Amanda Witherell

Troubled ferry

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For more than three months, captains, deckhands, and union sympathizers have been protesting on the Embarcadero in front of Alcatraz Cruises’ new operations at Pier 33.


But a few blocks away on Market Street, the battling companies have been wrangling inside the offices of the National Labor Relations Board. In early October, Alcatraz Cruises filed a complaint against the protesters for "visitor harassment."


"Nobody was getting hurt, but there was behavior that wasn’t necessarily appropriate," Alcatraz Cruises spokesperson Tegan Firth told the Guardian. She said protesters have used foul language around the tourists and the complaint included a compilation of video footage gathered over several weeks as evidence.

In response, Masters, Mates, and Pilots and the Inland Boatmen’s Union filed their own complaint with the board based on hiring discrimination. "We countered their charges with our own charges of discrimination," captain Ray Shipway told us. "They interviewed a lot of people, but they didn’t hire them. They hired junior crewmembers over the experienced ones."


The unions also filed suit earlier in the year and won an injunction from the Department of Labor, forcing Alcatraz Cruises to pay prevailing wages to their crews. The company has appealed that decision.


"It wasn’t clear in the original decision if it applied to this concession contract or all future contracts with the National Park Service," Firth explained.


She said the other reason was the company would like more flexibility. "The Department of Labor set down the wages and benefits, but we want to explore a wide variety of benefits and offer employee incentives."


She said some of that might include a cafeteria plan for health care, but as far as incentives were concerned, "I don’t think we have anything specific in mind, but we want to be able to be flexible."


When asked if part of that flexibility was an opportunity to offer lower wages to employees, she said, "No, it is not. It is partially clarification and partially so all our employees have the best options for total compensation."


"Terry MacRae, like the owners of Whole Foods and Wal-Mart, is virulently antiunion," said deckhand Steve Ongerth, criticizing the owner of Alcatraz Cruises. "He made sure he hired only enough crew to train their replacements. He knows what he’s doing. He hired people who weren’t in the union so there wouldn’t have to be a union."


Union members are concerned this could be the start of an unwelcome trend on San Francisco’s waterfront, which has traditionally been powered by strong unions.


Firth said the company wasn’t ruling out the possibility of seeking future service contracts with the National Park Service or taking ferries to other ports in the bay. "We’re not exploring any actively, but I wouldn’t rule it out in the future," she said.


"Hornblower [Alcatraz Cruises’ parent company] is one of the fastest-growing businesses on the bay," she said, "and it obviously didn’t get that way waiting for business to come to it."

Smelly situation

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› amanda@sfbg.com

Trips to Alcatraz Island have become a little more unpredictable since Sept. 25, when a new contractor assumed the ferry service from Blue and Gold Fleet, which did the job for the past 12 years. Since the changeover the new company, Alcatraz Cruises (a subsidiary of Hornblower Yachts), has endured regular protests and has had a handful of minor maritime mishaps.

A Guardian review of operation logs kept by the National Park Service (NPS), which runs the island, shows some less than graceful landings on the docks, a few scheduling snafus that stranded confused tourists on the island, and a sewage spill that had to be reported by outsiders.

Such incidents aren’t uncommon for a company growing into a new job, but they’re all being closely scrutinized by the union captains and deckhands who were displaced by the nonunion Alcatraz Cruises. They see the incidents as proof that more of their experienced crew should have been hired to operate the boats.

"Sewage alarms have been going off, and there have been spills," said Steve Ongerth, standing with a picket sign outside Pier 33, where Alcatraz Cruises now runs the ferry system and where workers with the Inland Boatmen’s Union and International Longshore and Warehouse Union have been protesting for the past 10 weeks. "If they’d hired us, who know what we’re doing, that wouldn’t have happened."

Like many other national parks, Alcatraz functions with something akin to the hiker’s credo "Leave no trace." Part of the service contract includes pumping thousands of gallons of raw sewage a day and transporting it across the bay to deposit in the city’s system.

There were three reported sewage spills on Alcatraz Island in September and October. Two were less than 500 gallons, one prior to the changeover and one shortly after. They were reported in a timely manner to the San Francisco Bay Regional Water Quality Control Board, according to NPS spokesperson Rich Weideman.

Another, however, was not initially reported because the NPS contends it was less than 20 gallons and doesn’t require paperwork until the annual Sanitary Sewer Overflow Report is due to the water board in March.

Sources who spoke to the Guardian, however, contend the spill was much more than 20 gallons and took it upon themselves to start a paper trail when it appeared the NPS wasn’t going to act. "Sewage spill on dock approx 16:30 Al. Cruis. Staff hose down area — flush waste into bay," an entry in the official NPS log kept on the island reads, initialed by "DC."

"I don’t know who that is," Jim Christensen, NPS maintenance engineer, told the Guardian. "And we don’t know anything about this spill."

"There was no spill in October," said Ray Katsanes, the sole NPS maintenance staffer who works on the island daily.

Christensen said only NPS rangers and volunteers routinely log entries and nobody has those initials. Golden Gate National Parks Conservancy staff who lead interpretive tours are also on the island but aren’t a part of systems operations. Christensen didn’t check that staff list, but the Guardian did and found DC.

"I wrote that in the log because I couldn’t tell what was happening, but I could see it," Dan Cooke, an interpreter for the conservancy, told us. Cooke has led night tours on the island since 1999 and was waiting with other conservancy staff on the dock for that night’s tour to arrive when he saw the spill occur.

"I thought to myself, ‘Someone better write this down,’ " Cooke said, when it seemed no real record was noted of the spill. He added the entry to the logbook at a later time, and it appears in the margin of the top of the page for Oct. 12, out of time sequence with the rest of the day.

Christensen says there was a spill of approximately 20 gallons of salt water that day from a broken pipe on the dock, which he thinks is what the log entry refers to. "They got their facts wrong," he said of Cooke and another person who saw the spill. "Why didn’t this person tell the interpretive site supervisor and say, ‘This is what I saw’? Our policy is don’t cover it up. Contact me right away."

Cooke told us it wasn’t just water. "All I saw was a spreading stain on the surface of the concrete outside the sewage tanks. Then there was some boat crew with mops and hoses cleaning it up. They didn’t look like they were cleaning it up because they wanted to. We went over to have a sniff, and it certainly wasn’t just water."

A captain on a passing ferryboat from another company also saw a spill similar to what Cooke described. Witnessed from 100 feet offshore, it seemed significant enough to the captain to report to the state’s Environmental Protection Agency.

"I saw a lot of liquid on the concrete, and a man was up on top of the sewage tanks. It was very obvious to me sewage had overflowed," said the captain, who requested anonymity because of his position. The veteran captain, with 30 years’ experience driving boats for the Coast Guard and in the Bay Area, used to operate the ferry to Alcatraz when it was run by the Red and White Fleet and is knowledgeable about the demands of the island’s sensitive sewage situation.

"The instructions of my company are I’m to report any spills," said the captain, who felt obligated to make the call to the port captain for his company and later filed a report with the EPA. "I wrote 50 gallons in my report, but it was more than that. There was a lot of water," he said.

Whether or not it was 20, 50, or 500 gallons, other NPS log entries on that day and several others since Alcatraz Cruises took over indicate the sewage alarm has gone off, which it does when the tanks are too full. There are also regular notations of the bathrooms being out of service, which is a chronic problem that occurred during Blue and Gold’s tenure as well.

Michael Chee of the water board told us 20 gallons is pretty minimal. "We can’t really concern ourselves too much with that," Chee said. He did, however, mention ongoing spills are small indications of a larger problem.

"In this instance there’s a possibility we could look into how they’re managing it and decide if it’s the best way," Chee said. "There are a lot of things we could look into [for] the collections systems in terms of proper size."

