California

In the family way

0

› paulr@sfbg.com
When last I saw John Lombardo, proprietor of Lombardo’s Fine Foods, he was hurrying along the sidewalk outside the windows of his recently expanded Mission Terrace operation — a café now adjoins the catering kitchen — on his way home to … change the baby’s diapers? He had revealed to us his domestic mission, with apologies and having first checked to make sure we were satisfied with our food, and it is some measure of how satisfied we were that I forgot why he said he was rushing forth almost as soon as he’d said why. He vanished with a wave of his hand (the family place is just around the corner), and we waved back before reimmersing ourselves in an evening of home cooking, an orgy of manicotti, macaroni, orzo, and lasagna, all made according to what Lombardo told us were “family recipes.”
Cultural dry rot takes many forms — as we can see just by glancing around us these days — but one of the most insidious of those forms, for me, is the loss of ancient culinary knowledge passed down through generations, until some generation isn’t interested or can’t be bothered, and the chain breaks, the knowledge is lost, people end up ordering boxed pizza or microwaving canned soup in desperation. Some family recipes do get written down, and written recipes are better than nothing, but most of them don’t get written down. There is no better way to learn to cook, moreover, than by watching someone who knows what she or he is doing. Cooking is a sensual experience — it requires the engagement of the senses, all of them — and even the best written recipe can never be much more than a ghostly guide by comparison.
Who taught Lombardo how to cook? He graduated from the California Culinary Academy and has been a professional caterer for more than 20 years, so there we have at least two nonfamilial elements of the answer. But as my companion and I stood at the glass case, pointing at this and that with a question or two, Lombardo’s answers tended to include the phrase “family recipe” with some frequency. An orzo salad ($4), for instance, with julienne red bell pepper, shreds of mint, and crumblings of sheep-milk feta cheese folded into the ricelike pasta, was a family recipe. So was manicotti ($6.50), flaps of pasta like pig’s ears stuffed with herbed ricotta cheese and bathed in a garlicky marinara sauce decorated with basil chiffonade. We mopped up the last of the marinara sauce with chunks of grilled Italian bread.
The lineage of the lasagna ($10) did not come up, but any mother (or father, for that matter) would have been proud to bequeath to later generations the animating combination of beef and fennel-scented sausage at the heart of this classic dish. The addictive roasted red-pepper soup (thickened with potato and laced with sunflower seeds), which appeared as an opening act, wouldn’t be a bad legacy either.
Opinion at our little table (the café is tiny: just a handful of tables, though lots of windows) diverged rather startlingly on the matter of the macaroni and cheese ($8). We have never before disagreed about mac and cheese, have loved every one, fancy or plain, with Gruyère and Emmentaler or jack and American — yet the assessor across the table did not quite care for this version, with its faint, Asiatic breaths of nutmeg, turmeric, and mustard seeds and its vivid yellow color, while I found those effects (apart from the yellow) reminiscent of pastitsio, a traditional and beloved Greek dish. We did agree that the accompanying black-bean chili, with its pipings of crème fraîche, was lovely.
For Lombardo, pasta is very much the motif and casserole the method, but his flavor palettes, while heavily Italian, are not exclusively so. Besides the black-bean chili, there is also a fine turkey enchilada casserole ($9): almost a kind of Mexican lasagna, built on a floor of masa and including roasted poblano peppers, white cheese, a chili-scented tomato sauce, and plenty of turkey meat — stringy but tender, like Thanksgiving leftovers.
And there is life beyond pasta and casseroles: the café also offers a range of grilled panini — slices of grilled Italian country bread enclosing such treats as roast beef ($9). The roast beef sandwich includes caramelized onions, shavings of Gruyère, and smearings of horseradish sauce, with a crouton-rich (and under-anchovied but still quite tasty) Caesar salad on the side.
The front of the tiny house is intermittently overseen by Lombardo’s wife, Gwen, whose presence enhances the family-affair effect. She takes orders, runs the cash register, and serves the food while her husband the chef works behind her in the open kitchen, which occupies the long leg of the L-shaped space. It is possible that she also occasionally dashes home on some child-related errand, but when she is in situ, the Lombardos are not so much a power couple — the Bob and Liddy Dole of food — but joint laborers for love in a field that, while difficult, still makes room for little guys. For the restaurant business remains surprisingly, stubbornly local; yes, there are chains, but the chains tend to remind us of how many places are not chains: are instead unique, are expressions of a single sensibility, or are the product of a determined team that’s found a neighborhood niche. Will Lombardo’s Fine Foods turn out to be life’s pinnacle for John and Gwen Lombardo? The excellence of the orzo salad suggests to me that the answer is no — heights still to be scaled — but in the meantime, home is where the heart is. SFBG
LOMBARDO’S FINE FOODS
Continuous service: Tues.–Fri., 11 a.m.–9 p.m.; Sat., 9 a.m.–9 p.m.
1818 San Jose, SF
(415) 337-9741
www.lombardosfinefoods.com
Beer and wine pending
AE/MC/V
Moderately noisy
Wheelchair accessible

Tidal (public) power

0

EDITORIAL Mayor Gavin Newsom, perhaps looking for a big issue to bring to a star-studded environmental meeting in New York City last week, suddenly discovered the value of tidal energy. There’s actually nothing new about the idea: although Newsom didn’t give anyone but himself credit, the plan was first floated by Matt Gonzalez in the 2003 mayor’s race. It was picked up by Supervisors Jake McGoldrick and Ross Mirkarimi and has been on the agenda at Mirkarimi’s Local Area Formation Committee (LAFCo) for more than a year.
But whatever — if the mayor’s on board, fine. There’s a tremendous amount of potential in the concept — huge amounts of renewable energy with little significant environmental impact (and no greenhouse gases). The technology appears to be available, and there’s every reason for the city to move forward rapidly — as long as the power generator is owned, operated, and totally controlled by the city. And that’s not at all guaranteed.
A pilot project would cost about $10 million — peanuts compared to the revenue potential but a chunk of change nonetheless. Newsom, who is looking for state money, is also considering the possibility of seeking private-sector partnerships. And one company that has its greedy eye on the potential energy in the ocean tides is Pacific Gas and Electric.
PG&E is trying desperately to buff up its tarnished image, spending millions on slick ads promoting itself as a green company. It’s crap: among other things, PG&E still operates a nightmare of a nuclear plant on an earthquake fault in San Luis Obispo and is trying to get the plant’s operating license extended. But environmentalism sells in California, and the state’s largest and most rapacious private utility has no shame.
The San Francisco Chronicle reported Sept. 19 that city officials were negotiating with “a number of companies that could help run the turbines and cover the costs” and added that “Pacific Gas and Electric Company is among them, said Jared Blumenfeld, director of the city’s Department of the Environment.” Blumenfeld told us he was misquoted and that officials are only discussing with PG&E the prospects for connecting to the PG&E-owned grid in the city.
But Blumenfeld explained that a private company called Golden Gate Energy already has a federal license to develop tidal energy in the San Francisco Bay — and PG&E has a stake in that venture. The Golden Gate Energy license expires in 2008, and it’s unlikely the company will be able to start work by then, Blumenfeld said. Given that nobody actually has a working model of a tidal generator of this scale, that’s probably true.
Still, it shows that PG&E isn’t going to give up easily on the idea of owning or running what could be a source of energy that could power a sizable percentage of San Francisco. The reason is obvious: if the city operates the tidal power plant, it will be a huge boost for public power. Between tides, $100 million worth of solar energy that’s in the pipeline, and the Hetch Hetchy dam, San Francisco would come pretty close to generating enough renewable energy to power the whole town — and PG&E could be tossed entirely out of the picture.
Of course, that assumes that the city is serious about creating a full-scale public power system, which involves taking over PG&E’s transmission grid. Newsom says he supports public power. So does Susan Leal, general manager of the San Francisco Public Utilities Commission. But while both are ready to cough up $150,000 for a study into the benefits of tidal power (and a possible $10 million for a pilot project), neither has ever been willing to spend a penny for a study into the costs and benefits of taking over the grid.
Mirkarimi told us that LAFCo will begin hearings on tidal power next month and get to the bottom of what the mayor has in mind. The supervisors should allow no shadow of doubt about the policy for pursing this energy source: it can only be done as part of a larger plan to bring public power to the city — and if PG&E or any other private energy company has even the tip of a finger anywhere near it, the deal is dead in the water. SFBG

Editor’s Notes

0

› tredmond@sfbg.com
So much going on this week: the cops and the San Francisco Police Commission are heading for a battle over secrecy, the cops and the supervisors are headed for a battle over foot patrols — and Mayor Gavin Newsom is heading for a battle with homeless advocates over a new round of sweeps at Golden Gate Park. The mayor and the local gendarmes can’t win any of this without community support and would do far better to stop trying to fight these battles.
Then there’s redevelopment and the city attorney … and we might as well get started:
•The state Supreme Court ruled a couple of weeks ago that all police disciplinary records have to be kept secret. It’s an awful decision, and San Francisco needs to find a way around it if at all possible. Some police commissioners, starting with David Campos, want to do that, but City Attorney Dennis Herrera is interpreting the law very conservatively and not offering the commission a lot of options.
Why not make public all the charges against cops with the individual officers’ names redacted? At least the community would know that some cops are improperly shooting people, giving liquor to minors, beating up people of color, beating up their spouses … and at least we’d all have a way to demand some policy changes. Or why not tell bad cops facing disciplinary hearings that they can plea bargain for a lenient sentence — and waive their rights to privacy — or take their chance in a full commission trial, where they will face termination if they lose? Let’s think here, people: this is too important to just give up. San Franciscans aren’t going to accept a secret police state.
•The mayor and the police chief are still fighting against Sup. Ross Mirkarimi’s plan to put cops on foot in high-crime areas. That’s a loser, Mr. Mayor. Nobody thinks that your current plans are working.
•After visiting Central Park in New York City — which is run by and for a private group of rich people — Newsom has decided to clear all the homeless people out of Golden Gate Park. Let me offer a little reality here: people sleep in the park because they have no place else to go. You cut their welfare payments and let the price of housing skyrocket, this is what you get. Sweep them out and they won’t disappear: they’ll sleep on the streets in the Haight and the Sunset and the Richmond. There’s a great campaign issue.
Besides, Golden Gate Park, homeless and all, is generally a safe, pleasant place, with only minor crime problems. But kids are dying on the streets only a few hundred yards away in the Western Addition. We don’t have enough cops to walk the beat where they could save lives — but we have enough to roust the homeless?
•Herrera, who’s got his hands full of ugly messes this week, tossed a referendum on the Bayview Hunters Point Redevelopment Plan off the ballot because each of the petitions didn’t have the entire plan attached. For the record, the plan is 62 pages. If this is the standard — an entire plan has to be copied and printed with every single petition — then as a practical matter, nobody in California can ever do a referendum on a redevelopment project. I suspect that’s not what Hiram Johnson had mind. SFBG

The people’s program

0

OPINION San Francisco progressives have spent years getting on the political power map. We have achieved amazing victories, such as the 2000 sweep that defeated the Brown machine and ushered in an independent Board of Supervisors. At times we’ve gotten mired in sectarian clashes that have prevented unity around a common vision. However, such obstacles and stumbles have taught us valuable lessons that can be the building blocks for a vibrant people’s movement. To be successful, we progressives need to have a clear vision and to keep asking ourselves questions. What does it mean to be progressive and for progressives to have power? Assuming we all agree that progressive unity is a necessary foundation for social change, what should unity look like today? And if we’re successful at maintaining power, what do we want to look like five and 10 years from now? In the first year following its founding convention and with these questions in mind, the San Francisco Peoples’ Organization (SFPO) has chosen to focus on three issues central to the lives of all San Franciscans — health care, affordable housing, and violence prevention. Over the past year, this fledgling organization has logged a long list of achievements and participated in many exciting causes. The SFPO has: •worked with the Alliance for a Better California to defeat Governor Arnold Schwarzenegger’s special election measures in November 2005; •assisted in the development and passage of Supervisor Tom Ammiano’s Worker Health Care Security Ordinance, creating universal health care for local residents; •advocated for Supervisor Chris Daly’s recently passed legislation to increase mandatory levels of affordable housing in new housing developments; •took a leadership role in uniting communities of color and progressives to fight for Proposition A’s homicide and violence prevention efforts, including a host of new budget initiatives addressing some of the root causes of violence; •launched an e-mail dispatch that reaches over 5,000 constituents and highlights local progressive issues, campaigns, and events; •played an active role in the UNITE-HERE Local 2 contract campaign, attending pickets, planning meetings, and participating in civil disobedience. Part of our effort involves critically analyzing the policy agendas of our elected lawmakers and making recommendations. Mayor Gavin Newsom, through his highly visible work to legalize same-sex marriage, rightfully gained the respect and admiration of progressive San Franciscans. However, same-sex marriage is only one issue; Mayor Newsom should not be given carte blanche among progressives for this single act. The SFPO’s second annual convention will take place Sept. 30 at St. Mary’s Cathedral. Please join us. We cannot wait to work together. The future of our city — who we want to live here, who we want to work here, who we want educated here — is being determined now. SFBG Jane Kim and John Avalos The writers are president and vice president, respectively, of the San Francisco Peoples’ Organization. For more information about the SFPO and the Sept. 30 convention, go to www.sfpeople.org.

