Tim Redmond

Sports: The Giants’ quiet hex

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Eddie Grant, swinging from the heels in the pre-hex days

By A.J. Hayes

When compared to other noted sports hexes – notably, the Chicago’s “Billy Goat Jinx” and Boston’s now squelched “Curse of the Bambino” – the San Francisco-directed “Plague of the Plaque” falls short of the fences in terms of romantic heft.

The mysterious malediction is not centered around a larger-than-life superstar who was peddled to a rival club to help finance a Broadway play, nor does it have anything to do with a rogue farm animal that was ejected from Wrigley Field during the 1945 World Series for behaving and smelling like an, er, rogue farm animal.

No, the protagonist in this whammy was a gaunt infielder turned World War I hero named Eddie Grant, who only managed to hit his weight in 10 big league seasons because he was so darned skinny.

But if you’re inclined to believe in the sporting spirits, or you think “Field of Dreams” was a pseudo-documentary, you just might buy into the “Plague of the Plaque,” AKA “Eddie’s Affliction.”

The street-sweeping non-scandal

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Warren Hickle over at the argonaut is all in a tizzy about the prospect that mayor’s budget reduces the regularity of mechanized street sweeping on the west side of town. But I have to agree with the commenters at sfist — most neighborhoods would be thrilled to have those damn street sweeping machines gone.

Street sweeping is a tax on people who own cars but don’t have enough money to have garages. That’s mostly tenants. I’m all for getting rid of cars, and I’m all for taxing them, but the tax ought to be fair: Charge everyone who owns a car in SF a set fee a year, or even better, charge a fee based on the value of the car, so the rich pay more. Or levy a tax based on the weight of the vehicle (hits SUVs) or the gas mileage (ditto).

The sweeping is mostly a regressive way to bring in revenue for the city. I live in a part of town where we don’t have any street cleaning program, and our streets are just fine.

Besides, it’s kind of environmentally dumb: If you use your car once a week or less, isn’t it better to leave it parked instead of starting it up every couple of days and driving it around to avoid the street sweepers?

I can see sweeping on Mission, 16th Street, Haight Street and other major commercial strips, but why would anybody on the west side be mad about losing a service that costs a lot, does little good and amounts to a bad tax?

Mirant plant staying open?

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San Francisco’s proposal to install several combustion turbines, or “peaker” plants, in the southeast neighborhoods has created a firestorm of protest, particularly from environmentalists who don’t want the city building any new fossil-fuel plants.

I get that. I also know that PG&E has its dirty little fingers in the public-policy pie. And that makes it more complicated.

The lastest proposal, which comes out of the mayor’s office, calls for Mirant Corp. to retrofit its own peakers, clean them up, run them on natural gas, and put that power into the grid so the city doesn’t have to build its own plants. The argument is that Mirant’s peakers would be cleaner than the city’s, and might run less often.

I’ve always thought that leaving Mirant in control is a terrible idea. If we want to tell the state that we aren’t going to build any new fossil-fuel plants, then let’s stick to it, and rely entirely on renewables (at the possible risk of brownouts in high-use periods). But I don’t trust Mirant for a second — and I don’t think the mayor has any legal guarantee that Mirant will do what it says it will.

All that said, I got an interesting communication this weekend from Joe Boss, who’s a Potrero Hill activist. He and Tony Kelly are worried that the Mayor and Mirant will wind up creating the worst possible scenario: The big Mirant plant, with its smokestack and pollution, will continue to operate for the forseeable future.

It’s admittedly a bit of a speculative scenario, and a lot of things would have to go wrong for it to happen. (Among other things, Mirant, which loses its permit to use Bay water for cooling at the end of this year, would have to invest in a big new air-cooling system.) But it’s worth putting out there as the supervisors prepared to decide on the fate of the city peakers.

You can read Boss’s perpective after the jump.

Newsom, Eric Jaye and PG&E

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The following is an email exchange between me and Nathan Ballard, the mayor’s press secretary, on the subject of the Clean Energy Act. It raises some interesting questions; I thought I’d just post it without further comment.

ME: Will Mayor Newsom be endorsing the Clean Energy Act?

NATHAN BALLARD: Check with Jaye.

ME: Thanks, I will. A private political consultant is now speaking for the mayor on policy positions?

BALLARD: I don’t use public resources/time to comment about endorsements on ballot measures, candidate races, etc. Eric Jaye is Newsom’s point of contact for the media on such issues.

ME: Interesting. How long as this been your policy? (And by the way, I don’t think the Clean Energy Act is a ballot measure yet. It’s still before the board of supervisors. So you can’t speak for the mayor about his positions
on pending legislation?)

I’m also intrigued by the possibility of serious conflicts here. Eric Jaye is often involved in local political campaigns as a paid consultant. Should he be speaking for the mayor if he is getting paid to take one side on an issue?

BALLARD: Yes, I can speak for the Mayor on pending legislation. Once it’s on the ballot, I probably shouldn’t. Anyways, I don’t know of any local legislation called the Clean Energy Act. Do send me the text and I’ll see
if the Mayor wants to express an opinion to you about it.

As to your question about Eric Jaye, it sounds like you are suggesting that he is doing something wrong. I know and respect Eric, and so I know that you are on the wrong track. His professional ethics are unimpeachable. But
instead of spreading rumors about Eric through third parties, why don’t you just pick up the phone and call him with your accusations? I am confident that he will be quite happy to set you straight.

ME: Eric Jaye informs me that since he is, in fact, working for PG&E in opposition to the Clean Energy Act, he has a conflict (as I had suspected) and can’t speak for the mayor on this issue.

There was a hearing on the measure this week, and I’m sure the mayor is aware of it and what it entails. Can you let me know if he has taken a position or plans to?

Thanks for your help.

BALLARD: The Mayor says he is aware of this legislation and he is looking into it.

Newsom slaps down the Paul Reveres

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By John Bardis

Mayor Newsom has proposed some disturbing legislation. He wants whistleblower citizens to pay a $500 filing fee to exercise the right to request the Planning Commission to hold a public hearing on proposed construction projects that might violate the Planning Code.

What a shameful example of misguided legislation in San Francisco. It’s akin to the Mayor of Boston in 1775 requiring Paul Revere to pay a fee before he could ride to sound the alarm that “The British are coming!”

Instead of encouraging citizen participation in our democracy, the mayor is promoting a plutocracy. While residents in wealthier neighborhoods like Pacific Heights and Sea Cliff will be able to afford this proposed fee increase, its imposition discriminates against citizens living in the less affluent neighborhoods.

A Request for Discretionary Review is a cornerstone of the planning process. Residents can exercise their right to request a public hearing on a proposed construction project that might violate the city’s Planning Code or Master Plan.

Years ago, there was no fee for filing a Request for Discretionary Review. In those days, civic leaders welcomed volunteers who gave freely of their time to provide an invaluable service for our city by monitoring proposed construction projects to ensure they complied with the law — and blowing the whistle on developers violating the law.

Back then, all costs associated with processing a Request for Discretionary Review were logically and rightfully included as part of the fee charged for the filing of building-permit applications. City officials recognized that, since the submission of a questionable building permit application triggered the Request for Discretionary Review, it was only reasonable that the burden of all costs associated with the processing the request should fall on the developer.

This is not the case today. The city began requiring citizens to pay a fee for filing a Request for Discretionary Review, which presently is a ridiculous $300. And now Mayor Newsom has proposed to add insult to injury by increasing this fee by 67.5% to an absurd $500.

The mayor’s proposal penalizes less affluent citizens and neighborhoods by restricting their right to protest questionable developments by raising the financial hurdle for citizen participation. It discourages all citizens from participating actively in the city’s planning process by sending a punishing financial signal that their participation is not wanted.

