Governor

Bridgeworthy

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Clouds of Sils Maria (Olivier Assayas, US/France/Switzerland/Germany) A cunning backstage drama occupying the middle ground between Olivier Assayas’ naturalistic dramas and reality-bending puzzles, Clouds of Sils Maria is set in the Swiss Alps and more nearly in the charged intimacy between an aging actress (Juliette Binoche) and her young assistant (Kristen Stewart). The grand dame has been cast in the same play in which she made her name decades earlier, only now she’s playing the older half of a Sapphic duo. “The play’s the thing,” and as actress and assistant rehearse lines they are simultaneously testing the bounds of their shared privacy. Further complicating things, Assayas’s brash characterization of the young starlet (Chloë Grace Moretz) cast opposite Binoche in the play invariably recalls Stewart’s own tabloid trials; like any hall of mirrors, entering Clouds of Sils Maria is much simpler than finding your way out. Assayas certainly isn’t the first filmmaker to examine slippages between actor and role, and yet he seems uniquely sensitive to rendering performance as simultaneously being a matter of artifice and absorption — the fact that it’s never entirely one thing or the other is what keeps things interesting. Fri/3, 8:45pm, Sequoia; Mon/6, 1pm, Smith Rafael. (Max Goldberg)

Dracula vs. Frankenstein (Al Adamson, US, 1971) MVFF had the bright idea this year of inviting Metallica to be its artists-in-residence, with each of the four members selecting a new or revival feature for the program. The most eccentric choice by far is guitarist and diehard horror fan Kirk Hammett’s. Drive-in schlock king Al Adamson’s 1971 cult classic is a triumph of lurid incoherence starring genre veterans Lon Chaney Jr. and J. Carrol Naish (both in their last film appearances), the director’s busty peroxided wife, Regina Campbell, Russ Tamblyn of 1961’s West Side Story (and Adamson’s 1969 biker epic Satan’s Sadists), and as Count Dracula, one Zandor Vorkov — aka Roger Engel, a goateed stockbroker who got the part because the filmmakers couldn’t afford forking out $1,200 for their first choice, John Carradine. Cobbled together from stock footage, a prior abandoned feature, and whatever trendy ideas came to mind (LSD, biker gangs, etc.), Dracula vs. Frankenstein is the ultimate exploitation-movie example of make-do disorder so profound it achieves a sort of surrealist genius. Fri/3, 10pm, Smith Rafael. (Dennis Harvey)

 

Imperial Dreams (Malik Vitthal, US) Focused on survival rather than violence, Malik Vitthal’s accomplished first feature offers a strong riposte to those who dismiss crime in African American communities as some kind of pervasive racial characteristic. Released from a prison stint on an assault charge, Bambi (John Boyega) wants nothing more than to keep his nose clean and reconnect with his four-year-old son (played by twins Ethan and Justin Coach). The latter has been raised — if you can call it that — by Bambi’s strung-out mother (Kellita Smith) and drug-dealing uncle (Glenn Plummer); the boy’s own mother (Keke Palmer) is still stuck in prison herself on an unrelated charge. It’s no healthy environment for a kid, or an adult either, since the uncle keeps trying to force Bambi back into illegal doings. Our protagonist can’t get a job without a driver’s license; can’t get a license without paying the back child support his imprisoned ex didn’t even file for; as a parolee, can’t move into government housing with his brother (Rotimi Akinosho); and can’t seem to make a move without local cops suspecting the worst of him. This low-key, Watts-set drama is sobering but not hopeless, and the tenderness between father and son never feels like a sentimental ploy. Sat/4, 5:30pm, Lark; Sun/5, 2pm and Oct 8, 11:30am, Smith Rafael. (Harvey)

 

Diplomacy (Volker Schlöndorff, France) Based on Cyril Gely’s play — itself inspired by real-life events — this drama from Volker Schlöndorff (1979’s The Tin Drum) is set during the waning days of World War II and stars the actors who originated the stage roles: Niels Arestrup as weary German military governor von Choltitz, and André Dussollier as crafty Swedish consul-general Nordling. Diplomacy puts a tighter focus on chaotic Paris, circa August 1944, than previous works (like 1966’s similarly-themed Is Paris Burning?), with most of the action confined to a hotel suite as the men discuss von Choltitz’ orders, handed down from a spiteful Hitler, to blow up Paris as the Allies loom. Nordling’s negotiating skills are already known by history, but how he got there, as imagined here, makes for tense, tightly-scripted and -acted viewing. Sat/4, 8pm, Sequoia; Oct. 8, 3:30pm, Smith Rafael. (Cheryl Eddy)

 

Charlie’s Country (Rolf de Heer, Australia, 2013) David Gulpilil memorably made his film debut as the nameless aboriginal youth whose ability to live off the land in harsh Outback terrain saves two lost British children in Nicolas Roeg’s 1971 Walkabout. Forty-three years later he’s an embittered hostage to “civilization” yearning for that near-extinct way of life. Living on a reservation in northern Australia, chafing under the regulations of well-intentioned government overseers (or “thieving white bastards,” as he calls them), he tries to regain some sense of independence and harmony with nature by hunting — only to have his weapons confiscated. Peers who remember traditional ways are dying out or being hauled off to urban hospitals where they feel completely alienated. This latest from ever-idiosyncratic Aussie director Rolf de Heer (2006’s Ten Canoes, 1993’s Bad Boy Bubby) is one of his more conceptually simple efforts, sans elements of fantasy, black humor, or outrageousness. But it’s all the more poignant for its clear-eyed purity of intent. Sun/5, 7:45pm, Lark; Oct. 8, noon, Sequoia. (Harvey)

Gett: The Trial of Viviane Amsalem (Ronit Elkabetz and Shlomi Elkabetz, Israel/France/Germany) Ever felt trapped in a relationship? Odds are what you went through was nothing compared to the maximum-security imprisonment suffered by the titular protagonist in siblings Ronit and Shlomi Elkabetz’s Israeli drama. The former plays a middle-aged woman who was married off at age 15, and three decades of incompatibility later has decided the only solution is divorce. (By this point she’s already lived separately with most of their children for several years, supporting them with her own work.) But that can only be granted by a Rabbinical Court whose three members seem to see almost no reason why man should put asunder what God purportedly joined together in matrimonial contract. Seemingly out of sheer spite, the strictly religious (and humorless) husband played by Simon Abkarian further drags the process out for months, even years by refusing to cooperate when he doesn’t flat-out refuse to show up for mandated court sessions. Set entirely in the plain courtroom, this Israeli Oscar submission is claustrophobic both physically and psychologically — the strangling sensation of being in a situation our heroine’s culture and laws won’t permit escape from is excruciating at times. Mon/6, 7:30pm, Sequoia; Oct. 8, 6pm, Smith Rafael. (Harvey)

 

What We Do in the Shadows (Jermaine Clement and Taika Waititi, US/New Zealand) Before you groan “Oh no, not another mockumentary horror spoof,” be informed that this is THE mockumentary horror spoof, rendering all other past and prospective ones pretty well unnecessary. Vijago (Taika Waititi) is our 379-year-old principal guide as a film crew invades the decrepit Wellington, New Zealand, home he shares with three other undead bloodsuckers: Callow newbie Deacon (Jonathan Brugh), who refuses to do his assigned domestic chores; medieval Transylvanian warlord Vladislav (Jermaine Clement), still “a bit of a perv” torture-wise; and Nosferatu-looking mute Petyr (Ben Fransham), who’s scarier than the rest of them combined. When the latter recklessly “turns” local layabout Nick (Cori Gonzalez-Macuer), his loose lips — really, you don’t want to go around telling every pub acquaintance “I’m a vampire!” when you really are — threaten this fragile commune of murderous immortals. Though it loses steam a bit toward the end, Shadows is pretty hilarious for the most part, with its determined de-romanticizing of vampire clichés from Bram Stoker to Twilight. Tue/7, 7:45pm, and Oct. 9, 4pm, Smith Rafael. (Harvey)

The Theory of Everything (James Marsh, UK/US) It’s instant attraction when Stephen Hawking (Eddie Redmayne) meets Jane Wilde (Felicity Jones), though a dark cloud passes over the sweet romance between the Cambridge students when Stephen learns he has motor neuron disease. The odds are against them, but they get married anyway; as Stephen’s fragile condition worsens, his fame as a brilliant physicist grows. Though The Theory of Everything suffers from biopic syndrome (events are simplified for dramatic convenience, etc.), director James Marsh (2008’s Man on Wire), working from Jane Hawking’s memoir, does offer an intimate look at an extraordinary marriage that ultimately failed because of utterly ordinary, ultimately amicable reasons. In the end, the performances are far more memorable than the movie itself, with Redmayne’s astonishingly controlled physical performance matched scene for scene by Jones’ wide-rangingly emotional one. Oct. 9, 7pm, Smith Rafael. (Eddy)

