Tim Redmond

Don Fisher attacks the supes

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The Chron story Sunday portrayed the battle over transportation policy in San Francisco as Don Fisher vs. Aaron Peskin, but actually, Fisher is going further. He’s mounting an all-out attack on the Board of Supervisors — and a pro-Newsom campaign committee is helping out.

Fliers that went to the west side of town attack the supervisors as childish — and attack Prop. A as “another transportation solution from the Board of Supervisors.” The first flier is from the campaign against Prop. E — that’s question time, the measure that would require the mayor to appear before the board once a month. The second is from Fisher’s campaign against Prop. A.

The nearly identical messages aren’t a coincidence — the fliers have the same return address (150 Post St. Suite 405, the office of campaign lawyer Jim Sutton) and both were done by Rich Schlackman, a campaign consultant who is working with both No on A and No on E.

The plan, clearly, is to make people think the supes are idiots — then saddle Prop. A with that image. The fact that Schlackman, who is one of nation’s top direct-mail experts and who also works with Nathan Nayman and the Committee on JOBS, has adopted this strategy signals downtown’s continuing effort to go after the district-elected board. Expect more of this crap in the months to come.

BY THE WAY: The battle over Props. A and H is still close. Labor and environmental groups had 250 people out on the streets talking up Yes on A and No on H over the weekend, but if people don’t turn out to vote, Don Fisher could get his way.

The Yes on A/No on H party is Tuesday night at El Rio.

That Guardian doorhanger

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Just for the record, because there’s always some confusion this time of year:

The Guardian doesn’t distribute doorhangers or political fliers. We don’t print them, we don’t pay for them.

We don’t object to them, either.

Every year, someone we’ve endorsed wants to get the word out, and prints up a guardian slate card. That’s fine with me; I want our endorsements distributed as widely as possible. I’m happy that people want to reprint them. We do a lot of work on this stuff; the more people who see it, the better.

In this case, the Quintin Mecke for mayor campaign put the doorhanger together, with some financial help from other candidates. I didn’t see it in advance; if I had, I would have pointed out an error. The flier has our position as NO, NO, NO on Prop. F. We actually support that one. Not a huge deal, since Prop. F – a minor police pension issue – isn’t terribly controversial and is going to pass anyway. If you aren’t sure, just download our official slate here.

The main point is that the Mecke card pushes Yes on A and No on H, and promotes our three alternatives to Gavin Newsom. We didn’t do it, but I hope it helps.

Hannah Montana and me

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By Tim Redmond
I suppose Child Protective Services will come and arrest me now that I’m about to admit that I took my kindergarten-age daughter to see a rock concert in Oakland, on a school night, and kept her up until well past 10 pm without a proper dinner … But what can I say: Vivian loves Hannah Montana. She has all the CDs. She watches the TV show. She puts on her best rock-star outfits and sings the songs, over and over, and dances and tells me that she’s going to be a rock star. She was Hannah Montana for Halloween. So when I learned at 4:45 pm Thursday that there were two review tickets available, I grabbed Viv, fed her half a cheese sandwich and loaded her on BART.

For those of you who don’t follow tween-age popular culture, Hannah Montana is a phenomenon. The Chron kind of blasted her a couple of days ago — and for good reason: The hype is out of control. So are the ticket prices.

And yes, we live in a culture where parents will do anything to please the little brats, including shelling out a fortune for a performance that lasted an hour and 15 minutes (almost to the minute; Disney runs a tight ship, and unlike any rock show I’ve ever been to, this one started and ended exactly on schedule).

So I should probably feel bad that I’ve not only allowed my daughter to be exposed to this, but actively encouraged it. I should feel terrible about the materialistic messages in the songs and the over-sexualized image of a 14-year-old girl prancing around onstage with male and female dancers who were all at least five years her senior.

I should feel rotten. I should go seek counseling from some proper-parenting group. I should be ashamed of myself.

And here’s what happened:

The moment Hannah Montana came onstage, after an utterly predictable 30-warm-up by a boy band called the Jonas Brothers, Vivian was transfixed. Her eyes opened like saucers, and she got this smile on her face that I will never forget as long as I live.

And frankly, the kid (the one on the stage, that is) knows how to perform. I’m not a big fan of the Work, as it were, but you have to admit, for a 14-year-old, Ms. Montana has astonishing presence. She sang (I think actually sang, not lip synched) her songs with plenty of energy and managed to dominate and control the stage even when she was surrounded by as many as a dozen other seasoned professional singers and dancers, most of whom looked to be in the early 20s.

At least, when she was Hannah Montana, she did.

Halfway through the show, she went backstage, ditched the wig and the TV persona, and came back out as herself, Miley Cyrus. Somehow, the energy wasn’t the same; I think Cyrus has got the Hannah Montana thing down, but hasn’t quite figured out how to be who she actually is. The last few songs reminded me that the person up on stage was too young to drive a car and barely old enough for high school. For her sake, I hope the Disney thing passes pretty soon and she can stop being a pre-packaged icon and start trying to learn to be Miley Cyrus; she might even turn out to be good at it.

But overall, I have to say, Viv and me had a blast. By a few minutes into the first set, my girl was standing on her chair, dancing madly and singing along. The earplugs I’d carefully installed to protect her young ear drums were ripped out and thrown on the floor (“I’ll put them back in when I WANT to, daddy!”). She’d kicked her cup of soda water into the people behind her, soaking the jacket on the back of her chair. When the rather uptight mom behind me warned that the chairs were tippy and my daughter was in danger and had already spilled her drink, I smiled and said, “it’s all rock and roll;” the woman looked at me in horror.

The place was packed with parents and daughters; our seats were pretty near the bar, so I was able to grab a bud light or two. The tweenage shrieking was almost unbearable, but Vivian didn’t care, and as a veteran of many, many Grateful Dead shows, I have to say it was no more obnoxious than the spaced-out dudes swaying and mumbling “Jerry, man.”

I mean, it was a rock show. In every way that’s right and wrong, for all the best and worst reasons …. And I knew that my daughter would be tired and crabby the next day and her ears will be ringing and she didn’t finish her homework, but fuck it: She danced all the way home.

