Jerry Brown

CPUC head Michael Peevey is stepping down

The head of the California Public Utilities Commission, Michael Peevey, has announced that he will step down once his term comes to an end in December.

As the scandal of inappropriate emails between high-ranking CPUC officials and Pacific Gas & Electric Co. executives continues to grow, more and more people have called for Peevey to be fired. 

The latest batch of emails to be released even details how Peevey hosted PG&E executives at his vacation home in Sonoma in 2010, where they talked shop over “two bottles of good pinot.”

In recent weeks, in the wake of the email scandal, CPUC employees have called for Peevey to resign, with one staff member calling him “something like an untouchable mob boss.”

It got so bad that the San Jose Mercury News even came out with an editorial last June that straight up dismissed the agency as a “disaster,” writing, “The degree of incompetence is so high, it’s hard to find anything the PUC does well under President Michael Peevey’s leadership.”

California Sen. Jerry Hill even planned to move forward legislation to block Peevey from reappointment if Gov. Jerry Brown appointed him for yet another term.

San Bruno Mayor Jim Ruane has called on California Attorney General Kamala Harris to investigate the illegal emails between CPUC officials and PG&E executives.

“Twelve years as president is enough,” Peevey said in a statement.

Meanwhile, waaay back in 2011, we at the Bay Guardian noticed a trend: Peevey was regularly going on fancy international getaways in the company of PG&E executives. We published an in-depth investigative cover story about it, titled The Secret Life of Michael Peevey: California’s Top Energy Regulator Rolls With Power Company Executives Behind the Scenes.

At that time, we wrote:

As PG&E and the CPUC both work to win back the public’s confidence after their latest deadly failure, it’s worth analyzing whether their relationship — shaped by vacations together at exotic locales — has grown too cozy.

Now that Willie Brown is a lobbyist, will the SF Chronicle finally cut him loose?

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Years ago, the San Francisco Chronicle handed Willie Brown a megaphone, but now that he’s officially recognized as a paid lobbyist, isn’t it time to yank it back?

Weekly Chronicle columnist and former Mayor Brown’s newest Ethics Commission filings show he’s been paid $125,000 to lobby the city on behalf of Boston Properties, negotiating for the developers who are threatening to sue the city over a tax deal worth up to $1.4 billion to San Francisco. Boston Properties were told going into the deal they’d pay taxes based on property values in the South of Market district, where the high-rise Salesforce Tower (formerly the Transbay Tower) and other developments will soon be built.

The loss of funding in the special tax zone known as a Mello-Roos District (which, in a twist of another sort, was created when Brown presided over the California Assembly) could jeopardize the high-speed rail extension from the Caltrain station at 4th and King streets to the new Transbay Terminal, possibly downgrading it into a very expensive bus station. We left an interview request with Brown’s assistant for this piece, but received no reply.

Brown has long sold his influence to the highest bidders, although he claimed to be their lawyer and not their lobbyist, but now Brown is legally out in the open as an advocate against the city’s interests. He’s now officially a registered lobbyist (finally).

But the Chronicle still publishes Brown’s column, Willie’s World, giving “Da Mayor” a weekly space in its prominent Sunday edition to charmingly joke away his misdeeds (which raised the eyebrows of the Columbia Journalism Review for its maddeningly obvious ethical concerns). In his newest column, Brown kiddingly brags about taking bribes:

“John Madden got off a great line the other night when we were sitting in the St. Regis lobby.

I was reading off my itinerary for the evening when he stopped me, turned to another guy and said, pointing my way, ‘He’s the kind of politician who goes everywhere. As a matter of fact, he’ll show up for the opening [sic] an envelope.’

It all depends on what’s in it.”

In his column the week before, he trumpeted a potential political ally while taking pot-shots at high speed rail, the very same project that Boston Properties seeks to defund by depriving the city of tax dollars for the Salesforce Tower project:

“There is a very impressive star on the horizon. Her name is Ashley Swearengin. She is the mayor of Fresno, and she’s running for controller against Democrat Betty Yee.

She is also a Republican who is being pilloried by other Republicans for her support of Gov. Jerry Brown’s high-speed rail project. Unlike some politicians, Swearengin has a concrete reason for backing what some are calling the ‘train to nowhere.’ It means a ton of construction jobs for Fresno.

Supporting high-speed rail, however, has cost her in the fundraising department because many potential Republican donors hate the project.”

And maybe because he’s digitally disinclined to use Twitter, in July he used the Chronicle as his own personal communications service to contact federally indicted and alleged-gun-running Sen. Leland Yee:

“Where’s Leland Yee? I’ve got everybody in town looking for our indicted and suspended state senator, and no one can find him. Leland, if you read this, call me.”

We reached out to Chronicle Managing Editor Audrey Cooper to ask her if San Francisco’s paper of record would consider retiring Brown’s column now that he’s a registered lobbyist, but didn’t hear back from her before we published. But you know, they could always go the other way: Why stop with Willie? Just give up guys, and give editorial space to BMWL (who are pushing against the Soda Tax), to Sam Singer (the high-powered public relations flak), or Grover Norquist (he could write about the virtues of libertarianism and Burning Man at once!).

But Brown is a special case all on his own. He’s no ordinary lobbyist: He has the ear of the mayor (and helped elect the mayor), and his influence cuts a swath through the city’s biggest power players, from PG&E to Lennar Corporation. He helped many current city politicians and staffers get their jobs in the first place.

The average reader not steeped in wonky political backdoor deals may not understand why giving him a column is such a bad idea. Journalist Matt Smith has long-written on Brown’s SF Chronicle conflict of interest, first for the SF Weekly and then for the now-defunct Bay Citizen. In 2011, an anonymous Chronicle staffer told this to Smith:

“‘Should the newspaper be in the business of helping an influence peddler peddle?’ the journalist asked.

‘If you believe him even 50 percent of the way, Willie Brown has a big say in San Francisco politics, which he reminds us of every week. He has a certain self-deprecating style that makes him even more charming, which kind of hides the fact that what he is really doing is bragging about all the people he knows, and all the influence he peddles. What that does is it has a multiplier effect.'”

That multiplier effect works in a few ways. First, it works almost as information-laundering: When Brown “jokes” about taking bribes, it makes any accusations of impropriety seem quaint. After all, it’s just Willie Brown, we already know he’s a wheeler-and-dealer, right? What harm could he do?

Second, it amplifies his already formidable position as a kingmaker in San Francisco politics, possibly allowing him to charge even more cash to special interests for his influence. Since he registered as a lobbyist, Brown has met five times with Mayor Ed Lee over the Salesforce Tower tax issue. And until the Chronicle’s surprising and incredibly rare editorial stance against Mayor Ed Lee’s deal, Brown almost succeeded in negotiating hundreds of millions of dollars out of city coffers and into the pockets of Boston Properties.

The Chronicle wrote scathingly in their editorial:

“The deal is baffling — and infuriating. The group of developers had already gotten special favors from City Hall.”

Swap the words “the group of developers” with “Willie Brown,” and you could say the exact same thing about Brown’s Chronicle column.

Brown even used his San Francisco Chronicle headshot in his lobbyist registration with the Ethics Commission. If that’s not a “fuck you” to the Chronicle’s sense of journalistic ethics, I don’t know what would be. The Chronicle’s photo editor told us in an email that Brown did not have permission to use the photo.

I don’t think he cares.

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Ammiano “angry” as Brown vetoes prosecutor misconduct bill

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Assemblymember Tom Ammiano strongly criticized Gov. Jerry Brown today [Mon/29] for yesterday vetoing his Assembly 885, which would have provided modest sanctions for prosecutors who willfully withhold evidence during criminal trials, a huge problem we’ve repeatedly covered in the Bay Guardian.

From the case of JJ Tennison and Antoine Goff — who served long prison terms before being freed after a Guardian investigation showed misconduct by the police and prosecutors in San Francisco — to the similar and most recent case of Obie Anthony, as told by Ammiano to his legislative colleagues during the hearings, prosecutorial misconduct is a serious problem that needs to be addressed.

AB 885 became a good compromise measure and it worked its way through the legislative process, in the end allowing judges to inform juries when a prosecutor has intentionally withheld evidence, an important factor when weighing credibility that is usually shielded from jurors.

But in his veto message, Brown wrote, “Prosecutorial misconduct should never be tolerated. This bill, however, would be a sharp departure from current practice that looks to the judiciary to decide how juries should be instructed. Under current law, judges have an array of remedies at their disposal if a discovery violation comes to light during trial.”

Yet the reality of the criminal justice system is that such remedies rarely get applied, particularly in cases where the defendant is a poor person of color, sometimes because judges (many of them appointed by Republican governors during shameful tough-on-crime eras) are biased in favor of police and prosecutors.

This is a problem that was ripe for a legislative remedy in country where racism and the world’s highest incarceration rates are still huge problems, and we share the frustration of Ammiano over this veto.

“I’m not just disappointed at the Governor’s veto of this bill, I’m angry,” Ammiano said in a press release. “We need so much more than this to balance the system and keep the innocent out of prison, as the writers of the Constitution intended. Most prosecutors are honorable, but we’ve seen too many cases where DA’s don’t play fair – hiding evidence or releasing it at the last minute.”

“I recently met 40-year-old Obie Anthony, who has spent nearly half his life in prison because prosecutors hid evidence that would have pointed to his innocence,” Ammiano continued. “A court has now completely exonerated him, but that exoneration has come 20 years too late. We need this bill to stop the few prosecutors whose zeal for convictions lead them to cut corners on justice. We can’t wait decades to free the innocent while the true perpetrators run free.”

Ammiano noted that while the courts have prohibited non-disclosure evidence, he said the remedies that Brown refers to are weak and rarely used. For example, in Anthony’s case, the prosecutorial misconduct resulted in just a 24-hour continuance and no disclosure to the jury.  

“AB 885 could have saved me from spending 17 years in state prison,” Anthony said shortly after it passed the Legislature.

Brown is right that, “Prosecutorial misconduct should never be tolerated,” but in today’s criminal justice system — where cops and prosecutors are regularly exposed for railroading low-income defendants — it is not just tolerated, it is commonplace. 

Guardian Intelligence: Sept. 24 – 30, 2014

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MASONIC MOONWALK

Beck brought his endlessly funky band to the new Masonic Sept. 19 for opening night, where they ran through melancholy new tunes from this year’s Moon Phase before switching gears toward his more upbeat hits for a serious dance party (there was caution tape involved). See a full review and more photos on our Noise blog at SFBG.com PHOTO BY ERIN CONGER

TIFF TAKES

Bay Guardian film festival correspondent Jesse Hawthorne Ficks returned from the 2014 Toronto International Film Festival, having deployed his usual tactic of seeing as many films as possible — and then writing about them at length on the Pixel Vision blog at SFBG.com. Visit the Pixel Vision blog for his series of posts, including takes on the trend toward ultra-long films (FYI, he’s a huge Lav Diaz fan…), Joshua Oppenheimer’s The Look of Silence (pictured), Bennett Miller’s Foxcatcher, and other buzzed-about titles. PHOTO COURTESY OF TIFF

DEATH TO CAPITALISM!

The Bay Area’s edition on the Sept. 21 Global Climate Convergence was held on the edge of Lake Merritt in Oakland, where some of the best speakers went full-on commie in connecting capitalism to the climate crisis, calling for revolutionary change. Socialist Action’s Jeff Mackler brought the old-school Trotskyite class analysis while up-and-coming Socialist Alternative (the party of Seattle City Council member Kshama Sawant) had a strong presence. The Coup’s Boots Riley opened with an a cappella “Love for the Underdog,” followed by some fiery oratory and a couple more strong songs, including the militant anthem “Ghetto Blaster.” Power to the people!

EXPORTING CYCLETRACKS

San Francisco pushed the envelope in building cycletracks, bike lanes physically separated from cars, before state law allowed them. But on Sept. 20, when Gov. Jerry Brown signed AB 1193, a bill by Assemblymember Phil Ting (D-SF) that inserted cycletrack standards into state transportation codes, they suddenly became a legal, easy option for cities around the state to start building, just like they already do in Europe. So as cyclist safety improves in California, they can have San Francisco to thanks. You’re welcome.