Is a 6,000 gallon tank that has to be pumped several times a day an adequate system for a dozen toilets that catch the offal of 1.3 million visitors a year?

"At least half the day you’re handling sewage," said Andy Miller, a captain with Blue and Gold for 17 years who used to drive the Alcatraz route. "It’s definitely an issue that experienced guys kept up with. It’s part of the daily routine of driving the boat."

Miller said it can add a lively element to the tight, half-hour turnaround schedule that breaks down to 10 minutes loading people, 10 minutes underway, and 10 minutes unloading people, with little extra time to pump shit from the ever-filling tanks.

"We knew where to finesse the schedule and finagle a couple of minutes. We knew how to keep the company out of trouble," Miller said.

Managing that tight schedule appears to be causing some problems for the new operator. The logs listed some hard landings on the island by the new ferry drivers. They also show boats not arriving for scheduled departures Oct. 14, resulting in tourists left on the island too long. According to NPS log entries, the afternoon was "chaos" and "many night tourists leave early because of the confusion. Last departure at 19:50 is only half full — not a normal occurrence."

"I can’t remember an incident like that where the park service cancelled the cell-house sweep and let people stay on the island," said Steve Ongerth, who worked for Blue and Gold for almost 10 years.

Yet the sewage problem on Alcatraz goes beyond the growing pains of a new operator. Miller said it’s difficult to keep the tanks from overflowing without pumping while passengers are boarding, even though the NPS discourages doing that because of the smell.

"Toilets are high priority for NPS," Miller said. "They said, ‘No, you can’t pump when passengers are boarding,’ but we couldn’t keep up with it. We had to keep up with the schedule and keep up with the demands of the sewage."

"The boats were pretty smelly sometimes," Weideman told us. Customer complaints caused the NPS to change the rules about when to pump, which led Blue and Gold to start adding special trips to the island, before and after the tourist runs, just to pump sewage.

Alcatraz Cruises can’t keep up either and has spent $300,000 on a new vessel designed to function as a workboat for the fleet — pumping sewage off the island and fresh water onto it, removing trash, and delivering special loads that would otherwise require a barge.

"Our goal is to keep the visitor’s experience pleasant," said Paul Bishop, director of Marine Operations for Alcatraz Cruises. "That’s the whole reason we went to this second boat, to keep sewage away from the passengers."

"Ideally, we want to have Alcatraz completely self-sufficient," Weideman said, within a time frame of "five years optimistically, 10 years realistically." The plan would be to install waterless urinals and composting toilets, use the gray water and manure in the island’s historic gardens, power the systems with solar panels, and lube the backup generators with biodiesel.

While technology is a bit of a hindrance at this point, funding is the bigger hurdle. Tickets to Alcatraz just went up three dollars, to $21.75, but the list of deferred maintenance is long, and solar panels would require an additional financial boost from a donor.

With the hopes of drawing open those wallets, the NPS has focused on the "enhanced visitor experience," said Ricardo Perez, superintendent of the island. He envisions revolving exhibits, special events, and facilities offering catered conferences. "We want to be an example for other parks." *

