Transportation

Congestion pricing plan headed to board this fall

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San Francisco is now one step closer to becoming the first American city to implement a congestion pricing plan as the San Francisco County Transportation Authority staff prepares to present their final study findings to the Board of Supervisors this fall.

Dubbed the San Francisco Mobility and Access Pricing Study, the investigation considered the costs and benefits of charging drivers a fee to enter or leave the most traffic-burdened areas of the city. The million-dollar study was funded through the Federal Highway Administration’s Value Pricing Pilot program.

“We’ve been looking at how we improve transportation options and conditions today and also how our city can grow in a sustainable and competitive way in the future,” SFCTA deputy director for planning Tilly Chang said Tuesday in the first in a series of public meetings.

According to the Transportation Authority, congestion pricing generally tends to “pick off people on the margin,” prompting drivers who don’t really need a car to ride the bus, walk or bike instead. If the system runs according to plan, commuters would see a 21 percent reduction in time spent on roadways and cause a 5 percent reduction in local greenhouse gas emissions.

“We also want to solve very real and current congestion problems, particularly for our surface transportation,” Chang said. “Our buses are operating on our city streets at rather low speeds.”

What’s more, the system is projected to bolster city revenue by more than $60 million annually. Zabe Bent, SFCTA principal transportation planner, said that extra revenue would be a necessity considering the enormous boom predicted for the city.

“Over the next 20 years, the region expects to add 150,000 residents and 230,000 more jobs,” Bent said. “This is essentially the population of Santa Rosa and all the jobs in Oakland today. So that’s pretty significant growth by 2030.”

Congestion pricing, Bent said, is an option that will both remedy the population increase and lighten the load of an underfunded public transportation system.

“We need to have solutions that are both managing demand and also generating revenue so that we can fund much needed improvement projects,” Bent said. “Some of that, we want to spend on capital improvements that could be provided up front or over the course of the program as well as Muni operating improvements on an annual basis.”

The toll zone has yet to be determined and the exact amount to charge drivers remains subject to change. Bent said that the model evaluated fees between 50 cents and $5. “A $3 fee in peak periods seems like the most viable option,” she said. “We’ve found that cost to be the most balanced. It encourages a substantial number of people to reduce congestion but yet doesn’t overwhelm the system.”

The most likely candidate for paid use is the area east of Laguna and Guerrero streets and north of 18th Street, a section the group is calling the Northeast cordon. A similar program was implemented in London more than five years ago, with drivers subject to fees upon entering central parts of the city. Stockholm, Singapore, and Rome also have congestion charges in place. Most recently, the city of New York supported charging drivers $8 upon entering the highly congested streets of Manhattan. However, the fledgling plan died after reaching the State Assembly last year.

Although the program was modeled after pricing plans in other countries, transportation officials said that the plan intends to account for the uniqueness of San Francisco, perhaps even using current electronic collection technology such as FasTrak.

“We want to preserve the urban design of the city,” Bent said. “We’ve heard ideas of mounting camera-based detectors on our existing mast arms or, potentially, new signs on the streets. Essentially, it would look very much like a red light running camera.”

The Transportation Authority held two informational meetings this week and has plans for two lunchtime webinars in August. Transportation officials said that the meetings were arranged with public feedback in mind, with each session containing an electronic polling segment and ample time for dissenters to ask questions.

To ease the minds of skeptics, Chang was careful to note that the congestion pricing plan would not be approved or finalized immediately.

“By no means would we be looking at doing anything tomorrow,” Chang said. “We understand that now is not any time to be adding to existing burdens and costs, but what we are trying to do is anticipate the city’s growth and development needs.”

Despite the lengthy timeline, the plan has come under attack by business owners and regional commuters. Hut Landon, executive director of San Francisco Locally Owned Merchants Alliance, worried that a $3 fee might deter customers from visiting shops within the cordon, thereby slashing profit.

“Any policy that will have a negative affect on businesses is misguided,” he said. “Local businesses are revenue and job generators and doing something that gives people less incentive to shop in certain areas is, I would argue, bad for San Francisco.”

Cab drivers sue over medallion sales

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Five cab drivers have filed a lawsuit against the San Francisco Municipal Transportation Agency, arguing that the agency’s sale of taxi permits should legally be considered a tax and that the agency’s so-called Taxi Medallion Sales Pilot Program is invalid without the approval of two-thirds of the voters.

The pilot program was put in place in part to help close the city’s $483 million dollar deficit.

San Francisco taxi drivers need permits, called medallions, to place a vehicle in operation as a cab. Medallion owners can lease the permits to other drivers when they’re not in the car. But it isn’t that easy to get a medallion; only a limited number are available.

Before the Pilot Program was initiated on February 26, taxi drivers who met eligibility requirements to receive a medallion (including a full-time driving requirement) had to put their names on a waiting list. The mediallions cost nothing but a modest processing fee — but the average wait time was 15 years and there were 3,200 names on the waiting list before MTA closed it in December of last year.

The pilot program changes who gets priority in receiving a medallion. Essentially, the city’s going to begin selling them off — not necessarily to the people on the top of the list but to people who can afford the set price of  $250,000. As many as 60 medallions will be sold, with 20 percent of the revenuegoing to the city, 15 percent to the MTA and five percent to a fund for driver welfare.

Drivers at the top of the list will get first shot at coming up with a down payment of $12,500, but if they don’t have the cash, others will get a chance.

 The lawsuit, Willaim D. Pallas vs. SFMTA and City and County of San Francisco, states that the pilot program should be abolished on the grounds that the revenue from medallion sales far exceeds the operating costs of the program – and is thus considered a tax – and that this “tax” should have been approved by voters before the program was even implemented.

 “The persons with money, which aren’t most cab drivers, will dominate the cab industry if this program continues,” plaintiff attorney George Surmaitis told the Guardian, “And the people who have put in the work and sweat to obtain a better life will just stay where they are on the waiting list.”

 Deputy City Attorney Wayne Snodgrass didn’t return calls by press time.

According to the MTA pilot program proposal document, the program has its benefits of allowing its drivers who are 70 years or older to retire and sell their medallions, thus increasing public safety.

 Surmaitis isn’t convinced. “It’s a response to the budget cuts and it’s an attempt to raise money very quickly without considering the impact on individuals,” he said.

 The pilot program impacts individuals such as plaintiff Gerson Garcia, who has been a cab driver for 19 years and has been on the wait list for more than 10 years. “We’ve been waiting for like 10 to 15 years to follow the system they have implemented and now they want to change it because the city needs money,” Garcia told us, “I used to be the manager of taxi dispatch at the San Francisco Airport. I gave up that job in 2008 and became a full-time taxi driver because I wanted to qualify for the medallion.”

 The other four plaintiffs in the lawsuit have been taxi drivers for 16 to 29 years and have been on the wait list an average of 13 years, with most of them turning down other job opportunities and hoping that the extra income from receiving a medallion would help them in retirement. None of these taxi drivers can afford to pay for a medallion and years of waiting will come to naught if the Pilot Program continues.

 The city filed its answer to the lawsuit on July 21, denying the allegations. The plaintiffs in the case plan to have a writ asking the court to put a halt on the sale of medallions sometime before medallion sales are scheduled to start on August 3.

Alerts

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alert@sfbg.com

WEDNESDAY, JULY 28

Congestion pricing revealed


The San Francisco Municipal Transportation Authority will present findings from its federally-funded "Mobility, Access, and Pricing Study" of how best to deal with traffic congestion and create a sustainable transportation infrastructure. The study includes details on using congestion pricing fees to deter driving downtown at peak times and fund alternative ways of getting around.

5:30 p.m., free

SFCTA Hearing Room, 26th Floor

100 Van Ness, SF

www.sfmobility.org

Vision California


Vision California representatives will discuss a new effort to explore the critical role of land use and transportation investments in meeting the environmental and fiscal challenges facing California in coming decades.

5:30 p.m., $21

AIA East Bay Chapter

1405 Clay, Oakl.

(510) 464-3600

FRIDAY, JULY 30

Hotel Voices


This theater project is written and performed by single room occupancy (SRO) hotel residents. POOR Magazine writers Tony Robles and Tiny collaborated with hotel residents on a 20-week writing, performance, and script-development workshop that led to Hotel Voices.

7 p.m., $10

The Redstone Building

2940 16th St., SF

(415) 863-6306

www.poormagazine.org

SATURDAY, JULY 31

Relay for Life


Celebrate the lives and struggles of former and current cancer patients, as well as their caretakers, those who have lost loved ones, and the families, businesses, and civic organizations affected by their illnesses.. Fight back by volunteering, joining a relay team, or donating to this 24-hour fundraiser and awareness building event. Featuring live music and food.

10 a.m.–10 a.m., July 31–Aug. 1, donations encouraged

Little Marina Green

Marina at Baker, SF

www.relayforlife.org/sanfranciscoembarcaderoca

Release the activists


Help raise awareness for Bay Area activists Sarah Shourd, Shane Bauer, and Josh Fatta, who are being unjustly detained in Iran after accidentally crossing the border from Iraq while hiking. Bring your instruments, bands, dancing shoes, and poetry for a rally and open mic in Dolores Park following a march from 16th and Mission streets.

Noon, free

Meet at 16th St. and Mission, SF

www.freethehikers.org

Sidewalks Are For People


Celebrate San Francisco’s public spaces by taking part in an all-day sidewalk dedicated to reclaiming SF’s unique culture and history of tolerance and compassion. Throw your own event or participate in one of the many sidewalk parties happening all over the city. All events culminate in an end-of-the-day party, location TBA.

All day, free

Everywhere in San Francisco

www.sidewalksareforpeople.org

TUESDAY, AUG. 3

Green Generations

Network at this fundraiser for SF Nature Education, Pie Ranch Youth Advocacy, and Exploring New Horizons Outdoor School, three nonprofits that provide environmental education to underserved children. The event features DJs, appetizers, drink tastings, and other surprises.

5:30 p.m., $15

111 Minna Gallery

111 Minna, SF

www.greendrinks.org 2

Mail items for Alerts to the Guardian Building, 135 Mississippi St., SF, CA 94107; fax to (415) 437-3658; or e-mail alert@sfbg.com. Please include a contact telephone number. Items must be received at least one week prior to the publication date.

City Hall standoff

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steve@sfbg.com

Backroom politics, vote-trading, threats, and tricky legislative maneuvering marked — some would say marred — the approval of the city’s 2010-11 budget and a package of fall ballot measures.

For weeks, Mayor Gavin Newsom had been threatening to simply not spend the roughly $42 million in budgetary add-backs the supervisors had approved July 1, mostly for public health and social services, unless they agreed to withdraw unrelated November ballot measures that Newsom opposes (see "Bad faith," July 14).

The board’s July 20 meeting included a flurry of last-minute maneuvers interrupted by an hours-long recess during which Newsom, Board President David Chiu, and their representatives negotiated a deal that was bristled at by progressive supervisors and fiscal conservative Sup. Sean Elsbernd.

Ideological opposites Elsbernd and Sup. Chris Daly voted against motions to delay consideration of several measures — including splitting appointments to the Rent, Recreation and Park, and Municipal Transportation Authority boards; revenue measures; and requiring police foot patrols — until after approval of the city budget.

"What is the connection between [seismic retrofit] bonds and the budget?" Elsbernd asked as Budget Committee chair John Avalos made the motion to delay consideration of the $46 million general obligation bond Newsom proposed for the November ballot.

Avalos made an oblique reference to "other meetings" that were happening down the hall. Daly then criticized the maneuver, noting that "vote trading is illegal," later citing a 2006 City Attorney’s Office memo stating that supervisors may not condition their votes on unrelated items.

But that didn’t stop supervisors from engaging in a complex, private dance with the Mayor’s Office and other constituencies that day. In the end, the board approved the budget on a 10-1 vote, with Daly in dissent. Then Chiu provided the swing vote to kill the progressive proposal to split with the mayor appointments to the Recreation and Park Commission, with Sups. Daly, Avalos, Ross Mirkarimi, David Campos, and Eric Mar on the losing end of a 5-6 vote to place the measure on the fall ballot.

A measure to split appointments to the Rent Board was defeated on a 10-1 vote, with Daly dissenting, although that seems to be tactical concession by progressives. Campos, who sponsored the measure, said landlord groups were threatening an aggressive campaign against the measure that would also seek to tarnish progressive supervisorial candidates.

Removal of an MTA reform measure from the ballot, another mayoral demand, was also likely at the July 27 meeting (held after Guardian press time). Chiu told his colleagues July 20 that he was still negotiating with the mayor on implementing some of its provisions without going to the ballot this year.

Chiu rejected the notion that he cut an inappropriate budget deal, saying he was concerned the split appointment measures would be portrayed as a board power grab, noting that community groups need the funding that Newsom was threatening to withhold, and saying the board’s threats not to fund Newsom’s Project Homeless Connect facility and Kids2College Savings program were also factors in the deal.

"We were engaged with a number of conversations, they all took time, and we didn’t finish until very late," Chiu told us.

Even Daly acknowledged supervisors had few options to counter Newsom’s threats, but told us, "It’s just not the way we should be doing things."

The decision on three revenue measures (a parking tax increase, property transfer tax, and business tax reform) was set for July 27, with sources telling the Guardian that only one or perhaps two would make it onto the ballot. Newsom opposes all of them. Also hanging in the balance was Mirkarimi’s ballot measure requiring police to do more foot patrols, as well as another version in which Chiu added a provision that would invalidate the Newsom-backed ordinance banning sitting or lying on sidewalks, a retaliation for Newsom inserting a similar poison pill in his hotel tax loophole measure that would invalidate the hotel tax increase that labor put on the ballot if it gets more votes.

But most of the action was on July 20. The Transportation Authority (comprised of all 11 supervisors) voted 8-3 (with Chiu, Avalos, and Mar opposed) to place a $10 local vehicle license fee surcharge on the ballot, which would raise about $5 million a year for Muni. A Daly-proposed ballot measure to create an affordable housing fund and plan failed on 4-7 vote, with only Campos, Mar, and Chiu joining Daly.

