Planning

Importing injustice

0

› news@sfbg.com

More than 100 tractor trailers were lined up at 6:30 a.m., inching toward the Port of Oakland’s Terminal 7, waiting for their next load. Against the backdrop of the San Francisco skyline, a mammoth freight ship emblazoned with the name Hyundai glided toward the port, pregnant with multicolor shipping containers.

A driver told the Guardian that he expected to be in line for at least two hours waiting to drop off the empty container attached to his big rig. His 1989 truck lacks air-conditioning, so the windows were rolled down, allowing diesel exhaust to pollute the air he was breathing.

It’s the same scene at many of the port’s other terminals: long lines of ancient trucks slowly snaking toward their destinations, their primarily immigrant drivers performing the essential and thankless task of transporting cheap clothes from Asia to the nation’s big-box retailers or helping to export California’s agricultural goods to Hawaii.

The fourth-busiest container port in the nation, the Port of Oakland is the economic engine of the region, providing thousands of jobs and more than $1 billion in revenue. But activists say that the port system has also led to sweatshoplike conditions for truckers and created a health crisis for the surrounding community.

On their poverty-level wages, truckers are usually able to buy only the oldest, most polluting trucks. Their diesel pollution is a major factor driving asthma rates through the roof in the neighboring, primarily African American neighborhood of West Oakland, where, the American Lung Association says, one in every five kids has asthma.

A new national coalition of labor, environmental, and community activists has advanced a proposal that would make all drivers employees with benefits, radically changing the way work is done on the waterfront and possibly heralding the return of the Teamsters to the ports for the first time in more than 20 years. In the process, the proposal would make the port’s biggest customers responsible for its environmental problems.

The coalition places the blame for the current situation squarely on giant retail shippers such as Wal-Mart and Target and is calling for them to be held accountable for the full environmental and labor costs of the cheap goods they sell — a call the corporations are strenuously resisting. The American Trucking Association, whose members contract directly with the corporation, has threatened a lawsuit if the change is adopted. But port officials have voiced a willingness to seriously consider implementing the proposal.

Having long claimed that the trucking industry is outside its control, the Port of Oakland could embrace the proposal as a means of satisfying community, environmental, political, and business concerns. With impending directives to clean the air coming from Sacramento, trade planned to almost double by 2020, two new Port Commission appointees representing labor and environmental concerns, and a federal antiterrorism tracking plan slated for this fall, the port is poised to play a leadership role that could reverberate up and down the West Coast and across the country.

THE TRUCKER’S LIFE


The Port of Oakland’s estimated 1,500 to 2,500 drivers are a far cry from the middle-class, long-haul Teamsters and the Smokey and the Bandit–<\d>style freewheeling rebels who have long been engrained in the American imagination. Instead, they are at the bottom of the port’s food chain and are the most exploited trucking sector in the country, consisting primarily of recent immigrants struggling to make ends meet.

Dawit Fre, 39, immigrated to Oakland from the small nation of Eritrea two years ago. "I wanted to see a better life," he told us. Fre was a driver in Africa and went to work for the Port of Oakland after his cousin told him people start their trucking careers there. He said he works up to 60 hours a week for one company, making the equivalent of about $8 an hour after expenses.

Fre arrives at work every day no later than 6:30 a.m., waits for dispatches from his company, and spends a minimum of two hours in line for each container he picks up or drops off. He is paid $42 for each load by the company. He doesn’t know how much the trucking companies make but has heard that some get $200 per load. He returns home around 6:30 at night.

"The whole time I’m at the port, I’m thinking about my family," he said. "I got children. The only thing I’m thinking inside the terminal is, how many moves am I going to do? Am I going to do four or five or three or two?"

On a good day he can get four, on a bad day as few as one, depending on the length of the lines and the generosity of the dispatcher. Then there are his expenses. As an independent operator, Fre is solely responsible for a tankful of diesel that costs him up to $250 a pop. DMV registration is $178 a month, and 12 percent of his weekly earnings goes to his boss for insurance on his truck, not to mention annual federal income tax.

He receives no benefits, no overtime pay, and no health care coverage at a time when his wife, a diabetic, is suffering from severe stomach complications. "I’m taking her to Highland Hospital," he told us. "If it’s easy for them to fix, they can do it. But if she has a big problem, they can’t do it."

Fre has his own health problems. "Most of the drivers, we have old trucks," he said. "You don’t have AC, your windows are down, and you get sick in the truck" from the diesel. Fre’s remedy for his persistent coughing and the burning in his throat is several glasses of milk after each day of work.

A 1998 study published in the Journal of Independent Medicine found that truck drivers face a risk of cancer 10 times greater than Occupational Safety and Health Administration–acceptable levels, and a 1990 study published in the American Journal of Public Health showed that truckers face nearly double the average lifetime lung cancer risk.

Fre has little money to invest in his truck, a ragged 1987 model that he said needs $5,000 in repairs. He doesn’t trust it on the freeway, so he’s asked his dispatcher to send him only from pier to pier, not outside the port, further dipping into his earnings. "I came here to see a better life," he said. "When I got here, I found it is different. Here we don’t get paid for the overtime. We don’t get benefits. When I get into the terminal, there is no respect."

His experience is typical of those of port truckers across the country. A study by the East Bay Alliance for a Sustainable Economy, a labor-affiliated think tank, found that the average Port of Oakland trucker makes as little as $8 an hour after expenses, works 11 hours a day, and spends two and a half hours in line per load. Almost none of the truckers reported receiving benefits on the job, and 66 percent don’t have health insurance.

This is consistent with data from a 2004 survey of port truckers in Los Angeles and Long Beach, conducted by a professor of economics at California State University Long Beach. That report found they had a median income of $25,000 a year after expenses and an average workday of 11.2 hours, with up to 33 percent of their time spent waiting in line.

Port truckers generally drive only the oldest, most polluting trucks because that’s all they can afford. An industry adage is that ports are "the place trucks go to die," a reality that has dire impacts on the surrounding communities.

POLLUTING THE COMMUNITY


West Oakland has long been a dumping ground for the Bay Area’s toxic waste. The community has one of the five highest asthma hospitalization rates in California, with an estimated 20 percent of its K–<\d>12 students suffering from the disorder, according to the ALA. Researchers at the University of Southern California have found that children living within a few hundred meters of freeways leading out of ports not only are more likely to suffer from asthma but also actually develop smaller lungs.

Margaret Gordon, a 60-year-old community health activist who has lived just blocks from the Port of Oakland for 15 years, told us that she and four of her grandchildren living with her all suffer from asthma. When one grandchild was born with severe asthma and her own asthma worsened after she moved to West Oakland, Gordon, then a housekeeper, started reading about the causes of asthma and made the connection to the port. Like many in the low-income neighborhood, she cannot afford to move elsewhere in the Bay Area.

Gordon has been fighting for clean air for more than a decade, and in April she was inducted into the Alameda County Women’s Hall of Fame for her work. In 2001, Gordon formed the West Oakland Environmental Indicators Project, which she now cochairs. The project has released more than half a dozen studies related to air quality. A 2003 report showed that trucks traveling through West Oakland in one day produce the same amount of toxic soot as 127,677 cars, leading to indoor air in some neighborhood homes that is five times more toxic than that in other parts of the city.

Still, Gordon told us that port officials are "only starting paying attention." Last year the California Air Resources Board passed a resolution related to air quality at ports and announced that it was developing a regulatory mechanism. A 2006 CARB report found that truck diesel exhaust accounts for the majority of the estimated 2,400 deaths related to freight transport each year and 70 percent of the state’s air pollution–<\d>related cancer risk. Freight transport will cost California residents $200 billion in health costs over the next 15 years. Most of this is borne by low-income communities of color near freight transport hubs.

The combination of state mandates and local community concerns is starting to spark a change. "They would sit down and talk with us before that, but there was not anything concrete done," Gordon told us. The port is now in the early planning stages of an air-quality-improvement program, working with Gordon and other activists.

That movement is getting vigorous new support from the Coalition for Clean and Safe Ports, a national partnership of labor, environmental, and community activists organizing at the country’s major container ports: Los Angeles, Long Beach, Miami, Oakland, New York–New Jersey, and Seattle.

"Every one of those ports has the same environmental and labor problems we have in Oakland," Doug Bloch, the coordinator for the coalition in Oakland, told us during a tour of the port’s heavy industrial landscape. Virtually all of its 900 maritime acres are covered by concrete and asphalt, monster cranes that inspired Star Wars‘ Imperial Walkers, and 20-foot steel containers stacked up like Legos behind chain-link fences.

The Port of Oakland has no direct relationship with its truckers at the present. Shippers take price bids from among roughly 100 trucking companies at the port, then contract the work to the independent-contractor truckers. The CCSP says bidding wars lead to poverty wages for truckers, older trucks and more pollution, and a chaotic port full of inefficiencies like long pickup waits.

Under the proposed system, ports would call on their ability as landlords to set standards for the trucking and shipping companies. They would require trucking companies to hire drivers as employees, shifting maintenance costs from the drivers to the companies, which would retrofit or replace all port trucks with more environmentally friendly rigs. The ports would allow only new, cleaner trucks to enter. The companies could then, in theory, pass the costs on to shippers and end users.

If drivers were paid as employees by the hour instead of by the trip, the coalition expects the market would reduce inefficient truck wait times and air pollution.

"When you rent an apartment you sign a lease," Bloch told us. "If you trash the place, you get evicted. Corporations are trashing this community, but they’re not being evicted."

A test case could soon be under way at the ports of Los Angeles and Long Beach, the two largest in the United States, and the situation is being closely watched by ports and industries across the country. Port commissioners there had hoped by the end of this month to approve the coalition’s program, which they expect to reduce diesel truck emissions by as much as 80 percent over the next five years. But growing opposition and the threat of lawsuits by groups like the California Trucking Association, which represents the owners of truck companies, and the Waterfront Coalition, a consortium of major retailers, led the ports to delay their decision. The commissioners now expect to vote in September after completing an economic impact survey.

At the center of the storm is the fact that as employees, truckers would be able to organize and form a union. As independent contractors, they are barred from doing so because of antitrust laws originally created to oppose vast enterprises that dominated industries. (A further irony is that giant retail steamship companies have experienced incredible consolidation and enjoy a limited antitrust immunity.)

If passed by LA port officials, the plan would be implemented there starting Jan. 1, 2008, and could result in a domino effect at the other, smaller ports across the country. "The industry is fighting like hell in LA," Bloch told us. "They know that if they’re going to have to pay, the party’s over."

Meanwhile, Bloch told us that more than 1,000 truckers have signed a petition asking the Port of Oakland to pass a version of the coalition’s proposal, and it will be presented to the Port Commission, the seven-member body that would eventually vote on the proposal. Spokesperson Libby Schaff told us that the port "agrees with the coalition that the port can and should have a more direct relationship with its truckers" and is "very seriously considering the coalition’s proposal."

Because the proposal "constitutes a major overhaul of the way trucking is done today," Schaff said the port is currently holding stakeholder meetings with residents, truckers, terminal operators, elected officials, the business community, and labor to consider it in the context of a more comprehensive port plan. Schaff said a comprehensive plan could be crafted in less than a year.

The port has not taken a position on granting truckers employee status. It is also looking into other funding mechanisms for a clean-truck program, including money from a pending state bill that would impose a $30 fee on every 20-foot-equivalent unit passing through the Los Angeles, Long Beach, and Oakland port complexes, to be used for improvements in road and rail infrastructure and for clean-air programs.

The legislation, Senate Bill 974, by Alan Lowenthal (D–Long Beach), would generate more than $525 million annually. But it faces tough opposition from some very powerful interests.

RESISTING CHANGE


Bill Aboudi, president of Oakland’s AB Trucking and a member of the CTA, told us truckers are "treated like second-class citizens," and he believes long lines and trucker asthma are serious problems. But he strongly opposes the coalition’s proposal. Instead, he told us, state regulations like those forthcoming from CARB and other piecemeal reforms are the answer.

"The coalition’s main goal is to unionize the drivers," Aboudi said. He was wearing a baseball cap emblazoned with two American flags and the words "Oakland Trucker." An immigrant from Israel, he has been at the Port of Oakland since 1992. "If these guys choose to be owner-operators, why are you rocking the boat? You can’t be playing with my livelihood just because you want to get union dues," Aboudi said. "Truckers want to own a piece of the American dream. They want to own their own truck."

It’s an appealing image to many. Kevin Leonard, an owner-operator trucker who contracts with Aboudi and others, told us he doesn’t want to give up his independent status. "I have the freedom to work when I want," he said. "I don’t see how the Teamsters can represent me better than I can."

The trucking industry as a whole says the coalition plan will force away trade and drive out small trucking companies, which will have to maintain the trucks and start paying benefits such as health insurance and workers’ compensation.

Yet Assemblymember Sandré Swanson (D–Oakland) brushed aside those arguments. "I’ve been involved in Bay Area politics for more than 30 years," he told us. "I’ve seen these same claims made against farmworkers as they were organizing for better conditions. I’ve seen these arguments made when we were raising the minimum wage. I think the opposite is true. If you have a workforce with a livable wage, it’s a more productive workforce, and I think everyone benefits. Truckers deserve more, and we’re going to do what we can to help them."

Oakland City Council president Ignacio de la Fuente, who drafted and helped pass a minimum-wage law for port employees, told us he supports the right of truckers to unionize but labor and environmental concerns must be balanced with economic growth. "You can’t ignore the fact that you have the port of Oakland competing with other ports," he said. "I support the fact that the Teamsters are going to bargain collectively on a national level. This port competes with other ports, and you cannot be put at a disadvantage."

Bloch says the coalition’s target is the shipping companies, not the trucking companies. "The shippers are hiding behind the trucking companies," he told us. "On the one side there are the giant shipping companies, like Wal-Mart and Target, huge global companies that demand low prices from trucking companies. On the other side are tiny trucking companies, immigrant truckers, and communities of color. Wal-Mart’s slogan is ‘always low prices,’ but ‘always low prices’ means one out of five children in West Oakland with asthma and drivers making $8 an hour who can’t support their families."

Oakland mayor Ron Dellums may be signaling his support for reform with two new appointees to the Port Commission. Even before he took office, Dellums was working to influence the Port Commission; as mayor-elect, he requested that outgoing mayor Jerry Brown hold off on appointing a new nominee so Dellums could appoint someone working on environmental and community impacts. He lost this battle when a majority of the city council voted to appoint Mark McClure, the director of marketing at a business technology company focused on security.

Dellums’s latest appointees, announced earlier this month, are a marked contrast to the business-oriented appointees of the Brown era: Victor Uno, a financial secretary with the International Brotherhood of Electrical Workers, and Gordon, the longtime resident and environmental activist in West Oakland.

"The port’s policy has been all about business and not about the people," Gordon told us. "The mayor really wants someone there to talk about health issues. I have never known a mayor to put someone on the commission and one of their engagements is to talk about health." She would also like to see a public participatory-process policy built into the port. "This is about sharing the power," Gordon said. "I don’t think West Oakland residents know they have power." She has "no problem" with truckers unionizing but also wants to find a way for drivers to remain independent contractors if they prefer.

Uno told the Guardian that he is highly supportive of the proposal. "I think that if the whole commission takes the lead of Mayor Dellums that this proposal will be very seriously considered," he said. "I’m very optimistic." Asked if he thought a proposal could succeed without requiring trucking companies to hire truckers as employees, he said, "I do not see how that is possible, given the lack of regulations in the trucking industry. It’s a dog-eat-dog world among independent truckers."

DEREGULATION HISTORY


The ports were not always structured as they are now. Before the 1980s the Interstate Commerce Commission regulated trucking, and most truckers at California ports were members of the Teamsters. They had health care, pensions, and workers’ compensation insurance and were paid a middle-class wage.

