Governor

Angelides says bring our troops home

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By Jonathan Beckhardt
Trailing by as much as 20 points in his race for governor, Democrat Phil Angelides has turned to the Iraq War — the issue supposed to galvanize the nation’s left — and made it a state issue by today vowing to “do everything in [his] power” to bring home the approximately 800 California guard troops deployed in Iraq.
“A Governor’s first responsibility is to ensure the safety of the people of California,” Angelides said at a rally at San Francisco State University devoted to the issue. “And a governor cannot do that without a strong National Guard, [which is] our crucial defense against domestic disorder and natural disaster.”
“What does Governor Schwarzenegger say about the pressure the war has put on our precious citizen soldiers, on their readiness for earthquake, flood, or fire?” Angelides said.
Angelides said he will “put in a formal request to President Bush to return our National Guard units” on his first day in office. Then he will “mobilize governors from across this nation to force a change in national policy- so guard units can be used for their intended purpose, not propping up the Bush-Cheney-Rumsfeld excuse for a foreign policy.”
Though not saying what legal options he might be able to exercise, Angelides said he would “take any action, including going to court,” to carry out his pledge.
The new stand differs from the position he took in May, where at a Primary debate he said governors do not have the power over the Pentagon to bring state Guard troops home from war.
According to the California National Guard, the federal government provides about 85 percent of the funding for the National Guard, though this varies according to the amount the Guard is serving the federal government. The guard is under the command of both the state and federal government, though the federal government’s power over the force supersedes the state’s power over the force.
According to the Angelides campaign, 275 Californians have died in Iraq, 21 of whom have been members of the Guard.

Discovering the formula

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› amanda@sfbg.com
San Francisco has a thing for local businesses. From Chinatown to Hayes Valley, the dozens of distinctive neighborhoods that constitute this city have for the most part maintained their individuality with one-of-a-kind, locally owned places to shop, snack, and seek services.
While many cities and small towns across the country have succumbed to the sprawl and homogeneity of chain stores, some have resisted, even in the face of lawsuits and wily campaigning from megaretailers. Big corporations including Wal-Mart, Home Depot, and Target are combating restrictive municipal legislation with their money, pouring millions into local political races and flying in paid signature gatherers for ballot referenda.
“They’re spending $100 per vote in some cases,” Stacy Mitchell told the Guardian. Mitchell is the author of Big-Box Swindle and a senior researcher for the New Rules Project, a subsidiary of the Institute of Local Self-Reliance, which tracks legislation against formula retail.
“They’re getting mixed results,” she said, which means sometimes the big boys lose, like in the multiyear battle with Inglewood that sent Wal-Mart walking. But more often than not, the formula retailers win.
Take Chicago as a recent example: Mayor Richard Daley overrode city councilors and issued his first veto in 17 years, against legislation that would have required large retailers to pay a living wage to employees. Councilors hoped to trump the mayor with another vote, but at the last minute three councilors switched positions to side with Daley.
“I still don’t understand how it happened,” said SF supervisor Tom Ammiano, who flew into Chicago to speak in favor of the legislation. He told us the city was behind it, though opponents were arguing that low-income people needed the option to work and shop at Wal-Mart and it was discriminatory to not allow the store to move into the city. “They played the race card. It was obvious they were people on [Wal-Mart’s] payroll.”
In the week since the veto, Wal-Mart has already swooped in with several site proposals for the first 20-acre megamart in Chicago. It’s stated an eventual goal of building 20 stores in the Windy City. Could Wal-Mart spite San Francisco just like it did Chicago?
Since 2004, San Francisco has operated with the Formula Retail Ordinance, designed to preserve “the city’s goal of a diverse retail base.” This isn’t an outright ban, but it makes the application and review process more arduous for formula retail. The ordinance defines formula retail as any chain with 11 or more outlets that offer standardized services or mimic one another in decor, architecture, and practices (like Starbucks, the Gap, and Wal-Mart, to name an infamous few).
The relevant legislation, Section 703.3 of the Planning Code, reads like it was penned by a Norman Rockwell acolyte and cites such businesses as generally undesirable, granting neighborhoods the right to be notified of potential chain store proposals. While the legislation allows neighborhoods to create their own stricter legislation, it also grants them the right to accept a chain into the fold, which is a pretty big loophole.
So far, most neighborhoods haven’t been welcoming. A battle in North Beach over Home Depot resulted in an outright ban of all formula retail in the neighborhood. Hayes Valley followed suit. Conditional use permits in western SoMa, Cole Valley, and Divisadero from Haight to Turk add an extra layer of scrutiny to the planning process when a Starbucks or Target want to set up shop. Potrero Hill–Showplace Square is the next in the trend, with a 12-month interim conditional-use period and a more permanent restriction on the way. That restriction was introduced by Sup. Sophie Maxwell, approved by the Land Use and Economic Development Committee, and headed to the full Board of Supervisors for initial approval Sept. 19 after Guardian press time.
Maxwell’s legislation could become moot this November if voters approve Proposition G, the Small Business Protection Act, which would extend conditional-use permitting to the entire city, making any proposal from a chain store subject to public hearings and an arduous Environmental Impact Review at the expense of the applicant, not the city.
Dozens of counties and municipalities have enacted similar ordinances around the country in response to the track records of megaretailers. Public criticism is mounting against corporations such as Wal-Mart and Home Depot for drawing the shopping masses by reducing prices to quash smaller competitors and for pulling profits out of communities instead of keeping them local, as small businesses tend to do.
But the chain stores aren’t just rolling over.
“It’s happening in enough places that it’s reached a point where they’re feeling nervous about how it’s affecting their growth,” Mitchell said about the retail giants. Her organization has been assisting communities for several years in drafting legislation against formula retail and is seeing some of that legislation undercut by voracious chain stores. Wal-Mart, the most notorious foe, dumps thousands of dollars into local election races. The tactic is especially evident in California.
“Wal-Mart spends more in California than anywhere,” said Nu Wexler, spokesperson for Wal-Mart Watch, a Washington-based organization with hawk eyes on the company. “They have active lobbying in all 50 states, but California is a particularly important market for them.”
He attributes that to the state’s status as the sixth-largest economy in the world. In 2002, Wal-Mart promised to open 40 supercenters in the state within four to six years. As of October 2005, only six had been opened. “They’re fighting expansion battles all over the country, but they’re having an especially difficult time in California,” Wexler said. Inglewood, Turlock, and Hercules have all recently dodged Wal-Mart.
But several other cities have not, despite protective measures, and in the last year 12 more supercenters have opened in California, bringing the grand total to 19.
Contra Costa County, apropos of no immediate threat, passed a 2003 ordinance prohibiting “big box” stores over 90,000 square feet. In response, Wal-Mart dumped more than $1.5 million campaigning for a measure overriding the ordinance on the next available ballot. In 2004, the ordinance was overturned by 54 percent of voters.
Four years of fighting in Rosemead resulted in two city council shake-ups, with a recall election of two council members set to be decided this week; a possible Brown Act violation when city officials approved a permit for Wal-Mart during a meeting when it wasn’t on the agenda; and multiple lawsuits from both sides. Wal-Mart spent $200,000 campaigning and dropped another $100,000 in local charities to spread some good cheer. It worked: doors opened at a new supercenter Sept. 18.
Last August, a Wal-Mart opened just across the bay in Oakland even though the city already had a ban on big-box retail larger than 2.5 acres. Spurning the city’s provincial laws, Wal-Mart found real estate regulated by the Port of Oakland — which, similar to San Francisco’s port, is outside the city’s jurisdiction and not subject to local ordinances.
“It was passed in a backroom deal with the port before the city could have any public hearings,” said Adam Gold, a spokesperson from Just Cause Oakland, a local group that opposed the store. “It made it difficult to resist it. It had already been approved.”
At the state level, Governor Arnold Schwarzenegger recently vetoed Senate Bill 1414, introduced by San Francisco’s state senator Carol Migden, which would have required employers with more than 10,000 workers to put 8 percent of total wages toward health care. Not a surprise: Wal-Mart’s Walton family dropped more than half a million dollars into electing the governor, with a most timely donation of $250,000 last year on the very day he vetoed legislation aimed at Wal-Mart that would have required businesses to disclose when employees use public health care services.
Two other bills, SB1523, requiring environmental impact reports and public hearings for the construction of stores larger than 100,000 square feet, and SB1818, allowing cities to recover legal fees when sued by big-box retailers, sailed through the legislature but are currently festering on the governor’s desk.
Is it all enough to protect San Francisco? Can the city keep mom and pop on the corners and resist the commercialism that has made a city like Emeryville the mall that it is today?
Maxwell, who pushed the recent legislation for Showplace Square and Potrero Hill, hopes so. “I’d rather have the position of them on the offense than the defense,” she said of potential retail applicants. When asked if the city codes are strict enough, she said, “If not, I’d be willing to put forth the legislation that is.”
As for the idea of Wal-Mart coming to town, the District 10 supervisor was nothing if not firm: “No, no way. Not in San Francisco.” SFBG

A woman’s place is in the House — and the Senate

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By G.W. Schulz

I’ll never forget the first time I stood in the presence of Ann Richards.

Years ago during the late 90s when I lived in Austin, I worked at a little natural foods grocery store on the west side of town. Richards used to come into the deli quite frequently. Although she was a short woman, there was something about her stature that simply commanded respect. Plus, she was the widely revered former governor of Texas. She just exuded principled toughness. I was sad to learn this week that she had succumbed to cancer at the age of 73. One thing the Democrats can’t afford to lose right now is anyone with a sense of humor.

