State Assembly

I remember Harvey

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Toward the end of the supervisorial campaign in 1973, I got an intercom call from Nancy Destefanis, our advertising representative handling political ads. Hey, she said, I got a guy here by the name of Harvey Milk who is running for supervisor and I think you ought to talk to him.

Milk? I replied. How can anybody run for supervisor with the name of Milk?

Nancy laughed and said that wasn’t his big problem, it was that he was running as an openly gay candidate, but he had strong progressive positions and potential. Nancy, a former organizer for Cesar Chavez’ farm workers, was tough and savvy, and I always took her advice seriously. "Send him in," I said.

And so Harvey Milk came into my office, at the start of his political career, looking like a well-meaning amateur. He had a ponytail and mustache, wore Levi’s and a T-shirt, and talked breathlessly about his issues without a word about how he intended to win. His arguments were impressive, but he clearly was not ready for prime time. We gave him our "romantic" endorsement. He got 17,000 votes.

I also advised him, as diplomatically as I could, that if he wanted to be a serious candidate, he needed to clean up his act.

Two years later, Milk strode into the Guardian in a suit and tie as a serious candidate ready to win and lead. As our strong endorsement put it, "Now he’s playing politics for real: he’s shaved his mustache, is running hard in the voting areas of the Sunset, and has picked up a flock of seemingly disparate endorsements from SF Tomorrow, the Building and Trades Council, Teamsters (for his work on the Coors beer boycott) and the National Women’s Caucus." On policy, we said he "would put his business acumen to work dissecting the budget" and "would fight for higher parking taxes, no new downtown garages, a graduated real estate transfer tax, an end to tax exemptions for banks and insurance companies, dropping the vice squad from the police budget, and improved mental health care facilities." He couldn’t get enough votes citywide to win, but he came closer.

In 1976, Milk decided to run for a state Assembly seat against Art Agnos. We decided to go with Agnos, largely because he was familiar with Sacramento as an aide to former assemblyman Leo McCarthy and also because our political reporter covering the race, Jerry Roberts, said that Agnos was much better on Sacramento issues during the campaign. We decided that Agnos was right for Sacramento and that we needed Milk in San Francisco. I have often wondered if we had endorsed Milk, and he had won, if he would still be alive.

The next year, when the city shifted to district supervisorial elections, Milk won and became the first openly gay elected official in the country. He would always say, "I am not a gay supervisor, I am a supervisor who happens to be gay."

On the afternoon of Friday, Nov. 24, 1978, Milk dropped by to see me at the Guardian. He was a bit dejected. Things were getting tougher for him on the board. He was getting hassled by his friends and allies who were telling him, as he put it, "if you don’t vote for me on this one, I’m going to stop supporting you." He said he was going to press on, but from then on he was going to work more closely with the Guardian on legislation and on giving us information.

Then he smiled the famous Harvey Milk smile and said as he left my room, "I want to be your Deep Throat at City Hall."

Those were the last words I ever heard from Harvey Milk. He was assassinated three days later.

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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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.

Endorsements 2008: East Bay races and measures

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EAST BAY RACES

Alameda County Superior Court judge, Seat 9

DENNIS HAYASHI


A public interest lawyer with a focus on civil rights, Dennis Hayashi has worked for years with the Asian Law Caucus. He was co-counsel in the historic case that challenged Fred Korematsu’s conviction for refusing to report to a Japanese internment camp during World War II. He’s run the state’s Department of Fair Employment and Housing and was a civil rights lawyer in the Clinton administration. He has spent much of his life serving the public interest and would make a fine addition to the bench.

Berkeley mayor

TOM BATES


Tom Bates was a stellar member of the State Assembly once upon a time, and is seen in many quarters as a progressive icon in the East Bay. But he’s been a bit of a disappointment at times as mayor. He’s been dragging his feet on a Berkeley sunshine ordinance, he’s way too friendly with developers, and he helped gut the landmarks-preservation law. He’s supported some terrible candidates (like Gordon Wozniak).

Still, Bates has made some strides on workforce housing and on creating green jobs. He’s fought the University of California over its development plans. And he’s far, far better than his opponent, Shirley Dean.

Dean is even more pro-development than Bates. She’s terrible on tenant issues and won’t be able to work at all with the progressives on the council. We have reservations with Bates, but he’s the better choice.

Berkeley City Council

District 2

DARRYL MOORE


Moore came to the Berkeley City Council with a great track record. We endorsed him for this post in 2004, as did the Green Party. He supports instant-runoff voting and a sunshine ordinance. But he’s been awfully close to the developers and brags that he’s proud to have a high rating from the Berkeley Chamber of Commerce. His opponent, John Crowder, isn’t a serious contender, so we’ll go with Moore, with reservations.

District 3

MAX ANDERSON


Max Anderson is one of two real progressives on the council (the other is Kriss Worthington). Anderson, an ex-Marine, was one of the leaders in the battle against Marine recruitment in Berkeley and has been strong on environmental issues, particularly the fight against spraying the light brown apple moth. He deserves another term.

District 4

JESSE ARREGUIN


Dona Spring, who ably represented District 4 and was a strong progressive voice on the council, died in July, leaving a huge gap in Berkeley politics. The best choice to replace her is Jesse Arreguin, who currently works in the office of Councilmember Kriss Worthington.

Arreguin is the chair of the Rent Stabilization Board and has served on the Zoning Appeals Board and the Downtown Area Plan Advisory Committee, where he out-organized the moderates and pro-development sorts. He supports sustainable, community-based planning and would be an excellent addition to the council

District 5

SOPHIE HAHN


This is a fairly moderate district, and incumbent Laurie Capitelli is the clear favorite. But Capitelli has been terrible on development issues and is too willing to go along with the mayor on land use. Sophie Hahn, a lawyer, is a bit cautious (she didn’t like the city’s involvement in the Marine recruitment center battle), but she’s a strong environmentalist who’s pushing a more aggressive bicycle policy. And she’s a big supporter of local small businesses and wants to promote a "shop local" program in Berkeley. She’s the better choice.

District 6

PHOEBE ANN SORGEN


Incumbent Betty Olds — one of the most conservative members of the city council — is retiring, and she’s endorsed her council aide, Susan Wengraf, for the seat. It’s not a district that tends to elect progressives, and Wengraf, former president of the moderate (and often pro-landlord) Berkeley Democratic Club, is the odds-on favorite.

We’re supporting Phoebe Ann Sorgen, who is probably more progressive than the district and lacks experience in city politics but who is solid on the issues. A member of the Peace and Justice Commission and the KPFA board, she’s pushing alternative-fuel shuttles between the neighborhoods and is, like Sophie Hahn, a proponent of shop-local policies.

Berkeley School Board

JOHN SELAWSKY


BEATRIZ LEVYA-CUTLER


Incumbent John Selawsky has, by almost every account and by almost any standard, done a great job on the school board. He’s mixed progressive politics with fiscal discipline and helped pull the district out of a financial mess a few years back. He knows how to work with administrators, teachers, and neighbors. He richly deserves another term.

Beatriz Levya-Cutler is a parent of a Berkeley High School student and has run a nonprofit that provides preschool care and supplemental education to Berkeley kids. She has the support of everyone from Tom Bates to Kriss Worthington. We’ll endorse her too.

Berkeley Rent Board

NICOLE DRAKE


JACK HARRISON


JUDY SHELTON


JESSE TOWNLEY


IGOR TREGUB


The Berkeley left doesn’t always agree on everything, but there’s a pretty strong consensus in favor of this five-member slate for the Berkeley Rent Board. The five were nominated at an open convention, all have pledged to support tenant rights, and they will keep the board from losing it’s generally progressive slant.

Oakland City Council, at-large

REBECCA KAPLAN


Rebecca Kaplan, an AC Transit Board member, came in first in the June primary for this seat, well ahead of Kerry Hamill, but she fell short of 50 percent, so the two are in a runoff.

Hamill is the candidate of state Sen.(and East Bay kingmaker) Don Perata. Political committees with links to Perata have poured tens of thousands of dollars into a pro-Hamill campaign, and city council member Ignacio de la Fuente, a Perata ally, is raising money for Hamill too.

Kaplan is independent of the Perata political machine. She’s an energetic progressive with lots of good ideas — and a proven track record in office. While on the AC Transit Board, Kaplan pushed for free bus passes for low-income youths. When she decided she wanted the district to offer all-night transit service from San Francisco, she found a way to work with both her own board and the San Francisco Board of Supervisors to iron out the jurisdiction issues and get it done. Her platform calls for affordable housing, rational development, and effective community policing. She’s exactly the kind of candidate Oakland needs, and we’re happy to endorse her.

AC Transit Board of Directors

At large

CHRIS PEEPLES


Chris Peeples was appointed to an open seat in 1997, elected in 1998, and reelected in 2000 and 2004. A longtime advocate for public transit, and AC Transit bus service in particular, Peeples is a widely respected board member who helped secure free transit for lower-income youths and the current low-cost youth passes. Involved in the AC Bus Riders Union, Alliance for AC Transit, Regional Alliance for Transit, Alliance for Sensible Transit, Coalition for a One-Stop Terminal, and many other transit groups, Peeples has served on the Oakland Ethics Commission and is active in the meetings of the Transportation Research Board and the American Public Transportation Association.

Peeples was also involved in the mess that was the Van Hool bus contract, in which AC Transit bought buses from a Belgian company that were poorly designed and had to be changed. Joyce Roy, who is well known in the East Bay for her lawsuit against the Oak to Ninth proposed development and her participation in the ensuing referendum effort, is challenging Peeples because of his support of the Van Hool buses. A retired architect and local public transit advocate, Roy lost the 2004 race for the AC Transit Board, Ward 2, post to current incumbent Greg Harper. But now she is running a stronger race because she has the support of the drivers and passengers, especially the seniors and the disabled, who find these buses uncomfortable and unsafe.

But given Peeples’s long history and generally good record, we’ll endorse him for another term.

Ward 2

GREG HARPER


An East Bay attorney and former Emeryville mayor, Greg Harper was elected in November 2000 and reelected in 2004 to represent Ward 2. Harper appears committed to ridership growth and has become increasingly critical of the district’s attempts to increase fares, not to mention the much maligned decision to purchase Van Hool buses. Harper is in favor of Bus Rapid Transit (BRT) and has a strong record of listening and being responsive to community concerns. He has said that if Berkeley votes to stop BRT-dedicated lanes, he’d only try to implement BRT in his district, if its makes sense.

East Bay Municipal Utility District

Director, Ward 5

DOUG LINNEY


With the East Bay falling short of targeted water savings, it’s increasingly vital that voters elect environmentally conscious EBMUD directors. Doug Linney fits the bill. First elected in 2002 and reelected in 2004, Linney is a solid progressive. Opposed to reservoir expansion, Linney wants to promote water conservation and is open to groundwater storage and water transfers, but only if no environmental damage is done.

Director, Ward 6

BOB FEINBAUM


Incumbent William Patterson has supported dam and reservoir expansion, groundwater storage, wastewater recycling, and desalinization. He has opposed large water transfers from agricultural districts and rate changes that would promote conservation.

His opponent, Bob Feinbaum, is a solid environmentalist who supports water transfers, opposes desalinization and reservoir expansion, and offers promising and sustainable ideas in terms of managing the drought that include setting fair rates for big users and protecting low-income users. He deserves support.

East Bay Regional Parks District

Director, Ward 1

NORMAN LA FORCE


A longtime environmental advocate, Norman La Force has shown a commitment to expanding and preserving parks and open space and tenacity in balancing the public’s desire for recreational facilities and the need for habitat protection for wildlife. We’re happy to endorse him for this office.

EAST BAY MEASURES

Berkeley Measure FF

Library bonds

YES


Measure FF would authorize $26 million in bonds to improve and bring up to code branch libraries in a city where the branches get heavy use and are a crucial part of the neighborhoods. Vote yes.

Berkeley Measure GG

Emergency medical response tax

YES


A proposed tiny tax on improvements in residential and commercial property would fund emergency medical response and disaster preparedness. Vote yes.

Berkeley Measure HH

Park taxes

YES


A legal technicality, Measure HH allows the city to raise the limit on spending so it can allocate taxes that have already been approved to pay for parks, libraries, and other key services.

Berkeley Measure II

Redistricting schedule

YES


This noncontroversial measure would give the city an additional year after the decennial census is completed to finish work on drawing new council districts. After the 2000 census, which undercounted urban populations, Berkeley (and other cities) had to fight to get the numbers adjusted, and that pushed the city up against a statutory limit for redistricting. Measure II would allow a bit more flexibility if, once again, the census numbers are hinky.

Berkeley Measure JJ

Medical marijuana zoning

YES


Berkeley law allows for only three medical marijuana clinics, and this wouldn’t change that limit. But Measure JJ would make pot clinics a defined and permitted use under local zoning laws. Since it’s hard — sometimes almost impossible — to find a site for a pot club now, this measure would allow existing clinics to stay in business if they have to move. Vote yes.

