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Political football season

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› sarah@sfbg.com

With Mayor Gavin Newsom predicting a big budget deficit and seven Board of Supervisors seats up for grabs, everyone knew 2008 would be acrimonious.

But few suspected the war between Newsom and the supervisors would get so nasty so soon, even before the lunar Year of the Rat had officially dawned. The most telling development was the swift and nasty retaliation board president Aaron Peskin endured after he requested that Newsom return the $750,000 the mayor siphoned from the San Francisco Municipal Transportation Agency to pay the salaries of seven mayoral aides.

At the Jan. 29 Board of Supervisors meeting, Peskin publicly called for "an end to the budget shell game that has resulted in monies being shifted from Muni and other city departments to fund political employees who do not work for or directly improve services for the departments paying for their positions." Newsom’s predecessor, Willie Brown, was the master of such budget games, but Peskin said, "There are those who defend this shell game by saying it is a long-standing practice here at City Hall. That may be true. But it doesn’t make it right."

Peskin’s demands came at a horribly awkward moment for Newsom: two months earlier the newly reelected mayor announced an immediate hiring freeze and across-the-board cuts to city departments, citing a projected $229 million budget deficit in fiscal year 2008–09. His administration blamed this looming deficit in part on the creation of 700 new city positions, including 100 new police officers and 200 public health nurses, plus pay raises for nurses, firefighters, and police officers.

Also blamed were a projected windfall loss of property transfer taxes and a bunch of voter-approved spending requirements, including the November 2007 voter-approved and Peskin-authored Proposition A, which transfers $26 million more annually from the city’s General Fund to the MTA.

Newsom press secretary Nathan Ballard defended the use of MTA funds to pay mayoral staff salaries, claiming that all but one of the positions have a direct relationship to the work of the MTA, including the new director of climate change initiatives, Wade Crowfoot. "I know it’s not pretty, but it is an efficient way of getting city business done. We are following the letter and the spirit of the law," Ballard reportedly told the San Francisco Chronicle.

But within a week the mayor’s point person on transportation, Stuart Sunshine, announced he’ll be leaving City Hall in February, while the Mayor’s Office scrambled to explain why Brian Purchia, who developed Newsom’s reelection campaign Web site last year and who last month started working in Newsom’s press office for $85,000 per year, was hired as an MTA employee.

"The MTA has not and will not be paying any part of his salary," Ballard responded by e-mail Jan. 24 to a Guardian inquiry. "As of January 28, Purchia will be on a Mayor’s office requisition." Ballard also blasted Peskin in the Chronicle and the San Francisco Examiner, using incendiary language normally reserved for political campaigns and rarely employed by city employees talking about the president of the Board of Supervisors.

Retaliation for Peskin’s publicly announced MTA refund request has also included two splashy Chronicle hit pieces attacking Peskin and the board that ran on the front page, above the fold, on two consecutive days. One includes a photo of Peskin alongside extracts from a five-month-old letter that was possibly leaked by the Mayor’s Office (the confidential letter was copied to Newsom chief of staff Phil Ginsburg) in which Port of San Francisco director Monique Moyer alleges that Peskin made bullying late-night phone calls last August, when the Port was trying to get a measure passed to increase building heights along the Embarcadero — a land-use issue that was resolved last year.

But Peskin isn’t the only elected official to get his wrists slapped by the mayor in recent weeks.

In mid-January, Newsom upbraided San Francisco’s entire delegation in Sacramento for lending their support to the board-approved affordable-housing City Charter amendment, which will be on the November ballot and seeks to set aside $33 million annually in affordable-housing funds for the next 15 years.

As Sens. Carole Migden and Leland Yee and Assemblymembers Fiona Ma and Mark Leno noted in a Jan. 7 letter to Peskin, local voters have not approved a renewal of the 1996 housing bond, and the board’s proposed amendment builds on prior successful ballot measures to fund libraries, parks, and children’s programs, which have been successfully implemented without significant budget impacts.

But Newsom wrote the delegation Jan. 11 to express his "disappointment."

"I cannot support the Charter Amendment, because it has significant implications for the future fiscal health of our City and the backbone of our public health care system — San Francisco General Hospital," Newsom claimed, noting that the General Hospital bond is also on the November ballot. Then again, Newsom is also backing a Lennar Corp.–financed measure that would approve the building of 10,000 housing units at Candlestick Point but wouldn’t guarantee affordability levels (see "Signature Measures," page 10).

Meanwhile, fearing that Newsom is seeking to exert excessive control over several key commissions, the Board of Supervisors’ progressive majority is seeking to ensure that the seven members of the MTA board are elected officials beginning November 2009 and to divide the power to nominate members of the San Francisco Public Utilities Commission between the supervisors and the mayor.

These moves are coming at a time when Newsom has decided to replace three members of the MTA board who had alternative-transportation credibility but whose loyalty he apparently questioned: San Francisco Bicycle Coalition executive director Leah Shahum, Peter Mezey, and Wil Din. To fill those slots, Newsom appointed disabled-rights activist Bruce Oka, attorney Malcolm Heinicke (both of whom served on the Taxi Commission, which Newsom hopes to merge into the MTA this year), and Jerry Lee, a member of the Transportation Authority’s Citizen Advisory Committee.

But the Board of Supervisors can block the mayor’s MTA picks — and that showdown looks likely, in light of Newsom’s alleged misuse of MTA funds and his refusal to heed Peskin’s call for a mayoral representative to appear before the board to explain Newsom’s vision for the MTA.

Meanwhile, Sup. Jake McGoldrick told the Guardian he introduced a Charter amendment to make the MTA board seats elected positions. He argues that Prop. A not only increased the MTA’s budget but also reduced the board’s MTA oversight, so the body now needs to be more answerable to San Franciscans.

"It’s about not having accountability at the legislative branch," McGoldrick said. "The MTA ridership and residents need to have a way to voice their concerns."

McGoldrick said the mayor’s early removal of MTA members and his raid on MTA funds are troubling.

"Their removal reinforces what’s going on, how the MTA is viewed as a milking machine for the Mayor’s Office," McGoldrick said, noting that he asked for a budget analyst’s report on the MTA several weeks ago to keep the discussion objective and that he also asked for an accounting of the 1,600 to 1,700 jobs that Newsom declared frozen last fall. That report should be available at any time.

"I wanted to see which jobs were frozen and which were defrosted," McGoldrick said, "but I didn’t want it to become a political football."

However, with battles between the board and the mayor likely to get even intenser during the coming budget and election seasons, it’s starting to look like 2008 could be one long political football season.

Climate change teach-in

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› news@sfbg.com

GREEN CITY For Van Jones, going green is not just about buying a Prius, putting a solar panel on a vacation home, or purchasing groceries at Whole Foods, which he calls Whole Paycheck. It’s also about training former gangsters in green-collar jobs, equitably distributing toxic waste sites, and bringing organic produce into urban ghettos.