Welcome to the nightmare

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MEXICO CITY (Sept. 14th) – In an epiphany of how he might have to govern Mexico if, in fact, an aggrieved left opposition allows him to assume the presidency December 1st, right-winger Felipe Calderon had to be helicoptered to the bunker in the deep south of this conflictive capital, where the nation’s top electoral tribunal doing business as the TRIFE was to hand him the certificate attesting that he had, in the judges’ less-than-august opinions, won the hotly-contested July 2nd election from leftist Andres Manuel Lopez Obrador (AMLO.).

Upon emerging from the chopper, which had been accompanied by a military gunship, the stubby, balding Calderon, his eyes darting like the proverbial deer caught in the headlights, was quickly hustled into the TRIFE headquarters by the back door, a full 90 minutes before the actual ceremony was to commence, a subterfuge necessitated by the presence by thousands of AMLO’s enraged supporters, some of whom had already stripped naked.

Calderon’s witnesses – members of his campaign team and functionaries of the archly-rightist PAN party who had the misfortune to arrive by land — were greeted by clods of earth and screams of “Rateros!” (Thieves) and “Fraude!” (Fraud.) The ritual unfolded under a steady barrage of rotten eggs and tomatoes that AMLO’s people kept hurling at the TRIFE bunker, a kind of Aztec version of a U.S. missile silo, to express their unhappiness with the seven-judge panel that had neither heard nor seen any evil in the maladroit machinations of President Vicente Fox, the Federal Electoral Institute (IFE), and the PAN to steal the election from their candidate.

On September 5th, just hours before the constitutional deadline for confirming the next president of Mexico, the TRIFE had finally handed down its eagerly anticipated decision. In the learned justices’ unanimous judgment, outgoing president Vicente Fox’s unconstitutional intromission in the electoral campaign on behalf of Calderon had put the validity of the July 2nd balloting “at risk.”

Moreover, months of venomous anti-AMLO hit pieces designed by U.S. carpetbagger Dick Morris that labeled Lopez Obrador a DANGER to Mexico in big red letters “unquestionably” impacted the results and were illegally financed by big business councils that included such transnationals as Wal Mart and Halliburton, a patently criminal act.

In addition, the election was riddled with “arithmetic mistakes.” The TRIFE’s own recalculation of the actual vote count, effected by its much-maligned twin the IFE, demonstrated beyond a shadow of a doubt that Calderon had been credited with hundreds of thousands of votes that could not be substantiated by the number of ballots inside the ballot boxes. A partial recount of 9.7% of the 130,000 “casillas” (precincts) had turned up a total of 237,000 questionable votes that the TRIFE had chosen to annul, a quarter of those cast in the sample, and more than Calderon’s supposed margin which had been reduced to 233,000 out of a total 41.5 million cast.

Having duly noticed these egregious outrages, the seven judges concluded that they could not calibrate the impact of such organized criminal activity upon the final outcome and awarded the presidency to one Felipe de Jesus Calderon Hinojosa to the great delight and immediate congratulations of Mexico’s masters in Washington D.C.

Did the TRIFE go into the tank? Three of the justices are expected to be promoted to the Mexican Supreme Court when and if Felipe Calderon takes over the presidency. A fourth, Alejandro Luna Ramos, who will remain at the helm of the electoral tribunal, is a business partner of PAN topdog “El Jefe” Diego Fernandez de Cevallos – El Jefe won millions for the Ramos family from the Mexico City government before AMLO became mayor in a shady land deal involving the site of the Aztec football stadium. A Ramos sister sits on Mexico’s Supreme Court.

Lopez Obrador has suggested that the judges were willing recipients of “canonazos” (cannonades of pesos) to help them better contemplate the “validity” of the election. Porfirio Munoz Ledo, a hoary political chameleon who was Fox’s ambassador to the European Union, describes a post-electoral huddle at the home of Chief Supreme Court Justice Mariano Azuela, a Fox ally, where the Presidente warned the “TRIFitos” that should they declare the election null and avoid due to the overwhelming evidence of fraud, the Mexican economy would collapse and anarchy would reign in the streets. Although Munoz Ledo is an unsavory sort, his sources are usually impeccable.

Now that the TRIFE has legitimized the fraud, the IFE brain trust under the beady gaze of the chief architect of the July 2nd debacle, Luis Carlos Ugalde, is moving quickly to destroy the evidence. Following the modus operandi established after the stolen election of 1988 when the then-ruling PRI in connivance with the PAN ordered the ballots to be burnt by the military, the IFE has refused petitions from 16,000 suspicious subscribers to PROCESO magazine and a blue-ribbon commission of prominent members of the civil society to allow them to conduct a citizens recount of the ballots that are now, once again, under the protection of the military. Never! Ugalde and his mafia scoff. The ballots are “inviolable!” “The property of the people!”

But, on the other hand, the ballots are not “documents” open to public scrutiny as guaranteed by law, the IFE contends, and therefore are eminently “burnable” under current electoral stipulations. Ugalde’s ruling was described as “metaphysical” by National University law professor John Ackerman. According to the IFE’s hypothesis, the ballots were “documents” before they were marked by the voters but now they have been reduced to symbolic “expressions of the people’s will” and thus are candidates for the incinerator.

AMLO is sworn to preventing a repeat of the 1988 flimflam and his people are pleading with Azuela’s Supreme Court to stay the December date set for the burning – after all, an Ohio court just stepped in to save what ballots remain from Bush’s stealing of that state’s electoral votes in the smarmy 2004 presidential balloting. Not without a certain sense of déjà vu all over again, the final arbiter in this dispute may well be (who else but?) the TRIFE.

As illustrated by his armed airlift to the TRIFE silo, Felipe Calderon has a problem meeting the people he intends to govern over the next six years. In his first junket as president-elect, Fecal (as his detractors have dubbed him) took a sentimental journey to his native Morelia, the capital of the narco-ridden western state of Michoacan, where he was scheduled to lay a wreathe at the feet of that city’s namesake, Jose Maria Morelos y Pavon, a black defrocked priest who led the guerrilla war against the Spanish Crown several centuries before the 44 year-old Calderon first slithered from the darkness of his PANista mother’s womb.

Calderon’s family on all sides is a founding pillar of the PAN, an Opus Dei-like creature of Catholic bankers formed to denigrate Mexico’s beloved depression-era “Bolshevik” president Lazaro Cardenas, also a Michoacan native whose grandson, also Lazaro Cardenas, now besmirches that hallowed name as governor. Indeed, Calderon ‘s trip to Michoacan was designed to split Lopez Obrador’s three-party Coalition for the Good of All – young Cardenas is titularly a member of the PRD, AMLO’s home party, founded by his father Cuauhtemoc after he was swindled out of the presidency in 1988.

But Felipillo never made it to Morales’s feet (the good padre probably exhaled a sigh of relief). Hundreds of AMLO’s faithful tore down the barricades, tossed the usual rotten eggs and tomatoes at Calderon’s entourage, battled Cardenas’s state police and the elite Presidential military guard, and generally made the venue so unsafe that the wreath-laying had to be called off and the president-elect sped into a nearby locked-down convention center for a speech to a carefully-culled audience of “perfumados” (literally the perfumed ones.)

The draconian security measures at the convention center – sniffer dogs, metal detectors, pat-down searches – were not unwarranted. On the eve of Calderon’s confirmation, in Michoacan’s second city Uruapan, the capital of the state’s “hot lands” where drug cropping accounts for the whole economy, a ski-masked commando burst into a local dance hall, forced the patrons to lie face down on the dance floor under pain of being Swiss cheesed by the automatic weapons they were waving convincingly, and carefully removed five severed human heads from black plastic bags which they artfully arranged in the center of the “pista” (dance floor) with the accompanying message: “the family does not kill for money. It does not kill women. It does not kill innocents. Those who deserve to die, die. Justice is divine.”

This country has been visited by unspeakable acts of narco-terrorism in the months that Calderon has been blaspheming Lopez Obrador as “a DANGER to Mexico” (thanks Sasha for this observation). Such beheadings are now a regular feature of the cityscapes in Acapulco and Tijuana. Corpses are strewn in Baghdad-sized numbers each month in the rural outback of Sinaloa, Jalisco, Guerrero, Michoacan, and Chiapas. Judges are gunned down on their way to court at La Palma, Mexico’s maximum narco-lockup – published reports speak of a “psychosis of fear” spooking the nation’s judiciary. The brains of industry and the stock market are not immune from being splattered all over the street. Last week, the top official of a privatized customs agency part-owned by Fox’s financial secretary Francisco Gil, was cut down by professional hit men on a busy Mexico City street as the end-of-the-administration chickens begin to come home to roost. La Jornada, the left daily, has even gone on “suicide” watch – officials often blow their brains out or sever their veins with box cutters at such moments in the Mexican political dynamic.

The TRIFE’s confirmation of the stealing of the 2006 election has generated an avalanche of accolades for Felipe de Jesus – Bush and his crony ambassador Tony Garza were first in line to extend their congratulations all over again (they did so hours after the deeply flawed preliminary vote count came in July 2nd.) Spain’s Rodriguez Zapatero and his pals at REPSOL were right behind, looking to get in on the ground floor of the fire sale of privatization Calderon has pledged for PEMEX, the once-nationalized state petroleum enterprise. The U.S. State Department’s “democratic” answers to Hugo Chavez and Evo Morales, Alan Garcia and Oscar Arias, along with Salvador’s fawning Tony Saca chimed in. Improbably, so did Nestor Kirschner – can Fidel and Lula be far behind?

