Blog: Measure A: Life Lessons From My Monthlong Journey

Measure A is the most important local ballot measure to me and my neighbors.  Ever. We want power, but we don't want a power plant in our backyard if the State says we can get power elsewhere. We don't like AES, but we don't like the idea of lawsuits. We basically want a balance between commercial business and quality of life.  

For the past month, I have spent most of my waking hours studying Measure A, researching U.S. Supreme Court zoning decisions, talking to land use lawyers, talking to experienced property developers, and asking challenging questions. I have also participated in an exchange of ideas in public meetings, conference calls, and online forums. I want to share the most interesting things I have learned in my month-long sojourn.

Measure A Upzones AES Land and Makes It More Valuable.

The story of AES Redondo Beach is most interesting. It bought a 30-year old power plant in 1998, with a conditional use permit to make power only until 2018. In 1999 it bought 22-acres on which big stinky oil tanks sat, for $6 million. So it owns 50 acres now. AES will make a boatload of money if and when it sells or develops that land.

What most of my neighbors and I did not not know is that AES land was zoned "industrial" when AES bought it, and it is now zoned "industrial" and "park." That land was never zoned "commercial." That is important to know, because Measure A actually upzones up to 20 acres of that land as valuable "commercial" land if and only if the state of California says AES must tear down its power plant in the next decade. Measure A is a going-away gift to AES that makes much of its land more valuable than it ever was. Of course, AES wants even more value. That's what Fortune 200 companies do. They maximize sharholder value by any means necessary, including $500,000 PR campaigns and threats of lawsuits.

AES Has No Legal Case (And Will pay the City Its Attorneys' Fees if it Tries to Sue).

After talking with land-use attorneys and doing dozens of hours of legal research  I have concluded with reasonable certainty that "the Emporer Has No Clothes."  AES and its VP Eric Pendergraft pushed this lawsuit fear button early and often. Then came the same legal nonsense from those legal giants of "No on Measure A". The truth is, when I or anyone else challenges these self-styled "legal experts" with real legal cases and real questions from real lawyers, they just slink away quietly and re-post the same nonsense on a new blog post. All fear, no facts. "No on Measure A" Facebook page even bans legal questions and legal case citations.  Not patriotic. Not neighborly. Not to be trusted.

Here is what expert land use attorneys say about Measure A, plain and simple: Measure A is well-balanced to protect commercial and quality of life issues, based on public input and success stories from other coastal cities. Chances are, AES would never, ever sue the City. If AES were foolish enough to sue after Measure A passes, the City Attorneys' Office would file a counter-lawsuit under the "anti-SLAPP" laws of California Code of Civil Procedure Section 425.16. Not only would the City of Redondo Beach successfully get the case dismissed in a matter of months, but the City would also have a high probability of getting a court order requiring AES to pay the City's attorneys' fees. Go here for general information on anti-SLAPP lawsuits: casp.net.

I agree with that analysis. Unlike AES and its paid consultants and astroturf fake "citizen's groups," I have cited dozens of U.S. Supreme Court cases, state cases, and federal cases to support my conclusions. Supporters of the AES power plant cite absolutely no authority. None. 

I have invited AES supporters to bring any lawyer in the land to email me or visit my office for a cordial, tape-recorded conversation on legal cases that may support AES threats. All I hear in response is........{crickets}..............I am still waiting to hear from a single lawyer anywhere in the United States to tell me why the land use experts and California Coastal Commission experts who blessed Measure A are wrong. No reputable lawyer will risk his or her reputation to oppose Measure A. So the AES power plant hires retired fire chiefs. Meanwhile, I have no fear of voting for Measure A.

The Local Press is Asleep At the Wheel.

I have been waiting for the local press to ask challenging questions of Measure A supporters and Measure A opponents. Still waiting. The local press simply asks the questions, prints the quotes, and leaves it at that. No follow-up questions. For example, when AES VP Eric Pendergraft says, "Measure A will take 70 percent of the value of our land," the press simply reports that. No journalist asks the follow-up questions like: "Well, sir, can you explain how you arrive at that conclusion?" Or, "Can you explain why the voters of Redondo Beach should trust you, Mr. Pendergraft, when you were recorded on tape in 2002 conspiring to illegally keep an AES power plant offline in order to extend power blackouts and cost citizens tens of millions of dollars in artificially high rates?" Pendergraft's fraud was reported in the L.A. Times.

In the absence of a vigorous local press, it is up to neighbors to be vigilant in researching and sharing information on matters of public importance. I trust my neighbors. I do not trust elected officials, and underfunded local press, and paid corporate and media spokesperson.

Democracy is Messy.

The first thing I learned is: "Don't trust elected officials"—not even the local City Council and Mayor. I had already known that Congress has a 9 percent approval rating, lower than cockroaches, head lice, and replacement NFL referees. Yet, deep down, I expected more from local elected folks because they are our neighbors. Nope. Wrong. On the big money issues, politics is about power and money. If you want to understand the policy, read the law for yourself and follow the money. Then talk to experts in the field. Then make your own conclusions after asking your trusted friends and neighbors for their views.

The second thing I learned: Recycle the mailers from paid corporate interests. These are prepared by media relations experts who know how to push your fear buttons, over and over. These mailers do make really good composting material for your worm bins, so don't let them go to waste.    

Better to Listen to Neighbors Than Impose Political Opinions On Them.

One of Mallen Mediation's rules of successful mediations is: "Seek to understand before you seek to be understood." One of David Mallen's rules is: "Avoid talking politics with neighbors whenever possible. If you can't avoid it, try to ask more questions and offer less answer."

Following my own rules is not as easy as it sounds, especially when posting on Facebook and multiple on-line forums.

In my discussions, I have decided to draw clear lines of engagement between friends and neighbors, on the one hand, and paid political lobbyists and media consultants on the other hand.  Neighbors are entitled to the utmost courtesy.  When I hear something that makes no sense or sounds offensive, I try to ask simple follow-up questions to neighbors like: "Tell me more," or "Why do you feel that way?" or "Help me understand." Neighbors will talk. Zealots will squalk, and then zealots will call you a bully when you disagree. Let's face it. Some of our neighbors are zealots. No matter what you say, it does not matter to them. So, sometimes it is best to agree to disagree and move on.

Paid corporate spokespeople, dishonest elected officials, and paid media relations experts, offer no civility and courtesy. They are not our neighbors. They care not about us or our children. They poison discussion and poison democracy. In my book, they deserve no civility and no courtesy. They, and the local politicans who pal around with the corporate entities that threaten to sue and bankrupt our city, should be called out in the strongest possible terms, for the good of democracy and for the good of our community. They are accustomed to it, and when Measure A is over after March 5 they will slink along to the next corporate paycheck to stir up the next political controversy.

The Rewards of Volunteer Work

The best part of my journey has been meeting so many new residents from all walks of life. I never imagined how much energy these ordinary people expend, every day, to help all of us neighbors. My family is grateful.

Our neighbors are like family, and my wife and I would like to retire in Redondo Beach some day. 

This City and its residents are worth the fight. Democracy is worth the fight.