Government

Bayview’s perspective

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› steve@sfbg.com
Consider the perspective of Marie Harrison and her political allies in Bayview — including the owners and writers at the San Francisco Bay View newspaper — whose support for Proposition 90 has put them at odds with the progressive political community.
Harrison, who is running for supervisor against incumbent Sophie Maxwell, lives on Quesada Avenue just off Third Street, in a diverse neighborhood bustling with vitality. Residents have transformed the wide median on her street into a gorgeous community garden. Almost all the houses are owner-occupied and well maintained.
“Blight” is not a word that most people would use to describe this neighborhood. Yet that is the word city officials have used to justify their decision earlier this year to turn this neighborhood and the rest of Bayview–Hunters Point into the biggest redevelopment area in city history over the strident objections of Harrison and others.
Redevelopment is a process that collects annual property tax increases into a fund that the San Francisco Redevelopment Agency uses to subsidize favored development projects, usually working with big developers and often bundling properties together for them to use, seizing the land by eminent domain if need be.
“The Redevelopment Agency is like a monster,” Dr. Ahimsa Porter Sumchai, a physician who covers the environment for the Bay View, told the Guardian while sitting in Harrison’s house.
For Harrison and others who moved to this neighborhood after being forced out of the Fillmore by another redevelopment effort that began in the ’60s, redevelopment means one thing: displacement of existing residents, or “repeopling,” a disturbing term that Harrison said she found in some Redevelopment Agency literature. They see it as simply a land grab by greedy developers working in cahoots with Mayor Gavin Newsom and the political establishment.
“Yeah, we’d like to see our community built up and look nice. But does that mean I don’t get to live here?” said Harrison, who, like many Bayview residents, owns her home but struggles to get by: she works, and her husband has two jobs, but they still live month to month.
It is that fear that caused Harrison to support Prop. 90 even after editors at the Guardian and other progressive voices tried to convince her that the state measure’s damaging aspects far outweigh its protections against eminent domain.
While Harrison admitted, “I see some things in Prop. 90 that scare the shit out of me,” she said, “desperation has set in.
“They’ve taken all hope. I see that I have to protect my community. Somebody has to remove the fear…. In this community, [Prop. 90 is] a hope and a chance.”
Where Maxwell and city leaders who favor redevelopment see progress, Harrison and others see an insidious conspiracy to take control of Bayview away from the people who live there.
And the narrative that city government is out to get Bayview has recently been reinforced by other actions: Newsom’s announcement that he wants to use Bayview–Hunters Point as a staging ground for the 2016 Olympics; expanded plans for upscale housing development around Candlestick Park; City Attorney Dennis Herrera’s rejection of a seemingly successful referendum drive challenging the Bayview Hunters Point Redevelopment Plan and the refusal of the Board of Supervisors to allow a vote on the matter; city staffers issuing regular citations to Bayview property owners to make improvements or risk fines; the Housing Authority’s failure to properly maintain the projects it manages; Herrera’s decision this month to seek civil injunctions preventing the free association of purported members of the Oakdale Mob; and the Redevelopment Agency’s Oct. 17 decision to let Lennar Corp. out of its pledge to build rental units on Parcel A of the former Hunters Point Naval Shipyard.
Add it all up, and it becomes understandable why many Bayview residents buy into the vision that Bay View publisher Willie Ratcliff has repeatedly put on the front page of his newspaper: “the bulldozers are at our borders,” just waiting to turn Bayview into one more white yuppie enclave and make a handful of politically connected developers rich in the process.
Officials strenuously deny this is true, arguing that this redevelopment project is all about helping the area by building more affordable housing, infrastructure, and open space and noting how the plan strictly forbids the seizure of residential property by eminent domain.
“The agency has that historical baggage, but we haven’t done anything like that in many years,” Marcia Rosen, director of the Redevelopment Agency, told us.
That hasn’t allayed fears in Bayview or among its allies outside the community, most notably Brian Murphy O’Flynn, whose North Beach property was seized by the city in 2003 to be turned into a park.
“I thought, ‘These people are getting steamrolled,’” O’Flynn told us. “The people there are going to be displaced…. It comes down to money. [Powerful people] want that neighborhood. It’s right on the water, and it’s going to make some people rich.”
Nonetheless, O’Flynn has concerns about the other impacts of Prop. 90, so much so that he has parted ways with his Bayview allies on the measure and refused requests by Prop. 90 advocates to join the campaign.
“I have no position on 90,” O’Flynn said. “But I understand how it came about.” SFBG

Josh Wolf meets Eminem meets Nelson Mandela

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By Sarah Phelan
Got a letter from jailed videographer/blogger Josh Wolf, saying he remains hopeful. Here are 3 reasons why.
1. Legendary lawyer Martin Garbus has joined Wolf’s team as Lead Attorney. That puts Wolf in the company of Eminem, Nelson Mandela, Daniel Ellsberg, Amy Tan, Al Pacino, Spike Lee, Sean Connery, Robert Redford and Michael Moore, to name a few of Garbus’ high profile clients. Garbus is also working on the case of the two SF Chronicle reporters, Lance Williams and Mark Fainaru-Wade, who face possible jail time for refusing to name the source who revealed transcripts from a grand jury investigating Barry Bonds and steroid use in organized sports.
2. Josh’s attorney’s have filed an appeal in the 9th Circuit, refuting that panel’s decision that the court doesn’t have the power to create a common-law privilege, claiming that this ruling contradicts a previous decision, the Jaffee case, which established a privilege for psychotherapists in the case of a police officer who had gone into therapy following a disputed shooting.
3. Justice Sandra Day O’Connor is going to do some cases in the 9th.

Wolf’s advice to San Franciscans? “Keep talking, refuse to be silenced.”
His advice to San Francisco? ”Cut all fiscal ties with the federal government. It’s a radical approach, but it has value beyond protecting journalists—it spares the city from the vice-like grip of No Child Left Behind, for example.”

The dirt in D6

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› amanda@sfbg.com › sarah@sfbg.com If you live in San Francisco’s District 6, it’s pretty difficult to avoid what some residents are calling a new filth polluting Tenderloin corners and SoMa streets. It’s not overflowing trash bins or urine-stained door frames — it’s the relentless election billeting that uses those images to support Rob Black and oppose Chris Daly for the district’s seat on the Board of Supervisors. “We’re tired of talk. Of loud, whining, condescending, offensive, abusive, lying, showcasing, arrogant talk,” reads a recent poster on a telephone pole. “District 6 is dirty and dangerous. District 6 is still poor. Chris Daly is why. Dump Daly. Back Rob Black.” “I was totally offended by this,” Debra Walker, a progressive activist and resident of the district for 25 years, told the Guardian. “This kind of message intentionally suppresses the vote. People I’ve talked to in the district who aren’t very political are totally turned off by the mailings from Rob Black or made in his benefit.” Some of the mailings, posters, and literature can be directly attributed to independent expenditure (IE) committees recognized by the Ethics Commission and acting legally. Some, however, have more dubious ancestry but apparent links to a campaign attorney with a long history of using millions to control the outcome of elections in San Francisco: Jim Sutton (see “The Political Puppeteer,” 2/4/04). Sutton did not return calls for comment. Most of the anonymous literature directs people to the Web site www.DumpDaly.org. SFSOS’s Wade Randlett told us his group paid for the site and a volunteer set it up. SFSOS and Sutton formed Citizens for Reform Leadership 1–6 — IE committees listed on many of the signs and much of the literature, including the poster quoted above. The committees haven’t filed any IE reports with the Ethics Commission. Walker, along with Maria Guillen, vice president of SEIU Local 790, and another District 6 resident, Jim Meko, submitted a complaint with the Ethics Commission on Sept. 29 with nine pieces of physical evidence supporting their concern that the roof had been blown off the $83,000 spending cap on the campaign, in place because all candidates agreed to public financing. The evidence submitted with the complaint varied and included three different mailers from “Concerned Residents of District 6,” a committee that has yet to exist on paper in the Ethics Commission filing cabinets. The mailers from the “Concerned Residents” are glossy triptychs critical of Daly but not explicitly advocating for another candidate. They do not state the amount the committee paid for them, which is required of any electioneering communication. On Oct. 6 the Ethics Commission released a statement saying the spending cap for District 6 was no longer in effect. John St. Croix, executive director of the commission, has identified at least $90,000 in IEs, including three unreported mailers. “At some point we will attempt to determine who distributed the mailers,” St. Croix said. “But it’s not likely before the election.” The tactic of breaking the law before the election and taking the heat after the ballots are in has been used in the past, and this new example flouts recently passed legislation. These mailings should have been filed with the Ethics Commission, according to an ordinance passed in 2005 in response to similar anonymous hit pieces that came out in the elections of 2003 and 2004 against Supervisors Gerardo Sandoval and Jake McGoldrick. (Sutton defended SFSOS’s main funder, Donald Fisher, in his successful Strategic Lawsuit Against Public Participation against Sandoval over the issue.) “It’s a strategy taken straight from Karl Rove’s playbook,” Meko, a 30-year SoMa resident, told us. Joe Lynn, former Ethics Commission member and staffer, told us “all the committees in San Francisco should turn their backs on contributions from people who are involved in this scheme — at least until they explain their involvement. These are the most sophisticated folks in San Francisco politics. I think a full investigation including possible criminal activity ought to be assigned to a master.” He said District Attorney Kamala Harris used Sutton in her race and therefore may have a conflict of interest. The Rob Black for Supervisor committee claims no connection to the literature that hangs on doorknobs and clogs mailboxes, the push polls calling people, or the postings in the streets and tucked under windshields. “I don’t support the anonymous pieces. If people are doing it on my behalf, I don’t want it,” Black told us. But Daly told us “the IEs appear to be coordinated…. The Black committee is not running a campaign that would be independently competitive. He’s only sent one piece of mail, but he’s had eight sent on his behalf.” Residents suggest it’s even more than that: Walker received three more anti-Daly mailers Oct. 20. Black confirmed that he had only sent one mailing to the district, and he’s “not surprised” that so many IEs have sent out mailings in his support. With the exception of a filing from the Police Officers Association, the only legal IEs reported with the Ethics Commission so far are from the Building Owners and Management Association (BOMA) and Golden Gate Restaurant Association (GGRA). They also trace back to Sutton, Black’s former boss at Nielsen Merksamer, a law firm that represented PG&E in the 2002 campaign against public power, for which the firm was fined $100,000 for failing to report until after the election $800,000 from PG&E, the biggest fine ever levied by Ethics. Sutton left the firm shortly after. Black stayed on until 2004, when he took a position as legislative aide with Michela Alioto-Pier. The most recent poll released by Evans McDonough purports to show Black ahead by six points (with a five-point margin of error). It was commissioned by Barnes, Mosher, Whitehurst, Lauter, and Partners, which has also been employed by Sutton through BOMA and the GGRA for the IEs in the District 6 election. The financial shenanigans have been a rallying point for the Daly campaign. More than 70 volunteers signed in at an Oct. 21 rally and hit the streets: shaking hands, distributing literature, and making phone calls raising support for Daly. Sup. Ross Mirkarimi criticized the soft money’s “ugly, nasty, mean-spirited tactics” to oust Daly. “If they have to resort to these tactics, is that the kind of government we want in San Francisco?” he asked the crowd. “This is the nastiest, most personal and hateful thing I’ve ever been involved with,” Daly said. “It’s very painful.” But, he said, “our people power is better than their money power.” Outside a volunteer shouted into a bullhorn, “Don’t let downtown interests buy your democracy!” SFBG

