News and Politics | San Francisco Bay Guardian

News & Opinion

Power and pragmatism

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steve@sfbg.com

After an epic week at City Hall, the political dynamics in San Francisco have undergone a seismic shift, with pragmatism replacing progressivism, longtime adversarial relationships morphing into close collaborations, and Chinese Americans as mayor and board president.

It was a week of surprises, starting Jan. 4 when City Administrator Ed Lee came out of nowhere to become the consensus choice for interim mayor, and ending Jan. 9 when Mayor Gavin Newsom appointed Police Chief George Gascón to be the new district attorney, Newsom’s last official act as mayor before belatedly taking his oath of office as lieutenant governor on Jan. 10.

In between, the outgoing Board of Supervisors held a special final meeting Jan. 7, at which progressive supervisors fell into line behind Lee, some of them reluctantly, and accepted the new political reality. The next day, the new Board of Supervisors took office and overwhelmingly reelected David Chiu as board president, with only the three most progressive supervisors in dissent.

After Chiu played kingmaker as the swing vote for making Lee the new mayor, the board and Mayor’s Office are likely to enjoy far closer and more cooperative relations than they’ve had in many years. And the sometimes prickly, blame-game relations between the Police Department and D.A.’s Office should also get better now that the top cop has switched sides. But what it all means for the average San Franciscan, particularly the progressive voters who created what they thought was a majority on the Board of Supervisors, is still an open question.

One thing that is clear is the ideological battles that have defined City Hall politics — what Chiu called the “oppositional politics of personality” during his closing remarks on Jan. 8 — have been moved to the back burner while the new leaders try a fresh approach.

Newsom — with his rigid fiscal conservatism and open disdain for the Board of Supervisors, particularly its progressive wing — is gone. Also leaving City Hall is Sup. Chris Daly, a passionate and calculating progressive leader whose over-the-top antics caused a popular backlash against the movement.

In a way, Newsom and Daly were perfect foils for one another, caustic adversaries who often reduced one another to two-dimensional caricatures of themselves. But they were each strongly driven by rival ideologies and political priorities, despite Newsom’s rhetorical efforts to turn “ideology” into a dirty word applied only to his opponents.

“This year represents a changing of the guard, a transition,” Chiu said, pledging to continue pushing for progressive reforms, only with a more conciliatory approach, a theme also sounded by Sups. Eric Mar and Jane Kim, who each broke with their progressive colleagues to support Chiu over rival presidential nominee Sup. John Avalos.

“I will always support policies that will make our city more equitable and just,” Kim said after being sworn in to replace Daly, although she also made a claim about the new board with which her predecessor probably wouldn’t agree: “I think we have a lot more in common than we don’t.”

With a focus on diversity and compromise, “respect and camaraderie,” Mar said, “I think this new board represents the evolution of the progressive movement in San Francisco.”

If indeed City Hall is enjoying a “Kumbaya” moment, the path to this point was marred by backroom deal-making and old-school power politics, much of it engineered by a pair of figures from the previous era who are by no means progressives: former Mayor Willie Brown and Rose Pak, head of the Chinatown Chamber of Commerce.

Pak was seated front and center — literally and figuratively — during the board’s Jan. 7 vote for Lee and its Jan. 8 vote for Chiu, following media reports that it was she and Brown who persuaded Lee to take the job and city leaders (particularly Newsom, Chiu, and outgoing Sups. Bevan Dufty and Sophie Maxwell) to give it to him.

It all seemed sneaky and unsettling to board progressives, who questioned what kind of secret deal had been cut, even as they voiced their respect for Lee’s progressive roots and long history of service to the city. The sense that something unseemly was happening was exacerbated on Jan. 4 when Dufty abandoned a pledge of support for Sheriff Michael Hennessey — who five progressive supervisors supported for interim mayor — and left the meeting to confer with the Mayor’s Office before returning to announce his support for Lee.

Sups. David Campos, Ross Mirkarimi, and Avalos pleaded with their colleagues for time to at least talk with Lee, who was traveling in China since he reportedly changed his mind about wanting the interim mayor job. Maxwell was the only Lee supporter in the 6-5 vote for delaying the interim mayor item by a few days so the supervisors could speak with Lee by phone.

Pak and other Chinatown leaders put together a strong show of force by the Chinese American community at that Jan. 7 meeting, where the board voted 10-1 for Lee, with only Daly in dissent. Afterward, some of Lee’s strongest supporters — including the Rev. Norman Fong and Gordon Chin with the Chinatown Community Development Center — admitted that the process of picking Lee was flawed.

“Part of the problem was Ed’s because he couldn’t make up his mind. The process was bad,” Fong told the Guardian after the vote. Although Fong said he knows Lee to be a strong and trustworthy progressive, he admitted that the way it went down raised questions: “Some people were concerned about who he’ll listen to.”

Specifically, the concern is that Lee will be unduly influenced Brown and Pak, who each represent corporate clients whose interests are often at odds with those of the general public. And both operate behind the scenes and play a kind of political hardball that runs contrary to progressive values on openness, inclusion, and accountability.

“If there is a phone call from Willie Brown to Rose Pak, Ed Lee is going to go along with it,” predicted a knowledgeable source who has worked closely with all three, recalling the way they did business during Brown’s mayoral administration. “There was no real discussion of issues. The fix was always in.”

But Pak insisted that there was nothing wrong with the process of selecting Lee, and that all concerns about the nomination were driven by anti-Asian racism. “You have a plantation mentality,” Pak told the Guardian as she held court in front of a crowded press box before the Jan. 8 meeting. “The Bay Guardian has never given people of color a fair shot.”

While Newsom, Chiu, and Pak-allied political consultant David Ho all insisted “there was no deal” to win support for Lee, Pak seemed to revel in the high-profile role she played, with Bay Citizen reporter Gerry Shih labeling her “boastful” in his Jan. 6 article “Behind-The-Scenes Power Politics: The Making of Ed Lee,” which ran the next day in The New York Times.

“This was finally our moment to make the first Chinese mayor of a major city,” Pak reportedly told Shih. “How could you let that slip by?”

Chiu downplayed Pak’s influence, telling the Guardian that Lee was his top choice since November, and telling his colleagues before the Jan. 7 vote, “Ed is someone who does represent our shared progressive values.” But he also made it clear that helping the city’s progressive movement wasn’t what drove his decision.

“This is a decision beyond who were are as progressives and who we are as moderates. It’s about who we are as San Franciscans,” Chiu said. “This is a historic moment for the Chinese-American community,” calling it “a community that has struggled, a community that has seen discrimination.”

The next day, shortly after being elected to a second term as board president, Chiu acknowledged the “very real differences” in ideology among the supervisors, “but leadership is about working through those differences.” Ultimately, he said, “none of us were voted into office to take positions. We were voted into office to get things done.”

Alerts

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Alerts are compiled by Nicole Dial and Jackie Andrews

alert@sfbg.com

FRIDAY, JAN. 7

 

Noam Chomsky interview

Pick the brain of linguist and author Noam Chomsky as Wild Wild West Radio hosts an interactive cyber-convo with the influential professor and political dissident. Listeners may phone in questions or chat with Chomsky online for a unique, collective experience.

3 p.m., free

Wild Wild Left Radio

www.wildwildleft.com

 

San Francisco Bike Party

The new year brings a new kind of mass bicycle ride, one a bit more civilized than Critical Mass. Join the inaugural San Francisco Bike Party, a new monthly ride that begins at AT&T Park and follows a planned route through the city, obeying most traffic laws along the way. But it will still be a rolling party, complete with a mobile sound system and three party stops for dancing and socializing along the way.

7:30 p.m., free

Giants Stadium, Willie Mays Gate

www.sfbikeparty.org

SATURDAY, JAN 8

 

Board of Supervisors swearing-in

Members of the newly elected Board of Supervisors take their oath of office, followed immediately by the election of a new board president, who could also become acting mayor once Gavin Newsom is sworn in as California’s new lieutenant governor. Or if Newsom resigns by then, the board could also directly select a new interim mayor. It promises to be high political drama under the dome.

Noon, free

Room 250, City Hall

1 Dr. Carlton B. Goodlett Dr., SF

www.sfbos.org

 

Writers with Drinks

Writers with Drinks mixes genres and authors and throws in a dash of alcohol. It’s more than just a reading series, it’s also a celebration of performers, intellectuals, and writers from all over. This month it features writers Jane Wiedlin, Ethan Watters, Jesús Ángel García, and Blake Charlton. More good news: proceeds benefit the Center for Sex and Culture. 7:30 p.m.; doors open at 6:30 p.m.

$5 to $10, sliding scale The Make Out Room 3225 22nd St., SF www.writerswithdrinks.com

SUNDAY, JAN. 9

 

Found the Free University of SF

Matt Gonzalez, Alan Kaufman, and others are forming the new Free University of San Francisco, and they want public input. Organizers ranging from political activists to poet laureates will put on a public meeting to discuss plans for the university. The Free U aims to promote free higher level education for anyone who wants it. Future plans include a weekend-long teach-in Feb. 5–-6. Come down and help promote and organize free education. 10 a.m., free Viracocha 998 Valencia, SF 415-573-5766

 

Guantánamo Means Torture

Attend a public planning meeting for the national demonstration scheduled for Jan. 11 against the continuation of Guantánamo Bay’s detention facility. World Can’t Wait hosts the meeting here in San Francisco, and then travels to Washington, D.C., with Witness Against Torture, the Center for Constitutional Rights, and other activists to demand an end to the horrors of Guantánamo. 2:30 p.m., free Mechanics Library 57 Post, 415 864 5153

sf@worldcantwait.org

The 2010 Lamebow Awards

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marke@sfbg.com

I’m sorry. I was totally going to rundown all the most drag-queen-slappingiest moments of the incredibly homo-fixated year that was 2010. But then I thought, “Wait a minute! If I know so much about the gays, doesn’t that mean people will know that I’m gay? I can’t possibly come out — I don’t even have a book deal yet! Goddess damn you, Ricky Martin, for setting the bar so high. Nor do I have a book deal AND an autobiographical country record release date! Gee thanks, Chely Wright! (But also, thank you for one-upping Ms. Martin.)”

