David Campos

Backroom Ed Lee mayoral deal raises suspicions

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Last night’s dramatic eight-hour Board of Supervisors meeting, at which six supervisors suddenly came together around naming City Administrator Ed Lee to succeed Gavin Newsom as mayor, was a classic case of backroom dealing making, the full results of which the public still doesn’t know. And it is those unknowns that have progressives rightfully pissed off and distrustful of the choice.
On the surface, both Lee and the progressives’ preferred pick, Sheriff Michael Hennessey, are similar figures who fit Newsom’s demand for a nonpolitical caretaker mayor. He has publicly said both would be acceptable, and both have some impressive progressive credentials as well.
Lee was a civil rights attorney who help run the Asian Law Caucus before being hired by then-Mayor Art Agnos as an investigator for whistleblower complaints, and he’s worked for the city ever since, serving as executive director of the Human Rights Commission and director of the Department of Public Works. Newsom moved him in the powerful post of city administrator in 2005 and he was recently approved for a second five-term for that job, unanimously approved by the Board of Supervisors.
Sup. Bevan Dufty and other supervisors had even talked to Lee about being interim mayor, and he has consistently said that he didn’t want it – until a couple days ago. That’s when Newsom and the fiscal conservatives on the board suddenly coalesced around Lee, who apparently changed his mind while on a trip to China, from which he is scheduled to return on Sunday, although that might be moved up now that the board has delayed the vote choosing him until Friday afternoon.
That delay was won on a 6-5 vote, with moderate Sup. Sophie Maxwell heeding progressive requests for an opportunity to at least be able to speak with Lee before naming him the city’s 43rd mayor. “I don’t think we should make such a decision blindly,” Sup. John Avalos said.
It was a reasonable request that neither the fiscal conservatives nor Board President David Chiu, the swing vote for Lee in what his progressive supporters angrily call a betrayal, would heed. And the question is why. What exactly is going on here? Because it’s not just progressive paranoia to think that a deal has been cut to maintain the status quo in the Mayor’s Office, as Newsom’s downtown allies have desperately been seeking.
Just consider how all of this went down. Sources have confirmed for the Guardian that Chiu met with Newsom at least twice in recent days, and that Newsom offered Chiu the district attorney’s job, hoping to be able to put a fiscal conservative into the D3 seat and topple a bare progressive majority on the board. Chiu reportedly resisted the offer and tried to influence who Newsom would name to succeed him, and we’ll find out as soon as today who the new district attorney will be.
Closed door meetings also apparently yielded Lee as Newsom’s choice for successor mayor, with both Chiu and Sup. Eric Mar initially inclined to back Lee, who would be the city’s first Chinese-American mayor. After pushing his colleagues for weeks to name a new mayor, Daly tried to thwart the Lee pick by initially seeking a delay, then finally persuading Mar to go with Hennessey as his first choice.
“Politically, he will work for the other side, my progressive colleagues,” Daly said at the hearing, calling it “the biggest fumble in the history of progressive politics in San Francisco.”
As the deliberations began, Mar called Lee his mentor at the Asian Law Caucus and someone whom he respects, but that he preferred to keep Lee in his current post and to support Hennessey, who got five votes on the first round, while Lee got four, including Chiu.
Dufty – who said that he would be supportive of Hennessey for mayor – and Sup. Sophie Maxwell abstained from voting for anyone during the first round. On the second round, Maxwell went with Lee, leaving Dufty as the kingmaker. But rather than decide, he asked for a recess at 8:45 pm, and he and Maxwell went straight to Room 200 to confer with Newsom.
When the board reconvened, Dufty announced his support for Lee. Dufty denies that Newsom offered him anything, but he did confirm that Newsom indicated a preference for Lee and a willingly to help Lee return to his current post next year, which requires some tricky maneuvering around city ethics laws. Similarly, Chiu denies that his support for Lee was anything less than his unconditional preference.
But it’s hard to know. After weeks of Newsom playing games with leaving the Mayor’s Office to assume his duties at lieutenant governor (a stand egged on by his downtown allies and Chronicle editorial writers), it seems likely that Lee has given them some kind of assurance that he won’t rock the boat or side with board progressives on key issues.
Some progressives aren’t ready to accept that Lee will be our next mayor, believing that Chiu, Dufty, or Maxwell can still be shamed into changing their minds, but that seems unlikely. Instead, progressive Sups. John Avalos, David Campos, and Ross Mirkarimi just want to talk to Lee and they hope to be convinced that he’ll work cooperatively with the board and not simply be a Newsom puppet.
“I have been open and I remain open to supporting Ed Lee,” Campos said in support of the motion to continue the meeting to Friday at 3 pm, the day before the new Board of Supervisors is sworn in.
But he and the other progressives are openly questioning the Lee power play. After all, Campos said, his nomination of Hennessey was already an olive branch to Newsom’s side, saying he wasn’t the progressives’ first choice but simply the most acceptable from Newsom’s list. “It was in the spirit of one side of the political spectrum saying to the other side, ‘We want to come together,’” Campos said.
Instead, it was a backroom political deal with carried the day, a deal that Chiu went along with.
“I feel amazingly betrayed right now,” Jon Golinger, Chiu’s campaign manager, told us after the meeting. “It’s a shock…Process-wise, Ed Lee came out of nowhere.”
And that’s antithetical to the progressive values on transparency and public process. So now, it’s up to Lee, Chiu, and the other involved in this deal to fill in a few of the many blanks, and to assure the public that this choice is in the best interests of the whole city.

The vote’s delayed until Friday

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Late at night, a bit of common sense at the board. After Supervisors David Campos, John Avalos and Ross Mirkarimi made the same basic point — that none of them had had a chance to talk to Ed Lee about the job, that Lee wasn’t even in town right now and that it was crazy to vote for a mayoral candidate who hasn’t been part of any process — six supervisors, including Sophie Maxwell, voted for a continuance until Friday, Jan. 7th at 3 pm. So it will be another crazy three days trying to figure all this out.

 

 

Backroom meetings precede today’s mayoral succession vote

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There’s been a flurry of political speculation and backroom discussions leading up to today’s final meeting of the current Board of Supervisors, which is scheduled to consider appointment of a successor mayor to Gavin Newsom starting at 3 p.m., despite Newsom’s refusal to vacate the office and assume the duties of lieutenant governor as he was supposed to yesterday.

After Kamala Harris took her oath of office as attorney general yesterday, Newsom now has the power to appoint a new district attorney, which he’s likely to wrap into his efforts to thwart progressive supervisors from appointing an interim mayor of their liking. So all eyes are on Newsom, as well as Board President David Chiu, and sources tell the Guardian that the two men met this morning behind closed doors.

Could Newsom appoint Chiu as the new DA in exchange for his support on naming a moderate as caretaker mayor? That possibility has progressives bristling with anger and privately threatening to aggressively go after Chiu if he cuts that kind of deal. The other way that Chiu might earn the progressive wrath is if he cuts a deal to become interim mayor that involves lots of support from the moderates.

But it’s also possible that most board progressives would back Chiu for interim mayor, although Sup. David Campos has so far been the most reluctant among progressives to support Chiu, who generally votes with progressives but who has cut a few high-profile deals with Newsom. Sup. Chris Daly told us that he will nominate Aaron Peskin for interim mayor today and Sup. Ross Mirkarimi is backing Art Agnos, who appears to have five votes but probably not six. The moderates are likely to push for Sheriff Michael Hennessey, although Newsom’s stated hope that the board consider his Chief of Staff Steve Kawa is a fantasy that only Newsom is seriously entertaining.

So far, Chiu and his people have been playing their cards fairly close to their vests, so it will be high drama going into today’s meeting. But what happens today is anyone’s guess, with the possibilities ranging from a deal to name a new mayor and DA to another anticlimactic punt of the decision on to the next board, which will be sworn in this Saturday.

Stay tuned.

Progressive supervisors block mayoral appointments

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UPDATED: Progressives on the Board of Supervisors have finally started to push back on Mayor Gavin Newsom for his petulant refusal to vacate Room 200 unless his conditions for choosing a successor mayor are met, with the Rules Committee today blocking nine [UPDATE: seven] of 10 of the mayor’s committee and commission appointments.

Led by Sups. David Campos and Eric Mar, the three-member committee has been voting to continue consideration of the appointees to a future date at the discretion of Chairman Campos, even those who they voice support for. But they are trying to force a more equitable approach to governing the city during this transition period. The meeting is ongoing at this writing and can be viewed live here.

The one exception so far has been San Francisco Public Utilities Commission appointee Vince Courtney, with Mar and Campos voicing the urgency of filling the appointment on a body that is now moving forward Clean Power SF and other important initiatives. But they have blocked the appointment of Andrew Wolfram, Richard Johns, and Karl Kasz to the Historic Preservation Commission, Harry Kim and Herb Cohn to the Relocation Appeals Board, Florence Kong to the City Hall Preservation Advisory Board, Leona Bridges to the Municipal Transportation Agency Board of Directors, and Michael Kim and Leslie Katz to the Port Commission.

Former Sup. Amos Brown lashed out at the move, telling the committee, “I’m appalled to witness what’s happening here.”

But progressives have been equally appalled at Newsom for delaying today’s scheduled swearing in as lieutenant governor, reportedly to Jan. 10 after the new board is sworn in, and for demanding that the supervisors guarantee him that they will only support one of his preferred moderate caretakers for the interim mayor position. Newsom’s office did not return a Guardian call for comment on today’s meeting.

UPDATE 1:25 PM: After hearing more than an hour’s worth of testimony in support of Bridges, the committee unanimously voted to recommend her nomination to the MTA, citing that agency’s urgent need for a nominee from the African-American community who has a strong financial management background. The full board will consider her nomination tomorrow.

UPDATE 2:20 PM: Shortly before adjourning, the committee also unanimously recommended Katz be appointed to the Port Commission, saying that agency urgently needs another good appointee, although Mar indicated he didn’t think Kim was right for the position and that nomination was continued.

Trash talk

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sarah@sfbg.com

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Mayoral dynamics

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steve@sfbg.com

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

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

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

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

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

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

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

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

 

GETTING TO SIX

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

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

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

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

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

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

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

 

PIECES OF THE PUZZLE

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

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

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

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

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

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

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

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

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

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

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

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

Chiu wins holiday bake-off “most artistic” category

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The 4th annual Board of Supervisors holiday treat throw down at City Hall today featured elegant trophies, celebrity judges and fierce competition. The desserts were judged in three categories: Most Tasty, Most Festive and Most Artistic. And the judges seemed to be enjoying themselves as they sampled the goodies and decided on the awards, as the rest of us waited hungrily, dessert forks in hand

Sup. Eric Mar’s legislative aide Cassandra Costello won—and lost—the “Most Tasty” category, after the judges (who city insiders say were playing by hardcore Top Chef rules) deemed her apple tart “most tasty” but too late to qualify.

Sup. Bevan Dufty’s former legislative aide Boe Hayward won the “Most Festive” category for his Giants inspired cake. It didn’t hurt that his super cute 51/2 week-old baby Eloise was on hand to help accept the award.

But when it came to the most artistic category, Board President David Chiu’s “Mud Wrestling on the Board” narrowly beat out Sup. Carmen Chu’s legislative aide Katy Tang’s “Board of Chess-Off”. (Oops: as readers will notice if they read the comments on this post, Katy Tang’s entry was actually titled “Board of Chess-Eff,” a subtle play on the Board of SF. Sorry for the error, KT, and thanks for your fabulous bake art.)

