Health

Unsteady ground

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› sarah@sfbg.com

If you’ve been tracking Lennar Corp.’s massive redevelopment project at Hunters Point Shipyard in San Francisco, then you probably know that several years ago, after the Florida-based megadeveloper won an exclusive negotiating agreement with the city, it formed a limited liability company, Lennar-BVHP, LLC, to handle operations on Parcel A of the former naval shipyard.

Parcel A is the only parcel of the shipyard that the Navy has released to the city as cleaned up and ready for development. And since "Lennar-BVHP" pops up in court filings related to the developer’s failures to properly monitor asbestos at Parcel A — failures that led Lennar to enter into a half-million dollar settlement with the local air district in July — that entity has been central to activists’ efforts to uncover the giant developer’s local business secrets.

So we noted with interest the fact that that "Lennar-BVHP" has now sold its development rights at Candlestick and the Shipyard to "HPS Development Co., LLC" — just as an environmental review is being prepared of the entire shipyard, including some of its most toxic and radiologically impaired hot spots.

The transaction took place quietly in August, but was mentioned at a Dec. 16 meeting of the San Francisco Redevelopment Commission, during which the Agency authorized a reimbursement-related amendment to the "Lennar-BVHP-HPS Development Co." acquisition agreement.

During this same Dec. 16 meeting, the SFRC also amended a contract with environmental consultants PBS&J/EIP Associates to add tasks and increase the budget so as to complete the long-awaited environmental review of the combined Hunters Point Shipyard/Candlestick development project. Until the EIR is complete and certified, nothing can move forward.

But before we get to the implications of the environmental review for Lennar’s proposed Candlestick Point/Shipyard development, it’s worth rewinding the tape to early 2008 to clarify just how, why, and when Lennar-BVHP became HPS Development — and what that transfer means.

BIG-SPENDING DEVELOPER


In the first six months of 2008 (see "Promises and reality," 04/23/08), Lennar spent more than $5 million to help ensure the victory of Proposition G, which folded the Shipyard and Candlestick Point into one huge redevelopment project, one that could include a new stadium for the 49ers.

And just as urban planners were beginning to wonder if Lennar really would be able to sell proposed luxury condominium complexes on heavily polluted Shipyard land — in the face of a nationwide real estate nosedive — the Irvine-based investment and development company Scala Real Estate Partners announced, in February 2008, that it had signed a multimillion-dollar letter of intent related to Lennar-BVHP’s development.

Founded by former executives of the Perot Group’s real estate division, Scala said it planned to invest up to $200 million — and have equal ownership interests — in the project.

The investment fulfilled a city-issued mandate that Lennar find a financial backer to guarantee its proposed multibillion-dollar project, regardless of market conditions.

Then this fall, Lennar demanded and got approval from the Redevelopment Commission for an additional 500 homes and a 7.5 percent increase in its profit margins (see "Bait and Switch," 11/05/08), as part of an Oct. 27 draft financing plan for the Candlestick Point/Shipyard proposal.

But at the time that this financing plan was negotiated, Lennar-BVHP had, in fact, already sold all of its title and interest in the project land and assigned all its rights and obligations under the related financing documents to HPS Development Co., LP, which filed a business license with the state on Aug. 28.

Records filed with the California Secretary of State show that HPS Development Co., LP, lists yet another limited liability company, CP/HPS Development Co., GP, LLC, which filed a license with the state on Dec. 11, as its general partner. Lennar Urban’s Kofi Bonner is listed as the authorized person for CP/HPS development. And HPS Development Co., LP’s office address is listed as being c/o Lennar Urban’s 49 Stevenson Street, Suite 600 address.

Land-use lawyer Sue Hestor told the Guardian that the move to form HPS Development Co., LP suggests that Lennar ran out of money.

"Forming a limited liability company means that people are just putting their money into that project," Hestor said. "It’s a way to segregate it from other projects."

TOXIC MELTDOWN


The Redevelopment Agency also renegotiated the terms of its contract with consultants PBS&J for an environmental review of the combined Hunters Point Shipyard/Candlestick Development Project Dec. 16th — and the results of that study could shed light on some very scary prospects.

According to Redevelopment Commission documents, the Agency and Planning Department staff, working with the Mayor’s Office, have dentified a number of additional tasks that are necessary to adequately complete this review.

These include the addition of an "analysis of windsurfing off Candlestick Point and evaluations of greenhouse gases and sea-level rise."

The most interesting part of the study, however, may be the analysis of geology and soils, to be prepared by Geotechnical Consultants, Inc. That report will look at the phenomenon known as liquefaction — the tendency of landfill to melt into liquid during a major earthquake.

The development zone is situated on a heavily polluted Superfund site, within a stone’s throw from an existing residential community.

As the executive summary in the Redevelopment Commission’s Dec. 16 agenda, notes: "The Project Areas are underlain predominantly by historic artificial fill with moderate to high liquefaction potential, followed by tidal flats and bay mud deposits that are typically soft, weak, and highly compressible…. These include temporary soil/slope instability caused by grading; erosion potential and increased hazards produced by potential failure of foundation support; and strong seismic groundshaking."

Just what kind of liquefaction risks are involved?

According to a February 2005 memo from Navy environmental coordinator Keith Forman to the Hunters Point Shipyard Restoration Advisory Board, the USGS Hazard Zone Map, which represents potential liquefaction risks, is intended for planning purposes and is not intended to be site specific.

"It depicts the general risk within neighborhoods and the relative risk from community to community," stated Forman.

But that report concluded that during a 7.9 earthquake, Parcel E-2, which is the landfill site where an underground fire burned for months in 2000, may have a lateral shift of 4 to 5 feet and a settlement of about 10 inches.

"This amount of lateral shift and settling could cause some small breaches in a containment remedy, but would be quickly and easily repairable," Forman added.

But the Navy and the city are proposing to cap Parcel E-2, rather than excavate and remove contaminants, which are thought to include PCBs and radionuclides — and there’s some fear that Hunters Point could be the next Hurricane Katrina when the inevitable major earthquake hits.

Members of the Health and Environment/Education Committee of the Bayview Hunters Point Project Area Committee invited Thomas L. Holzer of the US Geological Survey in Menlo Park to give a Dec. 5 beginner’s course in liquefaction — and his remarks were grounds for some serious concern.

Dressed in a gray and white tweed jacket with suede elbow patches, Holzer described how "sand becomes like liquid, capable of flowing" during an earthquake.

"More importantly, where you have groundwater contamination, fluids are discharged to the surface of the contaminated water, from a depth of 40 to 50 feet," Holzer said.

Noting that according to the USGS, a 6.7 earthquake has a 62 percent chance of hitting the region in the next 30 years, Holzer told the crowd, "If it is close enough to Hunters Point, then it’s probably enough to trigger liquefaction in susceptible materials."

In theory, then, the toxic material that the city buried under a cap could become a major hazard. "The soil liquefies, the ground gets to slosh around, and because movement isn’t always uniform, you can get cracks," he said.

As Holzer told the Guardian after the meeting, "Different people and different entities will issue different levels of risk. For some, everything has to do with profitability. So, San Francisco has some soul searching to do. Is it worth it to fast-track a project that has the potential to impact the whole city, should a major earthquake hit? Because then it would no longer be just about Bayview–Hunters Point."

Wise words, given the reality that Lennar continues to hurt financially.

"In 2009, cash generation will continue to be our top priority," Lennar president and CEO Stuart Miller said Dec. 18, as Lennar’s fourth quarter revenues showed a 41 percent decrease.

"We will convert inventory to cash and reduce both our land purchases and homebuilding starts," Miller promised, blaming falling home prices, increased foreclosures, tighter credit, and volatile equity markets for eroding consumer confidence, depressing home sales, and furthering the decline of the housing market.

Ball-busting jamboree

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› andrea@altsexcolumn.com

Dear Andrea:

Some years ago I managed to stop a boy from going too far by grabbing hold of his testicles and squeezing them hard. It was totally justified, and he was disabled by the pain, allowing me to get away from him. The thing is, I squeezed that poor boy’s balls much harder, and for far longer, than was necessary purely for self-defense. I now realize that I actually enjoyed inflicting that pain on him! It gave me a fantastic feeling of empowerment, hearing a big, muscular boy begging me to stop hurting him. It has since become a sort of an obsession with me, and I take every opportunity to humiliate my boyfriends by grabbing or striking their balls. Of course, I never go far enough to cause any real damage, but I’m afraid that my obsession may be causing these boys some psychological harm and that I have to find a way to stop this habit.

Are these feelings really that unusual in girls?

Love,

Grabby

Dear Grab:

I’m glad you do realize it’s going to have to stop, because despite a pronounced bent toward the "whatever" in the judgmentalism department, I have to admit that your enthusiasm alarms me a little. I prefer my sadists a bit less avid, I guess.

These feelings are quite unusual in both girls and non-girls. But since this planet is nothing if not generously populated, that still makes for a fairly large number of people who enjoy acting out their aggressive fantasies on the testicles of any males within reach. Furthermore, ball-kicking/punching imagery and "oww, my balls"-type humor are so prevalent now that even those aggressors for whom it is not a particular turn-on cannot help but at least consider it on occasion.

I have registered my dismay over testicular-injury humor before, and pointed out that a simple gender switcheroo instantly renders any such "joke" not only not-funny but actively appalling, and have pled for an end to "kick him in the balls, har har har" as a mode of discourse. To little avail, obviously.

For you, the question of prevalence may be interesting but is ultimately irrelevant: no matter how many people do it (not that many, and many of those for money), you need to quit it for your own psychological health. I suggest holding off on any roughhousing until you get, ah, a handle on this. Pain and humiliation both have their places, for sure, but even most people who like that sort of thing prefer tops who can control themselves. The ones who can’t are not dominants; they are bullies.
Love,
Andrea

Dear Readers:

In case you don’t believe how common a kink the ball-kick is, at least as fantasy material — and especially for the ball-bearing half of the population — I offer the following examples from my archive, where they have been languishing for lack of (my) interest. Um, happy holidays!

Love,

Andrea

Q: Years back, newly divorced and tipsy, I was at a nightclub and an aggressive woman took me home for some fun. She asked me if I was averse to being tied up. I said no and consented. She led me into her basement, asked me to strip, and then secured my hands above my head. I was excited and it showed. She then asked if she could put a spreader bar on my ankles. I said yes. The ball gag in my mouth made me a bit nervous. After many kicks, knees and hard squeezes, I was delirious. I stayed hard through it all. She then gave me a fabulous BJ. I was swollen and black-and-blue for a month. It has not happened since, but I find myself masturbating to this event years later. Is this type of sex-play common?

A: Of course. What did you pay her?

Q: When I was taking karate, I was paired with a woman to practice no-contact front snap kicks to the groin. She was slow and I made a snide remark. She gave me a funny look, said "OK then," and swiftly soccer-kicked me square in the sac. The pain shot through me and I dropped to the floor in the fetal position. She bent down and said "oops, sorry" but gave me a smug look that said she wasn’t. When I got home, my testicles were quite swollen. Then I got an erection — I’m not sure why, but the entire ball-busting was a turn on after the fact. The next time I saw her, she smirked and made a snide remark, which got me semi-hard and I was tempted to egg her on again but chickened out. She dropped out of class not long after that. I still fantasize about being kicked or kneed by a woman (no sex). Am I crazy?

A: Since you neither egged her on nor went out of your way later to court injury, clearly not. She was kind of a bitch, though.

Love,

Andrea

Andrea is teaching Sex After Parenthood at Day One Center (www.dayonecenter.com), Recess (info@recessurbanrecreation.com), and privately. Contact her at andrea@altsexcolumn.com for more info.

Sentenced to rape

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rsaquo; news@sfbg.com

It’s been 60 years since the United Nations General Assembly issued the Universal Declaration of Human Rights, affirming the inherent dignity and inalienable rights of all people. Yet prisoners are often denied the most basic protections of the law. Rape is still a brutal reality in prison, a problem that disproportionately affects LGBT inmates.

In 2003, Congress unanimously passed the Prison Rape Elimination Act (PREA), creating federal mandates to fight sexual assault in prisons. But its implementation has been slow. This year, the Bureau of Justice Statistics conducted the first national survey of violence in the corrections system. It found sexual orientation to be the single greatest determinant for sexual abuse in prisons — 18.5 percent of homosexual inmates reported sexual assault, compared to 2.7 percent of heterosexual prisoners. Though PREA aims to reduce these figures, prisoners and their advocates have been waiting on its official guidelines, which are set for release in 2009.

In an attempt to address California’s challenges in protecting LGBT inmates, California Sen. Gloria Romero held an informational meeting Dec. 11 in San Francisco, bringing together former LGBT prisoners, advocates, experts, and representatives from the California Department of Corrections and Rehabilitation (CDCR).

"Nobody has it easy in prisons, and LGBT persons in particular experience unique kinds of harassment, discrimination, and violence when incarcerated," said Masen Davis, executive director of the Transgender Law Center.

Inherent flaws in our social institutions result in a disproportionate number of LGBT prisoners. Discrimination in employment, housing, and healthcare often force members of the LGBT community, particularly transgender individuals, to turn to the street economy to support themselves. A survey by the Transgender Law Center found that fewer than half of transgender adults held a full-time job, and one in five have experienced homelessness since becoming transgender (see "Transjobless," 3/15/06). These factors greatly increase the instance of criminal activity in the LGBT community. The Center for Health Justice reports that more than two-thirds of male-to-female transgender San Franciscans have been incarcerated; in six other major urban areas, one in four gay men had been incarcerated.

Once LGBT individuals enter the California prison system, says Linda McFarlane, deputy executive director of Just Detention International, they are 15 times more likely to experience sexual assault than the general population. In addition, she said, prison staff more often fail to protect these inmates than others, and are more likely to believe that assaults are consensual.

"There seems to be a belief among some corrections officers that rape is unavoidable in prison," McFarlane said. "It’s been asked more than once in training sessions that if transgender inmates are at such risk, why are they still allowed to be transgender within the prison environment?"

Alex Lee, a co-director of the Transgender, Gender Variant, and Intersex Justice Project, read a statement from Bella Christina Borrell, a 56-year-old transgender inmate: "Female transgender prisoners are the ultimate target for sexual assault and rape. In this hyper-masculine world, inmates who project feminine characteristics attract unwanted attention and exploitation by others seeking to build up their masculinity by dominating and controlling women."

Of course, there are policies in place that should protect inmates from each other. PREA stipulates that sexual assault during incarceration can constitute a violation of the Eighth Amendment to the US Constitution, and mandates that facilities employ a zero-tolerance policy toward abuse. However, like many things in life, the theory and practice have little in common.

"We’ve heard multiple times about officers openly expressing a belief that gay and transgender inmates cannot be raped, that they deserve to be raped due to their mere presence in the environment, or that if they are raped it’s simply not a concern," McFarlane said.

Joe Sullivan of the California Department of Corrections and Rehabilitation said policy dictates that gay or transgender status alone does not warrant specific housing arrangements. He said the department prefers to integrate inmates in a setting that most closely resembles what they will be returning to after being paroled. When they arrive in prison, inmates are evaluated using a system called Compass, which is a set of guidelines to determine each person’s specific needs. During this time, inmates are able to state whether they feel they need special arrangements.

"It’s a framework that is followed by the staff at institutions," Sullivan said. "Some of the things I heard today suggest that how the framework is interpreted is one of the issues we’ll have to go look into and do some further training on."

It has been suggested that the previously used designations Category B and SOR (sexual orientation), which include guidelines for "effeminately homosexual" men, might aid CDCR in their classification process. However, as Sullivan stated, the prison system’s evaluation procedure largely ignores these special circumstances.

"The classification process is gender-neutral," Sullivan said. "We try to address the individual’s specific needs, as opposed to having a policy for a group or a class of people. We really don’t distinguish between transgender and non-transgender inmates."

