California

Lee and UC Berkeley institute take on income inequality

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Rep. Barbara Lee (D-Oakland) and U.C. Berkeley’s Haas Institute for a Fair and Inclusive Society are teaming up today [Wed/10] in Washington DC to release and discuss the institute’s first policy prescriptions for reducing inequality.

The policy brief—the first to be issued by the Haas Institute—will introduce research-based approaches suggested by a diverse array of economists looking at inequality through different lenses.

The policy brief calls for the integration of regions through land use rezoning to decrease inequality, an increase in public investments in preschool programs, raising the minimum wage, and the reformation of unfair tax policy that favors the wealthiest 1 percent.

“Inequality is a defining issue for America’s future,” John Powell, director of the Haas Institute, said in a press statement. “The good news is that we know variation in inequality and mobility imply that local, state, and federal policies can have an impact. Therefore, the solution is within reach, but only if policymakers learn from and apply researched based initiatives.”

While this is the Haas institute’s first policy brief, it is far from being Lee’s first foray into the issues of inequality. In fact, it’s become an area of her expertise. Lee, will give this morning’s keynote address, has been introduced two bills to curb the growth of inequality.

The first, the Income Equity Act (H.R. 199), would limit the tax deductibility of executive compensation packages. Currently, the more a firm pays its CEO, the more the firm can deduct from its taxes, leaving “cash-strapped taxpayers picking up the tab,” said Lee in a 2013 blog post.

“Despite record corporate profits, none of it is being shared with the American working class—the strongest work force in the world,” Jim Lewis, Lee’s press director, told the Guardian. “We’re pushing for research-based initiatives that are realistic when implemented.”

Locally, state Sens. Mark DeSauliner (D-Concord) and Loni Hancock (D-Oakland) introduced a pay-disparity bill (SB 1372) in April, which would tax companies with a wide income gap between CEOs and workers, and give tax breaks to companies with lower income disparities.

The second, Lee’s Pathways Out of Poverty Act (H.R. 5352), addresses unemployment in minority communities, namely African Americans and Latinos. It aims to create good-paying jobs and increase social mobility while strengthening the social net for those still struggling.

Research based solutions seem like a perfectly practical way to go about solving our evident wealth gap, but “1 percenter” and “the 99 percent” have only been part of the national lexicon since 2011’s Occupy protests.

A Gallup poll from January this year revealed that Democrats and independents are overwhelmingly dissatisfied with income and wealth distribution, as well as a majority of Republicans. The poll also found that only slightly about half of Americans are satisfied with the opportunity to get ahead by working hard.

“For many years, income inequality was viewed as an important factor and byproduct of growth,” said Powell. “That has been largely discredited by economists. It’s not a necessary byproduct of technological advances and globalization.”

All of this comes at a time when the wealth gap in the United States—and especially in the Bay Area—is reaching exorbitant proportions.

In June, the San Francisco Human Services Agency released a report stating that while the rich get richer and the poor get poorer, the city’s middle class—those earning around the median household income of $72,500—is disappearing altogether.

A recent study by the Brookings Institution revealed that between 1990 and 2012, the city’s middle class has shrunk from 45 percent of the population to 34 percent.

“There’s no need for this kind of gap, it’s unsustainable,” Powell said. “We need to work on a local level, especially when we have a more liberal legislature in California. Closing the gap can enhance economic growth. It can bring the country together.”

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.) 

 

 

 

 

 

 


 

Realtors give $600,000 to defeat anti-speculation tax

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Two Realtor groups have dumped nearly $600,000 into the campaign against Prop. G, the tax on flipping properties to discourage real estate speculation and evictions in San Francisco, a massive early donation that could signal the beginning of a campaign onslaught by the Realtors.

A campaign group calling itself Stop the Housing Tax, No on G, and Coalition of Homeowner, Renter, and Real Estate Organizations received a $425,000 donation from the California Association of Realtors Issues Mobilization PAC on Sept. 4 and $170,000 from the San Francisco Association of Realtors on Aug. 26, according to filings with the Ethics Commission.

Apparently, the Realtors recognize they have a strong financial stake in encouraging the flipping of houses within one to five years of being sold, on which the measure would levy a graduated tax of 24-14 percent in order to discourage. Such quick turnarounds often involve evicting tenants in order to increase a home’s market value.

Representatives for the Realtors didn’t immediately return our calls, but Sara Shortt, executive director of the Housing Rights Committee of San Francisco and a supporter of Prop. G, told us the huge donations indicate what’s really driving opposition to the measure.

“Make no mistake: the polished No on G mailer you receive spouting lies such as ‘G will hurt homeowners’ is coming directly from the mouths of the Realtors, the very people who have the most to gain by continuing to allow for evictions and flipping of apartments,” Shortt told the Guardian. “These are the same players who dumped piles of money to kill Ellis Act reform in Sacramento. And these are the same people who are making windfall profits by evicting low income tenants in San Francisco and wreaking havoc on our neighborhoods.”

UPDATE: Jay Cheng with the SF Association of Realtors just sent us an email that said, “We are working to raise funds to defeat the tax on housing, which will make San Francisco even less affordable to middle class families. We’re proud the people who know the most about housing are stepping up to defeat this tax, which will only backfire and make housing more expensive.”

Know the most, or profit the most? We asked a follow-up question about whether financial self-interest prompted the donations, and we’ll update this post if and when we hear back.  

Rep Clock: September 10 – 16, 2014

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Schedules are for Wed/10-Tue/16 except where noted. Director and year are given when available. Double features marked with a •. All times pm unless otherwise specified.

ARTISTS’ TELEVISION ACCESS 992 Valencia, SF; www.atasite.org. $7-10. “ATA Lives!”: “Mission Eye & Ear #6,” live music and film, Fri, 8. “Other Cinema,” works by Bryan Boyce, James T. Hong, and Sylvia Schedelbauer, Sat, 8. “Paper Circus,” animation by Luca Dipierro with a live soundtrack, Sun, 8.

BALBOA 3630 Balboa, SF; cinemasf.com/balboa. $10. Duran Duran: Unstaged (Lynch, 2011), Wed, 7:30. “Thursday Night Rock Docs:” Under African Skies (Berlinger, 2012), Thu, 7:30. The 78 Project Movie (Steyermark, 2014), Fri, 10.

