Steven T. Jones

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

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

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

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

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

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

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

Bad faith

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steve@sfbg.com

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Oakland considers limiting and licensing marijuana growers

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Updated info below

The medical marijuana community – everyone from small growers to Harborside Health Center, the biggest dispensary in Oakland – are reacting strongly against an ordinance proposed by Oakland City Council members Rebecca Kaplan and Larry Reid to limit and license marijuana cultivation, a proposal that will be heard tonight (7/13) at 6 p.m. by the council’s Public Safety Committee.

They say the measure is an affront to medical marijuana patients and the small growing operations that have been at the forefront of the long struggle to legalize pot for medical uses. While the measure stems from concern about growing weed in residential areas – it would allow only a few large growing operations exclusively in industrial areas – critics characterize it as an attack on patients that violates Prop. 215, the 1996 measure that legalized medical marijuana and explicitly allows patients to grow their own medicine.

“It’s a disturbing turn of events for the usually forward thinking Oakland City Council,” medical marijuana consultant Gaynell Rogers, who works with Harborside, the city’s premier dispensary, wrote in a press release. It went on to quote Harborisde executive director Steve DeAngelo as saying, “This ordinance would deprive hundreds of patient-farmers of their livelihood. It seems a very unfair way to repay them for the years during which they courageously stood up to the federal government, and faithfully supplied patients with the medicine they could not get anywhere else…I’d rather see Harborside’s own opportunity to produce on a centralized efficient-scale basis reduced, than to see the small patient-farmers who are the backbone of this movement driven to extinction.”

Kaplan did not immediately return a Guardian call seeking comment, and neither did Oakland City Attorney John Russo, who is one of the few active law enforcement officers and elected officials to come out in support of Prop. 19, the fall ballot measure that would legalize marijuana for even recreational use by adults.

In addition to regulating growers for the first time, the proposed legislation would also increase the number of licensed dispensaries from four to six. San Francisco, a trailblazer in regulating medical marijuana, currently has more than 22 licensed dispensaries and no licensing program for growers, although Sup. Ross Mirkarimi has said there is a need to better protect growers from prosecution and even to explore having the city grow medical marijuana.

While medical marijuana advocates welcome regulations as a necessary step toward legitimizing the industry, they generally oppose anything limits a patient’s rights to grow their own weed. “We support local regulation but not when it’s at the expense of patients,” Mike Meno, a spokesperson for the DC-based Marijuana Policy Project, told the Guardian.

The hearing will be held in council chambers, with this item last on the agenda for a meeting that begins at 6 p.m.

Update: Kaplan has been in a closed session on Oakland Police Department issues all day, but her staffers just got back to me and clarified that the measure allows small grows of up to 96 square feet or 72 plants (Oakland’s standard for the needs of three patients) to continue unlicensed, although they say the intention is to eventually set standards and a legal framework for all medical marijuana growers.

Policy analyst Ada Chan said Kaplan is concerned about commercial grows in residential areas and its related crime and fire risks and “she feels we need to move it out of residential areas.” She said Harborside and other medical marijuana players were consulted in drafting the legislation, which she said would likely be subject to more staff work before being approved: “This is just the first step.”

But Harborside attorney James Anthony told us that he had not seen language or specifics on the legislation until it was publicly released last week, he’s still concerned that small growing operations will be hurt by the measure because of ambiguity in the legislation, and he fears the council intends to move quickly on an unworkable policy: “This thing is on track to go to the full City Council next week and pass.”

SF business community just opposes government

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Mayor Gavin Newsom and his business community allies often accuse progressive members of the Board of Supervisors of being too “ideological” in their proposals, particularly when they involve revenue or regulations. But a looming battle over reforming the city’s business tax – one of three new revenues set for a special Budget & Finance Committee meeting tomorrow (7/9) at 11:30 am – shows that an ideological aversion to taxes of any kind drive Newsom and the business community more than their stated concern for “jobs” and the “economy.”

