All posts by Roger Straw

Editor, owner, publisher of The Benicia Independent

Should Trump be impeached? Here’s what Bay Area members of Congress say

SF Chronicle: What each of our Representatives and Senators have to say about impeachment

Tal Kopan May 2, 2019
House Speaker Nancy Pelosi, D-San Francisco, speaks at the Economic Club of Washington in March. Photo: Manuel Balce Ceneta / Associated Press

WASHINGTON — With the release of special counsel Robert Mueller’s report on Russian interference in the 2016 election, the question is before lawmakers: What will they do next?

Democrats are split over whether to move to impeachment proceedings against President Trump in the House, the only chamber of Congress they control. With Republicans opposed to impeachment and in control of the Senate, such an effort would largely be for the purpose of uncovering information that could be damaging to Trump, either politically or in the congressional proceedings.

Here’s where members of the Bay Area delegation — many of whom sit on committees where articles of impeachment would be considered or where investigations would be conducted — stand on whether to try to remove Trump from office.

The speaker is the member with perhaps the most important vote on the matter, as she will likely decide whether the House will proceed to impeachment. She has largely steered her members away from it, saying before the Mueller report’s release that Trump was “just not worth” the consequences of impeachment and telling fellow Democrats after the special counsel’s redacted findings were made public that congressional investigations would come first. “I hate to disappoint some of you, but I’m not struggling with this decision,” she told her caucus.

That approach hasn’t changed. “We’re hyper-focused on transparency and continuing our investigations,” an aide said in a statement, “because the special counsel’s report raises more serious questions about Trump’s relationship with the Russians and (Russian President Vladimir) Putin, the administration’s efforts to protect our elections, especially given the purging of key staffers at the Department of Homeland Security, and the effect of Trump’s abuses of power on other areas we think people care about, like the administration’s efforts to sabotage Americans’ health care.”

Rep. Mark DeSaulnier, D-Concord:

“As a matter of principle, I support impeachment and I also believe we need to proceed with the congressional investigations currently under way to get to the truth for the American people,” DeSaulnier said in a statement. “During Watergate, it was congressional hearings that led to the resignation of an unethical president.”

Rep. Anna Eshoo, D-Palo Alto:

Rep. Anna Eshoo. D-Palo Alto, in November 2013. Photo: Stephen Lam / Special to The Chronicle

“As a member of Congress, I must be provided an unredacted copy of the special counsel’s report and all underlying documents in order to make a decision as to whether the House moves to impeach the president, or whether it’s done the old-fashioned American way — impeachment at the ballot box next year,” Eshoo said in a statement.

Rep. Jared Huffman, D-San Rafael:

“We should follow the facts,” Huffman told MSNBC. “We should do this full-throated investigation. We should read the Constitution and remember that our founders anticipated a moment like this and they put the constitutional remedy of impeachment in the Congress for a reason. We can’t just punt that. There is a real downside to that.”

Rep. Ro Khanna, D-Fremont:

“This is not a moment to rush to judgment,” Khanna said in a statement. “Rather, this is a time to be deliberate and methodical in our approach, and gather all the facts before making a determination on articles of impeachment. We need further investigations, public hearings, and potentially contempt proceedings to promote political accountability. Yet again, Speaker Nancy Pelosi has shown outstanding judgment and wisdom in her approach for our caucus.”

Rep. Barbara Lee, D-Oakland:

“Congresswoman Lee believes Trump must be held accountable, strongly supports congressional investigations into the president and his administration’s actions, and believes that impeachment must not be taken off the table,” Lee’s office said in a statement.

Rep. Zoe Lofgren, D-San Jose: “Impeachment is not just a legal issue, it’s also a political issue,” Lofgren said in an interview on KCBS-AM. She noted that the public largely supported the impeachment of President Richard Nixon by the time he resigned 1974, in contrast to widespread opposition to the impeachment of President Bill Clinton in 1998.