Battle for Bayview

0

› steve@sfbg.com
It’s been a week since City Attorney Dennis Herrera invalidated the seemingly successful referendum drive challenging the Bayview Hunters Point Redevelopment Plan, and everyone involved is still wondering what’s next.
Can the biggest redevelopment plan in city history just move forward as if more than 33,000 city residents hadn’t signed petitions asking to vote on it? Legally, that’s where the situation now stands. But even Herrera told the Guardian that the legal question he answered is separate from the policy and political questions.
Should the Board of Supervisors hold a hearing to discuss the controversial issues raised by redevelopment and this referendum? Should it consider repealing the plan and allowing a ballot vote, as some supervisors want?
And if each referendum petition must include a thick stack of all related documents, as Herrera’s opinion indicates, won’t that make it prohibitively expensive for a community group to ever challenge such a complex piece of legislation? Have the citizens in effect lost the constitutional right to force a referendum on a redevelopment plan?
“I can’t speak to what the practical effect will be. I can just tell you what the state of the law is,” Herrera told us, noting that referendum case law clearly indicates that the petitioners should have carried the 62-page redevelopment plan and all supporting documents, not simply the ordinance that approved it.
A “TERRIBLE” DECISION
Four supervisors — Chris Daly, Tom Ammiano, Gerardo Sandoval, and Ross Mirkarimi — voted against the plan in May. All have expressed concern about Herrera’s decision, but none have yet called for a hearing.
“Whether you agree or disagree with this opinion on the validity of the redevelopment referendum, it raises some grave concerns that this process — a democratic, grassroots process — was overturned,” Mirkarimi told us. Daly called the decision “terrible.”
Yet given that they need the support of at least two more supervisors to reconsider the plan, Mirkarimi conceded that the next step will probably have to come from a lawsuit by the petitioners, a move referendum coalition leaders Willie Ratcliff and Brian O’Flynn say they intend to pursue if political pressure fails.
“It’s unclear what the next steps are to dislodge this from the legal shackles that knocked it down,” Mirkarimi said. “Something doesn’t smell right, and it’s difficult to trace the odor completely without the courts getting involved.”
But Ratcliff hasn’t given up on forcing a political solution, which he is pushing through his coalition and the San Francisco Bay View newspaper he publishes. The paper last week ran a story on the decision under the hyperbolic headline “City Hall declares war on Bayview Hunters Point.”
“We’re talking to lawyers, but to us the last resort is going to court. We feel we can pull it off politically,” Ratcliff told us. “What this did really was unite this community. If the city will pull this kind of thing, how are we going to have any faith in this plan? We’re going to flex our power…. People are ready to fight now.”
One gauge of Ratcliff’s support in the community will come on the afternoon of Sept. 27, when he will lead a march and rally on the issue. The event is tied to the 40th anniversary of the so-called Hunters Point Uprising, when a teenager was shot by police and the resulting community backlash was violently quelled using National Guard tanks and police sharpshooters.
“With the 40th anniversary of the Hunters Point Uprising of Sept. 27, 1966, only days away, this sounds like a declaration of war against the same people who protested then and are protesting still against police brutality and for jobs, economic equity and the right to develop our own community and control our own destiny,” Ratcliff wrote in a front page editorial.
Ratcliff told us, “We’re going to have a big march out there to show the city that we oppose this plan.”
THE PLAN IS IN EFFECT
Herrera’s opinion on the referendum was requested by Mayor Gavin Newsom, the San Francisco Redevelopment Agency, Board of Supervisors president Aaron Peskin, and Sup. Sophie Maxwell.
Redevelopment Agency director Marcia Rosen told the Guardian that fears of redevelopment stem from how badly it was handled in the Western Addition in the 1960s, but that the agency and the political climate of the city have changed. She said the agency is approaching Bayview–Hunters Point in an incremental, community-based fashion. She said the plan should go forward and will eventually prove the fears are unfounded.
“The plan was adopted by the board and signed into law by the mayor, and there is no further action needed, so the plan is in effect,” she told us.
Maxwell and Peskin each said they’re inclined to just let the redevelopment plan go into effect, although Peskin said, “I’m not going to stop any supervisor from having a hearing on any subject.”
“It’s important to understand that this plan is a living document, so there will be changes and people talking to each other,” Maxwell told us. “It’s certainly not the end of anything.”
She told the Guardian that the referendum campaign used paid signature gatherers, money from a developer from outside the area, and distorted claims about eminent domain and other aspects of the plan — misrepresentations that signers could have checked if the plan was readily available as legally required.
“The democratic process has to be taken seriously, and democracy is not easy,” Maxwell told us. “The decision was about preserving the democratic process, and people need to have facts at their disposal. There has to be a process and there has to be a standard.”
That’s certainly true — and O’Flynn is a contractor who lives in the Marina. But it’s hard to imagine how carrying around thick stacks of paper filled with complex land-use plans would have made a difference. Most signers would never have stopped to take several hours to read it all.
John Matsusaka, president of the Initiative and Referendum Institute at the University of Southern California School of Law, said that referendum case law has been built around a few courts validating actions by civic officials to strike down citizen movements.
“The sad fact is it looked like elected officials are trying to keep measures off the ballot and looking for ways to support that,” Matsusaka told the Guardian. “Preventing the people from voting is really not going to bring harmony to the community.” SFBG
The Defend Bayview Hunters Point Coalition’s Sept. 27 march begins at 3:30 p.m. at the Walgreens at 5800 Third St. and Williams and continues up Third Street to Palou Street, where there will be a press conference and rally at 4:30 p.m.

Casting off

0

› amanda@sfbg.com
Hornblower Yachts assumed control of the ferry service to Alcatraz Island on Sept. 25. As the new crew cast off the dock lines, spurned union workers — some 30-year veterans with the former contractor, Blue and Gold — rallied with supporters at the entrance, asking passengers not to board the boats.
Two union-friendly visitors from Sydney, Australia, ripped up their tickets and demanded refunds. “We don’t agree with what they’re doing to the workers,” one said, while in the background Supervisors Aaron Peskin and Tom Ammiano took turns with the bullhorn, also offering their support to the workers.
“All of our colleagues on the board are not going to stand for it,” Peskin said to the couple hundred laborers gathered on the sidewalk. “We’re going to stand with you and march with you.”
Terry MacRae, CEO of Hornblower, expressed little concern about the boycotting tourists and the rally at his gate. “I suspect there’s plenty more people who want the tickets if they’re not going to use them,” he told the Guardian. Visits to Alcatraz peak this time of year, with a couple thousand people turned away every day when tickets sell out, according to National Park Service spokesperson Rich Wiedeman.
The NPS decision to grant the lucrative, 10-year contract to Hornblower over Blue and Gold has resulted in more than just what some are calling the largest union layoff in San Francisco waterfront history. The story also has an environmental angle as slick as an oil spill and a nasty landlord-tenant tussle.
“The port and I are extremely concerned with how Hornblower has conducted itself,” City Attorney Dennis Herrera told the Guardian, referring to the company’s artful dodge of city and state permitting processes. “They’ve focused more energy on sidestepping public oversight than complying with it.”
Despite infuriating two leading San Francisco institutions — unions and city planners — MacRae has managed thus far to avoid too much of a stir by keeping another critical local constituency off his back with a well-played “green” card.
THE GREEN MACHINE
When NPS put out a request for proposals in 2004, three companies submitted bids for Alcatraz: Red and White, a local charter and bay cruise company that ran the service when it first started in the ’70s; Blue and Gold, which took over Red and White’s boats and unionized crew in 1994; and Hornblower Cruises and Events, which runs charter and dinner boat cruises from five California ports and is a subsidiary of a larger, $30 million company.
When Brian O’Neill, superintendent of the Golden Gate National Recreation Area, announced last year that Hornblower won the bid, union activists immediately challenged the choice. Mayor Gavin Newsom, Peskin, Rep. Nancy Pelosi, and both of California’s US senators expressed concerns about the decision. Neighborhood group Citizens to Save the Waterfront filed suit. Environmentalists, however, were elated.
For the first time since being passed by Congress in 1998, the Concessions Management Act applied to the bid for Alcatraz. In addition to forbidding the Department of the Interior from favoring incumbent contractors, the act also outlined new criteria for awarding contracts that included a mandate to improve environmental quality in national parklands.
“Bluewater Network has been advocating for more than five years for a solar- and wind-powered ferry for San Francisco Bay,” said Teri Schore, a spokesperson for the local environmental group. She added that diesel vessels in the Bay Area account for more pollution than cars and buses combined. “We’ve been talking to every ferry operator on the bay, and we also knew that the Alcatraz contract was up. We thought it was the perfect application.”
Hornblower’s MacRae wrote a provision into his bid that within two years of taking over the Alcatraz service, the company would build and launch a ferry to run on a combination of solar, wind, and diesel power. After one year of testing the vessel, a second would be built within five years.
That — in combination with a plan to make two initial vessels 90 percent more fuel efficient, as well as implement a clean energy shuttle service on the Embarcadero, power the landing facilities with solar panels, purchase green products, and vend healthy snacks — put Hornblower’s bid over the top.
Wiedeman said all bidders are informed that financial feasibility of the company and potential revenue for the government, as well as environmental and sustainability initiatives, were considered. But some criteria were more weighted than others, and Hornblower ranked strongly on all points.
“We’re ecstatic,” Wiedeman said. “We’re looking at higher-quality visitor services from the get-go.”
But some doubt whether the proposed vessels are anywhere close to a reality. MacRae said a final design and marine contractor have not been selected yet, although Solar Sailor’s model BayTri has been touted. A giant solar-arrayed fin provides auxiliary wind and sun power to the trimaran’s diesel engines. No such vessel has ever been built, but the model is based on a smaller solar ferry that services Sydney Harbor in Australia — with a top speed of just seven knots.
The proposed boat is emissions free and could go 12 knots with the aid of the wind, although it would need a push from auxiliary diesel engines to keep up with Alcatraz’s schedule. Boats now run between 15 and 19 knots.
The other concern is that MacRae’s commitment of $5 million for constructing the 600-passenger vessel might not be enough. The San Francisco Water Transit Authority has been looking into a similar vessel carrying no more than 150 passengers that would cost between $6 and $8 million.
“Their requirements for design are different than what mine would be,” MacRae said. “I think it’s possible to do it for $5 million.”
Bluewater Network founder Russell Long worries that the low-budget cap could hurt the vessel’s environmental potential. “We believe that Hornblower may intend to maintain this budget ceiling even if it compromises other aspects of the design, such as best management practices in regard to environmental components,” he wrote in a letter to NPS, urging reconsideration of the contract.
NPS awarded the contract anyway and Bluewater is hoping for the best.
“We will be watchdogging the progress and keeping track of what’s going on. If it doesn’t happen, it will be a huge black eye for the National Park Service, Hornblower, and the city of San Francisco,” Schore said. “At this point we have faith that it’s going to get built, because it’s in the contract.”
However, Hornblower’s snub toward union contracts and dodgy relations with the city suggest that playing by the rules may not be a top priority for the company.
THE PERFECT TYPO
Since 1974, boats to Alcatraz have run from the Pier 39 area of Fisherman’s Wharf, where waiting ticket holders can indulge in the myriad distractions the tourist hub offers.
MacRae launched his new ferry service from Pier 31, half a mile farther south on the Embarcadero, where he currently leases space and operates a charter and dining cruise business.
Pier 31 is little more than a parking lot with a ramp and floating dock, which only sees about 100,000 people a year, far fewer than the 1.3 million annual passengers Alcatraz draws.
MacRae has attractive plans for a complete overhaul of the area, which would include landscaping and sheltered seating, a bookstore, and an informational center. Such alterations would require a thorough run through the city’s planning process, which MacRae told the NPS he won’t be doing until 12 to 18 months from now.
Instead, interim improvements to the lot were planned, which sparked concern from the city that the sudden increase in foot traffic wouldn’t be properly mitigated. That area of the Embarcadero also hosts 250,000 passengers a year from cruise ships docking at adjacent Pier 35. The Port spent close to $200,000 last year controlling that traffic with signage and police officers. The addition of thousands more visitors streaming down the sidewalks seeking passage to Alcatraz could cause gridlock every time a cruise ship docks.
Monique Moyer, executive director of the port, sent repeated letters over the last year to MacRae asking for clarifications about his plans and expressing concern that the change in use of Pier 31 required a review of existing permits.
She wasn’t alone. On July 31, Citizens to Save the Waterfront filed suit against Hornblower, claiming that the amount of activity at Pier 31 would increase twentyfold. “That represents a substantial change in the intensity of use,” Jon Golinger, a representative from the group, told us.
A change in the intensity of use of a waterfront property triggers the need for a complete environmental impact review (EIR) from the Bay Conservation and Development Commission (BCDC), a state agency with jurisdiction over anything within 100 feet of the shoreline. As many city developers know, EIRs can take many months to consider all potential changes to the existing landscape that the applicant would cause. Delays of that sort could have hindered MacRae’s ability to assume ferry service on the contracted date of Sept. 25.
MacRae said the litigation kept him from divulging to the city his proposed plans for upgrades to the pier.
Just days before the lawsuit was to be argued in San Francisco Superior Court on Sept. 6, BCDC executive director Will Travis sent a letter to Moyer stating that Hornblower’s new service and alterations to Pier 31 did not require any new permits.
He cited a typo from Hornblower’s current BCDC-issued permit as an allowance for the increase in passengers. The permit states that the pier may provide “access to the entire bay via vessel for 200,000 to 5000,000 [sic] people/year.”
He footnoted the quote: “There is clearly a typographical error in the 5000,000 number, which is intended to state the maximum anticipated usage of the dock … the correct number is probably either 500,000 or 5,000,000. While it seems reasonable to believe that the correct number is 500,000, the record contains nothing to substantiate this conclusion.”
Travis also relayed that Hornblower plans to use temporary measures that include trailers with port-a-potties, a portable ticket booth, and hollow traffic barriers for guiding traffic and pedestrians on and off the boat.
Herrera told us that this was the first Moyer had heard of what was planned for the lot and there was concern about how other services in the area and traffic on the Embarcadero would be affected, as well as if any structures, signage, and other enhancements would require additional permits. “It certainly would have been nice if they had shared all these plans so the port could conduct the proper environmental review that we all agree is in order,” he said.
In a strongly worded letter to Travis, Herrera wrote that to allow Hornblower to proceed without any environmental review could violate the California Environmental Quality Act (CEQA) and urged the BCDC to “issue an immediate cease and desist order” to prevent the start of service. Herrera also made the salient point that “the later the environmental review process begins, the more bureaucratic and financial momentum there is behind a proposed project, thus providing a strong incentive to ignore environmental concerns that could be dealt with more easily at an early stage of the project.”
On Sept. 7, BCDC commissioners met in closed session at the end of a four-hour meeting and voted to stand by Travis’s argument.
David Owen, a former Peskin aide who’s also a BCDC commissioner, was one of two abstentions to the otherwise unanimous vote. “It was really frustrating, because it seemed like Hornblower did everything in their power to avoid a permit review,” Owen told us. “Now what? We have a CEQA lawsuit and then the Board of Supervisors shuts down the Alcatraz ferry service? They’ve managed to start up service without acquiring a single permit. Kudos to them for strategy.”
Citizens to Save the Waterfront then dropped its lawsuit, feeling it was weakened by the BCDC decision.
“Essentially, now there’s a turf war between Bush’s park service and the Port of San Francisco,” Golinger said. “BCDC tried to avoid getting involved, but the precedent it sets is horrible. A corporation can come in and skirt any planning process.”
UNION TOWN POLITICS
After scoring the Alcatraz bid, Hornblower sought an exemption to the Service Contract Act of 1965 that would have required MacRae to pay equal to or more than what current crew make. But the Department of Labor ruled Sept. 21 against Hornblower. So veteran Blue and Gold crew have added safety to their concerns.
“I’ve made tens of thousands of landings on Alcatraz Island, and now they have captains who have never been there,” Capt. Andy Miller said. For 17 years, Miller has navigated the busy shipping lanes and the constant summer fog against the tugging tide and the sudden slams of inclement weather to bring tourists, park service staff, and supplies to the island.
“No one’s ever gotten hurt. It’s a very tricky place to land a boat. It takes skill and experience that you can’t just hire off the street,” he said.
Miller said he applied for a job with Hornblower but was not interviewed. So far, no captains and only three ticket agents and a deckhand have been hired from Blue and Gold’s former fleet.
“We have a ready workforce,” Master, Mate, and Pilot union spokesperson Veronica Sanchez said. “They’re going to have to be paid the same wages as union workers at Blue and Gold. They don’t want to be a union shop. Why don’t you want to be a union shop on a union waterfront like San Francisco?”
One reason could be concern that it might bump up costs for Hornblower’s other tour operations. “They want us to agree that if we sign up our workers for Alcatraz, that we won’t organize the dining yachts,” Sanchez said. In 1998, the union attempted to organize Hornblower’s dinner cruise operations in San Francisco but didn’t prevail in a supervised election.
MacRae said he’s not opposed to the unions and he’s encouraged the Blue and Gold staff to apply for jobs. “The unionization is the choice of the workers,” he said. “We try to let the employees make the choices. Last time I checked, that’s who the unions represent.”
“We want to make sure we have the best crew,” he said. “Many of the products and guest services we provide aren’t what Blue and Gold do now.” He added that some current employees from the dining cruises have also been shifted to the Alcatraz route.
“I’ve been here 21 years, and we’ve been replaced by busboys and waiters,” said deckhand Robert Estrada, standing with fellow workers outside the gate of the new Alcatraz ferry service.
Estrada said Hornblower’s reliance on part-time, low-wage workers has earned the company the nickname “the Wal-Mart of the Water.” The company’s rapid expansion, from a two-boat Berkeley-based charter to a multinational fleet with government contracts is a similar characteristic.
Blue and Gold spokesperson Alicia Vargas assured us that the remaining ferry services to Alameda, Angel Island, Oakland, Sausalito, Tiburon, and Vallejo will be solvent, but some of the veteran crew who haven’t been laid off yet are worried this is the beginning of the end.
“The public needs to be warned. If funds don’t come from Alcatraz, Blue and Gold could fold,” said David Heran, an International Boatmen’s Union member and deckhand since 1974 who applied to Hornblower but wasn’t hired. “I’m not ready to retire yet, and this wasn’t the way I was expecting it to happen.” SFBG