In Order of Disappearance (Hans Petter Moland, Norway/Sweden/Denmark) Stellan Skarsgård makes like Liam Neeson in this bloody yet droll revenge saga. His unfortunately named Nils Dickman is a Swedish émigré living in a remote Norwegian community, working as a snow plowman. When their only son is kidnapped and killed — the innocent victim of a co-worker’s stupid plan to steal cocaine from major-league drug traffickers — his wife bitterly assumes he must have been the hapless addict that circumstances paint him as. But Nils refuses to accept that explanation, his own dogged investigations (and heavy fist) soon exposing a complex web of goons responsible, most notably rageaholic vegan racist villain Ole (Pal Sverre Hagen). He triggers full-scale war between local and Serbian crime factions to eliminate those few perps he doesn’t off himself — an ever-rising body count marked by onscreen titles commemorating each latest casualty. Hans Petter Moland’s film has been compared to Tarantino, and indeed there are similarities, but the frozen-north setting and bone-dry humor are Scandinavian as can be. Oct. 10, 5:45pm, Smith Rafael; Oct 12, 2:45, Sequoia. (Harvey)

MILL VALLEY FILM FESTIVAL
Oct 2-12, $8-14
Lark Theater
549 Magnolia, Larkspur
Cinearts@Sequoia
25 Throckmorton, Mill Valley
Smith Rafael Film Center
1118 Fourth St, San Rafael
www.mvff.com

Ammiano “angry” as Brown vetoes prosecutor misconduct bill

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

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

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

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

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

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

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

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

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

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

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

Ron Conway’s attack on Campos fails to persuade actual feminists

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Remember when deep-pocketed tech investor Ron Conway poured hefty cash into an independent expenditure committee to finance campaign mailers designed to smear Assembly candidate Sup. David Campos, by equating his vote to reinstate Sheriff Ross Mirkarimi with support for murderous domestic abusers?

Well, those ads carried little sway with the National Organization for Women, California’s largest feminist organization. The statewide group’s political action committee sent out a press release Mon/22 to announce its endorsement of Campos for California Assembly District 17. In addition to listing some positive things Campos has done for women, such as creating a 25-foot buffer zone at the Planned Parenthood Clinic near St. Luke’s Hospital to protect women from harassment by anti-abortion activists, NOW’s press release specifically berated his opponents for these “misleading attacks.”

Reached by phone, California NOW President Patricia Bellasalma said the attack mailers qualify as “really outrageous.”

And furthermore, she added, where was this financier when actual protections against domestic violence were being gutted in Sacramento?

“This individual that spent all of this money,” Bellasalma said, referring to Conway, “I didn’t see him in Sacramento when the governor completely got rid of the domestic violence mandate,” a state law mandating law enforcement response to domestic abuse calls, recording of those calls to emergency personnel, maintenance records of protection orders, and incident reports.

“If we want to have a discussion about what the city and county of SF should be doing in the area of violence … it doesn’t belong in this race,” Bellasalma added, “and it has nothing to do with either of them,” referring to Campos and his opponent, Board President David Chiu.

Across California, “The vast majority [of] the progressive women’s organizations are with David Campos,” Bellasalma added. “If you’re a Sheryl Sandberg ‘Lean In’ sort of gal, then David Chiu is more your thing.”

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

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Gov. Brown. Veto SB 1300

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

 

 

 

 

 


 

Voters still in the dark on campaign funding

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

The California DISCLOSE Act — which stands for “Democracy is Strengthened by Casting Light on Spending in Elections” – needed a two-thirds vote to pass both houses of the California Legislature, but ended up being withdrawn without ever being brought to a vote.

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

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

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

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

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

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

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

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

Tom’s legacy

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steve@sfbg.com

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

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

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

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

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

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

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

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

 

 

LIFE OF THE CAPITOL

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

 

SPARKING CHANGE

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

FLOOR SHOW

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

 

COMING OUT

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

 

WHAT’S NEXT

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

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

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

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

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

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

But what about Ammiano’s own political future?

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

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

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

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

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

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

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

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Gearing up for war

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joe@sfbg.com

A tear gas canister explodes as citizens flee from the gun-toting warriors, safely guarded behind their armored vehicles. Dressed in patterned camo and body armor, they form a skirmish line as they fire projectiles into the crowd. Flash bang explosions echo down the city’s streets.

Such clashes between police and protesters have been common in Ferguson, Mo., in the past few weeks since the death of Michael Brown, an unarmed black teenager killed by a police officer. But it’s also a scene familiar to anyone from Occupy Oakland, where Iraq veteran Scott Olsen suffered permanent brain damage after police shot a less-than-lethal weapon into his head, or similar standoffs in other cities.

police embed 1As the country watched Ferguson police mobilize against its citizens while donning military fatigues and body armor and driving in armored vehicles, many began drawing comparisons to soldiers in Iraq or Afghanistan — indeed, viral photos featuring side-by-side comparisons made it difficult to distinguish peace officers from wartime soldiers.

So how did law enforcement officers in police departments across the country come to resemble the military? And what impact is that escalation of armaments having on otherwise peaceful demonstrations? Some experts say the militarization of police actually encourages violence.

Since the ’90s, the federal Department of Defense has served as a gun-running Santa Claus for the country’s local police departments. Military surplus left over from wars in the Middle East are now hand-me-downs for local police across the country, including here in the Bay Area.

A grenade launcher, armored command vehicles, camera-mounted SWAT robots, mounted helicopter weapons, and military grade body armor — these are just some of the weapons and equipment obtained by San Francisco law enforcement agencies since the ’90s. They come from two main sources: the Department of Defense Excess Property Program, also known as the 1033 loan program, and a multitude of federal grants used to purchase military equipment and vehicles.

A recent report from the American Civil Liberties Union, “The War Comes Home: The Excessive Militarization of American Policing,” slammed the practice of arming local police with military gear. ACLU spokesperson Will Matthews told us the problem is stark in the Bay Area.

“There was no more profound example of this than [the response to] Occupy,” he told the Guardian. He said that military gear “serves usually only to escalate tensions, where the real goal of police is to de-escalate tension.”

The ACLU, National Lawyers Guild, and others are calling for less provocative weaponry in response to peaceful demonstrations, as well as more data to track the activities of SWAT teams that regularly use weaponry from the military.

The call for change comes as a growing body of research shows the cycle of police violence often begins not with a raised baton, but with the military-style armor and vehicles that police confront their communities with.

 

PREPARING FOR BATTLE

What motivation does the federal government have to arm local police? Ex-Los Angeles Police Department Deputy Chief Stephen Downing told the Guardian, “I put this at the feet of the drug war.”

The initial round of funding in the ’90s was spurred by the federal government’s so-called War on Drugs, he said, and the argument that police needed weaponry to match well-armed gangs trafficking in narcotics. That justification was referenced in the ACLU’s report.

After 9/11, the desire to protect against unknown terrorist threats also spurred the militarization of police, providing a rationale for the change, whether or not it was ever justified. But a problem arises when local police start to use the tactics and gear the military uses, Downing told us.

When the LAPD officials first formed military-like SWAT teams, he said, “they always kept uppermost in their mind the police mission versus the military mission. The military has an enemy. A police officer, who is a peace officer, has no enemies.”

“The military aims to kill,” he said, “and the police officer aims to preserve life.”

And when police departments have lots of cool new toys, there is a tendency to want to use them.

When we contacted the SFPD for this story, spokesperson Albie Esparza told us, “Chief [Greg Suhr] will be the only one to speak in regards to this. He is not available for the next week or two. You may try afterwards.”

 

“CRAIGSLIST OF MILITARY EQUIPMENT”

Local law enforcement agencies looking to gear up have two ways to do it: One is free and the other is low-cost. The first of those methods has been heavily covered by national news outlets following the Ferguson protests: the Department of Defense’s 1033 loan program.

The program permanently loans gear from the federal government, with strings attached. For instance, local police can’t resell any weapons they’re given.

To get the gear, first an agency must apply for it through the national Defense Logistics Agency in Fort Belvoir, Va. In California, the Governor’s Office of Emergency Services is the go-between when local police file grant applications to the DLA.

