Willie Brown

Eating humble pie with Glendon “Anna Conda” Hyde

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It was with a sinking feeling that I read the comments that Glendon “Anna Conda” Hyde’s supporters left on the Guardian’s website last week, after I wrote about the DCCC questionnaires last week—and managed to screw up by omitting Conda/Hyde from my hasty round up.

“How is it that you’ve omitted Anna/Glendon from your election roundup?” was one of many similar comments made by Conda/Hyde’s outraged supporters. “This looks awfully like PREJUDICE, darlings. You should be ashamed of yourselves. Anna/Glendon’s candidacy is not a joke. S/he is one of the most promising progressive voices in SF. Wake up.”

So, I picked up the phone, and called Conda/Hyde to offer my humble apologies.

And today we sat down and talked about the role of the media and political endorsement clubs in propping up the marginalization of marginalized candidates and communities—and the role of radical queers in pushing back against the status quo and the political machines.

Conda/Hyde kicked off by recalling how the DCCC offered congratulations on the campaign’s artwork.

“But then they said you are not a viable candidate, and have you thought about taking the spotlight off yourself,” Conda/Hyde claimed.

(After our interview, I put in a call to DCCC chair Aaron Peskin. He had no recollection of the conversation going down quite like that. But Peskin also noted that the DCCC had done a ton of interviews recently.

“I like Glendon and I remember him appearing,” Peskin said. “But I don’t remember anyone telling him he was not viable.”

But with 26 candidates in the D. 6 race, and 27 candidates in the D. 10 race, it’s likely that some similar-minded candidates in those contests may decide, or be advised, to rally together between now and the election to increase the chances that  “the bad guys” don’t win, right?

“You’d think,” Peskin said. “That’s why I dropped out of the Board of President’s race when Willie Brown’s guy looked like he was going to win, and as a result, Matt Gonzalez won the race.”)

Anyways, back to my interview with Conda/Hyde, who also claimed that D. 6 candidate h.brown recently got barred from a small business debate in SoMa.

I wasn’t at that particular forum, or the D. 10 debate that the SF Young Dems recently hosted in the Bayview.

But I have watched videos of the outrage that was triggered at the Young Dems forum, when D. 10 candidates Dianne Wesley Smith, Nyese Joshua, Ed Donaldson, Marie Harrison and Espanola Jackson were excluded from the debate, even though the Bayview is where they are based.

And it’s similar to the outrage that Conda/Hyde supporters understandably felt when their candidate’s positions on issues like Mayor Gavin Newsom’s sit-lie legislation weren’t included in my original summary of the DCCC questionnaire. Especially since Conda/Hyde led the pushback against Newsom’s sit-lie measure.

“Marginalized districts, marginalized candidate voices,” Conda/Hyde observed.

The point Conda/Hyde is making here is that all candidates bring unique voices and perspectives to a race, and they provide marginalized communities with a rare opportunity to push back against powerful interests and ill-advised measures before this or that political machine can shoe horn its preferred slate into office.

“I was the first candidate to come out against sit-lie aggressively,” Conda/Hyde noted, by way of example.

At this point in our conversation, Labor leader and DCCC member Gabriel Haaland, who sat in on today’s meeting and voiced sharp criticism of my Conda/Hyde omission last week, chimed in.

“So many candidates were ducking sit-lie, so when I introduced a resolution opposing sit-lie at the DCCC, so many people were pissed off,” Haaland said. “And it was refreshing to see Anna Conda vocally opposing sit-lie in drag on Polk Street.”

Haaland added that he’d be working for Conda/Hyde’s campaign, “if not for a 15 year friendship with Debra Walker.”

And then he pointed to the central role that radical queers have played in pushing for political change.

“The first queer to run for elected office was a drag queen,” Haaland observed. “Radical queers have always been leading the movement, busting a move and changing the world. And Anna Conda is more the Harvey Milk of the race, in my opinion.”

“You reflect my radical queer positions more,” Haaland continued, addressing Conda/Hyde direct.  “And you have a real base in the district in a way that Theresa Sparks does not. But people are moving into the district and having bases created for them.”

Conda/Hyde then observed that plans are afoot for an inclusionary District 6 forum.

“Jane Kim and I are getting together to do a forum that includes all the D. 6 candidates,” Conda/Hyde said, “We’ll be including James Keys, Dean Clark and Fortunate ‘Nate’ Payne, who are all out there working hard on their campaigns, as well.”

The ability to raise funds is often an indicator of whether a candidate is viable. Campaign finance records show that Conda/Hyde has applied for public funds, the application is under review, and that Jane Kim, Jim Meko, Theresa Sparks, Debra Walker and Elaine Zamora have qualified for public financing in the D. 6 race.

That level of public fund raising is only bested by D. 10 where Malia Cohen, Kristine Enea, Chris Jackson, Tony Kelly, DeWitt Lacy, Steven Moss, Eric Smith and Lynette Sweet have already qualified for public financing, and Diane Wesley Smith, has her application under review.

(In D. 2, Kat Anderson and Abraham Simmons have already qualified for public funding. In D. 8, Rafael Mandelman, Rebecca Prozan and Scott Wiener have already qualified, and Bill Hemenger’s application is under review.)

At the end of our meeting, Conda/Hyde talked about name recognition problems.
“I have a lot of name recognition as Anna Conda, and not as much as Glendon Hyde,” Conda/Hyde noted, choosing to pose as Glendon Hyde next to his D. 6 campaign sign.
“I think I’ve already proven that I’m a drag queen,” Hyde explained.

“And not just a pretty face,” Haaland concluded.

 

 

 

What DCCC questionnaires reveal about Adachi reform, sit-lie and marijuana

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The DCCC makes its endorsements for the November election on August 11. And in preparation for that crucial endorsement, candidates filled out questionnaires that are posted online, providing fodder for those interested in Jeff Adachi’s pension reform, Mayor Gavin Newsom’s sit-lie ordinance, and the legalization of marijuana, amongst other measures.

But before we get to those issues, I have to admit I was a bit surprised to see that D. 10 candidate Malia Cohen, who has already secured the endorsements of Sally Lieber, Fiona Ma and Aaron Peskin, says on her DCCC questionnaire that she supports the death penalty.

Now, to be fair, advocating for or against the death penalty isn’t the duty of the Board of Supervisors. And I haven’t yet caught up with Cohen yet to clarify why she holds this stance, (or whether it was one big typo, though I somehow doubt it). So, I’ll be sure to update this post, once I have a chance to talk to Cohen, who was busy at yet another candidate forum, when I was writing this entry. UPDATE: Cohen says she does not support the death penalty, and that she inadvertently misanswered the question. (Thanks for clearing up the mystery, Malia, and being gracious about it in the process.)

I should mention that Peskin also endorsed D. 10 candidate Tony Kelly.

And I should also note that while D. 10 candidate Lynette Sweet’s questionnaire says she supports Jeff Adachi’s pension and healthcare reform, Sweet’s campaign says that’s not the case, pointing to how Sweet said at the Potrero Hill Democratic Club’s August 2 D. 10 forum that what Adachi did wasn’t a bad thing, but the way he went about it was.

I quoted Sweet saying those very words in a previous post, and Sweet’s campaign manager Shane Mayer told me that he forwarded what I wrote about that meeting to the DCCC to clarify Sweet’s position. But Mayer got testy when I asked him about the rent, or rather the lack of rent, that Sweet, who Mayor Gavin Newsom has already endorsed, appears to be paying for her campaign headquarters at 25 Division Street (at Rhode Island).

As Beyond Chron tells it, the deal looks more than a bit fishy, and appears to be bankrolled by the Visovichs, a family with Republican leanings that supported Mayors Willie Brown and Newsom in past election campaigns.

 Mayer tried to dismiss the Beyond Chron article as a “hit piece”.

“The article focuses on only one candidate,” Mayer said. “We’re paying fair market rate, and using only a small portion of a warehouse. When we moved in, we didn’t have lights.”

But Sweet isn’t the only D. 10 candidate to come under Beyond Chron’s fire in recent days: fellow D. 10 candidate Steve Moss also took flak for receiving $500 from Andrew Zacks, the landlord attorney famous for doing Ellis Act evictions.

While on the phone with Moss recently, I asked what he thought about Newsom’s sit-lie ordinance, Moss said he hadn’t made up his mind yet.

And in his DCCC questionnaire, Moss also waxes ambiguous on sit-lie. “There’s clearly a lack of civility in certain areas of the city,” Moss wrote. “And in Bayview-Hunters Point, youth loitering can create conditions that create violence. However, it’s not clear to me that sit-lie is an appropriate response to this issue, and that it won’t result in unintended consequences. For example, sidewalks in Bayview-Hunters Point are also often used for peaceful gathering of neighbors, which is community-building and non-threatening.”

Makes me wonder what Moss and the rest of the candidates think about City Attorney Dennis Herrera’s recent gang injunction in Viz Valley…

UPDATE: I should add here that termed-out D.6 Sup. Chris Daly has just endorsed legislative aide and D.6 candidate James Keys, whose DCCC answers I’ve included in my round up of some of the candidate responses to this year’s DCCC questionnaire. UPDATE: And for all the Glen “Anna Conda” Hyde supporters, my humble apologies for omitting your candidate’s positions in my first post on this issue:

Chiu’s non-citizen voting in School Board elections
Supportive of non-citizen voting:  Adachi, Sup. Michela Alioto-Pier and D. 2 challenger Janet Reilly, D. 6 candidates Glen “Anna Conda” Hyde, James Keys, Jane Kim, Jim Meko, Debra Walker and Theresa Sparks. D. 8 candidates Rafael Mandelman, Rebecca Prozan and Scott Wiener. D. 10 candidates Isaac Bowers, Cohen, Chris Jackson, Tony Kelly, Dewitt Lacy and Eric Smith.
Opposed: D.2 candidates Farrell and Berwick, D. 4 incumbent Carmen Chu, and D. 10 candidates Kristine Enea and Lynette Sweet.

Newsom’s ban on dual office holding

Supportive: Berwick, Farrell, Glen “Anna Conda” Hyde, Meko, Enea.

“Yes. Better distribution of power,” Anna Conda said.

Opposed: Adachi, Alioto-Pier, Reilly, Keys, Kim, Walker, Sparks, Mandelman, Sweet, Lacy, Kelly, Cohen, Wiener, Jackson, Smith and Prozan.
“This measure is the result of petty politics between the mayor and the Board,” Prozan, who contributed S100 to Newsom’s Lt. Governor campaign, famously wrote on her DCCC questionnaire.

Newsom’s Sit-Lie Ordinance
Supportive: Farrell, Alioto-Pier, Reilly, Chu, Sparks, Wiener and Sweet.
Opposed: Adachi, Berwick, Glen “Anna Conda” Hyde, Keys, Kim, and Walker. Mandelman and Prozan. Cohen, Jackson, Kelly, Lacy and Smith.

Adachi’s Pension Reform
Supportive: Adachi, Berwick, Meko, and Sweet
Opposed: Chu, Farrell and Reilly. Glen “Anna Conda” Hyde, Keys, Kim, Walker and Sparks. Mandelman, Prozan and Wiener. Cohen, Jackson, Kelly, Lacy and Smith.
No position, yet: Alioto-Pier.

Legalization of pot (Prop. 19)
Supportive: Adachi, Berwick. Glen “Anna Conda” Hyde, Keys, Kim, Meko, Sparks, and Walker. Mandelman, Prozan and Wiener. Cohen, Jackson, Kelly, Lacy, Smith and Sweet.
Opposed: Chu and Farrell

No position, yet: Alioto-Pier, Janet Reilly.

Hard to tell: Moss.

“I philosophically support this measure but am concerned that its economic and social implications haven’t been carefully considered, nor its interaction with federal law,” Moss wrote on his DCCC questionnaire.

Sparks for her part just clarified that she mistakenly answered “No” on two DCCC questionnaire items: “Do you opposeprivatization of essential government services,” and “Will you oppose anti-worker initiatives that seek to undermine the ability of union leaders to carry out will of members and engage in political activities.”

“I meant to answer yes, as I explained at my DCCC interview,” Sparks said. “I was confused by the double negatives.”

While she was on the phone, Sparks also admitted that the pace on the campaign trail is getting intense with forums and meetings every night.

“David Campos, who has been a good friend since we were both on the Police Commission, recently told me, ‘win or lose, you need to schedule a few weeks off in November when the election is over,’” Sparks said.

Campos is right. To all the candidates on the campaign trial, here’s wishing you lots of energy and calm in the weeks to come. And see you at the DCCC forum.

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D. 10 candidates split on Lennar’s plan

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One of the key questions at the Potrero Hill Democratic Club’s forum for D. 10 candidates revolved around Lennar’s Candlestick Point-Hunter’s Point Shipyard redevelopment plan.

The current Board of Supervisors recently approved Lennar’s plan by a 10-1 vote (D.6 Sup. Chris Daly dissented). Following that vote, Mayor Gavin Newsom rushed to sign twelve pieces of legislation that approve and enable what could shape up to be the largest redevelopment project in San Francisco´s history.

“Today is a historic day for San Francisco and a testament to so many who have worked for more than a decade to secure this critical engine for our City´s economic future,” Newsom said in a press statement, after he signed off on the Lennar deal. “I want to thank Sup. Sophie Maxwell for spearheading this effort throughout her entire tenure on the Board of Supervisors and our State and Federal representatives including Speaker Pelosi and Senator Feinstein as we take a giant leap forward towards our shared vision of jobs, housing, and hope for the Bayview-Hunters Point community.”

But with Maxwell termed out in January, the successful candidate in the D. 10 race stands to inherit a plan that has been approved, but apparently isn’t funded yet. And by my accounting, the majority of the candidates who spoke at the D. 10 forum expressed reservations with Lennar’s proposal, with only a few firmly against it, and only a few firmly in favor of it. But read their comments, decide for yourself–and keep tracking this fascinating race!

 
Asked how she would have voted on Lennar’s plan, Lynette Sweet, who voted to make Lennar the shipyard’s master developer when she was a member of the Redevelopment Commission in 1999, said she would have approved it.
“I voted for it then, and I would have voted for it now,” Sweet said. “And I want to be the person who shepherds it through in the next eight years.” But Sweet also sought to reduce the many ongoing questions about the plan–including housing affordability levels, local job creation, air quality impacts, and the  Navy’s related shipyard clean-up–to one simplistic issue: the bridge over Yosemite Slough.

“There’s been a lot of controversy over a bridge,” Sweet said. “But we don’t give up on people for a bridge. We just can’t.”

Eric Smith said he was supportive of the plan and the community benefits agreement, but he voiced criticism of the project’s environmental Impact report (EIR).
“The project’s EIR wasn’t perfect,” Smith noted. “And I wasn’t a huge fan of the bridge, but I’ve walked around Alice Griffith [a dilapidated public housing project in the Bayview] and when you see folks with moldy pipes, broken ceilings, and rats, it moves you. So, I’m supportive of it, and I’m supportive of the community benefits agreement [that the SF Labor Council negotiated with Lennar] and the jobs it can bring.”

Nyese Joshua said she would have voted against the plan, starting years ago.
“I would have voted to stop that project in 2006, when the dust issue was going on,” Joshua said. “And it’s a misnomer to claim the Board voted 10-1 for Lennar,” Joshua contined, as she pointed out that five progressive supervisors on the Board voted against the bridge and for air quality analysis, greater affordability and greater workforce protections. But ultimately, this progressive core was unable to pass those amendments, because Sups. Maxwell, Bevan Dufty, Sean Elsbernd, Carmen Chu, Michela Alioto-Pier and Board President David Chiu did not support them.
“That 10-1 vote is being called a pyrrhic victory,” Joshua added.


Kristine Enea indicated that she would have voted yes, but with reservations.
“I would have consistently voted yes to amendments, but there was no comprehensive transportation analysis,” Enea said.
Enea, who has served on the now disbanded Navy’s Hunter’s Point Shipyard Restoration Advisory Board, noted that she is “intimately familiar with the technical data,” surrounding the Navy’s shipyard clean-up plans.
“And I live a stone’s throw from the shipyard, and I believe we are safe,” Enea added.
“There is hope soon to be a restored public process on the Navy’s clean up,” Enea continued, referring to the Navy’s 2009 decision to dissolve the RAB.“But we need to be very vigilant that cleanup of Parcel E2.”

Malia Cohen said she would have supported Lennar’s plan,
“Lennar has dominated the lion’s share of our conversations,” Cohen said, noting that there are a bunch of redevelopment projects in the southeast. “So, we can’t be singular in our vision of what we want our community to look like. We can’t let Lennar dominate. But I’d have supported the project because I believe what Lennar represents is an extraordinary opportunity for us to pick ourselves up, organize and collectively voice what we’d like our community to look like. It’s imperative that Lennar’s plan moves forward, but it has to be environmentally sound.”

