Mayor

Where’s Michela?

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Michela Alioto-Pier, carpetbagger.

That’s what her Democratic primary challenger called her in 1996, when Alioto-Pier ran for the House of Representatives from the 1st congressional district, which hugs the California coastline from the town of Napa to the Oregon border.

Alioto-Pier, a San Francisco native, had spent the previous two and a half years at the White House advising Al Gore on telecommunications issues. After returning to the West Coast, the ambitious 26-year-old packed up her belongings and moved to St. Helena in Napa County, buying a home there in November 1995 and registering to vote the following month.

Her opponent, Monica Marvin, promptly attacked with a commercial showing a moving van heading across the Golden Gate Bridge alongside a photo of Alioto-Pier and a voice-over condemning outside candidates.

"I think the perception was that someone who’d lived most of her life in the district had a more comprehensive grasp of the issues and the culture reflected by those constituents," Marvin told the Guardian recently.

Alioto-Pier nonetheless won the primary, but she narrowly lost the general election to a Republican incumbent named Frank Riggs. He too assailed her for moving to the district just before the race.

More than a decade later, District 2 supervisor Alioto-Pier hasn’t managed to escape accusations that she’s detached from her constituents, nor has she succeeded in clearly reestablishing residency here since beginning a new political career at San Francisco’s City Hall.

THE SECOND-HOME STORY


Alioto-Pier is registered to vote at a Vallejo Street condo that she bought in 2005 for $1.9 million, and she told us that she, husband Thomas Paul Pier, and their three children make it their primary residence.

"Depending on the time of year, we spend some weekends at our St. Helena house, which is on the same street as Congresswoman [Nancy] Pelosi’s St. Helena house," she said in a written response to our questions.

An Alioto-Pier office assistant, Gene Eplett, left a voice message with the Guardian insisting that second homes are commonplace. "You probably have one as well," Eplett said.

Not exactly. Particularly not one with a taxable value of $774,793.

And in some legal documents, Alioto-Pier lists the Napa County house as her residence.

In August the supervisor formed a limited liability company for the purpose of "wine production" with Pier, called Alioto-Pier Vineyards, according to state business registration records. Both listed their home address as the three-bedroom, two-bath St. Helena home on Zinfandel Lane. Alioto-Pier paid $590,000 for the place, which sits on 2.6 acres of world-famous Napa County soil.

Within days of Mayor Gavin Newsom’s appointing her to the Board of Supervisors in January 2004, she signed a deed of trust for a $100,000 equity line of credit, again listing the Zinfandel Lane property as her home address, according to Napa County records.

In early May 2003, not long before she joined the board, former mayor Willie Brown tapped her to sit on the powerful San Francisco Port Commission. That same week she reregistered another wine-making business in Napa County she’d founded years before called Alioto Cellars, a.k.a. Alioto Winery. In the area of the original form asking for a residence, she began to list the St. Helena property but thought better of it, crossing it out and replacing it with a San Francisco address on Jackson Street that she appears to have used for at least two years, according to Napa County records.

In response to questions regarding the business registration records for Alioto-Pier Vineyards, the supervisor said neither she nor her husband signed the form and that it was filled out by their attorney.

"Alioto-Pier Vineyards LLC is a small wine producing business (approximately 250 cases per year) whose business address is more suitable to where our vineyard (approximately one acre) is located — at our St. Helena property," she wrote.

The form asks for the addresses of the company’s managers separate from the location of the principal executive office. For both Alioto-Pier and her husband, Zinfandel Lane is given as the home address.

DISTRICT ISSUES


As a supervisor, Alioto-Pier has exhibited savvy on emergency preparedness, mothers in the workplace, energy use, and the threatened demise of St. Luke’s Hospital in the Mission, which treats primarily low-income patients.

Mick Suverkrubbe, president of the Marina Merchants Association, said the supervisor always has a presence at the group’s meetings.

"If she doesn’t show up, one of her aides shows up," Suverkrubbe said. "She’s always been real responsive when we’ve had questions."

But some critics say Alioto-Pier appears all too willing to take direction from the Mayor’s Office, well-financed business interests, and Democratic party functionaries rather than independently arriving at positions.

"She’s like the windup doll," said one City Hall insider who asked not to be named. "It’s fair to say every time I see Sean Elsbernd [her board ally] make a decision, I know that it’s coming from a policy perspective, not someone yanking his chain. It’s the exception, not the rule, that she comes up with her own policy perspective."

"She has three more years, and hopefully they’ll be better," Bill Barnes, an aide to Assemblymember Fiona Ma who formerly worked for Sup. Chris Daly, said of Alioto-Pier’s current board term. "The point of district elections is that supervisors respond to their neighborhood. The values and concerns in District 2 are going to be more moderate and conservative than some other areas, but you still have to provide that basic level of service."

ATTENDANCE PROBLEMS


Alioto-Pier’s attendance record has also caused her trouble and made her an easy target for political adversaries.

"I see her here on Tuesday afternoons," when the board meets, one City Hall staffer said. "She probably spends a full day here when she has a committee hearing with an item. Beyond that, her office is routinely shut on Fridays."

Alioto-Pier missed 17 of 160 board and committee meetings in 2004 and 2005 — that’s only about 10 percent. But throughout her tenure as a supervisor, she’s attended barely half of the meetings of the San Francisco County Transportation Authority, where each of the supervisors automatically serves as a director, according to an analysis of the $100 payments the members receive for attending meetings.

"I missed Transportation Authority meetings related to the birth of my third child and the complications of that pregnancy," Alioto-Pier told us.

Alioto-Pier noted, as did others at City Hall, that she had health problems in 2006. She was pregnant with her third child, and there were complications. Further, she said, supervisors don’t get time off for maternity.

"All city employees with the exception of members of the Board of Supervisors are allowed to take a four-month maternity leave. I was the first member of the board in the history of San Francisco to give birth while in office. As such, there were no guidelines in place, and I had to place the health and safety of my newborn first," she said.

But for many months in 2004 and 2005, before that pregnancy, she missed all or almost all of the Transportation Authority meetings.

She also missed 16 of 20 scheduled meetings, including three public hearings, during the short time in 2004 that she spent as a director for the Golden Gate Bridge Highway and Transportation District.

Alioto-Pier left the district before her term was set to expire after serving only six months, complaining that she didn’t have enough time for the position. In her resignation letter, she acknowledged that the bridge was adjacent to her district and "given my ongoing commitment to improving waterfront security in San Francisco, I hope in the future I will once again be able to work with you and serve as a director." She never has, but four other supervisors have served on the district’s board for years.

And she’s apparently not too busy to be running a winery in St. Helena. It’s a modest operation, but it has to take some of her time.

WHERE DOES SHE VOTE?


Alioto-Pier’s voter registration history is confusing.

She doesn’t appear to have voted at all in the November 1999 election — at least not in Napa or San Francisco counties — but, curiously, she did vote in that year’s December runoff, when Willie Brown won a second term over Sup. Tom Ammiano.

She cast a ballot as an absentee in Napa County one year later, even though she was registered at that time to vote in San Francisco under the name Michela Angelina Alioto-Pier, public records show. She voted here in November 1998 with the last name Alioto-Pier, but she didn’t marry her lawyer husband until May 2000, county records show.

In 2002 she voted in San Francisco during the primary and general elections under the name Michela Angelina Driscol Alioto, yet she was still registered concurrently under the name Michela Angelina Alioto-Pier.

Alioto-Pier said that she and her husband returned to St. Helena in July 2000 but moved back here in early 2001, reregistering in both places. She added that San Francisco and Napa counties were at that time slow to remove "deadwood" registrations from their rolls.

"Clearly, once one reregisters, the county has the obligation to cancel all previous registrations for that person," she said. Alioto-Pier insisted that she voted in San Francisco’s November 1999 election, but an office attendant at the Department of Elections asserted that the system "says she was eligible but she did not vote."

Her 1996 Republican opponent, Riggs, also castigated her for failing to vote in 1994 and 1995. Alioto-Pier’s explanation, according to press accounts? Her permanent residency wasn’t clear.

"As best as I can recall from the events of a decade ago, I responded to Republican Frank Riggs by saying there was a mix-up with my absentee ballots," Alioto-Pier told us.

She’s listed a string of San Francisco addresses in public records over the past two decades in addition to her St. Helena dwelling. But in 2005 she finally bought the condo on Vallejo Street in San Francisco. She didn’t file for a homeowner’s exemption on the condo in 2006, but neither has she taken advantage of the tax break on her Zinfandel Lane home during any year since 1997, according to property records.

Alioto-Pier said she was unaware of qualifying for the homeowner’s tax exemption. "However, we declare as a deduction the mortgage interest from our Vallejo Street home on our federal tax returns," she said. Taxpayers are permitted to benefit from the deduction on a second residence.

Whispers at City Hall surrounding the time Alioto-Pier spends in St. Helena and away from her District 2 constituents have dogged her increasingly since she replaced Newsom.

But she’s never faced the punishing regimen of banner headlines endured by District 4’s onetime supervisor Ed Jew. He’s also been suspended by the mayor and faces civil charges that he lied to voters about living permanently in the district he was elected to represent.

Alioto-Pier offered a few telling words in a recent robocall to San Francisco voters opposing mandated appearances by the mayor before the Board of Supervisors: "We need to get our house in order before we invite any guests."

Now, which house would that be?

Today’s Ammianoliner

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Mayor lowers expectations on Muni. Says it’s safe to jump in front of them because they never come.

(From the answering machine of Sup. Tom Ammiano on Dec. 5, 2007.)

Personal note to Tom: your enunciation is getting better. Keep it up. ) B3

Art and History vie for Presidio spot

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History museum proposed by Presidio Historical Association

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Art museum proposed by Don Fisher

Last night at the Officer’s Club about 200 Marina residents gushed over Gap-founder Don Fisher’s plan to put a 100,000 square foot museum in the Presidio to house his art collection. For the most part they gave a demur nod to the Presidio Historical Association’s alternate proposal for a history museum. The two museums are vying for the same slice of real estate at the head of the Main Parade Ground, facing north toward the Bay where a bowling alley and tennis courts are currently located.

The historical association made a case for the site as a place where the history they’d be presenting actually went down, and said the grounds surrounding the museum would be a part of the museum itself. “The Main Post area is the most historically sensitive area,” said Gary Widman of the Historical Association. “It’s where San Francisco really started 1n 1776 and it’s an area that has buildings from almost every major period since that time.”

The only historical connection Mr. Fisher could come up with was the original plan for the Main Parade Ground, which called for a significant building at its head to anchor the site. He was firm in saying he could think of no other possible place for his museum. “This is the only location that works for us,” he said. “Nothing like that is available anywhere else in the Presidio.” In fact, he said he was planning on gifting his art to some other, already established museums until he was approached by the Presidio Trust, which suggested he consider building his own museum in the park instead.

Before the two plans were presented, Mayor Newsom offered some very diplomatic remarks suggesting a great compromise. “These don’t have to be competing projects,” he said, adding that he’d appointed a staff member (Kyri McClellan, 554-6123) to this project. “My office wants to participate in this process from the beginning.”

The plans agreed on one issue — parking would go underground. After that, they differ radically.

Today’s Ammianoliner

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Hugo Chavez defeated, may now run for mayor of Vallejo.

(From the answering machine of Sup.Tom Ammiano, on the day Venezuelans voted to defeat proposed policy that would grant Chavez more unchecked power, Monday, Dec. 03, 2007.)

Look inward, Mr. Nevius

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The attack by a homeless person on a 26-year-old German exchange student was horrific by any standard. A violent act by a possibly deranged person now charged with attempted rape shouldn’t be seen as any sort of reflection on homelessness in San Francisco; it was just awful.

But when C. W. Nevius starts talking about too many homeless people appearing in the Sunset, he needs to start a bit of self-reflection. His column states:

Whether, as many believe, the attack was a result of moving homeless encampments out of Golden Gate Park or simply an increase in homeless people in the area, the residents of the Outer Sunset are deeply concerned about the people living on their streets.

No shit, Sherlock. You (and I mean you, Chuck, since your columns drove the mayor to drive homeless people out of the park) push people out of a relatively quiet and invisible place where they’ve been sleeping, and they’re going to wind up somewhere else. Like on the streets of the Sunset.

Then the cops can crack down on homeless people in the Sunset, and they’ll move to another neighborhood, where the same game will start all over. And pretty soon a lot of the burghers will start wondering if we weren’t all better off before the Chron started its sensationalist coverage and the mayor got all agitated about the homeless camps in the park. Maybe that’s a better place for people to sleep than in Sunset doorways.

Huh, Chuck?