On June 19, 2008 the Planning Department and Planning Commission ignored public protests over this fee increase and voted to recommend that the Board of Supervisors approve it.

At its meeting on Tuesday, July 15th, the Board of Supervisors will take up the mayor’s misguided proposal. The mayor and our city officials should encourage rather than discourage and penalize San Franciscans – our citizen volunteer “Paul Reveres” who sound the alarm about possible code violations that make possible the lawful implementation of San Francisco’s Planning Code.

The Board of Supervisors should reject the 67.5% fee increase – if not the entire fee altogether! The Board should amend the legislation to recover any such costs associated with the filing of a Request for Discretionary Review by making an appropriate increase the fees charged for building permit applications.

John Bardis is a former San Francisco Supervisor and former President of the Coalition San Francisco Neighborhoods..

Another privatization success story

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The stock market took another tumble today on the work that Fannie Mae and Freddie Mac, which guarantee a large percentage of the mortagages in the United States, are in crisis and may be nearing collapse. Word is that the Bush Administration may have to step in with a bailout plan that could compare with the massive S&L bailout of the early 1990s.

Why are the two giant corporations, without which the entire housing market could collapse, in so much trouble? Dave Iverson discussed that on forum this morning, and some interesting points came out. According to his guest, Thomas Davidoff, a business-school professor at Berkeley, Fannie Mae and Freddie Mac were doing what short-term profit-seeking companies do — investing in instruments that do well when the economy is doing well, particularly, and ironically, in mortage-backed securities. Now that the housing markets are tanking, and those securities have fallen in value, and the two companies are facing huge liabilities for the mortgages they guaranteed, the taxpayers are going to have to step in.

But here’s what a lot of people forget: Fannie Mae, the Federal National Mortgage Association, was originally a government agency, created by Roosevelt as part of the New Deal. In 1968, it was privatized. Freddie Mac, the Federal Home Loan Mortgage Corporation, was never a public entity, but was created to provide competition in the market when Fannie Mae was privatized. (By the way, these are the outfits that have made the securitization of morgtages possible.)

But of course, both have operated with what finance experts call an “implicit guarantee” of federal backing. Everyone assumes that if they screw up, Uncle Sam will come to the rescue.

So we have the worst of both worlds: A private outfit making bad investment decisions because there’s no real downside fear — and the taxpayers, who have little control over it, having to foot the bill.

Privatization has done such wonders for the mortgage-finance market, eh? Perhaps President Obama and Speaker Pelosi will have enough sense to stop bailing these companies out and turn them back into government agencies.

Lincecum strikes out SJ jinx

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By A.J. Hayes

For Tim Lincecum’s sake lets hope that there’s some validity to the phrase “What you don’t know, can’t hurt you.”

After the Giants young ace – billed as “The Freak” – was featured on the cover of Sports Illustrated last week, Lincecum claimed he had no prior knowledge of the famed S.I. Jinx. Over the years the bad luck curse has claimed past cover boys ranging from Rick Barry to Barry Sanders.

“All it is s a magazine, right?” said Lincecum. “In elementary school we had Sports Illustrated for Kids. But I never heard of a jinx. I did hear of the Madden Curse though.”

Ah, the video game generation.

Weekly tries to overturn verdict

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Lawyers for the SF Weekly and its parent company tried July 8 to overturn the Bay Guardian’s $16 million predatory pricing verdict, rehashing several old arguments and trotting out a few new ones.

Judge Marla Miller took the case under submission and is expected to rule within ten days.

The Weekly and Village Voice Media asked the judge to throw out the jury verdict or order a new trial. The gist of their arguments: The evidence presented in court didn’t support the decision that a San Francisco jury reached after a five-week trial.

The arguments were at times highly technical, and hinged on the finer points of the definitions of words. In the same way the Bill Clinton once asked what the meaning of “is” is, James Wagstaffe, one of the VVM lawyers, tried to insist that the judge and jury had misinterpreted the term “agent” – and thus improperly concluded that the Phoenix-based chain was equally responsible for paying the damages.

The argument was aimed at severing VVM – a company with $190 million in sales and $11 million in profits – from the verdict. That way the only guilty party would be the Weekly – which VVM admits has no assets and would be unable to pay the Guardian anywhere near $16 million.

Evidence presented at the trial had shown that VVM executives were well aware of, and directly involved in, the SF Weekly’s long pattern of selling ads below cost in an effort to harm a locally owned competitor. In fact, two senior officers, CFO Jed Brunst and group publisher Scott Tobias, admitted on the stand that the SF Weekly would have gone out of business years ago if the chain hadn’t made a policy of shipping large sums of money from headquarters into the San Francisco operation to subsidize below-cost sales.

And yet, Wagstaffe claimed, the law required that VVM be acting as an “agent” for SF Weekly in order to be equally liable. “You have to act on behalf of someone else to be an agent,” he argued. “It is not enough to aid or assist.”
Since VVM was the parent company, Wagstaffe told Miller, nobody at that entity was taking orders from the local subsidiary. So VVM and its officers couldn’t have been SF Weekly’s “agents.”

He also said that Miller had screwed up and given the jury the wrong instructions about the presumption of intent. He said the instructions improperly allowed the jury to assume that VVM and the Weekly intended to harm the Guardian.

At the time those instructions were hammered out, later in the trial, “it was nine o’clock at night and we were all running around,” he told her with typical animation. “I was there with my usual energy but everyone else was tired.”
Guardian lawyer, Ralph Alldredge calmly asked Miller to look directly at the statute involved in the case. “The language is remarkable in its breadth,” he said, explaining that the state Legislature had clearly written the Unfair Practices Act to prevent big companies from hiding their assets by blaming subsidiaries for illegal acts. The law, he said, “refers to aiding and assisting, directly or indirectly, and says that the people who do that are equally responsible.”

He added: “What more aid and assistance could you possibly provide in a predatory pricing case than to fund it?”
As for the jury instructions, Alldredge pointed out that the issue of presumption is hardly new. “That court has already looked long and hard at this,” he said. “There were long discussions about jury instructions.”
Alldredge agued that the state law applied directly to the facts at trial, and that the jury properly applied that law. “This is exactly the sort of scenario that the law was written to cover,” he said. “A big company with operations in many markets was going after a smaller entity in one market.

“That statute,” he concluded, “was set up to presume that if you can prove below-cost sales and damages, intent shouldn’t be the sticking point.”

H. Sinclair Kerr, Wagstaffe’s partner and the lead Weekly lawyer during the trial, then rehashed the VVM argument from the trial that the Guardian profits over the seven year period of the complaint were not sufficient to justify the $6.3 million in damages that the jury awarded. (Miller later ruled that much of the damages should be trebled).
Alldredge countered that the Guardian financial expert, Clifford Kupperberg, had calculated the profit the Guardian could have made during that period without the Weekly’s below-cost pricing and the losses the Guardian experienced. The combination of the two would be around a million dollars a year, he said.

Although Kerr claimed the damages were “excessive,” Alldredge argued the Guardian had to shrink its business to survive the predatory onslaught and would have to make major investments to build the paper back up. “The Guardian must get back the profits and invest to rebuild the business,” he said. There was “nothing excessive about what the jury found,” he said.

At one point, as Kerr tried to bring back the VVM argument about the extent of the competition for the two alternatives Judge Miller interrupted and said, “Do you mean the poetry journal and the paper in Livermore?”

She was referring to the VVM argument during trial in which it cited a huge list of papers, from the Gilroy Dispatch to the Bodega Bay Navigator to a paper in Livermore, as competition. Alldredge made fun of the reference during trial. Miller’s remark stopped Kerr from continuing this line of reasoning.

