Mirkarimi

The challenges for President Chiu

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EDITORIAL The ascension of Sup. David Chiu to the presidency of the Board of Supervisors gives a relative political newcomer considerable power. It also puts Chiu in position to carry on the legacy of Aaron Peskin and lead the opposition to Mayor Gavin Newsom’s pro-downtown, pro-Pacific Gas and Electric Co. agenda. Chiu, obviously, lacks the experience Peskin brought to the job, so he needs to move carefully at first. But he also needs to show that he’s more than a compromise candidate and that he has the ability to lead the board and promote the progressive agenda.

Let’s remember: Chiu was elected president entirely by the six progressive supervisors. The way the vote went down, five people, including Newsom’s closest allies, stuck together as a solid bloc and repeatedly voted for Sup. Sophie Maxwell. Maxwell had come down to the Guardian office a few days earlier to tell us that she was a solid progressive, but we saw the future of the board playing out when the votes were counted. Maxwell and Sup. Sean Elsbernd, who both have voiced concerns about the prospect of an inexperienced person taking the top job, could have broken with their bloc and voted for Sup. Ross Mirkarimi — that would have put him over the top. But through seven votes, as the progressives moved around trying to find a candidates all six could support, the Newsom Five stuck together. (Of course, if it hadn’t been for Sup. Chris Daly’s ill-conceived antics, Mirkarimi would have been able to get six votes, and we would have had an experienced leader in place).

Although Chiu talks (as he should) about bringing everyone together, he needs to keep in mind from day one that he is now the most visible member of a six-person board majority that can control the agenda and the set the tone for the city — if none of the six starts to drift toward the squishy center.

It’s going to be a rough, brutal year. The mayor has already made clear through his comments that he doesn’t even want to look at new revenue measures; he intends to solve the city’s half-billion-dollar budget crisis with cuts — deep, bloody cuts — alone. Chiu will have to stand up to him, publicly and privately, and make clear that a cuts-only budget isn’t going to fly in San Francisco.

And while Chiu will need some time to develop a leadership style and become familiar with the often-complex workings of the board, he should do a few things right away to show that he’s prepared to take on the difficult tasks ahead:

Support Peskin’s proposal for a special election in June. The proposal to allow the voters to consider raising taxes instead of just cutting is going to need a lot of help and support. The mayor opposes it, and some of his allies may oppose it too. But it’s absolutely crucial that San Francisco refuse to follow the lead of Gov. Arnold Schwarzenegger. It’s crucial that the progressives, while acknowledging that cuts will have to happen, also insist on looking at fair revenue ideas. Chiu needs to take the point on this.

In fact, now that the mayor and his allies on the board have made this a central battleground — and in effect have made this a litmus test for Chiu’s new presidency — it’s even more important that every one of the six progressive supervisors stands up to this challenge.

We’re not sure which of the dozen-odd tax proposals floating around is the right one. But it would be the worst kind of foolishness to take the whole idea off the table.

Put good people on the key committees. The Budget Committee at this point looks good, with Mirkarimi, Sup. John Avalos, and Elsbernd. When that panel expands to five members (and it should, soon) Chiu should make sure that either David Campos or Eric Mar joins the committee, keeping a progressive majority. The Land Use committee will be crucial as the Eastern Neighborhoods plan is implemented; Chiu needs to appoint a progressive chair and majority.

Save LAFCO. The Local Agency Formation Commission is the only board committee that has public power and energy policy as its primary agenda. Budget-cutters (spurred by PG&E, which more than any other company is responsible for the budget crisis) have made LAFCO a target; Chiu needs to make it clear immediately that LAFCO will remain in place, with strong appointments and a chair committed to making community choice aggregation work and pursuing public power as the largest potential new revenue source for the city.

Chiu has promised to work with the mayor, which is fine. But first he needs to show the progressives who elected him that he’s also ready to do battle.

Six aren’t enough

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› news@sfbg.com

The historic Jan. 8 vote electing Sup. David Chiu as president of the Board of Supervisors — rare for its elevation of a freshman to the post and unprecedented for a Chinese American — clearly illustrates the ideological breakdown of the new board.

The six supervisors who claim membership in the progressive movement (Chris Daly, Ross Mirkarimi, David Campos, John Avalos, Eric Mar, and Chiu) gave Chiu the presidency after their efforts to give it to Mirkarimi or Avalos fell short, while the other five supervisors voted for Sup. Sophie Maxwell in each of the seven rounds, refusing to support any of the progressive picks.

But there are limits to what a bare majority of supervisors can do in San Francisco, particularly when the mayor is threatening vetoes and the city is wrestling with a budget deficit of gargantuan proportions. Overriding a mayoral veto or approving some emergency measures requires eight votes.

So the first question is whether Mirkarimi and Daly can come together after their split divided progressives and led to Chiu as a compromise candidate. But the second, more important, question for progressives is whether they can attract swing votes such as Maxwell and Bevan Dufty when the need arises.

The answers to those questions could start coming immediately as supervisors consider proposals to close a looming $575 million budget gap, including the proposal for a special election on revenue measures in June. Mayor Gavin Newsom opposes that election, so the board would have to muster eight votes in the next month to move forward with it.

They might even need more than that. A confidential memo to supervisors and the mayor by the City Attorney’s Office that was obtained by the Guardian sorts out the complex requirements needed to approve new taxes, including the requirement of unanimous board approval to place tax measures that can be passed with a simple majority vote on the ballot this year.

So President Chiu, who pledges to bring his colleagues together, certainly has his work cut out for him.

 

POLITICS AND POLICY

Achieving a unanimous vote on anything significant or controversial seems impossible right now. Mirkarimi is unhappy with Daly for thwarting his presidential ambitions; Maxwell and Dufty are unhappy with progressives for keeping her out of their club; and Chiu must quickly learn his new job during a time of unprecedented turmoil.

Chiu told his colleagues that he was “incredibly humbled” by an election that he didn’t think he’d win, and said that he is “acutely aware that I am new to the institution and the body.” But observers say Chiu’s temperament, intelligence, and connections to both the business community and the progressive movement could serve the city well right now.

“I think Chiu is a great choice. He has the humility that will help him,” outgoing Sup. Jake McGoldrick told the Guardian.

This compromise pick for president was praised by all sides, from the progressive coalition that feted him after the vote at a party at the SoMa club Temple. Rob Black, government affairs director for the San Francisco Chamber of Commerce, told reporters that “David seems to be someone who is very willing to listen and willing to ask questions.”

“We have a progressive supervisor running the board,” Mirkarimi told the Guardian as he walked back to his office following the vote. Or, as Daly told us, “In the end, the progressive coalition stuck together and I’m happy about that.”

Walking back to Room 200 after the vote, Newsom told reporters that Chiu was “an outstanding choice” who represents “a fresh air of progress.” Asked whether he expects to have a better working relationship with Chiu than with outgoing president Aaron Peskin, Newsom replied, “That’s a gross understatement.”

“We’re looking forward to working with the new Board of Supervisors,” Newsom spokesperson Nathan Ballard told the Guardian after the vote. “The mayor has a long relationship with David Chiu. In fact, he was on our short list to be named assessor just a few years ago.”

Yet at the progressive party that night, Chiu sounded like a rock-solid member of that group, promising to help Mirkarimi with police reform, Campos with protecting undocumented city residents, Mar with strengthening city ties to the schools, and Avalos with safeguarding progressive budget priorities.

“I think this is the best outcome we could have,” Mirkarimi told the Guardian shortly after Chiu was elected. “I was the deciding vote that delivered Sup. David Chiu, the first Asian American president of the board. That doesn’t mean that the seasoned experience of Maxwell and myself wasn’t hard to pass by.”

In fact, both Dufty and Maxwell groused about the progressive bloc’s opposition to Maxwell, noting her positions on issues such as public power, affordable housing, and transportation issues. “The people that voted for me did so because they felt I would at least listen to them,” Maxwell told us, expressing frustration at not being accepted “by the board’s progressive clique” which, she noted, “are all males.”

“I think David will be great,” Dufty told the Guardian. “Obviously there was a desire to have someone strongly aligned with the progressive movement. I think it’s a mystery that Sophie isn’t considered part of the progressive movement.”

Progressives are going to have to work at resolving those differences if they are going to play a leadership role in the midyear budget cuts and prevent an expansion of the bloc of five supervisors who stuck with Maxwell and often align with the mayor.

“There has been tension between Ross and myself, but also between Sophie and Ross,” Daly told us. “Sophie is feeling that she might be a progressive, too. And some of the things we do on the board need eight votes. The rift between Ross and I is little. The real question is, when do we get Bevan and Sophie back?”

After fending off a progressive challenger in his reelection bid two years ago, Dufty seemed to move to the left, only to return to Newsom’s centrist faction — which mixes social liberalism with fiscal conservatism — in the last year. He prevented progressives from being able to override a mayoral veto of their decision to cancel $1 million in funding to Newsom’s Community Justice Center. And on Jan. 6, the old board delayed a vote on a mayoral veto of an ordinance that amends the Planning Code to require Conditional Use hearings and permits for any elimination of existing dwelling units through mergers, conversions, or demolitions of residential units, something sought by the tenant groups that are an important part of the progressive coalition.

Those issues, and the thicket that is the budget debate, illustrate what Daly admitted to us last week: “We can’t run this city with six votes.”

 

THE BUDGET MESS

The most pressing problem facing the new board is the budget, which requires $125 million in midyear cuts for the current fiscal year and will be an estimated $575 million out of balance for the fiscal year that begins in June. Chiu’s first move to deal with it — one lauded by progressives — was to name Avalos as budget chair.

“John Avalos has more experience on budget issues than me,” Daly, who chaired the Budget Committee for two years, said of his former board aide. But even Avalos was awestruck by the tsunami of bad budget news hitting the city, telling us, “I was visibly shaken.”

Mirkarimi and Elsbernd, the Budget Committee’s two other current members, also admit they face a daunting task.

“We can’t put a Band-Aid on the problem,” Elsbernd told the board last week. “This is not just about San Francisco now, but about San Francisco 20 years from now. We need to think about the next generation.”

Mirkarimi agrees with Elsbernd, at least in terms of the enormity of the problem.

“We cannot be incrementalist. We can’t dance around the edges,” Mirkarimi told his colleagues, shortly after making the surprise announcement that he’s expecting a child in April with Venezuelan soap opera star Eliana López, who he’s dated since meeting her last year at a Green Party conference in Brazil. Elsbernd and his wife are also expecting their first child.

Progressives strongly argue that such a large budget deficit can’t be closed with spending cuts alone, so one of Peskin’s final acts was to create legislation calling a special election for June 2 and having supervisors hold hearings over the next month to choose from a variety of revenue measures, but Newsom and the business community opposed the move.

“Basically, it’s not fully baked. It will take a citywide coalition (à la Prop. A) to win something like this and the coalition just hasn’t been built yet,” Ballard told the Guardian. Even Mirarimi echoed the sentiment, telling the Guardian, “I’m not opposed to a June election, but you can’t put something on the June ballot that’s half-baked because I doubt we could win in November if we put something half-baked on in June. My preference is that we work harder to create alliances to assure a healthy chance of getting something on the ballot and delivering a victory.”

Yet many progressives and labor leaders say it’s important to bring in new revenue as soon as possible, particularly because the cuts required by the current budget deficit would slash about half the city’s discretionary spending and devastate important initiatives like offering health coverage to all San Franciscans.

“For Healthy San Francisco to survive, the Department of Public Health has to have a minimum level of funding,” said Robert Haaland, a labor representative with the public employee union SEIU Local 1021. “Given the cuts that have been proposed, it’s not going to survive.”

While Peskin was criticized for acting prematurely, the City Attorney’s Office memo indicated that he couldn’t have waited and still allowed supervisors to play the lead role in determining what ended up on the June ballot. The memo was requested by Daly.

“In response to your specific inquiry about maximizing the amount of time a committee could deliberate the underlying measures and ensuring that the Board would have enough time to override a Mayoral veto, the emergency ordinance and the resolution calling for the special election should be introduced today,” the City Attorney’s Office wrote Jan. 6, the day Peskin introduced his revenue package.

Even then, supervisors would need to vote to waive certain election procedures, such as the 30-day hold for proposed ballot measures, and to move expeditiously forward with hearings, selection of the tax measures, and preparation of findings related to the special election and declaration of fiscal emergency.

The City Attorney’s Office wrote that the package needs final approval by Feb. 17. “We recommend that to meet this deadline, the Board adopt the resolution at its January 27 meeting and that the Mayor sign the resolution no earlier than February 2,” they wrote.

