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Fall Feast 2009

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Man (and woman) cannot live on PBR and pasta alone. I should know. I spent the whole summer trying. But now that my leftover Burning Man groceries are gone and the weather’s getting colder, I can’t help but crave real food again. And what better time and place is there to be really, really hungry for a substantial meal made with fresh ingredients than right now in San Francisco? Despite the struggling economy, innovative restaurants keep popping up — and the old classics are offering better deals. Plus, the changing culinary landscape has led to all kinds of fun, cheap, gourmet alternatives like pop-ups, lunch carts, and temporary restaurants-within-a-restaurant. This edition of FEAST, our drinking and dining magazine, focuses on what we love about the Bay Area’s food scene, from innovative locales to cross-cultural alternatives, from wintery suppers to summery desserts (after all, how cold does it ever really get here?), and from new restaurants to a niche bookstore that only a foodie-city like San Francisco could support. Whether you’re ready to start your Thanksgiving feasting early or are simply transitioning out of your warm-weather diet (or budget), we’re sure you’ll find something in the coming pages to satisfy your cravings. Unless, that is, you’re looking for PBR and pasta. You’ll have to take care of that one on your own — or wait ’til next summer. (Molly Freedenberg)


>>10 latest, greatest openings


>>6 supper-worthy soups


>>4 fine wine bars


>>6 innovative ice creams


>>4 phenomenal falafels


>>A readable feast: Q&A with Omnivore’s Celia Sacks

4 fine wine bars

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It’s time to quit your drinking habit. No, not that one. The one where you sidle up to your usual bar and say, "I’ll have a glass of cabernet (or chardonnay or merlot)" with nary a glance at the wine list. I know, I know. You’re tired. You had a long day. But there’s a big world of wine out there, and lucky for you, we live in a city with lots of delightful options by the glass, from Down Under stickies to the reds of the Med. Here are four places that specialize in remarkable vinos, so it’s easy to trade in that mediocre merlot for a truly vinaceous adventure.

LA GITANE


If you think sherry is only for the likes of Niles and Frasier Crane, La Gitane will change your mind in three sips. Order the tasting of three 1.5-ounce pours ($14) — a light, briny Fino; a tangy, citrus-y Amontillado; and a rich and smoky Oloroso — wines that are stunningly dry but richly flavored (and, at 19 percent to 20 percent alcohol, not at all demure). If you sit at the bar, chances are a charming barman (they all seem to be men here) will pour you a little education along with your wine — in the form of a brief but enthusiastic tutorial of grape varieties and the Solera system (the special process of aging and blending sherry). Find yourself wanting more? You’re in luck: La Gitane offers 20 different sherries by the glass ($6–$18), including a couple of sweet styles and a half-dozen or so sherry-based cocktails ($7–$11).

6 Claude Lane, SF. (415) 788-6686, www.gitanerestaurant.com

SOUTH FOOD AND WINE BAR


Quick, name an Australian wine. If you said "Yellow Tail," you’re not alone. Due to the ubiquity of that single brand, it’s easy to believe that everything that comes out of the country-that-is-a-continent is a $5 shiraz. Not so. The proof is in the glass at South, where the focus is on the food and wine of Australia and New Zealand. Sure, you can order shiraz, but there are far more interesting things to be sipped here. A glass of Peter Lehmann Semillon ($7) might sound intimidating, given that it’s a grape you’ve probably never heard of, but its crisp grapefruit and lemon zest flavors make it a lovely aperitif. More of a red drinker? New Zealand produces pinot noirs that blow most of their California counterparts out of the water. Try St. Clair Vicar’s Choice ($10) from Marlborough; a bold, spicy petit verdot from Victoria ($8); or an iced Riesling from Tasmania ($13) that’s a dead ringer for a honey-dipped apricot. South makes it easy to try them all at its happy hour, weekdays from 3:30 to 6:30 p.m., when all wines are $6.

330 Townsend, SF. (415) 974-5599, www.southfwb.com

YIELD WINE BAR


It’s easy to make yourself at home at this Dogpatch wine bar, either on one of the leather couches arranged around low butcher block tables or at one of the half-dozen barstools lined along the simple wooden bar. Indeed, stepping through the door at Yield feels a bit like entering a friend’s loft: cozy, relaxed, and well-designed. But beyond atmosphere, what really makes this wine bar special is its menu. Every wine is organic, biodynamic, or sustainably farmed, and every dish on the concise list of small plates is vegetarian. The wine menu changes frequently and includes familiar varieties ( sauvignon blanc, syrah, cabernet) as well as more esoteric offerings like the Domaine de Reuilly Rosé of Pinot Gris ($11) — a pale pink, crisp wine with delicate flavors of strawberry and orange zest — or the Tenuta Pederzana Lambrusco ($11) — a fun, sparkling red from Emilia Romana, Italy. Really want to roll the dice? Opt for the never-know-what-you’re-going-to-get carafe special ($10), offered weekdays from 5:00 to 8:00 p.m.

2490 Third St., SF. (415) 401-8984, www.yieldsf.com

ZARÉ AT FLYTRAP


The bar at Zaré at Flytrap is impressive for three reasons: its warm and talented bar staff; its well-edited, Mediterranean-influenced wine list; and its truly affordable happy hour. You won’t find an over-the-top cabernet or run-of-the-mill merlot here. Instead the wine menu invites you to delve into the beguiling wines of Spain, Portugal, the south of France — even Lebanon. That’s right, Lebanese wine. Which you should try. Why? Because Chateau Musar’s "Hochar" ($12) is a smoky, earthy, elegant blend of cabernet, carignan, and cinsault that could easily be mistaken for a fine Bordeaux. Plus, if you come around during a weekday happy hour (4:00 to 6:00 p.m.), all wines by the glass are $5, making it that much easier to take a chance.

606 Folsom, SF. (415) 243-0580, www.zareflytrap.com

6 supper-worthy soups

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Take almost any kid to the grocery store and their favorite place is likely the candy aisle. Me? I salivated in front of the soups. All those colorful cans promising savory combinations of belly-warming meat and veggies caught my childhood fancy, no matter the season in my temperate hometown of San Diego. Back then, the decision always was between hearty beef barley, comforting chicken noodle, and more-fun-than-tasty alphabet soup. Now my palate has matured — but my taste for a brothy meal in a bowl has not. I still consider the greatest dining find to be a liquid lunch with ingredients so fresh and seasonings so rich that ordering a "proper" entrée is superfluous.

LA TAQUERIA MENUDO


If you’re looking for a traditional Mexican stew (or just a fantastic hangover cure) in a hipster-free environment, head out of the sunny, skinny-jeaned Mission District and into the fog of the Excelsior. There, at La Taqueria Menudo, you can find a steaming bowl of perfectly spicy pozole. (Similar to menudo, minus the creepy surprises of tripe — or Ricky Martin). This under-appreciated neighborhood joint serves the classic dish with plump hominy and pork so tender it comes apart when you stab it with your spoon. The dish is traditionally served with cabbage and radishes, but La Taqueria serves it with limes, cilantro, onions, and chile de arbol. No matter. The spicy depth of the soup’s flavor unravels in so many layers, and the accompanying tortillas are always so warm and soft, that those deviations get lost in the mist.

4591 Mission, SF. (415) 333-8604

SOUP FREAKS


Overall reviews of this mini-chain are mixed, but we love this company’s dedication to organic ingredients and free-range, hormone-free meat. And say what you will about any of the other soups, the chili here is transcendent. Made with four different types of beans, fresh tomatoes, and bell peppers with a bit of crunch, this cold-weather classic is satisfying year-round.

90 New Montgomery, SF. (415) 369-9602; 1900 Powell, Emeryville. (610) 601-7687; soupfreaks.com

LA MEDITERRANEE


It may be rare to get San Francisco days so sweltering you need chilled soup to counter them. But La Mediterranee’s cold cucumber soup is worth ordering whatever the weather. The cool blend of fresh fruit (cucumber is one, you know) and warm garlic melds perfectly with the creamy yogurt base, proving bright enough for an Indian summer lunch and dense enough for a nippy autumn supper.

2210 Fillmore, SF. (415) 921-2956; 288 Noe, SF. (415) 431-7210; 2936 College, Berkeley. (510) 540-7773, www.cafelamed.com

SUPPENKÜCHE


It’s easy to assume that all German cuisine is bland and heavy, particularly dishes like potato soup. But the kartoffelsuppe at Hayes Valley’s Suppenküche proves that central European food can be hearty without inducing a heart attack — or a born-of-boredom nap. The thick, savory, beef-based stew may warm your belly, but the balance of spice and starch is delicate enough to delight the palate of diners who’ve never set foot in Münich or Milwaukee.

525 Laguna, SF. (415) 252-9289, www.suppenkuche.com

BURMA SUPERSTAR


Made from a mix of samusas, falafel, cabbage, and fried potatoes, the samusa soup at this Richmond District eatery might sound like the last stop for wayward leftovers, but this thick, salted delight is the reason many diners make the trek to Clement Street in the first place. Indeed, this stewed version of the popular eatery’s varied specialties is so good you might be inspired to skip the next course altogether.

309 Clement, SF. (415) 387-2147, www.burmasuperstar.com

SAN FRANCISCO SOUP COMPANY


SF Soup Company may seem to be everywhere, but it’s an entirely local enterprise. Even better, it has found a way to take tomato soup — the dreaded accompaniment to the ubiquitous grilled cheese sandwich of childhood — far beyond its boring, watery reputation. The secret? Combining the sweet acidity of the native South American plant with savory basil in an organic, creamy base. Add in the choice of wheat or french bread and you’ve got a delicious, healthy meal option wherever you are in the city.

Various SF and Bay Area locations, www.sfsoupco.com

6 innovative ice creams

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It’s not just you. There really is an explosion of new places to get sweet, cold, creamy treats in the Bay Area. But why the new interest in this classic American dessert? Neil Gottlieb, founder of Three Twins in the Lower Haight, considers the trend the newest place the slow food movement is having an impact. "There’s a renaissance of making ice cream the way it should be made — with fresh ingredients." Jake Godby, chef/owner of Humphry Slocombe, agrees. "Ice cream is the new cupcake," he said. But does that mean the market will become oversaturated soon? Mitchell’s manager Linda Mitchell doubts it, explaining that people simply love ice cream — and have a seeming insatiable desire for new and interesting flavors. Plus, Godby adds, each specialty ice cream shop has its own niche. "We’re all kind of different from each other, and we all get along," he said. After extensive testing (and just a few ice cream headaches), we’ve discovered six of our favorite flavors from both new and long-beloved creameries. Pinkberry who?

MEXICAN CHOCOLATE


You may scream for ice cream, but the yelling in my house came from my mother when I tried to nibble a block of Mexican baking chocolate: "That’s not candy!" Bouncing off the walls, I begged to differ. Now Mitchell’s, the family-run parlor that’s been open more than 50 years, has turned the spiced chocolate of my childhood dreams into a bona fide creamy dessert, rich in flavor and accented with blasts of cinnamon. Not even Mom can argue.

Mitchell’s, 688 San Jose, SF. (415) 648-2300, www.mitchellsicecream.com

SALTED CARAMEL


This orgasmic flavor is what inspires people to wait in tangled lines, even in the middle of a rainstorm. Is it the first lick, when salt puckers your taste buds, that’s so enticing? Or the luscious sweetness of caramel that kicks in next? Or the pleasant surprise at the way the two meld into one perfect after-experience? It doesn’t matter. Thanks to flavor combinations like these, Bi-Rite’s ice cream, always made with organic dairy products from Straus Family Creamery, already feels like a San Francisco classic after only three years.

Bi-Rite Creamery, 3692 18th St., SF. (415) 626-5600, www.biritecreamery.com

DOMAINE CARNEROS SORBET


Three Twins carries only eight flavors of its organic ice creams and sorbets at its tiny shop on Fillmore and Haight (and its several other locations, including one in Napa), so you never know what special flavors will be available. But if you can get the Domaine Carneros sorbet, made from unfermented pinot noir grapes, you won’t want to miss it. The delicate hint of wine mixes with ripe bursts of tangy, tart berries for an unexpectedly balanced flavor, pleasing your child-like and 21+ palate alike. (If the sorbet’s not available, you also can’t go wrong with Lemon Cookie, a Three Twins staple flavor.)

Three Twins, 254 Fillmore, SF. (415) ITS-TWIN, www.threetwinsicecream.com

SAFFRON GINGER


Following the lead of spicemasters like Bombay Ice Cream, Mission District newcomer Xanath has turned the savory spice of saffron into a creamy, lush, and ginger-filled frozen treat. The young, family-owned parlor also offers an array of organic ice creams and vegan sorbets, including options like coconut, strawberry, and peanut butter. And we love the staff, not only because they’re extraordinarily friendly, but also because they let you try as many flavors as you like (before you inevitably settle on Saffron Ginger).

Xanath, 951 Valencia, SF. (415) 648-8996

GOAT CHEESE


I’d like to thank the crazy person who first made goat cheese gelato. In the meantime, I’ll just thank Holy Gelato!, the neighborhood shop that hosts this pungent, creamy party in your mouth. The quirky shop, featuring a picture of Darth Vader glaring at you from a heaping tub of gelato, makes sure you not only get an eyeful of eccentricity, but a mouthful of crazy flavors that’ll have you skipping back for more. (For your best goat cheese pairing, try an accompanying scoop of raspberry sorbet.)

Holy Gelato!, 1392 Ninth Ave., SF. (415) 681-3061, www.holygelato.com

BLUE BOTTLE VIETNAMESE COFFEE


Sure, Humphry Slocombe may have a reputation as the latest hipster trend (and it is). But for good reason: its Blue Bottle Vietnamese Coffee flavor is the most phenomenal thing to happen to ice cream and coffee since the two were first mixed together in … who knows? The shop on Harrison and 23rd streets may be known for its way-out flavors, but it’s the combination of some of the best coffee in the city infused into this simple yet complex ice cream that makes this flavor a hit.

Humphry Slocombe Ice Cream, 2790 Harrison, SF. (415) 550-6971, www.humphryslocombe.com

4 phenomenal falafels

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Falafel — those delightful deep-fried chickpea (or sometimes fava bean) balls — could quite possibly be the perfect food. It spans cultures: Originally a fasting food from Egypt, falafel became popular in the Middle East, was adopted by Jewish immigrants to Palestine, and is now a favorite fast food internationally. It spans food preferences: vegetarians like the protein-packed nutrition; omnivores like the crunchy/chewy texture. And, when combined in a pita with vegetables and hummus, yogurt, or tahini, the highly portable sandwich combo spans locations. Here are some of our favorite places to get these diverse delights.