“I don’t know what the Congress and the public will think when we finish the entire review of this,” Lofgren continued. “I think it’s a mistake to try and jump to a conclusion. We’ve got to go in a boring, orderly, thorough fashion and see where we are. When you’re doing impeachment, you’re undoing an election, which is a pretty serious matter, and you don’t do that unless there’s really no choice.”

Rep. Jackie Speier, D-San Mateo:

Rep. Jackie Speier, D-San Mateo, in New York on Oct. 15. Photo: Mark Lennihan / Associated Press

“Clearly the Mueller report was meant to inform Congress’ drafting of articles of impeachment,” Speier said in a statement. “That is why the House must conduct its oversight duty and investigate the damning evidence uncovered by the report and any other evidence of crimes and corruption. Because it’s not just the Senate that wields the power of impeachment, it’s the American public. And the public needs and deserves unvarnished access to the Mueller report, and any other evidence of high crimes and misdemeanors, so that they can ‘impeach’ the president in 2020 should the Senate fail to act.”

Rep. Eric Swalwell, D-Dublin:

“We’re certainly having a conversation about how we hold this president accountable,” Swalwell said on ABC News’ “The Investigation” podcast. “I wouldn’t say impeachment is off the table.”

Rep. Mike Thompson, D-St. Helena:

“The findings presented in Special Counsel Mueller’s report are serious,” Thompson said in a statement. “Congress will continue with our investigations to ensure our constituents get the truth. Nothing is off the table. At the same time, Congress will continue with our responsibility to pass legislation that helps our constituents and our country — we can do both at the same time.”

If the House did vote to impeach Trump, he would be tried in the Senate. Here’s what California’s senators have to say about the possibility of impeachment:

Democratic Sen. Dianne Feinstein:

“The Mueller report certainly raises serious issues that Congress needs to investigate,” Feinstein said in a statement. “Whether impeachment proceedings should occur can be decided once that process is under way and we’ve learned more. And of course any decision on whether to bring impeachment charges would be made by the House.”

Democratic Sen. Kamala Harris:

“I think we have very good reason to believe that there is an investigation that has been conducted which has produced evidence that tells us that this president and his administration engaged in obstruction of justice,” Harris said on a CNN town hall last month. “I believe Congress should take the steps towards impeachment.”

Tal Kopan is The San Francisco Chronicle’s Washington correspondent. 

Report: How SF Bay communities should combat sea-level rise

[Editor: Download the Adaptation Atlas  here.  There is also a 2-pg. “Highlight Bullets” and an Adaptation Atlas Interactive website. For more details about this project, visit sfei.org/adaptationatlas. To participate in a report launch webinar being held on May 2 at 2:00 PM PDT, please visit http://bit.ly/adaptationatlaswebinar.  – R.S.]

Blueprint to battle Bay Area sea-level rise focuses on natural solutions

By Peter Fimrite, May 2, 2019 
The Oro Loma marshland along the Heron Bay Trail in Hayward is part of San Francisco bay’s 400 miles of shoreline. Photo: Jessica Christian / The Chronicle

A blueprint outlining how San Francisco Bay communities should combat sea-level rise was released early Thursday by ecosystem scientists and urban planners who envision a ring of man-made reefs, rocky beaches and graded marshlands around the largest estuary on the Pacific coast.

The carefully designed features, outlined in the 255-page San Francisco Bay Shoreline Adaptation Atlas, would in many cases replace or bury seawalls, rip rap, culverts and other crude fortifications that experts say won’t hold up as the climate warms and water rises.

The idea, developed over the past two years by the San Francisco Estuary Institute and SPUR, a San Francisco urban planning research center, is to build eco-friendly features that support wildlife and absorb, rather than repel, the rising tides.

The report comes at a critical time: The U.S. Geological Survey recently calculated that property damage from sea level rise in the Bay Area could exceed $100 billion by the end of the century if nothing is done to stop carbon dioxide emissions. The Union of Concerned Scientists said 4,100 homes in San Mateo County and nearly 4,400 in Marin County could be underwater by 2045.

