Gavin Newsom

Wrong side of history

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tredmond@sfbg.com

In June, 2006, the august and powerful Association of Alternative Newsweeklies held its convention in Little Rock, Arkansas — and to the surprise of most of us, former President Bill Clinton agreed to come and speak. He even took questions.

I had one.

“Mr. President,” I said, “when Lyndon Johnson signed the Civil Rights Act, he knew it would cost his party votes in the South. But he did it anyway, because it was the right thing to do. Same-sex marriage is a civil-rights issue; why can’t Democrats like you stand up and support it?”

He ducked brilliantly, telling us all the great things he did for gay people (I know, Jim Hormel, ambassador to Luxembourg). He never answered the question.

That was how much of the Democratic Party leadership was acting in the days (and years) after Gavin Newsom set off a political bombshell in 2004 by legalizing same-sex marriage in San Francisco. Newsom got calls from a wide range of liberal party leaders begging him to reconsider. Even San Francisco Dems made statements that, in retrospect, are mortifying.

So as we prepare for the Supreme Court to decide if it’s on the right side of history, let us take a moment to reflect on all the Democrats who weren’t.

Leading the list is Sen. Dianne Feinstein, who now supports marriage equality but at the time proclaimed that it was “too much, too fast, too soon.” (In other words, just be patient, little gay ones, your time will come. Eventually.)

Even Rep. Barney Frank, the first openly gay member of Congress, said Newsom had broken the law and would only “feed the flames of fear.”

Rep. Nancy Pelosi for the first weeks of the city gay marriage celebrations stayed far, far away from the issue, although (after she realized how immensely popular the move was in her district) she broke down in late March 2004 and said she approved of Newsom’s actions.

Sen. John Kerry, during the 2004 presidential campaign, not only proclaimed that only a man and a woman could get married but said he would support state legislation banning same-sex nuptials. He didn’t publicly change his mind until 2011.

Barack Obama, as a candidate for president, never endorsed same-sex marriage and, according to some accounts, refused to have his picture taken with Newsom at a 2004 fundraiser in SF. In fact, during the 2008 Democratic primary, none of the major candidates endorsed same-sex marriage. Some of the commentary was laughable — then-Gov. Arnold Schwarzenegger proclaimed that “gay marriage is between a man and a woman,” and the Hartford Courant denounced Newsom for “turning City Hall into a wedding mill for homosexuals.” Chronicle columnist Debra Saunders, who said she supported same-sex marriage, said the mayor’s “lawlessness” was “just unbelievable.” But on a more sober note, there were, in February, 2004, exactly zero major national Democratic Party officials who came to Newsom’s support. Most of them ran for cover. And when the US Supreme Court decides, as it must, that marriage is a civil right for all, they’ll have a lot of explaining to do.

Final step?

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steve@sfbg.com

President Barack Obama is fond of reciting the Martin Luther King Jr. quote, “The arc of history is long, but it bends toward justice.” On the issue of marriage equality, that arc looks more like a zig-zagging path that began when San Francisco unilaterally began issuing marriage license to same-sex couples just before Valentines Day in 2004 and ending — its backers hope — in June 2013 with the US Supreme Court affirming the basic constitutional right of everyone to marry whomever they want and to have those marriages treated equally under the law.

“We’ve seen the ups and the downs, the highs and the lows,” said City Attorney Dennis Herrera, who has watched court injunctions blocking marriages by the city, the California Supreme Court ruling that the ban on same-sex marriage violated the state constitution, the 2008 vote amending the constitution through Proposition. 8, and the Ninth Circuit Court ruling that the measure violated federal equal protection standards.

Yet few officials or legal experts are willing to predict with any certainty that this long and winding road will end with a definitive conclusion in June. In fact, Herrera and other same-sex marriage supporters expressed disappointment Dec. 7 when the Supreme Court announced it had decided to review the Ninth Circuit Court ruling that Proposition 8 was unconstitutional.

Letting the ruling in Perry v. Brown stand would have re-legalized same-sex marriages in California, which would have joined the nine other states and the District of Columbia as places where it’s legal for gays and lesbians to get hitched. Yet in taking the case — along with U.S. v. Windsor, which challenges the Defense of Marriage Act and its prohibition on recognizing the inheritance law and tax code rights of same-sex spouses — the court could issue a landmark civil rights ruling striking down all laws that discriminate against same-sex couples.

That’s the hope of California Attorney General Kamala Harris. “Are we a country that is true to its word and true to its spirit, or not?” was how Harris framed the question at a Dec. 7 press conference with Herrera. She focused on the basic equal protection argument and the need to “stand for the principle that we are equal and we will be treated that way.”

Herrera, who had just gotten off a conference call with lead attorneys Theodore Olson and David Boies and the rest of the advocates who are defending same-sex marriage, told reporters that the main goal was a broad ruling: “Ted Olson has made it clear he’s going to make a very broad argument.” Yet the Supreme Court could also issue a narrow ruling, extending the twisty path of this issue.

As for reading the tea leaves, Deputy City Attorney Terry Stewart, who has litigated the city’s position since the beginning, said she doesn’t think anyone knows how this case is going to be resolved — not even the Supreme Court justices themselves. “I don’t think they know, to be honest with you,” Stewart said when asked whether taking the Perry and DOMA cases indicate a willingness to finally settle the broad question of whether same-sex couples should be treated equally to heterosexual couples.

She noted that the Supreme Court waited until the last minute — its decision had initially been expected on Nov. 30 — to decide to take the cases: “They took a long time, so clearly they’re wrestling with it.”

Like many observers, Harris speculated that Justice Kennedy is the likely swing vote if the court reaches a 5-4 ruling on the issue, and some have speculated that Chief Justice Roberts could also be a surprisingly liberal vote on the issue, as he was earlier this year in upholding Obamacare. And the advocates say their optimism is reinforced by the long and meticulous case for marriage equality that advocates put together in the courtroom of federal Judge Vaughn Walker, whose 2010 ruling the Ninth Circuit upheld.

“We worked really hard to put in the best possible case,” Stewart said, while Herrera said, “I can think of no better case to take up than this case…The confidence level of all of us is high.”

Yet even if it turns out that there are a few more turns to navigate before justice prevails on what Harris called “the civil rights struggle of our time,” the advocates are pledging to win marriage equality in California next year, even if that means going back to the ballot. “We’re going to win this fight one way or another,” Sup. Scott Wiener said at the press conference, with Sup. David Campos later adding, “the question is whether the Supreme Court chooses to be on the right side or history or the wrong side of history.” It was a theme that Lt. Gov. Gavin Newsom — who started us down this path with his unilateral decision as mayor to issue marriage licenses to same-sex couples — echoed in public statement he released: “Today’s announcement starts the clock towards the final decision for California. History will one day be divided into the time before marriage equality and the period that follows. And thankfully, we will be on the side of history worthy of being proud of.”

Herrera and other officials disappointed but hopeful as Supreme Court takes marriage equality case

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City Attorney Dennis Herrera, Deputy City Attorney Theresa Stewart, California Attorney General Kamala Harris, and other officials who held a press conference at City Hall today admitted they were disappointed that the US Supreme Court has decided to review the Ninth Circuit Court ruling that Proposition 8, the 2008 measure banning same-sex marriage in California, was unconstitutional.

“But we can’t let that obscure the tremendous progress that we’ve made in California on marriage equality,” said Herrera, who has been at the center of a struggle that began in 2004 when then-Mayor Gavin Newsom decided the city should begin unilaterally issuing marriage licenses to same-sex couples, in defiance of state and federal law.

“I’d be lying if I didn’t say I was a little disappointed,” said Stewart, who has been the city’s main litigator on the issue as it moved through court injunctions blocking marriages by the city, the California Supreme Court ruling the ban on same-sex marriage violated the state constitution, the vote amending the constitution through Prop. 8, and the Ninth Circuit ruling Prop. 8 violated federal equal protection standards.

Herrera and Stewart both expressed confidence that the Prop. 8 case that the Supreme Court will review, Perry v. Brown, was put together in a solid, meticulous way that will make it difficult for the US Supreme Court to disagree with the Ninth Circuit conclusion. “We worked really hard to put in the best possible case,” Stewart said, while Herrera said, “I can think of no better case to take up than this case…The confidence level of all of us is high.”

They also expressed hopes that the strategy of lead attorney Theodore Olsen to make broad arguments that any legal distinctions denying rights to homosexuals are unconstitutional – as opposed to the city’s more narrow approach that Prop. 8 doesn’t pass legal muster, which Herrera called “complementary” to Olsen’s approach – would be successful in making this case a definitive civil rights victory.

“Are we a country that is true to its word and true to its spirit, or not?” is how Harris framed the question, focusing on the basic equal protection argument and the need to “stand for the principle that we are equal and we will be treated that way.”

She and others called this “the civil rights struggle of our time,” and they pledged to win this issue now, no matter what. “I am optimistic that we’re going to win at the Supreme Court,” Sup. Scott Wiener said, pledging to win the right to marry at the ballot box even if the court doesn’t affirm that right. “We’re going to win this fight one way or another.”

Sup. David Campos, who is also gay, agreed that same-sex marriage will again be legal in California and “the question is whether the Supreme Court chooses to be on the right side or history or the wrong side of history.”

Same-sex marriage: What they’re saying

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Lots of statements getting issued on the Supreme Court’s decision, reflecting both the desire of many elected officials to weigh in on this momentus event and some interesting differences in tone.

Assembly Member Tom Ammiano:

 

“This doesn’t decide anything on its own, but it opens the door for the U.S. Supreme Court to acknowledge that people in every state of this union should be able to form marriage unions with the partner of their choosing and not be limited by outdated customs and laws.”

“It’s a bit disappointing that the Supreme Court isn’t already kicking Prop. 8 to the curb, but I’m hopeful that they will do that after hearing arguments. We can also hope that this court decides that it’s time to say, once and for all, that denying this right to same-sex couples is just as unconstitutional as denying marriage to mixed-race couples – a decision made decades ago.”

State Sen. Mark Leno:

“I am hopeful and encouraged about today’s decision from the U.S. Supreme Court to review the Proposition 8 case, which is one of the most significant equal rights issues to come before the court in many decades,” said Senator Leno. “For the past four years we have argued that Proposition 8 is not only unconstitutional, but that it also violates the basic principles of respect, dignity and validation that every American deserves. I am confident that the Supreme Court will reaffirm these fundamental freedoms and uphold that a person’s right to be treated equally does not vanish simply because of who they are or whom they love.

 

“The momentum for marriage equality has never been stronger in our country. We have support from President Obama, recent victories at the ballot box, and polls that show a majority of Americans are with us. In addition, federal courts continue to strike down laws that discriminate against lesbian, gay, bisexual and transgender people. I am convinced our triumphs will continue.”

 

Mayor Ed Lee:

 

“I am optimistic that the Supreme Court will reaffirm, as the Ninth Circuit Court did, that California’s Proposition 8 is unconstitutional.

“We remain as deeply committed today as we were nearly eight years ago when then Mayor Gavin Newsom jumpstarted one of the most important civil rights movements of our generation. I would like to thank City Attorney Dennis Herrera for his work on this important issue and bringing us to this point. I thank the legal team of Ted Olson and David Boies and the American Foundation for Equal Rights for defending equality in this legal pursuit. 

Same-sex marriage is legal, or will soon be, in nine states — Connecticut, Iowa, Maine, Maryland, Massachusetts, New Hampshire, New York, Vermont, Washington — and the District of Columbia. I look forward to the day when California joins this well-respected list.”

 

Lt. Gov. Gavin Newsom:

 

Today marks the beginning of the end for a California journey that started eight years ago when San Francisco issued same-sex marriage licenses. By agreeing to hear the Proposition 8  case the U.S. Supreme Court could end, once and for all, marriage inequity in California.

Forty-five years after the Supreme Court ruled that marriages between interracial couples were constitutional in Loving vs. Virginia, Justices can once again reaffirm the basic American principal of equality for all.

The singling out a class of Californians for discrimination violates the basic principles of who we are as a nation. It is important at this moment in time to recognize that individuals can be mightier together than apart, that there is strength in our diversity, power when we unite around our shared values and success when we advance together.

 Today’s announcement starts the clock towards the final decision for California. History will one day be divided into the time before marriage equality and the period that follows. And thankfully, we will be on the side of history worthy of being proud of.

 

 

Assembly Speaker John Perez:

“Today’s announcement that the Supreme Court will take up Hollingsworth v. Perry and the challenges to the Defense of Marriage Act is a reminder that the pathway to justice is long and difficult. The plaintiffs in the initial challenge to Proposition 8, Perry v. Schwarzenegger, presented a powerful and compelling argument that Proposition 8 is unconstitutional, which was eloquently recognized in Judge Vaughn Walker’s ruling in that case. I am very confident that the Supreme Court will rule in favor of our community in Hollingsworth v. Perry, as it is now known, and affirm that Proposition 8 is unconstitutional. But until that outcome is secured, our community must continue to fight for justice on every front, from working to secure the Employment Non-Discrimination Act to addressing the issues of homelessness among LGBT Youth.”

Rep. Nancy Pelosi:

 

 

 

With the Supreme Court’s decision, marriage equality will finally have its day in the highest court in the land. Americans will hear whether inequality and discrimination are consistent with the high standards and deepest values of our Constitution. We remain confident that the justices’ ruling will fall on the side of civil rights and discard DOMA and Prop 8 in the dustbin of history.

“From the start, Republicans have known that DOMA is unconstitutional, and that’s why Republicans have tried to pass legislation to prohibit judicial review of this disgraceful law. Speaker Boehner’s legal team repeatedly failed to convince the courts to keep denying basic rights to American families, all while wasting nearly $1.5 million in taxpayer funds. Now, the Supreme Court will decide whether Edie Windsor deserved to face a penalty of hundreds of thousands of dollars after her partner of four decades passed away. We believe Ms. Windsor and couples like hers will see justice done in this case.

“By taking up the Prop 8 case, the Supreme Court will have the opportunity to make a strong statement that laws, in California and nationwide, must not target the LGBT community unfairly and that families across our state and our country deserve fair and equal treatment under the law.

“We have now reached a landmark moment in the history of civil rights in our nation. Let’s end discrimination and ensure equality for all of America’s families. Let’s get this over with and on to the future!”

UPDATE:

Bay Guardian Controller Sandy Lange:

“Well, at least I don’t have to get married this weekend.”

 

 

Free the free

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VISUAL ART It starts with the streets. Walls, the texture of walls, rough and colored in swirls of graffiti letters. Walls you feel you could reach out and touch their cold and grit. Establishing shots — the streets of San Francisco in the dot-com era. The photos are of their times: an unattended shopping cart in the streets appears as early as page three. Soon follows the spray-painted legend, “Don’t let the good times fool you.”

The pictures are inscrutable, their sequence seemingly random. Yet other than the gnomic title (Friendship Between Artists is an Equation of Love and Survival), the only text in Xara Thustra’s self-published new book’s 500 pages is a brief intro from the author insisting that the book is meant to be read from left to right, from top and bottom in the order the photos appear. There are no captions or prompts to lead the viewer. It is the mute gravity of the photos that pulls you in. What is happening here? It’s like finding a box of photos on a trash pile in the Mission — old furniture, clothes out on the curb, a pile of books and CDs. Why is all this stuff in the trash? Did the owners die? Or get evicted? Photos of strangers. You go from one photo to the next and the outline of a missing life starts to appear. What is happening here?

The action moves in and out of the streets, cinematic — the interiors dark, claustrophobic. The streets provide narration. Everything is spray painted. Demand Community Control. Everything bright, everything clean. Everything they build be like fuck you, fuck you, fuck you. Familiar everyday locations have become enlisted as battlegrounds. At the Dolores Park tennis courts, someone has hung a screen on the fence, painted so that it reads “Sink the Ship” in shimmery, see-through letters. A subliminal message to the tennis players visible on the other side? Or a secret signal to an unseen underground army?

Cut to the interior. Some dim locations start to become recognizable: a performance crammed into a corner of Adobe Books, a crowd seen through a doorway at the old Needles and Pens. The images are at times grainy and low res, like bad cell phone photos or surveillance camera footage. Much is shot in indistinct rooms or hallways, tightly cropped. The people in the interiors model homemade clothing or stare back at us from unmade beds. They are dancing in high heels or fucking each other, holding whips and dildos. No one is smiling. Instead they stare defiantly into the camera as if to ask, “Who are you to watch? Which side are you on?” This is not the careless and fashionable hedonism of Ryan McGinley photos. Instead, like the subjects of Nan Goldin photos, the people in these images know how much their search for freedom costs, and who will have to pay.

Meanwhile, the battle in the streets continues. Scum bags dressed as imposter yuppies stand in front of the mall on Market Street, holding handmade signs reading, “The bombs are dropping, lets go shopping!” An effigy of Gavin Newsom burns at 18th and Castro. Back inside, homeless guys from Fifth and Market calmly eat free breakfast at the 949 Market Squat. More drab interiors, more surveillance footage, and then what is happening here? Scenes of naked people grimly carving designs into each other with razors, holding dripping, bleeding arms up to the camera. It must be 2005, I think, when we all started to give up on ever stopping the war and just started hurting each other.

Full disclosure: I am in this book. I might be too close to the people and events depicted to discern whether the images are strictly documentary or whether their arrangement is intended to create a new story. But the juxtapositions, eerie and dreamlike, pack a wallop. In one two page spread, my dead friend, Pete Lum, stairs from the left page into another photograph on the right of an unknown drag queen out front of Aunt Charlie’s on Turk Street. Their eyes seem to meet across the gutter of the book and across time and space, as if sharing a secret the rest of us cannot know.