Steve Moss said he probably would have voted for the project’s EIR, but voiced concern about the lack of affordability within the project’s 10,500 units of housing.
“But nothing is more toxic than the shipyard than the conversation about the shipyard,” Moss added, noting that the Navy and US EPA have collectively committed to spend millions and millions on shipyard cleanup, but the community doesn’t trust the process.
“So, what went wrong with the conversation in a community that is clearly wounded?” Moss said. “We need to start having honest conversations. And we’re programming a lot of housing [within the Lennar development,] but not enough jobs.”

Stephen Weber said he would have voted for it.
“ I believe that we need it, that we can’t wait any longer,” Weber said. “But it goes back to oversight. It’s the responsibility of the city to make sure the developer and everyone connected to the development is held accountable and is made to follow through on procedures, and make sure affordable housing is mixed into the plan. It has to be a neighborhood built on diversity.”

Isaac Bowers said he’d have been in favor of sending the plan back to Redevelopment to be amended.
“This is a very difficult decision,” Bowers observed. “We all know that the area has suffered from many decades of neglect. But when I looked closely at the plan’s environmental impact report and the process, I didn’t think the range of alternatives for the bridge were sufficient. The demands for [greater oversight] of the shipyard clean-up were legitimate. The analysis of how many jobs in research and development was insufficient. There was no analysis of displacement. There were inadequate levels of truly affordable housing. We need to look at real jobs when we look at development. And the Redevelopment Agency has to be put back under the control of the Board. It can’t be allowed to put out fake projects that don’t benefit the community.”

Diane Wesley Smith suggested she’d have voted no when she pointed to Lennar’s “trail of broken promises.”
“And talk about collusion,” Wesley Smith said. “ I understand this was a done deal, five years ago.”

Geoffrea Morris said she would have voted no.
“There was a lot of money, a lot of power pushing the shipyard project,” Morris said.
“If this happened in any other community [in the city], it wouldn’t have happened,” Morris continued. And they wouldn’t have got rid of the [Navy’s community-based] restoration advisory board,” Morris added.”But ours is a poor community of minority people and a majority are African Americans.”

Chris Jackson said he would have voted yes, but with amendments.
“I would have supported the plan, but with amendments to ensure the full clean-up of the shipyard to residential standards, and to work towards on agreement on the bridge,” Jackson said.
 “We are a better city than just saying no,” Jackson continued, as he outlined ways to ensure that local workers get decent paying jobs, the community gets an expanded health clinic, the city includes a cooperative housing and land trust element to provide affordable housing, and the city is required to provide a supplemental environmental impact report.

Tony Kelly said he would have voted no–and noted that he was the only candidate to publicly testify against the certification of project’s EIR.
“I was the only candidate to testify against the environmental impact report and in support of the appeal [that three separate groups brought after the Redevelopment and Planning Commissions voted to certify the city’s EIR for Lennar’s plan],” Kelly said.
‘Michael Cohen, the Mayor of San Francisco,” Kelly half-jokingly continued, “has said the project is not going to be started to be built for at least 4 to 5 years. So, how can the city say, you must support the plan now, when it’s not going to happen for a long time?”

Marlene Tran said she can’t support the plan until the shipyard’s cleaned up.
Tran explained that initially, when Arc Ecology’s Saul Bloom gave the community a presentation about the plan, she was intrigued.
“It seemed to bring a lot of promises, but then Bloom presented ten of the deficiencies with the plan,” Tran said, referring to heavy metals and other toxins on the shipyard.
“I will make sure they will do the clean-up first,” Tran said. “If we go for it, and then construction workers and residents, get sick…well, there’s no way I can condone the project, until it’s absolutely clean. And what if the developer goes bankrupt?”

Espanola Jackson gave folks a history lesson
“When I learned that the shipyard was a Superfund site was not until 1990, because we was illiterate about environmental justice in a black community,” Jackson recalled. “I thought environmental justice was white kids chasing whales. But then I went to Monterey and learned about restoration advisory boards [RABs].”

Noting that the local community got its own RAB in 1994, Jackson recalled how former Mayor Willie Brown appointed Lynette Sweet to the Redevelopment Commission, before the Commission voted 4-3 in 1999 to select Lennar as master developer for the shipyard.
“Willie Brown brought in Lynette Sweet to be the swing vote to bring Lennar into the community,” Jackson said.

DeWitt Lacy said he wouldn’t have supported the plan, as it was, and given the Board’s limited ability to amend it under the city charter.
“I’d have supported the plan, if I’d had the power to amend the project’s environmental impact report and get it done right,” Lacy explained.
Lacy faulted the plan for carving up a state park, building a bridge over an environmentally sensitive slough, and not doing enough to ensure local jobs or guarantee benefits.
“Folks didn’t believe it was important for black folks to have state park land, but it’s important for our kids to have this,” Lacy said. “The state has spent $5 million to rehabilitate Yosemite Slough… And a ‘good faith’ agreement [around local hiring quotas] doesn’t get it for me. We have to have absolute certainties to make sure our people get the benefits.”


You can watch video of both the D. 10 forums, which were moderated by Keith Goldstein, here. And stay tuned for coverage of the endorsements and financing behind each candidates’ campaign. D. 10 is already shaping up to be one of the most fascinating and pivotal races in the fall.


 


 

The deal is done

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Mayor Gavin Newsom was quick to frame the Board of Supervisors’ 10-1 vote for Lennar Corp.’s massive redevelopment proposal for Candlestick Point-Hunters Point Shipyard on July 27 as a sign that plans to revitalize the Bayview are about to begin.

“Now we can truly begin the work of transforming an environmental blight into a new center of thousands of permanent and construction jobs, green technology investment, affordable housing, and parks for our city,” Newsom claimed in a prepared statement after the board (with Sup. Chris Daly as the lone dissenter) approved Lennar’s 700-acre project.

The proposal calls for 10,500 residential units; 320 acres of parks, retail and entertainment facilities, green-tech office space; and a San Francisco 49ers stadium if the team decides not to move to Santa Clara.

But Kofi Bonner, who worked for Mayor Willie Brown before becoming Lennar’s top Bay Area executive in 2006, said the vote means he can start shopping the plan around. “Now we have to find some money to move forward with the project,” Bonner told the San Francisco Chronicle.

Given the stubbornness of the recession, Bonner’s revelation that Lennar has yet to find all the necessary investors means local workers and public housing residents could be waiting a long time for jobs and housing in Bayview. If and when the project finally breaks ground, it will involve building condos in the Bayview’s only major park.

These realities undermine the claims of Lennar, which used the mantra of “jobs, housing, and parks” in 2008 to sell Proposition G but made no mention of a bridge over environmentally sensitive Yosemite Slough or selling state parkland for condos.

Also disturbing, says Sierra Club local representative Arthur Feinstein, is the lack of any economic analysis to support Lennar’s claims that the bridge is needed.

Indeed, the only thing clear to longtime observers of the plan is that the much vaunted jobs won’t happen soon, most of the housing will be unaffordable to current Bayview residents, and Candlestick Point State Recreation Area, the only major open space in the Bayview, will be carved up so Lennar can build luxury condos on waterfront land.

These concerns have led the Sierra Club to threaten a lawsuit over issues on which Board President David Chiu was the swing vote in favor of the Lennar and Redevelopment Agency plan. Yet Chiu told the Guardian that the process got him thinking that it might be time to reform the redevelopment process.

“Now might be a good time to address concerns about the potential for inconsistency between Redevelopment and the city when it comes to land use and planning visions,” Chiu said. “And I have concerns about the tax increment financing process.” Tax increment financing allows the Redevelopment Agency to keep all property tax increases from the project, up to $4 billion, to use in redevelopment projects rather than into city coffers.

Chiu says the amendment he offered July 12, which narrows Lennar’s proposed bridge over Yosemite Slough by half, was based “on the belief that having a connection between jobs and housing is important. And I had understood that it would cost the developer an additional $100 million if the bridge was removed.”

But Feinstein counters that it’s hard to imagine that building a bridge over an environmentally sensitive slough will attract investors that support green technology. He is concerned that the development is expected to attract 24,465 new residents but that the Lennar plan fails to mitigate for transit-related impacts on air quality. “The Bayview already has the highest rates of asthma and cancer in the city,” Feinstein said.

Chiu says the supervisors can introduce separate legislation to address this concern. “It’s my understanding that an air quality analysis could be implemented by the board,” he said.

Although the board’s July 27 vote was a relief for termed-out Sup. Sophie Maxwell, its failure to support the no-bridge alternative, increased affordability standards, and an air quality analysis could result in expensive and time-consuming litigation, Feinstein warns.

And although Sups. Chris Daly, Ross Mirkarimi, David Campos, John Avalos, and Eric Mar supported all three of these amendments, they were ultimately thwarted by a redevelopment law that limits the city’s control of such projects.

During the meeting, Daly acknowledged that it would be impossible for Lennar to meet his 50 percent affordability amendment. But he noted that if the project becomes too expensive “there’s going to be a pretty new neighborhood with lots of white folks living in the Bayview.”

But after Michael Cohen, Newsom’s top economic advisor, said the project would not be financially viable with 50 percent affordability, Sups. Chiu, Maxwell, Bevan Dufty, Michela Alioto-Pier, Carmen Chu, and Sean Elsbernd voted against Daly’s amendment.

These same six supervisors voted against Mirkarimi’s proposal to eliminate plans for a bridge across Yosemite Slough, even though Cohen was unable to point to any economic analysis to support Lennar’s claims that the bridge is necessary.

Arc Ecology owner Saul Bloom, whose nonprofit did studies indicating that an alternative route wrapping around the slough is feasible, says Lennar’s plan illustrates the problem that San Francisco has with development. “Elected officials couldn’t do anything,” he said, except give the nod to a plan he describes as “developed by a mayoral administration and approved by that mayor’s political appointees [on the Redevelopment Agency board],” Bloom said.

“The message that the environmental community takes away from all this is that it doesn’t pay to play well,” Bloom continued. “No matter how much you spend to try and ensure that litigation is not the only way to obtain the desired outcome, ultimately the message that comes back from the city and the developer is ‘sue us!’ That brings out the worst political conduct, not the most appropriate.”

Feinstein wouldn’t confirm that a Sierra Club lawsuit is imminent, but predicted that if the coalition — which includes Golden Gate Audubon, the California Native Plant Society, and SF Tomorrow — goes to court, it’s likely to win. “If we do litigate, we’ll probably do it on a wide range of issues,” Feinstein said. “They approved a fatally flawed document, and they could provide no documented evidence of the need for a bridge — and admitted that publicly.”

Feinstein contends that Lennar’s plan has been a runaway project from the get-go. “The idea was to march it through before the mayor is gone with little regard for process. And despite all the much vaunted public meetings, little in the plan has changed,” he said.

Feinstein added that he was disappointed in Chiu’s stance on the bridge. “There were five supervisors in the Newsom camp, but as board President, Chiu had a responsibility to be more vigilant,” he said. “We told him what’s wrong with the bridge plan, but he didn’t share our view.”

“This is a rare opportunity,” Maxwell said before the board’s final vote. “It focuses public and private investment into an area that has lacked it in the past. It’s unmatched by any development project in San Francisco. This project is large and complicated, no doubt. But let us not be fearful of this project because of its scale, because how else can we transform a neglected landscape?”

But project opponents say everyone should fear a deal that required the board to ask Lennar’s approval to amend a plan that was pitched by the Newsom administration and approved by a bunch of mayoral appointees on the Redevelopment Commission with little chance for elected officials to make changes.

Mirkarimi said the problem with a process in which redevelopment law trumps municipal law is that it creates a shadow government in those few municipalities in California where the Board of Supervisors or City Council is not the same entity as the Redevelopment Commission.

“This is not the first time Redevelopment’s plans have trumped the concerns of local residents,” Mirkarimi said, referring to the agency’s botched handling of the Fillmore District in the 1960s, which led to massive displacement of African and Japanese Americans.

“I’ve been told, ‘Don’t worry, Ross, this is not going to happen, we’re not going to use eminent domain.’ Well, jeez, that’s a consolation, because even when we’ve exercised our legislative influence and given our blessing, [Redevelopment] unilaterally changed the plan after it left the board,” Mirkarimi said, referring to Lennar’s decision to replace rental units with for-sale condos when it first began work on the shipyard in 2006. “That suggests a condescending role in which the developer is able to go to the Redevelopment Commission and make a unilateral change.”

Mirkarimi’s concerns seemed justified after Cohen, Bonner, and Redevelopment Director Fred Blackwell huddled in a corner of City Hall during the board’s July 27 meeting to decide which of the supervisors’ slew of amendments they would accept. When Cohen returned with the amendments organized into three categories (acceptable as written, to be modified, and completely unacceptable), Mirkarimi’s no-bridge amendment had been sorted into the “unacceptable” pile.

“With regard to your insistence on the economic reasons [for the bridge], please point to which document says that,” Mirkarimi said, leafing in vain through the project materials.

Cohen mentioned “a lessening of attractiveness,” “a lower-density product,” and a reduction of revenue available through tax increment financing to pay for the bridge.

“Yes, but I’m still trying to look for the information and all I’m hearing is this pitch,” Mirkarimi said. “The economic study is absent. There are no supporting documents here. This is why I feel it’s justified for us to have a review of this.”

Cohen rambled on about “rigorous public discussion over a number of years” and claimed that a “huge amount of studies had been done.”

“But there is no economic study,” Mirkarimi repeated.

The board then voted 6-5 against Mirkarimi’s amendment after deputy City Attorney Charles Sullivan said that the only way to remove the bridge — since the project’s environmental impact report had rejected that option — would be to reject the entire plan. “I wish we had been able to eliminate the bridge,” Campos told the Guardian after the vote. “Part of the challenge we have is to reexamine how Redevelopment works and explore the potential for taking it over.”

Daly believes the bridge has nothing to do with connecting the neighborhood to the city. “The idea is to allow white people to get the fuck out of the neighborhood,” he said. “And it connects a different class of people to a new job without having to go through a low-income community of color. That’s why the bridge is needed.”

Mirkarimi said he was satisfied that he had dissected the arguments against the no-bridge alternative but fears that institutional memory is lacking on the current board. “A lot of my colleagues have not been involved in the debacle,” he said, referring to decades of problems with redevelopment in San Francisco. But Maxwell was all smiles. “I did my homework a long time ago — that’s why they couldn’t touch the core of the project,” she said. “They just added to and augmented it.”

Board had to ask for Lennar’s approval…

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Images by Luke Thomas

The Board of Supervisors found itself in the humiliating position July 27 of having to ask for the approval of Lennar and the city’s Redevelopment Agency before it could amend Lennar’s massive redevelopment plan for Candlestick Point-Hunters Point Shipyard.

If that’s not an argument for reforming how this city approaches redevelopment, I don’t know what is. Especially since the Board’s meeting illustrated only too well how thoroughly Lennar’s local executives, who used to work for the city under Mayor Willie Brown,  understand this game and how to outfoxed any resistance to their ongoing effort to eat San Francisco whole.

“This is a rare opportunity,” Sup. Sophie Maxwell said ahead of the Board’s 10-1 vote (Sup. Chris Daly was the lone dissenting voice) to approve Lennar’s entire plan. “It focuses public and private investment into an area that has lacked it in the past,”continued Maxwell, who represents the district that encompasses the shipyard and Candlestick Point. ” It’s unmatched by any development project in San Francisco. This project is large and complicated, no doubt. But let us not be fearful of this project because of its scale, because how else can we transform a neglected landscape?”

But who wouldn’t be afraid of a deal that found Maxwell, Board President Chiu and Sups. Michela Alioto-Pier, Carmen Chu, Bevan Dufty and Sean Elsbernd joining forces to vote against Sup. Ross Mirkarimi’s proposal that Lennar be required to include a non-bridge alternative?

And who wouldn’t be doubly afraid, given that these six supervisors took that vote after Michael Cohen, Mayor Gavin Newsom’s top economic advisor, was unable to point to a single document to support his claims that Lennar’s $100 million bridge over an environmentally sensitive slough is actually needed?

Talk about scary.

To his credit, Mirkarimi did a good job of illustrating what’s wrong with a process that allows a private developer like Lennar to pitch plans and get mayoral appointees to approve them, but doesn’t allow San Francisco’s elected officials to make any amendments unless the developer and Redevelopment agree.

At the root of this travesty is the fact that redevelopment law trumps municipal law, a power imbalance that creates a shadow government in those few municipalities in California where the city council or board of supervisors is not the same entity as the Redevelopment Commission.

San Francisco is one such municipality, and, as Mirkarimi explained, this is not the first time that Redevelopment’s plans have trumped the concerns of local residents.

