Labor

SF supervisors vote to legalize and regulate Airbnb’s short-term rentals

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The San Francisco Board of Supervisors today approved controversial legislation to legalize and regulate short-term housing rentals to tourists, voting 7-4 on the package after supervisors narrowly rejected a series of amendments to rein in an activity that has taken thousands of units off the market for local residents.

Amendments to limit hosted rentals to 90 nights per year, to require that Airbnb pay about $25 million in back transient occupancy taxes it owes the city before the legislation would go into effect, to exclude in-law units from eligibility for short-term rentals, and to limit rentals in single-family home neighborhoods failed on a series of 5-6 votes.

Sups. John Avalos, David Campos, Eric Mar, Norman Yee, and Jane Kim voted as a block on the amendments to limit the scope of short-term rentals facilitated by Airbnb and other companies, as a broad coalition that includes tenant, landlord, labor, neighborhood, and affordable housing groups had sought. Kim parted from that block to vote yes on the final legislation, which the others opposed.

Amendments proposed by Kim to give housing nonprofits the right to file injunctive lawsuits to help enforce the legislation and by Campos to ban short-term rentals in units that have been cleared of tenants by Ellis Act evictions were approved 8-3. But because those changes were substantial, they were turned into trailing legislation that must go back to the Planning Commission.

Despite a series of amendments since Board President David Chiu proposed the legislation over the summer, its basic tenets have changed little. It requires short-term rental hosts to register with the city and rent out only their primary residence, which they must live in for at least 275 days out of the year, with the Planning Department enforcing the regulation on a complaint basis.

That effectively limits the rental of entire homes to 90 days per year, but Chiu, Airbnb, and its hosts strenuously rejected calls to extend that cap to hosted rentals, such as spare bedrooms that might otherwise be available to permanent city residents. Chiu said his legislation was “framed through the lens of our housing affordability crisis,” arguing that many San Franciscans rely on Airbnb income to make their rent.

Avalos said he understands that position, but he said tourists shouldn’t be displacing San Franciscans, proposing the 90-day limit on all short-term rentals. “I think it’s important to maximize our residential housing stock to the utmost,” he said. Mar also voiced strong support for extended the cap, criticizing the “cult-like” beliefs by some home-sharing advocates.

As I’ve been reporting in the Guardian over the last two and a half years, Airbnb and its hosts have been openly defying city laws against short-term rentals, as well as ruling by the Tax Collector’s Office that the city’s transient occupancy tax (aka hotel tax) of about 15 percent applies to short-term rentals.

Airbnb just began to collect that tax for its guests last week, but Campos argued that it should pay those back taxes going back to the city ruling in the spring of 2012 before the city legalizes and validates its activities. Company representatives have said its TOT collection would total about $11 million per year.

“I believe it’s only right that Airbnb make good on its back taxes before this legislation becomes law,” Campos said, arguing this $10 billion company is being rewarded for defying city regulators. “Do we give special treatment to a multi-billion-dollar company?”

But supporters of the legislation were anxious to move it forward, despite the dizzying series of complicated amendments, something Avalos said was unusual. “I’m surprised it was given the green light to leave today,” Avalos told reporters after the vote. “There was a lot of pressure to move it forward.”

Now the question will be whether the Planning Department can effectively enforce the regulations, particularly given that Airbnb has been unwilling to share data that might help in that effort. City officials have seemed powerless to enforce laws against short-term rentals that have been on the books for decades, even with rising public concern about the issue over the last year.

“I’m concerned that the legislation simply isn’t enforceable,” Kim said, arguing for the private right of action component that will be returning for board consideration in the coming months.

The other question is whether we’ve heard the end of an issue that has polarized city residents, or whether the coalition of opponents will succeed in a threatened initiative campaign to put more stringent new short-term rental regulations before voters next year.

Sup. Mark Farrell thanked Chiu for taking on the issue despite the intractable positions on both sides, saying, “I think everyone recognizes this to be a no-win situation.” Wiener are referenced the wide emotional divide on the issue: “The views around it are so intensely divergent.”

“The status quo is not working. This system of home sharing is happening in the shadows with little or no oversight,” Wiener said. “It’s time to bring it out of the shadows.”  

Even supporters of the legislation, such as Breed, said they would continue closely monitoring the situation to ensure the legislation helps curbs widespread abuses of lucrative short-term rentals, including landlords evicting rent-controlled tenants to use Airbnb and entrepreneurial tenants renting out multiple apartments through Airbnb, practices Chiu sought to curb.

“The one thing that I think everyone can agree upon is the status quo is not working,” Chiu said early in the hearing.

After the legislation — which comes back to the board for a perfunctory final vote next week and goes into effect in February barring legal challenges — Airbnb’s Public Policy Director David Owen told the Guardian, “It’s a tremendous step forward and we have a lot of work to do.”

By George

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FILM/LIT It’s anyone’s guess how many films and videos George Kuchar made before his death in 2011 (Portland’s Yale Union is valiantly attempting a comprehensive retrospective, which they estimate will take seven years), but there’s material for at least a hundred more in The George Kuchar Reader (Primary Information, 336 pp., $27.50). Tracing a singular life in movies from the Bronx-bound 8mm melodramas Kuchar made with his twin brother, Mike, on through the boundlessly nutty video conflagrations emerging out of his classroom at the San Francisco Art Institute, the book collects handwritten screenplays, letters, underground comics, meteorological observations, and UFO diaries. Reader editor Andrew Lampert will be in attendance at two special screenings in the coming weeks to report on these deep-sea dives into Kuchar’s self-described cinematic cesspool.

That Kuchar’s literary artifacts should be hilarious and not a little wise is no surprise, but it’s worth pausing to note the extent to which the writing itself illuminates Kuchar’s creative methods. Take the letters of recommendations he wrote for his SFAI students — an obligatory form of writing if there ever was one, but for Kuchar an occasion for uninhibited characterization: “This winged spirit, reared in semitropical heat, can banish the chill that has descended upon your patrons; so turn up the heat and witness what only equatorial nearness can nurture”; “His unbridled lust for livid living endows the fruits of his labor with intoxicating incense. Sniff these works at your own risk as the aroma reeks of secret scents from a Garden of Eden gone mad with flower power”; “He’s a lone figure swimming upstream to a different drumbeat.” No cliché is safe. Kuchar’s persistence in slugging it out with these once familiar figures of speech surely says something about the way he approached a dramatic scene.

Implicitly skewering heroic strains of avant-garde poetics, Kuchar’s accounts of his own filmmaking almost always turn on the body. Take this metabolic account from a 1964 article for Film Culture:

“Many nights I lay awake in my sheets burning with the fever of a new movie script … Sleep only comes when extra sugar is pumped into my body due to the excessive emotional tension that grips me during these celestial periods. The sugar makes my body hot thereby opening its big pores. Then the sweat of my ordeal seeps out in a stink of creativity and new germ has been born. A germ that will grow into the virus of 8mm movies. In the morning I awaken, fresh, vibrant, but constipated with the urge to release a lump of cinematic material.”

So filmmaking is fever, open pores, sweat, stink, germs, and viruses; the film itself, a load of shit. One begins to sense that the many Joycean digressions on “exciting gastric distress” peppering these pages are less a matter of any particular tummy trouble than Kuchar’s underlying conviction that the creative muse is ineluctably bound to more basic drives.

Bodily fixations notwithstanding, Kuchar was plenty canny about film aesthetics, whether pinpointing the underlying motivations for “these gigantic, moving billboards” (“IT WAS LOVE AND OBSESSION”) or situating his own fortuitous ascendancy in the 1960s avant-garde: “You’d develop them [8mm films] cheap at the local camera store and in five or 10 years the emulsion would crack and chip in time for the 1960s, avant-garde film explosion. No need to bake your footage in an oven like so many artists were doing: your home movies had already deteriorated into art.” Not that Kuchar wasn’t grateful: An early letter to Donna Kerness evinces little enthusiasm for his work as a commercial artist but adapts a more familiar exuberance when describing his latest 8mm production about a brawling ménage-a-trois.

The final 50 pages of the Reader are dedicated to a poignant last testament stitched together from the “endless emails of unexpurgated excess” Kuchar sent Kerness in 2010-2011. Even in his teenage letters to Kerness, it’s clear that Kuchar felt unusually at ease writing to the star of his Corruption of the Damned (1965). Describing an earlier melodrama, he writes with unusual candor how “I was very inspired by Arlene and her kin. They are very mixed up and sometimes they are damaging their lives but I like them anyway probably because I’m just like them.” Fifty years later, sick with love and cancer, Kuchar treats Kerness more as a confessor than a confidante. “Anxious to reveal secrets I usually kept under wraps,” Kuchar doesn’t spare any detail in describing his yearning for a long-time “midnight caller” named Larry: “Instead of realizing that he’s just what you call a sex buddy, I turn the whole thing into a live or die, Victorian romance.”