CASTRO 429 Castro, SF; (415) 621-6120, www.castrotheatre.com. $8.50-11. •If … (Anderson, 1968), Wed, 7, and The Chocolate War (Gordon, 1988), Wed, 9:05. •The Dog (Berg and Keraudren, 2013), Thu, 7, and Dog Day Afternoon (Lumet, 1975), Thu, 8:55. California Independent Film Festival, Fri, 1pm; Sat, 11am. For complete schedule, including screenings in Orinda and Moraga, visit www.caiff.org. Frozen (Buck and Lee, 2013), Sun, 1. Presented sing-along style. •The Fisher King (Gilliam, 1991), Sun, 7, and Good Morning, Vietnam (Levinson, 1987), Sun, 4:45, 9:30. •Alive Inside (Rossato-Bennett, 2014), Tue, 7, and One Flew Over the Cuckoo’s Nest (Forman, 1975), Tue, 8:30.

COURTHOUSE SQUARE 2200 Broadway, Redwood City; www.redwoodcity.org. Free. Spaceballs (Brooks, 1987), Thu, 8:45.

FINNISH KALEVA HALL 1970 Chestnut, Berk; www.paratheatrical.com. $10. Dreambody/Earthbody (Alli, 2012), Thu, 8:30.

GOETHE-INSTITUT SF 530 Bush, SF; www.goethe.de/ins/us/saf/enindex.htm. $5 suggested donation. “100 Years After WWI:” The White Ribbon (Haneke, 2009), Wed, 6:30.

GRAND LAKE 3200 Grand Lake, Oakl; www.sf911truth.org. $15. “9/11 Truth Film Festival,” films and speakers, Thu, 1-11.

MECHANICS’ INSTITUTE 57 Post, SF; milibrary.org/events. $10. “CinemaLit Film Series: Critics’ Choice, Classic and Quirky Americana:” M (Losey, 1951), Fri, 6. With critic David Thomson in person.

NEW PEOPLE CINEMA 1746 Post, SF; http://legacyfilmfestivalonaging.org. $12 (all-fest pass, $50). “Legacy Film Festival on Aging,” shorts, features, and documentaries from around the world that take on “the challenges and triumphs of aging,” Fri-Sun.

PACIFIC FILM ARCHIVE 2575 Bancroft, Berk; (510) 642-5249, bampfa.berkeley.edu. $5.50-9.50. “Alternative Visions:” Big Joy: The Adventures of James Broughton (Silha, Slade, and Logsdon, 2011), Wed, 7. “Activate Yourself: The Free Speech Movement at Fifty:” Berkeley in the Sixties (Kitchell, 1990), Thu, 7. “Jean-Luc Godard: Expect Everything from Cinema:” Sympathy for the Devil (1968), Fri, 7. “James Dean, Restored Classics from Warner Bros.:” Rebel Without a Cause (Ray, 1955), Fri, 9:10. “Eyes Wide: The Films of Stanley Kubrick:” Spartacus (1960), Sat, 7. “Banjo Tales and Musical Holdouts:” Banjo Tales (Aginsky, 2014), Tue, 7:30.

ROXIE 3117 and 3125 16th St, SF; (415) 863-1087, www.roxie.com. $6.50-11. The Longest Week (Glanz, 2014), Wed-Thu, 7, 9. No No: A Dockumentary (Radice, 2014), Wed, 7, 9:15; Thu, 9:45. Forward 13: Waking Up the American Dream (Lovell), Thu, 5. Free screening. Metro Manila (Ellis, 2013), Thu, 7. God Help the Girl (Murdoch, 2014), Sept 12-18, 9:30 (also Fri-Sat and Mon-Tue, 7). Second Opinion: Laetrile at Sloan-Kettering (Merola, 2014), Sept 12-18, 7, 8:45 (also Sat-Sun, 3:30, 5:15). All This Mayhem (Martin, 2014), Sun, 7.

SMITH RAFAEL FILM CENTER 1118 Fourth St, San Rafael; (415) 454-1222, www.cafilm.org. $6.50-$10.75. The Notebook (Szász, 2013), Wed-Thu, call for times. Take Me to the River (Shore, 2014), Sept 12-18, call for times. “Alec Guinness at 100:” Our Man in Havana (Reed, 1959), Sun, 4:30, 7:30.

TEMESCAL ART CENTER 511 48th St, Oakl; www.shapeshifterscinema.com. Free. Works by Tommy Becker, Sun, 8.

YERBA BUENA CENTER FOR THE ARTS 701 Mission, SF; www.ybca.org. $8-10. San Francisco Cinematheque presents: “Life is An Opinion: Films by Mary Helena Clark and Karen Yaskinsky,” Sat, 7:30. Filmmakers in person. *

 

Feasting on flacks

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culture@sfbg.com

THE WEEKNIGHTER Sometimes it happens. PR companies take me out, feed me, and get me boozed up. All with the hope that I will write about the place that’s feeding/boozing me. Sometimes I write about the place, sometimes I don’t. I make no promises other than I promise to consume the food and booze that’s put in front of me. I imagine I’ve had worse lifetimes, but I wouldn’t know.

This time Natalie was taking me to Chaya (132 Embarcadero, SF, (415) 777-8688) on the PR company’s dime. Sitting on the Embarcadero with staggering views of the bay, Chaya is absolutely lovely. Come at sunset to see the lights twinkle on the Emperor Norton Bridge and sit down to a romantic dinner of incredible French-Japanese fusion.

In fact, if I’m not mistaken, Chaya was one of the first places doing “fusion” back before that was a beaten and tired word in the culinary world. That’s because Chaya has been around in SF for 14 years, which is a remarkable feat in any town, but nearly magical in San Francisco. The thing is, 14 years ain’t shit compared to the fact that the family that owns the Chaya has been in the hospitality business for almost 400 years.

According to the thing Natalie just sent me (since I neglected to take notes): Chaya has an unprecedented 390-year history of restaurants owned and operated by the same Tsunoda family both in Japan and California. Chaya began under an enormous shade tree in Hayama, Japan, centuries ago, where it offered tea, sweets, and respite to weary horseback travelers.

As they say in Japan: that shit cray.

Sitting down in the back area with Natalie and Matthew, Chaya’s marketing manager, I was told about the restaurant’s all-night happy hour, which happens every day. Chaya has long been an after work staple for the well-heeled, so it only made sense to extend the length of happy hour to keep those with well-coiffed hair quaffing well-made drinks.

Then the food came out and it was glorious. I don’t remember exactly what we ate, but there was a lot of it and it was brilliant and made my mouth happy. Matthew was excited to have me eat the Temari-style sushi, which is little round balls of rice topped with fish so fresh you can almost taste their souls. If fish had souls, that is. More food followed, as did drinks with whimsical names and suddenly, somehow, I was full and drunk. Life was good.

Natalie and Matthew began telling me about something called the Kaisen platter, which is a full selection of various raw seafood meant to be shared. “That sounds amazing,” I said, “but if you actually bring that out here right now, I may cry.” I had made the mistake of saying that I would eat and drink anything they put in front of me, and the clever bastards had the balls to call my bluff. Every man has his limits and I had found mine.

