Government

Alerts: June 18 – 24, 2014

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WEDNESDAY 18

 

Glenn Greenwald: Snowden, the NSA and the US Surveillance State

The Nourse Theatre, 275 Hayes, SF. (773) 583-7884 tinyurl.com/glengreenwald. 7-9pm, $6. Greenwald, who received the Pulitzer Prize for Public Service along with his UK Guardian colleagues, will recount his Hong Kong meeting with Edward Snowden, discuss new information on the National Security Agency’s abuse of power and examine the bigger picture implications of the NSA’s surveillance. Greenwald will also be signing his new book, No Place to Hide: Edward Snowden, the NSA, and the U.S. Surveillance State. This event is sponsored by Haymarket Books, The Center for Economic Research and Social Change, Metropolitan Books, The Tow Center for Digital Journalism at Columbia Journalism School and KPFA.

 

Film and Discussion: DamNation

The David Brower Center, 2150 Allston, Berk. (510) 809-0900 tinyurl.com/damfilm. 7pm, $10 advance, $12 at door. Award-winning film DamNation explores America’s pride in large dams and the ways that we rely on rivers. The film looks at the effects of dams on fish and landscapes, as well as the values that come along with dams. Guests include Matt Stoecker, DamNation Producer/Underwater Photographer, Jason Rainey, Executive Director of International Rivers, and Steve Rothert, California Regional Director of American Rivers.

THURSDAY 19

 

Labor in the Food System

120 Kearny No. 3100, SF. (510) 654-4400 tinyurl.com/foodsys. 6-8:45, free. This panel will explore all levels of food production, from farm to government, and will have speakers from the various levels. They will discuss wages, food distribution, food processing and more. The panel is put on by Food First, which aims to end hunger-inducing injustices. Speakers include James Cochran, Gail Wadsworth, Margaret Reeves and Paul Ramirez.

 

Do Good Lab’s International Development Trivia Night

Soda Popinski’s, 1548 California, SF. tinyurl.com/oslg7d5 6-9pm, $15 per individual or $60 per team. Trivia is fun, but doing it for a cause with five other friends is even better. On Thursday, Do Good Lab will hold its International Development Trivia Night in collaboration with FUNDAESPRO, a women’s empowerment organization based in Guatemala City. For $60—$10 per person—teams can compete to raise money for the organization, which provides childcare for working mothers and literacy education to women. Better yet, all tips to the bar (staffed by with special guest bartenders) will go toward FUNDAESPRO’s childcare and education centers.

American revolution: Smith Henderson talks ‘Fourth of July Creek’

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Smith Henderson is all smiles. His debut novel, Fourth of July Creek, has been receiving rave reviews since its release two weeks ago, has a 100,000 copy pressing from HarperCollins, and was recently called “the best book I’ve read so far this year” by Washington Post critic Ron Charles.

“I was not expecting the Ron Charles thing … that was amazing,” Henderson says, sipping his beer on the outdoor patio of Farley’s East in Oakland. (He’ll be reading from the book Tue/17 at San Francisco’s Book Passage.) While the degree of success that the book is receiving tickles Henderson, he doesn’t pretend to be shocked that people are enjoying his work. “When people tell me ‘I love your book,’ I’m happy, but not chagrined. I wrote the book toward my interests, so of course I like my book.” Henderson smokes a cigarette as he chuckles. 

His novel explores the plight of Pete Snow, a Montana social worker who discovers a feral boy, Benjamin, and his survivalist father Jeremiah Pearl. While dealing with the dissolution of his own family, several other cases, and a tumultuous romance, Snow uncovers Pearl’s revolutionary ideas and begins to question his own safety and that of his entire community, the rural town of Tenmile. Henderson’s intertwining plot confronts a plethora of contemporary societal ailments, including alcoholism, suspicion of government, child neglect, cultural polarization, and the gift and curse of religion. 

Much of our conversation concerned the intricate plot points that Henderson somehow manages to sew together seamlessly. Such a combination of topicality and technical flourish has led Charles and several other high-profile critics to throw around words like “Great American Novel,” meaning work consistent enough and broad enough in  political scope to say something profound and lasting about the nation. 

Henderson isn’t one to label his own work, but he doesn’t entirely laugh off the potential hyperbole either. “I think it’s tricky to use words like ‘Great American Novel’ because it’s set in Montana — it’s a very white state. There’s a lack of diversity that I think is necessary in talking about the whole country.” After a moment of rumination, however, he offers a partial refutation of his own point. “That being said, the novels that come to mind are pretty regional as well; Beloved is pretty focused on a single location and group.”

While Montana might not be the optimal mirror for America, it’s a place that Henderson knows quite well. A native son, he grew up in the state and went to college, like Pete Snow, in Missoula. (He now lives in Portland, Ore.) “My whole family are cowboys and loggers. My dad is still a logger,” he says proudly. “Montana is a weird place … there’s a libertarian streak that is pretty unique in how it manifests itself.” 

Henderson cites the 2004 election, in which Montana voted for George W. Bush, legalized medical marijuana, and constitutionally banned gay marriage all on the same ballot. The odd mix between “live free or die” and socially conservative practices in the state provided an ideal climate for the confrontation between Snow, a government employee with the Department of Family Services, and the fiercely anti-authority Pearl. The eventual escalation between the government and the community is easy to believe. 

“Things are always liable to get a bit wacky and out of control up there,” says Henderson. 

Yet Henderson, while by no means conservative or religious, isn’t trying to write a book about extreme zealots. “At first it’s possible to look at Pearl and think he’s completely insane. But a lot of his paranoia is not entirely unfounded.” 

Near the end of the book, Pearl uses an example of government agencies  replenishing the Montana wolf population as an example of how dangerous Federalism can become. “Pearl basically suggests, ‘You may think your wolves are pretty, but they are liable to eat me.’ That lack of practicality is real.” 

While Henderson set Fourth of July Creek in the early 1980s, he was inspired by the rhetoric going on in national politics today. “Arguments like those of Pearl’s are all over the place right now, and initially they may seem just as paranoid. But when you have unmitigated drone strikes and NSA surveillance it isn’t impossible to see where people are coming from.” 

He does, however, see the value of government intervention — Helena pays his ultimately heroic (or at least likeably anti-heroic) protagonist, after all. “On the other hand, you have health care, gay rights, the environment, all receiving meaningful support.”

Though informed and interested in the modern state of affairs, Henderson was very intentional in his chronological setting of the book. He leans forward and takes on a quieter, more intense tone as he talks about the era directly succeeding Carter’s economic and military failures. “1980 was an inflection point. Obviously Carter, while getting a lot right, struggled a ton in the implementation. And the backlash to that, coming in the form of the Reagan Revolution, has really defined modern society … We learned how to make wealth out of thin air — at least for some people.” 

Reagan’s election and the surrounding rhetoric takes center stage in the book. Judge Dyson, an aging and alcoholic Democrat, openly weeps as he watches the election results with Snow. “It was the death of the LBJ, rural-big-government Democrat. And that’s something I’m not sure we’ll ever get back.” 

In addition to highlighting the philosophical shifts that have led to the urbanization of liberal thought, Henderson also uses the relatively unorganized pre-digital bureaucracy as a major plot device. “There was no concept of secondary trauma in 1980 Montana. There was no social worker to help Pete deal with the horrific things that he sees on a daily basis.” 

The dearth of support systems fuel Snow’s drinking bouts, depression, and difficulty in handling his daughter’s disappearance and ex-wife’s instability; he may be a great social worker, but the state’s inability to track his emotional progress and casework eats away at his life.

A fascinating storyteller and political force, Henderson is also often  technically experimental. The portion of the book that details Snow’s daughter’s descent is done in the form of an anonymous question and answer. “When I write, I almost always write questions to myself: ‘Where is Pete Snow from?’ ‘Choteau.’ ‘Why Choteau?’ For the Rachel section, I just left it in that form.” 

But the section is far from unfinished. Henderson left the section as is because of the intensity of its content — in a pure third-person narrative it felt too stilted. “The voices are full of an anxiety and intensity that couldn’t be captured with the more impartial voice in the rest of the book.”

The frenetic 90 minutes that we spent discussing Fourth of July Creek further convinced me that the book cannot be distilled to one message, but is rather a varied rumination on insecurity, suspicion, and government. When I asked Henderson what he thinks the primary takeaway is, however, he was remarkably candid and quick in his response. He pointed me to the Thoreau quotation that opens the book: “If I knew for a certainty that a man was coming to my house with the conscious design of doing me good, I should run for my life.” 

Henderson then highlighted a passage in which Snow is likened to a priest for how much he gives up to help dysfunctional families. “America in the ‘80s was losing trust for institutions, and continues to. Despite all of his flaws, Pete is worthy of our trust, and hopefully represents a powerful refutation of Thoreau’s instant suspicion for government or those who come to help us.”

