Election

Breaking: Leno endorses Sanchez

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Just got word that state Assemblymember (and Senator-elect) Mark Leno is going to endorse School Board member Mark Sanchez for supervisor in District 9. “We’ve got his endorsement,” Sanchez just told me by phone. “We’re putting out the press release today.”

That makes two Green Party members the Democratic lawmaker is backing; he’s also endorsed Ross Mirkarimi in D5. Good for Leno not to let the irrational fear of Greens that so many Democrats harbor influence him; this is, after all, a nonpartisan race.

It’s a tough choice in D9 — Sanchez, Police Commission member David Campos and housing activist Eric Quezada are all good progressives and any of the three would be a great supervisor. Quezada, I think, never had much of a chance with Leno; he’s pretty close to Sup. Chris Daly, who was a strong backer of Carole Migden in the bitter Migden-Leno senate race. Campos is close to Sup. Tom Ammiano, who was neutral in the Leno-Migden brawl — but Campos, who is on the Democratic County Central Committee, voted for Aaron Peskin as chair. Leno’s candidate (and he was pusing him hard) was Scott Weiner, who narrowly lost.

Quezada also ran for DCCC, but didn’t win.

Sanchez, as a Green, was able to stay out of both the Migden-Leno fight and the Peskin-Weiner contest. Oddly enough, not being a Democrat may have helped him here.

Campos, by taking the stand he thought was right and voting for Peskin (despite immense pressure), may have scotched any chance of getting Leno’s endorsement. “That’s politics,” he told me. Yes, it is.

(UPDATE: Sanchez corrects me: He endorsed Leno for state Senate months before the election. So the Leno endorsement is even less of a surprise.)

PG&E’s first big lies

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EDITORIAL The San Francisco Chronicle reported Aug. 2 that Pacific Gas and Electric Co. is almost certain to miss the state’s deadline for increased renewable energy generation. It’s a pretty modest goal: 20 percent of the company’s electricity is supposed to come from renewable sources by 2010. But PG&E is nowhere near on track.

But the company is well on its way to spending a record amount of money to block San Francisco voters from passing the Clean Energy Act, which would allow the city to develop renewable energy on a schedule that would meet much more aggressive goals. A political front group funded by the utility has already mailed out or paid operatives to place on doorknobs tens of thousands of flyers packed full of lies about the proposal. It’s the earliest we’ve ever seen a full-scale ballot campaign get underway — the election isn’t until Nov. 4. By then the barrage of PG&E misinformation will reach a fever pitch.

So it’s not too early to start evaluating the campaign rhetoric and exposing the most ridiculous of the lies.

PG&E is starting out with four basic themes that will probably form the center of the fall campaign. The main attack will be economic — the measure, PG&E will say, is too costly for these tough economic times.

The information the company’s flacks are putting out is so blatantly inaccurate that it’s hard to take any of it seriously. Here’s what the utility is saying:

<\!s> The Clean Energy Act will cost $4 billion and raise electric rates by $400 per household. That’s based on two complete fallacies, and even by PG&E’s standards, this has to go down as one of the worst lies in local political history. For starters, PG&E is assuming that the city will decide to buy out its old local distribution system (that’s not mandated in the Clean Energy Act; there may be smarter ways to get into the renewable energy and public power business). But even if the city did buy the system, there’s no way it would cost close to $4 billion. The state Board of Equalization appraises utility property every year, and PG&E’s own appraisers participate in the discussions. Last year the BOE concluded that all of PG&E’s local property — including a big downtown office building — was worth about $1.2 billion. PG&E, to our knowledge, has never attempted to have that figure (and thus its own tax bill) increased to $4 billion. Without the office building, which the city would have no need to buy, the actual distribution system is probably worth closer to $800 million — putting PG&E’s number off by a factor of five.

The $400 per household figure is based on the cost of paying off $4 billion in bonds — but all the Clean Energy Act does is give the supervisors the ability to issue revenue bonds. Unlike typical general obligation bonds, the revenue bonds would not be backed by taxpayers, and would be repaid by the money the city would make selling retail electricity. And the only way the supervisors would move to take such a dramatic step as an eminent domain action to seize PG&E’s distribution system is if the figures show that the city can pay off the bonds without raising electric rates.

<\!s>The act would give the supervisors a blank check to issue bonds without voter approval. Actually, it would just give the board the same authority the Port Commission and the Airport Commission already have — the ability to issue revenue bonds — just revenue bonds — to fund renewable energy and utility projects. If the projects make no sense economically, investors won’t buy the bonds anyway. So only well thought-out projects with a clear revenue stream are even possible. Lots of public agencies have this authority, and it’s rarely misused.

<\!s>Electric rates would go up. Nonsense — every public power city in Northern California has lower electric rates than San Francisco. PG&E has some of the highest rates in the nation. Public power is always cheaper.

<\!s>The city will lose $20 million in tax revenue. Yes, if the city were to take over PG&E’s distribution system, the city would no longer collect the tiny pittance it currently gets as a franchise fee. The fee is the lowest in the state and among the lowest in the nation (and is set in perpetuity). The revenue from a public power system would more than make up for that loss.

PG&E is terrified by this proposal, so nervous that it started a massive campaign months before the election. There will be more lies coming, most of them attempts to scare the voters into thinking that the Clean Energy Act is expensive and risky. We’ll debunk them as they come along. In the meantime, the supervisors ought to hold hearings on these issues, particularly the cost issue, and ask the Board of Equalization’s experts to come and testify — so that PG&E’s lies can be exposed to the broadest possible audience.

Lennar’s lawsuits

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› sarah@sfbg.com

Two years after Lennar Corp. reported that asbestos dust had neither been monitored nor controlled during major grading and earthmoving operations on its Parcel A construction site on Hunters Point Shipyard last year (see "The corporation that ate San Francisco," 3/14/08), the fallout from these failures continues.

On June 19 a dozen Bayview–Hunters Point residents and workers sued Lennar, as well as international environmental consultant CH2M Hill and Sacramento-based engineering consultant Gordon N. Ball, in Superior Court on behalf of their preschool and school-age children. The parents allege that their children suffered headaches, skin rashes, and respiratory ailments during Parcel A excavations, which occurred next to a predominantly African American and Latino community.

The plaintiffs charge Lennar, CH2M Hill, and Ball with public nuisance, negligence, environmental racism, intentional infliction of emotional distress, and battery. They are asking for monetary damages, a jury trial, and court costs.

But Lennar is apparently seeking to deflect the blame for these problems at the site entirely onto CH2M Hill through a new federal lawsuit, despite revelations in the Guardian (see "Question of intent," 11/28/07) that Lennar reprimanded its own staffer, Gary McIntyre, when he tried to bring Ball to heel for the company’s failure to properly control the toxic asbestos dust.

On June 23, Lennar BVHP LLC sued subcontractor CH2M Hill for negligence, negligent misrepresentation, breach of contract, express indemnity, and unfair business practices in connection with its work on Parcel A.

"Lennar seeks to recover for the significant economic harm it has suffered in addressing the ramifications of CH2’s gross and reckless misconduct in failing to provide competent asbestos air monitoring services for Lennar’s redevelopment of a portion of Hunters Point Shipyard in San Francisco," states the suit, which seeks damages, restitution and indemnity, attorney fees, court costs, and a jury trial.

"Lennar’s economic harm vastly exceeds $75,000," the suit notes. "CH2 has provided no compensation to Lennar and no other relief for its failures. Indeed, CH2 has never publicly acknowledged its clear responsibility for these failures."

CH2’s Oakland-based vice president, Udai Singh, who signed a $392,600 contract with Lennar in January 2006 for asbestos dust monitoring services, told the Guardian, "Unfortunately I’m not working on that, so I have no clue what you are talking about.

"I thought I might have seen something about that, but since I have been working mostly on EPA stuff, I haven’t been involved in this one," continued Singh, who has been project manager for remedial projects on Superfund sites for the federal EPA’s Region IX, which includes Arizona, California, Hawaii, and Nevada.

Singh referred us to CH2’s Denver-based counsel Kirby Wright, who referred us to CH2’s public relations director, John Corsi, who did not return the Guardian‘s calls as of press time.

But while Lennar BVHP continues to contract with Gordon N. Ball at the shipyard, local resident Christopher Carpenter has sued the Sacramento-based contractor in Superior Court for whistleblower retaliation, wrongful termination, racial discrimination, and intentional infliction of emotional distress.

As the Guardian reported, ("Green City: Signs of asbestos," 8/29/07), Carpenter was fired shortly after he complained about dust that was kicked up by a Ball backhoe excavating the Parcel A hillside on Oct. 2, 2006.

"Carpenter became surrounded by a cloud of dust that was caused by Gordon Ball’s failure to water the ground prior to commencing grading," the suit alleges, noting that Carpenter complained about Ball’s unsafe and unhealthy working conditions, some of which violated Bay Area Air Quality Management District regulations and the city’s Health Code, before he was fired.

At City Hall, Sup. Sophie Maxwell is seeking to amend the city’s Building Code to require more-stringent dust control measures for demolition and construction projects. (The Building Inspection Commission opposed Maxwell’s proposal in December 2007, in a 4–3 vote).

On July 22, the Board of Supervisors voted unanimously to support Maxwell’s dust legislation.

Meanwhile, the Rev. Christopher Muhammad, who represents the Muhammad University of Islam adjacent to Parcel A, asked the San Francisco Health Commission to investigate why it took until July 14 for the local community to learn of an asbestos-level violation that occurred at Lennar’s Parcel A site just four days before the June 3 election.

Muhammad suspects the infraction was hushed up because Lennar was engaged in the most expensive initiative battle in San Francisco’s history, plunking down a total of $5 million to support the ultimately successful Proposition G, which gives the developer control of Candlestick Point and the shipyard.

Amy Brownell of the Department of Public Health told the Guardian that the violation, which registered at 138,800 structures per cubic meter of air (the city’s work shutdown level is set at 16,000 structures) did not trigger a work suspension because there was no work planned at Lennar’s site May 31 or June 1, which was a weekend.

Clean Energy Act makes ballot

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› news@sfbg.com

GREEN CITY The San Francisco Clean Energy Act isn’t the only charter amendment on the November ballot, but it’s already shaping up to be the political lightning rod of this fall’s election.

Pacific Gas & Electric Co. sent out mailers opposing the measure even before the Board of Supervisors voted 7-4 on July 22 to place it on the Nov. 4 ballot. Mayor Gavin Newsom also announced his opposition to the act moments after Assemblymember Mark Leno, former San Francisco Public Utilities Commission General Manager Susan Leal, and a cadre of progressive supervisors announced their support for it on the steps of City Hall.

Authored by Sups. Ross Mirkarimi and Aaron Peskin, the Clean Energy Act requires San Francisco to fulfill 51 percent of its electricity needs through renewable sources by 2017. That requirement rises to 75 percent by 2030, and to 100 percent, “or the greatest amount technologically feasible or practicable,” by 2040.

The SF Clean Energy Act also mandates that a feasibility study be undertaken to look at the best way to provide clean, green energy, which could lead to PG&E losing its stranglehold on energy if the study finds public power to be the best option.

Explaining the importance of mandating a feasibility study, Mirkarimi said, “Otherwise PG&E has a monopoly here until the planet dies.”

Supporters say it is important for San Francisco to set up a model that others can follow. “As goes San Francisco, so goes the state of California, and so goes the nation,” Peskin said at the July 22 rally, just before the Board voted to place the act on the ballot. “This is a time when people can change the destiny of the planet.”

Moments after that rally ended, Mayor Newsom took a minute to explain his opposition.

“We have other things we should be focusing on,” Newsom told reporters at a press conference at the War Memorial Building to announce housing bonds for veterans. “Let’s call it what it is. It’s a power takeover of PG&E,” he said.

But the elected officials and myriad organizations who showed up at City Hall to support the Clean Energy Act say that public vs. private power is not the main issue.

“The public power considerations have been drafted in a thoughtful and reasonable way,” Leno told the crowd. “It would involve study after study after study, and testimony from experts.”

Leno noted that 42 million Americans have public power, and if San Francisco did turn to public power, it would be embracing something as American as mom and apple pie. “Unlike their private power company counterparts, public power systems serve only one constituency: their customers,” Leno said.

Sup. Gerardo Sandoval opined that government is better able to assume renewable energy risks. “The private industry is not going to take that risk,” Sandoval said. “It’s always going to take the cheap way out, which is fossil fuels.

Others warned the audience not to be swayed by PG&E’s anti–Clean Energy campaign, which Newsom’s chief political consultant Eric Jaye is working on.

“This is not some crazy takeover scheme,” Leal said. “It’s about protecting the environment and the rights of San Franciscans and their rate payers.”

The Clean Energy Act has been endorsed by the Sierra Club, San Francisco Tomorrow, ACORN, the San Francisco Green Party, the League of Young Voters, Green Action for Health and Environmental Justice, the San Francisco Green Party, and the Ella Baker Center for Human Rights.

Mark Sanchez, president of the San Francisco Board of Education and a supervisorial candidate in District 9, described showing “An Inconvenient Truth” to the eighth-grade science class he teaches. “What can I say to my kids — we don’t have the policies in place to mitigate the damage they see?”

The Sierra Club’s John Rizzo noted, “This act insures that San Francisco is at the center of this economy. Not in Japan, China, or Germany. It will be here.”

Aliza Wasserman of the League of Young Voters stated that “PG&E is not investing $1 in renewable energy beyond state mandates, and they lobby against measures to raise those mandates.”

Peskin wins DCCC chair

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Before the San Francisco Democratic County Central Committee voted tonight on its new chair, Chris Daly told me the vote was going to be 18-16 in favor of Aaron Peskin, the progressives’ pick. I didn’t doubt him. The play was going to be to elect Peskin temporary chair as the first order of business, before the public comment or chair election agenda items, and make it clear from the get-go where the votes were.

There was a mild and brief parliamentary scrum before the names of Peskin and Scott Wiener, last term’s chair and the pick of the moderates, were put up for vote. Peskin won on a 18-16 vote.

“You have my word that I’m going to work my butt off and I’m going to do it with Scott,” Peskin said during his acceptance speech before Wiener supporters reminded him he was only temporary chair and the real vote was still coming up. But I didn’t doubt it was over.

I listened to the first speaker during public comment, Senator-to-be Mark Leno, sound conciliatory notes and praise the soon-to-be vanquished candidate he supported. And then I left as the speakers lined up at the microphone to make the case for their respective candidates, telling Daly to call me if the official vote wasn’t 18-16.

Summing up SF’s historic rally for clean energy

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By Bruce B. Brugmann and Janna Brancolini (Scroll down for Jean Dibble’s photo essay of the rally and comments by the speakers)

It was a historic rally Tuesday on the City Hall steps to kick off the third initiative aimed at bringing clean energy and public power to San Francisco.

As our photo essay shows, there was a formidable and diverse array of politicians and environmental and social justice organizations lined up with their signs and speeches to support the measure.

Five supervisors, including the board president, spoke at the rally (Ross Mirkarimi, Aaron Peskin, Tom Ammiano, Bevin Dufty, and Gerardo Sandoval) and then went into a board meeting in City Hall and hours later voted with two other colleagues (Sophie Maxwell and Chris Daly) to put the pioneering initiative on the November 2008 ballot. The vote was 7-4, with Sups. Sean Elsbernd, Michaela Alioto-Pier, Carmen Chu, and Jake McGoldrick voting against. The rally and the vote were cannon shots heard round the city, the state, and the nation.

Susan Leal, former general manager of the SF Public Utilities Commission, made her first public appearance since her dismissal by Mayor Newsom, at the urging of PG&E, for her moves toward public power. The Sierra Club, which fought the damming of Hetch Hetchy Valley in Yosemite National Park a century ago and still wants to tear the dam down, was standing tall with the group (John Rizzo).