Angelides says bring our troops home

0

By Jonathan Beckhardt
Trailing by as much as 20 points in his race for governor, Democrat Phil Angelides has turned to the Iraq War — the issue supposed to galvanize the nation’s left — and made it a state issue by today vowing to “do everything in [his] power” to bring home the approximately 800 California guard troops deployed in Iraq.
“A Governor’s first responsibility is to ensure the safety of the people of California,” Angelides said at a rally at San Francisco State University devoted to the issue. “And a governor cannot do that without a strong National Guard, [which is] our crucial defense against domestic disorder and natural disaster.”
“What does Governor Schwarzenegger say about the pressure the war has put on our precious citizen soldiers, on their readiness for earthquake, flood, or fire?” Angelides said.
Angelides said he will “put in a formal request to President Bush to return our National Guard units” on his first day in office. Then he will “mobilize governors from across this nation to force a change in national policy- so guard units can be used for their intended purpose, not propping up the Bush-Cheney-Rumsfeld excuse for a foreign policy.”
Though not saying what legal options he might be able to exercise, Angelides said he would “take any action, including going to court,” to carry out his pledge.
The new stand differs from the position he took in May, where at a Primary debate he said governors do not have the power over the Pentagon to bring state Guard troops home from war.
According to the California National Guard, the federal government provides about 85 percent of the funding for the National Guard, though this varies according to the amount the Guard is serving the federal government. The guard is under the command of both the state and federal government, though the federal government’s power over the force supersedes the state’s power over the force.
According to the Angelides campaign, 275 Californians have died in Iraq, 21 of whom have been members of the Guard.

Josh’s going-back-to-jail party at Crash

0

On the eve of Josh Wolf going to jail, and on the eve of Chronicle reporters Lance Williams and Mark Fainaru-Wada facing yet another federal decision moving them ever closer to jail, I was honored to be the lead speaker at the fundraiser and going-back-to-jail party for Josh last night at Crash, a club on Mason Street in San Francisco.

I made two major points: first, that this was the only city in the country to my knowledge that had three reporters who were in jail or heading to jail, on orders from Washington, for failing to produce sources and material in federal cases. This was no mistake. This was a direct hit at San Francisco, the country’s leading city for dissent and anti-war movements for decades, and came down directly from the Bush Administration and its PATRIOT Act politics as a way to scare the city and put its dissenters on notice.

My second point was that I was speaking as a member of many journalism organizations (from the Society of Professional Journalists, which has already contributed $30,000 to Josh’s defense, to the California First Amendment Coalition to the California Newspaper Publishers Association to international groups from the InterAmerican Press Association to the World Association of Newspapers to the International Press Institute) and that these professional organizations either are or would be in solidarity on this common ground journalism/public service issue. They could be counted on. But the Josh Wolf case was different because he was a lone freelance video photographer, without a news organization and attorneys behind him, and he looked like easy prey for the local cops and the feds.

That, I noted, was what was so important about the Crash event and the emerging Josh brigade. The event was lively, well attended, lots of fun, and demonstrated that a freelancer who stands tall, as Josh is doing, can build a strong grassroots constituency capable of mobilizing sustained resistance.

The real outrage is that the local cops turned Josh’s case over to the feds and gave them another timely target for Bush in San Francisco. And the cops did so secretly and unilaterally, without going to the mayor, to the supervisors, to the district attorney, to the Police Commission. The cops who are fighting like hell to keep beat patrolmen out of the neighborhoods and were happy to invite the feds to come to town and rough up our press and our public on their behalf. At minimum, that move demands public hearings by the supervisors to determine how this happened and what can be done to see that it never happens again.

Today’s Chronicle blaring front page head said: “SILENCE MEANS PRISON, JUDGE TELLS REPORTERS” No, silence in this case for these three reporters means principle and honor and holding your ground under fire. There is no principle or honor for the people in Washington who are working overtime to put in jail three reporters who were doing their job at this critical moment in the City and County of San Francisco.

City attorney and the cops

0

By Tim Redmond

City Attorney Dennis Herrera released his official opinion on how the Police Commisison has to respond the the utterly horrible California Supreme Court decision on secrecy in police discipline cases. I’m not happy.

I realize that the Supreme Court has spoken on this, and that the city attorney of San Francisco can’t just openly defy the Supremes. But there are some (small) openings in the ruling; among other things, it specifies that records in police discipline cases have to be closed, but pointedly does not address the issue of open hearings. Herrera’s opinion pretty much says there’s not a damn thing the Police Commission can do other than shut down all public access to information about cops who have behaved badly. I like and respect Herrera, but I have to side with Poice Commission vice president David Campos, who told me this afternoon that “if there’s even a small opening, we should try to pursue it.”

Will Herrera fight the cops?

0

By Tim Redmond

The Police Commission held a long, long closed session tonight, and I’m sure they were discussing the big issue of the day — the California Supreme Court decision that the cops insist makes all cases of discipline against peace officers totally secret.

I have no idea how the behind-closed-doors discussion went — but I do know that Commission vice-president David Campos, who is acting as a courageous champion of public access here, told me several days ago that he was going to push his colleagues not to bow down to the police lobby. He wants to keep disciplinary hearings open, to the greatest extent possible. But that will require some courage from CIty Attorney Dennis Herrera, too — the kind of courage Herrera showed in backing the city’s decision to issue same-sex marriage licenses, in defiance of the established legal authorities. There’s a way to do the same thing here — to say that San Francisco will not simply give up on public scrutiny of police misconduct: Keep the hearings open, and force the cops to sue. Then fight them all the way, and try to make better law.

Dennis?

Watch on the Rhine

0

› paulr@sfbg.com
If San Francisco were Europe, Divisadero Street would be the Rhine: the heavily traveled commercial artery that crosses a jigsaw puzzle of (sometimes) quarrelsome fiefs, duchies, and principalities on its way north or south. In this paradigm I make the stretch of Divis from California to Geary, more or less, to be our Alsace-Lorraine, the six-of-one, half-dozen-of-the-other province long the subject of a tug-of-war between greater powers. The contenders across the pond were (and maybe are) Germany and France; over here they are Pacific Heights, land of the rich blond hets, and a confederation of the Lower Haight, NoPa, and parts of the Western Addition — in other words, hipster lands.
Naturally I am not suggesting that Pacific Heights is our Germany; not at all. For some years, the most conspicuous outpost of Marina culture on the nether side of Pacific Heights has been Frankie’s Bohemian Café, a lively simulacrum of some Prague haunt filled with riotous American frat boys who take their Pilsner Urquell by the pitcher. But in recent months there has been southward creep and the establishment of a new outpost: Tortilla Heights, a Mexican restaurant for gringos that opened earlier this spring in the strange space that used to belong to Minerva.
The space is strange — to me — because I can’t quite decide if it more nearly resembles a sound stage or a gymnasium in a public school. If the latter, then the decor is now in the prom-night vein, with some kind of cantina theme: brightly colored lights hanging from the ceiling, booths along the wall sheltered by thatched faux-roofs, and salsa music. The design touches are enough to let you know you are in some kind of Mexican restaurant, but they also have an improvised, portable quality that doesn’t suggest permanence.
And yet … on a recent Saturday night, we found the place pretty well jammed, and it was early. And while the crowd had its share of blonds and fratty types, it also included an elderly couple with their walkers, along with several sets of young mothers whose small children clung to the legs of mommy’s jeans or were stowed under mommy’s arms; it was like a social version of Noah’s ark. There is a chance that this eclectic group was drawn by the restaurant’s witty name — which reminds us, simultaneously, of Tortilla Flats and Pacific Heights — but it is more likely they came for the food, which is surprisingly good. While the menu is very much in the American comfort zone, it includes a variety of regional Mexican dishes, and the kitchen’s preparations are careful and emphasize freshness.
The Yucatecan-style citrus marinade in the grilled citrus chicken burrito ($6.50), for example, is noticeable as both a hint of sweet-sourness in and a tenderizing influence on the poultry flesh. It’s a small detail, but good cooking is nothing but small details. Another such detail is the roasted garlic cream that adds a grace note of luxurious richness to the otherwise virtuous plate of Cabo-style fish tacos ($11), a troika of warm white-corn tortillas stuffed with grilled white fish and shredded cabbage.
A larger detail is that the bigger plates do not come larded with huge scoops of rice and beans — starch that most of us really don’t need, especially if we have stuffed ourselves with complimentary chips and salsa while waiting for the show to begin. (Tortilla Heights, not surprisingly, is swift and generous in replenishing the chips bowl; the salsa was pleasantly fiery on one visit, undersalted on another.) Big blobs of beans and rice do have a way of furnishing a platter, but when they aren’t there, it’s easier to see the dish you actually ordered: an Oaxacan tostada ($11), say, with a heap of wonderfully tender carnitas (along with cilantro-lime cabbage and shavings of parmesan cheese) atop a pair of crisped corn tortillas. Or the blue-corn enchiladas ($12) filled with grilled chicken and topped with melted white cheese and a tart tomatillo salsa.
My friend the cheddarhead, a reliable lover of all things cheesy, did not like the queso chorizo ($5), a small tub of melted mixed cheeses laced with chunks of chili sausage and strips of green chile. The cheese did have a certain Velveeta quality, but it was just the right consistency for dipping surplus chips into. The guacamole ($5), meanwhile, was mainstream but beautifully made, with fresh avocados still chunky from not being overmashed and a good jolt of lime juice for mood lighting. The cheddarhead lodged no complaints.
The contemplation of desserts in Mexican restaurants is usually a perfunctory business. You have flan, and maybe something else. At Tortilla Heights, the dessert menu is characteristically brief, but it does contain one extraordinary item: the churros ($4), a half dozen or so ridged torpedoes of cinnamon-dusted, deep-fried pastry, about the size of medium zucchini, with a ramekin of caramel sauce for dipping them in. The sauce is good, but if it weren’t there you probably wouldn’t miss it, because the churros are sufficient unto themselves: a divine combination of crunchy and tender, sweet but not too sweet, an exotic whisper of cinnamon, and — yes — the fattiness that makes pastry, pastry, particularly if deep-fried. You might well feel uneasy, maybe even guilty, about enjoying them so much, but don’t worry — you had the fish tacos and didn’t like the queso, so you’ll be OK. SFBG
TORTILLA HEIGHTS
Continuous service: Tues.–Sun., 11–2 a.m.
1750 Divisadero, SF
(415) 346-4531
www.tortillaheights.com
Full bar
AE/MC/V
Noisy
Wheelchair accessible