Board of Supervisors President David Chiu crafted his measure – which creates a progressive structure for the currently flat payroll taxes and uses small commercial rent tax to spread the tax burden among more businesses (only 10 percent of which now pay the payroll tax) — specifically to decrease the business tax burden on small businesses and protect private sector jobs while also bringing in about $35 million more into the city, which will save some city jobs and thus help the local economy.

City Economist Ted Egan and the Office of Economic Analysis confirmed that Chiu’s carefully crafted measure does just that, noting that it was based on recommendations made last month in a report by his office and two private accounting firms that was jointly commissioned by both Chiu and Newsom.

“The proposed legislation modifies the Progressive Payroll option in the Controller’s report, to achieve greater revenue growth while minimizing private sector job growth,” concludes Egan’s analysis. And that’s the idea of this legislation, to save some city jobs and services without hurting the private sector. Egan found this tax reform would on balance have no impact on private sector jobs.

But the Small Business Commission, driven by anti-government zealots in their community, wants even greater concessions and to minimize government revenues, demands that Chiu is now considering giving in to, with sources close to the negotiations saying they will amend the plan to exempt more small businesses and lower the revenue projection to more like $28 million.

“There are members of the small business community that are averse to any taxes,” Regina Dick-Endrizzi, director of the city’s Office of Small Business (which staffs the commission), told us.

She said the commission isn’t opposing or supporting the measure, and while she said the business community isn’t ideologically opposed to government, she did admit that “they are just not sensitive to keeping city workers employed.”

And that’s a terribly selfish and self-defeating attitude that hurts the local economy and the services we all depend on. The problem is the small business community — which is supported by the Bay Guardian and beloved by all as a key job creator — is being used by conservative ideologues and large corporations and lured into joining their anti-government crusade. This has to change, and this legislation is a good opportunity to talk about the real ideological barriers that are hindering common sense solutions to this city’s problems.

Oakland and SF brace for reaction to Mehserle verdict

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Oakland and San Francisco police and city officials are nervously awaiting the verdict in the murder trial of Johannes Mehserle, the former BART police officer who shot and killed Oscar Grant on a train platform last year, although the latest word is that verdict won’t come today (July 6), and probably not tomorrow, because of the absences of two jurors.

After demonstrations against Mehserle in Oakland last year turned into destructive riots, officials fear another outbreak of violence, particularly given the racial undertones to the crime, but they are urging calm and saying they will facilitate peaceful demonstrations in reaction to however the Los Angeles jury rules.

“We anticipate that regardless of the verdict reached by the jury, demonstrations will occur in downtown Oakland, and possibly throughout the city. The City of Oakland is committed to facilitating peaceful expression and demonstrations. The City of Oakland is also prepared to deal with the situation if it turns violent. Our goal is to protect public safety and property by minimizing the vandalism and violence,” reads a memo the Mayor’s Office distributed to Oakland city employees.

Of particular concern to Oakland officials is the area around Oakland City Hall, which they want evacuated before the demonstrations begin. As the memo said, “We learned from the January 2009 BART demonstrations that 14th & Broadway and the City Hall Complex are target areas and there is some indication that history may repeat itself. City management is concerned about the safety of our employees and it may be necessary to release some city staff earlier than normal. Similar planning efforts are being considered by the State and Federal buildings as well as private employers in the surrounding area.”

In fact, witnesses say that many Oakland business owners in the area have already started to board up their storefronts in anticipation of civil unrest. Police in both Oakland and San Francisco have been placed on alert and SFPD Officer Samson Chan said all officers, even plainclothed investigators, will be in uniform from now until the verdict.

SFPD Chief George Gascon held a press conference with African-American church leaders this afternoon urging calm and announcing that community centers throughout the city will be opened to give people peaceful opportunities to express their frustrations. “They all urged people to react to the verdict in a peaceful way,” Chan said.

In a public statement accompanying the internal memo, Mayor Ron Dellums expressed sympathy with the frustrations that people may feel if Mehserle is seen as getting a lenient verdict – “We understand that the community is grieving, and we are in this together. We will get through this together.” – but he ended the message by saying, “We are asking for the community to come together, look out for one another, and stay safe. We will not tolerate destruction or violence. We live here, and we love Oakland.”

