Ed Lee

The Mirkarimi vote: Will there be some profiles of courage?

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(See the postscript for the Chronicle’s shameful crucifixion coverage of Mirkarimi and a timely, newsworthy oped it refused to run by Mirkarimi’s former girl friend. And how Chronicle columnist Debra Saunders ran the Nieves piece on her blog. Damn good for you, Debra Saunders.)

On Jan. 6, 2011, the Bay Citizen/New York Times broke a major investigative story headlined “Behind-the-Scenes Power Politics: The Making of Ed Lee.” The story by Gerry Shih detailed how then Mayor Gavin Newsom, ex-Mayor Willie Brown, and his longtime political ally Rose Pak orchestrated an “extraordinary political power play” to make Ed Lee the interim mayor to replace Newsom, the lieutenant governor-elect.

The story also outlined the start of a chain of events that leads to the vote by the San Francisco Board of Supervisors on Tuesday on whether Sheriff Ross Mirkarimi keeps his job.

Shih reported that “word had trickled out” that the supervisors had narrowed the list of interim candidates to three—then Sheriff Michael Hennessey, former Mayor Art Agnos, and Aaron Peskin, then chairman of the city’s Democratic party.  But the contenders “were deemed too liberal by Pak, Brown, and Newsom, who are more moderate.”

Over the next 48 hours, Pak, Brown, and the Newsom administration put together the play, “forging a consensus on the Board of Supervisors, outflanking the board’s progressive wing and persuading Lee to agree to become San Francisco’s first Asian-American mayor, even though he had told officials for months that he had no interest in the job,” Shih wrote.

The play was sold on the argument that Lee would be an “interim mayor” and that he would not run for mayor in the November election. The Guardian and others said at the time that the play most likely envisioned Lee saying, or lying, that he would not run for mayor and then, at the last minute, he would run and overpower the challengers as an incumbent with big downtown money behind him.  This is what happened. That is how Ed Lee, a longtime civil servant, became the mayor and that is how the Willie Brown/Rose Pak gang won the day for the PG&E/Chamber of Commerce/big developer bloc and thwarted the progressives.

Let us note that the other three interim candidates would most likely never have done what Lee did and suspend Mirkarimi for pleading guilty to misdemeanor false imprisonment in an arm-bruising incident with his wife Eliana. In fact, Hennessey supported Mirkarimi during the election and still does and says he is fit to do the job of sheriff. 

This was a political coup d’etat worthy of Abe Ruef, the City Hall fixer at the start of the century. “This was something incredibly orchestrated, and we got played,” Sup. John Avalos told Shih. Sup. Chris Daly was mad as hell and he voted for Rose Pak because, he told the Guardian, she was running everything in City Hall anyway. Significantly, the San Francisco Chronicle missed the story and ever after followed the line of its columnist/PG&E lobbyist Willie Brown and Pak by supporting Lee for mayor without much question or properly reporting the obvious power structure angles and plays.

This is the context for understanding a critical part of the ferocity of the opposition to Mirkarimi. As the city’s top elected progressive, he was a politician and force to be reckoned with. His inaugural address as sheriff  demonstrated his creative vision for the department and that he would ably continue the progressive tradition of Richard Hongisto and Hennessey. That annoyed the conservative law enforcement folks. He could be sheriff for a good long time, keep pushing progressive issues from a safe haven, and be in position to run for mayor when the time came. So he was a dangerous character.  

To take one major example, the  PG&E political establishment and others regard him as Public Enemy No. 1. Among other things, he managed as an unpaid volunteer two initiative campaigns during the Willie Brown era. They were aimed at kicking PG&E out of City Hall, enforcing the public power provisions of the federal Raker Act, and bringing  the city’s cheap Hetch Hetchy public power to its residents and businesses for the first time. (See Guardian stories since 1969 on the PG&E/Raker act scandal.)

He then took the public power issue into City Hall when he became a supervisor and aggressively led the charge for the community choice aggregation (cca) project.  His work was validated in the recent 8-3 supervisorial vote authorizing the city to start up a public power/clean energy program. This is the first real challenge ever to PG&E’s private power monopoly.

Significantly, Willie is now an unregistered $200,000 plus a year lobbyist for PG&E. He writes a column for the San Francisco Chronicle promoting, among other things, his undisclosed clients and allies and whacking Mirkarimi and the progressives and their issues on a regular basis.  And he is always out there, a phone call here, an elbow at a cocktail party there, to push his agenda.   The word is that he’s claiming he has the votes to fire Mirkarimi.

The point is that the same forces that put Lee into office as mayor are in large part the same forces behind what I call the political assassination of Mirkarimi.  And so, when the Mirkarimi incident emerged, there was an inexorable  march to assassination. Maximum resources and pressure from the police on Mirkarimi. And then maximum pressure from the District Attorney. And then maximum pressure from the judicial process (not even allowing  a change of venue for the case after the crucifixion media coverage.)  And then Lee calls Mirkarimi “a wife beater” and suspends him with cruel and unusual punishment: no pay for him, his family, his home, nor legal expenses for him or Eliana for the duration.

And then Lee pushes for maximum pressure from the City Attorney and the Ethics Commission to try Mirkarimi and force the crucial vote before the election to put maximum pressure on the supervisors. Obviously, the vote would be scheduled after the election if this were a fair and just process.

Lee, the man who was sold as consensus builder and unifier, has become a polarizer and punisher on behalf of the boys and girls  in the backroom.  

And so the supervisors are not just voting to fire the sheriff.  Mirkarimi, his wife Eliana, and son Theo, 3, have already paid a terrible price and, to their immense credit, have come back together as a family.

The supervisors got played last time and voted for a coup d’etat to make Lee the mayor, rout the progressives, and keep City Hall safe for Willie Brown and Rose Pak and friends.   This time the stakes are clear: the supervisors are now voting on the political assassination of the city’s top elected progressive and it’s once again aimed at helping keep City Hall safe for PG&E, the Chamber, and big developers.

The question is, will there be some profiles of courage this time around? b3

P.S.1  Julian Davis for District 5 supervisor: “Supes mum on sheriff,” read the Sunday Chronicle head. Nobody would say how he/she would vote. And poor Sup. Sean Elsbernd claimed that he would be “holed all Sunday in his office reading a table full of thick binders of official documents related to the case plus a few that he’s prepared for himself containing some case law.”  (Anybody wonder how he’s going to vote? Let’s have a show of hands.)  

The last time I saw Julian Davis he was holding a “Stand with Ross” sign at a Mirkarimi rally on the City Hall steps. With Davis, there would be no second guessing and hand wringing on how he would vote. That’s the problem now with so many neighborhood supervisors who go down to City Hall and vote with Willie and downtown. Davis would be a smart, dependable progressive vote in the city’s most progressive district (5), and a worthy successor to Matt Gonzalez and Ross Mirkarimi. If Davis were on the board now, I’m sure he would stand with Ross and speak for Ross, no ifs, ands, or buts. And his vote might be decisive.  

P.S. 2 The Chronicle’s  shameful crucifixion of Mirkarimi continues  The Chronicle has refused to run a timely and  newsworthy op ed piece from Evelyn Nieves, Mirkarimi’s former girl friend. She  wrote an op ed piece for the Chronicle four days before the Tuesday vote.  Nieves is an accomplished journalist who for several years was the San Francisco bureau chief for the New York Times.  She told me that she was notified Monday morning that the Chronicle didn’t have room for the op ed in Tuesday’s paper. I sent an email to John Diaz, Chronicle editorial page editor, and asked him why the Chronicle couldn’t run her op ed when the paper could run Willie Brown, the unregistered $200,000 plus PG&E lobbyist who takes regular whacks at Mirkarimi, as a regular featured column in its Sunday paper.  No answer at blogtime.

This morning, I opened up the Chronicle to find that the paper, instead of running the Nieves piece today or earlier,  ran an op ed titled “Vote to remove Mirkarmi,” from Kathy Black, executive director of the Casa de las Madres, the non profit group that advocates against domestic violence. It has been hammering Mirkarimi for months. On the page opposite, the Chron ran yet another lead editorial, urging the supervisors to “Take a Stand” and vote for removal because “San Francisco now needs its leaders to lead.” It was as if Willie was not only directing the Chronicle’s news operation but writing its editorials–and getting paid both by PG&E and the Chronicle.  And so the Chronicle started out with shameful crucifixion coverage of  Mirkarimi and then continued the shameful crucifixion coverage up until today. Read Nieves on Ross.

Well, the honor of the Chronicle was maintained by columnist Debra Saunders, virtually the Chroncle’s lone journalistic supporter of Mirkarmi during his ordeal. Many Chronicle staffers are privately supportive of Ross, embarrassed by Willie’s “journalism,” and critical of the way the Chronicle has covered Mirkarimi. Saunders posted the Nieves column her paper refused to print on her Chronicle blog. Damn good for you, Debra Saunders.  

 

 

Open doors await on Affordable Housing Day

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Tomorrow, 10/6 from 1pm-4pm, you can tour several of the city’s affordable housing sites — there’s even a handy citywide bike tour! — and  get an indepth look inside many of the innovative buildings that have recently gone up (or been rehabbed) in San Francisco, helping to house the homeless and make the city an affordable place to live for seniors, families, and people with special needs.

There will be refreshments! And also access to detailed information about the design, finances, and management of the buildings. And if you’re interested in finding out how to apply to live at one of the sites, there’ll be info about that, too. 

For Nosey Parkers like me who just like to go inside buildings and have a good gander, this will be pretty neat. (Also, my husband works in non-profit housing, and I get the backstory on a lot of the great stuff going on at these buildings, but never get to see it all!) And many of the buildings are doing really cool things environmentally and designwise. Complete list of locations and official press release after the jump.

SITE LIST:

Armstrong Place, 3rd Street & Armstrong
Bayview Commons, 4445 3rd Street
Bishop Swing, 275 10th Street
Broadway Family Apartments, 810 Battery Street
CASA, 5199 Mission Street
I Hotel, 868 Kearny Street
Mendelsohn House, 737 Folsom
Mosaica, 2949 19th Street
Notre Dame Plaza, 347 Dolores Street
St. Peters Place, 29th Avenue & Geary Street
The Hayes, 55 Page Street
Westbrook Plaza, 255 7th Street
Zygmunt Arendt House, 850 Broderick

Affordable Housing Day San Francisco to be held on Saturday, October 6
The Council of Community Housing Organizations, the American Institute of Architects San Francisco, and SPUR invite the community to an open house highlighting the benefits of affordable housing in San Francisco.

SAN FRANCISCO ─ As part of a citywide Affordable Housing Day, neighborhood affordable housing organizations throughout San Francisco will open up selected buildings for tours, info sessions and refreshments. Included in the tours will be examples of housing designed for seniors, families and people with special needs. The goal of the citywide day is to provide an opportunity for up close and personal experience with the people and places that make up San Francisco’s affordable housing. Each location will have detailed information about design, finance and management of these housing developments as a sample of the many affordable housing sites across the city. And for individuals interested in obtaining affordable housing, each participating organization will have information about qualifications, the application process, and vacancies.

Fernando Martí, co-director of the Council of Community Housing Organizations which is sponsoring the event, said “These are great examples of housing for everyday San Franciscans, slowing SF’s family flight, so that our children and grandchildren can continue to live in the City they helped build. Affordable housing also preserves the diversity of our neighborhoods, stabilizing communities from gentrification, while improving living conditions.”

There will be building tours throughout the city including the South of Market, Richmond, Mission, Excelsior, Bayview and Western Addition neighborhoods. Participants are welcome to visit all the open house locations, or just stop by the building in their neighborhood. Participating organizations include: Bernal Heights Neighborhood Center, Bridge Housing, Chinatown Community Development Center, Community Housing Partnership, Episcopal Community Services, Mercy Housing, San Francisco Housing Development Corporation, Tenants and Owners Development Corporation, Tenderloin Neighborhood Development Corporation , and The Hayes (55 Page).

“Creating affordable housing helps build our economy, creates jobs in San Francisco and supports families so they can stay, live and succeed in our City,” said San Francisco Mayor Ed Lee. “We must create a permanent source of revenue to fund the production of housing in San Francisco to ensure that seniors, people with disabilities and San Francisco families can continue to call San Francisco home.” Supervisor Christina Olague representing the city’s Western Addition and Hayes Valley neighborhoods where two sites will be open on Affordable Housing Day, said “We are fortunate to have such wonderful examples of affordable housing in my district, it’s a critical part of making diverse and stable neighborhoods.”

Please join us for San Francisco Affordable Housing Day, a free event to be held Saturday, October 6 from 1:00pm – 4:00pm. This is an open house format, so visitors can start at any of the 13 sites.