Ultimately, perhaps the one indisputable narrative of the book is the tremendous progression in Xara Thustra’s artwork, as the early agitprop graffiti by “Heart 101” in support of street protests slowly morphs into a far more ambitious project, an ongoing collaboration with countless others through performance, print, and cinema to abandon protest and instead collectively embody through art the autonomy and ethics of a truly different world. Perhaps inevitably then, Friendship Between Artists is both a monumental achievement and something of an anti-climax. The protests, the willful art world obscurity, the dead friends — what did it all add up to?

I am certain, anyway, that nothing in the book was conceived with the idea that it would one day appear in an art book. Instead, the interventions, experiments, and protests detailed herein, while at times quite joyous, were, as the book’s title suggests, originally part of a deadly serious struggle to keep oppositional culture alive in San Francisco, and for many that struggle now feels lost. But life must go on, and this is no museum piece.

The book’s 500 pages positively overflow with life, salvaging from oblivion the raw, visceral feel of 15 years of ephemeral underground freedom. While some will be haunted by the suspicion that the answer to the above question is “not enough,” the people in these photos stare into the camera and demand we consider instead a hard-earned and far more redemptive possibility: that this isn’t an art project, it’s how we live. This isn’t representation of a different reality, but about being a different reality. And fuck you, anyway, because being free is its own reward.

For an interview with Xara Thustra, visit sfbg.com/pixel_vision.

XARA THUSTRA BOOK RELEASE AND SOLO SHOW

Thu/6, 7-9pm, free

Needles and Pens

3252 16th St., SF

www.needles-pens.com

 

Guns in Bayview

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The National Rifle Association’s bid to kill two San Francisco gun control ordinances — which a federal judge initially rejected last week, although that legal process continues — highlights differing views on the issue in the violence-plagued Bayview, where two prominent activists have opposing viewpoints.

One ordinance requires guns in the home to be locked up when not on the owner’s person and the second bans the sale of fragmenting and expanding bullets, affecting only the city’s sole gun store: High Bridge Arms, in the Mission district.

The first ordinance was introduced in 2007 by then-Mayor Gavin Newsom and supported by Sheriff and then-Sup. Ross Mirkarimi and opposed by three supervisors: Ed Jew, Aaron Peskin, and Chris Daly. City Attorney Dennis Herrera was pleased at the judge’s ruling.

“The NRA took aim at San Francisco’s Police Code,” Herrera said in a press release. “I’m proud of the efforts we’ve made to beat back these legal challenges, and preserve local laws that can save lives.”

NRA attorney C.D. Michel told the San Francisco Examiner, “This is not over, not by a long shot…What if you’re old and need glasses in the middle of the night, or you have kids at home to protect? Why are they being forced to keep their guns locked up?”

Interestingly, its not the NRA’s name on the front of the lawsuit, entitled “Espanola Jackson v. City and County of San Francisco.”

Jackson, a San Francisco native and longtime Bayview Hunter’s Point civil rights activist, has been fighting for the rights of minorities since she was old enough to hold a picket sign. She was recognized last May by the San Francisco Human Rights Commission with a “Legacy Award for a Lifetime in Human Rights Advocacy.”

So why is she advocating for unlocked guns in the home, and more lethal bullets?

“I live in the Bayview and I’m 79 years old,” she told The Guardian. “We’re mostly single women, but we need to have protection.”

She cited a recent police report she’d read of an elderly woman being assaulted by several teenage girls, just blocks from her home, as one of the many reasons she feels she needs protection in her own neighborhood.

Jackson said she’s had a lifetime of training with her firearm, although she wouldn’t identify the kind of weapon she wield. Back in the ’60s, she said, “they were calling us pistol packing mamas.” It’s that history, she said, that makes her feel safest with a gun in her drawer, where she can easily get it in case of a robbery.

But Theo Ellington — a board member of the Bayview Opera House and the Southeast Community Facilities Commission — sees the issue differently. Notably, as a member of the Young Black Democrats, he led the opposition against Mayor Ed Lee’s proposal to introduce “Stop and Frisk” policing to San Francisco. Lee abandoned the idea after activists cited rampant civil rights abuses under the policy in New York City.

Ellington thinks that overturning the San Francisco’s gun ordinances would be a bad idea. “We face a much greater risk if we fail to take measures to prevent [gun] accidents,” Ellington told us. “The last thing we want is for any weapons to be in the hands of children or for potential misuse.”

He has reason to be worried about the Bayview. Recent city statistics show an upswing in most crime categories in the district from 2011 to 2012, from homicides and rape to vehicle theft and burglaries. National studies have shown gun owners or their family members are more likely to get shot by guns kept in homes than are intruders. Public safety means different things in different areas, Ellington said, especially “when we’re dealing with a population that is plagued by gun violence.”

Editor’s notes

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tredmond@sfbg.com

EDITOR’S NOTES The San Francisco Local Agency Formation Commission is holding a hearing Dec. 7 on the Mayor’s Renewable Energy Task Force report. That may not sound like the most exciting moment in any of our lives — but it’s actually worth talking about, a lot. Because the city has a goal of reaching 100 percent renewable energy in just eight more years, and the task force think it can be done — and the report, while it has its moments, completely screws up the central tenet of any long-term renewables policy.

Background: Former Mayor Gavin Newsom, who was prone to making sweeping press statements about things he never really intended to do, proclaimed in 2010 that San Francisco would be free of all fossil fuel electricity in 10 years. Then he went on his merry way to the Lieutenant Governor’s Office.

It fell to his successor, Ed Lee, to figure out how to make this happen, so Lee appointed a task force to study the situation. A lot of the members were environmental activists; some were experts in solar energy. One, Ontario Smith, worked for Pacific Gas and Electric Co., hung up five minutes into the first phone-conference meeting, and took his name off the final report.

If you don’t think this is serious business, you haven’t been looking out the window this past week. Scientists are now saying that it’s already too late to prevent the surface temperature of the Earth from rising three degrees, which means volatile and dangerous weather patterns are going to be part of the future anyway, and things might get way, way worse. San Francisco’s energy policy isn’t going to prevent China from burning coal, but it’s a step — and a 100 percent renewable portfolio would be a signal to other cities (and countries) that this is economically and technically feasible.

The report has 39 recommendations, many of them simple, practical, and laudable. It talks (correctly) about the importance of distributed generation — that is, small-scale solar and other renewable systems on houses and commercial buildings. It gives a nod to CleanPowerSF, the city’s community-choice aggregation system.

And it never once mentions public power.

In fact, from the tone of the report, the city plans to get to 100 percent renewable generation with the support and assistance of PG&E.

Let me give you a ring on the clue phone, folks: It isn’t going to happen.

Private utilities don’t have any interest in distributed generation, because it, quite literally, destroys their business model. If I have solar panels on my roof that meet my family’s energy demands, I have no need for PG&E anymore (except to use the company’s grid as a storage battery system, but soon we won’t need that, either). The only functional path to 100 percent renewables in a dense city is small-scale generation — and PG&E stands directly in the way.

I’ve always been a proponent of public ownership of essential services — water, power, streets and roads, firefighting and police operations, broadband, etc. But when it comes to electricity, this is more than a financial and resource-control issue. I see no path to a carbon-free (and nuclear-free) future, in San Francisco or anywhere else, as long as private companies make profits generating power in one place, shipping it along their private lines, and selling it someplace else.

Public power is not sufficient to create Newsom’s energy dream — but it’s absolutely necessary. And I hope the members of LAFCO make that point — and suggest that the task force update its report to reflect economic and political reality.

The missing element of the Renewable Energy study

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Since San Francisco’s Local Agency Formation Commission is meeting Dec. 7 to talk about renewable energy, I went and read the 100-page report of the Mayor’s Task Force on Renewable Energy, which offers 39 different suggestions for meeting the goal of 100 renewable electricity in the city by 2020.

That’s a pretty ambitious goal. The guy who set it, Gavin Newsom, loved lofty, ambitious projects, particularly when he was never going to be the one to carry them out. So too here: Newsom announced the city’s goal in 2010, shortly before he left for the Lieutenant Governor’s Office. Ed Le convened the task force earlier this year, and the members, most of whom have legitimate qualifications for the job, got right to work.

The most important conclusion of the report: Yes, it’s financially and technologically feasible to generate all of San Francisco’s electricity from reneweable sources, and we can get their in a short eight years. One key element: More distributed generation — that is, the city needs to create financial and regulatory incentives for people to put solar panels on their roofs. In San Francisco, with sun much of the year (and small houses), a rooftop solar installation can pretty much power the average single-family home and can pick up a fair share of the load of the typical four-unit building.

But while the report gives a shout-out to CleanPowerSF, which will soon be offering 100 percent renewable energy service (for a slightly higher price), and talks about the need for the city to build its own renewable generation facilities, which have to be a part of the plan. But it has a glaring omission — it doesn’t once mention public power.

Why is that an omission? Because San Francisco is never getting to 100 percent renewables while Pacific Gas & Electric Co. still controls the grid.

Right now, with today’s technology, you can’t get close to 100 percent without a significant amount of distributed generation. Lots and lots of people have to generate their own power — at which point, they no longer need PG&E (except that, by law, the grid is the default storage battery, but that’s going to change soon, too). In simple terms, distributed generation puts private utilities out of business. So they won’t ever go for it, and will — quietly, behind the scenes — so everything possible to keep if from happening.

Likewise demand management, something the Renewable Energy Task Force discusses at length. San Francisco already gets about 40 percent of its electricity from the Hetch Hethcy hydro project; If the city could reduce its energy use by 20 percent, that’s 20 percent we don’t have to generate. And reducing use is way cheaper than building new generation facilities.

But why would PG&E want to sell less electricity? There are all sorts of state laws mandating efficiency, but no PG&E CEO is going to make that a big push; it costs the company money. A PG&E that sells 20 percent less electricity is a smaller PG&E, with smaller staff, smaller revenue, and smaller profits. 

That’s why the only way the key components of distributed generation and demand management are ever going to work is if San Francisco gets rid of PG&E and sets up a municipal system. Around the country, the munis are leading the way in renewables, because they have no stockholders to satisfy.

At least that ought to be part of the report, no?

 

UC Berkeley has a new chancellor, but his raise is blasted by Gov. Brown

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The University of California Board of Regents today approved the hiring of Columbia University Faculty Dean Nicholas Dirks as the new chancellor of UC Berkeley, a widely lauded selection, but one whose $50,000 pay increase over his predecessor was opposed and criticized by Gov. Jerry Brown and Lt. Gov. Gavin Newsom.

That $50,000 bump will be paid for by private donors through the university’s foundation, but the fact that Chancellor Dirks will be receiving a $487,000 annual salary and a bevy of perks from an underfunded university system that has put the squeeze on faculty and students in recent years still looks really bad.

During the conference call meeting, Brown said the big raise “does not fit within the spirit of servant leadership that I think will be required over the next several years,” according to an account by the Sacramento Bee.

Brown referred to the recent narrow passage of his tax package, Prop. 30, which helped avoid deep trigger cuts to education. “I’ve just come through a campaign where I’ve pledged the people that I will use their funds judiciously and with real stewardship, with prudence,” Brown reportedly said, later adding, “We are going to have to restrain this system in many, many of its elements and this will come with great resistance.”

Matt Haney, executive director of the UC Student Association, praised Brown’s stand. “We would echo those sentiments. At a time when students are paying more and getting less, and the people of California expect the UC to use its money on its most critical priorities, such as serving the students, it’s not the time to be giving more to those at the top,” Haney, who is also a newly elected member of the San Francisco Board of Education, told the Guardian.

Especially irksome to Haney is the fact that it didn’t appear Dirks really needed the extra money to bring him here, calling it a reflection of the mentality of the corporate titans that comprise the Board of Regents. “It’s another indication of the tone deafness of UC management and that’s a big concern,” Haney said. “It’s a reflection of a philosophy that’s problematic and that students have been critical of for a long time.”

While Haney acknowledges $50,000 isn’t a huge amount of money compared to the UC’s needs, he also said that this gesture is more than merely symbolic, noting that it feeds public perceptions that the UC is being wasteful and that could hurt the system’s ability to get needed resources from the Legislature or voters.

Brown also said that he wants the UC to demonstrate “greater efficiency, greater elegance, modesty.”

Dirks is a career academic and professor of anthropology and history, and you can see and hear from him in this You Tube video:

Profiling those who rely on HANC, which the city is evicting (VIDEO)

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The Haight Ashbury Neighborhood Council’s (HANC) Recycling Center has fought for the past decade to stay in its tiny corner of Golden Gate Park, behind Kezar stadium, and it may be days from closing. It’s been served with eviction notices from the city and weathered political tirades from politicians on pulpits, and most recently, saw its eviction appeal denied by California’s Supreme Court.

The recycling center, which has been in operation since 1974, wouldn’t be the only loss to the Haight either. Both a community garden and San Francisco native plant nursery are on the site, under the umbrella name of Kezar Gardens. After an eviction for the recycling center, all three would go.

So in what may be their last days, the Guardian decided to take a look at  who is a part of the recycling center’s community. What keeps them coming back – even in the face of eviction? While the final eviction date is nebulous, the reasons for it are not: as the Haight gentrified, more and more neighbors complained about the site’s surrounding homeless population, the noise the recycling center makes, and every other NIMBY complaint in the book.

Contrary to the usual complaints of the recycling center and gardens attracting numerous homeless people, the people detailed in the stories below reflect a diverse community. And there were far more stories that we didn’t include: the busy head of a nonprofit who gardens to keep his sanity, or the two brothers who bring in their recyclables every week as a way for their parents to teach them responsibility. And they’re not the only people who depend on the recycling center and gardens.

“One of the problems [with evicting HANC] is that the small businesses in the area depend on the service of the center,” Sup. Christina Olague, who representing the area, told us. “We don’t want to see it relocated out of the area.”

Olague said that although ideas for a mobile recycling center or a relocation have been batted around, nothing is concrete yet. The Mayor’s Office, the Recreations and Parks Department, and HANC were all going to have more meetings and try to come to a solution that would benefit all sides, she said.

The recycling center and gardens aren’t going down without their supporters making a clamor. They developed a feature documentary about their struggles, titled 780 Frederick. Directed by Soumyaa Kapil Behrens, the film will play at the San Francisco International Film Festivals “Doc Fest” on Nov. 11.

Until then, here’s a glimpse at some of the people who make up the community at the HANC Recycling Center and Kezar Gardens.

 

Greg Gaar, Native Plant Nursery Caretaker

Longtime groundskeeper and recycling guru Greg Gaar will soon be out of a job, only a year after single-handedly starting a native plant nursery in the Haight Ashbury that serves more than 100 people.

Gaar is the caretaker of the Kezar Garden nursery. He raises Dune Tansy, Beach Sagewort, Coast Buckwheat and Bush Monkey –  all plants originally born and bred from the dunes of old San Francisco.

“I do it because I worship nature, to me that’s god,” Gaar said. He spoke of the plants reverently.

The native plants aren’t as bombastically colorful as the rest of Golden Gate Park, he said, which Gaar calls “European pleasure gardens,” but they’re hearty and durable, like Gaar himself.

Gaar has a weathered face from years of working in the open air, and he grinned large as he talked about his plants. His grey beard comes down a few inches, giving him the look of a spry Santa Claus. Gaar has a history of embracing the counterculture, much like the Haight itself. In 1977, he made his first foray into activism.

At the time, wealthy developers in the city wanted to develop buildings and houses on Tank Hill, one of the few remaining lands of San Francisco with native growth. “Two percent of the city right now has native plants,” he said. It’s a travesty to him, but he did his part to prevent it.

Gaar led the charge against the redevelopers by putting up posters and flyers, and fighting them tooth and nail for the land through old fashioned San Francisco rallying.

In the end, the counterculture activists won, and the city of San Francisco bought the land back from the developers, keeping it for the public trust. The long-ago battle over Tank Hill was a victory, but the fight for the Haight Ashbury Recycling Center may already be lost.

Gaar has deep ties to the recycling center. Among his friends are two ravens, Bobbie and Regina, who recognize Gaar since the first time he fed them 16 years ago. Occasionally, he says, they’ll accompany him on his rounds around the park. The ravens aren’t the only friends he’s made through the recycling center.

They have many patrons looking to make a few bucks off of cans and bottles, many of which are poverty-struck or homeless. Gaar darkened as he spoke of them, because over the years he has lost many friends he’s made through work. The recycling center is a community, and those that are lost are often memorialized in the garden that Gaar grew with his own hands.

In the San Francisco Chronicle, columnist C. W. Nevius frequently calls out the nursery as a “last ditch effort” on the part of the recycling center to stave off closure and legitimize its own existence. In reality, the nursery was brainstormed years before the controversy through Gaar’s inspiration.

Though Nevius may not agree with the ethos Gaar has brought to the recycling center, the city of San Francisco must trust him. The Recreation and Parks Department has offered him a job planting native plants around Golden Gate Park, which is Gaar is welcome to after the recycling center closes. But taking care of native plants is more than a job to Gaar, it’s a calling.

“Isn’t it amazing that we exist on one of the sole planets we know of that supports life?” Gaar said with wide eyes. He sees his job as preserving the natural order, working to keep alive the plants that were part of the city before the first arrival of the spaniards.

Gaar, much like his plants, is part of a shrinking population of the city: the San Francisco native. When the recycling center closes, he’ll be able to spread native plants across Golden Gate Park, another rebel cause in a life of green activism.

 

Kristy  Zeng, loyal daughter

Kristy Zeng, 30,  talked about everything she does for her family in a matter of fact tone, as if none of it took effort, patience or loyalty.

As she talked, Zeng unloaded over six trash cans worth of recyclables into colored bins. At home, she has two young girls waiting for her, ages three and one, she said. The money she gets from the recyclables is small, but necessary – not for herself, but for her mother.