Editor’s Notes

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› tredmond@sfbg.com

The battle over propositions A and H isn’t just about transportation. Sure, Prop. A is about reforming Muni, and Prop. H claims to be about neighborhood parking, but as Steven T. Jones reports on page 18, this is really about whether a Republican billionaire can buy a San Francisco election with a populist-sounding theme.

And it’s about whether this city is mature enough and its residents smart enough to recognize that everything the George W. Bush administration (and the Ronald Reagan administration and the entire Republican establishment over the past quarter century) says is fundamentally wrong: Progress sometimes requires sacrifice. You can’t get something for nothing. And government can be the solution, not just the problem.

Everyone in this town knows that global warming is real and is a problem. Everyone knows that society has to make some changes. And everyone with any sense knows that one of those changes involves reducing the use of private automobiles, particularly in cities.

Transit planners can tell you that the relationship between cars and buses in San Francisco is brutal. Every car on the streets creates traffic, which slows down buses. Every time the buses slow down, more people want to drive their cars. And the further this loop of doom continues, the worse the impact on livability in the city and the viability of the planet will be.

Muni needs a lot of things to make it function better, and Prop. A includes some of them. But one of the biggest things it needs is less traffic downtown — which means fewer cars. That means the city ought to make it inconvenient and expensive to drive into the downtown area.

But Don Fisher, of the Gap fame, wants to give downtown developers the right to build as much parking as they want. That’s what Prop. H would do — and his campaign is deceptively appealing. He’s running against the "social engineers" at City Hall, trying to get everyone who hates looking for a parking space to support him.

That way leads to disaster. I hope we don’t listen.

Leno vs. Migden: A meditation

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By Tim Redmond

The Harvey Milk LGBT Club is all tied in knots over this race. A lot of progressives are arguing that it’s split the community. A lot of people don’t even know how to approach it – two queer community leaders with progressive politics are fighting it out, and in the end, we all have to pick sides (or at least vote for one of them and not the other).

It’s tough: Both have been right sometimes and wrong sometimes. Leno used to be more associated with the moderate side of queer politics, and Migden with the more progressive side, but that’s not entirely accurate today: Leno has moved to the left (in part, no doubt, because that’s easier to do in Sacramento) and has become one of the most accessible, hard-working politicians in town. He’s proven himself trustworthy (although his political consulting firm, BMWL, is involved in some of the worst and sleaziest pro-downtown stuff in the city.

Migden, meanwhile, endorsed the more conservative Steve Westly over the more liberal Phil Angelides for governor. She’s done a few truly embarrassing things, like promoting for state school board a downtown Republican who wants to privatize public schools.
A lot of people say there’s no ideological difference between the two today, that the race is all about style (Migden brash, confrontive, an insider deal-making pol; Leno friendly, conciliatory, able to work well with others). Some say the criticisms of Migden’s style are sexist.

Over the next few months, as this gets more and more competitive and (I fear) ugly, there will be lots of trash talked about both of them. The two candidates will talk about history, records, and (maybe) positions on the few issues on which they don’t agree. They’ll both argue – and they can both make a case – that they will be more effective in Sacramento, better advocates for progressive causes and the city’s needs.

I’d like to offer a different lens.

Lawsuit can move forward

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The Bay Guardian has presented enough evidence of predatory pricing by the SF Weekly that our lawsuit against the paper and its chain owners can go forward to trial, a judge ruled Oct. 25.

Judge Richard A. Kramer denied three separate motions by Village Voice Media, the Phoenix-based 16-paper chain, that sought to dismiss the case.

In a suit filed in 2004, the Guardian charged that the Weekly and the East Bay Express had engaged in a pattern of selling ads below cost in an attempt to put the locally owned alternative paper out of business.

VVM sold the East Bay Express this year to local owners.

The case was filed under the state’s unfair business practices law, which bars the sale of any good or service for less than the price of producing it if that cut-rate selling is aimed at hurting a competitor.

VVM’s motions for summary judgment argued that the Guardian couldn’t prove any intent by the Weekly or VVM to injure the local competitor. In briefs and oral arguments, VVM lawyers claimed that the chain’s CEO, Jim Larkin, had denied any predatory plans or intent. And VVM insisted that the evidence collected by the Guardian so far was inadequate to take the case to trial.

The chain lawyers also argued that the Guardian’s suit was a threat to the First Amendment rights of the Weekly, because if the paper was forced to quit selling discounted ads it might have to cut editorial space and staff.

Ralph Alldredge, a Guardian attorney, noted that the Weekly had admitted selling ads below cost. And he said the evidence collected so far in the case shows strong indications of predatory intent.

Alldredge acknowledged that selling below cost isn’t always illegal; start-up businesses, for example, often lose money at first trying to attract customers. But he said the Weekly has been losing money every year since New Times/VVM bought it in 1995, and those losses have only increased over time, to as much as $2 million a year. It’s hard to imagine any good reason why a business would set its prices so low that it operated at a loss every year for more than a decade, Alldredge argued, unless the goal was to use chain resources to starve out a locally owned competitor.

Alldredge cited a deal between Clear Channel, which owns the concert promoter Bill Graham Presents, and the Weekly under which the Weekly paid to have its name on the Warfield theater, a BGP venue – and in exchange, the Weekly would get almost all of the advertising money that once went to the Guardian. He cited a memo showing that the deal would give the Weekly 85 percent of the ads, and the Guardian would get “15 percent to zero.”

James Wagstaffe, arguing for the Weekly, said that forcing the chain paper to sell ads at a higher rate would be the equivalent of the government deciding how much of the finite space in the publication could be devoted to news. He said an economic expert hired by the Weekly, Harvard professor Joseph Kalt, had determined that the ad market in San Francisco was so soft that the only way to increase revenues enough to cover the Weekly’s operating costs was to cram more ads onto every page.

Alldredge countered that courts have always agreed that basic economic regulations can apply to newspapers without a First Amendment threat.

“One hundred years of cases say that the mere economic regulation of newspapers is not unconstitutional,” he said. “There is nothing in the First Amendment that says you can engage in predatory behavior.