Local ballot measure campaigns reach the finish line

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The deadline for submitting enough valid signatures to quality local initiatives for the November ballot is today (July 6) at 5 p.m., which made for a busy holiday weekend for two San Francisco ballot measures that will be close calls: labor’s effort to increase the city’s hotel tax by 2 percent and the pension reform measure pushed by Public Defender Jeff Adachi.

“It’s going to be really close,” Adachi told the Guardian on Friday, referring to a measure to increase how much city employees contribute to their pensions and health care costs, which the labor movement is bitterly opposing.

But labor leaders say they have enough signatures for their Hotel Fairness Initiative after an all-hands-on-deck weekend of gathering and counting signatures, and they plan to hold a rally on the steps of City Hall at 1:45 pm on their way to turn the signatures in to the basement Elections Department. That initiative needed at least 7,168 valid signatures and officials say they turned in about 17,000.

Adachi says he’s also cleared the 44,799 signature threshold for qualifying a charter amendment and plans to turn them in at 4 p.m. He has yet to formally support the hotel tax increase (which could bring in about $30 million per year) or any of the other proposed revenue measures being considered by the Board of Supervisors, which still has a few more weeks to place measures on the ballot.

“It doesn’t deal with the train wreck that we’re in,” Adachi said of the proposed revenue measures, noting that they don’t come close to reaching the $167 million per year that he says his employee benefits reform measure would bring into the city, which labor leaders say will come directly out of the pockets of city employees and hurt the local economy.

But Adachi counters by telling us, “My message is there’s not going to be a city to run in a few years if we don’t do something.”

Meanwhile, Sup. Sean Elsbernd last week turned in about 76,000 signatures to remove Muni workers’ pay guarantees from the city charter, which would appear to easily qualify. The Board of Supervisors is working on a competing ballot measure that would also remove that guarantee, but include a more comprehensive reform that includes governance and oversight changes and new revenue.

Sparks reveals her conservativism in exchange with Walker

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During the District 6 supervisorial candidate debate that San Francisco Young Democrats held last week, a two-question exchange between two of the leading candidates – progressive Debra Walker and downtown-backed Theresa Sparks – offered a revealing look at their starkly different worldviews and priorities, which is more important in this race than people’s machine politics conspiracy theories.

During the second portion of the event, candidates were allowed to ask a question of another candidate, and Walker and Sparks focused on one another with pointed questions (this occurred at around the 30-minute mark, although the video doesn’t seem to allow users to forward to that point, forcing you to endure the often insipid commentary).

Walker went first, asking Sparks why, during her more than four-year tenure on the Police Commission – a body in charge of disciplining police officers accused of serious misconduct after citizen complaints are investigated and found valid by the Office of Citizen Complaints, with each case assigned to a particular commissioner – Sparks didn’t hold any hearings or act to punish any officers.

Sparks said the accusation wasn’t true, and that she did hold one hearing during that time, and then said that the Police Commission is prohibited by the city charter from intervening in the internal workings of the Police Department, implying that the body isn’t actually in charge of disciplining officers. Walker said Sparks was wrong and tried to ask a follow-up question and was cut off by moderator Melissa Griffin.

So this week, I called both candidates to try to get to the bottom of the dispute. “She indicated it’s not the commission’s job to focus on these things, and that’s absolutely not the case,” Walker said. “She was incorrect saying it wasn’t the job of commissioners to do this.”

And when I talked to Sparks, she didn’t dispute that fact, but conveyed how complicated the process was when officers are accused of serious misconduct (minor misconduct just goes to the chief), with lawyers seeking stipulated settlements and whatnot, and repeatedly emphasizing “it’s a bad system.” One reason it’s so bad is her own lack of qualifications: “You can’t have people like me, whose only legal background is watching Law and Order, trying to handle these cases.”