“My mom’s primary job is this one,” she said. Zeng’s mother is 62 and speaks no English. In the eight years she’s been in San Francisco since immigrating from China, she hasn’t been able to find a job.

“People look at her and say she’s too old,” Zeng said. “She’s too near retirement age.”

So Zeng’s mother hauls cans in her shopping cart every day to earn her keep. She’s one of the folks you can spot around town foraging in bins outside people’s homes, collecting recyclables from picnic-goers in parks, and asking for empties from local bars. The money she earns is just enough to pay for her food.

Even between her husband’s two jobs, Zeng said her family doesn’t have quite enough to fully support her mother. The recyclable collecting is vital income, Zeng said. She and her extended family all live in the Sunset and Outer Richmond, though she wishes they could find a place big enough to live together.

The Haight Ashbury Recycling Center is just close enough to make the chore worth the trip. Zeng was surprised to hear that the center was near closure.

“I would have to find a job,” she said. She usually watches her infant and toddler while her husband is at work. “Mom can’t babysit them, her back isn’t so good. It’s too hard.”

It’s not so bad though, she said, because at 30 years old, Zeng is still young and can handle the extra work. But if the recycling center closed, Zeng and her mom would both have to find a new way to make ends meet.

 

Steven and Brian Guan learn responsibility

At about five feet tall, wearing an oversized ball-cap and dwarfed by the man-sized jacket he wore, Brian Guan, 12,  definitely stood out at the Haight Ashbury Recycling Center. All around him, grisly old men hauled bins full of cans and bottles – but he didn’t pay them any mind.

Brian had his older brother Steven Guan, 14, to look out for him. Together they hauled in four bags worth of recyclables in plastic bags, walking straight to the empty bins as if it were a routine they’d done a dozen times before.

Which, of course, they had.

“I’ve been doing this for at least a year,” Steven said. Though he looks totally comfortable, the chore definitely introduced him to a different crowd than he’s used to.

The recycling center’s clientele of homeless folks, and people generally older than 14, don’t really bother him, he said. “It’s kinda weird, but it’s no big deal.” Besides, he said, he’s happy to help out his family, who spend a lot of time working.

“My mom works in a hotel, and she collects the cans and stuff there.” His dad does the same.

Their mom is a maid, and dad is a bellhop, working in separate hotels downtown. Steven didn’t know if the money they collect each week was vital for his family’s income, but he does know that the haul isn’t very much.

“It’s usually only like $10,” he said.

So was it even worth the trip? Steven said that if he wasn’t helping out his parents by bringing in recyclables, he’d probably be “at home doing nothing.” A Washington High School student, he doesn’t play on any sports teams and isn’t in any clubs. He spends the majority of his time helping out his family.

The way he figures it, he said, the chore is meant to teach him responsibility.

It looks like it worked.

 

Dennis Horsluy, a principled man

A lot of the patrons haul cans and bottles to the Haight Ashbury Recycling Center out of need: to feed themselves, clothe themselves, and live. Dennis Horsluy, 44, does not count himself as one of those people.

“It’s pocket change,” Horsluy said. But despite the cost, he’s going to get every red penny back from the government that he’s owed through the California Redemption Value charges on cans and bottles. “It’s just the right thing to do.”

Horsluy said that Sunset Scavenger, now known as Recology, has a stranglehold on San Francisco’s recycling and trash.

“If you leave your recyclables on the curb, it’s like taxation without representation,” he said. You pay for it whether you want to or not. In his own version of “sticking it to the man,” Horsluy makes sure his recycling dollars get back into his hands.

Horsluy is a displaced auto-worker who has only just recently found work again. “I made plenty, and now I make nothing,” he said.

A family man, he has a daughter at Lowell High School, and a son at Stuart Hall High School. He thinks San Francisco has problems much weightier than closing the recycling center, such as the school lottery system that almost had him sending his kids far across town for school.

Horsluy wasn’t surprised that some of the Haight locals had managed to finally oust the recycling center, considering they’ve been complaining for years about how it attracts many of the local homeless population to the area. “I’m sure it’s a problem for the neighbors with their million-dollar homes,” he said.

But the homeless were a problem long before the Haight Ashbury Recycling Center, Horsluy said. San Francisco has a history of generosity, and so it draws more of the needy. Horsluy will be fine without the recycling center, he said, but the more poverty stricken patrons of the center may not be.

“They’re just trying to survive.”

 

Chris Dye, gardening his troubles away

Some people drink to forget. Chris Dye, 44,  does something similar — he gardens to forget.

While watering the plot of greens he calls his own, Dye spun a yarn that sounded like a San Francisco version of a country song. His ex-wife bleeds his paychecks dry, and he had to leave his dream job at the National Parks Service to make ends meet in Information Technology, a job he pictures as the last place he’d like to be.

He regained a bit of peace in his ordeals through a hardcore passion for San Francisco native plants. “I found a rare kind of phacelia clinging to life in the cement at City College,” Dye said. “You know, down by the art building? When I saw it, I sketched it.”

A day later though it was gone, he said. He fell silent in what was almost a reverent moment for the rare native plant he spotted. Dye is on a personal mission to revive native San Franciscan plants.

The Kezar Gardens give Dye a chance to grow for himself all the interesting native plants he’s interested in. Inspired by the native plant nursery’s caretaker, Greg Gaar, he rattles off all the near-extinct species he’s been able to see and raise. “For me, it’s a personal experiment to figure all this out.”

It’s not all about leafy activism though. Sometimes, it’s just about a good meal. Dye snapped off a leaf and crushed it with his fingers. “This is Hummingbird Sage,” he said, holding it up to his nose for a sniff. “Mix this into a little olive oil, and rub it all over your pot roast, or whatever. It’s fucking amazing.”

 

Lael and Genevieve Dasgupta

Four-year-old Genevieve marched around the table by the garden, watching as a woman carves a pumpkin for Halloween.

Genevieve and her mother, Lael Dasgupta, recycle there in the Haight once a week, as part of Dasgupta’s hope to get her to learn at a young age about eco-responsibility. They don’t use one of the garden plots in the community garden, because they have a communal backyard at home. They do use some of Greg Gaar’s native plants in their garden, for decoration.

Dasgupta has mostly practical reasons for recycling. “It brings us about $40 to $50 a week… That’s a lot of money,” Dasgupta said.

But despite the location of several other recycling centers in the city, why does Dasgupta bring Genevieve here?

“Dirt, dirt dirt,” she said. “Its just good for her to play in the dirt, and build a healthy immune system. The other recycling centers aren’t as charming.”

Dasgupta said that if Kezar Gardens and the Haight Ashbury Recycling Center were to close, she wouldn’t relish taking her daughter out to the Bayview recycling center. She’s been there, and didn’t enjoy the experience. It’s easy to see that the two are comfortable at Kezar Gardens. Folks around the gardens all seem to know Genevieve, who marches around the place without fear.

The woman who was carving the pumpkins handed one to Genevieve for her to play with. The young girl promptly set to the pumpkin with a marker, making what could be either a set of incomprehensible squiggly lines, or the Milky Way galaxy, depending on your perspective.

 

 

D5 shakeups flip the dynamics of that wild race

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[UPDATED AND CORRECTED] Wild and unsettling political dynamics have rocked the District 5 supervisorial race, with three major candidates having prominent endorsements withdrawn, the most significant being this week’s mass exodus of support from the campaign of Julian Davis following his bad handling of allegations that he has mistreated women.

Those withdrawing their endorsements of Davis since Saturday include Sups. John Avalos, David Campos, and Jane Kim, Assembly member Tom Ammiano, the Bay Guardian, the Examiner, and the League of Pissed-Off Voters. The Harvey Milk LGBT Democratic Club has scheduled a vote for Monday on whether to withdraw its sole endorsement of Davis.

Avalos gave his endorsement to Sup. Christina Olague over the weekend, and she seems to be getting more progressive support in the wake of Davis’ flame-out and her Oct. 9 vote in favor of reinstating Sheriff Ross Mirkarimi. That vote triggered a strong backlash against Olague from Mayor Ed Lee and his allies, with San Francisco Police Officers Association withdrawing its endorsement.

But former Mayor Art Agnos reached out to Olague – who he didn’t know previously – after the Mirkarimi vote and is rumored to be considering offering her his endorsement and support. Agnos didn’t confirm or deny the rumor, but he did tell us, “I was very impressed by her commitment to the progressive issues we share.”

Olague has a long history of progressive activism and was a consistently good vote during her tenure on the Planning Commission, but many progressives were concerned by her early support for Lee, who then appointed her to the District 5 seat vacated by Mirkarimi’s election as sheriff, and by some of her votes and behaviors since then.

But now that she’s been viciously attacked by Lee’s staffers and allies over the Mirkarimi vote – and iced out by Lee himself, who she says won’t return her calls and who bailed out on a planned campaign appearance – Olague seems to have a newfound independence. “At the end of the day, we serve constituents and the city, and that’s who we should answer to,” Olague told us, agreeing that she feels freed up by recent developments, as difficult as they’ve been. “You don’t become an indentured servant.”

She told us that her decision last year to co-chair the “Run, Ed, Run” campaign to convince Lee to break his promise and run for a full term to the office he’d been appointed to was based on her belief that “we’d see an infusion of new energy and some more diversity” of both ideology and demographics in the Mayor’s Office.

“Sadly, I’m not seeing those changes happening really. I didn’t sign up for another four years of Gavin Newsom and those thugs, and I’ve seen a lot of that same behavior,” she said. “People who played prominent roles in the Newsom administration continue to play prominent roles in this administration.”

Olague said the schism with the administration began this summer when she supported Avalos in trying to bring in new revenue as part of the business tax reform measure that became Prop. E, which Lee had insisted be revenue neutral before compromising with progressives. That was when Olague said she got her first nasty message from Tony Winnicker, the former Newsom press secretary who now works for Lee and wrote Olague a text during the Mirkarimi hearing telling her “you disgust me and I will work night and day to defeat you.”

Some prominent progressives privately worried that schism was an election ploy designed to help Olague win the race for this progressive district given that Davis had captured most of the influential progressive endorsements. But with Lee and his allies continuing to be openly livid over the Mirkarimi vote – and with solid progressive John Rizzo running a lackluster campaign that has less than $5,000 in the bank – there is growing progressive support for Olague.

The big fear among many progressives is that London Breed will win the race, a concern that has been exacerbated by the support that Breed has been receiving from real estate and development interests, both directly and in independent expenditures by the Association of Realtors, which has spent more than $225,000 in this election cycle hoping to knock out progressives in Districts 1 and 5 and tip the balance of power on the board.

Breed told us that she doesn’t know the Realtors or why they’re offering such strong support, pledging to be an independent vote. “I’ve never made any promises to anyone that I would help anyone or that I would be this way or that,” she told us. “I’m not here to do anyone’s bidding, whether it’s Aaron Peskin or Willie Brown or anyone else.”

Brown helped launch Breed’s political career by [CORRECTED recommending then-Mayor Gavin Newsom] appoint her to the Redevelopment Commission, where Breed supported Lennar and other big developers, but she had a falling out with him earlier this year and made impolitic comments about him to the Fog City Journal, causing US Sen. Dianne Feinstein to withdraw her endorsement of Breed.

Brown, Lee, and Chinatown power broker Rose Pak helped raise money for Olague, who has received the maximum $500 donation from such powerful inside players as venture capitalist Ron Conway (and his wife, Gayle), Michael Cohen, Victor Makras, Lawrence Nibbi, Mark Mosher, and John Whitehurst.

But that was before the Mirkarimi vote, which Lee’s allies seem to see as a litmus test on Olague’s loyalty to them. As Tenderloin Housing Clinic director Randy Shaw, who helped engineer the progressive split that brought Lee to power, put it on his Beyond Chron blog, “Olague’s vote was an act of profound disloyalty not only to the mayor who appointed her, but also to those who pushed the mayor to do so.”

Olague says she’s disturbed by that viewpoint, and by those so blinded by their efforts to demonize Mirkarimi “and exploit and politicize issues around domestic violence” that they have failed to consider the price he has already paid for his actions or the legal standards for removing an elected official. “On something like this, it’s not a question of loyalty. It’s about principles,” she said.

Breed says that she has seen an increase in support since the Mirkarimi vote and the Davis meltdown, but she said that she doesn’t want to talk about those cases or exploit them politically. “I don’t take pleasure in the misery of someone else,” she said, adding her hope that the furor about Mirkarimi will die down. “The decision has been made and it’s time for the city to come together.”

Progressive leaders have made similar calls, but Mirkarimi’s critics are showing no signs of letting the issue go. San Francisco Democratic County Central Committee members Zoe Dunning and Matt Dorsey have put forward a resolution condemning the reinstatement vote and calling for Mirkarimi’s ouster, which the DCCC will consider on Wednesday evening, Oct. 24.

[CORRECTED At that meeting, the DCCC will also consider a motion] to reopen the D5 endorsement process, hoping to change the DCCC’s previous “no endorsement” vote, and sources tell us there is currently a strong backroom effort to give the endorsement to Breed. That vote will be a big test for progressives, which lost their majority control over the DCCC in the June elections.

Meanwhile, D5 candidate Thea Selby – who snagged one of the three endorsements by both the Guardian and the Examiner – continues to run a strong and well-funded campaign that has avoided the carnage taking place in the other campaigns. “I feel like I’m in the middle watching out for flying beams,” she told us, adding that both she and Rizzo have been “the grown-ups in the room, so there’s an opportunity there and I’m hopeful.”

But unlike Rizzo, who has seems strangely absent and didn’t return Guardian phone calls [see UPDATE below], Selby has plenty of money in the bank – nearly $60,000 as of the last official report two weeks ago – and could benefit from voter disgust with the ugly politics at play. “It’s my experience that is driving this,” says this small-businessperson, “and not my lifelong desire to be a politician, and that may ring some bells.”

How the ranked-choice voting system will play out in this mess is anyone’s guess, and even Davis seems to be hoping that he still has a shot, resisting calls by the Guardian and others to withdraw from the race. Poorly funded candidates Andrew Resignato and Hope Johnson this week announced they were joining forces for the “People’s Ticket” after being excluded from a University of San Francisco candidates forum.

But most political observers seem to think this race will come down to a two-person contest between Breed and Olague – who each have more than $45,000 in the bank with which to make a strong final push – and the distinctions between them are becoming clearer as more progressives get behind Olague and the moderates and monied interests get behind Breed.

Olague said she’s still “willing to work with anybody,” but that, “I’m worried that moderate forces will seize this moment to try to destroy us.”

UPDATE 4:45: Rizzo just got back to us and said he’s been actively campaigning and feeling good about his chances. “We have a great team and we’ll have enough resources to reach voters,” Rizzo said. He said that he’s had a stong fundraising push in the last couple weeks since the last campaign financing statement was released, and he noted his endorsements and active support by influential progressives including Ammiano, Campos, and Carole Migden. “We’re doing a lot of retail campaigning, meeting voters and getting the message out.”

Gascón’s challenge to Mirkarimi belies his own official shortcomings

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The backlash against Sheriff Ross Mirkarimi’s reinstatement by those who oppose him has often been biting and bitter – an indicator that coming together around real solutions to domestic violence, something most supervisors pledged, could still be difficult – but the most hypocritical reaction came yesterday from District Attorney George Gascón.

“Ross is now reinstated as our Sheriff and I accept that. What I will not accept is any compromise of public safety as a result of his reinstatement. Ross Mirkarimi is on probation in this county for a crime of domestic violence. He is, at a minimum, incapable of adequately performing the functions of his office that relate to crimes of domestic violence,” Gascón said in a public statement, calling for Mirkarimi to “wall himself off” from all domestic violence programs and inmates and hire an independent special administrator to oversee them.

Gascón didn’t explain why he believes Mirkarimi can’t oversee these functions, although that’s been a common refrain among Mirkarimi’s critics, almost an article of faith that to them needs no explanation. I understand the sentiment, but as a practical matter, it still doesn’t make sense to me (I’d welcome comments that could offer insights or explanation). I’ve also posed that and other questions to both Gascón and his spokesperson, Stephanie Ong Stillman, and I’ll include an update when I hear back.

Maybe the issue is a conflict of interest, the belief that Mirkarimi will either be too easy or too hard on domestic violence inmates or programs, which seems to be stretch. But if that’s the case, Gascón should get off his high horse. Gascón was the police chief when then-Mayor Gavin Newsom appointed him as DA, and there were many voices in the community who questioned such an unconventional move, one that raised obvious questions about whether Gascón could be objective about cases of police abuse, evidence tampering, or assorted other cases in which he would be called upon to make tough judgments about the SFPD. There were calls for Gascón to wall himself off from such cases, which he refused to do, even though that was arguably a more serious and direct conflict of interest than Mirkarimi overseeing the jail.

Also, let’s not forget that it was Gascón who started this whole ordeal by deciding to charge Mirkarimi with domestic violence crimes, accept the plea bargain to misdemeanor false imprisonment, and recommend the punishment that the court accepted – which included the highly unusual requirement that Mirkarimi issue a public apology to his neighbor, Ivory Madison, who went to police against the wishes of Mirkarimi’s wife. At the time, Mirkarimi was serving as sheriff and overseeing all the department’s functions – and he wasn’t letting the batterers run free or battering them himself – and Gascón didn’t raise this issue of then or make it a condition of Mirkarimi’s plea, which he certainly could have.

Finally, there was this sanctimonious statement by Gascón: “As the chief law enforcement official in this City and County, I will stand unapologetically with the victims. I will work tirelessly to be sure both victims and witnesses know this city does not tolerate domestic violence.” Yet the record of his office indicates something that falls far short of tireless efforts to combat domestic violence.