 

Berkeley Police implement new limits on spying and mutual aid

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The Berkeley Police Department is undergoing some major policy changes after mounting pressure from the community to enact reforms, with new limits on its participation with other law enforcement agencies.  

“There will be some extra reporting standards required, but procedures have been put in place for us to handle these new requirements,” BPD’s Public Information Officer Jennifer Coats told us, although she did not provide details on how they will be implemented. “This will not affect the high level of service the Berkeley Police Department continues to provide the community.”

Sparked by overzealous police responses to the Occupy movement in neighboring Oakland and UC Berkeley and by the issue of local police agencies working with the FBI to spy on law-abiding citizens, community groups in Berkeley urged city officials to revise policies regarding surveillance, intelligence activities, and police mutual aide.  

Leading the charge was the Coalition for a Safe Berkeley and the ACLU of Northern California.  Both groups attended the Sept. 18th Berkeley City Council meeting where the council voted to modify the city’s policing procedures.

Berkeley police will no longer respond immediately and automatically to mutual aid requests from other police agencies. “The policy change that the council approved said that in a case in which there is not serious or violent crime or destruction of property, that our police will seriously evaluate whether or not to respond,” says Councilmember Jesse Arreguin.  “We won’t automatically respond in cases of civil disobedience or peaceful protest.”

Mutual aid agreements were suspended last year while the city adjusted its policies.

“The Berkeley Police Department has a strong working relationship with other police departments,” writes Coats via email. “We are able to review the need for services on a case by case basis and we look forward to continuing to work closely with other agencies.”

Other revisions include the end of surveillance and intelligence gathering of residents who participate in political activity or express First Amendment rights. Police must also have at least reasonable suspicion in order to submit a Suspicious Activity Report, which will then be reviewed by the City Manager for approval before being made available to other police agencies. 

The council postponed a decision on the issue of immigration jail detainers after the ACLU of Northern California expressed its concerns with the proposed policy. The changes come after a decade of police agencies nationwide upping their law enforcement efforts, particularly in border and coastal states like California where local police often work with federal immigration and customs officers.

“After 9/11, there were a lot of agencies reorganized under the Department of Homeland Security and they all started collaborating in ways they hadn’t before,” says Nadia Kayyali of the Bill of Rights Defense Committee, which consulted with the Coalition for a Safe Berkeley.  “Federal and local collaborations are extending across the country and I have yet to see strong evidence that what they’re doing is making us any safer.”

It was almost one year ago that Occupy Oakland made international headlines as clashes between police and protesters turned violent.  The Oct. 25 melee pit police officers from Oakland, Berkeley, and San Francisco against protesters occupying Frank Ogawa Plaza, resulting in serious injuries to protesters.  The mutual aid deployed from Berkeley left many residents livid after watching their police officers assist in using force against peaceful protesters.  

“If you’re involved in something that hurts the rights and security of protesters in a public place, it raises questions of complicity.  We don’t want our police to be used to halt civil liberties,” says George Lippman of the Berkeley Peace and Justice Commission, which was involved in pushing the reforms. “There should be more oversight given to these types of activities of mutual aid when there are First Amendment activities going on.”

Lippman sees increased law enforcement as a growing trend to militarize local communities nationwide, and he points to the armored tank that Berkeley police almost acquired earlier this year as an example. The City Council blocked that effort and it remains unclear why exactly BPD wanted such a bellicose piece of equipment.  

“Fear is always a great substitute for rational thought in American politics,” says Lippman. “It’s also the benefit of those who profit from warfare to have something to base their weapon sales on.”

San Francisco has also taken steps to limit law enforcement practices. In May, the city implemented legislation that will force police officers collaborating with the FBI to adhere to privacy rights as stated in local and state laws.  Although hailed as a step in the right direction, that legislation was watered down after an earlier version was vetoed by Mayor Ed Lee.

Endorsements 2012: San Francisco propositions

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PROPOSITION A

CITY COLLEGE PARCEL TAX

YES

The scathing accreditation report by the Western Association of Schools talks about governance problems at the San Francisco Community College District — a legitimate matter of concern. But most of what threatens the future of City College is a lack of money.

Check out the accreditation letter; it’s on the City College website. Much of what it says is that the school is trying to do too much with limited resources. There aren’t enough administrators; that’s because, facing 20 percent cuts to its operating budget, the college board decided to save front-line teaching jobs. Student support services are lacking; that’s because the district can barely afford to keep enough classes going to meet the needs of some 90,000 students. On the bigger picture, WASC and the state want City College to close campuses and concentrate on a core mission of offering two-year degrees and preparing students to transfer to four-year institutions. That’s because the state has refused to fund education at an adequate level, and there’s not enough money to both function as a traditional junior college and serve as the training center for San Francisco’s tech, hospitality and health-care industry, provide English as a second language classes to immigrants and offer new job skills and rehabilitation to the workforce of the future.

It’s fair to say that WASC would have found some problems at City College no matter what the financial situation (and we’ve found more — the nepotism and corruption under past boards has been atrocious). But the only way out of this mess is either to radically scale back the school’s mission — or to increase its resources. We support the latter alternative.

Prop. A is a modest parcel tax — $79 dollars a year on each property lot in the city. Parcel taxes are inherently unfair — a small house in Hunters Point pays as much as a mansion in Pacific Heights or a $500 million downtown office building. But that’s the result of Prop. 13, which leaves the city very few ways to raise taxes on real property. In the hierarchy of progressive tax options, parcel taxes are better than sales taxes. And the vast majority of San Francisco homeowners and commercial property owners get a huge benefit from Prop. 13; a $6 a month additional levy is hardly a killer.

The $16 million this tax would raise annually for the district isn’t enough to make up for the $25 million a year in state budget cuts. But at least the district would be able to make reasonable decisions about preserving most of its mission. This is one of the most important measures on the ballot; vote yes.

PROPOSITION B

PARKS BOND

YES

There are two questions facing the voters: Does the San Francisco Recreation and Parks Department need money to fix up badly decrepit, sometimes unsafe facilities, and build out new park areas, particularly in underserved neighborhoods? Has the current administration of the department so badly mismanaged Rec-Park, so radically undermined the basic concept of public access to public space, so utterly alienated neighborhoods and communities all over the city, that it shouldn’t be trusted with another penny?

And if your answer to both is yes, how the hell do you vote on Prop. B?

It’s a tough one for us. The Guardian has never, in 46 years, opposed a general obligation bond for anything except jail or prisons. Investing in public infrastructure is a good thing; if anything, the cautious folks at City Hall, who refuse to put new bonds on the ballot until old ones are paid off, are too cautious about it. Spending public money (paid by increased property taxes in a city where at least 90 percent of real estate is way under taxed thanks to Prop. 13) creates jobs. It’s an economic stimulus. It adds to the value of the city’s resources. In this case, it fixes up parks. All of that is good; it’s hard to find a credible case against it.

Except that for the past few years, under the administrations of Mayors Gavin Newsom and Ed Lee and the trusteeship of Rec-Park Directors Jared Blumenfeld and Phil Ginsburg, the city has gone 100 percent the wrong way. Parks are supposed to be public resources, open to all; instead, the department has begun charging fees for what used to be free, has been turning public facilities over to private interests (at times kicking the public out), and has generally looked at the commons as a source of revenue. It’s a horrible precedent. It makes us sick.

Ginsburg told us that he’s had no choice — deep budget cuts have forced him to look for money wherever he can find it, even if that means privatizing the parks. But Ginsburg also admitted to us that, even as chief of staff under Newsom, he never once came forward to push for higher taxes on the wealthy, never once suggested that progressive revenue sources might be an option. Nor did any of the hacks on the Rec-Park Commission. Instead, they’ve been busy spending tens of thousands of dollars on an insane legal battle to evict the Haight Ashbury Neighborhood Council’s recycling center — entirely because rich people in the Haight don’t want poor people coming through their elite neighborhood to cash in bottles and cans for a little money.

So now we’re supposed to cough up another $195 million to enable more of this?

Well, yes. We’re not happy to be endorsing Prop. B, but the bottom line is simple: The bond money will go for things that need to be done. There are, quite literally, parks in the city where kids are playing in unsafe and toxic conditions. There are rec centers that are pretty close to falling apart. Those improvements will last 50 years, well beyond the tenure of this mayor of Rec-Park director. For the long-term future of the park system, Prop. B makes sense.

If the measure fails, it may send Lee and Ginsburg a message. The fact that so many neighborhood leaders are opposing it has already been a signal — one that so far Ginsburg has ignored. We’re going Yes on B, with all due reservations. But this commission has to go, and the sooner the supervisors can craft a charter amendment to give the board a majority of the appointments to the panel the better.+

PROPOSITION C

AFFORDABLE HOUSING TRUST FUND

YES

This measure is about who gets to live in San Francisco and what kind of city this will be in 20 years. If we leave it up to market forces and the desires of developers, about 85 percent of the housing built in San Francisco will be affordable only by the rich, meaning the working class will be forced to live outside the city, clogging regional roadways and transit systems and draining San Francisco of its cultural diversity and vibrancy. And that process has been accelerated in recent years by the latest tech bubble, which city leaders have decided to subsidize with tax breaks, causing rents and home prices to skyrocket.

Mayor Ed Lee deserves credit for proposing this Housing Trust Fund to help offset some of that impact, even if it falls way short of the need identified in the city’s Housing Element, which calls for 60 percent of new housing construction to be affordable to prevent gentrification. We’re also not thrilled that Prop. C actually reduces the percentage of housing that developers must offer below market rates and prevents that 12 percent level from later being increased, that it devotes too much money to home ownership assistance at the expense of the renters who comprise the vast majority of city residents, and that it depends on the passage of Prop.E and would take $15 million from the increased business taxes from that measure, rather than restoring years of cuts to General Fund programs.

But Prop. C was a hard-won compromise, with the affordable housing folks at the table, and they got most of what they wanted. (Even the 12 percent has a long list of exceptions and thus won’t apply to a lot of new market-rate housing.) And it has more chance of actually passing than previous efforts that were opposed by the business community and Mayor’s Office. This measure would commit the city to spending $1.5 billion on affordable housing projects over the next 30 years, with an initial $20 million annual contribution steadily growing to more than $50 million annually by 2024, authorizing and funding the construction of 30,000 new rental units throughout the city. With the loss of redevelopment funds that were devoted to affordable housing, San Francisco is a city at risk, and passage of Prop. C is vital to ensuring that we all have a chance of remaining here. Vote yes.

PROPOSITION D

CONSOLIDATING ODD-YEAR LOCAL ELECTIONS

YES

There’s a lot of odd stuff in the San Francisco City Charter, and one of the twists is that two offices — the city attorney and the treasurer — are elected in an off-year when there’s nothing else on the ballot. There’s a quaint kind of charm to that, and some limited value — the city attorney is one of the most powerful officials in local government, and that race could get lost in an election where the mayor, sheriff, and district attorney are all on the ballot.

But seriously: The off-year elections have lower turnout, and cost the city money, and it’s pretty ridiculous that San Francisco still does it this way. The entire Board of Supervisors supports Prop. D. So do we. Vote yes.

PROPOSITION E

GROSS RECEIPTS TAX

YES

Over the past five years, Board of Supervisors President David Chiu estimates, San Francisco has cut about $1.5 billion from General Fund programs. It’s been bloody, nasty, awful. The budget reductions have thrown severely ill psych patients out of General Hospital and onto the streets. They’ve forced the Recreation and Parks Department to charge money for the use of public space. They’ve undermined everything from community policing to Muni maintenance.

And now, as the economy starts to stabilize a bit, the mayor wants to change the way businesses are taxed — and bring an additional $28.5 million into city coffers.

That’s right — we’ve cut $1.5 billion, and we’re raising taxes by $28.5 million. That’s less than 2 percent. It’s insane, it’s inexcusable, it’s utterly the wrong way to run a city in 2012. It might as well be Mitt Romney making the decision — 98 percent cuts, 2 percent tax hikes.

Nevertheless, that’s where we are today — and it’s sad to say this is an improvement from where the tax discussion started. At first, Mayor Lee didn’t want any tax increase at all; progressive leaders had to struggle to convince him to allow even a pittance in additional revenue.

