Steven T. Jones

Is Art Torres helping PG&E, helping his son’s political career, or both?

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As I’ve been reporting on how CleanPowerSF is being blocked by Mayor Ed Lee and his political appointees on the San Francisco Public Utilities Commission, one piece of the puzzle that I couldn’t quite figure out was why SFPUC President Art Torres took the position he did, offering little public explanation for his stance.

“His opposition to the rate vote was strange because he didn’t give clear reasons,” Eric Brooks, who has been led the grassroots campaign in support of CleanPowerSF, told us. Torres also hasn’t returned Guardian calls on the issue, and he refused a formal request from Sup. John Avalos to explain his position.

As a former state senator and longtime former chair of the California Democratic Party, Torres certainly has connections to Pacific Gas & Electric and the array of politicians that support it, include Willie Brown. But that just didn’t seem like enough for a senior statesman with a decent environmental record to sabotage San Francisco’s only plan for building renewable energy projects.

But some of my political sources have clued me into another possible motive, and it seems to make sense. Art Torres’ son is Joaquin Torres, who works in the Mayor’s Office and who Lee in February appointed to the Housing Commission, where Torres now serves as president.

And here’s the kicker: those sources also say that Joaquin Torres has already started running for the District 9 seat on the Board of Supervisors, which is now held by Sup. David Campos, who is running for Tom Ammiano’s seat in the California Assembly. And if Campos wins that race next year, Mayor Lee will get to fill it, possibly naming Torres to one of the most progressive seats in the city.

So dad gets to score political points with some powerful friends, and help launch his son’s political career in the process. These motives are beginning to add up.

Joaquin Torres is now deputy director of the San Francisco Office of Economic and Workforce Development, “where he leads Mayor Lee’s Invest In Neighborhoods Initiative to leverage City resources across city departments to maximize positive economic and social impact in low-moderate income neighborhoods and throughout San Francisco’s commercial corridors,” the Mayor’s Office wrote in February when Torres got appointed to the Housing Commission.

Sounds like the perfect job for someone being groomed for the Board of Supervisors, where he could have a serious impact on this city’s political dynamic, tipping policies in the neoliberal to moderate direction of expanding corporate welfare programs and speeding up gentrification.

Neither Torres has returned our calls, but I’ll update this post when and if they do. And while this is clearly just political speculation and conjecture, I have a feeling that I’m onto something here. So remember where you read it first.  

Domestic workers may get labor rights

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The California Legislature gave final approval to the Domestic Workers Bill of Rights on Sept. 12, legislation sponsored by Assemblymember Tom Ammiano (D-SF) to finally extend some labor rights to this largely female and immigrant workforce. Advocates are hopeful that Gov. Jerry Brown will sign it this time.

As we reported in a Guardian cover story, “Do we care?” (March 28), domestic and farm workers are the only two categories of employees exempted from federal labor law, and the caregiving professions are consistently undervalued in our economic and political systems. Last year, Brown vetoed the Domestic Workers Bill of Rights, expressing the concern that it might hurt the economy and cost jobs.

But advocates for the measure came back even stronger this year than last, and they recently accepted a set of amendments in the Senate that weaken the bill but may make it more palatable to Gov. Brown, including eliminating the requirement for rest and meal breaks and giving the measure a three-year sunset and commission to review its impacts.

“We’ve had discussions with the administration and we think we’re on the right track to get it signed,” Ammiano’s Press Secretary Carlos Alcala told the Guardian.

He emphasized that the bill still retains the requirement that domestic workers, who routinely work more than 40 hours per week, are entitled to overtime pay, something that Ammiano also emphasized in a prepared statement.

“This is a historic moment,” Ammiano said. “This now goes to the governor for his signature. That will give these workers, mostly women, the right to be paid fairly for overtime worked.”

Katie Joaquin, campaign coordinator the California Domestic Workers Coalition, said she’s excited to see the bill pass and hopeful that Brown will sign it this time.

“If he signs this bill, California would be the first state to give daily overtime rights to all domestic workers,” she said.

Gov. Brown has until Oct. 13 to sign it. 

Van Ness BRT moves forward, slowly, despite the need for rapid reforms

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San Francisco today inched closer to finally creating a modern bus rapid transit system on Van Ness Avenue, nine years after it was officially proposed, although as we reported in last week’s paper, the city is still about five years away from actually completing it.

The San Francisco Municipal Transportation Agency Board of Directors today approved the project’s Environmental Impact Report, following up its approval last week by the San Francisco Transportation Authority, which has the same makeup as the Board of Supervisors.

Next, the $126 million project heads to the Federal Transportation Authority for approval of its environmental documents, after which it heads into a design phase and comes back for its project-level approvals, giving its motorist critics plenty of time to make mischief and undermine it.

In last week’s debut Street Fight column, Jason Henderson made equity arguments about how a project that will speed up Muni for tens of thousands of riders, and that it’s moving forward over the objections to losing 105 parking spaces, sparking an explosion of caustic comments.

In prepared comments about today’s vote, SFMTA head Ed Reiskin said, “The Van Ness BRT project will transform Van Ness for Muni drivers and for pedestrians, making travel a much more pleasant, safe, and efficient experience.” In his column, Henderson also added the descriptor “dignified,” which should be another goal on an underfunded system that is now busting at its seams.  

As much as motorists love to complain about government, or the “bike lobby,” or other perceived enemies of their convenience, San Francisco should be doing more to create pleasant, safe, efficient, and dignified service to the growing population that relies on Muni.

That will mean some more sacrifices by motorists, it will mean finally asking businesses to help pay for Muni improvements with a downtown transit assessment district (instead of moving in the opposite direction by expanding corporate welfare giveaways), and it will mean finally getting serious about improving the system, rapidly, rather than the nearly 15 years it is taking for this common sense improvement.

 

Power struggle

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steve@sfbg.com

Jason Fried could barely believe what was coming out of the squawk box in his office at the San Francisco Local Agency Formation Commission on Sept. 10, as he listened to Mayor Ed Lee describe the CleanPowerSF program Fried had spent years helping to develop.

The program would give San Franciscans the choice of buying their electricity from clean, renewable energy sources rather than Pacific Gas & Electric’s oil, coal, hydro, and nuclear dominated power portfolio, a program that was finally able to become competitive with PG&E on price and still fund the creation of local clean energy projects.

But the program that Lee described — which three of his appointees on the San Francisco Public Utilities Commission have recently decided to block, against the wishes of the Board of Supervisors supermajority that approved it (see “Fizzling energy,” Aug. 21) — sounded nothing like the program that Fried, LAFCo’s senior program officer, knows so well.

As Lee described it, CleanPowerSF is “based on vague promises” and has “questionable environmental benefits,” claiming it has “gotten progressively more expensive” and “creates no local jobs.”

“What the San Francisco Public Utilities Commission did was in the best interests of the city,” Lee said. The city has spent untold hours and dollars over the last decade developing and approving CleanPowerSF.

“It was very frustrating to watch, particularly when you see him just making stuff up,” said Fried. “If he wants to be against CCAs [Community Choice Aggregation, that state-created program the CleanPowerSF is a part of], fine, just say that…But he wasn’t even getting his numbers right.”

 

LIES, DAMN LIES, AND STATISTICS

Questioned by the Guardian following his monthly mayoral policy discussion at the board, where all five questions from frustrated supervisors were about CleanPowerSF, Lee cast himself as sticking to the facts.

“I know that elements of this are somewhat complicated because you have to actually read a lot of volumes of materials to understand the choice aggregation program,” Lee said, claiming, “I’m taking it exactly from facts that were presented.”

But in reality, Lee was cherry-picking facts that were either out-of-date or presented in a misleading way, while ignoring inconvenient questions like how the city can still achieve its clean energy goals without it, or why his appointees are subverting broadly supported public policy on technical grounds that appear to exceed their authority.

Take Lee’s claim that the CleanPowerSF program approved by the board “was 95 percent renewable on day one,” which he used to support his argument that “when the final project is so vastly different than the original intent, the SFPUC has to intervene.”

Lee is referring to the “three buckets” from which the program will draw its energy, as defined by the California Public Utilities Commission. Bucket 1 is the gold standard: juice coming directly from certified renewable energy sources in California. Bucket 2 is renewable energy that isn’t reliable and must be “firmed and shaped” by other energy sources, such as wind or solar farms supplemented by fossil fuels when there’s little wind or sunshine. And Bucket 3 is Renewable Energy Credits, which support creation of renewable energy facilities or green power purchased from other states.

When the board approved the program in September 2012, the SFPUC called for it to secure 10 percent of the power from Bucket 1, 85 percent from Bucket 2, and 5 percent from Bucket 3, although these were just guidelines and the SFPUC was specifically authorized to change that mix.

Lee and other critics of the program decried the program’s cost of more than 14 cents per kilowatt-hour, while supporters worried the price would cause more customers to opt-out, so the SFPUC decided to allow more RECs, while also substantially increasing the amount of guaranteed green power.

“The difference between buckets two and three is not that big a difference,” Fried said, noting the Bucket 2 can actually include a substantial amount of dirty energy. “It really depends on how you’re firming and shaping.”

So the SFPUC increased the size of Bucket 1 to 25 percent and Bucket 3 to 75 percent, with idea being that RECs are only an interim step toward issuance of revenue-bonds to build renewable energy projects that would eventually fill Bucket 1 to overflowing. All for the not-to-exceed rate of 11.5 cents per kilowatt-hour that the SFPUC is refusing to approve.

“Our entire mix would be 100 percent greenhouse-gas-free, but the mayor is ignoring that because it doesn’t fit his ‘green’ argument,” Fried said, also noting that it would be generated in-state by union workers. “PG&E can’t make that same claim.”

CPUC statistics show PG&E derives less than the state-mandated 20 percent of its energy from clean, renewable sources, and that the percentage of its portfolio that is greenhouse gas-free actually dropped in 2012, to 51 percent from 59 percent in 2011. And despite Lee’s emphasis on local jobs, PG&E’s three largest solar projects built in 2012 are outside California.

