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Charitable cash cow

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› gwschulz@sfbg.com

Nonprofit charities in the Golden State should have been raking in the cash in 2004. Gracious Californians gave $60 million more toward fundraising campaigns that year than they did in 2003, totaling almost $293 million. The following year, donors gave even more: $332 million.

Yet despite the increasing generosity of Californians, the percentage that nonprofits actually took away from those campaigns steadily decreased from 2003 to 2005.

Most of the gains went to private, for-profit fundraising companies hired to conduct telemarketing services and coordinate special benefit events like gala dinners, rodeos, and variety shows.

Such companies charge steep fees and commissions that frequently leave charities, especially smaller or less experienced ones, with little or even nothing at all, according to state disclosure records.

Commercial fundraisers collect millions each year relying on the public image of selflessness projected by nonprofits devoted to promoting cultural literacy, saving lost or exploited children, finding cures for deadly diseases, or improving the welfare of defenseless animals.

Some desperate nonprofits elect to allow commercial fundraisers to take a percentage of the money they raise, at times as much as 80 to 90 percent. Alternately, larger charities may agree to set costs and fees associated with the campaign, but that strategy can also prove costly.

For example, the San Francisco Museum of Modern Art hired the Los Angeles company SD&A Teleservices in 2004 for a phone solicitation campaign that raised $12,000. But because the company’s fees were greater than the contributions received, the museum had to pay $19,854 more to cover the venture. Similarly, the San Francisco Ballet lost $3,400 in 2005 to the same company after SD&A raised $12,745 from donors, thousands less than what it charged.

Several people we interviewed said the benefits of a fundraising campaign might not materialize until later if contributors eventually become long-term supporters. But unless the typical donor has time to find out how much ultimately makes it to the cause they care so much about, they’re unlikely to be aware of the extraordinary costs involved in nonprofit fundraising.

"The charity agrees to it because they want the easy money that they don’t have to do any work for," Daniel Borochoff, president of the American Institute of Philanthropy in Chicago, told the Guardian. "Then the person goes out and spends $1 million to get that $200,000, and the charity tries to rationalize it by saying ‘Well, it’s money we wouldn’t normally have. We don’t have staffing for fundraising.’ But they’re ripping off the public and disrespecting the intentions of the people who gave that money."

The Los Angeles Times published a months-long investigation July 6 that examined required forms submitted to the California Attorney General’s Office showing the total revenue generated from 5,800 nonprofit fundraising campaigns and how much of that money went to the charities.

Between 1997 and 2006, the paper discovered, 430 campaigns raised a total of $44 million — but in each case, every dime went to the fundraising company. Charities lost money in 337 more cases. In hundreds of instances, charities entered into contracts that assured them only 20 percent or less of the funds raised, regardless of how successful the campaign turned out to be. The AIP recommends spending no more than 35 cents on each dollar raised. The Times also pointed out that donors enjoy tax deductions from their contributions, even if huge portions go to for-profit companies.

"Nonprofits spend a lot of money attracting donors and then they fall away the next year, so they have to reach out and attract even more donors," Elizabeth Boris, director of the Center on Nonprofits and Philanthropy in Washington, DC, told us. "So there’s a lot of churning that goes on, because a lot of the same people don’t give to the same organization year after year. It is an expensive process of getting the names and contacting people."

Because California is behind in processing the required disclosure forms, the Times had to specially request records from 2006, meaning more recent figures aren’t available. The Guardian took a far less extensive look at the records, but we still found plenty of examples of charities earning astonishingly low rates of return.

In 2004, Campbell-based TBS Productions raised $418,377 for the San Francisco Police Officers Association and its annual "Parade of Stars" event held at the Palace of Fine Arts. But just $87,094 made it into the union’s nonprofit Community Services Fund, which redistributes it in small increments to a variety of causes.

"I’ve wrestled with this since I’ve come on," said POA President Gary Delagnes. "There are two ways of looking at it. Do we really want to lend our name to an outfit that’s taking 80 percent off the top? … The decision we made was: you know what, we’re to do so much good with the charitable money that it’s worth it to us."

That same year the Oakland Police Officers Association also hired TBS for its "Cavalcade of Stars" event. The company raised $402,515 on behalf of the East Bay union for charitable purposes, but only $88,603 remained after covering the event’s costs, a return to the union of 22 cents on the dollar.

That year, TBS coordinated events for at least 16 groups across the state representing law enforcement and emergency personnel, from the San Jose Firefighters Burn Foundation to the Fresno Deputy Sheriffs Association. But almost no one received a better return rate than 20 percent, and two raised just 15 cents on the dollar after accounting for the for-profit company’s take. No one at TBS was available for comment when we called.

More than 250 fundraising campaigns in California netted 20 cents or less from each dollar raised for charities in 2004, according to figures maintained by the state.

Rich Steinberg, a longtime scholar of nonprofits at Indiana University, said several factors mitigate all this. He explained that the United States Supreme Court has been reluctant to permit heavy regulations on charity fundraising because a seemingly poor cost ratio isn’t necessarily bad for a nonprofit.

"Big charities could do everything wrong but still have a good cost ratio" because their support is widespread, Steinberg said. The San Francisco Ballet and SFMOMA, for example, have done much better in some telemarketing campaigns, earning from 54 percent to 81 percent in return rates despite other times losing money.

Could it be that there are too many small, inefficient nonprofits with similar missions, each created in the belief that government wasn’t filling some need? Perhaps. But attempting to curtail them could undermine the democratic spirit that leads to their creation.

"We should make it legitimate for any group of idiots to get together and try to do something good," Steinberg said.

If they want to succeed, he said, charities should not accept terms that give fundraisers a percentage of the donations. Instead they should establish fixed fees so that every dollar beyond that amount goes toward services. Second, to ensure more favorable rates, they can require competitive bidding among fundraisers.

Ken Larson, director of public policy for the California Association of Nonprofits, said that few of the tens of thousands of charitable organizations registered in California use commercial fundraisers to attract donors, a fact confirmed in reports compiled by the attorney general. Many hire full-time professional fundraisers to seek foundation and government grants or relationships with repeat donors, intangible benefits that can go beyond immediate fundraising goals.

As for telemarketing, Mike Smith, chief operating officer of New Jersey-based Charity Navigator, suggests that when donors receive a call, they can just hang up and cut a check directly to the nonprofit.

The debate over nonprofit fundraising costs is nothing new, but with information increasingly available on the Web, consumers are in a much stronger position to give wisely.

The San Francisco AIDS Foundation publicly and angrily parted ways with its commercial fundraiser, Pallatto Teamworks, in 2001 due in part to a dispute over how much the company charged to operate the California AIDS Ride. The charity has since created its own fundraising arm, steadily improving its rate of return from an average of 54 percent over the past seven years to 66.5 percent last year.

The foundation uses another company, MZA Events, to manage its annual AIDS Walkathon, which has averaged a healthy 63 percent return since 1999 with improved results over each of the last three years.

But officials with the SF AIDS Foundation believe telemarketing has enabled it to achieve greater public awareness. It also began moving the task in-house during the past six months and anticipates greater savings.

"Every dime we save in production is a dime that can go to our clients and our programs and our services," said Dave Ellison, spokesperson for the foundation. "We’re always extremely aware of how important it is to keep the costs down because we see the benefits every day in the lives of our clients."

Cash from cabbies

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› news@sfbg.com

The largest taxicab company in San Francisco is trying to squeeze more money from its drivers, who say they’re already being hit hard by increased gate fees and rising fuel costs.

Yellow Cab has ordered its drivers to prepay for the privilege of driving each month, amounting to thousands of dollars for full-time drivers. Compounding that financial hardship is the apparent intention of the company to use prepaid gate fees to change the employment status of its drivers from employees to independent contractors who are no longer entitled to unemployment insurance and workers’ compensation coverage.

While local officials say Yellow Cab’s new policy is illegal, they have little power to compel the company to abandon the plan, which was supposed to go into effect Aug. 15 but has now been moved to December under pressure from city officials and the United Taxicab Workers union. Drivers are also threatening to bring legal action to stop Yellow Cab, relying on a past ruling barring the company from requiring deposits from its drivers and misclassifying drivers as independent contractors.

Repeated attempts by the Guardian to contact Yellow Cab representatives were unanswered, but they had to talk to Jordanna Thigpen, executive director of the San Francisco Taxicab Commission. She found Yellow Cab’s prepayment plan to be in violation of the Superior Court’s decision. "I was not persuaded that the prepayment was not a deposit," Thigpen told the Guardian. "What they are actually doing is asking for a security deposit again under the guise of an Employment Development Department requirement. But the EDD guidelines are just that — guidelines."

The EDD sets work rules and standards in California. According to its Taxicab Industry information sheet, taxi drivers classified as independent contractors "prepay to lease a taxicab for a period of at least 28 days." Yellow Cab used the line, which is posted prominently for employees to see, to justify requiring that all its drivers prepay up to $1,930.

Bud Hazelkorn, cab driver and chairperson of United Taxicab Workers, said UTW has "been talking to an attorney and hopes to bring an injunction against Yellow Cab." He takes little hope from Yellow Cab’s recent decision to push its prepayment deadline from Aug. 15 to December, though he does think it was a response to the UTW’s outcry.

For Hazelkorn, it matters little whether the deadline is a week or six months from now. "Any kind of prepayment policy is against the Tracy decision," he said. "They are trying to make themselves look better by pushing back the deadline. But the fact is that Yellow Cab wants to establish a precedent of prepayment and that is illegal."

The 1996 ruling in Joseph Tracy vs. Yellow Cab barred cab companies from demanding security deposits from drivers. The order, issued by Judge William Cahill of the San Francisco Superior Court, "permanently enjoins the defendant [Yellow Cab], from classifying plaintiffs and similarly situated drivers as independent contractors for purpose of denying such drivers any benefit under California law with respect to workers’ compensation, unemployment insurance, and paying a cash bond to defendants as a condition of driving a taxicab."

The 1996 case also found that Yellow Cab drivers were being unlawfully misclassified as independent contractors, and ruled that the necessary control Yellow Cab exercises over its drivers requires that they be considered employees. For example, drivers have no control over the amount charged to passengers in fares, and often rely on dispatchers to notify them of potential customers. In addition, Yellow Cab keeps personnel files on each of its drivers, conducts orientation programs for new hires, and does not allow its drivers to advertise their services. The Superior Court also found drivers to be "an integral part of [Yellow Cab’s] business," further solidifying cab drivers’ status as employees.

Yellow Cab driver John Han explained that the prepayment fee is based on the number of shifts a driver works. He offered himself as an example: Han works eight shifts per month. Multiplied by the average daily gate fee of $96.50, Han’s prepayment equals $772. Since Han said that cab drivers make between $100–<\d>$150 per day, most of his earnings are eaten up by the end of his shift — or before the shift even begins.

To coax its drivers into compliance, Yellow Cab posted a sign in its San Francisco office that reads, "Do not delay in completing your prepayment or you will be subject to being held out of service." Han says that being held out is equivalent to being a benched baseball player who is technically still on the team.

"We won’t be fired, but we will be prevented from being able to work," Han said, noting that such threats constitute the exercise of control over the drivers by Yellow Cab. "Forcing drivers to do anything is having control over its workers, which is a employer-employee relationship."

EDD spokesperson John Stroot told the Guardian that the information sheet Yellow Cab uses to justify this policy does not compel companies to do anything new. What it does contain are guidelines for different taxicab business models: one for companies that have employees and another for companies that use independent contractors.

"These are not laws," Stroot said. "Cab companies can operate any way they choose. They are just guidelines for companies to follow to figure wage, hour, and tax issues." If Yellow Cab wanted to make drivers independent contractors, it would have to fulfill all requirements on the sheet, not just the one specifying prepayment. For example, drivers would be required to perform their business without any form of control from Yellow Cab, including foregoing the use of Yellow Cab’s dispatch services. But Stroot said most drivers are employees under common law in California "because the company directs and controls the way drivers provide their services."

Misclassifying employees as independent contractors has become a national issue, particularly after Rep. Lynn Woolsey (D-Marin County) and Rep. Rob Andrews (D-N.J.) introduced a bill intended to crack down on the practice. If passed, the bill would impose penalties on employers who misclassify employees and inform workers of their right to challenge that classification. The bill also would require state unemployment insurance agencies to conduct audits to identify employers guilty of employee misclassification. In addition, the Department of Labor would be required to perform targeted audits of employers in some industries.

The UTW is currently working with Thigpen and Sup. Chris Daly’s office to achieve some form of justice for drivers. "My office is very concerned by this policy," Thigpen said. "It couldn’t have happened at a worse time for drivers. These guys are good people, and they work hard every day." Thigpen said Taxi Commission member Tom Oneto asked her to draft new rules that would apply to such policies. Other than imposing fines and revoking permits, however, there is little her office can do.

"We need serious overhaul of our penalties," Thigpen said. "Right now I can only charge them $25 in fines, which is pathetic. They know they are breaking the law and ripping people off. But how do you begin?" she asked. "We need to get legislation passed that would overhaul the rules." The strongest weapon city officials have against Yellow Cab is to seek an injunction. "Only the courts can decide if this is legal," Thigpen said.

Thigpen and Oneto met July 25 with Lena Gomes, one of Daly’s legislative assistants, to discuss how the Board of Supervisors might take action. "We are creating a resolution urging Yellow Cab not to charge the drivers the fee," Gomes told us. "Yellow Cab appears to be trying to change their drivers classification to avoid certain financial responsibilities. This is one of their strategies."

If Yellow Cab succeeds in its plan, other cab companies may follow suit. "Right now they’re just hanging back to see what Yellow Cab will do," said Han, who estimates that Yellow Cab stands to gain at least $2 million per year from this policy. For Han, not knowing what the company will do with the money is unnerving. "They should be investing it in a health care plan for drivers. But I can only assume the money will be used to buy a sailboat for the top management."

While Hazelkorn said that drivers are "100 percent opposed to this kind of extortion," some disagree. Tariq Mehmood, a Yellow Cab driver for eight years, believes most drivers would rather be independent contractors "because of the freedom it provides us to set our own hours." Mehmood said the UTW’s fight against Yellow Cab is just another ploy to bankrupt the company, which "would be devastating to drivers. I would love to not pay anything — not even gate fees — and still be an independent contractor, but that’s not the reality."