A duck and ducklings swim along a waterway inside the Oro Loma marshland along the Heron Bay Trail in Hayward, Calif., Wednesday, May 1, 2019. Photo: Jessica Christian / The Chronicle

The causes of climate change need to be addressed, but at the same time, scientists and planners need to brace for the fallout, experts say. Climate scientists say the sea level at the mouth of San Francisco Bay has risen almost 8 inches over the past century.

“The Bay Area is ground zero for sea-level rise,” said Warner Chabot, executive director of the Estuary Institute, who predicted the atlas would become a national model. “We have a trifecta threat of sea level rise, groundwater rising and lowland flooding from extreme weather patterns, and that guarantees a soupy shoreline future for the Bay Area.”

The plan, funded by the San Francisco Bay Regional Water Quality Control Board, is the first attempt in the Bay Area to develop a collaborative regional plan to both enhance the ecosystem and protect cities around the bay from the potential ravages of climate change.

The report was put together over the past two years in collaboration with scientists, planners and policymakers across the region. It provides graphics, explanations of ecological science and a framework for all nine Bay Area counties to build nature-like shorelines that would protect their communities.

San Francisco Bay has 400 miles of shoreline, including airports, landfills, marinas, wetlands, beaches, ports and residential neighborhoods.

The researchers divided the shoreline into 30 separate “operational landscape units” based on shoreline geology, terrain and infrastructure. They developed strategies for each section, including projects to re-route creeks into wetland areas, place shell structures offshore, use sediment to bolster shoreline elevations and create beaches to replace rip rap, the concrete or stone rubble placed along banks to prevent erosion.

The study incorporates in its recommendations restoration projects that are under way, like one at Giant Marsh in North Richmond. The California State Coastal Conservancy is installing 350 reef structures there, planting eel grass and connecting the wetlands to upland habitat. The goal is to create a sloping tidal system that starts in the water with oyster shell mounds that reduce wave action, then shifts into eel grass in the sub-tidal area and eventually marshland that slows down storm surges.

Marilyn Latta of the State Coastal Conservancy holds a miniature version of a reef structure, a living shoreline element that acts as a home for oysters and to combat sea level rise, placed off the Point Pinole shoreline in Richmond. Photo: Jessica Christian / The Chronicle
Oyster blocks placed by the State Coastal Conservancy as a living shoreline element designed to act as a home for native oysters and combat sea level rise are seen in the water off the Point Pinole shoreline in Richmond, Calif. Wednesday, May 1, 2019. Photo: Jessica Christian / The Chronicle

Wetlands restoration has been going on for years in the former salt ponds in the South Bay and along Highway 37 in the North Bay, buffer zones that the atlas recommends expanding. The report recommends building a Highway 37 bridge or causeway so that tidewater can better migrate into the restored wetlands.

At least 18,000 acres of potential wetlands in the Bay Area have been acquired and are slated for restoration. The goal is to eventually restore 100,000 acres of bay marsh, much of it in the Napa and Suisun areas, along the Petaluma River and in the South Bay.

Another idea in the report is to reroute Santa Clara County’s Calabazas Creek, which was diverted long ago, so that it flows into restored wetlands that need the sediment from the creek to grow. The wetlands near Calabazas are among 16,000 acres of former salt ponds in the South Bay that were cut off from the bay by earthen berms and dikes.

Alameda Creek, Novato Creek and many other waterways in the Bay Area should also be realigned to help build up the marshes, said Julie Beagle, deputy director of the institute’s resilient landscape program and lead author of the study.

“We can use the sediment that comes out of our hills,” Beagle said. “We have to think of our sediment as a resource.”