All in all, it was one of the most impressive starts to a tough initiative campaign that i have seen in 42 years of covering City Hall for the Guardian. More: having covered the clean energy/public power beat since l969 and our first expose of the PG&E/Raker Act scandal, I think this initiative and this emerging campaign has an excellent chance of winning in November. Remember: when the public power movement revved up in the late l990s, it faced a PG&E-friendly mayor (Willie Brown), a PG&E friendly City Attorney (Louise Renne, whose husband worked for a downtown law firm getting big PG&E money) and a PG&E-friendly Board of Supervisors (only Tom Ammiano and the late Sue Bierman were pro-public power) and had to go around City Hall by going the route of a Municipal Utility District (MUD) ala the Sacramento Municipal Utility District (MUD). This time around, the board turned against PG&E and the city attorney’s office drafted the initiative for the board president and an emerging mayoral candidate.

The November ballot is filled with the juicy issues that bring out the voters: Obama, seven supervisorial races, and a raft of good initiatives aimed at dealing with major city problems (an affordable housing plan, two new tax plans focused on bringing in revenue from the wealthy, a big bond act to rebuild San Francisco General hospital, and the green energy and public power plan.) This time around, clean energy and public power are in the news and the media carried the story widely. PG&E is more worried than ever before and is already launched an early carpet bombing campaign and setting up astroturf and greenwashing operations allegro furioso. And their operatives are out and about and lurking everywhere. On guard!

The Jean Dibble photo essay

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Julian Davis, campaign chair, leads off the event and introduces the speakers.
The group stretching across the steps from left to right: representatives from the SF Green Party, the Green Guerrillas Against Greenwash Network, the Sierra Club, Mark Sanchez, president of the San Francisco Board of Education, Julian Davis of San Francisco Tomorrow, John Rizzo of the Sierra Club (speaking), Mirkarimi,
Sierra Club, Green Action, Green Guerrillas Against Greenwash, League of Young/Pissed Off Voters, more Sierra Club, Global Exchange, Power Vote, and League of Young Voters. (Not pictured in this photo were some l5 people from ACORN.

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Another overview of the group with Davis at the microphone.

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Assemblyman Mark Leno: “Jimmy Carter predicted 30 years ago that by 2000 we could be down from 40 per cent dependence on foreign oil to 20 per cent dependence. We didn’t listen. Instead we were up to 60 per cent by 2000 and now we’re pushing 70 per cent…This measure will take our fate out of PG&E’s hands and put it into the hands of our communities, who have a profound stake in providing clean, sustainable, reliable, and reasononably priced electric services.”

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Former PUC General Manager Susan Leal: “This initiative is about protecting the environment and the rights of San Franciscans and their ratepayers…It’s 167 miles (from San Francisco) to Hetch Hetchy (valley.). The first 140 miles of movement is cheaper than the last 27 miles because PG&E controls it. There’s an economic piece and an environmental piece. We have the technology–geothermal and solar trough. How are you going to move that power? We aren’t going to be able to make it (financially) because PG&E jacks up the rates on the last 27 miles. In 20l5 they’re jacking them up again…this is taking back what is ours.”

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Sup. Ross Mikarimi, co-author of the initiative: “This is not a ‘hostile’ take over,”he said. This is a “meaured way to make the city l00 per cent green and clean in 20 years. This act mandates a feasibility study on how we can provide green and clean energy…otherwise PG&E has a monopoly here until the planet dies.”

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Sup. Aaron Peskin, board president and co-author of the measure: “It’s a very profound thought. This is a time when people (and San Francisco) can change the destiny of the planet…As goes San Francisco, so goes California. As goes California, so goes the nation.”

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Sup. Tom Ammiano, author of two previous public power initiatives: “This issue has a sordid history….500 missing ballots (in the first election), where did they go? …It involves environmental justice. Some have called the (green movement) the Queenhouse effect.” He then said PG&E is avaricious, immoral, and takes homophobic measures. “It wants to shoot the messenger.” He concluded, “This is our time. We’re going to win. We’ll keep the lights on for years.”

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Sup. Bevin Dufty: PG&E’s utility undergrounding system is “an example of PG&E mismanaging things.” He said people in his district were without electricity for 24-48 hours. “This is a referendum for change.”

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Sup. Gerardo Sandoval: “As we’re leaving office, a lot of us want this to be our crown jewel. ..Government works. Government works well because government is better able to assume risk. There is still a lot of risk in renewwable energy, investments, and so on. The private industry is not going to take that risk. It’s always going to take the cheap way out, which is fossil fuels.”

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Mark Sanchez, president of the San Francisco Board of Education, said that children in our schools were affected by the ramifications of PG&E’s monopoly.

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John Rizzo of the Sierra Club: “(Al) Gore said the future of civilization is at stake. Gore’s challenge is a moral one–one that we’ve embraced in San Francisco.” He said that “renewable energy and the green movement will change the world’s economy. Not in Japan, China, or Germany. It will be here.”

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Another overview photo.

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Aliza Wasserman of the League of Young/Pissed Off Voters: She warned of PG&Es propaganda campaign claiming to be green. “Take a step back and think about where they’re investing. PG&E is not investing one dollar in renewable energy beyond state mandates and they lobby against measures to raise those mandates.
PG&E is one per cent solar, one per cent wind, and 98 per cent hot air.”

Nicholas Perez, my l4-year-old grandson from Santa Barbara, attended the rally with his dog Charlie.
Early on, as the speakers warmed up on PG&E, Charley summed up PG&E’s position eloquently. He made a timely deposit on the sidewalk in front of the rally. (Nicholas cleaned it up quickly.) Much more to come,

B3, still watching the fumes from the Potrero Hill power plant from my office window at the bottom of Potrero Hill, courtesy of PG&E and Mayor Gavin Newsom

P.S. Incidental question: how can Newsom pretend to be the “green” mayor and be the “green” candidate for governor when he buckles under to PG&E so ignominously? He’s buckled twice to PG&E, first by flip flopping on the Potrero Hill peakers, then on coming out so strong and so quickly against the Clean Energy Act initiative.
Brugmann’s Law: you can’t be a “green” mayor or a “green” anything if you knuckle under to PG&E on the big green issues.

P.S.: A tip of the Potrero Hill martini glass to the seven supervisors who defied PG&E and voted for clean energy: Aaron Peskin, Ross Mirkarimi, Bevin Dufty, Tom Ammiano, Gerardo Sandoval. Sophie Maxwell, and Chris Daly.
The opposition four will be known from now on as the PG&E Four (Sean Elsbernd, Carmine Chu, Michaela Alioto-Pier, and (gulp) Jack McGoldrick). Jake? Jake? What happened to you? Can you please explain? It’s not too late to change your position.

Hunting the lord of war

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› gwschulz@sfbg.com

Accused illegal arms dealer Victor Bout’s long-awaited arrest by Thai police officers March 5 was an important victory against unchecked human rights abuses around the world, and a personal vindication for the San Francisco woman who helped bring Bout to international attention.

Bout arrived at the luxurious Sofitel Hotel in Bangkok believing he was to meet with two senior leaders of the Marxist guerrilla army known as the Revolutionary Armed Forces of Colombia, or FARC. The men, it turned out, were paid informants operating on behalf of US drug enforcement officials.

Through an associate, the 41-year-old Bout allegedly promised to sell the duo large quantities of weapons to continue FARC’s decades-old insurgency against the Colombian government. According to an April federal grand jury indictment filed in New York, the arms included surface-to-air missiles, AK-47s, C-4 explosives, land mines, and even people to help train FARC soldiers in using the weapons.

Among those most relieved — and surprised — at the arrest was a relentlessly determined human rights investigator who lives in San Francisco. Kathi Lynn Austin, 48, has been pursuing the notorious trafficker and war profiteer for more than a decade.

Bout, a former USSR Air Force officer, is widely reputed to be one of the world’s most active criminal arms dealers, perhaps best known for his spectral presence on the African continent. There, he cultivated professional relationships with its litany of brutal dictators and helped fuel some of the most appalling human rights tragedies of the last century.

Austin and other investigators, as well as journalists and law enforcement officials in several countries, say that Bout expertly structured a business empire of shell companies, dubiously licensed cargo planes, and endless arms accumulations from former Soviet stockpiles — all of which were intended to minimize evidence linking his name to illegal weapons dealing.

But the work Austin did to penetrate that shell and expose Bout was so notable and dramatic that Paramount Pictures announced in December 2007 that superstar Angelina Jolie would play her in a drama inspired by Bout’s infamous career.

It’s a stunning achievement for someone who 15 years ago struggled to convince even her colleagues in the human rights community that the end of the Cold War and the globalization of organized crime made nonstate actors like Bout as much of a threat to peace as the tyrannical governments they’d been naming and shaming for years.

"A human rights violation is considered a violation that is carried out by a state actor," Austin told the Guardian. "We were trying to change the whole field of human rights to philosophically say we should be going after these private perpetrators as well."

Austin has helped document Bout’s convoluted network since about 1994, first as a consultant for Human Rights Watch and later as arms and conflict director for the Washington, DC–based Fund for Peace, for which she maintained a San Francisco office, before eventually working for the United Nations.

After returning to San Francisco in June from an 18-month UN mission in East Timor, Austin agreed to talk about her investigations of Bout over several hours of interviews near the North Beach apartment where she’s been holed up writing material for the Paramount script.

Seeing Austin in a crowded coffee shop with clear features and wide, earnest eyes, it’s not easy to imagine her charging through the world’s hellholes: Rwanda, Sierra Leone, Liberia, the Democratic Republic of the Congo, Angola, and other African conflict zones where the UN has imposed longstanding but ineffective arms embargos.

The work of Austin and others repeatedly helped show that death and destruction could continue indefinitely for the right price paid to savvy arms brokers like Bout, while the United States failed to regard the plight of civilian populations across Africa as vital to its interests.

As the world would learn in 2004, even the US military relied on Bout’s planes to conveniently bring its partially privatized war machine down on Iraq, making this story about more than just Bout and his pursuers.

Following Bout’s arrest in Thailand, federal prosecutors here charged him with conspiring to kill US nationals and attempting to illegally acquire anti-aircraft missiles.

In 1997 the United States designated FARC a terrorist group for kidnapping and murdering American citizens in Colombia. US officials also consider Colombia the globe’s largest supplier of cocaine, a trade that’s kept the leftist rebels afloat.

Bout allegedly told DEA informants that an ongoing, violent campaign by the FARC to counter America’s cocaine fumigation efforts in Colombia was his fight, too, and that he could supply the guerrillas with everything they needed.

Days after this story goes to press, however, he’s due for a court hearing in Bangkok, where a judge will decide whether to extradite him to the United States. That means Bout could face a criminal trial on American soil. To Austin, that’s long overdue. She had lost hope that her country would subdue a top-tier enabler of gross human rights violations. A secret sting operation led by American narcotics agents was the last thing Austin believed would lead to Bout’s capture — and for good reason.

She first became aware of his name in 1994, shortly after witnessing one of the brightest moments in contemporary African history. On April 24 of that year, Austin stood near the polling station as Nelson Mandela, a political prisoner of 27 years, marked his ballot in South Africa’s first fully democratic election. She’d been invited to attend after working as a researcher in the Natal province documenting political violence and the apartheid government’s desperate attempts to preserve decades of white control through upheaval and destabilization. No one was sure Mandela would reach the ballot box.

"We got up at three, four in the morning to load a bus," Austin recalls. "Nobody told us exactly where it was. We had to go under cover of darkness. When we got there, he voted just after the sun came up."

The inauguration party weeks later spilled out everywhere in Johannesburg. Austin mingled with foreign journalists and drank champagne. But one of the greatest parties of the century turned glum as vague reports mounted describing trouble in a nearby country, one smaller than Maryland and at the time unknown to most Americans: Rwanda.

"Nothing was really clear. It was all very ambiguous," Austin remembers. "We just kept hearing these reports that 10 Belgian peacekeepers had been killed and the UN was pulling out and people were dying on a massive scale."

The Rwandan genocide would become one of the greatest human atrocities since the Holocaust as extremists from the ethnic Hutu majority massacred at least 800,000 minority Tutsis and Hutu moderates with gruesome efficiency while the world stood by.

As details emerged, Austin raised money in the United States and worked to get to the beleaguered African nation as soon as possible. Meanwhile, a Tutsi-led military offensive defeated the Hutu Power government in the capital city of Kigali by July 1994 and supposedly ended the genocide. But as Austin and others would learn, the violence was far from over.

Hundreds of thousands of refugees streamed toward the eastern border of neighboring Zaire, among them the perpetrators of the genocide. Hidden inside refugee camps, Hutu militias renewed their strength and began amassing weapon caches with the quiet support of Zairian dictator Mobutu Sese Seko.

Austin fearlessly penetrated the militia encampments, persuading exiled Hutu military leaders to disclose how they had obtained antitank grenades and high-caliber ammunition. The list included Col. Théoneste Bagosora, considered to be a chief architect of the genocide. Her trick? Austin told them she was a researcher for the neutral-sounding Institute of Policy Studies — which was technically true — and simply needed to hear their side of the story.

"It was a really treacherous place to be," Austin said. "At the time I appeared young, nonthreatening. I didn’t often say I was with Human Rights Watch…. In any kind of organization, people are motivated by many different things. You find those sources that for some reason or another want to help out or are so ego-driven they don’t think that any information they give to you is going to be used somehow against them."

She also interviewed members of flight crews who gave her information on cargo companies hired by the Mobutu government to secretly supply its Hutu allies with weapons by falsifying official flight plans and end-user certificates, key legal requisites designed to curtail transnational arms shipments.

According to her later Human Rights Watch report, "The militias in these camps have taken control of food distribution, engage in theft, prevent the repatriation of refugees through attacks and intimidation, carry out vigilante killings and mutilations of persons suspected of crimes or of disloyalty … and actively launch cross-border raids."

What didn’t make sense was how the suspected ringleaders of the genocide could obtain weapons despite the return of peacekeepers to the area and an arms embargo on Rwanda imposed by the UN.

CIA investigators later discovered that planes belonging to Bout were involved in supplying the outlaw Hutus, according to Douglas Farah and Stephen Braun’s definitive book on Bout, Merchant of Death: Money, Guns, Planes, and the Man Who Makes War Possible (Wiley, 2007).

Austin also came to that conclusion by the end of an eight-month fact-finding trip to the region carried out in 1994 and 1995. Her findings for Human Rights Watch helped propel her to international notoriety as more NGOs focused on illegal arms flows coming from private brokers.

"The Rwandan genocide was really the watershed, for me and for Bout," Austin said. "In the early years, he’s building his empire and I’m beginning to narrow what I want to investigate. I was becoming more and more convinced that in all the wars I was looking at, it was logistics. It was all about who could bring in the guns, the fuel — keep the war going."

Back then, Bout was still a bit player among many weapons suppliers working on the continent, according to Austin. But he soon did something that would significantly boost his career and help make him what another Bout pursuer once described as "the McDonald’s of arms trafficking." He switched sides and helped the new post-genocide Rwandan leadership topple the neighboring Zairian presidency of Mobutu, Bout’s own longtime client.

Zaire is known today as the Democratic Republic of the Congo. Bout would make yet more money years later aiding another warlord who attempted a violent coup inside the country, Jean-Pierre Bemba. The International Criminal Court last month charged Bemba with mass brutality and rape committed against civilians between 2002 and 2003.

"He [Bout] has no loyalty," a Bout associate told Merchant of Death authors in 2006. "His loyalty is to his balls, his sweet ass, and maybe his wallet."

Probably Bout’s most cynical move occurred in Afghanistan. At the start of his career, in the early 1990s, he allegedly maintained an intimate business relationship with commanders of the Northern Alliance, the tribal army that fought Taliban extremists for years until gaining power in Afghanistan with US help following the Sept. 11 terrorist attacks.

US officials began openly acknowledging in 2005 that Bout earned as much as $50 million also furnishing the Taliban with military equipment during its reign over the country.

Austin’s upbringing is the antithesis of what one might expect from an international human rights investigator. The oldest of five kids, she played guitar in a country-and-western band with the rest of her siblings, embarking on tours throughout the South from their home in Richmond, Va.

"We would play for people who had no money," she said. "We’d camp out for three days just to give them some music."

In the ’60s , the family of Baptists played at small African American churches during the climax of Southern segregation and against the backdrop of racist terror. They defied the neighbors and invited black friends over for dinner or socialized with them publicly. The Austins were largely apolitical, but Kathi says her parents insisted on human decency and encouraged a basic sense of justice and rebellion.