Regardless of how they feel about the policy, some have already begun making payments, while others are quietly saving money just in case. Han refuses to do either, hoping that Yellow Cab can be defeated if enough drivers join him. But 80 to 90 percent of Yellow Cab drivers are immigrants, Han points out, and many are still unacquainted with their rights. "They are afraid to defy the company," he said. "Yellow Cab is setting a trap for those who will fall for it."

Lennar’s lawsuits

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› sarah@sfbg.com

Two years after Lennar Corp. reported that asbestos dust had neither been monitored nor controlled during major grading and earthmoving operations on its Parcel A construction site on Hunters Point Shipyard last year (see "The corporation that ate San Francisco," 3/14/08), the fallout from these failures continues.

On June 19 a dozen Bayview–Hunters Point residents and workers sued Lennar, as well as international environmental consultant CH2M Hill and Sacramento-based engineering consultant Gordon N. Ball, in Superior Court on behalf of their preschool and school-age children. The parents allege that their children suffered headaches, skin rashes, and respiratory ailments during Parcel A excavations, which occurred next to a predominantly African American and Latino community.

The plaintiffs charge Lennar, CH2M Hill, and Ball with public nuisance, negligence, environmental racism, intentional infliction of emotional distress, and battery. They are asking for monetary damages, a jury trial, and court costs.

But Lennar is apparently seeking to deflect the blame for these problems at the site entirely onto CH2M Hill through a new federal lawsuit, despite revelations in the Guardian (see "Question of intent," 11/28/07) that Lennar reprimanded its own staffer, Gary McIntyre, when he tried to bring Ball to heel for the company’s failure to properly control the toxic asbestos dust.

On June 23, Lennar BVHP LLC sued subcontractor CH2M Hill for negligence, negligent misrepresentation, breach of contract, express indemnity, and unfair business practices in connection with its work on Parcel A.

"Lennar seeks to recover for the significant economic harm it has suffered in addressing the ramifications of CH2’s gross and reckless misconduct in failing to provide competent asbestos air monitoring services for Lennar’s redevelopment of a portion of Hunters Point Shipyard in San Francisco," states the suit, which seeks damages, restitution and indemnity, attorney fees, court costs, and a jury trial.

"Lennar’s economic harm vastly exceeds $75,000," the suit notes. "CH2 has provided no compensation to Lennar and no other relief for its failures. Indeed, CH2 has never publicly acknowledged its clear responsibility for these failures."

CH2’s Oakland-based vice president, Udai Singh, who signed a $392,600 contract with Lennar in January 2006 for asbestos dust monitoring services, told the Guardian, "Unfortunately I’m not working on that, so I have no clue what you are talking about.

"I thought I might have seen something about that, but since I have been working mostly on EPA stuff, I haven’t been involved in this one," continued Singh, who has been project manager for remedial projects on Superfund sites for the federal EPA’s Region IX, which includes Arizona, California, Hawaii, and Nevada.

Singh referred us to CH2’s Denver-based counsel Kirby Wright, who referred us to CH2’s public relations director, John Corsi, who did not return the Guardian‘s calls as of press time.

But while Lennar BVHP continues to contract with Gordon N. Ball at the shipyard, local resident Christopher Carpenter has sued the Sacramento-based contractor in Superior Court for whistleblower retaliation, wrongful termination, racial discrimination, and intentional infliction of emotional distress.

As the Guardian reported, ("Green City: Signs of asbestos," 8/29/07), Carpenter was fired shortly after he complained about dust that was kicked up by a Ball backhoe excavating the Parcel A hillside on Oct. 2, 2006.

"Carpenter became surrounded by a cloud of dust that was caused by Gordon Ball’s failure to water the ground prior to commencing grading," the suit alleges, noting that Carpenter complained about Ball’s unsafe and unhealthy working conditions, some of which violated Bay Area Air Quality Management District regulations and the city’s Health Code, before he was fired.

At City Hall, Sup. Sophie Maxwell is seeking to amend the city’s Building Code to require more-stringent dust control measures for demolition and construction projects. (The Building Inspection Commission opposed Maxwell’s proposal in December 2007, in a 4–3 vote).

On July 22, the Board of Supervisors voted unanimously to support Maxwell’s dust legislation.

Meanwhile, the Rev. Christopher Muhammad, who represents the Muhammad University of Islam adjacent to Parcel A, asked the San Francisco Health Commission to investigate why it took until July 14 for the local community to learn of an asbestos-level violation that occurred at Lennar’s Parcel A site just four days before the June 3 election.

Muhammad suspects the infraction was hushed up because Lennar was engaged in the most expensive initiative battle in San Francisco’s history, plunking down a total of $5 million to support the ultimately successful Proposition G, which gives the developer control of Candlestick Point and the shipyard.

Amy Brownell of the Department of Public Health told the Guardian that the violation, which registered at 138,800 structures per cubic meter of air (the city’s work shutdown level is set at 16,000 structures) did not trigger a work suspension because there was no work planned at Lennar’s site May 31 or June 1, which was a weekend.

Best of the Bay 2008

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@@http://www.bestofthebay.com@@

Aftermeth

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By Andrea Nemerson


› andrea@altsexcolumn.com

Dear Andrea:

My husband had been a secret methamphetamine user since the mid-1980s. He had issues with depression and repressed anger, but I had no idea that drugs had so much to do with everything that’s happened in our lives. We’ve always allowed each other a lot of space, so it was easy for him to hide his use and the spending that went with it.

Six months ago he finally got tired of the lies and the fear (random drug testing at work) and started rehab, and I feel I’m starting to get the man I married back. However, his confidence, libido, erections, and our sex life are all gone. He recently confessed that he was high every time we had sex for the past 10 years or so, and now that juice is gone. Blood pressure medication is compounding the problem.

Considering the number of people who never had sex without drugs and are now sober, there is precious little information about sex after sobriety. Most of what I found was along the lines of "You just need to get over the fear." It was all pretty much about having to figure it out for yourself, and nothing mentioned prescription meds. Maybe everyone really does have to find his or her own way back?

Despite some of the drug- and depression-related behaviors my husband has exhibited over the years, he is a wonderful man with many wonderful qualities, and I love him very much. I could live without the sex — my libido isn’t what it used to be either — but it does make me sad to think of leaving this world without ever making love with him again. The fact that it was drug enhanced didn’t make it any less great.

Is there any good information out there about sex after sobriety, especially after uppers? My husband is afraid he burned out his circuits with the drugs. I don’t know what to think. Maybe six months isn’t enough time to expect a transition to "normal" functioning. Going back to drugs is certainly no solution. Is there anything that can help in this situation? Trying to have a sex life without meth and with high BP meds … maybe it’s too much to ask.

Love,

Aftermeth

Dear After:

I could answer this myself — but why bother when My Friend the Therapist, whose practice consists largely of men whose sex lives were first fueled and then derailed by meth and subsequent sobriety, is willing to take it on? I warn you that My Friend is not given to sugar-coating things, but he does know what he’s talking about.

There’s a huge public health effort to convince people that sex without meth is great: "It’s so much more (intense, intimate, meaningful, etc.) without drugs." The truth is that, for many folks, post-meth sex will be less compelling than sex on meth, and that’s just the way it is. Brain chemistry versus ad campaigns: brain chemistry wins. If you start with that, you’ll have better chances of having a satisfying (though possibly never again as mind-blowing) sex life. Modest expectations = better odds of success.

For some people, this improves after the first year or so. It takes about that long for your brain to get back on track making the appropriate endogenous chemicals, and once they’re back on their own internal meds, a lot of folks experience a return of libido. If your partner is only six months sober, don’t expect much yet.

I usually recommend starting really, really slowly. He can try jacking off a little, work up to jacking off together, and eventually do some oral. Go slow, and leave the intercourse until he really, really wants it.

Viagra can be helpful in a reverse kind of way. Viagra itself won’t help with low sexual desire, but absence of libido plus Viagra plus calm environment plus stimulation = hard-on, which often leads to some kind of sexual activity, which then often leads to a return of some level of desire. If a heart condition is a factor, no Viagra without doctor’s permission. Try some alprostadil (a prescription erection aid that doesn’t affect blood pressure) if needed.

Short version: start with gentle, no-expectations stimulation, don’t expect much for the first year, and see how it goes. — Adam Zimbardo, MFT

I would also suggest that your husband talk to his doctor about the meds; it’s possible an adjustment might make a difference. And I do think it’s worth asking for Viagra or something similar. The worst that can happen is the doc says no. I promise the doctor will not recoil with horror, gasping, "Sex with your wife? Why ever would you want me to help you have that?"

I think it’s kind of criminal that people are expected to get and stay sober with so little warning that their entire sex, love, and intimacy pyramid might collapse, crash, and burn in the aftermath, and with so little information on how to rebuild it. Hope this helps.

Love,

Andrea

Andrea is home with the kids and going stir-crazy. Write her a letter! Ask her a question! Send her your tedious e-mail forwards! On second thought, don’t do that. Just ask her a question.

Pelosi backs Bush on Iran

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OPINION Has Nancy Pelosi signed off on the George W. Bush administration’s covert CIA operations in Iran? Yes, according to Seymour Hersh’s July 14 New Yorker article, "Preparing the Battlefield." Late last year, the White House submitted a Presidential Finding, a highly classified document signed by the president, to be cleared with the leaders and ranking intelligence committee members of both parties in both branches of Congress — a group that, by dint of her position as Speaker of the House, includes Pelosi.

According to a Hersh source, "Although some legislators were troubled by aspects of the Finding … the funding for the escalation was approved" — noting that congressional leaders authorized up to $400 million for increased efforts to destabilize Iran’s government.

When some Democrats became uncomfortable with the prospect of approving "potential defensive lethal action by US operatives in Iran," they conferred with CIA Director Michael V. Hayden who, Hersh writes, "reassured the legislators that the language did nothing more than provide authority for Special Forces operatives on the ground in Iran to shoot their way out if they faced capture or harm."

Nothing more than to shoot their way out? If President Bush were to reveal evidence of Iranian agents dropped into this country and authorized to kill Americans, we can well imagine Pelosi speaking forcefully about the outrage she and the House delegation would feel about such an egregious breach of our sovereignty. But how in the world does the representative of perhaps the most antiwar city in the country sign off on the United States doing this to another nation?

Then there’s the question of whom we’re funding. According to a former Middle East CIA operative, one beneficiary, the Baluchis, a Sunni Muslim group in the majority Shiite country, are "fundamentalists … you can also describe … as Al Qaeda." Another, Mujahideen-e-Khalq, has been on the State Department terrorist list for more than 10 years.

That the Bush White House would resort to arming known enemies in its frantic effort to create new ones is bad. Democrats signing off on it is even worse. But the fact that a representative from San Francisco, a city that has time and again demonstrated its opposition to these sorts of policies, might approve them is about as gross a distortion of the public will as you’re likely to find.

Hersh quotes an aide to one of the four Democrats notified of the Finding predictably arguing that it was "just that — notification, and not a sign-off on activities." But he accurately points out that Congress "has the power to withhold funding for any government operation," but chose not to.

The burden of persuading Nancy Pelosi that the Democratic Party should not approve such policies may lie primarily with her House colleagues. But if she, or they, think that this is what the Speaker needs to do, then she needs to leave that job behind — because funding a covert war in Iran simply does not represent the interests or the will of California’s 8th Congressional District.

Tom Gallagher

Tom Gallagher is a former Massachusetts state legislator who lives in San Francisco.

Clean Energy Act makes ballot

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› news@sfbg.com

GREEN CITY The San Francisco Clean Energy Act isn’t the only charter amendment on the November ballot, but it’s already shaping up to be the political lightning rod of this fall’s election.

Pacific Gas & Electric Co. sent out mailers opposing the measure even before the Board of Supervisors voted 7-4 on July 22 to place it on the Nov. 4 ballot. Mayor Gavin Newsom also announced his opposition to the act moments after Assemblymember Mark Leno, former San Francisco Public Utilities Commission General Manager Susan Leal, and a cadre of progressive supervisors announced their support for it on the steps of City Hall.

Authored by Sups. Ross Mirkarimi and Aaron Peskin, the Clean Energy Act requires San Francisco to fulfill 51 percent of its electricity needs through renewable sources by 2017. That requirement rises to 75 percent by 2030, and to 100 percent, “or the greatest amount technologically feasible or practicable,” by 2040.

The SF Clean Energy Act also mandates that a feasibility study be undertaken to look at the best way to provide clean, green energy, which could lead to PG&E losing its stranglehold on energy if the study finds public power to be the best option.

Explaining the importance of mandating a feasibility study, Mirkarimi said, “Otherwise PG&E has a monopoly here until the planet dies.”

Supporters say it is important for San Francisco to set up a model that others can follow. “As goes San Francisco, so goes the state of California, and so goes the nation,” Peskin said at the July 22 rally, just before the Board voted to place the act on the ballot. “This is a time when people can change the destiny of the planet.”

Moments after that rally ended, Mayor Newsom took a minute to explain his opposition.

“We have other things we should be focusing on,” Newsom told reporters at a press conference at the War Memorial Building to announce housing bonds for veterans. “Let’s call it what it is. It’s a power takeover of PG&E,” he said.

But the elected officials and myriad organizations who showed up at City Hall to support the Clean Energy Act say that public vs. private power is not the main issue.

“The public power considerations have been drafted in a thoughtful and reasonable way,” Leno told the crowd. “It would involve study after study after study, and testimony from experts.”

Leno noted that 42 million Americans have public power, and if San Francisco did turn to public power, it would be embracing something as American as mom and apple pie. “Unlike their private power company counterparts, public power systems serve only one constituency: their customers,” Leno said.

Sup. Gerardo Sandoval opined that government is better able to assume renewable energy risks. “The private industry is not going to take that risk,” Sandoval said. “It’s always going to take the cheap way out, which is fossil fuels.

Others warned the audience not to be swayed by PG&E’s anti–Clean Energy campaign, which Newsom’s chief political consultant Eric Jaye is working on.

“This is not some crazy takeover scheme,” Leal said. “It’s about protecting the environment and the rights of San Franciscans and their rate payers.”

The Clean Energy Act has been endorsed by the Sierra Club, San Francisco Tomorrow, ACORN, the San Francisco Green Party, the League of Young Voters, Green Action for Health and Environmental Justice, the San Francisco Green Party, and the Ella Baker Center for Human Rights.

Mark Sanchez, president of the San Francisco Board of Education and a supervisorial candidate in District 9, described showing “An Inconvenient Truth” to the eighth-grade science class he teaches. “What can I say to my kids — we don’t have the policies in place to mitigate the damage they see?”