A vote on Oak to Ninth

0

In just 30 days, the Oak to Ninth Referendum Committee collected the signatures of 25,068 Oakland residents who want a chance to vote on a massive development project that would bring 31,000 new homes to the Oakland waterfront. But the matter may never be on the ballot: on Sept. 6, Oakland City Attorney John Russo directed the city clerk to invalidate the petition because it didn’t conform to the requirements of state election law.
It’s likely that from a legal standpoint Russo’s determination is correct. Nevertheless, the decision exposes flaws in California’s election system that the state legislature should fix. In the shorter term, the Oakland City Council ought to recognize that there’s strong public sentiment for a referendum on the project and put Oak to Ninth before the voters.
It’s tough to force a referendum vote on an act of local government: you need to gather a significant number of signatures within 30 days of the passage of the bill — and there are no second chances. If the petition doesn’t meet every possible legal standard — and the standards are high, the rules complex — then the referendum is dead forever.
Erica Harrold, communications director for Russo’s office, told us she sympathized with the plight of Oak to Ninth foes and acknowledged that the current rules applying to referendum petitions are “draconian.” Russo, she said, is seeking reforms to the current system, including establishment of a new rule that would not start the 30-day period until the city provides a certified final version of an ordinance to petition sponsors. That was a key issue in this conflict: the Oak to Ninth Referendum Committee apparently had to rush to gather signatures to meet the deadline and for various reasons did not submit the version of the ordinance that Russo and the City Council consider the final draft (additionally, the committee did not include certain attachments to the ordinance that the City Attorney’s Office says were required).
The legislature should follow Russo’s suggestion and change the deadlines. It should also consider allowing petition sponsors to cure unintentional defects in their petitions.
State legislative reform can’t come quickly enough to remedy the current situation involving the Oak to Ninth petition. But the City Council can still act: it’s well within the authority of local officials to simply acknowledge the public interest in (and demand for) a citywide vote on a project that will change Oakland forever — and place the entire matter on next June’s ballot.
There’s no rush to break ground here — in fact, we’ve long argued that the project shouldn’t have final approval until the incoming mayor, Ron Dellums (who has expressed real concerns with the deal), takes office. Legal technicalities aside, the bottom line is simple: Oakland residents deserve a chance to be heard on Oak to Ninth. SFBG
PS Stop the presses: on Sept. 19, San Francisco City Attorney Dennis Herrera ruled that petitions demanding a vote on the redevelopment plan for Bayview–Hunters Point were invalid — on a legal technicality similar to the one that undermined the Oakland petitions. Again, Herrera may well be legally correct (and we’re under no illusions here — the referendum was financed in part by a private housing developer) — but when in doubt, the desire of the voters to weigh in on an issue should be paramount. The supervisors should determine whether it’s possible to put this plan on the ballot anyway.

Discovering the formula

0

› amanda@sfbg.com
San Francisco has a thing for local businesses. From Chinatown to Hayes Valley, the dozens of distinctive neighborhoods that constitute this city have for the most part maintained their individuality with one-of-a-kind, locally owned places to shop, snack, and seek services.
While many cities and small towns across the country have succumbed to the sprawl and homogeneity of chain stores, some have resisted, even in the face of lawsuits and wily campaigning from megaretailers. Big corporations including Wal-Mart, Home Depot, and Target are combating restrictive municipal legislation with their money, pouring millions into local political races and flying in paid signature gatherers for ballot referenda.
“They’re spending $100 per vote in some cases,” Stacy Mitchell told the Guardian. Mitchell is the author of Big-Box Swindle and a senior researcher for the New Rules Project, a subsidiary of the Institute of Local Self-Reliance, which tracks legislation against formula retail.
“They’re getting mixed results,” she said, which means sometimes the big boys lose, like in the multiyear battle with Inglewood that sent Wal-Mart walking. But more often than not, the formula retailers win.
Take Chicago as a recent example: Mayor Richard Daley overrode city councilors and issued his first veto in 17 years, against legislation that would have required large retailers to pay a living wage to employees. Councilors hoped to trump the mayor with another vote, but at the last minute three councilors switched positions to side with Daley.
“I still don’t understand how it happened,” said SF supervisor Tom Ammiano, who flew into Chicago to speak in favor of the legislation. He told us the city was behind it, though opponents were arguing that low-income people needed the option to work and shop at Wal-Mart and it was discriminatory to not allow the store to move into the city. “They played the race card. It was obvious they were people on [Wal-Mart’s] payroll.”
In the week since the veto, Wal-Mart has already swooped in with several site proposals for the first 20-acre megamart in Chicago. It’s stated an eventual goal of building 20 stores in the Windy City. Could Wal-Mart spite San Francisco just like it did Chicago?
Since 2004, San Francisco has operated with the Formula Retail Ordinance, designed to preserve “the city’s goal of a diverse retail base.” This isn’t an outright ban, but it makes the application and review process more arduous for formula retail. The ordinance defines formula retail as any chain with 11 or more outlets that offer standardized services or mimic one another in decor, architecture, and practices (like Starbucks, the Gap, and Wal-Mart, to name an infamous few).
The relevant legislation, Section 703.3 of the Planning Code, reads like it was penned by a Norman Rockwell acolyte and cites such businesses as generally undesirable, granting neighborhoods the right to be notified of potential chain store proposals. While the legislation allows neighborhoods to create their own stricter legislation, it also grants them the right to accept a chain into the fold, which is a pretty big loophole.
So far, most neighborhoods haven’t been welcoming. A battle in North Beach over Home Depot resulted in an outright ban of all formula retail in the neighborhood. Hayes Valley followed suit. Conditional use permits in western SoMa, Cole Valley, and Divisadero from Haight to Turk add an extra layer of scrutiny to the planning process when a Starbucks or Target want to set up shop. Potrero Hill–Showplace Square is the next in the trend, with a 12-month interim conditional-use period and a more permanent restriction on the way. That restriction was introduced by Sup. Sophie Maxwell, approved by the Land Use and Economic Development Committee, and headed to the full Board of Supervisors for initial approval Sept. 19 after Guardian press time.
Maxwell’s legislation could become moot this November if voters approve Proposition G, the Small Business Protection Act, which would extend conditional-use permitting to the entire city, making any proposal from a chain store subject to public hearings and an arduous Environmental Impact Review at the expense of the applicant, not the city.
Dozens of counties and municipalities have enacted similar ordinances around the country in response to the track records of megaretailers. Public criticism is mounting against corporations such as Wal-Mart and Home Depot for drawing the shopping masses by reducing prices to quash smaller competitors and for pulling profits out of communities instead of keeping them local, as small businesses tend to do.
But the chain stores aren’t just rolling over.
“It’s happening in enough places that it’s reached a point where they’re feeling nervous about how it’s affecting their growth,” Mitchell said about the retail giants. Her organization has been assisting communities for several years in drafting legislation against formula retail and is seeing some of that legislation undercut by voracious chain stores. Wal-Mart, the most notorious foe, dumps thousands of dollars into local election races. The tactic is especially evident in California.
“Wal-Mart spends more in California than anywhere,” said Nu Wexler, spokesperson for Wal-Mart Watch, a Washington-based organization with hawk eyes on the company. “They have active lobbying in all 50 states, but California is a particularly important market for them.”
He attributes that to the state’s status as the sixth-largest economy in the world. In 2002, Wal-Mart promised to open 40 supercenters in the state within four to six years. As of October 2005, only six had been opened. “They’re fighting expansion battles all over the country, but they’re having an especially difficult time in California,” Wexler said. Inglewood, Turlock, and Hercules have all recently dodged Wal-Mart.
But several other cities have not, despite protective measures, and in the last year 12 more supercenters have opened in California, bringing the grand total to 19.
Contra Costa County, apropos of no immediate threat, passed a 2003 ordinance prohibiting “big box” stores over 90,000 square feet. In response, Wal-Mart dumped more than $1.5 million campaigning for a measure overriding the ordinance on the next available ballot. In 2004, the ordinance was overturned by 54 percent of voters.
Four years of fighting in Rosemead resulted in two city council shake-ups, with a recall election of two council members set to be decided this week; a possible Brown Act violation when city officials approved a permit for Wal-Mart during a meeting when it wasn’t on the agenda; and multiple lawsuits from both sides. Wal-Mart spent $200,000 campaigning and dropped another $100,000 in local charities to spread some good cheer. It worked: doors opened at a new supercenter Sept. 18.
Last August, a Wal-Mart opened just across the bay in Oakland even though the city already had a ban on big-box retail larger than 2.5 acres. Spurning the city’s provincial laws, Wal-Mart found real estate regulated by the Port of Oakland — which, similar to San Francisco’s port, is outside the city’s jurisdiction and not subject to local ordinances.
“It was passed in a backroom deal with the port before the city could have any public hearings,” said Adam Gold, a spokesperson from Just Cause Oakland, a local group that opposed the store. “It made it difficult to resist it. It had already been approved.”
At the state level, Governor Arnold Schwarzenegger recently vetoed Senate Bill 1414, introduced by San Francisco’s state senator Carol Migden, which would have required employers with more than 10,000 workers to put 8 percent of total wages toward health care. Not a surprise: Wal-Mart’s Walton family dropped more than half a million dollars into electing the governor, with a most timely donation of $250,000 last year on the very day he vetoed legislation aimed at Wal-Mart that would have required businesses to disclose when employees use public health care services.
Two other bills, SB1523, requiring environmental impact reports and public hearings for the construction of stores larger than 100,000 square feet, and SB1818, allowing cities to recover legal fees when sued by big-box retailers, sailed through the legislature but are currently festering on the governor’s desk.
Is it all enough to protect San Francisco? Can the city keep mom and pop on the corners and resist the commercialism that has made a city like Emeryville the mall that it is today?
Maxwell, who pushed the recent legislation for Showplace Square and Potrero Hill, hopes so. “I’d rather have the position of them on the offense than the defense,” she said of potential retail applicants. When asked if the city codes are strict enough, she said, “If not, I’d be willing to put forth the legislation that is.”
As for the idea of Wal-Mart coming to town, the District 10 supervisor was nothing if not firm: “No, no way. Not in San Francisco.” SFBG

