California

F-ing hippies

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› le.chicken.farmer@gmail.com

CHEAP EATS My friend Hoohoohaha has a son, a daughter, an ex, a small dog, and a hippie. She also has a wood pile, and has recently developed an allergy to fireplaces, poor girl, so I picked up a pizza after work and went over to console, catch up, and steal her wood pile.

So you know, in my first week of owning my first-ever brand new car pickup truck, the subcompact Honda Fit, I hauled: a wood pile, a Dumpster full of kindling, a new bed, a beautiful table and two chairs, a goth sympathizer, and a dump run’s worth of garbage.

Hoohoohaha’s son makes magazines out of magazines, and they are roughly the size of a postage stamp and entirely devoted to the topic of butter. At this rate of brilliance, I project, he will win a Pulitzer before he goes to high school.

The daughter scares me. She’s three.

The dog, a yapper, doesn’t scare me one bit, but wouldn’t leave me alone, either.

"It’s just plain pizza, pup," I tried to explain. "There isn’t even any meat on it. Now get outta here." I’m not a dog person, but I recognize that people like them every bit as much, if not more, than I like my cat. So I resisted the temptation to kick or even tease Hoohoohaha’s stupid new one.

Her hippie pretty much stays in the garage. She’d been talking about him for months and months. At first I suggested that she set traps, but it soon became apparent that Hoohoo actually wanted him there. In fact, she mentioned over pizza that he was moving on, or out, or re-garaging, or whatever it is that hippies do. The implication was that she would be looking for a new one, and the significant look, I gather, was because I live in hippieland and might know somebody. But I didn’t.

I have cats and rats and chickens and bugs. The hippies leave me alone. Except on Fridays, when I go to my tiny town’s tiny little farmers market, and then they try and sell me cucumbers. Maybe it’s the way I dress, or smell … something makes me exude meat-eaterliness. I was checking out these heirloom tomatoes at one booth and the woman hippieing it said, and I quote: "They taste like bacon."

I looked at her. I was holding a tomato and, still looking at her, I brought it slowly to my nose. It smelled like a tomato. "They taste like bacon?" I said.

"Bacon," she said. She was beautiful. "Yep."

"You realize you’re talking to a serious bacon eater," I said. "This is no small claim." I was thinking, I’m going to have to rethink my unreasonable prejudice against hippies. Just because I kind of am one, that’s no reason to hate a whole class of people. Maybe some hippies appreciate life’s more sacred institutions, such as bacon, every bit as much as the rest of us do. Maybe they not only love bacon, but they know how to grow tomatoes to taste like bacon. If so, I want a hippie in my garage too!

"Do you eat bacon?" I said. I don’t have a garage, but I was thinking maybe she could move into my storage shed, or chicken coop.

She said she didn’t, but used to, and now, with her amazing new bacony tomato variety, she could still enjoy a BLT with only the L and the T on it.

This is going to get my head blown off some day in an old Clint Eastwood movie, I know, but I can’t help it. I am one of those people who just has to know. So I bought a lot of tomatoes from this beautiful vegetarian hippie chick, and I left them on my counter for a couple days, like she said, and then ate them and they didn’t taste anything at all like bacon.

Fucking hippies. I’m setting traps in my chicken coop and storage shed, and it’s obtuse, so I’ll tell you: the moral of this seemingly silly story is that if you voted Yes on Proposition 8 here in California, you are, whether you know it yet or not, a homo.

———-

My new favorite restaurant is Gioia Pizzeria for giving me an alternative to what I usually tell transplanted New Yorkers who ask my advice. Now I can choose between "give up" and "Gioia." Super thin, super saucy, and very very similar to actual New York style pizza. Check it out.

GIOIA PIZZERIA

1586 Hopkins, Berk.

(510) 528-4692

Mon.–Sat., 11 a.m.–8 p.m.

No alcohol

MC/V

Clean energy: the next moves

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EDITORIAL Pacific Gas and Electric Co., its political hacks, and to a great extent, the San Francisco Chronicle all seem to take the same line on the defeat of Proposition H: It’s done. The people have spoken. Public power has been on the ballot 11 times, and it’s never passed.

And — as is always the case with a losing campaign — supporters of the Clean Energy Act are discussing what went wrong, looking at how the measure was written, the details, the language, the scope to see if there was something that could have been done differently.

But that ignores the central reality of the campaign for Prop. H: PG&E spent nearly $10.3 million to kill it. And it’s very, very hard to fight that kind of money.

The truth is, there was nothing wrong with the language or scope of Prop. H. If it had passed, it would have given the city the tools to create a sustainable energy portfolio that would be the envy of the nation. In fact, there is little doubt that the Clean Energy Act was well ahead in the polls when it was first placed on the ballot.

But as we’ve seen with so many races over time (and as we saw with Proposition 8 this fall) when a ballot measure it becomes a citywide or statewide race, big money has a serious impact. And we’ve never seen this kind of money in a San Francisco initiative campaign. In the end, PG&E spent about $53 per vote. That’s an outrageous sum, dwarfing any political spending that’s ever happened in San Francisco

Yet despite the barrage, the Clean Energy Act got tremendous grassroots and political support. Clean Energy has a strong constituency in San Francisco, including from the Sierra Club, and the power of this campaign won’t go away. Despite the efforts of downtown and PG&E, progressives still control the Board of Supervisors. Three of the city’s four representatives in Sacramento — Senator-elect Mark Leno, Assembly Member Fiona Ma and Assembly Member-elect Tom Ammiano — supported the legislation and will continue to back efforts to replace PG&E’s dirty power with locally- owned renewable energy. PG&E has money but it’s running out of friends in this town — and its illegal monopoly is the very definition of unsustainable.

There’s now an organized constituency for clean energy and public power, seasoned by this campaign and ready to continue the battle. That’s what needs to happen. There are numerous fronts: the city needs to be moving forward quickly with community choice aggregation, which offers the potential for cheaper, cleaner power. (The downside to CCA is that it doesn’t allow the city to make money; PG&E would still own the transmission lines, and thus make all the profits in the system.) Potentially, however, a CCA agency could begin moving toward creating local generation facilities and eventually toward building a local transmission system. A CCA also could directly access the city’s own Hetch Hetchy power and begin delivering it to local customers (once San Francisco can get out of the contracts requiring it to send too much of that power out of town).

The supervisors need a strong Local Agency Formation Commission to keep monitoring and pushing this, and the new board president needs to be sure LAFCO members are committed to and energized about renewable energy and public power.

Several supervisors — Sean Elsbernd, for example — told us they saw no reason for Prop. H to be on the ballot since so much of what it called for could be done by the board. Fine: Sup. Ross Mirkarimi, one of the authors of Prop. H, should immediately introduce legislation to do everything in Prop. H that doesn’t require a city charter change. Let’s see if Elsbernd and the mayor are really just PG&E call-up votes or if they’re willing to support an energy options feasibility study and strong renewable-energy mandates for the city.

And there are still legal options that the board should look at. City Attorney Dennis Herrera never wanted to go to court to enforce the Raker Act, the federal law requiring San Francisco to operate a public power system, but that’s an area the board can push. David Campos, the apparent supervisor-elect in District 9, is a lawyer who has worked in the city attorney’s office and sued PG&E, so this is an area where he can show leadership.

The bottom line is that this battle isn’t over.

There were other disappointments on what was generally a progressive ballot. Proposition V — the phony measure calling on the school board to reinstate JROTC — passed, narrowly. It was mostly a wedge issue to hurt progressive candidates for supervisor, and has been a horribly divisive issue in the schools. The school board, which cut off JROTC last year, is now pushing for an excellent public service alternative and doesn’t need to go back and reexamine the issue. JROTC is a terrible idea for San Francisco, and the newly elected board members shouldn’t even bring this up again.

Of course we were deeply unhappy about the passage of Prop. 8. The repeal of same-sex marriage was such a blow to San Francisco that it dampened a lot of the enthusiasm over the Obama victory. But that one’s not over, either; it has just begun. Statistics show that voters under 30 overwhelmingly support same-sex marriage — and if the campaign is run differently, and the message is positive, it’s likely that Prop. 8 can be overturned. Marriage equality advocates should think seriously about preparing now for a major campaign in November 2010 to restore equal rights for same-sex couples in California.

The future is on track

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> steve@sfbg.com

On the day after the election, retired judge Quentin Kopp was finally able to exhale and enjoy his martini, even though there’s still much work to be done in the coming years creating a high-speed rail system for California.

"I feel relaxed for the first time since June," Kopp, the proud father of high-speed rail in the state, told the Guardian at the Thirsty Bear brewpub in San Francisco shortly after arriving to an enthusiastic ovation from the large crowd of project engineers and contractors who had gathered to celebrate on the night after the election.

Proposition 1A — the $10 billion bond measure that finally launches high-speed rail in California, the most expensive and ambitious public works project in state history — got the nod from about 5.4 million voters, or a too-close-for-comfort 52.3 percent of the total. Combined with federal, state, local, and private funding, the measure will finance the San Francisco-to-Anaheim segment of a system that is eventually planned to stretch from Sacramento to San Diego.

The previous few months had been an emotional roller coaster for Kopp and other high-speed rail supporters. "It was like The Perils of Pauline," said Kopp, who sponsored the project as a state legislator representing San Francisco in the mid-90s and now chairs the California High-Speed Rail Authority, the agency charged with building the project.

Last year, Kopp had to overcome the resistance from Gov. Arnold Schwarzenegger, who sought to delay the bond measure for a third straight year (see "The silver bullet train," 4/17/07). This year, Kopp had to fight through many setbacks, starting with Schwarzenegger-allied CHSRA board member David Crane’s insistence on the creation of a detailed business plan before the project could go before voters.

To incorporate that plan into the bond measure required new legislation, Assembly Bill 3034, which replaced the former Prop. 1 with the new Prop. 1A and included new fiscal standards. Meanwhile, the CHSRA in July voted to choose Pacheco Pass over Altamont Pass as the preferred Bay Area alignment, triggering controversy and a lawsuit (see "High-speed rail on track," 7/16/08).

Although high-speed rail still appeared to enjoy strong support in the California Legislature, AB 3034 was stalled by partisan bickering and appeared doomed to miss a key legislative deadline. Kopp and supportive legislators, mostly notably Assembly member Fiona Ma, managed to get the legislation through, only to again be stymied when Schwarzenegger announced he would sign no legislation until a budget was approved.

Kopp persuaded the governor to make an exception for AB 3034 and things started to look good, with the measure ready for voters and polling data showing a healthy margin of support. "Then the financial markets collapsed and we lost 10 points," Kopp recalled. That apparent voter anxiety over big-ticket expenditures was compounded by campaign fundraising drying up and newspapers in regions outside the initial project area urging readers to vote against the measure.

"From there, it was tight all the way," said Kopp, noting that by election night, "I didn’t think it would pass."