According to the Oakland activist, who cofounded the Ella Baker Center for Human Rights (see "Redefining Radicalism," 9/19/06), there is a serious social injustice on the horizon, and the fight against it may just be the next great political movement in the United States.

Speaking Jan. 30 at San Francisco State University’s teach-in on climate change, Jones called on students to be the next great generation by recognizing that the environmental crisis presents the biggest opportunity for poor people and minorities since the New Deal. Today it seems such grandiose statements calling an entire generation to action tend to lack an inspired audience. However, no one could deny Jones was onto something big after the packed crowd in Jack Adams Hall erupted in an ovation after his challenge to students to make history by addressing poverty and the environment together.

Green pathways out of poverty was just one topic discussed during the SFSU segment of "Focus the Nation" — billed as the nation’s largest-ever teach-in, with more than 1,500 schools and universities participating. The nationally coordinated event aimed to create one day of focused discussion on global warming solutions for the US. Throughout the day expert panels at SFSU discussed green efforts in their respective fields with an underlying message of public involvement.

Keynote speaker Michael Glantz of the National Center for Atmospheric Research jumped on the generational bandwagon, predicting the 21st century would be remembered as the climate century. However, Glantz stressed public pressure would be crucial, as lessons learned about the environment are generally not used during policy making. He cited detailed studies conducted in the early 1970s of melting arctic sea ice due to anthropogenic causes.

When asked how he would reply to arguments that humans aren’t causing climate change, Glantz noted the success of the environmental movement in marginalizing these beliefs: "I don’t think we need to spend time now dealing with the skeptics when Exxon and Shell are worried about global warming."

Faculty from the SFSU geography and geosciences departments presented new trends in climate change data and modeling, focusing on predictions for California. The panel reported the state’s average temperature is on the rise. Even with the best estimates for halting global warming, the Sierra Mountains are expected to lose 40 percent of their snowpack over the next 100 years. Agricultural production and quality in the Central Valley are also expected to decline, as some plants will not get the chill period they need.

Geography professor Andrew Oliphant worked with students to create a carbon footprint calculator for attendees to use throughout the day. Oliphant said the calculator was tailor-made specifically for the event so attendees could analyze their daily habits.

Students were also present throughout the event to answer questions on an informative poster display. The posters depicted breakdowns of greenhouse gases, rising sea levels in the Bay Area, and the formation of acid rain.

Erin Rodgers, an environmental advocate with the California Union of Concerned Scientists, discussed green policies at the state level. Rodgers focused on California’s groundbreaking initiative to reduce greenhouse gas emissions to 1990 levels by 2020, a cut of about 30 percent from current levels.

Experts have established detailed plans on how to reach the target reduction, with a large focus on transportation, although the California Air Resources Board has yet to embrace a comprehensive plan that will get anywhere close to the goals it is charged with meeting.

Cal Broomhead, climate programs manager at the San Francisco Department of the Environment, spoke on local green efforts. He praised the city for keeping the same levels of greenhouse gas emissions since 1990 and its continued use of the "Fab 3" composting and recycling program.

Broomhead also stressed the importance of furthering environmental education efforts: "Through education we can get people to adopt pro-green technologies and behaviors. Once you have the last remaining stragglers, then you can require them to participate through law."

Comments, ideas, and submissions for Green City, the Guardian‘s weekly environmental column, can be sent to news@sfbg.com.

Hey, hey. hey

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› andrea@altsexcolumn.com

Dear Andrea:

I’m getting superfrustrated. I don’t have the highest sex drive, but it is there. However, I can’t understand why my brain and my body tell me I want to do something that inevitably makes me uncomfortable and unhappy. Even with lube, sex leaves me sore for hours. I try to just give my boyfriend blow jobs so I can avoid having to have sex. I’m 21 and have been sexually active for about three years, and I just always figured everything would get better.

And it’s not just intercourse. I can’t even get satisfaction from oral sex or masturbating. It feels good, but then, instead of feeling really good, like you’d expect an orgasm to feel, suddenly the pleasure just kind of floats away. If that’s an orgasm, it freaking sucks. It is unpleasant. What is wrong with me?

Love,

Can’t Get Me No

Dear No:

Well, you’re feeling unsatisfied because you are unsatisfied, but I don’t suppose that observation will be much use to you. I believe that your sex drive is still hanging in there because you’re a normal, healthy girl, albeit one who apparently has some issues (we call them issues when we don’t know what else to call them) about sex. In fact, I’m not even sure you have issues. I think maybe you’ve just had some pretty disappointing sex, and now you’re so expecting it to be disappointing that you’re just kind of jumping straight to the disappointment part and saving yourself some time.

I hate to punt this over to the usual suspects, but I think I have to: there are books — lots of them — on learning to masturbate and becoming orgasmic, and there are some spectacular toys out there now, toys so good that I am not altogether positive I can still promise that using them will not interfere with partnered sex, but that is obviously a topic and a worry (an issue) for another time. The old classics are Lonnie Barbach (reads like a therapist writing for Redbook) and Betty Dodson (reads like someone you’d meet at the Michigan Womyn’s Music Festival circa 1989, naked), but they have accumulated an Amazon wish list full of competition. Poke around in the reviews and see if you can find someone whose voice you can stand, buy their book or DVD and whatever basic toys they recommend, then buy yourself some time and use them. Oh, and if there’s a boyfriend in the picture, tell him to just hang on — you’ve got some stuff to do, after which he’s welcome to come back and try again. If this works, it should be worth the wait.

Love,

Andrea

Dear Andrea:

I’m a 20-year-old girl, and I’ve only had one sex partner in my life (high school to the present). My problem seems pretty basic: sex doesn’t feel all that great. I mean, the desire’s there, but after a few minutes the pleasure part just kind of slips away, despite my best efforts to keep it there, and the rest either feels like smushing body parts or else is unpleasant and sort of painful. I don’t understand how it can start off feeling good and then just go away. Maybe I’m on the right track: When I first started having sex (three years ago), it always felt pretty neutral. Now at least it feels good for a little while. I can’t masturbate to orgasm either. It is incredibly frustrating to want to have sex even knowing I always go away from it unsatisfied. What is wrong with me? How do I fix it?’

Love,

No, No, No

Dear No:

I had to reread very carefully to make sure you and your doppelgänger are not the same person, but look — you’re slightly younger! And very, very faintly less hopeless, I think, but that is open to interpretation. I do find it slightly heartening that you are experiencing a bit of pleasure now, since I’d have to agree that it would be difficult to get motivated in the complete absence of anything more exciting than "neutral" sensation.

It’s neither fair nor just but is common for women to be out of touch with their sexual-response cycles in a way that simply doesn’t occur very often in males. I hesitate — nay, refuse! — to get into any historical-political reasons why this might be so. (It’s not that they’re not interesting, but they are unfruitful and dreadfully distracting, which is exactly what we don’t need when we’re already having trouble concentrating.) I’m afraid you too will have to buy media products and a vibrator that tickles at least your fancy, put the boyfriend on hold, and get practicing. I wish I could wave a magic wand for you, but I think the motor in mine is burning out. They don’t last forever.