By contrast, CPSF contractor Shell Energy North America wrote in an Aug. 12 letter that in addition to setting aside $1.5 million for local buildout after its first year, which “should create local jobs,” it is now negotiating in-state wind and hydroelectric (“operated by union labor”) contracts to meet the program’s demands.

But at this point, supporters of the program are running out of options to get that contract approved.

 

“CHARTER CRISIS”

CleanPowerSF has broad political support in San Francisco, from Sups. David Campos, John Avalos, and other progressives, to moderates including Sup. Scott Wiener and state Sen. Mark Leno, who authored legislation to protect nascent CCAs from PG&E meddling and has been a steadfast supporter of CleanPowerSF.

“There’s a constitutional crisis, or a [City] Charter crisis, of sorts,” Leno said, referring to the standoff. “The legislative body has been unequivocal in its desire to proceed and it’s not for this commission to interfere with that decision.”

Leno said PG&E and its allies have played strong behind-the-scenes roles in sabotaging this program. “They are definitely exerting their influence,” Leno said, “they have never stopped trying to derail this.” SFPUC Chair Art Torres, who is leading the obstruction, didn’t return a Guardian call for comment.

If there is a silver lining, Leno said it’s that “PG&E has had to present its own version of green energy. But the two can coexist. We want competition.”

So does Fried, LAFCo, and all of the supervisors who sit on that commission, which has long tried to break PG&E’s monopoly.

“It’s close to checkmate, but we’re trying to breathe new life into this,” Sup. John Avalos, who sits on LAFCo, told us. “Part of the politics can be seen in the mayor’s statements, which are full of misinformation.”

Sup. David Campos, also on LAFCo, told us CleanPowerSF is “a good program, and it’s consistent with what the Board of Supervisors approved. I think it’s a mistake for the city not to move on this and it’s a bad thing for consumers.”

The newest member of LAFCo, Sup. London Breed, authored a resolution supporting CPSF that the Board of Supervisors was set to consider on Sept. 17, after Guardian press time. It recites a history of strong support for the program by the Board of Supervisors, starting with a unanimous votes in 2004 and 2007 to launch the CCA and continuing through the supermajority approval of CleanPowerSF and a $20 million appropriation to launch it in September 2012.

It noted that the SFPUC held 18 meetings on the program between September 2012 and August 2013, and that its Rate Fairness Board determined that rates for the Phase 1 are “technically fair.”

The resolution emphasizes an important governance issue at stake: “Irrespective of the particular policy decision, the Board of Supervisors must protect and defend its authority to make policy decisions.”

Yet there’s been a concerted effort to undermine CleanPowerSF this summer, led by appointees and allies of Lee and PG&E.

At the Aug. 6 Commission on the Environment meeting, Commissioner Joshua Arce pushed Department of the Environment head Melanie Nutter to renounce CPSF as no longer a green power program, something she refused to do. Arce fell a vote short of approving a resolution characterizing the program as not meeting “all of the commission’s original goals” and urging the SFPUC “to work with the Department of the Environment to craft a program that is acceptable to the San Francisco Environment Commission.”

Breed said she was disappointed in Lee’s approach, although she takes him at his word when he says he’s open to alternatives.

“The questions were answered, but there wasn’t any closure in terms of what this means for the future,” Breed said. “If not this program, what’s the alternative?”

If the city is going to meet its greenhouse gas reduction goals, which call for reducing 1990’s carbon emissions by 25 percent by 2017 and 40 percent by 2025, it’s going to have to offer some alternative.

“We need to be aggressive about moving in this direction,” Breed said, “and we need to make sure the public has an alternative to PG&E.”

 

From America’s Flop to America’s Blowout — and we couldn’t be happier

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New Zealand’s sailing team could win the America’s Cup this weekend after taking a 6-0 lead over the American team sponsored by Oracle and its billionaire CEO Larry Ellison, who made this elite sailing race even more prohibitively expensive than usual. And we at the Guardian couldn’t be happier for the Kiwis. Go New Zealand!

For years, we’ve been covering this sad spectacle, from the overhyped initial attendance and economic projections to the waterfront land grab and real estate swindle that Ellison and company tried to perpetrate on San Francisco to sticking city taxpayers with a big bill that Ellison should have footed himself to the episodes of cheating that caused international judges to dock Ellison’s team two points in the final (one of which is still yet to be assessed).

So we feel vindicated by this great act of karmic justice, to watch Ellison’s team not just losing badly, but being utterly blown out of the water by the straight-shooting team from Down Under, whose skipper has pledged to scale back future America’s Cups to make them cheaper and more accessible.

Frankly, watching the America’s Cup has been far less exciting than the speedy “NASCAR on water” that it was hyped as by organizers. This “sport” makes baseball seem riveting and fast-paced. But we’re thrilled to watch the grand finale, if only for the snicker.  

 

On its fifth anniversary, Sunday Streets offers a lesson in urban experimentation

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It’s hard to believe that Sunday Streets — San Francisco’s version of the ciclovia, or temporary closure of streets to cars as a way of opening up more urban space for pedestrians, cyclists, skaters, performers, and loungers — is five years old. It’s even harder to believe that this family-friendly event was once controversial, especially feared by the businesses that now clamor to hold them in their neighborhoods.

But it was, and that’s a great reminder that ideas that disrupt the status quo and seem quite radical and unsettling can embody just what The City needs to feel like, well, a city, a place with people mix and mingle and get to know one another in the streets, strips that can become important social spaces and not simply conduits for cars.

“Sunday Streets provides the opportunity for recreation and activity in neighborhoods all across San Francisco,” Sunday Streets Director Susan King of Livable City told us. “Each community it’s in is helped with health and economic benefits and the easing of community cohesion.”

This Tuesday, Sept. 17, the folks from Sunday Streets will be hosting a fundraiser and celebration at Cityview, atop the Metreon, in honor of the hard work that has been put into various Sunday Streets events around the city throughout the years. The event will feature speeches, snacks, an open bar, a raffle, live entertainment, and other hoopla.

Among those being honored at the event will Lt. Gov. Gavin Newsom, who as mayor worked with alternative transportation activists from Livable City (the event’s main sponsor), the San Francisco Bicycle Coalition, and other groups — including a large contingent that attended the first ciclovia in the US, in Portland, during the Toward Carfree Cites conference in 2008 (which we at the Guardian covered) — to create Sunday Streets.

At the time, the business-friendly Newsom stood up to opposition from merchants in Fishermans Wharf and Pier 39, and both progressive and conservative supervisors looking for a way to tweak the mayor, to help become one of the first cities in the US adopt the ciclovia model that had been pioneered in Bogota, Columbia, and which has now spread to cities around the world.
“We really have to thank former Mayor Gavin Newsom for instigating Sunday Streets,” King said. “Without him, Sunday Streets in San Francisco wouldn’t exist.”

First hosted in the late summer of 2008, King has overseen Sunday Streets since its inception, hustling up fiscal sponsors and volunteer support like a whirling dervish the whole time. 

“There’s so much that goes into Sunday Streets,” King said. “I had no idea that it would get to where it is now.”

The anniversary event costs $50 and lasts from to 6 to 10 p.m. Proceeds will go to future Sunday Streets events.

This year there have been Sunday Streets in a handful of neighborhoods, making appearances in the Embarcadero, Mission, Bayview, Great Highway, Tenderloin, and Western Addition. There are two more Sunday Streets scheduled this year in the Excelsior (Sept. 29) and the Richmond (Oct. 27) districts.

 

Legislature approves Domestic Workers Bill of Rights, but will Brown sign it this time?

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The California Legislature today gave final approval to the Domestic Workers Bill of Rights, legislation sponsored by Assemblymember Tom Ammiano (D-SF) to finally extend some labor rights to this largely female and immigrant workforce. Advocates are hopeful that Gov. Jerry Brown will sign it this time.

As we reported in a Guardian cover story in March, “Do we care?,” domestic and farm workers are the only two categories of employees exempted from federal labor law, and the caregiving professions are consistently undervalued in our economic and political systems. Last year, Brown vetoed the Domestic Workers Bill of Rights, expressing the concern that it might hurt the economy and cost jobs.

But advocates for the measure came back even stronger this year than last, and they recently accepted a set of amendments in the Senate that weaken the bill but may make it more palatable to Gov. Brown, including eliminating the requirement for rest and meal breaks and giving the measure a three-year sunset and commission to review its impacts.

“We’ve had discussions with the administration and we think we’re on the right track to get it signed,” Ammiano’s Press Secretary Carlos Alcala told the Guardian.

He emphasized that the bill still retains the requirement that domestic workers, who routinely work more than 40 hours per week, are entitled to overtime pay, something that Ammiano also emphasized in a prepared statement.

“This is a historic moment,” Ammiano said. “This now goes to the governor for his signature. That will give these workers, mostly women, the right to be paid fairly for overtime worked.”

Katie Joaquin, campaign coordinator the California Domestic Workers Coalition, said she’s excited to see the bill pass and hopeful that Brown will sign it this time.

“If he signs this bill, California would be the first state to give daily overtime rights to all domestic workers,” she said, referring to its requirement that domestic workers get overtime pay after working nine hours in a day, the same standard as now applies to live-in caregivers. 

While she said it was hard to accept some of the amendments, such as removing the requirement that domestic workers get uninterrupted time for a full night’s sleep, she said they were acceptable conditions for this initial reform measure. And she said the sunset provision could actual work in their favor: “We plan to take that as an opportunity to fight for even more.”

The bill, AB241, was approved by the Assembly today on a 48-25 vote to concur with the amendment made in the Senate. Gov. Brown has until Oct. 13 to sign it. 

Mayor Lee distorts reality in defending CleanPowerSF obstruction by his appointees

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Mayor Ed Lee yesterday answered a series of five questions from the Board of Supervisors about CleanPowerSF, the renewable energy program it approved last year on a veto-proof 8-3 vote, but which three of Lee’s appointees on the San Francisco Public Utilities Commission are now blocking.