The hearing lasted four and a half hours, and Miller allowed both sides considerable latitude in speaking and addressing the arguments. Both of the top executives of VVM, Mike Lacey and Jim Larkin, were on hand, as was Brunst and Andy Van De Voorde, who has been covering the trial for VVM.

Van De Voorde, whose reports have been long on rhetoric and personal attacks, posted an atypically short and non-bombastic story on the hearing.

The Guardian is represented by Alldredge, Hill and E. Craig Moody. The Weekly has brought Forrest Hainline onto its legal team after the trial, but he is no longer involved, so the case is in the hands of Kerr and Wagstaffe.

Click here to see the Guardian arguments as laid out in our opposition brief.

Editor’s Notes

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› tredmond@sfbg.com

I was dreading the drive home from Lake Shasta. Sunday afternoon. The end of a major holiday weekend. Every car in Northern California would be converging on the Bay Bridge right around the same time I got there. Figure two hours from the Carquinez Bridge to the toll plaza. Hot weather. Tired, hungry kids who have to pee. Nowhere to go, no way to move. An impatient driver (me), who can’t stand waiting five minutes in a grocery store line, stuck in an endless, hellish queue with no outlet for the anger except to crab at my long-suffering partner. It wasn’t going to be pretty.

We did what we could. We got up early Sunday morning, de-fusted the boat, pulled into the dock by 11 a.m., and got on the road by noon. But still: 210 miles to San Francisco. We’d hit the Bay Area right about 3 p.m., along with every other auto-mad idiot who drove somewhere for the Fourth of July.

But a funny thing happened: we cleared Vacaville, and Crockett, and Vallejo, and I kept waiting for the traffic to hit. And then Albany and Berkeley and … whoa: we were on the bridge approach at 3:15, not one single stop-and-go spot, and the bridge was no worse than a typical pre-rush-hour weekday afternoon. It seemed as if nobody was driving.

Nobody is a bit too strong of a term — there were still plenty of people on the road. But for the first time in a decade, the California State Automobile Association reported a decline in car use over the holiday. "Less disposable cash and an overall increase in travel expenses have caused Californians to postpone or downsize their holiday getaways," CSAA spokesperson Cynthia Harris announced.

You could see that up at the lake, where rows of empty houseboats sat at the dock. Part of it was the incessant media coverage of the fires (in fact, Shasta was fine). But the biggest factor was the price of gas. At $4.50 a gallon, people don’t drive as much.

This is good.

For the first time in many, many years, people are talking about fuel efficiency again. I’m obsessed with it: change the oil, keep the car tuned and the tires inflated, and our utterly uncool Saturn wagon, with two-wheel drive and a small, weak four-cylinder engine, gets almost 40 mpg on the highway. We burned maybe 12 gallons round trip, which cost a little more than $50. Twice what it cost a few years ago, but not a deal-breaker. All of a sudden, the SUVs are grounded, and we’ve got the trick ride.

And I started to think: imagine what would have happened if courageous politicians in California had put a $2-a-gallon tax on gas five years ago. The SUVs and Hummers would be long gone. Public transit would be booming. And with 1.5 billion gallons of gas sold per year in the state, there would be $3 billion more each year in new revenue. Enough to fund huge improvements in urban transportation systems. The high-speed rail line to Los Angeles would be well underway. Traffic (and pollution, and global warming) would have dropped dramatically.

Yeah, the price of gas hits hard on working-class people who have to drive. I get that. It’s not the world’s most progressive tax. But the price has gone up anyway (as we all knew it would eventually) — and now all of that money is going into private oil company profits instead of going into public benefits. Something to think about.

Who will boycott the HRC dinner?

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The Human Rights Campaign, a national LGBT lobbying group, is holding its gala dinner in San Francisco July 26th, and the event is creating a political furor.

See, the HRC agreed to a deal last year that cut transgender workers out of the Employment Non-Discrimination Act. The HRC has been under fire ever since. Local queer activists, furious at the HRC sellout, are boycotting the dinner. And a long list of communithy leaders, including Carole Migden and Mark Leno, Tom Ammiano, Bevan Dufty and Mark Sanchez have signed on and announced they won’t attend.

Dennis Herrera, who was supposed to receive an award at the dinner for his work on same-sex marriage, just announced he won’t go. Good for him.

So who, exactly, WILL be attending this $350-a-plate dinner?

Well, I’m told Rep. Nancy Pelosi has been invited. She was, of course, part of the deal in the House that threw the trans people under the bus, but I don’t think she wants to be the only San Francisco elected official to defy the boycott. Then there’s Mayor Gavin Newsom; the HRC would love to celebrate same-sex marriage this year, since it diverts attention from the ENDA controversy, but will Newsom piss off a nearly unanimous queer community and attend?

Frankly, Pelosi and Newsom would be fools to go. If the HRC had any sense, the group would cancel the event; the group has lost so much credibility in San Francisco that the dinner’s going to be an embarassment.

Editor’s Notes

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› tredmond@sfbg.com

Look, I get the gun thing. I started shooting a .22 rifle in third grade, and by the time I was 11 I had a gold National Rifle Association Sharpshooter medal on my wall. Even in my advanced, protogeriatric condition, I can still pop the logo on a Budweiser can at 50 feet; I did it two months ago, in upstate New York, with my nephew and namesake, who is a proud teenage redneck. Tim lives in a small town, wears camo, smokes the adults at paintball, and loves his firearms.

My brother, his dad, goes along with this reluctantly — in his household, there are very strict rules about gun use. The .22 and the .177 have trigger locks, and my brother keeps the only key in his pocket. The ammunition is locked up separately. And he has informed his son that anything you kill, you eat — which discourages any potshots at squirrels and birds. I can live with that.

I also have a friend in San Francisco who hunts, and I’m more than happy to go to his annual pig roast and consume the sweet, juicy, wonderful wild boar he pegged in Sonoma County.

So I get it. There are people who love target shooting, and since I was one of them many years ago, I understand. There are people who think it’s cool to go shoot a pig or a turkey or a duck and take it home for supper: since I think it’s one of the world’s great experiences to catch a bass or a trout and do the same thing, it’s hard to be critical.

But the United State Supreme Court decision last week wasn’t about my nephew’s .22 or my friend Rich’s hunting rifle. It was about whether cities can do anything remotely at all meaningful to keep 14-year-olds from shooting each other on the streets.

It’s about whether kids in Hunters Point and the Western Addition will live to graduate from high school. It’s about whether the desperate young people who are doing robberies in the Mission District and Bernal Heights will wind up shooting someone and spending the rest of their lives in prison over a bag of groceries and a hundred bucks. It’s about whether someone the age of my kindergarten daughter will take a bullet in the head one night and die from the crossfire while she’s asleep in bed.

Let’s face it: this is about handguns and assault rifles, about weapons that have very little use in hunting, that are rarely part of any sporting tradition, and that exist almost entirely for the purpose of killing other human beings.

The unnamed man who is suing — with the NRA’s money — to win the right to own a handgun in San Francisco public housing claims he needs a weapon to defend himself. I’ve been studying self-defense for 17 years now, and let me tell you a not-so-secret fact: guns are a terrible method of protection. If you own a gun in a city, the odds are far better that it will kill you or a loved one than that it will save your life. Guns don’t deter crime; they encourage crime.

And for my dear friends on the left who say that the Second Amendment protects us all from government repression, let me politely suggest that if the Marines invade San Francisco, the pistol in your attic won’t be much help.

City Attorney Dennis Herrera is fighting back on the NRA lawsuit, aggressively. He has to keep it up; this is madness.