GLOVER INSPIRES

Major kudos to actor and local hero Danny Glover for his recent visit to the San Francisco County Jail Reentry Pod. “With that great smile and laid-back style, Danny connected with inmates about preparing to get out and staying out,” said Sheriff Ross Mirkarimi, who spent some time with Glover and inmates preparing for release. “Be the example.” The reentry pod stems from a collaboration between the Sheriff’s Department and Adult Probation, to prepare AB109 prisoners from state realignment for their release. PHOTO COURTESY SF SHERIFF’S DEPARTMENT

EVICTION PROTECTION

Now you can don condoms against evictions! At Folsom Street Fair, activists handed out condoms adorned by the face of Ellis Act evictor (and leather lover) Jack Halprin. Why are the protesters equating him with an ejaculate receptacle? Halprin purchased a San Francisco property on Guerrero two years ago and filed to evict the tenants under the Ellis Act, one of whom is a San Francisco elementary school teacher with a 2-year-old son. From the condom wrapper: “Jack be simple, Jack’s a dick! Jack’s evictions make us sick!”

TRI-VALLEY POUR-A-THON

This issue of the Guardian is all about delicious travel — here’s something close to home that will have beer lovers gripping their steins. The new Tri-Valley Beer Trail lights up Pleasanton, Livermore, San Ramon, Dublin and Danville with foamy craft goodness — reinstating that area as one of the original homes of California beer (the region formerly contained one of the largest hops farms in the world). Fifteen stops, innumerable beers to try, and warm weather all the way. See www.visittrivalley.com for more details.

OPEN SEASON

Art Explosion Studios, the Mission’s largest artist collective, prides itself on supplying affordable studio space to local painters, sculptors, photographers, jewelers, fashion designers, and other creative types. An affordable situation for artists? In the Mission? What is this, 1994? Support this organization and meet the artists (over 100 in total) right where they do their makin’ at the annual Art Explosion Fall Open Studios. Hit up the opening gala Fri/26, 7-11pm, or stop by Sat/27-Sun/28 from noon-5pm. 2425 17th St, SF; 744 Alabama, SF; www.artexplosionstudios.com.

SHADY TRANSIT DEAL

A wonky tale of woe just got a happy ending. Developers looking to make big bucks from the construction of the new Transbay Terminal tower, now the SalesForce tower, were looking to skim money off San Francisco by reneging on their required taxes, possibly costing the city $1.4 billion dollars. After the developers hired slick ex-Mayor, lobbyist, and SF Chronicle columnist Willie Brown to smooth the deal, they almost got away with saving hundreds of millions of dollars that would go to Muni, pedestrian safety, and infrastructure. At the last minute, the city changed its tune, and now the SoMa area will get the funding it was promised. The people win, and the fat cats lose.

 

Water with a price tag

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Rebecca@sfbg.com

At the tail end of a dry, dusty summer, California continues to weather the effects of an extraordinary drought.

Wildfires have swept through forestlands in the Sierra Nevada foothills, Mendocino County, and near Yosemite recently, making for smoky skies and glaring red sunsets. Meanwhile, shrinking reservoirs have prompted the state to issue formal crackdowns on watering lawns and washing cars.

These extreme circumstances may be linked to why voter support for Proposition 1, a $7.5 billion general obligation bond for water-related projects, has initially registered high. Elected officials have trumpeted Prop. 1 as a measure that will alleviate the worst impacts of the drought.

In the Bay Area, 62 percent of likely voters said they’d vote in favor Prop. 1, while that support came in at 52 percent statewide, according to a recent Field Poll. The bill that became Prop. 1 won bipartisan support in the Legislature after lawmakers struck a deal to kill an earlier $11 billion proposal and replace it instead with the slimmed-down version.

Despite the rare consensus, opponents charge that Prop. 1 won’t actually address the water crisis.

“We really don’t deal with the drought here,” said Connor Everts, executive director of the California Watershed Alliance, after reviewing the details.

Everts spoke during a Sept. 11 conference call organized by opponents of Prop. 1. They reject the water bond mainly because it dedicates a significant chunk of funding, $2.7 billion, toward new dam projects. They view this as an unacceptable tradeoff.

“We can’t conjure water out of thin air with new dams,” pointed out Barbara Barrigan-Parilla, the opposition campaign director, who runs a grassroots organization advocating for sustainable management of the Sacramento-San Joaquin Delta. More should go toward conservation measures, she said.

The Delta has suffered hefty ecological impacts from freshwater pumping to feed the state’s water-delivery system. “Protect the Sacramento-San Joaquin Delta” is the first guiding principle to appear in a policy document establishing the basis for Prop. 1, but Barrigan-Parilla and others remain skeptical. Friends of the River has also come out against Prop. 1, as have many members the Environmental Water Caucus, a statewide coalition of grassroots organizations.

State lawmakers have been trying to pass a water bond since 2009, but earlier versions were shot down as bloated and pork-laden, failing to gain traction.

In June, Gov. Jerry Brown called for a $6 billion bond that would throw $2 billion toward dam projects, but the needle moved after Republicans — taking advantage of the fact that it needed a two-thirds majority vote to pass — withheld support unless they were promised more money for dams.

Water storage is a high priority for agribusiness farmers, whose sprawling croplands soak up vast quantities of water. A whopping 70 percent of all water rights claims issued by the State Water Resources Control Board are for agriculture, according to a University of California at Davis study.

“If these dams actually get built, we believe they will take more water out of the rivers that are dammed, and there will be less to come out of all of the environmental benefits,” envisioned by other provisions in the bill, said Carolee Krieger, executive director of the California Water Impact Network (C-WIN). “In the long run, we believe it would be way worse for the environment.”

Adam Scow, speaking during the conference call on behalf of San Francisco-based Food and Water Watch, pointed out that California desperately needs to invest in basic water needs, like fixing old leaky pipes. Nevertheless, Prop. 1 is “just prolonging these fights over new, silly dam projects,” Scow said.

Significant Prop. 1 funds would also be committed toward cleaning up groundwater, restoring damaged watersheds, advancing water-treatment technology, and ensuring safe drinking water access for low-income communities. The Sierra Club issued a statement announcing that while it’s supportive of these good programs, its official stance on Prop. 1 is “no position.”

Opponents of Prop. 1 noted during the call that California faces a fundamental problem that won’t be addressed by the water bond: The amount of water allocated by water rights claims is five times higher than what actual river flows provide in an average year.

“The one thing that must be done is to balance water rights claims to actual supplies,” Krieger said. The difference between real supplies and what’s promised in a contract, she added, is called “paper water.” This means many users receive less water in practice than what they’re technically promised, but those unrealistic promises make for confusing and conflict-heavy management of scarce water resources. The bizarre dysfunction is well-documented in a UC Davis study published in February. Of 27 major rivers, the study found, 16 had allocation levels “greater than 100 percent of natural supplies.”

The state “simply does not have accurate knowledge of how much water is being used by most water rights holders,” the UC Davis study noted, making it “nearly impossible” to reduce consumption or manage water supplies in a way that’s more equitable and environmentally responsible.

If voters grant their stamp of approval for the $7.5 billion water bond, the state may well move forward with important environmental initiatives, as well as multi-billion dollar dam projects that will take decades to build.

But no matter what happens, money still can’t buy snowfall in the Sierras, and it’s going to take more than cash to get to the root of California’s water woes.

Supervisor Mar calls for more bike access on Muni

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With racks that can hold only two bikes on the front of most Muni buses, and no bike access on Muni’s light rail fleet, Sup. Eric Mar is calling on Muni to look at improving its bike-access. At today’s Board of Supervisors meeting, he called for a hearing to explore what can be done to address the problem.

We’re looking at expanding the capacity of Muni for those that ride their bikes,” Mar told the board.

Currently Muni vehicles can carry two bikes at the front of each vehicle on its racks, which Mar called inadequate. Notably, only folding bikes are allowed on any Muni vehicle, which means light-rail riding bicyclists are left in the dust, bike grips in hand. 

A hearing on increased bus-bike capacity is especially timely, as Gov. Jerry Brown just signed AB 2707 into law last Tuesday, allowing transit agencies to increase the bike rack capacity on some buses to three bikes, instead of two. Also, San Francisco is anticipating a new fleet of buses, Mar noted, which may be a ripe opportunity to increase bike access. 

We contacted the San Francisco Municipal Transit Agency for comment on the cost and feasibility of any such bike improvements, and spokesperson Paul Rose said the agency is in the process of gathering that data.

San Francisco Bicycle Coalition Executive Director Leah Shahum said this was a good step for the city to take, but one that’s taken years to come to fruition.

“We’re really thrilled to see Supervisor Mar on the forefront of bike access, but this is also not a new idea,” Shahum said. “This was laid out in our bike plan years ago. We’ve seen advances in this regionally with BART lifting its ban on bikes.” 

Caltrain has also grown its bike access in recent years. “It’s exciting to see San Francisco able to do the same,” Shahum said.

The bike plan really highlights the opportunity for bikes on light rail vehicles, she added. But she wants to encourage the SFMTA to consider less busy times, like weekends or off-peak hours to bend those rules.

“Consider a family going to the Beach Chalet or someone who wants to enjoy Sunday Streets on the weekend,” she said. “Weekends could be an ideal time, (for bikes on light rail), especially for families.”

We need to start with what San Francisco State University Professor and Bay Guardian columnist Jason Henderson calls automobility, the feeling where everyone feels they need to drive in the city,” Mar said. “We need to encourage people to walk bike or take transit.”

Mar’s office told the Guardian they’re anticipating the hearing would take place in November, after the frenzy of the upcoming election. 

SOS: A bill to protect oil refineries also threatens public access rights

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Gov. Brown. Veto SB 1300

This bill would establish a stealth template for how to gut the California Public Records Act one economic and political sector at a time. 

By Bruce B. Brugmann (with a First Amendment Coalition emergency message and a button for readers to request a Gov. Brown veto) 

Possibly the bill most damaging to the public interest in years is sitting on Gov. Jerry Brown’s desk for signature. It is SB 1300, which amounts to an oil refinery protection bill proposed by Sen. Loni Hancock (D-Berkeley) and Assemblyperson Nancy Skinner (D-Berkeley), two legislators living in the shadow of the East Bay oil refineries who ought to know better. It was supported by oil companies, organized labor, and the California’s Division of Occupational Safety and Health (DOSH)  and was passed by the Assembly on a 68-5 vote and by the Senate on a 34-0 vote. No debate, no discussion, no questions asked. 

The gist of the damage is that SB 1300 was amended at the last minute to force a CPRA requester to pay fees if a court rules against disclosure. As the California Newspaper Publishers Association explained in its current legislative bulletin, SB 1300 “would expand the definition of what constitutes a trade secret and erect an insurmountable barrier to any effort by a member of the public to obtain information about DOSH’s performance in its role as a consumer watchdog over a refiner’s conduct.”

Peter Scheer, executive director of the First Amendment Coalition (FAC), warned in a special message that “it’s safe to say that no one will ever file a CPRA request for refinery information once it becomes known that a mere request may thrust the requester involuntarily into a costly battle against oil companies.” But just to be sure no one even contemplates filing a CPRA request, Scheer noted that the last minute amendments to the legislation also provide that the requester will have to pay his/her own fees as well as the fees of the oil company’s lawyers if he/she loses the suit. 

CNPA General Counsel Jim Ewert and Staff Attorney Scott Merrill worked furiously to try to  negotiate with Hancock’s staff and DOSH representatives to eliminate the toxic effect on CPRA requesters. But all CNPA amendments were rejected before the bill was taken up by both houses. Hancock told the CNPA advocates repeatedly that she would rather have the information in DOSH’s hands even if that meant that the public wouldn’t have access to it. 

Scheer wrote that “some may say that these changes to existing law, while terrible, are not such a big deal since they only curtail access to information about refineries. (This is presumably the view of organized labor, which cynically backs SB 1300 after getting a special carveout for refineries’ employment and financial data that unions want.)

“Try telling that to the families who live downwind of refineries.  But more than that, SB 1300 establishes a template for how to gut the CPRA one economic and political sector at a time. First, it’s information about oil companies; next it will be information about schools or about law enforcement or about water supplies. SB 1300 creates a dangerous precedent for other industries and special interets to follow.

“Don’t let that happen. Tell Governor Brown to veto SB 1300.”  

Below is the full text of Scheer’s message on the FAC website with a response button to email, fax, or phone requesting Gov. Brown to veto SB 1300.  CNPA is emailing Scheer’s message to its member papers in its Sept.12 Legislative Bulletin, several are preparing stories and editorials, and public access activists are mobilizing opposition across the state. Brown was expected to sign the bill, until CNPA and FAC blew the bugles and started blasting away.

 Meanwhile, ask Hancock and Skinner and DOSH how they came up with this abomination and ask your local senators and assemblypersons why they voted for it without gulping. You can start with the San Francisco delegation, all of whom voted for the bill (Assemblymen Ammiano and Ting and Sen. Leno). On guard, b3

Gov Brown, Veto SB 1300. Ostensibly about oil refineries, SB 1300 threatens public access rights.