Her exposure to the destitution of many formerly enslaved black families in the South translated seamlessly in her own mind to Africa, a continent that fascinated her. But her understanding of the continent was limited.

"I just wanted to go save Africa one day. It was what I said I wanted to do with my life when I was really young…. I had this kind of missionary zeal, this very naïve, humane impulse."

Few people in her family considered going to college, but Austin hungered for academic achievement, securing a scholarship to the University of Virginia in the late ’70s.

Civil rights turmoil at the school politicized her and transformed her deeply. A model Organization for African Unity held for college students each year at Howard University in Washington, DC had the greatest impact. She attended it devotedly for several years. After competitive debates, politicians, professors, and other experts would speak to the students about Africa’s colonialist history and the anti-Apartheid movement.

"I really began to understand a lot of the underpinnings of what was going on with the African liberation movement in South Africa," she said. "I became engrossed in it and learned a lot intellectually and got a good sense of what I thought."

Austin began to zero in on the Ronald Reagan administration’s agenda of undermining Soviet communist influence in the region. The United States covertly backed the UNITA rebels in Angola against a communist-led liberation movement there, and continued to support the white-dominated and separatist apartheid regime of South Africa.

She wanted to investigate the unsavory relationships Reagan’s White House had developed on the African continent in its crusade to defeat communism during the Cold War. But Austin was aware of only two think tanks in the capital that examined such issues and had a reputation for attracting left-leaning luminaries. One was the nonprofit National Security Archive, a repository of declassified intelligence and foreign policy documents obtained largely through Freedom of Information Act requests.

Headquartered at George Washington University, lawmakers concerned about US covert activities abroad and some of the nation’s best-known journalists, including New Yorker writer Seymour Hersh, palled around at the independent, nongovernmental research library after it was founded in 1985 by a group of muckracking reporters and scholars.

Austin’s internship there in 1988 created a new realm of possibility — solo investigations — and sparked an interest in following the intricate paper trails that accompanied her growing knowledge of Africa’s geopolitical landscape, frequent outbreaks of low-intensity conflicts, and evasive weapons procurers.

But she still had never been to Africa. "That was my big ambition," she said. "If there’s anything about me it’s that I’ve got to see for myself."

As her ties to Washington expanded, she joined a World Bank urban rehabilitation team, writing political and economic background reports on Angola in 1989, believing she could make a difference inside the ill-reputed lender to developing countries.

She didn’t, but it was enough to give her first contact. After that trip to Angola, Austin used her savings to stay behind, joining a UN mission overseeing the withdrawal of Cuban troops above the 19th parallel, who were there as a result of Angola’s years-long civil war. She later went to Mozambique on a MacArthur Foundation grant and interviewed private mercenaries operating there for a report called "Invisible Crimes" that included a simple investigative formula she would employ for years to come: What’s wrong? And who’s doing it?

"Through the years, you realize just what kind of danger she’s in," her sister, Cindi Adkins, said from Virginia. "We would go days, weeks, months without hearing from her. My mom would say, ‘We have to call the Red Cross and see if we can find out that she’s okay.’<0x2009>"

Wanting to escape Washington culture, she moved to North Beach in 1997 after becoming entranced by San Francisco’s slower pace. Between missions, she’d spend full days at Caffe Sapore on Lombard Street writing a book about arms trafficking she’s still working on today.

Stanford University’s Center for African Studies invited her to become a visiting scholar for a year, researching arms proliferation and lecturing students, while the Goldman School of Public Policy at the University of California, Berkeley, did the same thing shortly afterward.

But the San Francisco–based Ploughshares Fund became one of Austin’s biggest supporters, helping her finance the creation of a local arms and conflict office for the Fund for Peace, an antiwar think tank in Washington.

"At that time, one of the areas we did a lot of funding in was the control of small arms and light weapons," said Deborah Bain, Ploughshares’ communications director. "Kathi was someone who did a lot of very courageous work tracking arms flows around the world. We were very impressed with the work she was doing and the kinds of results she was getting."

By then the UN had grown to understand the need for knowledgeable people on the ground who could travel across various war-torn African countries and gather evidence on who was vioutf8g arms embargos and how they were doing it. In the coming years, Austin served as a consultant and official expert on panels that investigated sanctions violations in Liberia, the Congo, Uganda, Burundi, Sudan, and Sierra Leone with teams of other human rights investigators who’d long followed Bout’s operations.

Her ex-boyfriend, Todd Ewing, a foreign economic development specialist and Bay Area native who began dating her in East Africa during the ’90s, described Austin as intense and ambitious. While his own blonde hair and six-foot frame made him conspicuous in the region, he said Austin’s "big brown eyes" and polite manner enabled her to slyly convince gritty characters to talk.

"Her MO at that time would be to just disappear for months [on fact-finding trips]," Ewing said. "I always liked to describe her as a sort of spy for the good guys."

Observers say that history handed the equally ambitious Victor Bout a perfect storm in 1991 at just 24 — an age when many Americans are looking for their first post-collegiate job.

The Soviet empire dissolved that year, ending the Cold War between Russia and the United States. Economic globalization expanded and gave every creative entrepreneur with good connections, criminal or legit, a chance to make a fortune. Aging Cold Warriors in the Beltway during the Bill Clinton era and later in George W. Bush’s cabinet maintained a stark binary ideological view of the world and failed to take seriously the growing threat posed by transnational criminals who had exchanged ideology for profit.

After the Berlin wall fell, corrupt Russian oligarchs infamously plundered the country’s assets as they were privatized following years of state control. Some robbed Russia’s rich oil reserves. Bout sought its military installations and airfields containing rows of cheaply available and unused commercial planes, all essentially abandoned by the central government.

Profiles of Bout put him in Angola — and possibly Mozambique — working as a translator for Russian peacekeepers when the Soviet Union broke up. US officials say Victor Anatolijevitch Bout was born in Dushanbe, Tajikistan, a deeply impoverished former Soviet state, and speaks several languages.

Bout told the New York Times in a rare 2003 interview that he purchased three Antonov aircraft for next to nothing in 1992 and used them to exploit a gap in the transit market, at first ferrying innocuous cargo like flowers from South Africa to the Middle East.

But the mogul quickly fostered connections to old Eastern bloc manufacturing and storage facilities in places like the Ukraine and Bulgaria, which were filled with AK-47s — ubiquitous in the developing world — ammunition, tanks, helicopters, and other military equipment.

Over time, investigators say he erected a complex web of cargo and airline companies designed to throw off suspicion. If one firm faced too much attention from aviation authorities, another was created to hold the assets. Otherwise, bribery, fraud, and forged documents were used, according to a report on Bout created by the US Treasury Department. In many African countries, aviation regulations are weak and international law is rarely enforced.

"Unless confronted with documentary evidence to the contrary, Bout’s associates consistently deny any involvement with Bout himself or playing any role in arms trafficking," the treasury report from 2005 reads.

US officials believed by then that he controlled the largest private fleet of Soviet-era aircraft in the world and employed hundreds of people, overseen partly from a nerve center in the United Arab Emirates, at the time a fast-growing and highly unregulated intercontinental transportation hub east of Saudi Arabia.

The Treasury report and other investigations say Bout became a confidante of the Liberian dictator Charles Taylor, supplying him with gunships and missile launchers. Taylor is currently on trial in the Hague for directing horrifying atrocities in neighboring Sierra Leone, ranging from widespread and extreme sexual violence to drugging and forcing children into combat.

When treasury officials here finally moved to seize Bout’s assets and bar Americans from doing business with him in 2004, they concluded that he had received diamonds extracted from Sierra Leone in exchange for supplying arms to Taylor.

That year saw one of Austin’s boldest attempts to confront the trafficking of illicit goods, on an airport tarmac in the Democratic Republic of the Congo, at that time under its own arms embargo. A UN team Austin worked with uncovered piles of questionable registration records during a surprise inspection of two dozen planes, some of which fit Bout’s profile, as their Russian crews stood by, annoyed.

"I only told one or two high-ranking UN officials to get their permission, so we could be sure it didn’t get leaked out," Austin said. "None of the people involved in the actual inspection knew about it until that morning…. I’m still surprised it was so effective. I’m not sure it would work again."

International aviation rules require pilots to maintain several different types of documents, but the group found that 21 planes had invalid registration papers, two had false airworthiness certificates, and three had no insurance to speak of — telltale signs of smuggling. The group determined that weapons in the area were being exchanged for illegally mined columbite-tantalite, or coltan, a valuable mineral contained in some modern electronic devices such as cell phones.

The revelation led the UN Security Council to place Douglas Mpamo, a prominent alleged Bout manager in the region, on the DRC sanctions list, along with a pair of well-known Bout subsidiaries. With Austin’s help, another reputed top Bout lieutenant named Dimitri Popov made a similar security watch list in the United States.

Meanwhile lower-level bureaucrats in the US State and Treasury departments collected evidence on Bout for years, assisted by Austin, who occasionally met with them to relay information she had gathered on fact-finding missions. She testified to Congress about the proliferation of small arms, too, but after Sept. 11, the White House drifted away from a growing campaign to stop Bout.

"I don’t think the Bush administration should get any credit for the fact that Victor Bout was arrested," Austin said. "I think it has to do with the DEA being insulated from the policy influences of the administration. They kept the case so secret they were able to succeed. In the past, once it became an interagency issue or problem, bureaucratic inertia and turf wars entered in and always raised some obstacle to the actual pursuit of Bout."

Eventually, that bureaucratic inertia began to look like something far more shameful.

On April 26, 2005, several state and federal law enforcement agencies including the FBI, IRS, and Dallas Police Department, raided two homes and an office in Richardson, Texas, looking for evidence that Bout’s tentacles had reached the United States.

The properties belonged to a Syrian-born American citizen named Richard Chichakli, who had served in an aviation regiment of the US Army during the first Gulf War. After being discharged in 1993, Chichakli helped create a free trade zone in the United Arab Emirates.

That’s where Chichakli likely first met Bout. Chichakli later returned to the US and became licensed as an accountant and an expert in military contracting. Officials found records showing that the 49-year-old Chichakli had created American companies connected to Bout.

Also discovered during the raid were wire transfer statements showing hundreds of thousands of dollars at a time moving from Bout-connected companies in the UAE to Chichakli in Texas, and credit card invoices managed by Chichakli listing Bout’s lavish purchases at businesses serving the nouveau riche of Moscow.

The raids were the result of a July 2004 executive order signed by President Bush — who, facing pressure from the UN, authorized the raids and prohibited Americans from doing business with Bout due to his connections to Taylor in Liberia.

The White House’s action came years after Austin and other investigators compiled their own research on Bout’s role in arming African warlords. Thirty companies and four individuals were added to a blocking order as a result. Federal court records from the case include extensive references to UN reports on Bout, including some Austin worked on, like one citing witnesses who saw a Bout-connected plane transporting large volumes of arms and ammunition through a Congolese airport between February and May 2004. Something was finally being done, or so it seemed.

But Austin and her colleagues were furious to learn that the US Defense Department hired Bout’s vast air armada with taxpayer money nearly 200 times in 2004 alone to ferry supplies and construction materials into Baghdad after the start of the Iraq war.

Merchant of Death co-author Braun, a Los Angeles Times national correspondent, reported for the paper in December 2004 that two well-established Bout companies, Air Bas and Irbis, had contracted with the US Air Force and Army as well as private companies like FedEx and Kellogg Brown & Root, the much-maligned former Halliburton subsidiary. The State Department had circulated a list of Bout companies warning its officials not to use them, Braun wrote, but the Pentagon made no similar effort.

A fuel purchase agreement included in Chichakli’s court file shows that the Defense Department used Air Bas "for official government purposes" just nine days after Wisconsin Democratic Sen. Russ Feingold questioned top defense officials, including then–Deputy Secretary of Defense Paul Wolfowitz, about such contracts. But Wolfowitz didn’t acknowledge what he eventually characterized as the "inadvertent" use of Bout’s planes for Feingold until months later.

When Austin delved into the issue in 2005 with fellow Merchant of Death author Farah, a former West African bureau chief for the Washington Post, the pair obtained new information for an article in the New Republic showing that the US military also used Bout-controlled companies during a four-month period in 2005, long after the "inadvertent" contracting had first been publicized.

The discoveries were a major letdown for Austin. She’s discussing with some NGOs the possibility of suing the federal government for vioutf8g its own presidential executive order. But Austin knows that even if Bout lands in a US prison for life, there will be someone else to take his place. It’s already happening, she says. As dark as it sounds, Austin will never have to go without a job.

"I’ve seen so much of the same thing go on year after year," Austin said. "You just have to take it in stride and keep coming back punching and hitting. That’s just the nature of the beast, the nature of the work that I do. You just have to keep going."

High speed rail on track

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› steve@sfbg.com

It’s crunch time for high speed rail in California, a project 12 years in the planning that will finally go before voters in November, following a controversial July 9 vote in San Francisco on the system’s Bay Area alignment and ongoing political struggles in Sacramento.

As envisioned by project proponents, riders would be able to board the sleek blue-and-gold trains in San Francisco’s remodeled Transbay Terminal and travel at speeds of up to 220 mph down the Peninsula, cutting over Pacheco Pass into the Central Valley, and arriving at Union Station in Los Angeles two hours and 38 minutes later — or continuing on to Anaheim and arriving 20 minutes after that.

The $9.95 billion bond measure, Proposition 1, would cover about a third of the costs for this initial phase (the plan would eventually extend the tracks to run from Sacramento to San Diego), with the balance borne almost equally by the federal government and private investors. With around 100 million passenger trips per year, and LA-SF tickets projected to cost around $60, fiscal studies show the project will more than pay for itself in less than 20 years, then generate about $1 billion a year in profits.

Perhaps most important in these times of heightened environmental concern, the system is now proposed to run entirely on renewable energy sources and would use about onethird of the energy of air travel and one-fifth that of driving, eliminating 18 billion pounds of greenhouse gases from the atmosphere and reducing California’s oil dependence by 22 million barrels per year.

Yet there are still obstacles that could derail high speed rail, which was set in motion in 1996 by then–state senator Quentin Kopp, a San Franciscan and retired judge who chairs the California High Speed Rail Authority (CHSRA).

Critics of the CHSRA’s unanimous vote choosing Pacheco Pass over Altamont Pass are threatening to sue and now have about 30 days to do so. Union Pacific Railroad has complicated the right-of-way acquisition process by claiming it won’t allow the project on its property. And Gov. Arnold Schwarzenegger and his allies have been inconsistent in their support for the project (see "Silver bullet train," 04/17/07).

On top of that, legislation to update the six-year-old language of the bond measure, Assembly Bill 3034, appeared at Guardian press time to have fallen short of winning needed support on the Senate floor before the July 15 deadline set by Secretary of State Debra Bowen. And there was a renewed effort by Republican legislators to try to push the bond measure back to 2010.

Yet for all the challenges the project continues to face, the recent hearings in San Francisco demonstrated that there is a consensus emerging among some of the most powerful political players in the state that California is finally ready to catch up to Europe and Asia and start building the first high speed rail system in the United States.

CHSRA met in San Francisco July 8-9 to take public comment and finalize its last critical decision before the November bond measure — selecting the train’s route through the Bay Area and making the legal and environmental findings to support that decision. The stakes were high as the board weighed whether to select Pacheco Pass or Altamont Pass as the route from the Bay Area to Central Valley.

CHSRA staff and consultants, along with most Bay Area politicians and civic groups, favored Pacheco Pass, which is the faster and cheaper option, and one that doesn’t require a logistically difficult crossing of the San Francisco Bay to reach the Peninsula.

Most environmental groups favored Altamont Pass, which avoids ecologically sensitive Henry Coe State Park and areas where activists feared the rail line might induce urban sprawl or threaten agricultural viability. The conflict seemed intractable just a few months ago, with South Bay politicians threatening to oppose the project if it used Altamont and organizations, including the Sierra Club, threatening litigation if Pacheco was chosen.

But it appears that project proponents have allayed many of the environmentalists’ concerns by eliminating a proposed rail station in Los Banos or Avenal and including strong preservation policies in the project.