As a San Francisco Public Press investigation revealed last month, San Francisco has by far the lowest rate of domestic violation prosecutions of any Bay Area jurisdiction, a terrible record that has gotten even worse since Gascón took over. Whether judged by the number of domestic violence cases filed per capita (29.5 per 10,000 residents, compared with 58.5 in the region) or the number cases it received that it declined to prosecute (it dropped 6,200 of the 8,600 cases that it received from police), Gascón has no business claiming to show zero tolerance for domestic violence. His prosecution of Mirkarimi was more aberration than rule.

We’ve been trying to get a comment out of the DA’s Office on this issue for weeks, and they still haven’t replied (Stillman told me today that “we’re still working on it”). Gascón was also asked about his office’s poor record on domestic violence recently on KQED’s Forum and gave only a deflective non-answer. Perhaps he’d be better off figuring out how his office could so consistently fail the victims of domestic violence rather than worrying so much about the too-few of them that he’s managed to send to jail.

We all understand what an emotional and important issue domestic violence is, and even how unsettling it may be to many to have Mirkarimi as sheriff. But the members of the Domestic Violence Consortium and La Casa de las Madres – those who have led the campaign to oust Mirkarimi – aren’t the only people who care about this issue.

During the public comment portion of Tuesday’s Board of Supervisors meeting, there were many domestic violence victims who expressed more outrage over the failure of these domestic violence groups or the DA’s office to support them than they were about Mirkarimi continuing to be the sheriff. The city just spent $1.3 million trying to remove Mirkarimi and another [[CORRECTED FIGURE: $140,000]] paying his interim replacement, Vicky Hennessy – money that could have been better spent directly responding to domestic violence than this fruitless symbolic stand.

But that’s over now, just like their efforts to remove Mirkarimi, and we all need to move on instead of trying to re-fight this difficult battle over and over again. People can still disagree with what happened and vent and be angry – and from what we’re hearing from City Hall, many of the messages have been quite savage, some even threatening violence. They can even work on a recall campaign or take other political actions.

Yet we all still share a city – a wonderfully diverse city with a wide range of perspectives and opinions – and we’re all forced to accept things about it that we don’t like. Gascón doesn’t get to decide who the sheriff is or how he plays that role any more than Mirkarimi got to tell Gascón how to do his job – despite suffering far more direct impacts.

We each have our roles to play, and we’ll all be better off if we do them well and accept that we live in a rainbow city, not a black-and-white world.

The Mirkarimi vote: Will there be some profiles of courage?

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(See the postscript for the Chronicle’s shameful crucifixion coverage of Mirkarimi and a timely, newsworthy oped it refused to run by Mirkarimi’s former girl friend. And how Chronicle columnist Debra Saunders ran the Nieves piece on her blog. Damn good for you, Debra Saunders.)

On Jan. 6, 2011, the Bay Citizen/New York Times broke a major investigative story headlined “Behind-the-Scenes Power Politics: The Making of Ed Lee.” The story by Gerry Shih detailed how then Mayor Gavin Newsom, ex-Mayor Willie Brown, and his longtime political ally Rose Pak orchestrated an “extraordinary political power play” to make Ed Lee the interim mayor to replace Newsom, the lieutenant governor-elect.

The story also outlined the start of a chain of events that leads to the vote by the San Francisco Board of Supervisors on Tuesday on whether Sheriff Ross Mirkarimi keeps his job.

Shih reported that “word had trickled out” that the supervisors had narrowed the list of interim candidates to three—then Sheriff Michael Hennessey, former Mayor Art Agnos, and Aaron Peskin, then chairman of the city’s Democratic party.  But the contenders “were deemed too liberal by Pak, Brown, and Newsom, who are more moderate.”

Over the next 48 hours, Pak, Brown, and the Newsom administration put together the play, “forging a consensus on the Board of Supervisors, outflanking the board’s progressive wing and persuading Lee to agree to become San Francisco’s first Asian-American mayor, even though he had told officials for months that he had no interest in the job,” Shih wrote.

The play was sold on the argument that Lee would be an “interim mayor” and that he would not run for mayor in the November election. The Guardian and others said at the time that the play most likely envisioned Lee saying, or lying, that he would not run for mayor and then, at the last minute, he would run and overpower the challengers as an incumbent with big downtown money behind him.  This is what happened. That is how Ed Lee, a longtime civil servant, became the mayor and that is how the Willie Brown/Rose Pak gang won the day for the PG&E/Chamber of Commerce/big developer bloc and thwarted the progressives.

Let us note that the other three interim candidates would most likely never have done what Lee did and suspend Mirkarimi for pleading guilty to misdemeanor false imprisonment in an arm-bruising incident with his wife Eliana. In fact, Hennessey supported Mirkarimi during the election and still does and says he is fit to do the job of sheriff. 

This was a political coup d’etat worthy of Abe Ruef, the City Hall fixer at the start of the century. “This was something incredibly orchestrated, and we got played,” Sup. John Avalos told Shih. Sup. Chris Daly was mad as hell and he voted for Rose Pak because, he told the Guardian, she was running everything in City Hall anyway. Significantly, the San Francisco Chronicle missed the story and ever after followed the line of its columnist/PG&E lobbyist Willie Brown and Pak by supporting Lee for mayor without much question or properly reporting the obvious power structure angles and plays.

This is the context for understanding a critical part of the ferocity of the opposition to Mirkarimi. As the city’s top elected progressive, he was a politician and force to be reckoned with. His inaugural address as sheriff  demonstrated his creative vision for the department and that he would ably continue the progressive tradition of Richard Hongisto and Hennessey. That annoyed the conservative law enforcement folks. He could be sheriff for a good long time, keep pushing progressive issues from a safe haven, and be in position to run for mayor when the time came. So he was a dangerous character.  

To take one major example, the  PG&E political establishment and others regard him as Public Enemy No. 1. Among other things, he managed as an unpaid volunteer two initiative campaigns during the Willie Brown era. They were aimed at kicking PG&E out of City Hall, enforcing the public power provisions of the federal Raker Act, and bringing  the city’s cheap Hetch Hetchy public power to its residents and businesses for the first time. (See Guardian stories since 1969 on the PG&E/Raker act scandal.)

He then took the public power issue into City Hall when he became a supervisor and aggressively led the charge for the community choice aggregation (cca) project.  His work was validated in the recent 8-3 supervisorial vote authorizing the city to start up a public power/clean energy program. This is the first real challenge ever to PG&E’s private power monopoly.

Significantly, Willie is now an unregistered $200,000 plus a year lobbyist for PG&E. He writes a column for the San Francisco Chronicle promoting, among other things, his undisclosed clients and allies and whacking Mirkarimi and the progressives and their issues on a regular basis.  And he is always out there, a phone call here, an elbow at a cocktail party there, to push his agenda.   The word is that he’s claiming he has the votes to fire Mirkarimi.

The point is that the same forces that put Lee into office as mayor are in large part the same forces behind what I call the political assassination of Mirkarimi.  And so, when the Mirkarimi incident emerged, there was an inexorable  march to assassination. Maximum resources and pressure from the police on Mirkarimi. And then maximum pressure from the District Attorney. And then maximum pressure from the judicial process (not even allowing  a change of venue for the case after the crucifixion media coverage.)  And then Lee calls Mirkarimi “a wife beater” and suspends him with cruel and unusual punishment: no pay for him, his family, his home, nor legal expenses for him or Eliana for the duration.

And then Lee pushes for maximum pressure from the City Attorney and the Ethics Commission to try Mirkarimi and force the crucial vote before the election to put maximum pressure on the supervisors. Obviously, the vote would be scheduled after the election if this were a fair and just process.

Lee, the man who was sold as consensus builder and unifier, has become a polarizer and punisher on behalf of the boys and girls  in the backroom.  

And so the supervisors are not just voting to fire the sheriff.  Mirkarimi, his wife Eliana, and son Theo, 3, have already paid a terrible price and, to their immense credit, have come back together as a family.

The supervisors got played last time and voted for a coup d’etat to make Lee the mayor, rout the progressives, and keep City Hall safe for Willie Brown and Rose Pak and friends.   This time the stakes are clear: the supervisors are now voting on the political assassination of the city’s top elected progressive and it’s once again aimed at helping keep City Hall safe for PG&E, the Chamber, and big developers.

The question is, will there be some profiles of courage this time around? b3

P.S.1  Julian Davis for District 5 supervisor: “Supes mum on sheriff,” read the Sunday Chronicle head. Nobody would say how he/she would vote. And poor Sup. Sean Elsbernd claimed that he would be “holed all Sunday in his office reading a table full of thick binders of official documents related to the case plus a few that he’s prepared for himself containing some case law.”  (Anybody wonder how he’s going to vote? Let’s have a show of hands.)  

The last time I saw Julian Davis he was holding a “Stand with Ross” sign at a Mirkarimi rally on the City Hall steps. With Davis, there would be no second guessing and hand wringing on how he would vote. That’s the problem now with so many neighborhood supervisors who go down to City Hall and vote with Willie and downtown. Davis would be a smart, dependable progressive vote in the city’s most progressive district (5), and a worthy successor to Matt Gonzalez and Ross Mirkarimi. If Davis were on the board now, I’m sure he would stand with Ross and speak for Ross, no ifs, ands, or buts. And his vote might be decisive.  

P.S. 2 The Chronicle’s  shameful crucifixion of Mirkarimi continues  The Chronicle has refused to run a timely and  newsworthy op ed piece from Evelyn Nieves, Mirkarimi’s former girl friend. She  wrote an op ed piece for the Chronicle four days before the Tuesday vote.  Nieves is an accomplished journalist who for several years was the San Francisco bureau chief for the New York Times.  She told me that she was notified Monday morning that the Chronicle didn’t have room for the op ed in Tuesday’s paper. I sent an email to John Diaz, Chronicle editorial page editor, and asked him why the Chronicle couldn’t run her op ed when the paper could run Willie Brown, the unregistered $200,000 plus PG&E lobbyist who takes regular whacks at Mirkarimi, as a regular featured column in its Sunday paper.  No answer at blogtime.

This morning, I opened up the Chronicle to find that the paper, instead of running the Nieves piece today or earlier,  ran an op ed titled “Vote to remove Mirkarmi,” from Kathy Black, executive director of the Casa de las Madres, the non profit group that advocates against domestic violence. It has been hammering Mirkarimi for months. On the page opposite, the Chron ran yet another lead editorial, urging the supervisors to “Take a Stand” and vote for removal because “San Francisco now needs its leaders to lead.” It was as if Willie was not only directing the Chronicle’s news operation but writing its editorials–and getting paid both by PG&E and the Chronicle.  And so the Chronicle started out with shameful crucifixion coverage of  Mirkarimi and then continued the shameful crucifixion coverage up until today. Read Nieves on Ross.

Well, the honor of the Chronicle was maintained by columnist Debra Saunders, virtually the Chroncle’s lone journalistic supporter of Mirkarmi during his ordeal. Many Chronicle staffers are privately supportive of Ross, embarrassed by Willie’s “journalism,” and critical of the way the Chronicle has covered Mirkarimi. Saunders posted the Nieves column her paper refused to print on her Chronicle blog. Damn good for you, Debra Saunders.  

 

 

Endorsements 2012: San Francisco propositions

85

PROPOSITION A

CITY COLLEGE PARCEL TAX

YES

The scathing accreditation report by the Western Association of Schools talks about governance problems at the San Francisco Community College District — a legitimate matter of concern. But most of what threatens the future of City College is a lack of money.

Check out the accreditation letter; it’s on the City College website. Much of what it says is that the school is trying to do too much with limited resources. There aren’t enough administrators; that’s because, facing 20 percent cuts to its operating budget, the college board decided to save front-line teaching jobs. Student support services are lacking; that’s because the district can barely afford to keep enough classes going to meet the needs of some 90,000 students. On the bigger picture, WASC and the state want City College to close campuses and concentrate on a core mission of offering two-year degrees and preparing students to transfer to four-year institutions. That’s because the state has refused to fund education at an adequate level, and there’s not enough money to both function as a traditional junior college and serve as the training center for San Francisco’s tech, hospitality and health-care industry, provide English as a second language classes to immigrants and offer new job skills and rehabilitation to the workforce of the future.

It’s fair to say that WASC would have found some problems at City College no matter what the financial situation (and we’ve found more — the nepotism and corruption under past boards has been atrocious). But the only way out of this mess is either to radically scale back the school’s mission — or to increase its resources. We support the latter alternative.

Prop. A is a modest parcel tax — $79 dollars a year on each property lot in the city. Parcel taxes are inherently unfair — a small house in Hunters Point pays as much as a mansion in Pacific Heights or a $500 million downtown office building. But that’s the result of Prop. 13, which leaves the city very few ways to raise taxes on real property. In the hierarchy of progressive tax options, parcel taxes are better than sales taxes. And the vast majority of San Francisco homeowners and commercial property owners get a huge benefit from Prop. 13; a $6 a month additional levy is hardly a killer.

The $16 million this tax would raise annually for the district isn’t enough to make up for the $25 million a year in state budget cuts. But at least the district would be able to make reasonable decisions about preserving most of its mission. This is one of the most important measures on the ballot; vote yes.

PROPOSITION B

PARKS BOND

YES

There are two questions facing the voters: Does the San Francisco Recreation and Parks Department need money to fix up badly decrepit, sometimes unsafe facilities, and build out new park areas, particularly in underserved neighborhoods? Has the current administration of the department so badly mismanaged Rec-Park, so radically undermined the basic concept of public access to public space, so utterly alienated neighborhoods and communities all over the city, that it shouldn’t be trusted with another penny?

And if your answer to both is yes, how the hell do you vote on Prop. B?

It’s a tough one for us. The Guardian has never, in 46 years, opposed a general obligation bond for anything except jail or prisons. Investing in public infrastructure is a good thing; if anything, the cautious folks at City Hall, who refuse to put new bonds on the ballot until old ones are paid off, are too cautious about it. Spending public money (paid by increased property taxes in a city where at least 90 percent of real estate is way under taxed thanks to Prop. 13) creates jobs. It’s an economic stimulus. It adds to the value of the city’s resources. In this case, it fixes up parks. All of that is good; it’s hard to find a credible case against it.

Except that for the past few years, under the administrations of Mayors Gavin Newsom and Ed Lee and the trusteeship of Rec-Park Directors Jared Blumenfeld and Phil Ginsburg, the city has gone 100 percent the wrong way. Parks are supposed to be public resources, open to all; instead, the department has begun charging fees for what used to be free, has been turning public facilities over to private interests (at times kicking the public out), and has generally looked at the commons as a source of revenue. It’s a horrible precedent. It makes us sick.

Ginsburg told us that he’s had no choice — deep budget cuts have forced him to look for money wherever he can find it, even if that means privatizing the parks. But Ginsburg also admitted to us that, even as chief of staff under Newsom, he never once came forward to push for higher taxes on the wealthy, never once suggested that progressive revenue sources might be an option. Nor did any of the hacks on the Rec-Park Commission. Instead, they’ve been busy spending tens of thousands of dollars on an insane legal battle to evict the Haight Ashbury Neighborhood Council’s recycling center — entirely because rich people in the Haight don’t want poor people coming through their elite neighborhood to cash in bottles and cans for a little money.

So now we’re supposed to cough up another $195 million to enable more of this?

Well, yes. We’re not happy to be endorsing Prop. B, but the bottom line is simple: The bond money will go for things that need to be done. There are, quite literally, parks in the city where kids are playing in unsafe and toxic conditions. There are rec centers that are pretty close to falling apart. Those improvements will last 50 years, well beyond the tenure of this mayor of Rec-Park director. For the long-term future of the park system, Prop. B makes sense.

If the measure fails, it may send Lee and Ginsburg a message. The fact that so many neighborhood leaders are opposing it has already been a signal — one that so far Ginsburg has ignored. We’re going Yes on B, with all due reservations. But this commission has to go, and the sooner the supervisors can craft a charter amendment to give the board a majority of the appointments to the panel the better.+

PROPOSITION C

AFFORDABLE HOUSING TRUST FUND

YES

This measure is about who gets to live in San Francisco and what kind of city this will be in 20 years. If we leave it up to market forces and the desires of developers, about 85 percent of the housing built in San Francisco will be affordable only by the rich, meaning the working class will be forced to live outside the city, clogging regional roadways and transit systems and draining San Francisco of its cultural diversity and vibrancy. And that process has been accelerated in recent years by the latest tech bubble, which city leaders have decided to subsidize with tax breaks, causing rents and home prices to skyrocket.

Mayor Ed Lee deserves credit for proposing this Housing Trust Fund to help offset some of that impact, even if it falls way short of the need identified in the city’s Housing Element, which calls for 60 percent of new housing construction to be affordable to prevent gentrification. We’re also not thrilled that Prop. C actually reduces the percentage of housing that developers must offer below market rates and prevents that 12 percent level from later being increased, that it devotes too much money to home ownership assistance at the expense of the renters who comprise the vast majority of city residents, and that it depends on the passage of Prop.E and would take $15 million from the increased business taxes from that measure, rather than restoring years of cuts to General Fund programs.

But Prop. C was a hard-won compromise, with the affordable housing folks at the table, and they got most of what they wanted. (Even the 12 percent has a long list of exceptions and thus won’t apply to a lot of new market-rate housing.) And it has more chance of actually passing than previous efforts that were opposed by the business community and Mayor’s Office. This measure would commit the city to spending $1.5 billion on affordable housing projects over the next 30 years, with an initial $20 million annual contribution steadily growing to more than $50 million annually by 2024, authorizing and funding the construction of 30,000 new rental units throughout the city. With the loss of redevelopment funds that were devoted to affordable housing, San Francisco is a city at risk, and passage of Prop. C is vital to ensuring that we all have a chance of remaining here. Vote yes.