But to my ear, the most appropriate toast to Felipe Calderon ‘s confirmation as the next president of this dangerous neighbor nation was one that was not sounded (at least not yet.) In 1994, after Ernesto Zedillo had finally relieved the reviled Carlos Salinas at the wheel of state, the still missing-in-action Subcomandante Marcos scribbled salutations to the new prez that began, much as does this chronicle, “Welcome to the Nightmare.”

This past Sunday, Lopez Obrador’s weekly packed-as-usual revival meeting in the Zocalo transpired parallel to Felipe Calderon’s “victory” celebration, held appropriately enough in a bullring in an affluent district of the capital. AMLO’s numbers as always dwarfed his diminutive rival’s – the PAN reportedly padded out the crowd by requiring the compulsory attendance of Catholic school children and their parents. and the wealthy burghers in the south of the city were said to have obligated their servants to attend.

While the President-elect swore vengeance on his enemies across town, AMLO did not. As always, he let his furious flock call Fecal bad names but eschewed even mentioning his rival. Lopez Obrador had other plans. The seven week, seven mile encampment of his followers that so vex upper and middle class “capitolinos” would stay in place through Friday night, September 15th, the eve of Mexican Independence Day when AMLO intends to deliver the “Grito” of “Viva Mexico!” to the multitudes gathered in the great square, an honor reserved for the President of Mexico.

But rather than challenging the Mexican military, AMLO’s people will then dismantle their encampments and retreat from the Zocalo for 12 hours to allow the Generals and Admirals to conduct their traditional Independence Day parade. “The army belongs to the people, not the government – we have no argument with this institution,” AMLO explained seeking to mollify his militants who are reluctant to step back. “Many members of military families voted for us July 2nd. And besides the troops are so badly paid that they can’t even support their families.”

Once the military procession which always features tanks and jet fighter planes is done with – Vicente Fox will wave it on from a balcony of the National Palace and receive it at the newly refurbished (by the PRD Mexico City government) Angel of Independence – an expected million delegates to Lopez Obrador’s National Democratic Convention (CND) will retake the Zocalo and sit in session to install AMLO as the legitimate president of Mexico.

But Fox, who was prevented from delivering his State of the Union address to congress September 1st when Lopez Obrador’s senators and deputies stormed the tribune, is said to be obsessed with decrying his final Grito from the presidential balcony overlooking the Zocalo. Cornered between his hubris and personal ambition for a notch in history, and the huge angry crowd seething in the plaza below, the outgoing president could make a fatal mistake by turning the military and/or the military police on AMLO’s people to force them out of the Tiennemens-sized square that sits at the heart of Mexico’s political life, a move that indeed invokes both Tiennemens and Tlatelolco where in 1968 hundreds of striking students were massacred by the paranoid, anti-communist president Gustavo Diaz Ordaz, and a wound that has never closed here.

As Sub Marcos so eloquently waxes: “Welcome to the Nightmare.”

John Ross’s “ZAPATISTAS! Making Another World Possible – Chronicles of Resistance 2000-2006” will be published in October by Nation Books and the Blindman will set out on a tour of the left coast from border to border and beyond to flog it. But before the flogging comes the honeymoon. Sasha Crow and John Ross (they met while human shielding in Baghdad) will be traveling in Turkey and Greece for the next few weeks.

Terrorizing the peace marches

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› gwschulz@sfbg.com
If any questions remain today as to how the law enforcement establishment views antiwar activists in the post–Sept. 11 world, just follow the money for answers.
The San Francisco Police Department was paid $3.3 million from the US Department of Homeland Security to cover overtime costs for officers who patrolled the major antiwar demonstrations of early 2003.
After months of haggling, the Governor’s Office of Homeland Security finally turned key records over to the Guardian. They showed that the money came from a federal “critical infrastructure protection” grant and covered police overtime costs that were incurred by the city between March 2003 and October 2004.
The overtime payments concentrated mostly on more than two weeks’ worth of large protests that occurred in San Francisco around the outset of the war in Iraq. On March 23, 2003 — the first full day after the war began, when the city was nearly shut down by the demonstrations and there were nearly 2,000 arrests — the overtime costs covered by terror money alone reached nearly $800,000.
Other days’ payment ranged from $5,000 to as much as $500,000. Most of the Police Department records included in one file the Guardian obtained describe the events as “anti-war demonstrations,” but one protest is identified as an “alternative bicycle event,” while another is listed as a “Global Exchange Protest of Fox News.”
To obtain the federal antiterror funding, local governments must first spend their own money and follow up with a request for reimbursement from the feds. While the critical infrastructure protection grant exclusively covers overtime expenses, the records we obtained happen to show the full amounts motorcycle patrol officers earned to work the protests: sometimes up to $80 an hour.
San Francisco already pays out millions of dollars annually for overtime expenses from the city’s General Fund to cover chronic staff shortages at the Police Department. The San Francisco Office of the Controller predicted in March that overtime expenditures generated by the department would climb to around $20 million by the end of fiscal year 2005, $7 million more than the year before.
During the spring budget process, police officials asked the city for $12.5 million to send 250 new wannabe cops through academy classes. But the department hopes to hire 350 to 400 more sworn and nonsworn employees over the next three years. Mayor Gavin Newsom made new police recruitments a top priority in his proposed budget for fiscal year 2006–07.
In 2003, the San Francisco Chronicle reported that then-mayor Willie Brown intended to cover some of the costs of the city’s widely publicized antiwar protests through federal terror funds. An agreement for the total award between San Francisco and the state, which administers the federal funds, was signed in August 2003 by former budget director Ben Rosenfield, who worked for the both Brown and Mayor Newsom. Spokespeople for Newsom and the Police Department did not answer our inquiries in time.
At the time of the protests, Brown seemed to really stretch in his attempt to link them to a terrorism threat. According to the Chronicle, Brown said, “Terrorists could use the demonstrations as a ‘cover’ to get near the bridges or targeted buildings in the Financial District or Civic Center area.” (G.W. Schulz)

Veto the cable giveaway

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Editor’s note: This editorial has been corrected. An earlier version mischaracterized the effect of the cable bill on municipal finances.

EDITORIAL A terrible bill masquerading as a proconsumer law cleared both houses of the state legislature last week and is now on the governor’s desk. It could cost cities and counties millions of dollars, potentially wipe out local control over cable TV franchises, and give a big boost to AT&T, which is best known these days for cooperating with the Bush administration on illegal wiretaps.
The bill, AB 2987, was introduced by Assembly Speaker Fabian Núñez (D–Los Angeles), but its real sponsor is AT&T. The bill would allow big telecommunications companies to apply to the California Public Utilities Commission (CPUC) for a statewide franchise to deliver cable and video services to California residents. The idea is to make it easier for these companies to offer telephone, Internet, and cable TV service all in one bundle. AT&T and the bill’s other backers say it will increase competition and lower rates. Lenny Goldberg, who runs the California Tax Reform Association and is one of the smartest analysts of economic policy in the state, says the bill will actually lead to increased rates.
But beyond that, there’s a huge problem with the measure. It would effectively take away from cities and counties the ability to regulate local cable TV providers. It would give AT&T or Verizon (or whoever might come along in the future) the ability to ignore local government, get a permit from the state, and deliver service to cities and counties — without having to negotiate a local franchise fee or accept local terms and conditions. Comcast, for example, pays San Francisco millions of dollars a year for the right to sell cable service under the city streets — and under the franchise agreement is required to provide public-access and government channels. A cable provider with a state franchise would never have to go beyond what an existing franchise pays.
Sen. Carole Migden (D–San Francisco), one of only four senators to oppose the bill, argued passionately against giving any favors to AT&T, which has a proven record of turning information on its customers over to the federal government. That’s another excellent reason to oppose the bill, and Gov. Arnold Schwarzenegger should veto it.
Meanwhile, Assemblymember Mark Leno’s industrial hemp bill, AB 1147, is on the governor’s desk and should be signed into law. So should AB 2573, which Leno had to fight the Pacific Gas and Electric Co. for and will help San Francisco expand its solar power production. There’s also Leno’s public records reform bill — and perhaps most important, his bill that would allow San Francisco to impose its own motor-vehicle fee, bringing the city $70 million a year. SFBG

$70 million

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By Tim Redmond

Assemblymember Mark Leno has gotten one of the most important bills of the year through the state Legislature, and if the governor signs it — and he might — it could bring an additional $70 million to San Francisco, enough (for example) to wipe out Muni’s structural budget deficit.

The billl would allow San Francisco the option of imposing a 2 percent fee on motor vehicle registrations — the same fee that every car owner in California paid for years until Gov. Schwarzenegger summarily repealed it, leaving the state with a $5 billion budget deficit.

If the city voters approved it, the fee could be assessed on cars registered in San Francisco. The city would pick up desperately needed cash for public transit, and car owners would be no worse off than they were under every governor in the past 25 years (except for this one).

Congrats to Leno for making this happen — and if it becomes law, the supervisors should move immediately to implement it.

COMMENTARY

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A freelance documentary filmmaker is in jail in Dublin, CA, for refusing to comply with a subpoena to turn over to federal prosecutors the out-takes of his filming of a 2005 street demonstration that turned violent. And two San Francisco Chronicle reporters are packing their bags for jail while they appeal contempt judgments for refusing to reveal to federal prosecutors their sources for evidence given the grand jury in the BALCO investigation.

