Mayor

No more Will and Willie

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By Tim Redmond
I showed up Thursday morning of the Clear Channel studios on Townsend Street to appear on KQKE’s morning talk show, Keepin’ it Real with WIll and Willie, featuring comedian Will Durst and former Mayor Willie Brown, and the producer met me at the door with some sad news: The show had been cancelled, summarily. Two more days on the air. As of Monday morning, the Will and Willie show would be gone.

I’m told the show had a decent (if not stellar) listener base, and was making money. But not enough money — the way Clear Channel sees things, it’s entirely about the bottom line. So the locally produced show that actually took on local issues will be replaced with The Stephanie Miller Show, a syndicated program out of L.A. I’m sure the show is great, and funny and everything else that a lot of Air American programming is — but it’s not about San Francisco. It’s not local.

Once upon a time — and it wasn’t really all that long ago — local radio stations had at least some responsibility to cover local news and issues. Now the Quake, like the rest of the local Clear Channel line up, will have no real local anything, except traffic.

I never thought I’d say this, but we’ll miss you, Willie Brown.

Green as in money or green as in the environment?

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By Andrew Tolve
For a politician who often projects himself as environmentally conscious, Mayor Gavin Newsom dealt his reputation a blow Thursday when he missed his keynote address at West Coast Green, the largest residential green building conference in the country. Mayoral spokesperson Peter Ragone told us Newsom had planned to speak Saturday and did. But the fact that he missed the slot printed in the schedule chafed more than a few in the audience.
Nearly 7,000 architects, contractors, developers, and policy makers have arrived in San Francisco for the weekend conference (Sept. 28-30), many of whom were left searching for answers on Thursday when the event’s inaugural speech at the Bill Graham Civic Auditorium was left unspoken.
It turned out Mayor Newsom was just a few blocks away, celebrating the opening of San Francisco’s new Bloomingdale’s instead.
“I have to say that we are all full of contradictions, and we would not be here today unless we were,” said Jim Chace, director of PG&E’s Pacific Energy Center. Despite Chace’s commendable record with environmental issues, the fact that a PG&E representative was making the announcement only heightened the irony of the moment. “I promised I wouldn’t take any shots (at the Mayor), but this should not be so easy,” Chace continued. “The fact is that there’s a contradiction here, and contradictions are just a sign in our lives that it is time to look at change.”
The Mayor’s absence aside, embracing change is the fixture of this year’s West Coast Green Conference. Presentations about the feasibility and the implementation of green building techniques will continue Friday and Saturday at the Bill Graham Civic Auditorium. Saturday the event is open to the public.
“Clearly there’s nothing more powerful than an idea whose time has come,” said Christi Graham, the event’s founder and executive producer. “I do think that we might look back one day and recognize the impact of our gathering here.”

Compassionate crackdown

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By Steven T. Jones
Mayor Gavin Newsom has been flailing this year, so apparently he’s going back to what’s worked politically for him before: cracking down on the homeless. This week, he ordered police and other city staffers to place notices around Golden Gate Park warning the homeless to move on or have their stuff confiscated. His flack Peter Ragone yesterday bristled when I used the word “crackdown” and insisted that this was simply a social service outreach. “We will not ask a person to leave the park without offering then a place to go,” he told me. But when I pointed out that the city doesn’t have nearly enough social service or shelter spots for the hundreds of homeless in the park — and that the posted notices seem to be more of a threat than an offer — he said that he’d have to check with Trent Rhorer (the architect of the mayor’s get-tough homeless policies) and get back to me. He never did. Yet homeless advocates and civil rights groups (including the ACLU and Lawyers’ Committee for Civil Rights) sent the city a letter calling the crackdown illegal, unconstitutional, and counterproductive. (Download a copy of the letter here. Hit the back button to return to this blog entry.)

And it isn’t just happening in Golden Gate Park. As we’ve been hearing and the Chron reported today, city cops are also apparently rousting the poor and homeless from around the newly opened Westfield Mall. And this stuff certainly isn’t new, but more like the MO of this administration: act like you care deeply about the homeless while quieting forcing them from the city.
Compassion there too? When will Newsom, Ragone, and the rest of this disingenuous administration realize that their actions speak far louder than their words?

Tidal (public) power

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EDITORIAL Mayor Gavin Newsom, perhaps looking for a big issue to bring to a star-studded environmental meeting in New York City last week, suddenly discovered the value of tidal energy. There’s actually nothing new about the idea: although Newsom didn’t give anyone but himself credit, the plan was first floated by Matt Gonzalez in the 2003 mayor’s race. It was picked up by Supervisors Jake McGoldrick and Ross Mirkarimi and has been on the agenda at Mirkarimi’s Local Area Formation Committee (LAFCo) for more than a year.
But whatever — if the mayor’s on board, fine. There’s a tremendous amount of potential in the concept — huge amounts of renewable energy with little significant environmental impact (and no greenhouse gases). The technology appears to be available, and there’s every reason for the city to move forward rapidly — as long as the power generator is owned, operated, and totally controlled by the city. And that’s not at all guaranteed.
A pilot project would cost about $10 million — peanuts compared to the revenue potential but a chunk of change nonetheless. Newsom, who is looking for state money, is also considering the possibility of seeking private-sector partnerships. And one company that has its greedy eye on the potential energy in the ocean tides is Pacific Gas and Electric.
PG&E is trying desperately to buff up its tarnished image, spending millions on slick ads promoting itself as a green company. It’s crap: among other things, PG&E still operates a nightmare of a nuclear plant on an earthquake fault in San Luis Obispo and is trying to get the plant’s operating license extended. But environmentalism sells in California, and the state’s largest and most rapacious private utility has no shame.
The San Francisco Chronicle reported Sept. 19 that city officials were negotiating with “a number of companies that could help run the turbines and cover the costs” and added that “Pacific Gas and Electric Company is among them, said Jared Blumenfeld, director of the city’s Department of the Environment.” Blumenfeld told us he was misquoted and that officials are only discussing with PG&E the prospects for connecting to the PG&E-owned grid in the city.
But Blumenfeld explained that a private company called Golden Gate Energy already has a federal license to develop tidal energy in the San Francisco Bay — and PG&E has a stake in that venture. The Golden Gate Energy license expires in 2008, and it’s unlikely the company will be able to start work by then, Blumenfeld said. Given that nobody actually has a working model of a tidal generator of this scale, that’s probably true.
Still, it shows that PG&E isn’t going to give up easily on the idea of owning or running what could be a source of energy that could power a sizable percentage of San Francisco. The reason is obvious: if the city operates the tidal power plant, it will be a huge boost for public power. Between tides, $100 million worth of solar energy that’s in the pipeline, and the Hetch Hetchy dam, San Francisco would come pretty close to generating enough renewable energy to power the whole town — and PG&E could be tossed entirely out of the picture.
Of course, that assumes that the city is serious about creating a full-scale public power system, which involves taking over PG&E’s transmission grid. Newsom says he supports public power. So does Susan Leal, general manager of the San Francisco Public Utilities Commission. But while both are ready to cough up $150,000 for a study into the benefits of tidal power (and a possible $10 million for a pilot project), neither has ever been willing to spend a penny for a study into the costs and benefits of taking over the grid.
Mirkarimi told us that LAFCo will begin hearings on tidal power next month and get to the bottom of what the mayor has in mind. The supervisors should allow no shadow of doubt about the policy for pursing this energy source: it can only be done as part of a larger plan to bring public power to the city — and if PG&E or any other private energy company has even the tip of a finger anywhere near it, the deal is dead in the water. SFBG

Editor’s Notes

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› tredmond@sfbg.com
So much going on this week: the cops and the San Francisco Police Commission are heading for a battle over secrecy, the cops and the supervisors are headed for a battle over foot patrols — and Mayor Gavin Newsom is heading for a battle with homeless advocates over a new round of sweeps at Golden Gate Park. The mayor and the local gendarmes can’t win any of this without community support and would do far better to stop trying to fight these battles.
Then there’s redevelopment and the city attorney … and we might as well get started:
•The state Supreme Court ruled a couple of weeks ago that all police disciplinary records have to be kept secret. It’s an awful decision, and San Francisco needs to find a way around it if at all possible. Some police commissioners, starting with David Campos, want to do that, but City Attorney Dennis Herrera is interpreting the law very conservatively and not offering the commission a lot of options.
Why not make public all the charges against cops with the individual officers’ names redacted? At least the community would know that some cops are improperly shooting people, giving liquor to minors, beating up people of color, beating up their spouses … and at least we’d all have a way to demand some policy changes. Or why not tell bad cops facing disciplinary hearings that they can plea bargain for a lenient sentence — and waive their rights to privacy — or take their chance in a full commission trial, where they will face termination if they lose? Let’s think here, people: this is too important to just give up. San Franciscans aren’t going to accept a secret police state.
•The mayor and the police chief are still fighting against Sup. Ross Mirkarimi’s plan to put cops on foot in high-crime areas. That’s a loser, Mr. Mayor. Nobody thinks that your current plans are working.
•After visiting Central Park in New York City — which is run by and for a private group of rich people — Newsom has decided to clear all the homeless people out of Golden Gate Park. Let me offer a little reality here: people sleep in the park because they have no place else to go. You cut their welfare payments and let the price of housing skyrocket, this is what you get. Sweep them out and they won’t disappear: they’ll sleep on the streets in the Haight and the Sunset and the Richmond. There’s a great campaign issue.
Besides, Golden Gate Park, homeless and all, is generally a safe, pleasant place, with only minor crime problems. But kids are dying on the streets only a few hundred yards away in the Western Addition. We don’t have enough cops to walk the beat where they could save lives — but we have enough to roust the homeless?
•Herrera, who’s got his hands full of ugly messes this week, tossed a referendum on the Bayview Hunters Point Redevelopment Plan off the ballot because each of the petitions didn’t have the entire plan attached. For the record, the plan is 62 pages. If this is the standard — an entire plan has to be copied and printed with every single petition — then as a practical matter, nobody in California can ever do a referendum on a redevelopment project. I suspect that’s not what Hiram Johnson had mind. SFBG

The people’s program

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OPINION San Francisco progressives have spent years getting on the political power map. We have achieved amazing victories, such as the 2000 sweep that defeated the Brown machine and ushered in an independent Board of Supervisors. At times we’ve gotten mired in sectarian clashes that have prevented unity around a common vision. However, such obstacles and stumbles have taught us valuable lessons that can be the building blocks for a vibrant people’s movement. To be successful, we progressives need to have a clear vision and to keep asking ourselves questions. What does it mean to be progressive and for progressives to have power? Assuming we all agree that progressive unity is a necessary foundation for social change, what should unity look like today? And if we’re successful at maintaining power, what do we want to look like five and 10 years from now? In the first year following its founding convention and with these questions in mind, the San Francisco Peoples’ Organization (SFPO) has chosen to focus on three issues central to the lives of all San Franciscans — health care, affordable housing, and violence prevention. Over the past year, this fledgling organization has logged a long list of achievements and participated in many exciting causes. The SFPO has: •worked with the Alliance for a Better California to defeat Governor Arnold Schwarzenegger’s special election measures in November 2005; •assisted in the development and passage of Supervisor Tom Ammiano’s Worker Health Care Security Ordinance, creating universal health care for local residents; •advocated for Supervisor Chris Daly’s recently passed legislation to increase mandatory levels of affordable housing in new housing developments; •took a leadership role in uniting communities of color and progressives to fight for Proposition A’s homicide and violence prevention efforts, including a host of new budget initiatives addressing some of the root causes of violence; •launched an e-mail dispatch that reaches over 5,000 constituents and highlights local progressive issues, campaigns, and events; •played an active role in the UNITE-HERE Local 2 contract campaign, attending pickets, planning meetings, and participating in civil disobedience. Part of our effort involves critically analyzing the policy agendas of our elected lawmakers and making recommendations. Mayor Gavin Newsom, through his highly visible work to legalize same-sex marriage, rightfully gained the respect and admiration of progressive San Franciscans. However, same-sex marriage is only one issue; Mayor Newsom should not be given carte blanche among progressives for this single act. The SFPO’s second annual convention will take place Sept. 30 at St. Mary’s Cathedral. Please join us. We cannot wait to work together. The future of our city — who we want to live here, who we want to work here, who we want educated here — is being determined now. SFBG Jane Kim and John Avalos The writers are president and vice president, respectively, of the San Francisco Peoples’ Organization. For more information about the SFPO and the Sept. 30 convention, go to www.sfpeople.org.

