Mayor

Will Newsom have a legacy?

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Over the past four years Mayor Gavin Newsom has enjoyed high poll ratings, but he has been unable to deliver any signature piece of legislation. His most celebrated actions were symbolic: marrying same-sex couples and walking the picket line with the striking hotel workers.

With only months to go before he is up for reelection, Newsom is hoping free wi-fi will be that signature bill. But unless he quickly changes his tactics, his legislation will go up in flames.

From the moment Newsom announced his wi-fi vision, the supervisors have been asking for input into the deal. At every meeting, the mayor’s representatives have dodged or stalled. The Board of Supervisors asked Newsom’s negotiators not to present it with a take-it-or-leave-it deal; the mayor’s staffers did just that. So it’s no surprise that the board seems hesitant to give the contract the benefit of the doubt. Newsom has responded by lambasting the board as "obstructionist" rather than by working with the supervisors to address their concerns.

Although there are good points to the proposal, there are also problems.

• Service will be slow.

• There’s no enforceable guarantee the network will cover the parts of the city that need it the most.

• The contract is effectively a monopoly, and it’s long. We’re likely to be stuck with this contract for 16 years.

• Penetration into apartment buildings and above second floors will be virtually nonexistent without the purchase of expensive extra equipment.

These are all legitimate public policy reasons to question the mayor’s proposal. But instead of working with the supervisors, he trashes them to every group and editorial board that will listen.

The board is exploring another possibility that the mayor should look at instead of his current effort: municipal wi-fi. Although the mayor has rejected that avenue, there are strong public-policy reasons for pursuing such a strategy.

Unfortunately, the people who will suffer the most from the mayor’s refusal to deal with the board are those who need a city network the most: schoolkids who can’t get online to do their homework; unemployed folks looking for a job; non-English speakers seeking city information; and anyone who needs free training or support.

Wi-fi, of course, is only one of the issues on which Newsom has given the board the finger. His repeated veto of foot patrols showed more loyalty to the Police Officers Association than to the needs of residents of high-crime areas. His continued refusal to consider a Saturday road closure trial in Golden Gate Park doesn’t serve anyone other than a few wealthy donors. The voters even went so far as to pass Proposition I, which demanded that Newsom meet with the board. The mayor has responded with highly managed events at which the supervisors cannot appear as a group.

Instead of trying to ram through a flawed wi-fi deal, the real legacy Newsom could create — one that would truly benefit us all — is that of a strong working relationship with the Board of Supervisors. *

Sasha Magee

Sasha Magee is a San Francisco activist who writes at LeftinSF.com.

Dust still settling

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› sarah@sfbg.com

A racially charged lawsuit by a trio of Lennar Corp. employees accuses the developer of exploiting and endangering Bayview–Hunters Point residents. It also offers an inside look at how the company responded to an asbestos dust scandal first reported by the Guardian ("The Corporation That Ate San Francisco," 3/14/07) and raises questions about Mayor Gavin Newsom’s plan to give Lennar more control over the toxic Hunters Point Shipyard.

The suit was filed by three prominent African American community members — Clementine Clarke, Gary McIntyre, and Ceola Richardson — whom Lennar, a Florida-based megadeveloper, hired as liaisons to the community and its subcontractors. They are represented by attorney Angela Alioto, a former supervisor and mayoral candidate. The lawsuit alleges racial discrimination and harassment (mostly by local Lennar vice president Paul Menaker), retaliation for whistle-blowing, failure to prevent discrimination and harassment, and intentional infliction of emotional distress.

The plaintiffs allege that Menaker, who is white, made disparaging comments about African American workers and community members. "Menaker frequently yells at Plaintiff and other African-American employees, but does not yell at non African-Americans," alleges the lawsuit, which also accuses Menaker of delaying payments to African American clients but not to those of other races.

The plaintiffs also claim that after Minister Christopher Muhammed of the Muhammed University of Islam, which sits adjacent to the Parcel A site where Lennar is working and was exposed to dust from the project, brought his students to Redevelopment Agency meetings and asked that construction cease until the school was permanently relocated, Menaker referred to him as a "shakedown artist."

Perhaps of greater concern to the public are the lawsuit’s allegations that Lennar executives ignored McIntyre’s warnings that Lennar subcontractor Gordon Ball was neglecting to control dust at the site and that Lennar employees were ordered to maintain a "code of silence" about subcontractor CH2M Hill’s failure to monitor asbestos, for which Lennar was cited by local and state officials. McIntyre claims that after blowing the whistle on Gordon Ball, he was demoted and denied further information on how the company was handling dust, even as he was expected to tell the community that Lennar was taking all the necessary steps to protect public health.

Lennar spokesperson Sam Singer told the Guardian the lawsuit contains "numerous false allegations" — then pointed the finger at McIntyre.

"Gary McIntyre was in charge of overseeing contracts," Singer told us. "It was on his watch when incidents of dust occurred, and members of the black community called up and complained and demanded that he be replaced. Were there some violations? Yes. Were they disastrous? No. People in the community didn’t want Gary in that position. Numerous dust mitigation workshops were held by Lennar and Arc Ecology, and in September we held a special meeting to discuss the violations."

Clarke, a Newsom-appointed fire commissioner and Lennar’s community benefits manager, told us she felt "stuck between a rock and a hard place" when Menaker told her and McIntyre not to mention the asbestos dust monitoring had been botched. By then, Clarke recalled, McIntyre had already been demoted for criticizing subcontractor Gordon Ball.

"Gary had been complaining to Paul Menaker that the leadership at Gordon Ball was not following the dust control policy," Clarke said. "Gary was constantly trying to get Gordon Ball to do what was right. After Gary was demoted, he was placed on Porta-Potty and Baker Tank duty."

"It was done to make me quit," McIntyre told us of his demotion. "Before that, I was told that I need to back off subcontractor Gordon Ball, then I was deliberately taken out of the loop."

The allegations cast a new light on Lennar’s claims to us that it volunteered the information about the faulty asbestos monitoring, suggesting the company might have been concerned about McIntyre blowing the whistle to city officials who were already asking questions about dust and asbestos levels.

The day after McIntyre’s Aug. 1, 2006, demotion, Menaker told Clarke and McIntyre the asbestos monitoring data could not be verified.

"I would have liked to see a report from CH2M Hill on what exactly happened," McIntyre told us. "First I heard it was record falsification, then human error, then a problem employee, then battery malfunction. I complained to my manager, Paul Menaker, but I never saw a report."

Clarke and McIntyre said Lennar’s code of silence left them in an awkward position within their community.

"When the community was asking, ‘What’s up with asbestos and dust?’ Gary was to go out and explain," Clarke told us. "So when Gary was taken off the project but his name was kept in the community as project manager, I said, ‘Y’all have cut this man’s testicles off by taking him off this site.’ "

"How can you go out and talk to the community about dust if you’re not in the loop?" McIntyre asked us. "But it wasn’t just a code of silence. It was also that we were blind and deaf, since we couldn’t see reports or attend meetings."

All three say they began to feel like Lennar was hurting their community.

"To me," McIntyre told us, "Minister Muhammed represents the African American community. When I looked his schoolkids in the eye, I thought these kids are thinking that I’m the one who is doing this to them."

Things came to a head for McIntyre at Newsom’s Feb. 10 town hall meeting in Bayview.

Observing that Lennar had been issued with notices of violation and that public health concerns had been raised, Newsom asked, "Is someone from Lennar here to secure my confidence?"

"I waited for Kofi [Bonner, president of Lennar Urban] and Paul to say something, but they didn’t even show up," McIntyre recalled. "So I took the mic, looked the minister in the eyes, and said, ‘We have carried out an investigation, placed additional monitors in the community. We’re trying to keep you and the San Francisco Redevelopment Agency up to date.’ "

When someone in the town hall audience accused Lennar of "harming a community that’s already been harmed," McIntyre said. "We’re taking the most aggressive steps we could."

But inside he felt that he had been made into Lennar’s scapegoat. "I wouldn’t have taken this job if I’d known," McIntyre said.

Clarke agreed. "All you’ve got is your name. The corporation tried to take all that away. At least now I can sleep at night."

Six days after the meeting, Newsom proposed accelerating the transfer of the shipyard from the Navy to the city and Lennar in order to facilitate construction of a new stadium for the 49ers. Newsom’s spokespeople did not return calls for comment. *

Housing poor people one press release at a time

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By G.W. Schulz

The mayor has threatened a few times now to do something about the city’s aging public housing stock, mostly via press release. He’s at it again, via press release, of course.

We wrote two weeks ago that due to federal funding cuts, public housing residents are already experiencing increased security risks like robbery and assault at some of the developments around town. At this point, much has been said about the otherwise deplorable living conditions public housing residents already face here, from mildew to perpetually broken appliances, without having to worry about robbers armed with hammers and knives.

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Plaza East development before 2001 reconstruction

California Sunshine

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by Amanda Witherell

ca sunshine.jpg
thanks for the photo, from “brighter than sunshine” on flickr

How awesome would it be if every time the Mayor’s office violated the Sunshine Ordinance, which it’s doing now, they got slapped with a fine or jail time like they do down in Florida. That’s right: if San Francisco amended the ordinance and granted its governing task force the right to levy fines and penalties, Gavin would have to shift some of the coin from his personal bank account into the City’s general fund for every day he continues to ignore citizen requests for information from his office. At the rate he’s going, maybe we’d have enough to fund that free MUNI he’s proposed!

A half-century of lies

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View pictures of Leola King’s legendary Blue Mirror club here.

Leola King has lived your life, the lives of three friends and then some.

She’s traveled to Africa with the legendary entertainer, Josephine Baker. She’s featured jazz great Louis Armstrong at a popular Fillmore nightclub she helmed in the 1950s called the Blue Mirror, where she also once convinced a roomful of patrons to drink sweet champagne from the heel of her shoe.

She’s played host to the crusading television journalist Edward R. Murrow.

She’s even had a fling with championship boxer Joe Louis. From the ring at Madison Square Garden, he glanced toward her front-row seat, which she’d secured by chance during her first trip to New York, and had his lackeys retrieve her for a date afterward. Their rendezvous appeared as a gossip item in an Ohio paper and remains in its archives today.

Most of all, Leola King has come as close as anyone possibly can to experiencing bureaucratic hell on earth. For half a century, she’s been fighting with the San Francisco Redevelopment Agency, which has taken four pieces of her property, wiped out a restaurant and two nightclubs she owned, and left her with a string of broken promises.

Her story is evidence that the ugly local chapter of Western Addition redevelopment history still isn’t over – and it’s a demonstration of why so many African Americans in this town will never trust the Redevelopment Agency.

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Beginning in the 1940s, King successfully operated a series of restaurants and nightclubs in the city, remarkable enough in an era that imposed a double-paned glass ceiling on black, female entrepreneurs.

“Back when I first moved onto Fillmore, it was very popular,” King told the Guardian. “Market Street didn’t have shit. They didn’t have traffic. They didn’t have nothing on Market Street.”

During the height of King’s accomplishments, the Redevelopment Agency infamously launched an ambitious project to clear out “blight” in the neighborhood. It was part of a nationwide urban-renewal trend, and while the project here still won’t be finished until 2009, it’s widely regarded as one of America’s worst urban-planning disasters.

In theory, Western Addition residents who were forced to give up their homes or businesses were given a “certificate of preference,” a promise that when the sometimes decaying buildings were turned to kindling and new ones built, the former occupants could return.

In practice, it didn’t work out that way. An estimated 5,500 certificates were issued to families and business owners shortly before the second phase of Western Addition redevelopment began in 1964. Some 5,000 families were dislodged and many of them fled to other sectors of the city (including Bayview-Hunter’s Point, which is today slated for its own redevelopment), or outside of the Bay Area completely.

Only a fraction of the certificates have benefited anyone. The agency has lost contact information for more than half of the holders, and redevelopment commissioners now openly admit the program is a joke.

“If we’re going to boast about being this diverse community in San Francisco, and we’re going to allow our African American population to become extinct, then how can we show our faces in government if we’re not really doing anything about it?” asked London Breed, a redevelopment commissioner appointed by Gavin Newsom in 2005. “And not just putting black people in low-income housing. There [are] a lot of middle-class African Americans all across America, specifically in the East Bay and in other places. Why do they choose to live in the East Bay over San Francisco?”

A renewed interest in the certificates by City Hall led to hearings this month, and District 5 Sup. Ross Mirkarimi has planned another for April.

King obtained two certificates, and attempts to later redeem them both devolved into costly legal wrangling with the agency that lasted more than two decades. She has never regained what she lost.

Leola King’s story is about more than certificates of preference. It’s a story about the troubling legacy of urban renewal.

King welcomes guests into her home on Eddy Street near Fillmore with ease. The living room in what is little more than a two-bedroom converted garage apartment swells unimaginably with antiques – three stuffed chairs with vinyl slips, crystal chandeliers, an ornate dining-room table, lamps, a fur throw.

She insists that she’s just 39 years old, but public records put her closer to 84.

When the Guardian first visited with her in person, she was dressed in black cotton leisure attire. Two chestnut braids cascaded from a gray Kangol-style cap, which she smoothed with her hands as they hugged a pair of light-skinned cherub cheeks.

King made her way west after spending her earliest years behind the barbed wire of a Cherokee reservation in Haskell, Ok. Her mother died when King was young, and her restless father had meandered off to Los Angeles. Her grandparents oversaw her adolescence before she trailed after her father to California, where he was establishing a chain of barbecue restaurants. She married a man at just 14, and a year later, she was a mother. Tony Tyler, her son, is a San Francisco tour guide today and remains a close confidant and business partner.

It was 1946 when she first landed in San Francisco and eventually started her own barbecue pit at 1601 Geary St., near Buchanan, historic building inspection records show. She called it Oklahoma King’s, and hungry San Franciscans were lured to the smell of exotic buffalo, deer and quail meats.

“That end of Fillmore was very popular all the way down until you got almost to Pacific [Avenue],” she said. “Heavily populated. There was at one time in that area of Fillmore over 100 bars alone. Lots of hamburger places. That’s where I had the barbecue pit.”

By 1949, however, Congress had made urban renewal federal law with the goal of leveling slums and deleting general “blight,” still the most popular and awkwardly defined threshold for determining where the government can clear homes and businesses using eminent domain.

The first redevelopment zone in the Western Addition, known as A-1, included Oklahoma King’s. She was paid approximately $25,000 for the property, but offered no relocation assistance or other compensation for the revenue she lost as a result of ceasing her day-to-day business.

Forging ahead, she opened in 1953 what became a hub of jazz and blues entertainment in the Fillmore, the Blue Mirror, at 935 Fillmore Street. The place was decorated with brass Greek figurines on the walls, a circular bar and velvet festoons. King spent a year hopping onto buses full of tourists and begging the driver to drop them by her nightclub for a drink. Before long, her brassy personality had attracted world-class performers, each of them adding electricity to the club’s reputation.

