Government

SFIFF: Fierce perm

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SFIFF Robert Towne has accomplished something rare: in an industry that paradoxically singles out the director of a movie as if he or she were the sole creator of what is actually a collaborative effort, he has tasted fame, received recognition, and secured his place in the history of cinema for writing scripts.

Having started his career penning B-movies like Last Woman on Earth (1960) and The Tomb of Ligeia (1964), and working as a script doctor for impressive projects such as Bonnie and Clyde (1967), Drive, He Said (1971), and The Godfather (1972), Towne truly rose to stardom with Chinatown (1974). This dark, pessimistic tale about power struggles and government corruption in Los Angeles, which garnered Towne an Academy Award for Best Original Screenplay, not only stands up to such noir classics as The Maltese Falcon (1941) and The Big Sleep (1946), but also redefines the whole genre. In J.J. Gittes — as embodied by Jack Nicholson — Towne introduces his own version of a Phillip Marlowe character, tough but hopeless, into a world where crime is hard to detect and impossible to punish, even when committed in broad daylight.

Shampoo (1975) features a Towne screenplay that’s as complex and intriguing as the one he wrote for Chinatown. Yet it takes a secondary role on Towne’s résumé, despite the fact that it yielded an Academy Award nomination. Perhaps this is because Warren Beatty shares Shampoo‘s writing credit with Towne, whereas Chinatown was presented as solely Towne’s creation. (Of course, it’s an open secret today that Towne wrote a different, happy, ending for Chinatown, which director Roman Polanski replaced — fortunately — with a devastating one.) In any case, it’s a pleasant and unexpected surprise that the San Francisco Film Society has chosen to showcase Shampoo while presenting Towne with this year’s Kanbar Award for excellence in screenwriting.

As the critic and teacher Elaine Lennon points out in a 2005 piece for Senses of Cinema, the true complexity of Shampoo‘s script stems from the same element the film has been derided for — its superficially silly comic spirit. Lennon suggests that the many influences detectable in Shampoo include ancient Greek tragedy, the restoration comedies of 17th- and early 18th-century England, and the plays of Molière. All of the above construct poignant social critiques while providing comic relief.

Indeed, Shampoo uses the sexuality that permeates its turbulent and intricately woven Beverly Hills microcosm to farcically comment on the United States of the late 1960s. George (Beatty), the restless hairdresser with a soft spot for his customers, his girlfriend Jill (Goldie Hawn), his ex-girlfriend and lover Jackie (Julie Christie), his other lover Felicia (Lee Grant), and Felicia’s husband and Jackie’s sugar daddy Lester (Jack Warden) not only share the same lovers, they share the same anxiety — a feeling produced by an ever-changing, unstable society. To put it differently, their sexual misbehavior is a manifestation of the fluidity and uncertainty of their lives.

In comparing Shampoo to Chinatown, Pauline Kael perceptively wrote, "Towne’s heroes are like the heroes of hard-boiled fiction: they don’t ask much of life, but they are also romantic damn fools who just ask for what they can’t get." As Kael implies, George is the only character in the film who acts out of a desire for sheer pleasure and lives for the moment. All the others amorally float wherever the wind blows, compromising their true desires in a quest for the seemingly safe environment — the peaceful period of supposed law and order — that President Nixon has promised them.

Shampoo also presents some unconventional, multifaceted perspectives concerning gender issues. George is the poor innocent guy stunning rich women exploit for thrills and then promptly dump. Jill, Jackie, and Felicia are visibly weighing their options and waiting for the best offer, while Lester, although adulterous and money-grubbing, is somewhat sympathetic and humane.

Juxtaposed with the questionable career choices Towne has made over the last couple of decades, Shampoo shines like a bright gem. After 1996’s Mission: Impossible, and 2000’s Mission: Impossible II, one can’t help but wonder whether his rewrite of Alfred Hitchcock’s The 39 Steps (1935) — which he also will be directing — marks a return to more intimate projects such as 1973’s The Last Detail, or furthers his spiralling descent into Hollywood blockbuster hell.
AN AFTERNOON WITH ROBERT TOWNE (includes a screening of Shampoo), Sat/3, 4 p.m., Sundance Kabuki

>SFBG goes to SFIFF 51: our deluxe guide

Peaker plan afloat

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› amanda@sfbg.com

A proposal to build two natural gas–fired power plants is still floating through the city’s planning process, set for approval by the Board of Supervisors as soon as May, but no one seems truly comfortable with the deal.

"It’s not my first choice or my second choice, but it’s the choice I have," Board president Aaron Peskin told the Guardian. The choice seems to be either the city builds newer, potentially cleaner power plants — known as "peakers" because they would be used mainly during times of peak energy demand — or does nothing to shut down the super-polluting Mirant Potrero power plant.

The combination gas- and diesel-burning power plant spews a cocktail of toxins from its stack every year and draws 226 million gallons of water a day from the bay to cool its generators yet it’s mandated by the state to keep operating. The discharge flows back into the bay significantly altered, with microorganisms and fish larvae replaced by mercury, dioxins, and PCBs.

The California Independent System Operator (CAL-ISO), the state agency that oversees electricity reliability, said it would break the Mirant contract if the peakers came online. The city-owned plants would use recycled water and more up-to-date air quality controls, making for cleaner facilities at the two proposed sites — the airport and the intersection of 25th and Maryland in the Bayview.

They also would be city-operated, giving a little more leg to the local public power movement. But they still burn fossil fuel, and at a time when the climate is in crisis and natural gas prices are only rising, many say this isn’t the direction a trend-setting city like San Francisco should be heading.

"This isn’t the progressive way to go," said Sup. Chris Daly. "We need to be more forcefully installing renewables that are municipally owned."

Daly, along with supervisors Ross Mirkarimi and Michela Alioto-Pier and the city’s current power provider Pacific Gas and Electric Co., have lined up against building the peakers in what Mirkarimi calls an "unholy alliance."

PG&E, lobbying under the guise of the "Close It! Coalition," states that the peakers "further San Francisco’s reliance on fossil fuels and add to global warming." The $12 billion utility company currently gets 40 percent of its power the same way and is in the process of constructing several similar plants throughout the state. Nevertheless, the company has submitted detailed proposals to the city and state outlining demand response measures and transmission upgrades that would mitigate the need for more energy.

Mayor Gavin Newsom and City Attorney Dennis Herrera support building the peakers in order to close the Mirant plant, and Sups. Sophie Maxwell, Bevan Dufty, and Jake McGoldrick are carrying the legislation that would seal the contract with Cleveland, Ohio-based Industrial Construction Company to start the $252 million project.

That legislation points out that Mirant’s water permit is set to expire Dec. 31, and the Regional Water Quality Board has indicated it has no plans to renew it unless Mirant upgrades to best practices. This has been suggested as an alternative way to close the plant. When asked whether Cal-ISO’s reliability demands trump the Water Board’s requirements, Cal-ISO’s Gregg Fishman wrote in an e-mail, "What happens if the Potrero unit’s water permits expire? Simply put — we’re not sure."

Beyond that, a number of questions remain: Should the requirement for a full feasibility study for city contracts more than $25 million really have been waived for this project? Is it fair to put the new power plant in the neighborhood that has always endured the lion’s share of the city’s pollution? What if they were on movable barges instead? And has the city been forceful enough with CAL-ISO when it comes to planning the city’s energy future?

Alioto-Pier has introduced two resolutions addressing a couple of these issues. One calls for a straight-up feasibility study — which supporters of the peakers have waived. "The city has a policy of conducting a full fiscal analysis of capital projects over $25 million," Alioto-Pier said in a press release. "This should be no exception." Her other resolution asks for an independent analysis of the whole thing and a revised 2008 Energy Action Plan for the city.

For several years, Cal-ISO has said Mirant could stop operating if San Francisco can provide an alternate "firm" power source in its Energy Action Plan. In 2004, San Francisco’s Public Utilities Commission proffered the peakers, and that became the city’s power plan before adopting the CCA (community choice aggregation) plan for the city to develop an energy portfolio of at least 51 percent renewables.

Though the SFPUC has continuously asked Cal-ISO if the 2004 Action Plan is still the way to go now that the Trans Bay Cable and other line improvements have come into play, Josh Arce, a lawyer for Brightline Defense, which sued to stop the peaker plan, says they’ve been framing the question all wrong: "The PUC has essentially been saying, ‘Does the Action Plan include all four combustion turbines?’ And Cal-ISO has said, ‘Yes, it includes all four.’ Instead, the PUC needs to come up with a new Action Plan and give it to Cal-ISO and say we’re doing this instead."

Alioto-Pier’s resolution, if passed, could prompt a fresh response from Cal-ISO about what the city really needs — one, two, or three peakers, or maybe none at all. Maxwell’s resolution includes a caveat that the city must determine if needs could be met by building smaller plants with fewer than the four turbines currently proposed.

Peskin, who chairs the city’s Government Audit and Oversight Committee and will hear both Alioto-Pier resolutions on May 5, as well as the Maxwell plan to move to build the peakers, told us, "This is one of the toughest decisions that’s been before me in the eight years that I’ve been on the Board of Supervisors."

No one, it seems, really wants to build two fossil fuel–burning power plants on San Francisco soil. But what if they weren’t on our soil? What if they were floating on barges?

Another resolution pending in the Land Use Committee, brought by Mirkarimi, proposes putting the two power plants on barges, which could be moored alongside the city when needed and dispatched elsewhere when they’re not. What if, a few years from now, citizens are able to cut down their power needs, CCA brings more renewables online, and the city finds it no longer needs the 200 megawatts generated by natural gas power plants?

Proponents say it’s an option worth considering if the city really intends to eventually close the plants. Dismantling a facility if the city decides to sell leaches away 20 to 30 percent of its overall cost. But if it’s on a barge, the natural gas, electricity, and mooring lines are simply cast off. A barge would be steadier in an earthquake and continue to float if the sea level rises — a climate change scenario that could swamp both current bayside power plant sites. Barges also can be dispatched to emergencies, leased down the river to other cities in the Bay Area, or sold for a profit. They’ve been in use around the world since the 1940s and have been called a more regional approach to energy planning.

"It’s 145 MW of portable energy," said Rick Galbreath, Mirkarimi’s aide. "You can pull it up, plug it in, and you’re on the grid. It’s really a dynamic solution."

Paul Fenn, the brain behind the city’s CCA plan, points out that if CAL-ISO still insists the peakers are needed now but not in the future, a power barge is the kind of flexible solution that could pay off in the long run. "It’s making a temporary measure for an urgent situation," he said, adding that such a temporary solution should reflect the city’s long-term goals. "If the city is planning to replace them with renewables, it’s important to get the city to make that commitment. This is one of those strategic decisions that’s going to impact the future."

The San Francisco Bay Conservation and Development Commission generally opposes building anything in the bay if it can be built on land first. "The proponents would have to do an analysis and convince our commission that this is really a good idea for the region," said Will Travis, a BCDC spokesperson.

But Dave Nickerson, owner of Houston-based Power Barge Corporation, said he’s looked at the city’s peaker plans and thinks it would cost about $100 million to build a three-CT barge. "We would probably build the plant here and ship it up," he said, pointing out that the city’s turbines are already in storage down in Texas and it’s cheaper to build it in a shipyard. To claims of environmental degradation, he says, "It would have the environmental footprint of a state of the art land-based plant."

He also pointed out that there’s a scarcity of these particular turbines now, which are worth about $1 million more every year. This year it’s around $16.5 million apiece, with $18 million as the projected 2008 price.

Emma Lierley contributed to this story.

Newsom’s missing trees

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OPINION During his 2003 mayoral campaign, Gavin Newsom circulated a beautifully presented eight-page "policy brief" for "A Green and Clean San Francisco." The first four pages were devoted to a pledge to "grow our urban canopy" — a subject near and dear to my heart.

Newsom announced: "As mayor of San Francisco, I will lead the city government and community organizations to make San Francisco a city we can take pride in — a city with green [emphasis mine], clean, and livable neighborhoods." As his first action, he said, "I will grow our urban canopy by placing a priority on tree planting and care."

For good measure, he tantalized us with some goodies: "Visualize 19th Avenue as a welcoming beautiful gateway to the city, lined with trees and planters." He promised to improve the lack of coordination among city agencies and departments involved in street tree planting, care, and planning by using new technologies such as CitiStat. And, most important, he committed himself to addressing the massive underfunding of the expansion and maintenance of the urban canopy.

