Development

Gore, no?

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Akashic Books’ initial 2002 publication of High Life was not much of a cause célèbre in the larger literary world. But the ultraviolent novel of sex, murder, and scatology in mid-1990s Los Angeles was a definitive moment in the development of the so-called "torture porn" subgenre. As the debut author for Dennis Cooper’s Little House on the Bowery imprint, Matthew Stokoe became both a disciple of glorious S-M writers like Cooper, Bret Easton Ellis, and Samuel R. Delany and a centurial groundbreaker. Now a reprint edition of High Life (Akashic Books, 330 pages, $15.95) is belatedly securing Stokoe’s rank as either a literary assassin or putrid gore hound.

Set in the seamy pasteboard backlots of Hollywood, High Life centers around doughnut worker Jack and his prostitute girlfriend, Karen, who goes missing after a sordid organ donation. When Jack discovers Karen’s mutilated body some days later, he sets out on a sociopathic journey through the city’s back alleys and fetish clubs. Along the way he meets a twisted vice cop, Ryan — a psychological foil who elicits unspeakable fantasies from Jack — and Bella, a femme fatale whose character seems to have sprung from the pen of Georges Bataille rather than the typewriter of James M. Cain. While most of High Life obsessively centers on themes that are requisite to the noir genre, the graphic detail and repetition with which scenes of necrophilia, rape, mutilation, and coprophagy are recounted seems mechanized, if not completely militarized.

Written on the cusp of 2001’s radical political, cultural, and social turn in the wake of 9/11, High Life is a strikingly prescient view of a celebrity death culture that teeters between antebellum fantasia and post-Lapsarian horror. Stokoe’s novel arrived at the very cusp of a post–9/11 glut of torture porn, or, as David Edelstein of New York magazine described it (in a portmanteau of gore and porno), "gorno."

As characterized by Edelstein, gorno is a cross-generic exploration of graphic violence and sex alongside themes of terrorism, collective anxiety, and xenophobia. Commercial films like the Hostel series (2005; 2007) and Saw series (2004-2007), as well as Wolf Creek (2005) and Grindhouse (2007) introduced the movement’s adrenalinized visual tropes to the largest audiences, but the art and literary worlds have their controversial contributors, such as the Chapman brothers and the writer known as J.T. LeRoy. When asked to defend their creations, most of these artists use a common refrain of confrontation — that they are out to challenge the last remaining taboos, the increasingly militarized capital of the West, and a society where fear has literally mutated the body.

As if anticipating the shield behind which they would slice and dice their work, in 2000 the postmodern theorist Paul Virilio wrote of artists out to break "the taboos of suffocating bourgeois culture … the unicity of mankind, through the impending explosion of a genetic bomb that will be to biology what the atomic bomb was to physics…. Without limits, there is no value; without value, there is no esteem, no respect, and especially no pity: death to the referee!"

Yet such analysis leaves gorno artists like Stokoe in a critical limbo. Are they heroes of a new kind of anatomical avant-culture emancipated from capital and the military strictures of biopolitics? Or are they fetishists whose claims of degeneracy-as-art are a camouflage for something far more sinister? High Life hardly solves the conundrum, as Stokoe’s professed role is not as satirist or philosopher but pugilist; he refuses to ponder the possibilities of answers, only the certainty of bloodletting.

Moment of truth

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The controversial and long-awaited Eastern Neighborhoods Community Plan — which includes a thicket of thorny planning and financing issues that will largely determine San Francisco’s socioeconomic future — has finally arrived before the Board of Supervisors.

Neither developers nor community activists are happy with the plan approved Aug. 7 by the Planning Commission, which sets zoning, policies, and funding levels for new development in the Mission District, eastern SoMa, Potrero Hill, and the Central Waterfront.

Developers objected to the fee levels and affordable-housing requirements, saying they would discourage growth, but the compromise plan of less than $16 per square foot in development fees (which vary widely, depending on many factors) and a maximum 20 percent affordable-housing requirement have left public needs severely underfunded. San Francisco Planning Department estimates indicate the fee structure will yield only about $150 million for the area’s $400 million in infrastructure needs.

“The plan right now is not balanced in favor of diversity and real neighborhood needs,” said Sup. Tom Ammiano, who plans to introduce a long list of amendments to the plan in conjunction with Sup. Sophie Maxwell and neighborhood groups that include the Mission Anti-Displacement Coalition, the South of Market Citizen Action Network (SOMCAN), and the Potrero Boosters Neighborhood Association.

On the other side of the equation, the Residential Builders Association and other developers say the city will end up with little development activity if they ask for too much, and they’re threatening legal action if the city pushes too hard. “Our members certainly aren’t happy, and the industry isn’t happy,” RBA president Sean Keighran told the Guardian, saying the plan allows for too little development. “Many of our members are meeting with attorneys and considering their options.”

The Board of Supervisors Land Use Committee will begin working through the myriad conflicts Sept. 15 with a series of at least four hearings running through Sept. 23, when the plan could head for the full board. But given the complex political dynamics at play — and the fate of Proposition B, the affordable housing set-aside measure that could help narrow the funding shortfall — key parts of the plan could be delayed until at least January, when the new board is seated, making the stakes of this November’s election even higher.

Political priorities will determine the plan’s emphasis, and the balance of power on the board now seems to favor increasing the amount of affordable housing that will be required in the eastern neighborhoods, home to much of San Francisco’s remaining working class. The supervisors also are leaning toward asking developers to pay more for parks and other infrastructure needs.

Planning Department staffer Steve Wertheim said the goal has been to “make the fees as feasible as possible” for developers and “to find a sweet spot” that will satisfy developers as well as community activists. While he said the commission “was as aggressive as possible with the tools we had available, we would have to subsidize every house if we want [more] affordable housing.”

Planners say they are constrained by city studies indicating that developers won’t build if required to offer more than 20 percent of their housing units below market rates. “As a resident of San Francisco, I would love to see housing cheaper. But we can’t make affordable housing requirements so high that we end up getting no housing at all,” Wertheim said. “We’ve done as much as we can, but the whole city has to commit.”

Indeed, the plan’s funding shortfall raises citywide questions. Tony Kelly, president of Potrero Boosters, said the unspoken assumption in the Eastern Neighborhood Plan is that voters will need to approve Prop. B: “This plan is a big argument for the housing fund.” Either the proposition passes or San Francisco simply becomes steadily less affordable for working families.

Keighran thinks there’s been too much focus on affordable housing. “This one goal should not take priority over the other goals,” Keighran said. “We feel we’re being asked for so many different things from so many different people.”

Yet the activists argue that San Francisco will lose its working class and families if the market alone is allowed to determine what kind of housing is built. The city’s own general plan states that 64 percent of new housing should be affordable. The activists are urging the supervisors to prioritize community needs over developer profits.

“It’s a huge, sprawling plan that has a lot of detail, and the details we wanted to see aren’t there,” said Nick Pagoulatos, coordinator of the MAC. “In terms of the housing, it’s a complete disaster for our housing needs…. The housing we’re seeing is the same old housing we’ve always seen in our neighborhoods, which is mostly market-rate housing.”

Given the amount of light industrial land in the plan area that would be zoned for housing — enough for an estimated 7,500 new units — Pagoulatos said the community has gotten very little. The Planning Department estimates that less than 30 percent of the housing developed under the plan will be considered affordable — less than half of what the city needs — and even getting to that level will require more funding, perhaps by creating new redevelopment districts.

Among other problems in the plan, Pagoulatos said there isn’t nearly enough land set aside for the fully affordable projects that nonprofit entities seek to build with city affordable-housing funds. “If we don’t get that, then we didn’t get anything for all the concessions that we’ve made,” he said.

While the plan now includes modest new affordable housing and community benefits requirements for developers who want to exceed the plan’s height and density limits, activists say the community isn’t getting enough for offering this carrot. They propose to require that 100 percent of the units exceeding current entitlements be affordable.

