Health

Redevelopment cooked Lennar grant

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

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

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

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

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

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

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

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

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

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

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

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

Cash from cabbies

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› news@sfbg.com

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Lennar sued by shipyard artist

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Serpentinite is California’s state rock. It can contain naturally-occuring asbestos.

Shipyard artist Jack Hain says he just wants his rocks back. Serpentinite rocks, that is.
And getting these rocks back appears to be the crux of the case that Hain has filed in Superior Court against Lennar. That and the question of whether it’s OK to move materials from one part of shipyard to another.

But unlike the other shipyard-related cases involving Lennar, Hain isn’t worried about possible health risks from the serpentinite, which can contain naturally-occuring asbestos.
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Veins of chrysotile, or other members of the asbestos family, can run through serpentinite rock, making it a toxic health hazard, if crushed, dug or otherwise quarried and excavated.

That’s because, says Hain, he wasn’t crushing or grading the rocks, but simply moving them across the yard.

Hain sued Lennar Communities and Lennar BVHP on May 15, 2008 in Superior Court, a month before residents sued the developer and two of its shipyard subcontractors, CH2M Hill and Gordon N. Ball, and five weeks before Lennar sued one of its subcontractors, CH2M Hill, for failure to monitor and control asbestos dust.

But unlike those suits, which center around Lennar’s failure to protect the community from naturally-occurring asbestos, while digging into a hillside full of serpentinite, Hain’s suit centers around the fact that Lennar removed three serpentinite rocks from an art work that Hain was building outside his studio in Building 116 on Parcel B of the Shipyard. (That’s the parcel where the Navy is currently proposing revisions to its original plan for radiological, soil and groundwater clean up.)

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Map of areas under radiologically investigation at Hunters Point Shipyard.

Lennar’s lawsuits

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› sarah@sfbg.com

Two years after Lennar Corp. reported that asbestos dust had neither been monitored nor controlled during major grading and earthmoving operations on its Parcel A construction site on Hunters Point Shipyard last year (see "The corporation that ate San Francisco," 3/14/08), the fallout from these failures continues.

On June 19 a dozen Bayview–Hunters Point residents and workers sued Lennar, as well as international environmental consultant CH2M Hill and Sacramento-based engineering consultant Gordon N. Ball, in Superior Court on behalf of their preschool and school-age children. The parents allege that their children suffered headaches, skin rashes, and respiratory ailments during Parcel A excavations, which occurred next to a predominantly African American and Latino community.

The plaintiffs charge Lennar, CH2M Hill, and Ball with public nuisance, negligence, environmental racism, intentional infliction of emotional distress, and battery. They are asking for monetary damages, a jury trial, and court costs.

But Lennar is apparently seeking to deflect the blame for these problems at the site entirely onto CH2M Hill through a new federal lawsuit, despite revelations in the Guardian (see "Question of intent," 11/28/07) that Lennar reprimanded its own staffer, Gary McIntyre, when he tried to bring Ball to heel for the company’s failure to properly control the toxic asbestos dust.

On June 23, Lennar BVHP LLC sued subcontractor CH2M Hill for negligence, negligent misrepresentation, breach of contract, express indemnity, and unfair business practices in connection with its work on Parcel A.

"Lennar seeks to recover for the significant economic harm it has suffered in addressing the ramifications of CH2’s gross and reckless misconduct in failing to provide competent asbestos air monitoring services for Lennar’s redevelopment of a portion of Hunters Point Shipyard in San Francisco," states the suit, which seeks damages, restitution and indemnity, attorney fees, court costs, and a jury trial.

"Lennar’s economic harm vastly exceeds $75,000," the suit notes. "CH2 has provided no compensation to Lennar and no other relief for its failures. Indeed, CH2 has never publicly acknowledged its clear responsibility for these failures."

CH2’s Oakland-based vice president, Udai Singh, who signed a $392,600 contract with Lennar in January 2006 for asbestos dust monitoring services, told the Guardian, "Unfortunately I’m not working on that, so I have no clue what you are talking about.

"I thought I might have seen something about that, but since I have been working mostly on EPA stuff, I haven’t been involved in this one," continued Singh, who has been project manager for remedial projects on Superfund sites for the federal EPA’s Region IX, which includes Arizona, California, Hawaii, and Nevada.

Singh referred us to CH2’s Denver-based counsel Kirby Wright, who referred us to CH2’s public relations director, John Corsi, who did not return the Guardian‘s calls as of press time.

But while Lennar BVHP continues to contract with Gordon N. Ball at the shipyard, local resident Christopher Carpenter has sued the Sacramento-based contractor in Superior Court for whistleblower retaliation, wrongful termination, racial discrimination, and intentional infliction of emotional distress.

As the Guardian reported, ("Green City: Signs of asbestos," 8/29/07), Carpenter was fired shortly after he complained about dust that was kicked up by a Ball backhoe excavating the Parcel A hillside on Oct. 2, 2006.

"Carpenter became surrounded by a cloud of dust that was caused by Gordon Ball’s failure to water the ground prior to commencing grading," the suit alleges, noting that Carpenter complained about Ball’s unsafe and unhealthy working conditions, some of which violated Bay Area Air Quality Management District regulations and the city’s Health Code, before he was fired.

At City Hall, Sup. Sophie Maxwell is seeking to amend the city’s Building Code to require more-stringent dust control measures for demolition and construction projects. (The Building Inspection Commission opposed Maxwell’s proposal in December 2007, in a 4–3 vote).

On July 22, the Board of Supervisors voted unanimously to support Maxwell’s dust legislation.

Meanwhile, the Rev. Christopher Muhammad, who represents the Muhammad University of Islam adjacent to Parcel A, asked the San Francisco Health Commission to investigate why it took until July 14 for the local community to learn of an asbestos-level violation that occurred at Lennar’s Parcel A site just four days before the June 3 election.

Muhammad suspects the infraction was hushed up because Lennar was engaged in the most expensive initiative battle in San Francisco’s history, plunking down a total of $5 million to support the ultimately successful Proposition G, which gives the developer control of Candlestick Point and the shipyard.

Amy Brownell of the Department of Public Health told the Guardian that the violation, which registered at 138,800 structures per cubic meter of air (the city’s work shutdown level is set at 16,000 structures) did not trigger a work suspension because there was no work planned at Lennar’s site May 31 or June 1, which was a weekend.

Aftermeth

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By Andrea Nemerson


› andrea@altsexcolumn.com

Dear Andrea:

My husband had been a secret methamphetamine user since the mid-1980s. He had issues with depression and repressed anger, but I had no idea that drugs had so much to do with everything that’s happened in our lives. We’ve always allowed each other a lot of space, so it was easy for him to hide his use and the spending that went with it.

Six months ago he finally got tired of the lies and the fear (random drug testing at work) and started rehab, and I feel I’m starting to get the man I married back. However, his confidence, libido, erections, and our sex life are all gone. He recently confessed that he was high every time we had sex for the past 10 years or so, and now that juice is gone. Blood pressure medication is compounding the problem.

Considering the number of people who never had sex without drugs and are now sober, there is precious little information about sex after sobriety. Most of what I found was along the lines of "You just need to get over the fear." It was all pretty much about having to figure it out for yourself, and nothing mentioned prescription meds. Maybe everyone really does have to find his or her own way back?

Despite some of the drug- and depression-related behaviors my husband has exhibited over the years, he is a wonderful man with many wonderful qualities, and I love him very much. I could live without the sex — my libido isn’t what it used to be either — but it does make me sad to think of leaving this world without ever making love with him again. The fact that it was drug enhanced didn’t make it any less great.

Is there any good information out there about sex after sobriety, especially after uppers? My husband is afraid he burned out his circuits with the drugs. I don’t know what to think. Maybe six months isn’t enough time to expect a transition to "normal" functioning. Going back to drugs is certainly no solution. Is there anything that can help in this situation? Trying to have a sex life without meth and with high BP meds … maybe it’s too much to ask.

Love,

Aftermeth

Dear After:

I could answer this myself — but why bother when My Friend the Therapist, whose practice consists largely of men whose sex lives were first fueled and then derailed by meth and subsequent sobriety, is willing to take it on? I warn you that My Friend is not given to sugar-coating things, but he does know what he’s talking about.

There’s a huge public health effort to convince people that sex without meth is great: "It’s so much more (intense, intimate, meaningful, etc.) without drugs." The truth is that, for many folks, post-meth sex will be less compelling than sex on meth, and that’s just the way it is. Brain chemistry versus ad campaigns: brain chemistry wins. If you start with that, you’ll have better chances of having a satisfying (though possibly never again as mind-blowing) sex life. Modest expectations = better odds of success.

For some people, this improves after the first year or so. It takes about that long for your brain to get back on track making the appropriate endogenous chemicals, and once they’re back on their own internal meds, a lot of folks experience a return of libido. If your partner is only six months sober, don’t expect much yet.

I usually recommend starting really, really slowly. He can try jacking off a little, work up to jacking off together, and eventually do some oral. Go slow, and leave the intercourse until he really, really wants it.

Viagra can be helpful in a reverse kind of way. Viagra itself won’t help with low sexual desire, but absence of libido plus Viagra plus calm environment plus stimulation = hard-on, which often leads to some kind of sexual activity, which then often leads to a return of some level of desire. If a heart condition is a factor, no Viagra without doctor’s permission. Try some alprostadil (a prescription erection aid that doesn’t affect blood pressure) if needed.