OASIS GRILL


If you find yourself hungry for a quick, tasty lunch or dinner in the FiDi, skip the high-end sandwich shops and head to this unassuming Mediterranean eatery. The tiny grab-and-go spot (there’s only room for two people, or one very large one, to sit down), is the perfect place to get spicy falafel with fresh veggies with a generous helping of tahini and hummus, all wrapped in a thin, soft lavash bread. The only thing more impressive than the falafel — that owner Mohammed not only miraculously manages to remember your order, but to find you amid the throngs of people packed into the tiny shop like a rush hour BART train.

91 Drumm, SF. (415) 781-0313, www.sfoasisgrill.com

LIBA


The folks behind Liba — whose name means romance/love in several languages including Yiddish, Hebrew, and Russian — want you to fall in love with their falafel, and you’ll be hard-pressed to resist. The courtship starts with the exterior of this adorable mobile lunch spot: mint green paint, swirly lettering, and potted plants are smart and inviting. Next, Liba reels you in with organic, local, natural ingredients and an environmentally-focused philosophy. But the kicker is the falafel: just crispy enough and served in a fluffy pita with your choice of toppings that give traditional ingredients an inventive twist (think tomato cucumber salad with mint or red beets with lemon and thyme). If you’re extra hungry, you can even add a side of sweet potato fries to your meal. Doesn’t sound like your average gyro stand? It’s not. With inspiration gathered from a number of countries and cuisines, the only way we can describe it is "falafel fusion." You might not expect it, but get ready for the delicious flavors to hit you like, well, a truck.

155 De Haro, SF. (415) 806-5422, libasf.com

SUNRISE DELI & CAFÉ


Nestled between Asian markets in sleepy Outer Sunset, Sunrise Deli & Café has been around for three decades, always delivering food whose ingredients have never seen the inside of a freezer or plastic packaging. We believe the café’s longevity must be due in part to the falafel, which arrives looking more like the cousin of a burrito than a taco. With Sunrise’s version, eggplant and potatoes strain against the confines of lavash bread, with plenty of tahini and fresh tomatoes to balance all that carby goodness. Though the little balls of grain are always good, try to get them right out of the fryer, when they’re piping hot, crunchy but not greasy, and delicious. But if you do stop here, plan accordingly. You’ll want to arrive ravenous, or else risk quite the bellyache (because you won’t be able to stop eating until this falafel is gone). Have a heftier appetite? Round out your order with other entrees, sandwiches, salads, and dips, which you can enjoy at an inside table or take it all to go.

2115 Irving, SF. (415) 664-8210, sunrisedeli.net

THEATRE TOO CAFÉ


Waiting for falafel inside this Middle Eastern eatery is almost as enjoyable as eating it. The husband-and-wife owners trade quips and squabble lovingly as they prepare your gargantuan lavash wraps, adding a bit of levity along with greaseless chickpea balls and a blazingly spicy spread. (Expect even the "medium" spice to bring tears to your eyes.) If moving your meal seems too momentous a task, you can enjoy your falafel in the Internet loft or the more traditional seating area. Or, if you’re feeling ambitious, take your food to go. With a huge sandwich and a drink that cost less than $10, you should still have money left over for parking somewhere else.

539 Sutter, SF. (415) 392-4866

Appetite: Franziskaner Dunkelweisse, Swoonbeams, cider sauce, and more

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Every week, Virginia Miller of personalized itinerary service and monthly food, drink, and travel newsletter, www.theperfectspotsf.com, shares foodie news, events, and deals. View the last installment here.

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Foreign Cinema

10/29 – Foreign Cinema’s Oktoberfest German-themed dinner
Get your lederhosen on… or at least be hosted by someone wearing theirs… at Foreign Cinema this Thursday. No, it’s not a German restaurant per se, but I’d trust most meals in the hands of chefs Gayle Pirie and John Clark. Their special Munich-style, three course dinner is $34.95, including one hearty beer, but is also available a la carte (along with the regular menu). Make reservations for the night, down Oktoberfest beers (a Weihenstephaner Festbier or Franziskaner Dunkelweisse) while eating beet and cucumber salad, wiener schnitzel with fried potatoes, and spiced apple cake with praline and cider sauce. Dreimal hoch (i.e. three cheers)!
Thu/29, 6-10pm
2534 Mission Street
415-648-7600

www.foreigncinema.com

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10/29 – Fair Trade Month celebrated at Samovar Tea Lounge
October is Fair Trade Month and downtown’s Samovar Tea Lounge commemorates with a Fair Trade Gala this Thursday. Fair trade speakers discuss the movement from all angles (that of the suppliers, certifiers, retailers, and farmers) with plenty of Q&A to answer your questions. On hand to sample as you join in the discussion are fair trade products from Alter Eco Olive, Frontier Herbs and Spices, La Yapa Quinoa, Tcho Chocolate, Swoonbeams Chocolate, and more, plus Samovar’s new line of Fair Trade Teas.
Thu/29, 7-9pm, $10
730 Howard Street
415-227-9400

www.samovarlife.com

Appetite: Cliff House hits 100, juicy “Appetite City”

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Every week, Virginia Miller of personalized itinerary service and monthly food, drink, and travel newsletter, www.theperfectspotsf.com, shares foodie news, events, and deals. View the last installment here.

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11/4 Cliff House Centennial Celebration
Cliff House is one of our San Francisco classics, surviving fires and decades with seaside dining over crashing waves and sunset vistas. In 1909, the third “fire-proof” incarnation was built by Adolph Sutro’s daughter, Dr. Emma Merritt, after the original two locations burnt to the ground. There have been numerous renovations, the last in 2004, two restaurants, the Bistro and more upscale Sutro’s, and George Morrone came on as chef for a time, raising menu offerings commensurate with the views.

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Cliff House’s centennial celebration is coming up on November 4. Though it does cost a lofty $175, there’s no other party quite like it. Benefiting Golden Gate National Parks Conservancy, there will be an intriguing auction of period ball gowns made from recycled Cliff House menus, memorabilia and photographs, by 3D designer, Mari O’Connor. Fashion buffs, check out sketches of the gowns representing various eras throughout the century – sure to be a highlight of the night.

While savoring hors d’oeuvres and cocktails, there’s a Beach Blanket Babylon performance, dancing to the Reinhardt Swing Band or a DJ in the Terrace Room, historical exhibits, with hosts, Gene Burns and John Rothmann, of KGO radio, and comedian, Bob Sarlatte.

If that’s too much money to swing, commemorate 100 years in the Bistro on Wednesday nights with a $19.09 three-course prix fixe, or Sutro’s $20.09 three-course lunch every Tuesday, through the end of 2009.
Wednesday, November 4
6:30pm
$175
1090 Point Lobos
415-386-3330
Vintage attire or black tie eveningwear

www.cliffhouse.com

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Oct. 28 — William Grimes talks about his latest book, “Appetite City”, at Omnivore Books
William Grimes is a former restaurant reviewer for the New York Times whose book, Straight Up or on the Rocks: The Story of the American Cocktail, ignited my passion for the history of the cocktail, leading to excessive reading on the subject afterwards. His knowledge of drink and food is both broad and deep. I’m eager to hear him talk about his latest, Appetite City: A Culinary History of New York, at Omnivore Books in Noe next Wednesday. The book covers the daring, multicultural past of New York’s food scene with Grimes’ impeccable historical writing and attention to detail, plus more than 100 photographs and rare menus. Food and restaurant lovers will find something of interest here – but arrive early enough to squeeze into Omnivore’s small space.
Wed/28, 6-7pm, free
3885A Cesar Chavez
415-282-4712

Omnivore Books

Killing the dream

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tredmond@sfbg.com

When the first issue of the Bay Guardian hit the stands in 1966, it was still really possible to talk about the California dream. The state had seemingly limitless potential and was in many way a model for the nation — a free public university system that was the envy of the world, an economy that provided jobs to hundreds of thousands of new arrivals, the beginnings of what would be the nation’s premier environmental movement pushing to save San Francisco Bay, save the coast, save Lake Tahoe … and the Free Speech Movement, the Summer of Love, the United Farm Workers Union, and so much more that was transforming politics and culture in the United States from the West Coast.

Twelve years later, it was all falling apart. Eight years of Gov. Ronald Reagan and then the passage of Proposition 13 launched a very different kind of movement out of the West, a movement that sought to dismantle the public sector and the social safety net, to treat government as the enemy, and to use culture wars to convince working-class Americans to vote against their own economic interests.

And now California is being described as the nation’s first failed state. Gov. Arnold Schwarzenegger — the second Republican actor to hold that role — has driven the state to the brink of bankruptcy. The University of California is drowning in red ink, raising fees and turning away students. The state’s water system is a mess; cities and counties are in fiscal collapse; the economy’s in the tank; and nobody seriously talks about a California dream anymore.

The story of how that happened — and how the diseases of tax-revolts, privatization, government corruption, and public disempowerment spread east from California — is the focus of this 43rd anniversary issue. It’s both enlightening and a bit scary to read through old issues, because in hundreds of stories over the past four decades, the Guardian has warned of exactly what was to come.

The very first issue of the Bay Guardian talked about the "historic election" pitting the incumbent, Democrat Pat Brown, against Reagan. A lot of people in the emerging "new left" were arguing that there wasn’t a bit of difference between the two, and that you might as well sit out the election. But the Guardian had a different take. The election was really about the direction California wanted to go, the paper said, a choice between a state that cares about the public sector and social welfare and a state where those things don’t matter.

"Reagan’s stands typify the temper of the cause," the Nov. 7, 1966 editorial stated. "He is on record, at various times, in opposition to the progressive income tax, Social Security, Medicare, the anti-poverty program, farm subsidies, the TVA, the Civil Rights Act, the Voting Rights Act, public housing, federal aid to education, and veterans hospitalization for anything other than service-connected disabilities. How can a man or a movement govern the state of California with such a political philosophy?"

Reagan’s election may have seemed like a fluke, but it was nothing of the sort. By the mid 1960s, with the counterculture — and equally important, the economic left — looking to make major inroads in American policy, the broad outlines of a right-wing attack plan were in place.

That’s something the Guardian always recognized — that powerful people who moved the levers of government typically did so with a long-term plan.

In San Francisco, part of that plan was the transformation of a human-scale city to a West Coast version of Manhattan. The idea: tear up South of Market (then mostly low-income housing) for a shiny new convention center and hotels. Dump dozens of big high-rise office buildings downtown. Construct a fixed-rail system to carry suburban commuters into the dense downtown. Drive up property values — massively — and if that means blue collar jobs and working class people had to go to make way for wealthier office workers, so be it. In the end, of course, the architects of the plan — landowners, developers, bankers, and big business leaders — became immensely wealthy.

On the state and national level, their plans were broader. Even so, they had one major aim: throttle the pubic sector. Cut off the funding for government programs, reduce regulations, undermine any concept of a welfare estate — and cut taxes on the rich.

As we report on page 8, the architects of this plan are happy today to talk about how it worked — how Reagan launched his war on government back in the 1970s, how a group of well-funded think tanks developed plans, and political consultants took advantage of people’s fears (and the Democratic Party’s failures) to put those plans into action.

The movement really got off the ground in 1978 with the passage of Proposition 13.

Prop. 13 emerged from a state in the middle of a massive growth spurt and a heated political cauldron of money, race, and Legislative failure. Howard Jarvis, a Republican landlord lobbyist who hated taxes, hated government, hated public schools, and disdained most Californians — "63 percent of [public school] graduates are illiterate" and would have no need for public libraries, he once quipped — took advantage of a gaping hole in political leadership and set off a movement that would cripple the United States of America.

The measure marked the final, fatal end in California of the era known as the ’60s — a period when the left was ascendant, when taxes on the wealthy funded education, infrastructure and programs for inner cities, and when economic and cultural liberalization seemed to be spreading across the nation.

Rising property values, driven by rapid population growth, were driving up property taxes — and the problem was real. Long-time residents, particularly people on fixed incomes, saw their taxes rise so high they couldn’t afford to stay in their homes. The Legislature could have addressed that (with, say, a split-roll measure that taxed residential and commercial property at different rates) but utterly failed to move on the crisis.

A series of assessor’s office scandals didn’t help, either. And, at the same time, the California Supreme Court ruled that rich school districts had to share revenue with poor districts, infuriating wealthy white property owners.

Jarvis and his partner Paul Gann circulated petitions to roll back property taxes and make it almost impossible to raise taxes in the future. It passed with 65 percent of the vote.

Of course, big businesses (particularly utilities) were the big winners. As the Guardian pointed out on June 1, 1978, the top five utilities in California alone (including Pacific Gas and Electric Co.) would gain billions from the tax cuts.

But beneath it all was a simmering discontent with government — something Jarvis had set afire and would later be used by Ronald Reagan and the right-wing operatives who backed him to undermine the New Deal, the social safety net, and the basic social contract in America. The antitax folks played to white people who didn’t want to see their money going to minorities, to the middle-class folks who thought (thanks to the assessor scandals) their tax money was being wasted by corruption — and to a lot of younger people coming out of the 1960s who had learned from Vietnam, COINTELPRO, and Watergate not to trust government.

The Bay Guardian opposed the measure strongly: "Most analyses indicate that without replacement taxes, hundreds of thousands of California public servants would be thrown out of work (which is exactly what Howard Jarvis intends) … " a May 18, 1978 editorial noted. "Vote for Prop. 13 only if you favor decreased government services (including cutbacks in everything from libraries to schools to street-cleaning crews and possibly police and fire departments) and are fond of half-baked measures that favor the rich."

Prop. 13 set off a national movement to cut taxes — and riding that wave, Reagan was elected president in 1980. He immediately set about attempting to slash taxes on big business and the wealthiest Americans, and eliminate environmental, workplace safety, and employment regulations.

You can see the results in California — and across the nation. The very strategies that emerged in this state and that the right has supported over the years have come very close to destroying the United States economy, leaving millions out of work — while the gap between the rich and the poor has risen to unsustainable levels.

Part of the reason this national attack on government and the public sector worked was the failure of Democrats to recognize that corruption matters. It was no small wonder that Californians were losing faith in government — in the 1970s and 1980s, the state Legislature, under the Democratic control of Speaker Willie Brown, was awash in sleaze, paralyzed by lobbyist influence and campaign money. Yet leading Democrats, fearful of Brown’s power, did little to reign in the appalling corruption.

In fact, when Brown became mayor of San Francisco, the entire Democratic Party, from the president of the United States on down, seemed to treat him as royalty — despite the fact that he was selling the city to every developer and corporate lobbyist who waved money under his nose. When taxpayers knew that a large part of their money was going to fund juicy jobs for Brown’s cronies and pet projects, it was hard to argue for higher taxes.