Even in his hour of darkness, Kuchar couldn’t help but seeing his own trials as material for a grand melodrama. “Being the egotistical movie director that I am, I want the motion picture of my life to be an X rated, inspirational saga of the nerdy Bronx kid who walked the red carpets of Hollywood while flirting with the red light districts of Sin City.” In a more reflective mood he writes to Kerness, “Expressing all this in certain chosen words and constructed sentences made the mental and medical troubles take a back seat to creative engineering: an arrangement of letters and punctuations to coalesce the chaos that contaminated my cranium.”

Kuchar writes of depressive anxiety, rampant insecurity, sexual hang-ups, and plenty of confusion in the face of “getting old and dreaming young” — but not a word of boredom. “Since I’m an actor anyway, I see the personal issues I penned (or typed) as emotional motivations in an ongoing (for a time anyway) B-movie.” B-movies aren’t really a wellspring of inspiration; that was all George. A final photograph shows him standing in front of a Denny’s, eyes on the skies like always. 2

 

OFF THE SCREEN: MOVING PICTURES AND WRITTEN WORDS: CELEBRATING THE GEORGE KUCHAR READER

Oct. 15, 7pm, free

Exploratorium

Pier 15, SF

www.exploratorium.edu

A CRIMINAL ACCOUNT OF PLEASURE: THE GEORGE KUCHAR READER

Oct. 18, 7:30pm, $8-10

Yerba Buena Center for the Arts

701 Mission, SF

www.ybca.org

Festival-sized doses of art, food, and technology at Portland’s TBA fest

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As the Portland Institute of Contemporary Art (PICA) presented the 12th iteration of the Time-Based Art Festival September 11-21, two newer festivals (Feast Portland and XOXO) also peppered the Rose City with foodie events and tech talk galore.

TBA, under the artistic direction of Angela Mattox, formerly the performing arts curator at San Francisco’s Yerba Buena Center for the Arts, emphasized music and vocal experiments in this year’s program. The international festival is distinct in its presenting platform and density of experimental performance, making it well worth the hour flight to Oregon from San Francisco.

The rather utopian format of a 10-day art binge features rigorous lunchtime conversations about artist processes and concepts, a stacked lineup of daily performances, visual art, and film at venues across the city, and a beer garden for late-night gatherings and conversation, serving as a hub for artists and attendees to mix and digest the work. Additionally compatible with certain Bay Area sensibilities are the possibilities of experiencing the festival by bike and sampling the city’s somewhat precious cuisine, coffee and beer. (Of course, Portland loves to start happy hour at 3pm.)

There’s a choreography to the festival, allowing a sequence of works to rub against each other. After an initial weekend featuring music, sound, and body-based performance, Sept. 15 brought the first text-based work of the festival via a one-woman show. The week moved into personal and self-reflexive modes of storytelling and rounded out with productions of experimental theater tackling rather epic themes such as human evolution and post-traumatic societies.

“We are here for such a short time. We are not supposed to be struggling in our flesh,” Tanya Tagaq commented during her artist conversation. She discussed the release of control as a healing process and her performance was the walk to her talk. Tagaq, who last appeared in San Francisco with the Kronos Quartet in 2012, expanded the Inuit art of throat singing during a highly improvised performance in concert with Robert Flaherty’s seminal silent film Nanook of the North (1922). Tagaq, with violinist Jesse Zubot and drummer Jean Martin, appeared barefoot, frequently assuming a wide stance as she projected her forcefully rhythmic and breathy vocals. Her fully embodied song responded to the vintage footage of an Inuk family projected behind the musicians. The semi-documentary illuminates the harmony and struggle of living off the Arctic land with images of seal hunting, igloo building and child rearing.

Maya Beiser was among the abundant female artists in this year’s festival lineup. A founding member of the Bang on a Can All-Stars, Beiser performed Uncovered: electric cello arrangements of cover tunes including Nirvana, Led Zeppelin, Jimi Hendrix, and Janis Joplin. Like Tagaq, the glamourous Beiser employed the moving image, playing downstage of a film by Bill Morrison. 

These highly visual music performances bookended a sold-out performance by Tim Hecker, a Canadian noise artist who performed in a darkened house, his arms on the soundboard barely visible. (Gray Area Art and Technology presented Hecker’s San Francisco debut in July.) The darkness amplified visceral and sonic elements of his drones and melodies, a sound bath which rattled the shirt on my body. Hecker’s immersive stasis and wall of sound provided a deviant TBA moment. Resonance over meaning. I wanted to be closer and standing.

The life stories of seniors, both speculative and real, were also featured. Mammalian Diving Reflex’s All the Sex I’ve Ever Had illuminated decades of true stories about intimacy, old age and life milestones revealed by a handful of willing Portland seniors. Cynthia Hopkins’s A Living Documentary took the form of a solo musical in which Hopkins played an elderly experimental performing artist reflecting on her lifetime creating art in a capitalist society. 

“It’s called show business, not show vacation!” Hopkins wailed. Her narrative about labor, resource, and occupation situated artists at the center of the festival, providing the lens of an elderly maker. She was a hobo. Ingredients of the lifestyle included vodka, birth control, and antidepressants. Hopkins brilliantly employed the palatable storytelling devices of the musical — an underdog who moved through adversity — to tell a depressing story audiences may not want to hear. Hopkins’s character mused about her “impulse to do something not about survival” but rather purpose, meaning and identity.

Costume and makeup changes occurred seamlessly onstage. She shined as a rousing motivational consultant telling artists to grow some “spiritual testicles” as they navigate their business. In the end Hopkins walked away from her art, however there are no clean breaks from trajectories lived for decades. 

The Works served as the site of Jennifer West’s PICA-commissioned Flashlight Filmstrip Projections installation. During the performances, which activated the work, a team of artists carrying flashlights illuminated the suspended filmstrips to Jesse Mejia’s live synthesizer soundscape. The flowing white dress worn by Connie Moore performing Loie Fuller’s Serpentine Dance in the center of the space served as an additional projection surface. A deep sense of ritual and archive emerged with the cinematic fragments and live re-performance of a historic choreographic work.

Also at the Works, San Francisco artist Larry/Laura Arrington instigated an iteration of SQUART! (Spontaneous Queer Art), which challenged community participants to rapidly create a work performed the same evening. Bay Area artists including Jesse Hewit, Jess Curtis and Rachael Dichter were among the participants. The routines, which included a jump rope, a small dog and plenty of other tasks and antics, were evaluated live by a team of judges from the art world.

Returning to my bike from Pepper Pepper’s glitterfied Critical Mascara “A Post-Realness Drag Ball” at the Works, I passed another warehouse, the Redd, with similar outdoor food vendors, twinkly lights, and a beer garden atmosphere. This hub belonged to the XOXO Festival. Now in its third year, the conference (Sept 11-14), founded by Andy Baio and Andy McMillan, bills itself as “An experimental festival celebrating independently-produced art and technology”.

Further up the street at Holocene I encountered XOXO attendees gathered for evening music programming. They flashed their orange badges to listen to a lineup of bands including Yacht, John Roderick and Sean Nelson, Nerf Herder, Vektroid, and DJ Magic Beans. XOXO is a closed affair, selling out tickets months prior. According to the Verge, “The number of people who experience XOXO in person is small: the festival is limited to 1,000 attendees, including 750 with all-access passes, and 250 who attend nighttime events but not the talks during the day.”

It was clear after speaking to several delegates at Holocene that few were aware they were blocks away from the dense batch of experimental artists at TBA. I can imagine these guys (and yes most of them were guys) enjoying sound artists like Tim Hecker presented by PICA this year. If XOXO is truly interested in cross field collaborations and self-identifies as an art and technology conference, I hope they consider how to work in conjunction with some of the risk-taking artists with wild imaginations at the simultaneous art festival, TBA, which has been running four times as long in Portland with an international reach.

Trendy food items like pork and the Negroni had moments in the spotlight at a third September festival, Feast Portland, presented by Bon Appetit Sept. 17-20. Founded in 2012 by Mike Thelin and Carrie Welch, Feast Portland highlights local culinary leaders and the bounty of the Pacific Northwest along with top chefs from across the country. And may your conscience be clear while you are possibly pigging out on pig – net proceeds of Feast go toward ending childhood hunger through Partners for a Hunger-Free Oregon and Share Our Strength.

Talent came from as far as Dallas and Atlanta to compete among 14 top chefs facing the challenge of the Widmer Brothers Sandwich Invitational at downtown Portland’s Director Park. Before the lines got long, I visited local favorites including Lardo’s Rick Gencarelli and Salt & Straw’s Tyler Malek (who was making a PB and J with brioche, jelly, and peanut butter ice cream). With three festivals providing such a dense convergence of art, food and technology, one thing’s for sure: September in Portland was made for San Franciscans.

For another take on the 2014 TBA Festival, check out Robert Avila’s piece here.

Pedaling and feasting

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FEAST: COAST BY BIKE I spent my vacations on my bicycle this summer, pedaling from southern Oregon to San Luis Obispo and looping through the Santa Cruz Mountains on three separate bike tours, covering almost 1,000 miles over three weeks, fully loaded with camping and other gear.

It was as healthy, athletic, and adventurous as it sounds — but it also involved some serious feasting along the way. We were often ravenously hungry when we would stop for meals, eager to splurge on whatever struck our fancy on the menus, or just feel an almost irrational appreciation for simple snacks.