Short version: start with gentle, no-expectations stimulation, don’t expect much for the first year, and see how it goes. — Adam Zimbardo, MFT

I would also suggest that your husband talk to his doctor about the meds; it’s possible an adjustment might make a difference. And I do think it’s worth asking for Viagra or something similar. The worst that can happen is the doc says no. I promise the doctor will not recoil with horror, gasping, "Sex with your wife? Why ever would you want me to help you have that?"

I think it’s kind of criminal that people are expected to get and stay sober with so little warning that their entire sex, love, and intimacy pyramid might collapse, crash, and burn in the aftermath, and with so little information on how to rebuild it. Hope this helps.

Love,

Andrea

Andrea is home with the kids and going stir-crazy. Write her a letter! Ask her a question! Send her your tedious e-mail forwards! On second thought, don’t do that. Just ask her a question.

Clean Energy Act makes ballot

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› news@sfbg.com

GREEN CITY The San Francisco Clean Energy Act isn’t the only charter amendment on the November ballot, but it’s already shaping up to be the political lightning rod of this fall’s election.

Pacific Gas & Electric Co. sent out mailers opposing the measure even before the Board of Supervisors voted 7-4 on July 22 to place it on the Nov. 4 ballot. Mayor Gavin Newsom also announced his opposition to the act moments after Assemblymember Mark Leno, former San Francisco Public Utilities Commission General Manager Susan Leal, and a cadre of progressive supervisors announced their support for it on the steps of City Hall.

Authored by Sups. Ross Mirkarimi and Aaron Peskin, the Clean Energy Act requires San Francisco to fulfill 51 percent of its electricity needs through renewable sources by 2017. That requirement rises to 75 percent by 2030, and to 100 percent, “or the greatest amount technologically feasible or practicable,” by 2040.

The SF Clean Energy Act also mandates that a feasibility study be undertaken to look at the best way to provide clean, green energy, which could lead to PG&E losing its stranglehold on energy if the study finds public power to be the best option.

Explaining the importance of mandating a feasibility study, Mirkarimi said, “Otherwise PG&E has a monopoly here until the planet dies.”

Supporters say it is important for San Francisco to set up a model that others can follow. “As goes San Francisco, so goes the state of California, and so goes the nation,” Peskin said at the July 22 rally, just before the Board voted to place the act on the ballot. “This is a time when people can change the destiny of the planet.”

Moments after that rally ended, Mayor Newsom took a minute to explain his opposition.

“We have other things we should be focusing on,” Newsom told reporters at a press conference at the War Memorial Building to announce housing bonds for veterans. “Let’s call it what it is. It’s a power takeover of PG&E,” he said.

But the elected officials and myriad organizations who showed up at City Hall to support the Clean Energy Act say that public vs. private power is not the main issue.

“The public power considerations have been drafted in a thoughtful and reasonable way,” Leno told the crowd. “It would involve study after study after study, and testimony from experts.”

Leno noted that 42 million Americans have public power, and if San Francisco did turn to public power, it would be embracing something as American as mom and apple pie. “Unlike their private power company counterparts, public power systems serve only one constituency: their customers,” Leno said.

Sup. Gerardo Sandoval opined that government is better able to assume renewable energy risks. “The private industry is not going to take that risk,” Sandoval said. “It’s always going to take the cheap way out, which is fossil fuels.

Others warned the audience not to be swayed by PG&E’s anti–Clean Energy campaign, which Newsom’s chief political consultant Eric Jaye is working on.

“This is not some crazy takeover scheme,” Leal said. “It’s about protecting the environment and the rights of San Franciscans and their rate payers.”

The Clean Energy Act has been endorsed by the Sierra Club, San Francisco Tomorrow, ACORN, the San Francisco Green Party, the League of Young Voters, Green Action for Health and Environmental Justice, the San Francisco Green Party, and the Ella Baker Center for Human Rights.

Mark Sanchez, president of the San Francisco Board of Education and a supervisorial candidate in District 9, described showing “An Inconvenient Truth” to the eighth-grade science class he teaches. “What can I say to my kids — we don’t have the policies in place to mitigate the damage they see?”

The Sierra Club’s John Rizzo noted, “This act insures that San Francisco is at the center of this economy. Not in Japan, China, or Germany. It will be here.”

Aliza Wasserman of the League of Young Voters stated that “PG&E is not investing $1 in renewable energy beyond state mandates, and they lobby against measures to raise those mandates.”

Death of teen immigrant farm worker nets $260K fine

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Earlier this month we reported on Maria Isabel Vasquez Jimenez, a 17-year-old immigrant farm worker whose heat-related death sparked a public outcry against Trader Joe’s and their cheaper-than-thou “Two-buck Chuck” wine.

Jimenez was employed by Merced Farm Labor, which contracts with the same company that supplies the grapes that go into the infamous $2 a bottle Charles Shaw wine, sold exclusively at Trader Joe’s. While Jimenez was not picking grapes specifically for that wine, United Farm Workers asked supporters to pressure Trader Joe’s to ensure that their vendors are contracting with responsible companies.

Jimenez’s death also instigated an investigation by California’s Division of Occupational Safety and Health (Cal-OSHA), into Merced Farm Labor’s protocols. Today, the state agency announced they’re citing the company for three alleged serious and willful violations of state laws. Penalties could run as much as $263,000.

Makes putting out a little water and shade for your workers look a lot more affordable.

Pedal power

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›steve@sfbg.com

Hundreds of bicyclists invaded City Hall July 21 to demand safer bike routes and decry new bureaucratic delays in environmental review work on the Bicycle Plan, which a judge said the city must complete before it can make any improvements mentioned in the plan, from new lanes to simple racks (see "Stationary biking," 05/16/07).

But they arrived a couple hours too late to change the tenor of a hearing on another priority for car-free advocates: the Sunday Streets proposal by Mayor Gavin Newsom to close the Embarcadero to cars Aug. 31 and Sept. 14, which is being challenged on procedural and economic grounds by Board of Supervisors President Aaron Peskin and conservative supervisors.

Presentations to the board’s Government Audit and Oversight Committee in support of Sunday Streets were overshadowed by a big turnout of merchants from Pier 39 and Fisherman’s Wharf — who have vociferously opposed the proposal, citing concerns about lost business — and labor leaders, who unexpectedly lent their support to Peskin’s play.

"We just don’t want to have a beta test of a new program on one of the busiest days of the year," said Karen Bell, executive director of the Fisherman’s Wharf Community Benefits District. "People want to drive down the Embarcadero. They don’t want to take side streets."

Advocates of the program are resisting Peskin’s effort to postpone the events until after an economic study can be done.

"Every other city that’s tried this has found it has tremendous economic benefits, as well as tremendous health benefits and social benefits," said Andy Thornley, program director for the San Francisco Bicycle Coalition.

The committee moved Peskin’s resolution to the full board with no recommendation after Sups. Sophie Maxwell and Tom Ammiano voiced support for Sunday Streets. It was set to be heard July 22 after Guardian press time, but Mayor’s Office officials said they intend to hold the events as scheduled no matter what the outcome and work with opponents to ease their concerns.

But most cyclists were focused on the Bike Plan, which might not have final approval until late next year, as an afternoon Land Use Committee hearing called by Sup. Gerardo Sandoval revealed.

Bicycle Advisory Committee member Casey Allen called the delay unacceptable, and said he’s working with others to formally intervene in the case next month, arguing that unsafe conditions are a public health issue demanding immediate action.

"We have to take risks sometimes and challenge the status quo," Allen said. "That’s how we move forward as a society."

For more on both issues, visit www.sfbg.com

The challenge to Newsom…and all of us

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Photo from Portland’s recent ciclovia by Steven T. Jones

It’s not easy to create carfree spaces in automobile-obsessed California, even temporary ones, as Mayor Gavin Newsom is starting to learn. His proposal to create a carfree “ciclovia” along the Embarcadero from Bayview to Chinatown was already scaled back from his original proposal of three consecutive Sundays in August to the recently approved plan for four-hour events on Aug. 31 and Sept. 14.
Merchant groups from Pier 39 and Fisherman’s Wharf lost their minds, screaming with fears of lost business even though motorists will still be able to access their tourist traps by car, and they’ll be joined by thousands of people pedaling, walking and skating past their businesses during prime breakfast and lunch hours. And now members of the Board of Supervisors have added their voices to this shrill chorus.
I knew there would be outrage, and there has been opposition in every city where it’s been tried (and it’s ultimately become popular everywhere it’s been tried). Unfortunately, Newsom has a history of caving in to overentitled motorists. So the challenge now for Newsom — and for all of us concerned about climate change, public health, and the promotion of sustainable forms of transportation — is to do what’s right in the face of fearful proponents of the status quo.
Because creating eight hours per year of carfree space along the San Francisco waterfront is the least we can do.

Nuclear fallout

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› sarah@sfbg.com

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

San Francisco’s undocumented children

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OPINION The recent news stories criticizing the city’s juvenile probation department for sending undocumented children home instead of handing them over to the federal immigration authorities has ignited a firestorm of negative attacks.