P.S. CNPA laid out this Kafkaesque scenario for people who have the gall to request information on emissions from a nearby oil refinery fire: 

 “ A mother and her family driven from her home by the emissions from a fire at a nearby refinery submits a CPRA request to DOSH for information that she believes is disclosable about the next turnaround at the refinery to determine how safe the refinery is. Because her request could include trade secret information as now defined, DOSH notifies the refinery that a request for the refiner’s information has been received.

“The refinery files an action against DOSH for injunctive relief to prevent the disclosure of the information and, since the bill requires the refiner to name the requester as a real party in interest, the requester is named as a party in the lawsuit filed by the refinery.The requester, who may or may not have been willing to go to court to enforce her rights under the CPRA, now finds that she is an unwilling party in a lawsuit.

” If she decides to participate in the action to pursue the information she believes she has a right to obtain she will have to pay her own expenses for a lawyer and the costs associated with the action. If she decides not to pursue her rights she risks that a default judgment could nonetheless be entered against her.

 “If the court denies her request, or a default judgment is entered against her, the court would be required to order her to pay the refinery’s attorney’s fees and costs.

 “SB 1300 was also amended to provide ‘the public agency shall not bear the court costs for any party named in litigation filed pursuant to this section.'”  Incredible. Simply incredible.  b3

For the  CNPA letter asking Gov.Brown to veto the bill, click the link below

https://docs.google.com/file/d/0B8sxRIlFa7G4Ql8xRExkT095cU1tbzdOeHRNLTZaRDIwUkMw/edit

(The Bruce blog is written and edited by Bruce B. Brugmann, editor at large of the San Francisco Bay Guardian. He was the editor and he and his wife Jean Dibble co-founded and co-published the Guardian, 1966-2012.) 

 

 

 

 

 

 


 

Taking a cue from SF, California Legislature bans plastic bags and offers paid sick leave

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California lawmakers took two big steps forward last week, passing a statewide plastic bag ban and a measure providing workers with three sick days a year, both issues borrowed from San Francisco. California is the second state to pass each bill, with Hawaii banning plastic bags in January of this year and Connecticut enacting a similar sick leave measure in 2012.

Gov. Jerry Brown pushed hard for the paid sick leave measure, which barely made it through both houses after losing steam following an amendment that excluded in-home health care workers. Passing the plastic bag ban was also uncertain near the end, but it passed the Assembly with a 44-29 vote and then made it through the Senate by a 22-15 count.

“It took six years of advocacy and the building of a grassroots movement to make this happen,” California Director of Clean Water Action Miriam Gordon said in a statement about the plastic bag ban. “But with 121 local ordinances already on the books across California, our Legislature finally followed the will of the people.”

Brown was similarly thrilled about the passing of the sick leave bill, calling the legislation a “historic action to help hardworking Californians…This bill guarantees that millions of workers – from Eureka to San Diego – won’t lose their jobs or pay just because they get sick.”

San Francisco voters passed a similar measure in 2006 called the Paid Sick Leave Ordinance. The law, which made it through with 61 percent of the vote in the November election, requires all employers to provide paid sick leave to employees (including part-timers) working in the city.

The state sick leave bill that passed on Saturday was a notable achievement for labor advocates, but some Democrats weren’t thrilled about the amendments that gave in-home health workers the short end of the stick. Sen. Holly Mitchell (D-Los Angeles) called it “BS” and told The Sacramento Bee, “I resent the fact that we are picking between two sets of workers.”

Lawmakers passed a few other notable measures last week, including a bill regulating groundwater and a gun-restraining measure that would give judges the power to temporarily remove firearms from those deemed dangerous or mentally unstable. The shooting incident in Isla Vista at UC Santa Barbara in May prompted the bill, while California’s extreme drought pushed the groundwater measure forward. Many believe the state is long overdue in making progress on gun control.

The firearm measure is key in preventing many of the mass shootings that have plagued the country in recent years. Assemblywoman Nancy Skinner (D-Berkeley) noted, via the Los Angeles Times, that “none of those individuals had a criminal record or a criminal background. So we need tools such as this.”

Though it also took an extreme event to stimulate the groundwater regulation bill, the new legislation figures to make serious inroads in the effort to stop a drought that is affecting more than 80 percent of the state. If Brown signs off on the bill, making California the last western state with such regulation, the state would have the ability to enforce restrictions, and local governments would be required to develop groundwater regulations.

“A critical element of addressing the water challenges facing California involves ensuring a sustainable supply of groundwater,” said Assemblyman Roger Dickinson (D-Sacramento) in a statement. “Overdrafting our groundwater leads to subsidence and contamination — consequences we cannot afford.”

 

Guardian Intelligence: September 3 – 9, 2014

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CASTRO CURTAIN CALL

If your favorite thing about seeing movies at the historic Castro Theatre is hearing the score for that Charlie Chaplin short played on the instrument that would’ve been used when the film actually came out — well, get thee to the movies, and fast. The Castro Theatre’s famous Wurlitzer organ is being sold by its current owner, and will be replaced early next year with an elaborate, one-of-a-kind digital console, with seven keyboards and more than 800 stops, designed by acclaimed organ creator Allen Harrah — pro bono. One trade-off: We’re guessing this will be better for scoring alien movies than its analog counterpart?

THEFT TIMES TWO

It’s a drag to have your car stolen. But if the vehicle is recovered, the high fees you may fork over to get it back only add insult to injury. In San Francisco, police give the owner of a recovered stolen vehicle 20 minutes to retrieve it before sending the car to impound. That’s where the costs add up. Worst-case scenario? The fees rise above the value of the car, and it gets auctioned off. Sup. Scott Wiener has called for a hearing to review the city’s towing policies with respect to stolen cars. The company that operates the city’s impound lot, AutoReturn, is due for contract renewal next year.

TAG, YOU’RE IT!

The neighborhood some call “upper Safeway” has gotten some negative attention lately, but the Friends of Duboce Park Tag Sale — back for its 17th year — is perfectly timed to recharge the area’s community spirit. Last year’s event was hit with an unexpected deluge, so hope for sunny skies Sat/6 and head to the ‘hood’s collective backyard from 9am-2pm for shopping (bargains galore on household items, clothes, sports equipment, books, and more!) and hob-nobbing, with all proceeds going toward improvements to Duboce Park, including its playground. www.friendsofdubocepark.org

SWEET TRIBUTE

Former SF clubkid (now renowned LA artist) Jason Mecier is famed for his celebrity portraits done with junk food and trash — and his tribute to Robin Williams is gaining attention. “It’s Robin Williams as Mrs. Doubtfire, with a Patch Adams nose and a Flubber green background,” Mecier says. “This portrait took over 30 hours to make and is comprised of thousands of candy pieces including Red Vines, Black Licorice, gum balls, Jelly Bellies, Jelly Beans, Tic-Tacs,Gum Drops, Gummy Bears, Sixlets, Mike and Ike’s, Hot Tamales and others. I’ve always wanted to do a portrait of him combining all of his most popular roles. Unfortunately, now was the time to do it.” www.jasonmecier.com

CYCLE UP

San Francisco-style cycletracks — bike lanes physically separated from automobile traffic — could proliferate in cities throughout California under a bill approved today [Fri/29] by the Legislature, provided Gov. Jerry Brown decides to sign it. Assembly Bill 1193, the Protected Bikeways Act, by San Francisco Democrat Phil Ting, was approved today by the Assembly on a 53-15 vote after clearing the Senate on Monday, 29-5. The bill incorporates cycletrack design standards into state transportation regulations, which had previously stated that such designs weren’t allowed. In other bike news, the SF Bicycle Coalition announced that a plan was approved to bring a raised bikeway to Valencia between Cesar Chaves and Duncan Streets next year, creating a buffer between drivers and cyclists.

VOTERS IN THE DARK

Proposed legislation to shed light on who’s bankrolling political campaign ads has been stalled for now. The DISCLOSE Act — which stands for “Democracy is Strengthened by Casting Light on Spending in Elections” — needed a two-thirds vote to pass both houses of the California Legislature, but lacked support. It would have required funders of TV, print, and radio ads, and robocalls, to be clearly identified by closing a loophole that allows them to be disguised by ambiguous committee names. Sen. Mark Leno and other cosponsors vowed to continue the fight next year.

ZOOBORN

On Aug. 26, the SF Zoo welcomed rare newborn twin male giraffes — unfortunately one was too weak to survive, but the other little fellow is doing fine at 100 pounds and 5’6″ tall. The calf’s mother is 11-year-old Bititi, who was born at the Oakland Zoo and made the journey across the bay to live at the San Francisco Zoo in 2005. The father is 12-year-old Floyd, who was born in Albuquerque at the Rio Grande Zoo. We’re looking forward to the naming contest. www.sfzoo.org

PARK ARIAS

One of our favorite picnic singalongs (and “try-to-singalongs”) is coming, as SF Opera’s Opera in the Park hits Sharon Meadow in Golden Gate Park, Sun/7 at 1:30pm. On the menu? Mozart’s Don Giovanni Overture, Puccini’s “Nessun dorma” from Turandot, and Leoncavallo “Vesti la giubba” from Pagliacci. (You may not know the titles but you’ll recognize the tunes.) Pack a flask of wine and pray for sunshine. www.sfopera.org.

GORGE YOURSELF

The Asian Arts Museum’s “Gorgeous” show (through Sept. 14) is a sugar rush of centuries’ worth of crowd-pleasing art hits, including everything from Jeff Koons’ infamous porcelain portrait of Michael Jackson and pet monkey Bubbles to breathtaking ancient Chinese paintings. The show, produced in partnership with SFMOMA, provides a great introduction to art history for our ADD age; more experienced types will appreciate the chance to linger before Mark Rothko’s “No. 14, 1960” alongside works from artisans of other eras. www.asianart.org

 

Tom’s legacy

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steve@sfbg.com

At a moment when San Francisco politics has slid toward the slippery center — when one-time progressives align with business elites, the political rhetoric seems hollow, and the vaunted value of “civility” in City Hall increasingly looks more like a deceptive power grab by the Mayor’s Office — it feels so refreshing to talk with Tom Ammiano.

For one thing, he’s hilarious, always quick with quips that are not only funny, but often funny in insightful ways that distill complex issues down to their essence, delivered with his distinctive nasally honk and lightning timing. Ammiano developed as a stand-up comedian and political leader simultaneously, and the two professional sides feed off each other, alternatively manifesting in disarming mirth or penetrating bite.

But his humor isn’t the main reason why Ammiano — a 72-year-old state legislator, two-time mayoral candidate, and former supervisor and school board member — has become such a beloved figure on the left of state and local politics, or why so many progressives are sad to see him leaving the California Assembly and elected office this year for the first time since 1990.

No, perhaps the biggest reason why public esteem for Ammiano has been strong and rising — particularly among progressives, but also among those of all ideological stripes who decry the closed-door dealmaking that dominates City Hall and the State Capitol these days — is his political integrity and courage. Everyone knows where Tom Ammiano will stand on almost any issue: with the powerless over the powerful.

“Don’t make it about yourself, make it about what you believe in,” Ammiano told us, describing his approach to politics and his advice to up-and-coming politicians.

Ammiano’s positions derive from his progressive political values, which were informed by his working class upbringing, first-hand observations of the limits of American militarism, publicly coming out as a gay teacher at time when that was a risky decision, standing with immigrants and women at important political moments, and steadily enduring well-funded attacks as he created some of San Francisco’s most defining and enduring political reforms, from domestic partner benefits and key political reforms to universal health care.

“He has been able to remain true to his values and principles of the progressive movement while making significant legislative accomplishments happen on a number of fronts,” Sup. David Campos, who replaced Ammiano on the Board of Supervisors and is now his chosen successor in the California Assembly, told the Guardian. “I don’t know that we’ve fully understood the scope of his influence. He has influenced the city more than most San Francisco mayors have.”

So, as we enter the traditional start of fall election season — with its strangely uncontested supervisorial races and only a few significant ballot measures, thanks to insider political manipulations — the Guardian spent some time with Ammiano in San Francisco and in Sacramento, talking about his life and legacy and what can be done to revive the city’s progressive spirit.

 

 

LIFE OF THE CAPITOL

Aug. 20 was a pretty typical day in the State Capitol, perhaps a bit more relaxed than usual given that most of the agenda was concurrence votes by the full Senate and Assembly on bills they had already approved once before being amended by the other house.

Still, lobbyists packed the hall outside the Assembly Chambers, hoping to exert some last minute influence before the legislative session ended (most don’t bother with Ammiano, whose name is on a short list, posted in the hall by the Assembly Sergeant-at-Arms, of legislators who don’t accept business cards from lobbyists).