“I’m the supervisor for the Fillmore, the first urban renewal laboratory took place in my district, and I vowed to never let it happen again, ”Mirkarimi said, referring to the massive displacement of African Americans and Japanese Americans that took place when Redevelopment decided to makeover the Fillmore in the 1960s.

“I’ve been told, “Don’t worry, Ross, this is not going to happen. We’re not going to use eminent domain,’” Mirkarimi continued. “Well, Jeez, that’s a consolation! Because even when we’ve exercised our legislative influence and given our blessing, [Redevelopment] unilaterally changed the plan after it left the Board. That suggests a condescending role in which the developer is able to go to the Redevelopment Commission and have a unilateral change.”

Mirkarimi was referring to how proposed rental units on Parcel A, the first parcel of shipyard land released for redevelopment, became for-sale condos at Lennar’s request, without the Board having any recourse, even though the area surrounding the redevelopment is ground zero for the city’s last remaining African American community and home to other low-income communities of color.

Deputy City Attorney Charles Sullivan explained that the s supervisors would require the approval of the developer and Redevelopment to amend Lennar’s latest plan, under Redevelopment law. Failing that, their only recourse would be to reject Lennar’s plan in its entirety–a nuclear option that only Daly seemed prepared to carry through.

Sup. David Campos noted that the city’s legal advice had been “somewhat of a moving target.” His comment suggested the Board had  been misled in the critical weeks before this final vote, including ahead of the Board’s July 14 vote to accept certification of the project’s final environmental impact report.

“When a number of us raised questions about the EIR, we were told we couldn’t, but that we would probably be able to make changes to the substantive plan,” Campos recalled. “But now we are getting a more complicated answer.”

Deputy City Attorney Sullivan said the situation was complicated, because some of the proposed amendments “don’t involve a simple stroke of the pen.”

But Campos pointed to the fact that Board President Chiu had introduced an amendment that only allows for a 41 ft. bridge across Yosemite Slough, thereby halving the width of the 82 ft. bridge that Lennar is proposing to build.

That amendment, which Chiu introduced July 12,  leaves the door open for the 82 ft. version of the bridge, if the 49ers indicate interest in a new stadium on Hunters Point Shipyard, a possibility the city claims is still alive, even though Santa Clara voters approved a new stadium for the 49ers this June.

“So, why can you amend the plan to include a scaled-down version of the bridge but not eliminate it altogether?” Campos asked.

“You can make that motion by voting not to approve the project,” Sullivan said.

“So, the change has to point to something already embedded in the project?” Campos asked.

“Or not be a rejection of everything that’s already been brought forward,” Sullivan replied.

After Mirkarimi proposed his no-bridge alternative, along with a slew of other amendments that Daly, Campos, and Sups. Eric Mar and John Avalos had been working on to strengthen the proposed development, Cohen, Mayor Gavin Newsom’s top economic advisor, huddled somewhere in City Hall along with Kofi Bonner,  Lennar’s top local executive and Fred Blackwell, the head of SF’s Redevelopment Agency to decide which of the Board’s amendments they would accept.

Cohen returned with the amendments organized into three categories: acceptable as written, modified, and completely unacceptable.

And predictably enough (to anyone  tracking Lennar’s insistence on a bridge) Mirkarimi’s no-bridge amendment had been tossed into the “unacceptable” pile.

“With regards to your insistence on the economic reasons for the bridge, please point to which document says that,” Mirkarimi said, leafing through the project materials that were piled on his desk.

Cohen mentioned a number of factors, including an alleged “lessening of attractiveness,” “a lower density product” and a reduction of property tax revenue that would be available through tax increment financing to pay for Lennar’s proposed bridge.

“Yes, but I’m still trying to look for the information, and all I’m hearing is this pitch,” Mirkarimi replied. “The economic study is absent. There are no supporting documents here. This is why I feel it’s justified for use to have a review of this.”

Cohen talked some more about “rigorous public discussion over a number of years.”

“But there is no economic study,” Mirkarimi repeated. At which point a deafening silence pervaded the Board’s venerable chambers, much as if the emperor had shown up without his proverbial clothes.

Deputy City Attorney Sullivan broke the silence by indicating that the only way for the Board to move a no-bridge alternative forward would be to stop all project approvals and send the plan back to Redevelopment.

And Mirkarimi reminded the supervisors that at the Board’s July 13 hearing, Cohen had said that there was no conclusive evidence around the need for the bridge.

But then the Board voted 6-5 against Mirkarimi’s proposal, a move insiders said was more about not pissing off Labor, which hopes to create jobs for iron workers, and not pissing off Lennar, whose control runs deep and wide, and less about being convinced of the actual need to build over the last unbridged waterway in the city’s southeast sector.

And a couple of amendments later, the Board gave its blessing and it was all kisses and hugs and applause in the Board Chambers, even though the folks from Dwayne Jones Communities of Opportunities (COO) program, who usually show up to support the plan, strangely weren’t in attendance, rumoredly because their program has been cut off at the knees in the last few weeks, following Jones resignation as COO’s director.

“I wish we had been able to eliminate the bridge,” Campos told me after the Board’s final vote. “I think part of the challenge we have is to reexamine how Redevelopment works and explore the potential for taking it over.”

Mirkarimi was satisfied that he had dissected the arguments against the no-bridge alternative, but feared that institutional memory is lacking on the Board, and that without fundamental Redevelopment reform, the city is in danger of seeing this kind of travesty repeated, over and over.

“A lot of my colleagues have not been involved in the debacle,” Mirkarimo said, referring to how Redevelopment’s infamous role dates back five decades, and how Lennar has been working the local political scene for longer than most of the Board’s current members.

But Maxwell was all smiles.
“I did my homework a long time ago, that’s why they couldn’t touch the core of the project,” she said. “They just added to and augmented it.”

With Maxwell’s days on the Board drawing to a close, I asked what she’s contemplating doing next.

“Sophie is looking into water policies and conservation,” Maxwell said. “Without blue there is no green.

It was about then that Mayor Gavin Newsom released a press statement that blabbed on in vaguely frothing terms about what would happen next.

“Now we can truly begin the work of transforming an environmental blight into a new center of thousands of permanent and construction jobs, green technology investment, affordable housing and parks for our City,” Newsom said

His words came shortly before Bonner said that Lennar would now start looking for investors, and shortly after Cohen admitted that it could be years before anything in Lennar’s plan actually gets built. But none of them mentioned that the Sierra Club and other environmental groups are planning to sue the City over the bridge, an outcome that could have been averted, Sierra Club officials warned, if the No-bridge alternative had been  included in the final redevelopment plan.

Stay tuned….

 

Lennar’s plan illustrates San Francisco’s redevelopment problem

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Today, the Board of Supervisors confirmed that though they are elected officials, they have been told that they can’t do anything except second a massive redevelopment plan for the Bayview that was developed, first by Mayor Willie Brown and then by Mayor Gavin Newsom’s administrations. in cohoots with Lennar, an out-of-state private developer, and approved by a bunch of Brown and Newsom’s political appointees.


“At this point, a deal has been done and the Board has been neutralized,” Arc Ecology’s Saul Bloom said today. “It says a great deal about the process.”


Bloom spent today visiting the supervisors to explain the problems with the current Lennar plan, including a bridge that is proposed to be built across the environmentally sensitive Yosemite Slough.


“Sup. Ross Mirkarimi said the bridge plan reminds him of the exact same through way that was argued for during the Fillmore plan,” Bloom said.”That would never happen now, at least not overtly,


Bloom added that shopping the no-bridge alternative around to the Board today wasn’t exactly uplifting.
“The sense we got was that we were dragging a dead body around.”


So far, Board President David Chiu has taken major heat by deciding to suggest a narrower bridge rather than no bridge.


But at least he took a stand. That is more than can be said for those colleagues of his on the Board that sat silently through the July 13/14 proceedings, presumably making sure they can be reelected with the help of deep-pocketed developers.


Here’s hoping that this latest redevelopment charade convinces the progressives on the Board to reform the Redevelopment Agency, so that private developers and political appointees can no longer trump the legitimate concerns of the residents of San Francisco and their duly elected supervisors


And no matter what people in the Bayview have been led to believe, the sad truth if that the promised jobs and housing aren’t likely to happen any time soon.


“The developer is not going to be running hog wild out there,” Bloom observed. “Part of the sad trick is that the only rush was for them to have control over the property.”


Bloom predicts that the plan will ultimately be headed to court.
“They will have lawsuits and elections to contend with,” he said. “The message that the environmental community takes away from all this is that it doesn’t pay to play well. No matter how much you spend to try and ensure that litigation is not the only way to obtain the desired outcome, ultimately the message that comes back from the city and the developer is, ‘Sue us!’ That brings out the worst political conduct not the most appropriate.”


The good news? Lennar’s Treasure Island’s EIR is on the street, and environmental justice advocates should be fully versed in reading such hefty tomes and figuring out where the body is buried. The bad news? Redevelopment and the Mayor’s Office still control the process.

Redevelopment requires “duty of loyalty” from Arc Ecology

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As a longtime member of the Mayor’s Hunters Point Shipyard Citizens Advisory Committee (CAC), Scott Madison took exception to a “duty of loyalty” clause in Arc Ecology’s most recent contract with the Redevelopment Agency.

This new requirement in Arc’s contract came up for discussion during the CAC’s July 12 meeting, Madison said.The rest of CAC did not rise up in support of his concerns, Madison adds. But he is convinced the requirement will harm the community that surrounds the 770-acre area that the city and Lennar want to develop with their massive Candlestick-Shipyard redevelopment plan.

The Board of Supervisors will consider that plan at their July 27 meeting, along with suggestions that Arc and the Sierra Club have been making for years. These suggestions include strengthening the terms governing the transfer of Parcel E-2, the most polluted shipyard site, and removing what Arc and the Sierra Club believe is an unnecessary bridge over the environmentally sensitive Yosemite Slough.

Arc has been monitoring the environmental impacts of the shipyard since 1984, and has provided neighborhood groups with information and technical support related to cleanup and redevelopment since 1986. And more recently, Arc Ecology opened a “community window on the shipyard cleanup” on Third Street, which is also accessible online, to provide information and resources for more meaningful community involvement in the cleanup.

Arc hosts environmental education discussions and community workshops and submits written comments to the Navy about the cleanup and to appropriate agencies on related shipyard redevelopment and reuse plans.

“We are working with the BVHP community to ensure that the transfer, redevelopment, and reuse are to the maximum benefit of the neighboring community,” Arc’s website states.

But in the past few years, as Lennar’s political Candlestick-Shipyard juggernaut has been gathering speed, Arc has ruffled feathers in the Mayor’s Office by developing Alternatives For Study, a document that explores detailed alternativesto the current Candlestick-Shipyard plan.

None of ARC’s alternatives are opposed to the development, but they all suggest ways to improve it, including an option that would not involve building a bridge over the slough, or a stadium on the shipyard, and would prevent the taking of 23 acres of state park land which Lennar wants so it can build luxury waterfront condos in the middle of the current Candlestick Point State Recreation Area, a plan that would be unthinkable if it was proposed for Crissy Field.

But the city, and in particular Michael Cohen, Mayor Gavin Newsom’s top economic advisor, view these alternatives, as signs of disloyalty, as they seek to rush Lennar’s massive 770-acre redevelopment plan over the finishing line, while arguing that any further amendments will make the plan more difficult for Lennar to shop around to investors, especially in light of the depressed economy.

The growing coziness between the city and the developer was put on full public display last week, when Sup. David Campos asked the project’s proponents to step forward at the Board’s July 13 hearing on the project’s EIR.

As Lennar Urban’s Kofi Bonner began to rise from his seat in the public seating area, Cohen, who had just finished answering Campos’ questions about the bridge and the project’s financing liabilities from the city’s bullpen in the Board’s chambers, raced over to the podium before Bonner had a chance to speak.

This uneasy closeness between city and developer, along with Arc’s extensive background in shipyard related matters, are why Madison believes the city’s residents are best served when Arc can express its opinions freely, even if that involves critiquing plans that the city seems to have grown increasingly defensive about, ever since it entered into a partnership with the Florida-based Lennar.

“Yes, it’s true that the city is paying for this contract with Arc, but it seems to me that this particular contractor’s responsibility should be primarily to the Citizen’s Advisory Committee, and not the city,” Madison said. “What if Arc reaches a conclusion that is odd with the developer, city agencies and other consultants? Would Arc be prohibited from making it public?”

Madison says the city has claimed that Arc would not be prohibited from such activities, and that the contract contains standard language. But he also adds that certain parties who are boosters for the city’s redevelopment plan object to what Arc and Bloom are doing in terms of raising valid science-based concerns.

“At the meeting, Al Norman said he hopes the Redevelopment Agency handcuffs Saul, not just by the hands but by the ankles,” Madison claimed.

And Bloom said that after his group made a video of him walking around wearing a “Can I buy your park?” billboard to illustrate what Lennar’s plan will do to the only state park in San Francisco, he was told that if Willie Brown was still mayor, Arc would have lost its contract, and all department heads who had been supportive of awarding it to Arc, would have been fired, too

Bloom notes that under Mayor Brown, he was awarded several contracts and helped author Prop. P, the measure that voters approved in 2000, which called upon the Navy to clean up the shipyard to the highest levels practical.

“Even Willie understood the need for balance,” Bloom said.
 
Bloom protested the city’s “duty of loyalty” requirement at the CAC’s July 12 meeting, but has apparently decided that the clause isn’t an insurmountable obstacle, because he has apparently since signed the contract. UPDATE: I just spoke to Bloom who told me that he has not yet signed the contract and is still working to get Redevelopment to see the problem with this requirement.

“At the CAC meeting, the committee endorsed the proposal to give us the contract,” Bloom explained. “But it’s up to the Redevelopment Commission to approve the contract, something they are set to consider at their September 7 meeting. We are making the argument that they need to think about the contract in broader terms.”

And Madison notes that it’s common sense that if you want a truly independent voice advising Redevelopment on the shipyard cleanup plan, then that voice should be allowed to be genuinely independent.

“The fact that the city is paying the bill for the contract shouldn’t require an organization to sign an extraordinary Duty of Loyalty, which conflicts with its true loyalty to the surrounding community,” Madison said.

The Guardian’s recent immediate disclosure request to Redevelopment should reveal the exact terms of Arc’s Duty of Loyalty requirement. And Matt Dorsey, spokesperson for the City Attorney’s Office says such clauses are rare.

“We are unaware of any confidentiality requirements being made, except in very rare circumstances, such as contracts related to the airport where there may be terrorist concerns,” Dorsey said. Stay tuned.

Adachi and the real politics of pension reform

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While downtown-oriented politicos and out-of-touch corporate columnists tout the political potential of targeting public employee unions with pay reductions and pension plan take-aways – and say the Public Defender Jeff Adachi may be mayoral material for doing so – they forget that electoral success requires coalitions, particularly in savvy San Francisco.

Unlike his cheerleaders, Adachi seems to understand this, downplaying the personal political upside when he talked to the Guardian and other media outlets. Sure, he might just be sandbagging, as his boosters hope he is, but there’s good reason to believe that this move could hurt Adachi’s chances of becoming mayor more than it helps it.

Much has been written and said about how Adachi’s move alienated labor unions and much of the progressive movement. “They urged me not to do it,” Adachi told the Guardian in the final days of his successful signature-gathering effort for a measure that would save the city about $167 million per year by taking that amount out of employees’ paychecks.

It’s not that pension reform isn’t needed. Indeed, San Francisco voters just approved a measure in June to increase the pension contributions for all new city employees, and politicians ranging from Sups. John Avalos and David Campos on the left to Sup. Sean Elsbernd and Mayor Gavin Newsom on the right all agree that more needs to be done, pledging to work with unions on the issue. And given the surly mood of the electorate, Adachi’s measure will probably pass.

But that still doesn’t make him mayoral material. Unlike Newsom, whose Care Not Cash initiative to take money from poor people helped propel him into Room 200, Adachi doesn’t have a strong constituency behind him, unlike the full strength of downtown and the Willie Brown machine that Newsom had behind him.

Downtown will never get behind a mayoral campaign for Adachi, a heavily tattooed defender of criminals who has a strong independent streak, even if they like the fact that he’s socking it to the public employee unions, an effort they helped fund. And progressives will now have a hard time ever trusting Adachi to work with them, seeing him now as someone hostile to political process and coalition-building, much like Newsom.

And even Newsom has come out against Adachi and his proposal, even though he loves the pension reform issue and shares some stylistic similarities with Adachi, including a certain political petulance. “Mayor Newsom has been clear that effective, long-term pension reform will come by doing it with our public employee unions, in partnership, not to and against them, in contrast to the Adachi measure,” Newsom Press Secretary Tony Winnicker wrote to the Guardian this week. It was a laughingly hypocritical statement from a mayor who has repeatedly demonized unions and refused to work cooperatively with them, but it’s a true statement nonetheless.