But on the positive side, the campaign against the measure was weak, particularly after the Howard Jarvis Taxpayers Association blew its wad in June on an ill-fated ballot measure which attacked eminent domain laws and rent control. The closeness of the poll numbers caused the thousands of contract employees who will work on the high-speed rail project to take active roles campaigning for Prop. 1A.

Peter Gertler, national transit director for HNTB Corp., the engineering firm working on the peninsula section of the project, helped organize his colleagues to hit the streets and phones. "We were very nervous. I didn’t go to bed until 4 a.m.," he told the Guardian. After doing street-level campaigning, Gertler said he learned, "Overwhelmingly, everyone thinks this is a good idea."

Gertler said voters in California approved almost all the public transit measures on the ballot, signaling a new recognition of its importance: "Something fundamentally has changed."

He said the combination of high land values and the narrow corridor on the peninsula will present challenges in getting the section up and running — challenges that abound through the project area — but they’re confident in the project’s ultimate success.

"There are always going to be problems. This is the largest project in the history of the state," Kopp said. "The hard work is just beginning. But this was a foundational step."

The bond sales will likely be delayed by the current turmoil in the financial markets, but Kopp expects to get $50 million in the next state budget to complete the engineering work on the project. Construction could begin as soon as late 2010 and be completed in 2018, with some segments ready even earlier. The segment between San Francisco and San Jose could be operational by 2015, allowing trains to travel at speeds of up to 150 mph and complete the trip in just 30 minutes.

"It’ll come in pieces, but at some point it’ll really come together," said Brent Ogden, vice president of AECOM Transportation, one of the project’s contractors, who is working on the regional rail connection over Altamont Pass. While not part of the main project, for which Prop. 1A set aside $9 billion, the Altamont connection is eligible for part of the $1 billion in the measure earmarked for regional connections.

"The first job for the Altamont is figuring out what it’s going to be," Ogden said, adding that it could upgrade existing Altamont Commuter Express Rail lines and come on line even before the larger project.

Even if California and the rest of the country are in for a prolonged economic recession or even a depression, Kopp said the project would still likely move forward, noting that all the great public works projects — from the Golden Gate Bridge to the Hoover Dam — were built during the Great Depression and helped to revive the economy by creating jobs and stimuutf8g economic activity.

"We need projects," Kopp said. "We need to rebuild and expand the infrastructure of America."


HIGH-SPEED RAIL FACTS AND FIGURES


<\!s>About 230 trains per week will travel between Transbay Terminal in San Francisco (where there will be about 9 million annual boardings) and Los Angeles’ Union Station (about 10.8 million boardings). Trains will reach 220 mph and the trip will take two hours and 38 minutes.

<\!s>Fares will be about half that of air travel and generate about $2.4 billion in revenue to cover $1.3 billion in costs by 2030, thus generating about $1.1 billion in annual profits for the state once the project is paid for.

<\!s>The project will generate about 160,000 construction jobs and is projected to create 450,000 permanent jobs by 2035, including those indirectly created by the project.

<\!s>Even if there are unforeseen problems obtaining the full $33 billion in funding for the project, Prop. 1A could be a major boon for the Bay Area, funding improvements in Caltrain’s peninsula corridor and possibly a new rail line over the Altamont Pass.

<\!s>"The high-speed train system will reduce California’s dependence on fossil fuels and foreign oil — a reduction of 12 billion pounds of CO2 and 12.7 million barrels of oil per year by 2030."

<\!s>"High-speed trains will alleviate the need to build — at a cost of nearly $100 billion — about 3,000 miles of new freeway plus five airport runways and 90 departure gates over the next two decades."

Source: California High-Speed Train Business Plan

Why we waited — too long

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OPINION The California Supreme Court’s landmark ruling in May finally allowed same-sex couples their constitutional rights to marry. This was justice for the 4,000 same-sex couples issued marriage licenses in San Francisco from Feb. 12 to March 11, 2004. We were lucky to be one of those couples — but within five months the courts had voided all 4,000 licenses. I marched with hundreds to City Hall that day and angrily waved my nullified marriage license in the air. Del Martin and Phyllis Lyon provided a balm, saying with a laugh, "Oh well, guess we have to go back to living in sin."

Over the past four years, we’ve continued to wear our rings and celebrate our wedding anniversary. When the County Clerk’s office offered us a refund for our marriage license, we requested the refund go toward the city’s legal battle over same-sex marriage. It appeared that San Francisco had won that battle on May 20, 2008.

But we decided not to remarry until after the November election, when we would know if California agreed with the state Supreme Court. Attorney General Jerry Brown assured us that these wedding licenses could not be voided, but the memory of seeing couples in tears on March 12, 2004, when we had just been married the day before, was reason enough to wait.

In our hearts, we knew that Proposition 8 was likely to pass; since 1980 we have witnessed California consistently shoot itself in the foot by voting for petition-driven propositions.

In the past three months, one of us has devoted nearly 60 hours in an effort to defeat Prop. 8. The irony is that back in January, Troy was precinct captain for Obama in the California primary. He most likely talked to a good portion of voters out in the Sunset District who voted in favor of Prop. 8. And while the Mormon Church funded most of the Yes on 8 campaign, it is now clear that their message got through to many of California’s minorities, who turned out in record numbers to vote for Barack Obama. The No on 8 campaign should have targeted those communities; instead it only showed white people in its television ads. Now we are the ones with a dream deferred.

Marriage was not something we always believed in. When you’re used to outsider status, sometimes you learn to roll with the injustices perpetrated upon you. When Mayor Gavin Newsom and the city offered us a taste of it back in 2004, it didn’t take much to realize how much we were missing. The marriage itself was one of the best days of our lives, and having it voided was a very, very bitter feeling I won’t soon forget.

To those of you so motivated to vote for Prop. 8, we can simply tell you this: in a world of massive problems, of great economic and environmental woes we are only now beginning to feel acutely, can we bring it upon ourselves to actually join together with all of our brothers and sisters and confront all hatred with an idea of a greater social good? Can we imagine a world where our children aren’t judged by the gender of the ones they love, but by the content of their character?

Yes we can.

Victor Krummenacher is a musician and contributing designer for Wired magazine. Troy Gaspard is a surly activist and frugal trader.

Money is power

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› amanda@sfbg.com

GREEN CITY While the latest public power proposal was soundly defeated at the polls, the apparent failure of a pair of electricity generation initiatives backed by Mayor Gavin Newsom and Pacific Gas & Electric Co. is fueling an existing plan to create more city-owned energy projects.

Proposition H, which would have moved the city toward 100 percent renewable energy by 2040 and allowed public power to help meet that goal, lost Nov. 4 by more than 20 percentage points. PG&E spent a record-breaking $10.3 million against the measure, or more than $53 per vote as of the Nov. 10 tally.

For that kind of money, said campaign finance expert Bob Stern of the Center for Government Studies, "they could have taken every voter out and bought them an expensive meal." But, he said, that’s a pittance for a company like PG&E. "They knew spending $10 million was going to save them a bunch of money."

Two days after the election, PG&E announced a 9 percent increase in year-to-date profits over last year, boosted partly by a 6 percent rate increase PG&E implemented Oct. 1, which it argued was needed to cover the increased cost of natural gas.

Prop. H would have moved San Francisco away from volatile fossil fuel prices, although the city is still hoping to procure 51 percent of its energy needs from renewables by 2017 through the community choice aggregation (CCA) program.

Meanwhile a plan to retrofit the Mirant Potrero Power Plant is looking shakier since Nov. 4, when the Board of Supervisors tabled legislation that would have authorized the Mayor’s Office and San Francisco Public Utilities Commission to negotiate the deal.

Prior Land Use and Economic Development committee hearings showed that retrofitting the plant to run on natural gas instead of diesel may not be as technologically or economically feasible as suggested in a report commissioned by Mirant (see "Power possibilities," Nov. 5).

But a recent report on CCA outlines ways the city may be able to procure the baseload energy demand required by the California Independent System Operator (Cal-ISO) without retrofitting Mirant or building new peak-demand fossil fuel plants (known as "peakers"), as city officials originally proposed.

The report by Local Power, the lead CCA consultant hired by the city, suggests that the SFPUC’s current plan to upgrade natural gas steam boilers in large downtown buildings can be modified to capture waste heat and turn it into energy, a process known as cogeneration.

The city Department of the Environment has already identified 106 MW of potential energy — about the same amount Cal-ISO is requiring the city to have on hand for energy reliability. Although this isn’t renewable energy because it’s capturing wasted gas heat, "it’s really clean, good quality brown power," said Paul Fenn of Local Power, noting that it makes use of something that is currently being wasted.

Local Power’s draft report, which lays the groundwork for what the city needs to do before 2010 to make CCA work, also disputes the conclusions of a tidal power feasibility study conducted for the SFPUC. In July, URS Corp. reported that tidal power in the Golden Gate would cost between 80 cents and $1.40 per kW-hour and only generate a little over 1 MW of power. "We do not consider a tidal power project located in the vicinity of the Golden Gate to be commercially feasible at this time," the report states.

Local Power contends that URS undervalued the potential energy by using computer modeling rather than actual tidal data and overlooked the strongest area for building an underwater turbine. It also failed to account for public financing at a lower interest rate, which would make city-owned tidal power much cheaper.

"We are confident you can get 10 MW," Fenn said. "The whole thing was modeled on PG&E ownership."

Local Power recommended the city get actual tidal data from the best spot and run the numbers again. "The ocean is the ultimate energy resource for San Francisco," said Fenn, who compared the challenge of constructing this kind of infrastructure to the Hoover Dam.

Newsom, who opposed Prop. H but still claims to support CCA, remains committed to tidal power. "Mayor Newsom supports advancing a tidal project at the mouth of the bay," his spokesperson, Joe Arellano, wrote in an e-mail.

The rollout of CCA is expected in 2010, when the city issues a request for proposals from companies interested in building or supplying energy. Several companies have already responded to a request for information. CCA is slated to include a 150 MW wind farm, 31 MW of solar, 103 MW of local distributed generation, and 107 MW of efficiency technologies. Funding would come from $1.2 billion in renewable energy bonds that have already been approved.

Local Power’s report includes concrete actions the city can take, including a plan to finally make Hetch Hetchy power available to citizens, a recommendation that the wind farm be built in the Delta for easy access to the Transbay Cable — a new 400 MW, 59-mile transmission line between Pittsburg and San Francisco that’s scheduled to be completed in 2010 — and urging the city to petition the California Public Utilities Commission (CPUC) for so-called public good charges collected from ratepayers that currently go to PG&E’s energy efficiency programs.

"We’re trying to put ideas on the table for the RFPs," said Fenn, who stressed that the city should make it as easy as possible for CCA to get underway, a goal that will require a lot more cooperation between departments. For example, the report outlines several hindrances to getting renewable energy up and running, from permit hassles to delayed interconnections to PG&E’s grid.

"Where we see problems in the city for permitting and zoning, we can seek to change them now," Fenn said.