However, the stories missed a key fact: the city’s practice of transporting youth home was enacted with the full knowledge and cooperation of the Immigration and Naturalization Service 12 years ago.

San Francisco’s 1989 voter-approved sanctuary law specifically forbids city officials from providing information to federal immigration authorities to aid in deporting noncitizens. While the law does not protect adult felons, it’s silent on the issue of what the city should do with undocumented children after their juvenile cases are concluded.

In 1996 the city’s Juvenile Probation Department drafted a set of policies declaring that undocumented children were entitled to due process of the courts. The policies stipulated that juveniles who wanted to return to their families would be given an airline ticket home after completing their sentences. Children whose families could not be located would be released to halfway homes or foster care, consistent with the way other minors were treated.

In 1993 the INS was sued in the class action suit Flores vs. Reno for unlawfully housing undocumented minors in juvenile correction facilities without access to their families or legal representation. The case settled in 1997 with the INS agreeing that detained children should be placed in the "least restrictive environment," and that every effort would be made to reunite minors with their families.

Prior to the Flores settlement, juvenile probation officials and an attorney for the SF Public Defender’s Office met with representatives from the regional INS office to review San Francisco’s policies.

In 2002 the INS was subsumed by the Department of Homeland Security and became Immigration and Customs Enforcement. While ICE was given the task of prosecuting undocumented children, the Office of Refugee Resettlement, part of the Department of Health and Human Services, was given the responsibility of protecting these children. Unsurprisingly, in the post-Sept. 11 era, ICE took a more aggressive stance against immigrant youth, particularly those involved in the juvenile justice system.

Meanwhile Congress began debating what to do with unaccompanied children who are taken into ICE custody. In 2002, Sen. Dianne Feinstein introduced the Unaccompanied Alien Child Protection Act, stating that "unaccompanied alien minors are among the most vulnerable of the immigrant population." Feinstein noted that "many of these children have entered the country under traumatic circumstances … they are young and alone, subject to abuse and exploitation."

San Francisco’s solution of sending kids home to their families, while imperfect, served at least one purpose: of the seven children represented by my office who were sent home in the last 18 months, none have been rearrested in the United States. San Francisco’s reunification policy was legally justified, fair to youth and their families, and cost-effective.

Jeff Adachi

Jeff Adachi is San Francisco’s public defender.

McGoldrick’s privatization betrayal

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OPINION This isn’t the first time it’s happened. Most politicians break promises. That’s the nature of politics. But when someone signs a pledge — twice — saying he won’t privatize city services, when he holds himself out as a champion of anti-privatization and then goes directly against that stand —well, it kind of makes you wonder.

That politician is San Francisco Sup. Jake McGoldrick. In the past, he stood against privatizing services. He has fought for golf courses, for the Internet; heck, he even fought for horses when Mayor Gavin Newsom threatened to privatize the stables. During the Service Employees International Union endorsement process, he signed a pledge that he would not privatize work currently done by city workers. We endorsed him and even fought against the effort to recall him. But when the rubber hit the road for people, he screeched out of there.

Newsom has proposed contracting out the work of the Institutional Police, a group of workers represented by SEIU Local 1021. Institutional police officers work primarily at San Francisco General and Laguna Honda hospitals, but they also provide security at health clinics throughout the city. That security — not only for the workers, but for the community that these institutions serve as well — might soon be gone.

If you have ever been in SF General’s emergency room during a violent incident, you know exactly how bad a decision that would be. A nurse who met with McGoldrick described how bad it got on her shift one night. A man who had been shot was being transported to the ER, and the shooter was following closely behind, hoping to finish off the job. When the victim and assailant pulled up to General, the institutional police were there waiting with guns drawn. They disarmed the shooter and arrested him.

The nurse who told this story looked McGoldrick squarely in the eye and told him that the community would know immediately when the ER was staffed by private security officers, and that would endanger the workers and the patients there.

Even the union that represents the private security officers — whose members would get the jobs — told McGoldrick the work should remain with the institutional police.

Training for private security officers is minimal and inconsistent. Turnover is rapid. When private security officers are transferred to new buildings, they’re often not trained on its specific emergency procedures. There is little oversight to enforce existing state training requirements.

This shouldn’t be about money. A couple of weeks ago, during public hearings on the budget, the Controller’s Office reported on the exponential growth of six-figure salaried executive positions in the past few years; 55 new management jobs were created this year alone. McGoldrick, who heads the Budget and Finance Committee, could easily have moved some of that money around, as SEIU 1021 advocated, rather than leave the city’s health care facilities at risk. But he didn’t.

Unfortunately, it only takes one bad incident to expose the false "savings" of contracting out security to inexperienced and less-trained guards. Six supervisors appear to agree. What happened to Jake McGoldrick?

Robert Haaland

Labor activist Robert Haaland works for SEIU Local 1021.

Real money, false arrest

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› gwschulz@sfbg.com

The false arrest of an elected official in San Francisco for using a $100 bill that police wrongly thought was counterfeit has evolved into a potentially precedent-setting legal struggle over police accountability.

The San Francisco City Attorney’s Office is seeking to appeal the case all the way to the conservative-dominated US Supreme Court, an expensive fight that could overturn what would seem a welcome ruling in liberal San Francisco. The Ninth Circuit Court of Appeals last August affirmed in the case that citizens have the right to sue police officers after being unreasonably arrested for a crime they didn’t commit.

After a federal district judge refused to grant qualified immunity to the officers and throw out the lawsuit, City Attorney Dennis Herrera’s office insisted on repeated appeals argued by deputy city attorney Scott Wiener, rather than settling for a few thousand dollars and accepting that the cops simply screwed up.

"There are some people who would say ‘Why don’t you just pay a little money to settle it?’<0x2009>" Wiener told the Guardian. "But we have to take a broader institutional perspective, because if you start settling cases that don’t have merit, you’re going to wind up with a lot more cases like that than you would have otherwise."

At the center of the story is attorney Rodel Rodis, a Filipino activist and elected trustee of City College of San Francisco, who was arrested in the spring of 2003 and dragged to a police station for supposedly trying to buy a handful of items from a Walgreens with a counterfeit $100 bill. The bill turned out to be real.

But by the time the officers came to that conclusion, Rodis had suffered what he regarded as the terrible embarrassment of being shoved into a squad car with his hands behind his back in front of neighbors and constituents. It also occurred just around the corner from his longtime law practice and the main campus of City College, where he’s been an elected trustee since 1991.

Rodis promptly filed a $250,000 claim against the city, former Police Chief Alex Fagan Sr., and two officers at the scene alleging false arrest, excessive force, and the negligent infliction of emotional stress, among other things. He later offered to settle the suit for $15,000, but the City Attorney’s Office refused to accept the deal.

Five years and innumerable legal bills later, the case just keeps getting worse for the city — even before it lands in front of a jury to determine if indeed the police should compensate Rodis.

"Part of my mind was saying … ‘I’m not going to argue. I’m not going to resist,’<0x2009>" Rodis said of the arrest. "I put my hands behind my back but I’m thinking ‘This has got to be a mistake. Somebody here has to have some sense.’<0x2009>"

Rodis was suffering from minor allergy symptoms on Feb. 17, 2003, when he headed to a Walgreens on Ocean Avenue he’d been going to for 20 years. It was located near his Ingleside home and a law office he’s had in the neighborhood since 1992.

He picked up some cough syrup, Claritin, toothpaste, and a few other things. The total came to $42 and change, so he tried to pay with a $100 bill.

"I just happened to have it in my wallet," Rodis said.

The drugstore clerk used a counterfeit detection pen to be sure the bill was legit. It was, according to the marking, but the bill was printed in the 1980s before watermarks and magnetic strips were used to help stop counterfeiting.

The young clerk was unfamiliar with the bill’s design and called a manager to be sure. He, too, used a counterfeit pen to confirm that it was real. But the manager told Rodis he was still going to call the police, fearing it was fake. That’s when things turned surreal. Two officers showed up and almost immediately placed Rodis in handcuffs before trying to ascertain if he’d actually attempted to defraud Walgreens.

"They made no effort to determine what the situation was … they just assumed," Rodis said. "When she said ‘Put your hands behind your back,’ I thought I was in some Twilight Zone moment."

A third ranking officer on the scene, Sgt. Jeff Barry, had known Rodis for years as a local lawyer and City College trustee. Their sons were classmates. But Barry allegedly failed to step in and question whether Rodis was likely to be a fraud artist.

Another officer, Michelle Liddicoet, told Rodis she knew who he was and that he "should be ashamed of himself," according to the suit.

Feeling humiliated as other Filipinos he knew looked on, Rodis was put into the back of a patrol car and taken to Taraval Station, where he was handcuffed to a bench. There he waited another 30 minutes or so until the police officers were able to reach the Secret Service, which investigates currency for the US Treasury Department. A federal agent confirmed that the bill was likely genuine. The whole ordeal lasted about a couple of hours and Rodis was driven back to the drug store.

"This wasn’t a situation where Mr. Rodis was held in jail overnight or for a week or had to post some large amount in bail," Wiener said.

Fagan sent out a department memo shortly afterward stating that suspects have to know the currency they’re using is counterfeit before being arrested, and in any event, if they insist it’s real, the officer can book the bill as evidence for later examination and give them a receipt without arresting anyone.