While this policy is certainly egalitarian, it ignores the extreme vulnerability of LGBT inmates, something many prisoners don’t realize until after they’ve been victimized. Then, all too often, they are placed in isolation cells usually reserved as punitive measures.

"If they have been a victim of a sexual assault, they can be and will be single-celled, at least for the period of time that we go through investigating the allegations," Sullivan said. "We try to do it in an expedient manner, so that the victim is not the one sitting in administrative segregation."

The panelists all agreed that eliminating sexual violence against the LGBT community requires some of our most precious resources: time, energy, and money. In the past, the general rule has been to increase spending for prisons while simultaneously reducing funds for social programs like housing, employment, and health care, which all have a lot do to with the amount of crime in the first place.

Advocates recommend that an effective classification system must be implemented. First, corrections officials have to acknowledge that factors like an inmate’s sexual orientation or transgender status put them at an exceptionally high risk for violence. Second, steps must be taken to reduce the instances of harassment, abuse, and sexual assault suffered by inmates. Female transgender inmates must be issued sports bras and should be allowed to shower separately from the general population to curb humiliation and predation. If an assault occurs, victims should not be placed in punitive custody, the complaint must remain confidential, and assailants cannot be allowed the opportunity to retaliate. Finally, corrections officers should have to participate in an extensive training program to help them deal with these factors.

Bambi Salcedo, a transgender ex-convict who now works with transgender youth at Children’s Hospital Los Angeles put it simply: "We have to realize that homosexual and transgender inmates must be treated with dignity in the correctional system."

Editor’s Notes

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› tredmond@sfbg.com

Let me say something out of synch with the holiday spirit, something you don’t want to hear in a "season of sharing," something utterly uncharitable. Listen:

Nicholas Kristof, The New York Times columnist, had a piece Dec. 21 complaining that liberals aren’t generous enough. He had a couple of studies showing that conservatives give more money to charity. The progressives, he suggests, ought to be ashamed that they aren’t doing more to help the less fortunate.

Well, a couple of problems. For starters, much of the money conservatives give to "charity" actually goes to churches, some of which spend that largess promoting bigotry, fighting women’s rights, and trying to stop same-sex marriage. Particularly the churches that conservatives support. And when you eliminate religious institutions, liberals give about the same as conservatives.

But Kristof misses the big point. Charity, at least the way the right wing portrays it, is really the privatization of the social safety net.

Look, I’m not against charity. I give money — I hand cash to every panhandler I see. I like Chronicle columnist Jon Carroll’s "Untied Way" approach — give directly to the needy (even if I don’t get a tax deduction for it). I give money to political groups that are trying to make structural change (teach a man to fish and all that). I give money to my public school.

But the problem with charity is that it allows the wealthy to decide where their money goes — which means they decide what society’s priorities ought to be.

Instead of lauding Bill Gates for donating millions to Harvard, a sane political system would tax the hell out of Gates and let democratically elected representatives decide where the money should go. Maybe the public schools in Detroit need cash more than Harvard does. Maybe mental health services for homeless people in the South Bronx ought to be funded instead of a new computer science building at the world’s richest university. Maybe we should all set the priorities, not just the rich people.

That’s what charitable liberals believe. At least, I do.

New board, old pain

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› sarah@sfbg.com

One of the first tasks awaiting the new Board of Supervisors in January 2009 is to make unprecedented cuts to the city budget as San Francisco seeks to balance a $125 million mid-year shortfall and address a projected $450 million deficit for the fiscal year that begins July 1, 2009.

"It’s hard to understand the magnitude of what lays at our doorstep," termed-out board president Aaron Peskin told the incoming supervisors when it became clear that he lacked the votes to enact a proposed package of cuts before his last day in office (see "Sharing the pain," 12/17/08).

"This is going to require a huge amount of selflessness, of sharing the pain among those who can share it the most and the least," warned Peskin, whose last day on the job is Jan. 6.

Newly sworn-in Sup. David Campos cited the magnitude of cuts as one of the reasons he voted not to move Peskin’s legislation out of a committee last week.

"I need more time to understand the proposal", said Campos, who took office in early December, only to find himself confronting "the worst crisis since the Depression," as Mayor Gavin Newsom called it during a visit to the board.

"And this way, the new board gets to weigh in," added Campos, who joins seven returning supervisors — Michela Alioto-Pier, Carmen Chu, Chris Daly, Bevan Dufty, Sean Elsbernd, Sophie Maxwell, and Ross Mirkarimi — and three new supervisors: John Avalos, David Chiu, and Eric Mar.

The decision to delay budgetary cuts until 2009 also secured an extra month of grace for community service providers. Peskin and the Mayor’s Office agreed that cuts scheduled for mid-January won’t kick in until Feb. 20.

But, as Daly noted as he urged the board to kill Newsom’s million-dollar, Tenderloin-based Community Justice Court, the 409 pink slips that were recently issued predominantly to front-line city workers have not been rescinded.

"And folks will have to find many more millions to avert terrible community cuts," Daly observed. Peskin warned that the CJC could cost $2 million annually if the federal government isn’t willing to fund it next year.

Daly argued that defunding the CJC was a "no-brainer," citing the project’s lack of community support and the fact that the services it aims to divert people to — substance abuse, mental health, and homeless programs — are up for cuts.

But Daly failed to get a veto-proof super-majority after Sup. Gerardo Sandoval, who was elected to the Superior Court in November, recused himself, and Sup. Bevan Dufty, who has his eye on Room 200, voted in favor of the mayor’s project.

"I don’t see this as a new program, but one that tries to tie together what’s already in the community justice system," Dufty said.

With the bad fiscal news expected to snowball in 2009, Daly says he plans to call for hearings to examine the possibility of more cuts to upper-level city managers.

"It’s incumbent upon us to make sure there is not fat left in the city budget, especially when it comes to upper-level managers, as we are trimming the resources available to those who are more vulnerable," Daly explained.

Hardly art, hardly garbage: Fall Out Boy at Great American Music Hall

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Fall Out Boy sml 3.jpg

By Michael Harkin

“Why’d they have to do the concert on this day, when they knew it’d be rainin’?” You posed a good question, Mr. Passerby. I arrived at Great American Music Hall at 11:45 a.m. on this damp, overcast Sunday morning, Dec. 22, and 150 people were already lined up around the corner from the club. Mostly teenage girls around, but lots of parents toted umbrellas and blankets – what good sports! – knowing full well that they’d be out there another seven hours with their kids before doors.

My neighbors in line had variously traveled from Stockton, Mountain View, and San Jose, willing to pay far more than the $20 door price to see Fall Out Boy that night. Their health ‘neath those Decaydance hoodies wasn’t quite as important as the close proximity the venue would afford them.

Fall Out Boy sml 1.jpg

I can’t readily provide a sufficient rationale for standing out in the rain this long, especially when the band in question is the embodiment of commercial rock’s absurdity – they headlined the Honda Civic Tour last year, for heaven’s sake – and regularly employ such overwrought, cumbersome song titles as “I’m Like a Lawyer with the Way I’m Always Trying to Get You Off (Me and You).” That said, I like ’em anyway – hard to say why. And this beats paying 60 bucks to see them with some terrible bands at the HP Pavilion next summer, right?

Budget funeral

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› amanda@sfbg.com

Hundreds of people gathered for a funeral among makeshift gravestones buried in the lawn of City Hall on Dec. 11. The tombstones marked some of the essential public health and community services laid to rest by mid-year budget cuts: health care for jail inmates, day services for the homeless, the SRO Collaborative, and the Laguna Honda adult day care center.

Collectively they amount to a $36 million thinning of an already stretched social safety net that is designed to catch the most vulnerable populations in San Francisco. Of the city’s $118 million projected deficit, about 30 percent will be recovered from the Department of Public Health, with cuts to care and counseling for the mentally ill, services for the elderly, and closing some medical respite housing. All these services — and more — have been suggested by the DPH in response to Mayor Gavin Newsom’s request for deep budget cuts.

But advocates and front-line workers say these cuts will only create a greater cost to the city over time, as people with acute illnesses and mental health and substance abuse problems lose their primary care and end up in the emergency room, potentially in worse condition, receiving more costly care.

"The cuts in services are going to cost," Marykate Connor, director of Caduceus Outreach Services, said at the rally. Cuts to nonprofit organizations that handle much of the city’s drop-in health services mean more ill people will end up at SF General.

But the city’s premier — and only — public hospital is already crunched. "It’s sort of crazy right now. Six to eight months from now if these cuts go through, it will get a lot crazier," said Ed Kinchley, an emergency room social worker.

In a memo to the Health Commission, DPH director Mitch Katz pointed to a higher-than-budgeted census at SF General, which provided a short-term boost in revenue but also stretched resources at the busy hospital and exacerbated its budget situation.

Kinchley, who’s been at General for 24 years (12 of them as a social worker), said part of his job is getting substance abusers and people with mental health out of the ER and into care programs. "It’s already hard for me to get someone in detox in a day," he said.

On a typical Friday afternoon, he’s successful with one in five people. Unfortunately, when someone comes in asking for detox is the time when it can do the most good, if it’s available. "It’s really crucial in that situation to seize the time," Kinchley said. Though they try to keep in touch with clients and get them in as beds become available, there’s high attrition on the waiting list. "They don’t have a hell of a lot of choices except to start drinking again that day."

Martha Hawthorne has spent 23 years as a public health nurse for DPH, working out of the Castro Mission clinic. She does targeted case management for high-risk mothers and their newborn babies — essentially making sure they’re connected with other health care workers who specialize in chronic problems such as diabetes, hypertension, and substance abuse. "I’m one of the people that sees the system from the patient’s point of view," she said.

She’s also able to illuminate how certain cuts can have spillover effects on a newborn baby. "There are five to six specialized, highly skilled RNs being eliminated. One is an expert in diabetes care for pregnant women," Hawthorne explained. If that nurse is cut, "the clinic will still exist, the patient will have five to 10 minutes with the doctor and receive instructions, but there will be very few people to teach her how to use insulin, to follow the instructions, to change her diet…. A woman without this care can have very sick babies. This is one little, little example of a staff cutback that has a direct effect on care."

Furthermore, the way the cuts are being exacted carves deeper into the social safety net than ever before. For example, Progress Foundation contracts with the city to do acute diversion and transitional housing and services for mentally ill people coming out of General’s emergency room. Its annual budget is roughly $14.8 million, mostly funded by Medi-Cal with matching state monies. A smaller amount of city money fills the gaps.

DPH has asked Progress, as well as many other nonprofit providers, for a 5 percent cut — but the cut is based on the entire foundation’s funding, not just what the city gives them. Executive director Steve Fields said that means closing two out of three acute diversion programs or four out of six transitional residential treatment programs.

"It ends up closing about $3 million in programs to save $700,000 [of city money] over the next 12 months," Fields said. "I’m sympathetic to the problem, but it just doesn’t make sense to give up that much [state and federal] money." He pointed out this represents 40 to 50 transitional beds or 20 acute diversion beds in facilities that have been licensed, permitted, received neighborhood approval, and have been functioning at 90 to 95 percent capacity. "Once you lose these beds, you don’t get them back."

And, he said, the real effects are felt on their clients. "However you look at it, the need will be there. They don’t leave town. We end up seeing them somewhere. They’re going to be in a hospital bed or they’re going to be in jail or they’re going to be in a longer-term skilled nursing facility" — all more expensive solutions to a chronic problem. "We may be making decisions that we may regret down the road because we’ve had to react so immediately to the crisis," Fields said.

"This is happening at a time when there’s all this increased need," said Jennifer Friedenbach, executive director of the Coalition on Homelessness.

The numbers for families, provided by Compass Community Services, are grim: between 2007 and 2008, the number of families seeking shelter jumped from 75 to 148. At the same time, the city has reduced family shelter beds by 20 percent, and the waiting list is now more than four months long — meaning families are waiting for shelter longer than they can actually stay in it.

"It’s a really brutal time to cut health and human services," said Friedenbach, whose group is advocating for an alternative list of cuts that incorporate some of the suggestions posed by SEIU and the Coalition to Save Public Health. They call for capping city salaries at $150,000 and letting go of all management staff brought in since a 2007 hiring freeze.

Hawthorne pointed out that while these cuts hit the neediest hardest, public health for everyone will suffer, pointing out that the city will be less prepared for a large-scale emergency or epidemic.

"SF General is a trauma center, and anybody who needs top-level trauma care is going to end up there. If it’s crowded with people who don’t need that level of trauma care, their response will be slower," said Hawthorne, adding that all emergency rooms in public and private hospitals are ultimately affected by cuts to clinics and nonprofit services.

"On a hopeful note, there’s huge potential as people realize the depth of these cuts," Hawthorne said. "The public needs to demand the human right to health care."

Editor’s Notes

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› tredmond@sfbg.com

San Francisco’s not ready to make $118 million in budget cuts.

I realize the city can’t operate at a deficit, and if payment due exceeds accounts received, something has to be done. But it can wait a few weeks. In fact, the final decisions ought to wait for the new Board of Supervisors to take office in January. The city won’t go broke in the meantime.

But Mayor Gavin Newsom is rushing his cuts through, demanding 400 layoffs and taking a hatchet to the Department of Public Health. There are all sorts of alternatives — our editorial in this issue looks at how the city can bring in more revenue. There’s also a lot more sanity needed as the board and the mayor look at what could be devastating reductions in essential public services.

For example: I like the 311 program. It’s convenient. But I’d rather wait longer for my non-emergency call to be answered than to have public health workers lose their jobs. And the 311 budget hasn’t been touched.

Police and fire are, of course, essential — but it’s insane to give the cops and firefighters, who are among the best-paid city workers, a 7.5 percent pay hike this year while social service workers are getting laid off.

It’s lovely to have more fire stations per square mile than any other big city in California, but there are nowhere near as many fires as there were when the system was designed, and closing some down would save millions.

How come the mayor still has seven people in his press office, most of whom are paid to keep the press from finding out what’s going on?

Why are we talking about cutting the $800,000 Small Business Assistance Center, which actually helps the most important sector of the economy, when there’s $10 million, much of it redundant, in the mayor’s Office of Economic Development?

Why is Dean Macris, the former city planning director, still hanging around and getting paid?

Wouldn’t an across-the-board wage freeze be better than layoffs? What about capping the pay for city employees at $150,000 a year? What about capping police overtime?

What about having all these discussions in public, before the mayor sends out pink slips?

Or would that just make too much sense?

Sharing the pain

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› sarah@sfbg.com

When Mayor Gavin Newsom walked across City Hall to the Board of Supervisors Chambers last week to announce that the city is facing a $576 million budget deficit, it looked as if he was putting political differences aside and genuinely inviting the board to "share the challenge" of bridging the 2008-09 budget chasm.

For years, voters and supervisors have urged Newsom to appear before the board for monthly policy discussions. And for as many years, Newsom has refused, claiming such invites were "political theater." Now that he’s finally made the trek, critics say the context makes the gesture more theatrical than substantive.

Within minutes of Newsom’s unannounced Dec. 9 visit to the board, City Hall insiders began to fear that the Newsom was only pretending to walk the unity talk: details of his $118 million in proposed mid-year solutions were not made available before the appearance, giving the two sides little to discuss and raising questions of due process.

"If the mayor was interested in real collaboration with the board, he would introduce his mid-year proposal to the board for our deliberation, just like the annual budget," Sup. Chris Daly told the Guardian. "But after we asked in three different ways, we found that he will be making over $70 million in cuts unilaterally — without the board’s approval. Now we have to figure out how to get the public a seat at the budget table."

Unlike during the normal budget process, the mayor has tremendous power to make cuts mid-year. But with details slow to emerge, the legislators weren’t the only ones left in the dark about the proposal, which includes slashing the Department of Public Health’s budget by 25 percent, cuts that DPH director Mitch Katz told the supervisors is going to require fundamentally changing how government runs.