After all, we had earned it. And with hiker-biker campsites costing just $5 per night, we could spend our vacation money on good food and drink to fill our internal fuel tanks and feed our taste for decadent delights.

There’s a certain ethos to eating on a bike tour, as I learned from my friend Jason Henderson (the SF State geography professor who writes the Guardian’s Street Fight column) and other veteran bike tourers along the way. Some young cyclists on long trips go for austerity, eating simple meals out of cans or jars to keep their costs down, but we were going for maximum enjoyment.

We cooked about half our meals, mapping out the last place to shop for fresh food before our camping destination for the night. That sometimes meant schlepping heavy groceries — fruits and vegetables, pasta and sauce, rice and beans, beer and wine — up to 10 miles.

We didn’t always use perfect judgment, such as on the long day’s ride from Humboldt Redwoods State Park to the Standish-Hickey State Recreation Area, an otherwise remote site along the Redwood Highway that nonetheless had an awesome restaurant and store, The Peg House, right outside the campground entrance.

In the mornings before breaking camp and hitting the road, usually by 8am, we made coffee and top-quality oatmeal mixed with fresh berries (occasionally picked ourselves from the roadside), brown sugar, and walnuts. This was known as the “first breakfast.”

Two or three hours into the ride, depending on the route, we would stop at some random restaurant for the second breakfast, and it was always such a treat, anything from surprisingly awesome fried chicken from a little market to the best Hangtown Fry (mmm, oysters and eggs!) I’ve ever had.

Later, we’d stop for lunch, usually famished by then, a meal that sometimes included a beer or two if we were close to our destination for the night. Occasionally, there would be a second lunch, and on a few rare occasions when there was a restaurant at the campground, a big, fat dinner feast.

That element of randomness on a slow road trip, when hunger or whims pulled us into some funky little roadside restaurant or store along California’s epic coastline, was one of the great and unexpected joys of my summer bike tours. And while there were many awesome spots we hit along the way, here’s a representative sampling, north-to-south, of a dozen meals that lingered with me:

Fried chicken at Fort Dick Market, Fort Dick
Riding from Harris Beach, Ore. toward Crescent City, that mid-morning hunger pulled us into a little roadside market, and the smell of fried chicken propelled us from there. Fried chicken, mashed potatoes, and coleslaw for a second breakfast? Por que no? Well worth it.

Hangtown Fry at Seascape Restaurant, Trinidad
We rolled through beautiful Trinidad on one of our shortest ride days, under 30 miles, so we didn’t mind lingering down by the harbor during a long wait for a table at Seascape Restaurant. And when I put that first bite of my Hangtown Fry in my mouth, the oysters’ vital juice mixing with the cheesy eggs, I believed I reach culinary nirvana.

Sushi room service at Hotel Arcata
My riding partners had traveled all the way from Portland, so they needed a Laundromat and a night in a bed by the time we reached Arcata. The quaint and historic Hotel Arcata was great spot right on the town square, and better yet, it offered room service from Tomo Japanese Restaurant. Fat specialty sushi rolls were a decadent treat after a long ride while my friends washed their skivvies.

BBQ Oysters at The Peg House
Oh, how I wished we had known about this place before we arrived at Standish-Hickey State Park near Leggett. The store was filled with gourmet goodies and a great beer and wine selection, and the adjacent restaurant had a huge outdoor patio, a stage for live music on weekends, and a wonderfully full menu, including some of the most amazing BBQ oysters I’ve ever had, bathed in some secret sauce that I wanted to drink from a pint glass. So that night, I had two dinners.

Ribs at Bones Roadhouse in Gualala
Entering the lovely coastal town of Gualala, past the large dinosaur-shaped topiary on the edge of town, I was immediately charmed. And starving after arriving in our destination town well ahead of my traveling companions. So I hit Bones Roadhouse, a groovy spot with an ocean view and autographed dollar bills covering the walls and ceiling, and ordered a huge plate of smoked pork ribs and two local IPAs on tap. Ah, life is good.

Burger and beers at Pescadero Country Store
After a long day’s ride from San Francisco on Labor Day weekend, with only a few more miles until our Butano State Park campsite under the redwoods, this place not only had awesome gourmet burgers and two fine IPAs on tap, it also had a great little jam band playing on the sunny patio.

Pulled pork sandwich at Big Basin Store
Big Basin Redwoods State Park is a beautiful, popular spot that doesn’t seem to have a restaurant, only a little camp store. Ah, but it has recently added a little restaurant in the back, something visitors would hardly notice. And even though the menu is small, it did have some super yummy pulled pork panini sandwiches that hit the spot after a dusty ride on a dirt trail from Butano.

Coffee and Mocha at Surf City Coffee, Moss Landing
Sometime, between our first and second breakfasts, we’d stop for coffee drinks, which I’d drink as I rode from a Contigo cup that fit perfectly in one of my water bottle holders. At this cute and colorful little spot, I got one of the best mochas of the trip and picked up a bag of fresh ground coffee to go with our first breakfasts.

Whole cracked crab at Liberty Fish, Monterey
It was a big ride from Sunset State Beach all the way to Big Sur, more than 70 miles, with Fisherman’s Wharf in Monterey the lunch spot at the halfway point. To mark the spot and fuel up for a big afternoon ride, I devoured a whole cracked Dungeness crab and cup of clam chowder. Then I was good to go.

Steak at Big Sur Lodge
Halfway through our first tour from SF to SLO, we decided to spend two nights under the redwoods at beautiful Pfeiffer Big Sur State Park, which also had a fancy restaurant, Big Sur Lodge, right at the campground. We did some serious feasting both nights, short ribs the first night and a thick, perfectly cooked steak the second. Totally decadent, totally worth it.

Smoked albacore tacos at Ruddell’s Smokehouse, Cayucos
This tiny spot by the beach doesn’t look like much, offering mostly just smoked meat and fish tacos and sandwiches, but that’s all you need. It was so good that we even bought a pound of smoked albacore to go.

Lamb burritos at The Wild Donkey Cafe, San Luis Obispo
Offering the uniquely compelling combination of “Greek and Mexican Cuisine” (as well as a table that allowed us to keep an eye on our loaded bikes, which sometimes influenced our restaurant choices), this was a great little spot with an interesting menu, friendly service, and yummy grilled lamb burritos.

SEIU Local 1021 backs motorist measure and a Republican. WTF?!?!

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Service Employees International Union Local 1021 — which has long played an important role in San Francisco’s progressive movement, providing the money and member turnout to achieve some important victories for the left — finds itself at odds with many progressive activists in this election, particularly on the issue of transportation.

As we previously reported, the union has been aggressively campaigning for BART Board member James Fang’s reelection this year, even though Fang is the city’s only elected Republican and not particularly progressive on transit and other issues. But he was the only BART board member to walk the picket line with the workers during last year’s disastrous strikes, so it’s understandable why the union would stand with him now.

What’s less understandable is why Local 1021 has endorsed the Yes of Prop. L campaign, which seeks to undermine San Francisco’s transit-first policies and transfer money from Muni operations to subsidize more free public parking for automobiles, joining such unlikely allies as the San Francisco Republican Party, the SF Association of Realtors, and the SF Chamber of Commerce.

So we asked Local 1021 Political Chair Alysabeth Alexander about the endorsement, and she told us: “One of our member leaders is a proponent and the argument that driving is hell in San Francisco resonated with a portion of our membership that drives and for whom public transportation is not an option either because of service cuts and route changes, because their job requires car use, or because they work shifts that don’t work for public transportation or biking. Because of rising housing prices many working people have been pushed out of SF over the years, and many of our workers shifts end or start when BART or Muni isn’t working or isn’t practical. Our union is 100 percent supportive of public transportation and addressing the climate crisis head-on.  We are fighting for the expansion of public transportation and for adequate funding, and sufficient staffing so that it can be maintained.”

The “member leader” she referred to was apparently Claire Zvanski, a longtime past president of the District 11 Democratic Club. But even that club couldn’t bring itself to endorse this myopic primal scream of a ballot measure, taking no position and writing, “This is a policy statement to inform the MTA that cars and those who love them are not getting enough attention in the transit planning process. This measure received a No Recommendation as an alternative to an Oppose from the eboard, mostly out of respect for our venerable past-president Claire Zvanski. The members also voted No Recommendation.”

Most progressive and transportation-related groups are opposing Prop. L, which its opponents say will actually make things worse for motorists in the city by undermining current efforts to make Muni more attractive and encourage people to use alternatives to the automobile.

“If we don’t reduce the congestion on the streets, that makes it harder for the people who really do have to drive,” No on L campaign manager Peter Lauterborn told us, responding to Alexander’s argument that the measure somehow helps working people and noting that Local 1021 never allowed the No on L campaign to make its case before endorsing the measure [UPDATE/CLARIFICATION: Alexander said the San Francisco Bicycle Coalition “did present a No on L position]. He also said the measure may have visceral appeal to frustrated drivers, but it doesn’t really make sense.