Pink-paint hate

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It was a little after 6 o’clock on the morning of Sept. 21 when Naomi Okada arrived to start her day at Lowell High School. The Japanese language teacher is often at work early, and after a short wait a custodian let her into the building. Okada made her way down the quiet, empty halls of the school and up a stairwell to the second floor, where she unlocked the door of the World Language Department office. She dropped her things by her desk, one among more than a dozen belonging to the language teachers who share space in the large office. As she entered the nearby kitchen to brew a pot of coffee, John Raya’s desk, in the corner by the door, caught her attention.
“I noticed there was paint all over his computer,” Okada told the Guardian. “My first impression was that it looked like a bucket of paint was poured over it.” Thick streams of pink liquid dripped from the monitor onto the keyboard and were splattered on the wall behind the desk and the chair in front of it.
She thought this might have been an accident, but since Raya was also an early riser and usually came in about a half hour after her, she decided to go look for him. She walked quickly down the hallway, past Spirit Week posters painted the same shade of pink, to Raya’s classroom. It was still locked. Moments later she ran into him in the hallway, and together they went back to the office.
Okada hadn’t yet passed close enough to the desk to see a note propped on the keyboard. It was Raya who would first read what it said:
“Big mouth fag!!!!! You start too much trouble in this department!!!! Mind your fucking business and go back to New York!!!!! Or Cuba or wherever the fuck you come from!!!!!”
“I was stunned,” Raya told us. “It didn’t hit me in the beginning. It was just bizarre. It didn’t make sense. And then the reality hit.”
Raya thinks the pink paint was chosen because he is gay and the words because he’s been speaking up about problems he sees in the language department in which he has taught French and Spanish for almost 20 years.
Soon the school’s interim principal, Amy Hansen, and assistant principal Peter Van Court would have the room closed off and guarded by security. John Scully, the police officer assigned to the school, would arrive to gather evidence that might identify who committed the hate crime.
And all of that would take just a few hours. The destroyed keyboard and desk chair would be removed and replaced. The paint would be wiped up, leaving spare vestiges of pink in the seams of the computer monitor and on the chalk tray behind it. By lunchtime it would seem as though this had never happened — and most of the school would still be unaware that it had.
Later, Inspector Milanda Moore of the San Francisco Police Department’s hate crimes unit would be assigned to the case, and Raya would ask her why a crime lab was not brought in. “She said that was Mr. Scully’s call,” Raya said.
“We didn’t really have a lot of evidence,” Scully told us. “I guess it’s a computer office classroom,” he said, misidentifying the room. “A lot of people touch computers. It would be hard to get a good fingerprint. I didn’t see the point.” He said rooms that see a lot of use and are heavily trafficked by kids are hard to fingerprint.
This, however, isn’t one of those rooms. It’s an office to which only faculty and administration have keys and access, and students are strictly forbidden from entering without supervision. And when Okada arrived for work early that morning, the door was locked, the lock was functioning fine, and there was no sign of a forced entry.
That’s led Raya and others at Lowell to a truly disturbing conclusion: the hate crime was committed, they suggest, not by a disgruntled student or misguided prankster but by a member of the faculty or an administrator.
If that’s true, then Lowell — the city’s premier public high school, a place that wins awards for its teaching and is lauded for its tolerant attitudes — has a staff member who has resorted to the sort of racist, homophobic act that’s rarely seen in San Francisco workplaces these days. And he or she still hasn’t been caught.
In fact, one of the oddest elements of this entire episode — and the fact that makes it more than a passing story of poor behavior — is the way the school administration has seemed to go out of its way to keep the whole thing under wraps. Students were never formally told what happened. Faculty were discouraged from discussing it. The student paper, the Lowell, was scolded for daring to print a story about it. Other than a student-organized response, there was no attempt to use the incident as a learning experience.
Some school officials are unhappy that the administration kept this so quiet. “I think that’s totally inappropriate,” Sarah Lipson, vice president of the Board of Education, told us. “We’ve tried so hard to be transparent. If you have no idea where this is coming from, you have to err on the side of transparency.”
And when we started to look into the crime, we discovered that it wasn’t an isolated event. The language department at Lowell is such a mess that a specialist in nonviolent communication has been hired to mediate. “It’s a very hot, polarized situation,” said Lynda Smith, a consultant with Bay Area Nonviolent Communication who works with couples and groups and teaches classes at San Quentin. “In my experience, the tension and the lack of trust in this department is one of the more extreme situations that I’ve encountered.”
The situation is raising some deep-seated questions about the way one of the nation’s top public high schools is managed.
Lowell is the kind of academic institution that inspires faith in the public school system. Last May, Newsweek ranked it 26 out of 1,200 top public schools in the country. Each year nearly 3,000 of San Francisco’s intellectually elite eighth graders vie for the 600 open slots, facing academic standards more rigid than those of any other high school in the city. The list of alumni is thick with Rhodes scholars and Nobel Prize winners, Beltway press secretaries and Ivy League college presidents.
The rigorous learning environment means “the students are so academically driven they rarely have time to look up from their books,” said Barbara Blinick, a social studies teacher and faculty sponsor of the school’s Gay-Straight Alliance (GSA). She thinks that’s what makes Lowell “one of the safest campuses in the city.”
“We fight over seats in the library,” student Beatriz Datangel said. “Last year someone got in trouble for throwing a cupcake.”
And Lowell has a reputation for being a safe and accepting place for queer students. “They’re not attacked, they’re not beaten up,” Blinick said.
“I have never been in or heard of a high school with as gay-positive an environment as Lowell has,” English teacher Jennifer Moffitt said. “That isn’t to say Lowell is perfect by any means, but it’s unusually open here. We have several openly gay faculty members as well as students.”
“Last year’s prom king and queen were both guys,” English teacher Bryan Ritter added. “And they both fought over the tiara.”
Which is why the hate crime committed against Raya was so shocking.
“I can’t believe that someone would target him,” Ritter said. “He’s such a nice guy. I don’t tolerate homophobia, and I can’t express how appalled I am that it’s happened in my own school.”
Ritter, like a majority of the faculty, first heard about the incident from Hansen the day after it happened.
Hansen told us she said “this was a horrible act, that it was an assault on all of us and we need to keep our ears open and be listening, because if students know and if students were involved, if you listen, kids talk.”
But if the incident was indeed an assault on “all of us,” the students were not included in that community. No public announcement was made to the student body. The monthly “Message from the Principal,” released just three days after the hate crime was discovered, painted a bright, sunny picture of a day in the busy life of Lowell, with Spirit Week in full swing and faculty steeped in annual curriculum development. There was no mention of the incident of hatred directed against a veteran faculty member.
“It seems to me it’s been downplayed from the very beginning,” said David Lipman, a Spanish teacher. “We were told at the beginning not to say anything to the students. So we didn’t say anything.”
“Somehow,” Lipman told us, “I’m just afraid that it’s not in the district’s interest to find out who did it. And it seems like no one will ever hear about it again.”
The school’s award-winning student paper, the Lowell, wasn’t comfortable with that approach. “The students hadn’t heard about it — that’s why we covered it in the paper,” said Ritter, who’s also faculty sponsor for the monthly publication.
Raya was very willing to talk about the crime with reporter Cynthia Chau, who didn’t have a difficult time getting details of what happened or leads as to why from him. Responses from the principal were not as forthcoming.
“She did talk to us, and she answered all of our questions,” said a reporter who assisted Chau with the front-page story. “Except for when it got to Raya’s allegations that were more controversial — when he said she hadn’t done enough to respond to the hate crime, about her showing favoritism, and that he had had a discussion with her about that. She said, ‘No comment, that’s between Mr. Raya and myself.’<\!q>”
After the story hit the hallways, Hansen scheduled a meeting with the journalism classes that publish the paper to discuss their moral obligations as reporters. Though Hansen had issues with a number of their articles, including the one on Raya, the overall impression the classes came away with was that she disapproved of them covering controversy.
“Her recommendation was that we shouldn’t report stories that may have a negative effect,” reporter Jason Siu said. “That doesn’t really work. As journalists, we should report the truth. If it’s happening on the Lowell campus, we should report it.”
John Raya has the quiet presence of the kid who sits in the back of the classroom minding his own business. The only edge in his otherwise soft voice is a Brooklyn accent, which dissolves when he speaks French or Spanish, the two languages he teaches at Lowell. It’s hard to believe he could incite enough animosity to drive someone to commit a hate crime against him.
But at Lowell he’s become the most vocal leader of an expanding group of teachers unhappy about the management of the language department.
Since June, Raya has been writing letters to various administrators and the Board of Education about what he perceives as inequities in the way classes are assigned to teachers and how students are selected for them. He’s been calling for more openness in decision-making processes, for a formal policy on who teaches which classes, and even for the department head, Dorothy Ong, to relinquish her position.
“Everyone in the department was getting copies of these letters,” Lipman said. “There were a lot of them. They were mainly in the weeks preceding the incident. They were about policy, fairness, equity — very professionally done. Your jaw dropped open because they pierced right to the heart. They were like when a senator is calling for the president to step down.”
High schools are often places where petty drama takes the stage as high art, where locker room cliques are nascent coffee klatches and conflict and competition are extracurricular activities. But behind the academic politics are sometimes real issues.
When Amy Hansen left Oakland’s Skyline High School to stand in as interim principal at Lowell for the 2006–<\d>07 school year, Raya was one of the first people to come by her office, a few days before school commenced in August. He wanted to talk about the World Language Department’s “long-standing history of conflict,” she said. “He raised concerns about how the department was run, he felt that he was not being treated fairly, and he raised a number of issues which I took seriously.”
At Lowell the 600 or so incoming students are asked to rank three options from the nine languages the school offers. Like many high schools in the country, Spanish is in high demand, second only to Chinese; more than half of Lowell’s students are Chinese American. Over the years, more sections of these popular classes have been added incrementally, but a concerted effort has also been made to skim off some kids into other, less popular languages, such as Korean, German, and Italian.
Herein lies the rift, which some view as philosophical — but which in practice leaves one person playing God. Every year about 100 unlucky students end up with the second or third language they picked. This balances the class sizes and lets the less-popular languages survive, but critics of the system think it undermines student choice — for the benefit of the adults who teach them. This year three Spanish classes and a French class were replaced with additional sections of German, Korean, and Advanced Placement Chinese in order to bolster the numbers.
According to Raya and his contingent, this was inexplicable, and so much tension existed in the department, they suspected the only reason it was done was to favor teachers who might otherwise be let go if the programs were cut.
“We voted as a department years ago — the languages that don’t support themselves, we’re going to let them die off,” Spanish teacher John Ryland said. Tagalog, Russian, and Greek had all seen the ax.
