Ross Mirkarimi

PG&E’s extreme makeover

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› steve@sfbg.com
Mayor Gavin Newsom called a meeting with Pacific Gas and Electric Co. president Thomas King in July to let the utility chief know that the city intended to pursue public power projects on Treasure Island and Hunters Point.
“It was just to tell him that we’re going to do it,” Newsom spokesperson Peter Ragone said of the meeting. “The mayor thought it was a gentlemanly thing to do.”
King used the occasion to start an aggressive new offensive — and to preview PG&E’s latest political strategy.
In an Aug. 10 letter to Newsom, King promised not to fight the city’s plans in court and pledged to develop a better relationship with the city.
“We know that it was in this spirit of cooperation that you approached us last month, and we want to foster this spirit and forge an even stronger partnership in efforts to protect our environment in the years ahead. That’s why I wanted to respond to your questions and suggestions — and to share with you some ideas of my own,” King wrote, listing one of those ideas as helping the city develop energy from tidal power at the mouth of the bay, which Newsom had recently announced a desire to pursue.
The day after PG&E wrote the letter, Newsom and San Francisco Public Utilities Commission (SFPUC) head Susan Leal announced the city’s intention to supply public power, mostly from clean solar and hydroelectric sources, to the redevelopment project on Parcel A of the former Hunters Point Naval Shipyard, where the politically connected Lennar Corp. (which is also part of the team with the rights to build on Treasure Island) has the contract to build 1,600 new homes.
“What we want to provide is a green community at a rate that meets or beats PG&E,” Leal told the Guardian, noting the history of environmental injustices that have been heaped on the southeast part of town. “We’re very excited about what’s going on at Hunters Point. . . . It’s important that the city do the right thing for that community.”
And just as PG&E was pledging cooperation, it aggressively set out to undermine the city’s plans with competing bids and continued its fiercely adversarial posture in another half-dozen realms in which it must work with the city, battles that have cost San Franciscans millions of dollars.
“This is a competitive world and this is fair game, don’t you think?” PG&E spokesperson Darlene Chiu — who used to be Newsom’s deputy press secretary — told us of company efforts to subvert the public power projects.
Last month PG&E also hired away SFPUC commission secretary Mary Jung, who had been privy to closed-session discussions about various city strategies for dealing with PG&E. Jung, who did not return a call for comment, was required to sign a confidentiality agreement and threatened with criminal charges if she spills city secrets, although city officials acknowledge that would be difficult to prove.
PG&E has also launched a high-profile public relations offensive designed to repackage the utility as a clean and green crusader against global warming and a supporter of community programs such as the mayor’s pet project, SF Connect, to which it contributed $25,000 last month.
“The company has a long and continuing history of fighting against the city rather than working with the city on issues involving municipal power, improved reliability, connecting city facilities, and protecting ratepayers,” Matt Dorsey, a spokesperson for City Attorney Dennis Herrera, told us. “If PG&E wants to demonstrate its good corporate citizenship, it can start by changing the nature of its relationship with the city.”
BIG BUCKS
If anyone from the Bay Area needs a reminder about the big money, bare-knuckle approach PG&E uses when its interests are threatened, they need only look up the road to what’s happening in Sacramento and Yolo counties.
PG&E has so far spent more than $10 million fighting Propositions H and I in Yolo County and Measure L in Sacramento County, which together would allow the Sacramento Municipal Utility District (SMUD) to annex more than 70,000 customers in Davis and surrounding communities.
The PG&E effort has saturated mailboxes and the airwaves with messages that inflate the cost of taking over its transmission lines, imply threats of a drawn-out legal battle, and make bold claims of its being an environmentally friendly utility (for example, including nuclear power in its calculations of how “green” PG&E is).
“They’re trying to spread fear and confusion,” Davis-based public power advocate Dan Berman told us. “A new thing comes out every day. But we keep citing the message of lower rates and better service.”
In fact, SMUD has rates that are about 30 percent lower than PG&E’s and a power portfolio that includes significantly more energy from renewable sources than PG&E uses. Even King’s claim that PG&E is “the leading solar utility in the county, having hooked up more than 12,000 solar-generating customers” is misleading. The number is large because PG&E has the largest customer base in the country, but the solar rebates were state mandated and SMUD inspired and come from ratepayer surcharges.
Still, PG&E justifies its aggressive campaign in Yolo County in terms of warding off a hostile takeover of its customers. For residents there and new customers in San Francisco that the SFPUC wants to serve, PG&E’s Chiu repeats the mantra that “we have an obligation to provide services.”
Yet critics of the company say the campaign is about more than just holding on to those customers. Right now more than a dozen California communities are pushing for public power, most involving community choice aggregation (CCA) — which allows cities to buy power on behalf of citizens, potentially bypassing PG&E.
“That’s one of the reasons they’re pulling out all the stops in Davis, because if this goes through, it will embolden other communities,” Barbara George of Women’s Energy Matters told us.
San Francisco was an early city to pursue CCA, but plans to implement it have moved slowly, and now other communities — including Marin County and the cities of Oakland and Berkeley — are even further along.
“San Francisco is way behind in community choice,” George said. “The mayor is giving PG&E a lot of time to put out its claims to be green in order to fight this.”
Part of that push involves a slick 16-page mailer sent out in August by “The New PG&E” outlining “a proposal for an unprecedented and far-reaching partnership with the city of San Francisco to create the cleanest and greenest city in the nation.”
Sup. Ross Mirkarimi — a longtime public power advocate — is skeptical. “I welcome it, but I don’t buy it,” he said. “Their desire to work with us is typically predicated on the receding of our efforts to pursue public power.”
In fact, King seemed to say as much in his letter to Newsom when he wrote, “We see the investment of time, money and political capital in the public power fight as a distraction from the real need — providing clean, reliable and safe power to San Francisco.”
Chiu denied that there is a quid pro quo here, saying, “It is our intent to help San Francisco become clean and green, whether or not it comes with the city’s blessing.”
Yet Leal said the company seems more interested in stopping public power than going green. Rather than trying to undermine the city’s plans for the area, she questioned, “Why don’t they have the rest of Hunters Point, which are already their customers, be a green community?”
COMPETING WITH PG&E
Lennar is expected to announce in the next week or two whether it will go with public power or PG&E at Hunters Point. “No final decision has been made at this point,” Lennar spokesperson Jason Barnett told us.
Yet it didn’t have to be this way. Lennar’s redevelopment project is being subsidized with public funds that could have been conditioned on public power. Even as late as Oct. 17, when the San Francisco Redevelopment Board agreed to change Lennar’s contract to let the company out of building rental units, public power could have been part of the trade-off. Agency chief Marcia Rosen did not return Guardian calls asking why the public agency didn’t take advantage of this leverage.
For her part, Leal said, “I’m not afraid of competition.” It was a point echoed by Ragone, who said Newsom believes the city shouldn’t be afraid to compete with PG&E on Hunters Point or Treasure Island or to stop a PG&E bid to help develop clean tidal power.
But Mirkarimi doesn’t necessary agree. “Why do they have that right?” he asked, arguing the city shouldn’t let PG&E take control of new energy resources or customers who should be served by public power. “The tentacles of PG&E haven’t receded any less at City Hall and we should always be on our guard.”
Leal and Ragone each acknowledged that competing with PG&E isn’t always a fair fight. After all, in addition to having the resources of nearly 10 million customers paying some of the highest rates in the country, PG&E is also alleged in a lawsuit by the city to have absconded with $4.6 billion in ratepayer money during its 2002 bankruptcy, in what Herrera called “an elaborate corporate shell game.” On Oct. 2, the US Supreme Court denied review of a Ninth Circuit Court of Appeal ruling favoring the city, sending the case back to the trial court to determine just how much PG&E owes ratepayers.
That is just one of several ongoing legal actions between the city and PG&E, including conflicts over the city’s right to power municipal buildings, PG&E’s hindrance of city efforts to create more solar sites, and battles over the interconnection agreement that sets various charges that the city must pay to use PG&E lines.
MONEY IN ACTION
A good example of PG&E tactics occurred during the July 26 meeting of the Metropolitan Transportation Commission, which is overseeing work on the Bay Bridge. As part of that work, a power cable going to Treasure Island needed to be moved, but the Treasure Island Development Authority didn’t have the $3.4 million to do it.
So PG&E executive Kevin Dasso showed up at the MTC meeting with a check made out for that amount, offering to pay for the new cable and thus control the power line through which the SFPUC intends to provide public power to the 10,000 residents who will ultimately live on the island.
“This deal with Treasure Island was really egregious. They came in like a game show host and held up a check to try to stop this baby step toward public power on Treasure Island,” said Sup. Tom Ammiano, who also sits on the MTC board. “It shows PG&E is not asleep at the wheel by any means, and anybody who’s elected is going to need to stay vigilant.”
Ammiano was able to persuade the MTC to loan TIDA the money and preserve the city’s public power option. PG&E officials are blunt about their intentions. Chiu said, “We both want to provide power to Treasure Island.” So officials note the importance of being vigilant when it comes to PG&E.
“There will be other meetings where PG&E will wave around $3.4 million checks,” Leal said. “And at some of those meetings, we won’t be there to stop them.”
So public power advocates are concerned that public officials are letting PG&E rehabilitate its public image. Newsom has recently shared the stage with PG&E executives at a green building conference in San Francisco and the Treasure Island ceremony where Gov. Arnold Schwarzenegger signed the landmark global warming measure that PG&E long opposed before ultimately supporting. Ragone said neither these events nor PG&E’s contribution to SF Connect nor his direct dealings with King indicate any softening of Newsom’s support for public power.
“We’re going to do what’s in the best interests of the city of San Francisco,” Ragone said. “This is the first mayor to support public power, and that hasn’t changed at all.” SFBG
To see the letter from King to Newsom and other documents related to this story, go to www.sfbg.com.

