David Campos

End the open primary experiment

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EDITORIAL

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

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

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

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

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

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

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

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

 

The anti-sunshine gang intensifies its attacks on the Sunshine Ordinance Task Force in City Hall

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By Bruce B. Brugmann   (with special sunshine vendetta chronology by Richard Knee) 

The Guardian story in the current issue demonstrates in 96 point tempo bold how important the glare of sunshine and publicity is in City Hall in keeping the public’s business public. Yet, the anti-sunshine gang in City Hall is intensifying  its savage attack on the Sunshine Ordinance Task Force.

The Sunshine Ordinance established the Sunshine Task Force to serve as the people’s court for hearing citizen complaints on public access, thus giving  citizens a way to get secret records, open secret meetings, and hold government officials accountable. It empowers citizens to be watchdogs on issues they care about.  It is the first and best ordinance of its kind in the country, if not in the world, and its effectiveness is shown by the fact that the anti-sunshine gang regularly tries  to bounce strong members and gut the task force.

Terry Francke, then the executive director of the California First Amendment Coalition and author of the ordinance, and I as a founder anticipated this problem in trhe early 1990s and put a mandate  into the original ordinance for the task force to have representatives from the local chapter of the Society of Professional Journalists (a journalist and media attorney) and the San Francisco League of Women Voters, two organizations with experience and tradition with open government issues. Later, the mandate included a representative from New America Media, to insure a member of color for the task force.

 I served for 10 years on the task force and then Mayor Willie Brown made the point about City Hall interference by targeting me for extinction.  He tried several times  to kick me off the task force.  I refused to budge, on the principle that neither the mayor nor any other city official should be able to arbitrarily kick off a member of the task force for doing his/her job. When Willie left office, I left the task force when my term was up  and the principle was intact.

Today, as Richard Knee writes in his timeline and chronology below, the principle is once again under city hall attack. Knee replaced me as the journalist representative  of SPJ and has served under fire  for a record 12 years. He writes that the latest attack is retaliation for a unanimous finding by the task force in September 2011 when Board President David Chiu and Supervisors Scott Wiener, Malia Cohen, and Eric Mar violated  local and state open meeting laws by ramming through the monstrous Park Merced redevelopment contract with 14 pages of amendments that Chiu slipped in “literally minutes” before the committee vote.

This was a historic task force vote in the public interest, and a historic vote for open government and for all the good causes. But instead it prompted a smear- dilute-and- ouster campaign by the Board of Supervisors, with timely assists from the city attorney’s office.  The ugly play by play follows. The good news is  that the sunshine forces inside and outside city hall are fighting back, hard and fast, and with a keen eye on all upcoming elections.   Stay tuned. On guard. :

 Special  chronology and timeline detailing the anti-sunshine gang attack on  the Sunshine Ordinance Task Force. By Richard Knee)

1. In April 2011, the Task Force voted to change its bylaws to declare that approval of substantive motions required “yes” votes from a simple majority of members present rather than a simple majority of all members, as long as a quorum was present. The quorum threshold remained at six. The bylaws change went against the advice of the city attorney’s office, which pointed to city Charter Sec. 4.104. Suzanne Cauthen and I cast dissenting votes on the bylaw change. David Snyder was absent from that meeting but made it clear that, reluctantly, he could find no reason to disagree with the city attorney’s opinion.

2. In September 2011, the Task Force voted, 8-0, to find that Board of Supervisors President David Chiu and Supervisors Eric Mar, Scott Wiener and Malia Cohen had violated the Sunshine Ordinance and the state’s open-meeting law (Brown Act). Mar, Wiener and Cohen served on the board’s Land Use and Economic Development Committee, which voted to recommend approval of a Parkmerced redevelopment contract. Literally minutes before the committee voted, Chiu introduced 14 pages of amendments to the contract. The deputy city attorney at the meeting opined that the amendments did not substantially alter the contract and therefore the description of the item on the meeting agenda was still apt and the committee could act on it. The full board approved the contract the same day.

Wiener tried to intimidate the Task Force from hearing the case. His legislative aide Gillian Gillette (now the mayor’s director of transportation policy) told us we had no business telling the board how to vote and that in taking up the matter, we would be overstepping our authority. Her tone of voice, facial expression and body language were clearly confrontational. We pushed back. Bruce Wolfe told her it was inappropriate to prejudge the Task Force’s vote before the hearing had begun. I told her that we were not interested in the LUED Committee’s or the board’s substantive vote on the contract, but we were concerned about the procedural aspect. A complaint alleging sunshine violations had been brought before us and we were duty-bound to hear it. I pointedly suggested she review the ordinance, especially Sec. 67.30, which defines the Task Force’s, duties, powers and composition. She skulked back to her seat, seething.

Chiu’s legislative aide Judson True told us that Chiu’s office had made a mad scramble to get the amendments printed and properly distributed to allow enough time for review by the supervisors and members of the public before the committee’s vote. He and Gillette, citing the city attorney’s opinion, reiterated that the committee and the board had followed proper procedure.

We were incredulous toward their claims that (a) 14 pages of amendments did not substantially alter the contract and (b) there was sufficient time to review the amendments before the committee’s vote. We consensed that there was no reason the committee could not have delayed its vote in order to allow adequate review time.

3. Wiener surreptitiously asked the Budget and Legislative Analyst in late 2011 to survey every city department on how much sunshine compliance was costing it. When we learned about it, Task Force Chair Hope Johnson sent a strongly worded letter objecting to the attempt at secrecy and to the form that the survey took; we felt many of the questions were vague or vacuous.

4. In May 2012, the Rules Committee (Jane Kim, Mark Farrell, David Campos) interviewed Task Force applicants. Committee members pointedly asked incumbents Suzanne Manneh (New America Media’s nominee), Allyson Washburn (League of Women Voters’ nominee), Hanley Chan, Jay Costa and Bruce Wolfe if it wouldn’t have been wise to follow the city attorney’s advice in order to avoid violating the Charter. They responded that while they deeply appreciated having a deputy city attorney at Task Force meetings and certainly gave due weight to the DCA’s counsel, such advice did not have the force of law, they had a right to disagree with it and they believed the bylaw change they had enacted in April 2011 did not violate the Charter.

The Rules Committee voted unanimously to recommend the appointments of newcomers Kitt Grant, David Sims, Chris Hyland and Louise Fischer, and returnee David Pilpel. Campos and Kim voted to recommend Wolfe’s reappointment; Farrell dissented.

Then, citing concerns about lack of “diversity,” Farrell and Kim said the Society of Professional Journalists, NAM and the LWV should have submitted multiple nominations for each of their designated seats. They pointed to language in ordinance Sec. 67.30(a) stipulating that the respective members “shall be appointed from … names” – and they emphasized the plural, “names” – “submitted by” the organizations. And the committee voted unanimously to continue those four appointments to the call of the chair.

It is important to note that this was the first time ever that the committee had made a multiple-nominations demand. Previously, the committee and the board had invariably accepted the single nominations from the three organizations.

The “diversity” argument was a smokescreen. They had already voted to bounce Chan, who is Chinese-American, and Manneh is a Palestinian-American fluent in Arabic and Spanish.

The truth was, they didn’t like the nominees. SPJ had nominated attorney Ben Rosenfeld and Westside Observer editor Doug Comstock. Both as a Task Force member and as a political consultant, Comstock had been a thorn in lots of local politicians’ and bureaucrats’ sides. And Manneh and Washburn had participated in the Task Force’s unanimous finding of violation against Chiu, Wiener, Mar and Cohen.

Upshot: By continuing those appointments, the committee and the board ensured that Manneh, Washburn and I would remain as “holdovers” and the SPJ-nominated attorney’s seat would stay vacant (Snyder had formally resigned). Manneh, citing an increased professional and academic workload, stepped aside a few months later, meaning two of the 11 seats were vacant, and it now took only four absences instead of five to kill a quorum.

5. At the subsequent meeting of the full board, after Campos moved to reappoint Wolfe, Wiener moved to replace his name with that of Todd David. In making his motion, Wiener delivered a scorching, mendacious attack on what was then the current Task Force. Details of the tirade are available on request. The board voted, 6-5, in favor of Wiener’s motion (ayes: Wiener, Chiu, Farrell, Cohen, Carmen Chu and Sean Elsbernd; noes: Campos, Kim, Mar, John Avalos and Christina Olague). The board then voted unanimously to appoint Grant, Sims, Hyland, Fischer, Pilpel and David.

6. Ordinance Sec. 67.30(a) stipulates that the Task Force shall at all times have at least one member with a physical disability. Wolfe was the only applicant in 2012 to meet that criterion. So when the board ousted him, the Task Force no longer had a physically disabled member. The city attorney advised the new Task Force that to take any actions before a new physically disabled member was appointed could land land the Task Force and its individual members in serious legal trouble. So the Task Force was sidelined for five months, finally resuming business in November 2012 following the appointment of Bruce Oka — who, by the way, is solidly pro-sunshine.

            7. After interviewing 12 of the 13 task force applicants on May 15, 2014, Rules Committee members Norman Yee and Katy Tang complained about a lack of racial/ethnic diversity among the candidates, but that didn’t stop them from voting to recommend the reappointments of members David, Fischer and Pilpel, all Anglos (Campos was absent). Nor were they deterred by the fact that David has missed six task force meetings since March 2013, including those of last January, February and April. They continued consideration of additional appointments to a future meeting, possibly June 5.

At the board meeting on May 20, Wiener repeated his slander of the 2012-14 task force and heaped praise on David, Fischer and Pilpel without offering a shred of corroborating evidence. The board voted to confirm their reappointments, again ignoring David’s porous attendance record.

8. To be seen: whether Rules and/or the board will continue insisting on multiple nominations, and whether it will move forward on other possible appointments. Including Grant’s resignation and the possibility of holdovers, there is a risk that as few as eight of the 11 seats will be filled, meaning three absences would kill a quorum. Sims is moving to Los Angeles but remaining as a holdover for the moment. If he resigns, that could pull the number of fill seats down to seven, meaning two absences would kill a quorum.

The foregoing commentary is strictly personal and not intended to reflect the views of any other individual or organization.

Respectfully submitted,

Richard Knee

Member (since July 2002) and past chairman of the Sunshine Ordinance Task Force

Member of the Society of Professional Journalists, Northern California Chapter, Freedom of Information Committee

San Francisco-based freelance journalist

(The Bruce blog is written and edited by Bruce B. Brugmann, editor at large of the San Francisco Bay Guardian. He is the former editor and co-founder and co-publisher of the Guardian with his wife Jean Dibble, 1966-2012). In San Francisco, the citizens are generally safe, except when the mayor is in his office and the board of supervisors is in session. You can quote me.  B3

Chiu mailer highlights Guardian praise, despite our Campos endorsement

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Politics is dirty business, and I should never underestimate the willingness of politicians to turn any editorial praise they receive into an electoral advantage, distorting the context as needed, a lesson that I was reminded of this week.

Several Guardian readers have called me this week to complain about a mailer dropped on voters by the David Chiu for Assembly campaign, which includes long quotes from Chiu’s endorsements by the San Francisco Chronicle and Bay Area Reporter, as well as positive quotes from the Bay Guardian and San Francisco Examiner.

Although neither the Guardian nor the Examiner has endorsed Chiu — we enthusiastically endorsed David Campos in that race, while the Examiner is waiting until the fall rematch to do endorsements — our readers said the flyer left the impression that we had.

Chiu campaign spokesperson Nicole Derse disputes that view. “It definitely did not leave that impression,” she told me. “We were very clear about who has endorsed.” She said the Examiner and Guardian were included because “it’s important to highlight objective sources like newspapers.”

The Guardian quote was from a July 23, 2013 blog post in which I indeed wrote, “It is Chiu and his bustling office of top aides that have done most of the heavy legislation lifting this year, finding compromise solutions to some of the most vexing issues facing the city.”

It was certainly true at the time, although I received a lot criticism for what I wrote from the progressive community, which pointed out how Chiu had maneuvered himself into the swing vote position on key issues such as condo conversions and CEQA reform. And the compromises Chiu forged actually allowed fiscal conservatives to erode San Francisco’s standing as a progessive city while burgeoning his own political resume.