Cut the cleaners

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In stories on the $229 million budget deficit that San Francisco could be facing next year, both the Chronicle and the Examiner used the same telling quote from Mayor Gavin Newsom’s press secretary, Nathan Ballard: “Although he wants to trim the fat, the mayor made it abundantly clear he doesn’t want to see a reduction in people sweeping streets or police officers walking beats.”
Why is this guy so obsessed with street cleaning? As a bicyclist, I get irritated by the wet streets, which they often are since Newsom became mayor. As an environmentalist, I see this city’s manic scrubbing as a waste of water (which will grow more precious with climate change) and money and source of more toxic waste (as the Guardian reported last spring). My sense of social justice is also disturbed when street cleaners become a weapon against homeless loiterers, the working class, and street parties.
But the mayor seems to think daily street scrubbing is more important than the social services that his budget will ultimately target. Hell, his official website still prominent features (under “Recent News”) his “Back to Basics Budget” proposal from last spring, which focused on clean streets. With all due respect, Mr. Mayor, maybe it’s time to stop pandering to the conservatives and the business community and develop some kind of vision and agenda that we can all support.
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Images from SF Department of Public Works website

Mission to Caracas

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Chavez snubs IAPA journalists in Venezuela

By Bruce B. Brugmann

(Scroll down for the IAPA press release in English and Spanish on its free press mission to Venezuela)

It was an amusing and telling moment in the history of freedom of the press:

I serve on the executive committee of the Inter American Press Association, and arrived in Venezuela on Nov. 17 as part of a mission to check on President Hugo Chávez’s accelerating crackdown on the news media. Chávez had a message waiting for our delegation.

It was a half-page advertisement from the Venezuelan National Assembly, in the big morning Caracas daily paper El Universal, reprinting a copy of a congressional resolution urging the executive branch to declare the IAPA non grata (not welcome) in Venezuela. (Scroll down to see a copy of the ad.)

That set the tone for our mission: The sponsor of the resolution refused to meet with the IAPA’s delegation. In fact, no member of the three branches of the Venezuelan government or the National Electoral Council was willing to meet with the IAPA.

However, Chávez, who was plastered all over the papers and television for his trip to Iran and France, did send us a Chavista group called Journalists for the Truth.

The president of the group told the IAPA mission that there was complete freedom of the press in Venezuela, then promptly went outside the room and told the waiting press that the IAPA had been “duped in good faith by the reports prepared by the ‘opposition’ Venezuela press.”

Gonzalo Marroquín, chairperson of the IAPA’s Committee on Freedom of the Press and Information, immediately retorted to the press that “it would seem that the journalists were at another meeting.”

In fact, the IAPA expressed “deep concern at the instability of press freedom in general and warned of the limited debate and public awareness surrounding planned constitutional reform and called on authorities to create an appropriate framework of guarantees and transparency for the Dec. 2 referendum,” according to its press release on its findings.

Earl Maucker, who led the mission as the IAPA’s president and editor of the South Florida Sun-Sentinel in Ft. Lauderdale, Fla., noted in a press conference that “the government’s unwillingness to talk about issues of press freedom and free speech, so essential to a democratic society, strengthens our belief that there is no real climate of respect, or the tolerance and political will to hold an open and comprehensive dialogue at a time when a major constitutional revision is under way.”

The mission met with members of the Venezuelan Press Bloc, a constitutional attorney, representatives of a human rights group, polling experts, the mayor of Chacao, the head of the National Press Workers Union, and other knowledgeable civilians. The mission and its final press conference were widely covered in the Venezuelan print and broadcast press. Marroquín, director of Diario Prensa Libre in Guatemala and a former television newscaster, was most eloquent in debating the IAPA’s findings on the government radio and television stations.

There were no violent incidents and no attempts to intimidate nor demonstrate against the IAPA mission. However, Chavez has made it difficult, if not impossible, for IAPA to hold its scheduled assembly next March in IAPA. Three different hotels in three different cities offered to host the convention, then mysteriously canceled their invitations.
Suddenly, two hotels said they did not have enough rooms, the third said it had it had rooms but could not provide meeting facilities. Even the J.W. Marriott Hotel that our mission was staying in asked us to hold our meetings and press conference in a nearby hotel.

Interestingly, after I posted a report on my blog, a self-described Venezuelan named Palomudo offered a comment describing the IAPA as a club of rich media owners.

“Look who owns the media in the USA and ask yourself what they did to convince you of their lies,” Palomudo wrote, echoing the Chávez line. “Remember Saddam and the weapons of mass destruction? … The media is your worse [sic] enemy and people like Bruce B. Brugmann are nothing more than media mercenaries pay [sic] to lie!!!”

Quite a statement, considering the Guardian is one of the strongest critics in the nation of media concentration and has consistently written about and criticized the mainstream media’s misreporting on Iraq. As an independent paper with a left-liberal approach, we’d be open to supporting some of Chávez’s economic policies of fighting multinational oil companies and redistributing wealth.

But we also believe that all governments — left, right, center, and otherwise — need a free and vigorous press and unfettered public debate. As long as Chávez refuses to accept those essential conditions, we happily stand with the non grata editors and publishers in the IAPA, and the courageous editors, publishers, media, students, and everyone else fighting Chavez for press freedom in Venezuela. B3

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IAPA Deputy Director RicardoTrotti and IAPA President Earl Maucker touch up the press release on deadline shortly before the IAPA press conference on Tuesday, Nov. 20th.

Click here for IAPA press release (English version).
Click here for IAPA press release (Spanish version).
Click here to view El National ad.

SF underground

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› news@sfbg.com

The proposed Central Subway project has arrived at a critical point in its planning stage, with the public comment period for its environmental documents coming to a close Dec. 10 after a series of recent workshops and meetings.

Proponents see the project as an important next stage of the Third Street Light Rail Project and a vital link to Chinatown, which was made less accessible when the Embarcadero Freeway was torn down. But even some transit advocates question whether the project, with a price tag of $1.2–$1.7 billion, has enough bang for the buck to be worth it.

The Central Subway would realize the San Francisco Municipal Transportation Agency’s long-standing vision for a subway system that links to the northeast sector of the city, alleviates traffic problems, and improves connections with BART and Caltrain.

This phase of the project, which proposes to connect the South of Market area to Chinatown by underground rail by 2016, has received the fiscal green light — $1.2 billion in state and federal funding is already pledged.

Board of Supervisors president Aaron Peskin, whose District 3 includes Chinatown, called the Central Subway "a very good and wise investment in San Francisco.

"Any investment in public transportation is a good thing," he added. "Is it expensive? Yes. But so were" many other transit projects.

Rose Pak of the Chinese Chamber of Commerce, an influential force in San Francisco politics, insists that the Central Subway project is imperative to the Chinatown community.

"It’s long overdue," she told the Guardian. "Over 70 percent of our people rely exclusively on public transit. It’s very important to them. They don’t own cars, but they still need to get here for work, to see friends and family."

But is a 1.7-mile stretch of subway the right priority for and the right way to spend San Francisco’s scarce transportation money? Tom Radulovich, elected BART board member and executive director of Livable City, said making the Central Subway a top priority is a "big mistake."

"If everything else was well with Muni, this might be a good project," he told us. "But we need to take care of first things first."

Radulovich emphasized that improving the existing Muni service is a better step toward resolving San Francisco’s transit problems. He pointed out that using state and federal government money for other projects would go a lot further in improving the overall system. He said the Central Subway project is prematurely being made a priority.

"It’s like trying to build a master bedroom suite on top of a foundation that needs reinforcement. It’s nice, but it doesn’t make much sense," he said.

When asked about the possibility of revamping the Muni bus lines that presently serve Chinatown, Pak explained that the existing bus service already functions at capacity.

"Stockton is one of the busiest streets in San Francisco," she said. "Have you ever tried to ride a bus there at rush hour? It’s almost impossible."

In fact, the project’s Supplemental Environment Impact Report states that bus service already runs at three-minute frequencies or better for most of the Central Subway corridor. It also affirms that the area is operating at capacity, "particularly Stockton Street."

Pak added that the Central Subway would allow for shorter transit times and a "minimum disruption of surface streets."

After the Embarcadero Freeway was disabled by the 1989 Loma Prieta earthquake, the decision was made to remove and not replace it. That angered many Chinatown merchants, who became the base of support for the Central Subway project.

At first the group "didn’t have the muscle nor the power," Pak told us. "But our community rallied. We did massive letter writing and postcard writing."

Now challenging the project or raising concerns about its cost or feasibility — which some critics and media reports have done — means doing battle with Pak and the Chinese American community, a substantial voting block. So Mayor Gavin Newsom, Sup. Peskin, and other top elected officials support the project.

At the San Francisco Planning Commission meeting held Nov. 15, David Chiu, a commissioner on the Small Business Commission (and candidate to succeed Peskin as District 3 supervisor), said he was "really looking forward to this project moving forward" but would like to see more detail in the SEIR about the process for relocating small businesses.

Commissioner Michael Antonini "strongly advised" extending the subway as soon as possible to North Beach and Fisherman’s Wharf and all the way to the Richmond, arguing the current terminus in Chinatown doesn’t make long-term sense. But few at the hearing argued the project shouldn’t be built.

According to the SEIR, traveling from Fourth Street and King to Chinatown on the Central Subway would cut up to 12.4 minutes from the journey in 2030 — from the bus time projection of 17 minutes to less than five minutes in one subway alignment alternative.

Four "Alignment Alternatives," or designs for how the subway will be built, are laid out in the SEIR, which was released for public review Oct. 17 and made the subject of three community workshops and a Planning Commission hearing.

Options range from enhanced bus service and no subway to one that includes some surface rail along Fourth Street (with a new station at Moscone Center) to an option with more of the route underground and Chinatown stations in various spots.

Once an alignment plan is chosen, the SFMTA will vote on the final design next year. And if things go smoothly, construction on the project could start in 2010 and service begin in 2016.

www.sfmta.com/cms/mcentral/centralover.htm

Question of intent

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› sarah@sfbg.com

Sen. Dianne Feinstein, former mayor Willie Brown, Sup. Sophie Maxwell, and Mayor Gavin Newsom in recent weeks have come out in support of a proposed ballot measure that would allow Lennar Corp. to develop thousands of new homes at Candlestick Point, create 350 acres of parks, and possibly build a new 49ers stadium at Hunters Point Shipyard.

The campaign for the Bayview Jobs, Parks and Housing Initiative just launched its signature drive, but the measure should qualify relatively easily for the June 2008 election, given new low signature thresholds and the campaign’s powerful backers.

The measure would give Lennar, which is also involved in Treasure Island and much of the Bayview–Hunters Point redevelopment area, even more control over San Francisco’s biggest chunks of developable land.

But should San Franciscans really reward Lennar with more land and responsibilities when the financially troubled Florida developer has a track record in San Francisco and elsewhere of failing to live up to its promises, exposing vulnerable citizens to asbestos dust, and using deceptive public relations campaigns to gloss over its misdeeds?

As the Guardian has been reporting since early this year (see "The Corporation That Ate San Francisco," 3/14/07), Lennar failed to monitor and control the dust from naturally occurring asbestos while grading a hilltop in preparation for building condominiums on Parcel A of the former Hunters Point Naval Shipyard.

Last month the Bay Area Air Quality Management District’s Board of Directors asked staff to pursue the maximum fines possible for Lennar’s violations, which could run into millions of dollars, particularly if they are found to be the result of willful or negligent behavior.

"It’s clear to everyone in the agency that this case needs to be handled well," BAAQMD spokesperson Karen Schkolnick told the Guardian. "It’s in everyone’s interest, certainly the community’s, to get resolution."

The air district gives parties to whom it issues a warning three years to settle the matter before it goes to court. Lennar officials have publicly blamed subcontractors for failing to control dust and leaving air-monitoring equipment with dead batteries for months on end, but the BAAQMD is treating Lennar as the responsible party.

"It’s air district policy to deal with the primary contractor, which in this case is Lennar, although additional parties may be held liable," Schkolnick said.

Accusations of willful negligence also lie at the heart of a Proposition 65 lawsuit that was filed against Lennar for alleged failures to warn the community of exposure to asbestos, a known carcinogen (see Green City, 8/29/07).

Filed by the Center for Self Improvement, the nonprofit that runs the Muhammad University of Islam, which is next to Parcel A, the suit alleges that the construction activities of Lennar and subcontractor Gordon N. Ball "caused thousands of Californians to be involuntarily and unwittingly exposed to asbestos on a daily basis without the defendants first providing the adjacent community and persons working at the site with the toxic health hazard warnings."

Now fresh evidence from another whistle-blower lawsuit filed by three Lennar employees (see "Dust Still Settling," 3/28/07) shows that higher-ups within Lennar reprimanded and reassigned a subordinate who told subcontractors to comply with mandated plans or face an immediate suspension of construction activities at the Parcel A site.