Lee reaffirmed his opposition to the program and support for the three commissioners who are refusing to approve a maximum rate for the program, while making a series of statements that were misleading, contradictory, and, according to Sup. John Avalos, some outright falsehoods.

CleanPowerSF would group tens of thousands of city residents into a renewable energy buying pool, a system called Community Choice Aggregation authorized by state legislation, which would compete against Pacific Gas & Electric’s illegal local monopoly. Initally, the energy would be purchased under a contract with Shell Energy, but the main goal of the program is to build city-owned renewable energy facilities by issuing revenue bonds supported by the program’s ratepayers.

Yet the program Lee described has little resemblance to CleanPowerSF — and his statements of support for the concept belie his longstanding opposition to the program and support for PG&E, whose union is leading the campaign to kill CleanPowerSF.

“I know that many members of the Board of Supervisors are upset,” Lee began in his first answer to similar questions posed by Sups. Eric Mar, David Chiu, London Breed, David Campos, and John Avalos, who all represent the odd-numbered districts whose turn it was to submit questions to the mayor for this month’s appearance.

Lee then explained that one of the duties of  the SFPUC is to protect ratepayers, which he called “the overriding concern they have when faced with any issue,” adding that, “The commission ultimately decided that the rate wasn’t a fair rate.”

Ironically, the top rate that the commission is being asked to approve in order to finally launch CleanPowerSF was just 11.5 cents per kilowatt-hour, only slightly more than current PG&E rates and a substantial reduction from the rate that was discussed last year when supervisors approved the program.

PG&E, Lee, and other critics of the program had attacked its high cost, so SFPUC staffers tweaked the program to allow the initial use of Renewable Energy Credits, which support the creation of renewable energy projects, rather than being purely juice directly from solar, wind, and other renewable sources, which is more expensive.

So Lee criticized that change as a departure from what the board approved last year, telling the supervisors that the program should be at least “95 percent renewable on day one,” saying that, “This is what a green power program should look like.”

Yet when it did look like that, Lee opposed it, something he didn’t mention yesterday. And yet he still made the argument that the SFPUC was simply exercising its fiduciary responsibility in blocking a program that has gotten cheaper than when the board approved it.

“The San Francisco Public Utilities Commission did its job in protecting ratepayers,” Lee said. “I agree with the majority of the PUC.”

So, on one hand, Lee said that CleanPowerSF has “gotten progressively more expensive as time goes on,” citing statements made years ago about the goal of trying to meet-or-beat PG&E’s rates, which have been subsidized by taxpayers over the years.

And when the program then got close to matching those rates, he criticized the use of RECs to get there, saying the climate change benefits “need to be real and tangible and not based on vague promises.”

Yet even city-commissioned studies have shown that San Francisco won’t meet its own greenhouse gas reduction goals without substantially changing the energy portfolio of city residents, and CleanPowerSF is the only plan on the table to get there, except for PG&E’s vague promises to offer more renewable energy in the future.

While Lee touted city efforts to improve the energy efficiency of commercial buildings and the recent launch of a regional bike share program — neither of which will come close to meeting city climate change goals — even he acknowledged the “need to expand our in-city renewable energy generation,” citing the $4 million SolarSF as an example.

But Lee never made reference to CleanPowerSF’s plan to build up to $1 billion in renewable energy projects whose impacts would be far more impactful. Instead, he said the program “creates no local jobs,” which wouldn’t be true during the buildout phase.

While praising PG&E, Lee also glossed over the fact that a majority of supervisors still support CleanPowerSF, and that the SFPUC vote was supposed to be on the rate and not these ancillary issues, raising fundamental democratic issues when three mayoral appointees can override the decision of elected supervisors who represent all city residents.

“When a final project is so vastly different than the original intent, the San Francisco Public Utilities Commission has to intervene,” Lee said.

Avalos called many of Lee’s statements “lies,” so I followed Mayor Lee back to his office after the hearing and we had the following conversation as several reporters from other media outlets listened in:   

SFBG: Supervisor Avalos just said that you’ve made a number of statements that are not factually accurate, and certainly misleading, including saying that the program has changed substantially. Given that you opposed the program initially, and you seem to make statements that criticize those changes, and clearly the majority still supports it, how can you make the argument that the PUC is acting against it because the program has changed?

Mayor Lee: Well, you know, I know that elements of this are somewhat complicated cause you have to actually read a lot of volumes of materials to understand the choice aggregation program, cause it has those three aspects and I would….

SFBG: As guidelines, not as rates….

Mayor Lee: I would point to those numbers that were discussed at the board and presented to the [SF] Public Utilities Commission, because that’s what I’m quoting from. I’m taking it, not from even verbiage, I’m taking it exactly from facts that were presented at the commission at the Board of Supervisors and I specifically lifted quotes from the board about their comments about local jobs and all the other things, so, I don’t think I’m inaccurate at all. I think I’m actually quite on point.

SFBG: But the rates have come down from when they approved it and you made it sound like the rates have gone up.

Mayor Lee: The rates were up and they came down in trade off with less green.

SFBG: Right…

Mayor Lee: That’s about the point I was trying to make is that we wanted these other goals to happen and they couldn’t happen cause people were trading off things in order to set the rates and that was going to become a bigger and bigger gap as to what the original goals were. That’s the way…

SFBG: But the board clearly wants this program. Why, as a matter of policy, as a matter of city procedure, why isn’t the elected body the one to make this decision, instead of your appointees?

Mayor Lee: Well, I think that’s the whole reason why they presented it to the Public Utilities Commission. They’re charter mandated to set these rates. It’s not just an automatic acceptance of what the board says. They also independently review what the board has said. And in their independent review, they said they had gone well beyond what they stated their goals were and so they couldn’t set the rates and still honor all the goals that the board was suggesting.

SFBG: But those rates are less than what the Board has approved. How can they be exercising fiscal oversight… I mean, it doesn’t make any sense.

Mayor Lee: I think we have a big disagreement there. They’re mandated by the charter to set those rates responsibly, not just to follow what the board has stated and so, in their independent review, they went and reviewed all the goals that the board has said and said ‘This is not the program that they have stated should be fulfilled.’

SFBG: Even though the majority of the Board of Supervisors disagree with that statement that you just made?

Mayor Lee: Well, you know, then again, are we not respecting peoples’ right to disagree over what is being done here?

SFBG: But your argument that the program changed from what they approved, a  majority is saying ‘that’s not true,’ that you’re misrepresenting that.

Mayor Lee: No, I don’t think that I’m misrepresenting that. I disagree with that.

SFBG: A majority of the Board of Supervisors who approved it says you are.

Mayor: Well, I disagree with that assessment.

 

 

 

A bridge so far

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By Steven T. Jones

steve@sfbg.com

Pedaling onto the Bay Bridge over the weekend, I was suspended between our industrial past and sleek present. But my ride into the future was abruptly stopped just before I reached the island.

All the experts say we should all just be happy with the world’s longest bike and pedestrian pier, and it certainly is a wondrous thing to behold, this spacious and beautiful two-mile path that pasted big grins on the dozens of faces that I rode past on its sunny first Friday in operation.

But just as the duality of riding between the old Bay Bridge and the new invoked myriad metaphors, so too did the fact that my fellow taxpayers and I just spent $6.4 billion on a bridge from Oakland to San Francisco built almost exclusively for the private automobile.

Is this the future we’ve embraced? Are global warming, economic equity, and collective responsibility such distant abstractions that we can fill this beautiful new bridge with people sitting alone in expensive, deadly, polluting, space-hogging machines?

I looked into their work-weary eyes as I rode my bicycle out from Oakland with a few of my friends during rush hour, on a path wide enough to facilitate conversations among a pair of cyclists in each direction and strolling pedestrians, six abreast. It was lovely, like we had finally arrived in the civilized, people-powered present that we Guardianistas have been working toward for decades.

And then it ended, a vivid reminder that we’re not there yet.

 

SHARING THE ROAD

The past is blocking our progress, literally and metaphorically, at least for now.

The old Bay Bridge stands between the stubbed-off end of the new bike/pedestrian path and its intended touchdown spot on natural Yerba Buena Island, the conjoined twin of the artificial Treasure Island, where developers dream of building high-rise condo towers buffered against the rising sea.

Officials tell the Guardian that the path will likely be completed in early 2015, after the old bridge comes down. Then, we’ll be able to ride our bikes onto the island and cruise our way to the west side, with its beautiful views of our beloved city, San Francisco, shimmering just out of reach.

Next month, the Metropolitan Transportation Commission will release its latest study of how to complete the ride/walk, examining the placement of pathways balanced on either side of the Bay Bridge’s western span, their added weight compensated for with lighter decks for the cars, all at a cost approaching a billion bucks, with a capital B.

“Everything about this is going to be hard,” MTC spokesperson John Goodwin told me when I asked about allowing cyclists and pedestrians onto the Bay Bridge’s western span, citing an array of engineering, financial, and political obstacles.

“It’s a 10-year project even if a local billionaire decides to put up the money,” Goodwin said, noting that there is no public funding identified for the project except for maybe raising automobile tolls again, which would be a tough sell to voters for a bike and pedestrian project. “It’s an uphill climb and I’m not sure it will ever reach its intended goal.”

But completing this journey is really only as difficult as we make it. Just ask local activist/author Chris Carlsson, who says that he and some of his buddies could fix the problem in a day for a few thousand dollars. All we need to do it take the righthand lane, install some barriers, done.

“The bridge is more malleable than people treat it as and we need to have this discussion publicly,” Carlsson, a founder of Critical Mass and author of Nowtopia, told us. “Let’s solve this problem today. The idea that they would open this bridge without completing this path is insulting.”

To Carlsson and others of his radical ilk, this is an equity issue, and the opening of a car-only bridge is symbolic of our societal myopia. To believers in the automotive status quo, the idea of giving up one of five traffic lanes for the final, two-mile-long descent into San Francisco makes their heads explode.