Giants: Don’t give up on us yet

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Aaron Rowland

Giants: Don’t give up on us yet

By A.J. Hayes

The San Francisco Giants may still be 10 games under .500 and play like a recreational softball team in their home yard, but after last weekend’s series win on the “road” in the 510, the club was whistling an optimistic ditty that sounded an awful lot like the old David Soul ‘70s hit, “Don’t Give up on Us Baby.”

Despite several tube socks full of calamities this season – several not involving Barry Zito – that left the Giants lugging a 36-46 season record at the schedule’s midway point, San Francisco somehow found themselves only five games out of first place in the National League West.

That fact, along with the Giants first two wins over the Oakland A’s since last May, had the clubhouse buzzing with excitement Sunday afternoon.

“We’ve had our struggles no doubt about that,” said Giants manager Bruce Bochy. “But nobody is out of the race for the division. We feel we’re still in this thing.”

San Francisco centerfielder Aaron Rowand, who had yet to scrub the lamp black from his face following Sunday’s 11-1 throttling of the white bucks gang, told me exclusively:

“This division is up for grabs, there’s no reason why we can’t jump in the mix and be a part of it. We’ve had some really good games and we had some really rough games. But were capable of being much better than we are now. Everyone in here truly believes that we have an opportunity to be in the mix when September comes around.”

There, two people officially affiliated with club orange and black went on the record with pennant race talk and weren’t whisked off by the guys in the CATS van.