There were some progressive victories as well. A charter amendment by Mirkarimi to allow voters to register on election day was approved 9-2, with Elsbernd and Alioto-Pier in dissent. A Chiu-proposed measure to allow non-citizens to vote in school board elections was approved 9-2, with Elsbernd and Carmen Chu voting no. And a Daly-proposed charter amendment to require the mayor to engage in public policy discussions with the board once a month was approved 6-5, opposed by Dufty, Alioto-Pier, Elsbernd, Maxwell, and Chu.

But the busy day left some progressives feeling unsettled. "How do you do this and not be trading votes?" Campos told us. "In the end, we’re saving programs, but what does it say about the institution of the board?"

Newsom spokesperson Tony Winnicker denied that the mayor made inappropriate threats, but confirmed that a deal was cut and told us, "Yes, the Mayor made his concerns about the budget clear. Yes, the mayor made his concerns about the charter amendments clear."

The mayor’s horrible deal

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EDITORIAL Mayor Gavin Newsom put the supervisors in a terrible position — and showed the worst kind of political arrogance — when he held $43 million worth of critical services hostage to his desire to continue packing commissions with political hacks. The deal he presented to the board was shameful, and the supervisors should have rejected it. And now they should pass legislation to make this sort of logrolling illegal.

The mayor’s original budget plan included sharp cuts to a wide range of services. The supervisors’ Budget Committee found a way to add back more than $40 million in funding for things like psychiatric beds at SF General Hospital, violence-prevention programs, and public financing for the next mayor’s race.

But under the City Charter, the mayor can simply refuse to spend that money — and that’s what Newsom said he would do. That is, unless the board would agree to reject two proposed charter amendments to reform the Municipal Transportation Agency and the Recreation and Park Commission.

Let’s remember: the MTA and Rec-Park measures have nothing to do with the budget. The board wanted to overhaul those departments (and give the board some appointments) because they’re a mess; the Rec-Park Commission, appointed entirely by the mayor, is a rubber-stamp agency that votes with nearly 100 percent unanimity on every issue. The MTA has served as a slush fund for the police department at a time when bus lines are cut and fares keep going up.

Newsom told board members that he could, indeed, restore the funding they wanted; the money was there. But he wouldn’t. In other words, he would allow desperately ill people to be turned away from SF General for lack of a bed — if the board didn’t stand down on its reforms. And by a 6-5 margin, with Board President David Chiu providing the critical vote for the mayor’s agenda, the board went along with the deal.

Even worse: Chiu and his colleagues gave up their charter amendments. But the mayor didn’t give up his: a Newsom measure that would prevent elected officials (like Chiu) from serving on the Democratic County Central Committee is still on the ballot.

Five of the progressives on the board hung tough, and Sups. John Avalos, David Campos, Chris Daly, Eric Mar, and Ross Mirkarimi deserve credit for refusing to accept a bad, embarrassing deal.

But in the end, the board got rolled. The mayor played tough and a majority of the supervisors folded. If a supervisor proposes trading one piece of legislation for another, it would violate state law. That doesn’t apply to the mayor — but it should. The board should immediately pass legislation outlawing vote trading for all local elected officials, including the chief executive. Let’s see if Newsom wants to veto that.

The mayor’s horrible deal

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The Supervisors should pass legislation outlawing vote trading for all local elected officials, including Newsom

EDITORIAL Mayor Gavin Newsom put the supervisors in a terrible position — and showed the worst kind of political arrogance — when he held $43 million worth of critical services hostage to his desire to continue packing commissions with political hacks. The deal he presented to the board was shameful, and the supervisors should have rejected it. And now they should pass legislation to make this sort of logrolling illegal.

The mayor’s original budget plan included sharp cuts to a wide range of services. The supervisors’ Budget Committee found a way to add back more than $40 million in funding for things like psychiatric beds at SF General Hospital, violence-prevention programs, and public financing for the next mayor’s race.

But under the City Charter, the mayor can simply refuse to spend that money — and that’s what Newsom said he would do. That is, unless the board would agree to reject two proposed charter amendments to reform the Municipal Transportation Agency and the Recreation and Park Commission.

Let’s remember: the MTA and Rec-Park measures have nothing to do with the budget. The board wanted to overhaul those departments (and give the board some appointments) because they’re a mess; the Rec-Park Commission, appointed entirely by the mayor, is a rubber-stamp agency that votes with nearly 100 percent unanimity on every issue. The MTA has served as a slush fund for the police department at a time when bus lines are cut and fares keep going up.

Newsom told board members that he could, indeed, restore the funding they wanted; the money was there. But he wouldn’t. In other words, he would allow desperately ill people to be turned away from SF General for lack of a bed — if the board didn’t stand down on its reforms. And by a 6-5 margin, with Board President David Chiu providing the critical vote for the mayor’s agenda, the board went along with the deal.

Even worse: Chiu and his colleagues gave up their charter amendments. But the mayor didn’t give up his: a Newsom measure that would prevent elected officials (like Chiu) from serving on the Democratic County Central Committee is still on the ballot.

Five of the progressives on the board hung tough, and Sups. John Avalos, David Campos, Chris Daly, Eric Mar, and Ross Mirkarimi deserve credit for refusing to accept a bad, embarrassing deal.

But in the end, the board got rolled. The mayor played tough and a majority of the supervisors folded. If a supervisor proposes trading one piece of legislation for another, it would violate state law. That doesn’t apply to the mayor — but it should. The board should immediately pass legislation outlawing vote trading for all local elected officials, including the chief executive. Let’s see if Newsom wants to veto that.

The bridge isn’t the only problem with Lennar’s plan

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I’m glad to see the New York Times circle back to the Candlestick-Shipyard development with an article that was a tad more critical than their previous piece.

But while I enjoyed NYT’s joke about how the proposed bridge over the Yosemite Slough “has become a 950-foot-long chicken bone that keeps getting stuck in San Francisco politicians’ throats,”  I’m afraid the Board is in greater danger of choking on the bones of red herrings that they have been fed about this project,  along with last week’s bombshell that the Board won’t be able to amend Lennar’s plan, after all, when it votes July 27 on this massive proposal..

D. 10 candidate Tony Kelly says if that bombshell turns out to be true, it’ll be another example of what he calls, “The bait and switch and switch,” on the deal.

“I’m worried that the Board is getting advice that is less about a case of not being able to vote, and more a case of, if you vote, you could open up the city to liability,” Kelly said.

“Back in 2008, folks were told, just vote for Prop. G because it’s just a concept and we’ll have a robust conversation about the plan itself, but they’ve been running away from that promise ever since,” Kelly explained. “And during the EIR hearings, we were told that folks were simply approving the environmental impact report, not the plan itself.”

Kelly’s critiques of Lennar’s plan and the process by which it has been winning final approvals helped him win former Board President Matt Gonzalez’s endorsement last week in the pivotal race to replace termed-out D. 10 Sup. Sophie Maxwell.

But Kelly worries about the fallout that the next D. 10 supervisor will be left to mop up, if the Board goes ahead and approves Lennar’s plan, as is.
 
“What I’d dread to see happen is that this plan get bullied through on an up and down vote, and then a fifth, or even a tenth of people’s concerns prove to be true, and the next D. 10 supervisor spends the next 4-8 years apologizing to the people of the Bayview, because they won’t be able to do anything else for the area, and this plan keeps lumbering along and doesn’t even work,” Kelly explained.

He says he wants to know who can amend the plan, if it’s not the Board and when.

“ My concern is that after the July 27 vote, the city and Lennar will never have to come before the Board again,” Kelly said, pointing to the uncritical endorsement of the project EIR that the Planning and Redevelopment Commissions, the lead agencies on the plan, made June 3, and who would likely be tasked with any additional studies and findings.

Sup. Ross Mirkarimi confirmed today that the Board has been told that it has limited reach because of Redevelopment law, which supercedes municipal law.”
“But, nonetheless, I’m going to try to make some amendments,” Mirkarimi said.

He noted that the five amendments that Board President David Chiu introduced July 12 during a Land Use Committee hearing were “very benign.”

‘They mostly restated what was already in the project agreement or project EIR,” Mirkarimi said. “So, they don’t amend much, because they are statements of what has already been evaluated or pre-agreed to by Lennar and the city. And they are very benign because they do not require any changes to the plan.”

Mirkarimi observes that the current process by which the city is trying to push this deal through is designed to lock the Board out.

“There are larger questions in play here about our relationship with the Redevelopment Agency and redevelopment law,” Mirkarimi continued. He notes that San Francisco is one of only a few counties in California where the Board is not the same entity as the Redevelopment Agency.

“It’s long overdue that we return to the idea of having the Board have authority over the Redevelopment Agency, it’s been a problem for 40 years,” Mirkarimi said,  referring to Redevelopment’s disastrous handling of the Fillmore, which resulted in the massive and mostly permanent displacement of the Western Addition’s African American community—a negative consequence that many fear will be repeated by the plan for Candlestick-Hunters Point.

“There is a real capitalization on a starving population which is desirous of and at times desperate for positive changes and for jobs and housing, which is understandable,” Mirkarimi continued. “But absent of any alternative, it’s logical that this plan would move forward.”

In an effort to improve the plan, Mirkarimi says he will try to introduce a range of amendments at the Board’s July 27 meeting.

‘These include an attempt to make sure that whatever changes the Board makes are indeed enforceable,” he said. “And I am not satisfied with the discussion on the bridge, and how the gate has been left open on a bridge of any kind.”

Mirkarimi notes that there has been a lot of fanfare surrounding a community benefits agreement that various community-based organizations, labor and the project proponents entered into, in spring 2008.

“But I think they can do better, especially in reaching out to a community that has a high ex-offender population, and connecting to other disadvantaged communities throughout the city,” Mirkarimi said.

He also wants to ensure that if public power is not implemented, or fails, then Community Choice Aggregation program would automaticcally take over.

Mirkarimi is further concerned that there is nothing in the current plan that defines the percentages of housing units offered for rental and for home ownership.

“We are proposing to build 10,500 units but we have no idea what percentage is rental,” he said, noting that he also has concerns about air quality, air monitoring and parcels of land that have not yet been cleaned up to residential standards.

“Parcel E-2 is the most famous, but it’s not the only one,” he said. “The bridge and Parcel  E-2 have become major distractions in that they have sucked the oxygen out of other areas of these gargantuan project.”

So, is it true that elected officials on the Board can’t amend a plan sent to them by the Redevelopment Agency, whose commissioners are all political appointees of the mayor?

“It’s a yes or no vote, if you will,” a deputy City Attorney told the Guardian, on background, noting that the Board could tell Redevelopment that it doesn’t like the plan and wants the Agency to make some changes and bring it some amendments.

“Ultimately, the Board has the final say, but it has to have gone through the Redevelopment process and its PAC (project area committee) and have seen a plan that has been referred to it by the Planning Commission,” the deputy city attorney continued.“So, they could communicate their dissatisfaction and the agency would have to take their view into account. It’s not that the Board has no authority, but it can’t decide unilaterally.”

The City Attorney’s Office also confirmed that under Redevelopment Law, local jurisdictions can decide how to implement redevelopment plans.

“In a number of jurisdictions, the city council has made itself a Redevelopment entity, just as our Board is also the Transportation Authority in San Francisco,” the deputy said.“And if the same body proposes the plan, it probably will be satisfied.”

The City Attorney’s office noted that if agencies that regulate permits to fill the Bay, as is  required to build a bridge over Yosemite Slough, deny the city those permits, then the city would require amendments to its planning documents, but no further environmental impact review would be required, if the bridge was gone.

With the Board’s July 27 vote around the corner, D. 10 candidate Tony Kelly says he has a bunch of concerns that include, but are not limited to the bridge, starting with the projects financing mechanisms.

Kelly points to the fact that city staff recommended and the Board approved July 13 that “significant blight in the project area cannot be eliminated without the increase in the amount of bonded indebtedness from $221 million to $900 million and the increase in the limitation on the number of dollars to be allocated to the Agency from $881 million to $4.2 billion.”
 

Kelly wants the city to explain to the Board how much tax increment financing money will be left for the Bayview, now that the area’s debt ceiling has been tripled.

“Does this mean that all BVHP property tax revenues for the next 30 years will go towards paying down this debt and nothing else?” Kelly asked. “And what will that mean for the rest of BVHP in terms of service and programs it won’t be able to afford?

Kelly would also like to see the Board request an audit of Lennar’s record on Parcel A. As Kelly points out, the Navy conveyed Parcel to the city in 2004, and the city gave Lennar the green light to develop 1,600 mostly luxury condos on that parcel, in 2006.

“But no one has ever done an audit of Parcel A,” Kelly said. “Given the scrutiny that the Board usually brings to five figure numbers, the supervisors should be demanding this information, since we are dealing with a ten-figure number ($4,220,000,000) in future.”

It would be helpful if the City would also brief the Board as to who it believes will be investing in the project,  including the investment companies’ names,  their board of directors, and whether these companies are based in the US. Rumors are swirling that some project proponents have entered into side-deals that involve limited liability companies that are selling Lennar’s proposed condos to folks in China, and that a $1 million investment in a condo could translate into a work permit for the condo owner or occupant.

Kelly worries that the city and Lennar’s joint redevelopment plan is being allowed to squeak past the Board’s financial review simply on the basis of vague estimates.
“They rely once again on promises that won’t show up,” Kelly said, pointing to a recent report that emerged from the Controller’s Office.

Arc Ecology’s Saul Bloom notes that the Controller used averaged figures in that report, an approach that neatly obscures the fact that many of the project’s alleged and benefits– will not be created or felt for years. Bloom for his part is hoping the Board can introduce a maritime uses amendment. This would allow relatively unskilled jobs to be created at the shipyard in short order, compared to vague promises of  building a green tech office park there, some day.

Last week, Mayor Gavin Newsom’s top economic advisor Michael Cohen suggested that plan amendments would delay project construction.

But Cohen was quick to add that, “702 acres of waterfront land in San Francisco is an irreplaceable asset. It’s not a question of if—but when—it gets developed.”