He also noted that Jed Brunst, the top finance officer for VVM, had testified in a deposition that the chain had prepared projections in 2005 to present to investors. Those projections showed that the Weekly could become profitable – if it raised ad prices. The paper would lose some ad volume to the Guardian, but would be able to retain the same percentage of editorial space to ad space and would be a profitable operation, Brunst’s report to the investors said.

In other words, the top people at the chain knew they could make money by ending their below-cost sales – but they continued with the predatory practice. That, Alldredge said, created a pretty reasonable presumption that the chain was out to harm a competitor.

Kramer rejected all of the SF Weekly’s claims. He said that the First Amendment didn’t allow newspapers to engage in “impermissible anticompetitive” behavior. And the question of intent, he said, was a fact for a jury to determine – and “a denial of improper activity by itself is not enough” to dismiss this case.

New Times Executive Editor Mike Lacey and Executive Associate Editor Andy Van De Voorde came from Phoenix to attend the hearing, and Van De Voorde wrote a lengthy piece that appeared on the Weekly’s website calling the Guardian’s three-year-old lawsuit “looney.” The piece put the chain’s spin on the hearing and laid out the Phoenix operators’ opinions on the Guardian claim.

But in the end, only one opinion mattered, and that was the opinion of Judge Kramer — who didn’t buy one bit of the Weekly’s argument.

Trial is set to begin early in January, 2008.

The Guardian is represented by Ralph Alldredge, E. Craig Moody and Rich Hill. Three VVM lawyers — Ivo Labar and James Wagstaffe of the San Francisco firm Kerr and Wagstaffe and Don Bennett Moon of Phoenix — were in the courtroom representing VVM.

Don Fisher’s child-labor fortune

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Why does GOP bigwig and GAP founder Don Fisher have so much money to pour into the campaign to defeat sound planning in San Francisco? Gee, maybe the fact that his company’s clothes are made by child slaves might have something to do with it.

I love the Onion’s hit on this.

SF Weekly loses a big one

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SF Weekly loses a big one

It’s no news to most of you that the Guardian has sued the SF Weekly and its parent company for predatory pricing. We’re arguing that the Weekly, owned by Village Voice Media (which used to be New Times), has been selling ads below cost for the purpose of injuring the locally owned competitor.

Back in July, SF Weekly managing editor Will Harper wrote a long, rather nasty story that sought to portray the suit as groundless. He called the suit “light on witnesses and evidence,” quoted his boss, Mike Lacey, at length, and laid out, in detail, the Weekly’s motion for summary judgment — in essence, a motion to dismiss the suit because of a lack of evidence.

Well: this Wednesday and Thursday, Judge Richard Kramer heard arguments on that motion (actually, three different motions). One of the things that the Weekly’s lawyers argued was that the VVM managers couldn’t possibly have intended to harm the Guardian; after all, the lawyers argued, VVM CEO Jim Larkin denied any such plan.

That’s right: The lawyers said their client couldn’t have done anything wrong, because he (imagine this) said he didn’t do it.

Shortly before noon yeterday, Judge Kramer denied all three motions. In essence, the judge said, just saying you didn’t do it won’t fly; there’s plenty of evidence to take this case to trial, and a jury will have to decide who’s telling the truth and what’s really going on.

The folks at the SFW, of course, are spinning the ruling as just more evidence of our “looney lawsuit”. That’s their opinion, and they’re welcome to it. But in this particular matter, the opinion that counts is the opinion of the Hon. Richard Kramer — and he didn’t see it the SF Weekly’s way.

Trial is scheduled for early January.

Jim Rivaldo, 1947-2007

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› tim@sfbg.com

There aren’t many political consultants in the world who deserve the term "sweet person." There aren’t many who last in that often vicious and horrible business who care more about their personal political principles than they do about money. There aren’t many who are universally liked, even by the people they routinely oppose.

Jim Rivaldo was weird that way. I knew him for almost 25 years, since I began watching the nasty world of insider San Francisco politics, and I don’t think I’ve ever met anyone who had anything bad to say about him.

Rivaldo was one of the first openly gay political consultants in the country, an advisor and campaign manager for Harvey Milk and an innovator in the early days of the business of using graphic art and direct-mail technology to elect people to public office. He was the state’s first openly gay commissioner, serving as Milk’s regional representative on the Coastal Commission.

Rivaldo and his business partner, Dick Pabitch, managed the campaign that defeated the Police Officers Association juggernaut to create the Office of Citizen Complaints in 1983. He helped elect Milk and his successor, Harry Britt, helped found what is now the Harvey Milk LGBT Democratic Club, and was one of the key players who put gay politics on the map, making the queer community a force to be reckoned with in San Francisco. He was the treasurer of the first campaign to bring district elections to San Francisco.

Rivaldo was also one of the first political activists to make connections between the gay and the African American communities. He ran the campaigns of nearly every black politician elected to office in the 1970s and ’80s. In other words, his professional résumé was, by any standard, impressive.

But when you ask people today about him, what they remember most is his sense of humor, his passion for what he cared about — and the fact that he was, above all, a wonderful human being.

"He was such a great guy," said City Attorney Dennis Herrera, who hired Rivaldo to run his first campaign. "I think it’s a measure of the integrity of the man that everyone in town had a fond spot in their hearts for him."

"He had principles," San Francisco Information Clearinghouse activist Rene Cazenave recalled. "He was sort of a socialist, with a real understanding of class, and he really believed in it."

State senator Carole Migden said, "He was the sort of person who could cross all political lines. He was like a UN ambassador."

Rivaldo was born in Rochester, NY, in 1947. It wasn’t an easy place to be a young gay man, but he persevered, as he always did later in life, and wound up graduating from Harvard. He arrived in San Francisco in the early 1970s, just as the gay pride movement was getting into full swing, and quickly became a part of community politics.

He set up a political consulting firm when managing campaigns for money was still a new line of work — and quickly demonstrated that he had an innate skill for it. With Pabitch, he set up shop in a second-floor office in the 500 block of Castro Street and started promoting queer candidates as citywide contenders.