“She was the type of woman who knew how to handle people,” a Blue Mirror regular later said in the 2006 collection of Fillmore jazz-era photography, Harlem of the West. “She could talk to the pimps and hustlers. She didn’t play around, and they knew how to conduct themselves in her club.”

A musician who formerly worked there told the Guardian the Blue Mirror was one of the few places on Fillmore that actually provided live entertainment at that time. Bobbie Webb backed up B.B. King, Little Willie John, T-Bone Walker and others as a young saxophonist at the Blue Mirror with his band the Rhythm Rockers. He said the other establishments nearby on Fillmore were mostly bars except for headlining auditoriums where mainstream acts like James Brown and the Temptations performed. Smaller venues abounded up the street on Divisadero, he said, save mostly for King’s Blue Mirror and the Booker T. Washington Hotel.

“[King] didn’t only have a personality” said Webb, who now airs a show Tuesdays on 89.5 KPOO, “she was a beautiful lady. Personality just spoke for itself. All she had to do was stand there.”

But like virtually everyone in the neighborhood at that time, King rented the place where the Blue Mirror operated. Redevelopment again reached her business in the early 1960s. State booze enforcers, she says, claimed to have witnessed a bartender serving alcohol to a minor and her liquor license was taken away. When the Redevelopment Agency showed up shortly thereafter to sweep the block away, she was ejected without compensation because she wasn’t at that time technically in business.

Two more commercial and residential properties she owned on Post and Webster streets respectively were also eventually taken under redevelopment.

She pressed on, encouraged by Jewish business owners in the area she’d befriended, including liquor wholesaler Max Sobel and Fairmont Hotel operator Benjamin Swig.

“Whenever I’d lose something, they’d say, ‘Keep on moving. Don’t stop, because you’ll lose your customers. When you open back up, they won’t know who you are.’ They’re the ones who told me, ‘Go get another spot.'”

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By the time King began work on her third business in the Fillmore, urban renewal projects had wreaked havoc on minority communities across the nation, including neighborhoods in west-side Boston, downtown Atlanta, the celebrated 18th & Vine District of Kansas City and elsewhere.

King opened the Bird Cage Tavern at 1505 Fillmore St. in 1964 near O’Farrell complete with a jukebox, 30-foot mahogany bar, a piano and a gilded birdcage. Then-police chief Thomas J. Cahill tried to block her liquor-license renewal by complaining to the state about “winos” and “prostitutes” in the neighborhood, records show, but regulators dismissed the claims.

“We had viable businesses all around us,” King said. “I had one fellow I worked with a lot named Willie Jones. He was a blues singer. The interesting thing was, I had music in the daytime at the Bird Cage. I specialized in afternoon jazz.”

Despite a triumphant resettlement, nonetheless, the redevelopment agency arrived yet again and bought her building during the expansion of it’s A-2 redevelopment phase and served as landlord for the Bird Cage, a barber shop and a liquor store as it waited for another two years deciding what to do with the building.

On the agency’s watch, a fire broke out next door to the Bird Cage that led to water damage in her space. Federal Housing and Urban Development records show that no insurance claim was ever filed by the Redevelopment Agency. King says the agency removed some of the bar’s contents, mostly kitchen supplies, and made only stopgap repairs to the building anticipating that she would later be ousted anyway. The items they took, she says, were never returned.

The agency then evicted all of the building’s tenants in 1974. This time, King stood fast and had to be forced out by the sheriff. The agency promised relocation assistance, but those empty assurances became her biggest headache yet. In fact, she would spend the next 25 years quarreling with the agency over relocation terms.

King and the agency searched fruitlessly until 1977 for a suitable replacement building before King purchased her own out of desperation at 1081 Post St. She was then forced to begin another endurance test of working to actually extract money from the agency owed to her for properly outfitting the new building.

Meanwhile, the Bird Cage’s leftover furnishings – from oil paintings, rugs and curtains to an ice maker, wood shelving and an antique porcelain lamp – were destroyed when the agency amazingly chose to store them on an outdoor lot off Third Street during her move, a fact later confirmed by an agency employee in an affidavit.

“They moved it all out,” King said, “all these antiques and stuff, into this field where the weather ate it up.”

The agency’s initial response was to determine how it could best avoid legal liability. Redevelopment officials finally offered her about $100,000, which she needed desperately to keep things moving with the Bird Cage’s new location, but King insists today the materials were worth closer to $1 million.

As she was fighting to reopen her bar business, she attempted to redeem an earlier certificate of preference given to her when she’d lost a residential property on Webster Street to redevelopment. In 1983, she bought a condemned, 12-unit apartment building on Eddy Street hoping to rehabilitate it using a federally backed loan.

The deal only led to more trouble. The agency paid for its own roving security to patrol Western Addition properties it had purchased, and before 1431 Eddy St. was ever officially conveyed to King (as well as two other neighboring developers), thieves gutted the building of windows, doors, plumbing, light fixtures and other hardware. (Two buildings belonging to neighboring developers were also hit, and the agency addressed their losses the same way.)

Almost immediately, the agency told her she’d purchased the building “as is” and that they weren’t responsible for the break-in. But according to an internal 1983 memo marked “confidential,” later unearthed when friends of King submitted a records request to the agency, staffers clearly were concerned about the legal implications of offering one building for sale “as is” and actually providing another one on the date of delivery that had been thoroughly burglarized.

The memo shows that the possibility of a lawsuit was of greater concern to the agency than any obligation to compensate King for the lost hardware, regardless of whether proper security was the agency’s responsibility. Records show they did discuss a settlement of little more than $2,000, but King considered the stolen goods to be worth thousands of dollars more.

She managed to eventually finish the rehabilitation of her Eddy Street property after several years of work, and while she lives there today, time and angst took their toll. Each step of the transition to what she hoped would someday become her new bar, Goldie’s on Post Street, involved a seemingly endless round of yet more negotiations, letters, legal threats and bureaucratic backbiting before the agency would lift a finger and allocate money for contractors, necessary seismic upgrades, architects and equipment.

In 1997, then-Rep. Ron Dellums (now Oakland mayor) wrote a letter to top local HUD official Art Agnos (later a San Francisco mayor) on King’s behalf.

“On August 26, Ms. King met with a member of my staff and detailed issues surrounding a 25-year dispute she has attempted to resolve with HUD and the San Francisco Redevelopment Agency,” Dellums wrote. “Your expeditious attention to this matter is [a] request, as Ms. King is elderly and experiencing health problems. The resolution to this issue would allow her to live the remainder of her life with some piece of mind.”

It was too late. The federally backed loans she’d received from HUD to rehab her Eddy Street property, from which the Redevelopment Agency strictly enforced repayment, fell into default. Loans leveraged against her other remaining properties began to slip, too, all while she fought with the forces of redevelopment to recreate what she had once proudly possessed.

King’s story may seem like an unfathomable streak of bad luck, but there’s a paper trail for all of it. And her battle, laid out in hundreds of pages of documents saved by King over several decades and reviewed by the Guardian, was ultimately unsuccessful..

By 1997, King was submerged in bankruptcy proceedings and would lose pretty much everything that she owned, including an Edwardian landmark home on Scott Street near Alamo Square where she’d lived for years (partially burned in a 1986 fire, believe it or not) and a residential building on Sutter Street.

Goldie’s was to be her final resting place, a roost from which she hoped to feature cabaret dancing, fresh crab at happy hour, a refined art deco aesthetic and live music performances. She lost that, too. Today, it’s Diva’s just off Polk Street.

Urban renewal won.

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Hopeful press accounts lately foretell a jazz revival in the Fillmore District fueled by enterprising developers deft at financing lucrative redevelopment projects through tax incentives and low-interest loans half a century after the promise of “renewal,” now described euphemistically as “historic preservation.”

But with such a sordid history behind them, it’s no wonder residents of Bayview-Hunter’s Point, many of whom escaped Western Addition “renewal” in the first place, are leery of a pending years-long plan to redevelop nearly 1,500 acres in the southeast neighborhoods.

Bayview newspaper publisher Willie Ratcliff led a petition drive last year in an effort to put the plan before voters. Over 20,000 petition signatures were certified by elections officials, but City Attorney Dennis Herrera ruled the petitions were technically invalid because circulators hadn’t presented the full text of the redevelopment plan to signers. Redevelopment foes have since sued to have Herrera’s decision tossed.

“The misuse by these people is just unbelievable,” King said. “They were fighting me every inch.”

Thanks to Susan Bryan for joining the Guardian in reviewing hundreds of pages of public and personal records preserved in Leola King’s estate. Bryan is currently working with Monkey Paw Productions on a documentary about King’s life

Power play

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› news@sfbg.com

The San Francisco Board of Supervisors will soon decide the fate of the Trans Bay Cable (TBC), a privately financed, underwater power line that would plug the city’s electric grid into power plants in the East Bay.

Backers call the cable the best way to avoid blackouts, like those the city saw in the wake of the energy deregulation debacle of the late 1990s. But green power activists argue that the developer of this 57-mile extension cord is cashing in on California’s blackout fears and that approving the project would go against the city’s commitment to finding sustainable sources of energy.

Australian financial firm Babcock and Brown has staked $300 million on the cable’s construction and offered more than $28 million for a community benefits package if the project is approved. The developer plans to profit on its investment with a guaranteed 13.5 percent rate of return, granted to it by the Federal Energy Regulatory Commission for the sale of power running through the cable. Power plants in and around Pittsburg would generate most of the juice going though the 400-megawatt-capacity line. Ratepayers across the state would foot the bill.

The California Independent System Operator (Cal-ISO), the public benefit corporation in charge of the state’s electric grid, has asked for San Francisco supervisors to approve the cable as soon as possible so that it can begin service by 2010. Cal-ISO’s sole mission is to keep the lights on, and when there isn’t enough power in the system, it coordinates the dreaded rolling blackouts that most Californians remember from the energy crisis. CAL-ISO representative Larry Tobias brought up those dark days at a San Francisco Port Commission meeting Feb. 27. "Without the Trans Bay Cable project," he warned, "we will be back in that situation again." Electricity from the TBC, Tobias told commissioners, will give the city’s system the "reliability" to prevent blackouts.

Tobias said if supervisors reject the cable project, CAL-ISO will have to seek alternative proposals. At a January meeting of the city’s Local Agency Formation Committee (LAFCo), Tobias brought up a plan previously put forward by Pacific Gas and Electric Co., which looked to bring power across the bay from a substation in Moraga. In 2005, PG&E asked for more time to finish its design. CAL-ISO rejected its request and chose the TBC instead.

But some local activists say the city does not need the cable, or any other privately funded power line. Steven J. Moss of San Francisco Community Power told the Guardian a 400-megawatt cable would flood the power grid with "an enormous oversupply" of electricity. "That would be a waste of resources," he said. Moss claims CAL-ISO is understandably obsessed with reliability but the probability of its doomsday blackout scenarios is incredibly small. How small? At the Port Commission’s March 13 meeting, Moss said his calculations indicate there is only a "0.0002 percent chance that the [TBC] will be needed."

Even in the worst-case scenario, Moss told us, the city is only "looking at a 50- to 60-megawatt gap [in energy supplies] 10 years from now." His figures, he said, are based on Cal-ISO’s own estimates, adding, "The real way to plug that gap [is] demand management — solar, wind, all the things that San Francisco talks about constantly and that are good for us."

At the January LAFCo hearing, Sup. Ross Mirkarimi questioned officials from the San Francisco Public Utilities Commission (SFPUC) about the city’s plans to acquire its own power line from the Hetch Hetchy Reservoir’s hydroelectric stations. The city already owns most of the 200-mile transmission route from the Yosemite power stations, but PG&E possesses the last 30 miles and charges the city fees to bring electricity up the Peninsula from Newark. "Why can’t we have our own cable?" Mirkarimi asked SFPUC staffer Barbara Hale. She said the agency has been "studying the feasibility" of the proposed city-owned line but cannot yet commit to a firm "coming online date" like the TBC’s developer can.

For years the city has been seeking a way to secure full ownership of the Hetch Hetchy lines as a step toward forming a public power utility, independent of PG&E control. Ironically, if the TBC is built, a public power agency would own the cable and profit from it, just not San Francisco’s power agency. Pittsburg’s municipal utility is slated to take over the line once Babcock and Brown finishes its construction.

At the same hearing in January, Moss pointed to such projects as the proposed Hetch Hetchy line, as well as the city’s evolving plans to implement more renewable power sources, as proof that supervisors should reject the TBC. Calling the cable a "potlatch," Moss said, "Time is our friend" in power matters. "Technology will change and improve, [and] we’re potentially rushing into a very expensive project." Mirkarimi did not return calls for comment, but at the hearing, he indicated he is still studying the cable and has not yet formed a position on it.

Philip DeAndrade, chair of the city’s Power Plant Task Force, expressed concerns that Pittsburg’s power plants burn "very available fossil fuels" for their generation and that these cheaper sources of electricity "might take out of the market mix" more renewable energy. DeAndrade also brought up the four gas-fired combustion turbines, known as peakers, that the city is in the process of bringing online. With these generators scheduled to go into service in 2009, as well as several PG&E transmission projects either in the works or already operational, DeAndrade said, "I’m not convinced [the TBC] is a good deal for San Francisco. What it looks like is a good deal for Babcock and Brown and the City of Pittsburg."

CAL-ISO insists that the TBC is the best reliability option for the region. Spokesperson Gregg Fishman said the peakers and other local energy projects will allow the system operator to stop relying on the inefficient Potrero Hill Power Plant. "But all that really does is keep us even in San Francisco. It doesn’t improve the reliability of the system at all — and in fact, with load [demand] growth we are actually falling slowly behind." Fishman later mentioned the added benefits of having power come in from a different direction. Currently, all power lines feeding the city travel up the Peninsula.

On March 13 the TBC cleared its first local regulatory hurdle when the Port Commission approved a licensing agreement for the cable’s facilities. Port officials, along with staff from the Mayor’s Office and other city agencies, spent weeks negotiating the terms of the deal with Babcock and Brown. The agreement grants the port annual rent payments in excess of $1 million, a needed cash infusion for the strapped agency.

The community benefits package gives the port an additional $5.5 million, with an as yet undetermined portion of those funds to be spent on open-space and energy-related projects on port-owned land. In addition to payments to the port, Babcock and Brown pledged more than $23 million to the SFPUC for sustainable energy programs, such as solar, wind, and tidal power initiatives.

Despite passing the licensing and benefits packages, port commissioners and their staff said they were not ruling on the project’s merits in terms of energy policy. Port special projects manager Brad Benson, who spearheaded the negotiations, told us, "Port staff does not believe we have the required expertise to rule on energy policy aspects [of the TBC]. We believe the Board of Supervisors is the preferred venue" to settle those questions.