PROPOSITION D

CONSOLIDATING ODD-YEAR LOCAL ELECTIONS

YES

There’s a lot of odd stuff in the San Francisco City Charter, and one of the twists is that two offices — the city attorney and the treasurer — are elected in an off-year when there’s nothing else on the ballot. There’s a quaint kind of charm to that, and some limited value — the city attorney is one of the most powerful officials in local government, and that race could get lost in an election where the mayor, sheriff, and district attorney are all on the ballot.

But seriously: The off-year elections have lower turnout, and cost the city money, and it’s pretty ridiculous that San Francisco still does it this way. The entire Board of Supervisors supports Prop. D. So do we. Vote yes.

PROPOSITION E

GROSS RECEIPTS TAX

YES

Over the past five years, Board of Supervisors President David Chiu estimates, San Francisco has cut about $1.5 billion from General Fund programs. It’s been bloody, nasty, awful. The budget reductions have thrown severely ill psych patients out of General Hospital and onto the streets. They’ve forced the Recreation and Parks Department to charge money for the use of public space. They’ve undermined everything from community policing to Muni maintenance.

And now, as the economy starts to stabilize a bit, the mayor wants to change the way businesses are taxed — and bring an additional $28.5 million into city coffers.

That’s right — we’ve cut $1.5 billion, and we’re raising taxes by $28.5 million. That’s less than 2 percent. It’s insane, it’s inexcusable, it’s utterly the wrong way to run a city in 2012. It might as well be Mitt Romney making the decision — 98 percent cuts, 2 percent tax hikes.

Nevertheless, that’s where we are today — and it’s sad to say this is an improvement from where the tax discussion started. At first, Mayor Lee didn’t want any tax increase at all; progressive leaders had to struggle to convince him to allow even a pittance in additional revenue.

The basic issue on the table is how San Francisco taxes businesses. Until the late 1990s, the city had a relatively rational system — businesses paid about 1.5 percent of their payroll or gross receipts, whichever was higher. Then 52 big corporations, including PG&E, Chevron, Bechtel, and the Gap, sued, arguing that the gross receipts part of the program was unfair. The supervisors caved in to the legal threat and repeal that part of the tax system — costing the city about $30 million a year. Oh, but then tech companies — which have high payrolls but often, at least at first, low gross receipts — didn’t want the payroll tax. The same players who opposed the other tax now called for its return, arguing that taxing payroll hurts job growth (which is untrue and unfounded, but this kind of dogma doesn’t get challenged in the press). So, after much discussion and debate, and legitimate community input, the supervisors unanimously approved Prop. E — which raises a little more money, but not even as much as the corporate lawsuit in the 1990s set the city back. It’s not a bad tax, better than the one we have now — it brings thousands of companies the previously paid no tax at all into the mix (sadly, some of them small businesses). It’s somewhat progressive — companies with higher receipts pay a higher rate. We can’t argue against it — the city will be better off under Prop. E than it is today. But we have to look around our battered, broke-ass city, shake our poor bewildered heads and say: Is this really the best San Francisco can do? Sure, vote yes on E. And ask yourself why one of the most liberal cities in America still lets Republican economic theory drive its tax policy.

PROPOSITION F

WATER AND ENVIRONMENT PLAN

NO, NO, NO

Reasonable people can disagree about whether San Francisco should have ever dammed the Tuolumne River in 1923, flooding the Hetch Hetchy Valley and creating an engineering marvel that has provided the city with a reliable source of renewable electricity and some of the best urban drinking water in the world ever since. The project broke the heart of famed naturalist John Muir and has caused generations since then to pine for the restoration of a valley that Muir saw as a twin to his beloved nearby Yosemite Valley.

But at a time when this country can’t find the resources to seriously address global warming (which will likely dry up the Sierra Nevada watershed at some point in the future), our deteriorating infrastructure, and myriad other pressing problems, it seems insane to even consider spending billions of dollars to drain this reservoir, restore the valley, and find replacement sources of clean water and power.

You can’t argue with the basic facts: There is no way San Francisco could replace all the water that comes in from Hetch Hetchy without relying on the already-fragile Delta. The dam also provides 1.7 billion kilowatt hours a year of electric power, enough to meet the needs of more than 400,000 homes. That power now runs everything from the lights at City Hall to Muni, at a cost of near zero. The city would lose 42 percent of its energy generation if the dam went away.

Besides, the dam was, and is, the lynchpin of what’s supposed to be a municipal power system in the city. As San Francisco, with Clean Power SF, moves ever close to public power, it’s insane to take away this critical element of any future system.

On its face, the measure merely requires the city to do an $8 million study of the proposal and then hold a binding vote in 2016 that would commit the city to a project estimated by the Controller’s Office to cost somewhere between $3 billion and $10 billion. Yet to even entertain that possibility would be a huge waste of time and money.

Prop. F is being pushed by a combination of wishful (although largely well-meaning) sentimentalists and disingenuous conservatives like Dan Lungren who simply want to fuck with San Francisco, but it’s being opposed by just about every public official in the city. Vote this down and let’s focus our attention on dealing with real environmental and social problems.

PROPOSITION G

CORPORATE PERSONHOOD

YES

If San Francisco voters pass Prop. G, it won’t put any law into effect. It’s simply a policy statement that sends a message: Corporations are not people, and it’s time for the federal government to tackle the overwhelming and deeply troubling control that wealthy corporations have over American politics.

Prop. G declares that money is not speech and that limits on political spending improve democratic processes. It urges a reversal of the notorious Citizens United vs. Federal Elections Commission Supreme Court decision.

A constitutional amendment, and any legal messing with free speech, has serious potential problems. If corporations are limited from spending money on politics, could the same apply to unions or nonprofits? Could such an amendment be used to stop a community organization from spending money to print flyers with political opinions?

But it’s a discussion that the nation needs to have, and Prop. G is a modest start. Vote yes.

Endorsements 2012: State and national races

25

National races

PRESIDENT

BARACK OBAMA

You couldn’t drive down Valencia Street on the evening of Nov. 4, 2008. You couldn’t get through the intersection of 18th and Castro, either. All over the east side of the city, people celebrating the election of Barack Obama and the end of the Bush era launched improptu parties, dancing and singing in the streets, while the cops stood by, smiling. It was the only presidential election in modern history that create such an upwelling of joy on the American left — and while we were a bit more jaded and cautious about celebrating, it was hard not to feel a sense of hope.

That all started to change about a month after the inauguration, when word got out that the big insurance companies were invited to be at the table, discussing health-care reform — and the progressive consumer advocates were not. From that point on, it was clear that the “change” he promised wasn’t going to be a fundamental shift in how power works in Washington.

Obama didn’t even consider a single-payer option. He hasn’t shut down Guantanamo Bay. He hasn’t cut the Pentagon budget. He hasn’t pulled the US out of the unwinnable mess in Afghanistan. He’s been a huge disappointment on progressive tax and economic issues. It wasn’t until late this summer, when he realized he was facing a major enthusiasm gap, that he even agreed to endorse same-sex marriage.

But it’s easy to trash an incumbent president, particularly one who foolishly thought he could get bipartisan support for reforms and instead wound up with a hostile Republican Congress. The truth is, Obama has accomplished a fair amount, given the obstacles he faced. He got a health-care reform bill, weak and imperfect as it was, passed into law, something Democrats have tried and failed at since the era of FDR. The stimulus, weak and limited as it was, clearly prevented the recession from becoming another great depression. His two Supreme Court appointments have been excellent.

And the guy he’s running against is a disaster on the scale of G.W. Bush.

Mitt Romney can’t even tell the truth about himself. He’s proven to be such a creature of the far-right wing of the Republican Party that it’s an embarrassment. A moderate Republican former governor of Massachusetts could have made a credible run for the White House — but Romney has essentially disavowed everything decent that he did in his last elective office, has said one dumb thing after another, and would be on track to be one of the worse presidents in history.

We get it: Obama let us down. But there’s a real choice here, and it’s an easy one. We’ll happily give a shout out to Jill Stein, the candidate of the Green Party, who is talking the way the Democrats ought to be talking, about a Green New Deal that recognizes that the richest nation in the history of the world can and should be doing radically better on employment, health care, the environment, and economic justice. And since Obama’s going to win California by a sizable majority anyway, a protest vote for Stein probably won’t do any harm.

But the next four years will be a critical time for the nation, and Obama is at least pushing in the direction of reality, sanity and hope. We endorsed him with enthusiasm four year ago; we’re endorsing him with clear-eyed reality in 2012.

UNITED STATES SENATE

DIANNE FEINSTEIN

Ugh. Not a pleasant choice here. Elizabeth Emken is pretty much your standard right-wing-nut Republican out of Danville, a fan of reducing government, cutting regulations, and repealing Obamacare. Feinstein, who’s already served four terms, is a conservative Democrat who loves developers, big business, and the death penalty, is hawkish on defense, and has used her clout locally to push for all the wrong candidates and all the wrong things. She can’t even keep her word: After Willie Brown complained that London Breed was saying mean things about him, Feinstein pulled her endorsement of Breed for District 5 supervisor.

It’s astonishing that, in a year when the state Democratic Party is aligned behind Proposition 34, which would replace the death penalty with life without parole, Feinstein can’t find it in herself to back away from her decades-long support of capital punishment. She’s not much better on medical marijuana. And she famously complained when then-mayor Gavin Newsom pushed same-sex marriage to the forefront, saying America wasn’t ready to give LGBT couples the same rights as straight people.

But as chair of the Senate Intelligence Committee, Feinstein was pretty good about investigating CIA torture and continues to call for the closure of Guantanamo Bay. She’s always been rock solid on abortion rights and at least decent, if not strong, on environmental issues.

It’s important for the Democrats to retain the Senate, and Feinstein might as well be unopposed. She turns 80 next year, so it’s likely this will be her last term.

HOUSE OF REPRESENTATIVES, DISTRICT 8

NANCY PELOSI

The real question on the minds of everyone in local politics is what will happen if the Democrats don’t retake the House and Pelosi has to face two more years in the minority. Will she serve out her term? Will her Democratic colleagues decide they want new leadership? The inside scuttle is that Pelosi has no intention of stepping down, but a long list of local politicians is looking at the once-in-a-lifetime chance to run for a Congressional seat, and it’s going to happen relatively soon; Pelosi is 72.

We’ve never been happy with Rep. Pelosi, who used the money and clout of the old Burton machine to come out of nowhere to beat progressive gay supervisor Harry Britt for the seat in 1986. Her signature local achievement is the bill that created the first privatized national park in the nation’s history (the Presidio), which now is home to a giant office complex built by filmmaker George Lucas with the benefit of a $60 million tax break. She long ago stopped representing San Francisco, making her move toward Congressional leadership by moving firmly to the center.

But as speaker of the House, she was a strong ally for President Obama and helped move the health-care bill forward. It’s critical to the success of the Obama administration that the Democrats retake the house and Pelosi resumes the role of speaker.

HOUSE OF REPRESENTATIVES, DISTRICT 9

BARBARA LEE

Barbara Lee represents Berkeley and Oakland in a way Nancy Pelosi doesn’t represent San Francisco. She’s been a strong, sometimes lonely voice against the wars in Iraq and Afghanistan and a leader in the House Progressive Caucus. While Democrats up to and including the president talk about tax cuts for businesses, Lee has been pushing a fair minimum wage, higher taxes on the wealthy, and an end to subsidies for the oil industry. While Oakland Mayor Jean Quan was struggling with Occupy, and San Francisco Mayor Ed Lee was moving to evict the protesters, Barbara Lee was strongly voicing her support for the movement, standing with the activists, and talking about wealth inequality. We’re proud to endorse her for another term.

HOUSE OF REPRESENTATIVES, DISTRICT 12

JACKIE SPEIER

Speier’s an improvement on her predecessor, Tom Lantos, who was a hawk and terrible on Middle East policy. Speier’s a moderate, as you’d expect in this Peninsula seat, but she’s taken the lead on consumer privacy issues (as she did in the state Legislature) and will get re-elected easily. She’s an effective member of a Bay Area delegation that helps keep the House sane, so we’ll endorse her for another term.

State candidates

ASSEMBLY DISTRICT 13

TOM AMMIANO

Tom Ammiano’s the perfect person to represent San Francisco values in Sacramento. He helped sparked and define this city’s progressive movement back in the 1970s as a gay teacher marching alongside with Harvey Milk. In 1999, his unprecedented write-in mayoral campaign woke progressives up from some bad years and ushered in a decade with a progressive majority on the Board of Supervisors that approved landmark legislation such as the universal healthcare program Ammiano created. In the Assembly, he worked to create a regulatory system for medical marijuana and chairs the powerful Public Safety Committee, where he has stopped the flow of mindless tough-on-crime measures that have overflowed our prisons and overburdened our budgets. This is Ammiano’s final term in the Legislature, but we hope it’s not the end of his role in local politics.

STATE ASSEMBLY, DISTRICT 19

PHIL TING

Phil Ting could be assessor of San Francisco, with a nice salary, for the rest of his life if that’s what he wanted to do. He’s done a good job in an office typically populated with make-no-waves political hacks — he went after the Catholic Church when that large institution tried to avoid paying taxes on property transfers. He’s been outspoken on foreclosures and commissioned, on his own initiative, a study showing that a large percentage of local foreclosures involved at least some degree of fraud or improper paperwork.

But Ting is prepared to take a big cut in pay and accept a term-limited future for the challenge of moving into a higher-profile political position. And he’s the right person to represent this westside district.

Ting’s not a radical leftist, but he is willing to talk about tax reform, particularly about the inequities of Prop. 13. He’s carrying the message to homeowners that they’re shouldering a larger part of the burden while commercial properties pay less. He wants to change some of the loopholes in how Prop. 13 is interpreted to help local government collect more money.

It would be nice to have a progressive-minded tax expert in the Legislature, and we’re glad Ting is the front-runner. He’s facing a serious, well-funded onslaught from Michael Breyer, the son of Supreme Court Justice Breyer, who has no political experience or credentials for office and is running a right-wing campaign emphasizing “old-style San Francisco values.”

Not pretty. Vote for Ting.

SENATE DISTRICT 11

MARK LENO

Mark Leno wasn’t always in the Guardian’s camp, and we don’t always agree with his election season endorsements, but he’s been a rock-solid representative in Sacramento and he has earned our respect and our endorsement.

It isn’t just how he votes, which we consistently agree with. Leno has been willing to take on the tough fights, the ones that need to be fought, and shown the tenacity to come out on top in the Legislature, even if he’s ahead of his time. Leno twice got the Legislature to legalize same-sex marriage, he has repeatedly gotten that body to legalize industrial hemp production, and he’s twice passed legislation that would give San Francisco voters the right to set a local vehicle license fees higher than the state’s and use that money for local programs (which the governor finally signed). He’s also been laying an important foundation for creating a single-payer healthcare system and he played an important role in the CleanPowerSF program that San Francisco will implement next year. Leno will easily be re-elected to another term in the Senate and we look forward to his next move (Leno for mayor, 2015?)

 

BART BOARD DISTRICT 9

 

TOM RADULOVICH

San Francisco has been well represented on the BART Board by Radulovich, a smart and forward-thinking urbanist who understands the important role transit plays in the Bay Area. Radulovich has played leadership roles in developing a plan that aims to double the percentage of cyclists using the system, improving the accessibility of many stations to those with limited mobility, pushing through an admittedly imperfect civilian oversight agency for the BART Police, hiring a new head administrator who is more responsive to community concerns, and maintaining the efficiency of an aging system with the highest ridership levels in its history. With a day job serving as executive director of the nonprofit Livable City, Radulovich helped create Sunday Streets and other initiatives that improve our public spaces and make San Francisco a more inviting place to be. And by continuing to provide a guiding vision for a BART system that continues to improve its connections to every corner of the Bay Area, his vision of urbanism is helping to permeate communities throughout the region

BART BOARD, DISTRICT 7

ZACHARY MALLETT

This sprawling district includes part of southeast San Francisco and extends all the way up the I-80 corridor to the Carquinez Bridge. The incumbent, San Franciscan Lynette Sweet, has been a major disappointment. She’s inaccessible, offers few new ideas, and was slow to recognize (much less deal with) the trigger-happy BART Police who until recently had no civilian oversight. Time for a change.

Three candidates are challenging Sweet, all of them from the East Bay (which makes a certain amount of sense — only 17 percent of the district’s population is in San Francisco). Our choice is Zachary Mallett, whose training in urban planning and understanding of the transit system makes up for his lack of political experience.

Mallett’s a graduate of Stanford and UC Berkelely (masters in urban planning with a transportation emphasis) who has taken the time to study what’s working and what isn’t working at BART. Some of his ideas sound a bit off at first — he wants, for example, to raise the cost of subsidized BART rides offered to Muni pass holders — but when you look a the numbers, and who is subsidizing who, it actually makes some sense. He talks intelligently about the roles that the various regional transit systems play and while he’s a bit more moderate than us, particularly on fiscal issues, he’s the best alternative to Sweet.

Supervisors advised against Mirkarimi recusals, essentially removing their gags

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It’s looking increasingly unlikely that any members of the Board of Supervisors will be recused from next week’s big vote on whether to sustain the official misconduct charges against suspended Sheriff Ross Mirkarimi, particularly given an advice letter written today by attorney Scott Emblidge, who is advising the board.

Mirkarimi and his attorneys were hoping some supervisors would admit discussing the case with Mayor Ed Lee or others – particularly Sup. Christina Olague, who is at the center of the controversy about whether Lee committed perjury when he denied, while testifying under oath, ever consulting with any supervisors about the case – and they were disappointed with Emblidge’s advice.

“Scott Emblidge parrots the language of the City Attorney in his recommendation against recusal,” Mirkarimi attorney David Waggoner told us, taking issue with the relationship Emblidge and his firm have with the city and the fact that he also served as legal counsel to the Ethics Commission, some of whose members were unaware of that dual role and expressed concern. “The board must appoint independent counsel.”