These promises were made in the context of the long-standing critical state of the city’s urban forest. The candidate put it this way: San Francisco lags behind other communities in providing a vital, vibrant, and ecologically sustainable urban canopy, as well as open space, in the city. San Francisco has an estimated 90,000 street trees. By comparison, San Jose boasts 231,000 street trees. Our urban canopy is full of holes: Friends of the Urban Forest estimates we have only 75 street trees per mile, compared to the national average of 120 trees per mile. That means San Francisco has a little more than half the street trees of similarly sized cities.

Today, after more four years in office, the mayor’s promises are still just that. Nothing close to what he committed to do has been accomplished or implemented. Instead the mayor has relied on press releases, disinformation, and a newly staffed position with a yet-to-be-defined role to publicize his claimed achievements.

As I speak, the mayor has seven full–time press officers polishing his image, which, coincidentally, is the same number — seven — of filled managerial/administrative positions in the Department of Public Works Bureau of Urban Forestry, the division responsible for managing all the street trees in the city. The Department of the Environment has only two-thirds of one position (out of some 65 full-time positions) devoted to urban trees.

The Office of Greening, established in 2005, has had three directors, with no announced action from the latest one since she took over in February. The Greening Vision Council, chaired by the greening director, has been dormant for more than two years. The April 2006 Urban Forest Plan died in the Planning Department. And no one in the Controller’s Office has any direct knowledge of that new technology, CitiStat.

The mayor’s spinning was at its most inventive when he used creative accounting to claim on Arbor Day last year that more than 15,000 trees were added to the city in the years 2004 to 2006, when actual total was closer to 4,800 trees.

So much for "green and clean."

Allen Grossman

Allen Grossman is executive director of the SF Urban Forest Coalition.

Promises and reality

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› sarah@sfbg.com

The Lennar-financed "Yes on G" fliers jammed into mailboxes all across San Francisco this month depict a dark-skinned family strolling along a shoreline trail against a backdrop of blue sky, grassy parkland, a smattering of low-rise buildings, and the vague hint of a nearly transparent high-rise condo tower in the corner.

"After 34 years of neglect, it’s time to clean up the Shipyard for tomorrow," states one flier, which promises to create up to 10,000 new homes, "with as many as 25 percent being entry-level affordable units"; 300 acres of new parks; and 8,000 permanent jobs in the city’s sun-soaked southeast sector.

Add to that the green tech research park, a new 49ers stadium, a permanent home for shipyard artists, and a total rebuild of the dilapidated Alice Griffith public housing project, and the whole project looks and sounds simply idyllic. But as with many big-money political campaigns, the reality is quite different from the sales pitch.

What Proposition G’s glossy fliers don’t tell you is that this initiative would make it possible for a controversial Florida-based megadeveloper to build luxury condos on a California state park, take over federal responsibility for the cleanup of toxic sites, construct a bridge over a slough restoration project, and build a new road so Candlestick Point residents won’t have to venture into the Bayview District.

Nor do these shiny images reveal that Prop. G is actually vaguely-worded, open-ended legislation whose final terms won’t be driven by the jobs, housing, or open-space needs of the low-income and predominantly African American Bayview-Hunters Point community, but by the bottom line of the financially troubled Lennar.

And nowhere does it mention that Lennar already broke trust with the BVHP, failing to control asbestos at its Parcel A shipyard development and reneging on promises to build needed rental units at its Parcel A 1,500-unit condo complex (see "Question of intent," 11/28/07).

The campaign is supported by Mayor Gavin Newsom, Sen. Dianne Feinstein, and District 10 Sup. Sophie Maxwell, as well as the Republican and the Democratic parties of San Francisco. But it is funded almost exclusively by Lennar Homes, a statewide independent expenditure committee that typically pours cash into conservative causes like fighting tax hikes and environmental regulations.

In the past six months, Lennar Homes has thrown down more than $1 million to hire Newsom’s chief political strategist, Eric Jaye, and a full spectrum of top lawyers and consultants, from generally progressive campaign manager Jim Stearns to high-powered spinmeister Sam Singer, who recently ran the smear campaign blaming the victims of a fatal Christmas Day tiger attack at the San Francisco Zoo.

Together, this political dream team cooked up what it hopes will be an unstoppable campaign full of catchy slogans and irresistible images, distributed by a deep-pocketed corporation that stands to make many millions of dollars off the deal.

But the question for voters is whether this project is good for San Francisco — particularly for residents of the southeast who have been subjected to generations worth of broken promises — or whether it amounts to a risky giveaway of the city’s final frontier for new development.

Standing in front of the Lennar bandwagon is a coalition of community, environmental, and housing activists who this spring launched a last minute, volunteer-based signature-gathering drive that successfully became Proposition F. It would require that 50 percent of the housing built in the BVHP/Candlestick Point project be affordable to those making less than the area median income of $68,000 for a family of four.

Critics such as Lennar executive Kofi Bonner and Michael Cohen of the mayor’s Office of Economic and Workforce Development have called Prop. F a "poison pill" that would doom the Lennar project. But its supporters say the massive scope and vague wording of Prop. G would have exacerbated the city’s affordable housing shortfalls.

Prop. F is endorsed by the Sierra Club, People Organized to Win Employment Rights, the League of Conservation Voters, the Chinese Progressive Association, St. Peter’s Housing Committee, the Harvey Milk LGBT Democratic Club, Coleman Advocates for Children and Youth, the Grace Tabernacle Community Church, Green Action, Nation of Islam Bay Area, the African Orthodox Church, Jim Queen, and Supervisor Chris Daly.

Cohen criticized the coalition for failing to study whether the 50 percent affordability threshold is feasible. But the fact is that neither measure has been exposed to the same rigors that a measure going through the normal city approval process would undergo. Nonetheless, the Guardian unearthed an evaluation on the impact of Prop. F that Lennar consultant CB Richard Ellis prepared for the mayor’s office.

The document, which contains data not included in the Prop. G ballot initiative, helps illuminate the financial assumptions that underpin the public-private partnership the city is contemputf8g with Lennar, ostensibly in an effort to win community benefits for the BVHP.

CBRE’s analysis states that Lennar’s Prop. G calls for "slightly over 9,500 units," with nearly 2,400 affordable units (12 percent at 80 percent of area median income and 8 percent at 50 percent AMI), and with the San Francisco Redevelopment Agency "utilizing additional funding to drive these affordability levels even lower."

Noting that Prop. G. yields a "minimally acceptable return" of 17 to 18 percent in profit, CBRE estimates that Prop. F would means "a loss of $500 million in land sales revenue" thanks to the loss of 2,400 market-rate units from the equation. With subsidies of $125,000 allegedly needed to complete each affordable unit, CBRE predicts there would be a further cost of "$300 million to $400 million" to develop the 2,400 additional units of affordable housing prescribed under Prop. F.

Factoring in an additional $500 million loss in tax increments and Mello-Roos bond financing money, CBRE concludes, "the overall impact from [the Prop. F initiative] is a $1.1 to $1.2 billion loss of project revenues … the very same revenues necessary to fund infrastructure and community improvements."

Yet critics of the Lennar project say that just because it pencils out for the developer doesn’t mean it’s good for the community, which would be fundamentally and permanently changed by a project of this magnitude. Coleman’s Advocates’ organizing director Tom Jackson told us his group decided to oppose Prop. G "because we looked at who is living in Bayview-Hunters Point and their income levels.

"Our primary concern isn’t Lennar’s bottom line," Jackson continued. "Could Prop. F cut into Lennar’s profit margin? Yes, absolutely. But our primary concern is the people who already live in the Bayview."

Data from the 2000 US census shows that BVHP has the highest percentage of African Americans compared to the rest of the city — and that African Americans are three times more likely to leave San Francisco than other ethnic groups, a displacement that critics of the Lennar project say it would exacerbate.

The Bayview also has the third-highest population of children, at a time when San Francisco has the lowest percentage of children of any major US city and is struggling to both maintain enrollment and keep its schools open. Add to that the emergence of Latino and Chinese immigrant populations in the Bayview, and Jackson says its clear that it’s the city’s last affordable frontier for low-income folks.

The problem gets even more pronounced when one delves into the definition of the word "affordable" and applies it to the socioeconomic status of southeast San Francisco.

In white households, the annual median income was $65,000 in 2000, compared to $29,000 in black households — with black per capita income at $15,000 and with 14 percent of BVHP residents earning even less than $15,000.

The average two-bedroom apartment rents in San Francisco for $1,821, meaning households need an annual AMI of $74,000 to stay in the game. The average condo sells for $700,000, which means that households need $143,000 per year to even enter the market.

In other words, there’s a strong case for building higher percentages of affordable housing in BVHP (where 94 percent of residents are minorities and 21 percent experience significant poverty) than in most other parts of San Francisco. Yet the needs of southeastern residents appear to be clashing with the area’s potential to become the city’s epicenter for new construction.

San Francisco Republican Party chair Howard Epstein told the Guardian that his group opposed Prop. F, believing it will kill all BVHP redevelopment, and supported Prop. G, believing that it has been in the making for a decade and to have been "vetted up and down."

While a BVHP redevelopment plan has been in the works for a decade, the vaguely defined conceptual framework that helped give birth to Prop. G this year was first discussed in public only last year. In reality, it was hastily cobbled together in the wake of the 49ers surprise November 2006 news that it was rejecting Lennar’s plan to build a new stadium at Monster Park and considering moving to Santa Clara.

As the door slammed shut on one opportunity, Lennar tried to swing open another. As an embarrassed Newsom joined forces with Feinstein to find a last-ditch solution to keep the 49ers in town, Lennar suggested a new stadium on the Hunters Point Shipyard, surrounded by a dual use parking lot perfect for tailgating and lots of new housing on Candlestick Point to pay for it all.

There was just one problem: part of the land around the stadium at Candlestick is a state park. Hence the need for Prop. G, which seeks to authorize this land swap along with a repeal of bonds authorized in 1997 for a stadium rebuild. As Cohen told the Guardian, "The only legal reason we are going to the voters is Monster Park."

As it happens, voters still won’t know whether the 49ers are staying or leaving when they vote on Props. F and G this June, since the team is waiting until November to find out if Santa Clara County voters will support the financing of a new 49er stadium near Great America.

Either way, Patrick Rump of Literacy for Environmental Justice has serious environmental concerns about Prop. G’s proposed land swap.

"Lennar’s schematic, which builds a bridge over the Yosemite Slough, would destroy a major restoration effort we’re in the process of embarking on with the state Parks [and Recreation Department]," Rump said. "The integrity of the state park would easily be compromised, because of extra people and roads. And a lot of the proposed replacement parks, the pocket parks … don’t provide adequate habitat."

Rump also expressed doubts about the wisdom of trading parcels of state park for land on the shipyard, especially Parcel E-2, which contains the landfill. Overall, Rump said, "We think Lennar and the city need to go back to the drawing board and come up with something more environmentally sound."

John Rizzo of the Sierra Club believes Prop. G does nothing to clean up the shipyard — which city officials are seeking to take over before the federal government finishes its cleanup work — and notes that the initiative is full of vague and noncommittal words like "encourages" that make it unclear what benefits city residents will actually receive.

"Prop. G’s supporters are pushing the misleading notion that if we don’t give away all this landincluding a state park — to Lennar, then we won’t get any money for the cleanup," Rizzo said. "But you don’t build first and then get federal dollars for clean up! That’s a really backwards statement."

The "Yes on G" campaign claims its initiative will create "thousands of construction jobs," "offer a new economic engine for the Bayview," and "provide new momentum to win additional federal help to clean up the toxins on the shipyard."

Michael Theriault, head of the San Francisco Building and Construction Trades, said his union endorsed the measure and has an agreement with Lennar to have "hire goals," with priority given to union contracts in three local zip codes: 94107, 94124, and 94134.

"There will be a great many construction jobs," Theriault said, though he was less sure about Prop. G’s promise of "8,000 permanent jobs following the completion of the project."

"We endorsed primarily from the jobs aspect," Theriault said. The question of whether the project helps the cleanup effort or turns it into a rush job is also an open question. Even the San Francisco Chronicle, in a January editorial, criticized Newsom, Feinstein, and Pelosi for neglecting the cleanup until "when it seemed likely that the city was about to lose the 49ers."

All three denounced the Chronicle‘s claims, but the truth is that the lion’s share of the $82 million federal allocation would be dedicated to cleaning the 27-acre footprint proposed for the stadium. Meanwhile, the US Navy says it needs at least $500 million to clean the entire shipyard.