Others are less sure that Cohen’s much promoted vision will ever translate into reality.

So, here’s hoping the Board will grill Cohen and city staff over the financial details, including the internal rate of return (IRR) that Lennar is demanding, and what will happen to promised community benefits, if the IRR doesn’t pencil out. D. 10 candidates DeWitt Lacy, Chris Jackson and Tony Kelly have suggested that some form of liquidated damages  are needed, but if the City believes these are unnecessary, it should explain why.

And then there are questions about the impact on air quality of the traffic related to an additional 24,500 residents and 10,000 workers into the city’s southeast.

Personally, I was fascinated by an April 2010 report from the Redevelopment Agency in which the agency discussed the challenges of driving piles through contaminated soil, which is what could happen if a bridge is built over the Yosemite Slough. In the past, the city made the argument that the NFL and the 49ers were requiring this bridge.

But last week, in the wake of Santa Clara’s vote in favor of a new stadium for the 49ers near Great America, the city began arguing that the bridge would make the project more attractive to financers, because employers want to get their employees quickly in and out.

This was the first time I ever heard city staff make that particular argument and they made it when it’s still not clear who these employers even are.

 So, let’s flesh out the list of potential employers, so the Board can determine if design decisions are being made in the interest of the local community or out-of-state businesses.

And then there’s the fact that it appears that this proposed $100 million bridge would only save commuters a few minutes, while permanently filling the San Francisco Bay.

Today, the Sierra Club, the Golden Gate Audobon Society, the California Native Plant Society and San Francisco Tomorrow released a report that asserts that the Candlestick Point-Hunters Point Shipyard EIR “misrepresents the need for a bridge.”

“A statistical review demonstrates that a route around Yosemite Slough could be as efficient as a bridge route while being better for the environment,” stated a letter that the Sierra Club-led environmental coalition released today. “It’s time for the Board of Supervisors to reject the bridge alternative and insist that the feasible upland route around Yosemite Slough be seriously considered.”

The letter argues that a regression model result found in the Transportation Study Appendix F of the Candlestick Point-Hunters Point Phase 11 EIR provides “no statistically significant evidence to support the claim that a 5 minute increase in transit travel time would lead to a 15 percent decrease in transit ridership, or, indeed, to any decrease in ridership.”

“Therefore, routing the BRT around Yosemite Slough is as consistent with a transit-first redevelopment goal as a bridge alternative, but without the environmental damage wrought by the bridge,” the Sierra Club-led report states in summary. “The results of the regression analysis used in the EIR and relied upon to support the bridge alternative have been misinterpreted in such a way that even if they were statistically significant they are off by a factor of ten: the decrease in transit ridership associated with 5 extra minutes of transit time would be predicted to be approximately 1.5 percent, not 15 percent,” it concludes.

“When the analysis [presented in the Sierra Club’s letter] is combined with previous analyses by LSA Associates (which estimate the increase in travel time would be approximately 2 minutes, rather than the 5 minutes in the final EIR) and other available information, one must reach the conclusion that the FEIR misrepresents the effect on travel time and ridership that would result from a route around Yosemite Slough. Overall, it poses further questions about the need for a bridge over San Francisco’s largest wetland restoration project.”

The Sierra Club-led report lands two weeks after Board President David Chiu introduced his July 12 package of amendments which seeks to narrow the bridge, not eliminate it, and require the Board to hold hearings before the Navy transfers Parcel E-2 to the city.

It’s a good idea for the Board to require hearings before E-2 is transferred to the city. But does this mean the Board will be able to direct the Navy, when it’s time to decide whether to cap or excavate the contamination in that parcel? The answer appears to be no. All the Board can do is to reject the Navy’s proposed solution.

But how would this work? What would happen then? And Parcel E-2 isn’t the only parcel on the shipyard where seriously nasty stuff has been found and is still be cleaned up.

The good news is that at this point, the project still doesn’t belong to the Board.

The bad news is that, as of tomorrow, it could belong to them, if the supervisors opt to approve Lennar’s plan with a simple up-down vote. And given the rush and the political pressure that the process has been subjected to since 2006, it’s almost certain that some scandal will engulf the project, some time in the future. And this Board of Supervisors’ names will be on it. Even if nothing ever gets built at the shipyard.

“How can the city say nothing will be built for years, because we have promised so much, when they say out of the other side of their mouth, that the only way that we can make these promises to the community, is if the community supports the plan?” Kelly asks. “On what planet do we think this makes sense? I think we are moving out of the solar system with every passing week.”

There’s no crime in members of the Board admitting tomorrow that they have not read the entire plan and don’t understand all the details. As the folks in Alameda humbly admitted last week, when they kicked out developer SunCal, it took them years to understand what was being proposed—including the fact that the project might leave their city in the hole, financially.

But it would be a crime for the San Francisco Board of Supervisors to vote yes on this massive proposal without first having done that homework. Yes, I’ve heard supervisors say in the past they are deferring to Sup. Maxwell, since the project lies in her district. But Maxwell is termed out, and the project will impact all of the city, especially in terms of its ethnic and economic diversity, in future. So, as we’ve said, buyer beware!

 

Newsom’s extortion

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The mayor really wanted the supervisors to get rid of two reform measures that would have shifted to the board some of the appointments to the Recreation and Park Commission and Municipal Transportation Agency. The landlords really wanted the board to scrap a plan to reform the Rent Board. And both got exactly what they wanted.


I agree that the budget has some good news, that Newsom has agreed to fund more than $40 million worth of necessary services that he initially wanted to cut. But the price was high: The supervisors had to go along with Newsom’s attempt to undermine structural reforms at two city agencies. The mayor essentially held the board hostage: If he didn’t get his way on issues totally unrelated to the budget, then he’d refuse to pay for a long list of things that the supes wanted. (And these weren’t pet projects of board members; we’re talking about life-saving essential services. The mayor in effect said that he’d allow desperately sick people to die on the streets for lack of a bed at SF General if the board tried to take away his ability to pack Rec-Park and MTA with his favorite political hacks. Sweet guy, huh?)


Is balanced representation on two important city agencies worth the price of $43 million in cuts to essential programs? That’s a nasty question, and the mayor put the board in a very bad position. In the end, the supes could have stood up to his extortion, and didn’t.


Meanwhile, the landlords threatened to spend millions to defeat a measure reforming the Rent Board — and then they threatened to also pour money in to supporting Public Defender Jeff Adachi’s pension measure, which labor is really nervous about. And there was always the implied threat that landlord money would go into the district supervisor races. So progressives decided that they couldn’t win that battle and the rent board measure died


And, of course, Newsom’s sit-lie law and his plan to kick members of the Board of Supervisors (but not himself) off the Democratic County Central Committee are both still on the ballot. He didn’t give up a thing.


So the landlords and the mayor won this round, but the supes can still fight back. What Newsom did was unconscionable; it’s not as if he was negotiating a tax hike measure against cuts, or a measure that would have mandated new spending against reductions somewhere else. He took two items that had nothing to do with finance and made them bargaining chips in the budget discussions.  If the supervisors did that, they’d be violating state law, which forbids vote trading.


So what San Francisco needs now is a law that bars the chief executive from vote-trading, too. Let’s get that introduced and approved — and see if Newsom wants to veto it.

The tax poll is seriously messed up

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Chuck Nevius, who doesn’t seem to like any taxes, weighed in this morning on a poll paid for by the city’s Transportation Authority that, the way Nevius puts it, “[cast] doubt on whether it would be wise to put some tax issues on the ballot in November.” His analysis of the numbers:


[W]hen it comes to the hotel, parking, business and real estate transfer tax, the voters had four responses: no, no, no and hell no.


His ideological soulmate over at the Ex, Ken Garcia, had a similar report. “San Francisco,” he wrote, “is not in a tax-supporting mood.”


But that’s not how I read the poll at all.


You can see the actual document here. The first thing I’ll note is that 67 percent of the people who responded were over 40. That’s not a surprise; telephone polls skew older these days. (How many young people have land lines, which are the numbers primarily called by pollsters?) The second is that some of the questions are pretty close to incomprehensible. Imagine someone reading this to you over the phone and asking for a quick answer:


To provide loans to pay for seismic retrofits of certain multi-story wood structures at significant
risk of substantial damage and collapse during a major earthquake and funded by a qualified
governmental housing finance agency for permanent or long-term affordability, or single room
occupancy buildings owned by private parties, and pay related costs, shall the City and County
of San Francisco issue up to thirty nine million one hundred forty thousand dollars of general
obligation bonded indebtedness, subject to citizen oversight and regular audits?


But the most important thing is that the tax questions were more than misleading; they’re phrased in a way that almost begs for a No. Here’s the real-estate transfer tax question:


Shall the City and County of San Francisco increase the real property transfer tax on certain
properties by between $3.75 and $10.00 per $500.00 of value, depending on the overall
property value and exempting rent-restricted affordable housing units from the increased tax rate?


That sounds like the average person trying to buy or sell a house is going to get hit with more taxes. Actually, nobody’s proposing a tax on low-end sales. If you asked the real question — should people or businesses that sell property worth more than $5 million pay a slightly higher transfer tax — you’d get a very different answer.


Here’s another one:


Shall the City and County of San Francisco establish a progressive payroll expense tax rate
structure and impose a gross receipts tax on the rental of commercial real property?


My immediate response: What the hell does that mean? It sounds like higher taxes on payrolls and a new tax on rents. Sounds like it’s bad for small business. Actually, that’s an utterly inaccurate representation of the tax the Sup. David Chiu is proposing. How avbout an honest question: Should the city cut taxes on small businesses and make banks and insurance companies pay their fair share? I suspect that would poll a little higher.


You want a real snapshot of how a conservative, older groups of voters, the ones represented in this poll, feel about taxes? Check out question 13, which asks people if they agree or disagree with this statement:


It is crucial to have high quality streets, roads and public transit, even if it means raising taxes.


A full 71 percent said they agree.

I’m not arguing that it’s going to be easy to pass any tax proposals on the fall ballot. But if you put the question the right way, and explain that these revenue measures impact primarily the wealthier residents and businesses and that they money is needed for essential public services, I think most voters are going to say Yes.



Newsom’s one bright spot (and even it’s a bit dingy)

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Covering Mayor Gavin Newsom’s devious exploits for this story last week, watching as the ever-ambitious Newsom sacrificed the city’s fiscal future on the altar of political expediency and his increasingly rigid anti-tax ideology, it seemed as if there was nothing remotely redeeming about this callow, self-serving man. But then he does this, appointing Cheryl Brinkman – a strong and respected advocate for promoting alternatives to the automobile – to the Municipal Transportation Agency Board of Directors.

I’m not saying this one act redeems Newsom, not even close. In fact, some have speculated that he’s trying to coopt a qualified progressive or burnish his green credentials, an echo of the responses to when he appointed San Francisco Bicycle Coalition director Leah Shahum to the MTA board a couple years ago, a tenure Newsom ended prematurely after they clashed over creating more car-free spaces. Or maybe he’s trying to head off support for a ballot measure being considered by the Board of Supervisors to split appointments to the MTA. Who knows with this guy?

Yet it’s also true that being open to democratizing the streets of San Francisco has been a bright spot in Newsom’s otherwise dismal record as mayor. And I think that’s because the cost of admission to this movement is so low. He’s embraced temporary car-free spaces, supported more bicycling, and moved forward other green initiatives – all of which have little to no cost involved and no real political downside. So it’s been easy for Newsom to strike green poses when he chooses, just as it was easy for him to make the supposedly “courageous” decision to legalize same-sex marriage, which involved no heavy lifting and greatly improved Newsom’s political prospects.

But we’re reaching a moment of truth for San Francisco, a point at which the easy answers are evaporating and the bill is coming due – just as Newsom prepares to leave San Francisco for Sacramento. After doubling Muni fares since he became mayor and reaching a level where they really can’t go up anymore without diminishing returns and serious political consequences, Newsom and his appointees have run out of easy options for maintaining Muni in an era of declining state and federal support.

Now, the choices aren’t as easy: charge motorists more for parking, permits, or driving in the most congested times or places; cut Muni service or raise rates more; find ever more ways to nickle-and-dime everyone with various fee increases; or find more general tax revenue, which Newsom has been steadfastly unwilling to do, even though the big banks and financial services companies that caused the Great Recession are exempt from city business taxes.

Brinkman, who tells us that the Mayor’s Office placed no conditions on the appointment, now has a tough job, as do all of this city’s elected and appointed officials. But this is the moment when they must have the courage to make the tough choices about what’s best for San Francisco, choices that Newsom has been unwilling to make.

Bad faith

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steve@sfbg.com

Mayor Gavin Newsom and his business allies are actively trying to sabotage the various revenue measures that have been put forth by the labor movement and progressive members of the Board of Supervisors, employing deceptive rhetoric, sneaky tactics, and a refusal to bargain in good faith.

In fact, Newsom — the Democratic nominee for lieutenant governor — is so averse to supporting anything that could be called a “tax” that he rejected a hard-won compromise measure created by powerful developers, affordable housing advocates, a pro-business think tank, the building trades, and his own directors of housing and economic development.

Just as that story was breaking in the New York Times (produced by Bay Citizen) on July 9, members of the Board of Supervisors Budget and Finance Committee discovered that Newsom’s proposed ballot measure to close loopholes in the city’s hotel tax that favored airline employees and online travel companies — a widely supported change, but one worth just $6 million per year — contains language that would nullify any increases in the hotel tax. Earlier in the week, labor unions turned in signatures on an initiative to increase the hotel tax by 2 percent, which would bring in more than $30 million per year.

“This poison pill is an intentionally deceptive, underhanded move,” Gabriel Haaland, an organizer with Service Employees International Union Local 1021, which sponsored the hotel tax, told us. “It’s so frustrating. It’s not even a good faith fight. He’s trying to create confusion and fool the voters. If our measure passes fair and square, it should be implemented.”

Meanwhile, Newsom and business groups have been attacking a reform measure by Board President David Chiu that would make the currently flat payroll tax more progressive, exempt more small businesses from paying it, and create a commercial rent tax to spread the tax burden more widely than the 10 percent of businesses who now pay tax to the city.

