Leland Yee

Dufty loses the tenant vote

8

By Tim Redmond

Sup. Bevan Dufty, the first candidate to formally enter the San Francisco mayor’s race, just took a big political hit. By voting against a bill that would have protected tenants from unjust evictions, he’s angered one of the city’s largest and most powerful voting blocs.

The bill, by Sup. John Avalos, was important to the tenant movement. It extends to renters in buildings constructed after 1979 the same protections that the occupants of older buildings enjoy. It’s particularly important now, when so many buildings are facing foreclosure; under city law, foreclosure isn’t a “just cause” for eviction, but some tenants are losing their homes after foreclosure actions anyway.

Dufty has never been a great tenant vote, but this one should have been easy. The Avalos bill doesn’t put any more housing under rent control, or limit rent hikes, or impose any taxes or fees. There’s no direct economic impact on any landlords.

I couldn’t reach Dufty for comment today, but if the Chronicle quoted him accurately, his explanation was pretty weak:

Dufty told The Chronicle he would have supported the legislation had it simply addressed foreclosure-driven evictions. He feared that as drafted, the proposed law “would have too many unintended consequences,” particularly when it comes to condominium owners who want to move back into units that have been rented out. The burden on owners who try to evict on that basis could prove too harsh when it comes to time and money, he said.

The problem with that arugment is that owner move-in has always been a just cause for eviction. The Avalos bill wouldn’t change that. You own a condo, you rent it out and you want to move back in, you can evict the tenant.

The real problem here is what landlords think of as “rent-control creep.” Once you start allowing eviction protections on newer buildings, they fear, the next step might be actual rent controls on those buildings. So they fought against the bill.

The landlords have money, and if they see Dufty as their ally, they may reward him with campaign contributions. But the progressive vote is going to be important in the next mayor’s race, and so far — unless Sup. Ross Mirkarimi or Public Defender Jeff Adachi jumps in the race — the progressives don’t have a clear candidate. And while there will be a lot of issues in the race, this will be a big one, and I think the vote will hurt Dufty.

Of course, that assumes there’s a more pro-tenant candidate — and that’s not clear at this point. The others who are widely mentioned as potential contenders are state Sen. Leland Yee, Assessor Phil Ting and City Attorney Dennis Herrera. Herrera has traditionally declined to comment on issues like this, in part because he’s the city’s chief legal officer and has to defend the legislation and also because city law bars him from endorsing candidates or taking stands on ballot measures. But he told me several weeks ago that if he announces for mayor, he will openly discuss any issues facing the city.

When I called him today, he made the same promise again — then told me that he hasn’t announced for mayor yet, and so is declining to comment on whether he supports the Avalos bill. Ting told me he wasn’t familiar enough with the bills details, although, like Dufty, he said he supports eviction protections for tenants in foreclosed buildings.

I’m still waiting to hear from Yee.

Controller, in radical move, defies supes

11

By Tim Redmond

In a move that’s unprecedented in modern San Francisco history, city controller Ben Rosenfield appears poised to try to block the Board of Supervisors from approving a $7 million supplemental budget appropriation to prevent 500 layoffs of frontline health department workers.

It’s the latest twist in a convoluted battle that pits SEIU Local 1021 and the progressives on the board against the mayor, who wants to lay off nurses aides and clerical workers.

In a budgetmessage posted today, Rosenfield says that the city is running $53 million in the red, and that “until this shortfall is addressed, the Controller’s Office will not be able to certify funds from the General Fund Reserve for other appropriations.”

Rosenfield, a Newsom appointee, is apparently relying on a very old City Charter section that looks like this:

S.F. Charter Sec. 9.113 (d) “General Fiscal Provisions”

No ordinance or resolution for the expenditure of money, except the
annual appropriation ordinance, shall be passed by the Board of
Supervisors unless the Controller first certifies to the Board that
there is a sufficient unencumbered balance in a fund that may legally be
used for such proposed expenditure, and that, in the judgment of the
Controller, revenues as anticipated in the appropriation ordinance for
such fiscal year and properly applicable to meet such proposed
expenditures will be available in the treasury in sufficient amount to
meet the same as it becomes due.

But in my 25 years of covering City Hall, I have never once seen this happen. There have been bad budget deficits before, and supplemental appropriations, and the controller has never told the supervisors that they can’t spend reserve money.

“About the only thing Rosenfield and I agree on is that this has never been done before,” Sup. Chris Daly told me this evening.

The controller’s report notes that several city departments are running over budget — but interestingly, Human Services and Public Health, the targets of the layoffs, are running a surplus of $8.1 million (exactly what the supervisors want to spend).

Among those departments facing shortfalls: The Sheriff’s Office, which is in the red because of “an increase in jail population” — possibly due to the new police chief’s crackdown on drug dealing in the Tenderloin.

I couldn’t reach Rosenfield tonight, but Daly notes that the same legislation was before the board last week, and Rosenfield didn’t object. “So he’s already certified it,” Daly said. “And I’m not sure how he can decertify it now.”

I’m not going to argue that the city has money to burn, but there are always mid-year budget changes in bad times. The supes and the mayor are going to have to make some budget adjustments. But there’s also unanticipated money coming in — for example, San Francisco stands to get about $33 million in federal stimulus money for the Department of Public Health in April, and that funding will be retroactive to the previous year. So this year’s shortfall will actually be $33 million less.

Tina Johnson, a legislative affairs staffer for the state Department of Health Care Services, confirmed the near-certain availability of that money in a Nov. 16th letter to state Sen. Leland Yee.

In any other year, I suspect the controller would follow the normal practice of informing the mayor and the supes that the budget was out of line (as it is, in one way or another, almost every year) and then allow them to come up with some mid-year corrections. But this battle between Local 1021 and the mayor has gotten ugly, and I’m sure there was pressure on Rosenfield.

Look for a showdown at the board meeting tomorrow (Nov. 17). Daly told me that whatever Rosenfield says, “we’re going to have a vote on this.”

UC chief’s glib NYT interview raises ire

7

By Steven T. Jones
yudof.jpg
While reading the Sunday New York Times, I was surprised to see the magazine’s Q&A with UC President Mark Yudof – and dismayed by the timing and glib tone that he took.

Just days after UC faculty, employees, and students took to the streets in protest of Yudof’s anti-democratic approach to making deep cuts and huge tuition hikes, here he is playing the cutesy wannabe celebrity who jokes about his lack of commitment to and qualifications for this important job.

And when given the chance to criticize Gov. Arnold Schwarzenegger – which would seem a natural, given that he’s been blaming state government for his own destructive decisions – he dutifully plays the good company man and says of the dangerous defunding of higher education, “This is a long-term secular trend across the entire country. Higher education is being squeezed out. It’s systemic.”

WTF? So the head of the UC is fine with just giving up on the public university system? And apparently I’m not the only one bothered by this interview, which Sen. Leland Yee – who has rightfully been hard on the UC in recent years – and others savage in the following press release that he just sent out.

The mayor’s race begins

9

By Tim Redmond

So now it’s official: Just when San Francisco political junkies needed something other than the generally dull November election to talk about, Bevan Dufty has done us all a favor and fired the opening gun in the 2011 mayor’s race.

It’s no surprise, really — everyone knew that Dufty was running. Just as everyone knows that City Attorney Dennis Herrera and state Senator Leland Yee will be in the race, and that Assessor Phil Ting is looking at it, and that Sup. Ross Mirkarimi and Public Defender Jeff Adachi are mulling their prospects.

With public financing in place, and ranked-choice voting, the race will be fascinating. Dufty has never run citywide, but he’s a nice guy who can be funny and charming and he’s built a reputation as a nuts-and-bolts supervisor who takes government seriously. “Ross Magowan [of KTVU] asked me what my biggest single issue was, and I said Muni,” Dufty told me today. “He said that Muni was getting better, but hey — crime is down 30 percent citywide and still up on Muni.”

Fixing Muni is a Dufty kind of thing — not a grand civic vision, but a basic public service that people use that has problems. (A classic Dufty story: When the city got rid of the crossing guard at the school my kids go to a couple of years ago, which is in Dufty’s district, the principal called Dufty, and the guard was back the next day. He loves that sort of thing.)

“What I try to be is a collaborator,” he said. “I’ve never had the luxury of knowing I had six votes on the board, so I’ve had to reach out to people.”

He also promised that Mayor Dufty would always show up for question time at the board. He joked that “it’s easy for me to promise that because Chris Daly will be off the board by them” but in the next breath told me how much he likes and respects Daly, who he called “incredibly talented.” (Again, classic Dufty.)

It’s going to be a challenge for him to stand out in this race. He’s not going to get a lot of progressive support; he simply hasn’t been there on a lot of progressive votes and issues. It’s rare to see him defy Mayor Newsom and he’s been on the wrong side of many of the key battles of the past ten years.

He has a lot of support in his district, and among the more centrist parts of the gay community. But he’s not a big downtown guy, not a prodigious fundraiser and won’t be the next Newsom, who ran the first time with the unwavering support of the big-business community and all the money he could ever need.

And Herrera and Yee — both with a proven track record of raising money, both with citywide name recognition — will also be sitting in that political center. Neither of them can claim the support of the majority of the progressive supervisors (although Herrera will no doubt have former Board President Aaron Peskin on his team).

If Mirkarimi or Adachi runs, they’ll take the left flank. Yee will be the more conservative candidate, especially when he’s working the west side of town. I don’t see how Dufty finds his niche.

He doesn’t either, right now — except to say that “I’m not running for anything else. I have no desire to go to Sacramento or Washington. I’m humble and I’m going to run a grassroots campaign.”

What he has, clearly, done is given a kind of shit-or-get-off-the-pot push to the other candidates. The race is a long way away, but with Dufty out there, raising money and seeking endorsements, Mirkarimi is going to have to decide if he’s serious, and if not, the progressives are going to have to decide if Adachi is their man, and the race is going to start firming up. There won’t be a Matt Gonzalez late entry this time around. What you see is what you get, and the late-comers will be at a disadvantage.

Flash: Yee wants to sell the Cow Palace!

4

By Tim Redmond

Okay, this is pretty radical:

State Sen. Leland Yee has been a bill that would force the Cow Palace, a state-owned operation, to sell 13 acres of land to Daly City. Okay, we’ve got some problems with that, but basically, the idea is to force the Cow Palace folks to negotiate a deal with a developer for a long-term lease so that neighborhood can get a supermarket and some other amenities.

But now, at the last minute, with only days left in the legislative session, Yee is trying to amend the bill to authorize the sale of the entire site — 63 acres of public land.

“We were hoping for a lease deal, but that hasn’t happened,” Adam Keigwin, Yee’s press spokesperson, told me. “That neighborhood has no grocery store. The land is currently underutilized. The governor wants us to include the entire parcel in the bill.”

So in cooperation with Gov. Schwarzenegger, Yee is preparing to allow the state to sell off 63 acres of public land. That’s a huge site, a vast amount of immensely valuable property in one of the densest urban areas in America.

Joe Barkett, CEO of the Cow Palace, is (not surprisingly) upset: “The Cow Palace is an historic institution with wonderful memories for many people,” he told me. “To try to sell it off in this manner is a disservice to the community.”

Keigwin notes that the bill doesn’t mandate that the Cow Palace be torn down; “all it would do is change the ownership.” And that might not happen right away; “the governor’s office agrees that this might not be the best time to sell.”

But the governor and Yee are also looking for cash to address the horrifying budget deficity, and this is one potential source of millions and millions of dollars.

The problem is that once you sell public land, it’s gone, forever. And with all the needs in San Francisco and Daly City — affordable housing, parks, cultural facilities as well as a supermarket — there ought to be a way to keep this in the public sector. I asked Keigwin about some sort of public development authority, and he agreed that was a nice idea, but “that’s never happened at the state level.”

Folks: This is a bad idea. I’m in full agreement that the site is underutilized, but I have this visceral opposition to selling off 63 acres of land to a private developer.

And if the Assembly goes along, this will happen in a matter of days.

This is the way the budget deal ends — badly

1

By Tim Redmond

We all know that the main reason we don’t have a budget deal is that everyone — but particularly the governor and the Republicans — wants to escape from this mess with his or her political hide intact. The GOP members all signed a moronic pledge never to raise taxes, and the ones who wind up voting for even minor tax hikes get slammed in their home districts. The Democrats don’t want to cut education or health or other essential services, but have been far more willing to compromise. The governor just wants to look tough.

Seriously — he just wants to look tough, and the longer the standoff continues, the more he gets this sort of press, and the more his abysmal poll numbers go up.

So now the talks are still stalled and the state is losing $25 million a day just to make a washed-up action-movie star happy with his image.

Even after the “big five” — the leaders of the Legislature and the guv — come to a deal, it’s no sure thing. Because in the past, all of the Republicans have refused to vote for deals that their own leadership and their own governor have put together.

And some Democrats may not vote for it, either. Senator Leland Yee of San Francisco told me he won’t vote for any cuts to education. “The Republicans have drawn a line and said no new taxes,” he told me. “We need to draw a line and say no more cuts to health care and education.”

In fact, in the famous late-night session that almost led to a budget deal last week, Yee was holding out, refusing to go along with the cuts until State Sen. President Darrell Steinberg called the lobbyists from the teacher’s unions at 11:30 pm and told them to tell Yee it was okay to accept the leadership plan.

Yee, of course, wants to be able to say after the dirty deal is done that he refused to accept the cuts. So do a lot of the other Dems — but at some point, most of them will bit the bullet and accept some kind of bad deal to end the IOUs and keep the state afloat. Yee wants to see the GOP take some of the heat, too: “If the governor wants us to vote for a bad budget deal, he needs to make the Republicans vote for it, too,” he said.

Which also won’t happen.

So the most likely outcome is that the Democrats will be the ones voting for a shitty deal that screws all of the traditional Democratic constituencies.

I’m sick of being held hostage by Orange County. It’s time to split up this state.

Eliminating dissent

0

sarah@sfbg.com

For years, the Hunters Point Shipyard Restoration Advisory Board has served as the Bayview-Hunters Point community’s main voice in the U.S. Navy’s environmental cleanup plans for the toxic former naval station. But the committee is suddenly being disbanded just as the cleanup enters a crucial phase.

Used for shipbuilding and submarine maintenance and repair, and the decontamination, storage, and disposal of radioactive and atomic weapons testing materials, the shipyard was added to the Superfund national toxic site cleanup list in 1989. But it is also at the heart of where Mayor Gavin Newsom has partnered with Lennar Corp. on the city’s biggest development proposal, involving 10,500 homes and a new stadium for the 49ers.

As the Navy prepares to release a series of important studies and reports concerning the cleanup of the dirtiest parcels on the former shipyard, community members were outraged by the Navy’s announcement in late May that it is preparing to dissolve the RAB in the next 30 days.

In July the Navy will release draft feasibility studies for the cleanup of Parcel E, along with a final remedial investigation/feasibility study for Parcel E2, the dirtiest parcel on the base, and a radiological data-gathering investigation in the sediment surrounding Parcel F, which is the underwater portion of the base.

Some insiders say the announcement was not unexpected, given an escautf8g series of confrontational RAB meetings with the Navy over the last two years. But they fear the community will lose its ability to give the Navy direct, timely, and meaningful feedback, even if many believe the Navy wasn’t listening.

"The Navy fully supports the need for open, meaningful dialogue with the diverse Bayview-Hunters Point community regarding our environmental cleanup actions and decisions. However, the RAB is not fulfilling this objective," the Navy’s Laura Duchnak wrote in a May 22 letter to the RAB.

In her letter, Duchnak said the RAB meetings no longer provide community input on the Navy’s environmental cleanup program, that their atmosphere is not productive to effective public discourse, and that Navy attempts to improve the process have failed. "The revised community involvement program may include community environmental forums, including using Internet-based technologies to more easily reach a diverse audience, expanded monthly progress reports and fact sheets, and hosting technical discussions and tours of cleanup sites for interested community members," Duchnak wrote.

