He was defeated for re-election in 2008. Also in 2008 he was part of the "Chevron 5" along with councilmembers Maria Viramontes, Harpreet Sandhu, Ludmyrna Lopez, and Nat Bates supporting massive expansion of the Chevron Richmond Refinery. He also opposed measure T, a voter initiative passed by the people of Richmond that taxed the company 16,000,000 dollars annually in order to pay for city services. Also at this time Chevron Corporation gave BAPAC $1,500 that was used in his campaign.