Anyway, that was a really long thought for me. So let’s just award those two a couple of nice, shiny, Degeneres-shaped 2010 Lamebows for Best Commercial Coming Out and move on. I’m queer, I’m here, I don’t have an agent, oh well. Speaking of commercial outings, let’s lob a Lamebow, too, at Richard Chamberlain, who helped pioneer the apparently lucrative form in 2003 with his autobiography Shattered Love (!). In December, he warned famous actors to stay in the closet because of persistent Hollywood homophobia. Way to monopolize, Dicky! Also: did you know that the most flamboyant cast member of Will and Grace is light and loafy? Shocking. A Lamebow to you, Sean Hayes, for coming out this year and finally putting our frantic speculation to rest at last.

The year 2010 was also when we learned that it only took six horrific teen suicides being reported in one month to remind old gay people that there are young gay people, and that being a young gay person is pretty damn tough. I have no idea how old gay people forgot this, considering several of them must have been young once, but I suspect something involving tiny dogs and/or tribal tattoos. Our major response to deadly homophobic bullying? Just deal with it, twerps. Sure, the “It Gets Better” campaign was wonderful as a high school survivor support group, a risk-free youth outreach effort, and proof that us olds knew how to work the YouTube. But the underlying message — “Don’t bother trying to change the world. One day you can move somewhere you’ll feel normal like us!” — was awfully regressive. We didn’t even have to leave the comfort of the Internet to feel like we did a little something. Shoulder pat! Still, like the obituaries, it was a rare chance to hear non-celebrity gay people’s personal stories, so there’s that.

Finally, a big, sparkly Lamebow must be parachuted in to the numbskulls who thought repealing “don’t ask, don’t tell” was such a splendid idea. Yes, I feel sorry for people who have to lie to serve. And I’m not pissed off because now my hot gay ass can get drafted. I love Canada, it’s full of bears. No, I’m pissed because the successful repeal has probably ruined gay military porn forever. Look, there’s a very good reason why no porn is set in foofy gay bars with a tranny lipsyncing Lady Gaga in the background. Gays only like gay porn that has next to zero possibility of actual gay-acting people appearing in it. Now I have to worry that I’ll pop in my copy of Assghanistan: Taking Kabul by the Horns or Packin’ Stan: Assghanistan II and some Mary in fatigues will prance out a Katy Perry number with her bunkmates, sigh. Thanks a lot, America.

Joining the journey

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news@sfbg.com

Malcolm X once said “Tomorrow is for those who prepare for it today.” And today, Malcolm Shabazz, the eldest grandson of Malcolm X, says he is trying to carry on the storied legacy of the radical advocate for African American civil rights and leading voice for the Nation of Islam.

Shabazz, 26, was recently in San Francisco discussing that legacy, as well as his own spiritual and personal journeys, which included making the pilgrimage to Mecca for the hajj in November, a requirement for Muslims that his grandfather also undertook in 1964, the year before he was assassinated.

It was the latest chapter in a long and complicated story. At the age of 12, Shabazz started a fire in his Yonkers home that left his grandmother (Malcolm X’s wife, Betty) with burns over 80 percent of her body, which led to her death a few days later. Shabazz has spent more of his adolescence and adulthood in prisons and other institutions than in the real world.

After serving four years in juvenile correctional facilities for arson and manslaughter charges for the fire, Shabazz pleaded guilty to attempted robbery in 2002. He served three and a half years in prison for that crime and then went back to prison months after his release for punching a hole in a store window.

Although he is often portrayed in media accounts as disturbed, Shabazz seemed calm and reflective during a two-hour interview with the Guardian. A soft-spoken man with few but well-chosen words, Shabazz is not unafraid to speak his mind about the state of the country and his grandfather’s legacy.

“If you want to know anything, then go back to the source,” he told us, which is what we did, reviewing his long, twisted journey to Mecca.

As the oldest male heir to Malcolm X, Shabazz was born into a fascinating family. Media accounts have documented him as a troubled young man, shuttled back and forth among family members. Like his grandfather, he spent time on the streets and in jail. Like his grandfather, it was behind bars that he finally regained his faith and found himself fully immersed in Islam. Shabazz explains that while he was born into Islam, he finally began to fee its presence in his life during his most recent incarceration period. While quarantined in Attica Correctional Facility in New York, Shabazz explained that he “didn’t have any hygiene supplies, I didn’t have any reading materials.”

But it was during his time in Attica that he met another prisoner — half Mexican, half Iranian — who identified himself as a Shia Muslim. “He asked me ‘Are you in a lie? Or are you a real Muslim?’ ” Shabazz recalled. He answered that he was a real Muslim. “He gave me reading materials to read in my cell.”

According to Shabazz, this was the man who discussed and poured over religious texts with him during their time together, and the one who inspired him to convert from the Sunni sect to Shia.

“I was raised a Sunni, everyone in my family was Sunni,” he said. There is much antagonism between the two sects, so his conversion caused a backlash akin to when his grandfather left the Nation of Islam in 1964 and declared himself a Sunni, which let to his assassination the following year.

When word spread of Shabazz’s conversion, various Sunni leaders and community members expressed their discomfort with what he had done. He explained that many people wrote to him asking him, “How could you become a Shia?”

After his release, Shabazz decided to move to Syria to study at an Islamic institute and then spent the following eight months teaching English to children. “I came home from prison [and] I wanted to get away for a little while,” he explained.

After arriving back from Syria in April, Shabazz went to Miami and worked on his memoirs, which he said are due to come out this May. The book discusses Shabazz’s life and tribulations, noting that “there are misconceptions that I would like to clear up.”

Once he returned to the United States, Shabazz decided to follow his grandfather’s footsteps and make the pilgrimage to Mecca, where, he said “the air felt different.” But he also explained how the people he saw on the pilgrimage seemed less willing to impose their rules on Americans.

“It seems like they have more fear [of] Americans than they do for Allah,” he said. “If they know you’re American, I don’t know what it is, but they leave you alone.”

Shabazz said he had the experience of a lifetime and proved his intense vigor for the Islamic faith. He circled the Kaa’ba, and despite swollen feet and a bad case of the flu, carried on his pilgrimage like a true believer. “I never saw this many people at one place at one time. It was much more of a struggle than I had anticipated,” he said. “But everything was earned.”

Decades before, his grandfather Malcolm X made his mark on American culture, taking a radical approach to demanding equal rights. When asked if his grandfather would admire President Barack Obama if he were alive today, Shabazz replied, “Definitely not. To me, Obama is no different than [George W.] Bush.”

He said that democracy in this country is a sham, an illusion effectively perpetuated by the ruling elite. “The U.S. is a land of smoke and mirrors, and they’re the best at doing what they do,” he said. “My grandfather? Hah. He wouldn’t have supported any of those dudes.”

Although Shabazz doesn’t particularly admire Obama so far, he does hope that the election of the first African-American president will “boost the esteem of the young black youth.” And he said that the messages of Malcolm X are more important today than ever.

“My grandfather once stated that there are only two types of power that are respected within the United States of America — economic power and political power — and he went on to explain how social power derives from these two. Unfortunately, the majority of the people [today] are economically illiterate and politically naive. They believe most of what they see on television and read in the papers. I say believe half of what you see, and none of what you hear.”

For his own personal politics, Shabazz said change begins with education and unity. “[Education] could be done through music, spoken word poetry, art, preaching from the pulpit, or putting in physical work right in the trenches,” Shabazz said.

In terms of unity, he cited the European Union, explaining that it is an organization “where nations that don’t necessarily like each other [but] have at least enough common sense to come together for a cause, to achieve a common goal, or to stand up against a common enemy. When it’s time to put niggers in check, they know how to come together.”

Almost 10 years after the 9/11 attacks, Shabazz sees growing potential for Islam to exert an influence in the U.S. “After 9/11, a lot of people did not know too much [about Islam]. But they started to investigate and learn more.”

Although many people’s first reaction was to turn away from the religion of jihad, Shabazz feels that many people also felt the need to educate themselves on the matter — and found that there is much more to Islam than the mainstream media portrays. And for a young man who has already led a turbulent life, Shabazz is seeking something basic from his newfound faith: “I want a peace of mind.”

Editor’s Notes

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tredmond@sfbg.com

Social inequality is morally wrong, politically dumb, and economically unsustainable. It also makes you fat.

Seriously.

There’s a book by two British epidemiologists that argues the physical and mental health case for economic equality — and it’s full of great stuff. It’s a year old, but I read a nice analysis of it in Nicholas Kristof’s column in the Jan. 2 New York Times. Kristof notes that Richard Wilkinson and Kate Pickett, both British epidemiologists, cited vast and growing evidence that societies with greater equality are in general more healthy. And by that they mean not only that those societies have less crime and violence; the people who live with greater equality actually have less heart disease, mental illness, and obesity.

The book is called The Spirit Level: Why Greater Equality Makes Societies Stronger. A lot of it’s kind of touchy-feeley, but in the end, they come to a scientific conclusion: “The relationships between inequality and poor health and social problems are too strong to be attributable to chance.”

The two scientists also take on one of the great taboos of modern economics. They argue that growth isn’t necessarily good, that the standard goal of every official government policy in every major nation in the world — capitalist, socialist, or communist — over at least the past half-century, has been based on a flawed assumption.

There aren’t even that many progressives in this country who want to challenge the idea that the economy needs to grow to solve problems like unemployment and poverty. Sim Van Der Ryn, the visionary planner and architect, once told me that it makes no sense to have “a perpetually adolescent economy.” But in most polite company, that’s heresy.

But our new governor, who once employed Van Der Ryn as the director of the Office of Appropriate Technology, has a few heretical cells in his Jesuit-trained brain. And while I don’t expect him to turn the state’s growth frenzy on its head, he ought to be willing to think about this:

The solution to California’s problems may lie more with redistributing the pie than with making it larger.

I’m not arguing that we should abandon growth, particularly at a time of high unemployment. But keep in mind: corporate profits are already up, both here and nationwide — but the big companies are hoarding their cash and not hiring. Banks are making money again — but they’re not lending it out. We’re in a different sort of recovery here, one that may, for the moment, be structurally jobless. During the deep recession, businesses figured out how to survive with fewer employees, and they’re not about to start expanding the payroll.

And of course, the public sector has done nothing but shrink, and there’s little talk of anything but more shrinking.

So maybe the only way we’re going to get out of this is to inject more money into the economy, not by borrowing but by sending some of the idle wealth at the top back down to the level where it might become production. It might make us all a lot healthier. Because it turns out that you don’t have to eat the rich; just tax them.

How Brown can save California

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EDITORIAL There are two things Gov. Jerry Brown has to do to get California back on track, and he needs to start right away. He has to restore at least a degree of public faith in state government — and he has to put a series of tax increases on the June ballot.