Henderson’s creation, while transcending political ideology, powerfully shows the potential for altruism even in a country as broken as the US.

 

Smith Henderson

Tue/17, 12:30pm, free

Book Passage

1 Ferry Building, SF

www.bookpassage.com

Extra! Extra! Sunshine advocates beat the Anti-Sunshine Gang in City Hall

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 By Bruce B. Brugmann

And so the  Anti-Sunshine Gang in City Hall, which for two years has been conducting a nasty vendetta against the Sunshine Ordinance Task Force,  capitulated quietly at Tuesday’s Board of Supervisors meeting without a fight or even a whimper.

The capitulation came in a two line phrase  buried in item 28 in the middle of the board’s agenda.  It was a report from the rules committee recommending  the Board of Supervisors approve a motion for  unnamed nominees to the Sunshine Ordinance Task Force. “Question:  Shall this Motion be approved.”

Board Chair David Chiu asked for approval in his usual board meeting monotone. And the approval came unanimously, with no dissent and no roll call vote and not a word spoken by anybody.  He banged the gavel and that was that. And only a few veteran board watchers knew that this was the astonishing  end to a crucial battle that pitted the powerfuf Anti-Sunshine Gangs against the sunshine forces and the citizens of San Francisco. It was a battle that would decide whether the task force would remain an independent people’s court that would hear and rule on public access complaints.  Sunshine won.

It was ironic and fitting that Chiu presided over the capitulation. For it was Chiu as board president who orchestrated  the deal to demolish Park Merced and then orchestrated the  infamous 6-5 board vote  in September 2010 approving  a monstrous redevelopment  project that would evict lots of tenants, and destroy most of the affordable housing. This was a big deal because the housing crisis was heating up and Park Merced was the largest affordable community in the city and one of the largest In the nation. This is where tens of thousands of young people, young married couples, students and faculty at nearby San Francisco State, older people, and middle class people had come for generations with their families to live in affordable housing in an  “urban park,” as Park Merced promo once put it.

And it was Chiu as board president who was charged by the Sunshine Task Force, along with Supervisors Scott Wiener, Malia Cohen, and Eric Mar with violating the Sunshine Ordinance and the state’s open meeting law (Brown Act) when they approved the project with blazing speed.. 

Wiener, Cohen, and Mar were on the board’s Land Use and Economic Development Committee when they voted on the contract. Literally minutes before the committee vote, Chiu introduced 14 pages of amendments to the contract. The deputy city attorney at the meeting blessed the amendments by saying, gosh, golly, gee, no problem, the amendments do  not substantially alter the contract and therefore the description of the item on the agenda was still apt and the committee could act on it. Bombs away! The full board approved the contract the same day by one vote.

This sleight of hand and pellmell approval process meant that Park Merced was going,going, gone and in its place would be a project that “has no hindsight, no insight, or foresight,” as Planning Commissioner Kathryn Moore was quoted as saying in a scathing Westside Observer column by landscape architect Glenn Rogers. “It is not a project of the 21st century.  It is the agenda of a self-serving developer.”

 The Observer, to its immense credit, was the only media in town to blast away at the project. (Read its coverage and weep, starting with a June piece by Pastor Lynn Gavin who wrote that the Park Merced owners did not disclose to her or her family that they “were going to demolish the garden apartment that was our home.”)  Gavin and her neighbors took the formal complaint to the Sunshine Ordinance Task Force and got a unanimous 8-0  ruling condemning Chiu, Wiener, Cohen, and Mar for open government violations.

It was a historic ruling by the task force and demonstrated once again in 96 point tempo bold the irreplaceable value of the people’s court.  The ruling also had impact because it amounted to a stinging  expose of how government often works in San Francisco with big money and big development and how one vote can add gallons of high octane petrol to the housing crisis. It angered the hell out of the six supervisors who voted for the project.

 And in effect, it gave rise to what I call the Anti-Sunshine Gang in City Hall whose response to the ruling was, not to apologize and change their illegal ways, but to start a vicious vendetta against the task force for doing the right thing at the right time.  The six votes were David Chiu, Scott Wiener, Malia Cohen, Mark Farrell, Sean Elsbernd, and Carmen Chu. Elsbernd has gone on to Sen. Diane Feinstein’s office in San Francisco and Chu to becoming assessor. But the gang picked up other allies along the way, notably the city attorney’s office.

Two years ago, when the task force members came to the board for reappointment, the Anti-Sunshine Gang retaliated and swung into action by “launching a smear campaign aimed at purging the eight task force members who had unanimously voted to find the violations,” according to Richard Knee, a 12 year veteran of the task force, in a June column in the Observer.  Knee, who represents the local chapter of the Society of Professonal Journalists, also wrote that “the mayor and the Board of Supervisors…made sure that the panel gets minimal funding, staffing and resources, and the board has refused to fill two long standing vacancies, making It difficult at times to muster a quorum since task force members are volunteers with outside responsibilities such as family and work.

“Two year ago, the board’s failure to appoint a physically disabled member forced the task force to take a five month hiatus, exacerbating a backlog of complaints filed by members of the public.This year, Knee wrote,  the start of the appointment process was “farcical and ominous.”  He explained that, at the May 15 meeting of the board’s rules committee, which vets applicants for city bodies, the two supervisors present chair Norman Yee and Katy Tang (David Campos had an excused absence) “complained that there weren’t enough racial/ethnic diversity among the 13 candidates. “That didn’t deter them from recommending the reappointments of Todd David, Louise Fischer, and David Pilpel, all Anglos.”

Before the full board five days later, Yee complained again, “this time that lack of a regular schedule and frequent switching of meeting dates were making attendance difficult for task force members. Either Yee had no clue of the facts or he was lying.” Knee explained that the task force normally meets the first Wednesday of each month and its subcommittees usually meet during the third week of the month.

“Meeting postponements and cancellations are the result, not the cause, of difficulties in mustering a quorum, due to the vacancies—which now number three.

“In gushing over David, Fischer, and Pilpel, at the board’s May 20 meeting, Wiener offered no evidence or detail of their alleged accomplishments and ignored the fact that David has missed six task force meetings since March 2013, including those of last February and April. Until the board fills the other seats, the five remaining incumbents—Chris Hyland, Bruce Oka, David Sims, Allyson Washburn, and yours truly—stay on as ‘holdover’ members.”

Meanwhile, by the next session of the Rules Committee on June 5, the sunshine advocates had rallied and put together an impressive mass of sunshine power. Testifying at the hearing were representatives from SPJ and the journalism community, the League of Women Voters, the ACLU, the sunshine posse, the Library Users Association, the Bay Area News Group, the Inter-American Press Asociation, the Center for Investigative Reporting, the UC-Berkeley Graduate School of Journalism, the First Amendment Coalition, the  Electronic Frontier Foundation, the Observer and neighborhood activists, and other sunshine allies and FOI groupies. It was quite a show of force. 

SPJ placed a pointed, timely op ed in the Chronicle (“SF Supervisors block Sunshine Ordinance Task Force,” good of the Chron/Hearst to run it but better if the paper didn’t black out local sunshine issues.) Members of the posse peppered the gang with public record requests aimed at tracking skullduggery and they found it. Reps from the groups lobbied the supervisors by email, phone, and personal office visits. And the word that the Anti-Sunshine Gang was back and on the gallop shot through the neighborhoods and around town and into election campaigns and among constituents of the gang.

SPJ and its vigorous Freedom of Information Committee under co-chairs Journalist Thomas Peele, of Chauncey Bailey fame, and Attorney Geoff King  were particularly effective. Peele is an investigative reporter with the Bay Area Newspaper Group, a lecturer on public records at the UC-Berkeley Graduate School of Journalism, and author of a respected book on Chauncey Bailey, a black journalist murdered on his way to work.

The word got around that the supervisors were blocking strong pro-sunshine candidates for the task force and that their first three nominees were the weakest of the lot. Campos, a stellar sunshine advocate, was back at the committee meeting, making the right calls and shepherding the strong nominees along through the committee and the Board of Supervisors.  Great job.

The cumulative weight and force  of the presentations of the nominees and the sunshine advocates made the proper political point:  any supervisor who voted with the Anti-Sunshine Gang was going to face their constituents and voters with the brand of being anti-sunshine and anti- government accountability.  More: they would have to answer some embarrassing questions: Who lost Park Merced? Who voted to turbo charge evictions and middle class flight from the city for years to come? Who tried to cover up the outrage and who did it? And who led the retaliatory vendetta against the Sunshine Ordinance Task Force for doing the right thing on behalf of sunshine in San Francisco?