If I were Governor Arnold Schwarzenegger or California Chief Justice Ronald George, I would be deeply troubled by these developments—not only because of the First Amendment issues at stake, which are huge, but because these federal actions against journalists in California represent a wholesale usurpation of state sovereignty. The Bush administration, which has been justly criticized for attempting to enhance executive power at the expense of Congress, is now eviscerating states’ rights in order to expand the power of the federal government.

William Rehnquist, the conservative former Chief Justice of the U.S. Supreme Court–and intellectual champion of American “federalism”—is no doubt turning over in his grave.

California, like the District of Columbia and every other state except Wyoming, has enacted a “Shield Law” to protect the news media’s independence from government and to assure public access to information about wrongdoing in high places. (Memo to media: stay the hell out of Wyoming.) California’s Shield Law, enacted both as a statute and constitutional amendment, protects the press from subpoenas demanding access to confidential news sources and unpublished information. State shield laws, however, don’t apply in federal proceedings–and the feds have no shield law of their own.

The U.S. Justice Department, in these two California cases and others, had a choice to make: It could defer to the nearly unanimous judgment of the states, or it could decide–states’ rights be damned–that the federal government would insist on enforcement of subpoenas that would be void or illegal in nearly all state courts. It chose the latter.

And so Josh Wolf, the freelance filmmaker whose unused digital film California voters clearly meant to protect from compulsory judicial disclosure, is in jail. And Mark Fainaru-Wada and Lance
Williams, the Chronicle reporters who wrote about the BALCO case, will soon be in federal detention unless the U.S. Court of Appeals for the Ninth Circuit can be persuaded to change course.

The Justice Department’s enforcement proceedings don’t just undermine a valid state policy, they completely nullify it. This is so because reporters and their sources have no way of knowing, at the time of an interview with a source or the filming of a news event, whether a subpoena will issue from a California state court–in which case it can be safely ignored–or from a federal court, in which case it will be enforced through fines, jail, or other sanctions. Since the only safe strategy is to assume that one could end up in front of a federal judge, the state shield law is effectively voided.

To appreciate the extent of federal usurpation of state authority, imagine that the feds were disregarding, not state shield laws, but the attorney-client privilege (which is also a creature of state law). The reason for the privilege, which is recognized in all states, is to encourage people to seek legal advice and to fully disclose relevant information to their lawyers, who are bound to secrecy.

If the U.S. Justice Department took the position that the attorney-client privilege did not apply in federal proceedings, most legal clients, not being able to predict where and how their communications with their lawyer might be sought, would behave as though the states’ attorney-client privilege did not exist. They would not seek legal advice. They would not speak openly with their lawyer.

The feds’ takeover of state sovereignty is especially egregious in the Wolf case. The street demonstration that was caught on Wolf’s video camera involved self-styled anarchists who, in a July 8, 2005 rampage through downtown San Francisco, destroyed property, resisted arrest, and assaulted and injured at least one San Francisco police officer. The persons responsible most certainly should be prosecuted–in state court by state prosecutors and under state law (including the shield law).

How did this quintessentially state law matter become a big federal case? According to their pleadings in U.S. District Court, federal prosecutors assert federal criminal jurisdiction based on damage to a police car, which had been purchased partly with federal assistance. I’m not joking. And the damage to the police car, which is disputed, may have been limited to a broken taillight!

Bad enough that California’s authority is neutered by the feds. Far worse that it is neutered in a case in which a genuine federal interest is nonexistent–indeed, where the putative federal interest is, patently, a pretext for an end-run around California’s shield law.

It’s time that the federal courts wised up and put an end to this. The current appeals of the Wolf and Chronicle cases to the Ninth Circuit Court of Appeals provide an opportunity for the federal judiciary to rein in the Bush Justice Department, reassert the primacy of state law in the area of evidentiary privilege, and highlight the importance of a news media that is–and is seen as–independent of government investigators.
———-
Peter Scheer, a journalist and lawyer, is executive director of the California First Amendment Coalition,

Local blog roundup

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By Tim Redmond

Not a lot hot on this steaming day. A few choice bits:

Randy Shaw hates Aidin Vaziri.

Robert Haaland points out that Jake McGoldrick is trying to get a municipal WiFi network — and explains why he’s against tearing down the Hetch Hetchy dam.

The Sentinel has some great photos of protesters getting arrested while DiFi and the Israeli consul general try to defend the assualt on Lebanon.

Carla Marinucci, who has a thing for Arnold, attacks the latest Angelides ad — but this time, she has a point. The last time a Democrat tried to dismiss a GOP candidate for California Governor as just an “actor,” it was 1966, and the Dems didn’t do so well.

Okay, it’s not local, but if you have any ties to Connecticut (where I used to live) or you hate Joe Liberman (as a lot of us do), you’ll love this.

THURSDAY

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JUlY 6

LECTURE
Peter Camejo
Hear former Green Party candidate for California governor Peter Camejo talk about his new book on how corporations have taken control of our state, California Under Corporate Rule. (Deborah Giattina)

7:30 p.m.
Modern Times Bookstore
888 Valencia, SF
Free
(415) 282-9246,

Film
“Too scary for DVD”
Poor Roberto is a rock ‘n’ roll drummer who tangles himself up in a bizarre mess of murders. Featuring classic deaths like the needle-to- the-heart, and of course the “Did that guy really die?” death, Four Flies on Grey Velvet is more than any film buff could hope for. This rare Argento giallo has never been available on DVD or VHS but lucky you – you live in San Francisco! The Yerba Buena Center for the Arts will be showing an offbeat 35mm horror film every Thursday in July. Later this month David Lowell Rich’s Eye of the Cat will change the way you look at felines. Think you have landlord problems? Watch Richard Fleischer’s 10 Rillington Place. Finally, watch Donald Cammell’s White of the Eye for the best in psycho-delic slash. (K. Tighe)

Every Thursday in July
7 p.m., 9:15 p.m.
YBCA Screening Room [www.ybca.org]
701 Mission, SF
$6-$8
(415) 978-ARTS

Don’t fear the t-word

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EDITORIAL The attack ads started almost the moment Phil Angelides won the Democratic nomination for governor, and they’ll continue until November, funded by Gov. Arnold Schwarzenegger’s seemingly bottomless war chest and carrying a misleading message that has become the vicious refrain of right-wingers everywhere:
The Democrat wants to raise your taxes.
Let’s get this straight, just for the permanent record: Angelides is not proposing to raise taxes on anyone who makes less than $500,000 a year. That’s means the vast majority of all Californians will not face a tax hike under the economic proposals the Democratic candidate for governor has set forth. Angelides wants to do something that Democrats (and Republicans) considered perfectly reasonable public policy for more than half a century, until the wing nuts got ahold of American economic policy: He wants to make the very wealthy pay a reasonable share of the costs of society.
The philosophy here is simple: Millionaires have reaped the benefits of this society — far more so in most cases than those who are struggling at the margins. They can afford to pay a higher marginal tax rate. They’ve won huge tax cuts on the federal level and pay far less in taxes than their peers in almost every other industrialized society. Asking the top tier of the taxpayers to cough up a little more money (nowhere near as much as they did in the 1960s and 1970s, but a little bit more) to get the state’s revenue in line with its spending is hardly a radical idea.
Californians want extensive public services. Schwarzenegger’s approach to providing them is to borrow more money. That’s never a terribly good idea, and given the state of the state’s pocketbook, it’s a particularly bad idea right now.
So Angelides is actually talking fiscal sanity — but a lot of people aren’t going to get the message. The “no new taxes” mantra is so powerful that it could well be the biggest factor in the fall election — and could mean defeat for Angelides unless he moves now, aggressively, to counter it.
His campaign, which in the primary was bold on policy but thin on promoting it, ought to turn the governor’s attacks upside down. Imagine a series of ads that went like this:
Phil Angelides wants to raise taxes — on Arnold Schwarzenegger. Or: Phil Angelides wants to raise taxes — his own. Or: Phil Angelides wants to raise taxes — but not yours.
Democrats who are willing to talk seriously about economic inequality in our society get accused of waging “class warfare.” Angelides, who made a personal fortune as a real estate developer, is in an excellent position to make a national statement about how wrongheaded and dangerous that sort of attack can be. And he’s in an excellent position to start a national conversation that’s long overdue — and start it in a state that brought America the awful “tax revolt” of the 1970s.
Memo to Mr. Angelides: Don’t fear the t-word. Use it right, and it will put you in the governor’s office. SFBG

first results

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By Tim Redmond
At City Hall
First results are in, mostly the more-conservative absentees, and even so, there are some surprises. Leland Yee is way, way ahead in the state senate races, 66 percent to 27 percent (although part of the district is in San Mateo, so Yee can’t quite celebrate yet.

Fiona Ma is well up on Janet Reilly, 58-41.