But Newsom has indicated that he would veto it, thus requiring eight supervisors to override. “Aaron had the right to do what he did, but in some ways he rushed the discussion, so it’s been a bit rockier than it otherwise might have been,” Dufty told us, noting that he’s still open to supporting a June ballot measure. “There is no way to avoid spending cuts, and we need more revenues and more givebacks from public employees … I think labor is spending a significant amount of time with the mayor, and he’s making a strong effort to work with the board. I’m trying to encourage us all to work together to the maximum extent possible.”

In fact, San Francisco Labor Council director Tim Paulson told the Guardian he couldn’t talk about the tax measures yet because of intense ongoing discussions. Ballard said Newsom might be open to tax measures in November, telling the Guardian, “Ideally we could do it all by streamlining government, reducing spending, etc. But the mayor lives in the real world and so he is open to the possibility of a revenue measure with a broad base of support.”

So, can the new board president help coalesce the broad base of support that he’ll need to avoid cuts that would especially hurt the progressive base of unions, tenants, social service providers, affordable housing activists, and others who believe that government plays an important role in addressing social problems and inequities?

“In light of the global meltdown, national slowdown, local crisis, and largest budget deficit in history, I believe this board understands the importance of unity and working together,” Chiu told his colleagues. “We don’t have time for the politics of personality when we have the highest murder rate in 10 years, when businesses are failing, and the budget deficit grows exponentially.”

The path to President Chiu

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By Steven T. Jones

How did David Chiu, the supervisor with the least experience in government, end up as president of the Board of Supervisors? And what does it say about the role that ideology and alliances will play in a city that’s wrestling with a dire economic situation?

I have some thoughts on both of those questions, but first, let’s run through how today’s voting went down because it illustrates the political dynamics now at work in City Hall. It’s important to understand that there was a split in the board’s progressive majority, which includes Chiu, John Avalos, David Campos, Eric Mar, Chris Daly, and Ross Mirkarimi.

After the last election in which the first four of those progressives first won their supervisorial seats, Daly (and to a lesser degree, Avalos) privately began to challenge Mirkarimi’s bid for president, for reasons both personal and political. But they pledged to vote for a progressive and began promoting the idea that one of the four freshmen get the job.

That move raised the possibility that Mirkarimi (a Green who was the top supervisorial vote-getter in November and a strong contender for mayor) might look for some moderate votes, or perhaps even support a moderate pick like Sophie Maxwell or Bevan Dufty. That was the stage that was set for today’s vote.

Live from City Hall

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By Steven T. Jones

City Hall is packed with people here to watch the election of the new Board of Supervisors president, both in board chambers and the overflow area of the North Light Court. The nominees (in order of nomination) are Chris Daly (who nominated himself), Sophie Maxwell (nominated by Bevan Dufty), Ross Mirkarimi (nominated by David Campos), John Avalos, and David Chiu (those last two nominated one another).
Public comment is now underway and should take awhile. Stay tuned because I’ll announce the winner as soon as there is one.

Chris vs. Ross on the board presidency

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The Guardian last week wrote an editorial endorsing Sup. Ross Mirkarimi for the presidency of the San Francisco Board of Supervisors. Sup. Chris Daly and Mirkarimi responded. Here are their letters that will appear in Wednesday’s Guardian. The president will be chosen by the new board on Thursday in a special board session following the swearing in ceremony of the supervisors at noon in the supervisors’ chambers at City Hall. B3

DALY MAKES THE CASE FOR AVALOS

I support John Avalos for board president because I believe he is the best choice to lead the new progressive Board of Supervisors in these tough times (See “The next board president,” 12/31/08). His progressive politics are grounded in decades of community and labor organizing work. Avalos is universally liked and respected (which seems to differentiate him pretty well from me!) and has an uncanny ability to bring people together.

Let’s be honest with everybody here. There are maybe five or six legislative assistants who are more involved in the day-to-day running of the board (and the city, for that matter) than several members of the board. Over the last four years, I have watched as Avalos adroitly guided the budget process, always taking time to hear from everyone while watching out for our city’s most vulnerable. He may know more about the city budget than I do. Putting the supervisor with the most hands-on budget experience in our top leadership spot is not risky, it’s smart.

I am not angry with Sup. Ross Mirkarimi, and I never claimed to be. Mirkarimi did, however, compromise the progressive position in 2007 when he chose to fund more cops over affordable housing and gave the People’s Budget little to no political cover when the mayor’s forces unleashed a full assault against our budget priorities.

Mirkarimi’s four years on the board does not automatically make him the best candidate, but it should provide him with enough insight to make the same choice I did to allow another progressive to lead.

Chris Daly

San Francisco

MIRKARIMI: IT’S ABOUT ISSUES

I thank the Guardian for the endorsement for Board of Supervisors president. The contest for the presidency needs to reflect our values and focus on record and vision.

The leadership fight thus far has taken on an unprogressive machine-like demeanor, bullying for a desired outcome. This sets a troubling tone, one that I haven’t responded to because the real fight is defending our city and those most vulnerable from the economic crunch that threatens to claim all. The real challenge is to innovate revenue enhancement and job creation measures that hedge against a sustained downturn. The real need is to develop an inclusive climate on the Board of Supervisors that respects our differences while advancing progressive governance. And the real difference is that I am independent enough where I see consensus building as a more effective method than division and dysfunction.

Ross Mirkarimi

San Francisco

Mayor Newsom’s YouTube hypocrisy

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OPINION Mayor Gavin Newsom’s "State of the City" YouTube fiasco — in which city SFGTV employees helped create 7.5 hours of non-mandated programming — is complete hypocrisy.

While the mayor touts technology and transparency of his efforts, he has opposed using available technology to broaden access to public meetings in City Hall, even though that is now mandated under the Sunshine Ordinance. Why are we getting Internet speechifying, rather than transparent access to City Hall meetings?

If you’ve ever wanted to listen in on what are now essentially secret, backroom policy discussions and decisions being made in San Francisco’s City Hall, you’re not alone.

If you’ve ever imagined being able to hear those conversations — while you’re sitting at home or in your office, during your drive to work, while on Muni/BART, enjoying a java in your favorite café, or really anywhere — the technology is already in place. You could use your iPod or MP3 player, or listen to a podcast, similar to using Books on Tape.

Right now only about 30 of the 80-plus regular City Hall meetings are televised and posted online for on-demand or downloaded viewing. Some of the remaining 50-plus meetings are at least audiotaped, but they require awkward and costly procedures to obtain them.

In an effort to increase transparency of San Francisco’s government, Sup. Ross Mirkarimi introduced legislation earlier this year to expand the recording mandate and require online posting within 72 hours after a meeting. Currently only policy bodies must audiotape their meetings, but Mirkarimi’s mandate extended the recording requirement to other City Hall agency and departmental hearings, and to lesser-known passive meeting bodies. It was such an obvious and popular idea that the Board of Supervisors overwhelmingly supported it and subsequently overrode Newsom’s veto.

Newsom continues to claim the enhanced transparency mandate would be too costly, but simple research has shown that the city has all the equipment, contracts, and staff in place to implement Mirkarimi’s transparency mandate today. In fact, any laptop or $40 digital recorder can make the recording, and posting online is similar to the few steps needed to upload a YouTube video.

It appears the mayor just doesn’t want anyone to see the sausage he’s making, unless he can script and control it. Other City Hall bureaucrats blocking this include Jack Chin, head of SFGTV; Angela Calvillo, clerk of the board; and Frank Darby, Calvillo’s administrator of the Sunshine Task Force. They all raise spurious complaints, pass the buck, and refuse to discuss reasonable accommodations, apparently following mayoral prohibitions despite the board’s veto override.

The Sunshine Ordinance requires all civil servants to prioritize compliance over any other duties when there is a conflict, and failure to obey the law is official misconduct.

It’s sad that Newsom, city employees, and City Attorney Dennis Herrera are doing everything they can (by action or by ignoring these daily violations) to prevent the ability of the media and the public to have this transparency. Needless to say, with the looming city budget deficit, our interest in following these detailed machinations is at an all-time high.

We should demand that City Hall’s foot-dragging cease, by implementing Mirkarimi’s legislation immediately.

Kimo Crossman is a government watchdog and a member of San Francisco’s Sunshine Posse. Crossman can be reached at kimo@webnetic.net. Open government advocates Joe Lynn and Patrick Monette-Shaw contributed to this report.

The next board president

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EDITORIAL We’ve had our fights with Aaron Peskin. He’s been on the wrong side of some key votes and issues, and he’s had a penchant for political games. But on balance, he’s been a good Board of Supervisors president. He made sure that progressives controlled the Budget Committee; he kept legislation on track; he helped put together the votes for good bills (and made sure that bad ones died) — and perhaps most important, he established himself as the leader of the loyal opposition, the person who took the front role in fighting the worst ideas of Mayor Gavin Newsom.

That’s a crucial role at a time when the mayor’s office is foundering, when the chief executive is thinking more about his political future than the city’s present problems, and when the center of policy leadership in San Francisco has shifted from the mayor to the board. It’s a job that requires experience and political acumen. And since the progressives fought mightily to keep a majority on the board, the top job simply must go to one of the six solid progressives who will be sworn into office Jan. 8.

Our clear choice is Sup. Ross Mirkarimi. He’s compiled an excellent record in his first term, crafting environmental legislation (like the ban on plastic bags), leading the community choice aggregation (CCA) effort, and pushing effective, progressive approaches to crime. He has a long, distinguished record as an activist and organizer, running campaigns for sunshine and public power and for Terence Hallinan for district attorney and Matt Gonzalez for mayor. He devoted most of his first term to district and a few citywide issues and hasn’t done as much as some other supervisors to build his own political constituency on the board, so as president, he’d have to make an effort to help his colleagues promote their own legislation. He’s made no secret of his interest in running for mayor in three years, and he would have to make sure that his ambitions didn’t overwhelm his ability to keep good working relations with potential opponents on the board.

But he’s shown in his dealings with the police, the community, and the mayor’s office around crime in the Western Addition that he can be a forceful advocate and work toward effective consensus at the same time. And he’s well situated to lead the progressive coalition in developing its own agenda.

Mirkarimi would appoint good committees, make sure that the Local Agency Formation Commission (the center of public power efforts and the only agency focusing on the city’s alarming lack of an energy policy) remains in place (with strong leadership), and have no trouble standing up to the mayor. The progressives on the board should support him.

However, that’s not as simple a prospect as it ought to be. Sup. Chris Daly, who claims he is still angry at Mirkarimi for one vote on one bill several years ago, has told us he wants to see someone else elected board president. That’s foolish, and Daly ought to back off and support the most experienced progressive for the job. Splitting the left like this, and damaging a potential mayoral candidate, would do no good for the progressive movement. And those who argue that Mirkarimi, as a Green Party member, would be less effective are making matters worse — there’s no reason for the Greens and progressive Democrats to be fighting each other. But several of the newly elected supervisors — particularly John Avalos, a former Daly aide — have thrown their hats into the ring. That’s led several supervisors to suggest that a compromise candidate from the more moderate bloc ought to be seriously considered — possibly Sophie Maxwell or Bevan Dufty.

We understand Mirkarimi’s frustration with Daly’s ploy and his disdain for the prospect of putting a Daly ally in the top board position. And we agree with both Mirkarimi and Sup. Sean Elsbernd, who have argued that, with the nearly cataclysmic budget crisis and all the other issues facing the board, it would be risky to put a newcomer in the presidency.

But in the end, the board president ought to be someone we can count on to appoint progressives to key committees and fight the mayor’s regressive policies. And with all due respect to Maxwell and Dufty, we don’t see either of them in that role. So if the balloting drags on and it’s clear Mirkarimi can’t get six votes, he ought to be a statesman, put the progressive agenda first, and vote for another progressive.

Up against ICE

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› sarah@sfbg.com

The San Francisco Immigrant Rights Defense Committee, a newly formed coalition of more than 30 community groups, is asking Mayor Gavin Newsom and the Board of Supervisors to sign a pledge supporting San Francisco’s immigrant community.

By signing the pledge, city officials would agree to uphold the city’s sanctuary ordinance, ensure that San Francisco police officers don’t act like immigration agents, and denounce racial profiling. They would also agree to denounce Immigration and Customs Enforcement (ICE) raids and ensure that immigrant youth get due process, that funding for immigrant communities continues, and that the city announce a specific date for implementing San Francisco’s municipal identification program.

The move could put Newsom in an awkward situation — the mayor doesn’t want to appear to be snubbing immigrant-rights leaders, but he also has moved in the past few months to distance himself from the city’s liberal sanctuary law.