A tissue for Newsom

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By Steven T. Jones
Kudos for the Chron’s Cecelia Vega for debunking Mayor Gavin Newsom’s pity-party television interview, in which he said he may not run for reelection. Vega punches her story home with some great phrases like “20-year-old Republican girlfriend” and “Washington-size dose of political posturing,” but the real gems come from Bruce Cain and Gerardo Sandoval. Check ’em out. But I once again have to find fault with Vega and other Chron writers continuing to prop up Wade Randlett as if he’s some kind of party insider or astute political observer, rather than the discredited right wing bagman that he is. But for the Chron, this is still mighty fine work.
As for Newsom, suck it out or get out! Geez, talk about letting your sense of overentitlement show. If you want a carefree life of chasing tail in the Marina or playing the rich socialite, go to it. Your job is way too important for you to be as checked out and self-indulgent as you have been lately anyway. Sure, it’s a tough job, but there are lots of competent progressives in this city who would love to trade places with you, even with all the abuse that entails. Call Ross Mirkarimi, I’m sure he’d welcome the news that you’re stepping down and supporting him. Actually, come to think of it, maybe that is the way to go. It is a very tough job that’s only bound to get tougher, and you’re a young man who should be out there enjoying life. Get out while you can, my friend. You don’t need this shit.

A real war on crime

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OPINION Once again, with their backs against the wall, Republicans are attempting to stave off political defeat in November by playing to Americans’ fears about safety and security. Central to the conservative playbook for years has been the lie that progressives cannot keep our communities safe.
The reality is that the current, shortsighted approach to public safety, which touts punishment without rehabilitation, has been a failure. One of the starkest examples is the crisis in California’s prison and parole system — and every day that crisis comes home to San Francisco. Thousands of people are being released from behind bars with no plans and few skills or opportunities. More than 1,500 parolees are living in San Francisco at any given time, and thousands more are being released from county jail every year. Of the estimated 125,000 California prisoners who will be released this year, three out of four will end up back in prison by 2009. California has the highest recidivism rate in the country.
Behind every rearrest is a new crime, often with a new victim. Taxpayers also foot the bill — to the tune of more than $34,000 a year for each person who ends up back in prison.
It’s time for a change. We can no longer accept the fact that three out of four former prisoners will be back behind bars within three years. In this progressive city, we are committed to working together to break that cycle of recidivism by channeling former prisoners into productive lives. These programs must target the crucial process of what’s called “reentry,” the release of individuals from state prison or county jails back into their families and neighborhoods.
Two weeks ago, more than 200 reentry experts and service providers, along with government and criminal justice agencies, gathered for the city’s first-ever Reentry Summit. This past year, Supervisor Ross Mirkarimi sponsored a $1.2 million budget allocation to support new reentry programs. We’ve also spearheaded the San Francisco Reentry Coordinating Council, bringing together members from the business sector, labor, key city agencies, the clergy, and community organizations.
Members of the council have pioneered concrete reentry programs that are delivering results. District Attorney Kamala Harris has created a new accountability and workforce reentry initiative for drug offenders called Back on Track. Public Defender Jeff Adachi’s Clean Slate program provides community-education services and programs to clear criminal records to nearly 2,500 people a year. Sheriff Mike Hennessey is poised to open the Women’s Reentry Center, which will provide direct practical support services to women coming out of jail and prison.
While the city is more than doing its part at a local level to address this issue, we cannot do it alone. It is time for the state to own up to its responsibility for rehabilitating parolees and probationers and ensuring their successful return home. With a detailed, sustained, statewide reentry effort, we can guide former prisoners away from crime, reduce corrections costs, and keep our neighborhoods safe. SFBG
Kamala D. Harris, Jeff Adachi, Ross Mirkarimi, and Michael Hennessey
The writers are, respectively, the district attorney, public defender, District 5 supervisor, and sheriff of San Francisco.

Tidal (public) power

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

Editor’s Notes

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

Battle for Bayview

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

Free the Media!