So I ran another blog post to air those concerns, and then we ran a hybrid of the two in the next week’s paper that closes with this line, “In the end, Chiu can be seen as an effective legislator, a centrist compromiser, or both. Perspective is everything in politics.” BTW, in that original post, I also noted that the Airbnb legislation Chiu was working on should challenge his political skills and reputation, and indeed it took many more months to introduce and has been met by a storm of criticism, becoming the marquee political fight of the summer at City Hall.

After that first post, I also heard from Campos and his supporters predicting that the Chiu campaign would use my well-meaning praise to convey support from the Guardian in a misleading way, a prophecy that has now proven prescient.

But I also think that Campos has done a good job at undermining Chiu’s greatest strength in this election, that of being an effective legislator, by hammering on the reality that things have gotten worse for the average San Francisco because Chiu and his allies have been most effective on behalf of the tech companies, landlords, and other rich and powerful interests that are undermining the city’s diversity, affordability, and progressive values.

“Effective for whom? That’s what’s important,” Campos told us during his endorsement interview, noting that, “Most people in San Francisco have been left behind and out of that prosperity.”

Chiu’s campaign counters by overtly and in whisper campaigns saying that progressives can’t be effective in Sacramento, blatantly overlooking the fact that the incumbent he’s running to replace, Tom Ammiano, has been both a consistent, trustworthy progressive, and an effective legislator who has gotten more bills signed than most of his colleagues, even as he takes on tough issues like reforms to Prop. 13 and prison conditions.

And Ammiano hasn’t just said good things about David Campos, his chosen successor — Ammiano has actually endorsed Campos. 

Artists say vote for Campos

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By Sara Jean Yaste



OPINION David Campos stands up for the underdogs. And in this current state of capitalism U$A, we the people need to give power only to leaders who won’t abuse it for personal profit. Foucault once said "society must be defended." Campos defends that society, and was granted a valid power from the people of San Francisco, based on actually helping us and being trusted, not just being a political yes person, like so many other modern politicians seem to be. Most politicians are all too eager to grant favors in exchange for shiny objects.

As some of you may or may now know, Campos is running for the 17th State Assembly District seat, which would enable him to create legislation at the state level. Campos shows that he is a man of the people by creating legislation that increases payouts for folks unjustly displaced by Ellis Act evictions, as well as giving displaced residents priority for affordable housing units as they become available. He champions the underdogs of the art scene by supporting legislation that enables emerging promoters to continue operating, without having to purchase $1 million insurance policies that are currently required of larger concert promoters. Basically, Campos is on the side of ensuring good times may still be had in SF, and that we don’t fall into the culturally disadvantaged realms of whitebread blandness that strangled vitality in suburbia for decades.

Campos is running against Divide Chiu for this seat. Seemingly, both candidates uphold progressive ideals, but in today’s tepid political waters, trying to stay informed often feels more like watching a bloated puppet show with talking heads, rather than participating in a genuine process of civic engagement. The solution? In my humble opinion, in order to really separate the fakers from the real, one must follow the money. Case in point, Campos proves his integrity and commitment to everyday people from all walks of life, in his refusal to accept cash from the financial industry (read: banks). He also has accepted only $82,000 from locally based real estate developers, who have committed to building affordable housing as well as market-rate housing (ex: the old Mission Theater project). Chiu, on the other hand, shows his true colors (they always say "money talks" right??) by accepting $34,000 from the finance industry, and $143,000 from out-of-state real estate developers.

Chiu promotes himself as being someone who can "get things done" in office. But that’s a pandering tired cliché at this point and it’s offensive that someone would insult our intelligence by using such tired rhetoric as a means to gain our trust and confidence. Yet Campos’ background alone (he was an undocumented immigrant from Guatemala’s civil war, who arrived speaking no English as a child, then later went on to graduate from Stanford University and later Harvard Law), shows that he is a true underdog who overcame adversity and has the capacity, resolve, and integrity to continue fighting on our behalf (yes, this writer identifies as a non-commodified emerging artist, aka underdog).

Campos represents those who actually pulling themselves up by their boot straps, as the saying goes, in reality. He demonstrates strength of character and values in not accepting funds from shady interests (unlike Chiu) and continues to help the people who truly need it, those who are unjustly displaced and in desperate need of housing in the community that is their long-term home. He supports emerging artists by being in touch with our needs, and crafting legislation that enables us to stay in our homes, and helps the current law become more just (because let’s face it, justice is always ahead of the law; for example, see: slavery being sanctioned in colonial U$A and marriage discrimination in California by Proposition 8).

From one concerned and civilly engaged resident of San Francisco to the next, I urge you to vote for David Campos in the upcoming primary on June 3.

Sara Jean Yaste is a writer, musician, and creative social interventionist living and breathing in San Francisco. Her band, Future Twin, performs May 31 from 3-6pm at a Happy Hour for David Campos at DNA Lounge.

The legacy of Harvey Milk, and remembering the “Twinkie Defense”

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Today is Harvey Milk’s birthday, but are we celebrating the life of a champion for social justice, or only remembering his assassination? As San Franciscans mourn the city supervisor who fought for gay rights and other progressive issues in San Francisco and statewide, we thought we’d share with you selected articles from our “Milk Issue, [11/18/08]” that discussion his death by examining his life. 

The year was 2008, and to commemorate the opening of the biopic film, Milk, we devoted an issue of the Bay Guardian to honoring the man who gave ’em hope.

In the first selected piece, Guardian founding publisher Bruce Brugmann recalls his first brush with Milk, and the last time he saw him alive. In our second piece, the Guardian’s current Publisher Marke B. asks if the LGBT movement canonizes Milk’s death without honoring what his life stood for, an important lesson to remember now. The third selection by current and former Guardian Editors-in-Chief, Steven T. Jones and Tim Redmond respectively, who remember Milk’s progressive politics. Our fourth piece, penned by soon-to-be termed out Assemblyperson Tom Ammiano, a Milk political ally who dissects the oh-too-familiar tone of discrimination rising up from the opposition to naming San Francisco Airport after Milk. Lastly, a reporter who covered the Milk assassination takes us through a first person account of covering the trial of Milk’s killer, Dan White.

And as an extra bonus, we’ve embedded the issue from after the Dan White trial as a PDF at the bottom of this page.

Check them out below, and remember Milk not only as a man who died, but as a man who lived, and raised hell. 

The Bay Guardian “Milk” issue, circa 2008:

 

I REMEMBER HARVEY

Toward the end of the supervisorial campaign in 1973, I got an intercom call from Nancy Destefanis, our advertising representative handling political ads. Hey, she said, I got a guy here by the name of Harvey Milk who is running for supervisor and I think you ought to talk to him.

Milk? I replied. How can anybody run for supervisor with the name of Milk?

Continued here

 

THE APATHY AND THE ECSTACY

“OMG! Marriage is the new AIDS!” a friend screeched to me through her cell phone after witnessing West Hollywood’s cop-clashing response to the passage of Proposition 8. She meant, of course, the unexpected, exhilarating, and somewhat clumsy reemergence of queer protest energy that has overtaken many a civic center and public park since the November election and its attendant LGBT letdown.

Continued here.

 

POLITICS BEHIND THE PICTURE

The new Harvey Milk movie, which opens later this month, begins as a love story, a sweet love story about two guys who meet in a subway station and wind up fleeing New York for San Francisco. But after that, the movie gets political — in fact, by Hollywood standards, it’s remarkably political.

The movie raises a lot of issues that are alive and part of San Francisco politics today. The history isn’t perfect (see sidebar), but it is compelling. And while we mourn Milk and watch Milk, we shouldn’t forget what the queer hero stood for.

Continued here.

 

MILK’S REAL LEGACY

Ever since Supervisor David Campos announced his proposal to add Harvey Milk’s name to SFO, there’s been an unending string of criticism — mostly from one source — that has an eerily familiar ring to it.

We heard it years ago when we tried to change the name of Douglas School in the Castro to Harvey Milk Civil Rights Academy. Believe it or not, it took seven years before the School Board finally voted for the name change — and there was still bitterness. This was a school in Harvey’s neighborhood that Harvey personally helped when he was alive.

Continued here.

 

BEHIND THE TWINKIE DEFENSE

This month marks the 30th anniversary of the assassination of San Francisco Mayor George Moscone, who wanted to decriminalize marijuana, and Supervisor Harvey Milk, the first openly gay individual to be elected to public office in America. November also marks the release of a film about the case titled Milk. Although a former policeman, homophobic Dan White, had confessed to the murders, he pleaded not guilty. I covered his trial for the Bay Guardian.

I’m embarrassed to admit that I said “Thank you” to the sheriff’s deputy who frisked me before I could enter the courtroom. However, this was a superfluous ritual, since any journalist who wanted to shoot White was prevented from doing so by wall-to-wall bulletproof glass…

Continued here

San Francisco Bay Guardian after Harvey Milk’s death by FitztheReporter

 

San Francisco Bay Guardian after Harvey Milk's death by FitztheReporter

Alerts: May 21 – 27, 2014

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WEDNESDAY 21

 

San Francisco Tomorrow annual awards dinner

Delancey Street Restaurant, 600 The Embarcadero, SF. www.sftomorrow.org. 5:30pm, $50. San Francisco Tomorrow will hold its annual awards dinner to recognize individuals for their service to the city. Recipients for this year include Rebecca Evans and renowned journalist and editor Tim Redmond of 48hills.org and formerly San Francisco Bay Guardian, and the keynote address will be delivered by former Mayor Art Agnos. San Francisco Tomorrow depends on this event to gain support for their continued efforts to protect the environment, elect responsible and responsive public officials and promote excellence in public transportation.

THURSDAY 22

 

Justice Now’s Spring Fling

Dr. Teeth and The Electric Mayhem, 2323 Mission, SF. www.justicenow.org. 5pm-late, free. Justice Now is an Oakland-based nonprofit and law clinic focused on the needs of women prisoners, providing legal services and advocating for healthcare access, defense of parental rights, sentencing mitigation and other needs. Ten percent of the evening’s proceeds for food and drink will be donated to Justice Now. The bar is known for its good beer, cocktails by the pitcher, and an elaborate menu with everything from homemade corndogs to a jelly donut and fried chicken “sandwich.”

 

Harvey Milk’s 84th birthday bash

Beaux, 2344 Market, SF. www.milkclub.org. 6-9pm, free. Harvey Milk believed in LGBT leadership and the radical idea that LGBT people should be elected, and hold public office. He lived and died fighting for that dream. Join the Harvey Milk LGBT Democratic Club, former State Senator Carole Migden, State Assemblymember Tom Ammiano, and Supervisor and assembly candidate David Campos for a celebration of Harvey’s life on what would be his 84th birthday.

FRIDAY 23

 

Homelessness in SF: Panel discussion and speak out

St. Anthony Foundation Dining Hall, 150 Golden Gate, SF. (415) 346-3740. 3-5pm, free. As thousands lose their homes in San Francisco, and fewer find pathways out of homelessness, this panel will discuss how the city is responding and where experts believe efforts should be focused. This is event is put on by the Coalition on Homelessness, as part of its Free School series.

SATURDAY 24

 

Demonstration: Empty the Tanks

Six Flags Discovery Kingdom, 1001 Fairgrounds, Vallejo. tinyurl.com/kx2jcpk. 10-1pm, free. This day is being organized to stand up against marine mammal captivity. The abuse and exploitation of these sentient beings has no place in the 21st century. On May 24th, protests and educational events will be held all over world in front of marine mammal parks and aquariums. The only way to close their doors for good is to get the general public to stop buying tickets. Please wear blue and join for a non-violent peaceful demonstration. Stand with us to tell the captivity industry that enough is enough.

 

Political power play unseats SF Police Commissioner

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Police Commissioner Angela Chan fought the federal government as they unjustly tried to deport undocumented San Franciscans who were guilty of no crimes, and won. She fought to arm the SFPD with de-escalation tactics instead of Tasers, and won again.

But at the April 30 Board of Supervisors meeting, Chan lost. The board denied her reappointment to the Police Commission, and seven supervisors voted to appoint her opponent, Victor Hwang, instead.

The decision came after heated backdoor politicking by Chinatown political leader Rose Pak, insiders told us. Politicians involved would only speak on background, for fear of reprisal from Pak, yet indicated that Pak felt Chan did not consult often enough with Chinatown interests and focused too broadly on issues of concern to other communities.