Several City Hall workers told the Guardian how, in the days after Newsom made his budget deficit announcement, Controller Ben Rosenfield was seen running from department to department, trying to track down the program-level details.

Supervisor-elect John Avalos, who has a deep understanding of the budgetary process from his years as a legislative aide to former Budget Committee chair Daly, confirmed that the mayor’s $118 Million proposal "doesn’t tell you much."

"There is $47 million in increased revenue that has come in that offsets the shortfall, and there’s a higher-than-expected census at San Francisco General Hospital that allows us to recoup some money. But although there are all kinds of service/non-service cuts in Newsom’s proposal, we have no details to work with," Avalos told the Guardian.

Two days after his board appearance, Newsom penned an op-ed for the San Francisco Chronicle in which he again appeared to be holding out his hand to the board. But Avalos, a candidate for president of the board, observed that Newsom continues to protect his own pet projects, which include the 311 Call Center, the Community Justice Center, and the Small Business Assistance Center.

"The pain needs to be shared and minimized all round," Avalos warned. "The mayor needs to come forward and help us, not simply cut all the programs that the Republicans want to see cut. There is this huge backlash from folks saying, ‘Why do we spend $1 billion on our public health system? Maybe we don’t need public health.’ But our services are there for a reason."

Avalos said he worries that if we cut all these programs now, it will be very hard to get them back down the line. "When revenue is back, the focus will be on things that are important, but not on services that help the most vulnerable folks," Avalos predicted.

Within three days of Newsom’s appearance before the board, Peskin had figured out a mechanism whereby the public could weigh in on Newsom’s cuts: he introduced legislation that combines the mayor’s $118.5 million proposal with an alternative $8.5 million in cuts that Peskin has proposed.

"So, now there’s a de facto collaboration," Peskin told the Guardian. Peskin’s package of alternative cuts — which has since been pared back to $5.5 million because duplication with the mayor’s list was found — includes budget reductions in the Mayor’s Office of Economic and Workforce Development, Emergency Management Department, Fire Department, Police Department, Mayor’s Office of Criminal Justice, the 311 call center, and city grants to the opera, ballet, and symphony. Peskin is also proposed wage freezes that could save another $35 million.

Peskin’s counter-move allows the public to weigh in on the combined proposals. It requires department heads to publicly defend cuts to programs, services, and personnel — cuts that were developed, per Newsom’s request, behind closed doors. Or as Daly put it: "The mayor’s and the board’s proposals need to be deliberated not through a staff member to the mayor, but in full view of the public."

The board also wants to publicly discuss the layoffs, which Newsom said would total 399, a number that rose to 409 when the list was actually released. Peskin’s legislation also provides an avenue for fired workers or their representatives to publicly air discontent. A list of eliminated positions obtained by the Guardian shortly before press time shows that most of the positions were service providers making less than $70,000. Although union officials have complained that the ranks of highly paid managers has grown sharply since Newsom became mayor (visit sfbg.com for the complete list and more analysis).

SEIU’s Robert Haaland estimates that 75 percent of layoffs targeted line workers in service jobs. "As far as we can tell, the pain is all at the bottom," Haaland told the Guardian.

And while Haaland didn’t openly support Peskin’s counter-proposal — a citywide sliding scale of pay cuts in which the highest earners take a bigger hit and an across-the-board union wage freeze — he acknowledged that at least the proposal targets the powerful Police Officers Association and the Municipal Executives Association, and not just SEIU workers.

Haaland claims that under Newsom’s behind-closed-doors method, "the institutional bias of department heads tends to come into play" in making layoff decisions.

"It’s human nature. No one talks about it, and I don’t know that there’s a grand conspiracy," Haaland said, expressing his belief that it’s easier for managers to cut people they don’t work with than those around them or people at the top. "They also tend to target the union activists, the members who are a pain in the butt, and who they don’t like."

Newsom told the Chronicle in a Dec. 15 article that "labor is going to be a principal part of the solution." Tim Paulson, executive director of the San Francisco Labor Council, told the Guardian that "the SFLC is listening to its affiliates to see if there are any collective strategies." But Haaland observed that the city is "contractually obligated to the unions," which may further complicate ongoing negotiations.

With Sup. Bevan Dufty advocating to restore more than $500,000 in HIV/AIDS funding cuts and Sup. Sophie Maxwell is trying to avoid cuts at the Small Business Center, newly sworn-in Sup. David Campos stressed the need for a meaningful vetting process.

"It’s important for us to have a process that sheds light on the human impacts of the proposed cuts so we have a better sense of what it means to citizens of San Francisco," Campos said at a Dec. 12 board committee hearing.

Campos also made it clear that he is not afraid to target the arts, arguing that deep-pocketed patrons can help ease their pain, even as advocates countered that attacking entertainment will further deplete the city’s coffers by potentially hurting tourism. "As much as we appreciate the need to support the arts, we’re going to have to look at other avenues some of those folks can turn to, to get the funding that is needed," Campos warned. "People who have the greatest needs don’t have those options. "

With repeated rounds of painful cuts predicted in the next six months, Peskin told a Dec. 12 Government Audits and Oversight Committee hearing that it’s critical for the board to express its priorities. "These include keeping Rec and Park facilities open, providing basic mental health services, and preserving public sector jobs," Peskin said. "It’s also important that everyone share the pain, but not necessary that everyone share the pain equally."

Outside the meeting, laid-off worker Allanda Turner described her pain and the devastation she feels at being let go in the midst of a recession. "I’m a parent. I just purchased a home. I’m feeling almost no hope at all," said Turner, who fears she will be applying for the medical services, unemployment, and food stamps that she refers clients to as part of her job with the city’s Human Services Agency.

"The mayor always says he advocates for the poor, but we are the most underpaid," she said. Meanwhile, while her colleagues claim that their department "gave Newsom what he wanted" by adding layoffs to an original list of cuts that included fewer jobs.

"These are unit clerks, employment specialists, eligibility workers, and line workers," said Sin Yee Poon, a DHS contract manager. "Eight of them are child-protection workers."

There will be one last meeting of the current Board of Supervisors in January, and both incoming and outgoing members are already specuutf8g that unless Peskin’s legislation passes with a veto-proof majority, the mayor will veto it and this period of symbolic unity will come to an abrupt end.

"We have the capacity, the ingenuity, and the spirit to solve this," Newsom told the board. "It’s going to take all of us working together. It’s in that spirit that I am here. The mid-year solution — difficult and painful as it is — it’s the easy part. The difficult part comes in the next four months."

But as legislators explore the possibility of adding to their budget tools in the future through charter amendments and special elections, one aide stressed the importance of taking an active role now.

"It’s important for the board to set the stage now for the budget discussions in the spring."

The layoff list

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By Sarah Phelan

Mayor Gavin Newsom’s 409 mid-year layoffs mostly target front line staff, who make under $70,000 a year. And that almost 70 percent of these lay-offs (285 positions) are in the Department of Health.

You can read the list here.

(Reader beware! The list is, in itself, fairly impenetrable. So it helps to go online to the City’s compensation manual. Here, you can enter the “class” of job, plus job “class title” to decipher each annual salary. For instance, a 923 Manager 11 makes between $91,000 and $116,000 a year, and we could only find a couple laid off. By contrast, a 1428 unit clerk makes between $45,000 and $55,000 a year–and 49 such clerks got pink slips last week.)

What’s worrisome about the Mayor’s lay-off decisions—aside from the obvious human pain and cost of losing one’s job in the middle of a nationwide recession—is that those left on the job are going to come under increasing physical, mental and employment pressure, as unemployment lines lengthen next year.

That at least was one of the primary concerns that San Francisco General Hospital worker Mike Dingle shared with me last week, outside the first public hearing into the Mayor’s proposed cuts–a hearing only made possible thanks to Board President Aaron Peskin, who folded the Mayor’s $118 million proposal (which up until then had been negotiated exclusively behind closed doors) and his own package of cuts into brand new legislation, so that all the proposed cuts can now be publicly reviewed

Dingle handles bodies, “both the living and dead” as he put it, as part of SFGH’s patient lift team. And from his position in the front line trenches, Dingle is predicting that one of the impacts of Newsom’s layoffs—scheduled to kick in on February 12, 2009– will be increased injuries all around.

7.5 better ways to balance the budget

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OPINION In Mayor Gavin Newsom’s seven-and-a-half-hour YouTube series on the state of our city, he spends barely 30 seconds addressing the budget deficit.

Newsom’s mid-year budget cut plan is completely out of touch with the fundamental priorities of our city. At a time when residents are feeling the impact of the recession in their daily lives, the mayor’s plan guts our public health safety net by slashing programs that serve seniors on fixed incomes and by reducing frontline healthcare workers.

What’s more, the mayor’s mid year cuts leave untouched his bloated senior staff and protects management-heavy departments around City Hall.

So, in response to the effort to balance the budget by slashing tens of millions in health services for the city’s neediest, a coalition of health workers, health providers, and patients are putting forward alternative ways to address the city’s budget problem that are worth our time and thought.

Among the ideas offered by the Coalition to Save Public Health are the following:

1. Start at the top, not at the bottom. Since the mayor first took office, the number of highly paid managers has skyrocketed while the number of employees providing basic city services has stagnated. It’s time to tighten our belt at the management level and eliminate all but the most essential positions that pay more than $100,000 per year.

2. Practice what you preach. In November 2007, the mayor announced a non-essential hiring freeze to deal with the budget crunch. Newsom then promptly spent hundreds of thousands of dollars hiring new senior staff including highly paid and duplicative special assistants for climate control initiatives, "neighborhood empowerment," and a new greening czar. All new staff hired since November 2007 who are paid more than $100,000 should be cut.

3. Cut duplicative programs. The city spends more than $10 million per year on small business outreach and economic development. The Mayor’s Small Business Assistance Center duplicates those services and costs nearly $800,000 every year.

4. Listen to the voters — cut the Community Justice Court. Proposition L was rejected by more than 57 percent of the San Francisco electorate. It’s time to listen to the voters and preserve revenue by cutting current-year funding for the CJC.

5. Save on spin, spend on substance. A recent controller’s report found that the city spent more than $10 million in salaries for public relations and public information staff, including funding for seven people in the Mayor’s Office of Communications last year. The mayor should cut all unnecessary PR staff and reduce his spin operation to two people.

6. Cut the fat, not the bone. Both police and fire unions are due for 7 percent pay increases. As the city cuts salaries or lays off staff across the board, the mayor should work with the board to reopen fire and police contracts.

7. Eliminate unnecessary drivers. For years, the Fire Department’s battalion chiefs have relied on "chief’s aides" to chauffer them around the city. The estimated cost for these positions is more than $2 million.

7.5 Cut in half the city’s contribution to the opera and symphony. In the current year, the city is contributing close to $4 million in General Fund revenue to the operation of the opera, symphony, and ballet. We can’t afford to subsidize organizations with enormous endowments while we slash services for people in need.

Aaron Peskin is president of the Board of Supervisors.

Tap dreams

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› amanda@sfbg.com

On Dec. 2 two water conferences were held in San Francisco, attended by very different groups of people.

Downtown, in a room deep within the Hyatt Regency hotel, executives from PepsiCo, Dean Foods, GE, ConAgra, and other major companies gathered for the Corporate Water Footprinting Conference. The agenda that the conference made public included a presentation by Nestlé on assessing water-related risks in communities, Coca-Cola’s aggressive environmental water-neutrality goal, and MillerCoors plan to use less water to make more beer.

But what these giant corporations, which are seeking to control more and more of the world’s water, really discussed the public will never know. Only four media representatives were permitted to attend — all from obscure trade journals not trafficked by the typical reader — and both the Guardian and the San Francisco Chronicle were denied media passes.

The event was sponsored by IBM, and tickets were $1,500 — out of reach for many citizens and environmentalists who might have liked to attend.

And why might people take such a keen interest in the kind of corporate conference that probably occurs routinely in cities throughout the world?

Because there’s almost universal agreement that the world is in a water crisis — and that big businesses see a huge opportunity in the privatization of water.

Only one half of 1 percent of all the water in the world is freshwater. Of that, about half is already polluted. Although water is a $425 billion industry worldwide — ranking just behind electricity and oil — one in six people still don’t have access to a clean, safe glass of it. If the pace of use and abuse remains, the 1.2 billion people living in water-stressed areas will balloon to more than 3 billion by 2030.

That includes California. On June 4, Gov. Arnold Schwarzenegger declared a statewide drought after two lackluster seasons of Sierra snowfall. Scientists are predicting the same this winter. You can see how the state is mishandling the issue by looking at some recent legislation. Schwarzenegger and Sen. Dianne Feinstein have proposed a $9.3 billion bond to build more dams, canals, and infrastructure. At the same time, the governor vetoed a bill that would have required bottled water companies to report how much water they’re actually drawing out of the ground.

In that context, while the big privatizers were hobnobbing at the Hyatt, activists were attending a very different event, the "Anti-Corporate Water Conference," held at the Mission Cultural Center. It was free and open to the public and the media. More than 100 people gathered to hear a cadre of international organizations share information on how to keep this basic human right — water — in the hands of people.

Speakers included Wenonah Hauter, director of Washington, DC-based Food and Water Watch; Amit Srivastava of Global Resistance, a group that works to expose international injustices by Coca-Cola; Mark Franco, head of the Winnemem Wintu Tribe, which lives among water bottling plants near Mount Shasta; and Mateo Nube, a native of La Paz, Bolivia, and the director of Movement Generation Justice and Ecology Project.

Nube spoke about water as a commons, requiring stewardship, justice, and democracy. "We’re literally running out of water. Unless we change the way we manage, distribute, and consume water, we’re going to have a real crisis on our hands," he said. Nube’s remarks tied together the tensions of control and revolt, democracy and privatization, ecological balance and human need — all enormous issues, all related to water and water scarcity, which the Worldwatch Institute has called "the most under-appreciated global environmental challenge of our time."

BASIC NEED, INFINITE MARKET


Water is a basic human need, perhaps even more important than clean air, food, and shelter. People will never strike against water and stop drinking.

And that means, from a capitalistic point of view, it’s a perfect, nearly infinite market. "As water analysts note, water is hot not only because of the growing need for clean water but because demand is never affected by inflation, recession, interest rates or changing tastes," wrote Maude Barlow in her 2007 book Blue Covenant.

If scarcity drives price, anyone with a stake in the water industry stands to gain from an increasingly water-stressed world. As Barlow also reported, "In 1990, about 51 million people got their water from private companies, according to water analysts. That figure is now more than 300 million." By controlling the resource and choosing when and if they engage with the public it allows some of the biggest water abusers to set the terms of a critical ongoing debate.

The fact that humans need water raises important questions: should water be classified as a basic human right available to everyone? Is water part of the commons? If so, should corporations be allowed to control the taps or bottle it, mark up the price, and sell it for profit?

Not much polling has been done on people’s opinions of water, but during 35 informal on-the-street interviews conducted by the Guardian, 31 people said it is a basic human right. The other four said it was subject to the laws of supply and demand.

This week marks the 60th anniversary of the United Nations Universal Declaration on Human Rights, and Barlow, who has been appointed special advisor on water to the UN, will be addressing the General Assembly on the fact that water is still missing from the original 30 Articles.

"The reason that water was not included in the original 30 Articles in the Universal Declaration of Human Rights is that no one at that time could conceive there would be a problem with water," Barlow told the Guardian. "It’s only in the last 10 years that the concept of water as a human right has come to the fore."

The problem has its roots in the inherent conflict between conservation and profit. Saving water is relatively cheap, but there’s no money to be made by eliminating waste. Developing expensive new water sources, though, is a potential private gold mine.