Sup. Ross Mirkarimi said the city should wait for a full cleanup and criticized the Prop. G plan to simply cap contaminated areas on the shipyard, rather than excavate and remove the toxins from the site.

"That’s like putting a sarcophagus over a toxic wasteland," Mirkarimi told us. "It would be San Francisco’s version of a concrete bunker around Chernobyl."

Cohen of the Mayor’s Office downplays the contamination at the site, telling us that on a scale of one to 10 among the nation’s contaminated Superfund sites, the shipyard "is a three." He said, "the city would assume responsibility for completing the remaining environmental remediation, which would be financed through the Navy."

But those who have watched the city and Lennar bungle development of the asbestos-laden Parcel A (see The corporation that ate San Francisco, 3/14/07) don’t have much confidence in their ability to safely manage a much larger project.

"Who is going to take the liability for any shoddy work and negligence once the project is completed?" Mirkarimi asked.

Lennar has yet to settle with the Bay Area Air Quality Management District over asbestos dust violations at Parcel A, which could add up to $28 million in fines, and investors have been asking questions about the corporation’s mortgage lending operations as the company’s stock value and bond rating have plummeted.

To secure its numerous San Francisco investments, including projects at Hunters and Candlestick points and Treasure Island, Lennar recently got letters of intent from Scala Real Estate Partners, an Irvine-based investment and development group.

Founded by former executives of the Perot Group’s real estate division, Scala plans to invest up to $200 million — and have equal ownership interests — in the projects, which could total at least 17,000 housing units, 700,000 square feet of retail and entertainment, 350 acres of open space, and a new football stadium if the 49ers decide to stay.

Bonner said that, if completed, the agreement satisfies a city requirement that Lennar secure a partner with the financial wherewithal to ensure the estimated $1.4 billion Candlestick Point project moves forward even if the company’s current problems worsen.

Meanwhile, Cohen has cast the vagaries of Prop. G as a positive, referring to its spreadsheet as "a living document, a moving target." Cohen pointed out that if Lennar had to buy the BVHP land, they’d get it with only a 15 percent affordable housing requirement.

"Our objective is to drive the land value to zero by imposing upon the developer as great a burden as possible," Cohen said. "This developer had to invest $500 million of cash, plus financing, and is required to pay for affordable housing, parks, jobs, etc. — the core benefits — without any risk to the city."

But Cohen said the Prop. F alternative means "nothing will be built — until F is repealed." He also refutes claims that without the 49ers stadium, 50 percent affordability is doable.

"Prop G makes it easier to make public funds available by repealing the Prop D bond measure," Cohen explained. "But Prop. G also provides that there will be no general fund financial backing for the stadium, and that the tax increments generated by the development will be used for affordable housing, jobs, and parks."

But for Lennar critics like the Rev. Christopher Mohammad, who has battled the company since the Islamic school he runs was subjected to toxic dust, even the most ambitious promises won’t overcome his distrust for the entity at the center of Prop. G: Lennar.

In a fiery recent sermon at the Grace Tabernacle Community Church, Mohammad recalled the political will that enabled the building of BART in the 1970s. "But when it comes to poor people, you can’t build 50 percent affordable. That will kill the deal," Mohammad observed.

"Lennar is getting 700 prime waterfront acres for free, and then there’ll be tax increment dollars they’ll tap into for the rebuild," he continued. "But you mean you can’t take some of those millions, after all the damages you’ve done? It would be a way to correct the wrong."

Editor’s Notes

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› tredmond@sfbg.com

I like Muni. I always have. I know that makes me strange and sick, but I’ve always enjoyed riding the buses and trains, and my kids love riding the buses and trains, and in the end, despite all the problems, it’s one of the great things about San Francisco.

Then there are days like April 20.

It wasn’t an unusual Sunday; sunny, a bit chilly. There was, of course, the grand stoner holiday, and people were flocking toward a 4:20 convergence in Golden Gate Park, but one would think the folks at Muni would realize such a cosmic event was in the offing and plan for it.

One would be wrong.

We joined a small group waiting for a westbound bus at Haight and Divisadero. The sign told us the next bus was coming in five minutes; Michael and Vivian sat on the horribly uncomfortable seats designed to keep homeless people from sleeping on them, and in about 10 minutes along came a 6 Parnassus. It slowed down enough for us to see that it was standing room only (but nowhere near as bad as the 14 Mission is every day), then pulled away without taking on passengers.

Okay: bus too crowded. Driver decides no more passengers can fit safely aboard. It’s called "passing up" a stop, and it happens. Typically there’s another, emptier bus just behind. And sure enough, the sign said a 71 Haight/Noriega would be along in three minutes.

Well, seven minutes, actually — and then the same thing happened again: full bus, no stop. At this point there were maybe 30 people at the bus stop, and some had been waiting quite a while and were getting pissed. After a while, along came another 71 … and passed us up. The corner was getting crowded; people were yelling at the bus, chasing it, running into the street, and trying to climb in the back door when it stopped in traffic. Not exactly safety first.

Eventually we walked, which was fine, except that Vivian, who at six is already a slave to fashion, was wearing shoes that looked lovely but weren’t exactly designed for a hike so she wound up with blisters, and I had to stop and get her some Band-Aids and beg for new socks at a shoe store. Such is life in the big city; I can’t really complain that much.

But there’s an issue here that intrigues me: What is Muni supposed to do in this situation? It doesn’t seem as if this should be an impossible management problem. A Muni controller could, for example, radio the next five buses on the Haight Street line and tell them each to pass up alternate intersections so everyone gets a chance to ride eventually.

I called Judson True, a nice guy who has the unfortunate job of handling press calls for Muni this week, and he told me Muni does the best it can at line management — that in theory, someone watching the Haight Street line should have radioed in the problem (I think the drivers ought to do that too) and a controller should have been able to shift more buses to that line. I suspect this may have been a screw-up. But one thing that happens when you keep cutting the Muni budget is that the ranks of controllers and line managers — those middle-management "bureaucrats" Matier and Ross and the like always whine about — start to thin out. And this shit happens.

You wonder: how often do these people who complain about government spending actually ride the bus?

I’m back

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me at waynapicchu.jpg
After an epic five-week trip to Bolivia and Peru, I’m back manning the news desk here at the Guardian and trying to catch up on what’s happening. And it seems the biggest things that have changed in my absence are my perspective and energy levels.
The Republicans in Sacramento and Mayor Gavin Newsom here in San Francisco are continuing to push draconian cuts to government services rather than having the courage to challenge the mindless “no new taxes” mantra and have the wealthy pay their fair share. And neither the Democrats in Sacramento or Washington D.C., nor the Board of Supervisors here, seem to be doing much to challenge this race to the bottom. It’s not that they don’t understand. In the last two days, we’ve had Supervisor Ross Mirkarimi and Assembly member Loni Hancock in for endorsement interviews, and they powerfully sound the message that something needs to change and they’re willing to work for it. But with the labor unions distracted by infighting, Democratic politicians battling one another (such as Carole Migden and Mark Leno, who we have the unfortunate task of deciding between for our endorsements that come out April 30), the mainstream media both smaller and more trivial, and many other factors stacked against our species finally getting wise to the problems we face, it looks like an uphill battle.
Does all this make me want to flee back to South America? No, it makes me want to renew the fight for truth and justice. How about you?

Leno on Newsom’s budget cuts

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Assemblymember Mark Leno, who is challenging state Sen. Carole Migden in the June primary, responded this afternoon to our editorial on Newsom’s budget cuts.

Migden responded earlier today.

Here’s Leno’s statement:

Dear Bay Guardian Editors,

You are absolutely right to assert that the Federal Government has turned its back on urban America and the Governor’s repeal of the Vehicle License Fee (VLF) has left our City in extremely challenged fiscal health. I agree with you, Tim, that new revenue is needed for the City. Current state law gives local government few options.

For that reason I have and am presently authoring legislation to bring more local control to our revenue streams, so that we can guarantee that San Francisco’s budget is not balanced on the backs of those who can least afford it.

In 2005, I authored AB 799, co-sponsored by the San Francisco Chamber of Commerce, SF Labor Council, Board of Supervisors and the Mayor, which would have allowed San Francisco voters to restore their own VLF which would have brought approximately 70 million new dollars to San Francisco. Unfortunately the Governor vetoed the bill.

I brought the bill back in 2007 as AB 1590. Unfortunately, it got held up in the Senate. I am working with all four co-sponsors to shake it loose this year.

Back in 2003, when cities and counties were faced with huge cuts, I authored AB 1690 to bring more revenue to the local level. The measure would have allowed voters to decide to levy a local income tax, which could have eased our way and pre-empted painful cuts to our local budget. That measure, though passed through the Assembly, was also held up in the Senate.

The Mayor and Board of Supervisors have a great challenge on their hands. The fiscal crisis we face is nothing short of tragic. I will continue to use my voice to argue that the cuts considered must be equitable, and those with the least should suffer the least.

I continue to argue that we have a revenue problem, not a spending problem. To forestall mean spirited cuts, we need to be as creative as possible to create new revenue streams. Otherwise, we will be continually faced with Sophie’s Choices.

Sincerely,
Mark Leno

And thanks to Mark for sending that, and for pushing for state legislation that would give cities more ways to raise revenue. I have always been impressed by his willingness to do that and his creative approaches.

I will note, for the record, that Leno declined to say anything critical of Gavin Newsom and his budget decisions.

Moth Bills, Moth Balls

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The Assembly Agriculture Committee passed two pieces of legislation today authored by Assemblymember John Laird (D-Santa Cruz) and related to the Light Brown Apple Moth controversy.

“We need to back up and walk through each outstanding issue in a science-based, clear way using neutral third party experts,” said Laird, who has been dealing with the LBAM furor since last summer, and has one of the best website’s in terms of tracking the progression of arguments and lawsuits related to the moth.

So, just what will Laird’s legislation do?

ACR 117, an Assembly Concurrent Resolution, calls on the California Department of Food and Agriculture, the Department of Pesticide Regulation, the Office of Environmental Health Hazard Assessment and other relevant state departments to address unresolved health, scientific and efficacy issues surrounding the CDFA’s Light Brown Apple Moth (LBAM )eradication plans.

The resolution passed 5-3, and next heads to the Assembly Appropriations Committee.

“It is the responsibility of our government to demonstrate its LBAM actions are necessary and do not compromise human or environmental health,” said Mr. Laird. “It isn’t the responsibility of the people to demonstrate the reverse.”

AB 2763, the Invasive Pest Planning Act of 2008 – would require the CDFA to create a list of invasive animals, plants, and insects that have a reasonable likelihood of entering California for which an eradication program might be appropriate.

For each invasive on the list, the department would prepare a written assessment on the most appropriate method of eradication. If pesticides were to be used, the assessment would have to discuss application methods, the chemistry of the pesticide and its inert ingredients, impacts on public health and the environment. If a pest was found, the department would have to notify various local agencies, hold public hearings, and comply with other requirements. The bill passed by a vote of 8-0 and next heads to the Assembly Appropriations Committee.

“The California Food & Agriculture’s Light Brown Apple Moth program has led to more contacts with my office than any single issue during my time in Sacramento,” said Laird. “Clearly, the state was not adequately prepared for LBAM. This bill aims to put in place a pest planning process that prevents the kind of public fear and confusion we’ve experienced with LBAM.”

Whether any of these efforts will succeed in derailing the feds’ trade agreement-driven plan to spray for the moth this summer in Santa Cruz, Monterey and the BAy Area counties remains to be seen.

Bill Maxfield

Director of Communications

Assemblymember John Laird

831-596-0910 Mobile

831-425-1503 Santa Cruz

916-319-2027 Sacramento

“Public confidence is at issue,” said Assemblymember Laird, who has been living through the ongoing LBAM spraying nightmare since last summer, when the feds announced they were spraying Laiird’s hometown, “We need to back up and walk through each outstanding issue in a science-based, clear way using neutral third party experts.”

ACR 117, an Assembly Concurrent Resolution that calls on the California Department of Food and Agriculture (CDFA), the Department of Pesticide Regulation, the Office of Environmental Health Hazard Assessment and other relevant state departments to address unresolved health, scientific and efficacy issues surrounding the CDFA’s Light Brown Apple Moth (LBAM )eradication plans. The resolution passed by a vote of 5-3 and next heads to the Assembly Appropriations Committee.

“As stated in the resolution, it is the responsibility of our government to demonstrate its LBAM actions are necessary and do not compromise human or environmental health,” said Mr. Laird. “It isn’t the responsibility of the people to demonstrate the reverse.”