Critics complained that the measure would hurt local businesses — but that’s just not true. The city’s Office of Economic Analysis concluded that Chiu’s original proposal would have no effect on private sector jobs and would generate $34 million annually for the city, preserving some government jobs and spending.

Then Chiu amended the measure to spare even more small businesses. Now the OEA says that the measure would actually create private sector jobs — and still bring $28 million in to the city. Yet Newsom and the business community are still withholding their support.

This trio of Machiavellian moves comes just a week after Newsom pulled out of budget negotiations with board progressives concerning about $40 million in board add-backs to programs that Newsom proposed to cut after they wouldn’t agree to his precondition that they withdraw unrelated measures proposed for the November ballot, such as splitting appointments to the Rent, Recreation and Park, and Municipal Transportation Agency boards and requiring police officers to do foot patrols.

The series of events has led many progressives to say that conservative ideological blinders — a knee-jerk opposition to anything that saves government jobs and services or that Republicans might criticize — is the only logical explanation for the intransigent stance adopted downtown and by Newsom.

“It’s ideological. It’s not economic, and it’s not even political,” said Calvin Welch, the affordable housing activist who helped negotiate the transfer tax compromise with developer Oz Erickson, San Francisco Planning Urban Research Association director Gabriel Metcalf, Mayor’s Office of Housing Director Doug Shoemaker, and others.

That measure would have created a transfer tax on sales of properties over $875,000 and generated approximately $50 million annually for affordable housing (funds that were drastically reduced in Newsom’s proposed 2010-11 budget) while cutting in half the current requirements and fees on market-rate developers to create below-market-rate units. The plan would have stimulated both types of housing and created desperately needed construction work — an approach those involved called an elegant solution to several problems.

“To me, this was a win-win, solving two problems that are each a big deal,” Metcalf told us. “I don’t know what his reasons were for not supporting it. I was surprised.”

But Welch said, “It collapsed straight up because the mayor didn’t want to support a tax.” Although Newsom told the Times it was because there wasn’t broad enough consensus yet, “the mayor’s reason is whole-cloth bullshit,” Welch said, noting the role of the Mayor’s Office in brokering the deal. “The mayor walks away from it because everyone wasn’t in the room? Well, it’s your room, motherfucker. Show some leadership.”

Newsom Press Secretary Tony Winnicker refused to discuss these issues by phone, responding to our written inquires by noting that Newsom opposes taxes and thinks the best way to address budget deficits are privatizing city services and pension reform (although he opposes Public Defender Jeff Adachi’s initiative, the only pension reform measure on the fall ballot).

“The mayor is opposed to the Board of Supervisors’ proposals to increase taxes because they’re not needed to balance the budget and they will strangle our still young economic recovery,” Winnicker wrote, refusing to answer follow-up questions or support a statement about Chiu’s measure that the OEA concludes is not accurate.

Like many political observers of all stripes, those from downtown and progressive circles, Welch criticized Newsom for his lack of engagement with city business and its long-term fiscal outlook, contrasting him with former Mayor Willie Brown, who met regularly with former Board of Supervisors President Tom Ammiano even as the two ran a bitter campaign for mayor against one another in 1999. “They dealt with the city’s business like two adults who cared about the city,” he said.

Welch acknowledged that there was still work to be done building political support for the transfer tax measure. He and other progressives would have had to win over city employee unions who wouldn’t like the budget set-aside aspect, and Erickson and Metcalf would need to placate some of their downtown allies who oppose taxes on ideological grounds. But given how downtown groups are behaving right now, that might not have been an easy sell.

“There are members of the small business community that are averse to any taxes,” said Regina Dick-Endrizzi, director of the city’s Office of Small Business and staffer to the Small Business Commission, which was withholding a recommendation on the Chiu measure but planned to meet again to consider it July 12 (look for an update on the sfbg.com Politics blog). She said the small business community is having tough times and “they are just not sensitive to keeping city workers employed.”

Larger commercial interests are being even more forceful in opposing the revenue measures. While a parade of workers, social service providers, and progressive activists testifying at the July 9 Budget Committee hearing implored supervisors to place all the proposed revenue measures on the ballot, representatives from the Building Owners and Managers Association (BOMA) and San Francisco Chamber of Commerce were the only two speakers urging supervisors to drop the measures and focus instead on creating private sector jobs.

“You’re trying to create a little revenue here and it’s not going to work,” said Ken Cleaveland, director of BOMA SF, arguing that big banks and financial services companies — entities exempt from the payroll tax that Chiu is hoping to target with the commercial rent tax — will buy their buildings to avoid paying the tax. “They aren’t going to create more jobs and they really aren’t going to create more revenue.”

Yet Chiu noted that it was the business community and fiscal conservatives who pushed to create the Office of Economic Analysis, whose work they have regularly used to attack progressive legislation. Now that the office has concluded that a piece of progressive legislation is good for the local economy, Chiu told Cleaveland and the Chamber spokesperson Rob Black at the hearing, “I ask you to respect the work this office has done.”

Black said the Chamber board will consider Chiu’s amended legislation, but said businesses are in no mood to help the city. “How many times have you gone to your neighborhood merchant and had them say, ‘Gee, my rent’s too cheap’?<0x2009>” he said during his testimony.

Yet Chiu said landlords of small tenants (those paying less than $65,000 in rent per year) are exempt from the rent tax and only 26 percent of SF businesses would pay any city business tax under his plan. “I hope the mayor will support this proposal and the business community will give it a good look,” Chiu said as the hearing ended.

At the beginning of the hearing, Chiu framed the dire situation facing San Francisco, citing Controller’s Office figures showing this year’s $500 million budget deficit (out of a $6 billion total budget) will be followed by a $700 million deficit next year and a $800 million gap the following budget cycle as a result of a deep structural budget imbalance.

“We have budget deficits as far as the eye can see,” Chiu said at the hearing. “We have to consider measures that will provide more stable sources of revenue.”

He also noted that city employee unions have agreed to give back about $250 million in salary and had their ranks reduced by about 2,000 workers in the last two years. So he and the other progressive supervisors say it’s time for the rest of San Francisco to help address the problem.

“We, as a city, should not be trying to balance this budget simply through cutting,” Sup. David Campos said.

Sup. John Avalos, the committee chair, amended his transfer tax measure in the wake of Newsom’s rejection of the deal by making it a simple 2 percent tax on properties that sell for more than $5 million, and 2.5 percent tax on properties over $10 million. He estimates it will bring in about $25 million per year from the city’s wealthiest corporations and landlords.

“That’s who we’re socking it to,” Avalos told us, saying he was disappointed the compromise fell through. “The amendment is going to be more progressive than what was originally planned.”

Even Sup. Sean Elsbernd, a strong fiscal conservative who announced early in the hearing, “You want to do that [balance future budgets] by adding taxes, but I want to do it through ongoing service cuts,” later told the Guardian that he was intrigued by the amendments Avalos and Chiu made to their measures and has not yet taken a position on them.

Sup. Ross Mirkarimi is also sponsoring a measure to increase the city’s tax on parking lot operators from 25 percent to 35 percent, the first change to that tax in 30 years, and will include valet parking for the first time. The measure would bring in up to $24 million per year, and OEA analysis shows it would decrease the number of cars trips by 1.3 percent, another benefit.

SFMTA supports the measure, with board member Cameron Beach testifying that the money will be used to subsidize Muni and “it links the use of private automobiles and is consistent with the city’s transit-first policy.” Mirkarimi, who chairs the Transportation Authority, also has proposed a $10 local vehicle license fee surcharge that would bring in another $5 million per year for Muni.

All the revenue measures require six votes by the full Board of Supervisors, which is scheduled to consider them July 20, after which they would need a simple majority approval by voters in November to take effect.

The mayor has the authority to directly place measures on the ballot, so the committee hearing on his hotel tax loophole measure and a $39 million general obligation bond that he’s proposing to create a revolving loan fund for private sector seismic improvements were mere formalities, so supervisors criticized aspects of each but were unable to make changes.

Avalos even grudgingly acknowledged the hotel tax poison pill was an effective way to kill that revenue source, saying at the hearing, “This is very smart. I don’t agree with it, but it’s very smart.”

Haaland was less charitable, criticizing a provision designed to confuse voters. “This kind of move means both measures won’t pass because now we have to oppose [Newsom’s measure],” he said, criticizing the mayor for running away from the hard decisions facing the city. “He won’t be around next year, when we have an even bigger structural budget deficit, to clean up this mess. Absent new revenue sources, this city starts to fall apart.”

Whitman criticized for opposing high-speed rail

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By Brittany Baguio

Although Republican gubernatorial Meg Whitman claims job creation is one of her top priorities, she recently stated that she opposes the plan to build a high-speed rail system in California – a project that is being eagerly anticipated in San Francisco, its northern terminus.

Whitman says the state does not have enough money to fund the project because of the state’s current budget deficit, but labor, environmental, and other groups say it will be a boon to the state’s economy and environment. Voters approved Proposition 1A in November 2008, supporting the construction of a high-speed rail system with an initial investment of $9.95 billion in bond money.

Proponents say the project will alleviate freeway and airport congestion and provide a green transportation option that has both short- and long-term economic benefits. According to the California High-Speed Authority website, the project would create 160,000 constructed-related jobs as well as 450,000 more jobs by 2035. The construction of the rail system would also improve the movement of people, goods, and services throughout California and ultimately raise more than $1 billion in surplus revenue a year.

“We are eager to thoroughly brief whoever the next governor is on this project and work with him or her to make California’s high-speed rail system a reality,” California High-Speed Rail Authority representative Rachel Wall told the Guardian.

Supporters of the bullet train disagree with Whitman’s analysis and contend that the construction of a bullet train would create revenue and jobs. In a press release, California Labor Federation Executive Secretary-Treasurer Art Pulaski said, “In her glossy TV ads, Whitman says she understands the daily hardships facing our state’s unemployed, but it’s clear that’s just more campaign rhetoric. In opposing high-speed rail, she’s shown her true colors on jobs. It’s shocking that a candidate for Governor could be so detached from the economic hardships facing our state’s families. With one in eight Californians out of work, how can we afford not to invest in the creation of hundreds of thousands of permanent, good new jobs?”

Communications director of the California Labor Federation, Steve Smith, believed that Whitman’s opposition exhibited her political inexperience and uninformed decisions. “She’s out there talking a big game about job creation, but no specifics about how she would create jobs,” Smith told us. “Her proposals would be devastating to California and would lead to higher unemployment in California. She says that California can’t afford the project, but what we can’t afford is not to take advantage of improving our economy and environment.”

Whitman isn’t the only one opposing the project. Bay Area cities of Menlo Park, Palo Alto, Burlingame, Belmont, and Atherton have all voiced concerns about the project and the impact of trains move rapidly through those communities, filing a lawsuit seeking to halt the project.

The bullet train project was awarded $2.25 billion from the American Recovery and Reinvestment Act last January and is currently undergoing supplemental environmental reviews. Construction is scheduled to begin in 2012, with improvements such as rail electrification expected to improve rail service on the San Francisco peninsula even before the high-speed trains start running around 2020.

Assuming the public-private project isn’t derailed politically and can raise the estimated $40 billion total cost, the trains will travel at speeds of up to 220 mph and take passengers from the LA Union Station to San Francisco’s Transbay Terminal in less than 2 hours and 40 minutes.

Board votes on Candlestick-Shipyard project EIR appeal today

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All images by Luke Thomas

The Chronicle’s suggestion that the city’s massive Candlestick-shipyard project may be facing smoother sailing seems like wishful thinking to those who attended a July 12 noontime rally that was organized by POWER (People Organized to Win Employment Rights) and featured two Louisiana-based advocates who protested the project’s EIR and shared many of the longstanding concerns about project cleanup, infrastructure and financing.

The Chronicle was of course referring to five amendments to the city’s massive redevelopment proposal that Board President David Chiu introduced during yesterday’s July 12 meeting of the Board’s Land Use committee. The Chron interpreted these amendments as a sign that Chiu plans to approve the project’s environmental impact report, which comes before the Board today, after several groups appealed the final EIR that the Planning Commission approved last month.

But while city officials fear the developer will walk, if the Board does not approve the final EIR, some environmental advocates hope a better plan could be reached.

At POWER’s July 12 rally, nationally acclaimed environmental scientist Wilma Subra called on the District Attorney’s environmental justice department to “step up.” Subra claimed that the project’s final EIR “failed to evaluate and assess the cumulative impacts of exposure to children, adults and the environment as a result of exposure to all of the chemicals at the site.”

Monique Harden, co-director and attorney for Advocates for Environmental Health Rights (AEHR) of New Orleans, Louisiana, pointed to “deep flaws in the environmental regulation system,” as a reason why low-income communities of color should be concerned about the proposed plan.
“Why in the middle of an environmental crisis caused by BP in the Gulf am I coming to San Francisco?” Harden asked. “Because San Francisco is providing unequal environmental protection to its residents. As a resident of New Orleans, I’m concerned that San Francisco is careening towards making a decision that can crush the future of Bayview Hunters Point,”

But as local Bayview resident Jose Luis Pavon began talking about seeing gentrification occur in his lifetime within San Francisco, he and others got shouted down by a group of yellow and green-shirted project supporters, who were led by a guy calling himself Bradley Bradley and Alice Griffith public housing resident Stormy Henry.
“This is the devil’s trick in the last hour,” Henry said of the POWER rally.

Henry shared her heartfelt belief that if the Board approves the project’s final EIR, she and other Alice Griffith residents will get desperately needed new housing units. even if it takes some years to build them. Others in her group were unable to answer media questions: they had difficulty speaking in English, but were clutching neatly written statements in support of the project that they later read aloud at the Board’s Land Use Committee hearing.

As these project supporters prepared to move inside to attend the Land Use Committee meeting and lobby supervisors for their suppor, D. 10 candidate Tony Kelly shared his concerns that the Navy has a demonstrated history of finding nasty things at the shipyard years after they say everything’s clean, and that this pattern could jeopardize the plan.

