All posts by Brian Leubitz

Budget Goes to Governor’s Desk: Republicans Freak Out About HSR

Budget Based on Compromises Leaves Questions

by Brian Leubitz

First, let’s get this out of the way: the budget ($156bn for those counting at home) has now been passed and just awaits a few formalities. It is a budget of compromises, but a solid foundation for California’s priorities.  And there are no big public fights, no big accusations, and no sleepovers in Sacramento. This is all good, and says a lot about the improved process under the majority vote budget system. (And Prop 30, which gives the revenue breathing room that we need.)

All that being said, the Governor wanted to maintain a hard line on spending. It’s nice and prudent and all that, but there are a lot of gaping holes in the budget that should have been addressed. George Skelton’s review of the completed product outlines some of those holes:

But the governor refused to reverse a 10% cut in pay rates for doctors who treat patients in the Medi-Cal program that is greatly expanding under Obamacare. Because of the measly rates – lowest in the nation – more and more doctors are refusing to accept Medi-Cal patients.

And, shamefully, no one even tried to restore previously cut funding for the most vulnerable: the aged, blind and disabled poor living entirely off federal and state subsistence programs (SSI/SSP) – $880 (sic, it is actually $877.40 – BL) monthly for singles and $1,480 for couples. There are roughly 1.5 million Californians receiving SSI/SSP, which was reduced to the federal minimum during the recession. The state is still stiffing them. They’re not unionized and can’t make campaign contributions. Meanwhile, legislators keep raising the minimum wage, bumping up inflation and squeezing these impoverished folks even more.

So the governor and Democrats shouldn’t be patting themselves on the backs all that much for their budget compromise. ([George Skelton / LATimes)

There have been a few good editorials about the Medi-Cal question, including this one in the SF Chronicle. Boiling it down, our reimbursement rates are among the lowest in the nation. And while there is a sharp need to control medical costs. As you can see from the graph in this tweet, our costs are still out of control. But the problem here is that if the tightest controls are isolated to Medi-Cal, doctors simply won’t take Medi-Cal patients. And that is exactly what is happening. As you can see from the ad up top, this was a big deal for the state. But under the current budget, reimbursement rates are still far too low.

In addition to the heartbreaking failure to restore SSI/SSP funding for some of the state’s most vulnerable, the state’s contributions to CalSTRS are taking a big chunk out of the restoration of funding to K12 education. And even with the $250+ million for both early child education and vocational education, there are still big funding problems at all levels of California education.

The other big issue: yeah, that would be Republican Majority Whip Kevin McCarthy’s non-stop tirade over the high speed rail project. (Seen here looking hilarious in flick user donkeyhotey’s cartoon.) The budget allocates $250m from cap and trade revenue, but long-term funding issues are still out there. At this point, HSR leaders can point to several billion of funding that is out there for the project, but are still a ways off from the full price tag. And if McCarthy becomes Majority Leader as expected, comments like these could mean it becomes a lot more challenging to get federal assistance for the project:

“Governor Brown’s persistence shows he is more interested in protecting his legacy than communities that will be uprooted by its intrusion,” he added. “As long as I am in Congress, I will do whatever I can to ensure that not one dollar of federal funds is directed to this project.” (Melanie Mason / LAT)

But those decisions are for another day. Today, we have a budget that will keep the lights on throughout the state, and that’s good thing.

Budget Negotiations Continue

Process looks set for this weekend

by Brian Leubitz

The budget deadline is this weekend, and without the need to pull a few Republican votes, harmony seems to reign. Well, not so much real harmony, but something that passes for harmony in Sacramento when you look at the past budget fights before the majority vote budget and Prop 30 votes.

With closed-door negotiations bearing fruit, the joint budget committee is expected to meet Wednesday afternoon to nail down more details on state spending.