AB 2763, the Invasive Pest Planning Act of 2008 – would require the CDFA to create a list of invasive animals, plants, and insects that have a reasonable likelihood of entering California for which an eradication program might be appropriate. For each invasive on the list, the department would prepare a written assessment on the most appropriate method of eradication. If pesticides were to be used, the assessment would have to discuss application methods, the chemistry of the pesticide and its inert ingredients, impacts on public health and the environment. If a pest was found, the department would have to notify various local agencies, hold public hearings, and comply with other requirements. The bill passed by a vote of 8-0 and next heads to the Assembly Appropriations Committee.

“The California Food & Agriculture’s Light Brown Apple Moth program has led to more contacts with my office than any single issue during my time in Sacramento,” said Mr. Laird. “Clearly, the state was not adequately prepared for LBAM. This bill aims to put in place a pest planning process that prevents the kind of public fear and confusion we’ve experienced with LBAM.”

For more information on the Light Brown Apple Moth issue—including key documents, correspondence, news and other information, visit Assemblymember Laird’s LBAM resource page: http://democrats.assembly.ca.gov/members/a27/moth.htm

###

Bill Maxfield

Director of Communications

Assemblymember John Laird

831-596-0910 Mobile

831-425-1503 Santa Cruz

916-319-2027 Sacramento

Leno, Migden, and the Newsom cuts

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EDITORIAL The closure this week of the venerable Haight Ashbury Food Program, which for more than a quarter century has served hot meals to hundreds of people a day, is another bitter reminder of what a rotten time it is to be poor in San Francisco.

Mayor Gavin Newsom’s approach to the city’s budget problems is to cut programs that serve the needy: Buster’s Place, the city’s only 24-hour drop-in center for homeless people, is closed. The public health nursing program is shutting down. Frontline city workers are getting laid off, and jobs will go unfilled. And there is no talk in the mayor’s office of any sort of comprehensive plan to raise new revenue to close what has become a structural budget gap of more than $300 million.

Yes, a big part of the fault lies in Washington DC and Sacramento. The federal government has abandoned American cities. The state is wracked with its own paralyzing budget problems (caused in large part by Gov. Arnold Schwarzenegger’s decision to eliminate the vehicle license fee). So money that San Francisco used to get without any direct effort — that is, without asking local residents and businesses to pay for it — is gone. And while San Francisco’s representatives in Sacramento have worked hard to win back money for cities and force the governor to moderate his cuts, the fact is that it’s unlikely San Francisco can count on any outside help during the next few years. The ugly budget choices have to be made at home.

That’s why it’s critical that every progressive leader in town be willing to take on the mayor’s brutal budget cuts and push for humane alternatives. That includes the two people running in a highly contested race for state Senate.

Carole Migden and Mark Leno are both seeking progressive support in the June primary. Both have good cases to make based on their records. But we need to see more than just good votes (and good legislation) in the state capital; like a lot of voters, we’re also looking to see which candidate will use the powerful seat and its bully pulpit to promote progressive values in the city.

Both candidates have long connections to the powerful forces that seek to balance the budget on the backs of the poor. Migden is close to Don Fisher, the Republican who pours huge gobs of money into regressive local measures and candidates. Leno has been endorsed by Newsom.

But with the election less than two months away, we’d like to hear both of them say, loudly and publicly, that the Newsom cuts are wrong and unacceptable, that the budget pain should be shared by the wealthy, and that the city needs to look at new taxes before it eliminates any more programs for the needy.

Chevron spinning out

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Yuck. Ecuadorian oil pit. All cleaned up, you say? Photo courtesy of Amazon Watch

As if publicly disputing the credibility of the Goldman Prize weren’t enough, Chevron has gone into serious corporate spin cycle, taking out a full page ad in today’s Chron and penning a guest editorial claiming they’re not to blame for 18 billion gallons of toxic waste dumped in unlined pits in the Amazon rainforest. The repeated cry of Charles A. James, Chevron’s vp and general counsel: It’s not us, it’s the government. Chevron, the parent company of Texaco, which began pumping Ecuadorian oil back in 1964, says noone cared about the environment back then, they’ve cleaned up their mess anyway, and anything left over is the fault of Ecuador’s national oil company, PetroEcuador.

Lawyer Pablo Fajardo and activist Luis Yanza, two natives of Lago Agrio, Ecuador – a small village in the heart of the spoils — were just awarded the Goldman Environmental Prize, what our congresswoman Nancy Pelosi called “on par with the Nobel Peace Prize.” Fajardo put himself through law school to take the lead in a suit against Chevron, claiming the company’s responsible for destroying soil, water, and natural resources. Lago Agrians suffer significantly elevated incidences of cancer, disease, and death.

Chevron, which ignored Fajardo at last year’s board meeting, now has Sam Singer handling spin. Singer’s other recent clients: the SF Zoo, post-tiger attack, and Don Fisher’s Presidio art museum. They also have William Haynes on the case. Why does that name sound so familiar? Yes, a la Kevin Ryan, we have another Bush Administration fall guy washing ashore in the Bay Area.

Reading through Chevron’s website on the lawsuit and taking in the pretty green pictures, it seems like there isn’t a thing wrong with this Amazonian rainforest. Everything’s been cleaned up, and if the indigenous people who live there are getting sick, it’s because they shit where they eat.

But MoFilms, an Oakland-based documentary company, shot footage of the region that shows someone has been wrecking environmental hell down there. Their film, Justicia Now, is screening this Thursday at the Roxie, 8 pm, 3117 16th St. San Francisco. The filmmakers will be on hand to answer questions about the issue and the movie, which they also distribute for free on their website.

China’s internet censorship: what to do?

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For those of us in the free speech and free press line of work, China’s censorship of the internet is a major practical and theoretical issue. Here is a reasoned approach by Peter Scheer, executive director of the California First Amendment Coalition (CFAC). B3

Make no mistake, China’s censorship of the internet is a crime against liberty on a mass scale. Still, American firms can’t just steer clear of the world’s biggest market. What to do?

By Peter Scheer

A milestone of sorts was passed in the first quarter of this year when China blew past the United States to become the biggest internet market in the world. At 225 million users, and still growing at double-digit rates, China’s internet is a business opportunity so grand and irresistible that it can blind normally circumspect people to the moral compromises that cooperation with Chinese government authorities inevitably entails.

I experienced this first-hand when, about a year ago, I made inquiries at the China offices of a number of American law firms to ask for help in comparing internet search results for searches performed inside China–within the “Great Firewall” of government censorship, as it is called–with the same searches performed from locations outside China (and therefore outside the firewall). The law firms demurred, explaining, with commendable candor at least, that they could not risk being observed submitting to Google and Yahoo search terms like “Tiananmen Square” or “Falun Gong”.

Mind you, these were American-trained litigators, the kind of lawyers who barely flinch in the face of a grand jury subpoena, and who spend their careers pushing back against the demands of government authorities. While usually immune to intimidation, they nonetheless feared the repercussions to themselves, their firms, and their clients from the mere act of typing a few search terms into an internet-connected computer. So seductive are the business opportunities in China that the risk of losing them transforms even hardened litigators into wimps.

In conversations with internet entrepreneurs and investors active in China, one often hears arguments that are more rationalization than logic. An internet CEO recently told me that freedom of speech is a “relative” value that, despite its appeal in western democracies, is not appropriate to China. Popular variations on this theme are that freedom of speech is an unaffordable luxury in a country that must be single-minded in its pursuit of economic development; that the people of China are more interested in consumer goods than personal and political freedom; and that westerners’ pressure on China to be more tolerant of dissent is a form of cultural imperialism.

Let’s be clear: Freedom of speech, freedom of political choice, and the rule of law are not relative values; they are absolutes. China’s regime of internet censorship is, without question, a crime against individual liberty on a truly mass scale. That it coexists with a fast-modernizing economy offering its people considerable choice in the economic sphere only makes the curtailment of personal freedom more offensive because less excusable. China does not need to suppress speech to achieve its economic goals. China’s leaders are more cynical than that. They maintain censorship solely to preempt challenges to their monopoly on political power.

This can be seen in the government’s censorship policies. Websites based inside China are subject to content restrictions that are, by design, so uncertain and unpredictable that they force internet companies to censor themselves. Standards that are unknown and unknowable, backed by the threat of license-revocation for companies and jail for individuals, create a pervasive fear that is far more effective than direct regulation at muting opposition to the government and its policies.

Websites based outside China, meanwhile, are subject to blocking by the Great Firewall based not on their content, but on their capacity to create, inside China, large, voluntary online communities that are independent of the government. These include nearly all blogging services, wikipedia and wiki platforms generally (wikileaks included), social networking websites and peer-to-peer technologies of all kinds, including photo-sharing and video-sharing businesses. In other words, the full panoply of internet 2.0 technologies.

Websites commanding vast audiences for user-generated content are seen by authorities as a grave threat. The Chinese government’s worst nightmare, after all, is a lone and anonymous Tibetan uploading to YouTube grainy cellphone videos of rioting police.

What should American internet companies do? To point out that doing business in China is morally compromising is not to say that companies must forswear the world’s biggest market–hardly a realistic option, in any event, for premier internet firms like Google, Yahoo, MSN, and Amazon. And while these companies might prefer to compete in China remotely–basing their servers outside the Great Firewall–government policies force them to set up shop inside China.

Those policies manipulate the firewall to degrade the performance of websites based outside China. Because all data from foreign websites pass through bottlenecks connecting China’s internet with the outside world, and because sensors at those bottlenecks further degrade transmissions across the firewall, non-Chinese websites are experienced from inside China as performing v-e-r-y
s-l-o-w-l-y.

This performance deficit is so substantial–and puts non-Chinese websites at such a huge disadvantage relative to their competitors inside China–that foreign websites must establish a presence inside the firewall. Indeed, Google, despite misgivings, established Google.cn within China in 2007 mainly for this reason, while Yahoo and Amazon crossed the firewall by investing in their Chinese domestic rivals.

American internet companies doing business in China should, for starters, acknowledge the extent of their self-censorship, not hide it or rationalize it or pretend that it is something other than the intensely unpleasant compromise that it is. Spare us the tortured and hypocritical justifications. It helps for companies to admit their complicity; to clarify that all is not as it should be or appears to be; to openly assert their disagreement with Chinese government policies (if they do, indeed, disagree); and to disclose specifics about how their content has been altered to avoid displeasing authorities.

U.S. firms also should do everything they reasonably can to protect their Chinese customers from the surveillance–and worse–of Chinese government authorities. If customer data and identifying information can be stored outside the firewall, beyond the reach of Chinese regulators and courts, they should be, even though that may involve greater costs. While this step does not assure protection of anonymous users (since control of a company’s license to operate in China gives the government considerable de facto leverage, quite apart from territorial limits on subpoenas and other legal processes), it is still meaningful.

If off-shoring of confidential user information is not feasible, companies must take steps to warn their customers about the risks of using their service. And finally, where warnings are not possible or go unheeded, companies should force customers to give their real names when using their websites–which will, in turn, force users to think carefully about what they say or do online. Ironically, the barring of anonymity is the surest means of getting users to appreciate the risks of saying what the government doesn’t want to hear.

Doing business on China’s internet is a messy, though potentially very lucrative, activity. Some companies may be so put off by the messiness that they stay away. For most, however, that is not a viable option. They must learn to be both honest with themselves and honest with their customers.
—-
Peter Scheer, a lawyer and journalist, is CFAC’s executive director. CFAC is involved in a legal initiative to use the World Trade Organization to force China to suspend its censorship of the internet on grounds it violates international treaties on free trade.

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Newsom’s torch plays SF for fools

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First the route for the Beijing Olympic Torch relay was changed, following a brief opening ceremony.
Then, the closing ceremony was shifted to an undisclosed location.

These last minute changes left all the thousands of people who came to support, protest or simply witness the torch’s historic relay thwarted.

And they meant that China has got some relatively upbeat television footage to show back home, featuring an unencumbered torch being run through the protest-free streets of San Francisco! Talk about a far cry from reality.

“Disgraceful and shameful” said Board of Supervisor President Aaron Peskin of the City’s switch and bait.

‘I have every reason to believe this was a well developed plan by Gavin Newsom and his chief of police in conjunction with the government of China and the US State Department,” Peskin continued. “It was designed to please the government of China and give them the TV footage they want to portray to their people. The bottom line is that Newsom has deceitfully and repeatedly misled the public. Frankly, these are the tactics that the Chinese government uses on its people. It’s a move straight from the Richard Nixon playbook.”