“Our main concern is there isn’t enough affordable housing in the plan,” said Chris Durazo, community planning director for SOMCAN. “We want the Board of Supervisors to get involved and take this seriously. They need to understand how this community is growing. The families here now should be able to remain here.”

SOMCAN formally appealed the Planning Commission’s approval of the plan’s environmental impact report, which didn’t include detailed traffic studies that must eventually be completed. “We’re appealing it based on them punting the traffic and transportation plan,” Durazo said.

Kelly said that was emblematic of the cursory approach planners have taken toward sizing up and providing for the needs of residents in the affected neighborhoods. “This whole plan is going to move forward with less than half the money for neighborhood improvements they say are necessary,” Kelly said. He notes that the population of the 94107 ZIP code could double under the plan, which makes no provisions for increasing transit services for that higher population or securing new land for parks.

“The gap in affordable housing and the loss of light industrial jobs is matched by a lack of funding for community improvements,” said Kelly, who said his association focuses on that latter issue but is supportive of community groups that focus on housing and jobs.

In fact, there has been an unprecedented level of community organizing and collaboration among groups of all political stripes around this plan, work that is expected to pay off more at the board level than at the commission level.

“Because the board and the commission are two very different political bodies, others may come out that weren’t at the commission hearings,” said Wertheim, noting that developers were well-represented at the commission level. “But the one thing I’ve learned from this whole process is not to be surprised.”

Keighran seemed to sense the changing dynamics. “Planning takes methodical procedural work,” he said. “Politicians are not best suited to doing planning.”

But the activists say this plan should be a reflection of the city’s values, not simply a product of discussions between developers and planners. Yet they understand that politics can cut both ways, particularly during an election season.

“Of course we need more housing, but building $6 million condos isn’t the answer,” said Marc Salomon of the Western SoMa Task Force, which broke away from the Eastern Neighborhoods planning process — a process he criticizes. “It’s not about housing people, it’s about investment. It’s ‘How do we give the developers what they want and give the natives the bare minimum, or just enough that they don’t burn down City Hall?'<0x2009>”

Salomon fears the Eastern Neighborhoods will continue to suffer from political pandering. “The [supervisors] are all looking for their next move,” Salomon said. “The discourse has moved so far to the right that you can’t be against market-rate housing. And what they’re doing is developing market-rate housing to suit developers, and at the same time purging this city of progressives.”

Palin’s veto power

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By Sarah Phelan

-palin.jpg
So, maybe the pen IS mightier, after all? Palin’s budget vetoes.

Forget about using Wikipedia to find out the truth about GOP VP nominee Sarah Palin.

As online reports have noted, a sockpuppet called “Young Trigg” scrubbed the entry for Alaska’s first female governor the day before McCain publicly announced his VP pick.

That story should be a wakeup call for those tempted to rely on doctored or poorly researched online articles, in trying to find out who Gov. Sarah Palin really is.

The good news? There are plenty of other online resources that provide valid insights into Palin’s political priorities.

Consider, for instance, Governor Palin’s vetoes of Alaska’s FY 08 and 09 capital budget.

This shows that Palin vetoed a $350,000 statewide school substance abuse education and prevention program.

She also vetoed funding for wireless access and laptops in Alaskan community schools, including those in the North Pole district. (Guess Santa can spring for those, right?.)

And she eliminated funding for several native community projects, including the Kluti Kaah community recreation and learning center in the Interior Villages, the Jilkaat Kwaan cultural heritage center and Bald Eagle observatory in the Southeast Islands, and the Ilisagvik College Workforce Development program in the Artic.

Palin also vetoed a snow fence in the Bering Straits, a Zamboni blade sharpener for the Homer Hockey Association, statewide boy scout camp upgrades.

Oh, and she vetoed the Anchorage Police Department’s $17. 5 million request to expand its headquarters, for the second year in a row, along with a number of fire department’s requests for emergency safety equipment.

This summer, Alaskan lawmakers argued for a robust capital budget, which they said would help build the state and boost its economy. But Palin disagreed, saying she wanted to limit spending to public safety, health and infrastructure, and angering some representatives, by not giving them a chance to defend programs which either fell entirely victim to, or were halved, as Palin made $268 million worth of cuts, leaving Alaska with a $3.6 capital budget.

Here are Palin’s views on the line-item veto, taken from KTUU’s site.

“Well, you know, that’s the beauty of our system here — is checks and balances, provide for that tool to be used, if they deem that necessary, those who hold the purse strings and that’s the lawmakers if they want to override,” Palin said.

In addition to vetoing a $100,000 KTOO Government Transparency Project, Palin also axed a $50,000 community development center’s video project that was to have been called, “Alaska Teen Talk Show.”

The project aimed to produce pilot talk shows written and produced by the students, with students advised to audition several prospective hosts, rating each one on poise, intelligence, personality and looks.

“You should ultimately base your choice on a host’s familiarity with your show’s theme,” states the application.” If you hire the most attractive but vapid interviewer to host a political talk show and they don’t know anything about the presidential race, viewers will know it and change the channel.”

Sadly, I’m not at all convinced that viewers do change channel, just because a good-looking host is vapid. And while I don’t know why this particular project didn’t get funded, I can’t help imaging that whoever wrote this grant application must be wishing that they’d chosen some other example, when applying for this grant.

Take Lowe’s off the table

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EDITORIAL The battle over a proposed Home Depot store on Bayshore Boulevard several years ago dominated politics for a while in two supervisorial districts and became a nasty battle over race, jobs, small business, and community development priorities that spread citywide. In the end, with Sup. Aaron Peskin providing the swing vote, the Board of Supervisors approved the giant chain store.

And then — as giant out-of-town chains will do — Home Depot abruptly pulled the plug last spring. After all the tumult and the shouting, the bitterness and bad feelings, the big-box retailer decided it really didn’t want a store in southeast San Francisco.

Since then Sups. Tom Ammiano (who opposed Home Depot) and Sophie Maxwell (who supported it) have met and worked together to create a development plan that makes sense for the big empty lot on Bayshore. The two supervisors involved community leaders and tried to create a public process that would prevent the kind of fight the neighborhoods faced over Home Depot.

It was a hopeful sign — until now. Because the owners of the lot — the Goodman family, which once ran Goodman Lumber there — have come forward with a new proposal that’s almost exactly the same as the old one. This time, it’s Lowe’s Home Improvement.

If the supervisors, the mayor, and the community learned anything from the past few years, it’s that big-box chains can’t be trusted and aren’t an appropriate base for community and economic development in San Francisco. The mayor and the supervisors should make it clear now, before we go through another long, ugly battle, that big-box isn’t part of the future of Bayshore Boulevard.

Big chain stores defy all the basic premises of progressive urban planning. They exist and operate on a car-driven suburban model, with large parking lots that attract drivers. They add traffic and pollution to local streets and are inconsistent with the city’s attempts to be a greener, more sustainable community. They pay low wages (in fact, Lowe’s is the subject of a class-action suit in 11 states charging that the chain makes its employees work overtime without pay). The money they make leaves the community immediately, offering little in local economic benefits. And they destroy neighborhood-serving small businesses.

They are, by their nature, monocrop economic entities — when the entire future of an area depends on one so-called anchor store, then the community is vulnerable to decisions made elsewhere. Home Depot could have opened, then been closed after a year. Lowe’s could do the same.

The Eastern Neighborhoods plan envisions a huge new influx of housing into the area, and city planners admit the result will be a loss of blue-collar jobs. So the city can’t let the Bayshore site sit empty for years while some North Carolina–based megaretailer decides the neighborhood’s fate. And the last thing the Bayview, the Mission, and Bernal Heights need is another drawn-out conflict over a home improvement store.

The Mayor’s Office ought to be working with Ammiano and Maxwell to come up with an alternative plan for the area (solar energy? local home improvement stores?) that creates decent jobs, generates tax revenue — and remains true to a sustainable economic and environmental vision for the city. Step one is to take Lowe’s off the table.