Live bait

0

› kimberly@sfbg.com
Sneak a peak at the California Cereals factory — a gray, boxy concrete sprawl looming over an otherwise peaceful West Oakland neighborhood lined with wood frame houses and a sugary spray of Victorians — and you immediately expect that mulchy aroma of processed wheat products to assault the senses. So why do you detect … barbecuing oysters? But that’s the overriding scent du jour — and the improvisatory, fly-by-the-seat-of-your-fun nature of the Cereal Factory, one of many unpermitted party outposts where the city’s rock, improv, noise, and punk scenes have survived and even thrived in the Bay Area despite fin de siècle real estate insanity, party-killing neighbors, and ticket-threatening cops.
Scruffy, T-shirted kids lounge on the front steps of Jason Smith’s two-story home, dubbed the Cereal Factory for the genuine, sugar-coated article churning out Fruity Pebbles and generic raisin bran across the street. Down a side path, in the small backyard, music scenesters, fans, punks, indie rockers, and cool dudes mingle on the grass and down the canned beer and grillables they’ve brought as CF housemate Daniel Martins of Battleship throws more oysters on the barbie. Double back, and in the basement you find a dark, humid, tiki-embellished crash pad, not uncomfortably crammed with bodies shaking to Italian punk-noise band Dada Swing. Or you catch Bananas, Mika Miko, or Chow Nasty killing the rest of the early evening for gas money.
“My whole thing is to make it free, make it so that people can go to it,” the extremely good-natured Smith says much later. “If there’s a touring band, I always run around with a hat and kind of strong-arm people into coughing up some change or a couple bucks to give them some gas, but otherwise the bands all play here for free. I just provide the coals, and I buy two cases of beer for the bands.” As for the oysters, he adds, “shit like that happens! People are just, like, ‘I caught this huge fish — let’s smoke it.’”
Smith is one of the proud, brave, and reckless few who have turned their homes into unofficial party headquarters, underground live music venues. San Francisco and Oakland are riddled with such weekly, biweekly, and even more sporadic venues — some named and some known by nothing more than an address. But oh, what names: Pubis Noir, 5lowershop, an Undisclosed Location, Club Hot, Noodle Factory, Ptomaine Temple, and the Hazmat House. Some, like the Cereal Factory, are only active during the summer barbecue season; others, like LoBot Gallery, host shows and art exhibits year-round. Why go through the headache of opening your home up to a bunch of hard-partying strangers, music lovers, and the occasional psycho who trashes your bathroom? Some, such as Oakland’s French Fry Factory, have bitten the dust after being busted for allegedly selling beer at shows. Others, such as 40th Street Warehouse and Grandma’s House, have bowed to pressures external (neighbors, landlords) and internal (warehousemates), respectively. Why do we care?
CULTIVATING NEW AND UNDERSERVED SCENES
The Clit Stop can take credit for being one of the first venues in San Francisco to dream up the now-familiar cocktail of noise, indie rock, jazz, and improv. Ex-Crack: We Are Rock and Big Techno Werewolves mastermind Eric Bauer and Bran Pos brain Jake Rodriguez began booking shows in 1998 in Bauer’s 58 Tehama space, once dubbed Gallery Oh Boy. Shows began on time at 8 or 9 p.m. so that East Bay listeners could BART back before midnight, and as a result Bauer and Rodriguez would often open, under assorted monikers. A May 2000 lineup at the Clit Stop (named after Bauer’s band Planet Size: Clit by Caroliner’s Grux) combined scree-kabukists Rubber O Cement with improv rockers Gang Wizard, indies Minmae, and Bauer’s dada-noise Aerobics King; another bill matched the angsty indie-electronica of Casiotone for the Painfully Alone with the noise-guitar-funk of Open City and the jazz sax of Tony Bevan. The common thread? The fact that Bauer and Rodriguez both liked them. “It was kind of hard sometimes,” Bauer says today. “We got requests from tons of shitty bands, and it was, like, ‘No, no, we don’t like you guys.’”
A year after Clit Stop began, Kimo’s started showcasing the same combination of rock and noise characterized by such varied Clit Stop players as Cock ESP, No Neck Blues Band, and Nautical Almanac — a mix that has filtered to the Hemlock Tavern and 21 Grand and into the sounds emerging from Bay Area bands like Deerhoof, Total Shutdown, and the pre–Yellow Swans group Boxleitner, all of whom played the Clit. “The weirder and more fucked up, the better,” Bauer continues. “We wanted to push boundaries — we wanted to annoy people.” Bauer moved out in 2000, leaving Rodriguez to continue to book shows at the venue under, Bauer says, the name Hot Rodney’s Bar and Grill. Bauer went on to put on the first noise-pancake shows with ex–Church Police member and Bauer’s Godwaffle Noise Pancakes co-overlord Bruce Gauld at Pubis Noir, a former sweatshop at 16th Street and Mission. Gauld is expected to put out a DVD of Clit Stop performances this year.
GIVING UNDER-21 KIDS ACCESS TO CHEAP ART
“The cheapness factor is a huge part,” says Cansafis Foote, sax player for the No Doctors. “In Oakland right now, you have a lot of kids who are trying to make a go at being an artist or being a musician or whatever, and almost all of them are broke. But they’re all really excited about people making stuff, so they’ll go to Art Murmurs on the first Friday of the month or they’ll go to warehouse shows, and maybe at the end of the day they won’t have any money in their pocket — and we’re still going to let ’em in to see the show. That, or they’re underage.”
An improv seminar leader at Northwestern University and onetime music teacher in Chicago, Foote was accustomed to instigating music- and merrymaking when he took the lease in February 2005 at Grandma’s House in Oakland. “Everything was kind of funneling out of that experience and just having the background with Freedom From [the label the No Doctors ran with Matthew St. Germain] and free exploratory music.” Grandma’s House had already been putting on shows in the massive warehouse it shared with Limnal Gallery (and at one time the Spazz collective), and Foote threw his energy into doing two to three shows a month — including performances by Sightings, Burmese, Hustler White, Saccharine Trust, and Warhammer 48K — until March, when, he says, an especially loud show by USA Is a Monster brought the police on a noise complaint. Foote, a.k.a. Grandpa, was already bummed because housemates who had initially said they’d help with shows “totally weren’t coming through on that. So I was sitting in my car and watching the gate while everyone was watching the show and I was, like, ‘What’s the point of doing this? I don’t even get to see the show.’ So I took a ladder and put it outside the window. I thought it was fun too, because it was like a clubhouse and people could come up the ladder and through the window into Grandma’s House, and then the cops came, and one told me they’d unlock the seventh door to hell if I did it again.
“I was actually kind of excited — should I allow him to unlock the seventh door to hell for me? Is there going to be a special fire-breathing dragon there for me? It was amazing. It’s, like, ‘Dude, there’s some 16-year-old kid who’s going to shoot some other 16-year-old kid down the street — go deal with him.’”
The next show was the deal breaker: police returned twice to open that door as a brouhaha broke out at a Grey Daturas show between audience members and various warehousemates. Warehouse denizens put pressure on Foote to halt the shows, and now he’s moving out: “It was the only reason I was living there. It’s not real glamorous to be living in a warehouse with little mice and weird bugs in the summer.”
BRINGING ART, THEATER, MUSIC — AND STRAIGHT-EDGED VEGETARIANS TOGETHER
House-party spaces have come and gone, but one of the saddest passings had to be 40th Street Warehouse in Oakland, which put on rock, folk, and hip-hop shows, queer cabaret, and art events from 1996 until the collective shuttered last winter with a last loud musical blowout (This Bike Is a Pipe Bomb headlined) and a commemorative zine. From Monument to Masses guitarist Matthew Solberg lived there for three years and recalls that the onetime auto mechanic shop’s shows were initially started by members of the experimental Noisegate.
By 2003, Solberg says the Temescal space was putting on shows, plays, or benefits every weekend, with an emphasis on rock and metal: Parts and Labor, Tyondai Braxton, High on Fire, Ludicra, Merzbow, Masonna, Melt Banana, a Minor Forest, Lesser, Curtains, Neon Hunk, Hair Police, Deep Dickollective, Thrones, X27, Soophie Nun Squad, Toychestra, 25 Suaves, Monitor Bats, the Intima, Lowdown, the Coachwhips, Hammers of Misfortune, the Vanishing, Mirah, Gravy Train!!!!, Eskapo, and Microphones (last on the Microphones bill, beneath Loch Nest Dumpster, is Devendra Banhart, described as “acoustic ardor from San Francisco’s shyist [sic]”), with bands like Numbers getting a running start with multiple performances there.
The schedule, however, took its toll. “People would move into the warehouse and be really stoked to have that autonomous space, but they didn’t really know what they were getting into. They usually lasted six months, and then they’d be, like, ‘I can’t stand this anymore!’” Solberg says. “But certain people adapted because they were passionate about being able to create that sort of space and making it work: a DIY show space where 100 percent of proceeds went to the bands — and obviously, we’d cover some expenses, like electrical and providing food for the bands. But apart from that, the house didn’t take any money. It was all done out of, I dunno, community service.”
The collective itself got a reputation as a straight-edged vegan cabal that forbade hard drugs and meat in the fridge that sat on the outskirts of the barnlike communal show space. “We didn’t want to succumb to the crash pad–flophouse thing,” Solberg explains. “We just wanted to preserve sanity.”
All that came to an end when in 2004 the Oakland City Council passed the Nuisance Eviction Ordinance, which took aim at crack houses but covered “noise” as a reason for eviction. “The people at 40th Street all believed that was the reason we got so much police attention the last year we were there,” Solberg says. After joining his fellow tenants in a winning fight against their landlord, who had given them a month’s eviction notice in order to convert the space to condos, Solberg moved to Ptomaine Temple, which continues to stage experimental noise shows.
BACK AT THE FACTORY
And despite the rewards, good times, and appreciative bands that get play and earn gas money to their next show, shutdowns are still a threat, casting a shadow even over spots like the Smith-owned Cereal Factory. After a neighbor began objecting last year to the soused kids milling in the street and lined up out the Factory’s front door to go to the bathroom, the Mothballs drummer slowed the shows, built a discreet bathroom in the basement, and then carefully began the music once more. Why bother? The chuckle-prone Smith, who works in the live-music department at KALX, bought the house with the intention of having shows. “At the risk of sounding like a stupid hippie, I think it’s important to contribute things,” he says before the last show of summer 2006 on Sept. 16, with Them There Skies, Sandycoates, and Dreamdate.
This last show likely went off smoothly: the model property owner checked in with his neighbors that evening during his walk home. “I said, ‘Donny, we’re having a barbecue show this Saturday.’ And he said, ‘OK, OK, baby, you’re cool. You’re cool.’ I’m hoping to have everything done by 9 o’clock, and that’s pretty tame on a Saturday night,” Smith explains. It’s guaranteed there won’t be any problem on at least one side of his summer house party — “there’s this Argentinean woman named Pepper and she’s fucking awesome. She’ll be, ‘Aw, yeah, it better be fucking loud because that’s how I know you’re having a good time. You gotta live life!’ SFBG

One strike and you’re out

0

recklessboxweb.jpg

DVD available from Choices Video.

My introduction to director William Gazecki came with his 1997 debut, the Oscar-nominated doc Waco: The Rules of Engagement. I distinctly remember sitting alone at the Red Vic, my jaw on the floor, watching the damning footage he’d unearthed solve the riddle of who fired first (’twas our government, not the Branch Davidians). In 2002, he released Crop Circles: Quest for Truth, which happened to come out the same year as Signs, marking some kind of crop-circle zeitgeist that may or may not have been informed by occupants of inteplanetary craft. (The doc — which was not nearly as well-received as Waco — doesn’t prove it either way, alas).

Between this pair of films, in 2000, Gazecki released Reckless Indifference, newly available on DVD. The doc recounts the 1995 crime that’s been held as an example of what’s wrong with California’s felony murder rule. (Read CBS News’ take on the case here.) Picture a Larry Clark-directed episode of American Justice, and you’ll get a feel for the cast of very real characters: a teenage drug dealer who operated out of a backyard “fort;” a gaggle of middle-class white kids whose suburban boredom inspired them to drink and commit mean-spirited pranks; and parents who took an interest only when it was far too late.

WEDNESDAY

0

Sept. 13

Music

Oliver Mtukudzi

Ah, the power of the juxtaposition: a shaft of sunlight thrown against a patch of darkness; an instant of pure breathless beauty amid the grit and the grime of a humdrum day; a moment of clarity in the middle of swirling chaos. When touched by the thoughtful hands of a great artist, these juxtapositions leave us knocked out but wanting more every time. Zimbabwean singer-songwriter Oliver Mtukudzi is such an artist. With startling contrasts of raw, aching vocals against frequently breezy, lighthearted instrumentation, Mtukudzi’s songs address such heady topics as poverty, sexism, and the African AIDS crisis while lulling listeners with gently rollicking grooves, and the result is nothing short of mesmerizing. (Todd Lavoie)

8 and 10 p.m.
Yoshi’s
510 Embarcadero West, Oakland
$24
(510) 238-9200
www.yoshis.com

Discussion

Free minds

Attend a UC Berkeley panel discussion on national security, intellectual freedom, and constitutional rights in the post-Sept. 11 era moderated by Tom Leonard of the Graduate School of Journalism. Panelists include Michael Nacht, dean of the Goldman School of Public Policy; Tom Campbell, dean of the Haas School of Business and former California state senator and US representative; and Professor Tom Goldstein, director of the Mass Communications Program. (Deborah Giattina)

6:30-8 p.m.
UC Berkeley
Free Speech Movement Café
Moffitt Undergraduate Library
Near University and Hearst, Berk.
Free
(510) 642-8197

California’s secret police

0

EDITORIAL If a doctor does something really terrible and is suspended from the practice of medicine, the record is public: anyone — a potential future patient, for example — can check with the medical licensing board and find out what happened. Same goes for lawyers — discipline cases are not only public, but the legal papers routinely publish the details of the charges and the state bar association’s decisions. Judges? Same deal. Even the Pentagon, which is not known for its interest in sunshine, makes public the charges against soldiers accused of vioutf8g the Uniform Code of Military Justice.
That’s the way it should be: people who have tremendous power over the lives of others ought to be held accountable to the public.
But last week, the California Supreme Court issued one of the most disturbing decisions in years, ruling 6–1 that police disciplinary records must be for the most part secret.
The impact is so far-reaching it’s hard to fathom. As G.W. Schulz reports on page 15, it’s entirely possible that under this new standard, key details in some of the most important police-abuse cases of the past decade — from the so-called riders in Oakland to the Ramparts scandal in Los Angeles and Fajitagate in San Francisco — would have been kept under wraps. Under the broadest possible interpretation, the public will never know the names of the cops who break the law under color of authority, the bad actors who beat people up, harass (and sometimes assault) women, steal, lie, forge reports, frame suspects, fire their weapons without case, and — all too often — kill people without cause.
State law already gives cops, deputy sheriffs, and prison guards rights that go far beyond what any other public employees enjoy but has never been interpreted to bar the public entirely from disciplinary cases.
But in 2003, the San Diego County Civil Service Commission closed a hearing on the appeal of the disciplinary case of a sheriff’s deputy, and the San Diego Union-Tribune went to court to get access to the records. The resulting case went all the way to the state’s high court and ended with one of the worst rulings for the press and public interest in this state in half a century or more. Tom Newton, general counsel for the California Newspaper Publishers Association, told the Los Angeles Times that in the wake of the ruling “we have pretty much of a secret police force in this state.”
The state legislature needs to take this on immediately. Mark Leno, the San Francisco Democrat who chairs the Assembly Public Safety Committee (and who worked diligently and effectively to improve the Public Records Act this past session), would be a perfect person to work with sunshine advocates to draft a bill that would make the secrecy ruling moot.
In the meantime, it’s still not clear exactly how far local government will have to go to protect the rights of peace officers to abuse their public trust without any public oversight. Sunshine advocates say that San Francisco, which has always held open hearings on major police discipline cases, may not have to immediately halt the practice. The Police Commission, which is scheduled to hold a hearing on the issue Sept. 17, needs to carefully weigh the arguments of activists and media representatives before making any new policy — and must write any new rules to side as much as possible with openness. For starters, all hearings should be presumed public unless an accused officer objects — and a full hearing on that objection should precede any closure.
There’s another step city leaders can take: every year or two, the cops come along with a request for legislation that would even further sweeten their union contracts. If the San Francisco Police Officers Association is going to demand secrecy in every single disciplinary hearing, that should be the end to all progressive support for more pay, more benefits, and more goodies for an armed force that refuses to accept even basic public oversight. SFBG

