Public Health

Peskin declares emergency, calls special election

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By Sarah Phelan

With the next regularly-scheduled election not until November 2009 — that’s nearly halfway through the fiscal year and too late to address the City’s staggering $575.6 million projected deficit, which threatens to kill or maim just about every program and service that local citizens hold dear–termed-out Board President Aaron Peskin used his last day on the Board of Supervisors to call for a June 2 municipal election “for the purpose of submitting revenue and fiscal measures to the voters.”

But, as Peskin’s resolution notes, to conduct an election on such short notice, the City must modify certain election procedures and deadlines. And such modifications are permissible if the Board finds an emergency

“The Board of Supervisors therefore finds that an emergency exists,” Peskin’s resolution states.

“This emergency ordinance will ensure that the City is able to submit and the voters are able to consider revenue measures designed to avoid the impending deficit threatening the public health, safety and welfare.”

Suggested measures include

**A possible increase in sales tax “and a possible dedication of the proceeds of the tax increase to emergency health and human services and to public protection.”
**A possible increase in the payroll tax
**A possible new residential utilities users tax
**A possible increase in the commercial utilities users tax
**A possible new parcel tax
**A possible new gross receipts tax on residential rental income
**A possible new gross receipts tax on commercial rental income
**A possible new gross receipts tax on all commercial transactions
**A possible new surcharge on the parking tax
**A possible amendment to the City charter to allow the City to appropriate up to 100 percent of the current balance in the Rainy Day Reserve, not to exceed 20 percent of the projected deficit in years in which budgetary deficit of $250 million or more is projected

A possible new charter amendment that would cap all set-asides at their Fiscal Year 2008-2009 level, allow the City to reduce its contributions during budgetary shortfalls, and provide that year-end surpluses be returned to the General Fund.

Peskin is proposing to modify the election code so the Board can consider such measures fewer than 30 days after receiving drafts and legislative digests, if both are delivered to the Clerk of the Board at least 72 hours prior to committee hearings and made available to the public at that time.

Wow. Sounds like the incoming Board is going to be pretty darn busy.

On a related note, Sup. Sean Elsbernd introduced a charter amendment for the November 3, 2009 election, requiring that “one-time revenues be spent only for one-time uses, unless otherwise authorized by the Board.” In other words, not on salaries. Stay tuned.

Budget funeral

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› amanda@sfbg.com

Hundreds of people gathered for a funeral among makeshift gravestones buried in the lawn of City Hall on Dec. 11. The tombstones marked some of the essential public health and community services laid to rest by mid-year budget cuts: health care for jail inmates, day services for the homeless, the SRO Collaborative, and the Laguna Honda adult day care center.

Collectively they amount to a $36 million thinning of an already stretched social safety net that is designed to catch the most vulnerable populations in San Francisco. Of the city’s $118 million projected deficit, about 30 percent will be recovered from the Department of Public Health, with cuts to care and counseling for the mentally ill, services for the elderly, and closing some medical respite housing. All these services — and more — have been suggested by the DPH in response to Mayor Gavin Newsom’s request for deep budget cuts.

But advocates and front-line workers say these cuts will only create a greater cost to the city over time, as people with acute illnesses and mental health and substance abuse problems lose their primary care and end up in the emergency room, potentially in worse condition, receiving more costly care.

"The cuts in services are going to cost," Marykate Connor, director of Caduceus Outreach Services, said at the rally. Cuts to nonprofit organizations that handle much of the city’s drop-in health services mean more ill people will end up at SF General.

But the city’s premier — and only — public hospital is already crunched. "It’s sort of crazy right now. Six to eight months from now if these cuts go through, it will get a lot crazier," said Ed Kinchley, an emergency room social worker.

In a memo to the Health Commission, DPH director Mitch Katz pointed to a higher-than-budgeted census at SF General, which provided a short-term boost in revenue but also stretched resources at the busy hospital and exacerbated its budget situation.

Kinchley, who’s been at General for 24 years (12 of them as a social worker), said part of his job is getting substance abusers and people with mental health out of the ER and into care programs. "It’s already hard for me to get someone in detox in a day," he said.

On a typical Friday afternoon, he’s successful with one in five people. Unfortunately, when someone comes in asking for detox is the time when it can do the most good, if it’s available. "It’s really crucial in that situation to seize the time," Kinchley said. Though they try to keep in touch with clients and get them in as beds become available, there’s high attrition on the waiting list. "They don’t have a hell of a lot of choices except to start drinking again that day."

Martha Hawthorne has spent 23 years as a public health nurse for DPH, working out of the Castro Mission clinic. She does targeted case management for high-risk mothers and their newborn babies — essentially making sure they’re connected with other health care workers who specialize in chronic problems such as diabetes, hypertension, and substance abuse. "I’m one of the people that sees the system from the patient’s point of view," she said.

She’s also able to illuminate how certain cuts can have spillover effects on a newborn baby. "There are five to six specialized, highly skilled RNs being eliminated. One is an expert in diabetes care for pregnant women," Hawthorne explained. If that nurse is cut, "the clinic will still exist, the patient will have five to 10 minutes with the doctor and receive instructions, but there will be very few people to teach her how to use insulin, to follow the instructions, to change her diet…. A woman without this care can have very sick babies. This is one little, little example of a staff cutback that has a direct effect on care."

Furthermore, the way the cuts are being exacted carves deeper into the social safety net than ever before. For example, Progress Foundation contracts with the city to do acute diversion and transitional housing and services for mentally ill people coming out of General’s emergency room. Its annual budget is roughly $14.8 million, mostly funded by Medi-Cal with matching state monies. A smaller amount of city money fills the gaps.

DPH has asked Progress, as well as many other nonprofit providers, for a 5 percent cut — but the cut is based on the entire foundation’s funding, not just what the city gives them. Executive director Steve Fields said that means closing two out of three acute diversion programs or four out of six transitional residential treatment programs.

"It ends up closing about $3 million in programs to save $700,000 [of city money] over the next 12 months," Fields said. "I’m sympathetic to the problem, but it just doesn’t make sense to give up that much [state and federal] money." He pointed out this represents 40 to 50 transitional beds or 20 acute diversion beds in facilities that have been licensed, permitted, received neighborhood approval, and have been functioning at 90 to 95 percent capacity. "Once you lose these beds, you don’t get them back."

And, he said, the real effects are felt on their clients. "However you look at it, the need will be there. They don’t leave town. We end up seeing them somewhere. They’re going to be in a hospital bed or they’re going to be in jail or they’re going to be in a longer-term skilled nursing facility" — all more expensive solutions to a chronic problem. "We may be making decisions that we may regret down the road because we’ve had to react so immediately to the crisis," Fields said.

"This is happening at a time when there’s all this increased need," said Jennifer Friedenbach, executive director of the Coalition on Homelessness.

The numbers for families, provided by Compass Community Services, are grim: between 2007 and 2008, the number of families seeking shelter jumped from 75 to 148. At the same time, the city has reduced family shelter beds by 20 percent, and the waiting list is now more than four months long — meaning families are waiting for shelter longer than they can actually stay in it.

"It’s a really brutal time to cut health and human services," said Friedenbach, whose group is advocating for an alternative list of cuts that incorporate some of the suggestions posed by SEIU and the Coalition to Save Public Health. They call for capping city salaries at $150,000 and letting go of all management staff brought in since a 2007 hiring freeze.

Hawthorne pointed out that while these cuts hit the neediest hardest, public health for everyone will suffer, pointing out that the city will be less prepared for a large-scale emergency or epidemic.

"SF General is a trauma center, and anybody who needs top-level trauma care is going to end up there. If it’s crowded with people who don’t need that level of trauma care, their response will be slower," said Hawthorne, adding that all emergency rooms in public and private hospitals are ultimately affected by cuts to clinics and nonprofit services.

"On a hopeful note, there’s huge potential as people realize the depth of these cuts," Hawthorne said. "The public needs to demand the human right to health care."

Editor’s Notes

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› tredmond@sfbg.com

San Francisco’s not ready to make $118 million in budget cuts.

I realize the city can’t operate at a deficit, and if payment due exceeds accounts received, something has to be done. But it can wait a few weeks. In fact, the final decisions ought to wait for the new Board of Supervisors to take office in January. The city won’t go broke in the meantime.

But Mayor Gavin Newsom is rushing his cuts through, demanding 400 layoffs and taking a hatchet to the Department of Public Health. There are all sorts of alternatives — our editorial in this issue looks at how the city can bring in more revenue. There’s also a lot more sanity needed as the board and the mayor look at what could be devastating reductions in essential public services.

For example: I like the 311 program. It’s convenient. But I’d rather wait longer for my non-emergency call to be answered than to have public health workers lose their jobs. And the 311 budget hasn’t been touched.

Police and fire are, of course, essential — but it’s insane to give the cops and firefighters, who are among the best-paid city workers, a 7.5 percent pay hike this year while social service workers are getting laid off.

It’s lovely to have more fire stations per square mile than any other big city in California, but there are nowhere near as many fires as there were when the system was designed, and closing some down would save millions.

How come the mayor still has seven people in his press office, most of whom are paid to keep the press from finding out what’s going on?

Why are we talking about cutting the $800,000 Small Business Assistance Center, which actually helps the most important sector of the economy, when there’s $10 million, much of it redundant, in the mayor’s Office of Economic Development?

Why is Dean Macris, the former city planning director, still hanging around and getting paid?

Wouldn’t an across-the-board wage freeze be better than layoffs? What about capping the pay for city employees at $150,000 a year? What about capping police overtime?

What about having all these discussions in public, before the mayor sends out pink slips?

Or would that just make too much sense?

Sharing the pain

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› sarah@sfbg.com

When Mayor Gavin Newsom walked across City Hall to the Board of Supervisors Chambers last week to announce that the city is facing a $576 million budget deficit, it looked as if he was putting political differences aside and genuinely inviting the board to "share the challenge" of bridging the 2008-09 budget chasm.

For years, voters and supervisors have urged Newsom to appear before the board for monthly policy discussions. And for as many years, Newsom has refused, claiming such invites were "political theater." Now that he’s finally made the trek, critics say the context makes the gesture more theatrical than substantive.

Within minutes of Newsom’s unannounced Dec. 9 visit to the board, City Hall insiders began to fear that the Newsom was only pretending to walk the unity talk: details of his $118 million in proposed mid-year solutions were not made available before the appearance, giving the two sides little to discuss and raising questions of due process.

"If the mayor was interested in real collaboration with the board, he would introduce his mid-year proposal to the board for our deliberation, just like the annual budget," Sup. Chris Daly told the Guardian. "But after we asked in three different ways, we found that he will be making over $70 million in cuts unilaterally — without the board’s approval. Now we have to figure out how to get the public a seat at the budget table."

Unlike during the normal budget process, the mayor has tremendous power to make cuts mid-year. But with details slow to emerge, the legislators weren’t the only ones left in the dark about the proposal, which includes slashing the Department of Public Health’s budget by 25 percent, cuts that DPH director Mitch Katz told the supervisors is going to require fundamentally changing how government runs.

Several City Hall workers told the Guardian how, in the days after Newsom made his budget deficit announcement, Controller Ben Rosenfield was seen running from department to department, trying to track down the program-level details.

Supervisor-elect John Avalos, who has a deep understanding of the budgetary process from his years as a legislative aide to former Budget Committee chair Daly, confirmed that the mayor’s $118 Million proposal "doesn’t tell you much."

"There is $47 million in increased revenue that has come in that offsets the shortfall, and there’s a higher-than-expected census at San Francisco General Hospital that allows us to recoup some money. But although there are all kinds of service/non-service cuts in Newsom’s proposal, we have no details to work with," Avalos told the Guardian.

Two days after his board appearance, Newsom penned an op-ed for the San Francisco Chronicle in which he again appeared to be holding out his hand to the board. But Avalos, a candidate for president of the board, observed that Newsom continues to protect his own pet projects, which include the 311 Call Center, the Community Justice Center, and the Small Business Assistance Center.

"The pain needs to be shared and minimized all round," Avalos warned. "The mayor needs to come forward and help us, not simply cut all the programs that the Republicans want to see cut. There is this huge backlash from folks saying, ‘Why do we spend $1 billion on our public health system? Maybe we don’t need public health.’ But our services are there for a reason."

Avalos said he worries that if we cut all these programs now, it will be very hard to get them back down the line. "When revenue is back, the focus will be on things that are important, but not on services that help the most vulnerable folks," Avalos predicted.

Within three days of Newsom’s appearance before the board, Peskin had figured out a mechanism whereby the public could weigh in on Newsom’s cuts: he introduced legislation that combines the mayor’s $118.5 million proposal with an alternative $8.5 million in cuts that Peskin has proposed.

"So, now there’s a de facto collaboration," Peskin told the Guardian. Peskin’s package of alternative cuts — which has since been pared back to $5.5 million because duplication with the mayor’s list was found — includes budget reductions in the Mayor’s Office of Economic and Workforce Development, Emergency Management Department, Fire Department, Police Department, Mayor’s Office of Criminal Justice, the 311 call center, and city grants to the opera, ballet, and symphony. Peskin is also proposed wage freezes that could save another $35 million.

Peskin’s counter-move allows the public to weigh in on the combined proposals. It requires department heads to publicly defend cuts to programs, services, and personnel — cuts that were developed, per Newsom’s request, behind closed doors. Or as Daly put it: "The mayor’s and the board’s proposals need to be deliberated not through a staff member to the mayor, but in full view of the public."

The board also wants to publicly discuss the layoffs, which Newsom said would total 399, a number that rose to 409 when the list was actually released. Peskin’s legislation also provides an avenue for fired workers or their representatives to publicly air discontent. A list of eliminated positions obtained by the Guardian shortly before press time shows that most of the positions were service providers making less than $70,000. Although union officials have complained that the ranks of highly paid managers has grown sharply since Newsom became mayor (visit sfbg.com for the complete list and more analysis).

SEIU’s Robert Haaland estimates that 75 percent of layoffs targeted line workers in service jobs. "As far as we can tell, the pain is all at the bottom," Haaland told the Guardian.

And while Haaland didn’t openly support Peskin’s counter-proposal — a citywide sliding scale of pay cuts in which the highest earners take a bigger hit and an across-the-board union wage freeze — he acknowledged that at least the proposal targets the powerful Police Officers Association and the Municipal Executives Association, and not just SEIU workers.

Haaland claims that under Newsom’s behind-closed-doors method, "the institutional bias of department heads tends to come into play" in making layoff decisions.

"It’s human nature. No one talks about it, and I don’t know that there’s a grand conspiracy," Haaland said, expressing his belief that it’s easier for managers to cut people they don’t work with than those around them or people at the top. "They also tend to target the union activists, the members who are a pain in the butt, and who they don’t like."

Newsom told the Chronicle in a Dec. 15 article that "labor is going to be a principal part of the solution." Tim Paulson, executive director of the San Francisco Labor Council, told the Guardian that "the SFLC is listening to its affiliates to see if there are any collective strategies." But Haaland observed that the city is "contractually obligated to the unions," which may further complicate ongoing negotiations.

With Sup. Bevan Dufty advocating to restore more than $500,000 in HIV/AIDS funding cuts and Sup. Sophie Maxwell is trying to avoid cuts at the Small Business Center, newly sworn-in Sup. David Campos stressed the need for a meaningful vetting process.

"It’s important for us to have a process that sheds light on the human impacts of the proposed cuts so we have a better sense of what it means to citizens of San Francisco," Campos said at a Dec. 12 board committee hearing.

Campos also made it clear that he is not afraid to target the arts, arguing that deep-pocketed patrons can help ease their pain, even as advocates countered that attacking entertainment will further deplete the city’s coffers by potentially hurting tourism. "As much as we appreciate the need to support the arts, we’re going to have to look at other avenues some of those folks can turn to, to get the funding that is needed," Campos warned. "People who have the greatest needs don’t have those options. "

With repeated rounds of painful cuts predicted in the next six months, Peskin told a Dec. 12 Government Audits and Oversight Committee hearing that it’s critical for the board to express its priorities. "These include keeping Rec and Park facilities open, providing basic mental health services, and preserving public sector jobs," Peskin said. "It’s also important that everyone share the pain, but not necessary that everyone share the pain equally."

Outside the meeting, laid-off worker Allanda Turner described her pain and the devastation she feels at being let go in the midst of a recession. "I’m a parent. I just purchased a home. I’m feeling almost no hope at all," said Turner, who fears she will be applying for the medical services, unemployment, and food stamps that she refers clients to as part of her job with the city’s Human Services Agency.

"The mayor always says he advocates for the poor, but we are the most underpaid," she said. Meanwhile, while her colleagues claim that their department "gave Newsom what he wanted" by adding layoffs to an original list of cuts that included fewer jobs.

"These are unit clerks, employment specialists, eligibility workers, and line workers," said Sin Yee Poon, a DHS contract manager. "Eight of them are child-protection workers."

There will be one last meeting of the current Board of Supervisors in January, and both incoming and outgoing members are already specuutf8g that unless Peskin’s legislation passes with a veto-proof majority, the mayor will veto it and this period of symbolic unity will come to an abrupt end.

"We have the capacity, the ingenuity, and the spirit to solve this," Newsom told the board. "It’s going to take all of us working together. It’s in that spirit that I am here. The mid-year solution — difficult and painful as it is — it’s the easy part. The difficult part comes in the next four months."

But as legislators explore the possibility of adding to their budget tools in the future through charter amendments and special elections, one aide stressed the importance of taking an active role now.

"It’s important for the board to set the stage now for the budget discussions in the spring."

7.5 better ways to balance the budget

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OPINION In Mayor Gavin Newsom’s seven-and-a-half-hour YouTube series on the state of our city, he spends barely 30 seconds addressing the budget deficit.

Newsom’s mid-year budget cut plan is completely out of touch with the fundamental priorities of our city. At a time when residents are feeling the impact of the recession in their daily lives, the mayor’s plan guts our public health safety net by slashing programs that serve seniors on fixed incomes and by reducing frontline healthcare workers.

What’s more, the mayor’s mid year cuts leave untouched his bloated senior staff and protects management-heavy departments around City Hall.

So, in response to the effort to balance the budget by slashing tens of millions in health services for the city’s neediest, a coalition of health workers, health providers, and patients are putting forward alternative ways to address the city’s budget problem that are worth our time and thought.

Among the ideas offered by the Coalition to Save Public Health are the following:

1. Start at the top, not at the bottom. Since the mayor first took office, the number of highly paid managers has skyrocketed while the number of employees providing basic city services has stagnated. It’s time to tighten our belt at the management level and eliminate all but the most essential positions that pay more than $100,000 per year.

2. Practice what you preach. In November 2007, the mayor announced a non-essential hiring freeze to deal with the budget crunch. Newsom then promptly spent hundreds of thousands of dollars hiring new senior staff including highly paid and duplicative special assistants for climate control initiatives, "neighborhood empowerment," and a new greening czar. All new staff hired since November 2007 who are paid more than $100,000 should be cut.

3. Cut duplicative programs. The city spends more than $10 million per year on small business outreach and economic development. The Mayor’s Small Business Assistance Center duplicates those services and costs nearly $800,000 every year.

4. Listen to the voters — cut the Community Justice Court. Proposition L was rejected by more than 57 percent of the San Francisco electorate. It’s time to listen to the voters and preserve revenue by cutting current-year funding for the CJC.

5. Save on spin, spend on substance. A recent controller’s report found that the city spent more than $10 million in salaries for public relations and public information staff, including funding for seven people in the Mayor’s Office of Communications last year. The mayor should cut all unnecessary PR staff and reduce his spin operation to two people.

6. Cut the fat, not the bone. Both police and fire unions are due for 7 percent pay increases. As the city cuts salaries or lays off staff across the board, the mayor should work with the board to reopen fire and police contracts.

7. Eliminate unnecessary drivers. For years, the Fire Department’s battalion chiefs have relied on "chief’s aides" to chauffer them around the city. The estimated cost for these positions is more than $2 million.

7.5 Cut in half the city’s contribution to the opera and symphony. In the current year, the city is contributing close to $4 million in General Fund revenue to the operation of the opera, symphony, and ballet. We can’t afford to subsidize organizations with enormous endowments while we slash services for people in need.

Aaron Peskin is president of the Board of Supervisors.

Tap dreams

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› amanda@sfbg.com

On Dec. 2 two water conferences were held in San Francisco, attended by very different groups of people.

Downtown, in a room deep within the Hyatt Regency hotel, executives from PepsiCo, Dean Foods, GE, ConAgra, and other major companies gathered for the Corporate Water Footprinting Conference. The agenda that the conference made public included a presentation by Nestlé on assessing water-related risks in communities, Coca-Cola’s aggressive environmental water-neutrality goal, and MillerCoors plan to use less water to make more beer.

But what these giant corporations, which are seeking to control more and more of the world’s water, really discussed the public will never know. Only four media representatives were permitted to attend — all from obscure trade journals not trafficked by the typical reader — and both the Guardian and the San Francisco Chronicle were denied media passes.

The event was sponsored by IBM, and tickets were $1,500 — out of reach for many citizens and environmentalists who might have liked to attend.