The real crime issue in the Excelsior

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OPINION There have been eight murders in the Excelsior in the past 120 days. And Sup. Gerardo Sandoval, who represents the area and is running for judge, has been the subject of press attacks for suggesting that gang injunctions in the Mission District may have driven crime into surrounding areas.

That debate misses the point.

Communities of color like the Excelsior have historically taken a back seat when it’s time for the city to fund programs for youth, crime prevention, and economic development. Yet these are the public investments we must make if we are to craft a long-term solution to the city’s crime problem.

To be fair, the city has started to invest in the Excelsior, and the Department of Children, Youth and Their Families has been supportive. But much work still remains — after all, the Excelsior has the most children and youth of any district in San Francisco. Working with Sandoval and other community leaders, the city remodeled the Excelsior branch library, and every park has a new children’s playground, a new play field or new recreation center, or is scheduled for upgrades. DCYF has also provided significant anchor funding for violence prevention, employment training/placement, and youth leadership development programs at the Excelsior Teen Center.

But the city is still not investing enough in our communities of color. When a 14-year-old boy was murdered recently on Persia Street, we had to rely on DCYF staff and the Mission District’s Community Response Network for assistance — partly because the city has not yet funded a similar network for the Excelsior. Had there been a similar emergency in the Mission, the MCRN would not have been able to provide vital services to that victim’s family.

That doesn’t mean an Excelsior CRN is the answer. But the demand for violence prevention and response programs is growing, leading successful organizations like the Mission YMCA and the Bernal Heights Neighborhood Center’s Excelsior Teen Center to have to struggle harder for an ever-shrinking amount of city funding. What is the advantage of rebuilding a library or recreation center if we reduce funding for the services and programs those facilities provide?

The Police Department’s deployment of additional officers to the Excelsior in light of the recent surge in violent crime will help, as long as this strategy is coupled with an increase in funding for supportive services. Coordination between service providers and law enforcement — something we have modeled in Bernal Heights — has been successful in simultaneously reducing crime and reducing arrests. BHNC’s Youth Programs and Safety Network Organizer look forward to working with the Excelsior Action Group, the District 11 Council, the Filipino Community Center, Coleman Advocates, PODER, Sup. Sandoval’s office, and others to plan a town hall meeting at which the community will set priorities for short- and long-term action steps for residents, community-based services organizations, and city agencies so we can all work together toward an Excelsior that is a safe place for youth and families to live and thrive.

Joseph Smooke

Joseph Smooke is executive director of the Bernal Heights Neighborhood Center.

Extra! Hearst blacks out the word progressive

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“Ultra liberal?” “Far left political factions”? In San Francisco? Hearst, Mayoral Press Secretary Nathan Ballard, and an “ultra liberal” supervisorial candidate from the Excelsior District comment on this astounding election development

By Bruce B. Brugmann

Audrey Cooper, assistant metro editor of the Chronicle/Hearst, has admitted that the Chronicle “has decided to stop using the word ‘progressive’ to describe the more liberal of San Francisco’s political factions.” (See my previous blog).

Does this mean that supporters of the Clean Energy Initiative are suddenly and unexpectedly given the derogatory terms “ultra liberal” and “far left.” Does this mean Aaron Peskin and a majority of the board of supervisors? Assemblyman Mark Leno? Former PUC General manager Susan Leal? Former Mayor Art Agnos? A majority of the Democratic County Central Committee? A batch of supervisorial candidates? Labor leaders? The Sierra Club?

Here’s the email Cooper sent me this afternoon responding to questions from the Bruce blog and the Guardian. Cooper, let us stipulate upfront, has one of the toughest jobs going, trying to explain why Hearst suddenly banned the word progressive in the middle of a PG&E offensive against the Clean Energy Act. More: Hearst banned the word progressive in one of the world’s most progressive cities, in a city that spawned the famous progressive Hiram Johnson and his successful fight against the Southern Pacific Railroad, and on the newspaper founded by a publisher who called himself at one time a progressive and ran for mayor of New York on a platform of municipal ownership of utilities. In San Francisco, Hearst campaigned vigorously on a pro-Hetch Hetchy public power, anti-PG&E platform until he reversed himself in the late 1920s because of a PG&E loan from a PG&E-controlled bank. Hearst’s pro-PG&E, anti-public power position has remained in effect to this day. (See previous Bruce blogs, Guardian stories, and David Nasaw’s authoritative biography, “The Chief.”)

Cooper wrote:

“Hi Bruce.
I’m Wyatt Buchanan’s editor — he passed your e-mail along to me. Sorry that it took me a day to get back to you. In general, feel free to ask anything about our coverage. I’ll always answer as quickly as I can (that is, when it’s an issue I have control over).

I’ve also sent versions of this explanation to others who have inquired. (I’m only telling you that in case you get a similar e-mail forwarded to you — it’s just easier for me to explain it the same way to everyone.)

In short, just because a label is embraced by a political group does not mean it’s the best way to report a story. As you’ve probably noticed, we generally eschew political labels when possible. In some stories (such as the fight for the DCCC and Board of Supes), this is not as easily done. In those cases, we choose adjectives we think are as politically neutral as possible.

We decided to stop using the word ‘progressive’ to describe the more liberal of San Francisco’s political factions because it is a politically loaded term that doesn’t mean much to our readers. And while ‘progressive’ may be the preferred term of some politicians — and, of course, they are free to use it to describe themselves — it doesn’t describe where they sit on the traditional political spectrum.

We believe using adjectives such as ‘far left’ and ‘ultra liberal’ more accurately describe city politicians and policies in that broader context.

Thanks for your time. Feel free to call me if you have any questions.

Sincerely,
Audrey”

Reliable sources told us that the mayor’s campaign had complained to the Chronicle about the use of the word progressive and that means Eric Jaye, who runs the Newsom’s gubernatorial campaign at the same time he works for PG&E as a paid consultant to PG&E.

Cooper and Nathan Ballard, the mayor’s press secretary denied this. Cooper said:

“Also, I should tell you that we did not make this change in response or after complaints from anyone in the mayor’s office. The mayor’s office does not dictate what words we use.

“Nobody from the mayor’s office has ever contacted me about this issue as far as I can honestly remember. And I can’t recall them saying anything about it over the last two weeks, either.”

Ballard said:

“Personally I’ve never really complained to the Chronicle about this subject. It just wasn’t very high on my to-do list. In fact I don’t recall ever having any conversations about this topic with anyone from the Chronicle until after Heather Knight’s article about the far-left takeover of the DCCC ran.

“I have to admit that I’m pleased to learn from you that the Chronicle will no longer be using the term ‘progressive’ to describe politicians who aren’t. It always struck me as Orwellian doublespeak to describe somebody who wants to legalize sex trafficking and force lobbyists to wear badges as ‘progressive.'”

Executive Editor Tim Redmond responded to Ballard:

“Well, it’s true that the progressives of the early part of the century tended to be against prostitution and drugs and were prohibitionists, a description that I don’t think would accurately describe, say, Aaron Peskin. But over time the term has evolved, and most progressives today are at least open to the idea that sex work should be legalized. Almost all progressives support the legalization of marijuana (and I think Mayor Newsom does, too.)

“I don’t think far-left even remotely describes people like Peskin, whose economic views are pretty close to the mainstream of the liberal wing of the Democratic Party. Jake McGoldrick clearly isn’t ‘far left.’ I’m not sure even Tom Ammiano could accurately be called ‘far left.’

“I say this as someone who has been called all sorts of names, including Communist, because I advocate higher taxes on the rich and government spending on social services for the poor. At one time, that was pretty much the mainstream opinion of the Democratic Party.

“So who in SF government do you really believe is ‘far left?'”

Ballard responded back to Tim:

“Tim, do us all a favor and count me out of this dorm-room style debate. I never really cared that much whether the Chronicle called these guys progressives, just like I never really cared that much that CW Post calls them Grape Nuts even though they are neither grapes nor nuts.”