"He was the first one to use turquoise and hot pink for political fliers," Migden recalled.

And over the next two decades, as many of his industry colleagues began to make a lot of money — and some became very wealthy — Rivaldo always seemed to barely get by. After he and Pabitch split up he moved to a little office near City Hall and took on a string of candidates who were often barely able to pay their bills.

"He wasn’t the ruthless, get-ahead-at-all-costs type," Migden said. "That’s why he wasn’t rich."

I always liked talking to Rivaldo. He never called to talk trash about someone else. I didn’t always like his candidates, but I knew he always did; when he told me about someone he thought should be in office I always knew he was telling the truth. He actually cared about people and issues, and when things went badly (when, for example, a candidate he helped elect to the school board voted the wrong way on the Reserve Officers’ Training Corps and infuriated the queer community) he felt personally let down, just like the rest of us.

AIDS has ravaged his generation of gay men in San Francisco, and there aren’t many people left in politics who are links to the days of Milk, who can remember and tell stories of a time when the idea of a queer person serving at City Hall was considered an astounding breakthrough. And it’s in part because of him that San Francisco now has two queer supervisors, two queer state legislators, and queer representation at virtually every other level of government.

But I think the most remarkable fact of Rivaldo’s life is that he was such a decent guy that he could be friends with so many people who were so often at odds, often to the point of not speaking. He talked to Jack Davis and Tom Ammiano, to Migden and Mark Leno, to Terence Hallinan and Kamala Harris. They all liked him; they all respected him. They’ll all miss him. And so will I.

Editor’s Notes

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› tredmond@sfbg.com

Gavin Newsom will never live down his drunken affair with a close friend’s wife. It’s not a factor in this year’s mayoral race (which shows that San Francisco still has some class), but it’ll come back to haunt him someday, when he runs for governor or senator or wherever he goes next. Bill Clinton’s got the same curse — for all the good and bad things he did as president and everything he’s done since and will do, when he dies the world’s most famous blow job will be in the first paragraph of his obituary. Dumb stuff never goes away.

On the other hand, Clear Channel Communications is one of the most evil corporations in the United States, a sleazy outfit that is trying to destroy radio here and has gone a long way toward monopolizing the industry. Clear Channel treats its workers badly and is notoriously antiunion. It’s the worst sort of unaccountable conglomerate — many of its radio stations operate on remote control, with virtually no local staff, and it’s almost impossible to get through to anyone at corporate headquarters in San Antonio. Lowry Mays, its chairperson, is a big contributor to the Republican Party and to right-wing causes.

And yet none of that stopped the Board of Supervisors from giving Clear Channel tentative approval for a lucrative contract to build and sell ads on bus shelters in San Francisco. The whole thing annoyed me. If there’s so much money in bus shelters, why can’t the city build them and sell the ads and make some cash for the General Fund? But that aside, I have to ask: Why are we doing business with these people? Shouldn’t corporations, which want to be treated legally the same as individuals, be held accountable for their actions and their history?

At least Sup. Tom Ammiano brought up some of Clear Channel’s record. Some labor leaders tried to scuttle the deal. But the bus drivers’ union really wanted the contract approved, because Clear Channel will dump a bunch of money into Muni, so it went through, 9–1, with only Sup. Ross Mirkarimi opposed (and Sup. Chris Daly absent).

Then there’s Sutter Health.

On Saturday, Oct. 20, when nobody read the newspaper, the San Francisco Chronicle reported that Sutter is going to effectively shut down St. Luke’s Hospital in the Mission by turning it into an ambulatory clinic with an emergency room. No hospital beds, no place to put very sick people, nothing resembling the sort of service the district has counted on for decades. Instead, Sutter — which is allegedly a nonprofit but acts like a rapacious and greedy corporation — is going to stick San Francisco General with all of the uninsured sick people in the southeast neighborhoods while it gussies up its properties in the wealthier northern part of town.

The nurses have had to go on strike to demand better care for patients at Sutter. Even Mitch Katz, the city’s public health director, who is not known for blasting the private sector, has complained loudly that Sutter is doing a disservice to San Francisco.

And while all of this is going on, this allegedly nonprofit behemoth wants to build a $1.7 billion, 425-bed hospital at the old Cathedral Hill Hotel site at Van Ness and Geary.

Sutter only likes sick people who have good health insurance or are rich enough to pay cash. Perhaps the supervisors can remember that and hold these assholes accountable when they come to City Hall for a building permit.

Milk Club tonight — Leno and Migden

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The harvey Milk LGBT Democratic Club meets tonight to consider a parliamentary procedure that could lead to an an early endorsement for state Sen. Carole Migden, who faces a challenge in next June’s primary from Assemblymember Mark Leno. Not surprisingly, the sleaze is flying

We haven’t endorsed in this race, and we won’t until next spring, but I have said, repeatedly, that both sides ought to play fair and keep it clean and try to avoid doing long-term damage to the progressive community. If Migden manages to disenfrancise Leno supporters at Milk, it will be one of those ugly moves that hurts the club’s credibility.

Everyone tries to pack club endorsements. The Milk Club rules are designed to block that, and this may be an unintended consequence. But there are plenty of people who are clearly legit, long-term members of the Milk Club, and if there’s any question about who gets to vote, it ought to be decided in a way that is as democratic as possible.

Migden’s a former club president, and has a lot of strong Milk allies. She’s been a Milk person for years, and Leno has been much more closely allied with the more moderate Alice B. Toklas Club. Migden doesn’t need to play any games here; Leno’s the underdog for this endorsement anyway.

By the way, perhaps the Milk Club members could ask Sen. Migden why she’s so fond of Republican Don Fisher,, and whether she will take the $7,200 he’s given her campaign and turn it over to the Yes on A/ No on H campaign.

And to keep the debate lively, they can ask Assemblymember Leno why he’s so supportive of Mayor Gavin Newsom.

Why Vancouver sucks

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Look at all the pretty condos

I’m sick of hearing San Francisco planners, the folks at SPUR and SF Weekly columnists talk about how wonderful Vancouver is, what with all of the slender downtown condo towers that provide walkable neighborhoods, bike paths and a “new urbanist” approach to housing.