"We have worked with as many of these individuals as we could to accommodate their concerns," CHSRA executive director Mehdi Morshed said at the hearing, noting that they’ve done all they could to make changes and still have a sound project. "We can’t deal with the dogma. Some people say you must do this or else, and we can’t deal with that."

After years of studying the options, Morshed said the choice is clear.

"Pacheco is the appropriate corridor for fast intercity rail service," Morshed told the CHSRA board. "Somewhere along the line, we have to decide we’ve studied enough and move on, and this is one of those circumstances."

Most of the dozens of people who spoke at the hearing agreed, including Tim Frank, who represented the Sierra Club of California and praised CHSRA staff for addressing most of the group’s concerns.

"The opportunity to get people out of cars and out of airplanes and get them into steel wheels running on steel track is very important," Frank said, noting that the project was essential to meeting the state’s goals for reducing greenhouse gas emissions.

Yet others are still threatening litigation, among them Oakland attorney Stuart Flashman, who addressed the hearing on behalf of clients that include the Planning and Conservation League, the California Rail Foundation, and the Mountain Lion Foundation. He made a number of technical points about the project’s environmental impact reports, such as the use of alignment corridors rather than more specific routes.

"We find your report completely inadequate," Daniel McNamara, project director for the California Rail Foundation (a train users group), told CHSRA.

After the vote didn’t go his way, Flashman told the Guardian that the coalition he represents will meet soon to decide what’s next. They have 30 days from when the notice of decision was entered July 9 to sue unless the Attorney General’s Office waives the statute of limitations. "We’re going to be considering what to do now, but litigation is certainly on the table," Flashman said.

Whether filed by this group or another entity, the CHSRA has been working closely with Deputy Attorney General Christine Sproul to create a project that will withstand a legal challenge.

"We wanted to make sure that if and when there is a lawsuit — and there probably will be a lawsuit — that we are capable of defending it," Morshed told the board, noting how Sproul was brought in because of her expertise in environmental law.

Before the authority voted, Sproul explained that the environmental documents are for the overall program to build the project and are therefore not as detailed as the specific project studies that will be performed after CHSRA secures specific property to build on.

"Today, before you is really a broad policy choice," she said.

Sproul also said that the project is likely to proceed even if a lawsuit is filed, noting that getting an injunction to stop the project would require the litigants to secure a bond against losses to the state as it pursues this high-dollar project, "which could be millions."

But recent CHSRA actions have appeased many of the would-be plaintiffs and created a project that was effusively praised by stakeholders.

Mayor Gavin Newsom said San Francisco is "very supportive" of the project and will work to make it a reality. "We stand behind your efforts to bring high speed rail to the state of California," Newsom told CHSRA, later adding, "We need to connect the state to itself."

Newsom said San Francisco International Airport officials support the project. While it might seem to be a competitor, Newsom said high speed rail will take some of the pressure off SFO, which would otherwise experience congestion at problematic levels by 2020. Current plans call for a high speed rail station at SFO, as well as one near Palo Alto.

"We recognize that we need to have competitive modes of transportation," Newsom said. "Our airport is very supportive of this effort, and that’s very important."

Board of Supervisors president Aaron Peskin echoed the point, noting that he began his political career as an activist opposed to filling in more of the bay, something an airport expansion would probably require. He told the authority that his board has unanimously endorsed the project.

Jim Lazarus, vice president of the San Francisco Chamber of Commerce, also announced that group’s support for the project, telling the authority that Californians have long been ready for high speed rail: "I think the public is ahead of the politicians in Sacramento on this one."

Many of the speakers spoke knowledgably about high speed rail.

"I’ve ridden on the Japanese Shinkansen and I can’t wait to ride on the first high speed rail system in the United States," said Dean Chu, a commissioner with the Bay Area’s Metropolitan Transportation Commission.

"I’ve been building high speed rail systems for 15 years in Asia and Europe, and I just want to say, ‘It’s about time’," said Robert Doty, the rail operations manager for Caltrain, who has worked in Germany, England, Taiwan, and China.

Echoing that sentiment was Eugene K. Skoropowski, who also worked on high speed rail projects in Europe before taking his current job as managing director for the Capital Corridor Joint Powers Authority: "It’s about time we bring our American firms that have expertise (on building high speed rail systems) back home to work here."

Enthusiastic supporters of the project urged the authority the move quickly.

"We feel a great deal of urgency over this project," said Emily Rusch, a San Francisco–based advocate with the California Public Interest Research Group.

"Everyone I talk to is very excited about the idea," said San Francisco resident Mary Renner. "It’s embarrassing that we’re so far behind the rest of the world, and I just want to tell you the public is supportive of this project."

"Our priority is to get this thing built and get it built quickly," said Dave Snyder, transportation policy director for the San Francisco Planning and Urban Research Association. "Let’s get rolling on high speed rail."

The final step in getting high speed rail ready for the November ballot was to be AB 3034, which sought to update the language and financial oversight provisions of Prop. 1, whose language was written for the election of 2004 before changes in the project.

"I feel good and I’ll feel better when AB 3034 is in appropriate condition," Kopp said after the vote on the Bay Area alignment.

Kopp was critical of Sen. Leland Yee for amending the bill to guarantee the bond money went to the San Francisco to Anaheim section, something Yee said he did to protect San Francisco’s interests but that Kopp felt hurt the measure’s statewide chances. Yet that tiff was overshadowed by the bill’s apparent and unexpected failure in the Senate.

Sen. Mike Machado (D-Stockton) was unhappy with the Pacheco choice and decided to oppose the project, meaning that proponents needed three Republican votes to win the two-thirds needed for passage and only Sen. Abel Maldonado (R-Santa Maria) was willing to cross party lines, Capitol sources told the Guardian.

Secretary of State Debra Bowen had set a deadline of July 15 for substituting the new language in Prop. 1, so at Guardian press time it appeared the old language would remain in place, which Kopp said was acceptable and probably wouldn’t hurt the project.

Meanwhile, a project opponent, Roy Ashburn (R-Bakersfield), sought to kill Prop. 1 by doing what’s known as a "gut and amend" to an unrelated bill, SB 298 by Senate Minority Leader Dave Codgill (R-Modesto), in an attempt to push the bond measure back to 2010.

If he can find the two-thirds vote in both houses — which most sources consider unlikely — it would be the fourth time the bond measure has been delayed. So barring any unusual political deals, the high speed bond measure is still up in November.

If a majority of voters approve Prop. 1, the CHSRA would begin negotiating rights-of-way and working on final technical studies. Construction could begin as early as 2010, although completion could take up to 10 years.

In the meantime, CHSRA unanimously voted to work with regional rail agencies such as BART to create a rail system over Altamont. As Morshed said, "We need to immediately start working on the Altamont corridor and find a solution to that."

You’re going to myth me

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You don’t need to pick up all the subtleties of Berkeley-born Iranian American artist Ala Ebtekar’s work to appreciate the resonant beauty of, for instance, The Ascension II (2007), and its angelic, part-griffin, semi-human, quasi-Homa messenger drawn from Persian mythology, winging across reams of Farsi as assorted readers’ delicate notes intricately lace the printed manuscript. But it helps to know that the iconography of that winged messenger reaches back 5,000 years to a pre-Islamic Iran, was eventually appropriated in depictions of Ayatollah Khomeini, and that the angels with keys dangling from their necks, surrounding the wary mythical creature, refer to the child soldiers enlisted during the Iran-Iraq War (1980–88) to run across battlefields and detect land mines. "They’d give these kids these keys to heaven," explains Ebtekar at his Palo Alto studio near Stanford University, where he received his MFA. "It’s like, ‘Whoa!’ That’s a certain kind of mythology, but it’s tapping into something apocalyptic."

And you don’t need to know the specifics of aerospace design to appreciate the watercolor, acrylic, and ink jets tearing across script in The Breeze of Time (2002): they happen to be the exact ones used in the Iran-Iraq War. Ebtekar is aware that viewers bring their own connections to the work. "Yeah, I was doing this stuff before 9/11, in school, on book pages, and then 9/11 happened and I stopped. I thought, there’s no way I can do this," he recalls. Much of his work tied in directly with the Iran-Iraq War, a part of his own personal mythology, and the reason his activist Iranian parents remained in the States. "I was very much tapped into those older stories and histories. But then they announced the [Iraq] war, and I thought, actually, if there’s any time to do it, it’s more important to do it now than not."

The urgency of the present continues to call to Ebtekar, who draws from his studies in Iran of the refined art of Persian miniature painting and the less-known, more visceral field of coffeehouse painting for his works, which range from the aforementioned pieces that play off rich layers of text and imagery — and Iranian poetry and history — to large-scale graphite drawings that superimpose the outlines of Iranian wrestlers — current street-level mythological heroes — with hip-hop figures culled from Ebtekar’s music-obsessed youth, one spent DJing at parties and interning as a hip-hop DJ at KALX 90.7 FM.

As we listen to classic tracks by his mother’s pop idol, Iranian diva Googoosh, and scope out images of strongmen striking poses in a zurkhaneh (house of strength), juxtaposed with aerodynamic break-dancers in his studio — aptly situated over a downtown Palo Alto coffeehouse and crammed with art supplies, books, cassettes, vinyl, and a Tehrangeles T-shirt Ebtekar made for the 2006 California Biennial — it’s clear the artist’s pop interests still find a way to light: witness the 2004 Intersection for the Arts show that saw Ebtekar pairing a white-washed Iranian coffeehouse installation with shoes sporting fat laces fashioned from ornate Persian textile. "Bay Area Now 5" will find him combining his two approaches with a piece that layers ancient and modern-day warriors in a ghostly epic that looks backward and forward — a gesture familiar to Ebtekar, who rolls his eyes over John McCain’s comment on recent cigarette exports to Iran — "Maybe that’s a way of killing them" — and is currently teaching art at UC Berkeley in preparation for his dream. By 2011, he wants to start an art foundation and school in Iran.

After the US presidential election, Ebtekar hopes he can make it happen. First, he says, "there needs to be more diplomacy. In Iran, there’s this thing about nostalgia. You had such a great empire in the past — how do you move forward?" As a Bay Area 18-year-old who fell in love with Iran when he studied art there in 1997, he’ll be able to synthesize the past and future, bringing his ancestral mythology back to the old country in new forms. "It’s like having these multiple identities and being able to tap into this side of you and that side of you," Ebtekar explains. "They’re not clashing, you know what I mean. They’re rocking it full force."

Campaign pain?

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› a&eletters@sfbg.com

November’s presidential election already looms on the horizon like a herpes outbreak, promising nothing so much as a painful, shame-filled denouement to a drunken and ill-conceived flirtation with someone you thought you knew. So it’s refreshing that the San Francisco Mime Troupe’s seasonal offering of free, rabble-rousing political theater is an election-year special in which the opposing candidates from the two monopolizing parties are conspicuously absent. Instead, Red State, which opened by tradition July 4 in Dolores Park, focuses on the screwed-if-you-do/screwed-if-you-don’t quandary of voting itself, and does so with populist gusto tinged with a reddish hue — a thematic color imbuing everything from the design scheme to the pointedly funny dialogue’s New Deal–style social-democratic slant. It also reflects the rising blood pressure that results from underlying but palpable frustration and outrage.

Reclaiming red from the dusty color wheel of history, Mime Troupe head writer Michael Gene Sullivan’s smart and consistently funny script — brilliantly delivered by a uniformly sharp and charismatic cast and fueled by composer–band leader Pat Moran’s eclectic set of apt and catchy songs — posits FDR’s small-town America as marooned at Francis Fukuyama’s end of history. Set in a puny Kansas ‘burb named Bluebird, Red State casts November’s "Countdown to Armageddon" (as the play’s CNN reporter colorfully advertises his network’s election coverage) in the screwball style of Depression-era comedies as Bluebird becomes the unlikely tiebreaker in an electoral dead heat.

Suddenly the nation’s eyes are riveted on an otherwise microscopic microcosm of average American life at the beginning of the 21st century. This focus on the lives of the town’s humble and much abused citizens throws everyone for a loop, not least the government’s smarmy and ambitious election official (Velina Brown), who is so obsessed with thoughts of a cush Washington, DC-based promotion that she has difficulty remembering which state she’s even in.

For its part, Bluebird feels like a town under siege, but just who the enemy is remains initially hard for the inhabitants to fathom, or agree on, anyway. Is it the wrath of God? The communists? It all depends on whom you ask among the locals, a population whose representative eccentrics include a God-fearing, Jesus-toting fundamentalist (Noah James Butler, bearing cross and life-size Christ) and a rabid (and equally anachronistic) anticommunist named Eugene (Robert Ernst).

What is clear enough is that jobs have dried up (the local pencil factory — the onetime pride of the town, which liked to promote itself as "the Number 2 pencil capital of North Central Kansas" — just relocated to the cheap labor environs of Uzbekistan), public services have dwindled to nil, and the dilapidated sidewalks and roads are a physical menace (nearly undoing a local soldier, played by Adrian C. Mejia, who’s just returned in one piece from Afghanistan).

If that wasn’t enough, the town’s only electronic voting machine is on the fritz. But this little debacle, in the context of an electoral tie, ends up being an opportunity that gets the town thinking and the earth trembling beneath Washington, DC. Deciding to withhold their votes until the proper share of their tax dollars gets re-diverted back to their community where it belongs, and away from endless war-making and corporate welfare, Bluebird manages (in the most unlikely but coruscating of Capra-esque scenarios) to hold a corrupt and hubristic system at bay, spotlighting the government–big business alliance that for decades has fleeced towns like Bluebird of their taxes, able-bodied military-age youth, and everything else not nailed down. Or so to speak: before the town turns the tables on the system, even Bluebird’s fundamentalist is driven in desperation to ask the Antiques Roadshow host, "How much for Jeezus?"

RED STATE

Through Sept 28, free

Various Northern California locations

Visit www.sfmt.org for schedule

Editor’s Notes

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› tredmond@sfbg.com

Back in 2001, San Francisco came within 500 votes of approving a public power system in an election marred by lingering evidence of fraud. Ballot boxes were removed from the Department of Elections (under a bizarre, never-documented threat of anthrax poisoning) and box tops were later found floating in the bay. I still think we actually won that election. And it’s hard to see how we could have done it without organized labor.

The Central Labor Council backed public power. Service Employees International Union Local 790 poured resources into it. The labor-environmental coalition that came together around building a city-run system that would rely on clean energy was unprecedented.

Pacific Gas and Electric Co. knows this. That’s why the company is trying mightily to keep labor from backing this year’s Clean Energy Act. And at the center of that battle is Mayor Gavin Newsom’s chief political consultant and close advisor, Eric Jaye.

The Clean Energy Act, as we point out on page 5, would give the city control of its energy future and put San Francisco at the forefront of national efforts to reduce carbon emissions. It also opens the door to public power — and Jaye has been hired by PG&E to try to keep the supervisors from putting it on the ballot, and to defeat it if they do.

He has a powerful weapon to use: labor’s determination to pass a giant bond act to rebuild San Francisco General Hospital.

A billion-dollar bond act is a tough sell, and harder still during a recession. Labor is also making a big push for progressive supervisorial candidates in Districts 1, 3, and 11. And the labor council director, Tim Paulson, tells me that he really wants to keep the city’s disparate and sometimes fractious labor unions united around those goals.

The International Brotherhood of Electrical Workers, PG&E’s union, will oppose any public power measure, any time, no matter what it says, and IBEW walked out of the labor council in 2001 over the issue. Now Jaye is telling labor people that the Clean Energy Act (and other issues that are "crowding" the ballot) may undermine public support for the hospital bond. "I have an early poll showing that these other measures have a negative impact on the hospital," Jaye told me. "I have been pointing to that fact and asking if we really need to do [the Clean Energy Act] this year."

John Whitehurst, who is running the SF General bond campaign, says his polls show that there was no correlation between an affordable housing set-aside measure and the hospital bonds, and presumably the same is true of the Clean Energy Act. On the other hand, he says, "if Jaye runs a campaign that says ‘Gee, the city can’t do anything right,’ it could create problems for the hospital measure."

Would Eric Jaye threaten the SF General bonds (which his client, Gavin Newsom, strongly backs) to keep labor from backing public power? He insisted to me that he would never do that, and that he and the mayor fully back the bonds. But PG&E, I think, cares nothing about the hospital — or the city — and will do whatever it can to scuttle this measure.