“We’ll get through most of it,” Assemblywoman Nancy Skinner (D-Berkeley), who is chairing the committee, said in an interview.(LA Times)

Everybody seems to be all happy-go-lucky on getting a deal done. But to be clear, there are a lot of tough choices to be made. K-12 funding is still too low. Court funding is getting a boost, but is probably still too low. Skinner and Steinberg are still fighting Brown’s intention to end overtime pay for homecare workers.

The bigger issue overhanging much of this is whether to include an additional $2.5 billion in projected capital gains revenue, with some sort of compromise likely.

Yes, the negotiations are more civil than in the past, but the issues are very real. Gov. Brown seems to be a bit hesitant to restore funding levels anytime soon, but there is a lot of gap to fill between how much the state needs in services and how much we are providing. The higher end of our economy has clearly recovered, but that is far from universally true across the income spectrum.

The Controller Race Continues

SF Gay Pride 2009 - State BOE Betty YeeBetty Yee holds 2nd place (barely) as counting continues

by Brian Leubitz

Counties across California are making progress on the unprocessed ballots. For most races, this isn’t really a big deal. However, in the Controller’s race, where the 2nd place result is likely to be determined by a few thousand votes at most, every vote is critical. Here’s the situation as of 10AM today:

LA Pride Mayor Villaraigosa's Garden PartySwearingen: 870,625

Yee: 758,401

Pérez: 757,328

Evans: 752,556

Evans is falling behind a little bit, which is a very comforting sign for all the Democrats out there worried about a 2 Republican race. (Like, umm, me.) But with 791,885 unprocessed ballots, including over 148K in Los Angeles County alone, there is a lot of uncertainty left. You can check the most recent unprocessed ballots report here. The most recent report at the time of writing this is from last evening.

Counties have a little less than a month to certify their results to the Secretary of State, so a bit of patience is required. Not necessarily easy though.

UPDATE: John Pérez has now taken a small lead (1123 votes) as of Wednesday morning as a big batch of LA ballots came in. The total unprocessed votes now stands at 328,576.

UPDATE 2: Yee took the 2nd place spot back this afternoon. She now leads by 2,820 over Pérez.

Top 2 Promotes Gamesmanship, Bad Outcomes for Voters

Election Results Leave Many Puzzled

by Brian Leubitz

Yesterday was the election, but I’m not going to give you the typical wrap up of last night’s election. There are many good places for that, the LA Times, the SF Chronicle, the Sacramento Bee, all the usual suspects. I also highly recommend Josh Richman’s Political Blotter. But today, I’m on a bit of a mission/rant, one that I started last night on twitter. And it really can’t be fully fleshed out in 140 character chunks.

This is our first real statewide primary with the so-called “jungle primary” aka Top 2. We saw same strange outcomes in 2012 with legislative and Congressional races, but those could be shrugged off as local anomalies. The 31st Congressional District is usually cited as the worst case scenario, with Pete Aguilar, the top Democratic vote getter falling two points short of making the top 2.  But in that race, Democrats only received 48.5% of the vote. Not having a Democrat was a bit silly, and could have been avoided (with a back room deal). However, the general election would still have been a tough race.

But take a look at the following scenario: Democrats split 48.4% of the vote, with a left-leaning third party candidate getting another 5.7%. In this scenario, Republicans garner only 46%. However, two Republicans move on to the general election.

Supporters of Top 2 often claim that June shouldn’t be determinative. It is a low-turnout election, so the two most popular candidates should move on. Or that the Democrats should have done a better job in organizing, or choosing candidates. They should have split that 48.4% better, or one candidate should have been stronger. But isn’t that essentially encouraging back-room deals? That is not what democracy should look like. If the good government groups that were behind the measure along with Gov. Schwarzenegger hoped they were enpowering the people, they should have known better.

This of course brings us to the Controller’s race (updated results here). Right now, the case isn’t as grim as my scenario just listed. Ashley Swearingen, the Republican Mayor of Fresno, leads all candidates with 24.4%. Former Speaker John Pérez is currently in second place with 21.7%, leading Republican David Evans by 2,436 votes and Democratic Member of the BOE Betty Yee by 5,643 votes. If those numbers hold up, Pérez would be the favorite to win in the fall.