An explosive issue

0

› amanda@sfbg.com
Do you know where your natural gas shutoff valve is? Are you going to need a wrench to turn it off? If the ground starts shaking and the ceiling is coming down on your head, are you going to be thinking about your pipes cracking and spewing high-pressure, flammable natural gas into your home?
Probably not, which is why automatic shutoff valves were developed. They trip and kill the gas flow to the pipes inside your house when seismic activity is greater than 5.2 on the Richter scale.
Right now, the city puts its faith in citizens to be ready to kill the gas if the big one hits. Not all cities agree with this policy. After the Northridge earthquake in 1994, Los Angeles passed an ordinance mandating automatic shutoff valves in all new construction and for home repairs greater than $10,000. Alameda, Contra Costa, and Marin counties have similar legislation, as do the cities of Pittsburg and Hercules. Why not earthquake-prone San Francisco?
That’s the question being explored by the city’s Department of Building Inspection (DBI). But there are other questions too: if San Francisco decides to make a policy requiring automatic shutoff valves, can they be installed more expeditiously than the 11 years and counting it has taken Los Angeles?
DBI staff, building inspection commissioners, and city officials from the Fire Department and the Office of Emergency Services held an initial Aug. 30 meeting on the issue, and though it’s too early to tell how San Francisco could mandate installation of these valves, the sentiment was that the status quo strategy of public education is not enough. The discussion also revealed some key questions about where exactly the valves can be installed, who is responsible for them, and who’s going to pay.
In San Francisco there are currently two ways the gas can be shut off when there’s a leak: either Pacific Gas and Electric Co. or the customer can do it. PG&E provides manual shutoff valves at all installations, but they can be difficult to operate, especially for a disabled or senior citizen.
PG&E officials say they don’t have a position when it comes to recommending whether automatic shutoff valves should be installed.
“Because we serve such a large, diverse customer base, our position is a neutral position. We do not support or not support installation of these devices,” PG&E’s Paul Brooks said at the meeting.
Brooks, a senior gas engineer for PG&E, said the company has manual valves for the main gas lines but confirmed that there is nothing in the system that trips automatically during an earthquake. PG&E is responsible for the health of the pipes up to where they meet the meter, after which the customer is liable.
PG&E has been replacing old pipes throughout the city with polyethylene lines, which are designed to flex more before snapping when the ground shakes. In some places, the new pipes allow for gas to be delivered faster, at a much higher pressure. That’s a problem, says Building Inspection Commission president Debra Walker, who’s concerned about the danger of higher-pressured gas being piped into people’s homes.
“We have a unique situation here in the city because of our property lines,” she told the Guardian after the meeting. In San Francisco, it’s common to construct buildings right up to the lot lines, milking every inch of property and making it necessary to put gas meters, gauges, valves, and gas pressure step-downs underneath the structure.
“A lot of these gas lines go into the building before the step-down. The problem and the risk are already in the building,” Walker said. She argues that automatic shutoff valves should be placed farther up the line and PG&E should assume some responsibility for the installation.
Only PG&E could install them. Since 2002, the California Public Utilities Commission (CPUC) has disallowed customers from installing automatic shutoff valves on the gas company’s side of the meter. Fabian Padilla, a former Southern California Gas Company employee who was at the meeting, said utilities lobbied for the prohibition to avoid liability if valves were improperly installed on the gas company’s side.
Brooks cited the CPUC’s general orders when asked whether the company could assume responsibility for installing shutoff valves on their lines and said they would have to be responsible for the valves as well. He didn’t know if that was something the company would be willing to do.
After the meeting, Padilla told us, “It’s obvious that the best way to do it is on the gas company’s side of the meter.” Padilla, who is now president of Affordable Safety Solutions Inc. (ASSI), a company that designs and distributes earthquake gas safety devices and specializes in automatic shutoff valves, thinks company-side installation is easier and more economical because the lines are smaller, the gas doesn’t have to be turned off to install the valves, and in San Francisco’s case, where the meters are under the buildings and difficult to reach, it’s easier to install them elsewhere.
Cost is the other major factor. Padilla said he offers valves and installations for $245 to his Southern California customers. The DBI estimated costs between $250 and $600 per meter, which becomes a pricey endeavor for multiple-dwelling buildings where each unit has its own meter and consequently, its own automatic shutoff valve.
It’s a cost some are concerned that landlords would defer to the tenants. A few hundred dollars for a valve may seem like a worthy investment to most homeowners, and even though your neighbors also benefit when your house doesn’t blow up, not everyone may be willing to throw down for the lifesavers.
The cost to install valves in every household could be enormous, but city officials at the meeting seemed unwilling to issue a mandate without offering some kind of financial assistance. Though it seems unlikely that PG&E would incur the costs as a good-neighbor gesture, the possibility of funding from the city’s office of emergency services or the Federal Emergency Management Agency is being considered. Officials said more research and risk assessment needed to be done, and meetings are being scheduled where the key questions of who pays, where the valves will go, and whether they will be put into widespread use before the big one may get answered.
“It’s very important that we resolve this issue,” Walker said to us after the meeting. “There are challenges around where these valves are and who will be responsible.” SFBG

Bad cops walk into the shadows

0

› gwschulz@sfbg.com
In late June, two San Francisco police officers were accused of giving beer and vodka to three teenage girls and making sexual advances toward them. One of the young women was just 16 years old, and the two others were 17. The alleged conduct of the officers occurred both in and out of uniform, and they even reportedly offered the girls confiscated fireworks from the trunk of their patrol car.
In February, an off-duty San Francisco Police Department officer was arrested for threatening to kill his ex-girlfriend and their 5-year-old daughter during a domestic quarrel. The officer was awaiting disciplinary hearings before the San Francisco Police Commission, according to the most recent public records of the matter.
In March 2005, an SFPD domestic violence inspector was arrested for driving drunk through Marin County and smashing into another car. Fairfax cops found the inspector had a blood alcohol level of 0.27 percent, more than three times the legal limit. She was eventually suspended by the SFPD for 45 days.
These are just a few cases of alleged misconduct that have recently appeared before the Police Commission. And they’re among the last cases, which until now were available through state open-record laws, that most people will ever know details about. Due to a state Supreme Court ruling issued at the end of August, citizens and the press will be unable to access most public information about why individual officers are charged with vioutf8g department rules or even possibly breaking the law.
“It’s devastating,” said Rick McKee, a longtime open-government activist and president of the Sacramento-based group Californians Aware. “It creates a two-tiered system of public access: one for general government employees and another for police officers…. There was no considerable thought given to what this does to the public’s right to know.”
Records of misconduct charges have largely been open in San Francisco until now. The public could access summaries of misconduct charges, filed either by the San Francisco Office of Citizen Complaints (OCC) or the police chief’s office, and attend hearings at the Hall of Justice that included testimony from the officers. No longer.
An attempt by the Guardian last week to obtain misconduct records from the Police Commission was blocked by administrative staff, and two disciplinary hearings scheduled for Sept. 6 and 7, ordinarily open to the public, were cancelled due to uncertainty surrounding the decision in Copley Press v. San Diego County.
Historically, the names of officers investigated by the OCC and charged with misconduct by the chief were not revealed publicly until their cases had made it to the commission, which is where the Guardian has obtained them in the past. In other words, frivolous charges of police brutality, for instance, weren’t immediately disclosed to the public. Personnel files maintained by the department could remain secret, but cities and counties individually decided what independent review commissions could make available.
The Aug. 31 Supreme Court ruling greatly broadens the scope of privacy laws that exclusively protect cops from the disclosure of disciplinary records maintained by police departments. The decision now shields disciplinary records previously available either through records requests or citizen review panels, such as the OCC.
Guylin Cummins, an attorney who represented a Southern California newspaper in the public records challenge that led to last week’s ruling, said Sacramento legislators never intended to completely curtail access to disciplinary files.
“Nowhere in the legislative history does it say, ‘We’re going to trump the [California Public Records Act],’” Cummins said.
But an attorney for the Deputy Sheriffs’ Association of San Diego County, Everett Bobbitt, told the Guardian that public defenders and litigants were compiling the records in databases to use arbitrarily against cops in court.
“You’d go to one county and they’d restrict [the records], and you’d go to another county and they wouldn’t,” he said. “I thought that wasn’t fair. There was a lot of personal material in those files.”
Steve Johnson, a spokesperson for the San Francisco Police Officers Association, said the group has always believed that the California Penal Code extended such privacy rights to officers, but that the Police Commission had regularly declined to honor them. When we contacted him, he had yet to read the Copley decision.
“We have always been of the opinion that the city should comply with the penal code…. Our attorneys have made motions in the past, but they were denied,” Johnson said.
The case that led to last week’s decision began in 2003 when a San Diego deputy sheriff was fired for failing to arrest a suspect in a 2002 domestic violence dispute involving a clearly injured female victim. The deputy then didn’t report the incident and manipulated his patrol log to depict the call as less serious than what was actually probable cause for an arrest. He appealed the termination but requested that the hearing be kept confidential.
As a result, the San Diego Union-Tribune was barred from attending the hearing, and a public records request for details of the disciplinary proceedings was denied. The paper’s parent company, Copley Press, sued to retrieve the deputy’s name, among other things, but a trial court in San Diego denied relief. Further records requests by the paper following the decision prompted the San Diego Civil Service Commission to reveal some additional details, but only in redacted form. The deputy’s name was still withheld.
Following a closed-door commission meeting, the deputy’s firing was changed to a resignation and the charge that he falsified his patrol log was removed from the record. The Union-Tribune went to an appeals court judge asking for the deputy’s name and any additional evidence of the agreement, including documents and audiotapes, from the case. The lower-court decision was overturned there. But along with the Supreme Court, where the case eventually arrived, the appeals court never technically ruled on public access to disciplinary hearings. It only addressed disciplinary records.
“[The decision] is not saying that civil service commission hearings are closed,” said Susan Seager, a First Amendment lawyer in Los Angeles who submitted an amicus brief to the Supreme Court on behalf of the Union-Tribune. “I think that’s the debate here.” But because so much material presented at the hearings comes from personnel files, Bobbitt responded, they’ll likely have to be closed in order to comply with the decision.
Journalists at the Union-Tribune, for their part, obviously dislike the ruling.
“Certainly officers have an understandable motive for being fiercely protective of their privacy,” the paper wrote in a Sept. 2 editorial. “Yet decades of scandals across the nation show that police cover-ups of internal misconduct are disturbingly common. The idea that police often operate under a ‘code of silence’ isn’t just a figment of a pulp novelist’s imagination.”
It’s not easy being a cop in this city. San Francisco for the most part ideologically opposes rigid, law-and-order conservatism. Pressure on the SFPD to do something about the city’s alarming rate of gun violence continues to swell. And few people even want to be a cop anymore, leaving the department chronically understaffed and forcing the city to pay out millions of dollars for overtime expenses.
But bad cops are a fact of life.
More than 70 cases of alleged police misconduct were sustained by the OCC and sent to Police Chief Heather Fong for action last year. Literally hundreds of misconduct cases involving still-incomplete investigations were pending by the end of 2005. The department’s own internal affairs arm, which handles additional misconduct probes, sustained 63 cases of misconduct in the second quarter of 2006.
In exchange for receiving a considerable amount of power, cops have always been responsible for maintaining a higher standard of conduct, a fact enshrined in the Police Department’s own General Orders.
“Police officers are empowered to deprive other citizens of their freedom when they violate the law,” the orders state. “Because they have this power, the public expects, and rightly so, that police officers live up to the highest standards of conduct they enforce among the public generally.”
In the 6–1 Copley ruling, Justice Kathryn Werdegar stood alone in her dissent, arguing that “the majority overvalues the deputy’s interest in privacy, undervalues the public’s interest in disclosure, and ultimately fails to implement the legislature’s careful balance of the competing concerns in this area.”
The majority opinion, written by Justice Ming Chin, stuck mostly to technical details and argued that the appeals court erred in not defining the San Diego Civil Service Commission as an “employing agency” of the deputy, a key legal distinction.
Ultimately, the convoluted decision seems to beg for clarity from the legislature, but taking on privacy rights for cops could be tantamount to political suicide in Sacramento. One of the state’s most powerful lobbying groups, the California Correctional Peace Officers Association, would be affected by changes in the law. Bobbitt warned that any attempt by the legislature to toy with the decision would be met with fierce resistance.
“Law enforcement associations will lobby very hard against any changes that would impact this decision,” he said.
The view is a little different in San Francisco. Police Commission president Louise Renne — who is hardly known as a bleeding heart liberal — told the Guardian, “I don’t think the state Supreme Court made the right decision from a public policy point of view.”
For now, at least, six state Supreme Court justices have moved one of local government’s most powerful entities deeper into the shadows. SFBG