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WHAT: Free the Media!
WHEN: Thursday September 21st, 8pm-midnight
WHERE: Crash (34 Mason Street between Eddy and Turk)

Blogger and video-journalist Josh Wolf has been ordered back to jail for refusing to let a federal grand jury have unedited footage of a July 2005 protest demonstration.

Free the Media! Is a benefit to raise money for the Rise Up Network legal defense fund for freelance journalists.

Speakers at Thursday’s event will include Josh Wolf (on the eve of his return to prison), Bruce Brugmann, editor and publisher of the San Francisco Bay Guardian; San Francisco Supervisors Ross Mirkarimi and Chris Daly; filmmaker Kevin Epps; Sarah Olson, Truthout.org journalist; Jeff Perlstein, executive director of the Media Alliance; Richard Knee, acting Journalism Division chair of the National Writers Union’s Bay Area chapter; and Njeri Sims, filmmaker.

Live music by Magnetism. Chuck Gonzalez to DJ.

Police foot patrols get green light

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In the face of raised levels of violent crime in San Francisco in recent months, the Board of Supes voted on September 19 to look into expanding a pilot police foot patrol program.
The program was first suggested by Sup. Ross Mirkarimi and, as amended, would provide foot patrols in more neighborhoods.
In a 5-4 vote, the Supes decided to add the Tenderloin, Mission and Ingleside police stations to the program and to send the proposed legislation back to committee for another hearing.
All this went down in face of Police Chief Heather Fong’s warnings that the program would result in increased costs and slower responses to violent crimes, even as she expressed support for expanding the program.
City Budget Analyst Harvey Rose predicted that the SFPD could start up the program without additional resources.
The amended legislation goes before the Committee on Gun and Gang Violence on Oct. 2 and returns to the full Board on OCt. 3,

Mural as magnet

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

Referendum struck down

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By Steven T. Jones
San Francisco City Attorney Dennis Herrera has invalidated the referendum that challenged the Bayview Hunter’s Point Redevelopment Plan, ruling that it didn’t include all the documents that the more than 33,000 people who signed it needed to make an informed decision.
“They didn’t have the redevelopment plan itself for voters to evaluate,” Herrera spokesperson Matt Dorsey told the Guardian just after the decision was released Sept. 19.
But Willie Ratcliff, the Bayview Newspaper publisher who helped funded and coordinate the referendum drive, told the Guardian that they carefully consulted with both city officials and their attorneys to ensure the documents complied with state law.
“We expected the city would try to look for a way out and of course we’re going to fight them in court,” Ratcliff said.
The Elections Department had ruled Sept. 13 that the referendum had enough valid signatures to stop the plan. The Board of Supervisors then had the option of repealing it or submitting it to a popular vote. But board clerk Gloria Young is now required by law to invalidate the referendum and only a judge can now make it valid.
The board, which approved the plan on a 7-<\d>4 vote in May (with supervisors Tom Ammiano, Chris Daly, Ross Mirkarimi, and Gerardo Sandoval in dissent), could still act independently to repeal the plan and submit it to a vote, as recall campaign coordinator Brian O’Flynn is urging. “The will of the voters should be respected,” he told us
The plan would put about 1,500 acres in Bayview-<\d>Hunters Point under San Francisco Redevelopment Agency control, set new development standards, and collect all property tax increases into a fund that would go toward projects in the community. Opponents fear the plan would displace current residents and gentrify the area.

More soon

The cost of harassing the homeless

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

Cops out of their cars

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EDITORIAL The politics of crime can be tricky for the left: progressives are against far-reaching and punitive crackdowns, against police abuse, against the pervasive financial waste in law enforcement … and sometimes can’t come up with answers when neighborhoods like Hunters Point and the Western Addition ask what local government is going to do to stop waves of violence like the homicide epidemic plaguing San Francisco today.
So it’s encouraging to see Sup. Ross Mirkarimi, a Green Party member representing District 5, taking the lead on demanding more beat cops for the highest-crime areas in town. Mirkarimi’s not pushing a traditional reactionary approach of suggesting that the city hire more police officers and lock more people in jail; he’s advocating a simple — and decidedly progressive — approach to the issue. He wants the cops out of their cars and on the streets. On foot.
The idea of beat cops and community policing isn’t new at all; in fact, it’s the modern approach of highly mobile officers in cars, dispatched by a central computer and radio system in response to emergency calls, that’s a relatively recent trend. Police brass love it — they can cover more ground with fewer troops — and a lot of patrol officers like it too. They have that big metal car to protect them from potentially hostile criminals, and they don’t have to interact every minute of every day with the people on the streets.
But cops walking the beat are a proven deterrent to crime — and that’s not merely because of their visible presence. Properly trained and motivated community police officers can forge ties with merchants, residents, and neighborhood leaders. They can figure out where problems are likely to happen. They can become an asset to the community — not an outside occupying force that residents neither trust nor respect.
It’s a crucial change: right now, one of the biggest problems the San Francisco Police Department faces in solving homicides is the unwillingness of witnesses to come forward, in part because of a general mistrust of police. When there’s a killing, homicide detectives appear as if out of nowhere, demanding answers; it’s little wonder nobody wants to talk to them.
We recognize that beat patrols won’t solve the homicide crisis by themselves. That’s a complex socioeconomic issue with roots in poverty and desperation, and a couple of folks in blue on the street corner can’t alleviate decades of political and economic neglect.
And we also realize that it can be expensive to put officers on foot — they can’t respond as fast, and it takes time to develop community ties. But Mirkarimi isn’t asking for a total overhaul of the SFPD’s operations. He’s asking for a modest pilot program, a one-year experiment that would put two foot patrols a day in the Western Addition, focusing on areas with the most violent crime. The ultimate goal, Mirkarimi says, is to create a citywide beat-patrol program.
It won’t be easy: the department seems to be pulling out all the stops to defeat Mirkarimi’s proposal, which will come before the Board of Supervisors on Sept. 19. The Police Commission needs to come out in support of Mirkarimi’s proposal and direct Chief Heather Fong and her senior staff to work to make it effective.
The supervisors, some of whom worry that beat patrols in high-crime districts will mean less police presence in other areas, should give this very limited program a chance. Nothing else is working. SFBG

BAY AREA FALL FAIRS AND FESTIVALS

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SEPT. 2–4
Art and Soul Oakland Frank Ogawa Plaza and City Center, 14th St and Clay, Oakl; (510) 444-CITY, www.artandsouloakland.com. 11am-6pm. $5. The sixth incarnation of this annual downtown Oakland festival includes dance performances, lots of art to view and purchase, an expanded “Family Fun Zone,” and a notably eclectic musical lineup. Big-name musical performers include New Found Glory, Rickie Lee Jones, Calexico, and the Silversun Pickups.
Sausalito Art Festival Army Corps of Engineers-Bay Model Visitor Center and Marinship Park, Sausalito; (415) 331-3757, www.sausalitoartfestival.org. Call or check Web site for time. $5-20. The Sausalito waterfront will play host to hundreds of artists’ exhibits, as well as family entertainment and top-notch live music from the likes of Ramblin’ Jack Elliott, Dick Dale, and the Lovemakers.