It was the golden hour when I finally toppled out of Chaya. The buildings were shimmering like pyrite and by the time I made it to Market, the street had a pinkish hue.

“I think I’m gonna walk home,” I told Natalie. “If you don’t hear from me, it’s because I ruptured something and died on the way home.”

I didn’t die.

Tenderloin upstart Book & Job aims to level the art-gallery playing field

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Carson Lancaster is tired of the bullshit. He’s tired of watching the same handful of mainstream galleries hang the same artists and shun a majority of San Francisco’s young, talented artists. “It’s like that scene in Scanners. You know, the one where the guy’s head explodes? That’s what it feels like every time I walk into one of those places,” he said.

Lancaster is the owner of Book & Job, an art gallery that seeks to do exactly the opposite: make San Francisco’s art market accessible to both artists and consumers. Located on Geary and Hyde Streets, Book & Job blends into the grit of the Tenderloin and in no way resembles the blue-chip megaliths huddled toward Union Square. The space is tiny. There’s no team of attractive sales people standing at the entrance, no bubbly event photographers milling around, no tuxedos, and no free champagne.

However, it isn’t uncommon to see a small throng of young people spilling from the entrance on a given Saturday night, or passers-by (likely coming from galleries down the street) stopping in their tracks to gander at the commotion — looking for something, anything, that slightly resembles uncharted territory: candid photographs from inside of a ramshackle San Francisco mosque, say, or a couple of naked male performers feeding each other wedding cake while dancing to Celine Dion. That, Lancaster feels, is an art scene.

Which is why Lancaster is all ears if an artist wants to show work at Book & Job. Though it began mainly for photographers, in the past couple of years the small gallery has broadened its horizons to include just about anything — paintings, zines, and performances. “People come in all the time and say, ‘I like this place because it’s pure, because it’s real, because it’s no bullshit,” he continued. “It’s known in the community as the no bullshit gallery.”

Sat/13, Lancaster’s walls will feature work from an analog photography club called Find Rangers, which sent out an open call to artists around the world. Lancaster and a group of colleagues started the club for many of the same reasons he opened his gallery. “It’s a grassroots affair,” he said. 

As a former photography student at Academy of Art University, Lancaster wondered why many of the best students would flee San Francisco after graduating, but he eventually came to a realization: “The San Francisco art scene sucks. It is very close-minded, unfriendly, not open to interpretation, set in the same ways. And for young artists at CCA [California College of the Arts], SFAI [San Francisco Art Institute], and Academy of Art, to go to an art gallery in the city [and inquire about showing their work], they’re going to be told to go fuck themselves in so many words.”

Lancaster spoke of a disconnect between San Francisco’s relatively insular gallery scene and the high number of art students in the area. From 2002 to 2012, San Francisco received more art funding per capita than any another city in the nation, according to a 2014 study released by the Cultural Policy Center at the University of Chicago. And yet, the city’s abundance of talented artists cannot break in and are thus forced to seek greener pastures, usually in New York or Los Angeles.

Lancaster believes that this is largely because art galleries in San Francisco have tight business models, and that giving artists a chance just doesn’t allow them to stay afloat. These galleries, he said, would rather show artists they know can sell. “They have their roster of artists,” he explained. “December is Ferris Plock, or September is Jay Howell or Mike Giant, and it’s the same names over and over again. It’s more like a meat factory. It’s the meat aisle.”

This is especially prevalent nowadays, Lancaster explained, as many of the higher-end galleries are struggling themselves with out-of-control rents and the city’s shifting cultural values. In the past year, particularly downtown, a rash of galleries have either relocated or completely shuttered.

But Lancaster isn’t worried about Book & Job. His lease is written such that his rent stays fixed — and relatively low — until 2022. For next eight years, Book & Job cannot be priced out, even as the neighborhood continues to transform around it. “This is place is blowing up,” he said, pointing out the new cafés and restaurants that are now sprouting up around the Tenderloin. All the same, in the coming years Book & Job will serve as a small preservation of what remains of city’s DIY ethos, a channel through which local artists can be discovered without having to flee the city. 

“It’s a really nervy thing to do,” Sarah Barsness, one of Lancaster’s former Academy of Art teachers, says of the gallery. She explained that it’s extremely difficult to open a successful art gallery in the city, let alone one as “subversive” as Book & Job. “He’s doing the thing that you’re never supposed to do, which is having a lot of work that he sells for nothing, and spreading it out to a different, broader population — younger people and fellow students,” she explained. 

She even compared Lancaster to Andy Warhol and other pioneers of the pop art movement, who sought to strip art of its “preciousness” and “elitism” by selling prints for pennies on the dollar. Ultimately, Barsness explained, this made art more democratic. “It’s really important right now because we’re at a high point of elitists,” she said. “It’s over the top.”

By making art more democratic, she explained, galleries like Book & Job “bring artists back into the conversation,” making art more about art and less about business. But Barsness believes many San Francisco galleries have always operated this way. “San Francisco collectors are notorious for not buying San Francisco art,” she said, explaining that galleries have had to survive by bringing in work from other cities. 

While Barsness feels that the economic cards are not stacked in Lancaster’s favor, she feels that Book & Job embodies much of what art stands for. “Art is not supposed to preach. It’s supposed to show you an alternative way of thinking, so that questions emerge,” she said. “[Book & Job] is a little work of art, in that sense, making you ask: Do galleries have to operate this way? Is it wrong to have galleries operate this way? And why is it wrong?”

For Lancaster, however, Book & Job’s place in the art world isn’t so much subversive as it is deeply personal. In March, Lancaster found his close friend, renowned San Francisco artist Shawn Whisenant, dead from a health issue in the back room of the gallery, where he had been sleeping. Whisenant was a San Francisco street artist and photographer and one of the last “true” San Francisco artists, according to KQED’s Kristin Farr, who remembered him fondly after his passing.

And for Lancaster, Whisenant’s artistic ethos of “no B.S.” will always shape how Book & Job is run. A day doesn’t go by in which Lancaster doesn’t think about what Whisenant would have done. “He’s the angel and devil on my shoulder,” he said.

The room in which Whisenant died has been converted into a dark room, and for now Lancaster plans to share it with other like-minded photographers and use it to hone his own skills. “If someone is checking their phone and they see my open call [for a Find Rangers Camera Club exhibit], and they dust off their camera and buy a roll of film, I’m doing something right,” he said. “That’s not just me selling a booklet to help pay rent, that’s helping someone’s creativity … and that’s really cool.”