The basic issue on the table is how San Francisco taxes businesses. Until the late 1990s, the city had a relatively rational system — businesses paid about 1.5 percent of their payroll or gross receipts, whichever was higher. Then 52 big corporations, including PG&E, Chevron, Bechtel, and the Gap, sued, arguing that the gross receipts part of the program was unfair. The supervisors caved in to the legal threat and repeal that part of the tax system — costing the city about $30 million a year. Oh, but then tech companies — which have high payrolls but often, at least at first, low gross receipts — didn’t want the payroll tax. The same players who opposed the other tax now called for its return, arguing that taxing payroll hurts job growth (which is untrue and unfounded, but this kind of dogma doesn’t get challenged in the press). So, after much discussion and debate, and legitimate community input, the supervisors unanimously approved Prop. E — which raises a little more money, but not even as much as the corporate lawsuit in the 1990s set the city back. It’s not a bad tax, better than the one we have now — it brings thousands of companies the previously paid no tax at all into the mix (sadly, some of them small businesses). It’s somewhat progressive — companies with higher receipts pay a higher rate. We can’t argue against it — the city will be better off under Prop. E than it is today. But we have to look around our battered, broke-ass city, shake our poor bewildered heads and say: Is this really the best San Francisco can do? Sure, vote yes on E. And ask yourself why one of the most liberal cities in America still lets Republican economic theory drive its tax policy.

PROPOSITION F

WATER AND ENVIRONMENT PLAN

NO, NO, NO

Reasonable people can disagree about whether San Francisco should have ever dammed the Tuolumne River in 1923, flooding the Hetch Hetchy Valley and creating an engineering marvel that has provided the city with a reliable source of renewable electricity and some of the best urban drinking water in the world ever since. The project broke the heart of famed naturalist John Muir and has caused generations since then to pine for the restoration of a valley that Muir saw as a twin to his beloved nearby Yosemite Valley.

But at a time when this country can’t find the resources to seriously address global warming (which will likely dry up the Sierra Nevada watershed at some point in the future), our deteriorating infrastructure, and myriad other pressing problems, it seems insane to even consider spending billions of dollars to drain this reservoir, restore the valley, and find replacement sources of clean water and power.

You can’t argue with the basic facts: There is no way San Francisco could replace all the water that comes in from Hetch Hetchy without relying on the already-fragile Delta. The dam also provides 1.7 billion kilowatt hours a year of electric power, enough to meet the needs of more than 400,000 homes. That power now runs everything from the lights at City Hall to Muni, at a cost of near zero. The city would lose 42 percent of its energy generation if the dam went away.

Besides, the dam was, and is, the lynchpin of what’s supposed to be a municipal power system in the city. As San Francisco, with Clean Power SF, moves ever close to public power, it’s insane to take away this critical element of any future system.

On its face, the measure merely requires the city to do an $8 million study of the proposal and then hold a binding vote in 2016 that would commit the city to a project estimated by the Controller’s Office to cost somewhere between $3 billion and $10 billion. Yet to even entertain that possibility would be a huge waste of time and money.

Prop. F is being pushed by a combination of wishful (although largely well-meaning) sentimentalists and disingenuous conservatives like Dan Lungren who simply want to fuck with San Francisco, but it’s being opposed by just about every public official in the city. Vote this down and let’s focus our attention on dealing with real environmental and social problems.

PROPOSITION G

CORPORATE PERSONHOOD

YES

If San Francisco voters pass Prop. G, it won’t put any law into effect. It’s simply a policy statement that sends a message: Corporations are not people, and it’s time for the federal government to tackle the overwhelming and deeply troubling control that wealthy corporations have over American politics.

Prop. G declares that money is not speech and that limits on political spending improve democratic processes. It urges a reversal of the notorious Citizens United vs. Federal Elections Commission Supreme Court decision.

A constitutional amendment, and any legal messing with free speech, has serious potential problems. If corporations are limited from spending money on politics, could the same apply to unions or nonprofits? Could such an amendment be used to stop a community organization from spending money to print flyers with political opinions?

But it’s a discussion that the nation needs to have, and Prop. G is a modest start. Vote yes.

Endorsements 2012: State and national races

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National races

PRESIDENT

BARACK OBAMA

You couldn’t drive down Valencia Street on the evening of Nov. 4, 2008. You couldn’t get through the intersection of 18th and Castro, either. All over the east side of the city, people celebrating the election of Barack Obama and the end of the Bush era launched improptu parties, dancing and singing in the streets, while the cops stood by, smiling. It was the only presidential election in modern history that create such an upwelling of joy on the American left — and while we were a bit more jaded and cautious about celebrating, it was hard not to feel a sense of hope.

That all started to change about a month after the inauguration, when word got out that the big insurance companies were invited to be at the table, discussing health-care reform — and the progressive consumer advocates were not. From that point on, it was clear that the “change” he promised wasn’t going to be a fundamental shift in how power works in Washington.

Obama didn’t even consider a single-payer option. He hasn’t shut down Guantanamo Bay. He hasn’t cut the Pentagon budget. He hasn’t pulled the US out of the unwinnable mess in Afghanistan. He’s been a huge disappointment on progressive tax and economic issues. It wasn’t until late this summer, when he realized he was facing a major enthusiasm gap, that he even agreed to endorse same-sex marriage.

But it’s easy to trash an incumbent president, particularly one who foolishly thought he could get bipartisan support for reforms and instead wound up with a hostile Republican Congress. The truth is, Obama has accomplished a fair amount, given the obstacles he faced. He got a health-care reform bill, weak and imperfect as it was, passed into law, something Democrats have tried and failed at since the era of FDR. The stimulus, weak and limited as it was, clearly prevented the recession from becoming another great depression. His two Supreme Court appointments have been excellent.

And the guy he’s running against is a disaster on the scale of G.W. Bush.

Mitt Romney can’t even tell the truth about himself. He’s proven to be such a creature of the far-right wing of the Republican Party that it’s an embarrassment. A moderate Republican former governor of Massachusetts could have made a credible run for the White House — but Romney has essentially disavowed everything decent that he did in his last elective office, has said one dumb thing after another, and would be on track to be one of the worse presidents in history.

We get it: Obama let us down. But there’s a real choice here, and it’s an easy one. We’ll happily give a shout out to Jill Stein, the candidate of the Green Party, who is talking the way the Democrats ought to be talking, about a Green New Deal that recognizes that the richest nation in the history of the world can and should be doing radically better on employment, health care, the environment, and economic justice. And since Obama’s going to win California by a sizable majority anyway, a protest vote for Stein probably won’t do any harm.

But the next four years will be a critical time for the nation, and Obama is at least pushing in the direction of reality, sanity and hope. We endorsed him with enthusiasm four year ago; we’re endorsing him with clear-eyed reality in 2012.

UNITED STATES SENATE

DIANNE FEINSTEIN

Ugh. Not a pleasant choice here. Elizabeth Emken is pretty much your standard right-wing-nut Republican out of Danville, a fan of reducing government, cutting regulations, and repealing Obamacare. Feinstein, who’s already served four terms, is a conservative Democrat who loves developers, big business, and the death penalty, is hawkish on defense, and has used her clout locally to push for all the wrong candidates and all the wrong things. She can’t even keep her word: After Willie Brown complained that London Breed was saying mean things about him, Feinstein pulled her endorsement of Breed for District 5 supervisor.

It’s astonishing that, in a year when the state Democratic Party is aligned behind Proposition 34, which would replace the death penalty with life without parole, Feinstein can’t find it in herself to back away from her decades-long support of capital punishment. She’s not much better on medical marijuana. And she famously complained when then-mayor Gavin Newsom pushed same-sex marriage to the forefront, saying America wasn’t ready to give LGBT couples the same rights as straight people.

But as chair of the Senate Intelligence Committee, Feinstein was pretty good about investigating CIA torture and continues to call for the closure of Guantanamo Bay. She’s always been rock solid on abortion rights and at least decent, if not strong, on environmental issues.

It’s important for the Democrats to retain the Senate, and Feinstein might as well be unopposed. She turns 80 next year, so it’s likely this will be her last term.

HOUSE OF REPRESENTATIVES, DISTRICT 8

NANCY PELOSI

The real question on the minds of everyone in local politics is what will happen if the Democrats don’t retake the House and Pelosi has to face two more years in the minority. Will she serve out her term? Will her Democratic colleagues decide they want new leadership? The inside scuttle is that Pelosi has no intention of stepping down, but a long list of local politicians is looking at the once-in-a-lifetime chance to run for a Congressional seat, and it’s going to happen relatively soon; Pelosi is 72.

We’ve never been happy with Rep. Pelosi, who used the money and clout of the old Burton machine to come out of nowhere to beat progressive gay supervisor Harry Britt for the seat in 1986. Her signature local achievement is the bill that created the first privatized national park in the nation’s history (the Presidio), which now is home to a giant office complex built by filmmaker George Lucas with the benefit of a $60 million tax break. She long ago stopped representing San Francisco, making her move toward Congressional leadership by moving firmly to the center.

But as speaker of the House, she was a strong ally for President Obama and helped move the health-care bill forward. It’s critical to the success of the Obama administration that the Democrats retake the house and Pelosi resumes the role of speaker.

HOUSE OF REPRESENTATIVES, DISTRICT 9

BARBARA LEE

Barbara Lee represents Berkeley and Oakland in a way Nancy Pelosi doesn’t represent San Francisco. She’s been a strong, sometimes lonely voice against the wars in Iraq and Afghanistan and a leader in the House Progressive Caucus. While Democrats up to and including the president talk about tax cuts for businesses, Lee has been pushing a fair minimum wage, higher taxes on the wealthy, and an end to subsidies for the oil industry. While Oakland Mayor Jean Quan was struggling with Occupy, and San Francisco Mayor Ed Lee was moving to evict the protesters, Barbara Lee was strongly voicing her support for the movement, standing with the activists, and talking about wealth inequality. We’re proud to endorse her for another term.

HOUSE OF REPRESENTATIVES, DISTRICT 12

JACKIE SPEIER

Speier’s an improvement on her predecessor, Tom Lantos, who was a hawk and terrible on Middle East policy. Speier’s a moderate, as you’d expect in this Peninsula seat, but she’s taken the lead on consumer privacy issues (as she did in the state Legislature) and will get re-elected easily. She’s an effective member of a Bay Area delegation that helps keep the House sane, so we’ll endorse her for another term.

State candidates

ASSEMBLY DISTRICT 13

TOM AMMIANO

Tom Ammiano’s the perfect person to represent San Francisco values in Sacramento. He helped sparked and define this city’s progressive movement back in the 1970s as a gay teacher marching alongside with Harvey Milk. In 1999, his unprecedented write-in mayoral campaign woke progressives up from some bad years and ushered in a decade with a progressive majority on the Board of Supervisors that approved landmark legislation such as the universal healthcare program Ammiano created. In the Assembly, he worked to create a regulatory system for medical marijuana and chairs the powerful Public Safety Committee, where he has stopped the flow of mindless tough-on-crime measures that have overflowed our prisons and overburdened our budgets. This is Ammiano’s final term in the Legislature, but we hope it’s not the end of his role in local politics.

STATE ASSEMBLY, DISTRICT 19

PHIL TING

Phil Ting could be assessor of San Francisco, with a nice salary, for the rest of his life if that’s what he wanted to do. He’s done a good job in an office typically populated with make-no-waves political hacks — he went after the Catholic Church when that large institution tried to avoid paying taxes on property transfers. He’s been outspoken on foreclosures and commissioned, on his own initiative, a study showing that a large percentage of local foreclosures involved at least some degree of fraud or improper paperwork.

But Ting is prepared to take a big cut in pay and accept a term-limited future for the challenge of moving into a higher-profile political position. And he’s the right person to represent this westside district.

Ting’s not a radical leftist, but he is willing to talk about tax reform, particularly about the inequities of Prop. 13. He’s carrying the message to homeowners that they’re shouldering a larger part of the burden while commercial properties pay less. He wants to change some of the loopholes in how Prop. 13 is interpreted to help local government collect more money.

It would be nice to have a progressive-minded tax expert in the Legislature, and we’re glad Ting is the front-runner. He’s facing a serious, well-funded onslaught from Michael Breyer, the son of Supreme Court Justice Breyer, who has no political experience or credentials for office and is running a right-wing campaign emphasizing “old-style San Francisco values.”

Not pretty. Vote for Ting.

SENATE DISTRICT 11

MARK LENO

Mark Leno wasn’t always in the Guardian’s camp, and we don’t always agree with his election season endorsements, but he’s been a rock-solid representative in Sacramento and he has earned our respect and our endorsement.

It isn’t just how he votes, which we consistently agree with. Leno has been willing to take on the tough fights, the ones that need to be fought, and shown the tenacity to come out on top in the Legislature, even if he’s ahead of his time. Leno twice got the Legislature to legalize same-sex marriage, he has repeatedly gotten that body to legalize industrial hemp production, and he’s twice passed legislation that would give San Francisco voters the right to set a local vehicle license fees higher than the state’s and use that money for local programs (which the governor finally signed). He’s also been laying an important foundation for creating a single-payer healthcare system and he played an important role in the CleanPowerSF program that San Francisco will implement next year. Leno will easily be re-elected to another term in the Senate and we look forward to his next move (Leno for mayor, 2015?)