And why might people take such a keen interest in the kind of corporate conference that probably occurs routinely in cities throughout the world?

Because there’s almost universal agreement that the world is in a water crisis — and that big businesses see a huge opportunity in the privatization of water.

Only one half of 1 percent of all the water in the world is freshwater. Of that, about half is already polluted. Although water is a $425 billion industry worldwide — ranking just behind electricity and oil — one in six people still don’t have access to a clean, safe glass of it. If the pace of use and abuse remains, the 1.2 billion people living in water-stressed areas will balloon to more than 3 billion by 2030.

That includes California. On June 4, Gov. Arnold Schwarzenegger declared a statewide drought after two lackluster seasons of Sierra snowfall. Scientists are predicting the same this winter. You can see how the state is mishandling the issue by looking at some recent legislation. Schwarzenegger and Sen. Dianne Feinstein have proposed a $9.3 billion bond to build more dams, canals, and infrastructure. At the same time, the governor vetoed a bill that would have required bottled water companies to report how much water they’re actually drawing out of the ground.

In that context, while the big privatizers were hobnobbing at the Hyatt, activists were attending a very different event, the "Anti-Corporate Water Conference," held at the Mission Cultural Center. It was free and open to the public and the media. More than 100 people gathered to hear a cadre of international organizations share information on how to keep this basic human right — water — in the hands of people.

Speakers included Wenonah Hauter, director of Washington, DC-based Food and Water Watch; Amit Srivastava of Global Resistance, a group that works to expose international injustices by Coca-Cola; Mark Franco, head of the Winnemem Wintu Tribe, which lives among water bottling plants near Mount Shasta; and Mateo Nube, a native of La Paz, Bolivia, and the director of Movement Generation Justice and Ecology Project.

Nube spoke about water as a commons, requiring stewardship, justice, and democracy. "We’re literally running out of water. Unless we change the way we manage, distribute, and consume water, we’re going to have a real crisis on our hands," he said. Nube’s remarks tied together the tensions of control and revolt, democracy and privatization, ecological balance and human need — all enormous issues, all related to water and water scarcity, which the Worldwatch Institute has called "the most under-appreciated global environmental challenge of our time."

BASIC NEED, INFINITE MARKET


Water is a basic human need, perhaps even more important than clean air, food, and shelter. People will never strike against water and stop drinking.

And that means, from a capitalistic point of view, it’s a perfect, nearly infinite market. "As water analysts note, water is hot not only because of the growing need for clean water but because demand is never affected by inflation, recession, interest rates or changing tastes," wrote Maude Barlow in her 2007 book Blue Covenant.

If scarcity drives price, anyone with a stake in the water industry stands to gain from an increasingly water-stressed world. As Barlow also reported, "In 1990, about 51 million people got their water from private companies, according to water analysts. That figure is now more than 300 million." By controlling the resource and choosing when and if they engage with the public it allows some of the biggest water abusers to set the terms of a critical ongoing debate.

The fact that humans need water raises important questions: should water be classified as a basic human right available to everyone? Is water part of the commons? If so, should corporations be allowed to control the taps or bottle it, mark up the price, and sell it for profit?

Not much polling has been done on people’s opinions of water, but during 35 informal on-the-street interviews conducted by the Guardian, 31 people said it is a basic human right. The other four said it was subject to the laws of supply and demand.

This week marks the 60th anniversary of the United Nations Universal Declaration on Human Rights, and Barlow, who has been appointed special advisor on water to the UN, will be addressing the General Assembly on the fact that water is still missing from the original 30 Articles.

"The reason that water was not included in the original 30 Articles in the Universal Declaration of Human Rights is that no one at that time could conceive there would be a problem with water," Barlow told the Guardian. "It’s only in the last 10 years that the concept of water as a human right has come to the fore."

The problem has its roots in the inherent conflict between conservation and profit. Saving water is relatively cheap, but there’s no money to be made by eliminating waste. Developing expensive new water sources, though, is a potential private gold mine.

As Barlow points out in her book, technology is becoming an integrated part of the solution to the water crisis. Desalination plants, water recycling facilities, and nanotechnology are all being thrown at the problem — in some cases before a full assessment of use and abuse has occurred.

While technological solutions may be warranted in some places, Barlow worries that relying on them bypasses any true attempts at efficiency and conservation. "I’m not going to say there’s no place for water cleanup," she told the Guardian. "What I’m concerned about is we’re going to put all the eggs in the cleanup basket and not nearly enough in the conservation and source protection basket. What I’m concerned about is the idea that technology will fix it. Meanwhile, don’t stop polluting, don’t stop the over-extraction, allow the commercial abuse of water, allow the agricultural abuse of water because what the heck, there’s tons of money to be made cleaning it up. I think that’s the wrong way of coming at it."

The technological fix is one way the state’s water crisis may slowly seep into private sector control, and a couple of examples show what can happen when private companies don’t play nice with the public, how citizens constantly battle with state agencies to enforce regulations, and how the public process could and should be honored.

GET THE SALT OUT


In theory, California has plenty of water — its 700 miles of coastline border the giant reservoir known as the Pacific Ocean. But humans can’t drink salt water — and some companies see a nice industrial niche in that dilemma. Build a plant that takes out the salt, and suddenly there’s plenty for all.

Several small desalination facilities already exist throughout the state, mostly cleaning water reservoirs brined by agriculture. But another 30 desalination plants have been proposed for the coast as a way to deal with future water shortages.

One is in Carlsbad, near San Diego, where Poseidon Resources is constructing the only large-scale desalination plant that the state has permitted to date. It’s a 10-year-old project that, so far, doesn’t even have a pipe in the ground.

Despite Poseidon’s ability to grease the wheels with local officials, the facility is controversial. It sits next to a fossil-fuel burning peaker power plant, and will be desalinating the power plant’s discharge water, thus shielding its negative environmental impacts by claiming its the power plant that’s sucking up seawater and damaging marine life — the desalination plant is just making use of the wasted water.

That argument doesn’t sit well with Joe Geever of the Surfrider Foundation, who pointed out that part of the power plant is scheduled for a retrofit to air-cooling, and talk is of a potential state ban on using water for this type of cooling system. There are other more environmentally benign seawater extractions, he said, like drilling and capturing subsurface sources, that the desalination plant could have used.

Mostly, he contends, the plant subverts conservation. "Per capita consumption of water in San Diego is much higher than other places," he said. "In southern California we waste an enormous amount of water on growing grass. There’s a lot to be saved."

Poseidon, a private company, is footing the bill for the plant’s construction, but the financing scheme is predicated on a future increase in the cost of water. As Poseidon’s Scott Maloni explained to the Guardian, the contract with the San Diego Water Authority states that the cost of desalinated water can never be more than the cost of imported water. It can, however, walk in lock-step with it — and by all accounts the price to pipe water to sunny southern California is going to increase. Maloni said his company was taking an initial loss but would start paying itself back as imported water costs increase. Eventually rates will be set halfway between the real cost of desalinated water and the higher cost of imported water.

What kinds of guarantees are there that this will happen? Nobody knows. "They’ll say anything, but when it comes to showing you a contract, we’ve never seen anything," said Adam Scow of Food and Water Watch. "There’s a lack of regulation with a private company controlling the water."

The plant now has no less than three lawsuits hanging over it, all filed with state agencies in charge of permitting and oversight — the Coastal Commission, the State Lands Commission, and the San Diego Regional Water Quality Control Board. All basically contend that the state didn’t do enough to require Poseidon to implement the most environmentally sound technology that’s least harmful to marine organisms, as required by state law.

Geever stresses that desalination is an energy-intensive way to get water. "Every gallon of water you conserve is energy conserved," he said. "Not only could San Diego do more conservation, but they don’t recycle any wastewater to potable water standards. That’s much less energy intensive."

Poseidon counters by saying that it invested $60 million in energy efficiency measures for the plant and will be installing solar panels on the roof. Perhaps most telling is that the company sees itself as vending reliability. "It’s not the current cost of water the San Diego Water Authority is concerned about, but the future cost for an acre-foot," Maloni said. "There’s a dollar figure you can put on reliability. Public agencies are willing to pay us a little more for that."

Which gets back to a comment Barlow made about capitalizing on crisis. "We are frightened half to death and everyone who looks at it, right-wing or left-wing, sees that. … They use the crisis to say we have no alternative except to go into massive desalination plants."

And, as Peter Gleick, president of the Pacific Institute pointed out, San Diego wasn’t calling for proposals to bring it more water. "Poseidon wanted to build a desalination plant and it came to San Diego. That’s one way to do it. The other way is for a municipality to say we want a desalination plant, we’re opening it up to bids, let’s have a competition. That didn’t happen, and instead we have one contractor."

Geever added, "Poseidon has been really successful at lobbying politicians and convincing regulators to give them permits."

Which points to one of the chronic ills of managing water systems, particularly in California where water has always been political. "In the 20th century decisions about water were made by white males in back rooms," said Gleick. "It solved a lot of problems, but it led to a lot of environmental problems. The days when water decisions made in back rooms should be over. And they aren’t over, and that’s part of the problem."

DELTA BLUES


Nowhere is that more obvious than the delta, where the state’s two most prominent rivers — the Sacramento and the San Joaquin — meet the Pacific Ocean just north of San Francisco. It’s ground zero for one of the most charged political fights in the state.

Two-thirds of California’s water comes from the delta. About 80 percent of it goes to cropland, watering about half of the state’s $35 billion agricultural industry, much of it through historic water rights that have been granted to a small lobby of powerful growers who sell their surplus rights for profit. Another 18 percent goes to urban water needs, and — in spite of the fact that this is the largest estuary on the west coast of North and South America — only 2 percent of the water remains for natural environmental flows.

Delta issues are legion and begin at the headwaters of the Sacramento River, near Mount Shasta, a land Mark Franco describes as an Eden. "The deer, salmon, and acorns that we eat — everything that we need is there," Franco told the Guardian. "It’s such a beautiful place. Now they’re drying it, that Eden."

Franco is head of the Winnemem Wintu, or "little water people" tribe, and is fighting the first phase of water diversions from the Sacramento River, 200 miles north of the capitol where companies like Coca-Cola, Crystal Geyser, and now, potentially, Nestlé, pump millions of gallons a year into small plastic bottles and ship it around the country to sell in groceries and convenience stores.

"Here in the US, people have become soft. They’ve become so used to just having things directly handed to them that they no longer understand where their water comes from," he said at the anti-corporate water conference. "Realize this: those springs on Mount Shasta are not an infinite supply of water."

After the Sacramento feeds the bottled-water companies, what remains wends its way south, with more diverted directly to farmers and into the State Water Project, which pipes it to drier southern regions. What’s left empties into the delta.

A lack of fresh water, flagging environmental preservation, increasing agricultural needs, and leveed island communities that are seismically unsafe and sinking, all mean the delta is failing as an ecosystem, and has been for some time. Chinook salmon and delta smelt populations are collapsing to such an extent that court orders have halted a percentage of water diversions and salmon fisherman were forced to dock their boats this year. Levees are crumbling, causing islands to flood and raising ire among landowners. Farmers with historic water rights are fiercely protective of them, while environmentalists are lobbying them to use more conservation and efficiency.

Nearly all stakeholders agree that the status quo won’t hold.

The challenge is finding a solution. Ending exports seems impossible, limiting them means massive investments in other resources. No one agrees on what will really save the endangered salmon and smelt or improve conditions for the 700 other native plants and animals.

In 2006, the governor convened a seven-member Delta Vision Blue Ribbon Task Force, which released a strategic plan in October calling for balancing co-equal goals of ecological restoration and water reliability.

The plan also specifically recommended a dual conveyance system similar to what was proposed in a study by the Public Policy Institute of California. It combines some through-delta pumping with a peripheral canal around the delta. PPIC crunched the numbers and determined that the canal was economically better than any of the four options they had weighed.

The peripheral canal idea isn’t new, but it’s been controversial since it was first proposed almost three decades ago. The plan was ushered by then-Gov. Jerry Brown, but defeated by voters in 1982 after a major organizing effort by environmentalists. (Whether voters will cast ballots on it this time remains to be seen, though the Attorney General’s Office, now headed by Brown, has counseled the Department of Water Resources, which is charged with implementing whatever plan is decided upon, that a vote of the people isn’t required.)

Shortly after its release in July, the PPIC report was criticized by five elected Congressional Democrats — Reps. George Miller, Ellen Tauscher, Doris Matsui, Mike Thompson, and Jerry McNerney. "The PPIC report should not be used to ignore the many things that can be done today to restore Delta health, including providing necessary fish flows, undertaking critical ecosystem restoration projects, and making major investments in water recycling and improved conservation measures," Miller said.

Numbers used by the PPIC report have also been criticized by Jeffrey Michael, a business professor at the University of the Pacific in Stockton. In an analysis of PPIC’s work, Michael said the group had used inflated population figures, as well as high costs for desalinated and recycled water, therefore resulting in a report that made it look like it was too expensive to end delta exports altogether and replace them with other water sources.

The PPIC said the state’s population would be 65 million by 2050, that desalinated water costs $2,072 per acre-foot, and recycled water goes for $1,480 per acre-foot — numbers that were scaled to 2008 dollars from 1995 figures. Michael contends that if the numbers were adjusted to reflect actual costs, the peripheral canal wouldn’t look like such a sweet deal.

Maloni, of Poseidon Resources, said the desalinated water cost would be $950 per acre-foot for San Diego, including a $250 subsidy. A similar plant the company is hoping to construct in Huntington Beach will be about $50 more per acre foot.

When asked if $2,100 per acre-foot was a reasonable figure for desalinated water in California, Maloni said, "That’s nuts."

What does all this illustrate? That even among a small cast of purported experts there’s little consensus on several fundamental issues.

Adding more fuel to the fires of public skepticism is that a third of the funding for the PPIC report came from Stephen D. Bechtel Jr. — heir to the Bechtel Corp., which has come under tremendous criticism for its moves to privatize water around the world.

"That is very upsetting to us. They would stand to gain a lot with a contract to build a peripheral canal," said Barbara Barrigan-Parrilla of Restore the Delta.

PPIC’s Ellen Hanak said the funding didn’t affect their findings. "It’s really much more linked to the fact that the foundation is really interested in the environment and water is a part of that."

Linda Strean, the PPIC’s public affairs officer, told the Guardian that it was Bechtel himself who wrote the check, not the foundation. It’s the first time Bechtel has given to PPIC.

But considering Bechtel’s past performance managing water, it doesn’t inspire much confidence.

BECHTEL’S BIG ADVENTURES


In April, Cesar Cardenas Ramirez and César Augusto Parada, traveled from Guayaquil, Ecuador, to San Francisco. The two men were on a fact-finding mission: they wanted to know more about the company that owns Interagua, the company that is supposed to deliver the drinking water that only occasionally comes out of the taps in their homes.

One of the first things they discovered is that 50 Beale St. doesn’t necessarily advertise itself as the home of Bechtel — one of the world’s largest private corporations, with global construction and infrastructure contracts amounting to billions of dollars annually.

In Guayaquil, water service has been problematic for decades. During the 1990s the country received a loan from the Inter-American Development Bank to improve basic infrastructure. The money was given directly to the government, but like many World Bank and International Monetary Fund loans granted throughout Latin America at the time, it was predicated on an eventual privatization of the water service contract.

The money helped — water conditions improved, and the city seemed to be on track to bring service to outlying areas. But in 2000, the city, abiding by the loan conditions, requested bids to run the water and sewage systems. No bids were received. Leaders scaled back provisions that kept some control in the hands of the government, and they got one response. In 2001, Interagua, a company owned by Bechtel, took over water service.

"Since the contract, nobody has been able to drink the tap water," Cardenas, who represents the Citizen’s Observatory for Public Services, a watchdog group formed in Guayaquil to monitor the water contract between the government and Interagua, told the Guardian. "Prior to the contract you could drink the tap water, although there were some sections of the city where the plumbing was old and inadequate."

Even though Interagua is managing a public service, because it’s a private company, information about its exact responsibilities have been elusive. The Observatory does know that Interagua pays nothing for the water it draws from the local river, is guaranteed a 17 percent rate of return, and that it has a minimum mandate to expand service. What’s also known is its citizens’ experience — during the first six months of the contract, some rates were increased 180 percent.

Bechtel’s SF office refused to meet with the two men or answer their phone calls, e-mails, and letters, which highlights the inherent problem with corporate control of water — a lack of accountability. Bechtel didn’t answer any of the Guardian‘s detailed questions regarding the Interagua contract, and only provided a three-page letter originally drafted to the World Bank in December 2007, that paints a rosy scene of productivity and accomplishment in Guayaquil.

"At present, over 2.1 million residents of Guayaquil (84 percent of the population) are connected to the municipal potable water system, and more than 90 percent of the customers have 24-hour per day, uninterrupted service." The letter goes on to state that coverage is expanding with new connections, water quality meets public health standards, prices have decreased, and procedures are in place to help customers who have higher than average bills.

"There are things that have improved, yes," said Emily Joiner, who spent last summer in Ecuador and is author of the book Murky Waters, a history of water issues in Guayaquil published by the Observatory in 2007. But the bottom line is that citizens pay for the service, but they can’t drink the water.

"You still don’t drink the water anywhere in the city at any time," said Joiner. People buy bottled water or boil it. "Bottled water is expensive, as a percentage of income," she said.

Whereas water service was previously priced more like a progressive income tax, with the lowest consumers paying the lowest rates, Interagua has flattened out the rate structure and now big water consuming businesses are paying the same as residents. "It’s pricing some families out of the market," Joiner said. "It’s great for business. It’s not great for people who don’t have enough water to bathe or wash their clothes."

The Observatory would like the water system turned back over to the government. The local authority, which once ran the water service and is now charged with overseeing Interagua, fined the company $1.5 million for not meeting goals for expanding service. According to Joiner, there’s been no follow-up on whether the company is meeting those goals now.

The Observatory also filed complaints with the World Bank, which attempted a settlement, but, according to Joiner, representatives from Interagua refused to sit down at the same table as Cardenas. "The process stalled," Joiner said. "Interagua said the issue had become too politicized. César [Cardenas] has a reputation for rabble-rousing, and at the time he was lobbying for constitutional amendments outlawing privatization. Interagua considered it negotiating with a hostile party."

A new constitution was passed in September that does, in fact, outlaw privatization, but still allows existing contracts to be honored if they pass a government audit.

In the meantime, the local rumor is that Bechtel is arranging to sell Interagua to another company. Bechtel wouldn’t confirm this, and no one could say more beyond what was reported in speculative articles in Guayaquil’s local newspapers.

It wouldn’t be the first time Bechtel bailed on an international water contract. In what was part of a massive privatization of a variety of Bolivia’s national services, in 1996 the World Bank granted the city of Cochabamba a $14 million loan to improve water service for its 600,000 citizens. Like Ecuador, there were strings attached: a future privatization of the city’s water service. It was sold to Aguas del Tunari, the sole bidder — also a subsidiary of Bechtel. Almost immediately rates increased by nearly 200 percent for some families. In January 2000, people stopped paying, started rallying, and the water war began.

Led by La Coordinadora for the Defense of Water and Life, organizers shut down the city, physically blockading roads and demanding the regional governor review the contract. The battle went on into February, resulting in injuries to 175 people and the death of one. Originally the government announced a rate rollback for six months, but the Bechtel contract remained. "The [Bechtel] contract was very hard to get a hold of," Omar Fernandez of the Coordinadora told Jim Schulz of the Democracy Center. "It was like a state secret." Once they did examine a copy of it, Bechtel’s sweetheart deal for a guaranteed 16 percent profit was exposed and people demanded a full repeal.

Eventually, the residents got it, and though decent water service in Cochabamba is still elusive, the water war has become the poster child for successful grassroots activism.

"One of the most inspiring struggles around community control of water happened in Cochabamba, Bolivia, in the year 2000, when international corporation Bechtel — based here in San Francisco — privatized the municipal water system and hiked the water rates for citizens by 30 to 40 percent. Thankfully, there was a popular upsurge. It was a very bitter struggle and people succeeded in turning control back to public hands.

"This success changed the public debate in Bolivia," said Mateo Nube, a native of La Paz, Bolivia, who spoke at the anti-corporate water conference. "People said ‘enough’ to privatization, enough to corporate control. We need to seize control of our government."

You don’t have to go to Bolivia to find water-privatization battles. In 2002, catching wind that the city of Stockton was on the brink of privatizing its water services, the Concerned Citizens Coalition rallied signatures for a ballot measure against the idea. Weeks before the vote, the Stockton City Council narrowly approved one of the west’s largest water privatization deals — a 20-year, $600 million contract with OMI-Thames. The ballot measure still received 60 percent approval, and activists took the issue to court arguing there hadn’t been a proper CEQA process. In January 2004, according to the Concerned Citizens Coalition Web site, "San Joaquin County Superior Court Judge Bob McNatt ruled in our favor — we won on all points. The judge ruled that privatizing, in and of itself, needed environmental review." The city appealed, but eventually dropped the suit and OMI walked away in March 2008.