Scientist Amy Richey, with the San Francisco Estuary Institute, views a defensive shoreline on the Heron Bay Trail in Hayward. Photo: Jessica Christian / The Chronicle

The authors collaborated with the California Department of Transportation, the Sonoma Land Trust and several cities in Marin and Sonoma counties to identify places along Highway 37 and near Petaluma, Napa and Sonoma creeks where new wetlands could be created.

The East Bay also is a critical area, according to the report’s authors. One example of a successful strategy, they said, is the horizontal levee built near a wastewater facility by the Oro Loma Sanitary District in Hayward. The levee uses vegetation planted on a slope that covers a vertical wall previously used to break waves. This setup allows the district to protect the facility and filter-treated wastewater through the ground instead of dumping it in the bay.

Beagle said she would like to see the beaches that once existed from Point Richmond to the Bay Bridge restored. Instead, the Highway 80 corridor is now protected mostly by rip rap, which she said speeds up erosion by essentially increasing the power of the waves that smack into the rock.

“There’s no reason in my mind that it can’t be a beach,” she said. “There is a huge amount of mudflats and shallow water, pocket beaches and small marshes. This is a place where different types of beaches would fit. You could even cover the rip rap with sand or a coarser, more porous material that would soften the wave action.”

Other strategies would have to be used for areas with less room for restoration, like Foster City, which is protected by seawalls. One solution would be to engineer shell beaches or jetties that would knock down the waves and create green infrastructure to work in coordination with the wall.

And, Beagle said, there is no way around the decrepit seawall in San Francisco, which is all that keeps the bay from reclaiming inland blocks built on landfill, including portions of the Financial District. Still, she said, it can be rebuilt as a green seawall, with pockets and textures that promote the growth of submerged aquatic vegetation, invertebrates, small mammals and fish.

The report does not address how much money would be needed — or where it would come from — to complete the projects outlined in the report. Up to $100 billion will be needed over the next 20 years just to rebuild the Bay Area’s aging shoreline infrastructure, according to recent estimates.

“We only have a few years to get a lot of these projects going because natural solutions take time to evolve,” Beagle said. “We need to get moving.”

Peter Fimrite is a San Francisco Chronicle staff writer.

Steve Young: Benicia City Council to consider re-writing cannabis rules on May 7

[Editor: Attend City Council on May 7 if at all possible.  This is an issue of fairness and could affect Benicia’s economic viability and reputation.  If you can’t attend, check out How to write to Council and staff.  – R.S.]

By Steve Young, Benicia City Council member
Steve Young, Benicia City Council

On May 7, the City Council will consider a proposal by Councilman Largaespada to expand the buffer zones around cannabis dispensaries. The proposed changes would, if adopted, add buffer zones around any day care center (or places where kids congregate), park, or any residential zone.  If adopted by the Council, the practical effect would be to eliminate virtually all retail locations in the City.

Cannabis issues have been on the ballot twice recently. In 2016, Benicians voted 63% in favor of Prop. 64 which legalized personal use of cannabis by adults. In 2018, Benicians voted 68% in favor of letting the Council impose excise taxes on cannabis businesses (which we did last December). The current rules, adopted by the previous Council after more than 18 hearings and dozens of hours of testimony, limited cannabis dispensaries to just a few commercial areas in the City. The Council eliminated First Street and all of downtown, as well as all of the Southhampton shopping center. We also limited the number of dispensaries to just two.

When we finally opened up the application process last fall, we had 9 applicants for these two possible permits. Applicants were required to pay the City $20,000 each for processing their application, including for a Public Safety License to be issued by the Police Department after significant vetting of the applicants. In addition, the applicants were required to show some form of site control. This required them to rent or lease, or obtain an option to lease,  commercial space at significant costs while waiting for the City to finally recommend which applicants were recommended to move forward to the Planning Commission to apply for a Conditional Use Permit (CUP). (Some applicants have reported absorbing over $100,000 in costs each.)