Here’s a bit of reality: The New York Times reports that housing costs in Vancouver are soaring. Guess what? All those condos haven’t brought down housing costs, or even stabilized them. The more condos, the higher the prices.

And guess what? Many of those rich condo buyers aren’t from Vancouver:

Fueling the high-end market are foreign and second-home buyers, [Helmut Pastrick, the chief economist for the Credit Union Central of British Columbia] said, though not necessarily from the United States. The weak American dollar, which for the first time in decades is worth less than the Canadian dollar, has been making real estate in Canada more expensive for Americans.

Other foreign buyers make up a significant percentage of the market, according to Ian Gillespie, the president of Westbank Projects. The company is building several residential towers downtown, including the 60-story Living Shangri-La, which will be Vancouver’s tallest building after it is completed in 2009.

“This is a very multicultural city,” said Mr. Gillespie, who cited as an example a pharmaceutical executive from the Middle East, who recently bought a 1,700-square-foot $3.65 million condo at the Fairmont Pacific Rim.

And:

To make room for some projects, hundreds of single-room-occupancy hotel rooms for low-income residents have been lost, said David Eby, a lawyer with the Pivot Legal Society, a legal advocacy group. High prices are pushing out middle-income renters and buyers, he added.

Gee, might there be a different kind of lesson here for San Francisco?

Free speech in Phoenix

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I’ve had, to say the least, some fights with the company that publishes the SF Weekly. We’re suing the bastards for predatory pricing. I’ve made a few critical comments on the big chain in my time.

But I’m also the First Amendment chair of the Association of Alternative Newsweeklies, and we are strongly supporting the chain’s flagship paper, the Phoenix New Times, and its top executives, Mike Lacey and Jim Larkin, in their battle against a local sheriff and prosecutor in Arizona.

Clear Channel loses a big one

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The San Francisco Board of Appeals did the right thing last week and blocked Clear Channel from using its corporate power to shake down small property owners. The board sided with Cheon Hool Lee, a retired Korean immigrant dentist who owns a building on Market Street, who lost a billboard because Clear Channel yanked it down when he demanded fair rent.

The legal issues were tricky, but the principle wasn’t: The giant conglomerate was acting like the mob. It had to be stopped.

And yet, the Board of Supervisors, usually far more progressive than the Board of Appeals, went along with Clear Channel and gave the evil media barons a twenty — that’s 20 — year contract to sell ads on bus shelters in the city. Only Ross Mirkarimi voted no.

I know it was a tough one for progressives — somehow, Muni management, which wants the money from the bus shelters, convinced the union for the bus drivers to lobby for the contract. And I realize that the estimated $15 million a year Muni will get out of the deal isn’t peanuts.

But I have to ask: How much is Clear Channel making? The company won’t say. All we know is that the contract is very lucrative, because the media barons went to great lengths to get it. Which means the city could have built the shelters itself, brought in even more money for Muni, hired even more bus drivers … and sent a message to Clear Channel.

Nope. DIdn’t happen.

Sutter’s assault on the Mission

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So as some of us expected, Sutter Health now wants to effectively shut down St. Luke’s hospital in the Mission and turn it into an abulatory clinic.

That’s terrible news for the southeast neighborhoods; St. Luke’s is the only hospital other than SF General in the Mission area, and when St. Luke’s stops taking patients, they’ll all be shuttled to the already overcrowded public hospital.

Sutter is supposed to be a nonprofit, but it acts like a greedy corporation. The problem with St. Lukes is that it gets a lot of uninsured and Medi-Cal patients; Sutter only likes rich patients with good health plans.

Let’s hope the supervisors remember this when the assholes from Sutter come along and ask for permission to build a giant new hospital on Van Ness.

The late great Jim Rivaldo

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Jim Rivaldo, who was Harvey Milk’s first campaign manager and was involved in progressive politics in San Francisco for more than 30 years, died last night. He was a remarkable guy, a rare political consultant who had high ethics, a real sense of progressive political ideology, and a sweet personality. He never had a mean word to say about anyone.

There’s a good story about him here. I’ll have a lot more this week. Meanwhile, his many friends all over San Francisco miss him.

Wow! SF is expensive!

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The Chronicle has discovered how expensive it is to live here. I have exactly one thing to say:

Years and years of refusing to promote affordable housing — refusing to enact effective rent control, allowing evictions to go on without effective limits, building housing for the rich and not the rest of us — has come back to haunt San Francisco.

And on all of those battles, the Chronicle was on the wrong side.

Nuns of the Above

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The Sisters of Perpetual Indulgence make the archbishop squirm

I stopped going to Mass the minute I got my drivers license. At first it was kind of a goof — my brother and I told my devout Catholic partents that we wanted to go to a different church in town, where we liiked the priests better, and on Sunday morning, when they set off for their parish, we set off for ours … only we’d stop on the way at a deli where the German owner had never respected the drinking-age laws, and we’d pick up a six of beer. Then we’d go sit in the park and drink for an hour, come home a bit dizzy and answer my mother’s interrogation:

“How was mass?”

“Good.”

“What was the sermon about?”

“Sin.”

What did the priest say about it?”

“He’s against it.”

We all tried not to laugh, and lunch would be served.

Soon we stopped pretending, and didn’t even bother to get out of bed. A Catholic-school education never quite worked; I think I was born with the Atheist Gene, not the God Gene.

But 16 years of exposure teaches you a few things, and when I read about the ridiculous furor over the archbishop of San Francisco apologizing for giving Communion to two members of the Sisters of Perpetual Indulgence, I had to laugh.

Editor’s Notes

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› tredmond@sfbg.com

These are some of the things that Mayor Gavin Newsom has moved to turn over to the private sector in the past four years:

Housing for the mentally ill

Public golf courses

Camp Mather

The entire city broadband infrastructure

The city’s new power plants

Homeless outreach

Environmental cleanup

Recreation programs

Jail health services

Security guards at public institutions

Development of tidal energy

Reconstruction of public housing

And, of course, Pacific Gas and Electric Co. still controls the city’s power grid (illegally).