Finally, while socking it to public employees may be in vogue right now, during this moment of real economic uncertainty and political myopia, this sort of divisive politics might come to be seen more as opportunistic than courageous. And it’s hard to see how the approach that Adachi has taken will somehow add up to an effective political coalition capable of stealing the Mayor’s Office from wily politicians like Mark Leno, Leland Yee, or Aaron Peskin.

Consider the fact that even the Police Officers Association – the most conservative, downtown-oriented employee union in San Francisco – also opposes the Adachi measure and other efforts to blame the city’s fiscal problems on employees, rather than the large financial institutions that don’t even pay any kind of business tax to the city.

So I leave you with the words of POA President Gary Delagnes, writing in the May issue of the POA Journal, sounding a bit like a Guardian editorial writer on this politically sensitive issue: “Even more problematic is the rapidly developing notion that public employee pensions serve as the root of all evil, and are almost solely to blame for all of our economic woes.

“Opportunistic Wall Street insiders, politicians, and robber baron CEOs have manipulated and pilfered our country’s financial well-being. They have unconscionably – if not also illegally – lined their deep pockets with the hard-earned savings and pensions of the middle class working man and woman. Accountants from coast to coast have coached multi-millionaires on the art of avoiding paying their true tax obligations. Millions of people were allowed to qualify for mortgage loans by greedy bankers and mortgage brokers that led to trillions of dollars in bailout money. The result is a public incensed about fat cats taking advantage of them. Now, the backlash has set up public pensions and the unions that negotiated them as the scapegoats for his anger.

“Those of use who long ago made the decision to forgo large salaries in exchange for a life of public service, are now being portrayed as greedy and self-centered, taking unwarranted pensions and benefits after 30 years of service as firefighters, police officers, teachers, and nurses. These are shameful accusations, and utterly without merit.”

We couldn’t have said it better ourselves, but unlike one of our editorials, this is the perspective of cops and other unions and progressive constituencies that will shape their actions in elections to come.

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.”

Is there still a political machine in San Francisco?

2

There’s some interesting discussion going on about Jane Kim, Willie Brown, Gavin Newsom, and political machines here. Check it out if you haven’t read it already.

Editor’s Notes

23

Tredmond@sfbg.com

Jane Kim, the San Francisco school board president running for supervisor in District 6, has a tough question to answer. When there’s already a solid progressive in the race, Debra Walker, someone who has lived in the district for years and agrees with Kim on almost all the key issues, why is Kim running?

She gave a hint at her campaign kickoff June 24 on how she’s going to portray herself: "I’m not part of anyone’s machine, and I’m certainly not part of anyone’s master plan." It’s an attractive statement — nobody likes machine politics — and the idea that she’s an independent candidate makes her all the more appealing.

Except that it also says something about the progressive movement in San Francisco — and that’s a little disturbing. Because no matter how you try to spin it, when you say you aren’t part of anyone’s machine, you’re implying that maybe your opponents are.

Let me take a step back here, because this is important stuff. There’s a fine line between an effective, organized political coalition that can actually win elections and a political machine, which stifles political innovation and grassroots candidates. And in part it’s about motivation.

When Willie Brown ran San Francisco, it was all about Willie Brown. I’ve never believed the guy had much of an ideology or that any political cause really mattered to him; he loved power, he knew how to use it and he didn’t want to give it up. That was the bottom line.

Now that he’s pretty much out of the picture — although he was at Kim’s party, he’s not a factor anymore — there’s a very different power balance in this city. There’s nobody at City Hall (or in Sacramento, or Washington, or downtown, or anywhere else) who has machine-style control of local politics.

There are people who can build coalitions that work — Aaron Peskin, for example, did exceptionally well with putting together a campaign to elect progressive Democratic County Central Committee elections. And there are people who would love to be power brokers.

But I’ve been around politics here a long time, and I can tell you: Aaron Peskin doesn’t have a machine. Neither does Mark Leno, or Gavin Newsom, or Tom Ammiano, or David Chiu, or anyone else. Thanks in part to district elections, there aren’t many call-up votes on the Board of Supervisors these days. In fact, the left in San Francisco is famously unable to agree on much of anything half the time. Note, for example, the fact that Chiu — often called a Peskin ally — is not supporting Peskin’s candidate in D-6. He’s with Jane Kim.

The thing is, unlike the players in a typical political machine, most of the progressives care about issues. It’s about a shared ideology more than it’s about power. That’s a hugely important difference.

The way the mainstream media has it, the San Francisco left is either fatally fractured and can’t do anything — or it’s becoming a machine. For the moment — a great moment — neither is true. Let’s all keep that in mind. Because when we beat each other up with words like "machine," we undermine the whole progressive movement.

Bad way to start a campaign.

SF mayoral analysis in the NY Times misses the mark

4

I have praised Bay Citizen’s early work and I think Gerry Shih is a smart young reporter, but I think their analysis of who will be San Francisco’s next mayor – which ran in today’s New York Times – was off the mark and shows they don’t yet have a good grasp of this city’s political dynamics. And a big reason for that is – just like the Examiner and the Chronicle – they relied too much on downtown players who consistently misread those dynamics, at least in recent years.

The one thing it got right was naming Aaron Peskin as one of the frontrunners to succeed Newsom if he is elected lieutenant governor. Peskin is really the only politico in town he has been putting big plays together these days, whether it be keeping Democratic Party leadership in progressive hands or defeating the 555 Washington project. So he might be the only one who can count to six with this current progressive-dominated board.

But nobody really thinks David Chiu is a frontrunner, despite Shih’s claim. Chiu has been a pretty good board president, but remember that he was elected as a compromise candidate (with lots of help from Peskin) after the then-frontrunners, Ross Mirkarimi and Bevan Dufty, couldn’t put the votes together. And since then, he has disappointed his progressive colleagues on several votes, making them unlikely to support him for mayor.

Besides, it will be difficult for any supervisor to get six votes when they can’t vote for themselves, which also makes me scoff at Shih’s contention that John Avalos and David Campos are running for mayor (two supervisors who are close to the Guardian and have never indicated to us that they’re running, even when we’ve asked, although they might each eventually become mayors). Ross Mirkarimi is more likely and wants the job, but would have a tough time getting a board majority to give is to him.

Shih told the Guardian that he’s been getting lots of critical feedback on his article today, and while he said Chiu and Peskin are names that kept coming up in his interviews, Shih admits that the attractive narrative of the protege challenging his mentor perhaps skewed the final analysis: “The relationship between those two guys ended up getting played up in the story.”

The article makes several other mistakes as well (and not just the obvious factual errors, like getting the mayoral election year wrong, as well as the year Feinstein left office, both of which have since been corrected online). It left City Attorney Dennis Herrera’s name out entirely, despite the fact that he’s already declared his intention to run for mayor and could certainly be a compromise candidate. Public Defender Jeff Adachi also wasn’t mentioned, even though he has a better chance than half the people on Shiu’s list, such as Willie Brown or Ed Harrington, who downtown may like but progressives really don’t.

Two strong possibilities for mayor – Mark Leno and Leland Yee – were given only passing mention in the article even though they are far more likely choices than Chiu. Both Leno and Yee have aggressively worked both the centrist and progressive sides of the aisle and are in great positions to run for mayor or be appointed by the board.

The hopes for a Chinese-American mayor that Shih placed with Chiu are probably better placed with Yee, who has worked with Rose Pak and other business interests while also having a history of endorsing progressive candidates, which he’ll be able to call in when he runs (and yes, unlike other candidates on Shih’s list, Yee has actually declared his intention to run).

Similarly, Leno has good relations with progressives on the board, which will be tested a bit this fall as he campaigns for moderate supervisorial candidate Scott Wiener and navigates the wedge issue minefield, but it’s easy to see how with the right outcomes this fall and key deals cut, Leno could emerge as the frontrunner.

The dynamics of this thing are incredibly complicated, but if I was in Shih’s shoes and was asked to name the two frontrunners, I’d probably say Peskin and Leno, with Yee a close third and Herrera as an outside possibility. Or it could be none of them if nobody can count to six and the option of a caretaker mayor who agrees not to run later (such as an Art Agnos) seems like the only way forward.

As politicos Alex Clemens and David Latterman said in their post-election analysis on June 10, this is very complicated and will be the subject of many deals by experienced insiders (of which Chiu really isn’t one just yet). “Everyone is gaming this thing out and trying to figure out what happens,” Clemens said.

But there is one scenario in which I could see Chiu figuring prominently, and that’s in what happens if both Newsom and Kamala Harris win their respective state races. Chiu has expressed a desire to be District Attorney, a chance that he might get if he can help play kingmaker with whoever becomes our next mayor.

So perhaps that qualifies him as a frontrunner of sorts after all.

Affordable housing group’s shady, “shameless” endorsements

0

Editors note: This article orginally ran in October, 2000.T


he Brown machine’s soft money operation is churning out some very
duplicitous propaganda. While we haven’t seen many mailers attacking
independent candidates yet (they’re usually deployed in the final days
of the campaign, when the targets don’t have a chance to respond), we’ve
come across flyers that aim to portray business-friendly machine
candidates as champions of progressive causes.



Perhaps the most egregious comes from an organization called the
Affordable Housing Alliance.



Once a legitimate tenant advocacy group, the AHA does little these days
except endorse candidates and send out mailers during election season.
Numerous well-known tenant activists say the AHA reflexively promotes
the candidates of the Willie Brown machine — no matter where they
stand on tenant issues.



And from what we’ve learned about the group’s endorsement process, AHA
director Mitchell Omerberg isn’t even trying to give the group the
appearance of legitimacy.



Omerberg, who works as a deputy city attorney for San Francisco, was
active in the 1979 fight for rent control. We called him several times
and left messages at the AHA, at his home, and at his city office. He
never called us back or faxed us a copy of the group’s endorsements.
The shenanigans began when Omerberg invited candidates to speak at the
AHA’s endorsement meeting. Chris Daly, the District Six hopeful who has
inspired more enthusiasm from tenant activists than any other candidate
in the city, wasn’t even invited. Daly told us his campaign called
Omerberg to ask when the meeting was scheduled, and Omerberg never
called back.


At the Sept. 28 meeting, the candidates whom Omerberg did invite made
their speeches. Then the group’s supposed members voted on the club’s
endorsements. But it’s not clear who most of those members are or where
they came from.


Progressive activist Richard Ow, who probably attends more political
meetings than anyone in San Francisco, told us he didn’t recognize a
single other tenant activist among the voting members. Ow sits on the
boards of the San Francisco Tenants Union, the Housing Rights Committee,
and the Senior Action Network and is active in dozens of other tenant
groups.


The most egregious maneuver came at the end of the meeting. According
to District One supervisorial candidate Jake McGoldrick (one of the few
people who stayed until the end) Omerberg refused to open the ballot box
and tally up the votes there and then.



Instead, he insisted on taking the ballot box home with him.
Apparently Omerberg prefers to count the ballots alone: one former AHA
member, who asked to remain anonymous, told us he did the same thing
after at least two endorsement meetings in years past.


Alex Wong, chair of the Democratic County Central Committee, helped
Omerberg run the meeting, introducing the candidates and watching the
clock as they spoke. Wong, a Brown ally, told us he didn’t know if Omerberg had taken the ballots home with him; he says he, too, had left the meeting by that point. Then he got off the phone, saying he’d call
us back. He never did.



With Omerberg and Wong keeping mum, we couldn’t track down a copy of
the group’s endorsement list. (McGoldrick campaign manager Jerry Threet
says he asked Omerberg for a copy and Omerberg flat out refused.) But an
AHA mailer sent to tenant voters in the Richmond provides a clue.
“Renters have two choices in the November election,” the flyer
proclaims. “Michael Yaki will preserve rent control. Rose Tsai wants to
repeal it.”


Of course, Richmond renters have more than two choices. There are five
candidates on the District One ballot, including McGoldrick. McGoldrick
has been active on tenant issues for decades, including a term as a San
Francisco Rent Board commissioner from 1988 to 1992 and another as
cochair of the now defunct Housing and Tenants Council, an umbrella
coalition for the movement.


“Jake has a long history of being pro-tenant, from his days on the Rent
Board to doing grassroots work on every tenant campaign and every piece
of tenant legislation,” said Ted Gullicksen of the Tenants Union. The
city’s preeminent renters’ advocacy group, the Tenants Union gave
McGoldrick its enthusiastic endorsement. If you believe the AHA’s
mailer, he’s not even in the race.


On the other hand, Gullicksen said, “Yaki initiated legislation to stop
owner move-in evictions — but then, under pressure from landlords,
killed it himself. Since then he has consistently been against tenants
and with the real estate industry.”


That’s the candidate of the Affordable Housing Alliance. Yaki has a
strong claim on AHA support: he is backed by Willie Brown, of whom he
has been a stalwart ally, and Omerberg worked on Yaki’s 1998 campaign
for the board.


“As a tenant who went through an owner-move-in eviction, I strongly
believe in protecting our rent-control laws and stringently enforcing
protections for seniors and the disabled,” Yaki told us through his
consultant Ellie Schafer. “I am proud to have supported all the measures
which passed the Board of Supervisors expanding OMI and Ellis Act
protections.” (Note Yaki’s careful phrasing: he supported the measures
that passed, and opposed the measures that failed. The same can be said
for most of Willie Brown’s other appointees; that’s why those measures
passed and the others failed.)


The AHA also endorsed Meagan Levitan in District Three, according to a
Levitan mailer. Her opponent Aaron Peskin, who spoke at the endorsement
meeting, has the support of the Tenants Union and just about every other
legitimate tenant activist. Yaki and Levitan are both endorsed by the
Small Property Owners Association and the San Francisco Apartment
Association, which lobby for landlords.


The AHA’s endorsements of Yaki and Levitan were no surprise to longtime
members of the tenant movement. “Historically, the Affordable Housing
Alliance hasn’t endorsed credible pro-tenant supervisors,” Robert
Haaland of the Housing Rights Committee told us. “It’s a group that’s
used to perpetuate machine candidates. It’s another shameless example of
how the machine stays in power.”

The Mitchell sister

3

sarah@sfbg.com

Porn heiress Meta Jane Mitchell Johnson is running a little late when I arrive at the Mitchell Brothers O’Farrell Theater, the adult entertainment establishment her father Jim Mitchell and uncle Artie Mitchell founded on the edge of the Tenderloin, just blocks from City Hall, July 4, 1969.

Johnson, 32, recently became co-owner of the theater and invited me over to discuss her vision for this notoriously hardcore strip club and the challenges she faces in an industry dominated by the Déjà Vu corporate strip club chain, in a town whose political leaders are still trying to figure out how best to regulate the clubs to ensure that their predominantly female workforce is properly compensated and protected from harassment in safe, sanitary conditions.

A young guy on the front register ushers me into a side room. The walls are decorated with photographs that recall the people and players who have made this club such a storied San Francisco institution and a landmark in the history of the sex industry.

There’s an image of a topless Marilyn Chambers, the star of Behind the Green Door, the porn film the Mitchell brothers shot and screened at the theater in 1972 and was a major hit after it became known that Chambers was also the wholesome face on Ivory Snow soap flakes box.

There is a photo of Artie with a young raven perched over his shoulder. It was taken in 1990 during a trip to Aspen, Colo., to support gonzo journalist Hunter S. Thompson, who worked at the club in the 1980s and was facing serious charges, including sexual assault and possession of drugs and explosives, that eventually got dropped.

Another shows both the Mitchell brothers, photographed when they were still young and rakish and battling the vice squad, even as they entertained the local political elite.

Today the brothers are dead, Artie from bullet wounds inflicted when Jim shot him with a rifle in February 1991; Jim from a heart attack in July 2007. And now Jim’s oldest son, James Mitchell, 28, is in jail awaiting trial for allegedly beating his ex-girlfriend Danielle Keller to death with a baseball bat in July 2009 and abducting their baby daughter, Samantha.

Unlike his father, who continued to run the Mitchell porn empire after serving less than three years for voluntary manslaughter, James is facing life behind bars.

“He is charged with six serious felonies and is facing life imprisonment with no possibility of parole,” Marin County Deputy Chief District Attorney Barry Borden said recently. Johnson told me that her brother no longer owns stock in Cinema 7, the corporation the Mitchell brothers founded to oversee their burgeoning sex business.

This latest family tragedy occurred in the wake of a $3.74 million class action suit that was settled in 2008. Brought by three MBOT dancers, the suit led to valid claims by 370 dancers who complained about Cinema 7’s “piece-rate” wage system. Under that system, the club compensated dancers solely for the number of private dances performed, waived meal and rest periods, and failed to reimburse dancers for costumes, props, and makeup.