The Sierra Club’s John Rizzo noted, “This act insures that San Francisco is at the center of this economy. Not in Japan, China, or Germany. It will be here.”

Aliza Wasserman of the League of Young Voters stated that “PG&E is not investing $1 in renewable energy beyond state mandates, and they lobby against measures to raise those mandates.”

Editor’s Notes

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› tredmond@sfbg.com

It’s not an easy time to be celebrating. The Bush administration has driven the economy into the toilet. After more than five years, the nation is still fighting a foolish, unnecessary war in Iraq. Unemployment is rising, and so is the cost of living.

But it’s also been a banner year for grassroots democracy. Barack Obama, the antiwar candidate, the upstart, took on and defeated the vaunted Clinton operation, and did it in large part with little pieces. He raised millions from small donors and mobilized activists on the ground in a way we haven’t seen in too many years.

And that energy is alive and well in San Francisco. The city that defied Washington and forced the legalization of same-sex marriage, the city that remains the heart of the antiwar movement, will be leading the way toward a more sustainable energy policy this fall. District supervisorial campaigns are well underway, with the mobilizations and energy coming not from big campaign donors and powerful interests but from ordinary people who live here and care about their community.

That’s the spirit we celebrate in this Best of the Bay issue.

There’s a lot more democracy in our selections this year — more selections and ideas from our readers, more input from our community. Our cover art and the illustrations inside reflect the activist traditions and inspirations of this city.

It’s bleak out there in America, but hope lives in places like San Francisco. And that’s a great reason to be proud of all that is the Best of the Bay.

Going green requires cooperation

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EDITORIAL There are some clear and compelling things San Francisco needs to be doing to protect the environment and reduce its carbon footprint, such as converting to renewable electricity sources and promoting alternatives to the automobile. But as the past couple of weeks at City Hall have demonstrated, city officials are letting petty politics interfere with working together to do the right thing.

Obviously, the most important step toward combating climate change is to convert the power portfolio of city residents to renewable energy sources. Nobel laureate Al Gore challenged the entire country to move toward 100 percent renewable power sources within 10 years during a landmark speech July 17.

But days later, when Gore appeared at the Netroots Nation convention in Austin, Texas, to repeat the challenge to the assembled bloggers, fellow guest speaker Mayor Gavin Newsom came out against the San Francisco Clean Energy Act, which would set even more modest goals for conversion to green power sources.

Newsom’s reason, as Sarah Phelan and Janna Brancolini explain in this week’s Green City column, is fear of provisions in the legislation that call for studying — just studying — public power options for achieving these goals. Considering Newsom has repeatedly told the Guardian that he supports public power, it’s disgraceful that he’s so beholden to Pacific Gas and Electric and so mindlessly adversarial toward the Board of Supervisors that he would oppose setting high green power standards.

But Newsom isn’t the only one playing this game. Board president Aaron Peskin is trying to scuttle Sunday Streets, which would temporarily close six miles of roadway to cars as part of an international trend to promote carfree spaces, simply because it was Newsom who proposed it (see "Pedal power," 7/23/08).

True, Newsom is a newcomer to the carfree movement — having spent years blocking proposed street closures in Golden Gate Park — but his conversion was warmly embraced by progressive groups such as Livable City and the San Francisco Bicycle Coalition and should have been supported by Peskin and other supervisors.

Meanwhile, the city is doing little to fight the ongoing court injunction against bicycle projects even as required environmental work on the Bicycle Plan falls behind schedule. In connection with a July 21 hearing on that delay, both Planning Director John Rahaim and City Attorney Dennis Herrera have called for reform to the California Environmental Quality Act (CEQA) and for changes in how the city interprets traffic impacts under the act.

"It’s truly ironic that an activity that is inherently environmentally friendly is being challenged under an environmental law," Rahaim said of bicycling as he testified before the Land Use Committee. He’s right. City officials should aggressively move forward with the local reforms under consideration and push the bureaucracy to keep the Bike Plan on the fast track.

Meanwhile, our state legislators should work to amend CEQA to exempt pedestrian and bicycle improvements from costly and time-consuming environmental impact reports and our federal representatives should start laying the groundwork now to ensure next year’s big transportation bill reauthorization promotes alternatives to the automobile.

As a gesture of cooperation and goodwill, Newsom should come out and support Sup. Chris Daly’s latest proposal to close Market Street to automobiles, which would greatly speed up public transit, improve pedestrian safety, and create an attractive bicycle boulevard in the heart of the city.

The idea was first pitched by former mayor Willie Brown and has already been studied and vetted by the city bureaucracy. This could be the first big cooperative project between the board and the Mayor’s Office, a team effort against the forces of the status quo. And if it is successful, just imagine what they could take on after that.

Adventures in eroscillation

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› andrea@altsexcolumn.com

Dear Andrea:

I’m in my 20s, I’ve had a few partners, I masturbate fairly frequently (since childhood), and I have no hang-ups that I can identify. In fact, I enjoy having sex as often as possible (usually more often than my partners can keep up with). However, I don’t think I can orgasm. I have no problems enjoying sex, and I can feel myself building up to an orgasm, but just at the point where it feels like I may reach the peak and crest over, suddenly everything just ebbs away and fizzles out. What gives?

Love,

Going Nowhere

Dear Going:

You too? I had a bunch of these questions this year, but I don’t think there’s any sort of trendy "no orgasms are the new orgasms" thing going on here. I think the orgasmless female sexual experience is with us always. And due to the cosmic joke part wherein our most sensitive bits ended up outside while most of our partners are driven to lodge themselves inside, I don’t expect this phenomenon to go away anytime soon.

You, though — are you saying you don’t come from masturbation either, even though you diligently practice like a good girl? That is frustrating! And it tells me that despite a professed lack of hang-ups, you are likely just not comfortable — sorry for the dismal cliché but there is no better way to say this — "letting go." It’s truly unlikely that you lack the capacity — that just doesn’t happen much with young, healthy women. What does happen is fear, inhibition, and "spectatoring," or allowing oneself to be distracted from the moment by wondering what one looks like or what one’s partner (even imaginary ones) is thinking of one’s performance, and so on. As I mentioned the last time (see "Going solo," 02/20/2008), one of the best sources for exercises aimed at getting one’s inner critic to STFU is Julia Heiman and Joseph LoPiccolo’s Becoming Orgasmic (Prentice Hall, 2003), although there are tons of similar resources out there.

There are also tools available that simply didn’t exist when pioneering works like Becoming Orgasmic‘s original 1980s version were being written — and by "tools" I don’t mean coping skills and so on, as referenced by therapists and therapy geeks. I mean tools that use batteries or alternating current. Some of the stuff out there now is just mind-blowingly efficient, so much the right tools for the job that they practically dare you not to come. Try something in the way of the Rabbit Pearl or one of its many descendants, any of these things that rotate, undulate, buzz, flicker, dice, puree, and frappé. Then see if you’re still having a problem.

Love,

Andrea

Dear Andrea:

My ex-boyfriend was able to give me multiple orgasms, usually using his hands. I mean real, one-after-the-other, sometimes three or four in 60 seconds. I haven’t been able to replicate this myself and I haven’t found anyone else who has quite the same effect on me. I miss it. Do you have any advice? I’m sure there’s no foolproof way to recreate this experience — step one, step two, presto! — but any tips from you or your readers would be welcome.

Love,

Miss the Multiple

Dear Miss:

Foolproof, no, but quite reliable, certainly. Just because you have not shared the above writer’s frustrations does not mean you can’t share her prescription: high-tech sex toys, the kind with something that goes in and something that stays out and various things that go ’round and ’round.

My favorite sex toy vendor, for no real reason other than that it is local to me and staffed with friendly nerdy chicks who can write a decent sentence and test everything before considering carrying it on the site, is Blowfish.com. And while you don’t have to shop there, you should certainly give its Web site a look. The "luxury toys" section is especially fun — even if you don’t want to spend $119, isn’t "The Cone" fascinating? It’s just a pink silicone, well, cone with a 16-function motor, and I suspect it may exude "come to me" pheromones like the similar-looking pink jelly monsters in erotic science fiction are wont to do. (They then enslave you and breed in you and you die, but that’s another story.) It even has an "orgasm button" (isn’t the whole thing an orgasm button?) for the impatient.

Then there’s the Eroscillator, which I love because it sounds and looks like something a bearded, dispassionate 19th-century physician might have used to solicit nervous paroxysm from hysterical housewives.

It also carries less rarified and less expensive options, of course, all of which are rather remarkable examples of modern and mostly Japanese engineering. And I can pretty well promise there was nothing your boyfriend could do with his hands that these can’t do with their … parts. Admittedly, however, they don’t love you. Is that part of the equation necessary, do you think?

Love,

Andrea

Andrea is home with the kids and going stir-crazy. Write her a letter! Ask her a question! Send her your tedious e-mail forwards! On second thought, don’t do that. Just ask her a question.

Outside the HRC dinner

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OPINION On July 26, the Bay Area’s gay and lesbian elite will gather at the posh Westin St. Francis to raise money for the Human Rights Campaign in the name of securing and protecting LGB rights. Despite flip-flopping its position on a federal Employment Non-Discrimination Act (ENDA), which should include protections for gender identity as well as sexual orientation, HRC will rake in money to further advance a version of human rights in the political world of Washington, DC in which transgender and gender-non-conforming people are apparently less than human.

Luckily, there’s a fabulous alternative. Outside the Westin St. Francis we’ll be throwing the "Left Out Party: A Genderful Gay-la" in support of an inclusive ENDA that protects gender identity. Leaders in the city’s progressive community will be partying in the streets in support of our transgender brothers and sisters.

Why outside? The not-so-fabulous truth is that in promoting a noninclusive ENDA, the Human Rights Campaign abandoned the values of equality and inclusion. Transgender Americans need employment nondiscrimination protections at the federal level. Period. A recent study of the transgender community in SF found that 70 percent of transgender women in San Francisco are unemployed. This points to the need for an inclusive ENDA.

When ENDA was being discussed in Congress last autumn, important discussions surrounding political strategy were raised: should we secure legislation that protects all LGBT Americans, or should we compromise the rights of those most vulnerable among us for the gains of many?

A unified front made up of every single prominent LGBT organization nationwide, more than 350 LGBT organizations total, answered in favor of protecting all of us.

Publicly, HRC Executive Director Joe Solomonese promised to transgender activists that the organization would oppose any attempt to introduce a noninclusive ENDA. Meanwhile, behind the scenes, the nation’s supposed leading LGBT political organization worked to strip gender identity protections from the bill in the name of "political expediency" and "incrementalism."

Since that decision, trans activists have organized pickets at HRC’s annual dinner in Washington and at subsequent dinners in cities across the country. Here in San Francisco, we are raising the bar.

In our city, prominent local elected officials and political organizations came out in support of an inclusive ENDA. The San Francisco LGBT Pride Committee nominated HRC for its annual "Pink Brick" award. All of the city’s LGBT elected officials, as well as many allies such as City Attorney Dennis Herrera, Public Defender Jeff Adachi, and Board of Supervisors President Aaron Peskin, are refusing to attend the dinner.

HRC’s failed strategy on ENDA has needlessly divided our community at a time when we are poised to make great gains in civil rights. If any silver lining can be found in this debacle, it’s that a huge majority of queer progressive and even mainstream organizations have come forward to remind everyone that civil rights are not something that can be compromised. That’s a San Francisco value we’re all proud of.

Which is why you’ll find us outside the Westin St. Francis this Saturday — because we want to party with all members of our community. Come join the long list of trannies, queers, gender-fabulous performers, studs, twinks, soft butches, queens, shark femmes, and all fighters for social justice — outside!

SF Pride at Work

SF Pride at Work is an LGBT labor organization.

Letters

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PARTY PROMOTERS


The following two comments appeared with a July 21 posting to SFBG’s Politics blog, "DCCC vote: Does Peskin have it?"

We need a strong leader in our local Democratic Party that will call out our elected leaders on their BS. For example, [Nancy] Pelosi and her continued "do nothing but throw more monies at the war" approach. I have sat by and watched the DCCC leaders do nothing but carry the party line toward the right. It’s time for a change and to bring our party back to the left. Chris Daly would be the best one to make that happen, but unfortunately he is backing Peskin for that. I trust Chris, so I will have to go along with it for now. In 2010 you will have a chance to put your name on the next DCCC race if you don’t like how things are going.

Jerry Jarvis

Sup. Daly, never a fan of your brand of politics. I believe that San Franciscans will for years be harmed if your friend and colleague Sup. Peskin is elected chair of DCCC.

You will see my letter in this week’s Bay Area Reporter quoting both you and Mr. Peskin on your intent to change the way things are done on the DCCC and how you’re being termed off the Board of Supervisors seems to have energized you to find new ways to continue legisutf8g from beyond City Hall.

I fear for everyday San Franciscans, I fear for your children, I fear for businesses (who will pay taxes to support all that you and Sup. Peskin want to do?), and I fear for the survival of a united San Francisco.

Similar to the recent Leno vs. Migden race, I am deeply dismayed at the vitriol and partisan nature this race has taken.

Mark Murphy

WHAT IS JEWISH MUSIC?


The following comment appeared with a July 15 posting to SFBG’s Noise blog, "Shining a light on Diamond Days ’08 music fest."

Heeb magazine repeatedly demonstrates that it is pretty clueless when it comes to Jewish culture outside of a narrow set of tired shticks. When [publisher Josh] Neuman comments that "Jewish music" is "a murky moniker that generally signifies some sort of backwards gaze at a mythical, ‘authentic’ past," he’s demonstrating that he has no idea what’s going on in the Jewish music scene. Jewish music has never been so forward-looking as it is now. There are artists all over the country (and world) exploring what Jewish music can become. They are, with no more lofty goal than making great music, creating a new American Jewish culture that is as vibrant as anything that has come before. But Heeb hasn’t noticed and isn’t interested. In Heeb‘s world, being Jewish is nothing more than wearing a hip "tribe" T-shirt while laughing at your grandparents. Who’s looking backward?

Jack Zaint

The Guardian welcomes letters commenting on our coverage or other topics of local interest. Letters should be brief (we reserve the right to edit them for length) and signed. Please include a daytime telephone number for verification.

Corrections and clarifications: The Guardian tries to report news fairly and accurately. You are invited to complain to us when you think we have fallen short of that objective. Complaints should be directed to Paula Connelly, the assistant to the publisher. We’d prefer them in writing, but Connelly can also be reached by phone at (415) 255-3100. If we have published a misstatement, we will endeavor to correct it quickly and in an appropriate place in the newspaper. If you remain dissatisfied, we invite you to contact the Minnesota News Council, an impartial organization that hears and considers complaints against news media. It can be reached at 12 South Sixth St., Suite 1122, Minneapolis MN 55402; (612) 341-9357; fax (612) 341-9358.