Reached for comment, several San Francisco supervisors, either directly or through staff, told us they are still making up their minds about the project. Sup. Sophie Maxwell told us even if the cable is built, the city will not allow the new power line to sidetrack its efforts to use more environmentally friendly energy. "The city’s policy is renewable energy. Fossil fuel is not our first and primary desire." But, she added, Cal-ISO "determine[s] our power needs, and so we have to go along with that. We can’t say, ‘No … you’re wrong.’ "

Babcock and Brown vice president Dave Parquet praised the Port Commission for approving the licensing agreement and benefits package, telling us, "We are very pleased with the port’s [approval] and look forward to the Board of Supervisors’ decision." Samuel Wehn, the TBC’s project manager at Babcock and Brown, said, "I don’t think San Francisco [officials are] going to put their city in the position where they’re not going to be able to provide the kind of energy that’s needed to keep this city running."

Moss said those kinds of arguments are "business as usual" for the state in terms of energy policy. "Here [we] go again with another large infrastructure project that doesn’t contribute to solving climate change or moving our energy agenda forward."

He added, "It’s classic political science. Out of [the average ratepayer’s bill] it’s pennies per month, so nobody cares about it … but that doesn’t mean it’s not an expensive project. It is." Babcock and Brown, he said, "saw an opportunity to make a very fat profit margin, and they went for it like any good profiteer." *

Public power football

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By Tim Redmond

The City of Santa Clara has a lot that the San Francisco 49ers find attractive: A nice site for a stadium, a local fan base — and, it turns out, $200 million in cash. That money, which the team has its eyes on, is sitting in the bank — it’s the surplus from the city’s municipal electric utility.

Isn’t it funny: San Francisco may lose a football team in part because our competing city did what we should have done many years ago, and created a public-power agency. Now it’s got some money to spare.

This all came up at Mayor Gavin Newsom’s weekly department heads meeting March 18. when a mayoral staffer gave a briefing on the Santa Clara 49ers situation, including an explanation of how the Niners want that $200 mill (which the Santa Clara power agency is reluctant to part with). In the middle of the briefing, Sheriff Mike Hennessey dared to interrupt with the obvious question:

“Are you saying,” he asked, “that a city can make a profit from public power?”

The staffer’s response: “No comment.”

Newsom’s latest hypocrisy

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By Tim Redmond

Gavin Newsom has a slick new website, which his campaign team has decided to call actlocallysf.org, I guess to give the impression that it’s more than flackery for the mayor. The lead item on it is, in fact, a nice piece by the head of the Business Alliance for Living Local Economies, talking about how to create an economically sustainable city.

But that’s actually a serious policy challenge that involves taking on big, powerful international interests — and Newsom isn’t doing any of that. In fact, if you scroll down the page, you find an article on why San Francisco should turn over the future of its electronic communications infrastructure to a couple of giant corporations.

A real sustainable city would look at creating the network locally, using city funds and local nonprofits and small businesses, and keeping control of it in the public sector. Gavin: get with the program.

PS: BeyondChron has a nice takeout on the new website.

PS2: The Bay Guardian and Beyond Chron both have links on the site, under the category “mean but interesting.” Mean? To the poor little mayor who can’t take any criticism? Jesus. At least we’re interesting.

SFist takes prize for longest -ist thread EVAH

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By Sarah Phelan
You gotta give it up to snarky SFist for snagging the longest comment thread on any -ist site around the world (take that, London, Paris, Rome!).
This achievement occurred as part of the ongoing eruptions around the comments that Mayor Gavin Newsom’s girlfriend, Jennifer Siebel, made after she labeled Ruby Rippey Tourk as “the culprit” in the Chronicle. (Last time, we checked, the comments were up to 429 and people were still posting.)
You also gotta give it up to Jennifer Siebel for opening the gates on what was clearly a repressed longing in this city to find out and vent about a) WTF happened between the Mayor and Ruby, b)why and c) on whose dime.
All with JS starring as a pleasant-to-look-at, bee-saving punch bag who is pitted against Gavin’s former flame, Ruby, thereby creating a cyber cat fight, in which the Mayor comes out looking like a royal jerk.So, as the mayor winds up his trip in NYC, you can imagine how cranky his PR machine is sounding:
“Best to say nothing, Gav.”
“But if I don’t, people will think that what Jen said is what I said.”
“Well, wasn’t it?”
“And that makes me look blamey and pathetic.”
“Er…”
“And If I say nothing it looks as if I’m hanging Jen out to dry.”
“Er…”
“So what am I gonna say?”
See the problem? Especially if the mayor is gonna stay true to his promise to be honest and sober etc.
Maybe the Mayor and JS should model “SFist is the Culprit” T-shirts. As should all you folks who spent the last few days posting/reading at SFist instead of spinning your hamster wheels at work. (What, moi?)

The corporation that ate San Francisco

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› sarah@sfbg.com

For the past decade, Florida-based megadeveloper Lennar Corp. has been snatching up the rights to the Bay Area’s former naval bases, those vast stretches of land that once housed the Pacific Fleet but are now home to rats, weeds, and in some places, low-income renters.

When the Navy pulled out of Hunters Point Shipyard in 1974, it left behind a landscape pitted with abandoned barracks, cracked runways, spooky radiation laboratories, antique cranes, rusting docks, and countless toxic spills.

A quarter century later, Lennar came knocking at the shipyard’s door — and those of other military bases abandoned in the waning days of the cold war — recognizing these toxic wastelands as the last frontier of underdeveloped land in urban American and an unparalleled opportunity to make big money.

Lennar had already won its first battle in 1997, seizing control of the Bay Area’s former military pearl in Vallejo when it was named master developer for the old Mare Island Naval Shipyard. Two years later it almost lost its bid for Hunters Point Shipyard when a consultant for the San Francisco Redevelopment Agency recommended giving the development rights to the Ohio-based Forest City.

Lennar fought back, calling on politically connected friends and citing its deep pockets and its track record at Mare Island.

A parade of Lennar supporters, many of them friends of then-mayor Willie Brown and Rep. Nancy Pelosi, told the Redevelopment Agency commissioners that Lennar was the only developer that had bothered to reach out to the Bayview–Hunters Point community. In the end, the commissioners — all of them mayoral appointees — ignored their consultant’s advice and voted for Lennar.

Nobody knows if Forest City would have done a better job. A developer is, after all, a developer. But Lennar’s victory at the shipyard helped it win the rights, four years later, to redevelop Treasure Island — long before it had even broken ground at Hunters Point. And a couple years ago, it parlayed those footholds into an exclusive development agreement for Candlestick Point.

Now the Fortune 500 company, which had revenues of $16.3 billion in 2006, does have a track record at the shipyard. And that performance is raising doubts about whether San Francisco should have entrusted almost its entire undeveloped coastline to a profit-driven corporation that is proving difficult to regulate or hold accountable for its actions.

Sure, Lennar has provided job training for southeast San Francisco residents, set up small-business assistance and community builder programs, and invested $75 million in the first phase of development. That’s the good news.

But on Lennar’s watch, a subcontractor failed to monitor and control dangerous asbestos dust next to a school at the Hunters Point Shipyard, potentially exposing students to a deadly toxin — despite promising to carefully monitor the air and control the construction dust.

And when the homebuilding industry took a nosedive last year, Lennar reneged on its promise to provide needed rental housing on Hunters Point — saying that its profit margins were no longer good enough to make rentals worthwhile. All of which raises questions about whether this company, which is working with Mayor Gavin Newsom to build a stadium at the shipyard to keep the 49ers in town, really has San Francisco’s interests in mind.

Bayview–Hunters Point native Dr. Ahimsa Porter Sumchai, a physician and a Sierra Club member, called the Lennar deal the "dirty transfer of the shipyard." She told us, "There is no reason why I’d trust Lennar more than I would the Navy and the federal regulators who have stringently worked on the cleanup of Hunters Point Shipyard, and yet it still remains toxic."

"This is just a play to get the shipyard," said Porter Sumchai, whose father was a longshore worker at the shipyard and died from asbestosis.

Part of the problem is systemic: the Redevelopment Agency hands over these giant projects to master, for-profit developers — who can then change the plans based on financial considerations, not community needs. And while Lennar likes to tell decision makers of its massive size and resources, the actual work at these bases has been delegated to limited-liability subsidiaries with far fewer available assets.

In this case, Lennar experienced a 3 percent drop in sales last year, a 29 percent increase in cancellation rates on homes, and a 15 percent dip in its fourth quarter profits. The downturn prompted Lennar’s president and CEO, Stuart Miller, to identify ways to improve what he described in the annual report as the company’s "margin of improvement" in 2007. These included "reducing construction costs by negotiating lower prices, redesigning products to meet today’s market demand and building on land at current market prices."

A Lennar spokesperson, Sam Singer, issued a statement to us saying that "Lennar BVHP is committed to operating responsibly, continually incorporating best community and environmental practices into our everyday business decisions."

But for a look at how Lennar’s model clashes with community interests, you need go no further than the edge of the site where Lennar has been digging up asbestos-laden rock.

DUST IN THE WIND


The Muhammed University of Islam is a small private school that occupies a modest flat-roofed hilltop building on Kiska Road with a bird’s-eye view of the abandoned Hunters Point Shipyard. This year-round K–12 school is affiliated with the Nation of Islam and attracts mostly African American students but also brings in Latino, Asian, and Pacific Islander children, many of whom have had problems in the public school system and whose parents can’t cover the cost of a private school.

"We find a way," the school’s mustachioed and nattily dressed minister, Christopher Muhammed, recently told the Redevelopment Agency in a veiled allusion to the financial nexus between the MUI and the Nation of Islam’s mosque and bakery on Third Street. "Many students aren’t members of our tradition but live across the street, down the street, or come from Oakland and Vallejo."

The minister is asking the Redevelopment Agency, the agency that selected Lennar and oversees the project, to permanently relocate the school. The school’s classrooms and basketball courts sit on the other side of a chain-link fence from Parcel A, which is the first and only plot of land that the Navy has certified at the shipyard as clean and ready for development.

Standing on these courts, the children have been able to watch heavy machinery digging up and moving huge amounts of earth in preparation for the 1,600 condos and town houses that Lennar wants to build on this sunny hillside, which has views of the bay and the rest of the shipyard.

The shipyard’s other five parcels are still part of a federal Superfund site, despite having undergone years of decontamination. Black tarps cover piles of soil that have been tagged as contaminated, and recently, radiological deposits were found in the sewers and soil. The Navy is still cleaning up a long list of nasty toxins, including PCBs and solvents, on Parcels B through F, the land Newsom now wants the city to take over so that it can hastily build a stadium for the 49ers.

But the minister’s request to relocate the MUI isn’t inspired by fear of Navy-related contamination or the impact of a stadium on the neighborhood but rather by the reality that asbestos is naturally present in this hillside and Lennar’s excavation work on the other side of the school’s chain-link fence has been kicking up dust for almost a year.

It’s not that Lennar and the city didn’t know about the asbestos. In April 2000 the environmental impact report for the shipyard reuse noted, "Because asbestos-containing serpentinite rock occurs at Hunters Point Shipyard, construction-related excavation activities could cause chrysotile asbestos associated with serpentinite to become airborne, creating a potentially significant impact to public health and safety."

So when Lennar proposed demolishing abandoned housing and roads and grading and transferring massive amounts of earth on Parcel A, the Bay Area Air Quality Management District demanded an asbestos dust mitigation plan that included sweeping and watering the construction sites and making sure that vehicle tires are washed before drivers exit.

The state Asbestos Air Control Toxic Measure also stipulates that if a school lies within a quarter mile of a construction site, local air districts can require developers to install asbestos dust monitors and shut down their sites whenever asbestos registers 16,000 fibers per cubic meter. The state requires these extra steps because children have higher metabolisms, growing lungs, and longer life expectancy. Plus, they’re lower to the ground and are likely to run, skip, hop, and play ball games that kick up dust.

Although Lennar agreed to abide by the air district’s requirements, the developer failed to properly implement this plan for more than a year.

The air district’s records show that Lennar’s environmental consultant, CH2M Hill, failed to include any air monitoring in its original plan for Parcel A, which is odd because the school is obvious to anyone who visits the site. It was only when the air district pointed out the existence of the Hunters Point Boys and Girls Club, the Milton Meyer Recreation Center, and the MUI, all within the quarter-mile limit, that Lennar agreed, at least on paper, to what the air district describes as "one of the most stringent asbestos dust mitigation plans in the state."

The plan combines the air district’s asbestos requirements with the city’s demands that Lennar limit "ordinary dust" that can cause respiratory irritation and aggravate existing respiratory conditions, such as asthma and bronchitis. Lennar agreed to implement the plan in the summer of 2005 and determine background levels of dust and toxins at the site before work began in the spring of 2006.

But that didn’t happen. For 13 months there is no data to show how much asbestos the MUI students were exposed to, neither for the 10 months before construction started on the cleared site nor for the first three hot and dusty months when Lennar’s subcontractors began massive earth-moving operations next to the school.

You’d think that after these failures became public knowledge, a devastated Lennar would have gotten a black eye and perhaps fired the subcontractors involved. Failing to protect children in a community that’s been the repeat victim of environmental injustice is a public relations nightmare, particularly in a part of town where distrust of redevelopment runs deep, thanks to the travesties in the Fillmore in the 1960s, followed by the city’s recent rejection of a referendum to put the Bayview–Hunters Point Redevelopment Plan to a public vote.

But while Lennar’s executives finally did the right thing last August by alerting the air district and replacing CH2M Hill, they didn’t release their two other subcontractors, Gordon Ball and Luster, nor did they sufficiently rein them in when violations continued, critics have testified at agency meetings.

And instead of apologizing to the air district and the city’s Department of Public Health for making them look like impotent fools, Lennar executives pushed back, contending that asbestos monitoring wasn’t necessary until May 2006 and that they didn’t need to water the tires of private vehicles.

They even listed economic rationalizations for the screwups that did happen. According to a memo marked "confidential" that the Guardian unearthed in the air district’s files, written by the air district’s inspector, Wayne Lee, Lennar stated, "It costs approximately $40,000 a day to stop grading and construction activity" and "Gordon Ball would have to idle about 26 employees on site, and employees tend to look for other work when the work is not consistent."

Meanwhile, the Department of Public Health was left reeling. Environmental health director Dr. Rajiv Bhatia told us, "It was very disappointing. We worked very hard. We wanted this system to be health protective. Whenever things don’t work, it takes time to get back to levels of trust. This hurts trust and credibility."

In September 2006 the air district issued Lennar a notice of violation for the period of July 14, 2005, through Aug. 3, 2006. Lee wrote that vegetation removal on the site "disturbed the soil and in some cases, likely resulted in dust." He also made it clear that "any track onto common roads could be tracked out to public thoroughfares and create asbestos dust plumes."