Duchnak’s announcement followed a tense January meeting in which RAB members reacted with horror when the Navy announced it was moving forward with controversial plans to cap radiologically-affected areas on the shipyard’s Parcel B instead of digging and hauling them, which the community preferred (see "Nuclear Fallout," 07/16/08).

Led by RAB co-chair Leon Muhammad, who teaches at the Nation of Islam’s Center for Self Improvement, which has been repeatedly dusted by unmonitored asbestos (see "The corporation that ate San Francisco," 03/17/07), and joined by newly sworn-in members Archbishop King, Marie Harrison, and Daniel Landry, the board voted to seek a civil grand jury investigation into whether local truckers are getting their fair share of the Navy’s shipyard contracts.

Members then voted to remove the city’s public health representative Amy Brownell from the RAB, and to call for the stoppage of all work on the yard until the Department of Defense, the Navy, and the city can prove, as Muhammad said, "where the ongoing dust exceedences are coming from."

The final straw, insiders say, occurred in February when members voted to remove the Navy’s RAB co-chair Keith Forman from the advisory board. Eric Smith, who was sworn onto the RAB in January but did not vote to remove Brownell and Forman, said the Navy’s dissolution response wasn’t surprising.

"The dissolution of RAB is not a good thing in terms of what it is supposed to do. But it was also doing things that were dysfunctional," Smith said. "The bitter irony is that the folks who caused the trouble were trying to get the Navy to sit up and take notice."

Smith said there is frustration with the Navy’s communication style, which the community feels is patronizing. "But the RAB was naïve to think the Navy would allow a forum over which it has unilateral authority to become a platform for attacks," Smith said.

RAB member Kristine Enea, who missed the RAB’s last two meetings, confirmed that the atmosphere got increasingly confrontational but added that the Navy ignored suggestions her calls for wider community involvement.

"It’s ironic that the Navy had decided to respond to criticisms, which include the charge that it is a poor communicator, by cutting off communications with the community," said Enea, who works at the India Basin Neighborhood Association. "Dissolving the RAB is a drastic step. There is so much going on, and so much that we need to know."

But Enea hopes IBNA can help fill that void, noting that the association has applied for a US Environmental Protection Agency technical assistant grant to review shipyard clean-up documents, provide fact sheets, and host community meetings.

The Sierra Club’s Arthur Feinstein said that his group’s main concern around the dissolution is that Parcel E2, which contains an industrial and radiologically-impacted dump that burned for six months in 2000, and Parcel F are both coming up for analysis.

"These are some of the most significantly contaminated areas on the shipyard, so the timing is terrible," Feinstein told the Guardian, observing that some RAB members did not appear to be looking for solutions and were so aggressive they destroyed meetings.

"Unfortunately there weren’t enough forceful people to say ‘shut up and sit down,’" Feinstein said. "But without a RAB, there will be no public forum where folks are able to get and read materials ahead of the meeting, and then ask and submit questions."

Harrison, a member of the environmental justice group Green Action, believes the Navy’s intent is that there be no meaningful interaction with the community. "When you don’t toe the line and play like good little children, the Navy shuts you down," said Harrison, whose group, along with the Nation of Islam and the Caravan for Justice, are planning a June 30 demonstration at the shipyard to protest the move.

In another point of controversy, Sen. Mark Leno has legislation that seeks to trade 25 percent of Candlestick Point State Recreation Area, the only major piece of open space in the Bayview, for small strips on the shipyard so Lennar can build condos on the parkland.

Noting that Sen. Leland Yee and Assembly Members Tom Ammiano and Fiona Ma oppose the parks-for-condos plan (see "Going Nuclear," April 29), Harrison said, "What possessed anyone to believe that we’d say, okay, take the only open space in the Bayview, and in exchange we’ll accept contaminated land scattered around on the shipyard?"

Environmental advocates believe the Sierra Club intends to fight Leno’s legislation with a challenge under the California Environmental Quality Act, but Leno told the Guardian that he is "continuing to work and meet with the lobbyists for the Sierra Club here in Sacramento to see if there are any additional amendments we can take that would get them to a neutral position on the bill.

"I think there is a good possibility we can get there," Leno said.

In February, Arc Ecology released a 133-report titled "Alternatives for study" that recommended the removal of the Parcel E2 landfill and explored changes in land use arrangements in the current redevelopment proposal to avoid environmental impacts (see "Concrete Plans," Feb. 4). Unfortunately, they were largely ignored by the Mayor’s Office of Economic and Workforce Development, which is working with Lennar on the public-private development deal.

Arc Ecology executive director Saul Bloom remains undaunted, recalling how 87 percent of voters citywide supported Proposition P, an advisory measure he wrote and that then-Sups. Ammiano, Leno, Michael Yaki, and the late Sue Bierman placed on the ballot in 1989 to establish community acceptance criteria for the shipyard, under federal toxic cleanup guidelines.

"The Navy had offered their opinion that voters in San Francisco, and especially in the Bayview, would accept a nonresidential industrial level cleanup for the shipyard because they were primarily interested in jobs," Bloom recalled. "We said that this was a mischaracterization and we’d go ahead and prove them wrong."

He believes the current struggle with the Navy over the RAB, and with the city and Lennar over Arc’s alternatives, are "emblematic of the problem facing the Bayview with regard to accessing good information and being told the straight story on health and development issues."

Editor’s Notes

0

Tredmond@sfbg.com

In the midst of all that is bleak in the state of California and the City and County of San Francisco, I am having fun specuutf8g about what will happen when Gavin Newsom is no longer mayor.

It’s a fascinating exercise — and trust me, I am by no means the only person engaging in it.

The broad outline is that the race to replace Newsom at this point bears no relation to the dynamic that brought him into office. Back in 2003, the race was the progressives against downtown; Tom Ammiano, Matt Gonzalez, and Angela Alioto were competing for the progressive vote, and Newsom was downtown’s darling, running on a platform of taking welfare money away from homeless people. The Newsom-Gonzalez runoff was about as clear and stark a choice over political vision as the city could ask for.

Six years later, I can count four people who are getting ready to run, and none is much like either Newsom or Gonzalez.

Sup. Bevan Dufty, who is sometimes with the progressives and sometimes with the mayor, told me last week that he’s definitely running. He’s part of the board’s moderate wing, but isn’t the downtown call-up vote that Newsom was and clearly isn’t counting on the big-business world for most of his support. Assessor-Recorder Phil Ting has made no secret of his political ambitions and is putting himself in the limelight with high-profile statements about Proposition 13 and taxing the Catholic Church. He sounds pretty liberal these days, although his chief political consultant is Newsom (and PG&E) operative Eric Jaye.

Just about everyone in local politics assumes City Attorney Dennis Herrera will be in the mix. He’s had the advantage of not having to take stands on local measures and candidates (as the city attorney, he’s not allowed to endorse), and while some progressives see him as the most appealing choice, he’s not Ammiano or Gonzalez. And then there’s state Sen. Leland Yee, who is utterly unpredictable, sometimes great on the issues and sometimes awful — and is almost certainly going to run.

And right now, other than Sup. Ross Mirkarimi, who might or might not run and isn’t putting together any kind of a pre-campaign operation, there’s no obvious progressive candidate in the race. If Mirkarimi’s serious, he needs to be moving.

But wait: There’s more.

Assume for a moment — and whatever you may think about the guy, it’s not a crazy assumption — that Gavin Newsom is the next governor of California. (How? He beats Jerry Brown in the primary by running future vs. past, then beats any Republican, who will be saddled with the Schwarzenegger mess. He isn’t remotely ready for the job, but that’s politics.)

Gov. Newsom would be sworn in Jan. 4, 2011. David Chiu, president of the Board of Supervisors, would be acting mayor — until he convenes the board and somebody gets six votes to finish Newsom’s term. That decision could be made by the current supes, who hold office until Jan. 8, 2011, if they can meet and decide in four days, or by the new supes — and we don’t know who they will be.

The person appointed doesn’t have to be a supervisor. Could be anyone. Could be Chiu. Could be Mirkarimi. Could be Dufty. Could be …. Aaron Peskin. Just takes six votes. And then that person could run as the incumbent.

Don’t go thinking any of this is just idle chatter. There are political consultants all over town having the same discussions, today. *

Going nuclear

0

news@sfbg.com

April Fool’s Day is known as a day for practical jokes designed to embarrass the gullible.

But Assembly Member Tom Ammiano’s legislative aide Quentin Mecke says the April 1 letter that Ammiano and fellow Assembly Members Fiona Ma and state Sen. Leland Yee sent Mayor Gavin Newsom urging him not to support a proposal to bury a radiologically-contaminated dump beneath a concrete cap on the Hunters Point Shipyard was dead serious.

In their letter, Ammiano, Ma, and Lee expressed concern over that fact that federal officials don’t want to pay to haul toxic and radioactive dirt off the site before it’s used for parkland. They noted that an "estimated 1.5 million tons of toxics and radioactive material still remain" on the site.

A 1999 ordinance passed by San Francisco voters as Proposition P "recognized that the U.S. Navy had for decades negligently polluted the seismically-active shipyard, and that the city should not accept early transfer of the shipyard to San Francisco’s jurisdiction, unless and until it is cleaned up to the highest standards," the legislators wrote. "Given the information we have, a full cleanup needs to happen," Mecke told us.

But Newsom’s response so far suggests he may be willing to accept the Navy’s proposal.

WAR WASTE


From the 1940s to 1974, according to the Navy’s 2004 historical radiological assessment, the Navy dumped industrial, domestic, and solid waste, including sandblast waste, on a portion of the site known as Parcel E. Among the materials that may be underground: decontamination waste from ships returning from Operation Crossroads — in which atomic tests in the South Pacific went awry, showering Navy vessels with a tidal wave of radioactive material.

"We have serious questions about the city accepting what is essentially a hazardous and radioactive waste landfill adjacent to a state park along the bay, in a high liquefaction zone with rising sea levels," the letter reads. "We understand that the Navy is pushing for a comparatively low-cost engineering solution which the Navy believes will contain toxins and radioactive waste in this very unstable geology. We hope that you and your staff aggressively oppose this option."

Keith Forman, the Navy’s base realignment and closure environmental coordinator for the shipyard, told the Guardian that the Navy produced a report that did a thorough analysis of the site.

The Pentagon estimates that excavating the dump would cost $332 million, last four years, and cause plenty of nasty smells. Simply leaving the toxic stew in place and putting a cap on it would cost $82 million.

Espanola Jackson, who has lived in Bayview Hunters Point for half a century, says the community has put up with bad smells for decades thanks to the nearby sewage treatment plant. "So what’s four more years?" Jackson told the Guardian.

Judging from his April 21 reply to the three legislators, who represent San Francisco in Sacramento, Newsom is committed only to a technically acceptable cleanup — which is not the same thing as pushing to completely dig up and haul away the foul material in the dump.

He noted that during his administration federal funding for shipyard clean-up "increased dramatically, with almost a half-billion dollars secured in the last six years." Newsom also told Ammiamo, Ma, and Yee that the city won’t accept the Parcel E landfill until both the state Department of Toxic Substances Control and the federal Environmental Protection Agency "agree that it will be safe for its intended use."

The intended use for Parcel E-2 is parks and open space, said Michael Cohen, Newsom’s right-hand man in the city’s Office of Economic and Workforce Development. The Navy won’t issue its final recommendations until next summer. "That’s when regulatory agencies decide what the clean up should be, whether that’s a dig and haul, a cap, or a mix of the two, " Cohen explained.

TRUCKS OR TRAINS?


Part of the Navy’s concern is the expense of trucking the toxic waste from San Francisco to a secure landfill elsewhere — someplace designed to contain this sort of material (and someplace less likely to have earthquakes that could shatter a cap and let the nasty muck escape).

David Gavrich and Eric Smith say the Navy is looking at the wrong solution. Gavrich, founder of the shipyard-based Waste Solutions Group and the San Francisco Bay Railroad, which transports waste and recyclables, and Eric Smith, founder of the biodiesel-converting company Green Depot, who shares space with Gavrich and a herd of goats that help keep the railyard surrounding their Cargo Way office weed-free, say the military solution is long-haul diesel trucks. But, he observes, the waste could be moved at far less cost (and less environmental impact) if it went by train.

Saul Bloom, executive director of Arc Ecology, a nonprofit that specializes in tracking military base reuse and cleanup operations, would also like to see the landfill removed, even though he’s not sure about the trucks vs. train options.

"We don’t have confidence about having a dump on San Francisco Bay," Bloom said. "I’m concerned about the relationship between budgetary dollars and remediation of the site. I’m concerned that the community’s voice, which is saying they’d like to see the landfill removed, is not being heard."

Mark Ripperda of EPA’s Region 9 told us that community acceptance is important, but a remedy must also be evaluated using nine specific criteria.

"A remedy must first meet the threshold criteria," Ripperda said. "If it passes the threshold test, then it is evaluated against the primary balancing criteria and finally the modifying criteria are applied."

Noting that he has not received any communication from either the Assembly Members or the Mayor’s Office concerning the Parcel E-2 cleanup, Ripperda said that "the evaluation of alternatives considered rail, barge, and truck transport, with rail being the most favorable transportation mode for the complete excavation alternative. However, the waste would still be transported and disposed into a landfill somewhere else and the alternatives must be evaluated under all nine criteria."

Ripperda said it’s feasible to remove the worst stuff — the "hot spots" — and cap the rest. "A cap will eliminate pathways for exposure and can be designed to withstand seismic events," he told us. "The landfill has been in place for decades and the groundwater data shows little leaching of contaminants."

Meanwhile Newsom has tried to redirect the problem to Ammiano, Ma, and Yee, saying he seeks their "active support in directing even more state and federal funds" toward cleaning up the shipyard. He made clear he wants to move the redevelopment project forward — now.

Sen. Mark Leno is carrying legislation that includes a state land swap vital to the city’s plans to allow Lennar Corp. to build housing and commercial space on the site.

But while Cohen claims the aim of the land trade is to "build another Crissy Field," some environmentalists worry it will bifurcate the southeast sector’s only major open space. They also suspect that was the reason Leno didn’t sign Ammiano’s April 1 letter.

Leno says that omission occurred because Sacramento-based lobbyist Bob Jiroux, who Leno claims drafted the letter, never asked Leno to sign. (Jiroux refused to comment.)

Claiming he would have signed Ammiano’s letter given the chance, Leno described Jiroux as a "good Democrat" who used to work for Sen. John Burton, but now works for Lang, Hansen, O’Malley, and Miller, a Republican-leaning lobbying firm in Sacramento whose clients include Energy Solutions, a Utah-based low-level nuclear waste disposal facility that stands to profit if San Francisco excavates Parcel E-2.

Ammiano dismisses the ensuing furor over Energy Solutions as a "tempest in a teapot.

"I signed that letter to Newsom because of the truth that it contains," Ammiano said. "Sure, there’s crazy stuff going on. But within the insanity, there’s a progressive message: the community wants radiological contaminants removed from the shipyard."

The BART Board is clueless

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› tredmond@sfbg.com

EDITORIAL The senseless and horrifying murder of four Oakland police officers March 21 has cast a pall over law enforcement agencies all over the Bay Area. It’s renewed calls for a federal ban on assault weapons, which is long overdue. (It’s also reminded us why a daily newspaper can be so valuable — Chronicle coverage of the incident, with numerous reporters quickly responding, is the kind of journalism that won’t happen if the city’s only major daily dies.)

Unfortunately, it’s also taken the focus away from other police issues, and while we mourn the four deaths of veteran officers who were killed trying to do their jobs, we can’t stop trying to solve the problems of cops who lack training, supervision, and oversight.

In that context, there is no other way to say this: the BART Board of Directors is as clueless as any governmental organization we’ve seen since the administration of George W. Bush declared victory in Iraq.

In the past 17 years, BART police officers have improperly shot and killed three people. There have been hundreds of complaints of unnecessary use of force. Most recently, a BART cop shot a young man point blank, and video recordings of the incident have created widespread anger and unrest.

Yet there is still nothing resembling a civilian oversight agency for that 200-member force — and the BART Board members are once again asking the public to trust them to take care of the situation.