 

BART BOARD DISTRICT 9

 

TOM RADULOVICH

San Francisco has been well represented on the BART Board by Radulovich, a smart and forward-thinking urbanist who understands the important role transit plays in the Bay Area. Radulovich has played leadership roles in developing a plan that aims to double the percentage of cyclists using the system, improving the accessibility of many stations to those with limited mobility, pushing through an admittedly imperfect civilian oversight agency for the BART Police, hiring a new head administrator who is more responsive to community concerns, and maintaining the efficiency of an aging system with the highest ridership levels in its history. With a day job serving as executive director of the nonprofit Livable City, Radulovich helped create Sunday Streets and other initiatives that improve our public spaces and make San Francisco a more inviting place to be. And by continuing to provide a guiding vision for a BART system that continues to improve its connections to every corner of the Bay Area, his vision of urbanism is helping to permeate communities throughout the region

BART BOARD, DISTRICT 7

ZACHARY MALLETT

This sprawling district includes part of southeast San Francisco and extends all the way up the I-80 corridor to the Carquinez Bridge. The incumbent, San Franciscan Lynette Sweet, has been a major disappointment. She’s inaccessible, offers few new ideas, and was slow to recognize (much less deal with) the trigger-happy BART Police who until recently had no civilian oversight. Time for a change.

Three candidates are challenging Sweet, all of them from the East Bay (which makes a certain amount of sense — only 17 percent of the district’s population is in San Francisco). Our choice is Zachary Mallett, whose training in urban planning and understanding of the transit system makes up for his lack of political experience.

Mallett’s a graduate of Stanford and UC Berkelely (masters in urban planning with a transportation emphasis) who has taken the time to study what’s working and what isn’t working at BART. Some of his ideas sound a bit off at first — he wants, for example, to raise the cost of subsidized BART rides offered to Muni pass holders — but when you look a the numbers, and who is subsidizing who, it actually makes some sense. He talks intelligently about the roles that the various regional transit systems play and while he’s a bit more moderate than us, particularly on fiscal issues, he’s the best alternative to Sweet.

Supervisors advised against Mirkarimi recusals, essentially removing their gags

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It’s looking increasingly unlikely that any members of the Board of Supervisors will be recused from next week’s big vote on whether to sustain the official misconduct charges against suspended Sheriff Ross Mirkarimi, particularly given an advice letter written today by attorney Scott Emblidge, who is advising the board.

Mirkarimi and his attorneys were hoping some supervisors would admit discussing the case with Mayor Ed Lee or others – particularly Sup. Christina Olague, who is at the center of the controversy about whether Lee committed perjury when he denied, while testifying under oath, ever consulting with any supervisors about the case – and they were disappointed with Emblidge’s advice.

“Scott Emblidge parrots the language of the City Attorney in his recommendation against recusal,” Mirkarimi attorney David Waggoner told us, taking issue with the relationship Emblidge and his firm have with the city and the fact that he also served as legal counsel to the Ethics Commission, some of whose members were unaware of that dual role and expressed concern. “The board must appoint independent counsel.”

In his advice letter, Emblidge did take a similar position to that urged by the City Attorney’s Office, which argued that supervisors are assumed to be politicians who have some relationship with the person that they’re being asked to judge and that analogizing it to a jury in a criminal case isn’t accurate.

“That analogy is misguided. The Charter does not provide for resolution of official misconduct charges by a body unfamiliar with the parties or the facts of the dispute. Rather, it specifically entrusts that decision to the Board of Supervisors, a body composed of individuals who almost certainly would have had dealings with anyone charged with official misconduct,” Emblidge wrote in a letter requested by Board President David Chiu. “Rather than a jury trial, this proceeding is more like an administrative hearing involving employee discipline or other important rights.”

Emblidge said the legal standards indicate that a supervisor must have a financial interest in the decision or be so “personally embroiled” in the case that he/she would have already demonstrated a strong bias or animus against Mirkarimi. And even then, it would be up to a majority vote by the board to excuse a supervisor from the vote.

Such recusal votes are usually mere formalities once a supervisor claims a conflict-of-interest, as then-Sup. Gavin Newsom sometimes did on votes involving landlord-tenant relations. But given that it takes nine of the 11 votes to remove Mirkarimi – with each recusal effectively being a vote in his favor – claims of a conflict will be carefully scrutinized, which Emblidge thinks is appropriate.

“The bar should be high for recusal because of the three-fourths requirement,” Emblidge told the Guardian, making clear that was his personal rather than legal opinion.

The City Attorney’s Office strongly advised the supervisors earlier this year not to discuss the Mirkarimi case with anyone, and they have all heeded that advice and refused to discuss the case with reporters, adding to the drama surrounding a high-profile decision with huge potential long-term ramifications.

Unlike other big decisions, in which supervisors will publicly stake out positions before the vote, often making clear the political dynamics and swing votes, nobody really knows where any of the supervisors stand right now. It’s widely believed that progressive Sups. John Avalos and David Campos – both of whom have unexpectedly easy paths to reelection in November – are the most likely votes for Mirkarimi, with just one more vote needed to reinstate him.

Olague will be in a tough spot politically, torn between supporting the mayor who appointed her and a district that Mirkarimi once represented, where opposition to his removal seems strongest. Ditto with Sup. Jane Kim, a fellow former Green long allied with Mirkarimi, but also someone who backed Lee last year and has ambitions to be the next board president.

This is also a board filled with Ivy League lawyers, and it’s hard to say what aspect of this complex case will draw their focus. Will they side with those who say the decision is simply about showing zero tolerance for domestic violence, or will they share the concerns of Ethics Chair Benedict Hur, who calls this a potentially dangerous precedent that gives too much power to the mayor.

It’s even possible that someone from the board’s conservative bloc of Sups. Sean Elsbernd, Mark Farrell, and Carmen Chu might object to this costly and distracting move by government to go after one individual, making this more about limited government and deferring to voters rather than the fate of an individual for whom they have no particular fondness.

Until now, it’s been difficult to read these tea leaves, but that might be about to change. Emblidge argues that the grounds for recusal are so narrow and restrictive that even if supervisors make public statements about their thoughts on the case, that wouldn’t present a conflict-of-interest that would prevent them from voting on it, particularly now that they’re actively reviewing the record.

So, are we about to start getting some hints from under the dome about how this is going to play out? We’re listening and we’ll let you know.

Separated bikeways on Oak and Fell finally up for approval

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After three years of delays and broken promises, the fate of a dangerous but vital bike route in San Francisco will be decided on Oct. 16. Oak and Fell streets, one of the few major east-west byways in the city, carries tens of thousands of cars each day, according to the San Francisco Municipal Transportation Agency. Right now, there is no bike lane on Oak, and the stripes on Fell are only two feet wide with no buffer, putting cyclists inches from heavy traffic.
But all that could change. If the transit agency gives it the green light, the perilous Oak-Fell corridor between Scott and Baker will gain needed concrete barriers and wider bike lanes, according to SFMTA spokesperson Paul Rose and bike advocates.
“This has been a long push,” said Leah Shahum, president of the San Francisco Bicycle Coalition, a vocal advocate of the project.
If passed, separated bikeways, crosswalk enhancements, traffic signal timing changes, and parking mitigation measures would be installed by the end of 2012, Rose said, and construction of bulbouts and a concrete bikeway barrier would be put in by the summer of 2013.
The project has met repeated delays, despite Mayor Ed Lee’s promise that it would be done by the end of 2011.
A section of the major bike route “The Wiggle,” its the only game in town if you’re a cyclist who wants to cross the city from east to west. But not everyone favors the fix.
Blogger and anti-bike activist Rob Anderson, who sued San Francisco for not performing proper studies on bike lane projects in 2005, calls it a slap in the face to people who must drive to work.
“It shows no sympathy or understanding for working people in the neighborhood,” Anderson said. He bemoaned the loss of parking as particularly harmful to residents in the area, which would lose 35 parking spaces, according to SFMTA data. “It’s all about making cyclists comfortable.”
Shahum agrees with Anderson on that point, arguing that’s the best way to encourage more people to get on a bike. “Poll after poll, survey after survey say that the biggest deterrent to biking is safety,” Shahum said. Its not just about the accidents, it’s also about people perceptions.
If the bike lanes were more safe, more cyclists would ride them, Shahum said. This would pave the way towards San Francisco’s goal of increasing bike ridership to 20 percent of trips made in San Francisco by the year 2020, which is enshrined in legislation passed by the Board of Supervisors two years ago. Currently, about 3.5 percent of bike commutes in the city are by bicycle, a 71 percent increase from 2005, according to the city’s “2012 State of Cycling Report.”
One San Francisco politician says that the city wasn’t pedaling fast enough on the redesign. District 5 candidate Christina Olague sent a letter to the SFMTA two weeks ago urging the transit agency to pick up the pace and break ground by year’s end. That may have been a factor in SFBC’s subsequent decision to give Olague it’s top endorsement, with Julian Davis gets its number two spot.
Shahum said the SFBC plans to turn out its members on Oct. 16 to ensure passage of a project it has sought for years: “We can breathe when it’s over.”

Qualifying Mirakarimi’s jury

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The San Francisco Board of Supervisors formally received the official misconduct case against suspended Sheriff Ross Mirkarimi Sept. 18, starting the clock on the 30-day deadline that the City Charter provides for the board to take action. Board President David Chiu announced a special meeting to consider the case on Oct. 9 at 2pm. The schedule the board had previous agreed to: a 10-minute presentation by the Ethics Commission, 20 minutes by representatives of Mayor Ed Lee (who brought the case), 20 minutes by Mirkarimi’s side, a five-minute rebuttal by Lee, public comment (which could last for hours), and then deliberation by supervisors.

The drama-before-the-drama will involve what in court would be called jury selection — Mirkarimi’s lawyers want to see if any supervisors should be disqualified from voting.

It’s a critical point: It would take at least nine of the 11 supervisors to remove the sheriff, and that number doesn’t’ change if some are ineligible to vote. So every recusal is, in effect, a vote to save Mirkarimi’s job.

And it’s an open question whether some supervisors should recuse themselves. They’re supposed to be unbiased jurors, and if any of them have discussed the case with the mayor in advance, they might be forced to sit this one out.

Mayor Ed Lee was asked on the witness stand whether he spoke with any supervisors about removing Mirkarimi, and he denied it. But Building Inspection Commissioner Debra Walker said her longtime friend and political ally Sup. Christina Olague told her Lee had sought her input on the decision. Confronted by journalists, Olague denied the charge but said, “I may have to recuse myself from voting on this.”

Another possible recusal from the vote would be Sup. Eric Mar, who just happened to be called as a juror in Mirkarimi’s criminal case — and thus could have been exposed to prejudicial evidence — before those charges were settled with a plea bargain. There have also been rumors that Board President David Chiu spoke with Lee about Mirkarimi at some point.

Last month, Mirkarimi lawyer David Waggoner told the board that he wanted each supervisor to declare whether he or she has spoken with anyone about Mirkarimi, but the legal team is proceeding cautiously, wary of offending the supervisors who will now decide the fate of their former colleague.

“We’re going to respectfully ask each member of the board to state under oath who they’ve talked to about the case,” Waggoner told us.

Normally, jurors would be extensively questioned during the voir dire process, and those who had served on an elected body with a defendant for years would almost certainly be removed from the jury pool, which seems to have been the case with Mar’s disqualification on the criminal case. But that’s just one more example of how this unprecedented process is anything but normal, with city officials basically making up the rules as they go along.

Feinstein screws Breed

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Candidates in the District 5 supervisorial race, where one recent poll showed almost half of voters undecided about a field of imperfect candidates to represent the city’s most progressive district, have been sharpening their attacks on one another — and learning lessons about hardball politics.

Christina Olague, the incumbent appointed by Mayor Ed Lee earlier this year, has been taking flak in recent debates from competitors who are highlighting the schism between her progressive history and her more conservative recent votes and alliances. That gulf was what caused Matt Gonzalez to pull his endorsement of Olague this summer and give it to Julian Davis.

London Breed has now suffered a similar setback: US Senator Dianne Feinstein revoked her endorsement of Breed following colorful comments the candidate made to Fog City Journal, which were repeated in the San Francisco Chronicle, blasting her one-time patron Willie Brown.

Breed, whose politics have been to the right of the district, seemed to be trying to assert her independence and may he gone a bit overboard is proclaiming that she didn’t “give a fuck about Willie Brown.”