And so the Board of Supervisors was dragged kicking and screaming into the sunshine of June 2014 and beyond. The supervisors ended up nominating what looks to be one of the strongest pro-sunshine task forces: Attorney  Mark Rumold and journalist Ali Winston from SPJ, Allyson Washburn from the League of Women Voters, Attorney Lee Hepner, Journalist Josh Wolf, and holdover Chris Hyland. Plus Bruce Oka who looks to be a late holdover in the disabled seat. Congratulations for hanging in and winning, hurray for the power of sunshine, on guard,  B3

P.S. l: PG&E institutionalizes City Hall secrecy and corruption:  The pernicious influence of the Anti-Sunshine gang hung heavy over the rules committee.  Tang tried to force every candidate to take a pledge of allegiance to the city attorney. Tang is the kind of neighborhood supervisor (Sunset) who has a 100 per cent Chamber of Commerce voting record. Her city attorney pledge demand was laughable on its face, given the fact that the city attorney refuses to move on the PG&E/Raker Act scandal and thus has helped institutionalize secrecy and corruption in City Hall on a multi-million dollar scale for decades. Which is reason enough for the city to always maintain a strong, enduring Sunshine Ordinance Task Force, to help keep tabs on how PG&E keeps City Hall safe for PG&E and its allies. (See Guardian stories and editorials since 1969.)  

Tang and Yee continued the gang’s hammering on Bruce Wolfe, a worthy candidate for the disabled seat whose main sin was that he was one of the Honorable Eight who voted condemnation.  The gang knocked out Wolfe as a holdover candidate the first time around and they were at it again at the committee meeting. Oka says he wants to resign from the task force but only when the board finds a good replacement. Wolfe, who was an effective and knowledgeable sunshine task force member, is the obvious replacement but he is still on the purge list.  Stay tuned on this one. . 

There are three things that no one can do to the entire satisfaction of anyone else: make love, poke the fire, and run a newspaper. William Allen White, 1917, line atop the editorial page of the Durango Herald, Durango, Colorado. 

City College’s accreditors bow to pressure, amend rules to save CCSF

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Keep City College of San Francisco open, or else.

That’s the message local and federal officials have drilled into City College’s accreditors in recent weeks. Representatives Nancy Pelosi and Jackie Speier; Assemblymembers Tom Ammiano and Phil Ting; and the state’s community college government have all publicly pressured the Accrediting Commission for Community and Junior Colleges to give City College an extension to prove its worth.

Finally bowing to pressure, the ACCJC may soon chang their own rules to save City College.

Today the ACCJC announced changes in its policy exclusively for colleges with terminated accreditation, granting a chance for such colleges to request a new “accreditation restoration status.”

“This is new for the ACCJC, but I don’t know if its new for other institutions,” Dave Hyams, a spokesperson for the ACCJC told us. But this new policy may offer new hope for City College.

In 2012 the ACCJC told City College its accreditation would be terminated, putting the school in the fight of its life. A loss of accreditation would mean its degrees are worthless, and the school would lose government funding. Notably, the school has not lost its accreditation yet.

The ACCJC’s policy change is not yet final, as the agency is allowing two weeks for the public to weigh in. The changes will be finalized on June 25, the commission said.

If the policy is adopted though, it means City College would be able to apply for a lifeline.

“If this policy is adopted as expected,” the ACCJC wrote in their statement to the press, “CCSF would have the opportunity to take steps to be designated as being in restoration status.”

Hyams denied the decision has anything to do with the very recent, and very public, emails from Nancy Pelosi and other politicians to demanding the ACCJC give City College more time.

“The ACCJC was looking for a way to balance the impact of termination on students,” he said, “with the needs for the college to meet basic standards.”

The college would need to file its application for restoration status by July 2014, City College’s originally announced accreditation termination date. This may all be moot, however, as City Attorney Dennis Herrera filed for an injunction to stall the college’s closure until the conclusion of the city’s lawsuit against the ACCJC. Legal proceedings are expected to begin in October.

Sara Eisenberg, the deputy city attorney leading the case against the ACCJC, told us this doesn’t affect the case at all.

Our lawsuit is about the ACCJC’s bad acts, which go to the heart of the fairness and accuracy of the accreditation evaluation process,” she told the Guardian. “These violations of law, policy and fundamental fairness require that the ACCJC’s past decisions concerning City College be vacated and that City College be reevaluated on a clean slate using a fair process.”

Interestingly, the announcement of restoration status by the ACCJC contains a caveat: they will not extend CCSF’s appeal unless the US Department of Education gives them the go-ahead. Hyams said the ACCJC developed this plan while consulting the USDOE, so it may be a slam dunk.

Need some context on the City College fight? Check out the video above for a basic overview.

“The commission and the department had very recent meetings that have been constructive and productive, they’re fully aware of this proposal,” he told us.

One of those meetings was not so peaceful, however, as over 200 City College supporters rallied outside the ACCJC’s semi-annual meeting in Sacramento, demanding the organization rescind its decision to revoke the college’s accreditation. The protest was led by the California Federation of Teachers, the local AFT 2121 and attended by teachers and students alike.

Tim Killikelly, the president of the AFT 2121 had questions about the new policy.

“I’m not sure how this restoration status is different than what appeals already existed,” he said. “The students need to be sure about their academic future, and this doesn’t do that. The students need to breathe a sigh of relief.”

He’s referring to the college’s recent drop in enrollment. At its height City College had over 100,000 students enrolled. But, due in part to its accreditation struggles and (some have said) the economy’s mild upswing, the enrollment has recently dropped to under 80,000 students. 

Killikelly laid much of the blame for that enrollment drop at the feet of the ACCJC. “They should’ve sent a team to verify we’re in compliance,” he said. Instead of this middling compromise, if the ACCJC had instead granted full accreditation Killikelly thinks confidence in the college could be restored.

City College Trustee Rafael Mandelman was also cautious about the decision.

“Its good news,”  he said, but, “the powers that be have rallied and persuaded the ACCJC that they cannot shut City College down now. The ACCJC are not pulling their claws out of the college. We will continue this terrible dance unless the City Attorney wins his lawsuit.”

The college may already have bounced back. California Community College Chancellor Brice Harris and City College Chancellor Arthur Tyler have publicly stated the school is 95 percent done addressing all of the concerns the ACCJC wanted to see fixed.

Mandelman contends the ACCJC’s move to terminate City College’s accreditation did more harm than good. “This whole process has been incredibly and unnecessarily disruptive on City College,” he said. “It’s a horrendous way to reform an institution.”

It should be noted that City College is still open, and remains accredited. For a look at the new policy from the ACCJC, click here.

Shrimp Boy denied bail

Raymond “Shrimp Boy” Chow, who has a criminal history in Chinese gangs and was indicted along with Sen. Leland Yee and a slew of others in a high-profile FBI operation, was denied bail June 11.

U.S. Magistrate Nathanael Cousins struck down his defense attorneys’ motion for pretrial release on the grounds that Chow might pose a danger to the community due to his position as leader of the Chee Kung Tong (CKT), characterized as a Chinese crime syndicate by the FBI. Chow’s charges include seven counts of money laundering, one count of conspiracy to sell stolen cigarettes, and two counts of conspiracy to sell stolen liquor.

“The government’s advancing this conspiracy theory that my client is in charge of this organized crime syndicate. On that basis the judge is deciding to hold him,” said defense attorney Curtis Briggs. “It’s the Chinese Freemasons, it’s not a crime syndicate,” Briggs added. “It’s a fraternal organization. They’re going to be muddied up and dirtied up because the govermnent is pursing a racketeering case against them.”

Another wrinkle: “Now the government’s issued a deportation warrant againt him,” Briggs noted. “Even if we got him out, he’d be in immigration custody.”

A 23-page motion for release on bail for Chow, filed by Briggs and attorneys Gregory Bentley and Tony Serra, paints a very different picture of the targeted Chinatown figure than the all-powerful gangster portrayed by federal authorities.

The FBI complaint, unveiled in March, paints Chow as an international crime boss holding “supreme authority” as Dragonhead of the CKT.

In this role, the FBI charged, Chow was “the supervisor” of criminal relationships between Yee, political consultant Keith Jackson, and Chow’s associates, who had knowledge of and approved all criminal operations of the CKT and received payment for the various criminal dealings he facilitated. The complaint even noted that Chow had once told an undercover FBI agent that he served as a judge within the CKT; “if one member kills another member, Chow decides if the killing was justified.”

The mob boss who had returned yet again to a life of crime, all while swearing he’d given it all up, couldn’t be more different from the humble ex-convict described in his defense attorneys’ motion for release. Yee and Jackson, who faced charges on firearms trafficking, among other counts, were released on bail totaling $500,000 and $250,000, respectively. Prior to being taken into custody, Chow had already been wearing an ankle monitoring bracelet due to his pending case with immigration authorities.