Eat your politics

0

› culture@sfbg.com
A lot has happened since Californians first rebelled against the canned food and Jell-O molds of the postwar industrialization era. The American food politics revolution is very much alive and well and thriving in the Bay Area, where the movement started. And California is still the food basket of the United States — it’s been the top grower in the country for more than half a century. The dialogue about sustainable growing practices and environmental impact is open, and the fight for more mindful production practices is still on.
We are home to around 100 farmers markets — including Alemany, which, at 63 years old, is the granddaddy of local markets. Alice Waters’s groundbreaking Chez Panisse restaurant celebrated 35 years of organic-minded Epicureanism this year. CSAs (Community Supported Agriculture farms) — started in the United States in the 1980s — are going strong. Local groups and organizations that continue to educate and activate the revolution around here include but certainly aren’t limited to San Francisco Food Systems, Food Not Bombs, Food First, and the Brentwood Agricultural Land Trust, which protects farmland against development. Blogs like the Eat Local Challenge, written by authors across the United States, and resource Web pages like those of the Center for Urban Education about Sustainable Agriculture, the organization that runs the Ferry Building farmers markets, offer a plethora of information about the local food politics movement.
And then there’s Larry Bain — restaurateur, activist, and founder and executive director of Nextcourse. He doesn’t just eat his politics, he feeds them to the Bay Area. Bain has a hand in a few of the finest and fanciest restaurants in town (Acme Chophouse, Jardinière), but his work through Nextcourse in San Francisco jails and schools and with the Golden Gate National Recreation Area narrows “the food divide” and shows how eating well doesn’t mean breaking the bank for artisanal olive oil. We talked to him about his organization and some of the major issues it’s taking on in the quest to bring mindful eating practices to the larger community.
SFBG What inspired you to found Nextcourse?
LARRY BAIN I’ve been a food activist since 1983, when I opened [Zola in San Francisco] with the intention of creating a new model for restaurants. Restaurants use more energy per square foot than any other retail operation, so the consumption of water, gas, electricity, and the generation of greenhouses gases tend to have a very deleterious impact on the environment. Then there’s the cleaning solutions used in restaurants. And the amount of garbage generated, the packing, and then of course the stuff we know and think first about restaurants, where food comes from, the fossil fuels used in the creation and transportation of food. Every year I owned a restaurant, I got more excited about the positive impact restaurants could have and about finding ways to influence other restaurateurs. Because nobody wakes up in the morning and says, “I want to be the cause of 17 trees being felled in the redwood forest.”
But I wasn’t big enough to take it all on. Every issue is far more complex than you’d think. Whether it’s a straightforward Atlantic salmon or a Chilean sea bass, there are layers of impact. Even eating local — what does that do to communities that depend on people in America buying their coffee beans or some other product? I wasn’t sure where to focus until I went to a seminar that was given at the UC Berkeley School of Journalism. All of my heroes were up on the stage: Vanda Nashiva, Orville Schell, Wendell Berry, Michael Pollan, Carlo Petrini. They were being eloquent and brilliant about the future of food and where we needed to be going, touching many things close to my heart.
As always happens at one of those gatherings, some smart-ass stood up and asked, “Excuse me, if we were going to make the transition from conventional to organic tomorrow, would we still be able to feed the world?” It’s the argument always thrown out by Archer Daniels Midland: “This is the only way to feed the world, through genetically modified crops and by conventional methods of distribution. All of this organic stuff is just pie in the sky.” And everybody, all of my heroes said, “Oh yes, organic farming is superproductive. You get a lot more nutrients out of every acre planted.”
Berry said, “We just don’t have enough farmers. If you went to the unemployment office and said, ‘OK, all you three guys over there, tomorrow you’ll be organic farmers’ — it requires tremendous wisdom and experience and we’ve lost that. Before we can talk about changing our food system, we have to be cognizant of the supply, and we don’t have the farmers and we don’t have farmland.” It was at this point that I thought, OK, this is going to be my passion, growing farmers.
I don’t know anything about agriculture. My area of expertise is the world of commerce, and I know what farmers need is a good path to sell their product. And because farmers cannot survive through Chez Panisse alone, they need a broader base of consumers that might be willing to buy things that aren’t as exotic as a $5 peach but greens or even fruit that is delicious but not beautiful.
SFBG Has cooking become some exoticized thing?
LB Elitist thing. People go to the Ferry Building not to buy their food but to accessorize their meals, and so what they’re going to eat is pretty standard stuff that they might get at Safeway or Whole Foods, and then they go to the Ferry Building to get this little bunch of herbs or this little piece of cheese that will make it a special dinner. And so how do you make shopping in farmers markets and cooking for your family more of a way of life rather than a lifestyle. When you’re living in a neighborhood filled with tension and stress and toxic materials, food becomes even more important to help you survive that, to help you keep a strong immune system. So Nextcourse started in the San Francisco county jail working with women who are moms, mostly, and who, once they get out, need to feed their family.
SFBG When did the cooking in jail program start?
LB I got a phone call from a teacher at a school in Emeryville to come and talk to students there about healthy eating. I took the chef and sous-chef from Acme Chophouse, and we cooked with the kids. A friend of mine said this would be a great program at juvie hall. And so I called juvie hall — it was a bureaucratic nightmare. The same friend said, “Well, I know someone who does work at the county jail. She’s a public defender.” So, I called her up and told her, “We want to do cooking classes in the jail. I’ve got these great chefs, and they know how to show people how to cook things that are delicious, nutritious, easy, cheap, fun. Can you help us out?” Within a week we met with the sheriff, who loved the idea.
In the classes, we talk about the importance of nutrition and the how-to. A lot of these women know that eating good food is important for their kids. They know this, and yet they think, “What can I do about this? I can’t afford to go to Whole Foods, and I can’t afford to eat at Chez Panisse.” So we show them where to shop, and every class has a menu. The teacher will shop the day before, both at Safeway or FoodCo or one of these cheap stores and at a farmers market — not at the Ferry Building but at Heart of the City or at Alemany or sometimes just at stores in the Tenderloin. And we line the ingredients up side-by-side and invariably the ingredients from the farmers market, aside from being more nutritious and delicious, are cheaper because we shop seasonally.
All of the cooking takes place with minimal equipment. In the jail we can’t use knives. Everything can be done — a salad, a main course, a vegetable — in 25 minutes, and for less than $5 a person. Cooking quickly is all about being organized. We teach them those skills as well.
SFBG How many women have gone through this program?
LB I think it’s about 750 now. One of the things that we’re moving forward with is finding a way to connect with the women after they leave. One of the new initiatives is working with a postrelease program where there’ll be a kitchen so we’ll be able to do the classes on an ongoing basis.
SFBG Something that a lot of people don’t know is that people who have a felony drug offense can’t get food stamps.
LB It was part of that whole clean up drugs thing. It’s changed slightly so that now if you have a minor drug offense, you can get food, but if you have a heavier felony offense, it’s still not possible. [Assemblymember] Mark Leno is working on fixing it.
SFBG Have you kept in touch with the women from the program?
LB Yeah. We have one woman who found us because we also offer the courses to women who provide day care. She told us, “When I was in jail, I was thinking this was all bullshit. I can’t do that. It’s going to be too expensive. It’s just you white people blowing smoke up our ass. But I got out and now I’m going to the market every week and my kids love it.”
SFBG You’re also coordinating food service for the Golden Gate National Recreation Area?
LB Yes, coordinating purchasing so the prices are better, but also coordinating so some people can get products that there hasn’t been enough demand for. The great thing about McDonald’s is that it represents this huge buying power, and if McDonald’s says, “We want an alternative to Styrofoam,” people say, “OK, we’ll do that.” So when 17 food services here say, “We really want cornstarch knives or sugar-based packaging material” … companies will see this opportunity and figure it out.
I started talking to the people in the national park for two reasons. One is that the park feeds a lot of people. Golden Gate Park is 75,000 acres, the largest urban park in the country, and feeds 17 million people a year, whether they’re dining at Greens, which is a park partner, or the Cliff House or some little café. The park also sits on a tremendous amount of good agricultural land, some of which is being used up at Point Reyes National Park. Cowgirl Creamery, Strauss Dairy, Hog Island Oyster, Sun Farm — all those are on park land. We want the park to become not only a purchaser of good sustainable, healthy food but also a producer.
SFBG One of the reasons why Nextcourse is interesting is that it addresses the “food divide,” actually doing outreach into the community that is not going to show up at the Ferry Plaza Farmers Market. What do you think needs to be done? It feels like the gap is getting wider rather than narrowing.
LB That just represents what’s happening in our society. Truly, you can’t change the food system without looking at every other aspect of the economic system. You’ve heard it before, but there’s all these wonderful catchphrases like “the high cost of cheap food.” People shouldn’t be asking why this beautiful piece of fruit is so expensive, they should be asking why this other piece of fruit is so cheap. And the reason it’s cheap is because of the way our economy is structured, with lobbies, subsidies, and oil companies having such a strong vested interest. The real problem with food costing “X amount” is that we can’t survive just on food. We need housing, we need education, we need health care. The government is no longer in the public service business: they’ve privatized all of those things, and they’re driven by profit. People can’t afford more expensive food because they’re spending so much on rent, health care, and more expensive schools.
We’ve created a society that’s increasingly divided the rich and the poor. Food is just symbolic. If we want a just society, this is just one aspect — don’t stop at food, but see food as the beginning, a way to engage in a better world.
SFBG What about the conceptual problem? It’s fine to repeat the mantra that cheap food is more expensive, but when it’s not immediately visible …
LB We’re encouraged to not see beyond our own noses. It’s not in the interest of economy for us to think of long-term effects, to see the net. We just see “cheap.” This is the money I have in my pocket at the moment. I’ll worry about the hospital when I have to go to a hospital, and in fact, it’s best not to think about that. So in order for things to change, food people need to see that while they need to collaborate among the food community, they also need to collaborate among the social justice community as a whole. The food community has to see that people struggling for immigration rights, workers’ rights, health care rights are their natural friends.
SFBG What are some organizations around the Bay Area that are doing good work?
LB On a really grassroots level, I think la Cocina is fantastic — an industrial kitchen facility that brings in mostly Latina women with the hope that they’ll be able to have their own kitchen or restaurant someday. The Columbia Foundation, particularly through their Roots of Change program. Something new to the Bay Area is the Community Alliance for Family Farmers that is trying to bridge the gap between farms and urban centers.
SFBG What are the top issues facing the Bay Area — in terms of food and our ecology — in the next decade?
LB The offshoring of our food production. It’s going to happen unless we start yelling and screaming, because it is so much cheaper to grow and produce food in developing nations. A lot of these agribusiness companies want to get out of the US. They want to be someplace where there are no labor laws, there are no environmental restrictions. That’s what keeps me up at night. I wake up in the middle of the night screaming, “They’re offshoring our food production.”
Environmentally, water is the biggest issue that we’re facing. What’s happening is that farmers are saying, ‘I could sell my water for much more money than I could ever make growing food.’ Because all of our communities, particularly those built in deserts, are so desperate for water that they will pay anything for it. So as water becomes more politically contentious and expensive, anybody doing agriculture will go someplace where there isn’t necessarily more water but they can get it for free or get it illegally. SFBG

The viognier quandary

0

› paulr@sfbg.com
The evening’s menu was to include shrimp, marinated in paprika and lemon and grilled on skewers, and the issue was wine, as in: which one?
“I will bring a viognier,” said the imminent guest decisively, as if settling on the prescription to be given for some mysterious ailment.
“Great,” I said, “that should be fine.” Viognier! It would have my vote as the world’s most disappointing white varietal. A few years earlier, at Gary Danko, I’d had a glass of Condrieu — a reputable viognier wine produced in the south of France — and found myself thinking of some high-society type with a slightly shrill voice. The wine seemed thin and glassy, and if that was the best the French could do with viognier, I thought, then it was time to move along.
But I had overlooked the fact that Old World white grapes’ tendency to get big and fat in California might actually be an advantage for some of the emaciated cases. The great French wines made from sauvignon blanc and chardonnay grapes are robust enough despite the cooler weather and chalkier soils over there, and they suffer here, really, from too-plush conditions. But California viognier is a distinct improvement on its Gallic antecedent, if the 2005 Cline bottling brought by the imminent (then actual) guest is to be the basis of our judgment. The wine was rich and weighty, with some floral perfume reminiscent of an Alsatian Riesling’s, along with a slight residual sugariness that brought out the crustacean’s natural sweetness against the smoke of the grill and the bite of the paprika.
“This is really good!” pronounced the sweet tooth, one of whose favorite jokes is to suggest that dinner should begin with dessert. I too thought the wine was lovely, and I was also relieved that the bottle of Chablis I had chilled as a precaution (a première cru from Domaine le Renardière, 2000) would not have to be rushed in on a rescue mission but could appear with leisurely dignity as a kind of Chapter Two, telling its own distinctly different story.
The Chablis was steely, crisp, and dignified, in the high French tradition — a different story indeed — and purely as an enological matter I preferred it. But the viognier matched better with the food on the table, of that there was no doubt, though it was gone by the time dessert finally appeared.

Veto the cable giveaway

0

Editor’s note: This editorial has been corrected. An earlier version mischaracterized the effect of the cable bill on municipal finances.