But just who is this David Evans? He filed no campaign finance report with the Secretary of State, or at least nothing has yet appeared on Cal-Access. His website is vague and very 1998. He does have that video I posted, but there is otherwise very little information to go on. He is apparently a CPA, which I suppose is a reasonable qualification, especially when voters are none too pleased with their politicians. And his ballot designation of “Chief Financial Officer” and first ballot position are quite valuable when voters are coming into the ballot booth with very little information. But even with a good ballot designation, how exactly did he get 636,109 votes?

Because there is no campaign finance report, we don’t know how he used whatever small amount of money he had. Maybe he bought a few slate cards and hoped that his ballot designation would bring him luck. Apparently it did, although the legality of “Chief Financial Officer” seems somewhat questionable, considering adjectives aren’t normally allowed. Maybe there were some IEs for him, whether out of gamesmanship or sincere support for Mr. Evans, but I wasn’t able to track down on Cal-Access, but who knows with that website.

That being said, how could it truly be said that if Evans picks up 3,000 votes, that he and Swearingen are the strongest two candidates? Or the candidates that the voters of California want to see on the ballot. Not only does Top 2 disenfranchise lesser parties, in this case it could possibly disenfranchise the majority of the voters in the race between the two left-leaning parties.

Top 2 is fatally flawed. It is riddled with problems that promote the worst kind of gamesmanship and do nothing to promote democracy. Maybe somebody could dream up a more workable system, but it is a solution in search of a problem. And now it is a problem in search of a solution: the easiest being the complete repeal of Top-2 voting.

Election Day!

I VotedPrimary election will bring very limited answers

by Brian Leubitz

Voters across the state are heading to the polls today. Or, at least a few of them will head to the polls today, as we will see a high vote by mail total in addition to a low total turnout. But, there are precincts open across the state just waiting for some voters.

The big question today is just how many Dem-on-Dem races will we see in November. In the statewide races, Ashley Swearingen looks to be set for the Top2, but which Democrat will join her in the Controller general election is anybody’s guess. Former Speaker Perez has ramped up spending these past few weeks and is coming on strong. BOE Member Betty Yee had an early lead, and if the traditional voting patterns hold up, could maintain it. Tom Torlakson and Marshall Tuck look set for another round in November. And the race for #2 is getting interesting as Neel Kashkari and Tim Donnelly fight it out. The other races are a little bit less exciting.

But the Democratic Party is where the action is. While there aren’t party primaries per se, several legislative and Congressional races are being fought for the Democratic base. A few districts will likely feature a rematch in November: San Francisco Assembly and Ted Lieu’s Senate District. Others could very well land in that category: Sbranti v Glazer, Honda v Khanna, and a few others.

Propositions 41&42 look to be headed for victory, but you never really can tell until you get that first batch of vote totals after the polls close at 8. Most important of all is that we remind our friends and family to vote. This is going to be a low turnout election, every vote is that much more important.

All of the beach is belonging to Vinod Khosla

Martin's BeachBillionaire venture capitalist wants to block public from accessing Martins Beach in Half Moon Bay

If you’ve ever been to Half Moon Bay, you know just how beautiful that coast is. And you probably understand how important it is that our beaches and coastline are shared by all, especially since the voters of California created the Coastal Commission to ensure just that. Venture capitalist Vinod Khosla disagrees in a letter to legislators:

“Martin’s beach is private property, including the sandy beach and the submerged tidelands seaward of the mean high tide,”  argued lobbyists hired by Khosla in a letter to state lawmakers. “There are no existing ‘public’ lands to which access is needed.”