In letters of support written on his behalf referenced in the motion, Chow was described as a community leader whose actions in recent years stemmed from nothing less than “a spiritual commitment … to make the San Francisco community a better place for all people even if it came at a great personal sacrifice to him.” A letter of support was even written by Wendy MacNaughton, an illustrator, journalist and author of Meanwhile in San Francisco.

Chow had apparently been working on his autobiography prior to being taken down by the FBI.

The motion recounts how Chow, born into “devastating financial conditions” in China, was taken in by the Chinese Triad at the age of seven “and for the next ten years scraped by and supported himself and his family through Triad related activities.” At 16, he was arrested and beaten by Chinese police in custody. Soon after, his family fled to the United States for a better life.

“Chow was recruited by local Chinatown so-called ‘gangs,’” the motion states. “As with many immigrant children with no resources, Chow was exploited by these groups for his desperate need for protection, acceptance, and recognition.” He served multiple prison sentences for various gang-related criminal activities.

But in 2003, when he was serving out a ten-year prison term, Chow became thoroughly disenchanted with the criminal lifestyle,” his defense attorneys wrote. “His revelation occurred when the façade of the gangster life disintegrated as each and every one of his criminal associates, people who he thought of as ‘brothers,’ turned their back on him and participated in activities which blatantly harmed the community.”

Chow’s girlfriend, Alicia Lo, had volunteered to act as a third-party custodian and post property bonds on her two San Francisco properties in order to facilitate his pretrial release.

In written testimony, she described him as caring and generous, saying she would buy him “second-hand clothes so he looked sharp in public,” only to later discover that he “would at times give these clothes away to addicts on the street so they could look presentable at job interviews.”

Yet in making his determination, the federal magistrate noted that there is “more than clear and convincing evidence that Mr. Chow would pose a danger to the community” if released.

SFMTA launches “Google Bus” pilot program map, promises increased enforcement

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The Google Bus plan is now rolling forward. Last night [Mon/9] the San Francisco Municipal Transportation Agency released a map of shuttle stops to be studied in the contentious commuter shuttle pilot program, and proposed new means of cracking down on shuttle scofflaws.

The released map shows a peppering of dots representing what the SFMTA is calling “pilot network zones,” essentialy bus stops to be shared by Muni and commuter shuttles alike. The SFMTA will study those pilot network zones, measure impacts to Muni shuttles, and the zones will soon be marked up with signage denoting them as a commuter shuttle stops. 

The site of the first and many subsequent Google Bus protests, Valencia and 24th street, is included among the proposed stops. Many of those protesters highlighted the lack of enforcement around the shuttle stops highlighted by a glaring set of numbers: Since January, San Francisco issued over 13,000 citations against double-parkers in red zones, but only 45 went to commuter shuttles. The shuttles use of those stops were, at the time (and even now) illegal, protesters said. 

Carli Paine, the head of the commuter shuttle pilot program at SFMTA, told us now there’ll be increased enforcement.

“Implementation will include placards on the vehicles, signage at the zones that are in the pilot network, and additional enforcement,” she confirmed for us, in an email. The SFMTA also launched a special web form for lodging complaints about the commuter shuttles.

SFMTA surveyed tech companies, citizens, and government to decide which stops to study. Per SFMTA:

In February, the SFMTA collected requests from shuttle service providers and resident suggestions on what stops should be included in the pilot through an interactive website and open houses.  We reviewed requests from shuttle service providers and suggestions from residents to develop a pilot network of zones that is a combination of:

Zones requested by shuttle service providers

Zones requested by residents

Alternative zones within a few blocks of requested zone locations

New white zones in locations where demand is high but sharing with Muni would likely disrupt Muni service for inclusion in the pilot network

Zones with Muni service every 10 minutes or less, most zones along Muni’s busiest routes and lines, and flag stops (stops that are in the street, away from the curb) on the bicycle network were not included in the proposed pilot network of shared bus zones.

The website that SFMTA referred to crowdsourced feedback from San Franciscans, an interactive map where anyone could place pinpoints proposing shuttle stops. Some jokers pinned proposed shuttle stops in the San Francisco Bay and the ocean. Some had reasoned arguments against corporate shuttles. “There should be a designed [sic] bus stop for the big corporate buses and not public bus stops,” read one post. Others were more flip, like the push-pin on Alcatraz, reading “Make ’em swim!” 

 

SFMTA’s Proposed Commuter Shuttle Network 140609 by Joe Fitzgerald Rodriguez

 

 

Above we’ve embedded the commuter shuttle map. 

Interestingly, the hotly contested tax that the SFMTA planned to levy against commuter shuttle companies of $1 per stop, per day may be revised. 

The permit and use fee will be updated based on actual project costs and actual stop events proposed as part of the permitting process,” the SFMTA stated in an email announcement of the new commuter shuttle project map. “The SFMTA Board will hold a public hearing to adopt the adjusted fee, if different from earlier calculations.”

The Guardian obtained a cost breakdown of the shuttle program from the SFMTA, and the numbers do seem to be fairly rough.

 

Cost Breakdown of SFMTA “Google Bus” commuter shuttle pilot program by Joe Fitzgerald Rodriguez

 

 

Above we’ve embedded the cost estimate of the commuter shuttle program, obtained through a public records request under the Sunshine Ordinance.

The shuttle pilot program proposed to fund 312 hours of work for transit planners and engineers each, annually. Notably, 4,000 hours are slated for a parking control officer, and 520 for a senior parking control officer annually. The two officers together are estimated to cost $300,000 annually. Double that estimate, as the project is slated to run two years. 

The SFMTA board will meet to approve any new fees for the program during its July 15 meeting. There will also be a public SFMTA engineering meeting on June 20 (10am, City Hall, Room 416) to discuss changes to the commuter shuttle pilot program.

The map also denotes sidewalk white zones for shuttle use for commuter hours, between 6-10am and 4-8pm. 

The shuttle pilot program will officially begin August 1. It’s still an open question what effect, if any, the current lawsuit concerning environmental review of the shuttle stops will have on the program.

Norman Solomon: Obama escalates his war on journalism

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By Norman Solomon

 (Norman Solomon is executive director of the Institute for Public Accuracy and co-founder of RootsAction.org. His books include “War Made Easy: How Presidents and Pundits Keep Spinning Us to Death.” Information about the documentary based on the book is at www.WarMadeEasyTheMovie.org.)

In a memoir published this year, the CIA’s former top legal officer John Rizzo says that on the last day of 2005 a panicky White House tried to figure out how to prevent the distribution of a book by New York Times reporter James Risen. Officials were upset because Risen’s book, State of War, exposed what — in his words — “may have been one of the most reckless operations in the modern history of the CIA.”

The book told of a bungled CIA attempt to set back Iran’s nuclear program in 2000 by supplying the Iranian government with flawed blueprints for nuclear-bomb design. The CIA’s tactic might have actually aided Iranian nuclear development.

When a bootlegged copy of State of War reached the National Security Council, a frantic meeting convened in the Situation Room, according to Rizzo. “As best anyone could tell, the books were printed in bulk and stacked somewhere in warehouses.” The aspiring censors hit a wall. “We arrived at a rueful consensus: game over as far as any realistic possibility to keep the book, and the classified information in it, from getting out.”

But more than eight years later, the Obama White House is seeking a different form of retribution. The people running the current administration don’t want to pulp the book — they want to put its author in jail.

The Obama administration is insisting that Risen name his confidential source — or face imprisonment. Risen says he won’t capitulate.

The Freedom of the Press Foundation calls the government’s effort to force Risen to reveal a source “one of the most significant press freedom cases in decades.”

Pentagon Papers whistleblower Daniel Ellsberg says: “The pursuit of Risen is a warning to potential sources that journalists cannot promise them confidentiality for disclosing Executive Branch criminality, recklessness, deception, unconstitutional policies or lying us into war. Without protecting confidentiality, investigative journalism required for accountability and democracy will wither and disappear.”

A recent brief from the Obama administration to the nation’s top court “is unflinchingly hostile to the idea of the Supreme Court creating or finding protections for journalists,” Politico reported. The newspaper added that Risen “might be sent to jail or fined if he refuses to identify his sources or testify about other details of his reporting.”

This threat is truly ominous. As Ellsberg puts it, “We would know less than we do now about government abuses, less than we need to know to hold officials accountable and to influence policy democratically.”

So much is at stake: for whistleblowers, freedom of the press and the public’s right to know. For democracy.

That’s why five organizations — RootsAction.org, The Nation, the Center for Media and Democracy / The Progressive, Fairness & Accuracy In Reporting (FAIR) and the Freedom of the Press Foundation — have joined together to start a campaign for protecting the confidentiality of journalists’ sources. So far, in May, about 50,000 people have signed a petition telling President Obama and Attorney General Eric Holder to end legal moves against Risen.