And it was the Democratic Party leadership in San Francisco who presided over two of the greatest examples of privatization of public resources in modern history: the Presidio and the Raker Act. Rep. Nancy Pelosi was the author of the bill that, for the first time, turned a national park over to the private sector — and hardly a Democratic leader in the city dared to lift a finger in opposition. And for decades — since the Guardian first broke the story in 1969 — the city’s Democratic power brokers have bowed and genuflected to PG&E and allowed the private utility to control the local electric grid and block implantation of the federal law that mandates public power for San Francisco.

And now PG&E wants to pull off one of the greatest feats of privatization in American history. The company has launched a ballot initiative that would wipe out any further attempts at public power in California, essentially guaranteeing that private companies, not the public sector, control the vast, critical resource of electric power in this state.

It’s the latest big battle between two divergent visions of America — and this time, the folks who have done so much damage to this state and this nation can’t be allowed to win. In fact, maybe the campaign against PG&E can be the turning point, the time when California realizes that privatization, attacks on the public sector, tax cuts for the rich, and political sleaze are a formula for disaster.

Attack of the right-wing nuts

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In April 2006, with the approval ratings of President George W. Bush plummeting, his senior political advisor, Karl Rove, began discussing a plan to turn things around.

His strategy: attack progressive organizations that were registering low-income people to vote and helping them fight corporate power — and claim it was about voter fraud.

The main White House target, newly released records show, was the Association of Community Organizations for Reform Now (ACORN). By the end of 2006, Rove would oversee the removal of eight U.S. attorneys, including two who refused to press bogus charges against ACORN in New Mexico and Missouri, and a third under similar suspicions in Washington state.

ACORN made a convenient target for Rove and his gang — and the well-orchestrated attacks on that group, which have exploded into the headlines this year, provide a compelling case study in how the right wing operates in this country.

Although it was the GOP that removed tens of thousands of likely Democratic voters from the rolls in the 2000 and 2004, the Republicans and their allies were able to make the issue of voter fraud all about ACORN, using a handful of isolated problems to undercut an organization focused on giving a voice to poor people.

Founded in Little Rock, Ark. at the end of the 1960s, ACORN has grown into the nation’s top community-organizer group, thanks to success in improving poor people’s housing, wages, and educational access. By the eve of the 2008 presidential election, ACORN had helped register more than 1.3 million voters — mostly young, low-income minorities — in 21 states, including the battleground states of Florida, Pennsylvania, Michigan, and Ohio.

As The Nation put it, these successes made ACORN “something of a right-wing bogeyman.”

And while the recent furor over a conservative videographer secretly taping ACORN employees saying dumb things has somehow become one of the big political stories of the year, the major media have mostly ignored how this attack is part of a larger conservative strategy.

In August, hundreds of pages of e-mails and transcripts related to the 2006 U.S. attorney-firing scandal were released to the press and public — but few news outlets mentioned that Rove was focused on attacking ACORN’s voter registration efforts, even though ACORN and voter fraud are repeatedly mentioned in these documents.

“This is about a campaign that goes back a decade to big business and that people who don’t like what ACORN does and is effective at — namely, helping groups to organize and put pressure on banks around sub[prime] mortgage loans to stop racial discrimination,” Peter Dreier, a professor of politics at Occidental College, told us.

It wasn’t really about voter fraud. As former U.S. Attorney David Iglesias, a Republican from New Mexico, recently stated on The Rachel Maddow Show: “They were looking at numbers [and] didn’t like the demographic tidal wave that was coming their way so they wanted to engage the machinery of the Justice Department to stop that wave.”

After two years of investigating ACORN and other supposed perpetrators of left-wing voter fraud, Igelias said, “I couldn’t find one case I could prosecute.”

But for the right-wing attack machine, it didn’t matter — the damage was done.

 

THEIR MASTERS’ VOICE

White House communications strategist Anita Dunn created a stir in mid-October when she told CNN host Howie Kurtz that Fox News “is really more of a wing of the Republican Party. … Let’s not pretend they’re a news network like everybody else is.”

It didn’t take long for Fox commentator Glenn Beck to retaliate. In a series of broadcasts, he attacked Dunn, compared the Obama administration to a communist dictatorship, and likened the criticism to the Holocaust. “Ask yourself this question,” Beck said during a radio segment, vaguely addressing people he called “good journalists” at other mainstream news networks. “When they’re done with Fox, and you decide to speak out on something — it’s the old ‘first they came for the Jews, and I wasn’t Jewish.'” Beck concluded the segment by warning his audience, “this is how a dictatorship always starts.”

Beck’s comment may strike San Francisco progressives as outrageous, but given the rhetoric routinely issuing from the right-wing megaphone, it’s also 100 percent predictable.

But when Dunn called Fox News Channel an arm of the GOP, she was dead on. Consider the history of its chairman and CEO, Roger Ailes, who ran Richard Nixon’s 1968 presidential campaign and later those of presidents Ronald Reagan and George H.W. Bush, guiding them all to victory through his brilliant and successful media campaign strategies.

“Roger Ailes is a newsman with a profound disdain for newsmen,” according to a New York magazine profile. “Fox News is being promoted as an anti-network, a news channel designed to appeal to the people … who don’t trust [the others].” Portrayed in the story as a “self-described paranoid,” Ailes reportedly resigned from an earlier position as head of CNBC after questions were raised about his desire to use his position as a weapon against his enemies.

Fox News is an outgrowth of its parent company, Rupert Murdoch’s News Corporation. A look at the board of directors of this multinational giant yields some startling insight into who controls the “fair and balanced” news network. Ailes himself has a seat at the table — but not every board member has a background in media.

News Corp. board member Viet Dinh, for example, is an attorney who came to the United States as a boy from Vietnam. In a 2002 interview with the Los Angeles Times, Dinh, who then served as an assistant attorney general at the Department of Justice, recalled an exchange he had with then-Attorney General John Ashcroft in the wake of the Sept. 11 attacks. “He told me: ‘The art of leadership is the redefinition of the possible. I want you to be the think tank to help me redefine the possible for the Department of Justice.'”

Dinh successfully redefined “the possible” by acting as a primary author of the USA PATRIOT Act, quickly propelling himself to prominence as a darling of conservatives and an enemy of civil liberties watchdog groups. A law professor at Georgetown University, Dinh is also founder and chief of Bancroft Associates PLLC, a consulting firm that specializes in helping Fortune 500 companies “navigate the federal and state criminal or civil investigations, congressional investigations, and complex litigation,” according to the firm’s Web site. It also specializes in public relations.

Another board member is José Maria Aznar, former prime minister of Spain. Aznar was born into a politically active, conservative family in Spain in 1953, and both his father and grandfather held government jobs under Gen. Francisco Franco, the fascist dictator. Aznar was handpicked by Manuel Fraga, a minister under Franco, to succeed him in leading Spain’s center-right People’s Party (Partido Popular), according to an article in the U.K.’s The Independent.

Aznar now serves as president of the Foundation for Social Studies and Analysis, a right-wing think tank based in Spain that, according to its Web site, works closely with the CATO Institute, the Heritage Foundation, and other conservative U.S. think tanks.

Occupying other seats at News Corp.’s board table is an assortment of professors, attorneys, public-relations experts, and businessmen with their fingers in a variety of banks and multinational corporations. Among the more familiar names are Phillip Morris, Ford Motor Co., Hewlett Packard, Goldman Sachs, HSBC North America, and JP Morgan Chase. Lesser known are the investment banking firms that have stakes in the petroleum industry, utilities, mining companies, and real estate.

While the connections between corporate interests and the country’s leading conservative propagandist are extensive and obvious, there’s a stark contrast between the message delivered by Fox News and the interests of its parent company.

Fox News plays up the theme of patriotism and reinforces the idea that there is a distinction between “real Americans” and outsiders. But Fox’s board is made up of members whose lives and economic interests are scattered across the globe, but have one common thread: they all control extraordinary sums of concentrated wealth.

 

PROPAGANDA AND EMOTIONS

While Dunn called Fox News Channel an arm of the Republican Party, others have gone so far as to label its content pure propaganda — and incredibly effective propaganda at that.

“This is very, very sophisticated propaganda,” says Bryant Welch, a clinical psychologist, author, and expert on political manipulation. “I don’t think progressives really get it that it’s a technique being used all the time.”

Welch said when he began working as a Washington, D.C., lobbyist on behalf of the American Psychological Association years ago, he started observing the tricky political maneuverings at play in the nation’s capital through the eyes of a psychotherapist who had spent some 30,000 hours helping patients confront their deep-seated hang-ups.

To his surprise, Welch found that some of the most successful right-wing political operatives also seemed to have an understanding of psychology — although they use the knowledge very differently. “A lot of it is psychological manipulation,” Welch asserts.

George Lakoff, a professor of linguistics at UC Berkeley and author of Don’t Think of an Elephant: Know Your Values and Frame the Debate, offered a similar analysis. He said Republicans approach issues as a marketing challenge. “They’ve learned from the cognitive scientists. Even if they don’t understand the science, they know how to do marketing.”

Welch, who is also an attorney and Huffington Post blogger, provides an analysis of how the right wing gets its message across in his book, State of Confusion: Political Manipulation and the Assault on the American Mind. He argues that public relations professionals, right-wing commentators, and others in the business of shaping public opinion are skilled at tapping into widespread feelings of anxiety and uncertainty.

“In this world, things are confusing,” he explains. “You’ve got to be constantly adapting and assimiutf8g new information. When times get confusing, people have a hard time forming a sense of what’s real.”

Right-wing television and radio personalities like Sean Hannity, Glenn Beck, or Rush Limbaugh prey on this widespread uncertainty, Welch argues, by providing viewers and listeners with an absolute version of reality that is easily grasped, neatly divided into right and wrong, and spelled out in very certain terms.

“The thing that Bill O’Reilly and Sean Hannity do is, they sound very powerful, certain, and aggressive,” Welch told us. “[Viewers] identify with that strength. They draw a sense of security from someone who has certainty about what is real.”

Viewers who find that their anxiety subsides when they tune in are hard-pressed to go back and reexamine their views later on, Welch said, because they’re satisfied with the answers they’ve been given. And in right-wing messaging, those answers consistently cast government as the enemy.

On Fox and AM radio, the use of repetition helps drive home an idea until it becomes a conviction in the mind of a listener. Television reinforces those key phrases with patriotic color schemes. The whole package is designed to transform an audience’s sense of bewilderment over a complex world into trust in spokespeople helping them make sense of it.

The right-wing commentators’ success lies partly in their ability to harness core human emotions such as paranoia or envy, Welch said. He pointed to the health care debate as an example, noting how Fox News has repeatedly played up the false concept of “death panels” to create fear.

To counter this tactic, Lakoff suggests that the left would do well to learn how to frame things in moral terms instead of playing defense against right-wing spin masters.

President Obama’s problem, Lakoff said, is that he is still trying to unify the country. “More power to him, but I don’t believe it’s possible,” Lakoff said. “Republican presidential candidate Sen. John McCain got 47 percent of the vote, bad as he was, and given how terrible a campaign he ran, and given that Obama ran a perfect campaign. So Obama’s election was not a landslide, even though he had one of the best campaign organizations and one of the best framed campaigns ever.” Obama doesn’t play the same manipulative games, Lakoff noted. “Obama believes that if you just tell the truth, it’ll be OK, and every day have a truth squad to find the conservative lies,” Lakoff said. “What he didn’t understand was that by focusing on the conservative lies, he was in fact helping the conservative cause. It’s like Richard Nixon saying, ‘I’m not a crook.'” That why Lakoff says it’s so important for Obama, and for the progressive movement in general, to define the moral imperative behind empowering the people and their government to create a better world, then aggressively push a campaign to do so. “It’s the ‘this is the right thing to do’ approach,” Lakoff explained. “And once it’s been framed that way, then you can say what’s false or true. But you should never go on the defensive first. As soon as you go point by point, you are on the defensive.”

The lesson of California

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Much of the right-wing agenda that has thrown this nation into economic chaos can be traced back to what was once called the Golden State.

The tax revolts that started here under Gov. Ronald Reagan and continued to sweep the country and the world under President Reagan never abated. Indeed, they have only been strengthened by the big business power that created and benefited from them.

But now that California is showing signs of being the country’s first failed state — caught in fiscal freefall and mired in political gridlock as a generation’s worth of neglected problems surge to the surface — this state has become a cautionary tale for that anti-government ideology.

Trends in America tend to start out west, and the economic and political disaster that California has become contains critical lessons for the rest of the country.

Lewis Uhler — president and founder of the National Tax Limitation Committee — speaks candidly and proudly of his key early role in helping build a conservative movement to limit the size of government and do battle with those who want the public sector to actively promote social and economic justice.

Uhler, a UC Berkeley Boalt Hall School of Law graduate who did legal work for conservative causes in the 1960s, was tapped by then-Gov. Reagan in 1970 to be the director of the Office of Economic Opportunity, a federally-funded legal assistance program created as part of President Lyndon Johnson’s war on poverty.

While that may seem like a strange role for an avowed conservative and former member of the John Birch Society, Uhler says Reagan basically brought him in to wreck the program and fight the feds. “I was asked to put my money where my mouth was for my conservative philosophy,” Uhler told the Guardian. “OEO was set up to ensure conflict and confrontation … The mission of legal services was to change public policy through lawsuits they decided to file. I thought it was a corruption of the legal system.”

At the time, public-interest law and liberal economic and social policies were on the rise in California and spreading to the rest of the nation. So the Reaganites fought back.

Rather than helping poor plaintiffs file environmental, consumer protection, equal rights, or other types of lawsuits designed to level the playing field with powerful interests, Uhler blocked lawsuits brought by attorneys he calls “ambulance-chasers” and gutted the program. “Ultimately,” he said, “we vetoed funding for California Rural Legal Assistance.”

And for his efforts, Uhler was rewarded with a cabinet-level position: assistance secretary of the Health and Welfare Agency. Again, his role wasn’t to make the agency more effective, but to make it less effective in a realm where he believes government was too big and too active.

“The problem was uncontrolled state and local spending,” Uhler said. “Intuitively, everyone who gathered around Reagan shared the same philosophy that government doesn’t really contribute anything to economic growth.”

In 1972, Reagan gave Uhler the opportunity to work more directly on the mission of cutting taxes and shrinking the size of government, naming him chair of the Governor’s Tax Reduction Task Force. It was, in many ways, the beginning of the vast right-wing conspiracy.

“I asked to be given the chance to go across the country and find the best free market minds in the country to develop these policies,” Uhler said, explaining that he wanted to borrow the liberal strategy of giving an academic veneer to their ideas, as presidents Kennedy and Johnson had done in the realm of foreign policy. “Our side had never really done that.”

Uhler’s first stop was the University of Chicago School of Economics, where he met with noted free market economists Milton Friedman, James Buchanan, and George Stigler, who were brought into the cause.