That chance may come soon. The Land Use and Economic Development Committee is hearing legislation Nov. 12 to require conditional use permitting for all power plants greater than 10 MW. Though the legislation originally targeted the Mirant plant, the Planning Department, in its review of the draft legislation, suggested that all power plants be subject to the additional review. Sup. Aaron Peskin, who sponsored the legislation with Sup. Sophie Maxwell, suggested the change wasn’t appropriate. "It just means more public process."

But, Fenn said, "To set standards based on pre-CCA era is at this point confusing. Like [Sup.] Ross [Mirkarimi] said, the CCA program should be the unifying principle of energy policy in San Francisco. Integrating all the pieces is indeed the entire secret of making all the parts perform better so that we can achieve the required meet-or-beat-PG&E-rates outcome."

Mirkarimi told us the program could obviate retrofitting Mirant or pursuing the peakers. "CCA still has not been taken seriously enough by the SFPUC or the Newsom administration."

Chinafornia

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› paulr@sfbg.com

The specter of linoleum haunts the neighborhood Chinese restaurant. Many of us have paid visits to these purgatories, where the food is tasty and cheap but the lighting is harsh and fluorescent and the flooring looks as if it had been laid down, without much love, during the Eisenhower administration. One ponders this trade-off, wondering, in particular, whether it’s inevitable. Then one goes to Kathy’s California Chinese Cuisine and finds an answer.

Rumors of Kathy’s’ culinary excellence had been reaching me for some time. I had seen the place often enough, certainly, in its snug little commercial strip at the dizzying confluence of Dewey and Laguna Honda boulevards and Woodside Avenue, just steps from Muni’s Forest Hill metro station. But I only recently stepped inside for the first time and felt myself transported to … Vienna! Of course, I had only just been to the real Vienna — for the first time — over the summer, so that wedding-cake city in the heart of Mitteleuropa was on my mind.

Kathy’s isn’t about wedding cakes or Mitteleuropa, but it does offer surprisingly gracious old world atmospherics, if one discounts the burbling aquarium just inside the front door, the scattering of gourds on the floor (in honor of Halloween and the autumn harvest), and the general storefront-spaciness of things. (There is no host’s podium, just the fish tank, while the server’s station is all the way at the rear of the dining room, like the check-in counter for an obscure airline in an obscure country.)

The floor is laid with handsome tiles that look as though they were quarried from a stormy sea, the walls are a discreetly sensuous peach color, and soft light flows from a pair of rather resplendent glass chandeliers, as well as from sconce lamps on the wall. From an unseen sound system I heard playing one evening — for our final Viennese touch — the final movement of Mozart’s Piano Concerto No. 22 in E flat major. Also some Bach. The music was present but not obtrusive, which these days seems to be very much the exception to the rule. Considering that Kathy’s does a lively takeout business, the restaurant’s dining room is a startlingly attractive place to sit and have dinner, at least if your idea of having dinner includes conversation.

When "California" is used as a modifier with respect to some traditional cuisine, I immediately think of zucchini. Zucchini grow like weeds in our part of the world, and they turn up in highly unlikely spots, such as hor mak talay, the Thai dish of coconut milk and red curry. And they turn up at Kathy’s, along with eggplant, tomatoes, and peppers. Somewhere in the kitchen is a ratatouille crying out to be made.

Kathy’s isn’t that Californianized, or Californicated, but there is a nice plate of stir-fried vegetables, the vegetable deluxe ($7.95), that features plenty of shredded napa cabbage, carrot coins, broccoli florets, and chunks of Japanese eggplant, with plenty of garlic and ginger and — the special touch — a ring of tissue-thin tomato slices arranged around the edge of a platter, like a link fence. The fence is both visually attractive and the source of a subtle acid zip.

Most of the food has a familiar north-China look, although there is the occasional wrinkle, such as red dumplings ($6.95), an octet of Chiclet-shaped, half-dollar-sized dough packets filled tight with minced, gingery pork and bathed in a thick, glossy reddish-orange sauce that’s both sweet and hot.

Similar dumplings recur in the wonton soup ($6.95 for two), although the real stars here are the chicken stock (intensified through reduction and not too salty) and the wealth of vegetables bobbing alongside the wontons. The roll call here includes more shredded cabbage and broccoli florets, along with quarters of button mushroom and (a non-vegetable) peeled shrimp.

Our intel source, a local, suggested that we would find the walnut prawns ($10.95) exceptional. Since I have never found walnut prawns exceptional, I was prepared to be disappointed. But … Kathy’s walnut prawns are exceptional! The large, plump shrimp are shelled, then stir-fried in a creamy sauce spiked with some sort of liquor (brandy or rum?), and scattered with candied walnuts and raisins. It is very tricky business to introduce this much sweetness into a savory dish; a balance must be struck, lest you end up with some kind of shrimp dessert. Kathy’s version strikes that balance.

Tangerine beef ($10.95), meanwhile, left me secretly chagrined, since the flaps of beef, while tasty, were not coated and deep-fried to heart-stopping crispness before being tossed in a thick and glossy orange sauce. The drill here was more of a conventional stir-fry (with a medley of vegetables) in a soy-based sauce, with the tangerine figuring as an occasional burst of zest. More interesting, or at least unexpected, or unadvertised, were the lithe slices of green apple ringing the platter; their sweet-tartness helped balance both the saltiness of the soy sauce and the richness of the meat.

Other pluses: service is practiced and friendly. You can get brown rice instead of white. Transport logistics are, apart from the terrifying intersection, rather painless, with Muni just steps away and street parking quite easy. The relaxed, well-mannered crowd is easy to take. And, on that happy note, I’m done with Chinese food for a bit. Probably.


Kathy’s California Chinese Cuisine

Dinner: nightly, 5–10 p.m.

Lunch: Mon.-Fri., 11 a.m.–3 p.m.

408 Dewey, SF

(415) 665-6888

Beer and wine

MC/V

Not noisy

Wheelchair accessible

The people’s election

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› news@sfbg.com

By midnight Nov. 4, the drama was long over: John McCain had conceded, Barack Obama had delivered his moving victory speech — declaring that “change has come to America” — and the long national nightmare of the Bush years was officially headed for the history books.

But in San Francisco, the party was just getting started.

Outside of Kilowatt, on 16th Street near Guerrero, the crowd of celebrants was dancing to the sounds of a street drummer. In the Castro District, a huge crowd was cheering and chanting Obama’s name. And on Valencia and 19th streets, a spontaneous outpouring of energy filled the intersection. Two police officers stood by watching, and when a reporter asked one if he was planning to try to shut down the celebration and clear the streets, he smiled. “Not now,” he said. “Not now.”

Then, out of nowhere, the crowd began to sing: O say can you see /By the dawn’s early light …

It was a stunning moment, as dramatic as anything we’ve seen in this city in years. In perhaps the most liberal, counterculture section of the nation’s most liberal, counterculture city, young people by the hundreds were proudly singing The Star Spangled Banner. “For the first time in my life,” one crooner announced, “I feel proud to be an American.”

Take that, Fox News. Take that Sean Hannity and Rush Limbaugh and Sarah Palin and the rest of the right-wing bigots who have tried to claim this country for themselves. On Nov. 4, 2008, progressives showed the world that we’re real Americans, too, proud of a country that has learned from its mistakes and corrected its course.

President Obama will let us down soon enough; he almost has to. The task at hand is so daunting, and our collective hopes are so high, that it’s hard to see how anyone could succeed without a few mistakes. In fact, Obama already admitted he won’t be “a perfect president.” And when you get past the rhetoric and the rock star excitement, he’s taken some pretty conservative positions on many of the big issues, from promoting “clean coal” and nuclear power to escautf8g the war in Afghanistan.

But make no mistake about it: electing Barack Obama was a progressive victory. Although he never followed the entire progressive line in his policy positions, he was, and is, the creature of a strong progressive movement that can rightly claim him as its standard-bearer. He was the candidate backed from the beginning by progressives like Supervisors Chris Daly and Ross Mirkarimi (a Green). And only after his improbable nomination did moderates like Mayor Gavin Newsom and Sen. Dianne Feinstein jump on the bandwagon.

From the start, the young, activist, left wing of the Democratic Party was the driving force behind the Obama revolution. And while he has always talked to the Washington bigwigs — and will populate his administration with many of them — he would never have won without the rest of us. And that’s a fact of political life it will be hard for him to ignore, particularly if we don’t let him forget it.

For a few generations of Americans — everyone who turned 18 after 1964 — this was the first presidential election we’ve been able to get truly excited about. It was also the first presidential election that was won, to a significant extent, on the Internet, where progressive sites like dailykos.com raised millions of dollars, generated a small army of ground troops, and drove turnout in both the primaries and the general election. The movement that was built behind Obama can become a profound and powerful force in American politics.

So this was, by any reasonable measure, the People’s Election. And now it’s the job of the people to keep that hope — and that movement — alive, even when its standard-bearer doesn’t always live up to our dreams.

The evidence that this was the People’s Election wasn’t just at the national level. It showed up in the results of the San Francisco elections as well.

This was the election that would demonstrate, for the first time since the return of district elections, whether a concerted, well-funded downtown campaign could trump a progressive grassroots organizing effort. Sure, in 2000, downtown and then-Mayor Willie Brown had their candidates, and the progressives beat them in nearly every race. But that was a time when the mayor’s popularity was in the tank, and San Franciscans of all political stripes were furious at the corruption in City Hall.

“In 2000, I think a third of the votes that the left got came from Republicans,” GOP consultant Chris Bowman, who was only partially joking, told us on election night.

This time around, with the class of 2000 termed out, a popular mayor in office and poll numbers and conventional wisdom both arguing that San Franciscans weren’t happy with the current Board of Supervisors (particularly with some of its members, most notably Chris Daly), many observers believed that a powerful big-money campaign backing some likable supervisorial candidates (with little political baggage) could dislodge the progressive majority.

As late as the week before the election, polls showed that the three swings districts — 1, 3, and 11 — were too close to call, and that in District 1, Chamber of Commerce executive Sue Lee could be heading for a victory over progressive school board member Eric Mar.

And boy, did downtown try. The big business leaders, through groups including the Committee on Jobs, the Chamber, the Association of Realtors, Plan C, the newly-formed Coalition for Responsible Growth, and the Building Owners and Managers Association, poured more than $630,000 into independent expenditures smearing progressive candidates and promoting the downtown choices. Newsom campaigned with Joe Alioto, Jr. in District 3 and Ahsha Safai in District 11. Television ads sought to link Mar, John Avalos, and David Chiu with Daly.

Although the supervisors have no role in running the schools, the Republicans and downtown pushed hard to use a measure aimed at restoring JROTC to the city’s high schools as a wedge against the progressives in the three swing districts. They also went to great lengths — even misstating the candidates’ positions — to tar Mar, Chiu, and Avalos with supporting the legalization of prostitution.

And it didn’t work.