Yet when we talked to the mayor about privatization recently, he told us he’s generally against it. "Privatization is failing," he said. "So I’m not pro-privatization. I don’t look to privatize."

What’s going on here?

Well, for starters, the mayor isn’t being entirely candid. Newsom’s administration has been moving aggressively to adopt programs with names like "public-private partnerships" to take over jobs that ought to be in the public sector. Even when there’s something that is clearly the job of government — like building the information highway that will be more important than roads and bridges in the future — the mayor tries first to get the private sector to do it. "I look for ways to manage more creatively and more efficiently," Newsom said.

That’s in part because, for all his talk of bold initiatives, the mayor is a timid chief executive. At a time when politicians of all stripes around the nation are afraid to talk about tax hikes, afraid to talk about the value of the public sector, afraid to do anything that might remind people that Ronald Reagan was wrong, letting the private sector take the lead is easy and painless. As Sup. Jake McGoldrick told us, "I suspect that [Newsom] succumbs to the path of least resistance there because of the tremendous amount of pressure that the private sector puts on trying to gain control over public assets."

It would take a fair amount of effort and public money to keep, say, the golf courses under city control. Giving them to a private company is easy. Maybe the courses ought to be turned into soccer fields; that costs money too. Perhaps the easiest thing is to let the Fisher family, of Gap fame and fortune, pay for it (the way the family paid for the new playing surface at Garfield) — and then put up big "Gap Field" signs with blue jean ads, let the Fishers hold private parties there on Sundays, or charge admission … or something else "creative and efficient."

That’s how it works these days: instead of taxing the rich and spreading the benefits around through a democratic system, we let the rich set the agenda. If Don Fisher’s willing to pay for new soccer fields, then we get new fields. Maybe he (or some other private outfit) wants to save the golf courses; OK, we’ll do that instead.

Newsom isn’t Reagan or Grover Norquist; he’s not a rabid ideological promoter of privatization. He’s just a tame elected official who won’t stand up and fight, who won’t make it clear that San Francisco isn’t for sale, who won’t put his immense political capital on the line to preserve the public sector for the public. And for that, he is a failure.

41st Anniversary Special: The privatization of San Francisco

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› tredmond@sfbg.com

William M. Tweed was one of the greatest crooks in American political history, a notorious Tammany Hall boss in New York who managed in the course of just a few years, starting in 1870, to steal more than $75 million (the equivalent of more than $1 billion today) from the city coffers. The way he did it was simple. As Elliott Sclar, a Columbia economist and expert on privatization, notes, Tweed took advantage of the fact that much of the work of city government was contracted out to private companies. Boss Tweed controlled the contracts; the contractors overcharged the city by vast sums and kicked back the money to Tammany Hall.

This is a rather extreme example, but not, Sclar argues, an atypical one: the worst corruption scandals in American history usually involve private contractors and public money. In fact, he argues, privatization is almost by its nature a recipe for scandal and corruption.

Nothing in the public sector — no incompetence, no waste, no bureaucratic bungling — begins to compare with what happens when private operators get their hands on public money. And the cost of monitoring contracts, making sure contractors don’t cheat or steal, and forcing them to act in ways that reflect the public interest is so high that it dwarfs any savings that privatization seems to offer.

That’s the message of the Guardian‘s 41st anniversary issue.

It’s relatively easy to investigate government malfeasance. The records are public, the players are visible, and the laws are on the side of the citizens.

But when Bruce B. Brugmann started the Guardian in 1966 with his wife, Jean Dibble, he realized that the real scandals often took place outside City Hall. They involved the real powerful interests, the giant corporations and big businesses that were coming to dominate the city’s skyline and its political life. The details were secretive, the money hidden.

One of the first big stories the paper broke, in 1969, involved perhaps the greatest privatization scandal in urban history, the tale of how Pacific Gas and Electric Co. had stolen San Francisco’s municipal power, to the tune of hundreds of millions of dollars. The famous Abe Ruef municipal graft scandals of the early 20th century, the Guardian wrote, were "peanuts, birdseed compared to this."

When I first came to work here, in 1982, Brugmann used to tell me that daily papers, which loved to try to expose some poor soul who was collecting two welfare checks or a homeless person who was running a panhandling scam, were missing the point. "If you look hard enough, you can always find a small-time welfare cheat," he’d tell me. "We want to know about corporate welfare, about the big guys who are stealing the millions."

And there were plenty.

In his new book Supercapitalism: The Transformation of Business, Democracy, and Everyday Life (Knopf), Robert Reich, the economist and former secretary of labor, argues that during the cold war, when American politicians railed against the socialist model of economic planning, this country actually had a carefully planned economy. The planning wasn’t done by elected officials; it was done by a handful of oligarchic corporations and military contractors.

Modern San Francisco was born in that same cauldron. During World War II, captains of industry and military planners took control of the city’s economy, directing resources into the shipyards, collecting labor from around the country to build and repair Navy vessels, and making sure the region was doing its part to defeat the Axis powers. It worked — and when the war ended the generals went away, but the business leaders stayed and quietly, behind closed doors, created a master plan for San Francisco. Downtown would become a new Manhattan, with high-rise office buildings and white-collar jobs. The East Bay and the Peninsula would be suburbs, with a rail line (BART) carrying the workers to their desks. Private developers, working under the redevelopment aegis, demolished low-income neighborhoods to build a new convention center and hotels.

Nobody ever held a public hearing on the master plan. And it wasn’t until the late 1960s that San Franciscans figured out what was going on.

By 1971 the fight against Manhattanization began to dominate the Guardian‘s political coverage. It would play center stage in San Francisco politics for two more decades. The paper ran stories about high-rises and freeways and environmental impact reports, but the real issue was the privatization of the city’s planning process.

Ronald Reagan soared into the White House in 1980, rolling over a collapsing Jimmy Carter and a demoralized, moribund Democratic Party. Reagan and his backers had an agenda: to dismantle American government as we knew it, to roll back the New Deal and the Great Society, to get the public sector out of the business of helping people and give the benefits to private business. "Government," Reagan announced, "isn’t the solution. Government is the problem."