Part of the problem is that teaching at Lowell is a popular gig no one wants to lose. “There’s always the fear that a diminishing number of students taking certain classes leads to a change in who gets to teach classes and teach at Lowell,” social studies teacher Ken Tray told us.
It’s particularly rough in the language department, where changing preferences can mean the end of a job. “Other departments don’t have competition or concern that there will be enough kids signing up to teach their classes,” Tray said.
Ong, who decides which language classes to save (and who should teach them), denied there was any favoritism. “If you look at the whole picture, what is lost here? Nobody lost their job,” she said. “People can say I favor the lesser languages. I protect all languages as department head.”
Then there’s the AP issue.
Nearly 100 percent of Lowell students graduate, nearly all continue on to college, and the school’s basic requirements are geared toward getting them into at least the University of California system. Unlike many other schools, Lowell doesn’t limit the number of Advanced Placement, or college-level, classes a student can take, and many kids use them to heavily spice their transcripts and entice college admissions counselors.
For teachers, the advanced curriculum of AP classes is a chance to be challenged along with the kids. “Among teachers, there’s no shortage of desire to teach AP,” said Bryan Ritter, who teaches AP English.
And the school is happy to provide as many AP classes as it can. According to San Francisco Unified School District (SFUSD) policy, for every 20 AP exams that are taken by students, the district will fund one additional AP class. So 100 students testing means additional funding for one new teacher. “At Lowell we make a bundle off of that,” said Terry Abad, president of the Lowell Alumni Association.
The money is deposited in the school’s general fund, but rather than hire additional AP teachers, Lowell’s administrators ask staff members to teach multiple sections of AP classes. By doubling and tripling the number of AP classes one teacher instructs, the school frees up thousands of dollars to pay for other school services.
“From a financial perspective, if teachers weren’t teaching AP, we wouldn’t be able to fund school,” Abad said. “Without AP money Lowell would be a disaster.”
But another disaster is in the works, with overburdened teachers looking to dump classes and underburdened teachers wishing they could have them. “The idea of AP is to give a very intensive college experience and give teachers the time to properly attend to those classes. The whole system has been corrupted,” said David Yuan, an English teacher.
Nowhere in the school is that more obvious than the language department, where one teacher has four Chinese AP classes. “It’s a tremendous amount of work,” Xiaolin Chang said. “I’m hoping next year someone else will teach.”
Hansen said these concerns have not fallen on deaf ears. Two subcommittees have been established for reviewing the numbers to determine classes and another “to create policies and procedures that are written, so that it isn’t ‘I like you, I don’t like you, you’re cute, or whatever, the kids like you better.’ So that there’s some process,” Hansen said.
She refused to allow teachers to review old data to see if favoritism had played into past decisions and defended the language department chair. “I feel that in the limited time that I’ve been here, Ms. Ong deals with a staff of at least 18 or 19, all of whom feel passionate about their language, a complicated scheduling process, and I think she does a herculean task. She has the support of the majority of the faculty, who trust her and believe that she’s doing the best she can.”
Despite the concession to be included in future decision-making processes, Raya continues to wonder why there hasn’t been more of an effort to find out who trashed his computer and to rectify the rumors. “People still think a student did it. I’ve gotten lots of cards and e-mails from people, all supportive, but they keep thinking it’s a student,” Raya said.
But that seems almost impossible to believe, since no students had access to the area and there was no forced entry, “I would be very, very, very surprised if it wasn’t an adult,” Lipman said. “The note said you’re making too many problems for this department — students don’t know that.”
The district hired a private investigating firm, Brubeck and McGarrahan, to look into the situation, and Ellen McGarrahan released the findings of her investigation to SFUSD legal counsel Nov. 20. Her report states that 15 people — all faculty or staff — were interviewed. The investigators were unable to reach any conclusions.
But not everyone who uses the room was questioned. “I’m shocked that they haven’t questioned everyone in the department,” said Lipman, who was not contacted by any investigator. “I’m surprised they didn’t ask everyone what they knew. It seems like that would be the logical thing to do.”
Instead, on Oct. 23, during the middle of the school day, Raya was called downtown by Inspector Milanda Moore for almost three hours of what felt like a full interrogation. “My mistake was I didn’t get a lawyer. I didn’t think I needed one. She duped me. She said it was an interview,” Raya said. He told the inspector he didn’t have a key to the building or any knowledge of the security code to quell the alarm and was at a class at City College the night before and working out at the gym the morning the vandalism was discovered.
“She said, ‘Why don’t you take a polygraph?” I said, ‘I have no problem doing it, but I’ll do it on the condition that every administrator, every faculty member, and every student do it.’<\!q>”
Raya told her, “I’m the victim! Why are you asking me?”
At Raya’s interrogation, one of the letters he wrote to assistant principal Peter Van Court was touted as an example of how Raya was capable of orchestrating his own hate crime. “She [Moore] said to me the language in the hate crime note sounds like the language I used to Van Court in my letter. I said, ‘Excuse me, there’s nothing in that letter that says faggot.’<\!q>”
Inspector Moore refused to comment on this case, except to say it was still open.
Hansen is not a popular principal these days. Since September she’s been “dropping in” on classes for short observations, which she says are a way to get to know the school and encourage a pedagogical dialogue.
In theory, this sounds exactly like what an engaged administrator should be doing — but the practice has had a hard launch as teachers have perceived it as an opportunity for the administration to unfairly critique them at their jobs.
“The principal started off the school year wanting to have this intense conversation about our teaching. Dropping into classes was initially portrayed as a collegial part of an ongoing process of a development exercise,” said Ken Tray, a social studies teacher and United Educators of SF union representative. Instead, the principal’s practice of dropping into classes to casually observe teachers has created a backlash against her style and approach.
“A record number of grievances have already been filed this year,” Tray said. “Last year we had one grievance the entire year, and there were some very serious issues that came up.”
“They’re clearly a lot more than friendly, getting-to-know-you visits,” Yuan said. “There are a lot of people that are unhappy. It’s tense. This is essentially a new policy.”
An unprecedented meeting Nov. 2 drew more than half the faculty to a forum to air their concerns. Their biggest gripes: a lack of trust, a rush to judgment, issues with communication, a sense of top-down management, and a real worry that teachers were being unfairly evaluated, which is a violation of the contractual agreement between the teachers’ union and the district.
“Lowell does not have to be fixed,” Tray said. “It’s creating a faux crisis. What’s the issue here? We have outstanding students doing outstanding work. More punitive measures from the administration seem out of place.”
Some say Hansen may be a good principal who’s just at the wrong school. “I think she’s probably a pretty good turnaround principal,” Yuan said. “Her approach is good for schools with more difficult students.”
“I think everyone is pretty much united,” school board member Eric Mar said. “The principal is autocratic and doesn’t resolve conflict. The principal chosen is the wrong person for the school, and that’s one of the root causes for the conflict.”
November is Transgender Remembrance Month at Lowell. GSA posters commemorating transgender victims of hate crimes hang throughout the hallways, and on a busy afternoon the students rush by them, their arms loaded with books, their ears pressed to cell phones, appearing like the young professionals they hope to someday be.
When asked why the students weren’t informed or brought together as a group to discuss a hate crime on their campus, Hansen said, “We can’t, first of all, have a schoolwide assembly. We have 2,700 kids and we have an auditorium of 900 capacity.”
And she said, “We wouldn’t generally broadcast this kind of information. Whenever a computer’s stolen or something terrible happens, we don’t tend to broadcast it.”
However, the day before the hate crime was discovered, another teacher’s tires were slashed. Hansen went on the school’s broadcasting system, Radio Lowell, to denounce the slashing as an inappropriate way of dealing with anger and asked anyone in the community with information to come forward.
That wouldn’t necessarily be the way to handle a hate crime, but according to other professionals in the field, secrecy isn’t always the best route either.
Al Adams has handled a few hate crimes during his 19 years as a principal, even writing about a 1994 incident at his school, Lick-Wilmerding High, for the National Association of Independent Schools newsletter. He titled his article “When Homophobia Rears Its Head.”
“My rule of thumb with anything like this is to be open and honest and candid about it. That always goes a long way. Make sure the victim feels safe and also search out teachable moments,” Adams said.
“The most effective treatment of a hate crime is to shine the spotlight on it and make the perpetrators accountable,” said Sam Thoron, who recently retired after six years as national president of Parents for Lesbians and Gays (PFLAG), an organization he’s been involved with since his daughter came out in 1990.
He said there’s a fine line between shining a light and making too big a deal, but “burying something like this tends to make it worse.
“I would expect the school to make a clear and public statement that this is not acceptable, but it’s awful easy to hide these things.”
Barbara Blinick, faculty sponsor of the GSA, was worried about the lack of candor. “That was a fault. I do think that could have been done better. [Hansen] made a choice not to make it public. But everyone knew about it, everyone was talking about it, and that’s why the GSA wanted to respond.” Blinick spoke with Hansen shortly after the incident and arranged for the GSA to do the outreach.
“The students have been really brave and thoughtful and working so hard,” Blinick said. “We all agree it took too long, and some of the tardiness was that we wanted it to be perfect.”
On Nov. 30, more than two months after Raya discovered his defaced desk, an outreach bulletin written by the GSA was distributed to the students, with a cover letter from Hansen denouncing homophobic discrimination but without specific mention of Raya or the hate crime that happened in the school.
Communities United Against Violence does outreach in the SFUSD through a speaker’s bureau, a program founded by Sup. Tom Ammiano. The group is often contacted by schools after a hate crime occurs, and since 1978 some 70 volunteers have been visiting schools such as Washington, Galileo, Ida B. Wells, and Mission to talk about what it takes to have an open and supportive community, “but we don’t get invited to Lowell,” program director Connie Champagne told us.
“They need to be coming here,” Blinick said. “That’s a really easy way to talk about these issues. They should be hitting every 10th-grade classroom, and I thought that they were.”
The private investigator’s report has been finalized, with no conclusion about who may have targeted Raya. The city’s investigation is ongoing and already reeks of a case gone stale for lack of evidence and witnesses.
Nothing further about it has been said to the faculty, and nearly everyone questioned by the Guardian said they hoped to hear something more soon. Conditions in the department haven’t necessarily improved, and veteran teachers are already looking forward to the end of the year.
“Who did it? That piece needs to get solved for them to move forward,” said the mediator, Lynda Smith, who, after two sessions, was not invited back by the administration.
“I’m so discouraged now,” Raya said. “I’m just at low ebb. I’m really disgusted. I don’t want to leave Lowell. I love Lowell. I’m addicted to Lowell. But the morale is so low I think it’s going to be my time to go. I never thought I would.
“The sad part is it’s not the kids. They’re the ones I will miss the most. It’s sad that this has to prompt me at 50 years old, spending more than half my life in this profession, to decide that this is the time to quit.”