Since then the club ended the piece-rate system, but introduced chips customers must buy to procure lap dances and encounters in small, curtained private rooms. On a recent night, the girls at the O’Farrell Theater remained smiling and bright-eyed as they succeeded in getting some customers to purchase chips for lap dances and private encounters. But the rest of the crowd remained largely silent and mostly tight-fisted as customers watched the club’s exotic dancers perform on its disco-balled stage.

All of which left me wondering if Johnson can succeed in overcoming her family history and reputation to make a difference for her workers and community while facing a nationwide recession in an industry dominated by an out-of-state chain.

 

THE UNLIKELY SAVIOR

Johnson greets me dressed in Ugg boots and jeans, apologizes for being tardy, and leads the way upstairs to the theater’s office so we can talk.

I first met Johnson in 2007 (“Behind the Mitchell’s Door,” 07/22/09) when she arrived at the theater in knee-high boots, clutching a massive lime handbag and a tiny dog named Baby. During that first encounter, three months after her father died, Johnson confided that when she took over the office, it was full of dildos dancers had given the Mitchell brothers. Placing her dog on the pool table that dominated the office, she said she planned to massage all this male energy toward femininity.

Today it looks as if she has started to deliver on that promise. The pool table is gone. The sofa where Hunter S. Thompson used to sit remains in the room. But now a clothesline runs between the office walls, draped with a stripper’s glove, stilettos, and a G-string emblazoned with the word “Gonzo,” presumably in honor of Thompson.

“It was a little thing we made to give away,” Johnson laughs.

She introduces her youngest brother and club co-owner, Justin. “Me and Justin are close. We are the owners and we are making some changes,” Johnson explains. “We are making the prices more reasonable so customers don’t have to spend an arm and a leg just to get a lap dance. And we’re going to hold events like poetry slams. We are trying to make the club fun again. We definitely see a hit due to the economy, but we’ve also been hit by the decision from the class action lawsuit.”

Johnson insists she and her brother aren’t “your typical strip club owners.”

Were in a symbiotic relationship with our dancers, she says. That sets us apart from other clubs. The dancers are our employees. We pay them minimum wage and workers comp. We cover their Healthy San Francisco costs. We incur a lot of expenses legally employing our dancers. But instead of crying about our handicap,’ she said, referring to treating dancers as employees, my goal is to show we can manage the club without a pimp mentality, without a How much can you shake them down for? approach.

“A lot of our employees have been here a long time and have had to deal with all the painful violent stuff too,” she continued. “And folks are still here, even though their hours got cut and they are not making as much money.

In 2007, Johnson told me that she resented the family business when she was growing up. “The boys could go inside, and I couldn’t,” she recalled. It wasn’t until 2004, when she was working as a mortgage consultant in a cubical farm in San Ramon that Johnson began to take pride in the business “as something that had taken care of us through the years.”

Johnson, who became the club’s scheduling manager in 2005, recalls the shock of losing her dad in 2007. “It was like being dumped in icy water,” she says. “At first we didn’t know how to handle it. But we learned. Five years ago, I was much more liable to listen to advice. But I need to be able to fall asleep feeling good. That involves treating people a certain way. I don’t think any other strip club in the country is being run the way this one is.”

Johnson got married and went on maternity leave in 2008. ” When my son was six months old, I came back for the club’s 40th anniversary party and I realized, they need me both of us [she and her brother]— as owners, steering the proverbial ship. No one else wants to be held accountable. We never discussed selling. Our father built this place. It’s completely shaped our lives. Good or bad, it’s ours.”

 

TOUGH INDUSTRY

As a nude strip club, Mitchell Brothers’ O’Farrell Theatre stands in direct competition with Crazy Horse on Market Street and the Déjà Vu-owned clubs including the Market Street Theaters, Gold Clubs and other spots in SoMa, and most of the clubs in North Beach. The exception is Lusty Lady, the only unionized, worker-owned peepshow in the country.

If you walk into the Gold Club in San Francisco, well, there are 50 other Gold Clubs in the country, so, its generic, Johnson says. But theyve got their business model. Were not trying to copy Déjà Vu or Crazy Horse. Were the Mitchell Brothers. Its been part of us and our whole history.

Dancers agree that the Lusty Lady isn’t in competition with Déjà Vu.

“They’re Walmart, and we’re the mom and pop store on the corner,” Lorelei*, a dancer at Lusty Lady, said. “At the Lusty, we pride ourselves on being alternative and having tattoos and piercings.”

Some dancers, who we’ve indicated with an asterisk after their altered names, voiced fear of being identified as critics of Déjà Vu’s business model.

“If Deja Vu found out I was shit-talking them I would probably get fired and be blacklisted from all their clubs,” Sugar* said. “If I were to get blacklisted, I’d be totally screwed because there are no other clubs in San Francisco,” where she doesn’t feel pressure to do more than dance, “which is not my thing.”

“Or the Lusty Lady, which doesn’t pay enough to cover my bills,” she continued. “But Deja Vu is notorious for being a terrible company to work for, mainly because of their outrageously high stage fees.”

Other dancers say they had to pay stage fees at the Déjà Vu-owned Hungry I, and sometimes went home empty-handed after eight-hour shifts when uninvited touching was common.

“The number one thing that would improve our work experience is if someone actually forced Deja Vu to stop charging us stage fees,” Amber* said. “Almost no one outside the industry knows that dancers pay money to go to work. A lot of customers think the clubs pay us, like, thousands of dollars. In San Francisco we pay between $100–$200 per shift, sometimes more.”

By law, dancers have the right to choose employee status, versus being considered independent contractors. “But that’s a joke,” Amber added. “If we choose employee status, we’re required to do a minimum of 10 lap dances per shift. The club keeps all that money, and we would get paid $12–$15 an hour.”

But Edi Thomas, counsel for Déjà Vus Centerfolds club, flatly denies that the dancers who perform at Centerfolds (the only nightclub in San Francisco authorized to operate as a Deja Vu Showgirls club) pay stage fees.

Rather, entertainers who perform at Centerfolds (and/or at Hungry I, the Condor, and Market Street) are paid a substantial percentage of the patron revenues generated from individual dance sales, Thomas stated.

The entertainers are issued Forms 1099 at year-end, reflecting the amounts they were paid by the nightclub, she said, which means the dancers are independent contractors, not employees. These nightclubs operate within the law and make every effort to assure that entertainers are well compensated and perform in safe and lawful environments.

There are, as in any industry, former and disgruntled workers carrying a desire to harm a nightclub or the industry for their own personal reasons, Thomas added. “But those workers do not represent the voice of the majority.

 

CENTER OF THE STORM

When the Mitchell Brothers founded their empire, it was against a backdrop of organized crime trying to exercise a monopoly on the porn industry. According to a 1977 U.S. Department of Justice report, members of La Cosa Nostra tried to request exclusive distribution of Mitchell Brothers’ porn films.

The Mitchells resisted for years, but DOJ claims they eventually entered into a contract with LCN’s Michael Zaffarano to distribute “Autobiography of a Flea.” the Mitchells also fought City Hall.

During the 1980s, Mayor Dianne Feinstein’s vice squad tried to close the Mitchell Brothers’ operations. But under Mayor Willie Brown, the former attorney for late Déjà Vu strip club owner Sam Conti, SFPD enforcement reportedly eased.

Then in 1997, Déjà Vu started to take control of the city’s sex clubs, introducing stage fees and private rooms. In 2002, three former MBOT dancers filed their suit against Cinema 7. The next year, three other dancers brought suits against Market Street Cinema and Century Theater. And in 2005, Deja Vu settled a class action labor suit with its dancers. Attorney Greg Walston, representing the dancers, said at the time that minimum pay rate would protect dancers from being forced into prostitution to make money.

Deja Vu threatened a counter-suit based on the allegations of prostitution at their clubs, but Walston told reporters: “The record speaks for itself.” Walston used police reports with prostitution allegations to bolster his case and said he was doing the job the District Attorney’s Office should have done.

In July 2008, when MBOT reached its $3.74 million class action settlement, Cinema 7 president Jeffrey Armstrong said that the corporation was “not able to pay the entire amount up front.” Instead, Mitchell matriarch Georgia Mitchell and her business partner John P. Morgan, then cotrustees of the Jim Mitchell 1990 Family Trust, which holds two-thirds of Cinema 7’s shares, pledged stock certificates as security interest.

But the debate about how to treat sex work in San Francisco continues. In November 2008, District Attorney Kamala Harris and Mayor Gavin Newsom opposed Proposition K, a local measure that tried to decriminalize prostitution by forbidding local authorities from investigating, arresting or prosecuting sex workers. They argued that the measure would increase prostitution on the streets, give pimps cover, and hamper efforts to stop sex trafficking. The measure failed.

At the time, Prop. K advocate Carol Leigh and cofounder of the Bay Area Sex Workers Advocacy Network said, “We feel that repressive policies don’t help trafficking victims, and that human rights-based approaches, including decriminalization, are actually more effective.”

Today, erotic dancers must identify which of a tangle of regulatory entities is the appropriate venue to lodge complaints. District Attorney spokesperson Erica Derryck said Harris is dedicated to prosecuting violent crimes committed against all San Franciscans, regardless of whether they happen in a club or an alley.

“If there are two drug dealers and one attacks the other, we’d prosecute. But that’s not to say there won’t also be consequences for underlying criminal behavior too,” she said. “But anyone who has been victimized should be confident of going to the police and reporting any incident.”

Derryck said public health and safety complaints can be lodged at entities that provide permits and licenses, including the Planning Department and Entertainment Commission.

“There might not be any criminal activity involved, but this route hits clubs in the pocket and is worth considering if dancers want to represent their grievances,” she said.

Meanwhile dancers say there is still pressure to do more than just dance in some clubs. “For some dancers, the clubs feel fine,” Lorelei says. “It’s a safe space where no ads are needed. They see it as a fair exchange. But if you just want to dance — when one girl is doing this, and another that, how are you supposed to make money?”

Other dancers wish managers wouldn’t abuse their power. “Sometimes they back you up,” Amber said. “Other nights, someone insults you and they won’t help.” And many wish management would try to make the clubs fun again.

“It used to be a party, but now it’s about the cheapest dirtiest fuck you can get,” Lorelei said. “Taking stage fees created a dark environment that carries over to the customers. It’s like we’re goats in a petting zoo begging, saying give me money, give me coke.”

 

FAMILY BUSINESS

Attorney Jim Quadra, who represented the dancers in the MBOT class action suit, said that for all the talk about treating dancers right, the Mitchells’ interest was money.

“At the time, a group of people thought the agenda was to get dancers to do more than dancing because that’s what brings in the revenue,” Quadra said. “But Meta comes off much better than the rest of her family.”

During the trial, Jim was asked if there were meetings where Cinema 7 personnel defined what they meant by a “lap dance” in the piece rate system.

“You need a lap for a lap dance,” Mitchell replied. “You are getting down to like, you know, lap dance, erotic theater, America. And your question is like just a waste of the public’s slender resources, like drop[ping] a basketball in the ghetto and asking, ‘Did you define what that is for them?'<0x2009>”

Johnson, who voluntarily took the witness stand, was asked if there was any reason dancers would be afraid of her father. “He can be a little gruff and he can be cranky, a grouchy old man,” she replied.

Today Johnson is moving ahead with a vision she began to outline in 2007, then put on hold until December 2009, when a law suit about the family trust fund was settled.

“We settled everything out of court in December with my grandmother, which was a nice Christmas present,” she says, confirming that she and her siblings succeeded in removing their 83-year grandmother, Georgia Mae Mitchell, as trustee of the Jim Mitchell family fund. They replaced her with their mother, Jim Mitchell’s ex-wife, Mary Jane Whitty-Grimm, who also has custody of James’s baby daughter, Samantha.

“Danielle’s mother has some personal problems … that made the court reluctant to give her custody of the baby. so they gave Samantha to Mary, who is a nice woman, who is married with a family,” former San Francisco D.A. Terence Hallinan told me, after James Mitchell replaced him with another private criminal defense attorney, Douglas Horngrad, in March.

In court filings related to the family trust fund, Mitchell matriarch Georgia Mae claimed her grandchildren’s lawsuit was intended to deny her jailed grandson James his share of the trust to defend against his serious felony charges.

“Justin asked me to take money out of the trust account of his brother James, and send it to his mother instead of paying his criminal defense attorney, Terence Hallinan,” the Mitchell matriarch claimed.

I asked Hallinan if the trust fund was the reason James Mitchell changed attorneys. “Yes and no,” Hallinan said. “It definitely had to do with money and who was going to run the club. The poor grandma, she is such a nice person. She was trying to play fair and be nice to all the kids. It’s not a really healthy family. ‘Rafe’ [James] is where he is. In my opinion, he is still not clear what happened or why.”

Johnson, for her part, says her brother James has mental health issues. “I don’t accept what he did,” she said. “I’m not making any excuses for it. He’s either insane or he’s a monster. But the family has an obligation to make sure he has legal defense. He was always a beneficiary of the trust. But he fired his lawyer, which is the worst thing he could have done.”

A restraining order Keller secured five days before she was murdered claims Mitchell abused her for years, had mood swings, used cocaine, and was addicted to methamphetamines.

“Danny should have left,” Johnson said.

It’s been painful to read the comments people leave,” she continued, referring to online reaction to her brother’s arrest that suggest the Mitchells are bad seed and should be wiped out. It’s not because James is a Mitchell, or because there’s some bad gene.”

Rather, she said he had serious unaddressed problems, “a time bomb that was going to explode and then it did in just about the most horrific way imaginable.”

“When I was 13, my father shot my uncle Artie. And when I was 31, James killed Danny,” she adds. “So I hope I don’t live to be 103.”

 

WOMEN’S WORK

In 1985, the O’Farrell Theater’s marquee famously read, “For show times call … ” followed by Mayor Feinstein’s phone number. But that was another era.

“I don’t know Dianne Feinstein,” Johnson says, as she shows me a cartoon R. Crumb drew in 1985 of then-Mayor Feinstein as Little Bo Peep, with a bunch of men, including political and law enforcement leaders, peeking out from under her skirts. “I know my father was never very fond of her. And I’m sure her reasons for wanting to shut the club down were based on the idea that women are being exploited and that we need to save them.”

Johnson says some of their dancers are single moms; some are young girls who can’t get enough work at retail jobs to pay their bills; and others are college students and graduates.

“There are as many stories as there are dancers. But the stereotype is that dancers are being exploited and have to be protected because they can’t protect themselves and no one really wants to dance. But when I came through the club door, I realized that many women want to do this and get upset if people try to save them. Some people feel that working in a strip club is bad, wrong, dirty. No. But it can be if you are pushed into it and don’t want to do it.”

Dancers the Guardian spoke to confirmed that they dislike being framed as victims. When we are painted as victims, we look stupid, Lorelei said. All we want is to make sure that folks are following the labor code and providing the same basic, decent working conditions youd get if you were working at a coffee shop.

But dancers know that some people are titillated by the idea of women being taken advantage of. “They don’t want that fantasy to go away, that she’s really a good girl and doesn’t want to do it,” Lorelei said. “If it turns out we are not traumatized, horrified, or disenfranchised, it ruins the whole fantasy.”

She fears that political leaders know bad things are happening but don’t want to talk about them for fear it implies they are permitting them. “The attitude is these women aren’t real, they are sex workers, so if they get raped or go missing, who cares?” Lorelei claimed. “We can’t admit they are the babysitter, the girl who sits next to you at the office.”

When Johnson began working at MBOT, she was shocked that the dancers were naked. “But no one is forcing anyone to be here,” she says. “Sure, some women dance out of necessity. But there are women who are really into it … What’s bad is the exploitation.”

It’s hard to tell from the outside whether the MBOT dancers are feeling better about their working conditions these days or whether having a woman in charge makes a big difference.

On a recent Saturday night, we were charged $40 to enter the club. The ticket gave us access to the theater’s main stage, where a succession of ethnically diverse and athletically built girls pranced, pole danced, and eventually took it all off — in tasteful fashion — as the customers threw tips on stage.

A friendly girl asked if we’d like some company but backed off gracefully when we declined to do more than chat. No one else tried to hustle us for the next hour, and we didn’t get the sense that these women were desperate to make more money. The private rooms remained empty during our visit. But there are VIP rooms that we didn’t have access to, and it’s possible more hardcore stuff was going on elsewhere in the club.

As we left, a tour bus pulled up outside, full of tourists who pressed their noses against the bus windows to eyeball the famed Mitchell Brothers establishment, drawn just to gawk at this titillating and complicated San Francisco institution.