Sparks was appointed by Mayor Gavin Newsom, who is backing her supervisorial bid, which is also expected to have strong support from the San Francisco Police Officers Association. She wouldn’t say how many cases she was assigned during her tenure, but OCC records show more than 300 cases assigned to the commission during her tenure and the long backlog left in her wake has been the subject of criticism by everyone from Police Chief George Gascon to new Police Commission Jim Hammer.

Rather than supporting this civilian oversight of problem officers, Sparks wants to turn those duties over to Gascon’s office, telling us, “We need to give this chief more authority to fire officers rather than going through this ridiculous process.”

At the debate, after seeming stung by a question she jokingly called a “softball,” Sparks fired back by asking Walker whether she supported the proposed tax measures now being considered by the Board of Supervisors to help close the city’s large budget deficit, framing the question by saying they would hurt small business.

Walker answered by voicing her support for small business, but noting how essential city services such as public health programs were being deeply cut and that the city needed new revenue to deal with its structural budget deficit, although she said that she had yet to decide which of the tax measures she supported considering none have been approved for the ballot yet.

This week, Moody’s Investor Services lowered the citys’ credit rating precisely because Newsom’s budgets have not addressed that structural budget deficit, and even the Controller’s Office has ordered more than a $100 million placed on reserve because of doubts about the mayor’s revenue assumptions.

So for Sparks to characterize the need for new revenue as an unfair attack on small business indicates a short-sighted, right-wing approach to municipal finances, an approach Walker rejects, telling us, “I think we need to be responsible and do the right thing in dealing with the city’s needs…It’s going to cost us and the people who come after us more and more because of these cuts.”

When I spoke with Sparks, noting the Moody’s report, she seemed to back away from how she was trying the characterize the revenue measures at the debate. “I do think the city needs new revenue, but I don’t think that taxing small business is the way to go,” she said, referring to a proposal by Sup. David Chiu to tax commercial rents, which would be paid by the landlords.

So I asked Sparks whether she supported any of the proposals or if she was advocating any other revenues measures, and she said, “Quite honestly, I need to think about that because I do think we need more revenue.”

Which is pretty much the same answer Walker gave in a far more honest and direct way in that debate, without trying to pander to the fears of small businesspeople. The bottom line is that the downtown corporations who are backing Sparks have done nothing to help the city during this prolonged recession, while demanding even greater police responses to deal with poor people sitting on sidewalks and other perceived problems, and that hypocrisy should be front and center in this election.

Cake throws down to bring solar to Telegraph Hill

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The high-water mark in the unsuccessful 2008 campaign to pass Proposition H, the Clean Energy Act – a partial public power measure that Pacific Gas & Electric buried with a deceptive, $10 million propaganda blitz – was arguably when the hit band Cake played a benefit concert for the measure at The Independent.

Tonight (July 1), the ever eco-conscious Cake returns to that venue with a similar mission, this time dubbed Climatepalooza 2010, with the goal of building a solar roof at the Telegraph Hill Community Center, honoring a request by Telegraph Hill political powerhouse and San Francisco Democratic Party chair Aaron Peskin and Prop. H campaign manager Julian Davis, who has a personal relationship with some band members.

“Climatepalooza 2010 promises to be a wonderful event. It give folks a chance to hear some great music and do the right thing for the environment, and it also supports Tel-Hi, a vitally important neighborhood institution,” Peskin said in a statement released by the nonprofit group One Atmosphere, which has also been involved in organizing the event.

That group, which has worked Al Gore, Nancy Pelosi, and other party bigwigs also got a quote from Mayor Gavin Newsom (who opposed Prop. H): “It’s great to see San Francisco putting together events like Climatepalooza. It combines the best of San Francisco – caring for your neighbors, doing something positive for the environment, and having a great time. Everyone needs to help in the fight against global warming. This is a terrific way for people to get involved.”

Apparently Cake and the power of the sun can create unlikely bedfellows.