PUBLIC AGENCY, PUBLIC PROCESS


Bechtel also failed to hold on to a more local contract, a $45 million deal with the SFPUC to manage the first phase of its multibillion dollar Water System Improvement Project. After a 2001 story by the Guardian exposed Bechtel’s exorbitant billing for services that resulted in few gains (see "Bechtel’s $45 million screw job," 9/12/01), the contract was revoked by the Board of Supervisors and granted to Parsons, which runs it now.

Years later, in 2007, when the SFPUC released a draft of the Environmental Impact Report for the $4.4 billion project, massive public outcry arose against it. The plan outlined major seismic upgrades for miles of aging water infrastructure between San Francisco and Yosemite National Park, where the headwaters of the Tuolumne River are captured by a giant dam in Hetch Hetchy Valley and gravity-fed to the city. While the EIR projected little additional water use for San Franciscans, it called for diverting an additional 25 million gallons of water per day from the Tuolumne to meet the needs of 23 wholesale customers in San Mateo, Santa Clara, and Alameda counties.

The Pacific Institute and Tuolumne River Trust collaborated on a study showing that 100 percent of the anticipated water increases were for those wholesale customers — most of it for outdoor water use. The SFPUC hadn’t factored in any increased conservation, efficiency, or recycling measures, nor had it independently questioned the growth numbers.

The EIR received upwards of 1,000 public comments, more than any other document ever generated by the SFPUC. Environmental groups rallied, writing editorials, flooding public meetings, and asserting a different vision of the Bay Area’s water future and stewardship of its primary, pristine water resource.

And it worked. "We got about 95 percent of everything we wanted out of the WSIP process," said Jessie Raeder of the Tuolumne River Trust. "We do consider the WSIP a huge win for the environmental community … because we were able to organize and get a seat at the table and discuss this with the PUC." She said the Bay Area Water Stewards, a coalition of environmental groups, met with the PUC nearly every month and slowly the initial additional river diversions were pared down to a possible 2 million gallons. Also, a cap has been placed on any diversions until 2018, which gives agencies time to implement conservation and efficiency measures.

The SFPUC feels positive about it, too. "We are really thrilled that the program EIR was approved by the Planning Commission, approved by the PUC, and not appealed," said spokesperson Tony Winnicker. He said there were really controversial elements and the trick was balancing the competing interests of wholesale customers and environmental groups. "It took a really hard-nosed look at our demand projections and what we could really do for conservation." He concedes there are still controversies, in particular over the Calaveras Dam, which the Alameda Creek Alliance opposes. "It would be hubris for us to say it’s been a complete success."

"This is a process that would only occur through a public agency," Winnicker added.

"What we saw with the WSIP was a solution where everything was fully transparent," Raider added. "It was all a public process, and there was plenty of opportunity for public input."

Which is really what a public water utility should be doing. "When you’re talking about public water, it isn’t them, it’s us," said Wenonah Hauter, director of Food and Water Watch. "A public water system is only as good as the people involved with it."

DRINK LOCALLY


"This conference isn’t a public event," organizer Andrew Slavin told the Guardian when we tried to gain admittance to the Corporate Water Footprinting Conference. While water activists rallied outside deriding the corporations inside for greenwashing their images, Slavin said that the fact that the conference wasn’t open to the public proved that the corporations weren’t trying to do environmental PR. "If they’re trying to do greenwashing this isn’t the place to do it. The aim is to try to share information."

Slavin pointed to representatives speaking from the Environmental Protection Agency, the SFPUC, and NGOs like the World Wildlife Fund. From an environmental perspective, if these companies are going to be using water, isn’t it worth working with them to reduce their impacts?

"There are companies I call water hunters," explained Maude Barlow. "They destroy water to make their products and profit. Unfortunately, some of the companies that are leading this conference are bottled water companies. I don’t know how you can become ‘water neutral’ if your life’s work is draining aquifers."

Many water activists consider bottled water the low-hanging fruit as far as getting people to change behaviors. San Francisco banned the use of tax dollars to buy it, and the SFPUC has been promoting its pristine Hetch Hetchy tap water, gravity-fed from Yosemite National Park. "Bottled water companies are basically engaged in a multiyear campaign. Their marketing approach is you can’t trust the tap, your public water isn’t safe," Winnicker said.

Slavin said he thought it was weird to protest the conference, because the corporations are genuinely trying to avoid conflicts. He pointed to a company called Future 500 that has created a business out of mediating between corporations and communities. "It’s hard for companies to speak to people so they use other companies to do it," Slavin said.

In fact, representatives from Future 500 appeared to be the only conference attendees who stepped outside to watch the protest.

"I think it’s great," Erik Wohlgemuth of Future 500, said of the protest. "I think press should have been there. I think more of these voices should have been there. My personal view is they need to come up with some sort of reduced rate to allow these nonprofits to attend these kinds of conferences."

Jeremy Shute, a representative from global infrastructure company AECOM who was standing with Wohlgemuth, said, "There’s a tremendous amount of research and thought going into these questions and it would be great if that knowledge could be shared."

But is that going to happen when private companies cite "proprietary interest" as a reason for not sharing more information about their businesses? Or when they don’t have to abide by public records laws, leaving their contracts shielded from public scrutiny? Or when they refuse to answer calls from their constituencies and the media? In which case, should those advocates be in the same room as some of the biggest water users in the world? When pressed with the question, Slavin seemed stumped. "Why didn’t we invite them?" he asked. Then, after a long, thoughtful pause, he said, "I don’t know."

————————

WATER, BY THE NUMBERS

One-half of 1 percent of the world’s water is fresh. [1]

Of that .5 percent, about 50 percent is polluted. [2]

One in 6 people don’t have access to clean, safe water. [3]

Five food and beverage giants — Nestlé, Unilever, Coca-Cola, Anheuser Busch, and Groupe Danone — consume almost 575 billion liters of water per year, enough to satisfy the daily water needs of every person on the planet. [4]

The average human needs about 13 gallons of water each day for drinking, cooking, and sanitation. [5]

An average North American uses about 150 gallons of water each day. [6]

An average African: 1.5 gallons. [7]

An average San Franciscan: 72 gallons. [8]

The average Los Angeles resident: 122 gallons. [9]

About half the water used by a typical home goes for lawns, gardens, and pools. [10]

50 percent of US water comes from non-renewable groundwater. [11]

86 percent of Americans get their water from public water systems. [12]

80 percent of California’s homes get water from public systems. [13]

The 20 percent of CA households receiving water from privately-owned systems pay an average of 20 percent more for it. [14]

Of the 4.5 billion people with access to clean drinking water worldwide, 15 percent are buying it from private water companies. [15]

It takes 3 liters of water to produce 1 liter of bottled water. [16]

Tests of 1,000 bottles of water spanning 103 brands revealed that about one-third contained some level of contamination. [17]

The bottled water industry is worth $60 billion a year. [18]

Water is the third biggest industry in the world, worth $425 billion, ranking just behind electricity and oil. [19]

About 70 percent of CA’s water lies north of Sacramento, but 80 percent of the demand is from the southern two-thirds of the state. [20]

[1] www.gwb.com.au/gwb/news/mai/water12.htm

[2] Maude Barlow, interview with SFBG

[3] foodandwaterwatch.org/world/utf8-america/water-privatization/ecuador/bechtel-in-guayaquil-ecuador

[4] The Economist magazine

[5] www.ens-newswire.com/ens/mar2002/2002-03-22-01.asp

[6] www.canadians.org/water/publications/water%20commons/section4.html; environment.about.com/od/greenlivinginyourhome/a/laundry_soaps.htm

[7] montessori-amman-imman-project.blogspot.com/2008/01/in-news-interview-with-ariane-kirtley.html; answers.yahoo.com/question/index?qid=20080304195801AAnrv4Y

[8] sfwater.org/mto_main.cfm/MC_ID/13/MSC_ID/168/MTO_ID/355

[9] www.nwf.org/nationalwildlife/article.cfm?articleId=928&issueId=68

[10] American Water Works Association

[11] www.canadians.org/integratethis/water/2008/May-28.html

[12] www.foodandwaterwatch.org/water/private-vs-public

[13] California Public Utilities Commission

[14] Black and Veatch’s 2006 California Water Rate Survey

[15] www.canadians.org/water/publications/water%20commons/section2.html

[16] www.pacinst.org/topics/water_and_sustainability/bottled_water/bottled_water_and_energy.html

[17] Natural Resources Defense Council study, "Pure water or pure hype?" (1999)

[18] www.bottlemania.net/excerpt.html

[19] www.timesonline.co.uk/tol/money/article4086457.ece; thegreenblog.leedphilly.com

[20] www.energy.ca.gov/2005publications/CEC-700-2005-011/CEC-700-2005-011-SF.PDF

Ricky Angel and Katie Baker assisted with research.

Cut half the general fund?

6

by Tim Redmond

I’m not kidding. That’s what the numbers right now suggest. San Francisco over the next year could face a budget deficit of $576 million — almost half of the entire discretionary money that the city has to spend.

Mayor Gavin Newsom, frankly, is entirely missing in action on this one. He’s been hiding out, doing his budget discussions in secret, playing Where’s Waldo (even showing up that the board meeting without a budget plan) and leaving City Hall and thousands of city workers, nonprofits and activists wondering what the hell is going on. The lack of leadership is mind boggling.

In the vacuum, the Coalition to Save Public Health has proposed a series of alternative cuts, and Sup. Aaron Peskin, writing in tomorrow’s Bay Guardian, suggests that the board consider them. The proposals include eliminating unnecessary jobs that pay more than $100,000 a year, cutting back the mayor’s seven-person PR staff, cutting the money the city gives to the Opera and Symphony and re-opening the police and fire contracts. These are all good ideas — and they might, in the best of all circumstances, add up to ten or 20 percent of the deficit.

The reality is that the mayor is going to be making some brutal cuts now — and it will be much worse in a few months, when the supervisors have to deal with the next fiscal year’s budget. You can’t cut half a billion dollars out of San Francisco city government without eliminating a lot of essential programs. Public health? Decimated. Parks and Rec? A wreck. Muni? Service will get way worse, fares may go up, and the city’s commitment to public transit will be at risk. What’s the city do for you? Get ready to give it up.

And you think the job market is bad now and the recession starting to hit the city hard? Imagine when a few thousand city employees join the unemployment lines.

So what are we supposed to do? Let me make a suggestion.

The worst thing a government agency can do in a recession is cut spending. The feds can borrow money and keep spending, but the city can’t. So we simply need to face the fact that this is an emergency, a crisis, the worst situation since the 1930s – and we need to look for new revenue.

We can’t mess around with half steps, either. We need big money, right now – and the best, most fair and progressive way to get that is with an income tax.

Now, the city can’t just impose an income tax on residents, the way New York City and Philadelphia do. The California Constitution pre-empts that. But the city CAN levy a tax on all income earned within the city. So the commuters pay, too (although residents who live here and work somewhere else don’t; it’s an imperfect world). Oakland passed a tax on income earned in the city in the 1970s, and the issue went all the way to the state Supreme Court, which ruled in Weekes v. City of Oakland that the tax was perfectly legal (the City Council dropped the tax anyway). Here’s an opinion on it.

The nice thing about income taxes is that they hit the rich harder than the poor. In fact, San Francisco could exempt, say, the first $100.000 of income, then use a progressive scale to make sure that only well-off people paid anything, and the richest paid the most. Even in a recession, there are rich people in this town, people who have done very well under the Bush tax cuts – and shifting money from the rich to the poor during a recession is excellent economics.

And an income tax could actually bring in enough cash to make a real difference.

Of course, the rich people who pay it can deduct the local tax from their state and federal returns – so a lot of the money actually comes to SF from Washington and Sacramento.

Passing something like this would be a huge political challenge – it would have to go on the ballot, and nobody wants new taxes, and the Chamber of Commerce types would howl and raise huge sums to defeat it. It could only work if the entire City Hall establishment, starting with the mayor, was willing to go out and campaign, hard, for the measure. Make it temporary – the tax would expire in two years. Make it progressive – nobody who is hurting financially would pay a heavy burden. And tell the voters: We tax the rich, or we close libraries, and eliminate Muni lines, and take cops off the streets, and close fire stations, and let sick people die because they can’t see doctors – and watch the local economy fall even deeper into recession as city spending plummets.

Because that’s what we’re talking about here. These are the choices.

There’s a good chance the state will have a special election in the spring – a tax measure could go on the ballot then. Or the city could hold its own special election. And if the city income tax doesn’t fly, I’m open to something – anything – else. But is has to be big, and we have to move on it now.

Any takers?

Newsom’s shocking Board appearance

2

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WTF?! Mayor Gavin Newsom shocks everyone by making a surprise “Bad News” visit to the Board.

Photos by Luke Thomas
Text by Sarah Phelan

For years, voters have been asking Mayor Gavin Newsom appear before the Board of Supervisors for monthly policy discussions. And for years, MGN has refused, claiming that such invites were “political theater.”

So, eyeballs understandably popped and jaws dropped when Newsom showed up at today’s Board meeting.
What could have possibly got the Mayor to come and talk to the Board?

A $576 million budget deficit, as it turns out. That’s almost half the City’s $1.2 billion in discretionary funds.

“That arguably makes it the most daunting crisis since the Great Depression,” Newsom observed.

But while the Mayor claimed he had come to the Board to “share the challenge”, he did not share copies of his proposed solution, until hours later at a press conference he did not attend. In other words, no one could ask the Mayor hard questions about his proposed plan in real time. And that was a tad frustrating.

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The media try to make sense of the Mayor’s proposal as Dr. Mitch Katz talks about what it means for the City’s Public Health Department.

Instead, Newsom did what he seems to do best: he stood there, hair and nails immaculate, spouting numbers, percentages, and statistics about his package which he dubbed, ” $118 million in proposed mid-year solutions.”

Somehow,he didn’t get to the part about the 399 pink slips that will be sent to City workers on Friday, or the 313 vacant positions that will also be eliminated.

Those details were left to Controller Ben Rosenfield and Budget Director Nani Coloretti to share with the press, as we stood in the International Room, surrounded by glass cases filled with signed memorabilia from the likes of “Their Royal Highnesses” Prince Charles and his wife Camilla.

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The Mayor’s “dream team” address media questions in the International Room,

It also fell lto the Mayor’s financial team to spell out that this mid-year proposal only addresses $100 million of the problem, meaning 2009-2010 will likely look four times worse.

Meanwhile, some supervisors were left wondering of there will there be any meaningful collaboration between Newsom and the Board, or whether it will take the form of the usual feral faction versus manicured tribe?
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Sup. Chris Daly wonders aloud about “real collaboration.”

“We have the capacity, the ingenuity and the spirit to solve this,” Newsom told the Board, looking painfully alone as he stood in their chambers this afternoon.”It’s going to take all of us working together. It’s in that spirit that I am here..The mid-year solution–difficult and painful as it is–its he easy part. The difficult part comes in the next four months.”
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His appearance was a good first step, but will he follow it up with regular monthly visits, so that the Board can engage him in policy discussions, as per their voters’ requests?

It looks as if the Board isn’t banking on it: Peskin and his fellow supervisors have put together their own package of solutions–an ordinance deappropriating $8.5 million in alternative cuts from the General Fund.

As one aide told me, “It’s important for the Board to set the stage now for the budget discussions in the Spring.”

But it would be great if there was a silver lining to the global crisis-in which the SF Board and Mayor started acting as equal partners in their efforts to save what they can from the economic wreckage.
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San Francisco needs a New Deal

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By Christopher D. Cook and Eric Quezada


OPINION On the night the voters spoke, word began filtering through Palm Pilots and iPhones about sweeping budget cuts likely to carve a hole in vital city programs. It’s ugly: massive cuts to the Department of Public Health and numerous social service programs. As usual, programs helping those most in need are getting cut the most. Why aren’t we instead raising revenue from those who have the most?

In this year of "change," we need a fundamental shift in our city’s taxing and spending priorities — a bold New Deal for San Francisco that enlarges the public pie that everyone’s scuffling over, and that creates green jobs and new housing opportunities targeting poor neighborhoods and districts.

It’s time to get serious about taxing and redistributing wealth to stimulate new economic opportunities. The passage of Propositions N and Q — expanding real estate transfer and payroll taxes — is a good start. We need to tax wealth in new ways that replenish the local economy, creating green living-wage jobs with health care and opportunities for small businesses and community-serving groups.

City leaders can make San Francisco a model of good sense by demanding that our wealthiest citizens and corporations help fund a program that creates jobs and economic opportunity for the rest of us. Particularly in the city’s eastern neighborhoods, Districts 9, 10, and 11 (and parts of 6), poverty and economic stress are rampant and families are pressed to their limits — unable to afford health care, working multiple jobs, living in overcrowded apartments, and often in shamefully dilapidated housing conditions.

With home prices declining but rents and foreclosures skyrocketing, the city needs to help thousands of working-class residents who provide vital services — teachers, service-industry workers, and cash-poor immigrants — to remain in San Francisco. Now is the time to prioritize production, public infrastructure, education, and cooperation for the common good; our economy needs a stimulus based on solidarity and collective good.

We’re being presented with false scarcity and false choices — do we cut housing or health care to meet the budget? Few are asking the key question: why don’t we have more money to work with, in this vastly wealthy region?

In an earlier New Deal, President Franklin D. Roosevelt imposed a 90 percent tax on upper income brackets — making it virtually illegal for people to earn so much more than others. Locally, city leaders should explore a gross receipts tax on large firms; new taxes on luxury and high-priced items, such as SUVs, second homes, yachts, and other extravagances; perhaps revive the push for a downtown business tax levied on large firms in the financial district; and a truly progressive income tax harnessing revenues from high-income folks.

People can argue over where the money should go. But it’s brutally clear we are in an age of deepening inequality, widening economic stress, and environmental limits. There’s no room for huge disparities — no room to continue allowing extra-wealthy individuals and corporations to consolidate their gains at the expense of the rest of us. We must renew the fight for public wealth — now. *

Journalist and author Christopher D. Cook is a former Guardian city editor, and a local activist. Contact him at www.christopherdcook.com. Eric Quezada is executive director of Dolores Street Community Services, and was recently a candidate for District 9 supervisor.

Fighting Newsom’s mid-year cuts

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EDITORIAL If Mayor Gavin Newsom moves forward aggressively with mid-year cuts to the city budget, a lame duck Board of Supervisors with four veterans — including the board president and chair of the Budget Committee — on their way out the door could be voting on harsh reductions in city spending on health care, parks, and other services. That’s not the best way to make policy; we’d rather the cuts go to the new board, which will be dealing with next year’s budget anyway. But if the mayor is pushing reductions now, the current board needs to act aggressively and quickly to be sure that the mayor’s wrongheaded priorities don’t carry the day.

We recognize that the city has money problems. Like every other taxpayer-financed entity in America, San Francisco is getting hit hard by the recession. When retail sales drop, so do local sales taxes. When real estate values plummet, so do property taxes receipts. And while some prominent economists are urging President-elect Barack Obama to pour federal money into cities this spring, nobody can count on that happening.

City Controller Ben Rosenfield is projecting that the city will be around $100 million short of cash by the end of the fiscal year. And since California cities (unlike the federal government) can’t run a deficit, that money has to come from somewhere. (Fortunately, the red ink won’t be as bad as it might have been — with little help from the mayor, Sup. Aaron Peskin got two new revenue measures passed in November that will bring some $50 million more into city coffers).

Newsom’s chief target at this point is the Department of Public Health, which is facing more than $256 million in cuts. That’s on top of all the cuts the department has had to absorb over the past two years — and it will cut deeply into the city’s ability to maintain its landmark Healthy San Francisco program. The Recreation and Park Department, libraries, and Muni will face cutbacks too, and there’s almost certainly a Muni fare hike (essentially a tax on the poor) on the horizon.

But there’s no talk of reducing or eliminating any of the mayor’s pet programs — like the 311 call center, which is a fine service but perhaps not as important as medical staff at SF General — or cutting significantly into his own office spending.

And, as always, the mayor has failed to look at any additional sources of revenue (with the possible exception of new parking meters in Golden Gate Park and at Marina Green). It’s particularly frustrating that Newsom and his hired gun, Eric Jaye, pushed so hard to help Pacific Gas and Electric Co. defeat the Clean Energy Act when public power would be the source of hundreds of millions in annual revenue. (PG&E killed 10 other ballot measures that would have brought cheap Hetch Hetchy public power to San Francisco, the largest source of potential new revenue for the city, and the private monopoly yanks more than $650 million a year out of the city in high rates, according to a Guardian study.)

The supervisors don’t have to wait for the mayor to propose cuts and then react. They can begin to move now. They can begin to identify their own set of cuts and revenue enhancements — and can begin establishing an alternative set of priorities. Is it better to cut 311 and the mayor’s special global warming deputy than to cut nurses at General? Is it better to close some redundant fire stations than cut hours at libraries? Should parking meters and garage fees go up downtown before city parks get meters? Back in 1973, in his first run for supervisor, Harvey Milk proposed eliminating the police vice squad (see "I remember Harvey"). That’s an idea whose time may have come again.