As part of a national push toward deregulation in the late 1970s, Congress, spurred by President Jimmy Carter, deregulated the trucking industry in 1980. In the following few years, a flood of new trucking companies entered the ports, with shippers choosing between a growing number of companies for each job. As small trucking companies undercut one another in bidding wars, the falling rates translated into declining driver pay, the bankruptcy of Teamster-organized companies, and increasing reliance on independent contractors whom companies could hire without spending money on payroll taxes, health care costs, or other benefits that unions might try to extract.

Trucking expert Michael Belzer, an economics professor at Wayne State University, has shown that long-haul truckers now earn less than half of prederegulation wages and work an average of more than 60 hours a week, while retailers like Wal-Mart have thrived. "The low rates paid to truckers in this global-trade game acts as a subsidy for increasing the amount of trade," Belzer told us. "Pollution and safety hazards are the negative externalities." If all ports on the West Coast required employee drivers, he said, "the market result would be that cost and safety would go up, and pollution would go down."

There have been a handful of Teamsters-related or trucker-led rallies and work stoppages at the Port of Oakland since deregulation, including a technically illegal strike in 2004 protesting the soaring price of diesel fuel, which virtually shut down the port for eight days. Many of the same complaints of today’s port truckers were aired at that time — long waits in lines, poor pay, long hours, and no benefits.

"This business is like the Mafia," Lorenzo Fernandez, 36, said, standing in front of two metal taco trucks glinting in the noon sun, along with about a half dozen other truckers on their lunch break. "They’re doing whatever they want with us, between the [truck companies] and the shippers. There is so much competition between the companies, and they know that we need the job. They know that our kids will go hungry."

Muhammad Khan, 33, said he’s sometimes forced to make up for long wait times by driving dangerously fast on the freeways. "We have our families. We have to take care of them. We all risk our lives because we have to. We don’t make enough money if we don’t make a load," Khan told us.

"We’re all immigrants here," Fernandez said. "We make it possible for the economy to grow up, but they’re stepping on our faces…. We have to work together. Otherwise we are going to be slaves for life."

A sign on a chain-link fence near the taco trucks reads, "Got an old truck? The Port of Oakland can help! Replace your old truck today!" Call the number at the bottom of the sign, and a recorded message issues an invitation to an informational barbecue that took place four months ago. The message explains that the port will provide qualifying owners with up to $40,000 to replace trucks dating from 1993 or before with a 1999-model truck. But Schaff told us, "Due to overwhelming demand, new applicants are currently not being accepted."

Money for the program came from a $9 million settlement of a lawsuit West Oakland residents filed against the Port of Oakland in 1998, alleging that their health was being harmed by port operations. The port says it will replace a total of 80 of the estimated 2,500 port trucks with those funds. When asked if the port had a responsibility to truckers, Schaff said it was "consistent with the port’s commitment to social responsibility…. We’ve done a lot, and we’re going to do more."

But the only specific programs the port could point to were the truck replacement program, a trucker access committee and working group started after the 2004 strike, and new GPS cell phone technology that is being touted as a solution for bottlenecks. Chuck Mack, the Teamsters’ Western Region vice president, isn’t impressed. "They’re a joke," he said of the programs. "Very few independent contractors have utilized them."

The recent purchase of the GPS system particularly irritates Mack. "Here is a quasi-governmental agency supplying services to the trucking companies," he told us. "It’s bizarre that we’re using taxpayer money for this. Any other industry would buy the devices themselves."

"We don’t disagree with using this money" for truck replacement, Mack said, "but what you’re doing is blowing $2 million in taxpayer money. Years down the road they’re going to need a new truck and another million in taxpayer money. For Wal-Mart and Target it’s great because they can have the taxpayer pick up the bill. Without changing the model, it’s just a short-term fix at the expense of the taxpayer."

EMPLOYEE BENEFITS


Beyond the environmental and economic benefits of making truckers employees of the companies, the change also might improve port security. The federal Transportation Worker Identification Credential program, expected to be implemented in the fall, will check the identities of the nation’s 750,000 port employees, 110,000 of whom work as truckers. Under the present system, there is no way to track the independent port truckers.

Employees are easier to track, and they are also better for port security in other ways. Among low-paid port truckers, turnover rate is extremely high, according to the ATA. "We all know that having a stable, well-trained, reliable workforce only leads to more security," Bloch said. "If they’re trained, they can be the eyes and ears of the port."

Well-paid truckers also would lead to safer ports. In a 2005 report, Belzer showed that "a substantial fraction" of independent operators actually loses money each year, resulting in "a high risk of unsafe operations among those earning the least money." The low compensation also "presents a national security risk," his report read, "since those who desperately work to break even might be at risk to engage in activities that put the nation at risk, whether intentionally or unintentionally, just trying to find a way from not going under."

Driving past another long line of trucks idling outside a gate after lunch break, Bloch pointed out one truck. A placard on the back of the rig read, "End sweatshops on wheels."

The current port system "just heaps abuse and abuse on these truck drivers and this community," Bloch told us. "The big businesses like Wal-Mart don’t pay the cost of polluting Oakland. It’s the truck drivers and the community that pay the cost. People pay with their lives."

"You can’t fix the environmental problems without fixing the problems of the driver," he said. "And now you have labor and the community coming together, and that’s powerful."*

ACCREDITATION REPORT BLASTS NEW COLLEGE: “Clear and egregious violations of institutional integrity, academic integrity”

0

By G.W. Schulz

San Francisco’s New College of California has a culture of administrative “sloppiness and arbitrariness” in addition to flawed academic curricula, according to a report released this month by an accrediting outfit based in Alameda and obtained by the Guardian.

The accrediting commission for the Western Association of Schools and Colleges concluded following a special investigation that among other things New College fails to properly maintain student files and questions persist about how well the school handles and awards scholarships and financial aid to students under federal rules and regulations.

newcollege2.gif

The group’s investigation began after it received six detailed letters alleging “various improprieties” and violations of its fundamental accreditation standards such as problems related to the fair and equitable treatment of students and the college’s ability to maintain operational integrity through sound business practices.

New College has long teetered on the brink of financial disaster, and according to the report, nothing’s changed and the school has failed even to make improvements since 2002 when the commission concluded that New College did not have stable revenues or effective financial controls. In fact, the commission learned that New College’s money woes had “materially worsened in the last year” since it bought two properties “without necessary analysis and planning.”

As a result of the investigation, New College has been placed on probation and will now be “subject to special scrutiny and any new site or degree program is subject to review through WASC’s substantive change process.”

Tweeking the tidelands

0

› sarah@sfbg.com

With the furor over her erratic driving incident still lingering and a primary challenge from Assemblymember Mark Leno starting to get nasty, state senator Carole Migden is now wading into another potentially pungent political pool.

This time around, the battle involves the state’s laws governing coastal land use, the Port of San Francisco’s revenue needs, and the competing interests of folks who live along, work near, or simply like to relax and recreate along the city’s bayside waterfront.

Migden’s Senate Bill 815 would make three major changes to the ancient and arcane laws that govern the use of the state’s tidelands. It would allow the port to rent out 11 seawall-protected properties, currently used for surface parking lots, for development over 75 years, after which they would return to the public trust.

It would also permit the port to sell off "paper streets" — lots that serve as view corridors, public rights-of-way, and connections between the city and its waterfront, including portions of Texas, Custer, Ingalls, and Davidson streets developed with warehouses, as well as the recently closed Hunters Point Power Plant.

Last, Migden’s bill would allow the transfer of the 36-acre, federally owned Jobs Corps parcel on Treasure Island to local control as part of an exchange of public trust and nontrust lands on Treasure and Yerba Buena islands.

Port special project manager Brad Benson told the Guardian that the local agency worked with the California State Lands Commission for two years on ways to help increase the port’s revenue-generating capabilities, and this bill was the result.

"We cc’d the neighborhood organizations on the amendments that we sent to Migden’s office on June 12, and we invited further discussion," Benson said of the proposal, which is intended to help cover the port’s estimated $1.4 billion cost for seismic retrofits and restorations, hazardous-material remediation, storm-water management, and improved waterfront access by relaxing the land-use restriction of the 1969 Burton Act.

The Burton Act gave the port control of San Francisco’s waterfront from Fisherman’s Wharf to Candlestick Point, including 39 historic finger piers between Fisherman’s Wharf and China Basin. But it also limited the port to leasing seawall lots for street purposes such as surface parking while giving it the financial responsibility of maintaining and restoring the historical waterfront.

Today just about everybody agrees that surface parking is a horrible use of the seawall lots — with the possible exception of the Giants, who want to retain 2,000 spaces on the 14-acre lot they lease next to Mission Creek. But in recent weeks disagreement has broken out over last-minute amendments that were added to Migden’s bill June 20 to impose height limits on four seawall lots in the Northeastern Waterfront Historic District and remove a fifth lot entirely.

Those amendments were added following input from neighborhood groups like the Telegraph Hill Dwellers, the Barbary Coast Neighborhood Association, and the Friends of the Golden Gate, a 1,400-member nonprofit whose stated goal is "to preserve open recreational space for the citizens of San Francisco."

In a June 20 letter to Migden, Telegraph Hill Dwellers president Vedica Puri argued for height limits on the basis of a "visual and historic connection between the waterfront and Telegraph Hill" created by "higher structures closer to the base of Telegraph Hill and lower buildings near the Embarcadero." Noting that three of the disputed lots are currently zoned for heights of 40 feet, with the fourth lot, closer to Telegraph Hill, zoned for 65 feet, Puri argued for respecting local height limits in place as of January.

Meanwhile, the Barbary Coast Neighborhood Association, the Telegraph Hill Dwellers, and the Friends of the Golden Gate asked that lot 351, which abuts the Golden Gate Tennis and Swim Club, be excluded from the deal.

"There is an ongoing struggle in the Barbary Coast neighborhood over an outsize condominium project usually known as the 8 Washington Project," Jonathan Middlebrook of the association’s Waterfront Action Group warned.

Friends of the Golden Gate chair Lee Radner, in a June 29 letter to Loni Hancock, chair of the Assembly’s Natural Resources Committee, argued for keeping lot 351 under the public trust because it "abuts the open recreational space, along the Embarcadero, Washington, and Drumm streets."

"Lot 351, if removed from the public trust," Radner wrote, "will give a developer the option to build high-rise, exclusive, and costly condominiums that would spill over into the recreational space and change the open view corridors to Telegraph Hill and Coit Tower forever, limit the light and views of many neighbors, and impact the traffic on an already congested Embarcadero."

But two local planning and land-use groups argue that Migden’s amended legislation would wrest control of height restrictions from the local planning process and benefit a well-heeled few at the expense of everyone else.

Tom Radulovich, executive director of Livable City, said he believes height limits and urban design should be decided at the local level. "The problem with stipuutf8g a 40-foot height limit is that you end up getting squashed retail space, creating a pokey, unpleasant atmosphere," said Radulovich, who’d rather see the lots taken out of the bill than included with those provisions. "To my mind the question is: how do builders create a great street? And what building controls help achieve that goal? We wanted to make these lots more walkable, bikeable, and accessible to contribute to the overall public good with the maximum opportunity for local control. The latest amendments tip the balance towards state interference, and that’s inappropriate."

Tim Colen of the Housing Action Coalition accuses the neighborhood associations of "not wanting any height increases or other uses to the extent that it might threaten their view." Colen said developer Simon Snellgrove of Pacific Waterfront Partners is interested in lot 351, which lies across from the Ferry Building, to create high-end condos, mixed-use residential units, and 34 below-market-rate units.

He acknowledges that the Golden Gate Tennis and Swim Club would lose three tennis courts under the legislation. "But this is a chance for 34 families to get housing and be able to stay in San Francisco," Colen said. "The Golden Gate Tennis and Swim Club is a really sweet facility, but it ain’t public recreation. Migden’s bill benefits some very well-heeled people when the interests of many are at stake."

Migden’s bill, which cleared the Senate but must return for final approval because of the amendments, is set to work its way through the Assembly by August. Benson said continued negotiations would be a good thing. "We appreciate Senator Migden’s work, but we believe height limits are a locals-only matter to be decided by the Board of Supervisors and the mayor."

But the Barbary Coast Neighborhood Association’s Diana Taylor said her group "spent hours getting the community informed, telling the port what we wanted, until eventually we came up with a bottom line, what our compromises were…. That’s where senator Carole Migden developed amendments, and this was the first time that we came to a coordinated agreement. But now we find out that the port isn’t happy with some of the amendments. What we’d like to see is a more clear-cut strategy to bring the port and the communities together. We’re adversaries right now, but we shouldn’t be."

With the port set to have a public discussion July 31 about lot 337 (the Giants’ parking lot next to Mission Creek), Jennifer Clary of San Francisco Tomorrow notes that Mission Creek is home to 60 species of birds. As she said, "Isn’t habitat preservation and restoration part of urban development? Is it really a choice between people and birds? Is that the decision?"<\!s>*

Green City: Winds of change

0

› news@sfbg.com

GREEN CITY Atop Bernal Heights, winds speed at 25 mph, enough to prematurely slam doors, disperse heat, and power Todd Pelman’s Roscoe Street house with 100 watts of electricity at any given moment.

The 34-year-old engineer has pioneered the city’s first permitted micro–wind project, a six-foot-tall cylindrical turbine that currently sits on his roof and sends juice into the energy grid, offsetting some of his dependence on Pacific Gas and Electric Co. Now his company, Blue Green Pacific, is working to put the turbines on the market in the next year.

"It’s aesthetically not going to be disruptive in an urban environment," Pelman told the Guardian, referring to the generator, which resembles the double helix of a DNA strand when it spins.

It is microprojects like this that could help support the Community Choice Aggregation program passed by the Board of Supervisors last month, which aims to have the city partner with its residents to generate a greener power portfolio over the next 10 years.

Bernal Heights Sup. Tom Ammiano, who codrafted a plan for CCA with Sup. Ross Mirkarimi, considers Pelman’s project a grassroots step away from PG&E, which he regards as a "wolf in sheep’s clothing."

"When people see how fruitful and utilitarian this is, we’ll wind up calling the shots," Ammiano told us. He amended the planning code for Bernal Heights to permit structures to reach more than 30 feet high, thus allowing the current and future use of wind turbines in his district.

Pelman’s turbine will generate between 300 and 600 kilowatt hours of energy per year, or about 10 percent of a typical home’s energy needs, he told us. His vertical-axis turbine is a natural propeller system that spins on its axis — a contrast from the windmill-style horizontal-axis turbines characteristic of rural areas. It’s made of steel, aluminum, and plastic and contains no sharp blades that might endanger birds.

Urban wind, though plentiful, has not been widely used, mostly due to aesthetics and the space constraints of turbines, according to Johanna Partin, the Renewable Energy Program manager of the San Francisco Department of the Environment.

"The micro– and small urban wind market is still in the early stages of development," Partin said, pointing out that Chicago, the notorious Windy City, only recently started a residential permitting process.

Pelman’s turbine became the first in the city to receive a residential permit for use last Oct. 5 after numerous bureaucratic back-and-forths with the Planning Department.

His rooftop turbine captures wind energy coming from the coast and going east and sends it to an inverter in his garage that converts it to usable energy, which then travels into an electrical panel.

"Think of the turbine as the heart of the system and the inverter as the brain of the system," Pelman said.

While Pelman’s turbine may catch people’s eyes, he claims it does not do the same to birds. "It coexists very peacefully with the pigeons and the hawks," he said, mentioning a couple of Bernal Heights’ bird species.

He is working with the Audubon Society to make sure he can live up to his assertion. Due to the turbine’s opaque appearance, no birds have attempted to fly through and meet their doom — a problem frequently noted with the large, horizontal-axis turbines at the Altamont Pass Wind Farm.