In an April 21, 2006, BlackBerry message that was copied to Lennar Urban senior vice president Paul Menaker and other top Lennar executives, Lennar Urban’s regional vice president Kofi Bonner wrote to Gary McIntyre, Lennar/BVHP’s Hunters Point Shipyard Project manager, "Gary why do you insist on sending threatening emails to the contractor. If you can no longer communicate directly without the threat of a shutdown … perhaps we should find another area of responsibility for you to oversee. Such emails should only be sent as documentation of [a] conversation."

McIntyre says he was just trying to do his job, which involved ensuring that subcontractors abided by the long list of special health and safety criteria that were developed for this particularly hazardous work site, located in an area long plagued by environmental injustice.

The shipyard is a Superfund site filled with toxic chemicals, and although the 63-acre Parcel A had been cleaned up enough to be certified for residential development, it sits atop a serpentine hill full of naturally occurring asbestos, a potent carcinogen. So the Department of Public Health and the BAAQMD both insisted on a strict plan for controlling dust, which Lennar used to sell the community on the project’s safety.

Yet when McIntyre began insisting in writing that Lennar and its subcontractors adhere carefully to those rules, he was removed from his job. In a work evaluation signed Oct. 17, 2006, Menaker described McIntyre as "a good company spokesperson as it relates to Hunters Point Shipyard" but claimed that he required major improvement in his leadership and communication skills.

"As a manager, he needs to focus on achieving his ultimate mission, rather than focusing on details. Poor communication skills have led to incomplete and often incorrect information being disseminated," Menaker wrote.

The ultimate mission for Lennar — which has seen its stock tank this year as it’s been roiled by a crisis in the housing market — was to get Parcel A built with a minimum of problems and delays. And as concerns about its behavior arose, its communication strategy seemed to be more concerned with positive spin and tapping testimony from financial partners than with putting out a complete and correct view of what was happening.

Whether or not McIntyre was a good Lennar employee, he was at least trying to do right by the community, as records obtained through the lawsuit’s discovery process show. As McIntyre wrote in a three-page response to Menaker’s evaluation, "Our BVHP Naval Shipyard project has unique environmental requirements and compliance therewith is mandatory."

But the record is clear that Lennar didn’t comply with its promises, raising serious questions about a company that wants to take over development of the rest of this toxic yet politically, socially, and economically important site.

BUYING ALLIES


So who is really behind the Bayview Jobs, Parks and Housing Initiative, which does not even have the support of the 49ers, who say they’d rather be in Santa Clara?

The measure was submitted by the African American Community Revitalization Consortium, which describes itself as "a group of area churches, organizations, residents and local merchants, working to improve Bayview Hunters Point." Yet this group is backed by Lennar and draws its members from among those with a personal financial stake in the company’s San Francisco projects.

AACRC founders Rev. Arelious Walker of the True Hope Church of God in Christ in Hunters Point and Rev. J. Edgar Boyd of the Bethel African Methodist Episcopal Church of San Francisco are both members of Tabernacle Affiliated Developers, one of four Bayview–Hunters Point community builders who entered into a joint venture with Lennar/BVHP to build 30 percent of Lennar’s for-sale units at Parcel A. TAD is building the affordable units while Lennar develops the market-rate homes.

Neither Walker nor Boyd disclosed this conflict of interest at a July 31 Board of Supervisors hearing where they and the busloads of people Lennar helped ferry to City Hall created the illusion that the community was more concerned about keeping work going on Parcel A than temporarily shutting down the site while the health concerns of people in the Bayview were addressed.

Referring to reports from the city’s Department of Public Health, which claimed that there is no evidence that asbestos dust generated by the grading poses a threat to human health, Walker and Boyd warned that even a temporary shutdown of Lennar’s Parcel A site would adversely affect an already economically disadvantaged community. There is no way to test for whether someone has inhaled asbestos that could pose long-term risks, and Lennar supporters have used that void to claim all is well.

But even if community benefits such as home-building contracts, better parks, and job training opportunities do trickle down to Bayview–Hunters Point residents, will those opportunities outweigh the risk of doing business with a company that has endangered public health, has created deep divisions within an already stressed community, and is struggling financially?

In a recent interview with the Guardian, Minister Christopher Muhammad, whose Nation of Islam–affiliated nonprofit filed the Prop. 65 suit "individually and on behalf of the general public," described Lennar as "a rogue company that can’t be trusted."

"I’m concerned about the health of the community, as well as the other schools that border the shipyard," Muhammad said. "Our contention is that Lennar purposefully turned the monitors off. If you read the air district’s asbestos-dust mitigation plan, it appears that there was a way to do this grading safely. And the community went along with it. The problem was that Lennar was looking at their bottom line and violated every agreement. They threw the precautionary principle to the wind, literally. And the city looked the other way."

And even if Rev. Walker truly believes the June 2008 Bayview ballot measure is "a chance for all of us to move forward together," does it make financial sense, against the backdrop of a nationwide mortgage meltdown, to give Lennar permission to build thousands of homes at Candlestick Point when this measure doesn’t even specify what percentage of the 8,000 to 10,000 proposed new units would be rented or sold at below-market rates?

Lennar/BVHP has already reneged on promises to build rental units at its Parcel A site, and on Aug. 31, Lennar Corp., which is headquartered in Miami Beach, Fla., reported a third-quarter net loss of $513.9 million, compared to third-quarter net earnings of $206.7 million in 2006. Its stock continues to tumble, hitting a 52-week low of $14.50 per share on Nov. 26, down from a 52-week high of $56.54.

On Nov. 2, Reuters reported that Standard and Poor’s had cut Lennar’s debt rating to a junk-bond level "BB-plus" because of Lennar’s "exposure to oversupplied housing markets in California and Florida." And on Nov. 16 the Orange County Register reported that Lennar is shelving a condominium-retail complex in Long Beach and keeping high-rise condos it built in Anaheim vacant until the housing market bounces back.

Redevelopment Agency executive director Fred Blackwell, who was hired Aug. 30, told us his agency’s deposition and development agreement with Lennar wouldn’t let the company indefinitely mothball its housing units: "The DDA gives Lennar and the vertical developers the option to lease the for-sale units for one year, prior to their sale."

While the agency has been criticized for failing to do anything about Lennar’s problems on Parcel A and letting the company out of its obligation to build rental units, Blackwell said it is able to hold Lennar accountable.

"I feel like the DDA gives us all the tools we need," Blackwell told us. "We have opportunities to ‘cure’ whatever the contractor’s default is, but we can’t just arbitrarily shut things down."

But many in the community aren’t convinced. With the grim housing picture and the 49ers saying they’d rather be in Santa Clara, the only certain outcome from passage of this ballot measure would seem to be a mandate for the city to turn over valuable public lands and devote millions of dollars in scarce affording-housing funds to subsidize the ambitions of a corporation with a dubious track record that is actively resisting public accountability.

True, Lennar has promised to rebuild the Alice B. Griffith public housing project without dislocating any residents, and the measure also allows for the creation of 350 acres of parks and open spaces, 700,000 square feet of retail stores, two million square feet of office space, and improved transit routes and shoreline trails.

But although the rest of the shipyard is contaminated with a long list of human-made toxins, would passage of the initiative mean an early transfer of the shipyard from the Navy to the city and Lennar? And with that shift, the requirement that we put even more faith in this corporation’s ability to safely manage the project?

In October, Newsom, who was running for reelection at the time, told the Guardian he was worried about Lennar’s ability to follow through on "prescriptive goals and honor their commitments."

"We have to hold them accountable," Newsom told us. "They need to do what they say they’re going to do. We need to hold them to these commitments."

But how exactly is the mayor holding Lennar accountable?

In March, when the Guardian asked Newsom’s office if he intended, in light of Lennar’s Parcel A failures, to push ahead with plans to make Lennar the master developer for the 49ers stadium and Candlestick Point, the Mayor’s Office of Communications replied by referring us to Sam Singer, who has been on Lennar’s PR payroll for years.

On Nov. 18 the Chronicle reported that Singer was on the campaign team for the Bayview ballot initiative, along with former 49ers executive Carmen Policy, Newsom’s campaign manager and chief political consultant Eric Jaye, Newsom’s former campaign manager Alex Tourk, political consultant Jim Stearns, and political advertising firm Terris, Barnes and Walters, which worked on the 1997 49ers stadium bond and the 1996 measure for the Giants’ ballpark, both approved by voters.

In recent months Lennar has asked the Guardian to send questions to its latest PR flack, Lance Ignon, rather than Singer. In reply to our latest round of queries, about lawsuits and air district violations, Ignon forwarded us the following statement: "The record is abundantly clear that at each and every stage of the redevelopment process, Lennar has been guided by a commitment to protecting the health and safety of the Bayview–Hunters Point community. Lennar has fully cooperated with all relevant regulatory agencies and public health professionals to determine whether grading operations at the Shipyard pose a health threat to local residents. After months of exhaustive analysis, numerous different health experts — including [the Agency for Toxic Substances and Disease Registry] — concluded that the naturally occurring asbestos did not present a serious long-term health risk. Lennar will continue to work with the San Francisco Department of Public Health and other regulatory agencies to ensure the health of the community remains safeguarded."

Actually, the ATSDR report wasn’t quite that conclusive. It took issue with the faulty dust monitoring equipment at Parcel A and noted that exposure-level thresholds for the project were derived from industrial standards for workers who wear protective gear and don’t have all-day exposure. "However, there are studies in the scientific literature in which long term lower level/non-occupational exposures (from take home exposures and other areas of the world where naturally occurring asbestos occur) caused a low but epidemiologically detectable excess risk of mesothelioma," the ATSDR-DPH report observes.

It’s not surprising to see Lennar gloss over issues of liability, but it’s curious that Newsom and other top officials are so eager to push a proposal that would give Lennar control of Candlestick Point and perhaps result in a 49ers stadium on a federal Superfund site — without first demanding a full and public investigation of how the developers could have so miserably failed to enforce mandatory plans at Parcel A.

This fall the Newsom administration was peeved when the San Francisco Board of Education, which includes Newsom’s education advisor Hydra Mendoza, and the Youth Commission unanimously called for a temporary shutdown of Lennar’s Parcel A site until community health issues are addressed.

These demands were largely symbolic, since major grading at the site is complete, but the Mayor’s Office shot back with a Nov. 2 memo including the request that city department heads and commissions follow the example of the Hunters Point Shipyard Citizens Advisory Committee and the Bayview Project Area Committee, which have said they won’t hear further testimony on the dust issue "unless and until credible scientific evidence is presented to contradict the conclusions of the DPH, CDPH, UCSF and others that the construction dust at the Shipyard had not created a long-term or serious health risk."

Such complex points and counterpoints have been like dust in the air, preventing the public from getting a clear picture of what’s important or what’s happened at the site. But a careful review of the public record shows that, at the very least, Lennar has failed to live up to its promises.

PAPER TRAIL


As records obtained through a whistle-blower lawsuit’s discovery process show, Lennar employee McIntyre was reprimanded for e-mailing a group of Lennar subcontractors including Gordon N. Ball, Luster National, and Ghirardelli Associates and demanding that their traffic-control plan implementation be in place before Gordon Ball/Yerba Buena Engineering Joint Venture "begin using (oversize construction equipment) scrapers or articuutf8g trucks on Crisp Road."

In court depositions, Menaker, who became McIntyre’s supervisor in April 2006, claimed he "never told McIntyre that he should not raise issues related to what he perceived to be deficiencies in Gordon Ball’s dust control measures.

"Rather, I repeatedly advised him that management by e-mail would not accomplish the goal of improving Gordon Ball’s performance and that he needed to communicate with Gordon Ball and others on the project in a more effective fashion. As a result of my observations of his job performance and the feedback from others … on Aug. 1, 2006, we brought in other professionals to assist with duties initially assigned to McIntyre."

But public records reveal that things continued to go awry at the site, long after the bulk of McIntyre’s construction field-management duties were transferred to David Wilkins, an employee of Lennar subcontractor Luster National.

According to a report filed by the city’s Department of Health, on July 7, 2006, the DPH’s Amy Brownell drove to the Lennar trailers and informed McIntye that Lennar was in violation of Article 31, the city’s construction-dust ordinance, after she observed numerous trucks generating "a significant amount of dust that was then carried by the wind across the property line." She even observed a water truck on the haul road doing the same thing as it watered the road.

On Aug. 9 — eight days after McIntyre was relieved of his field-construction management duties and seven days after Lennar declared it could not verify any of its air district–mandated asbestos-monitoring data — Brownell drove to the Lennar trailers and spoke with McIntyre’s successor, Wilkins, about dust problems generated by hillside grading, haul trucks, and an excavator loading soil into articulated trucks.

"Every time [the excavator] dumped the soil into the trucks, it created a small cloud of visible dust that crossed the project site boundary. There was no attempt to control the generation of dust," Brownell observed in her Aug. 9, 2006, inspection notes.

On Sept. 21, seven weeks after McIntyre’s transfer, Brownell issued Lennar an amended notice of violation when it came to her attention that construction-dust monitors hadn’t been in place for the first two months of heavy grading.