Allison inspires youth

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OPINION I first saw Aimee Allison, District 2 candidate for the Oakland City Council, when she addressed a large, enthusiastic crowd of high school students, mostly students of color, from Oakland Tech, McClymonds, and Skyline. She spoke about the ruin and costs of war, the need for decent jobs, and practical ways and means for overcoming poverty in Oakland.
What impressed me about the young, vivacious candidate from the Grand Lake–Chinatown district was not just her Ron Dellums–like vision of Oakland, where “a better world begins.” It was her special ability to break through youthful feelings of despondency, the Generation X cynicism that continues to impede social progress. Allison has a special asset that her adversary, incumbent Pat Kernighan, lacks: an ability to inspire hope and activism among youth, including the struggling students in the least affluent sections of our city.
On Sept. 17, Constitution Day at Laney College, students hosted a debate between Kernighan and Allison. After the debate I talked with Reginald James, a 24-year-old Laney College student. He told me other students agreed that Kernighan was unprepared. “She was unable to relate to youth, to find common ground.”
James said Kernighan tended to blame the federal government for Oakland’s problems, deflecting responsibility from the City Council on which she serves. In contrast, Allison said incumbents should accept accountability for their failures, and she challenged the students to become active in their own cause.
During the debate Kernighan was almost fatalistic. “When there are not enough resources, we have to make hard decisions,” she argued. After the debate, Oakland teacher Jonah Zern summarized Kernighan’s presentation: “Pat continuously stated that she was powerless to change the problems of Oakland, that it was the state and federal government that need to make changes. It made me wonder. Why was she running for City Council?”
It was not her political positions as such or even her record that irked the youthful audience. One student asked Kernighan why the streets in the flatlands are not as clean as those above the freeway. She replied, “They don’t sweep the streets up there because the people do not tend to throw their trash out in the street.” The insinuation that people in the hills are superior to less-fortunate folk upset some students. Allison’s remarks, in contrast, were well received. Allison said, “In rich neighborhoods, parents can raise money for their kids’ sports teams. In others, schools don’t have teams. In rich neighborhoods, they can send their kids to music lessons, while in poor neighborhoods, music and art programs are being cut. Every child deserves an opportunity.”
Kernighan works hard. She knows the ins and outs of city government. But she has no vision, no plan to address the structural defects of Oakland’s social life. As a successful businessperson, Allison responds well to the needs and feelings of the middle class. But unlike most politicians, she maintains close relations and ties with the young and poor of Oakland. She has a valuable talent for enlisting youth in the fight against crime, for uniting our diverse cultures.
Understanding the needs and longings of young Oaklanders, tapping their potential to become agents of change, is a precondition of effective leadership on the City Council. If the Laney debate is an example, Kernighan is out of touch. SFBG
Paul Rockwell
Paul Rockwell is a writer living in Oakland.