Lennar’s fines have yet to be determined, but they could reach into millions of dollars. State fines for emitting air contaminants range from $1,000 a day, if the violation wasn’t the result of intentional or negligent conduct, to $75,000 a day, if the conduct was deemed willful and intentional.

But as the air district weighs the evidence, one thing’s for sure: this wasn’t an isolated case of one set of monitors failing or one subcontractor screwing up. This case involves numerous violations and three subcontractors, two of which — Gordon Ball and Luster — are still working next to the MUI (neither company returned our calls).

Records show that once Lennar fired its environmental compliance subcontractor, CH2M Hill, properly installed monitors immediately detected asbestos dust, triggering 15 health-protective shutdowns during the course of the next six months. From these results, is it reasonable to conclude that had Lennar got its monitoring right from the beginning, further shutdowns would have cost Lennar’s construction subcontractors even more truckloads of money, as would have adequate watering of the site, which they didn’t get right for months?

So far, the only explanation for the watering deficiencies has come from Kofi Bonner, president of Lennar Urban for Northern California, who told the Redevelopment Agency, "Given the hilly terrain, it can only be watered enough so as not to create difficult conditions for the workers going up and down the site."

Lennar didn’t finally start to really control its subcontractors until January, when Lennar ordered Gordon Ball and Luster to "replace two site superintendents with new personnel who must demonstrate environmental sensitivity in conducting their work," according to public records.

MIAMI VICE


Headquartered in Miami Beach, Fla., Lennar began in 1954 as a small home builder, but by 1969 it was developing, owning, and managing commercial and residential real estate. Three years later it became a publicly traded company and has been profitable ever since, spinning off new entities.

Lennar Urban is one such venture. Established in 2003 to focus on military-base reuse, Lennar Urban recently produced a glossy brochure in which it proclaimed, "Military base reuse is our business — this is what we do."

Military-base development may be good business — but it isn’t always such a good deal for cities, particularly when communities don’t end up receiving what was promised on the front end.

In November 2006, Lennar announced it wouldn’t build any rental homes in its 1,600-unit development at the Hunters Point Shipyard. The Redevelopment Agency had originally approved a plan for 700 rental units on the 500-acre site, but Lennar said rising construction costs make rentals a losing investment.

Also in November, Arc Ecology economist Eve Bach warned the Board of Supervisors that Lennar’s public-benefits package for Treasure Island could be seriously compromised.

The package includes 1,800 below-market affordable housing units, 300 acres of parks, open space and recreational amenities, thousands of permanent and construction jobs, green building standards, and innovative transportation.

Bach summed up these proposals as "good concepts, uncertain delivery" and noted the discrepancy between Lennar’s stated desire for a 25 percent return and Budget Analyst Harvey Rose’s conservative prediction of an 18.6 percent return.

"Particularly at risk of shortfalls are transit service levels, very-low-income housing, and open-space maintenance," Bach warned.

With community benefits up in the air, high profits expected, and Lennar’s ability to regulate developers uncertain, many community activists question just what San Francisco is getting from the company.

"I can’t say that Lennar is trustworthy, not when they come up with a community benefits package that has no benefit for the community," activist Marie Harrison said. "I’d like to be able to say that the bulk of our community are going to be homeowners, but I resent that Lennar is spoon-feeding that idea to folks in public housing who want a roof over their heads and don’t want to live with mold and mildew but don’t have jobs or good credit or a down payment. I’ve heard seniors say, ‘I can’t even afford to die.’ Lennar is not being realistic, and that hurts my feelings and breaks my heart."

SHOE-IN


The story of Lennar and Muhammed University of Islam underscores the problems with a system that essentially relies on developers to regulate themselves. Bay Area Air Quality Management District records show officials didn’t know monitoring equipment at the site wasn’t working until August 2006, when Lennar discovered and reported the problem.

Lee reported after an Aug. 31, 2006, meeting with CH2M Hill staff, "They were not confident that the air sampling equipment was sampling correctly, due to faulty records and suspect batteries. CH2M Hill staff discovered depleted batteries and could not determine when they drained."

The air district’s air quality program manager, Janet Glasgow, told the Guardian, "The district had never been in this situation before, in which a developer, Lennar, came in and self-reported that they discovered a problem with their monitoring — something the district would never have been able to determine."

Worrisome as Glasgow’s statement is, there’s also the possibility that CH2M Hill’s failures might never have come to light had it not been for the city’s decision to demand another layer of dust controls. As Department of Public Health engineer Amy Brownell said, her inspectors were witnessing trails of dust firsthand, yet CH2M Hill’s monitors kept registering "non-detect" around asbestos.

"Which was suspicious," Brownell told us, "since they were doing massive earthwork."

Saul Bloom, who is executive director for Arc Ecology, a local nonprofit that helps communities plan for base closures and cleanups, told us he recalls "waiting for the first shoe to drop, wondering how there could be no work stoppages when Lennar was digging up a hillside of serpentinite."

The other shoe did drop shortly after the August 2006 meeting. It was black and well polished and attached to the foot of Muhammed, who began questioning whether the dust wasn’t harming his students.

But Muhammed found his questions weren’t easy to answer, given that Lennar had failed to monitor itself and therefore lacked the data that could have proved no harm was done, a scary situation since health problems from asbestos exposure don’t generally manifest themselves until many years later.

Those questions raised others about Lennar and whether it should be trusted to self-regulate.

DÉJÀ VU


In December 2006, Redevelopment Agency Commissioner Francee Covington asked Lennar’s environmental manager, Sheila Roebuck, if the company had any asbestos issues at other projects in the nation. Roebuck replied no, not to her knowledge.

But the Guardian has learned that Lennar already had problems with naturally occurring asbestos in El Dorado. The problems concerned dynamiting in hills that were full of naturally occurring asbestos and resulted in a $350,000 settlement in November 2006. The case involved two El Dorado Hills developers, Angelo K. Tsakopoulos and Larry Gualco, and their earthmoving subcontractor, DeSilva Gates Construction of Dublin.

As part of the terms of the settlement, the county agreed, at the behest of the developers, to make their earthmoving contractor, DeSilva Gates, who provided the dynamite, solely responsible for the settlement. Accused of, but not formally charged with, 47 violations of air- and water-pollution laws is West Valley, a limited liability company composed of Lennar Communities of Roseville, Gualco, and Tsakopoulos’s AKT Investments of Sacramento, with Lennar managing the LLC and AKT acting as the investor.

But as the Sacramento Bee‘s Chris Bowman reported, El Dorado Air Quality Management District head Marcella McTaggart expressed her displeasure directly to Lennar Communities, writing, "We are very disappointed to note that the agreed-upon measures to minimize … dust were completely disregarded by your company."

McTaggart’s words bear an eerie resemblance to Bhatia’s comments about how Lennar’s failure to protect the public heath "hurts trust and credibility."

"Ultimately, I’m very interested in being able to talk to the families and children who believe they have been harmed," Bhatia told us. "I want to help with people’s uncertainties and fears."

LEGAL PROBLEMS


Uncertainty and fear were on display at the Redevelopment Agency’s December 2006 meeting when Muhammed claimed that serpentinite, arsenic, and antimony had been found on his students and staff through "resonance testing."

Lung cancer experts doubt that methodology, telling us the only way to detect serpentinite in bodies is by doing an autopsy.

Following the minister’s claims, a rattled Bonner told the Redevelopment Agency, "Lennar cannot continue to be accused of covering something up or willfully poisoning the community because of profits. Lennar is a national public company, and the accusations and allegations are very serious."

Unfortunately for Lennar and the city, the company’s failures to monitor and control dust have left both entities exposed, since they formed a limited liability company without extensive resources, Lennar BVHP, to conduct the shipyard cleanup.

This exposure became even more evident when Muhammed returned to the Redevelopment Agency Commission in January with 15 MUI students in tow to ask for a temporary shutdown of Lennar’s site until a permanent relocation of the school had been worked out.

"It doesn’t seem proper to have peace discussions while the other side is still shooting," Muhammed said.

His relocation request got Bayview–Hunters Point community activist Espanola Jackson raising more questions: "OK, but where are the other residents going? How can you displace them? Have the residents on Kiska Road been notified? Or on Palou? Nope. You give people dollars to do outreach, but they don’t come to my door. Someone is being paid to not give the truth."

Scott Madison, a member of the Hunters Point Shipyard Citizens Advisory Committee, who’d observed large excavation machines breaking rock but not using water or any other dust controls, said, "I don’t understand how Lennar, who I believe has a sincere interest in doing right, can continue to have a contractor who is out of control."

Bonner explained that Lennar sent notices of default to its subcontractors and hired people from the community to be monitors, plus installed a secondary level of consultants to monitor contractors. But when Redevelopment Agency commissioner London Breed expressed interest in releasing the old contractor and hiring a new one, the agency’s executive director, Marcia Rosen, chimed in.

"Our agreement," Rosen said, "is not with the subcontractor. Our agreement is with Lennar." Her words illustrated the agency’s impotency or unwillingness to crack the whip over Lennar and its subcontractors. But when Lennar Urban vice president Paul Menaker began to explain that its contractors have a 10-day cure period, it was too much for Commissioner Covington.

"We’re way past that," Covington exploded. "We’re not hams!"

EXPLODING HAMS


Perhaps they’re not hams, but the commissioners’ apparent inability to pull the plug on Lennar or its subcontractors leaves observers wondering how best to characterize the relationship between the agency, the city, the community, and Lennar.

Redevelopment Agency commissioners have been appointed either by Mayor Gavin Newsom or his predecessor, the consummate dealmaker Willie Brown. But the incestuous web of political connections goes even further.

Newsom is Speaker of the House Nancy Pelosi’s nephew by marriage. Newsom’s campaign treasurer is another Pelosi nephew, Laurence Pelosi, who used to be vice president of acquisitions for Lennar and now works for Morgan Stanley Real Estate, which holds Lennar stock.

Both Newsom and Laurence Pelosi are connected to lobbyist Darius Anderson, who hosted a fundraiser to pay off Newsom’s campaign debts. Anderson counts Lennar as his client for Treasure Island, Mare Island, the Hunters Point Shipyard, and Candlestick Point, another vast swath of land that Lennar controls.

Brown’s ties to the agency and Lennar run equally deep, thanks in part to Lennar’s Bonner, who was Brown’s former head of economic development and before that worked for the Redevelopment Agency, where he recommended hiring KPMG Peat Marwick to choose between Catellus, Lennar, and Forest City for the Hunters Point project.

KPMG acknowledged all three were capable master developers, but the commission decided to go with the most deep-pocketed entity.

Clearly, Lennar plays both sides of the political fence, a reality that suggests it would be wiser for cities to give elected officials such as the Board of Supervisors, not mayoral appointees, the job of controlling developers.

DAMAGE CONTROL


Under the current system, in which Lennar seems accountable to no one except an apparently toothless Redevelopment Agency, you can’t trust Lennar to answer tough questions once it’s already won your military base.

Asked about asbestos at the Hunters Point Shipyard, Bonner directed the Guardian‘s questions to veteran flack Sam Singer, who also handles PR for Ruby Rippey-Tourk. Singer tried to dodge the issue by cherry-picking quotes, beginning with a Dec. 1, 2006, letter that the city’s health director, Dr. Mitch Katz, sent to Redevelopment’s Rosen.

Katz wrote, "I believe that regulatory mechanisms currently in place for Shipyard Redevelopment are appropriate and adequate to protect the public from potential environmental hazards."

The assessment would seem to be at odds with that of Katz’s environmental health director Bhatia, who has been on the frontline of the asbestos fallout and wrote in a Jan. 25 letter, "The failure to secure timely compliance with the regulations by the developer and the repeated violations has also challenged our credibility as a public health agency able and committed to securing the regulatory compliance necessary to protect public health."

Singer also quoted from a Feb. 20 Arc Ecology report on asbestos and dust control for Parcel A, which stated, "Lennar’s responses have been consistently cooperative." But he failed to include Arc’s criticisms of Lennar, namely that its "subcontractors have consistently undermined its compliance requirements," that it has "not exercised sufficient contractual control over its subcontractors so as to ensure compliance," and that it was "overly slow" in implementing an enhanced community air-monitoring system.

Singer focused instead on Arc’s observation that "there is currently no evidence that asbestos from the grading operation on Parcel A poses an endangerment to human health and the environment."

Lack of evidence is not the same as proof, and while Arc’s Saul Bloom doesn’t believe that "asbestos dust is the issue," he does believe that not moving the school, at least temporarily, leaves Lennar and the city liable.

"They formed a partnership, protective measures didn’t happen, the subcontractors continue to be unreliable, and dust in general continues to be a problem," Bloom told us.

Bloom also recommends the Redevelopment Agency have an independent consultant on-site each day and bar contractors who screw up. "Without these teeth, the Redevelopment Agency’s claims that they have enforcement capabilities are like arguments for the existence of God."

Raymond Tompkins, an associate researcher in the Chemistry Department at San Francisco State University and a member of the Remediation Advisory Board to the Navy who has family in Bayview–Hunters Point, says what’s missing from the city’s relationship with Lennar is accountability, independence, and citizen oversight.

"If you can’t put water on dirt so dust doesn’t come up, you can’t deal with the processes at the rest of the shipyard, which are far more complicated," says Tompkins, who doesn’t want the Navy to walk away and believes an industrial hygienist is needed.

"The cavalier attitude around asbestos dust and Lennar at the shipyard fosters the concerns of the African American community that gentrification is taking place — and that, next stop, they are going to be sacrificed for a stadium." *

Home invasion

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› gwschulz@sfbg.com

Don Barsuglia worried security was deteriorating at the SoMa public housing complex where he’s lived for about eight years after he watched a body drop past his ninth-floor balcony window late one evening.

A would-be thief had climbed over the 10th-floor balcony during an escape attempt after stealing a few thousand dollars from another resident in Clementina Towers, located close to Sixth Street between Howard and Folsom. The man misjudged his footing and dropped to his death below before police could arrive.

"He probably thought my balcony was open," Barsuglia told the Guardian. "However, I have a bird net on my balcony. So when he went to go down, he hit my net, and good-bye, Mr. Spider-Man. Splat. That’s it, man."

That was enough for Barsuglia, who joined dozens of angry public housing residents last week at City Hall for a special hearing on safety and living conditions, which was organized by Sup. Chris Daly, whose District 6 includes Clementina’s neighborhood.

The 74-year-old Barsuglia recounts with verve the building’s recent run-ins with dope dealers, prostitutes, and knife-wielding teenage stickup artists. Several years ago his building and a neighboring tower had two 24-hour security guards, he said, but they’re now down to one. And just a few weeks ago, when daytime watches were trimmed back to save money, Barsuglia and other residents say they noticed a marked difference.