The Guardian was firmly planted on the other side. We supported public power, public parks, public services, public accountability. We had no blinders about the flaws of government agencies — I spent much of my time in the early years writing about the mess that was Muni — but in the end we realized that at least the public sector carried the hope of reform. And we saw San Francisco as a beacon for the nation, a place where urban America could resist the Reagan doctrine.

Unfortunately, the mayor of San Francisco in the Reagan years might as well have been a Republican. Dianne Feinstein’s faith in the private sector rivaled that of the new president. She turned the city’s future over to the big real estate developers. She vetoed rent control and gave the landlords everything they wanted. And when the budget was tight, she ignored our demands that downtown pay its fair share and instead raised bus fares and cut library hours.

When gay men started dying of a strange new disease, there was no public money or service program to help them, from Washington DC or San Francisco. So the community was forced to build a private infrastructure to take care of people with AIDS — and years later, as Amanda Witherell notes in this issue, those private foundations became secretive and unaccountable.

In 1994 we got a tip that something funny was going on at the Presidio. The Sixth Army was leaving and turning perhaps the most valuable piece of urban real estate on Earth over to the National Park Service … in theory. In practice, we learned, some of the biggest corporations in town had come together with a different plan — to create a privatized park — and Rep. Nancy Pelosi was carrying their water. Every detail of the Presidio privatization made the front page of the Guardian — and still, the entire Democratic Party power structure (and much of the environmental movement) lined up behind Pelosi. Now we have a corporate park on public land, with that great pauper George Lucas winning a $60 million tax break to build a commercial office building in a national park.

And still, it continues.

Mayor Gavin Newsom, a rising star in the Democratic Party, who told us he’s no fan of privatization, demonstrated the opposite in one of his signature political campaigns this year: he tried (and is still trying) to turn over the city’s broadband infrastructure — something that will be as important in this century as highways and bridges were in the last — to a private company. That’s what the whole wi-fi deal (now on the ballot as Proposition J) is about; the city could easily and affordably create its own system to deliver cheap Internet access to every resident and business. Instead, Newsom wants the private sector to do the job.

The Department of Public Health is running public money through a private foundation in a truly shady deal. The mayor’s Connect programs operate as public-private partnerships. Newsom wants to privatize the city’s golf courses, and maybe Camp Mather. He’s prepared to give one of the worst corporations in the country — Clear Channel Communications — the right to build and sell ads on bus shelters (and nobody has ever explained to us why the city can’t do that job and keep all the revenue). Housing policy? That depends entirely on what the private sector wants — and when we challenged Newsom on that in a recent interview, he snidely proclaimed that the city simply has to follow the lead of the developers because "we don’t live in a socialist society."

This is not how the city of San Francisco ought to be behaving. Because when you give public land, public services, public institutions, and public planning initiatives to the private sector, you get high prices, backroom deals, secrecy, corruption — and a community that’s given up on the notion of government as part of the solution, not just part of the problem.

You start acting like the people who have been running Washington DC since 1980 — instead of promoting a city policy and culture that ought to be a loud, visible, proud, and shining example of a different kind of America.

Ken Garcia is right!

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Wow, never thought I’d write that sentence.

But Garcia picked up on a story today that I’ve been following, too, and he’s got the point basically right: A property owner whose case is coming up tomorrow before the Board of Appeals claims that Clear Channel tried to shake him down, demanding he accept a lousy contract — and when he didn’t, the company pulled a billboard off his building and made sure that he could never lease the space to anyone else.

The building owner, Cheon Hool Lee, isn’t exactly an impoverished victim; he’s a retired dentist who owns several commercial properties in the city and lives in Hillsborough. He’s a Korean immigrant who has done well in the United States, and one of the things he did was buy a piece of property on Market Street that had a billboard on top — a valuable billboard in a prime location. In legal papers, Lee and his son Tony assert that they’vbe been told similar billboards in similar places rent for $10,000 – $15,000 a month (and that’s about what I’ve seen from my experience watching the cost of political ads on billboards, too.)

Clear Channel had a lease on the billboard at 2283 Market and was paying the Lee family $697 a month.

Lee wanted more, and when the lease expired, he tried to raise Clear Channel’s rent. According to the legal briefs, Tony Lee contacted other competing billboard companies and other industry professionals who told him that comparable properties rented for “in excess of 10 to 30 times” what Clear Channel was paying.

“I spent hundreds of hours in the last few months trying to be reasonable with them,” Tony Lee told me.

And here, according to the legal filings, is what Clear Channel said: Take our deal — or you get nothing at all.

That’s because city law says that no new billboards can be constructed in San Francisco — and if an existing billboard comes down, it can’t be replaced. So Clear Channel one Sunday evening showed up with a crew and took the billboard structure on Lee’s building down. Now he gets no rent at all — and can’t replace it.

Although Lee technically owned the structure and the building it sat on, and could have rented it to a Clear Channel competitor, it’s gone now — and unless the Board of Appeals supports the Lee’s plea, it will be gone for good.

The message: Mess with mighty Clear Channel, refuse to accept our bad contract, and we’ll screw you.

There are, of course, complicated legal issues here: Who exactly has the “right” to a billboard, the building owner or the company that leases the space and resells it? Did Clear Channel have the right to put a crew on top of Lee’s building without his permission and take down a structure? Does the city’s ban on new billboards apply even when a billboard was improperly taken down?

I’m no fan of billboards, and I’m not a lawyer, so I’m not going to try to sort that all out. I’ve called Clear Channel’s lawyer, who said he can’t comment and sent me to the company’s government affairs office, where I’ve left a message and haven’t heard back. I’ll keep trying to get the company’s response and will update this post when and if I get it.

But I will say that at this point, it sure looks like one of the biggest media companies in the nation is doing something pretty damn sleazy.

Whack-a-Murdoch

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This is really brilliant.

The Sean Penn-Matt Gonzalez rumor

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Wokette’s got this lovely nutty rumor that Sean Penn would give Matt Gonzalez $5 million to run against Gavin Newsom — as a Democrat. SFist picked up, wondering if it’s a joke.