“That’s just wildly unrealistic,” Goodwin said of Carlsson’s idea, even instituted on a temporary basis, noting that the Bay Bridge handles more than 270,000 cars per day, by far the busiest state-run bridge in California.

To many modern minds, automobiles are essential to our personal freedom and economic vitality — bikes are toys, public transit is for the poor, walking is what you do in your neighborhood or on the treadmill at the gym — but San Francisco is a voter-approved “transit-first” city that supposedly gives each of these modes priority over cars.

“The idea that the five lanes of automobile traffic is inviolable is ridiculous,” Carlsson said, calling it a relic from the days before the freeway revolts of the 1950s and ’60s, when San Franciscans rejected the conception of The City as just another stop along the fast and efficient interstate highway system.

In fact, it was that cars-first vision — before it was rejected by a populist revolt — that helped lead officials to remove the passenger trains that operated on the lower decks of this New Deal/WPA bridge for its first 17 years of life, turning the whole Bay Bridge over to cars, trucks, and the occasional bus.

The era of unfettered automobility had begun, and the idea that capitalism/industrialism and the health of our world might someday, somehow come into conflict with one another also seemed wildly unrealistic.

 

BRIDGING THE GAP

The Bay Bridge was my bridge growing up in the East Bay, our link to the big city that I traversed while safely cocooned in the backseat of my parents’ car, windows up, car filled with what we’d later call secondhand smoke, buffered against the wilds of West Oakland as we launched over the bay.

Today, my perspective has changed and so has my access through the old industrial waterfront, which has been opened up to all by a pair of new paths leading bikers and hikers to the bridge, both short rides from the West Oakland BART station.

One starts on Maritime Street, near the Port of Oakland and the remnants of the old railyard on what the Realtors have started calling Oakland Point; the other starts on Shellmound Street right across from Ikea, best accessed from West Oakland along 40th Street, where crews were in the process of placing tall cones to protect the bike lane as we rode past.

After the trails merge, it proceeds past the yards for the government agencies set up to serve the motoring public: CalTrans and its freeway maintenance facilities, and the California Highway Patrol, which has doubled its local bicycle brigade (which had worked just the Golden Gate Bridge) to police the new path.

“Best job in the world,” a smiling Officer Sean Wilkenfeld told me as he arrived at the end of the Bay Bridge path, where a couple dozen people stood watching the new Bay Bridge and the old, which took on a ghostly feel as we hovered next to its newfound lifelessness.

Personally, I really like the new Bay Bridge, with its elegant modern architecture and unobstructed bay views. But some of the friends and strangers that I chatted up there at the end of the line disagreed, singing the praises of the old, industrial, seismically unsound original.

“The new bridge is beautiful, but in some ways I like the old bridge better because you can see its functionality,” Joel Fajans, a physics professor at UC Berkeley, told me.

Conversation among the cyclists turned to our beautiful new path and its untimely end. “What a dream come true to have a bike path on the Bay Bridge. I already wrote to my representatives about completing the route to San Francisco,” said Kurt Vogler, a 47-year-old environmental consultant from Oakland who rode the bridge with Fajans.

That was the phrase that everyone used, this notion of completion, conveying the sense that we’re somehow stuck between where we were and where we should be, suspended between the old and the new, waiting to catch up.

“I think it’s beautiful. It’s an engineering marvel, a miracle,” Garris Shipon, a engineer from Berkeley, said halfway through his bike ride on the Bay Bridge. “I’m glad they launched with a bike path at all, and I hope they finish it because I’d love to ride all the way across.”

 

 

TWO BRIDGES

The San Francisco-Oakland Bay and Golden Gate bridges were built at the same time, started in 1933. But the Bay Bridge — the industrial, utilitarian bridge connecting The City to its biggest, most diverse nearby population centers — was done first. The tall, pretty one — with its Art Deco flourishes and tourist appeal — took longer.

On its opening day, the Golden Gate Bridge was filled with pedestrians, while the Bay Bridge hosted its first traffic jam as it was unveiled, “with every auto owner in the Bay Region, seemingly, trying to crowd his machine onto the great bridge,” the San Francisco Chronicle reported.

It’s been the same story ever since, with cyclists and walkers crowding onto the Golden Gate daily, salty winds howling through their hair, while travelers on the Bay are caged behind steel and glass.

But not anymore. In fact, it’s far more pleasant to ride on the Bay than the Golden Gate, where the bike path is narrow and cluttered. Now, it’s the golden one that seems to belong to another age, with the Bay Bridge designed to be personally experienced.

“It’s really a spectacular excursion,” Renee Rivera, executive director of the East Bay Bicycle Coalition, told me. “I was taken by surprise by what fun it is to be on a bike on that bridge.”

But the stirring sensation of riding or walking the Bay Bridge only accentuates its main shortcoming; at least the noisy, harrowing Golden Gate Bridge goes all the way across.

“We just spent $6 billion on that,” Fajans said, gesturing to the new Bay Bridge, “and you’re saying we can’t spend a little more to complete the bike lane? That’s not fair.”

Goodwin and others say that motorists paid for the new Bay Bridge with their tolls, but Fajans calls bullshit, noting that BART passengers pay more than drivers for a round trip across the bay without buying exclusive access in the future.

In this age of austerity, with government funding for transportation projects drying up and people reluctant to raise their own tolls or taxes, it’s hard to do what’s needed. That’s one reason cycling advocates take what they can get, such as an expensive western span proposal with one of two paths reserved for maintenance vehicles to smooth the automotive flow.

“If we have to sell it to the public to increase tolls, we’ll have to show that it benefits everyone,” Rivera said.

Completing this path, somehow, is a top priority for the cyclists.

“It was a little tough to get people’s attention on the western span for the last couple years, but now is the time,” Leah Shahum, executive director of the San Francisco Bicycle Coalition, told us.

Neither director seems willing to embrace Carlsson’s radical approach of simply seizing a lane.

“Like Chris, we feel strongly about equity on the bridge,” Rivera said. “At the same time, it needs to function smoothly as a bridge and I would be concerned about it bottlenecking at Treasure Island.”

Carlsson rejects the neoliberal approach of begging for scraps as we ride into a future that simply can’t continue to be dominated by automobiles. He says the Bay Pier must not rest there for another decade.

“Both bike coalitions have a resistance to appearing anti-car,” Carlsson says, “so they aren’t willing to say the obvious thing.”

Carlsson talks about the Bay Bridge as part of the free Shaping San Francisco lecture series at 7:30pm, Sept. 11, Eric Quezada Center for Culture and Politics, 518 Valencia, SF.

 

 

 

 

 

 

 

 

 


Supervisors to grill Mayor Lee over CleanPowerSF sabotage

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Mayor Ed Lee will be on the hot seat for his unqualified support of Pacific Gas & Electric Co. and his related opposition to the CleanPowerSF renewable energy program, which his appointees to the San Francisco Public Utilities Commission are trying to sabotage, when he shows up for the monthly mayoral question time at the Board of Supervisors meeting on Tuesday.

Hopefully the boring, scripted question time format that Lee created in collaboration with Board President David Chiu will finally give way to what the voters intended when they required the mayor to engage with the legislative branch: an actual, substantive, back-and-forth policy discussion meant to illuminate issues of public concern.

Because that’s what’s needed on this important issue. After more than a decade in the making, the board last year cast a historic vote to create the project on a veto-proof 8-3 vote. But the SFPUC is now refusing to set the maximum rate for the program, which should be a fairly technical and pro forma action, instead raising unrelated issues that the supervisors have already considered. In other words, unelected mayoral appointees have decided to veto a hard-won democratic gain, creating something akin to a constitutional crisis in a city that values public process and input. 

So for the first time ever, all the of the supervisors scheduled to ask questions (it rotates because odd- and even-numbered districts each month) have focused various aspects of a single important issue. Even though Lee has mastered the politicians’ dark art of speaking without saying anything, this one should still be a doozy as supervisors ask the following questions:

1. Mayor Lee – As you know, San Francisco has set ambitious goals to combat climate change. In many ways, the City is making great strides in this direction, from increasing bicycling, to pursuing zero waste goals, to hiring a new, excellent environmental policy advisor in Rodger Kim who has a strong background in environmental justice and community engagement. However, the Public Utilities Commission has repeatedly failed to set rates for CleanPowerSF, the most impactful local proposal yet designed to curb carbon emission. This program was adopted by the Board of Supervisors, the legislative body of the City. However, there are some allegations that your office is stalling its implementation. What specifically are you doing, as the City’s head executive, to implement this policy in a timely fashion? (Supervisor Mar, District 1)

2. Mr. Mayor, can you please outline your objections to the CleanPowerSF program as approved last year on an vote 8-3 by the Board of Supervisors? (Supervisor Chiu, District 3)

3. Recognizing the constraints imposed by state law, particularly with respect to opt-out provisions, how would a clean power program need to be structured in order for you to support it? Are you willing to work with the Board of Supervisors, and have your staff and commissioners work with the Board of Supervisors, to revise CleanPowerSF so that you can support it? Can we come to the table and make clean power a reality without any further delay? (Supervisor Breed, District 5)

4. The Board of Supervisors has been very supportive of CleanPowerSF. Do you think it is appropriate for a City Commission to go against the policy the Board of Supervisors set when it approved CleanPowerSF? (Supervisor Campos, District 9)

5. Days after the one-year anniversary of the 2010 PG&E San Bruno pipeline explosion, you called PG&E a “great local corporation” and a “great company that gets it.” However, the examples of PG&E’s immoral, illegal, and greedy behavior are legion:

– PG&E avoided admitting fault in the San Bruno explosion, failed to cooperate with the investigation, fought against paying a fair fine, and hopes to make ratepayers pay for the fine.

– PG&E’s current electric mix is only 20% California-certified renewable.

– Outages of PG&E-owned streetlights have increased over 400% in recent years, and PG&E wants to increase by $600,000 a year the amount it charges the City for streetlight maintenance without committing to improved service.