“This happened at Parcel A,” Kelly said, referring to the first and only parcel of land that the Navy transferred to the city for development in 2004. “Since then, Parcel A has gotten smaller and as they found stuff on sites they then renamed as new parcels, like UC-3, which has radiological contamination in a sewer line that goes into the Bayview. So, that means the contamination is now in the Bayview.”

Kelly is concerned that the city is trying push through EIR certification before the Navy completes an environmental impact statement (EIS) related to shipyard cleanup activities. “The EIS is supposed to go before the EIR, as far as I know,” Kelly said

At the Land Use Committee meeting, Sup. Sophie Maxwell, whose district includes Candlestick and the Shipyard,said, the project was about “revitalization and opportunity.”

She noted that the certification of the project’s final EIR has been appealed to full Board’s July 13 meeting. She further noted that she intends to introduce legislation next week to address concerns that Ohlone groups have expressed.

The next two hours were full of testimony from a bevy of city officials, beginning with Michael Cohen, Mayor Gavin Newsom’s top economic advisor in the Office of Workforce and Economic Development.

“Every single element [of this project] has been discussed and debated at countless meetings,” Cohen claimed, as he sought to quell fears that the community had not been properly consulted with over the plan. “As we get closer to a vote, all of a sudden pieces of paper start circulating, criticizing project and suggesting that community involvement just began,” he continued. ” That’s factually untrue.”

He also sought to reassure the supervisors that the Board will have a say-so as to whether the city accepts early transfer of shipyard parcels from the Navy.
“Neither the city nor the developer have any specific authority over the cleanup,” Cohen said, noting that the cleanup is governed by specific rules set out in CERCLA [Comprehensice Environmental Response, Compensation and Liability Act, aka Superfund].

“Regardless of what we do, CERCLA will continue to be the regulatory tool,” Cohen said. ” I urge you not to be confused by CEQA and CERCLA.”

So, how can the city implement Prop. P, which voters overwhelmingly supported in 2000, urging the Navy to clean up the shipyard to highest attainable standards.
“Prior to any transfer, US EPA and DTSR have to concur in writing that the shipyard is safe,” Cohen explained, noting that, thanks to Speaker of the House Nancy Pelosi, the Navy has already spent over $700 million on shipyard cleanup efforts.

“We have 250 artists at the shipyard….but not a shred of scientific evidence to say that the shipyard is not safe,” Cohen claimed. “It’s safe to develop the shipyard in precisely the manner we are proposing.”

When Sup. Eric Mar raised the question of radiological contamination on Parcel UC-3, Cohen downplayed Mar’s concerns.
“The exposure levels are lower than watching TV,” Cohen claimed. “The primary source is very low level radiation from glow-in-the-dark dials.”
Indicating a map that showed a network of old sewers (in blue) and old fuel lines (in red) under the entire development area, Cohen said, “The radiological contamination that has and will be addressed at the shipyard is quite low level. You have radiation, you get nervous. We asked EPA to come out and do a scan to deal with the issue.”

IBI Group’s David Thom, the lead architect and planner for the project said the plan is designed “to connect new development back into the Bayview.”
“And this plan connects the Bayview through to the water.”

Tiffany Bohee, Cohen’s deputy in the Mayor’s Office of Economic and Workforce Development, insisted that project’s proposed bridge is better than Arc Ecology’s proposed alternative route, which would not involve constructing a bridge over an environmentally sensitive slough.
“The non-bridge route increases the number of intersections,” Bohee said, seeking to turn an environmental question (the impact of bridge on wildlife and nature experience) into a public safety issue.”
She claimed the BRT route over bridge was 5-10 minutes faster than Arc’s proposed alternative, “because there are fewer turns, it can go at higher speeds.” But Arc’s studies suggest the BRT route over the bridge is only a minute faster, and would cost over $100 million.

Bohee noted that $50 million from the sale of 23 acres of parkland for condos at the Candlestick Point State Recreation Area (CPSRA) will be “set aside for the state, and won’t be able to be raided by the city,” with $40 million going to improvements, and $10 million to ongoing operation and maintenance costs.

She also cited additional benefits that the project would bring to the community, including thousands of construction job opportunities.

“We are working with City Build to make sure they are for local residents,” Bohee said.“And there is absolutely no displacement for the rebuild,” Bohee continued referring to proposal to place current Alice Griffith public housing iresidents n new units, on a 1-1 basis

Eric Mar said he was impressed by many elements of the plan, but continued to express reservations.
“I’m still concerned that is seems to serve newcomers as proposed to existing residents,” he said. “And I’m still not convinced that the bridge is the best for existing residents.”

Rhonda Simmons, who works in Cohen’s Office of Economic and Workforce Development,  tried to flesh out details of the project’s job creation promises.
“The most immediate workforce is related to the construction site, and as you know, this project goes over a 15-20 year span,” Simmons said, pointing to green tech and retail as job opportunities that will exist once the project is built.

Mar expressed concern that the jobs may not be at the level of D.10 residents
“How is this gonna bring their skill level up?” he asked.
“The idea is that training gives first level entry at a variety of building trades,” Simmons said, pointing to the project’s large solar component.

“What about women?” Sup. Maxwell asked
Simmons pointed to retail opportunities,
“The idea of the training is to give folks job readiness skills, like getting there and showing up on time,” she said

Mar wanted to know who would have oversight of monitoring and compliance.
“In the city we have a tapestry of folks who do contract compliance,” she said. “The oversight will come from a variety of places.”

After Kurt Fuchs of the Controller’s Office listed the estimated economic benefits of the project, Board President David Chiu observed that the city is “at a crossroads.”

“I do not plan to prejudge,” Chiu continued, as he introduced his five amendments to regulate the Parcel E-2 cleanup, the size of a proposed bridge over the Yosemite Slough, expand healthcare access in the Bayview, create a workforce development fund and lay the groundwork for bringing public power to the project.

During public comment, Bayview resident Fred Naranjo pleaded for project support.  

“Please don’t let the train leave the station,” Naranjo said. “If Lennar leaves, the Bayview will never be developed.”

And Tim Paulson, executive director of the San Francisco Labor Council expressed hope that an agreement was getting closer.
“There really is a path to getting this done,” Paulson said. “This really is a model project in many ways for the rest of the United States.”
But D. 10 resident Linda Shaffer with the Yerba Buena chapter of the California Native Plant society indicated the huge pressure exerted on folks to support the project
“I do not want to be classified as an opponent, but we have concerns,” Shaffer said, noting that her group has filed an appeal of the project’s final EIR.

And while the Sierra Club’s Arthur Feinstein thanked Chiu for proposing to reduce the size of the bridge, he pointed out that Chiu’s amendment wasn’t really a compromise.
“That’s because it’s still a bridge,” Feinstein said, as he explained how noisy the area surrounding the slough will become as traffic whizzes by.

Connie Ford of the Labor Council accused some project critics of being “disrespectful.”
Ford took particular issue with claims that the project will gentrify the area
“The neighborhood is changing,” she said. “Since 1990, African American families have been leaving the Bayview in huge numbers. I encourage you to see this project as a good plan.”

Gabe Metcalfe of SPUR expressed his unconditional support for the plan,
“This plan is being asked to fix a huge number of problems,” he said.
Noting that the bridge continues to be a sticking point, Metcalfe said he sees opposition to every transportation project these days.
“We seem to be in a moment when you can’t build anything without it being opposed.”

But other speakers from the Sierra Club reiterated their stance that there are better and viable options to the bridge, noting that it is too costly, and that the surrounding community and wildlife would be better off without it.”

All these competing viewpoints suggest that whatever decision the Board makes today, it will take some time and create plenty of uproar. So, here’s hoping the Board votes in a way that will truly benefit the D. 10 community, not career politicians, city officials and out-of-state developers. It’s about time.

Sunday Streets creates public benefits from private labors

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By Kristen Peters

San Francisco locals will take to the streets this weekend as main roads in the Mission neighborhood are closed to automobiles for the sixth installment of Sunday Streets. On July 11, a three-mile route from 17th and Valencia to Dolores Park to Potrero Avenue will be car-free from 10 am until 3pm.

Taken from Bogota’s weekly ciclovía, in which nearly 100 miles of city streets are reserved for pedestrians and other recreationalists, Sunday Streets began in San Francisco almost two years ago. Since then, the tradition has made its way to other California cities including Los Angeles and Oakland.

“In San Francisco we have our own unique style,” event coordinator Susan King, who works for the nonprofit group Livable City, said. “We have different routes and we hit different neighborhoods year after year. In each neighborhood, the featured events have their own flair.”

This Sunday, revelers can look forward to performances by Grupo Azteca as well as capoeira and salsa dancing lessons, not to mention the countless restaurants in the area opening their doors early to the public. While the event has some support from the city and its San Francisco Municipal Transportation Agency, mostly in the form of permit fee waivers, it is run by Livable City and funded from corporate donations.

“Our corporate sponsors provide everything from durable goods, in-kind donations and cold, hard cash,” King said.

City officials have even curtailed helping with hanging “no parking” signs, leaving that task to volunteers from the SF Bicycle Coalition. That job was usually designated to the San Francisco Department of Parking and Traffic, but they have now stopped providing that service to an event that Mayor Gavin Newsom trumpets as something he’s bringing to the people. But King still calls Sunday Streets a good example of a public-private partnership.

“Everybody brings something to the table,” King said. “It’s a real cooperative entity with everyone pulling together to produce something really special.”

According to King, the benefits are widespread. Not only is it refreshing for the public to ditch their cars for a few hours, but it also reinvigorates the local economy. “It’s a real boom for the city,” King said. “Lots of people on the street means lots of eating. It’s good for business and good for the community.”

Acting executive director for the SF Bicycle Coalition Renee Rivera said that the Mission in particular has benefited from the crowds at Sunday Streets. “Everyone is enjoying the outdoor activities the event has to offer but, at the same time, are going to get ice cream, stopping for tacos or getting to enjoy all the merchants on 24th and Valencia,” Rivera said.

There are three more Sunday Street events following the Mission neighborhood closure. The Great Highway and areas of Golden Gate Park will be closed on August 22 followed by the Western Addition on September 19. The series will conclude on October 24 with the closure of the Civic Center and Tenderloin areas.

Transit troubles

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rebeccab@sfbg.com

Peggy da Silva is an avid cyclist, public transit advocate, and member of the San Francisco Transit Riders Union — a new organization made up of several hundred San Franciscans who want to see improvements to Muni.

Yet even she admits that when it comes to getting to work, it takes just 15 minutes by car or an hour if she opts to go by bus. “I am committed to transit and cycling” for environmental reasons, she said, but “it gets really frustrating” to wait for the bus or light rail cars to arrive.

Da Silva could be considered lucky in that she can opt to drive if she feels it’s necessary, while many lower-income San Franciscans cannot afford a car and have no choice but to rely on Muni to get to work, buy groceries, or make doctor appointments. It’s even worse late at night when the buses run less frequently and the streets are dark and empty.

Speaking at a June 29 transit rally, the Rev. Norman Fong of the Chinatown Community Development Center joked that Chinatown is one of the city’s greenest neighborhoods — but “not by choice.” Most Chinatown residents just can’t afford to own a car, underscoring the point that Muni service cuts affect lower-income communities more significantly than those with more transportation options.

The perception that Muni is broken isn’t unique to transit advocates. Around City Hall, a number of proposals have been put forth to fix the ailing system, which has been mired in delays and overcrowding as fares have gone up and service was slashed. But determining what the root problems are, how they should be addressed, and what the best path forward may be has proved arduous.

Rather than a simple calculation or a study in efficiency, the debate surrounding Muni is spinning into an emotionally charged affair. For those aiming to protect low-income riders from service cuts or fare increases, it’s a discussion about social justice, calling into question why the city is asking more of bus riders than motorists in a city with a “transit-first” mandate in its charter.

The strong opposition to the cuts by supervisors and the public has led to a rollback. On June 30, the San Francisco Municipal Transportation Agency (SFMTA) announced that on Sept. 4, it would be able to restore half of the 10 percent systemwide service reduction that went into effect in May.

“Due to stronger than expected revenue streams, operational efficiencies, and new grant opportunities, staff is recommending the restoration of service on some routes and lines this fall,” according to an SFMTA press release. Buses that run all night would come more often, and the partial service restoration would help ease over-crowding.

While this was welcome news for anyone who takes transit, the expected improvement still leaves untouched many key issues plaguing the city’s public transit system. Two separate initiatives most likely destined for the November ballot seek to deal with systemic problems — but both have met with resistance.

On July 1, Sup. Sean Elsbernd announced that he had submitted some 75,000 signatures for a proposed charter amendment for the November ballot to change the way transit operator salaries are determined. Since they only needed 46,000 signatures, “presumably, we’ll qualify,” Elsbernd told us.

“It presses the reset button on all the [memorandums of understanding] and then puts the riders at the table,” he explained. “It also eliminates the side letters that allow the six leaders of the union to get full-time salaries and benefits without needing to drive.”

Elsbernd’s proposal would require operator wages and benefits to be set through collective bargaining, instead of the current guarantee that their wages be at least as high as the average wage rate for transit operators in the two highest paying comparable transit systems.

Yet his proposal is opposed by the city’s transit operators union, TWU Local 250-A, whose members feel they’ve been unfairly blamed for the MTA’s fiscal problems. Speaking at the June 29 rally, Ron Heintzman, the new international president of the Amalgamated Transit Union, summed up the attitude of drivers who feel they are being asked to give up hard-fought gains in the face of an economic downturn.

“I’ve been told that here in San Francisco, the mayor for some reason clearly has his head up his ass,” Heintzman said. “It’s time to tell him to stop trying to balance the damn budget on the backs of the workers.”

Speakers at the rally voiced support for federal legislation that would bolster municipal transit budgets nationwide with a $2 billion emergency infusion. A second federal bill would allow local governments greater flexibility with federal transit funding that currently can only be spent on capital projects, not day-to-day operations.