Stories highlight Newsom’s hypocrisy

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A pair of interesting stories in today’s Chronicle paint Mayor Gavin Newsom as a self-serving hypocrite, highlighting how his cuts-only budget proposals ignore the city’s long-term needs and have led Moody’s to lower the city’s credit rating, and how his green rhetoric is belied by his oil industry investments, including in the company responsible for the ongoing oil leak in the Gulf.

The Guardian has long noted how fiscally irresponsible Newsom’s budgets have been, with our latest editorial calling for Newsom to finally offer support for some of the revenue measures now being explored by the Board of Supervisors, which will need strong support from everyone in City Hall to have a chance of winning voter approval.

The Controller’s Office and now Moody’s have confirmed that Newsom’s reckless and gimmicky budget leaves a long-term budget hole even as it does short-term damage to the city’s social safety net and public health programs. But instead of acknowledging that reality, Newsom flak Tony Winnicker is still offering snide, Republican-style put-downs of the supervisors who are actually working hard to improve the city’s fiscal health while Newsom is out running for state office, afraid he will be criticized for supporting the tax revenue this city desperately needs.

As for Newsom’s oil industry investments, well, they speak for themselves. His whole political career, and even the restaurant and bar career before that, was built on a foundation of oil money heaped upon him by the Gettys. And even after he found there was political gold to be mined from green rhetoric, he has continued to financially support and profit from the oil industry.

Many Guardian readers have long said that we should just give up on Newsom, calling him a shameless and self-serving politician of the very worst sort. Maybe they’re right. But if Newsom wants to earn our support in his race for lieutenant governor – whose most important responsibilities are his key votes in deciding whether to support new offshore oil drilling in California and whether to continue pushing myopic cuts-only budgets for the public university systems – then now is the time for him to show some political courage by disinvesting from the oil industry and supporting a responsible city budget that includes new revenue measures for which he should actively campaign this fall.

Powder keg

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news@sfbg.com

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

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

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

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

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

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

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

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

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

 

THE PEOPLE WANT TAXES

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

THE TOP AND THE BOTTOM

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

SF SHOWS THE WAY

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

THE STRUGGLE AHEAD

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

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

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

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

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

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

Kaiser workers seek election between rival unions

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Thousands of Kaiser Permanente workers have filed petitions to change unions in what could be the biggest battle yet between Service Employees International Union and its upstart rival National Union of Healthcare Workers. If called by federal regulators, the election would involve more than 45,000 workers, the biggest private sector organization since Ford Motors employees joined United Auto Workers in 1941.

“This is the election everyone has been anticipating for the last year and a half,” NUHW spokesperson Sadie Crabtree told us.

That was when Sal Rosselli and other former leaders of the Oakland-based United Healthcare Workers were ousted by former SEIU President Andy Stern and other leaders of their parent union, SEIU, and formed NUHW. Since then, the two unions have clashed bitterly and regularly, in various workplaces, through the media, in leadership battles, and in a San Francisco court case that ended in April.

“The NUHW petition, if the National Labor Relations Board agrees it was filed appropriately, could force an election between SEIU-UHW and NUHW at Kaiser. Voting for NUHW would risk all the gains SEIU-UHW members made in a hard-fought four-month contract campaign against takeaways by Kaiser,” was how an SEIU-UHW press release cast today’s action.

NUHW opted for a nod to the Fourth of July in its release: “Thousands of Kaiser healthcare workers fired the first shot today in a long-anticipated battle for independence that will determine the future of California’s largest union, SEIU. They filed a petition that will trigger elections for 45,000 SEIU members to choose between the troubled incumbent and the state’s fastest-growing union, the new National Union of Healthcare Workers.”

About 2300 Kaiser workers – representing three of the seven bargaining units – already voted in January to join NUHW, but the petitions now being turned in by the remaining four unions represent the most significant segment of Kaisier workers, including the 44,000-member service, technical, and clerical unit.

Federal law calls for elections when at least 30 percent of a union’s members ask for one, and Crabtree told us, “We have more than we need.” Now, the NLRB must verify the petitions and schedule the election.