One of the bills up for approval that day was Ammiano’s Assembly Bill 2344, the Modern Family Act, which in many ways signals how far California has come since the mid-’70s, when Ammiano was an openly gay schoolteacher and progressive political activist working with then-Sup. Harvey Milk to defeat the homophobic Briggs Initiative.

The Modern Family Act updates and clarifies the laws governing same-sex married couples and domestic partners who adopt children or use surrogates, standardizing the rights and responsibilities of all parties involved. “With a few simple changes, we can help families thrive without needless legal battles or expensive court actions,” Ammiano said in a press statement publicizing the bill.

Ammiano arrived in his office around 10am, an hour before the session began, carrying a large plaque commending him for his legislative service, given to outgoing legislators during a breakfast program. “Something else I don’t need,” Ammiano said, setting the plaque down on a table in his wood-paneled office. “I wonder if there’s a black market for this shit.”

Before going over the day’s legislative agenda, Ammiano chatted with his Press Secretary Carlos Alcala about an editorial in that morning’s San Francisco Chronicle, “Abuse of disabled-parking program demands legislators act,” which criticized Ammiano for seeking minor changes in a city plan to start charging for disabled placards before he would sponsor legislation to implement it. The editorial even snidely linked Ammiano to disgraced Sen. Leland Yee, who is suspended and has nothing to do with the issue.

“I’ve had these tussles with the Chronicle from day one. They just want people to be angry with me,” Ammiano told us. “You stand up for anything progressive and they treat you like a piñata.”

He thought the criticism was ridiculous — telling Alcala, “If we do a response letter, using the words puerile and immature would be good” — and that it has as much to do with denigrating Ammiano, and thus Campos and other progressives, as the issue at hand.

“Anything that gets people mad at me hurts him,” Ammiano told us.

But it’s awfully hard to be mad at Tom Ammiano. Even those on the opposite side of the political fence from him and who clash with him on the issues or who have been subjected to his caustic barbs grudgingly admit a respect and admiration for Ammiano, even Lt. Gov. Gavin Newsom, who told the Guardian as much when we ran into him on the streets of Sacramento later that day.

Ammiano says he rarely gets rattled by his critics, or even the handful of death threats that he’s received over the years, including the one that led the San Francisco Police Department to place a protective detail on him during the 1999 mayor’s race.

“You are buoyed by what you do, and that compensates for other feelings you have,” Ammiano said of safety concerns.

Finally ready to prepare for the day’s business, he shouts for his aides in the other room (“the New York intercom,” he quips). The first question is whether he’s going to support a bill sponsored by PG&E’s union to increase incentives for geothermal projects in the state, a jobs bill that most environmental groups opposed.

“That is a terrible bill, it’s total shit, and I’m not going to support it,” Ammiano tells his aide. “It’s a scam.”

As Ammiano continued to prepare for the day’s session, we headed down to the Assembly floor to get ready to cover the action, escorted by Alcala. We asked what he planned to do after Ammiano leaves Sacramento, and Alcala told us that he’ll look at working for another legislator, “but there would probably be a lot more compromises.”

 

 

SPARKING CHANGE

Compromises are part of politics, but Ammiano has shown that the best legislative deals come without compromising one’s political principles. Indeed, some of his most significant accomplishments have involved sticking to his guns and quietly waiting out his critics.

For all the brassy charm of this big personality — who else could publicly confront then-Gov. Arnold Schwarzenegger at a Democratic Party fundraiser in 2009 and tell him to “kiss my gay ass!” — Ammiano has usually done the work in a way that wasn’t showy or self-centered.

By championing the reinstatement of district supervisorial elections and waging an improbable but electrifying write-in campaign for mayor in 1999 (finishing second before losing to incumbent Willie Brown in the runoff election), Ammiano set the stage for progressives to finally win control of the Board of Supervisors in 2000 and keep it for the next eight years, forming an effective counterbalance to Gavin Newsom’s pro-business mayoralty.

“I just did it through intuition,” Ammiano said of his 1999 mayoral run, when he jumped into the race just two weeks before election day. “There was a lot of electricity.”

After he made the runoff, Brown and his allies worked aggressively to keep power, leaning on potential Ammiano supporters, calling on then-President Bill Clinton to campaign for Brown, and even having Jesse Jackson call Ammiano late one night asking him to drop out.

“That’s when we realized Willie really felt threatened by us,” Ammiano said, a fear that was well-founded given that Ammiano’s loss in the runoff election led directly into a slate of progressives elected to the Board of Supervisors the next year. “It was a pyrrhic victory for him because then the board changed.”

But Ammiano didn’t seize the spotlight in those heady years that followed, which often shone on the younger political upstarts in the progressive movement — particularly Chris Daly, Matt Gonzalez, and Aaron Peskin — who were more willing to aggressively wage rhetorical war against Newsom and his downtown constituents.

By the time the 2003 mayor’s race came, Ammiano’s mayoral campaign became eclipsed by Gonzalez jumping into the race at the last minute, a Green Party candidate whose outsider credentials contrasted sharply with Newsom’s insider inevitability, coming within 5 percentage points of winning.

“I just bounced back and we did a lot of good shit after that,” Ammiano said, noting how district elections were conducive to his approach to politics. “It helped the way I wanted to govern, with the focus on the neighborhoods instead of the boys downtown.”

Perhaps Ammiano’s greatest legislative victory as a supervisor was his Health Care Security Ordinance, which required employers in San Francisco to provide health coverage for their employees and created the Healthy San Francisco program to help deliver affordable care to all San Franciscans.

The business community went ballistic when Ammiano proposed the measure in 2006, waging an aggressive lobbying and legal campaign to thwart the ordinance. But Ammiano just quietly took the heat, refused to compromise, and steadily lined up support from labor, public health officials, and other groups that were key to its passage.

“Maybe the early days of being a pinata inured me,” Ammiano said of his ability to withstand the onslaught from the business community for so long, recalling that in his 1999 school board race, “I really became a pinata. I got it in the morning from the Chronicle and in the afternoon from the Examiner.”

Ammiano kept Newsom apprised of his intentions and resolve, resisting entreaties to water down the legislation. “I kept talking to him and I told him I was going to do it,” Ammiano said. “Eventually, we got a 11 to zip vote and Newsom couldn’t do anything about it. That was a great journey.”

In the end, Newsom not only supported the measure, but he tried to claim Ammiano’s victory as his own, citing the vague promise he had made in his 2007 State of the City speech to try to provide universal health care in the city and his willingness to fund the program in his 2007-08 budget.

But Ammiano was happy with the policy victory and didn’t quibble publicly with Newsom about credit. “I picked my battles,” Ammiano said, contrasting his approach to Newsom with that of his more fiery progressive colleagues. “I tried to go after him on policy, not personality.”

Ammiano isn’t happy with the political turn that San Francisco has taken since he headed to Sacramento, with the pro-business, fiscally conservative faction of the city controlling the Mayor’s Office and exerting a big influence on the Board of Supervisors. But San Francisco’s elder statesman takes the long view. “Today, the board has a moderate trajectory that can be annoying, but I think it’s temporary,” Ammiano said. “These things are cyclical.”

He acknowledges that things can seem to a little bleak to progressives right now: “They’re feeling somewhat marginalized, but I don’t think it’s going to stay that way.”

 

FLOOR SHOW

Back on the Assembly floor, Ammiano was working the room, hamming it up with legislative colleagues and being the first of many legislators to rub elbows and get photos taken with visiting celebrities Carl Weathers, Daniel Stern, and Ron Perlman, who were there to support film-credit legislation

“Ron Perlman, wow, Sons of Anarchy,” Ammiano told us afterward, relating his conversation with Perlman. “I said, ‘They killed you, but you live on Netflix.’ I told him I was big fan. Even the progressives come here for the tax breaks.”

When Little Hoover Commission Chair Pedro Nava, who used to represent Santa Barbara in the Assembly, stopped to pose with Ammiano for the Guardian’s photographer, the famously liberal Ammiano quipped, “You’ll get him in trouble in Santa Barbara. Drill, baby, drill!”

Ammiano chairs the Assembly Public Safety Committee, where he has successfully pushed prison reform legislation and helped derail the worst tough-on-crime bills pushed by conservatives. “We have a lot of fun, and we get a chance to talk about all these bills that come before us,” Bob Wieckowski (D-Fremont), who chairs the Judiciary Committee, told the Guardian when asked about Ammiano. “You can see how these bad bills get less bad.”

Ammiano gave a short speech when his Modern Family Act came up for a vote, noting that it “simplifies the law around these procedures,” before the Assembly voted 57-2 to send it to the governor’s desk, where he has until Sept. 30 to act on it. “I think he’ll sign it,” Ammiano told the Guardian, “even though it’s about reproduction and naughty bits.”

“He’s a hoot,” Assemblymember Reggie Jones-Sawyer (D-Los Angeles) said of Ammiano, whose desk is right behind his own. Jones-Sawyer said that he’d love to see Ammiano run for mayor of San Francisco, “but he’s waiting for a groundswell of support. Hopefully the progressives come together.”

Jones-Sawyer said Ammiano plays an important role as the conscience of a Legislature that too often caters to established interests.

“There’s liberal, progressive, socialist, communist, and then there’s Tom,” Jones said. “As far left as you can go, there’s Tom, and that’s what we’re going to miss.”

Yet despite that strong progressive reputation, Ammiano has also been an amazingly effective legislator (something that might surprise those supporting the campaign of David Chiu, which has repeatedly claimed that ideological progressives like Ammiano and Campos can’t “get things done” in Sacramento).

Last year, Ammiano got 13 bills through the Legislature — including three hugely controversial ones: the TRUST Act, which curbs local cooperation with federal immigration holds; the Domestic Workers Bill of Rights; and a bill protecting transgender student rights in schools, which was savaged by conservative religious groups — all of which were signed into law by Gov. Jerry Brown.

“A lot of it is personal relationships, some is timing, and some is just sticking to it,” Ammiano said of effectiveness.

Some of his legislative accomplishments have required multiyear efforts, such as the Domestic Workers Bill of Rights, which was vetoed in 2012 before being signed into law last year with only a few significant changes (see “Do we care?” 3/26/13).

“Tom Ammiano was so incredible to work with,” Katie Joaquin, campaign coordinator for the California Domestic Workers Coalition, for whom the bill had long been a top priority, told the Guardian.

The large grassroots coalition backing the bill insisted on being a part of the decision-making as it evolved, which is not always easy to do in the fast-paced Capitol. But Joaquin said Ammiano’s history of working with grassroots activists made him the perfect fit for the consensus-based coalition.

“That’s difficult to do in the legislative process, and working with Tom and his office made that possible,” Joaquin told us. “He wanted to make sure we had active participation in the field from a variety of people who were affected by this.”

When the bill was vetoed by Gov. Brown, who cited paternalistic concerns that better pay and working conditions could translate into fewer jobs for immigrant women who serve as domestic workers, Joaquin said Ammiano was as disappointed as the activists, but he didn’t give up.

“It was really hard. I genuinely felt Tom’s frustration. He was going through the same emotions we were, and it was great that he wanted to go through that with us again,” Joaquin told us. “Sometimes, your allies can get fatigued with the long struggles, but Tom maintained his resolve and kept us going.”

And after it was over, Ammiano even organized the victory party for the coalition and celebrated the key role that activists and their organizing played in making California only the second state in the nation (after New York) to extend basic wage, hour, and working condition protections to nannies, maids, and other domestic workers excluded under federal law.

“He has a great sense of style,” Joaquin said of Ammiano, “and that emanates in how he carries himself.”

 

 

COMING OUT

Ammiano came to San Francisco in 1964, obtaining a master’s degree in special education from San Francisco State University and then going on to teach at Hawthorne Elementary (now known as Cesar Chavez Elementary). He quickly gained an appreciation for the complex array of issues facing the city, which would inform the evolution of his progressive worldview.

“In teaching itself, there were a lot of social justice issues,” Ammiano said. For example, most native Spanish-speakers at the time were simply dumped into special education classes because there wasn’t yet bilingual education in San Francisco schools. “So I turned to the community for help.”

The relationships that he developed in the immigrant community would later help as he worked on declaring San Francisco a sanctuary city as waves of Central American immigrants fled to California to escape US-sponsored proxy wars.

Growing up a Catholic working class kid in New Jersey, Ammiano was no hippie. But he was struck by the brewing war in Vietnam strongly enough that he volunteered to teach there through a Quaker program, International Volunteer Service, working in Saigon from 1966-68 and coming back with a strong aversion to US militarism.