SEPT. 2–24
Free Shakespeare in the Park Parade ground in the Presidio, SF; (415) 558-0888, www.sfshakes.org. Sat, 7:30pm; Sun and Labor Day, 2:30pm. Free. Shakespeare’s The Tempest gets a brilliant rendition under the direction of Kenneth Kelleher on the outdoor stage: families fostering budding lit and theater geeks should take note.

SEPT. 4
Cowgirlpalooza El Rio, 3158 Mission, SF; (415) 282-3325, www.elriosf.com. 4pm. $10. This sure-to-be-twangy evening on el Rio’s patio features music by the most compellingly country-fried female musicians around, including Austin’s the Mother Truckers, 77 el Deora, and Four Year Bender.

SEPT. 9
Brews on the Bay Jeremiah O’Brien, Pier 45, SF; www.sfbrewersguild.org. 12-4:30pm. $8-40. Beer tasting, live music, and food abound at the San Francisco Brewers Guild’s annual on-deck showcase.
911 Power to the Peaceful Festival Speedway Meadows, Golden Gate Park, SF; (415) 865-2170, www.powertothepeaceful.org. 11am-5pm. Free. This event calling for international human rights and an end to bombing features art and cultural exhibits, as well as performances by Michael Franti and Blackalicious.

SEPT. 9–10
Chocolate Festival Ghirardelli Square, 900 N Point, SF; www.ghirardellisq.com. 12-5pm. Free. An indisputably fun weekend at the square includes chocolate goodness from over 30 restaurant and bakery booths, various activities for kids and families, and a “hands free” Earthquake Sundae Eating Contest.
San Francisco Zinefest CELLspace, 2050 Bryant, SF; (415) 750-0991, www.sfzinefest.com. 10am-5pm. Free. Appreciate the continuing vitality of the do-it-yourself approach at this two-day event featuring workshops and more than 40 exhibitors.

SEPT. 10
Solano Avenue Stroll Solano between San Pablo and the Alameda, Berkeley and Albany; (510) 527-5358, www.solanoave.org. 10am-6pm. Free. This long-running East Bay block party features a clown-themed parade, art cars, dunk tanks, and assorted artsy offerings of family fun, along with the requisite delicious food and musical entertainment.

SEPT. 16–17
Mill Valley Fall Arts Festival Old Mill Park, Mill Valley; (415) 381-8090, www.mvfaf.org. Sat, 10am-6pm; Sun, 10am-5pm. $7. Dig this juried show featuring original fine art including jewelry, woodwork, painting, ceramics, and clothing.

SEPT. 17
Arab Cultural Festival County Fair Building, 9th Ave and Lincoln, Golden Gate Park, SF; www.arabculturalcenter.org. 10am-7pm. $2-5. Lissa Faker (Do you still remember?) is the theme for this year’s Arab Cultural Festival, featuring a bazaar with jewelry, henna, and Arab cuisine, as well as assorted folk and contemporary musical performances.

SEPT. 23–24
Autumn Moon Festival Grant between California and Broadway and Pacific between Stockton and Kearney, SF; (415) 982-6306, www.moonfestival.org. 11am-6pm. Free. At one of Chinatown’s biggest annual gatherings, you can see an acrobatic troupe, martial artists, street vendors, and of course, lots of moon cakes. I like the pineapple the best.

SEPT. 24
Folsom Street Fair Folsom between Seventh St and 12th St, SF; www.folsomstreetfair.com. 11am-6pm. Free. The world’s largest leather gathering, coinciding with Leather Pride Week, features a new Leather Women’s Area along with the myriad fetish and rubber booths. Musical performers include My Life with the Thrill Kill Kult, the Presets, and Blowoff, Bob Mould’s new collaboration with Richard Morel.

SEPT. 29–OCT. 1
A Taste of Greece Annunciation Cathedral, 245 Valencia, SF; (415) 864-8000, www.sfgreekfoodfestival.org. Call or check Web site for time. $5. Annunciation Cathedral’s annual fundraising event is an all-out food festival where you can steep yourself in Greek dishes, wine tasting, and the sounds of Greek Compania.

OCT. 3
Shuck and Swallow Oyster Challenge Ghirardelli Square, West Plaza, 900 North Point, SF; (415) 929-1730. 5pm. Free to watch, $25 per pair to enter. How many oysters can two people scarf down in 10 minutes? Find out as pairs compete at this most joyous of spectacles, and head to the oyster and wine pairing afterward at McCormick and Kuleto’s Seafood Restaurant, also in Ghirardelli Square.

OCT. 5–9
Fleet Week Various locations, SF; (650) 599-5057, www.fleetweek.us. Cries of “It’s a plane!” and “Now there’s a boat!” shall abound at San Francisco’s impressive annual fleet gathering. Along with ship visits, there’ll be a big air show from the Blue Angels and the F-16 Falcon Demonstration Team.

OCT. 5–15
Mill Valley Film Festival CinéArts at Sequoia, 25 Throckmorton, Mill Valley; 142 Throckmorton Theatre, 142 Throckmorton Ave, Mill Valley; Christopher B. Smith Rafael Film Center, 1118 Fourth St, San Rafael; (925) 866-9559, www.mvff.com. Call or check Web site for times and prices. Documentaries and features of both the independent and international persuasion get screentime at this festival, the goal of which is insight into the various cultures of filmmaking.

OCT. 6–14
Litquake Various locations, SF; www.litquake.org. San Francisco’s annual literary maelstrom naturally features Q&As and readings from a gazillion local authors, but also puts on display a staged reading of an Andrew Sean Greer story, music from Jay Farrar and Ray Manzarek, and a storytelling session with Sean Wilsey and his mother, Pat Montandon.

OCT. 12–15
Oktoberfest by the Bay Fort Mason Center, Marina at Laguna, SF; www.oktoberfestbythebay.com. Check Web site for times. $5-15. One of the few places your lederhosen won’t look silly is the biggest Oktoberfest left of Berlin, where the Chico Bavarian Band will accompany German food and a whole lotta beer.