Today’s vast network of conservative think tanks didn’t exist at that time, so Uhler tapped conservative thinkers from the American Enterprise Institute and the Hoover Institute at Stanford University, as well as other conservative economists such as Peter Drucker from Claremont McKenna College.

“There were 35 people who helped us design the first effort at a constitutional initiative in California to limit year-over-year growth of the state’s general fund,” Uhler said. “All of us as free market enthusiasts and economists all shared the belief that government beyond a certain level eats the seed corn of the nation and doesn’t produce anything.”

While voters narrowly rejected their group’s first effort to cap government growth — Proposition 1 on the November 1973 ballot — the ground had been prepared and the seeds had been sown for the tax revolts that would sweep the country in the late 1970s, with many of the campaigns coordinated by Uhler and the organization he formed for that purpose in 1975, the National Tax Limitation Committee, and a rapidly growing network of similar, interconnected organizations.

As Uhler worked with Reagan to weaken California’s government from within, his fellow travelers were developing national and international strategies to create aggressive, coordinated, well-funded campaigns to attack government and spread the free market dogma.

In August 1971, Lewis Powell — a conservative corporate attorney who President Richard Nixon had just nominated to the U.S. Supreme Court (where he served from 1972-87) — wrote a confidential memorandum to the leadership of the U.S. Chamber of Commerce titled “Attack on the American Free Enterprise System.”

He sounded the alarm that the ascendant environmental and consumer movements were going to destroy capitalism in the country unless corporate America aggressively fought back in a coordinated fashion, which he spelled out in great detail.

He called for all major corporations to develop aggressive legal and public relations strategies for fighting the left, creation of a network of think tanks and media outlets to push the conservative message, manipulation of the legal system, and sponsorship of university programs to study conservative ideas and incubate future leaders — which all came to pass in the coming decades.

“American business [is] ‘plainly in trouble’; the response to the wide range of critics has been ineffective and has included appeasement: the time has come — indeed, it is long overdue — for the wisdom, ingenuity, and resources of American business to be marshaled against those who would destroy it,” Powell wrote.

Part of that strategy involved having the federal government promote and popularize free market economic theories being developed by Friedman and his colleagues at the University of Chicago, a movement that is well-documented by journalist Naomi Klein in her book The Shock Doctrine: The Rise of Disaster Capitalism.

In 1971, Friedman and his colleagues began working with rich conservatives in Chile who were allied with Gen. Augusto Pinochet, who in turn were conspiring with the CIA to overthrow and assassinate the democratically elected, leftist President Salvador Allende, which they successfully did on Sept. 11, 1973.

Friedman’s economic theories called for a radical restructuring of society — slashing taxes and social spending; removing most regulation and trade restrictions; crushing labor unions; promoting economic growth at any cost — and Pinochet executed the strategy in brutal fashion, ordering the death of at least 3,200 of his political opponents, including the car-bomb assassination of economist Orlando Letelier in Washington, D.C., in 1976.

Friedman and Pinochet consulted openly and shared a basic disdain for social programs and progressive taxation. “The major error, in my opinion,” Friedman wrote in a letter to Pinochet in 1975, referring to the government antipoverty programs Pinochet dismantled, was “to believe that it is possible to do good with other people’s money.”

The model Pinochet and Friedman developed in Chile would eventually go global — promoted by its top cheerleaders, Reagan and British Prime Minister Margaret Thatcher — and be implemented (with disastrous results for most citizens but creating huge profits for wealthy individuals and corporations) in Indonesia, Bolivia, Argentina, Peru, Russia, Poland, South Africa, Japan, and elsewhere.

But with the corporate media and conservative opinion-shapers focused mostly on economic growth — ignoring persistent poverty and the brutal tactics used to suppress the popular movements that tried to resist Friedman’s “economic shock therapy” — Friedman had become a sort of free-market prophet by the time he died in 2006.

“In the torrent of words written in eulogy to Milton Friedman, the role of shocks and crises to advance his worldview received barely a mention,” Klein wrote. “Instead, the economist’s passing provided an occasion for a retelling of the official story of how his brand of radical capitalism became government orthodoxy in almost every corner of the globe.”

California’s fiscal shackles have been in place since 1978, when Proposition 13 and subsequent measures capped property taxes and required an undemocratic two-thirds vote to either raise taxes or pass the annual budget.

A Republican landlord lobbyist named Howard Jarvis charged onto the field that Reagan, Uhler, and their team had prepared and took advantage of a gaping hole in political leadership to set off a movement that would cripple the United States of America.

There was some logic to it then. Times were good in California in the 1970s, good enough that people were flocking to the state by the millions. That was driving up property values — and thus property taxes.

Jarvis bought his home for $8,000 in 1946; 30 years later, it was assessed at $80,000. In fact, inflation was running at close to 10 percent a year in California. Homeowners were getting huge tax hikes each year, and tenants were getting huge rent hikes at a time when state government had a budget surplus.

Homeowners saw millions of dollars sitting in the coffers in Sacramento while they couldn’t pay their tax bills. Yet nobody in the Legislature or governor’s office came up with a solution.

So when Jarvis showed up with petitions to roll back property taxes and prevent future increases, he found a broad base of support. Even tenants went along — Jarvis and his gang promised that property-tax cuts would be passed on to tenants and would mean the end of the escautf8g rent hikes.

Jarvis collected signatures for a radical measure that essentially blocked all property tax increases and allowed new assessment only when a parcel sold. It was, in the end, a huge tax giveaway to major corporations. Since commercial property turned over far less often than residential property (and since commercial sales could be hidden as stock transfers), big businesses wound up paying far less of the state’s tax burden. Corporations used to pay about two-thirds of the state’s property taxes, and individuals one-third; now that is reversed.

It didn’t help tenants, either. Few of the landlords who saw the benefits of Prop. 13 passed the money along to their renters. Most just kept it. San Francisco activist Calvin Welch likes to say that Howard Jarvis was “the father of rent control.”

The campaign against Prop. 13 warned of the dangers of cutting local government; police and fire chiefs appeared in ads opposing it. But the No on 13 folks never talked about the huge windfall big corporations would get from the measure, or the huge disparities in wealth that would be created by defunding government and dereguutf8g corporations.

If the goal was to skew the concentration of wealth in the state, it worked brilliantly. According to the California Budget Project (CBP) of the Franchise Tax Board, recent data taken before the current economic recession illustrates an ever-widening chasm between the wealthiest taxpayer and the working-class person.

The total adjusted personal income for Californians rose by nearly $64 billion in 2006-07 — with approximately three-quarters of that increase going to the top fifth of wealthiest taxpayers, and 30 percent going to the top 1 percent. That left only $19 billion for everyone else.

“The average taxpayer in the top 1 percent experienced a $128,261 increase in AGI [adjusted gross income] between 2006 and 2007, which was more than three times the total AGI of the average middle-income taxpayer in 2007 ($36,115),” stated the June 2009 report.

This continues a long-term trend in which the wealthy continue to leave the average income-earner behind in a trail of dollar-sign dust. From 1995 to 2007, income gains for that top 1 percent come to a whopping 117.3 percent increase — nearly 13 times more than the gains of the middle-income taxpayer.

The nation’s income gap has reached a “level higher than any other since 1917,” according to a paper by University of California, Berkeley economic professor Emmanuel Saez. According to Saez’s analysis of census data, there’s been a steady increase in the income gap since the 1970s, rising 20 percent over the years.

Yet even today, the defenders of Prop. 13 continue to sound the same consistent themes. “Those who are directly involved in government are a militant special interest,” Howard Jarvis Taxpayer Association executive director Kris Vosburgh told us. “They don’t like anything that limits their revenue stream.”

While that last statement could be applied equally to corporations or other private sector enterprises, as Vosburgh reluctantly admitted when asked, he continues to imply malevolence to those who defend government. He said the state’s current fiscal collapse can only be solved by slashing government expenditures.

“It is not valid to be talking about revenue-side solutions,” he said. “Our position is the state has enough money to accomplish its goals.”

People have never liked paying taxes, but the antitax movement is about far more than just that basic individual desire to hold onto our money.

The attacks were well planned, carefully targeted, and part of a much larger effort aimed at maintaining corporate and conservative power, undermining the New Deal, reducing taxes on the rich, and radically reducing the size and scope of the public sector.

As Powell called for, corporations have aggressively challenged, in legal courts and those of public opinion, every significant progressive advance — from San Francisco’s attempt at universal health care to California’s tentative first steps to address global warming.

With a level of discipline unheard of on the left, conservative opinion-shapers pound their talking points and enforce party unity through mechanisms like the “no new taxes” pledge that every Republican in the California Legislature has signed and heeded, under the very real threat of recall.

Opposition to taxes is now so deeply embedded into the psyche of the California electorate, and such a core tenet of today’s Republican Party, that elected officials who tout fiscal responsibility allowed the state’s debts to go unpaid (destroying its credit rating in the process) and its education and transportation systems to be decimated rather considering new revenues.

Gov. Arnold Schwarzenegger’s spokesperson Aaron McLear told us, “He believes we ought to live within our means and pay for only the programs we can afford.”

That simple talking point gets repeated no matter how the question is asked, or when we point out that it means we’re being forced to live within historic lows this year. But they claim the people support them.

“We had tax increases on the May ballot and they were rejected by a 2-1 margin. We should listen to the will of the voters,” McLear said.

Never mind that this regressive, dishonest package of temporary tax hikes was opposed by the Guardian and a variety of pro-tax progressive groups. McLear wouldn’t even admit that point or respond to it honestly.

And he’s certainly right that most polls show a majority of Californians don’t want new taxes. But these polls also show that people want continued government services, more investment in our neglected state infrastructure, and a whole bunch of other contradictory things.

That’s why newspapers and analysts around the world are looking at California, the world’s eighth largest economy, and wondering (as the Guardian of London headline asked Oct. 4): “Will California become America’s first failed state?”

In many ways, it already is. The question now is whether we’ll try to learn from and correct our mistakes. Ryan Riddle contributed to this report. ———–

THE CONSERVATIVE RELIGION

When I asked Lewis Uhler, one of the architects of the Reagan revolution, what Americans believed in these days — where the people he likes to talk about who hate the government (but are also admittedly disillusioned with Wall Street) turn — he answered simply: religion.

It should come as no surprise that many religious fundamentalists tend to side with the free market conservatives — both ideologies require a leap of faith and ignoring certain troubling facts, such as increasing disparities of wealth, natural resource depletion, and global warming.

Their arguments mostly make sense — until these inconvenient truths come up.

Certainly, turning over more public resources to free market capitalists, cutting taxes, and slashing government regulation will spur private sector economic growth, just as advocates claim.

But that growth has a cost. The wealth won’t be shared by everyone. Indeed, poverty has persisted even through even the economic boom of the 1990s — but almost everyone will be affected by underfunded road, education, public safety, and other essential systems.

As the conservative movement has successfully limited taxes and cut regulation over the last 40 years, working class wages have stagnated as the rich have gotten richer. Many of the world’s oil reserves have peaked and gone into decline, and rapidly increasing carbon emissions have collected in the atmosphere and caused global warming.

So how do conservatives respond to these realities as they argue for the continued dismantling of government, which is the only entity with the scope and incentive to deal with these problems? They simply deny them.

Uhler decried the “pseudoscience of climate change” as hindering economic progress and claimed that there’s actually been a global cooling trend in the last 10 years. (Actually the last 10 years have been some of the hottest on record, causing glaciers around the world to melt, according to data and observations from a consensus of the world’s climate scientists, including NASA, the Union of Concerned Scientists, and the United Nations Climate Change Conference.)

It’s the same story with the consolidation of wealth, which hurts the free market fantasy that letting the super-wealthy keep more money will eventually trickle down to benefit us all. Uhler simply denied the growing disparity of wealth, saying the “movement between quintiles is significant.”

He was talking about people’s ability to go from poor to rich with a little hard work and initiative, the core idea of free market conservatives. But data from the U.S. Census Bureau and many other entities indicate that median wages have been stagnant for decades (which wouldn’t be true if there was lots of upward mobility) and that most of the wealth created in the U.S. over the last 40 years has pooled with the top 1 percent.

In fact, when it comes to measuring social impacts, Uhler has simply one metric: “Governments at all levels are twice the size they should be to maximize economic growth.” (Steven T. Jones)

 

Turf war

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The signs around Kimbell Playground in the Western Addition announce the field’s closure for construction until April 2010. Although they detail the extensive renovations, there is no hint that controversy swirls around one particular aspect: replacing living grass with synthetic turf.

In 2004, the San Francisco Recreation and Park Department issued an assessment of the city’s recreation facilities that estimated the city needed 30 softball fields and 35 soccer fields to match demand from the city’s players. Looking to get the most playing time from existing facilities, Rec and Park officials turned to turf.

Yet concerned citizens, community groups, and environmental organizations are trying to stop the conversion until the impacts of turf are better understood. Both sides say they are fighting for the welfare of San Francisco’s children. City officials tout increased availability of fields and reduced maintenance costs, while activists cite a wide variety of health and environmental issues.

"No one is happy about taking natural grass away," Rec and Park project manager Dan Mauer told the Guardian, "but we’re trying to meet multiple demands with limited resources."

In fact, the department’s steadily dwindling budgets led it to privatize the transition. In 2005, Rec and Park began collaborating with the newly formed nonprofit City Fields Foundation, signing a formal memorandum of understanding in 2006. This public-private partnership determined that without the resources to buy real estate for new fields, putting artificial turf on existing fields was the best alternative.

The transition began in 2006 with Garfield Square and Silver Terrace Playground; the partnership deemed both a success, and pushed for more. In February 2008, voters passed Proposition A, a $185 million parks bond that included $8.5 million earmarked for "park playfields repair and reconstruction." The legal text makes no mention of synthetic turf, but the money was intended to match funds from City Fields for the installation of turf, lights, and other improvements to designated fields.

The project is estimated to cost $45 million, with $25 million coming from City Fields and $20 million from the city. Although cash-strapped Park and Rec department officials stress the financial benefits, environmental concerns prompted the department to create a Synthetic Playfields Task Force in March 2008 with 16 volunteer members.

The task force was charged with evaluating peer-reviewed data on a new generation of artificial turf that improved on the older variety, commonly referred to by the brand that popularized it, AstroTurf. The new turf was less likely to cause injury than its predecessor and could withstand higher levels of play than grass, which takes time to absorb rainfall and must rest and regrow after heavy use.

The Synthetic Fields Task Force identified 11 possible issues of public concern and made a number of emphatic recommendations on how to proceed, including avoiding products with lead and investigating alternatives to rubber infill. Despite this, it didn’t call for a moratorium and conversions continued.

The city has converted four sites, soon to be five, and added lights at a sixth as part of the Playfields Initiative. According to City Fields Foundation spokesperson Patrick Hannan, "These fields have gone from being fields of last resort to some of the most requested fields in the city." According to organization’s estimates, the addition of lights and turf has added more than 27,000 hours of playtime to the first five sites.