The first 40

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› bruce@sfbg.com
On Oct. 27, l966, my wife, Jean Dibble, and I and some journalist and literary friends published the first issue of the first alternative paper in the country that was designed expressly to compete with the local monopoly daily combine and offer an alternative voice for an urban community.
We called it the San Francisco Bay Guardian, named after the liberal Manchester Guardian of England, and declared in our statement of intent that the Guardian would be a new model for a big-city paper: we would be independent and locally owned and edited, and we would be alternative to and competitive with the San Francisco Examiner and San Francisco Chronicle, which were published under a joint operating agreement that allowed them to fix prices, pool profits, share markets, and avoid competition.
We stated that “the Guardian is proposed, not as a substitute for the daily press, but as a supplement that can do much that the San Francisco and suburban dailies, with their single ownership, visceral appeal and parochial stance, cannot and will not do.” And we played off the name Guardian by stating that we would be “liberal in assessing the present and past (supporting regional government, nuclear weapons control, welfare legislation, rapid transit, tax reform, consumer protection, planning, judicial review, de-escalation and a promptly negotiated settlement in Vietnam.)” But the Guardian would also be “conservative in preserving tradition (civil liberties and minority rights, natural resources, watersheds, our bay, our hills, our air and water).”
It was rather naive to challenge the Ex-Chron JOA with little more than a good idea and not much money and a wing and a prayer. We had almost no idea of what we were getting into in San Francisco, a venue that Warren Hinckle of Ramparts and many other defunct publications would later describe as the Bermuda Triangle of publishing. But we had, I suppose, the key ingredient of the entrepreneur — the power of ignorance and not knowing any better — and somehow thought that if we could just get a good paper going, the time being l966 and the place being San Francisco and the world being full of possibilities, we would make it, come hell or high water.
Well, after going through hell and high water and endless soap operas for four decades, Jean and I and the hundreds of people who have worked for the Guardian through the years have helped realize the paper’s original vision and created something quite extraordinary: an influential new form of independent alternative journalism that works in the marketplace and provides what little real competition there is to the monopoly dailies. And let me emphasize, the alternatives do not require government-sanctioned JOA monopolies and endless chains and clusters of dailies and the other monopolizing devices that dailies claim they need to survive.
Today I am delighted to report that there are alternative papers competing effectively with their local chains throughout the Bay Area (seven, more than any other region), throughout the state from Chico to San Diego (22, more than any other state), and throughout the nation (126 in 42 states, with a total circulation of 7.5 million, and more coming all the time). There are even cities with two and three competing alternatives, and there are cities where the monopoly daily is forced by the real alternatives to create faux alternatives to try to compete (it doesn’t work). And alas, there is now a Village Voice–New Times chain of 17 papers in major markets, including San Francisco and the East Bay, that is abandoning its alternative roots and moving to ape its daily brethren.
Jean and I met at the University of Nebraska at Lincoln in 1957. Two friends and I were driving around Lincoln one fine spring day, drinking gin and tonics, which were drawn from a tub of gin and tonic that we had mixed up and stashed in the trunk of our car. We happened upon Jean and her younger sister, Catherine, who had come from a Theta sorority function and were standing on a street corner waiting for their mother to pick them up and take them to the Dibble family home in nearby Bennet (population: 412). We stopped, convinced them to ride with us, and got them safely home. They declined our offer of gin and tonics, as did their astonished parents and grandmother when we arrived at the Dibble house.
Jean and I made a good team. We both had small-town Midwestern values and roots in family-owned small-business. Her father owned lumberyards in small towns in southeast Nebraska. Her maternal grandfather founded banks in Kansas and Nebraska and was the state-appointed receiver for failed banks in Kansas during the Depression. Her paternal grandfather owned a grocery store in Topeka, Kan. Jean had the business background and the ability to create a solid start-up plan — she was a graduate of the Harvard-Radcliffe Program in Business Administration and had worked in San Francisco for Matson Navigation as well as Hansell Associates, a personnel firm.
I was the son and grandson of pioneering pharmacists in Rock Rapids, Iowa. (Population: 2,800. Slogan: “Brugmann’s Drugs. Where drugs and gold are fairly sold. Since l902.”) I had the newspaper background, starting at age l2 writing for my hometown Lyon County Reporter (under the third-generation Paul Smith family); going on to the campus paper (which we called the Rag) and then the Lincoln Star (under liberal city editor “Sterl” Earl Dyer and liberal editor Jimmy Lawrence); getting a master’s degree in journalism at Columbia University in New York City; and then working at Stars and Stripes in Korea (dateline: Yongdongpo), the Milwaukee Journal (where I got splendid professional training at one of the top 10 daily papers in the country), and the Redwood City Tribune (where I plowed into some of the juicy Peninsula scandals of the mid-l960s in bay fill, dirt hauling, and the classic Pacific Gas and Electric Co.–Stanford University Linear Accelerator battle). To those who ask how Jean and I have worked together for 40 years, I just say we have complementary abilities: she handles the bank, and I handle PG&E.
Not only did I find my partner at the University of Nebraska, but I also got the inspiration for the Guardian. In fact, I can remember the precise moment of truth that illuminated for me the value of an alternative paper in a city with a monopoly daily press (then, in Lincoln, a JOA between the afternoon Lincoln Journal and the morning Lincoln Star) that was tied into the local power structure, then known as the O Street gang (the local business owners along the downtown thoroughfare O Street). The O Street gang was so quietly powerful that it once decided to fire the Nebraska football coach before anyone bothered to notify the chancellor.
As a liberal Rag editor in the spring of 1955, I had just put out an important front-page story on how one of the most controversial professors on campus, C. Clyde Mitchell, who had been under fire for years from the conservative Farm Bureau and others because of his liberal views on farm policy, was being quietly axed as chair of the agricultural economics department.
We had gotten the tip from one of Mitchell’s students and had confirmed it by talking to professors in his department who had attended the meeting where the quiet firing was announced by Mitchell’s dean. Our lead story was headlined “Ag Ex Chairman Mitchell said relieved of post, outside pressures termed cause.” And I wrote a “demand all the facts” editorial arguing in high tones that “any attempt to make professors fair game for irresponsible charges, any attempt by pressure groups unduly to influence the academic position of university personnel … is an abridgment of the spirit of academic freedom and those principles of free communication protected by the Constitution and the Bill of Rights.” It was a bombshell.
The Lincoln Journal fired back immediately with a classic daily front-page story seeking to “scotch” the nasty rumors started by that pesky Rag on the campus. The story had all the usual recognizable elements: it did not independently investigate, did not quote our story properly, did not call us for comment, took the handout denial from the university public relations office, and put it out without blushing. Bang, that was to be the end of it, on to the next press release from the university.
It made me mad. I knew our story was right, the daily story was wrong, and the story was important and needed to be pursued. And so I stoked up a campaign for the rest of the semester that ultimately emboldened Mitchell to make formal charges that the university had violated his academic freedom. He gave us the scoop for two rousing final editions of the Rag. The proper academic committee investigated and upheld Mitchell but dragged the case out and waited until I graduated to release the report.
Against the power structure and against all odds, Mitchell, the Rag, and I had won the day and an important victory on behalf of academic freedom in a conservative university in a conservative state during the McCarthy era. During this battle I learned how the power structure fights back against aggressive editors. At the height of my campaign defending Mitchell, I was kept out of the Innocents Society, the senior men’s honorary society, although my four subeditors and managers all made it in. The blackball, the campus rumor went, came directly from the regents president, J. Leroy Welch, then president of the Omaha Grain Exchange (known to our readers as the “Old Grain Head”), via the chancellor via the dean of men.
I am forever indebted to them. They taught me at an impressionable age about the power of the alternative press and why it is best exercised by an independent paper on major power structure issues. They also taught me a lot about press freedom, which they were trying to grab from the Rag and me, and how we had to fight back publicly and with gusto.
When Jean and I founded the Guardian, we did so in the spirit of my old Rag campaigns. In fact, we borrowed the line from the old Chicago Times and put it on our masthead: “It is a newspaper’s duty to print the news and raise hell.” We wanted a paper that would be willing and able to do serious watchdog reporting and take on and pursue the big stories and issues that the monopoly dailies ignored — and then were ignored by the radio, television, and mainstream media that take their news and policy cues from the Ex and Chron. In JOA San Francisco that was a lot of stories, from the PG&E Raker Act scandal to the Manhattanization of the city to the theft of the Presidio to the steady conservative downtown drumbeat on such key issues as taxes, social justice, the homeless, privatization, war and peace, and endorsements.
Significantly, because of our independent position and credibility, we were able to lead tough campaigns on public power, kicking PG&E out of a corrupted City Hall and putting a blast of sunlight on local government with the nation’s first and best Sunshine Ordinance and Sunshine Task Force.
Our first big target in our prototype issue was the Ex-Chron JOA agreement, which we portrayed in an editorial cartoon as two gigantic ostrich heads coming out of a single ostrich body, marked in the belly with a huge dollar sign. Our editorial laid out the argument that we have used ever since in covering the local monopoly and in positioning the Guardian as the independent alternative. “What the public now has in San Francisco, as it does in all 55 or so of 1,461 cities with dailies, is a privately owned utility that is constitutionally exempt from public regulation, which would violate freedom of the press. This is bad for the newspaper business and bad for San Francisco.”
The Guardian prospectus, used to raise money for the paper, bravely put forth our position: “A good metropolitan weekly, starting small but speaking with integrity, can soon have influence in inverse proportion to its size. There is nothing stronger in journalism than the force of a good example.”
It concluded, “The Guardian can succeed, despite the galloping contraction of the press in San Francisco, because there are many of us who feel that the newspaper business is a trade worth fighting for. That is what this newspaper is all about.” And we quoted the famous phrase used by Ralph Ingersoll in the prospectus for his famous PM newspaper in New York: “We are against people who push other people around.”
Our journalistic points were embarrassingly timely. A year before the Guardian was launched, Hearst and the Chronicle had formed the JOA with the Examiner and killed daily newspaper competition in San Francisco. The two papers combined all their business operations — one sales force sold ads for both, one print crew handled both editions, one distribution crew handled subscriptions and got both papers out on the streets. The newsrooms were supposedly separate — but as we pointed out over and over at the time and ever after, the papers lacked any economic incentive to compete.
The San Francisco JOA became the largest and most powerful agreement of its kind in the country, and San Francisco was the only top-10 market in the country without daily competition.
This was all grist for the Guardian editorial mills because the JOAs, most notably the recent SF JOA, were in serious legal trouble. The US attorney general was successfully prosecuting a JOA in Tucson, Ariz., claiming the arrangement was a violation of antitrust laws. Naturally, the local papers were blacking out the story. But if the Tucson deal was found to be illegal, the Chron and Ex merger would be illegal too — and the hundreds of millions of dollars the papers were making off the arrangement would be gone.
The JOA publishers, led by Hearst and the Chronicle, quietly started a major lobbying campaign in Washington for emergency passage of a federal law that would retroactively legalize their illegal JOAs. They called it the Newspaper Preservation Act. Meanwhile, the late Al Kihn, a former camera operator for KRON-TV (which was at the time owned by the Chronicle), had prompted the Federal Communications Commission to hold hearings on whether the station’s license should be renewed. His complaint: his former employer was slanting the news on behalf of its corporate interests. We pounced on these stories with relish.
For example, in our May 22, 1969, story “The Dicks from Superchron,” we disclosed how private detectives under hire by the Chronicle were probing Kihn’s private life and seeking to gather adverse information about him to discredit his complaint and to “harass and intimidate him,” as we put it. Later, I found that the Chronicle-KRON had also hired private detectives to get adverse information on me.
I was a suspicious character, I guess, because I had gone to the KRON building to check the station’s public FCC file on the Kihn complaints, the first journalist ever to do so. The way the story came out at a later hearing was that the station’s deputy director left the room as I was going through the records and called Cooper White and Cooper, then the Chronicle’s law firm. An attorney called their investigators, and four cars of detectives were pulled off other jobs and ordered to circle the building until I came out and then follow me when I left the station to return to my South of Market office. They also surveilled me for several months and even sent a detective into the office posing as a freelance writer. (The head of the detective agency and I later became friends, and he volunteered that I was “clean.” He gave me a pillow with a large eye on it that said “You are being watched.” I displayed it proudly in my office.)
Kihn and I were asked to testify before a Senate committee about the Chronicle-KRON’s use of private detectives at hearings on the Newspaper Preservation Act in Washington in June 1969. I took the occasion to call the legislation “the bill for millionaire crybaby publishers.”
I detailed the subsidies in their special interest legislation: “amnesty, immunity from prosecution, monopoly in perpetuity, the legal right to gun down what few competitors remain, and as the maraschino cherry atop this double-decker sundae, anointment as the preservers and saviors of the newspaper business.” And I summed up, “If you plant a flower on University of California property or loose an expletive on Vietnam, the cops are out of the chutes like broncos. But if you are a big publisher and you violate antitrust laws for years and you emasculate your competition with predatory practices and you drive hundreds of newspapers out of business, then you are treated as one of nature’s noble men. And senators will rise like doves on the floor of the US Senate to proffer billion-dollar subsidies.”
After I finished, Sen. Everett Dirksen (R-Illinois) rose as the first dove and characterized my testimony as “quite a dramatic recital” but said that I had not provided a “workable, feasible solution.” Sen. Philip Hart (D-Michigan) recommended that the publishers ought to “read their own editorials and relate them to their business practices.” Morton Mintz, who covered the hearing for the Washington Post, came up and congratulated me. His story, with my picture and much of my testimony, was on the front page of the Post the next day.
Back in San Francisco the Chronicle published a misleading short story in which publisher Charles de Young Thieriot avoided admitting or denying the detective charge and added he had no further comment. Less than a week later, Thieriot wrote the Senate subcommittee and admitted to the charge, saying the use of the detectives was “entirely reasonable and proper.” This statement, which contradicted his statement in his own paper, was not reported in the Chronicle. The “competing” Examiner also reported nothing — neither the original private detective story nor the Washington testimony nor the Thieriot admission.
Nor did either paper report anything about the intensive JOA lobbying campaign headed by Hearst president Richard Berlin, who twice wrote letters to President Richard Nixon threatening the withdrawal of JOA endorsements in the l972 presidential election if he refused to sign the final bill. This episode illustrated in 96-point Tempo Bold the pattern of Ex and Chron suppression and obfuscation they used to advance their corporate agenda at the expense of the public interest and good journalism, all through the years and up to Hearst’s current monopoly maneuvers with Dean Singleton and the Clint Reilly antitrust suit to stop them.
Perhaps the most telling incident came when Nicholas von Hoffman, in his Washington Post column that was regularly run in the Chronicle, called the publishers “as scurvy as the special interests they love to denounce.” He singled out the Examiner and Chronicle publishers, writing that they were “so bad that the best and most reliable periodical in the city is the Bay Guardian, a monthly put out by one man and a bunch of volunteer helpers.” Neither paper would run the column, and neither paper would publish it as an ad, even when we offered cash up front. “The publisher has the right to refuse to run anything he wants, and he doesn’t have to give a reason,” the JOA ad rep told us. The Guardian of course gleefully ran the censored column and the censored ad in our own full-page ad.
On July 25, l970, the day after Nixon signed the Newspaper Preservation Act, the Guardian filed a major antitrust action in San Francisco attacking the constitutionality of the legislation and charging that the Ex-Chron JOA had taken the lion’s share of local print advertising, leaving only crumbs for other print publications in town. We battled on for five years but finally settled because the suit became too expensive. The Examiner and Chronicle continued to black out or marginalize the story, but they and the other JOA papers gave Nixon resounding endorsements in the l972 election even though he was heading toward Watergate and unprecedented disgrace.
Well, in October 2006 the mainstream press is a different creature. Hearst and publisher Dean Singleton are working to destroy daily competition and impose a regional monopoly. The Knight-Ridder chain is no more, and the McClatchy chain has turned the KR remains into what I call Galloping Conglomerati. Even some alternatives, alas, are now getting chained. Craigslist has become a toxic chain. Google, Yahoo!, and Microsoft (known as GYM in the online world) are poised to swoop in on San Francisco and other cities throughout the land to scoop up the local advertising dollars and ship them as fast as possible back to corporate headquarters on a conveyor belt.
I am happy to report on our 40th anniversary that the Guardian is aware of the challenge and is gearing up in the paper and online to compete and endure till the end of time, printing the news and raising hell and forcing the daily papers to scotch the rumors coming from our power structure exposés and our watchdog reporting. The future is still with us and with our special community and critical mission, in print and online. See you next year and for 40 more. SFBG
STOP THE PRESSES: As G.W. Schulz discloses in “A Tough Pill to Swallow,” (a) Hearst Corp. was fined $4 million in 200l by the Justice Department for failing to turn over key documents during its monopoly move to purchase a medical publishing subsidiary, the highest premerger antitrust fine in US history, according to a Justice Department press release; (b) Hearst was also forced by the the Federal Trade Commission to unload the subsidiary to break up its monopoly and disgorge $l9 million in profits generated during its ownership; (c) Hearst-owned First DataBank in San Bruno was alleged in the summer of 2005 to have inflated drug costs by upward of $7 billion by wrongly presenting drug prices, according to a lawsuit reported in a damning lead story in the Oct. 6 Wall Street Journal. Hearst blacked out the stories. And the Dean Singleton chain circling the Bay Area hasn’t pounced on the stories as real daily competitors used to do with fervor.
STOP THE PRESSES 2: SOS alert to the city and business desks of the “competing” Hearst and Singleton papers: here are the links to the key documents cited in our stories, including federal court records of the Oct. 6 Boston settlement with the Hearst-owned First DataBank (www.hagens-berman.com/first_data_bank_settlement.htm), the Justice Department’s antitrust fine of Hearst in 200l (www.usdoj.gov/atr/cases/indx330.htm), and the Federal Trade Commission decision requiring Hearst to give up its monopolistic subsidiary, Medi-Span (www.ftc.gov/bc/healthcare/antitrust/commissionactions.htm).