As Barlow points out in her book, technology is becoming an integrated part of the solution to the water crisis. Desalination plants, water recycling facilities, and nanotechnology are all being thrown at the problem — in some cases before a full assessment of use and abuse has occurred.

While technological solutions may be warranted in some places, Barlow worries that relying on them bypasses any true attempts at efficiency and conservation. "I’m not going to say there’s no place for water cleanup," she told the Guardian. "What I’m concerned about is we’re going to put all the eggs in the cleanup basket and not nearly enough in the conservation and source protection basket. What I’m concerned about is the idea that technology will fix it. Meanwhile, don’t stop polluting, don’t stop the over-extraction, allow the commercial abuse of water, allow the agricultural abuse of water because what the heck, there’s tons of money to be made cleaning it up. I think that’s the wrong way of coming at it."

The technological fix is one way the state’s water crisis may slowly seep into private sector control, and a couple of examples show what can happen when private companies don’t play nice with the public, how citizens constantly battle with state agencies to enforce regulations, and how the public process could and should be honored.

GET THE SALT OUT


In theory, California has plenty of water — its 700 miles of coastline border the giant reservoir known as the Pacific Ocean. But humans can’t drink salt water — and some companies see a nice industrial niche in that dilemma. Build a plant that takes out the salt, and suddenly there’s plenty for all.

Several small desalination facilities already exist throughout the state, mostly cleaning water reservoirs brined by agriculture. But another 30 desalination plants have been proposed for the coast as a way to deal with future water shortages.

One is in Carlsbad, near San Diego, where Poseidon Resources is constructing the only large-scale desalination plant that the state has permitted to date. It’s a 10-year-old project that, so far, doesn’t even have a pipe in the ground.

Despite Poseidon’s ability to grease the wheels with local officials, the facility is controversial. It sits next to a fossil-fuel burning peaker power plant, and will be desalinating the power plant’s discharge water, thus shielding its negative environmental impacts by claiming its the power plant that’s sucking up seawater and damaging marine life — the desalination plant is just making use of the wasted water.

That argument doesn’t sit well with Joe Geever of the Surfrider Foundation, who pointed out that part of the power plant is scheduled for a retrofit to air-cooling, and talk is of a potential state ban on using water for this type of cooling system. There are other more environmentally benign seawater extractions, he said, like drilling and capturing subsurface sources, that the desalination plant could have used.

Mostly, he contends, the plant subverts conservation. "Per capita consumption of water in San Diego is much higher than other places," he said. "In southern California we waste an enormous amount of water on growing grass. There’s a lot to be saved."

Poseidon, a private company, is footing the bill for the plant’s construction, but the financing scheme is predicated on a future increase in the cost of water. As Poseidon’s Scott Maloni explained to the Guardian, the contract with the San Diego Water Authority states that the cost of desalinated water can never be more than the cost of imported water. It can, however, walk in lock-step with it — and by all accounts the price to pipe water to sunny southern California is going to increase. Maloni said his company was taking an initial loss but would start paying itself back as imported water costs increase. Eventually rates will be set halfway between the real cost of desalinated water and the higher cost of imported water.

What kinds of guarantees are there that this will happen? Nobody knows. "They’ll say anything, but when it comes to showing you a contract, we’ve never seen anything," said Adam Scow of Food and Water Watch. "There’s a lack of regulation with a private company controlling the water."

The plant now has no less than three lawsuits hanging over it, all filed with state agencies in charge of permitting and oversight — the Coastal Commission, the State Lands Commission, and the San Diego Regional Water Quality Control Board. All basically contend that the state didn’t do enough to require Poseidon to implement the most environmentally sound technology that’s least harmful to marine organisms, as required by state law.

Geever stresses that desalination is an energy-intensive way to get water. "Every gallon of water you conserve is energy conserved," he said. "Not only could San Diego do more conservation, but they don’t recycle any wastewater to potable water standards. That’s much less energy intensive."

Poseidon counters by saying that it invested $60 million in energy efficiency measures for the plant and will be installing solar panels on the roof. Perhaps most telling is that the company sees itself as vending reliability. "It’s not the current cost of water the San Diego Water Authority is concerned about, but the future cost for an acre-foot," Maloni said. "There’s a dollar figure you can put on reliability. Public agencies are willing to pay us a little more for that."

Which gets back to a comment Barlow made about capitalizing on crisis. "We are frightened half to death and everyone who looks at it, right-wing or left-wing, sees that. … They use the crisis to say we have no alternative except to go into massive desalination plants."

And, as Peter Gleick, president of the Pacific Institute pointed out, San Diego wasn’t calling for proposals to bring it more water. "Poseidon wanted to build a desalination plant and it came to San Diego. That’s one way to do it. The other way is for a municipality to say we want a desalination plant, we’re opening it up to bids, let’s have a competition. That didn’t happen, and instead we have one contractor."

Geever added, "Poseidon has been really successful at lobbying politicians and convincing regulators to give them permits."

Which points to one of the chronic ills of managing water systems, particularly in California where water has always been political. "In the 20th century decisions about water were made by white males in back rooms," said Gleick. "It solved a lot of problems, but it led to a lot of environmental problems. The days when water decisions made in back rooms should be over. And they aren’t over, and that’s part of the problem."

DELTA BLUES


Nowhere is that more obvious than the delta, where the state’s two most prominent rivers — the Sacramento and the San Joaquin — meet the Pacific Ocean just north of San Francisco. It’s ground zero for one of the most charged political fights in the state.

Two-thirds of California’s water comes from the delta. About 80 percent of it goes to cropland, watering about half of the state’s $35 billion agricultural industry, much of it through historic water rights that have been granted to a small lobby of powerful growers who sell their surplus rights for profit. Another 18 percent goes to urban water needs, and — in spite of the fact that this is the largest estuary on the west coast of North and South America — only 2 percent of the water remains for natural environmental flows.

Delta issues are legion and begin at the headwaters of the Sacramento River, near Mount Shasta, a land Mark Franco describes as an Eden. "The deer, salmon, and acorns that we eat — everything that we need is there," Franco told the Guardian. "It’s such a beautiful place. Now they’re drying it, that Eden."

Franco is head of the Winnemem Wintu, or "little water people" tribe, and is fighting the first phase of water diversions from the Sacramento River, 200 miles north of the capitol where companies like Coca-Cola, Crystal Geyser, and now, potentially, Nestlé, pump millions of gallons a year into small plastic bottles and ship it around the country to sell in groceries and convenience stores.

"Here in the US, people have become soft. They’ve become so used to just having things directly handed to them that they no longer understand where their water comes from," he said at the anti-corporate water conference. "Realize this: those springs on Mount Shasta are not an infinite supply of water."

After the Sacramento feeds the bottled-water companies, what remains wends its way south, with more diverted directly to farmers and into the State Water Project, which pipes it to drier southern regions. What’s left empties into the delta.

A lack of fresh water, flagging environmental preservation, increasing agricultural needs, and leveed island communities that are seismically unsafe and sinking, all mean the delta is failing as an ecosystem, and has been for some time. Chinook salmon and delta smelt populations are collapsing to such an extent that court orders have halted a percentage of water diversions and salmon fisherman were forced to dock their boats this year. Levees are crumbling, causing islands to flood and raising ire among landowners. Farmers with historic water rights are fiercely protective of them, while environmentalists are lobbying them to use more conservation and efficiency.

Nearly all stakeholders agree that the status quo won’t hold.

The challenge is finding a solution. Ending exports seems impossible, limiting them means massive investments in other resources. No one agrees on what will really save the endangered salmon and smelt or improve conditions for the 700 other native plants and animals.

In 2006, the governor convened a seven-member Delta Vision Blue Ribbon Task Force, which released a strategic plan in October calling for balancing co-equal goals of ecological restoration and water reliability.

The plan also specifically recommended a dual conveyance system similar to what was proposed in a study by the Public Policy Institute of California. It combines some through-delta pumping with a peripheral canal around the delta. PPIC crunched the numbers and determined that the canal was economically better than any of the four options they had weighed.

The peripheral canal idea isn’t new, but it’s been controversial since it was first proposed almost three decades ago. The plan was ushered by then-Gov. Jerry Brown, but defeated by voters in 1982 after a major organizing effort by environmentalists. (Whether voters will cast ballots on it this time remains to be seen, though the Attorney General’s Office, now headed by Brown, has counseled the Department of Water Resources, which is charged with implementing whatever plan is decided upon, that a vote of the people isn’t required.)

Shortly after its release in July, the PPIC report was criticized by five elected Congressional Democrats — Reps. George Miller, Ellen Tauscher, Doris Matsui, Mike Thompson, and Jerry McNerney. "The PPIC report should not be used to ignore the many things that can be done today to restore Delta health, including providing necessary fish flows, undertaking critical ecosystem restoration projects, and making major investments in water recycling and improved conservation measures," Miller said.

Numbers used by the PPIC report have also been criticized by Jeffrey Michael, a business professor at the University of the Pacific in Stockton. In an analysis of PPIC’s work, Michael said the group had used inflated population figures, as well as high costs for desalinated and recycled water, therefore resulting in a report that made it look like it was too expensive to end delta exports altogether and replace them with other water sources.

The PPIC said the state’s population would be 65 million by 2050, that desalinated water costs $2,072 per acre-foot, and recycled water goes for $1,480 per acre-foot — numbers that were scaled to 2008 dollars from 1995 figures. Michael contends that if the numbers were adjusted to reflect actual costs, the peripheral canal wouldn’t look like such a sweet deal.

Maloni, of Poseidon Resources, said the desalinated water cost would be $950 per acre-foot for San Diego, including a $250 subsidy. A similar plant the company is hoping to construct in Huntington Beach will be about $50 more per acre foot.

When asked if $2,100 per acre-foot was a reasonable figure for desalinated water in California, Maloni said, "That’s nuts."

What does all this illustrate? That even among a small cast of purported experts there’s little consensus on several fundamental issues.

Adding more fuel to the fires of public skepticism is that a third of the funding for the PPIC report came from Stephen D. Bechtel Jr. — heir to the Bechtel Corp., which has come under tremendous criticism for its moves to privatize water around the world.

"That is very upsetting to us. They would stand to gain a lot with a contract to build a peripheral canal," said Barbara Barrigan-Parrilla of Restore the Delta.

PPIC’s Ellen Hanak said the funding didn’t affect their findings. "It’s really much more linked to the fact that the foundation is really interested in the environment and water is a part of that."

Linda Strean, the PPIC’s public affairs officer, told the Guardian that it was Bechtel himself who wrote the check, not the foundation. It’s the first time Bechtel has given to PPIC.

But considering Bechtel’s past performance managing water, it doesn’t inspire much confidence.

BECHTEL’S BIG ADVENTURES


In April, Cesar Cardenas Ramirez and César Augusto Parada, traveled from Guayaquil, Ecuador, to San Francisco. The two men were on a fact-finding mission: they wanted to know more about the company that owns Interagua, the company that is supposed to deliver the drinking water that only occasionally comes out of the taps in their homes.

One of the first things they discovered is that 50 Beale St. doesn’t necessarily advertise itself as the home of Bechtel — one of the world’s largest private corporations, with global construction and infrastructure contracts amounting to billions of dollars annually.

In Guayaquil, water service has been problematic for decades. During the 1990s the country received a loan from the Inter-American Development Bank to improve basic infrastructure. The money was given directly to the government, but like many World Bank and International Monetary Fund loans granted throughout Latin America at the time, it was predicated on an eventual privatization of the water service contract.

The money helped — water conditions improved, and the city seemed to be on track to bring service to outlying areas. But in 2000, the city, abiding by the loan conditions, requested bids to run the water and sewage systems. No bids were received. Leaders scaled back provisions that kept some control in the hands of the government, and they got one response. In 2001, Interagua, a company owned by Bechtel, took over water service.

"Since the contract, nobody has been able to drink the tap water," Cardenas, who represents the Citizen’s Observatory for Public Services, a watchdog group formed in Guayaquil to monitor the water contract between the government and Interagua, told the Guardian. "Prior to the contract you could drink the tap water, although there were some sections of the city where the plumbing was old and inadequate."

Even though Interagua is managing a public service, because it’s a private company, information about its exact responsibilities have been elusive. The Observatory does know that Interagua pays nothing for the water it draws from the local river, is guaranteed a 17 percent rate of return, and that it has a minimum mandate to expand service. What’s also known is its citizens’ experience — during the first six months of the contract, some rates were increased 180 percent.

Bechtel’s SF office refused to meet with the two men or answer their phone calls, e-mails, and letters, which highlights the inherent problem with corporate control of water — a lack of accountability. Bechtel didn’t answer any of the Guardian‘s detailed questions regarding the Interagua contract, and only provided a three-page letter originally drafted to the World Bank in December 2007, that paints a rosy scene of productivity and accomplishment in Guayaquil.

"At present, over 2.1 million residents of Guayaquil (84 percent of the population) are connected to the municipal potable water system, and more than 90 percent of the customers have 24-hour per day, uninterrupted service." The letter goes on to state that coverage is expanding with new connections, water quality meets public health standards, prices have decreased, and procedures are in place to help customers who have higher than average bills.

"There are things that have improved, yes," said Emily Joiner, who spent last summer in Ecuador and is author of the book Murky Waters, a history of water issues in Guayaquil published by the Observatory in 2007. But the bottom line is that citizens pay for the service, but they can’t drink the water.

"You still don’t drink the water anywhere in the city at any time," said Joiner. People buy bottled water or boil it. "Bottled water is expensive, as a percentage of income," she said.

Whereas water service was previously priced more like a progressive income tax, with the lowest consumers paying the lowest rates, Interagua has flattened out the rate structure and now big water consuming businesses are paying the same as residents. "It’s pricing some families out of the market," Joiner said. "It’s great for business. It’s not great for people who don’t have enough water to bathe or wash their clothes."

The Observatory would like the water system turned back over to the government. The local authority, which once ran the water service and is now charged with overseeing Interagua, fined the company $1.5 million for not meeting goals for expanding service. According to Joiner, there’s been no follow-up on whether the company is meeting those goals now.

The Observatory also filed complaints with the World Bank, which attempted a settlement, but, according to Joiner, representatives from Interagua refused to sit down at the same table as Cardenas. "The process stalled," Joiner said. "Interagua said the issue had become too politicized. César [Cardenas] has a reputation for rabble-rousing, and at the time he was lobbying for constitutional amendments outlawing privatization. Interagua considered it negotiating with a hostile party."

A new constitution was passed in September that does, in fact, outlaw privatization, but still allows existing contracts to be honored if they pass a government audit.

In the meantime, the local rumor is that Bechtel is arranging to sell Interagua to another company. Bechtel wouldn’t confirm this, and no one could say more beyond what was reported in speculative articles in Guayaquil’s local newspapers.

It wouldn’t be the first time Bechtel bailed on an international water contract. In what was part of a massive privatization of a variety of Bolivia’s national services, in 1996 the World Bank granted the city of Cochabamba a $14 million loan to improve water service for its 600,000 citizens. Like Ecuador, there were strings attached: a future privatization of the city’s water service. It was sold to Aguas del Tunari, the sole bidder — also a subsidiary of Bechtel. Almost immediately rates increased by nearly 200 percent for some families. In January 2000, people stopped paying, started rallying, and the water war began.

Led by La Coordinadora for the Defense of Water and Life, organizers shut down the city, physically blockading roads and demanding the regional governor review the contract. The battle went on into February, resulting in injuries to 175 people and the death of one. Originally the government announced a rate rollback for six months, but the Bechtel contract remained. "The [Bechtel] contract was very hard to get a hold of," Omar Fernandez of the Coordinadora told Jim Schulz of the Democracy Center. "It was like a state secret." Once they did examine a copy of it, Bechtel’s sweetheart deal for a guaranteed 16 percent profit was exposed and people demanded a full repeal.

Eventually, the residents got it, and though decent water service in Cochabamba is still elusive, the water war has become the poster child for successful grassroots activism.