OCT. 28–29
Wonders of Cannabis Festival County Fair Building, 9th Ave and Lincoln, Golden Gate Park, SF; (510) 486-8083, www.cannabisactionnetwork.org. 11am-7pm. $20. Ed Rosenthal, cannabis advocate extraordinaire, presents contests in comedy and joint rolling, cooking demonstrations, two musical stages, and some heavy-duty speakers: Terrence Hallinan, Ross Mirkarimi, Tommy Chong, and interestingly, Rick Steves of the eponymous PBS travel show. SFBG

Vote to impeach

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EDITORIAL Mainstream media reporters and pundits, as well as our cynical colleagues at the SF Weekly and the rest of their corporate alt-weekly chain, love to bash the San Francisco Board of Supervisors and the city councils of other Bay Area cities for passing resolutions on big questions like war, human rights, or impeachment.
We don’t share that view. Resolutions take almost no time or effort to pass, yet they are important barometers of popular political sentiment, tools that are particularly important given how both major political parties have shown more willingness to listen to their corporate backers than their lowly constituents. People need avenues to make their voices heard without the filters imposed by the leadership of the Democratic and Republican parties.
That’s why we’re happy that citizens in both San Francisco and Berkeley will get a chance to vote this November on the question of whether Congress should initiate impeachment proceedings against President George Bush and Vice President Dick Cheney for their many high crimes: fraudulently leading the United States into war, illegally spying on Americans, torturing enemies, claiming unconstitutional executive power, vioutf8g binding treaties, and engaging in war crimes and profiteering, among others.
Berkeley and San Francisco will be the first major American cities to allow a popular vote on this question. The Guardian in January was one of the first publications in the country to lay out in detail the impeachable crimes of the Bush administration (“The Case for Impeachment,” 1/25/06), joining a chorus of activists, scholars, and legal experts who say this is the only way to slow the country’s slide into empire and penetrate the Bush administration’s veil of secrecy.
Our congressional representatives have been terrible on this issue, showing more concern with seeking partisan advantage than upholding the Constitution. Rep. Nancy Pelosi has said the Democrats won’t pursue impeachment even if the party retakes Congress this fall. But maybe they’ll listen to the people directly telling them that we want Congress to finally launch a serious investigation into the many crimes perpetrated by the Bush administration.
This is a vote that the world wants to see us take. We commend the Berkeley City Council and SF supervisors Chris Daly, Ross Mirkarimi, Tom Ammiano, and Jake McGoldrick for giving the people this opportunity to be heard on the most important issue of our time. SFBG

Sue Bierman memorial, Sept. 3

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By Sarah Phelan
A memorial will be held for Sue Bierman on Sunday, Sept. 3, 2-4pm at Delancey St, 600 Embarcadero.
News that former San Francisco Sup. Sue Bierman died on the afternoon of Monday August 7 after her car crashed into a dumpster in the Cole Valley, got the current supervisors sharing memories of her at the August 8 Board of Supes meeting.
Sup. Gerardo Sandoval said “volumes could be written about the accomplishments” of this woman, who was “probably a grandmother/sister figure to many of us.”
Sup. Aaron Peskin called her “an incredible person, an FDR-type Democrat,” who was behind the demolition of the old Embarcadero freeway.”Said Sup. Ross Mirkarimi, “she was a hero in so many battles in San Francisco..most recently, when we were trying to bring attention to excessive, disproportionate closure of schools, Sue Bierman and her daughter were on the front line. She was very disarming, but very strong. I will miss her dearly.”
Sup. Sean Elsbernd acknowledged that “should she and I have served on the board together, we would have had a few disagreements. I’ll miss her look.”
Sup. Tom Ammiano recalled how,”When Carole Migden put on lipstick, Sue would follow, You knew something was going to happen, as if a secret handhske was involved…I don’t know if there’s a highway to heaven, but thanks to Sue it ain’t a freeway.”
Sup. Dufty remembered how she had a lot of influence over Mayor Willie Brown. “If you heard him cussing at Sue, you knew she’d won one over him.”
Sup. Alioto-Pier, noting how she and Bierman often did not agree when they were both on the Port Commission said, “She very eloquently told you, she was very forceful, she was always the first person to call, it was dismaying to hear her voice on the machine, saying, “michela,” in a shaky voice.
Sup. Daly said she was the champion of young adults–and renters.
‘She understood what made San Francisco great.”
And Gloria Young, clerk of the board, recalled trying to get Bierman, who served on the board from 1992-2000, to vacate her office at noon on the day she was termed out, so to tidy up before the new supe [Peskin] arrived.
“Absolutely not,” bierman is said to have said. “I’ll be working until the end of the day, It’s immportant to acknowledge thew constituents who put us in office.”
“And she left me with a big stack of books,” added Peskin. “They’re still on the shelf.”

Peskin’s political playbook

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By Steven T. Jones
Board of Supervisors president Aaron Peskin helped engineer the placement of some solid progressive measures on the fall ballot yesterday — and unsuccessfully tried to derail one that would give sick days to all SF workers. The Golden Gate Restaurant Association had been trying to weaken the measure with fewer sick days (five, rising to 10 after an employee works three years in the same job, which few in this category of worker do) and exemption of part-time employees (which, again, is most workers who don’t get sick days). Measure advocates say they were willing to compromise a little on the former request, but not the latter. So Peskin at the last minute not only said he won’t support the measure (after advocates say his aides said he probably would), but he also convinced Sup. Sophie Maxwell to pull her support, even though she’d already signed on the dotted line. That might have left advocates without the four supervisors needed to place the measure on the ballot, but they convinced Sup. Jake McGoldrick to lend his support. But in the end, election law requires all sponsoring supervisors to agree to let a colleague withdraw, and since Sup. Tom Ammiano couldn’t be found as the 5 p.m. deadline neared, the measure ended up going to the ballot with supervisors Chris Daly, Ross Mirkarimi, Ammiano and Maxwell as sponsors.
So what happened here? Well, it’s more than meets the eye.

Farewell, Sue Bierman

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By Sarah Phelan
News that former San Francisco Sup. Sue Bierman died Monday afternoon after her car crashed into a dumpster in the Cole Valley, got the current supervisors sharing memories of her at the August 8 Board of Supes meeting.
Sup. Gerardo Sandoval said “volumes could be written about the accomplishments” of this woman, who was “probably a grandmother/sister figure to many of us.”
Sup. Aaron Peskin called her “an incredible person, an FDR-type Democrat,” who was behind the demolition of the old Embarcadero freeway.”Said Sup. Ross Mirkarimi, “she was a hero in so many battles in San Francisco..most recently, when we were trying to bring attention to excessive, disproportionate closure of schools, Sue Bierman and her daughter were on the front line. She was very disarming, but very strong. I will miss her dearly.”
Sup. Sean Elsbernd acknowledged that “should she and I have served on the board together, we would have had a few disagreements. I’ll miss her look.”
Sup. Tom Ammiano recalled how,”When Carole Migden put on lipstick, Sue would follow, You knew something was going to happen, as if a secret handhske was involved…I don’t know if there’s a highway to heaven, but thanks to Sue it ain’t a freeway.”
Sup. Dufty remembered how she had a lot of influence over Mayor Willie Brown. “If you heard him cussing at Sue, you knew she’d won one over him.”
Sup. Alioto-Pier, noting how she and Bierman often did not agree when they were both on the Port Commission said, “She very eloquently told you, she was very forceful, she was always the first person to call, it was dismaying to hear her voice on the machine, saying, “michela,” in a shaky voice.
Sup. Daly said she was the champion of young adults–and renters.
‘She understood what made San Francisco great.”
And Gloria Young, clerk of the board, recalled trying to get Bierman, who served on the board from 1992-2000, to vacate her office at noon on the day she was termed out, so to tidy up before the new supe [Peskin] arrived.
“Absolutely not,” bierman is said to have said. “I’ll be working until the end of the day, It’s immportant to acknowledge thew constituents who put us in office.”
“And she left me with a big stack of books,” added Peskin. “They’re still on the shelf.”