So far the coalition has not heard back from Newsom, but some supervisors-elect and returning supervisors have already signed it, and the Mayor’s Office has signaled that the municipal identification program will kick in Jan. 15.

The move to get elected officials to sign a pledge comes at the end of a difficult year for the immigrant community. In May, the federal government challenged San Francisco’s sanctuary ordinance after immigration agents stopped a city juvenile probation officer in Houston.

The officer, who was repatriating a group of Honduran youths who had been busted for selling crack, believed he was acting in accordance with city’s policy. The federal agents, who took the young people into custody, eventually released the officer.

And it wasn’t long before US Attorney Joseph Russoniello, a staunch opponent of the sanctuary ordinance, convened a grand jury to see whether the city used the sanctuary policy to harbor immigrant felons from federal prosecution.

The city countered this attack by hiring high-powered criminal defense lawyer Cris Arguedas. But by then the damage to the city’s sanctuary policy had already been done: in June, someone leaked the details of confidential juvenile court cases to the San Francisco Chronicle. One day after the story hit the newsstands, Newsom — who until then was a staunch sanctuary ordinance supporter — did an about-face, announcing that he would require city officials to refer youth suspected of being undocumented and of having committed a felony to Immigration and Customs Enforcement (ICE) even before they have a hearing.

Immigrant rights groups decried Newsom’s new direction, calling it an overly broad policy that had the potential to lead to deporting innocent people who may not have family or relatives in their county of origin.

As Angela Chan of the Asian Law Caucus pointed out, based on Juvenile Probation Department data, in 2006 there were 288 petitions filed against Latin American juveniles, but only 211 were sustained. Had Newsom’s policy been in place, 77 juveniles who weren’t actually found to have committed a felony in San Francisco could have been reported to ICE when they were booked and might have been wrongly deported.

While Newsom’s gubernatorial ambitions were blamed for his sudden change of heart, critics also pointed the finger at his criminal justice director, Kevin Ryan. A Republican loyalist, Ryan was the only US Attorney to be fired for cause during US Attorney General Alberto Gonzales’ infamous purge of the Justice Department in December 2006.

His December 2007 hiring by Newsom was seen as a calculated move to make the mayor-who-would-be-governor look tough on crime and immigrants — cards that play well among voters in more conservative parts of the state.

It didn’t help that Ryan’s hiring coincided with Russoniello’s second term as US Attorney for the Northern District of California.

Public records obtained by the Guardian show that as the Chronicle series unfolded, Ryan and Newsom’s communications director, Nathan Ballard, began to question whether the city should even fund programs or organizations that serve undocumented youth.

With ICE raids intensifying — May 2 at El Balazo Taqueria, Sept. 11 at a private residence — and the community accusing the police of racial profiling, the San Francisco Immigrant Rights Defense Committee chose Dec. 18, International Migrants Day, to publicize its pledge.

As of press time, Newsom has refused to meet with the committee, and Chan from the Asian Law Caucus, told us that members are "feeling snubbed."

But Chan reports that SFPD Chief Heather Fong, who announced Dec. 20 that she will be retiring in April, 2009, did meet and listen to the coalition’s concerns. "She reiterated her position that the SFPD only collaborates when ICE is seeking a specific list of people," Chan said.

With Fong under attack from within her own department for her refusal to let officers collaborate with ICE, the community is now abuzz with rumors that a hardliner could now be handed the chief’s reins.

Meanwhile, Supervisor-elect John Avalos and Sups. David Campos and Chris Daly have signed the pledge, while Supervisor-elect Eric Mar and Sup. Bevan Dufty have signed modified versions. And at the Dec. 18 Migrants Day protest, Sups. Jake McGoldrick and Ross Mirkarimi and Supervisor-elect David Chiu (who noted that Sup. Carmen Chu, while absent from the rally, is an immigrant rights supporter) joined gay rights and labor and religious leaders in announcing support for the coalition’s platform, which seeks to make dignity, equality, and due process a reality for all San Franciscans, including immigrants.

As Eric Quezada, Dolores Street Community Services executive director, told the crowd, "We’re here to defend the fundamental human rights of all immigrants." *


P.S. The San Francisco Immigrant Rights Defense Committee is a growing alliance encompassing immigrant rights advocates, labor groups, faith leaders, and LGBT activists. The committee includes the ALDI, Arab Resource and Organizing Center, Asian Law Caucus, Asian Youth Advocacy Network, Bay Area Immigrant Rights Coalition, Central American Resource Center, Chinese for Affirmative Action, Communities United Against Violence, EBASE, Global Exchange, H.O.M.E.Y., Filipino Community Center, Instituto Familiar de la Raza, La Raza Centro Legal, La Voz Latina, Legal Services for Children, Mission Neighborhood Resource Centers, Movement for Unconditional Amnesty, Mujeres Unidas y Activas, PODER, POWER, Pride at Work, SF Immigrant Legal & Education Network, SF Labor Council, SF Organizing Project, St. Peter’s Housing, Tenderloin Housing Clinic, and Young Workers United.

Powerless

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> amanda@sfbg.com

GREEN CITY Sup. Sophie Maxwell, who represents a disproportionately polluted district that is host to the city’s only fossil fuel-burning power plant, has introduced legislation to change the way energy flows into and around the city.

The ordinance collates some past resolutions already affirmed by the Board of Supervisors — to close the Mirant Potrero Power Plant as soon as possible and to request that the San Francisco Public Utilities Commission conduct a transmission-only study to update the city’s Electricity Resource Plan (which is currently based on building a new peaker power plant in the city in order to shutter Mirant’s older, more polluting facility).

Maxwell’s legislation further calls on the city to provide 100 percent clean energy by 2040 — a mandate lifted directly from Proposition H, a clean energy and public power act that was voted down in November.

But the three elements of the ordinance, which was co-signed by outgoing Sup. Aaron Peskin, are somewhat lacking.

The clean energy goals outlined by Maxwell only apply to the SFPUC — not to anyone who gets a Pacific Gas and Electric Co. bill — and SFPUC power is already almost 100 percent clean, consisting mostly of Hetch Hetchy hydroelectric, solar, biomass, and a small amount of cogeneration. (Large hydro and cogeneration do not meet the state’s definition of renewable, but they are considered among the greenest kinds of "brown" power.)

Prop. H would have required the city to conduct an energy study, and specifically stated that the option of city-owned and operated power be considered as part of the study. Subject to board and mayoral approval, the city could have public power if it was determined to be the most efficient and economic way to provide 100 percent clean energy to all citizens by 2040.

Neighborhood and environmental activists, including Julian Davis, who ran the Prop. H campaign, Tony Kelly of the Potrero Boosters, and John Rizzo of the Sierra Club, said they weren’t consulted or even clued in that the Maxwell legislation was being introduced. Rizzo called the clean energy goals "window dressing," and said, "It doesn’t accomplish what Prop. H does."

"I was surprised by the Maxwell ordinance," said Sup. Ross Mirkarimi, one of the authors of Prop. H, which Maxwell, Peskin, and six other supervisors endorsed. "We hadn’t learned of it until the day it was introduced. I believe it’s going in the right direction but I’d like to see it more committed to its insistence on public power — not just elements of Prop. H, but public power so that we are able to be clear about what forms of energy independence, clean energy, renewable that the city should administer."

Maxwell’s aide, Jon Lau, said they did reach out to Mirkarimi’s staff, as well as Mayor Gavin Newsom’s office, and the legislation was written broadly so that there was "something here for everybody if you’re interested."

"The ordinance she introduced is sort of agnostic toward public power," he said. "But it could and should be part of the analysis to the extent that we study residential needs in the city. It’s totally relevant to have a public power analysis." He called public power a "flash point," and said, "The whole conversation would be about that."

Rizzo said the legislation doesn’t demand anything of PG&E, in terms of clean energy goals, but Lau said they don’t have the authority to legislate a private company’s energy procurement. "We can’t just dictate goals for PG&E."

The board doesn’t have the authority to close Mirant either — the gas and diesel power plant operates with a Reliability-Must-Run contract and the state’s grid operator, California Independent System Operator (Cal-ISO), has said Mirant must run or be replaced by some other in-city, instantly available power generation.

The plant also operates with a water permit from the Regional Water Quality Control Board, and though City Attorney Dennis Herrera, Maxwell, and Peskin recently sent a letter urging no renewal of the permit, which expires Dec. 31, the water board seems to be waiting for the plant to close by some other means rather than taking up the issue. "I’m currently reworking the permit reissuance schedule without Potrero because Potrero’s status is really more like ‘to be determined’ at this point," wrote water board staff member Bill Johnson in an e-mail to the Guardian. Because the board hasn’t acted on it, the permit will automatically be extended on Jan. 1, 2009, meaning the plant will be operating indefinitely until the water board makes a final decision or some other way to close it is found.

There’s almost unanimous approval throughout the city that beefing up transmission lines would be better than building a power plant or allowing Mirant to keep operating. Transmission is also one way the city could gain more control of energy resources and potentially save, and even make, some money.

On Dec. 15, Barbara Hale, assistant general manager for power, sent a request to Cal-ISO asking that two new SFPUC transmission proposals be considered as part of the state’s regional planning. They include upping the voltage of existing lines between the Hetch Hetchy dam and Newark, and adding a new line between Newark and Treasure Island, which would allow Hetch Hetchy power to travel exclusively on city-owned lines. The city currently pays PG&E $4 million per year to carry Hetch Hetchy power from Newark into the city — a fee San Francisco has been paying since 1925 when the city, during construction of the transmission lines between Yosemite and the Bay, mysteriously ran out of copper wire just a few miles shy of PG&E’s Newark station.

The new line would run under the bay, using an existing SFPUC water pipeline right-of-way. "This pathway will allow transmission lines to traverse the environmentally sensitive Don Edwards Regional Wildlife Preserve [in Newark] that is likely to be a bottleneck between PG&E’s pivotal Newark substation and the substation serving the Peninsula," the letter states. The SFPUC also predicts some possible cost recovery from Cal-ISO for building the Newark line because it would improve regional reliability. The agency also says it’s exploring partnerships with other municipal utilities for joint ownership.

New board, old pain

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› sarah@sfbg.com

One of the first tasks awaiting the new Board of Supervisors in January 2009 is to make unprecedented cuts to the city budget as San Francisco seeks to balance a $125 million mid-year shortfall and address a projected $450 million deficit for the fiscal year that begins July 1, 2009.

"It’s hard to understand the magnitude of what lays at our doorstep," termed-out board president Aaron Peskin told the incoming supervisors when it became clear that he lacked the votes to enact a proposed package of cuts before his last day in office (see "Sharing the pain," 12/17/08).

"This is going to require a huge amount of selflessness, of sharing the pain among those who can share it the most and the least," warned Peskin, whose last day on the job is Jan. 6.

Newly sworn-in Sup. David Campos cited the magnitude of cuts as one of the reasons he voted not to move Peskin’s legislation out of a committee last week.

"I need more time to understand the proposal", said Campos, who took office in early December, only to find himself confronting "the worst crisis since the Depression," as Mayor Gavin Newsom called it during a visit to the board.

"And this way, the new board gets to weigh in," added Campos, who joins seven returning supervisors — Michela Alioto-Pier, Carmen Chu, Chris Daly, Bevan Dufty, Sean Elsbernd, Sophie Maxwell, and Ross Mirkarimi — and three new supervisors: John Avalos, David Chiu, and Eric Mar.

The decision to delay budgetary cuts until 2009 also secured an extra month of grace for community service providers. Peskin and the Mayor’s Office agreed that cuts scheduled for mid-January won’t kick in until Feb. 20.

But, as Daly noted as he urged the board to kill Newsom’s million-dollar, Tenderloin-based Community Justice Court, the 409 pink slips that were recently issued predominantly to front-line city workers have not been rescinded.

"And folks will have to find many more millions to avert terrible community cuts," Daly observed. Peskin warned that the CJC could cost $2 million annually if the federal government isn’t willing to fund it next year.

Daly argued that defunding the CJC was a "no-brainer," citing the project’s lack of community support and the fact that the services it aims to divert people to — substance abuse, mental health, and homeless programs — are up for cuts.

But Daly failed to get a veto-proof super-majority after Sup. Gerardo Sandoval, who was elected to the Superior Court in November, recused himself, and Sup. Bevan Dufty, who has his eye on Room 200, voted in favor of the mayor’s project.

"I don’t see this as a new program, but one that tries to tie together what’s already in the community justice system," Dufty said.

With the bad fiscal news expected to snowball in 2009, Daly says he plans to call for hearings to examine the possibility of more cuts to upper-level city managers.