"One of the most inspiring struggles around community control of water happened in Cochabamba, Bolivia, in the year 2000, when international corporation Bechtel — based here in San Francisco — privatized the municipal water system and hiked the water rates for citizens by 30 to 40 percent. Thankfully, there was a popular upsurge. It was a very bitter struggle and people succeeded in turning control back to public hands.

"This success changed the public debate in Bolivia," said Mateo Nube, a native of La Paz, Bolivia, who spoke at the anti-corporate water conference. "People said ‘enough’ to privatization, enough to corporate control. We need to seize control of our government."

You don’t have to go to Bolivia to find water-privatization battles. In 2002, catching wind that the city of Stockton was on the brink of privatizing its water services, the Concerned Citizens Coalition rallied signatures for a ballot measure against the idea. Weeks before the vote, the Stockton City Council narrowly approved one of the west’s largest water privatization deals — a 20-year, $600 million contract with OMI-Thames. The ballot measure still received 60 percent approval, and activists took the issue to court arguing there hadn’t been a proper CEQA process. In January 2004, according to the Concerned Citizens Coalition Web site, "San Joaquin County Superior Court Judge Bob McNatt ruled in our favor — we won on all points. The judge ruled that privatizing, in and of itself, needed environmental review." The city appealed, but eventually dropped the suit and OMI walked away in March 2008.

PUBLIC AGENCY, PUBLIC PROCESS


Bechtel also failed to hold on to a more local contract, a $45 million deal with the SFPUC to manage the first phase of its multibillion dollar Water System Improvement Project. After a 2001 story by the Guardian exposed Bechtel’s exorbitant billing for services that resulted in few gains (see "Bechtel’s $45 million screw job," 9/12/01), the contract was revoked by the Board of Supervisors and granted to Parsons, which runs it now.

Years later, in 2007, when the SFPUC released a draft of the Environmental Impact Report for the $4.4 billion project, massive public outcry arose against it. The plan outlined major seismic upgrades for miles of aging water infrastructure between San Francisco and Yosemite National Park, where the headwaters of the Tuolumne River are captured by a giant dam in Hetch Hetchy Valley and gravity-fed to the city. While the EIR projected little additional water use for San Franciscans, it called for diverting an additional 25 million gallons of water per day from the Tuolumne to meet the needs of 23 wholesale customers in San Mateo, Santa Clara, and Alameda counties.

The Pacific Institute and Tuolumne River Trust collaborated on a study showing that 100 percent of the anticipated water increases were for those wholesale customers — most of it for outdoor water use. The SFPUC hadn’t factored in any increased conservation, efficiency, or recycling measures, nor had it independently questioned the growth numbers.

The EIR received upwards of 1,000 public comments, more than any other document ever generated by the SFPUC. Environmental groups rallied, writing editorials, flooding public meetings, and asserting a different vision of the Bay Area’s water future and stewardship of its primary, pristine water resource.

And it worked. "We got about 95 percent of everything we wanted out of the WSIP process," said Jessie Raeder of the Tuolumne River Trust. "We do consider the WSIP a huge win for the environmental community … because we were able to organize and get a seat at the table and discuss this with the PUC." She said the Bay Area Water Stewards, a coalition of environmental groups, met with the PUC nearly every month and slowly the initial additional river diversions were pared down to a possible 2 million gallons. Also, a cap has been placed on any diversions until 2018, which gives agencies time to implement conservation and efficiency measures.

The SFPUC feels positive about it, too. "We are really thrilled that the program EIR was approved by the Planning Commission, approved by the PUC, and not appealed," said spokesperson Tony Winnicker. He said there were really controversial elements and the trick was balancing the competing interests of wholesale customers and environmental groups. "It took a really hard-nosed look at our demand projections and what we could really do for conservation." He concedes there are still controversies, in particular over the Calaveras Dam, which the Alameda Creek Alliance opposes. "It would be hubris for us to say it’s been a complete success."

"This is a process that would only occur through a public agency," Winnicker added.

"What we saw with the WSIP was a solution where everything was fully transparent," Raider added. "It was all a public process, and there was plenty of opportunity for public input."

Which is really what a public water utility should be doing. "When you’re talking about public water, it isn’t them, it’s us," said Wenonah Hauter, director of Food and Water Watch. "A public water system is only as good as the people involved with it."

DRINK LOCALLY


"This conference isn’t a public event," organizer Andrew Slavin told the Guardian when we tried to gain admittance to the Corporate Water Footprinting Conference. While water activists rallied outside deriding the corporations inside for greenwashing their images, Slavin said that the fact that the conference wasn’t open to the public proved that the corporations weren’t trying to do environmental PR. "If they’re trying to do greenwashing this isn’t the place to do it. The aim is to try to share information."

Slavin pointed to representatives speaking from the Environmental Protection Agency, the SFPUC, and NGOs like the World Wildlife Fund. From an environmental perspective, if these companies are going to be using water, isn’t it worth working with them to reduce their impacts?

"There are companies I call water hunters," explained Maude Barlow. "They destroy water to make their products and profit. Unfortunately, some of the companies that are leading this conference are bottled water companies. I don’t know how you can become ‘water neutral’ if your life’s work is draining aquifers."

Many water activists consider bottled water the low-hanging fruit as far as getting people to change behaviors. San Francisco banned the use of tax dollars to buy it, and the SFPUC has been promoting its pristine Hetch Hetchy tap water, gravity-fed from Yosemite National Park. "Bottled water companies are basically engaged in a multiyear campaign. Their marketing approach is you can’t trust the tap, your public water isn’t safe," Winnicker said.

Slavin said he thought it was weird to protest the conference, because the corporations are genuinely trying to avoid conflicts. He pointed to a company called Future 500 that has created a business out of mediating between corporations and communities. "It’s hard for companies to speak to people so they use other companies to do it," Slavin said.

In fact, representatives from Future 500 appeared to be the only conference attendees who stepped outside to watch the protest.

"I think it’s great," Erik Wohlgemuth of Future 500, said of the protest. "I think press should have been there. I think more of these voices should have been there. My personal view is they need to come up with some sort of reduced rate to allow these nonprofits to attend these kinds of conferences."

Jeremy Shute, a representative from global infrastructure company AECOM who was standing with Wohlgemuth, said, "There’s a tremendous amount of research and thought going into these questions and it would be great if that knowledge could be shared."

But is that going to happen when private companies cite "proprietary interest" as a reason for not sharing more information about their businesses? Or when they don’t have to abide by public records laws, leaving their contracts shielded from public scrutiny? Or when they refuse to answer calls from their constituencies and the media? In which case, should those advocates be in the same room as some of the biggest water users in the world? When pressed with the question, Slavin seemed stumped. "Why didn’t we invite them?" he asked. Then, after a long, thoughtful pause, he said, "I don’t know."

————————

WATER, BY THE NUMBERS

One-half of 1 percent of the world’s water is fresh. [1]

Of that .5 percent, about 50 percent is polluted. [2]

One in 6 people don’t have access to clean, safe water. [3]

Five food and beverage giants — Nestlé, Unilever, Coca-Cola, Anheuser Busch, and Groupe Danone — consume almost 575 billion liters of water per year, enough to satisfy the daily water needs of every person on the planet. [4]

The average human needs about 13 gallons of water each day for drinking, cooking, and sanitation. [5]

An average North American uses about 150 gallons of water each day. [6]

An average African: 1.5 gallons. [7]

An average San Franciscan: 72 gallons. [8]

The average Los Angeles resident: 122 gallons. [9]

About half the water used by a typical home goes for lawns, gardens, and pools. [10]

50 percent of US water comes from non-renewable groundwater. [11]

86 percent of Americans get their water from public water systems. [12]

80 percent of California’s homes get water from public systems. [13]

The 20 percent of CA households receiving water from privately-owned systems pay an average of 20 percent more for it. [14]

Of the 4.5 billion people with access to clean drinking water worldwide, 15 percent are buying it from private water companies. [15]

It takes 3 liters of water to produce 1 liter of bottled water. [16]

Tests of 1,000 bottles of water spanning 103 brands revealed that about one-third contained some level of contamination. [17]

The bottled water industry is worth $60 billion a year. [18]

Water is the third biggest industry in the world, worth $425 billion, ranking just behind electricity and oil. [19]

About 70 percent of CA’s water lies north of Sacramento, but 80 percent of the demand is from the southern two-thirds of the state. [20]

[1] www.gwb.com.au/gwb/news/mai/water12.htm

[2] Maude Barlow, interview with SFBG

[3] foodandwaterwatch.org/world/utf8-america/water-privatization/ecuador/bechtel-in-guayaquil-ecuador

[4] The Economist magazine

[5] www.ens-newswire.com/ens/mar2002/2002-03-22-01.asp

[6] www.canadians.org/water/publications/water%20commons/section4.html; environment.about.com/od/greenlivinginyourhome/a/laundry_soaps.htm

[7] montessori-amman-imman-project.blogspot.com/2008/01/in-news-interview-with-ariane-kirtley.html; answers.yahoo.com/question/index?qid=20080304195801AAnrv4Y

[8] sfwater.org/mto_main.cfm/MC_ID/13/MSC_ID/168/MTO_ID/355

[9] www.nwf.org/nationalwildlife/article.cfm?articleId=928&issueId=68

[10] American Water Works Association

[11] www.canadians.org/integratethis/water/2008/May-28.html

[12] www.foodandwaterwatch.org/water/private-vs-public

[13] California Public Utilities Commission

[14] Black and Veatch’s 2006 California Water Rate Survey

[15] www.canadians.org/water/publications/water%20commons/section2.html

[16] www.pacinst.org/topics/water_and_sustainability/bottled_water/bottled_water_and_energy.html

[17] Natural Resources Defense Council study, "Pure water or pure hype?" (1999)

[18] www.bottlemania.net/excerpt.html

[19] www.timesonline.co.uk/tol/money/article4086457.ece; thegreenblog.leedphilly.com

[20] www.energy.ca.gov/2005publications/CEC-700-2005-011/CEC-700-2005-011-SF.PDF

Ricky Angel and Katie Baker assisted with research.

Cut half the general fund?

6

by Tim Redmond

I’m not kidding. That’s what the numbers right now suggest. San Francisco over the next year could face a budget deficit of $576 million — almost half of the entire discretionary money that the city has to spend.

Mayor Gavin Newsom, frankly, is entirely missing in action on this one. He’s been hiding out, doing his budget discussions in secret, playing Where’s Waldo (even showing up that the board meeting without a budget plan) and leaving City Hall and thousands of city workers, nonprofits and activists wondering what the hell is going on. The lack of leadership is mind boggling.

In the vacuum, the Coalition to Save Public Health has proposed a series of alternative cuts, and Sup. Aaron Peskin, writing in tomorrow’s Bay Guardian, suggests that the board consider them. The proposals include eliminating unnecessary jobs that pay more than $100,000 a year, cutting back the mayor’s seven-person PR staff, cutting the money the city gives to the Opera and Symphony and re-opening the police and fire contracts. These are all good ideas — and they might, in the best of all circumstances, add up to ten or 20 percent of the deficit.

The reality is that the mayor is going to be making some brutal cuts now — and it will be much worse in a few months, when the supervisors have to deal with the next fiscal year’s budget. You can’t cut half a billion dollars out of San Francisco city government without eliminating a lot of essential programs. Public health? Decimated. Parks and Rec? A wreck. Muni? Service will get way worse, fares may go up, and the city’s commitment to public transit will be at risk. What’s the city do for you? Get ready to give it up.

And you think the job market is bad now and the recession starting to hit the city hard? Imagine when a few thousand city employees join the unemployment lines.

So what are we supposed to do? Let me make a suggestion.

The worst thing a government agency can do in a recession is cut spending. The feds can borrow money and keep spending, but the city can’t. So we simply need to face the fact that this is an emergency, a crisis, the worst situation since the 1930s – and we need to look for new revenue.

We can’t mess around with half steps, either. We need big money, right now – and the best, most fair and progressive way to get that is with an income tax.

Now, the city can’t just impose an income tax on residents, the way New York City and Philadelphia do. The California Constitution pre-empts that. But the city CAN levy a tax on all income earned within the city. So the commuters pay, too (although residents who live here and work somewhere else don’t; it’s an imperfect world). Oakland passed a tax on income earned in the city in the 1970s, and the issue went all the way to the state Supreme Court, which ruled in Weekes v. City of Oakland that the tax was perfectly legal (the City Council dropped the tax anyway). Here’s an opinion on it.

The nice thing about income taxes is that they hit the rich harder than the poor. In fact, San Francisco could exempt, say, the first $100.000 of income, then use a progressive scale to make sure that only well-off people paid anything, and the richest paid the most. Even in a recession, there are rich people in this town, people who have done very well under the Bush tax cuts – and shifting money from the rich to the poor during a recession is excellent economics.

And an income tax could actually bring in enough cash to make a real difference.

Of course, the rich people who pay it can deduct the local tax from their state and federal returns – so a lot of the money actually comes to SF from Washington and Sacramento.

Passing something like this would be a huge political challenge – it would have to go on the ballot, and nobody wants new taxes, and the Chamber of Commerce types would howl and raise huge sums to defeat it. It could only work if the entire City Hall establishment, starting with the mayor, was willing to go out and campaign, hard, for the measure. Make it temporary – the tax would expire in two years. Make it progressive – nobody who is hurting financially would pay a heavy burden. And tell the voters: We tax the rich, or we close libraries, and eliminate Muni lines, and take cops off the streets, and close fire stations, and let sick people die because they can’t see doctors – and watch the local economy fall even deeper into recession as city spending plummets.

Because that’s what we’re talking about here. These are the choices.

There’s a good chance the state will have a special election in the spring – a tax measure could go on the ballot then. Or the city could hold its own special election. And if the city income tax doesn’t fly, I’m open to something – anything – else. But is has to be big, and we have to move on it now.

Any takers?

Newsom’s shocking Board appearance

2

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WTF?! Mayor Gavin Newsom shocks everyone by making a surprise “Bad News” visit to the Board.

Photos by Luke Thomas
Text by Sarah Phelan

For years, voters have been asking Mayor Gavin Newsom appear before the Board of Supervisors for monthly policy discussions. And for years, MGN has refused, claiming that such invites were “political theater.”

So, eyeballs understandably popped and jaws dropped when Newsom showed up at today’s Board meeting.
What could have possibly got the Mayor to come and talk to the Board?

A $576 million budget deficit, as it turns out. That’s almost half the City’s $1.2 billion in discretionary funds.

“That arguably makes it the most daunting crisis since the Great Depression,” Newsom observed.

But while the Mayor claimed he had come to the Board to “share the challenge”, he did not share copies of his proposed solution, until hours later at a press conference he did not attend. In other words, no one could ask the Mayor hard questions about his proposed plan in real time. And that was a tad frustrating.

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The media try to make sense of the Mayor’s proposal as Dr. Mitch Katz talks about what it means for the City’s Public Health Department.

Instead, Newsom did what he seems to do best: he stood there, hair and nails immaculate, spouting numbers, percentages, and statistics about his package which he dubbed, ” $118 million in proposed mid-year solutions.”

Somehow,he didn’t get to the part about the 399 pink slips that will be sent to City workers on Friday, or the 313 vacant positions that will also be eliminated.

Those details were left to Controller Ben Rosenfield and Budget Director Nani Coloretti to share with the press, as we stood in the International Room, surrounded by glass cases filled with signed memorabilia from the likes of “Their Royal Highnesses” Prince Charles and his wife Camilla.

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The Mayor’s “dream team” address media questions in the International Room,

It also fell lto the Mayor’s financial team to spell out that this mid-year proposal only addresses $100 million of the problem, meaning 2009-2010 will likely look four times worse.