Chiu’s mud wrestling confection featured 11 snow people. Each snow person had a numbered clue attached to help cake eaters identify which supervisor they were supposedly eating.  The clues were as follows: 1 Happy Meals. 2 Swans. 3 Gavel. 4 Her Dog Birdie. 5 Plastic Bags. 6 F-Bomb. 7 Throwing the Microphone. 8 Sidney. 9 Progressive Fists in the Air. 10 Stylishly Dressed. 11 Budget Chair. (Scroll down to find answers to Chiu’s quizz).

Chiu’s entry also came with a print out of what the Board President says is his favorite President Roosevelt quote: “The credit belongs to the man in the arena, whose face is marred by dust and sweat and blood.”  A clue, perhaps, as to how Chiu is feeling about his often-embattled position on the Board.

But while Tang’s Chess-Eff didn’t win the “most artistic award,” it was a classic illustration of what Chiu described as “the three-dimensional game of chess” being played around the choice of the next mayor. Featuring marshmallows for interim mayors and/or mayoral candidates, the Board of Chess-Eff came with a warning that the dessert wasn’t actually edible. No kidding. Don’t know about you, but the never-ending speculation about the mayor is giving me major indigestion.

Answers to Chiu’s Mud Wrestling quiz: 1 Eric Mar. 2 Michela Alioto-Pier. 3 David Chiu. 4 Carmen Chu. 5 Ross Mirkarimi. 6 Chris Daly. 7 Sean Elsbernd. 8 Bevan Dufty. 9 David Campos. 10 Sophie Maxwell. 11 John Avalos. (The answers correspond to the numeric district that each supervisor represents. And while this looks a tad too obvious, Chiu said that until he organized it this way, no one could figure out which supervisor he was talking about.)

The Mystery of the Missing Mayor

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Again, the Board of Supervisors scheduled a vote to select a new mayor to succeed Gavin Newsom. Again, members of the public lined up for almost an hour to urge the board to do so and to suggest names and qualities they’d like to see in Room 200. And again, the board delayed the decision with no reason offered for why.

Well, actually, this time, Sup. Sophie Maxwell – the maker of the motion to continue the item this week and last – did at least say something. “We have three weeks and to have someone floating out there for that time is not in the board’s best interests,” Maxwell said, and that’s all she said.

It’s unclear what she meant, and none of the seven supervisors who supported the motion in a 8-3 vote – with Sups. Chris Daly, David Campos, and Ross Mirkarimi in dissent – had anything to say. But Daly certainly did, accusing his colleagues of “doing an incredible disservice to the people of the city and county of San Francisco.”

He restated his points from the two previous hearings on the issue, noting that supervisors should at least be willing to talk about what they’re looking for in a mayor and to provide some leadership going into a politically uncertain period after Newsom becomes lieutenant governor on Jan. 3.

“At some point, we need to be putting forward a vision for San Francisco,” Daly said, later asking, “Are we going to take our charge?”

“It’s almost as if the members of the board don’t want to be here,” he observed, urging them to at least inform the public what’s going on.

“If it’s that you want the next board to decide, say that,” Daly said. “Say something, the people deserve it.”

Is this an effort to stall the decision until the next board is seated on Jan. 8? Is the current board just waiting until Newsom is gone, afraid that he’ll delay his swearing in if they choose a progressive mayor now, and planning to spring into action on Jan. 4? Is there a secret deal in the offing? Or are supervisors just too distracted by the holiday season to make a big decision?

I don’t know, but I’m going to spend this week doing interviews to figure it out for a story in next weeks’ paper.

Hiring at home

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sarah@sfbg.com

The lame duck Board of Supervisors made history Dec. 7 when it voted 8-3 to approve mandatory local hire legislation for city-funded construction projects. The measure ends a decade-long effort to reach 50 percent local hiring goals through good-faith efforts.

“That’s a sea change in our local hiring discussion,” said Sup. John Avalos, who launched the legislation in October as part of the LOCAL-SF (Local Opportunities for Communities and Labor) campaign, which seeks to strengthen local hiring, address high unemployment rates, and boost the local economy.

The veto-proof passage of Avalos’ measure comes in the wake of a city-commissioned study indicating that San Francisco has failed to meet good-faith local hiring goals for public works projects even as unemployment levels rise in the local construction industry and several local neighborhoods face concentrated poverty.

Although Cleveland also has a local-hire law, the Avalos measure will be the strongest in the nation. Avalos’ legislative aide Raquel Redondiez told the Guardian that Cleveland’s 2003 legislation requires 20 percent local hire.

“This legislation doesn’t just have a mandated 50 percent goal,” Avalos explained, noting that San Francisco will require that each trade achieve a mandated rate and that 50 percent of apprentices be residents.

“This will ensure that our tax dollars get recycled back into the local economy, and that San Franciscans who are ready to work are provided the opportunity to do so,” Avalos said.

Avalos’ groundbreaking legislation phases in mandatory requirements that a portion of San Francisco public works jobs go to city residents and includes additional targets for hiring disadvantaged workers.

 

WHO GETS $25 BILLION?

The legislation replaces the city’s First Source program, under which contractors were required only to make good faith efforts to hire 50 percent local residents on publicly-funded projects. But the measure begins slowly by mandating levels some contractors are already reaching. According to a study commissioned by the city’s Office of Employment and Workforce Development and released in October, 20 percent of work hours on publicly-funded construction projects are going to San Francisco residents.

Avalos’ legislation, which is supported by a broad coalition of labor and community groups including PODER, the Filipino Community Center, Southeast Jobs Coalition, Kwan Wo Ironworks Inc., Rubecon, and Chinese for Affirmative Action, comes at a critical moment for the recession-battered construction industry.

Under the city’s capital plan, more than $25 billion will be spent on public works and other construction projects in the next decade — and two-thirds of this money will be spent over the next five years.

The measure has environmental benefits too. Transportation still accounts for more greenhouse gas emissions generated in the Bay Area than any other source, and San Francisco residents are more likely to take transit, walk, or bike to work than residents of other Bay Area counties. “When local citizens are able to work locally, there are fewer cars on the road and less air pollution,” Avalos said.

Sup. Ross Mirkarimi said that Avalos’ legislation is “just a start.”

“People have talked a good game about local hiring,” observed Mirkarimi, whose district includes the high unemployment-affected Western Addition.

“We are going to have to go beyond construction and start thinking about delving into the private sector,” Mirkarimi continued, pointing to the need to build 100,000 housing units over the next 25 years if the city is to keep up with a projected population increase. “Who is going to build that housing?” he asked.

Sup. Eric Mar noted that “the Sierra Club endorsed the measure early on because of the environmental benefits of having people work close to where they live.”

Sup. David Campos, whose district includes the Mission, said the measure was one of the most significant pieces of legislation to emerge from the board in recent years. “In the past, a lot of obstacles got in the way, including some legal challenges,” said Campos, who credited Avalos for navigating a complicated legal structure. “At the end of the day, I think this is going to benefit everyone.”

Mike Theriault, secretary-treasurer for the San Francisco Building Trades Council, told the Guardian he remains opposed to the legislation because the union presers to allocate jobs based on seniority, not residency. But he said the amendments make the measure “less harmful and more survivable in the short-term.”

 

THE ECONOMIC GAP

Termed-out Sup. Sophie Maxwell, who represents the city’s economically distressed southeast sector, has often noted that the construction industry provides a path to the middle class for people without advanced degrees or facing barriers to employment. She thanked Avalos for pushing legislation that promises to provides opportunities for “growing the middle class instead of importing it.”

“This industry closes the economic gap,” she said.

Board President David Chiu and termed-out Sups. Chris Daly and Bevan Dufty also supported Avalos legislation. But Dufty, who is running in the 2011 mayoral race, cast the eighth vote, which gave the measure a veto-proof majority.

The board’s Dec. 7 vote came a few hours after Bayview-based Aboriginal Blacks United founder James Richards and a score of unemployed local residents rallied at City Hall in the hopes of securing Dufty’s vote.

ABU has recently been protesting at UCSF’s Mission Bay hospital buildings site on 16th and Third streets. Its members also triggered a shut down at the Sunset Reservoir last month after a court ruled that locals promised jobs installing solar panels at the plant be replaced by higher-skilled engineers,

“It’s been too long that we have been protesting and fighting this good faith effort,” Richards told the Guardian. “We need a mandatory policy.”

Dufty is also hoping the Avalos measure could spread to other cities and benefit workers nationwide. “At a certain point I looked at labor and said, ‘Yes, I’m going for this legislation. But not just for San Francisco — you want to take this concept to other cities,’ ” Dufty said, as he made good on his promise to Richards to vote to support Avalos’ law.

Dufty seemed hopeful that Mayor Gavin Newsom would get behind the legislation. “But I respect that there may be a little bit of coming together between now and the second reading.”

Newsom spokesman Tony Winniker told the Guardian that the mayor has 10 days to review Avalos’ legislation after its Dec. 14 second reading. “He supports stronger local hire requirements but does want to review the many amendments that were added before deciding,” Winnicker said.

But will Newsom, who is scheduled to be sworn in as California’s next lieutenant governor Jan. 3, issue a veto on or before Christmas Eve on legislation that has been amended to address the stated concerns of the building trades?

That would be ironic since the amended legislation appears to match recommendations that the Mayor’s Taskforce on African American Outmigration published in 2009. The California Department of Finance projected that San Francisco’s black population would continue to decline from 6.5 percent (according to 2005 census data) to 4.6 percent of the city’s total population by 2050 — in part because of a lack of good jobs.

 

WILL NEWSOM VETO?

Avalos originally proposed to start at 30 percent and reach 50 percent over three years. But after the building trades complained that these levels were unworkable, Avalos amended the legislation to require an initial mandatory participation level of 20 percent of all project work-hours within each trade performed by local residents, with no less than 10 percent of all project work-hours within each trade to be performed by disadvantaged workers.

He also amended his legislation to require that this mandatory level be increased annually over seven years in 5 percent increments up to 50 percent, with no less than 25 percent within each trade to be performed by disadvantaged workers in the legislation’s sixth year.

A Dec. 1 report from city economist Ted Egan estimated that the local hire legislation would create 350 jobs and cost the city $9 million annually. But Egan clarified for the Guardian that this cost equals only 1 percent of the city’s spending on public works in any given year.

Vincent Pan of Chinese Affirmative Action, which supports Avalos’ local hiring policy, suggested that the mayor “check the temperature.”

“It would be leadership on the part of the mayor not to veto legislation that’s about San Francisco,” Pan said.

And Mindy Kener, an organizing member of the Southeast Jobs Coalition breathed a deep sigh of relief when Dufty’s vote made the law veto-proof. “It’s gonna go across the country,” Kener said. “We just made history.”

The mayoral roulette

23

At the San Francisco Tomorrow holiday party Dec. 8th, David Chiu, Dennis Herrera, John Rizzo, Jake McGoldrick and a host of others who I’ve seen at these events for at least the past few years were doing their usual schmoozing — when Ross Mirkarimi, a former SFT board member, showed up with …. Art Agnos. I haven’t seen the former mayor at an SFT event since … I don’t know. Since a long long time ago.


Agnos made a short speech and talked about all of the rising stars in the San Francisco progressive movement — Mirkarimi, Chiu, Rizzo, David Campos, Eric Mar, John Avalos … and it was all very nice and low key. But there was a message in his appearance, in his connection with Mirkarimi, and even in the overall tone of his remarks, which amounts to this:


If the supervisors have trouble finding a progressive who can get six votes — and if they want an old hand, someone who has been through a brutal recession as mayor of San Francisco and dealt with awful budgets and nasty politics, someone who will serve for a year and then walk away — Agnos is open to being asked.