Charging that the administration has launched “an assault on freedom of the press,” the petition tells Obama and Holder: “We urge you in the strongest terms to halt all legal action against Mr. Risen and to safeguard the freedom of journalists to maintain the confidentiality of their sources.”

The online petition — “We Support James Risen Because We Support a Free Press” — includes thousands of personal comments from signers. Here’s a sampling of what they had to say:

“Freedom of the press and freedom of speech are the cornerstones of our democracy. Stop trying to restrict them.”  Jim T., Colorado Springs, Colorado

“Protected sources are essential to a real democracy. Without whistleblowers, there is no truth.”  Jo Ellen K., San Francisco, California

“Enough of the government assault on freedom of the press! Whistleblowers are heroes to the American people.”  Paul D., Keaau, Hawaii

“It seems our government is out of control. The premise of deriving power from the people would appear to be a quaint notion to most within the three branches. Instead they now view us as subjects that must bend to their will rather than the other way around.”  Gary J., Liberty Township, Ohio

“‘Journalism is printing what someone else does not want printed. Everything else is public relations.’ — George Orwell”  Todd J., Oxford, Michigan

“As a writer, I support freedom of the press around the world as a vital first step toward regaining control of our compromised democracies.”  Patricia R., Whitehorse, YT, Canada

“You promised an open and transparent administration. Please keep that promise.”  Willard S., Cary, North Carolina

“Without a free press, we really have nothing.”  Robin H., Weehawken, New Jersey

“The Obama administration’s attack on press freedom is an issue of grave concern. Why are we spending billions of dollars going after supposed ‘terrorists’ when the greatest threat to democracy resides right here in Washington, DC.”  Karen D., Detroit, Michigan

“Damn you, Obama! You become more like Nixon daily!”  Leonard H., Manchester, Michigan

“Congratulations, Mr. Risen!”  Marian C., Hollister, California

“The U.S. is becoming an increasingly frightening place to live, more than a little like a police state. President Obama, you have been a huge disappointment. I expected better from you.”  Barbara R., Newport, Rhode Island

“Come on, President Obama… you’re a Constitutional scholar. You know better than this. Knock it off.”  James S., Burbank, California

“There can be no true freedom of the press unless the confidentiality of sources is protected. Without this, no leads, informants or whistleblowers will be motivated to come forward. Reporters should not be imprisoned for doing their job.”  Chris R., North Canton, Ohio

“You took an oath to ‘preserve, protect and defend the Constitution of the United States,’ freedom of the press!”  Diane S., San Jose, California

“Whatever became of the progressive Obama and the change you promised? Evidently it was a load of campaign bull puckey, making you just another politician who says whatever it takes to get elected. In other words, you and your administration are a complete sham. As for your constitutional scholarship, it would appear to be in the service of undermining the Constitution a la Bush and Cheney.”  Barry E., Bryn Mawr, Pennsylvani

“Without a free press, our republic is paper-mache. Remember John Peter Zenger! We must not shoot the messenger — we must raise the bar for conduct and probity!”  Lance K., Chelsea, Massachusetts

“A free press is the only counterbalance to crony capitalism, corrupt legislators, and a pitifully partisan Supreme Court, that continues to destroy our Constitutional protections.”  Dion B., Cathedral City, California

“I implore you to RESPECT THE FIRST AMENDMENT.”  Glen A., Lacey, Washington

“Did you not learn in grade school that freedom of the press is essential to a free country?”  Joanne D., Colorado Springs, Colorado

“We’ve been down this road before. What amazes me is that we condemn other countries for stifling freedom of the press, then turn around and do the same thing to advance our own purposes. Are we proponents of democracy and a free press or not?”  William M., Whittier, California

“Journalism is a vital component of a democracy, and it is a core function protected by the freedom of expression enshrined in both international and domestic law. You must stop harassing and persecuting journalists and their sources who are providing a vital public service in prying open the activities of governments that are illegitimately concealed from the public. If the public is not informed of state actions executed in their name, they cannot evaluate and render consent to those actions through the vote. This secrecy therefore subverts democracy, and you must stop using police powers to destroy the whistleblowers who enable government accountability to the public.”  Jim S., Gatlinburg, Tennessee

“I support freedom of the press, not the attorney general’s vicious abuse of his position!”  Bettemae J., Albuquerque, New Mexico

“Compelling reporters to reveal their sources just means that sources will stop talking to reporters. That will cripple the free press. If you think that’s not important, please resign immediately.”  Stephen P., Gresham, Oregon

“As an old woman who remembers the lies of Lyndon Johnson, Richard Nixon, Ronald Reagan, Bill Clinton, George W. Bush (especially) and the current administration, I do not trust my own government to tell me the truth anymore.  Freedom of the press is my only chance [to] find out what the truth is. Protect reporters’ sources!”  Monica O., Lomita, California

“Without freedom of the press, we might as well kiss democracy goodbye!”  Melvin M., Vashon, Washington

“I am ashamed of this administration, its policies and its Department of Justice — what a travesty of criminal turpitude and mass media complicity. ‘Transparency’ — hah! Cheap campaign rhetoric.”  Mitch L., Los Altos Hills, California

“Walk the walk or stop talking about democracy. Free press is the basis of our constitution.”  Carl D., Manassas, Virginia

“No free press, no democracy!”  James F., Moab, Utah

“If you force the media to reveal its sources, no one will ever come forth with a news story or lead again. I’m sure this is precisely what the politicians and big business want. Then there’d be absolutely no accountability. We need an effective shield law rather than persecuting journalists and news organizations for reporting the news.”  Jim S., Ladera Ranch, California

“Freedom of the Press is the hallmark of a free society. Your administration has done everything in its power to subvert Freedom of the Press by jailing whistleblowers and reporters who uncover wrong doing. This must stop!”  Ed A., Queens, New York

“We have very few real journalists left. Let’s not jail them!”  Karen H., West Grove, Pennsylvania

“As the press goes, so goes citizens’ rights.”  Kathy F., West Bend, Wisconsin

“I have been shocked at how this administration has treated the American people’s right to know, prosecuting reporters, whistleblowers, and others who have had the temerity to cast light into the dark corners of our government. You bring the whole concept of democracy into disrepute and set a bad example for the rest of the world.”  Marjorie P., Montpelier, Vermont

“We need our investigative reporters more now than ever in history. Keep our press free.”  Joan R., Novato, California

“Investigative reporting is becoming too rare in the U.S., and compelling J. Risen to reveal his sources will only make such reporting even rarer. Is this your deliberate intent?”  Elaine L., Elk Grove, California

“I am responding in support of James Risen. Freedom of the press is one of the cornerstones of our democracy and should never be trampled on by government.”  Lois D., San Jacinto, California

“Freedom of the press is more important than some stinking government attempt to find out how bad shenanigans made it into the press. Quit this crap about trying to make a reporter reveal his or her sources. We need good reporting a lot more than lousy stinking politicians trying to shut up the truth.”  Ralph M., Bakerstown, Pennsylvania

“Without a free press tyranny will ensue.”  Bob P., Holland, Pennsylvania

“I thought Mr. Obama was supposed to be a Constitutional lawyer and swore to uphold it. I thought the Attorney General was supposed to also protect the Constitution. It seems you both have abandoned those duties. Prove you hold the Constitution as the authority from which you derive your own and cease this persecution of a reporter who epitomizes one of the crucial things the Constitution stands for — a truly free press.”  Michael S., Tukwila, Washington

“I’ve seen mud more transparent than the Obama admin.”  Paul H., Carlton, Oregon

“Wow, this coming from the Obama administration who supposedly is for open govt. Isn’t it a police state when the govt cracks down on reporters for telling the truth? James Risen is a hero who will go to jail before revealing his source and the fact that you want to throw him in jail is the real crime here.”  Gayle J., Seattle, Washington

“Shocking.”  Peggy K., Soldiers Grove, Wisconsin

“You have way overstepped your authority. I consider myself a moderate, but your aggressive pursuit of journalists and whistleblowers strikes fear in my heart. Your use of intimidation to weaken the press is contributing to the dismantling of our democracy.”  Marcia B., Pittsburgh, Pennsylvania

“Quit trying to silence journalists! This is a Vladimir Putin approach to government. Hope and Change? Get Real!”  Rich W., Grass Valley, California

“Stop destroying our heroes, the courageous whistleblowers and journalists, including Risen and others who should be thanked, not prosecuted! You know damn well that the People want these people honored!”  Nancy G., Palm Desert, California

“Please recognize the need for a journalist to be free of coercion to reveal confidential sources. Bravo to James Risen for having the courage to resist this onerous government intimidation.”  Thomas S., Pittsburgh, Pennsylvania