A one-turbine system will cost around $5,000, though Pelman estimates that rebates will reduce the price by $1,500. It’s an "emotional purchase," he said, that will at least partially satisfy a green conscience.

Chris Beaudoin, one of Pelman’s first customers, decided to make wind energy his green cause. His Castro home of 20 years — located on what he calls "consistently windy" Kite Hill — is one of the 10 sites where Blue Green Pacific will initiate beta testing in the next six to 12 months.

As a flight attendant whose job has opened his eyes to locations where governments are stepping up to the plate in renewable-resource use, Beaudoin realized that "we can either bitch about [the lack of renewable resources] or politically agitate for it."

Beaudoin takes the ominous signs of global warming as a reason to act fast in every plausible way that he can. As he told us, "I think the main motivation is that we have to be ready for what’s going on down the road." *

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

Bear Grylls, you da Man

0

By Gazelle Emami

A man alone in the wilderness bends fearlessly over a precipice, planning his first move. “First,” he says, squinting into the sun, “I must find my bearings.” With a no river in sight, he bounds down the edge of the sheer drop and begins his search for nourishment. man vs. wild.jpg

Night falls and a storm rumbles overhead. The man is discouraged—he’s already drank some muddy water and eaten a sheep’s eyeballs, so he’s doing alright. But with no shelter and temperatures dropping rapidly, survival seems unlikely. That is, until, he comes across a rotting deer carcass. Energy renewed, the man guts the carcass, huddles inside of it for shelter, and survives the thunderous night.

Sound like fiction? It’s not. It’s all just another day in the life of Man vs. Wild star Bear Grylls. In fact, everything above is true, except for one detail—the part about our story’s hero being a mere man. Because British adventurer Bear Grylls is crazier than your average man. I’m not talking Gnarls Barkley crazy or R. Kelly bat-shit crazy. I’m talking I-will-squeeze-the-juice-from-elephant-dung-into-my-mouth crazy. I’m talking oh-look-here’s-some-quicksand-why-don’t-I-just-jump-into-it crazy.

Let me explain. On the Discovery Channel reality series, Grylls is dropped in remote locations around the world until he finds civilization, left to survive with little more than a knife. Fresh into its second season, the show’s purpose is to show you the skills you would need to survive if you were to ever find yourself lost in the wild. While I could never do most of the things Grylls does, I’ve picked up on a few skills. Among them, I’ve learned how to tell when the sun will go down, the best way to catch a fish, how to get out of quicksand, and that elephant dung is sterile.

The show’s real draw is not its educational value, but rather witnessing just how far Grylls will go. He survives by essentially being a ballsier version of MacGyver. Don’t get me wrong, MacGyver ranks high on the badass meter. But when it comes down to it, will he drink his own urine? I don’t think so.

Catch an episode of Man vs. Wild tonight at 11 p.m. on The Discover Channel. New episodes air every Friday at 9 p.m.

Citizen planning

0

› sarah@sfbg.com

The Eastern Neighborhoods Plan has become a high-stakes battleground involving anxious developers stalled by a temporary building moratorium, progressives who want more affordable housing, concerns about dwindling light-industrial spaces and an exodus of African American residents, environmental justice, and a list of other issues that are central to this sprawling section of the city.

But the folks in the neighborhood known as Western SoMa are just happy that they’re no longer a part of that mess. Instead, they’re excitedly experimenting with a new approach to planning using an innovative and largely untested grassroots model.

Five years ago, when the city Planning Department first announced its intention to rezone the Eastern Neighborhoods, a group of disenchanted SoMa residents decided that they wanted to secede from that process and develop an independent, more comprehensive, community-based plan.

"A lot of us were offended by the Planning Department’s top-down, autocratic process," Jim Meko, who later became chair of the Western SoMa Citizens Planning Task Force, told the Guardian. "It was a bad process for everybody, but it was particularly bad for SoMa because the neighborhood had already been rezoned in the 1990s."

Meko survived three major demographic shifts within three decades: the AIDS epidemic that decimated SoMa’s gay community, the live-work loft zoning loopholes that gutted the artistic community, and the dot-com crash that displaced many techies. He feared that the Eastern Neighborhoods Plan would impose a "one-size-fits-all mode that treated all of SoMa like postindustrial wasteland."

So Meko set his sights on pressuring the Planning Commission to split his neighborhood from the rest of the Eastern Neighborhoods, which include the Mission District, Eastern SoMa, Showplace Square, Potrero Hill, and the Central Waterfront. Western SoMa is bordered by Mission and Bryant, 13th and Fourth streets, and Harrison and Townsend.

That dream became a reality in February 2004, and that November the Western SoMa Citizens Planning Task Force formed, with a stated objective to "recommend zoning changes that will preserve the heart and soul of their neighborhood, while planning for the realities of 21st-century growth."

Since beginning its work in 2005, the 22-member task force has met as often as five times a month and has created a values statement; a set of planning principles; committees focusing on business and land use, transportation, and arts and entertainment; and a committee that integrates a variety of issues.

Its June 28 town hall meeting was the first time the task force threw the doors open to the community at large, although the occasion happened to come on the heels of a high-profile budget battle between Mayor Gavin Newsom and Sup. Chris Daly, whose district includes SoMa and who helped set up the task force.

Within five minutes of Meko’s kicking off the meeting, a small but vocal group of attendees began to heckle him midspeech. Perhaps they were there to confront Daly, who had been slated to attend but was out of town. Whatever the reason, while accusing Meko of "having an agenda" and "using the bully pulpit" to present his own views, this faction was anxious to know how many task force members are property owners and which particular group of them would be dealing with crime, the fight against which Newsom has made a top budget priority.

For one wobbly, tension-filled moment, it felt as if this first crack at a citizen planning forum might crumble. But then another participant saved the day by requesting a simple but basic meeting ground rule: no personal attacks.

From that moment, the mood in the room lightened. Pretty soon the rest of the 150 residents who had gathered in the multipurpose room of Bessie Carmichael School on Seventh Street to share their thoughts on Western SoMa were talking about what they liked and what could improve. Even the hecklers quieted down and seemed to meld into the discussion.

As Planning Commissioner Christina Olague put it at the meeting, "This is possibly one of the most exciting things going on in planning. No one understands the heart and soul of a neighborhood like the people who live there. We hope this is a model other neighborhoods will adopt, because a neighborhood plan without the involvement of neighbors who live and breath a community is chaos — just a bunch of buildings zoned in a language no one can read or feel."

But while residents were happy to create lists of neighborhood needs — more parks, bike lanes, affordable housing, child care facilities, and trees; wider sidewalks; and fewer homeless people — they were less keen on the idea of increasing building heights. One proposed means of financing improvements would be to increase allowable heights from 40 to 65 feet in some places.

Some locals complained about partygoers who urinate in the streets and play music loudly in cars instead of going home when the clubs close. But a youthful resident politely pointed out that "it may not be possible to stop young people from being young."

In the face of requests from senior citizens for more dinner theater and fewer nightclubs in SoMa, task force member and nightclub owner Terrance Allen observed that it’s probably only possible to "nudge existing conditions."

Recalling the battle that broke out between residents and partygoers after city planners decided to put affordable housing next to the wildly popular nightclub 1015 Folsom, Allen said, "You don’t want to start a war by putting subsidized housing next to the city’s biggest nightclub." Or as Meko put it, "We don’t want to set up conflicts by putting family housing across from the Stud."

By evening’s end, the consensus was that the meeting was a success. "We have much more in common than we have apart. That’s the whole key," said Marc Salomon, who sits on the task force’s transportation committee. As Meko told the Guardian the next day, "Wasn’t it a fantastic experience? It was the closest thing to a cocktail party without a bartender."

Meko said the task force is eager to complete its work and is shooting for having a draft plan ready by the next town hall meeting, on Oct. 24.

"But we need to do more community outreach," he added, noting that there weren’t many Filipinos at the first meeting even though they have a large presence in Western SoMa. "We’re looking at what SoMa could be like in 20 years. The other Eastern Neighborhoods are watching, and they are envious." *

Editor’s Notes

0

› tredmond@sfbg.com

Fourth of July week is supposed to be slow; when I worked for a daily newspaper, we used to do long stories on the fireworks displays just to fill space on the pages. Not here. There’s so much going on it’s hard to keep track of it all, but here’s a quick rundown on what San Francisco is facing this week:

A bill that would lift a veil of secrecy hanging over police misconduct cases is stuck in the Assembly Committee on Public Safety — and Fiona Ma is one of those holding it up. Ma is a protégé of John Burton, who wasn’t easily intimidated, but she’s acting as if she’s terrified of the police lobby, which has mounted a major effort to kill the bill. It’s crazy — Ma has a fairly safe seat, and unlike some Democrats in marginal districts, she doesn’t have to fear that the cops will back a Republican against her. This is one of the worst moments in her career in Sacramento thus far, and she needs to get off the fence and back the bill when it comes up for reconsideration.

The long-awaited draft environmental impact report for the Eastern Neighborhoods zoning project just came out, and it says just about what I and many others had expected: following the proposals that the City Planning Department is putting forward would wipe out a fair number of blue-collar jobs and would not provide anywhere near enough affordable housing to meet the city’s stated needs. This ought to be a central issue in the mayor’s race (if there ever really is one); I’m not willing to accept as inevitable the loss of working-class San Francisco, and neither should the mayor.

Mayor Gavin Newsom finally signed the Community Choice Aggregation bill (see page 10) — but not with the sort of fanfare you’d expect for a program that could profoundly change the city’s energy future. Sen. Carole Migden has come forward with a bill to ensure that the power from city-owned renewable-energy projects is available to the city and doesn’t have to go into Pacific Gas and Electric Co.’s maw.

Speaking of Migden: who exactly is paying for all those billboards with her face on them, touting her leadership? As we discuss on the www.sfbg.com politics blog, it’s a fascinating question. Michael Colbruno, a spokesperson for Clear Channel, which owns the billboards, refuses to say. He insists that the ads are simply "issue advocacy," which means nobody has to disclose who paid the tab. I’m not going argue campaign law with Clear Channel, but I suspect that Migden knows who gave her this nice present, worth tens of thousands of dollars. Perhaps she’ll share that information with the rest of us.

In the meantime, the folks at the San Francisco Chamber of Commerce — those great champions of open government who love privatization and refused to support the Sunshine Initiative — have a sunshine measure of their own. They want the supervisors to hold hearings before placing anything on the ballot. That’s a direct attack on some recent ballot measures the chamber didn’t like.

I’m all for hearings. Hearings are good. But the law would require that the hearings be held 45 days in advance of the ballot, and that would be a serious drawback for progressives who want to get measures that couldn’t pass the board on the ballot. Frankly, I’m dubious about the chamber’s motives.*

The City College shell game

0

Part one in a Guardian series

› gwschulz@sfbg.com

The motto of San Francisco’s community college is "The truth will set you free."

For taxpayers, that’s a painful irony. Since 1997, the district has moved around $130 million in bond money in a fiscal shell game, taking funds that the voters were told would go to one set of projects and spending the money on others.

The half-billion-dollar bond program is now at least $225 million over budget, in part because of what the school admits was shoddy planning, and City College is considering asking voters to approve yet another set of bonds to catch up.

And all of this happened without a detailed performance audit.

Among the transfers and overruns we’ve discovered in a review of the bond program:

<\!s>City College made up for a planned gym’s mammoth budget shortfalls by transferring more than $53 million from other projects, like the new Performing Arts Center, improvements to the Balboa Reservoir (that massive, sunken eyesore of a parking lot west of the Ocean Avenue Campus), and an academic partnership with San Francisco State University.

<\!s>Construction on the Performing Arts Center was supposed to begin in 2004, but it’s gone nowhere. According to the school’s most recent estimates, the center now will cost $125.8 million, an increase of 152 percent from the original $50 million.

<\!s>Two new campuses planned for the Mission and Chinatown neighborhoods are now running a combined $78 million over budget. School administrators this May requested an additional $6 million to complete the Mission campus. Plans for the Chinatown facilities were originally unveiled in 1997 to voters, who were later told construction would begin in 2006. Today the designs are mired in a political battle with neighborhood residents, and City College hasn’t broken ground on the project.

In at least one case, the school has acknowledged that a $1.3 million reallocation took place without prior authorization from its independently elected overseers, the Board of Trustees. Administrators later asked the board to consent to the transfer retroactively.

"We’re always asked to take this money and move it from here to here," complained trustee Milton Marks III, one of the few consistent critics on the board who in the past voted against such reallocations. "It may be justified…. But when I ask if there are programmatic changes, nobody can answer me."

The school calls the transfers "reallocations," and as of May the administration and the board had agreed to shift the bond money five times.

In one case, administrators asked for $70 million in transfers mere weeks after the 2005 election in which voters authorized the school to sell $246.3 million in bonds.

That January 2006 reallocation strongly suggests the office of Chancellor Phil Day knew the school wouldn’t be able to complete the projects described to voters but never corrected the ballot handbook or told the media and the public the truth.

Day agreed to a Guardian interview, then canceled it, citing a schedule conflict. But in board meetings he and his staff have insisted that the transfers were perfectly legal.

The school’s lawyers say reallocations are acceptable under Proposition 39, a state ballot measure passed by voters in 2000 that lowered the threshold in California for passing school and community college bonds.

Other districts have also relied on reallocations as the cost of construction materials has increased globally in recent years due to Hurricane Katrina and the ongoing expansion of China’s economy.

But the San Francisco school has argued the logical extreme — that it can transform voter-approved projects in virtually any way it deems necessary.

"What obligation do we have in our reallocation considerations about making sure that those things get delivered — all of those projects we listed in both [the 2001 and 2005] bond measures?" former trustee Johnnie Carter asked during a meeting Jan. 12, 2006.

"You have no obligation to complete any of those projects," Mona Patel, a bond advisor for the school, responded. "You can complete one of those projects. You can complete all of those projects or anything in between…. It’s solely within the board’s discretion."

Despite that explanation, City College’s woefully short budget projections mean the school might have to return to voters a fourth time to secure funding for two projects already promised the last time City College went to the ballot, in November 2005.

One of those planned facilities was supposed to house a stem-cell-technology training program lauded by Mayor Gavin Newsom in 2005 as a way to help locals compete for jobs in the Bay Area’s growing biotech and life-sciences research industries. The school stripped $25 million authorized by voters from that project and directed it mostly to two other projects running a combined $105 million over budget.

Marks and new board member John Rizzo have urged an expansive performance audit of the bond money, which they say is required under Prop. 39 but had never been completed.

Rizzo and Marks both told us that if unforeseen construction costs, a low number of project bidders, and the lethargy of state regulators are all problems contributing to unpredicted costs, school administrators need to come up with a plan to fix the situation. But the performance audit proposed by Rizzo and Marks would first identify which problems are most severe. Not having it, Rizzo said, "is like flying blindly. We’re just writing checks."

Peter Goldstein, vice chancellor for finance and administration, insisted to us that state law, as interpreted by the school, doesn’t require the type of audit called for by Rizzo and Marks. It simply requires that the school prove it isn’t spending money on projects not presented first to voters. He added that the reallocations weren’t simple but said he couldn’t answer from memory specific questions about the 2005 bond election, including why the school chose to pursue tens of millions of dollars in reallocations so soon afterward, in January 2006.

"They’ve been very difficult decisions for both the administration and the board," Goldstein said. "[This has] not been some kind of snap judgment. We’ve really had to search and try to make sure there wasn’t some way to contain costs otherwise."

The trustees often seem just as confused as the voters may be about the cost overruns. The trail is laid out in thousands of pages of bond proposals and ever-changing explanatory documents, all complete with glossy schematics and computer-generated students looking gleeful as they head off to class at one or another of the new facilities.