Battle for Bayview

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› steve@sfbg.com
It’s been a week since City Attorney Dennis Herrera invalidated the seemingly successful referendum drive challenging the Bayview Hunters Point Redevelopment Plan, and everyone involved is still wondering what’s next.
Can the biggest redevelopment plan in city history just move forward as if more than 33,000 city residents hadn’t signed petitions asking to vote on it? Legally, that’s where the situation now stands. But even Herrera told the Guardian that the legal question he answered is separate from the policy and political questions.
Should the Board of Supervisors hold a hearing to discuss the controversial issues raised by redevelopment and this referendum? Should it consider repealing the plan and allowing a ballot vote, as some supervisors want?
And if each referendum petition must include a thick stack of all related documents, as Herrera’s opinion indicates, won’t that make it prohibitively expensive for a community group to ever challenge such a complex piece of legislation? Have the citizens in effect lost the constitutional right to force a referendum on a redevelopment plan?
“I can’t speak to what the practical effect will be. I can just tell you what the state of the law is,” Herrera told us, noting that referendum case law clearly indicates that the petitioners should have carried the 62-page redevelopment plan and all supporting documents, not simply the ordinance that approved it.
A “TERRIBLE” DECISION
Four supervisors — Chris Daly, Tom Ammiano, Gerardo Sandoval, and Ross Mirkarimi — voted against the plan in May. All have expressed concern about Herrera’s decision, but none have yet called for a hearing.
“Whether you agree or disagree with this opinion on the validity of the redevelopment referendum, it raises some grave concerns that this process — a democratic, grassroots process — was overturned,” Mirkarimi told us. Daly called the decision “terrible.”
Yet given that they need the support of at least two more supervisors to reconsider the plan, Mirkarimi conceded that the next step will probably have to come from a lawsuit by the petitioners, a move referendum coalition leaders Willie Ratcliff and Brian O’Flynn say they intend to pursue if political pressure fails.
“It’s unclear what the next steps are to dislodge this from the legal shackles that knocked it down,” Mirkarimi said. “Something doesn’t smell right, and it’s difficult to trace the odor completely without the courts getting involved.”
But Ratcliff hasn’t given up on forcing a political solution, which he is pushing through his coalition and the San Francisco Bay View newspaper he publishes. The paper last week ran a story on the decision under the hyperbolic headline “City Hall declares war on Bayview Hunters Point.”
“We’re talking to lawyers, but to us the last resort is going to court. We feel we can pull it off politically,” Ratcliff told us. “What this did really was unite this community. If the city will pull this kind of thing, how are we going to have any faith in this plan? We’re going to flex our power…. People are ready to fight now.”
One gauge of Ratcliff’s support in the community will come on the afternoon of Sept. 27, when he will lead a march and rally on the issue. The event is tied to the 40th anniversary of the so-called Hunters Point Uprising, when a teenager was shot by police and the resulting community backlash was violently quelled using National Guard tanks and police sharpshooters.
“With the 40th anniversary of the Hunters Point Uprising of Sept. 27, 1966, only days away, this sounds like a declaration of war against the same people who protested then and are protesting still against police brutality and for jobs, economic equity and the right to develop our own community and control our own destiny,” Ratcliff wrote in a front page editorial.
Ratcliff told us, “We’re going to have a big march out there to show the city that we oppose this plan.”
THE PLAN IS IN EFFECT
Herrera’s opinion on the referendum was requested by Mayor Gavin Newsom, the San Francisco Redevelopment Agency, Board of Supervisors president Aaron Peskin, and Sup. Sophie Maxwell.
Redevelopment Agency director Marcia Rosen told the Guardian that fears of redevelopment stem from how badly it was handled in the Western Addition in the 1960s, but that the agency and the political climate of the city have changed. She said the agency is approaching Bayview–Hunters Point in an incremental, community-based fashion. She said the plan should go forward and will eventually prove the fears are unfounded.
“The plan was adopted by the board and signed into law by the mayor, and there is no further action needed, so the plan is in effect,” she told us.
Maxwell and Peskin each said they’re inclined to just let the redevelopment plan go into effect, although Peskin said, “I’m not going to stop any supervisor from having a hearing on any subject.”
“It’s important to understand that this plan is a living document, so there will be changes and people talking to each other,” Maxwell told us. “It’s certainly not the end of anything.”
She told the Guardian that the referendum campaign used paid signature gatherers, money from a developer from outside the area, and distorted claims about eminent domain and other aspects of the plan — misrepresentations that signers could have checked if the plan was readily available as legally required.
“The democratic process has to be taken seriously, and democracy is not easy,” Maxwell told us. “The decision was about preserving the democratic process, and people need to have facts at their disposal. There has to be a process and there has to be a standard.”
That’s certainly true — and O’Flynn is a contractor who lives in the Marina. But it’s hard to imagine how carrying around thick stacks of paper filled with complex land-use plans would have made a difference. Most signers would never have stopped to take several hours to read it all.
John Matsusaka, president of the Initiative and Referendum Institute at the University of Southern California School of Law, said that referendum case law has been built around a few courts validating actions by civic officials to strike down citizen movements.
“The sad fact is it looked like elected officials are trying to keep measures off the ballot and looking for ways to support that,” Matsusaka told the Guardian. “Preventing the people from voting is really not going to bring harmony to the community.” SFBG
The Defend Bayview Hunters Point Coalition’s Sept. 27 march begins at 3:30 p.m. at the Walgreens at 5800 Third St. and Williams and continues up Third Street to Palou Street, where there will be a press conference and rally at 4:30 p.m.