The verdict stands

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› tredmond@sfbg.com

Judge Marla Miller on July 18 rejected attempts by the SF Weekly and its chain owner to overturn the Guardian‘s victory and $16 million jury award in a predatory pricing case.

The ruling marked the end of the first full round of this legal fight and sets the stage for a shift to the California Court of Appeal.

SF Weekly and Village Voice Media had asked Miller to overturn the jury verdict or order a new trial, and the company lawyers spent hours July 8 arguing that the evidence presented in a five-week trial didn’t justify the jury’s decision. They also claimed that Miller had issued improper jury instructions.

Attorneys James Wagstaffe and H. Sinclair Kerr also tried to get the judge to sever the 16-paper chain from the damages part of the case. That would have left the Weekly as the only guilty party. And VVM had admitted that the Weekly has no assets and would be unable to pay the Guardian anywhere near $16 million.

Miller, with little comment, denied both requests.

The defendants have consistently said they plan to appeal.

The case centered around the Guardian‘s charge that the Weekly had for years sold ads below the cost of producing the newspaper for the purpose of injuring the locally owned, independent competitor.

Evidence presented at trial showed that the Weekly had consistently lost money, as much as $2 million a year, since New Times — now known as VVM — bought the paper in 1995.

The evidence also showed that VVM’s executive editor, Michael Lacey, had vowed to put the Guardian out of business, and that Weekly advertising and business staff were instructed to try to take business away from the Guardian, whatever the cost.

And while the VVM lawyers mounted a convoluted legal argument to claim that the parent company wasn’t legally liable for any damages, the trial showed that the senior executives at the Phoenix-based chain were not only aware of the predatory strategy but were active participants in it.

In fact, two senior officers, CFO Jed Brunst and group publisher Scott Tobias, admitted that the SF Weekly would have gone out of business years ago if the chain hadn’t subsidized its operations.

For more details and key documents, go to sfbg.com/lawsuit

Opening the corridor

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› news@sfbg.com

San Francisco is a dangerous town for butterflies. Xerces blue, a species that once thrived in the city’s dunes, suffered a catastrophic demise in 1941, the first butterfly extinction in the United States caused by urban development.

In the years since, local butterflies haven’t fared much better. According to lepidopterist Liam O’Brien, 24 of 58 local species have been wiped out in regional extinctions caused mainly by habitat destruction. Another three or four, he said, will likely be gone within the next five years.

The green hairstreak is one of these on-the-brink butterflies. Boasting brilliantly verdant wings, the nickel-sized hairstreak lives only in the Inner Sunset’s Golden Gate Heights neighborhood and at Battery Crosby in the Presidio. Survival of the species depends on linking two populations on Rocky Outcrop (14th Ave. and Noriega) and Hawk Hill (14th Ave. and Rivera).

Separated by just five blocks — less than a mile but enough concrete to be the edge of the earth for smaller butterflies — the two hilltop populations are islands whose fluttery inhabitants have become genetically threatened by full sibling inbreeding.

Female hairstreaks rely on one of two native plants, coast buckwheat and deer weed — both of which once grew abundantly on natural dunes — as sites for their eggs. As O’Brien told the Guardian, "The females disperse, and they just disperse into oblivion if they don’t have the host plant to keep it going."

The Green Hairstreak Project is O’Brien’s plan to build a botanical bridge. "We could keep this butterfly alive in the city if we just totally bombard that area with these two plants," he said, adding that starters are being grown in preparation for October planting.

The project is a program of Nature in the City, an organization devoted to the ecological stewardship of San Francisco. Founding Director Peter Brastow said the city is full of "reservoirs of indigenous biodiversity," and believes that the whole urban landscape is a potential habitat. "The other piece of the puzzle," he said, "is connecting up wildlands via corridors."

O’Brien is considering various corridor-constructing strategies, from knocking on doors and giving buckwheat and deer weed plants to residents (he’s mapped potentially usable front yards) to professional dune restoration. During this past hairstreak season, between mid-March and the end of May, he led walks to introduce future stewards to the resident butterfly.

"Literally, can we please just put this plant in your front yard? It’s not complicated," O’Brien assured would-be-hosts, adding that he would like San Francisco to be celebrated for what it saved, not just for a species it destroyed. "Here’s a butterfly that flew at the same time Xerces did. Are we going to step up and do something?"

O’Brien’s hairstreak haven is not the only corridor being mapped out. A few neighborhoods east, artist Amber Hasselbring is building a series of native plant plots that zigzag along Mission District sidewalks. "Think about looking down from Dolores Park," she said, "and seeing this whole thing just unfolding in front of you so the park does not have a border anymore, [but] just flows into the next one."

At Mission Playground on 19th Street and Linda, Hasselbring explained her Mission Greenbelt Project, also a Nature in the City program. From her initial, mammoth vision to "daylight" the buried Mission Creek, she wondered instead about connecting the spaces, and people, that are already part of the community. "The Mission is such an incredible hotspot for culture," she said, "and then we have all these natural areas."

The urban wildlife corridor would meander from Dolores Park to Franklin Square at 17th Street and Bryant, a route based on both existing garden-able spaces — among them Alioto Mini Park (16th Street and Capp) and John O’Connell High School (18th Street and Harrison) — and potentially receptive businesses, such as Project Artaud Theater and KQED’s studios.

Hasselbring is eager to remove sections of unused sidewalk and transform them into sidewalk gardens. Mohammed Nuru, deputy director of operations for the Department of Public Works, told us that the city tries to make the permitting process as simple as possible to encourage citizen-built "green highways." He said it generally takes about six weeks, depending on the area’s status and the planting plan. In the two years it’s been available, more than 200 people have applied.

"We strongly support the greening of the city and the removal of asphalt," he said. "The city has a lot of vacant lots that at one time were planned to be streets, but because the city is so hilly, they never happened. Those are huge opportunities also for becoming green spaces."

In May, Hasselbring and 50 volunteers, organized by the Recreation and Park Department, established 200 individual plants in the three-foot-wide border around Mission Playground. Now, a habitat garden of 13 different species thrives where previously only Rugosa roses and ficus trees grew.

Dylan Hayes, a landscape ecologist and neighbor of this first site, selected the native plants for their ability to foster local fauna: creeping manzanita for wintering hummingbirds, pink flowering current for berry-loving thrushes, sticky monkey flower for bumblebees, and so on.

"It’s like the Field of Dreams: If you build it, they will come," Hayes said, mantra-like. "People are battling about what it means to be a ‘green city.’ But if you want a green city, you need to simply invite nature in."

What the candidates need to tell us

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EDITORIAL The traditional kick-off date for fall campaigns is Labor Day, but in San Francisco, the candidates for supervisor have been in full campaign mode for months now, and some of the races are beginning to take shape. As political groups start making endorsements, it’s worth looking at what’s at stake here — and what the candidates ought to be talking about.

For starters, it’s going to be a crowded fall ballot, and there’s the potential for a broad progressive coalition to come together around a clear agenda for the future. Among the proposals headed for the ballot are an affordable housing plan, a green energy and public power measure, two new tax plans that focus on bringing in revenue from the wealthy, and a huge bond act to rebuild San Francisco General Hospital. All of the progressive candidates should be backing those measures and working together for their passage.

But the candidates also need to offer long-term solutions to the serious problems facing San Francisco. This is a city under enormous pressure, and unless some dramatic policy changes take place, San Francisco will continue its rapid slide toward becoming a city of and for the very rich.

A few items that ought to be on every progressive candidate’s platform:

<\!s>The city’s energy future. The fall ballot measure, the Clean Energy Act, will lay the groundwork for a sustainable local energy policy, although the supervisors will have to aggressively push the key element: creating a city-run electric utility. As long as Pacific Gas and Electric Co. controls the local grid, San Francisco will never meet its environmental goals. Rates will remain high, conservation will be an afterthought, and PG&E will resist any type of renewable program it doesn’t control. The candidates need to make clear that they’re committed to a full-scale public power system and tell us how they will move the goals of the Clean Energy Act forward.

<\!s>The housing crisis. San Francisco’s housing policy today is utter insanity. If it continues, the city in 10 years will look nothing like it does now. The middle class will be gone. Families with kids will be a vanishing species. Tens of thousands of people who work in this city — and keep its economy going — will be forced to live far away. Fancy new towers filled with millionaires will destroy entire neighborhoods and displace the city’s remaining blue-collar jobs.

The affordable housing ballot measure is a good first step, but much more is needed. Solutions aren’t easy, but they start with one premise: the city doesn’t need any more housing for the rich. Affordable-housing programs that set aside, say, 20 percent of new units for non-millionaires are a losing game because they accept as reality the prospect of a city where 80 percent of the residents are millionaires.

San Francisco needs a comprehensive policy that forces the city to meet its General Plan goals, which call for 64 percent of all new housing to be available at below-market rates. We need to hear how the candidates would make that happen.

**The structural budget deficit. San Francisco is a wealthy city, but there’s never enough money in the budget for the level of services residents want and need. With the exception of the rare boom years, the city has always had a revenue shortfall. Sup. Aaron Peskin’s two tax measures could bring in another $50 million per year — no chump change by any means. But the city needs about $200 million more per year to make the numbers balance. The candidates need to talk about where that will come from.

**The Muni meltdown. You can’t have a transit-first policy without effective transit, and Muni’s in trouble. Budget cuts are a big part of the problem, but the city needs a modern transit program — and that’s barely even on the drawing board. How are the candidates going to fix one of the city’s most important services? Will the candidates support the long-overdue completion of the city’s bicycle network and other bold efforts to decrease reliance on the automobile?

**The war on fun. As the city gets richer, it gets more uptight. Street fairs are under attack. Clubs are facing police crackdowns. Permit fees and red tape are making it almost impossible to hold events in Golden Gate Park. Sup. Ross Mirkarimi has a ballot measure to make some of the permitting easier, but what are the candidates going to do to end the Gavin Newsom–era attack on arts and entertainment?

There’s much more: The police aren’t solving homicides. Small businesses feel utterly ignored by City Hall. The Planning Department is run by developers. The list goes on. And the next Board of Supervisors will need to address all those issues. Over the next few months, the candidates that want the progressive vote need to give us some clear explanations of where they stand.

Editor’s Notes

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› tredmond@sfbg.com

A couple of years before term limits ended her career as a supervisor, the late, great Sue Bierman took out the homeless-bashers one day with a legendary burst of honesty and logic.

It was the late 1990s, when the Board of Supervisors was made up almost entirely of the handpicked mistresses (his word, not mine) of then-Mayor Willie Brown. Substantive debate was rare.

This particular day, the item before the supervisors was a plan to crack down on alcohol consumption in Golden Gate Park. The wealthier and more uptight denizens of the surrounding neighborhoods were all atwitter about homeless people drinking, and the board was prepared to direct the police chief to round up the miscreants and send them to jail.

Then Bierman weighed in. Excuse me, she said, but the park is where these people live; it’s their home. "And when I’m in my home in the evening, I often have a gin and tonic," she said. "Why do we want to tell homeless people that they’re any less than I am?"

Yeah, some people laughed, but she was dead serious. And she was right.

I thought of Bierman when I read the latest screed by C.W. Nevius, the Chron‘s suburbanite columnist, about a civil grand jury report pointing out what astute housing activists have known for some time now — that many of the panhandlers on the street aren’t homeless people.

Walk through the Tenderloin and actually talk to the people hanging out on the street, and you’ll learn that many live in the supportive housing or low-cost units that the city and nonprofit housing agencies have built or renovated in the past few years. Visit one of their tiny, single-room apartments and you’ll realize why they spend a lot of time on the street; nobody wants to be cooped up in a tiny space all day.

But to understand why panhandling — the horrible evil that has Nevius so up in arms all the time — still goes on, you need to understand something else, a point he left out of his columns.

When Gavin Newsom ran for mayor on a program called "Care, Not Cash," he had a plan: give people a place to live — but in exchange, cut their welfare checks to almost nothing. The CNC recipients get a roof over their heads, which is wonderful, but they then have to survive on about $50 a month plus food stamps.

It’s not enough. So they panhandle.

I’m sorry, but I’m with Sue Bierman. When I come home at night, I immediately pop a cold Bud Light. If I lived in an SRO, I’d do the same thing. And if I couldn’t work or couldn’t find work, and my food stamps wouldn’t pay for beer, I’d panhandle for a six-pack. Better believe it.

Not every person who drinks needs treatment, and not every drug user is an addict. Some are, and the city needs to do what it fails to do now, and provide treatment on demand. But some people who line the streets and ask for spare change are just like the rest of us — except that thanks to Newsom’s program, they’re broke all the time.

Want to stop panhandling? It’s easy and fairly cheap. Raise General Assistance to a level that supports a decent, humane life (and yeah, that might include a beer now and then.) Otherwise, quit whining. Because panhandling is going to be a fact of life.

Hunting the lord of war

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› gwschulz@sfbg.com

Accused illegal arms dealer Victor Bout’s long-awaited arrest by Thai police officers March 5 was an important victory against unchecked human rights abuses around the world, and a personal vindication for the San Francisco woman who helped bring Bout to international attention.

Bout arrived at the luxurious Sofitel Hotel in Bangkok believing he was to meet with two senior leaders of the Marxist guerrilla army known as the Revolutionary Armed Forces of Colombia, or FARC. The men, it turned out, were paid informants operating on behalf of US drug enforcement officials.

Through an associate, the 41-year-old Bout allegedly promised to sell the duo large quantities of weapons to continue FARC’s decades-old insurgency against the Colombian government. According to an April federal grand jury indictment filed in New York, the arms included surface-to-air missiles, AK-47s, C-4 explosives, land mines, and even people to help train FARC soldiers in using the weapons.

Among those most relieved — and surprised — at the arrest was a relentlessly determined human rights investigator who lives in San Francisco. Kathi Lynn Austin, 48, has been pursuing the notorious trafficker and war profiteer for more than a decade.

Bout, a former USSR Air Force officer, is widely reputed to be one of the world’s most active criminal arms dealers, perhaps best known for his spectral presence on the African continent. There, he cultivated professional relationships with its litany of brutal dictators and helped fuel some of the most appalling human rights tragedies of the last century.