But by then the damage was done and the hasty reaction of police would lie at the heart of the case that Rodis subsequently filed.

Rodis is an unlikely champion of police accountability. Known for his cantankerous personality, he all but accused the secretary of the San Francisco Veterans Equity Center last month in his regular column for the Philippine News of supporting a band of communist guerillas in the Philippines known as the New People’s Army, a charge the man angrily denied.

He bitterly responded with a string of e-mails last year when the Guardian reported he was several months late in sending legally required campaign disclosure forms from his 2004 reelection to the Ethics Commission (see "At the crossroads," 07/17/07).

But the city’s police academy also has invited Rodis to lecture recruits about San Francisco’s Filipino community as part of the department’s sensitivity training. A week after the incident involving Rodis, an elderly Filipino man who sold the San Francisco Chronicle downtown was savagely beaten and robbed of $400. He never found a police officer while walking to his Tenderloin home, where he died. The two incidents, one following on the heels of the other, enraged the city’s Filipino population of 36,000, and Rodis believes it proves the police department continues to have trouble with discrimination.

"The fact that it happened to me meant that I was in a position to do something about it," Rodis said of his dust-up. "For many [Filipino immigrants] … they wouldn’t have had the resources or the knowledge of the procedures to fight back. Even up to now, five years later, I still bump into people who appreciate the fact that I filed the action."

The case was assigned to Wiener, who is coincidentally the elected chair of the San Francisco Democratic County Central Committee and a longtime party activist in a city that’s famously wary of any perceived threat to civil liberties.

In his capacity as a lawyer for the city, though, Wiener tried to have Rodis’ suit tossed using a common courtroom maneuver known as summary judgment. Civil defendants request them from a court by arguing that a claim is so lacking in merit that they shouldn’t have to endure a costly, time-consuming jury trial.

He also made the standard claim that city employees — in this case police officers — are shielded by what’s known as qualified immunity, a legal argument designed to allow them room to make honest mistakes without facing an endless barrage of expensive litigation.

In March 2005, federal district judge Maxine Chesney granted the request in part, throwing out Rodis’ claim of liability against the city and county. But she allowed the part of the suit involving the two officers to move forward, arguing the arrest was illegal because they didn’t have probable cause that Rodis intended to defraud the store.

So Herrera’s office turned to the Ninth Circuit Court of Appeals, and in a move that surprised Wiener, the panel ruled 2-1 that public employees are entitled to qualified immunity, but not when they fail to act on their considerable law enforcement powers in a reasonable way and take into account all factors present at the scene.

To put it bluntly, cops sometimes make an error in judgment but they still have to use their brains for establishing probable cause. The panel also argued that even if the bill was counterfeit, Rodis did nothing wrong if he wasn’t aware of it.

"Even without knowledge of Rodis’ identity and local ties," the majority wrote, "based on the totality of the other relevant facts, no reasonable or prudent officer could have concluded that Rodis intentionally and knowingly used a counterfeit bill."

Now Herrera had on his hands published legal precedent that his staff believed imposed a new requirement on police officers to not only conclude that perpetrators passed counterfeit currency but also that they intended to defraud their victims. The decision, city officials claim in their pleading to the Supreme Court, could hamstring local and federal law enforcement investigating counterfeit currency and some other types of fraud.

"They said it was clearly established that probable cause is a fluid concept," Wiener said of the ruling. "Well, that’s a meaningless statement. Of course probable cause is a fluid concept. But the point of qualified immunity is that officers are entitled to rely on the current state of law about what the requirements are and shouldn’t have to predict what a judge is going to do down the road."

Lawrence Fasano, a lawyer for Rodis, counters that Fagan’s memo to the department reinforced the court’s opinion. Considering that the police and people in the neighborhood had known Rodis for years, the officers on the scene should have concluded that it was out-of-character for him to pass a counterfeit bill.

"All the evidence that was looked at by the police officers at the time indicated that he did not intend to pass counterfeit currency, including the fact that he had other $100 bills in his pocket that were genuine," Fasano said.

Fasano argued, too, that case law in California made clear the issue of intent cannot just be set aside by police.

Other cities and counties in California so fear the case’s impact that two interest groups representing them, the League of California Cities and the California State Association of Counties, filed a joint friend-of-the-court brief after the Ninth Circuit’s ruling, arguing that digital counterfeiting was a "threat to the nation’s fiscal health" that could grow in the future, and if allowed to stand, "the panel majority’s decision would eviscerate the doctrine of qualified immunity to the detriment of the public."

Wiener filed the Supreme Court petition in May after a larger panel of Ninth Circuit judges rejected a request for rehearing earlier this year. While the Supreme Court accepts only a fraction of the thousands of cases it receives annually, Wiener believes there’s a chance it will be accepted because of another such case it’s examining from the Tenth Circuit. The city won’t know for sure until the fall.

He adds that it’s extraordinarily dangerous for police to be forced to consider a citizen’s status as an elected official before concluding that probable cause exists for an arrest. The City Attorney’s Office won’t disclose how much has been spent on the case until it’s resolved, but Rodis estimates he’s spent more than $50,000.
The US dollar may be losing value internationally, but a $100 bill from the 1980s could cost San Francisco big bucks.

Sterile plans

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› sarah@sfbg.com

When state and federal agencies announced June 19 that they are going to release millions of sterile moths into California cities to combat the crop-threatening light brown apple moth (LBAM), they insisted that their alternative pheromone spray program was safe and would continue to be applied in rural areas.

"Aerial applications will continue to be an important tool, especially in densely forested areas," says the statement on the California Department of Food and Agriculture’s Web site. "Our health officials did not find a link between the spraying and reported illnesses."

CDFA’s strategic shift also fueled fears that the state is simply exchanging one ineffective tool for another in an effort to appear to be doing something to combat the moth.

"The first one, the public didn’t like," said University of California, Davis entomology professor James Carey. "The second is a complete waste of money. They can’t eradicate these things, but [it] lets CDFA throw more public money down the rat hole."

As the Guardian has reported (see "Godzilla versus Mothra," 01/02/08), Carey believes that the moth, which has been found in a dozen California counties, probably arrived decades ago, not several years ago as state officials maintain.

CDFA spokesperson Steve Lyle acknowledges that some scientists say the LBAM has been here for as long as 50 years, but he’s seen no proof of that assertion, noting that CDFA trapping data found no moths in 2005, but plenty in 2007. "We’ve asked them to provide data, but they’ve yet to release anything," Lyle told the Guardian.

Carey believes CDFA’s 2005 trapping program was inadequately concentrated: "There is no way that CDFA can make any statements on the absence of LBAM in the state based on their 2005 trapping program…. Thus the extent of spread still has to be reconciled with known rates of spread of insects. This is a long-term infestation that has been around for many decades."

Lyle admits that sterile insect technology is an unproven LBAM eradication method. "But we’ve used it successfully in the Central Valley to keep the pink bollworm moth, which is a pest of cotton, at bay, and we’ve successfully moved from malathion to sterile insect technology to treat the medfly," Lyle said.

State officials claim that they switched tools because a pilot study (cofunded by the US Department of Agriculture) in rearing a viable colony of moths at the Agricultural Research Services labs in Albany yielded promising results much earlier than anticipated.

"Because of this success," wrote CDFA Secretary A.G.<0x0007>Kawamura in a June 13 memo to Gov. Arnold Schwarzenegger’s Cabinet Secretary Dan Dunmoyer, "CDFA anticipates that we will be able to move up a delivery date for sterile moths to two years, a timeline that would allow us to utilize it in the central coast region program."

Noting that a single-engine Cessna flies over the Los Angeles Basin each day releasing millions of sterile medflies, Lyle predicts that the state’s sterile moth release program "will be no more distinctive than that," and that the irradiated moths will be "no more radioactive than people’s teeth after a dental X-ray."

"The moths receive a minute amount of radiation that stunts the growth of their reproductive organs," Lyle explained.

USDA’s Larry Hawkins told the Guardian that sterile males and females will be released. "The females won’t be able to lay fertile eggs, but they might be putting out pheromones that draw wild males," Hawkins says, noting that the USDA may need to allocate more money to the program in addition to the funding now in place: $15 million in 2007 and $74.5 million in 2008.

The consequences of California having LBAM already include being quarantined by Canada, Mexico and Chile, with China and South Korea considering similar moves, Hawkins says.

"LBAM typically attacks leaves, but that doesn’t mean it never attacks fruit," said Hawkins, who believes California is posing a risk by leaving the moths untreated this summer, and that the nation needs to build public awareness (see "Chemicals and quarantines," 03/05/08) about invasive pests given accelerating climate change and global travel.

"The insect has not stopped breeding, and our trapping data shows the insect continues to spread and its numbers to go up," Hawkins warned.

But Carey predicts that "the moth problem," in terms of damage to plants, will turn out to be "pretty much nothing on the ground."

"Trade is about dealing with risk, through an agreement between a buyer and seller, that if seller doesn’t find X number of moths because the buyer has been spraying, then the seller can ship the produce," Carey opined. "This is the future of pest control."