On Dec. 8, 2006, five months after McIntyre’s reassignment, Lennar got slapped with another violation after DPH industrial hygienist Peter Wilsey observed on Nov. 30, 2006, that "dust from the work, particularly from the trucks on the haul road, was crossing the property boundary."

And on Aug. 17, a year after McIntyre left, the DPH issued Lennar its most recent violation for not controlling dust properly. But this time the notice included a 48-hour work suspension period to establish a dust-control plan monitor to be supervised by DPH staff, with costs billed to Lennar.

"The issuance of notices of violations shows the regulatory system is working," Brownell told the Guardian. "Dust control on a gigantic project like this is a continuous, everyday process that every single contractor has to do properly. That’s Lennar’s issue and problem. At DPH, we feel we have enough tools to do inspections, which Lennar gets billed for. And if they violate our requirements again, we’ll shut them down again. Or fine them."

So far, the DPH has not chosen to fine Lennar for any of its Parcel A dust violations.

"We considered it for this last violation but decided that shutting them down for two days was penalty enough," Brownell says, adding that while she’d "never just rely on air monitors, a monitor helps when you’re having problems with dust control, because then you can say, ‘Here’s scientific proof.’<0x2009>"

And scientific proof, in the form of monitoring data during the long, hot, and dusty summer of 2006, would likely have triggered numerous costly work slowdowns and stoppages. According to a memo marked "confidential" that the Guardian unearthed in the air district’s files, Lennar stated, "It costs approximately $40,000 a day to stop grading and construction" and "Gordon Ball would have to idle about 26 employees at the site, and employees tend to look for other work when the work is not consistent."

After Rev. Muhammad began to raise a storm about dust violations next to his nonprofit Muhammad University of Islam, Lennar Urban senior vice president Menaker accused him of being a "shakedown artist" when he refused an offer to temporarily relocate the school.

But Muhammad told the Guardian he refused the offer "because I didn’t want the school to be bounced around like a political football. And because I was concerned about the rest of the community."

Muhammad said he’s trying to sound the alarm about Lennar before it takes over all of Hunters and Candlestick points. As he told us, "This city is selling its birthright to a rogue company."

TRIGGER TIME


So what does the BAAQMD intend to do about Lennar’s enforcement record past, present, and future?

At an Oct. 29 hearing on asbestos dust, the BAAQMD Board of Directors unanimously instructed staff to pursue the maximum fines possible for Lennar’s Parcel A violations.

Air district staff tried to reassure the public that the "action levels" the BAAQMD set at the shipyard are health protective and provide a significant margin of safety.

Health impacts from unmonitored exposures, BAAQMD staffer Kelly Wee said, "are well within the guidelines," claiming a "one in three million" chance of developing asbestos-related diseases.

BAAQMD board member Sup. Chris Daly, who as a member of the Board of Supervisors voted July 31 to urge a temporary shutdown of Lennar’s Parcel A site, praised the air district for "moving forward with very conservative action levels.

"But these levels are political calls that are not necessarily scientific or health based," Daly added. "The initial violation, the one that, according to Lennar, CH2M Hill is responsible for, we don’t know what those levels of asbestos were, and that’s when the most significant grading occurred.

"The World Health Organization and [Occupational Safety and Health Administration] scientists are very clear that any level of exposure to asbestos comes with an increased health risk, and if you are already exposed to multiple sources, this becomes more serious," he said, referring to the freeways, power plants, sewage treatments plants, and substandard housing that blight the community, along with the area’s relatively high rate of smoking.

The BAAQMD’s Wee told the organization’s board that Lennar did not conduct proper oversight of its contractors and did not properly document the flow of air through its monitors but did discover and report its lapses in August 2006.

"Lennar exceeded the air district’s work shutdown level on at least 23 days in the post–Aug. 1, 2006, period, which is when the developer was monitoring asbestos dust," Wee observed, noting that the air district has two additional notices of violation pending against Lennar for 2007: one for overfilling dump trucks, the other for failing to maintain enough gravel on truck-wheel wash pads.

BAAQMD spokesperson Schkolnick later confirmed to the Guardian that the air district issued Lennar a notice of violation on Oct. 26 for failing to control naturally occurring asbestos at Parcel A, where grading is finished, but Lennar subcontractor Ranger is digging up the earth again to lay pipes.

"It’s time for the board to make sure the air district is as aggressive as possible to protect residents and sensitive receptors," Daly said. "Asbestos is carcinogenic. The state and federal government knows it. That was why there was an asbestos-dust mitigation plan. The air district asked for air monitoring because of the site’s proximity to a school. The air monitors were sold not just to the city but to the public as the major safeguards to the community, especially sensitive receptors, but during the most gigantic grading period and perhaps the most gigantic exposures, we don’t know what the levels of asbestos were."

Fellow BAAQMD board member Sup. Jake McGoldrick, who was a key swing vote against urging a Lennar work stoppage at the Board of Supervisors meeting in July, is now joining Daly in demanding full enforcement of the law.

"The July 31 resolution had no way to force Lennar or the SFRA to do anything," McGoldrick told the Guardian, explaining why he’s now taking a stronger stance. "It seemed that we’d reached the conclusion that the community didn’t want to shut down the project, since it included 31 percent affordable housing, and that the work was essential in terns of revitalizing the area and that the evidence presented seemed to show that everything is now under control."

But because the coalition of Lennar supporters — who didn’t mention they are on Lennar’s payroll until after the July 31 resolution failed — is now pushing a ballot measure to vastly expand Lennar’s control in our city, McGoldrick is demanding answers and accountability.

"We want to look into whether Lennar screwed up deliberately, and if so, fine them to the hilt," McGoldrick said. "But let’s get the project on Parcel A going, because the grading has been completed and it will be beneficial to the community."

McGoldrick claimed that in July he and Daly knew they had an air district hearing coming.

"And we knew where the strongest action could be taken in terms of sticking it to Lennar and showing them we won’t just be looking over your shoulder, we’ll be standing on it," McGoldrick told us.

"A fine means we have warned you — and we’ve got a gun to your head. It means if you don’t act properly, we can pull the trigger," McGoldrick said, noting that at the time of the July 31 vote the Parcel A grading was essentially done and no one could present any solid evidence that the public health had been harmed.

"So now the question is: did you or did you not do this? [A maximum fine of] $75,000 a day for 383 days, even if it’s not a lot of money to Lennar — it’s a lot of embarrassment," McGoldrick said.

But if Lennar tries to delay settling with the air district to avoid fines until after the June 2008 election, will its perceived unwillingness to face consequences backfire at the ballot box — and soil Newsom’s reputation as a great environmentalist in the process?

As McGoldrick observed, "Some of us are having serious second thoughts about going forward with Lennar. Our feeling is, you should sit down and cooperate with the air district and settle this thing with them. And you know darn well that we are standing there, ready to pull the trigger."

He framed the issue this way: "We’re saying to the Mayor’s Office, you guys have a responsibility [to ensure Lennar is accountable] before you give them another 350 acres — on top of the 63 acres they already have — just to save the mayor’s butt, since he blew it with the Olympics and the 49ers."

LENNAR BY THE NUMBERS

Number of days Lennar Corp. had been in violation of air district monitoring rules, according to the Sept. 6, 2006, citation: 383

Fine, per day, for vioutf8g the air district’s plan: $1,000–$75,000, depending on intent

Maximum fine Lennar faces: $28.7 million

Fine, per day, for vioutf8g the city’s construction-dust plan: $5,000

Number of cited violations of city’s construction-dust control plan: 5

Daily cost Lennar claims for stopping work at Parcel A: $40,000

Amount Lennar paid subcontractors for grading Parcel A: $19.5 million

Amount Lennar paid Sam Singer Associates for public relations work in 2005: $752,875

Amount Lennar paid CH2M Hill for environmental consulting work: $445,444

Parcel A acreage: 63

Acreage Lennar controls on Treasure Island: 508

Percentage of rental units promised at Treasure Island and Yerba Buena Island: 27

Number of rental units Lennar is building at Parcel A: 0

Acreage in the Bayview Jobs, Parks and Housing Initiative: 780

Number of rental or below-market-rate homes in Bayview initiative: Unknown

Lennar’s share price Nov. 26: $14.50 (a 52-week low)

Lennar’s stock’s 52-week high: $56.54

Feed our students well

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› news@sfbg.com

GREEN CITY Not long ago a green vegetable was a rare and startling sight on a lunch tray at a San Francisco school. Carnival-style food was the standard, with corn dogs as a regular entrée, packaged apple turnovers as the "fruit" course, and fried potatoes as the staple vegetable.

School lunches have come a long way since 2003, when San Francisco Unified School District parent volunteers, staff, students, public health professionals, and other community supporters joined together to begin creating the school district’s Wellness Policy. Lunches are fresher, tastier, healthier, and leaner, and the SFUSD’s "no empty calories" policy has been a role model in the nationwide effort to improve school food.

But even after all of those changes, a high school group recently surveyed more than 2,000 of their peers and learned that students still complain that school food doesn’t taste fresh and costs too much, and some question how nutritious it is.

So a growing movement argues it’s time to take the next step: the greening of school meals. Surely a food-savvy, health-conscious, environmentally aware city like San Francisco, which is located in one of the world’s most fertile agricultural regions, should be feeding its kids fresh, local organic produce at every meal.

But there’s an obstacle, and it’s green too. Government reimbursement for a free school lunch is just $2.71, nearly half of which goes to pay for labor. Other fixed overhead eats up another large chunk, leaving just about $1 to pay for the meal itself, including 34¢ for the required milk.

No wonder it’s hard to respond to requests for fresher, healthier food and more of it. New salad bars placed in three schools as part of a pilot program address these concerns, offering students mixed greens and raw vegetables, several kinds of fresh fruit, and whole grain breads and muffins, in addition to the hot entrée. When the first salad bar was created last year at Balboa High School, the average number of students eating its cafeteria lunch every day increased 26 percent, with virtually all of the new diners low-income students.

But that $1 per meal won’t cover a salad bar at every school, which is the SFUSD’s goal. The cost of just the equipment for a salad bar — the bar itself, added refrigeration and sinks, a couple more tables — can run more than $10,000 per school, depending on how much work needs to be done to reconfigure the lunch line. Organic produce drives the meal cost higher too.

Unfortunately, the SFUSD doesn’t have that money. Because it’s currently left to the school district to provide meals, the SFUSD must require that the Student Nutrition Department budget break even or else cut into classroom funds to cover the deficit.

The good news is that thanks to grants from the Department of Children, Youth and Their Families and Mayor Gavin Newsom, salad bars are being started in 25 SFUSD schools this year, stocked with seasonal, local produce. Still, despite this additional funding, only about 25 percent of district students will have access to the salad bars. Social justice demands that every student have equal access to a healthier school meal.

Most city officials and the greater community probably aren’t even aware of the situation. It’s time to put the need to feed our children adequately on the radar of the whole community and ask officials to step in with funding to ensure that our children can eat well without sacrificing classroom resources to cover the cost of their food. The Public Education Enrichment Fund, better known as Proposition H, provides a growing pot of city money aimed at improving the schools, and part of it could be used to fund the opening of more salad bars, so more school kids can enjoy the benefits of fresh produce and whole grains.

Providing the money to put salad bars in every school would pay off in healthier kids and related positive effects. Better nutrition is linked with higher academic achievement, improved behavior, and other benefits.

Let’s become a city that commits to teaching our children well, feeding them well, and promoting a greener food system. *

Paula Jones and Caroline Grannan are members of the SFUSD Student Nutrition and Physical Activity Committee.

Comments, ideas, and submissions for Green City, the Guardian‘s weekly environmental column, can be sent to news@sfbg.com.

Editor’s Notes

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› tredmond@sfbg.com

Asbestos is nasty stuff. It’s the scariest kind of environmental contaminant: you often can’t see it, you can’t smell it, you can’t taste it, it hangs around for a while, and it’s hard to get rid of. Asbestos fibers are tiny, invisible to the naked eye — and once they get in the air, they don’t tend to settle quickly. A single fiber can take eight hours to fall six feet in utterly still air; with the wind blowing, the stuff can float around for days or weeks. If you inhale it, you don’t typically notice, and there’s no easy test for exposure. But it sticks around in your lungs forever and can cause cancer and other deadly diseases 10 or 20 years down the road.

At that point, of course, it’s nearly impossible to prove exactly where and when you were exposed.

I learned all of this years ago when I was writing about asbestos contamination in the San Francisco public schools. For years the stuff was used as insulation (and as linings in automotive brake pads), and for good reason: it’s essentially a rock that you can weave into something resembling cloth. And because it’s a rock, it’s tough and doesn’t burn. Of course, when the insulation coverings get old, as they did in the schools, and the asbestos starts to leak out, you have a public health emergency of such major proportions that schools have to be shut down and lots of expensive, difficult remediation work done.