Chan gained national recognition for her work against Secure Communities, challenging a provision that allows U.S. Immigration and Customs Enforcement to call for illegal holds of undocumented persons they’d later like to deport. Pak came out swinging against Chan in the wake of those battles, we were told.

“It’s a sad day for the immigrant rights movement when a strong leader cannot be reappointed,” Sup. Eric Mar said just before the vote.

After Sup. Katy Tang introduced the motion to strike Chan’s name from the appointment, and replace it with Hwang’s, other supervisors noted the obvious elephant in the room — there was not only one vacant seat on the police commission, but two.

Supervisor John Avalos suggested the Board of Supervisors make a motion to request the mayor appoint Hwang himself, allowing for both Chan and Hwang to be appointed.

But Board of Supervisors President David Chiu said he’d asked Mayor Lee that very question to no avail. “It is not something that will happen,” he said. “It is not the practice of the mayor to solve difficult decisions of the board. It’s up to us.”

Sups. Mark Farrell, Scott Wiener, Malia Cohen, London Breed, Jane Kim, Tang and Chiu voted to strike Chan’s name from the appointment, and to vote to appoint Hwang instead. (Joe Fitzgerald Rodriguez)

LAWSUIT FILED TO HALT TECH SHUTTLE PILOT

The road to regulating Google Buses has a new pothole: a lawsuit.

A lawsuit filed in San Francisco Superior Court May 1 demands the San Francisco Municipal Transportation Agency’s commuter shuttle pilot program be put on hold while a full environmental review is conducted under the California Environmental Quality Act.

“We know that these buses are having devastating impacts on our neighborhoods, driving up rents and evictions of long-time San Francisco residents,” said Sara Shortt, executive director of the Housing Rights Committee of San Francisco and one of the lawsuit petitioners. “We’ve protested in the streets and taken our plea to City Hall to no avail. We hope to finally receive justice in a court of law.”

The suit was filed against the City and County of San Francisco, Mayor Ed Lee, the Board of Supervisors, the SFMTA, Google, Genentech, Apple, and a handful of private transportation providers. It alleges the tech shuttle pilot project is in violation of the California Vehicle Code, which prohibits any vehicle — except common carriers (public buses) — to pull into red zones that are designated as bus stops. It also alleges the city abused its discretion and violated the CEQA by exempting the Shuttle Project from environmental review. (Joe Fitzgerald Rodriguez)

ILLEGAL ANTI-CAMPOS FLYERS TARGETED IN ETHICS COMPLAINT

Several San Francisco neighborhoods over the last week have been targeted with illegal campaign flyers against Assembly candidate David Campos — breaking both state election laws requiring the group and its funding source to be identified and local laws against placing political flyers on utility poles and other surfaces.

Former Ethics Commission Eileen Hansen this week filed a complaint about the guerilla campaigning with the California Fair Political Practices Commission, which has jurisdiction over state races.

“I am asking for the intervention of your office into what appears to be a blatant and arrogant violation of campaign finance reporting and disclosure laws in California’s 17th Assembly District Primary Election,” Hansen wrote in the April 30 letter. “As you well know, the political climate in San Francisco is quite sensitive, and nerves are raw. If this violation is allowed to continue, it will have a chilling effect on the entire election and further alienate voters, and potential voters.”

The race between Campos and David Chiu has indeed gotten more heated in recent weeks, but Chiu campaign manager Nicole Derse denies that the campaign has any knowledge or involvement with the illegal campaigning: “We think everyone in this race should be transparent.”

In her letter, Hansen casts doubt on the Chiu campaign’s claims of innocence: “The wide distribution, professional design, and overnight appearance in distant locations strongly suggest that these flyers have been produced and distributed by a funded political organization aligned with Assembly candidate David Chiu, whose aim is to attack and discredit Chiu’s opponent David Campos.”

And she even identifies a leading suspect in this illegal campaigning: Enrique Pearce and his Left Coast Communications firm, which has a history of dirty tricks campaigning on behalf of Mayor Ed Lee and other establishment politicians. Hansen notes that the flyers appeared right after the registration of a new campaign committee, San Franciscans for Effective Government to Support David Chiu. Although the group hasn’t reported any fundraising yet, its contact phone number goes to Left Coast Communications and Pearce, who hasn’t yet returned our calls on the issue.

This campaign stunt in reminiscent of an “independent expenditure” effort in the District 6 supervisorial race in 2010, when Pearce was connected to a mailer supporting Sup. Jane Kim that was funded partially by Willie Brown, again because the supposedly independent group listed his phone number even though he was worked directly for Kim.

The anti-Campos mailers include some nasty and misleading charges, labeling Campos “City Hall’s Hypocrite” by falsely claiming Campos ignored rising evictions until he decided to run for the Assembly and that he was concerned about Google buses but wanted to charge them less than $1 per stop. A third flyer claims Campos “lets wifebeater sheriff keep his job” for his vote against removing Sheriff Ross Mirkarimi from office for official misconduct.

“This is a secretly funded shadow organization aligned with David Chiu, committing a desperate move that is as illegal and it is false in its claims,” Campos told us, saying he hopes the FPPC is able to stop and punish those involved. (Steven T. Jones)

SUPES CALL FOR INCREASED YOUTH FUNDING

José-Luis Mejia says he’s seen a little bit of everything in his work with transitional-age youth.

A few have died suddenly; others wound up incarcerated. Then there are those who beat the odds by attending top-level universities, opening up their own businesses, or dedicating themselves to public service.

As associate director of Transitional Age Youth San Francisco, Mejia was part of a grassroots coalition that has been working for about two years on crafting a measure that aims to increase funding for youth programs, seeking to give a boost to transitional-age youth services in particular.

It culminated with the April 30 introduction at the Board of Supervisors of a suite of new proposals to support youth programs, including a pair of charter amendments that will appear on the November ballot.

An amendment sponsored by Sup. John Avalos would renew the existing Children’s Fund, renaming it the Children and Youth Fund, and increasing the property-tax set-aside that supports it from three cents per $100 of assessed valuation to five cents. Funding would be designated for programs set up to aid “disconnected transitional-aged youth,” including homeless or disabled youth, unmarried parents, those who identify as LGBTQ or are aging out of foster care, and other specified categories. The amendment would also create a Commission on Children, Youth, and Their Families, to oversee the Department of Children Youth and their families. A second charter amendment would extend the Public Education Enrichment Fund (PEEF), another source of funding for youth programs.

Avalos has strong support on the Board, but the mayor’s office has reportedly been pressuring supervisors not to support Avalos’ measure.

“As we all know, San Francisco is experiencing incredible economic activity,” Avalos noted April 30. “We’re experiencing growth and speculation that is lifting many boats, but not lifting all boats. And some of the people who are not doing so well are children and families.”

The Children’s Fund, and PEEF currently set aside over $100 million for children and youth in San Francisco. The funding sources would sunset if action were not taken to extend them. (Rebecca Bowe)

 

Chiu for Assembly

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OPINION

San Francisco is at a crossroads. While some residents benefit from prosperity, an affordable housing crisis coupled with income inequality make this a time of struggle for other San Franciscans.

Our inclusive, diverse culture that has historically made San Francisco a haven for artists, immigrants, and innovators is at stake. Given this, effective progressive leadership is critical to ensuring that our city remains a place where all San Franciscans can afford to live and prosper. That’s why I urge you to vote for my friend, President of the Board of Supervisors David Chiu, to represent San Francisco in the California State Assembly.

As president, David has demonstrated an inclusive, unifying leadership style that has had a transformative impact at City Hall. He really listens to everyone, and brings people together to address our city’s most critical challenges. He combines rock solid progressive values with a fervent drive to do more than talk — to actually get the big stuff done.

The proof is in the pudding: he’s passed more pieces of legislation than any other current supervisor in every major policy arena, and his colleagues have elected him president three times.

David has delivered consistently on our city’s most critical issue: affordable housing. A tenant in San Francisco himself for the past 18 years, David has fought to protect and expand affordable housing across the city, leading efforts to build more housing for homeless veterans, transitional age youth, and seniors.

He supported rebuilding dilapidated public housing projects that have been in total disrepair. He has supported the strengthening of habitability standards in housing across the board. He led the charge to create a 10-year moratorium on condo conversions and to prioritize victims of Ellis Act evictions for our city’s affordable housing opportunities.

After multiple failed attempts by supervisors over two decades, he passed legislation to finally legalize in-law units, preserving one of our city’s largest existing stocks of affordable housing. David will continue to work to stem San Francisco’s affordable housing crisis in the Assembly, including pushing hard to reform the Ellis Act.

David has been a leader on a host of other important issues. An avid biker who doesn’t own a car, David has spearheaded groundbreaking environmental legislation, banning the sale of plastic water bottles on city property, expanding urban agriculture, and prohibiting the delivery of unwanted Yellow Pages. He’s increased funding for community arts, an issue close to my heart as an artist. He has championed language access for our city’s immigrants, and fought for the reunification of LGBT immigrant families.

Under his leadership, San Francisco is the first city in the country to establish the right to civil counsel for low-income residents being denied basic human rights such as housing, as well as to give workers the right to request flexible and predictable working arrangements to take care of their families. He passed progressive business tax reform that will bring $300 million of new revenues over the next decade.

When it comes down to it, we have two Assembly candidates, David Chiu and David Campos, who share the strongly held progressive values of the Guardian’s readers. I am a longtime supporter of the Guardian and have valued its endorsement in my previous races. The difference lies in style and effectiveness.

I know how urgently San Francisco needs a leader in the Assembly who can bring people together to get significant things done. The challenges and opportunities our city faces demand it. I know David Chiu can do this because he has done it, over and over again, in five and a half remarkably effective years of progressive leadership on the Board of Supervisors.

Please join me in supporting David Chiu for State Assembly.

Debra Walker is an artist who serves on the Building Inspection Commission, recently reappointed to that seat by David Chiu.

Illegal anti-Campos flyers the subject of an ethics complaint

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Several San Francisco neighborhoods over the last week have been targeted with illegal campaign flyers against Assembly candidate David Campos — breaking both state election laws requiring the group and its funding source to be identified and local laws against placing political flyers on utility poles and other surfaces.

Former Ethics Commission Eileen Hansen this week filed a complaint about the guerilla campaigning with the California Fair Political Practices Commission, which has jurisdiction over state races.

“I am asking for the intervention of your office into what appears to be a blatant and arrogant violation of campaign finance reporting and disclosure laws in California’s 17th Assembly District Primary Election,” Hansen wrote in the April 30 letter. “As you well know, the political climate in San Francisco is quite sensitive, and nerves are raw. If this violation is allowed to continue, it will have a chilling effect on the entire election and further alienate voters, and potential voters.”

The race between Campos and David Chiu has indeed gotten more heated in recent weeks, but Chiu campaign spokesperson Nicole Derse denies that the campaign has any knowledge or involvement with the illegal campaigning: “We think everyone in this race should be transparent.”

In her letter, Hansen casts doubt on the Chiu campaign’s claims of innocence: “The wide distribution, professional design, and overnight appearance in distant locations strongly suggest that these flyers have been produced and distributed by a funded political organization aligned with Assembly candidate David Chiu, whose aim is to attack and discredit Chiu’s opponent David Campos.”

And she even identifies a leading suspect in this illegal campaigning: Enrique Pearce and his Left Coast Communications firm, which has a history of dirty tricks campaigning on behalf of Mayor Ed Lee and other establishment politicians. Hansen notes that the flyers appeared right after the registration of a new campaign committee, San Franciscans for Effective Government to Support David Chiu. Although the group hasn’t reported any fundraising yet, its contact phone number goes to Left Coast Communications and Pearce, who hasn’t yet returned our calls on the issue. [UPDATE: Pearce called back and categorically denied any involvement with the illegal flyers, and he blasted Hansen for speading what you called “scurrilous lies” with no foundation, saying he has called her directly and expects an apology.]

This campaign stunt in reminiscent of an “independent expenditure” effort in the District 6 supervisorial race in 2010, when Pearce was connected to a mailer supporting Sup. Jane Kim that was funded partially by Willie Brown, again because the supposedly independent group listed his phone number even though he was worked directly for Kim.