– Despite the fact that PG&E already has some of the highest electric rates in the country, PG&E is seeking to further increase rates in each of the next three years.

– While PG&E has proposed a new Green Tariff program, it remains only a vague proposal and there is no guarantee that it will ever be implemented.

– PG&E’s previous green campaigns-such as ClimateSmart and “Let’s Green This City”-have proven to be short lived and ineffective public relations stunts. Multiple public surveys conducted by the PUC to gauge the level of support for CleanPowerSF have all found that a substantial number of San Franciscans want the opportunity to pay a slight premium for a 100% renewable alternative to PG&E.

Why does your office continue to oppose providing City ratepayers with an alternative to PG&E’s monopoly by implementing CleanPowerSF? (Supervisor Avalos, District 11) 

California prisoners end hunger strike after Bay Area legislators call hearings

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Bay Area legislators Tom Ammiano (D-SF) and Loni Hancock (D-Berkeley) — who chair the Assembly and Senate Public Safety Committees, respectively — played pivotal roles in today’s decision by California prison inmates to end their hunger strike after 60 days.

The legislators last week called for legislative hearings to consider implementing some of the reforms that the prisoners and their supporters have been calling for, including changes to solitary confinement policies that critics say amount to illegal torture under international law.

“I am relieved and gratified that the hunger strike has ended without further sacrifice or risk of human life,” Sen. Hancock said in a joint public statement with Ammiano. “The issues raised by the hunger strike are real – concerns about the use and conditions of solitary confinement in California’s prisons – and will not be ignored.”

“I’m happy that no one had to die in order to bring attention to these conditions,” Ammiano said. “The prisoners’ decision to take meals should be a relief to CDCR and the Brown administration, as well as to those who support the strikers.”

The question now is whether the legislative hearings, set for next month, can persuade the executive branch to finally take action, despite the fact that both Gov. Jerry Brown and the California Department of Corrections and Rehabilitation have taken a hard line on prison issues, even resisting federal court orders to reduce the population in the severely overcrowded prison system and to improve substandard health care.

Ammiano spokesperson Carlos Alcala told the Guardian that the end of the hunger strike could help end that stalemate: “Mr. Ammiano is hopeful that CDCR’s intransigence has been directed at negotiating under the hunger strike pressure, but that they will now be open to making some changes that are meaningful.”

CRCR head Jeffrey Beard issued a public statement saying, “We are pleased this dangerous strike has been called off before any inmates became seriously ill.”

Issac Ontiveros of the Oakland-based California Prisoner Hunger Strike Solidarity group said the hunger strike generated international attention and support, waking the public up to horrific conditions in the prisons and putting pressure on the CDCR to implement reforms.

“Their demands are legitimate and they are pointing out human rigths violations in California’s prisons,” Ontiveros told the Guardian, noting that Amnesty International and a long list of other groups are putting pressure on California to reform its prison practices. “What made them call off the strike was the political gains that they made…It was a thoughtful civil rights strategy.”

This latest hunger strike was called for and organized by prisoners in the “secure housing units,” aka solitary confinement cells, at the maximum security Pelican Bay State Prison, many of whom have gone years without meaningful human interaction. Court filings indicated that more than 400 prisoners have been locked up in solidary for more than a decade, despite the psychological harm that experts say such confinement causes.   

The prisoners today issued a long statement announcing the end of the hunger strike, which includes this excerpt: “To be clear, our Peaceful Protest of Resistance to our continuous subjection to decades of systemic state sanctioned torture via the system’s solitary confinement units is far from over. Our decision to suspend our third hunger strike in two years does not come lightly. This decision is especially difficult considering that most of our demands have not been met (despite nearly universal agreement that they are reasonable). The core group of prisoners has been, and remains 100% committed to seeing this protracted struggle for real reform through to a complete victory, even if it requires us to make the ultimate sacrifice.  With that said, we clarify this point by stating prisoner deaths are not the objective, we recognize such sacrifice is at times the only means to an end of fascist oppression.

“Our goal remains: force the powers that be to end their torture policies and practices in which serious physical and psychological harm is inflicted on tens of thousands of prisoners as well as our loved ones outside.  We also call for ending the related practices of using prisoners to promote the agenda of the police state by seeking to greatly expand the numbers of the working class poor warehoused in prisons, and particularly those of us held in solitary, based on psychological/social manipulation, and divisive tactics keeping prisoners fighting amongst each other. Those in power promote mass warehousing to justify more guards, more tax dollars for “security”, and spend mere pennies for rehabilitation — all of which demonstrates a failed penal system, high recidivism, and ultimately compromising public safety.”

Kim calls for hearing on how SFPD investigates cyclist fatalities UPDATED

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UPDATED In the wake of revelations of shoddy and insensitive police work related to the Aug. 14 death of 24-year-old bicyclist Amelie Le Moullac, who was run over by a commercial truck driver who turned right across her path as she rode in a bike lane on Folsom Street at 6th Street, Sup. Jane Kim today called for a hearing on how the SFPD investigates cyclist fatalities.

The issue has lit up the Bay Guardian website with hundreds of reader comments after we wrote a series of blog posts and our “Anti-cyclist bias must stop” editorial, including our revelation that the SFPD failed to seek surveillance video of the crash even as its Sgt. Richard Ernst showed up at an Aug. 21 memorial to Le Moullac to denigrate cyclists and make unfounded statements about the fatal collision.

Police Chief Greg Suhr later apologized for Ernst’s behavior and the flawed investigation and said that surveillance video unearthed by cycling activists led to the conclusion by a police investigation that the driver who killed Le Moullac was at fault, according to Bay City News and SF Appeal, which also reported on Kim’s call for a hearing.

As we reported, motorists are rarely cited in collisions with cyclists or pedestrians, even when there’s a fatality involved and the motorist didn’t have the right-of-way, which appears to the case in Le Moullac’s death. The District Attorney’s Office, which did not immediately return a call from the Guardian, is considering whether to bring criminal charges in the case.

UPDATE: We just heard from DA’s Office spokesperson Stephanie Ong Stillman, who said, “The San Francisco Police Department has delivered a preliminary investigative package and we are in the process of reviewing it to determine what additional investigation is necessary.”

UPDATE 9/5 5pm: San Francisco Bicycle Coalition Executive Director Leah Shahum says she welcomes Kim’s hearings, which are long overdue. “We’re really thankful to Jane for bringing this forward,” Shahum told the Guardian, saying she hopes the hearing results in changes to how the SFPD investigates cyclist fatalilties. “We want to make sure there is ongoing accountability.”

She also said the San Francisco Municipal Transportation Agency has indicated to SFBC that it is working on near-term and long-term improvements on both Folsom and Howard streets, where cyclists in bike lanes must regularly contend to drivers cutting them off. The city does seem committed to a significant pilot of better bikeways there.”

Meanwhile, as the San Francisco Examiner reported today, Le Moullac’s family has filed a civil lawsuit against the driver who killed her, Gilberto Oriheaula Alcantar, as well as the company that he was driving for, Daylight Foods Inc., alleging that he was negligent in driving too fast and failing to pulled into the bike lane before making a right turn from Folsom onto 6th Street.

Are Yee’s anti-tenant votes about courting contributions from landlords?

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Sen. Leland Yee has never been a vote that renters could count on, from his days on the San Francisco Board of Supervisors to his representation of San Francisco’s westside in the California Legislature. But now that he’s preparing a statewide campaign for Secretary of State, tenant advocates say he’s more squirrely that ever.

They’ve been rankled by a couple of key Yee votes this year — and by Yee’s apparent unwillingness to engage with them or explain any concerns he might have — particularly Yee’s vote yesterday against legislation that would allow cities and counties to reinstate requirements that developers include some affordable rental units in their housing projects, which the California Supreme Court took away in 2009 with its infamous Palmer v. Los Angeles decision.

That legislation, Assembly Bill 1229, was narrowly approved by the California Senate yesterday despite an aggressive opposition campaign by landlords and developers who initially got overwise supportive Democrats to take a walk and abstain from voting, although tenants groups were finally able to stiffen enough spines to win passage. It now awaits the signature of Gov. Jerry Brown, who hasn’t yet taken a position on the measure.

“It directly overturns [the Supreme Court’s ruling on local inclusionary housing laws] and puts us right back where we were before the Palmer decision. It’s a hugely significant affordable rental housing measure,” Dean Preston, head of the statewide Tenants Together, told the Guardian.

But Yee, who provided the Guardian with a written statement in response to our questions, dismisses the bill’s significance: “SB 1229 is a piecemeal solution, offering a chance at lotteries in housing developments scattered randomly throughout the state. I’m proud to stand by my record of supporting effective legislation to provide affordable housing, supporting inclusionary housing and protecting rent control.”

Preston told us the statement “makes no sense and it doesn’t explain why he supported the same thing two years ago that he now opposes,” referring to Sen. Mark Leno’s SB 184, which died in the Senate two years ago.

But Preston did say that he’s happy to hear Yee explain himself, something that he’s been unwilling to do so far this year, including on his vote against Leno’s SB 603, who would have created sanctions for landlords that illegally withhold security deposits from their renters. It stalled in the Senate back in May.

“SB 603 would have invited lawsuits against landlords throughout the state, honest and otherwise, which would inevitably lead to property owners taking units off the market and driving up prices,” is how Yee now explains that vote to the Guardian.

But Preston said that explanation also doesn’t make sense, noting that Leno’s bill is already law in Alabama. “There’s no disincentive whatsoever for landlords to illegally withhold deposits,” Preston said, noting the he and other activists have fruitlessly tried for months to reach Yee on the issue. “It’s good to finally hear any explanation for his vote, months later.”

“There’s a pattern emerging with him where he won’t even explain his votes,” Preston said, noting that Yee “is running for statewide office and he’s trying to appeal to landlords and developers.”