Or you can read the Guardian each week in print or online.

Politics, beauty, and hope in the Guardian’s arts pages


Forty years of fighting urbicide — and promoting a very different vision of a city

Static shock

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› a&eletters@sfbg.com
REVIEW When it premiered in New York two years ago, Sam Shepard’s latest play was timed to influence the outcome of the presidential election — an enticingly bold agenda. Of course, if you want to influence elections, as everybody understands by now, you need to be more than bold. You need to be Diebold. And anyway, what politician worries about what’s on an Off-Broadway stage? As political theater goes, Hugo Chávez calling George W. Bush the devil and sniffing out his sulfuric farts before the United Nations has much more oomph to it, in addition to getting at least as big a laugh. Chávez also backed up his warm-up zingers with a real political program. And he reads Noam Chomsky!
Two years and another flagrantly stolen election later, The God of Hell remains less interesting for any recyclable reference to the electoral contest between Democrats and Republicans (two packs squaring off again for dominance in the same corporate-owned kennel) than for the reflection in its bleak farce of something larger: an attempt to redraw the psychic and social landscape. Shepard’s ostensibly simple political broadside — whose call to alarm rings more with absurdist resignation than Brechtian defiance — has nonetheless a wily power curled up inside.
The play — sharply directed by Amy Glazer and leading off the 40th anniversary season of the Magic Theatre, Shepard’s old stomping ground — opens on the home of a dying breed: a Wisconsin dairy farmer and his wife. Emma (played with just the right suggestion of guileless good humor and native smarts by Anne Darragh) loves her indoor plants, which she compulsively waters to within an inch of their lives. Frank (John Flanagan), meanwhile, “loves his heifers,” as his affectionate wife readily explains to Frank’s old friend and their current houseguest, the jumpy and radioactive Graig Haynes (Jackson Davis), hiding from some unspecified disaster out west at a mysterious place called, in a name redolent of real-life nuclear disasters, Rocky Buttes. On the one hand, the couple looks primed to live happily heifer after. On the other, they appear stuck in a semiparadisial oasis amid unforgiving winter and a sea of agribusiness, isolated, alone, stoic, lonely, a little loony, and lost without knowing it — yet.
Emma is in the act of coaxing Haynes from the basement with some frying bacon when a stranger at the door interrupts her. As the pork sizzles, the man (Michael Santo), a business suit we later learn goes by the name Welch, appears to be selling a host of patriotic paraphernalia out of his attaché case. But his pushy demeanor quickly goes beyond the usual sales routine, his interest in Emma’s loyalty and her basement growing downright creepy, exuding an unctuousness and a sly arrogance that perfectly suggest the totalitarian turn in what Frank calls a “country of salesmen.” (Santo, whose face stretched into a thin grin bears an eerie resemblance to our real-life torturer-in-chief, is altogether perfect in the part.)
Shepard’s farmers, while purposefully cartoony, aren’t country bumpkins. Nor are they merely atavistic 1950s farmers, existing wholly in the past and detached from the present (as Welch, with telling condescension, likes to imagine them). Locally speaking, they are savvy and sure. (It’s no joke holding your own as an independent dairy farmer amid government-subsidized corporate behemoths.) Emma in particular is rooted to the very house itself, born on a patch of floor Hayes finds himself standing on at one point.
It’s the world beyond the farm and Wisconsin that the main couple find hard to grasp. In the play’s central irony, Frank and Emma tentatively mark the outer world by reference to a standard pop-cultural conspiracy narrative. But significantly, it’s just that laughable (at first) recourse to the formula of a TV thriller or sci-fi movie that points in the direction of the truth, helping Emma and Frank chart the terrain opened up by the arrival of Haynes and Welch. Long before his old friend resurfaces, Frank has already imagined for him, however vaguely, just the kind of intrigue and danger he turns out to have been undergoing. After passing the seeds of this narrative to his wife (who, as it were, dutifully overwaters them), Frank turns around and mocks her paranoia of government vehicles: “Dark cars. Suspicious. Tinted windows. Unmarked Chevies. Black antennas bowed over.” But we already know she’s right. The terrain of conspiracy, like the empire it limns, stretches in all directions, making borders meaningless except as a demagogic strategy in Welch’s fascist, state-centered patriotism.
The play invokes borders mainly to undermine, comically deflate, or cynically manipulate them. The overall and overwhelming implication is their irrelevance to an imperial might that recognizes no boundaries in the exercise of its will (things don’t need to escalate far before Welch threatens to send a bunker buster through Emma’s kitchen window). The vastness of the system confronting Emma and Frank comes across most dramatically in the unstoppable reach of plutonium — named after Pluto, the god of hell — which here serves as both a literal threat of the system and the ideal metaphor for its poisonous, apocalyptic reach. It’s this geography (real, metaphorical, potential) that the play wants us to pay attention to, since survival depends on some grasp of the lay of the land. SFBG
THE GOD OF HELL
Through Oct. 22
Tues.–Sat., 8 p.m.; Sun., 2:30 p.m.
Magic Theatre
Fort Mason Center, bldg. D, Buchanan at Marina, SF
$20–$45
(415) 441-8822
www.magictheatre.org

Deconstructing Destruction

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“The shattering of paradise” is how Kali Yuga director Ellen Sebastian Chang refers to the 2002 bombing in Bali in which 202 people from 22 nations died. A series of attacks in 2005 killed 23 more. A world indeed had crashed, not only for the Balinese people but for the music and dance lovers who have made pilgrimages to that magical isle where art is integrated into the texture of daily life.
Gamelan Sekar Jaya was particularly hard-hit. With both Balinese and American members, the El Cerrito–based music and dance group has had an ongoing, close relationship with Balinese culture. In 2000, during its last tour, the group received a Dharma Kusuma award, Indonesia’s highest artistic recognition, never before given to a foreign company. So Gamelan Sekar Jaya wanted to address the tragedy in artistic terms. Its members also realized, says company director Wayne Vitale, that “what happened in Bali is a worldwide problem.”
The result is Kali Yuga, directed by Sebastian Chang and choreographed by I Wayan Dibia, with music composed by Vitale and Made Arnawa. Two years in the making, the work will receive its world premiere Oct. 14 at Zellerbach Hall. “We want this to be a gift to the Balinese people,” Vitale explains.
Working closely with poet-journalist Goenawan Mohamad, a vocal critic of the Indonesian government, the collaborators found the seed for the 70-minute piece in the Mahabharata: during the Kali Yuga — the age of chaos and destruction — a prince, challenged by his brother, gambles away everything he owns, including his wife. From this story of male testosterone and female humiliation arises a contemporary parable about the gambling we do with Mother Earth.
At a recent rehearsal in a warehouse in West Oakland, one could sense a little of Bali’s community-minded spirit. Kids roamed freely around the periphery of the performance space. One of the dancers had a baby slung over her shoulder; another would periodically step out to gently redirect the energy of a particularly rambunctious little boy. For a sectional rehearsal, Sebastian Chang knelt on the floor, coaxing the required laughs and stories from two six-year-old girls. Minutes earlier, they had exuberantly twirled all over the place; now they focused diligently on the task at hand.
The team has conceived Kali Yuga as a conflict between two parallel universes, one visible, the other not. Even in the piece’s unfinished state, it appeared that the dancers were keeping to the parameters of Balinese drama. The villain — who in the original tale humiliates the woman by attempting to strip her naked — is wonderfully raucous; the heroine is soft and pliant.
However, even traditional forms allow for innovation, as Sebastian Chang knows from experience. A writer as well as a director, she has worked within many genres and often with young people, hip-hop artists and the poets of Youth Speaks among them. In conceiving Kali Yuga, she wondered about the people in that Balinese nightclub. They must have been young. But who were they? What kind of music did they listen to on that fateful night? What were the dance moves that those bombs cut off so fatally?
Rhythmic sophistication, she also knows, is not unique to gamelan music. Rashidi Omari-Byrd is an Oakland-based rap artist and hip-hop dancer with whom Sebastian Chang has worked in the past. He had never heard gamelan music. Nor was he was familiar with Kecak, the percussive chanting originally performed by Balinese male ensembles. But the match was perfect. In Kali Yuga, Omari-Byrd — a tall, lanky performer who towers over everyone in the show — raps Mohamad’s poetry and break-dances to the musicians’ snapping heads and chack-chacking chant. (Rita Felciano)
KALI YUGA
Sat/14, 8 p.m.
Zellerbach Hall
Lower Sproul (near Bancroft and Telegraph), UC Berkeley, Berk.
$20–$32
(510) 642-9988
www.calperfs.berkeley.edu

EDITOR’S NOTES

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› tredmond@sfbg.com
I get a little nervous when I hear prominent Democratic leaders talking about how important it is to elect John Garamendi lieutenant governor. Republican Tom McClintock, his ugly-right Republican foe, is such bad news that he must be stopped; the checkbooks need to come out and the boots need to hit the ground.
I don’t disagree on one level — but the prospect of a bad lieutenant governor isn’t by any means the scariest thing that could happen in November. In fact, the prospect of another four years of Governor Arnold Schwarzenegger isn’t the scariest thing. That designation is reserved for Proposition 90.
And the situation with Prop. 90 is pretty damn scary.
This is a measure that would effectively end the ability of state and local government to regulate business. It would prevent any new law reguutf8g rents or condo conversion. It would halt most new zoning (and would allow developers to build almost anything they want in Southeast San Francisco). It’s awful, awful, awful.
And right now, it’s way ahead in the polls.
There’s a reason for that: the right-wing backers have carefully hidden the worst of the measure behind language about halting the abuses of eminent domain. If you ask California voters whether the government should be able to seize someone’s house to hand it over to a private developer who wants to build a Wal-Mart, 90 percent of them will say no. And if we hit Nov. 7 and the majority of the electorate thinks of this proposition as a way to protect homeowners, it’s going to pass.
The No on 90 message is a bit more complicated. That’s the problem with this sort of Trojan horse initiative — it’s hard to explain why it’s bad in a 30-second sound bite. But it’s possible: every single public safety group in the state (cops, firefighters, etc.) is against it, as is every major environmental group and some of the big taxpayer-rights groups, who say it will cost the public a fortune and lead to bogus lawsuits.
Explain it right and the voters will get it — but in California, that’s a very expensive proposition.
The airwaves are choked with political TV ads right now. Schwarzenegger and Phil Angelides are beating each other up, the tobacco companies and the health industry are battling over the cigarette tax (Proposition 86), the oil companies and environmentalists are going at it over Proposition 87 — and needless to say, with all the numerical alphabet soup, the public’s attention is a bit scattered.
Without a really big splash in the next few weeks, it will be hard for No on 90 to be heard above the din.
The campaign isn’t by any means floundering. The two main No on 90 committees have raised more than $3 million and have about half of that still in the bank. But $1.5 million isn’t going to be enough to make the case in a huge state where TV time is really expensive.
Most of the money right now comes from political action committees controlled by the League of California Cities, the State Association of Counties, and a few well-heeled businesses. But everyone needs to step up here; all these Democrats who have big stashes of money (Carole Migden, John Burton, etc.) need to get on the stick before we run out of time. SFBG