“I came back from Vietnam a whole new person,” he told us. “I had a lot of political awakenings.”

He then worked with veterans injured during the war and began to gravitate toward leftist political groups in San Francisco, but he found that many still weren’t comfortable with his open homosexuality, an identity that he never sought to cover up or apologize for.

“I knew I was gay in utero,” Ammiano said. “I said you have to be comfortable with me being a gay, and it wasn’t easy for some. The left wasn’t that accepting.”

But that began to change in the early ’70s as labor and progressives started to find common cause with the LGBT community, mostly through organizations such as Bay Area Gay Liberation and the Gay Teachers Coalition, a group that Ammiano formed with Hank Wilson and Ron Lanza after Ammiano publicly came out as a gay teacher in 1975.

“He was the first public school teacher to acknowledge that he was a gay man, which was not as easy as it sounds in those days,” former Mayor Art Agnos told us, crediting Ammiano with helping make support for gay rights the default political position that it became in San Francisco.

San Francisco Unified School District still wasn’t supportive of gay teachers, Ammiano said, “So I ran for school board right after the assassinations [of Mayor George Moscone and Sup. Harvey Milk in 1978] and got my ass kicked.”

Shortly thereafter, Ammiano decided to get into stand-up comedy, encouraged by friends and allies who loved his sense of humor. Meanwhile, Ammiano was pushing for SFUSD to name a school after Milk, as it immediately did for Moscone, a quest that dragged on for seven years and which was a central plank in his unsuccessful 1988 run for the school board.

But Ammiano was developing as a public figure, buoyed by his stand-up performances (which he said Chronicle reporters would sometimes attend to gather off-color quotes to use against him in elections) and increased support from the maturing progressive and queer communities.

So when he ran again for school board in 1990, he finished in first place as part of the so-called “lavender sweep,” with LGBT candidates elected to judgeships and lesbians Carole Migden and Roberta Achtenberg elected to the Board of Supervisors.

On the school board, Ammiano helped bring SFUSD into the modern age, including spearheading programs dealing with AIDS education, support for gay students, distribution of condoms in the schools, and limiting recruiting in schools by the homophobic Boy Scouts of America.

“I found out we were paying them to recruit in the schools, but I can’t recruit?” Ammiano said, referencing the oft-raised concern at the time that gay teachers would recruit impressionable young people into homosexuality.

As his first term on the school board ended, a growing community of supporters urged Ammiano to run for the Board of Supervisors, then still a citywide election, and he was elected despite dealing with a devastating personal loss at the time.

“My partner died five days before the election,” Ammiano said as we talked at the bar in Soluna, tearing up at the memory and raising a toast with his gin-and-tonic to his late partner, Tim Curbo, who succumbed to a long struggle with AIDS.

Ammiano poured himself into his work as a supervisor, allied on the left at various points in the mid-late ’90s with Sups. Sue Bierman, Terrence Hallinan, Leland Yee, Mabel Teng, Angelo Alioto, and Carole Migden against the wily and all-powerful then-Mayor Brown, who Ammiano said “manipulated everything.”

But Ammiano gradually began to chip away at that power, often by turning directly to the people and using ballot measures to accomplish reforms such as laws regulating political consultants and campaign contributions and the reinstatement of district supervisorial elections, which decentralized power in the city.

“People frequently say about politicians, when they want to say something favorable, that they never forgot where they came from,” Agnos told us. “With Tom, he never forgot where he came from, and more importantly, he never forgot who he was…He was an authentic and a proud gay man, as proud as Harvey Milk ever was.”

And from that strong foundation of knowing himself, where he came from, and what he believed, Ammiano maintained the courage to stand on his convictions.

“It’s not just political integrity, it’s a reflection of the man himself,” Agnos said, praising Ammiano’s ability to always remain true to himself and let his politics flow from that. “A lot of politicians don’t have the courage, personal or political, to do that.”

 

 

WHAT’S NEXT

Ammiano’s legacy has been clearly established, even if it’s not always appreciated in a city enamored of the shiny and new, from recent arrivals who seem incurious about the city’s political history to the wave of neoliberal politicians who now hold sway in City Hall.

“Tom has carried on the legacy of Harvey Milk of being the movement progressive standard bearer. He has, more than anyone else, moved forward progressive politics in San Francisco in a way that goes beyond him as an individual,” Campos said, citing the return of district elections and his mentoring of young activists as examples. “He brought a number of people into politics that have been impactful in their own right.”

Campos is one of those individuals, endorsed by Ammiano to fill his District 9 seat on the Board of Supervisors from among a competitive field of established progressive candidates. Ammiano says he made the right choice.

“I have been supportive of him as a legislator and I think he’s doing the right things,” Ammiano said of Campos, adding an appreciation for the facts that he’s gay, an immigrant, and a solid progressive. “He’s a three-fer.”

Ammiano said that Campos has been a standout on the Board of Supervisors in recent years, diligently working to protect workers, tenants, and immigrants with successful efforts to increase tenant relocation fees after an eviction and an attempt to close the loophole that allows restaurants to pocket money they’re required to spend on employee health care, which was sabotaged by Chiu and Mayor Lee.

“I like his work ethic. He comes across as mild-mannered, but he’s a tiger,” Ammiano said of Campos. “If you like me, vote for David.”

But what about Ammiano’s own political future?

Ammiano said he’s been too busy lately to really think about what’s next for him (except romantically: Ammiano recently announced his wedding engagement to Carolis Deal, a longtime friend and lover). Ammiano is talking with universities and speakers bureaus about future gigs and he’s thinking about writing a book or doing a one-man show.

“Once I get that settled, I’ll look at the mayor’s race and [Sen. Mark] Leno’s seat,” Ammiano said, holding out hope that his political career will continue.

Ammiano said the city is desperately in need of some strong political leadership right now, something that he isn’t seeing from Mayor Lee, who has mostly been carrying out the agenda of the business leaders, developers, and power brokers who engineered his mayoral appointment in 2011.

“Basically, he’s an administrator and I don’t think he’ll ever be anything but that,” Ammiano said. “We are so fucking ready for a progressive mayor.”

If Ammiano were to become mayor — which seems like a longshot at this point — he says that he would use that position to decentralize power in San Francisco, letting the people and their representatives on the Board of Supervisors have a greater say in the direction of the city and making governance decisions more transparent.

“I don’t believe in a strong mayor [form of government],” Ammiano said. “If I was mayor, all the commission appointments would be shared.”

But before he would decide to run for mayor, Ammiano says that he would need to see a strong groundswell of public support for the values and ideals that he’s represented over nearly a half-century of public life in San Francisco.

“I don’t want to run to be a challenger,” Ammiano said. “I’d want to run to be mayor.”

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SF-style cycletracks may spread throughout California under approved legislation

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San Francisco-style cycletracks — bike lanes physically separated from automobile traffic — could proliferate in cities throughout California under a bill approved today [Fri/29] by the Legislature, provided Gov. Jerry Brown decides to sign it.

Assembly Bill 1193, the Protected Bikeways Act, by San Francisco Democrat Phil Ting, was approved today by the Assembly on a 53-15 vote after clearing the Senate on Monday, 29-5. The bill incorporates cycletrack design standards into state transportation regulations, which had previously stated that such designs weren’t allowed.

San Francisco pioneered the use of cycletracks anyway, borrowing the safety design for Europe, where they are common, and backing up that strategy with a willingness to defend the designs in court if need be. Since initially being placed on Market Street by then-Mayor Gavin Newsom’s administration, cycletracks have proliferated around the city.

“It’s huge, to be honest, even if it’s a little wonky,” California Bicycle Coalition David Snyder said of the legislation, which his group strongly backed. “The legal obstacles to putting in a cycletracks effectively prevented that type of bike lane from being installed in cities throughout California.”

Few cities were willing to buck the state on the issue, but Snyder believes there is a pent-up demand for cycletracks now that so many California cities have committed to improving their cycling infrastructure.

“The book said you couldn’t do it, and now the book will say you can do it, so all these cities will have another tool in their toolbelt,” Snyder said.

That is, if Gov. Brown signs it, something that cycling advocates are urging supporters to weigh in on before the Sept. 30 deadline to sign or reject legislation.   

Predicting earthquakes, from 14-year-old prophets to train-stopping ShakeAlerts to lessons from disaster flicks

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Earlier today, I called my mother, a natural disaster film junkie, and asked her, “Do you know of any movies where someone predicts natural disasters, but no one believes the guy, and so everything goes a little haywire?”

“10.5, Day After Tomorrow, 2012, Volcano, Deep Impact, and Knowing,” she replied without any hesitation. “But in Knowing the protagonist gets help from aliens to predict disasters, so I don’t know if that’s bordering on fiction.”

Despite the hundreds of natural disaster blockbusters warning the public to listen when someone predicts catastrophe, earthquake prediction technology can’t defeat the rules of physics and the unpredictable nature of shaking earth. When a 14-year-old from Florida claims he predicted the recent Napa earthquake, for instance, doubts are raised, heads were tilted, and facts must be checked at once. 

“I started jumping up and down when I heard about the earthquake,” high school student Sugganth Kannan told us.

Kannan was sad about the destruction, sure, but he also thought the earthquake’s timing, location, and magnitude validated his prediction that an earthquake with a magnitude of at least 5.0 would occur 50 miles from the South Napa location within 180 days from last December when he made the prediction. So, he was close, but off by a few months. 

To make his prediction, Kannan used the Spatial Connect Theory, which states that all earthquakes within a fault zone are related. Then, looking at past earthquakes, he made functions based on the angle of change, geographical difference, and the time between earthquakes to eventually come up with a pattern. His work has been published in the Journal of Geology & Geosciences

Of course, earthquakes in California are both as no-kidding-predictable as they are scientifically unpredictable. According to the US Geological Survey, which cites studies examining the past 14,000 years, catastrophic earthquakes strike along the southern San Andreas fault about once every 150 years. And if you don’t believe the US Geological Survey, there’s always Lt. Gov. Gavin Newsom, who has stated, “There’s a real likelihood of a major, major earthquake in the next 10, 15, 20 years.” We’re seismically active, and we know it. 

While 14-year-old Kannan and the lieutenant governor might want futures as earthquake prophets, Richard Allen, director of the Berkeley Seismological Laboratory, is just happy he can predict earthquakes within 10 seconds of their first furious rumble. He helped pioneer an early warning system called ShakeAlerts that’s currently got 150 subscribers and does just that. 

Now there’s an idea for a natural disaster movie: Nicholas Cage predicts an earthquake a whopping 10 seconds before the disaster happens, causing BART trains to automatically come to dramatic, adrenaline-rushing halt, saving thousands of lives! It might not be fodder for disaster movies, but it is good news for actual and real world of real and actual earthquakes. 

BART is one of Shake Alert’s users. When the Napa earthquake went off, an alarm went off at BART’s offices announcing an approaching earthquake. Spokesperson John McPartland explained at a press conference on Monday that the trains moving at 33 MPH or less would have stopped had they experienced a a 3.1 earthquake or higher. But in the Bay Area, the magnitude was much smaller, and the trains raced on, unknowing.

“If there’s an earthquake, and you’re on BART, the best thing you can ask for is for the train to stop,” said Allen. You can check out a video for CISN ShakeAlert here. In the video, you can hear buzzing, and then a somewhat intense robotic voice telling you, “Earthquake! Earthquake! Light shaking expected in 10 seconds. Earthquake!”

“The farther away from the earthquake, the sooner you’ll get the alert,” Allen told the Guardian. “In the best case scenario — as in, the worst case scenario earthquake — you’ll get up to a minute warning. For this one, BART got 10 seconds. There’s no way to improve that. It’s physics.”

He hopes to get more funding to bring ShakeAlert to more people, and to one day develop a mobile app so anyone can be alerted seconds before an earthquake occurs. Ten seconds might not sound like a lot of time, but for those knitting with dangerous needles, or cooking with sharp knives, or just generally doing things not conducive to huge earthquakes with large, pointy things, 10 seconds could mean a whole lot. Although California Gov. Jerry Brown signed a law to turn Shake Alert into a statewide program last fall, the project has only received $10 million of the $80 million it needs for new sensors and infrastructure. 

Then there’s virtual reality. Michael Oskin, a professor of earth and planetary sciences who studies earthquakes and seismicity at UC Davis, has taken his students to the site of the Napa earthquake to take photographs of the destruction and use the photographs to build 3D models to help them understand the wrath of the quake and what could come next.  At UC Davis’ W. M. Keck Center for Active Visualization in Earth Sciences (KeckCAVES), researchers get to experience earthquakes virtually and take heed. 