Find Rangers Camera Club exhibit

Sat/13, 7-11pm

Book & Job Gallery

838 Geary, SF

www.book-job.com

Developers lobby hard to slash payments promised to Transbay Terminal and high-speed rail

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Will the San Francisco Board of Supervisors let developers of the biggest office towers proposed for San Francisco renege on promises to help pay for the Transbay Terminal reconstruction, extension of rail service to that site, and other public amenities? Or will Willie Brown successfully use politicians that he helped get into office — most notably Mayor Ed Lee and Sup. Jane Kim — to let the developers keep hundreds of millions of dollars in excess profits?

The answers to those questions will become clearer tomorrow [Tues/9] as the board considers a complex yet crucially important agenda item. It involves creation of a special tax district around the Transbay Terminal, where office tower developers have been awarded huge upzonings — including the Transbay Tower, which would be the tallest building on West Coast at more than 1,000 feet — in exchange for paying for public works projects to serve the area.

But those developers, including Hines, Boston Properties, TMG, and others (it’s not clear whether all six upzoned parcels are participating in the current lobbying effort and threatened lawsuit), are now objecting to paying about $1 billion in special taxes and seeking to get that amount lowered to about $400 million. And to do so, they’ve already paid Brown at least $100,000 just this quarter, kicking off a lobbying effort so intense that Brown has finally registered as a lobbyist after questionably resisting it for many years.

Leading the charge against that effort is Sup. Scott Wiener, who said the promised payments are crucial to paying for about $200 million in work on the Transbay Terminal and paying for the first $450 million of the $2.5 billion project of bringing high-speed rail and electrified Caltrain trains into the facility, as well as a promised public park on top of the terminal.

“The downtown extension is one of the most important transportation projects we will deliver in the foreseeable future. It’s a legacy project with huge benefits for San Francisco and the entire state,” Wiener told us. “We have to go to the mat to get it built, and a reduction in this assessment will significantly undermine our ability to deliver the project and get the train downtown. The last thing we need is a very expensive bus station with no train service.”

The developers and their spokespeople (including the San Francisco Chronicle’s Matier & Ross, who announced Brown’s involvement in the project this summer) argue that their fees have gone up substantially since the plan was first hatched in 2007 and fleshed out in the 2012 Implementation Document (which relied on 2007 land values).

That’s true, but that’s mostly because the value of the properties have shot up in recent years (incidentally, so have the costs of bringing the trains downtown), which also makes the projects far more lucrative for the developers. And Adam Alberti, who represents the Transbay Joint Powers Agency, notes that the tax rate hasn’t changed: it’s still the same 0.55 percent of assessed value that it’s always been.

“The rate is exactly the same, 0.55 percent, but the difference is the land valuations,” Alberti told us.

When the rates were formally set this year by the Rate and Method of Appointment (RMA) document, based on detailed studies of the properties and the district, it did charge the tallest buildings a little more than the shorter ones, under the logic that penthouses are more profitable (for example, the Saleforce lease of most of the Transbay Tower is rumored to be the largest commercial office deal in city history).

But the paper trail of documents and conditions for the four projects that have so far been awarded their entitlements always indicated such details would be hashed out by RMA. Indeed, when the city responded to the developers’ legal threats with a 14-page letter on July 14, it meticulously dismantled the convoluted claims by the developers that there’s been some kind of bait-and-switch here.

Still, the developers have been aggressively working the corridors of power in City Hall trying to get their fees reduced.

“Having not received any of the relief that the the Land Owner sought, the Land Owner is now forced to formally protest the formation of the CFD [Community Financing District], the levying of special taxes pursuant to the RMA, and the incurrence of bonded indebtedness in the CFD,” Boston Properties (which has not returned our calls for comment) wrote in a Sept. 2 letter to the city, which prompted Kim, the district supervisor, to continue the item for one week.

The decision to employ Brown upped the ante on this power struggle, given that Brown (who also didn’t return our calls) helped engineer Mayor Lee’s appointment to office in 2011 and worked behind-the-scenes to help Jane Kim beat progressive challenger Debra Walker the year before. Since then, Kim (who didn’t return our calls for comment) has helped do Brown’s bidding a couple of times and made misleading statements about their relationship.

Kim will be a central figure in this unfolding drama, given that it’s taking place in her supervisorial district. Her predecessor, Chris Daly — who says that he’s already been burned once by Hines (which also wouldn’t comment), which he said broke a promise for another $100 million in fees to the TJPA — said the current lobbying effort is essentially a raid on the public coffers that endangers an important project.

“The last redeeming thing about Willie Brown was his unwavering support for Transbay Terminal,” Daly told us, “and now that’s gone too.”

Unfortunately, the complexities of this deal might make it difficult for the general public to digest just how it changes, particularly as they are engineered by Brown, a legendary political dealmaker who spent decades as speaker of the California Assembly before becoming mayor of San Francisco.

But Daly said this project is crucially important for Kim’s district, and it’ll be intriguing to see what happens: “I don’t think she can make a bad vote, but behind the scenes, I’m not sure how much she can stand up to Willie Brown.”  

If the board approves the special tax district and the RMA tomorrow, then the affected property owners will vote on whether to create this Mello-Roos District in December, with a two-thirds vote required for passage. The projects can’t proceed with their current entitlements unless such a district is created, so the effort now is to slash the payments that such a district would require.

“Smart development means, among other things, making sure that development pays for supporting infrastructure,” Wiener told us. “The creation and upzoning of this district were explicitly linked to to funding the transit center and the downtown train extension. By upzoning these properties, we provided the developers with massive additional value and, in fact, the properties have exploded in value. The transit assessment needs to reflect those current property values, not values from the bottom of the recession.” 

[UPDATE: Sup. Kim returned our calls this evening and said this was a difficult issue, but that she wants to defend the city’s stance. “At this point we’re in a legal dispute, an impasse,” Kim told us, noting that she supports the fee structure from the RMA rather than earlier estimates. “The city was very clear those rates were illustrative.”

She said this isn’t simply about getting more money for the Transbay Terminal projects, but holding developers accountable for the upzoning they received. “The question isn’t what is the most money we can extract from the developer,” she said. “The question is: What did we agree to?”

Kim said she has met with Willie Brown about the issue, but she isn’t feeled pressured by him or the developers he’s representing. “Are they making threats? No,” she said. “I didn’t feel pressure at the meeting.”

But she did say she’d always be willing to hear out Brown’s side of the story. “He can just pick up the phone and call me,” she said.

Tomorrow’s meeting will include a closed session discussion of the issue, given its potential for legal actions. As for whether she and other supervisors may be swayed by the legal threat to settle on a lower fee amount, she told us, “That’s what the closed session is for.”

Kim indicated she intends to support the fees the parties originally agreed to. “I think the rates were set clearly,” she said. 