George Avalos, a supervisorial candidate in the Excelsior District, also asked Cooper about her designation and sent us her answer and then his comment to her answer. Question: how did Avalos and other progressive candidates in other districts suddenly become “ultra left” and part of a “far left faction?”

Subject: Dude, the preferred nomenclature is . . .

Dear Audrey:

“Thank you for your reply. I was throwing in a little humor here, albeit obscure — a reference to the Big Lebowski.

“Having said that I do believe the Chron’s use of ‘ultra left’ and ‘far left’ is completely biased. After all, who’s the arbiter here about what ‘ultra left’ and ‘far left are?’ What standard are you using and where did it come from? Seems pretty made up to me. Very rarely or better yet, never do I hear progressives talk about themselves in these terms. The Chron’s making it up out of whole cloth.

“It’s unbelievable, that you would even try to justify your use of this language.

“Lastly, if any term is completely meaningless it’s ‘moderate.’ I don’t recall there being a moderate political movement or ideology. A Classical Greek philosophy maybe, but not a political movement like the Progressive Movement. Progressives established labor laws, the women’s right to vote and regulations of our workplaces and food production.

I don’t believe Moderates can claim any such movement or transformation of our government institutions. If there’s something they can champion it’s ameliorating the effects of change or fighting against perennial progressive issues such as single payer health care, taxing high profits and rent control.

Thank you for your response. I really appreciate your sharing with me the Chronicle’s rationale, however shakey it may be.

Sincerely,

John Avalos”

B3 sums up this historic announcement:

So there you have it: a timely snapshot of Hearst double standard ethics: Let Willie Brown do a featured political column on Sunday without disclosing that he is a paid PG&E lobbyist ($200,000 last year alone). Brand all clean energy politicians opposed by PG&E as “ultra liberals” and “far left factions.” And for God’s sake, don’t cover the election in an honest and professional manner and tell us who PG&E is buying off. (See Amanda Witherell story, “PG&E’s blank check, who’s the utility buying off Start with Newsom, Feinstein, and Willie Brown.”) Question: so what will Hearst call the politicians who PG&E buys off? We call Willie PG&E’s Secret Agent Man.

B3, who insists to Cooper he is still a Rock Rapids (Iowa) liberal, and she says she will not challenge it.

Pelosi: is she punting on SF Clean Energy Act?

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Is Pelosi for clean energy in Washington and Denver but standing with PG&E and punting on supporting the Clean Energy Act in San Francisco? Is she investing with T. Boone Pickens and his Clean Energy Fuels Corp. in Texas and punting on clean energy in San Francisco?

By Bruce B. Brugmann

Paul Hogarth, the agile staff writer and columnist for the Beyond Chron website, asked a key question of House Speaker Nancy Pelosi at a press conference this morning on the first day of the Democratic Convention in Denver.

Hogarth reported on Beyond Chron that he had asked Pelosi that, “because she endorsed Al Gore’s ambitious goals of energy independence by 2019, does she support San Francisco’s Clean Energy Act (Prop H)–which calls for energy independence by 2040.”

“I haven’t see the text,” she told Hogarth, but I support going in that direction. This timetable of energy independence is a path we hope to go on.”

Hogarth made the proper point: Maybe, he noted, she should have sent a proxy to the Democratic County Central Committee endorsement meeting, referring to the recent vote by the DCCC approving the Clean Energy Act. She did not send a proxy to vote and her quote to Hogarth is her only known public response to the measure. The head on Hogarth’s story made his point more direct: “Pelosi Schools Traditional Media; Punts on SF Clean Energy Act.”

Meanwhile, the punting question was raised again for Pelosi by a major story in the Wall Street Journal (8/23/08). The Journal reported that Pelosi and her husband Paul invested between $50,000 and $100,000 in T. Boone Pickens’s Clean Energy Corporation in Texas. The Journal said the investment “could benefit from legislation the California Democrat favors to boost U.S. use of natural gas.”

“The investment is a small fraction of the Pelosis’ net worth. But it highlights the unlikely alliance evolving between Mr. Pickens, an old man with a long history of support for Republican causes, and powerful Democrats who have welcomed Mr. Pickens’s recent campaign for developing alternatives to oil.” (B3: Pickens was a major funder of the Swift Boat Veterans For Truth, which helped defeat John Kerry in the last presidential election.)

Drew Hammill, a Pelosi spokesperson, told the Journal that the investment “does not raise any direct conflict of interest issues” or violate any ethics rules of the House of Representatives. “The speaker has been an advocate for increasing our country’s energy independence and for renewable energy for years, long before this purchase.”

Pelosi has always been a PG&E ally in San Francisco and Washington, notably in her move to help PG&E and the development gang privatize the Presidio and set the precedent for privatizing the national park system.

So the question for her is even more tantalizing: will she go for clean energy in Washington, Texas, and Denver but stand with PG&E and punt on the Clean Energy Act in San Francisco? We’ll try to get the questions to her. But I suggest that others work on it as well. She’s tough to pin down when it comes to PG&E, clean energy, and renewables back in her home district. B3

PS: How much are the Pelosis worth? Anywhere from $15 million to $156 million (including real estate), according to the The Journal. The investment amounts to less than one per cent off the Pelosis’ total 2007 public and private investment assets, which, not including real estate, are estimated at between $15 million and $52 million, based on the Speaker’s disclosure record, according to the Journal. Including real estate and bank account assets, the Pelosis’ net asset value is estimated at between $35 million and $156 million, according to the Center for Responsive Politics.

Kim Gordon gets down in Saratoga

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“C’mon and turn it up,” for sure. I really dug Kim Gordon’s last project, Free Kitten’s Inherit (Ecstatic Peace) – the resurrected Gordon, Julie Cafritz (Pussy Galore), and Yoshimi (Boredoms) collabo came out earlier this year. But what sort of feline mischief has the Sonic Youth player been up to of late? Apparently the indie-underground icon has been toiling as an artist-in-residence at the garden-green Montalvo Arts Center in otherwise-burby Saratoga – so says the press release that came over the transom recently. Sounds like Montalvo is picking up where it left off with the 2006’s noise- and art-filled Bleeding Edge Festival, which brought together Matmos and Zeena Parkins (also working with Gordon this time around), Yo La Tengo, Sunroof!, and Tim Hecker:

“On Sept. 26, Montalvo Arts Center will present the world premiere of ‘Kim Gordon Meets Phantom Orchard,’ a musical collaboration featuring internationally renowned artists at the forefront of the alternative music scene. Kim Gordon, bassist, guitarist and founding member of Sonic Youth, joins the Phantom Orchard duo of laptop artist Ikue Mori and harp innovator Zeena Parkins, plus special guests Trevor Dunn on bass and drummer Yoshimi. The artists are in development with their new project, entitled ‘The Song Project,’ as part of their Montalvo Arts Center’s Lucas Artists Programs residency.

“Kim Gordon has enjoyed a long and storied career as a musician and a visual artist. In 1981 Gordon, with future husband Thurston Moore and Lee Ranaldo, helped found seminal alt-rock band Sonic Youth. Though they started out as a decidedly underground act, Sonic Youth emerged from the New York City music scene to become one of the most iconic and influential American rock bands, earning praise for their unique, unorthodox rock guitar style, strong studio albums (which have been included in Rolling Stone’s ‘Greatest Albums of All-Time’ list), and career stamina that has spanned over the course of nearly three decades. An established visual artist and curator, Gordon has exhibited her work across the U.S., Japan and Europe (sometimes incorporating live music in her exhibitions), written for respected art publications and has had several books published highlighting her original art.

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Flower children: Ikue Mori and Zeena Parkins.

The “ultra-liberal” city

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By Tim Redmond

I don’t know what Heather Knight means by “ultra-liberal,” but to say that the San Francisco Democratic Party has taken a “sharp turn to the left” is a bit miselading. Yes, the progressives ran an agressive campaign and picked up some seats this spring, but most of the votes on most of the issues were pretty close to unanimous; public power, fro example, had support from across the spectrum. Same with most of the supervisors races.