A real war on crime

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OPINION Once again, with their backs against the wall, Republicans are attempting to stave off political defeat in November by playing to Americans’ fears about safety and security. Central to the conservative playbook for years has been the lie that progressives cannot keep our communities safe.
The reality is that the current, shortsighted approach to public safety, which touts punishment without rehabilitation, has been a failure. One of the starkest examples is the crisis in California’s prison and parole system — and every day that crisis comes home to San Francisco. Thousands of people are being released from behind bars with no plans and few skills or opportunities. More than 1,500 parolees are living in San Francisco at any given time, and thousands more are being released from county jail every year. Of the estimated 125,000 California prisoners who will be released this year, three out of four will end up back in prison by 2009. California has the highest recidivism rate in the country.
Behind every rearrest is a new crime, often with a new victim. Taxpayers also foot the bill — to the tune of more than $34,000 a year for each person who ends up back in prison.
It’s time for a change. We can no longer accept the fact that three out of four former prisoners will be back behind bars within three years. In this progressive city, we are committed to working together to break that cycle of recidivism by channeling former prisoners into productive lives. These programs must target the crucial process of what’s called “reentry,” the release of individuals from state prison or county jails back into their families and neighborhoods.
Two weeks ago, more than 200 reentry experts and service providers, along with government and criminal justice agencies, gathered for the city’s first-ever Reentry Summit. This past year, Supervisor Ross Mirkarimi sponsored a $1.2 million budget allocation to support new reentry programs. We’ve also spearheaded the San Francisco Reentry Coordinating Council, bringing together members from the business sector, labor, key city agencies, the clergy, and community organizations.
Members of the council have pioneered concrete reentry programs that are delivering results. District Attorney Kamala Harris has created a new accountability and workforce reentry initiative for drug offenders called Back on Track. Public Defender Jeff Adachi’s Clean Slate program provides community-education services and programs to clear criminal records to nearly 2,500 people a year. Sheriff Mike Hennessey is poised to open the Women’s Reentry Center, which will provide direct practical support services to women coming out of jail and prison.
While the city is more than doing its part at a local level to address this issue, we cannot do it alone. It is time for the state to own up to its responsibility for rehabilitating parolees and probationers and ensuring their successful return home. With a detailed, sustained, statewide reentry effort, we can guide former prisoners away from crime, reduce corrections costs, and keep our neighborhoods safe. SFBG
Kamala D. Harris, Jeff Adachi, Ross Mirkarimi, and Michael Hennessey
The writers are, respectively, the district attorney, public defender, District 5 supervisor, and sheriff of San Francisco.

East Bay races and measures

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Editor’s note: The following story has been altered from the original to correct an error. We had originally identified Courtney Ruby as running for Alameda County Auditor; the office is actually Oakland City Auditor.

Oakland City Auditor
COURTNEY RUBY
Incumbent Roland Smith has to go. He’s been accused of harassing and verbally abusing his staff and using audits as a political weapon against his enemies. The county supervisors have had to reassign his staff to keep him from making further trouble. And yet somehow he survived the primary with 32 percent of the vote, putting him in a November runoff against Courtney Ruby, who led the field with 37 percent. Ruby, an experienced financial analyst, would bring some credibility back to the office.
Peralta Community College Board, District 7
ABEL GUILLEN
Challenger Abel Guillen has extensive knowledge of public school financing and a proven commitment to consensus building and government accountability. In the last six years Guillen, who was raised in a working-class community and was the first in his family to go to college, has raised $2.2 billion in bond money to construct and repair facilities in school districts and at community colleges. Incumbent Alona Clifton has been accused of not being responsive to teachers’ concerns about the board’s spending priorities and openness.
Berkeley mayor
TOM BATES
This race has progressives tearing at each other’s throats, particularly since they spent a ton of cash last time around to oust former mayor Shirley Dean and replace her with Tom Bates, who used to be known as a reliable progressive voice.
Bates’s reputation has shifted since he became mayor, and his record is a mixed bag. This time around, he stands accused of setting up a shadow government (via task forces that duplicate existing commissions but don’t include enough community representatives), of giving developers too many special favors instead of fighting for more community benefits, and of increasingly siding with conservative and pro-landlord city council member Gordon Wozniak.
The problem is that none of Bates’s opponents look like they would be effective as mayor. So lacking any credible alternative, we’ll go with Bates.
Berkeley City Council, District 1
LINDA MAIO
Incumbent Linda Maio’s voting record has been wimpy at times, but she is a strong proponent of affordable housing, and her sole challenger, Merrilie Mitchell, isn’t a terribly serious candidate. Vote for Maio.
Berkeley City Council, District 2
DONA SPRING
A valiant champion of every progressive cause, incumbent Dona Spring is one of the unsung heroes of Berkeley. Using a wheelchair, she puts in the energy equivalent of two or three council members and always remains on the visionary cutting edge. If that weren’t enough, her sole challenger, Latino businessman and zoning commissioner Raudel Wilson, has the endorsement of the Berkeley Chamber of Commerce. Vote for Spring.
Berkeley City Council, District 7
KRISS WORTHINGTON
Incumbent Kriss Worthington is an undisputed champion of progressive causes and a courageous voice who isn’t afraid to take criticism in an age of duck and run, including the fallout he’s been experiencing following the closure of Cody’s on Telegraph Avenue, something conservatives have tried to link to his support for the homeless. His sole challenger is the evidently deep-pocketed George Beier, who describes himself as a community volunteer but has the support of landlords and the Berkeley Chamber of Commerce and has managed to blanket District 7 with signage and literature, possibly making his one of the most tree-unfriendly campaigns in Berkeley’s electoral history. Keep Berkeley progressive and vote for Worthington.
Berkeley City Council, District 8
JASON OVERMAN
Incumbent Gordon Wozniak postures as if he is going to be mayor one day, and he’s definitely the most conservative member of the council. During his tenure, Wozniak has come up with seven different ways to raise rents on tenants in Berkeley, and he didn’t even vote against Gov. Arnold Schwarzenegger’s special election last year. Challenger Jason Overman may be only 20 years old, but he’s already a seasoned political veteran, having been elected to the Rent Stabilization Board two years ago. Vote for Overman.
Berkeley city auditor
ANN-MARIE HOGAN
Ann-Marie Hogan is running unopposed for this nonpartisan post, which is hardly surprising since she’s done a great job so far and has widespread support.
Berkeley school director
KAREN HEMPHILL, NANCY RIDDLE, NORMA HARRISON
With five candidates in the running and only three seats open, some are suggesting progressives cast only one vote — for Karen Hemphill — to ensure she becomes board president in two years, since the job goes to the person with the most votes in the previous election.
Hemphill has done a great job and has the support of Latino and African American parent groups, so a vote for her is a no-brainer.
So is any vote that helps make sure that incumbents Shirley Issel and David Baggins don’t get reelected.
Nancy Riddle isn’t a hardcore liberal, but she’s a certified public accountant, so she has number-crunching skills in her favor. Our third pick is Norma Harrison, although her superradical talk about capitalism being horrible and schools being like prisons needs to be matched with some concrete and doable suggestions.
Rent Stabilization Board
DAVE BLAKE, HOWARD CHONG, CHRIS KAVANAGH, LISA STEPHENS, PAM WEBSTER
If it weren’t for the nine-member elected Rent Stabilization Board, Berkeley would have long since been taken over by the landlords and the wealthy. This powerful agency has been controlled by progressives most of the time, and this year there are five strong progressives running unopposed for five seats on the board. We recommend voting for all of them.
Oakland City Council
AIMEE ALLISON
When we endorsed Aimee Allison in the primary in June, we pointed out that this was a crucial race: incumbent Patrician Kernighan has been a staunch ally of outgoing mayor Jerry Brown and Councilmember Ignacio de La Fuente — and now that Ron Dellums is taking over the Mayor’s Office and a new political era could be dawning in Oakland, it’s crucial that the old prodevelopment types don’t control the council.
Kernighan’s vision of Oakland has always included extensive new commercial and luxury housing development, and like De La Fuente, she’s shown little concern for gentrification and displacement. Allison, a Green Party member, is the kind of progressive who could make a huge difference in Oakland, and she’s our clear and unequivocal choice for this seat.
From crime to city finance, Allison is well-informed and has cogent, practical proposals. She favors community policing and programs to help the 10,000 parolees in Oakland. She wants the city to collect an annual fee from the port, which brings in huge amounts of money and puts very little into the General Fund. She wants to promote environmentally sound development, eviction protections, and a stronger sunshine ordinance. Vote for Allison.
East Bay Municipal Utility District director, Ward 4
ANDY KATZ
Environmental planner Andy Katz is running unopposed. Despite his relative youth, he’s been an energetic and committed board member and deserves another term.
AC Transit director at large
REBECCA KAPLAN
Incumbent Rebecca Kaplan is a fixture on the East Bay progressive political scene and has been a strong advocate of free bus-pass programs and environmentally sound policies over the years. A former public interest lawyer, Kaplan’s only challenger is paralegal James K. Muhammad.
Berkeley measures
Measure A
BERKELEY PUBLIC SCHOOLS TAX
YES
This measure takes two existing taxes and combines them into one but without increasing existing rates. Since 30 percent of local teachers will get paid out of the revenue from this measure, a no vote could devastate the quality of education in the city. Vote yes.
Measure E
RENT STABILIZATION BOARD VACANCY
YES
Measure E seeks to eliminate the need to have a citywide special election every time a vacancy occurs on the Rent Stabilization Board, a process that currently costs about $400,000 and consumes huge amounts of time and energy. The proposal would require that vacancies be filled at November general elections instead, since that ballot attracts a wider and more representative group of voters. In the interim, the board would fill its own vacancies.
Measure F
GILMAN STREET PLAYING FIELDS
YES
Measure F follows the council’s October 2005 adoption of amendments that establish the proper use for public and commercial recreation sports facilities, thereby allowing development of the proposed Gilman Street fields. Vote yes.
Measure G
GREENHOUSE GAS EMISSIONS
YES
Measure G is a nice, feel-good advisory measure that expresses Berkeley’s opinion about the dangers of greenhouse gas emissions to the global climate and advises the mayor to work with the community to come up with a plan that would significantly reduce such emissions, with a target of an 80 percent reduction by 2050. Vote yes.
Measure H
IMPEACHMENT OF PRESIDENT GEORGE BUSH AND VICE-PRESIDENT DICK CHENEY
YES
In left-leaning Berkeley this is probably the least controversial measure on the ballot. Do we really need to spell out all over again the many reasons why you should vote yes on this issue?
If this measure passes, both Berkeley and San Francisco will have taken public stands in favor of impeachment, which won’t by itself do much to force Congress to act but will start the national ball rolling. Vote yes.
Measure I
AMENDING CONDO CONVERSION ORDINANCE
NO, NO, NO
Measure I is a really bad idea, one that links the creation of home ownership opportunities to the eviction of families from their homes. It was clearly cooked up by landlord groups that are unhappy with Berkeley’s current condo conversion ordinance, which allows for 100 conversions a year. Measure I proposes increasing that limit to 500 conversions a year, which could translate into more than 1,000 people facing evictions. Those evictions will hit hardest on the most financially vulnerable — seniors, the disabled, low- and moderate-income families, and children. With less than 15 percent of current Berkeley tenants earning enough to purchase their units, this measure decreases the overall supply of rentals, eliminates requirements to disclose seismic conditions to prospective buyers, and violates the city’s stated commitment to fairness, compassion, and economic diversity. Vote no.
Measure J
AMENDING LANDMARK PRESERVATION ORDINANCES
YES
A well-meaning measure that’s opposed by developers, Measure J earns a lukewarm yes. It establishes a nine-member Landmarks Preservation Commission; designates landmarks, structures of merit, and historic districts; and may approve or deny alteration of such historic resources but may not deny their demolition. It’s worth noting that if Proposition 90 passes, the city could face liability for damages if Measure J is found to result in substantial economic loss to property — all of which gives us yet another reason to say “vote no” on the horribly flawed Prop. 90 while you’re voting yes on Measure J.
Oakland Measures
Measure M
POLICE AND FIRE RETIREMENT BOARD INVESTMENTS
YES
Measure M would amend the City Charter to allow the board that oversees the Oakland Police and Fire Retirement System (PFRS) slightly more leeway in making investment decisions. The board claims that its current requirements — which bar investment in stocks that don’t pay dividends — are hampering returns. That’s an issue: between July 2002 and July 2005, the unfunded liability of the PFRS grew from $200 million to $268 million — a liability for which the city of Oakland is responsible. We’re always nervous about giving investment managers the ability to use public money without close oversight, but the new rules would be the same as ones currently in place in San Francisco and Los Angeles.
Measure N
LIBRARY IMPROVEMENT AND EXPANSION BONDS
YES
Oakland wants to improve and expand all library branch facilities, construct a new main library at the Henry J. Kaiser Convention Center, and buy land for and construct two new library facilities in the Laurel and 81st Avenue communities. The upgrades and construction plans come in response to residents’ insistence that they need more space for studying and meeting, increased library programs and services, tutoring and homework assistance for children, increased literacy programs, and greater access to current technology and locations that offer wi-fi.
This $148 million bond would cost only $40 a year for every $100,000 of assessed property. Vote yes.
Measure O
INSTANT RUNOFF VOTING
Ranked-choice voting, or instant runoff voting, is a great concept. The city of Oakland is using it to elect officials in the November election without holding a prior June election. There’s only one problem: so far, Alameda County hasn’t invested in voting equipment that could make implementing this measure possible. Voting yes is a first step in forcing the county’s hand in the right direction. SFBG