When the votes were counted election night, it became clear that two of the three progressives — Avalos and Chiu — were headed for decisive victories. And Mar was far enough ahead that it appeared he would emerge on top.

How did that happen? Old-fashioned shoe leather. The three campaigns worked the streets hard, knocking on doors, distributing literature, and phone banking.

“I’ve been feeling pretty confident for a week,” Avalos told us election night, noting his campaign’s strong field operation. As he knocked on doors, Avalos came to understand that downtown’s attacks were ineffective: “No one bought their horseshit.”

A few weeks earlier, he hadn’t been so confident. Avalos said that Safai ran a strong, well-funded campaign and personally knocked on lots of doors in the district. But ultimately, Avalos was the candidate with the deepest roots in the district and the longest history of progressive political activism.

“This is really about our neighborhood,” Avalos told us at his election night party at Club Bottom’s Up in the Excelsior District. “It was the people in this room that really turned it around.”

The San Francisco Labor Council and the tenants’ movement also put dozens of organizers on the ground, stepping up particularly strongly as the seemingly coordinated downtown attacks persisted. “It was, quite literally, money against people, and the people won,” Labor Council director Tim Paulson told us.

Robert Haaland, a staffer with the Service Employees International Union and one of the architects of the campaign, put it more colorfully: “We ran the fucking table,” he told us election night. “It’s amazing — we were up against the biggest downtown blitz since district elections.”

The evidence suggests that this election was no anomaly: the progressive movement has taken firm hold in San Francisco, despite the tendency of the old power-brokers — from Newsom to downtown to both of the city’s corporate-owned daily newspapers — to try to marginalize it.

Political analyst David Latterman of Fall Line Analytics began the Nov. 5 presentation at the San Francisco Planning and Urban Research Association election wrap-up by displaying an ideologically-coded map of San Francisco, drawing off of data from the Progressive Voter Index that he developed with San Francisco State University political science professor Rich de Leon. The PVI is based on how San Francisco residents in different parts of the city vote on bellwether candidates and ballot measures.

“Several of the districts in San Francisco discernibly moved to the left over the last four to eight years,” Latterman told the large crowd, which was made up of many of San Francisco’s top political professionals.

The two supervisorial districts that have moved most strongly toward the progressive column in recent years were Districts 1 (the Richmond) and 11 (the Excelsior), which just happened to be two of the three swing districts (the other being District 3–North Beach and Chinatown) that were to decide the balance of power on the Board of Supervisors this election.

Latterman said Districts “1, 3, and 11 went straight progressive, and that’s just the way it is.”

In fact, in many ways, he said this was a status-quo election, with San Francisco validating the progressive-leaning board. “A lot of people in the city didn’t see it as a chance for a drastic change citywide.”

In other words, keeping progressives in City Hall has become a mainstream choice. Whatever downtown’s propaganda tried to say, most San Franciscans are happy with a district-elected board that has brought the city a living-wage law and moved it a step toward universal health insurance.

The fate of the local ballot measures was another indication that Newsom, popular as he might be, has little ability to convince the voters to accept his policy agenda.

Voters rejected efforts by Newsom to consolidate his power, rejecting his supervisorial candidates, his Community Justice Center (as presented in Measure L), and his proposed takeover of the Transportation Authority (soundly defeating Proposition P) while approving measures he opposed, including Propositions M (protecting tenants from harassment) and T (Daly’s guarantee of substance abuse treatment on demand).

Asked about it at a post-election press conference, Newsom tried to put a positive spin on the night. “Prop. A won, and I spent three years of my life on it,” he said. “Prop B. was defeated. Prop. O, I put on the ballot. I think it’s pretty small when you look at the totality of the ballot.” He pointed out that his two appointees — Carmen Chu in District 4 and Sean Elsbernd in District 7 — won handily but made no mention of his support for losing candidates Lee, Alicia Wang, Alioto, Claudine Cheng, and Safai.

“You’ve chosen two as opposed to the totality,” Newsom said of Props. L and P. “Prop. K needed to be defeated. Prop. B needed to be defeated.”

Yet Newsom personally did as little to defeat those measures as he did to support the measures he tried to claim credit for: Measures A (the General Hospital rebuild bond, which everyone supported) and revenue-producing Measures N, O, and Q. In fact, many labor and progressives leaders privately grumbled about Newsom’s absence during the campaign.

Prop. K, which would have decriminalized prostitution, was placed on the ballot by a libertarian-led signature gathering effort, not by the progressive movement. And Prop. B, the affordable housing set-aside measure sponsored by Daly, was only narrowly defeated — after a last-minute attack funded by the landlords.

All three revenue-producing measures won by wide margins. Prop. Q, the payroll tax measure, passed by one of the widest margins — 67-33.

Latterman and Alex Clemens, owner of Barbary Coast Consulting and the SF Usual Suspects Web site, were asked whether downtown might seek to repeal district elections, and both said it didn’t really matter because people seem to support the system. “I can’t imagine, short of a tragedy, district elections going anywhere,” Latterman said.

Clemens said that while downtown’s polling showed that people largely disapprove of the Board of Supervisors — just as they do most legislative bodies — people generally like their district supervisor (a reality supported by the fact that all the incumbents were reelected by sizable margins).

“It ain’t a Board of Supervisors, it is 11 supervisors,” Clemens said, noting how informed and sophisticated the San Francisco electorate is compared to many other cities. “When you try to do a broad-based attack, you frequently end up on the wrong end (of the election outcome).”

We had a bittersweet feeling watching the scene in the Castro on election night. While thousands swarmed into the streets to celebrate Obama’s election, there was no avoiding the fact that the civil-rights movement that has such deep roots in that neighborhood was facing a serious setback.

The Castro was where the late Sup. Harvey Milk started his ground-breaking campaign to stop the anti-gay Briggs Initiative in 1978. Defying the advice of the leaders of the Democratic Party, Milk took on Briggs directly, debating him all over the state and arguing against the measure that would have barred gay and lesbian people from teaching in California’s public schools.

The defeat of the Briggs Initiative was a turning point for the queer movement — and the defeat of Prop. 8, which seeks to outlaw same-sex marriage, should have been another. Just as California was the most epic battle in a nationwide campaign by right-wing bigots 30 years ago, anti-gay marriage measures have been on the ballot all over America. And if California could have rejected that tide, it might have taken the wind out of the effort.

But that wasn’t to be. Although pre-election polls showed Prop. 8 narrowly losing, it was clear by the end of election night that it was headed for victory.

Part of the reason: two religious groups, the Catholics and the Mormons, raised and spent some $25 million to pass the measure. Church-based groups mobilized a reported 100,000 grassroots volunteers to knock on doors throughout California. Yes on 8 volunteers were as visible in cities throughout California as the No on 8 volunteers were on the streets of San Francisco, presenting a popular front that the No on 8 campaign’s $35 million in spending just couldn’t counter — particularly with so many progressive activists, who otherwise would have been walking precincts to defeat Prop. 8, fanned out across the country campaigning for Obama.

“While we knew the odds for success were not with us, we believed Californians could be the first in the nation to defeat the injustice of discriminatory measures like Proposition 8,” a statement on the No on Prop. 8 Web site said. “And while victory is not ours this day, we know that because of the work done here, freedom, fairness, and equality will be ours someday. Just look at how far we have come in a few decades.”

San Francisco City Attorney Dennis Herrera, joined by Los Angeles City Attorney Rocky Delgadillo and Santa Clara County Counsel Ann C. Raven, filed a legal challenge to Prop. 8, arguing that a ballot initiative can’t be used to take away fundamental constitutional rights.

“Such a sweeping redefinition of equal protection would require a constitutional revision rather than a mere amendment,” the petition argued.

“The issue before the court today is of far greater consequence than marriage equality alone,” Herrera said. “Equal protection of the laws is not merely the cornerstone of the California Constitution, it is what separates constitutional democracy from mob rule tyranny. If allowed to stand, Prop. 8 so devastates the principle of equal protection that it endangers the fundamental rights of any potential electoral minority — even for protected classes based on race, religion, national origin, and gender.”

That may succeed. In fact, the state Supreme Court made quite clear in its analysis legalizing same-sex marriage that this was a matter of fundamental rights: “Although defendants maintain that this court has an obligation to defer to the statutory definition of marriage contained in [state law] because that statute — having been adopted through the initiative process — represents the expression of the ‘people’s will,’ this argument fails to take into account the very basic point that the provisions of the California Constitution itself constitute the ultimate expression of the people’s will, and that the fundamental rights embodied within that Constitution for the protection of all persons represent restraints that the people themselves have imposed upon the statutory enactments that may be adopted either by their elected representatives or by the voters through the initiative process.

As the United States Supreme Court explained in West Virginia State Board of Education vs. Barnette (1943) 319 U.S. 624, 638: ‘The very purpose of a Bill of Rights was to withdraw certain subjects from the vicissitudes of political controversy, to place them beyond the reach of majorities and officials and to establish them as legal principles to be applied by the courts. One’s right to life, liberty, and property, to free speech, a free press, freedom of worship and assembly, and other fundamental rights may not be submitted to vote; they depend on the outcome of no elections.'”

As Board of Supervisors President Aaron Peskin told the Guardian later that week: “Luckily, we have an independent judiciary, because the voters of California have mistakenly taken away a class of civil rights.”

But if that legal case fails, this will probably wind up on the state ballot again. And the next campaign will have to be different.

There already have been many discussions about what the No on 8 campaign did wrong and right, but it’s clear that the queer movement needs to reach out to African Americans, particularly black churches. African Americans voted heavily in favor of Prop. 8, and ministers in many congregations preached in favor of the measure.

But there are plenty of black religious leaders who took the other side. In San Francisco the Rev. Amos Brown, who leads the Third Baptist Church, one of the city’s largest African American congregations, spoke powerfully from the pulpit about the connections between the civil rights struggles of the 1960s and the fight for same-sex marriage.

The next time this is on the ballot, progressive and queer leaders will need to build a more broad-based movement. That is not only possible, but almost inevitable.

The good news — and it’s very good news — is that (as Newsom famously proclaimed) same-sex marriage is coming, whether opponents like it or not. That’s because the demographics can’t be denied: the vast majority of voters under 30 support same-sex marriage. This train is going in only one direction, and the last remaining issue is how, and when, to make the next political move.

The progressives didn’t win everything in San Francisco. Proposition H, the Clean Energy Act, was taken down by one of the most high-priced and misleading campaigns in the city’s history. Pacific Gas and Electric Co. spent more than $10 million telling lies about Prop. H, and with the daily newspapers virtually ignoring the measure and never challenging the utility’s claims, the measure went down.

“This was a big, big, big money race,” Latterman said. “In San Francisco, you spend $10 million and you’re going to beat just about anything.”

But activists aren’t giving up on pushing the city in the direction of more renewable energy (see Editorial).