The first step ought to be right in the Brown playbook. The public is fed up with the secrecy, lies, machinations, and policy failures of the Schwarzenegger administration, and Brown can start off by telling people the truth. The budget situation is frightening; it can’t all be solved by cuts without destroying the state of California as we know it. But it also requires an understanding that the taxpayers don’t want to see their money wasted.

Brown has done the right thing by offering to cut his own staff by 25 percent and by denouncing the demands of the highest-paid University of California staffers who want even larger pensions. He might also take a look at some of the outmoded, expensive commissions in the state (do we really need a 21-member California Film Commission?) None of these are big money-savers, and none address the budget crisis in any meaningful way. But they’ll show that Brown’s cautious with a buck.

Then he needs to tell the voters that the state does, indeed, have a revenue problem, not just a spending problem. And he should start right away with a blue-ribbon panel of tax experts to look at what reforms ought to go on the June ballot.

It’s crazy to say that solving a $28 billion budget shortfall is easy, but a few basic changes could go a very long way to balancing the books. If the voters approve an oil severance tax (something every other oil-producing state in the nation has), an end to the commercial property loophole in Prop. 13, and the restoration of the vehicle license fee that Arnold Schwarzenegger abolished, the state would be about $10 billion richer. A modest increase in the income tax on the very richest Californians would add a few billion more. And suddenly the problem wouldn’t look so insurmountable.

Brown has an advantage: he’s taking over for a terribly unpopular governor. He will be able to work with a Legislature that now has the ability to pass a budget with a simple majority. And while his victory in November was hardly a landslide, it was substantial enough that he’s got a valid mandate for change.

He and the legislative leaders should adopt a budget that includes the expected revenue from a June tax package — and then offer an alternative budget that doesn’t. Give the voters a clear choice. Do they want to eliminate hundreds of public schools, raise elementary school class sizes to 40, shut down a couple of University of California campuses, shutter the state parks, and let 30,000 prisoners go free? Of do they want the oil companies and the richest Californians to pay a little bit more to keep the state functioning?

Brown can make history this spring. The passage of Prop. 13, during his last term as governor, set off a nationwide tax-cutting frenzy that’s damaged the entire country. By pushing back just a little bit, and demanding a little bit of tax fairness, he can demonstrate that California is still a leader in progressive public policy.

He’ll have to put his political capital, his credibility, and all the money he can raise behind the effort. If he doesn’t, his administration, and the state, will be a total failure.

Out with the old

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On the chilly morning of Dec. 21, a crowd of prominent local and state figures huddled in an industrial parking lot overlooking the brick smokestack of the Potrero power plant, which has been in operation for more than 40 years. It was the winter solstice, the morning after a lunar eclipse, and an historic environmental moment for San Francisco.

A longstanding battle to shut down the aging, polluting power plant was finally coming to an end, and it would be effectively shuttered as the calendar flipped to the new year. Although the past decade had been marked by political infighting and a relentless push to persuade the California Independent System Operator (CAISO) to shut it down sooner, the tone that day was buoyant as people made the rounds, embracing one another and offering congratulations and thanks.

Among those who lined up before the media were Mayor Gavin Newsom, who will be sworn in as lieutenant governor in early 2011; Sup. Sophie Maxwell, whose 10 years on the Board of Supervisors is coming to a close; City Attorney Dennis Herrera, who’s thrown his hat into the mayoral race; and San Francisco Public Utilities Commission General Manager Ed Harrington, whose name has been floated as a contender for interim mayor.

Each of these local politicians played a role in the contentious battle to close the plant, and each candidly admitted that shouting matches on the subject had erupted over the years. Yet they all expressed thanks to one another and to community members in the Potrero Hill, Dogpatch, and Bayview/Hunters Point neighborhoods, where residents were most directly affected by the noxious air pollution generated by the plant.

“They say it takes a village to raise a child. Well, it takes a state and a city to close this power plant,” said Maxwell, whose District 10 includes the neighborhoods affected by the power plant. “I started working on these plants when I took office, and now the plants are leaving with me.” Maxwell was credited with displaying dogged persistence and playing an instrumental role in pushing for the shutdown the plant.

“There were a lot of phone calls, there were a lot of arguments, there were a lot of disputes. But the fact of the matter is that everybody was focused on the same goal — and that was getting this plant shut down,” said Herrera, who has also been a key player in the decade-long fight to shut down the plant.

Newsom sounded a similar note. “I want to compliment everybody for their steadfastness and their devotion to this process,” the mayor said. “We didn’t always necessarily agree.”

Joshua Arce, who worked with community members to shut down the plant as part of his work with the Brightline Defense Project, was clearly pleased by the announcement. “It’s a fantastic day. We’re at last going to see the billowing smokestack come down, and for good,” Arce said.

The shutdown finally came to pass because the CalISO, which regulates the state power grid, was willing to accept new energy system upgrades as sufficiently reliable. For years, despite the community’s insistence that the plant was having an unacceptable impact on public health and disproportionately affected low-income communities of color, CalISO refused to terminate a contract requiring the plant to stay in operation for grid-reliability purposes.

However, new pieces to the city’s energy puzzle were recently fitted into place. The Trans Bay Cable, a 53-mile submarine power line that can transmit 400 megawatts of electricity from a Pittsburg generating station to San Francisco, became fully operational Nov. 23, months behind schedule. Meanwhile, a Pacific Gas & Electric Co. re-cabling project deemed important to San Francisco’s electricity reliability was completed Dec. 5.

“This plant has been part of the reliable supply for San Francisco … for a long time. And more recently, it actually provided the security for San Francisco should anything happen outside of San Francisco,” Yakout Mansour, president and CEO of the CalISO said during the shutdown ceremony. “But the time is here to replace the plant with an alternative to make the city more secure and reliable with much less polluting options.”

The CalISO issued a letter to the plant owner, which recently merged with another company and changed its name from Mirant to GenOn, stating that the must-run agreement would be terminated effective Jan. 1. The date of the final termination is Feb. 28, pending approval from the Federal Energy Regulatory Commission (FERC).

Now the major question is what will become of the power plant site, a vast strip of industrial real estate wedged between Illinois Street and the waterfront. “Many ideas have been thrown out there. People have come to us and said everything from office and industrial and research and development, to wind turbines,” noted Sam Lauter, a local spokesperson for GenOn. Lauter noted that community meetings would be held soon to discuss the future site use.

The site was previously owned by PG&E, and the utility is responsible for cleaning up lingering toxic residue including lampblack, a byproduct of coal processing, left behind when PG&E sold the site. Because of the pollution, residential units cannot legally be constructed on the site, even after cleanup.

There is one unfortunate consequence to shuttering the plant. According to plant manager Mike Montany, five or six of the 28 employees of the plant will lose their jobs. The rest will either retire or go to work at a new facility, he said.

While San Francisco will be poised to ring in the new year with improved air quality thanks to the elimination of its last polluting energy facility, residents of the area where the city’s power will now be sourced from won’t be so lucky. They are faced with the construction of two new power plants. The undersea Trans Bay Cable will run from the PG&E’s substation in San Francisco — a humming network of cables and transformers located beside the power plant that will stay put after the shutdown — to a generating station in Pittsburg, located in the delta near the confluence of the Sacramento and San Joaquin rivers.

GenOn owns the Pittsburg power plant, and it recently held a groundbreaking ceremony for a new power plant in neighboring Antioch, called Marsh Landing. At the same time, the California Public Utilities Commission (CPUC) recently gave the green light for another new power plant in that area. The $1.5 billion PG&E facility would be located in Oakley, which borders Antioch. It won commission approval Dec. 16, despite an earlier decision rejecting the proposal.

The plans for new power plants were approved just after the conclusion of an important United Nations convention on Climate Change in Cancún, Mexico, and amid news reports highlighting scientists’ conclusion that polar bears have a shot at survival only if serious efforts are taken to reduce greenhouse gas emissions. While the cheerful ceremony to shut down the Potrero power plant was a satisfying conclusion to a long battle, there’s a long road yet ahead in the overarching struggle against climate change.

Alerts

0

steve@sfbg.com

FRIDAY, DEC. 31

 

Critical Mass

Pedal your way toward a strong finish of 2010 by taking part in Critical Mass, a monthly San Francisco tradition for more than 15 years. As always, this leaderless group bicycle ride follows no set route and obeys no traffic laws or authorities, except yielding to pedestrians and emergency vehicles. This month, a group of anarchists (marked with black flags or other variations on that theme) plans to end up in the Mission District liberating a public space for a DIY New Year’s Eve celebration, so look out for that if that’s your bag.

6 p.m., free

departs from Justin Herman Plaza

Market and Embarcadero, SF

www.sfcriticalmass.org

MONDAY, JAN. 3

 

The next mayor?

In order to finally facilitate a public discussion of who San Francisco’s next mayor should be and how the prospective nominees would run the city, the Harvey Milk LGBT Democratic Club is sponsoring a forum for mayoral hopefuls. Club members have been concerned about the lack of public process for replacing Mayor Gavin Newsom (see “Mayoral dynamics,” Dec. 22), so they’ve invited the top candidates — including former Mayor Art Agnos, Sheriff Michael Hennessey, SFPUC head Ed Harrington, and others — to share their vision for 2011 and beyond. The event is cosponsored by SEIU Local 1021 and moderated by Guardian Executive Editor Tim Redmond.

6 p.m., free

SF LGBT Center

1800 Market, SF

www.milkclub.org

TUESDAY, JAN. 4

 

Newsom’s last stand

Join the outgoing San Francisco Board of Supervisors for its final scheduled meeting — and the final opportunity for the current board to select Mayor Gavin Newsom’s successor before the newly elected board takes over Jan. 8. At press time, Newsom was still threatening to delay his Jan. 3 swearing-in as California’s new lieutenant governor to prevent the current board from replacing him, so come see how that drama plays out and weigh in with your thoughts.

2 p.m., free

Room 250, City Hall

1 Dr. Carlton B. Goodlett Dr., SF

www.sfbos.org

WED. JAN. 5

 

Chris Daly Roast

We don’t usually list events for the following week’s paper, but this is one that lovers and haters of outgoing Sup. Chris Daly — which pretty much describes most San Franciscans — will want to mark on their calendars. The classic roast features John Burton, Aaron Peskin, Carolyn Tyler, and Dan Noyes, with Mistresses of Ceremonies Melissa Griffin and Beth Spotswood.