Assembly Member Tom Ammiano and state Sen. Leland Yee are sponsoring state legislation that would force the BART Board to establish a San Francisco-style office of citizen complaints to handle all civilian complaints about BART police officer conduct. There are ways Assembly Bill 312 can be improved, and Ammiano, who is guiding the measure through its first legislative hearings, is open to productive suggestions. But when the BART Board sent a delegation to meet with Ammiano, the transit directors had only one basic message: they said AB 312 was "too prescriptive" — that is, it sought to set clear, strong rules for what BART has to do. BART would rather that the Legislature make some broad suggestions but let the folks who run the district shape the final outcome.

That’s simply unacceptable. BART has had plenty of time to address this problem, and plenty of notice that something is terribly wrong. In 1992 a BART cop shot and killed 20-year-old Jerold Hall near the Hayward Station, firing a shotgun into the back of Hall’s head as the unarmed young man was walking away. The shooting violated BART’s own police procedures and the rules that govern the use of deadly force at nearly every modern law enforcement agency in America — but the officer received no disciplinary action, not even a reprimand. In 2001 another BART cop shot and killed a mentally ill man who was lying naked on the ground. Again, BART declared the shooting perfectly okay. With that kind of lack of oversight, it’s not surprising that Oscar Grant was shot and killed early New Year’s Day — the BART police have never been held accountable for improper killings.

And the BART Board has never done a damn thing about it.

Now there is a special board committee that’s supposed to study police oversight. It has never held a single public meeting. Board member Tom Radulovich, who represents San Francisco and sits on the committee, told us there will be public meetings soon. But so far, all that the four-member panel has done is hold private discussions with local interest groups, with no public notice. We would argue that those meetings were a clear violation of the spirit, if not the letter, of the Brown Act, which mandates that government agencies hold open meetings. But more than that, the closed meetings suggest that the BART Board has no understanding of the public anger and impatience with its 17-year record of failing to keep its police force in line.

Ammiano and Yee should refuse to compromise the basic premise of their bill. The state of California, which gave BART the right to create a police force, must now mandate exactly how that force will be managed. The BART Board had its chance and failed. We simply can’t trust that ineffective agency to get it right this time. * *

Freeing the press

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Norwin S. Yoffie Career Achievement Award

ROBERT PORTERFIELD


Bob Porterfield is a shit-disturber, an old-fashioned investigative reporter who has no favorites, no sacred cows, and no fear of offending anyone. Since his first story — a profile of a YMCA social program published in Eugene, Ore.’s The Register-Guard in 1959, when he was 15 — Porterfield has had ink in his veins. He’s shared two Pulitzer Prizes (first for an Anchorage Daily News report on the Teamsters Union in 1975 and then for a series on the Massachusetts Bay Transportation Authority for The Boston Globe), won more than two dozen other prizes and worked on a long list of major investigative projects.

He has become something of an expert in computer-assisted reporting and information systems — but is still a down-to-earth guy who never forgot the value of traditional, hands-on digging. Back in 1986, he was on a team at Newsday looking into the federal Synfuels Corp., a scandal-plagued agency that was shut down in the wake of his stories.

"I remember once we were looking for property records on a Synfuels Corp. project linked to [former CIA Director) Bill Casey," he told me. "I wound up going down to Plymouth, N.C., (population 4,000), and I found this musty old office with two older women sitting there, knitting. There was no index book, nothing computerized. But when I explained what I was looking for, one of the women remembered the parcel of land I was talking about and pulled out the exact documents for me."

Porterfield has devoted a tremendous amount of time to teaching and mentoring, showing young reporters how to use public records to find stories. "I’m glad to see [President Obama’s] new directive on openness, but I hope it trickles down to the independent agencies," he said. "Because there’s been way, way too much secrecy." (Tim Redmond)

Beverly Kees Educator Award

ALAN GIBSON


Alan Gibson is reclaiming the Founding Fathers from conservatives with

his recent book Understanding the Founding: The Crucial Questions (University Press of Kansas, 2007). It examines the progressive ideals that guided early American political thought.

"The Founding Fathers are often captured by conservatives," Gibson told the Guardian. "But there is no clear line of legacy. It is much more complex than that. Conservative restoration politics are dangerous and not historically accurate."

As an undergraduate, Gibson cultivated an interest in issues of separation of church and state, which led to doctoral studies on James Madison, the namesake of the Society of Professional Journalists’ annual Freedom of Information awards. "Madison was the most progressive of all [the Founding Fathers] when it comes to freedom of the press," Gibson said. "He helped develop the idea that American government should be responsive to public opinion, and the role of newspapers was to make sure that an authentic public opinion was set forth." Gibson, a political science professor at California State University-Chico, lectures at various colleges across the country. Understanding the Founding will be published in paperback later this year. (Laura Peach)

Professional Journalists

MARJIE LUNDSTROM


Journalists often get alarming tips about practices within Child Protective Services (CPS) agencies, but it has always been a nearly impossible task to overcome privacy protections and get even basic information about how CPS handles reports of child abuse or neglect.

"It’s a difficult agency to write about, for some good reasons," Sacramento Bee reporter Marjie Lundstrom, who set out in 2007 to investigate complaints about Sacramento’s CPS, told the Guardian. "They operate in such a vacuum with very little public scrutiny."

She had started to piece together some information from coroner’s records and other public documents when Senate Bill 39 went into effect in January 2008, "and it was just amazing what it opened up."

The bill reveals CPS files in cases where the child has died, allowing Lundstrom to expose the negligence of CPS workers in responding to abuse reports, even those from doctors. "I do feel like what we were able to show, because of the law, where workers made flagrant mistakes that costs kids their lives," she said.

But many CPS records are still secret. Next, after writing several stories about CPS that sparked a grand jury investigation, Lundstrom intends to expose problems within the internal accountability procedures at CPS. (Steven T. Jones)

HILARY COSTA AND JOHN SIMERMAN


When the news broke last September that 15-year-old Jazzmin Davis had been murdered by her aunt after suffering months of abuse and neglect in her Antioch home, Bay Area News Group reporters Hilary Costa and John Simerman submitted a public records request about the girl’s case history with the San Francisco Human Services Agency.

The city denied the request for nearly two months, using a privacy claim. Undeterred, the journalists took the step of testing out Senate Bill 39, a relatively new piece of legislation that mandates public disclosure of findings and information about children who have died of abuse or neglect. A judge eventually ordered that the records be released.

Although highly redacted, the nearly 700-page paper trail told the girl’s story in the form of hand-written notes, report cards, medical records, caseworker visits, and other detailed documents. The records led to a package of stories that exposed a series of failures and violations of state regulations by an HSA social worker, raising questions about agency practices and spurring a review of hundreds of other foster care cases.

"This story’s been so important to me," Costa told the Guardian. "It felt like somebody owed it to Jazzmin to find out what happened to her." (Rebecca Bowe)

Interactive Media

AUTUMN CRUZ AND MITCHELL BROOKS


Sacramento Bee photographer Autumn Cruz had been covering the trial of three-year-old K.C. Balbuena’s murder for several months when she came up with the concept of creating an interactive online courtroom. With the help of Bee graphic journalist Mitchell Brooks, Cruz made public the essential pieces of evidence and information to those outside the courtroom doors.

Viewers can take a virtual tour of the exhibits and documents, along with video and audio statements and interrogations. "As a journalist, you’re fighting every day for your right to information," Cruz told the Guardian.

Although Balbuena’s mother and roommate were found guilty of the murder in early 2008, Cruz laments her inability to bring back the child she grew to know so intimately only after his life was cut short. "I think my bringing his plight to the public will hopefully prevent similar things from happening to other children." (Joe Sciareillo)

Citizen

BERT ROBINSON


Journalist Bert Robinson is a longtime journalist who now serves as assistant managing editor for the San Jose Mercury News. But he’s being honored for his work as a citizen serving on San Jose’s Sunshine Reform Task Force.

"We set out on our sunshine ordinance adventure a few years ago. We found we were faring worse in court, and we couldn’t afford increased court costs," Robinson, a member of the California First Amendment Coalition, told the Guardian.

The project received political endorsements across the spectrum, but the initiative has had problems with the city council’s Rules Committee, controlled by San Jose Mayor Chuck Reed, who has supported sunshine in the past.

"We achieved progress with public meeting requirements, but when you get into public records, city staff argue that rules are ‘too cumbersome’ … They say all sorts of things might happen if they become public, [which is] entirely hypothetical," Robinson said.

Task Force work that was slated to last six months has now dragged on for two years. "The city process grinds you down," Robinson said. But he says he’s committed to seeing it through. (Ben Terrall)

Legal Counsel

JAMES EWERT


James Ewert, an attorney with the California Newspaper Publishers Association, has long battled what he calls widespread secrecy in government. So in 2004, he played an instrumental role in providing greater public access to government meetings and records, resulting in the passage that November of Proposition 59, the Sunshine Amendment of California’s constitution.

Most recently Ewert helped Sen. Leland Yee (D-San Francisco) with legislation protecting teachers from retribution from administrators when they defend the First Amendment rights of journalism students. Next Ewert hopes to allow greater scrutiny of public/press partnerships and how tax dollars are used in labor negotiations by the public university systems.

Ewert says the public’s right to know is still severely hampered by public safety concerns, including restrictions on journalists’ rights to interview prisoners and obtain information about police officers. But luckily for the public, Ewert is still on the job. (Andrew Shaw)

Student Journalists — High School

REDWOOD BARK


Before April 2008, Drew Ross had never had to defend the existence of the Eureka High School Redwood Bark, where he was the editor. But after arriving on campus one Monday morning to find that former principal Robert Steffen had removed 450 copies of a 20-page color edition of the paper, Ross and his staff fought back.

Steffen claimed that the nude, dream-like drawing by artist Natalie Gonzalez had ushered in a handful of complaints from students and parents. Steffen justified the action by saying he was "stomping out the flames before they became a forest fire."

"We told him we wanted to hold onto the paper but he recycled them," Ross told the Guardian. "We don’t make the paper for it to be thrown away. And we lost a lot of advertising on this."

Ross complained about censorship and got help from the Student Press Law Center and the American Civil Liberties Union. By the next day, the censorship story went front page at newspapers and Internet sites all over the country. Eventually Steffen not only sent out a public apology, he paid for the next 20-page color edition.

"We are now armed with knowledge of our rights," Ross said. "And the community knows the Redwood Bark has rights." (Deia de Brito)

SHASTA HIGH SCHOOL’S THE VOLCANO


Shasta High School student Amanda Cope speaks passionately about freedom of speech after her brush with censorship, telling the Guardian, "We are preserving the validity of the Constitution. Free speech is a protection, a safety, that lets us function normally without fear."

Cope was editor-in-chief of the Shasta High School student paper, The Volcano, when a controversy flared over the paper’s end-of-year issue, which featured a front-page image of a student burning an American flag. Shasta High principal Milan Woollard was already considering shutting down The Volcano when the issue came out and publicly stated: "This cements that decision."

But following a maelstrom of objection from Cope and the rest of The Volcano staff in what looked like a form of censorship in schools, the school district reversed its decision. "I think a lot of students feel they are marginalized in society. They’re teenagers. They don’t have many rights and they feel like they’re squished by adults and people in general," Cope said. "The student paper becomes an outlet for those feelings, and a way for students to explore their world." (Juliette Tang)

THE SCOTS EXPRESS


Last November, the principal of Carlmont High School in Belmont shut down the student paper, The Scots Express. School officials claimed that the paper lacked adequate faculty oversight after it published a satirical article about the writer’s sex appeal.

Editor-in-chief Alex Zhang fought back against what he saw as censorship and rejected school officials’ justifications. "I just wanted my paper back," he told the Guardian.

In response to the uproar over what many saw as a muzzling of the press, the Sequoia Union High School District began training Carlmont staff on First Amendment rights and mandated an overhaul of the school’s freedom of speech policy. The district is planning an expansion of its journalism programs in the school curriculum and a partnership with the San Francisco Peninsula Press Club.

Zhang is working on relaunching the publication in late March under the faculty oversight of English teacher Raphael Kauffmann. "You can’t have a democracy without freedom of information," Zhang said. "And I’m proud to be one of those young journalists who care about the freedom of information." (Joe Sciarrillo)

Advocacy

KATHI AUSTIN


As the Guardian chronicled in a cover story last year ("Hunting the lord of war," June 23, 2008), San Francisco-based human rights investigator Kathi Austin has spent almost two decades tracking down and exposing those who have made a business out of human rights violations.

Most recently, Austin helped bring the notorious Viktor Bout, a Russian entrepreneur accused of illegally trafficking weapons to brutal regimes from Colombia to the Congo.

"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."

Thanks largely to Austin’s work, Bout was arrested in Thailand in March 2008 and will likely face criminal charges in the United States. Despite working in treacherous places like Angola and Rwanda, doing meticulous and time-consuming research, Austin said her approach is simple: "What’s wrong and who’s doing it?"

Her patience and persistent pursuit of international justice have led Austin to positions at the U.N., the World Bank, the Center for Human Rights, and the Council on Foreign Relations, to name a few. A Paramount picture featuring Angelina Jolie as Austin is reportedly in production — a fittingly karmic return of celebrity for someone who has worked so long under the public radar. (Breena Kerr)

Electronic access

MAPLIGHT.ORG


Once upon a time, before 2005, the only way to connect the dots between the dollars contributed to politicians and the special access and favorable laws they subsequently granted to contributors was to wade through reams of campaign finance filings. While everyone knew that money talked, few knew just how much campaign cash was dictating public policy.

But now, thanks to MAPlight.org, a Berkeley nonprofit that uses sophisticated analytical tools to produce visually pleasing, easy-to-use charts, there is now a fun, simple way to follow the money.

MAPlight began by putting up data connected to the pro-consumer bill informally known as the Car Buyer’s Bill of Rights. "The data showed that car dealers gave twice as much to Sacramento legislators who voted to kill the bill than to those who voted to pass it," executive director David Newman recalled.

Next, MAPlight pioneered the combination of campaign dollars and politicians’ votes when it launched its U.S. Congress site in May 2007. Most recently its research showed that House members who voted for the $700 billion financial bailout bill received 50 percent more money from the financial services industry than those who voted against it.

Newman plans to expand to all 50 states. "Wherever there is journalism to be done, MAPlight can provide support and help promote openness and transparency in government." (Sarah Phelan)


The Northern California Chapter of the Society of Professional Journalists hosts its annual James Madison Awards dinner March 18 in the New Delhi Restaurant, 160 Ellis St., SF. The no-host reception begins at 5:50 p.m. followed by dinner and the awards programs at 6:30 p.m. Tickets are $50 for SPJ members and $70 for non-members. For reservations or information, contact Freedom of Information Committee chair David Greene at (510) 208-7744 or dgreene@thefirstamendment.org or visit www.spjchapters.org/norcal.

Newsom’s new spirit of cooperation …

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By Tim Redmond

… Is utter bullshit.

The mayor proclaimed that he’s going to try harder to work with the Board of Supervisors, and that he sees David Chiu as much more of a potential ally than outgoing board prez Aaron Peskin — but already we’re seeing what that means. Consider:

The supervisors voted 8-0 last week to nominate Ross Mirkarimi for a coveted slot on the California Coastal Commission. It’s an important job, and requires someone with a strong comittment to environmental issues. So what does Newsom do? He ignores the board vote, refuses to defer to the unanimous wishes of Mirkarimi’s colleagues, and instead puts forward Michela Alioto-Pier.

That’s Alioto-Pier, who loves developers and is among the worst environmental votes on the board. Alioto-Pier, who got appointed to the Golden Gate Bridge District a while back then missed half the meetings. Alioto-Pier, who would never get the support of more than two of her colleagues for any kind of important or high-profile job.

The final decision is in the hands of State Sen. President Darryl Steinberg, who has a few more pressing things to think about at the moment.

But the Sierra Club is supporting Mirkarimi. Assembly member Tom Ammiano is supporting Mirkarimi. State Sen. Leland Yee is supporting Mirkarimi. I haven’t been able to reach Sen. Mark Leno yet, but he ought to be supporting Mirkarimi.