Asked if there was evidence to support the City’s decision to redirect the torch relay and relocate the closing ceremony, Peskin said he’d seen and heard none.

“I went down the route at 11 am, the supporters and protesters were all peaceful. This was a large decoy operation. Only Newsom played the people of San Francisco for fools. I don’t care if you were a supporter or an opponent of the torch, people brought their children, families and friends to San Francisco for a once in a lifetime experience. This was the biggest charade perpetuated by any mayor in anyone’s memory and possibly in the history of this town. The only difference between Newsom and President Hu Jintao is none. Both manipulate, are deceitful and do not run transparent governments.”

The torch, which was variously concealed in a waterfront warehouse, shipped to Van Ness with a Quackers bus in tow, and diverted through the Marina to elude protesters, was taken to SFO for a surprise closing ceremony–presumably so it could be shipped out of SF as fast as possible, away from the whiskey and fandangos–and all those people, inconveniently protesting uncomfortable stuff like China’s abysmal track record of human rights abuses and its support of dictatorship in Burma and genocide in Darfur.

A big step for public services

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EDITORIAL The battle against privatization of public resources took a big step forward this week when Sup. Ross Mirkarimi introduced a measure to create a Public Services Advisory Board to monitor what he calls the creeping takeover of city government by private outfits.

The new agency would monitor outsourcing of public services and advise the supervisors on whether it makes fiscal and policy sense to turn city programs over to businesses and nonprofits.

It’s also a chance to push forward on public power, the disaster at the zoo, the move to privatize the golf courses and some parks, Mayor Gavin Newsom’s efforts to hand the city’s information technology infrastructure over to private companies, and the Presidio sellout.

The legislation is the first public effort of a new coalition called San Francisco Commons. The group includes labor, public power, neighborhood groups, and environmental activists and was formed to address the growing problem of the loss of public sector services. It’s a crucial new addition to the city’s political scene: the first organization specifically established to protect public services and public property.

The case against privatization is clear. Private entities aren’t required to make their finances public (even if they’re doing public service work with public money). And companies doing work on city contracts are motivated by profits, sometimes at the expense of the public interest. Typically, when private operators take over public services, the prices go up, worker pay goes down, and the quality of the delivery tanks. Just look at the Presidio, a national park that’s been turned into a private real estate development, or the zoo, where privatization has led to misspent funds, poor conditions for animals, and a tragic tiger escape. Or look at Edison School, the failed experiment in education privatization in San Francisco.

San Francisco ought to be in the forefront of the antiprivatization battle nationwide, and this new group and legislation is a good first step. The agenda for the new advisory board is extensive: the panel needs to look at every large and small privatization move at City Hall. It needs to evaluate and report to the supervisors on the flaws in the mayor’s schemes. It also needs to look forward actively at ways the city can bring more essential services under public control. That includes moving forward on community choice aggregation and then developing a plan to create a full-scale, citywide public power system. Public broadband service ought to be on the agenda, too.

The supervisors should approve Mirkarimi’s bill, and the sooner the better, before Newsom finds some more of San Francisco to put on the block.

Endorsement: Barry Hermanson

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Let’s not fool ourselves: Jackie Speier, the former state senator from San Mateo County, will be replacing the late Tom Lantos in Congress. The odds are pretty good that she’ll emerge with enough votes in the special election April 8 to take the seat immediately, and she’s bound to win the Democratic primary in June and get elected to a full term in November.

And that’s not a terrible thing. Speier’s an experienced legislator, was a solid advocate for consumers and for privacy rights in Sacramento, and is already better on the war than Lantos was. Speier told us that she favors immediate troop withdrawal, and that she would was unlikely to vote for any more appropriations for the war unless the money was earmarked for drawdown and withdrawal activities.

But on a lot of issues, she’s something of a disappointment to progressives in the district. She talks about single-payer health care, but wants to keep the private insurance companies in the picture and she talked a lot to us about forcing consumers to limit medical expenses to contain costs. She wasn’t willing to commit to seeking to overturn the privatization of the Presidio and she supports Don Fisher’s plans to build a private museum there. Although she wants to let the Bush tax cuts expire, she was very, very shaky about raising taxes on the very rich (even capital gains taxes). When we asked her what she would do about preventing the financial-services mess that created the home mortgage crisis, she only said she would be “more willing to support an increased regulatory environment than not.”

In other words, she’s promising to be a mainstream Democrat who’s unwilling to push the edge on a lot of issues that people in her district care about.

So, if only as a protest vote (and to remind Speier that she has to be accountable to the progressives) we’re backing Green Party candidate Barry Hermanson.

Hermanson, who for years ran a small business in town, talks openly not just about ending the war but about dramatically cutting defense spending, which, he points out, sucks up more than 60 percent of the entire federal discretionary budget. He’s for government-run single payer, for tighter regulation of the financial sector and for a massive public investment in infrastructure and green technology.

Michelle McMurry, who is running as a Democrat, is a physician, a smart and articulate person with a thoughtful approach to health care. We’d love to see her stay active in politics, but she needs a bit more seasoning before she’s ready for Congress.

So we’ll go with Hermanson in the April 8 special election.

Chop from the top

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OPINION San Francisco officials released two very different documents last week. The first was a list of the 596 city employees making $150,000 a year or more in base salary. The second was a letter to the 334 patients of the Chronic Care Public Health Nursing program informing them that as of April 15 they will no longer have a public-health nurse helping them manage their illnesses.

You might expect that when the mayor proposes an "across the board" budget cut from city departments because of a looming budget deficit, almost any position in city government would be on the table. You might expect that maintaining services to the most vulnerable city residents would be a priority. But according to these two documents, you’re safe if your salary is $150,000 or more, and you are abandoned if you are poor, frail, and chronically ill.

Last week, Board of Supervisors President Aaron Peskin suggested that instead of just cutting from the bottom, the city also consider cuts at the top. "So let me understand," the Chronicle quotes District Attorney Kamala Harris (No. 55 on the top-earners list), "Aaron Peskin is basically saying we should eliminate all the doctors and lawyers who work for the city."

But Harris didn’t understand. Peskin isn’t proposing to cut all of those 596 positions. He is proposing that in a fiscal crisis, the agenda should include some cutting from the top, not just the bottom.

As a public health nurse in the program slated for closure, I’ve been working to treat and make plans for my patients during the day, while working at night to keep the program open. I’m not worried about my job: nurses are in high demand and there’s comparable pay in many private hospitals. But private health care rarely serves the people I’ve come to know doing this job for the past year: frail, uninsured elderly folks with no families; patients who face language and literacy barriers who can’t navigate the system and use emergency rooms when they feel sick; long-time residents of Laguna Honda Hospital coming back to the community not knowing how to use a cell phone, let alone monitor their diabetes.

As the number of chronically ill people skyrockets, along with the costs of caring for them, it would seem a no-brainer to fund a group of nurses who are experts in keeping those folks out of the hospital. But our health care system still operates on an acute-care model. While Medi-Cal will pay the city much of the expense of sending a nurse to do brief wound care for a diabetic, it pays much less for a nurse to keep that same person healthy enough to avoid the next wound. Calcuutf8g future savings from chronic care health services is hard. So on paper at least, it’s a money-saver, if not the moral choice, to close the program.

When I was in nursing school, my public health professors told me, "in Public Health, you have to be an advocate, because your patients can’t be." But I bet those 596 top earners can defend themselves — and Peskin is right, some of them should be given the opportunity.

Stefan Lynch

Stefan Lynch, RN, is a public health nurse at the San Francisco Department of Public Health and a member of Service Employees International Union 1021.

Emeric Kalman, 1931-2008

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Emeric Kalman, a neighborhood activist well known for his decades-long work of bringing important issues concerning the city’s public services and infrastructure to officials at City Hall, died March 22, on his 77th birthday, after battling cancer for several months.

Trained as a mechanical engineer, Kalman fled communist Romania in 1968 with his wife, Valeria, settled in West Portal, and worked at Bechtel from 1970 to the late 1980s. After retiring, he used his considerable expertise and proficiency with highly technical documents to bring to light waste and inefficiency in numerous city departments.

"Emeric contributed his research, his knowledge from his engineering background, his sense of fiscal prudence and accountability, and his demand for transparency and sunshine to making the city a better place for its citizens," said Joan Girardot, head of the Marina Civic Improvement and Property Owners Association and a former president of the Coalition for San Francisco Neighborhoods.

In 1997, Kalman and fellow watchdog Girardot brought an important story to the Guardian — one that was critical to understanding why the San Francisco Public Utilities Commission (PUC) had failed to make regular repairs to the city’s vast water system, which flows from Yosemite to San Francisco. Kalman and Girardot discovered that by using an accounting trick to create an artificial yearly "surplus," the PUC had been transferring millions of dollars annually since 1979 to the city’s general fund — an amount adding up to half a billion dollars. Instead of going toward the care of the system, the money went to sparing officials the political difficulty of having to raise taxes after the 1978 passage of Proposition 13 drastically reduced municipal coffers. (see "The Water Bond-doggle," 8/27/97).

By that time, Kalman had established himself as a trusted source, having discovered numerous problems with the privatization of Presidio National Park and the San Francisco Zoo earlier in the 1990s. In fact, it was Kalman and Girardot who convinced city officials to force the zoo to at least list all of the facility’s assets before they handed it over to the private zoological society.

Tenacious in his activism, Kalman never walked away from an issue. For example, he joined Girardot and other activists in taking the Recreation and Park Department to task in 1997 when it voted to end all public review of how the zoo spent its annual multimillion-dollar grant from the city. (see "The Secret Zoo," 11/26/97). Since the late 1980s, he dedicated himself, along with Girardot, to the ongoing fight against the city’s neglect of regular repairs to the Marina Yacht Harbor and its overly expensive proposal to overhaul the facility, making it more suitable to the owners of high-end yachts and possible privatization and likely destroying the use of an important public open space in the process. (see "Bay Watch," 2/28/01)

On March 17, the Board of Supervisors passed a resolution commending Kalman for his "outstanding contributions to the community." Sponsored by District 7 Supervisor Sean Elsbernd, with whom Kalman had worked most recently in an unsuccessful fight against the PUC’s proposal to raise water rates, the resolution recognized both Kalman’s stubbornness as well as his gracious demeanor (it was not unusual for him to kiss the hands of female city clerks). "Emeric’s old world gentility and grace, combined with new world zeal for justice and fairness in government, made him a force to be reckoned with and a real asset to San Francisco," Elsbernd said. "He was, in a word, undaunted."

Kalman is survived by his son, Ronald; his ex-wife, Valeria; his sister, Judith Ertsey; his nephew, Robert; and his two grandnieces, Elianna and Roxanna — all residents of San Francisco. In lieu of flowers, the family asks that donations be made in Kalman’s name to the National Alliance for Mental Illness. A memorial service will be held April 2, 12:45 p.m., at the Hills of Eternity Cemetery Chapel, 1301 El Camino Real, Colma.

Savannah Blackwell is a former Guardian reporter.

Editor’s Notes

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› tredmond@sfbg.com

I was away with the kids and missed the state Democratic convention in San Jose, but from what I hear, it was quite the show. The big local news, of course, was that Assemblymember Mark Leno blocked State Senator Carole Migden from winning the party’s endorsement for her reelection bid. That’s a big victory for Leno, who is trying to unseat her.

And the way a lot of my favorite blogs told the story, it was also a victory for the grassroots activists in the party: the Sacramento establishment, they say, was working for Migden.

I don’t think that’s entirely true; both sides had their heavy hitters. And I’m going to sound a note of caution here: Leno and his team papered the hall with some nasty negative fliers attacking Migden, not just for her travails with the Fair Political Practices Commission but for her driving record.

Leno told me he had to educate the delegates in a short period of time and that the fliers contained "nothing but facts." Which is true. But I don’t think he needs to go negative on Migden; she’s doing a fine job of that herself. And the attacks open ugly wounds in the community and could help the third candidate, Marin’s Joe Nation.

Leno needs to keep a tight leash on his campaign team as this heads for the finish.

And now we pause for a brief reflection on the First Amendment.

Matt Smith over at the SF Weekly took a shot at us last week, arguing that our lawsuit would somehow damage his paper’s ability to produce good journalism. Migden was in court this week to argue that the state shouldn’t prevent her from spending campaign money in violation of campaign-finance rules. Both claims rely on a dangerous interpretation of one of the most important pieces of law in the history of the world.

