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Well, not exactly

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When supporters of Prop. 90 submitted their ballot argument for the state voters handbook, they made sure to list off the poignant tales of some eminent domain victims.
But perhaps the stories of these victims could have included a little more detail.
The owner of a luggage store in Los Angeles, Bob Blue, did indeed have his 5,500 square-foot building threatened by a multimillion-dollar redevelopment project. But the city of Hollywood backed off recently following a wave of opposition and the condominiums and apartments planned for the location will now be literally built around him.
A redevelopment board in Long Beach offered the pastor of a small Filipino church there $850,000, 13 possible alternative locations and moving expenses before giving up earlier this year in exasperation on Roem Agustin and his congregation, which didn’t want to go. The city had hoped to build an affordable housing complex where the church was located.
Manny Romero’s restaurant was targeted by the apparently not-so-bright city of Arcadia that wanted to help a nearby Mercedes dealership expand its parking lot, but officials have since backed away fearing retribution from angry residents and what most certainly would have been an enormous amount of bad press.
The fourth “eminent domain victim” cited by Prop. 90 supporters is actually the best one as far as politically charged case studies go. John Revelli was truly screwed by the city of Oakland when in the summer of 2005 he was forced to give up his tire shop for a real-estate development paid for in part by public funds. The area has been designated as a redevelopment zone for 20 years. The city offered about $650,000 plus relocation expenses to move, but Revelli and the owner of the land, Tony Fung, believed they’d never manage to afford a new location. Revelli has since become a part-time national spokesperson for the fight against eminent domain.

The Prop. 90 money trail

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Prop. 90’s moneyed backers are battle-scarred veterans of an ongoing movement across the United States to foist right-wing ballot measures onto voters at the state level using gobs of money from a handful of enormously wealthy libertarian ideologues.
The largest contributors have links to the infamous anti-tax zealot Grover Norquist who once famously vowed to cut government in half and “get it down to the size where we can drown it in the bathtub.”
As of late September, the pro-Prop. 90 Protect Our Homes Coalition had spent $3.4 million on its campaign, most of the expenditures covering campaign literature, phone banks and petition circulators. Nearly half of the money — $1.5 million — came from a group known as the Fund for Democracy, which was founded by a wealthy New York libertarian activist and real-estate investor named Howie Rich. The advocacy group has bankrolled anti-government ballot measures across the United States including a handful aimed at capping annual spending for state governments.
That effort began in Colorado with the so-called Taxpayer’s Bill of Rights, a voter insurrection similar to California’s Proposition 13. Colorado’s TABOR, as it’s also known, allows for the state’s government to generate revenue equal only to the previous year’s budget plus the inflation rate. TABOR so badly crippled Colorado after it was passed in 1992 that it left the state’s health care and education infrastructures gasping for air, and Colorado voters temporarily put it on hold last year as a result. But that didn’t slow down Rich and others, who attempted to introduce TABOR-like initiatives elsewhere.
The other large contribution of $1 million to the Prop. 90 campaign came from the Illinois-based Americans for Limited Government. ALG helped fund an attempt to impose revenue caps on Oklahoma lawmakers last year, but that was shot down after a company hired by the group Oklahomans in Action to gather signatures was caught illegally bussing in petition circulators from out of state.
So far, Protect Our Homes has spent a whopping $1.8 million just to circulate petitions in California and tens of thousands more on campaign consultants, according to state records.
Large contributions to Protect Our Homes also came from the ALG-supported group Montanans in Action ($600,000), the Illinois-based and pro-TABOR Club for Growth State Action ($220,000) and Colorado at its Best ($50,000). Most of the large contributors have some sort of link to Howie Rich. The San Francisco Chronicle concluded early last month that some of Rich’s political groups have received money from Norquist in the past.
Advocacy groups are legally permitted to spend as much as they like on ballot initiatives in California.

Bayview’s perspective

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› steve@sfbg.com
Consider the perspective of Marie Harrison and her political allies in Bayview — including the owners and writers at the San Francisco Bay View newspaper — whose support for Proposition 90 has put them at odds with the progressive political community.
Harrison, who is running for supervisor against incumbent Sophie Maxwell, lives on Quesada Avenue just off Third Street, in a diverse neighborhood bustling with vitality. Residents have transformed the wide median on her street into a gorgeous community garden. Almost all the houses are owner-occupied and well maintained.
“Blight” is not a word that most people would use to describe this neighborhood. Yet that is the word city officials have used to justify their decision earlier this year to turn this neighborhood and the rest of Bayview–Hunters Point into the biggest redevelopment area in city history over the strident objections of Harrison and others.
Redevelopment is a process that collects annual property tax increases into a fund that the San Francisco Redevelopment Agency uses to subsidize favored development projects, usually working with big developers and often bundling properties together for them to use, seizing the land by eminent domain if need be.
“The Redevelopment Agency is like a monster,” Dr. Ahimsa Porter Sumchai, a physician who covers the environment for the Bay View, told the Guardian while sitting in Harrison’s house.
For Harrison and others who moved to this neighborhood after being forced out of the Fillmore by another redevelopment effort that began in the ’60s, redevelopment means one thing: displacement of existing residents, or “repeopling,” a disturbing term that Harrison said she found in some Redevelopment Agency literature. They see it as simply a land grab by greedy developers working in cahoots with Mayor Gavin Newsom and the political establishment.
“Yeah, we’d like to see our community built up and look nice. But does that mean I don’t get to live here?” said Harrison, who, like many Bayview residents, owns her home but struggles to get by: she works, and her husband has two jobs, but they still live month to month.
It is that fear that caused Harrison to support Prop. 90 even after editors at the Guardian and other progressive voices tried to convince her that the state measure’s damaging aspects far outweigh its protections against eminent domain.
While Harrison admitted, “I see some things in Prop. 90 that scare the shit out of me,” she said, “desperation has set in.
“They’ve taken all hope. I see that I have to protect my community. Somebody has to remove the fear…. In this community, [Prop. 90 is] a hope and a chance.”
Where Maxwell and city leaders who favor redevelopment see progress, Harrison and others see an insidious conspiracy to take control of Bayview away from the people who live there.
And the narrative that city government is out to get Bayview has recently been reinforced by other actions: Newsom’s announcement that he wants to use Bayview–Hunters Point as a staging ground for the 2016 Olympics; expanded plans for upscale housing development around Candlestick Park; City Attorney Dennis Herrera’s rejection of a seemingly successful referendum drive challenging the Bayview Hunters Point Redevelopment Plan and the refusal of the Board of Supervisors to allow a vote on the matter; city staffers issuing regular citations to Bayview property owners to make improvements or risk fines; the Housing Authority’s failure to properly maintain the projects it manages; Herrera’s decision this month to seek civil injunctions preventing the free association of purported members of the Oakdale Mob; and the Redevelopment Agency’s Oct. 17 decision to let Lennar Corp. out of its pledge to build rental units on Parcel A of the former Hunters Point Naval Shipyard.
Add it all up, and it becomes understandable why many Bayview residents buy into the vision that Bay View publisher Willie Ratcliff has repeatedly put on the front page of his newspaper: “the bulldozers are at our borders,” just waiting to turn Bayview into one more white yuppie enclave and make a handful of politically connected developers rich in the process.
Officials strenuously deny this is true, arguing that this redevelopment project is all about helping the area by building more affordable housing, infrastructure, and open space and noting how the plan strictly forbids the seizure of residential property by eminent domain.
“The agency has that historical baggage, but we haven’t done anything like that in many years,” Marcia Rosen, director of the Redevelopment Agency, told us.
That hasn’t allayed fears in Bayview or among its allies outside the community, most notably Brian Murphy O’Flynn, whose North Beach property was seized by the city in 2003 to be turned into a park.
“I thought, ‘These people are getting steamrolled,’” O’Flynn told us. “The people there are going to be displaced…. It comes down to money. [Powerful people] want that neighborhood. It’s right on the water, and it’s going to make some people rich.”
Nonetheless, O’Flynn has concerns about the other impacts of Prop. 90, so much so that he has parted ways with his Bayview allies on the measure and refused requests by Prop. 90 advocates to join the campaign.
“I have no position on 90,” O’Flynn said. “But I understand how it came about.” SFBG

The dirt in D6

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› amanda@sfbg.com › sarah@sfbg.com If you live in San Francisco’s District 6, it’s pretty difficult to avoid what some residents are calling a new filth polluting Tenderloin corners and SoMa streets. It’s not overflowing trash bins or urine-stained door frames — it’s the relentless election billeting that uses those images to support Rob Black and oppose Chris Daly for the district’s seat on the Board of Supervisors. “We’re tired of talk. Of loud, whining, condescending, offensive, abusive, lying, showcasing, arrogant talk,” reads a recent poster on a telephone pole. “District 6 is dirty and dangerous. District 6 is still poor. Chris Daly is why. Dump Daly. Back Rob Black.” “I was totally offended by this,” Debra Walker, a progressive activist and resident of the district for 25 years, told the Guardian. “This kind of message intentionally suppresses the vote. People I’ve talked to in the district who aren’t very political are totally turned off by the mailings from Rob Black or made in his benefit.” Some of the mailings, posters, and literature can be directly attributed to independent expenditure (IE) committees recognized by the Ethics Commission and acting legally. Some, however, have more dubious ancestry but apparent links to a campaign attorney with a long history of using millions to control the outcome of elections in San Francisco: Jim Sutton (see “The Political Puppeteer,” 2/4/04). Sutton did not return calls for comment. Most of the anonymous literature directs people to the Web site www.DumpDaly.org. SFSOS’s Wade Randlett told us his group paid for the site and a volunteer set it up. SFSOS and Sutton formed Citizens for Reform Leadership 1–6 — IE committees listed on many of the signs and much of the literature, including the poster quoted above. The committees haven’t filed any IE reports with the Ethics Commission. Walker, along with Maria Guillen, vice president of SEIU Local 790, and another District 6 resident, Jim Meko, submitted a complaint with the Ethics Commission on Sept. 29 with nine pieces of physical evidence supporting their concern that the roof had been blown off the $83,000 spending cap on the campaign, in place because all candidates agreed to public financing. The evidence submitted with the complaint varied and included three different mailers from “Concerned Residents of District 6,” a committee that has yet to exist on paper in the Ethics Commission filing cabinets. The mailers from the “Concerned Residents” are glossy triptychs critical of Daly but not explicitly advocating for another candidate. They do not state the amount the committee paid for them, which is required of any electioneering communication. On Oct. 6 the Ethics Commission released a statement saying the spending cap for District 6 was no longer in effect. John St. Croix, executive director of the commission, has identified at least $90,000 in IEs, including three unreported mailers. “At some point we will attempt to determine who distributed the mailers,” St. Croix said. “But it’s not likely before the election.” The tactic of breaking the law before the election and taking the heat after the ballots are in has been used in the past, and this new example flouts recently passed legislation. These mailings should have been filed with the Ethics Commission, according to an ordinance passed in 2005 in response to similar anonymous hit pieces that came out in the elections of 2003 and 2004 against Supervisors Gerardo Sandoval and Jake McGoldrick. (Sutton defended SFSOS’s main funder, Donald Fisher, in his successful Strategic Lawsuit Against Public Participation against Sandoval over the issue.) “It’s a strategy taken straight from Karl Rove’s playbook,” Meko, a 30-year SoMa resident, told us. Joe Lynn, former Ethics Commission member and staffer, told us “all the committees in San Francisco should turn their backs on contributions from people who are involved in this scheme — at least until they explain their involvement. These are the most sophisticated folks in San Francisco politics. I think a full investigation including possible criminal activity ought to be assigned to a master.” He said District Attorney Kamala Harris used Sutton in her race and therefore may have a conflict of interest. The Rob Black for Supervisor committee claims no connection to the literature that hangs on doorknobs and clogs mailboxes, the push polls calling people, or the postings in the streets and tucked under windshields. “I don’t support the anonymous pieces. If people are doing it on my behalf, I don’t want it,” Black told us. But Daly told us “the IEs appear to be coordinated…. The Black committee is not running a campaign that would be independently competitive. He’s only sent one piece of mail, but he’s had eight sent on his behalf.” Residents suggest it’s even more than that: Walker received three more anti-Daly mailers Oct. 20. Black confirmed that he had only sent one mailing to the district, and he’s “not surprised” that so many IEs have sent out mailings in his support. With the exception of a filing from the Police Officers Association, the only legal IEs reported with the Ethics Commission so far are from the Building Owners and Management Association (BOMA) and Golden Gate Restaurant Association (GGRA). They also trace back to Sutton, Black’s former boss at Nielsen Merksamer, a law firm that represented PG&E in the 2002 campaign against public power, for which the firm was fined $100,000 for failing to report until after the election $800,000 from PG&E, the biggest fine ever levied by Ethics. Sutton left the firm shortly after. Black stayed on until 2004, when he took a position as legislative aide with Michela Alioto-Pier. The most recent poll released by Evans McDonough purports to show Black ahead by six points (with a five-point margin of error). It was commissioned by Barnes, Mosher, Whitehurst, Lauter, and Partners, which has also been employed by Sutton through BOMA and the GGRA for the IEs in the District 6 election. The financial shenanigans have been a rallying point for the Daly campaign. More than 70 volunteers signed in at an Oct. 21 rally and hit the streets: shaking hands, distributing literature, and making phone calls raising support for Daly. Sup. Ross Mirkarimi criticized the soft money’s “ugly, nasty, mean-spirited tactics” to oust Daly. “If they have to resort to these tactics, is that the kind of government we want in San Francisco?” he asked the crowd. “This is the nastiest, most personal and hateful thing I’ve ever been involved with,” Daly said. “It’s very painful.” But, he said, “our people power is better than their money power.” Outside a volunteer shouted into a bullhorn, “Don’t let downtown interests buy your democracy!” SFBG

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.