Which leaves the mayor defying the supes, defying most of the state Legislative delegation and pushing an unqualified candidate in what can only be an F.U. to the supervisors he so recently pledged to work with. (I emailed his press office and asked why Newsom did this, but they haven’t gotten back to me.)

Some spirit of cooperation.

UPDATE: Leno tells me he is supporting Mirkarimi. But there’s a new twist: The mayor CAN’T nominate Alioto-Pier for the Coastal Commission. He doesn’t have the legal authority. It turns out that in a city and county like San Francisco, nominations can only be made by the supervisors. Government Code Section 50279.2 states:

Notwithstanding any other provision of this article, in any county in which there is only one incorporated city, the legislative body of such city is hereby created and shall serve as the city selection committee

Newsom didn’t check before he put the word out, and now he looks like a fool. In fact, I’m told his office is now trying to pretend they never nominated Alioto-Pier in the first place. (Not that the mayor ever worried about things like state law in managing his office.

Hell of a job our guy is doing running this town.

Ammiano, Yee take on BART police

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By Tim Redmond

There’s action on the state level to force the BART Board to create some level of civilian oversight for the BART police.

The action comes in the wake of the fatal shooting Jan. 1 of Oscar Grant — an apparent case of gross police misconduct caught on numerous cell-phone videos.

Assemblymember Tom Ammiano and state Sen. Leland Yee are introducing legislation to require some form of civilian oversight for the BART police. The state has every right to do that; the BART police only exist as a force with full peace officer powers because the state Legislature granted BART that authority in 1976.

Yee and Ammiano were responding to the shooting and to a Guardian editorial pointing out the long history of problems with the BART police and calling for civilian oversight.

Sup. David Campos will introduce a similar resolution at the Board of Supervisors soon.

Meanwhile, the BART police are saying they can’t talk to the officer because he’s resigned. That’s such nonsense — the guy is no longer a cop, so Internal Affairs can’t question him, but he is, by any standard, a homicide suspect, and the BART police, Oakland police and Alameda County Sheriff’s office can all seek to question him.

In fact, it’s likely he resigned because his lawyer suspects there might be criminal charges.

Furor in the sheriff’s union

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› news@sfbg.com

The president of the San Francisco Deputy Sheriffs’ Association, who has made no secret of his larger political ambitions, is fighting a lawsuit by union members who allege that he embezzled money and improperly donated union funds to local campaigns.

The suit seeks to oust David Wong as president and force an audit of the union’s financial records.

Captain Johna Pecot, Chief Deputy Thomas Arata, senior deputy Rick Owyang, Lieutenant Stephen Tilton, and deputy Joseph Leake allege in the lawsuit that Wong collected a double salary, used union money to pay his personal mortgage, made numerous unauthorized political contributions, began an outside foundation using the SFDSA’s name, and ended an important union affiliation, all in violation of the SFDSA bylaws.

On top of that, they say he led a campaign to kick Pecot and Arata out of the union after the two began requesting to look into the SFDSA finances.

The lawsuit has obvious political implications. Wong is an elected member of the San Francisco Democratic County Central Committee. He challenged incumbent Sheriff Mike Hennessey for the elected post in 2007, and has said that he would consider running again in 2011. Some observers say that Hennessey, who has been in office 28 years, may be ready to retire at the end of this term.

Pecot and Arata are senior officers and close to Hennessey.

Wong’s attorney, Larry Murray, says the complaint, filed in federal court Nov. 10th, has "no specific information" about the alleged fraud. He’s asked that the case be dismissed. "The Complaint reveals nothing more than a round of an ongoing local dispute between union management and a few disgruntled members whose allegations long ago have been independently investigated and proven without merit," according to Wong’s motion.

Wong wouldn’t comment to us about the case, although he told Vic Lee of KGO-TV that "This is purely politics, political." But if any of the serious charges stand up in court, it could complicate any future run for office.

"We have not asked for any money in our lawsuit, we have asked that there be accountability and the books be opened," Tilton told us.

WHO PAID WHOM — AND HOW MUCH?


In 2002, the union board approved a plan to pay the salary of a full-time union president, the suit states, and between 2003 and 2005, funds totaling $285,367 were appropriated to pay Wong. However, it states, "in 2003 SFDSA members learned that the sheriff’s department was continuing to pay David Wong his regular … salary." Upon the discovery the board cut his union pay to $24,000 a year, but "the excess funds … have never been restored to SFDSA," the suit charges.

The exact financial figures would come out in a trial, but at this point, the picture is murky. Susan Fahey, a spokeswoman from the sheriff’s department, said that Wong is considered a permanent civil servant and that under the collective bargaining agreement between the city and the DSA, 40 percent of his $86,538.92 salary is paid by the sheriff’s department and 60 percent is paid by the SFDSA.

"It’s not double salary," Murray said. "There’s two employers: one hires him for 40 percent of the time, the other 60 percent."

The lawsuit claims that the union used a rather unusual procedure to compensate Wong. Instead of paying his salary directly to him, it alleges, the union paid the money to the banks that held Wong’s mortgage.

A 2004 report on an internal union investigation of the practice, a copy of which was filed with the suit, notes that the plan was a "Creative way to compensate the President of the DSA for the salary difference … in a manner that did not create liabilities to the Association as an employer." The investigation found that Wong "has not committed any violation of law" but stated that the judgment used to devise this compensation method was "extremely poor."

Eileen Hirst, the San Francisco Sheriff’s Department chief of staff, wouldn’t comment on the case, calling it "entirely internal" to the SFDSA.

THE GENDER LAWSUIT


This isn’t the only lawsuit involving the union, Arata, Pecot, and Tilton. The three senior staffers are named defendants in a gender-discrimination lawsuit filed last year against the sheriff’s department.

Murray — Wong’s lawyer — also represents the plaintiffs, 35 male and female deputies, in the 2007 case that alleges that the sheriff’s department practice of allowing only female deputies to enter women’s jail pods exposes those deputies to greater harm and amounts to gender discrimination. Wong isn’t mentioned in the suit by name, but his response to the more recent case refers to it as "round one of this dispute."

In the fall of 2007, shortly after the gender discrimination case was filed, Pecot and Arata began looking into the SFDSA books. Pecot, who is a sheriff’s captain, told the Guardian that after she requested access to the records, Wong began a campaign to have the SFDSA bylaws amended by vote so that captains and chiefs — who are senior managers in the department — could no longer be SFDSA members.

The union membership approved the change in April, Pecot told us. According to the 2008 complaint, Wong had been "disseminating false and misleading information regarding Plaintiffs in attempt to wrongfully expel them from membership in the SFDSA."

The lawsuit also alleges that Wong and SFDSA’s treasurers have "divest[ed] the SFDSA of more than $500,000 of its funds" since 2002. That money, the suit claims, may have gone to the SFDSA Foundation — an organization that, according to the complaint, has no affiliation with the SFDSA.

The complaint states that Wong "deliberately chose the name for his sham organization to deliberately confuse and mislead the public" and "used the income derived from his racketeering activities to establish or operate the SFDSA Foundation."

The suit charges that Wong made $65,000 in political contributions that weren’t approved by the union board. Since 2002, the SFDSA has made contributions to candidates such as Assemblymember Fiona Ma, former state treasurer Phil Angelides, state senator Leland Yee, former secretary of state Kevin Shelley, and other state politicians.

Another point of contention revolves around a building fund that Pecot said was created by the SFDSA to purchase a headquarters building. The union’s been doing business at 444 Sixth Street for the past six years. Pecot says that until recently, she thought the property was owned by the SFDSA. She found out that in fact Wong was leasing it with nearly $200,000 from the building fund, and the complaint specifies that Wong and the treasurer at the time "falsely represented to the SFDSA membership that the SFDSA had purchased a building and was paying a mortgage."

Another money issue that the plaintiffs say they tried to resolve before going to court concerns funds that allegedly have been missing since the termination of the SFDSA’s affiliation with Operating Engineers Local 3. When Wong became SFDSA president in 2002, the SFDSA was affiliated with OE Local 3, another union that handled some legal work for deputies, a service for which each SFDSA member paid $27 per month. But Wong ended the affiliation in May of this year — a move plaintiffs say was not approved by the board.

Wong sent out a memo at the end of May that explained why he ended the affiliation. The document states that the Operating Engineers wanted SFDSA members to pay twice the amount for the same legal defense and since that wasn’t "fair to the membership," he reached a new agreement with a private law firm for legal representation.

After ending the affiliation, however, the SFDSA continued to collect $27 a month from each member, totaling more than $67,500, according to the complaint.

During a Nov. 21 press conference, plaintiff Leake read from a statement that said, "Because of President Wong’s concealment and refusal to provide access to DSA records, we are not able to determine the exact amount of missing funds, nor are we able to identify all the recipients of the misappropriated funds."

"President Wong has thus far avoided accountability for these missing funds by conducting a practice of concealing and refusing to provide access to SFDSA records," said Leake.

Even though SFDSA bylaws say that "all members in good standing shall have the right to examine the books," Owyang said the union members found it necessary to file a lawsuit to get internal financial information. "It’s a sad situation," Tilton said, "when we have to get books opened up in federal court."

Murray said that he’s provided the plaintiffs’ attorneys with all of the information they need. "Some financial information was provided to us," said Louis Garcia, attorney for the plaintiffs. "But we have no confirmation or information regarding its authenticity. Also, the information is only a small portion of the total records that we’re entitled to inspect."

Decongest me

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› sarah@sfbg.com

San Francisco could raise $35 million to $65 million for public transit improvements annually by charging drivers $3 to cross specific downtown zones during peak travel hours, according to a San Francisco County Transportation Authority congestion pricing study.

The aim of those fees, SFCTA staffers say, is to reduce congestion, making trips faster and more reliable, neighborhoods cleaner, and vehicle emissions lower, all while raising money to improve local and regional public transit and make the city more livable and walkable — improvements they hope will get even more folks out of their cars.

London, Rome, and Stockholm already have congestion pricing schemes, but plans to charge congestion fees in New York got shelved this July, reportedly in large part because of New Jersey officials’ fears that low-income suburban commuters would end up carrying a disproportionate burden of these fees.

As a result of New York’s unanticipated pressing of the pause button, San Francisco now stands poised to become the first city in the United States to introduce congestion pricing. But the plan requires approval from both local officials as well and the state legislature.

As SFCTA executive director Jose Luis Moscovich told the Guardian last week, "The state has control over passage of goods and people. Therefore, if we want to restrict that in any way, e.g. charging a congestion fee, [we] have to get the state’s permission."

If a congestion pricing plan is to go forward, it will need the support of Mayor Gavin Newsom. Wade Crowfoot, the mayor’s climate change advisor, told us, "It’s obvious that the mayor embraces the concept, as he laid out in his 2008 inaugural address."

But Newsom isn’t signing the dotted line just yet. "The mayor wants to make sure that there are no negative impacts that would make people not want to come to San Francisco, or would harm low-income people who live in areas that are not served by public transit and have no other choice but to drive," Crowfoot said.

"We are encouraging the [Transportation Authority] to do vigorous public outreach so that no one feels blindsided," Crowfoot added.

But as SFCTA executive director Jose Luis Moscovich explained Nov. 25 to the supervisors, who also constitute the transportation authority board, even if San Francisco gets the legislative green light, it could take two to three years to implement a congestion pricing plan.

"We’re not making a proposal," Moscovich said. "We’re just showing the initial results of our analysis."

That said, it’s clear Moscovich believes congestion pricing is feasible and would contribute to local, regional, and statewide transit goals.

TOO MANY PEOPLE


With San Francisco planning to accommodate 150,000 new residents and 230,000 new jobs over the next 25 years, Moscovich’s principal transportation planner, Zabe Bent, outlined four scenarios last week that would mitigate impacts in already congested areas.

These scenarios involve a small downtown cordon, a gateway fee with increased parking pricing downtown, a double ring that combines gateway crossings with additional fees downtown, and a cordon that imposes fees on crossings into the city’s northeast corner. (See www.sfmobility.org for details, including maps of the four possible zone scenarios.)

It seems likely the SFCTA will pursue the double ring or northeast cordon option.

As Bent told the board, "If the zone is too small, people will drive around it. And drivers within the zone could end up driving more, thereby eroding anticipated congestion benefits."

But all four scenarios aim to alleviate an additional 382,000 daily trips and 30 percent extra time lost to traffic congestion that would otherwise occur by 2030, according to SFCTA studies.

"We won’t reach environmental goals through clean technology alone," Bent explained. "Even if everyone converted to a Prius, the roads would still be congested."

Observing that it already costs at least $4 to get into the city by car — on top of $2 per gallon for gas and high parking fees — Bent argued that congestion, which cost the city $2 billion in 2005, reduces San Francisco’s competitiveness and quality of life.

Stockholm raised $50 million a year and reduced congestion by 22 percent with congestion fees, while London raised $200 million a year and reduced congestion by 30 percent.

In San Francisco, the SFCTA used computer models to determine that by charging $3 per trip at peak hours, the region would get maximum benefits and minimum impacts.

Discounts would be available for commercial fleets, rentals, car shares, and zone residents, Bent said, with toll payers getting a $1 "fee-bate" and taxis completely exempt.

As Moscovich noted, "Taxis are viewed as an extension of the public transit system."

BIG BUSINESS GRUMBLES


With concerted public outreach scheduled for the next two months, and business groups already grumbling about even talking about any increases to the cost of shopping and commuting with the economy in meltdown, Moscovich warned the supervisors not to wait until after the next economic boom hits, before planning to deal with congestion.

"Now is the right time to study it, but not implement it yet," Moscovich said.

Kathryn Phillips of the Sacramento-based Environmental Defense Fund told the Board that in Stockholm, public support grew to 67 percent once a congestion fee was in place.

"People saw that it reduced congestion, provided more public transit services, and made the city more livable and walkable," Phillips said.

BART director and Livable City executive director Tom Radulovich believes that free downtown transit would make the fees more palatable. "Fares could be collected when you get off the train if you travel outside of the zone," Radulovich said.

Noting that BART is approaching its limits, Muni Metro needs investments, and parking fees are an effective tool for managing congestion, Radulovich added. "Congestion pricing’s main criteria should not be to make traffic move faster. I don’t want to create more dangerous streets, but generally speaking, I think that plan is on the right track."

As for fears that San Francisco’s plans could tank at the state level because of concerns about working-class drivers being unfairly burdened, Radulovich noted that SFCTA studies at Doyle Drive determined that only 6 percent of peak hour drivers are low-income.

"The vast majority are earning more than $50,000 a year," Radulovich said. "And since the number of low-income drivers is very small, they could be given discounts. The real environmental justice issue here is what current congestion levels are doing to people living downtown, who are mostly low-income. They put up with inhumane levels of traffic and congestion, which affects the health and livability of their neighborhoods."

Dave Synder, transportation policy director for SPUR (San Francisco Planning and Urban Research Association), said he believes the regressive tax argument is a misleading attack.

"The truth is, that without the revenues this program will bring, the MTA will have to cut service for poor people, not increase service to meet increased demand for people who can no longer afford to drive," Synder told us.

But several local business groups are claiming that San Francisco doesn’t have a congestion problem compared to European cities.

Ken Cleveland of San Francisco’s Building Owners and Managers Association, said he believes that reports of congestion in San Francisco "are more hype than reality.

"We have no problem compared to London, Rome, and Stockholm," Cleveland said. "Congestion fees may work when you have a huge city with millions of people crammed in, like in London, Manhattan, Rome, but not in San Francisco."

Cleveland urged a hard look at what this increase means for people who drive now. " Fees of $160 a month would be "a real hit" on the middle and working classes, he said.

Jim Lazarus of the San Francisco Chamber of Commerce said he opposed a local cordon, but supports a regional congestion pricing program. "Look out the window at 10.45 a.m., and you’ll see that there is no congestion on Montgomery and Pine," Lazarus told us, noting that unlike London, which covers 600 square miles, San Francisco only has a 49-square-mile footprint.