MUD money

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Originally published October 10, 2001 A San Francisco public power agency could buy out Pacific Gas and Electric Co., cut residential electricity rates by 20 percent, dramatically reduce the city’s reliance on fossil fuels – and still operate with a $18 million annual surplus, a Bay Guardian analysis shows. Our study’s figures directly contradict the argument that’s at the heart of PG&E’s campaign against public power: they show that a municipal electrical system can be bought and run at no cost to the taxpayers – with plenty of money left over. Our figures are all taken from public sources and are consistent with the financial reports of other major public power agencies in the state. In fact, if anything, our figures are conservative; the real benefits are almost certainly higher. The financial issues are essentially the same for a municipal utility district and for a city power agency, so our figures would apply to either the MUD, which would be created under Measure I, or the Water and Power Agency, which would be created under Proposition F. Calcuutf8g the financial feasibility of a municipal utility district or city power agency in detail is a complex process. Consultants typically charge upward of $1 million for detailed feasibility studies that use all sorts of models and assumptions to come up with the sorts of figures you can take to the bank (or to Wall Street to sell bonds). So our analysis isn’t anywhere near as detailed as what the MUD or the WPA will eventually have to produce. But we’ve covered all of the major revenues and costs; if we’re missing anything, it won’t radically change the bottom line. And it’s safe to say that we haven’t over<\h>estimated the financial viability of public power. The questions on the minds of most voters this fall are relatively simple: Can public power pay for itself? Will the MUD or the Water and Power Agency be a financial success? And our research shows that the answer is a resounding yes. We’ve run through two scenarios, a worst-case scenario and a best-case scenario. In each case, we’ve found, a San Francisco public power agency is more than financially viable. Our study is the rough equivalent of what a MUD’s or WPA’s annual energy report to the public would look like once the agency was up and running. In fact, we’ve pretty much followed the model of the Sacramento Municipal Utility District (SMUD) and the Los Angeles Department of Water and Power (LADWP), and we’ve relied on those two agencies’ figures to estimate some of what the city’s comparable costs would be. We’ve discussed our study with Ed Smeloff, the city’s top energy expert, and while he couldn’t verify our conclusions (since he hasn’t run the numbers himself), he said that there were no major costs that we had ignored. The results are summarized in the two accompanying charts. Where’s the money? Based on how other MUDs have been set up, the process in San Francisco would look something like this: The elected MUD (or WPA) directors would commission a detailed feasibility study outlining the financial future of the agency. Then they would begin negotiations with PG&E to buy the company’s local transmission and distribution system. If PG&E wouldn’t sell, the MUD or WPA would seize the system through the power of eminent domain. The agency would then issue revenue bonds to cover the cost of the acquisition and start-up, hire a staff, and go into the retail power business. Sales of electricity would bring in revenue that would cover operating costs and pay off the revenue bonds; any money left over at the end could be turned back to the city’s General Fund, used to reduce rates, or used for conservation and environmental projects. So the first step in analyzing the finances of a MUD is to figure out how much revenue would be available each year. That’s a relatively simple calculation. According to the California Energy Commission, PG&E currently sells about 5.4 billion kilowatt-<\h>hours of electricity to customers in San Francisco. (This figure doesn’t include energy used by the city government, since government agencies use power from the city’s Hetch Hetchy dam.) Residential, commercial, and industrial customers all pay different rates. If a MUD sold power at current PG&E rates (as provided to us by PG&E spokesperson Ron Low), it would bring in $562 million in revenue (enough to create a big annual surplus – roughly $36 million.) But a MUD or power agency almost certainly wouldn’t sell power at PG&E’s high rates – one major attraction of public power is that it offers cheaper electricity. So in both of our scenarios, we assumed that the rates would be at least 10 percent below PG&E’s rates. In fact, as our study shows, rates could drop as much as 20 percent without harming the MUD or WPA’s viability. What’s it cost? There are three basic categories of costs that the agency would have to cover. The first is payments on the bonds, the second is generating or buying power, and the third is basic operations and maintenance (paying the staff to keep the system up and running, to send out bills, to read meters, as well as operating the repair trucks, etc.). Electricity can’t just be delivered to the doorsteps of customers like canned ham in a UPS box. It has to be distributed through a network of transformers, substations, wires, and poles and measured with individual meters. And until the public power agency owns that distribution network, it can’t sell a single kilowatt. Unfortunately, the system that’s now in place in San Francisco is owned by PG&E – and almost everyone involved agrees that it would be cheaper, easier, and quicker for the city to take over that system than to build a new one from scratch. That’s what SMUD did and what most other public agencies that have gotten into the power business in the past half century have done. A MUD or a city power agency would have the right to seize PG&E’s property by eminent domain. But PG&E would be entitled under law to fair compensation for the taking of its property, and one of the most complex, bitter – and crucial – issues involved in establishing public power will be the price tag. “This is not an easy case at all,” Richard Epstein, a professor of law at the University of Chicago and a national expert on eminent domain, told us. “I can guarantee you that nobody, but nobody, has any idea right now what fair compensation would be.” The issue will almost certainly be settled in court. PG&E insists that its San Francisco property is worth a small fortune – as much as $1.4 billion. In a 1996 study the Economic and Technical Analysis Group suggested that the price could be anywhere from $315 million to $1.2 billion. The ETAG study, which was highly favorable to PG&E, suggested that the most likely figure was around $795 million. The reason those figures are so widely divergent is that there are numerous ways of evaluating what a utility’s property is worth. The simplest is to establish what PG&E originally paid for the property, then factor in depreciation. That’s how insurance companies decide what they have to pay you if your car is stolen. The process generally leads to a low figure favorable to the city. But courts have recently been somewhat more friendly to an analysis that recognizes that utility property is more valuable than, say, a private car, because the utility property produces income. One way to address that is by valuing the property at its replacement cost and factoring in the value of a “going concern” – which, of course, leads to a much higher price. Real market value But there’s another way to look at the issue, and that involves going to the state agency that appraises the actual market value of PG&E’s property for tax purposes: the Board of Equalization. Every year the board’s appraisers evaluate exactly what PG&E’s property is worth – and the agency’s record is pretty good. When California’s private utilities sold 22 power plants under deregulation, the board checked its appraisals against actual market prices, and while sale prices for some plants varied from estimates, the board was accurate to within 1 percent overall, chief appraiser Harold Hale told us. The Board of Equalization estimated that as of January 2001, all of PG&E’s property in San Francisco was worth $962,140,298. That includes property that isn’t at all relevant to running an electric utility. The value of the property actually used in the electricity business, the board says, is $753,978,471. But that figure includes PG&E’s huge 77 Beale St. headquarters office complex, which the city almost certainly wouldn’t want or need to buy in an eminent domain action. If you subtract 77 Beale St. (which one real estate expert we contacted said was worth about $225 million as of Jan. 1), then the value of the property the city might actually buy is about $528 million. It may be even less than that: the real estate market has fallen almost 15 percent since Jan. 1, according to our expert, a senior executive at one of the city’s biggest firms, who asked not to be identified by name. However, to be conservative, we’re sticking with the Jan. 1 figure. Epstein, who has worked as a consultant fighting municipalization efforts and thus isn’t inclined to be biased in favor of a public buyout, agreed that using the Board of Equalization figures is “certainly a good place to start.” There’s no guarantee that the courts will accept this approach (although, with PG&E in bankruptcy court right now, it’s also entirely possible, experts say, that PG&E might be forced to accept a much lower value for its property and sell it without a fight, in order to pay off some creditors with cash). So we also analyzed a worst-case scenario, essentially accepting the figures of ETAG’s much maligned report and assuming that, under a replacement cost-<\d>plus-<\d>”going concern” analysis, the city would have to spend $795 million to take over the system. (Even ETAG concluded that it’s unlikely the final price would be as high as PG&E’s estimate; nobody whose property is up for seizure starts off by quoting a realistic price.) No matter what the price, the bond sale will have to include some money for contingencies – the actual cost of the bond sale, start-up cash, etc. We’ve added $50 million for those costs. Paying the staff, buying power PG&E doesn’t publicly reveal its operating costs for San Francisco (or any other specific service area). And it’s difficult to use the company’s system-<\h>wide operating costs as a basis for estimating San Francisco costs, since the population of San Francisco is so much denser than in most of the company’s northern California territory. The denser the population, the cheaper it is to serve; the distance between customers is smaller, so you need less transmission line per customer. Reading meters is faster, since the employee doing that work doesn’t have to drive long distances between each house. Repairs and maintenance are cheaper for the same reason. And PG&E’s costs aren’t a fair comparison for a public power agency anyway: PG&E pays huge executive salaries (see “Public Power vs. PG&E,” page 24), which are included in the operations overhead. So we based our cost estimate on LADWP, which is about as close a comparison to San Francisco as we could find. Los Angeles is not quite as dense as San Francisco, so the L.A. figures are almost certainly higher than what San Francisco would pay, but they provide a reasonable, if conservative, estimate. LADWP’s cost per customer is $383; multiplied by the number of customers in San Francisco, that cost is $131 million a year. Then there’s the question of generating or buying the electricity. Here San Francisco has a huge advantage over other public power agencies: The city owns a large hydro<\h>electric dam that can generate enough to cover some of the local power needs – and it’s already paid for. Power from the Hetch Hetchy dam is cheap: the cost of operating the system is only about 2¢ a kilowatt-<\h>hour. Unfortunately, the city also has to pay PG&E to ship the power over its lines to the city borders, since the city has no complete transmission line to carry the power here; San Francisco pays PG&E $9.6 million a year in what’s known as “wheeling fees.” San Francisco currently sells most of the available Hetch Hetchy power to the Turlock and Modesto Irrigation Districts. Our analysis assumes that those contracts will be broken and that much of the power – 425 million kilowatt-<\h>hours’ worth – will be available to the MUD or WPA. The city also has a very expensive contract with Calpine to provide backup energy when water is low at the dam. The wheeling fees and Calpine deal boost the actual cost of Hetch Hetchy power to about 4¢ a kilowatt-hour. But the Calpine deal ends in five years, at which point Hetch Hetchy power will be far less expensive – and the MUD’s costs will go down. Green power Our analysis is based on the assumption that San Francisco will move as rapidly as possible to reduce its