Now there’s another asbestos story in San Francisco, and it’s a more tricky one: Lennar Corp., which has the master redevelopment contract in Bayview–Hunters Point, has been digging up an area that’s full of naturally occurring asbestos. The area badly needs economic development, so it’s harsh to ban any type of construction there. And I think it’s possible to build safely in the area — but it’s complicated and expensive, and since there are residents (and schoolkids) nearby, there’s zero margin for error. You have to be willing (or forced) to watch every whiff of dust, to monitor the air with sophisticated equipment — and to shut down work the moment it appears that the dust isn’t being or can’t be controlled.

That doesn’t mesh well with a financially troubled company that is trying desperately to avoid costly construction delays.

As Sarah Phelan reports on page 16, a Lennar manager who was threatening to shut down work because subcontractors weren’t controlling asbestos-laden dust was fired and is now suing. The Bay Area Air Quality Management District is threatening multimillion-dollar fines. Yet Lennar is still complaining that any effort to shut down the site, even for short periods of time, would be unfair — because, the company says in a confidential memo, that would cost $40,000 a day.

This doesn’t sound like a company that can be trusted — yet Mayor Gavin Newsom now wants to give the outfit even more public land. A measure headed for the June 2008 ballot would allow Lennar to develop thousands of homes at Candlestick Point — and possibly build a new stadium for the 49ers. The stadium deal is pure political bullshit; Newsom doesn’t want to be accused of "losing" the local football team, so he’ll toss whatever public cash he can scrape up in the Niners’ direction. But the team wants to leave, the stadium does little for the neighborhood economy, and Lennar is going to keep cutting corners (and public safety) to improve its bottom line.

Sounds like a bad deal to me.

Remembering Harvey Milk Tonight

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One of the good things about email is that items often pop up that jog my memory. The latest example was the news flash just now from the Harvey Milk Club about its annual Harvey Milk Memorial Concert and Candelight March tonight, starting at 5:30 p.m. at Harvey Milk Plaza and marching to the site of his camera store down the street.

The news reminded me of the last words I heard Harvey say, a snapshot of his humor and his politics. Harvey came into the Guardian office on the Friday before Dan White assassinated him and Mayor Moscone in their City Hall offices on Monday, Nov. 27, 1978.

This was one of our regular City Hall update chats. The Guardian had been a critical early endorser and supporter of Harvey, and we supported his progressive and gay rights agenda as the strong innovative supervisor of his era. And so Harvey would come around and fill us in and tell us how he was faring.

On this Friday, he was a bit disconsolate. He was losing some friends and supporters on key votes. He was hoping Moscone would appoint a strong liberal supervisor to replace White as supervisor, who had resigned. He said there was so much to do and he was worried that he wouldn’t be able to do enough to fulfill the agenda that he had been elected to do. So he said, in wonderful Harvey Milkese, that he would keep on truckin’ but that he would also pay more attention to the Guardian in terms of keeping us informed and on top of his progressive agenda.

“I want to be your Deep Throat in City Hall,” he said.

I said we needed one, we shook hands, and Harvey headed off to City Hall. B3

PRESS Release: Harvey Milk Memorial March: TONIGHT Nov 27 5 PM

Harvey Milk Memorial Concert & Candlelight March on November 27 Remembering Harvey Milk and Celebrating His Life

The Harvey Milk Club invites you to join us for the annual Harvey Milk
Memorial March. This year, in addition to the candlelight march from Harvey Milk
Plaza to the site of Milk’s former camera shop down the street, there will
also be performances to celebrate his life. This occasion kicks off a year-long
series of events leading up to the 30th anniversary of Milk’s assassination
on November 27, 1978. The Harvey Milk LGBT Democratic Club was founded by
Harvey Milk, and renamed in his honor.

WHEN: Tuesday November 27th 5:30 PM
WHERE: Harvey Milk Plaza (corner of Castro & Market)

FEATURING:
Holly Near
SF Gay Men’s Chorus
Dance Brigade
Shawna Virago
Keith Hennessy
Melania DeMore

SPEAKERS:

Hon. Carole Migden
Hon. Mark Leno
Hon. Tom Ammiano
Cecilia Chung,Transgender Law Center
John Newsome, And Castro For All

– Presented by the Harvey Milk LGBT Democratic Club –
Krissy Keefer, Event Producer

www.milkclub.org

Nevius now attacks supes

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So C.W. Nevius, who doesn’t live in San Francisco and loves to whine about homeless people, has shifted his attack to the San Francisco supervisors. In a rambling and typically vitriolic column, he insists that the supes have wrecked Mayor Gavin Newsom’s efforts to clean up Golden Gate Park.

Here’s what really happened: Newsom, through Sup. Bevan Dufty, introduced a bill that would have further criminalized homelessness. Sup. Tom Ammiano asked the obvious questions: Is it fair to make camping in the park a crime if there’s noplace else for people to go? Shouldn’t there be some sort of link between available shelter and criminal penalties? Shouldn’t the city demonstrate that there are alternatives before arresting homeless people? And most important, will this sort of legislation actually work?

For doing his job, and not simply rubber-stamping the mayor’s bogus proposal, Ammiano gets slapped. That’s incisive journalism, Chuck. Go team.

IAPA in Venezuela: The international press advocacy group stresses deep concern over the climate of press freedom in Venezuela

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By Bruce B. Brugmann

CARACAS, Venezuela (Nov. 20, 2007) It was an amusing and telling moment in the history of freedom of the press.

On the morning of Monday, Nov. 19th, as the press mission of the Inter American Press Association (IAPA) started its 10th mission to Venezuela to check on President Hugo Chavez’s accelerating crackdown on the press, Chavez sent a message to the delegation:

It was a half page advertisement from the Venezuelan National Assembly, in the big morning Caracas daily paper El Universal, reprinting a copy of a congresswoman’s resolution urging the Executive Branch to declare IAPA “not welcome” in Venezuela. Click here to view the ad. This set the tone for our mission: The congresswoman refused IAPA’s invitation to meet with our delegation and no member of the three branches of the Venezuelan government and of the National Electoral Council agreed to meet with IAPA despite many contacts made in recent weeks from IAPA headquarters in Miami.

Nobody in the governement would meet with IAPA but Chavez, who was all over television and the newspapers for his trip to Iran and France, did send a Chavista group who called themselves Journalists for the Truth.
The president of the group told the IAPA mission that there was complete freedom of the press in Venezuela and then promptly told the press outside the meeting room that IAPA had been “duped in good faith by the reports prepared by the “opposition” Venezuela press. Gonzalo Marroquin, chairman of IAPA’s Commmittee on Freedom of the Press and Information, immediately retorted to the press that “it would seem that the journalists were at another meeting.” Gonzalo, director of Diario Prensa Libre in Guatemala, and a former television newsman, was widely interviewed on IAPA’s findings on radio and television.

The mission met with members of the Venezuelan Press Bloc, a constitutional attorney, representatives of a human rights group, polling experts, the mayor of Chicao, the head of the National Press Workers Union., and other civilian experts. The mission and its final press conference was widely covered in the Venezuelan press. There were no violent incidents nor any attempt to scare or demonstrate against the IAPA mission. B3

Click on the continue reading link to read the IAPA press release. Scroll down for the Spanish version.

An Appeal to Barack Obama

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“The Democrats have been stuck in the arguments of Vietnam, which means that either you’re a Scoop Jackson Democrat or you’re a Tom Hayden Democrat and you’re suspicious of any military action. And that’s just not my framework.” – Sen. Barack Obama.

Barack, I thought Hillary Clinton was known as the Great Triangulator, but you are learning well. The problem with setting up false polarities to position yourself in the “center”, however, is that it’s unproductive both politically and intellectually.

Politically, it is a mistake because there last time I looked there were a whole lot more “Tom Hayden Democrats” voting in the California primary and, I suspect, around the country, than “‘Scoop’ Jackson Democrats.” In fact, they are your greatest potential base, aside from African-American voters, in a multi-candidate primary.

More disturbing is what happens to the mind by setting up these polarities. To take a “centrist” position, one calculates the equal distance between two “extremes.” It doesn’t matter if one “extreme” is closer to the truth. All that matters is achieving the equidistance. This means the presumably “extreme” view is prevented from having a fair hearing, which would require abandoning the imaginary center. And it invites the “extreme” to become more “extreme” in order to pull the candidate’s thinking in a more progressive direction. The process of substantive thinking is corroded by the priority of political positioning.

I have been enthused by the crowds you draw, by the excitement you instill in my son and daughter-in-law, by the seeds of inspiration you plant in our seven-year old [biracial] kid. I love the alternative American narrative you weave on the stump, one in which once-radical social movements ultimately create a better America step by step. I very much respect your senior advisers like David Axelrod, who figured out a way to elect Harold Washington mayor of Chicago. You are a truly global figure in this age of globalization.

But as the months wear on, I see a problem of the potential being squandered. Hillary Clinton already occupies the political center. John Edwards holds the populist labor/left. And that leaves you with a transcendent vision in search of a constituency.

Your opposition to the Iraq War could have distinguished you, but it became more parsed than pronounced. All the nuance might please the New York Times’ Michael Gordon, who helped get us into this madness in the first place, but the slivers of difference appear too narrow for many voters to notice. Clinton’s plan, such as it is, amounts to six more years of thousands of American troops in Iraq [at least]. Your proposal is to remove combat troops by mid-2010, while leaving thousands of advisers trying to train a dysfunctional Iraqi army, and adding that you might re-invade to stave off ethnic genocide. Lately, you have said the mission of your residual American force would be more limited than the Clinton proposal. You would commit trainers, for example, only if the Iraqi government engages in reconciliation and abandons sectarian policing. You would not embed American trainers in the crossfire of combat. This nuancing avoids the tough and obvious question of what to do with the sectarian Frankenstein monster we have funded, armed and trained in the Baghdad Interior Ministry. The Jones Commission recently proposed “scrapping” the Iraqi police service. Do you agree? The Center for American Progress, directed by Bill Clinton’s former chief of staff, is urging that all US troops, including trainers, be redeployed this year. Why do you disagree? Lately you have taken advantage of Hillary Clinton’s hawkishness on Iran to oppose bombing that country without Congressional authorization. But you carefully decline to say whether you would support bombing Iran when and if the time comes.

This caution has a history:

– you were against the war in 2002 because it was a “dumb war”,
but you had to point out that you were not against all wars, without
exactly saying what wars you favored;

– then you visited Iraq for 36 hours and “could only marvel at
the ability of our government to essentially erect entire cities
within hostile territory”;

– then as the quagmire deepened, you cloaked yourself in the
bipartisan mantle of the Baker-Hamilton Study Group, which advocated
leaving thousands of American troops in Iraq to fight terrorism, train
the Iraqis until they “stand up”, and sundry other tasks of
occupation;

Perhaps your national security advisers are getting to you when it should be the other way around. Their expertise is not in the politics of primaries. If anything, they reject the of populist peace pressure influencing elite national security decisions. The result is a frustration towards all the Democratic candidates for what the Center for American Progress has recently called “strategic drift.” The political result is the danger of returning to John Kerry’s muffled message in 2004. The policy result may be a total security disaster for our country, draining our young soldiers’ blood and everyone’s taxes on the continuing degradation of our national honor in a war which cannot be won.

Just for the record, let me tell you my position on Iraq. I think the only alternative is to begin a global diplomatic peace offensive starting with a commitment to withdraw all our troops as rapidly as possible. That is the only way to engage the world, including the Iraqi factions, in doing something about containing the crises of refugees, reconciliation and reconstruction. It means negotiating with Iran rather than escautf8g to a broader war. If you want to “turn a new page”, it should not be about leaving the Sixties behind. It will be about leaving behind the superpower fantasies of both the neo-conservatives and your humanitarian hawks. And yes, it is to be “suspicious”, as Eisenhower and John Kennedy came to be suspicious, of the advice of any Wise Men or security experts who advocated the military occupation of Iraq. Is that position as extreme as your rhetoric assumes?

Your problem, if I may say so out loud, and with all respect, is that the deepest rationale for your running for president is the one that you dare not mention very much, which is that you are an African-American with the possibility of becoming president. The quiet implication of your centrism is that all races can live beyond the present divisions, in the higher reality above the dualities. You may be right. You see the problems Hillary Clinton encounters every time she implies that she wants to shatter all those glass ceilings and empower a woman, a product of the feminist movement, to be president? Same problem. So here’s my question: how can you say let’s “turn the page” and leave all those Sixties’ quarrels behind us if we dare not talk freely in public places about a black man or a woman being president? Doesn’t that reveal that on some very deep level that we are not yet ready to “turn the page”?