"It’s neglect by management and administration," he said of the San Francisco Housing Authority. "They pay no attention to us … totally ignored. They don’t even return calls."

Daly’s office has been inundated with grievances from people frightened by an uptick in crime at public housing, including the Ping Yuen complex on Pacific Avenue in Chinatown and Sala Burton on Turk Street in the Tenderloin.

Clementina, built in the early ’70s, houses low-income elderly and disabled residents in 275 studios and one-bedroom apartments. The building is supervised by the trouble-plagued Housing Authority, which faced a litany of questions at the meeting about a diminished security presence at several of its 52 developments across the city.

In November 2006 housing officials sent an abrupt memo to residents notifying them that the authority would have to "explore other methods" for policing its senior and disabled housing sites due to cash shortages.

Progressives on the Board of Supervisors have set their sights on the authority’s seven-member commission, composed of mayoral appointees, demanding at the hearing that Mayor Gavin Newsom consider a shake-up of its membership. No one from the Housing Authority Commission attended the meeting.

"Where are they?" Sup. Tom Ammiano asked after hearing a steady stream of emotional public comments. "I find it criminal, and I challenge the mayor to look at his appointments. Are they the right people for the commission?"

A 51-year-old heart patient who’s lived at Clementina for nine years told the Guardian she positions her motorized wheelchair against the door each night for additional safety. The headboard of her bed seals off one of the windows. Full-time security returned to the building recently, but the woman, who asked not to be named, fearing an assault, said that when the single guard checks each of the 26 floors, nonresidents manage to sneak in. She said that just last week a duo armed with a hammer and a knife robbed an older man living in the building.

"It used to be nice and quiet," she said. "Our front doors we could leave open with just the chain on…. [Now] I’m not sleeping in my bedroom. I’m sleeping on my couch facing the door."

The authority’s embattled executive director, Gregg Fortner, blames it on the White House and congressional cuts to the federal Department of Housing and Urban Development (HUD), the bureaucracy that controls his bank account. The money available for armed and unarmed patrols at public housing in San Francisco has dropped by half in the last six years, according to figures Fortner furnished at our request.

A contingent of San Francisco Police Department officers is hired for $83,000 a month to patrol the "Big Four" public housing projects — Sunnydale, Alice Griffith, Hunters View, and Potrero — where many of the city’s headline-grabbing violent crimes occur. That approach was recently expanded to the Western Addition.

Fortner was already struggling to stay out of the papers without the most recent security headaches. In a series of stories published in 2005, the Guardian exposed dangerous and unhealthy conditions at the city’s public housing projects, sparking promises by city officials to fix the problems. And Fortner has also been threatened with jail time by a judge for refusing to pay out millions of dollars the agency owes on verdicts in civil lawsuits.

In addition, last week the Guardian obtained more than 100 forms filled out by public housing residents detailing chronically deplorable living conditions that apparently continue unabated citywide. Compiled by local organizers of the Association of Community Organizations for Reform Now (known nationally as ACORN), the reports of maintenance failure betray stubborn structural decay that persists despite frequent promises of reform from City Hall.

"Bathroom tub leaks through ceiling," one of them reads, closely echoing many of the other complaints. "Stove is broken. Roaches. Holes in my walls; some as big as a square foot."

"My kitchen window has been broken for eight months (due to burglary) and it keeps my house cold," another reads. Most of the maintenance failures have persisted for months, even years. Other complaints depict half-assed repairs that did little or nothing to fix the problem.

In response, Fortner told us tenants are charged for repairs if the authority determines they’re at fault, which leads some to avoid lodging complaints. He maintains that emergency work orders are handled within 24 hours and all others before 30 to 45 days are up.

"We did 63,000 work orders from Oct. 1, 2005, to Sept. 30, 2006," Fortner said. "That’s like 10 work orders per unit, per year. I don’t know where you live, but do you have a repairman in your unit once a month to fix something? We have an old stock that’s falling apart."

But beyond the indignant outcry and public hearings, no one at City Hall except the mayor is in a position to do anything about public housing unless San Francisco decides to take over the authority completely, which some supervisors have discussed informally. The authority answers mostly to the feds.

Fortner warned that when local governments attempt to babysit their housing authorities, they inevitably get into trouble with HUD. In fact, the Berkeley City Council fired itself last week as the charge of its housing authority because of pressure from HUD.

And the burglar who fell to his death at Clementina Towers? SFPD spokesperson Sgt. Neville Gittens told us he was 19 years old and had been working as a caretaker for his victim. The two quarreled over the money, and a neighbor eventually made a noise complaint to the guard downstairs. When the guard arrived, he managed to block the alleged perp from leaving through the front door but couldn’t keep him from making a gruesome exit out the back.

Other residents told the committee shady figures scaled the exteriors of the towers all the time and were doing so with more frequency. Fortner told the committee it was the first he’d heard of the problem. Maybe his promise of a new tip line for residents will prevent ignorance as an excuse in the future. Or maybe not. *

Ending the road-closure stalemate

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EDITORIAL There’s really only one way to look at Mayor Gavin Newsom’s response to Saturday road closures in Golden Gate Park: the fix has been in from the start. The mayor is willing to discard his own evidence, break his word, ignore the obvious facts, and damage his environmental credentials — but he won’t risk offending the rich society swells who run the de Young museum.

It’s been 40 years since the city began shutting down a stretch of JFK Drive to cars on Sundays, and by any account it’s one of the most popular regular programs in the city. On nice days the park is packed with bikers, joggers, skaters, walkers, families. There are free swing dance lessons. It’s one of the few opportunities for young kids to learn to ride bikes in a safe environment.

But the trustees of the museum, such as socialite Dede Wilsey, are adamantly opposed to expanding the road closures to Saturday. Their arguments make little sense: since there’s now an underground parking garage, there really isn’t any problem finding a place to park or getting access to the museum.

Yet under pressure from the de Young folks, the mayor vetoed legislation last year to expand the road-closure program to Saturdays, saying he didn’t have enough information on how the program would impact traffic and parking in surrounding neighborhoods. He asked for a study; the study was done. As Steven T. Jones reported ("Unhealthy Politics," 3/7/07), the evidence clearly shows that road closures have minimal negative impacts on anyone.

Newsom’s response: nothing has changed. He’s still opposed to Saturday closures.

So either he was lying last year when he said he wanted more data or he’s ducking today when he says the study hasn’t changed his mind — or he’s just afraid that going against the will of the almighty de Young board will tarnish his political star with the movers and shakers in town. In the end, it doesn’t matter: the mayor apparently can’t be moved on this, and the only way Saturday road closures will happen is if eight supervisors — enough to override a mayoral veto — support Sup. Jake McGoldrick’s road-closure bill, which has been reintroduced and will be heard in committee soon.

The measure got seven votes last time, and since it’s highly unlikely Sups. Sean Elsbernd, Michela Alioto-Pier, or Ed Jew will defy the mayor, the swing vote is Sup. Bevan Dufty.

Last time around he voted to uphold Newsom’s veto, but now he says he’s keeping an open mind. Dufty has a strong tendency to support neighborhood programs and services, and it’s clear that most of the neighborhood people are behind road closures — and now that the city’s own study shows there are no associated parking or traffic problems, this ought to be an obvious one for him. Dufty should announce that he’ll support McGoldrick’s bill — and end this stalemate for good. *

A downtown tax for free buses

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EDITORIAL Free Muni is a great idea. It’s an even better — and more realistic — idea if the mayor is willing to support a tax on downtown office buildings to pay for it.

That’s what Mayor Gavin Newsom needs to be talking about — and if he doesn’t, the supervisors need to push the idea.

We’ve been calling for free Muni since at least 1993, when we ran a cover story explaining how the idea would work. It’s always made sense for San Francisco: eliminating bus fares would encourage more people to get out of their cars, which would eliminate traffic congestion, pollution, and safety problems and set a standard for fighting global warming. Without having to worry about fare collection, drivers could move the buses along faster (and pay more attention to driving). And the city would save a lot of money that’s currently spent collecting and counting fares and monitoring fare cheats.

Besides, as we pointed out back then, it’s a great economic boost for the city: if all the people who currently pay $45 a month for a fast pass could hold on to that money, millions of dollars in consumer spending would likely be pumped into local business.

But here’s the rub: Muni collects about $138 million in fares every year — and the system needs more money, not less. Free Muni will inevitably spur more ridership — that, after all, is the whole point — so the cost of operating the system will rise even further. The city doesn’t exactly have $138 million in extra General Fund cash to throw around. So there has to be a new source of revenue to fund this plan.

So far Newsom hasn’t said a word about that — which is all too typical. The mayor loves to advance all sorts of ideas without explaining how the city’s going to pay for them. And then, not surprisingly, a lot of his plans never go anywhere.

But in this case there’s an excellent way to make the numbers add up. For more than 30 years, San Francisco activists have been promoting the idea of a special tax district downtown, with revenue going directly to Muni. It’s got political and economic logic: a significant amount of Muni’s operational budget goes to ferrying workers to office buildings in the Financial District, and since those buildings tend to be vastly undertaxed (thanks to Proposition 13), the city ought to levy a special fee every year to help underwrite transportation.

San Francisco has about 80 million square feet of commercial office space in the central downtown core. An annual tax of as little as $2 per square foot would provide more than enough money to cover the cost of free bus service citywide. The money would come from those most able to pay — building owners and the (typically) large, wealthy businesses that rent downtown. The benefits would go to the (typically) less-wealthy people who ride the buses every day.

It’s green, it’s fair, it’s creative, it’s economically sound — all the things Mayor Newsom likes to talk about. All he has to do is announce a proposal to pay for free Muni with a downtown tax district, and his plan might actually have a chance of working. Since that’s unlikely, we urge the supervisors to take up the initiative: yes, let’s have free Muni — and let’s make downtown pay for it. *

The culprit’s perspective?

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By Steven T. Jones
Mayor Gavin Newsom is the culprit. He’s the elected official, the boss, the guardian of the public treasury, the guy asking for our continued trust, the only reason why anyone cares who Ruby Rippey-Tourk fucked.
Amid all the chatter about Newsom girlfriend Jennifer Siebel’s nasty comments about Rippey-Tourk, few people have keyed in to what strikes me as the most important revelation in all of this: Newsom appears to have lied when, upon admitting the affair, he proclaimed, “I am accountable for what has occurred.”
Newsom has proven himself anything but accountable since then. He has refused to answer questions about the incident or the alleged alcohol abuse treatment he’s chosen to seek, even as there have been new revelations about improper payoffs to Rippey-Tourk using public funds and ethical questions raised about his rehab.
Except for one softball television interview, Newsom has refused to field any questions on the subject from the public or media, acting like a wounded victim or a blind and deaf man whenever I or anyone else has tried to press the issue at public events (something we’re forced to do by Newsom’s refusal to hold regular press conferences). Absent that accountability, we’re left to sift through the tea leaves of his girlfriend’s extensive comments – which, it seems clear, are based on what Newsom has told her– to learn how Newsom really feels about Rippey-Tourk and his own culpability in the affair.
In other words, this is closest thing we’ve seen to Newsom’s true feelings about what happened (an account that Newsom has yet to disavow, going on three days later). And the results are not pretty, revealing Newsom to be a dishonest and dishonorable cad who still doesn’t have a clue as to what he did wrong.

Gavin girlfriend continues digging their grave

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By Steven T. Jones
As if Gavin girlfriend Jennifer Siebel’s woman-blaming comments in the Sunday Chronicle weren’t bad enough, you ought to check out her comment (assuming it is her, that is) to the SFist. It’s downright batty, not to mention even more vicious in its attack on Ruby Rippey-Tourk. My favorite part: “i am not going to blindly support a woman who has cheated on her husband multiple times and watch while my boyfriend is the only one who gets punished..and, what, for something a long time ago when the man was going through a crises- divorce, the loss of his mother, the pressures of being mayor, etc. and he was vulnerable and lonely? and, what’s your definition of affair? he’s been so hurt by this all — personally and professionally- and it was a few nothing incidents when she showed up passed out outside of his door. come on guys, have a heart. I have tried to see Ruby’s side of the story but unfortunately everyone near to her has stories and says she is bad news.”
Just think about the many, many implications of that one for a second. The mind reels.

SF Port to Vote (and maybe cash in) on the Trans Bay Cable

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By JB Powell

Tomorrow could be ‘show me the money’ day for the SF Port Commission. Commissioners there will vote on the Trans Bay Cable, a privately financed, $300 million power cord that would run underwater from Pittsburg. For weeks, staff members from the port as well as various other city agencies have been hammering out the details of a community benefits package with the cable’s developer, Australian financial firm, Babcock and Brown. The Guardian has obtained a staff report with details of the proposed benefits package. Several officials had already told us it was “significant” and they were right. If the deal goes through, the port will reap millions in rent and licensing fees, a needed cash-infusion for the strapped agency. The package also includes hefty sums for waterfront open space and, in perhaps the biggest news for the city, millions of dollars for the SF Public Utilities Commission. The SFPUC plans to use the funds to bankroll sustainable energy projects, including solar, wind, and tidal initiatives.
Why the largesse? Many of the cable’s shore-side facilities would be on port land. That means Babcock and Brown needs port commission approval before the project can move on to the last local regulatory step, the Board of Supervisors. If the cable goes through, it would plug the city’s electrical grid into 400 megawatts of power from plants in and around Pittsburg. But green power advocates claim the “59 mile extension cord” would be a “waste of resources.” Their biggest fear is that bringing all those relatively cheap megawatts into the city from fossil-fuel burning plants across the bay will derail the city’s plans to rely on more eco-friendly energy.
But the California Independent System Operator (Cal-ISO) insists the city needs the cable or it will see blackouts in the future. Cal-ISO is the “public benefit corporation” in charge of the state’s grid. Sources in and around city hall have described the bind local leaders are in: they would rather look to greener power projects to solve the city’s energy needs, but electricity can be the third rail of California politics. Just ask Gray Davis. So, in an attempt to have their megawatts and eat them too, staff from the mayor’s office and several supervisors, as well as the port and SFPUC, pushed hard for the best “benefits package” they could get from the developer. It remains to be seen if the money for renewable energy projects will placate the activist community. Stay tuned to the Guardian for more coverage on the issue in the coming weeks.