Latterman said the narrow passage of Prop. V, which asked the school board to consider reinstating JROTC, wasn’t really a victory. “I would not call this a mandate. I worked with the campaign, and they weren’t looking for 53 percent. They were looking for 60-plus percent,” Latterman said. “I think you’ll see this issue just go away.”

Neither Latterman nor Clemens would speculate on who the next president of the Board of Supervisors will be, noting that there are just too many variables and options, including the possibility that a newly elected supervisor could seek that position.

At this point the obvious front-runner is Ross Mirkarimi, who not only won re-election but received more votes than any other candidate in any district. Based on results at press time, more than 23,000 people voted for Mirkarimi; Sean Elsbernd, who also had two opponents, received only about 19,000.

Mirkarimi worked hard to get Avalos, Chiu, and Mar elected, sending his own volunteers off to those districts. And with four new progressives elected to the board, joining Mirkarimi and veteran progressive Chris Daly, the progressives ought to retain the top job.

Daly tells us he won’t be a candidate — but he and Mirkarimi are not exactly close, and Daly will probably back someone else — possibly one of the newly elected supervisors.

“It’s going to be the most fascinating election that none of us will participate in,” Clemens said.

The danger, of course, is that the progressives will be unable to agree on a candidate — and a more moderate supervisor will wind up controlling committee appointments and the board agenda.

One of the most important elements of this election — and one that isn’t being discussed much — is the passage of three revenue-generating measures. Voters easily approved a higher real-estate transfer tax and a measure that closed a loophole allowing law firms and other partnerships to avoid the payroll tax. Progressives have tried to raise the transfer tax several times in the past, and have lost hard-fought campaigns.

That may mean that the anti-tax sentiment in the city has been eclipsed by the reality of the city’s devastating budget problems. And while Newsom didn’t do much to push the new tax measures, they will make his life much easier: the cuts the city will face won’t be as deep thanks to the additional $50 million or so in revenue.

It will still be a tough year for the new board. The mayor will push for cuts that the unions who supported the newly elected progressives will resist. A pivotal battle over the city’s future — the eastern neighborhoods rezoning plan — will come before the new board in the spring, when the recent arrivals will barely have had time to move into their offices.

Obama, of course, will face an even tougher spring. But progressives can at least face the future knowing that not only could it have been a lot worse; for once things might be about to get much better.

Amanda Witherell and Sarah Phelan contributed to this report.

Editor’s Notes

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The Castro District on election night was filled with joy and excitement as people poured out into the streets to celebrate the Obama victory. Three nights later, the streets were filled with people protesting, not reveling. That was the weird thing about being a San Franciscan this past week: we won a world-changing victory in the presidential race, and won most of the key races locally — but on same-sex marriage, we lost.

There are plenty of reasons for that, and we talk about some of them in this issue. There have been protests at Mormon churches and at some Catholic churches, as there should be, since those two religious groups raised most of the Yes on Proposition 8 money. (And can you imagine how many low-income Catholic-school kids could have been educated and how many hungry people could have been fed for the more than $25 million these folks spent trying to keep people from getting married?)

But if San Francisco really wants a poster boy for the attack on same-sex marriage, a local symbol of bigotry, he’s right in front of us: Archbishop George Niederauer.

Now, if you’re a Catholic archbishop, you kind of have to accept the church’s dogma, which says that marriage is a sacrament that can only be bestowed on a man and a woman. Whatever — he can believe and preach what he wants.

But if you’re the archbishop of San Francisco, you don’t have to mount a major political campaign against same-sex marriage. You could decide to use the church’s influence and money helping the poor, for example, which is pretty much what Jesus did. I might have missed that lesson in Catholic school, but I don’t remember the Big J ever saying a word about gay marriage.

Instead, Niederauer and his colleagues made Prop. 8 a huge issue. A flyer produced by the archbishop and handed out widely contained some glaring, inaccurate homophobic crap, including this: "If the Supreme Court ruling stands, public schools may have to teach children that there is no difference between traditional marriage and ‘gay marriage.’"

That infuriated Matt Dorsey, a gay Catholic who is active in Most Holy Redeemer Church. "Far worse than mere falsehood," he said, "is that the claim deliberately plays to the most hateful, vicious stereotypes and fears about gays and lesbians — that they are out to recruit (and perhaps even seduce) children."

Dorsey told me that this was part of a clear political campaign. "I would argue that the Catholic bishops in California made a cold, calculated, Karl Rovian decision that they were going to put a lot of skin in the game, so to speak, to beat gays and lesbians," he said, "even to the exclusion of prevailing on, say, Prop. 4 about parental notification for abortion. One would assume abortion is still opposed by Catholic bishops, right? Well, one would hardly have known it by this election. Gays and lesbians were the archbishop’s enemy this year, and abortion got a pass."

Again: I don’t expect the Catholic church to change its position and start marrying same-sex couples, not any time soon, anyway. And Niederauer can’t be expected to openly break with the Vatican. But for the archbishop of a city like San Francisco — a church leader who has a surprising number of queers and same-sex couples in his flock — to put so many resources into going after people with such an un-Christian hatred was over-the-top unnecessary. And by the way, this guy never talks to the press and won’t return my phone calls.

The good news, of course, is that the archbishop and his colleagues are on the losing side of history. Catholics voted for Prop. 8 by a 64 percent margin — but people under 30 (of all faiths and ethnic groups) voted against it by about the same percentage. Same-sex marriage is going to be part of the nation’s future, whether Niederauer likes it or not.

CFAC: Court did its job on Prop. 8

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By Peter Scheer

Although its name did not even appear on the ballot, the California Supreme Court was perhaps the state’s biggest loser in Tuesday’s historic elections. The voters’ narrow approval of Proposition 8 effectively reverses the high court’s controversial decision earlier this year, which extended the right to marry to same-sex couples.

The court knew the risks. The statute it declared unconstitutional in In re Marriage Cases was itself the result of a statutory state ballot initiative in 2000. In overturning that assertion of popular will, the court no doubt realized it was setting the stage for a further confrontation in which opponents of gay marriage would try to override the court’s decision through the initiative process, this time amending the state constitution.

Critics will say that Chief Justice Ron George’s Supreme Court is guilty of overreaching – that, by interceding in a political and cultural struggle, the court has suffered a loss of prestige and
institutional authority. But while it’s clear, in hindsight, that the George court miscalculated the depth of opposition to gay marriage in the blue state of California, that does not mean the court’s landmark decision in In re Marriage Cases was a mistake.

For one thing, California’s gay-marriage battle is not over. Proposition 8 is still subject to challenge under the U.S. Constitution for, among other things, its selective cancellation of a
previously granted substantive right. Although a decision founded in federal law would be subject to review in the U.S. Supreme Court, there is no certainty the federal high court would elect to decide the case – or, if it did, that it would end up sustaining Proposition 8.

Proposition 8 is also subject to challenge under the California Constitution, even though the proposition is itself a constitutional amendment. This is so because, although the voters can, through the initiative process, add language to the constitution, it is the responsibility of the California Supreme Court to interpret new constitutional language – and, where necessary, to reconcile it with other, equally valid yet potentially conflicting, constitutional directives.

In the latter category is the most important aspect of In re Marriage Cases: the George court’s decision to analyze legal classifications based on sexual preference under the same rigorous standard of “strict scrutiny” usually reserved for classifications based on race, religion or ethnicity. This portion of the court’s decision is not altered by Proposition 8, and it will be front and center in any litigation against Proposition 8 under state law. While the courts can’t void Proposition 8 on this basis, applying strict scrutiny to Proposition 8’s language is likely to yield a prohibition against gay marriage that is much weaker than the measure’s authors and
supporters intended.

But even if the state Supreme Court takes neither of these paths, leaving Proposition 8 intact (at least until a new electoral majority, in another ballot initiative, repeals it), the court is to be applauded for attempting to resolve a pressing social question – whether to allow gays and lesbians to marry – that the other branches of government had proved incapable of addressing.

In this area and others, it falls to the George court to fill a widening governance gap created by a Legislature that is paralyzed by political divisions and a governor who, despite Arnold
Schwarzenegger’s forceful personality, has little real power compared with other chief executives. (Imagine a federal government in which the attorney general and other top executive branch officials are not appointed by, or answerable to, the president.)

When elected representatives don’t act, the people do, taking the law into their own hands through ballot initiatives, Proposition 8 being only the most recent major example. In this process of direct democracy, an assertive, even activist, Supreme Court is necessary to guard against excesses and to protect the rights of groups disfavored by the majority.

It was in this capacity that the George court, to its credit, issued its decision in In re Marriage Cases, establishing a constitutionally based right to same-sex marriage. Although Proposition 8 is clearly a setback for the court, the damage done to the court’s authority, while considerable, will not be permanent.

===
Peter Scheer, a lawyer and journalist, is executive director of the
California First Amendment Coalition, www.cfac.org.

Nader sullies his legacy

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By Steven T. Jones

I’ve never apologized for voting for Ralph Nader in 2000 — even as I criticized his decision to run this year and that of Matt Gonzalez to join him as his running mate (for which I was widely criticized by progressives) — but I’m tempted to do so now. While I have enormous respect for Nader’s accomplishments as a consumer activist and populist hero, I do regret helping to elevate him to a position where he can do such damage to the progressive movement with reckless, divisive, racially insensitive remarks like those he made on election night, when he equated Barack Obama with Uncle Tom.

When even Fox News thinks that you’re being a racist and callous jerk, it’s probably time to gracefully withdraw from public life, as I hope Nader now does. He got about 1 percent of the national vote, just under that in California and just over it in San Francisco, where his choice of Gonzalez should have made him do better if there was any productive role for his campaign to play in national politics. Electoral reform is still an important issue, and I believe in breaking the lock of the two-party system and its sponsorship by corporate America, but Nader as a candidate is clearly no longer the best vehicle for that message. In fact, he’s now undercutting it. Goodbye, Ralph, I’m sorry it had to end like this.

NCIBA /IndieBound Bestseller List

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The Northern California Indie Bestseller List, as brought to you by IndieBound and NCIBA, for the sales week ended Sunday, November 2, 2008. Based on reporting from the independent booksellers of the Northern California Independent Booksellers Association and IndieBound. For an independent bookstore near you, visit IndieBound.org.

Newsom laments Prop 8 win

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by Amanda Witherell

newsom11.5.08.jpg
Mayor Gavin Newsom in the Prop 8 spotlight. Photo by Luke Thomas, Fog City Journal

Mayor Gavin Newsom expressed equal awe over seeing an African American elected president of the United States and a ban on gay marriage in California. “First and foremost it was an extraordinary night last night…for the country…and for civil rights,” he said at a crowded city hall press conference on the day after the election. But when it came to the rights of another population, he lamented, “I never thought in my lifetime that I’d see a constitution changed to take rights away.” He expressed particular dismay that California, “a state that has always been on the leading edge,” has become “the first state in the history of this country to take rights away.”

“Because they did nothing except fall in love and say ‘I do,’” he repeated several times.