Sources say Brown has been in payback mode ever since, urging Feinstein and others to stop supporting Breed. Neither Brown nor Feinstein returned our calls, but Breed confirmed that she was told the senator was “concerned” about that published comment. And we know that Feinstein never called her to discuss the article, her comments or the fact that, perhaps at the behest of Brown, she was yanking her support.

On the record, Breed was contrite when we spoke with her and reluctant to say anything bad about Brown or Feinstein, except to offer us the vague, “There are a lot of people who respect and like me, and they don’t like what they see happening.”

The case for reinstating Mirkarimi

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EDITORIAL We know for a fact that on New Year’s Eve, 2011, Ross Mirkarimi, the elected but unsworn sheriff of San Francisco, had a physical altercation with his wife that left her with a bruised arm. We know she later complained about that bruise on a video lasting less than a minute. Beyond that, nobody except Mirkarimi and Eliana Lopez knows exactly what happened; there were no witnesses except the couple’s three-year-old son, no video taken during the fight, no audio recordings — nothing.

We know that Mirkarimi agreed to plead guilty to misdemeanor false imprisonment — although we also know there was never any evidence that he actually imprisoned anyone.

That’s all we really know about the incident that has set off an expensive, drawn-out, political and legal battle that could change the city’s politics for years to come. If the whole thing seems a little overblown, that’s because it is.

There is nothing in the record that justifies Mayor Ed Lee’s move to suspend Mirkarimi, and nothing that would justify the supervisors voting to remove him from office. In fact, a removal vote would set a dangerous precedent for future mayors in a city that already gives its chief executive far too much power.

Let us examine the three main reasons why the board needs to vote to restore the elected sheriff.

1. If you believe Eliana Lopez, there’s no case.

The only person other than Mirkarimi who can honestly and accurately testify about the events of New Year’s eve is Lopez — and she has been clear, consistent, and convincing in her account.

Lopez acknowledges that she and her husband have had marital issues, that Mirkarimi wasn’t as supportive or her and their young son as he should have been, that he was away from home and working when she should have been sharing domestic duties. She was considering divorce — but was worried that Mirkarimi might gain custody of their boy.

She testified under oath before the Ethics Commission that Mirkarimi was never someone who “beats his wife” (to use Lee’s utterly inappropriate terminology). He had no history of domestic violence with her.

What he did was grab her arm during an argument, leaving a bruise. Inexcusable, but hardly a sign of serious assault. In fact, Lopez testified that she bruises so easily that just playing around with three-year-old Theo can leave marks on her.

Lopez testified that she made the video to use as a tool — a bargaining chip, so to speak — if Mirkarimi ever sought to gain custody of their son. She said she believed that her neighbor, Ivory Madison, who made the video, was a lawyer and that the video would be protected by attorney-client confidentiality. She said she never wanted to go to the police and never felt physically threatened by her husband.

The mayor charged Mirkarimi with attempting to dissuade witnesses and interfere with a police investigation, but those charges were based almost entirely on the testimony of Madison, whose rambling 22-page statement was so full of hearsay that the Ethics Commission tossed almost all of it. There was absolutely no evidence of witness tampering, and those claims were dismissed.

In fact, the only reason the commission recommended removal is the fact that Mirkarimi bruised his wife and pled to a misdemeanor — one that everyone knows he didn’t really commit. Remember: It’s legal, and common, in misdemeanor cases to plead to something you never did to avoid facing trial on more serious charges.

There’s no principled way to accept as credible the testimony of Lopez and still vote to remove the sheriff. If she’s telling the truth — and we believe her — the case should end right there.

2. Mirkarimi was chosen by the voters, and the voters can freely remove him.

Ross Mirkarimi was elected in November, 2011, with a clear majority in a contested race. The state Constitution provides an excellent remedy for replacing an elected official who has lost the confidence of the voting public; it’s called the recall. With a fraction of the effort that’s been spent on this case, people who feel Mirkarimi should no longer serve as sheriff could have collected signatures and forced an election.

The City Charter gives the mayor extraordinary authority — we would say too much authority — to unilaterally suspend an elected official and seek removal. That’s a power that should be wielded only in the most extreme cases, with great deference to the will of the voters.

Lee did no investigation before filing official misconduct charges. He based those charges on unsubstantiated claims, most of which were proven false. There’s a dangerous precedent here: If Mayor Ed Lee can suspend without pay Sheriff Ross Mirkarimi on such limited evidence, the ability of future mayors to misuse this power could be alarming. And remember: There is nothing in the Charter that allows anyone to suspend or seek removal of the mayor.

3. This case mangles “official misconduct.”

There’s another dangerous element to this case, and it’s not just a legal technicality. The New Year’s Eve incident occurred before Mirkarimi took the oath of office; on that day, he wasn’t the sheriff of San Francisco. He was a supervisor.

It’s hard to claim he was guilty of “official misconduct” on a day when he had no official duties. A fascinating, but unsigned analysis by somebody who clearly has a strong legal background is posted on the web (rjemirkarimi.blogspot.com). It notes:

“If the Supervisors approve what the Ethics Commission did on August 16, they will be handing a powerful new political weapon to all mayors, present and future. Good mayors may never misuse it, but other mayors might. No longer will such a mayor be limited to examining an opponent’s conduct while in office. He will have carte blanche and a strong motive to look farther back in time for personal misconduct that occurred before his opponent took office, and to use what he finds to suspend his opponent without pay and remove him from office — all while claiming (as undoubtedly he will) to be engaged in a noble pursuit of truth and justice.”

Let’s be serious: There have been San Francisco mayors with a long record of vindictive politics, or seeking any method possible to punish their enemies. There may well be again. Do we really want to have this case — this weak case driven more by politics than reason and evidence — set the precedent for the grave step of overriding the voters and removing an elected official?

Any of these three reasons ought to be grounds to vote against the mayor’s charges. Together, they make a sound enough case that it’s hard to imagine how the supervisors, sitting as a fair and impartial jury, could come to any conclusion other than returning Mirkarimi to office. We recognize that there are political implications, that Mirkarimi’s foes will target anyone who votes to support him. And just as it’s hard for some politicians to appear “soft on crime,” it’s nearly impossible to survive in San Francisco if you’re considered “soft on domestic violence.” But anyone who doesn’t want tough choices shouldn’t run for public office. It will take courage to do the right thing here — and in the end, that’s what should matter.

Perjury charges don’t look so good for the mayor

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The Chron doesn’t think it’s important, but there’s some serious evidence in today’s Ex that the mayor wasn’t entirely forthcoming when he testified before the Ethics Commission. The declarations from Debra Walker and Aaron Peskin are attached at the end of the story; they’re worth reading.

Walker is very straightforward: She says she’s friends with Sheriff Ross Mirkarimi and his wife, Eliana Lopez. She’s also been close friends with Sup. Christina Olague:

Ms. Olague and I often got together for coffee or movies, and we talked often about land-use issues. I wrote a letter of support for Ms. Olague to Mayor Lee, asking him to appoint her as supervisor. At her request, I loaned her a painting to hang in her office when she took office.

All of that is consistent with what I’ve heard about their friendship, and it doesn’t sound like Walker was ever out to get Olague or to put her in a bad situation.

Then Walker  explains that during the week of March 6, she was talking to Olague and complained about the Mirkarimi case. “She said the mayor had asked her about the case when they were talking about other issues, and had asked her for her thoughts.”

The declaration goes on a bit, with plenty of backup to the idea that Olague and Lee had discussed how to deal with the sheriff. Which doesn’t surprise me — I have heard from other prominent people in the city that Lee reached out to them for advice on whether to suspend Mirkarimi.

But it’s a problem for two reasons. One is that Olague, sitting as a judge in this case, isn’t supposed to have talked to anyone else about it — certainly not the prosecuting authority, the mayor.

The other is that Lee denied under oath that he had talked to any of the supervisors about the case.

Debra Walker isn’t a fan of Ed Lee, but she would have had to go to considerable lengths to create this level of fiction. It rings honest to me, particularly when she notes that “on June 29, 2012, at 2:10 pm, I received a phone message from Supervisor Olague saying ‘Debra, the converstaion never happened.'”

Look: This is a sworn statement, made under penalty of perjury. So either Walker’s lying and guilty of perjury, or the mayor is. Which seems more likely?

Ditto for the Peskin declaration, which includes dates, times, places, and specific messages. Again: Did Peskin go out of his way to perjury himself — or did the mayor fail to tell the truth on the stand?

This is now part of the case, like it or not: The credibility of the mayor is one of the issues at hand — and more important, if Lee talked to Olague he probably talked to others. Who would then have to recuse themselves.

The gloves are coming off in competitive D5

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Candidates in the District 5 supervisorial race – where one recent poll showed almost half of voters undecided about a field of imperfect candidates seeking to represent the city’s most progressive district – have been sharpening their attacks on one another, learning lessons about hardball politics, and fighting over key endorsements.

Christina Olague, the incumbent appointed by Mayor Ed Lee earlier this year, has been taking flak in recent debates from competitors who are highlighting the schism between her progressive history and her more conservative recent votes and alliances. That gulf was what caused Matt Gonzalez to pull his endorsement of Olague this summer and give it to Julian Davis.

London Breed has now suffered a similar setback when US Sen. Dianne Feinstein revoked her endorsement following colorful comments Breed made to the Fog City Journal, which were repeated in the San Francisco Chronicle, blasting her one-time political patron Willie Brown. Breed, whose politics have been to the right of the district, seemed to be trying to assert her independence and win over progressive voters who have different worldviews than her more conservative endorsers.

But she may have gone a bit too far when she told Fog City Journal’s Luke Thomas: “You think I give a fuck about a Willie Brown at the end of the day when it comes to my community and the shit that people like Rose Pak and Willie Brown continue to do and try to control things. They don’t fucking control me – you go ask them why wouldn’t you support London because she don’t do what the hell I tell her to do. I don’t do what no motherfucking body tells me to do.”

Shortly thereafter, Breed said she got a call from Feinstein’s people withdrawing the endorsement. “There were just some concerns about the kind of language I used in the article,” Breed told us.

Sources say Brown has been in payback mode ever since, urging Feinstein and others to stop supporting Breed and switch to Olague. Neither Brown nor Feinstein returned our calls. On the record, Breed was contrite when we spoke with her and reluctant to say anything bad about Brown or Feinstein, except to offer us the vague, “There are a lot of people who respect and like me, and they don’t like what they see happening.”

Breed went after Olague hard during a Sept. 18 debate sponsored by the Haight-Ashbury Neighborhood Council and other groups, blasting Olague for her ties to Brown, Lee, and Chinatown power broker Rose Pak, claiming Olague is too beholden to that crew and D5 needs a more independent supervisor.

Asked to respond to the attack during the debate, Olague said, “I won’t dignify that with a response.” But it seems clear to anyone watching the race that Olague has been getting lots of support from Lee, Pak, and Brown and the political consultants who do their bidding, David Ho and Enrique Pearce, which is one reason many progressives have been withholding their support.

The Breed campaign this week trumpeted its endorsement by three prominent progressive activists: Debra Walker, Roma Guy, and Alix Rosenthal. But it has been Davis that has captured the endorsements of the most progressive individuals and organizations, including a big one this week: the Harvey Milk LGBT Democratic Club, which gave Davis is sole endorsement even though he’s straight and Olague is from the LGBT community.

Davis also snagged the number one endorsement of the San Francisco Tenants Union, a big one for D5, as well as the sole endorsements of Gonzalez, former Democratic Party Chair Aaron Peskin, and Sup. John Avalos. Assembly member Tom Ammiano also endorsed the Davis campaign, adding that to Ammiano’s earlier endorsement of John Rizzo, the other solid progressive in the race. Rizzo also got the Sierra Club and the number one ranking by San Francisco Tomorrow.

But Olague is enjoying quite a bit of union support, including snagging the sole endorsement of the San Francisco Labor Council, whose members in the trades like her controversial vote on the 8 Washington project more than progressives or her competitors, who all opposed the deal. Olague was also endorsed by the United Educators of San Francisco and California Nurses Association.

The biggest union of city workers, SEIU Local 1021, gave its unranked endorsements to Davis, Olague, and Rizzo, as did Sup. David Campos. Sup. Jane Kim – who has also occasionally parted ways with progressives after Ho and Pearce ran her campaign against Walker – gave Olague an early endorsement, but late this week also extended an endorsement to Davis.

“As someone who has championed rank-choice voting, it is important for me that progressives are thoughtful about how we strategize for victory.  I have known Julian Davis a long time, and I believe that he would be a strong leader that fights for progressive values that District 5 cares about, including sustainable streets and livable neighborhoods,” Kim said in a statement given to the Davis campaign.