“We are already seeing freedom of the press undermined by consolidation of media ownership. The founding fathers believed that we could only keep this republic if we have free press and an informed public. Stop the suppression of information. Free access to information is not an optional ingredient.”  Janelle J., Buffalo, Missouri

“Stop persecuting journalists and whistleblowers. Information is the lifeblood of a democracy.”  William C., Sherman Oaks, California

“Our government has become big brother. Journalists must not be forced to name their sources if we are to know the truth.”  Carolyn S., Los Angeles, California

“A free press is gone if confidential sources are revealed.”  Vincent H., Rutledge, Tennessee

“Frankly, Mr. President, I’m surprised at you, and I have to say, disappointed. This seems like something that happens in totalitarian countries.”  Karen B., Felton, California

“Freedom of the press is already under siege because big business controls so much of the message. The Obama administration must respect James Risen’s right to withhold his source.”  Patricia B., Marco Island, Florida

“Whistleblowers are vital to keeping our democracy from turning into a police state. And a free press is vital to keeping us informed. Drop this case, and uphold the principles of our Constitution.”  Cynthia D., E. Boston, MA

“The press should be free to do its job! How about some of that ‘most transparent administration’ stuff. If an administration has nothing to hide it has nothing to fear.”  Mike H., Terre Haute, Indiana

“James Risen is an investigative reporter of high repute who should not be subjected to state harassment and punishment for upholding his pledge of confidentiality to his sources. These encroachments on our Fourth Estate’s watchdog function as a check on the abuse of power must not stand.”  Barbara K., Santa Fe, New Mexico

“You both have to stop talking out of both sides of your mouth, i.e. lying. We are fighting for freedom of the press. Stop being enemies to us people.”  Judith N., North Bonneville, Washington

“Please don’t trash the Bill of Rights. Protect the freedom and independence of the press. Drop the case against James Risen.”  Andrew M., Lower Gwynedd, Pennsylvania

“Daniel Ellsberg was right. James Risen is right.”  Leonore J., Toledo, Ohio

“When the light of free press is no more, darkness prevails and evildoers flourish. I know this is what this corrupt government wants but over our dead bodies.”  Felix C., San Antonio, Texas

“What Mr. Risen did in this instance, was not criminal. Rather it was EXACTLY what a free press should do, without fear of reprisal. Stop the strong arm tactics.”  John S., Trumbull, Connecticut

“The investigative work of journalists sheds light on the world and what is happening. The increasing punishment of journalists is pushing our world and news into a scary age of non-information. Safeguard the confidentiality of journalists and their sources.”  Christin B., Barnegat Light, New Jersey

“Stop persecuting journalists and truth tellers.”  Phyllis B., Desert Hot Springs, California

Norman Solomon is executive director of the Institute for Public Accuracy and co-founder of RootsAction.org. His books include “War Made Easy: How Presidents and Pundits Keep Spinning Us to Death.” Information about the documentary based on the book is at www.WarMadeEasyTheMovie.org.

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

James Risen is printing the news and raising hell for a damn good cause in the best jounalistic tradition. He needs our support. B3

Ethics complaint says chair of DCCC deliberately tried to confuse voters

NOTE: This post has been updated from an earlier version.

Right down to the wire, a complaint filed with the San Francisco Ethics Commission today [Tue/3] – election day – alleges that Democratic County Central Committee elected chair Mary Jung authorized phone calls that were meant to deliberately confuse voters on Proposition B.

The ballot measure, which would require voter approval for waterfront height limit increases, is officially backed by a committee called “No Wall on the Waterfront, Yes on B.”

But according to the Ethics Commission complaint, opponents of Prop. B falsely portrayed No Wall on the Waterfront as being against Prop. B in a bid to confuse voters.

A transcript of the call included in the complaint notes that a live caller opened the communication by saying, “I’m calling about the No Wall on the Waterfront Campaign,” without saying they were calling in opposition to that campaign, and seemingly posing as being affiliated with it. Callers also made statements such as, “Prop B is about environmental loopholes, against affordable housing,” and “No on B endorsements — the Democratic Party, Alice Toklas democratic club, labor.”

“This act by Ms. Jung was a devious and deceptive plan to trick San Francisco voters,” complainant Geraldine Crowley, formerly a DCCC member herself, charged in the filing. “While I realize she employed as a highly paid lobbyist for the San Francisco Association of Realtors – who oppose Prop. B – it crosses the line for Ms. Jung to violate the ethical codes and San Francisco law in this manner.”

We reached Jung by leaving a message on her phone line, listed on the San Francisco Association of Realtors website, next to her job title: “Director of Government and Community Relations.” (Which is really a very convenient arrangement for the real-estate crowd, when you think about it. Who better to relate to the “community” and the “government” than the chair of one of the most politically influential organizations in town, which endorses candidates for elected office?)

When she called us back, Jung confirmed, “We were calling people to vote No on Prop. B.” But what about the allegation that those calls were intentionally deceptive, falsely painting No Wall on the Waterfront as being against Prop. B? “I have not seen the complaint,” Jung told us. She added, “I don’t have a copy of the script” used by callers when they contacted voters. To get a copy of the script, she said, we would have to call political consultant Eric Jaye, who is handling communications for the opposition to Prop. B. We tried calling Jaye but couldn’t reach him.

[UPDATE: Jaye just returned our call. He said Crowley’s complaint is “frivolous” because the callers said they were calling “about” the No Wall on the Waterfront Campaign. “This was what they named their campaign,” Jaye said repeatedly. “It’s not deceptive.” But we asked him multiple times if he would provide a copy of the full call script, and he refused to do so, without offering any reason why he couldn’t.]

What’s more, according to Crowley’s complaint, is that the paid phone calls to DCCC members appear to have originated with venture capitalist Ron Conway, who made a $25,000 donation to the DCCC on May 30. A few days later, Ethics Commission filings show, Jung authorized expenditures totaling $12,281.13 for “membership communication calls.”

Jung denied having had any conversation with Conway about it, and said “the Democratic Party has done a lot of fundraising in the past three months,” and that she could not link a specific donation with a specific DCCC expenditure. She then said she had to go.

Officially, “you can’t give to the party and officially say the donation is for some purpose, but anyone who’s worked in San Francisco politics knows … it’s designed to make something happen,” said Jon Golinger, who heads up the “No Wall on the Waterfront, Yes on B” committee.

He added, “They’re literally using our name to further an agenda that is the opposite” of what the Yes on B campaign has been organizing for.

Some members of the DCCC are reportedly seeking copies of that script, since there seems to have been little awareness of what was being told to voters in the Democratic committee’s name.

But the idea that Jung herself did not know what was being said in the calls, when she authorized the expenditure for membership calls and works in the same office as Prop. B opponents, raises questions about what sort of leadership she’s actually providing.

In the meantime, here’s the Ethics Commission complaint.

Ethics Complaint Against Mary Jung by Rebecca Bowe

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

Progressives challenge mayor’s abuse of authority

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EDITORIAL Mayor Ed Lee has repeatedly overstepped his authority on behalf of the entrenched political and economic interests who put him into office, and we’re happy to see Sup. John Avalos and his progressive allies on the Board of Supervisors starting to push back and restore a more honest and equitable balance of power at City Hall.

There was no excuse for Lee and his political appointees on the San Francisco Public Utilities Commission to sabotage a decade of work creating the CleanPowerSF program, the only mechanism the city has for creating the renewable energy projects we need to meet our climate change goals.

This was a program created by a veto-proof majority on the Board of Supervisors, the body that the City Charter gives the authority to create such programs on behalf of the people who elect them, then the SFPUC used a vote that should have been a procedural formality to block it (see “Power struggle,” 9/17/13).

Lee refused to work with the supervisors to address his stated concerns — most of which have already been addressed by now anyway, from the program’s cost to the involvement of Shell Energy North America, which is now out — draining the CleanPowerSF funding and providing more evidence that this ruse was really all about protecting PG&E from competition.

So Avalos and other progressives of the Budget & Finance Committee last week rejected the SFPUC budget, forcing Lee and allies to now bargain in good faith. That’s the kind of realpolitik in service of progressive values that we’ve been missing at City Hall in recent years, the willingness to get tough with the grinning mayor who disingenuously talks about civility while his operatives stab their opponents in the back.

Avalos is also sponsoring a fall ballot measure that would let voters fill vacancies on the Board of Supervisors, rather than letting the mayor, who heads the executive branch, stack the legislative branch of government in his favor. We should have done that a decade ago after Gavin Newsom executed his infamous “triple play” to gain another ally on the board, and it’s especially relevant now that two supervisors are running against either other for the Assembly.