In the governor’s race, Angelides and Westly are close, but Angelides is ahead, 47-44 percent. Remember, this is among absentees. I’d say that a good sign of Angelides taking San Francisco easily — let’s see what it means for the rest of the state.

maybe tomorrow

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By Tim Redmond
At City Hall

Just in case anyone hasn’t figured this out yet, we may not know until tomorrow who the Democratic candidate for governor is. That’s because Alameda County, which hasabout five percent of all democratic voters, won’t be finished hand-counting — yes, hand-counting — ballots. The L.A. Times has the scoop on what happened in some detail.

endorsements

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For those of you who are still trying to vote, I’m really sorry that our endorsements haven’t been available, but here they are:

The Clean Slate
Our endorsements for the June 6 election. Tear off and take to the polls
National races
Senate
(D) No endorsement
(G) Senate
Todd Chretien
Congress, District 6
(D) Lynn Woolsey
Congress, District 7
(D) George Miller
Congress, District 8
(D) No endorsement
Congress, District 8
(G) Krissy Keefer
Congress, District 9
(D) Barbara Lee
Congress, District 11
(R) Pete McCloskey
Congress, District 12
(D) No endorsement
Congress, District 13
(D) Pete Stark
State races and propositions
Governor
(D) Phil Angelides
Lieutenant governor
(D) Jackie Speier
Secretary of state
(D) Debra Bowen
Controller
(D) Joe Dunn
Treasurer
(D) Bill Lockyer
Attorney general
(D) Jerry Brown
Insurance commissioner
(D) Cruz Bustamante
Board of Equalization, District 1
(D) Betty Yee
Superintendent of public instruction
(nonpartisan) Jack O’Connell
Senate, District 12
(D) Leland Yee
Assembly, District 12
(D) Janet Reilly
Assembly, District 12
(G) Barry Hermanson
Assembly, District 13
(D) Mark Leno
Assembly, District 14
(D) Loni Hancock
Assembly, District 16
(D) Sandré Swanson
Proposition 81
YES
Proposition 82
YES
San Francisco races and propositions
Superior Court, Judicial Seat 8
Eric Safire
San Francisco Democratic County Central Committee:
District 12
Susan Hall, Trevor McNeill, Jane Morrison, Melanie Nutter, Connie O’Connor, Roy Recio, Arlo H. Smith, David Wong
District 13
Bill Barnes, David Campos, Gerry Crowley, Rick Galbreath, Michael Goldstein, Robert Haaland, Joseph Julian, Rafael Mandelman, Tim Paulson, Laura Spanjian, Holli Thier, Scott Wiener
Proposition A
YES
Proposition B
YES
Proposition C
NO
Proposition D
NO
Alameda County races and measures
Assessor
Roy Thomsen
Auditor-controller
Patrick O’Connell
District attorney
No endorsement
Sheriff
Gregory J. Ahern
Superintendent of public instruction
Sheila Jordan
Superior Court, Judicial Seat 22
Fred Remer
Measure A
YES
Measure B
NO
Oakland races
Mayor
Ron Dellums
Auditor
Courtney Ruby
City Council, District 2
Aimee Allison
City Council, District 4
Jean Quan
City Council, District 6
Desley Brooks
School board, District 2
David Kakishiba
School board, District 4
Gary Yee
School board, District 6
Chris Dobbins
Live election night coverage at www.sfbg.com
For detailed explanations of our endorsements and a printable version of this slate card, go to www.sfbg.com.

Lame campaigns

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By Tim Redmond

The polls have the Democratic primary for governor way too close to call, with some showing Westly moving up and some suggesting that Angelides has the momentum — and all of them showing that almost a third of the voters haven’t made up their minds the day before election day. Randy Shaw at BeyondChron predicts an Angelides win because the hard-core Democrats are most likely to go to the polls. Markos at DailyKosgives a nod to the possibiity that negative campaigning has turned a lot of voters off, but he goes further, saying that both sides have run lousy campaigns.
The constant internal warfare matters in this race a lot more than the nastiness in the Reilly-Ma contest. The candidate who takes the Democratic Assembly primary in SF is the sure winner in November; the Republicans don’t have a chance (although if the winner is Ma, I’m voting for Barry Hermanson. But either Westly or Angelides will have to unite the party and fight an ugly battle against Arnold in the fall, and this shit won’t help a bit.

Dastardly dailies

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Why oh why does San Francisco have such terrible daily newspapers? In one of the most progressive cities in the country, why must we be subjected to Carla Marinucci’s regular hit pieces on the most liberal candidate in any race on the Chronicle’s front pages, or Examiner columnist Ken Garcia’s sanctimonious, truth-challenged screeds against progressives? Why do these papers so consistently sabotage human progress?
If you’re looking for evidence of the Chron’s political agenda, just read Marinucci’s two front-page stories in the last two days, both of which made the exact same accusation against gubernatorial hopeful Phil Angelides: The stories said rich developer Angelo Tsakopoulos was trying to buy the election, and a future governor’s allegiance, with about $9 million worth of independent expenditures favoring Angelides.
Such editorial overkill is clearly designed to hurt Angelides and help his Chronicle-endorsed challenger, Steve Westly. Why else would both articles bury or ignore key facts in the story?
Tsakopoulos isn’t the political neophyte Marinucci pretends he is. He’s actually been one the top regular contributors to Democrats for almost a generation (Bill Clinton used to stay with Tsakopoulos during California visits throughout his presidency); he’s also a close friend and mentor to Angelides, not simply someone trying to buy his way into a position of influence. Tsakopoulos already had Angelides’ ear; he didn’t need to spend a dime to get it.
I’m certainly not arguing that sizable independent expenditures aren’t notable, worrisome, or newsworthy. In fact, the Guardian this week reported that Sup. Fiona Ma has benefited from more than $750,000 in IEs on her behalf, most of that from the same sorts of corporate power brokers that the Chronicle regularly supports.
So why didn’t this story make the Chronicle’s front page even once, let alone on two consecutive days the week before the election? After all, the money spent on Ma’s behalf was a far higher percentage of the campaign spending in that race – and will likely have a bigger impact – than what Tsakopoulos spent on the governor’s race.
And it came from sources who really do have an interest in influencing Ma – the tobacco and liquor lobbies, gaming interests, developers, and her old boss, John Burton, who wants to retain his power broker status.
Maybe one reason is the fact that the Chronicle endorsed Ma and has been running the very attack ads that these IEs paid for (which, not so coincidentally, run right next to the web versions of Marinucci’s stories).
Another reason could be Marinucci’s barely concealed schoolgirl crush on Gov. Arnold Schwarzenegger, who her articles have described in terms that are flattering and deceptive (see “Couple in the news," www.sfbg.com/40/17/news_shorts.html). It happens again and again. Just pop over to sfgate.com, do a search using “Marinucci and Schwarzenegger” and you’ll see what I mean.
I sent an e-mail to Marinucci and five Chronicle editors raising these points, and here was Marinucci’s response: “As a longtime reader of the San Francisco Bay Guardian, I’m going to refer you to a wonderful motto which I know your publisher, Bruce Brugmann, and many of the people on your staff understand. It’s on your paper’s masthead: "It is a newspaper’s duty to print the news and raise hell.”
    “It’s absolutely your right not to like our stories. Sometimes, the candidates — Republicans and Democrats — don’t like them either.  There’s no hidden agenda or anything else in play, another than another old newspaper motto that Brugmann also understands well: that we do the job "without fear or favor, regardless of party, sect, or interest involved."
I responded that her quotes didn’t seem to answer my questions, particularly because the second one seems to directly contradict her approach to political coverage, in which she seems to reserve her attacks for the most liberal candidate in any race. But she didn’t respond to my follow-up questions. 
We at the Guardian have our own bias – a progressive bias – and we spend more column-inches helping our friends and hurting our enemies than the other way around. It’s something we’ve always been honest about, unlike the Chronicle, which pretends to the high standard of “objectivity.” We strive for fairness to all sides and don’t apologize for advocating the broad public interest.
But we have no self-interest in our approach. We don’t like Ma’s opponent, Janet Reilly, because she’s going to defend our corporate interests in Sacramento. We like her simply because she’s far smarter and more progressive than Ma. And we don’t like the IEs attacks on her because they attempt to fool voters into believing just the opposite – deceptively misrepresenting where these two candidates fall on the political spectrum — something all newspapers should actively oppose.
Yet neither Ma, Marinucci, Garcia, nor any of the wealthy interests they represent seem to have much regard for the truth, at least around election time. I suppose that’s their prerogative, and perhaps just the nature of the beast. But San Franciscans deserve better, and they should be offended that they aren’t getting it from their daily newspapers.    
 

{Empty title}

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› tredmond@sfbg.com

The San Francisco Board of Education agreed this month to spend a little north of $1.3 million fixing up some dilapidated bungalows at Rooftop Elementary, which happens to be one of the most popular schools in the district. This sounds like a fine idea. The school has too many kids to fit in the classrooms, and the outdoor bungalows, which handle the overflow, are in pretty bad shape. The school district’s facilities officer, an architect, says the students are in no immediate danger, but seriously: How can anyone be against repairing rotten old school buildings?

Well, I’m against it.

Here’s the thing: The board just shut down a bunch of schools, many of them serving primarily nonwhite populations, to save a few million bucks. The rationale: The district is short of money, and those schools were underenrolled there were too many empty spaces in the classrooms. So they could be closed and the kids sent to other schools. Closing John Swett in the Western Addition, for example, infuriated a large African American community, but saved around $650,000.

Now think about this slowly for a moment, and see if it makes any sense to you: We’ve got a school that has too many kids, so they’re crammed outside in old bungalows. And we’ve got a school that has empty classrooms, so we’re going to shut it down. Instead of trying to move some of the kids from Rooftop to Swett which costs nothing we’re saving $650,000 by closing Swett, then spending twice as much as we saved rebuilding the Rooftop bungalows.

Isn’t there something really screwy here?