He pointed out that the 2008 victory of Prop 8 passed with a slimmer majority than the last attempt in 2000. “We are moving in the right direction,” he said. “Millions and millions of people said it’s wrong to take rights away from people.” And he remained upbeat: “It doesn’t make me proud but it doesn’t make me, in any way, shape, or form, pessimistic.”

With some stirring words he connected the history of social change in America to the gay rights movement, concluding, “Everyone deserves the same opportunities, the same privileges, as everyone else. Separate is not equal.” For different genders, races, and ethnicities the basis of equality is a founding principle in the constitution, which has now been altered. He maintained that opponents of Prop 8 will someday be on the right side of history. “How can we, in 2008, argue for a separate track based on sexual orientation?”

And he cautioned Prop 8 supporters. “Don’t be gleeful at the expense of human beings whose lives have been devastated.”

When questioned, Newsom expressed support for City Attorney Dennis Herrera’s efforts to invalidate Prop 8. This morning Herrera, along with city attorneys from Los Angeles and Santa Clara, filed a writ of mandate with the California Supreme Court, arguing “that the California Constitution’s equal protection provisions do not allow a bare majority of voters to use the amendment process to divest politically disfavored groups of constitutional rights,” according to a press release.

Newsom cast off as “irrelevant” speculation that his run for governor would see some fallout from his vocal opposition to Prop 8, and said he hadn’t given much thought to what his continued advocacy for gay rights would be.

Late night on the Prop. 8 watch

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Anna Rendall reports:

Now that The First Big Win was out of the way, the happy masses thronged down the halls of the Westin St. Francis Hotel to the next meeting room where the focus was on No on 8. That was before 10 p.m.

By midnight, the halls were cleared and in the ballroom, scattered couples danced leisurely to “New York, New York” as others booed and hurrahed the overhead projector, which showed poll results from different counties in California. San Francisco got a big whoop from the crowd for its No on 8 votes, but others, like Sutter County with a 70 percent approval of Proposition 8, didn’t fare well with the audience. By the time the crowd was gently sent off, no solid results had come in.

On the Obama campaign trail

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OPINION I live and have always lived in a bubble, isolated from most of America. I grew up in Los Angeles, where I attended a high school so liberal that almost the entire student population wore black the day after Bush won his second term. Now I attend UC Berkeley, a historically ultra-liberal university in one of the most progressive cities in the United States.

That’s why I decided to join 30 of my fellow UC Berkeley students and go to North Carolina to campaign for Obama the final week before the election. Not only did I want to make a difference I felt I couldn’t make from California, I wanted to experience first-hand what the rest of the country is like.

In some ways, North Carolina was exactly the way I expected it to be: full of white steepled churches, swirling autumn-colored leaves, and drive-through fried chicken restaurants called Bojangles. In other ways, it wasn’t. I thought I’d be talking mostly to undecided voters and people leaning toward the right. Instead I worked mostly with Democrats, making sure they know where their polling locations are and how to protect themselves against voter disenfranchisement.

I talked to all kinds of North Carolinians. I visited student dorms, low-income housing complexes, and beautiful Southern-style mansions. The Obama campaign was thrilled to have so many Californian volunteers at its disposal: there’s a large Hispanic community here, and few native North Carolinians speak Spanish. My Spanish isn’t perfect, but if I hadn’t gone around to Hispanic communities asking Ya esta registrado? on Nov. 1st, the last day to register in North Carolina, many people wouldn’t have gotten the chance to vote.

While I encountered a few ultra-conservative crazies (one man told me he wasn’t voting for Obama because he was "probably" the Antichrist), most people oozed Southern hospitality. I probably gained five pounds from all of the free food thrust at us at every polling station. One generous volunteer let all 30 of us stay in his house.

My cohorts and I snuck into a Sarah Palin rally one night. Unfortunately, we had to leave before she spoke (according to our campaign manager, there were more productive things for us to do than gawk at children carrying "Pro-lifers for Palin" posters). But I felt like I was a spy in an enemy camp, surrounded by people in pink "pitbulls with lipstick" T-shirts. I was definitely far away from my little liberal bubble.

Most satisfying was the feeling I got every time I inspired someone undecided to vote. I spoke with a man one day who was somehow under the impression that Obama was nine points ahead in the North Carolina polls. When I assured him that that was far from the case, he decided to vote. I’ve never felt so powerful before.

In completely unrelated news, I am no longer a vegetarian. I decided to sample a different fried chicken restaurant every night. I highly recommend the Bojangles fried chicken biscuit sandwich (with extra honey) if you’re ever in the area.

Guardian intern Katie Baker sent this piece from the campaign bus.

Power possibilities

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By Amanda Witherell


› amanda@sfbg.com

GREEN CITY San Francisco’s energy future is in flux. On Nov. 4, voters decided the fate of Proposition H, a plan for 100 percent renewable energy by 2040. On the same day, the Board of Supervisors was set to consider a proposal from Mayor Gavin Newsom to retrofit the 32-year-old Mirant Potrero power plant to meet a state mandate for local electricity generation.

The results of both votes occurred after the Guardian deadline, but either way, the city’s energy policy is uncertain, particularly after serious doubts about the viability of the mayor’s proposal were raised at an Oct. 22 Land Use and Economic Development Committee hearing.

The retrofit was hastily developed as an alternative to longstanding plans to replace heavily polluting units of the Mirant plant with new, cleaner, city-owned peaker plants. That plan was derailed after a meeting in May between Newsom and seven Pacific Gas and Electric Co. executives, who were apparently concerned about the city generating its own power.

The Mayor’s office calls the retrofit a "bridge" to a renewable energy future and contends it can be cheaper than and as clean as the city’s peakers. Yet at the hearing, Mike Martin, who’s evaluating the retrofit project for the San Francisco Public Utilities Commission, said no retrofits have ever reached the emissions goals cited in Newsom’s proposal.

Jeff Henderson, senior project manager for Mirant, defended the $80 million price tag for the project (which is about $30 million cheaper than the city’s plan) but also said that they were "giving a price on a project that’s never been done before." Martin said the permits alone would be twice the price stated in a Mirant-commissioned feasibility study.

Chair of the committee Sup. Sophie Maxwell, who represents the district where the plant is sited, cast cost aside, saying that human lives and the lowest possible emissions were more important to her. Her district has the highest incidences of asthma and cancer in the city.

The retrofit would still emit more nitrogen oxide, carbon monoxide, sulfur dioxide, and particulate matter than the city’s peaker plants but the Mayor’s Office is banking on it operating less, thus emitting less overall. The numbers crunched for the study by CH2M Hill presume Mirant operating about 156 hours a year, though it is permitted for 877 hours. The city has sued the company in the past for exceeding its permitted hours.

When questioned if the 97 percent emissions reduction proposed was possible, Henderson said, "The only thing that leads us to believe that is we had vendors who would say they could meet that under contract."

Maxwell invited three potential vendors to the hearing. All said the industry standard was 90 percent emissions reduction and that it was infeasible, if not technically impossible, to reach 97 percent. To try may even result in a net gain of particulate matter emissions because the plant would need more ammonia catalyst.

But the Mayor’s Office remained confident in the project. "The experts that presented before the committee were all experts attached to the CT project, so I would not consider them independent third-party experts," Newsom’s director of government affairs Nancy Kirshner-Rodriguez told the Guardian.

Bruce Schaller, vice president of Kansas-based power company Sega, said he wouldn’t bid on this job under the current parameters because, "We would be associated with a project that was a failure."

Tom Flagg, president of Equipment Source Company, said the project was "completely illogical and impossible to do." He pointed out that emissions vary widely. "You have surges in emissions levels. Sometimes it’s 94 percent, sometimes it’s 84 percent … A 97 to 98 percent reduction is impossible because in order to maintain that they have 100 percent reduction at times. It’s an average."

The need for new power generation in San Francisco has been pushed by the California Independent System Operator (Cal-ISO), but environmental groups have urged the city to challenge that mandate. Former California Public Utilities Commission president Loretta Lynch, who spoke against the retrofit plan at the hearing, told the Guardian afterward, "The ISO are ideologues, not engineers. They have no basis in fact that we need any peninsula power production."

Supervisors passed a resolution asking the SFPUC to develop a transmission-only plan to meet Cal-ISO’s reliability demands. The SFPUC said it will present something within the next couple of months.

Obama and Prop 8

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Sarah Phelan reports from the Obama party at the Westin St. Francis:

It’s been a real scene here – people high-fiving on the streets and shouting ever since we heard about Obama. People yelling “Back to the icebox,” when Palin came onscreen during McCain’s concession speech.

Earlier I was at No on Prop 8 HQ — at the beginning, woth 5 percent of precincts reporting, yes on 8 was leading by 54%. The guy next to me said, “this is gonna be a looong next couple of hours once the Obama euphoria wears off!” A woman said, “I hope just a geographical bias,” citing Fresno and Bakersfield as likely culprits.

Newsom was supposed to show at No on 8 HQ, but hasn’t yet — which may not bode well. Apparently he’s in LA.

Geoff Kors of Equality California advised everyone here to buckle their seat belts. “We’ve still got a long way to go,” he said.

Tom Ammiano was on hand to cheer us all up, though. “The bad guys are winning,” he said, “by a small margin in the south.”

Strong start

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By Steven T. Jones

Democrats have already picked up three new U.S. Senate seats by beating back Republican stalwarts Liddy Dole and John Sununu, and Obama has won Pennsylvania and Michigan and is looking good in the battleground states of Ohio and Florida (which would mean “game over” for the McCain).
With two hours of voting still to go in California, the winds of change are already starting to blow our way from the east. But it’s not enough to win — for the change we need, this election has to carry with it a strong mandate for fundamental reform. And that means maintaining San Francisco’s status as a progressive leader in the country, so keeping pushing and voting.

Election day luncheon in SF

2

willie.jpg
Former Mayor Willie Brown, with luncheon co-hosts Angelo Quaranta (left) and Alex Clemens (right) behund.

By Steven T. Jones

I ran into Willie Brown as we were both headed into today’s Election Day luncheon at the California Culinary Academy – a two-decade-long tradition hosted by political power brokers Angelo Quaranta and the late Bob McCarthy (with Alex Clemens now stepping into that host role) – and asked for his electoral predictions.

“There’ll be no surprises,” Brown told me, “not a one.”

I took that as a hopeful sign that Barack Obama will win the presidency by an electoral landslide and Democrats will add significantly to their congressional majorities, but it didn’t tell me much about tonight’s nail biters, including the fate of the same sex marriage Proposition 8 or the balance of power on the Board of Supervisors.

Inside, many of the political luminaries expressed real anxiety over Prop. 8, including Sen. Dianne Feinstein, who warned Brown and the media against any early Obama victory parties that might hurt Prop. 8, the high-speed rail bond measure Prop. 1A, or the other crucial measures that need every Obama supporter they can muster.