But we may have to take that promise with a grain of salt. Kim has sometimes talked tough, only to compromise later on, as she did with her Housing Balance legislation. After tomorrow’s closed session, we’ll see if her vote is as fiery as her rhetoric. ]

Joe Fitzgerald Rodriguez contributed to this report. 

Kids pushed through immigration court at lightning speed while supes debate legal aid funding

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San Francisco’s efforts to provide legal services for unaccompanied youth who crossed the U.S. border from Central America is heating up as a point of contention between Sup. David Campos and Board President David Chiu, opponents in the race for California Assembly District 17.

The issue stems from the rise of the “rocket docket,” a Department of Justice directive for immigration courts to speed up processing for unaccompanied youth apprehended at the U.S. border. Under the expedited system, created in response to an overwhelming number of kids fleeing north to escape violence, courts are cramming through as many as 50 cases daily. 

“This new docket is dramatically accelerating the pace for the cases of newly arrived, traumatized children and families from Central America,” Robin Goldfaden of the Lawyers Committee for Civil Rights Bay Area wrote in an email to the Bay Guardian. “For many, a wrong decision can mean being sent back to unspeakable harm – brutal beatings, rapes, even death. … But nonprofit legal services providers, already stretched beyond capacity, simply do not have the number of attorneys and other staff required to meet the ever-rising level of need.” 

At the Sept. 2 Board of Supervisor’s meeting, Campos proposed a budgetary supplemental to allocate $1.2 million for legal representation for unaccompanied youth being processed in immigration court in the Bay Area.

“Under international law, many of these kids would actually qualify as refugees,” Campos noted when he introduced the proposal. “And many of them have cases that would allow them to be protected by immigration law in the US,” but those protections would only apply if they had lawyers advocating for them.

Yet Chiu responded to Campos’ proposal by touting his own efforts culminating in a $100,000 grant award for a different legal aid program for undocumented immigrants, the Right to Civil Counsel. Under that effort, the San Francisco-based Lawyer’s Committee for Civil Rights was awarded a city grant to fund pro bono legal representation and associated trainings and workshops, which Chiu described as being “particularly for undocumented children from Central America.” 

Speaking at the meeting, Chiu commented that the board should “work together” to help unaccompanied children threatened with deportation, “rather than working on competing efforts,” which sounded like a dig on Campos’ proposal. That seemed to imply that the problem had been addressed, throwing into question whether there would be enough support to pass the supplemental.

Reached by phone, however, Chiu said he was open to discussing additional funding. “We should have a public discussion about it,” he said. “I’m open to it.” He noted that his office had been working on bolstering immigrant access to civil counsel for months, and that the $100,000 in funding provided as part of the budget process could train up to 400 private-sector lawyers to provide pro bono representation for unaccompanied youth. “All of us are committed to adressing the humanitarian crisi in the way that San Francisco knows how,” Chiu said.

But Campos, who initiated partnerships with legal aid nonprofits and various city departments to put a proposal together, said his funding request was based on research conducted by the Budget & Legislative Analyst to determine what was needed to adequately represent the surge of unaccompanied youth in immigration court.

In nine out of 10 cases nationally, according to a Syracuse University study, youth without legal representation wind up deported, while closer to 50 percent who have lawyers are afforded protection under immigration law. In many cases youth qualify to stay under a category known as Special Immigrant Juvenile Status, created to help kids who suffered abuse, neglect, or abandonment.

The Budget & Legislative Analyst projected that 2,130 juveniles a year would lack legal representation in the San Francisco court. In contrast, the $100,000 grant referenced by Chiu, which was awarded last week to the Lawyer’s Committee for Civil Rights, was only intended to provide enough pro bono legal representation to cover 75 individuals, including adults as well as children, according to service providers.

Immigration attorneys interviewed by the Bay Guardian said the grant to Lawyers’ Committee wouldn’t stretch far enough to cover the pressing need.

“I don’t think the $100,000 is going to be enough,” noted Misha Seay, a staff attorney at the Center for Gender & Refugee Studies who was awarded a fellowship to work on juvenile representation in immigration court before the youth immigration crisis started. “I think it’s a positive thing and a great thing, but we’re going to need a lot more.”

Seay said she had been volunteering in the immigration courts regularly and witnessing firsthand how youth were being thrown into a system that they had little ability to navigate. “We see children of all ages,” she said. “The youngest child I met with was a four-year-old, and then all the way up to 17.”

Goldfaden, of the Lawyers’ Committee, noted that there was a need for more nonprofit attorneys devoted the cause, not just pro bono legal representation. “The grant from the city and the commitment of the pro bono bar comes at a crucial time,” she wrote in emailed comments. “But without the budget supplement that has been proposed to increase the capacity of the corps of nonprofit providers on the frontlines of this crisis, lives will be lost.”

How Big Oil is using front groups to attack global warming regulations

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With California’s landmark measure addressing climate change, Assembly Bill 32, scheduled to begin covering automobile fleets and other transportation sources at the end of this year, Big Oil has been trying to sabotage that process using a variety of front groups and other tactics.

The oil industry failed in its last-minute attempt to get the California Legislature to delay the measure by rejecting AB 69, Fresno Democrat Henry Perea’s effort to exempt automobiles from the regulations, even though vehicles account for more than one-third of the state’s greenhouse gas emmissions.

But front groups funded by the Western States Petroleum Association (aka Big Oil), such as the new California Drivers Alliance, have been running online and newspaper ads attacking the regulations, pushing the meme that it’s a “hidden gas tax,” according to an article published today in Businessweek.

To help counter the trend and highlight the problem, the Stop Fooling California coalition of environmental groups are pushing back in the number of ways, including commissioning award-winning cartoonist Steve Greenberg to do the above cartoon and make it available for free to publications around the state.

Enjoy, and stay tuned as to continue to follow this important issue. 

Activists form human barricade to protest crude-by-rail facility

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This morning [Thu/4], at 7am in Richmond, Calif., four environmental activists used U-locks to fasten themselves by the neck to the fence of an oil shipping facility operated by Kinder Morgan. 

They were interlocked with another four activists, who had their arms secured with handmade lock-boxes. “I’m locked to a lock box connected to my partner, Ann, who is locked with a U-lock to the fence,” Andre Soto, of Richmond-based Communities for a Better Environment, explained by phone a little after 8am.

At that time, Soto said several Richmond police officers had been dispatched to the scene and were calmly surveying the human barricade. He wondered out loud if they would be arrested.

The environmentalists risked arrest to prevent trucks from leaving the Kinder Morgan facility for area refineries with offloaded oil shipped in by train. 