Another important endorsement in D5 is that of the San Francisco Bicycle Coalition, which carried a faint whiff of controversy this year. The group gave Olague its number one endorsement and Davis its number two, but some SFBC members have secretly complained to us that the fix was in and that Davis actually got more votes from SFBC members, which most people thought was how its endorsements are decided.

SFBC Executive Director Leah Shahum told us she wouldn’t reveal who got the most member votes, but she did say that the SFBC Board of Directors actually decides the endorsements based on several factors. “The member vote is one of the factors the board took into consideration,” she said, listing a candidate’s record, relationship with SFBC, personal history, and other factors. “Nothing special was done in that vote, by any means.”

SFBC has been playing nice with Mayor Lee in the last couple years, despite his broken promise of getting the critical yet controversial Fell/Oak separated bike lanes approved by the SFMTA, which he first said would be done by the end of 2011, then by the end of 2012, but which lately seemed to be dragging into 2013.

At SFBC’s urging, Olague recently wrote a pair of letters to the SFMTA urging quicker action on the project, and it seems to have worked: Shahum said a vote on that project has now been scheduled for Oct. 16, and she’s hopeful that it might now be underway by the end of the year after all. As she said, “We’re thrilled.”

BTW, in case you’re curious, the Guardian’s endorsements come out on Oct. 3.

Supervisors set Oct. 9 to decide Mirkarimi’s fate

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The San Francisco Board of Supervisors officially received the official misconduct case against suspended Sheriff Ross Mirkarimi yesterday, starting the clock on the 30-day deadline that the City Charter provides for that body to take action. Board President David Chiu announced a special meeting to consider the case on Oct. 9 at 2pm.

“The last day the Board of Supervisors can act on this is Oct. 17,” Chiu told his colleagues yesterday, reiterating the schedule the board had previous agreed to: a 10-minute presentation by the Ethics Commission, 20 minutes by representatives of Mayor Ed Lee (who brought the case), 20 minutes by Mirkarimi’s side, a five-minute rebuttal by Lee, public comment (which could last for hours), and then deliberation by supervisors.

In addition, attorneys for both sides have until Sept. 25 to submit any legal briefs they want the supervisors to consider, and Mirkarimi’s attorneys are expected to raise objections to an Ethics Commission summary they considered “one-sided,” as well as getting into the issue of whether Lee committed perjury during his sworn testimony in June.

It takes at least nine of the 11 supervisors to remove Mirkarimi, and there is an open question about whether some supervisors should recuse themselves from voting because of conflicts-of-interest, which would essentially count the same as a vote in Mirkarimi’s favor.

Lee was asked on the witness stand whether he spoke with any supervisors about removing Mirkarimi, which he denied. But Building Inspection Commissioner Debra Walker said her longtime friend and political ally Sup. Christina Olague told her Lee had sought her input on the decision. Confronted by journalists, Olague denied the charge but said, “I may have to recuse myself from voting on this.”

Lee was also asked whether he tried to get Mirkarimi a city job in exchange for his resignation, which Lee denied, but former Sup. Aaron Peskin has said that permit expediter and Lee ally Walter Wong (who has refused to answer questions from the media) extended that offer through him, which Mirkarimi didn’t accept. The Ethics Commission refused to consider the perjury allegations, calling them beyond its purview, but Mirkarimi attorney David Waggoner said he plans to submit sworn declarations by Peskin and Walker to the supervisors.

Another possible recusal from the vote would be Sup. Eric Mar, who just happened to be called as a juror in Mirkarimi’s criminal case before it was settled with a plea bargain. There have also been rumors that Board President David Chiu spoke with Lee about Mirkarimi at some point. Last month, Waggoner told the board that he wanted each supervisor to declare whether they have spoken with anyone about Mirkarimi, but their team is proceeding cautiously and wary of offending the supervisors who will now decide the fate of their former colleague.

“We’re going to respectfully ask each member of the board to state under oath who they’ve talked to about the case,” Waggoner told us.

Normally, jurors would be extensively questioned during the voir dire process, and those who had served on an elected body with a defendant for years would almost certainly be removed from the jury pool, which seems to have been the case with Mar’s disqualification on the criminal case. But that’s just one more example of how this unprecedented process is anything but normal, with city officials basically making up the rules as they go along.

Mirkarimi’s wife and alleged victim, Eliana Lopez, has consistently maintained that she was never abused, except by city officials who have sabotaged and humiliated her family and taken away its livelihood. She told the Guardian that the thin charges in this case shouldn’t warrant the removal of an elected official: “You can have different opinions about Ross’s behavior, and people can have different opinions about that, but the people of San Francisco should decide who represents them.”

Lopez said she’s been dismissed and mistreated by Lee, the Ethics Commission, and domestic violence advocates: “These self-appointed white women that are part of the Domestic Violence Consortium are doing everything they can to attack me and insult me while claiming to help me, and never once reaching out to me.”

But she said that she’s hopeful the supervisors will resist political pressure during an emotionally charged election season and do the right thing: “What we need from the supervisors is brave and honest supervisors. The people of San Francisco need that.”

Stop the presses: CleanPowerSF 8, PG&E 3

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Sometimes, the good guys (and gals) win.

And so, after the Guardian started the public power movement in 1969  with the pioneering Joe Neilands expose of the PG&E/Raker Act scandal, after three  initiative campaigns to kick PG&E put of City Hall and enforce the public power mandates of the federal Raker Act and bring our own Hetch Hetchy public power to our own people, after hundreds of people worked for years inside and outside City Hall for public power and clean energy,  the San Francisco Board of Supervisors voted 8-3 Tuesday  to formally launch a CleanPowerSF project that would for the first time challenge the decades-old power monopoly of the Pacific Gas & Electric Company.

It was a historic moment. And it was a historic veto proof vote that Ed Lee, the PG&E- friendly mayor, and his ally and mentor, former mayor Willie Brown, the unregistered $200,000 a year PG&E lobbyist, will have difficulty snuffing out this time around.

The CleanPowerSF 8 were Sups. David Campos, who sponsored the legislation, Scott Weiner, who cast the deciding swing vote, David Chiu, Eric Mar, Christina Olague, Jane Kim, Malia Cohen, and John Avalos, all of whom made helpful remarks during the debate. They also voted down an attempt by the PG&E bloc to continue the vote for a week and voted against crippling amendments.

The PG&E 3 were Sups.Mark Farrell and Carmen Chiu, who tried to dilute the legislation with the crippling amendments, and Sean Elsbernd, who was strangely silent during the debate. 

I use the phrase CleanPowerSF  8 and PG&E 3 to dramatize the crucial political point and toss in a bit of Guardian history on the story.  For years, as clean energy/public power proposals were routinely voted down as a result of PG&E political muscle and power lobbying, the Guardian would use variations of the phrase. PG&E l0, San Francisco l or whatever was the PG&E margin of victory. The phrase was accurate, pin-pointed the good and bad guys and gals, lifted our spirits, and sent the message that the battle was far from over.

The hero of the afternoon was Ed Harrington, the general manager of the San Francisco Public Utilities Commission who delayed his retirement to complete the project. He got a standing ovation after his testimony backing up his legislation and deft handling of  all questions.  As Campos said, Harrington’s legislation  was as “good as you are going to get.”  No one seriously questioned his plan, figures,  marketing strategy, or key argument that his plan was fiscally and environmentally sound.

PG&E was never mentioned during the discussion and it was difficult to determine its lobbying strategy. After the vote, I asked Eric Brooks, the crafty clean power leader at the meeting,  what happened to PG&E and  its strategy. He said that PG&E, after the San Bruno disaster and other notable mishaps, was not the monopoly power it once was and that perhaps the company had decided it would rather face the slower pace of  CleanPowerSF rather than another clean energy initiative it would have a good chance of losing 

Thanks and congratulations to the CleanPowerSF 8, David Campos, Scott Weiner, John Avalos, David Chiu, Eric Mar, Chritina Olague, Jane Kim, and Malia Cohen, who voted themselves into San Francisco history.  Five of them will face the electorate and PG&E in the November election (Campos, Avalos,  Chiu, Mar, and Olague.) and they acted and spoke as if voting for CleanPowerSF would be a significant advantage to their campaigns in their districts. And thanks and congratulatons to former Sup. Ross Mirkarimi, who carried the public power flag as the unpaid campaign manager during the first two unsuccessful public power campaigns and then carried the CCA plan inside City Hall during his seven years as supervisor.  When he was voted in as sheriff last November, he handed the CCA baton to Campos who pushed the proposal through with style and solid argument that the issue was choice and providing necessary competition to PG&E’s monopoly.

The vote to start public power in San Francisco comes none too soon. The tear-down-tne-Hetch Hetchy dam forces have put the nice-sounding Proposition F to study draining the Hetch Hetch reservoir.on the fall ballot. This is the first step toward tearing down the dam.  The problem for the city is that it could ultimately lose the dam, if it isn’t moving to public power, because the Raker Act mandates that San Francisco have a municipal  system to distribute public power to its residents and businesses because the act allowed San Francisco to dam Hetch Hetchy Valley in Yosemite National Park. The Guardian’s position is that the dam is in place and  should only be torn down after the city has real public power and is able to find and afford an adequate new source for the city’s water and power supply. And that, let me emphasize,  will be a massive undertaking involving billions of dollars and incredible political challenges.   .

Much more to come in this saga that never ends,  b3

Here is Guardian City Editor  Steve Jones’ account of the vote: : http://www.sfbg.com/politics/2012/09/18/historic-veto-proof-vote-launches-cleanpowersf

And some Guardian background on the PG&E/Raker Act Scandal in my advance story: http://www.sfbg.com/bruce/2012/09/17/historic-pgeclean-energy-vote-today

Historic, veto-proof vote launches CleanPowerSF

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The San Francisco Board of Supervisors today cast an historic vote that was more than a decade in the making, approving the CleanPowerSF program – which challenges PG&E’s monopoly by offering 100 percent renewable energy directly to city residents – on an 8-3 vote that would be enough to override an implied veto threat by Mayor Ed Lee.

The outcome was far from certain throughout the two-hour hearing as conservative Sups. Mark Farrell and Carmen Chu led efforts to undermine the program, which was the final work product of retiring San Francisco Public Utilities Commission Executive Director Ed Harrington, who previously served as the city’s controller for 17 years.

The pair of supervisors offered a series of amendments challenging the state requirement that city residents must proactively opt-out of such community choice aggregation (CCA) programs if they want to remain with PG&E, offering convoluted language that would have required people to opt-in to the program before its launch, and requiring that the $13 million in reserve funds from the SFPUC be covered entirely by CleanPowerSF customers, which could increase its rates.

“It looks like the amendments would be harmful to the success of the program,” Sup. Eric Mar observed, prompting Farrell and Chu to flash broad conspiratorial smiles at one another.

Sup. Scott Wiener, who was undecided and considered a key swing vote in reaching a veto-proof majority, said he also had concerns about the opt-out requirement and wanted to better understand how the amendments would work and whether they were legal. “For me, I’m not interested in putting any poison pills in here,” he said.

Wiener posed questions about the amendments to Farrell and to Harrington, who said it was possible for the SFPUC to have CleanPowerSF customers repay the initial allocation of reserve funds over time but that he wasn’t sure how the opt-in change would work without sabotaging the program.

“It harms the ability to have an intelligent conversation with people,” Harrington said, noting that rates are based on the number of customers in the program, so it would be nearly impossible to survey everyone’s potential interest without being able to tell them how their bills would be affected.

As it is, the SFPUC has already done extensive surveys of which neighborhoods and demographics are likely to be interested in taking part in CleanPowerSF, initially paying about $10 more per month for 100 percent renewable energy (PG&E’s portfolio includes less than 30 percent renewable). “We’ve done extensive surveys already,” Harrington said. Based on that research, the city is initially rolling out the program to less than a third of city residents, who will be repeatedly notified about how to opt-out, anticipating about 90,000 customers remain in the initial program. 

The program has been repeatedly tweaked over the last eight years that it’s been in development, during which time Marin County launched a successful version of the CCA concept that was developed in San Francisco by legislators Tom Ammiano, Carole Migden, and Mark Leno.

“I feel pretty comfortable trusting Ed Harrington on whether the numbers add up,” said the measure’s chief sponsor, Sup. David Campos, arguing against the Farrell/Chu amendments, later adding, “With Ed Harrington leading this charge, this is as good as it gets. If you don’t like CCA under Ed Harrington, you’re not going to like CCA.”

Farrell claimed to support CCA in concept, but he strenuously objected to the opt-out requirements that Migden included in the enabling state legislation, which she had argued was the only way to make CCAs viable against PG&E’s proven willingness to spend tens of millions of dollars to sabotage would-be competitors.