“Taking away money from the transportation system to build parking garages doesn’t help anyone,” Lauterborn said. “The Labor Council endorsed No on L and the reality is working class people use Muni at a far higher percentage than those citywide….Being pro-transit is inconsistent with supporting a ballot measure that would defund Muni.”

Meanwhile, in an allegedly unrelated matter, Local 1021 Political Director Chris Daly — who was a local leader of the progressive movement while serving the Board of Supervisors 2000-2010 — on Friday resigned from the union, where the Guardian has long been aware that he was having internal power struggles over the last year.

Daly tells us that his departure wasn’t based on political or philosophical differences with SEIU, that he’s proud of the work that he and his colleagues have done on wage equity and beating back anti-worker threats, and that it just seemed like the right time to leave, although he’s not sure what he’ll do next.

“I’m sorry to go,” he told us, “but it was time to go.”

Flooding the streets

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news@sfbg.com

In New York City’s Times Square on a muggy, gray Sunday afternoon at the historic People’s Climate March, everything went silent for a minute as a massive crowd, led by indigenous people from around the world, raised fists in the air to support communities suffering the harshest effects of climate change.

In this canyon of glittering commerce, surrounded by corporate icons such as Chase Bank, Bank of America, Gap, McDonald’s, and Dow Jones, the silent coalition then burst into a thunderous crescendo meant to symbolize action and demand climate justice.

On Sept. 21, a veritable ocean of humanity, estimated at up to half a million people — a diverse global tapestry hailing from South Bronx to South Dakota, Kenya to the Philippines — flooded Manhattan’s streets with calls for climate change action two days before a major United Nations Climate Summit that few expected to produce much, if any, change. The next day [Mon/22], a more confrontational “Flood Wall Street” civil disobedience action drew thousands.

The New York march, part of a worldwide day of action spanning more than 2,700 rallies in 159 countries, represented the largest, loudest sign yet that the world is waking up en masse to the climate crisis. Stretching for miles through Manhattan’s mid-section, wave after wave of contingents illustrated the crisis’ universal effects and broadening response: Indigenous people’s groups from around the world, labor unions, faith and LGBTQ groups, low-income communities of color. More than 1,400 organizations endorsed the march.

The People’s Climate March also reflected the urgency and rising response from communities of color and indigenous people who bear the brunt of climate disasters. As many attested, these climate-hammered communities are bringing economic and ecological justice issues to the forefront of a movement often criticized for being predominantly white.

“I’m here because I have a chronically asthmatic daughter,” said Tanya Fields, a 34-year-old mother of five and executive director of the Bronx-based Black Project. In poor waterfront communities from New York’s Far Rockaway and the Bronx, to New Orleans, “communities are not being prepared for the inevitable repercussions” of climate change, Fields said. “When you look at the intersection of climate change and capitalism, those who are have-nots clearly are much more vulnerable. When we talk about creating a more resilient world, we’re also talking about protecting the most marginalized.”

Iya’falolah Omobola, marching with a Mississippi environmental justice group called Cooperation Jackson, said her community has been hit hard by a confluence of climate change, poverty, and health struggles.

“We have a lot of issues directly related to climate, but also to the fact that there are no jobs, there’s no public transportation to get people to jobs,” she said. “There has to be a community-led solution as opposed to the system that keeps compounding the problem.”

Behind a banner stating, “Climate affects us the most,” 300 or so marched from the Brooklyn-based El Puente Leadership for Peace and Justice, including many youth.

“Many of our young people are from the Dominican Republic and Puerto Rico. We know what’s happening to our people there in terms of climate change, so we’re coming together,” said El Puente Executive Director Frances Lucerna. “The connection between what happened here when Hurricane Sandy hit and what’s happening in our islands, in terms of beach erosion and extinction of species, is devastating.”

Marchers from Africa, Latin America, South Asia, and beyond highlighted the underlying “first world” causes behind the climate crisis. Marifel Macalanda, of the Asian Pacific Indigenous Youth Network in the Philippines, said she was in New York “in solidarity with indigenous peoples worldwide,” urging corporations to “stop plundering our resources. They are the primary reasons we are having this climate crisis right now.”

Meima Mpoke, who traveled from Kenya along with 20 of his compatriots, added, “We are here to say to the industrialized world, you are the cause of this.” The UN Summit, Mpoke said, “should produce some action, particularly to show who is causing the climate change.”

Marching with a large Bronx contingent of Percent for Green, Alicia Grullon emphasized similar struggles in poor US communities. The South Bronx is “a dumping ground” for New York’s toxins, and “the asthma capital of the country,” she said. The UN summit presented “an unusual gift for policymakers to do something new … and we’re afraid they’re not going to do that and we’re here to remind them of that great opportunity they have.” However, she added, the Summit gave corporations a big seat at the table: “That’s not representing needs of the people.”

Mychal Johnson, co-founder of South Bronx Unite, was one of just 38 civil society representatives invited to attend the UN Summit. “I won’t have a speaking role,” he said, but “our presence hopefully will speak volumes.” The gulf between the massive public march and the closed-doors UN summit was “a grave contrast,” Johnson said. “A great deal of corporations have been invited, but for so long, the voices of the many have not been heard. We know what corporations are doing to cause harm to the planet, and hopefully this [march] will show people coming together all over world to make sure that legally binding agreements come out of these climate talks.”

 

DIM HOPES FOR UN SUMMIT

Billing itself as “catalyzing action,” Tuesday’s UN Climate Summit issued bold pronouncements ahead of its proceedings — but social justice groups from around the world were not buying it.

“The Climate Summit will be about action and solutions that are focused on accelerating progress in areas that can significantly contribute to reducing emissions and strengthening resilience,” the Summit website promoted. “Eradicating poverty and restructuring the global economy to hold global temperature rise below 2 degrees Celsius are goals that — acted on together — can provide prosperity and security for this and future generations.”

But critics blasted the UN climate agenda for emphasizing voluntary reforms and “partnerships” with businesses and industries that are fundamentally part of the problem. One week before the People’s Climate March, global social movements including La Via Campesina, Grassroots Global Justice Alliance, and Indigenous Environmental Network — representing a total of more than 200 million people — issued a statement decrying the “corporate takeover of the UN and the climate negotiations process,” Common Dreams reported.

“The Summit has been surrounded by a lot of fanfare but proposes voluntary pledges for emissions cuts, market-based and destructive public-private partnership initiatives such as REDD+, Climate-Smart Agriculture and the Sustainable Energy for All Initiative,” according to the statement. “These are all false solutions of the green economy that seeks to further commodify life and nature and further capitalist profit.”

 

BIGGER TENT, SMALLER MESSAGE?

Despite concerns about the Summit, the People’s Climate March drew criticism from some activists for not making any demands, and for spending big on public relations while opting for a nonconfrontational “big tent” that some said diluted the movement’s message and impact.

A “Flood Wall Street” direct action Monday drew thousands for civil disobedience, issuing a strong message: “Stop Capitalism. End the Climate Crisis. Flood, blockade, sit-in, and shut down the institutions that are profiting from the climate crisis,” the event’s website urged. “After the People’s Climate March, wearing blue, we will bring the crisis to its cause with a mass sit-in at the heart of capital.”

Flood Wall Street’s more confrontational approach and its naming of capital illustrates unresolved differences about where the movement should focus its energy: Will it work for market reforms, such as 350.org’s popular fossil fuels divestment campaign, or press for larger systemic change? As it erects a big political tent drawing broad mainstream support, will the climate movement be able or willing to push bold demands that may confront capital and corporate power?

In a widely read critique for Counterpunch, writer Arun Gupta argued that the focus on drawing a big crowd came at the expense of a sharper message and impact. “[W]hen the overriding demand is for numbers, which is about visuals, which is about PR and marketing, everything becomes lowest common denominator. The lack of politics is a political decision.”

In an e-mail comment, Bobby Wengronowitz, who helped organize for the Flood Wall Street actions, said he supported the big march, but added, “We need to match the scale of the crisis. We need to get the US and other rich countries on a 10 percent emissions reductions per year plan. That requires white privileged folks to do what indigenous people have been doing for 500 years — to put their bodies on the line … I’m all for big tent, but this march, even if the final tally is 500K does NOT do it.”

A three-day Climate Convergence, featuring talks, films, and teach-ins, offered protesters a dose of critical thinking, urging, “Demand an end to fossil fuels, mobilize for system change, living wage jobs now!” At an event on climate change and the public sector, a panel of organizers and authors raised questions about the focus on market-driven approaches, discussing the potential for addressing climate change through a revitalized public sector.

 

NEW COALITIONS AND HOPE

On the day of the big march, the sheer immensity of the gathering and the expressions of hope were palpable.

“Today I marched peacefully alongside humans of all class and race, of all gender and sexuality, among anarchist, indigenous, labor unions, different political parties and so many more,” said Patrick Collins, who rode the People’s Climate Train from San Francisco. “[S]eeing the over 1,000 different groups come together in the march who all have different ideologies but are willing to look past differences and agree on common ground does give me some sort of hope.”

Many marchers also expressed hope for new coalitions to pack a potent punch in the fight for climate justice. Labor unions were out in force — teachers, nurses, janitors, food workers, and farmworkers — marching for economic justice, green jobs, and more.