The bar to apply is low. A New Hampshire law enforcement agency applied for an armored vehicle by citing that community’s Pumpkin Festival as a possible terrorism target, according to the ACLU’s report. But the report shows such gear is more likely to be used against protestors or drug dealers than festival-targeting terrorists.

“It’s like the Craigslist of military equipment, only the people getting this stuff are law enforcement agencies,” Kelly Huston, a spokesperson of OEMS, told the Guardian. “They don’t have to pay for this equipment, they just have to come get it.”

Troublingly, where and why the gear goes to local law enforcement is not tracked in a database at the state level. The Guardian made a public records requests of the SFPD and the OEMS, which have yet to be fulfilled. Huston told us the OEMS is slammed with records requests for this information.

“The majority of the documents we have are paper in boxes,” Huston told us, describing the agency’s problem with a rapid response. “This is not an automated system.”

The Guardian obtained federal grant data through 2011 from the OEMS, but with a caveat: Some of the grants only describe San Francisco County, and not the specific agency that requested equipment.

Some data of police gear requested under the 1033 loan program up to 2011 is available thanks to records requests from California Watch. The New York Times obtained more recent 1033 loan requests for the entire country, but it does not delineate specific agencies, only states.

Available data shows equipment requested by local law enforcement, which gravitates from the benign to the frightening.

 

TOYS FOR COPS

An Armament Subsystem is one of the first weapons listed in the 1033 data, ordered by the SFPD in 1996. This can describe mounted machine guns for helicopters (though the SFPD informed us it has since disbanded its aero-unit). From 1995 to 1997, the SFPD ordered over 100 sets of fragmentation body armor valued at $45,000, all obtained for free. In 1996, the SFPD also ordered one grenade launcher, valued at $2,007.

Why would the SFPD need a grenade launcher in an urban setting? Chief Suhr wouldn’t answer that question, but Downing told us it was troubling.

“It’s a pretty serious piece of military hardware,” he said. “I’ll tell you a tiny, quick story. One of the first big deployments of SWAT (in Los Angeles) was the Black Panthers in the ’60s. They were holed up in a building, well armed and we knew they had a lot of weapons in there,” he said. “They barricaded the place with sandbags. Several people were wounded in the shooting, as I recall. The officers with military experience said the only way we’ll breach those sandbags and doors is with a grenade launcher.”

In those days, they didn’t have a grenade launcher at the ready, and had to go through a maze of official channels to get one.

“They had to go through the Governor’s Office to the Pentagon, and then to Camp Pendleton to get the grenade launcher,” Downing told us. “[The acting LAPD chief] said at the time, ‘Let’s go ahead and ask for it.’ It was a tough decision, because it was using military equipment against our citizens.”

But the chief never had to use the grenade launcher, Downing said. “They resolved the situation before needing it, and we said ‘thank god.'”

The grenade launcher was the most extreme of the equipment procured by local law enforcement, but there were also helicopter parts, gun sights, and multitudes of armored vehicles, like those seen in Ferguson.

By contrast, the grants programs are harder to track specifically to the SFPD, but instead encompass funds given to the San Francisco Municipal Transportation Agency, the Sheriff’s Department, and even some schools. That’s because the grants cover not only allow the purchase of military surplus vehicles and riot gear, but also chemical protective suits and disaster-related supplies.

But much of the requested gear and training has more to do with active police work than emergency response.

San Francisco County agencies used federal loans to purchase $113,000 “command vehicles” (which are often armored). In 2010, the SFPD purchased a $5,000 SWAT robot (which often comes equipped with cameras and a remote control), as well as $15,000 in Battle Dress Uniforms, and $48,000 for a Mobile Communications Command Vehicle.

In 2008, the SFPD ordered a Bearcat Military Counterattack Vehicle for $306,000.

The Lenco website, which manufactures Bearcats, says it “may also be equipped with our optional Mechanical Rotating Turret with Cupola (Tub) and Weapon Ready Mounting System, suitable for the M60, 240B and Mark 19 weapons system.”

Its essentially an armored Humvee that can be mounted with rotating gun turrets.

police embed 2

Department of Homeland Security grants were used to purchase Type 2 Mobile Field Training, which Department of Homeland Security documentation describes as involving eight grenadiers, two counter-snipers, two prisoner transportation vans, and 14 patrol vehicles.

All told, the Bay Area’s many agencies were awarded more than $386 million in federal grants between 2008 and 2011, with San Francisco netting $48 million of those rewards. Through the 1033 loan program, San Francisco obtained over $1.4 million in federal surplus gear from 1995 to 2011.

But much of that was received under the radar, and with little oversight.

“Anytime they’re going to file for this equipment, we think the police should hold a public hearing,” Matthews, the ACLU spokesperson, told us.

In San Francisco, there is a public hearing for the procurement of military weapons, at the Police Commission. But a Guardian analysis of agenda documents from the commission shows these hearings are often held after the equipment has already been ordered.

Squeezed between a “status report” and “routine administrative business,” a March 2010 agenda from the commission shows a request to “retroactively accept and expend a grant in the amount of $1,000,000.00 from the U.S. Department of Justice.”

This is not a new trend. In 2007, the Police Commission retroactively approved three separate grants totaling over $2 million in funding from the federal government through the OEMS, which was then called the Emergency Management Agency.

Police Commission President Anthony Mazzucco did not respond to the Guardian’s emails requesting an interview before our press time, but one thing is clear: The SFPD requests federal grants for military surplus, then sometimes asks the Police Commission to approve the funding after the fact.

Many are already critiquing this call to arms, saying violent gear begets violent behavior.

 

PROVOCATIVE GEAR

A UC Berkeley sociologist, with his small but driven team and an army of automatic computer programs, are now combing more than 8,000 news articles on the Occupy movement in search of a pattern: What causes police violence against protesters, and protester violence against police?

Nicholas Adams and his team, Deciding Force, already have a number of findings.

“The police have an incredible ability to set the tone for reactions,” Adams told us. “Showing up in riot gear drastically increases the chances of violence from protesters. The use of skirmish lines also increases chances of violence.”

Adams’s research uses what he calls a “buffet of information” provided by the Occupy movement, allowing him to study over 200 cities’ police responses to protesters. Often, as in Ferguson, protesters were met by police donned in equipment and gear resembling wartime soldiers.

Rachel Lederman is a warrior in her own right. An attorney in San Francisco litigating against police for over 20 years, and now the president of the National Lawyers Guild Bay Area chapter, she’s long waged legal war against police violence.

Lederman is quick to note that the SFPD in recent years has been much less aggressive than the Oakland Police Department, which injured her client, Scott Olsen, in an Occupy protest three years ago.

“If you compare OPD with the San Francisco Police on the other side of the bay,” she told us, “the SFPD do have some impact munitions they bring at demonstrations, but they’ve never used them.”

Much of this is due to the SFPD’s vast experience in ensuring free speech, an SFPD spokesperson told us. San Francisco is a town that knows protests, so the SFPD understands how to peacefully negotiate with different parties beforehand to ensure a minimum of hassle, hence the more peaceful reaction to Occupy San Francisco.

Conversely, in Oakland, the Occupy movement was met by a hellfire of tear gas and flash bang grenades. Protesters vomited into the sidewalk from the fumes as others bled from rubber bullet wounds.

But some protesters the Guardian talked to noted that the night SFPD officers marched on Occupy San Francisco, members of the city’s Board of Supervisors and other prominent allies stood between Occupiers and police, calling for peace. We may never know what tactics the SFPD would have used to oust the protesters without that intervention.

As Lederman pointed out, the SFPD has used reactive tactics in other protests since.

“We’ve had some problems with SFPD recently, so I’m reluctant to totally praise them,” she said, recalling a recent incident where SFPD and City College police pepper-sprayed one student protester, and allegedly broke the wrists and concussed another. Photos of this student, Otto Pippenger, show a black eye and many bruises.

In San Francisco, a city where protesting is as common as the pigeons, that is especially distressing.

“It’s an essential part of democracy for people to be able to demonstrate in the street,” Lederman said. “If police have access to tanks, and tear gas and dogs, it threatens the essential fabric of democracy.”

#TBT: That time we called for California’s break-up

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So another scheme — in a long and rich history of such schemes — is attempting to break California into more digestible parts, and gaining national attention. Venture capitalist Tim Draper’s Six Californias is all but on the ballot, attempting to rechristen the Bay Area as Silicon Valley. Good luck with that! (Although we have to say, it might create the first openly weed-driven state economy — Northern California — which would be fun to see.)