“It’s the wrong way to legislate, the opt-out. It smells of coercion,” Farrell said. Campos countered that, “The best thing we can give the consumers in San Francisco is a choice, a meaningful choice.”

Wiener ultimately made a motion to delay the item by a week, something Mayor Lee yesterday told the Chronicle he wanted, in order to further study the opt-out issue, telling Farrell that his amendment “feels a little seat of the pants to me.”

Campos and other progressive supervisors who were supporting CleanPowerSF argued against the continuance, noting that it has been years in development and sitting in board committees since January, while the Farrell/Chu amendments weren’t offered until this meeting had already begun.    

“This is not going to change because we wait a week to make a decision,” Campos said. “The terms of this deal are not going to change.”

The motion for a continuance failed on a 4-7 vote, with Wiener joined by Farrell, Chu, and Sup. Sean Elsbernd (who offered no comments throughout the hearing).

Then, as the vote on the Farrell/Chu opt-in amendment came up for vote, Wiener said, “I don’t feel comfortable voting for amendments that I don’t know what they’ll do,” and it failed on a 3-8 vote.

Sup. Malia Cohen had earlier indicated a willingness to support the other Farrell/Chu amendment: saddling CleanPowerSF customers with paying the SFPUC back for reserve fund costs – which Harrington indicated could be dragged out over many years to minimize the impact on rates, and which might not be necessary at all if the initial program exceeds expectations.

That amendment was then approved on an 8-3 vote, with Sups. Jane Kim, Christina Olague, and John Avalos opposed. Another set of amendments that would keep low-income city residents out of the initial rollout and take other steps to reduce their rates if they opted in – which was developed by Kim, Cohen, and Sup. Eric Mar – was unanimously approved by the board.

Then it was time for the big vote on creating the CleanPowerSF program, approving the contract with Shell Energy Northern California to administer it, and authorizing the initial $19.5 million expenditure. Would there be eight votes to override a veto by Mayor Lee, who has been under pressure by PG&E and their downtown allies to kill the program?

“To be perfectly candid, I struggled mightily with this contract,” Wiener said, reiterating his concern about its opt-in requirement, noting that the measure wasn’t perfect, even though it was significantly improved from earlier versions. It sounded as if he were about to vote against it.

“What we have the opportunity to do is move forward with clean power,” Wiener said, noting that even Marin County supervisors who initially opposed its CCA have come around to supporting it. “This is something I believe we should try.”

And with that, the board voted 8-3 to launch the program in mid-2013, with Chu, Farrell, and Elsbernd opposed.

Campos said he was “pleasantly surprised” by the vote, while key supporters say they are cautiously hopeful it will stand up during next week’s final supervisorial approval on second reading and in a veto override vote, if that becomes necessary. Campos said he was thankful for the work of Harrington, who got a standing ovation after the vote as the board recognized him for his long service to the city.

Earlier in the meeting, Harrington told supervisors that while the program isn’t perfect, and it contains some risks that he considers reasonable, there is no other way the city has identified to meet ambitious greenhouse gas reduction goals it has set for itself over the last decade. It is city policy to reduce emissions by 25 percent below 1990 levels by 2017 and 80 percent below those levels by 2050.

“This program before you has the only chance of reaching those goals. There’s nothing else,” Harrington said. He also said “it’s an incredibly efficient way to spend money,” noting that the city has spent $90 million on solar and other renewable energy projects that power fewer than 7,000 homes, whereas this $19.5 million will power 90,000 households, possibly without ever tapping into that $13 million reserve fund set aside to cover any losses by Shell, which will buy renewable energy, a role the city hopes to eliminate as it develops its own projects.

Harrington said the ultimate goal of CleanPowerSF is to develop a large enough customer base that the city could use revenue bonds to finance a wide variety of renewable energy projects – many using solar arrays along city-owned property connected to its water system stretching all the way to Hetch Hetchy Valley – that would pay for themselves.

“The real issue is can you build a facility that will have this rate structure support it?” Harrington said.

That’s the real power and potential of CleanPowerSF – finally taking action to address global warming, which will have a huge impact on San Francisco and future generations – as supporters noted in a rally outside City Hall before the meeting. Sen. Mark Leno said that he doesn’t usually weigh in on proposals before the board, but that, “This is an exceptional time and this is an exceptional vote. This is the time that we need to address our inconvenient truth.”

Beyond the video

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steve@sfbg.com

The Board of Supervisors received the official misconduct case against suspended Sheriff Ross Mirkarimi this week, with a majority of Ethics Commission members urging supervisors to give more weight to the 45-second video that started this sordid saga than the voluminous record they have compiled at great expense over five months of hearings.

Yet Chair Benedict Hur, the commission’s sole vote against finding that Mirkarimi committed official misconduct, last month argued that supervisors shouldn’t take such a narrow view of this decision, expressing concern about the “dangerous precedent” of removing an elected official for conduct unrelated to his job.

Ironically, Hur will be the one presenting the commission’s case to the board later this month, a decision his colleagues made because the other options weren’t good and because they said he has been so knowledgeable and fair-minded through the process. While Hur is likely to play it straight, the supervisors will have an opportunity to elicit his true perspective — raising questions that will be central to the sheriff’s future.

Will supervisors see their decision as a matter of showing zero tolerance for even minor acts of domestic violence, as Mayor Ed Lee and some women’s groups are urging? Or will they see this as governmental overkill in pursuing a punishment that doesn’t fit the crime, overturning an election and giving mayors too much power to go after their political rivals?

Is this just about Mirkarimi and his actions, or are there larger, more important principles involved in this unprecedented decision?

In the video, Mirkarimi’s wife, former Venezuelan soap opera star Eliana Lopez, displays a small bruise on her right bicep and tearfully tells the neighbor who filmed it, Ivory Madison, that Mirkarimi caused it the previous day, Dec. 31, and “this is the second time this is happening.” She also said that she wants to work on the marriage, but that, “I’m going to use this just in case he wants to take [her son] Theo away from me.”

Lopez last month spent more than three hours on the witness stand being grilled by Deputy City Attorney Peter Keith and Ethics commissioners, explaining why she made the video and how she believed Madison was an attorney and their conversations were confidential. She repeatedly insisted that she was not a victim of domestic violence and criticizing city officials and prosecutors for persecuting her family and taking away her husband’s livelihood.

There was nothing in the testimony that obviously impeached Lopez or hurt her credibility. To many observers -– particularly Mirkarimi supporters, who made up the vast majority of those giving public comments to the commission -– her testimony marked the moment when the city’s case began to unravel. Indeed, on Aug. 16 the commissioners voted unanimously to reject most of the charges that Lee filed, including witness dissuasion, abuse of authority, and impeding the police investigation.

In the end, there was just that video, and commissioners on Sept. 11 added a final statement into the record that they believed it more than anything Lopez has said since then. Even Hur said that he found it compelling, and that more may have happened on Dec. 31 than Lopez and Mirkarimi have admitted.

But there really isn’t much evidence to support that belief, and Hur said in August that it shouldn’t matter anyway. If the city’s vague and untested official misconduct language can apply to low-level misdemeanors unrelated to an official’s duties, he said, “we are opening this provision up to abuse down the road.”

 

Locking down reforms

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steve@sfbg.com

Realignment, California’s year-old program of diverting more inmates and parolees from state prison to county jails and probation offices, was borne of necessity: The state faced a severe budget crisis and had been ordered by the federal courts to reduce the population in its overcrowded prisons. But Realignment is proving to be a real opportunity to address inmates’ needs and reduce recidivism, particularly in San Francisco, where progressive notions of rehabilitation and redemption have deep roots.

“Realignment is the most significant criminal justice reform in decades,” says Assembly member Tom Ammiano, the San Francisco Democrat who chairs the Assembly Public Safety Committee and has helped oversee the process. “The motivation of many of us came from things that were thwarted, like sentencing and parole reform, in Sacramento for many years.”

San Francisco was uniquely positioned to thrive under the new system and to be a model for other counties that seek to improve on the 70 percent recidivism rate among state prison inmates, and the myriad problems and costs that spawns. Former Sheriff Michael Hennessey brought a variety of innovative educational and support services into the jail during his 32-year reign that ended last year (see “The unlikely sheriff,” 12/20/11).

“It’s more than an opportunity. It’s in line with the Michael Hennessey doctrine of enhancing public safety while elevating the idea of redemption, and I subscribe to that,” said suspended Sheriff Ross Mirkarimi, who successfully ran as Hennessey’s endorsed heir before Mayor Ed Lee ousted him over domestic violence allegations. “Michael Hennessey made famous the rehabilitation programs inside the jail and outside the jail.”

San Francisco was also in a good position as both a manageably sized city and county, and one that had room for the influx of inmates. It was ordered by the courts in the 1980s to reduce its crowded jail population – the peak jail population of 2,300 is now down to about 1,550 – and gained even more capacity last year when the SFPD’s crime lab scandal resulted in hundreds of drug cases being thrown out by the courts.

“It’s something that makes sense for San Francisco,” Acting Sheriff Vicky Hennessy told us. “We’re doing better than most other counties because we had the bed space and we had community programs. Michael Hennessey is a visionary…and he got these community programs out there.”

Undersheriff Ellen Brin, who oversees the jail, said the main difference among inmates that San Francisco is dealing with under Realignment – a total of 2,258 in the jail over the last year, staying an average of 60 days each, and another 306 convicts under post-release supervision – is that they’re in local custody longer than before.

“It’s sort of the same population we’ve always dealt with, but maybe we’re dealing with them on a longer term,” she said.

That creates some challenges – Brin said there are more inmates who are a little more hardened and “more sophisticated” – but it also gives local programs more of a chance to help the inmates. That was one of the arguments for Assembly Bill 109, the main legislation that created Realignment, along with five other related bills.

“That was the whole plan about AB 109 is the counties do it better,” Brin said. “For us, we’ve been doing these programs for so long, with reentry and other community programs, so it’s easy for us to manage this population because they’re here longer.”

Realignment has also prompted more collaboration among the affected local agencies – particularly the Sheriff’s Department, Adult Probation Services, and the District Attorney’s Office – and their counterparts on the state level.

“We haven’t had an overarching initiative that we’ve all been required to sit around a table and work on. This has kind of brought us together, and we’ve discovered other areas where we need to work together as well,” Hennessy said.

That has sparked new programs. For example, San Francisco just started to bring those about to be paroled from state prison into the local jail before their release in order to integrate them into the San Francisco rehabilitation system. “We’re creating a reentry cycle for them so they aren’t just getting off the bus and landing here and going directly to Probation for an interview,” Hennessy said. “Now, we’re going to try to bring them here 60 days early and provide them with wrap-around services, so that we can get them established, get them housing, give them the best opportunity we can for a successful reentry.”

With counties now responsible for the people local judges send to jail, there’s more interest in reforming sentencing laws and exploring more progressive and community-based alternatives to incarceration, which is the focus of the new San Francisco Sentencing Commission that held its first meeting last month.

“District Attorney [George] Gascon is very supportive of Realignment, DA’s Office spokesperson Stephanie Ong Stillman told us. “He has said it could have the greatest impact on justice reform in decades. San Francisco is on its way to being a model for the state.”

But the flip-side of San Francisco’s advantages has been a growing backlash against Realignment in conservative counties with disproportionately high incarceration rates and a lack of capacity in their jails – which is often a byproduct of combining tough-on-crimes policies with anti-tax attitudes, something Ammiano is now dealing with in Sacramento.

“There is a lot of push-back from the Republican Party and alarmism over Realignment,” Ammiano said, noting that he’s just waiting to be hit with anecdotal stories about a transferred inmate committing some horrific crime, even though Realignment only involves low-level convicts who committed non-violent and non-sexual crimes.

Ammiano will work with a newly constituted Board of State and Community Corrections that will distribute funds to counties that need to beef up each their jail capacities or their treatment programs. That mix hasn’t been set yet, but Ammiano said he won’t support counties that simply seek more state resources to maintain high incarceration rates.

“In one way, it’s perturbing and the other way, it’s exciting,” Ammiano said. “For me, the more the county has programs, the more sympathetic I’ll be.”

Yet in this era of chronically underfunded government entities, even San Francisco is strained. Hennessy and Brin say Realignment has brought more inmates with serious mental health issues into the jails for longer periods of time — and that has stretched their resources.

“That’s where we lack, even before AB 109, and I’d like to get more people in there who are experts in the mental health field,” Brin said.