The anti-Campos mailers include some nasty and misleading charges, labeling Campos “City Hall’s Hypocrite” by falsely claiming Campos ignored rising evictions until he decided to run for the Assembly and that he was concerned about Google buses but wanted to charge them less than $1 per stop. A third flyer claims Campos “lets wifebeater sheriff keep his job” for his vote against removing Sheriff Ross Mirkarimi from office for official misconduct.

“This is a secretly funded shadow organization aligned with David Chiu, committing a desperate move that is as illegal and it is false in its claims,” Campos told us, saying he hopes the FPPC is able to stop and punish those involved. 

Kink.com to hold Campos political fundraiser with exotic dancers

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Looks like the heat in the Assembly race is about to turn up a notch, but not in the way you’d expect.

State Assembly candidate and San Francisco Supervisor David Campos’ newest fundraiser will be hosted by the local pornographers, Kink.com, at the infamous Armory Club, the SF Examiner recently reported.

The porn-purveyors known for ball-and-gag videos, submission wrestling and sex robots, is located within the boundaries of Campos’ supervisoral district 9. 

But Kink.com’s reputation for delightful perversion begs a question: Just how kinky will the Kink.com political fundraiser get?

We went straight to CEO Peter Acworth for the answer, and it’s a bit hotter than we expected. An exotic dancer will be gyrating away in the Armory Club’s VIP area, Acworth confirmed for the Guardian. They dancer will be scantily clad, he noted, but won’t be nude. 

The $300 VIP tickets will also grant a “stimulating private tour” of the historic Armory building and cocktails.

Acworth said he’s backing Campos because he’s a politician who “isn’t afraid of a little kink.”

“He is one of the rare politicians who has ever reached out to me,” Acworth said, “and is unafraid of the association.”

And that association could prove beneficial for Kink.com down the road. New proposed legislation could create a state-level condom requirement on porn film sets. As Acworth told us last month, if that legislation passes he’d pack up his porn empire and move to Nevada, as many Los Angeles based porn companies already have before him. Notably, Kink.com was fined by CAL/OSHA for allegedly not using condoms on set.

Having a friend in the Assembly may be one way to put the breaks on the condom requirement legislation. 

“I believe he is more likely to listen and seek to understand our issues,” Acworth said. Beyond condom use though, the CEO said he believed Campos’ would be a staunch advocate for the LGBT community.

We contacted Campos to see if he’d combat the condom ban if elected, but didn’t hear back from him before publishing.

Campos isn’t the only Assembly candidate to have a good time on the campaign trail. To give credit where credit is due, candidate and Board of Supervisors President David Chiu had his own fun fundraiser (and birthday party) recently, hosting a roller disco.

Supervisors propose increased funding for youth services

José-Luis Mejia says he’s seen a little bit of everything in his work with transitional-age youth.

A few have died suddenly; others wound up incarcerated. Then there are those who beat the odds by attending top-level universities, opening up their own businesses, or dedicating themselves to public service.

When a mentor interacts with youth aging out of foster care, Mejia said, “you don’t know what that young person is going through.” He himself had the experience of turning his life around as a young person after growing up in a violent household; he credits publically funded programs for at-risk youth with supporting his transformation.

As associate director of Transitional Age Youth San Francisco, Mejia was part of a grassroots coalition that has been working for about two years on crafting a measure that aims to increase funding for youth programs, seeking to give a boost to transitional-age youth services in particular.

The culmination of that effort was today’s introduction at the Board of Supervisors of a suite of new proposals to support youth programs, including a pair of charter amendments that will appear on the November ballot.

The first, sponsored by Sup. John Avalos with Sups. David Campos, Malia Cohen, Jane Kim, Norman Yee, and London Breed as cosponsors, would renew the existing Children’s Fund, renaming it the Children and Youth Fund, and increasing the property-tax set-aside that supports it from three cents per $100 of assessed valuation to five cents.

Throughout the room at a press conference held in City Hall today with members of the Board and a coalition of youth advocates, attendees sported hats with neon stickers that read: “Our kids are worth two cents.”

As part of this measure, funding would be designated for programs set up to aid “disconnected transitional-aged youth,” including homeless or disabled youth, unmarried parents, those who identify as LGBTQ or are aging out of foster care, and other specified categories. The amendment would also create a Commission on Children, Youth, and Their Families, to oversee the Department of Children Youth and their families.

“At the end of this process, I hope to have the support of eleven members of the board,” Avalos noted. However, members of the Board of Supervisors who are sponsoring the legislation have already received from pushback from Mayor Ed Lee, who has reportedly been pressuring supervisors not to support Avalos’ measure. (Lee’s press office did not return a call seeking comment.)

“As we all know, San Francisco is experiencing incredible economic activity,” Avalos said at this afternoon’s press conference. “We’re experiencing growth and speculation that is lifting many boats, but not lifting all boats. And some of the people who are not doing so well are children and families – we’ve seen a decline in our population of families with children, over the past few decades, and it’s time that we … put the resources forward that are going to make it possible for San Francsicans and families to find affordability here.”

A second, closely related charter amendment, carried by Sup. Jane Kim with Yee as a cosponsor, would renew the Public Education Enrichment Fund, eliminate its expiration date, and provide for universal access to early childhood education for kids between three and five years instead of starting at age four.

The Public Education Enrichment Fund and the Children’s Fund, created after being placed on the ballot in 1991, currently set aside over $100 million for children and youth in San Francisco. The funding sources would sunset if action were not taken to extend them.

Two views of the waterfront

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rebecca@sfbg.com

The Golden State Warriors’ announcement that its planned 18,000-seat basketball arena would be moved off the San Francisco waterfront was fresh in everyone’s mind when former San Francisco Mayor Art Agnos visited the Bay Guardian office on April 23, and he was electrified by the win.

“I resent anyone suggesting that this is not a genuine people-powered victory — again,” Agnos said. “Because that’s what it was, bottom line.”

The former mayor has traveled up and down the city in recent months promoting Proposition B, an initiative on the June 3 ballot that may well have cleared the Warriors Arena from its proposed waterfront perch at Piers 30-32 had the team not announced that it would be taking that step independently.

If it passes, Prop. B will require voter approval for any development project along city-owned waterfront property that exceeds height limits set by the Waterfront Land Use Plan approved in 1997. Such a rule would have squarely targeted the Warriors’ proposal.

The sports arena had been slated for a 13-acre parcel a stone’s throw from the Bay Bridge that is now a parking lot, where it would have hovered above the water like a floating spacecraft. Across the street, at a site known as Seawall Lot 330, the Warriors had proposed installing shops, parking, a condo tower, and a hotel.

Agnos and the backers of Prop. B hadn’t anticipated the Warriors’ announcement that its waterfront venue would be moved to private property, a 12-acre lot in Mission Bay purchased from tech giant Salesforce.com.

“We thought, because people at the top of this city’s government told us so, they would prevail,” Agnos said of Mayor Ed Lee and others championing the waterfront arena. “They didn’t.”

Agnos and his allies say it was the prospect of voters having to sign off on a proposal that was hatched behind closed doors that caused the Warriors to choose a more appropriate location.

“We helped them go to a different place where we now support what they’re doing — because it makes more sense for this city, and for our bay, as well as our waterfront. That’s what the issue is,” Agnos told us. “The spin doctors had their ass handed to ’em … had their ass handed to ’em, by a low-income group of allies, over their $20,000–$30,000, gold-plated contracts per month. And so now, they understand.”

They understand that the waterfront of San Francisco is a battleground and the people are willing to fight to ensure the public interest trumps private profits.

pier70

A rendering of proposed development at Pier 70, envisioning tech offices and housing.

PRECIOUS PARCELS

A historic map hanging in a corridor at the Port of San Francisco building, in a rehabbed terminal at Pier 1 along The Embarcadero, traces the original curve of a coastline that once separated the city from San Francisco Bay.

The existing waterfront juts out considerably from where its natural edge once fell, and today’s urban landscape features a mix of entire neighborhoods, tall buildings, parks, restaurants, merchant corridors, and transport terminals, all perched atop fill covered by layers of concrete.

Its shipping days long gone, much of San Francisco’s human-constructed waterfront now serves as a draw for visitors, the iconic subject of countless tourist photographs. But at other locations along the shoreline, vacant waterfront parcels are hotly contested land-use battlefronts.

“We’re clearly in a period of significant controversy,” the Port’s Special Project Manager Brad Benson told us. The Warriors Arena, Benson said, had been an opportunity for the Port to rehabilitate and generate revenue from Piers 30-32, which originated as two finger piers constructed in 1912, joined by a concrete slab in the 1950s.

Despite being in control of some of the most valuable real estate along the West Coast, the Port of San Francisco remains in a perpetual financial pinch, due to its need to fix up crumbling piers and aging infrastructure. The Port is governed by a Waterfront Land Use Plan, outlining possible uses for each parcel, and it also conducted a survey to identify properties that could be developed to help generate revenue.

“The Port has a big capital need,” Benson said, noting that many of the “piers and buildings were beyond their useful life when they were transferred to the city” from the state in 1968. Facing nearly $2 billion in capital needs, the Port’s modus operandi is to seek out private developers to partner with on development projects for parcels under its ownership, in order to secure funding that would go toward backlogged improvements.

That didn’t happen with the Warriors, however — the sports team approached the city out of the blue, and the project quickly won the fervent backing of Mayor Lee, who has appointment power over the five-member commission that governs the Port. At one point, Lee even claimed that this flashy sports arena would be his “legacy project.”

To longtime grassroots activists who are deeply involved in how land-use decisions are made on valuable waterfront parcels, it looked to be yet another example of what Prop. B supporter Jennifer Clary called “kneejerk development” — out of sync with carefully thought out shoreline planning efforts.

“The Port gets jerked around by every mayor,” said Clary, president of San Francisco Tomorrow, part of the coalition backing Prop. B. “Every mayor comes up with some stupid project.” She ticked off a list of failed waterfront developments (such as Mills Mall, proposed for Piers 27-31; and a 50-story U.S. Steel Building that would have towered over the Ferry Building), only to have them voted down or halted by grassroots neighborhood activists who viewed them as inappropriate designs fueled by greed and greased by political connections.

Behind the objection to Prop. B, Clary added, “is that the mayor will have to think a little more” before backing projects of this nature.

Whether opponents of the Warriors Arena plan looked at it and saw a traffic nightmare, an inappropriate use of public land, or a bad financial deal for a city needing to contend with ever-growing pressures on its critical infrastructure, members of the coalition that’s backing Prop. B feared the public would have little sway when it came to the final decision-making. A bid to restore that balance, by arming voters with veto power under the law, was the impetus behind Prop. B.

City Hall has ignored the will of regular folks who collectively own Port land along the shoreline, said Agnos, campaign consultant Jon Golinger, and Prop. B proponent and Sierra Club volunteer Becky Evans — listening only to the Mayor’s Office and deep-pocketed developers who stand to make millions by building on extremely valuable land that’s held in the public trust under California law.

“The people are putting the developers in touch with the values of this city, and what we want in this city,” Agnos said, thumping his index finger on the table to emphasize the point. “Prop. B puts people in the room who have not been there, and now [developers] have to pay attention.”

The task of developing Piers 30-32 would have required expensive substructure modification, requiring the involvement of bureaucratic agencies such as the US Army Corps of Engineers, the Bay Conservation Development Commission, and the State Lands Commission. The Warriors estimated that it would invest $120 million in improvements such as seismic upgrades and an elevation grade to deal with the looming problem of sea-level rise, but the threat of having to win voter approval represented yet another hoop to jump through. So when a new option opened up offering greater certainty, the Warriors pulled the plug on Piers 30-32.

Even though Lee’s “legacy project,” the main physical target of Prop. B, is no longer a factor in the June election, backers of the initiative say the measure is still important to restore democratic balance in a development process that freezes out ordinary citizens. Opponents, meanwhile, say the initiative threatens to undermine a complex planning process that engages the public and needn’t be tampered with.

 

IN THE PIPELINE

Prop. B would prohibit city officials from approving taller buildings than are currently allowed under zoning for Port-owned waterfront parcels, unless voters give those height increases a green light at the ballot box.