The section of City College’s Web site dedicated to its bond projects is difficult to follow. A brief summary of the projects appears in voter guides, but the full bond proposals are filed with the San Francisco Department of Elections, and you’d have to go there to copy or read the tomes, which contain a lot of qualifying paragraphs that look like this one, which refers to an academic building planned in conjunction with San Francisco State University:

"The college will aggressively pursue state and federal funding to support the ‘joint-use’ concept with San Francisco State University. If funds are not forthcoming, the ‘local’ funds will be utilized to support the construction of the new Child Care Center and the new Student Health Service Center."

Such fine-print disclaimers enabled Chancellor Day and Vice Chancellor Goldstein to later depict multimillion-dollar transfers away from academic construction as entirely legal, even though the Child Care Center and health clinic never appeared as official stand-alone projects in bond proposals presented to voters.

Between 2001 and 2005 the school asked for a total of $40 million to construct in tandem with SFSU the joint-use facility, which was slated to include new classrooms and laboratories where students could work toward bachelor’s degrees in education, health care, and child development. The project is now $26 million over budget and remains in the design phase. Since 2003 about $20 million that voters were told was going to the project has been reallocated to other projects facing increased costs.

A facilities manager at San Jose–Evergreen Community College District, Robert Dias, was incredulous when we presented our findings to him. He said he’d heard of cost overruns statewide but "not to this extent."

"We have experienced rising costs, but we planned for it," Dias said. "Construction costs were going through the roof, but we did creative things to manage it."

On the other hand, Fred Harris, vice chancellor of the California Community College System, based in Sacramento, said the figures didn’t necessarily surprise him and that the state as a result has adjusted its guidelines for what individual school districts can claim as costs.*

Downtown’s car obsession

0

By Tim Redmond

So the developers and some businesses want to build more parking in San Francisco. We’ve seen this game before; in the past, the supervisors have been able to shoot it down, but now it may go before the voters. Here’s the part of the argument that infuriates me:

Supporters claim the initiative, sponsored by the San Francisco Council of District Merchants Associations, prepares The City for an expected influx of vehicles during the next five years.

Why is there an “expected influx of vehicles?”

Why is the city constantly looking for ways to plan for more cars?

Why isn’t it official city planning policy that the number of cars in San Francisco will decrease over the next five years?

This is the great lie of urban planning (as practiced by developers and their advocates): First you “project” more cars (or more jobs, or more population or whatever). Then you automatically have a case to build — more garages, more parking lots, more condos, more highrise office towers — for your “projected” demand. And, of course, once you bild million-dollar condos, they fill up (perhaps with globe-trotting wealthy people looking for pieds-a-terre, but whatever), thus fulfilling the “projections,” and once you make room for more cars, you’ll get more cars in a city that already has too many.

These “projections” are a bogus, self-fulfilling prophecy. Let’s project a city we really want, and plan for that one.

Pelosi’s SPUR earmark

0

By Tim Redmond

Nancy Pelosi has stuck a $231,000 earmark in the federal budget to help the San Francisco Planning and Urban Research Association build a new Urban Center in San Francisco. The move stirred up some controversy on the floor of the House today, when Rep. Jeff Flake, an Arizona Republican who likes to criticize earmarks, asked whether federal money ought to be going to a private nonprofit think tank.

It’s a relatively tiny amount of money — the who-really-gives-a-shit level — and some good progressive people love the idea of a SPUR Urban Center — a downtown building that could be a community center of sorts for city planning issues. I’m not sure I hate it myself.

“We want to become much more public and democratic,” Jim Chappell, SPUR’s president, told me when I called him just now about the earmark. Pelosi’s money, he said, “is a statement of confidence in our cities and our program by a federal government that has declared war on cities.”

But SPUR has over the years been way on the wrong side of a lot of important planning issues, and is still dominated by developers and their architects, and … I don’t know. It struck me a worth noting.

Smoke and mirrors

0

› news@sfbg.com

Compassion and Care Center employee and longtime medical marijuana activist Wayne Justmann proudly displays a framed "keep up the good work" letter from Speaker of the House Nancy Pelosi (D–San Francisco) in the second-story medical cannabis dispensary in San Francisco.

"Patients can sit and relax and get away from the problems of the world," Justmann told the Guardian in describing this half pharmacy, half community center, which features AIDS information brochures, a DSL Internet connection, the makings for peanut butter and jelly sandwiches, and marijuana priced at $18 for an eighth of an ounce.

The CCC, which has been open both legally and illegally since 1992, is one of the numerous medical cannabis dispensaries that are having a hard time getting through the city’s onerous approval process. Under guidelines that the Board of Supervisors approved and the mayor signed in November 2005, all of the dispensaries have until July 1 to get the required permits, but none have successfully done so.

The supervisors recently voted to hold off enforcement for the dispensaries that have already applied for permits, which 26 of the 31 or so clubs had done at press time. Pending legislation by Sup. Michela Alioto-Pier would set a new deadline of Jan. 1, 2008, while also effecting procedural changes that could make it difficult for many facilities to ever get permits. She is proposing more stringent disability access requirements and wants to give the Mayor’s Office more control over which clubs must abide by them.

Justmann and many others in the medical marijuana community interviewed by us see the pending legislation as a mixed bag. It would remove the police inspection from an approval process that now requires clubs to deal with six city departments, easing some concerns of proprietors in this quasi-legal business. Yet the legislation would also require all clubs to meet the Americans with Disabilities Act’s standards for new construction, which could prove logistically difficult and prohibitively expensive for most dispensaries, which are in older buildings. For example, the CCC would need to build an elevator in the aging building where it rents space.

Alioto-Pier told us the amendment — which will be heard by the Planning Commission on July 12 and the board thereafter — is necessary to place medical cannabis dispensaries on par with other medical facilities. "Specifically because they are medical, the board felt it’s important for MCDs to be accessible," she told us. "It’s what I think should have been across the city."

Under the amendment, dispensaries would have to ensure that their bathrooms, hallways, and front doors were wide enough for wheelchair access and that they had limited use–limited access elevators, which would disqualify vertical or inclined platform lifts. While dispensaries like ACT UP’s could aim to spend "tens of thousands of dollars" to meet the standards, co-owner Andrea Lindsay told us, others wouldn’t be able to comply, such as those that couldn’t afford the expense or whose landlords wouldn’t allow extensive remodeling jobs.

The CCC is accessible only by stairs and does not have the money or permission to do the work that the amendment would require. "Still, we provide the necessary services to the patient," Justmann said. He also cited the financial gamble in spending large sums on a business that — unlike other health care facilities — always stands the risk of being shut down by the federal government.

Stephanie (whom we agreed to identify only by her first name), an HIV-positive patient of the CCC for the past three years, told us the new accessibility standards could make affordable marijuana less accessible. "The places that will be able to be kept open will be price gougers," she said. "I won’t be able to afford it."

Some MCDs unable to meet the new standards could apply to the Mayor’s Office on Disability for waivers, giving Mayor Gavin Newsom — who has publicly said there should be fewer MCDs in town — more authority over medical marijuana. That arrangement would be a change from the procedure for other projects, which must submit waiver requests to the Access Appeals Commission, which is part of the Department of Building Inspection.

Kris Hermes of Oakland’s Americans for Safe Access expressed his skepticism about the switch. "The main concern of the people is that the MOD will have the ultimate discretion," he told us. But Sup. Ross Mirkarimi, who sponsored the Medical Cannabis Act in 2005, seems to be supporting the Alioto-Pier legislation. "It’s important that the MCDs are consistent with other health care facilities and businesses," he told us. "We want to do everything in our power to make this not so cost prohibitive."

No dispensaries have acquired a permit yet, although five now have "provisional permits." Many MCDs in the waiting line cite red tape and already stringent requirements as barring them from recognition as official businesses. Clubs must pay $6,691 for a permit and cannot generate "excessive profit" when in business.

"I don’t know what we need to do next," said Lindsay, who paid ACT UP’s fees six months ago. "The city’s new to the process. We’re new to the process. It’s frustrating on both sides."

For Kevin Reed, owner of the Green Cross Dispensary, meeting the new standards would be a hard task to accomplish in the next six months. As he told us, "You’d pretty much have to knock down a building and rebuild it."*

A clear housing choice in the Mission

0

OPINION On April 19 the San Francisco Planning Department approved a market-rate condo development with a 24-hour Walgreens store at the northwest corner of César Chávez and Mission. The project features 60 expensive ownership units and 67 residential parking spaces. To support the Walgreens, the developer is also including 24 customer parking spaces, 12 spaces for employees, and one car-share space.

The development as proposed is not in compliance with the city’s General Plan, the recent Eastern Neighborhoods planning requirements, or the January Board of Supervisors resolution calling for 64 percent of all new housing to be available at below-market rates — and there’s an alternative that offers true low-income family housing and community space. If the supervisors are serious about preserving affordable housing, they’ll reject this ill-conceived plan.

The developer, Seven Hills Properties, told the Planning Commission that families would be able to afford these simple, unadorned condos through the first-time home buyers services offered by the Down Payment Assistance Loan Program in the Mayor’s Office of Housing. The truth is that the developer is offering only nine below-market units affordable to working- and middle-class families. All of the other units will be priced at close to $550,000 for a studio and as much as $700,000 for a three-bedroom unit.

Think about those prices. A person or family making as much as $63,850 a year could qualify for the down-payment assistance. Such a person or family would have to come up with a $27,500 share of the down payment and would be paying about $3,000 a month for a mortgage — 55 percent of their income.

It doesn’t have to be this way. Back in December 2006, Seven Hills told the Mission Anti-Displacement Coalition that it would be interested in selling the development rights at the site to MAC if MAC could come up with a development proposal. MAC then worked with us at the Bernal Heights Neighborhood Center, and together we created a viable offer — which Seven Hills dismissed as unrealistic.

Our proposal was to develop between 60 and 70 units of affordable housing, with community-service space below. Across the street, in 2001, the BHNC opened its Bernal Gateway development, 55 affordable family units with on-site community services that subsequently won two highly coveted national awards, with a financing strategy similar to the one we suggested for the Seven Hills property.

MAC has appealed to the Board of Supervisors, which is scheduled to hear its appeal July 17. This is a neighborhood issue that has citywide implications.

The arguments couldn’t be more clear or compelling: The project doesn’t comply with the Planning Department’s own guidelines. It brings pricey housing and a chain store to a neighborhood that needs neither. And there’s a credible alternative that ought to be given a chance. *

Joseph Smooke

Joseph Smooke is the executive director of the Bernal Heights Neighborhood Center. If you are interested in this issue, please contact Jane Martin, BHNC community organizer, at jmartin@bhnc.org.

Court smacks SF Planning Dept.

0

By Tim Redmond

The Chron buried the news deep in the local section, but a June 22 state Court of Appeal decision on the validity of the Housing Element of the city’s General Plan was a huge slap in the face to the mayor and the planning director.

In essence, the court ruled that the city can’t adopt the new Housing Element without doing an environmental impact report. You can read the decision here.

I’ll admit: The folks who sued, a group of West side homeowners who don’t want more density in their neighborhoods, are not my favorite activists. I’ve never thought it was fair that all the density had to go on the East side of town, and that nobody West of 19th Ave. even had to think about it.

That’s the essence of the suit: The Housing Element might encourage more housing on the West side of town, and might allow housing without a lot of parking, and that might lead to congestion and traffic issues. As my old friend Ron Curran used to say, Boo Fucking Hoo: The rest of us in town have lived with those issues for years, and anyone with any sense knows that new housing in this overdeveloped town will need to be transit-oriented and not car-oriented.

Still, the plaintiffs made an excellent point: The Planning Department should have done an EIR on the Housing Element. IN fact, the Planning Department should do a lot better in the environmental review department generally. You just go forawrd with these big projects and zoning changes and refuse to acknowledge the impacts, and you’re eventually going to get smacked.

Newsom cuts poverty programs

0

Mayor Gavin Newsom is publicly claiming to support the city’s poor and homeless, but his budget would quietly cut 4 percent from the Department of Public Health’s annual funding, eliminating key support services to the city’s most vulnerable residents.

What the mayor calls his "back-to-basics budget" would double the number of outreach workers for his signature Homeless Connect program and establish a community court to punish "quality-of-life crimes" as they occur, but it also would cut substance-abuse and mental-health services, close homeless shelters, and eliminate funding to various services for the poor.

"It’s probably the most hypocritical and damaging budget for the city’s homeless and poor that we’ve seen in years," Juan Prada, executive director of the Coalition on Homelessness, told the Guardian. "We have all this new money going to a community court system to force people into treatment programs that he’s defunding."

Now the budget is in the hands of the Board of Supervisors, which is hearing appeals from health care advocates and people who depend on such services to survive. Some say this is a familiar game. Debbi Lerman, administrator for the San Francisco Human Services Network, says that every year the mayor recommends such cuts and the supervisors restore the funding.

"It’s a dance. Everyone has to go to the Health Commission, everyone has to go to the board. It’s a dance we have to go through every year," Lerman told us. "It’s frustrating. It’s exhausting. It’s a bad process and we shouldn’t have to do it…. What the city needs is a long-term planning process."

Even Sup. Bevan Dufty, a Budget and Finance Committee member likely to be a swing vote between the mayor’s budget and the demands of board progressives, calls the process of cutting and restoring funding a "fire drill" in which people who depend on city services are forced to come out and comment in front of the board.

"It’s difficult and disheartening to see people in fragile health being forced to come to the board to petition us to restore funding to services that are a lifeline for them," Dufty told us. "This board has not accepted cuts to health programs even in difficult years, and I don’t anticipate that we are going to accept any this year."

But if the board cannot find additional funding, many programs that were at risk in past years could be eliminated or weakened. One new cut would eliminate $1.1 million in funding for Buster’s Place, a drop-in homeless center on 13th Street. James Stillwell, Alcohol and Drug Program administrator for the DPH, told us the department provided the seed money to open that shelter in March. Now the shelter is scheduled to close at the end of June.

The mayor’s budget also would cut 150 outpatient and residential treatment slots for substance abusers and replace them with a methadone van for recovering heroin addicts, with a $1.3 million net reduction in services. Larry Nelson, managing director of Walden House, which likely would lose some funding if those cuts go through, told us that more methadone treatment is needed but it should not come at the cost of other services.

"I personally was on methadone for nine years. I’m an advocate. It’s a great tool in this war on drugs, but it’s not a great idea to cut one service to fund another," Nelson said. "Methadone treatment is long-term. Way more clients will be served with standard outpatient programs."

Newsom press secretary Nathan Ballard didn’t directly address the Guardian‘s questions on the mayor’s proposed cuts, focusing only on new initiatives: "In the area of substance abuse, the budget proposes $525,000 to expand existing partnerships and foster new alliances to provide an additional 50 emergency and stabilization beds for the city’s homeless."

Prada said Newsom’s budget is vague on how it intends to meet such goals with reduced funding. One thing poverty advocates and the budget numbers make clear is that the mayor is proposing significantly reduced resources for the poor, homeless, and drug addicted — money that he wants to divert to police, street cleaning, and other "back-to-basics" proposals. (Chris Albon)

The Queer Issue: Back to the future?

0

› culture@sfbg.com

I’m supposed to meet my editor, Marke B., to talk about this piece at noon at some cheap Mission restaurant that won’t bankrupt my lousy checking account. I arrive 15 minutes late; he’s running at least 30 behind. As I sit and wait for him, I can’t help but laugh — queers are always late. As a queer with a drag-queen alter ego, Felicia Fellatio, I know this is especially true — that hoary old chestnut about "running on drag time" has the ring of solid validity. Trannies are like Muni: we’re never on time.