Back to Black

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By Steven T. Jones
These are busy days, so I suppose I’ll just have to dump out the District 6 dirt just a little at a time. That’s cool, considering tomorrow’s deadline for filing pre-election campaign statement will allow me to plow into the freshest compost for y’all. We’re also having a few technical difficulties in getting the audio from Rob Black’s endorsement interview with us online, but that problem should be solved in the next couple days. And it’s worth the wait to hear him squirm in his seat over tough and legitimate questions about how he’s been doing the bidding of the wrong people for awhile now. Stay tuned.
For now, let’s recap yesterday’s Black press conference (which was held in the City Hall Press Room, despite state laws against campaigning in government offices not open to the general public, and just as the Board of Supervisors meeting was starting down the hall).

Editors notes

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› tredmond@sfbg.com
There’s something scary happening in Bayview–Hunters Point, and it’s not the redevelopment bulldozers.
For some reason that I find hard to understand, community leaders like Willie Ratcliff and Marie Harrison, who are opposed to the Redevelopment Agency’s plan for that neighborhood, have signed on with a frightening gang of radical right-wing property rights advocates. The result: Harrison was standing at an antiredevelopment rally last week urging voters to support Proposition 90, almost certainly the worst piece of legislation to face California voters since Proposition 13 devastated local government in 1978.
Prop. 90 would indeed limit the ability of government agencies to seize private land for other private projects. That’s why the redevelopment foes like it. But it goes much, much further. Under Prop. 90, no local government could do anything — anything — that might reduce the value of private land without paying the owner compensation. That means no new tenant protection laws (which could cost a landlord money). No more zoning laws that reduce the maximum development potential of a lot (of course, that means no zoning controls against luxury condos that would displace local business and residents in Bayview). No new environmental or workplace safety laws.
It also places a swift and powerful kick to the midsection of any effort to seize Pacific Gas and Electric Co.’s local grid and create a real public power system; under Prop. 90’s rules, that would be prohibitively expensive.
I talked to Harrison about this, and she told me she “didn’t read the law that way.” But this isn’t just a matter of opinion; it’s clear fact, and everyone with any sense realizes it.
It gets worse: I was at a New College event Sept. 29 when Renee Saucedo, the immigrant rights lawyer, asked everyone to vote yes on 90. She told me she trusted Ratcliff and Harrison.
Prop. 90 is almost unimaginably bad. If its supporters can make inroads in San Francisco, I’m very afraid. SFBG

Shades of green

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› news@sfbg.com
An assembly of the nation’s premier green architects, engineers, academics, and policy makers was gathered Sept. 28 in the Bill Graham Civic Auditorium, patiently awaiting a keynote address from Mayor Gavin Newsom. The speech was supposed to inaugurate this year’s West Coast Green, the largest residential green building conference in the country.
But the anticipation of the crowd quickly turned to ill humor when it was announced that the mayor had decided to attend another event instead — the grand opening of the biggest Bloomingdale’s west of the Continental Divide.
“I knew it!” one woman at West Coast Green lamented. “I knew he wouldn’t come.”
“He’s at Bloomingdale’s,” another chided.
Newsom spokesperson Peter Ragone said the mayor believed he was scheduled to speak at the conference Sept. 30, and he did. But that was a day for the general public to come and learn about the frontiers of green building. By then, many of the disgruntled architects and planners had already left.
“I have to say that we are all full of contradictions, and we would not be here today unless we were,” said Jim Chace, the director of Pacific Gas and Electric’s Pacific Energy Center, who spoke in the mayor’s slot Sept. 28.
“I promised I wouldn’t take any shots [at Newsom], but this should not be so easy,” Chace continued cheerily. “The fact is that there’s a contradiction here, and contradictions are just a sign in our lives that it is time to look at change.”
Newsom has regularly touted San Francisco as a leader in the emerging field of green building. But the conference and the mayor’s speech snafu raise the question of where the city really stands when it comes to building — not just talking about — green structures.
Green architecture starts with common sense. It’s about properly orienting buildings to the sun and the wind, making sure that insulation actually insulates, and using recycled material instead of finite or environmentally harmful ones.
But in the eyes of industry and government professionals, a building isn’t officially considered green until it passes a national rating system known as Leadership in Energy and Environmental Design, or LEED. Buildings that earn enough credits get one of four LEED ratings: certified, silver, gold, or best of all, putf8um.
When it comes to LEED certified buildings, San Francisco can claim just seven, three of which belong to green architecture firms. That puts the city in fifth place, behind Pittsburgh, Pa. (8); Atlanta (10); Portland, Ore. (11); and Seattle (14).
“There really isn’t much,” Fred Stitt, founder and director of the San Francisco Institute of Architecture, told the Guardian. “About three years ago, I wanted to organize a tour of green buildings in San Francisco, and I couldn’t find any.”
That was before the work had begun on the LEED gold Federal Building and the LEED putf8um Academy of Sciences, which Stitt called “a masterpiece.” Nonetheless, he said San Francisco’s reputation as a driver of the green building movement was undeserved.
“Everyone thinks that Berkeley is a liberal bastion,” Stitt said. “But if you live here, it’s just a Midwestern town with a bunch of homeless people…. San Francisco’s reputation is manufactured the same way.”
Certainly some other cities are doing as much, if not more than San Francisco. This city’s most important green building ordinance requires all new municipal buildings larger than 5,000 square feet to meet LEED silver standards. Yet there are no requirements or incentives for the private sector to build green in San Francisco.
Santa Monica also requires government buildings to be green, but it offers grants up to $35,000 for LEED certified buildings, including those in the private sector. In addition, Santa Monica requires most developers to incorporate four kinds of recycled material into their buildings and to recycle at least 60 percent of their construction and demolition waste.
Likewise, Portland, Ore., was just voted America’s most sustainable city in the 2006 SustainLane Rankings, largely because of its attitude toward green building. Beyond its 11 LEED certified buildings, Portland is brimming with small natural structures like benches and kiosks made from clay, sand, and straw. The city also boasts an entire community of sustainable homes for the homeless, known as Dignity Village.
“Their natural building has totally transformed the spirit of their community, and it feels different than if you walk through Oakland or San Francisco,” Marisha Farnsworth, an architect with the Natural Builders in Oakland, told the Guardian. “I got together with some architects, builders, and designers, and all of us said, ‘Wouldn’t it be great to have city planners come down from Portland and explain to our officials what’s going on up there?’”
That isn’t to say officials in San Francisco have completely missed the memo. The San Francisco Department of the Environment just finished negotiations with the Department of Building Inspection for a new priority permitting program set to be rolled out in the coming weeks. It would allow developers who pledge to build green to get fast-tracked through the bureaucratic morass of the city’s permitting process.
Department of the Environment officials have also worked to reduce the amount of time and money it takes to get a rooftop solar permit. And with the opening of the Orchard Garden Hotel at Union Square on Oct. 12, San Francisco will soon become the first city in the country with a LEED certified hotel.
The point of West Coast Green was to ask how this city and the rest of the country can do more. Should we offer rebates for efficiency consultants to assess how energy is being wasted in our homes and businesses? Can the city offer larger incentives to the private sector or require more rigorous standards for developers? Should PG&E be pressured into pledging more of its public benefit money toward green building?
“Green architecture is still very much emerging,” Eric Corey Freed, one of San Francisco’s top green architects and a host at West Coast Green, told the Guardian. “And although San Francisco is the capital, even here it hasn’t reached the point of ubiquity that we expect it to. We’re still very much in our adolescence. We’re like teenagers with pimples and crackly voices.”
In 100 years, Freed added, history will likely look back on our time as the era of the green revolution. If he is right, perhaps San Francisco will have done enough to be deemed a nucleus of the movement — and important conferences like West Coast Green will take priority over the opening of new shopping malls. SFBG

DARK DAYS

1

by Amanda Witherell

Despite the liberal signing spree that’s left most of the Dems in the state giddy with success, the guv dropped his darkened Terminator-era specs over open government by vetoing Mark Leno’s AB2927. The bill, which had unanimous approval from the House and Senate, would have improved online services for public records requests on all state agency websites, including a simple form to fill out and file electronically. It also would have allowed citizens with denied requests to appeal to the Attorney General for a review and written decision within 20 days. In a press release, Scwarzenegger said that task would be too burdensome for Lockyer’s office, and that because the Attorney General already advises state agencies who may have denied the requests, it would be a conflict of interest.