Indeed, Yee will need to raise buckets of cash to reach a statewide audience, and he certainly understands who has the money these days. But Yee denies that he is carrying water for landlords, citing other pro-tenant votes: “I’ve always been proud to fight for tenants. Earlier this year, I cast the deciding vote for SB 391 which directs an estimated $720 million in state funds annually to the construction, rehabilitation and continued preservation of low and affordable affordable housing for everyone, families, seniors, veterans, people with disabilities, the unemployed, and the homeless. I spent years fighting for redevelopment agencies, one of only three Democrats to do so, which put a billion dollars a year into providing affordable housing throughout the state. These are programs that have been proven to be effective, an example of good results rather than just good intentions.”

UPDATE 3pm: Leno just returned our call from the floor of the Senate, where he said that Yee mischaracterized SB 603. “Those are the talking point of the industry and they’re just plain wrong,” Leno told us.

Leno said he modified the bill significantly to win support, including removing provisions that would have required landlords to keep deposits in separate accounts and pay interest on them. “All that remained is the penalty for a landlord that is was determined by the courts had illegally kept a deposit,” Leno told us. “And it still stalled. It’s the power of that lobby.”

A pair of Spades wins

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A strong showing by small businesses and activists concerned about chain stores and gentrification in the Mission won over a 3-2 majority on the Board of Appeals on Aug. 21, but their appeal of a city ruling that Jack Spade isn’t a formula retail business was denied anyway because it needed four votes.

The Valencia Corridor Merchants’ Association challenged the Planning Department’s June decision to issue a building permit to Jack Spade, a men’s clothing chain moving into the old Adobe Bookstore location on 16th Street. Officials ruled that chain has fewer than 11 locations, so it wasn’t required to go through the conditional use hearing required of “formula retail” businesses.

Though it indeed has only 10 locations, Jack Spade “has a complete imbalance of power and resources, which is exactly what the formula retail legislation aimed to remedy in the first place,” Mission activist Kyle Smeallie told the Guardian. Jack Spade is owned by Fifth & Pacific (aka Liz Claiborne), which also owns the Kate Spade women’s clothing chain. “We’re going to make the case that, since it’s named Spade, it has benefitted from the association with Kate Spade,” Smeallie explained. “Legally, we have a case to say a Spade is Spade and they should be considered one and same.”

Local business owners fear that an influx of chain stores will drive up commercial rents in the Mission and force them out of business. “I’m strongly opposed because of its potential to destroy the culture of this area,” Michael Katz, owner of Katz Bagels across 16th Street from the site, told the Guardian. “If they start allowing chains to come, it will be one chain store after another.”

Activists say they’re considering their options and not yet ready to give up.

Memorial for cyclist marred by SFPD harassment

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A memorial and informational event on Aug. 21 at the Sixth and Folsom corner where a bicyclist was fatally run over by a delivery truck a week earlier was marred by a tense and unsettling confrontation with an SFPD sergeant who showed up to block the bike lane with his cruiser, lecture the cyclists, and blame the victim.

The event was organized by the San Francisco Bicycle Coalition to raise awareness of the incident and that dangerous intersection and to call for the city to make improvements. It included friends and co-workers of 24-year-old Amelie Le Moullac, who was riding in the Folsom Street bike lane on the morning of Aug. 14 when an unidentified truck driver turned right onto Sixth Street, across her path, and ran her over.

SFPD Sgt. Dennis Toomer tells the Guardian that the department has completed the traffic incident report, information from which can only be shared with the parties involved, but that the investigation of the fatality is still ongoing and will be forwarded to the District Attorney’s Office for review once it’s done.

But SFBC Executive Director Leah Shahum said that SFPD Sgt. Richard Ernst, who showed up at the event a little before 9am, had already drawn his own conclusions about the crash and showed up to make his apparent disdain for “you people,” bicyclists, disturbingly clear.

Shahum said that she tried to be diplomatic with Ernst and asked him to please move his patrol car out of the bike lane and into an available parking space that was right next to it, saying that it presented an unnecessary hazard to bicyclists riding past.

But she said Ernst refused to do so for almost 10 minutes, telling the group that he has “a right” to leave his car there and that he was “making the point that bicyclists need to move around” cars parked in bike lanes, according to Shahum’s written account, which she prepared to file about the incident with the Office of Citizens Complaints.

“He then told me explicitly that he ‘would not leave until’ I ‘understood’ that ‘it was the bicyclist’s fault.’ This was shocking to hear, as I was told just a day ago by Commander [Mikail] Ali that the case was still under investigation and no cause had yet been determined,” Shahum wrote.

And apparently Ernst didn’t stop at denouncing Le Moullac for causing her own death, in front of people who are still mourning that death. Shahum said Ernst also blamed the other two bicyclist deaths in SF this year on the cyclists, and on “you people” in the SFBC for not teaching cyclists how to avoid cars.

“I told him the SF Bicycle Coalition does a significant amount of safety work educating people biking and driving about sharing the road, and that I’d be happy to share more information with him. I again urged him to move his car out of the bike lane. He again refused, saying it was his right and he wasn’t moving until I ‘understood,'” Shahum wrote.

Shahum said there were multiple witnesses to the incident, including three television reporters who were there to cover the event.

“In addition to the Sgt’s inappropriate and dangerous behavior of parking his car in the bike lane and blocking safe passage for people bicycling by, it was deeply upsetting to see him unnecessarily disrupt and add tension to what was already an emotional and difficult time for many people who lamented this sad loss of life,” Shahum wrote.

Asked about the actions and attitudes expressed by Ernst, who we could not reach for comment, Toomer told us he “cannot talk about personnel issues.”

Compounding Ernst’s insensitive and judgmental approach, it also appears the SFPD may have failed to properly investigate this incident, which Shahum and the SFBC have been tracking closely, and she said the SFPD told her that there were no video surveillance tapes of the collision.

After the event, SFBC’s Marc Caswell decided to check in at businesses on the block to see if they had any video cameras aimed at the intersection, and he found an auto body business at the intersection whose workers said they did indeed have revealing footage of the crash that the SFPD hasn’t requested, but which SFBC delivered to investigators.

“He had the time to come harass us at a memorial, but he didn’t have the time to see if anyone had footage of this incident,” Shahum told us. “It’s very unsettling.”

How I learned to stop worrying and just trust Larry

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As I leave for Burning Man, I wanted to share an article that I wrote for the on-playa BRC Weekly. Enjoy, and I’ll see you all on the on the other side:

This is as good as it gets, burners, right here and right now in beautiful, bountiful Black Rock City. And this is the way it’s always going be, year after year, like a dusty Groundhog Day on acid. Only the numbers and faces of the citizens and the things we create for one another will change.

It’s perfect, right? No reason to change a thing. What God (or, rather, Larry Harvey) has created, let no burner presume to alter.

That’s an idea that most burners seem to embrace, despite the beloved pastime of veteran burners to kvetch and celebrate some storied golden age, whether it be 1986, 1996, or 2006. We all just appreciate the chance to build a city for ourselves each year and the leaders of Burning Man for giving us that opportunity, again and again.

And I’m now joining those who accept Burning Man as it is, hereby officially dropping my struggles against Larry, Maid Marian, and the rest of Black Rock City LLC board to create some form of representative or democratic leadership for the Burning Man and its culture.

It’s been a lonely and frustrating crusade anyway, so I’m happy to be done with it (as I’m sure they are). I’ve been regularly covering Burning Man for my newspaper, the San Francisco Bay Guardian, since 2004. My reportage formed the basis of my book, The Tribes of Burning Man, which came out in 2011 just as the LLC board was being torn apart by internal divisions that they resolved by deciding to turn control of Burning Man over to a new nonprofit they were creating, The Burning Man Project.

“Why not act to change the world, a world that you won’t be in? And that’s what we want to do,” Larry told a roomful of grateful burners when he announced the plan in April 2011. “We want to get out of running Burning Man. We want to move on.”

The prospects of that change in leadership seemed exciting, and I imagined a council of veteran burners representing our community’s constituent communities – artists, DPW, sound camps, volunteers, art car makers, regional leaders, maybe the biggest villages – gathering around a table to plan the future of Burning Man. It might get messy, but things worth doing usually are.  

First, I took issue with Larry’s announced plans to create secret payouts for the six board members, but nobody except Chicken John seemed to care about that. The predominant view seemed to be that they had done us all a great service and they deserved whatever it was they wanted to pay themselves.

Fine, so then I publicly questioned the hand-picked nonprofit board, which seemed chosen for their fundraising ability more than the communities they represented. Again, no resonance, so I accepted it and moved on. Maybe money was what was important in the early stages, and new leadership would come later.

And I was totally willing to just let it go and move on, until earlier this year when I watched the new documentary, “Spark: A Burning Man Story,” which concludes with the claim “the organization is transitioning into a nonprofit to ‘gift’ the event back to the community.”

So I decided to plug back into covering Burning Man to check on the status of this gift with just a year to go until Larry had said that control of the event would be transferred to the new nonprofit. But rather than relaxing their grip on the event and entrusting it to the community, I learned that they consider their leadership “more important than ever,” as Marian put it.

Not only are The Burning Man Project board members still not representative of the overall community, but they have no authority over the event, which Larry wants to continue as is “without being unduly interfered with by the nonprofit organization.”

Sure, the LLC and its various fiefdoms can unilaterally change its contracts with artists, its policy on what kinds and how many art cars to license, its ticket pricing structure, and size of the city (the max population this year jumped to 68,000 from 60,000 last year), all without any input from the community. It can cut lucrative side deals with corporations and propagandists. But we can’t have the new nonprofit board making these sorts of decisions, that would be unthinkable. 

“The nonprofit is going well, and then we have to work out the terms of the relationship between the event and the nonprofit. We want the event to be protected from undue meddling and we want it to be a good fit,” Larry told me.

And when I wrote about these issues in the Guardian, where they were read by tens of thousands of people, few people seemed to care. Two articles I wrote on these issues this year got two online comments each, comparing to the 259 comments and vigorous public discussion that ensued after I wrote “Burning Man ticket fiasco creates uncertain future” in February of last year.