Man with a plan

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› news@sfbg.com

GREEN CITY Environmental groups have voiced cautious optimism about the California Air Resources Board’s new draft plan for fulfilling the legislative mandate of reducing greenhouse gas emissions by 30 percent from 1990 levels by 2020 and 80 percent by 2050. It relies primarily on greater conservation and efficiency, and a push for new technology.

But skeptics await the forthcoming details behind the plan’s vague outlines and openly worry that the complex "cap and trade" system for selling the right to pollute, an approach favored by industry executives, could be counterproductive. Many experts say we need a more radical reevaluation of the current system, such as that proposed by California’s S. David Freeman in his book, Winning Our Energy Independence: An Energy Insider Shows How (Gibbs Smith, 2007).

Freeman has advised presidents and governors on energy policy, run the Tennessee Valley Authority and major municipal utility districts, and recently activated a fleet of all-electric vehicles as head of the commission overseeing the Port of Los Angeles.

His book lays out a plan to phase out Big Coal, Big Oil, and nuclear (which he dubs "the Three Poisons") over 30 years while meeting the needs of our high-energy society by implementing renewable technologies that already exist: sun, wind, and renewably generated hydrogen, supplemented by small hydroelectric, geothermal, and certain biofuels.

"[I]t is entirely practical and feasible to get all our energy from renewable resources and to do so with today’s technology," Freeman writes, contradicting energy industry spin that beginning the switch would take decades. Footnoted calculations and renewable resource maps show that renewables will cost the public less, with supply "over twice as large as what we may need," if used efficiently.

The transition he proposes could eliminate many of the physical, economic, and political risks of our current unsustainable oil addiction, but only if environmentally concerned Americans — which, he posits, are a majority — close ranks and demand a national renewable energy policy that started immediately.

Freeman’s plan also relies heavily on conservation: it recommends federal government-mandated efficiency programs for utilities, auto companies, manufacturers of energy-using equipment, and homebuilders to offset rising consumer demand. Increasing fuel mileage standards by 1 mpg per year for 24 years (to 48 mpg), for example, would push automakers to steadily improve their products.

His second step: retire aging, highly polluting coal and waste-generating nuclear plants, outlaw new ones, and phase in renewable power-generating alternatives using sun, wind, geothermal, biomass, and municipal waste (going from 9 percent renewable now to 60 percent in three decades, at five-year intervals). Forest, agricultural, and municipal waste are preferable to food-based ethanol.

Freeman encourages consumers to get vocal with manufacturers and demand flex-fuel and plug-in hybrid cars (with batteries you can recharge at home) and, ultimately, all-electric cars. Rechargeable types require less gasoline, freeing us from reliance on foreign oil, a militaristic foreign policy, and habitat destruction at home. An excess-profits tax can supply consumer and manufacturer incentives to speed production within a decade.

Because green cars mean more demand for electricity, Freeman looks beyond new thin-film solar rooftop panels, calling on the federal government to develop "Big Solar": desert installations capable of generating 500 MW of power (the largest US solar farm now generates 16). Such a facility could fuel the energy-intensive electrolysis process needed to free clean-burning hydrogen from water (to replace gasoline), which can then be piped and stored.

Sure, this kind of approach will be expensive. But it would be attainable when looked at against the high cost of oil wars and steadily rising gas prices; habitat and health benefits further tip the scales.

To supplement lulls in sun and wind, the "cleanest of the fossil fuels — natural gas plants — should be allowed to continue to generate power … to assure reliability during hours when the renewables are not available," Freeman writes.

Freeman incites a people-power surge to usher in the big transition: "A favorite trick of the energy establishment is to say our problems are so big that we have to try everything, which means drilling where oil companies want to drill, strip mining coal, and building prohibitively costly, high-risk, toxic nuclear reactors.

Freeman said we need that same strong commitment to transition away from the Three Poisons, because "coal, oil, and nuclear cause the problems while renewables are the solution."

Local Heroes

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Del Martin and Phyllis Lyon


Del Martin, left, and Phyllis Lyon
 

Del Martin and Phyllis Lyon have lived active lives — although “activist” would be the better word. One, the other, or both have been founding members of the Daughters of Bilitis, the Alice B. Toklas Democratic Club, the Council on Religion and the Homosexual, and Old Lesbians Organizing for Change. Martin, 87, was the first lesbian elected to a position in the National Organization for Women, where she was also the first to assert that lesbian issues are feminist issues. Lyon, 83, edited the Ladder, the first magazine in the United States devoted to lesbian issues. And together, it seems, there’s little they haven’t done, from coauthoring books to becoming the first gay couple in the nation to legally marry on Feb. 12, 2004, almost 50 years to the day they first became a couple.

Deemed void later that year, their marriage was reconstituted this June when the California Supreme Court ruled that same-sex marriage is, in fact, legal. Once again, Martin and Lyon were the first in line to tie the knot.

But gay marriage wasn’t the right they were fighting for when their relationship began back in 1954. “We had other, bigger issues. We didn’t have anything in the ’50s and ’60s,” Lyon recalls. “We were worried about getting a law passed to disallow people from getting fired or thrown out of their homes for being gay.”

Even something as simple as having a safe space to congregate was elusive. Before the mid-1950s, the only organizations that dealt with gay issues were run by and focused on men. So Martin and Lyon, along with a few other lesbian couples, founded the Daughters of Bilitis in 1955. “We would meet in homes, dance, and have drinks and so on, and not be subject to police raids, which were happening then in the gay and lesbian bars,” Lyon said. Those informal get-togethers eventually became the first lesbian organization with chapters nationwide.

They say their activism isn’t something that was sparked by their gender and sexuality, but came from being raised in politically conscious homes — Lyon in Tulsa, Okla., and Martin in San Francisco. When they met, working at the same company in Seattle, “both of us were already politically involved,” Lyon says.

“Really, ever since we were kids,” Martin adds. “You followed elections. You followed things like that. We wore buttons for Roosevelt. We couldn’t send money because we didn’t have any.”

“And then when we both moved in together, in San Francisco, the first thing we did was get involved with Adlai Stevenson,” Lyon says. They quickly got to know the major Democratic movers and shakers in the city, like the Burton family and later Nancy Pelosi, whom they would eventually turn to when there were gay issues that needed a push.

“We didn’t come out to everybody, but we came out to Nancy and the Burtons,” Lyon says.

These days age has tamped down the physically active part of their political activism, although they still donate money and were ardent Hillary Clinton supporters during this year’s Democratic primary race. They’re now backing Barack Obama over John McCain, though Martin expressed reservations. “I’m waiting to see how he handles the question about women and women’s rights. I’m not satisfied yet.”

Amanda Witherell

 

Local hero

Alicia Schwartz


Alicia Schwartz
 

Whether she’s demanding sit-down time with the mayor to discuss asbestos dust at Hunters Point Shipyard, offering to debate former 49ers president Carmen Policy over the need to develop 50 percent affordable housing in the Bayview, or doing the cha-cha slide on Third Street to publicize the grassroots Proposition F campaign, which fought the Lennar-financed multimillion-dollar Proposition G on the June ballot, Alicia Schwartz always bubbles with fierce enthusiasm.

“I absolutely love my job,” says Schwartz, who has been a community organizer with POWER (People Organized to Win Employment Rights) for four years.

Born and raised in Marin County, Schwartz graduated from the University of California, San Diego, with a degree in sociology and anthropology before returning to the Bay Area, where she is enrolled in San Francisco State University’s ethnic studies graduate program and works for the San Francisco–based POWER.

“It’s an amazing organization full of amazing people, united for a common vision, which is ending oppression and poverty for all,” says Schwartz. “In cities, the priorities are skewed to benefit folks who are wealthier and have more benefits. But the folks who keep the city running are not recognized or are suppressed.”

Prop. F wasn’t Schwartz’s first campaign experience. She had previously organized for reproductive justice, for access to health care and sexual-health education, and against the prison-industrial complex.

But it was the most inspirational campaign she’s seen so far.

“I saw the Bayview transformed,” Schwartz explains. “I saw people who’d lost faith in politicians come to the forefront and fight for the future. And I saw people across the city rallying in support, too.”

Schwartz acknowledges that Prop. F didn’t win numerically.

“But practically and morally, and in terms of a broader vision, Prop. F advanced the conversation about the future of San Francisco, about its working-class and black future,” Schwartz says. “Clearly, that fight isn’t over. It’s just beginning.”

Schwartz says she believes that the other success of Prop. F is that it raised the question of who runs our cities.

“And I think it was a huge victory, even being able to accomplish running a grassroots campaign, with no money whatsoever and where we had to up the ante, in terms of getting to know some of the political establishment.”

Most of all, Schwartz says she appreciated being able to work with people who hadn’t been part of POWER.

“And I appreciated being able to advance a set of demands that a broad range of people could support, while keeping the Bayview and its residents at the forefront,” she says.

While that particular campaign may be over, the battle for Bayview–Hunters Point continues on many fronts, says Schwartz.

“Are we going to allow it to be run by developers who don’t have our best interests at heart and who fool us with payouts and false promises?” she asks. “Are we going to allow San Francisco to become a place where people can’t afford to live, but surely have to come to work?”

Amanda Witherell

Local hero

James Carey, Daniel Harder, and Jeff Rosendale


From left, Daniel Harder, James Carey, and
Jeff Rosendale
 

It would be unfair to give any one person credit for stopping the state’s foolish plan to aerially spray synthetic pheromones to eradicate the light brown apple moth (LBAM). Thousands were involved in that struggle.