Much of Oskin’s work with virtual reality assimilation revolves around looking at earthquakes before and after they’ve occurred, examining the fault lines throughout these phases, and studying how the faults have moved afterwards. 

“If you want to understand the record of faulting, you look at earthquakes that have just happened to see how complicated they are and how they’ve changed. Then you get a better sense of how to interpret them,” Oskin said. From there, he can also create a virtual world to provide a visual of what could happen to houses built along fault lines.

“Hopefully in 20 years, the tools will be available for everyone to use – on laptops and 3D TV screens so you can visualize an earthquake on a screen in 3D,” Oskin said. “It’s not high end software. It’s just creative programming.”

If earthquake forecasting apps for all is the dream, we’re certainly getting closer. John Rundle, a UC Davis physics professor, co-launched OpenHazards.com, which produces earthquake forecasts and a mobile app. 

“What we do is we count smaller earthquakes to forecast bigger earthquakes,” Rundle explained. “Once a magnitude 6 earthquake occurs, like the one in Napa, we start counting the number of small earthquakes that occur in the region after that. Once we get 1000 earthquakes with a magnitude of 5, it’s time for another 6 to occur. We convert that statement into a probability around the world, every night, and display it on the website.” 

Rundle said his system has a 80-85 percent accuracy rate.  “If you were to make a whole bunch of random forecasts today, and you were to do that tomorrow and the next day and then compare the forecasts we use, Open Hazard would be better 80-85 percent of the time,” he explained. “That’s roughly equivalent to a weather forecast three or four days into the future. That’s where our accuracy is.” 

Back in 2012, an Italian judge convicted seven scientific experts of manslaughter and sentenced them to six years in prison for failing to give warning before the April 2009 earthquake that killed over 300 people. But that’s why earthquake forecasting is called forecasting, and not predicting. Fortune tellers may not be trusted, but you can’t kill the weatherman, especially over quakes. 

More time, same crime

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joe@sfbg.com

Roll up a dollar bill, snort a line of coke, sit back and smile: If your cocaine use leads to a conviction, your drug of choice will be spared from the harsher penalties associated with inhaling the substance through a glass pipe. When it comes to busts for cocaine possession and dealing, those caught with a rock instead of the powdered stuff are kept behind bars longer. But that could soon change.

The drug is the same, the punishment is not — and a new bill may soon end that decades-long disparity, one that critics have called racist. But crack cocaine use is now at a historic low in San Francisco, raising a question: What took so long?

The California Assembly voted 50-19 Friday [8/16] to pass the Fair Sentencing Act, which aims to lower the sentence for possession with intent to sell crack cocaine to be on par with that of powder cocaine.

The bill, authored by Sen. Holly Mitchell (D-Los Angeles), is seen as championing racial justice.

“The Fair Sentencing Act will take a brick out of the wall of the failed 1980s drug-war era laws that have devastated communities of color, especially black and Latino men,” Lynne Lyman of the Drug Policy Alliance said in a prepared statement.

Crack cocaine rocks have tended to be more heavily used by African Americans, while powdered cocaine tends to be the province of rich white folks. The bill would lessen the maximum sentence for crack cocaine possession with intent to sell to four years, down from five. It would still constitute a felony.

In California, having a drug-related felony on record can prevent the formerly incarcerated from accessing housing assistance and food stamps, further feeding a cycle of poverty. The Fair Sentencing Act now awaits Gov. Jerry Brown’s pen. But some say this disparity should have been addressed some 30 years ago.

The 1980s gave rise to the “crack epidemic” narrative, a supposedly sweeping addiction promulgated by media reports on crack’s outsized harm to pregnant women and newborn babies. But those health impacts are now understood to be on par with tobacco use during pregnancy, rather than the terrifying danger it was presented to be.

Still, the images and narratives from that era were powerful.

In a television news report that aired in the 1980s, an unnaturally tiny baby quivers and shakes on the screen. Then-First Lady Nancy Reagan appears and hammers the point home: “Drugs take away the dream from every child’s heart, and replace it with a nightmare.” Flash forward to the future, and university researchers have produced studies showing that the babies born to crack-using mothers that so frightened the country were simply prematurely born, and went on to lead healthy lives.

True or not, people were outraged. The change in laws happened “virtually overnight,” Public Defender Jeff Adachi told us. Crack cocaine hit San Francisco hard.

Paul Boden, executive director of the Western Regional Advocacy Project, remembers it well. He had just come out of homelessness in the Tenderloin in the ’80s. Just prior to starting as a staffer at Hospitality House, he saw the worst of it.

“People were killing each other over the stupidest shit. It got really violent,” he said. “What crack cocaine did is it divided a community against itself. I never thought I’d get to a point where I missed heroin.”

But, he added, “I do think the advent of crack and the assumption that every black male was doing crack gave the cops carte blanche for all of their racist patterns.”

According to the Drug Policy Alliance, people of color accounted for over 98 percent of men sent to California prisons for possession of crack cocaine for sale. Two-thirds were black, and the rest were Latino.

Long since the days when cops regularly raided the Tenderloin on a hunt for every glass crack pipe, the SFPD is now a somewhat more lenient beast in the drug realm. Drug arrests in the city dropped by 85 percent in the last five years, according to California Department of Justice data. Police Chief Greg Suhr downsized his narcotics unit, shifting to focus on violent crime.

“People that sell drugs belong in jail because they’re preying upon sick people,” Suhr told the Guardian, although he added, “People with a drug problem need to be treated, as it’s a public health issue.”

Suhr said he supports the lower sentencing for crack cocaine to make it on par with powder.

“Cocaine,” he said, “is cocaine.”

District Attorney George Gascon’s office also prosecutes mostly violent and property crimes as opposed to drug possession, reflecting a rare show of agreement between the Public Defender’s Office, the SFPD, and the DA. San Franciscans battling drug problems are often diverted to drug courts and rehabilitation programs.

Crack cocaine has largely moved on from San Francisco, leaving its ugly legacy. Meanwhile, heroin use is on the rise, but nevertheless carries the same harsh sentence as crack cocaine for possession with intent to sell.

“It’s the pathetic state of politics today that it took this long for this to happen,” Boden told us, on sentencing reform. “Now it won’t cost me anything, I’ll show what a great liberal I am.”

 

California water bond still fluid despite looming deadline UPDATED

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California is in the midst of a record-setting drought, but state lawmakers still aren’t fully on board with Proposition 43, a water bond measure that could finally enact the aborted Safe, Clean and Reliable Water Supply Act of 2012 if approved for the November ballot. Now, with the California Legislature working to revise the measure by tomorrow’s [Wed/13] new deadline, the original proposal might not make it onto the ballot as it currently stands.

Prop. 43, originally placed on the 2012 ballot but moved to this year’s election by the Legislature, has been criticized by Gov. Jerry Brown, who called for a $6 billion bond on June 25, nearly half the legislation’s current $11.14 billion cost. Brown called the current legislation “a pork-laden water bond…with a price tag beyond what’s reasonable or affordable,” a sentiment shared by others who see through what the California official voter information guide’s argument against the bond calls a “bloated measure.”

Now, state lawmakers are closing in on a $7.2 billion bond, with $2.5 billion set aside for water storage projects, though the approaching November election gives them a small window to make changes. The Assembly originally aimed to put the finishing touches on the legislation by Monday evening, when the voter guides were scheduled to begin printing, but it delayed the deadline until Wednesday. [UPDATE 8/14: Brown and lawmakers yesterday struck deal to place a $7.5 billion water bond on the fall ballot.]

But even the new legislation doesn’t cut it for some environmentalists, including Sierra Club California Director Kathryn Phillips, who helped pen the argument against Prop. 43 in the state’s voter information guide.

“We believe that they are essentially setting up a system that will allow big water marketers to buy water north of the [Sacramento-San Joaquin River] Delta and put it in the river as a so-called environmental flow,” Phillips told the Bay Guardian. “Then private entities will extract more water out of the Delta. Any money that is put into flow, unless you put very clear boundaries on it, can be used to just accelerate the extraction of water from the Delta.”

Instead, Phillips believes the funds should be allocated to more needy recipients. “We really think the money should increase regional resilience,” Phillips said, naming percolation and stormwater capture as examples. “There is money for those, but it’s a small amount compared to the single biggest expenditure.”

That expenditure is water storage, an important and necessary part of dealing with droughts, such as the one parching California right now. But when the money appropriated for that cause ends up funding other projects, like extracting water out of the Delta for things like “outdoor recreation,” as Phillips said, the problem isn’t really solved.

“‘Storage’ means that $2.5 billion is going to go toward three dams—and maybe a couple more projects—in the Central Valley,” Phillips said. “None of that money will be available to those on the North Coast or those west of the Delta, and it will be continuously appropriated; there will not be legislative oversight.”

And, according to Phillips, that means lawmakers can essentially do whatever they please with the funds.

“The Republicans have wanted $3 billion to be going to storage projects and they have defined them in a way that doesn’t include groundwater storage, with preference to projects that are directly linked to the Delta,” Phillips said.

Indeed, Assemblymember Connie Conway, the GOP’s minority whip, has voiced her support for Prop. 43 if state lawmakers can’t come to terms on a revised measure, and the proposition does indeed allocate $3 billion for storage, as Phillips mentioned.

“While we are currently reviewing the details, it’s clear that this latest proposal is going in the right direction. Increasing funding for storage is imperative to meet our goal of providing a reliable water source to all of California for generations to come,” Conway said in a statement on Monday. “However, the proposal fails to provide a sufficient down payment on the two large storage projects that are the backbone of any comprehensive water plan. Shortchanging water storage will result in one or both water storage projects not being built and water that could provide for millions of households per year would continue to be lost.”

Brown recently proposed a $6 billion bond, in which he did not include funding for a pair of 30-mile tunnels to be placed under the Delta, a project that Brown called for in July 2012 and one that environmental advocacy group Friends of the River calls “the worst threat to Northern California rivers in history.”

Prop. 43 does include the Delta, calling for “habitat restoration” that environmentalists say is a prime example of greenwashing Brown’s project, which would provide water from the Delta to farmers and southern California residents, at a massive cost both economically and environmentally.

Those in favor of Prop. 43 argue that it will help prepare for droughts by improving water storage ability, create jobs through its call for infrastructure improvements, and improve water supplies for farmers. Lisa Lien-Mager, spokesperson for the Association of California Water Agencies, did not respond when contacted by the Bay Guardian for comment.

The constant discourse regarding the issue (several other price tags came before the $7.2 billion figure) put in question lawmakers’ ability to come to a resolution in time for the November election. Both houses of the Legislature would have to approve a rewriting of the proposal by a two-thirds vote, on top of securing Brown’s signature.

As Conway said, “There is still work to be done to reach agreement on an alternative water bond that addresses our state’s critical water storage needs.”

Time for change

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news@sfbg.com

Christy Price doesn’t want to work forever. At 60, the security guard has worked in formula retail stores for 25 years. She says she has trouble making a living due to cuts in her work schedule, a setback that could prevent her from retiring for the foreseeable future.

Price, who has been with her current company for a decade, works at various retailers her company contracts with. Her shift from full- to part-time work is typical for employees of formula retailers in the city, many of whom are half Price’s age and attempting to support families or make their way through college.

“I’m more or less in the same predicament as [the retail workers], in terms of hours,” Price said. “It’s scary, and it’s awful sad. You’ve got people who want to work and contribute, but they aren’t given the opportunity.”

Sup. Eric Mar’s recently proposed Retail Workers Bill of Rights aims to change that. Unveiled at a July 29 press conference at San Francisco City Hall, the legislation seeks to boost prospects for retail workers “held hostage by on-call scheduling, diminished hours and discriminatory treatment by employers,” according to a statement issued by Mar’s office. There are also plans to expand the legislation to include employees of formula retail contractors, like Price.

“We’re here today because raising the minimum wage isn’t enough,” Jobs with Justice Retail Campaign Organizer Michelle Lim said at the press conference. That same day, the Board of Supervisors voted unanimously to place a measure on the November ballot to raise the San Francisco minimum wage to $15 an hour by 2018.

The current trend is for retail employers to hire part-time workers, spreading the hours thin and requiring employees to be on call for many more hours of work than they actually receive. That creates unpredictable schedules, making it difficult for workers to pay the bills.

Having stable work hours makes it possible for formula retail employees to plan for other parts of their lives, like earning college degrees, spending time with family or working other jobs — which is often a necessity for lower wage workers. Plus, as Price notes, companies with too many part-time employees aren’t getting the most out of their workers.

“If you keep undercutting them and cutting their hours, you’re not going to get the customer service that you’re looking for,” Price said. “You’re going to get what you pay for. You do need that skill; some people can do it, some people can’t.”