Berkeley Measure KK

Repealing bus-only lanes

NO


Yes, there are problems with the bus-only lanes in Berkeley (they don’t connect to the ferries, for example), but the idea is right. Measure KK would mandate voter approval of all new transit lanes; that’s crazy and would make it much harder for the city to create what most planners agree are essential new modes of public transit. Vote no.

Berkeley Measure LL

Landmarks preservation

NO


Developers in Berkeley (and, sad to say, Mayor Tom Bates) see the Landmarks Preservation Commission as an obstacle to development, and they want to limit its powers. This is a referendum on the mayor’s new rules; if you vote no, you preserve the ability of the landmarks board to protect property from development.

Oakland Measure N

School tax

YES


This is a parcel tax to fund Oakland public schools. San Francisco just passed a similar measure, aimed at providing better pay for teachers. Parcel taxes aren’t the most progressive money source — people who own modest homes pay the same per parcel as the owners of posh commercial buildings — but given the lack of funding choices in California today, Measure N is a decent way to pay for better school programs. Vote yes.

Oakland Measure OO

Children and youth services

YES


This is a set-aside to fund children and youth services. We’re always wary about set-asides, but kids are a special case: children can’t vote, and services for young people are often tossed aside in the budget process. San Francisco’s version of this law has worked well. Vote yes.

ALAMEDA COUNTY MEASURES

Measure VV

AC Transit parcel tax

YES


In face of rising fuel costs and cuts in state funding, AC Transit wants to increase local funding to avoid fare increases and service cuts. Measure VV seeks to authorize an annual special parcel tax of $96 per year for 10 years, starting in 2009.

The money is intended for the operation and maintenance of the bus service. Two-thirds voter approval is needed. If passed, a community oversight committee would monitor how the money is being spent.

The measure has the support of the Sierra Club’s San Francisco Bay Chapter and the League of Women Voters.

Measure WW

Extension of existing East Bay Park District bond

YES


The East Bay Regional Park District operates 65 regional parks and more than a thousand miles of trails. It’s an amazing system and a wonderful resource for local residents. But the district needs ongoing sources of money to keep this system in good shape. Measure WW would reauthorize an existing East Bay Park District bond. This means that the owner of a $500,000 home would continue to pay $50 a year for the next 20 years.

One quarter of the monies raised would go to cities, special park and recreation districts, and county service areas. The remaining 75 percent would go toward park acquisitions and capital projects. The bonds constitute a moderate burden on property owners but seem like a small price to ensure access to open space for people of all economic backgrounds. Vote yes.

>>More Guardian Endorsements 2008

Endorsements 2008: National and state races

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NATIONAL RACES

President

BARACK OBAMA


This is the most important presidential election of our lives.

The nation is in a state of political and financial meltdown. The war in Iraq drags on, sucking money out of the US Treasury and costing more and more lives. The gap between the rich and the poor has risen to unsustainable levels, global warming threatens to permanently alter the ecology of the globe … and all the Republican candidate offers is more of the same. It’s scary.

The Democrat we proudly endorsed in the California primary isn’t the exact same candidate who’s trying to get elected president today. Barack Obama, like just about all Democrats at this stage of a campaign, has moved a bit to the right. He supported the $700 million Wall Street bailout that’s essentially a huge giveaway to the same people who caused the problem. He talks about promoting "safe nuclear energy" and "clean coal" — oxymora if there ever were any.

Back in February, we noted that "our biggest problem with Obama is that he talks as if all the nation needs to do is come together in some sort of grand coalition of Democrats and Republicans, of ‘blue states and red states.’ But some of us have no interest in making common cause with the religious right or Dick Cheney or Halliburton or Don Fisher. There are forces and interests in the United States that need to be opposed, defeated, consigned to the dustbin of history, and for all of Obama’s talk of unity, we worry that he lacks the interest in or ability to take on a tough, bloody fight against an entrenched political foe."

But Obama remains one of the most inspirational candidates for high office we’ve ever seen. He’s energized a generation of young voters, he’s electrified communities of color, and he’s given millions of Americans a chance to hope that Washington can once again be a friend, not an enemy, to progressive values at home and abroad.

His tax proposals are pretty good. He’s always been against the war. His health care plan isn’t perfect, but it’s at least a step toward universal coverage.

And frankly, the nation can’t afford another four years of Bush-style policies.

The election is a turning point for the United States. It’s about a movement that can change the direction of the country; it’s about mobilizing people in large numbers to reject the failed right-wing policies of Bush and the Republican Party. We’re pleased to endorse Barack Obama as the standard-bearer of that movement.

Congress, District 6

LYNN WOOLSEY


Lynn Woolsey comes from the more moderate suburbs, and she’s far better than Nancy Pelosi, who represents liberal San Francisco. Just look at the bailout: Pelosi wants to prop up the Wall Street banks, and Woolsey wanted to fund any bailout with a modest tax on risky financial instruments. Woolsey richly deserves reelection.

Congress, District 7

GEORGE MILLER


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

Congress District 8

CINDY SHEEHAN


The antiwar leader and Gold Star mom who put George Bush on the defensive is at best a long shot to unseat the Speaker of the House. Cindy Sheehan has only recently moved to the district, has no local political experience, and is taking on one of the most powerful politicians in the United States.

But we can’t endorse Nancy Pelosi, who has consistently supported funding the war (and has refused to meet with antiwar protesters camped out in front of her house). Pelosi pushed the Wall Street bailout and privatized the Presidio.

Sheehan wants a fast withdrawal from Iraq, opposes any bailout for the big financial institutions, and is a voice against business as usual in Congress. This is a protest vote, but a valid one.

Congress, District 13

PETE STARK


After 32 years, Pete Stark has become in some ways the most radical member of the Bay Area congressional delegation. He’s furious with the war and shows no patience for the Bush administration’s nonsense. He is the only member of Congress who admits he’s an atheist. We just hope he doesn’t decide to retire any time soon.

NONPARTISAN OFFICES

Superior Court, Seat 12

GERARDO SANDOVAL


It’s unusual to see contested races for judge in San Francisco. Most of the time, incumbents retire midterm to allow the governor to appoint a replacement, and almost nobody ever challenges a sitting judge. So the San Francisco bench has been shaped more by Republican governors than by the overwhelmingly Democratic electorate.

So we were pleased to see Gerardo Sandoval, a termed-out supervisor and former public defender, file to run against Judge Thomas Mellon. A conservative Republican appointed by Gov. Pete Wilson in 1994, Mellon has a lackluster record, at best. California Courts and Judges, a legal journal, calls him unreasonable and cantankerous. In 2000, the San Francisco Public Defender’s Office sought to have him removed from all criminal cases because of his anti-defendant bias. He needed a challenge, and he’s got one: in the June primary, Sandoval came in well ahead, but because there were three candidates, this contest has gone to a November runoff.

Sandoval has been a generally progressive member of the Board of Supervisors, although we were critical of some of his votes. But he would bring the perspective of a public defender to a bench dominated by former prosecutors and big-firm civil lawyers. Vote for Sandoval.

STATE RACES

State Senate, District 3

MARK LENO


The drama in this race took place back in June, when Leno beat incumbent Carole Migden and former Marin Assemblymember Joe Nation in the Democratic primary. Like most Bay Area Democrats, he’s a shoo-in for the general election. But it’s worth noting that Leno has an extensive record in the Assembly and has demonstrated an ability to get things done. Long before the Supreme Court made same-sex marriage the law of the state, Leno got both houses of the Legislature to approve marriage equality bills (which the governor then vetoed). He got the Ellis Act, that terrible law that allows landlords to evict all their tenants and sell their buildings as condos, amended to protect seniors and disabled people. And while we were worried in the spring that Leno might be too close to Mayor Newsom when it came to local endorsements, he’s shown both independence and progressive leanings. He has been a strong, visible and effective backer of Prop. H, the Clean Energy Act and has endorsed Mark Sanchez for supervisor in District 9, breaking with Newsom (and the moderates) who backed Eva Royale. We expect Leno will go on to a stellar record in the state Senate and we’re happy to endorse him.

State Senate, District 9

LONI HANCOCK


A part of Berkeley politics since she first ran successfully for city council in 1971, Lori Hancock has spent the past six years in the State Assembly. She defeated Wilma Chan in a heated primary for this State Senate seat and faces little opposition in November. She’s one of the most experienced progressives in California and has a solid grip on the state’s budget issues. We wish she wasn’t so willing to back more moderate candidates for local office, but we’re happy to see her move up to the senate.

State Assembly, District 12

FIONA MA


Fiona Ma has been a pleasant surprise. We didn’t support her for this post two years ago, but she’s become a leading advocate of high-speed rail, a foe of plans to privatize the Cow Palace, and a visible, out-front backer of the Clean Energy Act. We hope she continues to evolve into a progressive leader in Sacramento.

State Assembly, District 13

TOM AMMIANO


The only problem with Tom Ammiano moving up to Sacramento is that we’ll miss his presence at City Hall. Ammiano’s record is stellar — although he was once nearly a lone voice for progressives on the Board of Supervisors, he’s become one of its most effective members, with a long list of groundbreaking legislation. Ammiano authored the city’s domestic partners law. He created Healthy San Francisco, the universal health care program. He sponsored the 2001 and 2002 public power measures. He created the Children’s Fund and the Rainy Day Fund, which is now saving programs in the public schools.

He’s also responsible — as much as any one person ever can be — for dramatically changing the climate of San Francisco politics. Ammiano’s 1999 mayoral challenge to incumbent Willie Brown brought the progressives together in ways we hadn’t seen in years, and the district-elections measure Ammiano authored brought a completely new Board of Supervisors into office a year later.

We’re happy to see Ammiano move on to Sacramento.

State Assembly, District 14

NANCY SKINNER


Nancy Skinner won the June primary for this seat, and while we supported her opponent, Kriss Worthington, we acknowledged that she would make an excellent assembly member. Skinner has plenty of experience: she was on the Berkeley City Council from 1984 to 1992 and has founded and run a nonprofit that helps cities establish sustainable environmental policies. She understands state budget issues, is a strong advocate for education, and will hit the ground running.

>>More Guardian Endorsements 2008

Editor’s Notes

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› tredmond@sfbg.com

Way back in the 1980s, when Willie Brown was the untouchable speaker of the State Assembly and by all accounts the second most powerful politician in California, he came to an event at the San Francisco Press Club and gave a few dozen reporters a lesson in how to defeat a ballot measure. I’ll never forget it.

A group of reformers — some Republicans, many unhappy with Brown’s leadership — placed a measure before the voters that would have taken the power of drawing legislative districts away from the State Legislature and given it to a panel of retired judges. The Democratic leadership, which had used its redistricting power with shameless brilliance to create safe seats for Democrats, wanted to kill the proposition, but polls showed it passing by a good margin.

So Brown went to the notorious Los Angeles political consulting firm of Berman and D’Agostino (a.k.a. BAD Campaigns). "And they told me," Brown announced to the audience, "that any piece of legislation has something in it that can be used to upset and confuse the voters. You just have to find the fatal flaw."

So the BAD boys decided to run against the judges. Brown turned on a TV his aides had set up and showed the reporters a series of TV ads. None mentioned redistricting. They didn’t mention the legislature. They didn’t give you any idea what the ballot measure was about. Instead they featured a bunch of shadowy figures in black robes, raising their right hands and swearing to uphold party loyalty. "Judges belong in the courtroom, not the back room," an ominous-sounding voice-over said.

Thanks to the grossly misleading ads — and Brown’s ability to raise millions to blanket the airwaves with them — the redistricting plan was defeated. Brown was positively gleeful about it.

I keep thinking about that when I watch the cable-TV ads against Proposition H. The ads feature a series of people — Hunter Stern, who works for PG&E’s house union; John Hanley of the SF Firefighters Union; and Sup. Carmen Chu, who has become a wholly owned subsidiary of PG&E — talking about losing the right to vote on revenue bonds.

Nobody ever votes on revenue bonds. In California, we vote on general obligation bonds, which are backed by taxpayers. Revenue bonds are backed by a defined revenue stream; airports, ports, and other agencies issue them all the time.

And none of this has much to do with the substance of Prop. H, the Clean Energy Act, which sets renewable energy goals and calls for a study of the city’s energy options. Yes, Prop. H would allow the city to sell revenue bonds for new energy facilities — but the city issues revenue bonds (without a vote of the people) for all sorts of enterprise projects.

So what happened here is that Eric Jaye, PG&E’s political consultant, realized that the Clean Energy Act was polling well and looked for something he could use as a fatal flaw. Like the judge in the back room. He settled on the revenue bonds, manufactured a right that doesn’t exist, and pretended that Prop. H would take it away.