Love,

Andrea

Andrea is home with the kids and going stir-crazy. Write her a letter! Ask her a question! Send her your tedious e-mail forwards! On second thought, don’t do that. Just ask her a question.

Who wants change?

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› steve@sfbg.com

On the rainy afternoon of Jan. 8, Mayor Gavin Newsom strode through the familiar Delancey Street Foundation complex’s main courtyard — a bodyguard holding his umbrella over him — and entered a conference room filled with local political luminaries just as the taiko drummers finished their performance.

A few hours earlier Newsom had taken the oath of office and given his second-term inaugural address during a lavish ceremony at City Hall, where he told the crowd, "Here in San Francisco our point of reference is often our minor political disagreements." But now he joined his fiancée, Jennifer Siebel, in the front row of a relatively spare ceremony to watch District Attorney Kamala Harris take her oath of office.

Although Newsom and Harris are more like political rivals than allies, their speeches sounded similar themes — accountability, unity, addressing systemic problems with common sense governance — and were liberal by national standards but safely centrist by San Francisco’s metric.

Yet these two top politicians, like many others in the Bay Area, have cast their lots with two very different national political movements, as the well-connected crowd was subtly reminded when Sen. Dianne Feinstein prepared to administer Harris’s oath of office.

The choice of Feinstein already seemed notable to those who remembered when she publicly chastised Harris for refusing to seek the death penalty for a cop killer in 2004. It was the old, white, establishment stalwart hectoring a rising black star from a new generation for a gutsy decision to stick with her professed progressive values.

But Feinstein now spoke admiringly of how women run the District Attorney’s Office and Police, Fire, and other departments. "San Francisco today is in the hands of women. Who would have thought?" the former mayor said, extending her hopeful assessment to mention that "a woman is likely to be our nominee for president of the United States."

There were murmurs from Harris’s corner and an awkwardness that hung thick in the air. This was because unlike Feinstein, Newsom, and most of the powerful establishment Democrats in San Francisco, who have endorsed Hillary Clinton for president, Harris was an early and high-profile supporter of Barack Obama.

That difference seems especially significant to San Francisco progressives and others who are wary of another Clinton returning to the White House and excited about the upstart candidacy of a younger black man who got into politics pounding the streets of Chicago as a community organizer.

Political endorsements are often like ideological tea leaves. Sometimes support stems from a personal relationship with the candidate, but usually it signals more of a philosophical affinity, a desire to either take a chance with something new or stick with a known quantity, which seems to be the case with this presidential primary election.

"It boils down to this: are you part of the Willie Brown, John Burton political machine, in which case you’re with Hillary, or are you part of the free-thinking folks who really want to see change?" Board of Supervisors president Aaron Peskin — who considers himself part of the latter group and has endorsed Obama — said to the Guardian.

Peskin noted that all of the elected officials in San Francisco who got their jobs through a Newsom appointment — Sups. Sean Elsbernd and Michela Alioto-Pier, Assessor Phil Ting, and Treasurer José Cisneros — have endorsed Clinton, whose campaign has been notorious locally for pressuring top Democrats to get on board.

"We are the campaign of inspiration, not obligation," said Debbie Mesloh, a former Harris spokesperson now on loan to the Obama campaign. "I think people are really tired of Bush-Clinton-Bush-Clinton."

But Elsbernd — like many other Clinton endorsers — played down the differences between the top two candidates and doesn’t see much symbolism in the endorsements, although he does acknowledge that those who prefer to work within the system tend to support Clinton, while those "who are always pushing the system to go further" seem to be backing Obama, or John Edwards in some cases.

"If Sen. Obama or Sen. Clinton were on the Board of Supervisors, they’d probably be to the right of me," said Elsbernd, whom most observers consider the board’s most conservative member, later adding, "Whoever wins the nomination, San Francisco will be heavily supportive of [him or her]."

But Sup. Chris Daly — who, like Peskin and many others, backed Edwards four years ago and supports Obama this time — thinks an Obama victory would be hugely important both locally and nationally in terms of opening up the Democratic Party and the country to new ideas.

"Hillary Clinton clearly represents the establishment, closely aligned to the [Democratic Leadership Council], and Obama represents a change from that. If Obama wins, it would send a serious wave of change through the Democratic Party and open up opportunities for progressives," Daly told us.

He also said progressive Democrats are "like the redheaded stepchildren of the party," consistently marginalized by leaders like Speaker of the House Nancy Pelosi, Feinstein, and Newsom. Daly said he liked the policies and messages of Edwards and Dennis Kucinich but identifies with Obama’s roots as a community organizer and feels he’s the best hope for change. Daly said an Obama victory would "mainstream activist politics, which is what I practice."

Many Clinton supporters aren’t afraid of the establishment label, which progressives often use as an epithet and indicator of a brand of politics mired in status quo constructs.

"To me, that’s one of her strengths. She knows how government works and will be ready to lead on day one, and if that’s called establishment, that’s OK with me," said Laura Spanjian, a vocal Clinton campaigner and elected member of the San Francisco Democratic County Central Committee.

There are some mainstream candidates who have bucked the norm. Sen. Barbara Boxer, who is definitely to Feinstein’s left, and Pelosi have decided not to endorse any of the Democratic primary candidates. And Sup. Bevan Dufty, who is often a Newsom ally, has endorsed Obama.

"I truly feel he is unique among the candidates as far as being able to repair our relationship with the rest of the world," said Dufty, who said he identifies with African American politics, having been raised by a civil rights activist and later working for groundbreaking Congressperson and presidential candidate Shirley Chisholm and former mayor Willie Brown. "I think Obama is much better situated to bring about a new dynamic."

Eric Jaye, owner of Storefront Political Media and the top consultant to Newsom’s two successful mayoral campaigns, told us, "There’s no doubt that prominent endorsers, like Kamala Harris for Barack Obama or Gavin Newsom for Hillary Clinton, stake some political capital in their endorsements. But I don’t think it matters that much."

In fact, rather than altering local political dynamics or the careers of aspiring politicians, Jaye said, the split endorsements of local officials is positive: "We’ve hedged our bets, so whoever wins is going to love San Francisco and our top leaders."

Newsom’s fixers

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EDITORIAL Mayor Gavin Newsom is acting more and more like his predecessor, Willie Brown. It’s an alarming trend, and Newsom needs to take some steps right away to assure the public that he’s not letting political fixers run the city.