Austin and other investigators, as well as journalists and law enforcement officials in several countries, say that Bout expertly structured a business empire of shell companies, dubiously licensed cargo planes, and endless arms accumulations from former Soviet stockpiles — all of which were intended to minimize evidence linking his name to illegal weapons dealing.

But the work Austin did to penetrate that shell and expose Bout was so notable and dramatic that Paramount Pictures announced in December 2007 that superstar Angelina Jolie would play her in a drama inspired by Bout’s infamous career.

It’s a stunning achievement for someone who 15 years ago struggled to convince even her colleagues in the human rights community that the end of the Cold War and the globalization of organized crime made nonstate actors like Bout as much of a threat to peace as the tyrannical governments they’d been naming and shaming for years.

"A human rights violation is considered a violation that is carried out by a state actor," Austin told the Guardian. "We were trying to change the whole field of human rights to philosophically say we should be going after these private perpetrators as well."

Austin has helped document Bout’s convoluted network since about 1994, first as a consultant for Human Rights Watch and later as arms and conflict director for the Washington, DC–based Fund for Peace, for which she maintained a San Francisco office, before eventually working for the United Nations.

After returning to San Francisco in June from an 18-month UN mission in East Timor, Austin agreed to talk about her investigations of Bout over several hours of interviews near the North Beach apartment where she’s been holed up writing material for the Paramount script.

Seeing Austin in a crowded coffee shop with clear features and wide, earnest eyes, it’s not easy to imagine her charging through the world’s hellholes: Rwanda, Sierra Leone, Liberia, the Democratic Republic of the Congo, Angola, and other African conflict zones where the UN has imposed longstanding but ineffective arms embargos.

The work of Austin and others repeatedly helped show that death and destruction could continue indefinitely for the right price paid to savvy arms brokers like Bout, while the United States failed to regard the plight of civilian populations across Africa as vital to its interests.

As the world would learn in 2004, even the US military relied on Bout’s planes to conveniently bring its partially privatized war machine down on Iraq, making this story about more than just Bout and his pursuers.

Following Bout’s arrest in Thailand, federal prosecutors here charged him with conspiring to kill US nationals and attempting to illegally acquire anti-aircraft missiles.

In 1997 the United States designated FARC a terrorist group for kidnapping and murdering American citizens in Colombia. US officials also consider Colombia the globe’s largest supplier of cocaine, a trade that’s kept the leftist rebels afloat.

Bout allegedly told DEA informants that an ongoing, violent campaign by the FARC to counter America’s cocaine fumigation efforts in Colombia was his fight, too, and that he could supply the guerrillas with everything they needed.

Days after this story goes to press, however, he’s due for a court hearing in Bangkok, where a judge will decide whether to extradite him to the United States. That means Bout could face a criminal trial on American soil. To Austin, that’s long overdue. She had lost hope that her country would subdue a top-tier enabler of gross human rights violations. A secret sting operation led by American narcotics agents was the last thing Austin believed would lead to Bout’s capture — and for good reason.

She first became aware of his name in 1994, shortly after witnessing one of the brightest moments in contemporary African history. On April 24 of that year, Austin stood near the polling station as Nelson Mandela, a political prisoner of 27 years, marked his ballot in South Africa’s first fully democratic election. She’d been invited to attend after working as a researcher in the Natal province documenting political violence and the apartheid government’s desperate attempts to preserve decades of white control through upheaval and destabilization. No one was sure Mandela would reach the ballot box.

"We got up at three, four in the morning to load a bus," Austin recalls. "Nobody told us exactly where it was. We had to go under cover of darkness. When we got there, he voted just after the sun came up."

The inauguration party weeks later spilled out everywhere in Johannesburg. Austin mingled with foreign journalists and drank champagne. But one of the greatest parties of the century turned glum as vague reports mounted describing trouble in a nearby country, one smaller than Maryland and at the time unknown to most Americans: Rwanda.

"Nothing was really clear. It was all very ambiguous," Austin remembers. "We just kept hearing these reports that 10 Belgian peacekeepers had been killed and the UN was pulling out and people were dying on a massive scale."

The Rwandan genocide would become one of the greatest human atrocities since the Holocaust as extremists from the ethnic Hutu majority massacred at least 800,000 minority Tutsis and Hutu moderates with gruesome efficiency while the world stood by.

As details emerged, Austin raised money in the United States and worked to get to the beleaguered African nation as soon as possible. Meanwhile, a Tutsi-led military offensive defeated the Hutu Power government in the capital city of Kigali by July 1994 and supposedly ended the genocide. But as Austin and others would learn, the violence was far from over.

Hundreds of thousands of refugees streamed toward the eastern border of neighboring Zaire, among them the perpetrators of the genocide. Hidden inside refugee camps, Hutu militias renewed their strength and began amassing weapon caches with the quiet support of Zairian dictator Mobutu Sese Seko.

Austin fearlessly penetrated the militia encampments, persuading exiled Hutu military leaders to disclose how they had obtained antitank grenades and high-caliber ammunition. The list included Col. Théoneste Bagosora, considered to be a chief architect of the genocide. Her trick? Austin told them she was a researcher for the neutral-sounding Institute of Policy Studies — which was technically true — and simply needed to hear their side of the story.

"It was a really treacherous place to be," Austin said. "At the time I appeared young, nonthreatening. I didn’t often say I was with Human Rights Watch…. In any kind of organization, people are motivated by many different things. You find those sources that for some reason or another want to help out or are so ego-driven they don’t think that any information they give to you is going to be used somehow against them."

She also interviewed members of flight crews who gave her information on cargo companies hired by the Mobutu government to secretly supply its Hutu allies with weapons by falsifying official flight plans and end-user certificates, key legal requisites designed to curtail transnational arms shipments.

According to her later Human Rights Watch report, "The militias in these camps have taken control of food distribution, engage in theft, prevent the repatriation of refugees through attacks and intimidation, carry out vigilante killings and mutilations of persons suspected of crimes or of disloyalty … and actively launch cross-border raids."

What didn’t make sense was how the suspected ringleaders of the genocide could obtain weapons despite the return of peacekeepers to the area and an arms embargo on Rwanda imposed by the UN.

CIA investigators later discovered that planes belonging to Bout were involved in supplying the outlaw Hutus, according to Douglas Farah and Stephen Braun’s definitive book on Bout, Merchant of Death: Money, Guns, Planes, and the Man Who Makes War Possible (Wiley, 2007).

Austin also came to that conclusion by the end of an eight-month fact-finding trip to the region carried out in 1994 and 1995. Her findings for Human Rights Watch helped propel her to international notoriety as more NGOs focused on illegal arms flows coming from private brokers.

"The Rwandan genocide was really the watershed, for me and for Bout," Austin said. "In the early years, he’s building his empire and I’m beginning to narrow what I want to investigate. I was becoming more and more convinced that in all the wars I was looking at, it was logistics. It was all about who could bring in the guns, the fuel — keep the war going."

Back then, Bout was still a bit player among many weapons suppliers working on the continent, according to Austin. But he soon did something that would significantly boost his career and help make him what another Bout pursuer once described as "the McDonald’s of arms trafficking." He switched sides and helped the new post-genocide Rwandan leadership topple the neighboring Zairian presidency of Mobutu, Bout’s own longtime client.

Zaire is known today as the Democratic Republic of the Congo. Bout would make yet more money years later aiding another warlord who attempted a violent coup inside the country, Jean-Pierre Bemba. The International Criminal Court last month charged Bemba with mass brutality and rape committed against civilians between 2002 and 2003.

"He [Bout] has no loyalty," a Bout associate told Merchant of Death authors in 2006. "His loyalty is to his balls, his sweet ass, and maybe his wallet."

Probably Bout’s most cynical move occurred in Afghanistan. At the start of his career, in the early 1990s, he allegedly maintained an intimate business relationship with commanders of the Northern Alliance, the tribal army that fought Taliban extremists for years until gaining power in Afghanistan with US help following the Sept. 11 terrorist attacks.

US officials began openly acknowledging in 2005 that Bout earned as much as $50 million also furnishing the Taliban with military equipment during its reign over the country.

Austin’s upbringing is the antithesis of what one might expect from an international human rights investigator. The oldest of five kids, she played guitar in a country-and-western band with the rest of her siblings, embarking on tours throughout the South from their home in Richmond, Va.

"We would play for people who had no money," she said. "We’d camp out for three days just to give them some music."

In the ’60s , the family of Baptists played at small African American churches during the climax of Southern segregation and against the backdrop of racist terror. They defied the neighbors and invited black friends over for dinner or socialized with them publicly. The Austins were largely apolitical, but Kathi says her parents insisted on human decency and encouraged a basic sense of justice and rebellion.

Her exposure to the destitution of many formerly enslaved black families in the South translated seamlessly in her own mind to Africa, a continent that fascinated her. But her understanding of the continent was limited.

"I just wanted to go save Africa one day. It was what I said I wanted to do with my life when I was really young…. I had this kind of missionary zeal, this very naïve, humane impulse."

Few people in her family considered going to college, but Austin hungered for academic achievement, securing a scholarship to the University of Virginia in the late ’70s.

Civil rights turmoil at the school politicized her and transformed her deeply. A model Organization for African Unity held for college students each year at Howard University in Washington, DC had the greatest impact. She attended it devotedly for several years. After competitive debates, politicians, professors, and other experts would speak to the students about Africa’s colonialist history and the anti-Apartheid movement.

"I really began to understand a lot of the underpinnings of what was going on with the African liberation movement in South Africa," she said. "I became engrossed in it and learned a lot intellectually and got a good sense of what I thought."

Austin began to zero in on the Ronald Reagan administration’s agenda of undermining Soviet communist influence in the region. The United States covertly backed the UNITA rebels in Angola against a communist-led liberation movement there, and continued to support the white-dominated and separatist apartheid regime of South Africa.

She wanted to investigate the unsavory relationships Reagan’s White House had developed on the African continent in its crusade to defeat communism during the Cold War. But Austin was aware of only two think tanks in the capital that examined such issues and had a reputation for attracting left-leaning luminaries. One was the nonprofit National Security Archive, a repository of declassified intelligence and foreign policy documents obtained largely through Freedom of Information Act requests.

Headquartered at George Washington University, lawmakers concerned about US covert activities abroad and some of the nation’s best-known journalists, including New Yorker writer Seymour Hersh, palled around at the independent, nongovernmental research library after it was founded in 1985 by a group of muckracking reporters and scholars.

Austin’s internship there in 1988 created a new realm of possibility — solo investigations — and sparked an interest in following the intricate paper trails that accompanied her growing knowledge of Africa’s geopolitical landscape, frequent outbreaks of low-intensity conflicts, and evasive weapons procurers.

But she still had never been to Africa. "That was my big ambition," she said. "If there’s anything about me it’s that I’ve got to see for myself."

As her ties to Washington expanded, she joined a World Bank urban rehabilitation team, writing political and economic background reports on Angola in 1989, believing she could make a difference inside the ill-reputed lender to developing countries.

She didn’t, but it was enough to give her first contact. After that trip to Angola, Austin used her savings to stay behind, joining a UN mission overseeing the withdrawal of Cuban troops above the 19th parallel, who were there as a result of Angola’s years-long civil war. She later went to Mozambique on a MacArthur Foundation grant and interviewed private mercenaries operating there for a report called "Invisible Crimes" that included a simple investigative formula she would employ for years to come: What’s wrong? And who’s doing it?

"Through the years, you realize just what kind of danger she’s in," her sister, Cindi Adkins, said from Virginia. "We would go days, weeks, months without hearing from her. My mom would say, ‘We have to call the Red Cross and see if we can find out that she’s okay.’<0x2009>"

Wanting to escape Washington culture, she moved to North Beach in 1997 after becoming entranced by San Francisco’s slower pace. Between missions, she’d spend full days at Caffe Sapore on Lombard Street writing a book about arms trafficking she’s still working on today.

Stanford University’s Center for African Studies invited her to become a visiting scholar for a year, researching arms proliferation and lecturing students, while the Goldman School of Public Policy at the University of California, Berkeley, did the same thing shortly afterward.

But the San Francisco–based Ploughshares Fund became one of Austin’s biggest supporters, helping her finance the creation of a local arms and conflict office for the Fund for Peace, an antiwar think tank in Washington.

"At that time, one of the areas we did a lot of funding in was the control of small arms and light weapons," said Deborah Bain, Ploughshares’ communications director. "Kathi was someone who did a lot of very courageous work tracking arms flows around the world. We were very impressed with the work she was doing and the kinds of results she was getting."

By then the UN had grown to understand the need for knowledgeable people on the ground who could travel across various war-torn African countries and gather evidence on who was vioutf8g arms embargos and how they were doing it. In the coming years, Austin served as a consultant and official expert on panels that investigated sanctions violations in Liberia, the Congo, Uganda, Burundi, Sudan, and Sierra Leone with teams of other human rights investigators who’d long followed Bout’s operations.

Her ex-boyfriend, Todd Ewing, a foreign economic development specialist and Bay Area native who began dating her in East Africa during the ’90s, described Austin as intense and ambitious. While his own blonde hair and six-foot frame made him conspicuous in the region, he said Austin’s "big brown eyes" and polite manner enabled her to slyly convince gritty characters to talk.

"Her MO at that time would be to just disappear for months [on fact-finding trips]," Ewing said. "I always liked to describe her as a sort of spy for the good guys."

Observers say that history handed the equally ambitious Victor Bout a perfect storm in 1991 at just 24 — an age when many Americans are looking for their first post-collegiate job.

The Soviet empire dissolved that year, ending the Cold War between Russia and the United States. Economic globalization expanded and gave every creative entrepreneur with good connections, criminal or legit, a chance to make a fortune. Aging Cold Warriors in the Beltway during the Bill Clinton era and later in George W. Bush’s cabinet maintained a stark binary ideological view of the world and failed to take seriously the growing threat posed by transnational criminals who had exchanged ideology for profit.

After the Berlin wall fell, corrupt Russian oligarchs infamously plundered the country’s assets as they were privatized following years of state control. Some robbed Russia’s rich oil reserves. Bout sought its military installations and airfields containing rows of cheaply available and unused commercial planes, all essentially abandoned by the central government.

Profiles of Bout put him in Angola — and possibly Mozambique — working as a translator for Russian peacekeepers when the Soviet Union broke up. US officials say Victor Anatolijevitch Bout was born in Dushanbe, Tajikistan, a deeply impoverished former Soviet state, and speaks several languages.

Bout told the New York Times in a rare 2003 interview that he purchased three Antonov aircraft for next to nothing in 1992 and used them to exploit a gap in the transit market, at first ferrying innocuous cargo like flowers from South Africa to the Middle East.