Farewell, Sue Bierman

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I never had the honor of meeting Sue Bierman, but news that the former San Francisco supervisor died Monday afternoon after her car crashed into a dumpster in the Cole Valley, got the current supes sharing memories of her at the August 8 Board meeting. leaving me with the impression of a much loved, sometimes feared, outspoken and universally respected 82-year old.
Here’s just a sampling of some of the many tributes made:
“Volumes could be written about the accomplishments of this woman,” said Sup. Gerardo Sandoval said. “She was probably a grandmother/sister figure to many of us.”
Sup. Aaron Peskin called her “an incredible person, an FDR-type Democrat,” and the woman responsible for stopping the expansion of the freeway into the panhandle.
Said Sup. Ross Mirkarimi, “she was a hero in so many battles in San Francisco..most recently, when we were trying to bring attention to excessive, disproportionate closure of schools, Sue Bierman and her daughter were on the front line. She was very disarming, but very strong. I will miss her dearly.”
Sup. Sean Elsbernd acknowledged that “should she and I have served on the board together, we would have had a few disagreements. I’ll miss her look.”
Sup. Tom Ammiano recalled how,”When Carole Migden put on lipstick, Sue would follow. You knew something was going to happen, as if a secret handshake was involved…I don’t know if there’s a highway to heaven, but thanks to Sue it ain’t a freeway.”
Sup. Bevan Dufty remembered how Bierman had a lot of influence over Mayor Willie Brown. “If you heard him cussing at Sue, you knew she’d won one over him.”
Sup. Michela Alioto-Pier noted how she and Bierman often did not agree when they were both on the Port Commission.
“She very eloquently told you, she was very forceful, she was always the first person to call, it was dismaying to hear her voice on the machine, saying, ‘Michela,’ in a shaky voice,” Alioto-Pier recalled.
Sup. Chris Daly said bBerman was the champion of young adults–and renters.
‘She understood what made San Francisco great.”
And Gloria Young, clerk of the board, recalled trying to get Bierman, who served on the Board from 1992 until she was termed out in 2000, vacate her office at noon on the last day , so to tidy up before the new supe [Peskin] arrived.
“Absolutely not,” Bierman is said to have said. “I’ll be working until the end of the day, It’s important to acknowledge the constituents who put us in office.”
“And she left me with a big stack of books,” added Peskin. “They’re still on the shelf.”

The judge misses the point

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EDITORIAL The federal judge who allowed the largest media merger in Northern California history to go forward unimpeded did what far too many judges do in cases like this: she ruled narrowly on the tightest definition of the law and missed the overall point entirely. Judge Susan Illston rejected a bid by San Francisco real estate investor Clint Reilly to block Denver billionaire Dean Singleton’s effort to buy virtually every daily newspaper in the Bay Area and set up an unprecedented media monopoly. Reilly had sought an injunction against the deal, arguing that once it’s approved there will be no way to halt the obvious damage. Illston noted that Reilly had raised “serious questions” and agreed that there’s “a need to examine the proposed sale to ensure that no long-term harm will come to Bay Area residents.” But she insisted in a 16-page opinion that the deal posed no “pressing and imminent danger.” Wait: no imminent danger? One person could soon control every single significant news media outlet in the entire Bay Area save for the Hearst-owned San Francisco Chronicle — which also has a financial partnership with Singleton. What does Illston expect? That a year or two down the road, when residents of the region find themselves without any credible local newspapers and advertisers find nothing but high monopoly rates, someone can reexamine this and find that it was a bad idea? That’s silly. The time to put the deal on hold and address Illston’s “serious questions” is now, before it’s too late. Nobody will be able to unscramble this egg. But Illston didn’t get that at all. Instead, she ruled that the real threat of great harm was to the defendants — the billionaire publisher and his business associates. Actually, they face no risk of harm at all — except for the threat to their ability to make obscene profits by gutting newsrooms, combining operations, and tearing the heart out of Bay Area journalism. This is how Singleton, known (for good reason) as “Lean Dean,” operates. He likes what he calls “clusters” of papers — groups of newspapers in adjoining geographic areas. He centralizes as many functions as possible, reduces staff to the minimum necessary, then sits back and watches the cash roll in. In the Bay Area, that will probably mean that the big, expensive newsrooms of papers like the San Jose Mercury News and the Contra Costa Times will be pared down, perhaps merged into a single operating center. The various papers will share stories, so there won’t be much difference (or competition) between them. Old-fashioned concepts like investigative and enterprise reporting, which require time and resources, will disappear. None of this requires a law degree and a judicial robe to comprehend. It’s been happening all over the country; Singleton’s record is clear. Of course, it didn’t help that Reilly was all alone on this, a single local businessperson trying to block a massive media merger that the state and federal governments are apparently ready to approve with only cursory examination. The outcome might have been very different if Attorney General Bill Lockyer had appeared before Illston representing the state of California. But Lockyer is sitting on his hands — and the US Justice Department just announced that it won’t pursue the matter and is going to allow the merger to proceed (see www.sfbg.com). This doesn’t have to be the end of the case, by any means. Reilly can and should go forward with his suit as aggressively as possible. And Lockyer, who is running for state controller, and Jerry Brown, who is running for attorney general, need to stop ducking this issue and take a firm stand against the merger. SFBG PS All of the papers involved in the merger covered the ruling, but none of them quoted outside experts critical of Illston’s decision or critical of the merger itself. Bruce B. Brugmann, Guardian editor and publisher, posted some key questions for the publishers on his Bruce Blog at www.sfbg.com; here are some of them: Why, if Hearst and the publisher participants feel they can’t cover themselves, don’t they get quotes from journalism or law professors at nearby UC Berkeley, Cal State Hayward, Stanford, San Jose State, SF State, USF? Why don’t they check with other independent experts such as Ben Bagdikian of The Media Monopoly fame, who is living in Berkeley? Why don’t they quote union representatives at the Chronicle and Merc? Why don’t they quote the congressional delegation that called on the Department of Justice and the attorney general to carefully scrutinize the sale? Why don’t they call on Sup. Ross Mirkarimi, who introduced a local resolution opposing the sale, or any of the other supervisors who approved it unanimously? Why is it left to the handful of remaining independent voices to raise these critical questions? PPS Now that the investigation is closed, we’ve asked the Justice Department to release its full investigative file. We hope all the local daily publishers, who love to talk about open government, will support our request. Read the Alioto Legal Documents: Complaint.pdf Gannett-Stephens_Opp_to_ TRO.pdf Hearst_Opp_to_TRO.pdf McClatchy_opp_to_TRO.pdf MediaNews-Calif_Newspaper_Partnership_Opp_to_TRO.pdf Memo-Supp_of_Mtn_for_TRO.pdf Order_denying_TRO.pdf Plaintiff’s_Reply_to_Mtn_for_TRO.pdf