"If you decide not to go into downtown London, the odds are your taxes, jobs, and revenues will still go into London’s coffers," he said. "That’s not the case in San Francisco. So from a small business point of view, it doesn’t make sense."

Bent says the SFCTA’s study provides numbers that are irrefutable, in terms of showing how travel times are impacted by congestion, during peak hours. "We’re talking about modest improvements in speed, but significant improvements in travel time," Bent said.

The proposed fees won’t affect shoppers, museum-goers, or those going out at night, but would benefit all users of the public transit system, Moscovich said.

"We’re not designing for London, we’re designing for San Francisco," Moscovich told the Guardian. "And this is not an anti-automobile program. This is an effort to achieve a balanced transportation system."

With the congestion fee revenue reinvested in transportation infrastructure, Moscovich adds, public transit will be less crowded, and provide more frequent, faster service.

"It all makes perfect internal sense: folks with the least resources are likely to benefit the most," said Moscovich, who predicts that San Francisco will agree on some form of congestion pricing.

"The mayor wants to be seen as a leader in initiating climate change commitment, and transportation is one of the first ways to achieve this," he said. "Especially since 50 percent of San Francisco’s greenhouse emissions occur during peak hour travel."

"We’re trying to change behavior, not just engineering. We don’t want people in cars. … For every pollution-free Prius, you have diesel buses and older cars sitting in traffic idling, essentially eroding any benefits. The best way to optimize results is to get some cars out of the peak hour."

Sup. Jake McGoldrick, who is president of the SFCTA board and has supported the congestion fee-pricing system since it was implemented in London, said that "business will have to step up [and] make a willing suspension of disbelief to see that enhanced mobility will enhance business opportunities.

"There will be no need to get mauled at the mall," McGoldrick predicts. "San Francisco has wonderful things to offer, not just a sterile, homogenous, single-purpose environment. You can’t match museums and cultural amenities out at the malls. San Francisco is a cultural center, not just a strip mall."

McGoldrick, who is termed out in January, said that the new Board "will lean very positively toward doing this." He added that state representatives, including Sens. Leland Yee and Mark Leno and Assembly Members Fiona Ma and Tom Ammiano "will see the benefits.

"They should be willing to carry the banner because of the long term benefits for their grandchildren," McGoldrick said.

(The Board will consider the congestion pricing scenarios and impacts Dec. 16. See www.sfmobility.org for details of public workshops and meetings.)

DCCC endorses….

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The newly elected progressive block of the local Democratic Party flexed their muscles during tonight’s endorsements. It was a full house, with only Rep. Nancy Pelosi’s seat empty. She neglected (perhaps purposefully) to send a proxy.

Many of the supervisors’ measures passed — including the Affordable Housing measure and the Clean Energy Act. All of the items put on the ballot by Mayor Gavin Newsom failed, despite a small consistent cabal following his centrist party line. Sen. Dianne Feinstein’s proxy cast steady abstentions on many local issues, with notable “no” votes against Affordable Housing, Clean Energy, and decriminalizing prostitution. She did, however, support Newsom’s Community Justice Center, which some pointed out had already been funded and should have been taken off the ballot.

All the progressive candidates handily won top seats, with David Campos beating out Eric Quezada in the hot district nine race. Nods went to incumbents Elsbernd and Chu. There was a lot of debate over whether to select second and third choices for ranked choice voting in the district supervisor races. Though there were attempts to get second and third seats filled, there was too much division among candidates and enough progressives stuck with “no endorsement” for those seats to keep solidarity behind the top seeded candidate. After some talk about the need to have at least one woman on the slate, Denise McCarthy, running in district three, was the only candidate to receive the second billing, getting votes from Debra Walker and Michael Goldstein, who stepped outside the progressive contingent that was urging a “no endorsement” vote to keep loyalty lined up behind Chiu.

The Clean Energy Act received a healthy majority of 22, with more choosing to abstain than cast a “no.” Tom Hsieh, Joe Julian, Megan Levitan, Mike Tuchow, Dianne Feinstein, and August Longo, voted against it while Laura Spanjian, Scott Wiener, Jackie Speier, Leland Yee, and Fiona Ma, abstained.

The complete rundown, after the jump:

Pelosi and the Clean Energy Act

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Paul Hogarth at BeyondChron raises an excellent question: Will Nancy Pelosi, who says she supports Al Gore’s ambitious renewable-energy goals, support San Francisco’s Clean Energy Act?

Pelosi can’t easily duck it, since the Democratic County Central Committee will vote tomorrow night on whether to endorse the Charter Amendment, and Pelosi is a member of that panel. She never goes, of course, but she has a proxy, who presumably will be voting the way the Speaker has instructed. So we shall see.

We shall also see where FIona Ma, Leland Yee, and Betty Yee, all members of the DCCC, are on this landmark measure.

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."

High speed rail moves forward

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smallrail.jpg

The California High Speed Rail Authority, during a meeting this morning in San Francisco, voted unanimously to set the Bay Area route through the Pacheco Pass and up the peninsula into the Transbay Terminal and to approve the related environmental documents. The action ends a three-year controversy over whether to bring the proposed high-speed rail line over Pacheco Pass, a cheaper and easier option favored by most Bay Area politicians and government agencies, or over the Altamont Pass, an option favored by groups such as the Planning and Conservation League and California Rail Foundation, which are threatening a lawsuit over today’s decision. The CHSRA board also voted unanimously today to pursue creation of a separate, regional rail line over Altamont that would connect into the high speed rail system.
Meanwhile, there are battles in Sacramento over Assembly Bill 3034, which would update the language and financial oversight provisions of Proposition 1, the $10 billion high speed rail bond measure on the November ballot, replacing current language that was written six years ago when the measure was first approved for the ballot before it was repeatedly pushed back by the Legislature. That bill, which needs a two-thirds vote of both legislative houses, is being heard tomorrow by the Senate Appropriations Committee.
Once built, the high speed trains would travel at up to 220 mph and make the trip from San Francisco to Los Angeles Union Station in about two and a half hours, mostly likely running entirely on renewable energy sources without the huge greenhouse gas output from either driving or flying. For a lengthy discussion of the project, its complicated politics, today’s vote, and the dramas surrounding AB 3034 and Senator Leland Yee, read next week’s Guardian.

Cow tipping in Daly City

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› gwschulz@sfbg.com

Daly City’s desperate campaign to shut down the famous Cow Palace and sell the land it’s located on to developers continues.

In the newest twist, promoters of shows and conventions that have long been held at the Cow Palace are being approached by officials from an expo center in San Mateo County about moving their events, which could increasingly drain the Cow Palace’s income and kill efforts to stop Daly City and its allies in Sacramento from selling it.

Some promoters also contacted the San Mateo County Event Center about a possible move, worried that efforts to demolish the Cow Palace will make it difficult for them to schedule future events. Chris Carpenter, general manager of the San Mateo center, refused to name the shows because the promoters have asked him not to say anything.

"We are very interested in filling as many dates as we can for the Event Center," Carpenter told the Guardian. "We have a very active sales department."

Carpenter denied that Daly City officials encouraged him to steal business from the Cow Palace, saying no one from the city had contacted him. But Daly City manager Pat Martel eagerly promoted the alternative venue on the KQED radio show Forum March 28.

"Today we have state-of-the-art facilities throughout the Bay Area where a number of events currently at the Cow Palace can continue…. The San Mateo County Expo Center would welcome the opportunity to keep that kind of business in the county," Martel said.

The San Francisco Flower and Garden show announced in late April that it was leaving the Cow Palace after 12 years and heading to San Mateo, where flower show proprietor Duane Kelly signed a five-year agreement. Kelly said he made the move because the state had long ago promised certain renovations and improvements would occur at the Cow Palace, but they never happened.

In the meantime, the San Mateo center received a $3 million renovation that included fresh paint and new carpet and draperies. It was simply a better situation for a show that relies on aesthetics, Kelly said.

Kelly added he wasn’t impressed with how Daly City officials and state senator Leland Yee have handled the discussions about the proposed sale by trying to exclude Cow Palace officials from deliberations about the venue’s future. He said it looked more to him like a land grab, and despite the construction of new, glitzy convention centers elsewhere, the Bay Area remains underserved.

"Particularly [San Francisco’s Moscone Center] does not lend itself to public shows because of the parking issue, and it’s a very expensive building to work in," Kelly said.

Following a March public meeting on the Cow Palace’s fate, officials at the San Mateo center approached the organizer of the Great Dickens Christmas Faire about moving that event. Kevin Patterson, who runs the fair and has since helped lead a campaign to save the Cow Palace, said the San Mateo center isn’t suitable because of the amount of space he needs and the cost required to alter his event logistically. Besides, he said, he likes the Cow Palace.

"Daly City just got greedy and pushed too hard and tried to get too much," Patterson said.

In December, Daly City officials voted to dispatch their lobbyist for a chat with Yee about developing the land after complaining that two years of lease negotiations over a 13-acre plot of Cow Palace property had gone nowhere. The lobbyist, Bill Duplissea, is a former Republican member of the State Assembly whose firm, Cline and Duplissea, has earned $266,000 from Daly City since 2001, according to state records, to "monitor budget issues" and hit up lawmakers like Yee.

Weeks after Daly City sent Duplissea after Yee, the senator introduced Senate Bill 1527, originally designating as "surplus" all 67 acres of state-owned property the Cow Palace sits on so that Daly City could purchase it, flip the valuable real estate to a developer, and await the local boost in tax revenue coming from new condos, storefronts, and a retail grocer.

Daly City was so determined to circumvent the Cow Palace on the issue that when the California Department of Food and Agriculture, which oversees the property, tried to convene peace talks between the Cow Palace and Daly City, Duplissea sent a letter to the state declaring that his client would prefer to deal only with Sacramento.

After the bill was introduced, Yee and Daly City officials embarked on a media blitz condemning the Cow Palace as a decrepit relic with event income that couldn’t sustain it. Many of the events Cow Palace hosts, Daly City complains, are offensive to the sensibilities of locals or don’t match the neighborhood fabric, like an annual gun show and the San Francisco–centric Exotic Erotic Ball, "a celebration of flesh, fetish, and fantasy," according to the ball’s Web site.

"Every single neighborhood association surrounding the Cow Palace asked the senator to carry this legislation," Yee spokesperson Adam Keigwin told us. "This was always about revitalizing the neighborhood."

After Cow Palace supporters mounted a resistance campaign, Yee came up with a mid-April "compromise" bill that would result in the sell-off of the 13-acre parking lot adjacent to the Cow Palace while appearing to protect the historic venue for now.

Patterson of the Great Dickens fair said a lease provision in the bill would be preferable so revenue could go toward giving the Cow Palace an earthquake retrofit and other needed improvements. But Keigwin said that’s not something the senator’s interested in.

The California Senate Government Organizational Committee was debating the bill as we went to press. That committee includes Yee and Sens. Jeff Denham and Mark Wyland, two Republican cosponsors of the bill who represent districts that aren’t affected by the Cow Palace at all.

Denham, whose District 12 contains the cities of Modesto and Salinas, tellingly promoted legislation two years ago asking the state to study transferring control over agricultural fairs to local governments, but it died in the assembly’s Appropriations Committee.

Opponents of Yee’s bill are concerned it could set a precedent for the state to declare other agricultural districts "surplus" and sell them to developers without local supporters and promoters of fairs and expos having a say in the matter, not unlike what the Cow Palace faces now.

A capitol insider also told us that because Yee declared SB 1527 "urgent" in hopes of rushing it through the legislature, it requires a two-thirds vote, hence the cosponsorships from two minority GOP lawmakers.

As for the future of the Cow Palace’s clients, we contacted the Grand National Rodeo, the San Francisco Sport and Boat Show, and the Golden Gate Kennel Club Dog Show, but didn’t hear back from representatives of any of these events.

Baba, a tattoo artist in Los Angeles, said San Francisco’s Body Art Expo, held at the Cow Palace, secured an agreement with the venue for another year, but he wouldn’t offer further details. Mega Productions, which hosts the event, didn’t return our call.

Howard Mauskopf, executive producer of the Exotic Erotic Ball, said he recently looked at other possible venues, but he’s keeping them confidential for now. The Moscone Center is big enough, Mauskopf said, "but they wouldn’t touch an event of this ilk." He added that the ball’s coordinators regularly receive letters from law enforcement commending them on the lack of trouble they cause.

"There are things we really like about the Cow Palace, which includes the fact that they kind of let the event happen the way it needs to happen," Mauskopf said. "It’s big enough. That’s the most important thing. And they have a very high-quality ticket office that really knows how to deal with consumers."

Endorsements

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>>Click here for the full-text version of this story

Wait, wasn’t the primary election back in February? Yes, it was — in a way. The California Legislature, in an effort to make the state more relevant (that turned out well, didn’t it?) moved the presidential primary several months earlier this year but left the rest of the primary races, and some key initiatives, for the June 3 ballot. There’s a lot at stake here: three contested Legislative races, two judicial races, a measure that could end rent control in California … vote early and often. Our endorsements follow.

National races

Congress, District 6

LYNN WOOLSEY


It’s an irony that the congressional representative from Marin and Sonoma counties is far to the left of the representative from San Francisco, but Lynn Woolsey’s politics put Nancy Pelosi to shame. Woolsey was against the Iraq war from the start and the first member of Congress to demand that the troops come home, and she continues to speak out on the issue. At the same time, she’s also a strong advocate for injured veterans.

Woolsey, who once upon a time (many years ago) was on welfare herself, hasn’t forgotten what it’s like to have trouble making ends meet. She’s a leading voice against cuts in social service spending and is now pushing a bill to increase food stamp benefits. She richly deserves reelection.

Congress, District 7

GEORGE MILLER


George Miller, who has represented this East Bay district since 1974, is an effective legislator and strong environmentalist. Sometimes he’s too willing to compromise — he worked with the George W. Bush administration on No Child Left Behind, a disaster of an education bill — but he’s a solid opponent of the war and we’ll endorse him for another term.

Congress, District 8

NO ENDORSEMENT


Cindy Sheehan, the antiwar activist, is moving forward with her campaign to challenge Nancy Pelosi as an independent candidate in November, and we wish her luck. For now, Pelosi, the Speaker of the House and one of the most powerful people in Washington, will easily win the Democratic primary.

But Pelosi long ago stopped representing her San Francisco district. She continues to support full funding for Bush’s war, refused to even consider impeachment (back when it might have made sense), refused to interact with war critics who camped out in front of her house … and still won’t acknowledge it was a mistake to privatize the Presidio. We can’t endorse her.

Congress, District 13

PETE STARK


You have to love Pete Stark. The older he gets, the more radical he sounds — and after 32 years representing this East Bay district, he shows no signs of slowing down. Stark is unwilling to be polite or accommodating about the Iraq war. In 2007 he announced on the floor of the House that the Republicans "don’t have money to fund the war or children. But you’re going to spend it to blow up innocent people if we can get enough kids to grow old enough for you to send to Iraq to get their heads blown off for the president’s amusement." He happily signed on to a measure to impeach Vice President Dick Cheney. He is the only member of Congress who proudly admits being an atheist. It’s hard to imagine how someone like Stark could get elected today. But we’re glad he’s around.

Nonpartisan offices

Superior Court, Seat 12

GERARDO SANDOVAL


There aren’t many former public defenders on the bench in California. For years, governors — both Democratic and Republican — have leaned toward prosecutors and civil lawyers from big downtown firms when they’ve made judicial appointments. So the San Francisco judiciary isn’t, generally speaking, as progressive or diverse as the city.

Sup. Gerardo Sandoval, who will be termed out this year, is looking to become a judge — and there’s no way this governor would ever appoint him. So he’s doing something that’s fairly rare, even in this town: he’s running for election against an incumbent.

We’re happy to see that. It’s heartening to see an actual judicial election. Judges are technically elected officials, but most incumbents retire in the middle of their terms, allowing the governor to appoint their replacements, and unless someone files to run against a sitting judge, his or her name doesn’t even appear on the ballot.