EDITORIAL A terrible bill masquerading as a proconsumer law cleared both houses of the state legislature last week and is now on the governor’s desk. It could cost cities and counties millions of dollars, potentially wipe out local control over cable TV franchises, and give a big boost to AT&T, which is best known these days for cooperating with the Bush administration on illegal wiretaps.
The bill, AB 2987, was introduced by Assembly Speaker Fabian Núñez (D–Los Angeles), but its real sponsor is AT&T. The bill would allow big telecommunications companies to apply to the California Public Utilities Commission (CPUC) for a statewide franchise to deliver cable and video services to California residents. The idea is to make it easier for these companies to offer telephone, Internet, and cable TV service all in one bundle. AT&T and the bill’s other backers say it will increase competition and lower rates. Lenny Goldberg, who runs the California Tax Reform Association and is one of the smartest analysts of economic policy in the state, says the bill will actually lead to increased rates.
But beyond that, there’s a huge problem with the measure. It would effectively take away from cities and counties the ability to regulate local cable TV providers. It would give AT&T or Verizon (or whoever might come along in the future) the ability to ignore local government, get a permit from the state, and deliver service to cities and counties — without having to negotiate a local franchise fee or accept local terms and conditions. Comcast, for example, pays San Francisco millions of dollars a year for the right to sell cable service under the city streets — and under the franchise agreement is required to provide public-access and government channels. A cable provider with a state franchise would never have to go beyond what an existing franchise pays.
Sen. Carole Migden (D–San Francisco), one of only four senators to oppose the bill, argued passionately against giving any favors to AT&T, which has a proven record of turning information on its customers over to the federal government. That’s another excellent reason to oppose the bill, and Gov. Arnold Schwarzenegger should veto it.
Meanwhile, Assemblymember Mark Leno’s industrial hemp bill, AB 1147, is on the governor’s desk and should be signed into law. So should AB 2573, which Leno had to fight the Pacific Gas and Electric Co. for and will help San Francisco expand its solar power production. There’s also Leno’s public records reform bill — and perhaps most important, his bill that would allow San Francisco to impose its own motor-vehicle fee, bringing the city $70 million a year. SFBG

The silent scandal

0

Editor’s note: This story has been altered to correct an error. The original version stated that an Examiner editor had admitted in court testimony to providing positive coverage to politicians in exchange for help with a business deal. The person who testified to that was not an editor, but Publisher Tim White, and he was talking about editorial, not news, coverage.

› gwschulz@sfbg.com
After William Randolph Hearst flunked out of Harvard in the 1880s, he pursued a new career path, asking his wealthy father for only one thing: the San Francisco Examiner.
Young William didn’t stop with the Examiner — over his lifetime, he accumulated dozens of newspapers nationwide. Eventually, one in five Americans regularly read a Hearst paper.
That seems like a lot of power and influence, and it was. But it’s nothing compared to what the heirs to Hearst’s media mogul mantle are doing today.
In fact, the Hearst Corp. is working with another acquisitive newspaper magnate, William Dean Singleton, to lock up the entire Bay Area daily newspaper market. If the project succeeds, one of the most sophisticated, politically active regions in the nation may have exactly one daily news voice.
That worries Clint Reilly.
The political consultant turned real estate investor has sued the Hearst Corp., owner of the San Francisco Chronicle, for the second time in a decade to stop a partnership he fears will eliminate the variety of voices among newspapers in the Bay Area.
It’s an amazing story, full of politics, big money, secretive arrangements, and juicy executive bonuses. What’s at stake? Control over one of the most lucrative businesses in Northern California.
But for the most part, you aren’t reading about it in the daily papers — which means you aren’t seeing it on TV or hearing about it on the radio.
In fact, the blackout of the inside details of the Singleton deal and Reilly’s effort to stop it is one of the greatest local censored stories of the year — and the way the press has failed to cover it demonstrates exactly what’s wrong with monopoly ownership of the major news media.
The story began in the spring when one of the nation’s more respected newspaper chains, Knight Ridder, was forced to put itself up for sale after Bruce Sherman, a prominent shareholder, decided that the company’s relatively healthy profit margins (and dozens of Pulitzers) were simply not enough.
It’s the nature of publicly traded companies to be vulnerable to shareholder insurrections, unless they have multiple classes of stock. Knight Ridder didn’t, and although its former chief executive, P. Anthony Ridder, later said he regretted the sale, Knight Ridder went on the block.
The Sacramento-based McClatchy chain bought the much bigger Knight Ridder but needed to sell some of the papers to make the deal work.
In the Bay Area, Knight Ridder’s two prime properties, the San Jose Mercury News and the Contra Costa Times, were bought by MediaNews Group, the Denver-based conglomerate run by Singleton. That was a problem from the start: Singleton already owned the Oakland Tribune, the Marin Independent Journal, the San Mateo County Times, and a series of smaller local papers on both sides of the bay. The two former Knight Ridder papers would give him a near-monopoly on daily newspaper ownership in the region; in fact, there was only one daily in the area that would be in a position to compete with Singleton. That was the San Francisco Chronicle.
But in one of the strangest deals in newspaper history, Hearst — the erstwhile competitor — joined in the action, buying two of the McClatchy papers (the Monterey Herald and the St. Paul Pioneer Dispatch) and then immediately turning them over to Singleton, in exchange for some stock in MediaNews operations outside of California.
When news of the transactions first broke, MediaNews publications and the Hearst’s Chron covered it extensively, more than once putting the billion-dollar partnership on the front pages. (The transactions also involve a company formed by MediaNews and two of its other competitors, the Stephens Group and Gannett Co., called the California Newspapers Partnership.)
Since then, however, coverage has been overshadowed by JonBenet Ramsey and local crime news. The real story of what happened between Hearst and Singleton and how it would devastate local media competition never made the papers.
If this had been a deal involving any other local big business that had a huge impact on the local economy and details as fishy as this, a competitive paper would have been all over it. And yet, even the Chron was largely silent.
In fact, when Attorney General Bill Lockyer decided not to take any action to block the deal, the Chron relegated the news to a five-paragraph Reuters wire story out of New York, buried in the briefs in the business section. The original Reuters story was cut; the news of Reilly’s suit and his allegations didn’t make it into the Chron version.
At times, the new Singleton papers have treated the story with upbeat glee: in early August, the Merc proclaimed in a headline that the area’s “New media king is having fun.”
The story noted: “MediaNews is privately held, a step removed from the Wall Street pressure that forced the Mercury News’ previous owner, Knight Ridder, to put itself up for sale…. Singleton is its leader, and by all accounts, a man who lives, breathes and loves newspapers.”
Longtime media critic and former UC Berkeley journalism school dean Ben Bagdikian, author of The Media Monopoly, told the Guardian that most of the coverage so far has focused on the business side of the transactions.
“The coverage I’ve seen has simply described the devices they used to divide the McClatchy chain and did not describe how cleverly it was designed to avoid an antitrust action,” Bagdikian said.
Here’s some of what the daily papers have ignored:
The Hearst deal was certainly good for MediaNews, because on the same day the agreement was signed, top executives at the company were awarded $1.88 million in bonuses. MediaNews president Joseph Lodovic earned the chief bonus of $1 million, while the president of MediaNews Group Interactive, Eric Grilly, received over $100,000 in bonuses on top of a $1.25 million severance package for retirement. The figures were disclosed in the company’s most recent Securities and Exchange Commission filing.
Hearst has insisted repeatedly that its investment in MediaNews involves only tracking stock, meaning its up-and-down value rests solely on the performance of MediaNews businesses outside of California. Such a structure may help the two companies comply with antitrust rules — for now.
But in a little-noticed footnote included in a July memo filed by Hearst in response to Reilly’s lawsuit, the company revealed that its tracking stock could still be converted to MediaNews common stock in the future — meaning it would then have a stake in the entire company, including its Bay Area holdings. “The tracking stock will be convertible into ordinary MNG common stock, but that will require a separate, future transaction and its own Hart-Scott-Rodino review,” the July 25 document states.
In other words, public records — information freely available to the 17-odd business reporters at the Chronicle — show that Hearst’s fundamental presentation of the deal is inaccurate. Hearst is not just a peripheral player in this deal; the company is a direct partner with Singleton and thus has no economic incentive whatsoever to compete with the Denver billionaire.
And that means there will be no real news competition either.Reilly has been in politics most of his adult life, and he knows what happens when one entity controls the news media: perspectives and candidates that aren’t in favor with the daily papers don’t get fair coverage.
Newspapers, he told us recently, are charged with checking the tyranny of government; without competition they will fail to check the tyranny of themselves.
“The combination intended to be formed by these defendants constitutes nothing less than the formation of a newspaper trust covering the Greater San Francisco Bay Area,” Reilly’s suit states, “implemented through anticompetitive acquisitions of competing newspapers, horizontal divisions of markets and customers, and agreements not to compete, whether expressed or implied.”
A federal judge recently tossed Reilly’s request for a temporary restraining order against the Hearst transaction. But Reilly’s overall lawsuit, designed to stop Hearst’s $300 million investment in MediaNews, will still wind its way through the courts, and Judge Susan Illston signaled in her last order that she would “seriously consider” forcing MediaNews to give up some of its assets if the court finds the company’s transactions to be anticompetitive.
There are clear grounds to do that. In fact, as Reilly’s attorney, Joe Alioto, points out in his legal filings, the monopolists have made the argument themselves. When Reilly sued to block the Examiner-Chronicle deal in 2000, Hearst, which wanted to buy the Chron and shutter the Examiner, argued that closing the Examiner would have no competitive impact — since all the other competing Bay Area papers provided the reader and advertiser with a choice. Now the lawyers are arguing just the opposite — that the Chron and the outlying papers never competed in the first place.
Hearst will more than likely argue in court that since its newspapers face unprecedented competition from online content, there’s technically no such thing as a one-newspaper town. The world is globally connected now, this thinking goes, and the Chron and MediaNews both face competition from popular blogs such as Daily Kos and Valleywag on the West Coast and Gawker and Wonkette on the East Coast.
But that ignores a media reality: for all the power and influence of bloggers and online outlets, daily newspapers still have the ability to set the news agenda for a region. Among other things, local TV news and radio stations regularly take their cues from the daily papers — meaning that a story the dailies ignore or mangle never gets a real chance.
MediaNews argues in its most recent memo to Judge Illston that “any potential anticompetitive effect of the transactions against which the Complaint is directed is greatly offset and outweighed by the efficiencies that will result from those transactions.”
“Efficiencies” isn’t actually defined, but if the past is any indication, jobs could be the first place MediaNews looks to “efficiently” save money for its investors — at the cost of performing the traditional role of a newspaper to monitor government.
Reporting — real reporting — is expensive. It requires experienced journalists, and a good paper should give them the time and resources not only to watch day-to-day events but also to dig deep, below the headlines.
That’s not the monopoly media style.
Speaking in general terms, Jon Marshall, who runs the blog Newsgems and teaches at Northwestern University’s Medill School of Journalism, wrote us in an e-mail that newspapers have to be willing to invest in innovation now, while there’s still time.
“If newspapers really want to win back readers, they’ll need to start offering more outstanding feature stories that really dig deep and have a big impact on their communities,” Marshall wrote. “Readers need a reason to turn to newspapers rather than all the other content that’s now available through the Web. Newspapers will have a hard time creating these outstanding stories on a consistent basis if they keep paying their current skimpy entry-level salaries.”
The pattern Singleton is known to follow isn’t unique. A recent survey conducted by journalism students at Arizona State University revealed that the nation’s largest newspapers are giving reduced resources to investigative and enterprise reporting as media companies trim budgets to maintain or increase profits. More than 60 percent of the papers surveyed, the report stated, don’t have investigative or projects teams.
Brant Houston, executive director of Investigative Reporters and Editors, told us that while teams of reporters dedicated exclusively to investigations may be disappearing, many papers are willing to pull staffers away from their regularly assigned beats to make sure that big stories are thoroughly covered. But, he said, Wall Street’s haste to make money could backfire if readers head elsewhere in search of more exclusive content.
“I think everything is in flux right now,” Houston said. “Everyone’s trying to figure out what the next newsroom looks like.”
Luther Jackson, an executive officer of the San Jose Newspaper Guild, which represents staffers at the Merc, said it’s too early to determine the impact of MediaNews on the paper. The union just recently began new contract negotiations with the company, while the previous agreement, which expired in June, remains in place. Jackson said he didn’t believe the Merc’s Silicon Valley readers would tolerate any dramatic dip in quality coverage.
“We have a problem with the idea that you can cut your way to excellence,” Jackson said.
Just six years ago, after Reilly sued Hearst the first time to stop its purchase of the Chronicle and subsequent attempt to shut down the Examiner, trial testimony revealed that the Examiner had, in fact, abused its editorial power to advance its business interests. Examiner Publisher Tim White admitted in open court that he had traded favorable editorial coverage to then-mayor Willie Brown in exchange for his support of the Chronicle purchase.
Reilly lost that one — but for now this case is moving forward. The suit could be the last legal stand for people who still think it’s wrong for one person to dominate the news that an entire region of the country depends on — and at the very least will force the story of what really happened out into the open. SFBG
PS At press time, Judge Illston ordered the trial be put on the fast track and set a trial date for Feb. 26, 2007. See the Bruce blog at www.sfbg.com for more info.

$70 million

0

By Tim Redmond

Assemblymember Mark Leno has gotten one of the most important bills of the year through the state Legislature, and if the governor signs it — and he might — it could bring an additional $70 million to San Francisco, enough (for example) to wipe out Muni’s structural budget deficit.

The billl would allow San Francisco the option of imposing a 2 percent fee on motor vehicle registrations — the same fee that every car owner in California paid for years until Gov. Schwarzenegger summarily repealed it, leaving the state with a $5 billion budget deficit.

If the city voters approved it, the fee could be assessed on cars registered in San Francisco. The city would pick up desperately needed cash for public transit, and car owners would be no worse off than they were under every governor in the past 25 years (except for this one).

Congrats to Leno for making this happen — and if it becomes law, the supervisors should move immediately to implement it.