In fact, the only reason the Democratic Party seems a little more progressive now is that it has so often in the past been controlled by moderates (and in the days of Willie Brown, by a political machine).

So what’s up with the “ultra-liberal,” anyway?

I mean, the word “liberal” used to mean someone who believed that government was part of the solution to social problems, that income ought to be redistributed and the weathy should pay their fair share and that taxes levied and collected in a progressive fashion should be used for programs to help the needy.

That describes most of the people the Chron is now calling “ultra-liberal.” It does not describe, for example, Gavin Newsom.

In San Francisco, taking liberal stands on social issues is easy. The economic issues are a lot more tough, and that’s where you can draw political lines. The Shorensteins, Walter and Doug, are (generaly speaking) social liberals who give money to Democrats, and they always have. But when it comes to regulating land use and development and taxing downtown — when it hits the Shorensteins in the pocket book — they’re as anti-tax and anti-regulation as most Republicans.

John Burton asked me once why I didn’t call him a progressive, and I told him that the difference between a liberal and a progressive these days is that progressives don’t trust real-estate developers. That’s just a small example, but it makes the point. The progressives in San Francisco stand for both social and economic justice.

Here’s what I think is going on: The Newsom camp is angry about the use of the term “progressive” to describe Newsom’s critics, because it implies that Newsom somehow isn’t progressive. (Honestly, by any meaning of the word, he’s not. Care not Cash was the opposite of a progressive program. His budget is the opposite of a progressive budget. On economic issues, he’s very much a centrist.)

But Newsom’s operatives have been putting pressure on the media, and I’m sure on the Chron, to change that terminology. So now that Chron has come up with the disparaging term “ultra-liberal.”

Really, based on the recent endorsement, the Democratic Party in SF today pretty closely reflects San Francisco values. The nasty label’s got to go.

Newsom reappoints the condo commissioner

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Sup. Tom Ammiano had a short but pointed list of questions for Michael Antonini during a Rules Committee meeting of the Board of Supervisors Aug. 7 held to determine whether Antonini should be reappointed to the San Francisco Planning Commission. Gavin Newsom nominated Antonini for reappointment July 8 after the mayor’s office refused to tell the Guardian last month if he planned to do so.

Newsom’s selection of Antonini requires majority support from the board, and its progressive faction, irked by Antonini’s pro-development tenure, took the opportunity to find out how he planned to help the city ensure that 64 percent of all new housing construction was affordable to low-income residents, as San Francisco’s General Plan calls for.

Antonini told the supervisors he felt the city could move closer to that goal by essentially redefining poverty and raising the threshold for what constitutes a low-income earner, currently based on how much people make compared to the area’s median income. If the percentile was raised, developers could describe as “affordable” costlier housing units that are actually expensive and out of reach to a lot of buyers in the city.

“One of the areas that we’re really having a problem with is middle-income families,” Antonini told the committee, “and without in any way diminishing the number of units we build for lower-income groups, I think that we can accomplish that goal more realistically by having that percentile be higher.”

Ammiano also wanted to know why the planning commissioner backed the construction of a new Walgreens at Cesar Chavez and Mission streets just blocks from two other store locations in the supervisor’s district 9.

“Do you really believe that my district is under-served by Walgreens?” Ammiano asked with a smile.

PG&E grantees: Revealed

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By popular demand, here’s some highlights from PG&E’s 2007 charitable giving. If you want to see the complete list, look at pages 58-90 of this PDF. That document also includes the dues they pay to belong to certain organizations which tend to have certain sway with certain politicians and voting blocks. Example: a whopping $325,000 to belong to the San Francisco Chamber of Commerce. Who shows up at the first public hearing on the Clean Energy Act, to argue — with PG&E talking points — against putting it on the ballot? The San Francisco Chamber of Commerce.

PG&E also paid $90,000 to the Committee on Jobs, $92,500 to the Bay Area Council (on top of the $40,000 gift they also gave the group — which has also shilled for them at public meetings), and $26,500 for BOMA

There are some other interesting grants to note. For example, Slide Ranch got $5,000. Who’s on the board of Slide Ranch? Francesca Vietor, who’s up for possible appointment to the SF Public Utilities Commission.

Most of the grants are pennies to PG&E, but a couple nudge up into significant chunks of change. Over a million each went to the Foundation for Environmental Education and the National Energy Education Development Project.

See some other familiar faces, after the jump:

Redevelopment cooked Lennar grant

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Officials with the San Francisco Redevelopment Agency admitted yesterday that they cooked a state grant application, by claiming that they needed the funds to fill a $25 million gap in the budget of a project that the City is developing with Lennar at Hunters Point Shipyard.

But what they really wanted the monies for, the agency claimed, was to boost a shrinking community benefit fund that was supposedly to be derived from development profits.

The admission came during a hearing into Lennar’s fiscal health. The hearing was requested by Sup. Chris Daly, following the discovery that the San Francisco Redevelopment Agency had applied for, but been denied, a $25 million grant from the state’s Department of Housing and Community Development to subsidize infrastructure costs.

The June 10 grant application discovery, coupled with Lennar’s June 7 bankruptcy filing at Mare Island, heightened concerns that Lennar was planning to mothball the Shipyard/Candlestick redevelopment project, even though voters had greenlighted an increase in the size of that project, just days earlier, on June 3.

Daly’s mothballing concerns were understandable, given that Stephen Maduli-Williams, SFRA’s Deputy Executive Director of Community and Economic Development had claimed, in a May 23 letter to the state that, “without the requested $25,021,079 Infill grant allocation, our infrastructure project faces a serious risk of being mothballed. The project would face increased costs from work stoppage, remobilization efforts and substantial change orders.”

At yesterday’s hearing, Maduli-Williams repeatedly denied that there was any hole in the project’s budget. Instead, he argued that he had manufactured the hole in an effort to increase funds to the project’s community benefit fund.

“This was one of the resources we felt compelled to apply for, because, if successful, it would be a direct benefit to the Legacy Fund,” Maduli-Williams said, noting that 60 percent of the profits from the development go to Lennar, while only 40 percent to the Redevelopment Agency, who will turn these funds over to the Bayview.

Maduli-Williams noted that had the agency received the grant, “it would, if anything, have been a pass-through to the agency, not Lennar.”

As for the “hole in the project,” that these monies allegedly would have filled, Maduli Willians claimed he invented the hole after being turned down in the first round of applications, in which $1 billion worth of applications were vying for only $240 million in grants.

“Without this hole, we were told, we would not qualify,” Maduli-Williams said. “It’s part of our job to turn over every rock we can to benefit the Bayview.”

“Lennar is not in severe financial difficulty,” he added, observing that pursuant to the deposition and development agreement that Lennar signed, a developer is deemed to be in default, if its net worth falls below $400 million.

“Currently, Lennar has $900 milion in cash and has zero corporate debt,” Maduli-Williams claimed. “Yes, there is money to complete the project.”

Sandoval, Dufty, Daly attack MOH

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The Mayor’s Office of Housing has come under attack for failing to construct enough inclusionary affordable housing units and for not doing enough financially to help folks facing foreclosures.

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Map of SF foreclosures, as of December 2007.

The charges come as D 11 Sup. Geraldo Sandoval and D 6 Sup. Chris Daly seek to amend off-site inclusionary affordable housing requirements.

The amendments would allow that twenty-five percent off off-site units may be built outside the currently required one-mile radius from a developer’s market rate project.

They would also provide that off-site units cannot be located in industrially-zoned areas, or within one-quarter of a mile of developments containing 200 or more publicly-owned and operated affordable housing developments.

“The fact that not one affordable housing development has been promoted by the Mayor’s Office of Housing or the non-profit sector, in District 11 tells me that something is wrong,” said Sandoval, whose district includes the Outer Mission and the Excelsior and is home to the highest foreclosure rate in the City.

Sandoval noted that when he proposed an emergency fund last year to fight foreclosures, MOH opposed the idea.