In his advice letter, Emblidge did take a similar position to that urged by the City Attorney’s Office, which argued that supervisors are assumed to be politicians who have some relationship with the person that they’re being asked to judge and that analogizing it to a jury in a criminal case isn’t accurate.

“That analogy is misguided. The Charter does not provide for resolution of official misconduct charges by a body unfamiliar with the parties or the facts of the dispute. Rather, it specifically entrusts that decision to the Board of Supervisors, a body composed of individuals who almost certainly would have had dealings with anyone charged with official misconduct,” Emblidge wrote in a letter requested by Board President David Chiu. “Rather than a jury trial, this proceeding is more like an administrative hearing involving employee discipline or other important rights.”

Emblidge said the legal standards indicate that a supervisor must have a financial interest in the decision or be so “personally embroiled” in the case that he/she would have already demonstrated a strong bias or animus against Mirkarimi. And even then, it would be up to a majority vote by the board to excuse a supervisor from the vote.

Such recusal votes are usually mere formalities once a supervisor claims a conflict-of-interest, as then-Sup. Gavin Newsom sometimes did on votes involving landlord-tenant relations. But given that it takes nine of the 11 votes to remove Mirkarimi – with each recusal effectively being a vote in his favor – claims of a conflict will be carefully scrutinized, which Emblidge thinks is appropriate.

“The bar should be high for recusal because of the three-fourths requirement,” Emblidge told the Guardian, making clear that was his personal rather than legal opinion.

The City Attorney’s Office strongly advised the supervisors earlier this year not to discuss the Mirkarimi case with anyone, and they have all heeded that advice and refused to discuss the case with reporters, adding to the drama surrounding a high-profile decision with huge potential long-term ramifications.

Unlike other big decisions, in which supervisors will publicly stake out positions before the vote, often making clear the political dynamics and swing votes, nobody really knows where any of the supervisors stand right now. It’s widely believed that progressive Sups. John Avalos and David Campos – both of whom have unexpectedly easy paths to reelection in November – are the most likely votes for Mirkarimi, with just one more vote needed to reinstate him.

Olague will be in a tough spot politically, torn between supporting the mayor who appointed her and a district that Mirkarimi once represented, where opposition to his removal seems strongest. Ditto with Sup. Jane Kim, a fellow former Green long allied with Mirkarimi, but also someone who backed Lee last year and has ambitions to be the next board president.

This is also a board filled with Ivy League lawyers, and it’s hard to say what aspect of this complex case will draw their focus. Will they side with those who say the decision is simply about showing zero tolerance for domestic violence, or will they share the concerns of Ethics Chair Benedict Hur, who calls this a potentially dangerous precedent that gives too much power to the mayor.

It’s even possible that someone from the board’s conservative bloc of Sups. Sean Elsbernd, Mark Farrell, and Carmen Chu might object to this costly and distracting move by government to go after one individual, making this more about limited government and deferring to voters rather than the fate of an individual for whom they have no particular fondness.

Until now, it’s been difficult to read these tea leaves, but that might be about to change. Emblidge argues that the grounds for recusal are so narrow and restrictive that even if supervisors make public statements about their thoughts on the case, that wouldn’t present a conflict-of-interest that would prevent them from voting on it, particularly now that they’re actively reviewing the record.

So, are we about to start getting some hints from under the dome about how this is going to play out? We’re listening and we’ll let you know.

Critical Mass at 20

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steve@sfbg.com

I was in Zeitgeist on a Friday summer evening, at a planning meeting for the 20th anniversary of Critical Mass, when I first heard about the idea of kicking off the celebration week with a renegade bicycle ride over the Bay Bridge.

The people who first shook up the city’s commute two decades ago were going to take the idea of seizing space from cars a step further — and fulfill a longtime cyclist fantasy. They were going to take the bridge.

Chris Carlsson, the author/activist who helped found Critical Mass and has evangelized the concept around the world, reminded me of this super-secret ride last Wednesday when I finally got around to starting my reporting for this story. I was surprised that I’d forgotten about it — but yes, I told him, I still wanted to be there.

>>JOIN IN ON THE FESTIVITIES WITH OUR GUIDE TO THIS WEEK’S CRITICAL MASS EVENTS

“This will galvanize our sense of the week,” Carlsson told me, explaining that Critical Mass has always been about “opening up a space for a conversation,” whether it’s about how urban space is used or who gets to make that decision.

“There is a real necessity to have a place for people to start thinking creatively. That’s Critical Mass’s enduring contribution, 20 years ago and today.”

What started in September 1992 with 48 cyclists pedaling together through San Francisco has become an enduring worldwide phenomenon. On the last Friday of every month, without leaders or direction, this group bike ride simply meanders through the streets, riders smiling and waving at motorists often perplexed at the temporary alteration of traffic laws by a crowd too big to stop or ignore. While views of Critical Mass may differ, the conversation about urban cycling that it started has had an undeniable impact on how people see cities and their power to shape them, placing it high on the list of San Francisco’s proudest cultural exports.

Last Friday evening — a week before thousands of people are expected to show up for the 20th anniversary ride Sept. 28 — I rode over to a meeting in the back of the art gallery at 518 Valencia, the welcome center for the week. The first international arrivals were there: four Europeans who flew to Mexico City, where most of them built tall bikes to cycle up to San Francisco for the anniversary ride, arriving last week after a four-month trek.

They were veterans of Critical Mass events all over Europe, which borrowed the concept from the Bay Area, and they were happy to be going back to its core.

Andrea Maccarone is a 31-year-old Italian who lives in Paris when he isn’t bike touring, which he does quite a bit, last year riding to consecutive Critical Mass events in Paris, Toulouse, Rome, and Madrid. “It began here and spread everywhere,” he said. “A lot of my lifestyle — I’ve been a bike messenger and worked in bike kitchens — is based on what started here.”

His French girlfriend, Marie Huijbregts, described a cultural happening that began when she was 8 years old. “It’s a political movement of cyclists to release the streets from the cars,” the 28-year-old told me. “It’s environmental, do-it-yourself, and a great way to meet people.”

She said she wanted to be here “because it’s supposed to be the biggest one and all the world was invited. It’s symbolic and I wanted to be a part of it.”

Carlsson has watched the event he helped popularize spread to hundreds of cities around the world, from the Biciletada in Sao Paulo to the Cyklojizda in Prague. He loves to see young people who have been energized by Critical Mass and the larger renegade cyclist movement that grew up around it — from DIY bicycle kitchens and art bikes to creative political actions that seize public spaces — “who dream of San Francisco with stars in their eyes.”

But he often feels like we’re the “hole in the donut” of this international urban cycling movement, unable to retain the same intention and energy that it had when Carlsson, Jim Swanson, and a group of their bike messenger and anarchist cyclist friends conceived of the idea (originally called Commute Clot) in the Market Street office of a zine called Processed World.

Carlsson still hears the stories from people whose lives were changed by Critical Mass. But it was only in the last year or so, as the 20th anniversary approached, that he started regularly riding Critical Mass again, with a new generation of participants often drawn by confrontational yahooism, riding well-trod routes and rejecting efforts to suggest destinations as counter to its leaderless ethos.

“It’s extremely predictable now and I’m sick of it,” Carlsson admitted to me, a less diplomatic version of what he wrote in the introduction to the newly released book of essays he edited, Shift Happens: Critical Mass at 20, writing that the “euphoria of cooperative, joyful reinhabitation of urban space is hard to sustain after a awhile.”

Yet that powerful central idea is still there, and it remains as relevant as ever in cities dominated by fast-moving cars. People working together to create “an organized coincidence” can still change the rules of the road, opening up all kinds of new possibilities.

“It is an unpredictable space and you never know what’s going to happen,” Carlsson told me. That’s true of the history of Critical Mass around the world — with its storied clashes with cops and motorists, and its glorious convergences and joyful infectiousness — and it was true of our quest to take the Bay Bridge the next day.

 

 

TO THE BRIDGE

We weren’t just being daredevils. The idea of fighting for a freeway lane against six lanes of fast-moving cars, drivers distracted by that epic view of San Francisco, was conceived by Carlsson as a political statement protesting current plans to rebuild the Bay Bridge with a bike lane going only from Oakland to Treasure Island, leaving out that final 2.5-mile stretch into The City.

And for years, the Bay Bridge had been out there as a symbol of where bikes couldn’t go — and in dozens of demonstrations, riders have sought to make it up those ramps, particularly during the Bikes Not Bombs rides protesting the US invasion of Iraq, only to be blocked by police.

Carlsson handed out flyers headlined “A Bay Bridge for Everyone,” harking back to the early pre-Internet “xerocracy” that used flyers to promote Critical Mass ideas or suggest routes. A local historian, Carlsson included photos and descriptions of the Bay Bridge with three lanes of cars in each direction on the top deck, back when the lower deck had trains.

Why couldn’t we have one lane back for bikes? Well, it’s actually under consideration — sort of.

The idea of creating a bicycle/pedestrian lane on the western span is the subject of an ongoing $1.6 million study by Caltrans and the Bay Area Toll Authority, which are looking at attaching paths to the sides of the bridge. That would likely require replacing the decks on the bridge with a lighter new surface to compensate for the added weight, all at a cost of up to $1 billion.

Carlsson thinks that’s ridiculous overkill, and probably intended to scuttle the idea (or else put the blame on bicyclists for the cost of resurfacing the bridge). “For five grand, in three hours it could be done,” he said, arguing that all cyclists need is a lane, a protective barrier, perhaps a lowering of the speed limit — oh, and the political will to recognize that we have as much right to this roadway as motorists.

“It is a sad commentary on the nature of our government that the only way the state transit agency will take bicycling seriously as everyday transportation is when pressured by demonstrations and organized public demands,” Carlsson wrote on the flyer. “Why don’t they take the lead in opening space for cycling instead of doing everything to obstruct, deny, and prevent cycling?”

Even getting to Treasure Island for a bike ride isn’t easy for the car-free. Muni only allows two bikes at a time on its 108 bus, so Carlsson borrowed a van to shuttle almost 20 of us out there in multiple trips. Among the crew were the group that rode up from Mexico City, a Peruvian, and many regular local Critical Mass riders, including Bike Cavalry founder Paul Jordan and LisaRuth Elliott, a 10-year Critical Mass rider who helped edit Shift Happens and coordinate volunteers for the anniversary week, along with a couple of its very early adherents: Hugh D’Andrade and Glenn Bachmann.

“Nobody knew what we were doing,” Bachmann said of that first ride. “We didn’t know what was going to happen. But displacing cars left us this intense euphoria.

Elliott said she was drawn to Critical Mass shortly after she got into urban cycling, attracted by the sense of community that had developed around her transportation choice. She was later inspired to visit Paris and Marseille and other cities that adopted Critical Mass rides.

“They have taken charge and are leading their movements to better bicyclable cities. It’s an adaptable idea,” she told me as we prepared to load our bikes on the van bound for Treasure Island.

Once we were out there, we gathered for a picnic on the beach in Cooper Cove, where we got some sobering news from David Wedding Dress, who talked us through the ride and was going to be trailing our crew in his Mercedes as a safety measure.

“Prepare to be in jail until Monday morning,” he told us. There were also the high winds and dangerous gaps to contend with, offering a bleak prognosis.

A veteran radical activist and bicyclist, Dress has ridden the bridge before and been arrested most times, and he didn’t share Carlsson’s view that we were most likely to get away with it. When Carlsson arrived, he tried to shore up our spirits, saying we’d probably be okay if we maintained the element of surprise.

“We have a right to do this and make that point,” Carlsson said.

Elliott, who was already a wobbler going in, decided not to ride, but 16 of us decided to do it anyway, feeling nervous but excited. When a CHP patrol pulled over a car near our spot and it turned into an hour-long arrest and towing ordeal, which we were forced to wait out, we had plenty of time to think about what we were doing.

As D’Andrade told me as we waited to ride up to the bridge entrance, “What feels to me like the early days of Critical Mass is how scary this is.”

 

THE EARLY DAYS

In the beginning, the Critical Mass activists say their battle for space was a safety issue infused with a political message, delivered with a smile derived from the joyous new discovery that riding with friends made it much easier. San Francisco streets were designed for automobiles, and to a lesser extent public transit, with cycling relegated to the bike messengers and a few renegades seen by most as simply refusing to grow up.

Even the nascent San Francisco Bicycle Coalition of that era — which grew in numbers and power on a similar trajectory as Critical Mass, despite its policy of maintaining a defensible distance from that outlaw event — was initially dominated by the philosophy that urban cyclists should ride quickly with car traffic and didn’t need separate lanes.

“That’s what I like to remind people is how scary bicycling was in San Francisco in the early ’90s,” D’Andrade said.

I first encountered Critical Mass in 2001 when I was the news editor for the Sacramento News & Review, and Berkeley resident Jason Meggs brought the movement into automobile-centric Sacramento. My reporters and I covered those early rides, which were met with a harsh crackdown by police, who often cited every minor traffic violation.

But Meggs was committed to the concept, as he wrote in his Shift Happens! essay entitled, “The Johnny Appleseed of Critical Mass,” a role he has played over the last 19 years. “Critical Mass made me a video activist and filmmaker; it sent me to jail and then to law school, and again to graduate school for healthy cities. It provided us the space to build a vibrant bicycle culture, and to feel free and alive in cities that otherwise felt hostile, caustic, and alien,” he wrote.

Meggs calculates that he’s been arrested more than 20 times and received more than 100 traffic tickets during Critical Mass events, beginning with the Berkeley Critical Mass that he started in March of 1993, in part to protest plans to widen I-80.

“Those early rides were legendary — moment to moment ecstatic joy and street theater,” he remembered. “The combination of bike activists and freeway fighters with anarcho-environmentalists on wheels was a combination that couldn’t be beat. Like a newscaster once said of Critical Mass, back then we were drunk with power.”

Yet in almost city where it’s sprouted, Critical Mass has had to battle through crackdowns by police, which are often met with greater determination by the cycling community. San Francisco fought through a showdown with Mayor Willie Brown in 1997, when his threats to shut Critical Mass down turned out thousands of cyclists for the next ride.

In 2007, the San Francisco Chronicle sensationalized a conflict between a motorist and Critical Mass, beginning a media campaign that led Mayor Gavin Newsom to order a heavy police presence on subsequent rides — a show of force, but one without any apparent plan or directive — again increasing number of cyclists.

Each time, San Francisco city officials were forced to accept the inevitability of Critical Mass, opting to avoid the route of the harsh, sustained, and costly crackdowns employed in New York City, whose police and city officials essentially went to war with Critical Mass in 2004 and have all-but destroyed it. Portland has also had a tumultuous relationship with its Critical Mass, with police there essentially shutting it down.

Yet Carlsson noted in his Shift Happens essay that the bicycle activism that formed along with those rides still prevailed: “Both cities — not coincidentally I think — have implemented extensive and intensive street-level redesigns to accommodate the enormous increase in daily cycling that followed the rapid growth and ultimate repression of their Critical Mass rides.”

San Francisco has seen an even greater explosion in the number of cyclists on the roadways, so many that spontaneous “mini-Masses” of cyclists form up during the daily commutes on Market Street and elsewhere. But despite the near-universal City Hall support for cycling here, and the SFBC’s status as one of the city’s largest grassroots political advocacy organizations, Carlsson said San Francisco’s cyclists still lack the infrastructure and policies needed to safely get around the city.

That’s one reason why the challenge of Critical Mass is still relevant, he said, and one reason why we were determined to ride our bikes into San Francisco on the Bay Bridge.

 

ANOTHER DAY

The cops left a little before 6pm, so we massed up and headed for the Bay Bridge, pedaling single-file up a long hill. Soon, the long western span of the bridge came into view, stretching to the downtown destination that we all hoped to reach without incident or arrest, as we passed a sign reading “Pedestrians and Bicycles Prohibited.”

As we crested the hill and dropped down toward the freeway entrance, our pathway seemed clear, with the only real variable being coordinating with Dress in the Mercedes trail car, but Carlsson was on the phone with him and we all assumed that we were about to ride our bikes onto the Bay Bridge.

We were in a fairly tight pack, Maccarone smiling atop the tall bike that had traveled so far to this point, as we rounded the swooping right turn to the point where even cars make a dangerously quick entrance onto the bridge from a complete stop, merging into loud and dense traffic moving at freeway speeds.

We stopped, looked back for Dress, and he wasn’t there. A minute crept by, then another, as cars drove cautiously past us to get onto the freeway, their drivers giving us the same quizzical, confused looks that we’d seen on Critical Mass so many times. Another minute passed, then another, as Carlsson lit one of the road flares that we planned to use as a secondary safety measure to the Mercedes.

Then, a CHP patrol car rounded the bend, the officer sternly telling us over his PA system, “Don’t even think you’re getting on this bridge with those bikes.”

So we turned around and began to head back when Dress finally arrived in his Mercedes, presenting a moment of truth. Did we proceed anyway, even though we had been warned and knew the officer had probably radioed in our presence, taking away the element of surprise and increasing our chances of arrest?

There was dissension in ranks and a clear division among those urging opposite courses of action, but Carlsson and others continued to ride away after talking the Dress, who proceeded onto the freeway. Later, Carlsson said he was still game to go at that moment, but tried to be responsive to the collective: “I was not comfortable imposing going on the bridge on everyone.”

D’Andrade advocated for going anyway, but most felt it was too risky at that point, siding with Carlsson’s argument that is wasn’t about getting arrested: “I like to do something and get away.”

And so it was decided that we would choose a strategic retreat, some pledging to take the bridge some other day, hopefully with greater numbers. Besides, we all had a big week ahead of us, starting the next day with the first official event of Critical Mass’s anniversary week: the Art Bike/Freak Bike Ride and BBQ.