The point is that the mayor, who is weak and more focused on running for governor than on running the city, shouldn’t be driving the fiscal agenda alone. The supervisors need to either agree that they won’t act on cuts until the new board takes office or offer some alternative plans today.

Chickens and the egg

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GREEN CITY The scene along a quiet, dead-end road in Lathrop — just 90 minutes east of San Francisco — is classically pastoral: a cloudless sky, a few small ranch houses scattered among small plots of farmland, a tractor humming in the distance.

But thanks to Olivera Egg Farm and its 700,000 chickens, country life is not all sunshine and butterflies. With a quick turn of the wind, the pleasant breeze suddenly sours to the sickening, fetid stench of ammonia from the nearby "lagoon" — a 16.5-acre cesspool of chicken manure that lies 370 feet from the nearest house.

"It takes your breath away," said Janice Magaoay, who has lived in a house neighboring the egg farm since the early 1970s. Magaoay is one of 10 residents who filed a civil lawsuit against Olivera in US District Court last week. Led by a legal team from the Humane Society of the United States (HSUS), the lawsuit alleges that Olivera has been emitting up to 18 times the lawful amount of toxic ammonia gas without reporting it — a violation that could cost the farm a maximum of $32,500 per day in penalties.

The lawsuit against Olivera — whose owner, Edward Olivera, did not return our calls for comment — is one of a constellation of HSUS-led claims against the egg industry that tie into California’s Proposition 2. If passed, Prop. 2 would ban the use of farm animal confinement methods that do not allow animals to stand up, lie down, turn around, and fully extend their limbs.

Facilities like Olivera, which currently keeps only one of its 12 active hen houses cage-free, would have to thin their flocks significantly, said San Joaquin County Environmental Health Department program coordinator Robert McClellon.

Swarming with seagulls and flies, Olivera’s primary manure lagoon and adjacent overflow pond has a total volume equivalent to nearly 120 Olympic-sized swimming pools, according to company records filed with local environmental regulators. Despite its close proximity to a residential street with kids, the lagoon has no solid fence around it — perhaps because the unbearable stench acts as its own repellent.

Thirty-year resident Larry Yepez, 60, a retired firefighter and plaintiff in the case against Olivera, has passed by the lagoon on his jogging route for many years.

"I used to carry a towel around my face to keep the smell out of my nostrils," Yepez told the Guardian. "There were times when there must have been massive kill-offs because there were carcasses of dead chickens everywhere. It got to a point where I said, ‘I don’t think this is very healthy,’ so I started running away from that area."

Ten-year resident and plaintiff Gloria Avila, 60, often works outside growing produce for farmers markets in San Francisco. On some days, the ammonia is so strong she can barely open her eyes and has trouble breathing.

"It’s very, very bad," she repeats, grimacing, an open palm pressed against her chest.

She is not alone; the plaintiffs allege that their numerous health conditions — upper-respiratory problems, nausea, chest pains, as well as sinus, throat, and eye irritations — could be the result of ammonia exposure.

Nearby, a box of a dark purple fruit sitting on Avila’s porch crawls with a thick blanket of flies — another major issue for Olivera’s neighbors, who say the flies bite.

"We are told that because we live in an agricultural farm community, we have to accept it," Larry Yepez said.

Some local residents feel the odor comes with the territory.

"The egg farm has been there a long time," said Jerry West, a 15-year resident. "If you move out here, you should expect it."

Olivera has contributed $12,000 to support the No on 2 campaign, Californians for Safe Food, which is primarily funded by The United Egg Producers, a trade association of 250-plus of the country’s big egg producers — Olivera among them. The campaign argues that Prop. 2 poses a threat to public health by making eggs less safe, but it declined comment on the lawsuit against Olivera.

"Prop. 2 opponents have as little concern for the neighbors whose lives they are destroying with their pollution as they do for human health and animal welfare," Yes on Prop. 2 campaign manager Jennifer Fearing responds. She describes their claims about food safety as "scare tactics" and "the height of hypocrisy."

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

Anniversary Issue: Beyond the automobile

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More:

Download the the transportation roundtable discussion (DivShare)

Transportation is the linchpin of sustainability. Fix the transportation system, and almost every other aspect of the city’s ecological health improves: public health, conservation of resources, climate change, economics, and maintaining our culture and sense of community.

The region’s unsustainable transportation system is the biggest cause of global warming (more than half the Bay Area’s greenhouse gas emissions come from vehicles) and one of the biggest recipients of taxpayer money. And right now, most of those public funds from the state and federal governments are going to expand and maintain freeway systems, a priority that exacerbates our problems and delays the inevitable day of reckoning.

It’s going to have to change — and we can do it the easy way or the hard way.

“We’ll get to a more sustainable transportation system. The question is, are we going to be smart enough to make quality of life for people high within that sustainable transportation system?” said Dave Snyder, who revived the San Francisco Bicycle Coalition and founded Transportation for a Livable City (now known as Livable City) before becoming transportation policy director for the San Francisco Planning and Urban Research Association. “People will drive less, but will they have dignified alternatives? That’s the question.”

That notion — that transportation sustainability is inevitable, but that it’ll be painful if we don’t start now in a deliberate way — was shared by all 10 transportation experts recently interviewed by the Guardian. And most agreed that needed reform involves shifting resources away from the automobile infrastructure, which is already crowding out more sustainable options and will gobble up an even bigger piece of the pie in the future if we continue to expand it.

“Yeah, it’ll be more sustainable, but will it be just? Will it be healthful? Will it be effective? Those are the questions,” said Tom Radulovich, director of Livable City and an elected member of the BART Board of Directors. “You can’t argue against geology. The planet is running out of oil. We’re going to have a more sustainable transportation system in the future. That’s a given. The question is, is it going to meet our other needs? Is it going to be what we need it to be?”

And the answer to all those questions is going to be no — as long as politicians choose to fund wasteful projects such as a fourth bore in the Caldecott Tunnel and transferring $4 billion from transit agencies to close California budget deficits accruing since 2000.

“Our leaders need to be putting our money where our collective mouth is and stop raiding these funds,” Carli Paine, transportation program director for Transportation and Land Use Coalition, told us. “I’m hopeful, but I think we all need to do more.”

 

TRANSIT AND BIKES

There is reason to be hopeful. With increased awareness of global warming and high gasoline prices, public transit ridership has increased significantly in the Bay Area. And one study indicates that the number of people bicycling in San Francisco has quadrupled in the last few years.

“Look at what’s happening on the streets of San Francisco: you have biking practically doubling every year without any new bike infrastructure. I think the demand is out there. The question is, when is the political leadership going to catch up to demand?” Jean Fraser, who sits on the SPUR and SFBC boards and until recently ran the San Francisco Health Plan under Mayor Gavin Newsom, told us.

But the political leadership and federal transportation spending priorities are behind the times. Of the $835 million in federal funds administered by the Metropolitan Transportation Commission for the nine Bay Area counties in 2006-07, 51.4 percent went to maintain and expand state highways. Only 2.5 percent went for expansion of public transit, and 2.4 percent for bike and pedestrian projects. Overall, Paine said, about 80 percent of all state and federal transportation funding goes to facilities for automobiles, leaving all modes of transportation to fight for the rest.

“Historically we favor the automobile at the expense of all those other modes,” Radulovich said at a forum of experts assembled by the Guardian (a recording of the discussion is available at sfbg.com). “It’s been given primacy, and I think everyone around this table is saying, in one way or another, that we need a more balanced approach. We need a more sustainable, sensible, and just way of allocating space on our roads.”

Yet the Bay Area is now locking in those wasteful patterns of the past with plans for about $6 billion in highway expansions, which means the MTC will have to spend even more every year keeping those roads in shape. Highway maintenance is the biggest line item in the MTC budget, at $275 million.

“We can’t pay for what we have now — to maintain it, repair it, seismically retrofit it — so why we’re building more is kind of beyond me,” Radulovich said. “We continue to invest in the wrong things.”

The experts also question big-ticket transit items such as the Central Subway project, a 1.7-mile link from SoMa to Chinatown that will cost an estimated $1.4 billion to build and about $4 million per year to run.

“There are 300 small capital projects we need to see,” Snyder said. “That’s really the answer. The idea of a few big capital projects as the answer to our problems is our problem. What we really need are 100 new bike lanes. We need 500 new bus bulbs. We need 300 new buses. It’s not the big sexy project, but 300 small projects.”

The most cost-efficient, environmentally effective transportation projects, according to renowned urban design thinkers such as Jan Gehl from Denmark, are those that encourage walking or riding a bike.

“I think Jan Gehl put it best, which is to say a city that is sweet to pedestrians and sweet to bicyclists is going to be a sustainable city,” Fraser said. “So I think focusing on those two particular modes of transportation meets the other goals of the financial viability because they’re the cheapest ways to get people around — and the healthiest ways — which I submit is one of the other criteria for sustainable transportation…. And it helps with the social justice and social connections.”

 

IT’S GOOD FOR YOU

In fact, transportation sustainability has far-reaching implications for communities such as San Francisco.

“I think of sustainability in two ways,” Fraser said. “The first is sustainability for the environment. And since I have a background in health care, I think of a sustainable transportation system as one that’s actually healthy for us. In the past at least 50 years, we’ve actually engineered any kind of active transportation — walking to work or to school, biking to school — out of our cities.”

But it can be engineered back into the system with land use policies that encourage more density around transit corridors and economic policies that promote the creation of neighborhood-serving commercial development.

“If my day-to-day needs can be met by walking, I don’t put pressure on the transportation system,” Manish Champsee, a Mission District resident who heads the group Walk SF, told us.

The transportation system can either promote that sense of community or it can detract from it. Champsee said San Francisco needs more traffic-calming measures, citing the 32 pedestrian deaths in San Francisco last year. Almost a third as many people are killed in car accidents as die from homicides in San Francisco — but murder gets more resources and attention.

“There’s a real sense in the neighborhoods that the roadways and streetscapes are not part of the neighborhood, they’re not even what links one neighborhood to another. They’re sort of this other system that cuts through neighborhoods,” said Gillian Gillette of the group CC Puede, which promotes safety improvements on Cesar Chavez Street.

Radulovich notes that streets are social spaces and that decisions about how to use public spaces are critical to achieving sustainability.

“A sustainable transportation system is one that allows you to connect to other people,” he said. “Cities have always thrived on connections between humans, and I think some of the transportation choices we’ve made, with reliance on the automobile, have begun to sever a lot of human connections. So you’ve got to think about whether it’s socially sustainable. Also economically sustainable, or fiscally sustainable, because we just can’t pay for what we have.”

So then what do we do? The first step will take place next year when Congress is scheduled to reauthorize federal transportation spending and policies, presenting an opportunity that only comes once every four years. Transportation advocates from around the country are already gearing up for the fight.

“We’ve built out the freeways. They’re connecting the cities — they’re pretty much done. So what do we need to do to make streets more vibrant and have more space for people and not just automobiles?” asked Jeff Wood, program associate for the nonprofit group Reconnecting America and the Center for Transit-Oriented Development.

Then, once communities such as San Francisco have more money and more flexibility on how to spend it, they can get to work on the other sustainability needs. “The key component is having all the transportation systems fully linked,” Paine said. That means coordinating the Bay Area’s 26 transit agencies; expanding on the new TransLink system to make buying tickets cheaper and easier; funding missing links such as connecting Caltrain from its terminus at King and Fourth streets to the new Transbay Terminal; and timing transfers so passengers aren’t wasting time waiting for connections.

And the one big-ticket transportation project supported by all the experts we consulted is high-speed rail, which goes before voters Nov. 4 as Proposition 1A. Not only is the project essential for facilitating trips between San Francisco and Los Angeles, it takes riders to the very core of the cities without their having to use roadways.

Paine also notes that the bond measure provides $995 million for regional rail improvements, with much of that going to the Bay Area. And that’s just the beginning of the resources that could be made available simply by flipping our transportation priorities and recognizing that the system needs to better accommodate all modes of getting around.

At the roundtable, I asked the group how much a reduction in automobile traffic we need to see in San Francisco 20 years from now to become sustainable — with safe streets for cyclists and pedestrians, free-flowing public transit, and vibrant public spaces. Sarah Sherburn-Zimmer, an organizer with SEIU Local 1021 and the Transit Not Traffic Coalition, said “half.” Nobody disagreed.

That may sound outrageous by today’s standards, when cars use about 30 percent of our roadways to handle about 5 percent of the people-moving (a similar ratio to how Americans constitute 5 percent of the world’s population but use more than 25 percent of the world’s resources). A sustainable, just, efficient mix would drastically beef up the operating budgets of Muni, BART, and other transit agencies, and transfer all the capital set aside for new freeways into new transit lines that would better serve, for example, the Sunset and Excelsior districts.

Alternative transportation advocates insist that they aren’t anti-car, and they say the automobile will continue to play a role in San Francisco’s transportation system. But the idea of sustainability means beefing up all the other, more efficient transportation options, so it becomes faster, cheaper, and easier to walk, bike, take transit, or rideshare (probably in that order of importance, based on the resources they consume). As Fraser said of residents choosing to drive cars, “We should make it so it’s their last choice.” *

 

Sustainable San Francisco

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In honor of our 42nd year printing the news and raising hell, the Guardian imagines a sustainable future for San Francisco, with visions for energy, land use, food, transportation, culture, and the economy.

A city transformed: Fighting the power structure, and building a sustainable community, for 42 amazing years

People’s power: A sustainable energy system is well within San Francisco’s reach

First, do no harm: A sustainable land use plan is about what we don’t allow as well as what we do

Beyond the automobile: The road to sustainability has lanes for more than just cars

Just Food Nation: Transforming how we eat will address poverty, public health, and environmental sustainability

Culture isn’t convenient: Sustaining entertainment and nightlife in San Francisco requires awareness and a policy shift

The money at home: A sustainable local economy starts with small business – and the public sector

ONLINE EXCLUSIVE: For 42 years, the Guardian has been writing about environmental issues, land-use issues, energy issues economic issues … and when you read back issues, you can see the outlines of what we now call a platform for a sustainable city. We’ve gone back through the archives and pulled out some of our anniversary issues that fit into that theme. You can see the covers and read the main pieces here (all files PDFs):

Oct 6- 13, 1982
16th anniversary issue

Oct 12- 19, 1983
17th anniversary issue

Oct 10- 17, 1984
18th anniversary issue

Oct 23- 30, 1985
19th anniversary issue

Oct 22- 29, 1986
A Bay Guardian study showing that as highrises have gone up, downtown SF has lost jobs.

Oct 7- 13, 1998
33rd anniversary issue

Oct 10- 16, 2001
35th anniversary issue

Oct 16- 22, 2002
36th anniversary issue

Oct 22- 28, 2003
37th anniversary issue

Horror at home

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According to the Geneva-based Internal Displacement Monitoring Center, 26 million people around the globe are currently seeking safety from conflicts within their own countries. Almost half of these internally displaced persons (IDPs) do not receive significant assistance from their governments.

The United Nations High Commissioner for Refugees says that 16 million people have fled to other countries in search of safety — many settling down in refugee camps that lack adequate shelter, supplies, and medical treatment.

Find it hard to grasp the enormity of these statistics? According to Dr. Matthew Spitzer, so do most people — which is why the Nobel Peace Prize- winning humanitarian organization Doctors Without Borders/Médecins Sans Frontières (MSF) is setting up a refugee camp in the heart of San Francisco.

"So often there are news articles that say 100,000 refugees just did this, there’s famine in Ethiopia … it just doesn’t register anymore," Spitzer, who has worked with MSF around the world and currently serves as president of the MSF board of directors, told the Guardian. MSF’s interactive exhibit, "A Refugee Camp in the Heart of the City," attempts to combat what Spitzer calls "compassion fatigue" — and it does so with great success.

The camp is free and open daily to the public from Oct 15 to 19 between 9 a.m. and 5 p.m. in Little Marina Green Park. During the exhibit, which has appeared on almost every continent and in more than a dozen US states, MSF aid workers act as tour guides, taking groups around the 8,000-square-foot simulation and explaining what refugees need to survive. Statistics come to life as visitors of all ages crowd into makeshift tents, taste high protein biscuits used by MSF aid workers to ward off malnutrition, and attempt to carry 44-pound jugs of water.

Maybe the reality of the global refugee problem will hit you when you try on the "bracelet of life," a piece of paper refugee children wear wrapped around their upper arms to identify their risk of starvation. Some 20 million children qualify for the most severe form of malnutrition — the bracelet’s "red zone," which notes a less than 110 mm (4.3 inch) upper arm circumference. "Can you put your arm through this hole?" a Doctors Without Borders postcard asks in stark white lettering above a thumb-sized cutout circle. "A child dying of starvation can."

The simple postcard has more impact than the sobering statistics on the back More than half the deaths of children under five are due to malnutrition — 6 million per year, or 12 children every minute. Or maybe after struggling to carry your daily ration of water — one five-gallon jug — back to your shelter, the fact that most Americans use 100 gallons of water per day will become more meaningful.

For Spitzer, the shelter area, where guides lead their tour groups into tiny canvas tents and ask them to try and lie down inside, is one of the most effective parts of the exhibit. "Twenty people in a tent and someone coughs — what’s the impact of that?" Spitzer asks. "Where are you going to cook? Where are you going to clean?" He relates the simulation to his experience working as a field coordinator in Liberia, where he was shocked at the refugees’ living conditions.

"There were 50, 60 people living in makeshift tents that were supposed to be transit structures," he told us. Unfortunately, due to lack of UN funding and organization, more and more refugees were forced to crowd into the small tents, resulting in numerous medical issues. "It was ridiculous … we take shelter for granted, but [refugees] are denied these basic rights."

In 2000, the Sacramento Public Health Department, whose staff often works with IDPs seeking shelter in the United States, sent its health care workers to MSF’s Los Angeles exhibit for training. MSF’s Refugee Camp exhibit is meant to shock.

Nevertheless, the tours are age-appropriate and strive to educate rather than scare. Elementary school students touring the water supply area focus on carrying the heavy jugs, while older visitors might learn about the sexual abuse risks facing young refugee women who walk long distances to collect water. Regardless of age, every visitor absorbs the information his or her own way. "Students giggle at the latrines at first," Spitzer told the Guardian, but grow silent when they are told there are only two latrines for 8,000 refugees. "They’ll ask, ‘Where is the school? Where is the playground?’"

Establishing a connection between the refugees and exhibit visitors is an important step toward social awareness. While you might not be that surprised to hear that Sudan is home to 5.8 million IDPs, did you know that 4 million IDPs currently live in Colombia? Probably not, because the US media rarely covers international IDP and refugee issues.

Iraq accounts for 2.5 million refugees; Afghanistan for 3.1 million more. Most of these people were forced to flee as a result of US intervention and warfare — although there is barely any US media coverage. Spitzer told the Guardian he hopes that if the public can "feel solidarity with the refugees" as a result of visiting the exhibit, people will start to question the lack of information provided to Americans. The purpose of the exhibit isn’t to receive donations or recruit members, but simply, Spitzer said, "to educate" — regardless of whether the attendee "goes on to volunteer or become politically active or simply raises consciousness among their friends and family."

The MSF Web site is full of comments from people who were in some way altered or illuminated by the tour. Apoorva Balakrishnan, a University of Manitoba student, wrote, "I felt in a slump about my medical studies — so much biochemistry and details that seemed so pointless. This exhibit reminded me of the real reason I am becoming a doctor: people."

Another note, signed "Alec," says: "Some people have yet to realize what happens in the world around them. I came to this camp. Now I am no longer one of those people. "

One anonymous author summed up his reaction in two words: "I’m speechless."

Endorsements 2008: San Francisco measures

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SAN FRANCISCO MEASURES

Proposition A

San Francisco General Hospital bonds

YES, YES, YES


This critically needed $887 million bond would be used to rebuild the San Francisco General Hospital and Trauma Center, which is currently not up to seismic safety codes. If the hospital isn’t brought into seismic compliance by 2013, the state has threatened to shut it down.

Proposition A has the support of just about everyone in town: Sen. Dianne Feinstein, Rep. Nancy Pelosi, all four state legislators from San Francisco, Mayor Gavin Newsom, former mayors Willie Brown and Frank Jordan, all 11 supervisors, the San Francisco Chamber of Commerce, Service Employees International Union, Local 1021 … the list goes on and on.

And for good reason: SF General is not only the hospital of last resort for many San Franciscans and the linchpin of the entire Healthy San Francisco system. It’s also the only trauma center in the area. Without SF General, trauma patients would have to travel to Palo Alto for the nearest available facility.

Just about the only opposition is coming from the Coalition for Better Housing. This deep-pocketed landlord group is threatening to sink the hospital bond unless it gets concessions on Sup. Michela Alioto-Pier’s legislation that would allow landlords to pass the costs of the $4 billion rebuild of the city’s Hetch Hetchy water, sewage, and power system through to their tenants.

These deplorable tactics should make voters, most of whom are tenants, even more determined to see Prop. A pass. Vote yes.

