November '09 Voter Guide: Prop D is not the answer

Constant Readers,

Prop D is dumb. Please don't vote for it.

First things first...

In a nutshell, Prop D lifts the Citywide limit on the size of advertising signs on Market Street between 5th and 7th streets. It sets new, and much more liberal limits on signage. A percentage of revenue from the sale of new advertising space are supposed to be used for several cool things like arts education and a ticket booth. All of this is supposed to revitalize the area. (Here's a pdf. of Prop D Download Mid-Market Special Sign District - Legal Text.)

Sounds good right? It certainly does! Which brings me to my next point...

Most people and organizations that favor Prop D are not dumb. I think they (like me) want to do something about the problems in the Tenderloin. People in favor of Prop D just think this is worth a shot.

I don't.

Here's why:

1. Light it up? Brightly-lit areas aren't going to help businesses in the area so long as people are panhandling, shooting-up and otherwise making the area undesirable. When I first wrote about this measure, I got an email from a chauffeur saying, "Cleaning up Market St. starts with a positive but firm policy on the homeless issue...If they want to brighten up Market St, start at sidewalk level." Couldn't have said it better myself.

2. The CBD will be up in everyone's grill and for no good reason. Prop D gives a lot of control to the Central Market Community Benefit District. The "CBD" board is made up of 5 central market property owners, 2 merchants, 2 representatives from Community Based Organizations, and 1 resident.

Under Prop D, the CBD:

(a) collects and controls all money collected from owners who sell ad space

(b) sets minimum criteria for all new, big ol' signs

(c) must approve any huge new sign AND THE SIGNAGE COMPANY! (Holy kickback, y'all! Who loves ya, Clear Channel?)

3. Those last two powers are likely to get us sued. See, out constitutional freedom of speech means that: if you have sign space and I buy it, no one can tell me I can't hang my sign there except under very limited circumstances. The City, by giving the power to the CBD to tell people what is and isn't tasteful enough to be hung on mid-Market buildings, would likely be violating the state and federal constitutions.

4. The "fund" that the CBD gets to control  is sketchy. The way Prop D is set up, owners of property  that is "substantially used as an arts activity or space" (whatever that means) have to pay 20% of the revenue from selling ad space on their buildings to a fund. Non-art space owners have to pay 40% of revenue from ad space sales to that fund.

What comes from The Fund? Well, first and foremost, CBD staffing and administrative costs, which I'm sure won't be inflated at all. Not one bit.

Then, it is to be used to pay for some "Youth Program" that is pretty much undefined except to say that it is for youth arts and culture education. No potential for funneling to pet projects there. No sireee.

Finally, the CBD "may" decide to build a ticket booth at Hallidie Plaza. Or not. It's up to the CBD.

5. Basically anything goes. Video signs, rotating signs, inflatable signs, projection signs, "wind signs," and any other nonsense can go up (provided the CBD says it's ok) - though there are some limitations. Billboards can't be more than 500 square feet, but line up a few of those suckers and we're looking at 2000 square feet.

I used to live in Times Square (the corner of 43rd and 8th) so I'm no hater of big-ass signs and flashing lights that make it feel like daytime 24/7. But I'm just saying: property owners who are in good with the CBD get to do all sorts of shit, and with little accountability. And woe be unto you if the CBD don't like you. I'm sure CBD folks are very nice, but there's no appeal process and while The Fund is supposed to be subject to an annual accounting, there's no recourse for anyone even if the spending is completely crazy.

I'm frustrated, too. But let's not let our frustration lead us to endorse this scheme.

--Melissa

Comments

[Be_devine]

Amen, sister!

[Mad Dog]

The language on the fund is way-sketchy. It's a fun read for lawyers because all you see is loopholes.

[Sheila]

wish every voter would read this summary. thanks for getting it out into cyberspace... hope a few stump-sitters now know why d is not the answer to mid-market's woes and get their butts to the polls.

[Milo Hanke]

Thank you for standing up for the rule of law as it is written vs. the rule or heartwarming assurances coming from Prop D's promoters. We (the opponents of Prop D)first sensed smoke-and-mirrors when we were told 5% of the advertising would be reserved for the use of community-based organizations. The actual legislation says "up to five percent" rather than a "minimum" of five percent. Zero advertising for community-based organizations would fulfill that clause. Prop D is about billboards, not the arts or the children.

[Mad Dog]

Yeah! Go Milo Hanke! Outspent 20-1 and this nonsense still lost.

[sabrina.glazbrook@citcomm.com]

Hi Melissa,

I would like to book you for a KGO Radio interview on the Gil Gross Program. Please contact me:

(415) 954-8669

Many thanks,
Sabrina

[Scott]

Way to go on this one, but I keep the neck muscles loose for the inevitable side-to-side shaking whence the election results arrive. I just don't get it!

[gdewar]

well said. this idea has been kicked around in one form or another, and is a prime example of why ballot measures are stupid - such a harebrained idea with vague promises and all would never have made it through a real legislative process.

unfortunately, in the spillover vote against D, "E" passed, which will ensure that Muni shelters will someday be falling apart, neglected because Muni won't be allowed to alter the deal or amend it in the future...