The devil in the metadata

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The Rules Committee of the Board of Supervisors is considering whether or not the city should allow its departments to release electronic documents that include metadata. Although the Sunshine Ordinance Task Force has already hashed over the minutiae of this issue and ruled that metadata can and should be released, the mystery enshrouding what it is, and the lack of any specific policy or known precedent in other cities or states with public records laws has pushed the discussion upstream to where a formal legislation has become a possibility.
Freedom of information purists are saying all the parts and pieces of a document are part of the public domain, while the City Attorney’s Office is claiming another layer of protection may be required.
Metadata entered the realm of public discussion in San Francisco after citizens started making requests of electronic documents with a specific plea for metadata. Activists Allen Grossman and Kimo Crossman wanted copies of, ironically enough, the city’s Sunshine Ordinance, in its original Microsoft Word format. Grossman and Crossman wanted to use the advantages of technology to follow the evolving amendments the Sunshine Ordinance Task Force members were considering for the city’s public records law. These “tracked changes” are a common function in Word, and are, technically, metadata.
When Clerk of the Board Gloria Young received these specific requests for Word documents, not knowing what this “metadata” was or what to do about it, she turned to the office of City Attorney Dennis Herrera for advice.
Deputy City Attorney Paul Zarefsky initially gave oral advice to Young, and when pressed by the Sunshine Ordinance Task Force, issued a five-page memo in response, arguing that release of documents with metadata could pave a path for hackers into the city’s computer system, render documents dangerously vulnerable to cut-and-paste manipulation, and invite another unwelcome burden of reviewing and redacting for city officials. Young followed his advice and proffered the requested documents as PDFs.
A PDF, or “portable document format,” is essentially a photograph of the real thing, and contains none of the metadata that exists a couple clicks of the mouse away in a Word document. Evolving changes can’t be tracked, and PDFs don’t have the same searchability that Word docs have. So PDFs of the Sunshine Ordinance that Young provided didn’t have the functions that Crossman and Grossman were looking for, and were utterly useless for their purposes.
“It’s 92 pages,” Grossman said of the PDF Sunshine Ordinance. “I can’t search it electronically if I want to find something. This document I received is of no use to me.”

Meta-what?
Before delving too deep into the intricacies of current city politics, let’s pause for a moment to note that you don’t need to be a Luddite to have no idea what metadata is. It sounds like some diminutive or ethereal version of the real thing. In a sense, it is.
Simply put, metadata is data about data, and grows with weed-like tenacity in the electronic flora of the twenty-first century. Common examples include the track an email took from an outbox to an inbox, details about the owner of a computer program, or the laptop on which a Word document has been typed.
Metadata becomes cause for concern when there is something to hide. Not readily visible, metadata requires a little sleuthing to reveal, but in the past it’s been used to uncover deeper truths about a situation. For example, attorney Jim Calloway relates on his Law Practice Tips blog a divorce case where custody of the child was called into question because of the content of emails sent from the mother to the father. The mother denied she’d sent the emails, though the father vehemently insisted she had. A court forensics investigation found metadata showing that, in reality, the father had written the emails and sent them to himself.
“Metadata speaks the truth,” Calloway writes. “My position has always been that a tool is a tool. Whether a tool is used for good or evil is the responsibility of the one who uses the tool.”
Lawyers have historically advised that metadata be fiercely protected. Jembaa Cole, in the Shidler Journal for Law, Commerce and Technology wrote, “There have been several instances in which seemingly innocuous metadata has wreaked professional and political havoc.”
Cole goes on to cite a gaffe from Tony Blair’s administration – a document about weapons of mass destruction was available on the government’s web site, which claimed the information was original and current. Metadata showed that, not only had the information been plagiarized from a student thesis, it was more than ten years old.
Cole urges lawyers to take an aggressive tack against revealing metadata, by educating offices about its existence, making a practice of “scrubbing” it from documents, and providing “clean” documents in PDF or paper form.
The city attorney’s office has taken a similar stance. Spokesperson Matt Dorsey told us metadata has been a part of the continuing education of the city attorney’s office. However, all past case law of which they are aware focuses on metadata in the context of discovery and “the conclusion of most state bars is that they have the obligation, under attorney-client privilege, to review metadata prior to discovery,” he said. “The issue of metadata is a relatively new one in legal circuits. It isn’t a brand new issue to us, but it is in the context of Sunshine,” said Dorsey, who maintains that metadata could still fall within the standard redaction policies of the public records act.
Terry Franke, who runs the open-government group Californian Aware, argues that “the city attorney needs to complete this sentence: ‘Allowing the public to see metadata in Word documents would be a detriment because…’ What?”
“From the beginning of this discussion the city attorney has never provided a plausible, practical, understandable explanation of what is the kind and degree of harm in allowing metadata to be examined that justifies stripping it out,” Francke said.

To the task force
When Grossman and Crossman were denied the documents as they’d requested them, they filed complaints with the Sunshine Ordinance Task Force. In their cases, first heard on Sep. 26, they argued there should be no concern that the text of Word documents could be manipulated – anybody with a gluestick and a pair of scissors could do that to any piece of paper. That had been a consideration when the Sunshine Ordinance was drafted, and why the city always retains the undisputable original.
Thomas Newton, of the California Newspapers and Publishers Alliance, who was involved in drafting the state’s public records law, agreed with them. “If you follow his logic, you can’t release a copy of any public record because, oh my God, someone might change it,” Newton told us.
Crossman and Grossman also pointed out that to convert documents from Word to PDF invites even more work to a task that should be as burden-free as possible. It’s a regular practice for the clerk of the board to maintain documents as PDFs because that preserves signatures and seals of ratified legislation, but to make it a policy of all departments could invite a landslide of work, printing out documents and converting them to PDFs – not to mention undermining the notion of conserving paper.
Also, translation software and the “screen reader” feature that a blind person might employ to “read” an electronic document, don’t work with PDFs.
First amendment lawyers also offered written opinions on the issue. “Some of the city’s arguments have no support in the law whatsoever,” wrote Francke. “The fundamental problem for the city is that it has no authority to legislate a new general exception of exemption from the CPRA (California Public Records Act), and that’s what’s being advanced here.”
“The city’s scofflaw position represents the status quo ante, the old law that used to allow an agency to provide a copy of computer data ‘in a form determined by the agency.’ The city’s position has been directly and completely repudiated by the legislature. If the city disagrees with the law, it should come to Sacramento and get a bill,” wrote Thomas Newton, general counsel for the California Newspaper Publishers Association (CNPA).
As for the hacker scare, Zac Multrux, an independent technology consultant was invited to the Sep. 26 hearing by task force member Bruce Wolfe to speak about the dangers of metadata. He suggested a number of technological tools that are available for purchase or are free online, that will “scrub” metadata from documents. He said that while it’s true that someone with ill intent could mess with metadata, “I think someone would need a whole lot more than the name of a computer” to hack into the city’s system. “Personally, I don’t see it as a significant security risk,” he said.
It was also pointed out at the hearing that a variety of city, state, and federal departments already make Word and Excel documents available. Wolfe did a quick online search and found more than 96,000 Word documents on the State of California web site. “They’re not afraid to make Word documents public online,” he said.
Over the course of two hearings the task force found no basis for Zarefsky’s claims in either the city’s law or the California Public Records Act – both of which explicitly state a document should be released in whatever format is requested, as long as the document is regularly stored in that format or does not require any additional work to provide.
The task force found Young in violation of the ordinance and she was told to make the documents available in Word format. No restrictions or rulings were made for future requests, but task force member Sue Cauthen said, “I think this whole case is a test case for how the city provides documents electronically.”