We gathered the next afternoon on the waterfront under sunny blue skies, our aborted bike crew increased in size 10-fold, joined by underground DIY bike crews from San Francisco’s own Cyclecide to the Black Label crews from Minneapolis, Oakland, and Los Angeles, infusing the ride with a countercultural edge.

Urban bike culture is now vast and varied — from the eco-warriors and urban thinkers to wage slaves and renegade tinkerers — and they’ve all found a regular home in Critical Mass. “Twenty years on, people are kinda nostalgic about it, even if they don’t ride in it or think it’s a good idea,” an activist name rRez told me during that beautiful Sunday ride, the one we were able to take because we weren’t in jail.

Carlsson told me on the ride that he was at peace with our failed mission of the day before, a sign that being radical isn’t the same thing as being reckless. “That was a good strategic retreat moment. It’s very adult,” he said. “It was a good experience for all of us, and nothing bad happened and nobody is in jail.”

In a way, that’s the essence of Critical Mass. It isn’t pure anarchy, and it’s not about fighting with the cops or the motorists, something Carlsson sees as straying from its original intent. It’s a joyful gathering, an exercise in the power of people who are willing to challenge the status quo and take well-considered risks to create a society of their choosing.

“In a modern capitalist society, the roads are the lifeblood,” Carlsson said, “and if you block them, you’re a threat.”

 

CELEBRATE 20 YEARS OF CRITICAL MASS

 

Wednesday 26

East Bay Ride, meet at West Oakland BART station, 11:45am. Ride along the east shore of the bay to the Rosie the Riveter monument in Richmond.

NOIZ Ride, McKinley statue on the Panhandle at Baker Street, noon. Bring food, drink, and layers for a several hour, non-strenuous ride featuring three live bands.

Shift Happens book release party and discussion, Main SF Library, Latino-Hispanic Room, 100 Larkin St, 5:45 p.m. Discuss Critical Mass and this new book with its writers.

Book release concert, Great American Music Hall, 859 O’Farrell, SF, $15, 8pm. Featuring Seaweed Sway, Aaron Glass and Friends, and Kelly McFarling

 

Thursday 27

Mosquito Abatement Ride, Meeting place TBA near 16th & Valencia, SF, 11am. One-hour rides with a cycling city contractor.

NYC Critical Mass discussion and video, 518 Valencia, SF, 2pm. Hosted by Times Up New York City.

Bike Polo, Jose Coronado Playground, 21st and Shotwell, SF, 7-9pm. Play with locals and visitors, share a beer.

Bikes, Bands, and Brew: CM’s 20th Bday party, CELLspace, 2050 Bryant, 7pm, $10-20. Bike cultural offerings and music by Grass Widow, Apogee Sound Club, The Rabbles, and Future Twin.

 

Friday 28

20th Anniversary Critical Mass Ride, Justin “Pee Wee” Herman Plaza, Market and Embarcadero, SF, 6pm

Vintage Bicycle Film Festival, Oddball Films, 275 Capp, SF, $10. Saturday 29 International Critical Mass Symposium, California Institute of Integral Studies, 1453 Mission, Rooms 303/304, 5-8pm. Event will include an open mic and CM20 Anniversary Week photo contest at 7pm Sunday 30 Farewell Bike Ride and Party, 1pm departure from 518 Valencia, 2pm at Ocean Beach. Bring food and drink to share with your new friends and listen to bands on Rock the Bike’s pedal-powered stage. For more events and details, visit www.sfcriticalmass.org

The historic PG&E/clean energy vote today

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And so, after a Guardian campaign that started in 1969 to kick PG&E out of City Hall and bring the city’s own Hetch Hetchy public power to San Francisco residents and businesses, the San Francisco Chronicle reported  in Monday’s edition ( 9/17/2012)  that San Francisco “is on the threshold of taking a major step into the public power realm.”

The lead story by John Cote, under a big front page head “Clean power plan would skirt PG&E,”  nicely laid out the CleanPowerSF program and even said that the plan “would effectively break Pacific Gas and Electric Company’s decades-old monopoly on the consumer power market in its headquarters city.”

He quoted Sup. David Campos, sponsor of the legislation, as saying that “This is about giving consumers a choice. And for the choice to be meaningful, it can’t be dependent on one company deciding the energy future of this city.”  The plan goes before the board on Tuesday (9/18/2012) and public power advocates say they have the votes for passage, despite PG&E’s furious lobbying inside and outside City Hall.

What Cote didn’t say, and what the Chronicle has been blacking out for decades, is the crucial point that this clean energy/ public power plan is no ordinary vote on an ordinary issue.  It is an extraordinary vote that would  start the process to enforce the federal Raker Act of 1913 that mandates that San Francisco have a public power system because the city dammed Hetch Hetchy Valley in Yosemite National Park for its cheap public water and cheap public power.  The city got the cheap Hetch Hetchy water, but it never got the cheap Hetch Hetchy power because PG&E stole it and forced the city to buy PG&E’s expensive private power all these years. The cost: billions of dollars for decades to the taxpayers and enduring structural corruption at City Hall. The Guardian has called this PG&E/Raker Act scandal the biggest urban scandal in U.S. history. It still is.

It’s quite a story and I urge you to check out the hundreds of investigations, stories, editorials, cartoons, and graphics the Guardian has used for years to illuminate the scandal and fight to enforce  the Raker Ac t and bring our own Hetch Hetchy power to our own people in San Francisco.

Buried in the Cote story is a key political point: Mayor Ed Lee, the man who became interim mayor on a phony premise and then lied his way into a full term as mayor, reiterated his “concerns” through a spokesperson that he is, gosh, golly, gee, “concerned about the opt-out provisions, the risks associated with the contract and the cost to residents.”

Marvelous. Simply marvelous. Lee is once again enunciating the PG&E line that mayors before him, notably Willie Brown and Gavin Newsom, have used to keep City Hall safe for PG&E and undercut the threat of public power coming to San Francisco and disturbing PG&E’s questionably legal monopoly. Brown, let me emphasize, was under PG&E’s thumb before, during, and after his mayoral tenure and now operates as an unregistered, $200,000-a -year PG&E lobbyist, Chronicle columnist, and key Lee confidant  and ally.

The current public power proposal isn’t as strong as the three public power initiatives that PG&E spent tens of millions of dollars to defeat.  PG&E would still own the lines and network, handle maintenance, and send out the bills.

But the proposal would provide l00 per cent renewable power to residents who want to pay a bit more for it, build a customer base and revenue stream for city-owned renewable power generation, advance the city’s greenhouse-gas reduction goals, and set aside $2 million to study public power options.  Most important, it would be a helluva good first step toward enforcing the public power provisions of the Raker Act and kicking PG&E out of City Hall.

The supervisors and Lee should approve the legislation and move it forward vigorously and without delay.

This is a historic moment and a historic vote in San Francisco history.  The question is, who is going to be on the right side of history and who is going to be on the wrong side of history with a PG&E vote that will live in infamy?  B3

P.S. A tip of the clean energy hat to Ed Harrington, who successfully wrestled  the proposal through the sea of crocodiles and hippos at City Hall.  He delayed his retirement as general manager of the San Francisco Public Utilities Commission to finish up the proposal.  “This is the single biggest program that is even on the  horizon within the city and county of San Francisco to make any difference toward any of the goals that you have set as board members in terms of having a change in greenhouse gas emissions and climate change in San Francisco,” he told the supervisors’ budget committee last week as reported by Cote.  “This program can make a dramatic change.”  

And a tip of the clean energy hat to Sup. Campos, who put the proposal forward up against  fortress PG&E,  More: a tip of the clean energy hat and a  bow to all the many public power advocates who have fought for years to bring clean energy and public power out of the wilderness and to this position. Furthermore, I salute  Sheriff Ross Mirkarimi, who led the first  two public power initiative campaigns as the unpaid manager and then took on the herculean job of orchestrating the clean energy/cca proposal inside City Hall .when he became a supervisor. Mirkarimi is now paying the price for, among other things, successfully taking on PG&E and the PG&E establishment. His was an enormously courageous and important public service.  On guard,   B3

 

Why Question Time is boring

9

So Sup. Jane Kim isn’t sure Question Time is useful. And the press and some other board members think that, to quote Sup. John Avalos, it’s “deadening.”

Well, there’s a reason for that — the mayor doesn’t like the idea of appearing in an unscripted forum with board members, where he could face tough questions he doesn’t expect and engage in some real debate. And led by Board President David Chiu, the supervisors intentionally created a system that guarantees nothing valuable will happen.

The board sets the rules for Question Time. It’s in the law. And the mayor has to follow those rules.

The whole idea, when Sup. Chris Daly first brought this up, was to mandate that the chief executive interact with the board — and to provide an opportunity for the supervisors to engage in public discussion and debate with the occupant of an office that under Mayors Willie Brown and Gavin Newsom had become increasinly imperious.

Lee’s nowhere near as bad — but still, what Daly envisioned, and what the voters approved, was an open forum. Instead, we got a farce, a pre-scripted scene where the supervisors submit questions in advance, the mayor reads from a prepared answer, and there’s no follow-up or back-and-forth.

Yeah, it’s boring. No, it’s not useless. It’s just broken, because the supervisors didn’t have the guts to put into practice what the voters wanted. It’s simple: Change the rules. Get rid of the requirement that questions be sumitted in advance. Let the supervisors ask, challenge, debate, follow up. That would be a public service.

And the idea that the mayor can’t handle a few unscripted questions is insulting. Lee handles press conferences just fine. And I suspect the supes would be no worse than those wild, unpredictable hordes in the City Hall press corps.

Full circle

52

steve@sfbg.com

When Mayor Ed Lee suspended Sheriff Ross Mirkarimi in March, he publicly took the position that it was an act of official misconduct when Mirkarimi grabbed his wife’s arm during a Dec. 31 argument, subsequently pleaded guilty to false imprisonment, and was placed on probation for three years.

Lee and his allies said that under those conditions, Mirkarimi could no longer effectively function as the city’s top elected law enforcement officer and that his actions clearly violated the City Charter’s ban on "conduct that falls below the standard of decency, good faith and right action impliedly required of all public officers."

The City Attorney’s Office, through deputies Peter Keith and Sherri Kaiser, has maintained that position throughout the investigation and Ethics Commission proceedings over the last five months. On August 16, on a 4-1 vote, the commission agreed and recommend the Board of Supervisors find its former colleague guilty of official misconduct, which would almost certainly result in his removal from office.

But that simple set of facts and interpretations belies the ugly spectacle that Lee and the City Attorney’s Office actually decided to create — at great cost to taxpayers, Mirkarimi’s reputation, and the public’s faith in the proceedings — over the last five months.

Instead of sticking by their initial position, Lee and his attorneys decided to pile on a long list of other official misconduct charges: dissuading witnesses to his crime, impeding a police investigation, abusing his authority in several ways, engaging in a pattern of abuse of women, refusing to cooperate with a city investigation, lying to officers in a scheme to keep a gun, and other charges.

Almost all of those accusations were included in the original written charges that Lee filed on March 21 — before the city had actually begun its investigation to learn whether there was any evidence to support them. Keith and Kaiser continued to make all those accusations right up until the end.

When the Ethics Commission finally deliberated on August 16, going through each of the main factual allegations against Mirkarimi, one by one, it unanimously agreed that there wasn’t enough evidence to support any of those other charges, even using the "preponderance of evidence" standard that is lower than the "beyond reasonable doubt" standard used in criminal cases.

So in the end, the case against Mirkarimi ended at the same place where it began: with the question of whether pleading guilty to a misdemeanor act of domestic violence warrants the removal of an elected official. But the implications and repercussions of what has transpired over these last five months could be felt for many years, in ways that it’s impossible to predict today.

WHAT IS OFFICIAL MISCONDUCT?


With very few legal precedents to guide them, the commissioners spent most of the nine-hour hearing on Aug. 16 wrestling with how to interpret the city’s untested new official misconduct language, how directly the wrongful behavior must relate to the office, and whether broadly interpreting those two issues gives too much power to the mayor.

Underlying that discussion is the question of whether the statute and the city’s interpretation of it will eventually be struck down as unconstitutionally vague by the courts, which Mirkarimi will likely turn to if the board removes him from office. But the commission pointedly refused to enter that debate, with Commissioner Jamienne Studley saying, "I don’t think determining constitutionality is what I signed on for as a commissioner."

Chair Benedict Hur, the sole dissenter in recommending a finding of official misconduct, expressed far more concern about the precedent they were setting than with the fate of Mirkarimi, whose actions he strongly condemned as "clearly wrongful and unlawful."

"There has to be a direct relationship of the behavior to the office held," Hur said. "If we don’t find a nexus, we are opening this provision up to abuse down the road."

Commissioner Paul Renne led the charge in interpreting misconduct in the broadest possible way, arguing it didn’t even have to be related to his official duties. "There’s nothing in that clause that says the misconduct has to relate to the office," Renne said.

But Hur called that a "dangerous precedent," saying he has "grave concerns" about how such a broad interpretation could be applied in the future. "I have a lot of concerns about where you draw the line if you don’t relate it to official duties," he said.

For example, could members of the Board of Supervisors be removed after getting arrested at demonstrations — as has happened many times before in connections with labor and other disputes — or even for using colorful language with constituents or colleagues that might violate a future mayor’s "standard of decency?"

Mirkarimi attorney Shepherd Kopp said there’s a good reason why recall is the preferred means of removing an elected officials accused of wrongdoing, calling the charter "an imperfect document" that can’t cover all circumstances — indeed, it doesn’t allow for the removal of mayors, even those who commit serious crimes — noting that "this is a rarely brought proceeding and it can have the effect of contravening the will of the electorate."

"These proceedings," Kopp said, "are far too susceptible to the vagaries of politics."

THE PILE-ON


Lee’s decision to overcharge Mirkarimi could be a costly one. The City Attorney’s Office won’t release expenses associated with ongoing legal actions like this one, but most indications are that it will run into the millions of dollars, perhaps many millions depending on how Mirkarimi fares in the courts if he is removed and challenges the city’s actions.

According to the City Attorney’s Office, the official misconduct proceedings against former Sup. Ed Jew in 2007 cost the city $381,505 in legal fees, but that was a relatively short and simple proceeding, with just one Ethics Commission hearing and couple of state court appearances before the case was settled.

By contrast, the case against Mirkarimi has already entailed five months of detailed exchanges between the two sides’ attorneys, covering a wide array of legal issues, and months-long investigations of matters only tangentially related to the core charge. The city has paid out money for expert witness. Mayor Lee cast a wide net to catch the fish that he had already hooked before setting out to sea.

Even if the Jew case had played out to completion, it would likely have cost just a fraction of what Mirkarimi’s will, for a simple reason: Mayor Lee acted quickly and brought a broad array of charges before investigating them. Then-Mayor Gavin Newsom investigated whether Jew really lived in the city and then brought just that narrow charge.

The simple residency question was enough to warrant Jew’s removal, and Newsom didn’t even need to get into the far more serious corruption charges related to Jew being caught with $80,000 in marked bills as part of an FBI extortion sting, for which Jew is still serving a five-year term in federal prison.

Lee has refused to justify his decision to pile on the charges and introduce defamatory declarations unsupported by direct evidence, such as the long declaration of key witness Ivory Madison, most of which was stricken from the record after Commissioner Paul Renne called it "clearly hearsay, clearly having the intention of poisoning the well" and said "a first-year lawyer should know that much of it is inadmissible and it should not have been given to us."

Even though Keith apologized to Renne and the commission, Lee and his lawyers continued to defend much of that declaration and use it as the basis for many of their most incredible accusations.

"You received a great deal of evidence, most of it from the mayor and most of it unchallenged," Keith said in his closing statement, glossing over the multitude of challenges and the fact that most evidence doesn’t support the city’s charges.

Mayoral Press Secretary Christine Falvey wouldn’t address a list of Guardian questions about overcharging the case and continuing to rely on discredited evidence. Instead, the Mayor’s Office stands by this Aug. 16 prepared statement: "I am pleased that the members of the Ethics Commission, following a careful review of the evidence, and in the face of a sustained campaign to distract and misdirect them from the facts, agreed with me that Ross Mirkarimi’s actions constitute official misconduct and fall below the ethical conduct we expect of the sheriff."

City Attorney’s Office spokesperson Matt Dorsey said his office also stands by the process: "We respect Ethics Commissioners’ differing opinions about the remaining counts. But nothing about the commission’s conclusions would cause us to pursue these charges of official misconduct differently if we had to do it over again."

But Mirkarimi’s team says it is Lee who has repeatedly sought to distract and misdirect the public, whether through unsubstantiated claims in his charging documents or Lee’s public statements that Mirkarimi "beats his wife" and other comments that blow a single arm-grab out of proportion.

"What the commission has effectively done is agreed with us that’s the only issue," Mirkarimi attorney David Waggoner told reporters after the hearing, noting that he had offered to stipulate to those facts from the beginning and avoid a prosecution that his closing brief deemed "a dog and pony show." Mirkarimi also told reporters that "the piling on of these charges has weighted us down" and complicated his defense. He added, "I leave this process concerned that the will of the voters is being undermined."

THE PRICE OF OVERKILL


Perhaps it was understandable for the city to use over-the-top tactics on Mirkarimi, who has certainly been weakened by proceedings that generated reams of fodder to be used against him in future elections if he survives the board’s removal vote. But the tactic also seems to have hardened the stance of Mirkarimi’s supporters and fed their conviction that this was a politically motivated prosecution and misuse of public resources.

During more than three hours of public testimony on Aug. 16, with each speaker strictly limited to less than two minutes each, speakers overwhelmingly favored Mirkarimi and condemned the city case as overkill.