reliance on fossil fuels (see “Green City,” 9/26/01). Not all of the alternative-<\h>energy sources that should ultimately be part of the city’s mix are likely to be online when the MUD starts operating, so we’ve again been conservative, assuming in our worst-case scenario only a modest amount of solar power to supplement Hetch Hetchy power. In our best-case scenario we assume that the city will be able to develop 200 megawatts of solar and wind power – five times as much as projected in the solar bond measure, Proposition B, and enough to power 200,000 homes. The cost of solar and wind is easy to determine: it’s the cost of the interest on the bonds needed to buy and install the windmills and panels. Once they’re up and running, they cost very little to operate – and the fuel, of course, is free. Based on the San Francisco Public Utilities Commission staff’s analysis of Prop. B), 40 megawatts of solar, wind, and efficiency programs – the equivalent of 98 million annual kilowatt-<\h>hours – will cost about $7.5 million a year. Our ambitious plan – for five times that much solar and wind power- would cost $38 million a year. (Again, the actual costs will probably be lower; once a big agency orders a large amount of solar- or wind-<\h>generating facilities, the price goes down substantially.) The rest of the power the city needs will have to be bought on the open market. Because the market is so volatile, it’s hard to say exactly what that cost would be. But futures contracts for power are listed on the New York Mercantile Exchange Web site, and they’re currently running at less than 4¢ a kilowatt-hour. That price is expected to decline in the future. Again, we’ve stuck to conservative numbers, assuming the MUD or WPA would have to pay 6.9¢ a kilowatt-<\h>hour for power generated locally, by Mirant Corp.’s Potrero Hill power plant (one energy expert told us that Mirant is unlikely to accept less than the 6.9¢ the state is now paying for power), and 5.5¢ a kilowatt-<\h>hour for power bought from out-of-town sources. We assumed that the Potrero plant would operate at its capacity. The power the city would import can’t exceed the amount that can be carried along the one transmission line leading into San Francisco, and our projection meets that criterion. PG&E pays a substantial amount of taxes to the city, and almost all of the San Francisco-<\d>Brisbane MUD Board candidates have pledged to make sure that, at the very least, the city’s General Fund doesn’t lose any money if the private utility is replaced with a public agency. So part of the MUD’s expense would be the payment of a fee to replace what PG&E paid in taxes. The utility pays three major taxes: property taxes, a franchise fee, and business taxes. Based on the Board of Equalization’s assessed value for PG&E ($962 million) and the city’s property tax rate, PG&E’s property taxes are about $1 million. The franchise fee – 1.5 percent of sales – adds another $8.4 million. It’s impossible to say how much PG&E pays San Francisco in business taxes, since that figure is not public, but even at several million dollars a year, it wouldn’t significantly change our bottom line. Unanswered questions There are plenty of questions our analysis doesn’t – and can’t – answer, factors that are impossible at this point to predict with any accuracy. PG&E customers, for example, have to pay a substantial surcharge on their electric bills for what’s known as the CTC, or competitive transition charge. In essence, that’s the money ratepayers have been forced to cough up to cover the cost of PG&E’s bad investments in nuclear power. It’s possible that a San Francisco power agency would have to include some of those charges in its bills – but according to Mindy Spatt, media director at TURN, it’s unlikely. The CTC is expected to end next year and probably wouldn’t be a factor by the time the MUD or WPA was up and running. It’s also unclear whether the MUD or WPA would have to pay a share of the costs of the expensive long-term power contracts that the state Department of Water Resources has signed to buy power for the bankrupt PG&E. There would almost certainly be some substantial legal fees, possibly in the millions of dollars, that would reduce the surplus during the first few years (but not once the eminent domain issues were settled). Most of the MUD candidates have voted to shut down PG&E’s Hunters Point plant, and it’s unclear how much it will cost to decommission that facility. The MUD or WPA could also buy the Potrero plant (it recently sold for $330 million) and pay less for the power generated there. And, of course, it’s uncertain how much electricity will cost on the open market in the next few years. That’s why the MUD or WPA would probably want to move aggressively to increase its own generating capacity. But if power prices go up, one thing is clear: PG&E’s prices will go up higher, and faster, than the prices of a public power agency. Voters won’t have to take our word alone on the subject. The public will have more information on San Francisco’s energy plans in the coming weeks. The county’s Local Agency Formation Commission is planning to bring in experts on public power and energy for hearings, and Smeloff is hiring Amory Lovins’s Rocky Mountain Institute to assess the city’s energy alternatives. Both reports are expected before the Nov. 6 election. Our analysis isn’t that radical or unusual; it just confirms the experience of every other major public power agency in the state. We’ve found what just about everyone who’s gotten out from under the private utilities already knows: public power is cheaper. It’s that simple. Public power in San Francisco: Best-case scenario (Low rates, extensive renewable energy) Revenue1 Residential sales 1.481 billion kwh @ 11.5¢ per kwh $170 million Commercial/industrial sales 3.942 billion kwh @ 9.5¢ per kwh $374 million TOTAL $544 million Expenses Payment on revenue bonds $578.9 million @ 8 percent2 $50.9 million Cost of power * <\i>Hetch Hetchy 425 million kwh @ 4¢ per kwh3 $17 million * <\i>Solar, wind, efficiencies 500 million kwh4 $38 million * <\i>Potrero Hill plant 1.6 billion kwh @ 6.9¢ per kwh $110 million * <\i>Contract purchases 2.90 billion kwh @ 5.5¢ per kwh5 $160 million Operations and maintenance6 $131 million Replace PG&E’s city taxes7 $9.4 million Public benefits8 $10 million TOTAL $526 million Surplus $18 million This chart shows how a San Francisco public power agency could take over Pacific Gas and Electric Co., reduce the city’s reliance on fossil fuels, provide all of the electricity the city needs, and still have money left over. The analysis would apply to either a municipal utility district or a city water and power agency. Proposals for both are on the November ballot. (The MUD proposal would include both San Francisco and Brisbane, but since Brisbane is a very small area – only about 4,000 residents – and since it’s difficult to get accurate data on Brisbane’s current usage, our numbers include only San Francisco. The cost of providing service to Brisbane and the revenue from that jurisdiction would not significantly change the analysis.) The scenario presented here is an optimistic one – although, based on our research, the figures are quite realistic. All of the figures we’ve used are conservative – if anything, our analysis underestimates the financial viability of the MUD or a city WPA. The bottom line: Even with residential rates 20 percent below what PG&E currently charges, and with a huge investment in solar and wind power (five times the size of what the city is currently planning), the MUD or WPA would run a large surplus. This study reflects what a MUD or WPA would be facing several years into its existence. In the first few years, the agency would probably have to buy more power on the open market and would generate less from solar and wind (which take time to set up). But on balance that probably lowers the cost of power (solar is comparatively expensive). There are certain to be factors that we missed – although our cost and revenue projections are very similar to what we found in the annual reports of other large public power agencies such as the Sacramento Municipal Utility District (SMUD) and the Los Angeles Department of Water and Power (LADWP). But we’ve accounted for every foreseeable big-ticket item, and the projected surplus is large enough to cover unexpected costs. 1Revenue is based on sales of 5.4 billion kilowatt-hours: the amount PG&E currently sells in San Francisco, according to the state Energy Commission. A MUD or WPA could set rates at any level it wanted; for this analysis, we set residential rates at 20 percent below PG&E’s current rate of 14¢ a kilowatt-hour rate (which is projected to rise sharply). We assumed that commercial and industrial rates would be at the low end of PG&E’s scale. 2This assumes the MUD or WPA can buy PG&E’s assets at current market value, as assessed by the state Board of Equalization as of Jan. 1, 2001 (see story for details). Ken Bruce of the Board of Supervisors’ Budget Analysts Office told the Bay Guardian that 8 percent would be a reasonable projection for the interest on revenue bonds. 3Hetch Hetchy currently generates about 1.7 billion kilowatt-hours a year, and half of that goes for city government needs – Muni, the lights at City Hall, etc. We assumed that the city would pay the MUD what it pays now – the actual cost of generating the power – so the power sold to the city would be a financial wash. Thus it’s not in our analysis as either a cost or a revenue item. The cost we project for Hetch Hetchy power is high – it includes unfavorable contracts that will expire in five years (see story). The actual future cost would be closer to 2¢ a kilowatt-hour. 4The cost of solar and wind is based on financial estimates for Prop. B. 5It’s impossible to determine exactly what it would cost the MUD or WPA to purchase power in the future, but future contracts currently listed on the New York Mercantile Exchange are going for less than 4¢ a kilowatt-hour, and that price is expected to drop. Again, we took a conservative estimate; actual costs might be lower. 6Based on the cost per customer of operations and maintenance at LADWP (see story). 7The MUD would have no obligation to pay city taxes, but almost all of the candidates for MUD director have pledged to make sure the city doesn’t lose money – in other words, the MUD would almost certainly pay fees equivalent to what PG&E was paying in taxes (see story). 8The state mandates that power companies or agencies spend 2 percent of revenues on “public benefits” – conservation, environmental programs, and the like. Public power in San Francisco: Worst-case scenario (Moderate rates, less renewable energy) Revenue Residential sales 1.481 billion kwh @ 12.6¢ per kwh1 $186 million Commercial/industrial sales 3.942 billion kwh @ 9.5¢ per kwh2 $374 million TOTAL $560 million Expenses Payment on revenue bonds $850 million @ 8 percent3 $74.4 million Cost of power * <\i>Hetch Hetchy 425 million kwh @ 4¢ per kwh $17 million (includes wheeling and backup)4 * <\i>Solar, wind, efficiencies 98 million kwh5 $7.5 million Purchased power6 * <\i>Potrero Hill plant 1.752 billion kwh @ 6.9¢ per kwh $120 million * <\i>Contract purchases 3.098 billion kwh @ 5.5¢ $170 million Operations and maintenance7 $131 million Replace PG&E’s city taxes8 $9.4 million Public benefits9 $10 million TOTAL $539 million Surplus $21 million This chart shows how a public power system in San Francisco would operate if some of the worst-case assumptions are true: if, for example, the municipal utility district or power agency had to spend $800 million to buy out PG&E’s system (the highest likely figure, even according to pro-PG&E studies) and if the MUD was unable to fund and site affordable renewable-energy systems and was thus forced to rely on buying a large amount of its power from the Potrero Hill plant (owned by Mirant Corporation) and from other generators through long-term contracts. Even under those circumstances, the chart shows, the MUD could cut residential rates by 10 percent, keep commercial and industrial rates at the low end of PG&E’s rates, and still end the year with a surplus. As in all of our calculations, the numbers are very conservative; expenses would probably be considerably lower. 1The MUD could set rates at any level it wanted; for this scenario, we’ve set residential rates at 10 percent below PG&E’s current rates. 2The commercial/industrial rate is at the low end of PG&E’s equivalent rate. 3See story for details on the $850 million figure. The bond rate of 8 percent is based on an estimate from Ken Bruce of the Board of Supervisors’ Budget Analyst’s Office. 4See story and “Public Power in San Francisco: Best-Case Scenario” for details. 5This is the amount of solar and wind power projected in the city’s report on the solar bond measure, Proposition B. 6See story and “Best-Case Scenario” for details. 7Based on comparable costs per customer at LADWP. 8See story. 9See story.