SPECIAL: Candy apples and razor blades

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› gwschulz@sfbg.com
Colorado Springs, Colo., is likely the most Christian city in America, a Vatican for the Evangelicals, if you will. It’s home base for some of the most potent forces in Christian conservative politics, and perhaps no place in the country celebrates Christmas with as much conviction. The central Colorado city of 350,000 even sports a 25-acre Christmas-themed amusement park known as Santa’s Workshop that stays open from spring until the end of the year, complete with rides and a shop selling miniature nativity sets and Precious Moments figurines. Christmas, more than any other event, defines the reputation of this sort of conservative religious town.
San Francisco, on the other hand, could be the most secular city in America — and as far as national holidays go, Halloween best represents our taste for light sin and playful fascination with the demonic.
And for better or worse, much of it happens in the Castro, in a giant frenzy of partying that attracts not only local revelers but spectators from around the Bay Area. Therein lies what over the years has become something of a problem.
With literally days remaining before more than 100,000 people are expected in the neighborhood, the city still hasn’t made clear exactly how it’s going to respond, what the rules will be — or whether partyers will really be greeted at 11 p.m. with water hoses.
In fact, some fear that the confusion and disorganization, combined with rumors that the city wants to make the event as unpleasant as possible to discourage huge crowds, could lead to a nasty backlash.
The last couple of years haven’t actually been all that bad, according to post-Halloween Chronicle headlines. “A Not-Too-Scary Halloween,” began last year’s headline. “Police call Castro event one of the most peaceful lately.” A 2004 story declared the event that year for the most part a success too, the Chron’s perpetually nerdy headlines notwithstanding. “Spooky but Safe Fright Night: Tens of thousands converge on the Castro for a far-out, but peaceful, celebration.” Even 2003 wasn’t necessarily that terrible, despite one guy getting shot in the leg. The cops aggressively worked to keep out booze, and a lane through the crowds was widened for emergency vehicles.
But Castro residents haven’t forgotten when things did get out of control. A record 300,000 people turned out in 2002, and police said at the time that well before midnight, the crowd’s mood had turned dark. Four people were stabbed or slashed, bottles were lobbed at the cops, and 30 people were arrested. In 2001, 50 people were arrested, and one woman told police that she was drugged, abducted, and taken to a dirt road in South San Francisco, where she was raped by three men.
And community concerns about violence are on the rise these days in the Castro, where three assaults have taken place since July.
Frustration over what Halloween in the Castro had become — it began three decades ago as a block party and turned into a regional event for wall-to-wall crowds, which police in 2002 estimated were 60 percent visitors to the city — led to this year’s event becoming a campaign issue for District 8 incumbent Bevan Dufty and challenger Alix Rosenthal.
In a larger sense, the debate raises a question that has the late-night crowd up in arms: is San Francisco becoming too staid and cautious to hold a big, wild party?
Complaints about Halloween have been growing for some time. Castro residents and merchants who have grown tired of having to mop up foreign substances from the sidewalks and repair broken windows each year on Nov. 1 have approached Dufty, who earlier this year proposed ending all city support for the event in the hope of keeping the big, rowdy crowds away.
Problem is, you can’t really scrap Halloween in the Castro. Critics of Dufty’s proposal feared (and likely hoped) revelers would show up anyway.
Since then, Dufty and other city officials have been looking for a compromise — but few specifics have emerged. Dufty, who has been involved in negotiations with neighborhood residents and city officials, promised weeks ago that an outline for security measures and an entertainment itinerary would be available at www.halloweeninthecastro.com. But at press time the Web site was still empty.
“It’s totally appalling that the first planning meeting was in July,” Rosenthal said in an interview. “It should have been organized a year in advance…. I haven’t seen any public service announcements. If you’re going to fundamentally change an event like Halloween, you need to tell people what you’re going to do.”
Suggestions from Dufty, confirmed for us by the Mission District police station, include having just one music stage (there were three last year), keeping the Castro Muni open as opposed to previous years, and beefing up the public-safety presence at Market and Noe streets. Then, at 11 o’clock, water trucks would appear to clean the streets.
Over the last few months Rosenthal has suggested that the event be turned into a parade to keep the anxious crowds occupied, similar to what takes place in New York’s Greenwich Village each year. Access would be limited to one entry gate where sliding scale donations would be taken to help cover costs, and costumed attendees, whom Rosenthal said would perhaps be less likely to cause major disturbances, would receive a discount. Other access points would be for exits only.
She said police commanders from the Mission station have taken the position that Halloween should be as unpleasant as possible to discourage large crowds in the future, but the result could be angry resistance from partygoers. Sgt. Mark Solomon from the Mission station said he wouldn’t describe it as “unpleasant” but said there are certain types of visitors who can cause a variety of problems for the neighborhood.
“The outsiders who are coming in and urinating and defecating on the sidewalks and having sex and leaving the condoms behind, we’re going to address those kinds of problems and make them not want to come back,” Solomon said.
Rosenthal remains skeptical that Halloween in the Castro is sufficiently organized this year and properly balances honoring a long-running tradition and meeting the needs of fed-up Castro residents.
“There are a lot of people who just want to get rid of Halloween in the Castro entirely,” she said. “We can make this a fun party. Making this unpleasant will only make it more violent. I fear retribution.”
The Mayor’s Office now appears to have taken over responsibility for the event, but Martha Cohen, whom Dufty told us is in charge of the event, wasn’t available for comment.
Ted Strosser of the fun-advocacy group SF Party Party, which is celebrating its one-year anniversary on Halloween, said the outfit is concerned that allowing too many restrictions for the event would stifle the city’s traditional reverence for street parties. SF Party Party plans this year to canvass the city again with 100 costumed and party-crawling Abe Lincolns. He said trying to end Halloween in the Castro altogether would cause the same problems for Gavin Newsom that Willie Brown experienced when he attempted to rub out Critical Mass in the ’90s — record-breaking participants turned out as a show of force.
“San Francisco says it can safely host the Olympics, but it can’t host Halloween and deal with some San Jose teens,” Strosser said. “If SF can’t keep us safe and clean up trash, then that’s a problem.”
Dufty, for his part, told the Guardian again that maps should be up at www.halloweeninthecastro.com outlining the finalized plan shortly after we go to press. He said one of the biggest changes this year was keeping open the Castro Muni stop and admitted that the goal was to tone down Halloween. Some Castro residents still want entirely to get rid of Halloween, he said.
“I have spent so much time on Halloween,” he added. “I think it’s not fair I’m getting the smackdown for not wanting to have fun…. I feel responsible to make sure that everyone feels safe.” SFBG
Editor’s note: Alix Rosenthal is the domestic partner of Guardian city editor Steven T. Jones. Jones did not participate in the assigning, writing, or editing of this story.

A tough pill to swallow

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The furor over escautf8g prescription drug prices has inspired dozens of state investigations and civil lawsuits in recent years across the United States, most of them targeting manufacturers.
But another factor in the increases quietly surfaced Oct. 6 in a Boston federal courthouse. Two major Bay Area companies were accused in court documents of infutf8g the cost of prescription drugs to the tune of an estimated $7 billion between 2001 and 2005.
The Wall Street Journal first reported in early October that a drug data publishing company based in San Bruno called First DataBank had reached a settlement with a group of unions in Massachusetts and Pennsylvania over how the company gathered and presented prices in the pharmaceutical catalog that it’s maintained for years.
First DataBank is a subsidiary of the New York–based media empire Hearst Corp., owner of the San Francisco Chronicle, Esquire, and dozens of other publications across the country. Another company still being targeted by the plaintiffs is the San Francisco–based drug wholesaler McKesson Corp., which earned $88 billion in revenue last year and is ranked 16th among Fortune 500 companies.
First DataBank’s price listings play an enormous role in determining what Americans pay for medications. When you receive a bottle of antibiotics to treat an infection, for instance, your private health insurer or state Medicaid program (known as Medi-Cal here) will refer to First DataBank’s listed drug prices as a benchmark to determine what it’ll pay the pharmacy as a reimbursement. That means if the benchmark goes up, so too can your insurance premiums and the cost to state governments.
The settlement, according to federal records, forces First DataBank to adjust the formula it uses to determine those prices. An economist hired by the plaintiffs testified that the savings in 2007 alone for consumers could amount to a staggering $4 billion. First DataBank has also agreed to cease publishing the prices in their drug guides within two years.
Physicians, hospitals, pharmacists, and all manner of other health care professionals pay First DataBank a subscription rate for access to a digital clearinghouse of information on drug dosages and allergies, among other things.
More importantly, First DataBank publishes what’s known as an “average wholesale price” for more than 290,000 pharmaceuticals. There are three major drug wholesalers in the United States, including McKesson, that buy drugs directly from manufacturers and then mark up the price before selling the drugs to pharmacies. The average wholesale price — widely used around the country to determine what pharmacies will get as a reimbursement — is supposed to be a reasonable reflection of what the pharmacies pay the wholesalers for drugs.
First DataBank claimed to survey these wholesalers to come up with an average price that includes the markup, which it then lists in its drug-pricing database. But in recent years, the Journal reported, such surveys have been few and far between, and sometime around 2002, First DataBank inexplicably froze the markup at 25 percent, even though the prices pharmacies were actually paying fluctuated dramatically due to competition.
Citing testimony from one employee, the Journal notes that First DataBank began surveying only one company to come up with its average: McKesson. The cost to pharmacies still varied, but McKesson had reportedly standardized its markups on paper at 25 percent. That meant insurers and state health care administrators relying on First DataBank were making reimbursements that translated to higher profits for the pharmacies.
The employee’s testimony and documents in the case indicated that McKesson knew exactly what was happening. What remained unclear at press time was why First DataBank would choose to survey only McKesson or how it might have benefited from the decision.
The Journal notes the pharmacies were the only ones that stood to profit from the standardized markups, not McKesson directly. But internal McKesson e-mails show the company not only was aware of its impact on First DataBank’s published figures but hoped pharmacies would see McKesson working in their best interests — a marketing scheme, if you will.
An e-mail from one McKesson product manager gleefully exclaims that the profit for pharmacies dispensing a bottle of the cholesterol drug Lipitor leaped from $6.86 to $17.18.
First DataBank admitted no wrongdoing and is not paying money to the plaintiffs of the Boston settlement. The company was founded in 1977, and Hearst purchased it in 1980. Federal records show that in 1998, Hearst bought a $38 million company that owned one of First DataBank’s only real competitors, Medi-Span.
A later investigation by the Federal Trade Commission revealed that Hearst had failed to turn over key documents to the Justice Department’s antitrust division during the sale. As a result the feds slapped Hearst with a $4 million fine in 2001, at that time the largest premerger antitrust penalty in US history. The FTC also belatedly concluded that Hearst’s ownership of Medi-Span gave it a monopoly over the drug database market and not only required that Hearst give up Medi-Span but forced the company to disgorge $19 million in profits generated from the acquisition.
Hearst spokesperson Paul Luthringer directed us to a bare-bones statement when the Guardian called with questions about the Boston suit. “The allegations made in these actions have raised concerns with respect to the integrity of the pricing information that is provided to First DataBank for purposes of publishing [the average wholesale price],” the release states. “In light of these concerns, First DataBank has determined to make certain changes in its drug pricing reporting practices.”
Climbing drug costs can’t be attributed mainly to First DataBank or McKesson, of course. In fact, recent investigations and civil suits spearheaded to find out why prices have skyrocketed have focused on the manufacturers. During those inquiries First DataBank has been hit with dozens of subpoenas nationwide requesting company records and testimony, according to San Mateo Superior Court records. Many of those cases are still ongoing.
Attorneys for the plaintiffs in Boston who made McKesson and First DataBank defendants in the summer of 2005 declined to comment. McKesson also has remained tight-lipped since the Journal story was published. Spokesperson James Larkin said the company would not answer questions beyond a prepared statement.
“If First DataBank decided to survey McKesson only, it did so without telling McKesson,” the statement reads. “In fact, First DataBank has affirmed in an earlier lawsuit involving other parties that it never told McKesson that at times McKesson was the only wholesaler being surveyed.” SFBG
Here are links to key documents, including federal court records of the Oct. 6 Boston settlement with the Hearst-owned First DataBank (www.hagens-berman.com/first_data_bank_settlement.htm), the Justice Department’s antitrust fine of Hearst in 200l (www.usdoj.gov/atr/cases/indx330.htm), and the Federal Trade Commission decision requiring Hearst to give up its monopolistic subsidiary, Medi-Span (www.ftc.gov/bc/healthcare/antitrust/commissionactions.htm).