The lesson: as long as we can get to Black Rock City, we don’t really care who’s calling the shots. After all, it’s really all of us who create the city each year for our own enjoyment, and that’s what matters, not the six people who control the $23 million we all spent on tickets this year.

So I’m just going to enjoy myself this year and forever after, safe in the faith that “participation” and “radical self-reliance” are things I do in my own camp and immediate surroundings, and that the larger Burning Man project itself is in the same safe and benevolent hands that it’s always been and always will be.

Amen.

 

 

Chronicle: Don’t question the City College takeover, just submit to the flawed ACCJC

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I have very low expectations from editorials in the San Francisco Chronicle, which generally share a worldview with the Chamber of Commerce and carry water for some powerful Establishment figure or another. But today’s editorial on City Attorney Dennis Herrera’s lawsuit defending City College is so bad and illogical that it reads like an Onion parody of a Chronicle editorial.

Clearly put up to it by some of the most reactionary figures in the Mayor’s Office, Chronicle Editorial Page Editor John Diaz or one his lackeys parrot the submissive stance that Mayor Ed Lee has taken toward outsiders with corporatist agenda that have seized control of City College and sought to make a high-profile example of it.

“The city’s leaders should be calling for tough love, not coddling dysfunction. Fortunately, Mayor Ed Lee has done just that – but, regrettably, the city attorney is going in the opposite direct [sic],” the Chronicle wrote.

And by “tough love,” they apparently mean obedient and unquestioning compliance with an obscure accrediting agency’s demand that City College slash community-based curriculum; close facilities relied on by both students and local nonprofit groups; rip up contracts with faculty and force instructors to live on part-time wages; distill course offerings down to just what serve corporations, universities, and banking interests; and other aspects of an educational agenda that hasn’t been properly vetted in public hearings or approved by any elected body.

Herrera is to be applauded for pointing out the overreach and conflicts-of-interest on the Accrediting Commission of Community and Junior Colleges, which were also recently criticized by the US Department of Education. And we’re excited to see what Herrera uncovers during the discovery process in his lawsuit against a secretive, corporate-connected, document-shredding agency that broke its own internal rules in its treatment of City College.

The Chronicle graciously refers to these unavoidable facts in a brief paragraph, writing that the ACCJC “is not without flaws. It’s secretive, and its internal policies drew a rebuke from the U.S. Department of Education after City College faculty filed complaints about its conduct.”

But then it dimisses that and shows a suspicious incuriosity about why the ACCJC is being so secretive and what its agenda might be, instead doubling down on criticizing City College in a way that is so over-the-top that this fine institution is unrecognizable to anyone who is actually familiar with it, which Diaz and company clearly aren’t.   

“The needed changes include hiring a comptroller to organize financial controls, making sure students pay for classes, and overhauling a loose-fit governance system that puts faculty, students and staff in charge of operations with inadequate administrative controls. Lee has strongly endorsed an overhaul of City College’s ramshackle operations,” the Chronicle writes.

Unlike us here at the Guardian, where I’ve written two recent editorials in support of democracy and local control and critical of Lee and others who have been too quick to cooperate with the toppling of the locally elected Board of Trustees, the Chronicle apparently believe in more authoritarian methods of governance.

“The first repairs are now under way. The powers of the elected community college board are on hold, and a special trustee dispatched by state Community College Chancellor Brice Harris is in charge,” the Chronicle writes.

And as we report in our upcoming issue, that special trustee also has no interest in questioning the ACCJC’s process or methods or even allowing the public to review internal communications. It’s a shame that bootlickers like Lee and the Chronicle have sold out such an important local institution to their corporate masters, but luckily for San Francisco, Herrera, the California Federation of Teachers, the Guardian, other progressive media voices, and hundreds of our community partners aren’t giving up so easily, instead pushing for an open, truthful, democratic, and transparent discussion about City College’s mission and its future.

Memorial for cyclist marred by SFPD harassment

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A memorial and informational event this morning at the 6th and Folsom corner where a bicyclist was fatally run over by a truck last week was marred by a tense and unsettling confrontation with an SFPD sergeant who showed up to block the bike lane with his cruiser, lecture the cyclists, and blame the victim.

The event was organized by the San Francisco Bicycle Coalition to raise awareness of the incident and that dangerous intersection and to call for the city to make improvements. It included friends and co-workers of 24-year-old Amelie Le Moullac, who was riding in the Folsom Street bike lane on the morning of Aug. 14 when an unidentified delivery truck driver turned right onto 6th Street, across her path, and ran her over.

SFPD Sgt. Dennis Toomer tells the Guardian that the department has completed the traffic incident report, information from which can only be shared with the parties involved, but that the investigation of the fatality is still ongoing and will be forwarded to the District Attorney’s Office for review once it’s done.

But SFBC Executive Director Leah Shahum said that SFPD Sgt. Richard Ernst, who showed up at the event a little before 9am, had already drawn his own conclusions about the crash and showed up to make his apparent disdain for “you people,” bicyclists, disturbingly clear.

Shahum said that she tried to be diplomatic with Ernst and asked him to please move his patrol car out of the bike lane and into an available parking space that was right next to it, saying that it presented an unnecessary hazard to bicyclists riding past.

But she said Ernst refused to do so for almost 10 minutes, telling the group that he has “a right” to leave his car than and that he was “making the point that bicyclists need to move around” cars parked in bike lanes, according to Shahum’s written account, which she prepared to file a report about the incident with the Office of Citizens Complaints.

“He then told me explicitly that he ‘would not leave until’ I ‘understood’ that ‘it was the bicyclist’s fault.’ This was shocking to hear, as I was told just a day ago by Commander [Mikail] Ali that the case was still under investigation and no cause had yet been determined,” Shahum wrote.

And apparently Ernst didn’t stop at denouncing Le Moullac for causing her own death, in front of people who are still mourning that death. Shahum said Ernst also blamed the other two bicyclist deaths in SF this year on the cyclists, and on “you people” in the SFBC for not teaching cyclists how to avoid cars.

“I told him the SF Bicycle Coalition does a significant amount of safety work educating people biking and driving about sharing the road, and that I’d be happy to share more information with him. I again urged him to move his car out of the bike lane. He again refused, saying it was his right and he wasn’t moving until I ‘understood,’” Shahum wrote.

Shahum said there were multiple witness to the incident, including three television reporters who were there to cover the event.

“In addition to the Sgt’s inappropriate and dangerous behavior of parking his car in the bike lane and blocking safe passage for people bicycling by, it was deeply upsetting to see him unnecessarily disrupt and add tension to what was already an emotional and difficult time for many people who lamented this sad loss of life,” Shahum wrote.

Asked about the actions and attitudes expressed today by Ernst, who we could not reach for comment, Sgt. Toomer told us he “cannot talk about personnel issues.”

Compounding Ernst’s insensitive and judgmental approach today, it also appears the SFPD may have failed to properly investigate this incident, which Shahum and the SFBC have been tracking closely, and she said the SFPD told her that there were no video surveillance tapes of the collision.

After today’s event, SFBC’s Marc Caswell decided to check in at businesses on the block to see if they had any video cameras aimed at the intersection, and he found an auto body business at the intersection whose workers said they did indeed have revealing footage of the crash that the SFPD hasn’t requested, but which SFBC today delivered to investigators.

“He had the time to come harass us as a memorial, but he didn’t have the time to see if anyone had footage of this incident. It’s very unsettled,” Shahum told us.

Whoever was ultimately at fault in this collision and others that have injured or killed bicyclists in San Francisco, today’s confrontation demonstrates an unacceptable and dangerous insensitivity and animosity toward bicyclists in San Francisco, which was also on display in the comments to the post that I wrote last week about the incident.

It’s fine to debate what happens on the streets of San Francisco, and you can even harbor resentments toward bicyclists and believe that we deserve your ire. But when you endanger people’s lives to make a point, or when you threaten violence against vulnerable road users, then you’ve gone too far.

Yes, let’s talk about what happens on the roads and how to improve behaviors, but let’s not forget our humanity in the process.  

Activists say a pair of Spades could beat culture and small business in the Mission

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[UPDATE: The Board of Appeals last night voted to 3-2 that Jack Spade should be considered a formula retail business, short of the four-vote supermajority that activists needed to sustain their appeal.]

Progressive activists and small business owners in the Mission are trying to draw the line against the creep the of corporate chain stores — with their homegeneity and tendency to drive up commercial rents — and they’re drawing that line at the old Adobe Bookstore where the Jack Spade corporate clothing chain was trying to quietly sneak in.

“I’m strongly opposed because of its potential to destroy the culture of this area,” Michael Katz, owner of Katz Bagels across 16th Street from the site, told the Guardian. “If they start allowing chains to come, it will be one chain store after another.”

Katz has already been experiencing the flipside of these economic boom times, recently forced to close his shop on Mission Street near 2nd in SoMa because of rising rents and competition from both food trucks and corporate-backed competitors. Now, he’s fighting to defend his Mission District turf against deep-pocketed competitors.

“This will change the special personality of the 16th and Valencia corridors,” Katz said. “It’s turning it into a commodity.”

Katz is among the dozens of people planning to show up tomorrow for the San Francisco Board of Appeals’ hearing (Wed/21, 5:00 PM, City Hall Room 416) on the Jack Spade store. The Valencia Corridor Merchants’ Association is organizing the challenge to the legal standing of a building permit issued to Jack Spade by the Planning Department in June.

Last week, that same group of activists experienced a minor setback when the Board of Appeals denied a late filing request. Tomorrow, however, they’ll get the opportunity they were seeking to argue that the store is “formula retail” and needs to submit to a public hearing before being sanctioned by the Zoning Administrator to open a new Mission location.

Mission resident Kyle Smeallie has been working with the VCMA to oppose the mens’ clothier’s advances on 16th street. In the case of Jack Spade, the Planning Department has enforced only the narrowest definition of “formula retail” as a business with 11 or more locations, while failing to defend the broader spirit of the law.