I’m sure Willie Brown — who collected $200,000 in legal fees from PG&E last year — is proud. *

Newsom: a hands free honeymoon

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Today’s Ammianoliner:

Mayor brings cell phone on hands free honeymoon.

(From the home telephone answering machine of Sup.
Tom Ammiano, running unopposed for the state assembly, on Wednesday, Aug. 6, 2008.) B3

Bad grades

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› gwschulz@sfbg.com

A much-anticipated audit of City College of San Francisco’s spending of bond money finds that school officials promised voters more than they could possibly deliver and then didn’t allow proper oversight of hundreds of millions of dollars in public funds.

A minority faction on City College’s Board of Trustees has for years sought a performance audit of the school’s bond projects, which includes $441.3 million authorized by voters during elections in 2001 and 2005. The audit by Sacramento-based MGT of America was released June 4.

The faction, led in large part by longtime trustee Milton Marks, often publicly quarreled with former Chancellor Phil Day over the matter, arguing that Prop. 39, a state ballot measure that passed in 2000 and made it easier for school districts to get voter approval for bond financing, legally required full annual performance audits of its capital spending on new classrooms, laboratories, a gymnasium, and a performing arts center.

But school administrators denied they were necessary or claimed that the cursory, more limited financial audits done each year met the legal mandate. Pressure on Day’s administration finally became insurmountable last year as San Francisco’s District 12 state Assembly Member Fiona Ma began threatening to have the state conduct its own audit, offering deeper scrutiny and wider disclosure than City College officials were perhaps prepared to stomach.

"My overall feeling is that we appreciate their efforts, accept their findings, and will implement all of the recommendations," a conciliatory Vice Chancellor Peter Goldstein told the Guardian in response to the report.

While mostly mild in its language, the audit shows that the school may have violated state law by granting several small contracts to the same construction companies so City College could avoid the headache of competitive bidding.

The state’s Public Contract Code requires that projects costing more than $15,000 go to the lowest responsible bidder through a competitive process, a provision designed to save money for taxpayers. But between 2005 and 2006, the community college entered into seven separate no-bid contracts with one construction firm totaling $83,545 for work at its Cloud Hall facility on Ocean Avenue.

"It’s unfortunate that two of the project managers were not aware or did not appreciate the importance of that rule," Goldstein said. "They’ve been counseled and we don’t expect to have any more occurrences of that type."

The auditors found "similar multiple contracts" — totaling less than $100,000, Goldstein said — where the work should have been combined into one larger contract and approved by the school’s independently elected Board of Trustees.

The audit reserved special criticism for a bond oversight committee required by Prop. 39 to watchdog the school’s capital spending. The Guardian reported last year that such committees in other districts, for example, West Contra Costa County routinely received full performance audits and met more often than City College’s oversight committee (See "Who’s following the money?", 07/10/07).

But the group of citizens here, which includes San Francisco Treasurer José Cisneros and former San Francisco Chronicle publisher Steve Falk, who’s now head of the San Francisco Chamber of Commerce, has done far less than what the law asks it to do.

The report says that one oversight committee member, who goes unnamed, told the auditors that it wasn’t the committee’s responsibility to determine how City College actually spends the funds. The auditors also watched former Chancellor Day tell the committee at a January meeting that its reach was limited solely to ensuring that City College complied with certain provisions of the state’s Constitution.

That turned out to be totally untrue. "The intent of this law is to provide a broad oversight role for the committees, thereby encouraging cost-effective use of bond funds," the report states.

"Many of these things that are in the report are things that people on the board have been saying all along," Trustee Marks said. "We really shouldn’t have had to spend $250,000 for someone on the outside to tell us this."

The original estimate for all of City College’s ambitious bond projects amounted to about $539.7 million, and the school has offset many of those costs by securing tens of millions of dollars in matching funds from the state. But as of January, the total cost has ballooned to $968 million. Last year the Guardian reported that the school gutted several projects promised to voters by "reallocating" roughly $130 million from their budgets to save other projects suffering from skyrocketing cost overruns (See "The City College shell game," 07/03/07).

Trustee John Rizzo, who joined Marks in asking for an audit, said he wished the report had done more to explain why many of the projects were poorly planned, leading to millions of dollars in higher costs. He cited as examples the new Mission Campus and a health and wellness center for athletes.

Rizzo told us, "Just from what contractors say and what staff has been reporting, that still needs to be looked at."

San Francisco, meet Joe Nation

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OPINION How would you like to be represented by someone who flacks for the insurance industry, serves real estate developers and landlords with zeal, opposes consumer privacy, and is a role model for corporate Democrats with a firm allegiance to big business?

You wouldn’t know it from the vague aura of his slick ads, but Joe Nation is hoping to be that someone in the state Senate. He’s the third candidate in the hotly contested race that includes two stalwart progressive politicians — incumbent Senator Carole Migden and Assemblymember Mark Leno.

Nation jumped into the Senate race in the 3rd District just three months ago. He’s trying to win in a sprawling district that includes half of San Francisco along with all of Marin and parts of Sonoma County. And he could pull it off.

The real danger of a Nation victory hasn’t been apparent to many San Francisco voters. Eyes have been mostly focused on the Leno-Migden battle, and Nation has never been on the ballot in the city before. But those of us who live in North Bay are all too familiar with Joe Nation.

When Nation’s campaign Web site trumpets him as an "advocate for universal health care," the phrasing is typical of his evasive PR approach. While in the state Assembly, Nation pushed for legislation that would force consumers and taxpayers to subsidize the health insurance industry. Meanwhile, he continues to oppose a single-payer system that would guarantee publicly financed health care for all in California.

Likewise, Nation leaves out key information when he calls himself an "international expert on climate change" for an "environmental consulting firm," ENVIRON International. He’s not eager to disclose that much of his work at the firm is for Coca-Cola, which excels at greenwashing its image to obscure its dubious environmental record.

In the Legislature, where he supported charter schools, Nation was problematic on public education. He earned distrust from the California Teachers Association and the California Federation of Teachers, both of which endorsed Leno in the Senate race.

When lawmaker Jackie Speier put forward a tough bill to safeguard consumer information rather than allowing financial institutions to sell it to the likes of telemarketers, Nation worked to undermine the legislation.

In 2006, nearing the end of his six corporate-friendly years in the state Assembly, Nation launched a Democratic primary challenge to US Rep. Lynn Woolsey — who has strong support in the North Bay congressional district because of her courageous leadership against the Iraq war and for a wide range of progressive causes. Nation attacked her from the right. She trounced him on Election Day.

Nation’s long record of siding with powerful economic players inspired the San Francisco Apartment Association and other landlord groups to throw a big fundraiser for his Senate campaign a couple of weeks ago. To big-check donors with an anti-renter agenda, plunking down money for Nation is a smart investment.

Independent polls now show a close race between Nation and Leno, with Migden a distant third. As a practical matter, the way for progressive voters to prevent Joe Nation from winning the state Senate seat is to vote for Mark Leno. *

Norman Solomon is the author of many books, including War Made Easy: How Presidents and Pundits Keep Spinning Us to Death (Wiley, 2005).

Cow tipping in Daly City

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› gwschulz@sfbg.com

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Endorsements

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

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

National races

Congress, District 6

LYNN WOOLSEY


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

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

Congress, District 7

GEORGE MILLER


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

Congress, District 8

NO ENDORSEMENT


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

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

Congress, District 13

PETE STARK


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

Nonpartisan offices

Superior Court, Seat 12

GERARDO SANDOVAL


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

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

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

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

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

State races and propositions

State Senate, District 3

MARK LENO


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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

State Senate, District 9

LONI HANCOCK


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

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

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

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

State Assembly, District 12

FIONA MA


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

State Assembly, District 13

TOM AMMIANO


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

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

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

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

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

State Assembly, District 14

KRISS WORTHINGTON


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

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

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

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

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

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

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

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

State ballot measures

Proposition 98

Abolition of rent control

NO, NO, NO


Proposition 99

Eminent domain reforms

YES, YES, YES


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

"We hate 98, but 99 is fine."

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

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

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

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

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

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

San Francisco measures

Proposition A

School parcel tax

YES, YES, YES


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

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

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

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

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

Proposition B

City retiree benefits change

YES


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

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

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

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

Proposition C

Benefit denials for convicts

NO


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

But there are drawbacks this measure.

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

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

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

Proposition D

Appointments to city commissions

YES


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

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

Vote yes.

Proposition E

Board approval of San Francisco Public Utilities Commission appointees

YES


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

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

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

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

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

Proposition F

Hunters Point-Bayview redevelopment

YES


Proposition G

NO


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

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

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

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

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

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

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

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

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

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

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

But there’s an alternative.

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

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

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

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

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

Vote yes on F and no on G.

Proposition H

Campaign committees

NO


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

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

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

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

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

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

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

San Francisco Democratic County Central Committee

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

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

13th Assembly District

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

12th Assembly District

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

Alameda County races

Superior Court judge, Seat 21

VICTORIA KOLAKOWSKI


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

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

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

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

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

Board of Supervisors, District 5

KEITH CARSON


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

Oakland races

City Attorney

JOHN RUSSO


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

City Council, District 1

JANE BRUNNER


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

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

City Council, District 3

NANCY NADEL


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

City Council, District 5

MARIO JUAREZ


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

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

City Council, District 7

CLIFFORD GILMORE


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

City Council, at large

REBECCA KAPLAN


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

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

Vote for Rebecca Kaplan.

School Board, District 1

JODY LONDON


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

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

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

School Board, District 3

OLUBEMIGA OLUWOLE, SR.


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

School Board, District 5

NOEL GALLO


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

School Board, District 7

ALICE SPEARMAN


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

Alameda County measures

Measure F

Utility users tax

YES


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

Oakland Measure J

Telephone-user tax

YES


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

Migden sues the FPPC

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› jesse@sfbg.com

Barack Obama and Hillary Clinton aren’t the only Democrats beating each other up this campaign season. The race for California’s third senate district has turned into a nasty three-way donnybrook, with incumbent Carole Migden fighting for her political life against San Francisco Assemblymember Mark Leno and former North Bay Assemblymember Joe Nation.

Now, to save her campaign from possible financial ruin, Migden has taken on yet another adversary: state campaign finance regulators.

On March 3, in a stunning move, Migden filed a lawsuit in federal court against the Fair Political Practices Commission, challenging its decision to strip her of nearly $1 million in campaign funds. A hearing is scheduled for April 1.

If Migden loses, it could leave her with very little money to spend in the heat of an expensive primary battle — a situation that might seriously hurt her chances for reelection.

"This lawsuit is very unusual," government scholar and former FPPC general counsel Bob Stern told the Guardian. "I can’t remember the last time a legislator sued the FPPC. Usually it’s the other way around."

Last October, after several months of investigation, the FPPC barred Migden from accessing $997,340.28 in her reelection accounts. She had transferred the cash to her current campaign from an account dating back to her days in the State Assembly. California’s "surplus funds" law, which Migden’s suit seeks to overturn, says public officials running for a new office must move old campaign funds into new accounts before they leave their original office. Migden did not move the money until October 2006, four years after she left the assembly.

After it was filed in the federal court for the Eastern District of California, the senator’s lawsuit provoked an angry response from the commission’s chair, Ross Johnson. In a statement, he said Migden was attempting to "bully" and "distract" the FPPC. Johnson, who pledged to "enforce the law," also asserted that Migden had already spent "nearly $400,000" from her assembly campaign. That could mean big trouble for the senator: by law, she might be liable for up to three times that amount in penalties, as well as additional fines. In recent weeks, FPPC commissioners have met several times in closed session to discuss an unnamed matter that many observers guessed was her case.

Last week, the commissioners met in secret again — and after they adjourned, they disclosed that they were in fact consulting with their attorneys about Migden. Given their actions both before and after the senator filed her suit, the buzz around Sacramento was that it was only a matter of time before the regulators started formal proceedings against her.

By beating them to the punch and challenging the law in the federal system, Migden may be trying to head off disaster. Polls show her currently running third behind Nation and Leno. In such a tight race, a large fine would cripple her campaign. And even if the FPPC didn’t choose to fine her, she still desperately needs the cash that they forbade her from spending — not just for the election, but also for a slough of legal expenses she’s racked up defending herself against regulators. As the text of her lawsuit states, her lost assembly funds, "could well make the difference in the June primary election."

Migden’s lawyer, James Harrison, called her campaign’s failure to properly transfer the money from her assembly accounts "a technical glitch" caused by a volunteer staffer. Why the senator would trust a volunteer to make sure such a huge sum of money was moved legally from one account to another has people in and around the capital scratching their heads.

"It’s mind-boggling to me," Stern said. "This is an awful lot of money to entrust to a volunteer. How long has she been in the Legislature?"