But there are at least three individuals we can think of who successfully fought the state with science, a tool that too often is used to dupe, not enlighten, the public.

They are James Carey, a University of California, Davis, entomology professor; Daniel Harder, botanist and executive director of the UC Santa Cruz Arboretum; and Jeff Rosendale, a grower and horticulturalist who runs a nursery in Soquel.

Together and separately, this trio used experience, field observation, and fact-finding tours to make the case that the California Department of Food and Agriculture (CDFA) would court disaster, in terms of lost time, money, and public goodwill, if it went ahead with the spraying.

And they did so at a time when UC, as an institution, remained silent on the matter.

“I felt like I needed to do this. No one was stepping up from a position of entomological knowledge,” says Carey, whose prior work on an advisory panel working with state agencies fighting the Mediterranean fruit fly between 1987 and 1994 led him to speak out when the state sprayed Monterey and Santa Cruz counties last fall.

Carey says the signatures of two UC Davis colleagues, Frank Zalom and Bruce Hammock, on a May 28 letter to the US Department of Agriculture also helped.

“All of us are senior and highly credentialed scientists,” Carey notes, “so our letter was taken really seriously by the agriculture industry.”

Rosendale and Harder had taken a fact-finding tour last December to New Zealand, which has harbored this leaf-rolling Australian bug for more than a century, to find out firsthand just how big of a problem the moth really is.

“We wanted to get the best information about how they were dealing with it, and what it was or wasn’t doing,” Rosendale recalls. What he and Harder discovered was that New Zealand had tried using organophosphates, toxic pesticides, against the moths — but the chemicals killed all insects in the orchards, including beneficial ones that stopped parasites.

“When they stopped using organophosphates, the food chain took care of the LBAM,” Rosendale says.

Like Carey and Rosendale, Harder believes that the state’s recently announced plan to use sterile moths instead of pesticides is a lost cause. He says it’s impossible to eradicate LBAM at this point because the pest is already too widespread.

“It’s not going to work, and it’s not necessary,” Harder says.

And now, Glen Chase, a professor of systems management specializing in environmental economics and statistics, says that the CDFA is falsely claiming that the moth is an emergency so it can steal hundreds of millions from taxpayer emergency funds.

“The widespread population of the moth in California and the specific population densities of the moth, when analyzed with real science and statistics, dictate that the moth has been in California for at least 30 to 50 years,” states Chase in a July 15 press release.

The state has put spraying urban areas on hold, but the battle isn’t over — and the scientists who have gone out on a limb to inform the public are still on the case.

Sarah Phelan

 

Local hero

Queer Youth Organizing Project


From left, Fred Sherburn-Zimmer,
Josue Arguelles, Jane Martin, Vivian Crocket,
Justin Zarrett Blake,
Joseles de la Cruz, and Abel-Diego Romero
 

The queer-labor alliance Pride at Work, a constituent group of the AFL-CIO, added a youth brigade last year, and it’s been doing some of the most inspired organizing and advocacy in San Francisco. The Queer Youth Organizing Project can marshal dozens of teen and twentysomething activists with a strong sense of both style and social justice for its events and causes.

Founded in March 2007, QYOP has already made a big impact on San Francisco’s political scene, reviving the edgy and indignant struggle for liberation that had all but died out in the aging queer movement. Pride at Work has also been rejuvenated and challenged by QYOP’s youthful enthusiasm.

“It really is building the next generation of leaders in the queer community, and man, are they kick-ass,” says Robert Haaland, a key figure in both Service Employees International Union Local 1021 and Pride at Work. “Pride at Work is now a whole different organization.”

QYOP turned out hundreds of tenants for recent midday City Hall hearings looking at the hardball tactics of CitiApartments managers, an impressive feat that helped city officials and the general public gain a better understanding of the controversial landlord.

“They have a strong focus on tenant issues and have done good work on Prop. 98 and some tenant harassment legislation we’ve been working on,” says Ted Gullickson, director of the San Francisco Tenants Union. “They really round out the coalition between tenants and labor. They do awesome work.”

In addition to the energy and numbers QYOP brought to the campaign against the anti–rent control measure Prop. 98, the group joined the No Borders encampment at the Mexican border in support of immigrant rights and turned a protest against the Human Rights Campaign (which angered some local queers for supporting a workplace rights bill that excluded transgenders) into a combination of pointed protest and fun party outside the targeted group’s annual gala dinner.

“It’s probably some of the most interesting community organizing I’ve seen in San Francisco,” Haaland says. “It’s really made a difference in our capacity to do the work.”

As an added bonus in this essentially one-party town, QYOP is reaching young activists using mechanisms outside the traditional Democratic Party structures, an important feature for radicalized young people who are wary of partisan paradigms. And its members perhaps bring an even stronger political perspective than their Party brethren, circulating reading lists of inspiring thinkers to hone their messages.

Haaland says QYOP has reenergized him as an activist and organizer: “They’re teaching me, and it’s grounding me as an activist in a way I haven’t been for a long time.”

Steven T. Jones

Alejandro Escovedo is a ‘Real Animal’

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Alejandro Escovedo recently performed “Always a Friend” with Bruce Springsteen.

By Todd Lavoie

How about some good news for a change? Alejandro Escovedo’s comeback keeps getting stronger.

When the singer-songwriter collapsed post-show back in 2003 after contracting Hepatitis C, the outlook was pretty grim – as it turned out, he had had the disease for several years, and his body was in greatly compromised condition. Consequently, his musical career had to be back-burnered for a few years, to allow time for recovery – surely a painful option for the musician, who had more or less been playing nonstop ever since forming San Francisco punk legends the Nuns back in the mid-’70s.

His return to recording, 2006’s The Boxing Mirror (Back Porch), was a triumphant, frequently touching announcement of recuperation, but the just-released Real Animal (Back Porch/ Manhattan/Blue Note Label Group) resolves any fleeting doubts about the state of Escovedo’s health after his brush with death.

Hunter, haunted

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› cheryl@sfbg.com

"When the legend becomes fact, print the legend," says the reporter in John Ford’s The Man Who Shot Liberty Valance (1962), a film about the importance of living up to one’s image, even when that image is predicated more on fiction than fact. It’s a burden either way, and the dilemma is echoed in Gonzo: The Life and Work of Dr. Hunter S. Thompson, a lively new documentary by Alex Gibney, who directed 2005’s Enron: The Smartest Guys in the Room and picked up an Oscar this year for Taxi to the Dark Side.

Gonzo focuses on Thompson’s most fruitful professional period — 1965 to 1975, a decade that saw the New Journalism proponent (who committed suicide in 2005) write Hell’s Angels, Fear and Loathing in Las Vegas, and Fear and Loathing on the Campaign Trail ’72. During that time, he also launched an ill-fated campaign for sheriff of Pitkin County, Colo., and shaped his public persona into that of a gun-toting, drug-crazed, booze-soaked, authority-bashing champion of outsiders, capable of churning out pages of brilliant and utterly unique prose, always written in first person and most often written while under the influence.

Speaking over the phone from New York City, Gibney reflected that he was drawn to his latest subject largely because of that persona. "He was a guy who didn’t play by the rules, and it seems like we need a guy like that around now, when the rules are being used against us by people in power," the director said. "Also, he seemed like a fun character to do, this larger-than-life character that — for at least for a brief period of time — became this outlaw that we all wanted to live by."

Gonzo taps quite a bit of home-movie footage, photos, and audiotapes to flesh out Thompson beyond his words (read by Johnny Depp, who bonded with the author while prepping for the 1998 Fear and Loathing movie). A diverse array of contemporary interviews (Rolling Stone‘s Jann Wenner, Hell’s Angel Sonny Barger, both of Thompson’s wives, Pat Buchanan, illustrator Ralph Steadman, George McGovern, and Jimmys Buffet and Carter) bears out the wide range of Thompson’s influence. According to Gibney, the only interview he would have liked to have gotten but didn’t was with Doonesbury cartoonist Garry Trudeau, who would only speak off the record.

"My first day on the job was to go out to [Thompson’s funeral] — the one Johnny Depp paid for — and hang out, try to get a bunch of people to talk, and then shoot the funeral itself. I shot the funeral, but nobody much wanted to talk to me," Gibney recalled. "But once I let everyone know I was doing this film and that it was really gonna focus on his work, that opened people up, and inevitably they started talking about Hunter the character as well."

The funeral, briefly shown in Gonzo, is a surprisingly tasteful spectacle involving taiko drums, a giant cannon, and glimpses of famous friends (John Kerry, Bill Murray). The film doesn’t spend much time on Thompson’s suicide, though in its first scene it speculates how the writer might have lost his trademark edge. In Gibney’s eyes, Thompson’s Dr. Gonzo alter ego was the reason for both his success and his ultimate downfall.

"Initially [his persona] just grew out of a natural journalistic instinct to supply your own perceptions, to put yourself in the story, to be the lens through which viewers would see whatever you were covering," Gibney said. "But over time it became [less of a] lens [and more of a] bubble in which he got trapped. So I think that was the trick. Sometimes this mythical character he created just kind of took over. As he remarks in the film, ‘Sometimes I don’t know who to be, whether to be Duke or Hunter.’<0x2009>"

Duality also manifested itself in Thompson’s private personality, which Gibney was surprised to discover as being "almost bipolar."