“That program went nowhere,” Sandoval observed.
“And every time I have tried to get a non-profit housing developer into District 11, they do not and have not got any help from the Mayor’s Office of Housing,” he added.

Noting that the proposed amendment also amounts to a small program (Twenty-five percent of a 25 percent mandate is a small subset,) Sandoval said, “I can’t understand why the Mayor’s Office of Housing is so eager to oppose it. This is about fairness.”

MOH’s Doug Shoemaker countered that the amendments are “a solution in search of a problem.”

Shoemaker reminded the Board why the supervisors updated inclusionary affordable housing legislation a few years ago to make sure that offsite units were built within a one- mile of developers’ market rate sites.

“It was because affordable units were being built where no one wanted it, under freeways, the far end of city, and remote from retail, services and transportation,” Shoemaker recalled.

“Our main concern,” he said, “is that development will end up being built under the cloverleaf of 101 and 280. Developers seek lowest land prices. They are rational. They seek cost savings.”

Sup. Maxwell sided with Shoemaker, noting that the legislation that Daly and Sandoval seek to amend was put together less than 18 months ago.

“The poorest people need to be where the infrastructure and schools are,” Maxwell said.

Sup. Tom Ammiano also opposed the amendments.
“It takes away a lot of the choices we have,” he said

But Sup. Bevan Dufty supported Daly and Sandoval’s efforts, noting that he’s been seeking more affordable housing in his district in the last years, with almost no success.

“To me this is not a mandate that 25 percent [of these affordable units] has to be a mile away.” Dufty said.

Claiming that if developers proposed inaccessible offsite units, the Board would not support it, Dufty added, “But a little bit of flexibility isn’t a bad thing.”

“This is such a modest proposal. I can’t believe we’re denying it,” Sandoval lashed out.

Sandoval observed that thanks to the MOH opposition to the Board’s proposed $2 million revolving foreclosure fund, all the City has, on the foreclosure front, is a task force and a comprehensive report.
“That’s not the same thing as helping people, “ he said. “If this passes, we might be able to.”

MOH contends it’s been busy trying to put infrastructure in place, so it can help people access the federal foreclosure package that President Bush just signed into law.

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Nationwide foreclosure rate “heat” map.

In the end, the Board kicked Sandoval and Daly’s amendments back to committee.

“Perhaps some massaging is in order,” Daly acknowledged.

Cash from cabbies

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› news@sfbg.com

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

SF Flood Watch

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Yeah, we know. It hasn’t rained in months and fires, not floods, are on your mind.

But we couldn’t help noticing that 16 months after the Guardian broke the news that San Francisco is the only city in the Bay Area that does not have a flood map, (even though its surrounded by water on three sides, and sea level is on the rise, thanks to climate change), the Board of Supervisors is deciding whether to authorize enrollment in the National Flood Insurance Program and establish a floodplain management program.

The way things stand, the City has a map of “subsidence areas,” but not much else.

Right now, the Federal Emergency Management Agency is preparing a Flood Insurance Rate Map for the City and County of SF.

That map, which should be published in early 2009, will provide flood risk information for insurance and floodplain management purposes.

It could also affect development in SF.

As the ordinance that Sup. Sean Elsbernd authored notes, “FEMA’s publication of a final FIRM for San Francisco may affect new development in San Francisco, especially renovation and reuse of finger piers.”
Elsbernd’s legislation “urges the Port of San Francisco and FEMA to develop, before that final map gets published, long-term floodplain management controls that both address any flooding hazard risks and allow the City to implement the Waterfront Land Use Plan and the Capital Plan…and achieve the goals of that Plan, including the preservation of historic piers.”

At the Gates again

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› a&eletters@sfbg.com

There was a time, maybe two decades ago, when a subgenre called melodic death metal would have been considered a ridiculous oxymoron on par with something like smooth industrial or power–New Age. These days it’s possible to look back on this mid-1990s development as the source of that decade’s most enduring metal as well as the unwitting inspiration for some of this decade’s worst.

Ground zero for this unofficial movement was Gothenburg, Sweden, home to In Flames, Dissection, and At the Gates, whose 1995 swan song, Slaughter of the Soul (Earache), is probably the quintessential melodic death metal album and one of the greatest so-called extreme metal albums of all time, period.

It’s not just my opinion: there are also the countless bands — Shadows Fall, Darkest Hour, the Black Dahlia Murder, and seemingly hundreds of others — who have tried to imitate At the Gates in the years since. There was a time several years ago when every other new metal release — especially if it was American and had any sort of hardcore or metalcore slant to it — paid a degree of unspoken homage to the Gothenburg sound that At the Gates helped put on the map. Some of these bands have achieved reasonable commercial success, playing the Ozzfest’s second stage or getting airplay on whatever stations there are that play music videos anymore.

The thing is, none of those other hacks is ever going to match Slaughter, an inspired, magical album made by a bunch of desperate-sounding, beer-gulping Scandinavian twentysomethings.

"We wanted to make a short, intense, and to-the-point kinda album," explains guitarist Anders Björler via e-mail in May. "We had [Slayer’s] Reign in Blood as a reference somehow."

Slaughter was the band’s fourth and final album in a brief career that covered the first half of the 1990s — they broke up in 1996. Their earlier albums were a sometimes-confusing mix of guttural thrash, classical-tinged riffs, lopsided time signatures, and even the occasional violin interlude. By the time of Slaughter, though, they had streamlined their sound into something leaner and more direct. The breakneck thrash tempos and strategically placed tempo shifts may owe a debt to speed-metal bands like Slayer and Kreator, but there’s a heroic classical tinge to their guitar riffs that adds another, more epic dimension.

Then there are Tomas Lindberg’s tortured lyrics and vocals, which further distinguished ATG from their peers. Other bands growled and grunted about Satan, dead bodies, or the evils of multinational corporations. Lindberg’s strangled shriek, on the other hand, conveys a genuine sense of psychological torment. His sudden "aaaoooohhhh" during the intro to "Suicide Nation" is priceless.

"I think some of the hype came after we split up," writes Björler of the album’s reputation. Possibly, but there’s also the fact that they went out on top, without subjecting fans to a slow decline or gradual sellout à la their peers In Flames, who smelled a crossover market in the wake of bands like Slipknot’s success and watered their sound down accordingly.

After ATG split, Björler and his brother, bassist Jonas, went on to form the Haunted — who are still active but currently taking a break in between recording and touring. That partly explains the timing of their current reunion tour. Writes Björler, "We didn’t want to do this reunion when we turn 50 years old."

Instead, he continues, "it feels nice with a short reunion to say farewell in a proper way," aware that they broke up suddenly the first time around. "It’s only this tour, and it’s a sort of ‘farewell, last chance’ to see us thing. I think we ended it with a classic album. It would be hard to top."

AT THE GATES

With Municipal Waste, Darkest Hour, and Repulsion

Fri/25, 8 p.m., $27.50

Fillmore

1805 Geary, SF

(415) 421-TIXS

www.ticketmaster.com

Opening the corridor

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› news@sfbg.com

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Hunting the lord of war

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› gwschulz@sfbg.com

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Yosvany Terry

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PREVIEW With his new suite of songs, "Ye-dé-gbé and the Afro-Caribbean Legacy," Yosvany Terry puts his audience on a swivel, looking forward while also looking back. The Cuban-born composer-saxophonist-percussionist incorporates elements of Arará rhythms — a style brought to Cuba by slaves taken from Dahomey, now Benin, in West Africa — into his angular modern jazz writing.

"Even though I’m looking back at history, I’m trying to create something which can be combined with the most modern material I’ve been working on," Terry said from his New York City home. Three of Terry’s compositions were recorded on pianist Gonzalo Rubalcaba’s latest album, Avatar (Blue Note), which was released this spring. Though Terry was most recently heard on that disc with Rubalcaba’s brilliant new quintet, the "Ye-dé-gbé" project has a more anthropological genesis. Terry traveled to Matanzas, Cuba, and studied with Mario "Mano" Rodriguez Pedroso, one of the greatest living drummers in the Arará tradition. He even had his own Arará drums made there. "The way the drums are played with sticks is a Dahomey tradition, which I bring up to date," he explained. "You can hear the deep foundation, which is very old, but at the same time, you hear it in a context which sounds very modern."