Migden told us by phone that at the end of 2006, after she was fined nearly $100,000 for other violations by the FPPC, she initiated a "top-to-bottom audit" of her finances. During the audit, she said, "We discovered that we had problems that exceeded the [abilities] of volunteer staff, so we brought in experts." Migden herself is now listed as the treasurer of her reelection campaign committee as well as her legal defense fund. But these staffing changes, she said, came after the assembly money had been transferred.

Whether or not the faulty funds transfer was caused by an innocent mistake, Migden is taking huge political as well as legal risks by challenging state law in federal court. Her lawsuit cites a controversial 1976 Supreme Court case, Buckley v. Valeo, which holds that the First Amendment’s right to free speech protects political campaign expenditures. That decision has been used by many — mostly conservative — opponents of campaign finance reform. In other words, Migden, a liberal lawmaker in one of the most liberal districts in the state, finds herself arguing from a conservative viewpoint against a key campaign finance law. Moreover, Migden publicly supported a 2000 ballot initiative, Proposition 34, which reaffirmed the surplus funds statute — the very law she now says is unconstitutional.

Reached by phone, her opponent Leno pounced on Migden’s apparent flip-flop on the law she is now challenging. "She never suggested that the [surplus funds] law was unconstitutional prior to breaking it. I wasn’t aware that as citizens or lawmakers, we got to pick and choose which laws we follow."

Migden would not address the matter of Proposition 34 with us. "The funds ought to be available to communicate with voters," she argued. "It’s a constitutional protection … whatever we did was lawful, we believe, and therefore we’re asking for a court decision."

For Stern, Migden’s gambit shows that she has nothing left to lose anymore. "It’s obvious that she needs this money desperately because [the lawsuit is] not good press…. She’s probably not going to win [in court], but there’s so much at stake, I can understand why she’s doing it."

Rally Against Pink Slips

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Hundreds of people– teachers, administrators, school staff, parents, children, union members, state and city officials– gathered in front of the State Building at McAllister and Van Ness, to demand job security for educators and to put education at the top of California’s priority list.
Governor Schwarzenegger’s 2008-09 budget proposes a $4.8 billion cut in state education funds. This would create a $40 million deficit for the San Francisco Unified School District and, in anticipation, the City’s Board of Education sent out 535 pink slips to administrators and certified teachers this week. Paraprofessionals and support staff wait in limbo to learn how many of their positions are on the chopping block.
Organization and activism were in full effect at the rally: participants wore pink clothes, and carried pink balloons and signs to flaunt their opposition to termination notices; letters were written to Schwarzenegger; people carried signs reading ‘Sell a Hummer, Fund a School’ and ‘Terminate the Terminator’; chants of ‘Books Not Bombs!’ rang out; car horns blared in support.
Superintendent Carlos Garcia, who was in Sacramento yesterday with 100 state superintendents and 60 City principals to speak out against the cuts, displayed an oversized pink slip addressed to Arnold, and incited the crowd with the statement, “The fight is just starting…let’s keep the fight going!”
A number of local politicians offered words of outrage towards Schwarzenegger, as well as support of educators. Mayor Gavin Newson stated, “It goes without saying that we are opposed to the governor’s cuts.” He added that the city is not going to sit back and wait for the state to solve its woes, noting “There’s a $40 million problem, but we have a $30 million solution in our back pocket.” This refers to the City’s current $122 million rainy day fund that would divert 25% one-time infusion to SFUSD during a crisis.
State Assembly members Mark Leno and Fiona Ma also spoke. Both made specific mention of a bill, to be introduced tomorrow by Democrats in Sacramento, proposing a 6% severance tax on oil production in the state, as well as well as a 2% windfall profits tax on oil companies that could create $1.2 billion in funds to mitigate budget cuts. State Senator Carole Midgen vowed “We will never let them cut our schools”, and Supervisor Ross Mirkarimi called this endeavor a “Fight against the lack of common sense” of the Governor.
The stars of the day were the teachers, and one who received a pink slip is Tara Ramos. She is a second year probationary teacher of Spanish in 4th and 5th grades at Paul Revere Elementary in Bernal Heights. Revere is one of eight Dream Schools in SFUSD, which face especially rigorous standards in the No Child Left Behind era because a majority of students are at-risk, non-native speakers, and low proficiency.
Ramos said, “100% of the staff told the principal they want to come back,” in a recent staff meeting, yet 21 of 30 certified teachers got served notices this week, and many paraprofessionals have job insecurity.
While explaining the ‘Program Improvement’ requirements of NCLB–where standardized test scores are analyzed by factors such as race–Ramos stated, “Look at our population of kids at Paul Revere…the number of white kids you can count on one hand.” The irony of the whole situation is not lost on her or her colleagues: the tough schools that are full of young teachers face the most uncertainty; layoffs and rehirings create a cyle of shortages and voids; teachers are under constant scrutiny to raise test scores, and now have to worry about their jobs.
“It’s not fair,” Ramos said adamantly. Yet, her priority remains the children. “I’m not so worried about my job. I’m here for the kids…I can get another job.”
As Superintendent Garcia stated, the fight is just starting, so pay attention to this important issue. Write, call, or email the Governor’s office if you are opposed to his cuts, and hold all the officials accountable to their promises of support and finances. This is a social justice issue at its core.

Chemicals and quarantines

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› sarah@sfbg.com

As the California Department of Food and Agriculture (CDFA) pushes ahead with plans to aerially spray the Bay Area with pheromones to eradicate the light brown apple moth (LBAM), the San Francisco Board of Supervisors has signed onto state senator Carole Migden’s efforts to ask CDFA to put a moratorium on the spraying.

"We haven’t seen this level of concern and debate since the medfly days of then governor Jerry Brown," Sup. Ross Mirkarimi told the Guardian. "At this point, spraying sounds premature and reckless, even though I understand this is a nasty invasive pest."

Meanwhile, four members of the California State Assembly, including San Francisco’s Mark Leno, are working collaboratively on a group of LBAM-related measures to address health, scientific, and efficacy issues that remain unresolved since the agency’s multimillion-dollar eradication campaign began last year.

Leno’s part in this collaboration with fellow assembly members John Laird, Loni Hancock, and Jared Huffman involves demanding that CDFA complete an environmental impact report (EIR) before being able to apply pesticide in an urban area for LBAM eradication, which can be a lengthy process.

"By making this an urgency measure, it would take immediate effect," Leno told the Guardian. "We recognize that urban areas are concerned about health and safety, that LBAM is a real threat to the agricultural industry, and that the other side must be considered."

Last year, the United States Department of Agriculture (USDA) and CDFA both gave LBAM emergency status after the tiny, leaf-rolling Australian native was found in a Berkeley backyard, the first time it was confirmed in the continental United States.

As the USDA’s Larry Hawkins told the Guardian, the federal declaration of emergency allowed his department to access the Commodity Credit Corporation, a federally owned and operated entity within the USDA that supports and protects farm income and prices.

So far, the USDA has allocated $90 million to cover the costs of what Hawkins called "an expensive regulatory program," along with those of developing suitable pesticides and a nationwide survey to see if the moth has spread beyond California.

Hawkins claims the state separately declared an LBAM emergency — a move that allowed CDFA to go ahead and abate the pest — and that impacted the state’s normal EIR process.

"Emergency status doesn’t relieve [CDFA] of EIR requirements, but it allows them to do it simultaneously," Hawkins explained.

Since then some citizen activists have challenged the moth’s emergency status, claiming that there is no evidence that LBAM has severely damaged or infested local crops. But Hawkins says this purported lack of evidence proves that the government’s eradication program is working.

"We know the insect exists, that it destroys crops in other countries, and now you find the same insect here," said Hawkins, whose department has predicted that LBAM could inhabit 80 percent of the United States and nibble on 2,000 plant species.

"So, we can logically conclude it will cause damage here. The reason you haven’t seen major damage here is because we’ve found it early enough to deal with it before it becomes substantial. And the reason you won’t find reports of major LBAM damage in New Zealand or Australia is because they are constantly using pesticides," Hawkins said.

Asked if the USDA will fully disclose the ingredients of any product the state plans to use aerially, Hawkins said, "We cannot force a private company to reveal all their ingredients. But we have told all those companies that hope to provide products that they should expect to reveal them all."

Critics of the state’s pheromone spraying program observe that Suterra LLC, which manufactured the spray used over Santa Cruz and Monterey counties, refused to release the full ingredients until it was sued — and Gov. Arnold Schwarzenegger demanded immediate full disclosure.

These same critics also note that Schwarzenegger, who continues to support CDFA’s LBAM-eradication program, received $144,600 in campaign contributions from Los Angeles–based Roll International owners Stewart and Lynda Resnick, who control Suterra, Fiji Water, Paramount Agribusiness, and the Franklin Mint.

Records show the Resnicks donate broadly, mostly to Democrats — including the gubernatorial campaigns of Steve Westly and Phil Angelides, and US Sens. Hillary Clinton, John Edwards, and Barack Obama — with a lesser-size donation to Republican presidential front-runner John McCain, proving they play both sides of the fence.

With researchers testing a variety of LBAM-related products in New Zealand, Hawkins hopes to have a product formulated for California by June 1, which is when spraying is scheduled to resume in Santa Cruz and Monterey; spraying in the Bay Area is set for Aug. 1.

"We would like to give communities maximum notice, but we’re also working towards a beginning-of-June date, and as much as we’d like to insert artificial time frames, the insect couldn’t care less. It’s on a biological time table and is multiplying every day," Hawkins said.

David Dilworth of the Monterey nonprofit group Helping Our Peninsula’s Environment, which advocates the use of targeted pheromone-baited sticky traps, conceded that even if CDFA was forced to stop the aerial spraying, the USDA could spray anyway.

"But it would take them several months to organize, and we don’t believe they have the constitutional power," claimed Dilworth, whose organization is preparing a 60-day notice of intent to sue the USDA and the United States Environmental Protection Agency.

Meanwhile, organic farmers find themselves in an uncomfortable limbo that continues to shift. Take the Santa Cruz–based California Certified Organic Farmers (CCOF). Last fall, CCOF supported the aerial pheromone spray after the National Organics Program approved it, meaning sprayed farmers didn’t lose organic certification

But March 4, CCOF spokesperson Viella Shipley told the Guardian that the group is about to release a revised position on the spraying, and could not comment further "because CCOF’s government affairs committee has not yet approved this revised position."

"We lobbied for an organically approved product and supported it last fall when lots of our members were suffering because they were in quarantine and couldn’t sell beyond county lines," was all Shipley would say.

Meanwhile, organic farmers who spoke on condition of anonymity largely supported aerial spraying for economic and environmental reasons.

"If the moth isn’t dealt with now, it’ll become a bigger problem, from both an environmental and toxic perspective," one farmer told us, citing the already high costs of controlling such bugs as coddling moths and medflies.

"This is somebody else’s pest at the moment, a nonnative pest," he said. "If farmers have to start dealing with LBAM as well, they’ll be ruined."

He also cited his belief that there aren’t 40 million pheromone-soaked twist ties on the market, which is what the CDFA claims is needed to blanket infested counties from the ground up with female pheromones to confuse the males.

Nigel Walker, an organic farmer in Dixon, recalled the devastating costs of quarantine thanks to a medfly-infested mango that someone brought back from Hawaii.

"Their vacation cost me $60,000 because of lost sales," Walker said. "So, for God’s sake, don’t bring, mail, or FedEx fruit and vegetables into California, because border inspectors are looking for bombs and terrorists, not produce and moths.

"We live in a global economy, and we have trade agreements that say if one person gets a pest, you have to do something about it," Walker added. "Nobody wants to be sprayed. Even when I spray organic seaweed on my fruit trees, I wear a mask. So I understand the gut reaction. But by refusing to be sprayed, you’re punishing the wrong person — the farmer — who already has to deal with the vagaries of the weather, the marketplace, and pests like the medfly."

Chris Mittelstaedt, who lives in San Francisco with his family and runs Fruitguys, a small business that delivers organic fruit to offices, said he’s personally against the spraying. "But as a company, we are going to wait a few weeks before letting people know what we officially think or endorse as a plan of action," Mittelstaedt told us.

Other city dwellers are less ambivalent. Frank Eggers, a former Fairfax mayor who is organizing a group called Stop the Spray, said, "[World Trade Organization] stuff is driving this so-called moth emergency.

"We’re allowing other countries to quarantine our produce. And with the global economy, climate change, and travel, we’re going be facing this issue continuously. But we can’t keep putting poison on our land, or say we’ll put you in quarantine if you don’t accept our aerial bombardment," he said.

Paul Schramski, state director of Pesticide Watch, worries that the state and federal agencies are still not listening to the people of California.

"If this is not being driven by trade agreements, then I’m not sure what is the driver. We don’t have all the facts. But it’s not being driven by actual crop damage," Schramski said. "We agree that this invasive moth should be controlled, but it’s a false premise to believe that the choice is between aerial spraying or nothing. The state has known since August that the public was opposed to spraying, so why aren’t we producing more twist ties?"