After oil

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OPINION Every day a river of cars flows across the Bay Bridge into San Francisco, bringing workers, tourists, and visitors to the city. Nearly all run on petroleum fuels. Every day a staccato procession of planes lands at SFO, bringing tourists, conventioneers, and returning residents. All fly on petroleum fuels. Every day a phalanx of trucks delivers food to grocery stores, restaurants, and corner markets. All run on petroleum fuels. Every day roads are paved, potholes are filled, roofs are tarred, machinery is lubricated, and tires are replaced. All are done with petroleum-derived products. Every day hundreds of thousands of purchases take place, every one enabled by petroleum.
What will happen when the petroleum behind all these activities costs $100 a barrel? $200 a barrel? Or more? San Francisco’s viability as a major West Coast city is based on cheap petroleum. But the century of cheap petroleum is quickly coming to an end, and an era of expensive, scarce oil is dawning. Just as US production of oil peaked in 1970, production of oil from an increasing number of other countries has peaked as well. Currently, 33 of the top 48 major oil producers in the world are in irreversible decline, among them the United Kingdom, Norway, Mexico, and Indonesia. Within a few years — and indeed some claim it has already happened — global oil production will peak, then begin a protracted decline. The consequences are unthinkable. A world — and a city — built on cheap petroleum faces the largest challenge of modern times.
Nothing exists that can seamlessly replace petroleum. For transport, ethanol and biodiesel have been touted but both require tremendously higher levels of energy inputs for production compared to petroleum, and the competition with food production is already apparent with the rising price of corn in the Midwest. For other uses — lubrication, paving, plastics, pesticides, pharmaceuticals, cosmetics, paints, inks, solvents, detergents, rubber, and thousands more — no drop-in substitute is remotely ready. Alternate sources — such as the tar sands of Canada — produce in net only a half barrel of oil for every barrel of energy consumed. As petroleum production reaches its peak, every aspect of our lives will be profoundly impacted.
What can be done? First, it’s important to understand the phenomenon. Peak oil is not an oil company conspiracy, nor is it the result of OPEC’s actions — this is the result of a century and a half of ever-rising exploitation of a finite energy source. Second, we need to examine how we use energy in San Francisco to determine ways to either reduce consumption or find nonfossil alternatives to supply it. We need to examine our food supply — completely dependent on petroleum for planting, harvesting, processing, and transporting — along with city operations and residential, commercial, and transportation requirements to assess their vulnerability in an era of rising energy prices.
In April, San Francisco became the first major city in the United States to pass a peak-oil resolution, and on July 28 the San Francisco Local Agency Formation Commission held the first in a series of hearings on the issue of peak oil. Over the next year the commission will hold additional public hearings to educate and inform the citizenry of San Francisco on peak oil and will be launching a study to identify the possible responses we can take. SFBG
Ross Mirkarimi
Sup. Ross Mirkarimi represents San Francisco District 5.

Monopolies are forever

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July 28, 2006

By Bruce B. Brugmann
(henceforth to be known as B3 in this Bruce blog)

Earlier this week I dropped by Christopher’s Books on Potrero Hill, my favorite neighborhood bookstore, and was delighted to find a new grassroots newspaper that is published, written, edited, and distributed by a l3-year-old young lady.

Oona Robertson calls her paper “The hill, a Potrero Hill Kids newspaper.” She writes that she has “lived on Potrero Hill all my life. I like to read, write, fence, play sports and be in nature. I live with my mom, dad, sister, brother, fish and cats. I hope you enjoy my newspaper.”

She says her paper is “for kids of all ages.” The current issue has a poem titled
”Ode to my cat,” an essay headlined “The benefits of not owning a car,” part two of a serial about l5-year-old kids spying on a rich man in a mansion in Napa, four “fun summer recipes,” a synopsis of two kids movies (“Cars” and “Garfield, a Tale of Two Kitties”), a review of “The Alex Rider series,” a “Corn Cake Monster” comic strip, advice for bored kids during the summer (“try the ultimate water fight: invite all your friends and kids from your block to come to your house for the ultimate water fight…bring water balloons, water guns, water bottles, buckets, soakers, anything they can think of…Then go into your backyard or out front and either organize teams or have a free for all.”

The monthly paper is sold for $l at Christopher’s Books, but Oona says for an extra $3 she will hand-deliver her paper, but only to the houses of Potrero Hill kids. She will also take ads for $l. And she will take editorial submissions from kids. (Send ads and submissions to the hill, %Christopher’s Books, 1400 l8th St., SF 94l07.)

The hill is an amazing bit of entrepreneurial journalism, which I was reading as an email came in from my source in Contra Costa County, a news junkie and First Amendment warrior, who regularly alerts me to news in the Contra Costa Times that doesn’t appear in the San Francisco Chronicle. Did you see that the judge is going against Clint Reilly on his antitrust suit, he asked. No, I replied, I didn’t see the story. So I checked and sure enough, buried on page 9 in the Bay Area section, with a wimpy little head “Early ruling denies bid to halt big media sale,” was a story in the classic Chronicle tradition of minimalist and pock-holed media and power structure reporting. For attentive Guardian readers, you know our competitive-paper line. But this story had major whoppers and raised in 96 point Tempo Bold a new flurry of unanswered questions about a media monopoly move that will (a) allow Denver billionaire Dean Singleton to buy the Contra Costa Times, San Jose Mercury-News and Monterey Herald, plus a batch of weeklies and free dailies, and pile them up in his existing stable of papers that ring the bay, and (b) thereby gain a chokehold on Bay Area journalism for the duration, and (c) destroy the last remaining daily competition in the Bay Area–with the Chronicle– by getting Chronicle owner Hearst to assist and invest in the deal with undisclosed multi-million dollar stakes in other Singleton properties outside the Bay Area.

Whopper No. l: “In issuing the preliminary ruling (against Riley and for the Hearst/Singleton consortium), U.S. District Judge Susan Illston said the defendants faced greater harm than Riley if the sale of the San Jose Mercury News and Contra Costa Times was halted. ’I don’t see imminent irreparable harm to the plaintiffs,’ she said.”

Whopper No. 2: “Alan Marx, an attorney for MediaNews (Singleton), said there will be no cooperation between Hearst and MediaNews after the transaction. He said serious delays to the sale could force MediaNews to incur interest rate penalties of at least $22 million on loans that MediaNews has arranged to finance the purchase.”

Pow! Pow! Pow! If this single ownership chokehold on the Bay Area is not “irreparable damage,” then what is? Why is the federal judge worried about “irreparable damage” to billionaires in New York (Hearst) and Denver (Singleton), as well as the other billionaire partners to the deal in Sacramento (McClatchy) and MClean, Va. (Gannett) and Las Vegas (Stephens), and not worried about “irreparable damage” to the public, to readers, to advertisers, to competitive papers, to the health and welfare of their local communities, and to the marketplace of ideas principle underlying the First Amendment?