When you think about it, these should be wonderful choices, not forbidden topics. John Edwards can’t be left out either, for his dramatic and, once again, unstated role as yet another reformed white male southerner seeking America’s acceptance, like Carter, Clinton and Gore before him. Or Bill Richardson trying to surface the long-neglected national issues of Latinos. I think these all these underlying narratives, of blacks, women, white southerners and la raza – excuse me, Hispanic-Americans – are far more moving, engaging and electorally-important than the dry details of policy.

What I cannot understand is your apparent attempt to sever, or at least distance yourself, from the Sixties generation, though we remain your single greatest supporting constituency. I can understand, I suppose, your need to define yourself as a American rather than a black American, as if some people need to be reassured over and over. I don’t know if those people will vote for you.

You were ten years old when the Sixties ended, so it is the formative story of your childhood. The polarizations that you want to transcend today began with life-and-death issues that were imposed on us. No one chose to be “extreme” or “militant” as a lifestyle preference. It was an extreme situation that produced us. On one side were armed segregationists, on the other peaceful black youth. On one side were the destroyers of Vietnam, on the other were those who refused to
submit to orders. On the one side were those keeping women in inferior roles, on the other were those demanding an equal rights amendment. On one side were those injecting chemical poisons into our rivers, soils, air and blood streams, on the other were the defenders of the natural world. On one side were the perpetrators of big money politics, on the other were keepers of the plain democratic tradition. Does anyonebelieve those conflicts are behind us?

I can understand, in my old age, someone wanting to dissociate from the extremes to which some of us were driven by the times. That seems to be the ticket to legitimacy in the theater of the media and cultural gatekeepers. I went through a similar process in 1982 when I ran for the legislature, reassuring voters that I wasn’t “the angry young man that I used to be.” I won the election, and then the Republicans objected to my being seated anyway! Holding the idea that the opposites of the Sixties were equally extreme or morally equivalent is to risk denying where you came from and what made your opportunities possible. You surely understand that you are one of the finest descendants of the whole Sixties generation, not some hybrid formed by the clashing opposites of that time. We want to be proud of the role we may have played in all you have become, and not be considered baggage to be discarded on your ascent. You recognize this primal truth when you stand on the bridge in Selma, Alabama, basking in the glory of those who were there when you were three years old. But you can’t have it both ways, revering the Selma march while trying to “turn the page” on the past.

This brings me back to why you want to stand in the presumed center against the “Tom Hayden Democrats.” Are you are equally distant from the “George McGovern Democrats.”, and the “Jesse Jackson Democrats”? How about the “Martin Luther King Democrats”, the “Cesar Chavez Democrats”, the “Gloria Steinem Democrats”? Where does it end?

What about the “Bobby Kennedy Democrats”? I sat listening to you last year at an RFK human rights event in our capital. I was sitting behind Ethel Kennedy and several of her children, all of whom take more progressive stands than anyone currently leading the national Democratic Party. They were applauding you, supporting your candidacy, and trying to persuade me that you were not just another charismatic candidate but the one we have been waiting for.

Will you live up to the standard set by Bobby Kennedy in 1968? He who sat with Cesar Chavez at the breaking of the fast, he who enlisted civil rights and women activists in his crusade, who questioned the Gross National Product as immoral, who dialogued with people like myself about ending the war and poverty? Yes, Bobby appealed to cops and priests and Richard Daley too, but in 1968 he never distanced himself from the dispossessed, the farmworkers, the folksingers, the war resisters, nor the poets of the powerless. He walked among us.

The greatest gift you have been given by history is that as the elected tribune of a revived democracy, you could change America’s dismal role in the world. Because of what you so eloquently represent, you could convince the world to give America a new hearing, even a new respect. There are no plazas large enough for the crowds that would listen to your every word, wondering if you are the one the whole world is waiting for. They would not wait for long, of course. But they would passionately want to give you the space to reset the American direction.

What is the risk, after all? If “think globally, act locally” ever made any sense, this is the time, and you are the prophet. If you want to be mainstream, look to the forgotten mainstream. You don’t even have to leave the Democratic Party. It’s time to renew the best legacy of the Good Neighbor policy of Roosevelt before it dissolved into the Cold War, the Strangelove priesthood, the CIA coups in Iran and Guatemala, the sordid Bay of Pigs, the open graves of Vietnam. It’s time to renew the best legacy of the New Deal before it became Neo-Liberalism, and finally achieve the 1948 Democratic vision of national health care.

May you – and Hillary too – live up to the potential, the gift of the past, prepared for you in the dreams not only of our fathers, but of all those generations with hopes of not being forgotten.

Slow down the Laguna project

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EDITORIAL The 440-unit housing development slated for the Laguna Street site of the old UC Berkeley Extension campus is suddenly on the fast track. The Planning Department has calendared a vote on the project for Dec. 20 in what appears to be a desperate effort to get it approved before the end of the year. That may be in the interests of developer A.F. Evans, but it’s not in the interests of San Francisco, and the commissioners should be in no rush to go along.

This isn’t a typical commercial project: the land has been in the public sector for a century and has always been used for public projects. Until the 1950s it was home to San Francisco State University, and it became a UC campus in 1958. Turning public land over for private use should raise alarms anywhere, and in the middle of a dense city, where public land is scarce and affordable housing desperately needed, those alarms ought to be ringing loud and long.

In this case Evans has done a brilliant bit of political maneuvering: the market-rate housing project is paired with an 80-unit development that will be designed as retirement housing for queer seniors. That’s clearly something the city needs, and that aspect of the plan has won widespread support — and helped divert or eliminate opposition to the overall project.

But there are real issues here. For one thing, Evans plans to tear down two historic buildings (while saving three others). That was a compromise the Board of Supervisors accepted in August, but we still find it dubious. We also find dubious the notion that the developer will create public space by reopening a section of Waller Street — a public thoroughfare — that was part of the old campus.

The biggest problem, however, is the lack of affordable housing. Evans is planning to make 20 percent of the units available below market rate — but that’s a fairly small number considering that this is public land. Remember: at that ratio only 16 of the queer retirement apartments will be available to anyone who isn’t wealthy. While we agree that queer seniors of all income levels need this style of housing, which will feature community amenities and on-site services for the aging, 16 lower-cost units hardly seems like enough of a benefit to justify shifting 5.4 acres of public property into a private project. "How can the queer community settle for this, in San Francisco of all places?" queer housing activist Tommi Avicolli Mecca asks. "I think that we can do much better."

Evans is in a rush — and thus the Mayor’s Office and the City Planning Department are in a rush — because the developer’s contract with the university expires if the project isn’t approved by Jan. 1, 2008. Almost everyone involved agrees that the UC and Evans can easily reach terms on an extension, so there’s no real threat here. But it doesn’t matter — that’s not the city’s problem. San Francisco has a responsibility to ensure that big new projects serve the public interest; the developer’s deadline doesn’t trump that.

Sup. Ross Mirkarimi is asking that the affordable-housing component be increased to around 40 percent. That may take a little work: the UC, which wants to make as much money as possible off this, is charging Evans a stiff fee for the land. But with the proper pressure, including pressure on the UC from Assemblymember Mark Leno and state senator Carole Migden, a much higher ratio of low-cost housing ought to be possible.

It’s too early to approve what’s still a bad deal. The planning commissioners should turn it down, and if they don’t, the supervisors should demand more from Evans before allowing the property to go from public to private use. *

Why no Newsom?

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So it looks as if two former mayors — Willie Brown and Dianne Feinstein — are going to be the chairs of a campaign for a new 49ers stadium. It’s a bit odd, especially since the chief consultant to the current mayor, Gavin Newsom, is helping run the campaign … does Eric Jaye think Feinstein and Brown play better in the city right now than his main client, who just got re-elected with more than 70 percent of the vote?

Newsom’s hair and the oil spill

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Today’s Ammianoliner:

Was the mayor’s hair responsible for the oil spill? Newsom responds, “Don’t ask, don’t gel.”

(From the answering machine of Sup. Tom Ammiano on Thursday, Nov. l6, 2007.)

Postscript: As attentive Ammianoliner fans read yesterday on my blog, I quoted him as saying “Don’t ask, don’t tell.”

He called this morning with a crucial blog correction: The quote ought to read, he said, “Don’t ask, don’t gel.”

Thanks, Tom, Stay in close touch. B3

The Fillmore mess around

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› a&eletters@sfbg.com

San Francisco’s Fillmore District, Willie Brown once said, "had to be the closest thing to Harlem outside of New York." The Fillmore was in its golden era when the future mayor, then a teenager, arrived in 1951 from segregated Mineola, Texas. The 20 blocks that constitute the heart of the Fillmore then bustled with commerce and culture. It was a vibrant African American community, renowned for its nightlife.

People from throughout the Bay Area and around the world came to clubs such as Bop City (1690 Post), Jack’s Tavern (1931 Sutter), Elsie’s Breakfast Nook (1739 Fillmore), the Blue Mirror (935 Fillmore), and the Booker T. Washington Hotel’s cocktail lounge (1540 Fillmore) to see local attractions like Saunders King and Vernon Alley, as well as such national stars as Louis Armstrong, Louis Jordan, Slim Gaillard, Art Tatum, T-Bone Walker, Roy Milton, and Ruth Brown. It was not uncommon for audience members to bump shoulders with Duke Ellington, Billie Holiday, Robert Mitchum, Sammy Davis Jr., Dorothy Dandridge, and other visiting celebrities. Saxophonist John Handy remembers jamming with John Coltrane at Bop City, then going around the corner to Jackson’s Nook (1638 Buchanan) to share tea and conversation with the then-little-known musician, who was in town with Johnny Hodges’s band.

"Coltrane was quiet," onetime Bop City house pianist Frank Jackson recalls over a plate of short ribs at 1300 on Fillmore, a new upscale soul food restaurant two doors down from the new Yoshi’s San Francisco club. Willie Brown is dining a few tables away.

By the time Brown became mayor of San Francisco in 1996, the Fillmore was pretty much a ghost town and had been for some two and a half decades, the victim of a botched redevelopment plan. Small groups of aging African American men gathered on corners and in vacant lots that stretched for blocks, bringing folding chairs and tables to play dominos or poker.

In a letter to the editor of the San Francisco Chronicle about 20 years ago, an African American minister from the Fillmore who was opposing plans to revitalize the area’s nightlife claimed there had never been much of a jazz scene in the area. But those old men, as well as many musicians from the Fillmore’s heyday, knew better. Visual proof can be found in page after page of historic photographs collected by Elizabeth Pepin and Lewis Watts in Harlem of the West: The San Francisco Fillmore Jazz Era (Chronicle, 2006). Many also fill several walls in 1300 on Fillmore’s lounge. Some can be viewed in rotation on a screen above the bar and outside, on the Eddy Street side of the building, which also houses Yoshi’s, the Jazz Heritage Center, and 80 condominiums.

THE HOOD HEATS UP


"The Fillmore was hot," says trumpeter Allen Smith, who moved there from Stockton in the late ’40s. "You could hit two or three clubs in one block, each with a band. Racial prejudice was practically nonexistent. You gotta remember that blacks weren’t even welcome on the east side of Van Ness Avenue — but all the races could mix in the Fillmore. You could be out all hours of the night, partying with whomever you cared to, and you didn’t have to worry about anybody mugging you or bothering you. It was just very cool." The 82-year-old musician — who has played in the Benny Carter, Benny Goodman, and Gil Evans orchestras — will perform as a member of the Frank Jackson Quintet on Dec. 3 at the new Yoshi’s.

"There were a lot of after-hours clubs," says Jackson, also 82, a Texan who settled in the Fillmore with his family in 1942. "Bop City was about the most popular thing in this area. I was one of the house pianists. I would play different nights. We would all fill in for each other. If you got a better gig, you’d go and take it. There was always somebody that could take your place."

Bop City was owned by promoter Charles Sullivan, who in the 1950s and early ’60s was presenting such attractions as B.B. King, Bobby Bland, and Ike and Tina Turner at the Fillmore Auditorium before Bill Graham ever set eyes on the building. The after-hours club opened in 1949 and was originally called Vout City, with Slim Gaillard as host and attraction.

Famous for such songs as "Flat Foot Floogie," "Vout Oreenee," and "Popity Pop," Gaillard was a vocalist, multi-instrumentalist, and purveyor of jive talk. "He spoke several different languages and invented some of his own," says Jackson, who was a member of Gaillard’s band at Vout City. The eccentric Gaillard was as likely to bake a cake in the club’s kitchen and serve it to customers as he was to perform. After several months Sullivan let Gaillard go and hired Jimbo Edwards to run the room.

"Jimbo was a used-car salesman downtown or somewhere," Jackson says. "He knew absolutely nothing about jazz, but he got his jazz lessons right there with Bop City as his workshop. He got to know exactly what was going on and who was doing what and whether they were good at it."