At the press conference, Mar was joined by fellow lead sponsor Board President David Chiu and co-sponsor Sup. John Avalos, along with speakers from local labor advocacy groups and a host of current and former formula retail workers.

As Lim explained, the proposed Bill of Rights package has four provisions. The first calls for “promoting full-time work and access to hours.” It would require formula retail employers to offer additional hours of work to current part-time employees, before hiring additional part-timers.

That would help prevent situations like those mentioned by retail employees speaking at the press conference. One Gap employee noted that part-time workers are often expected to commit to up to 30 hours of availability a week, yet would only be offered as little as 10 hours, despite being required to remain on call.

Another formula retail employee, Brian Quick, had a particularly rough experience while working for Old Navy at the clothing retailer’s flagship store. Having worked in retail for four years, he said his schedule for the upcoming week would come out on Thursday night, and the hours constantly fluctuated.

“It’s hard to plan anything such as doctor appointments when you aren’t even sure when you work,” Quick said. “Some weeks I would work 35 hours, and the next I’d get 15 hours. How am I supposed to pay bills?”

Last-minute notices became routine for Quick, who sometimes received calls informing him he didn’t have a shift anymore the night before he was scheduled to work.

“One day I came into work and they cut my hours right then and there,” Quick said. “Seems like everything is based on sales and not the well-being of the people who make the sales happen.”

Quick had other troubling experiences while working for Old Navy, including when he was denied Christmas vacation despite applying for it three months in advance. He eventually got the time off, but only through persistence and “the last-minute intervention of a sympathetic manager.”

“We know that consistent and reliable scheduling is important to our employees,” said Laura Wilkinson, a spokesperson for Gap Inc. “We are exploring ways to increase scheduling stability and flexibility across our fleet of stores. For example, last month we announced a pilot project with Professor Joan Williams of [University of California] Hastings College of Law to examine workplace scheduling and productivity.”

Gap Inc., the corporation that owns Old Navy, could be at the forefront of improving conditions, but the legislation’s supporters aren’t counting on retailers to make the necessary changes.

Instances like Quick’s are common in formula retail all over the country. Many retail employees, including some of Quick’s co-workers, must support families despite the unpredictable hours and low wages.

The second provision of the Retail Workers Bill of Rights attempts to fix that. It calls for “discouraging abusive on call practices” and aims to “encourage fair, predictable schedules.” Specifically, that would entail employers posting core schedules in advance with reasonable notice and providing premium pay “when an employer requires an employee to be ‘on-call’ for a specific shift, or cancels a shift with less than 24 hours notice.”

The third provision looks to improve conditions for part-time workers, calling for “equal treatment.” That means prohibiting employers from discriminating against employees “with respect to their rate of pay,” among other things like promotion opportunities and paid or unpaid time off.

It also addresses a chief concern for many part-time workers: ensuring that employees unable to maintain “open availability,” or being available at any time for a shift, are not denied employment. That’s especially significant for students and parents who have to balance their lives outside the retail industry with its demanding work hours.

“These policies, I feel, will have a huge impact on the lives of tens of thousands of our services workers, many of them low-wage workers who live with uncertainty and fear about their schedules and their other responsibilities in life,” Mar said as he introduced the legislation.

“Many of my family members and close friends are in that category, [along with] single moms, students in college and others that really deserve fair scheduling and a fair chance at economic justice.”

The final provision seeks to protect workers’ job security when their companies are bought or sold, requiring a 90-day trial period for existing employees if a formula retail business is acquired. This is meant to prevent companies from simply forcing out previous employees, allowing the workers a grace period to search for new work.

The legislation would impact an estimated 100,000 workers at approximately 1,250 stores across San Francisco. Those that qualify as formula retail businesses under city law include fast food businesses, restaurants, hotels and banks, and they must meet requirements in Section 703.3 of the San Francisco Planning Code.

In short, the law will apply to businesses considered to be chain stores, such as Target, McDonald’s, Starbucks, Wells Fargo and other major companies doing business throughout the city.

But the Retail Workers Bill of Rights’ supporters believe its impact will be felt beyond San Francisco, citing the city’s history of starting nationwide movements.

“San Francisco has always led the way when it comes to policies that protect working people,” Lim said. “The Retail Workers Bill of Rights is a commonsense proposal to bring stability to some of our city’s most marginalized workers.”

The supervisors sponsoring the ordinance have received plenty of help from Lim and Jobs with Justice San Francisco, a worker’s rights organization that has played an integral role in the city’s fight to improve labor conditions.

In 2013, Jobs with Justice mobilized labor support for the California Domestic Workers Bill of Rights, legislation not unlike Mar’s proposed legislation. In September 2013, Gov. Jerry Brown signed the Domestic Workers Bill into law, making California the nation’s first state to mandate overtime pay for domestic employees, specifically designating time-and-a-half pay for those working more than 45 hours a week or nine hours a day.

Even more support has come from the San Francisco Labor Council, Service Employees International Union Local 87 and Young Workers United, among many others, all of which have endorsed the legislation.

The proposal will come back into play in September, when the board returns from its summer recess. The process will start with public hearings, at which Mar said he looks forward to “really lively public conversation.”

That will give workers like Julissa Hernandez, a Safeway employee for 13 years and a veteran of the retail system, a chance to have their voices heard.

Speaking at the City Hall press conference, Hernandez said, “We should let retail workers know that they are not alone in this fight.”

 

Citizens United measure challenged — does it matter what Californians think about corporate personhood?

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Recently, the California Legislature approved a nonbinding question that would allow California voters to show their thoughts – mainly, their disdain – for the 2010 US Supreme Court ruling in the Citizens United case that allowed corporations to make unlimited campaign contributions.

But on Tuesday, opponents filed a lawsuit seeking to remove the question from the November ballot. They say the ballot should be reserved for laws, not the measurement of non-binding feelings. Meanwhile, advocates say putting the question on the ballot provides California voters with the very voice often quieted and underfunded compared to the corporations that the court decision empowered.

The advisory measure, which would appear as Proposition 49, is threatened by a lawsuit filed by the Howard Jarvis Taxpayers Association, an advocacy group for taxpayers’ rights. Gov. Jerry Brown isn’t a massive cheerleader for the advisory measure, either. He opted not to sign it, pointing out that the Legislature had already approved a resolution asking Congress to convene a constitutional convention to overturn the decision.

He added that the state should not “make it a habit to clutter our ballots with non-binding measures as citizens rightfully assume that their votes are meant to have legal effect.” The HJTA claim the measure is an attempt to increase voter participation in a a mostly mundane statewide election.

“It is very disappointing that the majority in the Legislature views the elections process as their personal plaything,” HJTA President Jon Coupal wrote in a biting statement.

Similarly, the Sacramento Bee wrote that the proposed ballot measure is “designed to lure more Democrats to the polls when legislators are trying to keep their seats.”

But the initiative’s supporters argue that it’s important to bring voters to the polls because citizens could use more of a voice. This argument is not so different than those who think political protests matter because they help voice public opposition and attract political attention. This measure just has a more legislative flavor than the typical street protest, and involves more taxpayers’ cash. But according to Michael Sutter, volunteer organizer for The Money Out Voters In Coalition, it would only cost voters two pennies at most.

“This is one of those issues where Californians know that this is wrong, want to do something about it, and feel that this is a very good way to have the national conversational in an unavoidable way,” Sutter said. “We can make big noise here in California.”

Since the Citizens United decision, cities around California have found comfort in voicing their disapproval through non-binding resolutions at the local level. In 2010, Richmond voted unanimously to support a resolution calling for a constitutional amendment to abolish corporate personhood, and two years later, San Franciscans followed suite, passing Proposition G with 81 percent of the vote.

Yet the Citizens United decision still stands, and the usefulness of such non-binding resolutions remains to be seen.

John Bonifaz, co-founder and president of Free Speech for the People, launched a national campaign opposing Citizens United right after the decision was made. Since then, 11 states have passed some kind of resolution announcing their support for overturning Citizens United.

“It was not a waste to have Montana voters vote on this kind of measure in 2012, nor to have Colorado voters vote on this measure in 2012,” Bonifaz told the Guardian. “This is a critically important measure for the future of our democracy. Are we going to become a nation where only the big money interests and corporations are able to be heard, or are we in fact going to reclaim a basic fundamental promise of government by and for the people?”

Non-binding measures rarely make an appearance on the California ballot. According to Sutter, the last time to come close was in 2007 when the State Senate passed a non-binding ballot measure asking voters if they supported withdrawal of troops in Iraq. “We only use these kinds of measures when national policy is directly at odds with the will of the California people,” Sutter said.

The Iraq ballot measure was promptly vetoed by then-Gov. Arnold Schwarzenegger. Critics condemned its usefulness; after all, how could California opposition bring the troops home? And now, how can opposition in California to outrageous campaign contribution help level the political playing field?

The truth is that maybe it won’t.

“By allowing SB 1272 to become law without my signature, it is my intention to signal that I am not inclined to repeat this practice of seeking advisory opinions from the voters,” Brown stated.

But Sutter thinks his attitude is the problem, and that maybe political figures should consider seeking voter feedback more often. “Jerry Brown has a problem with the concept of the people advising their representatives, and that’s an attitude I have a problem with,” she said.

Prop. 49 might not change the Citizens United Decision, but — if it survives the lawsuit — it will make it apparent that a whole lot of California voters want the court decision overturned. The question is whether or not those in power care what people think.

Appealing to San Francisco values

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EDITORIAL When lawyers become politicians, and when those politicians assume offices where they can exercise discretion about when to appeal judicial rulings, the decision to do nothing can be as big and impactful as the decision to file a lawsuit.

Luckily for California, it is progressive-minded attorneys from the Bay Area who have found themselves in the position of advancing public policy through wise decisions about when to let rulings stand and when to challenge them. And it is our hope that Attorney General Kamala Harris remembers her Bay Area roots when making a couple of important pending decisions on appealing some high-profile recent rulings.

Harris was already weighing whether to appeal a judge’s ruling striking down teacher tenure laws (see “Pride and prejudice,” June 24) when another judge ruled that California’s death penalty is unconstitutional (see “Death sentence for executions?” Page 16).

Her opponent in fall runoff election, Republican Ron Gold, has called for Harris not to appeal the teacher tenure ruling — and he would almost certainly make great political hay of a decision by Harris not to challenge the death penalty ruling. But Harris should easily defeat this also-ran challenger in November and she should maintain the courage of her convictions in making these decisions.

We urge Harris to aggressively appeal the teacher tenure ruling and not be swayed by the judge’s fallacious argument that teacher tenure hurts urban schoolchildren. And on the death penalty, which Harris has long opposed, we urge her to help end the barbaric, expensive, and ineffective executions (which could mean appealing the recent ruling to the Ninth Circuit Court of Appeals and then not appealing a favorable ruling there, which would serve to end capital punishment in California).

That kind of selective use of the Attorney General’s Office discretion on appeals would follow in the tradition of Gov. Jerry Brown, when he was attorney general, choosing not to appeal the ruling striking down Prop. 8 and instead helping to legalize same-sex marriage.

Meanwhile, in San Francisco, we’re happy that City Attorney Dennis Herrera decided to “aggressively defend” Prop. B, which requires voter approval for projects that exceed current height restrictions on the San Francisco waterfront, against a lawsuit by the State Lands Commission.

Likely prompted by Lt. Gov. Gavin Newsom, one of three members of that commission and someone who has long been friendly to big investors and developers, this lawsuit should have never been filed — and Herrera was right to say so and pledge a vigorous defense of the measure.

The people of San Francisco and California are lucky to have Harris and Herrera in the position to make these important decisions.

SF school board to consider minimum wage proposal tonight amid union battles UPDATED

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Update [6/25]: The minimum wage proposal won, and is now part of SFUSD’s approved budget. “There will be a larger conversation in August when I introduce the new minimum wage policy,” Matt Haney, of the Board of Education said. Read the article to get some context on SFUSD’s minimum wage struggles.

Hundreds of San Francisco Unified School District employees stand to finally be paid San Francisco’s minimum wage, in a new proposal expected for tonight’s Board of Education meeting.

Matt Haney, a board commissioner, plans to propose requiring SFUSD to pay San Francisco’s minimum wage. He said it’s a practical move that also carries a message.

“It’s a relatively small amount of people, but a dollar fifty or two dollars more an hour is not pocket change for them,” he told the Guardian. “It’s really a step towards aligning the school district towards paying everyone a living wage.”

As a state entity, the SFUSD need only adhere to the state minimum wage of $9 an hour, which will be the state’s new minimum wage starting July 1. For now, San Francisco’s minimum wage is $10.74 an hour, though that may change under a new November ballot measure to as much as $15 an hour by 2018.