The techie tycoon’s hired guns were trying to convince lawmakers to vote against a bill by Sen. Jerry Hill, D-San Mateo requiring the State Lands Commission to buy the road or obtain access rights to Martins Beach, 6 miles south of Half Moon Bay. The Senate passed the bill 22 to 11 Wednesday. It will now be taken up by the Assembly. (SF Gate)

Do some googling for additional photos of the beach, it is really extraordinarily beautiful and deserves to be open to the public.

Fracking Moratorium Dies in the Senate

Moratorium was killed by moderate democrats and “jobs” talk

by Brian Leubitz

Despite the lack of actually attainable oil, the oil industry is still protecting its right to pump vast amounts of water into the ground to try to get at what little is available. In an all out press this week, the oil lobby killed the moratorium:

Sen. Holly Mitchell, D-Los Angeles, argued that her measure amounted to hitting “pause” on an oil extraction method that has raised concerns among environmentalists as it’s become more common in California and across the nation. …

Mitchell’s bill failed when four business-friendly Democrats voted against it and three more Democrats withheld their votes. Its defeat illustrates the influence big business has on moderate Democrats in the California Legislature. Some of the same lawmakers also cast swing votes in the Senate Wednesday that killed bills to limit evictions in San Francisco and require the labeling of genetically-modified foods.(SacBee CapAlert)

In a state where Democrats are increasingly ascendant, the fight ends up within the party. The state party is officially on the record supporting a moratorium, but the legislators (and the little well-heeled birdies whispering in their ears) haven’t quite gotten the memo.

San Francisco Ellis Act Reform Moves Forward

On reconsideration, bill moves out of Senate.

by Brian Leubitz

When the bill failed on its first time up, Mark Leno said he would bring his SB1439 back for reconsideration. And this time the Senate Leadership, much to their credit, rallied around the bill and pushed it forward. Senators Darrell Steinberg and Kevin de León really got behind it, and pushed previous ‘No’ votes to yes.

The vote went from 18-19 to 21-14, with Sens. Hill, Hernandez and Hueso switching their votes. However, there were a lot of caveats to get those votes, and they probably wouldn’t have switched their votes had this been the final vote. There were a couple key compromises that have been discussed, but there are a lot of details to be hashed out.

The yet-to-be-written amendments would exempt one or two small properties owned by “mom-and-pop” landlords from new Ellis Act restrictions and may also include a sunset date for the bill. (SF Gate / Melody Gutierrez)

The third amendment adds on to the first, namely restrictions on what a “mom-and-pop” landlord really is. Just because an LLC owns only one building, does not a small landlord make. Whether the amended bill will be worth supporting is still very dependent on how that small landlord exception is defined and how long it will be until the bill sunsets.

Kudos to Sen. Leno and his colleagues for moving the ball forward on a measure that nearly the entire San Francisco elected leadership supports.

Medical Marijuana and SF Ellis Act reform bills hit stumbling blocks

Senator Mark Leno Celebrating Harvey Milk's 79th BirthdayClose votes push reform down the road

by Brian Leubitz

Today is the last day to get bills out of their house of origin, and so we have a bit of controversy as a few bills got the big red X. First up, in an 18-19 vote, the Senate voted down Sen. Mark Leno’s SF-specific Ellis Act reform.

Legislative efforts to give San Francisco the ability to curtail the number of Ellis Act evictions in the city failed Wednesday night as the state Senate rejected a bill by Sen. Mark Leno after an 18-19 vote. …

SB1439 would have required a San Francisco landlord to own a building for at least five years before they could evict tenants using the Ellis Act. The 1986 state law allows property owners to evict tenants in order to get out of the rental business, but it has been used by speculators as a way to buy affordable properties, evict tenants and flip the rental for profit. (SF Gate)

This bill has caused a lot of Senators to say a lot of uninformed nothings. I shouldn’t say uninformed, as they are actually quite informed by the California Apartment Association. Exhibit A pointed out by reporter Melody Gutierrez:

“Over and over and time and time again I heard from cities and counties asking to be exempt from having to build affordable housing,” said Sen. Norma Torres, D-Pomona. “San Francisco has not done their fair share and now they are coming to us and saying because we have not provided affordable housing, we want you to pass along the cost to the small landlords.”