"Hunter’s mood swings kind of represented his ability to see the kind of schisms or splits in the American character," he said. "I knew he was always a very perceptive writer about the American character, but I think maybe he was so perceptive because he — more than a lot of people — is like America. Sort of the best and the worst. I didn’t really understand till I started the film just how many-sided he was."

Visually dynamic and entertaining for Thompson devotees as well as those who only know him from Depp’s portrayal in Fear and Loathing, Gonzo is nonetheless tinged with the melancholy that eventually tempered Thompson’s considerable lust for life. Blame health problems, professional frustrations, the re-election of George W. Bush, or more existential concerns — Thompson’s quest for the American Dream, documented in Fear and Loathing and elsewhere, was never really satisfied. Instead, Gibney speculated, "I think he ended up finding how elusive it is, and how much-desired it is — but how rare it is to ever find it. And that’s what he found in Vegas, I think: what a perfect vehicle for the death of the American dream, this place where you go hoping to fulfill that rags to riches dream, yet in some fundamental way knowing that the house always wins."

GONZO: THE LIFE AND WORK OF DR. HUNTER S. THOMPSON

Opens Fri/4 in Bay Area theaters

www.magpictures.com

Nine years of everything

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› annalee@techsploitation.com

TECHSPLOITATION I’ve been writing this column for nine years. I was here with you through the dot-com boom and the crash. I made fun of the rise of Web 2.0 when that was called for, and screamed about digital surveillance under the USA-PATRIOT Act when that was required (actually, that’s still required). I’ve ranted about everything from obscenity law to genetic engineering, and I’ve managed to stretch this column’s techie mandate to include meditations on electronic music and sexology. Every week I gave you my latest brain dump, even when I was visiting family in Saskatchewan or taking a year off from regular journalism work to study at MIT.

But now it’s time for me to move on. This is my last Techsploitation column, and I’m not going to pretend it’s not a sad time for me. Writing this column was the first awesome job I got after fleeing a life of adjunct professor hell at UC Berkeley. I was still trying to figure out what I would do with my brain when Dan Pulcrano of the Silicon Valley Metro invited me out for really strong martinis at Blondie’s Bar in the Mission District and offered me a job writing about tech workers in Silicon Valley. My reaction? I wrote a column about geeks doing drugs and building insanely cool shit at Burning Man. I felt like the hipster survivalist festival was the only event that truly captured the madness of the dot-com culture I saw blooming and dying all around me. I can’t believe Dan kept me on, but he did.

Since then, my column also found a home in the Guardian and online at Alternet.org, two of the best leftist publications I’ve ever had the honor to work with. I’ve always believed the left needed a strong technical wing, and I’ve tried to use Techsploitation to articulate what exactly it would mean to be a political radical who also wants to play with tons of techie consumerist crap.

There are plenty of libertarians among techie geeks and science nerds, but it remains my steadfast belief that a rational, sustainable future society must include a strong collectivist vision. We should strive to use technologies to form communities, to make it easier for people to help the most helpless members of society. A pure free-market ideology only leads to a kind of oblivious cruelty when it comes to social welfare. I don’t believe in big government, but I do believe in good government. And I still look forward to the day when capitalism is crushed by a smarter, better system where everyone can be useful and nobody dies on the street of a disease that could have been prevented by a decent socialized health care system.

So I’m not leaving Techsploitation behind because I’ve faltered in my faith that one day my socialist robot children will form baking cooperatives off the shoulder of Saturn. I’m just moving on to other mind-ensnaring projects. Some of you may know that I’ve become the editor of io9.com, a blog devoted to science fiction, science, and futurism. For the past six months I’ve been working like a maniac on io9, and I’ve also hired a kickass team of writers to work with me. So if you want a little Techsploitation feeling, be sure to stop by io9.com. We’re there changing the future, saving the world, and hanging out in spaceships right now.

I also have another book project cooking in the back of my brain, so when I’m not blogging about robots and post-human futures, I’m also writing a book-length narrative about, um, robots and post-human futures. Also pirates.

The past nine years of Techsploitation would have been nothing without my readers, and I hope you can picture me with tears in my eyes when I write that. I’ve gotten so many cool e-mails from you guys over the years that they’ve filled my heart forever with glorious, precise rants about free software, digital liberties, sex toys, genetic engineering, copyright, capitalism, art, video games, science fiction, the environment, and the future — and why I’m completely, totally wrong about all of them. I love you dorks! Don’t ever stop ruthlessly criticizing everything that exists. It is the only way we’ll survive.

Annalee Newitz (annalee@techsploitation.com) is a surly media nerd who is slowly working on fixing her broken WordPress install at www.techsploitation.com, so eventually you’ll be able to keep up with her there again.

Bad medicine

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› news@sfbg.com

Let’s say you were recently diagnosed with a serious medical condition — depression, for instance. Your doctor thinks medication is the way to go, but says it may take some experimentation to find the right drug. The first try: Paxil.

For two weeks, you don’t notice a difference. But then suddenly you can’t sleep and you’re suffering from headaches. So you call your doctor, who tells you to stop taking the meds and come in to discuss your condition further. In the meantime, you get an unusual mailer from Walgreens, your local pharmacy, saying "please remember to take your medication." Perplexed, you wonder if your pharmacist knows something your doctor doesn’t, and you consider resuming the Paxil. Then you take another look at the mailer.

In fine print, you see that the message wasn’t sent by Walgreens, but by a company called Adheris. Since you’ve never heard of Adheris, you call your pharmacist for an explanation. The pharmacist tells you that Walgreens has been selling your prescription information to outside companies, which are contracted to send you these "reminders."

Sound creepy? Well, that’s the scenario that came within a hair’s breadth from becoming a potential reality recently via a state bill that would have eroded California’s strong medical privacy laws. The legislation passed the state Senate May 29 before dying in the Assembly June 17.

The bill, SB 1096, was sponsored by Sen. Ron Calderon (D-Montebello) and would have allowed pharmacies to sell patients’ prescription and medical information to third-party entities — including Adheris, Inc., the bill’s main business backer. The ostensible goal behind the bill was to allow Adheris and other similar marketing companies to mail "reminder" notices to patients so they wouldn’t forget to take their medication.

The Mental Health Association of California, the National Association of Cancer Patients, and other important health advocacy organizations supported the measure, saying they believed it would improve compliance and save lives. But the bill’s opponents, which included the California Medical Association and many consumer groups, asserted that the legislation was not really about helping patients.

Jerry Flanagan of Consumer Watchdog led the fight against the bill. Flanagan called the legislation "insidious" and "dishonest" because it was really about marketing pharmaceuticals and "boosting drug company profits." Adheris does receive funding from the pharmaceutical and retail pharmacy industries, and Flanagan pointed to a Wall Street Journal article from 2002 revealing that Adheris was essentially created to help drug companies ensure consumer loyalty to expensive, brand-name pharmaceuticals. Furthermore, Flanagan’s records show that Calderon received more than $89,000 from the drug and retail pharmacy industries over the past few years.

Sen. Calderon did not reply to specific questions, but pointed to a statement on his Web site saying he was "deeply disappointed" with the demise of his bill, and with critics who "completely mischaracterized [its] intentions." The statement asserted, "SB 1096 was about protecting patient health and reducing health care costs."

Pam Dixon, executive director of the California-based nonprofit World Privacy Forum, also opposed the bill. She said that in addition to its shortcomings, the measure was poorly timed. "What’s really tragic is that just as California is pushing new electronic initiatives — e-prescribing, assembling a diabetes registry, digitizing more and more information — we have a politician trying to give a marketing company a bite of the apple. Now is when we need to be protecting the exceptionally strong privacy laws we have, not weakening them."

So why would such a bill surface in perhaps the most pro-privacy state in the nation? Perhaps because in other states, pharmacies can already do this. No other state has the equivalent of California’s Confidentiality of Medical Information Act, so there is nothing to prevent pharmacies from selling patient information. And they’re selling that information, although not without controversy. Indeed, Adheris is still fighting a class-action lawsuit in Massachusetts for allegedly vioutf8g consumers’ privacy through just this type of campaign.

But what about federal law? Doesn’t the Health Insurance Portability and Accountability Act of 1996 (HIPAA) prevent this?

No. HIPAA was enacted by the Clinton administration to safeguard medical information. But according to Peter Swire, who was Clinton’s chief privacy counselor and helped draft the legislation, the law permits pharmacies to contract with outside firms to engage in reminder campaigns. As originally drafted, the law included an opt-out. But the George W. Bush administration ditched it in 2002, weakening the law. Swire said Calderon’s bill appeared to be an attempt to "shift California law to the federal standards."

Dan Rubin, CEO of Adheris, said California’s strict law hurts patients. He cited a 2003 World Health Organization study suggesting that "increasing adherence [to prescription drug regimens] … may have a far greater impact on patient health than any improvement in specific medical treatments." But to many in the health care community, the debate wasn’t about whether adherence was a problem — they all agreed it was — but about how to best address it.