CDFA, which used $500,000 in USDA funds to hire PR agency Porter Novelli last November at the height of public outcry, is currently researching pheromone products that last up to 90 days and is also planning to use pheromone-loaded twist ties, sticky traps, and stingerless parasitic wasps in its LBAM program.

"We believe this to be a biological emergency," CDFA public affairs supervisor Steve Lyle told us. "If we waited a year or two, so we could first do an EIR, we would lose the battle and become generally infested."

Ironically, California’s best hope for not being sprayed ad infinitum may lie in the discovery that the moth has spread to other states.

"It would make a significant impact if we were to find the insect established in other places," the USDA’s Hawkins told us. "It doesn’t mean we would throw up our hands and walk away, but it would remove some of the argument that the rest of America is at risk from California if other states already have it."

But until that time, Hawkins warned that if state legislators demand a moratorium, forced spraying won’t be the federal government’s only option: "Maybe California would have to be quarantined. And now we are talking about hundreds of millions of dollars."

Bring back the car tax

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EDITORIAL Assemblymember Mark Leno has shared with us some numbers from the legislature’s budget office, and they’re pretty compelling. Of the $14.5 billion shortfall the governor says we’ll see in the next 18 months, a full $9.36 billion — 65 percent — comes from exactly one source. That’s Gov. Arnold Schwarzenegger’s political decision to get rid of the state’s motor vehicle license fee. He calls it the car tax.

It’s crazy: for years the people of California paid the fee, which used to be 2 percent of the car’s value, to register their cars. It’s not a perfect tax, but it’s not a terrible one — people with expensive cars pay more — and it brought in a huge amount of money. When Schwarzenegger ran for office he promised to get rid of it, and that’s one of the first things he did after he was elected — but he never explained how the state was going to cover the cost.

California hasn’t been overspending on education and parks. It hasn’t been wasting huge amounts of money on social services or sending too much to cities. The state was already living on a rather modest budget. And then along came the recession, the huge interest payments ($2 billion) on the governor’s recent bail-out bonds, and the elimination of the vehicle license fee, and suddenly, there’s a massive budget shortfall.

The legislature’s pretty hamstrung here: Leno and some others will try, and try mightily, to bring in some new money, but it takes two-thirds of the State Assembly and the State Senate to pass a budget, and the Republicans, who have sworn on Ronald Reagan’s grave never to raise taxes, control more than a third of each house. And everyone, even the liberal Democrats, agrees that if you take a poll, the vast majority of Californians will oppose reinstating the dreaded "car tax."

But if you asked the question right — "Would you pay $200 per year to save public education, parks, and health services in California?" — you might get a better answer. This needs to be a massive, statewide campaign and education program — because unless we can turn around sentiment on the vehicle license fee, the next few years are going to be very, very ugly

Car Feebates! Brilliant!

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The California State Assembly is expected to vote this week on a plan to give rebates to people who buy little, awesome, eco-happy cars and tax the folks with Napoleon complexes.

The California Clean Car Discount Act would hit the gas drunks with a $2,500 fee at time of purchase, while smaller, more fuel-efficient car buyers would get a rebate for their smart shopping.

Last year a similar bill was stopped due to intense lobbying by auto dealers of a septet of wimpy LA Democrats who ultimately abstained from voting. The LA Times ran a good piece on the bill today, with some hilariously stupid quotes from folks opposing it. For example: “What if some poor guy in Watts retires and says, ‘I want an SUV,’ ” Dymally said. “Do you punish him for that?”

Um, yeah. Precisely.

If passed, the new law could put a big dent in our greenhouse gas emissions, 40 percent of which come from vehicles. Now all we need is massive tax write-offs for people who don’t own cars at all.

Endorsements

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President, Democrat

BARACK OBAMA


This is now essentially a two-person race for the Democratic nomination, and no matter how it comes down, it’s a historic moment: neither of the front-runners for the White House (and by any standard, the Democratic nominee starts off as the front-runner) is a white man. And frankly, the nation could do a lot worse than either President Hillary Clinton or President Barack Obama.

But on the issues, and because he’s a force for a new generation of political activism, our choice is Obama.

Obama’s life story is inspirational, and his speeches are the stuff of political legend. He can rouse a crowd and generate excitement like no presidential candidate has in many, many years. He has, almost single-handedly, caused thousands of young people to get involved for the first time in a major political campaign.

The cost of his soaring rhetoric is a disappointing lack of specific plans. It can be hard at times to tell exactly what Obama stands for, exactly how he plans to carry out his ambitious goals. His stump speeches are riddled with words like change and exhortations to a new approach to politics, but he doesn’t talk much, for example, about how to address the gap between the rich and the poor, or how to tackle urban crime and poverty, or whether Israel should stop building settlements in the occupied territories.

In fact, our biggest problem with Obama is that he talks as if all the nation needs to do is come together in some sort of grand coalition of Democrats and Republicans, of "blue states and red states." But some of us have no interest in making common cause with the religious right or Dick Cheney or Halliburton or Don Fisher. There are forces and interests in the United States that need to be opposed, defeated, consigned to the dustbin of history, and for all of Obama’s talk of unity, we worry that he lacks the interest in or ability to take on a tough, bloody fight against an entrenched political foe.

Still, when you look at his positions, he’s on the right track. He wants to raise the cap on earnings subject to Social Security payments (right now high earners don’t pay Social Security taxes on income over $97,000 a year). He wants to cut taxes for working-class families and pay for it by letting the George W. Bush tax cuts on the rich expire (that’s not enough, but it’s a start). He wants to double fuel-economy standards. His health care plan isn’t perfect, but it’s about the same as all the Democrats offer.

And he’s always been against the war.

It’s hard to overstate the importance of that. Obama spoke out against the invasion when even most Democrats were afraid to, so he has some credibility when he says he’s going to withdraw all troops within 16 months and establish no permanent US bases in Iraq.

Hillary Clinton has far more extensive experience than Obama (and people who say her years in the White House don’t count have no concept of the role she played in Bill Clinton’s administration). We are convinced that deep down she has liberal instincts. But that’s what’s so infuriating: since the day she won election to the US Senate, Clinton has been trianguutf8g, shaping her positions, especially on foreign policy, in an effort to put her close to the political center. At a time when she could have shown real courage — during the early votes on funding and authorizing the invasion of Iraq — she took the easy way out, siding with President Bush and refusing to be counted with the antiwar movement. She has refused to distance herself from such terrible Bill Clinton–era policies as welfare reform, the North American Free Trade Agreement, and don’t ask, don’t tell. We just can’t see her as the progressive choice.

We like John Edwards. We like his populist approach, his recognition that there are powerful interests running this country that won’t give up power without a fight, and his talk about poverty. In some ways (certainly in terms of campaign rhetoric) he’s the most progressive of the major candidates. It is, of course, a bit of a political act — he was, at best, a moderate Southern Democrat when he served in the Senate. But at least he’s raising issues nobody else is talking about, and we give him immense credit for that. And we’ve always liked Dennis Kucinich, who is the only person taking the right positions on almost all of the key issues.

But Edwards has slid pretty far out of the running at this point, and Kucinich is an afterthought. The choice Californians face is between Hillary Clinton and Barack Obama. And Obama, for all of his flaws, has fired up a real grassroots movement, has energized the electorate, and is offering the hope of a politics that looks forward, not back. On Feb. 5, vote for Barack Obama.

President, Republican

RON PAUL


We have a lot of disagreements with Ron Paul and his libertarian worldview. He opposes the taxes that we need to make civil society function and the government regulations that are essential to protecting the most powerless members of society. From its roots in the Magna Carta and Adam Smith’s economic theories to the Bill of Rights, it’s clear the United States was founded on a social compact that libertarians too often seem to deny. And Paul compounds these ills in the one area in which he departs from the libertarians: he doesn’t support federal abortion rights. He’s been associated with some statements that are racially insensitive (to say the least). He clearly shouldn’t be president.

But he won’t — Paul isn’t going to win the nomination. So it’s worthwhile endorsing him as a protest vote for two reasons. His presence on the ballot serves to show up some of the hypocrisies of the rest of the GOP field — and he is absolutely correct and insightful on one of the most important issues of the day: the war.

Paul is alone among the Republican candidates for president in sounding the alarm that our country is pursuing a dangerous, shortsighted, hypocritical, expensive, and ultimately doomed strategy of trying to dominate the world militarily. He opposed the invasion of Iraq and thinks the US should pull out immediately. It’s immensely valuable to have someone like that in the GOP debates, speaking to the conservative half of our country about why this policy violates the principles they claim to hold dear.

Paul is absolutely correct that if we stopped trying to police the world, ended the war on drugs, and quit negotiating trade deals that favor multinational corporations over American families and workers, we would be a far more free and prosperous nation.

President, Green

CYNTHIA MCKINNEY


We endorsed Ralph Nader for president in 2000, in large part as a protest vote against the neoconservative politics of the Bill Clinton administration (the North American Free Trade Agreement, the General Agreement on Tariffs and Trade, welfare "reform," etc.). And Nader’s Green Party campaign had a place (particularly in a state the Democrats were going to win anyway). We’ve never been among those who blame Nader for Al Gore’s loss — Gore earned plenty of blame himself. But four years later we, like a lot of Nader’s allies and supporters, urged him not to run — and he ignored those pleas. Now he may be seeking the Green Party nomination again. Nader hasn’t formally announced yet, but he’s talking about it — which means he still shows no interest in being accountable to anyone. It’s too bad he has to end his political life this way.

Fortunately, there are several other credible Green Party candidates. The best is Cynthia McKinney, the former Georgia congressional representative, who has switched from the Democratic to the Green Party and is seeking a spot on the top of the ticket. McKinney has her drawbacks, but we’ll endorse her.

The real question here is not who would make a better president (that’s not in the cards, of course) but who would do more to build the Green Party and promote the best course for a promising third party that still hasn’t developed much traction as a national force. We’ve been clear for years that the Greens should be working from the grass roots up: the party’s first priority should be electing school board members, community college board members, members of boards of supervisors and city councils. Over time, leaders like Mark Sanchez, Jane Kim, Matt Gonzalez, and Ross Mirkarimi can start competing for mayor’s offices and posts in the State Legislature and Congress. Running a presidential candidate only makes sense as part of a party-building operation. (That’s what Nader did in 2000, and for all the obvious reasons he’s incapable of doing it today.)

But the Greens insist on running candidates for president, so we might as well pick the best one.

McKinney has a lot to offer the Greens. She’s an experienced legislator who has won several tough elections and taken on a lot of tough issues. As an African American woman from the South, she can also broaden the party’s base. She was a solid progressive in Congress, where she was willing to speak out on issues that many of her colleagues ducked (she was, for example, one of the few members to push for an impeachment resolution).

McKinney has her downside — in recent years she’s been flirting with the loony side of the left, getting a bit close to some Sept. 11 conspiracy theories that hurt her credibility (although she’s also made some very good points about the attacks and the lack of a serious investigation into what happened). And some of her supporters have made alarmingly anti-Semitic statements (from which, to her credit, she has attempted to distance herself). But she has to come out now, strongly, to denounce those sorts of comments and show that she can build a real coalition.

With those (serious) reservations, we’ll give her the nod.

Proposition 91 (use of gas tax)

NO


Prop. 91 is essentially an effort to ensure that revenue from the state’s gas tax goes only to roads and highways. It’s a moot point anyway: Proposition 1A, which passed last year, did the same thing, and now even proponents of 91 are urging a No vote.

But we’re going to take this opportunity to reiterate our opposition to Prop. 1A, Prop. 91, and any other ridiculous effort to restrict the use of gasoline tax revenues.

It should be clear to everyone at this point that the widespread overuse of automobiles is having far bigger impacts on California than just wear and tear on the roads. Cars are the biggest single cause of global warming, and they kill and injure more Californians than guns do, causing enormous costs that are borne by all of us. Driving a car is expensive for society, and drivers ought to be paying some of those costs. That should mean extra gas taxes and a reinstatement of the vehicle license fee to previous levels (and extra surcharges for those who drive Hummers and other especially wasteful, dangerous vehicles). That money ought to go to the state General Fund so California doesn’t have to close state parks and slash spending on schools and social services, as Gov. Arnold Schwarzenegger is proposing.

Proposition 92 (community college funding)

YES


Prop. 92 is another example of how desperate California educators are and how utterly dysfunctional the state’s budget process has become.

The measure is complicated, but it amounts to a plan to guarantee community colleges more money — a total of about $300 million a year — and includes provisions to cut the cost of attending the two-year schools. Those are good things: community colleges serve a huge number of students — about 10 times as many as the University of California system — many of whom come from lower-income families who can’t afford even a small fee increase. And, of course, as the state budget has gotten tighter, community college fees have gone up in the past few years — and as a result, attendance has dropped.