Cal Aware lawyer and open government expert Terry Franke, pointed out that anyone who read the bill would see that the Attorney General would have the right to request a 30-day extension to the response time in the case of an “unmanageable workload.” In addition, if the denial came from the Attorney General or the Department of Justice, members of the offices not involved with the original decision would be mandated to respond to the review. Also, attorney-client privilege would have trumped this bill, effectively dealing wtih the conflict of interest issue.

This bill really would have just simplified a process and added a layer of unbiased scrutiny to attempts to undermine the public’s right to know.

This is the fourth time a bill of this sort has been vetoed. Stay tuned for round five…

Really scary

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By Tim Redmond

I had a really scary moment tonight.

it started well — I was moderating a discussion on immigration politics at New College, featuring Justin Akers Chacon, who has written a new book called “Nobody is Illegal.” Renee Saucedo, a longtime advocate for immigrants and day laborers, was on the panel, too, and we had a great discussion — until the very end, when Saucedo starting talking about how she was trying to build coalitions between immigrants and African Americans in Bayview Hunters Point, organizing around opposition in that neighborhood the the redevelopment plan.

And out of nowhere, she urged everyone to vote yes on Proposition 90.

For the record, Prop. 90 is almost indescribably horrible. It’s a radical right wing property-rights measure that would instantly halt any new environmental laws, any new rent-control laws, any new workplace safety laws, any new zoning laws, any limits on evictions or condo coversions … it would effectively stop government regulation of private property in California.

So why was Saucedo, a smart lawyer and strong progressive, supporting it? Because Willie Ratcliff, the publisher of the San Francisco Bay View, and Marie Harrison, a candidate for supervisor from District 10, are so dead-set against redevevelopment that they’ve signed on with the worst of the right-wing nuts in the state to endorse a measure that claims to be limiting eminent domain but is so much, much more.

I’ve discussd this with Harrison; she totally doesn’t get it. Neither, for now, does Renee Saucedo. I understand their fear of redevelopment seizing people’s homes — and I understand Saucedo’s desire to build ties with and follow the lead of African American community leaders. But get a clue, my friends. This is embarassing.

If people like Renee Saucedo are getting duped into supporting the worst law to come along in California since Prop. 13, we’re in serious trouble.

Lennon’s boom

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› kimberly@sfbg.com
SONIC REDUCER Which John Lennon did you know? Initially, I was too young to know him as anything more than the moptop behind the chipped bobble-headed garage-sale find — and as one of the songwriters behind my parental units’ token soft-rock gatefold, the Beatles’ Love Songs (Capitol, 1977) (the “White Album”’s “acid rock,” as Moms described it, went way beyond the pale). That’s all the Lennon I could grasp until the Rolling Stone cover pic that accompanied news of his 1980 murder — that coverlineless image picturing a nude Lennon fetally curled around a clothed Yoko Ono. If you dug the raw romanticism of that Annie Leibovitz image and Lennon’s 10-point program to success, excess, then bread-baking, Sean-rearing semiretired rock-star redemption, then you were with us. If you didn’t and you were disgusted, you weren’t — go hang with the Yoko-booing minions at, say, the recent Elvis Costello–Alan Toussaint Paramount show. It was that simple when you were an already media-saturated brat ready to draw battle lines and take pop music dead seriously.
Nowadays, the very undead but still much-pondered Bob Dylan may inspire a higher page count than Lennon when it comes to critical essays, encyclopedias, and that ilk. But I’d venture that Lennon’s influence continues to echo subtly through the culture, starting with the recommended banishing of “Imagine” from Clear Channel airwaves shortly after 9/11 and continuing through to some recent docs, DVDs, and dispatches from his estate.
Ignore the critically mauled 2005 musical Lennon and don’t wait for a Martin Scorsese PBS-approved documentary treatment — though, oh, to glimpse Abel Ferrera’s charred take on Lennon’s Bad Lieutenant–style “lost weekend” with Harry Nilsson. For somewhat unvarnished, intimate footage of Lennon with Ono in their Ascot, England, estate studio and shooting hoops with Miles Davis, check Gimme Some Truth: The Making of John Lennon’s “Imagine” (2000) — the material of Lennon warbling “Jealous Guy” and trianguutf8g in the studio with a very active Ono and a stoic Phil Spector is eye-cleansing.
After sampling Lennon and Ono’s frank BBC interview there, you’ll want even more truth — so turn to last year’s The Dick Cavett Show: John and Yoko Collection DVD, which collects three 1971–72 episodes featuring the gabby couple. It encompasses some of Lennon’s most in-depth US TV interviews, as the relaxed, wise-cracking musician sparred and jabbed with the clearly nervous and very deeply tanned Cavett in between sizable excerpts of Ono’s great Fly and Lennon’s Erection, a cinematic “construct” if there ever was one. Even more astounding than Cavett’s half-baked monologues are the lengthy stretches of airtime devoted to Lennon and Ono explaining their 1972 deportation case — one suspects even Jon Stewart would yelp, “TMI!” — and the pair’s impassioned, controversial performance of “Woman Is the Nigger of the World” (worth it alone to Bay Area–philes when Lennon pulls out a Ron Dellums quote to back up the lyrics) and Ono’s still-nervy, saxed-up “We’re All Water.” The versions of Lennon visible here are familiar and complementary — John as the willful dreamer and the provocative righter of wrongs, be it the plight of American Indians or the lack of consideration given Ono’s art. And one wonders, will network TV ever be quite this maddening — and challenging — again?
Scenes from both The Dick Cavett Show: John and Yoko Collection and Gimme Some Truth surface in The US vs. John Lennon, a new feature film revealing the latest Lennon iteration: the musician as a political animal hounded by the Nixon administration and threatened with deportation. Lennon considered a peace-promoting concert tour following Nixon’s reelection jaunt around the country — and posed a serious enough threat to Tricky Dicky, in the very year millions of 18-year-old Beatles fans were given the vote for the first time, that the US government moved to stop him. Focusing on Lennon’s significance as an activist who devoted his personal life (transforming the Lennon-Ono honeymoon into the peacenik, media-lovin’ bed-in) and considerable platform to antiwar efforts, filmmakers David Leaf and John Scheinfeld (Beautiful Dreamer: Brian Wilson and the Story of “Smile”) worked with documents released as a result of a Freedom of Information Act suit (aided and abetted by Jon Weiner, who consulted and wrote Gimme Some Truth: The John Lennon FBI Files) to make their film. Supported by commentators ranging from Ono and Noam Chomsky to Angela Davis and G. Gordon Liddy, the two have fashioned a sleek, informative primer on the importance of being Lennon and the historical context he emerged from. The only images they wish they had included but didn’t, Leaf told me, were World War II pictures of a bomb-besieged Liverpool and war-torn Japan.
“What’s important to note is that being for peace meant more than being nonviolent for John and Yoko,” he explained from an office in Century City. “This was in their bones, if you will. John saw firsthand what war caused.”
Leaf and his partner have had the film in mind since the mid-’90s, when Lennon’s FBI file was opened. After the disappointments of 2004, it’s intoxicating to imagine an artist and his listeners changing history, and at the very least The US vs. John Lennon allows one to dream, even briefly. Why was Lennon such a menace? “I think what terrifies power the most is truth,” Leaf says. “When truth is spoken without fear of consequence, it is threatening, and when John and Yoko embarked on their campaign for peace, they weren’t promoting themselves or a record but peace or nonviolence.” SFBG
THE US VS. JOHN LENNON
Opens Fri/29 in Bay Area theaters
See Movie Clock at www.sfbg.com

Be a liver

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› andrea@altsexcolumn.com
Dear Andrea:
Many years ago, I contracted the Hepatitis C virus (HCV). I had many partners before tests became available. None, to my knowledge, has contracted HCV from sexual contact with me. I know it’s possible to pass it through sexual contact but it’s very rare. It requires blood to blood contact: someone would need to stick their bloody penis in some equally bloody orifice on my body — not gonna happen! I’m always safe when it comes to anal sex. As for oral, well, that does give the opportunity to examine my partner more closely. Am I obligated to tell every partner I have about my HCV status?
The Centers for Disease Control and Prevention (CDC) consider HCV to be a sexually transmitted disease, but health departments of other countries — Australia for example — do not. My faith in the truthfulness of an agency of the US government in the current political climate is doubtful, especially when it comes to sexual matters.
I’m not a slut, but I satisfy my needs when they arise. I’ve never had an STD of any kind. I don’t know if it matters, but I’m a transsexual woman.
Love,
Liver It Up