Perhaps no one is more enthusiastic about synthetic turf than the sons of the late Gap, Inc. founder Donald Fisher, a regular funder of conservative causes. Bill, John, and Bob Fisher founded and partially funded City Fields Foundation "to give back to the city and provide children with access to the same fields and opportunities they had as children," Hannan said.

Opponents argue that synthetic fields are not the same ones the Fishers played on as children. In January 2008, Pinky Kushner of the Sierra Club sent a letter asking the Recreation and Park Department to suspend the program until "it can be demonstrated that these projects will have no negative impacts on the environment or on human health and enjoyment of public open space."

Her letter references the city’s Precautionary Principle, a policy whereby the city seeks to avoid taking action that might harm the environment even when there is a "lack of full scientific certainty about cause and effect." SF’s Environment Deparment says the principle "does not advocate the avoidance of any and all potential environmental risks." Rather, it "advocates for a public process in which the benefits of an action or technology are weighed against potential risks."

Rec-Park and City Fields are confident the Synthetic Playfields Task Force inquiry meets the requirements. But Sup. Ross Mirkarimi has authored a resolution asking for a moratorium on turf conversion until the state completes a study on the issue. Gov. Arnold Schwarzenegger signed legislation in September 2008 tasking state agencies to study the turf question and submit a report by September 2010.

Even if it passes, Mirkarimi’s resolution is nonbinding and unlikely to halt the current conversion of Kimbell Field. But it does have support from activists who believe synthetic turf poses a health risk. In several parks, community members lobbied against the proposed conversions and successfully convinced City Fields and Rec and Park not to move forward.

Franco Mancini, president of Friends of McLaren Park, described how a few residents were initially opposed to the proposed fences and lighting but soon became embroiled in the larger issue of synthetic turf and "playing Russian roulette with our children’s safety."

The new synthetic turf consists of a polypropylene fabric backing, an infill of crumb rubber made from shredded tires, and polyethylene fibers that replicate blades of grass. One of the principal concerns is that the crumb rubber infill, made from up to 50,000 tires per field, contains hazardous materials that pose potential health risks. Other health concerns are the presence of lead as a color fixative and the possibility of zinc leaching into the groundwater.

There are also concerns about what to do with the fields when they wear out and whether particles leach into the environment, problems Rec and Park officials have promised to work with turf companies to address. But so far research into the environmental impacts of turf have yielded conflicting results.

Resident Kelley Watts is concerned the "research is only in the very beginning stages" and compares the situation to the 1940s and ’50s when conflicting research about cigarettes was emerging.

Concerns that turf overheats on hot days led to ongoing moratoriums in Los Angeles and New York City. San Francisco’s mild climate doesn’t create the same problem, although it does have the underlying issue that synthetic turf absorbs heat and replaces carbon-absorbing grass, contributing to what is known as the "heat-island effect," a factor in global warming.

The Athena Institute, an Ontario, Canada, nonprofit, estimates that for the average synthetic soccer field to be carbon-neutral, 1,861 trees would have to be planted and allowed to grow for 10 years.

Kimball Field is in the process of converting but the next project, and potential fight, will be at Golden Gate Park’s Beach Chalet soccer fields next year.

Fighting for juvenile justice

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sarah@sfbg.com

Sup. David Campos’ proposal to amend San Francisco’s sanctuary policy so that the city guarantees due process to juvenile immigrants heads for a full vote of the board next week with the support of a veto-proof majority of supervisors.

Board President David Chiu and Sups. John Avalos, Chris Daly, Bevan Dufty, Eric Mar, Sophie Maxwell, and Ross Mirkarimi have signed on as cosponsors of the amendment, which also has the support of a broad coalition of civil and immigrants’ rights organizations.

But with the mayor opposed to the bill and the daily newspapers agitating against reform, it’s important to remember what’s really at stake here.

As a team of civil rights experts notes, the Campos bill "will ensure that families are not torn apart because a youth is mistakenly referred for deportation and will encourage cooperation between law enforcement and immigrant communities by reestablishing a relationship based on trust, therefore increasing public safety."

Campos, who came to this country as an undocumented youth from Guatemala and represents San Francisco’s heavily immigrant Mission District, says his proposal is a balanced solution to the draconian policy Newsom ordered last summer, without public input, the day after the mayor launched his 2010 gubernatorial bid.

When Campos introduced his amendment this summer, after months of public conversations with law enforcement agencies and the immigrant community, Newsom responded by leaking a confidential legal memo that outlined possible challenges to the proposal.

Angered but undaunted, a group of civil rights organizations responded by issuing their own brief explaining why Campos’ proposal is legally tenable and defensible.

As Angie Junck of the Immigrant Legal Resources Center, Robert Rubin of the Lawyer’s Committee for Civil Rights, Julia Mass of the American Civil Liberties Union of Northern California, professor Bill Ong Hing of UC Davis Law School, and Angela Chan of the Asian Law Caucus explained, Campos’ proposal "will allow immigrant youths to have their day in court and be heard by an impartial judge, ensuring due process is upheld for all of San Francisco’s youth."

They argue that Campos’ legislation seeks to "lessen the risk that the city will be liable for racial profiling, unlawful detention, and mistaken referrals of U.S. citizens and lawful immigrants for deportation while bringing the city’s juvenile probation practices into compliance with state confidentiality laws for youth."

And as they point out, Campos’ proposal won’t prevent youths who have been found by a court to have committed a felony from being referred to ICE.

"The sanctuary ordinance has stood strong for 20 years, and the proposed amendment strengthens the ordinance by taking steps to bring the city’s practices more into compliance with state juvenile justice law," the brief states. "The legislation is a measured step in the right direction that will help restore accountability and fairness in the city’s treatment of immigrant youth."

Or as Campos put it: "It’s something we drafted very carefully in close consultation with the City Attorney’s Office."

ARRESTED OR CONVICTED?


Campos’ amendment seeks to shift the point at which immigrant kids get referred to ICE agents for possible deportation. Newsom’s policy allows the police to refer kids to ICE the moment they’re arrested. That means someone who turns out to be innocent and was arrested in error can still be deported. Campos wants the cops to wait until the felony charge is upheld in juvenile court.

Since July 2008, when Newsom ordered the city’s current policy shift, 160 youths have been referred to ICE, increasing the risk they will be sent to detention facilities across the country, far from their families, without access to immigration legal services, based on accusations and racial profiling.

Abigail Trillin, staff attorney with the Legal Services for Children, told us that the Newsom policy makes San Francisco bedfellows with Texas and Orange County.

"A bunch of our kids go to Yolo County and Oregon, a lot to Los Angeles, others to Miami, Virginia, and Indiana, and some have already been deported," Trillin said.

Trillin noted that Newsom’s policy is destroying families by allowing innocent kids to be reported for deportation without the basic right to due process — often for minor offenses. She has already seen youth who are documented or innocent erroneously referred to ICE by juvenile probation officers, who often lack expertise in immigration law.

She also fears this miscarriage of justice could result in abuse and even death — especially if kids try to return to their homes and families by crossing the border, which has became increasingly militarized and perilous in the aftermath of the Bush administration’s decision to spend billions to build a fence along the border.

Last week, the battle for juvenile justice took a fresh twist locally when Newsom’s newly appointed Police Chief George Gascón said he hoped for a compromise involving third party review by the District Attorney’s Office.

"I fully understand the concerns Campos brings to the table," Gascón said, referring to his previous job as chief of police in Mesa, Ariz., where he saw the anti-immigrant excesses of Maricopa County sheriff Joe Arpaio.

"I have the benefit of seeing the other side, where you have police agencies aggressively engaged in immigration enforcement, where people that were frankly not engaged in any criminal activity other than that of being here without authority, are being deported," Gascón said. He noted that being here without papers often is not a crime; it’s just an administrative violation.

"I’ve seen very young people, people that basically came to this country when they were three or four years old and are staying clean and going to school, get stopped for a traffic violation at age 17 or 18, and now all of a sudden they’re getting deported to a country where they have no roots," he said.

But the chief remains convinced that the criminal justice system needs to be able to use all legally available tools to deal with violent criminal juveniles.

"I’m not saying the district attorney needs to make the reporting. The triggering event could be the determination to file the case," Gascón said. "Frankly, I wish I’d been here a year earlier to deal with this issue," he added, noting that federal immigration hearings are "a kangaroo court."

"It’s not a beyond-reasonable-doubt standard for people to get deported," he said.

"The other side of the coin is that this would be putting people in situations where they could be federally indicted for violations of law. And you also have problems at state," he continued, noting that two federal grand juries are currently reviewing the behavior of the Juvenile Probation Department.

DUE PROCESS


Campos, a lawyer, appreciates that the new police chief is "genuinely trying to see if there is something he can do to resolve the situation. I believe if he had been in place where this discussion was going on a year ago, the mayor would have received better advice."

"The chief’s comments reflect that what is happening here is pretty extreme," Campos added. "I recognize that changing the reporting process to a third party would definitely be better than what we have now, where the final decision rests with a police officer. But while it’s better, it’s not sufficient. Due process necessarily entails giving people their day in court, and letting a judge decide what actually happens."

Sup. Chiu, a former prosecutor, also said he appreciates Gascón’s resolution attempt. "But the point of our system is that once you are arrested and charged, there are due process rights so you can respond to those charges."

Sup. Dufty, a mayoral candidate, said he expects that when the board passes laws, those laws will be implemented by Newsom. "As CEO of San Francisco, he has to comply with all legislation, including local laws the legislative body passes that he may not like," Dufty said.

"My mother was born in Czechoslovakia and was stateless when I was a boy," he added. "She had to register every year as an alien, so this is very visceral for me. If we are to be a sanctuary city, it’s because everyone has due process. It’s denying people’s humanity and dignity and creating a two-tiered system for justice."

But mayoral spokesperson Nathan Ballard continued to assert that Newsom’s current policy is balanced. "While he remains open to argument, the mayor believes the current policy strikes the right balance between protecting public safety and safeguarding the rights of accused criminals," Ballard, who had not replied to the Guardian‘s questions as of press time, told the Examiner last week.

But Trillin says she can’t stand to hear Ballard falsely claim, one more time, that the city is going to shield criminals. "Ballard keeps repeating a completely false position, because Newsom’s actual position is morally indefensible," Trillin said. "You can’t have the mayor publicly say that young people don’t deserve due process, so you have to make up stuff like this instead."

New coach, new approach

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news@sfbg.com

The chief was running late. As a group of Guardian reporters filed into his modest, comfortable conference room on the fifth floor of the Hall of Justice, an aide told us that Police Chief George Gascón was still meeting with Mayor Gavin Newsom at City Hall, and that we’d all have to cool our heels for a while.

While we were waiting, Michelangelo Apodaca, a public affairs officer in the chief’s office (he called himself an “image strategist”) stressed the recent sea change at SFPD, labeling it “new coach, new approach.” (It appears, however, that the mayor is still pushing his so-called “quality of life” agenda. “I just came from a meeting where I got beat up for not doing enough about public drinking and public disorder,” the chief belatedly told us.)

But once we got into the interview, Gascón was friendly, candid, thoughtful, and accommodating, and spent nearly an hour discussing his philosophy of law enforcement, his vision for San Francisco, and his positions on some tricky and divisive problems.

We left with the impression that the new chief, although hardly in agreement with us on a number of issues, is far more open than his predecessor, willing to shake things up in the moribund department — and sometimes, interested in discussion and compromise on progressive concerns.

“My philosophy of policing is very heavy in community involvement, very transparent,” Gascón told us.

Gascón said he’s moving quickly on implementing many of the items that he’s promised, such as creating a COMPSTAT (computerized crime and staffing statistics) system that will be accessible to the public. He plans to launch it Oct. 21.

And beyond the technology, he seems interested in shifting the top-down structure of the department. “I said that we would reorganize the department in certain levels and do certain levels of decentralization to increase resources at the neighborhood level so that we actually have people within the police department who have greater ownership of neighborhood issues,” he said. “And we’re going to do that in November. I stated that we would have community police advisory boards at each of the stations, and those basically will be neighborhood-level people, anywhere from 10 to 20, for each station. We’ll work with our local captains on neighborhood-related issues.”

He said that improving how the department does community policing will have a two-fold impact. “One is, the cops get to understand better what the community really wants. The other is that the community gets to understand better what the resources really are.

“Everybody wants a foot-beat cop,” he continued. “Everybody wants a fixed-post cop. Everybody wants a cop in every bus. If we had 10,000 people, then perhaps we could fulfill all those wishes. The reality is that we don’t.”

 

EXPENSIVE CRACKDOWN

But the most tangible impact of Gascón’s tenure so far has been his crackdowns on drug-related activity in the Tenderloin, where more than 300 people at a time have been swept up in sting operations, and on marijuana-growing operations in the Sunset District, where 36 locations were raided (four of which Gascón said were discovered to be “legitimate” medical marijuana growers who had their crops returned by police).

The arrest surge generated a lot of positive press — but also is costing the city a bundle. Sheriff Michael Hennessey, who runs the county jail, told us that he had to reopen several jail housing units that had been slated to close to meet his budget for the current fiscal year. He said the average daily jail population in July was 1,861, but that it has risen to 2,146 in September, a 285 inmate increase.

If it stays at this level, Hennessey estimates that he’ll need up to $3.5 million in additional annual funding to house the larger population, as he indicated in a letter that he wrote to the Board of Supervisors last month, letting them know that he will probably need a supplemental budget appropriate this year.

When we asked Gascón whether affected city agencies — including the Sheriff’s Department, District Attorney’s Office, and Public Defender’s Office — should increase their budgets to deal with the SFPD’s new approach, he said they should.

There’s a touch of the corporate manager about Gascón. When we challenged him to defend the efficacy of the crackdowns, Gascón pulled out a pen and paper and started drawing a Venn diagram, with its three overlapping circles. He explained that many criminal justice studies have shown that about 10 percent of criminal suspects commit about 55 percent of the crime, that 10 percent of crime victims are the targets of about 40 percent of crimes, and that crime is often concentrated in certain geographic areas.

By concentrating on the overlap of these realms, Gascón said police can have a major impact on crime in the city. Although Gascón admits that “police can never arrest themselves out of social problem,” he also said “there are people who do need to be arrested … Most of the arrests are for serious felonies.”

It’s a potentially tricky approach — in essence, Gascón is saying that when you mix some people and some places (in this case, mostly people of color and mostly poor neighborhoods) you create crime zones. The difference between that and racial profiling is, potentially, a matter of degree.

But Gascón defended the surge in arrests over the last two months as targeting those who need to be arrested and, just as important, sending a message to the greater Bay Area that San Francisco is no longer a place where open-air drug dealing, fencing stolen goods, and other visible crimes will be tolerated.