“We’re asking them not to make us buy a bus when we can’t hire a bus operator to drive it,” explained Harry Lombardo, international president of the Transit Workers Union. “There’s no point in spending hundreds of thousands on a bus and letting it sit in mothballs. And believe me, it’s happening all over the country.”

Sup. David Campos, a cosponsor of a competing ballot measure that aims for more comprehensive Muni reform, joined the rally and criticized the notion that drivers should be blamed a dysfunctional, underfunded transit system.

“Those of you who live in San Francisco know that right now there is a climate at City Hall that is pointing the finger at drivers, blaming drivers and blaming the workers for the problems that this system has,” Campos said at the rally. “Muni is broken. But Muni is not broken because of labor. And we have to say no to that push to somehow create a division between riders and drivers…. We can’t ignore the fact that we have a system that is getting money that is not being used well.”

Campos has joined with Sups. Ross Mirkarimi, Eric Mar, and Board President David Chiu to propose a reform package that would remove the pay guarantee for Muni driver, but also create split appointments to the MTA Board of Directors, allocate a share of property tax revenue to the city’s Transportation Fund, and establish an Office of the MTA Inspector General to help reduce waste and ramp up efficiency. The proposal would be subject to voter approval in November.

The proposal to give the supervisors some appointments to an MTA board that is now solely accountable to the Mayor’s Office became an issue at the eleventh hour of budget negotiations between the supervisors and Newsom on June 30. The mayor strongly opposed that and two similar charter amendments that would establish split appointments for the Recreation and Park Commission and the San Francisco Rent Board, as well as a ballot measure that would require the police department to engage in foot beat patrols.

Many saw his stance as a quid pro quo that inappropriately tied mayoral support for the budget — which included funding restorations to community programs that progressive board members wanted to preserve — to these unrelated ballot proposals.

Dave Snyder, who directs the SF Transit Riders Union, viewed the move as an affront on Muni riders. “This particular mayor has managed to screw up Muni service through his complete control over the agency,” Snyder said. “And whatever it takes, Muni riders want to see that fixed.”

While he said he thought a split appointment for the MTA Board was important, “the most important thing is more money. That’s the key issue,” he added, noting the reform package would create more funding for Muni.

Members of the Budget and Finance Committee resisted the mayor’s demand and forwarded a budget to the full board that included their high-priority restorations. The proposed ballot measures will be considered by the board this month.

“If you ask me, I would say we should have commission reform across the board,” Mirkarimi told the Guardian. “The idea of having [equally balanced appointments] is a smart way for us to share the responsibility and the consequences.”

MTA’s fiscal problems aren’t unique to San Francisco. On July 1, Caltrain announced a menu of undesirable options to deal with big financial troubles facing the commuter railroad. Elimination of weekend service and certain weekday train stops, or a 25-cent increase to base fares or zone fares, will be the subject of public hearings this summer.

Noting that all the different sources that fund Caltrain have been slashed, spokesperson Christine Dunn told us, “It’s frustrating to not be able to provide the service you want to provide.”

Powder keg

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news@sfbg.com

Ask any pollster, political consultant, or academic who studies the American electorate about the mood of the voters this year and you’ll get the same one-word answer: Angry.

Everyone’s pissed — the liberals, the conservatives, the moderates, the people who don’t even know where they fit in. It’s an unsettled time and, potentially, very bad news for a progressive agenda that seeks to address issues ranging from poverty and war to the long-term health of the public and the planet.

The Democrats, who swept into power with an enormously popular president just 18 months ago, may lose control of Congress. The tea partiers have driven the Republicans so far to the right that some candidates for Senate are openly talking about eliminating Social Security. The unemployment rate — the single most important factor in the politics of the economy — remains high and doesn’t show any signs of improving.

And the progressive left seems frustrated and demoralized, particularly in California. The Golden State, which once led the nation in innovation and enlightened social policy, now seems to be leading the politically dysfunctional race to the bottom.

The nation could be headed for a dangerous era, rife with the potential for right-wing demagoguery and other nasty political schisms. The state of the economy could easily fuel a more powerful movement to shrink the scope of government and a continuing backlash against the public sector — and the financial backers of the antitax and antiregulation movement are drooling at the prospect.

But there’s also a chance for progressives to seize a populist narrative and shift the discussion away from traditional disagreements and toward those areas, particularly the destructive influence on government by powerful corporations, where the grassroots right and grassroots left might actually agree.

The anger that voters feel toward a government that isn’t meeting their needs is starting to find other outlets. People are as mad about the abuses of big business — the Wall Street meltdown, the bailouts, the BP oil spill, the political manipulation — as they are about the failures of Congress and the president. If you ask Americans of every political stripe who they least trust — big government or big business — even conservatives aren’t so sure anymore.

For 30 years, the central narrative of American politics has revolved around the size and effectiveness of government. Now there’s a chance to shift that entire debate in American politics toward the largely unchecked power of corporations. It is, populist writer Jim Hightower told us, “an enormous opportunity handed to us by the bastards.”

But so far, none of the Democratic leaders in California are taking advantage of it to start dispelling damaging myths and crafting political narratives that might begin to create some popular consensus around how to deal with society’s most pressing problems.

 

THE PEOPLE WANT TAXES

There have been many polls gauging voter anger, but one of the most comprehensive and interesting recent ones was “Californians and Their Government,” a collaborative study by the Public Policy Institute of California and the James Irvine Foundation that was released in May.

It shows that Californians are mad about the state’s fiscal problems, disgusted with their political leaders, divided by ideology, and deeply conflicted over the best way forward. An astounding 77 percent of respondents say California is headed in the wrong direction and 81 percent say the state budget situation is a “a big problem.”

But the anti-incumbent message isn’t necessarily an anti-government message. Most Californians are willing to put more of their cash into public-sector programs, even during this deep recession. When asked to name the most important issues facing the state, 53 percent mentioned jobs and the economy . The state budget, deficit, and taxes only got the top billing of 15 percent.

And contrary to the conventional wisdom espoused by moderate politicians and political consultants, most voters say they are willing to pay higher taxes to save vital services. “Californians tell us they continue to place a high value on education and want education to be protected from cuts. And they’re willing to commit their money to help fund that,” PPIC director Mark Baldassare told the Guardian.

The survey found that 69 percent of respondents say they would pay higher taxes to protect K-12 education from future cuts, while 54 percent each say they would pay higher taxes to prevent cuts to higher education and to health and human services programs. In other words, voters seem to recognize where we’ve cut too deeply — and where we haven’t cut enough: only 18 percent of respondents would be willing to pay higher taxes to prevent cuts to prisons and corrections.

Baldassare said the June primary results also showed that people are willing to pay more in taxes for the services they value. “Around the state, there was a lot of evidence that people responded favorably to requests by their local governments for money, particularly for schools,” he said.

Both the California Legislature and Gov. Arnold Schwarzenegger are held in very low esteem with voters, according to the PPIC study, and Schwarzenegger’s 23 percent rating is the lowest in the poll’s history.

Barbara O’Connor, political communications professor who heads the Institute for the Study of Politics and the Media at Sacramento State University, told us that voter unhappiness with elected leaders is no surprise. Right now, most people are afraid that their basic needs won’t be met over the long run.

“The common narrative is fear, and fear channels into anger,” O’Conner said.

And that fear is being tapped into strongly this year by the Republican candidates, who are trying to scare voters into embracing their promises to gut government and keep taxes as low as possible.

“If there’s any lesson to be learned from Meg and Carly’s early ads, it’s fear-mongering, fear-mongering all the time — and that doesn’t create a very positive narrative,” O’Connor said of gubernatorial candidate Meg Whitman and U.S. Senate candidate Carly Fiorina.

O’Connor noted that Barack Obama’s campaign had great success in using a positive, hopeful message and said she believes the right leader can also do so in California. “I talked to Jerry [Brown]’s people about it and said you can’t just run a negative campaign because that’s what Meg is doing.”

Despite the tenor of the times, O’Connor said she’s feeling hopeful about hope. She also believes Californians would respond well to a leader like Obama who tried to give them that hope — if only someone like Brown can pick up that mantle. “I think the environment is right for a positive message. But the question is: do we have people capable of delivering it?”

She said the no-new-taxes, dismantle-government rhetoric has started to wear thin with voters. “The real fiscal conservatives are badly outnumbered in Californian,” O’Connor said. As for the corporate sales jobs, O’Connor said voters have really started to wise up. “They aren’t going to be scammed.”

The results of the June primary election showed that voters across the spectrum were also disturbed by big special-interest money. Proposition 16, backed by $46 million from Pacific Gas and Electric Co., went down to defeat — even in counties that tend to vote Republican.

And this fall, with two rich former CEOs spending their personal wealth to win two of California’s top elected offices and energy companies pushing a measure to roll back California’s efforts to combat global warming, there could be great opportunity in a narrative targeting those at the top of our economic system.

 

THE TOP AND THE BOTTOM

Some observers say that whatever their shared feelings about corporate scams, conservatives and liberals in the state are just too far apart, and that there’s little hope for any substantive agreement. “People are becoming more polarized,” said consultant David Latterman, who often works for downtown candidates and interests. “I think we’re beyond compromise.”

Allen Hoffenblum, a Los Angeles-based Republican strategist, agreed. “The voter are all mad, but they’re mad at different things. I just don’t see where they come together.”

But Hightower, who has spent a lifetime in politics as a journalist, elected official, author, and commentator, has a different analysis.

“As I’ve rambled through life,” he wrote in a recent essay, “I’ve observed that the true political spectrum in our society does not range from right to left, but from top to bottom. This is how America’s economic and political systems really shake out, with each of us located somewhere up or down that spectrum, mostly down.

“Right to left is political theory; top to bottom is the reality we actually experience in our lives every day — and the vast majority of Americans know that they’re not even within shouting distance of the moneyed powers that rule from the top of both systems, whether those elites call themselves conservatives or liberals.”

In an interview, he told us he sees a lot of hope in the fractured and potentially explosive political ethos. “There’s all this anger,” he said. “People don’t know what to do. And I think the one focus that makes sense is the arrogance and abuse of corporate executives.”

In fact, Hightower pointed out, the teabaggers didn’t start out as part of the Republican machinery. “Wall Street and the bailouts sparked the tea bag explosion,” he said. It wasn’t until big right-wing outfits like the Koch brothers, who own oil and timber interests and fund conservative think tanks, started quietly funding tea party rallies that the anti-corporate, anti-imperial edge came off that particular populist uprising.

“At first, the teabaggers didn’t even know where the money was coming from,” Hightower said. “You can’t be mad at the teabaggers; we should have been out there organizing them first.”

There’s plenty of evidence that anger at big business is growing rapidly — and rivals the distrust of big government that has defined so much of American politics in the past 30 years. The bailouts were “the first time in a long time that people have been slapped in the face by collusion between big business and its Washington puppets,” Hightower noted.

Then there’s the Supreme Court decision in Citizens United v. Federal Elections Commission. In January, a sharply divided court ruled 5-4 that corporations had the right to spend unlimited amounts of money supporting or opposing political candidates. Progressives were, of course, outraged — but conservatives were, too.

Polls show that more than 80 percent of Democrats think the decision should be overturned. So do 76 percent of Republicans. “This is a winner for our side,” Hightower noted. “But our side’s not doing anything about it.”

Sure, President Obama denounced the ruling in his State of the Union speech and promised reform. But the bill the Democrats have offered in response does nothing to stop the flow of money; it would only increase disclosure requirements. And in response to furor from the National Rifle Association, it’s been amended and is now so full of holes that it doesn’t do much of anything.

Political consultants advising Whitman are clearly looking for ways to direct the voter unhappiness into a demand for lower taxes and smaller budgets. She’s already vowed to fire 40,000 state workers, and her most recent campaign ad attacks Brown for expanding public programs and raising the state deficit.

So far Brown hasn’t challenged that narrative — and some Democrats say he shouldn’t. It would be safer, they say, for Brown to get out front and demand his own cuts in Sacramento. “Going after public-sector pensions is a winner,” one Democratic campaign consultant, who asked not to be named, told us. “If Whitman beats Brown on those issues, she wins.”

But that approach is never going to be effective for Democrats. If the argument is over who can better cut government spending, the GOP candidates will always win. The better approach is to see if progressives can’t shift the debate — and the anger — toward the private sector.

As Hightower put it: “You can yell yourself red-faced at Congress critters you don’t like and demand a government so small that it’d fit in the backroom of Billy Bob’s Bait Shop and Sushi Stand, but you won’t be touching the corporate and financial powers behind the throne.”

That’s where the discussion has to start. And there’s no better place than California.

The Golden State is a great example of what happens when the tax- cutters win. In 1978, the liberals in Sacramento, operating with a huge state budget surplus, couldn’t figure out how to derail the populist anger of property tax hikes. So Proposition 13, the beginning of the great tax revolt, passed overwhelmingly. Over the next decade, more antitax initiatives went before the voters, and all were approved.

Now the state is heading toward fiscal disaster. The schools are among the worst-funded in the nation. The world-famous University of California system is on the brink of collapse. Community colleges are turning away students. The credit rating on California bonds have fallen so far that it’s hard for the state to borrow money. And there’s still a huge budget gap.

The tax-cut mentality that led to the so-called Reagan revolution started in California; a political movement that shifts the blame for many of the state’s problems away from government and onto big business ought to be able to start here as well. And it’s potentially a movement that could bring together people who normally find themselves on opposite sides of the fence.

A case in point: the measure the oil companies have put on the November ballot to repeal the state’s greenhouse gas limits. The corporations backing the initiative, led by Valero, argue that California’s attempts to slow climate change will cost jobs. That’s a line we’ve heard for decades. Every tax cut, every move toward deregulation, is defended as helping spur job growth.

But the past four presidents have done nothing but cut taxes and reduce regulations — and the result is facing Americans on the streets every day. There is also growing evidence that even Republican voters don’t believe everything big businesses tell them anymore. And they’re starting to grasp that sometimes deregulation leads to outcomes like larcenous CEOs and unstoppable oil leaks.

So the potential for a successful progressive populist movement is out there. But it’s not going to happen by spontaneous combustion.