We’ve been seeing signs that Newsom is becoming more of an imperial mayor for months, ever since he launched his new administration with a demand that all of the department heads and commissioners resign. The idea, he said, was to bring a fresh start and new ideas to his second term — but he never explained exactly what those new ideas were or why the current city officials weren’t living up to them. And it was clear that some of his moves were motivated by nothing but politics: ousting Susan Leal as head of the Public Utilities Commission had nothing to do with her job performance and everything to do with the fact that she had been willing to challenge Pacific Gas and Electric Co.’s power monopoly.

The shenanigans continue. As Sarah Phelan reported on sfbg.com last week, Newsom just attempted a coup at the Planning Commission, moving behind the scenes to oust Christina Olague, a progressive appointed by the supervisors, from her post as vice president. Newsom and his crew wanted to install his loyalists, Sue Lee and Mike Antonini, as president and vice president of the panel.

That move, sources told us, was orchestrated through Dean Macris, the former planning director who needs to get the hell out of that department. Macris still has his fingers firmly planted in the planning pie; he maintains an office in the department as a "liaison to the mayor."

The mayor has also managed to pad his own office’s budget while cutting key city services — and has, as the San Francisco Chronicle reported Jan. 25, used funny accounting to divert money from Muni to the Mayor’s Office payroll. And he continues to use the San Francisco International Airport as a place to put highly paid employees who have, at best, unclear job descriptions.

This is the sort of thing that led to Brown’s downfall: the voters, infuriated by backroom deals, voted nearly all of Brown’s allies out of office in 2000 and elected a Board of Supervisors that had a mandate to block the mayor’s worst initiatives.

Newsom has always insisted he’s a different type of politician than his predecessor and onetime mentor, and his future political career will depend on his ability to make that image stick. Brown’s reputation for corruption was the main reason he never had any hope of seeking or winning a statewide office.

If Newsom wants to avoid that fate, he can start with a few significant changes:

<\!s>Knock off the secrecy and sleaze. If Newsom has a reason to replace a department head or commissioner — and there are good reasons to fire a bunch of them — he needs to make that public. If someone isn’t carrying out his policies, fine: explain what the policies are and where he and the official in question part ways. Don’t pull out the knives and do the dirty work of PG&E and the developers behind closed doors.

<\!s>Be open about the jobs and the money. If the mayor really believes he needs a bunch of new $150,000-per-year aides, fine: take that money out of the General Fund and tell the public where it’s coming from. Budgets are displays of political priorities, especially in tight years, and the voters have a right to know what the mayor cares about most.

<\!s>Keep the operatives out of City Hall. Brown had lobbyists and consultants cutting deals in room 200 almost every day. Newsom needs to make it clear that campaign advisors aren’t making policy or personnel decisions.

We have four more years of Newsom to go, and if he keeps up this kind of crap, he’s going to find himself fighting the board — and the voters — at every step.

Follow Lennar’s Money

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Sup. Chris Daly has a juicy item on his blog. He’s uncovered that Lennar has already spent $500,000 to try and qualify a mixed-use development at Candlestick Point and Hunters Point Shipyard for the June 2008 ballot. This Lennar financed project is being framed as the Bayview Jobs, Parks and Housing Initiative.

But just who has benefited from Lennar’s spending spree, so far?

The city’s campaign finance data base shows that the biggest beneficiaries have been business lawyers Paul, Hastings, Janofsky and Waller; political consultants Terris, Barnes and Walters; campaign law and lobbying firm Nielsen, Merkamer, Parrinello, Mueller and Naylor, Sam Singer’s public relations firm, Singer Associates, Ground Floor, the public affairs firm run by Jim Stearns and Alex Tourk, and David Binder’s polling research. Oh, and then there’s the $17,500 Lennar paid to Pacific Petition, a petition circulation subvendor, to gather signatures to qualify this puppy for the ballot.

Meanwhile, supporters of the Bayview Affordable Housing initiative, which seeks to ensure that 50 percent of all housing built at Candlestick Point and the shipyard be affordable, are likely going to have to rely on community volunteers to qualify their competing measure for the June 2008 ballot.

Q. Which initiative do you think is most likely to benefit the people who currently live in the Bayview?

p.s As Lennar argues that it can’t afford 50 percent affordable housing in the Bayview, it’s worth noting that in 2006, Lennar President and CEO Stuart Miller made $1 million in salary, but his bonus decreased (from $21.5 million in 2005, paid half in stock and half in cash) to $4. 7 million, paid entirely in cash. Poor baby.

Car trouble

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› news@sfbg.com

A lawsuit alleging that seven major rental car companies have been illegally colluding to fix prices has become a campaign issue in the State Senate race between incumbent Carole Migden and Assemblymember Mark Leno.

The suit was filed by the University of San Diego School of Law’s Center for Public Interest Law and alleges that Hertz, Avis, Dollar, National, Thrifty, Alamo, and Enterprise took advantage of Assembly Bill 2592, sponsored by Leno, to charge consumers more and essentially blame the increase on the state.

The bill was created in the final days of the 2006 legislative session at the request of the rental car companies and the California Travel and Tourism Commission. It allowed the companies to list for consumers the 9 percent concession fee paid to airports (which they had been required to bundle into their listed rates) in exchange for paying $24 million annually, or about 2.5 percent of revenues, to the commission, replacing the state’s $6.7 million contribution to the organization that promotes tourism to the state.

But the lawsuit alleges the companies simply increased their rates by that 11.5 percent, pocketing the profits while indicating to customers that the money was going to the commission and to the airports. And the fact that they all did so is, the lawsuit charges, evidence of illegal collusion.

So this month Migden offered her own legislation to undo the change, highlighting the lawsuit and Leno’s legislation in the process. Senate Bill 1057 would also require rental car companies to provide a certified audit specifying how much extra money consumers were charged since AB 2592 went into effect.

"This law needs to be fixed before more consumers lose their hard-earned money to overcharging by unethical car rental firms," Migden said in a press release.

For his part, Leno notes that Migden and most legislators supported his bill, which he vetted through the Consumers Union, a group that was ultimately neutral on it. He said the bill provides greater transparency to consumers, so much so that it makes the apparent collusion obvious. "If [rental car companies] want to collude, they should do it without the 2592 on them," Leno said, adding, "If there’s any funny business going on, let’s crack the whip."

As for Midgen’s role in cleaning up the situation, Leno said, "If I weren’t running for the senate, this would be of no interest to her whatsoever. This is pure politics."

Leno concedes that it was representatives of some of the rental car companies, along with someone from the commission, who brought him the legislation, which he inserted into another bill at the end of the legislative session. According to Cal-Access, an online resource that documents campaign finances, Hertz Corp. contributed $3,000 each to Leno’s 2004 and 2006 campaigns. The Dollar Thrifty Automotive Group also made a contribution of $3,300 to Leno’s 2006 campaign.

But Leno said of his legislation, "It enhances the information that consumers receive when they rent a car…. I thought this was a win-win situation that would not have consumer opposition, that would generate $50 million [a figure that includes the ripple effect of tourism] to promote California and create hundreds of thousands of jobs."