Proposition B

Affordable housing fund

YES, YES, YES


Housing isn’t just the most contentious issue in San Francisco; it’s the defining issue, the one that will determine whether the city of tomorrow bears any resemblance to the city of today.

San Francisco is on the brink of becoming a city of the rich and only the rich, a bedroom community for Silicon Valley and an urban nest for wealthy retirees. Some 90 percent of current city residents can’t afford the cost of a median-priced house, and working-class people are getting displaced by the day. Tenants are thrown out when their rent-controlled apartments are converted to condos. Young families find they can’t rent or buy a place with enough room for kids and are forced to move to the far suburbs. Seniors and people on fixed incomes find there are virtually no housing choices for them in the market, and many wind up on the streets. Small businesses suffer because their employees can’t afford to live here; the environment suffers because so many San Francisco workers must commute long distances to find affordable housing.

And meanwhile, the city continues to allow developers to build million-dollar condos for the rich.

Proposition B alone won’t solve the problem, but it would be a major first step. The measure would set aside a small percentage of the city’s property-tax revenue — enough to generate about $33 million a year — for affordable housing. It would set a baseline appropriation to defend the money the city currently spends on housing. It would expire in 15 years.

Given the state of the city’s housing crisis, $33 million is a fairly modest sum — but with a guaranteed funding stream, the city can seek matching federal and state funds and leverage that over 15 years into billions of dollars to build housing for everyone from very low-income people to middle-class families.

Prop. B doesn’t raise taxes, and if the two revenue measures on the ballot, Propositions N and Q, pass, there will be more than enough money to fund it without any impact on city services.

The mayor and some other conservative critics say that set-asides such as this one cripple the ability of elected officials to make tough budget choices. But money for affordable housing isn’t a choice anymore in San Francisco; it’s a necessity. If the city can’t take dramatic steps to retain its lower-income and working-class residents, the city as we know it will cease to exist. A city of the rich is not only an appalling concept; it’s simply unsustainable.

The private market alone can’t solve San Francisco’s housing crisis. Vote yes on B.

Proposition C

Ban city employees from commissions

NO


Proposition C would prohibit city employees from serving on boards and commissions. Sponsored by Sup. Jake McGoldrick, it seems to make logical sense — why should a city department head, for example, sit on a policy panel that oversees city departments?

But the flaw in Prop. C is that it excludes all city employees, not just senior managers. We see no reason why, for example, a frontline city gardener or nurse should be barred from ever serving on a board or commission. We’re opposing this now, but we urge the supervisors to come back with a new version that applies only to employees who are exempt from civil service — that is, managers and political appointees.

Proposition D

Financing Pier 70 waterfront district

YES


Pier 70 was once the launching pad for America’s imperial ambitions in the Pacific, but it’s sadly fallen into disrepair, like most Port of San Francisco property. The site’s historic significance and potential for economic development (think Monterey’s Cannery Row) have led port officials and all 11 members of the Board of Supervisors to put forward this proposal to prime the pump with a public infrastructure investment that would be paid back with interest.

The measure would authorize the Board of Supervisors to enter into long-term leases consistent with the forthcoming land use and fiscal plans for the site, and to front the money for development of roads and waterfront parks, refurbishing Union Iron Works, and other infrastructure work, all of which would be paid back through tax revenue generated by development of the dormant site. It’s a good deal. Vote yes.

Proposition E

Recall reform

YES


The recall is an important tool that dates back to the state’s progressive era, but San Francisco’s low signature threshold for removing an officeholder makes it subject to abuse. That’s why the Guardian called for this reform ("Reform the Recall," 6/13/07) last year when downtown interests were funding simultaneous recall efforts (promoted by single-issue interest groups) against three progressive supervisors: Jake McGoldrick, Aaron Peskin, and Chris Daly. The efforts weren’t successful, but they diverted time and energy away from the important work of running the city.

This measure would bring the City Charter into conformity with state law, raising the signature threshold from 10 percent of registered voters to 20 percent in most supervisorial districts, and leaving it at 10 percent for citywide office. The sliding-scale state standard is what most California counties use, offering citizens a way to remove unaccountable representatives without letting a fringe-group recall be used as an extortive threat against elected officials who make difficult decisions that don’t please everyone.

Proposition F

Mayoral election in even-numbered years

YES


This one’s a close call, and there are good arguments on both sides. Sponsored by Sup. Jake McGoldrick, Proposition F would move mayoral elections to the same year as presidential elections. The pros: Increased turnout, which tends to favor progressive candidates, and some savings to the city from the elimination of an off-year election. The cons: The mayor’s race might be eclipsed by the presidential campaigns. In a city where the major daily paper and TV stations have a hard time covering local elections in the best of times, the public could miss out on any real scrutiny of mayoral candidates.

Here’s what convinced us: San Francisco hasn’t elected a true progressive mayor in decades. The system we have isn’t working; it’s worth trying something else.

Proposition G

Retirement system credit for unpaid parental leave

YES


Proposition G brings equity to city employees who started families before July 1, 2003. Currently this group is unable to benefit from a 2002 charter amendment that provides city employees with paid parental leave. Prop. G gives these parents the opportunity to buy back unpaid parental leave and earn retirement credits for that period.

Critics charge that Prop. G changes the underlying premise of the city’s retirement plan and that this attempt to cure a perceived disparity creates a precedent whereby voters could be asked to remedy disparities anytime benefit changes are made. They claim that there are no guarantees Prop. G won’t end up costing the taxpayers money.

But Prop. G, which is supported by the San Francisco Democratic and Republican Parties, the Chamber of Commerce, SEIU Local 1021, the Police Officers Association, and San Francisco Firefighters 798, simply allows city workers to buy back at their own expense some of their missed retirement benefits, thereby creating a fiscally responsible solution to an oversight in the 2003 charter amendment.

Proposition H

Clean Energy Act

YES, YES, YES


Proposition H is long, long overdue. This charter amendment would require the city to study how to efficiently and affordably achieve 51 percent renewable energy by 2017, scaled up to 100 percent by 2040. Should the study find that a publicly owned utility infrastructure would be most effective, it would allow the San Francisco Public Utilities Commission (SFPUC) to issue revenue bonds, with approval from the Board of Supervisors, to purchase the necessary lines, poles, and power-generation facilities. The measure includes a green jobs initiative and safeguards benefits and retirement packages for employees who leave Pacific Gas and Electric Co. to work for the SFPUC.

PG&E hates this because it could put the giant private company out of business in San Francisco, and the company has already spent millions of dollars spreading false information about the measure. PG&E says the proposal would cost $4 billion and raise electric bills by $400 a year for residents, but there’s no verifiable proof that these figures are accurate. An analysis done by the Guardian (see "Cleaner and Cheaper," 9/10/08) shows that rates could actually be reduced and the city would still generate excess revenue.

PG&E has also spun issuing revenue bonds without a vote of the people as a bad thing — it’s not. Other city departments already issue revenue bonds without a vote. The solvency of revenue bonds is based on a guaranteed revenue stream — that is, the city would pay back the bonds with the money it makes selling electricity. There’s no cost and no risk to the taxpayers. In fact, unless the city can prove that enough money would be generated to cover the cost of the bond plus interest, the bond won’t fly with investors.

At a time when utility companies are clinging to old technologies or hoping for pie-in-the-sky solutions like "clean coal," this measure is desperately needed and would set a precedent for the country. Environmental leaders like Bill McKibben and Van Jones, who both endorsed the bill, are watching San Francisco closely on this. Prop. H has been endorsed by 8 of the 11 supervisors, Assemblymembers Mark Leno and Fiona Ma, state senator Carole Migden, the Democratic Party, the Green Party, SEIU Local 1021, the Sierra Club, Senior Action Network, the Harvey Milk LGBT Democratic Club, the Alice B. Toklas LGBT Democratic Club, and the San Francisco Tenants Union, among many others.

The bulk of the opposition comes from PG&E, which is entirely funding the No on H campaign and paid for 22 of 30 ballot arguments against it. The company also has given money, in one way or another, to all the public officials who oppose this measure, including Mayor Gavin Newsom, Sen. Dianne Feinstein, and Sups. Michela Alioto-Pier, Carmen Chu, and Sean Elsbernd.

Prop. H pits a utility that can’t meet the state’s modest renewable-energy goals and runs a nuclear power plant against every environmental group and leader in town. Vote yes.

Proposition I

Independent ratepayer advocate

NO


At face value, this measure isn’t bad, but it’s superfluous. It’s a charter amendment that would establish an independent ratepayer advocate, appointed by the city administrator and tasked with advising the SFPUC on all things related to utility rates and revenue. Passing Prop. H would do that too.

Proposition I was put on the ballot by Sup. Michela Alioto-Pier as a way to save face after her ardent opposition to the city’s plan to build two peaker power plants, in which she made impassioned pleas for more renewable energy and more energy oversight. (She opposes Prop. H, which would create both.) During the debate over the peaker power plants, Alioto-Pier introduced a variety of bills, including this one. There isn’t any visible campaign or opposition to it, but there’s no need for it. Vote yes on H, and no on I.

Proposition J

Historic preservation commission

YES


There’s something in this measure for everyone to like, both the developers who seek to alter historic buildings and the preservationists who often oppose them. It adopts the best practices of other major US cities and updates 40-year-old rules that govern the Landmark Preservation Advisory Board.

Proposition J, sponsored by Sup. Aaron Peskin, would replace that nine-member board with a seven-member commission that would have a bit more authority and whose members would be preservation experts appointed by the mayor, approved by the board, and serving fixed terms to avoid political pressures. It would set review standards that vary by project type, allowing streamlined staff-level approval for small projects and direct appeals to the Board of Supervisors for big, controversial proposals.

This was a collaborative proposal with buy-in from all stakeholders, and it’s formally opposed only by the Small Property Owners of San Francisco, an extremist property rights group. Vote yes.

Proposition K

Decriminalizing sex work

YES


We’re not big fans of vice laws; generally speaking, we’ve always believed that drugs, gambling, and prostitution ought to be legalized, tightly regulated, and heavily taxed. Proposition K doesn’t go that far — all it does is make enforcement of the prostitution laws a low priority for the San Francisco Police Department. It would effectively cut off funding for prostitution busts — but would require the cops to pursue cases involving violent crime against sex workers.

The opponents of this measure talk about women who are coerced into sex work, particularly immigrants who are smuggled into the country and forced into the trade. That’s a serious problem in San Francisco. But the sex workers who put this measure on the ballot argue that taking the profession out of the shadows would actually help the police crack down on sex trafficking.

In fact, a significant part of the crime problem created by sex work involves crimes against the workers — violent and abusive pimps, atrocious working conditions, thefts and beatings by johns who face no consequences because the sex workers face arrest if they go to the police.

The current system clearly isn’t working. Vote yes on K.

Proposition L

Funding the Community Justice Center

NO


This measure is an unnecessary and wasteful political gimmick by Mayor Newsom and his downtown allies. Newsom has long pushed the Community Justice Center (CJC) as a panacea for quality-of-life crimes in the Tenderloin and surrounding areas, where the new court would ostensibly offer defendants immediate access to social service programs in lieu of incarceration. Some members of the Board of Supervisors resisted the idea, noting that it singles out poor people and that the services it purports to offer have been decimated by budget shortfalls. Nonetheless, after restoring deep cuts in services proposed by the mayor, the board decided to go ahead and fund the CJC.

But the mayor needed an issue to grandstand on this election, so he placed this measure on the ballot. All Proposition L would do is fund the center at $2.75 million for its first year of operations, rather than the approved $2.62 million. We’d prefer to see all that money go to social services rather than an unnecessary new courtroom, but it doesn’t — the court is already funded. In the meantime, Prop. L would lock in CJC program details and prevent problems from being fixed by administrators or supervisors once the program is up and running. Even if you like the CJC, there’s no reason to make it inflexible simply so Newsom can keep ownership of it. Vote no.

Proposition M

Tenants’ rights

YES


Proposition M would amend the city’s rent-control law to prohibit landlords from harassing tenants. It would allow tenants to seek rent reductions if they’re being harassed.

Proponents — including the SF Tenants Union, the Housing Rights Committee, St. Peter’s Housing Committee, the Community Tenants Association, the Affordable Housing Alliance, the Eviction Defense Collaborative, and the Tenderloin Housing Clinic — argue that affordable, rent-controlled housing is being lost because landlords are allowed to drive long-term tenants from their rent-controlled homes. Citing the antics of one of San Francisco’s biggest landlords, CitiApartments, the tenant activists complain about repeated invasions of privacy, constant buyout offers, and baseless bogus eviction notices.

Because no language currently exists in the rent ordinance to define and protect tenants from harassment, landlords with well-documented histories of abuse have been able to act with impunity. Vote Yes on M.

Proposition N

Real property transfer tax

YES, YES, YES


Prop. N is one of a pair of measures designed to close loopholes in the city tax code and bring some badly needed new revenue into San Francisco’s coffers. The proposal, by Sup. Aaron Peskin, would increase to 1.5 percent the transfer tax on the sale of property worth more than $5 million. It would generate about $30 million a year.

Prop. N would mostly affect large commercial property sales; although San Francisco housing is expensive, very few homes sell for $5 million (and the people buying and selling the handful of ultra-luxury residences can well afford the extra tax). It’s a progressive tax — the impact will fall overwhelmingly on very wealthy people and big business — and this change is long overdue. Vote yes.

Proposition O

Emergency response fee

YES, YES, YES


With dozens of state and local measures on the ballot this year, Proposition O is not getting much notice — but it’s a big deal. If it doesn’t pass, the city could lose more than $80 million a year. With the economy tanking and the city already running structural deficits and cutting essential services, that kind of hit to the budget would be catastrophic. That’s why the mayor, all 11 supervisors, and both the Republican and Democratic Parties support Prop. O.

The text of the measure is confusing and difficult to penetrate because it deals mainly with legal semantics. It’s on the ballot because of arcane legal issues that might make it hard for the city to enforce an existing fee in the future.

But here’s the bottom line: Prop. O would not raise taxes or increase the fees most people already pay. It would simply replace what was a modest "fee" of a couple of bucks a month to fund 911 services with an identical "tax" for the same amount, while also updating the technical definition of what constitutes a phone line from a now defunct 1970s-era statute. The only people who might wind up paying any new costs are commercial users of voice-over-internet services.

It’s very simple. If Prop. O passes, the vast majority of us won’t pay anything extra and the city won’t have to make $80 to $85 million more in cuts to things like health care, crime prevention, and street maintenance. That sounds like a pretty good deal to us. Vote yes.

Proposition P

Transportation Authority changes

NO, NO, NO


Mayor Gavin Newsom is hoping voters will be fooled by his argument that Proposition P, which would change the size and composition of the San Francisco County Transportation Authority, would lead to more efficiency and accountability.

But as Prop. P’s opponents — including all 11 supervisors, the San Francisco Planning and Urban Research Association, and the Sierra Club — point out, the measure would put billions of taxpayer dollars in the hands of political appointees, thus removing independent oversight of local transportation projects.

The Board of Supervisors, which currently serves as the governing body of the small but powerful, voter-created Transportation Authority, has done a good job of acting as a watchdog for local sales-tax revenues earmarked for transportation projects and administering state and federal transportation funding for new projects. The way things stand, the mayor effectively controls Muni, and the board effectively controls the Transportation Authority, providing a tried and tested system of checks and balances that gives all 11 districts equal representation. There is no good reason to upset this apple cart. Vote No on P.

Proposition Q

Modifying the payroll tax

YES, YES, YES


Proposition Q would close a major loophole that allows big law firms, architecture firms, medical partnerships, and other lucrative outfits to avoid paying the city’s main business tax. San Francisco collects money from businesses largely through a 1.5 percent tax on payroll. It’s not a perfect system, and we’d like to see a more progressive tax (why should big and small companies pay the same percentage tax?). But even the current system has a giant problem that costs the city millions of dollars a year.

The law applies to the money companies pay their employees. But in a fair number of professional operations, the highest-paid people are considered "partners" and their income is considered profit-sharing, not pay. So the city’s biggest law firms, where partners take home hundreds of thousands of dollars a year in compensation, pay no city tax on that money.

Prop. Q would close that loophole and treat partnership income as taxable payroll. It would also exempt small businesses (with payrolls of less than $250,000 a year) from any tax at all.

The proposal would bring at least $10 million a year into the city and stop certain types of businesses from ducking their share of the tax burden. Vote yes.

Proposition R

Naming sewage plant after Bush

NO


This one has tremendous emotional and humor appeal. It would officially rename the Oceanside Water Pollution Control Plant the George W. Bush Sewage Plant. That would put San Francisco in the position of creating the first official memorial to the worst president of our time — and his name would be on a sewage plant.

The problem — not to be killjoys — is that sewage treatment is actually a pretty important environmental concern, and the Oceanside plant is a pretty good sewage treatment plant. It’s insulting to the plant, and the people who work there, to put the name of an environmental villain on the door.

Let’s name something awful after Bush. Vote no on Prop. R.

Proposition S

Budget set-aside policy

NO


This measure is yet another meaningless gimmick that has more to do with Mayor Newsom’s political ambitions than good governance.

For the record, we generally don’t like budget set-aside measures, which can unnecessarily encumber financial planning and restrict elected officials from setting budget priorities. But in this no-new-taxes political era, set-asides are sometimes the only way to guarantee that important priorities get funding from the static revenue pool. Newsom agrees — and has supported set-asides for schools, libraries, and other popular priorities.

Now he claims to want to rein that in, although all this measure would do is state whether a proposal identifies a funding source or violates a couple of other unenforceable standards. Vote no.

Proposition T

Free and low-cost substance abuse treatment

YES


Proposition T would require the Department of Public Health (DPH) to make medical and residential substance abuse treatment available for low-income and homeless people who request it. DPH already offers treatment and does it well, but there’s a wait list 500 people long — and when addicts finally admit they need help and show up for treatment, the last thing the city should do is send them away and make them wait.

Prop. T would expand the program to fill that unmet need. The controller estimates an annual cost to the General Fund of $7 million to $13 million, but proponents say the upfront cost would lead to significant savings later. For every dollar spent on treatment, the city saves as much as $13 because clinical treatment for addictive disorders is cheaper than visits to the emergency room, where many low-income and homeless people end up when their untreated problems reach critical levels.

This ordinance was put on the ballot by Sups. Daly, McGoldrick, Mirkarimi, and Peskin, and has no visible opposition, although some proponents frame it as a way to achieve what the Community Justice Center only promises. Vote yes.

Proposition U

Defunding the Iraq War

YES


Proposition U is a declaration of policy designed to send a message to the city’s congressional representatives that San Francisco disproves of any further funding of the war in Iraq, excepting whatever money is required to bring the troops home safely.

The progressive block of supervisors put this on the ballot, and according to their proponent argument in the Voter Information Pamphlet, the Iraq War has cost California $68 billion and San Francisco $1.8 billion. The Republican Party is the lone voice against this measure. Vote yes.

Proposition V

Bringing back JROTC

NO, NO, NO


The San Francisco school board last year voted to end its Junior Reserve Officers’ Training Corps program, which was the right move. A military-recruitment program — and make no mistake, that’s exactly what JROTC is — has no place in the San Francisco public schools. The board could have done a better job finding a replacement program, but there are plenty of options out there.

In the meantime, a group of JROTC backers placed Proposition V on the ballot.

The measure would have no legal authority; it would just be a statement of policy. Supporters say they hope it will pressure the school board to restore the program. In reality, this is a downtown- and Republican-led effort to hurt progressive candidates in swing districts where JROTC might be popular. Vote no.

>>More Endorsements 2008

Endorsements 2008: San Francisco races

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SAN FRANCISCO RACES

Board of Supervisors

District 1

ERIC MAR


The incumbent District 1 supervisor, Jake McGoldrick, likes to joke that he holds his seat only because Eric Mar’s house burned down eight years ago. Back then Mar, who has had a stellar career on the school board, decided to wait before seeking higher office.

But now McGoldrick — overall a good supervisor who was wrong on a few key votes — is termed out, and progressive San Francisco is pretty much unanimous in supporting Mar as his successor.

Mar, a soft-spoken San Francisco State University teacher, was a strong critic of former school superintendent Arlene Ackerman and a leader in the battle to get the somewhat dictatorial and autocratic administrator out of the district. He’s been a key part of the progressive majority that’s made substantial progress in improving the San Francisco public schools.

He’s a perfect candidate for District 1. He has strong ties to the district and its heavily Asian population. He’s a sensible progressive with solid stands on the key issues and a proven ability to get things done. He supports the affordable housing measure, Proposition B; the Clean Energy Act, Proposition H; and the major new revenue measures. He’s sensitive to tenant issues, understands the need for a profound new approach to affordable housing, and wants to solve the city’s structural budget problems with new revenue, not just cuts.

His chief opponent, Sue Lee, who works for the Chamber of Commerce, doesn’t support Prop. H and won’t even commit to supporting district elections. She ducked a lot of our questions and was either intentionally vague or really has no idea what she would do as a supervisor. She’s no choice for the district, and we found no other credible candidates worthy of our endorsement. Vote for Eric Mar.