Some other key questions that the Chronicle and the other participants in the deal aren’t raising and answering: How can the publishers proceed before the Justice Department and the Attorney Generals approve and sign off on the deal? Why don’t they ask Attorney General Bill Lockyer about the status of his investigation? Lockyer, after all, is running for state treasurer and is on the campaign trail, as is Oakland Mayor Jerry Brown, who is running for Attorney General. Lockyer appeared on the Will and Willie show on the Quake last week and left the room, just before Guardian executive editor Tim Redmond came on. Redmond opened up his remarks by saying that he wished he had known Lockyer was on the show, because he would have asked him about his investigation. And then Tim and Will Durst and Willie Brown discussed the impact of the Hearst/Singleton issues in an open and lively way almost never done in the mainstream media. Why are Lockyer and Brown on the lam, and allowed to be on the lam, when they are once again running for major statewide offices? Let me note that they refuse to answer our repeated questions on the deal.

More questions: why, if Hearst and the other publishers feel they can’t cover themselves, don’t they get comments and op ed pieces from journalism or law professors at nearby UC-Berkeley, Cal-State Hayward, Stanford, San Jose State, SF State, USF? Why don’t they check with other independent experts such as Ben Bagdikian of “Media Monopoly” fame, who is living in Berkeley? Why don’t they quote Norman Solomon, a local media critic who writes a nationally syndicated column? Or Jeff Perlstein, executive director of Media Alliance or the Grade the News media reporting operation housed at San Jose State University? Why don’t they quote union representatives at the Chronicle and Merc? Why don’t they quote any one of the six U.S. representatives from the Bay Area that called on Justice and the AG to carefully scrutinize the sale? Why don’t they call on Sup. Ross Mirkarimi, who introduced a local resolution opposing the sale, or any of the other supervisors who approved it unanimously? (Note: the Chronicle refused to run the Mirkarimi resolution even though I personally hand-carried it to the Chronicle City Hall reporters in the City Hall pressroom.) Why is it left to the handful of remaining independent voices to raise these critical questions?

I’m sending these questions to the local publishers, and I’ll let you know what they say.

Hearst has never been much good on local power structure issues (witness its blackout of the PG&E-Raker Act scandal), but things will only get worse when it is comfied and liquored up with Singleton and there is no real daily competition in the Bay Area. The way Hearst and the other billionaire publishers blacked out and minimalized this critical story–a story critical to their future credibility and influence–is a harbinger of the future of journalism in the Bay Area and beyond. Alas. Alas.

I sometimes think that Oona Robertson and the hill can do better.

This is my first blog, so please be kind until I get the hang of it and get safely out of my Royal typewriter past. I have much to say, in a journalism career that started at age 12 on the famous Lyon County Reporter in my hometown of Rock Rapids, Iowa. I wrote a rousing story about catching a trout in the Black Hills on a vacation with my parents. I wrote a column for four years during high school, wrote off and on through the years and even worked a summer as the only reporter on the paper. I learned a couple of key things in the College of Community Journalism in Rock Rapids: that it is important to be accurate, and good spirited, because the locals know the story and read the paper to see if you got it right. And that, when you write about somebody, you write knowing you may seeing them later that day at the Grill Cafe or Brower’s Pool Hall or the golf club.

In Rock Rapids, I always felt I was having an ongoing conversation with the the people in town and on the farms. And, for the past 40 years at the Guardian, I have felt that the Guardian staff and I were conversing with our readers and the people of San Francisco. So now, with the magic of the internet and the blog, I hope to converse even more directly with our readers. Join the conversation. Join the fun. B3

THURSDAY

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JUlY 27

EVENT

Annalee Newitz

The title of Guardian contributor Annalee Newitz’s weekly column, Techsploitation, is perfect on so many levels: she has a Ph.D. from Berkeley, but she’s also totally down with porn, true-crime books, and Z-grade sci-fi movies – viva “sploitation”! Fittingly, her new book, Pretend We’re Dead: Capitalist Monsters in American Pop Culture, is based on her doctoral research – and it contains zombies. Tonight’s reading also features a B-movie trivia contest. (Cheryl Eddy)

7 p.m.
City Lights Bookstore
261 Columbus, SF
Free
415) 362-8193
www.techsploitation.com

EVENT

Jeff Adachi campaign kickoff

Party with the public defender and Sups. Ross Mirkarimi and Aaron Peskin at a re-election campaign kickoff. (Deborah Giattina)

5:30-8:30 p.m.
Glas Kat Supper Club
520 Fourth St., SF
Free
(415) 553-9520

Hot times

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By Steven T. Jones
I finally got around to seeing An Inconvenient Truth on Friday night, just as the realities of global warming couldn’t be more clear. It was downright balmy at 10 pm when I stepped out of the theater and the weekend only got hotter from there, breaking heat records all over the country. I spent Sunday with my kids in Modesto and endured 115 degree heat, the kinda weather that convinces some bodies to simply drop dead. And it’s only going to get worse, a truth both incontrovertible and inconvenient to our status quo political and media establishment, which love to mock progressive voices like the Guardian who urge radical change. Even here in San Francisco, we’re still fighting about whether to facilitate bicycling and other measures that discourage driving cars. It’s maddening. Sup. Ross Mirkarimi will this Friday at 1:30 hold a hearing on Peak Oil before LAFCO — which will likely be belittled by the Chron and the Ex’s resident blowhard Ken Garcia. They prefer small potatoes BS like clean streets and playing nice with downtown and love to mock supervisors who talk about war, human rights, or saving the planet. But in the absence of leadership at the state and federal levels on the most important issues of the day, maybe it does become incumbent on San Francisco to step up and lead. Maybe radical proposals have become the most reasonable. And for the rest of us, even the small stuff will help.

Hot times

0

By Steven T. Jones
I finally got around to seeing An Inconvenient Truth on Friday night, just as the realities of global warming couldn’t be more clear. It was downright balmy at 10 pm when I stepped out of the theater and the weekend only got hotter from there, breaking heat records all over the country. I spent Sunday with my kids in Modesto and endured 115 degree heat, the kinda weather that convinces some bodies to simply drop dead. And it’s only going to get worse, a truth both incontrovertible and inconvenient to our status quo political and media establishment, which love to mock progressive voices like the Guardian that urge radical change. Even here in San Francisco, we’re still fighting about whether to facilitate bicycling and other measures that discourage driving cars. It’s maddening. Sup. Ross Mirkarimi will this Friday at 1:30 hold a hearing on Peak Oil before LAFCO — which will likely be belittled by the Chron and the Ex’s resident blowhard Ken Garcia. They prefer small potatoes BS like clean streets and playing nice with downtown and love to mock supervisors who talk about war, human rights, or saving the planet. But in the absence of leadership at the state and federal levels on the most important issues of the day, maybe it does become incumbent on San Francisco to step up and lead. Maybe radical proposals have become the most reasonable. And for the rest of us, even the small stuff will help.