Avalos isn’t stressing the balance of powers argument for his Let’s Elect our Elected Officials Act of 2014, which would call a special election to fill vacancies in all the locally elected positions if the next election was more than year away (both the Board of Education and City College Board of Trustees would appoint interim members). It even gives up the supervisors’ power to appoint a new mayor (with the board president serving the interim, as is now the law). San Francisco isn’t a dictatorship, as much as that might please Lee’s business community allies. The people and our district-elected supervisors need to have a stronger voice in how this city is being run, so we at the Bay Guardian are happy to see a few new green shoots of democracy springing up at City Hall.

Supervisors play politics with Sunshine appointments

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The Board of Supervisors today [Tues/20] considers reappointing three Sunshine Ordinance Task Force members after the board’s Rules Committee last week blocked other qualified nominees, including those named by organizations with designated seats on the board, a move critics say undermines the independence of the body.

SOTF is responsible for holding city officials to the open government ideals of the city’s voter-approved Sunshine Ordinance. When government makes backroom deals or shields public records from disclosure, the ordinance allow citizens (and journalists) to appeal to the SOTF, which rules on whether the ordinance was violated.   

Sunshine advocates say the supervisors are stacking the task force with ineffective political appointees and barring the appointments of qualified, independent candidates. The Sunshine Ordinance, which Bay Guardian editors helped create in the ‘90s, gives New American Media, The League of Women Voters, and the Society of Professional Journalists-Northern California direct appointments to SOTF, pending supervisorial approval.

The SPJ appointed Electronic Frontier Foundation staff attorney Mark Rumold, who works on EFF’s Transparency Project and has uncovered documents exposing federal surveillance activities, and Ali Winston, a local journalist who has broken big stories for the Center for Investigative Reporting and other media outlets using public records.

Rumold is considered one of the leading Freedom of Information Act litigators in the country, but was humble in his appointment interview at the Rules Committee. “I’m hoping to apply my experience to the task force to make San Francisco an open and more efficient government,” he said.

But those appointments and others were blocked last week at the Rules Committee by Sup. Katy Tang, who told the Guardian, “Personally, I would have liked to see stronger applicants,” claiming that they didn’t seem to have a good understanding of the Sunshine Ordinance and that she wanted more ethnic diversity on the body.

Yet the backdrop of these blocked appointments is a running battle that the SOTF has had with the Board of Supervisors over the last couple years, stemming mostly from the SOTF finding that some supervisors violated the ordinance in 2011 by not making public a package of late amendments while passing the massive Parkmerced project.

The City Attorney’s Office disagreed with the SOTF interpretation, just as it did earlier that year when the SOTF voted to change its bylaws surrounding how a quorum is calculated. They were the latest battles in a longstanding battle between SOTF and the City Attorney’s Office, which sunshine advocates criticize as being too lenient on city agencies that refuse to release documents.

“I was around when the Sunshine Ordinance Task Force decided to change some of the rules against the advice of the City Attorney’s Office,” Tang told us, calling such actions improper conduct and saying she won’t support any SOTF members who took part in that vote.

Thomas Peele, who co-chairs SPJ’s Freedom of Information Committee, which made the appointments, told us that he understands Tang’s points about diversity, but he doesn’t understand why Rumold and Winston were rejected, calling them strong candidates.

“We put up excellent, well qualified candidates,” he said. “One of the country’s leading FOIA lawyers and a very good police watchdog reporter doing work with Propublica and CIR.”

While critics contend the Tang and other supervisors are trying to weaken SOTF as a watchdog agency, Tang told us it wasn’t about SPJ’s appointments, noting that she also delayed the League of Women Voters appointment of Allyson Washburn. But she said all remain under consideration and could come up for a vote next month.

“I have every intention of supporting someone put forth by those organizations,” Tang told us. “I will have a conversation with both those organizations about their nominees.”

The SOTF has long struggled to fulfill its mandate. It has little means of enforcing its rulings, which usually require further actions by the City Attorney’s Office or the San Francisco Ethics Commission to have teeth.

After the Rules Committee blocked the reappointment of Bruce Wolfe in 2012, citing his role in defying the City Attorney’s Office, it was essentially dormant for more than four months because it couldn’t meet without a seated member from the disability community, until Bruce Oka was finally appointed in November 2012.

Currently, the Sunshine Task Force has a backlog of over 62 complaints against city agencies for not adhering to the city’s sunshine records policies, dating back to 2012. The three re-appointments the Rules Committee did approve, which will go before the Board of Supervisors today, are Todd David, David Pilpel and Louise Fischer — none of whom have much support among longtime Sunshine Ordinance advocates.

“The supervisors,” Peele told us, “appear to have an issue with having a strong Sunshine Task Force.”

Karen Clopton, past president of the League of Women Voters said she was disappointed that Washburn, a former League board member, wasn’t appointed and said the SOTF should be independent: “It’s extremely important for us to make sure we entrust such an important task to an individual who is trustworthy, nonpartisan, and devoted to nonpartisanship.”

Shipyard artists promised affordable studios in solar-powered facility

Alarm bells went off last year when a small group of sculptors and painters in Building 101 at the Hunters Point Shipyard artists’ colony – one of the largest artist enclaves on the western seaboard, where even famed poet and artist Lawrence Ferlinghetti has a studio – faced possible loss of affordable studio space.

Some artists who had long occupied low-rent studios were threatened under a shortsighted relocation plan hatched by Lennar, the mega-developer that is undertaking a sprawling mixed-use and residential project spanning 770 acres at Hunters Point Shipyard and Candlestick Point.

Fortunately it now seems that the artist colony, which has been there since the 1980s, may face brighter days ahead. Not only were the small number of Building 101 artists spared from eviction, but another group of artists who currently occupy studios in buildings that are slated for demolition under Lennar’s plan have now been promised brand-new art studio space with affordable rents set in perpetuity. 

Commissioners of the Office of Community Investment and Infrastructure – better known as the successor agency to the San Francisco Redevelopment Agency – will today [Tue/20] consider a final plan for a new shipyard art facility, which is expected to pass. The 87,000 square foot structure would house 130 artists’ studios, plus a gallery space, a kiln room, a spray booth and more. 

The Shipyard Trust for the Arts (STAR), a nonprofit organization that’s represented the Shipyard artists since the mid-1990s, announced in a press statement May 19 that it had approved Lennar’s final building design – and had managed to convince the developer to install solar panels to save energy costs in an effort to keep monthly rental payments at affordable rates.

Under a 2004 agreement, Lennar guaranteed that there would be no net loss of studio space, and a stipulation in Lennar’s development agreement promised that rents in the new studio spaces to accommodate displaced artists would be based on building operating costs only. But even this seemingly minimal threshold would have resulted in a projected 50 percent rent spike for more than half the artists facing relocation. This would have forced some of them off the shipyard, and out of San Francisco by default – dealing yet another blow to the city’s arts community.

In the course of a long and arduous negotiating process with Lennar with input from OCII, the shipyard artists proposed that Lennar supply solar energy to the building, which would allow the savings in utility costs to be put toward subsidizing studio rents for artists who would be otherwise forced out.

“That was really outside of their obligations,” noted Amabel Akwa-Asare, OCII assistant project manager, who has been working with Lennar and STAR on behalf of city government.

“It has been a long and difficult process,” said STAR vice president Stacey Carter, “but Lennar has agreed to put solar on the new artists studio building at Hunters Point Shipyard and STAR intends to use that savings to help offset the rents for qualified, low-income artists.”   

Fast food workers strike in the Bay Area and worldwide

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Bay Area fast food workers who walked out and picketed their stores last year are set for a repeat performance in their battle against the house that Big Mac built, timed to debut right as the Guardian hits the streets. And this strike is also set to expand.

On May 15, fast food workers worldwide plan to rise up in protest of unfair labor practices and punitive actions by their bosses. Fast food workers in the Bay Area will be joining the strike. Labor sources tell us their numbers may double thanks to new workers joining the movement in Pleasanton, Livermore, and Oakland.

The new Oakland march is twofold: One will picket a McDonald’s on East 12th Street, and another a McDonald’s on 14th and Jackson.

“I haven’t had a raise in three years,” a McDonald’s worker who identified herself as Markeisha told us just after she went out on strike from an Oakland McDonald’s in December. And contrary to the common narrative of fast food workers being independent teenagers, Markeisha said she has two children, and she is their sole provider.

Another common misconception is that workers are merely fighting for higher wages. Although raises are among their needs, fast food workers also contend they are a vulnerable workforce. Wage theft, low salaries, slashed hours, and punitive measures for speaking out are among the grievances fast food workers allege against their bosses at chains including McDonalds, Burger King, and Taco Bell.

“One thing we found when talking to fast food workers was wage theft issues were high,” Service Employees International Union Local 1021 Political Director Chris Daly told the Guardian. “When you’re making $8-11 an hour, a couple shifts can be the difference between paying the rent or not.”