What’s next?
As requested, Young had the Sunshine Ordinance, in Word format, pulled from the city’s files and posted on a separate server outside of the city’s system to be viewed. Crossman, noting the added labor and resources for that provision, wondered if that would happen to all public records requested in Word format, so he cooked up another request to test his theory.
He asked for all the pending and accepted legislation for the month of September from the Board of Supervisors, in Word format.
While the Sunshine Ordinance Task Force had found that withholding documents because of metadata was against the law, redaction of privileged information is still legally necessary, and Young continued to follow the city attorney’s advice that a PDF with no metadata was still the safest, easiest way to comply. She told us, “I don’t take their advice lightly.”
Zarefsky’s opinion said departments “may” provide PDFs instead of Word documents and that “metadata may include a wide variety of information that the City has a right — and, in some cases a legal duty — to redact. Young’s office does have pending legislation in Word format, she says it does not fall within the expertise of her staff to review and redact the metadata in those documents because they didn’t author them. “Since we don’t create the documents, how could we ever know whether the metadata should be released? We don’t know what it is,” she told us. “We couldn’t even hire expertise that would know.”
“I can’t imagine there’s so much toxic stuff in Board of Supervisors records they can’t let out,” Grossman told us. “This is a whole mystery to me.”
“It’s just data,” says Crossman. “City employees created it on our dime. Unless it falls under redaction discretion, entire documents should be provided.”
Young took the issue to the legislators who do draft the legislation, asking the November 2 meeting of the Rules Committee for further policy consideration. Miriam Morley spoke on behalf of the city attorney’s office, and said there was a sound legal basis for providing documents as PDFs, but that this was an evolving area of the law that the city attorney’s office wasn’t aware of until about 9 months ago. They could find no other cities currently grappling with the issue, but she said, “Our conclusion is that a court would likely hold a right to withhold a document in Word.”
The committee decided to research the issue further before making a ruling. Committee chair Ross Mirkarimi said he had been integral to the drafting of the Sunshine ordinance, and to rush a decision could be detrimental.
“It seems to me in the spirit of the Sunshine law this is something we should really look at,” Tom Ammiano said. It’s currently at the call of the Chair of Rules and no date has been set for the Rules Committee to hear it again.
A policy in San Francisco could set a real precedent for public records law, but according to many first amendment lawyers, for the Board to do so would be a violation of state law. “I know of no other city, county, or subdivision of state government or state agency that’s disregarding the clear intention of the law as some elements of San Francisco city and county government are planning to do,” Newton told us.
“It’s a debate that can’t really occur outside of a proposal to change the state law,” he said. “The Board of Supervisors can’t pick and choose which law to comply with,” and he said the state’s constitution and public records act trumps the city, which is reading the law too narrowly. “They’re required to give a broad interpretation of this access law. If they don’t like it they should come to Sacramento and get a bill,” he said.
“I think a lot of city departments, and policy and advisory bodies can save themselves a lot of headaches by declaring as policy that they will provide documents in their original formats,” task force member Richard Knee said. “With metadata.”

Money has stopped talking

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by Amanda Witherell

Here’s another, less lauded “San Francisco value.” Page A18 of the November 14 New York Times (sorry, folks…they don’t seem to have it online…) had a tally of the most expensive House races in millions spent. It shows that those who spent the most, lost the most. Just like here in San Francisco!

Republicans outspent Democrats in nearly all the seats the chart lists, and the races they won, they only spent marginally more than their foes. The only Dems to beat them in dollars were Maria Cantwell over Mike McGavick, Bill Nelson over Katherine Harris, and Hillary Clinton over John Spencer (We know where that money’s really going…)

The races where spending was relatively equal, for the most part, Republicans edged Democrats — and yet that party is still opposed to reasonable campaign finance reforms. Maybe they like spending money. I’ve never run for office…maybe it’s like a really posh shopping spree.

Fast Food Nation

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Book lovers always lament movie adaptations: they rarely deliver. But Fast Food Nation, like a swift injection of growth hormone, adds flesh and character to the very real problems of where America’s food comes from and the different ways it’s absolutely mishandled. The feature film is based on the 2001 nonfiction book by journalist Eric Schlosser, who helped director Richard Linklater finesse the screenplay into something of a morality tale tracing the true origins of a Mickey’s hamburger.
Following the tangled strands of food production and consumption, the film jumps between the perspectives of exploited immigrant workers clad in Hazmat suits in a meat processing plant and Greg Kinnear playing the hapless corporate hack trying to figure out just how in the heck his company’s Big Ones are coming up contaminated on the buns. There’s a predictable arc to the narrative, most noticeable in teenage character Amber (Ashley Johnson), a bright-eyed Mickey’s employee who gets a see-the-light lesson from her ex-activist uncle (Linklater favorite Ethan Hawke). Paul Dano (Little Miss Sunshine) as the apathetic burger flipper is the perfect antidote to Amber’s painful optimism, serving up some old food service clichés. But his spit in the burger isn’t the biggest “eww-gross” moment.
Linklater, a vegetarian, wasn’t able to get permission to shoot in an American meat processing plant, so the movie uses real footage from a Mexican one that agreed to be filmed because Schlosser’s tale casts a true light on America’s despotic immigration policies. The scenes of women trading sex for jobs at the border-town plant become very believable when juxtaposed with images of real-time slaughter. Schlosser said workers at a Greeley, Colo., plant whom he interviewed for the book criticized the movie after a screening in Denver — the Mexican plant looked too sterile and unrealistic compared to where they work.
It’s been 100 years since Upton Sinclair’s The Jungle inspired laws to reform meat packing plants. By turning journalism into fiction and transutf8g that from print to real, stomach-turning imagery, Fast Food Nation once again questions America’s massive appetite. I still haven’t eaten meat since I saw the scene in which a cow’s skin is stripped off its body with a chain and a winch, a process more befitting an offshore oil rig than a slaughterhouse. (Amanda Witherell)
FAST FOOD NATION
Opens Fri/15 in Bay Area theaters
See Move Clock at www.sfbg.com
www.foxsearchlight.com/fastfoodnation

Oh, the fists!