Casting off

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› amanda@sfbg.com
Hornblower Yachts assumed control of the ferry service to Alcatraz Island on Sept. 25. As the new crew cast off the dock lines, spurned union workers — some 30-year veterans with the former contractor, Blue and Gold — rallied with supporters at the entrance, asking passengers not to board the boats.
Two union-friendly visitors from Sydney, Australia, ripped up their tickets and demanded refunds. “We don’t agree with what they’re doing to the workers,” one said, while in the background Supervisors Aaron Peskin and Tom Ammiano took turns with the bullhorn, also offering their support to the workers.
“All of our colleagues on the board are not going to stand for it,” Peskin said to the couple hundred laborers gathered on the sidewalk. “We’re going to stand with you and march with you.”
Terry MacRae, CEO of Hornblower, expressed little concern about the boycotting tourists and the rally at his gate. “I suspect there’s plenty more people who want the tickets if they’re not going to use them,” he told the Guardian. Visits to Alcatraz peak this time of year, with a couple thousand people turned away every day when tickets sell out, according to National Park Service spokesperson Rich Wiedeman.
The NPS decision to grant the lucrative, 10-year contract to Hornblower over Blue and Gold has resulted in more than just what some are calling the largest union layoff in San Francisco waterfront history. The story also has an environmental angle as slick as an oil spill and a nasty landlord-tenant tussle.
“The port and I are extremely concerned with how Hornblower has conducted itself,” City Attorney Dennis Herrera told the Guardian, referring to the company’s artful dodge of city and state permitting processes. “They’ve focused more energy on sidestepping public oversight than complying with it.”
Despite infuriating two leading San Francisco institutions — unions and city planners — MacRae has managed thus far to avoid too much of a stir by keeping another critical local constituency off his back with a well-played “green” card.
THE GREEN MACHINE
When NPS put out a request for proposals in 2004, three companies submitted bids for Alcatraz: Red and White, a local charter and bay cruise company that ran the service when it first started in the ’70s; Blue and Gold, which took over Red and White’s boats and unionized crew in 1994; and Hornblower Cruises and Events, which runs charter and dinner boat cruises from five California ports and is a subsidiary of a larger, $30 million company.
When Brian O’Neill, superintendent of the Golden Gate National Recreation Area, announced last year that Hornblower won the bid, union activists immediately challenged the choice. Mayor Gavin Newsom, Peskin, Rep. Nancy Pelosi, and both of California’s US senators expressed concerns about the decision. Neighborhood group Citizens to Save the Waterfront filed suit. Environmentalists, however, were elated.
For the first time since being passed by Congress in 1998, the Concessions Management Act applied to the bid for Alcatraz. In addition to forbidding the Department of the Interior from favoring incumbent contractors, the act also outlined new criteria for awarding contracts that included a mandate to improve environmental quality in national parklands.
“Bluewater Network has been advocating for more than five years for a solar- and wind-powered ferry for San Francisco Bay,” said Teri Schore, a spokesperson for the local environmental group. She added that diesel vessels in the Bay Area account for more pollution than cars and buses combined. “We’ve been talking to every ferry operator on the bay, and we also knew that the Alcatraz contract was up. We thought it was the perfect application.”
Hornblower’s MacRae wrote a provision into his bid that within two years of taking over the Alcatraz service, the company would build and launch a ferry to run on a combination of solar, wind, and diesel power. After one year of testing the vessel, a second would be built within five years.
That — in combination with a plan to make two initial vessels 90 percent more fuel efficient, as well as implement a clean energy shuttle service on the Embarcadero, power the landing facilities with solar panels, purchase green products, and vend healthy snacks — put Hornblower’s bid over the top.
Wiedeman said all bidders are informed that financial feasibility of the company and potential revenue for the government, as well as environmental and sustainability initiatives, were considered. But some criteria were more weighted than others, and Hornblower ranked strongly on all points.
“We’re ecstatic,” Wiedeman said. “We’re looking at higher-quality visitor services from the get-go.”
But some doubt whether the proposed vessels are anywhere close to a reality. MacRae said a final design and marine contractor have not been selected yet, although Solar Sailor’s model BayTri has been touted. A giant solar-arrayed fin provides auxiliary wind and sun power to the trimaran’s diesel engines. No such vessel has ever been built, but the model is based on a smaller solar ferry that services Sydney Harbor in Australia — with a top speed of just seven knots.
The proposed boat is emissions free and could go 12 knots with the aid of the wind, although it would need a push from auxiliary diesel engines to keep up with Alcatraz’s schedule. Boats now run between 15 and 19 knots.
The other concern is that MacRae’s commitment of $5 million for constructing the 600-passenger vessel might not be enough. The San Francisco Water Transit Authority has been looking into a similar vessel carrying no more than 150 passengers that would cost between $6 and $8 million.
“Their requirements for design are different than what mine would be,” MacRae said. “I think it’s possible to do it for $5 million.”
Bluewater Network founder Russell Long worries that the low-budget cap could hurt the vessel’s environmental potential. “We believe that Hornblower may intend to maintain this budget ceiling even if it compromises other aspects of the design, such as best management practices in regard to environmental components,” he wrote in a letter to NPS, urging reconsideration of the contract.
NPS awarded the contract anyway and Bluewater is hoping for the best.
“We will be watchdogging the progress and keeping track of what’s going on. If it doesn’t happen, it will be a huge black eye for the National Park Service, Hornblower, and the city of San Francisco,” Schore said. “At this point we have faith that it’s going to get built, because it’s in the contract.”
However, Hornblower’s snub toward union contracts and dodgy relations with the city suggest that playing by the rules may not be a top priority for the company.
THE PERFECT TYPO
Since 1974, boats to Alcatraz have run from the Pier 39 area of Fisherman’s Wharf, where waiting ticket holders can indulge in the myriad distractions the tourist hub offers.
MacRae launched his new ferry service from Pier 31, half a mile farther south on the Embarcadero, where he currently leases space and operates a charter and dining cruise business.
Pier 31 is little more than a parking lot with a ramp and floating dock, which only sees about 100,000 people a year, far fewer than the 1.3 million annual passengers Alcatraz draws.
MacRae has attractive plans for a complete overhaul of the area, which would include landscaping and sheltered seating, a bookstore, and an informational center. Such alterations would require a thorough run through the city’s planning process, which MacRae told the NPS he won’t be doing until 12 to 18 months from now.
Instead, interim improvements to the lot were planned, which sparked concern from the city that the sudden increase in foot traffic wouldn’t be properly mitigated. That area of the Embarcadero also hosts 250,000 passengers a year from cruise ships docking at adjacent Pier 35. The Port spent close to $200,000 last year controlling that traffic with signage and police officers. The addition of thousands more visitors streaming down the sidewalks seeking passage to Alcatraz could cause gridlock every time a cruise ship docks.
Monique Moyer, executive director of the port, sent repeated letters over the last year to MacRae asking for clarifications about his plans and expressing concern that the change in use of Pier 31 required a review of existing permits.
She wasn’t alone. On July 31, Citizens to Save the Waterfront filed suit against Hornblower, claiming that the amount of activity at Pier 31 would increase twentyfold. “That represents a substantial change in the intensity of use,” Jon Golinger, a representative from the group, told us.
A change in the intensity of use of a waterfront property triggers the need for a complete environmental impact review (EIR) from the Bay Conservation and Development Commission (BCDC), a state agency with jurisdiction over anything within 100 feet of the shoreline. As many city developers know, EIRs can take many months to consider all potential changes to the existing landscape that the applicant would cause. Delays of that sort could have hindered MacRae’s ability to assume ferry service on the contracted date of Sept. 25.
MacRae said the litigation kept him from divulging to the city his proposed plans for upgrades to the pier.
Just days before the lawsuit was to be argued in San Francisco Superior Court on Sept. 6, BCDC executive director Will Travis sent a letter to Moyer stating that Hornblower’s new service and alterations to Pier 31 did not require any new permits.
He cited a typo from Hornblower’s current BCDC-issued permit as an allowance for the increase in passengers. The permit states that the pier may provide “access to the entire bay via vessel for 200,000 to 5000,000 [sic] people/year.”
He footnoted the quote: “There is clearly a typographical error in the 5000,000 number, which is intended to state the maximum anticipated usage of the dock … the correct number is probably either 500,000 or 5,000,000. While it seems reasonable to believe that the correct number is 500,000, the record contains nothing to substantiate this conclusion.”
Travis also relayed that Hornblower plans to use temporary measures that include trailers with port-a-potties, a portable ticket booth, and hollow traffic barriers for guiding traffic and pedestrians on and off the boat.
Herrera told us that this was the first Moyer had heard of what was planned for the lot and there was concern about how other services in the area and traffic on the Embarcadero would be affected, as well as if any structures, signage, and other enhancements would require additional permits. “It certainly would have been nice if they had shared all these plans so the port could conduct the proper environmental review that we all agree is in order,” he said.
In a strongly worded letter to Travis, Herrera wrote that to allow Hornblower to proceed without any environmental review could violate the California Environmental Quality Act (CEQA) and urged the BCDC to “issue an immediate cease and desist order” to prevent the start of service. Herrera also made the salient point that “the later the environmental review process begins, the more bureaucratic and financial momentum there is behind a proposed project, thus providing a strong incentive to ignore environmental concerns that could be dealt with more easily at an early stage of the project.”
On Sept. 7, BCDC commissioners met in closed session at the end of a four-hour meeting and voted to stand by Travis’s argument.
David Owen, a former Peskin aide who’s also a BCDC commissioner, was one of two abstentions to the otherwise unanimous vote. “It was really frustrating, because it seemed like Hornblower did everything in their power to avoid a permit review,” Owen told us. “Now what? We have a CEQA lawsuit and then the Board of Supervisors shuts down the Alcatraz ferry service? They’ve managed to start up service without acquiring a single permit. Kudos to them for strategy.”
Citizens to Save the Waterfront then dropped its lawsuit, feeling it was weakened by the BCDC decision.
“Essentially, now there’s a turf war between Bush’s park service and the Port of San Francisco,” Golinger said. “BCDC tried to avoid getting involved, but the precedent it sets is horrible. A corporation can come in and skirt any planning process.”
UNION TOWN POLITICS
After scoring the Alcatraz bid, Hornblower sought an exemption to the Service Contract Act of 1965 that would have required MacRae to pay equal to or more than what current crew make. But the Department of Labor ruled Sept. 21 against Hornblower. So veteran Blue and Gold crew have added safety to their concerns.
“I’ve made tens of thousands of landings on Alcatraz Island, and now they have captains who have never been there,” Capt. Andy Miller said. For 17 years, Miller has navigated the busy shipping lanes and the constant summer fog against the tugging tide and the sudden slams of inclement weather to bring tourists, park service staff, and supplies to the island.
“No one’s ever gotten hurt. It’s a very tricky place to land a boat. It takes skill and experience that you can’t just hire off the street,” he said.
Miller said he applied for a job with Hornblower but was not interviewed. So far, no captains and only three ticket agents and a deckhand have been hired from Blue and Gold’s former fleet.
“We have a ready workforce,” Master, Mate, and Pilot union spokesperson Veronica Sanchez said. “They’re going to have to be paid the same wages as union workers at Blue and Gold. They don’t want to be a union shop. Why don’t you want to be a union shop on a union waterfront like San Francisco?”
One reason could be concern that it might bump up costs for Hornblower’s other tour operations. “They want us to agree that if we sign up our workers for Alcatraz, that we won’t organize the dining yachts,” Sanchez said. In 1998, the union attempted to organize Hornblower’s dinner cruise operations in San Francisco but didn’t prevail in a supervised election.
MacRae said he’s not opposed to the unions and he’s encouraged the Blue and Gold staff to apply for jobs. “The unionization is the choice of the workers,” he said. “We try to let the employees make the choices. Last time I checked, that’s who the unions represent.”
“We want to make sure we have the best crew,” he said. “Many of the products and guest services we provide aren’t what Blue and Gold do now.” He added that some current employees from the dining cruises have also been shifted to the Alcatraz route.
“I’ve been here 21 years, and we’ve been replaced by busboys and waiters,” said deckhand Robert Estrada, standing with fellow workers outside the gate of the new Alcatraz ferry service.
Estrada said Hornblower’s reliance on part-time, low-wage workers has earned the company the nickname “the Wal-Mart of the Water.” The company’s rapid expansion, from a two-boat Berkeley-based charter to a multinational fleet with government contracts is a similar characteristic.
Blue and Gold spokesperson Alicia Vargas assured us that the remaining ferry services to Alameda, Angel Island, Oakland, Sausalito, Tiburon, and Vallejo will be solvent, but some of the veteran crew who haven’t been laid off yet are worried this is the beginning of the end.
“The public needs to be warned. If funds don’t come from Alcatraz, Blue and Gold could fold,” said David Heran, an International Boatmen’s Union member and deckhand since 1974 who applied to Hornblower but wasn’t hired. “I’m not ready to retire yet, and this wasn’t the way I was expecting it to happen.” SFBG

Josh’s going-back-to-jail party at Crash

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On the eve of Josh Wolf going to jail, and on the eve of Chronicle reporters Lance Williams and Mark Fainaru-Wada facing yet another federal decision moving them ever closer to jail, I was honored to be the lead speaker at the fundraiser and going-back-to-jail party for Josh last night at Crash, a club on Mason Street in San Francisco.

I made two major points: first, that this was the only city in the country to my knowledge that had three reporters who were in jail or heading to jail, on orders from Washington, for failing to produce sources and material in federal cases. This was no mistake. This was a direct hit at San Francisco, the country’s leading city for dissent and anti-war movements for decades, and came down directly from the Bush Administration and its PATRIOT Act politics as a way to scare the city and put its dissenters on notice.

My second point was that I was speaking as a member of many journalism organizations (from the Society of Professional Journalists, which has already contributed $30,000 to Josh’s defense, to the California First Amendment Coalition to the California Newspaper Publishers Association to international groups from the InterAmerican Press Association to the World Association of Newspapers to the International Press Institute) and that these professional organizations either are or would be in solidarity on this common ground journalism/public service issue. They could be counted on. But the Josh Wolf case was different because he was a lone freelance video photographer, without a news organization and attorneys behind him, and he looked like easy prey for the local cops and the feds.

That, I noted, was what was so important about the Crash event and the emerging Josh brigade. The event was lively, well attended, lots of fun, and demonstrated that a freelancer who stands tall, as Josh is doing, can build a strong grassroots constituency capable of mobilizing sustained resistance.

The real outrage is that the local cops turned Josh’s case over to the feds and gave them another timely target for Bush in San Francisco. And the cops did so secretly and unilaterally, without going to the mayor, to the supervisors, to the district attorney, to the Police Commission. The cops who are fighting like hell to keep beat patrolmen out of the neighborhoods and were happy to invite the feds to come to town and rough up our press and our public on their behalf. At minimum, that move demands public hearings by the supervisors to determine how this happened and what can be done to see that it never happens again.

Today’s Chronicle blaring front page head said: “SILENCE MEANS PRISON, JUDGE TELLS REPORTERS” No, silence in this case for these three reporters means principle and honor and holding your ground under fire. There is no principle or honor for the people in Washington who are working overtime to put in jail three reporters who were doing their job at this critical moment in the City and County of San Francisco.

Jesus — not again

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By Tim Redmond

Mayor Gavin Newsom and the San Francisco Public Utilities Commission are interested in pursuing tidal energy off the Godlen Gate. This is an excellent development, something that Matt Gonzalez pushed for when he was running for mayor. It’s a way to generate huge amounts of renewable energy for the city and apparently is cost-effective.

There’s only one flaw – and as far as I’m concerned, it’s fatal.

From the Chron story Sept 19:

“The city is in negotiations with a number of companies that could help run the turbines and cover the costs. Pacific Gas and Electric Co. is among them, said Jared Blumenfeld, director of the city’s Department of the Environment. ”

Holy shit, here we go again.

PG&E, which stole the city’s renewable electric power 80 years ago when the dam at Hetch Hetchy Valley began generating electricity, now wants to steal the power of the Golden Gate tides, too.

Memo to the PUC and the Department of Environment: Any tidal energy project has to be built, run and controlled by the city, as part of a public-power system. If PG&E has even the tiniest bit of involvement in the deal, it will be shot down as corrupt and unacceptable. Don’t even think about it.