8 p.m., $20 (benefits St. James Infirmary ), or $5 after 10 p.m.

The Independent

628 Divisadero, SF.

Mail items for Alerts to the Guardian Building, 135 Mississippi St., SF, CA 94107; fax to (415) 437-3658; or e-mail alert@sfbg.com. Please include a contact telephone number. Items must be received at least one week prior to the publication date.

 

Trash talk

0

sarah@sfbg.com

The fate of the city’s mountains of garbage — 1,400 tons a day — will be decided some time in the next few months. Maybe.

Two competing proposals for hauling away the trash have been up for consideration since last spring. But the San Francisco Board of Supervisors still doesn’t seem to know which alternative is better, and the board still hasn’t scheduled a hearing on the issue.

Waste Management Inc. has the current contract and trucks waste to the Altamont landfill. Recology now wants to ship the garbage by rail three times as far away, to the company’s Ostrom Road landfill in Yuba County (“A Tale of Two Landfills,” 06/15/10).

David Assmann, deputy director of San Francisco’s Department of the Environment told the Guardian that his department asked for a hearing in October on its proposal to award the contract to Recology when the city’s contract at Altamont landfill expires in 2015.

“But that hearing request got delayed,” Assmann said. “With a new board, new committees, and maybe new chairs of committees coming in January, I’m not sure when the hearing will take place,” he added. “But I’d be surprised if it’s before Jan. 15.”

Sup. David Campos told the Guardian he still has many questions about the contract. “I don’t know if it’s the correct way to go at this point,” he said. “I’m trying to figure it out.”

That sentiment seems to be shared by Sups. John Avalos and Eric Mar, who took a road trip earlier this year to see both landfills. And some local waste management experts have suggested that Recology’s plan would be greener if the city barged its trash to Oakland, then loaded it onto trains, instead of driving it across the Bay Bridge.

Assmann acknowledged that the barging question keeps coming up, but said would be cost prohibitive since trash would have to be loaded and unloaded both sides of the bay. “It would be horrendously expensive, so it’s not a likely option unless folks want their rates to go up dramatically.”

And now Yuba County officials are rethinking how much to charge the city to dump it waste in their rural county’s backyard. Yuba County Supervisor Roger Abe told the Guardian his board has asked the county administrator to look into the process for raising disposal fees at Ostrom Road.

“We’re supposed to receive a report on that, plus parameters on what you can change,” Abe said, noting that fees at Ostrom Road were set at $4.40 per ton in 1996. “So it’s a 14-year-old fee. Clearly, the cost of living is a lot higher now. And when the landfill was established, it was only serving Yuba County. But now it’s being touted as a regional landfill, an approach that is depleting our county’s ability to dispose of its own trash. So if people outside the county are using our landfill, they should be paying more.”

But Assmann doesn’t think the rate hikes would torpedo the city’s plan. “Whichever one of the two landfills is chosen can always opt to raise fees. But that would also impact the fees of local residents, so it’s a self-inhibiting factor,” he said.

“And who knows the implications of Prop. 26 on this,” he continued, referring to the statewide proposition voters approved in November that requires a two-thirds supermajority vote in the state Legislature and at the ballot box in local communities to pass fees, levies, charges, and tax revenue allocations that previously could be enacted with a simple majority vote.

“But even if the fees double in Yuba County, they’ll still be less expensive that at Altamont,” he said. “So our recommendation is to go forward with the Ostrom Road landfill proposal.”

Abe agreed that Prop. 26 could have an impact on the fee-raising process. “But I find it difficult to believe that Yuba County would have a problem raising fees on out of town garbage,” he said. “If I had a choice, I’d say no to Recology. But if it’s coming anyway, I know that $4.40 per ton is not going to be sufficient compensation — and this county is desperate for funds.”

DoE director Melanie Nutter has claimed the Recology contract is environmentally friendlier and could save ratepayers $125 million over the life of the contract. “This is a good deal for San Francisco and for the environment,” Nutter stated when DoE was pushing for a board hearing in October. “Ostrom Road is a state-of-the-art facility that employs industry best practices, and the price is dramatically lower than the competition. This will help us maintain reasonable refuse collection costs as we move toward zero waste.”

The landfill disposal contract is for 5 million tons or 10 years, whichever comes first. DoE predicts that this amount will decrease in the coming years because of prior success in waste prevention, recycling, and composting programs. San Francisco already recycles 77 percent of its waste stream, the highest diversion rate of any city nationwide.

But Abe notes that Waste Management proposes to use methane generated from trash disposed at its Altamont landfill to power its liquid natural gas trucks. “I can’t see how using trains would be greener,” he said.

Recology spokesperson Adam Alberti has told the Guardian that Recology’s waste disposal contract was environmentally superior, in part because San Francisco has mandatory composting legislation that reduces the amount of decomposing organics, a major source of greenhouse gas emissions, being sent to landfills. But Irene Creps, who has homes in San Francisco and Yuba County, pointed out that not all municipalities disposing trash at Ostrom Road have mandatory composting laws, which means the landfill will continue to generate methane. “A lot of places around here only have a black bin,” Creps said.

Meanwhile, Waste Management has threatened legal action if San Francisco awards the contract to Recology, alleging that Recology’s bid was procured under flawed and potentially unlawful application of administrative rules. In a Nov. 9, 2010 letter, WM’s Bay Area Vice President Barry Skolnick urged San Francisco’s Board of Supervisors to “reject the award to Recology and avoid entering into a high-priced 10-year contract that is not even necessary until 2015, at the earliest, and to apply the procurement process to all qualified bidders fairly and consistently, as the law requires.”

The local trash controversy continues as a grassroots movement to stop Recology from expanding at the Jungo Road Landfill in Humboldt County, Nev., won an interim round. At a Dec. 20 meeting, Humboldt County commissioners voted 4-1 to reject a proposed settlement agreement with Recology that would have allowed the landfill to continue.

RCV lessons for the SF mayor’s race

12

OPINION Elections using ranked choice voting (RCV) in both San Francisco and Oakland contain important lessons for the upcoming SF mayoral election. Rather than rely on traditional endorsements and funding advantages, winning candidates need to get out in the community, meet people, and build coalitions.

Jean Quan became the first Asian American woman elected mayor of a major city by coming from behind to beat the favorite, former state Senate president and powerbroker Don Perata. Perata outspent her five to one, but Quan countered by attending far more community meetings, forums, and house parties. She would knock on the door of a voter with an opponent’s yard sign and say, “I know I’m not your first choice, but please make me your second or third choice.”

She also reached out to her progressive opponents, especially Rebecca Kaplan, saying, “In case I don’t win, I think Rebecca should be your second choice.” As a result, Quan received three times more runoff rankings from the supporters of Kaplan, who finished third, than Perata did. That propelled Quan to victory.

Perata, meanwhile, used the traditional front-runner strategy of spending more money. His campaign never figured out that he needed to seek the second and third rankings from the supporters of other candidates by finding common ground.

A similar story also played out in SF’s supervisorial Districts 2 and 10. In those races, victors also won by coming from behind and picking up more second and third rankings from other candidates’ supporters.

In D10, some people seem to think that winner Malia Cohen wasn’t a strong candidate because she wasn’t one of the top-two finishers in first rankings. But this reflects a misunderstanding of this race’s dynamics. In the final results, Cohen finished third in first rankings (not fourth, as the early results showed), yet she was only five votes behind Tony Kelly for second place and only 53 votes behind Lynette Sweet in first place.

So Cohen was as much a front-runner as either Kelly or Sweet in an extremely close race with 22 candidates. She prevailed by picking up more second and third rankings from other candidates’ supporters, resulting in an African American candidate winning this traditionally black district.

Note that if D10 had used San Francisco’s old December runoff, the voter turnout would have plummeted from the high of a November gubernatorial race, and the winner would have won with a handful of votes. The RCV system worked to pick the candidate preferred by the most voters in a single November election.

In D2, fiscal conservative Mark Farrell beat the progressive’s choice, Janet Reilly. But this district is not a progressive one, and that’s supposed to be one of the benefits of district elections (which was a progressive reform), i.e. each district is able to elect its own representative who conforms to the majority of its district instead of what Big Money interests want. Unfortunately, that also means a progressive candidate probably won’t win a nonprogressive district. Farrell built an effort that attracted more second and third rankings from other candidates’ supporters, allowing him to come from a point behind to win a close race.

That’s the way you win with RCV. With no clear frontrunner, the candidate who can draw significant numbers of second and third rankings is most likely to win. In our overly adversarial, winner-take-all society, the incentives of RCV to find common ground and build coalitions with ranked ballots is a relief for most voters. Mayoral candidates should take note. 

Steven Hill is author of 10 Steps to Repair American Democracy (www.10Steps.net), Europe’s Promise (www.EuropesPromise.org) and other books, opeds, and articles. Visit his website at www.Steven-Hill.com.

Deportation hotel

1

By David Bacon

news@sfbg.com

MEXICALI, Mexico — Last year, almost 400,000 people were deported from the United States. That’s the largest wave of deportations in U.S. history, even larger than the notorious Operation Wetback of the 1950s, or the mass deportations during the Great Depression.

Often the Border Patrol empties buses of deportees at the border gates of cities like Mexicali in the middle of the night, pushing people through at a time when nothing is open and no services are available to provide them with food or shelter. Most deportees are young people. They had no money in their pockets coming to the United States, and have nothing when they return to Mexico.

These are invisible people. In the wave of anti-immigrant hysteria gripping the United States, no one asks what happens to the deportees once they’re sent back to Mexico.

In Mexicali, a group of deportees and migrant rights activists have taken over an old abandoned hotel, formerly the Hotel Centenario (or Hundred Year Hotel). They’ve renamed it the Hotel Migrante, or the Migrant Hotel. Just a block from the border crossing, it gives people deported from the United States a place to sleep and food to eat for a few days before they go home or try to cross the border again. The government gives it nothing. Border Angels, the U.S.-based immigrant rights group, provides what little support the hotel gets. A cooperative of deportees cooks the food and works on fixing the building.

During the winter, about 50 or 60 people live in the hotel at any given time, while five or six more knock on its doors every night. Last summer, at the peak of the season when people try to cross the border looking for work, the number of deportees seeking shelter at the hotel rose to more than 300. “A lot of people get hurt trying to walk through the mountains around Mexicali,” says Benjamin Campista, a cooperative member. “It’s very cold there now, and when they get caught and deported, many are just wearing a T-shirt and tennis shoes. Some get sick — those we take to the hospital. The rest stay here a few days until their family can send them money to get home, or until they decide to try to cross again.”