In 2009, we, too, put forth a proposal to split California up — building on an idea from conservative Central California, and echoed in Daily Kos. It was a doozy, but a logical one, with some actual Six Californias affinity.

Our May 27 cover story, written by Rebecca Bowe and Tim Redmond, proposed to split Cali up for better management, representation, and economic/social justice, creating the playfully named states of Greenland, Sierrastan, Pinkostan, Coastland, Palm Sprawl, North Mexico, and Disney. (The accompanying cover, designed by Ben Hopfer and shown above, aped the New Yorker’s famous “New Yorkistan” cover.)  

The cover story itself grew from a Politics Blog post Tim Redmond had written in March of 2009, asking “Should California be split up?” — read the post below. As for creating states, we’ll be dreaming of Puerto Rico …

SHOULD CALIFORNIA BE SPLIT UP?

By Tim Redmond

It’s an interesting question. Nothing new, really — folks up in the northern part of the state have been talking about secession since the 1940s.

But these days, the talk has shifted from North-South to Central Valley-Coast.

There’s plenty of discussion going on — the New York Times
reports on a move by farmers in Visalia, who say those of us in the more liberal western regions don’t understand what it’s like in the center of the state:

Frustrated by what they call uninformed urban voters dictating faulty farm policy, Mr. Rogers and the other members of the movement have proposed splitting off 13 counties on the state’s coast, leaving the remaining 45, mostly inland, counties as the “real” California.

The reason, they say, is that people in those coastal counties, which include San Francisco and Los Angeles, simply do not understand what life is like in areas where the sea breezes do not reach.
“They think fish are more important than people, that pigs are treated mean and chickens should run loose,” said Mr. Rogers, who said he hitched a ride in 1940 to Visalia from Oklahoma to escape the Dust Bowl, with his wife and baby son in tow. “City people just don’t know what it takes to get food on their table.”

A former Assembly member is pushing a vertical split, too :

“Citizens of our once Golden State are frustrated and desperately concerned about the imposition of burdensome regulations, taxation, fees, fees and more fees, and bureaucratic intrusion into our daily lives and businesses,” declares downsizeca.org, the movement’s website.

And all of this comes as reformers form both the left and the right are talking about a new Constitutional Convention.

Athough some of the proponents are clearly nutty, the idea isn’t. As the noted political economist Gar Alperovitz wrote two years ago

The United States is almost certainly too big to be a meaningful democracy. What does “participatory democracy” mean in a continent? Sooner or later, a profound, probably regional, decentralization of the federal system may be all but inevitable.

He was talking about California becoming its own nation, but I’d argue that the same problem applies here. The budget crisis, the gridlock in Sacramento … all of it suggests that maybe California itself is too big to govern. There’s also clear evidence of dramatic regional differences. If you take the Central Valley from about Redding on down, and wrap in Orange County, you have a red state within a blue state where most of the residents say they want lower taxes and smaller government. Along the coast from about Sonoma County down to the southern part of Los Angeles County, you have people who generally would like to see taxes pay for public services. If the coast were a state, we could repeal Prop. 13 and build world-class schools. We’d have same-sex marriage and single-payer health insurance. And we’d still be one of the biggest states in America.

Now, I’m not sure the people in the central valley quite realize the problem with their plans, which is illustrated in this wonderful chart that comes from the office of Assemblywoman Noreen Evans of Santa Rosa (PDF).

The chart shows that the people who dislike and distrust government and don’t want to pay taxes are in fact the beneficiaries of the tax dollars that the rest of us pay. In California, tax money from the coast winds up paying for services in the central valley.

But that’s okay — if they don’t want our money any more, maybe we should tell them we’re fine with that. Maybe we should split the state not just in two but into three: Let the northern counties become the state of Jefferson, where pot will be legal and the residents will be so wealthy from taxes and exports of that cash crop that they’ll make oil-richAlaskans seem like paupers. Pot will be legal in the coastal communities, too, and will generate tax revenue.

We’ll have a Democratic governor, and overwhelmingly Democratic legislature, fewer prisons, better schools, cleaner air, no Ellis Act, rent controls on vacant apartments, more money for transit, strict gun control, support for immigrant rights … and no more of these ugly battles over budgets held hostage by right-wing Republicans.

And in the central valley, they can have their low taxes and conservative values, and watch their roads, schools, and public services go to hell. Maybe eventually they’ll figure it out.

Of course, we’d have to figure out the water rights. The folks in Jefferson would have control over much of the water that now goes South, and there would have to be some long-term water contracts between the states, but that shouldn’t be an insurmountable roadblock.

And the solution would create its own problems; The GOP would control the central state, and would move to abolish the Agricultural Labor Relations Act and make life even more miserable for farmworkers. But then, maybe Jefferson would turn off the water and big agribusiness would be SOL anyway.

As part of the break-up, all parties would have to agree to create a special relocation fund to help lonely, sad liberals from Modesto come west and to help lonely, sad Republicans in San Francisco to move east. I wonder which way the net migration would go.

Meanwhile, Evans has introduced my favorite tax bill of the year, AB 1342, and it’s related to this entire discussion. She wants to allow counties to levy their own income taxes and vehicle license fees. “We went through this difficult process of trying to arrive at a budget,” her spokesperson, Anthony Matthews, told me. “For those communities that have a different view of government [than the Republicans], this bill would let them raise their own taxes to fund their priorities.”

 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

 

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Reed Nelson contributed to this report.

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


Guardian Intel: Guardian Clean Slate clip-out guide, Intersection for the Arts halts programs

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GUARDIAN CLEAN SLATE

Our clip-out guide to take to the polls for the June 3 election. Read our full endorsements at www.tinyurl.com/SFBGJune2014Endorsements

GOVERNOR: Jerry Brown

LIEUTENANT GOVERNOR: Gavin Newsom

SECRETARY OF STATE: Derek Cressman

CONTROLLER: Betty Yee

TREASURER: John Chiang

ATTORNEY GENERAL: Kamala Harris

INSURANCE COMMISSIONER: Dave Jones

SUPERINTENDENT OF SCHOOLS: Tom Torlakson

BOARD OF EQUALIZATION: Fiona Ma

ASSEMBLY, DISTRICT 17: David Campos

ASSEMBLY, DISTRICT 19: Phil Ting

PROPOSITION 41: Yes

PROPOSITION 42: Yes

SF PROPOSITION B: Yes

SF SUPERIOR COURT JUDGE: Daniel Flores

CONGRESS, DISTRICT 12: Nancy Pelosi

CONGRESS, DISTRICT 13: Barbara Lee

CONGRESS, DISTRICT 14: Jackie Speier

MELTING ICE

Family members of federal immigration detainees gathered in downtown San Francisco May 23, calling for the release of three asylum seekers who’ve been detained in Texas for months. Joined by San Francisco Organizing Project activists and other supporters, they rallied outside the Immigration and Customs Enforcement building, and spoke about how tough it’s been to be separated from their loved ones. One detainee, Guatemalan refugee Ricardo Ivan Martinez, who previously lived in San Francisco with his wife and daughter, received death threats after reporting a rape to U.S. Border Patrol. Yeni and Dariela Escobar-Pereira, sisters from Honduras, fled from violence and are now being detained; their mom, a San Francisco resident, is worried sick. The detainees “have been subjected to the ‘hielera’ or the ‘ice box’,” according to a statement issued by faith groups lending support, “where detainees are placed in a cold room for hours and even days with little clothing.”

OCEAN PROTEST LAYDOWN

The best way to become environmentally conscious is to start young. 850 Marin students, grades 2-7, spent the better part of a day last week cleaning up Ocean Beach. After, the students laid down to form a Western Grebe plucking a fish out of the ocean, with the words “Only One Ocean” above it, for an aerial photo. Western Grebe populations are in decline, the California Coastal Commission said. There’s nothing more inspiring than young people doing something to save the world.

INTERSECTION HALTED

In the latest blow to San Francisco’s arts community, one of our oldest alternative art spaces, Intersection for the Arts, has halted its programming and laid off key staff.

“Our financial situation is deeply challenged,” wrote Board of Directors Chair Yancy Widmer in a post on Intersection for the Arts’ website (www.theintersection.org),

“and it has become apparent that the current business model is no longer sustainable.”