Since Jack Spade is owned by Fifth & Pacific (aka Liz Claiborne), according to Smeallie, it is a corporate chain store. Though it indeed has only 10 locations, Jack Spade “has a complete imbalance of power and resources, which is exactly what the formula retail legislation aimed to remedy in the first place,” said Smeallie.

Fifth and Pacific also makes clear on its website the Jack Spade is an expanding chain: “Under Fifth & Pacific, Jack Spade has begun to spread its wings and is now poised for broader expansion. Although management would not disclose a precise volume breakdown, Fifth & Pacific’s CEO William L. McComb said on an earnings call last year that Jack Spade ‘can be a $100 million men’s business with very high margins.’”

That’s “margins” as in profit margins, meaning that this corporate chain can has an economies of scale that allows it to buy goods for cheap and sell them for whatever people will pay, which is an ever-increasing amount in the rapidly gentrifying Mission.  

Experts have advised the activists that their best approach is to argue that Kate Spade and Jack Spade are essentially the same store, with well over 11 locations nationwide, since corporate parentage is not explicitly prohibited in the formula retail legislation approved by voters in 2006.

“We’re going to make the case that, since it’s named Spade, it has benefitted from the association with Kate Spade,” Smeallie explained. “Legally, we have a case to say a Spade is Spade and they should be considered one and same.”

In the past, this strategy was successful in thwarting an effort by “Black Fleece by Brooks Brothers” to open a neighborhood location by claiming that it was, effectively, just another Brooks Brothers. In that case, however, the full name of the large-scale retailer was present in the subsidiary’s label.

“Greyhound therapy” is wrong for Nevada, and San Francisco

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It’s horribly inhumane and indefensible for Nevada to ship its mentally ill homeless to San Francisco, and City Attorney Dennis Herrera is right to go after that state with a lawsuit aimed at changing that policy and recovering the city’s costs, which he discussed today in a press release and San Francisco Chronicle article.

But San Francisco should have greater moral authority to make this stand than it does, thanks to the Homeward Bound program started by then-Mayor Gavin Newsom and continued by Mayor Ed Lee, a program that gives local homeless individuals a one-way bus ticket out of town.

The Chronicle took pains to say how different San Francisco’s exportation of its homeless is from Nevada’s, noting that we make sure our homeless are stable enough to travel alone and that there’s someone waiting for them on the other side before we send them to the bus station.

Sure, that’s better, but the basic concept is the same and it’s consistent with San Francisco basic approach toward much of its homeless population, for whom the city intentionally limits shelter beds and makes it difficult to get one and treats the resulting street population as a law enforcement issue.

Newsom was elected on his Care Not Cash promise to provide shelter and social services to the homeless, and it certainly did get many people who needed it into supportive housing. But the actual homeless problem is far worse and more systemic than that program (or feel-good gimmicks like Project Homeless Connect) can really address.

San Francisco should be leading the way in calling for this country to address the root causes of homelessness, as well as the related problems of poverty, exploitation of workers and natural resources, and a wasteful economic system that is cooking the planet and its biodiversity.

Instead, we’re leading the way in pushing unsustainable, technology-fueled economic growth with no regard for the byproducts of wealth generation by the privileged few, whether it be giving our homeless one-way bus tickets out of town, forcing our workers and nonprofits to seek reasonable rents elsewhere, undermining hard-won social compromises, or missing our own greenhouse gas reduction goals (today’s Examiner cover story).

We can — and we should — take greater responsibility for our city’s policies and prejudices and work to regain  the moral authority that we need to be an example for other cities and begin to advocate for needed reforms on the national and international levels.  

Plan Bay Area takes legal punches from the left and right

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Plan Bay Area, the regional strategy to funnel future population growth into San Francisco and other big cities in order to combat climate change, is now being slammed with legal challenges from both sides of the ideological spetrum.

Those left-right punches could knock out a plan that critics called a schizophrenic attempt to accomplish competing goals with inadequate resources and resolve. For example, it created incentives to increase housing density along transit lines, but it did little to limit private automobile use, make that housing affordable by people who do use transit, or address the displacement of existing urban populations.

Earthjustice, Communities for a Better Environment, and the Sierra Club today filed a lawsuit in Alameda Couty Superior Court challenging Plan Bay Area’s recent approval by the Metropolitan Transportation Commission and the Association of Bay Area Governments.

That lawsuit follows one filed Friday with the same court by the Building Industry Association of the Bay Area. And those two suits follow another one filed Aug. 6 by the conservative Sacramento law firm Pacific Legal Foundation on behalf of a group calling itself Bay Area Citizens.

While that first lawsuit from the Tea Party crowd criticizes the very idea of regional planning and the validity of addressing global warming, these latest two lawsuits basically call out Plan Bay Area and its supporters for not going far enough to address the goals laid out in the plan.

Earthjustice and the community groups it works with criticize Plan Bay Area for disrupting Bay Area communities with an accelerated growth plan that doesn’t address environmental justice issues like those faced by West Oakland residents, whose air quality would be worsened by an influx of automobile traffic.   

 “The people of the Bay Area take pride in living in one of the most diverse, culturally and economically vibrant metropolitan areas in the world. We demand smart planning for growth—the kind that improves our quality of life, makes life easier and less expensive for residents all over the Bay Area, and allows our communities to thrive and grow,” Irene Gutierrez, Earthjustice associate attorney, said in a press release. “This requires responsible planning that reduces climate change pollution, plans for smart public transit growth, avoids toxic zones, and dirty and harmful air quality. Plan Bay Area does not achieve those goals. The people of the Bay Area deserve a much better plan.”

And Bay Area developers are focused on how the plan calls for more transit-oriented development without investing in the public infrastructure needed to serve it, criticizing the state legislation behind Plan Bay Area that relaxes the environmental studies of projects in transportation corridors.

“SB 375 calls on the Bay Area and other regions of California to integrate residential and transportation planning in ways that fully accommodate their housing need and in ways that allow for reduced reliance on and emissions from passenger vehicles,” said Bob Glover, executive officer of BIA | Bay Area. “Plan Bay Area is a cop out.  It neither plans for enough housing nor provides a reasonable path for developing it and therefore looks a lot more like a pulling up of the draw bridge than a sustainable communities strategy.”

To learn more about Plan Bay Area, you can read our May cover story, “Planning for Displacement,” or the coverage of a public forum that we and other groups sponsorerd.

Tragedies remind us to pay attention and share the roads

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A pair of tragic news items involving bicyclists in San Francisco — one cyclist a victim, another a perpetrator — illustrates the need for all of us to slow down, pay attention, and safely and respectfully share the roadways of this crowded city.

The victim of yesterday’s fatal collision between a truck and bicyclist at Folsom and 6th Streets — in which the motorist turned right across the path of cyclist in a bike lane, but was inexplicably yet not surprisingly not cited by police — was today revealed to be 24-year-old Amelie Le Moullac.

Meanwhile, 37-year-old cyclist Chris Bucchere was today sentenced to 1,000 hours of community service and three years probation after pleading guilty to felony vehicular manslaughter after last year trying to beat a red light at Castro and Market streets and fatally striking elderly pedestrian Sutchi Hui.

“Motorists, pedestrians, and bicyclists must share the road in a responsible way because there are dire consequences when traffic laws are disregarded,” District Attorney George Gascon said today after Bucchere’s sentencing.

Both of these incidents were sad for all concerned, and they should remind us to be responsible and attentive travelers, a lesson that we could all use. Everyday on my bike commute home, I see motorists running red lights or darting heedlessly around obstacles, risking people’s lives to save seconds of their days; cyclists impatiently edging their way past pedestrians; and pedestrians stepping out into traffic without looking around them, often because they’re absorbed by their smartphones.

We’re all guilty of bad behavior on the roadways at times, myself included, so I’m not going to presume to stereotype any particular group of road users (I’ll leave that to the trolls). But when we hear about terrible tragedies like these, it’s good to take a moment to reflect on our own behavior and do what we can to civilly share our civic spaces, particularly when wielding the deadly weapons of a fast-moving bicycle or an automobile moving at any speed.  

Activists urge Gov. Brown not to veto the Domestic Workers Bill of Rights again

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Supporters of the California Domestic Workers Bill of Rights are gathering outside the State Capitol Building this afternoon (Tues/13), culminating caravans that began with rallies in a half-dozen cities (including San Francisco this morning), hoping to extend basic labor protections to the people who care for our children and grandparents and clean our homes.

Although activists want to reach members of the California Senate, where Assembly Bill 241 awaits approval after clearing the Assembly (it now awaits action by the Senate Appropriations Committee), their main target is Gov. Jerry Brown, who vetoed a similar bill last year.

As we wrote in an April cover story on the issue, “Do We Care?,” Brown cited concerns that extending overtime, minimum wage, and other basic labor standards to domestic workers — who, along with farm workers, are the only workers exempt from federal labor laws — could cause employers to lay off or reduce the hours of domestic workers.

Activists said they were insulted by that paternalistic approach. Nonetheless, the bill was modified to address some of those concerns, said Carlos Alcala, spokesperson for Assemblymember Tom Ammiano, who sponsored the bill last year and again this year. For example, he said it eliminated the need for state agencies to write new regulations to enforcement the measure.

“It now puts the rules into the code. There’s more than one way to skin a cat. If we write the rules, then the rules say what we want,” Alcala told us. Still, he said they’ve gotten no indications from the Governor’s Office that Brown would sign this version: “It’s really hard to read where he is, but the good thing is we’ve already been through this.”

Activists with the California Domestic Workers Coalition — which brings together domestic workers, their employers, labor unions, and progressive groups — say they’ve been lobbying the Governor’s Office but they don’t know where he stands.    

“Gov. Brown has not given any indication he’s going to sign the bill,” said Katie Joaquin, who is coordinating the campaign. “This caravan has involved numerous leaders from various communities urging Gov. Brown to work with us.”