Johnson and Mitchell believe their club gives women a path to financial independence and that having a female in charge makes a difference. They don’t need a man,” Johnson says. “In most strip clubs, the pay is all under the table, and the girls keep cash in shoe box under the bed.”

“Dodging the IRS,” Mitchell adds.

But they recognize that some dancers may be coming from abusive situations. Johnson said she realized one dancer was in trouble when she asked to be booked for every shift. “I looked at the situation and saw 16-hour days in stilettos and an exhausting schedule. It took a woman’s insight to work out what was going on.”

“It goes back to a woman’s touch, ” Mitchell says.

Johnson blames this nation’s puritanical roots for the abiding disapproval toward the sex industry and those who work in it.

“But it’s come a long way,” Mitchell interjects.” When this place first started, it got raided non-stop. Now it’s much more acceptable than 20 years ago. In the next 20 years, I’m optimistic that prostitution will be decriminalized, at least in our city, if not in our state.”

So is prostitution happening as much as some dancers say it is? “You can’t penalize people for surviving,” Johnson says. “What dancers do outside clubs is their business. We don’t have control over them. All we can do is worry about them. We don’t condone illegal activity inside the club. We don’t encourage or support it. That’s our official take.”

Johnson acknowledges the O’Farrell Theater may have the reputation for being perhaps the most hardcore club in the city. “But everything that happens here, happens elsewhere,” she says. “It’s the same exact deal except they don’t care at all, and we’re a family-run business.”

Mitchell observes that the O’Farrell Theater is huge part of the city’s tourism industry. “When conventions come through, we’re one of the prime tourist spots, along with Fisherman’s Wharf and the Golden Gate Bridge,” he said.

“San Francisco is known for its freewheeling sexuality, like the Folsom Street Fair,” Johnson adds. “People say San Francisco is Oakland’s slutty sister. And people come here because this club is an institution, a landmark in San Francisco.”

So can Johnson make a difference against this convoluted backdrop?

“It’s a benefit to have a female in management,” Johnson claims. “When we come up with an idea, I think: How will the dancers feel? We’re on the same team. I treat them like teammates. We’re not in a battle over who gets the most money. I can see through things. Women manipulate men, and dancers are in the business of manipulating men. It’s a sale. It’s a hustle. They have that mindset. But I say, no, you don’t need to make up situations. You just tell us what’s up. But that’s not the normal attitude. In most clubs, it’s ‘Shut up, do what we say, and pay your fees.'”

Johnson says she was recently at the AT&T store, and the girl asked where she worked. “I said, at a strip club. People find that incredibly interesting. This girl was 23 and she was not comfortable with the idea of dancing, but at the same time she was fascinated by it. And it’s not going away, women dancing and stripping, You can hate it; you can love it — it doesn’t matter.”

After so many years on the San Francisco scene, MBOT is striving to be a legitimate part of its neighborhood and the city’s business community. And to Johnson, some of that involves unfinished business.

Lou Silva was the artist who did the original mural of whales on the clubs wall. Thats what I remember as a child. My dad and uncle were connected to that community and the underground comic movement in the late 1970s. They made money, they wanted to spread the love around, so they did a giant art project on the side wall. And a couple of years before my uncle died, they started to redo it. But the project stopped when my uncle was shot. We are going to bring the whales back. Were working on it with an Academy of Art class. It will be far more peaceful and calm than a crazy jungle scene on the wall. We want to redo whales to demonstrate that we are interested in more than just sex and exploitation. We want to be connected to our community again.

Noting that the new mural is part of the beautification of Polk Street, Johnson concludes: The mural on the wall is unfinished because of Arties death. Now its time to finish it, not to have unfinished art on the wall because of some horrible, violent incident. Its an investment to show we are not the Mitchells everyone thinks we are.

The problem with Willie Brown Jr. Boulevard

3

Ok, Eve Batey has a fun item on SF Appeal: Even the Chronicle, which pays Brown to write his deeply conflicted newspaper column, doesn’t want to see Third Street renamed for the former mayor. That’s probably because Hearst Corp., which owns property on Third Street, doesn’t want to spend the money to change all of its letterhead, documents, mailing address etc. to reflect a street name change. We saw a lot of the same complaints when Army Street was changed to honor Cesar Chavez; some local businesses got mad because of the (modest) costs involved.


I’ve got a much bigger problem with the name change.


You name a street after someone who deserves a major civic honor. Naming a street in the Mission after Cesar Chavez makes a strong, positive statement about San Francisco’s values. So what would Willie Brown Jr. Boulevard celebrate?


One of the most corrupt mayors in San Francisco history, a guy who sold out the city to developers, stood by and allowed the greatest displacement of low-income San Franciscans in modern history, presided over the economic cleansing of San Francisco, and now flaks for PG&E, the pharmaceutical industry, and who knows what other private clients (despite writing about politics in his column, he hasn’t disclosed the list of which political interest groups are paying his sizable legal fees).


Brown’s a fun guy, and I always read his column, and when he did a radio show, he often had me on as a guest, and we joked about the old days, and I have to admit, he’s the life of the party. But let’s not forget the history here; his record in politics stinks.


Besides, he’s still alive — and although he’s smart enough that he’s never been caught doing anything illegal, you never know what trouble he could get into, and how badly he could embarrass the city, in the years to come.

Fun with political ads

0

Wowee wow, the political ads are getting strange.


Steve Poizner, desperate to find some kind of traction in the final weeks of the GOP primary campaign, has released a new attack on Meg Whitman that continues in a long line of weird Republican animal flicks. It’s not quite as odd as Carly Fiorina’s demon sheep, but still: There are vultures flying around, vulture squawks in the background, and at one point, a vulture lands on the ground and starts chowing on some carrion.


But there’s a serious point here, too. The ad attacks Whitman for her ties to Goldman Sachs, and points out that she was making big money on dubious insider stock deals just as the rest of the nation’s economy was going to hell. ANd if Poizner thinks this will play with conservative voters, imagine what the Democrats will be able to do with it in the fall.


Then there’s Gavin Newsom’s ad, which starts out reminding us all that his state of the city speech was seven hours long (this is something we want to remember?) then lists all the great accomplishments he’s taking credit for, even though none of them were his initiatives. He talks about San Francisco having the best urban school district in California (although the mayor has no control at all over the schools, and the main reason the district’s finances aren’t worse is because of the Rainy Day Fund, a project of Tom Ammiano). He talks about paid sick leave (which came from the Board of Supervisors, not the mayor’s office) and universal health care (which was sponsored by Ammiano, not Newsom).


Then the ad winds up with Newsom walking back to his office and finding that Willie Brown is sitting in his chair. That, I guess, is a joke — but it only serves to remind viewers that (1) Newsom owes his political life to Brown, one of the most corrupt mayors in San Francisco history and (2) if Newsom wins, he’ll be leaving office early, allowing the supervisors to vote in a new mayor.


 


Did Gavin’s people even make this ad?

ENDORSEMENTS: National and state races

15

Editor’s note: the file below contains a correction, updated May 5 2010. 


National races


U.S. SENATE, DEMOCRAT


BARBARA BOXER


The Republican Party is targeting this race as one of its top national priorities, and if the GOP can dislodge a three-term senator from California, it will be a major blow for the party (and agenda) of President Obama. The pundits are happily talking about how much danger Barbara Boxer faces, how the country’s mood is swinging against big-government liberals.


But it’s always a mistake to count out Boxer. In 1982, as a Marin County supervisor with little name recognition in San Francisco, she trounced then-SF Sup. Louise Renne for an open Congressional seat. Ten years later, she beat the odds and won a hotly contested primary and tough general election to move into the Senate. She’s a fierce campaigner, and with no primary opposition, will have a united party behind her.


Boxer is one of the most progressive members of the not-terribly progressive U.S. Senate. She’s been one of the strongest, most consistent supporters of reproductive rights in Washington and a friend of labor (with 100 percent ratings from the AFL-CIO and National Education Association). We’ve had our disagreements: Boxer supported No Child Left Behind, wrote the law allowing airline pilots to carry guns in the cockpit, and was weak on same-sex marriage when San Francisco sought to legalize it (although she’s come around). But she was an early and stalwart foe of the war in Iraq, split with her own party to oppose a crackdown on illegal immigration, and is leading the way on accountability for Wall Street. She richly deserves reelection, and we’re happy to endorse her.


 


CONGRESS, 6TH DISTRICT, DEMOCRAT


LYNN WOOLSEY


It’s odd that the representative from Marin and Sonoma counties is more progressive by far than her colleague to the south, San Francisco’s Nancy Pelosi. But over the years, Lynn Woolsey has been one of the strongest opponents of the war, a voice against bailouts for the big Wall Street banks, and a foe of cuts in the social safety net. We’re proud to endorse her for another term.


 


CONGRESS, 7TH DISTRICT, DEMOCRAT


GEORGE MILLER


George Miller has been representing this East Bay district since 1974, and is now the chair of the Education and Labor Committee and a powerhouse in Congress. He’s too prone to compromise (with George W. Bush on education policy) but is taking the right line on California water (while Sen. Dianne Feinstein is on the wrong side). We’ll endorse him for another term.


 


CONGRESS, 8TH DISTRICT, DEMOCRAT


NANCY PELOSI


We’ve never been terribly pleased with San Francisco’s most prominent Congressional representative. Nancy Pelosi was the author of the bill that created the first privatized national park at the Presidio, setting a horrible standard that parks ought to be about making money. She was weak on opposing the war, ducked same-sex marriage, and has used her clout locally for all the wrong candidates and issues. But we have to give her credit for resurrecting and pushing through the health care bill (bad as it was — and it’s pretty bad — it’s better than doing nothing). And, at a time when the Republicans are trying to derail the Obama presidency, she’s become a pretty effective partner for the president.


Her fate as speaker (and her future in this seat) probably depends on how the Democrats fare in the midterm Congressional elections this fall. But if she and the party survive in decent shape, she needs to take the opportunity to undo the damage she did at the Presidio.


 


CONGRESS, 9TH DISTRICT, DEMOCRAT


BARBARA LEE


Barbara Lee, who represents Berkeley and Oakland, is co-chair of the Progressive Caucus in the House, one of the most consistent liberal votes in Congress, and a hero to the antiwar movement. In 2001, she was the only member of either house to oppose the Bush administration’s Use of Force resolution following the 9/11 attacks, and she’s never let up on her opposition to foolish military entanglements. We’re glad she’s doing what Nancy Pelosi won’t — represent the progressive politics of her district in Washington.


 


CONGRESS, 13TH DISTRICT, DEMOCRAT


PETE STARK


Most politicians mellow and get more moderate as they age; Stark is the opposite. He announced a couple of years ago that he’s an atheist (the only one in Congress), opposed the Iraq war early, called one of his colleagues a whore for the insurance industry, and insulted President Bush and refused to apologize, saying: “I may have dishonored the commander-in-chief, but I think he’s done pretty well to dishonor himself without any help from me.” He served as chair of the House Ways and Means Committee for exactly one day — March 3 — before the Democratic membership overruled Speaker Pelosi and chucked him out on the grounds that he was too inflammatory. The 78-year-old may not be in office much longer, but he’s good on all the major issues. He’s also fearless. If he wants another term, he deserves one.


 


State races


GOVERNOR, DEMOCRAT


EDMUND G. BROWN


Jerry Brown? Which Jerry Brown? The small-is-beautiful environmentalist from the 1970s who opposed Pacific Gas and Electric Co.’s Diablo Canyon nuke and created the California Conservation Corps, the Office of Appropriate Technology, and the Farm Labor Relations Board (all while running a huge budget surplus in Sacramento)? The angry populist who lashed out at corporate power on a KPFA radio talk show and ran against Bill Clinton for president? The pro-development mayor of Oakland who sided with the cops on crime issues and opened a military academy? Or the tough-on-crime attorney general who refuses to even talk about tax increases to solve the state’s gargantuan budget problems?


We don’t know. That’s the problem with Brown — you never know what he’ll do or say next. For now, he’s been a terribly disappointing candidate, running to the right, rambling on about preserving Proposition 13, making awful statements about immigration and sanctuary laws, and even sounding soft on environmental issues. He’s started to hit his stride lately, though, attacking likely GOP contender Meg Whitman over her ties to Wall Street and we’re seeing a few flashes of the populist Brown. But he’s got to step it up if he wants to win — and he’s got to get serious about taxes and show some budget leadership, if he wants to make a difference as governor.


 


LIEUTENANT GOVERNOR, DEMOCRAT


JANICE HAHN


Not an easy choice, by any means.


Mayor Gavin Newsom jumped into this race only after it became clear that he wouldn’t get elected governor. He sees it as a temporary perch, someplace to park his political ambitions until a better office opens up. He’s got the money, the statewide name recognition, and the endorsement of some of the state’s major power players, including both U.S. Senators and House Speaker Nancy Pelosi. He’s also been a terrible mayor of San Francisco — and some progressives (like Sup. Chris Daly) argue, persuasively, that the best way to get a better person in Room 200 is to ship Newsom off to an office in Sacramento where he can’t do much harm and let the supervisors pick the next mayor.


But it’s hard to endorse Newsom for any higher office. He’s ducked on public power, allowing PG&E to come very close to blocking the city’s community choice aggregation program (See editorial, page 5). His policies have promoted deporting kids and breaking up families. He’s taken an approach to the city budget — no new revenue, just cuts — that’s similar to what the Republican governor has done. He didn’t even bother to come down and talk to us about this race. There’s really no good argument for supporting the advancement of his political career.


Then there’s Janice Hahn. She’s a Los Angeles City Council member, the daughter of a former county supervisor, and the sister of a former mayor. She got in this race way before Newsom, and her nightmare campaign consultant, Garry South, acts as if she has some divine right to be the only Democrat running.


Hahn in not overly impressive as a candidate. When we met her, she seemed confused about some issues and scrambled to duck others. She told us she’s not sure she’s in favor of legalizing pot, but she isn’t sure why she’s not sure since she has no arguments against it. She won’t take a position on a new peripheral canal, although she can’t defend building one and says that protecting San Francisco Bay has to be a priority. She won’t rule out offshore oil drilling, although she said she has yet to see a proposal she can support. Her main economic development proposal was to bring more film industry work to California, even if that means cutting taxes for the studios or locating the shoots on Indian land where there are fewer regulations.


On the other hand, she told us she wants to get rid of the two-thirds threshold in the state Legislature for passing a budget or raising taxes. She supports reinstating the car tax at pre-Gov. Arnold Schwarzenegger levels. She supports a split-roll measure to reform Prop. 13. She wants to see an oil-severance tax to fund education. She’s one of the few statewide candidates who openly advocates higher taxes on the wealthy as part of the solution to the budget crisis.


We are under no illusions that Hahn will be able to use the weak office of lieutenant governor to move on any of these issues, and we’re not at all sure she’s ready to take over the top spot. But on the issues, she’s clearly better than Newsom, so she gets our endorsements.


 


SECRETARY OF STATE, DEMOCRAT


DEBRA BOWEN


Debra Bowen is the only Democrat running, a sign that pretty much everyone in the party thinks she’s doing a fine job as Secretary of State. She’s run a clean office and we see no reason to replace her.


 


CONTROLLER, DEMOCRAT


JOHN CHIANG


Like Bowen, John Chiang has no opposition in the primary, and he’s been a perfectly adequate controller. In fact, when Gov. Schwarzenegger tried two years ago to cut the pay of thousands of state employees to the minimum wage level, Chiang defied him and refused to change the paychecks — a move that forced the governor to back down. We just wish he’d play a more visible role in talking about the need for more tax revenue to balance the state’s books.


 


TREASURER, DEMOCRAT


BILL LOCKYER


Bill Lockyer keeps bouncing around Sacramento, waiting, perhaps, for his chance to be governor. He was attorney general. Now he’s treasurer seeking a second term, which he will almost certainly win. He’s done some good things, including trying to use state bonds to promote alternative energy, and has spoken out forcefully about the governor’s efforts to defer deficit problems through dubious borrowing. He hasn’t, however, come out in favor of higher taxes for the rich or a change in Prop. 13.


 


ATTORNEY GENERAL, DEMOCRAT


KAMALA HARRIS


There are really only two serious candidates in this race, Kamala Harris, the San Francisco district attorney, and Rocky Delgadillo, the former Los Angeles city attorney. Harris has a comfortable lead, with Delgadillo in second and the others far behind.


Delgadillo is on his second try for this office. He ran against Jerry Brown four years ago and got nowhere. And in the meantime, he’s come under fire for, among other things, using city employees to run personal errands for him (picking up his dry-cleaning, babysitting his kids) and driving his car without insurance. On a more significant level, he made his reputation with gang injunctions that smacked of ethnic profiling and infuriated Latino and civil liberties groups. It’s amazing he’s still a factor in this race; he can’t possibly win the general election with all his baggage.