But a growing body of scholarly queer literature suggests that the underlying cause of our tardiness may be more than simply wanting to be fashionably late. In fact, our predictable lack of punctuality might be a symptom of what many psychologists see as the gay community’s prolonged adolescence; there may be a sense of time unique to homos that exists outside heterosexual norms.

WIND IT UP


Put simply, queer temporality theory says that because our lives can’t be completely legally or socially mapped out according to the heterosexual model (getting married, having kids, sharing retirement benefits, expecting inheritance), we feel less pressure to conform to other aspirations (completing a degree, saving for a house, planning retirement) in the stereotypical Game of Hetero Life. Basically, tardiness is a form of subconscious queer rebellion. This can manifest itself as a rejection of all schedules, however quotidian. It can also lead to a profoundly different view of what the future means to queer people, especially in terms of freedom of choice. Well-known queer theorist Judith Halberstam elaborates on this theory, from a transgender point of view, in her book In a Queer Time and Place: Transgender Bodies, Subcultural Lives (New York University Press, 2005).

Some studies also posit that, because many of us grappled with the whole coming-out thing at the same time we were going through puberty, our adolescent maturation period was extended, thus stretching out our psychological development — and effectively slowing down our mental clocks. We just need more time to process things and act on them. Other queer temporality theories focus on the psychological effects of AIDS, which instilled in our community a sense of imminent mortality that negated the future and focused our attention on the present. Rather than making decisions based on what may be, we began to concentrate on what is, creating art and culture that offered immediate transcendence through humor and rage, rather than any abstract hope for the future. "AIDS quickens that sense of needing to and actually being able to draw forth from one’s spirit that work which will have resonance for other people," the late, great filmmaker Marlon Riggs said, and the recent work of performance studies scholar José Esteban Muñoz tries to show how queers have incorporated that sense of "quickening" into their lives and actions.

SPRUNG FORWARD


Of course, we may just run late for things because we’re busy, either at work (most of us rely only on ourselves for financial stability) or at play (our culture is still pretty party-centric, so we have a lot of hangovers to deal with). Plus, putting on all that makeup is practically a full-time job for us queens. Cut us a little slack so we can look fabulous. And all of the theories above seem awfully generalized — some may bristle at the suggestion that we be cast as supposed victims of a pathology that prolongs our adolescences and screws with our mental clocks. It’s not as if there aren’t queer people living as much as they can according to the hetero model, especially now that legal restrictions against same-sex marriage and adoption are relaxing in some areas.

In fact, the pendulum seems to be swinging the other way in terms of the queer rebellion against the straight timeline. As noted by broadcast journalist Tovia Smith last month on National Public Radio, in her piece "Marriage Causes Shift in Gay Culture," it seems that queers have gone "from a radical movement bent on challenging societal norms to a community now eagerly embracing those conventions as their own."

Smith drew her conclusion based on an interview with an upper-middle-class white gay couple from Cambridge, Mass. — the type of control group against which queers have traditionally defined themselves. Whatever negative connotations the phrase "prolonged adolescence" may conjure up, a case could be made that this is precisely what allows queer culture to thrive. Adolescence is when a personality is at its most fluid, and queer identity is the essence of fluidity. Halberstam sees queer temporality as a positive, radical reaction to heterosexual society’s mores, pitting it against the "time of inheritance," whose purpose is merely to shore up "the historical past of the nation" and protect "national stability." In the ’90s, a vibrant queer culture of artistic expression, political activism, and social and sexual interaction embraced the notion of prolonged adolescence.

FALLING BACK


Queercore bands like Pansy Division and Tribe 8 co-opted the in-your-face, live-fast-die-young aesthetic of punk, inviting listeners to throw off the shackles of heterosexual society’s expectations and, in the words of Pansy Division, "join the cocksuckers club." Homocore fanzines reveled in childlike graphics and gleefully reinterpreted teen fan magazines like Tiger Beat, giving them a decidedly homosexual spin. The hallmarks of puberty — geeky awkwardness, swoony crushiness, questionable outfits, wanton partying, sexual exploration — became queer fashion statements. Prolonged adolescence was also a means of connection in a time of grief and frustration, a flashpoint where queer history met the present. The AIDS Quilt used a common symbol of childhood comfort to unite and console mourners, and activist organizations like ACT UP and Queer Nation energized their members with the élan of belonging to a rebel schoolyard gang.

But that was the past, and there’s no denying that, with more access to the heterosexual lifestyle opening up for queers, the future is upon us. HIV is no longer a death sentence (for people who can afford the meds), and any evidence of necessary rebellion is awfully hard to find in young gay people these days, at least on the face of it. Prada and Beyoncé have replaced vintage clothing and queercore as coins of the young gay realm, and the psychological and social effects of the current lust for consumerism and mainstream pop culture on queers today will be for future theorists to puzzle out. To me, it represents a sad trend that aspires more toward societal acceptance than political subversion, an adjustment of our internal clocks to tick to the tired straight beat. Call me nostalgic, call me behind the times — just don’t call me late for cocktails.

Editor’s Notes

0

› steve@sfbg.com

I’ve been obsessed with high-speed rail for a couple of months now. It started in March when I was in France and had my first experience on the TGV trains that zip between Paris and Lyon in less than two hours, about a third of the time it takes by car. The ease with which I stepped onto the train made my airport experiences seem like torturous tests of my capacity to endure long lines, inexplicable delays, nosy cops, bureaucratic madness, and fellow travelers made cranky by it all.

As the French countryside flew past me at 200 mph, I wondered why California has been unable to build a high-speed train connecting Los Angeles and San Francisco, cities quite similar to Paris and Lyon in terms of distance and cultural importance. So I researched the issue and learned that the single biggest obstacle is Gov. Arnold Schwarzenegger, as I reported recently in "The Silver Bullet Train" (4/18/07), a story that the San Diego CityBeat then ran as its cover article in its last issue.

So I was intrigued to hear what Schwarzenegger had to say on the subject last week when he came to speak in a Pacific Gas and Electric Co. auditorium for an event sponsored by the San Francisco Chamber of Commerce. When asked about it, the governor said, "I’m a big believer in mass transit. I’m a big believer in high-speed rail. I think this high-speed rail is a great possibility, but I want us working on the public participation — private partnerships — then we can commit to the $10 billion to put in from the public sector."

Which, of course, is complete bullshit. The governor’s budget made big cuts in mass-transit spending, including chopping $28 million from BART and $36 million from Muni. And it proposed gutting the California High Speed Rail Authority, which has long planned for the need for private-sector funding support that Schwarzenegger claims will preclude next year’s $10 billion high-speed rail bond measure. Those who know the issue know how ridiculous the governor sounds.

"Based upon your encouragement, we have prepared the financing plan. If your support for an appropriate level of funding in 2007–<\d>08 is contingent upon securing specific commitments of funding from various public and private entities, you are the logical leader who can bring together California Congressional leaders and private financiers," CHSRA chair Quentin Kopp wrote to Schwarzenegger on May 25.

And still Schwarzenegger does nothing to support the project, which the downtown think tank San Francisco Planning and Urban Research Association (SPUR) makes the focus of its June newsletter under the headline "High Speed Rail Essential to Keep California on Track: Trains Offer Best Bet for Fast, Clean Transport as State Grows."

It’s time for Schwarzenegger’s deeds to start matching his words, particularly on this crucial project.*

Gunning for Boots

0

› kimberly@sfbg.com

SONIC REDUCER Where have all the outlaws gone? Now that Paris Hilton seems like the highest-profile sorta-one-hit wonder to run afoul of the law, it’s easy to believe that pop’s rep for rebellion is seriously in question. (And with Warner Bros. jettisoning the overexposed jet-setter, who knows if she should even make the tally?) Yet just how disturbing or subversive is it to glom on to corporate punks like Good Charlotte or hitch your fortunes to soaking-in-it onetime gangstas like Snoop "Soul Gravy Train" Dogg? How revolutionary is it to play music your parents might approve of, à la white-bread soul poppers Maroon 5?

But those petty pop-crit worries wane on hearing about the Coup mastermind Boots (né Raymond) Riley’s Memorial Day misfortune. In the early-morning hours, long before most locals were firing up the grill and chugging microbrews, Riley was looking down the wrong end of a San Francisco Police Department gun barrel while innocently attending a get-together at a friend’s warehouse in SF’s Dogpatch-Waterfront zone. Why? Likely for nothing more than driving while black.

Riley had just parked his car near the warehouse when he was blinded by flashlights, and he realized that he was surrounded by cops. "They were saying, ‘Don’t fucking move, don’t fucking move,’ and came straight at me," Riley told me from his Oakland home, where he had just fed his kids their Sunday breakfast. "They put my hands above my head, searched me, and searched my car, even though they were looking for someone who was stealing tires. You know, if they had a description of a light-skinned black man with a big Afro and sideburns, maybe they should have taken me in. But they were yelling, ‘Are you on probation? Do you have a warrant?’ And every time I said no, they said, ‘Don’t lie to us. Don’t fucking lie to us.’"

Neighbor Hoss Ward had been walking his dog by the warehouse when he spied officers with flashlights lurking between parked cars amid the trash on the street. "I thought that was weird. They didn’t question me, but I’m a white man," he said later, verifying that Boots parked, got thrown against his car, and had guns pulled on him. "It’s not unusual for someone to pull up in a beater car," Ward said. Yet this incident smelled like racial profiling: "That’s what the vibe felt like."

"I walked over there and said, ‘What the hell is going on?’" recounted Riley’s friend Marci Bravo, who lives at the warehouse. Eventually Riley was released, but, Bravo continued, "It was really messed up. We fire off fireworks, burn things in the street, and there’s been no problems with cops. They’ve actually come and hung out before.

"It’s just a nasty case of police profiling."

In the end, Riley said, the officers didn’t even check his ID. At press time, police representatives had not responded to inquiries about the incident, and Riley was planning on filing a grievance with the city watchdog agency the Office of Citizens Complaints, a process that the longtime activist is, unfortunately, familiar with. After a 1995 Riverside performance with Method Man, Riley and kindred local hip-hoppers Raz Caz, E-Roc, and Saafir were pulled over and pepper-sprayed in their car seats following a yelling argument at a club. Then there was the incident during the Coup’s 2006 tour around, ironically, their Epitaph album Pick a Bigger Weapon. Shortly after the tour manager urinated next to a semi at a Vermont rest stop, the tour vehicles were stopped by plainclothes officers who claimed to be surveilling a cocaine deal in the truck. "Half the band woke up with guns in their faces," the Coup leader recalled.

Riley’s experiences in and out of our enlightened — for some — city bring home the ugly, everyday reality behind the entertaining anecdote with which the Arcade Fire’s Win Butler regaled the Greek Theatre crowd June 2: he was almost arrested for the first time that day when Berkeley police dragged him out of a rec facility for arguing over the use of a public basketball court. "They called for backup and everything," Butler marveled onstage.

"There are stories all the time," Riley offered matter-of-factly. "Everyone knows you used to get fucked with in San Francisco and Berkeley."

"Usually it’s not anything with me specifically being a rapper," he continued. "I might have even more protection because of that. Like at this get-together, somebody came up and said, ‘Don’t you know who this is? This is Boots Riley.’ They might not have known who I am, but they realize this isn’t the regular case where they can do whatever they want." *

ALIGN YOUR CHAKRAS, CAMPERS

Talk to underground trance DJs, and they’ll point to the Harmony Festival as the hot spot forest ravers will be orbiting. Indeed, one of the main organizers, Howard "Bo" Sapper — who, along with Sean Ahearn, Scott McKeown, and Jeff Kaus, is putting on the 29th music and camping fest — agrees that a healthy, fire-breathing portion of the expected 40,000 at the three-day event will be die-hard burners drawn to the seven-year-old techno tribal night. Sapper also points proudly to the diversity of the musical lineup, including Brian Wilson, Erykah Badu, Rickie Lee Jones, the Roots, Common, moe., and Umphrey’s McGee. "I’m not sure if we’re going mainstream or the mainstream is coming to us," Sapper said, listing the green exhibits and this year’s theme, Promoting Global Cooling. "It’s part of the paradigm shift going on in America."

OVERNIGHT MUST-HAVES


Earplugs

Air mattress

Plenty of water

Patience

HARMONY FESTIVAL

Fri/8–Sun/10, $20–$500

Sonoma County Fairgrounds

1350 Bennett Valley Road, Santa Rosa

www.harmonyfestival.com

Downtown’s sneaky parking plan

0

OPINION Two years ago this week, the mayors of many of the world’s largest cities gathered in San Francisco for World Environment Day and pledged to make their cities more livable and sustainable places.

San Francisco justly prides itself on being an environment-minded city made of diverse and livable neighborhoods. Thanks in large part to the city’s historic neighborhoods, designed around walking and public transit, San Franciscans generate fewer greenhouse gas emissions per capita than residents of any city in the country except New York.

Unfortunately, one of the most environmentally unfriendly measures to come along in a decade may be headed to the ballot. A shadowy coalition of downtown interests is gathering signatures for a measure, the brainchild of Republican financier Don Fisher, that would impose a one-size-fits-all parking "solution" on San Francisco’s distinct neighborhoods while removing protections for pedestrians, cyclists, and public transit from the city’s Planning Code.

This measure, blandly titled the Parking for Neighborhoods Initiative, threatens to reverse decades of progress toward a sustainable and livable San Francisco.

If this measure becomes law, it will negate the ability of neighborhoods to plan their own future, to provide affordable housing options, and to make their streets safe and livable. It will, in a stroke, overturn many years’ worth of neighborhood-based planning efforts, from downtown and South of Market through Hayes Valley and the Mission to Balboa Park.

Reduced-parking requirements, limitations on creating new parking spaces, have become a useful tool for decreasing traffic congestion, encouraging walking, cycling, and public transit use, and making housing more affordable in the city’s most dense and transit-rich neighborhoods. The city’s Downtown Plan, adopted in the 1980s, encouraged the area to grow as a diverse commercial, industrial, and residential district, oriented to transit rather than the automobile.

Many neighborhoods may not choose reduced-parking requirements, but where they fit, residents have embraced them as a way to preserve their neighborhoods’ livability, character, and affordability. Nearly a third of San Francisco households live without a car. A UC Berkeley study showed that units without parking spaces are affordable to twice as many households as units with them.

The measure would also prohibit programs to make San Francisco’s mean streets safer places for all of us, particularly children, elders, and the disabled. It arrogantly asserts the right of developers to cut new driveways and garage entrances wherever they want, regardless of the number of pedestrians, cyclists, and Muni riders who would be inconvenienced or even endangered.

Proponents of the measure are trying to give it a green gloss, invoking provisions about car sharing and low-emission vehicles. Don’t be fooled — this ill-conceived measure will make our city less sustainable, less livable, less affordable, and less safe. Don’t sign the petition! *


Tom Radulovich is executive director of Livable City (www.livablecity.org).

Ed Jew: “I don’t spend my money this way and I’ll bet you don’t either.”

0

By Sarah Phelan

Cannot get enough of the Sunset Beacon!
In a recent “Update on District Affairs” column for the neighborhood paper, Jew writes about why he and Sups. Michela Alioto Pier, Sean Elsbernd and Geraldo Sandoval, opposed Sup. Chris Daly’s $28 million supplemental appropriation for a variety of affordable housing programs.
Since we were kinda wondering about that vote (unlike Jew we don’t own 13 properties in and around San Francisco and therefore we could seriously use some more affordable housing), we read on.
“Some supervisors [that would be seven out of eleven supervisors, Ed] believe this money needs to go to affordable housing because the taxpayers have twice, in recent years, turned down the opportunity to pay more property taxes intended for housing.”
“Of course we need affordable housing, but a last-minute budget raid is not the way to get it, “continues Jew, who claims he was “particularly puzzled” that the $28 million request contained $5 million for the Housing Authority, “an agency,” writes Jew that spends money so badly that former Mayor Art Agnos has just been named it court-appointed receiver for the purpose of forcing the agency to pay its bills. There are no strings attached to the $5 million–it is basically a blank check. I don’t spend my money this way and I’ll bet you don’t either.”
Actually, Ed, now that you’ve mentioned it, we’ve been wanting to ask you about the $40,000 cash in your office safe, and how you were planning to spend it. See you at the Board meeting, tomorrow.