“We need to adjust the DNA of the region,” he said.

And while Gascón said the arrest surge might not be sustained indefinitely, he also frankly said that the city will probably need to spend more money on criminal justice going forward. In other realms of the recent crackdown, such as the police sweeps of Dolores Park and other parks ticketing those drinking alcohol, Gascón said that was more of a balancing act that will involve ongoing community input and weighing concerns on both sides of the issue.

It was when we pushed for the SFPD to ease up busting people in the parks who were drinking but not causing other problems that Gascón told us that the mayor had a different opinion and had been chiding his new chief to be tougher on public drinking.

In light of several recent shootings by SFPD officers of mentally ill suspects, we asked Gascón whether he’s satisfied with how the department and its personnel handle such cases. He didn’t exactly admit any problems (saying only that “there’s always room for improvement”) but said he was concerned enough to create a task force to investigate the issue last month, headed by Deputy Chief Morris Tabak.

When we asked if we can see the report on the 90-day review, Gascón didn’t hesitate in answering yes, “the report will be public.”

 

FIRE TEN COPS?

If Gascón follows through with his promises, internal discipline — one of the worst problems facing the department — could get a dramatic overhaul. The new chief wants to clear up a serious backlog of discipline cases, possibly by reducing the penalties — but claims to be willing to take a much tougher stand on the serious problem cases.

In fact, Gascón said he wants the authority to fire cops — that power now rests entirely with the Police Commission — and said there are eight to 10 police officers on the San Francisco force who should be fired, now, for their past record of bad behavior. That would be a radical change — in the past 20 years, fewer than five officers have ever been fired for misconduct, despite the fact that the city has paid out millions in legal settlements in police-abuse cases.

Gascón also discussed controversial legislation by Sup. David Campos that would require due process before undocumented immigrant youths arrested by the SFPD are turned over to federal immigration authorities, an amendment to the sanctuary city policy that was weakened by Newsom.

Just days after arrived in town, Gascón had made comments to the San Francisco Chronicle supporting Newsom’s position and saying that under Campos’ legislation, “drug or even violent offenders could be released by judges on reduced charges in lieu of reporting them for possible deportation.”

But in the interview with us, while not backing away from his previous statement, Gascón seemed to take a more nuanced position that pointed toward the possibility of compromise. He reminded us that he’d spent time in Mesa, Ariz., tangling with a county sheriff, Joe Arpaio, who has gone far beyond any reasonable standard in trying to arrest and deport undocumented residents. He also told us that he doesn’t think the cops, by themselves, should decide who gets turned over the feds for deportation.

That alone is a significant step — and suggests that Gascón could turn out to be one of Newsom’s best hires.

————-

GASCON ON IMMIGRATION

SFBG Are you still concerned about waiting for the courts to determine a suspect’s guilt before turning him over to the feds? Gascón Yes, it’s very much a concern. And by the way, I fully understand the concerns Sup. David Campos brings to the table.

I have the benefit of being on the other side also, where you have police agencies aggressively engaged in immigration enforcement, where people that frankly were not engaged in any criminal activity other than being here without authority — which sometimes, by the way, is not criminal. In fact, depending on whose numbers you listen to, anywhere from 30 to 50 percent of people who are here without authority in this country have not committed a criminal violation; they have committed an administrative violation.

And people get deported. I have seen very young people, people that basically came to this country when they were three, four years old, they are actually staying clean, they are going to school, and they get stopped for a traffic violation at age 17 or 18, and now all of a sudden they are getting deported to a country where they really have no roots at all. I have seen that, and I’m very sensitive to that.

On the other hand, I think it’s important also to recognize that in any group, whether you were here legally or not legally, whether you were born here or not, whether you are green, red, or brown, there are people that for a variety of reasons aren’t willing to live by the social norms we all need to live by to be able to have a peaceful environment.

I think that allowing the process to go all the way to the point where a judge decides whether to allow this to continue … is probably too far down the food chain for my comfort level. On the other hand, I would not want to have police officers on the streets stopping people and trying to assess whether they are here legally or not.

So I think we need to find somewhere down the middle, that if person is arrested, there is a non-law enforcement review. And quite frankly, probably the best person would be the D.A. They determine whether they have a prosecutable case or not. If it’s prosecutable case and a predictable offense that requires reporting, then that would be a good time where a flag could go up.

SFBG But that’s not the process right now.  Gascón No, the process now is triggered by the Probation Department, which is a law enforcement entity. So I think we have a process where law enforcement is making a decision and Sup. Campos is looking at a process of adjudication.

SFBG It sounds as if you agree substantially with Sup. David Campos. Is there room for compromise? 

Gascón I’m hoping there is room for compromise, that is something we’re trying to work with.

Sarah Phelan and Rebecca Bowe contributed to this report.

Endorsements

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San Francisco is facing the worst budget crisis in modern history. More than 1,000 employees, mostly front-line workers in the Department of Public Health, have been laid off, and the red ink continues. Yet the only measure on the November ballot that would raise any money for the city is Sup. Bevan Dufty’s plan to sell off naming rights for Candlestick Park.

That’s pathetic. During the summer budget discussions, Mayor Newsom vowed to work with business, labor, and the supervisors to come up with a reasonable plan to bring in some new cash for the city. But that collapsed — largely because state law would have made it hard to raise taxes this fall without a unanimous vote of the supervisors. And while eight members were willing to put a revenue measure on the ballot, the three supervisors closest to the mayor — Sean Elsbernd, Carmen Chu, and Michela Alioto-Pier, all Newsom appointees — refused to go along. And the mayor made only a weak effort to change their minds.

So while Democrats everywhere decry Gov. Arnold Schwarzenegger’s insistence on a cuts-only budget, the Democratic mayor of San Francisco has forced essentially the same approach on this city. The only revenue increases we’re seeing are fees, like Muni fare hikes, that amount to taxes on the poor.

That’s the state of San Francisco as we head into what will almost certainly be a low-turnout election. Only two elected officials are on the ballot, and both are unopposed. Five ballot measures — several fairly significant — round out the local ballot. And with no big-name races at the top, they will win or lose on the votes of a small majority.

That’s too bad, because the issues matter. Vote Nov. 3 — and let’s hope next year’s ballot actually includes some new, progressive taxes.

OUR RECOMMENDATIONS


City Attorney

Dennis Herrera

San Francisco hasn’t always had a good track record with city attorneys. George Agnost, who ran the office in the 1970s and 1980s, was a dour, secretive, conservative lawyer who let downtown call all the shots. Louise Renne, who took over from Agnost, ran the office in the 1990s as if it was a wholly-owned subsidiary of Pacific Gas and Electric Co. Herrera, who took over in 2001, has been a major improvement. He’s turned the office into a modern operation, professionalized the administration, and taken on an activist role on consumer, environmental, and public-interest issues. He’s been a big supporter of marriage equality and of the city’s landmark health-care legislation. On his own initiative, he sued to end gender rating in health insurance and crack down on predatory payday lenders. He also moved to enforce health codes in housing and has been out front going after corrupt landlords like Skyline Realty.

We have some concerns about Herrera. Although he’s been far more sunshine-friendly than his predecessors, open-government activists are still sometimes forced to sue the city to get access to records. He won’t use his power as city attorney to enforce the Raker Act and bring public power to San Francisco. And during the current budget crisis, he cut the number of city attorney hours the supervisors can use to draft legislation.

And if, as rumored, he wants to run for mayor, Herrera needs to start taking public stands on major issues — like the unfairness of the local tax code and the need for new revenue.

But we’re happy to endorse him for another term.

Treasurer

Jose Cisneros

The incumbent treasurer is running unopposed, and we see no reason not to endorse him. He’s done some very positive things: Cisneros worked to get the big downtown law firms and other partnerships to pay their fair share of city taxes. He closed a tax loophole exploited by the big airlines that put up flight crews in local hotels.

He also convinced local banks and credit unions to accept consular identification cards to allow immigrants to open accounts and has pushed those institutions to offer "second-chance banking" to people with past credit problems. During his tenure, more than half of the 50,000 households in the city that lacked bank accounts have been able to get away from predatory check-cashing outfits and open legitimate accounts.

As an elected official, however, he could be doing a lot more. The city still keeps all its short-term accounts in one bank — Bank of America, which isn’t even local. Cisneros has promised to open that deal up to competitive bidding, but doesn’t have a timeline. And although nobody knows better than the treasurer how unfair and regressive the city’s tax codes are, he has never spoken out or offered any solutions. Cisneros says he wants his office to be apolitical, but city money is, by its nature, a political issue, and we’d like to see a little more leadership from the person who handles it. But overall, he’s a professional money manager who’s done a decent job and deserves another term.

Proposition A

Budget process

YES

We’re a little nervous about Prop. A, which would institute a two-year budget cycle for the city. Sup. Chris Daly, who opposes it, points out that the city controller’s budget projections are often wrong — badly wrong — and trying to plan 24 months ahead when economic conditions (and thus the city’s revenue stream) can change so quickly and unpredictably is a dangerous game.

But on balance, the approach in Prop. A makes sense. The budget debates would still take place every year, and the supervisors would still have to approve an annual budget — although the budget would be a rolling two-year projection. So next year, the board would approve a budget for 2010 and 2011, the following year for 2011 and 2012, and so on — leaving plenty of room for adjusting to meet economic changes. And two-year cycles might make it easier for nonprofits that rely on city funding to do some serious long-term planning.

Equally important, Prop. A requires the police and firefighters to negotiate their union contracts the same time the other unions do — before the budget deadline. The current system allows those unions to make demands that are unrelated to — and often outside — the current year’s budget realities.

Every progressive on the board except Daly supports this, and Sups. Alioto-Pier, Elsbernd and Chu oppose it.

Proposition B

Board of Supervisors aides

YES

This one’s a no-brainer. The City Charter mandates that each supervisor be allowed to hire two aides. The requirement dates back to a long-ago era when city budgets were far smaller, problems were less pressing and complex, and the supervisors worked part-time. It makes perfect sense to take such an archaic law out of the City Charter and allow the supervisors to set their own budgets — and staffing levels — the same way the mayor does. Vote yes.

Proposition C

Candlestick Park Naming Rights

NO

You have to give Sup. Bevan Dufty, the author of Prop. C, credit for trying. He’s looking for any angle he can use to help keep the 49ers in town, and allowing a corporate sponsor to pay for naming rights might possibly help cover the immense cost of substantially renovating aging Candlestick Park. And, like Prop. D (see below), this measure has a nice beneficiary: part of the money from naming rights would go to save the jobs of recreation directors, many of whom have faced budget-driven layoffs.

We agree that rec directors play a crucial role, particularly in neighborhoods with large numbers of at-risk youth. And we wish the Chamber of Commerce, Sup. Elsbernd, and other supporters of Prop. C were willing to accept some progressive tax hikes to fund those jobs.

But this isn’t a good deal. The city owns the stadium; the taxpayers financed its construction and spent 30 years paying off the bonds. But the 49ers, a private outfit owned by a very wealthy family, would get half the money from any naming deal. And the money that would come in would be radically short of what the team would need to rebuild the ‘Stick. Vote no.

Proposition D

Mid-Market special sign district

NO

Again: credit for the effort. David Addington, who owns the Warfield Theater and several other properties on mid-Market Street, accurately notes that the city’s main thoroughfare, between Fifth and Seventh streets, is rundown, ignored, and badly in need of an economic boost. He argues that allowing new digital billboards would create something of a Times Square in San Francisco, attracting tourists and turning mid-Market into a thriving theater district. Nothing else the city has done has worked — why not give this a try?

We aren’t necessarily opposed to digital billboards and we’d love to see mid-Market reinvigorated. But Prop. D would give too much authority to an unelected, unrepresentative group. It would amount to privatizing city planning and set a terrible precedent.

Under the measure, the Central Market Community Benefits District, a private group of property owners, organizations, and residents, would be authorized to approve new general advertising billboards as large as 500 square feet. The ads would have to meet city codes, but the Planning Department and supervisors would have no ability to block new installations. And the money — potentially millions of dollars a year — would go entirely to the property owners and the CBD, which would decide how to distribute it.

Yes, like Prop. C, this measure would help a worthy group: some of the new money would go to youth programs in the Tenderloin. But the process this measure describes isn’t at all democratic. The CBD board selects its own members, and the only oversight the city has is the ability of the Board of Supervisors to abolish the agency and start over.

We’re open to new ideas for central Market Street. We’re open to lights and ads and maybe even billboards. But we’re not willing to turn over zoning and public finance decisions to a private group. Vote no.

Proposition E

Advertisements on city property

YES

Proposition E, written by former Sup. Jake McGoldrick, would freeze new commercial billboards and ads on street furniture at 2008 levels and outlaw advertising on public buildings. It’s an extension of existing city policy, which seeks to limit the increasing blight of commercial ads in public space. Vote yes.

City spanks Power Exchange

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news@sfbg.com

"Power Exchange is currently closed due to unfair Fire Department restrictions," states the message on the telephone answering machine of the embattled sex club, which plans to open — and possibly reignite its battle with neighbors and city officials — as soon as this weekend, Oct. 11.

Owner Michael Powers had hoped to open Oct. 2 after being shut down for alleged Fire Code violations on Sept. 18, shortly after opening for business in its new home at 34 Mason St. in the Tenderloin. But things are taking longer than Powers expected after he failed another city inspection Oct. 1. The seemingly endless paperwork from the various city agencies and the bewildering bureaucratic process are causing Powers to lose money — and patience — with each passing weekend.

Power Exchange isn’t just a venerable sex club, it’s a popular gathering place for the transgender and BDSM communities and a hub for unfettered sexual fun of all types, drawing customers from all over the Bay Area. Yet along with its strong following, the club has garnered significant opposition that recently forced its closure.

For 13 years, business boomed at the previous location at 74 Otis St. But Powers’ landlord and business partner went into bankruptcy, so Powers tried to reopen on Gough Street. But the Brady Street Neighborhood Coalition mobilized an opposition campaign with flyers and phone calls and the lease was terminated. Powers says the closure wasn’t because of the neighbors, but because the area had undergone a zoning change, making it difficult to acquire necessary permits.

So Powers found the location at 34 Mason and claims he was told by the Planning Department that it had previously housed Crash nightclub with an assembly permit already in place, and that no conditional use permit hearings were required. As far as he knew, Power Exchange was good to go.

Then the San Francisco Chronicle starting agitating against Power Exchange, quoting opponents and linking the club’s opening to incidents at the Pink Diamond nightclub and Grand Liquor, two Tenderloin businesses plagued with violence and liquor license issues. In the Sept. 12 article, "Backlash Against Sex Club in Tenderloin," news columnist C.W. Nevius wrote, "The club’s workers just moved in, opened for business, and apparently assumed that no one would say a word. They are in for a surprise."