Besides such then–resident musicians as Handy, Pony Poindexter, Dexter Gordon, and Teddy Edwards, Jackson remembers playing during his seven years at Bop City with many out-of-town talents, including Coltrane, Charlie Parker, Ben Webster, Frank Foster, Stuff Smith, Art Blakey, Chico Hamilton, and Philly Joe Jones. And he especially remembers the night his idol, pianist extraordinaire Art Tatum, came in to listen but not to play. "They gave him a seat right by the piano," Jackson says. "I did not wanna play. The place was packed. There were seven or eight piano players in the house, but nobody wanted to come up and play."

Edwards relocated the club to Fillmore Street in the mid-’60s, but it closed shortly thereafter. The action had shifted to Soulville at McAllister and Webster streets, where younger players like Dewey Redman and Pharoah Sanders jammed, and to the Half Note on Haight Street, where George Duke led a trio with vocalist Al Jarreau. And just down the street Handy’s explosive quintet with violinist Michael White appeared regularly at the Both/And, which also presented such touring artists as Betty Carter, Milt Jackson, Roland Kirk, and Archie Shepp.

"THEY TOOK AWAY THE MUSIC"


By the end of the ’60s, however, jazz was all but dead in the Western Addition. Only Jack’s, which had moved from Sutter Street to the corner of Fillmore and Geary in the building that is now the Boom Boom Room, survived into the ’70s. Some, like Handy, blame the decline of jazz on the popularity of rock, others on rising crime and the San Francisco Redevelopment Agency.

"To me, they just destroyed the area," Jackson says of the city agency. "They took away the music. They took away homes from people. They were in a hurry to get people out of their homes."

Allen Smith’s son Peter Fitzsimmons has long been active in efforts to bring jazz back to the Fillmore and currently runs the Jazz Heritage Center, which includes an art gallery, a screening room, and a gift shop. "There were a lot of variables in place that kinda brought down the jazz scene," he says. "The music trends went away from jazz into the big stadium-rock concerts. There were some black families moving out of the Fillmore, so there wasn’t as much nightlife. And it got a little more dangerous. Like in major cities everywhere else, destitute people, drugs, and other things came into the sociological picture.

"In the ’50s and early ’60s, Jimbo was there," Fitzsimmons adds. "He marshaled his club. It wasn’t a dangerous place. People were coming from all over the world to go to Jimbo’s." Fitzsimmons and a lot of other people are confident that jazz in the Fillmore will again rise to such heights. *

FRANK JACKSON

Dec. 3, 8 and 10 p.m., $16–$20

Yoshi’s

1330 Fillmore, SF

(415) 655-5600

www.yoshis.com

Why I voted for Josh Wolf

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› annalee@techsploitation.com

TECHSPLOITATION Last week’s mayoral election in my hometown of San Francisco was one of those weird moments that make you think you’re living in a Philip K. Dick novel, looking at hundreds of alternate futures peeling away from the present like little slivers of psychosis. It was a dismal election, in which the incumbent, conservative–for–San Francisco Gavin Newsom, was the only candidate who had any hope of winning. He was practically unopposed, but there was, technically, a cornucopia of candidates, spanning the gamut from qualified but unpopular to completely unqualified and silly, who were on the ballot running against him.

Things being what they are, the silly candidates got the most attention (albeit not most of the votes). Some guy named Chicken, known mostly for his participation in the art festival Burning Man, ran on a campaign pushing people to vote for him as their second choice, since San Francisco has ranked-choice voting. He definitely had great posters, given his connection to the arts community, but not much of a platform. Then there was the sex club owner Michael Powers, who ran on a platform I never quite understood. Powers does have one of the nicest sex clubs I’ve ever seen, called (appropriately enough) the Power Exchange, and I wondered briefly if that might qualify him to run the city. But in the end, he got the fewest votes. And Chicken did not come in anywhere near second.

As I said, there were a few candidates, like Quintin Mecke, with relevant experience, but none had big enough constituencies to pull off a win. So when it came time to fill in my ballot, I voted for a guy who isn’t a joke and has the kinds of political experience that might get him elected in 2035: Josh Wolf.

Media geeks may remember Wolf as the blogger who was sent to prison for refusing to identify for the police some protesters in video he posted of a political demonstration that turned violent. After he got out of prison he went on the Colbert Report, where he came across as well intentioned and with a burning passion for free speech. In the mayoral race, he ran on a platform that emphasized open democratic processes and a good wi-fi plan for the city. Nobody in his campaign thought he would win, and indeed he only garnered about 1,500 votes. But that’s saying something in an election with only 17 percent turnout.

So why didn’t I vote for somebody like Mecke, who had a good position on dealing with homelessness and had already done some work in city politics? Because, as I said, I felt like I was in this Dick novel looking into a zillion possible futures right there in the polling place. There were the sure-to-fail futures represented by good candidates with no hope of winning, and then there was the dark future of creepy joke candidates like Chicken, whose mockery of the voting process was probably part of why so few people turned out for the election. Why vote when running for mayor had been turned into a joke?

So I voted for the best possible future I could find, the future in which, eventually, smart young people who care about freedom of expression online become mature politicians who understand new technologies and the socioeconomic conditions associated with them. Maybe Wolf won’t grow into that politician, but somebody like him will. And that person will probably understand things like how to organize Internet access for low-income city residents and why entertainment companies shouldn’t be allowed to sue people for hundreds of thousands of dollars because they’ve been file-sharing. That person will also understand how easy it is to violate people’s privacy online and will push for regulations that prevent companies and governments from dipping into private digital data supplies.

Of course, the future in which we have politicians like Wolf may never happen. We can’t predict what will become of him, and we can’t know if digital natives will mature into progressives who care about access and privacy reforms. There’s always room for wired neocons and digital Puritans, whose intimate history with the Internet will make them particularly good at legisutf8g censorship purges and invasive data mining. That’s not the future I voted for, but I am always having to remind myself that’s the future I may get. *

Annalee Newitz is a surly media nerd who is living in an alternate future right now.

Green City: Solar solutions

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› amanda@sfbg.com

GREEN CITY When Berkeley mayor Tom Bates recently announced a creative city plan to financially assist homeowners who want to dress their roofs in solar panels, people across the Bay wondered if San Francisco could come up with something similar.

It’s happening. Sup. Gerardo Sandoval is working with the City Attorney’s Office on legislation to make solar panels more affordable for property owners. "The idea with my proposal is the city would use its very high credit rating to borrow money at almost zero cost," the District 11 supervisor said. That money would be turned over to citizens as low-interest loans to be paid back through a monthly assessment, similar to a property tax, with a very low interest rate. "It’s going to be a lot cheaper than what homeowners can do on their own."

A photovoltaic array for a typical home can cost the owner as much as $40,000, though state and federal incentives can reduce the cost by about $10,000. Systems are typically guaranteed by the manufacturers for 20 to 25 years, and the cost is recouped over time in reduced energy bills.

But the initial investment is high enough to discourage many would-be solar users. "The main challenge for many homeowners is the substantial upfront cost. It could easily cost you up to $50,000 to upgrade your home," Sandoval said of the bill for items like insulation, solar panels, and wind generators that can help modify a building to use less energy more efficiently.

Under this new financial program, the entire city would be declared a tax assessment district — similar to a Mello-Roos, or community benefit, district — with a resident opting in by deciding to buy solar panels. Both Berkeley and San Francisco are charter cities, which gives them the ability to tweak state laws, like the one that permits the creation of Mello-Roos districts, to meet local needs.

The plan to help private property owners has a number of public benefits. By generating most of their power on their roofs, homeowners will draw less juice from the grid, which is heavily dependent on fossil fuels (and is ultimately inefficient, as much energy is lost through transmission from distant power plants).

San Francisco is fast closing in on its 2012 deadline to reduce greenhouse gas emissions to 1990 levels, and a July Civil Grand Jury report found the city would have to triple its current reduction rate to meet that goal. Sandoval’s plan would help. According to a federal study, one kilowatt of solar electricity offsets about 217,000 pounds of carbon dioxide emissions per year. Additionally, the city is aiming to provide 31 megawatts of solar power capacity through Community Choice Aggregation, which Sandoval sees as part of his plan.

"Both programs are about organizing our city to get off the grid and get off fossil fuels," he said, adding that he hopes this financing model will expand to all renewable-energy and efficiency upgrades to homes and businesses.

The plan is still in its nascent stages, and a few administrative and legal questions remain.

It’s unclear which city department would administer the program, although San Francisco Public Utilities Commission spokesperson Tony Winnicker said, "We already have a framework to administer something like this," citing the management infrastructure of the city’s water and sewer systems. The Department of the Environment has also been suggested. Sandoval said, "There are a lot of different city agencies who see benefits of administering the program." He was clear that it should remain in the public sector, with the possible assistance of community-based nonprofits that understand the local needs of their neighborhoods.

Sandoval also sees his proposed program as a way to foster the right kind of industry in San Francisco. The volume of solar business could bring more manufacturing companies, and City College of San Francisco and other educational programs could partner with manufacturers to train consultants and installers.

Barry Cinnamon, CEO of Akeena Solar, a Los Gatos PV installer, expressed enthusiasm and support for the plan. "It’s really commendable that cities like San Francisco and Berkeley are trying to find ways to do this."

Sandoval hopes to see the program up and running within a year, and said, "If no one accuses me of conflict of interest, I’ll be among the first to sign up."

Supervisors approve campaign finance reforms

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On Nov. 6, while voters were casting their ballots, Sup. Chris Daly and a veto-proof supermajority of the Board of Supervisors approved four ordinances that seek to tighten loopholes in campaign finance law and increase the public financing that will be available to candidates running for at least six openings on the board in 2008.

"The impact of these changes is going to have significant reverberations," Daly told the Guardian. "If these changes had been in place during the 2006 election race, I would have had $200,000 more in public money available during my reelection race. And that’s always helpful. You can always influence an election with that kind of money."

As of 2008, circulators of initiative, recall, and referendum petitions will be required to display a badge stating whether they are volunteers or paid and to disclose on request the names of the proponents of the petition.

Also beginning in 2008, independent expenditure committees that pay for mass mailings to support or oppose candidates for city elective office will be required to file campaign disclosure reports with the Ethics Commission, as will those conducting or paying for push polls, which deceptively try to influence voters under the guise of gathering information. Push poll workers will also have to disclose their sponsor to those they call.

Equally significant for the 2008 election is the fact that the expenditure ceiling for supervisorial candidates receiving partial public financing will be raised to $140,000. Daly argued the current bar of $86,000 is on the "low side of the political spending cycle."

The new limits will allow serious candidates to have a budget of about $200,000, which, Daly said, "more accurately reflects the cost of running a significant campaign…. As we’ve just seen from the mayor’s race, it’s not just any candidate that can get partial public financing."

With the progressive balance of power on the board at stake in next year’s supervisorial races, it wasn’t surprising that Mayor Gavin Newsom’s top field marshal on the board, Sup. Sean Elsbernd, argued against raising the cap, claiming it would be "inappropriate" and "unethical" to do so given that three current supervisors could potentially benefit next year. Elsbernd suggested delaying such a raise until 2010.

Board president Aaron Peskin countered that "if this is good public policy, it should be passed on its own merits. At any time, members can be up for reelection, but actually the vast majority [of supervisors] are termed out."

In November 2008, Sups. Peskin, Jake McGoldrick, Tom Ammiano, and Geraldo Sandoval will be termed out, while Elsbernd and Ross Mirkarimi will be up for reelection. The election to replace suspended Sup. Ed Jew will also likely be held next year, depending on when and if he is permanently removed for his various ethical problems.

"It’s fair to say that partial public financing has severe limitations," Daly added, citing his 2006 reelection race, in which independent expenditure committees with ties to his challenger, Newsom ally Rob Black, spent "gobs of money" but didn’t declare them until the last minute, thus tricking Daly into limiting his expenditures to $86,000.

Daly said it doesn’t make sense "to subject dozens to a program that doesn’t work and has flaws because we fear three individuals may gain." But, he said, it is good for "three individuals to run with public financing on why they disagree with the incumbent, Sup. Sean Elsbernd’s, record. This is not necessarily good for incumbents, but I do think it’s good for democracy."

Fisher fails

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› news@sfbg.com

The crowd at El Rio, the Mission Street dive bar, was reaching capacity election night when Sup. Aaron Peskin climbed onto an unstable bar stool to announce a political victory that had been very much in doubt just a few weeks earlier.

“They said it could not be done. We drove a Hummer over Don Fisher!” Peskin said, referring to the Republican billionaire and downtown power broker who funded the fight against progressives in this election, as he has done repeatedly over the years.

Indeed, the big story of this election was the improbable triumph of environmentalists over car culture and grassroots activism over downtown’s money. The battleground was Muni reform measure Proposition A, which won handily, and the pro-parking Proposition H, which went down to resounding defeat.