"It’s incumbent upon us to make sure there is not fat left in the city budget, especially when it comes to upper-level managers, as we are trimming the resources available to those who are more vulnerable," Daly explained.

Changing climate

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› news@sfbg.com

GREEN CITY In its final full month in power, the George W. Bush administration has managed to screw up one last chance to take action on the increasingly desperate climate crisis, the latest in a string of diplomatic failures being inherited by the incoming Barack Obama administration.

The UN Climate Change Conferences in Poznan, Poland concluded Dec. 12 after nearly two weeks of negotiations, presentations, and demonstrations. Greenpeace pushed hard for strong action at the conference, even using San Francisco as a staging ground for its message.

Yet what Greenpeace officials initially viewed as a great chance to show a new face of American leadership on global warming instead turned out to be what group spokesperson Daniel Kessler called "a profound disappointment."

Kessler and other representatives from Greenpeace told the Guardian that members of the American delegation refused to agree to any international agreements because they didn’t want to constrain the incoming administration. The indecisive US stance then spread to other industrialized nations and no substantial agreement was reached.

"In Poznan, it seemed like everyone was in a holding pattern waiting for the Obama administration. But it’s just another excuse when what we really need is action," Kessler said.

For Ben Smith, Greenpeace’s global warming national organizer, this is just the most recent strategic move that the administration has made over the past eight years to obstruct any meaningful progress on the environment.

"The reality is, of course, that they’re catering to industry and don’t want to come to an agreement," Smith said. "They’re continuing their efforts to stall any progress."

Much of Greenpeace’s work at the conference has been to work around the US delegation, attempting to show the international community that the Bush administration is in its death throes and out of touch with the country when it comes to dealing with global warming.

On Dec. 6, Greenpeace organized "A Global Day of Action" to send the message that the American people are ready to help save the planet. It staged demonstrations in 25 cities around the country and dozens more around the world. In San Francisco, the organization brought more than 300 volunteers, activists, and community members to Crissy Field to hold a 30-by-50-foot green postcard reading: "Dear World Leaders, We are ready to save the climate — San Francisco. P.S. Yes We Can!"

A helicopter buzzed overhead to capture the image with the Golden Gate Bridge towering in the background. The images and others like it were sent to the Greenpeace delegates in Poland.

During the San Francisco event, Lauren Thorpe, a field organizer with Greenpeace, stood on the back of the flatbed truck that served as the stage and summed up the day’s message. "We really want strong action on global warming and we’re ready for America to take a leadership role on that again," she said.

The atmosphere at the event was hopeful and enthusiastic. Sup. Ross Mirkarimi even stopped by midway through his morning jog, apparently unaware he was scheduled to speak until 20 minutes before. He stood above the crowd in gray sweats and, after catching his breath, delivered a stirring impromptu speech encouraging the audience to hold officials at all levels of government accountable.

"Our federal government is moving at a very glacial pace in order to address the global warming crisis," he said. "And I’m not seeing any evidence that that’s going to turn around soon enough so that we can relax here from a local or municipal perspective."

Though the negotiations in Poland may have fizzled, the outpouring of support from San Francisco and elsewhere has encouraged Greenpeace during this important transition period. Kessler says that Greenpeace will continue to pursue its direct action strategy while working with the Obama administration’s new team.

"There is a lot of hope that he’s going to do the right thing," Smith said.

Lucy Pearce, a campaign leader from the British organization Stop Climate Chaos, urged the Crissy Field crowd to push for bold action on the climate change in the coming year: "We have to keep the pressure on and make sure that we don’t just rest on hope. We’ve actually got to deliver on climate change."

“The Board without Ammiano is like the Vatican without the Pope.”

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ammiano.jpg

“The man. The myth. The legend.”

That’s how Board President Aaron Peskin introduced Sup. Tom Ammiano, as he bid farewell to the longest serving member of the San Francisco Board of Supervisors at today’s Board meeting.

Headed to Sacramento to serve in the State Assembly, Ammiano has a 14-year record as SF supervisor that simply can’t be beat now that 8-year term limits have been introduced at the Board. And it will be difficult for other supes to touch his record in terms of legislation, service, attitude, wit and, of course, stark raving popularity.

Recalling Ammiano’s arrival at the Board a decade and a half ago, Peskin said, “Tom was a voice in the wilderness.”

“He managed to got living wage and domestic partnership legislation passed, long before either concept was popular. He succeeded in prevailing on district elections,” Peskin said. “He gave voice to the modern Board of Supervisors—for which I’ll never forgive you, Tom.”

“We love you, we miss you and I’ll come volunteer in your district office, now that I’m not going to have a job come December 8,” Peskin added.

Then it was the turn of Sup. Bevan Dufty, who has sat elbow to elbow with Ammiano for the past two years, to explain why he believes that he had “the best seat in the house.”

According to Dufty, this close proximity helped prevent Ammiano, who also happens to be a wickedly biting stand-up comic, from making jokes about him to the reporters that are corraled directly behind Ammiano in the press box.

Sup. Chris Daly praised Ammiano for ushering in district elections, bringing in a progressive Board and making a historic run for mayor in 1999.

“‘When you get termed out in Sacramento, we’ll be waiting for your return,” Daly promised.

Sup. Michela Alioto-Pier explained why she is going to miss Ammiano a lot.

“We never ever vote together on anything,” Alioto-Pier admitted, describing Ammiano as a “people come first” type.

“You always listen to me, and you’ve given me some of the best advice I’ve gotten since I got here,” Alioto-Pier said, further recalling how Ammiano once screamed at someone, something about, “When you walk a mile in my pumps,” an incident that inspired her to admire this famously flamboyant supervisor even more than ever.

Sup. Mirkarimi recalled how he was working as aide to Sup. Terence Hallinan, when Ammiano was first elected

“Tom really changed the entire climate of this instituion,” Mirkarimi said. “He swifty became the archangel, if you will, of the progressive movement. He is a rain maker, a king maker, a visionary.”

Acknowledging that it’ll be impossible to replace Ammiano’s wit, Mirkarimi suggested that he consider providing courses for would-be politicians.

Sup. Jake McGoldrick said “ Tom Ammiano has changed the world.”

Sup. Carmen Chu found it fitting that Ammiano is going to the State Assembly, since ” he’s such a statesman.”

The wittiest line of the afternoon belonged to Sup. Sean Elsbernd.

“The Board of Supervisors without Tom Ammiano is like the Vatican without the Pope,” Elsbernd said.

And the best warning belonged to Sup. Sophie Maxwell.

Recalling Ammiano’s grace and integrity, his ability to get testy and angry one minute, to lash out and then let matters drop the next, Maxwell said, “Look out Sacramento, they just don’t know what’s coming.”

Then it was Ammiano’s turn to say goodbye.

“It’s been a great time,” he said, recalling how district elections heralded a return to populism and admitting how he has only recently been getting in touch with how much Harvey Milk inspired the city, and how “terrifically special and strong” Milk was.

Calling San Francisco “a crazy indefinable city,” Ammiano said, “Elvis may have left the building, but never the City.” Then, turning to the press box, tears in his eyes, he said, “And thank you, press.”

And then he was gone in a blaze of bouquets and flowery accolades, leaving the running dogs of the press wondering just exactly how we are going to survive Board meetings, without those joking asides that Dufty rightly feared and that Ammiano frequently tossed out for us, like biscuits for naughty puppies that he somehow still manages to love, no matter how many times we chew on his favorite slippers.

After the bubble

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› amanda@sfbg.com

Speculators will be able to sit on tracts of San Francisco land until the market improves. Development impact fees will be set too low to cover the costs of neighborhood improvements like parks, streets, and transit. Affordable housing development is intimately tied to a busted market rate-housing boom.

This is the future of the eastern South of Market, Potrero Hill, Central Waterfront, and Mission District neighborhoods as laid out in the Eastern Neighborhoods Plan, a community rezoning effort that began in 2001 that now fills a binder thicker than a weightlifter’s bicep.

After more than 30 public hearings, the plan is approaching final approval by the Board of Supervisors. While some are lauding all the heavy lifting that’s been done to get it to this stage, there are still some noticeable shortcomings.

"The plan itself is despicably deficient in terms of affordable housing," housing activist Calvin Welch told the Guardian. That sentiment was echoed by spokespeople from the Mission Anti-Displacement Coalition and the South of Market Community Action Network, who may join together in a legal challenge of the plan’s Environmental Impact Report for failing to properly consider socioeconomic impacts.

"There will be environmental impacts in terms of displacement, increased amounts of traffic and cars, increased levels of noise," said April Veneracion, SOMCAN’s organization director. "The Board of Supervisors could have addressed these inadequacies in the EIR with amendments."

Some last minute amendments were added that would audit the financing of projects and reduce land speculation — but due to a tricky legislative maneuver, even these concessions could be axed by a veto from Mayor Gavin Newsom.

The bulk of the plan rezones vast tracts of industrial land on the eastern flank of the city for housing, mixed urban use (including retail and commercial sites), and a light industrial category called "production, distribution, and repair" (PDR) that protects many of the working-class jobs remaining in San Francisco.

Building height limits will increase in some areas and remain at 40 feet in others. Between 7,000 and 10,000 new units of housing are anticipated, with affordable housing rates between 15 to 25 percent, depending on the location and project.

However, the one method of financing affordable housing — known as inclusionary housing, which requires market-rate developers to include a certain percentage of affordable units — is entirely linked to a now-waning economic boom. "Events have rendered it meaningless," said Welch. "The Eastern Neighborhoods Plan is a plan predicated on a red-hot real estate market. Planning has no ability to shift with the market and the market, since mid-September, has changed radically."

The Controller’s Office recently readjusted the city’s revenue projections, suggesting a $90 to $125 million budget shortfall in the current fiscal year, with 40 to 49 percent of that directly connected to flagging real estate transactions.

Yet housing in the Eastern Neighborhoods Plan remains primarily composed of market-rate units, fetching upward of $700,000 apiece, with "middle-income" units discounted to half that, and below-market-rate apartments still costing over $200,000 each. Development impact fees are set for $10 per square foot of construction — not enough to cover the proposed improvements that would make these industrial areas pleasant and safe for everyday residential living and working.

"In order to support the population that’s expected to move in, you need transit improvements, park improvements, street improvements," said Tony Kelly of the Potrero Boosters, a neighborhood group. "Less than half [of these] have been funded by the project."

He characterized the approved parts of the plan as "pretty weak." "They’re rezoning 500 acres of industrial land for housing — predominantly market-rate — right at a time when no one’s building market-rate housing," Kelly said. He also said the plan lacked many creative financing ideas. "When the area plans were presented to our neighborhood back in 2006, the Planning Department outlined all the things a neighborhood needs. There was a chart with 18 different ways to pay for it. How many are now in the plan? One."

Ways to ensure that developer fees are used well and land doesn’t sit fallow were introduced at the last minute. Amendments to the plan, made by Sup. Aaron Peskin, require audits of the neighborhood improvement fees and forcing developers to actually build rather than speculate — but they received a potentially fatal last-minute blow.

The Board’s first vote on the plan occurred during the Nov. 18 meeting and the bulk of the plan received unanimous support (minus Sup. Chris Daly, who is recused from voting because he owns property in the plan area).

But late in the game, a standoff arose between Peskin and Sup. Sean Elsbernd, who opposed blindly rubberstamping the last-minute amendments offered by Peskin during the previous night’s Land Use and Economic Development Committee hearing.

"We saw the actual language of this if you looked in your e-mail in the last two hours," Elsbernd said during the heat of the Board hearing. "I’d like a week to read the changes made by you last night."

The Board voted to continue the matter for a week, but then, at the end of that day’s business, Peskin rescinded the vote and forced the issue. As promised, Elsbernd severed the four Peskin amendments — a legislative tactic that allows one supervisor to slice out parts of legislation and place them into individual files for separate votes.

Peskin countered by severing another amendment, added by Sup. Gerardo Sandoval, which would have allowed special height increases for two lots on Mission Street, where the New Mission Theatre and the Giant Value store currently sit. Gus Murad, who owns the properties as well as the adjacent restaurant Medjool, has been lobbying to convert the properties to commercial and residential space.

The supervisors shot down the "spot zoning" amendment that would let future buildings on the two sites to be built higher than what’s currently allowed on Mission Street. MAC spokesperson Nick Pagoulatos later applauded the move: "It would have been a ridiculous exception to make and one that clearly favored one developer."

Despite Elsbernd’s move to sever the amendments, all four passed, but didn’t receive enough votes to block a veto from Newsom. Supervisors Carmen Chu and Michela Alioto-Pier voted with Elsbernd.