The Chamber attacks public power

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The SF Chamber of Commerce is getting itself all into a frothy lather over the prospect of a public-power campaign, and the email that the Chamber sent out today is full of insanely inaccurate iinformation.

Here’s the email and a few notes on its most bizarre claims:

This Friday, June 27 at 10:00am at City Hall, Room 263 the Rules Committee will consider a measure that would put the City in control of our power system. The cost of this measure will be billions of dollars, paid for with higher utility bills, especially for business.

The cost to buy the PG&E electric system in San Francisco in 2010 is presently expected to beat least $4.02 billion. This is only a preliminary estimate, the final figure could be substantially higher. When you include the interest payments on the bonds and the associated severance and financing costs, the ultimate cost for a takeover will be more than twice that amount.

WHAT? Where do you suppose that $4.02 billion came from? It clearly didn’t come from any realistic study. PG&E’s dilapidated, poorly maintained distribution system is probably worth less than $500 million — and even if the city had to pay twice that much, it would be more than worthwhile when you look at how much revenue would come in.

San Franciscans Will Pay to Replace the Lost Tax Revenue

Taking over PG&E means removing PG&E from the tax rolls. That will cost taxpayers over $25 million annually in lost franchise fees, payroll taxes, property taxes, and direct contributions from PG&E. Those taxes and payments will need to be replaced – or services will need to be cut. The City is now facing one of the most severe budget shortfalls ever. The power system takeover will make this budget gap at least $25 million worse. Again, there is no current plan to replace this lost revenue. The PG&E takeover means either service cuts and layoffs – or another massive tax increase.

HUH? The $25 million the city would lose would be more than replaced by the money — several hundred million at least — that the city would gain in extra revenue from running a municipal utility.

We’ll All Pay the Price of Putting City Hall in Charge of our Power System

Right now, PG&E is regulated by the State of California. But a city-run power system would be exempt from most state regulations, giving the Board of Supervisors the power to make some customers pay more so others can pay less, siphon away funds needed for the retrofit of the Hetch Hetchy water system and delay investments in the safety and reliability of our energy grid.

WELL, actually the supervisors could mandate renewable energy — which PG&E isn’t doing.

So the battle is already underway, and already, PG&E’s mouthpieces are putting out wildly misleading data.

Should be a great hearing tomorrow.

Clean Energy — tomorrow!

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The Board of Supervisors Rules Committee will hold a hearing tomorrow (Friday) to discuss the new clean-energy charter amendment. It’s a long-overdue measure that would give San Francisco control of its own energy future and set aggressive mandates for sifting to renewable resources for electricity.

The measure is sponsored by Supervisors Ross Mirkarimi and Aaron Peskin, and includes the following:

1. A mandate that 51% of the city’s electricity is generated from renewable resources by 2017, 75% by 2030, and 100% by 2040. This would be one of the few laws in the country that requires a city to move toward a 100 percent renewable portfolio. It also requires the Public Utilities Commission to issue a report every two years explaining how the city is meeting those goals. This would be a model for cities around the nation (and around the world), and would put San Francisco in the forefront of the movement to reduce carbon emissions and slow climate change. Since state and federal governments are moving far too slowly on the most important environmental issue of our lives, cities are going to have to take the lead, and San Francisco – one of the most progressive communities in the nation — should be showing everyone else how to do to that.

2. A mandate that the city move toward acquiring its distribution system for the sale of electricity. Pacific Gas and Electric Company, which now supplies the residential and business customers in San Francisco, is spending a huge amount of money on a greenwashing campaign to convince residents that it’s moving away from fossil fuels. That’s a big lie: PG&E’s current power profile is 44 percent fossil fuels, 24 percent nuclear, 20 percent large hydro, and only 12 percent renewable – and the utility admits that it will not even make the state’s mandate of 20 percent renewable by 2010. . The only way this city is going to have a truly environmentally sound energy program is if we run it ourselves.

Of course, a publicly run utility has other big advantages. Public-power agencies all over the country have lower electric rates and many bring in huge amounts of revenue, which the city desperately needs. And public-power is good for the economy

3. Mandate green jobs and job training for San Franciscans. There’s a lot of money in renewable energy, and thousands and thousands of good jobs. The measure mandates that the PUC as part of creating a public power agency create job-training programs to help San Franciscans build careers in green energy.

The hearing is at 10 am. Be there and support this crucial legislation.

Weekly paper dies in Cleveland

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Curious deal creates alternative weekly monopoly

By Tim Redmond
I’m a little late on this, but it’s taken me a while to figure out the back story.

The parent company of the SF Weekly, which a few months ago sold off the East Bay Express, is shedding another money-losing paper — in the process, ending alternative weekly competition in Cleveland.

Village Voice Media will sell the Cleveland Scene to Times Shamrock, a chain that owns five other alternative weeklies. Times Shamrock is also buying the Cleveland Free Times, and will merge the two papers under the Scene name.

“It’s a sad day,” David Eden, former Free Times editor, told me. “This is a strong voice that being silenced.”
It’s also a curious new chapter in a six-year-old saga involving the nation’s largest alternative weekly chain, the U.S. Department of Justice and a scheme to wipe out competition in two markets.

The Scene was losing gobs of money, more than $1 million last year alone, according to documents filed in court as part of the Guardian’s lawsuit against VVM. The Free Times, owned by The Times-News of Erie Pennsylvania, was also struggling, publisher Matt Fabyan told me, “although we were much closer to stable.”

Still, there’s been talk of shutting the Free Times for months now: Back in December, 2007, Justice Department lawyers contacted Eden and asked him if he thought the Cleveland market was big enough for two competing alternative papers. “I told them it was,” Eden said.

Among the proposals on the table: VVM was interested in buying the paper and merging it with the Scene. But federal regulators wouldn’t allow it.

The reason: Back in 2003, the Justice Department and the attorneys general of California and Ohio filed suit against New Times, then the owner of the Scene, and VVM, which owned the Free Times. The two chains, which have since merged, had entered into a shady – and, it turns out, illegal – arrangement to create alt-weekly monopolies in Cleveland and Los Angeles. VVM agreed to shut its paper in Cleveland, and in exchange, New Times shut a paper in Los Angeles that was competing with the VVM-owned LA Weekly.

Justice forced the chains to sell the Free Times to a group of investors who vowed to keep it open and continue competition. The consent decree the chains signed bared them from taking any further anticompetitive actions in Cleveland or L.A.

But although VVM couldn’t create a monopoly, another newspaper outfit apparently can.

Fabyan said he had been in contact with the Times Shamrock people for some time, and that “I told them you really want to buy both papers. I don’t think this is a market big enough for two alternative weeklies.”

Eden was willing to try to save the Free Times: He said that he’d raised enough money to make a “substantial offer” for the paper: “I’m told that VVM had offered $450,000 for the Free Times,” he said. “We were close to that figure.” But his bid was turned down.

Don Farley, who runs the alt-weekly group at Times Shamrock, said he couldn’t comment on the details of the negotiations except to say that “we’ve been back and forth looking at the Free Times, and Scene became available as well.”

That was clearly part of the appeal: Running a paper that has no competition is typically more lucrative. “We can serve the community better this way,” said Fayan, who will be publisher of the Scene.

Andy Van De Voorde, executive associate editor at VVM, told me that his company didn’t see this as a three-way deal. “We sold our paper to Times Shamrock, and that’s our only role,” he said.

But he also confirmed that VVM had wanted to buy the Free Times and merge the two papers, but had run afoul of the Justice Department. “I’ll leave it to you to speculate on why we couldn’t do this deal, but Times Shamrock could,” he said.

Well, for one thing, Times Shamrock isn’t a previous offender, under a consent decree to stop trying to monopolize markets. But I’m also curious why Justice is allowing this to happen.