Smith’s theory: since we nailed the Weekly and its corporate parent for predatory pricing violations, we are somehow guilty of seeking to force the chain to cut back its editorial staff.

We heard the same sort of argument in court, and I suspect the Weekly‘s lawyers will trot out the First Amendment on appeal. Gee, they will say, the government can’t tell a newspaper how much to charge for its ads. That’s unconstitutional.

In fact, I think it’s pretty clear that the Weekly, not the Guardian, has been the paper attacking the First Amendment. The whole notion that James Madison had in mind when he introduced the Bill of Rights was that a free marketplace of ideas made for a more free and democratic society. Big chains that swallow independent papers limit that marketplace, particularly if, like the SF Weekly‘s owners, they enforce ideological consistency. Chains that try to kill other papers are even worse. That’s what our lawsuit was about.

Then there’s Senator Migden, whose legal papers cite one of the worst Supreme Court decisions of my lifetime, Buckley v. Valeo, which says that money is speech and that the rich can spend whatever they want on political campaigns. Again, the problem is the marketplace of ideas: if one side can corner the market with cash, there’s no free exchange. Campaign finance laws, properly written, don’t diminish the First Amendment; they enhance it. So do fair-competition laws in the media. Because both promote what Madison had in mind — a level (or at least relatively fair) playing field of ideas.

The price of gold

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› news@sfbg.com

Five years ago, the overseers of San Francisco’s iconic Golden Gate Bridge were facing a $454 million budget deficit. That figure was larger than the gross domestic products of East Timor, the west African country of Gambia, and the Independent State of Samoa.

Investigative reporter Thomas Peele of the Contra Costa Times decided to try and figure out how a bridge in the United States could amass a funding shortfall that dwarfed the economic output of entire nations. For one, he reported in a 2002 story, the Golden Gate Bridge, Highway, and Transportation District used money from the tolls paid by motorists to bankroll an expensive transit system that includes a network of buses in Marin County and a fleet of ferry boats that collectively cost millions per year to operate.

Peele also discovered that the bridge’s 19-person board of directors, some members of which live far from the Bay Area, spent more than $56,000 over a two-year period just to cover trips — including meals, rental cars, and hotels — to regular meetings at the Golden Gate’s administrative offices in San Francisco.

The embarrassed district promised reforms and vowed to get its economic house in order.

But five years later, we’ve learned, very little has changed.

The district touts its substantial cuts in overhead, insisting everything possible has been done to avoid raising the toll on motorists. But the Golden Gate Bridge District’s financial problems aren’t going away — and the only solution the administration can come up with is perpetual toll increases.

Even that answer poses huge problems. The bridge doesn’t expect that the actual volume of toll-paying motorists, or the ridership on its buses and ferries, will rise in the near future at the same pace as its expenses, which are largely consumed by employee salaries, benefits, and other perks that the district’s hundreds of workers, including its board members, enjoy.

Public records show today that the district pays for health insurance for 14 of the (very) part-time directors. Last year alone, that insurance combined cost $48,000 — even though several of the board members, including two mayors and four county supervisors, are already eligible for insurance coverage in their home counties.

The bridge district’s projections show vast deficits stretching off into the next decade — and if the problem isn’t solved, a public transit system will be at risk. Riders, among them a high number of business commuters, make 9.4 million annual trips on Golden Gate’s transit system. If the fiscal mess continues unabated, the board will either have to hike tolls to larger numbers ($10, $15, $20?) or start cutting back on the buses and ferries.

The only alternative, says Golden Gate board member and San Francisco supervisor Gerardo Sandoval, may be to ask state lawmakers for the right to change the district’s charter so it can raise money a different way, such as through sales or parcel taxes.

But many of the board members, who benefit from the lucrative sinecure and the power of this bureaucracy, don’t want to take that risk. "Their fear is that if they go to Sacramento, no one’s going to ask them their opinion," Sandoval told us. "The end result is going to be some legislation that significantly changes the way the bridge is run."

BUY A BIB, SAVE A BRIDGE


Bridge officials say the projected deficit was a lot worse five years ago, before they instituted cost-cutting measures. The biggest cuts came in the form of eliminating nearly 200 positions, about a fifth of the workforce. The district also instituted a hiring freeze and forced workers to negotiate wage rollbacks and share more of the costs of their medical coverage.

Bus services from the district’s fleet of 200 were reduced by 22 percent in March and November of 2003, and taking a bus from Marin to San Francisco now costs 34 percent more than it did five years ago. The weekday fare for a ferry from Larkspur to San Francisco was raised a whopping 118 percent, and available ferry seats were reduced 23 percent by cutting trips. It can cost between $7 and $8 one-way to ride Golden Gate’s ferries and buses today.

But over the next five years, the district still anticipates its deficit will reach $91 million.

So after raising the toll five years ago, bridge officials want to do so again as soon as September. Motorists would pay $6 in cash, $5 if using a FasTrak prepaid device, and $3 instead of $1.50 for disabled drivers.

"It seems pretty clear that the [bridge’s] staff is driving the board of directors, and not the other way around, toward infinite toll increases," Sandoval said. "It’s a ludicrous idea, but that’s the only one they have right now."

Earnest bridge staffers point out in reports prepared for the public that they’ve implemented "revenue enhancements," such as putting out a donation box for visitors who might be willing to give up some pocket change and creating special sales programs at the gift shop.

Online trinkets for sale have even been expanded. At Goldengate.org you can purchase a piece of the bridge’s original cable for $175 or an $8 baby bib that reads "Golden Gate Bridge: Big, Strong and Awesome, Just Like My Dad."

But that’s not going to add up to $91 million.

Meanwhile, the anticipated deficit doesn’t even include capital projects like the nearly $185 million the district wants to spend overhauling and replacing its buses and ferries, or the $36 million it hopes to spend over the next 10 years deterring suicides, which are perhaps the second best-known feature of the Golden Gate Bridge after its aesthetic beauty.

And, of course, the bridge constantly needs repainting, thanks to the wind and salt air. "There’s more [required] maintenance on the Golden Gate Bridge than any other bridge in the country because of where it’s at…. It has to be looked after everyday by a crew of ironworkers and painters and whatever else is needed," said board president John Moylan.

The district’s largest operating expense involves paying the remaining 836 full- and part-time workers at the bridge and granting them fringe benefits like insurance coverage and supplemental pensions. This year alone salaries and benefits will cost about $100 million.

THE RED INK MOUNTS


About 60 percent of the district’s budget goes toward keeping its ferries and buses running, but key performance measures show that Golden Gate’s transit system does poorly in three crucial areas, including cost efficiency and effectiveness. When compared with national averages, Golden Gate Transit has one of the top five highest operating costs per "vehicle revenue mile" — a barometer of efficiency — out of the 150 largest transit agencies nationwide, making it more inefficient than BART, AC Transit in Alameda County, and the transportation authorities in Santa Clara and San Mateo counties, according to 2005 figures maintained by the federal Department of Transportation.

It’s common for transit systems to rely on government subsidies, and few environmentalists have sympathy for drivers who whine about toll increases from the comfortable interiors of their automobiles. Mass transit is the future of urban living.

"The Golden Gate Bridge may not be as efficient as other comparable systems," Sandoval said, "but if we abandon the investment we have made in mass transportation, it will really leave us with poor options in the years to come."

Alan Zahradnik, Golden Gate’s director of planning, adds that the bridge’s buses and ferries are dissimilar to other transit systems around the country because they tend to carry fewer commuter passengers over greater distances mostly during peak hours compared to transportation authorities like San Francisco’s Muni and AC Transit.

"It’s more expensive to provide suburban, fixed-route transportation," Zahradnik said.

Nonetheless, without an increase in the toll for motorists, the bridge expects to sustain annual deficits for each of the next 10 years until the red ink reaches $290 million.

So it would seem that if the district is asking everyone to tighten their belts, its board of directors should probably do the same. The extraordinarily large 19-member Golden Gate board contains more than twice as many directors as the seven-member board that oversees Muni’s trains and buses and the nine-member board that governs BART.

That’s a throwback to history. When the bridge district formed in 1928, several counties north and south of the span were asked to participate in the $35 million bond issue required to construct a road across the Golden Gate, and although the bonds were paid off decades ago, each of those counties still receives representation on the board.

"There have been attempts to topple the bridge district in the past, but they’re so hard-wired, it’s been impossible," said Susan Deluxe, a Tiburon resident and long-time critic of the district.

The list includes two counties located far to the north, Mendocino and Del Norte — the latter bordering Oregon. But the board’s structure hasn’t been tinkered with since its formation.

When asked whether the far-flung board has outlived its usefulness, the representative from Del Norte County, Gerald Cochran, explained that the distant jurisdictions help diminish tension between the representatives from San Francisco and Marin, who frequently argue over who should contribute more to maintain the bridge. Besides, he said, Del Norte stepped up to help make the Golden Gate Bridge happen in the first place.

"It’s not what we do today," Cochran said, "it’s what we did 75 years ago to get this bridge built. We make our contributions."

The travel expenses of the two directors representing Del Norte and Mendocino counties were the highest board-meeting travel costs he found back when Peele first reported on the board’s budget — $42,404 to cover trips from their home counties to San Francisco for regular board meetings over two years.

In 2002, bridge officials told the public that the district’s top-heavy administration would spend less along with everyone else to save money. The newest $6 toll was proposed "with the understanding that staff will continue to focus on finding internal cost savings," one staff report promised.

But that’s not exactly what new numbers we obtained from the district through a public records request show. Transporting distant directors to district meetings over the past two years cost more than $54,000.

Exasperated district staffers respond that travel for board members to conferences around the globe has already been trimmed and the number of regular meetings they hold in San Francisco were cut to save on the $50 stipends board members traditionally earned per meeting for serving.

A HEALTHY PERK


A majority of the directors receive health insurance coverage from the district, either Blue Shield or Kaiser — a perk that few other part-time boards in the state offer. Last year, that cost $48,000.

But many of the directors already receive coverage from plans in their home counties. The bridge paid $1,200 last year to cover Mike Kerns; he is also a Sonoma County supervisor, where he’s on a second plan that includes life, dental, vision, and health coverage — and costs taxpayers there about $63,000 annually, the clerk of Sonoma County’s board told us. Kerns was on vacation when we called his office at press time.

Board member Albert Boro receives health insurance through the bridge, but taxpayers in San Rafael, where he’s the mayor, pay an additional $19,000 annually to cover him there, according to figures provided by San Rafael’s city manager.

But Boro told the Guardian that the bridge coverage is "secondary and it’s only utilized when my primary doesn’t cover something…. It’s not a premium in the sense that it might be through the city [of San Rafael]."

Three San Francisco supervisors participate in the plan offered here for county employees, which annually costs taxpayers approximately $10,500 per person, according to the controller’s office. But the bridge also covers those individuals. The list includes Tom Ammiano, Jake McGoldrick, and Gerardo Sandoval and costs a total of $14,000 to cover all three of them, according to district numbers we requested.

Ammiano said the benefit could be done away with if it truly became a burden on the bridge’s budget. "That would take the will of the board," he said. "[Doing away with it is] not something I would be against, but I can only speak for myself."

Board director Bevan Dufty, also a San Francisco supervisor, declined to sign up for the coverage when he joined the bridge’s board in 2005.

"I had insurance and it seemed duplicative to me … I meet with people every day who don’t have insurance from all walks of life and so I felt fortunate," Dufty said.

Only about 12 percent of the 450 or so special districts that responded to a survey two years ago asking about health coverage said they offered such benefits to their directors or trustees, according to Neil McCormick, head of the California Special Districts Association. The group represents around 900 waste management, utility, fire, and recreation districts across the state. The Golden Gate district is not a member.

The real problem here is that after the district retired its bond debt in 1971, it never came up with an adequate revenue source to cover all of its operating or capital costs. Bridge officials never sought from state lawmakers a mechanism, for instance, to borrow money at a fixed rate, like school districts do.

So what will the bridge do in five more years? Nobody seems to know. According to San Francisco board member Janet Reilly, "That’s the $64,000 question…. There’s only so much toll tolerance among drivers."