Border Angels and the hotel collective agreed to pay the landlord 11,000 pesos a month in rent (about $900), but they’re already six months behind. Every day hotel residents go out to the long lines of people waiting to cross through the garita (the legal border crossing). They ask for money to support the hotel, and each resident gets to keep half of what he or she is given. The other half goes mostly for food for the evening meal. Deportees have plenty of time to explain their situation to people standing in line, since on a recent afternoon the wait to get through the garita was two hours.

Every day Campista hears deportees tell their stories. “Three brothers stayed here last summer, before they tried to cross. A month later, one came back. I saw him on the roof, crying as he looked at the mountains where the other two had died from the heat. A woman came here with her two-month-old baby. Her husband had died in the desert too.”

“We’re human beings!” Campista exclaims. “We’re just going north to try to work. Why should we die for this? Our governments should end these violations of human rights. Then our hotel wouldn’t even be necessary.”

David Bacon is the author of Illegal People — How Globalization Creates Migration and Criminalizes Immigrants (Beacon Press, 2008) and Communities Without Borders (Cornell University/ILR Press, 2006)

 

Editor’s Notes

0

tredmond@sfbg.com

Art Agnos spent six terms in the California Assembly and four years as mayor; he doesn’t need my political advice. But I gave it to him anyway the last time I saw him, when he expressed an interest in serving out the remainder of Gavin Newsom’s term.

Agnos and I were not close when he was running San Francisco; the Guardian supported him strongly for the job, but we were quickly disillusioned, not just by his nearly instant sellout to Pacific Gas and Electric Co., but by his apparent disdain for public process. But now he’s retired, and living on Potrero Hill near the Guardian office, and I see him on the streets when I’m going to buy lunch at Hazel’s and he’s walking his dog, and we have pleasant chats about politics. He’s mellowed. At 72, he seems to have a bit more perspective on what he did right — and wrong.

At any rate, when he told me that he’d be willing to serve as a caretaker mayor — and I got a sense that he’d actually like to do it — I told him this: you can’t just talk to me and a few supervisors. You want to be mayor of San Francisco, even for 11 months, you have to go out and talk to the people who spend their lives trying to make this a better place. The same goes for Ed Harrington, Mike Hennessey, and anyone else who wants the job.

Here’s the odd thing about the next mayor: For better or for worse, the person who takes over whenever Newsom finally decides to go to Sacramento will be directly accountable only six supervisors (or seven or eight, in the unlikely event that anyone gets that kind of majority). If the interim mayor is really a caretaker and never seeks reelection, it’s possible that the voters and the activist groups that define San Francisco won’t be part of the next administration’s political calculus.

And that would be a mistake.

The progressive movement in San Francisco is much stronger and more organized than it was when Agnos first ran for mayor in 1987. And if the progressive majority on the board chooses a mayor, there will be high expectations — not just for policy, but for openness and inclusiveness. After being shut out for seven years, a whole lot of people are going to want to be able to walk into the Mayor’s Office and feel welcome.

And that process starts now.

There are all kinds of arcane state laws that limit the ability of the current or incoming supervisors to campaign for the mayor’s job. But we already know who they are — they’ve been campaigning and meeting with groups and constituents regularly over the past couple of years. Not so with the outside candidates.

What mix of new revenue and cuts would Harrington seek to balance the budget? How would Hennessey address pension reform? Where’s Agnos on implementing community choice aggregation? I’m not the only one who wants to know.

There’s this ethos among these guys that it’s unseemly to be trying too hard to get the job, that it’s better to sit back and be asked — and part of that is the reality that it’s going to suck trying to balance the city’s books, and it won’t be a fun 11 months, and some of them would just as soon not bother. But there’s no shame in wanting to be mayor, or interim mayor. If you want it, say so — and tell us all what you’d do.

I’m moderating a Harvey Milk Club panel discussion Jan. 3 and all the prospective candidates are invited. The least any potential mayor can do is show up and answer questions.

Get out of the way, Mr. Mayor

4

EDITORIAL Let us begin with the obvious: Mayor Gavin Newsom has absolutely no business deciding who should replace him. His petulant statements suggesting that he will delay taking office as lieutenant governor until the supervisors pick a candidate he likes are an embarrassment to the city. If he actually refuses to take the oath of office Jan. 3, when his term in Sacramento begins, it will damage his reputation and political career.

Newsom knew when he decided to seek higher office that he’d be leaving the city early if he won. He knew that under the City Charter, the Board of Supervisors would choose a new mayor. He knew that a progressive majority on the board was likely to elect someone whose political views differ from his. If he didn’t want that to happen, he should have stayed in town and finished his term.

Instead, his ambition and ego drove him to Sacramento, and he needs to accept that he is now out of the process. He should publicly agree to follow the state Constitution and join Governor-elect Jerry Brown for a timely swearing-in ceremony. Meanwhile, the supervisors need to make it very clear that they won’t accept this sort of political blackmail and will choose the next mayor on their own terms.

There’s only one more regularly scheduled meeting of the current board, on Tuesday, Jan. 4, the day after Newsom’s term as lieutenant governor begins. It’s unfortunate that the progressive majority on the board hasn’t been able to find a consensus candidate, and it’s appearing more and more likely that the next mayor will be a short-termer, a caretaker who agrees to fill out Newsom’s term. We’ve consistently argued that Newsom’s successor ought to be someone who can run for a full term in November, but there’s certainly a case to be made for the right person to take on the job for just 11 months. A progressive caretaker could fire all the failed managers left over (at high salaries) from Newsom’s tenure and make cuts to sacred cows like the police and fire departments without worrying about reelection. We’d still rather see a candidate with the courage and skill to make the tough choices and run in November on that record. But if that’s not possible, it’s important that an interim mayor be chosen carefully.

It’s also important that the progressive supervisors consider the long-term implications of their choice: If the next mayor only serves out Newsom’s remaining time, who’s going to run in November — and what will the interim mayor do to promote the prospects of a progressive candidate?

A number of names are floating around as possible caretakers, and several would do at least an adequate and perhaps an exceptional job. Former Board President Aaron Peskin has brilliant political instincts and knows how to run the city; he’s let us down on a few votes, but would work well with the progressive board majority. Sheriff Mike Hennessey is popular with the voters and has good progressive credentials (other than the move to privatize jail health services, which makes him somewhat unpalatable to labor), but he’s never faced anything resembling the political nightmare of the city’s current fiscal crisis. Sup. Ross Mirkarimi has a great legislative record and has hinted that he’d consider the job, but he still has two years to go as supervisor and would have to give up his seat and put his political career on hold. Former Mayor Art Agnos is the only one on the list who’s actually run the city at a time of crisis and would certainly be willing to make the tough decisions. If he could run an open office and listen to a diverse constituency, he might make up for the mistakes he made his first time in the job.

None of these candidates could do the job alone — and if they want to serve a short term as mayor, they need to start talking openly about it, explaining what their plans would be and give San Franciscans (and not just six supervisors) a reason to support them.

Alerts

0

news@sfbg.com

WEDNESDAY, DEC. 22

Floyd Westerman Retrospective

You may remember him for his role in “Dances with Wolves” as Chief Ten Bears and as a country western singer/songwriter. But Floyd Westerman, a.k.a. Red Crow, was also an outspoken activist for Native Americans and the environment. A new documentary by Steve Jacobson explores his later life and activism. Along with the film, there will also be a social hour at 6:30 and a discussion following the film.

7:30–9:30 p.m., $5 suggested donation

Humanist Hall

390 27th St., Oakl.

510-681-8699

Real Mercantile Holiday Bazaar

If you still have some holiday shopping to do and just can’t summon the will to hit the stores or feed the machine, you can get some great stuff while supporting the local arts community and underground economy at the Real Mercantile Holiday Bazaar. held at arts impresario Chicken John spacious home and performance space. Homemade gifts and food are all available in a festive and very San Francisco atmosphere.

5–9 p.m., free

Chez Poulet

3359 Cesar Chavez, SF

www.therealmerchantile.com

THURSDAY, DEC. 23

Festivus 2010

San Francisco’s legendary Sisters of Perpetual Indulgence and pot activist Ed Rosenthal’s Green Aid unite to present a night of fundraising for the Medical Marijuana Legal Defense and Education Fund. The bash features an airing of grievances, feats of strength, the annual meeting of Dessert First Club, and live music and entertainment including The Phat Fly Girls and burlesque. Creative dress and cross-dressing encouraged.

7:30–11:30 p.m., $50 presale, $60 at door

SomArts

925 Brannan, SF

415-515-7483

SUNDAY, DEC 26

Get Your Spawn On

Join Brent Plater on a stroll through Muir Woods National Monument to learn more about coho and steelhead salmon and how to help them survive. The walk also features a search for endangered salmon in Redwood Creek. Make sure to wear something warm and bring your hiking boots.

10–12 p.m., free with RSVP

Meet at the Dipsea Trail trailhead

Muir Woods National Monument, Mill Valley

www.wildequity.org/events/3166

TUESDAY, DEC 28

Castro Queer-in

Join concerned local resident ins protesting the recently passed sit/lie ordinance more formally known as Proposition L. Bring out any and all musical instruments, games, food to share, face-painting kits, and any items to barter. Everyone will gather outside of Harvey Milk’s former camera store.

Noon–2 p.m., Free

575 Castro

Mail items for Alerts to the Guardian Building, 135 Mississippi St., SF, CA 94107; fax to (415) 437-3658; or e-mail alert@sfbg.com. Please include a contact telephone number. Items must be received at least one week prior to the publication date.

Homelessness: Newsom’s real legacy

4

OPINION His voice tinged with modest pride, Gavin Newsom recently announced that he has housed 12,000 people since becoming mayor. This is an absurdly high number, four times larger then any street count of homeless people since he has been in office, but it’s been accepted by the media and public.

Homelessness has been a key issue for Newsom. He first got elected in large part by taking it on, and has been celebrated in some quarters as a champion for homeless people.

But digging behind the veneer, removing bus tickets out of town, permanent housing his predecessor, Willie Brown, created, and temporary stays and duplication, there are 1,395 permanently affordable housing units that Newsom can truly take credit for. More frequently his administration has housed people (fewer then 2,000) by leasing residential hotel rooms from slumlords and charging homeless people unaffordable rents to live there.