District 3

1. DAVID CHIU


2. DENISE MCCARTHY


3. TONY GANTNER


The danger in this district is Joe Alioto. He’s smooth, he’s slick, he’s well funded — and he would be a disaster for San Francisco. Make no mistake about it, Alioto is the candidate of downtown — and thanks to his famous name and wads of big-business cash, he’s a serious contender.

Two progressive candidates have a chance at winning this seat and keeping Alioto off the board. David Chiu is a member of the Small Business Commission (SBC) and the Democratic County Central Committee (DCCC) and is a former civil rights lawyer who now manages a company that sells campaign software. Denise McCarthy ran the Telegraph Hill Neighborhood Center for 25 years and spent 7 years on the Port Commission.

Tony Gantner, a retired lawyer, is also in the race, although he is running well behind the others in the polls.

We have concerns about all the candidates. Chiu has a solid progressive record as a commissioner and committee member: He was one of only two SBC members who supported the living-wage ordinance and Sup. Tom Ammiano’s city health care plan. He backed Sup. Aaron Peskin, his political mentor, for chair of the DCCC. He backs Prop. H, supports the two revenue measures and the affordable-housing fund, and wants to give local small businesses a leg up in winning city contracts. He has some creative ideas about housing, including a community stabilization fee on new development.

He’s also a partner in a company that received $143,000 last year from PG&E and that has worked with Republicans and some nasty business interests.

Chiu says he doesn’t get to call all the shots at Grassroots Enterprises, which he cofounded. He describes the firm as a software-licensing operation, which isn’t exactly true — the company’s own Web site brags about its ability to offer broad-based political consulting and communication services.

But Chiu vowed to resign from the company if elected, and given his strong record on progressive issues, we’re willing to take a chance on him.

McCarthy has a long history in the neighborhood, and we like her community perspective. She supports Prop. H and the affordable-housing measure. She’s a little weak on key issues like the city budget — she told us she "hadn’t been fully briefed," although the budget is a public document and the debate over closing a massive structural deficit ought to be a central part of any supervisorial campaign. And while she said there "have to be some new taxes," she was very vague on where new revenue would come from and what specifically she would be willing to cut. She supported Gavin Newsom for mayor in 2003 and told us she doesn’t think that was a bad decision. It was. But she has by far the strongest community ties of any candidate in District 3. She’s accessible (even listing her home phone number in her campaign material), and after her years on the Port Commission, she understands land-use issues.

Gantner has been a supporter of the Clean Energy Act from the start and showed up for the early organizing meetings. He has the support of the Sierra Club and San Francisco Tomorrow and talks a lot about neighborhood beatification. But we’re a little nervous about his law-and-order positions, particularly his desire to crack down on fairs and festivals and his strong insistence that club promoters are responsible for all the problems on the streets.

But in the end, Chiu, McCarthy, and Gantner are all acceptable candidates, and Joe Alioto is not. Fill your slate with these three.

District 4

DAVE FERGUSON


What a mess.

We acknowledge that this is one of the more conservative districts in the city. But the incumbent, Carmen Chu, and her main opponent, Ron Dudum, are terrible disappointments.

It’s possible to be a principled conservative in San Francisco and still win progressive respect. We often disagreed over the years with Quentin Kopp, the former supervisor, state senator, and judge, but we never doubted his independence, sincerity, or political skills. Sean Elsbernd, who represents District 7, is wrong on most of the key issues, but he presents intelligent arguments, is willing to listen, and isn’t simply a blind loyalist of the mayor.

Chu has none of those redeeming qualities. She ducks questions, waffles on issues, and shows that she’s willing to do whatever the powerful interests want. When PG&E needed a front person to carry the torch against the Clean Energy Act, Chu was all too willing: she gave the corrupt utility permission to use her name and face on campaign flyers, signed on to a statement written by PG&E’s political flak, and permanently disgraced herself. She says that most of the problems in the city budget should be addressed with cuts, particularly cuts in public health and public works, but she was unable to offer any specifics. She refused to support the measure increasing the transfer tax on property sales of more than $5 million, saying that she didn’t want to create "a disincentive to those sales taking place." We asked her if she had ever disagreed with Newsom, who appointed her, and she could point to only two examples: she opposed his efforts to limit cigarette sales in pharmacies, and she opposed Saturday road closures in Golden Gate Park. In other words, the only times she doesn’t march in lockstep with the mayor is when Newsom actually does something somewhat progressive. We can’t possibly endorse her.

Dudum, who ran a small business and tried for this office two years ago, continues to baffle us. He won’t take a position on anything. Actually, that’s not true — he’s opposed to the Clean Energy Act. Other than that, it’s impossible to figure out where he stands on anything or what he would do to address any of the city’s problems. (An example: When we asked him what to do about the illegal second units that have proliferated in the district, he said he’d solve the problem in two years. How? He couldn’t say.) We like Dudum’s small-business sentiments and his independence, but until he’s willing to take some stands and offer some solutions, we can’t support him.

Which leaves Dave Ferguson.

Ferguson is a public school teacher with little political experience. He’s a landlord, and not terribly good on tenant issues (he said he supported rent control when he was a renter, but now that he owns a four-unit building, he’s changed his mind). But he supports Prop. H, supports Prop. B, supports the revenue measures, and has a neighborhood sensibility. Ferguson is a long shot, but he’s the only candidate who made anything approaching a case for our endorsement.

District 5

ROSS MIRKARIMI


Mirkarimi won this seat four years ago after a heated race in a crowded field, and he’s quickly emerged as one of the city’s most promising progressive leaders. He understands that a district supervisor needs to take on tough citywide issues (he’s the lead author of the Clean Energy Act and won a surprisingly tough battle to ban plastic bags in big supermarkets) as well as dealing with neighborhood concerns. Mirkarimi helped soften a terrible plan for developing the old UC Extension site and fought hard to save John Swett School from closure.

But the area in which he’s most distinguished himself is preventing violent crime — something progressives have traditionally had trouble with. Four years ago, District 5 was plagued with terrible violence: murders took place with impunity, the police seemed unable to respond, and the African American community was both furious and terrified. Mirkarimi took the problem on with energy and creativity, demanding (and winning, despite mayoral vetoes) police foot patrols and community policing. Thanks to his leadership, violent crime is down significantly in the district — and the left in San Francisco has started to develop a progressive agenda for the crime problem.

He has no serious opposition, and richly deserves reelection.

District 7

SEAN ELSBERND


We rarely see eye to eye with the District 7 incumbent. He’s on the wrong side of most of the key votes on the board. He’s opposing the affordable housing measure, Prop. B. He’s opposed to the Clean Energy Act, Prop. H. It’s annoying to see someone who presents himself as a neighborhood supervisor siding with PG&E and downtown over and over again.

But Elsbernd is smart and consistent. He’s a fiscal conservative with enough integrity that he isn’t always a call-up vote for the mayor. He’s accessible to his constituents and willing to engage with people who disagree with him. The progressives on the board don’t like the way he votes — but they respect his intelligence and credibility.

Unlike many of the candidates this year, Elsbernd seems to understand the basic structural problem with the city budget, and he realizes that the deficit can’t be reduced just with spending cuts. He’s never going to be a progressive vote, but this conservative district could do worse.

District 9

1. DAVID CAMPOS


2. ERIC QUEZADA


3. MARK SANCHEZ


The race to succeed Tom Ammiano, who served this district with distinction and is now headed for the State Legislature, is a case study in the advantages of district elections and ranked-choice voting. Three strong progressive candidates are running, and the Mission–Bernal Heights area would be well served by any of them. So far, the candidates have behaved well, mostly talking about their own strengths and not trashing their opponents.

The choice was tough for us — we like David Campos, Eric Quezada, and Mark Sanchez, and we’d be pleased to see any of them in City Hall. It’s the kind of problem we wish other districts faced: District 9 will almost certainly wind up with one of these three stellar candidates. All three are Latinos with a strong commitment to immigrant rights. All three have strong ties to the neighborhoods. Two are openly gay, and one is a parent. All three have endorsements from strong progressive political leaders and groups. All three have significant political and policy experience and have proven themselves accessible and accountable.

And since it’s almost inconceivable that any of the three will collect more than half of the first-place votes, the second-place and third-place tallies will be critical.

Campos, a member of the Police Commission and former school district general counsel, arrived in the United States as an undocumented immigrant at 14. He made it to Stanford University and Harvard Law School and has worked as a deputy city attorney (who helped the city sue PG&E) and as a school district lawyer. He’s been a progressive on the Police Commission, pushing for better citizen oversight and professional police practices. To his credit, he’s stood up to (and often infuriated) the Police Officers’ Association, which is often a foe of reform.

Campos doesn’t have extensive background in land-use issues, but he has good instincts. He told us he’s convinced that developers can be forced to provide as much as 50 percent affordable housing, and he thinks the Eastern Neighborhoods Plan lacks adequate low-cost units. He supports the revenue measures on the ballot and wants to see big business paying a fair share of the tax burden. He argues persuasively that crime has to become a progressive issue, and focuses on root causes rather than punitive programs. Campos has shown political courage in key votes — he supported Theresa Sparks for Police Commission president, a move that caused Louise Renne, the other contender, to storm out of the room in a fit of cursing. He backed Aaron Peskin for Democratic Party chair despite immense pressure to go with his personal friend Scott Weiner. Ammiano argues that Campos has the right qualities to serve on the board — particularly the ability to get six votes for legislation — and we agree.

Eric Quezada has spent his entire adult life fighting gentrification and displacement in the Mission. He’s worked at nonprofit affordable-housing providers, currently runs a homeless program, and was a cofounder of the Mission Anti-Displacement Coalition. Although he’s never held public office, he has far more experience with the pivotal issues of housing and land use than the other two progressive candidates.

Quezada has the support of Sup. Chris Daly (although he doesn’t have Daly’s temper; he’s a soft-spoken person more prone to civil discussion than fiery rhetoric). If elected, he would carry on Daly’s tradition of using his office not just for legislation but also as an organizing center for progressive movements. He’s not as experienced in budget issues and was a little vague about how to solve the city’s structural deficit, but he would also make an excellent supervisor.

Mark Sanchez, the only Green Party member of the three, is a grade-school teacher who has done a tremendous job as president of the San Francisco school board. He’s helped turn that panel from a fractious and often paralyzed political mess into a strong, functioning operation that just hired a top-notch new superintendent. He vows to continue as an education advocate on the Board of Supervisors.

He told us he thinks he can be effective by building coalitions; he already has a good working relationship with Newsom. He’s managed a $500 million budget and has good ideas on both the revenue and the spending side — he thinks too much money goes to programs like golf courses, the symphony, and the opera, whose clients can afford to cover more of the cost themselves. He wants a downtown congestion fee and would turn Market Street into a pedestrian mall. Like Campos, he would need some education on land-use issues (and we’re distressed that he supports Newsom’s Community Justice Center), but he has all the right political instincts. He has the strong support of Sup. Ross Mirkarimi. We would be pleased to see him on the Board of Supervisors.

We’ve ranked our choices in the order we think best reflects the needs of the district and the city. But we also recognize that the progressive community is split here (SEIU Local 1021 endorsed all three, with no ranking), and we have nothing bad to say about any of these three contenders. The important thing is that one of them win; vote for Campos, Quezada, and Sanchez — in that order, or in whatever order makes sense for you. Just vote for all three.

District 11

1. JOHN AVALOS


2. RANDY KNOX


3. JULIO RAMOS


This is one of those swing districts where either a progressive or a moderate could win. The incumbent, Gerardo Sandoval, who had good moments and not-so-good moments but was generally in the progressive camp, is termed out and running for judge.

The strongest and best candidate to succeed him is John Avalos. There are two other credible contenders, Randy Knox and Julio Ramos — and one serious disaster, Ahsha Safai.

Avalos has a long history of public-interest work. He’s worked for Coleman Advocates for Children and Youth, for the Justice for Janitors campaign, and as an aide to Sup. Chris Daly. Since Daly has served on the Budget Committee, and at one point chaired it, Avalos has far more familiarity with the city budget than any of the other candidates. He understands that the city needs major structural reforms in how revenue is collected, and he’s full of new revenue ideas. Among other things, he suggests that the city work with San Mateo County to create a regional park district that could get state funds (and could turn McLaren Park into a destination spot).

He has a good perspective on crime (he supports community policing along with more police accountability) and wants to put resources into outreach for kids who are at risk for gang activity. He was the staff person who wrote Daly’s 2006 violence prevention plan. He wants to see more affordable housing and fewer luxury condos in the eastern neighborhoods and supports a congestion fee for downtown. With his experience both at City Hall and in community-based organizations, Avalos is the clear choice for this seat.

Randy Knox, a criminal defense lawyer and former member of the Board of Appeals, describes himself as "the other progressive candidate." He supports Prop. H and the affordable-housing fund. He links the crime problem to the fact that the police don’t have strong ties to the community, and wants to look for financial incentives to encourage cops to live in the city. He wants to roll back parking meter rates and reduce the cost of parking tickets in the neighborhoods, which is a populist stand — but that money goes to Muni, and he’s not sure how to replace it. He does support a downtown congestion fee.

Knox wasn’t exactly an anti-developer stalwart on the Board of Appeals, but we’ll endorse him in the second slot.

Julio Ramos has been one of the better members of a terrible community college board. He’s occasionally spoken up against corruption and has been mostly allied with the board’s progressive minority. He wants to build teacher and student housing on the reservoir adjacent to City College. He suggests that the city create mortgage assistance programs and help people who are facing foreclosure. He suggests raising the hotel tax to bring in more money. He supports public power and worked at the California Public Utilities Commission’s Division of Ratepayer Advocates, where he tangled with PG&E.

We’re backing three candidates in this district in part because it’s critical that Safai, the candidate of Mayor Newsom, downtown, and the landlords, doesn’t get elected. Safai (who refused to meet with our editorial board) is cynically using JROTC as a wedge against the progressives, even though the Board of Supervisors does not have, and will never have, a role in deciding the future of that program. He needs to be defeated, and the best way to do that is to vote for Avalos, Knox, and Ramos.

Board of Education

SANDRA FEWER


NORMAN YEE


BARBARA LOPEZ


KIMBERLY WICOFF


Two of the stalwart progressive leaders on the San Francisco School Board — Mark Sanchez and Eric Mar — are stepping down to run for supervisor. That’s a huge loss, since Mar and Sanchez were instrumental in getting rid of the autocratic Arlene Ackerman, replacing her with a strong new leader and ending years of acrimony on the board. The schools are improving dramatically — this year, for the first time in ages, enrollment in kindergarten actually went up. It’s important that the progressive policies Mar and Sanchez promoted continue.

Sandra Fewer is almost everyone’s first choice for the board. A parent who sent three kids to the San Francisco public schools, she’s done an almost unbelievable amount of volunteer work, serving as a PTA president for 12 terms. She currently works as education policy director at Coleman Advocates for Children and Youth. She knows the district, she knows the community, she’s full of energy and ideas, and she has the support of seven members of the Board of Supervisors and five of the seven current school board members.

Fewer supports the new superintendent and agrees that the public schools are getting better, but she’s not afraid to point out the problems and failures: She notes that other districts with less money are doing better. She wants to make the enrollment process more accessible to working parents and told us that race ought to be used as a factor in enrollment if that will help desegregate the schools and address the achievement gap. She’s against JROTC in the schools.

We’re a little concerned that Fewer talks about using district real estate as a revenue source — selling public property is always a bad idea. But she’s a great candidate and we’re happy to endorse her.

Norman Yee, the only incumbent we’re endorsing, has been something of a mediator and a calming influence on an often-contentious board. He helped push for the 2006 facilities bond and the parcel tax to improve teacher pay. He’s helped raise $1 million from foundations for prekindergarten programs. He suggests that the district take the radical (and probably necessary) step of suing the state to demand adequate funding for education. Although he was under considerable pressure to support JROTC, he stood with the progressives to end the military program. He deserves another term.

Barbara "Bobbi" Lopez got into the race late and has been playing catch-up. She’s missed some key endorsements and has problems with accessibility. But she impressed us with her energy and her work with low-income parents. A former legal support worker at La Raza Centro Legal, she’s now an organizer at the Tenderloin Housing Clinic, working with immigrant parents. She’s fought to get subsidized Muni fares for SFUSD students. Her focus is on parent involvement — and while everyone talks about bringing parents, particularly low-income and immigrant parents, more directly into the education process, Lopez has direct experience in the area.

Kimberly Wicoff has a Stanford MBA, and you can tell — she talks in a sort of business-speak with lots of reference to "outcomes." She has no kids. But she’s currently working with a nonprofit that helps low-income families in Visitacion Valley and Hunters Point, and we liked her clearheaded approach to the achievement gap. Wicoff is a fan of what she calls community schools; she thinks a "great school in every neighborhood" can go a long way to solving the lingering issues around the enrollment process. That’s a bit of an ambitious goal, and we’re concerned about any move toward neighborhood schools that leads to resegregation. But Wicoff, who has the support of both Mark Sanchez and Mayor Newsom, brings a fresh problem-solving approach that we found appealing. And unlike Newsom, she’s against JROTC.

Jill Wynns, who has been on the board since 1992, has had a distinguished career, and we will never forget her leadership in the battle against privatizing public schools. But she was a supporter of former superintendent Ackerman even when Ackerman was trampling on open-government laws and intimidating students, parents, and staff critics, and she supports JROTC. It’s time for some new blood.

Rachel Norton, a parent and an advocate for special-education kids, has run an appealing campaign, but her support for the save-JROTC ballot measure disqualified her for our endorsement.

As a footnote: H. Brown, a blogger who can be a bit politically unhinged, has no business on the school board and we’re not really sure why he’s running. But he offered an interesting idea that has some merit: he suggests that the city offer free Muni passes and free parking to anyone who will volunteer to mentor an at-risk SFUSD student. Why not?

Community College Board

MILTON MARKS


CHRIS JACKSON


BRUCE WOLFE


There are four seats up for the seven-member panel that oversees the San Francisco Community College District, and we could only find three who merit endorsement. That’s a sad statement: City College is a local treasure, and it’s been badly run for years. The last chancellor, Phil Day, left under a cloud of corruption; under his administration, money was diverted from public coffers into a political campaign. The current board took bond money that the voters had earmarked for a performing arts center and shifted it to a gym — then found out that there wasn’t enough money in the operating budget to maintain the lavish facility. It’s a mess out there, and it needs to be cleaned up.

Fortunately, there are three strong candidates, and if they all win, the reformers will have a majority on the board.

Milton Marks is the only incumbent we’re supporting. He’s been one of the few board members willing to criticize the administration. He supports a sunshine policy for the district and believes the board needs to hold the chancellor accountable (that ought to be a basic principle of district governance, but at City College, it isn’t). He wants to push closer relations with the school board. He actually pays attention to the college budget and tries to make sure the money is spent the right way. He is pushing to reform the budget process to allow more openness and accountability.

Chris Jackson, a policy analyst at the San Francisco Labor Council, is full of energy and ideas. He wants to create an outreach center for City College at the public high schools. He also understands that the college district has done a terrible job working with neighborhoods and is calling for a comprehensive planning process. He understands the problems with the gym and the way the board shuffles money around, and he is committed to a more transparent budget process.

Jackson is also pushing to better use City College for workforce development, particularly in the biotech field, where a lot of the city’s new jobs will be created.

Jackson was president of the Associated Students at San Francisco State University, has been a member of the Youth Commission, and worked with Young Workers United on the city’s minimum-wage law. His experience, energy, and ideas make him an ideal candidate.

Bruce Wolfe attended City College after a workplace injury and served on the Associate Students Council. He knows both the good (City College has one of the best disability service programs in the state) and the bad (the school keeps issuing bonds to build facilities but doesn’t have the staff to keep them running). As a former member of the San Francisco Sunshine Ordinance Task Force, Wolfe is a strong advocate for open government, something desperately needed at the college district. He told us he thinks the college should agree to abide by the San Francisco Planning Code and is calling for a permanent inspector general to monitor administration practices and spending. He wants City College to start building housing for students. He has direct experience with the district and great ideas for improving it, and we’re happy to endorse him.

Incumbents Rodel Rodis and Natalie Berg are running for reelection; both have been a key part of the problem at City College, and we can’t endorse either of them. Steve Ngo, a civil rights lawyer, has the support of the Democratic Party, but we weren’t impressed by his candidacy. And he told us he opposes the Clean Energy Act.

Vote for Marks, Jackson, and Wolfe.

BART Board of Directors

With rising gasoline prices, congested roadways, and global warming, it’s now more important than ever to have an engaged and knowledgeable BART board that is willing to reform a system that effectively has San Francisco users subsidizing everyone else. That means developing a fare structure in which short trips within San Francisco or the East Bay urban centers are cheaper and longer trips are a bit more expensive. BART should also do away with free parking, which favors suburban drivers (who tend to be wealthier) over urban cyclists and pedestrians. San Francisco’s aging stations should then get the accessibility and amenity improvements they need—and at some point the board can even fund the late-night service that is long overdue. There are two candidates most capable of meeting these challenges:

District 7

LYNETTE SWEET


This district straddles San Francisco and the East Bay, and it’s crucial that San Francisco—which controls just three of the nine seats—retain its representative here. We would like to see Lynette Sweet more forcefully represent the interests of riders from San Francisco and support needed reforms such as civilian oversight of BART police. But she has a strong history of public service in San Francisco (having served on San Francisco’s taxi and redevelopment commissions before joining the BART board in 2003), and we’ll endorse her.