Erin Carrera, a registered nurse and member of National Nurses United, said it was “a monumental moment to be here today with all these labor organizations, because labor and environmentalists have not always been on same page—but I think everyone’s coming to realize that there are no jobs on a dead planet.” Organized labor, Carrera said, “needs skin in the game, because it’s the working class that’s going to be most vulnerable … today gives me so much hope that we have turned a corner in people waking up and working together.”

 

 

 

Aboard the People’s Climate Train

As our cross-country People’s Climate Train passed through Azure, Colo., above a stunning crimson and white rock gorge under a deep-blue sky, James Blakely delivered a presentation on the ecological crisis in the Alberta Tar Sands. Blakely, an activist with 350.org in Idaho, described toxic tailing ponds filled with mining refuse, polluted waterways, dust clouds, and buffalo die-offs. Aboard the train, one of two ferrying hundreds from California to New York’s mass mobilization, our group — ranging in age from 19 to 68 — alternated between snapping photos of the awe-inspiring beauty outside, to probing conversations about rescuing our imperiled planet. Through the Amtrak window, California’s drought-withered cornfields stood wilted and barren, skeleton-like. In the Sierras, forest fires blurred the horizon with smoky haze. Late at night in the Nevada desert, huge factories and refineries churned away. Coal trains traversed the land, spewing fossil fuels. There were reminders of beauty, too. At about 5am, my sleepless eyes took in an ethereal pre-dawn scene. Gnarled sandstone rock formations rose near the tracks in Utah like moon faces; followed by a salmon-hued sunrise splashing across mesas tufted with sage and juniper. Liz Lamar, an activist with the Sierra Club and the Climate Reality Project in Oxnard said the cross-country passage made her “even more passionate about going on the march, by passing through such beautiful scenery.” The People’s Climate Train provided an apt backdrop for workshops and conversations about the causes and victims of climate crisis, and the prodigious challenges ahead. Sonny Lawrence Alea, a recent environmental studies graduate from San Francisco State University, said the ride offered “a great reminder of what we’re going to New York for. This land is full of opportunities, and we get to connect with the environment, take in the beauty, and reflect on the history of the land.” (Christopher D. Cook)

Golden Gate unions to strike this week, stall commutes

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The Golden Gate Bridge Labor coalition announced it will strike this week, impacting commutes via bridge or ferries, and perhaps both.

Thirteen unions in the Golden Gate Highway and Transportation District are members of the coalition, whose talks with the district stalled today, representatives told us.

It is still unclear which unions in the coalition will strike, but commutes will definitely be affected, Alex Tonisson, co-chair of the Golden Gate Bridge Labor Coalition said.

“There’ll be an announcement in a day or two,” he told us. As to which unions specifically would strike, “I can’t say exactly who it will be right now, to be honest.”

“None of us wants to be on strike,” said Michelle Shalagin, currently a member of LiUNA!, Local 261 (Laborers) working on landscaping, in a press statement. “But what choice do we have? The District has not moved, and the raises they are offering are completely wiped out by the high cost of the healthcare premiums they are proposing.”

The district and the coalition are deadlocked over healthcare proposals. As we reported last week, the unions maintain that the cost of living in the Bay Area has skyrocketed. Housing prices are up, gas prices are up, everything is up. Though the district’s offer includes a 3 percent wage increase next year, and further increases in subsequent years, the new health care plan would cost 2 percent of workers’ wages, largely nullifying any increases.

The district posted a full response to arguments against their healthcare offer at its blog. The district argues the workers are paid higher than their counterparts in other districts. The unions say the other districts don’t have to contend with local cost of living burdens, warnings which representatives said are largely falling on deaf ears. 

“The last strike was purposefully giving [the district] a warning another strike would happen,” Tonisson said. He was referring to last week’s iron workers strike, which garnered a bit of media attention, but for the most part did not move the needle on their contract negotiations. The two parties are still stalled on healthcare talks, despite the first “warning shot” picket line.

“This was their reaction,” Tonisson said. “The sense I had is they want us to strike.”

The impact of a strike depends on which of the 13 unions participate. Toll taking is now automated on the Golden Gate, but the unions still have options to affect commuters and garner attention. Workers changing the lanes on the bridge could snarl traffic during commutes, Golden Gate Transit drivers could strand bus-goers, and ferry workers could strand folks by the water.

“Imagine the backup on Lombard or Van Ness,” Tonisson said, referring to lane changers on strike. “It wouldn’t shut the bridge down entirely but it would make a mess of things.”

The real mess, though, is the state of the workers’ health care. But who’s willing to bet the public cares more about the snarled traffic than a thriving a middle class?

Below we’ve embedded a flyer from the union coalition, demonstrating its argument about cost of living and health care.



TIFF 2014: Foreign favorites, part two (Asia and beyond)

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Jesse Hawthorne Ficks reports from the recent 2014 Toronto International Film Festival. Previous installment here!

Zhang Yimou’s Ju Dou (1990) was an unofficial remake of the American film noir The Postman Always Rings Twice (1946) — and it was also a showcase for the 25-year-old Gong Li. I’ve grown up with each of his films over the past decades, including classics To Live (1994) and The Road Home (1999). His latest, Coming Home (China), is his most gut-wrenching film yet. 

https://www.youtube.com/watch?v=0GsKijZmtlM

Zhang began his studies at the Beijing Film Academy in 1978, after the death of Mao Zedong and the end of the Cultural Revolution in 1976. He quickly blossomed into the leader of the Fifth Generation of Chinese filmmakers, and has gone through his fair share of controversy with the Chinese government and later with audiences who felt his films had lost their contrarian political stances. His latest heartbreaker is set during the Cultural Revolution, as it follows a university professor who is sent to labor camps, leaving his own wife and daughter to fend for themselves along with the negative status of being an “intellectual.” 

Zhang was in attendance for the Coming Home screening, and spoke at length about how China’s youth have never heard any of this history and how this film is not just one family’s struggle, but represents stories of millions of people that are being forgotten. Gong’s remarkable turn as a traumatized peasant ranks as one the year’s best performances and shame on the Oscars (in advance) for not recognizing her (yet again). As an aside: this is Zhang’s 18th feature and eighth time working with Gong; someone really needs to be putting together a complete retrospective. Qigang Chen’s Coming Home soundtrack is still haunting me weeks after the screening. This film is more proof that sentimentality should not be considered a dirty word in cinema. In fact, those that fight nostalgic tendencies are often the ones that have the most to hide.

Hong Sang-soo’s Hill of Freedom (South Korea) is yet another mini-masterpiece from the filmmaker, and another hilarious take on awkward, drunken relationships between 40-somethings. Hong upends linear storytelling, as usual, and showcases the legendary Korean actress Moon So-ri. (Her most recent Hong film was 2012’s In Another Country, with Isabelle Huppert.) With a running time at only 66 minutes, Hill of Freedom makes for the perfect appetizer on any film festival night.

In Myroslav Slaboshpytskiy’s The Tribe (Ukraine), an all deaf-mute cast leads the way to one of the most explosive films of the year, and it does so without a single line of dialogue or subtitling. This otherworldly experience forces audiences to pay attention to every action that these excluded teenagers make. While it ruthlessly emphasizes the violent, transgressive, and explicitly sexual nature of the teens, there is an intense structuralist method being utilized here that multiple viewings will be necessary to further pinpoint. 

Belarusian filmmaker Sergei Loznitsa’s feature debut was the remarkable narrative My Joy (2010), which consisted of (according to the filmmaker) “140 cuts in the whole film.” With his third film, Maidan (Ukraine), he has created a jaw-dropping observational documentary of the Ukrainian people’s uprising in Kiev from December 2013 to February 2014. It is comprised of a series of fixed long shots that will be burned into your skull for the rest of your life, though your patience may be tested during the film’s 133 relentless minutes. 

Each sequence slowly gathers hundreds of faces, historically patriotic songs, and ultimately a unified people before, during, and after the government’s terrifying late night attacks. The film is not just a testament to the present-day political moment, but is a study in uncompromising cinema. This film has to be seen on a large screen. And if any local film festival to you is brave enough to program it, attend it all costs. Warning: A few audience members I spoke to were furious with the film for not “getting to know” any of the film’s inhabitants up close and personal.

Eugène Green is an American-born, naturalized French filmmaker that I had never heard of until his showstopper La Sapienza (France/Italy) screened on my final day at TIFF. With a plot that must be an homage to Roberto Rossellini’s Journey to Italy (1954), this eloquent exploration of a lifeless marriage caught me by surprise with its direct approach to the couple’s interactions. It follows Robert Bresson’s philosophy of removing cinema’s “masks,” and I found myself incredibly moved as a middle-aged man shared his genuine love for 17th century architect Francesco Borromini. Kino Lorber has acquired the film for a US release later this year — and with it, hopefully a larger audience for Green.