Part of the way Prop. 92 cuts fees is by divorcing community college funding from K–12 funding — and that’s created some controversy among teachers. Current state law requires a set percentage of California spending (about 40 percent) to go to K–12 and community college education, but there’s no provision to give more money to the community colleges when enrollment at those institutions grows faster than K–12 enrollment.

Some teachers fear that Prop. 92 could lead to decreased funds for K–12, and that’s a real concern. In essence, this measure would add $300 million to the state budget, and it includes no specific funding source. This worries us. In theory, the legislature and the governor ought to agree that education funding matters and find the money by raising taxes; in practice, this could set up more competition for money between different (and entirely worthy) branches of the state’s public education system — not to mention other critical social services.

But many of the same concerns were voiced when Prop. 98 was on the ballot, and that measure probably saved public education in California. The progressives on the San Francisco Board of Education all support Prop. 92, and so do we. Vote yes.

Proposition 93 (term limits)

YES


This is pathetic, really. The term-limits law that voters passed in 1990 has been bad news, shifting more power to the governor and ensuring that the State Assembly and the State Senate will be filled with people who lack the experience and institutional history to fight the Sacramento lobbyists (who, of course, have no term limits). But the legislature isn’t a terribly popular institution, and the polls all show that it would be almost impossible to simply repeal term limits. So the legislature — led by State Assembly speaker Fabian Núñez, who really, really wants to keep his job — has proposed a modification instead.

Under the current law, a politician can serve six years — three terms — in the assembly and eight years — two terms — in the senate. Since most senators are former assembly members, that’s a total of 14 years any one person can serve in the legislature.

Prop. 93 would cut that to 12 years — but allow members to serve them in either house. So Núñez, who will be termed out this year, could serve six more years in the assembly (but would then be barred from running for the senate). Senators who never served in the assembly could stick around for three terms.

That’s fine. It’s a bit better than what we have now — it might bring more long-term focus to the legislature and eliminate some of the musical-chairs mess that’s brought us the Mark Leno versus Carole Migden bloodbath.

But it’s sad that the California State Legislature, once a model for the nation, has been so stymied by corruption that the voters don’t trust it and the best we can hope for is a modest improvement in a bad law. Vote yes.

Propositions 94, 95, 96, and 97 (Indian gambling compacts)

NO


We supported the original law that allowed Indian tribes to set up casinos, and we have no regrets: that was an issue of tribal sovereignty, and after all the United States has done to the tribes, it seemed unconscionable to deny one of the most impoverished populations in the state the right to make some money. Besides, we’re not opposed in principle to gambling.

But this is a shady deal, and voters should reject it.

Props. 94–97 would allow four tribes — all of which have become very, very wealthy through gambling — to dramatically expand the size of their casinos. The Pechanga, Morongo, Sycuan, and Agua Caliente tribes operate lucrative casinos in Southern California, spend a small fortune on lobbying, and convinced Gov. Arnold Schwarzenegger to give them permission to create some of the largest casinos in the nation. Opponents of this agreement have forced the issue onto the ballot.

The tribes say the deals will bring big money into the state coffers, and it’s true that more gambling equals more state revenue. But the effective tax rate on the slot machines (and this is all about slot machines, the cash engines of casinos) would be as little as 15 percent — chump change for a gambling operation. And none of the other tribes in the state, some of which are still desperate for money, would share in the bounty.

The big four tribes refuse to allow their workers to unionize. While we respect tribal sovereignty, the state still has the right to limit the size of casinos, and if the tribes want the right to make a lot more money, they ought to be willing to let their workers, not all of them Indians, share in some of the rewards. We’re talking billions of dollars a year in revenue here; paying a decent salary is hardly beyond the financial ability of these massive operations.

The governor cut this deal too fast and gave away too much. If the tribes want to expand their casinos, we’re open to allowing it — but the state, the workers, and the other tribes deserve a bigger share of the revenue. Vote no on 94-97.

Proposition A (neighborhood parks bond)

YES


This $185 million bond has the support of a broad coalition of local politicians and activists, Mayor Gavin Newsom, and every member of the Board of Supervisors. It would put a dent in the city’s serious backlog of deferred maintenance in the park system.

The measure would allocate $117.4 million for repairs and renovations of 12 neighborhood parks, selected according to their seismic and safety needs as well as their usage levels. It would also earmark $11.4 million to replace and repair freestanding restrooms, which, the Recreation and Park Department assures us, will be kept open seven days a week.

The bond also contains $33.5 million for projects on Port of San Francisco land, including a continuous walkway from Herons Head Park to Pier 43 and new open spaces at regular intervals along the eastern waterfront. While some argue that the Port should take care of its own property, it’s pretty broke — and there’s a growing recognition that the city’s waterfront is a treasure, that open space should be a key component of its future, and that it doesn’t really matter which city agency pays for it. In fact, this bond act would provide money to reclaim closed sections of the waterfront and create a Blue Greenway trail along seven miles of bay front.

One of the more questionable elements in this bond is the $8 million earmarked for construction and reconstruction of city playfields — which includes a partnership with a private foundation that wants to install artificial turf. There’s no question that the current fields are in bad repair and that users of artificial turf appreciate its all-weather durability. But some people worry about the environmental impact of the stuff, which is made from recycled tires, while others wonder if this bond will end up giving control of 7 percent of our parkland to the sons of Gap founder Don Fisher (their City Fields Foundation is the entity contributing matching funds for city-led turf conversions). Although the Rec and Park Department has identified 24 sites for such conversions, none can take place without the Board of Supervisors’ approval — and the supervisors and the Rec and Park Commission needs to make it clear that if neighbors don’t want the artificial turf, it won’t be forced on them.

Prop. A also earmarks $5 million for trail restoration and $5 million for an Opportunity Fund, from which all neighborhoods can leverage money for benches and toilets through in-kind contributions, sweat equity, and noncity funds.

And it includes $4 million for park forestry and $185,000 for audits.

With a 2007 independent analysis identifying $1.7 billion in maintenance requirements, this is little more than a start, and park advocates need to be looking for other, ongoing revenue sources. But we’ll happily endorse Prop. A.

Proposition B (deferred retirement for police officers)

YES


We’ve always taken the position that relying exclusively on police officers to improve public safety is as useless as simply throwing criminals behind bars — it’s only part of the solution and will never work as an answer all on its own.

But we’re also aware that the city is suffering a dramatic shortage of police officers; hundreds are expected to retire within a few short years, and those figures aren’t being met by an equal number of enrollees at the academy.

So we’re supporting Prop. B, even if it’s yet another mere stopgap measure the police union has dragged before voters, and even though the San Francisco Police Officers Association is often hostile to attempted law enforcement reforms and is never around when progressives need support for new revenue measures.

Prop. B would allow police officers who are at least 50 years of age and who have served for at least 25 years to continue working for three additional years with their regular pay and benefits while the pension checks they’d have otherwise received collect in a special account with an assured annual 4 percent interest rate.

The POA promises Prop. B will be cost neutral to taxpayers, and the city controller will review the program in three years to ensure that remains the case. Also at the end of three years, the Board of Supervisors, with a simple majority vote, could choose to end or extend it.

POA president Gary Delagnes added during an endorsement interview that department staffers in San Francisco who reach retirement age simply continue working in other police jurisdictions. If that’s the case, we might as well keep them here.

No other city employees are eligible for such a scheme, which strikes us as unfair. And frankly, one of the main reasons the city can’t hire police officers is the high cost of living in San Francisco — so if the POA is worried about recruitment, the group needs to support Sup. Chris Daly’s affordable-housing measure in November.

But we’ll endorse Prop. B.

Proposition C (Alcatraz Conversion Project)

NO


We understand why some people question why a decaying old prison continues to be a centerpiece of Bay Area tourism. A monument to a system that imprisoned people in cold, inhumane conditions doesn’t exactly mesh with San Francisco values.

But the Alcatraz Conversion Project, which proposes placing a half–golf ball–like Global Peace Center atop the Rock, is a wacky idea that looks and sounds like a yuppie tourist retreat and does little to address the island’s tortured past. People don’t have to support everything with peace in the title.

The proposal includes a white domed conference center for nonviolent conflict resolution, a statue of St. Francis, a labyrinth, a medicine wheel, and an array of what proponents call "architecturally advanced domed Artainment multimedia centers."

We agree with the ideal of dedicating the island to the Native Americans who fished and collected birds’ eggs from this once guano-covered rock for thousands of years and whose descendants carried out a bold occupation at the end of the 1960s. But this proposal seems based on wishful thinking, not fiscal or environmental realities.

The plan is backed by the Global Peace Foundation, which is a branch of the San Francisco Medical Research Foundation, a Mill Valley nonprofit founded by Marin resident and Light Party founder Da Vid. It’s just goofy. Vote no.

Next week: Alameda County endorsements.

Editor’s Notes

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› tredmond@sfbg.com

So you want the heartwarming Christmas story, and it almost happened: A 17-year-old girl in Los Angeles girl was dying of leukemia. She’d received a bone marrow transplant, and for some complicated and unexpected reason, her liver began to fail. The doctors at the University of California at Los Angeles Medical Center said she’d die without a liver transplant.

As it turned out, a liver was available and the operation could have gone forward — except that the girl’s insurance company, Cigna, refused to pay. This set off a furor — the California Nurses Association organized a protest, word got out on Daily Kos (thanks to blogger Eve Gittleson), and hundreds of people jammed Cigna’s phone lines, marched in front of company headquarters, and generally made such a stink that after 10 days of delay, on Dec. 20, the insurance giant caved and approved the operation.

But there’s no happy ending here: on Dec. 21, Nataline Sarkysian died. The nurses say that if she’d had the transplant as soon as possible, the outcome might have been different. I’m not a doctor and I wasn’t there, so I’m not going to wade into that one.

Here’s what I’m going to say:

Anyone who thinks it’s possible to reform our health care system while leaving these kinds of decisions in the hands of private, profit-seeking insurance companies needs a transplant of the cerebral cortex.

There are cases like this one all the time — people who suffer because health insurance has become a big business that’s all about the bottom line. It’s not news that these big companies routinely reject valid claims and pay their employees bonuses based on how many people are denied health care.

There is no perfect way to provide health care for the entire population of the United States. Any structure that we create will by its nature be large and prone to bureaucratic snafus. There are always going to be limits on resources and hard decisions: Should an insurance pool cover liposuction for an actor who needs to lose 10 pounds for a starring role? (Probably not.) Should it pay for the same treatment for a morbidly obese person who is at risk of heart failure? (Probably so.) Should an 80-year-old person get a kidney transplant while a 23-year-old is left waiting? (I don’t know; do you?)

But I do know that if you leave those decisions in the hands of people who will make more money if they choose one path, then the path of one of the most important public policy issues in the nation will be selected on the basis of greed. That’s the fundamental flaw in our health care system.

I thought the comments of Rose Ann DeMoro, the head of the CNA, regarding the Sarkysian case were right on point. "Every politician who thinks the answer to our health care crisis is more insurance should stop and think about Nataline Sarkysian," DeMoro said. "Insurance is not care."

That’s exactly what’s wrong with the plan the governor and the State Assembly have passed.

Sure, it’s better to have people insured than uninsured. Universal insurance means fewer people getting very sick and dying for lack of primary care. It means fewer people jamming public hospital emergency rooms. But it doesn’t mean everyone’s going to get adequate or decent medical treatment — not as long as health insurance is in the hands of people who consider it first and foremost a big business.

The health-care bill mess

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The Democrats in the state Assembly managed to pass a complicated health-care bill that the governor likes, his own party members oppose and the nurses and the insurance companies both hate.

Over at Calitics, David Dayen has a nice analysis of some of the financial problems with the bill — including the fact that it might all amount to absolutely nothing a few years down the road.

The Cal Nurses Association is even harsher:

Insurance companies can continue to deny medical care they brand as “not medically necessary” or experimental, deny access to specialists, and deny tests – even when those care options or treatment are recommended by a physician.
Insurance companies can continue to charge whatever they want. The bill has no limits on escalating premiums, deductibles, co-pays, or other rising costs.
Individuals are still forced to buy insurance without guarantees of what they are buying or whether they can afford it.

I recognize that some progressives support this (Andy Stern and SIEU are big fans) , and that you can’t make the perfect the enemy of the good .. but let’s be serious — this is never going to work.

There’s only one way to solve the health-care crisis, and that’s to get the private insurance companies the hell out of it. This kind of hodge-podge that still lets these greedy crooks set the rates, decide what they’re going to pay for and make life difficult (and expensive) for patients and doctors simply can’t be effective in controlling health-care costs.

Maybe it’s better than nothing, but not a whole lot better.

Fisher fails

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› news@sfbg.com

The crowd at El Rio, the Mission Street dive bar, was reaching capacity election night when Sup. Aaron Peskin climbed onto an unstable bar stool to announce a political victory that had been very much in doubt just a few weeks earlier.