Well, maybe a little more than open to being asked. I wouldn’t say he’s actively, publicly campaiging for the job, but he has met with most of the supervisors, and dropped them all a 13-page memo listing all of his accomplishments, and his supporters (maybe his emissaries) are making the rounds and making the case for Agnos. Which amounts to this:


None of the progressives now more-or-less openly in the mix (Campos, Chiu, Mirkarimi, even Aaron Peskin) can realistically take on all the sacred cows (esp. police and fire), make a bunch of other cuts, and push for all sorts of revenue increases — and at the same time try to run for re-election in November (when the tax hikes would be on the ballot). The only way to do “what needs to be done” is to put in a progressive caretaker who can then take the political heat for the tough decisions — and help set up a campaign for another progressive in November.


I’m not sure I entirely agree — the right person, with the right leadership and agenda, could set up a five-year plan for fiscal stability, launch year one immediately and tell the public that he/she needs a full term to finish the job. But it’s true that it will be tough — and it’s also true that none of the obvious alternatives have ever run citywide.


If Tom Ammiano were interested, we wouldn’t be having this discussion. Tom has run citywide numerous times (for School Board, pre-district elections supervisor and mayor), has been elected by half the city (to the Assembly), and has the credibility to deal with the budget crisis and still win in November. But he’s not, and we have to respect that.


Right now, the progressives can’t seem to unite on a candidate. None of the current board members has six votes today. And Campos, Chiu, Mirkarimi and everyone else in the game knows full well how hard it will be to win in November, particularly against State Sen. Leland Yee, who will be a formidable candidate, and possibly City Attorney Dennis Herrera (who has won citywide), State Sen. Mark Leno (who is popular all over town) and others.


So if a couple rounds pass and there’s no winner, the “progressive caretaker” concept will be in play. It’s possible Mirkarimi would give up his seat two years early and take that job; it’s likely Peskin would agree to serve one year and then step down. But it’s also possible that neither scenario works out — at which point Sheriff Mike Hennessey and Agnos will be in play.


(I hear through the grapevine that Willie Brown is nosing around, too — and let’s remember that he became Assembly speaker by cutting a deal with the Republicans.)


Hennessey’s got a strong progressive record, but has never had to deal with anything remotely as awful as what the next mayor will face. So Agnos backers will make the case that their guy has the experience and gravitas to pull it off.


Given all of that, let me say a couple of things about Agnos, since I was around and watching City Hall when he was mayor (and some of the people who will be voting on this weren’t.)


Art’s a mixture. He was a great progressive member of the state Assembly. When he ran for mayor, we backed him strongly; he seemed to be the great progressive hope. Then his long list of wonderful promises ran into the buzz saw of a deep recession — and made things much worse with his arrogant, imperious style. His first major act in office was to sign a set of contracts that gave away the store to PG&E. He never lifted a finger for public power. And it quickly became clear that he wasn’t a fan of open government or public process. We were all supposed to “Trust in Art” and shut up if we didn’t like it.


That’s why — despite what was at the time and is in retrospect a pretty darn progressive record, a lot of solid accomplishments and absolutly no hint of corruption or scandal — the progressives just weren’t all that excited about his re-election. So he lost to Frank Jordan, who was way worse.


The thing is, Agnos these days is a lot more mellow. He’s 72, knows he’s not going anywhere else in politics, and has essentially admitted to me that he made a lot of mistakes, and his arrogance and closed-door attitude were top on the list. A reformed Agnos — willing to serve with a degree of humility and an acceptance that progressive politics in this town demands inclusiveness, and that even though he’s a former mayor, he’s not by definition the most important person in any room he walks into — would present an interesting option.


Of course, we still don’t know exactly where he would be on the issues, since, like Chiu, he hasn’t even publicly called himself a candidate for the job. I still think anyone who is a serious contender ought to be willing to appear before the supervisors and answer questions.


We all know where to start: What’s your plan for raising a quarter billion dollars in new revenue in 2011?    

Class of 2010: Scott Wiener

3

rebeccab@sfbg.com

Scott Wiener, who is 40, gay, soft-spoken, and remarkably tall, seems to have made an impression on voters with his successful campaign for District 8 (the Castro, Noe Valley) supervisor. On a recent Wednesday afternoon, several patrons of a Market Street café stopped to say hello and congratulate him. “I saw millions of signs about you!” one exclaimed.

A deputy city attorney, Wiener claimed one of the most decisive victories among contenders vying for seats on the San Francisco Board of Supervisors. He’s more fiscally conservative than Rafael Mandelman, who was his progressive opponent in the race, and is more in step politically with Mayor Gavin Newsom than San Francisco progressives. Yet Wiener stressed to the Guardian that he should ultimately be viewed as an independent thinker. “For me, it’s about having mutual respect for everyone,” he said. “Even if you disagree on some issues, and even if you disagree on a lot of issues, you can always find areas of agreement.”

Asked about his priorities in office, Wiener put public transit at the top of the list. Over the next few decades, the population of San Francisco and the Bay Area will dramatically increase, he said. “And at the same time, we’ve been underfunding public transportation, and particularly our roads. It could potentially be a catastrophe if we’re not able to not just keep the system as it is, but actually expand it. That is a really big priority.” To raise money for Muni, he doesn’t support extending parking meter hours, but does support a local vehicle license fee. There’s some question surrounding that prospect since California voters approved Proposition 26, which requires a two-thirds majority vote for fees. But Wiener said he wanted to be involved in efforts to implement a VLF in San Francisco.

Another priority is finding ways to stimulate job growth. He approves of the city’s move to use a tax credit for biotech industry businesses as a means of encouraging job creation, but said that mechanism should be used sparingly since it creates a revenue hole. Instead, Wiener said he was more in favor of looking at payroll-tax reform — but only if it doesn’t result in a tax increase.

Wiener also places importance on supporting the city’s Entertainment Commission and preserving San Francisco’s vibrant nightlife. “That’s an issue that I’ve always worked on and I’ll be speaking at [the California Music and Culture Association] next Friday, which I’m hoping will become a really effective voice for that community,” Wiener noted. “It needs a really unified and strong voice. and I want to make sure that we are really prioritizing having a vibrant nightlife and outdoor festival scene, and that we’re not blaming the entertainment community for societal ills like gun violence.” He also mentioned bolstering the Entertainment Commission’s budget.

But might that pro nightlife stance place him at odds with the San Francisco Police Department? “In some ways, I’m from a public-safety background,” he said in response. “I’ve been involved in a lot of safety issues on a neighborhood level. I’ve worked closely with SFPD and I am supportive of Chief [George] Gascon. In a way, I think that gives me some credibility.”

Speaking of working closely with people, whom does Wiener see himself forming alliances with on the new board? “I definitely have a great relationship with Sean Elsbernd and Carmen Chu, and I will be working closely with them. But I don’t agree with them on everything,” he said. Board President David Chiu and Sup. David Campos were both his classmates at Harvard, he noted, so he feels confident in his ability to work with them even if they don’t always see eye to eye. “One thing I see about this board that I’m optimistic about is that I think it’s going to be a more collegial board,” he added.

On the question on everyone’s mind — who will succeed Mayor Gavin Newsom to serve as the interim mayor? — Wiener said he thinks the best idea is to appoint a caretaker mayor. “Next year’s going to be really hard year,” he said and a caretaker mayor could “help make some really hard choices that need to be made. I may not like all of those choices, but they can do something that someone who’s a brand new mayor seeking reelection may be timid about doing.”

Who might he support if the new board selects the successor mayor? “There are some really solid names that have been bandied about, like [San Francisco Public Utilities Director] Ed Harrington or [Sherriff] Mike Hennessey,” he replied.

Wiener’s going to be mostly a fiscal conservative when it comes to the budget. Any new revenue, he said, “should be very policy-based,” for example transit-oriented instead of raising business taxes.

And he has plenty of cuts in mind, including “the way we contract for nonprofits,” looking at shared overhead, and consolidation. He also said that “we need to continue moving forward with pension and benefit reform [and] aggressively address overtime in all departments.” And what can voters expect from Sup. Scott Wiener that’s different from Sup. Bevan Dufty, a mayoral hopeful who currently represents D8? Wiener didn’t go too far out on a limb on that one. “There have been some tenant issues that Bevan voted against and I supported,” he said. “We’ve had times where he’s been to my left, or I’ve been to his left, but I can’t speculate as to the future. It’s going to be case by case.” *

Dufty was Avalos’ eighth vote on local hire

3

History was made at City Hall on December 7, when the Board voted 8-3 to approve local hire legislation for city-funded construction projects.
“This is the strongest local hiring measure in the nation, “ said Sup. John Avalos, the legislation’s chief sponsor. “It doesn’t just have a mandated 50 percent goal. It has a ‘by trade’ mandate. It requires 50 percent of apprentices to be residents. More than anything we are moving away from a good faith policy. That’s a sea change in our local hiring discussion.”
Sup. Sophie Maxwell thanked Avalos “for taking up the mantle” and pushing construction industry legislation that will provide opportunities for ”growing the middle class instead of importing it.”
“This industry closes the economic gap,” Maxwell said,
Board President David Chiu, Sups. John Avalos, David Campos, Chris Daly, Bevan Dufty, Eric Mar, Sophie Maxwell and Ross Mirkarimi voted for the legislation. But Dufty was the eighth vote that gave the measure a veto-proof majority. His vote came after he met ABU (Aboriginal Blacks United) leader James Richards and other advocates of unemployed residents. They see the legislation as a way to invest local tax dollars in local communities, reduce crime and poverty, and lessen pollution by reducing workers’ commutes.


“It’s been too long that we have been protesting and fighting this good faith effort,” Richards said.” We need a mandatory policy.”
ABU member Troy, 47, who was born and raised in the Bayview, and has two sons, said he had been unemployed for six months.
“If we don’t work, nobody works, that’s ABU’s motto,” Troy said. ‘We can’t have nobody come from Marin, taking our jobs and pushing us back onto the streets, selling drugs. We gotta put the merry back into Christmas.”



“A lot of moving parts had to come together for this legislation to be successful,” Dufty told the Board, a couple of hours after he met ABU’s Richards. “This is very reminiscent of Healthy San Francisco, which was one of the most monumental changes in the city.”
Dufty said he believes that, much like Healthy San Francisco, local hire legislation is bigger than just San Francisco. “At a certain point, I looked at labor and said, yes, I’m going for this legislation, but not just for San Francisco,” Dufty said. “You want to take this concept to other cities.”


Dufty  was hopeful that Mayor Gavin Newsom will get behind the legislation, before its Dec.14 second reading.
“But I respect that there may be a little bit of coming together between now and the second reading,” he said.
Newsom spokesperson Tony Winniker told reporters that the mayor plans to review the amended legislation and consult with impacted contractors and unions before deciding whether to veto the legislation.
A December 1 report from city economist Ted Egan estimated that the local hire legislation will create 350 jobs and cost the city $9 million annually, or 1 percent of whatever it spends on public works. (San Francisco is set to spend an estimated $27 billion on capital projects over the next decade.)
Vincent Pan of Chinese Affirmative Action, which supports Avalos’ local hiring policy, suggested that the mayor “check the temperature.”
“It would be leadership on the part of the mayor not to veto legislation that’s about San Francisco,” Pan said.