Haney is considering introducing a new resolution in August to match the City’s $15 minimum wage hike, as well.

Over 800 SFUSD workers earn below San Francisco’s minimum wage. These employees are mostly unrepresented by unions, Haney told us, and though they serve in a variety of positions, most are yard monitors who oversee recess in the city’s over 100 schools.

Haney’s minimum wage proposal is part of the overall SFUSD proposed 2014-15 budget, which the school board will vote on tonight. As Governor Jerry Brown’s new funding mechanism, the Local Control Funding Formula, drives extra dollars into disadvantaged school districts, the unions and schools are expected to put on the pressure for the district to offer raises for teachers and paraprofessionals.

“There should be some fireworks, I imagine,” Haney said.

Negotiations between the school district and the unions are at a standstill, sources tell us. The district said it is proposing a 8.5 percent increase over three years, which amounts to an approximate $1.83 an hour raise for paraprofessionals. This offer infuriated the United Educators of San Francisco, who allege that is still not a living wage.

“They’re coming to us and saying ‘this is almost the best we can offer,'” Dennis Kelly, president of UESF told the Guardian. “What the hell does that mean?”

Paraprofessionals often work in special education or early childhood education, and some are security aides. There are between 1,350 and 1,500 of those employees at any given time in the district, Kelly told us, noting they’re also a group made up largely of minorities and women.

In a statement to the press, SFUSD Superintendent Richard Carranza said the district made the best offer it could under the circumstances.

“We are committed to providing salary increases this year and in the future as long as the revenues from the state continue to grow,” Carranza wrote. “Unfortunately the state’s forecast for school budgets just got a lot worse. Governor Brown just said that he is now expecting districts to pay a bill, in the amount of several billion dollars, to cover the State’s unfunded pension liabilities as soon as next school year and every year after for the foreseeable future. This expenditure will spend a significant amount of the very same revenues we are counting on to provide services for our students and salary increases for our employees.”

As the district struggles with its bills, the paraprofessionals are facing the very real rising costs of living in San Francisco. The average pay for a paraprofessional is $25,000, Kelly told us, adding “you’re employing 1,000 of these people at poverty wages.”

The UESF will take a vote to authorize a strike vote in August, and the negotiations between the UESF and the school district is expected to be mediated soon.

In the meantime, for 800 or so employees at least, Haney’s minimum wage increase should bring some much-needed good news to a school district beleaguered with money woes. Though the raise would only bump employees a dollar fifty or two dollars an hour more, Haney said, “it’s a symbolic in some ways, but important.”

And as a school district that mostly serves poor and disadvantaged students, Haney added, “if anyone should know about poverty in schools, it’s us.”

Correction: An earlier version of this story inaccuately cited the district’s wage offer. The Guardian apologizes for the error.

Transportation funding faces key test after Mayor Lee flips on VLF increase UPDATED

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Facing a deadline of tomorrow’s [Tues/10] San Francisco Board of Supervisors meeting to introduce measures for the November ballot, advocates for addressing the city’s massive long-term transportation funding gap still hope to introduce an increase in the local vehicle license fee, even though the once-supportive Mayor Ed Lee has gotten cold feet.

While Lee and all 11 of the supervisors support a $500 million general obligation bond that would mostly go toward capital improvements for Muni — a measure almost certain to be approved by its July 22 deadline — the local VLF was originally presented by Lee as a companion measure to fund Muni, street resurfacing, and bike and pedestrian safety improvements.

But when Lee got spooked by a poll in December showing 44 percent voter approval for increasing the VLF and the need to actually do some campaigning for the measure, he withdrew his support and left cycling, streets, and safety all severely underfunded. A report last year by the Mayor’s Transportation Task Force pegged the city’s transportation infrastructure needs at $10.1 billion over 15 years, recommending just $3 billion in new funding to meet that need, including the embattled VLF measure.

“It’s important for us to move forward with the local VLF,” Sup. Scott Wiener, who has taken the lead on ensuring local term transportation funding, told the Guardian. “If this is not the right election, then we have to say which election we will move this forward.”

But so far, Wiener hasn’t gotten a commitment from the Mayor’s Office, with which he says he’s still in active talks. The Mayor’s Office also hasn’t returned Guardian calls on the issue. If Wiener doesn’t get an assurance that the VLF will go before voters, then he says that he’ll push another fall ballot measure that he introduced May 20, which would increase the city General Fund contribution to Muni as the population increases, retroactive to 10 years ago (thus creating an initial increase of more than $20 million annually).

“It would be in lieu of the VLF, not in addition to it,” Wiener said the rival measure, noting that he prefers the local VLF, a stable and equitable funding source that wouldn’t cut into other city priorities. [UPDATE 6/10: Wiener said he received a commitment from Lee to place the VLF increase on the 2016 ballot, so he is dropping his measure to increase Muni funding as the population increases].

Sen. Mark Leno spent about 10 years winning approval for the authorizing state legislation that authorizes San Franciscans to increase the VLF, enduring two governors’ vetoes along the way before getting Gov. Jerry Brown to sign it into law last year.

Wiener notes that the measure would increase the VLF in San Francisco to 2 percent, restoring it its longtime level before Arnold Schwarzenegger used a VLF reduction as a campaign issue to get elected governor, slashing it to 0.65 percent in 2003.

“That action by Gov. Schwarzenegger has deprived California of about $8 billion per year,” Wiener told us. “This is not some newly minted fee, it restores the VLF to what it was going back to the ‘50s.”

San Francisco Bicycle Coalition Director Leah Shahum said she was disappointed that Lee didn’t follow through on his commitment to fund bike and pedestrian safety improvements through the local VLF, but she said there is wide support on the board for the measure.

“Tomorrow is the big day, but we’re hearing real strong support for the measure,” Shahum told us. “I feel strongly there will be eight supervisors committed to introducing the measure.”

That two-thirds vote threshold is part of the legislation that enabled San Francisco to increase its VLF, but Shahum said she believes there is that level of support on the board for doing the VLF increase this year, which the SFBC would actively campaign for.

“The whole idea was these things would go as a package,” Shahum told us. “This is a huge deal for us. Give the voters a chance to vote for safe and smooth streets.”   

Lee’s abandonment of the VLF comes in the wake of his SFMTA appointees’ repeal of Sunday parking meters, which Lee said was driven by a desire to win over car-driving voters for his transportation measures. Last month on Bike to Work Day, Lee and other city officials also touted the measures as important for bike project, although Shahum said the general obligation bond does little for cyclists, except for an allocation for renovating Market Street. 

“There is not a desigination for bike safety and infrastructure, that was goign to be all in the VLF measure,” Shahum said. 

Wiener cited the long road that Leno traveled to give San Franciscans that opportunity as a reason to move forward with increasing the VLF, a progressive tax that charges more for luxury cars than old beaters used by the working class, but Leno was a bit more circumspect about the situation.

“If it taught me anything, it’s patience,” Leno told us about the long road to let San Francisco authorize a higher VLF. “As with anything in the world, timing is everything.”

Leno said support from labor, the business community, and all of City Hall’s top leaders are all necessary to win voter support for increasing the VLF, so it’s crucial that everyone is enthusiastically on board. “I think we may only have one shot, so when we go to the ballot, we need to have our coalition intact.”

Without commenting on the wisdom of delaying the vote this year, Leno said that if that happens, it’s crucial to get everyone to commit to passing it in 2016, a position Wiener also supports.

“There are times when we need to have a long view,” Leno told us. “But one way or the other, we have to get serious about identifying dedicated revenue to invest in Muni or we will all pay a serious price.”

 

To participate in a public forum on this and related matters, please join us this Thursday evening for “Bikes, Buses, & Budgets: How to create the transportation system San Franciscans needs.” This Bay Guardian community forum, from 6-8pm at the LGBT Center (1800 Market), will feature Wiener; SFBC community organizer Chema Hernandez Gil; Jason Henderson, an urban geography professor at SFSU who writes the Guardian’s monthly Street Fight column; and others, moderated by yours truly. It’ll be fun, informative, and one lucky attendee will leave with a A2B electric bike as part of a free raffle at this free event.    

No Wall on the Waterfront wins big, Chiu prevails in Assembly race by slim margin

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Developers looking to build high-end luxury condos on the waterfront lost big last night. 

Proposition B, backed by a campaign committee known as No Wall on the Waterfront, won handily with a 19 percentage point lead at the polls. 

At the Yes on B campaign party at Sinbad’s, former Mayor Art Agnos described the outcome as a win for the people of San Francisco.

“I think this vote is a decisive vote,” Agnos said, “that sends a message to City Hall that people in San Francisco want to protect the waterfront.

The ballot measure will require voter approval for waterfront development projects that exceed established building height limits.

Most political experts predicted last night’s June primary election would result in record-low turnouts, since Governor Jerry Brown’s expected win meant no big-ticket votes on the ballot. The prediction was correct. All told, 22 percent of San Francisco registered voters cast ballots in the June 3 election. And though some provisional ballots and mail-in ballots will be counted over the next few days, the initial counts have Yes on B miles ahead.

At Oddjob, a SoMa cocktail bar, opponents of Prop B backers were in a grim mood on election night.

Patrick Valentino, a No on B spokesperson, said his camp had a “more complex message” to convey. He felt their thesis, arguing luxury condos take pressure off the housing market, wasn’t heard by voters.

Meanwhile, in the Assembly race for soon-to-be termed out Tom Ammiano’s seat, Board President David Chiu and Sup. David Campos emerged as the first- and second-place primary winners, respectively, setting them up to face off against one another in November as expected.

Chiu prevailed, with 48 percent to Campos’ 43 percent, a five percentage point lead. But from the start of the night to the end, Campos was able to close a gap that was initially larger, setting the stage for a close race in November

At his celebration, Chiu told supporters: “It feels good.” When early polling results showed Chiu much farther ahead, a finance staffer told the Guardian, “We’re surprised by the gap, we expected to be up, but not by this much.”

David’s father, Han Chiu, said “we are so proud.

But as more results came in, Campos was able to narrow the gap, finally trailing by a margin of about 3,000 votes.

Campos adressed his supporters at Virgil’s Sea Room, and as the crowd whooped and hollered, he took note of a few milestones.

Firstly, few progressive campaigns for Assembly had ever raised as much money as his had, which he thanked his staffers for.

And the numbers should make Chiu nervous, Campos said, because fewer voters turn out to the polls in the primaries.

“We’ve been very clear,” he boomed to the bustling crowd. “If Chiu doesn’t win by double digits [in June], we win in November.”

Reed Nelson contributed to this report.

Bay Guardian News Editor Rebecca Bowe, Staff Writer Joe Fitzgerald Rodriguez and freelancer Reed Nelson live-tweeted campaign parties throughout last night. Check out their tweets in a curated timeline, below.


End the open primary experiment

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EDITORIAL

This week’s primary election on June 3 occurred after Guardian press time for this issue, but there’s one conclusion that we can draw about it without even knowing the results: This is a pretty shabby form of democracy that few voters cared about. California’s experiment in open primaries is a disaster, and it’s time for a new model.

Turnout for this election was expected to hit historic lows, and for good reason: There was nothing of any real significance on this ballot, except perhaps for Proposition B on the San Francisco ballot, to require voter approval for height increases on waterfront development projects.

Even the hotly contested Assembly District 17 race between David Campos and David Chiu was simply a practice run for a rematch in November, thanks to an open primary system that sends the top two primary finishers, regardless of party, to the general election.

The system was approved by voters at Proposition 14 in 2010, placed on the ballot by then-Assemblymember Abel Maldonado as part of a deal with then-Gov. Arnold Schwarzenegger to break a budget stalemate caused by their fellow Republicans. Such horse-trading should have been a bad sign that this change wouldn’t live up to its idealistic hopes.

Its backers promised that it would favor more moderate candidates and reduce negative campaigning, but that hasn’t happened. Indeed, at press time it appeared Gov. Jerry Brown would be facing the most radically right-winger in the race, Tim Donnelly, in November.

What it has instead done is reduce the primary election to a boring and meaningless waste of time and money, turning off voters and creating low-turnout elections that are more prone to manipulation by wealthy special interests.

We at the Guardian are all for greater experimentation in our electoral models. We were big supporters of the ranked-choice voting system that is working well in San Francisco and Oakland. We support even more aggressive models for publicly financing campaigns and reducing the role on private money in electoral politics. Hell, we also support a proportional representation system and other wholesale transformations of our political system.

But while we’d love to see even more electoral experimentation, we also need to recognize when experiments are failing, as California’s open primary system now is. It’s time to try something new.