Crude-by-rail transport at Kinder Morgan’s bulk rail terminal, located in the Burlington Northern / Santa Fe railyard in Richmond, is the subject of a lawsuit filed in March by Earthjustice on behalf of the Sierra Club, Communities for a Better Environment, the National Resources Defense Council, and the Asian Pacific Environmental Network.

The suit, targeting Kinder Morgan as well as the Bay Area Air Quality Management District (BAAQMD), charges that Kinder Morgan was illegally awarded a permit for crude-by-rail operations without going through a formal environmental review process, which would have necessitated public hearings and community feedback. The case asks for operations to be halted while the project undergoes review under the California Environmental Quality Act. A hearing will be held in San Francisco Superior Court at 1:30pm tomorrow.

Ethan Buckner of Forest Ethics, who was also locked to the fence, said activists were especially concerned that the crude oil being shipped into Richmond, much of which originates in North Dakota, was volatile, presenting safety concerns.

“The oil trains are … very old tank cars that are subject to puncture, and have been known to fail over and over again while carrying oil,” Buckner said. Much of the oil shipped into the Richmond transfer point by rail originates from the Bakken shale region, which has been dramatically transformed by the controversial extraction method known as fracking.

“Nobody was notified that these oil trains were going to be rolling in,” Buckner said. That morning’s protest, he added, was meant to “send a clear message to Kinder Morgan and the Air District that if we can’t count on our public agencies to protect our communities, we’re going to do it ourselves.”

In the end, none of the activists were arrested. They voluntarily unlocked themselves from the fence and left the railyard around 10am. “After three hours we decided thsat we had made our point,” Eddie Scher of Forest Ethics said afterward, speaking by phone.

Along with a group of around ten others participating in the civil disobedience action, the activists who locked themselves to the fence were affiliated with Bay Area environmental organizations including 350 Bay Area, the Asian Pacific Environmental Network, the Sunflower Alliance, the Martinez Environmental Group, and Crocket Rodeo United to Defend the Environment.

Reached by phone, Ralph Borrmann, a spokesperson for BAAQMD, said, “We have no comment on the current litigation, or any actions relating to it.” He added that more information would come out during the Sept. 5 hearing.

When the Bay Guardian asked Kinder Morgan for a comment on the matter, spokesperson Richard Wheatley responded, “You’re not going to get one. We’re not going to comment on it.” Asked for a comment on the lawsuit, Wheatley said, “We’re not going to comment ahead of that hearing. And we’re not going to comment on the protesters.”

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.”

Schools not prisons

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OPINION Jay-Z doesn’t usually make political endorsements.

But at a recent concert in Los Angeles, he took the rare and unexpected step of endorsing a California ballot initiative. “California, build more schools, less prisons,” he rapped to the crowd, and then encouraged them to all vote yes on Proposition 47.

Jay-Z chose the right issue to speak out about. On an otherwise quiet state ballot, Californians have the opportunity to make history this fall with Prop. 47, also known as the “Safe Neighborhood and Schools Act.”

While California has long been known as an incarceration trailblazer for all the wrong reasons, Prop, 47 will give us an opportunity to reduce overcrowded prisons and bloated corrections budgets, roll back the failed drug war, and reinvest in public education.

Most importantly, Prop 47 will reduce the penalty for most nonviolent, non-serious crimes, such as drug possession, shoplifting, and bouncing a check, from a felony to a misdemeanor. These offenses are closely associated with drug addiction or poverty, and are not well addressed in prison.

This change will also be retroactive, allowing us to make amends for misguided policies. Approximately 10,000 inmates will be eligible for re-sentencing, helping to alleviate California’s notoriously overcrowded prisons. Hundreds of thousands of formerly incarcerated people with past felony convictions will have them reduced to misdemeanors, lifting existing barriers to employment and housing.

The estimated $150–<\d>$250 million in savings each year will be reinvested into K-12 education, victim compensation, and community-based rehabilitation and re-entry programs.

There are a number of reasons why Prop. 47 would be a huge step forward for California. First, we have to stop wasting money unnecessarily locking people up for long periods of time. California currently spends $10 billion on corrections, which has increased 1500 percent since 1981. Even as crime rates have fallen, corrections spending keeps going up.

The astronomical increase in prison spending has squeezed public education and services. We spend $62,000 to imprison someone for one year, while only about $9,000 per K-12 student. California built 22 prisons since 1980, but we built just one university. Imagine if both of those numbers were flipped. In light of all of our urgent priorities as a state, the cost of imprisonment for minor offenses simply isn’t worth it.

Second, prison time and felony convictions can have a devastating impact on individuals and communities. When a person is sent away to prison, they are separated from their family, community, and employment. Their time spent behind bars often leads to serious negative consequences for their physical health, mental health, and overall wellbeing. When they come out, they can face insurmountable barriers to employment, housing, and assistance.

Others feel the impact too: Hundreds of thousands of children in California have parents who are incarcerated. A recent study showed that for many kids, having a parent in prison is more detrimental to a child’s health and development than divorce or even the death of a parent.

Third, locking people up for drug crimes and petty theft is ineffective. Many California prisoners need drug or mental health treatment, not longer prison sentences. There are now three times as many people with mental illnesses in prisons and jails than there are in hospitals.

And instead of treating drug use as a health issue, we have criminalized it and enforced laws selectively, with communities of color bearing the brunt of this counterproductive war on ourselves.

California has long been one of the country’s pioneers in creative and expansive ways to lock people up. We were one of the first to pass a “Three Strikes” law, and have the unfortunate distinction of being the only prison system found by the US Supreme Court to be unconstitutionally overcrowded.

But just like our fellow citizens who made mistakes in the past, California too deserves a second chance. Prop. 47 gives us our own shot at redemption.

Prop. 47 can provide a mandate for a better California, one where we support each other and invest in our people, and put an end to misguided approaches that have been punitive and wasteful. Demanding “Schools Not Prisons,” a new California majority is emerging, one that will shape our state’s future this November and beyond.

Matt Haney is an elected member of San Francisco’s Board of Education and the co-founder of #Cut50, a new initiative to cut the prison population nationally by 50 percent in 10 years.

 

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.”

 

Events: September 3 – 9, 2014

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Listings are compiled by Guardian staff. Submit items for the listings at listings@sfbg.com. For further information on how to submit items for the listings, see Selector.

WEDNESDAY 3

“99 Poems for the 99 Percent” Booksmith, 1644 Haight, SF; www.booksmith.com. 7:30pm, free. Contributors read from a new collection that represents “the real America.” Poets include Dean Rader, Gillian Conoley, Barbara Berman, Keith Ekiss, Julie Bruck, and Hiya Swanhuyser.