Supervisors punt mayoral decision back a week

11

The San Francisco Board of Supervisors today voted to delay until Dec. 14 the process of choosing a mayor to succeed departing Mayor Gavin Newsom after taking about 40 minutes worth of public testimony, most of it calling on supervisors to act quickly to choose a public-spirited mayor to deal with a variety of neglected issues.
After Assembly member Tom Ammiano announced earlier today that he would not accept the board’s nomination to become mayor, it seemed unlikely that anyone could get the required six votes. But Sup. Chris Daly, who led the campaign to recruite Ammiano, argued for beginning the process today as agendized.
“While the Board of Supervisors is not prepared today to appoint someone as successor mayor of San Francisco, we shouldn’t truncate the conversation,” Daly argued, reiterating his call last week for a mayor who is experienced, compassionate, and willing to work cooperatively with the board.
But Sup. Sophie Maxwell didn’t want to have that conversation, making the motion to continue the item for one week, a motion seconded by Sup. Bevan Dufty. Neither offered reasons or arguments for the action.
Yet Daly noted that the board has an approved process for selecting a new mayor and “it might be a good idea to try it out and see how it works,” even if six votes aren’t there yet to approve a nominee. “I’m prepared to make a nomination.”
He addressed calls for delaying the mayoral succession decision by noting that Oakland Mayor-elect Jean Quan and Governor-elect Jerry Brown have both put together transition teams to prepare for taking power at the same time that Newsom will resign as mayor to become lieutenant governor.
“Typically, a mayor would have had about a month to put together a transition team,” Daly said, also noting, “We are now borrowing time against the next administration of San Francisco.”
Sups. David Campos and Eric Mar also spoke in support of this board making the mayoral succession decision “sooner rather than later,” as Campos put it. “We do have a very tough budget year we will be facing and many challenges in front of us,” he said. Campos said he was open to the delay, but he said “it would be a mistake” not to begin dealing with the decision in earnest next week.
Mar said he was open to the delay because he was interested to read the “Values-based Platform for the next Mayor” that a coalition of labor and progressive groups called San Francisco for All distributed at the meeting. The four-page document called for a mayor to value accessibility, consensus-building, making appointments who are accountable to the community, more equitable budget priorities, and transparency.
The motion to delay was approved on a 9-2 vote, with Daly in Sup. John Avalos in dissent.

The process begins

0

steve@sfbg.com

The Board of Supervisors has unanimously adopted a set of procedures for choosing a new mayor to replace Gavin Newsom when he becomes California’s lieutenant governor on Jan. 3. The board is scheduled to formally begin the mayoral selection process Dec. 7 with a discussion of what people want in a new mayor and perhaps even the first votes on nominees for the office.

If the process of approving a process was any indicator, choosing a new mayor won’t be easy. Just sorting out how supervisors will vote on nominees, which the board spent hours doing Nov. 23, illustrated the complex political dynamics and potential for parliamentary gamesmanship at play on a body with a deep ideological divide.

Progressives are on the dominant side of that divide, with Sups. John Avalos, David Campos, David Chiu, Chris Daly, Eric Mar, and Ross Mirkarimi sticking together on a pair of 6-5 procedural votes that sought to dilute their voting power, an effort led by Sup. Sean Elsbernd and supported by his moderate colleagues.

Both sides accused the other of playing games with this all-important process, but the greatest complicating factor seems to be the California Political Reform Act and related conflict-of-interests case law. Because the mayor is paid more than supervisors, board members are barred from doing anything to influence the process to become the new mayor.

That means they can’t publicly voice a desire to become mayor or lobby colleagues for votes. And once supervisors have been nominated to be mayor and they accept that nomination, they must immediately leave the room and be sequestered incommunicado until they decide to withdraw their nominations and participate in the process, after which they may not be renominated.

But the newly adopted details of exactly how that process plays out — including when the vote is called on each nominee, how it is taken, and in what order — will determine if any nominees can get the six votes they need to serve as mayor for the final year of Newsom’s term.

If the current board can’t do it, then the newly elected board — which has an ideological breakdown similar to the current board, but with slightly different personal relationships and alliances — will take up the matter when it is sworn in on Jan. 11. And that board’s challenge won’t be any easier.

Board of Supervisors Clerk Angela Calvillo and the Santa Clara County Counsel’s Office (legal counsel in the matter after our own City Attorney’s Office recused itself, largely because City Attorney Dennis Herrera wants to be mayor) proposed procedures whereby all nominees leave the room while the remaining supervisors vote.

But as Daly noted, clearing several supervisors from the room would make it unlikely that those remaining could come up with six votes for anyone. He also said the system would deny too many San Franciscans of a representative in this important decision and allow sabotage by just a few moderate supervisors, who could vote with a majority of supervisors present to adjourn the meeting in order to push the decision back to the next board.

“The process before us is flawed,” Daly said.

So Daly sought to have the board vote on every nomination as it comes up, but Elsbernd argued that under Robert’s Rules of Order, nominations don’t automatically close like that and to modify a board rule that contradicts Robert’s Rules requires a supermajority of eight votes. Calvillo, who serves as the parliamentarian, agreed with that interpretation and Chiu (who serves as chair and is the final word on such questions) ruled that a supermajority was required.

Although some of his progressive colleagues privately grumbled about a ruling that ultimately hurt the progressives’ preferred system, Chiu later told the Guardian, “I gotta play umpire as I see the rules … We need to ensure the process and how we arrive at a process is fair and transparent.”

Nonetheless, Chiu voted with the progressives on the rule change, which failed on a 6-5 vote. But Daly noted that supervisors may still refuse nominations and remain voting until they are ready to be considered themselves, which could practically have the same effect as the rejected rule change. “If we think that’s a better way to do it, we can do it. But we don’t need to fall into the trap and subterfuge of our opponents,” Daly told his colleagues.

Elsbernd then moved to approve the process as developed by Calvillo, but Daly instead made a motion to amend the process by incorporating some elements on his plan that don’t require a supermajority. After a short recess to clarify the motion, the next battleground was over the question of how nominees would be voted on.

Calvillo and Elsbernd preferred a system whereby supervisors would vote on the group of nominees all at once, but Daly argued that would dilute the vote and make it difficult to discern which of the nominees could get to six votes (and conversely, which nominees couldn’t and could thereby withdraw their nominations and participate in the process).

“It is not the only way to put together a process that relies on Robert’s Rules and board rules,” Daly noted, a point that was also confirmed at the meeting by Assistant Santa Clara County Counsel Orry Korb under questioning from Campos. “There are different ways to configure the nomination process,” Korb said. “Legally, there is no prohibition against taking single nominations at a time.”

So Daly made a motion to have each nominee in turn voted up or down by the voting board members, which required only a majority vote because it doesn’t contradict Robert’s Rules of Order. That motion was approved by the progressive supervisors on a 6-5 vote.

After the divisive procedural votes played out, Chiu stepped down from the podium and appealed for unity around the final set of procedures. He said that San Franciscans need to have confidence that the process is fair and accepted by all. So, he said, “It would be great if we have more than a 6-5 vote on this.”

As the role call was taken, Sup. Carmen Chu was the first moderate to vote yes, and her colleagues followed suit on a 11-0 vote to approve the process.

That unity isn’t likely to last long as supervisors fill an office that wields far more power than any other in city government. But both sides voiced an appreciation for what a monumental task they’re undertaking. “This is without a question the most important vote that any of us will take as a member of the Board of Supervisors and one that everyone is watching,” Elsbernd said of choosing a new mayor.

Daly called for supervisors to open the Dec. 7 meeting with a discussion about what qualities they all want to see in a mayor. “We owe it to the public, we owe it to the city, to discuss it and have it out in the open,” he said, going on to criticize the idea of a nonpolitical “caretaker mayor” and say, “I would like to see a mayor that works with the Board of Supervisors.”

But as the parliamentary jousting between Daly and Elsbernd en route to a bare-bones set of procedures shows, such high-minded ideals are likely to be mixed with some tough political brawls, back room deals, and power plays using arcane rules that guide the deliberations of legislative bodies.

In fact, when Korb was asked whether the adopted process precludes new amendments or procedural gambits, he noted that the Nov. 23 vote was probably just the beginning “given the parliamentary skills of this board.”

 

DREAM on

2

sarah@sfbg.com

Spurred by congressional Democratic leaders’ promises to hold a vote on the DREAM (Development, Relief, and Education for Alien Minors) Act before the end of Congress’ lame-duck session this month, immigrant and civil rights advocates are pushing for the passage of bipartisan legislation that would give undocumented youth a shot at citizenship if they go to college or serve in the military for two years.

On Nov. 29 in San Francisco, several undocumented young people joined members of the Bay Area Coalition for Immigration Reform outside Mission High School — where as much as 20 percent of the student population may be undocumented, according to principal Eric Guthertz — to explain why it makes sense to give youth who grew up in the United States a shot at legal status.

“We are not asking you to give us a green card,” Anna, a student from Guatemala, said at the event. “All we want is a chance to succeed and give back to this country. We live here, we pay taxes, we’re smart, we go to college, but afterward we can’t work and give back.”

Mario, a 22-year-old gay student who was born in Peru to a Chinese father and Peruvian mother, graduated from UC Berkeley with a civil engineering degree. He explained that because of his lack of documentation, he can’t get a job to pay his bills or save up to pursue a master’s degree, and fears being deported to a homophobic country.

“It would be a waste of talent because I’ve learned California-specific engineering rules and the U.S. building code,” Mario said. “Sometimes I wake up from a nightmare about being detained. I came out here, but in Peru, I’d probably be back in the closet.

Joining Anna and Mario was Shing Ma “Steve” Li, a nursing student at City College, who was released Nov. 19 after two months in federal detention, shortly before he was to be deported to Peru. San Francisco Democrat Sen. Dianne Feinstein introduced legislation to halt his removal, saying it would be “unjust” to deport Li before a DREAM Act vote takes place.

Li, who speaks Cantonese, English, French, and Spanish, grew up reciting the Pledge of Allegiance and dreams of opening a clinic to serve low-income San Franciscans. But recently, federal immigration authorities flew him 800 miles to a jail in Arizona, all because his parents brought him here when he was 12 and he lacks documentation.

“We were handcuffed and shackled to our seats, and I wondered what would happen if the plane went down,” Li recalled.

Li believes the main barriers to the legislation’s passage is lack of accurate information. “People need to know the facts, see the people, and hear their stories,” Li said. “Then they’ll know it is a human rights issue.”

Guthertz said that as principal of Mission High, every year he sees undocumented youth who have great grades and lots of advanced placement classes “hit the wall” of their status. “Over and over, I’ve seen the heartbreaking effect of their situation,” Guthertz said. “The DREAM Act is yet another avenue to help these students.”

Eric Quezada, executive director of Dolores Street Community Services, noted that congressional leaders did not agree to the DREAM Act vote “out of the goodness of their heart — it’s because of the hard work of immigrant advocates.”

Quezada said the push to force a DREAM Act vote in Congress this year began when undocumented youth staged a sit-in in Sen. John McCain’s (R-Ariz.) office in May. “And the vote of Latinos saved the Senate from a Republican takeover on Nov. 2,” he said.

“But we understand this window is closing,” Quezada added, referring to the reality that Republicans will take control of the House in January. “So we’re not taking one vote for granted. And this is the first step. If we are able to pass the DREAM Act, it will be a downpayment for comprehensive immigration reform.”

Sup. John Avalos says the DREAM Act recognizes the contribution immigrants make to the community, and to the creation of economic opportunities for everybody. “Immigrants here support themselves and their families across the water, so it makes sense that we make proper investments and support,” Avalos said. “Education is one way to make the world a more stable place.”

Sup. David Campos, who came to the U.S. from Guatemala as an undocumented teenager, sees the DREAM Act as a piece of commonsense legislation.

“It’s so modest,” Campos said. “Even those who are against comprehensive immigration reform should be for something that recognizes that young people, who came here not by choice but because of their parents’ issues, should be given a chance to give back.”

Campos said his father was able to gain legal status for his whole family because of his employment, but that many undocumented youth aren’t so lucky.