Coupla problems with the item. First of all, Wonkette refers to Gonzalez as a “deputy mayor under Willie Brown,” which would be news to both of them. Second, folks, the deadline for filing as a candidate for mayor passed quite some weeks ago. The only way someone could file now is as a write-in — theoretically possible, but since abstentee voting has already begun, and by the time a campaign got up and running, a sizable percentage of the votes would already be cast, the whole thing seems rather implausible.

I think Wonkette heard some very old gossip and thought it was new.

Fast, cheap, and out of control

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tredmond@sfbg.com

Click here for the Guardian‘s interview with Robert Reich.

The fall of the Berlin Wall in 1989 led a lot of pundits to talk about “the end of History.” The big battle of our lives, the defining philosophical and political conflict of the century, was over. Communism lost. Capitalism won.

But in the United States, the real war was just getting under way, a conflict between two visions of society: in one, the public sector, operating under a democratic system, dominated economic and political life; in the other, the central players in the game of life were private corporations. This war, which drags on today, poses a profound question: does the capitalist economy work for us — or are we slaves to its whims? The answer continues to transform almost every aspect of American life.

Clinton-era labor secretary Robert Reich, now a professor at UC Berkeley’s Goldman School of Public Policy, takes on a big piece of this epic struggle in his new book, Supercapitalism: The Transformation of Business, Democracy and Everyday Life. The cogent, well-documented, and critically important argument he makes is that the American people have prospered as consumers and investors at the expense of their role as citizens.

And in the end, we’ve been hurting ourselves.
This is the essential paradox of modern global capitalism: you can buy high-end electronics cheap, get amazing bargains at Wal-Mart, enjoy the growth of your 401(k) plan — and in the process, become poorer. Because the race to the bottom of the price chain and the top of the market has costs, and in the end, we’re all paying them. The only solution, Reich says, is a more aggressive government: more regulation, higher taxes, and, quite possibly, some consumer and investor sacrifices.

Reich goes back to what he calls the “Not Quite Golden Age,” the roughly 25 years after the end of World War II that were marked by continuous economic growth, relative prosperity, and remarkable (compared with today) economic equality. The top tax rate, for the very rich, was 91 percent (compared with 35 percent today). American industry was controlled by an oligopoly, in which a handful of businesses held the reins — and because they faced little competition, they were able to share their profits with labor. Back then, companies didn’t distribute their wealth to investors; it went to the employees.

For all the denunciation of socialism and idolization of the free market that goes on in American politics today, Reich points out that cold war America was defined by centralized economic planning. It just wasn’t the government doing that job; it was private industry.

He doesn’t contend that the model in operation back then was perfect — and anyone who has followed the postwar transformation of San Francisco, driven by secret private-sector planning, knows the painful impacts of such policies. But public resources were adequate to pay for massive infrastructure advances (the interstate highway system), gigantic educational benefits (the GI bill), and phenomenal tax breaks for home ownership. Labor unions, dealing with domestic companies that didn’t face competitors with cheaper offshore labor, were able to negotiate a division of the wealth that helped create the modern American middle class.

The gap between rich and poor was much, much smaller during that period than it is today; as Reich notes, “the potent incentive of great wealth was often absent,” so the economy was far more equitable and stable. High taxes on the rich didn’t slow a period of remarkable economic growth. And in 1964, 75 percent of the American public thought the government could be trusted to do the right thing most of the time — a statistic that seems inconceivable today.

That was, of course, before Vietnam, before Watergate, before the (first) energy crisis, stagflation, the California tax revolt, and cultural disillusion with the public sector, factors Reich doesn’t discuss in great detail.

But he does point to the changes that came in the 1980s and later: Deregulation, which transformed the banking industry, turning savers into investors. Globalization, which created a cutthroat type of capitalism promoting low prices and high returns at any cost. And government policies — such as the creation of private retirement plans and the promotion of the stock market as the central tool of investment — that encouraged Americans to focus on their own bottom line and ignore the larger issues facing society.

The result today, Reich says, is a supercapitalist world, in which you can fill your house with amazing piles of cheap stuff — but in the end those bargains wind up hurting you. “Consumers get great deals because workers get shafted,” he notes. “Ironically, they’re often the same people.”

Unlike a lot of people on the left, Reich doesn’t go around bashing big corporations and blaming them for society’s ills. In today’s ultracompetitive world, he says, corporations are simply doing what they have to do to survive: cutting costs, fighting for the bottom line, striving for the best possible returns for investors. There is no such thing as corporate social responsibility, he argues; under supercapitalism, it’s all about making money.
Instead of complaining about corporate greed, he says, we need to think as citizens and demand new rules, new laws and regulations, that force companies to do what we want them to do. We have to take back control of the American economy — and to do that, we have to reclaim democracy.

Reich places a large part of the blame on the role money has assumed in politics. He suggests that corporations, which are in reality just paper constructs, should be stripped of any rights to legal standing, any rights to participate in the public process — any rights to act as anything but pieces of paper. Campaign contributions should all be put into blind trusts: anyone could give money to a candidate, but that candidate would never be allowed to know who gave what.

Those reforms would be tough, and they might not happen anytime soon. But the value of this book isn’t in promoting any specific policy prescription. It’s about waking up and educating several generations of Americans who can’t seem to understand that you can’t have it all for free: that a decent society with universal health care, good public education, safe cities, and a commitment to protecting the environment requires some sacrifice; that the very rich (and even the run-of-the-mill well-off) among us have to pay taxes and accept responsibility for a decent nation and a decent world. That means creating a public sector we can trust — and not dismissing out of hand the notion that government has a positive role to play.

It’s the most important message anyone can impart today to the deluded, selfish population that makes up so much of modern America.

READING
Oct. 16, 7:30 p.m., free
Moe’s Books
2476 Telegraph, Berk.
(510) 849-2087, www.moesbooks.com

SUPERCAPITALISM: THE TRANSFORMATION OF BUSINESS, DEMOCRACY AND EVERYDAY LIFE
By Robert Reich
Knopf
272 pages
$25