It was, in some ways, exactly the sort of broad-based coalition building and community organizing that the progressives will need to help set the city’s agenda going into a year when control of the Board of Supervisors is up for grabs.

“I just felt it at El Rio — wow, people were jazzed,” said campaign consultant Jim Stearns, who directed the Yes on A–No on H campaign. “We brought in new energy and new people who will be the foot soldiers and field managers for the progressive supervisorial candidates in 2008.”

Maintaining the momentum won’t be simple: many of the people in El Rio that night will be on opposite sides next June, when Assemblymember Mark Leno challenges incumbent state senator Carole Migden, and they’ll have to put aside their differences just a few months later.

Downtown, while soundly defeated this time around, isn’t going to give up. And some parts of the winning coalition — Sup. Sean Elsbernd, for example, who helped with west-side voters, and the San Francisco Planning and Urban Research Association (SPUR), which helped bring more moderate voters into the fold — probably aren’t going to be on the progressive side in Nov. 2008.

But there’s no doubt the Yes on A–No on H campaign was a watershed moment. “I’ve never seen this kind of coalition between labor and environmentalists in the city,” Robert Haaland, a union activist who ran the field campaign, told us. “New relationships were built.”

During his victory speech, Peskin singled out the labor movement for high praise: “This would not have happened if it were not for our incredible brothers and sisters in the house of labor.” He also thanked the San Francisco Bicycle Coalition and environmental groups — and agreed that the labor-environmental alliance was significant and unique. “This is the first time in the seven years that I’ve been on the Board of Supervisors where I have seen a true coalition between labor and the environmentalists,” he said.

It’s not clear what we can expect in 2008 from Mayor Gavin Newsom, whom the latest results show finishing with more than 70 percent of the vote, better than some of his own consultants predicted. Newsom endorsed Yes on A–No on H, but he did nothing to support those stands, instead focusing on defeating Question Time proposition E, which narrowly failed.

Will Newsom continue to pay fealty to the biggest losers of this election, the San Francisco Chamber of Commerce and Fisher, who funded No on A–Yes on H and became this year’s antienvironmentalism poster child?

Or will Newsom — who has said little of substance about his plans for 2008 — step to the front of the transit-first parade and try to drive a wedge in the labor-environmentalist-progressive coalition that achieved this election’s biggest come-from-behind victory?

 

MONEY AND PEOPLE

The Yes on A–No on H campaign was a striking combination of good ground work by volunteers committed to alternative transportation and solid fundraising that allowed for many mailers and a sophisticated voter identification, outreach, and turnout effort.

“We worked the Muni a lot in the last days, particularly in areas where we thought there were a lot of young people,” Stearns said.

Polls commissioned by the Yes on A–No on H campaign showed that Prop. H, which would have deregulated parking and attracted more cars downtown, was winning by 54–39 percent as of Aug. 30. By Oct. 25 that lead had narrowed to 40–41 percent, a trend that gave the campaign hope that a big final push would produce a solid margin of victory, particularly given that more detailed polling questions showed support dropped fast once voters were educated on the real potential impacts of the measure.

Prop. A was much closer throughout the race, particularly given that both daily newspapers and left-leaning Sups. Gerardo Sandoval and Jake McGoldrick opposed it and even the Green Party couldn’t reach consensus on an endorsement.

“This could have meant a lot of arrows from a lot of directions,” Stearns said.

Campaign leaders Peskin, Haaland, and Stearns were so worried about Prop. A being defeated — and about not having the money for a big final telephone canvas in the final days — that they decided to make last-minute appeals for money.

“I’ve been a nervous wreck about this,” Haaland said of the campaign on election night.

On the evening of Nov. 3, he placed an anxious call to Peskin, suggesting that the latter make an appeal for money to Clint Reilly, a real estate investor who has often helped fund progressive efforts.

Peskin agreed and asked Stearns to help him make the pitch — and the two men drove to Reilly’s Seacliff home at 10 p.m. on Nov. 3.

“Prop. A just struck me as a nice, decent, positive message,” Reilly told the Guardian at the election night party, which he attended with his wife, Janet Reilly, a former State Assembly candidate.

Sharing Peskin and the campaign’s concerns that Prop. A was in trouble, Reilly cut a check for $15,000, which was enough to keep the phone banks going and help give the measure a narrow margin of victory.

But the money alone wasn’t enough for this mostly volunteer-run campaign.

“The push we made on the last five days of this campaign was just incredible,” campaign manager Natasha Marsh told us. “We had close to 500 volunteers on that last four days.”

 

A DIFFERENT CITY

The campaign also developed an extensive list of potentially supportive absentee voters — fully half of them Chinese speaking — who were then contacted with targeted messages.

Rosa Vong-Chie, who coordinated the voter outreach effort, said the messages about climate change, clean air, and Fisher’s involvement worked well with English-language voters. Chinese speakers didn’t care as much about Fisher, so campaign workers talked to them about improving Muni service.

The absentee-voter drive (and the push among Chinese-language voters) was unusual for a progressive campaign — and the fact that Prop. A did so well among typically conservative absentee voters was a testament to the effort’s effectiveness.

Elsbernd, one of the most conservative members of the Board of Supervisors, crossed many of his political allies to support the Yes on A–No on H campaign, and his involvement helped win over west-side voters and demonstrated that environmentalism and support for transit shouldn’t be just progressive positions.

“It’s great for public transit riders. It reinforces that this is a transit-first city…. Public transit is not an east-side issue,” Elsbernd told us, adding that the election was also a victory for political honesty. “It shows that people saw through the campaign rhetoric.”

The Fisher-funded rhetoric relied on simplistic appeals to drivers’ desire for more parking and used deceptive antigovernment appeals, trying to capitalize on what he clearly thought was widespread disdain for the Board of Supervisors.

“The attacks against the board didn’t work,” Peskin said, noting that in election after election the supervisors have shown that they “have much longer coattails than the chief executive of San Francisco.”

“I think it’s a pretty thorough rejection of Don Fisher’s agenda. He was not able to fool the voters,” said Tom Radulovich, director of Livable City and a BART director, who was active in the campaign. “This was about transit and what’s best for downtown. We should be very proud as a city.”

 

NOW WHAT?

The day after the El Rio party, at the monthly Car Free Happy Hour — a gathering of alternative-transportation activists and planners — there was excited talk of the previous night’s electoral triumph, but it quickly turned to the question of what’s next.

After all, progressives proved they could win in a low-turnout election against a poll-tested, attractive-sounding, and well-funded campaign. And given that the number of signatures needed to qualify an initiative for the ballot is a percentage of the voters in the last mayor’s race, it suddenly seems easy to meet that standard.

Some of the ideas floated by the group include banning cars on a portion of Market Street, having voters endorse bus rapid-transit plans and other mechanisms for moving transit quicker, levying taxes on parking and other auto-related activities to better fund Muni, and exempting bike, transit, and pedestrian projects from detailed and costly environmental studies (known as level of service, or LOS, reform to transportation planners).

“There’s a lot of potential to move this forward,” Haaland said later. “We can talk about creating a real transit-justice coalition.”

There’s also a downside to the low turnout: downtown can more easily place measures on the ballot or launch recall drives against sitting supervisors, which would force progressives to spend time and money playing defense.

But overall, for an election that could have been a total train wreck for progressives, the high-profile victory and the new coalitions suggest that the movement is alive and well, despite Newsom’s reelection.

This oil spill — and the next

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EDITORIAL The first headline the San Francisco Chronicle ran after the Cosco Busan crashed into a Bay Bridge protective fender Nov. 7 implied that nothing terrible had happened. It read, almost comically, "CRUNCH!" Initial reports suggested that only a few hundred gallons of fuel oil had spilled from the gash in the 810-foot freighter’s hull. Caltrans assured the public that the system had worked: the fender had absorbed the blow, the bridge had suffered no damage, and motorists had no cause for concern.

It wasn’t until much later in the day that the public learned just how big an ecological disaster was unfolding in the bay. And the most disturbing evidence is only now becoming clear: this was an accident waiting to happen. The regulations and processes in place to prevent a catastrophic oil spill in the bay — where thousands of ships with tanks carrying foul and toxic fuel oil sail through a fragile ecosystem every year — were, and are, tragically inadequate.

Just look at the record so far:

•The Coast Guard’s Vehicle Traffic Service on Yerba Buena Island, which has extensive radar and electronic tracking devices, was clearly aware that the container ship was heading for a collision — but was unable to stop it.

The fog was thick, and the ship, which had just made a wide S turn out of the Port of Oakland, was far from the center of the 1,200-foot-wide channel under the bridge. The Coast Guard could hardly have missed what was going on.

In fact, according to news reports, a VTS staffer radioed the bar pilot at the helm of the ship minutes before the crash and warned him that he was on an errant course. "Your [compass] heading is 235. What are your intentions?" the VTS staffer asked (essentially saying, in nautical-radio speak, "What the hell are you doing?"). The pilot, John Cota, insisted he was heading right for the center of the span and not to worry, his lawyer told reporters.

Imagine, for a moment, what would happen if air traffic controllers at San Francisco International Airport saw a commercial jet flying off course in zero-visibility fog and heading for the top of San Bruno Mountain. The controllers wouldn’t ask the captain what his intentions were; they would announce an imminent crash and order him to immediately increase altitude, change course … whatever was necessary. The captain wouldn’t argue that his or her instruments said everything was fine; the airliner would change course at once and sort out the question of instrument accuracy after it was out of harm’s way.

But traffic regulators on the bay operate under different rules. Even a minor course change would have prevented the accident — but according to VTS rules posted on the Web, the Coast Guard has no authority (other than in times of national-security alerts) to directly order preventative action. Under centuries-old rules of the sea, the captain of a ship is in total control and can’t be told what to do, even if a disaster is looming — and modern safety regulations haven’t caught up to that tradition.

•The ship was sailing under terrible conditions, with almost zero visibility, and even some bay captains say running a 70,000-ton vessel in an area like this in fog that thick is a bad idea. But the shipping companies have so much money on the line that nobody wants to slow down the schedules.

•It’s no secret where the fuel tanks are in a ship like this. The moment the ship took a gash that size in the hull, the authorities should have assumed that a sizable and extremely dangerous spill was in the works and begun immediate emergency containment procedures. But somehow just about everyone seemed to believe the initial reports that the crew of the ship had transferred the fuel away from the hole and only a trivial amount had escaped.

Remember, we’re talking about a rip of 100 feet, one-eighth the length of the ship, right in the part of the hull where half a million gallons of nasty bunker fuel were stored. Emergency responders should have known a spill was inevitable and gone into action right away.

Yet hours passed. No public warning was issued. Bay swimmers continued to take their morning natations — and some came back covered with oil. Nobody knew what was going on.

•The day after the spill, when it was clear an ecological disaster was happening in the bay, San Francisco mayor Gavin Newsom split town and went on vacation.

•So far, the taxpayers are picking up the tab for the cleanup — and in the end, it may prove difficult to get the owner of the ship to pay, even if faulty navigation equipment on the Cosco Busan was at least partly the cause of the spill. The companies that own these big ships use layers of dummy corporations, legal tricks, and secretive contracts to protect them from liability. In this case, the Chronicle has reported, the Cosco Busan is a Chinese vessel owned by either a company in Cyprus or one in Hong Kong and managed by a separate Hong Kong outfit. It’s going to take years to get to the bottom of who should pay for this mess.

Meanwhile, the crab-fishing industry is out of business, and the economic impact will be dramatic.

There are obvious lessons here — and the first is that the public and all of the regulatory and response agencies at every level of government have to stop taking a nonchalant, hands-off attitude toward the ships that represent an ecological time bomb in the bay.

Shipping is part of the lifeblood of the local economy, and everyone who lives in the Bay Area has to live with the fact that giant steel vessels loaded with toxic fluids are going to be passing through a diverse and easily damaged ecosystem every day of every year for the foreseeable future. But there’s a lot that can be done to make it safer.

For starters, the VTS ought to have the mandate and the authority to regulate shipping traffic in the same way that air traffic controllers regulate planes. Among other things, the service should keep ships in port when the fog is that thick and conditions aren’t safe. Sen. Dianne Feinstein is mad about the spill response, and that’s fine — but she and her Bay Area congressional colleagues ought to push for legislation that would allow the Coast Guard to ensure this doesn’t happen again.

There’s a desperate need for a bay spill early-warning system, something that could go into effect the moment there’s a possibility of oil fouling the water — and get containment crews on hand quickly and let the public know the hazards. That’s something the State Legislature should move on immediately.

Perhaps Congress should mandate that ships passing through US coastal waters post an accident bond to ensure they don’t escape liability for disasters. But for now, the federal government needs to seize the Cosco Busan, impound its cargo, and make it clear that nothing is going anywhere until the bill for this catastrophe is settled.

And the state and federal governments need to compensate the crab fishers — and then collect the money from the ship’s owners to cover those costs.

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