Sandoval is challenging Judge Thomas Mellon, a Republican who was appointed by Gov. Pete Wilson in 1994. He’s not known as a star on the bench: according to California Courts and Judges, a legal journal that profiles judges and includes interviews with lawyers who have appeared before them, Mellon has a reputation for being unreasonable and cantankerous. In 2000, the San Francisco Public Defenders Office sought to have him removed from all criminal cases because of what the defense lawyers saw as a bias against them and their clients.

Sandoval hasn’t been a perfect supervisor, and we’ve disagreed with him on a number of key issues. But he’s promised us to work for more openness in the courts (including open meetings on court administration), and we’ll give him our endorsement.

State races and propositions

State Senate, District 3

MARK LENO


It doesn’t get any tougher than this — two strong candidates, each with tremendous appeal and a few serious weaknesses. Two San Francisco progressives with distinguished records fighting for a powerful seat that could possibly be lost to a third candidate, a moderate from Marin County who would be terrible in the job. Two people we genuinely like, for very different reasons. It’s fair to say that this is one of the hardest decisions we’ve had to make in the 42-year history of the Guardian.

In the end, we’ve decided — with much enthusiasm and some reservations — to endorse Assemblymember Mark Leno.

We will start with the obvious: this race is the result of term limits. Leno, who has served in the state Assembly for six years, argues, convincingly, that he is challenging incumbent state Sen. Carole Migden because he feels she hasn’t been doing the job. But Leno also loves politics, has no desire to return to life outside the spotlight, and if he could have stayed in the Assembly, the odds that he would have taken on this ugly and difficult race are slim. And if Leno hadn’t opened the door and exposed Migden’s vulnerability, there’s no way former Assemblymember Joe Nation of Marin would have thrown his hat into the ring. We’ve always opposed term limits; we still do.

That said, we’ll hold a few truths to be self-evident: In a one-party town, the only way any incumbent is ever held accountable is through a primary challenge. Those challenges can be unpleasant, and some — including Migden and many of her allies — argue that they’re a waste of precious resources. If Migden wasn’t scrambling to hold onto her seat, she’d be spending her money and political capital trying to elect more Democrats to the state Legislature. But Leno had every right to take on Migden. And win or lose, he has done a laudable public service: it’s been years since we’ve seen Migden around town, talking to constituents, returning phone calls and pushing local issues the way she has in the past few months. And while there will be some anger and bitterness when this is over — and some friends and political allies have been at each other’s throats and will have to figure out how to put that behind them — on balance this has been good for San Francisco. Migden has done much good, much to be proud of, but she had also become somewhat imperious and arrogant, a politician who hadn’t faced a serious election in more than a decade. If this election serves as a reminder to every powerful Democratic legislator that no seat is truly safe (are you listening, Nancy Pelosi?), then the result of what now seems like a political bloodbath can be only positive.

The Third Senate District, a large geographic area that stretches from San Francisco north into Sonoma County, needs an effective, progressive legislator who can promote issues and programs in a body that is not known as a bastion of liberal thought.

Both Migden and Leno can make a strong case on that front. Leno, for example, managed to get passed and signed into law a bill that amends the notorious pro-landlord Ellis Act to protect seniors and disabled people from evictions. He got both houses of the Legislature to approve a marriage-equality bill — twice. During his tenure in the unpleasant job of chairing the Public Safety Committee, he managed to kill a long list of horrible right-wing bills and was one of the few legislators to take a stand against the foolish measure that barred registered sex offenders from living near a park or school. Migden helped pass the landmark community-aggregation bill that allows cities to take a big step toward public power. She’s also passed several key bills to regulate or ban toxic substances in consumer products.

Migden’s record isn’t all positive, though. For a time, she was the chair of the powerful Appropriations Committee — although she gave up that post in 2006, abandoning a job that was important to her district and constituents, to devote more time to campaigning for Steve Westly, a moderate candidate for governor. When we challenged her on that move, she showed her legendary temper, attacking at least one Guardian editor personally and refusing to address the issue at hand. Unfortunately, that isn’t unusual behavior.

Then there’s the matter of ethics and campaign finance laws. The Fair Political Practices Commission has fined Migden $350,000 — the largest penalty ever assessed against a state lawmaker — for 89 violations of campaign finance laws. We take that seriously; the Guardian has always strongly supported ethics and campaign-finance laws, and this level of disregard for the rules raises serious doubts for us about Migden’s credibility.

Sup. Chris Daly posted an open letter to us on his blog last week, and he made a strong pitch for Migden: "While there are only a few differences between Carole and Mark Leno on the issues," he wrote, "when it comes to San Francisco politics, the two are in warring political factions. Carole has used her position in Sacramento consistently to help progressive candidates and causes in San Francisco, while Leno is a kinder, gentler Gavin Newsom."

He’s absolutely right. On the local issues we care about, Migden has been with us far more than Leno. When the public power movement needed money and support in 2002, Migden was there for us. When the University of California and a private developer were trying to turn the old UC Extension campus into luxury housing, Migden was the one who helped Sup. Ross Mirkarimi demand more affordable units. Migden was the one who helped prevent a bad development plan on the Port. Migden stood with the progressives in denouncing Newsom’s budget — and Leno stood with the mayor.

The district supervisorial battles this fall will be crucial to the city’s future, and Migden has already endorsed Eric Mar, the best progressive candidate for District 1, and will almost certainly be with John Avalos, the leading progressive in District 11. Leno may well back a Newsom moderate. In fact, he’s made himself a part of what labor activist Robert Haaland aptly calls the "squishy center" in San Francisco, the realm of the weak, the fearful, and the downtown sycophants who refuse to promote progressive taxes, regulations, and budgets at City Hall. His allegiance to Newsom is truly disturbing.

There’s a war for the soul of San Francisco today, as there has been for many years, and Leno has often tried to straddle the battle lines, sometimes leaning a bit to the wrong camp — and never showing the courage to fight at home for the issues he talks about in Sacramento. We’ll stipulate to that — and the only reason we can put it aside for the purposes of this endorsement is that Leno has never really had much in the way of coattails. He supports the wrong candidates, but he doesn’t do much for them — and we sincerely hope it stays that way.

While Leno is too close to Newsom, we will note that Migden is far too close to Gap founder and Republican leader Don Fisher, one of the most evil players in local politics. She proudly pushed to put Fisher — who supports privatizing public schools — on the state Board of Education.

A prominent local progressive, who we won’t identify by name, called us several months ago to ask how were going to come down in this race, and when we confessed indecision, he said: "You know, I really want to support Carole. But she makes it so hard."

We find ourselves in a similar position. We really wanted to support Migden in this race. We’d prefer to see the state senator from San Francisco using her fundraising ability and influence to promote the candidates and causes we care about.

But Migden has serious political problems right now, baggage we can’t ignore — and it’s all of her own making. Migden says her problems with the Fair Political Practices Commission are little more than technical mistakes — but that’s nonsense. She’s played fast and loose with campaign money for years. When it comes to campaign finance laws, Migden has always acted as if she rules don’t apply to her. She’s treated FPPC fines as little more than a cost of doing business. This latest scandal isn’t an exception; it’s the rule.

Unfortunately, it’s left her in a position where she’s going to have a hard time winning. Today, the election looks like a two-person race between Leno and Nation. And the threat of Joe Nation winning this primary is too great for us to mess around.

Despite our criticism of both candidates, we would be happy with either in the state Senate. We’re taking a chance with Leno; he’s shown some movement toward the progressive camp, and he needs to continue that. If he wins, he will have a huge job to do bringing a fractured queer and progressive community back together — and the way to do that is not by simply going along with everything Newsom wants. Leno has to show some of the same courage at home he’s shown in Sacramento.

But right now, today, we’ve endorsing Mark Leno for state Senate.

State Senate, District 9

LONI HANCOCK


This is another of several tough calls, another creature of term limits that pit two accomplished and experienced termed-out progressive assembly members against each other for the senate seat of termed-out Don Perata. We’ve supported both Loni Hancock and Wilma Chan in the past, and we like both of them. In this one, on balance, we’re going with Hancock.

Hancock has a lifetime of experience in progressive politics. She was elected to the Berkeley City Council in 1971, served two terms as Berkeley mayor, worked as the US Department of Education’s western regional director under Bill Clinton, and has been in the State Assembly the past six years. On just about every progressive issue in the state, she’s been an activist and a leader. And at a time when the state is facing a devastating, crippling budget crisis that makes every other issue seem unimportant, Hancock seems to have a clear grasp of the problem and how to address it. She’s thought through the budget calculus and offers a range of new revenue measures and a program to change the rules for budget passage (two-thirds vote in the legislature is needed to pass any budget bill, which gives Republicans, all but one who has taken a Grover Norquist–inspired pledge never to raise taxes, an effective veto).

Chan, who represented Oakland in the assembly for six years, is a fighter: she’s taken on the insurance industry (by cosponsoring a major single-payer health insurance bill), the chemical industry (by pushing to ban toxic materials in furniture, toys, and plumbing fixtures), and the alcoholic-beverages lobby (by seeking taxes to pay for treatment for young alcoholics). She’s an advocate of sunshine, not just in government, where she’s calling for an earlier and more open budget process, but also in the private sector: a Chan bill sought to force health insurance companies to make public the figures on how often they decline claims.

But she seems to us to have less of a grasp of the budget crisis and the level of political organizing it will take to solve it. Right now, at a time of financial crisis, we’re going with Hancock’s experience and broader vision.

State Assembly, District 12

FIONA MA


We were dubious about Ma. She was a pretty bad supervisor, and when she first ran for Assembly two years ago, we endorsed her opponent. But Ma’s done some good things in Sacramento — she’s become one of the leading supporters of high-speed rail, and she’s working against state Sen. Leland Yee’s attempt to give away 60 acres of public land around the Cow Palace to a private developer. She has no primary opponent, and we’ll endorse her for another term.

State Assembly, District 13

TOM AMMIANO


This one’s easy. Ammiano, who has been a progressive stalwart on the Board of Supervisors for more than 15 years, is running with no opposition in the Democratic primary for state Assembly, and we’re proud to endorse his bid.

Although he’s certain to win, it’s worth taking a moment to recall the extent of Ammiano’s service to San Francisco and the progressive movement. He authored the city’s domestic partners law. He authored the living wage law. He created the universal health care program that Mayor Newsom is trying to take credit for. He sponsored the 2002 public-power measure that would have won if the election hadn’t been stolen. He created the Children’s Fund. He authored the Rainy Day Fund law that is now saving the public schools in San Francisco. And the list goes on and on.

Beyond his legislative accomplishments, Ammiano has been a leader — at times, the leader — of the city’s progressive movement and is at least in part responsible for the progressive majority now on the Board of Supervisors. In the bleak days before district elections, he was often the only supervisor who would carry progressive bills. His 1999 mayoral challenge to incumbent Willie Brown marked a tectonic shift in local politics, galvanizing the left and leading the way to the district-election victories that brought Aaron Peskin, Matt Gonzalez, Jake McGoldrick, Chris Daly, and Gerardo Sandoval to office in 2000.

It’s hard to imagine the San Francisco left without him.

Ammiano will do a fine job in Sacramento, and will continue to use his influence to push the progressive agenda back home.

State Assembly, District 14

KRISS WORTHINGTON


This is another tough one. The race to replace Loni Hancock, one of the most progressive and effective legislators in the state, has drawn two solid, experienced, and well-qualified candidates: Berkeley City Council member Kriss Worthington and former council member Nancy Skinner. We like Skinner, and she would make an excellent assemblymember. But all things considered, we’re going with Worthington.

Skinner was on the Berkeley council from 1984 to 1992 and was part of a progressive majority in the 1980s that redefined how the left could run a city. That council promoted some of the best tenant protection and rent control laws in history, created some of the best local environmental initiatives, and fought to build affordable housing and fund human services. Skinner was responsible for the first local law in the United States to ban Styrofoam containers — a measure that caused McDonald’s to change its food-packaging policies nationwide. She went on to found a nonprofit that helps cities establish sustainable environmental policies.

Skinner told us that California has "gutted our commitment to education," and she vowed to look for creative new ways to raise revenue to pay for better schools. She’s in touch with the best economic thinkers in Sacramento, has the endorsement of Hancock (and much of the rest of the East Bay Democratic Party establishment), and would hit the ground running in the legislature.

Worthington, Berkeley’s only openly gay council member, has been the voice and conscience of the city’s progressive community for the past decade. He’s also been one of the hardest-working politicians in the city — a recent study by a group of UC Berkeley students found that he had written more city council measures than anyone else currently on the council and had won approval for 98 percent of them.

Worthington has been the driving force for a more effective sunshine law in Berkeley, and has been unafraid to challenge the liberal mayor, Tom Bates, and other leading Democrats. His campaign slogan — "a Democrat with a backbone" — has infuriated some of the party hierarchy with its clear (and intended) implication that a lot of other Democrats lack a spine.

"All of the Democrats in the assembly voted for 50,000 more prison beds," he told us. "We needed a Barbara Lee [who cast Congress’ lone vote against George W. Bush’s first war resolution] to stand up and say, ‘this is wrong and I won’t go along.’"

That’s one of the things we like best about Worthington: on just about every issue and front, he’s willing to push the envelope and demand that other Democrats, even other progressive Democrats, stand up and be counted. Which is exactly what we expect from someone who represents one of the most progressive districts in the state.

It’s a close call, but on this one, we’re supporting Kriss Worthington.

State ballot measures

Proposition 98

Abolition of rent control

NO, NO, NO


Proposition 99

Eminent domain reforms

YES, YES, YES


There’s a little rhyme to help you remember which way to vote on this critical pair of ballot measures:

"We hate 98, but 99 is fine."

The issue here is eminent domain, which is making its perennial ballot appearance. Californians don’t like the idea of the government seizing their property and handing it over to private developers, and the most conservative right-wing forces in the state are trying to take advantage of that.

Think about this: if Prop. 98 passes, there will be no more rent control in California. That means thousands of San Francisco tenants will lose their homes. Many could become homeless. Others will have to leave town. All the unlawful-evictions laws will be tossed out. So will virtually any land-use regulations, which is why all the environmental groups also oppose Prop. 98.

In fact, everyone except the Howard Jarvis anti-tax group hates this measure, including seniors, farmers, water districts, unions, and — believe it or not — the California Chamber of Commerce.

Prop. 99, on the other hand, is an unapologetic poison-pill measure that’s been put on the ballot for two reasons: to fix the eminent domain law once and for all, and kill Prop. 98 if it passes. It’s simply worded and goes to the heart of the problem by preventing government agencies from seizing residential property to turn over to private developers. If it passes, the state will finally get beyond the bad guys using the cloak of eminent domain to destroy all the provisions protecting people and the environment.

If anyone has any doubts about the motivation here, take a look at the money: the $3 million to support Prop. 98 came almost entirely from landlords.

This is the single most important issue on the ballot. Remember: no on 98, yes on 99.

San Francisco measures

Proposition A

School parcel tax

YES, YES, YES


Every year, hundreds of excellent teachers leave the San Francisco Unified School District. Some retire after a career in the classroom, but too many others — young teachers with three to five years of experience — bail because they decide they can’t make enough money. San Francisco pays less than public school districts in San Mateo and Marin counties and far less than private and charter schools. And given the high cost of living in the city, a lot of qualified people never even consider teaching as a profession. That harms the public school system and the 58,000 students who rely on it.

It’s a statewide problem, even a national one — but San Francisco, with a remarkable civic unity, is moving to do something about it. Proposition A would place an annual tax on every parcel of land in the city; the typical homeowner would pay less than $200 a year. The money would go directly to increasing pay — mostly starting pay — for teachers. The proposition, which has the support of almost everyone in town except the Republican Party, is properly targeted toward the newer teachers, with the goal of keeping the best teachers on the job past that critical three to five years.

Parcel taxes aren’t perfect; they force homeowners and small businesses to pay the same rate as huge commercial property owners. The way land is divided in the city most big downtown properties sit on at least five, and sometimes as many as 10 or 20 parcels, so the bill will be larger for them. But it’s still nowhere near proportionate.