SF Port to Vote (and maybe cash in) on the Trans Bay Cable

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By JB Powell

Tomorrow could be ‘show me the money’ day for the SF Port Commission. Commissioners there will vote on the Trans Bay Cable, a privately financed, $300 million power cord that would run underwater from Pittsburg. For weeks, staff members from the port as well as various other city agencies have been hammering out the details of a community benefits package with the cable’s developer, Australian financial firm, Babcock and Brown. The Guardian has obtained a staff report with details of the proposed benefits package. Several officials had already told us it was “significant” and they were right. If the deal goes through, the port will reap millions in rent and licensing fees, a needed cash-infusion for the strapped agency. The package also includes hefty sums for waterfront open space and, in perhaps the biggest news for the city, millions of dollars for the SF Public Utilities Commission. The SFPUC plans to use the funds to bankroll sustainable energy projects, including solar, wind, and tidal initiatives.
Why the largesse? Many of the cable’s shore-side facilities would be on port land. That means Babcock and Brown needs port commission approval before the project can move on to the last local regulatory step, the Board of Supervisors. If the cable goes through, it would plug the city’s electrical grid into 400 megawatts of power from plants in and around Pittsburg. But green power advocates claim the “59 mile extension cord” would be a “waste of resources.” Their biggest fear is that bringing all those relatively cheap megawatts into the city from fossil-fuel burning plants across the bay will derail the city’s plans to rely on more eco-friendly energy.
But the California Independent System Operator (Cal-ISO) insists the city needs the cable or it will see blackouts in the future. Cal-ISO is the “public benefit corporation” in charge of the state’s grid. Sources in and around city hall have described the bind local leaders are in: they would rather look to greener power projects to solve the city’s energy needs, but electricity can be the third rail of California politics. Just ask Gray Davis. So, in an attempt to have their megawatts and eat them too, staff from the mayor’s office and several supervisors, as well as the port and SFPUC, pushed hard for the best “benefits package” they could get from the developer. It remains to be seen if the money for renewable energy projects will placate the activist community. Stay tuned to the Guardian for more coverage on the issue in the coming weeks.

“The woman is the culprit”

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By Steven T. Jones
Omigod. Like, omigod. Where do I even begin to dissect the comments by Gavin girlfriend Jennifer Siebel in today’s Chronicle Style section profile ? Let’s start with the money quote: “the woman is the culprit,” which she spoke in reference Ruby Rippey-Tourk, who had sexual relations with the mayor even though she was his employee and the wife of his right hand man. To be fair, maybe Siebel didn’t realize that she is the first Newsom proxy to attack Rippey-Tourk in print, something many journalists and women’s groups feared might happen in the election year. Because in reading this profile, she seems to be perfect for Newsom in several key ways: she’s gullible, good-looking, well-born, and not terribly smart. But that isn’t even the most interesting revelation in this article, which is that this relationship (which she claims is already “love” after six months) was arranged by Newsom’s political advisors (“after running a background check, one of the mayor’s staffers invited her”) and the Wilsey family (who is leading the oppositon to Healthy Saturdays and has convinced Newsom to oppose it) just as the news of Newsom dating a 20-year-old hostess broke and when the Rippey-Tourk affair was heading in that direction.

The kimono photo is real …

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By Tim Redmond

Or so says the person who took it.

Remember: I was given a print of the photo of Newsom in a pink kimono with alleged stalker Han Shin from someone who says he got if directly from Shin. I had no idea who took it. But the photographer just came forward and called me. I can’t use his name, but here’s the story he tells (and it rings true).

The photo was taken at Sup. Bevan Dufty’s campaign kickoff. Newsom was there, wearing a Dufty t-shirt over his dress shirt. Han Shin showed up and presented Dufty with the kimono. Dufty tried it on, then Shin took it over to Newsom and draped it over the mayor’s shoulders. Then Shin handed his little camera to a person on the scene — the one who just called me — and that person snapped the pic.

It wasn’t a high-quality camera and there were lots of sources of light on the scene, which explans the weird shadow patterns.

For the record, the person who called me has a history in local politics and no reason to make this up.

Free Muni: You read it here first

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Tim Redmond

I’m glad to see the Mayor Newsom is looking into free bus service. It’s a great idea, even if, as Leftinsfnotes, it’s probably just a political ploy in an election year. And even if the Chron is already already trying to shoot it down.

When I first saw the headlines, I had one of those flashback moments; I realized that we’d already done this story, a long time ago. In fact, it was December, 1993 when the Guardian ran a cover story on the case for Free Muni. I dug it up from our archives; you can read it here.

28.09cover.jpg

Back then, the local economy was kind of a wreck, and beyond the environmental arguments, we wanted to make the case that eliminating bus fares would give the mostly working-class folks who ride the buses more moneny in their pockets, which would be a nice economic boost. The way to pay for it, of course, would be to tax downtown (making this a transfer of wealth from the rich to the poor, one of my favorite things in the world).

I don’t think Newsom is even looking at the economic arguments, but he should.

He also isn’t calling for a downtown transit tax increase to pay for this, either — but that’s the way to do it. Put the whole thing on the ballot — free Muni, paid for by, say, a $150 million annual assessment on downtown buildings. That might even win. Would Newsom support it?

The sunshine posse

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› amanda@sfbg.com

On Saturday mornings, with roughshod regularity, a handful of San Franciscans gather at the Sacred Grounds Cafe on Hayes Street to swap strategies and catch up on their political triumphs and setbacks. They don’t look like a powerful bunch, and they aren’t household names, but they’re changing the way the city handles public records, meetings, and information.

All of these folks started with one simple request for what ought to have been public information. All of them ran into a stone wall. They eventually found one another at hearings in front of the Sunshine Ordinance Task Force, where they took their cases and debated the minutiae of the law that grants them access to what they’re looking for.

For Wayne Lanier, it started with a $600 tax for neighborhood beautification. James Chaffee and Peter Warfield were seeking reform at the San Francisco Public Library. Kimo Crossman wanted more transparency in the city’s wi-fi deal with Google-EarthLink. Michael Petrelis was trying to find a keyhole into local nonprofit AIDS agencies. Allen Grossman thought the city’s attorneys should shelve their redactive black ink. And Christian Holmer — he just considers sunshine a part of his job.

They’ve been working together loosely during the past year or so — and in most cases, they’ve won. Their ongoing battles also show how the city’s laws and practices badly need reform.

Collectively, the sunshine crew considers the issue of metadata its biggest victory of the year (see "The Devil in the Metadata," 11/15/06), because it forced city officials to abandon their fear of the unseen electronic data that is generated whenever they hit send or open a new word-processing document.

Paul Zarefsky, a deputy city attorney with the City Attorney’s Office, argued that electronic documents could be rife with redactable goods and hackers could use this data to crack into the city’s server. According to him, this was ample reason to only release public information as a paper document or a PDF. The sunshine activists said this was an environmental waste and a very un–user friendly format in this age of electronic searches. The task force and Rules Committee of the Board of Supervisors agreed, found the city attorney’s arguments specious, and demanded agencies follow the letter of the law and release documents in an electronic format.

Some departments still aren’t doing that, which is a problem these citizens have discovered: the Sunshine Ordinance, though very good, could be much better and is overripe for reform.

The ordinance, adopted by voters in 1993, grants San Franciscans far more traction and power than the federal and state open-records laws by setting deadlines and offering the forum of the task force for addressing complaints when documents are not forthcoming.

When a citizen makes a request for a public document, it’s often because somebody sees something from the kitchen window while washing dishes and says, "Huh, I wonder what’s going on."

For Wayne Lanier, that moment came when he received a bill from the city for $600 after he improved the sidewalk and installed some planters in front of his house on Fell Street. Lanier had gone through the proper planning and permit process and was confident everything he’d done was within the law. So why was he being fined?

With a little research, Lanier discovered that an ordinance, recently passed by the supervisors at the urging of the mayor, inadvertently took into account sidewalk fixtures such as planters when taxing property owners and merchants for putting up signs and cluttering rights-of-way. Lanier began to research how the law came to pass.

"I was told there were various meetings with the mayor," Lanier said. "I didn’t know when they were. So I started using the Sunshine Ordinance as a means to getting the mayor’s calendar. First I wrote a rather chatty letter asking for it, and there was no response. So I wrote a more formal request and also said maybe you ought to make your calendar public. The governor of Florida’s done it. It’s quite easy to do."

But it wasn’t easy for room 200. Lanier filed his original request March 3, 2006. A year later he has not received what he asked for. He’s been told by the Mayor’s Office of Communications that the calendar can’t be released because it tells exactly where Gavin Newsom is supposed to be and who is going to be protecting him. Lanier has urged the office to make the document public at the end of each week, once security concerns have passed. That hasn’t happened.

In addition to losing portions of the mayor’s calendar during a staff turnover and heavily redacting the few calendar items it has made available, the Mayor’s Office has not set or followed a policy regarding public access to this public document. But Lanier’s original request has not been dropped. Christian Holmer picked it up.

Holmer is sunshining for sunshine. A manual laborer by day, Holmer’s been a longtime resident of the Haight-Ashbury neighborhood and became volunteer coordinator of the San Francisco Survival Manual, a manifestation of the 40-year-old Haight Asbury Switchboard, once a clearinghouse of services and information for city residents. The modern-day equivalent is part of a public information pilot project approved in 2004 with the support of 10 members of the Board of Supervisors that encourages the sharing of all city documents in an open forum. Holmer makes regular and massive requests for all manner of information from a variety of agencies, urging them to employ the technological ease of e-mail to send him documents as soon they’re created by the city — in effect, CCing him on everything.

Holmer says the point is not only to compile a library of city documents but to establish best practices for the agencies that are supposed to provide information when the public requests it. By encouraging this free flow of information that takes, according to him, only a few keystrokes and mere seconds to disseminate electronically, Holmer hopes a culture of openness is being cultivated.

"You push a department to a certain level of compliance, and it raises all the boats," Holmer said.

James Chaffee began seeking public information about the San Francisco Public Library in 1974, long before the Sunshine Ordinance was born. The tall, professorial man has a habit of employing erudite references from literature, philosophy, and film in his regular newsletters decrying the secret actions of the Library Commission. His writings have received attention and acclaim in the national world of library news.

"The original library commissioners would be shocked if they could see the openness that exists now," Chaffee says.

He’s pushed for more weekend library hours and successfully brought enough attention to block the public library’s plans to purchase costly and suspicious radio-frequency identification tags and grant the task of collecting overdue fees to a debt agency.

Peter Warfield, executive director of the Library Users Association, and Lee Tien of the Electronic Frontier Foundation, picked up the radio-frequency issue and ran with it, making public records requests that might substantiate the library’s argument that thousands of dollars in workers’ compensation claims for repetitive stress injuries would be remedied by an investment in the expensive new technology.

The library wouldn’t turn over any documents, so Tien and Warfield went across the bay to Berkeley, which doesn’t have a Sunshine Ordinance (though the city is currently working on one). The Berkeley Public Library gave enough information to fully debunk the claims. Of more than $1 million spent on five years of workers’ comp, just 1 percent was for repetitive stress injuries. The Chaffee-Warfield-Tien efforts halted a nationwide move toward employing this potentially privacy-invading technology.

Then there’s Kimo Crossman.

Crossman is regularly criticized for his public records requests, which some city agencies feel are voluminous and burdensome. "I’ve had to stop the office a couple times. There are 300 people in this office," said Matt Dorsey, spokesperson for the City Attorney’s Office, which receives almost daily requests or reminders of requests from Crossman, the length and breadth of which bring some city departments to their knees.

Technology is Crossman’s interest, and he made his first public records request of the Department of Telecommunications and Information Services in September 2005, for contracts and related documents between the city and Google-EarthLink.

"As an interested citizen, I wanted to participate in the wi-fi initiative," Crossman told us. He received his request — with 90 percent of the information redacted. The DTIS claimed attorney-client privilege and the need to protect proprietary information to keep Crossman from seeing more than a fraction of the data.

Even though a specific section in the Sunshine Ordinance allows for the release of a contract when there are not multiple bidders and today the deal is strictly between the city and Google-EarthLink, the DTIS still refuses to hand over the documents Crossman wants. DTIS spokesperson Ron Vinson continues to cite the advice of the City Attorney’s Office.

The city attorney’s relationship with sunshine is a problem, according to Allen Grossman, a retired business lawyer. Grossman’s requests for information have transcended their original intent — some Department of Public Works permits for tree removal near his home on Lake Street. They have become an inquiry into why so many departments regularly employ the City Attorney’s Office to represent them when it’s a direct violation of section 67.21(i) of the Sunshine Ordinance. That section states the city attorney "shall not act as legal counsel for any city employee or any person having custody of any public record for purposes of denying access to the public." The public lawyers are permitted only to write legal opinions regarding the withholding of information, which must be made public.

"The whole purpose of that section was to level the playing field and get the lawyers out of it," said Grossman, who says the office ghostwrites letters denying access, putting citizens who may not have legal counsel to advise them at an unfair advantage. It’s not in keeping with the spirit of the law.

Dorsey defends City Attorney Dennis Herrera, pointing out that deputy city attorneys no longer represent departments at the task force when there’s a complaint. They’re still writing those letters, though.

"When we give advice on sunshine, it’s a matter of public record. We will prepare a written cover-your-ass statement," Dorsey said. "To some we would appear as the bad guy, but I yield to no one on our commitment on sunshine in this city."

Bruce Wolfe, a task force member who’s seen scores of departments employ the ghostwriting tactic, said, "There is one area that concerns me greatly — the use of attorney shield. The question is what is the city attorney’s role? The advice is important because that’s something every other department can use, but it shouldn’t just be some way to squiggle out of providing records."

Dorsey related a recent case in which KGO wanted access to Muni documents that identified the names of operators. "We provided the documents, but we redacted the names. If we lose to KGO in front of the task force, we have to turn over docs. If we lose to a court that finds we violated privacy, we’re on the hook for potential substantive damages. These results can get very expensive for taxpayers. There’s an act of balance that has to occur."

Many task force members, activists, and citizens agree that the ordinance and task force are wonderful tools but still lack the necessary bite. The task force has no power to review documents and determine if a department’s secrecy claims are true. And when a department is found in violation, there are no specific fines or penalties that the task force can levy.

But some are still happy the body even exists. "We have a great Sunshine Ordinance Task Force," said Michael Petrelis, who has been trying to find information about local AIDS nonprofits and advisory boards that are usually exempt from public records law — unless they receive city funding. Petrelis found that avenue into these organizations, and when they don’t comply with records requests it’s still a boon for him, because filing a complaint requires them to come and be accountable in front of the task force, an open hearing that Petrelis can also attend. "I have learned so much at those meetings, just observing," Petrelis said. "The task force process is so valuable in all its beautiful permutations." *

Guardian, ACLU seek ICE records

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The Bay Guardian, the ACLU of Northern California and the Lawyers Committee for Civil Rights have filed a Freedom of Information Act request seeking documents related the recent immigration raids in California.

The detailed request asks for a long list of documents explaining “Operation Return to Sender,” an Immigration Customs and Enforcement crackdown that had led to 13,000 arrests nationwide.