The mayor’s ability to line-item veto some key protections sought by neighborhood activists was at the heart of the move. "That’s absolutely right," Elsbernd told the Guardian, who added that although he hadn’t spoken with Newsom and didn’t know his intentions, "These are issues that absolutely concern me."

The amendments add "metering" and "use it or lose it" provisions to the plan. Metering is essentially an audit performed by the board every five years to ensure that collected developer impact fees are used properly. Peskin said that while they couldn’t meet all the requests of neighborhood groups and housing rights activists, "this was something that we could do that made good public policy sense."

Elsbernd told the Guardian he didn’t object to the concept of metering but would like oversight by the Controller’s Office. "Metering gives the Board of Supervisors full power and takes the executive out of the mix," he said of the plan as it stands now, adding that it should be viewed as a long-term protection. "This is not about Mayor Gavin Newsom. It’s about Mayor Mirkarimi or Mayor Peskin."

The "use it or lose it" requirements are designed to reduce speculation by mandating that a developer with a project that has received a green light from the Planning Department must procure a building permit within three years, after which they have one year to break ground. Currently, there’s no limit to the amount of time a developer can sit on a property, which becomes more valuable after receiving city approval.

Elsbernd said, "Three years is just not fair," but again, he said he thought there was a middle ground and would like to see project developers given opportunities to make cases for extensions. However, if the developer has one of those grandfathered projects that doesn’t have to meet the new, stricter inclusionary housing regulations or pay public benefits charges, they should "have to pay full fare, full affordability, full fees," said Elsbernd.

A second vote on the plan and its amendments is scheduled for the Nov. 25 Board meeting, after Guardian press deadline, but Elsbernd expressed optimism about a compromise as part of last-minute dealmaking. "I would say there’s a possibility, as colleagues realize the potential mayoral veto."

Still, Welch pointed out that resistance to a "use it or lose it" protection is proof that San Francisco’s real estate market is in no way immune to the economic crisis afflicting the rest of the country. "The assumption built into the Eastern Neighborhoods Plan was this robust growing market for condo development and I think the bubble has burst," said Welch. "If that isn’t the case, then why would developers care about a requirement that says you have to build in three years? The Mayor’s Office told me the phones were melting after Monday night’s amendments passed."

But Welch said one of the great ironies of a market-rate housing crash is that it makes nonprofit housing development even more competitive. "That’s why we pushed so hard for ‘use it or lose it.’ It forces developers to say to the city ‘we’ll do it,’ or ‘would you like to buy the site?’<0x2009>" He said the city should be poised to buy those sites in order to build affordable housing and suggested the city lobby Barack Obama’s administration for the funds to do it as part of the large infrastructure improvements planned by the president-elect.

"I think the way housing is financed is going to be totally transformed and the federal government is going to play a bigger role," said Welch. *

Clean energy

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EDITORIAL Pacific Gas and Electric Co., its political hacks, and to a great extent, the San Francisco Chronicle all seem to take the same line on the defeat of Proposition H: It’s done. The people have spoken. Public power has been on the ballot 11 times, and it’s never passed.

And — as is always the case with a losing campaign — supporters of the Clean Energy Act are discussing what went wrong, looking at how the measure was written, the details, the language, the scope to see if there was something that could have been done differently.

But that ignores the central reality of the campaign for Prop. H: PG&E spent nearly $10.3 million to kill it. And it’s very, very hard to fight that kind of money.

The truth is, there was nothing wrong with the language or scope of Prop. H. If it had passed, it would have given the city the tools to create a sustainable energy portfolio that would be the envy of the nation. In fact, there is little doubt that the Clean Energy Act was well ahead in the polls when it was first placed on the ballot.

But as we’ve seen with so many races over time (and as we saw with Proposition 8 this fall) when a ballot measure it becomes a citywide or statewide race, big money has a serious impact. And we’ve never seen this kind of money in a San Francisco initiative campaign. In the end, PG&E spent about $53 per vote. That’s an outrageous sum, dwarfing any political spending that’s ever happened in San Francisco

Yet despite the barrage, the Clean Energy Act got tremendous grassroots and political support. Clean Energy has a strong constituency in San Francisco, including from the Sierra Club, and the power of this campaign won’t go away. Despite the efforts of downtown and PG&E, progressives still control the Board of Supervisors. Three of the city’s four representatives in Sacramento — Senator-elect Mark Leno, Assembly Member Fiona Ma and Assembly Member-elect Tom Ammiano — supported the legislation and will continue to back efforts to replace PG&E’s dirty power with locally- owned renewable energy. PG&E has money but it’s running out of friends in this town — and its illegal monopoly is the very definition of unsustainable.

There’s now an organized constituency for clean energy and public power, seasoned by this campaign and ready to continue the battle. That’s what needs to happen. There are numerous fronts: the city needs to be moving forward quickly with community choice aggregation, which offers the potential for cheaper, cleaner power. (The downside to CCA is that it doesn’t allow the city to make money; PG&E would still own the transmission lines, and thus make all the profits in the system.) Potentially, however, a CCA agency could begin moving toward creating local generation facilities and eventually toward building a local transmission system. A CCA also could directly access the city’s own Hetch Hetchy power and begin delivering it to local customers (once San Francisco can get out of the contracts requiring it to send too much of that power out of town).

The supervisors need a strong Local Agency Formation Commission to keep monitoring and pushing this, and the new board president needs to be sure LAFCO members are committed to and energized about renewable energy and public power.

Several supervisors — Sean Elsbernd, for example — told us they saw no reason for Prop. H to be on the ballot since so much of what it called for could be done by the board. Fine: Sup. Ross Mirkarimi, one of the authors of Prop. H, should immediately introduce legislation to do everything in Prop. H that doesn’t require a city charter change. Let’s see if Elsbernd and the mayor are really just PG&E call-up votes or if they’re willing to support an energy options feasibility study and strong renewable-energy mandates for the city.

And there are still legal options that the board should look at. City Attorney Dennis Herrera never wanted to go to court to enforce the Raker Act, the federal law requiring San Francisco to operate a public power system, but that’s an area the board can push. David Campos, the apparent supervisor-elect in District 9, is a lawyer who has worked in the city attorney’s office and sued PG&E, so this is an area where he can show leadership.

The bottom line is that this battle isn’t over.

There were other disappointments on what was generally a progressive ballot. Proposition V — the phony measure calling on the school board to reinstate JROTC — passed, narrowly. It was mostly a wedge issue to hurt progressive candidates for supervisor, and has been a horribly divisive issue in the schools. The school board, which cut off JROTC last year, is now pushing for an excellent public service alternative and doesn’t need to go back and reexamine the issue. JROTC is a terrible idea for San Francisco, and the newly elected board members shouldn’t even bring this up again.

Of course we were deeply unhappy about the passage of Prop. 8. The repeal of same-sex marriage was such a blow to San Francisco that it dampened a lot of the enthusiasm over the Obama victory. But that one’s not over, either; it has just begun. Statistics show that voters under 30 overwhelmingly support same-sex marriage — and if the campaign is run differently, and the message is positive, it’s likely that Prop. 8 can be overturned. Marriage equality advocates should think seriously about preparing now for a major campaign in November 2010 to restore equal rights for same-sex couples in California.

Daly and Mirkarimi need to talk

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By Tim Redmond

The new board will have, if anything, a stronger progressive presence than the outgoing board. For the past four years, Tom Ammiano, Chris Daly and Ross Mirkarimi have held down the left flank, with Board President Aaron Peskin on the right side most of the time (and leading the way some of the time). Jake McGoldrick, from District One, wasn’t always there, and Gerardo Sandoval, from District 11, couldn’t always be counted on. On some issues, the more centrist Sophie Maxwell and Bevan Dufty joined the progressives to override the mayor’s vetos.

This time around, with Eric Mar, John Avalos and David Chiu replacing McGoldrick, Sandoval and Peskin, David Campos replacing Ammiano, Mirkarimi coming back for a second term and Daly in his final two years, the progressives ought to have a solid six-vote majority.

But they can’t start off with the two veterans, Mirkarimi and Daly, fighting.

Mirkarimi wants to be board president. Daly wants somebody — anybody — else. He told me he wouldn’t under any circumstances vote for Mirkarimi. The two agree on almost every important issue, and yet they’re squabbling over the board’s new leadership. (And Daly doesn’t even want the job.)

Look, Mirkarimi can’t claim the board presidency by right. He has to reach out, make alliances, and line up six votes. A board president needs the support and confidence of his colleagues. If Ross can’t count to four or five, even Daly’s support won’t get him across the line.

Still, this doesn’t have to be, and shouldn’t be, a nasty fight that leaves the left divided and its leaders on the board bitter. Ross, Chris — you guys need to talk.

The old Chris Daly line again

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By Tim Redmond

The Chron’s piece on the upcoming battle for board of supervisors president was fairly accurate and well-balanced, as far as it went, except for this:

the presidency appears to be guaranteed to a bloc led by the board’s most controversial member, Supervisor Chris Daly.

Daly may or may not be the board’s “most controversial member,” but he clearly isn’t the leader of the progressive bloc. He has his allies — incoming Sup John Avalos used to work for him — but the other three newcomers have other alliances. David Campos ran with the support of Tom Ammiano; Daly backed Eric Quezada. David Chiu is way closer to current Board President Aaron Peskin than to Daly. Eric Mar, former School Board member, is friendly with Daly but also with others on the board and is far too independent to just do what Daly says. And of course, Sup. Ross Mirkarimi isn’t going to follow Daly’s lead.

Daly has made it clear that he shouldn’t and won’t be board president. And with Peskin and Ammiano leaving, there’s no clear “leader” of the “progressive bloc.” That’s why the race will be so interesting.

Clean energy: the next moves

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EDITORIAL Pacific Gas and Electric Co., its political hacks, and to a great extent, the San Francisco Chronicle all seem to take the same line on the defeat of Proposition H: It’s done. The people have spoken. Public power has been on the ballot 11 times, and it’s never passed.

And — as is always the case with a losing campaign — supporters of the Clean Energy Act are discussing what went wrong, looking at how the measure was written, the details, the language, the scope to see if there was something that could have been done differently.

But that ignores the central reality of the campaign for Prop. H: PG&E spent nearly $10.3 million to kill it. And it’s very, very hard to fight that kind of money.

The truth is, there was nothing wrong with the language or scope of Prop. H. If it had passed, it would have given the city the tools to create a sustainable energy portfolio that would be the envy of the nation. In fact, there is little doubt that the Clean Energy Act was well ahead in the polls when it was first placed on the ballot.

But as we’ve seen with so many races over time (and as we saw with Proposition 8 this fall) when a ballot measure it becomes a citywide or statewide race, big money has a serious impact. And we’ve never seen this kind of money in a San Francisco initiative campaign. In the end, PG&E spent about $53 per vote. That’s an outrageous sum, dwarfing any political spending that’s ever happened in San Francisco

Yet despite the barrage, the Clean Energy Act got tremendous grassroots and political support. Clean Energy has a strong constituency in San Francisco, including from the Sierra Club, and the power of this campaign won’t go away. Despite the efforts of downtown and PG&E, progressives still control the Board of Supervisors. Three of the city’s four representatives in Sacramento — Senator-elect Mark Leno, Assembly Member Fiona Ma and Assembly Member-elect Tom Ammiano — supported the legislation and will continue to back efforts to replace PG&E’s dirty power with locally- owned renewable energy. PG&E has money but it’s running out of friends in this town — and its illegal monopoly is the very definition of unsustainable.

There’s now an organized constituency for clean energy and public power, seasoned by this campaign and ready to continue the battle. That’s what needs to happen. There are numerous fronts: the city needs to be moving forward quickly with community choice aggregation, which offers the potential for cheaper, cleaner power. (The downside to CCA is that it doesn’t allow the city to make money; PG&E would still own the transmission lines, and thus make all the profits in the system.) Potentially, however, a CCA agency could begin moving toward creating local generation facilities and eventually toward building a local transmission system. A CCA also could directly access the city’s own Hetch Hetchy power and begin delivering it to local customers (once San Francisco can get out of the contracts requiring it to send too much of that power out of town).

The supervisors need a strong Local Agency Formation Commission to keep monitoring and pushing this, and the new board president needs to be sure LAFCO members are committed to and energized about renewable energy and public power.