But the mogul quickly fostered connections to old Eastern bloc manufacturing and storage facilities in places like the Ukraine and Bulgaria, which were filled with AK-47s — ubiquitous in the developing world — ammunition, tanks, helicopters, and other military equipment.

Over time, investigators say he erected a complex web of cargo and airline companies designed to throw off suspicion. If one firm faced too much attention from aviation authorities, another was created to hold the assets. Otherwise, bribery, fraud, and forged documents were used, according to a report on Bout created by the US Treasury Department. In many African countries, aviation regulations are weak and international law is rarely enforced.

"Unless confronted with documentary evidence to the contrary, Bout’s associates consistently deny any involvement with Bout himself or playing any role in arms trafficking," the treasury report from 2005 reads.

US officials believed by then that he controlled the largest private fleet of Soviet-era aircraft in the world and employed hundreds of people, overseen partly from a nerve center in the United Arab Emirates, at the time a fast-growing and highly unregulated intercontinental transportation hub east of Saudi Arabia.

The Treasury report and other investigations say Bout became a confidante of the Liberian dictator Charles Taylor, supplying him with gunships and missile launchers. Taylor is currently on trial in the Hague for directing horrifying atrocities in neighboring Sierra Leone, ranging from widespread and extreme sexual violence to drugging and forcing children into combat.

When treasury officials here finally moved to seize Bout’s assets and bar Americans from doing business with him in 2004, they concluded that he had received diamonds extracted from Sierra Leone in exchange for supplying arms to Taylor.

That year saw one of Austin’s boldest attempts to confront the trafficking of illicit goods, on an airport tarmac in the Democratic Republic of the Congo, at that time under its own arms embargo. A UN team Austin worked with uncovered piles of questionable registration records during a surprise inspection of two dozen planes, some of which fit Bout’s profile, as their Russian crews stood by, annoyed.

"I only told one or two high-ranking UN officials to get their permission, so we could be sure it didn’t get leaked out," Austin said. "None of the people involved in the actual inspection knew about it until that morning…. I’m still surprised it was so effective. I’m not sure it would work again."

International aviation rules require pilots to maintain several different types of documents, but the group found that 21 planes had invalid registration papers, two had false airworthiness certificates, and three had no insurance to speak of — telltale signs of smuggling. The group determined that weapons in the area were being exchanged for illegally mined columbite-tantalite, or coltan, a valuable mineral contained in some modern electronic devices such as cell phones.

The revelation led the UN Security Council to place Douglas Mpamo, a prominent alleged Bout manager in the region, on the DRC sanctions list, along with a pair of well-known Bout subsidiaries. With Austin’s help, another reputed top Bout lieutenant named Dimitri Popov made a similar security watch list in the United States.

Meanwhile lower-level bureaucrats in the US State and Treasury departments collected evidence on Bout for years, assisted by Austin, who occasionally met with them to relay information she had gathered on fact-finding missions. She testified to Congress about the proliferation of small arms, too, but after Sept. 11, the White House drifted away from a growing campaign to stop Bout.

"I don’t think the Bush administration should get any credit for the fact that Victor Bout was arrested," Austin said. "I think it has to do with the DEA being insulated from the policy influences of the administration. They kept the case so secret they were able to succeed. In the past, once it became an interagency issue or problem, bureaucratic inertia and turf wars entered in and always raised some obstacle to the actual pursuit of Bout."

Eventually, that bureaucratic inertia began to look like something far more shameful.

On April 26, 2005, several state and federal law enforcement agencies including the FBI, IRS, and Dallas Police Department, raided two homes and an office in Richardson, Texas, looking for evidence that Bout’s tentacles had reached the United States.

The properties belonged to a Syrian-born American citizen named Richard Chichakli, who had served in an aviation regiment of the US Army during the first Gulf War. After being discharged in 1993, Chichakli helped create a free trade zone in the United Arab Emirates.

That’s where Chichakli likely first met Bout. Chichakli later returned to the US and became licensed as an accountant and an expert in military contracting. Officials found records showing that the 49-year-old Chichakli had created American companies connected to Bout.

Also discovered during the raid were wire transfer statements showing hundreds of thousands of dollars at a time moving from Bout-connected companies in the UAE to Chichakli in Texas, and credit card invoices managed by Chichakli listing Bout’s lavish purchases at businesses serving the nouveau riche of Moscow.

The raids were the result of a July 2004 executive order signed by President Bush — who, facing pressure from the UN, authorized the raids and prohibited Americans from doing business with Bout due to his connections to Taylor in Liberia.

The White House’s action came years after Austin and other investigators compiled their own research on Bout’s role in arming African warlords. Thirty companies and four individuals were added to a blocking order as a result. Federal court records from the case include extensive references to UN reports on Bout, including some Austin worked on, like one citing witnesses who saw a Bout-connected plane transporting large volumes of arms and ammunition through a Congolese airport between February and May 2004. Something was finally being done, or so it seemed.

But Austin and her colleagues were furious to learn that the US Defense Department hired Bout’s vast air armada with taxpayer money nearly 200 times in 2004 alone to ferry supplies and construction materials into Baghdad after the start of the Iraq war.

Merchant of Death co-author Braun, a Los Angeles Times national correspondent, reported for the paper in December 2004 that two well-established Bout companies, Air Bas and Irbis, had contracted with the US Air Force and Army as well as private companies like FedEx and Kellogg Brown & Root, the much-maligned former Halliburton subsidiary. The State Department had circulated a list of Bout companies warning its officials not to use them, Braun wrote, but the Pentagon made no similar effort.

A fuel purchase agreement included in Chichakli’s court file shows that the Defense Department used Air Bas "for official government purposes" just nine days after Wisconsin Democratic Sen. Russ Feingold questioned top defense officials, including then–Deputy Secretary of Defense Paul Wolfowitz, about such contracts. But Wolfowitz didn’t acknowledge what he eventually characterized as the "inadvertent" use of Bout’s planes for Feingold until months later.

When Austin delved into the issue in 2005 with fellow Merchant of Death author Farah, a former West African bureau chief for the Washington Post, the pair obtained new information for an article in the New Republic showing that the US military also used Bout-controlled companies during a four-month period in 2005, long after the "inadvertent" contracting had first been publicized.

The discoveries were a major letdown for Austin. She’s discussing with some NGOs the possibility of suing the federal government for vioutf8g its own presidential executive order. But Austin knows that even if Bout lands in a US prison for life, there will be someone else to take his place. It’s already happening, she says. As dark as it sounds, Austin will never have to go without a job.

"I’ve seen so much of the same thing go on year after year," Austin said. "You just have to take it in stride and keep coming back punching and hitting. That’s just the nature of the beast, the nature of the work that I do. You just have to keep going."

Pedal power

0

›steve@sfbg.com

Hundreds of bicyclists invaded City Hall July 21 to demand safer bike routes and decry new bureaucratic delays in environmental review work on the Bicycle Plan, which a judge said the city must complete before it can make any improvements mentioned in the plan, from new lanes to simple racks (see "Stationary biking," 05/16/07).

But they arrived a couple hours too late to change the tenor of a hearing on another priority for car-free advocates: the Sunday Streets proposal by Mayor Gavin Newsom to close the Embarcadero to cars Aug. 31 and Sept. 14, which is being challenged on procedural and economic grounds by Board of Supervisors President Aaron Peskin and conservative supervisors.

Presentations to the board’s Government Audit and Oversight Committee in support of Sunday Streets were overshadowed by a big turnout of merchants from Pier 39 and Fisherman’s Wharf — who have vociferously opposed the proposal, citing concerns about lost business — and labor leaders, who unexpectedly lent their support to Peskin’s play.

"We just don’t want to have a beta test of a new program on one of the busiest days of the year," said Karen Bell, executive director of the Fisherman’s Wharf Community Benefits District. "People want to drive down the Embarcadero. They don’t want to take side streets."

Advocates of the program are resisting Peskin’s effort to postpone the events until after an economic study can be done.

"Every other city that’s tried this has found it has tremendous economic benefits, as well as tremendous health benefits and social benefits," said Andy Thornley, program director for the San Francisco Bicycle Coalition.

The committee moved Peskin’s resolution to the full board with no recommendation after Sups. Sophie Maxwell and Tom Ammiano voiced support for Sunday Streets. It was set to be heard July 22 after Guardian press time, but Mayor’s Office officials said they intend to hold the events as scheduled no matter what the outcome and work with opponents to ease their concerns.

But most cyclists were focused on the Bike Plan, which might not have final approval until late next year, as an afternoon Land Use Committee hearing called by Sup. Gerardo Sandoval revealed.

Bicycle Advisory Committee member Casey Allen called the delay unacceptable, and said he’s working with others to formally intervene in the case next month, arguing that unsafe conditions are a public health issue demanding immediate action.

"We have to take risks sometimes and challenge the status quo," Allen said. "That’s how we move forward as a society."

For more on both issues, visit www.sfbg.com

High speed rail on track

0

› steve@sfbg.com

It’s crunch time for high speed rail in California, a project 12 years in the planning that will finally go before voters in November, following a controversial July 9 vote in San Francisco on the system’s Bay Area alignment and ongoing political struggles in Sacramento.

As envisioned by project proponents, riders would be able to board the sleek blue-and-gold trains in San Francisco’s remodeled Transbay Terminal and travel at speeds of up to 220 mph down the Peninsula, cutting over Pacheco Pass into the Central Valley, and arriving at Union Station in Los Angeles two hours and 38 minutes later — or continuing on to Anaheim and arriving 20 minutes after that.

The $9.95 billion bond measure, Proposition 1, would cover about a third of the costs for this initial phase (the plan would eventually extend the tracks to run from Sacramento to San Diego), with the balance borne almost equally by the federal government and private investors. With around 100 million passenger trips per year, and LA-SF tickets projected to cost around $60, fiscal studies show the project will more than pay for itself in less than 20 years, then generate about $1 billion a year in profits.

Perhaps most important in these times of heightened environmental concern, the system is now proposed to run entirely on renewable energy sources and would use about onethird of the energy of air travel and one-fifth that of driving, eliminating 18 billion pounds of greenhouse gases from the atmosphere and reducing California’s oil dependence by 22 million barrels per year.

Yet there are still obstacles that could derail high speed rail, which was set in motion in 1996 by then–state senator Quentin Kopp, a San Franciscan and retired judge who chairs the California High Speed Rail Authority (CHSRA).

Critics of the CHSRA’s unanimous vote choosing Pacheco Pass over Altamont Pass are threatening to sue and now have about 30 days to do so. Union Pacific Railroad has complicated the right-of-way acquisition process by claiming it won’t allow the project on its property. And Gov. Arnold Schwarzenegger and his allies have been inconsistent in their support for the project (see "Silver bullet train," 04/17/07).

On top of that, legislation to update the six-year-old language of the bond measure, Assembly Bill 3034, appeared at Guardian press time to have fallen short of winning needed support on the Senate floor before the July 15 deadline set by Secretary of State Debra Bowen. And there was a renewed effort by Republican legislators to try to push the bond measure back to 2010.

Yet for all the challenges the project continues to face, the recent hearings in San Francisco demonstrated that there is a consensus emerging among some of the most powerful political players in the state that California is finally ready to catch up to Europe and Asia and start building the first high speed rail system in the United States.

CHSRA met in San Francisco July 8-9 to take public comment and finalize its last critical decision before the November bond measure — selecting the train’s route through the Bay Area and making the legal and environmental findings to support that decision. The stakes were high as the board weighed whether to select Pacheco Pass or Altamont Pass as the route from the Bay Area to Central Valley.

CHSRA staff and consultants, along with most Bay Area politicians and civic groups, favored Pacheco Pass, which is the faster and cheaper option, and one that doesn’t require a logistically difficult crossing of the San Francisco Bay to reach the Peninsula.

Most environmental groups favored Altamont Pass, which avoids ecologically sensitive Henry Coe State Park and areas where activists feared the rail line might induce urban sprawl or threaten agricultural viability. The conflict seemed intractable just a few months ago, with South Bay politicians threatening to oppose the project if it used Altamont and organizations, including the Sierra Club, threatening litigation if Pacheco was chosen.

But it appears that project proponents have allayed many of the environmentalists’ concerns by eliminating a proposed rail station in Los Banos or Avenal and including strong preservation policies in the project.

"We have worked with as many of these individuals as we could to accommodate their concerns," CHSRA executive director Mehdi Morshed said at the hearing, noting that they’ve done all they could to make changes and still have a sound project. "We can’t deal with the dogma. Some people say you must do this or else, and we can’t deal with that."

After years of studying the options, Morshed said the choice is clear.

"Pacheco is the appropriate corridor for fast intercity rail service," Morshed told the CHSRA board. "Somewhere along the line, we have to decide we’ve studied enough and move on, and this is one of those circumstances."

Most of the dozens of people who spoke at the hearing agreed, including Tim Frank, who represented the Sierra Club of California and praised CHSRA staff for addressing most of the group’s concerns.

"The opportunity to get people out of cars and out of airplanes and get them into steel wheels running on steel track is very important," Frank said, noting that the project was essential to meeting the state’s goals for reducing greenhouse gas emissions.

Yet others are still threatening litigation, among them Oakland attorney Stuart Flashman, who addressed the hearing on behalf of clients that include the Planning and Conservation League, the California Rail Foundation, and the Mountain Lion Foundation. He made a number of technical points about the project’s environmental impact reports, such as the use of alignment corridors rather than more specific routes.

"We find your report completely inadequate," Daniel McNamara, project director for the California Rail Foundation (a train users group), told CHSRA.

After the vote didn’t go his way, Flashman told the Guardian that the coalition he represents will meet soon to decide what’s next. They have 30 days from when the notice of decision was entered July 9 to sue unless the Attorney General’s Office waives the statute of limitations. "We’re going to be considering what to do now, but litigation is certainly on the table," Flashman said.

Whether filed by this group or another entity, the CHSRA has been working closely with Deputy Attorney General Christine Sproul to create a project that will withstand a legal challenge.

"We wanted to make sure that if and when there is a lawsuit — and there probably will be a lawsuit — that we are capable of defending it," Morshed told the board, noting how Sproul was brought in because of her expertise in environmental law.

Before the authority voted, Sproul explained that the environmental documents are for the overall program to build the project and are therefore not as detailed as the specific project studies that will be performed after CHSRA secures specific property to build on.

"Today, before you is really a broad policy choice," she said.