District 6 sleaze

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EDITORIAL The fall campaign season has only begun, and already the District 6 race is getting really ugly. A downtown-funded operation, hiding behind anonymous mailers and front groups, is spending gobs of money to smear Sup. Chris Daly, and thanks to the city’s campaign-spending laws, Daly’s ability to fight back is limited. The whole mess points to a real problem in the way so-called independent-expenditure committees are regulated, and the supervisors and the Ethics Commission should take up the issue immediately.
Daly, who’s represented the district for almost six years, has offended a lot of people — including some of the city’s richest and most powerful interest groups. They tried to unseat him four years ago with no success, but this time around they have more money and a slimy, secretive strategy that appears to expose a loophole in local law.
The first salvo landed a few weeks ago: a slick, 22-page mailer called “The Case Against Chris Daly” that attacks him on almost every front. The hit piece is unsigned, so the people who received it have no way of knowing exactly who’s behind the message. And there’s no requirement that the sponsors register with the city’s Ethics Commission and reveal their source of financing.
It’s pretty clear, though, who produced and paid for the piece. The money is going through a group called Citizens for Reform Leadership #1, which was set up by downtown elections lawyer Jim Sutton, organized by SFSOS, and funded in large part by Republican kingmaker and the Gap founder Don Fisher. (Sutton has also established Citizens for Reform Leadership committees two through six, indicating that there’s more of this to come.)
The way San Francisco’s campaign-spending limits work, no candidate for supervisor can spend more than $83,000 — unless one of the other candidates breaks that cap. Then all rules are off. But that cap doesn’t apply to whoever put out the 22-page hit piece — in part because we don’t even know legally who it was. That means the SFSOS-Fisher crew can spend hundreds of thousands of dollars hammering away at Daly — and he can’t spend more than $83,000 fighting back.
The candidate who benefits most from this sewer money is Rob Black, a former aide to Sup. Michela Alioto-Pier who has the backing of Mayor Gavin Newsom and is by any account Daly’s most serious challenger. Black told us he has no direct connection to the hit squad — but he stopped short of promising not to engage in negative campaigning himself. And he’s certainly not going around town denouncing the anti-Daly sleaze.
That should change now. If Black wants to be seen as anything other than a pawn of Fisher, he should put out a formal statement calling on SFSOS and its allies to back off, quit the anonymous name-calling, and either come clean or stay out of District 6. So should every other candidate in the race. (The hotly contested District 5 battle two years ago was remarkably clean, in part because all of the candidates agreed not to accept this sort of nonsense.)
The Ethics Commission should launch a full investigation of this anonymous campaigning with the aim of exposing the forces behind it — and if the city’s current law doesn’t allow a ban on secret hit pieces, the supervisors should amend it today. Meanwhile, the commission ought to lift the expenditure limit for District 6; it’s not optimal, but in this case it’s only fair. SFBG

A vote on Oak to Ninth

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In just 30 days, the Oak to Ninth Referendum Committee collected the signatures of 25,068 Oakland residents who want a chance to vote on a massive development project that would bring 31,000 new homes to the Oakland waterfront. But the matter may never be on the ballot: on Sept. 6, Oakland City Attorney John Russo directed the city clerk to invalidate the petition because it didn’t conform to the requirements of state election law.
It’s likely that from a legal standpoint Russo’s determination is correct. Nevertheless, the decision exposes flaws in California’s election system that the state legislature should fix. In the shorter term, the Oakland City Council ought to recognize that there’s strong public sentiment for a referendum on the project and put Oak to Ninth before the voters.
It’s tough to force a referendum vote on an act of local government: you need to gather a significant number of signatures within 30 days of the passage of the bill — and there are no second chances. If the petition doesn’t meet every possible legal standard — and the standards are high, the rules complex — then the referendum is dead forever.
Erica Harrold, communications director for Russo’s office, told us she sympathized with the plight of Oak to Ninth foes and acknowledged that the current rules applying to referendum petitions are “draconian.” Russo, she said, is seeking reforms to the current system, including establishment of a new rule that would not start the 30-day period until the city provides a certified final version of an ordinance to petition sponsors. That was a key issue in this conflict: the Oak to Ninth Referendum Committee apparently had to rush to gather signatures to meet the deadline and for various reasons did not submit the version of the ordinance that Russo and the City Council consider the final draft (additionally, the committee did not include certain attachments to the ordinance that the City Attorney’s Office says were required).
The legislature should follow Russo’s suggestion and change the deadlines. It should also consider allowing petition sponsors to cure unintentional defects in their petitions.
State legislative reform can’t come quickly enough to remedy the current situation involving the Oak to Ninth petition. But the City Council can still act: it’s well within the authority of local officials to simply acknowledge the public interest in (and demand for) a citywide vote on a project that will change Oakland forever — and place the entire matter on next June’s ballot.
There’s no rush to break ground here — in fact, we’ve long argued that the project shouldn’t have final approval until the incoming mayor, Ron Dellums (who has expressed real concerns with the deal), takes office. Legal technicalities aside, the bottom line is simple: Oakland residents deserve a chance to be heard on Oak to Ninth. SFBG
PS Stop the presses: on Sept. 19, San Francisco City Attorney Dennis Herrera ruled that petitions demanding a vote on the redevelopment plan for Bayview–Hunters Point were invalid — on a legal technicality similar to the one that undermined the Oakland petitions. Again, Herrera may well be legally correct (and we’re under no illusions here — the referendum was financed in part by a private housing developer) — but when in doubt, the desire of the voters to weigh in on an issue should be paramount. The supervisors should determine whether it’s possible to put this plan on the ballot anyway.

Mural as magnet

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› gwschulz@sfbg.com
Stretched across the west wall of the New Santa Clara Market in the Lower Haight is a full 15 by 45 feet of political controversy, in both its intended content and the fact that it has become a magnet for graffiti.
Located on the southeast corner of Haight and Scott streets, Positive Visibility, as the mural there is titled, shows women suffering from the symptoms of HIV-AIDS. It was completed in 1995 by an artist named Juana Alicia, who learned her craft in part from two former students of painter Diego Rivera.
Reflecting a somewhat surreal departure from Rivera’s own direct imagery, Alicia’s painting (finished with help from other HIV-AIDS activists) contains a multitude of pastel colors applied in vigorous brushstrokes. In one segment, a tattooed drug addict accepts a clean needle from a needle-exchange worker. Another woman nearby wears a shirt with the queer pink triangle and the phrase “silencio = muerte.” Three pig-faced corporate drug execs guard a prescription bottle, and a woman is kicking one of them directly in the face. Slivers of broken mirrors create a mosaic across the mural’s top center. Affable skeletons celebrate el Dia de los Muertos.
The message: women contract HIV too. It’s not unlike the hundreds of other politically charged murals most San Franciscans are proud to have coloring the city. But currently, Positive Visibility faces a cruelly ironic fate; it’s half covered in a red paint used by the building’s owner to rub out graffiti while awaiting a complex decision about how and when to restore it.
Alicia, who now lives in Mexico and has taught arts education and community organizing for 25 years, has also completed major pieces in the Mission District and at the San Francisco International Airport and the UCSF Medical Center. (She did not respond to an e-mailed list of questions.)
The problem is that Positive Visibility has been plagued by graffiti since it was completed — not spray-can lettering so much as haphazard markings. The entire bottom has been covered at times, sending neighbors into a furor and attracting citations to the owner of the building from the San Francisco Department of Public Works. Some of the graffiti has targeted the content of the mural in the form of angry expressions that the piece is antimale. One resident said she’d prefer that any existing mural at the spot reflect “the neighborhood’s vitality.”
“It’s been very controversial,” said Marc Shapiro, who lives nearby on Waller Street. “Some people want the mural. Some people don’t. I didn’t care what happened as long as somebody would maintain it…. The street has been so terrible for the last 10 years, you know. Nobody was maintaining the mural. So we had to live in a neighborhood with all of this horrible graffiti.”
The Neighborhood Beautification Fund under then-mayor Willie Brown put up $8,000 to restore the mural in 2000, an effort that included several layers of what was supposed to be a special graffiti-proof varnish. It wasn’t enough, and the graffiti continued.
“The final straw was when there were swear words — ‘Fuckin’ bitch,’ ‘asshole,’” said the building owner’s son, Suheil Alaraj. “The neighbors were, like, ‘We have children. We can’t keep walking across the street and bypassing this.’” Shapiro added that sometimes attackers would throw entire buckets of paint on the mural.
Alaraj called Alicia last year to see if she’d be interested in restoring it again. But the talks broke down and Alicia, he says, threatened to sue him if he painted over the mural completely. Exasperated, he called Sup. Ross Mirkarimi, whose district includes the Lower Haight, looking for suggestions on what to do. His office convinced Alicia to allow the Mission-based muralist collective Precita Eyes to restore the piece. Nonetheless, finding money for the project took several months. Some of the funds again came from the mayor’s beautification fund.
“Basically, they took such a long time,” Alaraj said. “They could have had it up six months ago, restored. They were waiting for this, waiting for that, waiting for this. [The graffiti] kept getting worse and worse. Once there’s tagging on it and you don’t do anything about it, people feel it’s a free-for-all. It just got out of control.”
Three months ago he decided to paint over the bottom, which was hardest hit with graffiti. Each morning he’d go back with a paintbrush until finally, about two months ago, the graffiti ceased.
Mirkarimi aide Regina Dick-Eudrizzi told the Guardian that due to a misunderstanding about covering the graffiti, Alaraj used the red paint instead of white, which would have made restoring the mural easier. The red paint doubled the costs, and only recently did Mirkarimi’s office and Precita Eyes manage to come up with the $10,000 necessary to complete the restoration. There’s a possibility that Precita Eyes could re-create the mural at a new spot, rather than restoring it at its current location. SFBG

Discovering the formula

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› amanda@sfbg.com
San Francisco has a thing for local businesses. From Chinatown to Hayes Valley, the dozens of distinctive neighborhoods that constitute this city have for the most part maintained their individuality with one-of-a-kind, locally owned places to shop, snack, and seek services.
While many cities and small towns across the country have succumbed to the sprawl and homogeneity of chain stores, some have resisted, even in the face of lawsuits and wily campaigning from megaretailers. Big corporations including Wal-Mart, Home Depot, and Target are combating restrictive municipal legislation with their money, pouring millions into local political races and flying in paid signature gatherers for ballot referenda.
“They’re spending $100 per vote in some cases,” Stacy Mitchell told the Guardian. Mitchell is the author of Big-Box Swindle and a senior researcher for the New Rules Project, a subsidiary of the Institute of Local Self-Reliance, which tracks legislation against formula retail.
“They’re getting mixed results,” she said, which means sometimes the big boys lose, like in the multiyear battle with Inglewood that sent Wal-Mart walking. But more often than not, the formula retailers win.
Take Chicago as a recent example: Mayor Richard Daley overrode city councilors and issued his first veto in 17 years, against legislation that would have required large retailers to pay a living wage to employees. Councilors hoped to trump the mayor with another vote, but at the last minute three councilors switched positions to side with Daley.
“I still don’t understand how it happened,” said SF supervisor Tom Ammiano, who flew into Chicago to speak in favor of the legislation. He told us the city was behind it, though opponents were arguing that low-income people needed the option to work and shop at Wal-Mart and it was discriminatory to not allow the store to move into the city. “They played the race card. It was obvious they were people on [Wal-Mart’s] payroll.”
In the week since the veto, Wal-Mart has already swooped in with several site proposals for the first 20-acre megamart in Chicago. It’s stated an eventual goal of building 20 stores in the Windy City. Could Wal-Mart spite San Francisco just like it did Chicago?
Since 2004, San Francisco has operated with the Formula Retail Ordinance, designed to preserve “the city’s goal of a diverse retail base.” This isn’t an outright ban, but it makes the application and review process more arduous for formula retail. The ordinance defines formula retail as any chain with 11 or more outlets that offer standardized services or mimic one another in decor, architecture, and practices (like Starbucks, the Gap, and Wal-Mart, to name an infamous few).
The relevant legislation, Section 703.3 of the Planning Code, reads like it was penned by a Norman Rockwell acolyte and cites such businesses as generally undesirable, granting neighborhoods the right to be notified of potential chain store proposals. While the legislation allows neighborhoods to create their own stricter legislation, it also grants them the right to accept a chain into the fold, which is a pretty big loophole.
So far, most neighborhoods haven’t been welcoming. A battle in North Beach over Home Depot resulted in an outright ban of all formula retail in the neighborhood. Hayes Valley followed suit. Conditional use permits in western SoMa, Cole Valley, and Divisadero from Haight to Turk add an extra layer of scrutiny to the planning process when a Starbucks or Target want to set up shop. Potrero Hill–Showplace Square is the next in the trend, with a 12-month interim conditional-use period and a more permanent restriction on the way. That restriction was introduced by Sup. Sophie Maxwell, approved by the Land Use and Economic Development Committee, and headed to the full Board of Supervisors for initial approval Sept. 19 after Guardian press time.
Maxwell’s legislation could become moot this November if voters approve Proposition G, the Small Business Protection Act, which would extend conditional-use permitting to the entire city, making any proposal from a chain store subject to public hearings and an arduous Environmental Impact Review at the expense of the applicant, not the city.
Dozens of counties and municipalities have enacted similar ordinances around the country in response to the track records of megaretailers. Public criticism is mounting against corporations such as Wal-Mart and Home Depot for drawing the shopping masses by reducing prices to quash smaller competitors and for pulling profits out of communities instead of keeping them local, as small businesses tend to do.
But the chain stores aren’t just rolling over.
“It’s happening in enough places that it’s reached a point where they’re feeling nervous about how it’s affecting their growth,” Mitchell said about the retail giants. Her organization has been assisting communities for several years in drafting legislation against formula retail and is seeing some of that legislation undercut by voracious chain stores. Wal-Mart, the most notorious foe, dumps thousands of dollars into local election races. The tactic is especially evident in California.
“Wal-Mart spends more in California than anywhere,” said Nu Wexler, spokesperson for Wal-Mart Watch, a Washington-based organization with hawk eyes on the company. “They have active lobbying in all 50 states, but California is a particularly important market for them.”
He attributes that to the state’s status as the sixth-largest economy in the world. In 2002, Wal-Mart promised to open 40 supercenters in the state within four to six years. As of October 2005, only six had been opened. “They’re fighting expansion battles all over the country, but they’re having an especially difficult time in California,” Wexler said. Inglewood, Turlock, and Hercules have all recently dodged Wal-Mart.
But several other cities have not, despite protective measures, and in the last year 12 more supercenters have opened in California, bringing the grand total to 19.
Contra Costa County, apropos of no immediate threat, passed a 2003 ordinance prohibiting “big box” stores over 90,000 square feet. In response, Wal-Mart dumped more than $1.5 million campaigning for a measure overriding the ordinance on the next available ballot. In 2004, the ordinance was overturned by 54 percent of voters.
Four years of fighting in Rosemead resulted in two city council shake-ups, with a recall election of two council members set to be decided this week; a possible Brown Act violation when city officials approved a permit for Wal-Mart during a meeting when it wasn’t on the agenda; and multiple lawsuits from both sides. Wal-Mart spent $200,000 campaigning and dropped another $100,000 in local charities to spread some good cheer. It worked: doors opened at a new supercenter Sept. 18.
Last August, a Wal-Mart opened just across the bay in Oakland even though the city already had a ban on big-box retail larger than 2.5 acres. Spurning the city’s provincial laws, Wal-Mart found real estate regulated by the Port of Oakland — which, similar to San Francisco’s port, is outside the city’s jurisdiction and not subject to local ordinances.
“It was passed in a backroom deal with the port before the city could have any public hearings,” said Adam Gold, a spokesperson from Just Cause Oakland, a local group that opposed the store. “It made it difficult to resist it. It had already been approved.”
At the state level, Governor Arnold Schwarzenegger recently vetoed Senate Bill 1414, introduced by San Francisco’s state senator Carol Migden, which would have required employers with more than 10,000 workers to put 8 percent of total wages toward health care. Not a surprise: Wal-Mart’s Walton family dropped more than half a million dollars into electing the governor, with a most timely donation of $250,000 last year on the very day he vetoed legislation aimed at Wal-Mart that would have required businesses to disclose when employees use public health care services.
Two other bills, SB1523, requiring environmental impact reports and public hearings for the construction of stores larger than 100,000 square feet, and SB1818, allowing cities to recover legal fees when sued by big-box retailers, sailed through the legislature but are currently festering on the governor’s desk.
Is it all enough to protect San Francisco? Can the city keep mom and pop on the corners and resist the commercialism that has made a city like Emeryville the mall that it is today?
Maxwell, who pushed the recent legislation for Showplace Square and Potrero Hill, hopes so. “I’d rather have the position of them on the offense than the defense,” she said of potential retail applicants. When asked if the city codes are strict enough, she said, “If not, I’d be willing to put forth the legislation that is.”
As for the idea of Wal-Mart coming to town, the District 10 supervisor was nothing if not firm: “No, no way. Not in San Francisco.” SFBG