“Protest in Paris 1968: Photographs by Serge Hambourg”

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REVIEW While most Americans equate 1968 as the ground zero of political tumult in Chicago, New York City, and throughout the South, the revolutions that spread across Europe that year were of equal historical importance. Largely a reaction to the political asphyxiation of post–World War II policy and a much larger rejection of the feudal monarchist, industrial-capitalist, and communist regimes that had subjugated the masses for many years, the continent was suddenly positioned at the precipice of deconstruction. To paraphrase a Nietzsche epigram that appeared in spray paint frequently that year, Europe was discovering "the chaos inside to give birth to a dancing star."

The University of California, Berkeley Art Museum’s "Protest in Paris 1968: Photographs by Serge Hambourg" relives and reveals this spirit through the incredible work of former Le nouvel observateur photographer Serge Hambourg. Capturing the protests that began in the suburbs of Paris in March of that year and quickly spread throughout the country by May, Hambourg’s lens centers on the students, artists, and anarchists who swept up and down the Left Bank.

Some of Hambourg’s photographs capture an air of comedy: one shows the very photogenic Nanterre student leader Daniel Cohn-Bendit shouting down the superannuated Surrealist poet Louis Aragon before a delighted crowd. Other photos — such as the image of a gas grenade shown in close-up before being thrown into a crowd — convey how quickly the protests degenerated into violence. As with the Parisian nouvelle vague auteurs, Hambourg redefines the city’s streetscapes from the singular moments of Eugène Atget or Henri Cartier-Bresson as a kinetic intersection of bodies and machines — everything in the process of becoming. As the protests wound down and the Gaullists regained control, the photos depict a city picked clean of its history — a Pyrrhic victory for the government.

PROTEST IN PARIS 1968: PHOTOGRAPHS BY SERGE HAMBOURG Through June 1. Wed., Fri.–Sun., 11 a.m.–5 p.m.; Thurs., 11 a.m.–7 p.m. UC Berkeley Art Museum, 2626 Bancroft, Berk. $4–$8 (free first Thurs). (510) 642-0808, www.bampfa.berkeley.edu

New Deal Feted

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By David Carini

The New Deal turned 75 yesterday, March 31st. About 150 people turned out to the Koret Auditorium in the main SF library to mark the occasion and to listen to a six-person panel discuss the series of landmark government initiatives. Supervisors Chris Daly and Ross Mirkarimi, two authors and two union organizers called for a return to the core principles of social justice and fair treatment that led to such things as minimum wage laws and the formation of social security.

“They did it in the 30’s, we can do it now,” Harvey Smith, adviser to the Living New Deal Project, told the audience. Smith was upset over the potential privatization of the Cow Palace, and joked that the city may sell of chunks of Golden Gate Park soon.

Sup Daly’s main concern was affordable housing and making sure the city represents ordinary people instead of big downtown businesses. “We don’t have enough resources to fund what we need, like schools and hospitals because we give corporations too many tax loopholes,” Daly said.

The panel urged the audience to organize their communities in fighting the privatization of San Francisco, which they said would make this city a haven for the elite. “The New Deal wasn’t just a gift from Congress, workers had to fight for it. If change is going to happen, it will be from the bottom up,” labor activist Karega Hart said.

Mexico’s comeback kid

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MEXICO CITY — As Andres Manuel Lopez Obrador (AMLO), the leftist firebrand whom millions of Mexicans consider their legitimate president, made his way to the podium in the packed Zocalo plaza here March 18th, the 70th anniversary of the expropriation and nationalization of an oil industry now threatened with re-privatization, hundreds of senior citizens, AMLO’s firmest followers, rose as one from their seats of honor at the side of the stage, raised their frail fists in salute, and chanted that, despite the cobwebs of old age, they do not forget. “Tenemos Memoria!” We Have Memory!

What did they remember? Tiburcio Quintanilla, 83, remembers how when President Lazaro Cardenas called upon his countrymen and women to donate to a fund to pay indemnities to the gringo oil companies, he went with his father to the Palace of Bellas Artes and stood on line for hours with their chickens, their contribution to taking back “our chapopote (petroleum).” I was born in the same week that Lazaro Cardenas nationalized Mexico’s oil, I tell Don Tiburcio. I’m only a kid.

Up on the same stage from which he directed the historic seven-week siege of the capital after the Great Fraud of 2006 that awarded the presidency to his right-wing rival Felipe Calderon, AMLO looked more grizzled, weather-beaten, a little hoarse after two years on the road relentlessly roaming the Mexican outback bringing his message to “los de abajo” (those down below) and signing up nearly 2,000,000 new constituents for his National Democratic Convention (CND), which is increasingly embroiled in a bitter battle for control of the center-left Party of the Democratic Revolution (PRD.)

Now Lopez Obrador has thrust himself into the leadership of the movement to defend the nation’s oil industry (PEMEX) from privatization in the guise of Calderon’s energy-reform legislation.

Calderon and his cohorts seek to persuade Mexicans that PEMEX is broken, the reserves running out, and the nation’s only hope lies in deep-water drilling in the Gulf of Mexico. Drilling for what the Calderonistas describe as “The Treasure of Mexico” in a widely distributed, lavishly produced infomercial, will require an “association” with Big Oil. But as many experts, such as Cuauhtemoc Cardenas, son of the president who expropriated the oil in the first place, point out, it is not at all certain that these purported deep sea reserves are actually in Mexican waters.

AMLO’s March 18th “informative assembly” of the National Democratic Convention was certainly the most emotional since he convoked the CND on Independence Day in September 2006, after the courts had designated Calderon as president. Poised under a monumental tri-color flag that furled and unfurled dramatically in the spring zephyrs, and addressing tens of thousands of loyalists in the heart of the Mexican body politic, Lopez Obrador told the story of Mexico’s oil.

Oil is a patriotic lubricant here, and AMLO is imbued in what historians once called revolutionary nationalism, the apogee of which was Lazaro Cardenas’s March 18th 1938 order expropriating the holdings of 17 Anglo-American oil companies who were about to secede from the union and declare themselves “The Republic of the Gulf of Mexico.” AMLO recalled how the companies had defied a Supreme Court order to pay $26 million USD to the nation’s oil workers leaving General Cardenas (he had been a revolutionary general) no option but to take back Mexico’s oil. How patriotic Mexicans like Don Tiburcio and his father lined up to pay off the debt with their chickens and family jewels. Cardenas’s subsequent creation of a national oil corporation, “Petrolios Mexicanos” or PEMEX, was seen as the guarantee of a great future for Mexico.

But things have worked out differently.

“Privatization is corruption!” AMLO harangues, “The oil is ours! La Patria No Se Vende!”

“La Patria No Se Vende, La Patria Se Defiende!” the crowd roars back, “The country is not for sale, The country is to defend!” “Pais Petrolero, Pueblo Sin Dinero” – “Country With Oil, People Without Money!”

Lopez Obrador, or “El Peje,” as his followers affectionately nickname him, warms to the task, outlining plans for a new “civil insurrection” that will be led by “women commandos” who will encircle congress on the day energy reform legislation is introduced, shut down banks, the Stock Exchange, the airports, and block highways. If all that doesn’t work, AMLO calls for a national strike. All of this projected and highly illegal activism would unfold “peacefully, without violence” – El Peje is a disciple of Gandhi and often cites Dr. King in his calls to action.

Indeed, Lopez Obrador takes pains to warn the petroleum defenders about government provocateurs and those who would foment violence, perhaps a message to the Popular Revolutionary Army (EPR), which has thrice bombed PEMEX pipelines in the past year.

Andres Manuel Lopez Obrador is at his incendiary best as a leader of social upheaval. During the post-electoral struggle, he put 2,000,000 souls on the streets of Mexico City July 30th 2006, the largest political demonstration in the history of this contentious republic. Back in 1996, this reporter shadowed Lopez Obrador as he led Chontal Indian farmers in blocking 60 PEMEX oil platforms that had been contaminating their cornfields in his native Tabasco, a movement that catapulted AMLO into the presidency of the PRD, later to become the wildly popular mayor of Mexico City and the de facto winner of the 2006 presidential election.

Although Lopez Obrador once seemed assured of his party’s nomination in 2012, he is now challenged by his successor as the capital’s mayor, Marcelo Ebrard, who stood stolidly at his side during the March 18th convocation.

While Lopez Obrador held forth in the center of the republic, its titular president Felipe Calderon campaigned in El Peje’s home turf of Tabasco, the site of Mexico’s largest land-based deposits, touting the “association of capitals” as the key to the “Treasure of Mexico” and swearing up and down that he had no intention of privatizing PEMEX. The idea instead was to make the laws governing oil revenues more “flexible” (“flexabilizar”) and build a “strategic alliance” with the global oil titans.

To mark the 70th anniversary of General Cardenas’s brave act of revolutionary nationalism, Calderon shared a stage with Carlos Romero Deschamps, the boss of the corruption-ridden oil workers union, and Francisco Labastida, the once-ruling PRI party’s losing 2000 presidential candidate and now chairman of the Senate Energy Commission where the energy reform legislation will most probably be introduced.

In 2000, PEMEX illegally funneled $110,000,000 USD through Romero’s union into Labastida’s campaign coffers, a scandal known here as PEMEXgate, which has since been swept into the sea.

While Calderon embraced these scoundrels in the port of Paradise Tabasco, a thousand AMLO supporters were kept at bay a mile from the ceremony by a phalanx of federal police.

The most glaring absentee at the Tabasco séance was Calderon’s dashing young Secretary of the Interior, Juan Camilo Mourino, his former chief of staff who the president appointed to the second most powerful position in Mexico’s political hierarchy this past January to oversee negotiations between the parties on energy reform legislation. But Mourino’s creds were seriously damaged this past February 24th when Lopez Obrador released documents revealing that the then-future interior secretary’s family business had been awarded four choice PEMEX transportation contracts while he presided over the Chamber of Deputies Energy Commission.

The GES Corporation also won four other PEMEX contracts when Mourino was Calderon’s right-hand man during the much-questioned president’s stint as the nation’s energy secretary in the previous administration. AMLO accuses Mourino, who was born in Spain and may still be a Spanish citizen, of cutting a pre-privatization deal with the Spanish energy giant Repsol.

There were notable absences at AMLO’s big revival in the Zocalo too, among them Cuauhtemoc Cardenas, the scion of the general and founder of the PRD whose moral authority has been greatly eroded in recent years. Estranged from his protégé Lopez Obrador, whose cause he did not leap to after the 2006 election was stolen, Cardenas chose to “defend the petrolio” in his home state of Michoacan, to which he has semi-retired and where his son Lazaro, grandson of the “Tata,” is the outgoing governor.

Although young Lazaro has endorsed “the association of private capital” in PEMEX, his father has hedged on Calderon’s privatization plans, reserving judgment until legislation is actually presented. Cuauhtemoc has, however, urged that Mexico and the U.S. first settle the ownership of deep-water tracts in the Gulf before any legislation is ratified.

Deep-water exploration requires an 11-year construction and drilling cycle before wells come on line. According to the U.S. Department of Energy, Mexico has only ten years of proven reserves left.

Calderon’s legislative package is liable to steer away from constitutional amendment required for privatization and focus on secondary laws, a legaloid move that could take the wind out of Lopez Obrador’s sails. Manlio Fabio Beltrones, the PRI senate leader whose support Calderon needs to pass energy reform (not all PRIistas are expected to back it) once warned that a strong measure would “hand the presidency” to AMLO.

The other prominent no-show in Lopez Obrador’s revival tent in the Zocalo was Jesus Ortega, the front-runner for the PRD presidency in March 16th party elections. Ortega heads up the rival New Left faction, a group that is prone to negotiate with Calderon’s representatives despite AMLO’s insistence that the PRD continue to refuse to recognize what he labels the “spurious” president. Lopez Obrador backed former Mexico City interim mayor, the roly-poly ex-commie Alejandro Encinas in the race for the party presidency.

Ortega, a PRD senator, refused to attend the Zocalo rally because he said he feared for his personal safety after other leaders of the New Left faction (AKA “Los Chuchos” because so many top New Leftites are named Jesus – “chucho” is also an endearing name for a dog) had been roughed up by Lopez Obrador supporters during an anti-privatization demonstration at the PEMEX office towers some weeks earlier.

The head-to-head between Ortega and Encinas turned toxic overnight with mutual accusations of vote stealing, vote stuffing, vote buying, vote burning, voters “razored” from the voting lists, fake ballots and phony counts flying as if the March 16th debacle was a funny mirror reflection of July 2nd 2006, when Lopez Obrador was stripped of the presidency by Calderon’s chicanery. The PRD implosion has stoked the party’s enemies like Televisa, the TV tyrant, which devotes half its primetime news hour to the shenanigans. The television giant blacked out all news of similar fraud in the 2006 presidential election.