Dear Liv:
Nope, doesn’t matter a bit!
It is maddening that we still know so little about sexual transmission of hep C. There are studies, but they contradict each other, are too specific to generalize from, or are otherwise just not capable of answering the big question: can you for sure get this from fucking? Seeing as the virus is pretty common though, there really ought to be more cases of transmission between monogamous non-drug-injecting partners. The cases just aren’t there, so it is tempting to shrug and say, “Guess it isn’t sexually transmitted after all.” If hep C were the common cold, I’d be cool with that, but seeing as it’s the leading cause of liver transplants in the United States and can totally kill you, we can’t be quite that cavalier about it.
It’s worth noting that while the CDC groups HCV with the sexually transmitted diseases on its Web site, it has little to say about actually getting it through sex. Click on the link and you get a list of risk factors (transfusion or organ transplant before routine testing was implemented, injection drug use, etc.) with nary a mention of sex of any sort. And when you dig a little deeper you find this: “HCV can be spread by sex, but this does not occur very often. If you are having sex, but not with one steady partner: You and your partners can get other diseases spread by having sex (e.g., AIDS, hepatitis B, gonorrhea or chlamydia).”
This is really a nice bit of legerdemain: “Sure, it could happen, but we don’t want to be quoted saying it could happen to you, so, uh, don’t get the clap.” I was guilty of the same sort of sleight of hand way back when I was working as a women’s safer-sex educator but really didn’t believe that the population we were reaching was actually at the slightest risk of contracting HIV through sex. No matter how stridently the AIDS establishment insisted that everyone was at equal risk, it wasn’t and still isn’t true, so I’d hand the girls the AIDS-prevention pamphlet I was paid to distribute and then tell them how not to get warts. Win-win, as far as I was concerned.
So do you have to tell everyone? This may be more of a question for that ethics guy than for me, but I kinda want his job anyway, so I’m going to have to say yes. You can play it down, you can say the chances of exchanging enough blood during sex are extremely low and you’ll be using condoms anyway, but since there have been cases of sexual transmission (no, we don’t really know what those people were doing, only what they say they were doing), we can’t pretend that there’s zero risk. “Almost zero” isn’t zero. I’m really sorry.
I had to do this, kind of. I discovered that a forever-ago partner had developed the disease, and as much as I would rather have sporked my own eyes out, I called the people I’d seen since (thankfully, there weren’t many of these) and informed them of the teensy-weensy risk. Nobody cared. I do hope I called them back after I finally got tested … um … all clear, guys, OK?
As for the right-wing antisex conspiracy, well, I’m with you as far as not trusting this administration as far as I could throw them — and really, really wanting to throw them — but the CDC is not so bad (and anyway the World Health Organization agrees with it about HCV). Look up Dr. Julie Gerberding, the Bush-appointed director of the CDC, and you’ll find her support for safer-sex education reviled and her appointment tsk-tsked on the Web sites of Focus on the Family, Concerned Women for America, and Accuracy in Media, among others. The enemy of your enemy is your friend.
Love,
Andrea
Andrea Nemerson has spent the last 14 years as a sex educator and an instructor of sex educators. In her previous life she was a prop designer. And she just gave birth to twins, so she’s one bad mother of a sex adviser. Visit www.altsexcolumn.com to view her previous columns.

Casting off

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

Angelides says bring our troops home

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

Top 5 TIFF moments

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(1) Sarah Polley makes her public debut as a director in the glitzy embrace of a Roy Thompson Hall gala for Away from Her, with the seats packed to the rafters, and gives the audience a manifesto on the importance of government funding and support for Canadian cinema. Yeah! Sarah Polley for cultural ambassador. Now that Lions Gate has picked up the film for distribution, there’s even a happy ending.
(2) Waiting in the green room backstage, I meet Anna Paquin, the little girl from The Piano, all grown up and articulate and serving as a member of the jury making the award decisions on Canadian cinema. We discuss the crowds of fans this year and the odd relationship between acting and celebrity. “Most actors are very shy and timid, you know,” she told me. “Those other people aren’t really actors. They’re celebrities who appear in movies.”
(3) In Away from Her, Julie Christie plays a wise, smart, ironic woman who begins to disappear into an Alzheimer’s fog. During one scene, in which her character, Fiona, seems barely aware of her surroundings, she suddenly snaps to attention as the TV news shows footage of the Iraq war. “Have they forgotten Vietnam?” she asks — more cogently than any administration official these days.
(4) At the “Dialogues: Talking with Pictures” event with Albert Maysles, who was accompanied onstage by documentarian Barbara Kopple, there was a screening of his new film composed of outtakes, The Beales of Grey Gardens. Edith “Little Edie” Bouvier Beale explains in one scene why she’s agreed to do this film with the Maysles brothers. It’s because someone had approached her to do a fiction film based on her life and the notion horrified her. “Imagine, they wanted Julie Christie to play me! I couldn’t have that.”
(5) OK, so not all my top moments are upbeat. On the morning of Sept. 11, I woke up in my room at the Delta Chelsea Hotel to the phone ringing. When I answered, a voice said, “Oh, thank god it wasn’t you.” Huh? It was my friend Susan, who had just heard the news of a triple murder-suicide in a room five floors below mine. I was here on this same date five years ago too. (B. Ruby Rich)
For five more of Rich’s top TIFF moments and additional coverage of the festival, visit www.sfbg.com/blogs/pixel_vision.

Weather channeling

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› a&eletters@sfbg.com
Dancer-choreographer David Dorfman is a poet of the ordinary. He digs below the commonplace and lets us see what’s underneath. Early in his career, with Out of Season, he paired football players with highly trained dancers. Ten years ago he invited his ensemble’s family members to join in performances of Familiar Movements. Both pieces revealed fresh ideas about dance, community, and beauty. They also showed Dorfman to be an artist of sparkling wit with a generous spirit.
In the two pieces that his David Dorfman Dance company made its Bay Area debut with last year, he worked single conceits into exuberant, athletic choreography that resonated beyond its voluptuously evocative appeal. In See Level, sprawled bodies on a studio floor suggested maps of continents, with individual countries that were self-contained yet had relationships with each other. A naked lightbulb inspired Lightbulb Theory, a meditation on death. Is it better, the piece asked in densely layered images, to die quickly or to flicker for a while?
Dorfman’s newest work, the 50-minute underground, opens the Yerba Buena Center for the Arts’ new Worlds Apart series, which according to executive director Ken Foster features artists who “create work that inspires us to think deeply and become responsible citizens of the global village.”
For underground, Dorfman started with history, using local filmmaker Sam Green’s Oscar-nominated documentary The Weather Underground as a jumping-off point. The film documents the activities of the Weathermen (later, Weather Underground). In the 1960s and ’70s, this radical offshoot of Students for a Democratic Society advocated violence to incite change. For Dorfman, the film and his associated research raised questions about individual and social responsibilities when faced with injustice. He also began to wonder about the effect of age on one’s perspective and decision-making process.
Speaking from his home in Connecticut, Dorfman explained that he was a Chicago teenager during the Days of Rage — four days in 1969 when stores and public buildings were attacked in protest of the Chicago Seven trial. “Now, I wanted to look at the idea of resistance against an unwarranted war from the perspective of a man with a 50-year-old body.”
Dorfman’s underground will strike a raw nerve with audiences, though he refuses to narrowly assign blame for the causes of societal unrest. He wants to unearth root causes, not apply Band-Aids. “Yes, of course I feel burned by the elections of 2000 and 2004 and the shameful behavior of our government. But this is not just about the current administration. Much damage was done before,” he said, pointing out that our conversation happened to be taking place on the anniversary of 9/11.
“I try hard to be a good global citizen, and I mourn the needless loss of life. So I want my generation and younger people to look at the nature of activism and what, if anything, justifies the use of force and violence.”
After the June premiere at the American Dance Festival, which occurred during the Israel-Lebanon conflict, a young audience member told Dorfman that he wanted to get off his backside and do something. “I don’t know what that something is,” Dorfman responded. “But we have to talk about it.”
The show stitches documentary footage, photo collages, spoken and projected text, and a commissioned score by Bessie winner Jonathan Bepler to Dorfman’s choreography for his nine dancers — plus some 20 local performers whom he auditioned this month. Though he still loves to work with people he calls “folks who don’t think they can dance,” underground’s choreography requires professionally trained artists.
Reminded of his ideal “to get the whole world dancing,” Dorfman is quick to point out that while realistically war may not always be avoided, perhaps we could learn to tolerate each other, and that dance — “nonsexual, noninvasive physical contact” — just might help.
Besides, he said, “If people are dancing, for that one brief moment they cannot kill each other.” SFBG
UNDERGROUND
Thurs/21 and Sat/23, 8 p.m.;
Sun/24, 2 p.m.
Yerba Buena Center for the Arts Theater
700 Howard, SF
$19–$25
(415) 978-ARTS
www.ybca.org

A vote on Oak to Ninth

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

The terror of Prop. 90

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OPINION San Francisco could see an end to rent control — and minimum-wage requirements and a lot of zoning regulation and environmental protection laws and much more — if Proposition 90 passes this November. We could see an end to limits on condo conversions and an end to requirements that developers build affordable housing units and even an end to limits on the height and density of new developments. That’s because Prop. 90 is a clever trap that purports to restrict the use of eminent domain but in reality eliminates all government regulation of land use.
Prop. 90 really says little about eminent domain; it just uses the notion of restricting the ability of government to seize private land as the bait. Most of the initiative is aimed at ending all government regulation of property. Its concept is simple: if any government regulation reduces the actual or potential value of property — even by a dollar — then the government would have to reimburse the property owner the difference.
For example, if a landlord would be able to get $3,000 a month on the open market for an apartment but rent control limits what a long-term tenant has to pay to $1,500, then the landlord would be able under Prop. 90 to sue San Francisco for the difference. Think about that: about 200,000 rental units in the city are under rent control. Say the average difference between the market rent and the rent-controlled amount is $500 per month. That would mean landlords could collectively sue San Francisco for $200 million each month, or $2.4 billion each year. Since San Francisco obviously can’t afford to put half its annual budget into compensating landlords, there would be no choice but to repeal rent control.
Landlords would also be able to sue for the difference between what their buildings are worth as rental properties and what they are worth as condominiums. Any property owner denied the ability to convert to condominiums could then sue for that difference in value. Since a property subdivided into condos is worth about 50 percent more, this bill would be huge.
The list of disasters goes on and on. If a developer is required to make 15 percent of the units in a housing project affordable, then the developer could sue to make San Francisco pay for the lost income. If zoning laws limit heights in a neighborhood to three stories but a developer wants to build a 10-story condo tower, the developer could sue the city for the lost value of those seven stories of condos.
And it’s not just land-use and tenant protection. The city and the state both have minimum-wage laws; potentially, every business owner could sue to demand compensation for the loss of income that came from mandating higher wages than the market might have allowed. That would be the end of minimum-wage laws. Environmental protection and mitigation could face the same fate.
Prop. 90 is by far the worst measure on this year’s ballot; in fact, it’s the worst measure to come along in quite some time. It’s a plot by right-wingers to gut the ability of government at any level to force businesses and property owners to accept even basic standards of behavior in the name of the public good. The measure hasn’t gotten a whole lot of media attention, but defeating it should be a top priority for every decent Californian. SFBG
Ted Gullicksen
Ted Gullicksen is director of the San Francisco Tenants Union.

One strike and you’re out

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DVD available from Choices Video.

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

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