Not only is this factually incorrect, and it is, but it continues on from the garbage data to talking points from the CAA. You would think that the Senator would trust the information from her colleague, Senator Mark Leno. But nope, SF has built a lot of affordable housing. It is a simple matter of supply and demand. San Francisco is at “full employment” and is becoming something of a bedroom city with the tech shuttles taking SF residents to Silicon Valley.

Meanwhile from the Dept. of Short Term Thinking, the Assembly rejected Asm. Tom Ammiano’s AB1894 on medical marijuana. The bill would have created a state body to regulate medical marijuana, instead of the baffling patchwork of regulations that are in place now.

No lawmakers rose to explicitly denounce Assembly Bill 1894, by Assemblyman Tom Ammiano, D-San Francisco. Some with concerns about preserving local control said they had been persuaded that cities and counties could still pass and enforce their own rules around medicinal cannabis.

But a large bloc of lawmakers from both parties withheld votes, ensuring that the measure would go no further. The final vote was 27-30, with 22 not voting.(SacBee CapAlert)

In a perfect world this wouldn’t be necessary either. It would simply be folded into regulatory bodies that already monitor alcohol at the local,state, and federal levels. But, this is not that world, and who knows when the federal government will learn the lesson that they should have learned from the 1920s. (If not, perhaps they should watch Boardwalk Empire for a few hours.) Here in the world we live in, the state needs a more consistent regulatory regime, and Ammiano’s bill would have started that process.

Bills can be reconsidered, and Leno’s Ellis Act bill is scheduled for that process today. Expect to see a slew of stories tomorrow about bills that moved on and those that failed.

Father of Isla Vista Victim: Enough Condolences, Act!

Father wants actions, not words

by Brian Leubitz

The tragedy in Isla Vista is just a few days old, and the emotions are still very raw. But one victim’s father has some direct words for politicians calling with their condolences:

“I don’t care about your sympathy. I don’t give a s— that you feel sorry for me,” Richard Martinez said during an extensive interview, his face flushed as tears rolled down. “Get to work and do something. I’ll tell the president the same thing if he calls me. Getting a call from a politician doesn’t impress me.”

Saying that “we are all to blame” for the death of his 20-year-old son, Martinez urged the public to join him in demanding “immediate action” from members of Congress and President Obama to curb gun violence by passing stricter gun-control laws.

“Today, I’m going to ask every person I can find to send a postcard to every politician they can think of with three words on it: ‘Not one more,’ ” he said Tuesday. “People are looking for something to do. I’m asking people to stand up for something. Enough is enough.” (Washington Post / Kimberly Kindy)

The retort from the NRA, if they had deigned to comment about yet another gun-powered rampage, is the tried and true “guns don’t kill people…”. But the fact remains that while there was a dangerously sick person behind this crime, guns made it far more lethal. Cliff Shecter has a great story up on the Daily Beast about this twisted line of thinking:

Cars also have a purpose other than killing. As do knives. And although, tragically, three young men were killed after being stabbed by the killer in Santa Barbara, perhaps the clearest comparison between gun violence and knife violence is provided by looking at the attack that occurred at a Chinese school in Henen Province the very same day as the Newtown Massacre. Twenty-three students were attacked in Henen and none died-as opposed to 20 murdered at Sandy Hook Elementary. Or how about the 22 injured in a knife attack at a school in Pittsburgh this past April? Nobody died there, either.

Read both stories quoted above, they are worth a few minutes to digest. How many more children must die for the NRA to be satisfied that we need real gun control? We can certainly do a better job treating mental illness, though I haven’t seen the NRA-backed politicians really rallying for that cause, but we will never truly reach everybody who needs help. However, we can make it harder to attain the guns and ammunition that turn an incident into a nationwide tragedy.