Complicating the simple

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steve@sfbg.com

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

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

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

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

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

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

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

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

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

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

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

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

Supreme Court rejects Healthy SF challenge

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The U.S. Supreme Court has decided not to consider a challenge to the Healthy San Francisco program that provides low-cost health coverage to city residents, partially funded by employers who refuse to provide health insurance for their employees, a mandate that prompted a lawsuit from the Golden Gate Restaurant Association.

The decision was a big victory for low-wage workers in the city, as well as California Assembly member Tom Ammiano, who was the driving force behind the program as a member of the Board of Supervisors, taking abuse from the business community for almost a year and holding firm on the need for employers to take responsibility for their employees. Without that mandate, Ammiano successfully argued, businesses that didn’t offer health benefits would enjoy a competitive advantage and their employees’ health care costs would often end up be paid by city taxpayers.

“Today’s Supreme Court decision is an affirmation of San Francisco’s landmark efforts to provide affordable health care to the uninsured. With over 50,000 people receiving health care services and prescription drugs, Healthy San Francisco is a national model for what can be accomplished when the public and private sector work in partnership towards a common goal”, Ammiano said in a prepared statement.

Mayor Gavin Newsom was eventually persuaded to support the mandate and he worked with Ammiano in crafting the final program, which he has since trumpeted as his own while campaigning for governor and then lieutenant governor, for which he won the Democratic nomination.

“The Supreme Court’s rejection of the challenge to Healthy San Francisco is a victory for the 53,000 San Franciscans who have healthcare today through our groundbreaking universal healthcare program. Healthy San Francisco is a model for healthcare reform that works. The High Court’s decision today ensures we can continue providing health care coverage to thousands who would otherwise go without care,” Newsom said in a prepared statement.

Newsom is a former restauranteur and GGRA member, but he did little to dissuade the group from bringing the lawsuit or in urging them to drop it. Many restaurants in San Francisco have taken to adding surcharges on customers’ bills, explicitly citing the increased cost of offering health insurance. But no restaurants that I know of include explicit surcharges for the membership dues they pay to GGRA or the extra contributions some restaurants made to continue pushing this lawsuit after the Ninth Circuit Court of Appeals ruled in the city’s favor.

City Attorney Dennis Herrera, who personally lobbied the Obama Administration to change the federal government stance on whether employer mandates violate federal law, also released a statement thanking the relevant players and singling out businesses that opposed the GGRA lawsuit: “I applaud Assemblymember Tom Ammiano and Mayor Gavin Newsom for their leadership in crafting this policy.  We should be very thankful to the Ninth Circuit Court of Appeals, too, whose thorough decision powerfully affirmed our arguments that Healthy San Francisco’s spending provisions were reasonable, fair and legal.  I would finally express my gratitude to all those from the business community who voiced their support for this program — especially Zazie and Medjool Restaurants, and Nibbi Construction, which filed amicus briefs on our behalf.”

Agnos: “I think Gavin’s gonna lose”

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Former San Francisco Mayor Art Agnos told the Guardian last night that he’d welcome the chance to be appointed a “caretaker mayor” for a year if Mayor Gavin Newsom wins his race for lieutenant governor, but he doesn’t think he’ll get that chance because “I think Gavin’s gonna lose.”

Agnos is one of several names that have been bandied about in the discussions of who the Board of Supervisors might appoint as acting mayor for a year if none of the top candidates running for mayor in 2011 – such as Aaron Peskin, Mark Leno, Leland Yee, or Dennis Herrera – are able to get six votes on the board in January 2010, when Newsom would vacate the Mayor’s Office if he moves on to Sacramento.

“I’m available, but I don’t need it,” Agnos said, noting that he would agree to not run for a full-term in 2011, which would be the main criteria for a caretaker mayor, a concept that would prevent any mayoral candidate from gaining the advantage of incumbency.

But Agnos said that Abel Maldonado, the Republican nominee for lieutenant governor, will be a tough challenge for Newsom, both because he’s a moderate Latino with a compelling personnel story, and because rich Republican gubernatorial nominee Meg Whitman will likely give Maldonado all the money and support he needs so she doesn’t have a Democratic rival as lieutenant governor.