“With the specific shifts in the economy and culture of San Francisco, it has been increasingly difficult to operate and sustain a community-based nonprofit arts organization like Intersection,” ousted program directors Kevin B. Chen, Rebeka Rodriguez and Sean San Jose wrote in a joint statement.”

The decades-old studio and artists space will lay off most of its staff and program directors by the end of the month, and will no longer produce its own arts programming.

HOT OPERA

The San Francisco Opera‘s frisky summer season is upon us — this little sister to its annual cavalcade of spectacle is the perfect opportunity to dip your toes into the world of grand song and drama. Jerome Kern and Oscar Hammerstein II’s milestone musical Showboat (pictured) kicks the series off June 1, with La Traviata (June 11) and Madama Butterfly (June 15) following close behind. www.sfopera.org

DEFENESTRATION TOSSED

Enjoy it in its final weeks: Artist Brian Goggin’s iconic installation at San Francisco’s former Hugo Hotel at Sixth Street and Howard, “Defenestration” — the one with all the furniture climbing out of the building’s windows — is scheduled to be dismantled June 3. According to Laughing Squid, Goggin is preparing to sell the beloved furniture at the Varnish Fine Art Gallery. (www.varnishfineart.com)

 

Getting the Kink out

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joe@sfbg.com

The spotlights shone down, the athletes tussled, and the crowd screamed.

The toned and tattooed female wrestler tackled the topless, tanned, blond wrestler from behind, pulling her down like a tumbling tower. The mat thumped. Cheers erupted. In a sudden reversal, the tanned wrestler gained leverage with her right arm and slammed the tattooed fighter’s shoulders onto the mat, giving the blond the win.

What happened next was definitely not standard wrestling fare.

The tanned wrestler, triumphant, digitally penetrated the tattooed fighter. Her moans silenced the crowd, who listened, rapt. The fight wasn’t sport, but porn, America’s real favorite pasttime. Ultimate Surrender is just one of San Francisco-based studio Kink.com’s 30 or so paid subscription porn websites, including Fucking Machines, Everything Butt, and Hogtied.

But a new series of proposed state laws threatens the state’s porn industry, and the freakiest city on the West Coast may soon say goodbye to its highest profile porn purveyor, Kink.com, which for years has operated out of the historic Armory building on 14th and Mission streets.

The situation raises a question: Is Kink.com breaking up with San Francisco? If legislation requiring condoms on-set in porn and stricter state safety requirements become law, Kink.com CEO Peter Acworth tells the Guardian he has no choice but to leave California entirely.

“We can’t do business under those circumstances,” Acworth told us. “We can’t make a product that can compete.”

The tussle between pornographers, porn actors, and state lawmakers is a crucible where worker safety — and the right to choose how that safety is implemented — may soon be decided. Caught in the crossfire, freaky and sex-positive San Francisco stands to get a whole lot less kinky.

 

ECHOES OF LOS ANGELES

California Assembly Bill 1576 would legally require condom use while shooting porn, mandatory STD testing, and pornographic studios required to hold health records of their talent. The bill cleared the Assembly’s Committee on Labor and Employment just last month, the first step on a short road to gaining the governor’s signature.

Assemblymember Isadore Hall (D-Los Angeles), sponsored the bill, and the day it cleared committee he was triumphant.

“For too long, the adult film industry has thrived on a business model that exploits its workers and puts profit over workplace safety,” Hall said in a press statement. “The fact is, adult film actors are employees, like any other employee for any other business in the state. A minimum level of safety in the workplace should not have to be negotiated.”

The concern is largely over HIV infection on the sets of porn studios, and two parallel statewide efforts are working towards safety on porn sets. The state bill is the first, and the second is the renewed vigor in enforcing longstanding California Division of Occupational Safety and Health regulations.

In the early 1990’s, the federal Occupational Safety and Health Administration adopted a bloodborne pathogens regulation, and DOSH adopted a similar regulation soon after. DOSH’s standard requires employers to take measures to prevent employees’ eyes, skin, and mucous membranes from coming in contact with blood and “other potentially infectious materials,” including semen and vaginal secretions.

To some industries, the standard mandates rubber gloves and goggles. For the porn industry, the DOSH regulations are a moratorium on porn stars ejaculating on each others’ faces, deeming facials a workplace hazard. That standard porn finale can have life-changing ramifications.

“In 2004, there was a big (HIV) outbreak in the industry,” Eugene Murphy, senior safety engineer at DOSH, told the Guardian. “It was demonstrated HIV was clearly contracted on set.”

These infections mostly occurred in Los Angeles, once the center of the porn universe until Measure B arguably changed that. Los Angeles voters mandated porn studio condom use in 2012, and two years later, LA newspapers reported many pornographers have relocated to Las Vegas to escape the regulatory requirements.

The statewide pushback on porn is largely driven by the AIDS Healthcare Foundation, whose President Michael Weinstein has smiled for the cameras alongside Hall and other lawmakers every step of the way.

DOSH began its part in the porn crackdown in Los Angeles, but Murphy was charged with looking into San Francisco’s Kink.com, where Acworth is chafing against the idea of mandatory condoms.

 

RUBBERS REBUFFED

Acworth said he used to believe condoms should be mandatory for performers. After the porn set HIV infections in 2004, Kink.com buckled down.

“I attempted to run the business as condom mandatory for about a year,” Acworth told us. He even pronounced their necessity in an interview on CNN. But there were complications.

“There was pressure from the models themselves because of the chaffing issues,” he said. Porn performers have echoed those sentiments as well.

In an interview with entertainment site Nerve, popular porn star James Deen (see “Dick and smile,” 7/31/12) said he had no problem with personal condom use, but women he’s worked with often complained of chafing.

“I was talking to a girl about it and she was like, ‘Dude, I’m in pain everyday and constantly swollen,'” he told Nerve. “Condoms are intended to be used on an average-sized penis for average sex, and we have entertainment sex, for anywhere from 20 minutes to four hours.”

The condom effort tanked at Kink. Acworth said he withdrew the policy after listening to his performers’ wishes. The studio does adhere to 14-day HIV tests, and condoms are available in a “double-blind” agreement, by which actors can purportedly safely ask for condoms and not fear retaliation.

Despite those efforts, Kink was later awash in condom controversy. Earlier this year, DOSH fined Kink $78,000 in violations connected with the alleged on-stage HIV infections of two actors in 2013, one of whom alleged that a shoot continued despite one actor having a bleeding cut on his penis.

Acworth adamantly asserts the HIV transmission happened in these actors’ personal lives, and says the issue is used as a wedge by the AIDS Healthcare Foundation to push a political agenda. The Guardian attempted to contact the foundation but did not hear back by press time.

Regardless, Murphy said, DOSH is pursuing regulatory requirements around bloodborne pathogens at Kink, and the enforcement of those regulations is not tied to the whether the initial HIV infection case was verified or not.

“My concern,” Murphy said, “is whether there is a healthy and safe workplace.”

 

COMMUNITY TIES

Acworth came to San Francisco for the reasons many do: he wanted a place to be weird, or in his case, kinky.

He wanted a new home from which to shoot his leather porn site, Hogtied.com. New York City was big, but at the time (the ’90s), he felt San Francisco had a more established leather scene in the Folsom Street Fair and leather shops like Mr. S.

“San Francisco,” Acworth said, sitting across from us in a leather bondage chair, “appeared to be more geared up.”

Although not universally loved within the BDSM community, the studio is popular in San Francisco. Part of the credit may go to Kink’s recent revitalization of one of the largest spaces in its 200,000-square-foot historic brick fortress: the Drill Court.

The vast, arch-roofed space was outfitted with modern sound proofing for the benefits of performers and neighbors, but its life as a performance space is not new. In the 1920s, boxers traded blows under its lights, and history may repeat itself, Armor Community Center Sales Manager Quincy Krashna told us.

He’s in talks with Golden Boy Promotions (boxer Oscar De La Hoya’s company) to bring prize fighting back to this historic space. In recent months, the Drill Court played host to a massive New Year’s Eve party, a Game of Thrones-themed dance night and cancer fundraiser, and even an evangelical medical conference, where missionaries offered free dental and doctor checkups to the public.

“The Holy Spirit was truly present at this event,” a doctor from the program, Building Bridges, wrote on the program’s website.

Even bigger changes could be in store. Last month, Acworth filed an application with the city to convert most of the historic Armory into office space, what he called a “last ditch” plan in case the state condom ban passes and Kink decamps for Nevada.

“This move represents an insurance policy,” he told us.