Since many of the properties in question are already built out, or preserved by historic landmark designation, Prop. B would impact only a handful of waterfront lots that remain in play as potential sites for new development. Among them are Piers 30-32 and Seawall Lot 351, the site of the 8 Washington luxury condo tower that the electorate flushed down the tubes in a decisive ballot referendum vote last fall, despite Board of Supervisors’ approval.

The same group that opposed 8 Washington launched Prop. B. Last year’s ballot referendum — also named Prop. B, and buoyed by the campaign slogan No Wall on the Waterfront — asked voters whether they favored increasing building heights above the zoning limit at the waterfront site where the luxury condo project would have gone.

San Francisco voters, in no mood to support a high rise for the superrich at a time when anger over skyrocketing rents was bubbling over and droves of low-income residents were being edged out by eviction, shot it down. Many political observers took the outcome as a signal that City Hall politicians are out of touch with voters.

Simon Snellgrove, the developer of the failed 8 Washington project, is reportedly working on a new building design. But since any new plans for 8 Washington are embryonic at best, and the fate of Piers 30-32 is anyone’s guess, the Prop. B ballot measure has immediate implications for two waterfront developments in particular.

One, on and around Pier 48, is being pushed by the San Francisco Giants. The other lies farther south, at Pier 70, a sprawling strip of waterfront that runs behind Illinois Street, from The Ramp restaurant at Mariposa to the old Potrero Power Plant.

giantsdev

The Giants’ planned development would be a short distance from AT&T Park. 

During World War II, some 18,500 workers built ships at Pier 70 for the war effort, in brick and metal warehouses that still stand vacant and dilapidated. The site also housed a coal-fired power plant that was later converted to natural gas, leaving behind toxic residue that is up to Pacific Gas and Electric Co. to remediate. Farther north along Pier 70, BAE Systems conducts ship repair, a task that has been performed at the site since 1868.

Today, a 28-acre parcel of Pier 70 that is proposed for development by Forest City is home to nothing more than pigeons, feral cats, and the occasional hawk that swoops into a cavernous metal-roofed structure that stands near the waterfront and dates back to 1941, barely visible from the street. Someday in the not-so-distant future, developers imagine it will be populated with tech office workers (Google is used as an example of an anchor tenant in slides presented to the city), makers and small vendors, and thousands of residents who would call the place home.

The site is zoned with a 40-foot height limit, but developers are considering plans with a range of building heights that would be on a similar scale to Mission Bay. Part of the improvements to the property will require raising the elevation grade to deal with sea-level rise. Forest City has planned for a minimum of around 1,000 residential units — the majority market-rate, but with a mix of affordable housing as well.

Representatives from Forest City said that if Prop. B passes, “We’ll be prepared to seek voter approval with a dynamic project guided by … a community-based master plan,” and had not taken an official stance on the ballot measure. If voters were to reject an increase of the 40-foot height limit at the site, which is zoned for heavy industry, the project would no longer be financially feasible.

 

GIANT TOWER SCRUTINIZED

At Seawall Lot 337, a parcel near the Giants’ stadium which is primarily used as a parking lot during baseball games, the team is backing a project that would include 3.5 million square feet of new residential, office, and retail development, possibly including a 380-foot tower. Across the way at Pier 48 would be a new Anchor Steam brewery, and about five acres of open space.

The Giants plan resulted from the Port’s request for potential development partners to submit bids for that property, which went out in 2007.

“They very quietly have been pushing a plan that Prop. B made public,” Golinger said of the Giants’ plans. “They screamed at everyone involved in our coalition during the signature drive to get us to drop it. They funded a lawsuit … to get it kicked off the ballot.”

The Guardian independently confirmed that the team is part of the group that has challenged Prop. B in court. That legal challenge was unsuccessful in getting the initiative struck from the June ballot, but a judge could take up the question again if Prop. B is approved.

The parcel where the Giants have pitched a rental housing, office, and retail complex with a maximum height limit of 380 feet is zoned with a height limit of zero, zoned for open space in city plans. Nevertheless, “The [Port’s request for qualifications] called for developing up to 300 feet,” Benson explained, calling the current zoning “a remnant of the old Mission Bay plan,” which envisioned a park with wetlands and open space. The Port’s request for proposals went out after a subcommittee was formed, and public hearings were held on the design plans.

Asked why the Port would bake such a tall height limit into its RFQ, Benson responded, “There was a desire to avoid replicating the heights at Mission Bay,” the nearby redevelopment area characterized by lower, boxy buildings that seem to be universally regarded as ugly and lacking charm.

Few people are as intimately familiar with Mission Bay as Corinne Woods, whose houseboat is enveloped on either side by the sprawling development. When Woods first claimed a berth at Mission Creek for her floating home in 1985, “it was surrounded by open empty fields, abandoned warehouses, and lots of fennel,” she said. “We had wonderful parties.”

Outside her dock just off Channel Street is a community garden, a strip of green space shaded by willow and eucalyptus trees where night herons take refuge. Just beyond that is the Mission Bay South redevelopment area, a sprawling construction site that’s ushered in building cranes, swirling dust, pile drivers, and more recently, a five-alarm blaze that required the entire Fire Department to extinguish.

The fledgling neighborhood that now occupies the already-built part of Mission Bay might as well have dropped out of the sky, and the building profiles are wide and flat. “I would rather see slim, articulated towers, with more open space,” Woods admitted.

In the years between 1985 and today, Woods has fought the Port on behalf of her live-aboard community to be allowed to remain floating in place, becoming an unlikely expert on the byzantine process of waterfront planning along the way.

As a key member of half-dozen or so community advisory groups formed to weigh in on major waterfront developments, Woods has ardent faith in the civic engagement aspect of the planning process. She fears Prop. B could upset years of careful neighborhood negotiations by limiting the discussion to nothing more than a conversation about height limits.

houseboat

Corinne Woods opposes Prop. B.

Woods is a plaintiff in the lawsuit the Giants are funding to challenge Prop. B, aligned with developer-friendly housing activist Tim Colen and building trades head Michael Theriault on the side that opposes Prop. B. But despite the millions of dollars that are on the line, Woods insists she has no dog in this fight. “I can’t even get free tickets to Giants games,” she said.

She does hope for the five-acre park that the Giants plan would install as part of the Seawall 337 / Pier 48 plan, a short walk from her houseboat. But she says her opposition to Prop. B is rooted in her experience of a traditional planning process that rewards neighbors who have the patience to sit through hours of grueling advisory group meetings with negotiating power vis-à-vis developers. Asked directly what the problem is with letting voters weigh in, Woods responded, “Because they don’t know what the fuck they’re talking about!”

But that leave-it-to-the-experts attitude is just the thing that Prop. B’s backers say is dangerous for waterfront planning, since it places final decision-making in the hands of profit-seeking real estate interests, a public agency in dire need of funding, and a mayor with political ties to developers.

 

THE HOUSING QUESTION

Given that the thrust of Prop. B is to democratize the planning process, few are in a hurry to align themselves with the formal No on B campaign — most of the opposition money seems to have been funneled into the Giants’ lawsuit, even though the Giants have officially taken a neutral stance on Prop. B. However, the message from opponents of Prop. B is that the initiative would kill sorely needed housing.

The Port of San Francisco, which is legally barred from taking a position on the initiative, reported in a February analysis to the Department of Elections that it could have the effect of leaving between 1,990 and 3,690 new housing units “delayed, reduced, or abandoned,” including between 268 and 596 affordable units. Those figures are based on early project proposals brought by the Warriors, the Giants, and Forest City, assuming those planning proposals would be “delayed by a need for a vote, or rejected by the voters” under a Prop. B regime.

A nonbinding Giants term sheet notes that the team would build rental housing, 15-20 percent of those units affordable, while Forest City’s Pier 70 proposal includes 1,000 new housing units with on-site affordable that would exceed the 12 percent required under city law.

Targeting housing “is a scary message,” campaign consultant Golinger said, charging the opposition with preying on voters’ fears to encourage people to vote down a measure that would democratize waterfront planning.

“This myth that we’re trying to stop housing is just that,” Agnos chimed in. “It’s just a political ploy by those who want to build high-end, high-rise, luxury condos — a la 8 Washington, a la Giants — on public property.”

The housing question is key. At a time when so many people are facing eviction or being priced out, the refrain that building more housing is the only solution to relieve pressure is oft-repeated, particularly by developers. However, these projects would introduce far more market-rate units than affordable projects, plopping down well-to-do neighborhoods in spaces that have sat on the margins in recent history, further changing the social character of the city. And proponents of Prop. B question whether the waterfront is really the right place to add new affordable units.

Meanwhile, the affordable housing community seems to be aligned in its support of Prop. B. The San Francisco Tenants Union, the Affordable Housing Alliance, the AIDS Housing Alliance of San Francisco, and other organizations that have aligned to push for stronger tenants’ rights and promote affordable housing have all endorsed the measure.

WHO DECIDES?

Given the popularity of a measure that fundamentally seeks to democratize the planning process, all development teams with skin in the game have declined to take a position on the measure. So have Mayor Lee and Board of Supervisors President David Chiu, who each played significant roles in recent waterfront battles, with Lee championing the Warriors Arena and Chiu opposing 8 Washington and assisting with the signature-gathering effort to stop it.

Sup. David Campos, in contrast with Chiu and Lee, has taken a stance on Prop. B. In a recent interview, he outlined his reasons for supporting it.

“I think that something has happened in City Hall, where I think the approval process is such that it has led to certain projects being approved that don’t really reflect the reality of what this city needs, and that have truly left the public out of the process in a meaningful way,” Campos told us. “And 8 Washington passed 8-3 at the Board of Supervisors, with a supermajority. The fact that the voters overwhelmingly rejected that project tells you that there has been a disconnect between what the board and folks in City Hall are doing, and where the public actually is.” To correct that imbalance and allow more San Franciscans to shape the city’s waterfront, Campos said, “I think it’s appropriate for us to go to the ballot and let the voters decide.”

Guardian endorsements

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OUR CLEAN SLATE VOTERS GUIDE TO TAKE TO THE POLLS IS HERE.

 

Editor’s Note: Election endorsements have been a long and proud part of the Guardian’s 48-year history of covering politics in San Francisco, the greater Bay Area, and at the state level. In low-turnout elections like the one we’re expecting in June, your vote counts more than usual, and we hope our endorsements and explanations help you make the best decisions.

 

GOVERNOR: JERRY BROWN

There is much for progressives to criticize in Jerry Brown’s latest stint as governor of California. He has stubbornly resisted complying with federal court orders to substantially reduce the state’s prison population, as well as shielding the system from needed journalistic scrutiny and reforms of solitary confinement policies that amount to torture. Brown has also refused to ban or limit fracking in California, despite the danger it poses to groundwater and climate change, irritating environmentalists and fellow Democrats. Even Brown’s great accomplishment of winning passage for the Prop. 30 tax package, which eased the state back from financial collapse, sunsets too early and shouldn’t have included a regressive sales tax increase. Much more needs to be done to address growing wealth disparities and restore economic and educational opportunity for all Californians.

For these reasons and others, it’s tempting to endorse one of Brown’s progressive challenges: Green Party candidate Luis Rodriguez or Peace and Freedom Party candidate Cindy Sheehan (see “Left out,” April 23). We were particularly impressed by Rodriguez, an inspiring leader who is seeking to bring more Latinos and other marginalized constituencies into the progressive fold, a goal we share and want to support however we can.

But on balance, we decided to give Brown our endorsement in recognition of his role in quickly turning around this troubled state after the disastrous administration of Arnold Schwarzenegger — and in the hope that his strong leadership will lead to even greater improvement over his next term. While we don’t agree with all of his stands, we admire the courage, independence, and vision that Brown brings to this important office. Whether he is supporting the California High-Speed Rail Project against various attacks, calling for state residents to live in greater harmony with the natural world during the current drought, or refusing to shrink from the challenges posed by global warming, Jerry Brown is the leader that California needs at this critical time.

 

LIEUTENANT GOVERNOR: GAVIN NEWSOM

Gavin Newsom was mayor of San Francisco before he ascended to the position of Lieutenant Governor, and we at the Bay Guardian had a strained relationship with his administration, to put it mildly. We disagreed with his fiscally conservative policies and tendency to align himself with corporate power brokers over neighborhood coalitions. As lieutenant governor, Newsom is tasked with little — besides stepping into the role of governor, should he be called upon to do so — but has nevertheless made some worthwhile contributions.