“Some of the abusive practices reported extensively in the press include: illegal entries and searches by ICE agents, misidentification of ICE agents as member of local police forces, inappropriate tactics related to children including conducting round-ups near schools and leaving minor children unattended upon their parents’ arrest, ethnic profiling, violations of due process and abusive treatment,” an ACLU press release notes.

“When the Mayor of Richmond describes the ICE raids as imposing a ‘state of terror’ and parents are afraid to send their children to school, civil rights organizations must investigate possible civil rights violations,” said Julia Harumi Mass, staff attorney of the ACLU-NC. “The first step is to see all the records regarding the planning and implementation of Operation Return to Sender in northern California.”

The Guardian has worked with the ACLU in the past on federal FOIA requests, most recently seeking information about clandestine Pentagon spying on local peace groups.

Below is the press release:

ACLU Seeks Records on Immigration Enforcement Actions
in Northern California

Groups Investigate Possible Civil Rights Violations

SAN FRANCISCO – The ACLU of Northern California, the San Francisco Bay Guardian, and Lawyers’ Committee for Civil Rights of the San Francisco Bay Area filed a Freedom of Information Act (FOIA) request today seeking records reutf8g to recent enforcement actions conducted by U.S. Immigration Customs and Enforcement (ICE). The ACLU-NC has requested expedited processing because of the urgency of this issue to members of several northern California communities.

The ACLU-NC is seeking documents regarding the recent ICE actions undertaken as part of “Operation Return to Sender” in Contra Costa, San Mateo, Santa Cruz, San Benito, San Francisco, and Fresno counties to name a few. Operation Return to Sender was launched in May 2006 and has led to the arrest of at least 13,000 people nationwide.

Some of the abusive practices reported extensively in the press include: illegal entries and searches by ICE agents, misidentification of ICE agents as member of local police forces, inappropriate tactics related to children including conducting round-ups near schools and leaving minor children unattended upon their parents’ arrest, ethnic profiling, violations of due process and abusive treatment.

“When the Mayor of Richmond describes the ICE raids as imposing a ‘state of terror’ and parents are afraid to send their children to school, civil rights organizations must investigate possible civil rights violations,” said Julia Harumi Mass, staff attorney of the ACLU-NC. “The first step is to see all the records regarding the planning and implementation of Operation Return to Sender in northern California.”

The ACLU has reviewed a number of complaints concerning ICE conduct that raise serious concerns about racial profiling and other constitutional violations. Finding out the truth about the raids—which are reportedly resulting in the arrest and deportation not only of “fugitives” with criminal histories, but many residents whose only unlawful actions relate to being in the country without authorization—is particularly important as Congress takes on the question of how to address the vast numbers of undocumented immigrants who currently live and work in the United States.

“If the federal government is going to spend taxpayers dollars on a very questionable enforcement action, the public has the right to know the details of how it was implemented — and particularly how local law enforcement agencies in cities like San Francisco, which has a policy of not co-operating with ICE, were involved,” said Tim Redmond of the San Francisco Bay Guardian.

Mass added: “We are seeking expedited processing because of the urgency of this issue. ICE enforcement actions have been widely reported in the press and have raised serious concerns about federal misconduct. The reports have caused widespread anxiety in communities throughout northern California.” If expedited processing is granted, the ACLU FOIA request would be processed “as soon as practicable,” and prior to the agency’s large backlog of less urgent requests.

The Lawyers’ Committee for Civil Rights is accepting calls from members of the public who believe they were victims of abusive and unlawful ICE enforcement tactics. The ACLU-NC will be working with the Lawyers’ Committee for Civil Rights to evaluate information from the public as part of their investigation into the raids.

For a copy of the FOIA visit www.aclunc.org.

The honeymoon is over

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Update: That alert bunch over at the SFist has raised questions about whether the photo that we published this week of Mayor Gavin Newsom (wearing a pink honeymoon kimono) and his alleged stalker Han Shin was real or altered — and we’re kinda curious about that ourselves. As we acknowledged in the paper, we got it from a source who got it directly from Shin, so we can’t verify its authenticity. But maybe you can? Is is a real photo? Or if not, which are the fake parts? Are they really together? Is Newsom really wearing a pink honeymoon over a Reelect Bevan Dufty T-shit over what looks like a business shirt?
No matter what the conclusions, we’re still glad that we published the photo, which is either real or was faked and being passed around by Shin. Either way, weird stuff. Post your thoughts below.

The Honeymoon is over
By Tim Redmond

Poor Gavin Newsom: it’s tough to be a globe-trotting, movie star–dating celebrity mayor with a lingering sex scandal … and now a stalker. But not just any stalker — Han Shin, assuming the above photo is real (we got it from a trusted source who said he got it directly from Shin), once got the mayor to pose with him in a pink honeymoon kimono.

Shin, according to police accounts, has a troubled history: the San Francisco Chronicle reported that he allegedly threatened to kill his 76-year-old mother, who said that her son was dangerous whenever he stopped taking his medication.

Shin is also accused of shining a laser into a prosecutor’s eye during a court hearing. He was arrested by San Ramon police Feb. 28 for allegedly burglarizing the home of a man officers believe he had been in a relationship with and repeatedly trying to run over the guy’s roommate with his car.

Shin told the Chron that only the cops think he’s crazy and that he’s stopped taking his meds. He says he wears purple latex gloves because purple is the color of divinity and royalty. The city got a restraining order against him after he showed up in the lobby of Newsom’s apartment building.

The man apparently has a thing for Newsom: a Bay Area Reporter story this week says that "reports have also noted that Shin has attempted to flirt with the mayor and was seen photographing Newsom from the waist down at a recent public meeting the mayor held in the Bayview."

He kind of likes Sup. Bevan Dufty too: the supervisor says he met Shin last year when he was running for reelection and the man gave him a raspberry kimono — perhaps similar to the one Newsom is wearing in this photo. Again, the BAR: "Asked if Shin identified as gay, Dufty said, ‘He is like a cross between Liberace and Hello Kitty. He is out of his gourd.’ "

Interestingly, in the photo we were given, Newsom is wearing a Dufty campaign T-shirt under his kimono.

James Madison Freedom of Information Award Winners

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The Society of Professional Journalists’ Northern California Chapter has been handing awards for 22 years to journalists, educators, public officials, and citizens who best exemplify the importance of open and accountable government and a free and diligent press. And every year the Guardian recognizes the winners and helps highlight the important issues that they raise for the Bay Area and beyond. Here are this year’s winners:

Norwin S. Yoffie Career Achievement Award

ROWLAND "REB" REBELE


Three few years ago the Oakland Unified School District announced that, due to budget constraints, it was shutting down all the student-run newspapers in the district. Rowland "Reb" Rebele lives in Aptos, but he read about the shutdown in a San Francisco Chronicle column.

He picked up the phone, made some calls, and found out the situation was desperate and how much money was needed. He then wrote a check sufficient to resurrect the student newspapers for a year. Then he kept on writing checks to keep the papers going last year and again this year. This was typical of Rebele. No one asked him for help. He received virtually no acknowledgment for his gift. But his timely action turned the lights back on for fledgling newspapers that were out of money and, it seemed, out of luck.

Rebele is a First Amendment mensch (a description that James Madison, had he any familiarity with Yiddish, would have approved of). In his half century of publishing community newspapers that he owned and operated in Coalinga, Chula Vista, and Paradise in California and across the country, he was energetic, inspiring, and devoted to his readers and his communities, and a demon in pushing for open government and accountability. He pursued the same policies as a stalwart for half a century in the California Newspaper Publishers Association and as an activist president who brought key reforms and exceptional leaders to the organization.

Rebele has been a director of the California First Amendment Coalition for a decade. He quickly became the one truly indispensable member of the organization, pushing it, pulling it, holding it together, and cajoling it to broaden its activities because he felt the organization and its mission were vital.

He has also launched an innovative internship program at Stanford University. Rather than just give money to the school, he and his wife, Pat, created a program that has enabled dozens of students to get hands-on experience writing for real newspapers in California. Quietly and selflessly, Rebele has spent his newspaper career fighting the good fight for First Amendment and public interest principles. (Bruce B. Brugmann)

Beverly Kees Educator Award

ROBERT OVETZ


Art Institute of San Francisco instructor Robert Ovetz was fired after he criticized the administration for confiscating a magazine his students produced for his class last December.

Ovetz, who had taught at the institute for three years, told his students to create a "culturally critical" magazine as their final project for a cultural studies class he taught last fall. They produced a 36-page zine called Mute/Off.

Less than 24 hours after he and students distributed 500 copies of the magazine, which Ovetz printed with the institute’s copy machine, most were gone. Ovetz initially attributed their disappearance to popularity, but he soon learned from students that the administration of the school, which was purchased by Goldman Sachs and General Electric last year, had removed them from its campuses and even literally pulled them out of students’ hands.

"This is an example of how a corporation is not held accountable for upholding basic constitutional rights [to] free speech. This is a private company that’s operating as an institution of higher learning," Ovetz told the Guardian. "Its only interest is its bottom line, and its bottom line is profit."

Ovetz complained to the administration about vioutf8g the students’ freedom of speech and received his pink slip Dec. 20, 2006. Dean of Academic Affairs Caren Meghreblian told Ovetz the magazine possibly violated copyright law by reproducing corporate logos without permission and had grammatical errors. She also said a story in the magazine called "Homicide," about three white kids playing a video game as black gangsters, might be racist.

After Ovetz and students complained and the media reported the story, the administration allowed students to redistribute the magazines, but it still refuses to give Ovetz his job back. (Chris Albon)

To size up the magazine yourself, visit www.brandedmonkey.com/muteOffLowRes.pdf.

Citizen

RYAN MCKEE


The object of the California Public Records Act is to ensure the people’s right to know how their state and local governments are functioning. Newspapers are often the entities that test the limits and loopholes of the law. But in January 2006 an 18-year-old college student, Ryan McKee, undertook an audit of each of the 31 California state agencies that was the first of its kind. McKee tested how these agencies, which he personally visited, responded to simple requests to view and get copies of readily available public documents. The results revealed a disturbing pattern. Several agencies performed miserably, including the Department of Justice, which counsels and represents many other state agencies on the Public Records Act, and all of the agencies violated at least one aspect of the law. Common problems included asking for identification, making illegal charges, and taking longer than allowed to release information. McKee undertook the audit while volunteering for Californians Aware, a nonprofit where his father, Richard McKee, is president. A copy of the audit, including its results and grades, was sent to each agency to help it better understand and adjust to its responsibilities. (Sarah Phelan)

Journalists

MICHELE MARCUCCI AND REBECCA VESELY, ANG NEWSPAPERS


ANG Newspapers regional reporters Rebecca Vesely and Michele Marcucci are being honored for the series "Broken Homes" and their unflinching pursuit of public records that exposed negligent care administered to people with autism and other forms developmental disabilities. The series highlighted problems ranging from a lack of proper supervision to unlicensed officials working at health care facilities. Some of these offenses were then linked to patient deaths.

The award recognizes the daunting and tedious task that befell the journalists: 15 months of scouring thousands of hard-copy papers from dozens of sources that included licensing agencies, multiple law enforcement bureaus, and coroner’s offices. The results were entered into a database and cross-checked against other sources of information.

"It’s not like we work at the New York Times, where you can lock yourself in a room for a year. This is one-stop shopping here," Marcucci told the Guardian, noting that both reporters continued their daily beats while working on the project. The series was well received and helped prompt state officials to reinstate inspections of licensed facilities that had been eliminated due to budget cuts. (Christopher Jasmin)

ANDREW MCINTOSH AND JOHN HILL, SACRAMENTO BEE


Two reporters from the Sacramento Bee, Andrew McIntosh and John Hill, get Freedom of Information props for exposing the cronyism and the corruption of the California Highway Patrol.

The two wrote a series of articles detailing how the CHP violated state and department regulations in awarding contracts for items ranging from pistols to helicopters.

"The CHP spends hundreds of millions of dollars each year on equipment and goods," McIntosh told the Guardian. "That’s taxpayer money."

McIntosh said he and Hill took a systematic look at the department’s bidding process and found it was not competitive. The investigation led to the suspension of one officer, Gregory Williams, who the reporters found had awarded $600,000 worth of contracts to his daughter’s company for license plate scanning devices, $500,000 of which was canceled after the reporters exposed the scandal.

The reporters also found the CHP, which controls signature gathering at the Department of Motor Vehicles and other state buildings, denied more than 100 applications for permission to register voters or solicit signatures. Other stories pushed Senate majority leader Gloria Romero and Assemblymember Bonnie Garcia to call for a state audit of the CHP.

McIntosh told us the investigation showed "the CHP is not above public scrutiny or the law when it comes to business dealings." (Albon)

MEERA PAL, CONTRA COSTA TIMES


A good mayoral race isn’t really fun unless a bit of scandal emerges, like it did in Pleasanton two weeks before the November 2006 election.

Meera Pal decided to research the roots of a story that was handed to her by city council member Steve Brozosky, who was challenging incumbent mayor Jennifer Hosterman. Brozosky gave Pal e-mails his campaign treasurer obtained through open-records laws that showed Hosterman may have used her city e-mail account to solicit campaign donations and endorsements, a violation of state law.

But Pal went beyond Brozosky’s story and submitted her own public records requests for the city e-mail account of the mayor, as well as a year’s worth of e-mail from Brozosky and the three other council members.

Pal’s public records request revealed that Brozosky’s inbox was completely void of any e-mail, something neither he nor the city’s IT manager could explain. Brozosky is a computer expert who runs a company that vends city Web site software, so his technical expertise made the situation even more suspicious.

Investigations revealed it was just a setting on his computer that was inadvertently scrubbing the e-mail from the city’s server. Though both violations aren’t necessarily serious crimes, the race was close enough that dirt on either side could have had a profound impact on the outcome, and the results show 68,000 voters who were truly torn during the last two weeks before election day while Pal was reporting these stories. Hosterman eventually won by just 188 votes. (Amanda Witherell)

SUSAN SWARD, BILL WALLACE, ELIZABETH FERNANDEZ, AND SETH ROSENFELD, SAN FRANCISCO CHRONICLE


In the wake of 2003’s so-called Fajitagate police scandal — in which San Francisco officer Alex Fagan Jr. and others were accused of assaulting and then covering up their alleged vicious beating of innocent citizens — the San Francisco Chronicle uncovered records showing that Fagan’s short history on the force was marked by regular incidents of abusive behavior, the kind of records that should have served as a warning for the problems to come.

"We decided to take a look to see how common it was. And we spent a lot of time doing that," Steve Cook, the Chronicle editor of what became last year’s five-part "Use of Force" series, told the Guardian. The team used the Sunshine Ordinance to gather boxloads of records on use-of-force incidents, which it organized into a database that was then supplemented and cross-referenced with a wide variety of other public records, along with old-fashioned shoe leather reporting, all the while fighting through bureaucratic denials and delays.