Redefining radicalism

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› news@sfbg.com The Ella Baker Center for Human Rights has a 10-year history — which it marked Sept. 14 with an anniversary gala in Oakland — of aggressive opposition to police abuse, racism, economic injustice, and the get-tough policies that have created record-high incarceration rates. Those problems have only gotten worse over the last decade, despite some significant successes by the group in both Oakland and San Francisco. But these days, founder and director Van Jones sounds more like a hopeful optimist than an angry radical. “When we first got started, our politics were more about opposition than proposition,” Jones told the Guardian. “We were more clear what we were against than what we were for.” An organization once prone to shutting down the halls of power with sit-ins is now working on prison reform legislation, doing antiviolence public education campaigns, and promoting the potential for a green economy to revitalize West Oakland and other low-income communities. “Now, I’m in a place where I want to see the prisoners and the prison guards both come home and get some healing,” Jones said. Some of that transformation comes from Jones’s evolving critique of progressive political tactics, which he has come to see as ineffective. “Our generation would be better if we had a little less New Left and a little more New Deal.” But the change was also triggered by a personal epiphany of sorts following his unsuccessful effort to stop the passage in 2000 of Proposition 21, which sent more minors into the adult correctional system. “I went into a major depression and I almost quit being an activist,” Jones, an attorney who turns 38 this month, told us. “It was a very personal journey, but it had a big impact on the Ella Baker Center.” The change has made allies of former enemies, like radio station KMEL, which was vilified for selling out the Bay Area hip-hop culture after Clear Channel Communications purchased the station, but which is now helping the Ella Baker Center spread its antiviolence message. The center has also attracted a new breed of employees to its ranks of 24 full-time staffers, people like communications director Ben Wyskida, who moved here from his Philadelphia communications firm last October. As he told us, “What drew me to the Ella Baker Center was this message of hope.” Jones has a critique of the problems and those in power that is as radical as ever, noting that authoritarians have taken power and essentially dismantled our democratic institutions. But he’s moved from diagnosis to prescription, telling us, “I think the ‘fuck Bush’ conversation is over.” His new approach hasn’t always gone over well with his would-be allies. Environmental groups including Greenaction boycotted Mayor Gavin Newsom’s photo-op posturing during World Environment Day last year, and they were critical of Jones for validating the event and using their absence to grab the media spotlight for his green economy initiatives. But Jones tells us he doesn’t get rattled by criticism that he’s playing nice with the powerful because he remains committed to helping the underclass. “The most important thing is to know who you’re for and know your history.” And if the group’s 10th anniversary black-tie celebration in the Oakland Rotunda was any indication, the Ella Baker Center has more support now than at any other time in its history. The guest list for the event was a veritable who’s who of every major political, grassroots, and environmental organization on the West Coast. Guests included Code Pink cofounder Jodie Evans, Mother Jones publisher Jay Harris, and actor-activist Danny Glover. “Radical means root — that’s what we have always been addressing,” Jones told us at the event. “We used to spend a lot of time pointing out the hurt in the community. Now we connect the points of hope.” To Jones, hope means tying the need to save the planet from global warming to the need for economic development in Oakland. “Let’s make it into job opportunities for poor people and build a green economy strong enough to lift us out of poverty. That’s hope. We want to take people out of the prison cells, into solar cells.” Jones’s allies see him as a silver-tongued visionary, a lighting rod who can bridge movements with apparently differing agendas. Activist Julia Butterfly Hill, a longtime friend and political ally of Jones, told us at the event, “Van shows he cares and he’s human, and he puts himself out there on the line. That’s why you saw this coming together. This is the voice, this is the conversation that the planet is literally dying for, and I really mean sick and dying for.” The evening, a spirited celebration of hope and achievement, gave influential friends a chance to size up where the group has been and where it’s headed. As Harris of Mother Jones told us, “Van is a big thinker. He really engages people’s imaginations in terms of what could be. There’s one way, which is to fight against the system. Van’s way is to reimagine the system.” There to bless the event, Glover warmly heaped his own praise on Jones by comparing him to the Civil Rights Movement worker who is the organization’s namesake. “When I think of Ella Baker and what she stood for, Van carries on that work, and I think that’s vital. We envision ourselves through the women and men that set a certain standard. Van sets a certain standard.” SFBG www.ellabakercenter.org

Notes from the underground

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› kimberly@sfbg.com
Looking for hints of San Francisco’s renowned underground nightlife? It pays to keep your eyes and nose to the ground — and to be textable. That’s one of the few subtle signs that the hottest underground party in town is happening right here on an early Sunday summer morning: reedy, peg-legged hipsters standing out by the curb on this barren, bulldozed Hunters Point artery, busily texting and talking up fidgety, insomniac friends about their next landing strip. Beats bang gently in the background as fashion-damaged kids dangle from the railings along the short flight of steps to the door, smoking and guzzling from sacks like it’s recess at their own semiprivate too-cool school.
Upstairs in a long, tall space lined with huge rectangular windows, the Sixteens are getting ready for a set. And everyone else — and that’s every-fucking-body — is madly dancing on the other side to stabbing electrotech beats that come off so metallic and grimy that you could slice yourself open and get a nasty infection on ’em. Is that arch-retro-candy raver actually swinging a stretchy glow stick with one hand while trying to hold on to a mixed drink in the other? Swirling moiré patterns, projections of flames, and found industrial footage lick the walls of the room and the faces of the dancers. A burnt-orange slice of summer moon is slung low in the sky as if already hungover from the shit-hot party raging below.
Closing time — you may not know whom you want to take home, but do you know where your next party is? Above-grounders might say “you don’t need to go home, but you can’t stay here,” but you needn’t turn into a pumpkin and pass out in your car just yet. Bay Area underground parties like this one — and of every imaginable stripe and musical genre — are where sleepless scenesters flock.
So why is the underground scene continuing to blossom like a hundred Lotus Girls on a dust-caked playa in a city chock-full of wholly legit clubs? This summer, as a series of humongoid dance clubs including Temple Bar SF, prepped to throw open their doors, one had to wonder: why bother going off the grid?
Perhaps that’s where you can find the sounds you crave, a frustrating chore when clubs book conservatively — and an experience that may end all too soon with the city’s 2 a.m. last call. DJs such as Jamin Creed of BIG are seeing their grime and dubstep parties, for instance, starting to blow up now both over- and underground after gestating in after-hours soirees. “It’s a music-orienting thing, to be honest,” says underground breaks party thrower DJ Ripple, né Lorin Stoll. Citing undergrounds in Big Sur as well as the Harmony fest in Santa Rosa, the ex-Deadhead sees continuity between the city’s Left Coast vibe and “the merging of the counterculture of the ’60s with the rave culture of the ’90s, merging with the experience and professionalism of Burning Man culture in the 2000s. It’s created this nice renaissance in underground music.”
Dub it an unintended fringe benefit stemming from the failure to change the city’s last call two years ago, an effort led by Terrance Alan, chairman of the Late Night Coalition and legislative chair of San Francisco’s Entertainment Commission. That move failed — after the San Francisco Board of Supervisors unanimously passed a resolution urging the state legislature to make the change — when the proposed legislation got stuck in committee at the State Assembly. Despite the support of the city’s Entertainment Commission, Board of Supervisors, and Mayor Gavin Newsom, the bill was opposed by antialcohol groups and organizations such as the Oakland Police Department, whose officers testified that a later last call in San Francisco would create traffic accidents in Oakland. “Those observations were never supported in the data on changes in last call,” Alan says today.
The reality is that partly as a result of those quashed endeavors, the Bay Area underground party scene continues to flourish, via Tribe.net, lists, and those omnipresent flyers. Tomas Palermo — a DJ, Guardian contributor, and former XLR8R editor — thinks the underground warehouse and techno event circuit has been bubbling along nicely since 1988, with surges in house in the early ’90s and explosions in drum ’n’ bass during the dot-com years. And even a seasoned listener like him isn’t immune to the simple pleasures of an outdoor beatdown: “In the last two weeks I went to a free [breakbeat] sound system gathering in a tiny grassy nook of Golden Gate Park and a Sunset Party in McLaren Park,” he e-mails.
The latter gatherings, put on by Pacific Sound System, just may embody the resilient, oh-naturel vibe of the undergrounds in this area. DJ Galen began the daytime Sunset Parties on summer Sundays about a dozen years ago at Golden Gate Park. Old-school — yep. Family oriented — believe it. Ideal if you’re still tweaked the morning after — maybe. An outdoor dance floor of up to 3,000 — yikes. “I just feel events are very much the reflection of the people who put them on, and you can kind of tell when people are doing it for money or just the pure feeling of bringing people together through music and the outdoors,” says Galen, who co-owns Tweekin Records. When he started the parties, he was a shell of a raver, burned out from lifelong training as a swimmer for the 1996 Olympics. “I hadn’t felt like I lived life and came home and some friends took me to a party and just opened my eyes,” he recalls, citing the Wicked Crew’s Full Moon Raves as inspirational. “Looked at all these people having fun and a sense of community — I just got so excited that this whole other world existed and got immersed in it.”
He maxed out his credit card, bought a sound system, and began playing house music in the park as the audience grew. His three-person collective has since produced successful overground boat parties, but they’ve maintained that earthbound sense of perspective. “I think that’s one major reason why things have gone well — we’re not out of it for ego,” he says. “We are very respectful of everyone, and in turn people are respectful of us. When we leave these parks, they’re spotless, and a lot of people have told us, ‘Wow, that was a really crazy party, but everyone’s so mellow and nice!’ SFBG

More underground:


Live bait: the secret life of warehouse shows


Oral Histories: underground gay sex clubs of the early ’90s

Party primer: underground party web sites

Shoot me instead!