In a public May 11 letter to Weinstein of the AIDS Healthcare Foundation, Acworth asked the foundation for a truce: “I am reaching out to you and AHF, in the hopes of a day where we may sit across the table from one another and agree on common goals and strategy on protecting performers as opposed to continuing this battle.”

As he notes in his letter, if pornographers lose this battle, the companies may relocate. If Acworth finds himself uncomfortably bound and gagged by new regulations, his safe word may be: Nevada.

Guardian endorsements

139

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

 

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

 

GOVERNOR: JERRY BROWN

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

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

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

 

LIEUTENANT GOVERNOR: GAVIN NEWSOM

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

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

 

SECRETARY OF STATE: DEREK CRESSMAN

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

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

 

CONTROLLER: BETTY YEE

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

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

 

TREASURER: JOHN CHIANG

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

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

 

ATTORNEY GENERAL: KAMALA HARRIS

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

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

 

INSURANCE COMMISSIONER: DAVE JONES

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

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

 

SUPERINTENDENT OF SCHOOLS: TOM TORLAKSON

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

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

 

BOARD OF EQUALIZATION: FIONA MA

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

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

 

ASSEMBLY, DISTRICT 17: DAVID CAMPOS

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

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

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

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

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

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

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

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

 

ASSEMBLY, DISTRICT 19: PHIL TING

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

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

 

PROPOSITION 41: YES

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

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

 

PROPOSITION 42: YES

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

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

 

SF’S PROPOSITION A: YES

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

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

 

SF’S PROPOSITION B: YES

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

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

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

 

SF SUPERIOR COURT JUDGE: DANIEL FLORES

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

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

 

CONGRESS, DISTRICT 12: NANCY PELOSI

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

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

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

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

 

CONGRESS, DISTRICT 13: BARBARA LEE

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

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

 

CONGRESS, DISTRICT 14: JACKIE SPEIER

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

Left out

37

steve@sfbg.com

It’s never been easy for progressives to mount a serious campaign for the California governor’s office. The high water mark was in 1934 when famous author/activist Upton Sinclair ran on his End Poverty In California platform and got nearly 38 percent of the vote despite being shut out by the major newspapers at the time.

That campaign was cited by both of this year’s leading leftist challengers to Gov. Jerry Brown — Green Party candidate Luis Rodriguez and Peace and Freedom Party candidate Cindy Sheehan — who say the goal of ending poverty is more important than ever, but who are also having a hard time getting media coverage for that message.

The latest Field Poll from April 9 shows Brown with a 40-point lead on his closest challenger, conservative Republican Tim Donnelly (57 to 17 percent, with 20 percent undecided). Republicans Andrew Blount and Neel Kashkari were at 3 and 2 percent, respectively, while Rodriguez and Sheehan are among the 11 also-rans who shared the support of 1 percent of the California electorate.

Perhaps that’s to be expected given that Brown is a Democrat who pulled the state back from the edge of the fiscal abyss largely by backing the Prop. 30 tax package in 2012, with most of the new revenue coming from increased income taxes on the rich. But to hear Rodriguez and Sheehan tell it, Brown is just another agent of the status quo at a time when the growing gap between rich and poor is the state’s most pressing problem.

“We have to put all our resources into ending poverty,” Rodriguez told us.

The campaigns that Rodriguez and Sheehan are running seem indicative of the state of progressive politics in California these days, with good work being done on individual issues by an array of groups, but little coordination among them or serious work on the kind of organizing and coalition-building needed to win statewide office.

There is still hope, particularly given California’s open primary system, where all Rodriguez or Sheehan need to do is beat the top Republican challenger in June in order to face Brown in a two-person race in November — an outcome that would definitely elevate their progressive message.

“One of our sayings is ‘second place wins the race,'” Sheehan told the Guardian.

But at this point, that seems unlikely, a longshot that points to the need for progressive-minded Californians to rebuild the movement and win over new generations of voters, particularly the young people disconnected from electoral politics and largely behind by the economic system.

 

REACHING VOTERS

When we asked Sheehan how her campaign was going, she replied, “It’s going.” When we pushed for a bit more, she told us, “It’s very, very grassroots and we’ve been trying to get the word out.”

And by “very, very grassroots,” Sheehan seems to mean that it’s not going very well, in terms of fundraising, volunteer support, media exposure, or any of the things a campaign needs to be successful. It’s been a disappointment for a woman who started her public political life as a media darling.

The year after Sheehan’s son Casey died fighting the Iraq War in 2004, she set up an encampment outside then-President George W. Bush’s ranch in Crawford, Texas, instantly becoming a high-profile anti-war activist just as public opinion was turning strongly against the war.

Sheehan parlayed that fame into international activism for peace and other progressive causes, writing a pair of autobiographical/political books, and mounting a primary challenge against then-Speaker of the House Nancy Pelosi in 2008, finishing in second place with about 16 percent of the vote. Sheehan was also the running mate of presidential candidate Roseanne Barr in 2012, although their Peace and Freedom Party ticket didn’t appear on the ballot in most states.

But these days, Sheehan has found it tougher to recapture the media spotlight she once enjoyed, causing her to sometimes bristle with frustration and a sense of entitlement, as she did with us at the Guardian for failing to help her amplify her message before now.

“Who came in 2nd against Pelosi? Who received well into ‘double digits?’ The campaign can’t get steam if ‘lefties’ put the same criteria as the [San Francisco] Chronicle for example for coverage. If I were truly in this for my ‘ego’ I would have quit a long time ago. You write, I campaign all over the world for the things I care about,” Sheehan wrote in a testy April 3 email exchange with me after a supporter seeking our coverage sent her a message in which I questioned the prospects of her campaign.

But getting progressive support in a race against Pelosi in San Francisco clearly isn’t the same thing as having a progressive campaign gain traction with a statewide audience, particularly because Sheehan doesn’t have many prominent endorsers or organizational allies.

By contrast, Rodriguez seems to be outhustling Sheehan, racing up and the down the state to promote his candidacy and work on rebuilding the progressive movement, with an emphasis on reaching communities of color who feel estranged from politics.

“People like me and others on the left need to step up if we’re not going to just accept the control of the two-party system. We have to fight for that democratic reality, we have to make it real,” Rodriguez told us. “You can’t just say vote, vote, vote. You have to give them something to vote for.”

 

ON THE ISSUES

Rodriguez is the author of 15 books, including poetry, journalism, novels, and a controversial memoir on gang life, Always Running, winning major writing awards for his work. He lives in the Los Angeles area, where he’s been active in community-building in both the arts and political realms.

Rodriguez is running on a platform that brings together environmental, social justice, and anti-poverty issues, areas addressed separately by progressive groups who have made only halting progress on each, “which is why we need to make them inseparable.”

While he said Brown has improved the “terrible situation he inherited from Schwarzenegger,” Rodriguez said that the fortunes of the average Californian haven’t turned around.

“People are hurting in the state of California. I think Brown has to answer for that,” Rodriguez said, noting that people are frustrated with the economic system and looking for solutions. “I don’t think Gov. Brown has a plan for it. In fact, I think he’s making it worse.”

Sheehan is critical of Brown for his opposition to full marijuana legalization, his resistance to prison reform, for allowing fracking, and for doing little to challenge the consolidation of wealth.

“My main issue is always, of course, peace and justice. But a corollary of that is for the resources of this state to be more fairly distributed to help people’s lives,” Sheehan said, calling that economic justice stand an outgrowth of her anti-war activism. “Since my son was killed, I’ve been starting to connect the dots about the empire we live under.”

When she studied California history at UCLA, Sheehan said, “I was inspired by Upton Sinclair and his End Poverty In California campaign in the ’30s.” She reminisces about the California of her childhood, when college education was free and the social safety net was intact, keeping people from economic desperation.

“It’s been done before and we can do it again,” Sheehan said. “I love this state, I love its potential, and I miss the way it was when I was growing up.”

 

OBSTACLES TO OVERCOME

Money is a challenge for statewide candidates given the size of California, which has at least a half-dozen major media markets that all need to be tapped repeatedly to reach voters throughout the state.

“I won’t take any corporate dollars and only people with money get heard,” Rodriguez told us.

But he says California has a large and growing number of voters who don’t identify with either major party, as well as a huge number of Latino voters who have yet to really make their voices heard at election time.

“I’m really banking on the people that nobody is counting,” Rodriguez said. “This is the time when people need to come together. We have to unite on these central things.”

That’s always a tough task for third-party candidates. Sheehan has a paltry list of endorsers, owing partly to the left-leaning organizations like labor unions staying with Brown, even though Sheehan claims many of their members support her.