The first 40

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› bruce@sfbg.com
On Oct. 27, l966, my wife, Jean Dibble, and I and some journalist and literary friends published the first issue of the first alternative paper in the country that was designed expressly to compete with the local monopoly daily combine and offer an alternative voice for an urban community.
We called it the San Francisco Bay Guardian, named after the liberal Manchester Guardian of England, and declared in our statement of intent that the Guardian would be a new model for a big-city paper: we would be independent and locally owned and edited, and we would be alternative to and competitive with the San Francisco Examiner and San Francisco Chronicle, which were published under a joint operating agreement that allowed them to fix prices, pool profits, share markets, and avoid competition.
We stated that “the Guardian is proposed, not as a substitute for the daily press, but as a supplement that can do much that the San Francisco and suburban dailies, with their single ownership, visceral appeal and parochial stance, cannot and will not do.” And we played off the name Guardian by stating that we would be “liberal in assessing the present and past (supporting regional government, nuclear weapons control, welfare legislation, rapid transit, tax reform, consumer protection, planning, judicial review, de-escalation and a promptly negotiated settlement in Vietnam.)” But the Guardian would also be “conservative in preserving tradition (civil liberties and minority rights, natural resources, watersheds, our bay, our hills, our air and water).”
It was rather naive to challenge the Ex-Chron JOA with little more than a good idea and not much money and a wing and a prayer. We had almost no idea of what we were getting into in San Francisco, a venue that Warren Hinckle of Ramparts and many other defunct publications would later describe as the Bermuda Triangle of publishing. But we had, I suppose, the key ingredient of the entrepreneur — the power of ignorance and not knowing any better — and somehow thought that if we could just get a good paper going, the time being l966 and the place being San Francisco and the world being full of possibilities, we would make it, come hell or high water.
Well, after going through hell and high water and endless soap operas for four decades, Jean and I and the hundreds of people who have worked for the Guardian through the years have helped realize the paper’s original vision and created something quite extraordinary: an influential new form of independent alternative journalism that works in the marketplace and provides what little real competition there is to the monopoly dailies. And let me emphasize, the alternatives do not require government-sanctioned JOA monopolies and endless chains and clusters of dailies and the other monopolizing devices that dailies claim they need to survive.
Today I am delighted to report that there are alternative papers competing effectively with their local chains throughout the Bay Area (seven, more than any other region), throughout the state from Chico to San Diego (22, more than any other state), and throughout the nation (126 in 42 states, with a total circulation of 7.5 million, and more coming all the time). There are even cities with two and three competing alternatives, and there are cities where the monopoly daily is forced by the real alternatives to create faux alternatives to try to compete (it doesn’t work). And alas, there is now a Village Voice–New Times chain of 17 papers in major markets, including San Francisco and the East Bay, that is abandoning its alternative roots and moving to ape its daily brethren.
Jean and I met at the University of Nebraska at Lincoln in 1957. Two friends and I were driving around Lincoln one fine spring day, drinking gin and tonics, which were drawn from a tub of gin and tonic that we had mixed up and stashed in the trunk of our car. We happened upon Jean and her younger sister, Catherine, who had come from a Theta sorority function and were standing on a street corner waiting for their mother to pick them up and take them to the Dibble family home in nearby Bennet (population: 412). We stopped, convinced them to ride with us, and got them safely home. They declined our offer of gin and tonics, as did their astonished parents and grandmother when we arrived at the Dibble house.
Jean and I made a good team. We both had small-town Midwestern values and roots in family-owned small-business. Her father owned lumberyards in small towns in southeast Nebraska. Her maternal grandfather founded banks in Kansas and Nebraska and was the state-appointed receiver for failed banks in Kansas during the Depression. Her paternal grandfather owned a grocery store in Topeka, Kan. Jean had the business background and the ability to create a solid start-up plan — she was a graduate of the Harvard-Radcliffe Program in Business Administration and had worked in San Francisco for Matson Navigation as well as Hansell Associates, a personnel firm.
I was the son and grandson of pioneering pharmacists in Rock Rapids, Iowa. (Population: 2,800. Slogan: “Brugmann’s Drugs. Where drugs and gold are fairly sold. Since l902.”) I had the newspaper background, starting at age l2 writing for my hometown Lyon County Reporter (under the third-generation Paul Smith family); going on to the campus paper (which we called the Rag) and then the Lincoln Star (under liberal city editor “Sterl” Earl Dyer and liberal editor Jimmy Lawrence); getting a master’s degree in journalism at Columbia University in New York City; and then working at Stars and Stripes in Korea (dateline: Yongdongpo), the Milwaukee Journal (where I got splendid professional training at one of the top 10 daily papers in the country), and the Redwood City Tribune (where I plowed into some of the juicy Peninsula scandals of the mid-l960s in bay fill, dirt hauling, and the classic Pacific Gas and Electric Co.–Stanford University Linear Accelerator battle). To those who ask how Jean and I have worked together for 40 years, I just say we have complementary abilities: she handles the bank, and I handle PG&E.
Not only did I find my partner at the University of Nebraska, but I also got the inspiration for the Guardian. In fact, I can remember the precise moment of truth that illuminated for me the value of an alternative paper in a city with a monopoly daily press (then, in Lincoln, a JOA between the afternoon Lincoln Journal and the morning Lincoln Star) that was tied into the local power structure, then known as the O Street gang (the local business owners along the downtown thoroughfare O Street). The O Street gang was so quietly powerful that it once decided to fire the Nebraska football coach before anyone bothered to notify the chancellor.
As a liberal Rag editor in the spring of 1955, I had just put out an important front-page story on how one of the most controversial professors on campus, C. Clyde Mitchell, who had been under fire for years from the conservative Farm Bureau and others because of his liberal views on farm policy, was being quietly axed as chair of the agricultural economics department.
We had gotten the tip from one of Mitchell’s students and had confirmed it by talking to professors in his department who had attended the meeting where the quiet firing was announced by Mitchell’s dean. Our lead story was headlined “Ag Ex Chairman Mitchell said relieved of post, outside pressures termed cause.” And I wrote a “demand all the facts” editorial arguing in high tones that “any attempt to make professors fair game for irresponsible charges, any attempt by pressure groups unduly to influence the academic position of university personnel … is an abridgment of the spirit of academic freedom and those principles of free communication protected by the Constitution and the Bill of Rights.” It was a bombshell.
The Lincoln Journal fired back immediately with a classic daily front-page story seeking to “scotch” the nasty rumors started by that pesky Rag on the campus. The story had all the usual recognizable elements: it did not independently investigate, did not quote our story properly, did not call us for comment, took the handout denial from the university public relations office, and put it out without blushing. Bang, that was to be the end of it, on to the next press release from the university.
It made me mad. I knew our story was right, the daily story was wrong, and the story was important and needed to be pursued. And so I stoked up a campaign for the rest of the semester that ultimately emboldened Mitchell to make formal charges that the university had violated his academic freedom. He gave us the scoop for two rousing final editions of the Rag. The proper academic committee investigated and upheld Mitchell but dragged the case out and waited until I graduated to release the report.
Against the power structure and against all odds, Mitchell, the Rag, and I had won the day and an important victory on behalf of academic freedom in a conservative university in a conservative state during the McCarthy era. During this battle I learned how the power structure fights back against aggressive editors. At the height of my campaign defending Mitchell, I was kept out of the Innocents Society, the senior men’s honorary society, although my four subeditors and managers all made it in. The blackball, the campus rumor went, came directly from the regents president, J. Leroy Welch, then president of the Omaha Grain Exchange (known to our readers as the “Old Grain Head”), via the chancellor via the dean of men.
I am forever indebted to them. They taught me at an impressionable age about the power of the alternative press and why it is best exercised by an independent paper on major power structure issues. They also taught me a lot about press freedom, which they were trying to grab from the Rag and me, and how we had to fight back publicly and with gusto.
When Jean and I founded the Guardian, we did so in the spirit of my old Rag campaigns. In fact, we borrowed the line from the old Chicago Times and put it on our masthead: “It is a newspaper’s duty to print the news and raise hell.” We wanted a paper that would be willing and able to do serious watchdog reporting and take on and pursue the big stories and issues that the monopoly dailies ignored — and then were ignored by the radio, television, and mainstream media that take their news and policy cues from the Ex and Chron. In JOA San Francisco that was a lot of stories, from the PG&E Raker Act scandal to the Manhattanization of the city to the theft of the Presidio to the steady conservative downtown drumbeat on such key issues as taxes, social justice, the homeless, privatization, war and peace, and endorsements.
Significantly, because of our independent position and credibility, we were able to lead tough campaigns on public power, kicking PG&E out of a corrupted City Hall and putting a blast of sunlight on local government with the nation’s first and best Sunshine Ordinance and Sunshine Task Force.
Our first big target in our prototype issue was the Ex-Chron JOA agreement, which we portrayed in an editorial cartoon as two gigantic ostrich heads coming out of a single ostrich body, marked in the belly with a huge dollar sign. Our editorial laid out the argument that we have used ever since in covering the local monopoly and in positioning the Guardian as the independent alternative. “What the public now has in San Francisco, as it does in all 55 or so of 1,461 cities with dailies, is a privately owned utility that is constitutionally exempt from public regulation, which would violate freedom of the press. This is bad for the newspaper business and bad for San Francisco.”
The Guardian prospectus, used to raise money for the paper, bravely put forth our position: “A good metropolitan weekly, starting small but speaking with integrity, can soon have influence in inverse proportion to its size. There is nothing stronger in journalism than the force of a good example.”
It concluded, “The Guardian can succeed, despite the galloping contraction of the press in San Francisco, because there are many of us who feel that the newspaper business is a trade worth fighting for. That is what this newspaper is all about.” And we quoted the famous phrase used by Ralph Ingersoll in the prospectus for his famous PM newspaper in New York: “We are against people who push other people around.”
Our journalistic points were embarrassingly timely. A year before the Guardian was launched, Hearst and the Chronicle had formed the JOA with the Examiner and killed daily newspaper competition in San Francisco. The two papers combined all their business operations — one sales force sold ads for both, one print crew handled both editions, one distribution crew handled subscriptions and got both papers out on the streets. The newsrooms were supposedly separate — but as we pointed out over and over at the time and ever after, the papers lacked any economic incentive to compete.
The San Francisco JOA became the largest and most powerful agreement of its kind in the country, and San Francisco was the only top-10 market in the country without daily competition.
This was all grist for the Guardian editorial mills because the JOAs, most notably the recent SF JOA, were in serious legal trouble. The US attorney general was successfully prosecuting a JOA in Tucson, Ariz., claiming the arrangement was a violation of antitrust laws. Naturally, the local papers were blacking out the story. But if the Tucson deal was found to be illegal, the Chron and Ex merger would be illegal too — and the hundreds of millions of dollars the papers were making off the arrangement would be gone.
The JOA publishers, led by Hearst and the Chronicle, quietly started a major lobbying campaign in Washington for emergency passage of a federal law that would retroactively legalize their illegal JOAs. They called it the Newspaper Preservation Act. Meanwhile, the late Al Kihn, a former camera operator for KRON-TV (which was at the time owned by the Chronicle), had prompted the Federal Communications Commission to hold hearings on whether the station’s license should be renewed. His complaint: his former employer was slanting the news on behalf of its corporate interests. We pounced on these stories with relish.
For example, in our May 22, 1969, story “The Dicks from Superchron,” we disclosed how private detectives under hire by the Chronicle were probing Kihn’s private life and seeking to gather adverse information about him to discredit his complaint and to “harass and intimidate him,” as we put it. Later, I found that the Chronicle-KRON had also hired private detectives to get adverse information on me.
I was a suspicious character, I guess, because I had gone to the KRON building to check the station’s public FCC file on the Kihn complaints, the first journalist ever to do so. The way the story came out at a later hearing was that the station’s deputy director left the room as I was going through the records and called Cooper White and Cooper, then the Chronicle’s law firm. An attorney called their investigators, and four cars of detectives were pulled off other jobs and ordered to circle the building until I came out and then follow me when I left the station to return to my South of Market office. They also surveilled me for several months and even sent a detective into the office posing as a freelance writer. (The head of the detective agency and I later became friends, and he volunteered that I was “clean.” He gave me a pillow with a large eye on it that said “You are being watched.” I displayed it proudly in my office.)
Kihn and I were asked to testify before a Senate committee about the Chronicle-KRON’s use of private detectives at hearings on the Newspaper Preservation Act in Washington in June 1969. I took the occasion to call the legislation “the bill for millionaire crybaby publishers.”
I detailed the subsidies in their special interest legislation: “amnesty, immunity from prosecution, monopoly in perpetuity, the legal right to gun down what few competitors remain, and as the maraschino cherry atop this double-decker sundae, anointment as the preservers and saviors of the newspaper business.” And I summed up, “If you plant a flower on University of California property or loose an expletive on Vietnam, the cops are out of the chutes like broncos. But if you are a big publisher and you violate antitrust laws for years and you emasculate your competition with predatory practices and you drive hundreds of newspapers out of business, then you are treated as one of nature’s noble men. And senators will rise like doves on the floor of the US Senate to proffer billion-dollar subsidies.”
After I finished, Sen. Everett Dirksen (R-Illinois) rose as the first dove and characterized my testimony as “quite a dramatic recital” but said that I had not provided a “workable, feasible solution.” Sen. Philip Hart (D-Michigan) recommended that the publishers ought to “read their own editorials and relate them to their business practices.” Morton Mintz, who covered the hearing for the Washington Post, came up and congratulated me. His story, with my picture and much of my testimony, was on the front page of the Post the next day.
Back in San Francisco the Chronicle published a misleading short story in which publisher Charles de Young Thieriot avoided admitting or denying the detective charge and added he had no further comment. Less than a week later, Thieriot wrote the Senate subcommittee and admitted to the charge, saying the use of the detectives was “entirely reasonable and proper.” This statement, which contradicted his statement in his own paper, was not reported in the Chronicle. The “competing” Examiner also reported nothing — neither the original private detective story nor the Washington testimony nor the Thieriot admission.
Nor did either paper report anything about the intensive JOA lobbying campaign headed by Hearst president Richard Berlin, who twice wrote letters to President Richard Nixon threatening the withdrawal of JOA endorsements in the l972 presidential election if he refused to sign the final bill. This episode illustrated in 96-point Tempo Bold the pattern of Ex and Chron suppression and obfuscation they used to advance their corporate agenda at the expense of the public interest and good journalism, all through the years and up to Hearst’s current monopoly maneuvers with Dean Singleton and the Clint Reilly antitrust suit to stop them.
Perhaps the most telling incident came when Nicholas von Hoffman, in his Washington Post column that was regularly run in the Chronicle, called the publishers “as scurvy as the special interests they love to denounce.” He singled out the Examiner and Chronicle publishers, writing that they were “so bad that the best and most reliable periodical in the city is the Bay Guardian, a monthly put out by one man and a bunch of volunteer helpers.” Neither paper would run the column, and neither paper would publish it as an ad, even when we offered cash up front. “The publisher has the right to refuse to run anything he wants, and he doesn’t have to give a reason,” the JOA ad rep told us. The Guardian of course gleefully ran the censored column and the censored ad in our own full-page ad.
On July 25, l970, the day after Nixon signed the Newspaper Preservation Act, the Guardian filed a major antitrust action in San Francisco attacking the constitutionality of the legislation and charging that the Ex-Chron JOA had taken the lion’s share of local print advertising, leaving only crumbs for other print publications in town. We battled on for five years but finally settled because the suit became too expensive. The Examiner and Chronicle continued to black out or marginalize the story, but they and the other JOA papers gave Nixon resounding endorsements in the l972 election even though he was heading toward Watergate and unprecedented disgrace.
Well, in October 2006 the mainstream press is a different creature. Hearst and publisher Dean Singleton are working to destroy daily competition and impose a regional monopoly. The Knight-Ridder chain is no more, and the McClatchy chain has turned the KR remains into what I call Galloping Conglomerati. Even some alternatives, alas, are now getting chained. Craigslist has become a toxic chain. Google, Yahoo!, and Microsoft (known as GYM in the online world) are poised to swoop in on San Francisco and other cities throughout the land to scoop up the local advertising dollars and ship them as fast as possible back to corporate headquarters on a conveyor belt.
I am happy to report on our 40th anniversary that the Guardian is aware of the challenge and is gearing up in the paper and online to compete and endure till the end of time, printing the news and raising hell and forcing the daily papers to scotch the rumors coming from our power structure exposés and our watchdog reporting. The future is still with us and with our special community and critical mission, in print and online. See you next year and for 40 more. SFBG
STOP THE PRESSES: As G.W. Schulz discloses in “A Tough Pill to Swallow,” (a) Hearst Corp. was fined $4 million in 200l by the Justice Department for failing to turn over key documents during its monopoly move to purchase a medical publishing subsidiary, the highest premerger antitrust fine in US history, according to a Justice Department press release; (b) Hearst was also forced by the the Federal Trade Commission to unload the subsidiary to break up its monopoly and disgorge $l9 million in profits generated during its ownership; (c) Hearst-owned First DataBank in San Bruno was alleged in the summer of 2005 to have inflated drug costs by upward of $7 billion by wrongly presenting drug prices, according to a lawsuit reported in a damning lead story in the Oct. 6 Wall Street Journal. Hearst blacked out the stories. And the Dean Singleton chain circling the Bay Area hasn’t pounced on the stories as real daily competitors used to do with fervor.
STOP THE PRESSES 2: SOS alert to the city and business desks of the “competing” Hearst and Singleton papers: here are the links to the key documents cited in our stories, including federal court records of the Oct. 6 Boston settlement with the Hearst-owned First DataBank (www.hagens-berman.com/first_data_bank_settlement.htm), the Justice Department’s antitrust fine of Hearst in 200l (www.usdoj.gov/atr/cases/indx330.htm), and the Federal Trade Commission decision requiring Hearst to give up its monopolistic subsidiary, Medi-Span (www.ftc.gov/bc/healthcare/antitrust/commissionactions.htm).