Consider his stance on drug policy reform: “Once and for all, it’s time we realize that the war on drugs is nothing more than a war on communities of color and on the poor,” he recently told a crowd at the Democratic Party convention in Los Angeles. “It is fundamentally time for drug policies that recognize and respect the full dignity of human beings. We can’t wait.” In his capacity as a member of the UC Board of Regents, Newsom recently voted against a higher executive compensation package for a top-level administrator, breaking from the pack to align with financially pinched university students. In Sacramento, Newsom seems to come off as more “San Francisco” than in his mayoral days, and we’re endorsing him against a weak field of challengers.

 

SECRETARY OF STATE: DEREK CRESSMAN

Although the latest Field Poll shows that he has only single-digit support and is unlikely to make the November runoff, we’re endorsing Derek Cressman for Secretary of State. As a longtime advocate for removing the corrupting influence of money from politics through his work with Common Cause, Cressman has identified campaign finance reform as the important first step toward making the political system more responsive to people’s needs. As Secretary of State, Cressman would be in a position to ensure greater transparency in our political system.

We also like Alex Padilla, a liberal Democrat who has been an effective member of the California Senate. We’ll be happy to endorse Padilla in November if he ends up in a runoff with Republican Pete Peterson, as the current polling seems to indicate is likely. But for now, we’re endorsing Cressman — and the idea that campaign finance reform needs to be a top issue in a state and country that are letting wealthy individuals and corporations have disproportionate influence over what is supposed to be a democracy.

 

CONTROLLER: BETTY YEE

The pay-to-play politics of Leland Yee and two other California Democrats has smeared the Assembly. Amid the growls of impropriety, a report by the Center for Investigative Reporting has painted Speaker of the Assembly John Perez, a leading candidate for Controller, with a similar brush. CIR revealed Perez raised money from special interest groups to charities his lover favored, a lover later sued for racketeering and fraud.

Betty Yee represents an opportunity for a fresh start. On the state’s Board of Equalization she turned down campaign donations from tobacco interests, a possible conflict of interest. She also fought for tax equity between same-sex couples. The Controller is tasked with keeping watch on and disbursing state funds, a position we trust much more to Yee’s careful approach than Perez’s questionable history. Vote for Yee.

 

TREASURER: JOHN CHIANG

While serving as California’s elected Controller, John Chiang displayed his courage and independence by refusing to sign off on budgetary tricks used by then-Gov. Arnold Schwarzenegger and some legislative leaders, insisting on a level of honesty that protected current and future Californians. During those difficult years — as California teetered on the brink of bankruptcy, paralyzed by partisan brinksmanship each budget season, written off as a failed state by the national media — Chiang and retiring Treasurer Bill Lockyer were somehow able to keep the state functioning and paying its bills.

While many politicians claim they’ll help balance the budget by identifying waste and corruption, Chiang actually did so, identifying $6 billion by his estimate that was made available for more productive purposes. Now, Chiang wants to continue bringing fiscal stability to this volatile state and he has our support.

 

ATTORNEY GENERAL: KAMALA HARRIS

Kamala Harris has kept the promise she made four years ago to bring San Francisco values into the Attorney General’s Office, focusing on the interests of everyday Californians over powerful vested interests. That includes strengthening consumer and privacy protections, pushing social programs to reduce criminal recidivism rather than the tough-on-crime approach that has ballooned our prison population, reaching an $18 billion settlement with the big banks and mortgage lenders to help keep people in their homes, and helping to implement the Affordable Care Act and the legalization of same-sex marriage in the state.

Harris has maintained her opposition to the death penalty even though that has hurt her in the statewide race, and she brings to the office an important perspective as the first woman and first African American ever to serve as the state’s top law enforcement officer. While there is much more work to be done in countering the power of wealthy individuals and corporations and giving the average Californian a stronger voice in our legal system, Harris has our support.

 

INSURANCE COMMISSIONER: DAVE JONES

We’ve been following Dave Jones’s legislative career since his days on the Sacramento City Council and through his terms in the California Legislature, and we’ve always appreciated his autonomy and progressive values. He launched into his role as Insurance Commissioner four years ago with an emergency regulation requiring health insurance companies to use no more than 20 percent of premiums on profits and administrative costs, and he has continued to do what he can to hold down health insurance rates, including implementing the various components of the Affordable Care Act.

More recently, Jones held hearings looking at whether Uber, Lyft, and other transportation network companies are adequately insured to protect both their drivers and the general public, concluding that these companies need to self-insure or otherwise expand the coverage over their business. It was a bold and important move to regulate a wealthy and prosperous new industry. Jones deserves credit for taking on the issue and he has earned our endorsement.

 

SUPERINTENDENT OF SCHOOLS: TOM TORLAKSON

This race is a critical one, as incumbent Tom Torlakson faces a strong challenge from the charter school cheerleader Marshall Tuck. An investment banker and Harvard alum, Tuck is backed by well-heeled business and technology interests pushing for the privatization of our schools. Tech and entertainment companies are pushing charter schools heavily as they wait in the wings for lucrative education supply contracts, for which charter schools may open the doors. And don’t let Waiting for Superman fool you, charter schools’ successful test score numbers are often achieved by pushing out underperforming special needs and economically disadvantaged students.

As national education advocate Diane Ravitch wrote in her blog, “If Tuck wins, the privatization movement will gain a major stronghold.” California ranks 48th in the nation in education spending, a situation we can thank Prop. 13 for. We’d like to see Torlakson advocate for more K-12 school dollars, but for now, he’s the best choice.

 

BOARD OF EQUALIZATION: FIONA MA

Fiona Ma was never our favorite member of the San Francisco Board of Supervisors, and in the California Legislature, she has seemed more interested in party politics and leadership than moving legislation that is important to San Francisco. There are a few exceptions, such as her attempts last year to require more employers to offer paid sick days and to limit prescription drug co-payments. But she also notoriously tried to ban raves at public venues in 2010, a reactionary bill that was rejected as overly broad.

But the California Board of Equalization might just be a better fit for Ma than the Legislature. She’s a certified public accountant and would bring that financial expertise to the state’s main taxing body, and we hope she continues in the tradition of her BOE predecessor Betty Yee in ensuring the state remains fair but tough in how it collects taxes.

 

ASSEMBLY, DISTRICT 17: DAVID CAMPOS

The race to replace progressive hero Tom Ammiano in the California Assembly is helping to define this important political moment in San Francisco. It’s a contest between the pragmatic neoliberal politics of Board of Supervisors President David Chiu and the populist progressive politics of Sup. David Campos, whom Ammiano endorsed to succeed him.

It’s a fight for the soul of San Francisco, a struggle to define the values we want to project into the world, and, for us at the Bay Guardian, the choice is clear. David Campos is the candidate that we trust to uphold San Francisco’s progressive values in a state that desperately needs that principled influence.

Chiu emphasizes how the two candidates have agreed on about 98 percent of their votes, and he argues that his effectiveness at moving big legislation and forging compromises makes him the most qualified to represent us in Sacramento. Indeed, Chiu is a skilled legislator with a sharp mind, and if “getting things done” — the prime directive espoused by both Chiu and Mayor Ed Lee — was our main criterion, he would probably get our endorsement.

But when you look at the agenda that Chiu and his allies at City Hall have pursued since he came to power — elected as a progressive before pivoting to become a pro-business moderate — we wish that he had been a little less effective. The landlords, tech titans, Realtors, and Chamber of Commerce have been calling the shots in this city, overheating the local economy in a way that has caused rapid displacement and gentrification.

“Effective for whom? That’s what’s important,” Campos told us during his endorsement interview, noting that, “Most people in San Francisco have been left behind and out of that prosperity.”

Campos has been a clear and consistent supporter of tenants, workers, immigrants, small businesses, environmentalists — the vast majority of San Franciscans, despite their lack of power in City Hall. Chiu will sometimes do right by these groups, but usually only after being pushed to do so by grassroots organizing and lobbying efforts.

Campos correctly points out that such lobbying is more difficult in Sacramento, with its higher stakes and wider range of competing interests, than it is on the local level. Chiu’s focus on always trying to find a compromise often plays into the hands of wealthy interests, who sometimes just need to be fought and stopped.

We have faith in Campos and his progressive values, and we believe he will skillfully carry on the work of Ammiano — who is both an uncompromising progressive and an effective legislator — in representing San Francisco’s values in Sacramento.

 

ASSEMBLY, DISTRICT 19: PHIL TING

Incumbent Phil Ting doesn’t have any challengers in this election, but he probably would have won our support anyway. After proving himself as San Francisco’s Assessor, taking a strong stance against corporate landowners and even the Catholic Church on property assessments, Ting won a tough race against conservative businessman Michael Breyer to win his Assembly seat.

Since then, he’s been a reliable vote for legislation supported by most San Franciscans, and he’s sponsoring some good bills that break new ground, including his current AB 1193, which would make it easier to build cycletracks, or bike lanes physically separated from cars, all over the state. He also called a much-needed Assembly committee hearing in November calling out BART for its lax safety culture, and we hope he continues to push for reforms at that agency.

 

PROPOSITION 41: YES

Over a decade ago, Californians voted to use hundreds of millions of our dollars to create the CalVet Home and Farm Loan Program to help veterans purchase housing. But a reduction in federal home loan dollars, the housing crisis, and a plummeting economy hurt the program.

Prop. 41 would repurpose $600 million of those bond funds and raise new money to create affordable housing rental units for some of California’s 15,000 homeless veterans. This would cost Californians $50 million a year, which, as proponents remind us, is one-tenth of 1 percent of the state budget. Why let hundreds of millions of dollars languish unused? We need to reprioritize this money to make good on our unfulfilled promises to homeless veterans.

 

PROPOSITION 42: YES

This one’s important. Last year, Gov. Jerry Brown sought to gut the California Public Records Act by making it optional for government agencies to comply with many of the requirements built into this important transparency law. The CPRA and the Ralph M. Brown Act require government agencies to make records of their activities available for public scrutiny, and to provide for adequate notice of public meetings. Had the bill weakening these laws not been defeated, it would have removed an important defense against shadowy government dealings, leaving ordinary citizens and journalists in the dark.

Prop. 42 is a bid to eliminate any future threats against California’s important government transparency laws, by expressly requiring local government agencies — including cities, counties, and school districts — to comply with all aspects of the CPRA and the Brown Act. It also seeks to prevent local agencies from denying public records requests based on cost, by eliminating the state’s responsibility to reimburse local agencies for cost compliance (the state has repeatedly failed to do so, and local bureaucracies have used this as an excuse not to comply).

 

SF’S PROPOSITION A: YES

Prop. A is a $400 million general obligation bond measure that would cover seismic retrofits and improvements to the city’s emergency infrastructure, including upgrades to the city’s Emergency Firefighting Water System, neighborhood police and fire stations, a new facility for the Medical Examiner, and seismically secure new structures to house the police crime lab and motorcycle unit.

The Board of Supervisors voted unanimously to place Prop. A on the ballot, and a two-thirds majority vote is needed for it to pass. Given that San Franciscans can expect to be hit by a major earthquake in the years to come, upgrading emergency infrastructure, especially the high-pressure water system that will aid the Fire Department in the event of a major blaze, is a high priority.

 

SF’S PROPOSITION B: YES

As we report in this issue (see “Two views of the waterfront”), San Francisco’s waterfront is a valuable place targeted by some ambitious development schemes. That’s a good thing, particularly given the need that the Port of San Francisco has for money to renovate or remove crumbling piers, but it needs to be carefully regulated to maximize public benefits and minimize private profit-taking.

Unfortunately, the Mayor’s Office and its appointees at the Port of San Francisco have proven themselves unwilling to be tough negotiators on behalf of the people. That has caused deep-pocketed, politically connected developers to ignore the Waterfront Land Use Plan and propose projects that are out-of-scale for the waterfront, property that San Francisco is entrusted to manage for the benefit of all Californians.