A classic Kopp smackdown

3

Watching former Sup. and State Sen. Quentin Kopp take on a bumbling politician or incompetant bureacrat used to be one of the great works of political theater in California. Now that he’s a retired judge, who has to show some sort of judicial temperament, you don’t see it as often, but this smackdown of Republican state Sen. Roy Ashburn, in a hearing on high-speed rail, is one for the ages.

(Thanks to Ken Bruce for the tip, and for pointing out the wonderful YouTube title:

October 23, 2008, in the California State Senate: Quentin Kopp delivers an epic smackdown to galactic
asshat Senator Roy Ashburn of Bakersfield

Bonjour joie

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› kimberly@sfbg.com

SONIC REDUCER Zut alors, where is the joie, mademoiselles? Judging from the current pop charts, rage is all the rage: girls just want to "start a fight" is the message from Pink, Brit, and Katy Perry, even as pop’s queen Beyoncé, a.k.a., Sasha Fierce, chooses the somber rather than ferocious path with "If I Were a Boy."

Maybe it’s too much to ask for a recession-wracked America to find a battered vein of real happiness. And perhaps that’s why I’m looking for bliss overseas. You have to be a crusty old croissant to not succumb to the wholesomely sexy, gallic-girls-just-want-to-have-fun charm of Yelle, née Julie Budet. In a year when every pop thang coming out of Francophone music-makers seems to exude a freshness that escapes rage-aholic American pop, along comes Yelle with the cutest bob this side of Rihanna and those prep-cool dancing boys in "A Cause Des Garçons." Not for nothing does Budet’s acronym nom de plume stand for "You Enjoy Life." Could this be the new yé-yé?

Resembling a sprightly Feist onstage, the jeune fille also coughed up the catchiest bit of whistle(-along) bait since Peter Bjorn and John’s "Young Folks": "Ce Jeu." Yelle’s palpable ’80s-throwback aesthetic crossed with the twirly-girly, smiley-faced nouveau-rave dancefloor vibe in the "Je Veux Te Voir" video — squeaky-cute aerobics, girl-gang dance moves, and a crayon-bright pop aesthetic, oo-la-la — evokes the seemingly last microsecond of dance-pop innocence when Her Madgesty, Salt-N-Pepa, and J.J. Fad ruled the school canteen. Who needs to speak the language when confronted with the inexorable, happy-sad-but-mostly-happy sizzle of "Tristesse/Joie," given a Reebok commercial makeover this past summer?

So why France and why now? According to Budet, "maybe because France is well-located between English pop, German electro, and American production! It’s geography!"

Mais oui, Budet enjoys life — and exclamation points! Though our trans-Atlantic phone tête-à-tête didn’t materialize, I managed to connect via e-mail with the Bretagne-born vocalist, who’s more comfortable answering questions in writing when she isn’t slinking around onstage like a T-shirted electro-pop whippet. Of course, she isn’t quite as wholesome as she might appear: her first MySpace hit — "Short Dick Cuizi," a poke at Cuizinier of French hip-hop group TTC and an early incarnation of "Je Veux Te Voir," famously samples the bassline of "Short Dick Man." "The songs are about our lives and our productions," she writes. "I think about everything in Pop Up [her new debut on Source Etc/Caroline/EMI]: dildos, but death, too."

Some fans might be taken aback by Budet’s live appearances, which are low on the diva-esque antics and high on the every-girl bounce. "We naturally worked hard on our show," she writes, predicting ghosts onstage for her Halloween appearance. "It’s normal for us to give a real show, not only the songs like on the album. Drums bring a lot of energy, and we build our live set like a DJ set, mixing the songs together, adding production. We have a compromise that seems to work: we rock the dancers and we dance the rockers!" So get your fill of Yelle because 2009 will be "the year of the break," Budet suspects. "We have to take time at home or people are gonna hate us, ahah!"

YELLE

With Passion Pit and Funeral Party

Fri/31, 9 p.m. doors, $20–$25

Mezzanine

444 Jessie, SF

www.mezzaninesf.com

PRECIOUS, PRECIOUS

Forget Uncle Sam: the post-punk superstar among us, Blixa Bargeld, needs you. The Einsturzende Neubauten frontperson, onetime Bad Seed, and current San Francisco resident has a new project — this after his wonderfully wry, dry-humored Rede/Speech performance here in 2006: The Execution of Precious Memories. Bargeld composes a new libretto for each performance, using memories gathered from questionnaires filled out by anonymous denizens of the performance site. To create this piece in its tenth iteration — and for the first time since 2001 — Bargeld plans to collaborate with the musicians of Nanos Operetta and the dancers of Kunst-Stoff. "It’s a poetical process," says Bargeld by phone. "There’s something fictitious about memories. The moment you give away a memory and fix it in a form and have it seen by someone else it becomes a piece of fiction. It’s not connected to yourself any longer." So let go and risk seeing intimate memories transformed: Bay Area residents are invited to go to www.blixa-bargeld.com/VKESF to fill out the 50-question survey — give it at least 30 minutes, cautions Bargeld — before the Nov. 1 deadline.

NO REST

THE SPINTO BAND


The revered indie rockers definitely weren’t sprinting when it came to getting out Moonwink (Park the Van/Fierce Panda). Sat/1, 10 p.m., and Sun/2, 9 p.m., $12–$14. Bottom of the Hill, 1233 17th St., SF. www.bottomofthehill.com

DIPLO, ABE VIGODA, TELEPATHE, AND BOY 8 BIT


Eclecticism? OK! The "Mad Decent" tour mixes the DJ-producer with NorCal’s art-punks, Brooklyn art-dreamers, and a London minimalist beatmaker. Mon/3, 8 p.m., $16. Great American Music Hall, 859 O’Farrell, SF. www.gamh.com

SECRET MACHINES AND THE DEARS


How do you turn a backlash around? Give a listen to the ambitious new space-psych Secret Machines (TSM). And the Dears continue to endear with Missiles (Dangerbird). Mon/3, 8 p.m., $22. Independent, 628 Divisadero, SF. www.independentsf.com

HUBERT SUMLIN


The blues guitar legend made a lasting impact on rock thanks to his work with Howlin’ Wolf. With Mitch Mitchell and Billy Cox, Buddy Guy, and others. Mon/3, 8 p.m., $45–$79.50. Masonic Center, 1111 California, SF. www.ticketmaster.com

Shades of green

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› news@sfbg.com

California’s major environmental groups have long called for the state to do more to promote a switch to renewable energy sources, yet they widely oppose two state ballot measures that claim to do so, urging votes to reject Propositions 7 and 10 as false promises. On the local level, however, the environmental community strongly supports Proposition H, the Clean Energy Act, against well-funded attacks by Pacific Gas & Electric Co.

Prop. 7 would require utilities to acquire half their power through renewable energy resources, and Prop. 10 would provide $5 billion in alternative fuel research and development. Dan Kalb, policy coordinator for the Union of Concerned Scientists, believes the basic goal of Prop. 7 is great, but that its execution would not work. "It’s something that sounds very good," Kalb told us. "Everyone is concerned about renewable energy, but we can’t afford to pass a law that isn’t going to work."

Opponents of Prop. 7 have argued that it is poorly written, would decrease current fine levels for noncompliance, and has many loopholes that only the largest producers can take advantage of. Natural Resources Defense Council media director Craig Noble told us, "It just doesn’t make sense. It’s deeply flawed … it’s so poorly written."

Proponents claim that it’s not poorly written, but that opponents have simply misread it. For example, opponents say Prop. 7 could exclude small businesses that generate less than 30 MW of renewable power. But proponents say they have misread Section 14 of the proposition, causing this confusion. Yet on Aug. 7 a Superior Court judge ruled that Prop. 7 could exclude those small businesses.

In all, the Yes on 7 campaign has 25 endorsements from politicians, organizations, and groups while the No on 7 campaign has more than 400 from politicians, organizations, groups, and cities opposing the measure.

"We’re extremely concerned that [Prop. 7 will] set us back, not move us forward," Kalb said.

If passed, Prop. 10 will authorize $5 billion in general obligation funds for alternative fuel research and development, but require $10 billion to be paid back over 30 years once interest has been figured in. Richard Holober, executive director of Consumer Federation, called the measure, "a $10 billion raid on California’s treasury."

He went on to tell the Guardian that public support for research of this kind is important, but that, "Prop. 10 has no accountability. It is filled with incredibly huge loopholes."

Under Prop. 10, a rebate will be given to consumers who purchase clean energy cars. At the same time, they can keep their old vehicles and potentially sell them. Yes on 10 media contact Amy Thoma confirmed this. Holober stated that California already has programs in place that require owners to scrap or donate their polluting vehicles after they receive a rebate; they also require residency in California.

Opponents of Prop. 10 also point out that the proposition requires no net decrease in pollution, meaning that new vehicles can be as polluting as those they replace, as long as they do not pollute more. Yet Thoma claims the measure will reduce emissions by a total of 4.1 million tons per year.

Noble told the Guardian: "We need to be reducing our dependence on fossil fuels, but Props. 7 and 10 are not the way to do it."

As for Prop. H, the measure would require that by 2017, half the energy sold in San Francisco would be from renewable energy sources, rising to 100 percent by 2040. It also calls for the city to study how best to achieve that goal, including if public power projects could play a role.

Corey Cook, an associate professor of political science at the University of San Francisco, told the Guardian that "Prop H is a small but not insignificant first step toward public power in San Francisco. [It] authorizes, but doesn’t actually do anything aside from creating a study to determine the feasibility and cost of buying out PG&E’s electricity grid and having the city generate power."

Environmentalists have rejected Props. 7 and 10 because they are written poorly and counterproductive, but they embrace Prop. H because it simply increases renewable energy standards, includes numerous procedural safeguards, and, as Cook said, "takes a first step toward public power."

Future present

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› a&eletters@sfbg.com

"I remember in the beginning I used to fuck around and not care about anything at all," says Steven Ellison, who records under the guise Flying Lotus. "But now it’s, like, Thom Yorke likes my music, dog. Now I think, oh shit, will Thom like this beat?"

It must be a happy conundrum to wonder if one of the world’s biggest rock stars will like your new song. Tinkering around his studio in Winnetka, a sleepy suburb in the San Fernando Valley, Flying Lotus works on a long-distance project with Burial. When he’s done, he’ll send the track over to the United Kingdom for the junglist producer to tweak. News of Flying Lotus collaborating with Burial, two of electronic music’s freshest new stars, will probably make some fans smile with pleasure. From Radiohead’s Yorke and Portishead’s Geoff Barrow — who recently noted in an interview with Remix that Flying Lotus makes "pure, mad music" — to the beat heads who ravenously scoop up any new Lotus material, everyone seems to love FlyLo.