“We open the doors to our public schools, we invest in their education, and then, when they are ready to give back to us, we say, ‘No, we don’t want you here,'” Campos said. “The best and brightest, the risk-takers, come here. As a country, we cannot go forward unless we realize that this influx of creativity and entrepreneurship made this country what it is.”

Progressives show unity as board approves mayoral succession process

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The San Francisco Board of Supervisors unanimously approved a process for replacing Mayor Gavin Newsom last night after the progressive majority stuck together on a pair of key procedural votes and some parliamentary jousting provided a preview of the high-stakes power struggle that will begin Dec. 7.

Sup. Sean Elsbernd led the board moderates (Sups. Carmen Chu, Michela Alioto-Pier, Bevan Dufty, and Sophie Maxwell) in trying to dilute the voting power of the six progressives on the board (Sups. David Chiu, Chis Daly, David Campos, Eric Mar, Ross Mirkarimi, and John Avalos) and ensure they can’t vote as a bloc to choose the new mayor.

State conflict-of-interest rules spelled out by the California Political Reform Act and associated rulings prevent supervisors from voting in their economic interests, as becoming mayor would be. So Board Clerk Angela Calvillo and the Santa Clara County Counsel’s Office (legal counsel in the matter after our own City Attorney’s Office recused itself) created procedures whereby all nominees leave the room while the remaining supervisors vote.

But as Daly noted, clearing several supervisors from the room would make it unlikely that those remaining to come up with six votes for anyone. He also said the system would deny too many San Franciscans of a representative in this important decision and allow sabotage by just a few moderate supervisors, who could vote with a majority of supervisors present to adjourn the meeting in order to push the decision back to the next board that is sworn in on Jan. 11.

“The process before us is flawed,” Daly said.

So Daly sought to have the board vote on every nomination as it comes up, but Elsbernd argued that under Robert’s Rules of Order, nominations don’t automatically close like that and to modify a board rule that contradicts Robert’s Rules requires a supermajority of eight votes. Calvillo, who serves as the parliamentarian, agreed with that interpretation and Chiu (who serves as chair and is the final word on such questions) ruled that a supermajority was required.

Although some of his progressive colleagues privately grumbled about a ruling that ultimately hurt the progressives’ preferred system, Chiu later told the Guardian, “I gotta play umpire as I see the rules…We need to ensure the process and how we arrive at a process is fair and transparent.”

Nonetheless, Chiu voted with the progressives on the rule change, which failed on a 6-5 vote. But Daly noted that supervisors may still refuse nominations and remain voting until they are ready to be considered themselves, which could practically have the same effect as the rejected rule change. “If we think that’s a better way to do it, we can do it, but we don’t need to fall into the trap and subterfuge of our opponents,” Daly told his colleagues.

Elsbernd then moved to approve the process as developed by Calvillo, but Daly instead made a motion to amend the process by incorporating some elements on his plan that don’t require a supermajority. After a short recess to clarify the motion, the next battleground was over the question of how nominees would be voted on.

Calvillo and Elsbernd preferred a system whereby supervisors would vote on the group of nominees all at once, but Daly argued that would dilute the vote and make it difficult to discern which of the nominees could get to six votes (and conversely, which nominees couldn’t and could thereby withdraw their nominations and participate in the process).

“It is not the only way to put together a process that relies on Robert’s Rules and board rules,” Daly noted, a point that was also confirmed at the meeting by Assistant Santa Clara County Counsel Orry Korb under questioning from Campos. “There are different ways to configure the nomination process,” Korb said. “Legally, there is no prohibition against taking single nominations at a time.”

So Daly made a motion to have each nominee in turn voted up or down by the voting board members, which required only a majority vote because it doesn’t contradict Robert’s Rules of Order. That motion was approved by the progressive supervisors on a 6-5 vote.

Both sides at times sought to cast the other as playing procedural games, and both emphasized what an important decision this is. “This is without a question the most important vote that any of us will take as a member of the Board of Supervisors and one that everyone is watching,” Elsbernd said of choosing a new mayor.

So after the divisive procedural votes played out, Chiu stepped down from the podium and appealed for unity around the final set of procedures. He said that San Franciscans need to have confidence that the process is fair and accepted by all, and so, “It would be great if we have more than a 6-5 vote on this.”

As the role call was taken, Carmen Chu was the first moderate to vote “yes,” and her colleagues followed suit on a 11-0 vote to approve the process. At that point, the board could have begun taking nominations, but it was already 7 p.m. and both Daly and Chiu argued to delay that process by couple weeks.

“We owe it to ourselves and this city to have a discussion [of what qualities various supervisors want to see in a new mayor] before we get into names and sequestration,” Daly said.

He and other progressive proposed to continue this discussion to Dec. 7, but Elsbernd – who was visibly agitated by the discussion – suddenly moved to table the item (which would end the discussion without spelling out the next step), a motion rejected on a 4-7 vote, with Maxwell joining the progressives.

The discussion ended with a unanimous vote to continue the item to Dec. 7, when supervisors will discuss what they want in a new mayor and possibly begin the process of making and voting on nominations. Anyone who receives six votes will need to again be confirmed during the board meeting on Jan. 4, a day after Newsom assumes the office of lieutenant governor.

Critical care

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Sarah@sfbg.com

A complex and controversial project that would involve five San Francisco hospitals — including building a huge showcase facility for the wealthy atop Cathedral Hill — has prompted a debate about what average city residents need from the health care system.

California Pacific Medical Center, an affiliate of Sutter Health, proposes to downsize St. Luke’s Hospital, which primarily serves a low-income population in the Mission District, as part of a $2.5 billion proposal to renovate and retrofit three existing medical campuses, close another one, and build housing and a megahospital on Cathedral Hill that would draw patients from around the country.

CPMC’s grandiose plan was being considered strictly as a land use decision, despite its far-reaching impact on the city’s health care system. So Sup. David Campos created legislation calling for the city to create a citywide health services master plan and to use that as another tool for gauging future medical projects.

Debate over that legislation left some activists on both sides unhappy, with progressives disappointed that it won’t be able to stop a CPMC project they see as neglectful of the poor, and moderates wary of creating a new way to challenge development projects in the face of widespread unemployment in the construction industry.

But it struck a fine enough balance to win 8-3 approval by the board Nov. 16, enough to override a threatened mayoral veto. “I’m really happy and excited about the passage of this legislation,” Campos told the Guardian after the vote.

The legislation has a two-part mandate, with the first part kicking in as soon as it has final approval. It requires the Planning Department, with input from the Department of Public Health, to prepare a health care services master plan to identify current and projected needs for health care services and where they should be provided.

The second part, which begins in 2013, requires Planning to determine whether medical projects are consistent with the findings of this plan. That delay is credited to a last-minute amendment Campos granted during a Nov. 15 committee hearing after the hospital industry complained that the process could jeopardize its ability to meet state-mandated seismic retrofitting deadlines for projects already in the planning pipeline.

The passage of Campos’ legislation comes eight months after President Barack Obama signed the Patient Protection and Affordable Care Act. Hailed by its supporters as the most significant change to the U.S. health care delivery systems in 40 years, the reform package has also been greeted with criticism on both ends of the political spectrum. Progressives complain that it relies too heavily on private insurance companies and medical providers, while Tea Party supporters says that it’s government run amok and they have vowed to “kill the bill.” Senate Minority Leader Mitch McConnell (R-Ky) recently compared so-called Obamacare to “tyranny” in a speech to conservative legal scholars.

But here in San Francisco, the debate over Campos’ legislation — as heated and divisive as it was at times — yielded a surprising amount of consensus around the long-neglected idea that government should play a role in health care planning.

 

PULLING THE PLUG

The passage of Campos’ legislation marks the first time in 30 years that a government entity has mandated health care services planning in California. That approach West Bay Health Systems Agency, whose creation he opposed as governor of California.

Lucy Johns, a San Francisco-based health care planning consultant who wrote the only health care services master plan California has ever had, recalls what happened in the mid-1970s after President Gerald Ford signed legislation that established health system agencies nationwide.

“California established 14 health systems agencies, including the West Bay Health System Agency, which governed the nine Bay Area counties,” Johns told the Guardian. “The legislation mandated that they be established by every state, with the federal government providing the funding. So every state had to decide how many, how big, and how structured the health system agencies would be.”

Johns notes that state legislators were constrained when it came to the decisions these health service agencies made. “The governing bodies of the health systems agencies had to have a membership that was 51 percent consumer and 49 percent healthcare provider, which included doctors, nurses, and hospital administrators,” she said.

That history served as a backdrop for discussion of the Campos legislation, with the Planning Department staff report noting, “With the elimination of the West Bay Health Systems Agency in 1981, there is no longer a routine or comprehensive analysis of health service resources, needs, trends, and local impacts conducted for changes to or within medical uses.”

“It’s truly a historic moment for San Francisco,” Campos said after his legislation passed its Nov. 16 first reading (the second and final reading is set for Nov. 23, after Guardian press time). “We are the first city in the country to make sure land use decisions are aligned to our health care needs. That’s an unprecedented step that will shape the future of healthcare planning for years to come.”

Campos acknowledged that the passage of Obama’s heath reform package — which includes a mandate to purchase private health insurance beginning in 2014 — was also a catalyst for his legislation, along with the CPMC project.

“But it had more to do with seeing that the city didn’t have the tools it needed to evaluate projects in terms of whether they met the city’s healthcare needs and how they might impact people’s access to healthcare,” Campos said. “The main catalyst came from the community, which felt it was being asked to make decisions that will have long-lasting health care implications, but didn’t have any way to understand those needs. Those concerns were compounded by changes at the national level — and the recognition that these changes offer us an opportunity to engage in planning.”

Campos’ legislative victory came two months after members of the Cathedral Hill Neighbors Association joined nurses, medical workers, patients, and community groups in voicing concerns at a Sept. 23 public hearing about the draft environmental impact report for CPMC’s Cathedral Hill hospital and the other facilities that are part of its proposal.

These groups collectively expressed fear that downsizing St. Luke’s, closing the CPMC California campus, and transforming CPMC Pacific campus to an outpatient-only hospital will force low-income people to travel farther to access health care services while offering better service to the wealthy at Cathedral Hill. And neighbors worried that the proposed complex would increase traffic and require the demolition of rent-controlled apartments.

Formed in 1991 through the merger of Pacific-Presbyterian Medical Center and Children’s Hospital of San Francisco, CPMC has been affiliated with Sutter Health since 1996 and currently has four medical campuses in San Francisco: Pacific in Pacific Heights, California in Presidio Heights, Davies in the Duboce Triangle, and St. Luke’s in the Mission.

But CPMC’s longtime goal was to build a facility intended to be like the Mayo Clinic of the West Coast, a 15-story, 555-bed full-service hospital and specialty care facility at the corner of Van Ness Avenue and Geary Boulevard. Company officials have made approval for that project conditional on keeping St. Luke’s open in the face of the state’s deadline on seismic safety standards that the hospital doesn’t now meet.

“St. Luke’s Hospital was the big issue that got our attention,” Le Tim Ly, lead organizer for the Chinese Progressive Association, told the Guardian. His group has worked with residents in the city’s southeast sector around environmental justice, air quality, and pollution issues when they became aware of the threat to St. Luke’s. “All this, coupled with efforts to downsize Luke’s, left us alarmed by the disproportionate impact on an already impacted area.”

But alarm over CPMC’s plans has now revived the idea of healthcare planning.

 

MAKING A PLAN

As recently as the beginning of November, representatives for the Hospital Council of Northern and Central California — whose members include CPMC, Chinese Hospital, Jewish Home, Kaiser Permanente, Laguna Honda, St Luke’s, St. Mary’s, San Francisco General Hospital, and Veterans Affairs Medical Center — seemed opposed to any change in the way healthcare planning is done in San Francisco.