“They said it could not be done. We drove a Hummer over Don Fisher!” Peskin said, referring to the Republican billionaire and downtown power broker who funded the fight against progressives in this election, as he has done repeatedly over the years.

Indeed, the big story of this election was the improbable triumph of environmentalists over car culture and grassroots activism over downtown’s money. The battleground was Muni reform measure Proposition A, which won handily, and the pro-parking Proposition H, which went down to resounding defeat.

It was, in some ways, exactly the sort of broad-based coalition building and community organizing that the progressives will need to help set the city’s agenda going into a year when control of the Board of Supervisors is up for grabs.

“I just felt it at El Rio — wow, people were jazzed,” said campaign consultant Jim Stearns, who directed the Yes on A–No on H campaign. “We brought in new energy and new people who will be the foot soldiers and field managers for the progressive supervisorial candidates in 2008.”

Maintaining the momentum won’t be simple: many of the people in El Rio that night will be on opposite sides next June, when Assemblymember Mark Leno challenges incumbent state senator Carole Migden, and they’ll have to put aside their differences just a few months later.

Downtown, while soundly defeated this time around, isn’t going to give up. And some parts of the winning coalition — Sup. Sean Elsbernd, for example, who helped with west-side voters, and the San Francisco Planning and Urban Research Association (SPUR), which helped bring more moderate voters into the fold — probably aren’t going to be on the progressive side in Nov. 2008.

But there’s no doubt the Yes on A–No on H campaign was a watershed moment. “I’ve never seen this kind of coalition between labor and environmentalists in the city,” Robert Haaland, a union activist who ran the field campaign, told us. “New relationships were built.”

During his victory speech, Peskin singled out the labor movement for high praise: “This would not have happened if it were not for our incredible brothers and sisters in the house of labor.” He also thanked the San Francisco Bicycle Coalition and environmental groups — and agreed that the labor-environmental alliance was significant and unique. “This is the first time in the seven years that I’ve been on the Board of Supervisors where I have seen a true coalition between labor and the environmentalists,” he said.

It’s not clear what we can expect in 2008 from Mayor Gavin Newsom, whom the latest results show finishing with more than 70 percent of the vote, better than some of his own consultants predicted. Newsom endorsed Yes on A–No on H, but he did nothing to support those stands, instead focusing on defeating Question Time proposition E, which narrowly failed.

Will Newsom continue to pay fealty to the biggest losers of this election, the San Francisco Chamber of Commerce and Fisher, who funded No on A–Yes on H and became this year’s antienvironmentalism poster child?

Or will Newsom — who has said little of substance about his plans for 2008 — step to the front of the transit-first parade and try to drive a wedge in the labor-environmentalist-progressive coalition that achieved this election’s biggest come-from-behind victory?

 

MONEY AND PEOPLE

The Yes on A–No on H campaign was a striking combination of good ground work by volunteers committed to alternative transportation and solid fundraising that allowed for many mailers and a sophisticated voter identification, outreach, and turnout effort.

“We worked the Muni a lot in the last days, particularly in areas where we thought there were a lot of young people,” Stearns said.

Polls commissioned by the Yes on A–No on H campaign showed that Prop. H, which would have deregulated parking and attracted more cars downtown, was winning by 54–39 percent as of Aug. 30. By Oct. 25 that lead had narrowed to 40–41 percent, a trend that gave the campaign hope that a big final push would produce a solid margin of victory, particularly given that more detailed polling questions showed support dropped fast once voters were educated on the real potential impacts of the measure.

Prop. A was much closer throughout the race, particularly given that both daily newspapers and left-leaning Sups. Gerardo Sandoval and Jake McGoldrick opposed it and even the Green Party couldn’t reach consensus on an endorsement.

“This could have meant a lot of arrows from a lot of directions,” Stearns said.

Campaign leaders Peskin, Haaland, and Stearns were so worried about Prop. A being defeated — and about not having the money for a big final telephone canvas in the final days — that they decided to make last-minute appeals for money.

“I’ve been a nervous wreck about this,” Haaland said of the campaign on election night.

On the evening of Nov. 3, he placed an anxious call to Peskin, suggesting that the latter make an appeal for money to Clint Reilly, a real estate investor who has often helped fund progressive efforts.

Peskin agreed and asked Stearns to help him make the pitch — and the two men drove to Reilly’s Seacliff home at 10 p.m. on Nov. 3.

“Prop. A just struck me as a nice, decent, positive message,” Reilly told the Guardian at the election night party, which he attended with his wife, Janet Reilly, a former State Assembly candidate.

Sharing Peskin and the campaign’s concerns that Prop. A was in trouble, Reilly cut a check for $15,000, which was enough to keep the phone banks going and help give the measure a narrow margin of victory.

But the money alone wasn’t enough for this mostly volunteer-run campaign.

“The push we made on the last five days of this campaign was just incredible,” campaign manager Natasha Marsh told us. “We had close to 500 volunteers on that last four days.”

 

A DIFFERENT CITY

The campaign also developed an extensive list of potentially supportive absentee voters — fully half of them Chinese speaking — who were then contacted with targeted messages.

Rosa Vong-Chie, who coordinated the voter outreach effort, said the messages about climate change, clean air, and Fisher’s involvement worked well with English-language voters. Chinese speakers didn’t care as much about Fisher, so campaign workers talked to them about improving Muni service.

The absentee-voter drive (and the push among Chinese-language voters) was unusual for a progressive campaign — and the fact that Prop. A did so well among typically conservative absentee voters was a testament to the effort’s effectiveness.

Elsbernd, one of the most conservative members of the Board of Supervisors, crossed many of his political allies to support the Yes on A–No on H campaign, and his involvement helped win over west-side voters and demonstrated that environmentalism and support for transit shouldn’t be just progressive positions.

“It’s great for public transit riders. It reinforces that this is a transit-first city…. Public transit is not an east-side issue,” Elsbernd told us, adding that the election was also a victory for political honesty. “It shows that people saw through the campaign rhetoric.”

The Fisher-funded rhetoric relied on simplistic appeals to drivers’ desire for more parking and used deceptive antigovernment appeals, trying to capitalize on what he clearly thought was widespread disdain for the Board of Supervisors.

“The attacks against the board didn’t work,” Peskin said, noting that in election after election the supervisors have shown that they “have much longer coattails than the chief executive of San Francisco.”

“I think it’s a pretty thorough rejection of Don Fisher’s agenda. He was not able to fool the voters,” said Tom Radulovich, director of Livable City and a BART director, who was active in the campaign. “This was about transit and what’s best for downtown. We should be very proud as a city.”

 

NOW WHAT?

The day after the El Rio party, at the monthly Car Free Happy Hour — a gathering of alternative-transportation activists and planners — there was excited talk of the previous night’s electoral triumph, but it quickly turned to the question of what’s next.

After all, progressives proved they could win in a low-turnout election against a poll-tested, attractive-sounding, and well-funded campaign. And given that the number of signatures needed to qualify an initiative for the ballot is a percentage of the voters in the last mayor’s race, it suddenly seems easy to meet that standard.

Some of the ideas floated by the group include banning cars on a portion of Market Street, having voters endorse bus rapid-transit plans and other mechanisms for moving transit quicker, levying taxes on parking and other auto-related activities to better fund Muni, and exempting bike, transit, and pedestrian projects from detailed and costly environmental studies (known as level of service, or LOS, reform to transportation planners).

“There’s a lot of potential to move this forward,” Haaland said later. “We can talk about creating a real transit-justice coalition.”

There’s also a downside to the low turnout: downtown can more easily place measures on the ballot or launch recall drives against sitting supervisors, which would force progressives to spend time and money playing defense.

But overall, for an election that could have been a total train wreck for progressives, the high-profile victory and the new coalitions suggest that the movement is alive and well, despite Newsom’s reelection.

Campaign sewer overflows

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› amanda@sfbg.com

The flow of election cash is often a filthy river that you wouldn’t want to drink from, and a recent local lawsuit, coupled with a new bit of state legislation, has muddied the waters even more.

On Sept. 20, US District Court Judge Jeffery S. White granted a preliminary injunction preventing the city from enforcing key sections of its Campaign Finance Reform Ordinance.

Two local groups with a sordid history of influencing elections with large chunks of cash — the Building Owners and Managers Association and the Committee on Jobs — argued in court that campaign contribution limits violate the First Amendment by financially curbing the ability to communicate a message (see "Pressing the Scales," 8/22/07). The contribution limits of independent-expenditure committees stumping for candidates were set by the voter-passed Proposition O in 2000 after the 1999 reelection of Mayor Willie Brown, in which deep-pocketed business interests backed the mayor in exchange for preferential treatment by city hall.

Prop. O capped contributions to IEs at $500, and people and corporations are allowed to give no more than $3,000 total (e.g., $500 each to six committees).

Those caps are no longer enforceable.

Similar injunctions have been granted in San Jose and Oakland, also destroying local contribution caps in those cities. San Jose appealed to the 9th Circuit Court of Appeals and is waiting for a ruling. Ann O’Leary, a lawyer in City Attorney Dennis Herrera’s office, told us San Francisco is waiting to see what happens in San Jose before making the next move, though an appeal is planned regardless of that outcome. In the past the Supreme Court has ruled that the appearance of corruption in elections is sufficient grounds for restricting campaign contributions, and San Francisco’s history provides ample examples from which to draw to support that decision.

"We don’t know if it will get back to court before November 2008," O’Leary said of the case, "but it’s certainly something to watch in that election."

Meanwhile, over in Sacramento, legislators on cruise control recently passed a bill that may make it impossible for San Francisco to write its election laws anyway. Gov. Arnold Schwarzenegger just signed Assembly Bill 1430, and according to the legislative digest, the new law "prohibits local governments from adopting campaign finance ordinances that restrict communications between an organization and its members unless state law similarly restricts such communications, or by regulation by the Fair Political Practices Commission."

Proponents say the new law will resolve conflicting interpretations of campaign finance regulations, but opponents say it preserves wide-open loopholes in the Political Reform Act that local jurisdictions have tried to close. For example, a person may be prohibited by the city from giving more than $500 to support a certain candidate. That person can, however, give as much as $30,200 to the Democratic Party, which can then "communicate" a message of support for that candidate to its members.

A recent and egregious example: in San Diego the county Republican Party spent almost $1 million on local races in 2006.

The bill was authored by Carlsbad Republican Martin Garrick and flew through the State Assembly unopposed. Assemblymember Mark Leno told us it came to the Elections Committee, on which he sits, with no vocal opposition, so he gave it an aye. One of his aides, however, became concerned and started making calls. Eventually, Common Cause and the League of Women Voters rallied against it, but it only hit a speed bump in the State Senate. There was still too much support from the Democrats to kill it. Leno said, "It’s an uncommon situation to have the left and right supporting something that in fact runs counter to local election laws."

Only nine senators opposed the bill, including Carole Migden and Leland Yee. "She thought it was an end around campaign finance laws," Migden aide Eric Potashner told us.

San Francisco’s Ethics Commission also took a look at the bill and gave it a 5–0 thumbs-down, resolving to send a letter to both the mayor and the Board of Supervisors urging them to speak against it. Neither did. "The Mayor supports AB1430," his press secretary, Nathan Ballard, told us by e-mail. "He has some concerns about the local control issue, but ultimately those concerns are overridden by his belief that groups like labor unions and the Democratic Party should be allowed to communicate directly with their members."

The governor’s signature now makes it more difficult to pass future measures like Prop O.

Neither the injunction nor the new law seems to be affecting the Nov. 6 election — the FPPC won’t be ruling on AB 1430 until January, though the commission is holding a hearing for interested people to speak in Sacramento on Nov. 2.

Though BOMA and the Committee on Jobs stated in their filing for the injunction that the law harms their ability to raise and spend money for candidates in this November’s election, nothing on record with the Ethics Commission shows they’ve been putting up a lot of money for Newsom, Kamala Harris, or Michael Hennessey. But there’s always next year.

The poison in your sofa

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OPINION If your sofa was purchased in California after 1975, chances are its interior foam and cushions contain either brominated or chlorinated fire retardants. These toxic chemicals have been shown to cause cancer, reproductive problems, learning disabilities, and thyroid disease in laboratory animals and house cats. At the same time, these chemicals are climbing the food chain in increasing concentrations and are found in fish, harbor seals in San Francisco Bay, polar bears, bird eggs, and the animal at the very top of the food chain — breast-fed human babies.

A little-known California regulation known as Technical Bulletin 117 requires that the polyurethane foam in furniture withstand an open flame for 12 seconds without catching fire. This 30-year-old regulation is well intended, and upholstered furniture fires are a serious concern. However, since 1975 no other jurisdiction in the world has followed California’s lead, and other states have achieved similar or greater reductions in fire-related deaths without this standard.