So will labor be intimidated by the threat of divisiveness (from the IBEW) and the political scare tactics from PG&E — or will labor leaders tell the mayor to knock it off?

Hunter, haunted

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› cheryl@sfbg.com

"When the legend becomes fact, print the legend," says the reporter in John Ford’s The Man Who Shot Liberty Valance (1962), a film about the importance of living up to one’s image, even when that image is predicated more on fiction than fact. It’s a burden either way, and the dilemma is echoed in Gonzo: The Life and Work of Dr. Hunter S. Thompson, a lively new documentary by Alex Gibney, who directed 2005’s Enron: The Smartest Guys in the Room and picked up an Oscar this year for Taxi to the Dark Side.

Gonzo focuses on Thompson’s most fruitful professional period — 1965 to 1975, a decade that saw the New Journalism proponent (who committed suicide in 2005) write Hell’s Angels, Fear and Loathing in Las Vegas, and Fear and Loathing on the Campaign Trail ’72. During that time, he also launched an ill-fated campaign for sheriff of Pitkin County, Colo., and shaped his public persona into that of a gun-toting, drug-crazed, booze-soaked, authority-bashing champion of outsiders, capable of churning out pages of brilliant and utterly unique prose, always written in first person and most often written while under the influence.

Speaking over the phone from New York City, Gibney reflected that he was drawn to his latest subject largely because of that persona. "He was a guy who didn’t play by the rules, and it seems like we need a guy like that around now, when the rules are being used against us by people in power," the director said. "Also, he seemed like a fun character to do, this larger-than-life character that — for at least for a brief period of time — became this outlaw that we all wanted to live by."

Gonzo taps quite a bit of home-movie footage, photos, and audiotapes to flesh out Thompson beyond his words (read by Johnny Depp, who bonded with the author while prepping for the 1998 Fear and Loathing movie). A diverse array of contemporary interviews (Rolling Stone‘s Jann Wenner, Hell’s Angel Sonny Barger, both of Thompson’s wives, Pat Buchanan, illustrator Ralph Steadman, George McGovern, and Jimmys Buffet and Carter) bears out the wide range of Thompson’s influence. According to Gibney, the only interview he would have liked to have gotten but didn’t was with Doonesbury cartoonist Garry Trudeau, who would only speak off the record.

"My first day on the job was to go out to [Thompson’s funeral] — the one Johnny Depp paid for — and hang out, try to get a bunch of people to talk, and then shoot the funeral itself. I shot the funeral, but nobody much wanted to talk to me," Gibney recalled. "But once I let everyone know I was doing this film and that it was really gonna focus on his work, that opened people up, and inevitably they started talking about Hunter the character as well."

The funeral, briefly shown in Gonzo, is a surprisingly tasteful spectacle involving taiko drums, a giant cannon, and glimpses of famous friends (John Kerry, Bill Murray). The film doesn’t spend much time on Thompson’s suicide, though in its first scene it speculates how the writer might have lost his trademark edge. In Gibney’s eyes, Thompson’s Dr. Gonzo alter ego was the reason for both his success and his ultimate downfall.

"Initially [his persona] just grew out of a natural journalistic instinct to supply your own perceptions, to put yourself in the story, to be the lens through which viewers would see whatever you were covering," Gibney said. "But over time it became [less of a] lens [and more of a] bubble in which he got trapped. So I think that was the trick. Sometimes this mythical character he created just kind of took over. As he remarks in the film, ‘Sometimes I don’t know who to be, whether to be Duke or Hunter.’<0x2009>"

Duality also manifested itself in Thompson’s private personality, which Gibney was surprised to discover as being "almost bipolar."

"Hunter’s mood swings kind of represented his ability to see the kind of schisms or splits in the American character," he said. "I knew he was always a very perceptive writer about the American character, but I think maybe he was so perceptive because he — more than a lot of people — is like America. Sort of the best and the worst. I didn’t really understand till I started the film just how many-sided he was."

Visually dynamic and entertaining for Thompson devotees as well as those who only know him from Depp’s portrayal in Fear and Loathing, Gonzo is nonetheless tinged with the melancholy that eventually tempered Thompson’s considerable lust for life. Blame health problems, professional frustrations, the re-election of George W. Bush, or more existential concerns — Thompson’s quest for the American Dream, documented in Fear and Loathing and elsewhere, was never really satisfied. Instead, Gibney speculated, "I think he ended up finding how elusive it is, and how much-desired it is — but how rare it is to ever find it. And that’s what he found in Vegas, I think: what a perfect vehicle for the death of the American dream, this place where you go hoping to fulfill that rags to riches dream, yet in some fundamental way knowing that the house always wins."

GONZO: THE LIFE AND WORK OF DR. HUNTER S. THOMPSON

Opens Fri/4 in Bay Area theaters

www.magpictures.com

Save SF’s campaign finance program

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OPINION In 2000, San Francisco voters approved a system of public financing of campaigns for the Board of Supervisors, which in 2006 was expanded to the mayoral race. By eliminating the need for candidates to raise large amounts of private money, the program has been extremely successful at helping sever the link between big money and political decisions. But now this flagship program is threatened: Mayor Gavin Newsom is proposing to raid several million dollars from the public campaign fund.

Last September the mayor put forth a plan to take $6 million from the fund and give it to one of his pet programs: SF Promise. The cost of this program was only $525,000 the first year, begging the question of why the mayor was grabbing $6 million from the fund. Of course, Newsom had actively opposed public financing for the mayoral race, so it’s possible he wanted to defund the program. Supervisor Aaron Peskin wisely introduced legislation to fund SF Promise from the city’s reserve funds, thereby warding off the raid.

Now another proposal has surfaced to remove $5 million from the fund. According to Ethics Commission spending projections, removing $5 million will create a $1.7 million to $4.3 million shortfall for the next mayoral race in 2011 — and that’s just to meet minimum baseline funding.

The justification for this plan is that the city is facing a budget crunch and needs these funds. The mayor promises, promises, promises to return the funds later — but the only way to legally secure those funds is through a charter amendment, which the Mayor’s Office has declined to support.

This latest rationale rings hollow, and we only have to look across the bay to see why. Earlier in the decade, Oakland adopted public campaign funding, and after it was used in one election cycle, Oakland was hit with a budget deficit. The City Council decided to dip into the public financing funds in the gap. They promised, promised, promised that they would restore the funding once the deficit problems were resolved. Yet to this day Oakland still does not have public financing of campaigns — because, while it’s still the law, there’s simply no money in the fund.

Meanwhile, in San Francisco, members of the Budget Committee seem to be prepared to vote in favor of this dangerous proposal as early as July 3. While Supervisors Ross Mirkarimi and Chris Daly have wisely expressed opposition, Supervisor Jake McGoldrick, who has been a public financing supporter in the past, has so far expressed support for the cut. McGoldrick could end up being the swing vote, joining with public financing opponent Sup. Sean Elsbernd and mayoral ally Sup. Carmen Chu to support this legislation.

Dipping into the public financing fund for any reason sets a terrible precedent and undermines the integrity of this valuable program. Just as politicians should not draw their own district lines because of a conflict of interest, they should not undermine previously established campaign finance laws.

Rob Arnow and Steven Hill

Rob Arnow and Steven Hill have been the architects of public financing for mayoral and Board of Supervisors elections. Steven Hill also is director of the Political Reform Program at the New America Foundation. Contact them at info@voterownedelections.org.

 

Peskin for DCCC chair

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EDITORIAL The San Francisco Democratic County Central Committee was the sleeper election in June: The Mark Leno–Carole Migden–Joe Nation contest for state Senate got a lot of attention, and the Bayview–Hunters Point redevelopment project got a huge amount of money, but only a small percentage of the voters got to the bottom of the ticket and chose the 24 people who will set policy for the local Democratic Party for the next two years. But a progressive slate won a significant number of seats. Now the DCCC has become a heated political battleground, with two candidates vying to become party chair.

The incumbent, Scott Wiener, leans toward the more moderate wing of the party, although he’s taken progressive stands on some issues. The challenger, Sup. Aaron Peskin, has the strong backing of many progressives.

The race has gotten a bit nasty: Sup. Chris Daly, a Peskin supporter, has sent out e-mail threatening the political future of committee members who don’t vote the right way. Both sides are lobbying furiously, with Leno helping Wiener and progressive leaders pushing Peskin. Right now it’s too close to call the election, which takes place later this month.

We’re not happy with the level of animosity here. We recognize that this isn’t the presidency of the United States, and that, thanks to the influence of the reform slate, the DCCC chair is no longer as powerful a position as it was in the days when the late Phil Burton and former Mayor Willie Brown controlled the party with an iron hand. And with the committee this closely split, neither candidate will be able to run an effective party operation this fall without working with both sides. So this shouldn’t be a political bloodbath.

We also recognize that neither candidate is perfect. We’ve disagreed with Peskin on a number of key issues, including Home Depot, and frankly, it’s not ideal to have the president of the Board of Supervisors also running the local Democratic Party.

But like any political contest, this ought to be decided on the issues — and on the future of the San Francisco Democratic Party. And Peskin is the clear choice.

If the DCCC did nothing but raise money, register voters, and push Democratic candidates, this wouldn’t be such an important fight. Weiner has done a perfectly fine job of keeping the party well funded and, under his tenure, 15,000 new Democratic voters have joined the ranks. But the party also endorses candidates and takes stands on ballot measures, and in close races — as some of the key battles will be this fall — the party’s support (which includes party money) can be significant.

And while the chair has only one vote, and can’t decide endorsements unilaterally, the person who runs the local party has a fair amount of influence over how money will be spent and how DCCC slate cards are managed; if the job didn’t matter, these two people (and their powerful allies) wouldn’t be fighting over it.

Peskin is on the right side of all the key fall contests. He’s backing progressive candidates for supervisor in the swing districts (John Avalos in District 11, Eric Mar in District 1, and David Chiu in District 3). He supports the housing justice initiative, is the cosponsor of the public power charter amendment, and the sponsor of two progressive tax measures. Wiener supports Ahsha Safai, the candidate of downtown and Mayor Gavin Newsom, in District 11. He hasn’t taken a position on public power, and told us he has "significant concerns" about the cost of the affordable housing measure, although he supports both of Peskin’s revenue proposals.

Wiener has been a reasonable and fair person as chair. But the issues matter. And if the San Francisco party is going to become a center for progressive activism, if the DCCC is going to be willing to challenge the state and national party and its leaders when necessary, take in the mayor when he’s wrong, and push the party to the left, putting a more activist progressive in the top slot is crucial.

It’s still possible a third candidate could come along. But for now the choices are Peskin and Wiener, and we urge progressives on the panel to support Aaron Peskin.

PS: As Amanda Witherell reports on page 14, PG&E is madly, desperately fighting to keep public power off the November ballot and is using every misleading figure and dirty trick possible. So the DCCC chair has to be willing to stand up to PG&E without hesitation or doubt.

Friday Special: Feds cough up $2.8 million over anthrax

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anthrax.jpg
Anthrax: the bacteria that wormed its way into the consciousness of an entire nation, thanks to who?

I like to cruise the news on Fridays in search of breaking stories that someone hopes will be buried by the weekend and forgotten by Monday.

I bet the feds are hoping that Steven Hatfill will be one such case.

That’s because they have just agreed to pay the former bioweapons researcher $2.825 million and a $150,000 annuity.

Hatfill, who lost his job, but was never charged, sued the Justice Department in 2003 for violating his privacy , after he was designated a “person of interest” following the deadly anthrax attacks in October 2001.

Five people were killed, 17 became seriously ill–and an entire nation was traumatized, on top of the already traumatizing 9/11 attacks.

Two post office workers died in Washington. An employee of American Media died in Florida; an elderly woman died in Oxford, Connecticut, as did a hospital worker in New York.

At least 24 FBI agents undertook 900 interviews, but no one was ever charged.

It sounds ridiculous in retrospect, but at the news organization where I was working at the time, we were instructed to open the mail wearing gloves and mask, after anthrax-laced letters were sent to the offices of U.S. Sens. Tom Daschle of South Dakota and Patrick Veahy of Vermont and a TV news network.

I also remember local law enforcement turning out in full force, after white powder was found on the street outside my office. It turned out to be flour, scattered in a beer run, in which someone had gone jogging, marking the path from bar to bar with flour.

Asked if the perpetrators could be prosecuted, a local fireman told me , “Well, you could stretch it out to littering.”

Wish that we could prosecute whoever was responsible for littering an entire nation’s psyche with fear of anthrax.

But with the feds declaring the case “stone cold,” feel free to share your “anthrax memories” here, lest we forget how thoroughly terrorized we all were–and lest we ignore, at our own peril, how some will seek to reactivate those fears as the November election approaches.