As Agnos told us, “She will give him whatever he need to bury Newsom.”

Oakland joins the car-free “ciclovia” movement

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Bike Plan hearing yields lots of detail but no decision

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Sunday Streets contrasts with SF’s bike injunction

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

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

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

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

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

SF mayoral analysis in the NY Times misses the mark

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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.

SF’s bike project ban is coming to an end

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Despite high-profile recent improvements to San Francisco’s bicycle network – including a half-dozen new bike lanes since last fall, a green bike lane on Market Street separated from cars, and new on-street bike parking on Valencia and Divisidero streets – the city is still prevented by a court injunction from creating bike lanes that have been sought for a decade. But that could change as early as next week.

On Tuesday, June 22, Superior Court Judge Peter Busch will hear oral arguments and consider whether to end the four-year-old injunction against the city executing any of the projects or policies outlined in its Bicycle Plan, a ban perversely created by the court finding the plan violated the California Environmental Quality Act because it wasn’t subjected to a full-blown environmental impact report, which cost more than a million bucks and took two years.

Despite the fact that EIR was completed and certified last year, the plaintiffs who sued the city over the plan five years ago – anti-bike activist Rob Anderson and his attorney, Mary Miles – sued again, claiming the study was inadequate and decrying how the plan would take space from cars to improve bicycle safety.

In her brief, Miles noted how the EIR finds “89 significant impacts of traffic, transit, and loading but fails to mitigate or offer feasible alternatives to each of these impacts.” Referring to the near universal political support in San Francisco for making improvements to the bike network despite these impacts, Anderson told the Guardian last month,“It’s a leap of faith they’re making here that this will be good for the city.”

But the brief that the city filed in the case argues that leap of faith is a decision for policymakers, whether or not Anderson and Miles agree with it. The city position is that cars have ruled the roads for long enough and now it’s time they shared some space with the fastest growing transportation choice in San Francisco, where the number of regular cyclists has nearly doubled in recent years.

“Petitioners are clearly disappointed that, despite the disproportionate number of drivers over bicyclists, City decisionmakers chose to implement improvements to the bicycle network that may inconvenience some drivers and some transit riders on certain streets at certain times. But the CEQA process does not approve or deny projects; it merely requires that decisions be made with environmental consequences in mind. By improving the City’s bicycle network, the decisionmakers determined that the City would encourage more people to use a bicycle for everyday transportation,” Deputy City Attorney Audrey Williams Pearson wrote in her brief.

With oil continuing to spew into the Gulf of Mexico, the atmosphere becoming steadily more concentrated with planet-threatening fossil fuel emissions, and the politicians in Washington DC offering only hollow rhetoric about our stubborn addiction to oil-powered convenience, San Francisco elected officials from across the ideological spectrum took a small but important step in promoting safer bicycling.

Now, it’s up to Judge Busch (who partially lifted the injunction last fall, allowing the handful of projects I mentioned above) to take the next step, which he will do probably within days (or weeks at the latest) after hearing from both sides June 22 starting at 9:30 a.m. in Superior Court, Department 301, at the corner of Polk and McAllister streets.

 

P.S. If you want to celebrate the impending end of the bike injunction with thousands of other bicyclists, walkers, dancers, and other non-motorized movers and shakers, show up on car-free Valencia, Harrison, and 24th streets this Sunday from 10 a.m. to 3 p.m. for the latest installment of Sunday Streets.

Obama blows his chance to confront oil addiction

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President Obama had the right Oval Office setting, a moment in time of genuine public outrage with the oil industry, and even an eloquent setup, telling Americans “the time to embrace a clean energy future is now” and saying we shouldn’t deterred from bold action by “a lack of political courage and candor.” And then…nothing. Once again, Obama has failed to follow up his rhetorical candor with the courage to do what needs to be done.