Only 14 percent of the units have been for families, although they make up 40 percent of the homeless population.

Newsom put three different initiatives on the ballot that have spurred hatred against homeless people. His signature operation was mixing kindness with punishment. This way, he wooed conservatives who saw through the camouflage, and liberals who did not.

Care Not Cash was the first measure. That campaign focused on accusing homeless welfare recipients of spending all their money on booze and drugs. The proponents claimed they would take public assistance away, in return for housing and treatment. The treatment part never came to fruition, and of course proponents never mentioned they were counting shelter as housing.

Care Not Cash catapulted Newsom into the limelight. His self-deprecating charm conveyed the message: “The status quo simply isn’t working.” In the end, benefits were slashed and perpetual shelter vacancies were created while shelter-seekers were turned away. Food lines exploded.

Newsom could have used his power to raise the money to house people — without stealing it from other destitute people. He chose not to.

The next year Newsom ran for mayor and simultaneously put an anti aggressive panhandling initiative on the ballot. In classic Newsom strategy, the proposition loosely defined the term “aggressive” and bizarrely required, but did not fund, substance abuse treatment for perpetrators.

It was the meanest campaign in three decades. Several violent acts were wrongly attributed to homeless people. The Golden Gate Restaurant Association put out billboards claiming homeless people spread venereal disease. Once implemented, the initiative made no visible impact on the number of panhandlers in San Francisco.

Most recently, Newsom introduced Proposition L, an ordinance that could put people in jail for 30 days on a second offense just for sitting or lying on the sidewalk. It passed, and set the parameters for very nasty dialogue about poor people once again in San Francisco.

All three of these votes took place very strictly along class lines — affluent people supported them and poor people did not.

Homelessness is not a lifestyle choice; it’s a symptom of poverty. Yet Newsom’s legacy of hatred against homeless people has made it difficult to amass the public support needed to create true solutions. Overstating his accomplishments and spreading myths about homeless people sets us back. It gives San Franciscans the impression homeless people have the help they need but simply choose to remain out on the cold hard pavement.

In a city filled with thousands of destitute people, it is now illegal to sleep unsheltered. After Newsom’s plaster media façade crumbles, this will be his lasting legacy. *

Jennifer Freedenbach is executive director of the Coalition on Homelessness.

 

Weighing a landlord’s promise

8

rebeccab@sfbg.com

Emotions ran high at meetings held by the San Francisco Planning Commission about a massive overhaul of Parkmerced, a housing complex located next to San Francisco State University that is a neighborhood unto itself.

The plan envisions tearing down 1940s-era garden apartments and townhomes to make way for new low-rises and high-rises that would contain a mix of rental housing and for-sale units. Over the course of a construction project spanning three decades, Parkmerced would expand to 8,900 units — enough to triple the number of residents who can now be accommodated. Final approval for the project is expected in March at the earliest.

Some 150 residents turned out at a Dec. 9 special meeting held near Parkmerced to make it more accessible for seniors and people with limited mobility. Although commissioners had planned to open with a staff presentation, residents protested and demanded to speak first, and their request was granted. After listening to residents comment for hours, commissioners continued the discussion until the Dec. 16 meeting, which drew a smaller turnout.

While some residents were pleased by the plans, the majority who attended the first meeting expressed alarm and anxiety. People aired concerns about the long construction timeline, increased density, traffic congestion, and the impact the plan would have on a well-established, multigenerational community. Many of the speakers had been born at Parkmerced or raised families there. The comments portrayed an economically diverse neighborhood supporting close-knit circles of friends and family.

One question that seemed to have residents rattled most was whether they could trust the developer’s promise that their rent control would be preserved, even after their existing apartments have been torn down.

Among them was octogenarian Robert Pender, a founding member of the Parkmerced Residents’ Organization, who hobbled from his wheelchair to the podium to deliver his statement for the public record. “Parkmerced is my home, and I’m not going to be evicted because some landlord wants to make some more money,” he announced. After making his comments, Pender turned to face the audience, lifted his cane in the air, and issued a rally cry that captured the sentiment of the evening: “fight!”

Under the development plan, 1,500 apartments would be razed to make way for new residential units. The midcentury garden apartments open out to shared courtyards and patios. Many house tenants who’ve lived at Parkmerced for decades. For elderly residents or those who have disabilities, the exceptionally low rent makes it possible for them to stay in San Francisco despite limited income.

From the outset, Parkmerced Investors LLC and Stellar Management have promised existing tenants that they will be relocated to replacement units with roughly the same square footage, where they’ll continue to pay the same monthly rates and keep their rent control. The developer has even promised to keep the existing apartments intact until the new units are available so that none of the residents will have to move twice.

“Our promise to our residents is that we will preserve the rent control,” said P.J. Johnston, a spokesperson for the developer. “Our attorneys believe that the rent-control protections are absolutely ironclad.”

Johnston emphasized the big picture: “For decades, progressive San Francisco has been talking about the need for developing large chunks of affordable housing, for increasing density on the west side, and for creating more housing around transit. Here we finally have the opportunity to do all that while introducing major transit improvements and extending rent control.”

The landlord’s promise of continued rent control is written into a development agreement, a contract between the developer and the city that would be filed along with permits and entitlements for the property. Any subsequent owner would also have to adhere to the terms of the agreement.

Despite those assurances, tenant advocates speaking at the Dec. 9 meeting sounded the alarm that the guarantee could be called into question in court if the developer or a new owner ever sought to challenge it. The Costa-Hawkins Act, passed in 1995, prohibits rent control on newly constructed units, and San Francisco’s rent ordinance guarantees rent control only for units built before 1979.

“It is disingenuous for the Parkmerced landlord and for city staff to assure tenants that they will have rent-controlled replacement units after their units are demolished,” noted Polly Marshall, a tenant commissioner on the San Francisco Rent Board who spoke as an individual before the Planning Commission. “We simply don’t know if this will be the case.”

Marshall said the agreement could be susceptible to a legal challenge, given recent court rulings in Los Angeles and Santa Monica finding that the Ellis Act and the Costa-Hawkins Act preempted any contracts brokered with the municipalities. In each case, signed agreements between a developer and a city were dissolved in California courts.

“There’s nothing in state law that says that when you demolish rent-controlled housing, it has to be replaced with rent-controlled housing,” said Dean Preston, director of Tenants Together, a statewide tenant advocacy group. “I don’t think the city or the developer can make those guarantees.”

Preston added that the problem would be intensified if the property is conveyed to a new owner who didn’t make the same commitments, and acknowledged that he didn’t perceive a surefire way to guarantee enforceability. “It’s not the developer’s fault, and it’s not the city’s fault,” Preston added. “Ultimately this needs to be addressed In Sacramento.”

City staff and the developer seemed responsive to the concerns. In comments submitted to commissioners Dec. 9, Marshall said the development agreement should be amended to specify that the developer agreed to waive any rights to challenge the requirements of the agreement. The following week, at the Dec. 16 meeting, planning staff distributed revised copies of the agreement that had been changed to include that language.

During a staff presentation at the Dec. 16 meeting, mayoral development advisor Michael Yarne addressed the rent-control question in a detailed presentation. “The city wants to protect existing tenants,” Yarne told commissioners. “It is not the city’s intent to leave existing tenants vulnerable.”

Under Costa-Hawkins, Yarne said, exceptions to the rent-control prohibition apply in cases where a municipality has made a valuable contribution to a developer for a residential project in exchange for the waiver of rights under Costa-Hawkins.

Yarne ticked off a slew of contributions he believed would pass muster in a court of law as enough to qualify for the exception. Among other perks, maximum density controls for the site would be eliminated; the height and bulk for new buildings would be increased beyond what’s normally allowed; the city would not assess impact fees for the replacement units; the amount of permitted commercial mixed-use development for Parkmerced’s zoning category would be substantially increased; and the development rights would be frozen for 30 years with no required milestones.

“We believe this satisfies the public-assistance exception,” Yarne said. He noted that the document was drafted with feedback from City Attorney Dennis Herrera.

Tenant rights activist Calvin Welch, who had not yet seen the latest draft of the development agreement when the Guardian caught up with him, said “we’re agnostic” on the rent-control provision until having had a chance to carefully vet the final agreement. Yet he said the tenants were “absolutely right to be concerned,” given the recent legal precedent.

Sup. Sean Elsbernd, whose District 7 includes Parkmerced, said he tuned into the hearings though he did not attend. Elsbernd said he would feel comfortable moving forward with the plan as long as he had assurance from the City Attorney’s Office that the agreement was enforceable. “I don’t want to see that project go forward without certainty,” he said.

Christina Olague, vice president of the Planning Commission, acknowledged the strong concerns voiced by residents about the coming changes to the property. “We have to be sensitive to the emotions that we witnessed that day,” Olague said. “We have to balance out a lot of different needs.”

At the Dec. 16 meeting, more residents made comments echoing the furious opposition expressed on Dec. 9. At the same time, a small contingent of residents who favored the plan turned out to urge commissioners to approve it.

“I have witnessed consistent honesty from one source — the owner of Parkmerced, Rob Rosania,” Daniel Phillips, who identified himself as president of the Board of Directors of the Parkmerced Residents’ Organization, noted in written comments submitted to commissioners. “As long as I have known Rob Rosania and Stellar Management, they have made promises and kept them.”

Yet it was clear that many other tenants were not convinced, and on Dec. 9, several lamented the idea that their homes would be knocked down and their longstanding community impacted by the new development.

Residents who oppose the development recently formed a new residents organization called the Parkmerced Action Coalition. Members of that group are opposed to the wholesale demolition of the 1,500 garden apartments and would rather see them retrofitted and preserved.

“We are living in panic,” a woman who had lived in Parkmerced for many years told commissioners. “I am completely opposed to the tear-down of our community.”

Mayoral dynamics

5

steve@sfbg.com

Despite the best efforts of Sup. Chris Daly and some of his progressive colleagues to create an orderly transfer of authority in the city’s most powerful office, the selection of a successor to Mayor Gavin Newsom will come down to a frantic, unpredictable, last-minute drama starting a few days into the new year.

The board has convened to hear public testimony and consider choosing a new mayor three times, each time delaying the decision with little discussion by any supervisor except Daly, who pleaded with his colleagues on Dec. 14 to “Say something, the people deserve it,” and asking, “Are we going to take our charge?”