All Prop. B does is require voter approval when projects exceed existing height limits. It doesn’t kill those projects, it just forces developers to justify new towers on the waterfront by providing ample public benefits, restoring a balance that has been lost. San Francisco’s waterfront is prime real estate, and there are only a few big parcels left that can be leveraged to meet the needs of the Port and the city. Requiring the biggest ones to be approved by voters is the best way to ensure the city — all its residents, not just the politicians and power brokers — is getting the best deals possible.

 

SF SUPERIOR COURT JUDGE: DANIEL FLORES

Daniel Flores has an impressive list of endorsers, including the Democratic, Republican, and Green parties of San Francisco — a rare trifecta of political party support. But don’t hold the GOP nod against Flores, who was raised in the Excelsior by parents who immigrated from El Salvador and who interned with La Raza Centro Legal while going to McGeorge School of Law. And he did serve in the Marines for six years, which could explain the broad range of support for him.

Flores is a courtroom litigator with experience in big firms and his own practice, representing clients ranging from business people to tenants fighting against their landlords. Flores told us that he wants to ensure those without much money are treated fairly in court, an important goal we support. We also liked Kimberly Williams and hope she ends up on the bench someday, but in this race, Flores is the clear choice.

 

CONGRESS, DISTRICT 12: NANCY PELOSI

This was a hard decision for us this year. Everyone knows that Pelosi will win this race handily, but in past races we’ve endorsed third party challengers or even refused to endorse anyone more often than we’ve given Pelosi our support. While Pelosi gets vilified by conservatives as the quintessential San Francisco liberal, she’s actually way too moderate for our tastes.

Over her 21 years in Congress, she has presided over economic policies that have consolidated wealth in ever fewer hands and dismantled the social safety net, environmental policies that have ignored global warming and fed our over-reliance on the private automobile, and military policies that expanded the war machine and overreaching surveillance state, despite her insider’s role on the House Intelligence Committee.

Three of her opponents — Democrat David Peterson, Green Barry Hermanson, and fiery local progressive activist Frank Lara of the Peace and Freedom Party — are all much better on the issues that we care about, and we urge our readers to consider voting for one of them if they just can’t stomach casting a ballot for Pelosi. In particular, Hermanson has raised important criticisms of just how out of whack our federal budget priorities are. We also respect the work Lara has done on antiwar and transit justice issues in San Francisco, and we think he could have a bright political future.

But we’ve decided to endorse Pelosi in this election for one main reason: We want the Democrats to retake the House of Representatives this year and for Pelosi to once again become Speaker of the House. The Republican Party in this country, particularly the Tea Party loyalists in the House, is practicing a dangerous and disgusting brand of political extremism that needs to be stopped and repudiated. They would rather shut the government down or keep it hopelessly hobbled by low tax rates than help it become an effective tool for helping us address the urgent problems that our country faces. Pelosi and the Democrats aren’t perfect, but at least they’re reasonable grown-ups and we’d love to see what they’d do if they were returned to power. So Nancy Pelosi has our support in 2014.

 

CONGRESS, DISTRICT 13: BARBARA LEE

Barbara Lee has been one of our heroes since 2001, when she was the only member of Congress to vote against the Authorization for the Use of Military Force Against Terrorists, braving the flag-waving nationalism that followed the 9/11 attacks on the World Trade Center and Pentagon to warn that such an overly broad declaration of war was dangerous to our national interests. She endured death threats and harsh condemnation for that principled stand, but she was both courageous and correct, with our military overreach still causing problems for this country, both practical and moral.

Lee has been a clear and consistent voice for progressive values in the Congress for 16 years, chairing both the Congressional Black Caucus and Congressional Progressive Caucus, taking stands against capital punishment and the Iraq War, supporting access to abortions and tougher regulation of Wall Street, and generally representing Oakland and the greater Bay Area well in Washington DC. She has our enthusiastic support.

 

CONGRESS, DISTRICT 14: JACKIE SPEIER

Jackie Speier has given her life to public service — almost literally in 1978 when she was an aide to then-Rep. Leo Ryan and survived the airstrip shootings that triggered the massacre at Jonestown — and she has earned our ongoing support. Speier has continued the consumer protection work she started in the California Legislature, sponsoring bills in Congress aimed at protecting online privacy. She has also been a strong advocate for increasing federal funding to public transit in the Bay Area, particularly to Muni and for the electricification of Caltrain, an important prelude to the California High-Speed Rail Project. In the wake of the deadly natural gas explosion in San Bruno, Speier has pushed for tough penalties on Pacific Gas & Electric and expanded pipeline safety programs. She has been a strong advocate of women’s issues, including highlighting the epidemic of sexual assault on college campuses and in the military, seeking greater protections, institutional accountability, and recourse for victims. More recently, Speier has become a key ally in the fight to save City College of San Francisco, taking on the federal accreditation process and seeking reforms. Speier is a courageous public servant who deserves your vote.

Will San Francisco Game of Thrones oust police commissioner?

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Police Commissioner Angela Chan did not pay fealty to the proper lords and houses, sources say, and in a true to life Game of Thrones, she may now lose her office. The throne in question is a seat on the Police Commission, which Chan may be reappointed to by the Board of Supervisors today [Tues/29], but her chances don’t look good. 

In a political tussle reminiscent of House Lannister’s schemes against House Stark, political machines far larger than the idealistic Chan are churning to keep her from regaining her political office. The forces of Chinatown community leader Rose Pak and her fellow power brokers are backing potential replacement police commissioner Victor Hwang, whose sudden candidacy took many off guard. 

As first reported by Tim Redmond of 48hills.org, Pak’s political pushers dialed every supervisor and marshalled their armies, hellbent on unseating Chan. 

They may win, but not because Chan was a bad commissioner. Actually, the problem might be that she was too effective, and now people in power want her out.

Expanding the mayor’s power

In a Rules Committee meeting Apr. 17, backers of both candidates wore their house sigils, green or white buttons meant to support their chosen candidate, both of whom are seemingly very qualified.

On the one side, Hwang is an ex-assistant district attorney, ex-public defender, ex-nonprofit attorney, and advocate with over 20 years of experience holding police to task for their wrongdoing. He’s fought human trafficking and litigated against out-of-control cops. 

But the incumbent, Chan, an attorney with the Asian Law Caucus, has many similar qualifications. She also has a proven track record on the Police Commission: she crafted the Crisis Intervention Team, tasked with de-escalating standoffs with mentally ill offenders; advocated language access in the police force; helped to revise rules protecting children at school facing arrest; and opposed arming police with tasers.

Both candidates have an extensive list of backers. District Attorney staffers, the Anti-Defamation League, advocates from the Chinatown Development Center, and Randy Shaw of the Tenderloin Housing Clinic all wrote to supervisors backing Hwang. The Guardian even named him a “local hero” in our Best of the Bay issue in 2004.

But the Coalition on Homelessness, San Francisco Women’s Political Committee, members of the Central Americans Resource Center, Board of Education President Sandra Fewer, the local NAACP, and even a retired police officer all backed Chan. The Guardian also named her a local hero, in 2010. 

A change.org petition calling for her reappointment to the commission has 255 signatures, as of this writing. 

Chan hasn’t yet given up the ghost.

“I’m hoping the full board will recognize I work extremely hard,” she told the Guardian. “I look after the community, especially those who are most marginalized.”

Though many issues have political bents and political sides, one aspect of this tussle reveals the power play behind the curtain: the two candidates are competing for one empty seat on the commission, when there are actually two seats vacant.

Why fight over just one seat? 

The answer lies in political motivations insiders would only outline for reporters on background. You see, in a city where many commissions (see: SFMTA) are fully appointed by the Mayor’s Office, and therefore beholden to his whims, the Police Commission has a mechanism to dilute that power — a minority of seats are appointed by the Board of Supervisors. The seat Chan and Hwang are fighting for is the supervisor appointed seat, and for now the mayor’s seat sits empty and uncontested.

Hwang was co-chair of Progress for All, which ran the Run, Ed, Run campaign for Lee’s mayoral candidacy. If the question was really just about making Hwang a commissioner, the mayor could appoint him today with a snap of his fingers. But that’s not the point.

Many insiders, including ones that seemingly support Hwang, told the Guardian that Mayor Ed Lee has plenty of reason to usher Chan out and appoint Hwang in her place. The SFPD long pushed for tasers but found a formidable opponent in Chan, and the mayor would benefit from police support next election, they said. Others said her combative style ruffled people’s feathers, a seemingly legitimate complaint until you consider more cooperative boards like the San Francisco Municipal Transportation Agency define “cooperative” by mostly voting in unison and with little discussion, coincidentally also often in agreement with the mayor’s positions.

Angela Chan asks an SFPD station captain if officers use verbal means to de-escalate situations. 

That’s why Chan is dangerous; she’s a freethinker, and a loud one at that. By pushing the supervisors to appoint Hwang, we were told, the mayor would unseat a potential political liability, and net a freebie commission seat appointment in the deal. 

Win-win.

This isn’t to say Hwang is a bad guy. He longs for public service (nicknaming his practice the Ronin Law Firm), and expressed disappointment in political power struggles beyond his control.

“For me it’s not about Angela, it’s about the police commission,” he told the Guardian. “To give Angela credit, I think the work she’s done on Crisis Intervention Team and language access are important issues.”

And for his part, he said that though many political entities aligned with political powerbroker Rose Pak are pushing for his appointment, he wouldn’t be beholden to her, or them.

“Are Chinatown issues important to me? Yes, they’re very important to me,” he said. “Am I going to answer to one or two folks just because of whoever they are? No. That would be putting my own 20 years of work aside to kowtow to one particular person over anyone else.”

Hwang told us Supervisor Eric Mar is asking the mayor to appoint him to the second vacant police commission seat, but if that effort isn’t successful Chan and Hwang will go head to head.

So the supervisors have a tough choice ahead of them, but for some, the decision is tougher than others.

Conflict of interest

Some of the supervisors have votes that are fair to guess at. Long time progressives like Sups. Mar, John Avalos, and David Campos are ideologically aligned with Chan, and have reason to vote in her favor. 

Chan needs six votes to be re-appointed to the commission, and some of those votes are up in the air.

Sups. Norman Yee, and Katy Tang voted to approve Chan in the Rules Committee, the first round before today’s Board of Supervisors vote. But that’s no guarantee they’ll vote for her again. 

Sup. Jane Kim has an odd conflict of interest. Ivy Lee, an attorney and one of Kim’s staffers, is Hwang’s romantic partner. The couple has three children together. He dedicated a brief he wrote for the Asian American Law Journal, “to my incredible partner Ivy Lee, who gave birth to our second son Kaiden, as I was writing the brief at the hospital.”

Is that conflict of interest grounds for Kim to recuse herself from the vote? Is it proper for her to vote to appoint her staffer’s partner to a political position? We reached out to Kim’s office but did not hear back from her before going to press. 

Board of Supervisors President David Chiu’s vote is also an open question. 

Chiu worked with Chan in 2011 to fight against the federal Secure Communities program, which as we then reported, was a database allowing the feds to circumvent local policies protecting local immigrants who have been arrested but not convicted of any crimes and deport them.

They were partners in the struggle for human rights. So will Chiu back his former ally, Chan, in her re-appointment?

We called, texted, and harangued Chiu to call us back, but did not hear from him before press time. To be fair, he’s running for the Assembly and was likely between one of his dozens of necessary appearances. He did have an aide call us back, but he was unable to give us a hint at which direction Chiu may vote in. 

Complicating his choice is a mix of allegiances. With so many former and current allies on both sides, Chiu will make someone angry no matter which potential police commissioner he votes for, insiders told us. 

And Chiu’s vote may be the deciding one. With real reform of the SFPD on the line, the stakes are higher than the fictional Game of Thrones.

Ultimately, Chiu will have to vote his conscience. 

Correction 3:28pm: The article earlier identified Ivy Lee as married to Victor Hwang. In actuality, Hwang and Lee are romantic partners who decided not to marry in direct protest of the LGBT community being denied the right to marry.

Update 6:50pm: The vote was cast, and Victor Hwang was appointed to the Police Commission in place of Angela Chan. Read our full story.

New coalition opposes Chiu’s Airbnb legislation UPDATED

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An unlikely coalition has formed to oppose legislation sponsored by Board of Supervisors President David Chiu that would legalize and regulate short-term apartment rentals facilitated by Airbnb and other online companies, which are now illegal in San Francisco.