Yet a subsequent news article ("Sex Club’s Presence Raises Concern," Sept. 17) cited zoning administrator Lawrence Badiner from the Planning Department and Department of Public Health spokesperson Jim Soos as indicating Power Exchange was a legal use for the site. "Even though the club operates from 9 p.m. to 5 a.m., it does not need an after-hours permit or a public hearing before the Entertainment Commission, nor does it need a permit from the health department because it does not sell food or alcohol or operate whirlpool tubs," reporter Meredith May wrote, although she indicated that city officials were looking for ways to heed the concerns of some neighbors and stop the club from opening.

Powers was preparing to open when he was told that the building did not, in fact, have a permit for assembly. Fire Department spokesperson Mindy Talmage claims, "Crash never obtained a permit to operate. Nothing. So they were in there illegally."

Fire Department inspector Kathy Harold met with Powers in early August and gave him a list of improvements to acquire the proper permit. He completed all but two, and had a work order for the remaining items. Harold told Powers they could issue a conditional use permit, allowing him to open.

Powers eagerly awaited Harold’s follow-up visit on Sept. 16 when she was to issue the conditional use permit. But Harold was, unexpectedly, joined by inspector Donal Duffy from the Building Department. Instead of a conditional use permit, Powers was issued a "cease all operations" citation.

"Apparently the Building Department had an issue with Powers. They never called to say they did everything on the list. Normally we could issue them a conditional public assembly permit. However, the Building Department issued a cease operations permit, and they supercede us. We can’t overrule that," Talmage said. So the party was over before it had much of a chance to begin.

A frustrated Powers went ahead and opened Sept. 18, but city officials showed up to shut it down. He’s convinced that this is about more than a few building improvements or filing a change of use document for the appropriate permit. "It’s not about whether that building is safe. It’s safe as safe can be right now," he claims.

Tenderloin Station Police Capt. Gary Jimenez disagrees. "We want to prevent them from opening up because the location is dangerous. It’s a fire hazard, we’re not sure the sprinkler system is hooked up, and they don’t have an occupancy permit from the Fire Department. Nor will they be able to get one until they clear the building inspector violations."

Yet city officials seemed OK with the club until neighbors and the Chronicle turned up the heat.

"The feeling most residents have is that they’re already dealing with significant crime and quality of life issues. This is the last thing that they wanted to move into this largely residential neighborhood," says Daniel Hurtado, executive director of the Central Market Community Benefit District.

Patrons say the discreet club has gotten a bum rap. "Power Exchange has always had good security, a good relationship with its neighbors and customers, an open-door policy on concerns, and a sense of giving back to the community," Dori, a longtime Power Exchange patron, told us.

Powers, who ran for mayor in 2007, remains defiant: "Currently I look like I’m closed down because I’m defying the law. The reality? You’re not going to prohibit me from being open because of paperwork. If I need to file a new document, fine. Let’s move on."

But after failing to get the green light during an Oct. 1 inspection, Powers is feeling frustrated. "The Planning Department, again, is doing their hocus-pocus over their interpretation of the business. If you’re going to say we’re not restrained from going in there, what does it matter what type of business we are? If Badiner would just say we’re not prohibiting them from opening, the Fire Department will let us kick the doors open."

Devoted patrons of Power Exchange echo this frustration. "We all want a safe club and appreciate the need for inspections related to safety and expect the city to work quickly and fairly with the PE to remedy any safety issues so it may reopen for business soon for me and the whole community," Robin said.

Powers describes his "complete and utter frustration with the finger pointing of the different bureaucracies" as maddening. But the ball is rolling. When they do reopen, it remains to be seen if residents of San Francisco — known to be open-minded and accepting — will allow Powers to just settle in. For now, neighborhood groups wait with watchful eyes as Power Exchange patrons prepare to play once again.

After the peak

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news@sfbg.com

To prepare for the inevitable decline in fossil fuel production, San Francisco’s Peak Oil Preparedness Task Force (see "Running on Empty," 1/30/08) has concluded the city needs to rapidly implement the community choice aggregation and its related renewable energy projects, beef up "buy local" programs, convert unused land (including some park and golf course property) into public food gardens, and consider implementing city carbon, gas, vehicle, and fast food taxes.

The task force presented its findings, contained in a 125-page report, to the Board of Supervisors’ Government Audit and Oversight Committee on Sept. 24. It notes the city’s weak current position with respect to the economy, food security, and transportation, yet it remains to be seen how the Board of Supervisors will answer the task force’s call. Sup. Ross Mirkarimi says he will look for ways to initiate some of the short- and long-term recommendations "to legitimize its most salient parts."

San Francisco is the largest U.S. city to produce a sweeping report on the potential impacts of peak oil, a term that refers to the point of maximum oil production, after which extracting dwindling supplies gets steadily more difficult and expensive. Although there isn’t consensus on when the peak will come, the task force’s message is clear: action must be taken now. "The transition cannot be done quickly; the city faces a limited window of opportunity to begin, after which adaptation will become enormously difficult, painful, and expensive," concludes the report. Without sufficient preparation, dwindling supplies of oil and fossil fuel could have dire impacts on San Francisco’s economy, food supply, and security.

Many actions recommended by the task force focus on developing local sustainability. For example, disaster planning needs to cover peak oil phenomena. If delivery of food is delayed or reduced due to fuel shortage, food prices could soar, creating a great need for local options, particularly for low-income families. So the report recommends maximizing the amount of time San Francisco can sustain itself locally.

Specifically, implementing an aggressive "Buy Local First" program that prompts public institutions to purchase regionally produced food when possible would encourage more local food production. A fast food tax could further support this goal. Other recommendations include establishing food production education programs and conducting a comprehensive evaluation of which public lands could be converted to food production. Although the Bay Area is capable of producing enough food to sustain itself, food currently being produced is not diverse enough, and much of it is exported.

The report also warns of the social unrest that could result from improper preparation. San Francisco’s economy depends heavily on travel and visitors, with about 18 percent of city revenue coming from tourism. Escautf8g energy costs and its myriad impacts could send the economy into a prolonged downward spiral.

"With food becoming increasingly expensive, travel and the distribution of goods significantly affected, and unemployment climbing, economically vulnerable populations — including a high percentage of people of color — could experience increasing malnutrition, and some may not be able to maintain health without government intervention," the report reads.

Such future scenarios should affect today’s decisions in all realms, including transportation. Tom Radulovich, executive director of Livable Cities and an elected BART board member, said at the Sept. 24 hearing that it doesn’t make sense to fund highway expansions when future resources might not be able to support even the current number of automobiles on the roads.

In fact, he said, there is a cultural shift already underway in which people want to move away from the car-dependant suburbs and into more pedestrian-friendly urban areas, although policymakers haven’t caught up with this trend yet. While BART and Muni fight uphill battles to expand public transit service with dwindling resources, Radulovich pointed out that the Bay Area Metropolitan Transport Commission (MTC) is proposing to direct $6.4 billion toward highway expansion, despite a decline in vehicle miles traveled. Livable Cities coauthored a resolution, recently approved by the Board of Supervisors, urging the MTC to redirect these funds toward improving transit.

As oil becomes scarcer, the need to create and improve communities where people can safely get around by foot or bicycle will be paramount. Ben Lowe, a task force member specializing in transportation security, noted how important it is to look for regional solutions that go beyond individual cities. There is no magic single solution, but dealing with limited-supply and cost-prohibitive oil requires numerous small solutions as we make this transition.

The main obstacle, as Mirkarimi sees it, is that the sense of urgency is not there. Public officials need to educate the public and "to find something, key pieces of legislation, to rally around," he said. He plans to look into formal ways to keep the seven task force members involved in this process, for example, by matching them with policy experts who can facilitate creation of pertinent legislation.

The task force’s mantra for dealing with forthcoming shortages in oil is to integrate peak oil consideration into government planning and all the decisions made by the mayor and Board of Supervisors. Mirkarimi warns that it would be myopic for San Franciscans not to deliberate on the dangers and opportunities outlined in this report.

Read the report at www.sfenvironment.org/our_policies/overview.html?ssi=20.

SF vs. Frank Lembi

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news@sfbg.com

One of San Francisco’s largest and most notorious landlords and the many shell corporations under his control have been withholding money from their tenants, the banks that financed their rapid real estate acquisitions, and even San Francisco’s public treasury.

But while the banks have acted, seizing property from the delinquent borrowers, city officials have let Skyline Realty, CitiApartments, Lembi Group, and related corporations stonewall the city and pay far less property taxes than they should have owed, depriving city programs of hundreds of thousands of dollars.

The various corporations run by real estate mogul Frank E. Lembi (who has not returned our calls seeking comment) have earned a terrible reputation in San Francisco, even as they’ve expanded their rental property holdings in recent years.

An award-winning, three-part Guardian series ("The Scumlords," March 2006) documented how the companies used intimidating goons and an arsenal of nefarious tactics meant to drive out low-income tenants from rent-controlled units, prompting City Hall hearings and an ongoing lawsuit against the enterprise by the City Attorney’s Office.

Then, earlier this year, many tenants joined a class action lawsuit against the Lembi enterprises, alleging the landlords have been illegally withholding deposits from departing tenants as a routine business practice, even after admitting that the tenants were entitled to full refunds (see "CitiApartments once again accused of mistreating tenants," Politics blog, July 15).

Attorneys for the firm Seeger Salvas LLP filed the complaint, which tells several appalling stories, including that of Joy Anderson. When Anderson went to retrieve the deposit she was owed, CitiApartments employees allegedly threatened her in front of her eight-year-old son, telling her that if she wanted her money back, she should talk to a lawyer.

Yet in that lawsuit and the one filed by City Attorney Dennis Herrera, which deals with harassment of tenants and other business practices that the city contends are illegal, Lembi’s empire has refused to cooperate, employing a variety of delay tactics. The city’s lawsuit has been stuck in the discovery process for years.

A court filing by the city alleges Lembi’s enterprise has participated in "well over a year of discovery gamesmanship." New counsel for the defendants has promised to speed things up, but Herrera told us it is still an ongoing battle. "It has been incredibly hard to get documents and information in this case. He’s been stonewalling us," Herrera told the Guardian.

Seegar Salvas attorney Brian Devine said six defendants named in his complaint didn’t respond to discovery requests and were found to be in default by the judge, meaning they basically opted not to contest their culpability. Meanwhile, 75 other defendants did respond but haven’t turned over any documents to the plaintiffs, dragging out the discovery process.

"It’ll take sometime for anything to happen," Devine told us. "There’s no Matlock moment where it all comes to a head. There are a lot of procedures to go through."

And apparently the Lembi enterprises know a little something about how to use legal and bureaucratic procedures to hang onto their money for as long as possible, judging from how they’ve worked the process to avoid paying the full amount of property taxes on their holdings.

At last count, there were 13 property foreclosure lawsuits pending on Lembi properties because he couldn’t pay the loans. The banks have seized many of his properties and started selling them off. But while the banks are getting their due, the Assessor’s Office and city taxpayers seem to be getting stiffed.

Lembi has been on the radar of city officials for quite awhile, but he is still managing to avoid getting some of his recently purchased properties reassessed, according to a Guardian investigation of city records. For example, one Lembi-controlled corporation — Trophy Properties X — snatched up a Russian Hill parking garage for $4.7 million in 2007.

Under Proposition 13, that property should have been reassessed when it was purchased, but it wasn’t. The current taxable price tag on the property is still slightly more than $443,000, a gap that costs the city upwards of $50,000 a year in taxes.

In general, property is reassessed at fair market value when there is a change in ownership, increasing the taxes owed on the property. According to the California Board of Equalization, the purchase price is the basis for reassessed value in most cases, although officials can also take into account comparable sales and other factors to increase value even more.

Yet nearly three years later, this property still hasn’t been reassessed.

Assessor-Recorder Phil Ting told the Guardian the reason for the delay is because Lembi hasn’t been cooperative in providing the information needed to do a reassessment. We obtained an October 2007 letter sent out by the Assessor’s Office requesting Lembi’s limited liability corporation provide information on the acquisition of the property and statistics on the garage itself. That letter and others went unanswered.

Common sense suggests that the sale price be used to reassess the garage and be done with it. Yet Ting said he fears that using that price would result in an inaccurate reassessment, which in turn might screw up the amount of taxes the city could ultimately collect. Then again, simply waiting on the unresponsive Lembi enterprise has resulted in less taxes being collected on the parking garage last year and again this year, according to public tax records.

"We try to get it right the first time. If we don’t get it right the first time, then oftentimes it creates a lengthier appeals process and a much lengthier, more adversarial [relationship] between us and the taxpayer," Ting said. "We absolutely don’t want to reassess that property too low because of Prop. 13. You only get one chance, so you have to be high."

Ting told us that the only recourse he has with an uncooperative taxpayer like Lembi is to reassess using information from similar properties in the same area. Once this is done, the negligent taxpayer can either agree with or challenge the new market value, a move that would switch the burden to Lembi. But that wasn’t done for the Russian Hill parking garage.

"That’s the only recourse we have, meaning that we can’t fine them; we can’t subpoena them; we can’t force them to give us the information," Ting said. "By law, they’re supposed to give us the information. But there are no real enforcement powers behind it."

According to Section 480 of the Revenue and Taxation Code, the assessor does have an option and can levy a penalty if a property owner fails to file a change in ownership statement, which can be up to 10 percent of the taxes due on the newly appraised value.

Several other Lembi-controlled properties have been reassessed recently after a delay, including 19,650-square-foot apartment building down the street from the parking garage at 2238 Hyde St. Before the reassessment, the property was valued at a little over $1 million. The current value is $11.7 million, which amounts to a tax bill of more than $137,000 this year.

Lembi bought the building in December 2005, and the Assessor’s Office got in just under the wire of the four-year statue of limitations for reassessments. Last year the taxes paid on the building came to a little more than $13,000, based on its previous $1 million value.

Then there is the 31,812-square-foot apartment building on 1735 Van Ness Ave. that Lembi bought back in June 2006. According the city records, the taxes paid last year on the property were nearly $48,000 based on a market value of $3.9 million. Recently the building was reassessed with a value of $9.6 million. This year’s taxes amount to more than $114,000. Whether or not the Van Ness Avenue building is a case in which the Lembi Group also withheld information is currently being looked into by the Assessor’s Office.

Yet on the Russian Hill parking garage, Lembi is still getting away with withholding the necessary documents for an accurate reassessment — and time is running out. In a little over a year, the statue of limitations runs out and the city will no longer be able to collect anything from Lembi.

Further complicating the city’s efforts to collect is the fact that some other the properties in question have been foreclosed on.