The current board will get one more crack at making the decision Jan. 4, a day after the California Constitution calls for Newsom to assume his duties as lieutenant governor — although Newsom has threatened to delay his swearing-in so Daly and company don’t get to the make the decision.

“I can’t just walk away and see everything blow up. And there are a few politicians in this town that want to serve an ideological agenda,” Newsom told KCBS radio reporter Barbara Taylor on Dec. 16, two days after praising the board for its “leadership and stewardship” in revising and unanimously approving the city’s bid to host the America’s Cup.

Newsom and his fiscally conservative political base fear that the board’s progressive majority will nominate one of its own as mayor, whereas Newsom told Taylor, “The board should pick a caretaker and not a politician — that’s my criteria.”

Some board members strongly disagree. “It’s not his to decide. Besides, what’s not ideological? That doesn’t make sense. Everyone’s ideological,” Sup. John Avalos told the Guardian, a point echoed by other progressives on the board and even many political moderates in town, who privately complain that Newsom’s stand is hypocritical, petty, and not in the city’s best interests.

The Guardian has interviewed a majority of members of the Board of Supervisors about the mayoral succession question, and all expect the board to finally start discussing mayoral succession and making nominations on Jan. 4.

But whether the current board, or the newly elected board that is sworn in on Jan. 8, ultimately chooses the new mayor is anyone’s guess. And at Guardian press time, who that new mayor will be (and what conditions that person will agree to) was still a matter of wild speculation, elaborate conspiracy theories, and backroom deal making.

 

GETTING TO SIX

A majority of supervisors say there’s a simple reason why the board hasn’t seriously discussed mayoral succession since it unanimously approved the procedures for doing so Nov. 23 (see “The process begins,” Nov. 30). Everyone seems to know that nobody has the required six votes.

Avalos said he thinks the current board is better situated to choose the new mayor because of its experience, even though he voted for the delay on Dec. 14 (in an 8-3 vote, with Daly and Sups. Ross Mirkarimi and David Campos in dissent). “I supported the delay because we were not closer to having a real discussion about it than we were the week before,” Avalos told us, noting that those who were pushing for Campos “didn’t do enough to broaden the coalition to support David Campos.”

For his part, Campos agreed that “the progressive majority has not figured out what it wants to do yet,” a point echoed by Mirkarimi: “I don’t think there’s a plan.” Sup. Sophie Maxwell, who made both the successful motions to delay the vote, told us, “There’s a lot more thinking that people need to do.”

“We do not yet have consensus,” Chiu said of his reasons for supporting the delay, noting that state conflict-of-interest and open government laws also make it difficult for the board to have a frank discussion about who the new mayor should be.

For example, Chiu is barred from even declaring publicly that he wants the job and describing how he might lead, although he is widely known to be in the running.

The board can’t officially name a new mayor until the office is vacant. Sup. Bevan Dufty, who is already running for mayor, told us the board should wait for Newsom to act. “I felt the resignation should be in effect before the board makes a move,” Dufty said.

Sups. Sean Elsbernd, Carmen Chu, Michela Alioto-Pier, and Eric Mar did not return the Guardian’s calls for comment.

 

PIECES OF THE PUZZLE

Adding to the drama of the mayoral succession decision will be the new Board of Supervisors’ inaugural meeting on Jan. 8, when the first order of business will be the vote for a new board president, who will also immediately become acting mayor if the office has been vacated by then and the previous board hasn’t chosen a new mayor.

While Newsom and his downtown allies are clearly banking on the hope that the new board will select a politically moderate caretaker mayor, something that three of the four new supervisors say they want (see “Class of 2010,” Dec. 8), the reality is that the new board will have the same basic ideological breakdown as the current board and some personal relationships that could benefit progressives Chiu and Avalos.

Daly said downtown is probably correct that the current board is more likely than the new one to directly elect a progressive mayor who might run for the office in the fall, such as Campos or former board President Aaron Peskin. But he thinks the new board is likely to elect a progressive as president, probably Campos, Chiu, or Avalos, and that person could end up lingering as acting mayor indefinitely.

“They really haven’t thought through Jan. 8. Downtown doesn’t like to gamble, and I think it’s a gamble,” Daly said. “There’s a decent chance that we’ll get a more progressive mayor out of the leadership vote for board president.”

Avalos said it “would be a disaster” for the board president to linger as acting mayor for a long time, complicating the balance of power at City Hall. But he wouldn’t mind holding the board gavel. “I think I would do a good job as board president, but I’m not going to scratch and claw my way to be board president,” Avalos said. “I’d be just as happy to be chair of the Budget Committee again.”

Avalos said he thinks it’s important to have a mayor who is willing to work closely with board progressives and to support new revenues as part of the budget solution, which is why he would be willing to support Chiu, Campos, or Mirkarimi for mayor, saying “All of them could do a good job.”

Given the progressive majority on the board, it’s also possible that there will be a lingering standoff between supporters for Chiu, a swing vote in budget and other battles who has yet to win the full confidence of all the progressive supervisors, and former Mayor Art Agnos, who has offered to serve as a caretaker. Some see Agnos as more progressive than the other alternatives pushed by moderates, including Sheriff Michael Hennessey and San Francisco Public Utilities Commission head Ed Harrington.

Moderates like Dufty are hopeful that a couple of progressives might break off to support Hennessey (“From the first minute, he knows everything you’d need to know in an emergency situation,” Dufty said) or Harrington (“I could see him stepping in and closing the budget deficit and finding a good compromise on pension reform,” Dufty said) after a few rounds of voting.

Mirkarimi is openly backing Agnos. “He has evolved, as I’ve known him, in the days since being mayor,” Mirkarimi said. “I think we’ve spent too much time on finding the progressive guy to be mayor than on setting up what a progressive caretaker administration would look like.” And then there are the wild cards, like state Sen. Mark Leno and City Attorney Dennis Herrera. Herrera’s a declared candidate and Leno has made it clear that he’d take the job if it were offered to him.

Given the fact that supervisors can’t vote for themselves, it’s difficult for any of them to win. “I don’t think it’s likely that a member of the Board of Supervisors will get enough votes to be mayor,” Avalos told us, although he said that Chiu is the one possible exception.

But to get to six votes, Chiu would have to have most of the progressive supervisors supporting him and some moderates, such as D10 Supervisor-elect Malia Cohen (whom Chiu endorsed), D8’s Scott Wiener, and/or Chu (who might be persuaded to help elect the city’s first Chinese American mayor).

That would be a delicate dance, although it’s as likely as any of the other foreseeable scenarios.

Editor’s Notes

3

tredmond@sfbg.com

When the talk comes around to budget politics these days — and these days, nobody in politics can talk about much else — there’s a pretty consistent line out there, from the mainstream left to the far right, and it goes like this:

Public employees have been riding high on great pay and benefits, and they’re going to have to accept that those days are over. We can do it nicely, and negotiate and all, but the people who work for the city and the state are getting a haircut. Pension reform. Health care premium hikes. Two-tiered wage systems. Sorry, folks — there’s no other choice.

And I understand the feeling. There are plenty of unemployed people out there who aren’t happy that they’re still paying taxes to support generous pay and health benefits for workers who are consistently maligned as lazy. There are small business owners who can barely afford minimally adequate health insurance for themselves and their employees. There are underpaid private-sector workers who get jealous when they hear what you make over at City Hall.

I get it, and in terms of political reality, public-sector pensions, pay, and benefits are going to have to be part of any budget resolution in Sacramento or San Francisco.

But let me say something else.

In the past 30 years, while public-sector unions were getting organized, becoming a political force and negotiating decent pay and benefits, the United States economy was shifting radically, in a way that we hadn’t seen since the turn of the Century. From Reagan on through Bush I, Clinton and Bush II, powerful forces in Washington launched a class war in this country, one that has as many victims as most of the traditional wars we’ve fought in the past century. The winners have been a small number of people and businesses that have grown impossibly rich — by taking money away from everyone else.

And they aren’t getting any cuts. In fact, their pay, pensions, benefits, and wealth aren’t even on the table. Which is profoundly unfair.

Of the 400 richest people in America (according to Forbes), 80 live in California. Their combined new worth is $231.8 billion — about 10 times the size of the state’s budget deficit. If they gave up just a modest amount of the benefits they get from living in this state and this country (and yes, the rich got that way in part because of the benefits they get from living here), we wouldn’t have a budget crisis at all.

The people who declared this war were smart enough to figure out how to divide the opposition, to turn us against each other. That’s why they keep winning.

The next district attorney

34

sarah@sfbg.com

By the time District Attorney Kamala Harris declared victory in the razor-close California attorney general race, two candidates had already filed to replace her. And their candidacies further complicate the delicate process of appointing a new district attorney when Harris gets sworn in Jan. 3 as the first woman and racial minority to become attorney general of California.

David Onek, a senior fellow at the Berkeley Center for Criminal Justice and a former police commissioner, filed in July and has raised $130,000 and collected 1,000 signatures.

Paul Henderson, a veteran prosecutor whom Harris tapped in 2007 as her chief administrator, filed Nov. 22 when his boss’ victory in the attorney general’s race looked assured.

And now Alameda County Assistant D.A. Sharmin Bock, a human trafficking expert, is reportedly mulling a bid.

Mayor Gavin Newsom has said that if Harris resigns before him, he’ll heed her recommendation for her successor. But whoever Newsom, or his successor, appoints will have a major advantage as the incumbent if he or she runs in November 2011.

Unlike the interim mayor, who will have to make unpopular cuts to balance the budget, the person who fills out Harris’ term will have a strong presumption of holding onto the office.

So far Harris has been silent on the topic of a replacement to the post she held since 2003, when she defeated two-term incumbent District Attorney Terence Hallinan.

A possible reason for Harris’ silence is that until recently San Francisco Superior Court Presiding Judge Katherine Feinstein, the only daughter of U.S. Sen. Dianne Feinstein, was thought to be a front-runner for the post. This perception was based on the assumption that Sen. Feinstein wanted her daughter appointed, that Newsom would obey the senator’s wishes, and that no one in Democratic circles would dare to challenge Judge Feinstein in November given her mother’s political influence.

But it turns out that Feinstein, 53, whose peers unanimously elected her to succeed James J. McBride for a two-year term effective Jan. 1, 2011 as the Superior Court’s presiding judge, couldn’t legally accept an appointment anyway and would have to run in the November race.