Negative creep

0

› duncan@sfbg.com

"Do you always have to offend everyone?" So ran a comment — anonymous, of course — on a piece I’d written for an undergrad creative writing class, a piss take on the Our Father titled "Our Father II." This was in the early ’90s, when I was still planning my escape from junior college and the burbs. Another classmate suggested that I "try going on a fishing trip or getting laid or something" so I could "write something positive for a change."

During this time in my life, Unsane (Matador, 1991), the eponymous debut by the East Village meat grinders, was in heavy rotation on my turntable, the cover displayed upright on the stereo cabinet: a man on the subway tracks, his head neatly severed by the downtown train. In an era rife with rawboned noise rock, the record was the ne plus ultra of anger and aggression: as violent and uncompromising as golden-age Slayer, but more immediate and less mythical. Whereas Slayer sang about historical creeps Ed Gein and Josef Mengele, Unsane’s Chris Spencer screamed his throat raw about that guy, right there, sitting across the aisle from you with an ice pick in his pocket, staring. Musically, he somehow managed to take the country staple Fender Telecaster and wring the twang out of it, giving it a metal-on-metal screech like that subway train with its brakes locked.

Years later, after logging a decent amount of coitus and fishing trips, I had lost neither my predilection for the aggro or for Unsane. I’d wander around the SF State campus stressed, thinking deep collegiate thoughts, scowling, and muttering to myself, borderline Trenchcoat Mafia and pre–selective serotonin reuptake inhibitors. I got into a philosophical argument with a poet visiting one of my classes. She was heavily into Zen and read a few poems about sweaty horses and wild roses. They were well crafted and praiseworthy but raised hackles when their author, all blissed out on Mill Valley and whole grain, contended that the purpose of poetry is to convey beauty. That’s an option, sure, but what about ugly? If the only purpose of art is to strive for beauty, what separates it from a Cover Girl commercial, from the consistent mainstream message that things, such as they are, are not as they should be? "Beauty is truth, truth beauty," John Keats wrote in "Ode on a Grecian Urn." I prefer the adage "Beauty is only skin-deep, but ugly goes to the bone." Sure, the Lorax speaks for the trees, but who will speak for the twisted, ugly, and bitter?

It’s a rhetorical question, of course. Three albums — not counting singles and greatest-hits comps — and four labels later, Unsane are back with Visqueen on Ipecac, with its cover of a body wrapped in plastic sheeting and dumped in a meadow. Over the course of its career, the band has toured relentlessly, including an opening stint with Slayer; lost a drummer to a heroin overdose; and inspired dozens of noise bands, some the real deal, others merely aping it. In February 1998, Spencer was attacked by four people in Amsterdam and needed emergency surgery for internal bleeding. So while you can look at the photos on Unsane’s site and see the band members smiling and horsing around, their recordings are decidedly missing that "good day, sunshine" vibe. They’ve been there, and they’ve seen it. "This city is packed full of lowlifes," Spencer sings over a forlorn harmonica on the ominously titled "This Stops at the River," "and all I can see in your eyes is fear."

It can be argued that there’s a certain homogeneity in Unsane’s fixation on the shady side of the street. "I know it’s only pain / I know it’s all the same," Spencer reveals in a moment of self-awareness. Both Keats and my classroom visitor had it right — and they both had it wrong. Zen isn’t a hippie chill pill; it’s about seeing clearly what’s there. This is the picture, Pollyanna. This is the whole thing. You live in the city; there are no more truffula trees. There are no more barbaloots in their barbaloot suits. There’s a boot on your car, rent’s due, the phone’s been disconnected, and there’s a junkie sitting on the curb, shooting up in his foot.

There are things you can count on in this world, and that same, punishing Unsane sound, with minor variations, will be there when you need release. Keats died of tuberculosis at 25, coughing up blood. If "beauty is truth, truth beauty," then either his death was a lie or all the death and blood and bodies wrapped in Visqueen have some kind of underlying beauty. There is an aesthetic in violence and fear that forms a more satisfying whole than roses and Grecian urns alone. What does an urn hold, after all, but ashes? *

UNSANE

With 400 Blows and Mouth of the Architect

Tues/5, 9 p.m., $10

Bottom of the Hill

1233 17th St., SF

(415) 621-4455

www.bottomofthehill.com

Return to the sixth dimension

0

› cheryl@sfbg.com

It’s nearly impossible to describe Forbidden Zone to the uninitiated. It’s a musical, a surreal fairy tale, an avant-garde live-action cartoon, and a strangely alluring jab at the boundaries of good taste. It’s black-and-white and nutty all over — and has become a cult sensation since its 1980 release. A film as singularly odd as Forbidden Zone obviously has one hell of a backstory. Fortunately, I didn’t have to sneak through any basement portals to track down director and coscripter Richard Elfman. Now the editor of Buzzine — an entertainment and pop culture mag with a bustling Web site, www.buzzine.com — Elfman e-mailed and chatted with me over the phone about what’s possibly the strangest movie ever made, featuring the first film score by his brother, Danny Elfman.

Surprisingly, Richard revealed quite a few San Francisco ties; he lived in the Haight and in Berkeley in the 1960s and ’70s, playing in an Afro-Latin percussion ensemble that later gigged in Las Vegas. He also spent some time working with the Cockettes, who introduced him to Max Fleischer’s Betty Boop cartoons, a Forbidden Zone influence. A fateful trip to a Toronto theater festival introduced him to the Grand Magic Circus, a French troupe that encouraged his eclectic theatrical tastes.

SFBG How did you move from the Grand Magic Circus to form the Mystic Knights of the Oingo Boingo?

RICHARD ELFMAN Shortly [after the Toronto festival], the Magic Circus opened a major show in Paris. I was invited to join the company, which I did, and soon brought my younger brother Danny in. I married the leading lady, Marie-Pascale — Frenchy in Forbidden Zone. The show was billed as an avant-garde musical, but in fact much of it had roots in both turn of the century absurdism and French classical comedy.

After a year of touring Europe and beyond, I, along with Frenchy and my childhood friend Gene Cunningham [Pa in Forbidden Zone], formed the Mystic Knights of the Oingo Boingo back in Los Angeles. My brother Danny, who went from the Magic Circus to a year in the African bush — I’m not joking — joined us shortly thereafter. The Mystic Knights incorporated absurdist comedy with an eclectic mix of great older music, pieces [by Cab Calloway and others] that could no longer be heard live elsewhere, along with original avant-garde pieces by Danny. As the ’70s moved along, I went off to other projects; under my brother’s direction, the Mystic Knights were ultimately bent into a rock band, Oingo Boingo.

SFBG Obviously, several of the performers in Forbidden Zone were from the theater troupe — but how did Susan Tyrrell and Hervé Villechaize get involved?

RE Well, the film had Frenchy [who starred and was the production designer], Gene, my brother, and all of the Mystic Knights, along with Danny’s childhood friend and original Knight, Matthew Bright, who played Squeezit and René Henderson. He also cowrote Forbidden Zone and went on to write and direct films like Freeway [1996]. Matthew’s roommate at the time was Hervé Villechaize, the king. Hervé’s girlfriend was Susan Tyrrell, the queen. Et voilà!

SFBG What were some of the challenges you faced during filming?

RE I didn’t know what the fuck I was doing when I started, but I eventually figured things out and got — over three arduous years — something that gives the sense what our Mystic Knights shows were like. The music was easy, as I had experience staging and choreographing musicals, and my little brother is Mozart. The animation bankrupted me, however. We inked things cell by cell, the old-fashioned way. Susan and Hervé had their occasional spats, although they were both supreme troopers who kicked their Screen Actors Guild checks back into the production. Hervé even helped Frenchy paint sets on weekends.

SFBG How much of the film was scripted?

RE It was all scripted; nothing was spontaneous. In the number "Bim Bam Boom," I had a really shy guy whose lips semifroze when it came time to lip-synch the song. So I had Matthew Bright’s lips superimposed over his. I use that example even today as an admonition for actors to do as I say.

SFBG The film is now known as a stoner classic, so I feel like I have to ask if there were any chemicals involved — and if not, where’d you come up with the story? Were you inspired by other filmmakers or artists?

RE Personally, I don’t take drugs. Wine and women, or woman — I am presently remarried — are as many intoxicants as I can handle. In terms of other inspiration? Along with Max Fleischer, the Cockettes, and Jerome Savary and his Magic Circus, I was influenced by Cab Calloway, Duke Ellington, Josephine Baker, Latin great Miguelito Valdez, and Aaron Lebedeff of the Yiddish theater. Design style? Definitely German expressionism, which serves one well if your whole art budget is only 40 rolls of paper and 12 buckets of black and white paint.

SFBG When the film came out in 1980, what was the reaction? Did it have a regular theatrical run?

RE Well, it had a brief summer run of scattered midnight shows. It was banned from the University of Wisconsin and other institutions of higher learning. I remember there was an arson threat in Los Angeles one night. Censorship rears its head in many guises; in our case the politically correct tried to kill Forbidden Zone, although they were not entirely successful.

SFBG Did you have any idea Forbidden Zone would be a cult hit?

RE I had thought the film had totally disappeared. About five years ago, when I put my first Web site up, I received e-mails from fans from around the world. Apparently bootleg videos had been going around for years, picking up new fans. I was knocked on my ass, truly.

SFBG Forbidden Zone 2 — true or false?

RE We’re planning Forbidden Zone 2: The Forbidden Galaxy. Ma and Pa Kettle are driven from the dust bowl along with their kids — gray-haired Stinky and the slutty, lumbering Petunia — and they move to Crenshaw, down in South Central LA, only to purchase that fateful little house whose basement is connected to the sixth dimension. "Just wait until those dead babies start marching!" *

FORBIDDEN ZONE

With Richard Elfman in person

Another Hole in the Head Film Festival

Sat/2, 11:45 p.m., $10

Roxie Film Center

3117 16th St., SF

www.sfindie.com

Nuclear greenwashing

0

› amanda@sfbg.com

Patrick Moore’s presentation isn’t as slick as Al Gore’s. The slides he shows lack a certain visual panache and don’t compare to the ones in An Inconvenient Truth. Moore himself seems a little frumpy, particularly as he peers out across the audience recently gathered in the Warnors Theatre in Fresno.

But attendees paid $20 to hear the former Greenpeace leader extol the benefits of nuclear energy as a clean, safe, reliable, economic, and — perhaps most important to the current political and media focus on global warming — emissions-free source of power.

It’s hard to imagine Moore at the helm of an inflatable boat steering into the line of a whaling ship’s fire, but that iconic Greenpeace image is exactly what he wants you to associate with him. The Vancouver, British Columbia, native is quick to tell you he’s a former leader of one of the most effective international activist organizations ever. But he said he’s older now and wants to be for things instead of against them.

What’s Moore for? Warding off the warming of the world. What does he think will do it? More nuclear power plants.

If there’s any great and unifying issue thrumming through the national psyche, defying political party lines and flooding the media filters these days, it’s global warming. While leaders argue left and right about nearly every issue that comes before them, there is at least consensus that something must be done about climate change.

Gov. Arnold Schwarzenegger jumped on that bandwagon last September when he signed into law Assembly Bill 32, mandating a 25 percent reduction in carbon emissions by 2020.

Thirty-one states recently agreed to join a voluntary greenhouse gas emissions registry similar to California’s, 10 northeastern states are creating a cap-and-trade market, and already half the country has laws requiring that a certain percentage of local power portfolios come from renewable energy.

The alternative-energy troops who’ve long been waiting in the trenches have stepped up to fight, armed with the tools they’ve been honing for years: solar panels, wind turbines, tidal power, and biofuels. They say new options and innovations abound for weaning the country off its fossil fuel habit.

But there are already critics who say those approaches aren’t going to be enough — and that we need to go nuclear against this planetary threat. And now they have some unlikely new allies.

Maybe you’ve seen the headlines touting the new nuclear push, running in the New York Times, the Washington Post, the Los Angeles Times, and all the daily syndicates. They all claim the same questionable facts: Nuclear power is clean and emissions free. It’s safe, reliable, and cost-effective. It isn’t contributing to global warming — and these days even the environmentalists like it.

James Lovelock, the renowned Gaia theorist, thinks nuclear energy will be essential to power the developing world. On a Sept. 13, 2006, airing of KQED’s Forum, he told host Michael Krasny, "I would welcome high-level nuclear waste in my backyard."

During the hour-long program he said the dangers of radiation were exaggerated; there wasn’t that much waste generated; and in order to mitigate the increasing effects of climate change, we should "look at nuclear as a kind of medicine we have to take."

Stewart Brand, creator of the Whole Earth Catalog, thinks nothing is more doomsday than global warming and told the Guardian he advised Pacific Gas and Electric Co. to start touting nuclear power as a solution.

"The nuclear industry needs a new green generation," he told us. "My fellow environmentalists ought to be grateful to the nuclear industry for supplying 20 percent of our electricity."

And then there’s Moore, the 15-year Greenpeace veteran who once put his body in the way of a seal hunter’s club and wrote in an April 16, 2006, Washington Post op-ed, "My views have changed and the rest of the environmental movement needs to update its views, too, because nuclear energy may just be the energy source that can save our planet from another possible disaster: catastrophic climate change.

"Nuclear energy is the only large-scale, cost-effective energy source that can reduce these emissions while continuing to satisfy a growing demand for power. And these days it can do so safely."

The bio for the Post piece identifies Moore as cochair of "a new industry-funded initiative, the Clean and Safe Energy Coalition, which supports the use of nuclear energy."

It’s one of the few articles that make such a disclosure, although more probably should. A survey by Diane Farsetta, a senior researcher at the Center for Media and Democracy, came across 302 recent articles mentioning Moore and nuclear power as a possible option for mitigating the effects of global warming.

Only 37 — a mere 12 percent — said he’s being paid to support nuclear power by the Nuclear Energy Institute (NEI), a national organization of pro-nuke industries that’s hired Moore to front its nuclear renaissance.

Only the Columbia Journalism Review has drawn the further connection that Hill and Knowlton has been paid $8 million to help the NEI spread the word that the nukies have the silver bullet for solving global warming.

Hill and Knowlton knows a little something about pushing dangerous products. The company created the tobacco industry’s decades-long disinformation campaign about the effects of smoking. Veterans of that campaign then helped ExxonMobil try to bury the truth about global warming.

Before laughing these folks out of the reactor room, consider this: Nancy Pelosi and Dianne Feinstein, who’ve been against nukes in the past, are now suggesting nuclear energy needs to be considered in light of global warming.

Al Gore and Hillary Clinton have also made similar recent murmurings. Of all the major 2008 presidential candidates, only Dennis Kucinich and John Edwards have offered up energy plans that don’t include more nukes.

Eight states are working on pro-nuclear legislation, and although a bill to lift the moratorium on new plants in California was shot down in the Assembly’s Committee on Natural Resources, its sponsor, Chuck DeVore (R-Irvine), told us he intends to introduce it again and again until it passes.

In the meantime a private group of Fresno investors has signed a letter of intent with a nuclear power company to put a 1,600-megawatt nuclear plant in the San Joaquin Valley. So far the only thing stopping the group is the state’s 30-year-old moratorium, which says no new nuclear power plants may be built in California until a permanent solution to the waste is established. The investors are already working on a November 2008 ballot measure to end the ban and allow new nuclear plants.