[UPDATE: Some of those same opponents are also now threatening to place a rival measure on the fall ballot, the San Francisco Chronicle just reported. It reportedly shares some aspects with the Chiu legislation, such as a registration system, but it limits rentals to only commercial areas and includes rewards for those who turn in violators to the authorities].

The coalition includes landlord and tenant activists, as well as organized labor and neighborhood groups. It will square off against Airbnb and its hosts, which have pledged to lobby against limits created by the Chiu legislation — all of which could elevate this to the biggest fight of the summer at City Hall. Tomorrow [Tues/28], the coalition of opponents will rally outside City Hall at 10am, while Airbnb supporter will hold a “Speak Up for Home Sharing” rally at 12:30pm.

As we’ve been reporting, it took Chiu more than a year of negotiations with Airbnb, the San Francisco Tenants Union, affected city agencies, and other interested parties to arrive at legislation that requires hosts to register with the city, finally pay the city’s transient occupany tax, and limits stays to 90 nights per year.

But after more than two years of Airbnb’s defying city law and refusing to pay its taxes — scofflaw behavior tacitly supported by Mayor Ed Lee, who share a financial benefactor for the company in venture capitalist Ron Conway — several city constituencies pledged to oppose legislation that would now legalize its activities.

In particular, some longtime affordable housing and neighborhood activists say the legislation irresponsibly legalizes the conversion of residential apartments into tourist hotels throughout the city, creating neighborhood safety concerns and overturning decades of work to protect rent-controlled housing.

Meanwhile, Chiu’s opponent in the race for the Assembly District 17, David Campos, has been highlighting lobbying reports showing 61 contacts between representatives of Airbnb — including formers City Hall insiders David Owen and Alex Tourk — and Chiu’s office.

“Do you think tenant and neighborhood groups met with David Chiu 61 times?” Campos said during his endorsement interview with the Guardian last week, accusing Chiu of letting Airbnb write its own regulations without regard to neighborhood concerns.

Chiu didn’t immediately return our phone calls, but we’ll update this post if and when we hear back. [UPDATE: Chiu legislative aide Judson True just called and disputed how the legislation is being characterized by its opponents and rejecting calls to withdraw the legislation: “Everyone is entitled to a position on Sup. Chiu’s legislation, but we would hope they would engage in the legislative process and not just toss hand grenades. This is a serious policy issue that requires thoughtful dialogue and to simply call for the withdrawal of the legislation is irresponsible.”

True also said the legislation only legalized short term rentals “under very narrow circumstance and that legalization allows enforcement against the most egregious actors.” He also noted how Chiu has consistently opposed converting apartments to tourist uses and called for Airbnb to pay its taxes, calling the legislation a difficult balancing act: “We know that Airbnb has issues with the legislation. They didn’t write the legislation, period.”]

In the meantime, here’s the full text of the press release issued today by the new coalition, which will be holding a press conference at 10am tomorrow on the steps of City Hall:    

For Immediate Release: 
Monday, April 28, 2014

NEWS RELEASE

SAN FRANCISCO CITYWIDE COALITION SAYS NO 
TO PROPOSED CHIU LEGISLATION

Board of Supervisors trying to convert residential housing to 
short-term rentals

Press conference Tuesday April 29, 2014 Steps of City Hall at 10:00 am

San Francisco — Organizations representing usually divergent interests ranging from tenants to landlords, and from hotel workers to the hospitality industry have joined forces with neighborhood and homeowner associations to oppose legislation introduced by Supervisor David Chiu to legalize the short term rentals of residential property throughout San Francisco.

“In the face of an unprecedented housing crisis, Supervisor Chiu’s legislation to legalize the short term rentals of residential property will only exacerbate the housing crisis. This practice is detrimental to our rent-controlled housing stock”, said Janan New, Executive Director of the San Francisco Apartment Association.

“Our studies have shown that with over 10,000 units of housing being rented out over Airbnb, HomeAway and other websites this practice is having a negative impact on hotel workers and San Francisco’s hospitality industry”, said Mike Casey, President of UNITE HERE Local 2.

“The proposed legislation would rezone the entire city from residential zoning to commercial zoning in one fell swoop. We hear complaints from almost every neighborhood about the detrimental effects of short term rentals on the quality of life of tenants and residents”, said John Bardis, former President of the Coalition for San Francisco Neighborhoods and former San Francisco Supervisor.

“Supervisors Chiu’s legislation would repeal hard won controls on Single Resident Occupancy housing, threatens current affordable housing provisions for over 30,000 permanently affordable units, would transform newly approved “in-law units” into high priced motel rooms and make “below market rate” units lifetime luxury hotels. It is the single biggest threat to affordable housing ever proposed by a San Francisco Supervisor” stated longtime affordable housing advocate Calvin Welch.

“Airbnb and other hosting platforms owe the City millions of dollars in unpaid hotel taxes. It is high time that the City collect these taxes which pay for the arts and vital city services and programs. The proposed legislation does not clearly hold Airbnb and similar organizations responsible for collecting and remitting the hotel tax”, said former Supervisor Aaron Peskin.

All of these organizations are calling for Supervisor Chiu to withdraw his legislation at a press conference on Tuesday April 29 on the steps of City Hall at 10:00 am.

SFBG Wrap, April 16-23

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BART FINED FOR WORKERS’ DEATHS

The California Occupational Safety and Health Administration has fined Bay Area Rapid Transit for three “willful/serious” safety violations in connection with the death of two transit workers last October, saying BART is at fault due to a lack of safety measures.

“Safety standards are designed to save lives,” acting Cal/OSHA chief Juliann Sum said in a statement, “and they were not followed.”

The transit workers were killed in the final days of the BART strike. The accident claimed the lives of Christopher Sheppard, a BART manager and member of the AFSCME union, and Larry Daniels, a contractor, who had been inspecting a “dip in the rail” before they were hit by an oncoming train.

The workers were required to go through what’s called a Simple Approval process to get permission to work on the track, but the OSHA citation seized on that process as a dangerous underlying factor in the fatal accident.

“Employer’s control method, namely the ‘Simple Approval’ procedure, does not safeguard personnel working on tracks during railcar movement,” the citation reads. “The employer allowed workers to conduct work on the railway tracks where trains were traveling. The employees had no warning that a train moving at more than 65 miles-per-hour was … approaching the location where they were working.”

BART General Manager Grace Crunican quickly issued a statement. “Passenger and employee safety is our top priority at BART,” Crunican said. “BART has fundamentally upgraded its safety procedures with the implementation of an enhanced wayside safety program and a proposed budget investment of over $5 million.” She added that Cal/OSHA considered the safety violations to be “abated” in light of these changes, “meaning that none … pose continuing safety hazards.”

Simple Approval has since been terminated, BART spokesperson Alicia Trost told the Guardian. “BART permanently eliminated Simple Approval immediately following the tragic deaths,” she said. “We are also implementing the extra layers of protection for track workers.”

Notably, the two workers were killed during BART management’s attempt to train managers to operate trains during the strike, according to the National Transportation Safety Board, which continues to investigate the incident. (Joe Fitzgerald Rodriguez)

SORRY STATE OF PUBLIC HOUSING

Sup. London Breed has proposed setting aside city funding to renovate vacant and dilapidated public housing units, in an effort to quickly make housing available for homeless families in the face of a dire shortage.

At the April 15 Board of Supervisor’s meeting, Breed cited an anticipated budget surplus and called for the Controller and City Attorney to begin drafting a supplemental budgetary appropriation of $2.6 million, for renovating 172 San Francisco Housing Authority units sitting vacant.

“There are over 40 public housing developments in San Francisco, and given the decades of mismanagement and financial neglect that public housing has endured, many units are currently not available for San Franciscans to live in,” Breed said. “As we grapple with an unprecedented affordability crisis and an acute shortage of housing, particularly affordable housing, these fallow public housing units represent one of our best and cheapest opportunities to make housing available now.” Breed, who represents District 5, previously lived in San Francisco public housing.

The Housing Authority receives its funding through the federal government, but spokesperson Rose Marie Dennis said those federal dollars don’t stretch far enough for the agency to perform routine restoration of vacant units. “We have to work with the resources that we have,” she said.

According to an analysis by Budget & Legislative Analyst Harvey Rose, the city has lost $6.3 million in rent that could have been collected had its empty public housing units been occupied.

The day after Breed floated her proposal for a budgetary supplemental, tragedy struck at Sunnydale, the Housing Authority’s largest housing development, when a deadly fire claimed the lives of a 32-year-old resident and her 3-year-old son. The cause of the fire is under investigation, but a San Francisco Chronicle report noted that the Housing Authority had planned to rebuild Sunnydale for years due to its poor condition.

The following day, April 17, Mayor Ed Lee announced that emergency funding of $5.4 million had been identified through the Mayor’s Office of Housing and Community Development, to address serious deferred maintenance needs — such as busted elevators in apartment complexes where disabled seniors rely on wheelchairs and canes to get around. (Rebecca Bowe)

SUPES OUTFOX LANDLORDS

When the San Francisco Board of Supervisors gave final approval April 15 for legislation to substantially increase landlord payments to tenants in the case of Ellis Act evictions, it reflected a key change designed to counter a recent eviction push by landlords.

Winning approval on a 9-2 vote, with Sups. Mark Farrell and Katy Tang opposed, the legislation increases the current required relocation payments of $5,265 per person or $15,795 per unit (plus an additional $3,510 for those with disabilities or over age 62) up to the equivalent of two years’ rent for a comparable unit. That translates to tens of thousands of dollars.

For example, the Controller’s Office calculates that a family evicted from a two-bedroom apartment in the Mission District rented at $909 per month would be entitled to $44,833 in relocation payment.

The legislation was originally scheduled to go into effect 120 days after passage, in order to give city officials enough time to implement it. But when sponsoring Sup. David Campos heard landlords were rushing to evict tenants prior to the fee increase, he checked in with the City Attorney’s Office and other departments to see whether they could be ready sooner. After getting the green light, Campos amended the measure to go into effect 30 days after it’s enacted into law.

The question now is whether Mayor Ed Lee, who has not taken a position on the legislation, will act quickly to sign it. He was initially given 10 days to decide. Since a veto-proof majority approved the legislation, the mayor’s decision is to either grant approval or stall the inevitable, triggering more evictions at lower levels of relocation assistance. (Steven T. Jones)

POLICE TAPES BROUGHT TO LIGHT

Police radio dispatch records from March 21, the night 28-year-old Alejandro Nieto was gunned down in Bernal Heights Park by San Francisco Police Department officers, had been impossible to obtain despite requests from journalists, attorneys, and community members who had ties to Nieto.

Then, incredibly — thanks to a combination of tenacious reporting and the website Broadcastify.com — the radio dispatch audio popped up in a news report on KQED’s website.

Originally captured in real-time by a website works like an automatic police scanner and preserves all files, the recordings offer a rare, behind-the-scenes glimpse of what occurred in the moments leading up to the highly controversial officer-involved shooting.

The SFPD’s account of the incident is that officers opened fire in defense of their own lives because Nieto pointed a Taser at them, causing them to believe he was tracking them with a firearm.

But the audio files that have now surfaced reflect no mention of a suspect brandishing a weapon.

The first mention of a “221” — police code for person with a gun — is to relate a 911 caller’s description of a Latino male suspect, who has “got a gun on his hip, and is pacing back and forth on the north side of the park near a chain-linked fence.” Just before the shooting, a voice can be heard saying over the radio, “There’s a guy in a red shirt, way up the hill, walking toward you guys.” Several seconds later, another voice calmly states, “I got a guy right here.”

Twenty-six seconds after that, a person can be heard shouting, “Shots fired! Shots fired!”

“What’s very telling is that none of the people are saying, the guy had a gun, he pointed it at us,” said attorney Adante Pointer of the law office of John Burris, which is preparing to file a complaint on behalf of Nieto’s family against the SFPD. “It begs the question, did [Nieto] do what they said he did?”

“If this was a righteous shooting,” Pointer added, “then [SFPD] … shouldn’t have any fear of public scrutiny.”

Friends and supporters of Nieto have led marches to protest the shooting and set up a website for ongoing events, justice4alexnieto.org. (Rebecca Bowe)