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By G.W. Schulz

It’s not healthy for the press to be relentlessly pessimistic. In that spirit, hats off to Gavin Newsom for introducing a new plan designed to counter the city’s surge in violence. Critics, including this newspaper, have repeatedly demanded a bold plan, and the mayor appears to be stepping up to the plate. Here’s part of it.

There are a few problems with the plan, however. Newsom intends to enforce a controversial city curfew for kids 13 and under that’s already on the books. He says he’s willing to expend the political capital necessary to make it work. We’re proud of you for being bold, Gav. Seriously. This city needs strong leadership.

Welcome to the nightmare

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MEXICO CITY (Sept. 14th) – In an epiphany of how he might have to govern Mexico if, in fact, an aggrieved left opposition allows him to assume the presidency December 1st, right-winger Felipe Calderon had to be helicoptered to the bunker in the deep south of this conflictive capital, where the nation’s top electoral tribunal doing business as the TRIFE was to hand him the certificate attesting that he had, in the judges’ less-than-august opinions, won the hotly-contested July 2nd election from leftist Andres Manuel Lopez Obrador (AMLO.).

Upon emerging from the chopper, which had been accompanied by a military gunship, the stubby, balding Calderon, his eyes darting like the proverbial deer caught in the headlights, was quickly hustled into the TRIFE headquarters by the back door, a full 90 minutes before the actual ceremony was to commence, a subterfuge necessitated by the presence by thousands of AMLO’s enraged supporters, some of whom had already stripped naked.

Calderon’s witnesses – members of his campaign team and functionaries of the archly-rightist PAN party who had the misfortune to arrive by land — were greeted by clods of earth and screams of “Rateros!” (Thieves) and “Fraude!” (Fraud.) The ritual unfolded under a steady barrage of rotten eggs and tomatoes that AMLO’s people kept hurling at the TRIFE bunker, a kind of Aztec version of a U.S. missile silo, to express their unhappiness with the seven-judge panel that had neither heard nor seen any evil in the maladroit machinations of President Vicente Fox, the Federal Electoral Institute (IFE), and the PAN to steal the election from their candidate.

On September 5th, just hours before the constitutional deadline for confirming the next president of Mexico, the TRIFE had finally handed down its eagerly anticipated decision. In the learned justices’ unanimous judgment, outgoing president Vicente Fox’s unconstitutional intromission in the electoral campaign on behalf of Calderon had put the validity of the July 2nd balloting “at risk.”

Moreover, months of venomous anti-AMLO hit pieces designed by U.S. carpetbagger Dick Morris that labeled Lopez Obrador a DANGER to Mexico in big red letters “unquestionably” impacted the results and were illegally financed by big business councils that included such transnationals as Wal Mart and Halliburton, a patently criminal act.

In addition, the election was riddled with “arithmetic mistakes.” The TRIFE’s own recalculation of the actual vote count, effected by its much-maligned twin the IFE, demonstrated beyond a shadow of a doubt that Calderon had been credited with hundreds of thousands of votes that could not be substantiated by the number of ballots inside the ballot boxes. A partial recount of 9.7% of the 130,000 “casillas” (precincts) had turned up a total of 237,000 questionable votes that the TRIFE had chosen to annul, a quarter of those cast in the sample, and more than Calderon’s supposed margin which had been reduced to 233,000 out of a total 41.5 million cast.

Having duly noticed these egregious outrages, the seven judges concluded that they could not calibrate the impact of such organized criminal activity upon the final outcome and awarded the presidency to one Felipe de Jesus Calderon Hinojosa to the great delight and immediate congratulations of Mexico’s masters in Washington D.C.

Did the TRIFE go into the tank? Three of the justices are expected to be promoted to the Mexican Supreme Court when and if Felipe Calderon takes over the presidency. A fourth, Alejandro Luna Ramos, who will remain at the helm of the electoral tribunal, is a business partner of PAN topdog “El Jefe” Diego Fernandez de Cevallos – El Jefe won millions for the Ramos family from the Mexico City government before AMLO became mayor in a shady land deal involving the site of the Aztec football stadium. A Ramos sister sits on Mexico’s Supreme Court.

Lopez Obrador has suggested that the judges were willing recipients of “canonazos” (cannonades of pesos) to help them better contemplate the “validity” of the election. Porfirio Munoz Ledo, a hoary political chameleon who was Fox’s ambassador to the European Union, describes a post-electoral huddle at the home of Chief Supreme Court Justice Mariano Azuela, a Fox ally, where the Presidente warned the “TRIFitos” that should they declare the election null and avoid due to the overwhelming evidence of fraud, the Mexican economy would collapse and anarchy would reign in the streets. Although Munoz Ledo is an unsavory sort, his sources are usually impeccable.

Now that the TRIFE has legitimized the fraud, the IFE brain trust under the beady gaze of the chief architect of the July 2nd debacle, Luis Carlos Ugalde, is moving quickly to destroy the evidence. Following the modus operandi established after the stolen election of 1988 when the then-ruling PRI in connivance with the PAN ordered the ballots to be burnt by the military, the IFE has refused petitions from 16,000 suspicious subscribers to PROCESO magazine and a blue-ribbon commission of prominent members of the civil society to allow them to conduct a citizens recount of the ballots that are now, once again, under the protection of the military. Never! Ugalde and his mafia scoff. The ballots are “inviolable!” “The property of the people!”

But, on the other hand, the ballots are not “documents” open to public scrutiny as guaranteed by law, the IFE contends, and therefore are eminently “burnable” under current electoral stipulations. Ugalde’s ruling was described as “metaphysical” by National University law professor John Ackerman. According to the IFE’s hypothesis, the ballots were “documents” before they were marked by the voters but now they have been reduced to symbolic “expressions of the people’s will” and thus are candidates for the incinerator.

AMLO is sworn to preventing a repeat of the 1988 flimflam and his people are pleading with Azuela’s Supreme Court to stay the December date set for the burning – after all, an Ohio court just stepped in to save what ballots remain from Bush’s stealing of that state’s electoral votes in the smarmy 2004 presidential balloting. Not without a certain sense of déjà vu all over again, the final arbiter in this dispute may well be (who else but?) the TRIFE.

As illustrated by his armed airlift to the TRIFE silo, Felipe Calderon has a problem meeting the people he intends to govern over the next six years. In his first junket as president-elect, Fecal (as his detractors have dubbed him) took a sentimental journey to his native Morelia, the capital of the narco-ridden western state of Michoacan, where he was scheduled to lay a wreathe at the feet of that city’s namesake, Jose Maria Morelos y Pavon, a black defrocked priest who led the guerrilla war against the Spanish Crown several centuries before the 44 year-old Calderon first slithered from the darkness of his PANista mother’s womb.

Calderon’s family on all sides is a founding pillar of the PAN, an Opus Dei-like creature of Catholic bankers formed to denigrate Mexico’s beloved depression-era “Bolshevik” president Lazaro Cardenas, also a Michoacan native whose grandson, also Lazaro Cardenas, now besmirches that hallowed name as governor. Indeed, Calderon ‘s trip to Michoacan was designed to split Lopez Obrador’s three-party Coalition for the Good of All – young Cardenas is titularly a member of the PRD, AMLO’s home party, founded by his father Cuauhtemoc after he was swindled out of the presidency in 1988.

But Felipillo never made it to Morales’s feet (the good padre probably exhaled a sigh of relief). Hundreds of AMLO’s faithful tore down the barricades, tossed the usual rotten eggs and tomatoes at Calderon’s entourage, battled Cardenas’s state police and the elite Presidential military guard, and generally made the venue so unsafe that the wreath-laying had to be called off and the president-elect sped into a nearby locked-down convention center for a speech to a carefully-culled audience of “perfumados” (literally the perfumed ones.)

The draconian security measures at the convention center – sniffer dogs, metal detectors, pat-down searches – were not unwarranted. On the eve of Calderon’s confirmation, in Michoacan’s second city Uruapan, the capital of the state’s “hot lands” where drug cropping accounts for the whole economy, a ski-masked commando burst into a local dance hall, forced the patrons to lie face down on the dance floor under pain of being Swiss cheesed by the automatic weapons they were waving convincingly, and carefully removed five severed human heads from black plastic bags which they artfully arranged in the center of the “pista” (dance floor) with the accompanying message: “the family does not kill for money. It does not kill women. It does not kill innocents. Those who deserve to die, die. Justice is divine.”

This country has been visited by unspeakable acts of narco-terrorism in the months that Calderon has been blaspheming Lopez Obrador as “a DANGER to Mexico” (thanks Sasha for this observation). Such beheadings are now a regular feature of the cityscapes in Acapulco and Tijuana. Corpses are strewn in Baghdad-sized numbers each month in the rural outback of Sinaloa, Jalisco, Guerrero, Michoacan, and Chiapas. Judges are gunned down on their way to court at La Palma, Mexico’s maximum narco-lockup – published reports speak of a “psychosis of fear” spooking the nation’s judiciary. The brains of industry and the stock market are not immune from being splattered all over the street. Last week, the top official of a privatized customs agency part-owned by Fox’s financial secretary Francisco Gil, was cut down by professional hit men on a busy Mexico City street as the end-of-the-administration chickens begin to come home to roost. La Jornada, the left daily, has even gone on “suicide” watch – officials often blow their brains out or sever their veins with box cutters at such moments in the Mexican political dynamic.

The TRIFE’s confirmation of the stealing of the 2006 election has generated an avalanche of accolades for Felipe de Jesus – Bush and his crony ambassador Tony Garza were first in line to extend their congratulations all over again (they did so hours after the deeply flawed preliminary vote count came in July 2nd.) Spain’s Rodriguez Zapatero and his pals at REPSOL were right behind, looking to get in on the ground floor of the fire sale of privatization Calderon has pledged for PEMEX, the once-nationalized state petroleum enterprise. The U.S. State Department’s “democratic” answers to Hugo Chavez and Evo Morales, Alan Garcia and Oscar Arias, along with Salvador’s fawning Tony Saca chimed in. Improbably, so did Nestor Kirschner – can Fidel and Lula be far behind?

But to my ear, the most appropriate toast to Felipe Calderon ‘s confirmation as the next president of this dangerous neighbor nation was one that was not sounded (at least not yet.) In 1994, after Ernesto Zedillo had finally relieved the reviled Carlos Salinas at the wheel of state, the still missing-in-action Subcomandante Marcos scribbled salutations to the new prez that began, much as does this chronicle, “Welcome to the Nightmare.”

This past Sunday, Lopez Obrador’s weekly packed-as-usual revival meeting in the Zocalo transpired parallel to Felipe Calderon’s “victory” celebration, held appropriately enough in a bullring in an affluent district of the capital. AMLO’s numbers as always dwarfed his diminutive rival’s – the PAN reportedly padded out the crowd by requiring the compulsory attendance of Catholic school children and their parents. and the wealthy burghers in the south of the city were said to have obligated their servants to attend.