Well, of course, there’s an explanation: Rooftop has a long waiting list, and all the upper-middle-class white people want to send their kids there. I understand it’s got a great program, great teachers, and a parent community that raises a ton of money every year for curriculum enrichment.

And I know I’m not as smart as all the people with advanced education degrees at school district headquarters. But I have to wonder: Why can’t we take what’s good about Rooftop a couple of the teachers, the overall program approach, maybe even (gasp) some of that fundraising cash and, you know, export the revolution? Why not make Swett sort of a Rooftop Annex? Save the money, help the kids, don’t close anything everybody’s a winner.

Sarah Lipson, one of two school board members who opposed the bungalow rebuild (Mark Sanchez was the other) told me the whole deal was crazy. "How can we talk about long-range planning and then do this?" she asked.

The district wouldn’t have to kick anyone out of Rooftop this year the bungalows aren’t going to fall off the hillside, and they’ll hold up another 12 months. There’s supposed to be a real community-based process to evaluate facilities and school closures anyway; why not make this part of it?

Do I really have to answer that question?

Now this: The attack ads and scare tactics of this spring’s campaign are even worse than usual. The "shocking secret" flyer, with the older woman with a photoshopped black eye, attempting to convince people to vote for Proposition D, ranks number one on the sleaze list. The hit on Mike Nevin for a 30-year-old voter fraud charge is truly special, as is Nevin’s hit on Leland Yee, which purports to show Yee lifting weights with the governor.

Aren’t there any real issues in these races? SFBG

{Empty title}

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› tredmond@sfbg.com

I was sitting peacefully at home, watching the final episode of The West Wing, which my partner describes as "liberal porn," when Steve Westly drew first blood in the governor’s race.

We all knew there’d be some negative ads before this was over, and frankly, all the hand-wringing about the evil of negative campaigning has never really appealed to me: Politicians have been launching vicious, often slanderous attacks on their opponents since the dawn of democracy. But this one made me furious.

The simple story is that Westly borrowing a chapter from the Book of Rove is assailing Phil Angelides for wanting to tax the rich. And he’s doing it in the most misleading, unprincipled, and utterly disgraceful way.

The ad features what seems like a crushing list of new taxes that Angelides wants to impose $10 billion worth, Westly’s hit squad claims. Then it winds up with a smarmy tagline: "With high gas prices, housing and health care costs, can working families afford Phil Angelides’s tax plan?"

Of course, Westly had pledged some time ago not to be the first candidate to attack the other by name, but what the hell: The election’s coming up, the race seems to be narrowing, and this guy will do whatever’s necessary to win.

But more than that, with this ad Westly is promoting the exact mentality that has damaged public education, health care, environmental protection, infrastructure needs, and so much else of what used to be the California dream. Republicans love to hit Democrats on taxes, and we’ll see plenty of that in the fall, no matter who’s the nominee. And for Westly to start the "no new taxes" cry just leaves the Democrats politically crippled.

For the record, Angelides is right: The state needs more tax revenue. And under his proposal, most of it would come not from "working families" who are worried about their gas bills but from people like, well, Steve Westly and Phil Angelides millionaires. His proposed income tax increase only affects households with more than $500,000 in income. Sorry: You’re in that range, you can afford it.

So Mr. Westly: Stop with the antitax lies. This shit makes me sick.

On to the good news.

I get the feeling, from over here in San Francisco, that there’s a real change afoot in East Bay politics. For the past few years, a not-so-loose cadre made up of state senator Don Perata, Mayor Jerry Brown, and Councilmember Ignacio De La Fuente has been consolidating power in Oakland, calling the political shots and giving developers a blank check. Two of the three have real, ahem, ethical issues, and one’s itching to leave town for Sacramento, but so far, nobody’s been able to truly challenge them.

Until Ron Dellums.

Now, I know that Dellums has been out of Oakland for years, that he’s a DC lobbyist, and I’ve heard the rap that he’s long on rhetoric and short on urban policy ideas. But we met him last week, and I can tell you that, at 71, he’s still one of the most energetic and inspirational speakers around, and if he’s elected mayor, he will, by force of personality and national stature, instantly become a center of power that’s distinct from (and will often be in opposition to) the Perata<\d>De La Fuente bloc. SFBG

{Empty title}

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› tredmond@sfbg.com

I was sitting peacefully at home, watching the final episode of The West Wing, which my partner describes as "liberal porn," when Steve Westly drew first blood in the governor’s race.

We all knew there’d be some negative ads before this was over, and frankly, all the hand-wringing about the evil of negative campaigning has never really appealed to me: Politicians have been launching vicious, often slanderous attacks on their opponents since the dawn of democracy. But this one made me furious.

The simple story is that Westly borrowing a chapter from the Book of Rove is assailing Phil Angelides for wanting to tax the rich. And he’s doing it in the most misleading, unprincipled, and utterly disgraceful way.

The ad features what seems like a crushing list of new taxes that Angelides wants to impose $10 billion worth, Westly’s hit squad claims. Then it winds up with a smarmy tagline: "With high gas prices, housing and health care costs, can working families afford Phil Angelides’s tax plan?"

Of course, Westly had pledged some time ago not to be the first candidate to attack the other by name, but what the hell: The election’s coming up, the race seems to be narrowing, and this guy will do whatever’s necessary to win.

But more than that, with this ad Westly is promoting the exact mentality that has damaged public education, health care, environmental protection, infrastructure needs, and so much else of what used to be the California dream. Republicans love to hit Democrats on taxes, and we’ll see plenty of that in the fall, no matter who’s the nominee. And for Westly to start the "no new taxes" cry just leaves the Democrats politically crippled.

For the record, Angelides is right: The state needs more tax revenue. And under his proposal, most of it would come not from "working families" who are worried about their gas bills but from people like, well, Steve Westly and Phil Angelides millionaires. His proposed income tax increase only affects households with more than $500,000 in income. Sorry: You’re in that range, you can afford it.

So Mr. Westly: Stop with the antitax lies. This shit makes me sick.

On to the good news.

I get the feeling, from over here in San Francisco, that there’s a real change afoot in East Bay politics. For the past few years, a not-so-loose cadre made up of state senator Don Perata, Mayor Jerry Brown, and Councilmember Ignacio De La Fuente has been consolidating power in Oakland, calling the political shots and giving developers a blank check. Two of the three have real, ahem, ethical issues, and one’s itching to leave town for Sacramento, but so far, nobody’s been able to truly challenge them.

Until Ron Dellums.

Now, I know that Dellums has been out of Oakland for years, that he’s a DC lobbyist, and I’ve heard the rap that he’s long on rhetoric and short on urban policy ideas. But we met him last week, and I can tell you that, at 71, he’s still one of the most energetic and inspirational speakers around, and if he’s elected mayor, he will, by force of personality and national stature, instantly become a center of power that’s distinct from (and will often be in opposition to) the PerataDe La Fuente bloc. SFBG

{Empty title}

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tredmond@sfbg.com

I was in upstate New York last weekend, flying low over farmlands and old industrial cities in one of those bumpy little "commuter" planes, then driving through small towns in areas that, I’ll say politely, have seen better economic days. And yet, everywhere I went, a landmark stood out: From the air and from the ground, the public schools seemed universally spacious and well maintained. They had nice baseball and football fields, all-weather tracks, and new playground equipment. I didn’t go inside, but I can tell you nonetheless that the schools in most of New York are way better than the schools in most of California.

And there’s a good reason for that.

My brother owns a house in Putnam Valley, a small town about two hours north of New York City. He bought it 15 years ago, for about $105,000, and while it has increased in value, it’s still assessed at way less than half of what I paid for my house in San Francisco. And yet he pays more property taxes than I do.

He’s a contractor, a small-business person, subject to the volatile whims of the home-building industry, and he’s trying to support two kids and save money for their college fund. He pays $5,000 a year in school taxes alone, and it’s a real burden.

But for that money, he gets to send his kids to public schools that are better than most $25,000-a-year private schools. He considers it a bargain.

In New York they spend about twice as much per student as we do in California. That money has to come from somewhere, and a lot of it comes from property taxes. This isn’t rocket science even people educated in California should be able to figure it out: You want good schools, you have to pay for them.

Then I came back and met with Steve Westly, the state controller and the front-runner for the Democratic nomination for governor. Westly loves to talk about education but he’s not even willing to commit to seeking changes in Proposition 13 that would allow for higher property taxes on commercial buildings to pay for the schools.

It’s this air of unreality we have in California. For 28 years, since the "tax revolt" movement was born in this state, politicians have pandered to the selfish among the voters (and that’s most of them, it seems) by saying they can have it all for free. We’ve been promised a beautiful state with lots of parkland, top-rate public schools and colleges, massive spending on cops and prisons, stable union jobs for public employees, abundant water for thriving agriculture, extensive resources to meet urban problems … and low taxes for all.

Let’s party.

Westly’s Democratic opponent, Phil Angelides, is at least honest: He promises the same sorts of things Westly does, but he admits that somebody will have to pay for them. He’s focusing on the wealthy, which is the right idea this is a rich state, and the millionaires have done quite well the past few years. But the rest of us will get hit a bit too, and I hate to say it, but we should.

Because the teachers don’t have to be underpaid, the roads don’t have to be crumbling, the parks don’t have to be overcrowded, the hospitals don’t need to be teetering on the edge of collapse. We can have high-speed rail to LA.