In my opinion, regardless of how you feel about cannabis, it is fundamentally unfair to treat these businesses in this manner.  They have followed all the rules set forth by the City in August,  paid substantial fees to the City and even more to rent vacant space, and have waited over 9 months for the City to act on their applications.  It is simply not fair or equitable, at this late date,  to have the City change the rules in the middle of the game.

If you are interested in this topic, please attend the Council meeting on May 7 or let the Council know about your opinions.

California’s conservative Democrat legislators not protecting air quality

Repost from CALmatters

When oil industry supports legislators, air quality suffers

By By Kathryn Phillips, April 22, 2019

When oil industry supports legislators, air quality suffers

California journalists have reported over the last two election cycles on the effort by the Legislature’s “moderate caucus,” composed of conservative Democratic state legislators, to increase the caucus’ influence

The caucus’ power, according to those reports, is rooted deeply in the oil industry and its generous campaign donations to the caucus and its members.

During normal times—say, when the planet’s very future hasn’t depended on dramatically cutting combustion fueled by oil and methane gas—such facts would be just interesting data points for analyzing the Legislature’s political dynamics.

Now, though, the caucus members’ devotion to maintaining California’s oil dependence is having health-threatening consequences.

This devotion is especially playing out in the Assembly Transportation Committee. The committee is chaired by Jim Frazier, a Democrat from Discovery Bay, a leader of the moderate caucus.

California’s notorious air and climate pollution is driven by transportation. The smog and toxic particles that spark maladies ranging from low birthweight to asthma and heart disease are tightly linked to tailpipe emissions.

Reams of data, scientific papers and regulatory agency reports point to the need to transition California’s cars and trucks to zero-emission vehicles if the state is to ever have clean air or avoid the worst effects of climate change.

So one would expect to see growing devotion by the Democratic-led California Legislature to do more to help Californians access electric cars and cut pollution from delivery trucks.

Instead, the California Assembly is the graveyard for legislation designed to help advance zero-emission vehicles.

Assembly Transportation Committee Chairman Frazier has a commanding, no-nonsense, take-no-prisoners style of governing. He has demonstrated that style by stopping bills to advance clean transportation by refusing to schedule them for a hearing in his committee.

One of the most recent victims is Assembly Bill 40, which would require the regulatory agency responsible for tailpipe emissions regulations, the California Air Resources Board, to produce and deliver to the legislature a strategy for fully transitioning brand new cars sold in California to zero-emission by 2040.

That is, the bill by San Francisco Democratic Assemblyman Phil Ting would have asked for a study to be done and sent to the Legislature. It did nothing more. Yet it’s a bill the oil and gas industry and the California Chamber of Commerce strongly oppose. The bill isn’t being scheduled for a hearing.

There are a few bills in the Senate that advance clean transportation that may pass in that house. But they are sure to face the buzzsaw in the Assembly once they reach Frazier’s committee.

How can a single legislator stop progress in advancing technology and cutting pollution?

He can do this by not acting alone. The Assembly Transportation Committee includes at least four other moderate caucus members who won’t buck the chairman, and whose votes, when counted with the handful of Republicans on the committee, can stop any bill.

In essence, the committee is stacked against zero-emission technology.

Frazier isn’t the only pro-oil Democrat sitting in a leadership role this year. Rudy Salas, Jr., a Democrat from Bakersfield, is chairman of the Joint Legislative Audit Committee. His first action was to try to get an expansive and expensive audit of the air resources board’s work on transportation.

It wouldn’t take a rocket scientist to see that Salas’s audit request, which failed to garner the votes needed, echoed the complaints commonly heard from the oil and gas industry about the air resources board’s transportation policies.

Who pays campaign costs has consequences. In the California Legislature, the consequences are that we all live with more health-threatening transportation pollution with no end in sight.


Kathryn Phillips is director of Sierra Club California, the legislative and regulatory advocacy arm of the Sierra Club’s 13 local chapters. She wrote this commentary for CALmatters.