At a Nov. 1 hearing on the Campos legislation at the board’s Land Use and Economic Development Committee, Ron Smith, the Hospital Council’s senior vice president for advocacy, said his organization favored maintaining the city’s current procedures. “We would like to propose that the Health Commission does the planning, the Planning Commission does the land use, and that there is a required determination process which is in the current legislation,” Smith said. “We’re proposing that that continue.”

But two weeks later, after Campos amended his legislation so projects now in the planning pipeline are exempt from having to comply with the city’s health care services master plan, some members of the Hospital Council seemed to have a change of heart.

CPMC’s Chief Executive Officer Warren Browner surprised just about everybody when he publicly stated in mid-November that CPMC supports health care planning. “We strongly support the efforts of the city — we are in favor of health planning,” Browner said at a Nov. 15 hearing on the legislation.

“That statement was extraordinary,” said Lucy Johns, recalling CPMC’s history of resisting government control. “The conversation about this legislation has already changed the discourse, at least in public.”

Linda Schumacher, chief executive officer of Chinese Hospital, a community-owned, not-for-profit facility, explained at the same hearing that her organization had been concerned that Campos’ legislation would affect her hospital’s ability to move ahead with a $150 million project that has been in the pipeline since 2003.

“We thank you for that amendment that allows the effective date to be changed,” she said.

“It shows how much progress had been made, even before this legislation goes into effect,” Campos said of the hospital industry’s apparent shift in attitude. “It’s a monumental step, something that was not expected as recently as a few months ago.”

But Ly of the Chinese Progressive Association said he believes the Hospital Council still doesn’t want to see the city getting involved. “As recently as a month ago, their folks were speaking out against any kind of legislation. But I think they started seeing the writing on the wall.”

Ly fretted about the potential negative impact of Campos’ last-minute amendments. Sup. Campos’ plan represents a victory. But we could use that information as soon as possible. The 2013 deadline means the city will be handicapped: it will have information it can’t use yet.”

Ly ventures that the hospital industry’s approach will be to try to lessen the impact of the legislation. “As written, it still provides the Planning Commission and the board with the discretion to approve projects,” Ly said. “Ultimately, the struggle is about values. Just because there are plans and guidance doesn’t mean the healthcare needs of the community will become a top priority — it just provides us with tools to make an assessment.”

Campos counters that his bill will allow the city to create incentives for, and apply pressure on, the hospital industry. “If they truly want their projects to be expedited and approved before state-mandated seismic retrofitting deadlines kick in, they’ll propose plans that work for the community,” Campos explained.

But even as it publicly vows to be supportive, the Hospital Council continues to express concerns about the Campos legislation. “It’s the council’s job is to be supportive now that the board has approved Campos’ plan,” Smith said. “And Sup. Campos was very generous. He started talking to us in June. But we really didn’t get a handle on his proposal until much later. We think the idea of healthcare planning is very good. We still have concerns about the process, but now the board has voted on the legislation, our goal is to do our best to work with the law.”

Concerns that the legislation would be used to mire projects in repeated appeals and give too much weight to critics’ concerns was raised at the Nov. 16 hearing by Sup. Sean Elsbernd.

“Right now, if anyone has concerns, there’s a conditional use process and a CEQA [California Environmental Quality Act] process,” Elsbernd told the Guardian. “But this turns up a brand new appeal. It means the appeals are heard at the same time, but you’ve now created a third route.”

Campos responded to these concerns by amending the legislation to clarify that the board must act on consistency determination appeals at the same time it acts on other related appeals, so projects won’t be delayed.

Evidently this wasn’t enough to appease the San Francisco Chamber of Commerce. “We cannot be supportive of that piece of legislation,” Rob Black, the Chamber’s vice president of public policy, told the Guardian after the legislation was approved. “We believe appeals should be done at the Department of Public Health in conjunction with service providers, since San Francisco provides 20 percent of service, and private organizations provide the remaining 80 percent.”

Black says the Chamber was pleased Campos amended his legislation so as not to slow down projects that are currently in the planning pipeline. But he claimed Campos’ legislation could actually limit access to healthcare services. “The Chamber is concerned that Campos’ legislation will make it harder for doctors to pool together in pods, and if we don’t do that, it won’t make healthcare more available because services will be more expensive,” Black said. “But we absolutely think” the city should analyze gaps in providing health care to San Franciscans.

Campos’ aide Hillary Ronen confirmed that Black is correct in saying that anyone can appeal a hospital project’s consistency determination. “But the final analysis will revolve around asking if the proposed project meets the health care needs of San Francisco,” she said. “If it doesn’t, and the board doesn’t believe there’s a compelling public policy reason to approve the project, [the board] can override the approval.”

 

PATIENTS VS. PROFITS

Mary Michelucci, a registered nurse for 40 years and a member of the California Nurses Association, is hopeful that Campos’ legislation will rein in the hospital industry.

“I hope that any plan that would favor patient care over profit would be the way to go,” Michelucci said. “Running a hospital is expensive. But with the profits that Sutter and CPMC are making, they can afford this.”

Michelucci says the dispute over St. Luke’s came to a head three years ago, when nurses began to suspect that CPMC was planning to let the facility fail, suspicions that intensified when CPMC closed St. Luke’s neonatal intensive care unit 18 months ago.

“Now the babies who need neonatal special care are transported to CPMC’s California campus, which is in the Richmond,” Michelucci said. “But the moms may be discharged and most of them live in the Mission or Bayview-Hunters Point.”

Michelucchi still fears that CPMC will wage “a horrific campaign” against the California’s Nurses Association as it continues to push the plan for its megahospital. “CPMC wants to be in complete control of the registered nurses,” she said. “We, unfortunately, are their conscience, while they are a business model in the business of healthcare. The decisions they make about healthcare are not in the interests of patients or nurses, and we are the thorn in their side.”

All this is happening against the backdrop of the worst economic recession since the Great Depression, and for construction workers facing high unemployment rates in San Francisco, CPMC’s megaproject clearly represents light at the end of a very dark tunnel.

“CPMC is my future,” William Hestor, a 28-year-old father of two and member of SEIU-United Healthcare Workers, said at the Nov. 15 hearing. “We worked hard on a contract and we just want to make sure our hospital is built on time.”

CPMC media spokesperson Kevin McCormack told the Guardian that the real issue between CPMC and the CNA is union membership at CPMC’s Cathedral Hill facility. “CPMC is reducing beds at St. Luke’s because the beds aren’t in use, but the facility will be able to take care of 90 percent of patients’ needs and if you need specialist care, a shuttle will take you to Cathedral Hill,” McCormack said. “This centralized arrangement is the best way to attract the best staff and equipment.”

McCormack noted that there are union members and 1,200 nonunion nurses working at CPMC facilities in San Francisco. “We are bringing together nonunion and union nurses together at this facility, and we don’t feel we have the right to force our nonunion nurses to join,” he said, adding that since the Teamsters, the Carpenters, and SEIU-United Healthcare Workers (UHW) are already unionized at the Pacific and California campuses, they’ll be allowed to unionize at Cathedral Hill.

CNA member Eileen Prendiville, who has worked in San Francisco as a registered nurse for decades, recalls the negative changes she has already seen at CPMC’s facilities, including eliminating registered nurses and specialty services.

“If you pull services, as they have, of course you’ll have fewer patients. And the physicians start leaving, so it’s a vicious cycle,” she said. “St. Luke’s was a small community hospital but now it’s all about corporate medicine.”

Sup. Eric Mar sided with those seeking to exempt current projects from the city’s health care services master plan. But Sup. Sophie Maxwell noted that the Planning Commission will take a facility’s historical role into account in determining whether projects are consistent with the city’s health care services plan.

“We believe that addressed community concerns,” Maxwell said. “St. Luke’s would never have been targeted for closure had this legislation been on the books in the past.”

Campos insists his legislation is not simply about CPMC. “Ultimately this legislation stems from a number of pleas we have heard in the last couple of years from people throughout the city,” he said. “It takes the institutional master planning process to the next level. We have tried to consolidate the appeal process under existing law. Important as the legislation is, it’s key to make sure we have the right master plan because that’s where the heavy lifting will take place.”

Meanwhile, the final EIR is being completed for the CPMC project, which should go before the Board of Supervisors for approval early next year.

About that “far left beating…”

61

Our old pal Chuck Nevius is gloating about how the “far left” (I guess that means the people who would have been called mainstream Democrats a generation ago, the ones who believe in the public sector and think economic equality matters) got beaten badly in the supervisors races. And he uses Aaron Peskin as the personification of the far left (amusing, because if you actually talk to Peskin, and look at his record, he’s hardly a crazy leftist. And I say that as someone who is. A crazy leftist, I mean.)

Anyway, here’s what Nevius missed:

Malia Cohen is on the Board of Supervisors because of Aaron Peskin.

Look at what happened in the ranked choice voting. Cohen came from back in the pack because of second-place votes — and a lot of that was because the Democratic County Central Commitee put her as its #2 choice, after DeWitt Lacy, who didn’t run much of an effective campaign.

How did she get the #2? How did a candidate who is bad on tenant issues beat out Tony Kelly, who was by far the most progressive contender, at the supposedly “far left” DCCC? That was the work of Peskin — who, to the chagrin of a lot of progressives (including me) decided to vote for and promote Cohen as the second choice on the slate.

First of all, that was hardly the move of a “far leftist,” since Cohen certainly ran as a more moderate candidate. Second, it showed that the “far left” isn’t some giant organized hippie commie bloc led by Commisar Peskin; it’s a sometimes-united, often-fractious coalition that shares some interests and agendas but doesn’t always have its shit together.

Then there’s this notion the moderates swept into power. Actually, by chance of the way lines are drawn, the even-numbered seats have always been more conservative than the odd-numbered ones. In this case, in many of the races, the progressives were (to quote Calvin Welch) “playing with the house’s money.” Check it out:

D2: Janet Reilly would have been much more reasonable than Michela Alioto-Pier, but Mark Farrell won’t be any worse. Almost by definition, he can’t be any worse than Alioto-Pier. That was a conservative seat, and still is.

D4: No change at all, still Carmen Chu, still a moderate-to-conservative seat.

D6: I supported Debra Walker, but by no stretch of the imagination is Jane Kim anything but a progressive. She’ll be more conciliatory than Chris Daly, but that’s not difficult; Walker would have been more conciliatory, too. Different people, different personalities. But in the end, Kim will be a progressive vote; I mean, she started out as a Green Party leader. The “far left” held that district.

 D8: Definitely the house’s money. Scott Wiener won’t be a whole lot different on the issues than Bevan Dufty. If Rafael Mandelman had won, it would have been a net pickup for the left, but as it is, I’d call it a wash. Sure, the DCCC endorsed Mandelman and he lost, but we all know that was an uphill battle; Wiener has been working that district for years, had plenty of money, was better-known, had the support of Mark Leno, who once held that seat and is immensely popular in the district.   

D10: Sophie Maxwell was never part of the progressive bloc on the board. Sometimes she voted with them; sometimes she didn’t. Tony Kelly would have increased the size of the progressive majority; Malia Cohen doesn’t change it.

In two years, five key progressive seats will be on the ballot — Eric Mar seeking re-election in D1, David Chiu in D3, Ross Mirkarimi termed out and an open race in D5, and David Campos and John Avalos running again in D9 and D11. That’s where the battle to hold the progressive majority will be fought — and those are districts where the DCCC has more influence anyway.

In other words, since the return of district election, the progressives — the “far left” if that’s what you want to call us — have only held one of the five even-numbered seats, and still do. That’s not spin, Chuck; that’s reality.