THURSDAY 4

Rose Caraway Good Vibrations, 1620 Polk, SF; (415) 345-0400. 6:30pm, free. “Everyone’s favorite lusty librarian” reads from The Sexy Librarian’s Big Book of Erotica, with help from Lily K. Cho, Malin James, and Jade A. Waters.

Vikram Chandra City Lights Bookstore, 261 Columbus, SF; www.citylights.com. 7pm, free. The author discusses Geek Sublime: The Beauty of Code. The Code of Beauty.

Hollye Jacobs Book Passage, 1 Ferry Bldg, SF; www.bookpassage.com. 6pm, free. The author, a nurse and social worker turned patient, discusses The Silver Lining: A Supportive and Insightful Guide to Breast Cancer.

“Night of the Livermore Dead: A Zombie Pub Crawl” Bothwell Arts Center’s Downtown Art Studios, 62 South L St, Livermore; http://tickets.livermoreperformingarts.org. 6-10:30pm, $20. First, get transformed into a shuffling member of the undead, then enjoy drink specials and deals as you lurch through downtown Livermore. The crawl ends at the Bankhead Theater with a “Thriller” flashmob, followed by a screening of Night of the Living Dead (1968).

FRIDAY 5

“Art Break Day” Justin Herman Plaza, 1 Market, SF; www.artbreakday.com. 9am-5pm, free. Check website for locations in Berkeley, Novato, Oakland, San Rafael, and other locations. Art supplies are provided at this free community art-making event.

SATURDAY 6

Autumn Moon Festival Chinatown, SF; www.moonfestival.org. Grand opening ceremony and parade, today, 11am. Festival, 11am-5pm, through Sun/7 (dog costume contest Sun/7, 2:30pm). Free. Cultural performances, an open-air street bazaar, lion dancing, and (new this year!) a dog costume contest highlight this 24th annual celebration of the Asian holiday.

Friends of Duboce Park Tag Sale Duboce between Steiner and Scott, SF; http://friendsofdubocepark.org. 9am-2pm. Community tag sale, with proceeds going toward making improvements to Duboce Park. Check out the website for donation information.

Mountain View Art and Wine Festival Castro between El Camino Real and Evelyn, Mtn View; www.miramarevents.com. 10am-6pm, free. Through Sun/7. With works by over 600 professional craftspeople and artists, plus live music, home and garden exhibits, a young-performers stage, a climbing wall, food and wine, and more.

“Projecting SOMA: Youth and Elders’ VOICES” Sixth St and Market, SF; www.ybca.org. 7pm, free. Also Sept 13, 20, and 27. YBCA in Community, South of Market Community Action Network, and Veterans Equity Center present large-scale, text-based video projections sharing messages and stories from the Filipino community.

SF Mountain Bike Festival McLaren Park, Jerry Garcia Amphitheater, 20 John F. Shelley, SF; sfurbanriders.org/wordpress/sf-mtb-festival. 9am-5pm, free. Register in advance to compete — or just show up to spectate or test your skills in any of the non-competitive categories. Events include a short-track challenge, a 10-mile urban adventure ride, a cargo bike hill climb, a bike skills challenge for youth and families, and more, plus a box jump demo and a bike raffle.

“Yoga for Change” Grace Cathedral, 1100 California, SF; www.yogaforchangesf.org. 9:30am-noon, $15 and up. Help raise funds for the Community Preschool at this yoga event with live music. All levels and abilities welcome.

SUNDAY 7

Haight Street Music and Merchants Street Festival Haight between Masonic and Stanyan, SF; hsmmsf@gmail.com. Noon-6pm, free. Yep, it’s another street fair on Haight — but this brand-new event has a highly local focus, since it’s sponsored by local merchants. Expect three stages of music, kids’ activities, a skate ramp, and more.

“Home [away from] Home” Eastshore Park, Lake Merritt, MacArthur at Grand, Oakl; www.ybca.org. 10am-8pm, free. Through Sept 11. Experimental art installation highlighting artists in the Ethiopian and Eritrean communities of the Bay Area.

“Seventeen Generations Why” Modern Times Bookstore Collective, 2919 24th St, SF; www.mtbs.com. 5pm, $20 and up. Rebecca Solnit brings together nine decades of San Franciscans (from a woman in her 80s to a seven-year-old) for this “variety show in celebration of Modern Times Bookstore’s last four decades and in support of its next four or so.”

MONDAY 8

Rowen Jacobsen Jewish Community Center of San Francisco, 3200 California, SF; www.jccsf.org/ 7pm, $15. The James Beard award winner discusses Apples of Uncommon Character. Author event held in conjunction with the JCCSF’s “Apple-Palooza” (5pm), a celebration of all things apple and harvest.

TUESDAY 9

Daisy Hernández Booksmith, 1644 Haight, SF; www.booksmith.com. 7:30pm, free. The author reads from her coming-of-age memoir, A Cup of Water Under My Bed. *

 

Guardian Intelligence: September 3 – 9, 2014

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CASTRO CURTAIN CALL

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

THEFT TIMES TWO

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

TAG, YOU’RE IT!

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

SWEET TRIBUTE

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

CYCLE UP

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

VOTERS IN THE DARK

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

ZOOBORN

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

PARK ARIAS

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

GORGE YOURSELF

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

 

Nuclear shakeup

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It was more than six years ago that Jeanne Hardebeck, a seismologist at the US Geological Survey’s Menlo Park Earthquake Science Center, started to zero in on a pattern. “I was looking at small earthquakes,” she explained. “I noticed them lining up.”

 

She and other earthquake scientists also detected an anomaly in the alignment of the earth’s magnetic field off the California coastline, near San Luis Obispo. It all added up to the discovery of an offshore fault line.

What made Hardebeck’s discovery truly startling was that the sea floor fracture, now known as the Shoreline Fault, lies just about 300 meters from Diablo Canyon Nuclear Power Plant, California’s last operational nuclear power plant. In the general vicinity of the facility, which is owned and operated by Pacific Gas & Electric Co., there are also three other fault lines.

These discoveries have raised safety concerns and fed arguments by activists who want the Diablo Canyon reactors shut down, at least until the danger can be properly assessed.

When the final construction permits for Diablo Canyon were issued more than 45 years ago, engineers assumed a lower seismic risk. PG&E’s federal operating license to run Diablo Canyon is based on those assumptions. But the new information suggests that the ground is capable of shaking a great deal more in the event of a major earthquake than previously understood — leaving open the possibility that a temblor could spark sudden and disastrous equipment failure at Diablo Canyon.