Or you can read the Guardian each week in print or online.

Politics, beauty, and hope in the Guardian’s arts pages


Forty years of fighting urbicide — and promoting a very different vision of a city

Breakfast with Dr. Bish

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This weekend brings a major event: the rare return of Bruce Baillie — whose visions of San Francisco are just as brilliant and uncanny, if not as famous, as Alfred Hitchcock’s — to a movie screen in the city. Contemporary filmmaker Apichatpong Weerasethakul, the director making the most revelatory commercial features today, cites Baillie as his favorite experimental filmmaker. Though Baillie primarily made short films, the philosophical rivers of beauty that run between their works are deep. The moment seemed more than right for a conversation between Baillie and filmmaker Michelle Silva, who helps run Canyon Cinema, one of the two organizations (along with SF Cinematheque) that Baillie founded. They got on the phone and let the tape roll. SFBG We’re recording. BRUCE BAILLIE How do they say that in the industry? SFBG “For quality assurance, we’re recording this conversation.” BB Well, for the recorder’s sake, I might be mumbling a little, because I’m still eating my second bowl of cereal. It’s the famous Dr. Bish’s elixir, which all filmmakers require. SFBG You’ve built a monumental body of cinema now housed in our Library of Congress. You’ve also founded two distinguished organizations, the avant-garde film distributor Canyon Cinema and the experimental film and video exhibitor San Francisco Cinematheque, which both began in your own backyard over 40 years ago. At the beginning, did you have any forethought about the significance of your work and the movement you would initiate? BB To give a generic response, probably not. People don’t operate that way generally. Adolf Hitler probably had a pretty grand idea at the beginning, but it was ill founded. Theater was always one of the bases. I was very taken by Balinese theater and Noh theater. Also [Jean] Cocteau’s admonishments that all theater must arise from local familiarity. We had all those ingredients there, almost like baking bread, and it did arise very nicely and warmly and simply. We had a theater in the woods with the neighbors coming over and putting up park benches. There was a big old willow tree by our house and conveniently, a hill behind that held the big surplus screen nicely. I always say to myself, “What is theater made of?” and it really is any collage collection of sticks and stones. It can be highly technical or it can be like the charred bones and the fire out in the desert of Mongolia. If it’s done with that kind of ancient mind-set, that kind of respect and adulation of the content — and also the Irish tradition of the manner of presentation — then you’re all right. It could be under the apple tree that I’m looking at now while we speak. I’m not too worried about all the modern stuff, aside from the problem of the way semiconscious people identify with the mere technology of it and become two-dimensional. Then you don’t have theater, you have President Bush at Harvard taking business administration. SFBG When I watch your films, such as Here I Am, the tightly framed faces reveal unconventional beauty. Could you talk about the people who do appear in your films? BB I will try … I’m going to have to wash the Bishery off my teeth. The only trouble with the Bish formula at breakfast is that it not only gives you thick ankles eventually if you keep eating it, but it’s also hard on the dentures or teeth. We don’t like to admit it on the labels. We have a big business shipping this stuff out of the house in a dehydrated form to all the filmmakers in the world. Especially in Asia, it’s very popular. We sent a batch to South Korea for a festival. I just got their booklet back, from a Dr. Kim. I didn’t realize she was such an esteemed colleague of the doctor here. Apparently the huge batch of dehydrated Bishery was rejected by most of the younger people there, who prefer their own diet, so they sent it up to North Korea. I don’t know what’s going to come of that. I might be able to save us from the bombs and everything they’re trying to throw over here. Anyway, avante, as my old friend would say — on to the question. There’s all kinds of references in our literature, especially, I suppose, in the holy works like the Gita and the writings of the Buddha, which run across the idea of direct perception. Just seeing. Or in the Bible, the Old Testament. Or the Tibetan teachings for the acolytes who were becoming monks and priests — they used to sit up above the road, maybe one at a time, and observe the faces coming up from the world below. For some reason, when most people take a camera in hand and click on a face, all they get is a two-dimensional representation. I don’t see why I’d wanna be satisfied by that. When you photograph, you photograph what is, not what is merely apparent or not. That’s the assignment, really, and it’s not completed and shouldn’t be exceptional. SFBG The spiritualism in your films, like Mass of the Dakota Sioux, Tung, and On Sundays, seems to be combined with a little bit of disdain for modern civilization. There’s that mixture. BB Well, there’s what Jesus called hatred of the world — which is something one might be able to teach his or herself along the way, to give up all the appearances and become one with the continuity of life flow itself. That’s a whole process. Some people, like myself, are born with a disdain, yes, for the world in that other sense. For example, my totem animal is a wolf, and I’ve never liked my neighbors. That’s a horrible thing, but I was born with that in my portfolio and I work with that every day. Some people really are very fond of going to the supermarket and the malls and are able to behave themselves when they’re buying a pair of shoes. Actually, whether they believe in it all or not doesn’t seem to come into any question, and overall it’s quite wonderful that they’re able to be not only very kind but loving with all of these comings and goings. To me, going to the aerodrome to pick up the Alaska Air number 387 is the most frightening kind of experience that anyone could have devised in purgatory. In my own case, since you’re asking me, this person, not someone else, about the images they project, the images are contaminated with not only a great universal love but at the same moment a great hatred for the goings on of worldly affairs and events and shapes and forms. So as I get into nature I find it less contaminated by man’s touch, but it’s also frightening in its own way, of course, with all the monsters at the edge of the world that are ready to devour you when you’re out on your sailboat in the Atlantic. And the tigers in the night and the ragings of the great beasties. SFBG In your work there will sometimes be a shot where the subject is the mist or the fog. Those two aspects cut together create a tension that has an emotional effect. How would you say your palette developed and matured over time? BB I lived my life with the camera and I deliberately took on nothing else. No family, which is the main thing one gives up to live that kind of life, and I lived en route, always on the move. Living in my car, just seeing and trying my best to get it through that little eyepiece, that little Bolex viewfinder — the first version, which was half the size of the later version. I can’t see through it anymore, it’s so small. There’s no reason at all to settle for anything less than a grand attempt at bringing back from the unknown what is there. The what is of this. Part of it can kind of humorously involve a practice that I used to throw out when I was teaching, that is, to learn to become invisible. I would line all my students up and say, “OK, everybody close their eyes,” and then I would run around the corner [laughs] and disappear. We’d go into it a little further, where I’d say, “What I really meant was we have to learn not to use the camera, just the way a policeman has to learn not to use his or her pistola.” It’s a weapon, a medium, that exists between self and other. One must become selfless, invisible, in order to relate to the other or vice versa. “When you meet the tiger on the trail, you become one with him instantly by your training so that there’s no fear.” Rather than ignorantly involving one’s self in confrontational relationships, one intelligently unifies the selfhood between the two appearances and it becomes one reality. That’s how you work with a Bolex. (Intro by Johnny Ray Huston; interview by Michelle Silva)

Buried treasure

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› gwschulz@sfbg.com
Despite the fast-moving urban centers that surround it on each side of the San Francisco Bay, not much about Treasure Island has changed since it was shut down as a United States naval station 10 years ago.
After the feds ceased operations on the island and at several other military installations in the mid-’90s, the idea was to give the land to local governments for redevelopment to fill the economic void of losing active bases. Since then, several plans for Treasure Island have been floated with great fanfare in the press, but all have become mired in the infamously contentious development politics of San Francisco.
Late last month, after three years of deadline extensions, the Treasure Island Development Authority (TIDA) finally received a full-blown plan from the developer — a partnership between Lennar Corp., Wilson Meany Sullivan, and Treasure Island Community Development — that was given exclusive negotiating rights over the land three years ago.
The $1.2 billion redevelopment plan must now run a gauntlet of state and local approval, including consideration from the Board of Supervisors, which is expected to hold hearings and debate the plan by the end of the year. It isn’t likely that construction will begin on the island for at least a couple more years.
The latest proposal anticipates about 6,000 new homes, 1,800 of which will be targeted to low-income residents, including 750 units for households earning no more than 60 percent of San Francisco’s median income and 440 built as part of a program for the homeless. Plans include town houses, single-family homes, and high-rise residential towers, although at least half the properties will be limited to 65 feet in height.
Right now the island contains about 800 occupied units, over half of which are market-rate leases with the John Stewart Co., while about 200 are operated under the Treasure Island Homeless Development Initiative. By the time the project is done, according to the newest plan, the island’s population is expected to balloon to around 10,000 residents, plus around 3,000 new workers necessary to maintain the minicity.
Some of the existing housing stock will be demolished, or as the plan calls it, “reconstructed.” Current residents will have an option to move into the new units or be placed in a lottery if demand for certain types of units outstrips the supply. The plan calls for about 27 percent of the overall planned housing units to be rentals.
Private automobile use would be regulated by metering ramp access to the island during peak commute hours; assessing possible congestion fees for driving on the island; limiting residential parking; and emphasizing thruways that promote walking, bicycling, and public transit.
Much of the development is slated for the west side of the island — with its breathtaking and profitable views of the city — near an existing ferry terminal that would provide access to the city all day long.
Treading lightly, Sup. Chris Daly, whose District 6 includes the island, said he supports the environmental and housing components so far, but if existing island residents mount significant opposition for any reason, he’d consider opposing the plan.
“You don’t know how clean something is until you take it out of the wash, and they’re just now starting to throw it in,” Daly told the Guardian.
Rob Black, Daly’s main challenger in the upcoming election, lives on Treasure Island. He was similarly cautious. “I think people have finally begun to think in a more progressive way about making this a more sustainable neighborhood,” Black told us. “Past plans have been so poorly put together.”
On the local level, the plan must be approved in the coming months by both the TIDA board and the Board of Supervisors. After that, it will undergo an extensive environmental impact review by the city’s planning department before returning to the board for final local approval.
The developer and the TIDA board — which is composed entirely of mayoral appointees, three of whom work directly for Mayor Gavin Newsom — must still overcome other major hurdles as well, including the fact that the Navy hasn’t turned over any of the land yet and likely won’t without major concessions.
The Bush administration has stalled the transfer, pushing for some payment before giving up valuable federal land. One tentative option is to relieve the Navy of about $45 million in environmental cleanup costs for which it is currently responsible. Those costs would then be borne by the redevelopment plan and the developer, which has already pledged $26 million for remediation. The land became contaminated in part after decades of military activity that included emergency drills with radioactive materials.
David Rist, a project manager for the state Department of Toxic Substances Control, which is overseeing the cleanup, said that while there is some contamination where residents are living today, it doesn’t pose an immediate threat to human health. Identified contaminants include dioxin, lead, and PCBs. Rist told us the cleanup, regardless of who ends up paying for it, will be “significantly done in the next two and a half years.”
After mulling over ideas, TIDA finally brokered an exclusive deal in 2003 with a company incorporated as Treasure Island Community Development, a group of Democratic Party heavyweights with deep links to the current and former mayoral administrations and other top elected Democrats.
Jay Wallace, a project planner for Treasure Island Community Development, said the plan’s mammoth size and uniqueness have required considerable and time-consuming attention to specifics. Investors anticipate spending $500 million of their own money, but they’re looking to earn upward of $125 million in profits, according to the plan.
The remaining cost of about $760 million for infrastructure, open space, and transportation system improvements could be covered largely by tax increment financing from the redevelopment area and Mello Roos bonds, both of which would essentially be funded by future property taxes, according to the latest term sheet.
Wallace told the Guardian that his group “has worked in good faith and transparency throughout this project, with over 150 public meetings before reaching this milestone and presenting this plan to the city.”
Daly said that while “there are going to be a hundred issues that need to be worked out,” the green-meets-affordable-housing theme “is the right proposal for San Francisco.”
“Political connections to the Newsom juggernaut notwithstanding, these guys are politically savvy enough to know what’s wise and what isn’t,” he said. “On the actual merits of the proposal, it’s palatable if you’re OK with the concept of high-rises in the middle of the bay.” SFBG

East Bay races and measures

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Editor’s note: The following story has been altered from the original to correct an error. We had originally identified Courtney Ruby as running for Alameda County Auditor; the office is actually Oakland City Auditor.