Sproul also said that the project is likely to proceed even if a lawsuit is filed, noting that getting an injunction to stop the project would require the litigants to secure a bond against losses to the state as it pursues this high-dollar project, "which could be millions."

But recent CHSRA actions have appeased many of the would-be plaintiffs and created a project that was effusively praised by stakeholders.

Mayor Gavin Newsom said San Francisco is "very supportive" of the project and will work to make it a reality. "We stand behind your efforts to bring high speed rail to the state of California," Newsom told CHSRA, later adding, "We need to connect the state to itself."

Newsom said San Francisco International Airport officials support the project. While it might seem to be a competitor, Newsom said high speed rail will take some of the pressure off SFO, which would otherwise experience congestion at problematic levels by 2020. Current plans call for a high speed rail station at SFO, as well as one near Palo Alto.

"We recognize that we need to have competitive modes of transportation," Newsom said. "Our airport is very supportive of this effort, and that’s very important."

Board of Supervisors president Aaron Peskin echoed the point, noting that he began his political career as an activist opposed to filling in more of the bay, something an airport expansion would probably require. He told the authority that his board has unanimously endorsed the project.

Jim Lazarus, vice president of the San Francisco Chamber of Commerce, also announced that group’s support for the project, telling the authority that Californians have long been ready for high speed rail: "I think the public is ahead of the politicians in Sacramento on this one."

Many of the speakers spoke knowledgably about high speed rail.

"I’ve ridden on the Japanese Shinkansen and I can’t wait to ride on the first high speed rail system in the United States," said Dean Chu, a commissioner with the Bay Area’s Metropolitan Transportation Commission.

"I’ve been building high speed rail systems for 15 years in Asia and Europe, and I just want to say, ‘It’s about time’," said Robert Doty, the rail operations manager for Caltrain, who has worked in Germany, England, Taiwan, and China.

Echoing that sentiment was Eugene K. Skoropowski, who also worked on high speed rail projects in Europe before taking his current job as managing director for the Capital Corridor Joint Powers Authority: "It’s about time we bring our American firms that have expertise (on building high speed rail systems) back home to work here."

Enthusiastic supporters of the project urged the authority the move quickly.

"We feel a great deal of urgency over this project," said Emily Rusch, a San Francisco–based advocate with the California Public Interest Research Group.

"Everyone I talk to is very excited about the idea," said San Francisco resident Mary Renner. "It’s embarrassing that we’re so far behind the rest of the world, and I just want to tell you the public is supportive of this project."

"Our priority is to get this thing built and get it built quickly," said Dave Snyder, transportation policy director for the San Francisco Planning and Urban Research Association. "Let’s get rolling on high speed rail."

The final step in getting high speed rail ready for the November ballot was to be AB 3034, which sought to update the language and financial oversight provisions of Prop. 1, whose language was written for the election of 2004 before changes in the project.

"I feel good and I’ll feel better when AB 3034 is in appropriate condition," Kopp said after the vote on the Bay Area alignment.

Kopp was critical of Sen. Leland Yee for amending the bill to guarantee the bond money went to the San Francisco to Anaheim section, something Yee said he did to protect San Francisco’s interests but that Kopp felt hurt the measure’s statewide chances. Yet that tiff was overshadowed by the bill’s apparent and unexpected failure in the Senate.

Sen. Mike Machado (D-Stockton) was unhappy with the Pacheco choice and decided to oppose the project, meaning that proponents needed three Republican votes to win the two-thirds needed for passage and only Sen. Abel Maldonado (R-Santa Maria) was willing to cross party lines, Capitol sources told the Guardian.

Secretary of State Debra Bowen had set a deadline of July 15 for substituting the new language in Prop. 1, so at Guardian press time it appeared the old language would remain in place, which Kopp said was acceptable and probably wouldn’t hurt the project.

Meanwhile, a project opponent, Roy Ashburn (R-Bakersfield), sought to kill Prop. 1 by doing what’s known as a "gut and amend" to an unrelated bill, SB 298 by Senate Minority Leader Dave Codgill (R-Modesto), in an attempt to push the bond measure back to 2010.

If he can find the two-thirds vote in both houses — which most sources consider unlikely — it would be the fourth time the bond measure has been delayed. So barring any unusual political deals, the high speed bond measure is still up in November.

If a majority of voters approve Prop. 1, the CHSRA would begin negotiating rights-of-way and working on final technical studies. Construction could begin as early as 2010, although completion could take up to 10 years.

In the meantime, CHSRA unanimously voted to work with regional rail agencies such as BART to create a rail system over Altamont. As Morshed said, "We need to immediately start working on the Altamont corridor and find a solution to that."

Belay that

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› andrea@altsexcolumn.com

Dear Andrea:

Ever since I was nine or so, I’ve had unexplored dominant-role power exchange fantasies. Now they are at odds with my marriage of 20-plus years (my wife isn’t into it) and my worldview/faith. I feel pretty strongly that I’m fooling myself when I think that finding a similarly-situated woman to clandestinely and mutually scratch this itch would somehow be cathartic and result in resolution once and for all, but the fantasy persists. Are these type of fantasies typically lifelong? Do they wane with age?

Love,

Hoping

Dear Hope:

Is it national S-M month or something? Shouldn’t I have been flooded with gay, lesbian, bisexual, transexual, and questioning questions all June instead? I do like a good S-M question, of course. I was just wondering.

I doubt you experienced those childhood urges as "dominant-role power exchange fantasies." I guess, rather, that you really enjoyed playing pirates, but only if you got to tie the prisoners to the mast and do weird stuff to them, and you never wanted to be the prisoner yourself. And eventually your friends got bored or irritated, but you wanted to keep playing. Likewise, I assume that more recently you’ve been doing some reading and now you recognize your youthful leanings for what they may have been: early indicators of later inclinations.

These types of fantasies are fairly likely to be lifelong, but like any other enthusiasm they are apt to wax and wane with the seasons, the hormones, and the circumstances. One of those circumstances may be deprivation, but I have to say that it’s just as likely to be immersion — if sex breeds sex (and it does), then kink no doubt breeds kink as well. Therefore, indulging in online simulacra or other noncorporeal outlets is not necessarily a cure for inappropriate fantasizing. (Hold that thought.)

"Wait," you say. "What’s so inappropriate about S-M fantasies? I thought Andrea was kinda in favor of those?" Maybe I am and maybe I amn’t, but that’s beside the point. It is obvious, given your commitment to your marriage and your wife’s lack of interest, your power-play longings are not doing you any favors, so dwelling on them may not turn out to be very helpful. Individual real-life appropriateness aside, I actually think S-M is morally neutral: great for some people, a bad choice for others, and, as my Hispanophone friend Melissa would say, bla bla y bla.

Now, is it really a bad idea to immerse oneself in S-M fantasies if one will not be indulging them in real life? No, of course it isn’t. If there is one tenet by which all sex educators swear, it is that fantasy is fantasy and reality is reality, and there is no obligation that ever the twain should meet. If, however, the fantasy ignites and will not quiet, and you find yourself spending ever more of your precious waking hours obsessing on it, then cultivating a very rich fantasy life is probably not for you.

Ah, but you didn’t really ask about fantasy. You asked about finding a real person, similarly unfulfilled at home, and embarking on a S-M-only clandestine nonromance. And I say, in the immortal words of Rocky the Flying Squirrel, "That trick never works!"

Is it possible to have a partner with whom one only does S-M, no sex, and with whom one does not fall in love? Emphatically yes. Is it a good idea to do this without one’s spouse’s agreement? Of course not. Add in the special intimacy, false or not, that you and such a partner would likely forge, based largely on the seductive call of "my partner doesn’t understand me," and really, just no. I didn’t miss the part about your worldview and faith being incompatible with acting on any of this, either. Happily you do see that putting yourself through that many uncomfortable and potentially unethical contortions at once can only lead to injury — psychic and possibly otherwise. I think.

I do not believe that acting out a power differential with a fully informed and consenting partner is incompatible with an egalitarian or nonviolent worldview, but if you do, that’s going to be a bad fit. As for not fitting in with your faith, well, I’m unaware of any organized religions except perhaps what a friend once referred to as "Episcopaganism" that expressly embrace kinky sex, but many insist only that you respect your body and your partner’s, an idea that is open to hairsplitting interpretation. You would know best, of course. If what I’m hearing from you is what you meant to present, though, I’d have to say that a moderate amount of (porn-assisted, if you like) fantasy and no real-life contacts will be the healthier choice for you. Finding a girl on the Internet and flogging her? Not gonna help.

Love,

Andrea

Andrea is home with the kids and going stir-crazy. Write her a letter! Ask her a question! Send her your tedious e-mail forwards! On second thought, don’t do that. Just ask her a question.

Nuclear fallout

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› sarah@sfbg.com

As the US Navy prepares to deal with its radioactive past at the Hunters Point Shipyard (HPS) — inviting folks to submit comments by July 28 on its proposed cleanup plan for Parcel B — community members are struggling to understand the threat and its implications.

Bayview–Hunters Point residents and environmental and public health advocates gathered July 8 at City College’s Southeast Community Facility to hear from and question Navy officials, but few came away satisfied. Most expressed doubts about the Navy’s credibility, or confusion about the exact risks to human health and the environment from the plan to clean up radiological, soil, and water contamination.

For the past 25 years, this 59-acre property has housed a colony of artists in the site’s Building 103, in studios rented through the San Francisco Redevelopment Agency. In September the artists will be ejected, either to portables and buildings on the shipyard or to an offsite location, so the Navy can excavate the building’s storm drains and sewers where low levels of radiological contamination have been found.

HPS Base Realignment and Conversion Environmental Coordinator Keith Forman explained at the meeting that when the Navy first presented a cleanup plan for Parcel B in 1997, it had not surveyed for radionuclides, remnants of the shipyard’s military past.

That 2001 survey revealed that there are 14 sites on Parcel B that may have been exposed to radiation, including Building 103. The Navy’s 2004 Historical Radiological Assessment reveals that while Building 103 began as a non-nuclear submarine barracks, Operation Crossroad personnel subsequently used it as a decontamination center after an atomic test went awry in July 1946 in the South Pacific.

In that test, the Navy detonated two bombs the size used on Nagasaki in the lagoon of Bikini Atoll. One bomb, the HRA notes, was an underwater burst called Shot Baker, which "caused a tremendous bubble of water and steam that broke the ocean’s surface."

"Then a huge wave, over 90 feet high … rolled over target and support vessels as well as the islands of the atoll," the HRA records. "Vast quantities of radioactive debris rained down on the target and support ships, islands and lagoon."

Seventy-nine ships were sent to the Navy’s radiological center at Hunters Point Shipyard for decontamination, a site chosen in part because University of California, Berkeley and Stanford University were nearby to support the radiation studies.

The following year, from April through August 1947, the Navy burned 610,000 gallons of radioactively contaminated ship fuel at HPS. Also, workers sandblasting contamination at the shipyard’s dry docks showered in Parcel B’s Building 103, raising the current concern that cesium-137, cobalt-60, plutonium-239, radium-226 (from radioactive decay of uranium-238) and strontium-90 could be present in underground drains and sewers.

The 2004 HRA also identified two plots on Parcel B, IR07 and IR18, as having been used as dumps for radioluminescent devices and possibly more sandblast debris. It also listed a discharge channel between a pump house and Drydock 3 as radiologically impacted.

Currently the Navy is proposing to excavate soil from IR-07 and IR-18, including known mercury and methane spots, and ship it to dumps in Idaho and Utah; fill and seal the suspect discharge channel; cover potentially radiologically impacted soil; and stipulate that these two areas be used as open space in future plans for the base.

The cost of the Navy’s proposed radiological cleanup is $29.6 million. The Navy also proposes spending $13 million on amended soil and sediment cleanup, and $2.7 million on amended groundwater remediation.

Forman told the crowd that the Navy’s old soil remedy was a "bad fit." Excavations were larger than expected, Forman said, and showed no pattern of release. "There was no end in sight for the Navy," Forman said. "It didn’t look as if we were doing what we were meant to do: namely, find Navy-caused spills."

Forman also criticized the Navy’s old groundwater remedy as being "very passive." He proposed a remedy that includes more monitoring along the shoreline and using contaminant-eating bacteria to cleanup groundwater contaminants.

"The old remedy did not consider risks to wildlife and aquatic organisms at the shoreline, whereas the amended remedy will," Forman noted. "It was silent on this issue, yet we know the area has a shoreline."

Ultimately, amending the Navy’s cleanup plan is "about protecting human health and the environment," Forman said.

Green Action’s Marie Harrison was critical of the Navy’s failure to explain the risks in simple terms. "You talked about risk assessment, but you never told us what the risks were," Harrison said. "What is the risk to human life? How is capping going to stop it going into the bay? I’m not a scientist. I don’t have a PhD. I was hoping you were going to give me some kind of knowledge."

Harrison also worried that the Navy was not factoring in the cumulative risks for people living and working in the surrounding community who visit the shoreline to relax. Told that manganese, nickel, and arsenic are present in risky quantities, Harrison was referred to online information at www.bracpmo.navy.mil and to documents housed at the San Francisco’s Main and Third Street libraries.

Other community members criticized the Navy for not doing enough outreach to the Samoans, Latinos, and Asians in the community, and for having taken too long to acknowledge radiological impacts.

"Do you really want us to believe that no one was aware of nuclear waste and spills, given this was a Superfund site?" said Espanola Jackson, a BVHP resident since 1948.

"What I expect you to believe," Forman replied, "is that until 2002, no one who had technical and scientific expertise had looked at the evidence, sifted through history, and done an analysis to put together a radiological assessment."

Jackson also accused the Navy of "fast-tracking the cleanup in order for Lennar to build houses," referring to the efforts of Mayor Gavin Newsom, Speaker of the House Nancy Pelosi, and others to hasten the shipyard’s cleanup and early turnover to the city so the area can be turned into a massive development project pursuant to the voter-approved Prop. G.

"We are not going to accept anything less than total cleanup," Jackson said. "If you have to move that dirty dirt, do it. We need $10 billion. You said $60 million. You can’t even scrape the surface with that amount."

Melanie Kito, the Navy’s lead remedial project manager, replied that the Navy is "chartered to clean up releases of spills from Navy activities. Whatever remedy we put forth, we have to demonstrate that we are protecting human health and the environment."

Kristine Enea, a member of the community-based Restoration Advisory Board, told the Guardian that she felt that the Navy did not do a great job of explaining the risks of contaminants in, say, a major earthquake.