Despite an embarrassing mislabeled photo on the first day of the series that served as fodder for attacks by the Police Department and Mayor’s Office, the series made clear that rogue cops were abusing their authority, totally unchecked by their supervisors. "We were proud of what we were able to show," Cook said. "We showed a department in need of some basic reforms."

The series helped spur the early intervention system that was recently approved by the Police Commission. It’s a good first step, but one criticized by the Chron and the Guardian for failing to include some key indicators used in other cities (see our editorial "Fix Early Warning for Cops," 2/28/07), something that Cook said requires ongoing vigilance by the press, to bring about needed reforms: "Only the news media is really going to accomplish this, if they stay with the story." (Steven T. Jones)

Legal counsel

DAVID GREENE


The First Amendment was never about money. Free speech is supposed to be free. But these days threats to the First Amendment are growing, more and more people who lack the resources of a major media outlet are in need of help — and there aren’t many places dedicated to offering that assistance, free.

That’s where David Greene and the First Amendment Project come in.

Since 1999, as a staff attorney and executive director, Greene has helped dozens of freelance journalists, students, nonprofit organizations, and independent media outlets protect and expand their free speech and open government rights.

The operation he runs is totally independent. That’s a key point in an era of massive media consolidation: when the Guardian sought earlier this year to find legal representation to force open the key records in a lawsuit over Dean Singleton’s local newspaper merger, we found that just about every local media law firm represented at least one of the parties to the case and thus was conflicted. The FAP was not.

Greene and the FAP have represented blogger Josh Wolf and freelancer Sarah Olson in landmark subpoena cases. Greene, with the American Civil Liberties Union of Northern California, wrote the amicus brief on behalf of noted literary artists in the California Supreme Court case In re George T., in which the court, relying heavily on the FAP brief, overturned the conviction of a juvenile who made threats to other students with a poem. And the struggle just goes on. The FAP is funded largely by private donations and always needs additional support.

"Unfortunately," Greene told us, "we have to turn away a lot more cases than we can take." (Tim Redmond)

News media

SAN JOSE MERCURY NEWS


After years of last-minute backroom deals at San Jose’s City Hall, things came to a head when the City Council rubber-stamped proposals to give a $4 million subsidy to the San Jose Grand Prix, $80 million for a stadium to keep the Earthquake soccer team from leaving town, and $45 million for new City Hall furniture.

Clearly, something had to give. But it was left to San Jose Mercury News editorial writers to push for transparent and accessible government and better enforcement of the state’s open government laws.

First they shamed the city, pointing out that "San Francisco, Oakland, even Milpitas have better public-access laws." Next they hammered then-mayor Ron Gonzales for saying that calls for more open government were "a bunch of nonsense." Then they printed guiding principles for a proposed sunshine ordinance that they’d developed in conjunction with the League of Women Voters and Mercury News attorney James Chadwick.

When city council member Chuck Reed was elected mayor on a platform of open government reforms, the paper still didn’t give up. Instead, it’s continuing to champion the need to bring more sunshine to San Jose and working with a community task force on breaking new ground, such as taping closed sessions so they can one day be made available when there’s no further need for secrecy.

Somehow the Merc also managed to pull off another amazing feat: the paper built public understanding of and support for sunshine along the way. (Phelan)

SAN MATEO COUNTY TIMES


When outbreaks of the highly contagious norovirus sprang up in a number of California counties, San Mateo County was among those hit. Public health officials, however, would not release the names of the facilities where numerous individuals became infected, citing concerns about privacy and not wanting to discourage facility managers from contacting health officials.

Nonetheless, the San Mateo County Times ran a series of reports on the outbreaks in the named and unnamed facilities. After publishing reports on unnamed facilities, the news staff began to receive phone calls from residents who wanted to know the names of the facilities. Times reporter Rebekah Gordon told us it became clear that the public wanted to know this information, and the paper fought the county’s secrecy.

Gordon learned that facilities are required by law to report outbreaks, regardless of the potential for media exposure. Times attorney Duffy Carolan sought out and won the disclosure of the names of four facilities.

"The county’s initial nondisclosure decision evoked public policy and public safety concerns at a very broad level, and nondisclosure would have had a very profound effect on the public’s ability to obtain information that affects their own health and safety. By persisting in the face of secrecy, the Times was able to establish a precedent and practice that will well serve to inform their readers in the future," Carolan told us.

The paper learned the outbreak was far more widespread than the county had admitted, finding 146 cases in six facilities. Gordon said, "The numbers were so much higher than we were ever led to believe." (Julie Park)

Online free speech

JOSH WOLF


Even as he sits inside the Federal Correctional Institute in Dublin, where he’s been denied on-camera and in-person interviews, jailed freelance journalist Josh Wolf manages to get out the message. Last month Wolf, who is imprisoned for refusing to give up video outtakes of a July 2005 anarchist protest in the Mission that turned violent, earned a place in the Guinness World Records for being the journalist to have served the longest jail term in US history for resisting a subpoena.

His thoughts on the agenda behind his incarceration were read at press conferences that day, reminding everyone of the importance of a free press. Meanwhile, Wolf has managed to continue operating his blog, www.joshwolf.net, by sending letters to family, friends, and fellow journalists, including those at the Guardian.

Wolf has also managed to create two other Web sites: www.mediafreedoms.net, which supports journalists’ resistance to government pressure, and www.prisonblogs.net, which allows prisoners to air thoughts and grievances. If Wolf can do all this from behind bars, imagine what he’ll do when he finally gets out. As Wolf would say, if we could only speak to him without reserving a phone interview 48 hours in advance: "Free press? Then free Josh Wolf!" (Phelan)

Public official

JOHN SARSFIELD


As district attorney for San Benito County, John Sarsfield upset the political applecart when he tried to prosecute the County Board of Supervisors for ignoring the Brown Act’s prohibitions on private communication and consensus building among board members on matters that involved employment decisions, personnel appeals, contracting, and land use–growth control issues.

His decision didn’t sit well in a county where battles over the future of the land have spawned Los Valientes, a secret society that has targeted slow-growth advocates and anyone who gets in its way — including believers in open government. So the board retaliated by defunding Sarsfield’s office, forcing the DA to file for a temporary restraining order against the board, the county administrative officer, and the county auditor, a countermove that kept his office operating and the investigation alive — until he lost his reelection bid to the board’s chosen candidate in January 2006.

One of Los Valientes’s targets, Mandy Rose, a Sierra Club member and slow-growth advocate, recalled how people on the outside warned Sarsfield what he was up against, "but he insisted on working within the system. It was what he believed in. Someone even said he was a Boy Scout."

For his efforts, Sarsfield’s life was turned into a living hell that cost him his dogs, his marriage, and eventually his job. But now, with this award, he gets some small recognition for fighting the good fight. And he has also been appointed special assistant inspector general within the Office of the Inspector General by Gov. Arnold Schwarzenegger. (Phelan)

Special citations

LANCE WILLIAMS AND MARK FAINARU-WADA, SAN FRANCISCO CHRONICLE


Investigative reporter Lance Williams and sportswriter Mark Fainaru-Wada joined forces in 2003 to take on what became one of the biggest — and most controversial — local news stories of the past five years.

The investigation of the Burlingame-based Bay Area Laboratory Co-operative, better known as BALCO, and the larger scandal of widespread steroid use among baseball players was, the San Francisco Chronicle editors decided, too big for one reporter.

In fact, it turned out to be big enough for a series of stories, a book, and a legal battle that almost sent the two writers to federal prison. The duo admits today it was mostly the fear of getting scooped that drove them through the story’s dramatic rise.

"I’m a baseball fan in recovery," Williams told the Guardian. "I used to think I knew the sport. I didn’t have a clue about this stuff. I’m not kidding you. I had no idea how much a part of baseball steroids had become … that whole sort of seamy underside of the drug culture and the game. I just didn’t know it was like that, and I think most fans don’t either."

Although prosecutors seemed to be focusing on BALCO executives, everyone following the story wanted to know what witnesses — in this case top sports stars — told a federal grand jury investigating the company. The outfit had allegedly distributed undetectable steroids and other designer drugs to some of the world’s greatest athletes, including Giants slugger Barry Bonds, who is on his way to making history with a new home run record.

In 2003 the Chronicle published lurid details of the grand jury’s investigation based on notes Williams and Fainaru-Wada had obtained from court transcripts leaked by an anonymous source. Bonds denied knowingly taking any steroids, but prosecutors waved in the air documents allegedly confirming his regular use of substances banned by Major League Baseball.

Furious prosecutors launched an investigation into the leak of secret grand jury transcripts. The reporters were called on to testify but refused — and so joined two other reporters last year threatened with jail time for resisting subpoenas. A lawyer stepped forward last month and admitted leaking the documents, but Williams and Fainaru-Wada came dangerously close to landing in the same East Bay lockup where blogger Josh Wolf is held for refusing to cooperate with a federal grand jury.

The rash of recent attacks on reporters by federal prosecutors has First Amendment advocates up in arms. After all, no one’s going to leak crucial information if the courts can simply bulldoze the anonymity that journalists grant whistleblowers. Fainaru-Wada and Williams have since inspired a bipartisan proposal in Congress to protect journalists at the federal level (dozens of states already have variations of a shield law in place).

"People roll their eyes when you start talking about the First Amendment," Fainaru-Wada said. "But the First Amendment is not about the press, it’s about the public."

In addition to the James Madison Freedom of Information Award, Williams and Fainaru-Wada’s coverage of the BALCO stories earned them the prestigious George Polk Award. But the story took a dark, unexpected turn last month.

Defense attorney Troy Hellerman, who represented one of the BALCO executives, pleaded guilty Feb. 15 to contempt of court and obstruction of justice charges and could serve up to two years in prison for admitting he twice allowed Fainaru-Wada to take notes from the grand jury’s sealed transcripts.

Just as he was spilling details in 2004, Hellerman demanded that a judge dismiss charges against his client, complaining that the leaks prevented a fair trial. He even blamed the leaks on prosecutors. A deputy attorney general called the moves "an especially cynical abuse of our system of justice."

Media critics lashed out at Williams and Fainaru-Wada for exploiting the leaks before and after Hellerman moved for a dismissal. Among those attacking the Chron reporters were Slate editor Jack Shafer and Tim Rutten at the LA Times, who described the conduct as "sleazy and contemptible."

Williams and Fainaru-Wada today still won’t discuss specifics about their sources, but Williams said without the leaks, names of the athletes involved would have otherwise been kept secret by the government even though the grand jury’s original BALCO investigation was complete.

"The witnesses didn’t have any expectation of privacy or secrecy of any kind," he said. "They were going to be trial witnesses. It was in that context that our reporting got under way. I am sensitive to the need of an investigative grand jury to remain secret. And I’m respectful in general of the government’s secrecy concerns. But it’s not the reporter’s job to enforce that stuff." (G.W. Schulz)

SARAH OLSON


When Oakland freelance writer and radio journalist Sarah Olson stood up to the Army by resisting a subpoena to testify in the case of Iraq war resister First Lt. Ehren Watada, she faced felony charges as well as jail time. But Olson understood that testifying against a source would turn her into an investigative tool of the federal government and chill dissent nationwide. "When the government uses a journalist as its eyes and ears, no one is going to talk to that journalist anymore," Olson told the Guardian.

She also objected to journalists being asked to participate in the prosecution of free speech. "The problem I have with verifying the accuracy of my reporting is that in this case the Army has made speech a crime," Olson said. Watada, whom Olson interviewed, has been charged with missing a troop movement and conduct unbecoming an officer, because he publicly criticized President George W. Bush and his illegal Iraq War.

In the end, Army prosecutors dropped the subpoena once Watada agreed to stipulate that Olson’s reporting was accurate. Olson, for her part, attributes the dropping of the subpoena to the support she received from media groups, including the Society for Professional Journalists. (Phelan)

Student journalist

STAFF OF THE LOWELL


The 2006 school year got off to a rough start for Lowell High School, one of the top-ranked public high schools in the country and certainly San Francisco’s finest. The school’s award-winning student newspaper the Lowell was covering it all.

After the October issue went to press, the school’s two journalism classes, which are solely responsible for writing and editing content for the monthly paper, received a visit from the school’s interim principal, Amy Hansen. Though Hansen says there was no attempt to censor the paper and the classes agree that no prior review was requested when it appeared that the students would be covering some controversial stories, the principal questioned their motivations as journalists and asked them to consider a number of complicated scenarios designed to make them second-guess their roles as reporters. The principal told the student journalists they had a moral responsibility, not to turn out the news, but to turn in their sources and information.

In separate meetings with each journalism class, Hansen questioned them about when it was appropriate to lay aside the pen and paper in the name of the law. The students maintained that as journalists they are in the position to report what happens and not pass moral judgment. Additionally, their privileged position as information gatherers would be compromised if they revealed their sources.

The lectures from Hansen did not deter the journalism classes from their basic mission to cover school news as objectively and thoroughly as possible. Even when police were called in to question Megan Dickey, who was withholding the name of a source she’d used in a story about a tire slashing, she still refused to say what she knew. (Witherell)

Whistleblower

MARK KLEIN


Mark Klein knew there was something fishy going on when his boss at AT&T told him that a representative of the National Security Agency would be coming by to talk to one of the senior technicians. Klein was a union communications tech, one of the people who keep the phone company’s vast network going every day. The NSA visitor stopped by, and before long Klein learned that AT&T’s building on Folsom Street would have a private room that none of the union techs would be allowed to enter.

Klein kept his eyes open and learned enough from company memos to conclude that the government was using AT&T’s equipment to monitor the private communications of unsuspecting and mostly undeserving citizens. When he retired in May 2004, he took a stack of material with him — and when he read in the New York Times a year and half later that the NSA had indeed been spying on people, he decided to go public.

The 62-year-old East Bay resident had never been a whistleblower. "I didn’t even know where to begin," he told us. So he surfed the Web looking for civil liberties groups and wound up contacting the Electronic Frontier Foundation.

It was a perfect match: the EFF was about to file a landmark class-action lawsuit against AT&T charging the company with collaborating with the government to spy on ordinary citizens — and Klein’s evidence was a bombshell.

"Mark Klein is a true American hero," EFF lawyer Kurt Opsahl told us. "He has bravely come forward with information critical for proving AT&T’s involvement with the government’s invasive surveillance program."

Federal Judge Vaughn Walker has kept Klein’s written testimony under seal, but the EFF is trying to get it released to the public. The suit is moving forward. (Redmond)

SPJ-NorCal’s James Madison Awards dinner is March 13 at 5:30 p.m. at Biscuits and Blues, 401 Mason, SF. Tickets are $50 for members and $70 for the general public. For more information or to see if tickets are still available, contact Matthew Hirsch at (415) 749-5451 or mhirsch@alm.com.

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