 PS: Just for fun, I went back four years and checked out our endorsements for supervisor the last time the even-numbered seats were up. W endorsed Sophie Maxwell for re-election in D10 (with reservations, and lacking a credible progressive alternative) and Daly was re-elected with our support in D6. But our candidates lost in D2, D4 and D8.  Nobody talked about the left getting destroyed.

Editor’s Notes

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tredmond@sfbg.com

Imagine if the next mayor of San Francisco was chosen in public. I don’t mean the supervisors voting in public — they’ll have to do that at some point anyway. I mean the various possible candidates going through a process that allows the public to see who’s on the short list — and where those candidates are on the issues.

Sup. John Avalos, with the backing of his colleagues Chris Daly and David Campos, have started the process by suggesting that the board nominate candidates, soon. The idea, Avalos says, is to get a new mayor chosen early so that person can start on the transition process and get up to speed on leading the city.

But there are further steps here. When the supervisors nominate candidates for less significant offices, the Rules Committee holds a hearing and discusses the nominees. What if the supervisors, meeting as a Committee of the Whole, nominated, say, a half-dozen people for the job of interim mayor — then asked each candidate to appear before the group and answer questions?

The voters just overwhelmingly approved a charter amendment that will require the next mayor to appear at a board meeting once a month. There’s no reason the candidates shouldn’t do the same.

The supervisors have every right to ask someone who wants to be mayor what his or her position is on a long list of policy issues. And the pubic has every right to hear the responses.

I know, I know — the candidates would hate it. Standing in front of 11 people, from Chris Daly to Sean Elsbernd, and submitting to the mother of all job interviews would be unpleasant, perhaps unsettling. Some of the top contenders might bow out at the prospect.

But let’s be serious: In a normal campaign, the voters get to see candidates for mayor speak, take stands on issues, and engage in debates. I can’t see the supervisors choosing a new mayor on good faith alone (well, I’d take Tom Ammiano on good faith, but he doesn’t want the job). And if there aren’t any public discussions or interviews, then the only screening process is going to happen privately, with individual board members contacting individual candidates and (most likely) cutting deals.

I think it’s perfectly fair to say to the potential candidates: You want to be mayor of San Francisco? Spend an hour making the case for yourself and fielding questions from the people who are about to hire you. And let the rest of us watch.

Only a miracle can save Steve Li now

41

Supporters of Shing Ma “Steve” Li, a 20-year-old nursing student, gathered outside the offices of Sen. Barbara Boxer today to urge her to sponsor a private bill in a last ditch effort to halt Li’s deportation to Peru, which is scheduled to take place Monday, November 15—two months after ICE (Immigration and Customs Enforcement) agents arrested Li in San Francisco.

“While we do not introduce private bills, our staff is happy to meet with Mr. Li’s family and his attorneys to discuss his case,” Boxer spokesperson Zachary Coile emailed the Guardian, as protesters delivered stack of letters to Boxer’s office, asking that she intervene in Li’s case.

Unlike Sen. Dianne Feinstein who has sponsored private bills in the past, Boxer has no record of intervening in this way. But advocates were hopeful that now that she has survived the November 2010 election, Boxer will pull off a miracle before Monday.

This afternoon, Li’s attorney Sin Yen Ling texted the Guardian that her request for deferred action had been denied, meaning that Li will be on a plane to Peru on Monday, baring some last minute miracle.

“Our office has been in touch with ICE and is exploring the options,” Gil Duran, media spokesperson for Sen. Dianne Feinstein told the Guardian, half an hour after Li’s request for deferred action was denied.

And Boxer spokesperson Zachary Coile said the senator’s staff met with Li’s mother, his attorney, his City College professor and others, this afternoon.

“While we do not introduce private bills, our staff was happy to meet with Steve Li’s family and his attorney to discuss his case,” Coile stated. “We reiterated Senator Boxer’s strong support for the DREAM Act, which would provide a path to citizenship for tens of thousands of undocumented students who go to college or serve in the military. Senator Boxer will keep working in the Senate until it becomes law.”

And tonight, Drew Hammill, press secretary to Speaker Nancy Pelosi emailed the following statement to the Guardian:

“Speaker Pelosi believes that Steve Li’s case is a textbook example of the pressing need for comprehensive immigration reform and passage of the DREAM Act. Speaker Pelosi is working with other Members to recommend that ICE grant deferred action in this case.”

Boxer, Feinstein and Pelosi, who have both been strong supporters of the DREAM Act, have vowed to keep working until it is passed.

Earlier this fall, on Sept. 14—the day before ICE arrested Li– Senate Majority Leader Harry Reid announced plans to add the DREAM Act as an amendment to the Department of Defense authorization bill.

But that effort was blocked by Senate Republicans. And after the bloodbath that congressional Democrats endured this November, it’s unclear if the DREAM Act has a prayer, though Nancy Pelosi vowed to move it forward during Congress’ upcoming lame-duck session, and it has continued to attract bi-partisan support since it was first introduced in 2001 by Senators Richard Durbin (D-Il) and Richard Lugar (R-IN).

At today’s protest, Li’s legal counsel, Sin Yen Ling, decried the federal government’s decision to deport her client.

“A 20-year-old City College student is not a threat to our national security,” Ling said. “We need to bring Steve Li home as soon as possible.”

According to Ling, Li has not seen his mother Maria, who divorced Li’s dad for years and lives with Li in San Francisco, since his Sept. 15 arrest, when  ICE picked up Li and his mother in Ingleside on Sept. 15 and placed them in separate cars. The car carrying Li then picked up Li’s  father in the Richmond, and all three family members were processed at ICE’s Sansome Street office in downtown San Francisco, before being transferred to Sacramento County Jail. But Li was then involuntarily transferred to an ICE detention facility in Arizona. Meanwhile, Li’s parents were released from detention when ICE determined that China does not want them back because they left China seeking political asylum. But they are now required to wear cumbersome electronic monitoring anklets, because they are deemed a flight risk, and are not allowed to leave San Francisco.

As a result, Li’s parents have been unable to visit their son in Arizona. And should he be deported to Peru, it’s not clear if they will be permitted to follow. And should if they decide to travel to Peru, they will not be allowed to reenter the U.S. for at least ten years, further complicating a complex situation.

At today’s rally, Li’s mother Maria spoke in public for the first time,  breaking down into tears, as she begged Sen. Boxer and the U.S. government to help.

“He has no money, no clean clothes, how will he get by?” she asked, referring to ICE’s plan to put her son on a plane to Lima, Peru, where he reportedly knows no one.  “Sen. Boxer, will you just watch and pretend you didn’t see anything? Today, when you see all of us standing here begging you, will you respond to us? I hope you can understand it from a mother’s perspective and meet with me to discuss how we can help Steve.”

Ling said Li’s mother decided to speak because of the direness of her son’s situation, even though she was wearing a federally-mandated monitoring anklet.
“She felt it was now or never,” Ling said.

Li’s teacher Sang Chi also spoke, praising Li as a model student and a prime example of the kind of person that should be eligible for the DREAM Act. And then the Rev. Norman Fang led Li’s supporters in a prayer.

‘We ask that a miracle take place and that Steve’s mom and San Francisco can be happy again, that the heart and soul of what is morally right can overcome regulations,” Fang said, noting that 100 years, his family members were detained at Angel Island “for no other reason than they were Chinese. ‘There is only one border in our world—the one that separates Heaven and Earth.”

Li’s attorney Sin Yen Ling clarified that she doesn’t believe that ICE singled Li out.
“He’s just been swept up as part of a larger program,” Ling said, noting that actions that split families apart and target folks who came to this country as undocumented children have inspired a movement of DREAMers—folks who support the DREAM Act.

Every year, about 65,000 U.S. raised students, who would qualify for the DREAM Act’s proposed benefits, graduate from high school, according to the National Immigration Law Center (NILC).

“These include honor roll students, star athletes, talented artists, homecoming queens, and aspiring teachers, doctors and U.S. soldiers,” states a NILC press release. “They are young people who have lived in the U.S. for most of their lives and desire only to call this country their home. Even though they were brought to the U.S. years ago as children, they face unique barriers to higher education, are unable to work legally in the U.S. and often live in constant fear of detection by immigration authorities.”

Asked how ICE caught up with Li, who does not have a criminal record, Ling pointed to modern technology
“In this day and age, you can track anyone down,” Ling said.” And it’s a priority for ICE to identify people with final deportation orders,” she continued. Ling was referring to the fact that Li’s parents were denied their request for political asylum from China and issued a removal order, unbeknownst to their son Steve, who was born in Peru, came to the U.S. when he was 12 and was 14, when his parents’ asylum request was denied.

But Ling did not blame President Barack Obama, who promised to bring millions of undocumented residents out of the shadows, when he was running for president in 2008.
“It’s tough to criticize the president when he had five different priorities coming into office, including healthcare. His administration probably miscalculated how long it would take to pass healthcare. And part of the problem is partisan politics around immigration.”

Ling estimates that there are two million young people currently in the U.S. who would benefit from the passage of the DREAM Act, but blamed partisan politics for why the legislation failed to pass by only 3 votes in the Senate in September.

Sup. David Campos showed up at the rally and told Li’s supporters that the Board of Supervisors unanimously approved a resolution Nov. 9 calling for ICE to defer Li’s deportation.

“The Board is not always on the same page, but on this issue we were unanimous,” Campos said. “We get it, we understand the tragedy that this deportation would result in. And we remain hopeful that something will happen. There are millions of young people in the same predicament, and the solution is not deportation. The solution is passing comprehensive immigration reform. Until then, we need an intervention.”

Meanwhile, somewhere in Arizona, Steve Li sits in a jail cell, hoping, praying and dreaming…

Yee launches mayoral bid as supervisors consider their options

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Amid the jockeying for position on who will be San Francisco’s next mayor, Sen. Leland Yee this morning filed paperwork at the SF Elections Department to form a mayoral exploratory committee before a throng of journalists who were invited yesterday for a big “announcement.”

Yee diligently hit his talking points and did little to divert from a script emphasizing his deep local roots, his belief in being a humble public servant, and how this action was “beginning a conversation with San Franciscans” about “what they want of their city government and their next mayor.” Yee used the word “conversation” so many times that an AP reporter asked him to explain his issues and reasons for running without using the word “conversation,” a word Yee still slipped into his answer.

Meanwhile, members of the Board of Supervisors yesterday introduced competing motions for naming an interim mayor to replace Gavin Newsom while he leaves in January to become lieutenant governor. Sups. John Avalos, David Campos, and Chris Daly are seeking to have the board vote on a replacement mayor as soon as next week, while Board President David Chiu asked the board clerk’s office to develop a framework and process for choosing a new mayor. Asked whether he has the six votes needed to take up the matter next week, Avalos told the Guardian, “That’s my hope, but we’ll see.”

While Yee seems focused on winning the mayoral election next fall, rather than winning six votes on the board now, he told reporters, “I have the highest regard for members of the Board of Supervisors…They have a tremendous challenge in front of them and I wish them well.”

In his prepared statement that listed his contact person as Jim Stearns, a political consultant who usually works for progressive candidates and ballot measures, Yee sought to differentiate himself from Newsom, who has had hostile relations with the board throughout his seven-year tenure. “I want to see the Mayor work with, and not against the Board of Supervisors,” Yee said in that statement.

Asked by the Guardian to elaborate on what appears to be a critique of Newsom, Yee demurred. “I’m not going to judge this mayor. History will do that,” he said.

Playing it safe for now could be a sound strategy for Yee, who would be the city’s first Chinese-American mayor and who has a history of endorsing progressive candidates and positions, but who also just raised and spent more than $1.2 million (much of it in big corporate donations that far exceed limits on local donations that his committee will now allow him to begin collecting) on his uncontested Senate reelection, including giving six-figures to Stearns and spending almost as much on polling.