Taxes are a small sacrifice for the public good. My parents’ generation seemed to get that. California’s baby boomers apparently don’t. SFBG

How to fight Singleton’s monopoly

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EDITORIAL Six members of Congress wrote to the Bush administration last week urging a full Justice Department review of the pending deal that will give one company the Denver-based MediaNews Group control over virtually every daily newspaper in the Bay Area. The letter is a signal that federal regulators may be unable to simply duck this merger but it will take a lot more pressure to block it.

As we reported last week, MediaNews, run by Dean Singleton, is planning to take over the San Jose Mercury News, the Contra Costa Times, the Monterey Herald, and the St. Paul Pioneer Press. That would mean every big central Bay Area daily except the San Francisco Chronicle would be owned by one company. And to make it worse, Hearst the New York Citybased owner of the Chron has signed on with MediaNews as part of the deal: Hearst will buy the Monterey and St. Paul papers, then immediately trade them to MediaNews in exchange for stock in some other MediaNews ventures.

The implications are staggering. The deal sets the scene for an unprecedented level of local media consolidation and could lead to a scenario in which all the business, advertising, and even editorial functions of almost every Bay Area daily would be run out of one central office.

Reps. Zoe Lofgren, George Miller, Anna Eshoo, Ellen Tauscher, Barbara Lee, and Mike Honda wrote: "We are concerned that this transfer could diminish the quality and depth of news coverage in a Bay Area of more than 9 million people." That’s a good concern: Singleton, known as "lean Dean," is known for ruthless cost-cutting and is likely to reduce news staffing at all of the papers to save money. He’s also likely to take advantage of a virtual monopoly on daily print to jack up advertising rates, hurting businesses and consumers.

The letter quotes Reps. Mark Kennedy and Jim Oberstar of Minnesota as noting: "A monopoly in the newspaper industry is certainly no less dangerous, and is perhaps more so, than in any other American industry." Which is exactly the point: When control of something as essential as civic information is in the hands of too few people, it’s a direct threat to democracy.

It’s clear that the Internet has made daily newspapers less powerful and less essential. But in the Bay Area (and in most of the country) there’s simply no Web alternative that can do the work of a daily paper. Real watchdog journalism requires a staff reporters to go to meetings, to challenge politicians, to stay on top of City Hall and so far, nobody’s found a financial model that allows that to happen purely online.

So the threat of one single entity controlling news and information to such a huge extent ought to be a major issue across the state, particularly in the area where MediaNews has most of its holdings. We’re glad that some members of Congress are pressuring the White House, but we don’t really expect Bush’s Justice Department to mount a full-court press on this one. That effort is going to have to come from the state and from local government.

We’ve asked both Democratic candidates for governor about the issue, and both at least showed some interest. Phil Angelides didn’t seem to know much about it until we clued him in, but he said he was "concerned." He needs to do better: A strong statement opposing the deal would be a good start. Steve Westly is friendly with the Newspaper Guild folks in San Jose and has supported their efforts, but he has also stopped short of a blanket statement that the merger must be derailed. And neither the current attorney general, Bill Lockyer, nor either of the major contenders for the job (Jerry Brown and Rocky Delgadillo) has said much of anything.

However, state senator Carole Migden expressed some interest in holding hearings in Sacramento, and that ought to happen immediately. Lockyer should be asked to explain what he’s doing to stop the deal and the publishers should be asked to reveal the details of the merger and their future plans (see "A Few Questions for the Publishers," page 7).

Every city in the Bay Area should take this on too, starting with the San Francisco Board of Supervisors, which should hold hearings and pass a resolution demanding that Lockyer block the deal.

Only serious grassroots opposition can prevent this monster of a media monopoly. There’s no time to waste. SFBG

PS Where were Reps. Nancy Pelosi and Tom Lantos on the congressional letter? We’ve left word with their offices, but haven’t heard back as to why they didn’t sign it.

Single town?

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Like Clear Channel radio stations, many smaller papers would have little or no staff, nobody to answer the phone, nobody to take local tips and cover local news … they would be nothing but shells of once-thriving community newspapers.

This map, prepared by the San Jose Newspaper Guild, shows all of the newspapers that will soon be owned by Dean Singleton’s MediaNews Group. MediaNews started out with 11 papers, and the addition of 33 Knight-Ridder papers will give the Denver-based outfit a total of 44 daily and community papers in the Bay Area.

Most of the daily newspaper coverage of the deal (including the coverage by Knight-Ridder and MediaNews papers) has focused on the four biggest papers involved and ignored the smaller papers altogether — a sign, perhaps, that neither chain cares that much about community publications.

Currently owned by MediaNews: (1) Alameda Times Star; (2) Fremont Argus; (3) Hayward Daily Review; (4) Marin Independent Journal; (5) Milpitas Post; (6) Oakland Tribune; (7) Pacifica Tribune; (8) San Mateo County Times; (9) Tri-Valley Herald; (10) Reporter (Vacaville); (11) Vallejo Times-Herald.

Currently owned by Knight-Ridder, soon to be taken over by MediaNews: (1) Alameda Journal; (2) Almaden Resident; (3) Berkeley Voice; (4) Brentwood News; (5) Burlingame Daily News; (6) Campbell Reporter; (7) Concord Transcript; (8–11) Contra Costa Newspapers (Contra Costa Times, West County Times, Valley Times, San Ramon Times); (12) Contra Costa Sun; (13) Cupertino Courier; (14) East Bay Daily News; (15) El Cerrito Journal; (16) Antioch Ledger-Dispatch; (17) Los Gatos Daily News; (18) Los Gatos Weekly-Times; (19) Montclarion; (20) Monterey County Herald (not shown); (21) Palo Alto Daily News; (22) Pleasant Hill/Martinez Record; (23) Piedmonter; (24) Redwood City Daily News; (25) Rose Garden Resident; (26) San Jose Mercury News; (27) San Mateo Daily News; (28) Saratoga News; (29) Sunnyvale Sun; (30) Salinas Valley Advisor (not shown); (31) Walnut Creek Journal; (32) West County Weekly; (33) Willow Glen Resident. MediaNews owns 29 other California publications.

Stop Singleton’s media grab!

EDITORIAL At first glance, it looks like one of the oddest deals in recent newspaper history: McClatchy, the Sacramento-based newspaper chain, buys the much bigger Knight-Ridder chain, then sells two of the Knight-Ridder papers to MediaNews Group, run by Dean Singleton out of Denver, and two to the New York Citybased Hearst Corp., which owns the San Francisco Chronicle. Then Hearst immediately sells its two papers to Singleton’s shop, in exchange for an equity share in MediaNews operations outside of the Bay Area.

The upshot: MediaNews will take over the San Jose Mercury News and the Contra Costa Times, along with some 33 small-market dailies and weeklies, which, combined with the 11 Bay Area papers the chain already owns, will give Singleton control of every major daily newspaper in the Bay Area except the Chronicle.

It creates the potential for a newspaper monopoly of stunning proportions and threatens the quality of journalism in one of the most populous, educated, and liberal regions in the nation. Singleton, known as "lean Dean" for his cost-cutting moves, is likely to slash staffing at papers like the Times and the Merc, consolidate news gathering, and offer readers less local news.

In fact, in its most recent annual report, filed with the Securities and Exchange Commission, MediaNews outlined its strategy for profitability. "One of our key acquisition strategies is to acquire newspapers in markets contiguous to our own," the report states. This so-called clustering strategy allows the company to consolidate advertising and business functions as well as news gathering. "We seek to increase operating cash flows at acquired newspapers by reducing labor costs," the report notes.

In other words, a smaller number of reporters will be doing fewer stories, which will run in more papers. This, Luther Jackson, executive officer of the San Jose Newspaper Guild, argues, "means cookie-cutter coverage and fewer voices contributing to important public policy debates."

There are deeper concerns with this deal including the possibility that Hearst and Singleton could be forming an unholy alliance that would nearly wipe out daily competition in the Bay Area.

The whole mess has its roots in the decision by the Knight-Ridder board several months ago to put the company up for sale. It was the kind of decision that demonstrates the problems with treating newspapers like baseball cards, to trade on the open market: Knight-Ridder was quite profitable, ran some of the better newspapers in the nation, and had a reputation (by chain standards, anyway) of being willing to spend money on the editorial product. But the stock price wasn’t quite high enough, and a few big shareholders (who weren’t satisfied with 20 percent profits) were complaining, so the entire company went on the block.

McClatchy, a well-managed company that has the Sacramento Bee as its flagship, wanted some of the Knight-Ridder papers but only the ones in fast-growing markets. So after submitting a winning bid, the McClatchy folks starting looking for ways to dump the San Jose Mercury News, the Contra Costa Times, the Monterey Herald, the St. Paul Pioneer-Dispatch, and some 20 smaller community papers in the Bay Area.

But why, exactly, is Hearst getting involved? Well, Peter Scheer, a former antitrust lawyer who runs the California First Amendment Coalition, has some theories. The first possible reason? Hearst has plenty of cash on hand, and the deal would allow MediaNews to avoid having to seek as much financing from bankers.

More likely: Hearst through the Chronicle would have been Singleton’s only local competitor, and is the only significant political player in California that could have pressured regulators to oppose the deal. The arrangement, Scheer says, turns Hearst from a potential foe into a partner. Already the two companies have announced they may seek to share distribution systems. And there may be other plans in the works.