And Superior Court spokeswoman Ann Donlan told the Guardian that Feinstein does not intend to give up her position as presiding judge. “Judge Feinstein has told court employees and her judicial colleagues that she has no intention of relinquishing her judicial duties in San Francisco,” Donlan stated.

 

THE HEIR APPARENT

That leaves Henderson as Harris’ presumptive heir; Onek, who is married to the daughter of Michael Dukakis, is a political force to be reckoned with; and former prosecutor Bill Fazio and police commissioner and former prosecutor Jim Hammer are possible appointments.

District Attorney’s Office spokesperson Erica Derryck would say nothing on the record about the appointment other than that it’s the mayor’s decision to make. But former D.A. Office spokesperson Debbie Mesloh noted that Harris has outlined the qualities she is seeking.

“Kamala has mentioned publicly that she is looking for someone with integrity who understands how the office works and will take over in such a way that allows people to continue their work,” Mesloh said. “That may sound like small potatoes, but it’s a big deal given how many folks work in the D.A.’s Office.”

Public Defender Jeff Adachi told us he finds it interesting that neither Harris nor Newsom has issued an endorsement in favor of anyone. “The silence is deafening,” Adachi said, “But what’s absolutely missing is a process to select a new district attorney. The D.A’s job involves major responsibilities in terms of running and managing a large law office, so I think there should be some kind of process.”

Adachi said the most important qualification is an understanding of how the D.A.’s Office operates and the respect of line staff. “That’s where trial experience comes in. You want someone with experience of homicide trials and serious cases. You’re overseeing a staff of trial attorneys, investigators, and their support staff — who are all litigators.”

Adachi warns that having a caretaker in that office for 11 months would create havoc. “The best choice would be someone who would allow for a smooth transition and have the qualifications and interest in running for office,” he said.

Sup. David Chiu, who became the first Chinese-American Board of Supervisors president in January 2008 and previously worked as a criminal prosecutor in the D.A.’s Office, has often been mentioned as a candidate. He told the Guardian that he enjoyed his time as a prosecutor but wants to stay put, for now.

“Kamala Harris did a good job in terms of her prosecutorial approach, and I understand she is anxious to make sure her legacy is not repealed,” Chiu said. “I’m happy to serve wherever to further the public interest, and the board is in a fragile and unstable place.”

 

IT WON’T BE SUP. ELSBERND

Former D.A. Terence Hallinan, who served two terms as a supervisor before being elected D.A., thinks it’s a big advantage to come from the board. “I knew how to use the budget process to get what I needed,” he said. “I held the key to that door.”

But a city insider who asked to remain anonymous said that if Chiu is thinking D.A., he’d be setting his sights too low. “The brass ring is right there for Chiu as mayor,” the source said.

According to the city charter, the D.A. must be a San Francisco resident who has been licensed to practice law in all California courts for at least five years. Sup. Sean Elsbernd, who qualified for the bar in 2000, has been mentioned in some circles. But Elsbernd told us that the rumors that Newsom would appoint him as D.A. and Newsom’s Chief of Staff Steve Kawa as D7 supervisor are baseless.

“They are just saying that because I’m an attorney,” said Elsbernd, who worked as a law clerk with Nielsen, Merksamer, Parinello, Mueller, & Naylor and with the D.A.’s Office prior to his August 2004 appointment to the board by Newsom and his November 2004 election.

So now the money remains on Newsom to appoint Henderson, who is a gay African American. “It’s important to take the diversity of the city into account,” our City Hall source said. “And Henderson can do the job. He’s extremely capable; the lawyer types like him; he reaches out to all groups and political factions; and his appointment would be a signal to the Democratic Party that whoever appoints him takes diversity seriously.”

Hallinan said he thinks Henderson will get the nod. “I think Kamala wants to keep a hand in that office,” Hallinan said. “And Paul is a nice guy, very competent, a good administrator — though not real experienced at trying cases.”

The D.A. doesn’t have time to try cases because there are administrative matters to deal with every day, Hallinan noted. “But trial experience is good because, although the job is administrative, you are selecting who should try what case,” he said. “So unless you have experience, it’s hard to judge what resources you have to be devoted.”

Fazio, who lost to Hallinan in the D.A.’s race in the 1990s, says he wants Henderson to get the appointment. “Henderson has been a loyal deputy. Onek has never been in a courtroom, and he doesn’t even work in San Francisco,” Fazio said.

Fazio doesn’t think Henderson’s bid will be hampered by ongoing crime lab and prosecutorial scandals in the D.A.’s Office since he wasn’t directly involved in the crime lab and police misconduct cases. “The biggest challenge for Paul will be turning all that around and running for office,” Fazio said. Insiders agreed that unless something highly unusual happens, an incumbent Henderson would get widespread political support in November.

But Onek sounds like he’s in the race for the duration, and he downplayed his lack of trial experience. “The bottom line is that I’m not going to be the chief trial attorney,” Onek said. “The role of the D.A. is to set policy, have a vision for the office, manage the office, work collaboratively with the community and law enforcement agencies, and finally, bring resources in from outside.”

“I’m spending my time building a criminal justice movement and not focusing on the politics of it all,” he added. “It’s speculation and the winds change every day.”

Onek observed that his entire career has been about criminal justice reform. “Kamala Harris did a great job of starting on that reform, and we need someone who can step in and continue the reform.”

How many suspects did SF cops frame?

1

EDITORIAL The job of a district attorney is bringing criminals to justice; everybody knows that. But it’s also the job of the city’s top law enforcement agent to make sure the innocent are protected — and that’s a part that many DAs ignore.

There’s considerable evidence that the San Francisco police have framed suspects, set up evidence, and illegally manipulated the legal system to put the wrong people behind bars. Repeatedly. That’s a crisis that requires active intervention from the District Attorney’s Office — and since Kamala Harris is on her way out the door, it has to be a top priority for her successor.

The latest example: Superior Court Judge Marla Miller ruled Dec. 14 that Caramad Conley was denied his constitutional rights and convicted of murder after San Francisco cops allowed a paid witness to lie on the stand.

Miller concluded that homicide inspector Earl Sanders, who later became police chief and is now retired on a nice pension, knew that witness Clifford Polk was lying and made no effort to correct it.

That’s not the first time Sanders has been tied to an improper conviction. John Tennyson and Antoine Goff were sentenced to 25 years to life in 1990 — and spent 13 years in prison for a crime they didn’t commit. They were convicted after Sanders, and his then-partner Napoleon Hendrix, failed to inform the defense about key evidence.

Tennison and Goff would still be behind bars — except that Tennison’s brother read a Guardian story about the case and put a copy on the windshield of every car in the parking lot where he worked. And some of the people who parked there were lawyers for the top-flight criminal defense firm of Keker & Van Nest LLP.

The lawyers helped Jeff Adachi, then a deputy public defender, convince a federal judge that Tennison and Goff were wrongly convicted, and the two left prison in 2003. The case has now cost the San Francisco taxpayers $7.5 million.

The evidence that may soon free Conley came to light during the Tennison/Goff case — and it looks an awful lot like there’s a pattern here. Sanders and Hendrix (who died of cancer in 2009) worked some 500 homicide cases — and it’s unlikely that these two are isolated instances.

Conley has a shot at leaving prison after 18 years only because lawyers working on another case stumbled on old files, some of them literally buried under debris in a police warehouse. We have to wonder: how many other innocent people are rotting away (at considerable cost to the state) because SF cops helped frame them? And how many killers are still wandering the streets because homicide inspectors and prosecutors took the easy way out and manufactured or suppressed evidence against the first obvious suspect — and sent away the wrong person?

When Harris leaves office next month, a new district attorney will take over responsibility for this mess. It’s not possible, given the limited resources of the department, to go back and review every single case that Sanders and Hendrix worked. But the Conley case involved a key witness who was paid by the cops — that is, an informant getting public money. It’s perfectly legal to pay informants — as long as defense lawyers know that a witness was on the tab at the time of trial. But that didn’t happen in Conley’s case — and there may be many others.

Harris’ successor will have to take on the problems of the crime lab mess and continue to review cases that may be tainted by bad forensic techniques. But he or she needs to assign someone to go back over all of the cases in which Sanders and Hendrix used paid informants and see if any of those convictions need to be reviewed.

In the meantime, Chief George Gascón ought to take the opportunity to review police policies for paying snitches who then take the stand in court. There’s abundant evidence that the current system has serious problems.

Let’s get budget priorities straight

0

OPINION Who will pay for California’s budget woes? For the last three years, Californians have put up with cuts to programs that are critical to our state’s future and our social safety net. Public education, HIV and AIDS programs, state universities, and CalWORKs have all come under the knife. The elephant in the room, as state and federal governments try to balance budgets on the backs of the working and middle class, is the billions of dollars we are wasting on a misguided war in Afghanistan.

Fresh evidence that the war in Afghanistan is failing rolls in on a daily basis. While the administration justifies the cost in lives and dollars as necessary to fight Al Qaeda, it also acknowledges that there are only 50 to 100 Al Qaeda fighters in Afghanistan. Every soldier in Afghanistan costs U.S. taxpayers $1 million per year. With 100,000 soldiers on the ground, that means we’re spending as much as $2 billion a year on each Al Qaeda fighter.

Would we dream of spending $2 billion on every needy child in California? Or even $1 million? As U.S. and Afghan casualties rise along with the dollar amounts, with little success to show for it, we need to get our priorities in check.

At Governor-elect Jerry Brown’s budget forum this week, we were staring down a $28.1 billion budget deficit over the next 18 months. Compare that to the $46.4 billion Californians have already spent on the war in Afghanistan — $1.2 billion of that right out of San Franciscans’ pockets.

The Obama administration is conducting a strategy review this month that is expected to rubber stamp an approach that keeps soldiers in harm’s way — when doing so is not likely to make Americans or Afghans safer. At the same time, the president’s deficit commission chairs are also passing down recommendations to save money by cutting benefits for our most vulnerable citizens.

I would like to tell the taxpayers in my district who are shelling out these dollars that there’s a light at the end of the tunnel, but the president is now proposing ending the “combat mission” in 2014, which could mean there will be tens of thousands of troops on the ground even after four more years have passed.

I will continue to fight for our real needs in Sacramento. But it’s time for our representatives in Washington to put an end to this disastrous war and bring our troops home as quickly and responsibly as possible. Our tax dollars should be making life in California sustainable and safe for all. We can’t afford any other way.

Assemblymember Tom Ammiano represents the 13th District.