When the Russian Hill garage and other Lembi properties went back to the banks, the Assessor’s Office looked into what could be done to collect the city’s lost revenue. Its solution: a transfer tax. But that was not an option because the bank held the main mortgage, so it wasn’t considered a change of ownership.

Even though the parking garage and other properties have slipped out of Lembi’s control, he is still responsible for the taxes on them during his period of ownership, according to Ting. But given the experiences of others who have tried to collect money from Lembi, that could be a long, expensive process.

While the Lembi enterprises may be stingy in giving the city and tenants their money, they haven’t had a problem making political campaign contributions. Taylor Lembi, grandson of Frank, gave $500 to Mayor Gavin Newsom’s reelection campaign in 2006, according to public campaign contribution records, although Newsom’s campaign offices returned the money exactly two months later (Newsom’s campaign office didn’t respond to our questions about the contributions or reason for returning it).

Skyline Properties, parent of Skyline Realty, also donated $100 to Newsom’s initial mayoral campaign in 2003, and supported Mayor Willie Brown before that. Lembi continues to be a prominent landlord, the subject of a sympathetic profile by the San Francisco Apartment Association in August 2008.

Yet with lawsuits mounting, the banks foreclosing, and the real estate market slumping, the multigenerational Lembi empire that once controlled more rental units in San Francisco than any other entity appears to be in trouble.

And lest anyone slide under its control unaware, the Lembi empire’s many enemies have organized into a group called CitiStop, supported by groups that include the San Francisco Tenants Union and Pride at Work, which argues that "nothing frightens CitiApartments more than knowledgeable tenants."

www.citistop.live.radicaldesigns.org/index.php

www.sfaa.org/aug2008/0808chapleau.html

H1N1, round two

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news@sfbg.com

The H1N1 virus has already taken a deadly toll in San Francisco, and is expected to hit young people harder than any other group this fall, San Francisco public health officials warned.

Although the virus, also known as swine flu, is reportedly no more serious than conventional strains of flu, health officials told the Guardian that the number of young patients contracting the illness could be significantly higher due to a lack of partial immunity against the strain.

"In terms of the severity of the illness, we are not seeing a difference at all between normal and H1N1 swine flu," said Susan Fernyak, director of communicable disease control and prevention at the San Francisco Department of Public Health. "Yet while a lot of people have partial immunity to seasonal influenza, most people have no immunity from this virus.

"It might not have a higher transmission rate or be any more severe, but we are predicting more illness in the community," she added.

According to Fernyak, vaccinations will soon become available for "high-risk individuals." These include pregnant women, health care workers, people between 25 and 64 with underlying chronic health disorders, and everyone between the ages of 6 months and 24 years.

In late August, the Castro District community was left in shock when 41-year-old Doug Murphy, co-owner of Moby Dick and the recently opened Blackbird bars, died after contracting the H1N1 virus.

Blackbird co-owner Shawn Vergara spent most of his working life with Murphy and shared the same birthday (Aug. 3) with his friend. He said the community was left speechless at the loss of such a prominent and important member.

"It is a tragic loss for us here at Blackbird, and we are suffering terribly from the death of our friend," Vergara said. "We thought he had a cold and had absolutely no idea how serious it was. People should be careful and just use good common sense when taking precautions from this virus."

Although people over 65 are usually the ones who require hospitalization or die from conventional strains of flu, younger people have been most affected by the H1N1 virus, local doctors said. "The difference with this virus is that people who are over 65 are underrepresented in the number of people getting sick, going to hospital, and dying," said Dr. Lisa Winston, an epidemiologist at San Francisco General Hospital.

Experts believe there might be some preexisting immunity among the older age groups, she added. Although initial data from Australia suggests people will be immune from the virus within 10 days of taking the vaccine, Winston is still concerned about the impact H1N1 will have within the community.

"Hopefully we can make the impact less if we get a lot of the vaccine and distribute it properly," Winston said. "But it could still impact a lot of areas, from schools to employment, and place a severe burden on the healthcare system.

"We are still concerned that even if we only have a small number of people having bad outcomes from the virus, there could still be a substantial number in hospitals," she said. "We know there is still some H1N1 circuutf8g and expect a peak, but we are not sure when it’s going to be. There is anxiety around it, and a lot of that is appropriate."

According to Winston, two-thirds of the people who have been hospitalized and died from H1N1 have had underlying medical conditions. Unlike with seasonal flu, those who are morbidly obese also have been highlighted as being possible high-risk patients.

Sunflower

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paulr@sfbg.com

An as-yet unnamed phenomenon involves the transformation of stylish or distinctive restaurant spaces into homier Asian spots. The most conspicuous example I can think of is the restaurant adjoining the Hotel Milano, at Fifth and Mission. At one point, about 15 years ago, it held a Michel Richard venture, Bistro M, and now it’s a Thai joint, with purple neon signage.

A more recent exhibit is the migration, or extension, of the Vietnamese restaurant Sunflower from its longtime haunt at Valencia and 16th streets to the old Baraka space on Potrero Hill. For years, Sunflower has been a perfectly decent, modestly priced, rather ordinary-looking restaurant in a stratified and hypercompetitive venue, while Baraka was a small jewel, slightly above the fray on its hillside perch. I would not have foreseen the melding of the two. But now, when you step into what was Baraka, you’ll smell lemongrass — and much as I liked Baraka in its several guises over the past six years, I like lemongrass as much. (Outside, incidentally, you’re likely to smell the garlic breath of Goat Hill Pizza across the street.)

The restaurant’s décor looks to have been (so far) little touched by the regime change and the new, golden name. The walls of the h-shaped dining room are still a throbbing red, and there is no host’s station, which means that a line of tables begins within a few feet of the front door. This is awkward for all parties concerned, and it would be worse if the staff was less attentive. But they are very attentive, and blockages are cleared quickly. Still, the tables just inside the door are not exactly choice, and if you can find your way to a table on either side of the dining room, or deeper in, you’ll probably be happier.

The menu reflects the degree to which Vietnamese cooking has come to be accepted as another variety of American comfort food. You can certainly get similar stuff for quite a bit less in the Tenderloin, where it is served in much more modest settings that remind us of how ragged things were for many Vietnamese immigrants a generation ago, at the close of the Vietnam War. And you can get far fancier — and pricier — food at the Slanted Door. Sunflower sits somewhere between these two poles; it is upscale, in a mild, neighborhood way, while remaining more or less traditional and comparatively inexpensive in its cooking.

You can get imperial rolls, you can get pho (although it’s not called that), you can get garlic noodles ($7.95), and they are excellent. You can also get spring rolls, either with shrimp or in vegetarian guise ($6.95 either way); we found the vegetarian version to be a little heavy on the tofu — big, spongy blocks of tastelessness right in the middle of things.

Better were the vegetarian pot stickers ($6.95), which had been steamed (instead of wok-seared in the Chinese style) and therefore lacked that nicely caramelized base. They were also damper overall than their Chinese counterparts, and contained tofu. But they also held a wealth of shredded cabbage and mushroom chunks and were served with a velvet-smooth peanut sauce that helped make up any flavor deficiency.

If you like imperial rolls but are hesitant about ordering deep-fried items outright, you can find them slipped into your vermicelli ($7.95), a big bowl of fine rice noodles overlaid with bean sprouts, mint, ground peanuts, nuoc nam (the ubiquitous, salty-sweet sauce), and some kind of flesh, or no flesh. The barbecued beef in a lemongrass marinade was ethereally tender and fragrant, while the imperial rolls were flawless: nicely crisped skins (with a bit of stubble) enclosing an earthy blend of minced pork and taro.

Grilled lemongrass chicken ($13.95) is generally a bulletproof favorite. Here the kitchen uses strips of boneless breast meat, and as any Thanksgiving cook knows, it’s the white breast meat that’s most in peril of drying out. Our strips were pretty dry and slightly tough, though chicken never gets really tough. Fortunately, lemongrass has powerful therapeutic, or at least distractive, effects, and nuoc nam (a saucer of which seems to be a perpetual presence on most of the tables) is a useful moisturizer.

A dish that helped put Slanted Door on the map, way back when, was shaken (or shaking) beef. Sunflower offers its own, quite worthy version, and if, at $11.95, it isn’t quite a steal, it’s pretty close. The meat (filet mignon or a similar cut, I would guess from the lean tenderness) is cubed, then wokked with garlic and chilies. It isn’t as aromatic as the lemongrass items (and can initially be overwhelmed by them if they’re served simultaneously), but once you start to taste the garlic and feel the chili heat, it becomes addictive.

And may I offer a brief huzzah in the matter of Sunflower’s rice continence: You’re asked if you want it at all, and if you do, the serving for one is about the size and shape of an inverted teacup. Brown rice ($1.75) has an appealing mottled inkiness and a nice toasty taste that reminded me, a little, of sunflower seeds.

SUNFLOWER

Dinner: Sun.–Thurs., 5-9:30 p.m.; Fri.–Sat., 5–10 p.m.

Lunch: Mon.–Fri., 11 a.m.–2:30 p.m.

288 Connecticut, SF

(415) 861-2336

www.sunflowersf.com

Beer and wine

AE/DS/MC/V

Noisy

Wheelchair accessible

Appetite: Major wine and whiskey brouhahas

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Every week, Virginia Miller of personalized itinerary service and monthly food, drink, and travel newsletter, www.theperfectspotsf.com, shares foodie news, events, and deals. View the last installment here.

appetitewineandspirits_1009.jpg

10/14 Wine & Spirits Top 100 Event at SF Design Center
Six years strong, I’ve heard that Wine & Spirits Top 100 Tasting, honoring their pick of the Top 100 Wineries of the Year from around the globe, is one of the better wine events of the year, full of tastings, food, and merriment. Yes, you can meet the winemakers while sampling their award-winning wines. Just a few wineries at this year’s event include Krug, Louis Roederer, Diamond Creek, Henschke, Shafer, Williams Selyem. Never fear, foodies, the food is equally a draw. They’ve assembled a line-up of eats from the classic (Cliff House) to the latest and greatest, like Flour+Water, RN74, Gitane, Il Cane Rosso and Showdogs. There’s even signature specialties from the likes of 4505 Meats, Candybar, Barefoot Coffee, Brix and Hog Island. Sounds way better than happy hour.
6:30-8:30pm (VIP 6pm)
General admission $95, VIP $125
The Galleria at SF Design Center
101 Henry Adams Street
www.wineandspiritsmagazine.com/top100

10/16 SF WhiskeyFest at the Marriott
Call me a lush, but knowing there will be some of the world’s finest whiskeys (and whiskies – yes, there is a difference) all under the roof of the San Francisco Marriott for Whiskeyfest makes me a bit giddy. It’s three hours of tasting bourbons, scotches, and ryes from around the globe. Distillers and experts will be pouring themselves, so you can ask questions, dialogue, and find new favorites. A charity whisky table features ultra-rare bottles (donations for tasting go to Meals on Wheels San Francisco), and bartenders, like the Bourbon & Branch crew, will be mixing special cocktails at their booths. There’s also seminars, a food buffet, and with the price of admission, a Scottish crystal glass, and a one-year subscription to Malt Advocate. If you still want more (you greedy aficianado, you), $150 VIP passes secure access one hour before everyone else arrives, plus an additional number of rare pours.
6:30-9:30pm
Regular $110, VIP $150

San Francisco Marriott
55 4th Street
800-610-MALT
www.maltadvocate.com/docs/whiskyfest/san_francisco

Living with water

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rebeccab@sfbg.com

GREEN CITY Here’s a sobering thought: By the middle of the century, the waters of the San Francisco Bay could rise up to 16 inches. By 2100, in a worst-case scenario, the water level could creep up 55 inches higher, affecting some 270,000 people and placing economic resources worth $62 billion at risk.

These projections, which are potential consequences of climate change, are outlined in San Francisco Bay: Preparing for the Next Level, a joint report issued by the San Francisco Bay Conservation and Development Commission (BCDC) and a team of Dutch research and engineering firms.

The Dutch have centuries of experience with flood mitigation. The low-lying, flood-prone territory of the Netherlands, adjacent to the North Sea, has forced Dutch engineers to become well versed in utilizing dikes, levees, and other adaptive techniques to contend with sea-level rise.

Drawing on that expertise, the San Francisco Bay study serves as a wake-up call and the beginnings of a roadmap for the Bay Area, listing 60 possible measures for addressing what appears to be an inevitable rise in sea level. Ideas range from sturdy levees, to mechanical floodwalls, to innovations such as floating houses.

"Adaptation is essential because it’s really too late to stop climate change and sea-level rise," Will Travis, executive director of BCDC, noted at a Sept. 21 symposium held to discuss the study. "If we shut down all the power plants, turn off all the lights, and park all the cars today, it’ll still continue to get warmer for at least a half a century or more."

Even with the world’s flood-mitigation experts on the case, the scenarios are daunting — and the implications are only beginning to come into focus for policymakers, planners, and the urban populations who inhabit coastal territories.

Waves in the bay could swell to about 25 percent higher on average. Intense storms are also expected to happen more often. If the sea level rose one foot, for instance, a storm-surge induced flood that used to occur roughly once a century would instead happen once a decade. The changes would be accompanied by an air-temperature increase of more than 10 degrees by 2100 — the difference between a typical summer day and a typical winter day in San Francisco.

"The reality of sea-level rise needs to be taken seriously," San Francisco Board of Supervisors President David Chiu, who delivered remarks at the symposium, told the Guardian. Chiu represents San Francisco on BCDC, one of the few bodies that can bring multiple stakeholders from throughout the region under one tent to plan for sea-level rise.

If the sea level in the San Francisco Bay rose three feet, some critical landmarks — Treasure Island, AT&T Park, and San Francisco International Airport — would end up underwater unless mitigation measures were in place.

Treasure Island, the site of one of the largest redevelopment projects currently moving forward in San Francisco, was cited in the report as a case study "for how large-scale development projects can deal with rising sea levels." Project developers are looking at artificially increasing island elevation to accommodate a three-foot rise in water level, according to Jack Sylvan, director of joint development for the city’s Office of Economic and Workforce Development.

Plans also include creating a buffer between new construction and the high-water line, and leaving open the possibility of shoring up the perimeter if it’s necessary to prevent flooding in the future, he said. "The fact that it’s an island forces us to address the issue," Sylvan told the Guardian.

In the report, proposed strategies for coping with climate change were presented along a continuum. One end emphasized fortress-like solutions that would support economic growth alone, while the opposite end featured more ecologically-oriented ideas like retreating from the waterfront and allowing nature to take its course.

The guiding philosophy from the Dutch was that the best approach would be to find a middle ground between these two extremes, and tailor solutions to each individual coastal area. "You should not only fight water," advised Bart Van Bolhuis, of the Consulate General of the Netherlands. "We want to share with you how we’ve mastered living with water."