“The rank and file is supportive of our message, but the leadership is still tied in with the Democratic Party,” Sheehan told us. “This state is deeply controlled by the Democratic Party, even more than it was a few years ago.”

But Sheehan considers herself a strong and seasoned candidate. “I’ve run for Congress, I’ve run for vice president, and I think that politics should be local,” Sheehan told us, saying her main strength would be, “I would work with people to create a better state, not against people.”

It was a theme she returned to a few times in our conversation, her main selling point. “It’s about inspiring a movement,” Sheehan said. “My biggest gift is getting out there and talking to people.” But if her strengths are indeed inspiring a movement, working with allies, and building coalitions, then why isn’t her campaign doing those things? Sheehan admits that it’s been difficult, telling us, “I found it easier in San Francisco to get the word out.”

Revisionist future

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news@sfbg.com

Acidified oceans. Dirty air. Superstorms. Food shortages. Mass migration. War. The International Panel on Climate Change last week released the final installment of its latest authoritative report on the catastrophic effects of global climate change.

In no uncertain terms, the report states, it is urgent that steps be taken to mitigate the worst impacts. The world’s cities are the most at risk — yet hold the greatest potential for turning the tide, IPCC scientists noted. Making cities greener is one of the most effective ways to minimize climate change.

But as experts turn to cities in hopes of reducing greenhouse gas emissions, newly released documents suggest that officials in San Francisco Mayor Ed Lee’s office ordered the most effective strategies for achieving clean energy goals to be removed from the city’s plan for combating climate change.

 

CHANGE OF PLANS

The city’s Climate Action Strategy sets out the overarching goal of reducing greenhouse gas emissions to 80 percent below 1990 levels by 2050, a yardstick consistent with state and regional goals. For 10 years, the San Francisco Public Utilities Commission worked on a program that would have given city residents and businesses more access to renewable energy sources to help meet that emissions reduction target.

CleanPowerSF, a municipal power program that would replace Pacific Gas & Electric power for San Francisco customers, would provide electricity from 100 percent, California-certified renewable sources such as solar, wind, small hydro, and other green energy sources.

The Climate Action Strategy calls creation of a renewable energy portfolio a critical strategy for meeting the goal — and that’s precisely what CleanPowerSF set out to achieve. Over the course of a decade, millions of dollars were invested and untold staff hours devoted to creating the program.

Yet at the direction of Roger Kim, the mayor’s senior advisor on the environment, the city’s Department of the Environment removed the Climate Action Strategy’s reference to CleanPowerSF before the document was released to the public. The Department of the Environment was also directed to remove reference to PG&E’s 100 percent Green Power Option, a program floated as an alternative to CleanPowerSF.

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In a Sept. 30 memo to Kim, obtained via a public records request, former Department of Environment Director Melanie Nutter wrote, “At the request of the Mayor’s Office, mention of PG&E’s 100% Green Power Option and SFPUC’s CleanPowerSF program were removed from the Energy Chapter and replaced with the overarching goal of 100% renewable electricity (pgs 16,17).”

Nutter recently stepped down as the director of the agency.

The timing of Nutter’s memo is significant. Just weeks earlier, the SFPUC — whose five-member governing board is appointed by the mayor — refused to approve a not-to-exceed rate that would have allowed CleanPowerSF to move forward as planned. Instead of expressing opposition to the rate itself, commissioners expressed their overall opposition to CleanPowerSF before voting it down.

Lee had criticized the cost and mechanisms of CleanPowerSF, without proposing an alternative (see “Power struggle,” 9/17/13). His real motivations for deleting these two strategies from the city’s Climate Action Strategy report remain unclear, but Lee has long supported PG&E, which stands to lose customers if CleanPowerSF is successful.

 

NO REAL ANSWER

Both CleanPowerSF and PG&E’s green option were held up as pathways toward a greener future in the Climate Action Strategy until the Mayor’s Office intervened, leaving no city mechanisms for most San Franciscans to choose renewable energy sources.

“PG&E’s proposed green option and CleanPowerSF could operate in parallel,” Nutter wrote in a memo drafted a couple years ago. “CleanPowerSF is likely to have a much greater environmental benefit due to the size of the customer base that would be served, the program’s objective to create a market for local renewable power, and the amount of greenhouse gas reductions achieved.”

So why then were both of these efforts eliminated from the report at the last minute, after being incorporated by experts in the field? Lee Communications Director Christine Falvey did not provide an answer to this specific Guardian question about the removal decision despite being asked several times.

When the Guardian asked Mayor Lee in March why CleanPowerSF was removed from the report, Lee responded, “I don’t think I have a real answer for that.”

Also unanswered is the question of how the city will meet its greenhouse gas emission reductions target. A quarter of the city’s greenhouse gas emissions derive from residential and commercial electricity, according to the Climate Action Strategy. 

pgE 

Electricity provided by PG&E is only 50 percent emission-free, with nuclear energy as the company’s most significant carbon-free power source. SFPUC projections have shown that CleanPowerSF could reduce citywide greenhouse gas emissions by 25 percent by 2030.

Another quarter of our emissions come from natural gas usage, and 40 percent of total emissions are belched into the air by automobiles. Lee wants to encourage more electric vehicles, but that won’t help much if they’re powered by a dirty power portfolio.

Whereas CleanPowerSF represented a carefully crafted plan for hitting these long-term targets, Lee’s most recent comments on how these important goals will be reached seem vague at best.

“I think we take all our deliberations on climate action seriously,” Lee told the Guardian in March, “and I do think that our focus now has been on energy efficiencies. We are also trying now to beef up the GoSolar program to be sure to catch whatever the state is willing to do, because Governor [Jerry] Brown has been trying to tap where there can be more examples of that.”

“The Mayor is open to exploring all avenues that might be available to achieve our energy goals,” Falvey told us. “In fact, it will take a variety of strategies working in concert to achieve them, including increasing the energy efficiency of buildings to reduce the total power load, developing in-city renewables, and options for increasing the provision of renewable power at a utility-scale.”

Those last two goals are precisely what CleanPowerSF would have done. Critics have decried Lee’s move as harmful and politically motivated. “What Mayor Lee has succeeded in doing is to rip the guts out of the new Climate Action Strategy,” John Rizzo wrote in a recent Sierra Club newsletter, “rendering it as meaningless as the missed greenhouse-gas reduction targets from 2012.”

 

LOOKING AHEAD

At the Board of Supervisors’ mayor question time in March, Sup. John Avalos asked Lee to direct the Department of Environment to return CleanPowerSF to the Climate Action Strategy and commit to launching the program in 2014.

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Lee answered that he could not, saying the program was too problematic and the SFPUC has too many infrastructure repair needs. The SFPUC has pulled its staff from the project to redirect that work into energy infrastructure improvements.

Some are still holding out hope that CleanPowerSF could move forward. San Francisco’s Local Agency Formation Commission is set to begin researching what CleanPowerSF “would look like and to address other concerns that the Mayor and SFPUC Commissioners have raised,” LAFCo’s Senior Program Officer Jason Fried said.

Proponents are also investigating ways to launch the program independently of the mayor and the SFPUC, by partnering with Marin County’s version of the program.

“There is talk about joining the Marin Joint Powers Authority,” Fried said, “but we will exhaust every option to run our own program. We want the PUC and mayor on board.”

While the mayor and the commissioners charged with overseeing the SFPUC seem content to let CleanPowerSF fade into memory, Avalos is not willing to let it go without a fight.

“We’re facing the greatest crisis for this city, and our government pulls back on how to achieve this,” Avalos said at a March 31 Board of Supervisors committee hearing on the Climate Action Strategy. “If we want to be a great city, it’s up to us to generate the political will to implement these strategies.”

Joe Fitzgerald Rodriguez contributed to this report.

SF bans water bottles

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San Francisco continues to lead the way in the nation’s environmental policy, with the Board of Supervisors on March 4 voting unanimously to bar the city from buying plastic water bottles and to ban distribution of plastic water bottles smaller than 21 ounces on city property starting Oct. 1. The ban excludes city marathons and other sporting events.

"We all know with climate change, and the importance of combating climate change, San Francisco has been leading the way to fight for our environment," Board President David Chiu, who authored the legislation, said at the hearing. "That’s why I ask you to support this ordinance to reduce and discourage single-use, single-serving plastic water bottles in San Francisco."