"Some of the things done in this case, and the levels this has gone to, is outrageous," said Brenda Barros, who works in the city’s public health clinic and said these resources could be better applied to help the "seriously abused women" she works with. Barros called the city’s case "a political witch hunt."

"I think Mayor Lee has overstepped his boundaries and I think you should find that as well," said Pedro Fernandez, a private investigator and former San Francisco Police officer.

David Elliott Lewis, a member of the city’s Mental Health Board, noted that the Sheriff’s Department has no civilian oversight, making the role of an elected sheriff who is progressive and independent of the city’s good-old-boy police culture all the more important. "Those who claim otherwise are really politically motivated," he said.

One issue left unresolved by the Ethics Commission is whether Mirkarimi should be removed even though the case against him was substantially whittled down. In fact, several commissioners indicated during the hearing that they thought the findings and punishment were separate issues.

"Do you agree that it is a two-step process we have to deal with?" Renne asked Keith, referring to the official misconduct finding and whether Lee abused his discretion by removing Mirkarimi.

"There is a determination of, are the consequences appropriate to the wrongful action," Keith replied.

But later, when attorney Scott Emblidge — who is volunteering his legal services to both the Ethics Commission and Board of Supervisors on this case — offered his interpretation that the charter language requires removal of officials found to have committed official misconduct, the commission accepted that and opted not to consider recommending a lesser punishment to the Board of Supervisors.

Mirkarimi’s team objected to the commission’s rewriting of new charges based on its evidentiary findings, and things got so confusing by the end that the commission decided to meet one more time in early September to finalize its recommendation.

So the case probably won’t get to the board until mid-September. Nine votes are required to remove Mirkarimi and the charter requires the board act within 30 days, meaning that final vote will be just a few weeks before the Nov. 6 election, timing that will only increase perceptions that politics will largely determine its outcome.

Newsom votes for — and pushes — housing for the rich

10

I can’t say if the campaign contributions had anything to do with it (in fact, nobody seems to know when campaign contributions become bribery) but for whatever reason, Lt. Gov Gavin Newsom not only voted for 8 Washington on the State Lands Commission — he pushed hard to make sure the project went through.

According to former City Attorney Louise Renne, who was at the hearing making the case against the project, the director of the governor’s office of finance, Ana Matosantos, sent a proxy. So did state Controller John Chiang. Newsom appeared in person.

And when Matosantos’s person reviewed the evidence, he decided that it wasn’t appropriate for the panel to take any action — thanks to a successful referendum effort, the whole matter is in legal limbo in San Francisco until Nov. 2013. But Newsom was having none of it.

“It was very close at first, the controller’s representative went back and forth,” Renne told me. “But the lieutenant governor was very clear that the matter should be addressed today, and he swayed the vote.”

In the end, it was 2-0 to approve the deal, with Matosantos’s rep abstaining.

So as if there were any doubt, we know where Newsom is when it comes to giving public land to a developer to build housing for the top sliver of the 1 percent.

 

 

Newsom will vote on campaign donors’ projects

7

On the front page of the Chronicle Aug. 12, California Watch reported that Lieutenant Governor Gavin Newsom has been promoting the interests of campaign donors in San Diego and San Bernardino. It’s nothing criminal, but it looks bad – and it’s just the start.

Newsom, who sits on the state Lands Commission (one of the few critical duties of the Lite Guv) has received thousands of dollars in donations from interested parties looking to exploit San Francisco’s waterfront, public records show. And he will be voting on the future of their projects.

Newsom received $2,000 for his 2014 campaign from two lawyers, Neil Sekhri and Mary Murphy. Both attorneys are at the law firm Gibson, Dunn and Crutcher, and are involved with the controversial 8 Washington project – which comes before the Lands Commission Aug. 14. Since part of the site of the most expensive condos in San Francisco history is state Tidelands Trust property, the state has to approve the deal. Newsom will be one of three members voting.

The future site for the Golden State Warriors arena is along the waterfront. The decision to turn over that land to private investors will come before Newsom’s panel, too – and Newsom has received more than $6,000 from interested parties.
The Strada Investment Group, which is representing the Warriors as a development consultant, gave Newsom $5,000, records on file with the Secretary of State show. Jesse Blout, real estate investor for the group contributed $750. Scott Stafford, principal, contributed $750. Marty Glide, chief executive officer of the Warriors, contributed $2,000 Newsom’s campaign.

Aaron Peskin, former supervisor and a foe of 8 Washington, issued a press release Aug. 13 calling on Newsom to recuse himself from voting on that project. Newsom’s office hasn’t responded to us, but it’s a safe bet that’s not going to happen. Newsom didn’t get where he is by stiffing campaign donors when they need him on a big vote.

There’s another  problem with the Lands Commission vote on 8 Washington. According to former City Attorney Louise Renne, the commission can’t vote on a project that doesn’t actually exist.

Her argument, laid out in an Aug. 7 letter to the commission, is simple: More than 31,000 San Francisco voters signed a petition demanding a vote on the project – and the Department of Elections has certified the referendum for a citywide vote. That can’t happen until November 2013. “Under these circumstances,” Renne wrote, “you do not have a currently valid 8 Washington Street/Seawall Lot 351 project before you for consideration. Approvals of the project are suspended by law.”

Does the commission even care if what it’s doing is legal? Anyone placing bets?

UPDATE: We just got a statement from Newsom’s chief of staff, Chris Garland, who told us that the Attorney General’s Office and the Lands Commission legal staff agreed that none of the panel members have a conflict of interest.  “The lieutenant governor has enjoyed the support of parties on both sides of this issue and is capable of looking at the item impartially and doing what is right for the state,” he said. “This isn’t a matter of contributions; it’s matter of calling balls and strikes on an important project.”

Okay then.

Perspective and proportion

46

steve@sfbg.com

In the eyes of his critics, suspended Sheriff Ross Mirkarimi may never be able to recover from the portrayal by prosecutors and Mayor Ed Lee that he abused his wife, intimidated her with threats to use his power to take custody of their young son if they divorced, and used her and his campaign manager to try to dissuade witnesses and thwart a police investigation.

The tearful video of his wife, Venezuelan actress Eliana Lopez, displaying the bruise on her arm, and the fact that Mirkarimi pleaded guilty to a misdemeanor false-imprisonment charge in connection with the incident are all these critics need to condemn him. Indeed, it was all that Lee relied on when he suspended Mirkarimi without pay and launched unprecedented official misconduct proceedings to remove him from office.

But now that the Ethics Commission has gotten through the substance of its inquiry — and past the tedious work of creating from scratch systems and standards for gathering evidence and evaluating whether it warrants an elected official’s removal by the mayor — the testimony has told a very different story of what really happened.

Accusations of witness dissuasion (which had been one of three original criminal charges Mirkarimi faced before agreeing to a lesser plea deal) and abusing his official position haven’t been supported by any direct evidence or testimony, and as the hearings wore on, Deputy City Attorneys Peter Keith and Sherri Kaiser were looking increasingly vindictive as they fruitlessly pursued those angles with witnesses who seemed credible.

There is also no direct evidence that the abuse was anything more than a moment of frustration and bad judgment at noontime on Dec. 31, when Mirkarimi grabbed Lopez’s arm as she tried to walk away from their heated argument about divorce child custody, and she yanked it away, eight days before his swearing in as sheriff.

Whether that incident and its aftermath meets the City Charter’s broad and untested definition of official misconduct — including “conduct that falls below the standard of decency, good faith and right action impliedly required of all public officials” — will be up to the interpretation of the Ethics Commission, which has now accepted all the evidence that it has deemed relevant and credible. All that remains is the fight over its “finding of fact” at an Aug. 16 hearing and its subsequent recommendation to the Board of Supervisors, which could begin considering the matter in September.

There won’t be an inquiry into whether Mayor Lee committed perjury on June 29, as outside witnesses said he did on two separate issues. The commission July 19 rejected the argument by Mirkarimi’s attorneys that Lee’s alleged lies under oath would cast doubt over his reasons for launching these unprecedented proceedings and the discretionary judgment he exercised. Commissioners decided that was a tangential issue.

In the final hour of the commission’s laborious work in whittling down the voluminous evidence that the city has presented in this case — which both sides and the commission openly acknowledge will likely be considered by the courts as well as the board — it also made deep cuts into the written testimony of attorney Nancy Lemon, a domestic violence expert who drew damning conclusions about Mirkarimi based on how “batterers” typically behave.

That’s been a big part of the city’s case, reducing Mirkarimi down to a two-dimensional batterer whose every action can be predicted by that distinction, from the manner in which he relinquished his weapons to police to the reasons why Lopez has resisted cooperating with efforts to charge her husband with crimes and remove him from office.

Lemon’s testimony was based almost solely on second-hand descriptions of life in the Mirkarimi household in a 22-page written declaration by neighbor Ivory Madison, who was also the only witness that Lee said he spoke to before removing Mirkarimi from office. But most of Madison’s incredible and fantastical narrative — which painted Mirkarimi as a monster who repeatedly abused Lopez and their son and controlled every aspect of their domestic life, right down to what and whether they ate — had already been discredited and disallowed by skeptical commissioners in June.

“I was disappointed by the content of Ivory Madison’s declaration. A first-year lawyer should know that much of it is inadmissible and it should not have been given to us,” Commissioner Paul Renne told Keith in June. Renne called the declaration “clearly hearsay, clearly having the intention of poisoning the well of this hearing.”

Keith apologized and offered little resistance to much of the declaration’s removal, but the city has nonetheless continued to rely on the second-hand accounts of Madison and another neighbor, Callie Williams, in its descriptions of Mirkarimi’s conduct and the questioning of witnesses.

But that hearsay evidence and speculation was countered on July 18 and 19 with the extended cross examination of two key witnesses in the case: Lopez and Mirkarimi campaign manager Linnette Peralta Haynes, a woman with domestic violence training who Lopez reached out to on that pivotal day of Jan. 4 when Madison called the police. Each woman spent more than three grueling hours each on the stand, questioned by city attorneys and commissioners — and they painted a very different portrait of the events than Lee and Madison had.

As for Madison — having had most of her testimony stricken from the record, and with Lopez testifying about Madison’s sudden zeal for going after Mirkarimi and involving his political opponents in that process — Mirkarimi’s team decided not to call her to the stand for live cross-examination. Attorney Shepherd Kopp told reporters, “I think the neighbor’s testimony is suspect at best.”

The go-between

Haynes was central to the city’s allegation that Mirkarimi dissuaded witnesses and sought to thwart a police investigation. Phone and electronic records revealed that she communicated with both Lopez and Mirkarimi many times on Jan. 4, the day Mirkarimi learned that his wife had been confiding with neighbors about the Dec. 31 incident and that Madison had broken that confidence and called the police.

The city’s apparent theory was that Haynes acted as Mirkarimi’s agent in trying to cover up the incident and do damage control, including coaching Lopez on what to say to Madison and Williams.

But the city has never had any evidence to support its theory, and this was its first chance to question Haynes, who had been at the end of a high-risk pregnancy and resisted cooperating with the investigation.

Yet despite Kaiser and commissioners grilling Haynes for more than three hours — twice as long as she had told the commission that she would need — no smoking gun emerged. Haynes seemed calm and consistent as she described giving Lopez emotional support and probing to ensure that she wasn’t in danger. Kaiser fumbled through technical difficulties and maintained an accusatory and belittling tone even as the answers she was receiving seemed to destroy her line of questioning.

“I think the house of cards that mayor has been trying to establish about witness dissuasion was demolished by Linnette Peralta Haynes, who was absolutely credible,” Mirkarimi attorney Shepherd Kopp told reporters after the hearing.

Haynes has a background in domestic violence, undergoing a 40-hour certification training in the mid-90s when she went to work for a domestic violence center in San Mateo for almost two years, then later helping develop and teach a domestic violence curriculum for the jail in San Francisco.

She’s familiar with the Power and Control Wheel — the basis for many of Lemon’s conclusions — which indicates how physical abuse can be connected to other forms of abuse, such as emotional, verbal, and sexual abuse. It was with this background and training that Haynes questioned Lopez about whether she was in danger and being abused when she got an unexpected call on the morning of Jan. 4.

“She let me know she had an argument with Ross and wanted to talk to me,” Haynes said, later answering another question by saying, “She told me she was really worried about custody issues and she was talking to a friend who was an attorney.”

That friend turned out to be Madison, who Lopez maintains had represented herself as an attorney who would keep their conversation and the video they made of her injuries confidential, to be used only in the event of a custody battle. The city has sought to cast doubt on that claim — which the court rejected in Mirkarimi’s criminal case when it admitted the video as evidence — implying that Madison was simply a concerned friend and the attorney argument was developed weeks later.

Haynes said she asked Lopez whether there had been any prior incidents of physical abuse, whether Lopez felt unsafe, and whether she had been subjected to other forms of abuse — defining each form for Lopez — and that she was told “no” to each question.

“I asked if she thought she was in danger and she said no,” Haynes said.

Later on Jan. 4, Lopez told Haynes she had made the video: “She told me a friend had helped me do a video just in case I needed it for custody issues…She did tell me that she really wanted to work on her marriage, that she wanted to make to make it work, but that just in case she wanted to make sure she got custody of Theo.”

Lopez later testified that one reason she sought out Haynes was because Madison had suddenly become aggressive in trying to convince her that she was a domestic violence victim and the incident needed to be reported to the police, and Lopez wanted to get the perspective of someone with a background in domestic violence.

“I said, I have a person telling me this, I want your opinion about it,” Lopez testified.

Around 12:30pm that day, when Madison informed Lopez that she had called the police and they were on the way, she frantically called Haynes from Madison’s house and suddenly put the two women on the phone together, which Madison and the city have characterized as a witness dissuasion effort.

Haynes said she was confused when Lopez suddenly handed the phone to Madison: “She said, ‘help me, help me, help me,’ and I’m on the phone wondering what’s going on.”

“[Madison] told me, ‘I’ve been talking to Eliana for several days and I just called the police,’” Haynes said.

Haynes said she asked Madison if she had called any domestic violence agencies or if she just called the police “and she got very agitated” — adopting a defensive tone of voice — and that reaction seemed “fishy” to Haynes.

Asked whether she tried to dissuade Madison from talking to the police, she responded, “I told her she should maybe talk to her friend about what she wants.” She said that she could hear Lopez telling Madison, “This is not what I want, this is not what I want.”

So Haynes said she tried to extricate herself from the situation: “I told her I really think you need to get off the phone, talk to Eliana, and respect her.” And the phone conversation ended with Lopez getting back on the line and telling Haynes to call Mirkarimi to let him know what was going on.

But Mirkarimi was busy and not answering his phone, prompting Haynes to text at one point that he needed to answer ‘so I can protect you.” What did she mean by that, Kaiser asked.

“My thinking was that something sounded fishy, something wasn’t right, and they need legal help,” Haynes said.

“Your focus had been on Eliana up until then?” Kaiser asked.

“My focus has always been Eliana,” Haynes responded.

Later, asked about the nature of her repeated phone conversations with Lopez, she denied helping her strategize ways to dealing with witnesses or police. “I was just providing support for her, emotional support,” Haynes said, later adding “I wanted to be present for her.”

The victim

Lopez testified that while the grabbing incident was unacceptable and serious — which she conveyed to Mirkarimi — she didn’t consider herself to be in an abusive environment or in need of outside help, except perhaps the marriage counseling she had been seeking and which Mirkarimi finally agreed to.

“An abusive environment is when those kinds of think happen every day or every week,” she said, maintaining — in the face of repeated questioning — that this was the first and only instance of physical abuse.

“At the end of the day on Dec. 31, I told him, that cannot happen, this is wrong, we need counseling,” she said. “He realized it was wrong and he took it very seriously.”

But she said that Madison went from being a supportive friend and counselor on Jan. 1 to suddenly becoming increasingly insistent that Lopez report the incident to police in the days that followed.

“She started trying to convince me to call the police in that email,” Lopez said, answering a question about a Jan. 2 message from Madison, “but that wasn’t our conversation on Jan. 1.”

Lopez said Madison’s approach got more aggressive. “She said, ‘screw him, I have a lot of friends willing to help you,’” Lopez said, noting that Madison offered her the vacant homes of rich friends and offered to bring in journalist Phil Bronstein, DA George Gascon, Attorney General Kamala Harris, and Lieutenant Governor Gavin Newsom to help her.

“It looked to me suspicious…She was calling Ross’ political enemies,” Lopez said.

When Lopez finally made it clear she didn’t want police involvement, Madison called the police.

“I didn’t expect that my lawyer could call the police on her own. I thought that was my decision,” Lopez said.

Keith tried to tie Lopez’s custody concerns to his status as sheriff, driving at that point with many questions. But Lopez said her concern was that California family courts would favor Mirkarimi simply because he’s an American and she’s from a country that has bad relations with the US.

“In this country, I think he’s in a better position than me,” she said. After he again tried to make it about his official position, she said, “As a sheriff, no; as an American, yes.”

She denied the claim by the city and Madison that it was Mirkarimi who sought to improperly use his position, a key element of removing him for official misconduct. Lopez said her conclusions about Mirkarimi’s advantages in a potential custody battle were the result of conversation that happened much earlier.

“That conversation happened in March 2011. He wasn’t even thinking about running for sheriff at that point,” she said, denying that Mirkarimi ever raised his official position in their custody conversations and claiming the concerns about his power were her own. “He never said that, that was my conclusion of our conversations. He never said, ‘I am a powerful man.'”

Throughout hearings, Mirkarimi’s side has enjoyed strong shows of public support, with many of his supporters wielding signs that read, “I believe Eliana” and “I support Eliana,” both in Spanish and English.

During a recess in the July 18 hearing, Mirkarimi said he appreciated the outpouring of support: “There are scores of people showing their support who think this has gone way too far.”