A new nuclear plant hasn’t been built in the United States since 1978, when concerns about safety, cost, and the long-term waste management challenge (nuclear rods will still be deadly hundreds of thousands of years from now) overwhelmed the industry.

But if there were ever an opportunity for a nuclear renaissance, the threat of climate change has created one. And the poster child is Moore, a relatively innocuous Greenpeace exile who’s traveling around the country with a B-movie version of Gore’s Oscar-winning documentary, speaking to communities and drumming up what he calls a grassroots coalition of mayors, business leaders, and community activists. He’s steadily convincing them we need more nuclear power by trading the classic doomsday scenario of a massive radioactive explosion for the creeping killer global warming.

"I’m aghast," Dr. Helen Caldicott, an Australian who helped found Physicians for Social Responsibility and is one of the most prominent international critics of the dangers of nuclear energy, told us.

Caldicott, who’s authored several books on the subject, most recently Nuclear Power Is Not the Answer (2006), said, "I’ve never seen a propaganda exercise which is so fallacious. Both the politicians and the media are buying it."

She and other nuclear watchdogs who’ve been patrolling the industry for more than 30 years say it’s anything but a safe, reliable, economic, and emissions-free silver bullet.

Let’s look at the facts.

SAFETY


When it comes to safety, Moore told us, "US nuclear power plant employees enjoy the so-called healthy worker effect: people employed at the plants have lower mortality rates from cancer, heart disease, or other causes and are likely to live longer than the general population."

To support this claim, he cited a 2004 Radiation Research Society study of 53,000 workers. After reviewing it, Caldicott said, "I’m very suspect. There’s nothing here about people who are living with cancer."

Caldicott admits there’s a void of data about the health of nuclear workers and people who live near plants. The Nuclear Regulatory Commission doesn’t mandate baseline studies of cancer rates in areas surrounding the sites of nuclear facilities.

But people living near Three Mile Island, the Pennsylvania plant that came within minutes of a catastrophic meltdown in 1979, demanded studies, which found evidence of increases in thyroid cancer in the region. And Caldicott, in her recent book, pointed out that there are a number of things the government doesn’t want to admit. "To this day there is no available information about which specific isotopes escaped nor the actual quantity of radiation that was released," she wrote, going on to detail how, for lack of sufficient data about the distance the radiation may have spread, scientists studied the rates in the livestock of nearby fields and found supporting evidence that the plume of poison spread as far as 150 miles away.

And of course, there’s Chernobyl, where a 1986 nuclear-plant disaster caused lasting health problems and contaminated a huge swath of what was then the Soviet Union.

The unavoidable fact is that the industry thus far has had two terrible, nightmarish accidents, one of which was catastrophic and the other very nearly so.

And every part of the nuclear-power cycle involves serious health risks.

"You want to get really sad?" asked Molly Johnson, a lifelong environmental justice activist and San Luis Obispo County resident. "Go to New Mexico, go to Arizona, see the families that are dying because of the uranium mining. Their water is irradiated from the uranium tailings that are still there…. Why would we continue that?"

These days intentional attacks are even more of a concern. But Moore isn’t sweating. He said he thinks a plane colliding with a power plant is unlikely, even though the 9/11 Commission Report found that al-Qaeda operatives at one point considered aiming for the Indian Point reactor in New York.

Even if a jet hit a plant, Moore insists, the plant would be strong enough to withstand a collision. "If you drove an airplane into that, it would just be one messed-up airplane you’d have to deal with," he said.

Not exactly, say the critics.

"He is just dead wrong about reactor security. Breathtakingly misinformed," said Dan Hirsch of Committee to Bridge the Gap, a public interest group that’s been studying nuclear power and proliferation issues for nearly four decades. "Virtually no reactor containment in the US was designed to withstand a hit by a jumbo jet. Significant parts of the plant essential to preventing a meltdown are outside containment anyway."

Hirsch is speaking of power lines, which transmit electricity from the plant and also carry electricity to it — power that’s used to keep dangerous components cool and safe. If that power were cut off for any length of time, a meltdown could occur in the pools where explosive spent fuel is kept.

These spent-fuel storage areas — essentially big swimming pools where radioactive waste is kept underwater until a long-term storage facility is built — rely on a steady pumping of water to cool the superheated waste. All you’d have to do is stop that water pump, and there’d be a meltdown. And the storage areas don’t necessarily have the same fortified structures as the reactors.

Hirsch said, "A successful attack on a nuclear plant or, even worse, a spent-fuel pool would be the worst terrorist event to ever occur on earth by far, capable of killing over 100,000 people immediately and hundreds of thousands of latent cancers thereafter, contaminating an area the size of Pennsylvania for generations."

There’s no immediate solution in sight for long-term storage, so these pools of deadly waste will likely remain on reactor sites for many years.

San Luis Obispo County’s Mothers for Peace recently sued the NRC over the newly established laws regarding protection against terrorist attacks, which only require plants to be able to ward off five potential external terrorists on the ground. It took 19 people to pull off the Sept. 11 attacks. The 9th Circuit Court of Appeals in San Francisco ruled that power plant operators must also consider the possibility of an air attack when designing spent-fuel storage tanks.

Mothers for Peace is fond of noting that existing security measures aren’t what you’d call foolproof. During a recent earthquake, 56 of 131 sirens in the San Luis Obispo area — designed to alert residents of a possible accident at the plant — didn’t go off because the power was out and they aren’t backed up by generators or batteries.

When Mothers for Peace and the Alliance for Nuclear Responsibility brought the failure to the attention of the NRC, the agency said that nothing is perfect and that the sirens over the course of 1,000 hours worked 99 percent of the time.

"Except the five hours you’d actually want them to work," David Weisman of the Alliance for Nuclear Responsibility said.

Nuclear power is either a creeping killer or a sitting bomb. Wind farms and solar-panel arrays are not leaching poisons into the environment. They’re not direct targets for terrorist attacks, and if they were, the result wouldn’t be all that horrible. Imagine cleaning up a bombed wind farm versus a nuclear power plant.

"Wind farms are on nobody’s list of targets," Weisman added. "If a windmill falls and there’s no one there to hear it, do you need an emergency evacuation plan?"

RELIABILITY


A centerpiece of the pro-nuke argument is that nuclear power is a baseload source, meaning it can generate energy all day, every day. Solar and wind, of course, rely on the cruel (and unpredictable) forces of nature to generate power.

But one could argue the same about nuclear power plants. They’re run by people — and the record of those operators isn’t encouraging.

Moore expressed great confidence in the Nuclear Regulatory Commission: "They have very, very stringent requirements and regulations. It’s all there for anybody to see. All of these reactors are inspected regularly. There is no reason in my estimation to suspect the NRC of anything other than being a responsible watchdog agency. If you want to take the time to dig into it, you can find out what’s going on."

David Lochbaum does take that time — and he’s found out a lot. After working for 17 years as a consultant to the NRC, he joined the Union of Concerned Scientists (UCS) as a nuclear-safety engineer. He spends his days combing NRC reports and documents and compiling studies on the safety of the industry. His experience and research have caused him to conclude that the commission can’t stay on top of the 103 plants in the country.

"We get a lot of calls from workers in the plants, and NRC employees that have safety issues they’re afraid to raise," he said. "We had three calls last week. That’s a little more than usual, but we usually get 50 to 60 whistleblower calls a year." He said sometimes the workers have already raised the issue internally but need an ally to force a remedy at the plant. Other times they’re afraid to speak about what they’ve seen without fear of retaliation.

Lochbaum authored a September 2006 study for the UCS titled "Walking the Nuclear Tightrope" on the issues of safety and reliability. It’s a chilling read; it carefully outlines how regulators have been complicit in allowing plants to operate far longer than they should and how these overstressed plants eventually have to be shut down for years to restore safety standards. He found that in the last 40 years plants have ground to a halt for a year or more on 51 occasions. In most cases it wasn’t a spontaneous incident but an overall decaying of conditions that compromised safety.

"Some observers have argued that the fact no US nuclear power reactor has experienced a meltdown since 1979 (during which time 45 year-plus outages have occurred) demonstrates the status quo is working successfully," Lochbaum wrote. "That’s as fallacious as arguing that the levees protecting New Orleans were fully adequate prior to Hurricane Katrina by pointing to the absence of similar disasters between 1980 and 2004."

One of the most recent and chilling examples is the 2002 outage of the Davis-Besse plant near Toledo, Ohio, where a hole the size of a football was discovered in the vessel reactor head. Only a half inch of steel remained to prevent a massive nuclear meltdown. The plant was overdue for a shutdown and an inspection and had been granted the extension by the NRC.

When asked what he thought about that close call, Moore said, "I didn’t think it was a close call. I thought it was a mechanical failure that should have been caught sooner. It was caught long before it became an accident or anything like that."

"When you say close call, that means that nothing actually happened," he concluded.

But when there’s a facility where an accident could lead to mass deaths, even close calls are grounds for concern. That’s why we have to hold nuclear plants to such high standards. And the fact that plants have to close so often to avoid disastrous accidents doesn’t say much for the reliability argument.

EMISSIONS


This may be the issue on which the pro-nukers make the most headway. Moore cites a number of international studies, posted on the NEI’s Web site, that show nuclear plants competing only with hydropower when it comes to emitting the lowest level of carbon dioxide. Even solar panels and wind turbines, when one factors in the entire energy process, emit more greenhouse gases, according to these studies, though all these power sources release significantly less than burning coal or natural gas.

The anti-nuke crowd says a true study has never been completed that quantifies the CO2 emissions from mining uranium and turning it into usable nuclear fuel. Both are heavily energy intensive. Additionally, they argue that transporting waste will incur even more CO2 emissions, whether it’s shipped across the sea for reprocessing in Europe or trucked across the country for burial in Yucca Mountain.

But the waste itself is also a huge issue. Although nuclear power plants don’t have bad breath, they do emit toxins — and it’s an unresolved issue as to where to put them. The current forecast for opening the Yucca Mountain repository is 2021. Senate majority leader Harry Reid of Nevada opposes building the facility, and he’s pushing a bill that would require plants to keep the crud in their backyards.

"They’ve had 50 years to work on the waste issue," Weisman said. "And the best solution they’ve come up with is, who do we not like enough to send it to?"

Either way, Moore thinks waste is not a problem. If anything, it should be reprocessed — he likes to call it "recycling." Under that process, spent fuel is bathed in acid to separate out the usable plutonium. That can be followed by vitrification — a complex, energy-intensive process of suspending the highly radioactive and corrosive acid in glass, which is then sealed in expensive trash cans of steel and concrete and buried underground for at least 300 years, after which point he predicts it should no longer be a problem.

"It makes more fuel," he said.

Actually, Hirsch said, "it makes more weapons-grade plutonium." He argues that the last thing the nation should do is allow nuclear-plant operators to separate the plutonium and put it on the market, where it can be leaked for bomb making.

Additionally, there are a number of waste sites around the country that are slowly emitting what they’ve been designed — or not designed in some cases — to contain.

The worst is probably in Hanford, Wash., where decades’ worth of reprocessed spent radioactive fuel pushed the area beyond Superfund status into a "national nuclear waste sacrifice zone.

"Hanford is the most contaminated site in North America and one of the most significant long-term threats facing the Columbia River," Greg deBruler, of Columbia Riverkeeper, wrote in the Fall 2006 issue of Waterkeeper, the group’s quarterly journal. "It’s difficult to comprehend the reality of Hanford’s 150 square miles of highly contaminated groundwater or its 53 million gallons of highly radioactive waste sitting in 45-year-old rotting steel tanks."

Much of that waste includes leftover reprocessed spent uranium fuel, which ate through its casks and poisoned the community’s drinking water.

Moore said, "It’s not as if everyone is dead. The nuclear waste has been contained."

Not exactly a ringing endorsement.

ECONOMICS


"The economics of nuclear power are well proven around the world. It is one of the most cost-effective forms of energy," Moore said.

Just check the record. Of the 103 reactors that were built in the United States, 75 ran a total of $100 billion over budget. India more recently went 300 percent over budget on its 10 reactors. Finland is already 18 months behind and $1 billion over on a reactor.

Given this track record, the Department of Energy’s Energy Information Administration "Annual Energy Outlook 2005" reported that "new plants are not expected to be economical." They’re so risky, in fact, that not a single plant could have been built without the 1957 Price-Anderson act, which moves the liability for a nuke plant off its owners and onto US taxpayers. "If they were really economical, they’d be able to get insurance," Weisman said. The bill was recently renewed.

The nuclear industry forges on unperturbed, claiming that new plants have been streamlined for easier construction. Additionally, the siting and licensing laws for plants have been changed to speed up the process by precluding public input. (Given the industry’s safety record so far, that’s not comforting.) Experts predict it will now take 10 years to build a new nuclear plant. Thirty-four licenses are currently pending at the NRC as utility companies race to secure the $8 billion the federal government set aside for subsidies.

"Imagine how many wind turbines that could buy," said Harvey Wasserman, a longtime anti-nuke activist who recently authored the book Solartopia, which outlines a plan for completely renewable energy by 2030. In fact, renewables are far cheaper. Building the facilities to create one gigawatt of wind power costs about $1.5 billion; about two gigawatts could replace the Diablo Canyon Power Plant.

THE BOTTOM LINE


In the end, it comes down to money, and that’s where nuclear power may be the most vulnerable.

Sam Blakeslee, a Republican Assembly member from San Luis Obispo, introduced a bill last year that calls on the California Energy Commission (CEC) to conduct an in-depth study of the true costs of nuclear power to assess its viability as part of California’s future energy plans. The bill passed unanimously, and Schwarzenegger signed it.

"This will be cradle to grave," said Weisman, of the Alliance for Nuclear Responsibility, which has focused its scrutiny on the industry’s costs.

The group has long been suspicious of PG&E’s financial woes, which came to a head this past March when the California Public Utilities Commission allowed the company to use $16.8 million from ratepayers to fund its in-house study of relicensing its two nuclear plants. "The licenses won’t be up until 2023 and 2025, so why are they looking at relicensing now — and why does it cost $16.8 million when the state’s study is projected to cost $800,000?" Weisman asked.

Assemblymember Mark Leno (D–San Francisco) is introducing a bill this year that will undercut PG&E’s study before the CEC’s analysis is completed, which is expected to occur around November 2008.

"Our very simple idea here is that before any relicensing of our aging nuclear power plants can proceed, the CEC study be completed," Leno said. "Clearly, PG&E is very eager to move forward its relicensing process. They have many years to accomplish that task."

Leno said the stakes are too high and the inherent risks of the toxins already accumulated in seismic zones along the coast need to be carefully weighed against the prospects of generating even more waste. "We should proceed with absolute caution, forethought, and consideration."

NOWHERE TO RUN


Those risks, that caution, are something that never leaves the minds of the people who live in the plants’ fallout zones, areas as vast as a steady breeze or trickling flow of water can make them. That’s really the problem with nuclear power plants. After 50 years there are still too many unknowns. In Moore’s lectures and during interviews and debates, the former Greenpeace activist likes to say more people are killed by car accidents and machetes than by nuclear power plants, but that mocks the magnitude of a meltdown.

A car accident kills at most a few people. A machete attack might kill one person. A nuclear accident has the potential to inflict casualties in the tens of thousands, maybe even millions, and to render entire cities uninhabitable. And while most of the time, most of the plants may be perfectly problem free, it only takes one accident to wreak environmental havoc.

These days opposition to nuclear energy isn’t about mass protests in the streets. "When KQED calls and asks for the sounds of a protest, I say that’s not how it happens," Weisman said while showing a DVD of a Jan. 31 San Luis Obispo County Planning Commission meeting that droned on for more than 12 hours. The meeting ultimately resulted in what he’d hoped for: a continuing delay of PG&E’s permit to site new dry-cask storage tanks for thousands of tons of nuclear waste accumuutf8g at the Diablo Canyon Power Plant. He and Rochelle Becker, the group’s director, sat through the whole thing. "That’s what protesting is now," he said.