 

This was the first year that TIFF put together an international shorts program (“Short Cuts”), and art-house favorite Claire Denis led the pack with Voilà l’enchantement (France), a 30-minute tale involving an interracial couple and no sets. The mesmerizing actor Alex Descas shines in this wonderfully dramatic exercise. Tsai Ming-liang also continued his short film output with Journey to the West (Taiwan/France) — part of his “Walker” series. This time, Tsai brings his hidden camera to France and places both his regular actor Lee Kang-shang and the iconic Denis Lavant in unison on the streets of Marseille. The film runs close to 60 minutes, and there is truly nothing more enjoyable than watching these two performers hypnotizing the unaware locals (as well as the moviegoers around you). Tsai’s previous announcement of retirement will hopefully be soon forgotten.

 

Reform BART’s approach to labor

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By Christina Olague

OPINION If BART is part of your daily commute, you know how critical a reliable system is to Bay Area working people. If you don’t ride BART, all you have to do it think about all the cars that the system keeps off the road every day.

That’s why everyone — most of all the BART unions and their supporters — found last year’s strike so upsetting. And now, a new report commissioned in part by BART Board member James Fang shows how unnecessary it was for management to drive workers to walk off the job.

In fact, the report says, hiring a union-busting outside negotiator was a serious mistake. Allowing that hired gun to pursue an extremist bargaining strategy was a major cause of the labor unrest.

The report, conducted by an outside consultant, involved interviews with dozens of workers, managers, and negotiators. The document is riddled with references to war: Bomb-throwing, Vietnam, a labor “massacre.” It shows how badly the executive management at BART allowed the climate for negotiations to deteriorate — and how hard it will be to repair the damage.

Here’s how one manager put it: “This strike was not productive. We never did a course correction and then there was another strike. Two people got killed. We spent millions to end up getting creamed, and engendering hate.”

The report notes how BART executive management and their notorious chief negotiator refused to take seriously the concerns workers expressed about safety.

“Key points made about safety in bargaining sessions fell on deaf ears…because management thought the unions were just posturing and the unions thought the management was refusing to engage,” it states.

Safety concerns were a central part of the negotiations from the workers’ perspective, and by dismissing those concerns as a tactic, BART’s consultant not only made an agreement more difficult but gambled with the safety of workers and riders in order get concessions from workers.

Fang, head of the BART Board’s Labor Negotiation Review Committee, is asking that the board adopt the report’s recommendations to prevent this from happening again. These recommendations include more transparency around the agency’s finances, a much earlier start to negotiations — and if needed, bringing in mediators, not outside anti-union consultants.

Once the rest of our elected BART Board of Directors became more involved, management found a reasonable solution that both sides could live with. Why didn’t that happen at the beginning of negotiations?

That’s what the BART Board needs to be asking itself. A fair post-mortem puts much of the blame on management — a general manager who had little experience in labor negotiations and a board that failed to show leadership and independence.

Fang, who is the one board member who joined workers on the picket lines, says it’s time for management to change its approach. He’s calling for a strike-prevention plan that starts with honest, fair labor relations.

We’ve heard from some politicians looking to score easy points from frustrated riders that BART strikes ought to be banned. And it’s easy to imagine frustrated commuters, stuck far from work when the trains weren’t running, feeling sympathetic.

But if workers don’t have the right to strike, they are powerless to speak out against dangerous working conditions to a recalcitrant and, in this case, misdirected management. That leads to a more dangerous system for all of us.

Recognizing this, BART Board President Joel Keller just withdrew his suggestion that strikes be banned.

The much better approach for riders like me is to follow Fang’s prevention plan: Hold management accountable for its failures and to make sure that both sides can work together better in the future.

BART is a phenomenally successful system. Ridership has doubled in recent years, to 440,000 trips a day. With trained and experienced BART workers, the system’s on-time performance has risen to 95 percent. That’s not the result of some high-paid labor negotiator — it’s the work of a dedicated and hard-working staff.

If you ride BART every day, you deserve to know that the trains will be running, that you can count on the system to get you to work on time. Between now and 2017, when the next contract will be negotiated, the BART Board needs to learn from its past mistakes and find a different, more collaborative approach. Christina Olague is a community activist and former member of the San Francisco Board of Supervisors.

Deadly gamble

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joe@sfbg.com

As BART management and unions were locked in dysfunctional contract negotiations that would result in two strikes and two deaths last year, the district and the media scoffed at workers safety concerns and waged a media campaign demonizing the unions. Now, a new report commissioned by the district calls that strategy a horrible mistake.

The report from independent investigators Agreement Dynamics Inc., “Bay Area Rapid Transit Collective Bargaining Report and Recommendations,” reveals BART management perceived the Bay Area as anti-union. This guided its decision to hire Tom Hock as a contract negotiator and adopt a union-bashing public relations strategy that was then amplified by most local mainstream media outlets.

“In interviews, Tom Hock said he believed the strike would be very short and the unions would have to come back and reach an agreement,” the report, which was based on more than 200 hours of interviews of 60 BART employees, managers, and contractors, found. “He said media reports also heavily favored the management perspective.”

The San Francisco Chronicle and the San Jose Mercury News attacked BART’s workers in their news and editorial pages, stoking the flames of anger. “As to union claims that this is all about safety — how stupid do they think the public is?” the Merc opined in a July 2013 editorial. The Chronicle struck a similar tone in its Oct. 18 editorial, blaming workers and writing “the walkout is the height of irresponsibility.”

The unions warned management not to run the trains during the second strike, but those safety warnings went unheeded. A contract deal was reached only after two men working on the tracks during the strike, Laurence Daniels and Christopher Sheppard, were accidentally run down during what was later revealed as a replacement driver training exercise — warnings be damned.

“Some in management believed they had a good media strategy that put the public on their side,” the report found. Therefore, “the public was angry with the unions for demanding too much in their contracts.”

BART approved a contract from big-time public relations firm Singer Associates in April last year. Sam Singer and his firm are well-known for pulling the strings of local journalists and using scorched-earth tactics. As a result, articles highlighted riders woes and selected employee salaries while discounting safety and other concerns raised by workers.

But BART management and its board had longstanding CAL-OSHA violations, some of which were the subject of labor negotiations leading up to the strike. Notably, BART’s now-defunct “simple approval” policy, by which workers verbally notified management they would be working on the tracks, was one that both workers and state regulators long urged the district to change. The two deaths were linked to that controversial practice, which BART has since ended (see “Tragedy follows strike,” 10/23/13).

State regulators have fined BART for that fatal misjudgment and a final report from the National Transportation Safety Board is expected in the coming months. Only The Nation, East Bay Express, and Bay Guardian covered BART safety concerns with any depth or gravity before the two workers’ deaths. It’s hard to tell who led the dance — did the mainstream media embolden management, or did management lead on the media? Either way, safety was not a priority for BART managers during negotiations.

“Key points made about safety in bargaining sessions, as reported to us, fell on deaf ears,” the report’s authors noted. “Management thought the unions were just posturing, and the unions thought management was refusing to engage.”

The unions, the report found, “voiced frustration that they have raised these issues repeatedly, and management was not responsive…The ‘simple approval’ policy was seen as indicative of management’s unwillingness to deal with safety concerns until two workers were killed during the second strike in 2013.”

BART’s next contract negotiation is set for 2017. The transit agency has much work to do to repair its lingering culture of distrust, but so-called unbiased media need to cop to their anti-union slants. It took two deaths to show how relevant safety concerns really were.

Still not sharing

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news@sfbg.com

As controversial legislation to legalize and regulate Airbnb and other short-term housing rental services operating in San Francisco headed for another contentious City Hall hearing on Sept. 15, the San Francisco Treasurer & Tax Collector’s Office quietly unveiled new policies and mechanisms for hosts to finally start paying long-overdue local taxes on their rentals.

Board of Supervisors President David Chiu’s legislation attempts to strike a balance between protecting housing for permanent city residents — including tenants in rent-controlled units who are being displaced in favor of visiting tourists — and allowing San Franciscans to sometimes rent out rooms through companies such as Airbnb. That practice has mushroomed during the Great Recession even though such short-term rentals of residential units have long been illegal in San Francisco (see “Into thin air,” 8/20/13).

Among other provisions, Chiu’s legislation would require hosts to register with the city and live in their units for at least 275 days per year (thus limiting rental nights to 90), create enforcement procedures for city agencies, and protect below-market-rate and single-room occupancy units from being used as short-term rentals.

But Airbnb has also been snubbing the city for more than two years since the Tax Collector’s Office held public hearings and concluded that short-term rental companies and their hosts are required to collect and pay the city’s Transient Occupancy Tax (aka, the hotel tax), a surcharge of about 15 percent on room rentals usually paid by visiting guests (see “Airbnb isn’t sharing,” 3/19/13).

After other media outlets finally joined the Bay Guardian in raising questions about the impact that Airbnb and other companies was having on San Francisco — and with cities New York City, Berlin, and other cities taking steps to ban short-term rentals — Airbnb announced in March that it would begin collecting and paying the TOT in San Francisco sometime this summer.

But that still hasn’t happened, even though Tax Collector Jose Cisneros recently unveiled a new website clarifying that Airbnb hosts must register as businesses and pay taxes and created a streamlined system for doing so. The office is even allowing Airbnb and other companies to register as “qualified website companies” that collect and pay these taxes on behalf of hosts.