In addition to helping boost tourism in the state, the Leno legislation requires rental car companies to disclose their total out-the-door prices on the phone or the Internet and requires all components of the total charge to be clearly itemized for consumers.

Robert Fellmeth, executive director of the Center for Public Interest Law, told us the alleged price fixing wasn’t surprising, given that the seven companies dominate the market and share a lobbyist and a trade association. But he said, "The more serious charge is that they went to a legislator and agreed to horizontal price colluding."

None of the companies returned Guardian calls or offered comments.

Megan Ma contributed to this report.

Pop op

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› kimberly@sfbg.com

SONIC REDUCER "Omigod, I totally love that." A doll-faced, teenage dead ringer for Zooey Deschanel gawks dreamily at a dabbed dwarf cactus drifting off the edge of a cream-colored sheet of paper — jaw a-dangling, china blue eyes a-gobbling. It’s not often you catch a snatch of pure rock ‘n’ roll idol worship amid the pristine white walls of a museum space, yet here it was, flowering quietly in the San Francisco Museum of Modern Art room that hosts the shifting collection of Paul Klee prints gathered and loaned by San Francisco’s father of the pill, Carl Djerassi. These days the Klee pieces are sharing space with the whimsy-washed ink, watercolor, and graphite works by San Francisco Art Institute graduate and international psych-folk rock emissary (and Guardian copydesk swear-jar star) Devendra Banhart, who performs at the museum Jan. 17 in celebration of "Abstract Rhythms: Paul Klee and Devendra Banhart."

The small show opened quietly, but judging from the cool kids reverently orbiting the pieces, word is slowly leaking out about this charming clutch of images, which displays both opera lover Klee’s most music-inspired, antic pieces — is that the musical fruit of a bean burrito or bassoon emerging from a posterior in Der Fagottist (The bassoonist)? — and Banhart’s sweetly humorous paper pieces depicting a fictitious fan called Smokey, who’s also the center of his recent, somewhat decentered LP, Smokey Rolls Down Thunder Canyon (XL). Banhart is clearly a man of many gifts: here, Flowering Corn Maiden Smokey and Banded King Snake and Thunder Maiden show off a playful yet refined eye and an overflowing though focused imagination with a transfigurative bent that conjures Giuseppe "Fruit Face" Arcimboldo.

While the word show is increasingly, happily confused in both its musical and visual art contexts — and the term pop becomes more relevant in the art world than in the shiny plastic disc marketplace — the exhibit arrives as yet another instance of the healthy, ever-bubbling and brewing cross-pollination going on between the two types of media since the turn of the century. That highly consensual crossover fever dream is evident at art openings throughout the Bay every first Thursday, and it’s heartening to know that just as music becomes a harder proposition to tackle commercially and art has become a bigger business, musicians are finding their way toward new audiences and artists are coursing toward pop. And while spaces like 21 Grand and LoBot Gallery weather their share of hassles, newbs like the month-old Fort Gallery are throwing open their doors undeterred. The last, a Mission District space, is currently showing collage and sculpture by Ryan Coffey by appointment only — "Until we quit our day jobs," co-owner Jesi Khadivi says with a laugh — but Khadivi and cohort Vanessa Maida promise a mix of art, barbecue, live music, and special soirees like the Jan. 16 movie night that will juxtapose Ranu Mukherjee’s Sustenance short with Alejandro Jodorowsky’s tripindicular The Holy Mountain (1973).

The blend of high art and lowdown sounds isn’t new, ace genre bender Chris Duncan asserts: music-art hybridization "has always been around on different levels, but I think most people who make art also make music, or are very much influenced by music. As far as different mediums and different ways of doing things, the lines are so blurred at this point. For me, I like to keep busy, and I like getting a lot of people involved in stuff. I can get lost in my studio for a long time, and it gets kinda lonesome."

This may explain why Duncan — whose visual art career has been far from dormant, considering his fall solo show at Gregory Lind Gallery — has been dipping his toes into other creative wellsprings: on Jan. 18 he’ll celebrate the first release of SF twosome Pale Hoarse’s The Gospels on his new label, the Time Between the Beginning and the End. Call it a handmade labor of love: Duncan stitched and silk-screened about 100 multihued covers for the limited-edition record. Each one — available at Aquarius Records and via Duncan’s Hot and Cold Web site — promises to shimmer with different tones beneath the pink fluorescent-ink silk screen.

It’s the first record the Oakland artist has made, though he once designed a cover for a Jade Tree split with Songs: Ohia and My Morning Jacket, as well as for Battleship’s Presents Princess (Ononswitch, 2005). "There’s a total Sub Pop Singles Club influence, for sure. Music has always been part of my whole trip, and record collecting was such a big part of my growing up," says Duncan, whose also recently edited his first book, My First Time: A Collection of First Punk Show Stories (AK Press), a project that mushroomed from a slim zine, and he’s embarking on the next issue of the wonderful art zine he assembles with Griffin McPartland, Hot and Cold. (The next issue sounds like a doozy and will include contributions from Colter Jacobsen, Chris Corales, and Hisham Bharoocha and a CD by Golden Bears, a new project from the Quails’ Julianna Bright and Seth Lorinczi.) "Making a record fulfilled the need to hand-make stuff," Duncan continues. "A lot of projects I do outside painting are about gathering and collecting things, doing records, zine assembling. Now I’m inspired to put out a record every year." *

MOVIE NIGHT

With Sustenance and The Holy Mountain

Wed/16, 8:30 p.m., $5 donation

Fort Gallery

83B Wiese, SF

www.fortgallery.com

DEVENDRA BANHART

Thurs/17, 8 p.m., $15–<\d>$20

Phyllis Wattis Theater, San Francisco Museum of Modern Art

151 Third St., SF

www.sfmoma.org

PALE HOARSE

With Raven and Hannah, visuals by Chris Duncan, and shorts

Fri/18, 8 p.m., $6

Artists’ Television Access

992 Valencia, SF

www.atasite.org

For more, see Sonic Reducer Overage at www.sfbg.com/blogs/music.

Messy Marv at large

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› a&eletters@sfbg.com

Even the short list of elite Bay Area rappers — say, Too Short, E-40, Keak Da Sneak, and Mistah FAB — must include the Fillmore’s own Marvin Watson Jr., a.k.a. Messy Marv. Since selling 15,000 units of his debut, Messy Situations (Ammo, 1996), at age 16, Mess has consistently earned impressive independent numbers: his solo discs Disobayish (Scalen/Sumday, 2004) and Bandannas, Tattoos, and Tongue Rings (Scalen/SMC, 2005) both sold 20,000, while his collaboration with San Quinn, Explosive Mode (Presidential, 1998), has moved more than 50,000.