It is long-standing tradition that PRD internal elections will inevitably turn into a “desmadre” (disgrace.) Similar desmadres occurred in 1996, 1999, and again in 2002, the year Ortega first tried to take control after Rosario Robles, Cardenas’s successor as Mexico City mayor, bought the party presidency – her campaign was bankrolled by a crooked construction contractor who filmed videos of her go-fors pocketing boodles of bills with which he later tried to blackmail the PRD in general and Lopez Obrador in particular. “The horror is interminable,” laments Miguel Angel Velazquez who pens the “Lost City” column for the left daily La Jornada, a PRD paper.

The legitimacy of the March 16th results can be measured by the mechanism with which they will be determined. At the helm of the PRD’s internal electoral commission is one Arturo “The Penguin” Nunez, once the tainted president of the Federal Electoral Institute during his life as a PRIista, and the architect of countless PRI frauds, including one against Lopez Obrador in their native Tabasco.

In truth, Lopez Obrador has been running away from the “horror” of the PRD since the formation of the CND, a crusade to weld those who voted for AMLO in 2006 into a force for social and political change, and his base is now thought to be wider than that of the party. Should Encinas prevail in the brawl for the PRD presidency, Lopez Obrador’s hold on the party would still be tenuous – the Chuchos appear to have wrested many state elections – and he will look to the CND as he battles the privatizers. Indeed. The announced encirclement of congress by “woman commandos” will put pressure on the FAP – the Broad Political Front of left legislators led by the PRD – to pay attention and hold the line against privatization.

The Party of the Democratic Revolution was the Phoenix bird born in fire after the PRI stole the 1988 “presidenciales” from Cardenas. Its 16 original “currents” (now called “tribes”) included ex-PRIistas like Cardenas and Lopez Obrador, ex-communists (like Encinas), urban activists, peasants’ organizations, social democrats, and other left opportunists (like Ortega.)

In its early years, the party sought to define what it would be: a confluence of grassroots movements that ran candidates for public office as one means of achieving social change? Or an exclusively electoral formation intent on obtaining its quotient of power in which the party became an end in itself? Although the PRD has devolved into the latter, Lopez Obrador’s 2006 campaign reinvigorated the activist side of the equation.

Now, leading the defense of Mexican oil against the privatizers, AMLO has leveraged himself back into the political spotlight, and once again, is leading a reinvigorated challenge to the faltering Calderon who desperately needs to make good on his pledge to his Washington masters to privatize PEMEX.

John Ross is back in Mexico City purportedly working on a book about Mexico City. Write him at johnross@igc.org if you have further information.

Don’t stop the torch protests

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EDITORIAL We (almost) sympathize with Mayor Gavin Newsom: The Olympic torch is a political nightmare. House Speaker Nancy Pelosi is pushing in one direction; Senator Dianne Feinstein is pushing in another. The local Chinese community is far from unanimous — many residents are proud of the Beijing Olympics and don’t want politics to mar the celebration, while others think the Chinese government’s actions in Tibet are inexcusable and need to be publicized. The mayor has tried to split the difference, welcoming the torch but promising (for now) to keep it out of Chinatown — and to limit protest.

In fact, the Mayor’s Office has talked of establishing isolated "free-speech zones" — an oxymoron if there ever was one — to keep the more vocal demonstrators away from the feel-good imagery of the torch passing through this city.

That’s a bad mistake.

Olympic officials and their allies like to say the games are not about politics, and that’s fine, as far as it goes — but it really doesn’t go that far. China, which has a long list of political problems, wants to use the games to burnish its international reputation. We’re not for boycotting the games (the United States’ boycott of the Moscow Olympics in 1980 was foolish, as was the Soviet Union’s retaliation in Los Angeles four years later). But it’s entirely appropriate for critics of the host nation’s government to use the occasion to make some points.

And there’s plenty to talk about: China has sealed off Tibet to the news media, preventing the world from learning anything beyond the official line. The oppression and human-rights issues are hard to hide, though, and reminding a world audience of that battle for justice and self-determination is a worthy goal of Olympic protests. So is the situation in Darfur, where New York Times columnist Nicholas Kristof writes that "in exchange for access to Sudanese oil, Beijing is financing, diplomatically protecting and supplying the arms for the first genocide of the 21st century."

We’re a little baffled at why Newsom is so worried about the torch passing through Chinatown (where there are at least as many people who would cheer as would protest) and why he’s trying to prevent visible demonstrations as the icon is carried along the streets of one of the world’s most politically active cities. As Vincent Pan, executive director of Chinese for Affirmative Action, told us, "we want to allow dissent and model it for the rest of the world."

The politics are tricky, but the answer ought to be simple: forget the "free-speech zones." Bring the torch to town, publicize the route — and allow anyone who has a strong opinion on any side of the issue to show up and be heard.

Buster’s axed: City’s top earners next?

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Anyway you cut it, the city budget deficit is going to be painful

Sup. Chris Daly failed to save Buster’s Place from the budgetary chopping board today—a quest Sup. Tom Ammiano deemed “a Sophie’s Choice,” since it involved disappropriating funds that had been earmarked for making the Board’s Chambers wheelchair accessible.

“But I applaud Daly for trying to do an Immaculate Conception, a Hail Mary to make it work,” said Ammiano, as he joined Sups. Sean Elsbernd, Sophie Maxwell, Jake McGoldrick, Carmen Chu and Bevan Dufty to defeat Daly’s plan.

But by meeting’s end, the homeless weren’t the only ones feeling the city’s budget pain. Hundreds of highly paid city employees were surely chewing their nails, following Board President Aaron Peskin’s announcement that in light of the city’s $338 million deficit, he is drafting an ordinance to eliminate all base salaries over $150,000.

596 city employees make over $150,000 a year, according to the Controller’s Office.

But while the MTA’s Nathaniel Ford tops the list ($297,999), with the Retirement System’s David Kushner ($289,478) and Administrative Services’ Amy Hart ($264,524) in second and third place, followed by the Airport’s John Martin ($256,565), Controller Ed Harrington ($256,553) and DPH’s Dr Mitch Katz ($256,553), don’t expect them to be laid off any time soon.
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You can try dealing with the deficit with lots of little cuts from the bottom up.

As Peskin told the Guardian, the Board is not allowed to tinker with some positions, because of charter mandates.

“Some people are constitutionally protected, such as department heads,” Peskin said, “and Proposition D arguably protects police personnel who make over $150,000. And others are doctors at San Francisco General Hospital.”

But beyond those restrictions, a lot of folks could be standing in Peskin’s potential firing line.

“All of them, regardless of pay, perform an important function in the government,” Peskin observed, “but rather than do what the Mayor is doing and make 8 percent across-the-board cuts, we’re making sure that the most vulnerable people don’t get hurt.”
“And we don’t need public information officers in every department,” Peskin added, noting that their elimination would save the City about $50 million a year.
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Or try attacking the problem from the top down.

Peskin admitted that the police, fire and nurses MOUs, which Mayor Gavin Newsom negotiated last summer in the run up to his 2007 mayoral reelection, explain a large part of the City’s 2007-2008 budgetary woes.

“We are all to blame for that. The Board signed off on them, I’m not going to pretend we didn’t,” Peskin said, observing that this month’s axing of Buster’s Place and the Workers Compensation Clinic are “just the tip of the iceberg.”

“Come the Mayor’s budget, we’ll be crying over much larger things,” Peskin explained. “That’s why we need to take some radical steps now to lessen the impact.”

Monique Zmuda of the Controllers Office told the Guardian that the City will need to determine if the functions performed by folks who make over $150,000 are “mandated”. From the remaining sublist, Peskin will have to decide, “if he is truly intending to delete those jobs,” said Zmuda, noting that many of the remaining positions are lawyers, and that “it’s not Peskin’s intention to stop city departments from being able to do business.”

Pointing to the 8 percent cut that the mayor asked of departmental baseline budgets last November, and the additional 8 percent personnel cut that Newsom just announced, Zmuda said, “Peskin’s request means the Boad has additional options to consider, that it’s not just reacting to the Mayor’s proposal. If we have a $338 million gap, it’s better if the options add up to more than that, so that the Board can pick and choose and decide what is the highest priority to save and to cut.”

Or as Sup. Jake McGoldrick told the Guardian” I think Peskin is trying to invigorate a dynamic dialogue and debate.”

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And then, of course, there’s the Chinese toy axe.

In other Board-related news, the Olympic Torch debate continues to burn.
As protesters chanted ‘Mayor Newsom reject China’s bloody torch” outside City Hall, Sup.Tom Ammiano introduced a resolution urging the Mayor, the Mayor’s Office of Criminal Justice and the San Francisco Police Department to comply with the City’s Sunshine ordinance and immediately release the route of the April 9 torch run, along with other documents that the American Civil Liberties Union of Northern California requested on March 13.

And Board President Aaron Peskin sent Supervisor Chris Daly’s resolution, which proposes to accept the Olympic Torch with “alarm” in light of China’s Tibetan crackdown, to the Rules Committee this Thursday.

You got torched

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Reporting by SFBG intern Emma Rae Lierley and SFBG reporter Sarah Phelan

Amid a backdrop of increased bloodshed in Tibet, and an early morning March 20 arson attack on the Chinese Consulate in San Francisco, Tibetan supporters gathered last Thursday outside City Hall for a candlelight vigil to protest San Francisco’s April 9 Olympic torch relay.

Inside City Hall, Mayor Gavin Newsom spoke to a semi-circle of news cameras, claiming that hosting the torch brings “pride” to many in the city, including San Francisco’s Chinese community, and stressing that the torch should be seen as a symbol of unity, both for the city and the world.

But during the Olympic Torch’s April 9 relay through San Francisco—its only North American touchdown as it travels from Greece to Beijing—the torch will be run along San Francisco’s waterfront, not through the narrow streets of the city’s Chinatown. And that Tibetan critics of China’s continuing human rights abuses would like to stamp out the torch’s relay through San Francisco entirely, claiming China has stained the flame’s original symbolism

“We, the Tibetans in San Francisco, see the torch as a tainted torch, a Chinese torch tainted in Tibetan blood,” said Tsering Gyurmey, an organizer of the March 20 vigil and an activist with SF TeamTibet, a collection of local organizations.

“The people of San Francisco don’t want the torch,” Gyurmey added. “It’s against the values of the city, against human rights and democracy. This torch comes from the communist Chinese government, where Tibetan people are being killed on their own land.”

A few hours earlier, Gyurmey was one of over a hundred speakers at a Board of Supervisors committee meeting, as Sups. Carmen Chu and Sean Elsbernd, Newsom’s closet allies on the Board, helped strike down a resolution, authored by Sup. Chris Daly, that took a critical stance of China and the Olympic torch.

Public comment lasted over two hours on the item, and was largely in favor of the resolution introduced by Supervisor Chris Daly. Calling for a solemn acceptance of the torch, the resolution asked for the city to receive it with “alarm and protest.”

Supervisor Daly also decried the city’s consideration of “free speech zones,” or special areas where anti-Chinese demonstrations would be limited to during the torch run.

“When our administration was asked to set up these zones, they should have said no,” Daly said during the meeting. “We can not be told to compromise our democracy as we ask others to expand theirs.”

Daly has pledged to try and reinsert his criticisms, when the resolution comes before the full Board on April 2, the week before the Olympic Torch relay is scheduled.

Meanwhile, China has lashed out at US House Speaker Nancy Pelosi, calling her a “defender of arsonists, looters and killers” according to international news reports, after she visited the Dalai Lama and criticized Chinese oppression in Tibet.

“If freedom-loving people throughout the world do not speak out against China’s oppression in Tibet, we have lost our moral authority to speak on behalf of human rights anywhere in the world,” said Pelosi. who came out punching when evidence of China’s pre-Olympic crackdown on religious leaders, journalists and lawyers first emerged.

“The Olympic Games in Beijing this summer should provide an opportunity for more free expression, not less,” Pelosi said. MArch 12.

But now US Senator Dianne Feinstein is weighing in on the side of caution, telling the Board of Supervisors not to use the Olympic torch relay to condemn China, claiming that doing so, will make it harder to resolve the Tibet issue.

As for San Francisco’s plan to try to contain protesters in “free speech zones” – located at the start and end of the torch run – Feinstein reportedly doesn’t have a problem with it. That’s the way she handled demonstrations at Democratic National Convention in San Francisco back in 1984 when she was mayor.