Chiu held up a water bottle at the board meeting, a quarter of the way full with oil, to illustrate how much oil is used in the production and transport of plastic water bottles. He also reminded San Franciscans that the current fad of buying bottled water only started in the 1990s when the bottled water industry mounted a huge ad campaign that got Americans buying bottled water.

Somehow, Chiu noted, "for centuries, everybody managed to stay hydrated." (Francisco Alvarado)

Mass action against Keystone XL

Nine environmental activists were arrested in San Francisco for marching through the financial district and entering One Spear Tower on March 3, the building that houses local offices of the State Department, to express opposition to the proposed Keystone XL pipeline.

A day earlier, a mass protest against the oil pipeline was staged outside the White House in Washington, D.C. Roughly 200 protesters were arrested after using plastic zip ties to lock themselves to the White House fence.

Meanwhile, thousands more have made a vow — at least in the sense of clicking to add their name to a petition — to engage in peaceful civil disobedience if President Barack Obama grants ultimate approval for the oil infrastructure project, which would transport 830,000 barrels of crude oil from Canada to the Gulf Coast.

Nonprofit Credo Action has created an online petition urging people to get ready to respond with peaceful civil disobedience if the pipeline wins final approval. (Rebecca Bowe)

City weighs lawsuit over Airbnb

The San Francisco City Attorney’s Office is finally preparing to take action against the illegal short-term housing rentals facilitated by Airbnb, something we’ve been hearing that the Examiner also reported on March 6 ("SF landlords could face legal fight over rentals on Airbnb, other services"), an action that would address the company’s apparent stall tactics.

Despite a business model that violates a variety of San Francisco laws — most notably zoning, planning, and tenant regulations — and Airbnb’s flagrant flouting of a two-year-old city ruling that it should be collecting and paying the city’s transient occupancy tax (see "Into thin air," Aug. 6), the City has appeared unwilling or unable to enforce its laws or address these issues.

"We’re aware of multiple housing allegations, including some that community leaders have brought to us," City Attorney’s Office spokesperson Matt Dorsey told the Guardian, confirming that the office is considering taking legal action to enforce local laws governing short-term housing rentals but refusing to provide details.

Board of Supervisors President David Chiu took on the problem over a year ago, working with the company and its critics to develop compromise legislation that would legalize and tax the activities of Airbnb and its hosts, but the multi-layered legal and logistical challenges in doing so have so far proven too much for the otherwise effective legislator.

"My staff has held meetings with Planning staff and its enforcement team to discuss enforcement and related challenges. We’ve also been in touch with the City Attorney’s Office on these issues," Chiu told the Guardian, saying he and his staff have recently been focused on other tenants and secondary unit legislation, but they "plan to refocus on our shareable housing efforts soon." (Steven T. Jones)

Blaming pedestrians

ABC7 News Investigative Team’s new "investigative report" on pedestrian safety stirred controversy last week as street safety advocates called out the video for its insensitivity towards pedestrian deaths and lax attitude towards unsafe drivers.

Streetsblog SF and others in San Francisco said the report engaged in "victim blaming."

ABC7’s pedestrian safety coverage comes on the heels of a number of high-profile traffic collision deaths, including that of 6-year-old Sofia Liu, killed on New Year’s Eve. Since then, the Walk First program to create safer streets has garnered more attention, culminating in Mayor Ed Lee’s announcement today to partially fund safety improvements to the city’s most dangerous intersections, to the tune of $17 million — improvements that languished due to funding gaps since the program was announced in April.

But making all the needed improvements though would cost $240 million, according to city estimates, and that funding has yet to be identified. Suffice to say, the traffic enforcement debate still rages in San Francisco, with emphasis on the word ‘rage.’

"We’ve seen ‘blame the pedestrians’ from police and in the media," Leah Shahum, executive director of the San Francisco Bike Coalition, said at a pedestrian safety hearing in January. Police Chief Greg Suhr that night apologized for his officers’ lax enforcement of drivers, and focus on pedestrians, and pledged to change policies to focus on drivers going forward.

It’s too bad ABC 7’s I-Team didn’t get that memo.

"In San Francisco, simply stepping off the curb can be deadly," ABC reporter Dan Noyes narrates in their video report. The word ‘deadly’ is capped off with a Hollywood-style musical flourish, like a horror movie moments before the big scare.

"Pedestrians are making mistakes over and over again," Noyes narrates. The video cuts to pedestrian after pedestrian looking at cell phones, jaywalking, or otherwise engaging in unsafe behavior. It’s fair to say the piece, headlined "I-Team investigates what’s causing pedestrian deaths," places responsibility of pedestrian safety squarely on the shoulders of pedestrians. (Joe Fitzgerald Rodriguez)

High-speed challenges

The California High Speed rail project has been facing resistance that threatens to derail the project. Not only has public support for the $68 billion project wavered in recent years, now the project faces a legal battle that could delay the project before the first rail is laid.

On March 4, Sacramento County Superior Court Judge Michael Kenny ruled that a lawsuit brought on by King County can go to trial. The lawsuit raises questions about the legality of using 2008’s voter-approved Prop 1A funding, $9.95 billion worth of bonds, to upgrade and electrify Caltrain’s tracks and incorporate them into the high speed system.
Another concern was that the proposed high-speed system would not be able to pull through with its promise of a 2 hour 40 minute nonstop ride from downtown San Francisco to Los Angeles’ Union Station if the high speed system had to share tracks with Caltrain.

The lawsuit also threatens to leave San Francisco’s new $4.5 billion Transbay Terminal without its planned underground high speed rail station, which could be disastrous for that project as well.

None of this seems to faze Rod Diridon, executive director of the Mineta Transportation Institute based out of San Jose State University and former founding board member of the California High-Speed Rail Authority Board. He told the Guardian: "I think that [the project] will happen now. I think that our wonderful governor and our legislative leaders are going make it happen now…. If it was delayed it would only be a matter of time before it came back." (Francisco Alvarado)

Hacker pranks San Francisco FBI using Google Maps exploit

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An ex-Marine turned hacker used his powers for good last week, exploiting a flaw in Google Maps to tap into phone calls from the FBI’s San Francisco field office and the Secret Service. 

The news of hacker Bryan Seely’s exploit was broken by local Seattle broadcast news with a more detailed follow up by tech blog Valleywag, which obtained phone calls to the FBI recorded by Seely. The exploit allowed the former Microsoft employee to modify the phone numbers for businesses listed on Google Maps. He changed the listed phone numbers to fake ones, which would intercept and record the call before being rerouted to the FBI, allowing him to record everything said between the two parties.


 

Seely told Valleywag:

Who is gonna think twice about what Google publishes on their maps? Everyone trusts Google implicitly and it’s completely unwarranted and it’s completely unsafe. I could make a duplicate of the White House and take every inbound phone call from the White House. I could do it for every Senator, every Congressman, every mayor, every governor—every Democratic, every Republican candidate. Every office.

Seely tried time and again to warn Google, he told Valleywag, but when they didn’t listen he decided to show them just how vulnerable this system was. 

Seely’s recording of an FBI phone call posted on SoundCloud airs the automated message system the San Francisco FBI plays. Afterwards, we’re able to listen in to the caller’s every word.

“Yes ma’am, I need to ask a question about an email I received, it’s concerning that y’all, the Federal Bureau of Investigations, claim I won a lottery through my email through another country,” the caller says to the FBI. He’s asking about a common Internet scam, phishing, and the second call Seely recorded from the Secret Service was just as innocent. 

Listen to the FBI call Seely recorded in the player above.

But not every call to the Secret Service or FBI is so innocuous. After the Secret Service took Seely into custody for his actions, they apparently called him a “hero.” 

The San Francisco FBI bureau’s spokesperson, Peter Lee, told the Guardian that he wasn’t aware of the scam, and could neither confirm or deny it. Sounds like super secret spy stuff to us. We directed him to the link, but he couldn’t confirm or deny that we sent him the link, either.

The national FBI spokesperson wasn’t aware of the issue, or at least, said she wasn’t. But the response from Google seems to be more telling — it contacted Seely to find a way around the exploits. But he didn’t appreciate their “attitude,” he told Valleywag.

In the meantime, Google’s map vulnerabilities apparently are lures for “entrepreneurs” who redirect calls from one small businesses to another, garnering millions in profits for the digital scammers in what amount to extortion fees, a tech consultant told Valleywag. 

While Google works on a fix, if you have to call the San Francisco bureau of the FBI, try looking up the number using the Yellow Pages. 

Read more at Valleywag, here