Mess began 2007 with Da Bidness (Gateway/SMC), the creation of a supergroup formed with Keak and PSD, which, according to SMC’s Will Bronson, was last year’s best-selling local independent disc, at 19,000 and counting. Mess’s current project, Draped Up and Chipped Out 2 (Scalen/SMC), dropped at the year’s end. By mid-December, Draped was the number one independent and number 13 overall album on the Music Monitor Network, which tracks sales from major United States indie chains.

The soundtrack to an uncompleted film, Draped consists mostly of songs by Mess — spitting alongside national talent like Mike Jones, Juvenile, and Sean Paul — plus tracks from local heavyweights like G-Stack and B-Legit. Despite its various hands, the disc still has an album feel, containing some of Mess’s best work since Bandannas. Highlights include his singles "My Life Is a Movie," which showcases a hook by the late Mac Dre, and "Sei Luv," a rare foray into romantic R&B. With multiple business ventures in the works — including a clothing line and a reality TV show — and perpetual major-label interest, Mess is as likely as any Bay rapper to go nationwide.

Coming from the Fillmore’s projects, however, presents challenges most artists don’t face. When I spoke with Mess, he was fresh out of Santa Rita Jail, where he spent the past year on a weapons charge.

"I was charged with felony possession of a firearm, my second firearm case," he said. "The deal was three years’ state pen, but my legal defense got me a year. Now I’m back out, trying to turn my negative situation into a positive.

"Jail didn’t stagnate anything as far as my label Scalen," continued Mess, who even recorded a Draped intro behind bars. "They had a phone so I could do my business and my time. I have a strong team behind me."

Nonetheless, given California’s three-strikes law, another felony gun charge could land Mess serious prison time. When asked if he’s worried, however, he got a little heated.

"Now you sound like the SF police," he said — the last thing a rap reporter wants to hear. "Are we trying to make people think I don’t care about going to jail?" he asked, citing his displeasure with a May 15, 2007, San Francisco Chronicle article implying his gun toting had ruined his career opportunities.

"I felt real exploited by that article," Mess said. "I said I’d rather be caught with than without, any day. The way the murder rate is, it’s like that. I don’t regret any of it. I’d rather people read about me in jail than read about me dying or being shot."

He has a point. I absolutely hate guns, as do SF voters, who passed Proposition H — banning possession and sale of firearms within city limits — in 2005. But Prop. H was struck down Jan. 9 by the First District Court of Appeal, based on a challenge by the National Rifle Association, for conflicting with state law, and I think it’s hypocritical to condemn rappers for carrying guns in a society that refuses to ban them. Street rappers like Mess have to maintain a presence in the hood to preserve their credibility and fan base. But money and fame make them targets for violent crime.

"We need some kind of protection," insisted Bay legend Spice 1, who was shot in the chest during a Dec. 3, 2007, attempt to break into his Escalade while he slept inside. The bullet pierced his lung, leaving him in critical condition, though he’s now out of danger and recovering.

"Entertainers should get a break, but we can’t even wear [bulletproof] vests," added Spice, who has had six gun charges, including four in California that predate the three-strikes law. "Marv ain’t trying to jack nobody. He’s trying to protect himself."

In any case, despite the risks, Mess has no intention of abandoning his hood. Beyond the usual rapper’s neighborhood pride, he has taken on an active role in attempting to turn negatives into positives. Aside from using his label to employ youths whose criminal records and/or poor education make getting jobs nearly impossible, he’s put out two volumes of Fillmore Nation (Scalen/SMC, 2006) to help young rappers launch their careers. He intends to donate a portion of the profits to two Fillmore community centers.

"When I got my position in the music industry, I didn’t turn my back on the kids," Mess said. "I’m out here with these kids, these criminals, and they look at me as hope because I was the same way. When they look at me, they can say, ‘If Messy Marv can do it, I can do it.’<0x2009>"

All told, I think San Francisco — or at least the Fillmore — is better off with Mess on the street than in a cell.

Life of the party

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› amanda@sfbg.com

GREEN CITY Amid the much-hyped speculation about whom Democratic and Republican party voters will choose as their respective presidential nominees this year, California members of the Green Party will vote for their representative Feb. 5.

Candidates Jared Ball, Kent Hesplay, Jesse Johnson Jr., Cynthia McKinney, and Kat Swift met for their only planned debate Jan. 13 at Herbst Theatre in San Francisco, addressing a near-capacity crowd and laying out platforms that are decidedly more aggressive in tackling environmental and social problems than any proposed by the major-party candidates.

The candidates echoed one another on plans for immediate withdrawal from Iraq and shifting funding from the Pentagon into domestic programs for education, health care, and jobs. All professed grave concern about the environment, with Johnson calling the coal-mining method of mountaintop removal "ground zero for climate change."

By the end of the debate, Ball, a Baltimore hip-hop artist and professor in communications studies, fully endorsed McKinney, a former Democratic congressperson from Georgia. He emphasized that his greatest desire was for a strong national movement of people of all races, places, and income levels to continue what he called "incomplete revolutions" in the civil, labor, and women’s rights movements.

McKinney received the longest, most sustained standing ovation of the evening when she said, "Please unite the party. We can’t do it divided." She said the Greens represent the best hope of bringing together the large percentage of the country that’s spurned membership in both the Democratic and Republican parties. "I’ve never seen anything like I’ve seen in the Green Party," she said. "Please come together."

Also on hand — not participating in the debate but taking questions afterward — was Ralph Nader, a presidential candidate in 1996, 2000, and 2004, who hasn’t yet ruled out another run this year. Some Greens and other high-profile figures are urging him not to run and expressing concern that he’s become a polarizing figure who could hurt the party. Nader addressed the issue of party unity by saying, "I have very little to offer about how to unite the Green Party internally."

But he told the Guardian that if powerful institutional forces collude to limit his or the Green Party nominee’s access to the ballot, as he charges they did in 2004, he might run to highlight the need for greater political participation, saying, "I’ll be deciding within the next month." Nader has sued the Democratic Party, the John Kerry–John Edwards campaign, the Service Employees International Union, and a number of law firms and political action committees for allegedly conspiring to prevent him from running for president in 2004.

"Ballot access is a major civil liberties issue," Nader said. "Without voters’ rights, candidates’ rights don’t mean anything."

Yet the five announced candidates and Green Party activists on hand all seemed ready to rally around a new nominee for 2008, even as questions remain about whether the party should pool its energy and resources for national races or focus on state and municipal elections. Greens represent less than 3 percent of San Francisco’s registered voters and are outnumbered by Republicans four to one. Statewide, Greens amount to less than 1 percent. However, nearly 20 percent of California voters and 30 percent in San Francisco decline to state any party affiliation.

"I’m not sure yet that running a presidential candidate helps to grow the party, based on the experiences of the last several presidential attempts, especially in contrast to us focusing on races that can be won locally," Sup. Ross Mirkarimi, a Green who helped found the party in California, told the Guardian outside the debate. When asked if a national Green Party candidate trickles down attention and funding to the grassroots races, he said, "The theory is that it does. There isn’t any concrete evidence that it has coattails."