I’ve been trying to get a comment out of the Justice Department since Friday. The PR people keep telling me they’ll get back to me. I’ll let you know if I hear anything.

The SF Democratic Party’s future

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Lots of talk and some interesting action at the Harvey Milk LGBT Club meeting last night. Marc Salomon, Robert Haaland and I gave a presentation on the meaning of the June election, and what November’s going to be about, and I passed along my thoughts about the tremendous potential for a broad progressive coalition this fall.

But mostly, the discussion involved the Democratic County Central Committee.

See, in June, thanks to a well-organized slate effort, the progressives won enough seats to hold something close to a working majority on the DCCC. That matters – and this fall, it could matter a lot. Because the DCCC controls the endorsements and money for the local Democratic Party. And in some of the key local races, particularly the swing supervisorial districts, the party’s money and party support could make the difference.

And the first test for the progressive slate will be the vote in a few weeks for DCCC chair.

The problem with city planning

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I’m always intrigued when civic-improvement types talk about the problems with city planning in San Francisco — and harp on the fact that it takes too long to get anything done and that the same old naysayers are too powerful. The latest is a piece by David Prowler, former planning commissioner, that appeared on BeyondChron.

Among the Prowlerisms:

Forget about consensus. We’re not going to get it, and too often the planners or the Board of Supervisors delay decision-making while waiting for it. But it gets farther away. We need leadership, not consensus.

TRANSLATION: Who cares what the community thinks; leave the big decisions to elected officials who the developers can effectively lobby.

Let’s be frank and clear about what land-use planning can and cannot do. It doesn’t by itself create buildings or good jobs. The City is trying to preserve blue-collar jobs by zoning to prevent housing (It’s been characterized as “zoning for gold mines and expecting gold”). But how about linking zoning with a strategy to create these jobs?

THE PROBLEM: No, land-use planning can’t always create good things, but it can sure as hell destroy things, and has done so for decades in San Francisco. Redevelopment didn’t create much in the Western Addition, but it destroyed a community. No, good zoning won’t create blue-collar jobs — but bad zoning will destroy them.

Reconsider CEQA. We discuss projects and plans within the framework of the California Environmental Quality Act, best known by the acronym CEQA, which mandates addressing only how much damage can a proposal do to the environment, not how can it help the city meet goals or help the regional environment by concentrating growth where there’s infrastructure. Here in San Francisco, we hold up even small-scale projects, such as the 17 residences and retail uses proposed at the empty lot at 19th and Valencia streets by the longtime residents and owners of a popular Mexican restaurant. Really, in a built-up city, along a transit street where just about every other spot is housing over stores, how much environmental damage could a project like this do?

TRANSLATION: Get those pesky project foes out of the way and take away any tool they have to preserve their neighbhorhoods.

This kind of stuff infuriates me. The problem with city planning is very simple, and I can phrase it in one sentence: Planning in San Francisco is driven almost entirely by private developers and exists to serve their interests and needs.

And of course, although it doesn’t say so in his piece, David Prowler is a developer.

Editor’s Notes

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› tredmond@sfbg.com

The San Francisco Chronicle has suddenly discovered that the middle class is leaving San Francisco.

Staff writer James Temple broke the news on the front page of the Sunday, June 23 paper with a lead sentence that boggles the mind in its insight and news value: "The number of low- and middle-income residents in San Francisco is shrinking as the wealthy population swells, a trend most experts attribute to the city’s exorbitant housing costs."

I don’t want to downplay the importance of this story. It could have (and should have) been written a decade ago, when Willie Brown was mayor and city planning policy, combined with the dot-com boom, started San Francisco on the path toward becoming the first fully gentrified big city in America. And I’m always frustrated when a daily newspaper reports after the fact on something that could have been prevented, or at least slowed, back when the story first became a story.

But the news is still news today, and the fact that the Chronicle has facts and figures and demographers denouncing and community leaders deploring means the problem will be getting some additional attention this fall. That matters, because this November, the future of San Francisco will again be on the line.

And that could be a very good thing.

Calvin Welch, who has been fighting for a progressive city longer than many of today’s activists have been alive, remembers the summer 1972 state ballot: "You had George McGovern. You had the Coastal Commission [Act]. You had the farmworkers [labor law]. You had marijuana [decriminalization]. And you had every constituency on the left coming out to vote for them all. And they all won."

This fall in San Francisco we will have perhaps an even greater perfect storm: a proposed rebuild of SF General Hospital, which is a huge priority for organized labor. A housing justice measure that sets aside money for affordable housing (and could help address the single biggest issue in the city, something even the Chronicle now puts on page 1). A green energy and public power measure (which would shift energy policy toward renewables and bring in millions of dollars). Two new revenue measures that tax the wealthy. Six seats on the Board of Supervisors, including three swing districts that will determine whether the progressive majority that has controlled the board since 2000 will remain intact. And all of that will happen in the context of the Obama campaign and a massive statewide mobilization to protect same-sex marriage.

We are a fractious crew, the San Francisco left, but if we can come together this fall, share resources, and run some sort of large coalition campaign for progressive values, this could be an election for the ages.

The punishment of baby jesus

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Brock at sfist jokes that the San Bruno fire must be “baby Jesus totally punishing us for legalizing queer marriage.”

I’ve been thinking about this whole punishment thing. Isn’t it interesting that, while sodomous, sinful San Francisco was partying over same-sex nuptials, the nice, Christian midwest was getting a flood of Biblical proportions?

Of course, it could just be human-made climate change.

But it brings back that old ditty written by poet Charles Kellogg Field after the 1906 earthquake and fire:

‘If, as they say, God spanked the town
For being over frisky,
Why did He burn the churches down
And save Hotaling’s whiskey?'”

The Chron discovers what’s wrong with SF

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It’s taken long enough, but the San Francisco Chronicle has finally figured out the biggest story in town, a story that’s been the single most important part of the city’s political and social landscape for more than a decade: Housing prices are “>driving the middle class out of town.

There’s lots of handwringing and comments from people like Roberta Achtenberg:

“It’s not very healthy for the city’s social fabric or the city’s economy,” said Roberta Achtenberg, an economic development consultant who focuses on workforce housing.

Gee — until recently, Achtenberg worked for the Chamber of Commerce, which has been a big part of the reason that the city drives out poor people and the middle class.

Nowhere in the story is there any mention of the reason official city policy is in large part to blame. You know why there’s no affordable housing? Because we only build housing for rich people.

Five big stories the sportwriters missed …

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… and five more we wish they’d never covered

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To much, too litte: Joba, Ramirz, Uggla

By A.J. Hayes

Like their colleagues in the hard news division, sportswriters under-report certain stories and blows others out of proportion. As the 2008 major league baseball season reaches its midpoint, we take a look at the five most underreported and the five most over hyped stories of the season so far.

TOO MUCH HYPE:

The Yankees (Natch)

The closing of Yankee Cathedral, er, Stadium. A David Ortiz jersey buried in concrete at the “new” Yankee Stadium. Horse’s ass Hank Steinbrenner’s latest doltish remarks. Manager Joe Girardi’s secretive ways with the press. And, when, oh when, will Joba Chamberlain be moved into the starting rotation?

Stories that would otherwise be minor notes in other cities immediately turn into banner tabloid headlines when the name Yankees is attached. Call us when the Bronx Bombers leapfrog the Tampa Bay Rays.

What’s in the air?

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I realize that the fires burning around the Bay have put a lot of wood smoke in the air, but when I walked outside this morning, I was hit with what seemed like a strong chemical smell. I thought it might just be something local, but it was the same at home in Bernal Heights and outside the Guardian Building in Potrero Hill.

I know the smell of woodsmoke. This was more like dry-cleaning fluid. Am I the only one who noticed it?