In fact, one of the most interesting ideas about the deal comes from a former Chronicle assistant managing editor, Alan Mutter, who writes a blog called Reflections of a Newsosaur (newsosaur.blogspot.com). Mutter suggests that the deal might lead to the end of real newspaper competition in the Bay Area, for once and for all. "Hearst," he speculates, "hopes at some point to work with MediaNews to extricate itself from the costly problem posed by the San Francisco Chronicle, which is widely believed to be losing about $1 million per week."

The idea: Down the road, Hearst merges the Chron with MediaNews or, if the Justice Department won’t allow that, the two companies enter into a joint operating agreement. A JOA works like this: The two companies share all printing, business, sales, and distribution operations, run two theoretically separate newsrooms, and at the end of the day split the profits. The Chron and the Examiner were run for years under a JOA, and it was terrible for readers: With no economic incentive to compete, both papers stagnated. But it can be the equivalent of a license to print money.

"Unlike some publishers who shun JOA relationships," Mutter notes, "Dean Singleton has embraced them and seems to be making them work in places like Denver and Detroit. Is the San Francisco Chronicle next on his list?"

Imagine what a near-complete monopoly of Bay Area dailies in the hands of a notorious cost-cutter would mean. For starters, we can count on more standardized, conservative politics (at least the Knight-Ridder papers opposed the war). Perhaps all reporting and editing would be consolidated into one newsroom, in San Francisco or San Jose. Like Clear Channel radio stations, many smaller papers might wind up with little or no staff, nobody to answer the phone, nobody to take local tips and cover local news … they’d be nothing but shells of once-thriving community newspapers. They would have abandoned the crucial local-watchdog role of a daily newspaper (and made life more difficult for the few remaining independents).

The fact that this is a possible, even likely, scenario is alarming. In short order, one company could control every major daily in the Bay Area (except the Examiner and the Santa Rosa Press-Democrat) fixing prices, sharing markets, pooling profits, and keeping ad rates artificially high and the quality of journalism abysmally low.

Have there been discussions around this? What is Hearst’s real interest here, and how does it jibe with Singleton’s dream of a massive regional "cluster"? Until we know the answers, the MediaNews-McClatchy deal should never go forward.

It’s almost too much to ask that the Bush administration, which loves big-business mergers, give it a thorough review. But the California attorney general has grounds to challenge it too.

AG Bill Lockyer completely ducked on the deal that merged the two largest chains in the alternative press, Village Voice Media and New Times. He can’t be allowed to duck this one: There must be a detailed, public investigation, and the newspaper chains must come clean and release the details of the deal. The two leading Democratic candidates for attorney general, Jerry Brown and Rocky Delgadillo, need to make this a top issue in the campaign. It should be an issue in the governor’s race, and every city and town that’s affected, including San Francisco, should pass a resolution against the merger. SFBG

PS Local arts and community organizations on the Peninsula are alarmed about the deal for another reason: Knight-Ridder contributes millions of dollars a year to those groups. Will Singleton continue that tradition?

Bay Area Congressional letter to DOJ re. KR sale antitrust concerns 

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tredmond@sfbg.com

Editor’s Note

The Healthy Saturdays folks were out leafleting in Golden Gate Park this weekend, on a stunningly beautiful Sunday, along with thousands of other people enjoying the car-free sunshine. The message on the handouts: Call the mayor (554-7111); the supervisors have approved a plan to at least try extending the car ban to Saturday, and now it’s in the mayor’s court.

Which will be interesting, as Steven T. Jones reports on page 19, because Gavin Newsom thinks of himself as an environmentalist who is pro-bicycle and propublic transportation but the people who were a big part of his political base from day one are upper-crust de Young Museum types who, for their own selfish reasons, don’t want the roads in the park closed.

De Young Museum baroness Dede Wilsey and Ken Garcia, the San Francisco Examiner‘s resident crank, are the chief architects of the argument that the Saturday road closure is a bad idea. They’re pushing this God-and-the-flag line "let the voters decide" and claiming that since a similar plan lost at the ballot once, only a public referendum would be adequate authority for a rather simple land-use decision. Put it to the voters, they say; that’s fair, right?

Well, I’m not here to dis American democracy or anything, but there’s a little secret I want to share: Most elections aren’t fair. Anytime the size of the electorate is larger than about 40,000 voters (a typical San Francisco supervisorial district), you can’t effectively communicate your message without a big chunk of money and the larger the jurisdiction, the more money it takes.

Consider California.

There are three major candidates for governor, and all of them are wealthy people. But only two are truly, obscenely, stinking rich, with wealth in the $100 millionplus range, and they are, right now, the odds-on favorites to make the November final in large part because of their abilities to put personal wealth into the race. In other words, if you want to run for governor of California, being rich garden-variety rich isn’t nearly enough.

The same goes for San Francisco, on a different sort of scale. If citywide elections were fair, and Pacific Gas and Electric Co. didn’t have the ability to write a blank check every time an activist group tried to pass a public-power measure, San Francisco would have kicked out the private-power monopoly half a century ago. If citywide elections were fair, and Gavin Newsom didn’t have the ability to outspend Matt Gonzalez by a factor of about 6 to 1, the odds are at least even that Gonzalez would be mayor today.

That’s why Dede Wilsey and Ken Garcia, who both know better, are blowing some sort of smoke when they call for a "vote of the people."

But maybe we should call their bluff. How’s this for a deal:

The museum folks have plenty of money, so Wilsey can raise, say, $200,000. Then she can split it in half she gets $100,000, and the road-closure activists get $100,000. No outside, "independent" expenditures (they can control their side, and we can control ours), no tricks, no bullshit. Level playing field, fair election and let’s see who can walk more precincts and turn out more people on election day. That same model would work for all kinds of civic disputes.

Fair?

PS: As an in-line skater with plenty of bruises to prove it, I have another suggestion: For even-more-healthy Saturdays, maybe they could resurface the roads. SFBG

Arnold and Emily

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This is a story about a muscle-bound governor, a nine-year-old girl, and some polar bears. The governor is Arnold Schwarzenegger, the girl is Emily Magavern, and the polar bears or at least photos of them served as backdrops for a pair of speeches the two gave on global warming.

Emily, the daughter of a Sierra Club lobbyist, gave her speech in Sacramento on April 3 at a press conference outlining legislation that Democratic lawmakers have introduced to create a mandatory limit on greenhouse gases.

“I don’t want the polar bears to lose their homes,” Emily told the gathering.

That bill was triggered by a report from the Climate Action Team, which was commissioned by Schwarzenegger in June 2005 to recommend how California should address global warming. The report’s suggestions include a tax on gasoline, the monitoring of factory emissions, a cap-and-trade system (which caps the amount of greenhouse gases that factories may produce and sets up a trading market in which businesspeople can buy or sell emissions credits), as well as other less contentious initiatives.

But when Schwarzenegger came to San Francisco April 11 to outline his recommendations, he embraced almost none of the controversial schemes, with the exception of mandatory reporting of emissions (something most factories don’t now report), even as he claimed climate change to be a “most pressing issue.”

“The debate is over, the science is in, and it’s time for action,” boomed Schwarzenegger, who then contradicted his own call to action by telling the crowd that he was concerned about scaring businesses out of the state. “Must take cautious steps and the right steps.”

There are telling contrasts between the approaches of our tough-talking governor and this soft-spoken little girl. In some ways it seems their roles are reversed, with Schwarzenegger unwilling to connect cause and effect and Emily taking a more mature view of the problem.

Emily diagnosed what is essentially a simple problem. Humans are causing cataclysmic, global climate changes through excessive consumption of fossil fuels. The changes are having a negative impact on many species, including polar bears in the Arctic and animals closer to home, like California’s state bird, the California quail.

Some of the top contributors to the problem are the humans living right here in California, which is the world’s 12th largest producer of greenhouse gases, of which 58 percent come from cars. The solution: Burn less fossil fuel, even if that’s a difficult thing to do.

“We can’t rely on oil forever,” Emily said.

In contrast, Schwarzenegger spun a compelling vision of what California’s future would be like if it cleaned up its greenhouse gas emissions. Yet he remains politically intimidated by business interests, such as the California Chamber of Commerce and the California Manufacturers and Technology Association, which says that addressing global warming would hurt the state’s economy.

In the beginning of his speech at San Francisco City Hall, Schwarzenegger touted the need for immediate action by developing a mandatory reporting and cap-and-trade system, emphasizing the economic benefits of recently implemented initiatives. Yet he later said he opposed caps, leaving it unclear how such a system would work or exactly what he’s calling for.

“We should start off without the caps until 2010,” Schwarzenegger said. “Caps could scare off the business community.”

Schwarzenegger’s response has many global warming advocates feeling deflated, while a number of businesses are breathing sighs of relief. The governor also appears to be letting the driving public off the hook by refusing to support the gas tax that his committee recommended, a problem addressed by Emily.

“If people try to not drive cars as much and try to drive cleaner cars, that would help the problem,” Emily said.

There are also many grown-ups out there who agree with Emily and say that dealing with global warming may be difficult, but doing so proactively and taking a lead role in the effort might actually help the state’s economy by encouraging development of new technologies and industries rather than hurt it.

“The chamber’s very good at having 20/20 vision in the rearview mirror,” said Bob Epstein, cofounder of Environmental Entrepreneurs. “All businesses need are the creation of simple rules, and then the legislators can step back and let business innovate.”

That seems to be what the legislature is trying to do, with Assembly Bill 32 seeking to cap factory emissions and reduce them by 30 percent by the year 2020. But whether the governor will sign this bill (and others to come) and start saving the polar bears and Emily’s generation is a question he seems unwilling to address. SFBG