MUD money

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Originally published October 10, 2001 A San Francisco public power agency could buy out Pacific Gas and Electric Co., cut residential electricity rates by 20 percent, dramatically reduce the city’s reliance on fossil fuels – and still operate with a $18 million annual surplus, a Bay Guardian analysis shows. Our study’s figures directly contradict the argument that’s at the heart of PG&E’s campaign against public power: they show that a municipal electrical system can be bought and run at no cost to the taxpayers – with plenty of money left over. Our figures are all taken from public sources and are consistent with the financial reports of other major public power agencies in the state. In fact, if anything, our figures are conservative; the real benefits are almost certainly higher. The financial issues are essentially the same for a municipal utility district and for a city power agency, so our figures would apply to either the MUD, which would be created under Measure I, or the Water and Power Agency, which would be created under Proposition F. Calcuutf8g the financial feasibility of a municipal utility district or city power agency in detail is a complex process. Consultants typically charge upward of $1 million for detailed feasibility studies that use all sorts of models and assumptions to come up with the sorts of figures you can take to the bank (or to Wall Street to sell bonds). So our analysis isn’t anywhere near as detailed as what the MUD or the WPA will eventually have to produce. But we’ve covered all of the major revenues and costs; if we’re missing anything, it won’t radically change the bottom line. And it’s safe to say that we haven’t over<\h>estimated the financial viability of public power. The questions on the minds of most voters this fall are relatively simple: Can public power pay for itself? Will the MUD or the Water and Power Agency be a financial success? And our research shows that the answer is a resounding yes. We’ve run through two scenarios, a worst-case scenario and a best-case scenario. In each case, we’ve found, a San Francisco public power agency is more than financially viable. Our study is the rough equivalent of what a MUD’s or WPA’s annual energy report to the public would look like once the agency was up and running. In fact, we’ve pretty much followed the model of the Sacramento Municipal Utility District (SMUD) and the Los Angeles Department of Water and Power (LADWP), and we’ve relied on those two agencies’ figures to estimate some of what the city’s comparable costs would be. We’ve discussed our study with Ed Smeloff, the city’s top energy expert, and while he couldn’t verify our conclusions (since he hasn’t run the numbers himself), he said that there were no major costs that we had ignored. The results are summarized in the two accompanying charts. Where’s the money? Based on how other MUDs have been set up, the process in San Francisco would look something like this: The elected MUD (or WPA) directors would commission a detailed feasibility study outlining the financial future of the agency. Then they would begin negotiations with PG&E to buy the company’s local transmission and distribution system. If PG&E wouldn’t sell, the MUD or WPA would seize the system through the power of eminent domain. The agency would then issue revenue bonds to cover the cost of the acquisition and start-up, hire a staff, and go into the retail power business. Sales of electricity would bring in revenue that would cover operating costs and pay off the revenue bonds; any money left over at the end could be turned back to the city’s General Fund, used to reduce rates, or used for conservation and environmental projects. So the first step in analyzing the finances of a MUD is to figure out how much revenue would be available each year. That’s a relatively simple calculation. According to the California Energy Commission, PG&E currently sells about 5.4 billion kilowatt-<\h>hours of electricity to customers in San Francisco. (This figure doesn’t include energy used by the city government, since government agencies use power from the city’s Hetch Hetchy dam.) Residential, commercial, and industrial customers all pay different rates. If a MUD sold power at current PG&E rates (as provided to us by PG&E spokesperson Ron Low), it would bring in $562 million in revenue (enough to create a big annual surplus – roughly $36 million.) But a MUD or power agency almost certainly wouldn’t sell power at PG&E’s high rates – one major attraction of public power is that it offers cheaper electricity. So in both of our scenarios, we assumed that the rates would be at least 10 percent below PG&E’s rates. In fact, as our study shows, rates could drop as much as 20 percent without harming the MUD or WPA’s viability. What’s it cost? There are three basic categories of costs that the agency would have to cover. The first is payments on the bonds, the second is generating or buying power, and the third is basic operations and maintenance (paying the staff to keep the system up and running, to send out bills, to read meters, as well as operating the repair trucks, etc.). Electricity can’t just be delivered to the doorsteps of customers like canned ham in a UPS box. It has to be distributed through a network of transformers, substations, wires, and poles and measured with individual meters. And until the public power agency owns that distribution network, it can’t sell a single kilowatt. Unfortunately, the system that’s now in place in San Francisco is owned by PG&E – and almost everyone involved agrees that it would be cheaper, easier, and quicker for the city to take over that system than to build a new one from scratch. That’s what SMUD did and what most other public agencies that have gotten into the power business in the past half century have done. A MUD or a city power agency would have the right to seize PG&E’s property by eminent domain. But PG&E would be entitled under law to fair compensation for the taking of its property, and one of the most complex, bitter – and crucial – issues involved in establishing public power will be the price tag. “This is not an easy case at all,” Richard Epstein, a professor of law at the University of Chicago and a national expert on eminent domain, told us. “I can guarantee you that nobody, but nobody, has any idea right now what fair compensation would be.” The issue will almost certainly be settled in court. PG&E insists that its San Francisco property is worth a small fortune – as much as $1.4 billion. In a 1996 study the Economic and Technical Analysis Group suggested that the price could be anywhere from $315 million to $1.2 billion. The ETAG study, which was highly favorable to PG&E, suggested that the most likely figure was around $795 million. The reason those figures are so widely divergent is that there are numerous ways of evaluating what a utility’s property is worth. The simplest is to establish what PG&E originally paid for the property, then factor in depreciation. That’s how insurance companies decide what they have to pay you if your car is stolen. The process generally leads to a low figure favorable to the city. But courts have recently been somewhat more friendly to an analysis that recognizes that utility property is more valuable than, say, a private car, because the utility property produces income. One way to address that is by valuing the property at its replacement cost and factoring in the value of a “going concern” – which, of course, leads to a much higher price. Real market value But there’s another way to look at the issue, and that involves going to the state agency that appraises the actual market value of PG&E’s property for tax purposes: the Board of Equalization. Every year the board’s appraisers evaluate exactly what PG&E’s property is worth – and the agency’s record is pretty good. When California’s private utilities sold 22 power plants under deregulation, the board checked its appraisals against actual market prices, and while sale prices for some plants varied from estimates, the board was accurate to within 1 percent overall, chief appraiser Harold Hale told us. The Board of Equalization estimated that as of January 2001, all of PG&E’s property in San Francisco was worth $962,140,298. That includes property that isn’t at all relevant to running an electric utility. The value of the property actually used in the electricity business, the board says, is $753,978,471. But that figure includes PG&E’s huge 77 Beale St. headquarters office complex, which the city almost certainly wouldn’t want or need to buy in an eminent domain action. If you subtract 77 Beale St. (which one real estate expert we contacted said was worth about $225 million as of Jan. 1), then the value of the property the city might actually buy is about $528 million. It may be even less than that: the real estate market has fallen almost 15 percent since Jan. 1, according to our expert, a senior executive at one of the city’s biggest firms, who asked not to be identified by name. However, to be conservative, we’re sticking with the Jan. 1 figure. Epstein, who has worked as a consultant fighting municipalization efforts and thus isn’t inclined to be biased in favor of a public buyout, agreed that using the Board of Equalization figures is “certainly a good place to start.” There’s no guarantee that the courts will accept this approach (although, with PG&E in bankruptcy court right now, it’s also entirely possible, experts say, that PG&E might be forced to accept a much lower value for its property and sell it without a fight, in order to pay off some creditors with cash). So we also analyzed a worst-case scenario, essentially accepting the figures of ETAG’s much maligned report and assuming that, under a replacement cost-<\d>plus-<\d>”going concern” analysis, the city would have to spend $795 million to take over the system. (Even ETAG concluded that it’s unlikely the final price would be as high as PG&E’s estimate; nobody whose property is up for seizure starts off by quoting a realistic price.) No matter what the price, the bond sale will have to include some money for contingencies – the actual cost of the bond sale, start-up cash, etc. We’ve added $50 million for those costs. Paying the staff, buying power PG&E doesn’t publicly reveal its operating costs for San Francisco (or any other specific service area). And it’s difficult to use the company’s system-<\h>wide operating costs as a basis for estimating San Francisco costs, since the population of San Francisco is so much denser than in most of the company’s northern California territory. The denser the population, the cheaper it is to serve; the distance between customers is smaller, so you need less transmission line per customer. Reading meters is faster, since the employee doing that work doesn’t have to drive long distances between each house. Repairs and maintenance are cheaper for the same reason. And PG&E’s costs aren’t a fair comparison for a public power agency anyway: PG&E pays huge executive salaries (see “Public Power vs. PG&E,” page 24), which are included in the operations overhead. So we based our cost estimate on LADWP, which is about as close a comparison to San Francisco as we could find. Los Angeles is not quite as dense as San Francisco, so the L.A. figures are almost certainly higher than what San Francisco would pay, but they provide a reasonable, if conservative, estimate. LADWP’s cost per customer is $383; multiplied by the number of customers in San Francisco, that cost is $131 million a year. Then there’s the question of generating or buying the electricity. Here San Francisco has a huge advantage over other public power agencies: The city owns a large hydro<\h>electric dam that can generate enough to cover some of the local power needs – and it’s already paid for. Power from the Hetch Hetchy dam is cheap: the cost of operating the system is only about 2¢ a kilowatt-<\h>hour. Unfortunately, the city also has to pay PG&E to ship the power over its lines to the city borders, since the city has no complete transmission line to carry the power here; San Francisco pays PG&E $9.6 million a year in what’s known as “wheeling fees.” San Francisco currently sells most of the available Hetch Hetchy power to the Turlock and Modesto Irrigation Districts. Our analysis assumes that those contracts will be broken and that much of the power – 425 million kilowatt-<\h>hours’ worth – will be available to the MUD or WPA. The city also has a very expensive contract with Calpine to provide backup energy when water is low at the dam. The wheeling fees and Calpine deal boost the actual cost of Hetch Hetchy power to about 4¢ a kilowatt-hour. But the Calpine deal ends in five years, at which point Hetch Hetchy power will be far less expensive – and the MUD’s costs will go down. Green power Our analysis is based on the assumption that San Francisco will move as rapidly as possible to reduce its reliance on fossil fuels (see “Green City,” 9/26/01). Not all of the alternative-<\h>energy sources that should ultimately be part of the city’s mix are likely to be online when the MUD starts operating, so we’ve again been conservative, assuming in our worst-case scenario only a modest amount of solar power to supplement Hetch Hetchy power. In our best-case scenario we assume that the city will be able to develop 200 megawatts of solar and wind power – five times as much as projected in the solar bond measure, Proposition B, and enough to power 200,000 homes. The cost of solar and wind is easy to determine: it’s the cost of the interest on the bonds needed to buy and install the windmills and panels. Once they’re up and running, they cost very little to operate – and the fuel, of course, is free. Based on the San Francisco Public Utilities Commission staff’s analysis of Prop. B), 40 megawatts of solar, wind, and efficiency programs – the equivalent of 98 million annual kilowatt-<\h>hours – will cost about $7.5 million a year. Our ambitious plan – for five times that much solar and wind power- would cost $38 million a year. (Again, the actual costs will probably be lower; once a big agency orders a large amount of solar- or wind-<\h>generating facilities, the price goes down substantially.) The rest of the power the city needs will have to be bought on the open market. Because the market is so volatile, it’s hard to say exactly what that cost would be. But futures contracts for power are listed on the New York Mercantile Exchange Web site, and they’re currently running at less than 4¢ a kilowatt-hour. That price is expected to decline in the future. Again, we’ve stuck to conservative numbers, assuming the MUD or WPA would have to pay 6.9¢ a kilowatt-<\h>hour for power generated locally, by Mirant Corp.’s Potrero Hill power plant (one energy expert told us that Mirant is unlikely to accept less than the 6.9¢ the state is now paying for power), and 5.5¢ a kilowatt-<\h>hour for power bought from out-of-town sources. We assumed that the Potrero plant would operate at its capacity. The power the city would import can’t exceed the amount that can be carried along the one transmission line leading into San Francisco, and our projection meets that criterion. PG&E pays a substantial amount of taxes to the city, and almost all of the San Francisco-<\d>Brisbane MUD Board candidates have pledged to make sure that, at the very least, the city’s General Fund doesn’t lose any money if the private utility is replaced with a public agency. So part of the MUD’s expense would be the payment of a fee to replace what PG&E paid in taxes. The utility pays three major taxes: property taxes, a franchise fee, and business taxes. Based on the Board of Equalization’s assessed value for PG&E ($962 million) and the city’s property tax rate, PG&E’s property taxes are about $1 million. The franchise fee – 1.5 percent of sales – adds another $8.4 million. It’s impossible to say how much PG&E pays San Francisco in business taxes, since that figure is not public, but even at several million dollars a year, it wouldn’t significantly change our bottom line. Unanswered questions There are plenty of questions our analysis doesn’t – and can’t – answer, factors that are impossible at this point to predict with any accuracy. PG&E customers, for example, have to pay a substantial surcharge on their electric bills for what’s known as the CTC, or competitive transition charge. In essence, that’s the money ratepayers have been forced to cough up to cover the cost of PG&E’s bad investments in nuclear power. It’s possible that a San Francisco power agency would have to include some of those charges in its bills – but according to Mindy Spatt, media director at TURN, it’s unlikely. The CTC is expected to end next year and probably wouldn’t be a factor by the time the MUD or WPA was up and running. It’s also unclear whether the MUD or WPA would have to pay a share of the costs of the expensive long-term power contracts that the state Department of Water Resources has signed to buy power for the bankrupt PG&E. There would almost certainly be some substantial legal fees, possibly in the millions of dollars, that would reduce the surplus during the first few years (but not once the eminent domain issues were settled). Most of the MUD candidates have voted to shut down PG&E’s Hunters Point plant, and it’s unclear how much it will cost to decommission that facility. The MUD or WPA could also buy the Potrero plant (it recently sold for $330 million) and pay less for the power generated there. And, of course, it’s uncertain how much electricity will cost on the open market in the next few years. That’s why the MUD or WPA would probably want to move aggressively to increase its own generating capacity. But if power prices go up, one thing is clear: PG&E’s prices will go up higher, and faster, than the prices of a public power agency. Voters won’t have to take our word alone on the subject. The public will have more information on San Francisco’s energy plans in the coming weeks. The county’s Local Agency Formation Commission is planning to bring in experts on public power and energy for hearings, and Smeloff is hiring Amory Lovins’s Rocky Mountain Institute to assess the city’s energy alternatives. Both reports are expected before the Nov. 6 election. Our analysis isn’t that radical or unusual; it just confirms the experience of every other major public power agency in the state. We’ve found what just about everyone who’s gotten out from under the private utilities already knows: public power is cheaper. It’s that simple. Public power in San Francisco: Best-case scenario (Low rates, extensive renewable energy) Revenue1 Residential sales 1.481 billion kwh @ 11.5¢ per kwh $170 million Commercial/industrial sales 3.942 billion kwh @ 9.5¢ per kwh $374 million TOTAL $544 million Expenses Payment on revenue bonds $578.9 million @ 8 percent2 $50.9 million Cost of power * <\i>Hetch Hetchy 425 million kwh @ 4¢ per kwh3 $17 million * <\i>Solar, wind, efficiencies 500 million kwh4 $38 million * <\i>Potrero Hill plant 1.6 billion kwh @ 6.9¢ per kwh $110 million * <\i>Contract purchases 2.90 billion kwh @ 5.5¢ per kwh5 $160 million Operations and maintenance6 $131 million Replace PG&E’s city taxes7 $9.4 million Public benefits8 $10 million TOTAL $526 million Surplus $18 million This chart shows how a San Francisco public power agency could take over Pacific Gas and Electric Co., reduce the city’s reliance on fossil fuels, provide all of the electricity the city needs, and still have money left over. The analysis would apply to either a municipal utility district or a city water and power agency. Proposals for both are on the November ballot. (The MUD proposal would include both San Francisco and Brisbane, but since Brisbane is a very small area – only about 4,000 residents – and since it’s difficult to get accurate data on Brisbane’s current usage, our numbers include only San Francisco. The cost of providing service to Brisbane and the revenue from that jurisdiction would not significantly change the analysis.) The scenario presented here is an optimistic one – although, based on our research, the figures are quite realistic. All of the figures we’ve used are conservative – if anything, our analysis underestimates the financial viability of the MUD or a city WPA. The bottom line: Even with residential rates 20 percent below what PG&E currently charges, and with a huge investment in solar and wind power (five times the size of what the city is currently planning), the MUD or WPA would run a large surplus. This study reflects what a MUD or WPA would be facing several years into its existence. In the first few years, the agency would probably have to buy more power on the open market and would generate less from solar and wind (which take time to set up). But on balance that probably lowers the cost of power (solar is comparatively expensive). There are certain to be factors that we missed – although our cost and revenue projections are very similar to what we found in the annual reports of other large public power agencies such as the Sacramento Municipal Utility District (SMUD) and the Los Angeles Department of Water and Power (LADWP). But we’ve accounted for every foreseeable big-ticket item, and the projected surplus is large enough to cover unexpected costs. 1Revenue is based on sales of 5.4 billion kilowatt-hours: the amount PG&E currently sells in San Francisco, according to the state Energy Commission. A MUD or WPA could set rates at any level it wanted; for this analysis, we set residential rates at 20 percent below PG&E’s current rate of 14¢ a kilowatt-hour rate (which is projected to rise sharply). We assumed that commercial and industrial rates would be at the low end of PG&E’s scale. 2This assumes the MUD or WPA can buy PG&E’s assets at current market value, as assessed by the state Board of Equalization as of Jan. 1, 2001 (see story for details). Ken Bruce of the Board of Supervisors’ Budget Analysts Office told the Bay Guardian that 8 percent would be a reasonable projection for the interest on revenue bonds. 3Hetch Hetchy currently generates about 1.7 billion kilowatt-hours a year, and half of that goes for city government needs – Muni, the lights at City Hall, etc. We assumed that the city would pay the MUD what it pays now – the actual cost of generating the power – so the power sold to the city would be a financial wash. Thus it’s not in our analysis as either a cost or a revenue item. The cost we project for Hetch Hetchy power is high – it includes unfavorable contracts that will expire in five years (see story). The actual future cost would be closer to 2¢ a kilowatt-hour. 4The cost of solar and wind is based on financial estimates for Prop. B. 5It’s impossible to determine exactly what it would cost the MUD or WPA to purchase power in the future, but future contracts currently listed on the New York Mercantile Exchange are going for less than 4¢ a kilowatt-hour, and that price is expected to drop. Again, we took a conservative estimate; actual costs might be lower. 6Based on the cost per customer of operations and maintenance at LADWP (see story). 7The MUD would have no obligation to pay city taxes, but almost all of the candidates for MUD director have pledged to make sure the city doesn’t lose money – in other words, the MUD would almost certainly pay fees equivalent to what PG&E was paying in taxes (see story). 8The state mandates that power companies or agencies spend 2 percent of revenues on “public benefits” – conservation, environmental programs, and the like. Public power in San Francisco: Worst-case scenario (Moderate rates, less renewable energy) Revenue Residential sales 1.481 billion kwh @ 12.6¢ per kwh1 $186 million Commercial/industrial sales 3.942 billion kwh @ 9.5¢ per kwh2 $374 million TOTAL $560 million Expenses Payment on revenue bonds $850 million @ 8 percent3 $74.4 million Cost of power * <\i>Hetch Hetchy 425 million kwh @ 4¢ per kwh $17 million (includes wheeling and backup)4 * <\i>Solar, wind, efficiencies 98 million kwh5 $7.5 million Purchased power6 * <\i>Potrero Hill plant 1.752 billion kwh @ 6.9¢ per kwh $120 million * <\i>Contract purchases 3.098 billion kwh @ 5.5¢ $170 million Operations and maintenance7 $131 million Replace PG&E’s city taxes8 $9.4 million Public benefits9 $10 million TOTAL $539 million Surplus $21 million This chart shows how a public power system in San Francisco would operate if some of the worst-case assumptions are true: if, for example, the municipal utility district or power agency had to spend $800 million to buy out PG&E’s system (the highest likely figure, even according to pro-PG&E studies) and if the MUD was unable to fund and site affordable renewable-energy systems and was thus forced to rely on buying a large amount of its power from the Potrero Hill plant (owned by Mirant Corporation) and from other generators through long-term contracts. Even under those circumstances, the chart shows, the MUD could cut residential rates by 10 percent, keep commercial and industrial rates at the low end of PG&E’s rates, and still end the year with a surplus. As in all of our calculations, the numbers are very conservative; expenses would probably be considerably lower. 1The MUD could set rates at any level it wanted; for this scenario, we’ve set residential rates at 10 percent below PG&E’s current rates. 2The commercial/industrial rate is at the low end of PG&E’s equivalent rate. 3See story for details on the $850 million figure. The bond rate of 8 percent is based on an estimate from Ken Bruce of the Board of Supervisors’ Budget Analyst’s Office. 4See story and “Public Power in San Francisco: Best-Case Scenario” for details. 5This is the amount of solar and wind power projected in the city’s report on the solar bond measure, Proposition B. 6See story and “Best-Case Scenario” for details. 7Based on comparable costs per customer at LADWP. 8See story. 9See story.