 

SF SHOWS THE WAY

On the national level, one of the factors creating this gloomy electorate is the failure of President Obama to keep the coalition that elected him active and engaged. The intense partisanship in Washinton has turned off many independent Obama voters, while his progressive supporters have been disappointed by issues ranging from his escalation in Afghanistan to tepid reforms on health care and Wall Street.

“One of the narratives now is where are the Obama voters and will they participate?” Jim Stearns, a San Francisco political consultant who works mostly on progressive campaigns, told us. “They still love Obama but they’re not moved by him anymore.”

Perhaps more important, they have lost the sense of hope that he once instilled. The Republican Party’s descent into right-wing extremism and the strong anticorporate narratives that have emerged in the last year — from BP’s oil spill to PG&E’s political manipulation to Goldman Sachs’ self-dealing to the prospect of unrestricted corporate campaign propaganda unleashed by the Citizens United ruling — have created the possibility that the negative narratives by the left may crowd out the positive ones.

“Meg Whitman is someone you can hate. She’s the rich Republican CEO trying to buy her way into office,” Stearns said. “But it’s a depressing message.”

But Stearns said there is another, most hopeful political narrative that is emerging in San Francisco, one that might eventually grow into a model that could be used at the state and federal levels. “We’re lucky in San Francisco. Progressive voters are engaged.”

He noted that San Francisco’s voter turnout was higher than expected in the June primary, and far higher than the record low state number, even though there really weren’t any exciting propositions or closely contested races on the local ballot — except for the Democratic County Central Committee, where progressives maintained their newfound control. And it’s because of the organizing and coalition-building that the left has done.

“What you’ve seen over the last few years is a coalition of labor, neighborhood groups, environmentalists, and the progressives now operating through the Democratic Party. That’s a great coalition with a lot for people to trust,” Stearns said.

Meanwhile, downtown has all but collapsed as a unified political force. “They don’t really have a political infrastructure,” Stearns said of downtown. “Normally it would be the mayor who gets everyone in line and working together.”

Even Latterman, the downtown-oriented consultant, agrees that the business community is no longer setting San Francisco’s agenda because it’s become fractured and unable to push a consistent political narrative: “There’s certainly been a lack of coordination.”

He also agrees that progressives have become more organized and effective. “Clearly, the Democratic Party of San Francisco has become a conduit for progressive politics and politicians, but not issues,” Latterman said. “What a lot of people get wrong in the city is the difference between politics and policy.”

Part of the reason is economic. With scarce resources, a high threshold for approving new revenue sources, and a fiscally conservative mayor unwilling to talk taxes, it’s been difficult to move a progressive agenda for San Francisco. And in Sacramento, it’s barely part of the discussions.

“The people of California have been held hostage by a handful of Republicans who are making us cut everything we care about,” while in San Francisco “Newsom is taking an entirely Republican approach to the budget,” Stearns said.

Looking toward the fall races, Stearns said the progressive coalition and majority on the Board of Supervisors will be tested on issues such as Muni reform, and the question will be whether fiscal conservatives like Sup. Sean Elsbernd can blame Muni’s problems on drivers, or whether progressives can create and sell a broader package that includes new revenue and governance reforms.

“The drivers are going to get their guarantee taken out of the charter, that’s going to happen. But people know that isn’t all that’s wrong with Muni,” Stearns said.

But to craft a more comprehensive solution, he said the progressives are going to need to use their growing coalition to connect the dots for voters. “We need to run a citywide campaign around a whole constellation of issues,” Stearns said, citing Muni, schools, taxes, resistance to mean-spirited measures like sit-lie, and the larger issues raised by the Brown and Barbara Boxer campaigns. “We need to figure out a way to put all that in the same coalition and run one campaign around it. And we can do that because progressives retained control of the DCCC.”

 

THE STRUGGLE AHEAD

Although they’ve made great strides, San Francisco progressives are still struggling with a mayor who sees the solution to every budget crisis as cuts — and with a growing number of efforts to blame public employees for the city’s fiscal problems. Even Jeff Adachi, the public defender once considered a standard-bearer for progressive causes, is pushing a ballot measure that would require city workers to pay more for their pensions.

Gabriel Haaland, who works with Service Employees International Union Local 1021, made the right point in the pension debate. “Big financial institutions crashed the stock market,” he said recently, “and now they want to blame city workers.”

In a blog post on the political website Calitics, Robert Cruickshank put it clearly: “The notion that ‘everyone needs to give back’ just doesn’t make sense given our economic distress. We’ve already given back too much. We gave back our wages. We gave back our ability to afford health care and housing and transportation. We gave back the robust public- sector services that created widespread prosperity in the 1950s and 1960s. We gave back affordable, quality education. And too many of us have given back our future.

“No, it’s time for someone else to give back. It’s time for the wealthiest Californians and the large corporations to give back. For 30 years now they have benefited from economic policy designed to take money and benefits from the rest of us and give it to those who already have wealth and power.”

That’s a message that ought to appeal to anyone who’s hurting from this recession. It ought to cross red and blue lines. It ought to be the mantra of a new progressive populism that can channel voter anger toward the proper target: the big corporations that created the problems that are making us all miserable.

If Jerry Brown could adopt that narrative, he could change the state of California — and the state of the nation.

Complicating the simple

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steve@sfbg.com

GREEN CITY San Francisco can legally give more street space to bicycles, even if it delays cars or Muni in some spots, a policy that enjoys universal support among elected officials here. So why have all the city’s proposed bike projects been held up by an unprecedented four-year court injunction, despite the judge’s clear affirmation of the city’s right to approve its current Bicycle Plan as written?

The answer involves a mind-numbing journey into the complex strictures of the California Environmental Quality Act and its related case law, which was the subject of a three-hour hearing before Superior Court Judge Peter Busch on June 22 that delved deeply into transportation engineering minutiae but did little to indicate when the city might be able to finally stripe the 45 bike lanes that have been studied, approved, funded, and are ready to go.

Anti-bike activist Rob Anderson and attorney Mary Miles have been on a long and lonely — but so far, quite successful — legal crusade to kill any proposed bike projects that remove parking spaces or cause traffic delays. They have argued that the city shouldn’t be allowed to hurt the majority of road users to help the minority who ride bikes, urging the city and court to remove those projects from the Bike Plan.

But Busch repeatedly said the court can’t do that. “That’s the policy question that’s not for the court to decide,” he told Miles in court, later adding: “I don’t get to decide that the Board of Supervisors’ policy is misguided.”

Yet city officials have offered detailed arguments that the policy of facilitating safe bicycling isn’t misguided, but instead is consistent with the transit-first policy in the city charter and with the goals of reducing greenhouse gas emissions, improving public health, and even alleviating overall traffic congestion by giving more people good alternatives to driving a car.

Busch hasn’t indicated that he has any issues with that rationale. Instead, the question is whether policymakers had enough information — in the proper manner spelled out by two generations’ worth of legal battles over land use decisions in California — to make their unanimous decisions to approve the Bike Plan in 2005 and again in 2009, after completing a court-ordered, four-volume, two-year, $2 million environmental impact report.

Miles argues that the EIR is legally inadequate in every way possible, employing such gross hyperbole in condemning it as a hollow document that does nothing to explain or justify any of its conclusions that Busch told her at one point, “That’s such an over-argument, it leaves me wondering about the rest of your argument.”

But he’s certainly considering the rest of her argument that more analysis was required, going into great detail on the questions of whether the city studied and spelled out enough alternatives and mitigation measures, how much of the voluminous traffic survey data should be in the plan, whether there was enough support for the thresholds of significant impacts, and what the remedy should be if he finds some minor errors in the methodology.

Yet even Busch said there wasn’t a clear regulatory road map for the city to follow on this project. “There probably has never been an EIR for a project like this,” he acknowledged. It was the city’s decision in 2004 to do a Bike Plan that mentioned specific projects without studying them that led to the injunction and this extraordinarily complex EIR, which did detailed analysis on more than 60 projects.

“Once you get that complexity, the toeholds are everywhere to fight it,” activist Mark Salomon, who has long criticized city officials and bicycle activists for their approach to the Bike Plan, told us.

But Kate Stacey, who heads the land use team in the City Attorney’s Office, says the city will be in a good position to quickly create lots of bike lanes once this plan passes legal muster.

“The city can now go through the specific bike projects without having another step of analysis,” she told us. “I think it’s a complete and elegant approach even if it was more time-consuming at the outset.” Busch asked both sides to submit proposed orders by July 6 and responses to those orders by July 13, with a ruling and possible lifting of the injunction expected later this summer.

“No new taxes,” but fees and restrictions may apply

The agenda for the June 29 Board of Supervisors meeting reads like the fine print of a credit card statement, with fees piled upon more fees.  Mayor Gavin Newsom is proposing a slew of increases to sums that must be forked over for a wide array of city services or permits as a way to bridge a gaping budget gap. With major cuts to critical services in the face of a dramatic revenue shortfall, it’s not surprising that the city is tightening its squeeze to make up for some of the damage.

Some of the proposals make a certain amount of sense. There are higher fees proposed for an underground parking lot at Golden Gate Park, which could potentially help dissuade motorists and promote more environmentally friendly transportation options. There are higher fees for tow truck operators, which most anyone who’s ever involuntarily had their car towed could get behind. And the fee for discharging a cannon may go up from $400 to $636. While we’re pretty sure that last one is more likely to irk people who attend military ceremonies, we nonetheless take delight in imagining a rambunctious crew of pirates spilling into the board chambers to oppose it.

But this roster of Newsom’s new hidden fees begs an important question: Why is a mayor so adamantly against raising taxes bent on vacuuming more money out of the pockets of small business owners with higher fees? After all, many of these proposed increases will squeeze struggling, Mom-and-Pop businesses just a little tighter. City permits for auto wreckers, billiard parlors, junk dealers, and massage establishments may go up significantly. The fee for taking an EMT course may get higher. Permits for selling food on the street, driving a pedicab, dealing in second-hand auto parts, or operating a shooting gallery could also increase. Even the annual permit fee for street artists (several of whom we wrote about in our Streets Issue) is getting more expensive.
 
The list of fee hikes is on the agenda for Tuesday’s meeting, and was referred to the full board by the Budget & Finance Subcommittee. Supervisors recently proposed a number of new revenue generating measures including a nickel-per-drink tax on alcoholic beverages, an increase to the hotel tax, and a restructuring of the business payroll tax.

“There are no new taxes in this budget,” Newsom declared during a June 1 announcement in which he unveiled his 2010-2011 budget. “I know some folks just prefer tax increases. I don’t.”

But why reject taxes outright and then quietly propose a bunch of fees that will place a higher burden on the individuals they impact?

“No new taxes” may sound like music to the ears of a public awash in financial woes, but Newsom’s hidden fees are not unlike taxes. Under this philosophy, it’s not desirable to ask everyone to pitch in an extra nickel the next time they buy a cocktail, but there’s no problem with asking the bar to fork over hundreds more annually for a health inspection. That doesn’t seem to be as simple as a campaign-ready “no new taxes” slogan, but then again, there’s a reason credit card companies bury their hidden fees in the fine print.

SUV rampage victim speaks about the night he was hit

A line of television news cameras swiveled toward Rolando Casajeros, known to his friends and coworkers as “Allan,” and followed him as he moved gingerly into the conference room at a downtown San Francisco law office. The press conference was held on June 24 at the office of Choulos, Choulos & Wyle, the law firm tapped to represent him in a civil suit against the driver of the blue Nissan Rogue SUV that rammed into him June 2.

Casajeros was the first of four victims to be intentionally hit by the SUV driver on a rampage, only a few doors down from his home, near the intersection of 24th and Harrison streets in San Francisco’s Mission district. Since surviving the hit-and-run, his life has been turned upside down.

As he took a seat before three microphones, it became obvious that he had sustained very serious injuries. A scar zigzagged across the top of his shaved head, and a second scar crossed vertically down his forehead, marks from intensive surgery he’d endured to alleviate bleeding in his brain. His front teeth were missing and his lips were swollen. While his attorney, Claude Wyle, explained that he had sustained 12 facial fractures, jaw fractures that left him with a wired jaw, and mouth injuries in addition to the complications that necessitated brain surgery, Casajeros kept his eyes closed. “He’s very brave to come here today,” Wyle said gently.

When asked what he remembered from that night, Casajeros opened his eyes and looked up. Speaking in a low tone, he replied that he’d gone out to buy something from Safeway, and had a few grocery items with him as he biked home. The next thing he remembers is blacking out. “Bam, that’s it,” he said. “I just remember I flew in the air. That’s it.” Two nights later, he woke up in the hospital.

Casajeros underwent 19 hours of intensive surgery. He said he “almost fainted” when the doctor conveyed to him the extent of the damage. Since being released from the hospital last week, he’s been staying with the family of his best friend, Ronnie Guinto, who is a care provider by trade. Casajeros, who is originally from the Philippines, is the godfather of Guinto’s children.

The children’s mother, Kellie Arechiga, also spoke at the press conference, saying she wanted to get the word out about this weekend’s fundraiser at the Old Clam House to help cover expenses while he recovers from the traumatic experience. Casajeros has worked as a waiter at the Old Clam House for 12 years. He does not have health insurance, but there is a chance that the city’s Healthy San Francisco program will step in to assist with medical payments. State funds earmarked to aid victims of violent crime may also be available to him, according to his attorney.

Earlier on the day he was struck by the SUV, Casajeros and Guinto had gone out for a long recreational bike ride. “I love bikes,” Casajeros told the reporters. “I love to go biking. I go running. I’m an active person. But after this, I don’t know.” Casajeros cannot imagine why he was targeted, or why the man accused of going on the rampage, 39-year-old David Mark Clark of Albany, would have plowed into him and three others seemingly out of nowhere.

“To all the bike enthusiasts – be careful,” Casajeros said.

Wyle said it sometimes takes an outrageous event to highlight a broader trend of motorists behaving aggressively toward bicyclists in traffic. “There are many, many instances … where motorists are intentionally or recklessly endangering the lives of bicyclists,” said Wyle, who has taken many cases involving bike accidents.