Becker, a pert, soft-spoken woman with the aging visage of the youngest grandmother in the room, said correctness is crucial. "Never, ever exaggerate. When they want to talk about safety issues and isotopes, we refer them to someone else because we don’t have that expertise. All we have is our credibility, and if we lose our credibility, we don’t have anything."

THE PLUTONIUM PAYCHECK


Which makes what Moore is doing look like such a travesty.

"Maybe we should hire Hill and Knowlton," joked James Riccio, Greenpeace’s nuclear-policy analyst in Washington, DC, on thinking about gearing up for a new wave of anti-nuke activism.

To Riccio, Wasserman, Weisman, Hirsch, Caldicott, and many others who spoke with the Guardian, Moore is nothing but a dangerous distraction who’s getting the wrong kind of attention. Wasserman disputed Moore’s credentials as a Greenpeace founder in the Burlington Free Press article "The Sham of Patrick Moore."

When questioned by the Guardian, Moore called Wasserman a jerk. Moore said he’s still an activist — and in addition to parroting for the nuclear industry, he runs a sustainability consulting company, Greenspirit Strategies, which advises industries on controversial subjects like genetically modifying organisms, clear-cutting, and fish farming. His clients include hazardous waste, timber, biotech, aquaculture, and chemical companies, in addition to conventional utilities that process nuclear power and natural gas.

Moore insists he’s not hiding anything. "In every interview I do the reporter already knows that I’m cochair of the Clean and Safe Energy Coalition and that I work for the nuclear industry," he told us.

But Moore did not identify himself as such during a lengthy interview with us until we asked. The disclosure was also missing during the long biographical presentation given to the folks in Fresno on Feb. 22, which did include pictures of his Rainbow Warrior days. Again, on May 24, Moore didn’t mention his plutonium paycheck during a radio debate on KZYX. Neither did the moderator, and it was only when Hirsch, his debating partner, got a moment to speak that it was revealed. "Let’s be clear here, Patrick," Hirsch said. "You’re being paid by the industry." *

Joseph Plaster, Andrew Oliver, and Sam Draisin helped research this story.

Little green burners

0

› steve@sfbg.com

GREEN CITY Today’s environmental problems — global warming, peak oil, drastically dwindling biodiversity, an unsustainable economic system that pollutes and consumes too much — are big. And there are many big solutions proposed by big governmental bodies, big individuals, and big corporations.

A major commitment is truly needed, but perhaps it’s the million small innovators and gestures that are most likely to add up to the most fundamental shift. Could these people, linked together, with enough freedom and support to pursue their visions, save the planet?

Burning Man founder Larry Harvey threw a stone into this pond last September when he chose Green Man as the theme for this year’s event, a decision that has rippled through the thousands of creative, capable people who spend much of the year tinkering in workshops around the Bay Area and across the country. People like Jim Mason.

Mason heeded Harvey’s call in his typically exuberant fashion, developing an innovative gasification system that turns biomass waste products into a usable fuel similar to natural gas. Collaborating with fellow artists and engineers in the Shipyard space that he created in Berkeley, Mason has been doing groundbreaking work.

The group converted a 1975 pickup truck owned by impresario Chicken John to run on substances like wood chips and coffee grounds, and Mason and John have been working principally with artists Michael Christian and Dann Davis to develop a fire-spewing, waste-eating, carbon-neutral slug called Mechabolic for Burning Man this year.

"Chicken’s shitty truck is going to be sitting in front of the Silicon Valley’s big alternative-energy conference for venture capitalists," Mason told the Guardian on May 22 as he headed to the Clean Technology 2007 confab, an illustration of the place little innovators are starting to find amid the big.

The New York Times featured Mechabolic in a technology article it ran earlier in May about the Green Man theme, and the project has been a centerpiece of the green evangelizing being done by Burning Man’s new environmental director, Tom Price.

Price has been working with hundreds of innovators like Mason to turn this year’s Burning Man, at least in part, into a green-technology exposition where creative types from around the world can exchange ideas. "It’s the Internet versus the big three networks" was how Price compared the big and small approaches to environmental solutions. "The goal is to show how easy and do-it-yourself profound solutions can be."

But ragtag approaches like Mason’s don’t fit well into institutional assumptions about art and technology, as he discovered May 11 when Berkeley city officials ordered him to shut down the Shipyard or bring it into immediate compliance with various municipal codes.

"They need to temporarily leave while they seek the permits that ensure it’s safe to be there," Berkeley planning director Dan Marks told us May 18. He criticized the Shipyard for using massive steel shipping containers as building material, doing electrical work without permits, and not being responsive to city requests.

The move stopped work on gasification and other projects as the Shipyard crew scrambled to satisfy bureaucratic demands — but it also prompted a letter-writing campaign and offers of outside help and collaboration that convinced Mayor Tom Bates and city council member Darryl Moore to meet with Mason on May 21 and agree to help the Shipyard stay in business.

Berkeley fire chief David Orth and other officials fighting the Shipyard say that Bates has asked for their cooperation. "A request has been made to see what can be done to keep the facility there but bring it into compliance," Orth told us.

All involved say the Shipyard has a long way to go before it’s legal and accepted by the city. Among other things, Mason must prove that the old, recycled oceangoing shipping containers (which enclose the Shipyard and other Bay Area artists’ collectives) are safe. But he and others are hopeful, driven, and convinced that they’re onto something big.

"Places like the Shipyard, which is a cauldron of ideas, don’t fit into the traditional model of how a city should work," Price told us. "The fringes, where the rules are a little fuzzy, is where surprisingly creative things happen." *

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

Too quiet in Oaxaca

0

By John Ross
OAXACA, OAXACA (May 27th) — On the first anniversary of the beginning of last summer’s feverish uprising here, the city’s jewel-box plaza which had been occupied for seven months by striking teachers and their allies in the Oaxaca Peoples’ Popular Assembly (APPO) from May until October when federal police forced them into retreat, shimmered in the intense spring sunbeams. The only massive police presence on view was the city police department’s orchestra tootling strident martial airs to a shirt-sleeved crowd of gaffers. Here and there, handfuls of burley state cops, sweltering in bulletproof vests and helmets in hand, huddled in the shade quaffing aguas frescas (fruit water) and flirting with the senoritas.

Evidence of last summer’s occupation has been obliterated. Surrounding government buildings have been scrubbed clean of revolutionary slogans and no marches were scheduled to commemorate last May 22nd when the teachers first established their camp in the plaza. Indeed, militant members of Section 22 of the National Education Workers Union (SNTE) were not encamped in the stately old square for the first time since the section’s founding 27 years ago. Ulises Ruiz Ortiz (URO), the object of their fury, was still the despotic governor of Oaxaca.

Despite the relaxation of U.S. State Department travel advisories and the apparent calm, few tourists were strolling the cobblestone streets of Oaxaca’s historic center and the cavernous colonial hotels around the plaza were virtually deserted.

The 2006 uprising has put a serious kibosh on the international tourist trade, the backbone of the local economy. If the experience of San Cristobal de las Casas after the 1994 Zapatista uprising is any lesson, the tourist moguls will take years to recoup.

“Apparent calm” is a euphemism oft utilized to describe the uneasy lulls that mark social upheaval in Mexico. True to the nation’s volcanic political metabolism with its fiery spurts of molten fightback and sullen, brooding silences, the Oaxaca struggle seems to have entered into a period of internal contemplation.

Government repression, which featured death squad killings and the jailing of hundreds of activists, slammed the lid down on the social stew but did not extinguish it. Discontent continues to brew and fester, the bad gas building down below. The structures of the Popular Assembly and the teachers union, which served to catalyze this discontent throughout 2006, remain intact.

To be sure, the social movements that lit up red bulbs as far away as Washington last year are not enjoying their best moments. Section 22, which itself is a loose amalgam of left factions, is wracked with division and dissonance, and its titular leader, Enrique Rueda Pacheco, is held in profound contempt for having forced the strikers back into the classroom last October and abandoning the APPO to savage government repression.

Moreover, in response to the 70,000-strong Section 22’s rebellion against the leadership of the National Education Workers Union (SNTE), union czarina Elba Esther Gordillo, a close confidante of President Felipe Calderon, chartered a new Oaxaca local, Section 59, to diminish the control that the militants exert over the state’s classrooms.

The division has put a dent in the teachers’ usual aggressive stance and instead of walking out this past May 15th, National Teachers Day, when new contracts are negotiated, Section 22 tentatively accepted a 4.8 percent base wage increase (above the 3.7 percent Calderon had conceded to other sectors) and 122 million bonus pesos to “re-zone” Oaxaca for cost of living increases in this tourism-driven state.

Although the “maestros” did participate in a two-day boycott of classes in May to protest the Calderon government’s privatization of government workers pension funds, whether the teachers will take part in an indefinite national walk-out June 1st that has been called by dissident education workers organized in the Coordinating Body of Education Workers or CNTE, remains unresolved at press time.

Nonetheless, the teachers’ disaffection with Ulises remains strong and Section 22 spokesperson Zenen Reyes last week (May 23rd) called upon the teachers and the APPO to push for cancellation of the Guelaguetza, an “indigenous” dance festival in July that has become Oaxaca’s premier tourist attraction. Last year, the strikers and the APPO destroyed scenery and denied access to the spectacle, forcing URO to suspend the gala event. In its place, activists reclaimed this millennial tradition of Indian cultural interchange by staging a “popular” Guelaguetza in the part of the city they were occupying, and plans are afoot to repeat that celebration this year.

The Oaxaca Popular Peoples Assembly, which came together after the governor sent a thousand police to drive the maestros out of the plaza last June 14th and which at one time included representatives of the state’s 17 distinct Indian peoples and many of the 400 majority indigenous municipalities plus hundreds of grassroots organizations, is equally fractured. Having borne the brunt of the repression – 26 killed, 30 disappeared, hundreds imprisoned – the Popular Assembly has been reduced to a defensive posture when only months ago it was an aggressive lightning rod for social discontent.

Even more debilitating than the government crackdown has been the prospect of upcoming local elections August 7th to choose 42 members of the Oaxaca legislature and October 5th balloting for 157 non-Indian municipal presidents (majority indigenous municipalities elect their presidents via traditional assemblies.) While the APPO considers that its goals transcend the electoral process and rejects alliance with the political parties, some Popular Assembly leaders engage in a quirky dance with the left-center Party of the Democratic Revolution (PRD) which last July almost catapulted Andres Manuel Lopez Obrador (AMLO) into the presidency.

Prominent APPO mouthpiece Flavio Sosa, jailed by Calderon as his first political prisoner, is a former Oaxaca party leader and the PRD has mobilized to achieve his release.

Perhaps the cruelest blow the APPO and the striking teachers struck against Ulises came during July 2nd 2006 presidential elections. Although URO had promised the long-ruling (77 years – at least in Oaxaca) Institutional Revolutionary Party (PRI) a million votes for his political godfather Roberto Madrazo, the popular movement inflicted the voto del castigo (punishment vote) against the PRI, handing the state to AMLO’s presidential bid in addition to electing both PRD senators and nine out of 11 federal representatives to the new congress for the first time ever.

The left party seemed positioned to bump Ruiz again in 2007 by taking the state legislature and neutralizing the tyrannical governor’s clout. But instead of rewarding the APPO and Section 22 for having dumped the PRI in 2006, the party has responded by excluding activists from its candidate lists.

“If, at one time, there was hope that elections could provide a solution to the conflict, exclusion of the APPO has canceled them,” writes Luis Hernandez Navarro who follows Oaxaca closely for the national daily La Jornada.

One Oaxaca-based PRD insider who preferred not to be named confides that APPO activists were vetoed by the left party’s national leadership least front-page photos of the candidates hurling rocks during last summer’s altercations lend credence to the perpetual allegations of the PRI and Calderon’s right-wing PAN that the PRD is “the part of violence.” Most local candidacies were distributed in accordance with the laws of PRD nepotism and amongst the party’s myriad “tribes.”

The exclusion of the APPO activists so infuriated 50 members of grassroots organizations led by Zapotec Indian spokesperson Aldo Gonzalez that they stormed the PRD’s Oaxaca city headquarters May 18th, leaving its façade a swirl of spray-painted anguish. The failure to select candidates from the popular movement, Gonzalez and others charge, throws the elections to URO, suggesting that the PRD has cut a deal with the APPO’s arch enemy.

Given the hostilities the upcoming elections have sparked so far, the August and October balloting could well signal another “voto del castigo” – this time against the PRD.

The election season was in full swing by mid-Spring in Oaxaca. PRD leader Felix Cruz, who had just coordinated Lopez Obrador’s third tour of the Mixteca mountains (AMLO was conspicuously absent during last summer’s struggle), was gunned down in Ejutla de Crespo on May 21st. Juan Antonio Robles, a direction of the Unified Triqui Liberation Movement (MULT), a participating organization in the APPO, met a similar fate the next day. That same week, a car carrying a local candidate for Elba Esther Gordillo’s New Alliance Party was riddled with gunfire along the coast. Drug gang killings have also jacked up the homicide rate in the state – under Ulises’ governance, drugs and drug gangs have flourished.

Meanwhile, in classic “cacique” (political boss) style, the PRI governor is out and about dishing up the pork to buy votes, passing out cardboard roofing and kilos of beans, building roads to nowhere and bridges where there are no rivers to cross, to pump up his electoral clientele. Gifting opposition leaders with pick-up trucks to enlist their allegiances is a favorite URO gambit, notes Navarro Hernandez.

Despite the ambitions of some of its members, the APPO is not enthusiastic about participating in the electoral process. At a statewide congress in February, APPO members were allowed to run for public office as individuals and only if they resign from any organizational function.

Miguel Cruz, an APPO activist and member of the directive of the CIPO-RFM or Popular Indigenous Council of Oaxaca – Ricardo Flores Magon (Flores Magon was a Oaxaca-born anarchist leader during the Mexican revolution) is not a partisan of the electoral process. Seated in the CIPO’s open-air kitchen out in Santa Lucia del Camino, a rural suburb of Oaxaca city where police gunned down U.S. journalist Brad Will last October, Miguel explains his disdain for how the elections have split the APPO “when they were supposed to bring us together.

“Everyone is working on their own agendas now and the so-called leaders are all looking for a ‘hueso” (literally ‘bone’ – political appointment.) This is a crying shame. The APPO is a mass movement, not a political party. Our consciences are not for sale.”

June 14th, the day last year Ulises sent a thousand heavily armed police to unsuccessfully take the plaza back from the striking teachers, is a crucial date. The APPO and Section 22 are planning one of their famous mega-marches which last summer sometimes turned out hundreds of thousands of citizens. Will June 14th signal a resurgence of massive resistance and if it does, will the popular leadership be able to restrain hotter heads and government provocateurs that last November gave the federal police the pretext to beat and round up hundreds? Miguel Cruz is hopeful the APPO will persevere. “Whatever the ‘leaders’ do and say, the APPO lives down at the bases.”

Up the steep, windy hill in San Pablo Etla, where the cognoscenti live above the hurly-burly on the streets of Oaxaca, political guru Gustavo Esteva views the popular struggle down below geologically. “The popular movement in Oaxaca is like an active volcano” he writes in La Jornada, “last year when it erupted, the movement left its mark in the form of molten lava trails. Now the lava has cooled and formed a cap of porous rock that marks the point through which the internal pressure will find its way to break through to the surface again.”

John Ross is in Mexico City hot on the trail of Brad Will’s killers and re-immersing himself in the real world. Write him at johnross@igc.org if you have further information.