Oakland City Auditor
COURTNEY RUBY
Incumbent Roland Smith has to go. He’s been accused of harassing and verbally abusing his staff and using audits as a political weapon against his enemies. The county supervisors have had to reassign his staff to keep him from making further trouble. And yet somehow he survived the primary with 32 percent of the vote, putting him in a November runoff against Courtney Ruby, who led the field with 37 percent. Ruby, an experienced financial analyst, would bring some credibility back to the office.
Peralta Community College Board, District 7
ABEL GUILLEN
Challenger Abel Guillen has extensive knowledge of public school financing and a proven commitment to consensus building and government accountability. In the last six years Guillen, who was raised in a working-class community and was the first in his family to go to college, has raised $2.2 billion in bond money to construct and repair facilities in school districts and at community colleges. Incumbent Alona Clifton has been accused of not being responsive to teachers’ concerns about the board’s spending priorities and openness.
Berkeley mayor
TOM BATES
This race has progressives tearing at each other’s throats, particularly since they spent a ton of cash last time around to oust former mayor Shirley Dean and replace her with Tom Bates, who used to be known as a reliable progressive voice.
Bates’s reputation has shifted since he became mayor, and his record is a mixed bag. This time around, he stands accused of setting up a shadow government (via task forces that duplicate existing commissions but don’t include enough community representatives), of giving developers too many special favors instead of fighting for more community benefits, and of increasingly siding with conservative and pro-landlord city council member Gordon Wozniak.
The problem is that none of Bates’s opponents look like they would be effective as mayor. So lacking any credible alternative, we’ll go with Bates.
Berkeley City Council, District 1
LINDA MAIO
Incumbent Linda Maio’s voting record has been wimpy at times, but she is a strong proponent of affordable housing, and her sole challenger, Merrilie Mitchell, isn’t a terribly serious candidate. Vote for Maio.
Berkeley City Council, District 2
DONA SPRING
A valiant champion of every progressive cause, incumbent Dona Spring is one of the unsung heroes of Berkeley. Using a wheelchair, she puts in the energy equivalent of two or three council members and always remains on the visionary cutting edge. If that weren’t enough, her sole challenger, Latino businessman and zoning commissioner Raudel Wilson, has the endorsement of the Berkeley Chamber of Commerce. Vote for Spring.
Berkeley City Council, District 7
KRISS WORTHINGTON
Incumbent Kriss Worthington is an undisputed champion of progressive causes and a courageous voice who isn’t afraid to take criticism in an age of duck and run, including the fallout he’s been experiencing following the closure of Cody’s on Telegraph Avenue, something conservatives have tried to link to his support for the homeless. His sole challenger is the evidently deep-pocketed George Beier, who describes himself as a community volunteer but has the support of landlords and the Berkeley Chamber of Commerce and has managed to blanket District 7 with signage and literature, possibly making his one of the most tree-unfriendly campaigns in Berkeley’s electoral history. Keep Berkeley progressive and vote for Worthington.
Berkeley City Council, District 8
JASON OVERMAN
Incumbent Gordon Wozniak postures as if he is going to be mayor one day, and he’s definitely the most conservative member of the council. During his tenure, Wozniak has come up with seven different ways to raise rents on tenants in Berkeley, and he didn’t even vote against Gov. Arnold Schwarzenegger’s special election last year. Challenger Jason Overman may be only 20 years old, but he’s already a seasoned political veteran, having been elected to the Rent Stabilization Board two years ago. Vote for Overman.
Berkeley city auditor
ANN-MARIE HOGAN
Ann-Marie Hogan is running unopposed for this nonpartisan post, which is hardly surprising since she’s done a great job so far and has widespread support.
Berkeley school director
KAREN HEMPHILL, NANCY RIDDLE, NORMA HARRISON
With five candidates in the running and only three seats open, some are suggesting progressives cast only one vote — for Karen Hemphill — to ensure she becomes board president in two years, since the job goes to the person with the most votes in the previous election.
Hemphill has done a great job and has the support of Latino and African American parent groups, so a vote for her is a no-brainer.
So is any vote that helps make sure that incumbents Shirley Issel and David Baggins don’t get reelected.
Nancy Riddle isn’t a hardcore liberal, but she’s a certified public accountant, so she has number-crunching skills in her favor. Our third pick is Norma Harrison, although her superradical talk about capitalism being horrible and schools being like prisons needs to be matched with some concrete and doable suggestions.
Rent Stabilization Board
DAVE BLAKE, HOWARD CHONG, CHRIS KAVANAGH, LISA STEPHENS, PAM WEBSTER
If it weren’t for the nine-member elected Rent Stabilization Board, Berkeley would have long since been taken over by the landlords and the wealthy. This powerful agency has been controlled by progressives most of the time, and this year there are five strong progressives running unopposed for five seats on the board. We recommend voting for all of them.
Oakland City Council
AIMEE ALLISON
When we endorsed Aimee Allison in the primary in June, we pointed out that this was a crucial race: incumbent Patrician Kernighan has been a staunch ally of outgoing mayor Jerry Brown and Councilmember Ignacio de La Fuente — and now that Ron Dellums is taking over the Mayor’s Office and a new political era could be dawning in Oakland, it’s crucial that the old prodevelopment types don’t control the council.
Kernighan’s vision of Oakland has always included extensive new commercial and luxury housing development, and like De La Fuente, she’s shown little concern for gentrification and displacement. Allison, a Green Party member, is the kind of progressive who could make a huge difference in Oakland, and she’s our clear and unequivocal choice for this seat.
From crime to city finance, Allison is well-informed and has cogent, practical proposals. She favors community policing and programs to help the 10,000 parolees in Oakland. She wants the city to collect an annual fee from the port, which brings in huge amounts of money and puts very little into the General Fund. She wants to promote environmentally sound development, eviction protections, and a stronger sunshine ordinance. Vote for Allison.
East Bay Municipal Utility District director, Ward 4
ANDY KATZ
Environmental planner Andy Katz is running unopposed. Despite his relative youth, he’s been an energetic and committed board member and deserves another term.
AC Transit director at large
REBECCA KAPLAN
Incumbent Rebecca Kaplan is a fixture on the East Bay progressive political scene and has been a strong advocate of free bus-pass programs and environmentally sound policies over the years. A former public interest lawyer, Kaplan’s only challenger is paralegal James K. Muhammad.
Berkeley measures
Measure A
BERKELEY PUBLIC SCHOOLS TAX
YES
This measure takes two existing taxes and combines them into one but without increasing existing rates. Since 30 percent of local teachers will get paid out of the revenue from this measure, a no vote could devastate the quality of education in the city. Vote yes.
Measure E
RENT STABILIZATION BOARD VACANCY
YES
Measure E seeks to eliminate the need to have a citywide special election every time a vacancy occurs on the Rent Stabilization Board, a process that currently costs about $400,000 and consumes huge amounts of time and energy. The proposal would require that vacancies be filled at November general elections instead, since that ballot attracts a wider and more representative group of voters. In the interim, the board would fill its own vacancies.
Measure F
GILMAN STREET PLAYING FIELDS
YES
Measure F follows the council’s October 2005 adoption of amendments that establish the proper use for public and commercial recreation sports facilities, thereby allowing development of the proposed Gilman Street fields. Vote yes.
Measure G
GREENHOUSE GAS EMISSIONS
YES
Measure G is a nice, feel-good advisory measure that expresses Berkeley’s opinion about the dangers of greenhouse gas emissions to the global climate and advises the mayor to work with the community to come up with a plan that would significantly reduce such emissions, with a target of an 80 percent reduction by 2050. Vote yes.
Measure H
IMPEACHMENT OF PRESIDENT GEORGE BUSH AND VICE-PRESIDENT DICK CHENEY
YES
In left-leaning Berkeley this is probably the least controversial measure on the ballot. Do we really need to spell out all over again the many reasons why you should vote yes on this issue?
If this measure passes, both Berkeley and San Francisco will have taken public stands in favor of impeachment, which won’t by itself do much to force Congress to act but will start the national ball rolling. Vote yes.
Measure I
AMENDING CONDO CONVERSION ORDINANCE
NO, NO, NO
Measure I is a really bad idea, one that links the creation of home ownership opportunities to the eviction of families from their homes. It was clearly cooked up by landlord groups that are unhappy with Berkeley’s current condo conversion ordinance, which allows for 100 conversions a year. Measure I proposes increasing that limit to 500 conversions a year, which could translate into more than 1,000 people facing evictions. Those evictions will hit hardest on the most financially vulnerable — seniors, the disabled, low- and moderate-income families, and children. With less than 15 percent of current Berkeley tenants earning enough to purchase their units, this measure decreases the overall supply of rentals, eliminates requirements to disclose seismic conditions to prospective buyers, and violates the city’s stated commitment to fairness, compassion, and economic diversity. Vote no.
Measure J
AMENDING LANDMARK PRESERVATION ORDINANCES
YES
A well-meaning measure that’s opposed by developers, Measure J earns a lukewarm yes. It establishes a nine-member Landmarks Preservation Commission; designates landmarks, structures of merit, and historic districts; and may approve or deny alteration of such historic resources but may not deny their demolition. It’s worth noting that if Proposition 90 passes, the city could face liability for damages if Measure J is found to result in substantial economic loss to property — all of which gives us yet another reason to say “vote no” on the horribly flawed Prop. 90 while you’re voting yes on Measure J.
Oakland Measures
Measure M
POLICE AND FIRE RETIREMENT BOARD INVESTMENTS
YES
Measure M would amend the City Charter to allow the board that oversees the Oakland Police and Fire Retirement System (PFRS) slightly more leeway in making investment decisions. The board claims that its current requirements — which bar investment in stocks that don’t pay dividends — are hampering returns. That’s an issue: between July 2002 and July 2005, the unfunded liability of the PFRS grew from $200 million to $268 million — a liability for which the city of Oakland is responsible. We’re always nervous about giving investment managers the ability to use public money without close oversight, but the new rules would be the same as ones currently in place in San Francisco and Los Angeles.
Measure N
LIBRARY IMPROVEMENT AND EXPANSION BONDS
YES
Oakland wants to improve and expand all library branch facilities, construct a new main library at the Henry J. Kaiser Convention Center, and buy land for and construct two new library facilities in the Laurel and 81st Avenue communities. The upgrades and construction plans come in response to residents’ insistence that they need more space for studying and meeting, increased library programs and services, tutoring and homework assistance for children, increased literacy programs, and greater access to current technology and locations that offer wi-fi.
This $148 million bond would cost only $40 a year for every $100,000 of assessed property. Vote yes.
Measure O
INSTANT RUNOFF VOTING
Ranked-choice voting, or instant runoff voting, is a great concept. The city of Oakland is using it to elect officials in the November election without holding a prior June election. There’s only one problem: so far, Alameda County hasn’t invested in voting equipment that could make implementing this measure possible. Voting yes is a first step in forcing the county’s hand in the right direction. SFBG

Online bonanza

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Fixed gear fracas

Duncan Scott Davidson’s rant about fixed-gear bikes is causing a ruckus.

“Your article is based on ignorance, stereotypes, and one bad experience shared by your friend. You are not qualified to have written this article.”

–Jake Guy

“Dude! I couldn’t agree more! I’m glad to see someone else is finally taking up the cause against these damn hipsters! I myself have started a campaign against the entire Mission district, since most hipsters live there. I mean, respect to the old-school heads, but it’s just not all that impressive.”

–joshua

“‘The fixed-gear is to 2006 what the Razor scooter was to 1996: a wheeled freak show for wannabes.’ — a lot of other morons probably said the same thing about skateboards. Yeah, that was just a fad, you don’t see anyone riding a board anymore.”