Stearns tells the Guardian that, consistent with his message today, Yee will run a very positive campaign. “We’re going to run a different kind of campaign, a very collaborative campaign,” he said. “This city deserves a different kind of campaign where people are just firing their guns at each other.”

The next mayor

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tredmond@sfbg.com

By the time a beaming Mayor Gavin Newsom took the stage at Tres Agaves, the chic SoMa restaurant, on election night, enough results were in to leave no doubt: the top two places on the California ballot would go to the Democrats. Jerry Brown would defeat Meg Whitman in the most expensive gubernatorial race in American history — and Newsom, who once challenged Brown in the primary and dismissed the office of lieutenant governor, would be Brown’s No. 2.

It might not be a powerful job, but Newsom wasn’t taking it lightly anymore. “We can’t afford to continue to play in the margins,” he proclaimed proudly, advancing a vague but ambitious agenda. “There is absolutely nothing wrong with California that can’t be fixed with what’s right with California.”

But around the city, as results trickled in for the local races, the talk wasn’t about Newsom’s role in the Brown administration, or the change the Democrats might bring to Sacramento. It was about the profound change that could take place in his hometown as he vacates the office of mayor a year early — and opens the door for the progressives who control the Board of Supervisors to appoint a chief executive who agrees with, and is willing to work with, the majority of the district-elected board.

At a time when the Republican takeover of Congress threatens to create gridlock in Washington, there’s a real chance that San Francisco’s government — often paralyzed by friction between Newsom and the board — could take on an entirely new direction. It’s possible that the progressives, long denied the top spot at City Hall, could put a mayor in office who shares their agenda.

This could be a turning point in San Francisco, a chance to put the interests of the neighborhoods, the working class, small businesses, the environmental movement, and economic justice ahead of the demands of downtown and the rich. All the pieces are in place — except one.

To make a progressive vision happen, the fractious (and in some cases, overly ambitious) elected leaders of the progressive movement will have to recognize, just for a little while, that it’s not about any individual. It’s not about David Chiu, or Ross Mirkarimi, or Chris Daly, or John Avalos, or Eric Mar, or David Campos, or Jane Kim, or Aaron Peskin. It’s not about any one person’s career or personal power.

It’s about a progressive movement and the issues and causes that movement represents. And if the folks with the egos and personal gripes and career designs can’t set them aside and do what’s best for the movement as a whole, then the opportunity of a generation will be wasted.

Folks: this is a hard thing for politicians to recognize. But right now it’s not about you. It’s about all of us.

It’s an odd time in San Francisco, fraught with political hazards. And it’s so confusing that no one — not the elected officials, not the pundits, not the lobbyists, not the insiders — has any clear idea who will occupy Room 200 in January.

Here’s the basic scenario, as described by past opinions of the city attorney’s office:

Under the state Constitution, Newsom will take office as lieutenant governor Jan. 3, 2011. The City Charter provides that a vacancy in the Mayor’s Office is filled by the president of the Board of Supervisors until the board can choose someone to fill the job until the end of the term — in this case, for 11 more months.

So if all goes according to the rules (and Newsom doesn’t try to play some legal game and delay his swearing-in), David Chiu will become acting mayor on Jan.3. He’ll also retain his job as board president.

On Jan. 4, the current members of the Board of Supervisors will hold a regularly scheduled Tuesday meeting — and the election of a new mayor will be on the agenda. If six of the current supervisors can agree on a name (and sitting supervisors can’t vote for themselves) then that person will immediately take office and finish Newsom’s term.

If nobody gets six votes — that is, if the board is gridlocked — Chiu remains in both offices until the next regular meeting of the board — a week later, when the newly elected supervisors are sworn in.

The new board will then elect a board president — who will also instantly become acting mayor — and then go about trying to find someone who can get six votes to take the top job. If that doesn’t work — that is, if the new board is also gridlocked — then the new board president remains acting mayor until January 2012.

There are at least three basic approaches being bandied about. Some people, including Newsom and some of the more conservative members of the board, want to see a “caretaker” mayor, someone with no personal ambition for the job, fill out Newsom’s term, allowing the voters to choose the next mayor in November, 2011. That has problems. As Campos told us, “The city has serious budget and policy issues and it’s unlikely a caretaker could handle them effectively.” In other words, a short-termer will have no real power and will just punt hard decisions for another year.

Then there’s the concept of putting in a sacrificial progressive — someone who will push through the tax increases and service cuts necessary to close a $400 million budget gap, approve a series of bills that stalled under Newsom, take the hits from the San Francisco Chronicle, and step out of the way to let someone else run in November.

The downside of that approach? It’s almost impossible for a true progressive to raise the money needed to beat a downtown candidate in a citywide mayor’s race. And it seems foolish to give up the opportunity to someone in the mayor’s office who can run for reelection as an incumbent.

Which is, of course, the third — and most intriguing — scenario.

The press, the pundits, and the mayor have for the past few months been pushing former Sup. Peskin as the foil, trying to spin the situation to suggest that the current chair of the local Democratic Party is angling for a job he wouldn’t win in a normal election. But right now, Peskin is no more a front-runner than anyone else. And although he’s made no secret in the past of wanting the job, he’s been talking of late more about the need for a progressive than about his own ambitions.

“If the board chose [state Assemblymember] Tom Ammiano, I would be thrilled to play a role, however small, in that administration,” Peskin told us.

In fact, Peskin said, the supervisors need to stop thinking about personalities and start looking at the larger picture. “If we as a movement can’t pull this off, then shame on us.”

Or as Sup. Campos put it: “We have to come together here and do what’s right for the progressive movement.”

Two years ago, the San Francisco left was — to the extent that it’s possible — a united electoral movement. In June, an undisputed left slate won a majority on the Democratic County Central Committee. In November 2008, Districts 1, 3, 5, and 11 saw consensus left candidates running against downtown-backed opponents — and won. In D9, three progressives ran a remarkably civil campaign with little or no intramural attacks.

The results were impressive. As labor activist Gabriel Haaland put it, “we ran the table.”

But that unity fell apart quickly, as a faction led by Daly sought to ensure that Sup. Ross Mirkarimi couldn’t get elected board president. Instead that job went to Chiu — the least experienced of the supervisors elected in that class, and a politician who is, by his own account, the most centrist member of the liberal majority.

This fall, the campaign to replace Daly in D6 turned nasty as both Debra Walker and Jane Kim openly attacked each other. Walker sent out anti-Kim mailers, and Kim’s supporters charged that Walker was part of a political machine — a damaging (if silly) allegation that created a completely unnecessary rift on the left.

And let’s face it: those fights were all about personality and ego, not issues or progressive strategy. Mirkarimi and Daly have never had any substantive policy disagreements, and neither did Walker and Kim.

In the wake of that, progressives need to come together if they want to take advantage of the opportunity to change the direction of the city. It’s not going to be easy.

“We’re good at losing,” Daly said. “I’m afraid we’re doing everything we can to blow it.”

The cold political calculus is that none of the current board members can count on six votes, and neither can Peskin or any of the other commonly mentioned candidates. The only person who would almost certainly get six votes today is Ammiano — and so far, he’s not interested.

“I know you never say never in politics, but I’m happy here in Sacramento. Eighty-six percent of the voters sent me back for another term, and I think that says something,” he told us.

It’s hardly surprising that someone like Ammiano, who has a secure job he likes and soaring approval ratings, would demur on taking on what by any account will be a short-term nightmare. The city is still effectively broke, and next year’s budget shortfall is projected at roughly $400 million. There’s no easy way to raise revenue, and after four years of brutal cuts, there’s not much left to pare. The next mayor will be delivering bad news to the voters, making unpleasant and unpopular decisions, infuriating powerful interest groups of one sort or another — and then, should he or she want the job any longer, asking for a vote of confidence in November.

Yet he power of incumbency in San Francisco is significant. The past two mayors, Newsom and Willie Brown, were reelected easily, despite some serious problems. And an incumbent has the ability to raise money that most progressives won’t have on their own.

Chiu thus far is being cautious. He told us his main concern right now is ensuring that the process for choosing the next mayor is open, honest, and legally sound. He won’t even say if he’s officially interested in the job (although board observers say he’s already making the rounds and counting potential votes).

And no matter what happens, he will be acting mayor for at least a day, which gives him an advantage over anyone else in the contest.

But some of the board progressives are unhappy about how Chiu negotiated the last two budget deals with Newsom and don’t see him as a strong leader on the left.

Ross Mirkarimi is the longest-serving progressive (other than Daly, who isn’t remotely a candidate), and he’s made no secret of his political ambitions. Then there’s Campos, an effective and even-tempered supervisor who has friendly relationships with the board’s left flank and with centrists like Bevan Dufty. But even if Dufty (who I suspect would love to be part of electing the first openly gay mayor of San Francisco) does support Campos, he’d still need every other progressive supervisor. Campos also would need Chiu’s vote to go over the top. Which means Chiu — who needs progressive support for whatever his political future holds — would have to set aside his own designs on the job to put a progressive in office.

In other words, some people who want to be mayor are going to have to give that up and support the strongest progressive. “If there’s someone other than me who can get six votes, then I’m going to support that person,” Campos noted.

Then there are the outsiders. City Attorney Dennis Herrera has already announced he plans to run in the fall. If the board’s looking for a respected candidate who can appeal to moderates as well as progressives, his name will come up. So will state Sen. Mark Leno, who has the political gravitas and experience and would be formidable in a re-election campaign in November. Leno doesn’t always side with the left on local races; he supported Supervisor-elect Scott Wiener, and losing D6 candidate Theresa Sparks. But he has always sought to remain on good terms with progressives.

All that assumes that the current board will make the choice — and even that is a matter of strategic and political dispute. If the lame duck supervisors choose a mayor — particularly a strong progressive — you can count on the San Francisco Chronicle, Newsom, and the downtown establishment to call it a “power grab” and cast doubt on the legitimacy of the winner.

“But choosing a mayor is the legal responsibility of this board and they ought to do their jobs,” Peskin said.

The exact makeup of the next board was still unclear at press time. Jane Kim is the likely winner in D6 and has always been a progressive on the School Board. She’s also close to Chiu, who strongly supported her. If Malia Cohen or Lynette Sweet wins D10, it’s unlikely either of them will vote for a progressive mayor.

Newsom also might try to screw things up with a last-minute power play. He could, for example, simply refuse to take the oath of office as lieutenant governor until after the new board is seated.

Chiu’s allies say it makes sense for the progressives to choose a mayor who’s not identified so closely with the left wing of the board, who can appeal to the more moderate voters. That’s a powerful argument, and Herrera and Leno can also make the case. The progressive agenda — and the city — would be far better off with a more moderate mayor who is willing to work with the board than it has been with the arrogant, recalcitrant, and distant Newsom. And if the progressives got 75 percent of what they wanted from the mayor (as opposed to about 10 percent under Newsom), that would be cause to celebrate.

But to accept that as a political approach requires a gigantic assumption. It requires San Franciscans to give up on the idea that this is still, at heart, a progressive city, that the majority of the people who live here still believe in economic and social justice. It means giving up the dream that San Francisco can be a very different place, a city that’s not afraid to defy national trends and conventional wisdom, a place where socioeconomic diversity is a primary goal and the residents are more important than the big companies that try to make money off them. It means accepting that even here, in San Francisco, politics have to be driven by an ever-more conservative “center.”

It may be that a progressive can’t line up six votes, that a more moderate candidate winds up in the Mayor’s Office. But a lot of us aren’t ready yet to give up hope.

Additional reporting by Noah Arroyo.