Several supervisors — Sean Elsbernd, for example — told us they saw no reason for Prop. H to be on the ballot since so much of what it called for could be done by the board. Fine: Sup. Ross Mirkarimi, one of the authors of Prop. H, should immediately introduce legislation to do everything in Prop. H that doesn’t require a city charter change. Let’s see if Elsbernd and the mayor are really just PG&E call-up votes or if they’re willing to support an energy options feasibility study and strong renewable-energy mandates for the city.

And there are still legal options that the board should look at. City Attorney Dennis Herrera never wanted to go to court to enforce the Raker Act, the federal law requiring San Francisco to operate a public power system, but that’s an area the board can push. David Campos, the apparent supervisor-elect in District 9, is a lawyer who has worked in the city attorney’s office and sued PG&E, so this is an area where he can show leadership.

The bottom line is that this battle isn’t over.

There were other disappointments on what was generally a progressive ballot. Proposition V — the phony measure calling on the school board to reinstate JROTC — passed, narrowly. It was mostly a wedge issue to hurt progressive candidates for supervisor, and has been a horribly divisive issue in the schools. The school board, which cut off JROTC last year, is now pushing for an excellent public service alternative and doesn’t need to go back and reexamine the issue. JROTC is a terrible idea for San Francisco, and the newly elected board members shouldn’t even bring this up again.

Of course we were deeply unhappy about the passage of Prop. 8. The repeal of same-sex marriage was such a blow to San Francisco that it dampened a lot of the enthusiasm over the Obama victory. But that one’s not over, either; it has just begun. Statistics show that voters under 30 overwhelmingly support same-sex marriage — and if the campaign is run differently, and the message is positive, it’s likely that Prop. 8 can be overturned. Marriage equality advocates should think seriously about preparing now for a major campaign in November 2010 to restore equal rights for same-sex couples in California.

Money is power

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› amanda@sfbg.com

GREEN CITY While the latest public power proposal was soundly defeated at the polls, the apparent failure of a pair of electricity generation initiatives backed by Mayor Gavin Newsom and Pacific Gas & Electric Co. is fueling an existing plan to create more city-owned energy projects.

Proposition H, which would have moved the city toward 100 percent renewable energy by 2040 and allowed public power to help meet that goal, lost Nov. 4 by more than 20 percentage points. PG&E spent a record-breaking $10.3 million against the measure, or more than $53 per vote as of the Nov. 10 tally.

For that kind of money, said campaign finance expert Bob Stern of the Center for Government Studies, "they could have taken every voter out and bought them an expensive meal." But, he said, that’s a pittance for a company like PG&E. "They knew spending $10 million was going to save them a bunch of money."

Two days after the election, PG&E announced a 9 percent increase in year-to-date profits over last year, boosted partly by a 6 percent rate increase PG&E implemented Oct. 1, which it argued was needed to cover the increased cost of natural gas.

Prop. H would have moved San Francisco away from volatile fossil fuel prices, although the city is still hoping to procure 51 percent of its energy needs from renewables by 2017 through the community choice aggregation (CCA) program.

Meanwhile a plan to retrofit the Mirant Potrero Power Plant is looking shakier since Nov. 4, when the Board of Supervisors tabled legislation that would have authorized the Mayor’s Office and San Francisco Public Utilities Commission to negotiate the deal.

Prior Land Use and Economic Development committee hearings showed that retrofitting the plant to run on natural gas instead of diesel may not be as technologically or economically feasible as suggested in a report commissioned by Mirant (see "Power possibilities," Nov. 5).

But a recent report on CCA outlines ways the city may be able to procure the baseload energy demand required by the California Independent System Operator (Cal-ISO) without retrofitting Mirant or building new peak-demand fossil fuel plants (known as "peakers"), as city officials originally proposed.

The report by Local Power, the lead CCA consultant hired by the city, suggests that the SFPUC’s current plan to upgrade natural gas steam boilers in large downtown buildings can be modified to capture waste heat and turn it into energy, a process known as cogeneration.

The city Department of the Environment has already identified 106 MW of potential energy — about the same amount Cal-ISO is requiring the city to have on hand for energy reliability. Although this isn’t renewable energy because it’s capturing wasted gas heat, "it’s really clean, good quality brown power," said Paul Fenn of Local Power, noting that it makes use of something that is currently being wasted.

Local Power’s draft report, which lays the groundwork for what the city needs to do before 2010 to make CCA work, also disputes the conclusions of a tidal power feasibility study conducted for the SFPUC. In July, URS Corp. reported that tidal power in the Golden Gate would cost between 80 cents and $1.40 per kW-hour and only generate a little over 1 MW of power. "We do not consider a tidal power project located in the vicinity of the Golden Gate to be commercially feasible at this time," the report states.

Local Power contends that URS undervalued the potential energy by using computer modeling rather than actual tidal data and overlooked the strongest area for building an underwater turbine. It also failed to account for public financing at a lower interest rate, which would make city-owned tidal power much cheaper.

"We are confident you can get 10 MW," Fenn said. "The whole thing was modeled on PG&E ownership."

Local Power recommended the city get actual tidal data from the best spot and run the numbers again. "The ocean is the ultimate energy resource for San Francisco," said Fenn, who compared the challenge of constructing this kind of infrastructure to the Hoover Dam.

Newsom, who opposed Prop. H but still claims to support CCA, remains committed to tidal power. "Mayor Newsom supports advancing a tidal project at the mouth of the bay," his spokesperson, Joe Arellano, wrote in an e-mail.

The rollout of CCA is expected in 2010, when the city issues a request for proposals from companies interested in building or supplying energy. Several companies have already responded to a request for information. CCA is slated to include a 150 MW wind farm, 31 MW of solar, 103 MW of local distributed generation, and 107 MW of efficiency technologies. Funding would come from $1.2 billion in renewable energy bonds that have already been approved.

Local Power’s report includes concrete actions the city can take, including a plan to finally make Hetch Hetchy power available to citizens, a recommendation that the wind farm be built in the Delta for easy access to the Transbay Cable — a new 400 MW, 59-mile transmission line between Pittsburg and San Francisco that’s scheduled to be completed in 2010 — and urging the city to petition the California Public Utilities Commission (CPUC) for so-called public good charges collected from ratepayers that currently go to PG&E’s energy efficiency programs.

"We’re trying to put ideas on the table for the RFPs," said Fenn, who stressed that the city should make it as easy as possible for CCA to get underway, a goal that will require a lot more cooperation between departments. For example, the report outlines several hindrances to getting renewable energy up and running, from permit hassles to delayed interconnections to PG&E’s grid.

"Where we see problems in the city for permitting and zoning, we can seek to change them now," Fenn said.

That chance may come soon. The Land Use and Economic Development Committee is hearing legislation Nov. 12 to require conditional use permitting for all power plants greater than 10 MW. Though the legislation originally targeted the Mirant plant, the Planning Department, in its review of the draft legislation, suggested that all power plants be subject to the additional review. Sup. Aaron Peskin, who sponsored the legislation with Sup. Sophie Maxwell, suggested the change wasn’t appropriate. "It just means more public process."

But, Fenn said, "To set standards based on pre-CCA era is at this point confusing. Like [Sup.] Ross [Mirkarimi] said, the CCA program should be the unifying principle of energy policy in San Francisco. Integrating all the pieces is indeed the entire secret of making all the parts perform better so that we can achieve the required meet-or-beat-PG&E-rates outcome."

Mirkarimi told us the program could obviate retrofitting Mirant or pursuing the peakers. "CCA still has not been taken seriously enough by the SFPUC or the Newsom administration."

The people’s election

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› news@sfbg.com

By midnight Nov. 4, the drama was long over: John McCain had conceded, Barack Obama had delivered his moving victory speech — declaring that “change has come to America” — and the long national nightmare of the Bush years was officially headed for the history books.

But in San Francisco, the party was just getting started.

Outside of Kilowatt, on 16th Street near Guerrero, the crowd of celebrants was dancing to the sounds of a street drummer. In the Castro District, a huge crowd was cheering and chanting Obama’s name. And on Valencia and 19th streets, a spontaneous outpouring of energy filled the intersection. Two police officers stood by watching, and when a reporter asked one if he was planning to try to shut down the celebration and clear the streets, he smiled. “Not now,” he said. “Not now.”

Then, out of nowhere, the crowd began to sing: O say can you see /By the dawn’s early light …

It was a stunning moment, as dramatic as anything we’ve seen in this city in years. In perhaps the most liberal, counterculture section of the nation’s most liberal, counterculture city, young people by the hundreds were proudly singing The Star Spangled Banner. “For the first time in my life,” one crooner announced, “I feel proud to be an American.”

Take that, Fox News. Take that Sean Hannity and Rush Limbaugh and Sarah Palin and the rest of the right-wing bigots who have tried to claim this country for themselves. On Nov. 4, 2008, progressives showed the world that we’re real Americans, too, proud of a country that has learned from its mistakes and corrected its course.

President Obama will let us down soon enough; he almost has to. The task at hand is so daunting, and our collective hopes are so high, that it’s hard to see how anyone could succeed without a few mistakes. In fact, Obama already admitted he won’t be “a perfect president.” And when you get past the rhetoric and the rock star excitement, he’s taken some pretty conservative positions on many of the big issues, from promoting “clean coal” and nuclear power to escautf8g the war in Afghanistan.

But make no mistake about it: electing Barack Obama was a progressive victory. Although he never followed the entire progressive line in his policy positions, he was, and is, the creature of a strong progressive movement that can rightly claim him as its standard-bearer. He was the candidate backed from the beginning by progressives like Supervisors Chris Daly and Ross Mirkarimi (a Green). And only after his improbable nomination did moderates like Mayor Gavin Newsom and Sen. Dianne Feinstein jump on the bandwagon.

From the start, the young, activist, left wing of the Democratic Party was the driving force behind the Obama revolution. And while he has always talked to the Washington bigwigs — and will populate his administration with many of them — he would never have won without the rest of us. And that’s a fact of political life it will be hard for him to ignore, particularly if we don’t let him forget it.

For a few generations of Americans — everyone who turned 18 after 1964 — this was the first presidential election we’ve been able to get truly excited about. It was also the first presidential election that was won, to a significant extent, on the Internet, where progressive sites like dailykos.com raised millions of dollars, generated a small army of ground troops, and drove turnout in both the primaries and the general election. The movement that was built behind Obama can become a profound and powerful force in American politics.

So this was, by any reasonable measure, the People’s Election. And now it’s the job of the people to keep that hope — and that movement — alive, even when its standard-bearer doesn’t always live up to our dreams.

The evidence that this was the People’s Election wasn’t just at the national level. It showed up in the results of the San Francisco elections as well.

This was the election that would demonstrate, for the first time since the return of district elections, whether a concerted, well-funded downtown campaign could trump a progressive grassroots organizing effort. Sure, in 2000, downtown and then-Mayor Willie Brown had their candidates, and the progressives beat them in nearly every race. But that was a time when the mayor’s popularity was in the tank, and San Franciscans of all political stripes were furious at the corruption in City Hall.

“In 2000, I think a third of the votes that the left got came from Republicans,” GOP consultant Chris Bowman, who was only partially joking, told us on election night.

This time around, with the class of 2000 termed out, a popular mayor in office and poll numbers and conventional wisdom both arguing that San Franciscans weren’t happy with the current Board of Supervisors (particularly with some of its members, most notably Chris Daly), many observers believed that a powerful big-money campaign backing some likable supervisorial candidates (with little political baggage) could dislodge the progressive majority.

As late as the week before the election, polls showed that the three swings districts — 1, 3, and 11 — were too close to call, and that in District 1, Chamber of Commerce executive Sue Lee could be heading for a victory over progressive school board member Eric Mar.

And boy, did downtown try. The big business leaders, through groups including the Committee on Jobs, the Chamber, the Association of Realtors, Plan C, the newly-formed Coalition for Responsible Growth, and the Building Owners and Managers Association, poured more than $630,000 into independent expenditures smearing progressive candidates and promoting the downtown choices. Newsom campaigned with Joe Alioto, Jr. in District 3 and Ahsha Safai in District 11. Television ads sought to link Mar, John Avalos, and David Chiu with Daly.

Although the supervisors have no role in running the schools, the Republicans and downtown pushed hard to use a measure aimed at restoring JROTC to the city’s high schools as a wedge against the progressives in the three swing districts. They also went to great lengths — even misstating the candidates’ positions — to tar Mar, Chiu, and Avalos with supporting the legalization of prostitution.

And it didn’t work.

When the votes were counted election night, it became clear that two of the three progressives — Avalos and Chiu — were headed for decisive victories. And Mar was far enough ahead that it appeared he would emerge on top.

How did that happen? Old-fashioned shoe leather. The three campaigns worked the streets hard, knocking on doors, distributing literature, and phone banking.