— McBomb

Firing off at fixed-gears: Read the article with comments

Lusty Lady lowdown

Sarah Phelan’s piece about the Lusty Lady’s union vs. co-op status caught some fire.

“This story is a one-sided piece of rubbish, suitable for lining of the bottom of bird cages and nothing else.”

— 7654321

“When I was in Seattle, I used to go to the Lusty Lady there and end up spending quite a bit, because the girls were hot and the shows were hot (both stage and Private Pleasures). At the SF Lusty Lady, I only rarely see a girl I find attractive, so I go there only rarely, really just to check on whether anything has changed or not.”

— anon_voyeur

“Maybe support staff needs to spend more time mopping and cleaning, i.e. doing their job, and less time cruising the internet.”

–timmit

Lusty Lady loses its innocence: Read the article with comments

In the blogs

Pixel Vision
Johhny Ray Huston at the Vancouver Film Festival
Our virgin intern goes to Folsom Street Fair

Noise
Girl Talk talks
Junior Boys interview

Politics
Rob Black cash kerfuffle
Arnold torpedoes transparency

Why does the OES fear KGO-TV?

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KGO-TV news reporter Dan Noyes and producer Beth Rimbey have been trying for the last 15 months to acquire copies of San Francisco’s disaster plans from the Office of Emergency Services. Despite firm deadlines set by the city’s Sunshine Ordinance and public promises made by Mayor Gavin Newsom and OES chief Annemarie Conroy, not all of the requested documents have been released.
In fact, OES officials won’t even talk to KGO anymore.
“We’re only allowed to speak to the Mayor’s Office,” Rimbey said at a Sept. 26 Sunshine Ordinance Task Force hearing on the issue. “We’re not allowed to speak to OES. They won’t take our phone calls. They won’t do interviews.”
KGO’s complaints were heard by the task force members but not by OES officials: they failed to send a representative to the meeting because they say they feel threatened by Noyes, according to Jennifer Petrucione of the Mayor’s Office of Communications, who was in attendance.
“Frankly, I think that’s a very specious argument for not coming to address the complaint,” said task force member Rick Knee, citing the open forum of the meeting, public setting, and security of City Hall. “I don’t see that as a valid excuse for not attending.”
“With all due respect, I disagree,” Petrucione responded. According to her, staffers from the OES — the agency charged with responding to terrorist attacks and natural disasters — feel threatened and have filed complaints with the Department of Human Resources, citing a work environment made hostile by Noyes.
“The only thing that could be viewed as hostile was asking them questions they weren’t comfortable answering,” Kevin Keeshan, vice president of KGO, told the Guardian. He said all the incidents of concern were documented on videotape, which he reviewed and invited the complaining parties to watch. He saw no violations and has heard nothing further from the city on the issue.
He, Noyes, and Rimbey haven’t heard anything about the city’s plan in the event of an earthquake or a terrorist attack either. Rimbey said she thinks there is no plan and the city has been stalling until there is one. “It’s frightening. There are people who are deeply disturbed about emergencies in the city,” she said.
Officials have said plans are under internal review and being updated and will be turned over to the media as soon as possible. Over the past few months, KGO has received some copies of disaster plans, but they either appear to be 10 to 15 years old and adorned with new covers or are so heavily redacted that they’re just black pages, according to Noyes.
A prior task force hearing ruled that information had been unnecessarily redacted from several plans. The task force asked the Mayor’s Office to review the documents with a mind toward more openness. Petrucione said it followed new guidelines recommended by the City Attorney’s Office during a long and laborious process spanning several weeks. Those six documents were released Sept. 22 with many redactions still in place.
“I have a lot of problems with the redactions that were made,” said task force member Erica Craven.
Another member, David Pilpel, cited his personal favorite: the name of former governor Pete Wilson, which Pilpel was able to deduce from a subsequent page where it hadn’t been redacted.
“Why redact at all?” asked Noyes at the meeting. “Look at San Jose’s plan. It’s online for everyone to see,” he said. The city of San Jose makes the case that the first responders to an emergency are the citizens, who must be informed. Therefore, its entire emergency plan is posted on the Web.
The task force ruled that the OES was in violation and member Marjorie Ann Williams took a moment to say her concern went beyond the office’s withholding of documents. “This is a very, very serious issue,” she said about the city not having a plan. “We need to get on this and take it to heart.”
The Mayor’s Office and the OES were given five days to release all the documents, although the SOTR has little ability to enforce its rulings. As of Oct. 2, KGO had received nothing. In June, the Guardian made a similar request for documents and has also received nothing. The OES did not return repeated phone calls for comment on this story. (Amanda Witherell)

Shades of green

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› news@sfbg.com
An assembly of the nation’s premier green architects, engineers, academics, and policy makers was gathered Sept. 28 in the Bill Graham Civic Auditorium, patiently awaiting a keynote address from Mayor Gavin Newsom. The speech was supposed to inaugurate this year’s West Coast Green, the largest residential green building conference in the country.
But the anticipation of the crowd quickly turned to ill humor when it was announced that the mayor had decided to attend another event instead — the grand opening of the biggest Bloomingdale’s west of the Continental Divide.
“I knew it!” one woman at West Coast Green lamented. “I knew he wouldn’t come.”
“He’s at Bloomingdale’s,” another chided.
Newsom spokesperson Peter Ragone said the mayor believed he was scheduled to speak at the conference Sept. 30, and he did. But that was a day for the general public to come and learn about the frontiers of green building. By then, many of the disgruntled architects and planners had already left.
“I have to say that we are all full of contradictions, and we would not be here today unless we were,” said Jim Chace, the director of Pacific Gas and Electric’s Pacific Energy Center, who spoke in the mayor’s slot Sept. 28.
“I promised I wouldn’t take any shots [at Newsom], but this should not be so easy,” Chace continued cheerily. “The fact is that there’s a contradiction here, and contradictions are just a sign in our lives that it is time to look at change.”
Newsom has regularly touted San Francisco as a leader in the emerging field of green building. But the conference and the mayor’s speech snafu raise the question of where the city really stands when it comes to building — not just talking about — green structures.
Green architecture starts with common sense. It’s about properly orienting buildings to the sun and the wind, making sure that insulation actually insulates, and using recycled material instead of finite or environmentally harmful ones.
But in the eyes of industry and government professionals, a building isn’t officially considered green until it passes a national rating system known as Leadership in Energy and Environmental Design, or LEED. Buildings that earn enough credits get one of four LEED ratings: certified, silver, gold, or best of all, putf8um.
When it comes to LEED certified buildings, San Francisco can claim just seven, three of which belong to green architecture firms. That puts the city in fifth place, behind Pittsburgh, Pa. (8); Atlanta (10); Portland, Ore. (11); and Seattle (14).
“There really isn’t much,” Fred Stitt, founder and director of the San Francisco Institute of Architecture, told the Guardian. “About three years ago, I wanted to organize a tour of green buildings in San Francisco, and I couldn’t find any.”
That was before the work had begun on the LEED gold Federal Building and the LEED putf8um Academy of Sciences, which Stitt called “a masterpiece.” Nonetheless, he said San Francisco’s reputation as a driver of the green building movement was undeserved.
“Everyone thinks that Berkeley is a liberal bastion,” Stitt said. “But if you live here, it’s just a Midwestern town with a bunch of homeless people…. San Francisco’s reputation is manufactured the same way.”
Certainly some other cities are doing as much, if not more than San Francisco. This city’s most important green building ordinance requires all new municipal buildings larger than 5,000 square feet to meet LEED silver standards. Yet there are no requirements or incentives for the private sector to build green in San Francisco.
Santa Monica also requires government buildings to be green, but it offers grants up to $35,000 for LEED certified buildings, including those in the private sector. In addition, Santa Monica requires most developers to incorporate four kinds of recycled material into their buildings and to recycle at least 60 percent of their construction and demolition waste.
Likewise, Portland, Ore., was just voted America’s most sustainable city in the 2006 SustainLane Rankings, largely because of its attitude toward green building. Beyond its 11 LEED certified buildings, Portland is brimming with small natural structures like benches and kiosks made from clay, sand, and straw. The city also boasts an entire community of sustainable homes for the homeless, known as Dignity Village.
“Their natural building has totally transformed the spirit of their community, and it feels different than if you walk through Oakland or San Francisco,” Marisha Farnsworth, an architect with the Natural Builders in Oakland, told the Guardian. “I got together with some architects, builders, and designers, and all of us said, ‘Wouldn’t it be great to have city planners come down from Portland and explain to our officials what’s going on up there?’”
That isn’t to say officials in San Francisco have completely missed the memo. The San Francisco Department of the Environment just finished negotiations with the Department of Building Inspection for a new priority permitting program set to be rolled out in the coming weeks. It would allow developers who pledge to build green to get fast-tracked through the bureaucratic morass of the city’s permitting process.
Department of the Environment officials have also worked to reduce the amount of time and money it takes to get a rooftop solar permit. And with the opening of the Orchard Garden Hotel at Union Square on Oct. 12, San Francisco will soon become the first city in the country with a LEED certified hotel.
The point of West Coast Green was to ask how this city and the rest of the country can do more. Should we offer rebates for efficiency consultants to assess how energy is being wasted in our homes and businesses? Can the city offer larger incentives to the private sector or require more rigorous standards for developers? Should PG&E be pressured into pledging more of its public benefit money toward green building?
“Green architecture is still very much emerging,” Eric Corey Freed, one of San Francisco’s top green architects and a host at West Coast Green, told the Guardian. “And although San Francisco is the capital, even here it hasn’t reached the point of ubiquity that we expect it to. We’re still very much in our adolescence. We’re like teenagers with pimples and crackly voices.”
In 100 years, Freed added, history will likely look back on our time as the era of the green revolution. If he is right, perhaps San Francisco will have done enough to be deemed a nucleus of the movement — and important conferences like West Coast Green will take priority over the opening of new shopping malls. SFBG

The Lusty Lady loses its innocence

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› sarah@sfbg.com
If you’ve taken a women’s studies course in the past decade or if you’re a patron or follower of the sex industry, you’ve heard of San Francisco’s Lusty Lady. Depicted as a bastion of feminist values and workers’ rights, the 24-hour peep show floats amid the sea of macho-style strip clubs that dominate North Beach’s central strip.
Sure, the Lusty features live nude girls wiggling and jiggling while male customers masturbate in small enclosed booths, but dancers are protected from unwanted splashes of semen and sexual advances thanks to the panel of glass that separates them from the customers. Equally important, at least in the eyes of feminist voyeurs and dancers, is the theater’s reputation for having a broader vision of female beauty than prevailing cultural norms and for being a venue where discrimination simply isn’t tolerated. These credentials date back to the ’90s, when the club’s dancers traded boas for picket signs in what became a successful bid to organize the only unionized strip joint in the nation.
Back then, the drive to unionize was triggered by poor working conditions, including one-way mirrors that allowed customers, newly empowered with the affordable digital technology that emerged in the mid-’90s, to clandestinely film performers. Worried their images would end up as Internet porn or in bootleg videos or used against them in custody battles, the dancers and the male support staff joined forces and won representation with SEIU Local 790.
Less publicized is the fact that three years ago the club’s former management sold the business to the Lusty’s workforce. Since then, the theater has been run as an employee-owned cooperative, with an elected board of directors that signs the union’s collective bargaining agreement every year. Given the harsh fiscal climate that followed the dot-com bomb and the workers’ general lack of business experience prior to their involvement in the Looking Glass Collective (as the Lusty’s co-op is called), it’s no big surprise that the theater is currently facing some fiscal and management challenges.
But the next chapter in the Lusty Lady saga is the strangely twisted tale of how a small faction of male workers is trying to decertify the union against a backdrop of inflammatory e-mails, emotional outbursts, suspensions, and firings, along with competing allegations from dancers of sexual harassment and unfair labor practices.
It all started when one of the men began to argue that the place was losing money because the dancers were too fat.
Now some male co-op members (who work the front desk and the door and have the unpleasant job of cleaning the little rooms) say the union contract isn’t valid anymore because the co-op makes no distinction between management and labor. They are also spinning events to make it appear as if the National Labor Relations Board (NLRB) agrees.
DANCERS OF SIZE
The tale goes back to July, when a support staffer named Davide Cerri sent the co-op board an e-mail complaining that the peep show’s revenues were falling off. Since everybody’s pay at the Lusty is based on monthly revenues, any decline in cash flow would hit every worker’s wallet.
Cerri claimed that the Lusty’s madams were hiring “unwatchable girls” — women who were too big and not quite sexy enough — and that as a result, the club lost money.
“People comes [sic] asking for refunds, because they do not want to see girls that they would not want to have sex with even if they were completely drunk,” Cerri wrote. “This is reality, not question of options. We sell fantasies, not nightmares.”
Cerri’s missive so outraged dancer Emma Peep that she posted a copy on a message board where all the dancers could read it.
As Peep explained to the Guardian, “Davide’s e-mail was against everything we stand for, and it’s against the law to hire and fire based on size discrimination.”
But by making the missive public, Peep set off a firestorm.
“Everyone flipped out, people were crying in the dressing room, and the male staffer got ostracized,” one Lusty board member, who asked not to be identified by name, told us. “It’s great what we at the Lusty think the standards of beauty are, but the reality is that we’re in the adult entertainment business.”
Peep claims Cerri’s missive “led to others calling for the termination of women based on their size” — and in the end, to her own July 30 termination. In a supreme twist of irony, given that she filed a grievance with the union and wanted Cerri fired for his e-mail, Peep instead found herself fired “for creating a disruptive, hostile work environment” — via an unsigned letter shoved under her door.
Documents filed with the NLRB show that shortly after Peep filed her grievance, Cerri filed one of his own: he charged SEIU Local 790 with failing to represent his grievances and with treating and representing male and female employees differently.
Last week the NLRB’s regional office dismissed Cerri’s charges — on the grounds that the Lusty is a completely member-owned and member-operated cooperative and that as a shareholding member with the ability to affect the formulation and determination of the Lusty’s policy, Cerri is a managerial employee.
“Accordingly, the Union’s duty of fair representation does not extend to you,” ruled NLRB acting regional director Tim Peck in a letter.
In the meantime, the union has continued to press Peep’s grievances. On Aug. 4, SEIU Local 790 staff manager Dale Butler wrote Lusty Lady board members Miles Thompson, Monique Painton, and Chelsea Eis, informing them that Peep’s termination was “without just cause” and “inappropriate.”
Butler told the board members that the Lusty Lady’s union contract provides for mediation and that the theater could be subject to $2,000 in arbitration fees plus attorneys’ fees plus Peep’s back wages (a triple whammy that could bankrupt the already fiscally struggling club). When the union threatened legal action, the board finally agreed to mediation.
WHO’S THE BOSS?
Meanwhile, there’s a dispute about whether the union actually has a valid contract. Union representatives say they sent a final version of this year’s agreement to the board, which never returned it. Butler told the Guardian that on Sept. 25, male support staffer Tony Graf called the union to say that the board had no objections to the contract — except for an antiharassment clause that shop steward Sandy Wong had proposed.
Male support staffers Cerri and Brian Falls still maintain that the union has no business at the Lusty.
“The union has been fraudulently in the Lusty Lady’s business, because we’re a co-op and everyone is a manager,” Falls said.
As for e-mail writer Cerri, he told the Guardian that “the union is automatically out and their contract is not valid, which is great news. We were mobilizing to deunionize by collecting signatures but now won’t have to go forward with that.” Falls also acknowledged being involved in a decertification drive.
“Before the formation of the co-op there was a common enemy, the management, who treated the dancers and the support staff badly. But once we became a co-op, there was no reason for the union to be there,” he explained.
Falls also claims that Cerri’s e-mail wasn’t triggered by larger dancers per se, but because there were four to five large women on the stage at the same time.
“We were losing customers and saw decreased revenues,” Falls said. “The business isn’t doing that great. We’re on a revenue-based pay scale, so it hits everybody’s paycheck. We never said, ‘Don’t hire big women, fat women.’ There are people who enjoy large women. But a block of the same kind of women — that was losing revenues.”
Financial records obtained by the Guardian, however, show that the Lusty Lady made an average of $28,000 a week in January, $27,000 in February, $28,000 in April, $26,000 in June, and $27,000 in July. That hardly looks like a dramatic collapse of income.
The last word goes to a female dancer who refused to use her stage name for fear of retaliation.
“The union can be polarizing, but it’s scary to leave because it protects our rights,” she said. “The problem is that people will vote against their best interests. It’s like working people voting for Bush. I think I can understand that phenomenon since working at the Lusty Lady.” 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.