Lennar asks feds for help–Republican senator blocks bill

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Are we worried, yet? With San Francisco having climbed deeper into bed with Lennar thanks to Prop. G’s passage, the bad news coming from Wall Street and beyond can’t exactly be music to Mayor Gavin Newsom’s ears.

As Lennar reported bigger-than-expected quarterly losses today, Lennar’s Chief Executive Officer Stuart Miller expressed hope that the federal government would soon belly up and help bail out the beleagured housing industry.

Miller cited increased foreclosures, higher unemployment rates and diminished consumer confidence as reasons why the Florida-based mega developer experienced a 61 percent loss in revenues this quarter.

“With the U.S. housing inventory growing in excess of absorption and limited credit available, the prospect of further deterioration in the homebuilding industry will likely become reality absent Federal government action,” said Miller, who is apparently hedging his political bets by making the maximum campaign contribution to both presidential candidates.

“To that end, we are hopeful that the Federal government will acknowledge the need for further reform and will institute programs designed to stabilize and facilitate the recovery of the housing market.”

But a government plan to address the nationwide foreclosure crisis hit a roadblock in the Senate yesterday in the shape of a Republican from Nevada, Sen. John Ensign.

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Sen. John Ensign (Nevada) wants $7 billion for renewable energy tax credits before he’ll support foreclosure bill.

This isn’t the first time that Ensign has played the role of lone obstructionist.

In September 2007, the Senate discovered that Ensign was using the “secret hold” to obstruct a bill that requires senators to file fund-raising reports electronically, rather than bury the identity of their benefactors in paper filings.

And for a short period in March 2006, Ensign blocked the nomination of Vice Admiral Thad Allen (who replaced FEMA director Mike Brown in the aftermath of Hurricane Katrina) to become the next Commandant of the U.S. Coast Guard.

But now Ensign, who reportedly has been tasked with assembling a staff to win back the U.S. Senate for Republicans in November 2008, is blocking a foreclosure rescue plan that has broad bipartisan support until he gets a vote on his amendment to provide almost $7 billion in renewable energy tax credits.

As a result, passage of the housing bill to create a multi-billion fund to aid thousands of homeowners refinance costly mortgages into more affordable government-backed loans, will likely be delayed until after July 4.

“In an election year, very few things are actually going to make it into law,” Ensign told reporters, “So if you actually want to get something done, you need to be on that train that is basically going to be leaving the station.”

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While Lennar spent $5 million to defeat a grassroots coalition that wanted 50 percent affordable housing in the Bayview, the City applied for $25 million in grants to bail out Lennar’s Shipyard development.

Here in San Francisco, Lennar Corp. has assured elected officials that there is no relationship between LandSource, a land and development company that filed for Chapter 11 bankruptcy on Sunday, June 8, and Lennar’s Bayview Hunter’s Point project.

In a June 9 letter to San Francisco Mayor Gavin Newsom, Lennar Corporation’s Chief Investment Officer Emile Haddad wrote, “We anticipate that there may be some effort to link LandSource to other Lennar ventures, including Hunters Point Shipyard. Let me be clear: There is no relationship between the two entities. Hunters Point has its own capital structure and financial partners.”

Haddad does not however explicitly mention that LandSource, which owns properties in California, Arizona, Florida, Texas and New Jersey, does have a relationship with Lennar Mare Island, which also filed bankruptcy June 8, leaving city officials in the already bankrupt Vallejo doubly stressed.

And nowhere does Haddad guarantee San Francisco a smooth, obstacle-free redevelopment of Bayview Hunters Point, which apparently is already facing a potentially fatal $25 million funding gap, according to City officials.

“Lennar is committed to continuing to work closely with our community partners and the City and County of San Francisco to overcome any obstacles and to work toward a successful venture,” Haddad writes. “You have my personal reassurance that we will keep you fully informed of any and all significant developments that may impact the project.”

“Likewise, we will continue to utilize the development’s partnership experience and qualifications to leverage all state and federal funding sources to enhance the project and ensure its timely completion.”

As for Lennar’s CEO Stuart Miller, he told investors that “notwithstanding the bleak operating environment, Lennar made significant progress during our second quarter.”

This progress included reducing unsold completed inventory. “We now have on average less than one completed unsold home per community.”
Lennar also reduced selling, general and administrative expenses by 60 percent.

Lennar.jpg
“Given our success with asset reduction, we have shifted our primary focus to the execution of an efficient homebuilding model through the repositioning of our product to meet today’s consumer demand and by aggressively reducing our construction costs.”

Sounds like a potential Triple Uhoh.

‘we are very pleased to end our second quarter with approx $880 million in cash and no outstanding borrowings under our credit facility. We have reduced our maximum joint venture recourse debt by approximately $1 billion from its peak level in 2006, which reflects a decrease of over 50 percent.”

“We recognize that the remainder of 2008 will likely see further deterioration in overall market conditions; however, we are confident that we will remain well positioned with a strong balance sheet and properly scaled operations to navigate the current market downturn as a leaner and more efficient homebuilder.”

Meanwhile, following a posting of a video showing some community members less than positive take on Lennar, someone replied with a video about Lennar’s homebuilding operations in Texas.

Seems like some folks in the Bayview aren’t the only ones, er, frustrated with Lennar.

The SF Democratic Party’s future

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Lots of talk and some interesting action at the Harvey Milk LGBT Club meeting last night. Marc Salomon, Robert Haaland and I gave a presentation on the meaning of the June election, and what November’s going to be about, and I passed along my thoughts about the tremendous potential for a broad progressive coalition this fall.

But mostly, the discussion involved the Democratic County Central Committee.

See, in June, thanks to a well-organized slate effort, the progressives won enough seats to hold something close to a working majority on the DCCC. That matters – and this fall, it could matter a lot. Because the DCCC controls the endorsements and money for the local Democratic Party. And in some of the key local races, particularly the swing supervisorial districts, the party’s money and party support could make the difference.

And the first test for the progressive slate will be the vote in a few weeks for DCCC chair.

Down with legitimacy

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OPINION We all remember Gavin Newsom’s stunt four years ago, when he emerged from a tight election race against Matt Gonzalez and promptly "legalized" gay marriage, sending his approval ratings soaring and guaranteeing him a second term. Back then 80-somethings Del Martin and Phyllis Lyon became the first smiling gay couple to marry in honor of La Newsom, before then a politician known mostly for cynical, anti-poor rhetoric (remember "Care Not Cash"?).

Now that the California Supreme Court has struck down the ban on same-sex marriage, everywhere we hear of couples who’ve been together 10, 20, or 30 years (or six months) rushing to tie the knot and proclaim: "finally … it’s … legitimate!" It’s hard to imagine a more wholehearted rejection of queer struggles to create defiant ways of living and loving, lusting for and caring for one another — methods not dependent on inclusion in the dominant institutions of straight privilege.

Gay marriage proponents now declare that finally gays and lesbians are "full citizens" — as opposed to half-citizens, one imagines, or — gasp — non-citizens! As Immigration and Customs Enforcement conducts the biggest raids in history, the gay establishment celebrates its newfound legitimacy. Sure, for a few of the most privileged, the right to get gay married might be the last thing standing in the way of full citizenship. But there are certainly a legion of impediments for the rest of us.

Let’s step back for a moment and imagine what it means to be a full citizen of the foremost colonial power, bent on bombing rogue states to smithereens, exploiting the world’s resources, and ensuring the downfall of the planet. As same-sex marriage fetishists rush to stake their claim to straight privilege, who gets left behind? Oh, right — anyone who doesn’t want to follow an outdated, tacky, oppressive model of long-term monogamy sanctioned by a state seal.

Want health care? Get married (to someone with a good health plan). Need a place to live? Better get working on a spouse with a house. Need to visit your friend in the hospital? Forget it (unless you’re ready and able to tie the knot). Need to stay in this country, but you’re about to get deported? Should’ve gotten married while you had the chance!

Want to define love, commitment, family, and sexual merrymaking on your own terms? Honey, that’s so last century — this year it’s all about matching putf8um Tiffany wedding bands, the Macy’s bridal registry, and a prime spot on the Bechtel float in the Pride parade — now that’s progress!

While San Francisco has a long history of sheltering dissident queer cultures of incendiary splendor, the rush for status within the status quo threatens to delegitimize everyone who isn’t ready for the Leave It to Beaver lifestyle.

Mattilda Bernstein Sycamore

Mattilda Bernstein Sycamore (mattildabernsteinsycamore.com) is most recently the editor of an expanded second edition of That’s Revolting! Queer Strategies for Resisting Assimilation (Soft Skull Press, 2007). Her new novel, So Many Ways to Sleep Badly, will tantalize you this fall.

Editor’s Notes

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› tredmond@sfbg.com

The San Francisco Chronicle has suddenly discovered that the middle class is leaving San Francisco.

Staff writer James Temple broke the news on the front page of the Sunday, June 23 paper with a lead sentence that boggles the mind in its insight and news value: "The number of low- and middle-income residents in San Francisco is shrinking as the wealthy population swells, a trend most experts attribute to the city’s exorbitant housing costs."

I don’t want to downplay the importance of this story. It could have (and should have) been written a decade ago, when Willie Brown was mayor and city planning policy, combined with the dot-com boom, started San Francisco on the path toward becoming the first fully gentrified big city in America. And I’m always frustrated when a daily newspaper reports after the fact on something that could have been prevented, or at least slowed, back when the story first became a story.

But the news is still news today, and the fact that the Chronicle has facts and figures and demographers denouncing and community leaders deploring means the problem will be getting some additional attention this fall. That matters, because this November, the future of San Francisco will again be on the line.

And that could be a very good thing.

Calvin Welch, who has been fighting for a progressive city longer than many of today’s activists have been alive, remembers the summer 1972 state ballot: "You had George McGovern. You had the Coastal Commission [Act]. You had the farmworkers [labor law]. You had marijuana [decriminalization]. And you had every constituency on the left coming out to vote for them all. And they all won."

This fall in San Francisco we will have perhaps an even greater perfect storm: a proposed rebuild of SF General Hospital, which is a huge priority for organized labor. A housing justice measure that sets aside money for affordable housing (and could help address the single biggest issue in the city, something even the Chronicle now puts on page 1). A green energy and public power measure (which would shift energy policy toward renewables and bring in millions of dollars). Two new revenue measures that tax the wealthy. Six seats on the Board of Supervisors, including three swing districts that will determine whether the progressive majority that has controlled the board since 2000 will remain intact. And all of that will happen in the context of the Obama campaign and a massive statewide mobilization to protect same-sex marriage.

We are a fractious crew, the San Francisco left, but if we can come together this fall, share resources, and run some sort of large coalition campaign for progressive values, this could be an election for the ages.

The commissioner’s conflicts

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› gwschulz@sfbg.com

Before the June 5 special meeting of the San Francisco Planning Commission got underway, Michael Antonini had an announcement.

Dressed in a charcoal suit and red-checked tie, with his white hair combed back over his skull, the longtime commissioner disclosed that he was a part owner of a condominium in the eastern neighborhoods, where a years-long rezoning effort is nearly complete. That means Antonini is among the people who could benefit from increased land values due to zoning upgrades.

As a result, Antonini begrudgingly declared that he would have to recuse himself from hearings involving the eastern neighborhoods until the potential conflict is dealt with.

"Hopefully this can be resolved in the next few weeks and I’ll be able to participate at later hearings," Antonini said at the meeting.

But it was a bit late to be complying with the state’s conflict-of-interest laws: Antonini had already actively taken part in meetings in which the plan was discussed. And Antonini also neglected to mention that after he and his son purchased the condo, he voted on two other projects that appear to be within steps of it.

Public records show that Antonini bought the $515,000 condo at 200 Townsend Street in 2003 with his real estate agent son, John. Commissioner Antonini and his wife own a 25 percent stake in the property through a family trust the couple created in 1997. His son holds the majority interest.

Antonini worked hard to play down his stake in the condo at the June 5 meeting. It’s not an investment property, he made clear to the commissioners. There’s no rent generated from it. He’s a mere minority holder in a family trust that controls the condo, and it was purchased as a residence for his son and his wife.

"Because I did not believe our fractional interest in John’s condo represented a conflict, I did not consider reclusing [sic] myself from projects near the condo," Antonini wrote to the Guardian.

But the laws on this are pretty clear. The state’s Political Reform Act of 1974 prohibits public officials from participating in decisions that will have a "foreseeable material financial effect on one or more of his/her economic interests." It also states that any "direct or indirect interest" worth more than $2,000 poses a potential conflict, for which a 25 percent stake in a half-million dollar condo would seem to qualify.

RECUSE ME


Other public officials in similar situations have recused themselves long before the issue became a potential political liability.

Sup. Bevan Dufty bought into a three-unit residential property on Waller Street with two co-tenants in December 2006. He immediately sought advice from the city attorney, who told him he no longer could vote on the Market-Octavia Plan, a series of land-use changes in Hayes Valley, Duboce Triangle, and elsewhere that was similar in scope to the current rezoning efforts in the eastern neighborhoods. The supervisor also couldn’t vote on a major Laguna Street redevelopment project or on legislation making it easier for seniors to convert rental units to condos.

Antonini told us that "only in the last month" did the city attorney warn some officials involved with plans for the eastern neighborhoods that if they held property in the area, there could be a conflict of interest.

"We’ve been working on [the eastern neighborhoods] for the whole six years I’ve been on the planning commission," he said at the meeting. "It’s a little troubling that this issue of conflict is raised now rather than at the very beginning."

The law does make an exception when the economic interests of the "public generally" could also be enhanced by a government decision such as those that have an impact on a large section of the city like the eastern neighborhoods. But the city attorney’s office concluded for now that the condo indeed may pose a conflict. And in the meantime, Antonini told us that the Fair Political Practices Commission in Sacramento, which helps enforce the state’s Political Reform Act, is being consulted to determine "whether our fractional interest in the condo truly represents a conflict of interest."

The eastern neighborhoods planning process isn’t the only legislation that created a potential conflict for Antonini. The commissioner voted in January 2007 to approve construction of 26 new single-room occupancy units at 25 Lusk Alley, not far from his property at 200 Townsend. The project’s sponsor, Michael Yarne, is a land-use attorney who today works for the mayor’s economic development office. The project was approved, according to meeting minutes.