Since the Nader runs, Greens are wary of being tagged as presidential spoilers, but when that question was posed to this year’s prospects, they denied that it accurately portrays the voting landscape. As McKinney said, "When you’ve got a million black people who go to the polls … and nobody counts their votes … then don’t you dare call the Green Party spoilers."

Editors note: An earlier version of this story erroneously reported that Ralph Nader was the Green Party candidate for president in 2004. Nader ran as an independent. The Greens nominated David Cobb.

A no-new-cuts budget

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EDITORIAL It’s time for Democrats in Sacramento to show some political courage. Gov. Arnold Schwarzenegger has thrown down the gauntlet, offering a budget plan that isn’t just brutal and wrong — it’s a train wreck, a catastrophe that would devastate public education, parks, and basic services in California for years to come. The Democrats need to publicly declare this dead on arrival and offer an alternative plan that closes most of the $14 billion deficit with new taxes.

The budget deficit is serious business: it represents more than 10 percent of the state budget, and, after a series of tough years that have left California in debt, it’s not going to be easy to eliminate. And we recognize that Schwarzenegger is serious about across-the-board cuts — he’s willing to eliminate 6,000 jobs from the bloated prison system and let 22,000 inmates out early. That’s long overdue, and those savings can be incorporated in any final plan.

But slicing the education budget by $4 billion is insane. We’re not just talking about government employees losing their jobs or reducing bureaucratic overhead — this is about threatening the future of a generation of California kids. Those kinds of cuts — which absolutely will translate into a loss of teachers, school closures, and the end of music, art, and science programs — aren’t just one-year measures that can be repaired later. These are deep reductions in the state’s commitment to educating children who can’t afford private schools — and those kids will suffer for years.

Closing parks, cutting social programs, and eviscerating aid to cities — which will mean another round of cuts at the local level — would do serious damage to California. And none of it is necessary.

The governor’s pledge not to raise taxes demonstrates that, for all his talk of bipartisanship, at heart he’s a George W. Bush Republican. Cutting state spending at this level as the nation heads into a recession is insane; all the governor’s plan would do is drive the economy further into the tank, destroy more jobs, and reduce tax revenue, making next year’s problem even worse.

Think about it for a second: just restoring the vehicle license fee, which is a modest tax on car ownership, would bring in more than $4 billion, enough to save public education.

The richest Californians have done very well under the Bush tax cuts. And the deficits that those tax cuts created are part of California’s budget problem. Even increasing state income taxes slightly on those very-high-wage earners would bring in as much as $3 billion, according to the California Tax Reform Association — and since the rich can deduct state taxes from their federal payments, this would ultimately be a way to transfer money from Washington DC back to California.

That state’s sales tax code is still stuck in another era, and all sorts of things defined as services don’t get taxed at all — even though, according to the CTRA, "many ‘services’ are actually the temporary use of tangible commodities, such as admission to sporting events, ski resorts, golf courses, amusement parks, gyms and concerts, and should be in the tax base." Fixing that problem would bring in another $4 billion.

In other words, a few modest changes in the tax laws that would affect only the rich and those with excess disposable income would solve the budget deficit without cutting any services at all (except prisons, which need to be cut anyway). And that’s without even addressing the regressive mess that is Proposition 13.

A revenue-based solution would also prevent a deep hit to the economy, because shifting money from the very rich (who don’t tend to spend their marginal dollars) to the poor (who tend to put every new dollar right into the economy) is always a source of economic stimulus.

The Democratic leadership knows this. Most of the rank-and-file Democrats in the State Legislature know this. It’s not rocket science. But politicians in California are terrified of raising taxes — but in 2008 they have to get over it. It’s the responsibility of the Democratic leadership to educate the public about the real choices here, the real economics, the real stakes — and the only humane, credible solutions. If they cower in fear and cave in to the governor now, it’s hard to imagine when they will ever be able to take a stand.

The power of iMarketing!

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Yes, even almost more amazing than the fact that one of the spandex-clad New American Gladiators is indeed a gay porn star — no duh, that’s like, totally hot, yo —

alexcut.jpg
Photo courtesy of Fleshbot/Colt Studios

and also even almost more amazing than the fact that he’s not yet been implicated in a steroids/HGH investigation, is that fact that mere moments after Steve “Not The Fake Blogger” Jobs unveiled the “ultrathin, ultraportable and ultra unlike anything else” MacBook Air (please please tell me that there’s gonna be a MacBook Air Jordan Apple-Nike crossover!), I received a notice in my inbox about it. That’s the power of people. That’s the power of marketing.

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Just do it?

PS — still waiting on that iTunes Movies marketing push, Appleteers! iGet on it!

How Oakland’s fearful politicos enabled waste: Part II

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E.M. Health Services, a home health care company founded by a high-ranking member of Your Black Muslim Bakery, opened for business in July 1996, flush with a $1.1 million loan from the city of Oakland.

But shortly over a year later, signs of trouble already plagued the business — and a review of documents shows that the founders of the struggling company paid themselves lavish salaries, and lucrative consulting contracts went to bakery associates and family members.

More than a decade later, the city hasn’t received one penny in repayment for the loan, and questions remain over why city officials granted the loan in the first place.

Under the terms of E.M.’s loan, the company wasn’t scheduled to make principal payments for two years — until 1998 — but just 15 months after getting the money, CEO Nedir Bey asked to defer repayments until 2000.

The city, which had already questioned several invoices submitted by the company, did not approve the extension. Instead, officials responded by requesting an audit of E.M.’s books.

In his request for an extension, Bey did not mention that in May 1997, E.M. Health had applied to the California Department of Insurance for a $2 million loan to purchase a 4,000-square-foot office building on 17th Street in downtown Oakland.

In his application to the state, Bey cited Oakland’s loan approval as proof of his good reputation, even though by then the city was already questioning tens of thousands of dollars in operating expenses claimed by his company.

The $1.1 million loan agreement called for E.M. Health to begin repaying monthly interest and principal payments of $19,692 on May 1, 1998, the date the company was projected to have enough billable clients to break even.

But May came and went with no payments.

And, documents show, E.M. Health would ask for more.

But the story of how the business, a subsidiary of the now-bankrupt Your Black Muslim Bakery, received the money despite a flawed business plan and a disturbing criminal incident in Nedir Bey’s past illustrates the extent politics and pressure played in officials’ decision to approve the loan.

Bakery members also have been linked to several violent incidents, including the Aug. 2 shooting death of journalist Chauncey Bailey, as well as alleged real estate and welfare fraud and child rape.

Details of the company’s financial growth were outlined in correspondence between Nedir Bey and various city staff who reviewed documentation to support the original $1.1 million loan application, as well as documents surrounding Nedir Bey’s later attempts to obtain a $2.5 million loan that was never granted.