Casting off

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

Oh TV, up yours!

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› johnny@sfbg.com
Dick Cheney surveys the teeming white crowds at the 2004 Republican National Convention. With their Cheney Rocks! placards and stars-and-stripes Styrofoam hats, these people worship him, but he still looks like he wants to spray them with buckshot. “You’re all a bunch of fucking assholes!” he sneers. “You know why? You need people like me — so you can point your fucking fingers and say, ‘That’s the bad guy.’”
OK, maybe Cheney didn’t use those exact words in his convention speech, but we all know he was thinking them, so bless Bryan Boyce’s short video America’s Biggest Dick for making the vice president really speak his mind — in this case, via Al Pacino’s dialogue in Scarface. The title fits: Boyce’s two-minute movie exposes the gangster mentality of Cheney and the rest of the Bush administration, perhaps giving his subject more charisma than he deserves. Ultimately, Cheney gets around to admitting he’s the bad guy — after he’s compared the convention’s hostile New York setting to “a great big pussy waiting to be fucked” and speculated about how much money is required to buy the Supreme Court. “Fuck you! Who put this thing together? Me — that’s who!” he bellows when a graphic exhibition of his oral sex talents receives some boos.
One might think the man behind America’s Biggest Dick might be boisterous and loud, but Boyce — who lives in San Francisco — is in fact soft-spoken and modest, crediting the movie’s “stunt mouth,” Jonathan Crosby (whose teeth and lips Bryce pastes onto Cheney and other political figures), with the idea of using Brian de Palma’s 1983 film. “I knew I wanted extensive profanity, and Scarface more than delivered,” Boyce says during an interview at the Mission District’s Atlas Café. “But I was also amazed at how well the dialogue fit.”
The dialogue fits because Boyce masterfully tweaks found material, particularly footage from television. It’s a skill he’s honed and a skill that motivates the most recent waves of TV manipulation thriving on YouTube, on DVD (in the case of the Toronto-based TV Carnage), and at film festivals and other venues that have the nerve to program work that ignores the property rights of an oppressive dominant culture. “It is, admittedly, crude,” Boyce says of America’s Biggest Dick, which inspired raves and rage when it played the Sundance Film Festival last year. “It’s a crude technique for a crude movie matched to a very crude vice president.” As for the contortions of Crosby’s mouth, which exaggerate Cheney’s own expressions, Boyce has an apt reference at hand: “The twisted mouth to match his twisted soul — he’s got a Richard III thing going on.”
America’s Biggest Dick isn’t Boyce’s only film to mine horror and hilarity from the hellish realms of Fox News. In 30 Seconds of Hate, for example, he uses a “monosyllabic splicing technique” to puppeteer war criminal (and neocon TV expert) Henry Kissinger into saying, “If we kill all the people in the world, there’ll be no more terrorists…. It’s very probable that I will kill you.” All the while, mock Fox News updates scroll across the bottom of the screen. “That footage came from a time when Fox thought that Saddam [Hussein] had been killed,” Boyce explains. “That’s why Kissinger kept using the word kill. Of course, no one says kill like Henry Kissinger.”
In Boyce’s State of the Union, the smiling baby face within a Teletubbies sun is replaced by the grumpier, more addled visage of George W. Bush. Shortly after issuing a delighted giggle, this Bush sun god commences to bomb rabbits that graze amid the show’s hilly Astroturf landscapes — which mysteriously happen to be littered with oil towers. With uncanny prescience, Boyce made the movie in August 2001, inspiring fellow TV tweak peers such as Rich Bott of the duo Animal Charm to compare him to Nostradamus. “Even before Sept. 11, [Bush] was looking into nuclear weapons and bunker busters,” Boyce says. “His drilling in the [Arctic National Wildlife Reserve] led me to use the oil towers.”
Having grown up in the Bay Area and returned here after a college stint in Santa Cruz, Boyce — like other Bay Area artists with an interest in culture jamming — calls upon Negativland (“I thought their whole Escape from Noise album was great”) and Craig Baldwin (“He’s kind of the godfather of cinema here”) as two major inspirations. In fact, both he and Baldwin have shared a fascination with televangelist Robert Tilton, whose bizarre preaching makes him a perfect lab rat on whom to try out editing experiments. “He speaks in tongues so nicely,” Boyce says with a smile. “He’s just so over-the-top and sad and terrible that he lends himself to all the extremes of the [editing] system, such as playing something backwards.”
Boyce believes that the absurdity of “an abrupt jump cut between incongruous things” can “really be beautiful.” And the TV Carnage DVDs put together by Derrick Beckles might illustrate that observation even better than Boyce’s more minimalist tweaking. In just one of hundreds of uproarious moments within TV Carnage’s most recent DVD, the wonderfully titled Sore for Sighted Eyes, a sheet-clad John Ritter stares in abject disbelief at a TV on which Rosie O’Donnell pretends to have Down syndrome. At least two different movie writers at this paper (yours truly included) have shed tears from laughing at this sequence.
“I just picture a conveyer belt, and there are just so many points at which someone could press a big red stop button, but it doesn’t happen,” Beckles says, discussing the source (an Angelica Huston–helmed TV movie called Riding the Bus with My Sister) for the O’Donnell footage. “There’s this untouchable hubris. It blows my mind that people are paid for some of these ideas. Crispin Glover told me that the actors with Down syndrome in [his movie] What Is It? were offended by [the O’Donnell performance], or that they felt uneasy. It is uneasy to see Rosie O’Donnell do a Pee-wee Herman impersonation and think she’s embodying someone with Down syndrome.”
Beckles’s interest in manipuutf8g TV — or as he puts it, “exorcising my own demons” by exorcising television’s — dates back to childhood. But it took several years in the belly of MGM to really fire a desire that has resulted in five DVDs to date. “TV Carnage is my way of screaming,” he says at one point during a phone conversation that proves he’s as funny as his work. Like Boyce and audio contemporaries such as Gregg Gillis of Girl Talk (see “Gregg the Ripper,” page 69), he filters “mounds and mounds and shelves and shelves” of tapes and other material through his computer.
“It’s not so much that I’m always in front of the TV,” Beckles explains. “I’d just say that I have this divining rod for shit. I have these psychic premonitions when I turn on my TV. I have years and years of footage. I pull all of it into my computer and say, ‘Now what?’ Then I take a swig of whiskey and go, ‘You’ve got yourself into it again.'” On Sore for Sighted Eyes this approach results in eye-defying montages dedicated to subjects such as white rapping. (Believe me, you have not lived until you’ve died inside seeing Mike Ditka and the Grabowskis or the Sealy Roll.)
Overall, mind control is TV Carnage’s main theme. One segment within the release Casual Fridays looks at children who act like adults and adults who act like children — two plagues that run rampant on TV. “Kids are like al-Qaeda,” he says. “They’ll shift their plans every day to keep you wondering. [Meanwhile], you can just feel the adults who host teen shows thinking about their mortgage payments: ‘What are kids doing now? Slitting each other’s throats? Great! Let’s do a show about it!’” An infamous “swearing sandwich” sequence within TV Carnage’s When Television Attacks encapsulates Beckles’s worldview. “People who are into self-help — they might as well be taking advice from a sandwich.”
Breaking from the more free-form nature of TV Carnage — which isn’t afraid of running from Richard Simmons to Mao Zedong in a few seconds — Beckles is working within some self-imposed restrictions to make his next project. The presence of rules has some irony, since the project is titled Cop Movie. “I’m taking 101 cop movies and making a full-length feature from them,” he says. “The same script has been used for hundreds and hundreds of cop movies — they just change the characters’ names, using a name that sounds dangerous or slightly evocative of freedom.”
“The reason I’m using 101 movies stems from this ridiculous mathematical aspect I’ve figured out,” he continues. “If I take a certain number of seconds from each movie, it adds up to 66 minutes and 6 seconds, and the whole construct of 666 makes me laugh. I’ve already cut together a part where a guy gets hit by a car, and he goes from being a blond guy to a black guy to a guy with red hair to a guy with a mullet. It flows seamlessly. It’s a real acid trip — and kind of a psychological experiment. After I finish it, I’ll probably just pick out a casket and sleep for a hundred years.”
The encyclopedic aspect of Beckles’s TV Carnage sucks in more recognizable footage such as American Idol’s Scary Mary and a musical number from The Apple. In contrast, the duo who go by the name Animal Charm tend to work with footage that few, if any, people have seen, such as corporate training videos. “Our interest from the beginning has not been to turn to a video we love or have a nostalgic connection to,” says Jim Fetterley, who along with Rich Bott makes up Animal Charm. “We were looking for things that were empty that could be used to create new meanings.”
Those meanings are often hilarious — the new Animal Charm DVD, Golden Digest, includes shorts such as Stuffing (in which a real-life monkey watches animated dolphins juggle a woman back and forth) and Ashley (which turns an infomercial for a Texas woman’s Amway-like beauty business into a bizarre science fiction story). But if reappropriation brings out the political commentator in Boyce and the comedian in Beckles, for Fetterley it’s more of a philosophical matter. Pledging allegiance to contemporaries such as Los Angeles’s TV Sheriff and the Pittsburgh, Pa., collective Paper Rad, he talks about Animal Charm’s videos as “tinctures” he’s used to “deprogram” himself and friends. “Our videos can make an empty boardroom seem like the jungle or something very natural,” he says when asked about his use of National Geographic–type clips and dated-looking office scenes. “In the videos, the animals are like puppets. You could say it’s like animation but on a more concept-based level.”
While Boyce, TV Carnage, and Animal Charm most often work with found material, their cinematic practice — jump-cut editing, for example — is more imaginative and creative than that of many “original” multimillion dollar productions. “We’re not predetermining any space we want to get into,” Fetterley explains, “other than most often that level of disassociation and absurdity where you are almost feeling something like the rush of a drug.” For him, generating this type of “temporary autonomy” is liberating. “With massive paranoia and war going on, it’s so easy to control a lot of people with fear and paranoia. We like to think if we can sit down and show our videos to our friends and others and have a laugh and talk about it seriously, it might help take everyone out of that mind frame.”
Because of the popularity of YouTube and its ability to create a new type of TV celebrity (and also the recent notoriety of musical efforts such as Danger Mouse’s The Grey Album and Girl Talk’s Night Ripper), reappropriation is reaching the mainstream. But even as Animal Charm’s and Boyce’s clips proliferate on the Internet, a veteran such as Fetterley looks upon such developments with a pointedly critical perspective. “There’s a general tendency right now to get excited about things that are unknown or anonymous,” he says. “Accountability is almost more important than appropriation nowadays. All of a sudden, if something is anonymous, it makes people feel very uncomfortable.”
For artists with names, censorship is still very much an issue. Boyce recently found America’s Biggest Dick (along with Glover’s What Is It?) cited during a campaign to withdraw funding from a long-running film festival in Ann Arbor, Mich. But Fetterley sees a troubling larger picture. “Danger Mouse’s Grey Album is a very solid conceptual project — it’s gray,” he notes. “In comparison, if somebody is doing a New York Times article about something current politically or globally, there are red zones and flags that will be brought to others’ attention whether you or I know it or not. Those are things making this moment dangerous, in terms of not being able to be anonymous. With ideas about evidence dissolving and accountability hung up in legalities, it makes the culture around music or aesthetics or youth culture pale in comparison.” SFBG
LAMPOONS AND EYE-TUNES: BRYAN BOYCE’S CULT JAMS AND MUSIC VIDEOS
With launch party for Animal Charm’s Golden Digest DVD
Oct. 7, 8 p.m.
Artists’ Television Access
992 Valencia, SF
$5
(415) 824-3890
www.othercinema.com
www.tvcarnage.com
www.animalcharm.com
For complete interviews with Derrick Beckles of TV Carnage, Bryan Boyce, and Jim Fetterley of Animal Charm, go to Pixel Vision at www.sfbg.com/blogs/pixel_vision.