The project itself relied on a contentious legal loophole in which developers claim their units are "single-room occupancy," a necessity because the area permits residential efficiency hotels where the poor and working-class used to live. Allowing such SRO hotels in areas zoned for light industrial uses enabled the city to preserve some forms of affordable housing. But builders can turn around and lease the opulently large units such as the ones at 25 Lusk, which bear little resemblance to genuine SRO rooms, to well-heeled clients.

"They are allowed where normal residential units are not allowed, because historically SROs were always extremely affordable housing," community organizer Calvin Welch said. "The whole notion of market-rate SROs is a new invention, and that’s why they’re controversial. They’re basically the new version of live-work lofts."

In November 2006, Antonini also voted to approve a liquor license for a new full-service restaurant and wine bar at 216 Townsend, even closer to his son’s condo.

TOO CLOSE FOR COMFORT


State ethics laws say that a public official has a conflict if his or her property comes within 500 feet of a project the official will be scrutinizing and voting on.

Conservatively measuring from the furthest corners of each property, Google Earth puts both the proposed restaurant and SRO within 500 feet.

Bob Stern, president of the Los Angeles–based Center for Governmental Studies and co-author of the state’s Political Reform Act, said a public official could face $5,000 in civil penalties for each conflict-of-interest violation. But it’s not common for the chronically under-resourced FPPC to go after local officials, he said.

Mayoral spokesperson Nathan Ballard wrote in an e-mail that "we take any allegations of conflicts of interest seriously" but added there is a disagreement over whether the "public generally" exception applied to the eastern neighborhoods and that the City Attorney’s Office was seeking additional input from the FPPC.

As for the two projects he voted on near the condo, Antonini apparently told the mayor’s office he had looked into whether 25 Lusk fell inside 500 feet. "Based on his understanding at the time," Ballard wrote, "they didn’t."

That’s a stretch, at best. The projects are in the same block. We walked them off and found that Antonini would have to be splitting hairs to argue that they are outside the boundary — and even in that case, it would be only by a few feet. The rusty red paint job, black trim, and stylish, outsize windows of 200 Townsend are easily viewable from the backside of 25 Lusk.

"If there is a legitimate argument that they did fall within the 500-foot radius, this should be clarified," Ballard stated. "However, given the relative insignificance of the two projects cited in your e-mail and Antonini’s long-standing reputation as an ethical and hard-working commissioner, we don’t have any reason to believe that he would have knowingly and/or willingly violated the state’s Fair Political Practices Act."

But the Lusk Street project was by no means insignificant. "They are highly regulated," Welch said of SROs. "You cannot convert them to tourist hotels without going through a very long and cumbersome process. They are valued for affordable housing so highly that the city regulates their conversion to tourist uses." So instead, the "corporate suites," as Welch calls them, masquerade as SROs. The project was approved in the end, but two commissioners — Christina Olague and Sugaya Hisashi — voted against it.

Antonini told us that he believes 25 Lusk is more than 500 feet away, and as for the restaurant, planning staff recommended approval.

The commissioner told us, "I was the one who brought public attention to the issue of my possible conflict. I believe it is a small issue when compared to my body of work on behalf of San Francisco over the last six years."

The June 5 meeting where Antonini made the disclosure about his son’s condo was part of a long and detailed process that will determine the fate of vast sections of Potrero Hill, SoMa, the Mission District, and Dogpatch. The official planning process for the targeted 2,200-acre area began back in 2001, and the commissioners could approve new zoning plans next month before sending the proposal to the Board of Supervisors.

For much of San Francisco’s history, the city sections poised for rezoning have been home to light industry and blue-collar jobs. But housing has encroached over the last 15 years, and the planning commission is prepared to allow between 8,000 and 10,000 new units over the next 20 years. That will almost certainly increase the value of land in the area.

Residential developers built thousands of pricey condos in the SoMa District during the 1990s, exploiting another divisive zoning loophole that created waves of animosity across the city and aided in a takeover of the Board of Supervisors by a progressive bloc of candidates.

Live/work lofts, as developers called them, were built in areas zoned for light industrial commercial purposes. Wealthy buyers would ostensibly operate businesses out of their homes or live in them as working artists as the zoning required, but few have complied with the letter or — having found ways to narrowly abide by it — the spirit of the law.

"The city turned its head," housing attorney Sue Hestor said. "We have 3,000 units that are supposed to be occupied by artists and probably 90 percent of them are not occupied by artists at all. It’s blatantly illegal."

Antonini has managed to maintain friendships with local moderate Democrats over the years despite being an elected member of San Francisco’s Republican Party County Central Committee. Willie Brown first appointed him to the powerful planning commission in 2002, and he’s been a reliable vote for developers and other large business interests. Mayor Gavin Newsom reappointed him in 2004 and earlier this year tried to engineer Antonini’s election as president of the commission.

PG&E lobbying doubletime

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image courtesy of www.opensecrets.org

PG&E spent almost $2 million on lobbying during the first quarter of 2008, according to an Associated Press report today. Last year they spent just under $4 million, which means they’re pacing to spend double that this year.

As the industry tally for electric utilities on OpenSecrets.org shows, PG&E is third in the national field – outranked by Southern Company and the Edison Electric Institute (basically a gigantic energy lobbying group of which PG&E is also a member.)

Of course, that’s just taking care of national business. Closer to home, the $13 billion utility company has dropped $208,357.08 this year on lobbying – mostly wining and dining California Public Utilities Commissioners, influencing election outcomes, and paying the salaries of their employees who sit on public boards like the Bay Conservation and Development Commission.

And just an FYI for y’all — the spike in PG&E lobbying in 2006, as shown in the above graph, can be traced to the $11 million the corporation spent defeating a public power campaign in Yolo County. As a public power initiative for San Francisco heads to the November 2008 ballot, can we expect another banner year of spending from PG&E?

Lennar files for bankruptcy at Mare Island

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Just as folks in San Francisco are beginning to wonder if Lennar is planning to mothball the Hunters Point Shipyard in face of a $25 million funding gap (reportedly related to lowered land prices), comes word that folks in Vallejo are beginning to wonder what Lennar Mare Island’s June 8 bankruptcy will means for their city’s already strained finances.

On Sunday June 8, Lennar Mare Island LLC, which has been involved in redeveloping the former naval station at Mare Island for eleven years. petitioned for a Chapter 11 bankruptcy, along with its parent company LandSource and 19 other Lennar-related subsidiaries.

The move came several couple of months after LandSource defaulted on a $1.24 billion loan–and five days after the June 3 election, in which Lennar Homes of California spent $5 million to pass Prop. G, which gives it the right to develop luxury condos at Candlestick Point, as well as at Hunters Point Shipyard.

Election as prologue

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› steve@sfbg.com

San Francisco politics shifted June 3 as successful new coalitions altered the electoral landscape heading into the high-stakes fall contests, when seven of the 11 seats on the Board of Supervisors are up for grabs.
Progressives had a good election night even as lefty shot-caller Sup. Chris Daly suffered a pair of bitter defeats. And Mayor Gavin Newsom scored a rare ballot box victory when the southeast development measure Proposition G passed by a wide margin, although voters repudiated Newsom’s meddling with the San Francisco Public Utilities Commission by approving Prop. E.

But the big story wasn’t these two lame duck politicians, who have served as the two poles of local politics for the past few years. It was Mark Leno, who handed Sen. Carole Migden her first electoral defeat in 25 years by bringing together progressives and moderates and waging an engaged, effective ground campaign. In the process, he may have offered a portent of things to come.

The election night speech Leno gave just before midnight — much like his entire campaign — didn’t break along neat ideological lines. There were solidly progressive stands, like battling the religious right’s homophobia, pledging to pursue single-payer health care, and blasting Pacific Gas & Electric Co. for funding sleazy attack pieces against him, reaffirming his commitment to public power.

But he also thanked Newsom and other moderate supporters and heaped praise on his political consulting firm, BMWL, which has run some of downtown’s nastiest campaigns. "It was clean, it was smart, and it was effective," Leno said of his campaign.

The Migden campaign, which had the support of Daly and many prominent local progressives, often looked dirty by comparison, marred by past campaign finance violations that resulted in Migden getting slapped with the biggest fine in state history and by Daly’s unethical misuse of the Guardian logo on a mailer that made it appear as if we had endorsed Migden.

Old alliances seemed to crumble around this election, leaving open questions about how coalitions will form going into an important November election that’s expected to have a crowded ballot and huge turnout.

UNITY AND DIVISION


There are things that unite almost all San Franciscans, like support for public schools. In this election that support came in the form of Prop. A — a measure that will increase teacher salaries through a parcel tax of about $200 per property owner — which garnered almost 70 percent of the vote.

"These numbers show that people believe in public education. They believe in what we’re doing," school superintendent Carlos Garcia told a jubilant election night crowd inside the Great American Music Hall.

Also uniting the city’s Democrats was the news that Barack Obama sewed up the party’s presidential nomination June 3, ending a primary battle with Hillary Clinton that had created a political fissure here and in cities across the country.

"The winds of change are blowing tonight. Let me congratulate Barack Obama on his victory," Leno said on election night, triggering a chant of "Yes we can" from the crowd at the Upper Market bar/restaurant Lime.

Local Clinton supporters were already switching candidates on election night, even before Clinton dropped her campaign and announced her support for Obama four days later.

"As a strong Hillary person, I’m so excited to be working for Obama these next five months," DCCC District 13 member Laura Spanjian, who won reelection by placing fourth out of 12 slots, said on election night. "It’s my number one goal this fall."

Leno also sounded conciliatory themes. In his election night speech, Leno acknowledged the rift he created in the progressive and LGBT communities by challenging Migden: "I know that you upset the applecart when you challenge a sitting senator."

But he vowed to repair that damage, starting by leading the fight against the fall ballot measure that would ban same-sex marriage and overturn the recent California Supreme Court decision that legalized it. He told the crowd, "I invite you to join together to defeat the religious right."

A day later we asked Leno about whether his victory represented a new political center in San Francisco and he professed a desire to avoid the old political divisions: "Let’s focus on our commonalities rather than differences," he said, "because there is real strength in a big-tent coalition."

But this election was more about divisions than unity, splits whose repercussions will ripple into November in unknown ways. Shortly before the election, Daly publicly blasted "Big Labor" after the San Francisco Labor Council cut a deal with Lennar Corporation, agreeing to support Prop. G in exchange for the promise of more affordable housing and community benefits.

On election night, Newsom couldn’t resist gloating over besting Daly, whose affordable housing measure Prop. F lost big. "I couldn’t be more proud that the voters of San Francisco supported a principled proposal over the political proposal of a politician," Newsom told us on election night, adding, "Today was a validation of community investment and involvement over political games."

While Daly and some of his progressive allies have long warned that Leno is too close to Newsom to be trusted, one of the first points in Leno’s speech was the celebrate the passage of Prop. E, which gives the Board of Supervisors more power to reject the mayor’s appointees to the San Francisco Public Utilities Commission. "As an early supporter I was happy to see that," Leno said.

Susan Leal, the former SFPUC director who was ousted by Newsom earlier this year, said she felt some vindication from the vote on Prop. E, but mostly she was happy that people saw through the false campaign portrayals (which demonized the Board of Supervisors and erroneously said the measure gave it control over the SFPUC.)

"This is one of the few PUCs where people are appointed and doing the mayor’s bidding is the only qualification," Leal told us on election night.
Sup. Tom Ammiano, who will be headed to the Assembly next year, agreed: "It shows the beauty contest with the mayor is over and people are willing to hold him accountable."

ANALYZING THE RESULTS


On the day after the election, during a postmortem at the downtown office of the San Francisco Planning and Urban Research Association, political consultants Jim Stearns and David Latterman sized up the results.

Latterman called the Prop. E victory "the one surprise in the race." The No on E campaign sought to demonize the Board of Supervisors, a strategy that clearly didn’t work. Firing Leal, a lesbian, helped spur the city’s two major LGBT groups — the Harvey Milk and Alice B. Toklas Democratic clubs — to endorse the measure, which could have been a factor when combined with the high LGBT turnout.

"This may have ridden the coattails of the Leno-Migden race," Stearns said.

In that race, Stearns and Latterman agreed that Leno ran a good campaign and Migden didn’t, something that was as big a factor in the outcome as anything.
"Migden did too little too late. The numbers speak for themselves. Leno ran a really good race," Latterman said, noting how Leno beat Migden by a large margin in San Francisco and came within a few thousand votes of beating Joe Nation on his home turf of Marin County.

"It was a big deal for Leno to get so close to Nation in Marin," Stearns said.

Leno told us the polling his campaign did late last year and early this year showed he had a strong advantage in San Francisco, "so with that, I invested a lot of time and energy in Marin County."

Stearns attributed the big Prop. G win to its large base of influential supporters: "The coalition-building was what put this over the top." Daly chalked it up to the $4 million that Lennar spent, saying it had bought the election. But Stearns, who was a consultant for the campaign, didn’t agree: "I don’t think money alone ever wins or loses campaigns."

Yet he said the lack of money and an organized No on G/Yes on F campaign did make it difficult to stop the Lennar juggernaut. "You need to have enough money to get your message out," Stearns said, noting that "Nobody knew that the Sierra Club opposed [Prop. G]."

In the one contested judge’s race on the ballot, Gerardo Sandoval finished in a virtual dead heat with incumbent Judge Thomas Mellon. The two will face off again in a November runoff election because a third candidate, Mary Mallen, captured about 13 percent of the vote.

"How angry is Sandoval with Mallen now?" Latterman asked at the SPUR event. "If that 13 percent wasn’t there, Sandoval wins."

Both Latterman and Stearns agreed that this election was Sandoval’s best shot at unseating a sitting judge. "He’s going to face a tougher test in November," Stearns said.

The other big news was the lopsided defeat of Prop. 98, which would have abolished rent control and limits on condo conversions in addition to its main stated aim of restricting the use of eminent domain by local governments.

"It just lost bad," Latterman said of Prop. 98, the second extreme property rights measure to go down in recent years. "It just needs to go away now…. This was a resounding, ‘Just go away now, please.’<0x2009>"

LOOKING FORWARD


Aside from the Leno victory, this election was most significant in setting up future political battles. And progressives won a big advantage for the battles to come by picking up seats on the city’s two Democratic County Central Committees, a successful offensive engineered largely by Daly and Peskin, who were both elected to the eastside DCCC District 13.

"On the DCCC level, we took back the Democratic Party," said Robert Haaland, a progressive who was reelected to the DCCC District 13.

"The fight now is over the chair. The chair decides where the resources go and sets the priorities, so you can really do a lot," Haaland told us.

Many of the fall supervisorial contests feature races between two or three bona fide progressives, so those candidates are going to need to find issues or alliances that will broaden their bases.

In District 9, for example, the candidates include housing activist Eric Quezada (who lost his DCCC race), school board president Mark Sanchez, and Police Commission member David Campos — all solid progressives, all Latino, and all with good bases of support.

Campos finished first in his DCCC District 13 race just ahead of Peskin. Speaking on election night at the GAMH, Campos attributed his strong showing to walking lots of precincts and meeting voters, particularly in the Mission, an effort that will help him in the fall.

"A lot of Latino voters are really eager to be more involved [in politics]," Campos said. "Speaking the language and being an immigrant really connects with them."

Campos thinks public safety will be a big issue on voters’ minds this fall, an issue where he has strength and one that progressives have finally seized. "Until Ross Mirkarimi came along, progressives really weren’t talking about it," Campos said.

So, does Campos’ strong DCCC showing make him the front runner? When I asked that question during the SPUR event, Latterman said he didn’t think so. He noted that Sanchez has always had strong finishes on his school board races, citywide contests that includes the Portola area in District 9 but not in DCCC District 13. In fact, Latterman predicted lots of acrimony and close contests this November.

"If you like the anger of Leno vs. Migden, we’ll have more in the fall," Latterman said of the competitive supervisorial races.

Leno hasn’t been terribly active in local contests since heading to Sacramento, and he told us that his focus this fall will be on state ballot fights and the presidential race. He hasn’t made endorsements in many supervisorial races yet, but his two so far are both of progressives: Ross Mirkarimi in District 5, and David Chiu in District 3. And as he makes more supervisorial endorsements in the coming months, Leno told us, "I will be fighting for progressive voices."

Sarah Phelan contributed to this story.