District 9

TOM RADULOVICH


Tom Radulovich is someone we’d love to clone and have run for every seat on the BART board, and perhaps every other transportation agency in the Bay Area. He’s smart and progressive, and he works hard to understand the complex problems facing our regional transportation system and then to develop and advocate for creative solutions. As executive director of the nonprofit Livable City, Radulovich is a leader of San Francisco’s alternative transportation brain trust, widely respected for walking the walk (and biking the bike—he doesn’t own a car) and setting an example for how to live and grow in the sustainable way this city and country needs.

>>More Guardian Endorsements 2008

The big landlords’ blackmail

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EDITORIAL The landlords who are threatening the San Francisco General Hospital bond are thugs, and the supervisors and the mayor need to hold firm and refuse to pay their blackmail.

It’s almost too amazing to believe — an organization financed and controlled by the biggest residential property owners in town is trying to hold Proposition A — without which the city’s entire public health system will collapse — hostage to an unrelated policy dispute.

The landlords, represented by the Coalition for Better Housing, want the city to let them pass increased sewer charges through to their tenants. The sewer charges, a 9 percent hike, will pay for the massive rebuild of the city’s aging water and sewer infrastructure.

The supervisors have been reluctant to allow the pass-through, and for good reason. Even in this slack housing market, landlords in San Francisco have a great deal. Rents are strong, even rising, as would-be homebuyers find it hard to get financing. Property values in this city seem immune to the market forces that are devastating housing markets elsewhere. And the big property owners who run the coalition can hardly claim they are having problems making ends meet — most own hundreds of units and are very wealthy. They’ve all done quite well, thank you, under the George W. Bush tax cuts. And they prosper under Proposition 13, which keeps their property taxes artificially low.

We have no sympathy at all for big landlords who complain about paying a few bucks extra for public services. And it’s staggering to think that some of the richest people in San Francisco would be whining about what amounts to about $6 a month increase per apartment.

But we’ve seen these same folks take greed to mind-bending levels in the past, and we’re seeing it again now. The landlord group has filed papers to oppose Prop. A — and while virtually every elected official and community group in the city agrees that rebuilding San Francisco General is a top priority, a bond act needs 66 percent of the vote. And while polls show support for Prop. A at more than 75 percent right now, a well-funded and deceptive landlord campaign could trim that margin by enough to sink the measure.

So the Mayor’s Office is pushing the supervisors hard to come up with a compromise that would let the landlords pass half the new sewage costs along to their tenants. That’s a bad idea, and the board should stay firm.

Property owners benefit when the city’s infrastructure is improved. They have immensely favorable tax laws as it is. And as the economy tanks, tenants are hurting much more than landlords.

There’s no good argument for allowing the pass-through — and there’s a very good argument for blocking it. If these thugs can threaten a popular and essential public works program just to make themselves a tiny bit richer, then the mayor and the supervisors will forever be vulnerable to this sort of threat.

The board needs to call the landlords’ bluff. If the Coalition for Better Housing really wants to undermine the central public health facility in San Francisco and take the only trauma center in the city off the map, then the mayor needs to stand up and expose these folks for who they are.

We’re with Sup. Aaron Peskin, who says he’s "not interested in negotiating with terrorists." The supervisors should reject the pass-through with extreme prejudice.

What are safe streets?

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› amanda@sfbg.com

The San Francisco Streets and Neighborhoods workgroup, convened by Mayor Gavin Newsom, sat down to its seventh meeting Sept. 9 "to analyze and understand the key issues impacting safety on our streets and formulate recommendations for needed improvement with the goal of creating a safe environment on our streets for everyone."

Some of the top dogs on public safety were at the table, including Police Chief Heather Fong, fire department Capt. Pete Howes, representatives from the district attorney and public defender’s offices, and Kevin Ryan of the Mayor’s Office of Criminal Justice, who co-chairs the group.

Were they here to discuss the recent spike in shootings in the Mission District? The murder of a Western Addition teenager three days earlier? The effectiveness of gang injunctions in those neighborhoods? The upcoming march on City Hall of students from June Jordan High School demanding leadership from the mayor on the rise in violence?

Not really. A quick survey of the agenda indicated most of the talk would be focused on another great threat to public safety: homeless people.

"One of the things we never talked about is what are the specific undesirable behaviors we’re focusing on," facilitator Gary Koenig said to the group. Wielding a dry-erase marker at the whiteboard, he probed further, "In other words, the objective we set for ourselves had to do with safety on the streets. So what are the objectionable behaviors that make the street unsafe or make the street be perceived as unsafe by others?"

"Shooting people," blurted Seth Katzman, a representative from the Human Services Network, a coalition of nonprofits.

The room erupted in laughter.

"I’m going to keep bringing it up," he said, not laughing.

Koenig asked what other activities they were targeting, and a more telling picture emerged: drug dealing, aggressive panhandling, blocking the sidewalk, public urination and defecation, littering, intimidation.

"On intimidation," said Chief Fong, "if you have someone walking down the street and they’re yelling out or blasting out, sometimes they’re talking to themselves and all of a sudden, ahh! People don’t know how to respond and think that maybe there’s going to be a next step in terms of some kind of aggressive behavior."

"Would you call that scary behavior?" asked Koenig, marker poised to note.

"Just kind of unpredictable behavior in terms of how someone’s carrying themselves. They haven’t committed a crime, but …" Fong trailed off.

Koenig added "unpredictable behavior" to the list. "Remember, we’re really not talking about crimes here," he said. "We’re talking about what are we focusing on to help improve safety and the sense of safety on our streets."

That’s the real mission of the group: to make downtown more comfortable for tourists, shoppers, business owners, and condo residents; and more uncomfortable for homeless and poor people panhandling, loitering, urinating in public, acting strangely, getting loaded, or sleeping on the streets.

The group was clearly weighted toward enforcement, but coordinated with buy-in from those who demonize the homeless and those who defend them: Ryan, a law-and-order Republican, shares chair duties with the Rev. John Hardin, executive director of the homeless services nonprofit St. Anthony Foundation. Others at the meeting included Steve Falk of the San Francisco Chamber of Commerce; Heather Hoell of Yerba Buena Alliance; Joe D’Alessandro, CEO of the Convention and Visitors Bureau; Bobbie Rosenthal from Local Homeless Coordinating Board; Anne Kronenberg of the Department of Public Health; Reginald Smith from the 10-Year Council on Homelessness; Jennifer Friedenbach from the Coalition on Homelessness; Human Services Agency director Trent Rhorer; and Dariush Kayhan, the mayor’s homeless policy director.

Their ultimate goal is to come up with a handful of recommendations for a street safety pilot project that Newsom will implement in two neighborhoods within six months. The group’s task, on this day, was to weed through the list and decide what the group would endorse.

So far all the proposals have targeted poor and homeless people with enhanced services, punishment threats, and new restrictions on street life. Suggestions ranged from establishing drug-free and "VIP" zones in the downtown business and tourist areas (which came from the Chamber) to COH’s suggestion to fully fund treatment on demand. But all agreed that money is tight.

"If we did a lot of the service things, we probably wouldn’t be doing a lot of the others," Hardin noted early in the meeting, indicating the enforcement and justice items.

The mayor has not set aside any funding to implement the pilot projects, according to Kayhan. And that reality steered the group away from social services and toward crackdowns.

For example, Friedenbach suggested the chronic inebriate program run by DPH does a good job, but said that it’s underfunded and should be evaluated and expanded. Koenig asked DPH’s Anne Kronenberg if this is possible.

"You know it all comes down to money," she replied. "There’s a little disconnect going on for me. What we’re saying is good but I also know what the budget situation is in the city. That’s one [sticking point] where if we could get the mayor on board … or some other creative way of funding."

"Money is a real issue," Rhorer piped up. "So I’m thinking maybe if it’s a high cost item, we take it off the list." Yet, he added, "I totally agree the chronic inebriate program needs to be expanded to more placement facilities."

Instead, it was removed from the list.

"The problem is, if we take out some of these matters, what we’re going to be left with is enforcement ordinances and the justice system. And I think we all agreed a long time ago the idea isn’t to incarcerate people, but to get housing and services for them," Katzman complained. "It’s going to leave us with the stick and not the carrot."

Recommendations in the "stick" category included establishing "drug free zones" with enhanced penalties for dealing, using, and possession. Similar zones already exist within 1,000 feet of schools and parks in San Francisco, but have been implemented more broadly in other cities.

After discussing the constitutionality of making one street corner drug-free but not others, some suggested folding it in with another idea on the list: VIP zones.

"What does VIP stand for?" someone asked.

"Very Important Person," someone else answered.

"How about B and T? Business and tourism zones?" Rhorer suggested. "Marketing of VIP sounds a little more difficult."

According to the description on the meeting agenda, VIP zones would be established around downtown, the Yerba Buena center, Fisherman’s Wharf, Chinatown, and Union Square as areas subject to "special enforcement of drug laws, aggressive panhandling, sitting/lying on sidewalks" and other "quality of life crimes."

Defending the idea, D’Alessandro said, "Just from our perspective, tourism generates $500 million a year in local taxes that fund a lot of the programs we’re talking about at this table. And we’re very threatened. We’ve lost a lot of business." He said one convention bailed because a visitor was spit on.

"There’s obviously huge problems with this. It’s specifically targeting people because of their status, their housing status," Friedenbach said, sarcastically suggesting they have a registration for homeless people entering certain areas of the city.

"I think we have to separate aggressive panhandling and blocking thoroughfares from poverty," D’Alessandro said. "This is not targeting poor people."

"When you say sitting and lying on the sidewalk, that is targeting people who don’t have a place to sit," Friedenbach countered.

"Maybe we don’t do this unless we provide places to sit," D’Alessandro replied."

"Like more drop-in centers," Rhorer offered.

But temporary places to sit and sleep don’t seem like part of Newsom’s vision. Since he took office, more than 400 shelter beds have been lost. In March, Newsom defunded the only city-funded 24-hour drop-in center serving both men and women.

By the end of the meeting, many of the ideas for enhancing services remained in play, like ramping up Project Homeless Connect and the Homeless Outreach Teams, as well as more drop-in centers, housing, and job programs. All of the law enforcement–oriented changes were still on the list, including implementing the drug-free and VIP zones.

Speaking afterward, Katzman returned to the issue of what defines safety, and for whom. "We have tenants and clients in the Tenderloin who are afraid to go out of their buildings at night because of drug-related violence. They’re not complaining to us about people peeing on the streets," he said. "No one likes it, but that’s not the big issue right now."

Editor’s Notes

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› tredmond@sfbg.com

The Democrats, who control both houses of the state Legislature, lost badly on the state budget. They caved in, they sold out — and the worst part is, they had very little choice.

The state can’t keep running forever without a budget. I think we could have gone a little longer, and the Democrats could have turned up the public pressure a bit more, but in the end, it probably wouldn’t have mattered a bit. A small number of anti-tax Republicans from very conservative districts now control the entire state budget process.

And the worst part of that is, I’m not sure we can change that. So I’m thinking we should try something else.

Just about everybody knows by now that California is one of only three states that requires a two-thirds Legislative majority to approve a budget. The state Constitution also requires a two-thirds vote to raise taxes. So unless the Democrats can take control of both houses by a 67 percent majority, the GOP can exert a veto over any attempt to close a budget deficit with anything but deep, draconian cuts.

And the Republicans who hold sway aren’t the moderate types who might want to negotiate. One reason the Democrats control both the Assembly and the Senate is that they’ve been experts at drawing legislative lines, shoving large majorities of Republicans into a small number of districts. That means more Democrats in Sacramento — but it also means that many of the Republicans represent areas where there’s little chance a Democrat can challenge them — and where the voters will rebel against any representative who raises taxes.

"The Republicans have no incentive ever to raise taxes," Assemblymember Mark Leno explained to me recently. "They all fear that if they vote for a tax increase, they will lose their seats. And history shows that they are right."

That’s why the polls show an overwhelming percentage of Californians want better schools — but the state budget will take billions away from education, putting the next generation of Californians at risk.

So the buzz in more progressive circles in Sacramento is starting to focus on a constitutional reform that would eliminate the supermajority for budget approval. But that would only be meaningful if we also scrapped the two-thirds rule for new taxes — and that’s going to be a tough sell. I can see the money flowing by the tens of millions into a campaign to keep legislators from raising taxes. And given the fact that the public in general doesn’t trust the Legislature, it’s possible that battle will be lost.

Over and over, starting with Proposition 13 in 1978, California voters have approved anti-tax measures. I hope we can turn that tide around, but I think we also need a backup plan.

See, it doesn’t take a supermajority to give cities and counties the right to raise taxes on their own.

Leno, for example, has a bill that would allow cities to impose their own car taxes. In San Francisco, we’re talking big money, $50 million or so — enough, perhaps, to blunt the impact of the state’s cuts to public schools and public health. It might be easier to push for the passage of that sort of measure than for statewide Constitutional reform.

Let cities pass their own income taxes. Let counties impose oil-severance taxes. Amend Prop. 13 to allow higher taxes on commercial property.

Then maybe San Francisco and Berkeley and Los Angeles will wind up with better schools and parks and streets and hospitals, and Orange Country and the other anti-tax havens will see their public services collapse as the state keeps cutting. Maybe after a while they’ll get the point.

Editor’s Notes

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› tredmond@sfbg.com

Let’s look at what happens when a mayor who lacks political courage decides to run for higher office.

On Wednesday, Sept. 3, shortly after returning from the Democratic National Convention, where he sought to impress the bigwigs, Gavin Newsom announced that a plan to issue municipal ID cards to undocumented immigrants would be put on hold.

Newsom had always supported the plan. His staff realized it made tremendous sense: when thousands of city residents aren’t eligible for drivers licenses or passports, and can’t prove their identity, then they become a permanent underclass. They can’t open bank accounts (and are preyed on by unscrupulous check-cashers). They fear even talking to the police, since they can’t provide ID on demand (and thus are reluctant to come forward as crime victims or witnesses). They can’t take books out of the public library or easily access the public health system.

A city ID card costs the taxpayers almost nothing and helps prevent crime. It’s part of a very sensible Sanctuary City program, based on a time-tested premise: if official San Francisco doesn’t intimidate or threaten to deport the city’s undocumented residents, those residents won’t live in fear of official San Francisco. That’s better for everyone, immigrants and citizens alike.

But over the past month or so, the San Francisco Chronicle has been running a crusade against the sanctuary laws, digging up a few immigrants who committed felonies and managed to avoid deportation and using those stories as fodder for a sensational assault on the policy.

There was a time, I think, when Newsom might have stood up to it. But now he wants to be governor, and the notion that the press (and his competition in both parties) might portray him as soft on crime and too friendly to immigrants has scared him silly.

So Newsom decided to tell the press that the ID program — a very small part of the overall sanctuary ordinance — would be suspended "until a thorough review has been completed to ensure that every aspect of the program complies with all applicable state and federal laws."

Never mind that the ID program, sponsored by Sup. Tom Ammiano, passed the Board of Supervisors 10-1. It’s city law; Newsom has no authority to suspend it. And the City Attorney’s Office has already done a thorough review to ensure that it’s legal — that happened when Ammiano first introduced the bill.

Never mind that Ammiano — who was infuriated by the mayor’s statement — has been meeting with Newsom’s staff and is convinced the plan will go into place this fall, pretty much as planned.

Never mind that the entire episode will just scare off potential applicants for the cards and undermine a program that the mayor’s advisors know makes good civic sense.

See, this isn’t about San Francisco anymore. It’s all about Sacramento. It’s about the Governor’s Office — which means it’s also about Orange County, and the Inland Empire, and all those more conservative places where voters don’t like immigrants and think San Francisco is too liberal. If Newsom wants to replace Arnold Schwarzenegger, he needs votes in those parts of the state — and instead of standing on principle and saying that he’s a politician you can trust even when you disagree with him, he’s pandering to the lowest common denominator.

The governor’s race is still two years away. This shit has only started.

Marian Shelter closing, but not without fight

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Marian Residence for Women has been called a “model for shelter and transitional services for women,” yet it’s closing for good on August 31, adding another 60 beds to the 400+ that have been lost from the San Francisco’s homeless shelter system since Mayor Gavin Newsom took office.

That fact was reiterated once again during an August 7, 2008 City Operations and Neighborhood Services committee hearing on the closure, a mostly somber affair except when Quintin Mecke, chair of the city’s Shelter Monitoring Committee, praised the shelter’s model service, eliciting cheers and applause from the crowd of onlookers – many of whom were current or former Marian residents. “It really is a catastrophic loss,” he added. Mecke and the committee are tasked with monitoring health and safety in the city-funded shelters. Marian receives no city money.

The 60-bed shelter and transitional housing facility is owned by St. Anthony Foundation and, as we previously reported, the nonprofit is short on cash and shuttering the facility. To generate revenue it’s hoping to lease the building – and as testimony at the hearing showed, it’s the city who will be renting the space and converting it to a medical respite facility, thus serving a different, yet equally desperate homeless population.

Currently, medical respite – which provides bed and care for homeless patients too ill for the streets but not critical enough for the hospital – is conducted at two different locations in the city, though the Dept. of Public Health and Mayor Newsom have long desired a single, comprehensive facility.

Joyce Crum of the city’s Human Services Agency said they were working with St. Anthony Foundation to ensure that all of the women staying at Marian would have a place to go. In an effort to ramp up the waning services for women, HSA has also identified a building with 56 units that they plan to lease and devote entirely to housing homeless women. Mayor Gavin Newsom’s homeless policy director, Dariush Kayhan, said the mayor had set aside $500,000 for the project.

That’s a far cry from the $1.3 million St. Anthony spends every year to run Marian Residence. While some might say that’s what it takes to run a model shelter, Kayhan said, “It seems that it’s an unsuitable program design.”

Dirty secrets under the big top

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› steve@sfbg.com

The circus has come to town. Ringling Brothers and Barnum & Bailey Circus, the largest and most profitable show of its kind in history, is in Oakland this week, and will be headed to San Jose next week. Spectators will see trapeze acts, clowns — and animals, particularly elephants, performing the trademark stunts that are considered the highlight of the event.

But the show may soon be over.

Ringling Bros. has been battling with animal welfare advocates for a generation or more, and a landmark federal lawsuit headed to trial in October could finally answer the question of whether rough, regular treatment of endangered Asian elephants by circus handlers constitutes illegal animal abuse.

At stake is the future of performing animals in circuses, particularly this 138-year-old global institution. Circus officials say that if the court prohibits the use of tools like leg chains and the ankus (an elephant training tool that activists call a bull hook and handlers call a guide), they’ll stop touring with elephants — a feature that they admit is their biggest draw.

The case, originally filed eight years ago by three national animal welfare groups and former Ringling Bros. elephant handler Tom Rider, has unearthed a treasure trove of damning inside documents from both Ringling Bros. and the US Department of Agriculture, the agency that regulates circuses and ensures their compliance with the Endangered Species and Animal Welfare acts.

Among the allegations are claims of repeated injuries to elephants by ankus-wielding handlers, efforts to conceal animal abuse from the public and government regulators, the preventable deaths of three baby elephants, prevalence of tuberculosis (the same strain contracted by humans) in elephants and handlers, and a pattern of high USDA officials overriding the enforcement recommendations of agency investigators and ignoring evidence of abuse.

"Ringling Bros. engages in these unlawful activities by routinely beating elephants to ‘train’ them, ‘discipline’ them, and keep them under control; chaining them for long periods of time; hitting them with sharp bull hooks; ‘breaking’ baby elephants with force to make them submissive; and forcibly removing nursing baby elephants from their mothers before they are weaned, with the use of ropes and chains," reads the federal lawsuit filed by American Society for the Prevention of Cruelty to Animals, Animal Welfare Institute, the Fund for Animals, and Rider. It will be heard in US District Court in Washington, DC, starting Oct. 7.

Despite its major implications, the case has drawn surprisingly little media attention. But it’s a remarkable story, full of juicy documents, an abundance of YouTube video footage that appears to show Ringling Bros. animal abuse — along with Ringling Bros.’ role in derailing the career of a prominent Bay Area television news anchor and the intriguing involvement of shadowy CIA operatives.

Critics say Ringling Bros.’ extensive advertising makes media outlets pull punches, but another reason the circus has avoided bad press may lie with other Ringling lawsuits that contain some astounding revelations of how the circus — or more specifically, circus owner Kenneth Feld and his Feld Entertainment, the world’s largest live entertainment company — treats those who seek to expose its secrets.

DIRTY CIRCUS TRICKS


Power and illusion have always been mainstays of the circus, ever since P.T. Barnum reportedly said, "There’s a sucker born every minute." Elephants and other exotic animals have always been important features of the show as well, going back to the 1860s when James Anthony Bailey displayed Little Columbia, the first elephant ever born in a circus.