While the President-elect swore vengeance on his enemies across town, AMLO did not. As always, he let his furious flock call Fecal bad names but eschewed even mentioning his rival. Lopez Obrador had other plans. The seven week, seven mile encampment of his followers that so vex upper and middle class “capitolinos” would stay in place through Friday night, September 15th, the eve of Mexican Independence Day when AMLO intends to deliver the “Grito” of “Viva Mexico!” to the multitudes gathered in the great square, an honor reserved for the President of Mexico.

But rather than challenging the Mexican military, AMLO’s people will then dismantle their encampments and retreat from the Zocalo for 12 hours to allow the Generals and Admirals to conduct their traditional Independence Day parade. “The army belongs to the people, not the government – we have no argument with this institution,” AMLO explained seeking to mollify his militants who are reluctant to step back. “Many members of military families voted for us July 2nd. And besides the troops are so badly paid that they can’t even support their families.”

Once the military procession which always features tanks and jet fighter planes is done with – Vicente Fox will wave it on from a balcony of the National Palace and receive it at the newly refurbished (by the PRD Mexico City government) Angel of Independence – an expected million delegates to Lopez Obrador’s National Democratic Convention (CND) will retake the Zocalo and sit in session to install AMLO as the legitimate president of Mexico.

But Fox, who was prevented from delivering his State of the Union address to congress September 1st when Lopez Obrador’s senators and deputies stormed the tribune, is said to be obsessed with decrying his final Grito from the presidential balcony overlooking the Zocalo. Cornered between his hubris and personal ambition for a notch in history, and the huge angry crowd seething in the plaza below, the outgoing president could make a fatal mistake by turning the military and/or the military police on AMLO’s people to force them out of the Tiennemens-sized square that sits at the heart of Mexico’s political life, a move that indeed invokes both Tiennemens and Tlatelolco where in 1968 hundreds of striking students were massacred by the paranoid, anti-communist president Gustavo Diaz Ordaz, and a wound that has never closed here.

As Sub Marcos so eloquently waxes: “Welcome to the Nightmare.”

John Ross’s “ZAPATISTAS! Making Another World Possible – Chronicles of Resistance 2000-2006” will be published in October by Nation Books and the Blindman will set out on a tour of the left coast from border to border and beyond to flog it. But before the flogging comes the honeymoon. Sasha Crow and John Ross (they met while human shielding in Baghdad) will be traveling in Turkey and Greece for the next few weeks.

Terrorizing the peace marches

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› gwschulz@sfbg.com
If any questions remain today as to how the law enforcement establishment views antiwar activists in the post–Sept. 11 world, just follow the money for answers.
The San Francisco Police Department was paid $3.3 million from the US Department of Homeland Security to cover overtime costs for officers who patrolled the major antiwar demonstrations of early 2003.
After months of haggling, the Governor’s Office of Homeland Security finally turned key records over to the Guardian. They showed that the money came from a federal “critical infrastructure protection” grant and covered police overtime costs that were incurred by the city between March 2003 and October 2004.
The overtime payments concentrated mostly on more than two weeks’ worth of large protests that occurred in San Francisco around the outset of the war in Iraq. On March 23, 2003 — the first full day after the war began, when the city was nearly shut down by the demonstrations and there were nearly 2,000 arrests — the overtime costs covered by terror money alone reached nearly $800,000.
Other days’ payment ranged from $5,000 to as much as $500,000. Most of the Police Department records included in one file the Guardian obtained describe the events as “anti-war demonstrations,” but one protest is identified as an “alternative bicycle event,” while another is listed as a “Global Exchange Protest of Fox News.”
To obtain the federal antiterror funding, local governments must first spend their own money and follow up with a request for reimbursement from the feds. While the critical infrastructure protection grant exclusively covers overtime expenses, the records we obtained happen to show the full amounts motorcycle patrol officers earned to work the protests: sometimes up to $80 an hour.
San Francisco already pays out millions of dollars annually for overtime expenses from the city’s General Fund to cover chronic staff shortages at the Police Department. The San Francisco Office of the Controller predicted in March that overtime expenditures generated by the department would climb to around $20 million by the end of fiscal year 2005, $7 million more than the year before.
During the spring budget process, police officials asked the city for $12.5 million to send 250 new wannabe cops through academy classes. But the department hopes to hire 350 to 400 more sworn and nonsworn employees over the next three years. Mayor Gavin Newsom made new police recruitments a top priority in his proposed budget for fiscal year 2006–07.
In 2003, the San Francisco Chronicle reported that then-mayor Willie Brown intended to cover some of the costs of the city’s widely publicized antiwar protests through federal terror funds. An agreement for the total award between San Francisco and the state, which administers the federal funds, was signed in August 2003 by former budget director Ben Rosenfield, who worked for the both Brown and Mayor Newsom. Spokespeople for Newsom and the Police Department did not answer our inquiries in time.
At the time of the protests, Brown seemed to really stretch in his attempt to link them to a terrorism threat. According to the Chronicle, Brown said, “Terrorists could use the demonstrations as a ‘cover’ to get near the bridges or targeted buildings in the Financial District or Civic Center area.” (G.W. Schulz)

Progressive Voter Index

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By Steven T. Jones
Despite Mayor Gavin Newsom’s rhetorical efforts to dismiss the importance of ideology in San Francisco politics, this is a town the is deeply divided between progressives and Establishment moderate-to-conservatives. And the battle we fight is an important one that will determine whether San Francisco remains open to low-wage workers, tolerant of diversity, and a leader in combatting the dismal and divisive policies being perpetrated on the state and federal levels.
OK, OK, maybe y’all know that. But to get more insights in where the battlelines are drawn in San Francisco — right down to the level of individual precincts and neighborhoods — you’ll need to spend a little time studying the latest version of the Progressive Voters Index. Kudos to political scientists Rich DeLeon and David Latterman — and the good folks over at www.sfusualsuspects — for providing this valuable resource.

Gala Symphonix

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The noses were small, the dresses were expensive, the Mayor was in attendance, and the music was sublime. Yep, I crashed the annual SF Symphony Opening Gala, chockful o’ Zellerbachs, Wilseys, DuPonts and whomever else rich-like, and lived to blog all about it (despite being almost kicked out for yodeling during the singing of the National Anthem, ahem.)

natgeo1.jpg
“Pose for the Guardian? I’ve been in National Geographic, and I thought that was weird …” (actual quote)

The cost of harassing the homeless

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EDITORIAL Mayor Gavin Newsom, who has always talked about treating homeless people with compassion, is allowing the cops to do just the opposite — and it’s costing the city millions. As Amanda Witherell reports on page 11, the San Francisco Police Department under the Newsom administration has issued 31,230 citations for so-called quality of life offenses like sleeping on the streets, sleeping in the parks, and panhandling. In a pioneering study, Religious Witness with Homeless People reports that issuing and prosecuting those citations cost taxpayers $5.7 million over the past two years.
This is a reminder of the failure of the Newsom administration’s housing policy — and a terrible waste of law enforcement resources. The mayor needs to put a stop to it now.
Think about it: most homeless people are living on the streets because they don’t have the money for housing in this famously expensive city. In the vast majority of the cases, giving someone who’s broke a ticket for $100 is a colossal waste: the offender isn’t going to be able to pay anyway, so the unpaid ticket turns into an arrest warrant. The next time around, the police can nab this person and put him or her in jail (costing the city $92.18 a day, according to the Sheriff’s Department). In the end, 80 percent of the citations are dismissed anyway — but not before the police, the courts, the district attorney, and the sheriff run up a huge tab.
In some cases, it’s just another hassle for homeless people. In other cases though, these seemingly minor tickets can rob someone of the last vestiges of a semitolerable life. The list of quotes from homeless people included with the study is, to say the least, depressing:
“They wake me up in the morning and threaten to arrest me if I don’t stand up and start walking. The drop-in centers are full, so I either walk or get ticketed. I can’t walk all day long.”
“They took my vehicle away because I slept in it in the mornings while waiting to get another construction job. Losing my truck was the worst thing that ever happened to me. I can’t get a job without my truck, so now I’m on the street.”
“Just one ticket for sleeping can violate my parole, and then I’ll be in [prison] with murderers.”
“I went to Project Homeless Connect, and they really helped me. Two days later, they arrested me for not paying my tickets.”
The city is facing a homicide epidemic. The police brass constantly complain that there aren’t enough uniformed officers to keep the streets safe. Sup. Ross Mirkarimi is having to fight to get approval for a modest pilot program that would put exactly four officers on foot patrols in high-crime neighborhoods; that program could be funded for less than one-tenth what the city is spending harassing the homeless.
It makes absolutely no sense for the police to be wasting time issuing these sorts of citations. Sure, violent people who are a threat to the public need to be kept off the streets — but that’s only a very small number of the homeless in San Francisco. Letting people sleep in the parks or in their cars isn’t a solution to the homeless problem — but it’s hardly a massive threat to the city’s populace (and certainly not when compared to the growing murder rate).
Newsom, of course, could and should make a public commitment to spending that $5 million in a more useful and productive way. And the Police Commission should look into the Religious Witness study and direct the chief to order officers away from giving quality-of-life citations.
If none of that happens, the supervisors ought to look into this too. If the cops have the money to be chasing panhandlers and car sleepers, the budget committee should look at the department’s allocation and see if some of those resources can’t be better spent fighting actual crime. SFBG

Homeless disconnect

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› amanda@sfbg.com
The shelter of a slim door frame, the outstretched palm asking for a dime: this is how hundreds of San Francisco’s homeless get by, once the soup kitchens close and the shelters cry “No Vacancy.”
But panhandling, blocking the sidewalks, and lodging in public are a few of the 15 quality-of-life violations for which the San Francisco Police Department regularly issues citations. In the 30 months that Mayor Gavin Newsom has been in office, the cops have issued more than 31,000 such tickets.
And according to a study by Religious Witness with Homeless People, it’s been a colossal waste of money.
The study — released at a City Hall press conference Aug. 31 — revealed that more than $5.7 million in taxpayer money has been spent on police, paperwork, and court staff issuing and prosecuting these violations.
The group reviewed documents from the Police Department, Sheriff’s Department, district attorney, public defender, city attorney, and the Traffic and Criminal divisions of the SF Superior Court, as well as interviewing nearly 200 homeless people about their experiences being swept off the streets and into the courtrooms and jails. According to Sister Bernie Galvin, who founded the interfaith coalition in 1993, no study of this scope and magnitude has ever been conducted in San Francisco.
“Most of these people haven’t committed a crime,” Galvin said. “They’ve received [tickets] for simply existing: the crime of being poor and on the street.”
Approximately 80 percent of the citations are dismissed in the courts when the violator fails to show or can’t pay the $100 fine, but then a warrant is issued for the person’s arrest. Here’s the rub: with an active arrest warrant, a homeless person can’t access city services, the very essentials that eliminate the need to sleep in the park and pee on a tree.
“We’re spending all this money, and the result is counterproductive,” said Elisa Della-Piana, a legal advocate for the homeless.
Rabbi Peretz Wolf-Prusan, one of several religious leaders, lawyers, and homeless advocates at the press conference, pointed out that a simple background check for employment or housing would reveal the arrest warrant. “Housing, jobs, drug treatment, federal and state benefits are all threatened by these little green pieces of paper,” he said, gesturing to the mountain of paper violations stacked on a nearby tabletop.
“If you’re homeless on the street and receive a citation for over $100, this is a Kafkaesque moment,” he went on to say. Homeless people are currently granted $59 of public money a month under Newsom’s Care not Cash program, down from $419.
Newsom has said he’s reduced the number of quality-of-life citations by 17 percent; however, Galvin contends that number draws from a pool of eight possible violations when there are actually 15 that fall in the category. Within that 15, some have doubled in number, with public camping violations having tripled.
While Galvin made a point of commending the work Newsom’s Project Homeless Connect has done in galvanizing volunteers and reaching about 1,000 people in need, she said, “Until we have the capacity to meet the needs of all these other people, it’s morally unjust to criminalize them.”
“I went to Project Homeless Connect, and they really helped me. Two days later, they arrested me for not paying my tickets,” said one of the homeless people interviewed for the study. Another said, “I never got a ticket in my life for anything, then I lost my job, couldn’t pay my rent, became homeless. I got tickets now and probably warrants all for just being in the park. They just keep beating you down.”
Galvin added that Newsom has not responded to four letters requesting a meeting. “This is the first mayor who’s refused to meet with us,” she said of Religious Witness, which got its start fighting Mayor Frank Jordan’s tough-love Matrix policy of the ’90s. “Mayor Newsom is responsible for this city,” she said. “He must stop enforcement of these unjust laws.” SFBG

The silent scandal

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Editor’s note: This story has been altered to correct an error. The original version stated that an Examiner editor had admitted in court testimony to providing positive coverage to politicians in exchange for help with a business deal. The person who testified to that was not an editor, but Publisher Tim White, and he was talking about editorial, not news, coverage.