Meanwhile, some supervisors were left wondering of there will there be any meaningful collaboration between Newsom and the Board, or whether it will take the form of the usual feral faction versus manicured tribe?
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Sup. Chris Daly wonders aloud about “real collaboration.”

“We have the capacity, the ingenuity and the spirit to solve this,” Newsom told the Board, looking painfully alone as he stood in their chambers this afternoon.”It’s going to take all of us working together. It’s in that spirit that I am here..The mid-year solution–difficult and painful as it is–its he easy part. The difficult part comes in the next four months.”
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His appearance was a good first step, but will he follow it up with regular monthly visits, so that the Board can engage him in policy discussions, as per their voters’ requests?

It looks as if the Board isn’t banking on it: Peskin and his fellow supervisors have put together their own package of solutions–an ordinance deappropriating $8.5 million in alternative cuts from the General Fund.

As one aide told me, “It’s important for the Board to set the stage now for the budget discussions in the Spring.”

But it would be great if there was a silver lining to the global crisis-in which the SF Board and Mayor started acting as equal partners in their efforts to save what they can from the economic wreckage.
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Editor’s Notes

0

› tredmond@sfbg.com

I was out of town the day Tom Ammiano appeared at his final meeting as a San Francisco supervisor. Too bad; I would have gone, no matter how busy I was, just to be a part of history.

I know that sounds silly. The Barack Obama inauguration will be part of history. The election of Harvey Milk was part of history. Ammiano’s last day? Hey, the guy’s moving on to Sacramento. Take a bow, everyone says thanks, and another local politician takes another political job. History?

Well, yeah, actually. Because when the history of progressive politics is written in this town (and I hope some other poor sucker takes on that job so I don’t have to) Tom Ammiano will go down as a central figure in the movement that turned San Francisco around.

It’s worth noting that the movie Milk, celebrating the life of the gay pioneer, opened around the same time Ammiano was clearing out his City Hall office. The connection goes deeper than the fact that they were both queer men fighting for basic human rights and dignity at a time when that was a huge uphill struggle.

Milk was part of an urban movement that came out of the 1960s and came of age in the 1970s that sought to wrest control of San Francisco from a cadre of military and big business leaders who had been running it since World War II. The agenda of the crew that we collectively refer to as "downtown" was turning the sleepy port city of the 1930s into the financial headquarters for Pacific Rim trade. They wanted San Francisco to be another Manhattan; they laid plans, they put the machinery in place — and they never asked the people who lived here whether that was the future we wanted.

Because all that downtown development meant higher rents, more evictions, gentrification, budget deficits, too many cars, the death of small businesses … and by the mid-1970s, the activists had figured out how to fight back. It started with electing supervisors by district so that big money didn’t always carry the day.

Milk was elected supervisor as part of the progressive push that put George Moscone in the Mayor’s Office. And if Moscone and Milk had lived, it’s possible that the tide could have turned right then. But the assassinations derailed district elections, turned the city back over to downtown, and sentenced the San Francisco left to more than 20 years of tough political dark ages.

Ammiano got elected in that era, when the developers called all the shots, when tenants and environmentalists and neighborhood people were lucky to get two or three votes on the Board of Supervisors. His pro-tenant and anti-development proposals never even reached the desks of mayors who would have vetoed them anyway.

But he didn’t give up, and in 1999, in the bleak days of the dot-com boom, he took on a long-shot campaign for mayor that, in one six-week period, reenergized the San Francisco left. With his help, district elections came back; and with his leadership, a decidedly progressive board took office in 2001. Living wage, sick pay, universal health care, bike plans, real estate transfer taxes, tenant protections … these are all products of that change.

Ammiano was an odd sort of leader, someone with a sense of humor who didn’t take himself anywhere near seriously enough. He would be the first to credit the movement, not the man — and he’d be right. But when we needed him, he was there.

Decongest me

0

› sarah@sfbg.com

San Francisco could raise $35 million to $65 million for public transit improvements annually by charging drivers $3 to cross specific downtown zones during peak travel hours, according to a San Francisco County Transportation Authority congestion pricing study.

The aim of those fees, SFCTA staffers say, is to reduce congestion, making trips faster and more reliable, neighborhoods cleaner, and vehicle emissions lower, all while raising money to improve local and regional public transit and make the city more livable and walkable — improvements they hope will get even more folks out of their cars.

London, Rome, and Stockholm already have congestion pricing schemes, but plans to charge congestion fees in New York got shelved this July, reportedly in large part because of New Jersey officials’ fears that low-income suburban commuters would end up carrying a disproportionate burden of these fees.

As a result of New York’s unanticipated pressing of the pause button, San Francisco now stands poised to become the first city in the United States to introduce congestion pricing. But the plan requires approval from both local officials as well and the state legislature.

As SFCTA executive director Jose Luis Moscovich told the Guardian last week, "The state has control over passage of goods and people. Therefore, if we want to restrict that in any way, e.g. charging a congestion fee, [we] have to get the state’s permission."

If a congestion pricing plan is to go forward, it will need the support of Mayor Gavin Newsom. Wade Crowfoot, the mayor’s climate change advisor, told us, "It’s obvious that the mayor embraces the concept, as he laid out in his 2008 inaugural address."

But Newsom isn’t signing the dotted line just yet. "The mayor wants to make sure that there are no negative impacts that would make people not want to come to San Francisco, or would harm low-income people who live in areas that are not served by public transit and have no other choice but to drive," Crowfoot said.

"We are encouraging the [Transportation Authority] to do vigorous public outreach so that no one feels blindsided," Crowfoot added.

But as SFCTA executive director Jose Luis Moscovich explained Nov. 25 to the supervisors, who also constitute the transportation authority board, even if San Francisco gets the legislative green light, it could take two to three years to implement a congestion pricing plan.

"We’re not making a proposal," Moscovich said. "We’re just showing the initial results of our analysis."

That said, it’s clear Moscovich believes congestion pricing is feasible and would contribute to local, regional, and statewide transit goals.

TOO MANY PEOPLE


With San Francisco planning to accommodate 150,000 new residents and 230,000 new jobs over the next 25 years, Moscovich’s principal transportation planner, Zabe Bent, outlined four scenarios last week that would mitigate impacts in already congested areas.

These scenarios involve a small downtown cordon, a gateway fee with increased parking pricing downtown, a double ring that combines gateway crossings with additional fees downtown, and a cordon that imposes fees on crossings into the city’s northeast corner. (See www.sfmobility.org for details, including maps of the four possible zone scenarios.)

It seems likely the SFCTA will pursue the double ring or northeast cordon option.

As Bent told the board, "If the zone is too small, people will drive around it. And drivers within the zone could end up driving more, thereby eroding anticipated congestion benefits."

But all four scenarios aim to alleviate an additional 382,000 daily trips and 30 percent extra time lost to traffic congestion that would otherwise occur by 2030, according to SFCTA studies.

"We won’t reach environmental goals through clean technology alone," Bent explained. "Even if everyone converted to a Prius, the roads would still be congested."

Observing that it already costs at least $4 to get into the city by car — on top of $2 per gallon for gas and high parking fees — Bent argued that congestion, which cost the city $2 billion in 2005, reduces San Francisco’s competitiveness and quality of life.

Stockholm raised $50 million a year and reduced congestion by 22 percent with congestion fees, while London raised $200 million a year and reduced congestion by 30 percent.

In San Francisco, the SFCTA used computer models to determine that by charging $3 per trip at peak hours, the region would get maximum benefits and minimum impacts.

Discounts would be available for commercial fleets, rentals, car shares, and zone residents, Bent said, with toll payers getting a $1 "fee-bate" and taxis completely exempt.

As Moscovich noted, "Taxis are viewed as an extension of the public transit system."

BIG BUSINESS GRUMBLES


With concerted public outreach scheduled for the next two months, and business groups already grumbling about even talking about any increases to the cost of shopping and commuting with the economy in meltdown, Moscovich warned the supervisors not to wait until after the next economic boom hits, before planning to deal with congestion.

"Now is the right time to study it, but not implement it yet," Moscovich said.

Kathryn Phillips of the Sacramento-based Environmental Defense Fund told the Board that in Stockholm, public support grew to 67 percent once a congestion fee was in place.

"People saw that it reduced congestion, provided more public transit services, and made the city more livable and walkable," Phillips said.

BART director and Livable City executive director Tom Radulovich believes that free downtown transit would make the fees more palatable. "Fares could be collected when you get off the train if you travel outside of the zone," Radulovich said.

Noting that BART is approaching its limits, Muni Metro needs investments, and parking fees are an effective tool for managing congestion, Radulovich added. "Congestion pricing’s main criteria should not be to make traffic move faster. I don’t want to create more dangerous streets, but generally speaking, I think that plan is on the right track."

As for fears that San Francisco’s plans could tank at the state level because of concerns about working-class drivers being unfairly burdened, Radulovich noted that SFCTA studies at Doyle Drive determined that only 6 percent of peak hour drivers are low-income.

"The vast majority are earning more than $50,000 a year," Radulovich said. "And since the number of low-income drivers is very small, they could be given discounts. The real environmental justice issue here is what current congestion levels are doing to people living downtown, who are mostly low-income. They put up with inhumane levels of traffic and congestion, which affects the health and livability of their neighborhoods."

Dave Synder, transportation policy director for SPUR (San Francisco Planning and Urban Research Association), said he believes the regressive tax argument is a misleading attack.

"The truth is, that without the revenues this program will bring, the MTA will have to cut service for poor people, not increase service to meet increased demand for people who can no longer afford to drive," Synder told us.

But several local business groups are claiming that San Francisco doesn’t have a congestion problem compared to European cities.

Ken Cleveland of San Francisco’s Building Owners and Managers Association, said he believes that reports of congestion in San Francisco "are more hype than reality.

"We have no problem compared to London, Rome, and Stockholm," Cleveland said. "Congestion fees may work when you have a huge city with millions of people crammed in, like in London, Manhattan, Rome, but not in San Francisco."

Cleveland urged a hard look at what this increase means for people who drive now. " Fees of $160 a month would be "a real hit" on the middle and working classes, he said.

Jim Lazarus of the San Francisco Chamber of Commerce said he opposed a local cordon, but supports a regional congestion pricing program. "Look out the window at 10.45 a.m., and you’ll see that there is no congestion on Montgomery and Pine," Lazarus told us, noting that unlike London, which covers 600 square miles, San Francisco only has a 49-square-mile footprint.

"If you decide not to go into downtown London, the odds are your taxes, jobs, and revenues will still go into London’s coffers," he said. "That’s not the case in San Francisco. So from a small business point of view, it doesn’t make sense."

Bent says the SFCTA’s study provides numbers that are irrefutable, in terms of showing how travel times are impacted by congestion, during peak hours. "We’re talking about modest improvements in speed, but significant improvements in travel time," Bent said.

The proposed fees won’t affect shoppers, museum-goers, or those going out at night, but would benefit all users of the public transit system, Moscovich said.

"We’re not designing for London, we’re designing for San Francisco," Moscovich told the Guardian. "And this is not an anti-automobile program. This is an effort to achieve a balanced transportation system."

With the congestion fee revenue reinvested in transportation infrastructure, Moscovich adds, public transit will be less crowded, and provide more frequent, faster service.

"It all makes perfect internal sense: folks with the least resources are likely to benefit the most," said Moscovich, who predicts that San Francisco will agree on some form of congestion pricing.

"The mayor wants to be seen as a leader in initiating climate change commitment, and transportation is one of the first ways to achieve this," he said. "Especially since 50 percent of San Francisco’s greenhouse emissions occur during peak hour travel."

"We’re trying to change behavior, not just engineering. We don’t want people in cars. … For every pollution-free Prius, you have diesel buses and older cars sitting in traffic idling, essentially eroding any benefits. The best way to optimize results is to get some cars out of the peak hour."

Sup. Jake McGoldrick, who is president of the SFCTA board and has supported the congestion fee-pricing system since it was implemented in London, said that "business will have to step up [and] make a willing suspension of disbelief to see that enhanced mobility will enhance business opportunities.

"There will be no need to get mauled at the mall," McGoldrick predicts. "San Francisco has wonderful things to offer, not just a sterile, homogenous, single-purpose environment. You can’t match museums and cultural amenities out at the malls. San Francisco is a cultural center, not just a strip mall."

McGoldrick, who is termed out in January, said that the new Board "will lean very positively toward doing this." He added that state representatives, including Sens. Leland Yee and Mark Leno and Assembly Members Fiona Ma and Tom Ammiano "will see the benefits.

"They should be willing to carry the banner because of the long term benefits for their grandchildren," McGoldrick said.

(The Board will consider the congestion pricing scenarios and impacts Dec. 16. See www.sfmobility.org for details of public workshops and meetings.)

Sleigh bells ring, are you drinking?

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By Molly Freedenberg

Oh, it sure is party season. How do I know? The costumes and formalwear strewn across my floor, the open bottle of hangover-fighting Vitamin B on my nightstand, and the sense of anticipation I get just looking at the calendar. Now, I know San Francisco is a party town, and there’s really no season that isn’t chock full of events worth attending. So what makes this one special? Its my favorite party season. I love the rain and the cold. I love Christmas in all of the ways it’s taken seriously (Dickens Fair) and not so seriously (Santacon).

santaconbootie1108.jpg
All Santa wants for Christmas is a mashup party! Bootie SF on Dec. 13 is the official post-Santacon event again this year.

Now, I have friends who would argue that party season officially started with Burning Man. But as far as I’m concerned, it started last Friday night with a fete at the Ambassador hosted by Hendrick’s gin (open bar! ouch.) and Nerve.com. Not only was this schizophrenically-themed 20s/30s/Edwardian/Victorian party was hosted in the perfect venue, and not only did almost every guest actually dress up (bonus points for the fact that I knew only a handful of the fedora-ed attendees), and not only were the cocktails so tasty that they pleased even this gin-skeptic, but the performances were fantastic.

Miss Kitten on the Keys, a regular at Hubba Hubba Revue, was the right combination of bubbly and bawdy. Trixie Little and the Evil Hate Monkey took Acrobalancing and burlesque to a place that was both funny and sexy. The two stripping chanteuses dazzled with voices, costumes, and choreography. And I’m not sure what to say about the blonde bombshell who lost her clothes and gained a giant martini glass chair except that I’ve never seen such a professional burlesque dancer up close.

trixxie1108.jpg
The lovely Trixxie Carr, pretty in purple (with some guy) at Bootie SF on Nov. 22, will make an apperance at the Lusty Lady Holidy Party on Dec.9. Photo by Tim Farris.

I barely sobered up in time to stop by the next night’s Bootie SF, an always fabulous party (which my dance troupe, the Cheese Puffs, happened to perform at) that featured an all-request set by live mashup band Smashup Derby. I’d be hard pressed to find a more generous, fun-loving crowd than Bootie, or more impressive and lovable hosts than Adrian, Mysterious D, and Trixxie Carr. Next up was the Black Rock Arts Foundation fundraiser at the Bentley Reserve, where we managed to miss all the entertainment but not the gorgeous setting and even more gorgeous crowd (plus, beds? how can you go wrong?). And Sunday saw the burner beourgeoisie headed to Supperclub (beds again! The weekend’s theme?) for the Five & Diamond anniversary party, a beautiful and celebratory affair featuring pretty clothes and even prettier people.

It took nearly ’til Thanksgiving to recover from all that beauty (OK, and booze), but I think I’m ready for what’s coming up in the next few weeks. If my health and hangover remedies cooperate, I’ll be attending a good portion of the following:

THURSDAY, DEC. 4

Visual Vaudeville & Built Burlesque
6pm, free
Brava Theater
2789 24th St., SF

pandorastrunk.com

Brava Theater and Pandora’s Trunk (the art/fashion collective on Lower Haight co-founded by designer Miranda Caroligne) take over the enormous and gorgeous vaudeville theater to fill it with music, burlesque, a narrative fashion presentation, and an indie craft and design show. Featured designers include Bad Unkl Sista, Miss Velvet Cream, Medium Reality, and Ghetto Goldilocks. Sure to be a good time, helped along by Patz & Hall wine and Lagunitas beer.