So how did Flying Lotus become the so-called Chosen One? Los Angeles teems with a renaissance of kindred spirits. Carlos Niño (whose range includes Gaby Hernandez’s progressive folk valentine When Love [Armed Orphan] and Lil Sci’s rap treatise What’s the Science? [Shaman Work]), Daedelus (who blends early 1990s zoo rave with film soundtrack compositions) and Nobody (whose Nobody Presents Blank Blue: Western Water Music Vol. II [Ubiquity] eyes ’60s-ish psychedelic pop) all use electronic music as a starting point for forays into various genres.

Andrew Meza, who hosts BTS Radio on CSU-Fullerton and was an early champion of Flying Lotus, compares the scene to the vaunted "New Hollywood" wave of American directors in the early ’70s. "It’s a really small group of people doing really cool things," he says. In his opinion, Flying Lotus stands out in part because of his studio techniques. Although the artist records in a bedroom, his music sounds as polished as a major label product.

"People used to say this about Dilla — and I’m in no way comparing him to Dilla — that [when he finished beats] it sounded like everything was already EQ’ed and mastered," Meza says. "With [Lotus], his shit seems so much louder and bass-y."

Now, as a leader of the flourishing beat movement, Flying Lotus has launched a digital label, Brainfeeder, to issue projects from like-minded friends such as Samiyam and Ras G. To promote the label, he’s throwing a Brainfeeder Festival Nov. 8 at 103 Harriet St.

The best music often sounds like everything and nothing before it. Flying Lotus’ work evokes comparisons to J Dilla and Madlib and fits neatly into flavor-of-the-moment trends like 8-bit and dubstep, yet it is also excitingly unique. He utilizes standard bedroom production equipment, including a MacBook Pro and a Novation 25 MIDI controller, to make hauntingly fluid and improvisatory sounds. "My whole setup is probably less than a couple of Gs, man," he says by phone from Winnetka.

He samples other people’s work, then renders the sounds so unrecognizable he often can’t remember what they originally were. On Los Angeles (Warp), Flying Lotus pays homage to his late aunt, the great jazz pianist and harpist Alice Coltrane, by appropriating material from her 1968 debut, A Monastic Trio (Impulse!), for "Auntie’s Harp." "I tried my best to transform all the harp stuff so it didn’t sound like the original, but still had the essence," Flying Lotus says. "SexSlaveShip" builds on a more obscure source: ambient/acoustic folk artist Matthew David’s Spills (Plug Research). Another track, "GNG BNG," draws inspiration from DJ Shadow’s breakbeat experiments of the late ’90s.

As a result, Los Angeles, released in June, is part modern-day homage to California’s holistic vibes and progressive utopianism, and part science-fiction film, making for an arresting future present. "It’s the classic hero’s journey kind of thing, basically a story like a film," Flying Lotus says, adding that the movie that initially inspired him was Ridley Scott’s classic 1982 dystopia Blade Runner. "It’s the soundtrack to a movie that doesn’t exist."

The recording’s mood ranges from the deeply reflective vibes of "Golden Diva" to the steel drum-speckled techno funk of "Parisian Goldfish." There are a few vocal pieces on Los Angeles, particularly the lushly sensuous "RobertaFlack" with Turkish artist Ahu "Dolly" Keleslogu, whom Flying Lotus met online. For the most part, however, its liquid hip-hop instrumentals sing louder than words. As FlyLo puts it, "I wanted to make music that didn’t need a voice."

BRAINFEEDER FESTIVAL
With Flying Lotus, Gaslamp Killer, Kode 9, Hudson Mohawke, Ras G, Samiyam, Kutmah, and Martyn
Nov. 8, 9 p.m., $15 advance
103 Harriet, SF
www.blasthaus.com

Chickens and the egg

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› news@sfbg.com

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

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

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

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

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

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

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

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

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

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

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

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

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

Some local residents feel the odor comes with the territory.

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

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

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

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

The stealth candidate

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› news@sfbg.com

Ahsha Safai is hoping to be elected to the Board of Supervisors without answering questions about his padded political resume of short-lived patronage jobs, greatly exaggerated claims of his accomplishments, history as a predatory real estate speculator, connections to and coordination with downtown power brokers, shifting and contradictory policy positions, or the many other distortions this political neophyte is offering up to voters in District 11, a crucial swing district that could decide the balance of power in city government.

Safai has refused numerous requests for interviews with the Guardian over the last two months. We’ve even left messages with specific concerns about his record and positions. But our investigation reveals his close political ties to the downtown interest groups that have spent close to $100,000 on his behalf and shows him to be a shameless opportunist who is apparently willing to say anything to achieve power.

There’s much we don’t know about Ahsha Safai, but there’s enough we do know for a consistent yet troubling portrait to emerge.

Safai moved to San Francisco from Washington, DC with his lawyer wife in 2000, and immediately began to ingratiate himself into the mainstream Democratic Party power structure, starting as a legislative liaison with the corruption-plagued San Francisco Housing Authority and joining Gavin Newsom’s mayoral campaign in 2003.

Safai became a protégé of Newsom’s field director Alex Tourk, who was a top Newsom strategist for several years until he abruptly resigned after learning that Newsom had an affair with his wife. With support from Tourk (who didn’t respond to our calls about Safai) and Newsom, Safai held a string of city jobs over the next three years, moving from the Mayor’s Office of Community Development to the Mayor’s Office of Neighborhood Services to the Department of Public Works, all of which he touts on his Web ite, greatly exaggerating (and in some cases, outright misrepresenting) his accomplishments in each, according to those who worked with him. (Few sources who worked with Safai would speak on the record, fearing repercussions from Newsom).

THE CONNECT DISASTER


One project Safai doesn’t mention on his Web site is his work spearheading Community Connect, the most disastrous of Newsom’s SF Connect programs. "It’s the one Connect that the mayor will never talk about," said Quentin Mecke, who participated in the effort, on behalf of nonprofit groups, to create a community policing system. "The whole thing just devolved into chaos and there weren’t any more meetings."

In 2005, Safai and Tourk convened meetings in each of the city’s police precincts to take testimony on rising violence and the failure of the San Francisco Police Department to deal with it. Ultimately Newsom decided to reject a community-policing plan developed through the process by the African-American Police Community Relations Board. That set up the Board of Supervisors to successfully override a mayoral veto of police foot patrols.

"Ahsha’s approach was consistent with the Newsom administration, with folks that talk a good game but there’s no substance behind it," said Mecke, who ran for mayor last year, placing second.

Another realm in which Safai has claimed undeserved credit is on his efforts to save St. Luke’s Hospital from attempts by the California Pacific Medical Center (and CPMC’s parent company, Sutter Health) to close it or scale back its role as an acute care provider for low income San Franciscans.

"When I looked at his campaign material and he says he was a leader who saved St. Luke’s, I thought, ‘Am I missing something here?," Roma Guy, a 12-year member of the city’s Health Commission and leader in the effort to save St. Luke’s, told the Guardian. "Nobody thinks Ahsha has taken a leadership role on this. This is a significant exaggeration from where I sit."

Nato Green, who represents nurses at St. Luke’s within the California Nurses Association, went even further than Guy, saying he was worried about Safai’s late arrival to the issue (Safai wasn’t part of the group that protested, organized, and urged CPMC to agree to rebuild the hospital) and the fact that CPMC appointed Safai to its Community Outreach Task Force as the representative from Distrist 11.

"From our point of view, he is the CPMC’s AstroTurf program, simuutf8g community participation," Green told us. "It’s critical to us that we end up with a supervisor who is independent of CPMC and will go to the mat for what the community needs."

CNA has endorsed Avalos in the District 11 race.

"John was the only candidate in District 11 who came out and spoke at the hearings, attended the vigils, and walked the picket line during the strikes," Green said.


REAL ESTATE SPECULATION


Beyond his association with downtown power brokers and endorsement by Newsom, there are other indicators that Safai is hostile to progressive values. He said in a recent televised forum that he would work most closely with supervisors Carmen Chu, Sean Elsbernd, and Michela Alioto-Pier, the three most conservative members of the Board of Supervisors.

During an Oct. 14 Avalos fundraiser hosted by sustainable transportation advocates Dave Snyder, Tom Radulovich, and Leah Shahum, attendees expressed frustration at Safai’s tendency to pander to groups like the San Francisco Bicycle Coalition, taking whatever position he thinks they want to hear without considering their implications or consistency with his other stands.

"It was a no-brainer for the Bike Coalition to endorse John," Shahum, SFBC’s executive director, said at the event, noting Avalos’ long history of support for alternatives to the automobile.

Avalos, who had been hammered all week by mailers and robocalls from downtown groups supporting Safai, said he was frustrated by the barrage but that "we can fight the money with people.

"Ahsha has done everything he can to blur the lines about what he stands for," Avalos said. "Whoever he’s talking to, that’s who he’s going to be. But we need principled leadership in San Francisco."

One area where Safai doesn’t appear to be proud of his work is in real estate, opting to be identified on voting materials as a "nonprofit education advisor." One of his opponents, Julio Ramos, formally challenged the designation, writing to the Election Department that the label "would mislead voters and is not factually accurate, the term ‘businessman’ or ‘investor’ denotes the true livelihood of candidate Safai."

Safai responded by defending the title and writing, "My dates of employment at Mission Language Vocational School were from August 2007 through February 2008." So, because of his seven-month stint at this nonprofit, voters will see Safai as someone who works in education, even though his financial disclosure forms show that most of his six-figure income comes from Blankshore LLC, a Los Altos-based developer currently building a large condo project at 2189 Bayshore Blvd. that is worth more than $1 million. (That’s the top value bracket listed on the form, so we don’t know how many millions the project is actually worth or how much more than $100,000 Safai earned this year).

But we do know from city records that Safai has personally bought at least three properties during his short stint in San Francisco, including one at 78 Latona Street that he flipped for a huge profit after buying it from a woman facing foreclosure, who then sued Safai for fraud.

The woman, Mary McDowell, alleged in court documents that real estate broker Harold Smith, "unsolicited, came to plaintiff’s residence and offered assistance to her because her homes were in foreclosure … [and said] she would receive sufficient money after sales commissions to reinstate the loans on the four other properties."

The legal complaint said Smith then modified those terms to pay McDowell less than promised and arranged to sell the home to Safai and his brother, Reza. "Plaintiff is informed and believes and thereon alleges that defendants did not promptly list her residence on the multiple listing service to avoid larger offers on the home and conspired with the other defendants to purchase the home at a far less than market price," reads the complaint.

The case was originally set for jury trial, indicating it had some merit. But after numerous pleadings and procedural actions that resulted in the plaintiff’s attorney being sanctioned for failing to meet certain court deadlines and demands, the case was dismissed.
But whatever the merit to the case, records on file with the county assessor and recorder show that Safai and his brother flipped the property for a tidy profit. They paid $365,500 for the place in December 2003 — and sold it two year later, in December 2005, for $800,000.
Labor activist Robert Haaland told us that Safai can’t be trusted to support rent control or the rights of workers or tenants: "At the end of the day, he’s a real estate speculator."