The nation’s three largest circuses — Barnum’s, Bailey’s, and the Ringling Brothers — gradually merged into one by 1919 and enjoyed growing popularity until entering into a period of decline during the Great Depression. That decline continued through the Hartford Circus Fire of 1944, when more than 100 people died inside a Ringling Bros. tent, and into the 1950s, when television became popular.

But music promoter Irvin Feld began to turn the circus around in the late ’50s, bringing in new acts and increasing the circus’s profitability. In 1967 he bought the company and later passed control of the circus to his only son, Kenneth, who has prospered along with the show.

Kenneth Feld made Forbes magazine’s list of the 400 richest Americans in 2004, with a reported net worth of $775 million. Feld Entertainment made the Forbes list of the nation’s top companies in 2000, ranking 404th with a reported annual revenue of $675 million and profits of $100 million.

Feld also owns and operates such shows as Disney on Ice, Disney Live, High School: The Musical, and the Siegfried and Roy tiger-taming act.

But all is not well in the Feld empire.

When Feld had a falling out with his top lieutenant, Charles Smith, in 1998, Smith filed a wrongful termination lawsuit that exposed the nefarious inner dealings of "The Greatest Show on Earth," including alleged animal abuse, public health threats, and the use of a top former CIA official to spy on, infiltrate, and sabotage animal welfare activists and journalists.

Among other things, the case brought to light charges that some of the elephants have been exposed to or have contracted tuberculosis.

Joel Kaplan, a former private investigator who worked for Feld, alleged in a deposition in the Smith case that TB was a serious problem among the pachyderms. "I think it’s immoral to have elephants traveling in every arena in the country with tuberculosis," noted Kaplan, who filed his own lawsuit and settled for $250,000. He stated that he had been told by a Ringling Bros. veterinarian that "about half of the elephants in each of the shows had tuberculosis and that the tuberculosis was an easily transmitted disease to individuals, to human beings."

Also included in the case was a deposition by Clair George, the No. 3 person in the CIA until 1987, when he was convicted of lying to Congress about the Iran-contra scandal (he was pardoned by President George H.W. Bush on Christmas Eve 1992). George admitted to working for Feld and conveyed chilling tales of sabotage, including the case of freelance journalist Jan Pottker, who wrote a 1990 magazine profile of the Feld family which included allegations that Irvin Feld maintained a longstanding homosexual relationship outside his marriage.

To deter her from writing a book about the Feld family, George outlined a scheme to have one agent befriend her and another seduce her, spy on her progress, feed her conflicting information, and even get her a book deal on another project to divert her, with a $25,000 advance allegedly paid by Feld.

"I undertook a series of efforts to find out what Pottker was doing and reported on the results of my work to Mr. Feld," George wrote in a sworn affidavit. "I was paid for this work by Feld Entertainment or its affiliates. I prepared my reports in writing and presented them to Mr. Feld in personal meetings."

Amy McWethy, a spokesperson for Feld Entertainment, refused to discuss the cases or their implications.

The statements of George and Kaplan describe secret bugging and phone tapping, bribes and clandestine cash settlements to silence critics (including Smith, who settled his lawsuit for $6 million), and infiltration of groups such as People for the Ethical Treatment of Animals.

"As part of my work for Feld Entertainment," George wrote in his affidavit, "I was also asked to review reports from [Feld executive vice president] Richard Froemming and his organizations based on their surveillance of, and efforts to counter, the activities of various animal rights groups."

National security reporter Jeff Stein (now with Congressional Quarterly) wrote the definitive account of Feld’s alleged black ops for Salon.com ("The Greatest Vendetta on Earth," 8/30/01), and was also allegedly targeted for surveillance and retribution, according to a story in the May/June 2002 issue of Columbia Journalism Review ("Investigations: The scary circus," by Jay Cheshes).

Stein’s original stories were followed up by 60 Minutes in May 2003, which essentially repeated the allegations.

The next year, KTVU anchor Leslie Griffith got onto the circus story, doing lengthy, investigative reports on the animal abuse lawsuit revelations for KTVU in 2004 and 2005, just as Ringling Bros. was coming to town.

Then Griffith left the station — at least in part because of the backlash she says she felt from both her corporate bosses and Ringling Bros., whose internal documents reveal an aggressive strategy to counter negative media coverage.

A training manual made public as part of the lawsuit outlines how the circus responds to reporters:

"Immediately upon learning about negative stories about Ringling Bros., the Animal Issues Department will put in place the [Rapid Deployment Force]," it states. "The Animal Issues Department will directly contact the editor/news director…. Armed with videos, literature and other information, the Animal Issues Department Head will demand a retraction or equal time and will work in concert with the grass roots campaign…. If the editor/news director refuses the request, Legal will be informed to determine what recourses exist."

Griffith says it was after KTVU was targeted by this effort that she was barred from doing any more circus stories and her relationship with the station began to deteriorate. "All of a sudden my hair wasn’t good enough, my makeup wasn’t good enough — after 25 years of doing the news."

Officially Griffith and KTVU parted on good terms with mutual statements of respect. Even today, KTVU general manager Tim McKay (who was station manager when Griffith left) speaks highly of Griffith, telling the Guardian, "Leslie worked here for a number of years and did a fantastic job."

McKay said he didn’t know about any contact from Ringling Bros. or Griffith being told to back off the circus stories (he said he would check and get back to us, but didn’t as of press time), saying only, "We stand behind the stories as they aired. There was a whole lot of attention given to their accuracy."

But it’s clear that Ringling Bros. was aware of and upset by Griffith’s work. In 2005 Ringling Bros. attorneys argued in court against efforts by the ASPCA and the other lawsuit plaintiffs to obtain financial records and veterinary records on the Ringling elephants, telling the judge: "To shovel this stuff into the public record and try to draw inferences from it, or put it in out of context, lends itself to all sorts of abuse, the very kind of abuse that we contend took place on the San Francisco television station last week."

Judge Emmet G. Sullivan ordered Ringling to turn over the documents, but kept many (mostly the financial documents) under protective seal, keeping their contents hidden from the public.

Griffith, who won dozens of major journalism awards over her 25-year career, says the public suffers when journalists are muzzled. "If they took anything from me," she said, "it was my bully pulpit."

ELEPHANTS AND TB


If Griffith still had that bully pulpit and the ability to freely use it, she told us she’d be talking about mycobacterium tuberculosis in elephants. After doing extensive research into the issue — interviewing top experts and traveling across the country to review voluminous court files — Griffith has come to believe Ringling Bros. Circus poses a serious threat to public health.

"You can talk about the [animal] abuse, but with a worldwide epidemic brewing, I’d say the story is the tuberculosis," Griffith told us. She has been writing periodically on elephants and TB on her blog (lesliegriffithproductions.com), the Huffington Post, and prominent news sites such as Truthout, which published her piece, "The Elephant in the Room," a year ago.

"There are several alarming issues for epidemiologists: drug resistance, inability to diagnose if an elephant has been cured, and disease spreading to handlers who work with them and to the public who attend circus performances," Griffith wrote in the article, relying on public documents and experts on both the circus and infectious disease.

Griffith’s star source has been San Francisco–based epidemiologist Don Francis, who helped discover the HIV virus and became the first director for the Center for Disease Control’s AIDS Laboratory. The Guardian talked to Francis, who has reviewed Ringling documents and concluded that the elephants do indeed pose a threat to public health. He told us he’s particularly troubled by records that appear to show elephants being treated with multiple drugs, meaning they could have multidrug-resistant TB (MDR TB), "which really scares me." Ringling denies that any elephants have MDR TB, for which there is essentially no cure.

But Francis remains concerned. "A trumpeting elephant could definitely aerosolize this stuff," Francis told the Guardian — and that would keep small particles of the virus airborne long enough for them to be inhaled by handlers or circus crowds. Children and those with weak immune systems, such as people with HIV, would be especially susceptible to contracting TB from these particles.

Although Francis said he couldn’t say whether any circus attendees have been infected with TB from elephants — and we’ve been shown no evidence that anyone’s ever contracted TB from attending a circus — he sees no basis for Ringling’s claims that the elephants are safe. "I don’t know that anyone has asked the question. I’m not sure anyone has ever tied it together," Francis said.

Both Griffith and Rider maintain that all of Ringling’s elephants have been exposed to TB at one time or another and that the standard annual process used to test for infection — trunk washing — is inadequate to determine if they are carrying and transmitting the virus.

"Every elephant traveling with Ringling has been exposed to TB, and many of them have TB," Rider, a former Ringling elephant handler, told us.

In fact, Kaplan testified in court that he was asked "to find a physician who would test the people in the circus to see if they had tuberculosis but who would destroy the records and not turn them in to the Centers for Disease Control," as the law requires.

Ringling and USDA documents unearthed by the lawsuits and Freedom of Information Act requests show that at least eight elephants tested positive for TB and that many others have been exposed to them. Ringling veterinarian Danny Graham told the Guardian that two non-traveling elephants are currently being treated for TB, but couldn’t say how many have tested positive in the past.

Yet Ringling officials maintain that active tuberculosis is not a problem in the circus, that their diagnosis and treatment regimens are adequate to protect the health of the elephants, circus employees, and the public, and that no elephants that tested positive for TB have then performed in front of the public.

Graham said the trunk wash, which detects when a TB infection has shed out of the lungs and can be transmitted, is an effective indicator of whether an animal is contagious. "Shedding is when it can be passed to other elephants," she told us. "What our trunk washes look for is a shedding of the bacteria."

Yet Ringling records show at least one case in which the necropsy on a dead elephant, Dolly, showed TB in the lungs even though the trunk wash results were negative.

A Ringling FAQ sheet on "Tuberculosis in Elephants," by Dr. Dennis Schmitt, chair of veterinary services for Ringling’s Center for Elephant Conservation, admits that humans and elephants get the same kind of TB. "However there has been no proven case of tuberculosis bacterium being transmitted from elephants to humans," he writes.

He uses a similarly legalistic, underlined approach on questions of whether humans can contract TB from elephants and whether there have been studies indicating so, saying neither has been "proven." And he flatly denies that any elephants have MDR TB.

Two Ringling officials interviewed by the Guardian — Graham and Janice Aria, director of animal stewardship training — went further than Schmitt and flatly denied that any elephants that tested positive for TB ever performed.

"None of the elephants in our traveling unit have ever tested positive for TB," Aria told the Guardian. "No, none of our traveling elephants have ever tested positive for TB," Graham said in a separate interview.

THE USDA INVESTIGATES


But Ringling veterinary records unearthed in the latest lawsuit cast some doubt on the claims of circus officials. Three of the seven elephants that traveled with Ringling Bros. Blue Unit to Oakland — Juliet, Bonnie, and Kelly Ann — appeared in one redacted veterinary document, marked as exhibit "FELD 0021843."

Kelly Ann’s entry includes this notation: "Moved from CEC to Blue Unit. Just finished TB treatment." Juliet was listed as "currently being treated for presumptive TB" and Bonnie had "blood drawn for Tb Elisa," an expensive TB test that often follows a positive reading in the trunk wash test. Documents connected to a 1999 USDA inspection also list Kelly Ann and "Juliette" among 10 elephants administered drugs for treating TB.

Asked whether Kelly Ann has ever undergone TB treatment and informed of the document, Aria told the Guardian, "From my knowledge, that is not true."

McWethy, the Feld corporate communications manager who arranged and monitored our interviews with Aria and Graham, initially said she was not familiar with the document, and even if she was, "the court requested that the parties not discuss the specifics of the suit." In actuality, the judge has not issued a gag order in the case, and plaintiffs spoke freely about details of the case.

Later, after she reviewed the document at our request, McWethy confirmed that Kelly Ann had been exposed to TB in 1999 and that the circus decided to treat her for the disease. "But she’s never tested positive," McWethy said.

In June 2001, the tuberculosis issue was enough of a concern to the USDA that the agency initiated what one official document called an "investigation regarding allegations that Ringling was using known TB-infected animals in circus performances." But information on the results of that investigation was redacted by the USDA from later documents.

In a 2003 report written by the three plaintiff groups in the latest lawsuit, "Government Sanctioned Abuse: How the United States Department of Agriculture Allows Ringling Bros. Circus to Systematically Mistreat Elephants," they conclude: "Although tuberculosis is an extremely contagious disease, and Ringling’s elephants are publicly exhibited throughout the country, including elephants that go in and out of both the breeding and retirement facilities, the public has been kept completely in the dark about this investigation, the agency’s decision to ‘override’ the conclusions of its own inspectors and investigators, and the reasons this investigation was closed with no further action."

WATCHING THE CIRCUS


Feld — the man and his company — are big contributors to top elected officials of both major parties. Campaign finance records show that since 1999, Feld has given at least $104,900 to Republicans and $35,150 to Democrats on the federal level and in his home state of Maryland.

Benefiting disproportionately from Feld’s largesse are members of the House Agriculture Committee (which oversees the USDA). The contributions include almost $10,000 to former Rep. Richard Pombo (R-Tracy), $6,500 to the campaign and committees of Rep. Bob Goodlatte of Virginia (the committee’s ranking Republican), and $6,500 to Rep. Robin Hayes (R-N.C.). Representatives from the two states where Ringling Bros. bases its animals off-season, Texas and Florida, also took in $13,300 and $28,000 respectively, more than those from other states. Animal welfare advocates say Feld’s wealth, power, and political connections have caused the USDA to go easy on Ringling Bros.

"This cozy relationship between the USDA and Ringling Bros. is going to be exposed during the trial," Tracy Silverman, the attorney for Animal Welfare Institute, told the Guardian.

Plaintiffs will make an example of the death of a four-year-old elephant named Benjamin, who drowned in a Huntsville, Texas, pond July 26, 1999 after refusing to heed trainer Pat Harned’s commands to get out. That death came a year after another baby elephant, two-year-old Kenny, died after being used in three circus performances in one day, despite warnings from veterinarians that he was severely ill.

"The United States Department of Agriculture’s final ‘Report of Investigation’ concerning the incident concluded that Benjamin’s trainer’s use of an ‘ankus’ on Benjamin ‘created behavioral stress and trauma which precipitated in the physical harm and ultimate death of the animal.’ On information and belief, the routine beatings of Benjamin were a contributing factor to his death," the animal welfare groups wrote in the lawsuit.

The USDA investigator recommended Ringling Bros. be charged with vioutf8g the Animal Welfare Act, yet the USDA’s General Counsel’s Office overrode those conclusions and issued its own: "Suddenly, and without any signs of distress or struggle, Benjamin became unconscious and drowned." Ringling and USDA officials say the animal died of a previously undetected cardiac arrhythmia, and the final report omitted any mention of the ankus or behavioral stress.

Animal welfare activists and lawyers say this is just one of many examples of senior USDA officials overriding recommendations of front-line investigators and veterinarians, then blocking access to reports and other evidence that might support or disprove the final conclusions. Indeed, the lawsuit identifies more than a dozen such examples.

USDA spokesperson Jessica Milteer told the Guardian she couldn’t comment on specific examples, but said supervisors are ultimately responsible for interpreting field reports. "Things are pretty much done on a case-by-case basis. We try to work with a facility to come into compliance."

But she said that it’s not true the USDA goes easy on Ringling Bros. because of its power or political connections. She said there are currently two open investigations into Ringling Bros. (she would not provide details) and that facilities like Ringling get annual inspections unless they’re found to have problems or risk factors.

"Since 2005 Ringling has been inspected 52 times," Milteer said, indicating the USDA is indeed concerned about some of the things it has observed at Ringling Bros.

USE OR ABUSE?


Aria, the Ringling trainer, said banning the use of the ankus "would not allow elephants to travel anymore." Feld and other top officials have made similar public statements. She bristled when hearing the ankus referred to as a bull hook. "We call them guides," she told the Guardian. "It is used to reinforce a verbal cue."

Aria and McWethy dismissed videos that appear to show handlers inflicting violent blows on elephants, saying they are often selectively edited and spliced in with footage of non-Ringling elephants and handlers. Activists insist this isn’t true and that much of the footage clearly shows abuse at Ringling Bros. For example, one video shows a person identified as a Ringling Bros. elephant handler striking violently at an elephant after saying on camera that he never does so. Another shows Ringling elephants being paraded through a town and one slow elephant being sometimes pulled along by an ankus behind the ear, with a closeup then showing a bloody puncture wound in the spot.

"From the videos I have seen, so much of it is repackaged and old stuff that doesn’t apply to us at all, not at all," Aria told us.

Graham, who worked for Ringling for the two years she has been a veterinarian and who interned with the circus before that, said she visits the elephants at least once a week and "I have never seen a trainer use an ankus inappropriately." Further, she said, she has never seen an injury she thinks was caused by the ankus: "If I see anything, it’s generally superficial abrasions."

Rider and animal welfare activists say the hook on the ankus is used to inflict pain on the sensitive parts of an elephant, mostly behind their ears or on the backs of their legs, as a negative stimulus to encourage the animals to perform tricks or obey commends. If it was simply a "guide," they say, it wouldn’t need a hook.

But Aria said the ankus is akin to a leash, a means of keeping the elephants near them. "It’s a ‘come-to-me’ cue," she told us. "This comes from decades and decades of use."

Sorting out whether such traditions are actually a form of animal abuse is the purpose of the fall trial.

"The circus is really good at creating the illusion of the happy performing elephants," Kathy Meyer, an ASPCA attorney who has been handling the case from the beginning eight years ago, told us. But she said that it’s clear from the documents, videos, testimony, and common sense that the ankus is often used to inflict pain, which is prohibited under federal animal welfare rules, particularly those governing endangered species, which allow Ringling to have elephants only for conservation reasons.

"So we’re asking the judge to enjoin them to stop them from using these practices," she said.

Many veterinarians and wildlife experts agree that it’s not possible for elephants performing in circuses to be treated humanely. The Amboseli Trust for Elephants last year released a letter signed by 14 leading elephant researchers, with almost 300 years of combined experience working with elephants in the wild, arguing for an end to the practice.

"It is our considered opinion that elephants should not be used in circuses. Elephants in the wild roam over large areas and move considerable distances each day. They are intelligent, highly social animals with a complex system of communication…. Elephants in circuses are bought and sold, separated from companions, confined, chained, and forced to stand for hours and frequently moved about in small compartments on trains or trucks. They are required to perform behaviors never seen in nature," they wrote.

Aria said she didn’t agree with those conclusions, saying she looks out her office window every day: "I see elephants and get to see them all day doing the most amazingly athletic things." And she said only those with a propensity to perform are taken on the road, which is about one-third of their 53 elephants. "You can separate the ones who want to do it from the ones who don’t want to do it," said Aria, who joined Ringling Bros. as a clown in 1972. Later, she earned a bachelor’s degree in special education and worked as a teacher during the ’90s. She was named to her current post in 2006.

"All the elephants here are happy and thriving," Aria said, noting there are only about 35,000 Asian elephants still alive and that many, in places like Sri Lanka where she has visited, are regularly abused and killed. "Good for the Feld family that they support elephants from their births to their deaths."

PRESERVATION OR EXPLOITATION?


The path to the courthouse has been long and difficult, with Feld getting a similar earlier case dismissed and this one moving to trial only after threats and stern warnings by Judge Sullivan against any more stall tactics by the defendants.

"It’s been very difficult to get to this point," Meyer, the ASPCA lawyer, said, adding that that just being able to have their day in court is already a huge victory. "To have this issue aired in a public forum will be helpful for educating the public."

Silverman said she was most shocked by documents obtained by the plaintiffs — and introduced as part of the case — showing elephants chained up to 100 hours at a time, for an average of 26 hours when traveling between shows. "In no way did I imagine the bulk of the evidence that would support our claims," Silverman said. "These animals live their lives in chains."

In addition, many members of the public might not be aware that Ringling Bros. obtains its elephants under the Endangered Species Act for the purpose of protecting and propagating an endangered species, and the ESA contains strict rules against physical abuse of those animals.

"There’s no humane way to have a circus with elephants because it has to travel year-round," Rider told the Guardian. "If you take away the chains and the bull hooks, an elephant isn’t going to do anything."

Rider, who worked with Ringling elephants for more than two years, "saw several of the other elephant handlers and ‘trainers’ routinely beat the elephants, including baby elephants, and he saw then routinely hit and wound the elephants with sharp bull hooks," according to the lawsuit.

Ringling officials such a trainer Aria contend the elephants are well-cared for. Yet she also admits that the elephants are the key to the Felds’ lucrative business empire.

"They are our flagship animal," Aria said. "People come to the circus to see the elephants."

As such, a ruling that goes against Ringling could financially cripple the company, which is why animal welfare advocates say Feld has taken such an aggressive stance with his critics, harassing, threatening, and sabotaging them. As Silverman said, "You see that with Leslie Griffith, and it’s that kind of thing that they do all over the country."

Lennar’s lawsuits

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› sarah@sfbg.com

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Aftermeth

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By Andrea Nemerson


› andrea@altsexcolumn.com

Dear Andrea:

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

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

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

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

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

Love,

Aftermeth

Dear After:

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

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

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

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

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

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

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

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

Love,

Andrea

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