The music combines percussive layers with call-and-response chants and modern jazz soloing. Terry also gives credit to Bay Area percussionist Sandy Perez as a key element in the development of the suite, which receives its West Coast premiere in a series of Bay Area performances by Perez and his Afro-Caribbean Legacy band. The group includes lead vocalist and percussionist Pedro Martinez, pianist Osmany Paredes, dancer Felix "Pupi" Insua, percussionist Roman Diaz, and Terry’s brother Yunior Terry on bass. (Marcus Crowder)

YOSVANY TERRY AND THE AFRO-CARIBBEAN LEGACY With Jesus Diaz, John Santos, and Michael Spiro. Fri/18, 8 p.m., $12–$15. Lecture-demonstration by Terry, Tues/22, 7 p.m., $10–$12. La Peña Cultural Center, 3105 Shattuck, Berk. (510) 849-2568, www.lapena.org. Also Sat/19, 1–3 p.m., free. Yerba Buena Gardens Festival, Mission and Third Sts., SF. www.ybgf.org. Also Sun/20, 7:30 p.m., $14–$28, Stanford Jazz Festival, Dinkelspiel Auditorium, Stanford. (650) 725-ARTS, www.stanfordjazz.org

Diaboliques

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› a&eletters@sfbg.com

Sex is such an unalloyed force in Catherine Breillat’s films that it actually seems to consume narrative. Among a controversial lot that includes Fat Girl (2001) and Romance (1999), The Last Mistress is unique for its classical trimmings, but its plot points and character development are still no more or less important than the emotional content of a moan. All the French writer-director’s films are anatomies of hell, but this time she’s courting provocations instead of simply imposing them. The thickening of Breillat’s stock may be due to her 2004 stroke, or her decision to adapt an earlier work (the film freely elaborates on an 1851 novel by Jules Amédée Barbey d’Aurevilly), or the fact she’s finally snagged an actress who enlarges her take on female appetite-for-destruction.

That actress is Asia Argento. In performances typically labeled raw or animalistic by a mostly male press, the daughter of Dario bottles up the rage simmering underneath every black magic woman and femme fatale in film history. It’s telling that Argento’s daredevil acting style doesn’t conjure other actresses so much as rockers like Diamanda Galás, PJ Harvey, and Courtney Love — women who live on the literal edge of a stage.

In The Last Mistress, Argento isn’t so tongue-in-cheek that she’s willing to slobber a rottweiler (as in a much-discussed moment from Abel Ferrara’s 2007 Go Go Tales). Breillat has given Argento a character who dovetails with her persona. Her Vellini is constantly described as a creature and, in a key moment, as a mutt. Her titular courtesan — rumored to be the illegitimate offspring of an Italian princess and a Spanish matador — is conjured by flashbacks and the looks and idle gossip of others. The film opens with a churlish count and countess plotting to inform Vellini that the object of her longtime amour fou, Ryno de Marigny (Fu’ad Ait Aattou), is marrying the virginal Hermangarde (Roxane Mesquida). Our first image of Argento — a double-portrait of actress and character, stretched over a divan in a classic pose of seduction — instantly explodes any element of Merchant-Ivory farce, with the actress already burnishing the angry glow of her character’s typecast destiny.

A moment later, Vellini is relishing Ryno’s porcelain weight, her pleasure-hungry visage adjacent to the glassy eyes and growl of a stuffed tiger head. The shot suggests Breillat is playfully embracing her unsubtle craft. Radical plot offensives aside, she isn’t so different from Joseph Mankiewicz in her camera movements, editing, and composition. Her reactionary feminism might sink into serviceability except for one thing: when it comes to staging and directing her actors’ body language, she’s a master.

Pascale Ferran’s Lady Chatterley (2006) flushed cheeks where Breillat’s dark drama gnashes teeth, but the films are united in loosing their actresses to trammel over history. Ferran crafts an amorous epic; Vellini climaxes only a few minutes into Last Mistress, raising the discomfiting question: what if the enabling (and ennobling) freedom that lets us do as we please only turns us into slaves of desire? The answer might look something like Sofia Coppola’s fizzy tonic of lethargy and shopping, Marie Antoinette (2006), though Argento’s supporting role as Comtesse du Barry in that film practically beggared Breillat’s fleshy rejoinder. Where Sex and the City‘s infantilized Manhattan suggests constant airbrushing, woman directors such as Breillat make Paris drawing rooms, Versailles, and the French countryside shimmer with unsettled agendas.

THE LAST MISTRESS

Opens Fri/18 at Bay Area theaters

See Movie Clock at sfbg.com

www.ifcfilms.com

Nuclear fallout

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› sarah@sfbg.com

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Sketches of Spain

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› a&eletters@sfbg.com

John Fahey remains the beacon of American Primitive Guitar, but Peter Walker’s two out-of-print 1960s albums — Rainy Day Raga and Second Poem to Karmela or Gypsies Are Important (both Vanguard; 1966, 1969) are benchmarks of exuberant raga-blues sure to destroy any open-tuned acolyte. Solo guitar has never been a bankable venture — Fahey himself pawned instruments to pay the rent — but the recent stream of reissues and compilations (e.g., Tompkins Square’s Imaginational Anthem series and Numero Group’s Guitar Soli) highlight the breadth and influence of this loose-knit musician’s movement, while younger disciples like Jack Rose, James Blackshaw, and Ben Chasny reanimate the tradition. Walker writes me a series of e-mails from Peru about his eye-opening experience touring with Rose: "I had no idea I could work in this country or that anyone cares about what I was playing…. All of these younger players have picked up the ball from Sandy Bull, me, Robbie Basho, and John Fahey and run with it."

The fresh faces on the 2006 A Raga for Peter Walker tribute album seem eager to lap up Walker’s former torrents of notes, but the 70-year-old guitarist has long since moved on to the more capacious terrain of Spanish flamenco. He points out that the form is based on some of the same scales as raga in the liner notes to his new record, Echo of My Soul (Tompkins Square), a bridge he’s given himself plenty of time to cultivate in his 40-year gap between records.

"I first went to Spain to study in the fall of 1963," he writes. "It wasn’t until that winter that I had a chance to study in Valencia with a Sr. Pappas, who sold meat during the day and taught flamenco at night a few miles outside the city. It transformed my view of the instrument and what was possible." This from the man who participated in at least two zeitgeists in his younger days, playing the Greenwich Village coffeehouse circuit with people like Tim Hardin and Karen Dalton, and serving as the "musical director" for Timothy Leary’s LSD-coated celebrations.

Once a bright light of the counterculture, Walker’s voracious musicality returned him to the semi-anonymity of tutelage. While Echo of My Soul evokes tender evenings and intergenerational anthems, it’s also something of a student portfolio: "I made a recording each year reflecting my development, [and] I took the best of these to make a compilation to submit as my application to play in a major competition in Murcia," Walker writes. "The consensus in the Sacromonte community was whether or not it was pure traditional flamenco. It was certainly very beautiful music, so I decided to release it."

When I saw Walker play at the 21 Grand two years ago, I knew nothing of this long back-story, but the explorative nature of his musicianship was plain from his relaxed performance. He ran through many of the lyrical themes and rippling chord clusters that comprise Echo of My Soul, pausing between each piece to relay a story from Seville, Granada, or Woodstock. The 21 Grand is a chilly performance space, but Walker imbued it with worldly warmth — something decidedly lacking in most club performances. It might seem anachronistic to travel thousands of miles to study a musical form in the age of the iPod, but computer interfaces cannot satisfy curiosity in such full bloom. "I am in Lima, having a blast," Walker mentions in our first e-mail exchange. "Great music scene here…. The flamenco/Inca/jazz fusion is great."