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by Amanda Witherell

Mayor Newsom is getting pummeled left and right. (Actually, they’re probably all lefts.) Only one of his three acolytes won the election last Tuesday. The 49ers are waving good-bye after they promised they weren’t talking with any other cities. The Olympic bid went south with them. Supe. Aaron Peskin switched sides and Supe. Jake McGoldrick showed up for the Board of Supervisors vote for foot patrols.
Oh, what else…after Newsom said abolishing JROTC in public schools “sends the wrong message…” You guessed it: the Board of Education just voted to nix the program and send the military packing. What’s next for Mr. Popularity…

The Downward Spiral

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by Amanda Witherell

Ezra wanted to see The Departed and I was angling for Borat, so we decided to let public transportation pick the movie and time and just BART to the new Westfield shopping mall at Market and Fourth.

I loathe all malls, but it seemed the Westfield’s theatre had an ample supply of what we were looking for. And I was in a charitable mood, feeling like I could just forget about where the profit from the $10.00 ticket was really going. After catching a train and pinning down a non-popcorn based meal we were, of course, cutting it very close, possibly into preview time (boding well for me and Borat.)

DisemBARTing at Powell Station, we escalated up into the city’s functional levels and directly into the new shopping mall. This is when the Westfield revealed the true fascist nature of its architecture and mission.

Ed Jew Takes District 4, Daly in 6

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by Amanda Witherell

The city’s Elections department just released the ranked choice results for district 4 and Ed Jew is the unofficial winner with 52 percent of the vote. Ron Dudum was the last to drop, but the results show enough of the voters selected Jew as their preferred second choice.

The ranked choice votes also showed Chris Daly still has a firm grip on his seat in District 6. Daly was the only supervisor outside the Elections department to shake Jew’s hand and welcome him to the fold after the results were released. “Really looking forward to working with you,” Daly said to the new supe.

People Power

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by Amanda Witherell

It’s after the witching hour and the Guardian has said “good night” to the District 6 celebration, but when we left Chris Daly was still dancing his victorious ass off with hundreds of his supporters on the floor of DNA Lounge.

Cheer on the dance floor

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Live report from Amanda Witherell

A big cheer from the mixed-bag crowd just drowned out the DJ at DNA Lounge on 11th Street. Someone just announced from the balcony that Daly has the edge on Black, 49 to 39, with about 10,000 votes in and
88 percent of the precincts reporting. The mood instantly lightens and the dance floor numbers swell.

OMG — “This Prop was Made for You and Me”

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Live report from Amanda Witherell

Slim’s is hosting a party for local ballot measure Prop A, the bond for SF schools. The bar is aswirl with San Francisco’s school crowd — those that are of age, at least, meaning current board members and hopefuls.

Proposition 90 isn’t about eminent domain

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Here are some of the things that could be impacted if Proposition 90 passes: NEIGHBORHOOD PLANNING Developers could argue against providing additional community benefits, which are often mandated when increased building height or density is allowed. New zoning restrictions would be hit hard. LOCAL LAWS If Prop. 90 passes, it amends the state’s constitution — and virtually nullifies a number of local antisprawl and smart-growth measures also on the November ballot. In San Francisco the formula retail ordinance (Proposition G) and the tenant relocation ordinance (Proposition H) could create costly litigation. ELLIS ACT Prop. 90 does not affect statutes, ordinances, and measures that already exist, but new tenant protection would be rendered moot. “Any amendment to our law that would cost the city money would be affected by Prop. 90,” said Delene Wolf of the Rent Board. PUBLIC POWER Prop. 90 doesn’t lend any help to municipalities looking to control their own utilities. If San Francisco were to kick out Pacific Gas and Electric and take over the utility’s distribution infrastructure, the corporation could tack millions of additional dollars onto the city’s bill by arguing a loss of future revenue from the seizure. MANDATORY HEALTH COVERAGE San Francisco passed its landmark universal health care plan earlier this year. But with the plan set to be introduced in stages, there’s uncertainty as to whether it will leave the city open to claims of “substantial economic loss” from small businesses opposed to its passage. HISTORIC PRESERVATION St. Brigid Catholic Church in San Francisco is owned by the Academy of Art Institute, which recently petitioned the Board of Supervisors to have national landmark status removed from the 100-year-old building — allowing for a drastic altering of its Romanesque facade. The board denied the request this past October. Under Prop. 90 the Academy of Art could sue the city for the cost of adhering to these guidelines or for the profit lost for what it would have used the building for if allowed to change it. (Amanda Witherell and Sarah Phelan)

The Sentinel’s Lobbyists

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by Amanda Witherell

It’s no secret that the San Francisco Sentinel has really slipped since Luke Thomas struck out on his own with Fog City Journal, but an article this past weekend represents a new low. “Has Anti-Incumbent Fever hit San Francisco?” makes reference to three polls showing Rob Black leading Chris Daly in the District 6 race for Supervisor. The author of the piece, Sam Lauter links to an article in the Chron about the polls, but he could have just linked to the raw data — at least one of the polls was commissioned through his political consulting firm, Barnes, Mosher, Whitehurst, Lauter(ahem) and Partners.

This lobbying firm is also a liason for much of the thousands of dollars being spent by independent expenditure committees on anti-Daly hit pieces. Before messing around in local elections, Lauter had a career in governmental relations at PG&E, though a Sentinel reader wouldn’t know it — there’s no bio included with the author’s “article,” except that it was formerly printed in a “Red Meat for a Blue State” online publication. Meanwhile, another unauthored Sentinel article criticizes Daly for supposed contributions from lobbyists, though fails to mention that the anti-Daly movement is controlled by a similar crowd of money-runners.

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

Don’t go on the boat!

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by Amanda Witherell

Seven protesters were disarmed of their placards and arrested Sunday when they crossed from public to private property at Pier 33 1/2. Arrests have been made for two weekends in a row as dozens of protesting union employees have continued to gather on the Embarcadero in front of the pier, which is the new launch and ticketing station for the ferry service to Alcatraz Island.

Signs that read “get a refund” and voices that shouted “don’t go on the boat” continued to pierce the air as two dozen police officers and a bevy of private security held back the protesters to let the paddy wagon through. At the outskirts of the crowd, union members spoke with visitors queuing in front of the ticket kiosk, trying to convince them to boycott the ferry and spend their tourist dollars more responsibly.

The seven were taken into custody for entering the landing area without invitations or tickets to ride the ferry. Though owned by the city and patrolled by the Port, the pier is leased to Hornblower Cruises and considered private property. Terry MacRae, owner of the ferry service, will be pressing charges.

No on Jessica’s Law

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by Amanda Witherell

If we didn’t convince you enough that Prop 83 is just a somewhat timely law designed to make Democrats look like the ones who are soft on sexual predation (Ahem, Mark Foley) the New York Times ran an article today illustrating how similar legislation in New York has created nodes of sexual predators that are giving neighbors the willies and inspiring some to take the law into their own hands. Read more here. The other concerns, which the Times doesn’t touch, is that some acts that were once upon a time considered sex offenses, like consensual homosexual sex, no longer merit that status but under Megan’s Law the “criminals” may still have to identify themselves as sex offenders. Also, to slap Global Positioning Systems on people doesn’t necessarily mean it will be possible to keep vigilant track of them — the devices transmit signals by line of sight with satellites, which can often be blocked by roofs, walls, buildings, dense tree cover.

Does Beauty Ravish You?