Still, Prop. 13 has made it almost impossible to raise ad valorum property taxes (based on a property’s assessed value) in the state, and communities all around the Bay are using parcel taxes as a reasonable if imperfect substitute.

There’s a strong campaign for Prop. A and not much in the way of organized opposition, but the measure still needs a two-thirds vote. So for the sake of public education in San Francisco, it’s critical to vote yes.

Proposition B

City retiree benefits change

YES


San Francisco has always offered generous health and retirement benefits to its employees. That’s a good thing. But in this unfortunate era, when federal money is getting sucked into Iraq, state money is going down the giant deficit rat hole, and nobody is willing to raise taxes, the bill for San Francisco’s expensive employee benefit programs is now looking to create a fiscal crisis at City Hall. Officials estimate the payout for current and past employees could total $4 billion over the next 30 years.

So Sup. Sean Elsbernd and his colleagues on the Board of Supervisors have engineered this smart compromise measure in a way that saves the city money over the long run and has the support of labor unions (largely because it includes an increase in the pensions for longtime employees, partially offset by a one-year wage freeze starting in 2009) while still offering reasonable retirements benefits for new employees.

Previously, city employees who worked just five years could get taxpayer-paid health benefits for life. Under this measure, it will take 20 years to get fully paid health benefits, with partially paid benefits after 10 years.

It’s rare to find an issue that has the support of virtually everyone, from the supervisors and the mayor to labor. Prop. B makes sense. Vote yes.

Proposition C

Benefit denials for convicts

NO


On the surface, it’s hard to argue against Prop. C, a measure promoted as a way to keep crooks from collecting city retirement benefits. Sup. Sean Elsbernd’s ballot measure would update an ordinance that’s been on the books in San Francisco for years, one that strips public employees found guilty of "crimes of moral turpitude" against the city of their pensions. A recent court case involving a worker who stole from the city raised doubt about whether that law also applied to disability pay, and Prop. C would clear up that possible loophole.

But there are drawbacks this measure.

For starters, the problem isn’t that big: cases of rejected retirement benefits for city workers are rare. And the law still uses that questionable phrase "moral turpitude" — poorly defined in state law, never clearly defined in this measure, and as any older gay person can tell you, in the past applied to conduct that has nothing to do with honesty. The US State Department considers "bastardy," "lewdness," "mailing an obscene letter" and "desertion from the armed forces," among other things, to be crimes of moral turpitude.

Besides, Prop. C would apply not only to felonies but to misdemeanors. Cutting off disability pay for life over a misdemeanor offense seems awfully harsh.

The law that Elsbernd wants to expand ought to be rethought and reconfigured for the modern era. So vote no on C.

Proposition D

Appointments to city commissions

YES


Prop. D is a policy statement urging the mayor and the supervisors to appoint more women, minorities, and people with disabilities to city boards and commissions. It follows a study by the Commission on the Status of Women that such individuals are underrepresented on the policy bodies that run many city operations.

Despite the overblown concerns raised by local Republicans in the ballot arguments, this advisory measure would do nothing to interfere with qualified white males — or anyone else — getting slots on commissions.

Vote yes.

Proposition E

Board approval of San Francisco Public Utilities Commission appointees

YES


"The last thing we need is more politics at the San Francisco Public Utilities Commission," was the first line in Mayor Gavin Newsom’s ballot argument against Prop. E. That’s ironic: it was Newsom’s recent political power play — including the unexplained ousting of SFPUC General Manager Susan Leal and the partially successful effort to reappoint his political allies to this important body — that prompted this long overdue reform.

The SFPUC is arguably the most powerful and important of the city commissions, controlling all the vital resources city residents need: water, power, and waste disposal chief among them. Yet with the mayor controlling all appointments to the commission (it takes a two-thirds vote of the Board of Supervisors to challenge an appointment), that panel has long been stacked with worthless political hacks. As a result, the panel never pursued progressive approaches to conservation, environmental justice, public power, or aggressive development of renewable power sources.

Prop. E attempts to break that political stranglehold by requiring majority confirmation by the Board of Supervisors for all SFPUC appointments. It also mandates that appointees have some experience or expertise in matters important to the SFPUC.

If anything, this reform is too mild: we would have preferred that the board have the authority to name some of the commissioners. But that seemed unlikely to pass, so the board settled for a modest attempt to bring some oversight to the powerful panel.

Vote yes on Prop. E — because the last thing we need is more politics at the SFPUC.

Proposition F

Hunters Point-Bayview redevelopment

YES


Proposition G

NO


On the face of it, Proposition G sounds like a great way to restart the long-idle economic engine of the Bayview and clean up the heavily polluted Hunters Point Shipyard.

Who could be against a plan that promises up to 10,000 new homes, 300 acres of new parks, 8,000 permanent jobs, a green tech research park, a new 49ers stadium, a permanent home for shipyard artists, and a rebuild of Alice Griffith housing project?

The problem with Prop. G is that its promises are, for the most part, just that: promises — which could well shift at any time, driven by the bottom line of Lennar Corp., a financially stressed, out-of-state developer that has already broken trust with the Bayview’s low-income and predominantly African American community.

Lennar has yet to settle with the Bay Area air quality district over failures to control asbestos dust at a 1,500-unit condo complex on the shipyard, where for months the developer kicked up clouds of unmonitored toxic asbestos dust next to a K-12 school.

So, the idea of giving this corporation more land — including control of the cleanup of a federal Superfund site — as part of a plan that also allows it to construct a bridge over a slough restoration project doesn’t sit well with community and environmental groups. And Prop. G’s promise to build "as many as 25 percent affordable" housing units doesn’t impress affordable housing activists.

What Prop. G really means is that Lennar, which has already reneged on promises to create much-needed rental units at the shipyard, now plans to build at least 75 percent of its housing on this 770-acre waterfront swathe as luxury condos.

And with the subprime mortgage crisis continuing to roil the nation, there is a real fear that Prop. G’s final "affordability" percentage will be set by Lennar’s profit margins and not the demographics of the Bayview, home to the city’s last major African American community and many low-income people of color.

There’s more: The nice green space that you see in the slick Lennar campaign fliers is toxic and may not be fully cleaned up. Under the plan, Lennar would put condo towers on what is now state parkland, and in exchange the city would get some open space with artificial turf on top that would be used for parking during football games. Assuming, that is, that a deal to build a new stadium for the 49ers — which is part of all of this — ever comes to pass.

In fact, the lion’s share of a recent $82 million federal funding allocation will be dedicated to cleaning up the 27-acre footprint proposed for a new stadium. In some places, the city is planning to cap contaminated areas, rather than excavate and remove toxins from the site.

If the environmental justice and gentrification questions swirling around Prop. G weren’t enough, there remains Prop. G’s claim that it will create 8,000 permanent jobs once the project is completed. There’s no doubt that the construction of 10,000 mostly luxury homes will create temporary construction jobs, but it’s not clear what kind of jobs the resulting gentrified neighborhood will provide and for whom.

But one thing is clear: the $1 million that Lennar has already plunked down to influence this election has overwhelmingly gone to line the pockets of the city’s already highly paid political elite, and not the people who grew up and still live in the Bayview.

But there’s an alternative.

Launched as a last-ditch effort to prevent wholesale gentrification of the Bayview, Proposition F requires that 50 percent of the housing in the BVHP/Candlestick Point project be affordable to those making less than the median area income ($68,000 for a family of four).

That’s a reasonable mandate, considering that the city’s own general plan calls for two-thirds of all new housing to be sold or rented at below-market rates.

And if the new housing is built along Lennar’s plans, it will be impossible to avoid large-scale gentrification and displacement in a neighborhood that has the highest percentage of African Americans in the city, the third highest population of children, and burgeoning Latino and Asian immigrant populations.

Lennar is balking at that level, saying a 50-percent affordability mandate would make the project financially unfeasible. But if Lennar can’t afford to develop this area at levels affordable to the community that lives in and around the area, the city should scrap this redevelopment plan, send this developer packing, and start over again.

San Francisco has an affordable housing crisis, and we continue to doubt whether the city needs any more million-dollar condos — and we certainly don’t need them in a redevelopment area in the southeast. Remember: this is 700 acres of prime waterfront property that Lennar will be getting for free. The deal on the table just isn’t good enough.

Vote yes on F and no on G.

Proposition H

Campaign committees

NO


This one sounds just fine. Promoted by Mayor Gavin Newsom, Proposition H is supposedly aimed at ensuring that elected officials don’t solicit money from city contractors for campaigns they are sponsoring. But it lacks a crucial legal definition — and that turns what ought to be a worthy measure into little more than an attack on Newsom’s foes on the Board of Supervisors.

The key element is something called a "controlled committee." It’s already illegal for city contractors to give directly to candidates who might later vote on their contracts. Prop. H would extend that ban to committees, typically run for or against ballot measures, that are under the control of an individual politician.

Take this one, for example. Since Newsom put this on the ballot, and will be campaigning for it, the Yes on H campaign is under his control — he would be barred from collecting cash from city contractors, right? Well, no.

See, the measure doesn’t define what "controlled committee" means. So a group of Newsom’s allies could set up a Yes on H fund, raise big money from city contractors, then simply say that Newsom wasn’t officially aware of it or involved in its operation.

When Newsom first ran for mayor, the committee supporting his signature initiative — Care Not Cash — raised a fortune, and the money directly helped his election. But that wasn’t legally a "controlled committee" — because Newsom never signed the documents saying he was in control.

Prop. H does nothing to change that rule, which means it would only affect campaign committees that a politician admits to controlling. And guess what? Newsom almost never admits that, while the supervisors, particularly board president Aaron Peskin, are a bit more honest.

When Newsom wants to clearly define "controlled committee" — in a way that would have brought the Care Not Cash effort under the law — we’ll go along with it. For now, though, vote no on H.

San Francisco Democratic County Central Committee

The DCCC is the policy-making and operating arm of the local Democratic Party, and it has a lot of influence: the party can endorse in nonpartisan elections — for San Francisco supervisor, for example — and its nod gives candidates credibility and money. There’s been a struggle between the progressives and the moderates for years — and this time around, there’s a serious, concerted effort for a progressive slate. The Hope Slate, which we endorse in its entirety, has the potential to turn the San Francisco Democratic Party into a leading voice for progressive values.

There are other good candidates running, but since this group will have consistent support and is running as a slate, we’re going with the full crew.

13th Assembly District

Bill Barnes, David Campos, David Chiu, Chris Daly, Michael Goldstein, Robert Haaland, Joe Julian, Rafael Mandelman, Aaron Peskin, Eric Quezada, Laura Spanjian, Debra Walker

12th Assembly District

Michael Bornstein, Emily Drennen, Hene Kelly, Eric Mar, Jake McGoldrick, Trevor McNeil, Jane Morrison, Melanie Nutter, Connie O’Connor, Giselle Quezada, Arlo Hale Smith

Alameda County races

Superior Court judge, Seat 21

VICTORIA KOLAKOWSKI


There are two good candidates running for this open seat. Dennis Hayashi, a public-interest lawyer, would make a fine judge. Victoria Kolakowski would make history.

Kolakowski, who works as an administrative law judge for the California Public Utilities Commission, would be the first transgender person on the Alameda bench and, quite possibly, in the entire country. That would be a major breakthrough and important for more than just symbolic reasons: transpeople have extensive interactions with the judicial system, starting with the work to legally change their names; and, all too often, members of this marginalized community wind up in the criminal justice system. Having a sitting TG judge would go a long way toward educating the legal world about the importance of trans sensitivity.

Kolakowski is eminently qualified for the job: as a private intellectual property lawyer and later an ALJ at the CPUC, she’s handled a range of complex legal issues. She currently oversees administrative hearings that are very similar to court proceedings, and she has a calm and fair judicial temperament.

That’s not to denigrate Hayashi, who also has an impressive résumé. He’s spend much of his life in public-interest law, working for many years with the Asian Law Caucus, and he was co-counsel in the historic case that challenged Fred Korematsu’s conviction for refusing to report to a Japanese internment camp during World War II. He’s run the state’s Department of Fair Employment and Housing and was a civil rights lawyer in the Clinton administration.

We’d be happy to see either on the bench, but we’re going to endorse Kolakowski.

Board of Supervisors, District 5

KEITH CARSON


Keith Carson, the leading progressive on the board, has no real opposition this time around. He’s been a voice for protecting the fragile social safety net of the county, and we’re happy to endorse him for another term.

Oakland races

City Attorney

JOHN RUSSO


John Russo, who has made no secrets of his political ambition, failed in a bid to win the State Assembly seat for District 16 in 2006, and now he’s running unopposed for reelection. Russo has voiced some pretty ridiculous sentiments: he told a magazine for landlords in May 2006 that he opposed all forms of rent control and was against laws requiring just cause for evictions. That’s a horrible stand for a city attorney to take in a city with a huge population of renters. But Russo is smart and capable, and he’s one of the few city attorneys who consistently supports sunshine laws. We’ll endorse him for another term.

City Council, District 1

JANE BRUNNER


An attorney and former teacher, Jane Brunner spends a lot of time pushing for more cops; crime is the top issue in the North Oakland district she represents. And while we’d rather see anticrime approaches that go beyond hiring more officers, we appreciate that Brunner takes on the police department over its hiring failures. We also find her far more preferable on the issue than her opponent, Patrick McCullough, a longtime neighborhood activist who has become something of a celebrity since he shot a teenager who was hassling him in front of his house in 2005.

Brunner is one of the council’s strongest affordable housing advocates and has worked tirelessly for an inclusionary housing law. She deserves reelection.

City Council, District 3

NANCY NADEL


Nadel is hardworking, effective, a leader on progressive economic and planning issues, and one of the best members of the Oakland City Council. She asked the hard questions and demanded improvements in the giant Oak to Ninth project (although she wound up voting for it). She’s pushing for better community policing and promoting community-based anticrime efforts, including a teen center in a part of her district where there have been several homicides. She was a principal architect of the West Oakland industrial zoning plan, which she hopes will attract new jobs to the community (although she also pissed off a few artists who fear they’ll be evicted from living spaces that aren’t up to code, and she needs to address the problem). We’re happy to endorse her for another term.

City Council, District 5

MARIO JUAREZ


Somebody has to try to oust Ignacio De La Fuente, and this time around, Juarez is the best bet. A small-businessperson (he runs a real-estate operation with around 60 employees), he has some surprisingly progressive positions: he not only supports inclusionary housing but told us that he wanted to see the percentage of affordable units increased from 15 to 25 percent. He wants to see community policing integrated fully into Oakland law enforcement. He suggested that Oakland look into putting a modest fee on all airport users to fund local education. And he’s in favor of stronger eviction controls and tenant protections.

De La Fuente, the City Council president, has been the developers’ best friend, has run meetings with a harsh hand, often cutting off debate and silencing community activists, and needs to be defeated. We know Juarez isn’t perfect, but his progressive grassroots-based campaign was strong enough to get him the nod of both the Democratic Party and the Alameda County Greens. We’ll endorse him, too.

City Council, District 7

CLIFFORD GILMORE


Neither of the candidates in this race are terribly impressive, but incumbent Larry Reid has been so terrible on so many issues (supporting big-box development, inviting the Marines to do war games in Oakland, supporting condo conversions, etc.) that it’s hard to imagine how Clifford Gilmore, director of the Oakland Coalition of Congregations, could be worse.

City Council, at large

REBECCA KAPLAN


Rebecca Kaplan is exactly what the Oakland City Council needs: an energetic progressive with the practical skills to get things done. As an AC Transit Board member, she pushed for free bus passes for low income youths — and defying all odds, managed to get all-night transit service from San Francisco to the East Bay. She did it by refusing to accept the conventional wisdom that transit agencies on the two sides of the bay would never cooperate. She put the key players together in a meeting, convinced the San Francisco supervisors to allow AC Transit buses to pick up passengers in the city late at night, and put through an effective program to get people across the bay after BART shuts down.