“The law does apply to these transactions,” Cisneros told us. “And the set of requirements are the same for the hosts and the website companies.”

Airbnb didn’t respond to Guardian inquiries for this story.

Meanwhile, an unusually diverse coalition of critics continues to raise concerns about Airbnb and the regulatory legislation, including renter and landlord groups, neighborhood and affordable housing activists, labor leaders, and former members of the Board of Supervisors (including Chiu predecessor, Aaron Peskin) and Planning Commission. They penned a Sept. 15 to Chiu calling for him to delay the legislation.

“Individually and collectively, we have advanced nearly two dozen additional amendments that address the issues raised by short-term residential rentals. While we are not of one mind on every issue or every suggested amendment, we are unanimous in our belief that the process you are pursuing is rushed,” they wrote. “The City will live with the intended (and unintended) consequences of your legislation for many, many years.”

Sources in Chiu’s office had already told the Guardian that he planned to keep the legislation in committee for at least one more hearing so the myriad details can be worked out, as Chiu said at the hearing as well.

“We want to have the time to continue to vet and hear all of the perspectives, and at the end of the day what I hope to do is to be able to move forward and build incentives around something that is far better than our current status quo,” Chiu said at the hearing. “This is a very complicated issue, and we all know that we need to get this policy as right as we can.”

Planning Director John Rahaim conveyed concerns from the Planning Commission that the legislation beef up the city’s ability to regulate short-term rentals.

“The commission does believe that the law should be updated to create a legal avenue for those who do want to host,” Rahaim said. “However, currently there are about 5,000 units in the city engaging in short-term rentals. It’s very difficult to know if there are units not being lived in by a full-time resident.”

A long line of speakers wound completely around the packed chamber in City Hall, awaiting their turn to speak publicly to supervisors and city residents, from 20-somethings making a lives renting out their homes to longtime tenants fearing that home-sharing will hurt city’s character.

Airbnb was represented at the hearing by David Owen, a former City Hall staffer who is now director of public policy for the company, and he was publicly confronted by Chiu on the tax issue. Chiu criticized Airbnb for failing to start collecting those taxes as promised.

“As of now, we are extremely close and you will be hearing from us about that in the near future,” Owen said, provoking audible disbelief from many in the crowd. “We have been working diligently alongside the city. This is a complicated set of issues and those involved have all worked in earnest to facilitate this request.”

When Owen was asked about enforcement of the maximum number of nights a tenant has rented out his unit, he said Airbnb’s cooperation is “akin to the city asking Home Depot.com for a list of home care purchases to see if anyone had illegally renovated their bathroom.” But city officials say they need the company’s cooperation to address its impacts. “We don’t want data, just the number of nights per permanent resident so that we can ensure that the bad outcomes of this setup aren’t occurring,” Sup. Jane Kim said. “Airbnb profits from this industry, and therefore [is] accountable to the city.”

Golden Gate Bridge strikes won’t effect commuters…yet

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Golden Gate Bridge iron workers are on strike today [Tues/16], protesting retiree healthcare issues their union says were not addressed in 2012. Commuters will not be affected during the strike, however. Machinists Local 1414 made that choice consciously, its representative told us. 

The machinists purposefully made a decision to not impact services,” said Alex Tonisson, co-chair of the Golden Gate Bridge Labor Coalition. The coalition is comprised of the 13 various unions that work on the Golden Gate Bridge, all of whom negotiate with the district together. “We want the public to understand how serious things have gotten.” 

The strike started early this morning and is scheduled to end at 3:30pm. Though the strike is not directly related to current labor negotiations for health care with the district, at this point those negotiations could best be described as… rocky.

The sticking points are health care and living wages. The Golden Gate Bridge District, with a board with nine San Francisco representatives and members spanning the Bay Area, said the increases in health care costs are still competitive in the Bay Area.

The District has sought modest increases to the amount that Coalition employees have been contributing to their health benefits,” the Golden Gate Bridge District said, in a press statement. “District employees enjoy world class health benefits.”

But the unions noted that the cost of living in the Bay Area has skyrocketed. Housing prices are up, gas prices are up, everything is up. Though the district’s offer includes a 3 percent wage increase next year, and further increases in subsequent years, the new health care plan would cost 2 percent of workers’ wages, largely nullifying any increases. And the workers gave up much ground during the worst of the Great Recession.

We bargained significant concessions and changes,” in previous years, Tonisson told us. 

Strikes from the Golden Gate Bridge’s ferry workers could potentially impact thousands of Bay Area commuters. The labor coalition seemingly took lessons to heart from last year’s BART strike, when the public’s support of strikers waned in the face of nearly impossible commutes.

Tonisson didn’t directly comment on the BART strikes, but said “we’re definitely aware how any strike that shuts down the bridge or ferries impacts the lives of residents.”

To keep the commuting public aware of an impending strike, the coalition took out radio and newspaper ads, and passed out leaflets on ferry commutes. 

We’re hoping we don’t have to take further action,” Tonisson said. “We want them to understand it’s a possibility. The public should take that seriously.” 

It’s sexy time on this week’s Alternative Ink

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We talked sex and summertime during last night’s installment of Alternative Ink, the Bay Guardian’s biweekly radio show on BFF.fm, along with money in politics, the tech perspective, what’s being done to help child refugees, and the explosive new report on BART’s bungled approach to last year’s labor contract negotiations.

But mostly, we talked about sex, listened to sexy music, and danced and had a good time in BFF’s Secret Alley studio. No, it wasn’t just that we had sex on the brain after a beautiful weekend in the warm San Francisco sunshine (yes, it’s true). We were also plugging our upcoming annual Sex Issue and the shenanigans therein, including Joe’s foray into virtual reality sex and the debut of the Bay Guardian’s hot new sex columnist, Krissy Eliot, who will be exposing herself to y’all quite a bit this week. And we even offered some gratuitious digs at our corporate overlords, and that’s always fun and cathartic.

So give it a listen on this (ugh!) busy Monday morning, or whenever you can get around to it, and it’ll be like the weekend never ended.  

Bombshell BART report slams hiring of union-busting negotiator Tom Hock

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Independent investigators analyzing BART’s recent turmultuous, rollercoaster-ride labor negotiations issued their report yesterday, concluding that last year’s pair of damaging strikes could and should been avoided. The opinions that the analysts collected from the unions, management, and BART’s Board of Directors covered a wide spectrum, but there were a couple of common themes. 

First, the strikes and the death of two BART workers who were killed on the tracks when BART management ran scab-run trains while the workers were on strike, were devastating to the district and its personnel.

“We just walked out of a war,” one anonymous BART employee (or manager) told the report authors. Other anonymous quotes follow a similar theme: “It was like Vietnam… Labor massacare… The bloodiest strike ever… He was our hired gun… They threw bombs.” 

The second thing everyone agreed on, from management to the unions, was that hiring union-buster labor consultant Tom Hock as a negotiator was a bad idea

I think a lot of the stakeholders involved and unions have identified that Tom Hock was the problem,” Tom Radulovich, a BART board director, told the Guardian. “This (report) validates my concerns. They talked to everybody.”

Agreement Dynamics Inc., who conducted the investigation on behalf of the BART board, did in-depth interviews with a multitude of BART union representatives, employees, managers, and labor negotiators. Through the report, Agreement Dynamics found a culture of distrust between labor and management that they described as entrenched and multi-generational. On top of that already potent powder-keg, Hock was hired as a negotiator. Seven board directors cast “aye” votes to hire Hock, including Radulovich. Directors Fang and Murray were absent from the room at the time of the vote.

According to the report, Hock came in with guns blazing. Mixing that attitude with what the report describes as BART General Manager Grace Crunican’s lack of experience in labor negotiations, and there was a perfect recipe for conflict. 

“When Tom Hock took over as chief negotiator, Grace had become hard line,” one source told Agreement Dynamics. “There wasn’t enough trust built… Tom Hock thought a strike was inevitable. I don’t know how we thought we could win. We did not even have the whole board supporting this.”

But despite the lack of groundswell support, Hock perpetuated a strategy to push the unions to strike, according to the source. 

“Tom pushed it to strike because Grace would not budge financially,” the source said. “So Tom said to Grace, ‘You will have to strike with your position.’ Management thought we could win the PR battle and the unions would cave. But the unions had politicians. The press can turn on a dime. They did and our strategy backfired.”

Two managers told Agreement Dynamics that lack of planning exacerbated this problem.

“We did not have a Plan B to prevent a strike,” one manager told the investigators. Another told them, “This strike was not productive. We never did a course correction and then there was another strike. Two people got killed. We spent millions to end up getting creamed, and engendering hate.”

In interviews with the investigators, Hock told them he believed the strike would be very short and the unions would “have to come back and reach an agreement” before management would have to give in. He based this on the Bay Area’s sentiment against the unions, the report wrote. He told investigators that media reports also heavily favored management’s perspective. (The report also outlines how management believed their ‘good strategy’ helped sway big media, like the San Francisco Chronicle, to take their side. Good job, guys.)