Hennessy agreed, but added, “The mental health program we have is extremely good, it’s just overtaxed because we’re seeing many more people, and this is across the state.” Mental health isn’t the only issue. “The other thing that is a concern is housing for people,” Hennessy said, explaining that the city needs both supervised housing and regular low-income housing for former inmates returning to the community. Maintaining the Sheriff’s Department progressive legacy in the face of new challenges is one reason why Mirkarimi sees danger in Lee’s decision to overturn that election and consolidate more power in the Mayor’s Office. “It’s important that the independence of the Sheriff’s Department be preserved,” Mirkarimi said. “Programs can easily be changed by successive mayoral administration if there isn’t that check on power.” But for now, Brin said San Francisco’s various law enforcement officials have been working well to realize the potential of Realignment: “The collaboration between the criminal justice partners has just been really, really great. Everybody is working together to try to accomplish the same thing.”

Ending the mayor’s commission monopoly

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EDITORIAL Ten years ago, San Francisco voters took a huge step toward decentralizing control of city planning, approving a measure that splits the appointments to the powerful Planning Commission between the mayor and the Board of Supervisors. A year later, a similar change gave the supervisors a role in appointing Police Commission members.

By any rational account, it’s been a complete success. The commissions better reflect the diversity of opinion in the city, function well and are no longer complete rubber stamps for the mayor and his planning director and police chief.

The mayor still controls the majority on both panels; his ability to set the direction of city policy hasn’t been harmed. But there’s a least a chance for a dissenting voice or two.

Compare that to, say, the Recreation and Parks Commission.

Rec-Park is a disaster. The seven members are all appointed by the mayor. Some have little or no past experience in anything related to recreation or parks. One actually works as Mayor Ed Lee’s scheduler. Commission votes are nearly always unanimous and the panel supports the director more than 90 percent of the time.

The mayoral appointees have overseen the rampant privatization of public space and a change in direction that undermines the entire concept of urban parks. Rec-Park staff have been directed to find increased ways to turn the parks into cash machines, prioritizing revenue over public access.

The result: So many people are angry at the department that it’s possible San Francisco voters will reject a bond act in November aimed at providing badly needed money to fix up ailing parks and facilities.

The discontent with Rec-Park stems in significant part from the perception that the commission is inaccessible and uninterested in public input. Since all of the members typically line up in lockstep on every decision, there’s little discussion and less chance for opposing opinions to get heard.

There’s a pretty easy fix — the supervisors could put a charter amendment on the ballot giving the board three of the seven appointments. But that would leave a long list of other key commissions unchanged — and there’s no reason to address the problem piecemeal. It’s time for the supervisors to push a comprehensive reform package that redefines how every policy commission in the city is structured.

The reason district elections of supervisors has been such an unqualified success (and remains incredibly popular) is that it guarantees not only neighborhood input on issues but a diverse board. Fiscal conservatives have a voice; so do left-progressives. You won’t find that on most mayoral commissions; it’s very, very rare for a mayor to appoint someone who doesn’t share his or her policy perspectives.

The mayor of San Francisco — who needs to raise huge gobs of money to get elected, leaving him or her deeply in debt to powerful and wealthy individuals and interests — has too much power. That’s a basic problem in the City Charter. The supervisors should start holding hearings now on alternative approaches to a more equally shared governance. Splitting appointments to all commissions would be a great start.

 

The historic PG&E/clean energy vote today

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And so, after a Guardian campaign that started in 1969 to kick PG&E out of City Hall and bring the city’s own Hetch Hetchy public power to San Francisco residents and businesses, the San Francisco Chronicle reported  in Monday’s edition ( 9/17/2012)  that San Francisco “is on the threshold of taking a major step into the public power realm.”

The lead story by John Cote, under a big front page head “Clean power plan would skirt PG&E,”  nicely laid out the CleanPowerSF program and even said that the plan “would effectively break Pacific Gas and Electric Company’s decades-old monopoly on the consumer power market in its headquarters city.”

He quoted Sup. David Campos, sponsor of the legislation, as saying that “This is about giving consumers a choice. And for the choice to be meaningful, it can’t be dependent on one company deciding the energy future of this city.”  The plan goes before the board on Tuesday (9/18/2012) and public power advocates say they have the votes for passage, despite PG&E’s furious lobbying inside and outside City Hall.

What Cote didn’t say, and what the Chronicle has been blacking out for decades, is the crucial point that this clean energy/ public power plan is no ordinary vote on an ordinary issue.  It is an extraordinary vote that would  start the process to enforce the federal Raker Act of 1913 that mandates that San Francisco have a public power system because the city dammed Hetch Hetchy Valley in Yosemite National Park for its cheap public water and cheap public power.  The city got the cheap Hetch Hetchy water, but it never got the cheap Hetch Hetchy power because PG&E stole it and forced the city to buy PG&E’s expensive private power all these years. The cost: billions of dollars for decades to the taxpayers and enduring structural corruption at City Hall. The Guardian has called this PG&E/Raker Act scandal the biggest urban scandal in U.S. history. It still is.

It’s quite a story and I urge you to check out the hundreds of investigations, stories, editorials, cartoons, and graphics the Guardian has used for years to illuminate the scandal and fight to enforce  the Raker Ac t and bring our own Hetch Hetchy power to our own people in San Francisco.

Buried in the Cote story is a key political point: Mayor Ed Lee, the man who became interim mayor on a phony premise and then lied his way into a full term as mayor, reiterated his “concerns” through a spokesperson that he is, gosh, golly, gee, “concerned about the opt-out provisions, the risks associated with the contract and the cost to residents.”

Marvelous. Simply marvelous. Lee is once again enunciating the PG&E line that mayors before him, notably Willie Brown and Gavin Newsom, have used to keep City Hall safe for PG&E and undercut the threat of public power coming to San Francisco and disturbing PG&E’s questionably legal monopoly. Brown, let me emphasize, was under PG&E’s thumb before, during, and after his mayoral tenure and now operates as an unregistered, $200,000-a -year PG&E lobbyist, Chronicle columnist, and key Lee confidant  and ally.

The current public power proposal isn’t as strong as the three public power initiatives that PG&E spent tens of millions of dollars to defeat.  PG&E would still own the lines and network, handle maintenance, and send out the bills.

But the proposal would provide l00 per cent renewable power to residents who want to pay a bit more for it, build a customer base and revenue stream for city-owned renewable power generation, advance the city’s greenhouse-gas reduction goals, and set aside $2 million to study public power options.  Most important, it would be a helluva good first step toward enforcing the public power provisions of the Raker Act and kicking PG&E out of City Hall.

The supervisors and Lee should approve the legislation and move it forward vigorously and without delay.

This is a historic moment and a historic vote in San Francisco history.  The question is, who is going to be on the right side of history and who is going to be on the wrong side of history with a PG&E vote that will live in infamy?  B3

P.S. A tip of the clean energy hat to Ed Harrington, who successfully wrestled  the proposal through the sea of crocodiles and hippos at City Hall.  He delayed his retirement as general manager of the San Francisco Public Utilities Commission to finish up the proposal.  “This is the single biggest program that is even on the  horizon within the city and county of San Francisco to make any difference toward any of the goals that you have set as board members in terms of having a change in greenhouse gas emissions and climate change in San Francisco,” he told the supervisors’ budget committee last week as reported by Cote.  “This program can make a dramatic change.”  

And a tip of the clean energy hat to Sup. Campos, who put the proposal forward up against  fortress PG&E,  More: a tip of the clean energy hat and a  bow to all the many public power advocates who have fought for years to bring clean energy and public power out of the wilderness and to this position. Furthermore, I salute  Sheriff Ross Mirkarimi, who led the first  two public power initiative campaigns as the unpaid manager and then took on the herculean job of orchestrating the clean energy/cca proposal inside City Hall .when he became a supervisor. Mirkarimi is now paying the price for, among other things, successfully taking on PG&E and the PG&E establishment. His was an enormously courageous and important public service.  On guard,   B3

 

Ethics Commission rejects Mirkarimi delay request

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The Ethics Commission – in a decision made by Chair Benedict Hur, to whom the commission had given the authority to make procedural decisions – today rejected a request by attorneys for suspended Sheriff Ross Mirkarimi to delay transfer of his official misconduct case to the Board of Supervisors until after the Nov. 6 election.

Mirkarimi’s attorneys argued that the decision has been overly politicized during the election season, with supervisorial challengers turning the decision into a litmus test and interest groups polling voters on whether they would be more likely to reject supervisors who voted for reinstating Mirkarimi. The City Charter requires the board to act within 30 days of receiving the official record from Ethics, which will probably happen early next week.

“The fate of the sheriff has been made a key political issue in the election by the media, candidates, consultants, mayoral appointees to commissions, and others. Sending the record to the Board immediately prior to an election deprives the Sheriff of a neutral decision-maker, as guaranteed by the Due Process clauses of the 5th and 14th Amendments,” attorney David Waggoner wrote to the commission on Sept. 10, attaching eight articles and campaign pieces linking the Mirkarimi decision to the supervisorial races.

But Hur disagreed. “There is no evidence suggesting that any member of the Board of Supervisors will disregard the facts and the law and instead vote to sustain the charges based upon perceived political pressure,” he wrote. Actually, he argued that “granting the Sheriff’s request would cause the Commission to engage in the type of political maneuvering that it seeks to avoid. The commission will not manipulate the timing of the Board’s decision in a misguided attempt to predict the nadir of public pressure on the Supervisors.”

Mirkarimi told the Guardian that he was disappointed by the decision, noting that it was Mayor Ed Lee’s piling on of excessive charges that the commission found no evidence to support that have delayed the board’s deliberations until the height of the election season. “This is so vividly and transparently political.”

Committee approves CleanPowerSF over downtown opposition

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The question of whether San Francisco creates a renewable energy program that offers an alternative to Pacific Gas & Electric got its first major hearing at City Hall today, with the business community claiming it’s too expensive and supporters arguing that the time has come for the city to address climate change and the long-term energy needs of city residents and businesses.

The Board of Supervisors Budget & Finance Committee voted 2-1 in favor creating CleanPowerSF, entering into a contract with Shell Energy Northern California to administer the program, and devoting $19.5 million from the San Francisco Public Utility Commission’s water fund to help launch it and buy clean power for city residents.

Sups. John Avalos and Jane Kim supported the project, while Sup. Carmen Chu was opposed. It now goes to the full Board of Supervisors next week, where it is expected to have progressive support and be opposed by the fiscal conservatives.

“I do think we will have the necessary majority to get this through,” the measure’s sponsor, Sup. David Campos, told us. But one open question is whether Mayor Ed Lee will veto a measure that his SFPUC appointees developed but his downtown allies are trying to kill, and if so, whether there are eight supervisors willing to override a veto.

But Campos noted that SFPUC officials testified today that CleanPowerSF is the only way they’ve identified to meet the city’s ambitious official goals for reducing greenhouse gas emissions, which call for a reduction of 20 percent below 1990 levels by the end of this year and an 80 percent reduction by 2050.

Supporters who testified today included environmentalists, progressive groups, and young people who cast addressing climate change as the defining struggle of their generation. “This, not to go overboard, is the most important vote you’ll ever do,” said the Sierra Club’s Arthur Feinstein.

Those who spoke against the program included the usual array of downtown groups that have traditionally defended PG&E’s interests – including the Committee on Jobs, Golden Gate Restaurant Association, and Plan C – and they were joined by an unusually large number of elderly Asian individuals wearing stickers opposing the project.

“It’s a bad program that doesn’t meet even the basic elements of its original promise,” said Chris Wright, executive director of the Committee on Jobs, which PG&E has helped fund since its inception. Like most CleanPowerSF opponents, they have long opposed even the concept of community choice aggregation (CCA), the state law that allowed the city to create CleanPowerSF.

PG&E’s longtime support by local politicians has eroded in recent years because of its overkill campaigns against public power initiatives and supporters and its negligence in the deadly San Bruno pipeline explosion.

Even GGRA Executive Director Rob Black told the committee, “PG&E, a local company, candidly has its problems.” But he and other project opponents – and even a few supporters of the project – centered much of their opposition on the involvement of Shell, which has a bad reputation and environmental record, like almost every other multinational energy company.

“I have the same qualms about Shell that everyone else does,” said Katherine Roberts, who said that she nonetheless supports the project, calling it the only way for most San Franciscans to directly support the development of renewable energy sources. Shell was the sole bidder on a project that requires enormous financial wherewithal.

Campos calls the focus on Shell a diversionary tactic: “PG&E already buys energy from Shell. To the extent people don’t want Shell in the picture, Shell is already in the picture.”

Both the supervisors and the mayor will be under intense pressure to derail CleanPowerSF, with that campaign led by downtown groups and IBEW Local 1245, the union that represents PG&E workers. Sup. Scott Wiener, who says he’s still undecided, told us that his office was flooded with phone calls today, mostly in opposition to the project.