Kaplan is running for City Council on a progressive platform calling for affordable housing, rational development, and community policing. Her latest idea: since Oakland has so much trouble attracting quality candidates for vacancies in its police department, she suggests the city recruit gay and lesbian military veterans who were kicked out under the Pentagon’s homophobic policies. Her proposed slogan: "Uncle Sam doesn’t want you, but Oakland does."

Vote for Rebecca Kaplan.

School Board, District 1

JODY LONDON


The Oakland schools are still stuck under a state administrator; the district, which was driven by mismanagement into a financial crisis several years ago, paid the price of a state bailout by giving up its independence. The school board has only limited authority of district operations, though that’s slowly changing. The state allowed the board to hire an interim superintendent, meaning issues like curricula and programs will be back under local control. So it’s a time of transition for a district that has had horrible problems, and the board needs experienced, level-headed leadership.

We’re impressed with Jody London, a parent with children in the public schools who runs a small environmental consulting firm. She has been active in the district, co-chairing the 2006 bond campaign that raised $435 million and serving on the bond oversight committee. She has a grasp of fiscal management, understands the challenges the district faces, and has the energy to take them on.

Her main opposition is Brian Rogers, a Republican who has the backing of outgoing state senator Don Perata and is a big fan of private charter schools. Tennessee Reed, a young writer and editor, is also in the race, and we’re glad to see her getting active. But on balance, London is the clear choice.

School Board, District 3

OLUBEMIGA OLUWOLE, SR.


Not a great choice here — we’re not thrilled with either of the two contenders. Jumoke Hinton Hodge, a nonprofit consultant, is too willing to support charter schools. Oluwole, who works with parolees, has limited experience with education. But on the basis of his community background (he’s on the board of the Oakland Community Organization) and our concern about Hodge and charter schools, we’ll go with Oluwole.

School Board, District 5

NOEL GALLO


Noel Gallo, the incumbent, is running unopposed. He’s been a competent member of the board, and we see no reason not to support his reelection.

School Board, District 7

ALICE SPEARMAN


Alice Spearman, the incumbent, isn’t the most inspiring member of the board — and she’s known for making some ill-considered and impolitic statements. But her main opponent, Doris Limbrick, is the principal of a Christian school and has no business running for the board of a public school district. So we’ll go with Spearman again.

Alameda County measures

Measure F

Utility users tax

YES


Measure F extends and slightly increases the utility tax on unincorporated areas of the county. It’s not the greatest tax, but it’s not terrible — and it provides essential revenue to pay for services like law enforcement, libraries, and code enforcement. The parts of Alameda County outside any city boundary have been dwindling as cities expand, but the county provides the only local government services in those areas. And, like every other county in California, Alameda is desperately short of cash. So Measure F is crucial. Vote yes.

Oakland Measure J

Telephone-user tax

YES


Measure J would update a 40-year-old tax on phone use that goes for local services. The tax law applies only to old-fashioned land lines, so cell phone users get away without paying. This isn’t the world’s most progressive tax, but Oakland needs the money and Measure J would more fairly share the burden. Vote yes.

Editor’s Notes

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› tredmond@sfbg.com

Everybody knows the Democratic Party’s superdelegate problem: if Barack Obama wins the popular vote, as he probably will, and wins the highest number of elected delegates, as he almost certainly will, and the party leaders turn to Hillary Clinton instead, there will be a revolution in the rank and file that could damage the party for years to come.

But in San Francisco, that happens all the time.

The local Democratic Party is run by the Democratic County Central Committee, and 24 of the members are elected, democratically. But every Democrat who holds an elected office representing San Francisco, and every Democratic nominee for office, automatically gets a seat on the committee, too — so you’ve got another eight or so (it varies) people on the panel who are the local equivalent of superdelegates. US Sen. Dianne Feinstein is on the county committee. So is Board of Equalization member Betty Yee and state senator Leland Yee. House Speaker Nancy Pelosi has a seat. Rep. Tom Lantos was on the committee until he died; his replacement, almost certainly Jackie Speier, will take over his slot this week.

Of course, none of those high-powered types ever show up for committee meetings. They send proxies, either trusted advisors or staffers from their local offices. And often — all too often — those superdelegate proxies are the deciding votes on local issues.

See, the committee may not be the highest profile office in the land, but it has a fair amount of local clout. The central committee decides what position the Democratic Party takes on local issues — and that means both influence and money. The party endorsement on ballot measures can be influential, particularly when it comes with a place on the official party slate card.

These days the committee has a majority of elected progressives. But it’s not an overwhelming majority — since half the seats are apportioned by Assembly districts, half the grassroots members are from the west side of town and tend to be more moderate. And not all of the eastsiders are progressives.

So on key endorsements this year — for San Francisco supervisor, for example — the majority of the elected delegates will probably vote for the progressives. But a minority will support the slate backed by Mayor Gavin Newsom — and the superdelegates will mostly go along.

So the Newsom slate at the very least will block the progressives from getting the endorsements. In fact, for a progressive candidate or ballot measure to get the party nod in a contested race requires an almost impossible majority of the elected members.

It can be infuriating.

Supervisors Chris Daly and Aaron Peskin, who often don’t get along, are working together to get a solid progressive slate elected to the DCCC this June. It’s a good idea, and there’s a good chance many of the 24 slate members will win. But the will of the voters won’t matter if the superdelegates can still weigh in and screw up any real reform.

I suppose it’s possible to change to rules to kick the superdelegates off the committee, but that would be a brutal battle. And there’s a much easier solution:

The committee needs to eliminate proxy votes.

Feinstein can’t use a proxy to vote on the Senate floor. Pelosi can’t send a proxy to vote in the House of Representatives. Proxies aren’t allowed in the state Legislature. Why should the DCCC be any different?

If Dianne Feinstein really cares about Gavin Newsom’s slate of supervisorial candidates this fall, then she can show up at the committee meeting and vote. Otherwise the grassroots, elected delegates get to decide. Seems fair to me.

Stop the Cow Palace land grab

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EDITORIAL Technically, the Cow Palace isn’t in San Francisco, but it’s part of the larger city’s history. It was the site of two historic political conventions, a string of historic concerts, and lots of less memorable smaller events. It’s home to the Grand National Rodeo. For a lot of people who care about links to the city’s past, it’s a treasure. For the half-million or so folks who pass through the doors every year, and the dozens of promoters who use the cavernous hall for expositions, shows, and performances that don’t fit anywhere else, it’s an invaluable part of the local cultural scene.

For people who worry about earthquakes and catastrophes, it has immense appeal — the place could serve as a gigantic shelter, with beds, showers, a huge parking lot for staging, and room to land helicopters in the event of a disaster.

To real estate developers, it’s a potential gold mine. And to Daly City, where the Cow Palace sits, it’s an opportunity to create a huge new complex of condos and retail stores that would bring in millions in new taxes.

So when state Sen. Leland Yee introduced a bill that would force the state to declare the Cow Palace surplus property and sell it to Daly City, the battle lines were drawn. A front-page story in the San Francisco Chronicle suggested that the venerable place could be razed for redevelopment. Supporters have come forward to talk about its role in the community and its value as a venue. The Daly City manager, Pat Martel, argued that the place gives her city nothing whatsoever in terms of taxes and hosts some events — like a gun show and the Exotic Erotic Ball — that her constituents find offensive.

What’s missing from most of this debate is the fact that this is 68 acres of prime real estate that’s still publicly owned. Declaring it surplus would almost certainly lead to the privatization of an immense block of potentially priceless urban land.

Yee’s bill, SB 1527, is just the latest chapter in a battle over the Cow Palace that goes back several years. The board that oversees the facility, which reports to the state Department of Agriculture, has been negotiating with Daly City to lease 13 acres of parking lot and underused land for development. That would allow the city to build some new housing, seek a supermarket that the neighborhood badly needs, and add to the local tax base. But the talks have stalled — and after Daly City hired powerhouse lobbyist and former assemblymember Bill Duplissea to take the case to the Legislature, and Daly City’s council asked for help, Yee stepped up.

SB 1527 mandates that the state sell the property to Daly City, with the proceeds going to pay off some of the debt the state incurred through the governor’s misguided deficit-recovery bonds. Yee argues that the state needs the money in this brutal year to save public education, and we understand how powerful that message can be — but selling off public land to cover budget shortfalls is almost always a terrible idea.

There’s little doubt what the endgame is here: Daly City doesn’t have the cash to buy 68 acres that will be worth hundreds of millions of dollars at fair market value. All the small municipality will be is a conduit — the land will be quickly flipped and sold (or leased for very long terms) to private developers.

The Yee bill is designated an "urgency measure," which means it could be approved as early as April. That’s ridiculous; there is no urgency here. This is a huge decision, and needs a lot more public discussion and debate.

We suspect that there’s a way to meet Daly City’s needs for development without turning over the entire 68 acres. There’s almost certainly a way for the Cow Palace to remain and for some of its land to be used for housing and retail.

But we haven’t even seen a template for what sort of project would go on the site. How much of the housing would be affordable? How much of the retail would serve the community? Would this become another chain-store-and-luxury-condo site with gated homes in an economically depressed area? What will the San Francisco neighborhoods that border on the site get out of it? Will there be any new parkland or open space? How will a large commercial complex there affect traffic, noise, pollution, displacement, and other environmental factors in the surrounding areas?

How on earth can you talk about selling off such a huge chunk of public land without even talking about how it will be used?

This is nuts. Yee’s bill needs to be defeated, and all the parties (including the San Francisco city planners and supervisors) need to start cautious, long-term discussions about the Cow Palace, its land, and the needs of the public. Otherwise this will appear — with justification — to be nothing but a sellout of gargantuan proportions.

Political football season

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› sarah@sfbg.com

With Mayor Gavin Newsom predicting a big budget deficit and seven Board of Supervisors seats up for grabs, everyone knew 2008 would be acrimonious.

But few suspected the war between Newsom and the supervisors would get so nasty so soon, even before the lunar Year of the Rat had officially dawned. The most telling development was the swift and nasty retaliation board president Aaron Peskin endured after he requested that Newsom return the $750,000 the mayor siphoned from the San Francisco Municipal Transportation Agency to pay the salaries of seven mayoral aides.

At the Jan. 29 Board of Supervisors meeting, Peskin publicly called for "an end to the budget shell game that has resulted in monies being shifted from Muni and other city departments to fund political employees who do not work for or directly improve services for the departments paying for their positions." Newsom’s predecessor, Willie Brown, was the master of such budget games, but Peskin said, "There are those who defend this shell game by saying it is a long-standing practice here at City Hall. That may be true. But it doesn’t make it right."

Peskin’s demands came at a horribly awkward moment for Newsom: two months earlier the newly reelected mayor announced an immediate hiring freeze and across-the-board cuts to city departments, citing a projected $229 million budget deficit in fiscal year 2008–09. His administration blamed this looming deficit in part on the creation of 700 new city positions, including 100 new police officers and 200 public health nurses, plus pay raises for nurses, firefighters, and police officers.

Also blamed were a projected windfall loss of property transfer taxes and a bunch of voter-approved spending requirements, including the November 2007 voter-approved and Peskin-authored Proposition A, which transfers $26 million more annually from the city’s General Fund to the MTA.

Newsom press secretary Nathan Ballard defended the use of MTA funds to pay mayoral staff salaries, claiming that all but one of the positions have a direct relationship to the work of the MTA, including the new director of climate change initiatives, Wade Crowfoot. "I know it’s not pretty, but it is an efficient way of getting city business done. We are following the letter and the spirit of the law," Ballard reportedly told the San Francisco Chronicle.

But within a week the mayor’s point person on transportation, Stuart Sunshine, announced he’ll be leaving City Hall in February, while the Mayor’s Office scrambled to explain why Brian Purchia, who developed Newsom’s reelection campaign Web site last year and who last month started working in Newsom’s press office for $85,000 per year, was hired as an MTA employee.

"The MTA has not and will not be paying any part of his salary," Ballard responded by e-mail Jan. 24 to a Guardian inquiry. "As of January 28, Purchia will be on a Mayor’s office requisition." Ballard also blasted Peskin in the Chronicle and the San Francisco Examiner, using incendiary language normally reserved for political campaigns and rarely employed by city employees talking about the president of the Board of Supervisors.

Retaliation for Peskin’s publicly announced MTA refund request has also included two splashy Chronicle hit pieces attacking Peskin and the board that ran on the front page, above the fold, on two consecutive days. One includes a photo of Peskin alongside extracts from a five-month-old letter that was possibly leaked by the Mayor’s Office (the confidential letter was copied to Newsom chief of staff Phil Ginsburg) in which Port of San Francisco director Monique Moyer alleges that Peskin made bullying late-night phone calls last August, when the Port was trying to get a measure passed to increase building heights along the Embarcadero — a land-use issue that was resolved last year.

But Peskin isn’t the only elected official to get his wrists slapped by the mayor in recent weeks.

In mid-January, Newsom upbraided San Francisco’s entire delegation in Sacramento for lending their support to the board-approved affordable-housing City Charter amendment, which will be on the November ballot and seeks to set aside $33 million annually in affordable-housing funds for the next 15 years.

As Sens. Carole Migden and Leland Yee and Assemblymembers Fiona Ma and Mark Leno noted in a Jan. 7 letter to Peskin, local voters have not approved a renewal of the 1996 housing bond, and the board’s proposed amendment builds on prior successful ballot measures to fund libraries, parks, and children’s programs, which have been successfully implemented without significant budget impacts.

But Newsom wrote the delegation Jan. 11 to express his "disappointment."

"I cannot support the Charter Amendment, because it has significant implications for the future fiscal health of our City and the backbone of our public health care system — San Francisco General Hospital," Newsom claimed, noting that the General Hospital bond is also on the November ballot. Then again, Newsom is also backing a Lennar Corp.–financed measure that would approve the building of 10,000 housing units at Candlestick Point but wouldn’t guarantee affordability levels (see "Signature Measures," page 10).

Meanwhile, fearing that Newsom is seeking to exert excessive control over several key commissions, the Board of Supervisors’ progressive majority is seeking to ensure that the seven members of the MTA board are elected officials beginning November 2009 and to divide the power to nominate members of the San Francisco Public Utilities Commission between the supervisors and the mayor.

These moves are coming at a time when Newsom has decided to replace three members of the MTA board who had alternative-transportation credibility but whose loyalty he apparently questioned: San Francisco Bicycle Coalition executive director Leah Shahum, Peter Mezey, and Wil Din. To fill those slots, Newsom appointed disabled-rights activist Bruce Oka, attorney Malcolm Heinicke (both of whom served on the Taxi Commission, which Newsom hopes to merge into the MTA this year), and Jerry Lee, a member of the Transportation Authority’s Citizen Advisory Committee.

But the Board of Supervisors can block the mayor’s MTA picks — and that showdown looks likely, in light of Newsom’s alleged misuse of MTA funds and his refusal to heed Peskin’s call for a mayoral representative to appear before the board to explain Newsom’s vision for the MTA.

Meanwhile, Sup. Jake McGoldrick told the Guardian he introduced a Charter amendment to make the MTA board seats elected positions. He argues that Prop. A not only increased the MTA’s budget but also reduced the board’s MTA oversight, so the body now needs to be more answerable to San Franciscans.

"It’s about not having accountability at the legislative branch," McGoldrick said. "The MTA ridership and residents need to have a way to voice their concerns."

McGoldrick said the mayor’s early removal of MTA members and his raid on MTA funds are troubling.

"Their removal reinforces what’s going on, how the MTA is viewed as a milking machine for the Mayor’s Office," McGoldrick said, noting that he asked for a budget analyst’s report on the MTA several weeks ago to keep the discussion objective and that he also asked for an accounting of the 1,600 to 1,700 jobs that Newsom declared frozen last fall. That report should be available at any time.

"I wanted to see which jobs were frozen and which were defrosted," McGoldrick said, "but I didn’t want it to become a political football."

However, with battles between the board and the mayor likely to get even intenser during the coming budget and election seasons, it’s starting to look like 2008 could be one long political football season.