PETER WALKER

With the William Hooker Trio

July 19, 7 p.m., $12

Hemlock Tavern

1131 Polk, SF

(415) 923-0923

The dirty fight over clean power

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› amanda@sfbg.com

A charter amendment for renewable energy and public power appears headed for the November ballot, and already Pacific Gas and Electric Co. is rounding up front groups and touting inaccurate figures in an attempt to scuttle the plan.

The San Francisco Clean Energy Act, introduced by Sup. Ross Mirkarimi, would mandate that the San Francisco Public Utilities Commission "produce a comprehensive plan for providing clean, secure, cost-effective electricity for city departments and residents and businesses."

If passed, San Francisco would exceed state standards by requiring 51 percent clean, renewable energy by 2017; 75 percent by 2030; and 100 percent by 2040. Workforce development is also part of the plan, and if it’s determined that public ownership of the grid is the way to go, any employees fired by PG&E will be hired by the SFPUC.

"The San Francisco Board of Supervisors is talking about taking over PG&E," Brandon Hernandez, the corporation’s manager of government relations, said at a June 27 Rules Committee hearing on the legislation. "PG&E’s system is not for sale," he asserted. He then went on to say a takeover would cost the city "at least $4 billion."

PG&E spokesperson Darlene Chiu told the Guardian: "That’s our estimate for what our system costs in San Francisco."

But the California State Board of Equalization says all of PG&E’s state-assessed San Francisco property was worth $1.2 billion in 2007. The board’s appraisers assess PG&E’s property for tax purposes and their final figure includes millions of dollars of property that San Francisco would not want to own.

PG&E threw other punches at the city. Hernandez threatened the loss of as much as $29 million per year in taxes and charitable giving. "We no longer will be contributing to San Francisco’s nonprofits and service organizations," he said of groups that received $5 million from PG&E last year.

That money buys some political loyalty. The only organizations that spoke against the measure — the San Francisco Chamber of Commerce, the Bay Area Council, and the A. Phillip Randolph Institute — all received bucks deluxe from PG&E. Between 2004 and 2006, the Chamber of Commerce Foundation received $166,000 from the utility; the Bay Area Council and Economic Forum grossed $132,500; and APRI banked slightly more than $100,000.

The Chamber’s vice president of public policy, Rob Black, criticized the move toward municipalization because it would make San Francisco, like other municipal utilities, exempt from the state-mandated 20 percent renewable energy by 2010. "The Los Angeles utility is at 48 percent coal. That’s not green, that’s not renewable. That’s something we need to be very careful about," he told the committee.

According to the Los Angeles Department of Water and Power, their power mix is actually 44 percent coal. But Black didn’t bother to check; he just took his figures from PG&E moments before, while conferring with Hernandez and Chiu. When questioned by the Guardian, Black said, "They didn’t come to me. I went to them."

He reiterated the concern that municipally-owned power isn’t required by the state to be clean and green, and becoming so could increase rates. "If we’re creating cheaper energy, where’s the incentive to do conservation?" he asked.

According to statistics from the meeting, the average PG&E household spends $74.55 per month on electricity, with 12 percent of the energy used hailing from renewable resources. An equivalent customer in the Sacramento Municipal Utility District has a bill of $46.60 for 18 percent renewable.

APRI’s James Bryant said his Bayview community group has issues with the costs and the idea that former PG&E employees would be hired by the city and subsequently receive worse retirement plans.

When asked if he was there because his organization gets money from PG&E, Bryant said, "Not really." He added, "I don’t have anything to do with their decisions. They don’t have anything to do with my decisions.

"Of all the amoral things PG&E does, they fund very worthy grassroots organizations and then lean on them to speak against things," Sup. Tom Ammiano said when expressing his support for the legislation. "Not only is San Francisco going to have public power, the state of California is going to have public power."

Other public comments overwhelmingly supported the measure. Some energy activists have been concerned that the legislation would derail or delay efforts to move toward renewables through the community choice aggregation (CCA) program.

Fighting for the right to party

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› steve@sfbg.com

It’s become increasingly difficult and expensive to stage street fairs, concerts, or other parties in San Francisco, a trend chronicled by the Guardian over the past two years (see "Death of fun," 05/23/06 and "Death of fun, the sequel," 04/25/07). But event and nightlife promoters have responded with a proposed ballot measure that would write the right to party into the city’s charter.

The "Promoting and Sustaining Music and Culture in San Francisco" charter amendment would acknowledge the importance of special events to the city’s character, streamline the process for obtaining city permits, and require the nine-plus city departments that promoters must deal with to submit reports outlining how their policies and fee structures will need to be altered to comply with the new mandate for fun.

The measure was developed by the Save SF Culture Coalition, whose members include the Entertainment Commission, Black Rock City LLC (which stages Burning Man as well as events here in town), the Late Night Coalition, and the Outdoor Events Coalition (a group formed last year to counter city policies and neighbor complaints that threatened to scuttle the North Beach Jazz Festival, How Weird Street Faire, concerts in Golden Gate Park, and other events). The measure is sponsored by Sup. Ross Mirkarimi and has picked up four other supervisors as cosponsors, so it needs just one more vote for the Board of Supervisors to place it on the November ballot.

"It was long overdue that the city produce a master plan and vision that promotes a sustainable environment for music, culture, and entertainment throughout the city," Mirkarimi said.

In fact, event promoters say they’ve been hit by a quadruple whammy that threatens their livelihoods and the vibrant nature of the city: rising fees charged by city departments looking to close budget gaps, increased concern over alcohol consumption and other liability issues, more conflicts over noise in increasingly dense neighborhoods such as SoMa, and the ability of a handful of complaining neighbors to create event-killing permit conditions. And those last two problems are only likely to get worse as the city grows.

"We want the city to create a sustainability policy that will save our outdoor events in the face of all the development that is going on," said John Wood, a member of the Late Night Coalition and a promoter who also serves on the San Francisco Love Fest board of directors. "We need to be able to say, ‘This is city policy and you’re not following it.’"

Promoter and club owner Terrance Alan was an original member of the Entertainment Commission, which was formed in 2003 in part to resolve complaints over noise and manage relations between nightclubs and their neighbors. But he said the agency has little staff and no leverage over other city departments involved in permitting, which includes the Planning, Building, Port, Police, Fire, Health, and Recreation and Park commissions and departments, as well as the Municipal Transportation Authority and Interdepartmental Staff Committee on Traffic and Transportation (ISCOTT), the body that approves street-closure permits.

"We have been completely unsuccessful at getting their attention," Alan said. But this new measure, he said, would "set the stage for ongoing discussions that need to be happening."

Or as Wood put it, "It would give us ammunition in the future battles we’re going to have. It’s not going to make those battles go away."

Recreation and Park Department spokesperson Rose Dennis said her agency must deal with many competing concerns, ranging from budgetary issues to being responsive to complaints raised by citizens. "We understand that it might feel heavy-handed, but we have a duty to do so because we have to balance a number of concerns," Dennis said. "[Event promoters] have a bottom line, and we have a bottom line. We have a lot of people to serve."

Yet she said the department will comply with the measure and adjust its policies, fees, and procedures as needed if the measure is approved by voters.

At a June 27 Board of Supervisors Rules Committee hearing, there was lots of support for the measure and no real opposition. "We’re concerned about the future of arts and culture in San Francisco," Steven Raspa, who does special events for Black Rock City, said at the hearing.

All three committee members voiced support for the measure, but because it needed some minor changes, a final vote was pushed back to July 9. Proponents characterize the measure as trying to bring some balance to a situation in which the loudest wheels — those of NIMBYs complaining about noise or party detritus — keep getting greased.

"The bureaucracy is hearing from these neighborhood groups all the time," Wood said. "We feel that we are the majority and we need to demonstrate that politically."

Amanda Witherell contributed to this report.

To read the measure or learn more, visit www.savesfculture.com