Pirate Cat Radio Benefit Debacle!
9pm, $7 donation to Pirate Cat Radio
Fat City
314 11th St., SF

I don’t know much about Pirate Cat Radio, but I do know about Hubba Hubba Revue – and if those crazy burlesqueteers are involved (which they are!), you know you’re in for a good time. The evening features live burlesque and performances by The Yes Go’s, Stigma 13, and October Allied.

San Francisco needs a New Deal

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By Christopher D. Cook and Eric Quezada


OPINION On the night the voters spoke, word began filtering through Palm Pilots and iPhones about sweeping budget cuts likely to carve a hole in vital city programs. It’s ugly: massive cuts to the Department of Public Health and numerous social service programs. As usual, programs helping those most in need are getting cut the most. Why aren’t we instead raising revenue from those who have the most?

In this year of "change," we need a fundamental shift in our city’s taxing and spending priorities — a bold New Deal for San Francisco that enlarges the public pie that everyone’s scuffling over, and that creates green jobs and new housing opportunities targeting poor neighborhoods and districts.

It’s time to get serious about taxing and redistributing wealth to stimulate new economic opportunities. The passage of Propositions N and Q — expanding real estate transfer and payroll taxes — is a good start. We need to tax wealth in new ways that replenish the local economy, creating green living-wage jobs with health care and opportunities for small businesses and community-serving groups.

City leaders can make San Francisco a model of good sense by demanding that our wealthiest citizens and corporations help fund a program that creates jobs and economic opportunity for the rest of us. Particularly in the city’s eastern neighborhoods, Districts 9, 10, and 11 (and parts of 6), poverty and economic stress are rampant and families are pressed to their limits — unable to afford health care, working multiple jobs, living in overcrowded apartments, and often in shamefully dilapidated housing conditions.

With home prices declining but rents and foreclosures skyrocketing, the city needs to help thousands of working-class residents who provide vital services — teachers, service-industry workers, and cash-poor immigrants — to remain in San Francisco. Now is the time to prioritize production, public infrastructure, education, and cooperation for the common good; our economy needs a stimulus based on solidarity and collective good.

We’re being presented with false scarcity and false choices — do we cut housing or health care to meet the budget? Few are asking the key question: why don’t we have more money to work with, in this vastly wealthy region?

In an earlier New Deal, President Franklin D. Roosevelt imposed a 90 percent tax on upper income brackets — making it virtually illegal for people to earn so much more than others. Locally, city leaders should explore a gross receipts tax on large firms; new taxes on luxury and high-priced items, such as SUVs, second homes, yachts, and other extravagances; perhaps revive the push for a downtown business tax levied on large firms in the financial district; and a truly progressive income tax harnessing revenues from high-income folks.

People can argue over where the money should go. But it’s brutally clear we are in an age of deepening inequality, widening economic stress, and environmental limits. There’s no room for huge disparities — no room to continue allowing extra-wealthy individuals and corporations to consolidate their gains at the expense of the rest of us. We must renew the fight for public wealth — now. *

Journalist and author Christopher D. Cook is a former Guardian city editor, and a local activist. Contact him at www.christopherdcook.com. Eric Quezada is executive director of Dolores Street Community Services, and was recently a candidate for District 9 supervisor.

The coal question

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> news@sfbg.com

GREEN CITY Over the past few years, a growing number of environmentalists have called for greatly curtailing the burning of coal, a practice that threatens the health of people and the planet. On Nov. 14-15, Rainforest Action Network (RAN) held protests in San Francisco and more than 50 other cities against Bank of America and Citibank, two of the largest financial backers of coal projects.

RAN cites data showing that coal is responsible for nearly 40 percent of US global warming emissions, and claims in a press release that Citibank has provided financial support to "45 companies that have proposed new coal power plants."

According to RAN, Bank of America is "involved with eight of the US’s top mountain top removal coal-mining operators, which collectively produce more than 250 million tons of coal each year."

Mountain top removal is a process in which explosives are used to gain access to underlying coal, devastating ecosystems and polluting watersheds to extract an energy source that emits far more climate-altering carbon than even other fossil fuels. RAN’s Joshua Kahn Russell cited Bank of America’s $175 million financing of Massey Energy, a coal producer that was sued in 2006 by the US Environmental Protection Agency for more than 4,500 violations of the Clean Water Act. Early this year, Massey agreed to a $20 million settlement rather than pay potential fines of $2.4 billion.

RAN has named Bank of America CEO Kenneth Lewis the "Fossil Fool of the Year" for his company’s role in coal. But on the bank’s Web site, Lewis disputes the characterization, citing the company’s promotion of hybrid vehicles and its other efforts to combat global warming, which won an award this year from the Natural Resources Defense Council.

"Our environment initiatives reflect our commitment to addressing climate change, conserving natural resources and building a sustainable economy — for today, and generations to come," Lewis says on the Web site. Similarly, Citibank officials tout what they say is a $50 billion initiative over the next 10 years to promote renewable energy sources.

As the US limps toward an energy policy that relies less on fossil fuels, coal is the big target for environmentalists. But getting off of it won’t be easy, considering it supplies about a quarter of the nation’s energy and helps fuel the faltering economy.

President-elect Barack Obama has made mixed statements about coal. In an election-season interview with the San Francisco Chronicle, he favored a cap-and-trade program that would limit the use of coal and charge new plants "a huge sum for all that greenhouse gas that’s being emitted."

Yet he has also repeatedly voiced support for a so-called clean coal technology known as carbon capturing and sequestration (CCS) that could theoretically prevent coal emissions from entering the atmosphere but that many environmentalists believe to be a myth.

Russell said CCS, which involves capturing carbon emissions from the air and placing them deep underground, is still theoretical and may not be as cost-efficient as switching to cleaner energies. If CCS is a viable alternative, the Intergovernmental Panel on Climate Change (IPCC) has said that coal plants with CCS could reduce carbon emissions by 80-90 percent.

RAN organizer Scott Parkin pointed out that even if clean-coal technology works, the "coal still has to come from somewhere," and the process of extracting it has inherent environmental problems. But coal advocates say we need to be realistic about meeting the nation’s energy needs.

Bank of America spokesperson Britney Sheehan told us, "As a nation, 50 percent of electricity comes from coal." Even in California, 32 percent of electricity is derived from coal, according to the California Independent System Operator. Sheehan said the bank is actively funding renewable energy initiatives to help make the transition to cleaner burning fuels and it is making strides to reduce greenhouse gas emissions.

Yet many say such incrementalism belies the seriousness of the climate change threat. Dr. James Hansen, head of NASA’s Goddard Institute of Space Studies, was quoted by RAN as saying, "The science is clear: a moratorium on new coal-fired power plants, and phase-out of existing coal plants, is essential if we want to preserve creation, the life on our planet, for young people and future generations." 2

‘Fight’ songs

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› a&eletters@sfbg.com

On the night of Nov. 4, while President-elect Barack Obama was giving his victory speech in Chicago, Flobots were performing at the 9:30 Club in Washington, DC.

"We ended up performing just after McCain gave his concession speech, and then we stopped when Obama gave his acceptance speech," remembers Jonny 5, the rap band’s lead vocalist, on the road to New Haven, Conn. He calls the moment "full of euphoric disbelief." Outside the club "there were people everywhere in the streets, giving each other hugs, and impromptu parades."

It wasn’t the first time Flobots’ career path had intertwined with that of the president-elect. In September, when the Democratic Party held its convention in the group’s hometown of Denver, they participated in several ancillary events, including a concert with Rage Against the Machine. "The entire event was planned to support the Iraq Veterans Against the War, who had a march immediately after the event," says Jonny 5. "So we used the stage to rally people."

Flobots’ rise from regional upstarts to modern-rock radio stalwarts mirrors Rage’s emergence more than 15 years ago. Just as Zack de la Rocha and company did with their fuzzy emo-punk, Jonny 5 — along with rapper Brer Rabbit — adds rhymes to an exotic mix of jazz horns, funky breaks, and hard-rock guitar. And the six-member crew are equally consumed with progressive politics. Each song on Fight with Tools (Universal Republic/Flobots Music, 2007), the outfit’s second album, overflows with righteous anger and activist fervor.

Flobots, “Handlebars”

"We want money for health care and public welfare! Free Mumia and Leonard Peltier!" Jonny 5 and Brer Rabbit offer on "Same Thing." "We say, ‘Yes,’ to grassroots organization, ‘No,’ to neoliberal organization! Bring the troops back to the USA and shut down Guantanamo Bay!"

"Handlebars," of course, was Flobots’ breakout moment. Much of Fight with Tools, which Flobots released independently last year, before Universal Republic signed them and reissued the album this spring, feels overwhelmed by earnest slogans. But on "Handlebars," Jonny 5 weaves a stream-of-consciousness allegory about American exceptionalism while the rest of the band build, like an orchestra, to a cacophonous conclusion.

Jonny 5 says his influences range from hip-hop collectives such as Project Blowed to organic music ensembles like Ozomatli. The unusual chart success of "Handlebars," which soared into the Billboard Top 40 last summer, helped Flobots sell more records than any of their inspirations.

"Personally, I had this obsession or insecurity about whether we were really hip-hop, and whether we were representing the hip-hop community correctly. I don’t know … I was hung up on it," Jonny 5 explains. "[Influential indie rapper] 2Mex was with us for four or five dates on the West Coast, and the minute we would mention any criticism we’d get, he’d say, ‘Fuck that, man. Keep expanding. That’s what hip-hop is.’<0x2009>"

FLOBOTS

Sun/23, 8 p.m., $27.50–<\d>$30

Warfield

982 Market, SF

www.goldenvoice.com

Taxi merger

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› amanda@sfbg.com

A plan to merge the Taxi Commission with the Municipal Transportation Agency will be heard by the Board of Supervisors on Nov. 25. Most city officials and taxi industry bigwigs support the change, but some drivers fear it could signal the end of the semi-autonomous medallion system that has been in place for 30 years.

The merger legislation by Sup. Aaron Peskin is brief, simply transferring duties from the Taxi Commission to the MTA beginning March 1, 2009. But Peskin also helped write another key piece of legislation — last year’s sweeping MTA reform measure Proposition A — that contains a provision allowing the MTA to wipe out all prior taxi regulations.

Skeptics fear that the real target of the merger is Prop. K, the 1978 law that created the current driver permitting system, which requires taxi medallions that are owned by the city to be in every car. With the MTA in control, the door could be open to privatizing taxi medallions. These permits are currently leased by the city for a fee — $658 a year for most cabs — to longtime drivers, but a scheme to sell or transfer them could mean huge profits for the select group of drivers who now hold medallions, with a potentially high transfer fee kicked back to the city.

Reguutf8g San Francisco’s taxi industry involves ensuring cabs are being properly operated, with medallions held by legitimate drivers, and investigating various complaints. But the Taxi Commission barely has enough money to meet its mandate. Proponents of the merger say the MTA can bring more resources and professional attention to the industry. Mayor Gavin Newsom, who as a supervisor in 1998 pushed for formation of the Taxi Commission, has long supported the merger as a way to have all transportation housed in one agency.

“The benefit of merging is the MTA already regulates all surface transportation,” said Jordanna Thigpen, acting director of the Taxi Commission, who was appointed by Newsom after the Taxi Commission ousted Heidi Machen in 2006. “Most cities in the country do incorporate taxis into the common transportation agency.”

Currently, cab companies, medallion holders, and rank and file drivers essentially function as a feudal system, with the serfs driving San Franciscans around in vehicles usually owned by the lording cab companies and permitted by older drivers who hold the coveted medallions. There are only 1,500 of these permits, which are literally tin medallions that correspond to the numbers printed on the sides of cabs. They are owned and regulated by the city, and leased for life to drivers who wait years to move up the list.

Medallion holders make about $20,000 to $50,000 per year leasing their medallions to cab companies, which then charge drivers daily “gate fees” that are set by the city. Drivers pay an average of $96.50 per day to use a cab, but are allowed to pocket all their fares. Drivers usually clear about $150 a day, but that’s before paying gas, tolls, and tickets, and before even sometimes allegedly slipping bribes to dispatchers to get the best assignments. Drivers have no health insurance and are essentially treated as independent contractors.

Drivers have criticized the newly formed Taxi Advisory Group, which has made recommendations to the MTA and is likely to be expanded after the merger into a 15-member council, which would have only three drivers, but seven medallion holders and cab company representatives. Five members of the public would also be seated and their unanimous support would be required for a driver-led initiative or idea to trump the medallion and cab company bloc.

“We want a much greater and fairer representation on this Taxi Advisory Council,” said driver and United Taxicab Workers chair Bud Hazelkorn. “Without that, all the issues that we bring will not be heard.” Those issues include providing health care for drivers and creating a centralized dispatch system so fares are allocated more equitably. He pointed out that drivers are the only people in the system making all their income directly from fares. Everyone else in the industry gets slices from other pies.

And the existing provisions outlined by Prop. K may soon be a thing of the past.

Prop. A included language that allowed for the Taxi Commission merger and stated that once the MTA was in control, “Agency regulations shall thereafter supersede all previously adopted ordinances governing motor vehicles for hire that conflict with or duplicate such regulations.”

During the 2007 election season, this was interpreted by the UTW and Judge Quentin Kopp, a former supervisor who authored Prop. K, as possibly undermining the current medallion system. “The taxicabs CEOs have tried EIGHT times to undo Prop. K, failing each time as voters upheld this good government measure,” Kopp wrote in a paid ballot argument at the time. “Now encouraged by City Hall, Prop. A slips in a deceptive clause undoing 30 years of voter policy.”

Back in 2007, when seeking the Guardian‘s endorsement for Prop. A, Peskin told us, “I have met with the mayor. The mayor has no desire, as do I, to undermine Prop. K, and what we would do if we ever were to transfer the Taxi Commission to MTA, we would transfer upon the condition that they adhere to and embrace by regulation all of the previously voter approved ordinances, such as Prop. K. So I think we have it handled.”

Peskin said he reaffirmed that commitment in a letter, cosigned by Newsom, but neither office could locate a copy of that letter as of Guardian press time.

But at a Nov. 17 Government Audit and Oversight Committee meeting, Peskin asked MTA executive director Nathaniel Ford if it was his understanding that this merger was not to undermine Prop. K. “That is my understanding,” said Ford. “I think it is important to all stakeholders.”

Yet the interpretation is still correct. “The MTA will now have the authority to enact provisions that supersede Prop. K,” City Attorney’s Office spokesperson Matt Dorsey told the Guardian.

This past summer, the Taxi Commission established a Charter Reform Workgroup with a primary goal of reviewing Prop. K. The group is expected to meet for about six months with any recommendations subject to a citywide vote.

Although the workgroup has yet to release any specific statements regarding Prop. K, chairman Malcolm Heinecke believes it’s already making strides simply by opening up public discourse among citizens, companies, medallion holders, and drivers.

“One of the problems with the taxi industry and discussions of reform is that they are very insular,” said Heinecke, who is also an MTA board member. “I believe we have a balanced group of voices [in the group].”

Heinecke said he thinks varied stakeholders are essential because of broad dissatisfaction with Prop. K. “You hear everyone — both inside and outside the industry — bemoaning some aspect of Prop. K. It’s a system we’ve had in place for 30 years; rather than just say it’s bad and not do anything, [the goal of the workgroup] is to look at where we are and revise.”

While it may be true that no one is satisfied, that hardly means members of the factional workgroup agree on how exactly Prop. K should be changed. For some, the problem begins with issues of representation. Not everyone agrees with Heinecke that this is a “balanced group.” Of 12 members, there are just three drivers and three members of the public, with the rest representatives from the upper echelons of the industry.