The negotiators were told by Hock that a number of factors led to the strike, as he tried to deflect blame. But the report’s analysis said “the conditions cited by Tom Hock (elected board, politically strong unions, ineperience in labor negotiations) have existed in prior negotiations when no strike resulted.” 

So Hock pushed the unions to strike, the same strike that led to two workers’ deaths, the report seemingly implies. But that was not his only misstep, according to the report. He also didn’t read the contract he signed off on.

After labor negotiations concluded, BART management brought celebrations to a screeching halt. For those that remember, a provision on family medical leave, section 4.8 of the labor contract, was disputed by BART management. They said they never signed that provision, which could cost BART upwards of $40 million in sick leave, if approved. 

BART management said it signed the provision due to a “clerical error,” which BART board director Zachary Mallet confirmed to the San Jose Mercury News. “The cause of this incident has been confirmed as a miscommunication-based clerical error during the write-up of a tentative agreement,” Mallet told the Merc. 

But Hock and district negotiators Paul Oversier and Rudy Medina all told Agreement Dynamics that they signed it without reading it. “If Tom Hock had read it before he signed it, 4.8 would not have happened,” one BART staff member told the investigators. 

But as much as Hock comes under fire in this report, the report also found that he came at a time of deep division between labor and management. The report shows a way out for that: leadership from the BART Board of Directors. Radulovich told the Guardian he agrees. The board must take the reins in righting the historic bad blood between all sides at BART. 

A lot of it is the culture of your organization,” he said. “When I was a baby BART director, [employees and management] were complaining about things that happened back in 1979. You do feel like you’re walking in on a fight going on long before you got there, and going on long after you leave.”

“That antagonism has been there from the beginning,” he told us. “The question I ask myself is: how can I change that?”

Tomorrow morning at a press conference at 9am, some of the BART board will present the report and talk about its findings. Maybe we’ll find those answers then. 

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.) 

 

 

 

 

 

 


 

Urban decay

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arts@sfbg.com

FILM It increasingly seems like the ultimate plan for the poor must be simply to drive them into the sea. What else is going to be done with them if we realize the Koch brothers’ dream of no minimum wage, food stamps, welfare, or Social Security? (One alternative already in practice: Build more prisons, of course.) Hostility toward the have-nots, believing that somehow they got there by being lazy or criminal or genetically inferior, is of course as old as civilization itself. But legislating to create poverty rather than to solve it is a significant reversal over the general trend of American history over the last century or so.

This kind of “Sorry, you’re screwed” mentality may seem alarming here, but it’s a basic part of the social structure wherever economic resources have always been scarcer and a drastic wealth-power divide taken for granted. Part of the impact of Ira Sachs’ excellent Love is Strange, now playing, comes from our horror that this doesn’t happen to these people, since educated, middle-class white Americans aren’t supposed to become more or less homeless. The protagonists in UK-Philippines co-production Metro Manila, however, stir our sympathy but little surprise when they become completely homeless. (Unlike the Strange characters, they have no safety net of friends and relatives who can take them in.)

Oscar (Jake Macapagal) and Mai Ramirez (Althea Vega) are rice farmers who live in the Ifugao province, tending their crop on 2,000-year-old terraces cut into the mountains. It’s grueling work in which nine-year-old daughter, Angel (Erin Panlilio), is already enlisted; another child is still a babe in arms. This stunning verdant landscape, shot by former fashion photographer Sean Ellis (also the director and co-scenarist), might be paradise on Earth with less toil and a lot more pay. But as the Ramirez family discovers, the crop that paid 10 cents a pound last year now only pays two. The family can’t survive on that return — it’s not even enough to buy seeds for next year’s harvest.

There’s nothing they can think to do but to follow the path of so many impoverished rural folk before them and head to the big city. Upon arriving in Manila, they’re stunned by the noise, crowds, and the aggressive police presence; one day they’re horrified witnesses as an attractive woman walking alone is pulled screaming into a passing car and spirited away, though no one else seems to blink. What seems a lucky break with a Good Samaritan turns out to be a scam that robs them of their paltry cash store and the shelter they thought they’d bought with it. Hustling frantically, Oscar gets himself a day’s physical labor, only to be paid with a sandwich.

Time and again, they find those who offer help are predators who recognize easy marks when they see them. Mai is tipped to a barmaid job that even has babysitting. But it’s the kind that starts with the interviewer saying “Show me your tits.” “Daycare” consists of letting the kids crawl around the women’s changing room, and keeping customers “happy” is scarcely distinguishable from straight-up prostitution. Then Oscar’s military-service tattoo gets him embraced as a fellow veteran by older Ong (local film and TV veteran John Arcilla). The latter seems a savior, setting up the family in a fairly nice apartment, taking on Oscar as his new partner in an armed security-guard service where the main duty seems to be running questionably legal amounts of money around.

All this happens in Metro Manila‘s first half, after which it becomes less a tally of everyday exploitations and slum indignities than a crime drama in the mode of Training Day (2001), or Brillante Mendoza’s notorious 2009 Kinatay, which won a controversial Cannes Best Director Prize in 2009 and subsequently played Yerba Buena Center for the Arts. (YBCA’s New Filipino Cinema festival provided Metro‘s area premiere earlier this summer — the Roxie’s single showing this Thursday evening will doubtless be as close to a regular theatrical release as it gets hereabouts.) Ellis’ film isn’t as slickly hyperbolic as Day or as challengingly grungy as Kinatay, inhabiting a useful middle ground between thriller and case-pleading exposé. Itself an audience award winner at Sundance, Metro feels creditably engulfed in its cultural setting — if this were a movie by an old-school Filipino director, there might have been a heavier emphasis on the Ramirezes’ Christianity, which is presented simply and respectfully here but not used to milk viewer emotions.

Ellis funded this feature (his third) himself, the story inspired by a violent fight he witnessed between security guards during a prior trip to the Philippines. He doesn’t speak Tagalog, making Metro one of the better films in recent history by a director shooting in a language he doesn’t understand, something that happens more often than you might think. (Interestingly, Metro has already been remade as the Hindi movie CityLights.) The script he’s co-written with Frank E. Flowers is economical, such that when there’s a rare moment of what otherwise might pass for preachiness, the truth stings instead. When a suddenly less grateful than fearful Oscar tells his boss, “I don’t believe in hurting people,” Ong snaps, “Don’t speak. You have no voice in this world.”

Indeed. Money talks. The rest of you, STFU. *

METRO MANILA

Thu/11, 7pm, $10 (followed by Skype interview with Sean Ellis)

Roxie Theater

3117 16th St, SF

www.roxie.com

 

Voters still in the dark on campaign funding

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A legislative attempt to shed light on major funders of political campaign ads died in Sacramento last week, and the politics surrounding its demise reflect a split between groups who are normally allies on the left.

The California 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 ended up being withdrawn without ever being brought to a vote.

The bill would have required the three largest funders of television and print ads, as well as the two largest funders of radio ads and robocalls, to be clearly identified in ballot measure ads. It sought to close a loophole allowing funders to disguise themselves behind ambiguous committee names.

Trent Lange, president of the California Clean Money Campaign, said it would have prevented similar scenarios to what happened with Proposition 32 in 2012. In that case, voters remained in the dark on who the true funders were when an Arizona nonprofit calling itself “Americans for Responsible Leadership” funneled $11 million into a committee supporting the ballot measure, which would have restricted unions’ ability to raise campaign funding.  In reality, the money could be traced back to the notorious right-wing Koch Brothers but this was never evident in print, radio, or television ads.

Support for the CA DISCLOSE among Californians was substantial – 78,000 people signed petitions urging the Legislature to pass it, according to the California Clean Money Campaign, and 400 organizations statewide backed it. A poll conducted by the Public Policy Institute of California in March of 2013 reflected 84 percent voter support for increasing disclosure on ballot measures.

Nevertheless, it lacked momentum to even be brought to a vote in Sacramento. Support for approval in the Legislature was reportedly building until opponents lobbied against it. Said opponents were strange bedfellows indeed, consisting of the Howard Jarvis Taxpayers’ Association, a right-wing organization that opposes all taxes on Californians, and a trio of powerful forces in labor, including SEIU California, the California Teachers Association, and the California Labor Federation.

“Organized labor significantly and very strongly opposed it and worked to kill it,” Lange said. “Their opposition said they were opposed to technical details of the bill [and requirements for] finding the original funders – they opposed giving the FPPC that much power. It’s not clear that’s the real answer.”

A call to SEIU to ask why it lobbied against the DISCLOSE Act was not returned by press time.

Sen. Mark Leno, who co-authored the DISCLOSE Act, along with Sen. Jerry Hill and Assembly Speaker Toni G. Atkins, vowed to continue the fight next year.

“I am disappointed we weren’t able to send this legislation to the governor this year, but in this process, an even stronger coalition has emerged to keep the issue and movement alive,” Leno said in a press release. “I look forward to working with Speaker Atkins, Senator Hill and the California Clean Money Campaign as we redouble our commitment to finding common ground that will ultimately prove successful for this cause, which is so fundamental to our democracy.”

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.”