The Nuclear Regulatory Commission, the federal agency charged with overseeing the safety of nuclear facilities, has determined that the plant’s continued operation is safe. But Michael Peck, a senior NRC staff member, recommended that the reactors be shut down until a safety analysis could prove that the plant would successfully withstand a major earthquake. In the time since Peck began to sound the alarm about the potential seismic hazard, he’s been transferred from Diablo Canyon to a NRC training facility in Chattanooga, Tenn.

As The Associated Press reported on Aug. 25, Peck, who served as a resident on-site safety inspector at Diablo Canyon for half a decade as part of his 33-year career with the NRC, called for the plant to be temporarily shut down in a Differing Professional Opinion (DPO) filed in June 2013. Such a filing signifies a formal challenge to an agency position, and the NRC standard is to rule on these findings within 120 days.

More than a year later, however, Peck’s findings still haven’t been addressed. Since the DPO is technically classified — someone leaked it, and Peck says he wasn’t the source —the NRC hasn’t even publicly acknowledged its existence. The NRC did not return calls seeking comment.

Meanwhile, the Bay Guardian has learned that the NRC’s actions go beyond just foot-dragging on addressing Peck’s findings. Following a series of exchanges in the years since the discovery of the Shoreline Fault, PG&E filed a request to the NRC for its license to be amended so that it could continue operating Diablo Canyon in spite of the outmoded design specifications. As part of its request, the company performed its own studies concluding that the continued operation of the plant was safe in light of the new seismic information.

Yet the NRC technical staff rejected PG&E’s proposed methodology for analyzing the earthquake safety risk. Rather than amend the license, the NRC asked PG&E to withdraw its request. Despite this formal response, in a letter dated Oct. 12, 2012, an NRC project manager quietly gave PG&E the green light to update its own safety analysis report to incorporate the new seismic information, effectively allowing for the amendment without jumping through the hoops of the formal license amendment process.

“It appears that the licensing manager basically worked around the process,” Peck told us. Asked why he thought something like that might happen, he said, “I think there’s a prevailing viewpoint that … the plant is robust, and that even though it doesn’t meet its license requirements, it’s safe.” Nevertheless, “when our technical reviewers did a detailed review of the actual methodology, they said, we can’t approve it. It’s beyond what we can approve. I think that surprised a lot of people.”

Peck explained that the safety evaluations assess whether power plant equipment can be expected to remain “operable” in the event of an earthquake, in accordance with the agency’s technical standards. “In my opinion, their evaluation didn’t meet the standard,” he said.

That’s what prompted him to file two objections to the NRC’s decision to continue operating the facility despite the looming safety concerns. Peck stressed that he could not discuss the DPO, since it’s not a public document, but did speak about the concerns he raised in his first objection, which is publically available.

Peck emphasized that while he wasn’t saying outright that Diablo Canyon is unsafe, having the safety concerns out there as an unresolved question is unacceptable.

“How much will the plant shake? There’s not a clear consensus,” he told us.

When he performed his own analysis, concluding that PG&E’s evaluation wasn’t adequate, he based his assumptions on PG&E’s seismic calculations. Even by those numbers, which aren’t universally accepted, the peak ground acceleration in the event of an earthquake is “almost double” what PG&E’s operability standard is based on. PG&E did not return calls seeking comment.

Hardebeck, the seismologist, said that while the engineering questions are a point of contention, there’s little dispute about the earthquake science. “An earthquake on any one of these faults is very rare,” Hardebeck noted. The Shoreline Fault, for example, has an expected probability of rupturing in a major earthquake — of magnitude 6.5 or 6.7 — once every 10,000 years.

However, the existence of numerous fault lines in proximity means that if one ruptured, more earthquakes could be triggered along the other fault lines.

“It was only in the 1970s that some geologist found the Hosgri Fault — which turns out to be the biggest fault in the region,” Hardebeck said. “The Shoreline is sort of a little strand of the Hosgri Fault,” she added.

Seismologists predict that the Hosgri Fault could trigger a large earthquake, up to magnitude 7.5, once every 1,000 years. Also near Diablo Canyon are the Los Osos and San LuisBay faults, which Hardebeck said aren’t as well-understood by seismologists but could potentially rupture and cause earthquakes of a 6.5 magnitude.

Dave Lochbaum, who worked at the NRC prior to his current position at the Union of Concerned Scientists, provided some perspective by pointing out that nobody had expected the natural disaster that triggered the Fukushima nuclear meltdown in Japan in March 2011.

“For context, the odds of a tsunami wave exceeding the protecting sea wall was one in 3,480 years,” he noted. “You’re in the same ballpark.”

Lochbaum said the Union of Concerned Scientists agreed with Peck’s analysis on Diablo Canyon. “He believes in nuclear power,” Lochbaum pointed out. “He’s not trying to say this plant can never split another atom. This plant is outside those rules and it needs to be fixed. … Technically, the plant has no legal basis for operating.”

The day after the AP article was published, the environmental nonprofit organization Friends of the Earth filed a 92-page petition with the NRC, calling for the Diablo Canyon to be shut down.

“Since Diablo is not operating within its licensing basis, as Peck asserted, the plant must suspend operations while the NRC considers a license amendment,” its petition states.

Yet by subverting the formal license amendment, as NRC public records show, the regulatory agency effectively skipped over a public process with an adjudicatory hearing that would have allowed concerned citizens to weigh in.

In the days following the AP report, US Sen. Barbara Boxer said she would submit a hearing request at the Senate Environment and Public Works Committee to ask the NRC about the matter. But aside from the checks and balances provided by the Senate and congressional oversight committees, the NRC is “the only game in town” when it comes to determining whether Diablo Canyon should continue operating or be shut down, said Lochbaum, who worked as a nuclear engineer for 17 years.

In a blog posted on the Union of Concerned Scientists website, Lochbaum said he had researched the history of how the NRC had treated similar situations.

“In all prior cases, I found that the NRC did not allow nuclear facilities to operate with similar unresolved earthquake protection issues,” he wrote. “For example, in March 1979 —two weeks prior to the Three Mile Island accident — the NRC ordered a handful of nuclear power reactors to shut down and remain shut down until earthquake analysis and protection concerns were corrected. Thus, Dr. Peck’s findings are irrefutable and his conclusion consistent with nearly four decades of precedents. What is not clear is why DiabloCanyon continues to operate with inadequately evaluated protection against known earthquake hazards.”

 

 

Tom’s legacy

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steve@sfbg.com

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

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

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

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

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

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

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

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

 

 

LIFE OF THE CAPITOL

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

 

SPARKING CHANGE

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

FLOOR SHOW

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

 

COMING OUT

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

 

WHAT’S NEXT

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

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

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

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

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

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

But what about Ammiano’s own political future?

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

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

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

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

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

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

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

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

SF-style cycletracks may spread throughout California under approved legislation

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

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

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

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

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

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

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