Driver and UTW member Thomas George Williams pointed out that “companies and medallion holders often have the same interests — most companies are owned by medallion holders.”

Furthermore, Mark Gruberg, a UTW member, told us, “Everyone would say some things can and possibly should be done to improve provisions of Prop. K. But it’s one thing to work around the edges to reform a law and another thing to throw it out the window.”

He pointed out that one proposal before the workgroup would allow medallions to be sold for profit, something he said “would be a complete reversal of Prop. K.” If other cities are an example, medallions could fetch as much as $500,000 apiece, enough for the holder to retire handsomely. “People that have them would clean up at the expense of the next generation of cab drivers,” Gruberg said. “It would be a completely indefensible windfall.”

“This is public property, these medallions,” Hazelkorn said. “They could be misused as a pension, but that’s not a pension that applies to everyone.”

When questioned, Heinecke was vague about concrete changes the workgroup might instigate. “This is a delicate position for me because the whole purpose of the task force is to hear the views of all the stakeholders,” he said.

Taxi drivers, the serfs of the industry, do not have high hopes about the merger. “If the merger happens, the MTA [officials] will be able to do whatever they please,” Williams said. “Everyone knows MTA is always in need of money … they don’t care about drivers or improving industry, only their budget.”

Williams worries that, under the MTA, the commission will lease medallions to companies instead of individual drivers, which would “totally ruin the concept of Prop. K.” Gruberg agreed. He pointed out that some proposals mention levying a tax on the medallion transfers, a potential revenue source the MTA could be eyeing. “It’s a whole new ball game with MTA and if they’re so desperate for cash and they see the taxi industry as a cash cow, they might go for any scheme.”

MTA spokesperson Judson True told us, “We have no intention of looking to taxi revenue to supplement existing Muni operations.”

Judge Kopp said, “By itself that does not disturb Prop. K, but if that’s a fig leaf for some recommendation from this ersatz Charter Reform Workgroup, then it becomes ominous.” He said dressing the changes in a group with a pithy name like Charter Reform “is not reform, it’s subterfuge.”

And, he added, Prop. K doesn’t need reform as much as it needs enforcement. “They’ve been at this for 30 years. Their revisions are always to start to restore the pre-1978 conditions and enable them to treat these permits as personal possessions for sale.”

Peskin, with the approval of other members of the committee, calendared the full board hearing on the merger for a date after the MTA announces the result, expected sometime this week, of its national search for a director of taxi and accessible services. Solid leadership has been elusive: two years ago the Taxi Commission fired executive director Heidi Machen, reportedly for being too tough on cab companies. Machen was replaced by another Newsom appointee, Jordanna Thigpen, who said she has applied to stay on the job but doesn’t know if she’ll be selected.

When asked if the merger would unnecessarily stretch the MTA’s resources, Thigpen said, “On the one hand you could look at it that way. On the other hand, we’re so chronically understaffed. Trying to add staff is so complicated because we’re funded by the taxi industry.”

The taxi industry brings about $1.6 million in revenue to the city, mostly from fees paid by 1,500 medallion holders and about 7,000 drivers. However, “Fees do not currently meet the city’s cost recovery needs,” according to a Taxi Commission merger report. “Both Taxi Commission and Taxi Detail are understaffed and additional enforcement personnel are needed.”

MTA’s True said, “We expect some cost savings or at least increased efficiencies,” when asked how the merger will affect the MTA’s budget. “When it comes to changing Prop. K, raising fees, or adjusting how medallions are allocated,” True said, “I can’t say that it’s not on the table … In the last several months the focus has been on procedural issues. I think that policy questions will largely come post-merger.”

What will your role be?

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› news@sfbg.com

OPINION Many of us in the Bay Area worked hard to elect Barack Obama. We made phone calls, knocked on doors, made donations — $5, $10, $200. We monitored the polls, gathered and loaded data, and/or otherwise spread the word to friends, relatives, and colleagues. And of course, we all voted.

The good news is we succeeded. We can now believe again in the power of ordinary people to do extraordinary things in this country. That change has come.

But have we done what we really set out to do?

Have we remade our economy so that it is based on a strong core of working Americans who get their fair share of the fruits of economic growth, and not on house-of-cards accounting subterfuge that tends to benefit only those with the most? Have we achieved equal opportunity for everyone, so that CEO’s and other super-wealthy Americans aren’t hoarding tens of millions of dollars they don’t need while the working Americans who generated that income can barely make ends meet? Do we encourage workers to organize so that there’s a more level playing field in negotiations with employers, and real dignity and respect in every workplace?

Do we have affordable health care? Do we have energy independence? Sustainability? A responsible conclusion to a pointless and wasteful war? Enduring peace and diplomacy? Compassion for one another and personal responsibility for our actions?

Needless to say, the answer to all these questions is a resounding no. Not even close. Not yet.

Although he may be our symbol of a change for the better and an inspiration to bring it, Barack Obama is not the change we seek. We are the change we seek.

Which means that if we don’t continue to act and make sacrifices, enduring change will not come.

So what will your role be in bringing about real change in this country?

For what it’s worth, I’ve started making some changes and sacrifices. I left my high-paying job as a big-law attorney protecting the corporate status quo in this country and have committed myself to a different course of serving public and community interests.

I’ll be selling my condo that I love so much because my commitment to public service on the one hand, and the size of my mortgage payment on the other, are inconsistent propositions at this point.

I am doing everything in my power to make sure the Employee Free Choice Act is finally made into law, because my grandfather, who worked on the assembly line at Chevrolet in the 1940s when the Taft-Hartley Act passed over President Truman’s veto, would have wanted it, and would be proud of me for doing it.

What will you change about yourself, your routines, your "comfort zone," so that real change comes to this country for you, your children, and grandchildren? What sacrifice will you make for a cause greater than yourself? Only you can answer these questions. *

Aaron Knapp is a lawyer, writer, and organizer living in San Francisco. He is the founder of the The Post Partisan. He can be reached at aarontknapp@gmail.com.

Green and black

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news@sfbg.com

GREEN CITY The 2008 San Francisco Green Festival, held Nov. 14-16 at the Concourse Exhibition Center, is a well-established environmentalist event that featured more 1,000 vendors and was overseen by 1,600 volunteers, all united in promoting a greener future.

Yet the event’s keynote speaker, Cornel West, along with Van Jones of the Oakland-based Green Jobs for All and San Francisco-based Muslim minister the Rev. Christopher Muhammad, all conveyed an expanded definition of environmentalism that emphasized social justice and concerns specific to African American communities.

The idea behind this fusion of black and green is that our traditional view of environmentalism, with its focus on the health of ecosystems, needs to be expanded to social systems as well. In that context, Muhammad’s long fight against Lennar Corp.’s reckless approach to developing Bayview-Hunters Point (see "Question of intent," 11/28/07), in which his Muhammad University of Islam was exposed to toxic asbestos dust, takes on new dimensions.

As the first speaker of the day Nov. 15, Muhammad’s speech was geared toward local issues of concern. Muhammad continued to shed light on the "environmental racism" taking place in the Bay Area communities of Bayview-Hunters Point, North Richmond, and West Oakland, referring to the injustice as San Francisco’s "dirty little secret." Environmental racism ranges from citing polluting industries in poor communities of color to inequities in who has access to healthy food and preventive medical care.

Muhammed brought to light the issue of San Francisco’s declining middle class and minority populations, citing rising crime rates and housing costs as culprits. He also commended the Green Festival for bringing people together to hear about an expanded scope for environmentalism. "It’s a place where people can come and be informed about issues that impact them that have historically been left out in terms of this whole [green] movement," Muhammed said.

The last scheduled speaker of the day was prominent social critic and Princeton professor Cornel West, author of the new book Hope on a Tightrope (Hay House). Muhammad has worked with West in the past and praised him as a fellow advocate for social justice: "I’ve met with him on a number of occasions and worked with him on various projects. He’s an ally."

West stressed the importance of addressing social justice by saying, "There’s a need to target [environmental racism]. You need a coalition in order to bring hard pressure to bear, so it can become more of a national issue."

In many ways, the people are showing signs of resistance to change, as with the passage of Proposition 8, which bans same-sex marriage in California, a result he calls "catastrophic." Still, he said, now, after a historic presidential election, is the moment to begin the transition. "It’s the end of an era. Thirty years of a country sleepwalking is over," West proclaimed to the cheering crowd.

He warned everyone not to believe that change will come overnight, reminding the crowd that it is ultimately up to us to push the change that we so desperately crave. "It’s not just about one messianic figure on his way to the White House," West said.

Green energy is the future of this country, West said, and one of the many ways we can foster positive change. The potential to lift up communities of color as part of the transition to new energy sources has been a big focus for Van Jones of Oakland’s Green for All, who spoke Nov. 16 about his new book, The Green Collar Economy (HarperCollins). He said we must "invent and invest our way" out of our current "gray economy" and into the new "green economy."

West also said the American people are still coming to understand the nature of the problems we face. "America has grown old, we’ve grown wealthy, but we have yet to grow up." But he ended his speech on an upbeat note, saying this age of conservation and greater awareness will create what Sly Stone called the "age of everyday people."

This year’s Green Festival exposed attendees to nontraditional environmental problems that pollute our social environment. The take-away from this new focus was that "going green" involves more than just driving a hybrid car and shifting to compact fluorescent lights — it means truly transforming our communities.

Behind “the Twinkie Defense”

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This month marks the 30th anniversary of the assassination of San Francisco Mayor George Moscone, who wanted to decriminalize marijuana, and Supervisor Harvey Milk, the first openly gay individual to be elected to public office in America. November also marks the release of a film about the case titled Milk. Although a former policeman, homophobic Dan White, had confessed to the murders, he pleaded not guilty. I covered his trial for the Bay Guardian.

I’m embarrassed to admit that I said “Thank you” to the sheriff’s deputy who frisked me before I could enter the courtroom. However, this was a superfluous ritual, since any journalist who wanted to shoot White was prevented from doing so by wall-to-wall bulletproof glass.

Defense attorney Douglas Schmidt did not want any pro-gay sentiment polluting the verdict, but he wasn’t allowed to ask potential jurors if they were gay, so instead he would ask if they had ever supported controversial causes–“like homosexual rights, for instance.” One juror came from a family of cops — ordinarily, Schmidt would have craved for him to be on this jury — but the man mentioned, “I live with a roommate and lover.”

Schmidt phrased his next question: “Where does he or she work?”

The answer began, “He”–and the ball game was already over–“works at Holiday Inn.”

Through it all, White simply sat there as though he had been mainlining epoxy glue. He just stared directly ahead, his eyes focused on the crack between two adjacent boxes on the clerk’s desk, Olde English type identifiying them as “Deft” and “Pltff” for defendant and plaintiff. He did not testify. Rather, he told his story to several psychiatrists hired by the defense, and they repeated those details in court.

At a press conference, Berkeley psychiatrist Lee Coleman denounced the practice of psychiatric testimony, labeling it as “a disguised form of hearsay.”

* * *

J. I. Rodale, health food and publishing magnate, once claimed in an editorial in his magazine, Prevention, that Lee Harvey Oswald had been seen holding a Coca-Cola bottle only minutes after the assassination of President John F. Kennedy. He concluded that Oswald was not responsible for the killing because his brain was confused. He was a “sugar drunkard.” Rodale, who died of a heart attack during a taping of The Dick Cavett Show — in the midst of explaining how good nutrition guarantees a long life — called for a full-scale investigation of crimes caused by sugar consumption.

In a surprise move, Dan White’s defense team presented a similar bio-chemical explanation of his behavior, blaming it on compulsive gobbling down of sugar-filled junk-food snacks. This was a purely accidental attack. Dale Metcalf, a former member of Ken Kesey’s Merry Pranksters who had become a lawyer, told me how he happened to be playing chess with Steven Scheer, an associate of Dan White’s attorney.

Metcalf had just read Orthomolecular Nutrition by Abram Hoffer. He questioned Scherr about White’s diet and learned that, while under stress, White would consume candy bars and soft drinka. Metcalf recommended the book to Scherr, suggesting the author as an expert witness. In his book, Hoffer revealed a personal vendetta against doughnuts, and White had once eaten five doughnuts in a row.

During the trial, one psychiatrist stated that, on the night before the murders, while White was “getting depressed about the fact he would not be reappointed [as supervisor], he just sat there in front of the TV set, bingeing on Twinkies.” In my notebook, I immediately scribbled “the Twinkie defense,” and wrote about it in my next report.

This was the first time that phrase had been used, and it was picked up by the mainstream media.

In court, White just sat there in a state of complete control bordering on catatonia, as he listened to an assembly line of psychiatrists tell the jury how out of control he had been. One even testified that, “If not for the aggravating fact of junk food, the homicides might not have taken place.”

* * *

The Twinkie was invented in 1930 by James Dewar, who described it as “the best darn-tootin’ idea I ever had.” He got the idea of injecting little cakes with sugary cream-like filling and came up with the name while on a business trip, where he saw a billboard for Twinkle Toe Shoes. “I shortened it to make it a little zippier for the kids,” he said.

In the wake of the Twinkie defense, a representative of the ITT-owned Continental Baking Company asserted that the notion that overdosing on the cream-filled goodies could lead to murderous behavior was “poppycock” and “crap” — apparently two of the artificial ingredients in Twinkies, along with sodium pyrophosphate and yellow dye — while another spokesperson for ITT couldn’t believe “that a rational jury paid serious attention to that issue.”

Nevertheless, some jurors did. One remarked after the trial that “It sounded like Dan White had hypoglycemia.”

Doug Schmidt’s closing argument became almost an apologetic parody of his own defense. He told the jury that White did not have to be “slobbering at the mouth” to be subject to diminished capacity. Nor, he said, was this simply a case of “Eat a Twinkie and go crazy.”

When Superior Court Judge Walter Calcagno presented the jury with his instructions, he assured them access to the evidence, except that they would not be allowed to have possession of White’s .38 special and his ammunition at the same time. After all, these deliberations can get pretty heated. The judge was acting like a concerned schoolteacher offering Twinkies to students but witholding the cream-fillng to avoid any possible mess.

Each juror originally had to swear devotion to the criminal justice system. It was that very system that had allowed for a shrewd defense attorney’s transmutation of a double political execution into the mere White Sugar Murders. On the walls of the city, graffiti cautioned, “Eat a Twinkie — Kill a Cop!”

* * *

On the 50th anniversary of the Twinkie, inventor Dewar said, “Some people say Twinkies are the quintessential junk food, but I believe in the things. I fed them to my four kids, and they feed them to my 15 grandchildren. Twinkies never hurt them.” A year later, the world’s largest Twinkie was unveiled in Boston. It was 10 feet long, 3 feet 6 inches high, 3 feet 8 inches wide, and weighed more than a ton.

In January 1984, Dan White was released from prison. He had served a little more than five years. The estimated shelf life of a Twinkie was seven years. That’s two years longer than White spent behind bars. When he was released, that Twinkie in his cupboard was still edible. But perhaps, instead of eating it, he would have it bronzed.

In October 1985, he committed suicide by carbon monoxide poisoning in his garage. He taped a note to the windshield of his car, reading, “I’m sorry for all the pain and trouble I’ve caused.”

I accepted his apology. I had gotten caught in the post-verdict riot and was beaten by a couple of cops. My gait was affected, and ultimately, as a result I now walk with a cane. At the airport, I have to put the cane on the conveyor belt along with my overnight bag and my shoes, but then I’m handed another cane to go through the metal detector. You just never know what could be hidden inside a cane.

Paul Krassner is the author of Who’s to Say What’s Obscene: Politics, Culture and Comedy in America Today, to be published by City Lights Books in July 2009.


Click here
to read Krassner’s original coverage of the Dan White Trial from the Guardian in 1979.

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