Casajeros — who lives paycheck to paycheck working as a server in San Francisco — is not expected to be able to return to work for at least three months, according to the most optimistic estimate. In the meantime, he is in need of assistance to cover monthly expenses like rent, car payments, and transportation to and from his physical therapy appointments. Information on how to make a donation to a charitable trust fund set up by his attorney can be found here. Meanwhile, his friends and coworkers are still in need of items or services for a raffle at Sunday’s fundraiser at the Old Clam House.

The fundraiser will be held on Sunday, June 27, from 3 p.m. to 10 p.m. at the Old Clam House, 299 Bayshore Blvd, near Oakdale Avenue. $20 gets you a plate of food, one free drink, and two raffle tickets. There will also be live music and a DJ. Anyone wishing to make a donation for the raffle should e-mail Kelliearechiga2000@gmail.com.

Oakland joins the car-free “ciclovia” movement

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Joining American cities including Portland, San Francisco, and New York in borrowing the temporarily car-free ciclovia concept pioneered in Bogota, Colombia, Oakland officials will clear the automobiles from the heart of the city this Sunday for its first Oaklavia event.

The city’s invitation to “come play in the streets of Oakland” from 10 a.m. to 2 p.m. mirrors SF’s Sunday Streets call that brought thousands of people into the streets of the Mission District last Sunday, an event that will be repeated July 11 before moving to Great Highway Aug. 22 and the Western Addition Sept. 19.

“The heart and soul of a city is its pedestrians spaces,” former Bogota Mayor Enrique Penalosa, who started the trend, told the Guardian during a visit to San Francisco last year, emphasizing the value of borrowing space from cars to to create temporary parks, particularly in resource-strapped cities such as Oakland. “In a poor city, the inequality is felt most during leisure time,” he said. “My main concerns are equity and happiness and the way cities can contribute to those things.”

Kim launches D6 campaign, stressing independence from “machine” politics

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Jane Kim launched her campaign for the District 6 seat on the Board of Supervisors last night during a spirited event at 111 Minna, showcasing some high-profile supporters and giving a speech that began with touting her early work on immigrant rights and homeless issues and ended with the declaration, “I’m not part of anyone’s machine and I’m certainly not a part of anyone’s master plan.”

That emphasis on her independence could be seen as a subtle dig at Debra Walker, another progressive who has been running for the seat for the last two years, who locked down early support from many progressive groups and officials, and whose supporters were unhappy with Kim’s late decision to enter the race, concerned it might split the vote and allow downtown-backed Theresa Sparks — who could be viewed as a “machine” candidate on the other end of the political spectrum — to steal the seat for the moderates.

When I asked what “machine” she meant and whether the comment was a reference to Walker’s supporters, Kim wouldn’t clarify the comment, refusing to criticize the Walker campaign and saying only, “I want to be a part of a new political process.”

And that new process seems to rely heavily on the energy of young people, including many of color, who dominated the crowd last night. Kim also signaled that she will be pushing a fairly bold progressive agenda that includes more city support for schools, Muni, immigrants, and low-income families, and making the streets more vibrant and democratic.

“The mantra of our campaign is to make our neighborhoods complete,” Kim said.

She proposed making substantial pedestian and bicycle improvements on several streets in her district, including 2nd, Folsom, Taylor, and Turk streets, creating more bikes lanes that are separated from car traffic, and turning many of the alleys in her district into more active public spaces. She called for the city to help fund youth programs and a longer school year and to offer more support to small businesses, which she called the city’s most important job generator.

Kim, a civil rights attorney and president of the school board, also emphasized the need to improve the tone of political debate in the city, which she helped accomplish on the school board (whose vice president, Hydra Mendoza, an employee of Mayor Gavin Newsom, was there in support). “People are disillusioned and disappointed with the process and the bickering,” Kim said.

Among Kim’s supporters at the event were Board of Supervisors President David Chiu, former Mayor Art Agnos, filmmaker Kevin Epps, Police Commissioner and immigrant rights activist Angela Chan, transportation activist Dave Synder, and representatives from a wide variety of community groups.

“She has epitomized the progressive values that I think all of San Francisco shares,” Chiu told the crowd, later adding, “She will be a part of the next generation of political leaders of San Francisco.”

“I’m really proud that Jane has put herself out there as a future leader and our supervisor,” said Epps, later adding, “I think Jane really has her ear to the streets.”

Kim pledged to run a clean campaign focused on her issues, and her only supporter to voice overt criticism of Walker was Agnos, who said he was impressed with Kim’s work with him last year in fighting Prop. D, which would have removed mid-Market from the city ban on new billboards, a measure that Walker supported.

“Prop. D for me was a tipping point, and Debra went with the commercial interests,” Agnos told the Guardian.

But Kim, 32, says her reason for running is to help push a progressive vision for the city and bring new blood into the political process.

“I have to tell you, I never wanted to go into politics,” she told the crowd. “But I had the desire to see some real change.”

Bike Plan hearing yields lots of detail but no decision

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The fate of San Francisco’s Bicycle Plan and the four-year-old court injunction against implementing its projects remains unclear following a nearly three-hour hearing today that delved deeply into the minutiae of traffic studies, mitigation requirements, and the dictates of the California Environmental Quality Act.

But Superior Court Judge Peter Busch did make a few things clear, most notably that it’s a legitimate decision for city leaders to give more street space to bikes, even if it slows down cars or Muni. “That’s the policy question that’s not for the court to decide,” he said, cutting off plaintiff attorney Mary Miles’ repeated arguments that the city shouldn’t be favoring bicyclists because they are a minority of road users. He later repeated the point: “I don’t get to decide that the Board of Supervisors’ policy is misguided.”

The issue at hand – which was argued to a level of detail that only a lawyer or traffic engineer could really appreciate – was whether policymakers had the benefit of a full analysis of all the various impacts and options before they unanimously decided to certify the four-volume EIR and green light 45 of the 60 near-term bike projects it studied.

“The analysis had to occur before the city approved the project,” Miles, who sued the city along with anti-bike activist Rob Anderson back in 2005, told the court today, charging that “there’s no mitigation or analysis in the EIR” that their suit forced the city to prepare and adopt last year.

Deputy City Attorney Audrey Williams Pearson strongly disagreed, asserting that “one of the great things about this EIR is the breadth of alternatives studied” and noting, “For complicated projects, caselaw is clear that it’s almost impossible to eliminate all impacts.”

And this is certainly a complicated case, as all sides acknowledged. Part of the reason for that was the city’s 2004 decision to mention dozens of specific projects in the plan – a legal strategy some bike activists have criticized – without doing a full EIR, which has proven to be a complicated endeavor that took two years and blazed a new regulatory trail because of all the intersections and factors it needed to study.

“There probably has never been an EIR for a project like this. This is a strange project to prepare an EIR for,” Busch acknowledged, noting the difficulty in deciphering what is then legally required by CEQA. In the end, he gave no indication how he was leaning, asking both sides to submit proposed orders by July 6 and responses to those orders by July 13, meaning that it will likely be at least another month (and up to 90 days) before we have a ruling.

But Busch certainly didn’t seem to buy Miles argument that this was a fatally flawed study that did little to study alternatives or mitigation measures, which she charged was a gross violation of CEQA and abuse of the city’s discretion.

Miles seemed to be throwing out a wide range of accusations hoping that something would stick, belittling every city claim to have diligently looking at alternatives and employing hyperbole and sweeping denunciations with such regularity that Busch finally challenged her on it.

“That’s such an over-argument it leaves me wondering about the rest of your argument,” Busch said after Miles asserted that the voluminous EIR contained no references to any of its underlying studies and source data.

Busch also noted the contradiction between her complaints that the EIR didn’t include all the traffic count data that went into its formulas for determining changes to the level of service at intersections and her complaint that the EIR was too big and unwieldy. “So you’re saying the info should have been added to what you say is already an overlarge EIR?” Busch asked.

Later, he took Miles to task for advocating that the threshold the EIR used for determining whether delays to Muni service rose to the level of a significant impact should have been the subject of separate public hearings, just as she argued that virtually every detail in the plan should have been explicitly laid out in full detail and subject to challenge.

“You’re describing an endless process that would be impossible to comply with,” Busch told Miles.

In fact, Pearson said CEQA specifically says such fine details shouldn’t be in EIRs. For example, while the EIR discusses impacts to the level of service at every intersection affected by the plan – a complicated formula involving 30 different data points, which were in a Transportation Impact Study that the EIR referenced – she said it didn’t need to all be in the EIR. “If this detail was in the EIR, it would turn the four-volume EIR into an eight-volume EIR,” she said.

Miles challenged the city on not going into that same level of detail in justifying why potential mitigation measures for each impact weren’t included in the EIR, something Pearson argued isn’t legally required (although she did trip up in citing a case that did require such analysis, saying that court ruling was wrong and earning a rebuke from Busch, who said it’s not in his power to overrule a higher court’s ruling).

Pearson also noted that for all the complaints about not studying enough alternatives, neither Miles nor Anderson have suggested any. “I think it’s telling that the petitioners haven’t come up with a single alternative that we should have looked at,” Pearson said before acknowledging the point by Miles and Busch that’s not incumbent upon petitioners in cases like this.

But Pearson seemed more persuasive when she noted that in a built out city, there’s only so much the city can do to find creative ways to offset the traffic impacts of giving more space to bikes. “This is not your typical project. We are not working on a blank slate. We are working within the constraints of the city’s existing roadways,” Pearson said.

In the end, Busch asked both sides what the remedies might be if he finds some flaws in the EIR, expressing a desire to wrap this case up without extending the current wide-ranging injunction against all bike projects. But Anderson said the hearing gave him hope that the judge might not let the plan proceed without more work: “It’s taken longer than I thought, which tells me he has some serious concerns.”

Sunday Streets contrasts with SF’s bike injunction

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A day after bicyclists and pedestrians took over the streets of the Mission for the popular, incident-free Sunday Streets, and a day before the court hearing on whether to end the four-year-old injunction against bike-related projects in San Francisco, Judge Peter Busch today (6/21) issued a noncommital tentative ruling in the case, indicating he needs a hearing on myriad technical details to reach a decision.

Most members of the city’s bicycling community see the injunction as surreal and are simply unable to understand how the California Environmental Quality Act could be used to hinder a transportation option that is clearly a boon for the environment. The answer, say critics, lawyers, and Judge Busch, is that the city should have done an expensive EIR first to probe the finest of details of exactly how more bike lanes would disrupt traffic.

Or as Busch put it in his temporary ruling, he wants to explore questions such as: “1) WHAT OTHER ALTERNATIVES OR MITIGATION MEASURES DOES PLAINTIFF CONTEND RESPONDENT SHOULD HAVE ANALYZED OR CONSIDERED? 2) WAS RESPONDENT REQUIRED TO INCLUDE DATA UNDERLYING TRAFFIC LOS AND, IF SO, DID IT SATISFY THE REQUIREMENT? 3) DID RESPONDENT ABUSE ITS DISCRETION BY USING A SIX-MINUTE THRESHOLD TO ANALYZE TRANSIT IMPACTS?”

It’s a level of detail that only lawyers and traffic engineers can appreciate, and to the casual observer, it’s a level of detail that could maddeningly extend this entirely unreasonable injunction. And Sunday Streets was a great example of why it’s so unreasonable. Here’s an event that disrupted far more cars and buses than the Bike Plan would over a month, and it was done with no EIR and with no major problems.

Why? Because CEQA has an exception for temporary events, which is certainly a good thing. But if CEQA is used to extend this injunction for another month, or a year, then it’s time to revisit this unreasonable law and whether this was ever a reasonable ruling.  Because the harm he’s doing by dragging this case out for a year after the city completed the EIR – to bicyclist safety and to the environment when people are afraid to bike and choose to drive — certainly outweighs any harm this plan will do.

The insanity of cutting pensions

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The New York Times has picked up the pension-reform banner, promoting the issue to the lead story on the front page of the June 20th issue.


If, as the Times reports, some of the reformers want to cap pensions – that is, go for the folks at the very top of the pile – it’s worth discussing. But most of the “reform” ideas involve either cutting the take-home pay of existing employees, cutting the take-home pay of pensioners or making sure that future workers don’t get as much of a pension.
The problem with that is simple: We’re in a deep recession. And the last thing we need to do is cut paychecks and encourage people not to spend money.


Let me quote from a brilliant blog post on Calitics.com from the always insightful Robert Cruickshank:


Cutting pensions would be like taking a shotgun, aiming it at our feet, and pulling the trigger. It would cause a cascade of economic problems that would dramatically worsen our economic crisis…


And yet the solution being proposed – slashing benefits – will do absolutely nothing to make state government fiscally solvent. It will mean there’s less money available to spend, meaning less sales tax revenue. Less consumer activity means there’ll be less jobs available, meaning less income tax revenue. With fewer jobs available, and wage stagnation, and now the added financial burden of paying the costs of retired family members that used to be borne by the pensions and other state services that have been cut, younger folks won’t be able to sustain the economy. Retirees and baby boomers will have to sell their homes for the cash, and in a recessionary environment where the young aren’t able to afford the present market value, home values will spiral downward, causing further economic ripple effects as well as reducing property tax revenues.
 
… The notion that ‘everyone needs to give back’ just doesn’t make sense given our economic distress. We’ve already given back too much. We gave back our wages. We gave back our ability to afford health care and housing and transportation. We gave back the robust public sector services that created widespread prosperity in the 1950s and 1960s. We gave back affordable, quality education. And too many of us have given back our future.
No, it’s time for someone else to give back. It’s time for the wealthiest Californians, and the large corporations, to give back. For 30 years now they have benefited from economic policy designed to take money and benefits from the rest of us and give it to those who already have wealth and power.
We are now experiencing the predictable outcome of such policies – the worst recession in 60 years, an intractable downturn. The way out isn’t to worsen the crisis by slashing pensions. The way out is to return to the sensible tax rates of the 1950s and 1960s and make the rich pay.


That’s what I’m talking about.