The 2006 political candidates let loose with us

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(For our 2006 endorsements, click here.)

Guardian endorsement interviews are, well, unusual: We bring in candidates for office, set aside as much as an hour or more, and quiz them about local issues. Sometimes we argue; sometimes the candidates yell at us. Nobody pulls any punches. They are lively political debates, fascinating discussions of political policy – and high political theater.

For the first time this year, we’re posting digital versions of these interviews, so our readers can get front-row seats for all the action.

Participants include Editor and Publisher Bruce B. Brugmann, Executive Editor Tim Redmond, City Editor Steven T. Jones and reporters Sarah Phelan, G.W. Schulz and Amanda Witherell. If you’re confused about who’s speaking, here’s a handy guide: If the question is long and involved and about tax policy, it’s probably Tim. If it’s about an incumbent’s record or personal style, it’s probably Steve. George asks about criminal justice a lot; Sarah has a British accent. Everybody knows Bruce’s voice; you can’t miss it. Enjoy.

Sup. Sophie Maxwell
“Redevelopment in the Bay View is different.”
Listen to the Maxwell interview

Sup. Bevan Dufty
“I’m willing to piss people off on both sides of the [landlord-tenant] issue.”
Listen to the Dufty interview

Jaynry Mak, candidate for supervisor, District 4
“I would have to look at it.”
Listen to the Mak interview

Alix Rosenthal, candidate for supervisor, District 8
“We’re going to make it extremely expensive to build market-rate housing, in terms of the community benefits.”
Listen to the Rosenthal interview

Mauricio Vela, candidate for school board
“I probably would lean toward getting rid of [ROTC} … but it would be difficult.”
Listen to the Vela interview

Marie Harrison, candidate for supervisor, District 10
“The one thing I did learn from Willie Brown is that an MOU means I understand that you understand that I don’t have to do a damn thing on this paper.”
Listen to the Harrison interview

Starchild, candidate for supervisor, District 8, and Philip Berg, Libertarian candidate for Congress
“Nobody will invade Switzerland. Everyone has guns, M-16s and AK-47s and grenade launchers in their living rooms.”
Listen to the Starchild-Berg interview

Bruce Wolfe, candidate for community college board
“When you ask where the money is, you want a trail where the money is, the answer you get is it’s in a fungible account.”
Listen to the Wolfe interview

Kim-Shree Maufas, candidate for school board
“My kid was in JROTC …. I like the community, I liked the structure, I liked the commitment to family… I absolutely could not stand the military recruitment.”
Listen to part one of the Maufas interview
Listen to part two of the Maufas interview

Hydra Mendoza, candidate for school board
“There are some schools that are not serving our children.”
Listen to the Mendoza interview

Krissy Keefer, Green Party candidate for Congress
“I’m running against a ghost”
Listen to the Keefer interview

John Garamendi, candidate for lieutenant governor
“Phil Angeledes is wrong [about taxes] in the context of our time.”
Listen to the Garamendi interview

Dan Kelly, school board member
“I don’t think JROTC is a terrific program … it doesn’t teach leadership skills, it teaches follow-ship skills.”
Listen to the Kelly interview

Rob Black, candidate for supervisor, District 6
“Developers have fancy lawyers and they know how to get around things.”
Listen to the Black interview

Gregg the Ripper

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You’re walking down the street in the dark. You can hear the steps of a beast with many feet behind you. Every second it’s getting closer and bigger. One minute it’s got the juicy spirit of a young Biggie Smalls and a waterfall piano melody that inspires visions of a tiny dancer. The next, its Ciara-stamped “O” pulses over the metric bump and grind of an Elastica connection. Just when you think you have its ID down, it changes again, shifting sounds and songs at a rate of a dozen a minute. It’s tapping you on the shoulder. It’s gotten inside your brain. It’s Night Ripper, the newest album by Girl Talk.
Gregg Gillis has made three albums under the Girl Talk moniker, but this year’s Night Ripper (Illegal Art) is the one that’s making that moniker famous — maybe because it’s a monster of an album that leaves most mashup ideas and practices in the dust. And to think that the title comes from a simple T-shirt. “There’s this shirt I’ve had for years that shows this skateboarder dude with all these fluorescent colors and skulls everywhere, and it just says ‘Night Ripper’ on it,” Gillis, who lives in Pittsburgh, Pa., explains via phone before a Friday night show. “I wanted an aggressive name [for the album] that also had a party feel.”
Night Ripper’s 16 tracks add up to a seamless 42-minute burst of manic energy. It’s no surprise to learn that Gillis composed the album as one big song. “I built it in three different chunks, so in case I got stuck in one area I could move to another,” he says. “Eventually, I had this whole piece.” The result possesses the type of megamix acceleration you’d find on the late-night Detroit radio stations that bred the likes of DJ Assault. But Gillis says that while he’s heard his share of CeCe Peniston–style techno pop and has nursed a childhood passion for New Jack Swing, neither count as a direct form of inspiration. “In high school I was into John Oswald and People Like Us and Evolution Control Committee and Plunderphonics-y experimentation. I fell into this mode of making megamix-style music through that.”
On his first album for Illegal Art, 2002’s Secret Diary, Gillis drenched Lil’ Romeo and others in static white noise. His flair for harshly comic juxtapositions was already there, present in a track (“What Iff”) that — thanks to Big Tymers — changed Joan Osborne’s infamous “What if god was one of us?” query into “What if god were a project bitch?” One track on 2004’s Unstoppable, his follow-up for the label, the jaw-dropping “Bodies Hit the Floor,” forecasted where Gillis was headed. Over frenzied beats, he ricocheted the “you say” verses of two radically different girl pop songs — Kelly Osbourne’s “Shut Up” and Lisa Loeb’s “Stay” — off each other and threaded Ludacris’s “Move Bitch,” Justin Timberlake’s “Cry Me a River,” and a ghostly Bone Thugs ’n’ Harmony warrior ode through them.
“I think if you put Secret Diary and Night Ripper together, it’s kind of like Unstoppable,” Gillis says, his analogy suggesting an incessant urge to combine and fuse material. “I’ve made an experimental album, then more of an IDMish album, and now a pop record.” A berserk record that swallows pop music whole. It’s easy to imagine The Simpsons’ sometime market researcher and sexual predator Lindsay “be warm — but edgy-cute” Naegle having an aneurysm upon hearing it. Night Ripper is packed with funny split-second moments, such as a transition in which the hooting synth melody of Paula Abdul’s “Straight Up” is answered in a birdcall manner by the keyboard hook of Mariah Carey’s “It’s Like That.”
Yet for all its Dirty South meets AOR meets soft rock meets alt-rock meets gangsta meets grunge meets ’80s bubblegum appeal, don’t assume Night Ripper is a Frankenstein built only from other people’s parts. One of its purest blasts of adrenaline stems from Gillis’s own instrumentation, when he adds an accelerating guitar track to the “Girl, shake that laffy taffy!” chorus of D4L’s “Laffy Taffy.” The factoid masters at Wikipedia have already compiled an extensive list of Night Ripper’s samples, nabbing 190 sources. But their efforts can’t convey the sheer goofy your-peanut-butter-in-my-chocolate joy of Young Jeezy colliding with Nirvana or a magnified version of Biggie’s trademark beat-fucking “uh” sound (from “Hypnotize”) giving way to an equally exaggerated bump and grind burst from Billy Squier’s onanistic “Stroke.”
With Night Ripper, Gillis has built a popular culture landmark somewhere between a Stars on 45 hit and the copyright-flouting 1987 United Kingdom chart attack of the Justified Ancients of Mumu. He uses a Plunderphonics-like practice to create something that might have mass appeal. “I’m making this music that is challenging yet pop,” he agrees. “I could have gone over the edge and doubled the number of sources and made it insanely crazy to listen to as an experimental piece or I could have slowed it down and made this easy-to-dance-to sort of record. It was a fine line, and I wanted to make something that was fun but at the same time interesting to listen to as a composition.” (Johnny Ray Huston)
For a complete interview with Gregg Gillis, go to Noise at www.sfbg.com/blogs/music.

Mall of the metaverse

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› culture@sfbg.com
Suzanne Vega is waddling across the screen. Well, not the real Suzanne Vega but the quiet folk singer’s digital avatar on SecondLife.com. On Aug. 3, she — or it — claimed the proud position of being the first digital representation of a major-label pop star to give a concert in cyberspace. After an interview with public radio host John Hockenberry, she sings an a cappella version of her ’80s hit “Tom’s Diner,” then awkwardly straps on a guitar and plays a set for attending Second Lifers, members of the popular online virtual world.
Whoever’s controlling the Vega avatar hasn’t quite got a handle on her yet — unless the ungainly swaying is supposed to indicate that she’s had one too many. And the audience of online gamers, whose avatars you can see bobbing their virtual heads in the bleachers, barely reaches a total of 100. Some of them are also bald and unaccessorized: the avatar-attendees were instructed to remove all extraneous attachments — including hair — to reduce server lag time. But it’s a lovely sounding, intimate event all the same and fitting for Vega. Kids these days might not know her music, but the Grammy winner is renowned as the “mother of the MP3” — “Tom’s Diner” was used by a German engineer to invent the MP3 format.
The Vega concert is just the first in a series that Second Life is launching. Duran Duran, the first artists to use location shooting and Macromedia Flash in a music video, have just announced they’ve purchased an island resort in Second Life and will be the first band to perform live online through their avatars. Just think: the right code could take their hairstyles higher than Aquanet ever did. For more contemporary music fans, rapper Talib Kweli is also slated to make an online appearance. Along with violence, sex, and role playing, live concerts are finally being translated into moving pixels.
Online virtual worlds are nothing new. Massively Multiplayer Online Role Playing Games (MMORPGs) have been around since the early ’90s and are rooted in games that have been around since the ’70s (yeah, like the one with the 20-sided die). So when San Francisco–based company Linden Lab created Second Life, a virtual 3-D world (or “multiverse,” coined in Neal Stephenson’s 1992 sci-fi smash novel Snow Crash) now inhabited by some 550,000 residents, it had a firm jumping-off point. But while other MMORPGs concentrate on hunting and killing or solving elaborate puzzles, Second Life tries to replicate everyday experiences: shopping, hanging out, scoring a dream job, meeting new people. It’s a Sims-like experience in real time.
And it involves real money. The most staggering aspect of Second Life is its economy. Users are dropping actual ducats in exchange for clothing, real estate, cocktails, and even skateboards for their virtual representations. The currency of Second Life is called a Linden dollar — L$300 equals roughly US$1. During June alone, over US$5.3 million were spent on goods and services within Second Life. The SL digital continent is the size of metropolitan Boston — that’s a lot of virtual strip malls. At the current growth rate, Second Life projects 3.6 million users by the end of next year. Big-name businesses are starting to take note.
American Apparel was among the first “meat space,” or real-life, businesses to set up shop in the virtual world. Its SL flagship store sells clothing for avatars — at around L$300 a pop for T-shirts. And of course, no AA outlet would be complete without virtual billboards of half-naked avatars. The Adidas group just announced that it will begin selling footwear for avatars. W Hotels is opening Aloft, a virtual hotel. “As the population increases, I could see direct revenue, so long as we constructed experiences that mimicked the world that is Second Life, such as a browsable record store, not just banner ads,” says Ethan Kaplan Sr., director of technology at Warner Bros. Records.
And because a captive virtual audience offers a wonderland of name-brand recognition opportunities, celebrities are starting to take note as well. “Every celebrity who presently has a MySpace profile will eventually have an avatar on Second Life. A MySpace profile is an avatar,” says Reuben Steiger of Millions of Us, whose company snagged a contract with Toyota to offer a virtual edition of the Scion xB to SL residents. (A dealership is in the works.) Imagine a world where you can walk up to Paris Hilton in a bar and buy her drinks until she starts dancing on the tables. OK, so maybe that isn’t so hard to imagine, but in Second Life you can get a job as a bouncer and throw her drunk ass out. The future is now.
In an unsurprising development for an interactive game, some users are starting to chafe at the überconsumerist direction Second Life’s taking. Recently, a faction of residents calling themselves the Second Life Liberation Army entered the American Apparel store, pixel guns ablazin’, to prevent other residents from buying goods. The “terrorist attack” wasn’t intended to scare first-world business away though; rather, the SLLA wanted the citizens of Second Life to have a vote in Linden Lab’s business operations. But maybe some good ol’ rock ’n’ roll rebellion has been beamed up along with the live concerts. SFBG

Mural as magnet

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

Discovering the formula

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