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by Amanda Witherell

Did it ravish you, compel you, confuse you last night on the corner of 24th and Mission? That’s what a 20×30 foot red banner, spontaneously unfurled around 8 pm from the rooftop of “Chinese Food and Donuts,” was asking of many a surprised Mission hipster and inspiring the itinerant BART station population to look up and wonder why? As if the banner’s inquisitiions weren’t intriguing enough, the billboard, as dancer Jo Kreiter and Flyaway Productions are calling it, was merely an artful backdrop for an elegant aerial dance performance. Three dancers in boxes, suspended in front of the billboard, came alive like portraits caught in frames, pushing the edges of their tight parameters and the safety of their harnesses. A fourth woman, clad in shimmering red, lurched from the rooftop above the swinging frames, with graceful, raging footwork that oscillated between acquiescence and a suicide attempt. And I’d just been trying to figure out how to show my mother, visiting our dear city for the first time, that San Francisco is so much more than Fisherman’s Wharf…

The show is the first public Flyaway production since 2002, and is called the Live Billboard Project. It was conceived by Kreiter when she was driving home one day and the Top Model billboard at the intersection of Mission and 280 caught her eye. “Sequined and stripped down, they were spilling out of the garish billboard,” she wrote about the Top Models in a flyer advertising her show. “All hips, ass and titillation. Despite 40 years since The Feminine Mystique, despite the Guerilla Girls, and despite the activism of so many fed up women, the objectification of women’s bodies in public space persists.”

The free, live show premiered on Wednesday night, and ran through the weekend. It was lightly advertised because, as one organizer told me, they like the element of surprise to play a part in the experience. Don’t be sad — you didn’t totally miss it. Another round is set for this Thursday, October 12 through Saturday, October 14, with shows at 8 pm and 9:30. Schedule your BART traveling accordingly for this must-see.

Ex-pats Beware!

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by Amanda Witherell

The New York Times reported on Wednesday that software is being developed to scan overseas newspapers for content critical of the United States. You can read more here. How long do you think we have until the CIA integrates the new technology into its domestic survellience arsenal?

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)

DARK DAYS

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by Amanda Witherell

Despite the liberal signing spree that’s left most of the Dems in the state giddy with success, the guv dropped his darkened Terminator-era specs over open government by vetoing Mark Leno’s AB2927. The bill, which had unanimous approval from the House and Senate, would have improved online services for public records requests on all state agency websites, including a simple form to fill out and file electronically. It also would have allowed citizens with denied requests to appeal to the Attorney General for a review and written decision within 20 days. In a press release, Scwarzenegger said that task would be too burdensome for Lockyer’s office, and that because the Attorney General already advises state agencies who may have denied the requests, it would be a conflict of interest.

Cal Aware lawyer and open government expert Terry Franke, pointed out that anyone who read the bill would see that the Attorney General would have the right to request a 30-day extension to the response time in the case of an “unmanageable workload.” In addition, if the denial came from the Attorney General or the Department of Justice, members of the offices not involved with the original decision would be mandated to respond to the review. Also, attorney-client privilege would have trumped this bill, effectively dealing wtih the conflict of interest issue.

This bill really would have just simplified a process and added a layer of unbiased scrutiny to attempts to undermine the public’s right to know.

This is the fourth time a bill of this sort has been vetoed. Stay tuned for round five…

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

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

An explosive issue

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› amanda@sfbg.com
Do you know where your natural gas shutoff valve is? Are you going to need a wrench to turn it off? If the ground starts shaking and the ceiling is coming down on your head, are you going to be thinking about your pipes cracking and spewing high-pressure, flammable natural gas into your home?
Probably not, which is why automatic shutoff valves were developed. They trip and kill the gas flow to the pipes inside your house when seismic activity is greater than 5.2 on the Richter scale.
Right now, the city puts its faith in citizens to be ready to kill the gas if the big one hits. Not all cities agree with this policy. After the Northridge earthquake in 1994, Los Angeles passed an ordinance mandating automatic shutoff valves in all new construction and for home repairs greater than $10,000. Alameda, Contra Costa, and Marin counties have similar legislation, as do the cities of Pittsburg and Hercules. Why not earthquake-prone San Francisco?
That’s the question being explored by the city’s Department of Building Inspection (DBI). But there are other questions too: if San Francisco decides to make a policy requiring automatic shutoff valves, can they be installed more expeditiously than the 11 years and counting it has taken Los Angeles?
DBI staff, building inspection commissioners, and city officials from the Fire Department and the Office of Emergency Services held an initial Aug. 30 meeting on the issue, and though it’s too early to tell how San Francisco could mandate installation of these valves, the sentiment was that the status quo strategy of public education is not enough. The discussion also revealed some key questions about where exactly the valves can be installed, who is responsible for them, and who’s going to pay.
In San Francisco there are currently two ways the gas can be shut off when there’s a leak: either Pacific Gas and Electric Co. or the customer can do it. PG&E provides manual shutoff valves at all installations, but they can be difficult to operate, especially for a disabled or senior citizen.
PG&E officials say they don’t have a position when it comes to recommending whether automatic shutoff valves should be installed.
“Because we serve such a large, diverse customer base, our position is a neutral position. We do not support or not support installation of these devices,” PG&E’s Paul Brooks said at the meeting.
Brooks, a senior gas engineer for PG&E, said the company has manual valves for the main gas lines but confirmed that there is nothing in the system that trips automatically during an earthquake. PG&E is responsible for the health of the pipes up to where they meet the meter, after which the customer is liable.
PG&E has been replacing old pipes throughout the city with polyethylene lines, which are designed to flex more before snapping when the ground shakes. In some places, the new pipes allow for gas to be delivered faster, at a much higher pressure. That’s a problem, says Building Inspection Commission president Debra Walker, who’s concerned about the danger of higher-pressured gas being piped into people’s homes.
“We have a unique situation here in the city because of our property lines,” she told the Guardian after the meeting. In San Francisco, it’s common to construct buildings right up to the lot lines, milking every inch of property and making it necessary to put gas meters, gauges, valves, and gas pressure step-downs underneath the structure.
“A lot of these gas lines go into the building before the step-down. The problem and the risk are already in the building,” Walker said. She argues that automatic shutoff valves should be placed farther up the line and PG&E should assume some responsibility for the installation.
Only PG&E could install them. Since 2002, the California Public Utilities Commission (CPUC) has disallowed customers from installing automatic shutoff valves on the gas company’s side of the meter. Fabian Padilla, a former Southern California Gas Company employee who was at the meeting, said utilities lobbied for the prohibition to avoid liability if valves were improperly installed on the gas company’s side.
Brooks cited the CPUC’s general orders when asked whether the company could assume responsibility for installing shutoff valves on their lines and said they would have to be responsible for the valves as well. He didn’t know if that was something the company would be willing to do.
After the meeting, Padilla told us, “It’s obvious that the best way to do it is on the gas company’s side of the meter.” Padilla, who is now president of Affordable Safety Solutions Inc. (ASSI), a company that designs and distributes earthquake gas safety devices and specializes in automatic shutoff valves, thinks company-side installation is easier and more economical because the lines are smaller, the gas doesn’t have to be turned off to install the valves, and in San Francisco’s case, where the meters are under the buildings and difficult to reach, it’s easier to install them elsewhere.
Cost is the other major factor. Padilla said he offers valves and installations for $245 to his Southern California customers. The DBI estimated costs between $250 and $600 per meter, which becomes a pricey endeavor for multiple-dwelling buildings where each unit has its own meter and consequently, its own automatic shutoff valve.
It’s a cost some are concerned that landlords would defer to the tenants. A few hundred dollars for a valve may seem like a worthy investment to most homeowners, and even though your neighbors also benefit when your house doesn’t blow up, not everyone may be willing to throw down for the lifesavers.
The cost to install valves in every household could be enormous, but city officials at the meeting seemed unwilling to issue a mandate without offering some kind of financial assistance. Though it seems unlikely that PG&E would incur the costs as a good-neighbor gesture, the possibility of funding from the city’s office of emergency services or the Federal Emergency Management Agency is being considered. Officials said more research and risk assessment needed to be done, and meetings are being scheduled where the key questions of who pays, where the valves will go, and whether they will be put into widespread use before the big one may get answered.
“It’s very important that we resolve this issue,” Walker said to us after the meeting. “There are challenges around where these valves are and who will be responsible.” SFBG