Dr. Jack Lewin, former CEO of the CMA and current chief of the American College of Cardiology, said that although patient compliance is a "critical" issue, Calderon’s bill was a "Band-Aid solution." Lewin pointed out that non-adherence usually stems more from personal choice or denial than forgetfulness.

Dr. Sharon Levine, associate executive director of the Permanente Medical Group, said the problem with SB 1096 was that it was not "evidence-based."

"The science of non-adherence is in its infancy," she added. "We just don’t know what kind of effect, if any, a mailed piece of information is going to have."

But thanks to Flanagan of Consumer Watchdog, among others, Californians won’t need to worry about such mailings — for now, anyway. When asked if the bill was dead for good, Flanagan warned of the need for continued vigilance. "It can always come back," he said, adding that a similar bill, AB 1587, is being presented to the Assembly Judiciary Committee this month.

Fighting for the right to party

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› steve@sfbg.com

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Amanda Witherell contributed to this report.

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

The carfree challenge

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>>For our complete Towards Carfree Cities conference coverage, including video, interviews, and pics, click here.

› steve@sfbg.com

GREEN CITY A large group of San Francisco’s top alternative transportation advocates traveled to Portland, Ore., for the Towards Carfree Cities international conference June 16-20, marveling at a transportation system widely considered to be the most progressive in the United States.

"Portland is light-years ahead of everyone else in this country," said Leah Shahum, executive director of the San Francisco Bicycle Coalition, who attended the conference along with representatives from the San Francisco Planning and Urban Research Association, San Francisco State University, prominent urban design firms including Arup (which is designing the new Transbay Terminal project), architect David Baker, and other institutions.

Public transit in Portland is extensive, cheap, frequent, and easy to use, with the Max line — unlike Muni — allowing bicycles on the trains. Walking is encouraged by new design standards and public information campaigns. A riverside freeway was replaced by open space years ago. And the large network of bicycle paths and other improvements to promote cycling have made Portland the only large city to earn the putf8um designation from the League of American Bicyclists (San Francisco is one tier down at gold).

"But the reality is Portland is far from being great," was the sobering assessment from keynote speaker Gil Peñalosa, the former parks director of Bogotá, Colombia, who pioneered carfree policies there before pushing the issues internationally through the nonprofit Walk and Bike for Life.

Cities are facing multiple crises connected to over-reliance on the automobile — declining public health, environmental degradation, resource depletion, loss of community, and not enough space in US cities to handle the 100 million people they’ll need to accommodate in the next 35 years. And Peñalosa said most are responding with baby steps that deny the scope of the challenge.

"We’re not doing enough," he said, noting that even the best US cities are way too dependent on automobiles compared to cities that have made the biggest advances in reducing automobile use, such as Copenhagen, Amsterdam, Berlin, Paris, Barcelona, and Vancouver.

"That’s where Portland belongs, and that’s the challenge," Peñalosa said. "Under existing conditions, we have to make major leaps instead of baby steps."

It was the first time that this eighth annual conference has been held in the United States, and organizers said they hoped its message will resonate in a country that needs to change profoundly if it is to efficiently manage its growth while playing a positive role in dealing with global climate change.

Many of the ideas raised at the conference and pursued in Portland are beginning to spread. The conference opened with Depaving Day, a pavement-removal effort that has many adherents in the Bay Area, and closed with Sunday Parkways, during which a six-mile loop in North Portland was closed to cars. Such "Ciclovias," which Peñalosa started in Colombia, are planned this August in New York City and San Francisco.

"There are people from all over the world doing amazing work," said local conference coordinator Elly Blue of the Portland group Shift, which organized the conference to coincide with Portland’s annual Pedalpalooza, two weeks of fun bike events and other festivities.

Many attendees noted that global warming, high gasoline prices (and the specter of Peak Oil), worsening public health, and persistent traffic congestion have made many big city leaders more open to carfree concepts than they’re ever been.

"The climate is changing," League of American Bicyclists director Andy Clarke said. "This is our time. It’s our moment to seize the opportunity and change our communities."

Mia Birk, Portland’s former bicycle-policy coordinator, added, "We’re not anti-car, but we’re trying to create a system where walking and biking are viable transportation options." Birk now runs Alta Planning and Design, which is working on carfree and car-light projects with hundreds of cities around the world, including some in the Bay Area.

"What we’re talking about is a true cultural revolution to encourage that kind of shift," Birk said, inviting the crowd to "be a part of that revolution."

Bad grades

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› gwschulz@sfbg.com

A much-anticipated audit of City College of San Francisco’s spending of bond money finds that school officials promised voters more than they could possibly deliver and then didn’t allow proper oversight of hundreds of millions of dollars in public funds.

A minority faction on City College’s Board of Trustees has for years sought a performance audit of the school’s bond projects, which includes $441.3 million authorized by voters during elections in 2001 and 2005. The audit by Sacramento-based MGT of America was released June 4.

The faction, led in large part by longtime trustee Milton Marks, often publicly quarreled with former Chancellor Phil Day over the matter, arguing that Prop. 39, a state ballot measure that passed in 2000 and made it easier for school districts to get voter approval for bond financing, legally required full annual performance audits of its capital spending on new classrooms, laboratories, a gymnasium, and a performing arts center.

But school administrators denied they were necessary or claimed that the cursory, more limited financial audits done each year met the legal mandate. Pressure on Day’s administration finally became insurmountable last year as San Francisco’s District 12 state Assembly Member Fiona Ma began threatening to have the state conduct its own audit, offering deeper scrutiny and wider disclosure than City College officials were perhaps prepared to stomach.

"My overall feeling is that we appreciate their efforts, accept their findings, and will implement all of the recommendations," a conciliatory Vice Chancellor Peter Goldstein told the Guardian in response to the report.

While mostly mild in its language, the audit shows that the school may have violated state law by granting several small contracts to the same construction companies so City College could avoid the headache of competitive bidding.

The state’s Public Contract Code requires that projects costing more than $15,000 go to the lowest responsible bidder through a competitive process, a provision designed to save money for taxpayers. But between 2005 and 2006, the community college entered into seven separate no-bid contracts with one construction firm totaling $83,545 for work at its Cloud Hall facility on Ocean Avenue.

"It’s unfortunate that two of the project managers were not aware or did not appreciate the importance of that rule," Goldstein said. "They’ve been counseled and we don’t expect to have any more occurrences of that type."

The auditors found "similar multiple contracts" — totaling less than $100,000, Goldstein said — where the work should have been combined into one larger contract and approved by the school’s independently elected Board of Trustees.

The audit reserved special criticism for a bond oversight committee required by Prop. 39 to watchdog the school’s capital spending. The Guardian reported last year that such committees in other districts, for example, West Contra Costa County routinely received full performance audits and met more often than City College’s oversight committee (See "Who’s following the money?", 07/10/07).

But the group of citizens here, which includes San Francisco Treasurer José Cisneros and former San Francisco Chronicle publisher Steve Falk, who’s now head of the San Francisco Chamber of Commerce, has done far less than what the law asks it to do.

The report says that one oversight committee member, who goes unnamed, told the auditors that it wasn’t the committee’s responsibility to determine how City College actually spends the funds. The auditors also watched former Chancellor Day tell the committee at a January meeting that its reach was limited solely to ensuring that City College complied with certain provisions of the state’s Constitution.

That turned out to be totally untrue. "The intent of this law is to provide a broad oversight role for the committees, thereby encouraging cost-effective use of bond funds," the report states.

"Many of these things that are in the report are things that people on the board have been saying all along," Trustee Marks said. "We really shouldn’t have had to spend $250,000 for someone on the outside to tell us this."

The original estimate for all of City College’s ambitious bond projects amounted to about $539.7 million, and the school has offset many of those costs by securing tens of millions of dollars in matching funds from the state. But as of January, the total cost has ballooned to $968 million. Last year the Guardian reported that the school gutted several projects promised to voters by "reallocating" roughly $130 million from their budgets to save other projects suffering from skyrocketing cost overruns (See "The City College shell game," 07/03/07).

Trustee John Rizzo, who joined Marks in asking for an audit, said he wished the report had done more to explain why many of the projects were poorly planned, leading to millions of dollars in higher costs. He cited as examples the new Mission Campus and a health and wellness center for athletes.

Rizzo told us, "Just from what contractors say and what staff has been reporting, that still needs to be looked at."

Towards Carfree Cities: Treasure Island as case study

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Could Treasure Island go carfree? That was the intriguing question that Gus Yates, president of the Berkeley-based nonprofit Carfree City USA, posed during a thought-provoking presentation he gave last week at the Towards Carfree Cities conference in Portland.

The question goes to the heart of whether U.S. cities are prepared to take more than baby steps toward reducing automobile dependence. Treasure Island, which is being redesigned almost from scratch, is close to the urban core and faces significant challenges to accommodating thousands of new motorists. If not there, where?

The question wasn’t simply an abstract exercise, but a serious proposal that Yates formally presented last year to Kheay Loke, senior project manager with Wilson Meany Sullivan, the lead developer for Treasure Island, which is proposed to include about 6,000 new housing units.

The compelling arguments that Yates makes – and the reasons that Loke offered for turning Yates down – shows how, in the minds of current decision-makers, capitalist imperatives still trump the need to seriously wrestle with global warming, traffic congestion, declining public health, and other byproducts of automobile reliance.

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