Workers we talked to at the last strike alleged their jobs at McDonald’s and Kentucky Fried Chicken paid so low they had to also enroll in CalFresh (food stamps) to afford food. That sort of government subsidy for big business puts a strain on the taxpayer, former Labor Secretary and current UC Berkeley professor Robert Reich noted on his blog.

McDonalds alleges last year’s actions were strikes-in-name-only. “To right-size the headlines, however, the events taking place are not strikes. Outside groups are traveling to McDonald’s and other outlets to stage rallies,” McDonald’s wrote in a press statement.

Counter to the corporate narrative, the Bay Guardian witnessed multiple Oakland McDonalds workers joining picket lines (captured on video: “Oakland joins 100 cities in national strike,” Dec. 5,www.sfbg.com).

The next Fast Food Strike will have a world focus. Earlier this month, Salon.com reported the strike will reach cities including Karachi, Casablanca, London, Bangkok, Buenos Aires, Geneva and San Salvador.

“The fast food organizing across the country speaks to how this issue is capturing not just the public imagination,” Daly told us, “but speaking to low-wage workers realities to struggling simply to live.” 

Stored power

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rebecca@sfbg.com

BASED ON EARTH

For this second installment of our environmental news column, we’re looking at climate change from wildly different perspectives. We’ll explore whether local green-tech manufacturing firms can help wean California off fossil fuels, highlight some key data from the National Climate Assessment, and hear from an Amazonian shaman who’s fed up with white people making a mess of the planet and his home territory.

 

STASHING ELECTRONS

A new green technology sector in the Bay Area could help find the missing puzzle piece needed to establish a sustainable clean-energy mix for the state’s future.

Californians continue to rely on a majority of electricity sources that are environmentally unfriendly: natural gas, nuclear power, and even coal. Generating electricity by burning fossil fuels contributes to air pollution, consumes vast quantities of freshwater, and releases greenhouse-gas emissions, exacerbating global climate change.

But this is all starting to change. Since California requires utilities to convert one-third of their energy mix to renewable sources by 2020, there’s incentive for investment in carbon-free alternatives, such as wind and solar. Meanwhile, procurement decisions at the California Public Utilities Commission have pushed utilities to purchase more renewable power.

“Solar is succeeding beyond people’s expectations around the world,” because pricing has come down, said Julie Blunden, a consultant and energy-sector expert who formerly served as vice president at SunPower. “California set itself up to say, ‘we’re for changes to our power sector.'”

But renewables have an inherent problem — the power they produce can’t always be tapped just when it’s needed. Without some way to store the electricity generated by a wind or solar array, to be kept on hand for when demand hits a peak, wind and solar are unreliable for primary energy generation because they’re subject to fluctuations in wind and natural light. This is where energy storage comes in.

Throughout the Bay Area, companies specializing in battery manufacturing are starting to gain traction, with 11 regional battery manufacturers enrolling in CalCharge, an accelerator program for energy storage created with help from the U.S. Department of Energy and the California Clean Energy Fund.

CalCharge gives regional energy-storage companies access to national laboratories such as Lawrence Berkeley National Lab, facilities described by DOE renewables expert David Danielson as “science and engineering powerhouses at the forefront of clean energy innovation.”

One of the first grid-scale energy storage firms to join CalCharge is EnerVault, a flow battery manufacturer that’s working on a major installation in Turlock that will be co-located with a tracking solar system and an electric irrigation pump.

“The little dark secret about solar is that it’s intermittent,” explained Tom Steipen, CEO of Primus Power, a flow battery manufacturing firm based in Hayward that recently joined CalCharge.

On cloudy days, solar arrays won’t produce as much power. Wind presents similar challenges: “Wind in North America is stronger at night — but we don’t need it at night, we need it in the afternoon. So anything you can do to de-couple the instantaneous supply from demand is good for the environment, good for the economy, and that’s what energy storage does. … I like to describe it as a warehouse of electrons.”

Primus makes energy pods — an array of batteries that stand about six feet tall, placed in two rows within a shipping container — fed by renewable power arrays and tied in with the grid.

The pods can be stacked in Lego-like fashion, enabling more energy storage. They are then positioned beside a second shipping container, outfitted with equipment to convert stored DC power to AC power that can be sent over transmission lines.

Primus Power plans to make one of its first energy pod shipments to Miramar, the site of a marine base near San Diego where the movie Top Gun was filmed. The base is powered with its own contained micro-grid, but it was impacted by brownouts a couple years ago. With this project, Primus faces a test for its energy pods, which are estimated to last up to 20 years: Can the flow batteries, in combination with solar, produce reliable electricity for three full days?

If the pods can supply a smooth power supply, Primus wins — but more importantly, it will be a vote of confidence for carbon-free energy sources as significant sources of electricity generation.

 

“MONEY WON’T SAVE THE WORLD”

Davi Kopenawa is sometimes called the “Dalai Lama of the Rainforest.” He’s a shaman, activist, and spokesperson for his Yanomami tribe, the largest relatively isolated tribe in South America, which lives according to traditional indigenous ways in territory located within the Brazilian Amazon.

After years of battling the Brazilian government, Kopenawa and his people won a successful campaign for demarcation of the Yanomami territory in 1992. He co-wrote a book, The Falling Sky, with French anthropologist Bruce Albert, recently published by the Harvard University Press.

Today, the Yanomami are facing new pressures. Mining speculators are encroaching into their indigenous territory, causing fears of displacement, environmental destruction, and disease. In the past, exposure to disease brought dire consequences, resulting in widespread fatalities.

Kopenawa recently made a rare visit to San Francisco, giving talks at the Presidio Trust, UC Berkeley, and City Lights Books — and we got the chance to interview him while he was here.

Speaking via translation provided by Fiona Watson, research director of the human rights organization Survival International, Kopenawa talked about the Yanomami’s looming worries of environmental destruction and displacement that could be ushered in by mining companies.

“People are returning, invading it again, and repeating exactly what happened 20 years ago,” he told us. “These people are mainly gold miners who are looking for the riches of the Earth … They’re looking for oil, diamonds, and other precious materials, which is what white people want.”

He travels in part to seek support from the international community. “The majority of Yanomami have never left their land — they haven’t come out like I have,” he said. “So they don’t really see at close quarters how we are fighting against the politicians. However, the Yanomami and I, we continue to fight.”

Kopenawa had a lot to say about climate change and what has been done so far to address it: “All of you, the governments, the white people, need to listen to us, if you want to control the rich people who are always there … seeking raw materials from the earth, cutting down the forests, destroying the rivers.”

Indigenous leaders have spoken out internationally on the issue of climate change, he added, but the message has fallen on deaf ears. “They had the big UN climate meeting in Copenhagen,” he said. “But that didn’t result in anything. They only wasted money. They made us think that the city people would resolve things, but they couldn’t. The problem is the governments don’t listen. … The problem really is about capitalism, that’s at the root of the problem.”

Kopenawa’s perspective as a shaman in an indigenous culture is radically different from the world of government and politics, and he shakes his head at what he sees as utter complacency when it comes to implementing meaningful change.

“They’re only interested in the Internet, in paper, building more roads, stripping out the riches of the earth, destroying the trees,” he said. “We are different. We see the dangers, and we see that they are getting nearer. The cities are growing, the population is growing, and so the pollution is growing. There’s a lot of money in the world…But money won’t save the world.”

He advocates a new way of thinking about human progress.

“People have to stop thinking about ‘progress,’ which is pulling out the riches of the earth, and negotiating and doing business and having money all the time,” he said. “This is the error of the city people. I’ve tried to tell the city people, you need to minimize this problem of the climate, or else it will stop raining. And it will keep getting hotter.”

 

MORE WILDFIRES, LESS WATER

The Obama Administration unveiled the third National Climate Assessment on May 6, a hefty document detailing climate change impacts facing every region of the U.S.

Unsurprisingly, California’s own climate-related woes stem from water scarcity. Here are some details:

More money needed for drinking water. “Climate change will increase the cost of maintaining and improving drinking water infrastructure [estimated at $4.6 billion annually as things stand], because expanded wastewater treatment and desalinating water for drinking are among the key strategies for supplementing water supplies.”

Market impacts on delicious agricultural products. “California produces about 95 percent of U.S. apricots, almonds, artichokes, figs, kiwis, raisins, olives, cling peaches, dried plums, persimmons, pistachios, olives, and walnuts, in addition to other high-value crops. Drought and extreme weather affect the market value of fruits and vegetables more than other crops because they have high water content.”

More wildfires. “Numerous fire models project more wildfire as climate change continues. Models project … up to a 74 percent increase in burned area in California, with northern California potentially experiencing a doubling under a high emissions scenario toward the end of the century.”

Based on Earth is a monthly column by Guardian News Editor Rebecca Bowe.