“I’ve been feeling pretty confident for a week,” Avalos told us election night, noting his campaign’s strong field operation. As he knocked on doors, Avalos came to understand that downtown’s attacks were ineffective: “No one bought their horseshit.”

A few weeks earlier, he hadn’t been so confident. Avalos said that Safai ran a strong, well-funded campaign and personally knocked on lots of doors in the district. But ultimately, Avalos was the candidate with the deepest roots in the district and the longest history of progressive political activism.

“This is really about our neighborhood,” Avalos told us at his election night party at Club Bottom’s Up in the Excelsior District. “It was the people in this room that really turned it around.”

The San Francisco Labor Council and the tenants’ movement also put dozens of organizers on the ground, stepping up particularly strongly as the seemingly coordinated downtown attacks persisted. “It was, quite literally, money against people, and the people won,” Labor Council director Tim Paulson told us.

Robert Haaland, a staffer with the Service Employees International Union and one of the architects of the campaign, put it more colorfully: “We ran the fucking table,” he told us election night. “It’s amazing — we were up against the biggest downtown blitz since district elections.”

The evidence suggests that this election was no anomaly: the progressive movement has taken firm hold in San Francisco, despite the tendency of the old power-brokers — from Newsom to downtown to both of the city’s corporate-owned daily newspapers — to try to marginalize it.

Political analyst David Latterman of Fall Line Analytics began the Nov. 5 presentation at the San Francisco Planning and Urban Research Association election wrap-up by displaying an ideologically-coded map of San Francisco, drawing off of data from the Progressive Voter Index that he developed with San Francisco State University political science professor Rich de Leon. The PVI is based on how San Francisco residents in different parts of the city vote on bellwether candidates and ballot measures.

“Several of the districts in San Francisco discernibly moved to the left over the last four to eight years,” Latterman told the large crowd, which was made up of many of San Francisco’s top political professionals.

The two supervisorial districts that have moved most strongly toward the progressive column in recent years were Districts 1 (the Richmond) and 11 (the Excelsior), which just happened to be two of the three swing districts (the other being District 3–North Beach and Chinatown) that were to decide the balance of power on the Board of Supervisors this election.

Latterman said Districts “1, 3, and 11 went straight progressive, and that’s just the way it is.”

In fact, in many ways, he said this was a status-quo election, with San Francisco validating the progressive-leaning board. “A lot of people in the city didn’t see it as a chance for a drastic change citywide.”

In other words, keeping progressives in City Hall has become a mainstream choice. Whatever downtown’s propaganda tried to say, most San Franciscans are happy with a district-elected board that has brought the city a living-wage law and moved it a step toward universal health insurance.

The fate of the local ballot measures was another indication that Newsom, popular as he might be, has little ability to convince the voters to accept his policy agenda.

Voters rejected efforts by Newsom to consolidate his power, rejecting his supervisorial candidates, his Community Justice Center (as presented in Measure L), and his proposed takeover of the Transportation Authority (soundly defeating Proposition P) while approving measures he opposed, including Propositions M (protecting tenants from harassment) and T (Daly’s guarantee of substance abuse treatment on demand).

Asked about it at a post-election press conference, Newsom tried to put a positive spin on the night. “Prop. A won, and I spent three years of my life on it,” he said. “Prop B. was defeated. Prop. O, I put on the ballot. I think it’s pretty small when you look at the totality of the ballot.” He pointed out that his two appointees — Carmen Chu in District 4 and Sean Elsbernd in District 7 — won handily but made no mention of his support for losing candidates Lee, Alicia Wang, Alioto, Claudine Cheng, and Safai.

“You’ve chosen two as opposed to the totality,” Newsom said of Props. L and P. “Prop. K needed to be defeated. Prop. B needed to be defeated.”

Yet Newsom personally did as little to defeat those measures as he did to support the measures he tried to claim credit for: Measures A (the General Hospital rebuild bond, which everyone supported) and revenue-producing Measures N, O, and Q. In fact, many labor and progressives leaders privately grumbled about Newsom’s absence during the campaign.

Prop. K, which would have decriminalized prostitution, was placed on the ballot by a libertarian-led signature gathering effort, not by the progressive movement. And Prop. B, the affordable housing set-aside measure sponsored by Daly, was only narrowly defeated — after a last-minute attack funded by the landlords.

All three revenue-producing measures won by wide margins. Prop. Q, the payroll tax measure, passed by one of the widest margins — 67-33.

Latterman and Alex Clemens, owner of Barbary Coast Consulting and the SF Usual Suspects Web site, were asked whether downtown might seek to repeal district elections, and both said it didn’t really matter because people seem to support the system. “I can’t imagine, short of a tragedy, district elections going anywhere,” Latterman said.

Clemens said that while downtown’s polling showed that people largely disapprove of the Board of Supervisors — just as they do most legislative bodies — people generally like their district supervisor (a reality supported by the fact that all the incumbents were reelected by sizable margins).

“It ain’t a Board of Supervisors, it is 11 supervisors,” Clemens said, noting how informed and sophisticated the San Francisco electorate is compared to many other cities. “When you try to do a broad-based attack, you frequently end up on the wrong end (of the election outcome).”

We had a bittersweet feeling watching the scene in the Castro on election night. While thousands swarmed into the streets to celebrate Obama’s election, there was no avoiding the fact that the civil-rights movement that has such deep roots in that neighborhood was facing a serious setback.

The Castro was where the late Sup. Harvey Milk started his ground-breaking campaign to stop the anti-gay Briggs Initiative in 1978. Defying the advice of the leaders of the Democratic Party, Milk took on Briggs directly, debating him all over the state and arguing against the measure that would have barred gay and lesbian people from teaching in California’s public schools.

The defeat of the Briggs Initiative was a turning point for the queer movement — and the defeat of Prop. 8, which seeks to outlaw same-sex marriage, should have been another. Just as California was the most epic battle in a nationwide campaign by right-wing bigots 30 years ago, anti-gay marriage measures have been on the ballot all over America. And if California could have rejected that tide, it might have taken the wind out of the effort.

But that wasn’t to be. Although pre-election polls showed Prop. 8 narrowly losing, it was clear by the end of election night that it was headed for victory.

Part of the reason: two religious groups, the Catholics and the Mormons, raised and spent some $25 million to pass the measure. Church-based groups mobilized a reported 100,000 grassroots volunteers to knock on doors throughout California. Yes on 8 volunteers were as visible in cities throughout California as the No on 8 volunteers were on the streets of San Francisco, presenting a popular front that the No on 8 campaign’s $35 million in spending just couldn’t counter — particularly with so many progressive activists, who otherwise would have been walking precincts to defeat Prop. 8, fanned out across the country campaigning for Obama.

“While we knew the odds for success were not with us, we believed Californians could be the first in the nation to defeat the injustice of discriminatory measures like Proposition 8,” a statement on the No on Prop. 8 Web site said. “And while victory is not ours this day, we know that because of the work done here, freedom, fairness, and equality will be ours someday. Just look at how far we have come in a few decades.”

San Francisco City Attorney Dennis Herrera, joined by Los Angeles City Attorney Rocky Delgadillo and Santa Clara County Counsel Ann C. Raven, filed a legal challenge to Prop. 8, arguing that a ballot initiative can’t be used to take away fundamental constitutional rights.

“Such a sweeping redefinition of equal protection would require a constitutional revision rather than a mere amendment,” the petition argued.

“The issue before the court today is of far greater consequence than marriage equality alone,” Herrera said. “Equal protection of the laws is not merely the cornerstone of the California Constitution, it is what separates constitutional democracy from mob rule tyranny. If allowed to stand, Prop. 8 so devastates the principle of equal protection that it endangers the fundamental rights of any potential electoral minority — even for protected classes based on race, religion, national origin, and gender.”

That may succeed. In fact, the state Supreme Court made quite clear in its analysis legalizing same-sex marriage that this was a matter of fundamental rights: “Although defendants maintain that this court has an obligation to defer to the statutory definition of marriage contained in [state law] because that statute — having been adopted through the initiative process — represents the expression of the ‘people’s will,’ this argument fails to take into account the very basic point that the provisions of the California Constitution itself constitute the ultimate expression of the people’s will, and that the fundamental rights embodied within that Constitution for the protection of all persons represent restraints that the people themselves have imposed upon the statutory enactments that may be adopted either by their elected representatives or by the voters through the initiative process.

As the United States Supreme Court explained in West Virginia State Board of Education vs. Barnette (1943) 319 U.S. 624, 638: ‘The very purpose of a Bill of Rights was to withdraw certain subjects from the vicissitudes of political controversy, to place them beyond the reach of majorities and officials and to establish them as legal principles to be applied by the courts. One’s right to life, liberty, and property, to free speech, a free press, freedom of worship and assembly, and other fundamental rights may not be submitted to vote; they depend on the outcome of no elections.'”

As Board of Supervisors President Aaron Peskin told the Guardian later that week: “Luckily, we have an independent judiciary, because the voters of California have mistakenly taken away a class of civil rights.”

But if that legal case fails, this will probably wind up on the state ballot again. And the next campaign will have to be different.

There already have been many discussions about what the No on 8 campaign did wrong and right, but it’s clear that the queer movement needs to reach out to African Americans, particularly black churches. African Americans voted heavily in favor of Prop. 8, and ministers in many congregations preached in favor of the measure.

But there are plenty of black religious leaders who took the other side. In San Francisco the Rev. Amos Brown, who leads the Third Baptist Church, one of the city’s largest African American congregations, spoke powerfully from the pulpit about the connections between the civil rights struggles of the 1960s and the fight for same-sex marriage.

The next time this is on the ballot, progressive and queer leaders will need to build a more broad-based movement. That is not only possible, but almost inevitable.

The good news — and it’s very good news — is that (as Newsom famously proclaimed) same-sex marriage is coming, whether opponents like it or not. That’s because the demographics can’t be denied: the vast majority of voters under 30 support same-sex marriage. This train is going in only one direction, and the last remaining issue is how, and when, to make the next political move.

The progressives didn’t win everything in San Francisco. Proposition H, the Clean Energy Act, was taken down by one of the most high-priced and misleading campaigns in the city’s history. Pacific Gas and Electric Co. spent more than $10 million telling lies about Prop. H, and with the daily newspapers virtually ignoring the measure and never challenging the utility’s claims, the measure went down.

“This was a big, big, big money race,” Latterman said. “In San Francisco, you spend $10 million and you’re going to beat just about anything.”

But activists aren’t giving up on pushing the city in the direction of more renewable energy (see Editorial).

Latterman said the narrow passage of Prop. V, which asked the school board to consider reinstating JROTC, wasn’t really a victory. “I would not call this a mandate. I worked with the campaign, and they weren’t looking for 53 percent. They were looking for 60-plus percent,” Latterman said. “I think you’ll see this issue just go away.”

Neither Latterman nor Clemens would speculate on who the next president of the Board of Supervisors will be, noting that there are just too many variables and options, including the possibility that a newly elected supervisor could seek that position.

At this point the obvious front-runner is Ross Mirkarimi, who not only won re-election but received more votes than any other candidate in any district. Based on results at press time, more than 23,000 people voted for Mirkarimi; Sean Elsbernd, who also had two opponents, received only about 19,000.

Mirkarimi worked hard to get Avalos, Chiu, and Mar elected, sending his own volunteers off to those districts. And with four new progressives elected to the board, joining Mirkarimi and veteran progressive Chris Daly, the progressives ought to retain the top job.

Daly tells us he won’t be a candidate — but he and Mirkarimi are not exactly close, and Daly will probably back someone else — possibly one of the newly elected supervisors.

“It’s going to be the most fascinating election that none of us will participate in,” Clemens said.

The danger, of course, is that the progressives will be unable to agree on a candidate — and a more moderate supervisor will wind up controlling committee appointments and the board agenda.

One of the most important elements of this election — and one that isn’t being discussed much — is the passage of three revenue-generating measures. Voters easily approved a higher real-estate transfer tax and a measure that closed a loophole allowing law firms and other partnerships to avoid the payroll tax. Progressives have tried to raise the transfer tax several times in the past, and have lost hard-fought campaigns.

That may mean that the anti-tax sentiment in the city has been eclipsed by the reality of the city’s devastating budget problems. And while Newsom didn’t do much to push the new tax measures, they will make his life much easier: the cuts the city will face won’t be as deep thanks to the additional $50 million or so in revenue.

It will still be a tough year for the new board. The mayor will push for cuts that the unions who supported the newly elected progressives will resist. A pivotal battle over the city’s future — the eastern neighborhoods rezoning plan — will come before the new board in the spring, when the recent arrivals will barely have had time to move into their offices.