As with the health care debate and casino culture on Wall Street, Obama did a good job of diagnosing the problem. In this case, he cited the billions of dollars we send to despots in oil-rich countries, how China is leaving us in the dust in developing clean energy, and the myriad problems created by Americans accounting for 20 percent of world oil consumption, from global warming to the BP spill.

With that kind of setup, he could have just said the magic words — carbon tax – and completely changed the national debate over energy and environmental policy, finally linking the two interconnected realms. He could have called for a steep tax on oil companies and a gasoline tax on consumers, correctly arguing that subsidies on fossil fuels must end now and those who have long benefited from them need to help fund our transition to renewable energy.

Instead, he mentioned a few tepid reforms, and he wouldn’t even pledge his support for any of those ridiculously inadequate half-measures, telling the audience, “The one approach I will not accept is inaction. The one answer I will not settle for is the idea that this challenge is too big and too difficult to meet.”

Pretty words and a fine sentiment, but it means nothing in a political climate in which leaders of both major parties are more concerned with maintaining the flow of political contributions than stopping the flow of oil. Meanwhile, climate scientists say we need to cut our use of fossil fuels in half in the next couple decades to avoid the worst global warming impacts, and all that even the most ambitious legislation in the country would do now is slow the rate of growth over that time.

The only person in this country who could change the political dynamics to really meet this challenge is Obama, and last night, when he had the best chance to do so, he failed.

Activists angry about BP spill target Arco stations

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People have felt powerless to counter BP’s devastating and unstoppable oil leak, but Bay Area activists have finally settled on a target for their outrage: BP-owned Arco gas stations, which sell some of the cheapest gas around. On Friday, protesting activists blocked an entrance to the Arco on Fell Street, and tomorrow (6/16), the Sierra Club will hold an 11 a.m. protest outside the Arco at 3400 San Pablo Avenue in Oakland.

“There’s a reason why it’s so cheap, because they skimp on safety,” Josh Hart, one of the main organizers of Friday’s event, told the Guardian. That event targeted an Arco station that had already earned the ire of the bicycling community because motorists there regularly block the bike lane as they wait in line to fill their tanks.

Yet Hart said the protest is about more than just BP, but about Americans’ unquenchable reliance on cheap fossil fuels and an automobile-dependent lifestyle. “It’s not about boycotting BP,” Hart said. “It’s about boycotting oil.”

Tomorrow’s event in Oakland will feature a “mock oil spill” comprised of a black tarp surround by caution tape, a protest designed to send the message, “President Obama move us Beyond Oil.” Meanwhile, at 5 p.m. today, Obama plans to address the country about his adminstration’s so-far-futile efforts to address the spill.

SEIU wants a hearing on unseemly Ethics ouster

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A day before Oliver Luby’s last day at the Ethics Commission, his union has called for a hearing into why his boss removed a special condition from the job that allowed him to be bumped and whether it was retaliation for Luby’s history of blowing the whistle on problems within the troubled agency.

“Special conditions are rare, specific to the position not the incumbent, and are put into place to promote the policy goal that specialists who are qualified serve in positions that require specific talents,” Gabrial Haaland of SEIU Local 1021 wrote to members of the Ethics Commission and Board of Supervisors. “Removing a special condition is more unusual than placing one on in the first place.  It is likely that an inexperienced Fines Officer would not be able to accurately interpret the necessary and complicated web of statute, local code, case law and FPPC opinions.”

Ethics Commission Director John St. Croix has refused to comment of the controversy, citing the confidentiality associated with personnel matters, but Haaland requested the Board of Supervisors Budget and Finance Committee hold a hearing on it as part their review of the commission’s budget. And Haaland told the Guardian that his union generally doesn’t like special conditions to be placed on positions, but he’s concerned about St. Croix’s motives in removing it: “It seems like retaliation based on his past actions.”

Meanwhile, Luby’s last day is Friday (6/11) and he will gather with friends and supporters after work at Temple on Polk Street. Luby told us he appreciates SEIU’s efforts and supports the idea of a hearing into what happened, but he said he has accepted his fate: “I’m still a goner.”