Harris has a lot going for her. She was among the first California elected officials to endorse Barack Obama for president, and remains close to the administration. She’s a smart, articulate prosecutor and could be one of the few women atop the Democratic ticket this year. We were never comfortable with her ties to Willie Brown, but he’s no longer a factor in state or local politics. These days, she’s more closely allied with the likes of State Sen. Mark Leno.


That said, we have some serious problems with Harris. She’s been up in Sacramento pushing Republican-style tough-on-crime bills (like a measure that would bar registered sex offenders from ever using social networking sites on the Internet) and forcing sane Democrats like Assembly Member and Public Safety Committee Chair Tom Ammiano to try to tone down or kill them (and then take the political heat). If she didn’t know about the problems in the SFPD crime lab, she should have, and should have made a bigger fuss, earlier.


But Harris has kept her principled position against the death penalty, even when it meant taking immense flak from the cops for refusing to seek capital punishment for the killer of a San Francisco police officer. She’s clearly the best choice for the Democrats.


 


INSURANCE COMMISSIONER, DEMOCRAT


DAVE JONES


Two credible progressives are vying to run for this powerful and important position regulating the massive — and massively corrupt — California insurance industry. Dave Jones and Hector De La Torre are both in the state Assembly, with Jones representing Sacramento and De La Torre hailing from Los Angeles. Both have a record opposing insurance industry initiatives; both are outspoken foes of Prop. 17; and either would do a fine job as insurance commissioner. But Jones has more experience on consumer issues and health care reform, and we prefer his background as a Legal Aid lawyer to De La Torre’s history as a Southern California Edison executive. So we’ll give Jones the nod.


 


BOARD OF EQUALIZATION, DISTRICT 1, DEMOCRAT


BETTY T. YEE


Betty Yee has taken over a job that’s been a stronghold of progressive tax policy since the days of the late Bill Bennett. She’s done well in the position, supporting progressive financial measures and even coming down, as a top tax official, in favor of legalizing (and taxing) marijuana. We’re happy to endorse her for another term.


 


SUPERINTENDENT OF PUBLIC INSTRUCTION


TOM TORLAKSON


Two prominent Democratic legislators are running for this nonpartisan post, state Sen. Gloria Romero of Los Angeles and Assembly Member Tom Torlakson of Martinez. It’s a pretty clear choice: Romero is a big supporter of charter schools who thinks parents should be able to move their kids out of one school district and into another (allowing wealthier white parents, for example, to abandon Los Angeles or San Francisco for the suburban districts). She’s been supported in the past by Don and Doris Fisher, who put a chunk of their GAP Inc. fortune into school privatization efforts. Torlakson wants more accountability for charters, opposes the Romero district-option bill, and has the support of every major teachers union in the state. Vote for Torlakson.


 


STATE SENATE, DISTRICT 8, DEMOCRAT


LELAND YEE


Sen. Leland Yee can be infuriating. Two years ago, he was hell-bent on selling the Cow Palace as surplus state property and allowing private developers to take it over. In the recent budget crisis, he pissed off his Democratic colleagues by refusing to vote for cuts that everyone else knew were inevitable (while never making a strong stand in favor of, say, repealing Prop. 13 or raising other taxes). But he’s always been good on open-government issues and has made headlines lately for busting California State University, Stanislaus over a secret contract to bring Sarah Palin in for a fundraiser — and has raised the larger point that public universities shouldn’t hide their finances behind private foundations.


Yee will have no serious opposition for reelection, and his campaign for a second term in Sacramento is really the start of the Leland Yee for Mayor effort. With reservations over the Cow Palace deal and a few other issues, we’ll endorse him for reelection.


 Correction update: Yee’s office informs us that the senator suports an oil-severance tax and a tax on high-income earners and “believes that Prop. 13 should be reformed,” although he hasn’t taken a position on Assemblymember Tom Ammiano’s reform bill. 


STATE ASSEMBLY, DISTRICT 12, DEMOCRAT


FIONA MA


Fiona Ma’s a mixed bag (at best). She doesn’t like Pacific Gas and Electric Co. and supports public power, but comes up with strange bills that make no sense, like a 2009 measure to limit rent control in trailer parks. Why does Ma, who has no trailer parks in her district, care? Maybe because the landlords who control the mobile home facilities gave her some campaign cash. She faces no opposition, and we’re not thrilled with her record, but we’ll reluctantly back her for another term.


 


STATE ASSEMBLY, DISTRICT 13, DEMOCRAT


TOM AMMIANO


When the history of progressive politics in modern San Francisco is written, Tom Ammiano will be a central figure. His long-shot 1999 mayoral campaign against Willie Brown brought the left to life in town, and his leadership helped bring back district elections and put a progressive Board of Supervisors in place in 2000. As a supervisor, he authored the city’s landmark health care bill (which Newsom constantly tries to take credit for) and the rainy day fund (which saved the public schools from debilitating cuts). He uses his local influence to promote the right causes, issues, and candidates.


And he’s turned out to be an excellent member of the state Assembly. He forced BART to take seriously civilian oversight of the transit police force. He put the battle to reform Prop. 13 with a split-role measure back on the state agenda. And his efforts to legalize and tax marijuana are close to making California the first state to toss the insane pot laws. As chair of the Public Safety Committee, he routinely defies the police lobbies and the right-wing Republicans and defuses truly awful legislation. We’re glad Ammiano’s still fighting in the good fight, and we’re pleased to endorse him for another term.


 


STATE ASSEMBLY, DISTRICT 14, DEMOCRAT


NANCY SKINNER


Nancy Skinner has taken on one of the toughest, and for small businesses, most important, battles in Sacramento. She wants to make out-of-state companies that sell products to Californians collect and remit sales tax. If you buy a book at your local bookstore, you have to pay sales tax; if you buy it from Amazon, it’s tax-free. That not only hurts the state, which loses hundreds of millions of dollars in tax revenue, it’s a competitive disadvantage to local shops. Skinner’s a good progressive vote and an ally for Ammiano on the Public Safety Committee. We’re happy to endorse her for another term.


 


STATE ASSEMBLY, DISTRICT 16, DEMOCRAT


SANDRE SWANSON


Sandre Swanson represents the district where BART police killed Oscar Grant, but he wasn’t the one out front pushing for more civilian accountability; that was left to SF’s Ammiano. And while Swanson was generally supportive of Ammiano’s bill, he was hardly a leader in the campaign to pass it. This is too bad, because Swanson’s almost always a progressive vote and has been good on issues like whistleblower protection (a Swanson bill that passed this year protects local government workers who want to report problems confidentially). We’ll endorse him for another term, but he needs to get tougher on the BART police.

The CCA “conundrum”

The negotiations for the city’s green municipal power program still haven’t resulted in a finalized contract, and time is running out.

In 42 days, voters will decide whether Prop 16, the ballot initiative dubbed the “Taxpayers Right to Vote Act,” ought to be enshrined into state law. If a simple majority votes yes, the state constitution will be changed to require a two-thirds supermajority vote at the ballot before any municipal electricity program can move forward, effectively making it impossible for local governments to offer alternatives to investor-owned utility companies. Pacific Gas & Electric Co., the 105-year-old utility that gained infamy with the movie Erin Brockovich after it was accused of causing groundwater pollution which led to a cancer cluster in Hinkley, Calif., is poised to spend $35 million to pass Prop 16.

Here in San Francisco, where the vision for a green municipal power program goes back at least half a decade (and PG&E’s monopolistic grip dates back much farther), the plan’s most dedicated proponents have come to view Prop 16 as “the grim reaper.” At a meeting in City Hall last Friday about CleanPower SF, the community choice aggregation (CCA) program that could provide San Franciscans with 51 percent renewable electricity, Sup. Ross Mirkarimi repeated a mantra he’s intoned since approximately last year at this time: “All hands on deck.” Mirkarimi’s face looked tense, and his anxiety about the closing window of opportunity was plain even as he tried to display optimism. If a CleanPower SF program contract is not signed before June 8, when Prop 16 is decided, years of hard work and effort could be lost. With $35 million worth of carefully crafted PR messaging that reveals nothing about the sole financier of the measure or its anti-competitive intentions, Prop 16 has a decent shot at voter approval.

The race against the clock has been intensified by the fact that the San Francisco Public Utilities Commission, the city agency tasked with implementing CCA, has been unable (or unwilling, some critics charge) to broker a deal with Power Choice Inc., the energy service provider selected for CCA. Negotiating sessions have been ongoing since February, with SFPUC staff members, SFPUC General Manager Ed Harrington, three city attorneys, and staff of the Local Agency Formation Commission devoting hours to negotiations. “We are continuing to work hard to secure a contract,” SFPUC Assistant General Manager of Power Barbara Hale told the Guardian.

Yet as the days pass, the absence of a signed contract in hand has program advocates increasingly worried, frustrated, and suspicious of the SFPUC. “My sense, and my fear quite frankly, has been that the level of commitment [from the SFPUC] isn’t there, and if it were there … then we would have a finalized contract,” Sup. David Campos noted at a joint meeting between LAFCo and the SFPUC on Friday.

John Rizzo of the Sierra Club told the Guardian that Harrington approached the environmental group last week requesting that it join the SFPUC in issuing a press release blaming PG&E’s Prop 16 for marring CCA’s prospects. Harrington was ready to announce that the CCA had reached a preliminary contract, but not really a contract at all, since key terms such as a rate structure would not be hammered down till after the June 8 election. The Sierra Club declined to go along with that idea. Such a move would have jeopardized the program’s shot at success. Campos highlighted this problem at the meeting, saying, “Even though there are risks associated with CCA, the risk of not doing this and not having as concrete a contract by the election is greater.”

Green power advocate Eric Brooks noted that he had received a call from Nancy Miller, the executive director of LAFCo, notifying him that the SFPUC felt that Prop 16 had created a climate that made it too difficult to negotiate, and that a press release would be issued explaining as much. In the end, the SFPUC agreed to stay the course at the negotiating table. At Friday’s meeting, there was no mention of pushing the contract back to a later date. Instead, everyone nodded in polite agreement that all hands were, indeed, on deck.

But during his presentation to commissioners, Harrington emphasized the difficulty in meeting the twin program goals: green power on one hand, and competitive pricing on the other. He displayed charts showing how much more expensive wind and solar were than “brown power,” the fossil fuel and nuclear variety currently offered by PG&E. When challenged on the SFPUC’s commitment, Harrington responded tersely, “Staff commitment does not change the economic reality of the world.”

Brooks, who has weighed in and watched the process unfold since the beginning, later charged that Harrington was presenting a wholly different picture from what was originally agreed to as a way of subverting the program. “He purposely showed the numbers so that they would look worse,” Brooks said. “His key trick was … allowing the contractor the option of a 3-to-5 year contract. No one thinks you can pay renewable energy off in three years, that’s ridiculous. … He knows that the plan was to pay this off over 15 years. There’s no way he didn’t know that the idea is to pay it off in 15 years.”

Harrington was not available for comment. But Hale, who did speak with the Guardian, told us, “We’re absolutely open to a longer-term contract.” The problem, she said, has been determining a rate that makes sense both to guarantee the long-term viability of the program while meeting the renewable-energy program goals and the financial commitment necessary to make it worthwhile for the service provider. It’s like a big control board with multiple dials, and the problem seems to lie in twisting the knobs to find the appropriate setting. So far, they haven’t hit the sweet spot.

Meanwhile, the political backdrop of this “conundrum,” as Harrington called it, is that Mayor Gavin Newsom, now a candidate for Lieutenant Governor, would be placed in an awkward position if a Board-approved contract for the CCA program landed on his desk before June 8. If he endorsed the contract with his signature, he would earn the ire of PG&E, a moneyed political ally that could help him reach the office he aspires to. But if he vetoed CCA, it would amount to a stunning display of hypocrisy, since he would be a green mayor rejecting the greenest municipal power program ever attempted. Newsom, who wants to name a street after former Mayor Willie Brown even as Brown is publicly arguing in favor of Prop 16, could avoid that dilemma altogether if the contract negotiations just imploded, or were at least delayed till after June 8.

Trash talk

3

Sarah@sfbg.com

The battle to win San Francisco’s lucrative garbage disposal contract turned nasty as city officials tentatively recommended it go to Recology (formerly Norcal Waste Systems), causing its main competitor, Oakland-based Waste Management, to claim the selection process was flawed and bad for the environment.

Recology is proposing to dispose of San Francisco’s nonrecyclable trash at its Ostrom Road landfill in Yuba County, which is double the distance of the city’s current dump. The contract, worth hundreds of millions of dollars, would run until 2025.

For the past three decades, the city has trucked its trash 62 miles to the Altamont landfill near Livermore, under an agreement that relied on the services of the Sanitary Fill Company (now Recology’s SF Recycling and Disposal) and Oakland Scavenger Company (now Waste Management of Alameda County).

That agreement allowed up to 15 million tons of San Francisco’s municipal solid waste to be handled at Altamont or 65 years of disposal, whichever came first. As of Dec. 31, 2007, approximately 11.9 million tons of the capacity had been used, leaving a balance of 3.1 million tons, which the city estimates will be used up by 2015.

Currently Recology collects San Francisco’s curbside trash, hauls it to Pier 96, which is owned by the Port of San Francisco, then sends nonrecyclables to the Altamont landfill operated by Waste Management.

After SF’s Department of the Environment issued a request for qualifications in 2007, Waste Management, Recology, and Republic Services were selected as finalists. The city then sent the three companies a request for proposals, asking for formal bids as well as details of how they would minimize and mitigate impacts to the environment, climate, and host communities, among other criteria.

Republic was dropped after a representative failed to show at a mandatory meeting, and Recology was selected during a July 2009 review by a committee composed of DOE deputy director David Assmann, city administrator Ed Lee and Oakland’s environmental manager Susan Kattchee.

The score sheet suggests that the decision came down to price, which was 25 percent of the total points and made the difference between Recology’s 85 points and Waste Management’s 80 in the average scores of the three reviewers. But the scores revealed wide disparities between Kattchee’s and Lee’s scores, suggesting some subjectivity in the process.

For instance, Kattchee and Lee awarded Recology 15 and 23 points, respectively, for its “approach and adherence to overarching considerations.” Kattchee awarded 13 points to Recology’s “ability to accommodate City’s waste stream,” while Lee gave it 24 points. And Kattchee awarded Waste Management 13 points and Lee gave it 20 for its proposed rates.

When the selections and scores were unveiled in November, Waste Management filed a protest letter; Yuba County citizens coalition YUGAG (Yuba Group against Garbage) threatened to sue; and Matt Tuchow, president of the city’s Commission on Environment, scheduled a hearing to clarify how the city’s proposals was structured, how it scored competing proposals, and why it tentatively awarded Recology the contract.

Emotions ran high during the March 23 hearing, which did little to clarify why Recology was selected. Assmann said that much of the material that supports the city’s selection can’t be made public until the bids are unsealed, which won’t happen until the city completes negotiations with Recology and the proposal heads to the Board of Supervisors for approval.

YUGAG attorney Brigit Barnes said Recology’s proposal could negatively affect air quality in Alameda, Contra Costa, Solano, Yolo, Sacramento, and Yuba counties, and does not attain maximum possible reductions of greenhouse gas emissions. Barnes pointed to a study commissioned by Waste Management showing the company’s biomethane-fueled trucks emit 68 percent fewer greenhouse gases than Recology’s proposed combination of trucks and trains.

Barnes further warned that Recology’s proposal might violate what she called “environmental justice strictures,” noting that “Yuba County has one of the lowest per capita incomes and one of the highest dependent populations in the state.”

She also claimed that awarding the contract to Recology would create a monopoly over the city’s waste stream and could expose the city to litigation. “Every aspect of garbage collection and waste treatment will be handled by Norcal’s companies,” Barnes stated, referring to antitrust laws against such monopolies.

Deputy City Attorney Tom Owen subsequently confirmed that the two main companies that handle San Francisco’s waste are Recology subsidiaries. “But it’s an open system,” Owen told the Guardian. “Recology would be the licensed collectors and would have the contract for disposal of the city’s trash.”

Irene Creps, a retired schoolteacher who lives in San Francisco and Yuba County, suggested at the hearing that the city should better compare the environmental characteristics of Ostrom Road and the Altamont landfill before awarding the contract. She said the Ostrom Road landfill poses groundwater concerns since it lies in a high water table next to a slough and upstream from a cemetery.

“It’s good agricultural land, especially along the creeks, red dirt that is wonderful for growing rice because it holds water,” Creps said of Recology’s site. “I’d hate to see that much garbage dumped on the eastern edge of Sacramento Valley.”