Because brominated and chlorinated fire retardants don’t react chemically with foam, their molecules have a tendency to attach to dust particles in furniture. Each time someone sits on a sofa cushion, the dust particles escape into the air and can be inhaled or settle on the floor, where toddlers and house cats live and play.

These fire-retardant molecules mimic thyroid hormone, which in pregnant women regulates the sex and brain development of the unborn child. This mimicking is called endocrine disruption, and brominated and chlorinated fire retardants in even infinitesimal amounts can cause harm to human and animal health through this process.

Many national furniture manufacturers distribute only California-compliant furniture, which means that up to 10 percent by weight of foam cushions are composed of toxic chemicals. California’s standard is poisoning the whole nation, one sofa at a time.

The good news is that there are safer chemical and construction-based alternatives already in the marketplace that can provide an equivalent level of fire safety without the use of brominated and chlorinated fire retardants. The institutional-furniture industry and the mattress industry already comply with tough fire standards and do so without the use of these toxic chemicals.

Residential-furniture manufacturers could do so as well, except that state law and TB 117 prevent it. That’s why I have authored Assembly Bill 706, which would modify our outdated foam test. A modern residential-furniture standard, such as the one developed in California for mattresses, should address how the various components of furniture can together achieve equal or better fire safety without using the most toxic fire retardants.

AB 706 would establish a comprehensive process for weighing the issues of fire safety and chemical exposures. It would rightly rest the responsibility for assessing toxicity with state toxicologists, require the fire-retardant industry to prove that its products are safe, and leave the final decision on whether to prohibit a particular chemical to the state’s fire-safety scientists.

Soon the decision of whether California will continue to poison our kids and the rest of the nation will be made by Gov. Arnold Schwarzenegger. Thus far, state agencies have been directed from the top to oppose AB 706. The question for Gov. Schwarzenegger is, how loudly must our babies cry before toxic, cancer-causing, endocrine-disrupting chemicals are removed from our furniture?<\!s>*

Mark Leno

Mark Leno represents San Francisco in the State Assembly.

Their neighborhood

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› amanda@sfbg.com

Some interesting mail landed in the boxes of Potrero Hill residents last week: flyers with a photograph of industrial stacks spewing plumes of pollution. They read, "Potrero Hill doesn’t need three more power plants in our neighborhood."

There’s a handy clip-out membership card to join the Close It! Coalition, from which you can "find out more about the city’s rush to judgment and their plan to put more power plants in our neighborhood." The return address on the card is 77 Beale, which isn’t in "our" neighborhood at all.

It’s the address of the downtown headquarters of Pacific Gas and Electric Co.

The utility, in the guise of a grassroots community organization, is opposing the contract that the San Francisco Public Utilities Commission is currently hammering out with a private company, J-Power USA, to build a new 145-megawatt, natural gas–<\d>fired power plant on a four-acre plot at 25th and Maryland streets. The plant would be owned and operated by J-Power for a period of 10 to 12 years, after which the title would turn over to the city.

This so-called peaker plant, one of three that would run when San Francisco’s power needs exceed the normal load, would be cleaner burning than Mirant’s dirty old Potrero Hill power plant, which city officials and environmentalists want closed. Mirant’s "Reliability Must Run" contract with the California Independent System Operator (Cal-ISO) could be terminated once the three peakers (whose generators the city received years ago through a lawsuit settlement) are built, according to the SFPUC.

Though PG&E, which has a questionable environmental record, claims to be against the peaker plants for pollution reasons, public power advocates say this is really opposition to the city owning its power sources. "PG&E has finally gone over the line. This is a good thing because this is so egregious and so transparent," said Joe Boss, a Dogpatch resident who received the mailer. "They’ll do all they can do to kill public power in San Francisco."

Boss and a group of neighborhood activists who support the construction of the peakers have put together their own mailer countering the claims of the Close It! Coalition, which has been dormant lately but was active prior to 2006, when community activists were fighting for the shuttering of PG&E’s Hunters Point power plant.

Other anti–<\d>public power literature also circulated recently in supervisorial district 11, where the California Urban Issues Project sent a flyer urging residents to oppose Community Choice Aggregation, the city’s gradual public power plan that is focused mostly on renewable energy sources. The mailer was apparently sent before the Board of Supervisors voted to approve the plan, which it did in June.

Sup. Ross Mirkarimi, who coauthored the CCA legislation with Sup. Tom Ammiano, called the CUIP flyer "shameful" and told the Guardian, "This is signature PG&E, but it’s not just PG&E. It now very well implicates the [Gavin] Newsom administration either with complicity or silence." The CUIP board includes Committee on Jobs director Nathan Nayman, small-business advocate and Newsom appointee Jordanna Thigpen, Democratic Party political consultant Rich Schlackman, Golden Gate Restaurant Association executive director Kevin Westlye, and other Newsom supporters.

Newsom signed the CCA legislation but tacked on a letter vaguely expressing concerns about the plan. He recently authored a letter to Cal-ISO expressing his support for the peaker project. While PG&E is opposing peakers here, it has plans under way to build at least two farther south, near communities it is also battling.

The San Joaquin Valley Power Authority has filed a formal complaint against PG&E with the California Public Utilities Commission regarding how the utility is conducting itself as the community moves forward with a plan for public power.

The SJVPA is a group of 11 cities and two counties, representing about 300,000 citizens, that has filed a plan with the CPUC to purchase its power through a CCA plan. Assembly Bill 117, written by Sen. Carole Migden when she was in the State Assembly and made law in 2004, allows communities to act as their own wholesale power customers and purchase electricity for residents.

San Francisco, Marin, Berkeley, Oakland, and Emeryville are working on CCA plans, but the SJVPA is the furthest along. With CCA, power is still transmitted by utility companies, but residents pay their electricity bills to the city. The SJVPA plans to build its own 500 MW power plant — which PG&E also opposes, claiming studies show it isn’t necessary — and has issued a request for proposals from interested companies for 400 MW of renewable energy. It estimates citizens would save about 5 percent with CCA.

But representatives of PG&E have been attending city council meetings in the area and even holding their own informational workshops at which they refute elements of the CCA plan.

In a lengthy memo sent to a Hanford City Council member and very similar in tone and content to one distributed to San Francisco nonprofit organizations a couple of months ago, PG&E offers misleading claims such as "Over 30 percent of PG&E’s supply comes from a diverse portfolio of renewable energy … about 20 percent comes from PG&E’s large hydro system, and approximately 12 percent comes from smaller renewable generation sources."

But according to state law, a large hydro system does not qualify as a renewable energy source — a rule the utility doesn’t apply to itself but is quick to point out a paragraph later when it attacks the CCA plan for renewable energy.

The SJVPA complaint details several examples of PG&E spokespeople cautioning against the plan in local media and at public meetings. CEO Peter Darbee even penned an editorial for the Fresno Bee in which he wrote, "The fundamental problem with the program is that the numbers don’t add up," a statement he attempted to clarify with unsourced data showing that rates will go up even if the CCA plan says they won’t. Darbee went on to say that PG&E is just looking out for the best interests of the people.

The Fresno City Council recently voted 4–<\d>3 not to join the SJVPA, a close vote that "was based in large part on PG&E raising questions," said David Orth, the general manager of the Kings River Conservation District, which is overseeing the implementation of the CCA plan. "That is their intent, frankly — to clutter the discussion and decision-making field with a lot of uncertainties and threats of complexity."

Fresno would have been the largest consumer of power in the coalition, using 45 percent of its electricity.

Orth said obfuscation has been the utility’s tool, coupled with reassurances that power "is too difficult for you to understand, so accept the status quo."

He said PG&E hasn’t been entirely factual with its advice and cited a specific example in which PG&E claimed that if a community opted out of CCA after joining, it could be liable for as much as $11 million. "It was a fabricated number, and it was a fabricated scenario, but it lead certain council members to believe there was a risk we weren’t explaining," Orth said.

Lawyers representing the SJVPA say the utility is using ratepayer funds for its anti-CCA marketing, and that’s a violation of the CPUC’s rules. AB 117 states clearly that utilities should cooperate fully with municipalities enacting CCA plans. In a December 2005 decision seeking to clarify how CCAs will be implemented, the CPUC wrote, "There is little if any benefit from permitting a battle for market share between CCAs and utilities. Of course, we expect utilities to answer questions about their own rates and services and the process by which utilities will cut-over customers to the CCA. However, if they provide [sic] affirmatively contact customers in efforts to retain them or otherwise engage in actively marketing services, they should conduct those activities at shareholder expense. We do not believe utility ratepayers should be forced to support such marketing."

"SJVPA is informed and believes and thereon alleges that these marketing and related activities were undertaken at PG&E’s ratepayer expense to compete against SJVPA," the authority’s lawyers wrote in the complaint to the CPUC.

Even if PG&E is drawing from the proper budget for the marketing, the appearance that it isn’t needs to be addressed, and the SJVPA complaint further calls on the CPUC to clarify its rules on what utilities can and can’t do. Local customer representatives, usually salaried by ratepayer funds, are telling folks to stick with PG&E, and that’s a betrayal of trust. "You have someone who’s worked with a customer for years and years and years saying, ‘Don’t support CCA,’<\!q>" Orth said.

PG&E, which has disputed the allegations in the SJVPA complaint, did not return our calls seeking comment. The two parties are currently in mediation, and SJVPA attorney Scott Blaising said the utility has yet to provide solid evidence that ratepayer money isn’t footing the bill for the anti-CCA marketing. Southern California Edison Co., which provides about a quarter of the SJVPA’s current power, has not been as contentious as PG&E, Orth said.

"Theoretically, [anti-CCA marketing] should be covered by shareholders," said Bill Marcus, an energy consultant who works with the Utility Reform Network. "Realistically, a bunch of it leaks into ratepayer accounts."

He pointed out that PG&E’s budget allocation for local public affairs has stood at 22 percent over the course of several general rate cases, despite clear peaks in marketing for certain campaigns.

Some San Franciscans will be closely watching what happens next as a sign of things to come as this city moves forward with its CCA plan. As Mirkarimi told us, "What San Joaquin is experiencing is likely a prelude to what San Francisco will be confronting as it pertains to PG&E’s desire to deny CCA and San Francisco’s pursuit of energy independence."

Migden, who wrote the CCA law, said, "PG&E’s alleged actions controvert the letter and the spirit of the bill. The utility and the SFPUC should take heed, because green public power is the people’s passion."<\!s>*

PS PG&E can’t even get its own Web site right.

Gutting campaign reform

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EDITORIAL A bill that could gut many local campaign finance laws is zipping through the legislature with the support of both the Republican and Democratic parties — and only a few activists seem to be paying attention. We’ve written about the bill, AB 1430 by Assemblymember Martin Garrick (R–San Diego), on the politics blog at www.sfbg.com. It has already cleared the State Assembly, 77–0, and is headed to the State Senate floor, where only one member — Carole Migden of San Francisco — has come out in opposition.

The Republicans and the Democrats love this bill because it would allow their parties to use unlimited amounts of money to support local candidates. That’s become increasingly common in this state; when cities set strict limits on contributions to political candidates, the candidates simply ask their big-money backers to give the money to the state Republican or Democratic Party — which then funnels the laundered, uncontrolled, and often unreported cash into local campaigns.

In fact, the bill comes from the San Diego GOP, which is angry that the San Diego Ethics Commission tried to crack down on nearly a million dollars in unregulated money that went to local races last year.

The bill talks about "membership communications" — as if the parties were simple nonprofits that wanted to send newsletters to their members. That’s not what’s going on at all, and everyone with any sense knows it. Here’s the real story: while the federal and state governments have refused to do any real campaign finance reform, cities and counties all over California have tried to fill the gap. The San Francisco Ethics Commission — for all of its obviously failings (see "Whose Ethics?," 7/11/07) — has the authority and the mandate to regulate local campaigns far more tightly than the state’s Fair Political Practices Commission. So the big donors, working through the state parties, are trying to figure out ways to circumvent local rules.

The conservatives in the State Legislature love to talk about local control when it comes to workplace regulations, environmental protection, and schools — but when a bill like this comes along and threatens to eviscerate local control, they utter not a peep. Nor, for the most part, do the liberals, who are aligned with the Democratic Party and don’t want to defy its mandates.

The San Francisco Ethics Commission has asked Mayor Gavin Newsom and the supervisors to oppose this bill, but the board has taken no action, and the mayor says he actually supports the bill. That’s a disgrace: at the very least, the supervisors should pass a resolution opposing AB 1430 and force the mayor to veto it.

Migden, after talking to the folks at California Common Cause, the public interest campaign organization, took a bold stand against the measure, and she deserves tremendous credit for that. Now the rest of the senate — starting with Leland Yee of San Francisco and President Pro Tem Don Perata of Oakland — needs to go along and kill this monster. *