"If there’s an earthquake, would the risk be like getting 10 x-rays at once, or having a three-headed baby?" Enea said.

Pamela Calvert, deputy director of Literacy for Environmental Justice, told the Guardian she’s worried about shipping the contamination elsewhere.

"I’m really concerned that we don’t solve problems in Bayview by creating ones for another community," Calvert said. "It’s best to deal with it here. There is no such thing as ‘away.’ It’s someone else’s backyard."

Saul Bloom, executive director of Arc Ecology, which does contract work for the Redevelopment Agency, said that Calvert’s concerns strengthen the argument for simply capping Parcel B so that the contamination can’t escape rather than removing the material.

Bloom said he blames the Navy’s "incompetence" for the city losing the opportunity to transfer Parcel B early and speed development. "If we’d got rid of Parcel B in 2004, we would have been part of the housing boom, not the housing bust," Bloom said.

He believes the Navy’s proposed plan is acceptable, feasible, and protective, but that "whether it’s the best use given the needs of the BVHP is another debate."

While some residents are arguing for a total excavation of the site down to the sea floor, Bloom disagrees: "I think the covering strategy is a protective solution." He criticized the Navy for only having scheduled 11 days between its July 28 public comment deadline and its final draft, due out August 8.

"I’m concerned about the length of time they’ve allotted for the question that comes up and that no one has the answer to," Bloom said. "I don’t think it is adequate or seemly from a ‘we take your comment seriously’ point of view."

Shipyard artist Rebecca Haseltine, who has rented at Building 103 for 18 years, says that she has consistently trusted Arc Ecology’s advice on the shipyard cleanup. "But I also feel that we still don’t know the half of what happened on the shipyard. The Navy denied that any radioactive material had been used at the base, until a reporter with the SF Weekly published a story about it in 2001."

San Francisco’s undocumented children

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OPINION The recent news stories criticizing the city’s juvenile probation department for sending undocumented children home instead of handing them over to the federal immigration authorities has ignited a firestorm of negative attacks.

However, the stories missed a key fact: the city’s practice of transporting youth home was enacted with the full knowledge and cooperation of the Immigration and Naturalization Service 12 years ago.

San Francisco’s 1989 voter-approved sanctuary law specifically forbids city officials from providing information to federal immigration authorities to aid in deporting noncitizens. While the law does not protect adult felons, it’s silent on the issue of what the city should do with undocumented children after their juvenile cases are concluded.

In 1996 the city’s Juvenile Probation Department drafted a set of policies declaring that undocumented children were entitled to due process of the courts. The policies stipulated that juveniles who wanted to return to their families would be given an airline ticket home after completing their sentences. Children whose families could not be located would be released to halfway homes or foster care, consistent with the way other minors were treated.

In 1993 the INS was sued in the class action suit Flores vs. Reno for unlawfully housing undocumented minors in juvenile correction facilities without access to their families or legal representation. The case settled in 1997 with the INS agreeing that detained children should be placed in the "least restrictive environment," and that every effort would be made to reunite minors with their families.

Prior to the Flores settlement, juvenile probation officials and an attorney for the SF Public Defender’s Office met with representatives from the regional INS office to review San Francisco’s policies.

In 2002 the INS was subsumed by the Department of Homeland Security and became Immigration and Customs Enforcement. While ICE was given the task of prosecuting undocumented children, the Office of Refugee Resettlement, part of the Department of Health and Human Services, was given the responsibility of protecting these children. Unsurprisingly, in the post-Sept. 11 era, ICE took a more aggressive stance against immigrant youth, particularly those involved in the juvenile justice system.

Meanwhile Congress began debating what to do with unaccompanied children who are taken into ICE custody. In 2002, Sen. Dianne Feinstein introduced the Unaccompanied Alien Child Protection Act, stating that "unaccompanied alien minors are among the most vulnerable of the immigrant population." Feinstein noted that "many of these children have entered the country under traumatic circumstances … they are young and alone, subject to abuse and exploitation."

San Francisco’s solution of sending kids home to their families, while imperfect, served at least one purpose: of the seven children represented by my office who were sent home in the last 18 months, none have been rearrested in the United States. San Francisco’s reunification policy was legally justified, fair to youth and their families, and cost-effective.

Jeff Adachi

Jeff Adachi is San Francisco’s public defender.

Red ink stains green rhetoric

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› news@sfbg.com

GREEN CITY Environmentalists are pondering the state’s seemingly schizophrenic approach to fighting climate change after a recent state report encouraging increased use of mass transit came out at the same time that the governor’s budget proposal denies the state’s public transportation fund more than $1 billion.

The California Air Resource Board’s June 26 Draft Scoping Plan to combat global warming, released pursuant to Assembly Bill 32, the California Global Warming Solutions Act of 2006, is at least the second major report this year to recommend expanding public transit. But the governor’s latest spending plan redirects that sizeable chunk of money — gasoline tax revenue that voters who approved Prop. 42 in 2002 directed toward transportation projects and agencies — to help reduce the state’s $17 billion budget deficit.

"There’s a lot of misallocation of resources going on," said Tom Radulovich, executive director of the San Francisco nonprofit Livable Cities. "The governor on the one hand wants to say, ‘You should all ride mass transit.’ But on the other hand, he is taking away [transit] support from the state budget."

The governor’s press secretary, Aaron McLear, said the budget proposal spares transit from cuts faced by other programs during these tough economic times.

"Funding for public transportation stays level in the governor’s budget proposal. That’s in the face of a $17 billion deficit. The fact that it remains level is better than a lot of cuts we’ve had to make," McLear said. "We wish we could increase it, because it certainly is something the governor believes in. But again, the state is facing a $17 billion shortfall. We can only spend the money that we have. There will have to be some tough decisions to be made."

The CARB plan calls for California to lead by example by encouraging state employees to take advantage of public transportation during their commutes. It notes that transportation accounts for 38 percent of California’s greenhouse gas emissions, most of which comes from cars and trucks, and that curbing these emissions is critical to reaching California’s goal of reducing total emissions by 30 percent over the next 12 years.

"Overall I think this is headed in the right direction. For better or worse, this really does put California ahead of any other state if we fully implement this plan. Of course, having a good plan does not guarantee that it will be implemented, but this is a very serious attempt," said Gabriel Metcalf, executive director of the San Francisco Planning and Urban Research Association, of the state’s global warming plan.

Yet he also said that reaching the plan’s ambitious goals for reducing greenhouse gases means people will have to drive less and use transit more, and that local governments will need to stop approving urban sprawl projects.

"The easy answer that most Americans would rather have is to keep driving just as much as always, but have alternative fuels. And that just is not going to work. AB 32 has a major land use change component. Is it enough? No, it is not. But it is at least an acknowledgment of what we have to do," Metcalf said. "Overall I’m pretty impressed, but they’re not proposing enough land use change and they’re not proposing transit funding increases. They are still unwilling to face facts about the role of the automobile and climate change."

Yet instead of increasing funds for mass transit, the governor has redirected billions of public transportation dollars into the general fund, maintaining status quo transit funding in the face of increased gasoline prices and the new climate change mandate. At the same time, billions of dollars have been allocated to highway expansion programs, exacerbating the global warming problem.

"Anybody’s budget should be a reflection of their values, whether it’s an individual or an agency," said Carli Paine, transportation program director for the Transportation and Land Use Coalition. "The state is saying, ‘We value public transportation as a climate friendly choice.’ Yet when it comes to expressing those values in the budget, we say, ‘It doesn’t matter that much,’ so we’re actually undermining those original statements."

The governor’s revised state budget allocated $306 million to the State Transit Assistance Program, the state’s source of funding for mass transit operating costs such as maintenance, drivers, fuel, and mechanics.

This is the same amount that was allocated last year, even though transit ridership is the highest it has been in more than 50 years, according to a June report by the American Public Transportation Association. And factor in that crude oil is about $140 per barrel now compared to about $73 per barrel this time in 2007, according to the Energy Information Administration, a federal agency. "The budget is kicking transit in the teeth when it needs it [money] the most," Radulovich said.

The $306 million allocated to the State Transit Assistance Program comes from funds generated by Prop. 42, the voter-approved gasoline tax measure. But Paine said the STAP should also be entitled to what is called "spillover" money. Spillover refers to additional funds generated when the price of gas rises faster than inflation on other goods, leading to unusually high revenue from the tax.

The governor’s budget predicts $1.77 billion in spillover for the 2008–09 fiscal year, but he decided to put the money toward shrinking the deficit instead of funding public transportation. The current fiscal year was the first time since the proposition passed that the spillover did not go toward public transportation.

Radulovich said he believes the state is hesitant to fund mass transit — even though it recognizes the importance of reducing the number of cars on the road — because building more roads and freeways leads to more expansion and urban sprawl.

"Sprawl makes a lot of people a lot of money," he said, including oil companies, car companies, homebuilders, construction firms, and trucking companies. "These are political questions, not policy questions. The policy answers in many ways are very clear. The question is whether there is the political will to deal with it, and that’s what we’re going to find out."

Radulovich said this reality is why many California business groups support outward expansion and put pressure on the government to fund highways over mass transit. The Bay Area Council, for example, pushed aggressively for highway expansion during the last budget cycle.

Paine said she believes political pressure also comes from structural flaws in the state’s budget system.

"It’s the legacy of Prop. 13, which really froze the income our state received from [property] taxes," she said. "Public entities that are committed to social services, such as education, are still receiving property taxes at levels that are decades behind what they used to be." This puts a strain on the state’s general fund, and money has to be diverted from the mass transit account to relieve the burden generated by California’s low income tax levels, Paine explained.

Paine said a new budget proposal has been submitted to the California legislature that would restore hundreds of millions of dollars to the mass transit account for the 2008-09 fiscal year by generating additional revenue for the general fund. She said that since 2000, more than $3 billion of mass transit money has been redirected to the general fund, and the number will exceed $4 billion if the governor’s current proposal goes through.

"This isn’t just a problem this year — it’s a chronic problem. And public transportation is chronically being leaned on for relief," she said. "It’s just not a sustainable system."

TRANSIT FUNDING 101

Carli Paine of the Transportation and Land Use Coalition explained the finer points of California’s complicated system for funding — or not funding — improvements to the public transit system. Transit’s main account is called the State Transit Assistance Program. This money is flexible, but is mostly used for transit operations (maintenance, operations, fuel, mechanics, drivers, and so forth). Sometimes, though, it is used for capital projects (such as buying new tracks or replacement cars).

The STAP is the largest portion of the public transportation account, and the funding is critical. As Paine put it, "If you can’t even operate the system that you have, it doesn’t help much to have money to lay new tracks." The STAP is therefore often the focus of discussions about transit funding.

Prop. 42, which directs California’s gas tax to transportation projects, funds the STAP, although not all Prop. 42 money goes there. For example, 25 percent of Prop. 42 revenue goes to a special account for transit capital projects.

Prop. 1B is another big source of transit funding. It is the 2006 measure that allowed California to sell $19.9 billion worth of bonds to fund transportation programs. Only about $4 billion of that was allocated to public transportation, with the lion’s share of the money going toward new freeway projects.

This is where things get a little complicated.

California originally had a sales tax on all goods except gasoline. In the 1970s, voters passed Prop. 42, which decided that it would be more equitable to reduce the sales tax rate by a fraction of a percentage point, but expand the sales tax to include gasoline.

This was expected to be revenue-neutral for the state, so it wouldn’t cost people more. That was true unless gas prices rose quicker than the cost of all goods, which it eventually did.

Then-Gov. Ronald Reagan argued that it was important to return the extra revenue to public transportation because when gas prices rise, more people use public transit. As a result, this "spillover" has been set aside for transit expansion.

Last year was the first year in which the spillover was diverted to the general fund instead of being given to the STAP. It was redirected to help close the state deficit, and the 2008–09 budget proposes doing the same thing this fiscal year. (Janna Brancolini)

Editor’s Notes

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› tredmond@sfbg.com

Back in 2001, San Francisco came within 500 votes of approving a public power system in an election marred by lingering evidence of fraud. Ballot boxes were removed from the Department of Elections (under a bizarre, never-documented threat of anthrax poisoning) and box tops were later found floating in the bay. I still think we actually won that election. And it’s hard to see how we could have done it without organized labor.

The Central Labor Council backed public power. Service Employees International Union Local 790 poured resources into it. The labor-environmental coalition that came together around building a city-run system that would rely on clean energy was unprecedented.

Pacific Gas and Electric Co. knows this. That’s why the company is trying mightily to keep labor from backing this year’s Clean Energy Act. And at the center of that battle is Mayor Gavin Newsom’s chief political consultant and close advisor, Eric Jaye.

The Clean Energy Act, as we point out on page 5, would give the city control of its energy future and put San Francisco at the forefront of national efforts to reduce carbon emissions. It also opens the door to public power — and Jaye has been hired by PG&E to try to keep the supervisors from putting it on the ballot, and to defeat it if they do.

He has a powerful weapon to use: labor’s determination to pass a giant bond act to rebuild San Francisco General Hospital.

A billion-dollar bond act is a tough sell, and harder still during a recession. Labor is also making a big push for progressive supervisorial candidates in Districts 1, 3, and 11. And the labor council director, Tim Paulson, tells me that he really wants to keep the city’s disparate and sometimes fractious labor unions united around those goals.

The International Brotherhood of Electrical Workers, PG&E’s union, will oppose any public power measure, any time, no matter what it says, and IBEW walked out of the labor council in 2001 over the issue. Now Jaye is telling labor people that the Clean Energy Act (and other issues that are "crowding" the ballot) may undermine public support for the hospital bond. "I have an early poll showing that these other measures have a negative impact on the hospital," Jaye told me. "I have been pointing to that fact and asking if we really need to do [the Clean Energy Act] this year."

John Whitehurst, who is running the SF General bond campaign, says his polls show that there was no correlation between an affordable housing set-aside measure and the hospital bonds, and presumably the same is true of the Clean Energy Act. On the other hand, he says, "if Jaye runs a campaign that says ‘Gee, the city can’t do anything right,’ it could create problems for the hospital measure."

Would Eric Jaye threaten the SF General bonds (which his client, Gavin Newsom, strongly backs) to keep labor from backing public power? He insisted to me that he would never do that, and that he and the mayor fully back the bonds. But PG&E, I think, cares nothing about the hospital — or the city — and will do whatever it can to scuttle this measure.

So will labor be intimidated by the threat of divisiveness (from the IBEW) and the political scare tactics from PG&E — or will labor leaders tell the mayor to knock it off?