Obama, of course, will face an even tougher spring. But progressives can at least face the future knowing that not only could it have been a lot worse; for once things might be about to get much better.

Amanda Witherell and Sarah Phelan contributed to this report.

The district supes — what happens now

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By Tim Redmond

It’s astonishing to me that in this modern age, San Francisco still can’t get the votes counted on election night. I understand that the Department of Elections was overwhelmed by absentee ballots, but if we’re becoming a vote-by-mail city — and it appears we are, since almost half the votes this time will be absentee — then we should be prepared for it. If that means extra DOE staff in the two weeks before Election Day to tally those votes and have them ready to go, then it’s worth doing.

Anyway, that’s not where we are; where we are is that 100,000 more votes still have to be counted, and DOE director John Arnst says that won’t be finished for a couple of weeks.

And then there’s the matter of ranked-choice voting. Arnst has decided not to even begin running the RCV program until Friday, so we won’t have even unofficial results until then.

But here’s how it looks right now:

In district one, Eric Mar has 42 percent of the vote, and his closest competitor, Sue Lee, is 10 points behind. Lee just narrowly edged Mar in the first round of absentees; she was ahead 33 percent to 32 percent. So even if there are 9000 absentees in this district, AND they split as pro-Lee as the early absentees did, Mar would still be far ahead. In order to make up the 1,700 vote margin, Lee would have to win about 60 percent of the remaining votes tha goe for her or Mar, which seems highly unlikely. And if Mar is above 40 percent and needs only 10 percent more from the second- and third-place votes, he’s in very good shape. I’d say this one is pretty darn close to over.

In district three, David Chiu has 39 percent of the vote and the next in line is Joe Alioto, with 23 percent. Chiu actually came in first in the absentees. No way Alioto makes that difference up. Same as D1 — this one’s pretty safe.

D4, Carmen Chu. Re-elected.
D5, Ross Mirkarimi. Re-elected
D7. Sean Elsbernd. Re-Elected.

In District 9, David Campos has 35 percent of the vote, Mark Sanchez 29 and Eric Quezada 21. The absentees won’t change much here; Campos won the early absentees, Sanchez was second. This will come down to the Quezada votes; if they break about even (a good guess) Campos takes it. They could break overwhelmingly for Sanchez, but that’s the only way this one changes, and I doubt it will happen.

District 11 is interesting. John Avalos has 30 percent, to 24 for Ahsha Safai. Avalos beat Safai in the absentees — but in that group of voters, Myrna Lim, now at 16 percent, came in second. That suggests a heavily Asian absentee vote, and if the trend holds, Lim could pick up some more votes (athough there’s no way she could come in first, which is a very good thing.) The question is how Lim’s second-place votes break, because this one is close enough that seconds and thirds could really matter. The Avalos supporters knew that going in, and worked hard to run an RCV campaign, to reach out to Lim backers and urge them to vote Avalos #2. If that worked, he’s in.

We’ll know a lot more on Friday, when the DOE runs its first pass at RCV. I don’t understand why we have to wait that long; the program is simple, and they could run it right now. But wait we will.

Mirkarimi,Obama Celebration at Rassela’s

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By Jeremy Spitz

From the scene at Rassela’s on Fillmore you might assume that the whole world, or at least the whole city, is celebrating tonight.

The party is ostensibly for the re-election of Supervisor Ross Mirkarimi in District 5 but I could not find him amid the loud, crowded rooms. Supervisor Mirkarimi’s victory was never really debated, and either way, a certain president-elect from Illinois stole the show.

It is truly a historic night here in San Francisco. Happy citizens of all races, creeds, and income brackets have come together…to dance. As I write this, a distinguished looking, white haired businessman is getting down on the dance floor with a woman who appears to be homeless.

It is truly a day of unity for the city. Party hard san Francisco, for tomorrow we go to work.

The Chron’s supervisors

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By Tim Remond

Interesting endorsements from the Chron.. I’m not surprised they gave Ross Mirkarimi the nod in D5; he has no real competition, and has done a great job in office from almost any perspective. But the nice words

he’s shown an ability to find common ground on many issues – and has pushed the mayor for more police foot patrols, authored a crackdown on rogue pot clubs and led efforts to ban plastic bags.

fit in with the Chron’s obvious bias in this election. Although Mirkarimi can push the political edge as well as anyone on the board (jeez, did the Chron even support the plastic-bag ban?), the daily paper lauds him for “an ability to find common ground.”

That seems to be why the Chron, which is typically in lock step with downtown’s agenda on local issues, chose Mark Sanchez, another Green, in D9. Sanchez, the paper says, has

proved to be a reasonable consensus builder as president of the Board of Education, and he’s promised to make civility and compromise a priority as supervisor.

I think civility is the word he used with us, and it’s a fine one (actually, I think all three of the D9 progressives can claim they’ll bring civility to the board). But what the Chron wants is “compromise,” which is a buzz word for getting along with, and not defying, the mayor.

It’s not exactly what I think of when I think of Sanchez, who as a progressive on the school board fought bitterly with Arlene Ackerman when she was school superintendent. And in fact, I just called Sanchez and he told me that “I didn’t use the word compromise.” But he did point out that he has a good relationship with the mayor on education issues, and that glimmer of hope was apparently enough for the Chron.

In D 11, the endorsement of Ahsha Safai comes as no surprise, but it’s a bit warped. The district, the Chron says,

needs an active leader who can work with other supervisors and City Hall figures.

(Who do you suppose those “other City Hall figures might be?)

The problem is that Safai has no real political experience and isn’t going to get along at all with the progressives on the board. He won’t even talk to us.

And in D3, Denise McCarthy gets the nod because

In facing a worsening city budget, she’s willing to consider the tough options of budget cuts and layoffs. Though her policy position put her on the left of the spectrum, she is open to other viewpoints and groups in this fractious corner of the city.

You see a pattern here?

The Chron wants people who will avoid fights and all play nicely with Newsom. That’s not what the legislative branch of government is supposed to do, particularly with a mayor who is so focused on running for governor that he isn’t spending much time running the city.

I’m not sure Sanchez is really going to be as willing to compromise as Chron seem to think… but then, I’m not sure the Chron endorsement means that much in D9.

Tom Ammiano and the Greens

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By Tim Redmond

I respect the Green Party. We’ve endorsed a lot of Greens, from Matt Gonzalez to Ross Mirkarimi to Medea Bejamin. We even endorsed Nader the first time around. In San Francisco, the Greens are doing the right thing — they’re running local candidates for local office and building a base that way before they get all agitated about statewide and national races.

And if the Green Party wants to take the position that it endorses only Greens and not Democrats in partisan races, that’s fine, too.

This fall, though, the Greens endorsed Mark Leno for state Senate, saying that

We are pleased that Mark Leno has represented our Key Values well in the State Assembly, and therefore we endorse him for a promotion to the State Senate.

Again, that’s fine — we endorsed Leno, too, and he’ll be a great state Senator and will do his best to promote the progressive values that the Greens and I share.

So why did the party decline to endorse Tom Ammiano for state Assembly?

I mean, with all due respect to Leno (and I mean that, sincerely), Ammiano has always been more a leftist than Leno, and closer to the Greens core values. Leno endorsed Gavin Newsom for mayor. He’s supported more moderate Democrats in a lot of races. That’s not to say he isn’t a good legislator and shouldn’t get the Green nod — but if he’s good enough for the Greens, then Ammiano sure ought to be.

The party’s take on Tom?

We are disappointed that Ammiano has not followed Supervisor Mirkarimi’s lead in pushing for a Green approach to improving law enforcement, particularly as Mission residents feel that City officials have overlooked growing concerns about crime and public safety. Ammiano has also taken an increasingly partisan tone in recent years, and may as a result be ineffective in passing progressive legislation in Sacramento.

Gimme a Green Fucking Break, folks. Ammiano has been right there with Mirkarimi on foot patrols, against the ICE crackdown on immigrants, for progressive approaches to crime — certainly as much as Leno has. And “too partisan?” I’ve never, ever heard the Greens argue that one before.

No, I think this is simple: Leno endorsed Mark Sanchez, a Green, for supervisor. Ammiano endorsed a Sanchez rival, David Campos. Both are qualified candidates for supervisor; it would be entirely appropriate and reasonable for any progressive to support either of them. Penalizing Ammiano for not supporting Sanchez makes no political sense.

It’s a silly thing to fight about because both Leno and Ammiano are going to win overwhelmingly anyway, and I have no right to tell the Greens what to do with their endorsements — but this just looks awful. It looks petty and yes, partisan, and frankly, drives a wedge between the Greens and the left wing of the local Democratic Party, which is the last thing we need.

Grow up, Greens.

The Clean Slate 2008

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>>CLICK HERE FOR OUR LIVE ELECTION NIGHT COVERAGE!

NATIONAL AND STATE RACES
President: Barack Obama
Congress, District 6: Lynn Woolsey
Congress, District 7: George Miller
Congress, District 8: Cindy Sheehan
Congress, District 13: Pete Stark
Superior Court, Seat 12: Gerardo Sandoval
State Senate, District 3: Mark Leno
State Senate, District 9: Loni Hancock
State Assembly, District 12: Fiona Ma
State Assembly, District 13: Tom Ammiano
State Assembly, District 14: Nancy Skinner

STATE PROPOSITIONS
Proposition 1A: YES, YES, YES
Proposition 2: YES
Proposition 3: NO
Proposition 4: NO, NO, NO
Proposition 5: YES
Proposition 6: NO, NO, NO
Proposition 7: NO
Proposition 8: NO, NO, NO
Proposition 9: NO, NO, NO
Proposition 10: NO
Proposition 11: NO
Proposition 12: YES

SAN FRANCISCO BOARD OF SUPERVISORS
District 1: Eric Mar
District 3: 1. David Chiu; 2. Denise McCarthy; 3. Tony Gantner
District 4: Dave Ferguson
District 5: Ross Mirkarimi
District 7: Sean Elsbernd
District 9: 1. David Campos; 2. Eric Quezada; 3. Mark Sanchez
District 11: 1. John Avalos; 2. Randy Knox; 3. Julio Ramos

BOARD OF EDUCATION
Sandra Fewer, Norman Yee, Barbara Lopez, Kimberly Wicoff

COMMUNITY COLLEGE BOARD
Milton Marks, Chris Jackson, Bruce Wolfe

BART BOARD OF DIRECTORS
District 7: Lynette Sweet
District 9: Tom Radulovich

SAN FRANCISCO MEASURES
Proposition A: YES, YES, YES
Proposition B: YES, YES, YES
Proposition C: NO
Proposition D: YES
Proposition E: YES
Proposition F: YES
Proposition G: YES
Proposition H: YES, YES, YES
Proposition I: NO
Proposition J: YES
Proposition K: YES
Proposition L: NO
Proposition M: YES
Proposition N: YES, YES, YES
Proposition O: YES, YES, YES
Proposition P: NO, NO, NO
Proposition Q: YES, YES, YES
Proposition R: NO
Proposition S: NO
Proposition T: YES
Proposition U: YES
Proposition V: NO, NO, NO

EAST BAY RACES
Alameda County Superior Court Judge, seat 9: Dennis Hayashi
Berkelely Mayor: Tom Bates

BERKELEY CITY COUNCIL
District 2: Darryl Moore
District 3: Max Anderson
District 4: Jesse Arreguin
District 5: Sophie Hahn
District 6: Phoebe Ann Sorgen

BERKELEY SCHOOL BOARD
John Selawksy
Beatriz Levya-Cutler

AC TRANSIT BOARD OF DIRECTORS
At-large: Chris Peeples
Ward 2: Greg Harper

EAST BAY MUNICIPAL UTILITY DISTRICT
Director, Ward 5: Doug Linney
Director, Ward 6: Bob Feinbaum

EAST BAY REGIONAL PARKS DISTRICT
Director, Ward 1: Norman LaForce

EAST BAY MEASURES
Berkeley Measure FF: YES
Berkeley Measure GG: YES
Berkeley Measure HH: YES
Berkeley Measure II: YES
Berkeley Measure JJ: YES
Berkeley Measure KK: NO
Berkeley Measure LL: NO

Oakland City Council (At Large): Rebecca Kaplan
Oakland Measure N: YES
Oakland Measure OO: YES

ALAMEDA COUNTY MEASURES
Measure VV: YES
Measure WW: YES

>>CLICK HERE FOR PRINTOUT VERSION.

>>READ OUR COMPLETE 2008 ENDORSEMENTS HERE.