› gwschulz@sfbg.com
After William Randolph Hearst flunked out of Harvard in the 1880s, he pursued a new career path, asking his wealthy father for only one thing: the San Francisco Examiner.
Young William didn’t stop with the Examiner — over his lifetime, he accumulated dozens of newspapers nationwide. Eventually, one in five Americans regularly read a Hearst paper.
That seems like a lot of power and influence, and it was. But it’s nothing compared to what the heirs to Hearst’s media mogul mantle are doing today.
In fact, the Hearst Corp. is working with another acquisitive newspaper magnate, William Dean Singleton, to lock up the entire Bay Area daily newspaper market. If the project succeeds, one of the most sophisticated, politically active regions in the nation may have exactly one daily news voice.
That worries Clint Reilly.
The political consultant turned real estate investor has sued the Hearst Corp., owner of the San Francisco Chronicle, for the second time in a decade to stop a partnership he fears will eliminate the variety of voices among newspapers in the Bay Area.
It’s an amazing story, full of politics, big money, secretive arrangements, and juicy executive bonuses. What’s at stake? Control over one of the most lucrative businesses in Northern California.
But for the most part, you aren’t reading about it in the daily papers — which means you aren’t seeing it on TV or hearing about it on the radio.
In fact, the blackout of the inside details of the Singleton deal and Reilly’s effort to stop it is one of the greatest local censored stories of the year — and the way the press has failed to cover it demonstrates exactly what’s wrong with monopoly ownership of the major news media.
The story began in the spring when one of the nation’s more respected newspaper chains, Knight Ridder, was forced to put itself up for sale after Bruce Sherman, a prominent shareholder, decided that the company’s relatively healthy profit margins (and dozens of Pulitzers) were simply not enough.
It’s the nature of publicly traded companies to be vulnerable to shareholder insurrections, unless they have multiple classes of stock. Knight Ridder didn’t, and although its former chief executive, P. Anthony Ridder, later said he regretted the sale, Knight Ridder went on the block.
The Sacramento-based McClatchy chain bought the much bigger Knight Ridder but needed to sell some of the papers to make the deal work.
In the Bay Area, Knight Ridder’s two prime properties, the San Jose Mercury News and the Contra Costa Times, were bought by MediaNews Group, the Denver-based conglomerate run by Singleton. That was a problem from the start: Singleton already owned the Oakland Tribune, the Marin Independent Journal, the San Mateo County Times, and a series of smaller local papers on both sides of the bay. The two former Knight Ridder papers would give him a near-monopoly on daily newspaper ownership in the region; in fact, there was only one daily in the area that would be in a position to compete with Singleton. That was the San Francisco Chronicle.
But in one of the strangest deals in newspaper history, Hearst — the erstwhile competitor — joined in the action, buying two of the McClatchy papers (the Monterey Herald and the St. Paul Pioneer Dispatch) and then immediately turning them over to Singleton, in exchange for some stock in MediaNews operations outside of California.
When news of the transactions first broke, MediaNews publications and the Hearst’s Chron covered it extensively, more than once putting the billion-dollar partnership on the front pages. (The transactions also involve a company formed by MediaNews and two of its other competitors, the Stephens Group and Gannett Co., called the California Newspapers Partnership.)
Since then, however, coverage has been overshadowed by JonBenet Ramsey and local crime news. The real story of what happened between Hearst and Singleton and how it would devastate local media competition never made the papers.
If this had been a deal involving any other local big business that had a huge impact on the local economy and details as fishy as this, a competitive paper would have been all over it. And yet, even the Chron was largely silent.
In fact, when Attorney General Bill Lockyer decided not to take any action to block the deal, the Chron relegated the news to a five-paragraph Reuters wire story out of New York, buried in the briefs in the business section. The original Reuters story was cut; the news of Reilly’s suit and his allegations didn’t make it into the Chron version.
At times, the new Singleton papers have treated the story with upbeat glee: in early August, the Merc proclaimed in a headline that the area’s “New media king is having fun.”
The story noted: “MediaNews is privately held, a step removed from the Wall Street pressure that forced the Mercury News’ previous owner, Knight Ridder, to put itself up for sale…. Singleton is its leader, and by all accounts, a man who lives, breathes and loves newspapers.”
Longtime media critic and former UC Berkeley journalism school dean Ben Bagdikian, author of The Media Monopoly, told the Guardian that most of the coverage so far has focused on the business side of the transactions.
“The coverage I’ve seen has simply described the devices they used to divide the McClatchy chain and did not describe how cleverly it was designed to avoid an antitrust action,” Bagdikian said.
Here’s some of what the daily papers have ignored:
The Hearst deal was certainly good for MediaNews, because on the same day the agreement was signed, top executives at the company were awarded $1.88 million in bonuses. MediaNews president Joseph Lodovic earned the chief bonus of $1 million, while the president of MediaNews Group Interactive, Eric Grilly, received over $100,000 in bonuses on top of a $1.25 million severance package for retirement. The figures were disclosed in the company’s most recent Securities and Exchange Commission filing.
Hearst has insisted repeatedly that its investment in MediaNews involves only tracking stock, meaning its up-and-down value rests solely on the performance of MediaNews businesses outside of California. Such a structure may help the two companies comply with antitrust rules — for now.
But in a little-noticed footnote included in a July memo filed by Hearst in response to Reilly’s lawsuit, the company revealed that its tracking stock could still be converted to MediaNews common stock in the future — meaning it would then have a stake in the entire company, including its Bay Area holdings. “The tracking stock will be convertible into ordinary MNG common stock, but that will require a separate, future transaction and its own Hart-Scott-Rodino review,” the July 25 document states.
In other words, public records — information freely available to the 17-odd business reporters at the Chronicle — show that Hearst’s fundamental presentation of the deal is inaccurate. Hearst is not just a peripheral player in this deal; the company is a direct partner with Singleton and thus has no economic incentive whatsoever to compete with the Denver billionaire.
And that means there will be no real news competition either.Reilly has been in politics most of his adult life, and he knows what happens when one entity controls the news media: perspectives and candidates that aren’t in favor with the daily papers don’t get fair coverage.
Newspapers, he told us recently, are charged with checking the tyranny of government; without competition they will fail to check the tyranny of themselves.
“The combination intended to be formed by these defendants constitutes nothing less than the formation of a newspaper trust covering the Greater San Francisco Bay Area,” Reilly’s suit states, “implemented through anticompetitive acquisitions of competing newspapers, horizontal divisions of markets and customers, and agreements not to compete, whether expressed or implied.”
A federal judge recently tossed Reilly’s request for a temporary restraining order against the Hearst transaction. But Reilly’s overall lawsuit, designed to stop Hearst’s $300 million investment in MediaNews, will still wind its way through the courts, and Judge Susan Illston signaled in her last order that she would “seriously consider” forcing MediaNews to give up some of its assets if the court finds the company’s transactions to be anticompetitive.
There are clear grounds to do that. In fact, as Reilly’s attorney, Joe Alioto, points out in his legal filings, the monopolists have made the argument themselves. When Reilly sued to block the Examiner-Chronicle deal in 2000, Hearst, which wanted to buy the Chron and shutter the Examiner, argued that closing the Examiner would have no competitive impact — since all the other competing Bay Area papers provided the reader and advertiser with a choice. Now the lawyers are arguing just the opposite — that the Chron and the outlying papers never competed in the first place.
Hearst will more than likely argue in court that since its newspapers face unprecedented competition from online content, there’s technically no such thing as a one-newspaper town. The world is globally connected now, this thinking goes, and the Chron and MediaNews both face competition from popular blogs such as Daily Kos and Valleywag on the West Coast and Gawker and Wonkette on the East Coast.
But that ignores a media reality: for all the power and influence of bloggers and online outlets, daily newspapers still have the ability to set the news agenda for a region. Among other things, local TV news and radio stations regularly take their cues from the daily papers — meaning that a story the dailies ignore or mangle never gets a real chance.
MediaNews argues in its most recent memo to Judge Illston that “any potential anticompetitive effect of the transactions against which the Complaint is directed is greatly offset and outweighed by the efficiencies that will result from those transactions.”
“Efficiencies” isn’t actually defined, but if the past is any indication, jobs could be the first place MediaNews looks to “efficiently” save money for its investors — at the cost of performing the traditional role of a newspaper to monitor government.
Reporting — real reporting — is expensive. It requires experienced journalists, and a good paper should give them the time and resources not only to watch day-to-day events but also to dig deep, below the headlines.
That’s not the monopoly media style.
Speaking in general terms, Jon Marshall, who runs the blog Newsgems and teaches at Northwestern University’s Medill School of Journalism, wrote us in an e-mail that newspapers have to be willing to invest in innovation now, while there’s still time.
“If newspapers really want to win back readers, they’ll need to start offering more outstanding feature stories that really dig deep and have a big impact on their communities,” Marshall wrote. “Readers need a reason to turn to newspapers rather than all the other content that’s now available through the Web. Newspapers will have a hard time creating these outstanding stories on a consistent basis if they keep paying their current skimpy entry-level salaries.”
The pattern Singleton is known to follow isn’t unique. A recent survey conducted by journalism students at Arizona State University revealed that the nation’s largest newspapers are giving reduced resources to investigative and enterprise reporting as media companies trim budgets to maintain or increase profits. More than 60 percent of the papers surveyed, the report stated, don’t have investigative or projects teams.
Brant Houston, executive director of Investigative Reporters and Editors, told us that while teams of reporters dedicated exclusively to investigations may be disappearing, many papers are willing to pull staffers away from their regularly assigned beats to make sure that big stories are thoroughly covered. But, he said, Wall Street’s haste to make money could backfire if readers head elsewhere in search of more exclusive content.
“I think everything is in flux right now,” Houston said. “Everyone’s trying to figure out what the next newsroom looks like.”
Luther Jackson, an executive officer of the San Jose Newspaper Guild, which represents staffers at the Merc, said it’s too early to determine the impact of MediaNews on the paper. The union just recently began new contract negotiations with the company, while the previous agreement, which expired in June, remains in place. Jackson said he didn’t believe the Merc’s Silicon Valley readers would tolerate any dramatic dip in quality coverage.
“We have a problem with the idea that you can cut your way to excellence,” Jackson said.
Just six years ago, after Reilly sued Hearst the first time to stop its purchase of the Chronicle and subsequent attempt to shut down the Examiner, trial testimony revealed that the Examiner had, in fact, abused its editorial power to advance its business interests. Examiner Publisher Tim White admitted in open court that he had traded favorable editorial coverage to then-mayor Willie Brown in exchange for his support of the Chronicle purchase.
Reilly lost that one — but for now this case is moving forward. The suit could be the last legal stand for people who still think it’s wrong for one person to dominate the news that an entire region of the country depends on — and at the very least will force the story of what really happened out into the open. SFBG
PS At press time, Judge Illston ordered the trial be put on the fast track and set a trial date for Feb. 26, 2007. See the Bruce blog at www.sfbg.com for more info.