Livermore City Council member Jeff Williams said the Altamont landfill has the space to continue to dispose of San Francisco’s waste and he warned that Livermore will lose millions of dollars in mitigation fees it uses to preserve open space.

“Waste Management has done a spectacular job of managing the landfill and they have a best-in-their-class methane control system,” Williams said, noting that the company runs its power plants on electricity and its trucks on liquid methane derived from the dump.

Williams pointed out that the Altamont landfill is in a dry hilly range that lies out of sight, behind the windmills on the 1,000-foot high Altamont Pass. “It’s many miles from our grapevines, in an area used for cattle grazing because it’s not particularly fertile land,” Williams said. “We are filling valleys, not building mountains.”

Waste Management attorney John Lynn Smith told the commission that the city’s RFP process was flawed because it didn’t request a detailed analysis of transportation to the landfill sites or fully take into account greenhouse gas emissions, posing the question: “So, did you really get the best contract?”

David Gavrich, who runs San Francisco Bay Railroad and Waste Solutions Group, testified that he helped negotiate the city’s contract 35 years ago, saving taxpayers hundreds of millions of dollars, and that the city needs to be smarter about this contract.

Gavrich and port director Monique Moyer wrote to the Department of the Environment in June 2009, stating their belief that shipping trash by rail directly from the port “can not only minimize environmental impacts, but can also provide an anchor of rail business from the port, and a key economic engine for the local Bayview-Hunters Point community, and the city as a whole.” But Gavrich said DOE never replied, even though green rail from San Francisco creates local jobs and further reduces emissions.

“Let the hearings begin so people get more than one minute to speak on a billion-dollar contract,” Gavrich said, citing the time limit imposed on speakers at the commission hearing.

Wheatland resident Dr. Richard A. Paskowitz blamed former Mayor Willie Brown’s close connection to Recology mogul Michael Sangiacomo for the company’s success in pushing through a state-approved 1988 extension of its Ostrom Road Landfill while assuring Yuba County residents that the site would only be used as a local landfill.

“The issue is that Yuba County is becoming the repository of garbage from Northern California,” Paskowitz said, claiming that the site already accepts trash from Nevada.

Members of the commission told Assmann that they wanted an update on the transportation issue, but they appeared to believe the process was fair. “One guy got the better score,” Commissioner Paul Pelosi Jr. said. “The fact that they may or may not have permits or the best location, that’s for the Board of Supervisors to take up.”

Recology spokesperson Adam Alberti told the Guardian that its bid was predominantly about handling the waste stream. “Everybody’s bid included transportation, so you include the cost of getting the trash there. But primarily we were looking at the cost of handing the city’s waste,” Alberti said. “Recology’s Ostrom Road facility has more than enough capacity to hold not only San Francisco’s, but also the surrounding region’s, waste.”

Alberti said Recology is still pursuing a permit for a rail spur to get the waste from Union Pacific’s line, which ends some 100 yards from Ostrom Road site. Still, he said the company is confident it will be awarded, calling this step “a pro forma application with Yuba County.” Alberti also noted that it’s normal for host communities to object to landfills but that Yuba County stands to gain $1.6 million from the deal in annual mitigation fees.

Assmann told the Guardian the selection process took into account issues raised at the hearing. “The important thing in a landfill is to make sure there is no seepage, no matter how much rainfall there is, “Assmann said. “And there are still two hurdles Recology needs to clear: a successful negotiation, and the approval of the board.”

Sit, lie, stand and fight

14

A version of the following op-ed by Ben Rosenfeld ran in this week’s Guardian, edited for space reasons, and it’s generating quite a lively discussion here. He has asked us to post this extended dance mix of his piece, which offers more political context and gets into some of the issues raised in this weeks’ cover story, which is also generating heated debate. So here it is:

            This is a call out to creative, fun-loving San Franciscans: The mayor, the police chief, and their downtown cronies have declared war on our grassroots arts culture, and they are coming for your actual and conceptual space next. All that stands between the town you love and their vision of San Francisco as one big mercantile zone is a single vote progressive majority on the Board of Supervisors. But come November, they see the chance to take that away. The future they promise is already manifest in their many recent attacks on public and private gatherings, and their efforts to wrest the commons from the commoners.

            On Halloween 2009, the San Francisco Police, under their new chief, Los Angeles transplant George Gascón, shut down the Take Back Halloween Flashdance in front of the Ferry Building before DJ Amandeep “Deep” Jawa even arrived. Then they shut down several smaller street parties. (SFBG, 11/2/09) Their official reason—that organizers lacked permits—is what Bill Clinton famously termed an explanation, but not an excuse. The SFPD has a long history not only of tolerating unpermitted gatherings, but of re-routing traffic around and even escorting them. They are fully empowered to grant the equivalent of on-the-fly permits, a concept recognized in federal parks regulations. Applying for an actual permit is cumbersome, costly, anti-spontaneous, and reinforces the government’s view of itself as censor.

            Since Halloween, Chief Gascón’s force has been striking a mighty blow against crime by writing scores of open container citations to revelers in Dolores Park; fining or forcing the closure of SOMA clubs and bars for failing to conform to every fickle letter of the law; and sending undercover officers into warehouse and studio parties to bust them from within, sometimes violently, and without warrants. Their alpha party-crasher is a twitchy undercover cop named Larry Bertrand. He reportedly makes a habit of gratuitously attacking partygoers and vandalizing property, especially DJ equipment. One DJ wrote on a confidential email list: “I have been telling every DJ I know to run with their gear when your party gets busted [by Bertrand].” Not only has the chief failed to rein in Bertrand, but he wants to put a Taser in his hand, and in the hands of a rotten core of approximately 100 other officers whom the Chron found in 2006 are responsible for most citizen complaints, but whom the Department and this chief have systematically failed to discipline.

            Perhaps the most un-San Franciscan of all of Gascón’s initiatives is his demand for an anti-sit/lie ordinance, which would literally criminalize the very act of sitting or lying on certain public sidewalks at certain times. Never mind the fact that most violent crime is committed by people standing up and in striking range. Gascón appears to share the mayor’s philosophy that homelessness is just an aesthetic problem the rest of us should hose off our sidewalks. Not only is the idea just plain mean, it is anathema to San Francisco’s culture of compassion and broadmindedness, and its affirmative celebration of vibrant street culture. The danger is not that the police will arrest everyone who dares to take a load off or sit and sip a Snapple against the side of a building, but that they will enforce the law selectively according to their own purity tests, while robbing the rest of us of a diverse street scene that makes us all richer.

            To be sure, essential San Francisco has reasserted itself in the teeth of earlier culture wars, if in ever wealthier iterations. When Willie Brown stood in front of Critical Mass in 1997 and declared it illegal, riders blew by him like he was a grand prix flagman, and ridership surged from one or two thousand to five to seven thousand. What’s different this time are the demographics. San Francisco is richer than ever before, even at the height of the dot.com boom. Rents are through the roof. Everywhere, industrial warehouses and studios are drying up and concept industrial restaurants and bars are sprouting up. A new wave of young, hip residents has arrived seeking Dionysus, but they want no part of the political machinations under his robe. They are liberal, but they are not active. At least not yet. The mayor, the chief, and the norm core they serve are counting on our collective non-engagement. If we don’t band together—hipsters, activists, artists, and fun-loving folk all—we will watch the San Francisco we cherish slip away.

            On March 27, reclaim public space. Sit and lie on the public sidewalk. March and sing in the public street. Picnic on the pavement. Pop open a beer in Dolores Park. Do it without a permit. The Constitution is your permit. San Francisco’s heritage of artistic experimentation is your permit. Hell, the people telling you to get a permit flocked here because people like you marched around them in the first place and made this City a model of art and innovation for the world. Do it for them too. This is a defining moment. They are playing for keeps and so must we. Let’s bask in San Francisco’s ongoing heyday, not in quaint stories of the good times that used to be.

Hank Plante’s exit interview

2

Hank Plante ends a three-decade run as a political journalist with tonight’s (March 24) broadcast of the CBS 5 Eyewitness News, where he has worked since 1986 after starting his career with newspapers in Washington DC. So we took the occasion to talk politics with him, learning that his loyalties lie downtown.

Plante agreed that politics has become ugly these days. “It’s just so much more acrimonious, that’s one thing that’s changed. The other is just the money that’s involved,” Plante told us, marveling at Meg Whitman’s plans to spend $40 million of her own money to run for governor and the $1 million per day that corporations spent lobbying against the health reform bill signed by President Obama.

But the changes haven’t gotten Plante down, as they have many political junkies, who decry the crippling of government’s ability to combat corporate power and address real social and economic problems. “I’ve never become a cynic, and I think that’s one thing that sets me apart from many political journalists,” he said, adding, “I still think politicians can make a difference.”

Yet like many political journalists, when I ask who his favorite politicians have been, he rates them based on whether they’ve made good stories, not whether they good for the people. For journalists, bad is often good, whether it be natural disasters or disgraceful politicians.

“Arnold is a great story. Willie Brown was a great story. Gray Davis was a dull story until he got recalled, then he was a good story,” Plante said.

What about Mayor Gavin Newsom, who has often given Plante exclusive access (including Newsom’s first extended interview after his 2007 sex scandal), but who has also angrily walked out in the middle of an interview with Plante. 

“Personally, I like the mayor. But I have to ask him tough questions, so he can be mercurial. Right now, he’s running for office again, so he’s charming,” Plante said.

In fact, for a journalist, Plante makes clear his preference for Newsom over the progressive majority on the Board of Supervisors, joking, “If I had a month to live, I’d spend it with the Board of Supervisors because it would seem like five years.”

Plante also said that he opposes district elections — which he said have prevented the emergence of big-stature political figures like Dianne Feinstein and Quintin Kopp — and Plante said he doesn’t see the value of district elections in counteracting the political power of downtown corporations. “I’m a capitalist and I have no problem with people making money,” he said.

Yet Plante acknowledges the divide between downtown and progressives is San Francisco’s dominant political dynamic, noting, “You see how afraid downtown is of the Board of Supervisors appointing the new mayor.”

While Plante said he believes in the importance of politics, he does decry how political science and public relations have been manipulated in recent years.

“They’re taken a page out of the Karl Rove playbook to talk over the journalists right at the public,” Plante said, noting how many politicians no longer feel the need to be accessible to journalists or honestly and directly answer their questions. “They really want to control the message, so the accessibility is diminished.”

Nonetheless, Plante said he regularly emphasizes the importance of political engagement: “In a place like the Bay Area, where people are inundated with lots of information sources, you have to keep saying it over and over again.” 

Plante, 63, is retiring and moving to his home in Palm Springs with his partner, Roger. Among the many awards and accolades he earned during his career are several Emmys and a prestigious Peabody Award. His station sent out a press release praising Plante, including this comment by anchor Dana King: “There is an entire population of politicians breathing a sigh of relief at the news of Hank’s retirement. Hank was the consummate professional, never combative but he did his homework and asked tough, pointed questions. Politicians, love him or hate him, respected and answered them, every single time. Our newsroom will suffer a huge intellectual void when he leaves.”

Editor’s Notes

6

Tredmond@sfbg.com

In 2003, after the United States invaded Iraq, a San Francisco Chronicle technology columnist named Henry Norr got fired for participating in an antiwar demonstration. Marching against the war, the Chron’s managers decided, was a conflict of interest. Although Norr didn’t write about politics, or international affairs, or anything other than computers, he was sent packing.

A year later, Chronicle reporter Rachel Gordon was barred from covering the biggest story in town — Mayor Gavin Newsom’s decision to allow same-sex marriages — because she’d married her same-sex partner. Again the paper’s editors went up on their big high horses and pronounced her conflicted.

So how come it’s fine for columnist and former mayor Willie Brown — who writes about politics all the time — to work as a flak for Pacific Gas and Electric Co.?

Brown was on hand to represent PG&E March 17 at a California Public Utilities Commission hearing on Proposition 16, a statewide ballot measure aimed at blocking public power. He sat with the PG&E executives and said in public that he was there on PG&E’s behalf. PG&E has been a client of his private law firm, and he acknowledged that the company "sought my counsel" over the past few years.

Sounds like a lot more obvious conflict than anything Norr or Gordon did.

But guess what? The Chron has a different standard for celebrity former mayors who carry water for corrupt utilities. When we asked Chronicle editor Ward Bushee about Brown’s obvious conflict, here’s what he said: "Willie Brown writes a popular weekly column for the Chronicle, and readers frequently tell us that they look forward to reading his informed insights and entertaining opinions on issues ranging from politics to movies.

"Our readers like his column to a large degree because he’s the Willie Brown with a long and colorful political history and many connections," he continued. "Willie is not an employee or a member of the Chronicle staff but his columns go through standard editing procedures. He understands conflict of interest as well as anyone. I’m confident that he would not use his column to promote or benefit outside interests or clients. But if you feel differently, why don’t you contact him and ask him these questions directly."

Um, actually, Mr. Bushee, you need a history lesson. Brown was notorious for using his position as speaker of the state Assembly to promote the interests of his private law clients — something that could have gotten him disbarred in 47 states (but not this one). So he has a long history of "promoting … outside interests or clients."

And I did try to contact him. The first time I called, he answered his phone but said he was too busy to talk. I’ve left messages since then, and he hasn’t called back.

For the record, I enjoy Brown’s column too. And for the record, I have no problem with a journalist taking stands on issues. I speak about issues all the time — on panels, on the radio, at community events … anytime anyone’s willing to listen, I’ll tell you what I think. Which is pretty much what you read right here.

But I never get paid for advocating for anyone, certainly not PG&E. And I don’t like double standards.

Frankly, Bushee is wrong here. If Willie Brown can show up as PG&E’s spokesperson at a public hearing on a major political issue and still cover San Francisco and California politics as a columnist (without, by the way, ever disclosing in his column that a major player in the political world is a private client of his), then the Chron should give Henry Norr his job back. And Rachel Gordon should be able to write about the politics of same-sex marriage. Because this looks really, really bad.

Willie Brown to speak in favor of Prop 16 tomorrow

A public forum will be held tomorrow at the California Public Utilities Commission to discuss Proposition 16, the ballot initiative that PG&E is bankrolling in order to require a two-thirds majority vote before any municipality can become an electricity provider.

The Guardian has received word that former San Francisco Mayor Willie Brown will be speaking in support of Prop. 16. We initially heard that he would be speaking on behalf of the California Chamber of Commerce, so we placed a call with the COC to verify whether that was the case. That prompted Robin Swanson, spokesperson for the Yes on 16 Campaign, to call and clarify that Brown is speaking on his own behalf. “He’s just speaking in support of Prop 16,” she said, speculating that maybe he was interested in the issue due to his own experience in local government.

Willie Brown formerly worked for PG&E providing “consulting services,” according to a 2007 annual report.
When asked whether Brown was approached by either PG&E or the Yes on 16 Campaign to speak in support of the initiative, Swanson said, “I don’t know how that came about.”

We placed a call to Brown to ask him directly, but haven’t heard back yet.

The public forum, which will begin with a press conference on the steps of the CPUC building at 505 Van Ness, will be held from 1 p.m. to 5 p.m. Additional information can be found here.

Editor’s Notes

0

Tredmond@sfbg.com

For decades, the San Francisco City Charter has had a fairly simple process for filling vacancies in local elected offices: the mayor makes an appointment. A supervisor leaves office, or the district attorney leaves office, or the city attorney leaves office, or the controller leaves office, or the assessor leaves office, or the public defender leaves office … there’s no election. It’s up to the mayor to fill the job. It gives the person in Room 200 a tremendous amount of power.

Gavin Newsom’s a beneficiary of this system — he didn’t run for election the first time he took elected office. A mayor named Willie Brown appointed him to the Board of Supervisors.

If the mayor leaves office, on the other hand, the Board of Supervisors, by a majority vote, gets to fill that position. And while Newsom has never complained about any of this in the past, now that he thinks he’s going to get elected lieutenant governor, he’s got a campaign underway to make sure the current district-elected board doesn’t get to name his successor. He wants to change the City Charter to mandate a special election if a mayor leaves office before the end of his or her term.

It’s about as hypocritical and self-serving as you can imagine, although he carefully talks about “democracy” and “the voters choosing.”

I find it kind of silly (and expensive) to plan a special election for mayor in March or April of next year when there’s already a regular election for mayor in November. And special elections have notoriously low turnout (favoring candidates with money and name recognition). But let’s play this out.

I’ve always thought it was odd that the mayor got to appoint supervisors. The governor can’t appoint state legislators; the president doesn’t appoint members of Congress. So if we’re going to change things, let’s be sure to change that, too. And then let’s take away the mayor’s ability to fill any vacancy in any elected office.

But you see, Newsom’s office told me he’s against that. He doesn’t want to limit the mayor’s power — just the power of the supervisors. Go figure.