In a January 1997 letter to the city, E.M. Health said it had contracts with 13 patients between October and December 1996, which should have generated more than $23,000 in revenues for the three-month period.

The same letter said seven would-be home health aides had graduated from a training program run by a different company. Those aides could not be sent out to care for Medicare/MediCal patients until they passed their certification exams that month, the letter said.

The letter also reveals that E.M. Health had a goal of generating $1.2 million in income in 1997 by providing services to 50 clients. The company instead reported large losses in 1996 and 1997.

It started to pull in more revenue early the following year, according to a letter from former Economic Development Chief Bill Claggett addressed to then-City Manager Robert Bobb.

Clagget’s letter stated that the company had a net profit of $30,068 for the first two months of 1998, but was still experiencing delays in receiving reimbursements for its Medicare/MediCal clients.

By June 17, 1998, Nedir Bey stated in a letter to city loan department manager Teri Robinson-Green that E.M. was “doing about $80,000 a month.” In another letter listing E.M.’s achievements, Bey claimed the company had hired 55 people, trained 30 people and served more than 200 patients.

But still no loan payments.

E.M. Health’s agreement with the city stated that the company and its employees, many of whom were also trusted bakery associates and family members, would not profit from the business. Any extra income after expenses would be funneled back into Qiyamah, a nonprofit organization founded by the bakery to further Yusuf Bey’s community work. Qiyamah was E.M. Health’s parent company.

But the salaries, car lease and billing rates charged by bakery members who moonlighted as consultants to E.M. Health coupled with too few billable clients and delays in reimbursements by Medicare and MediCal all but ensured there wouldn’t be enough money left over to pay back the city’s loans.

“It’s interesting how that millionaire from the skating rink got $12 million and declared bankruptcy and never paid the city back,” Nedir Bey said, referring to the builders of Oakland’s downtown ice rink, who defaulted on an $11 million loan before E.M. Health Services was funded. The city took possession of the rink. “Is the city calling him and trying to ask him those kind of questions?

“The bottom line for me, I’m trying to move forward with my life. Everything that you’re discussing is in my past,” Bey said.

A popular message

E.M. Health’s business model resonated with Oakland’s black politicians who were eager to even the playing field for black businesses that had not gotten an equitable share of city contracts and loans. They lauded the accomplishments of Yusuf Bey — the controversial but charismatic founder of Your Black Muslim Bakery — and viewed the health care proposal as a continuation of his good works.

The plan also resonated with the U.S. Department of Housing and Urban Development and appeared to meet its criteria for loan funding. E.M. Health’s $1.1 million loan came from a $44 million pot of money the federal agency offered Oakland to fund start-up organizations that sought to provide jobs in low-income communities.

Still, in a June 4, 1996, letter to Kofi Bonner, Oakland’s then-director of community development, local HUD director Steven Sachs wrote that “E.M. Health Services business plan is still being developed …” with many “issues still to be worked out.”

Sachs urged the city to consider “providing a much smaller amount of financial assistance to this start-up business.”

That same night, despite Bonner’s warning that Nedir Bey had not yet provided several documents the city required for the loan, nor procured a provisional license from state health officials, the council voted to give the company a $275,000 advance on the $1.1 million HUD loan.

In fact, even though E.M. Health was $63,000 in arrears in its business taxes, the company ended up getting $538,000 in interim loans from the city of Oakland over the next six months, before HUD officials reimbursed Oakland for the money in April 1997.

Nedir Bey relied on that type of sentiment when he approached the city in February 1998 and asked for an additional $2.5 million — half loan, half grant — to buy a shopping center in West Oakland to house a new urgent care clinic, in addition to funds he sought unsuccessfully from the state department of insurance.

The shopping center plan lacked numerous financial details and included no downpayment or personal investment by Nedir Bey.

Nonetheless, he lined up his supporters and produced letters of recommendation from well-respected medical experts, including David Kears, director of the Health Care Services Agency for Alameda County; Michael Lenoir, president of the Ethnic Health Institute at Alta Bates/Summit Hospitals; and H. Geoffrey Watson, president of the Golden State Medical Association, which represents 2,000 African-American physicians in California.

Claggett said he would have loved to have someone revitalize that blighted shopping center, but nothing about E.M.’s finances by then suggested it could support a new business venture. City records show that E.M. Health incurred losses of $425,000 during 1996 and $343,000 in 1997.

E.M. Health was already three months behind on the payments for the $1.1 million loan, and a mere six months later, E.M. Health’s parent, the Qiyamah Corporation, would default on a

$100,000 bank loan originally signed by Saleem Ali Bey, also known as Darren Wright.

‘I don’t think they ever gave up’

Nedir Bey nonetheless again pressured the city into rushing the review of his new loan request. By July 1998, he sought direct backing from then-Mayor Elihu Harris, whose father was an E.M. Health patient for a short time, according to company records on file with the city.

“Staff should be more inform (sic) on the procedures and policies of the city of Oakland as opposed to me having to check with the mayor and then letting you know what you can and cannot do,” Bey said in a July 1998 letter to Gregory Hunter, now Oakland’s redevelopment agency director, apparently unhappy that the request had not yet been forwarded to the loan review committee.

Kears recalls Nedir Bey first approached him for a letter of recommendation, but that evolved into a request for money to finance outreach efforts for new patients. The county wound up giving Bey a $25,000 contract, the most it could provide without approval from the Alameda County Board of Supervisors. Kears said he doesn’t know whether E.M. Health ever submitted invoices to use any of the money.

The $2.5 million loan application eventually stalled as Nedir Bey failed to produce documentation requested by the city related to the first infusion of cash, the repayment of which was falling further and further behind.

By the time the city sent its first default letter to E.M. Health in December 1998, the payments were eight months past due and the company had crumbled.

City employees would later discover that the company’s offices had been cleaned out, office furnishings and computer equipment pledged as collateral gone.

Claggett said that not long afterward, he was questioned by the FBI about E.M. Health and Nedir Bey. The FBI’s San Francisco office did not return a call seeking comment about the probe.

No way to collect

The Oakland city attorney sued E.M. Health

in December 2000 in an attempt to recover $1.45million in loan funds and $98,600 in unpaid interest. The city won a default judgment, but no one could collect on it, in part because there was no personal guarantee made when the loan was awarded.

City Attorney John Russo said recently that it is up to the city’s Finance Department to collect on the $1.5 million judgment, which remains unpaid today.

The city wasn’t the only one left holding worthless paper when E.M. Health deteriorated. Orthopedic and Neurological Rehabilitation, Speech Pathology Inc. of Los Gatos sued Nedir Bey and Cecil R. Moody, an E.M. Health agent listed among business registration records, in 2000 to recover $8,700 worth of services it provided to the company’s patients over a two-month period. According to the lawsuit, E.M. Health billed MediCal and Medicare but never reimbursed the company.

In May, Daulet Bey, a Muslim wife of Yusuf Bey and mother of current bakery CEO Yusuf Bey IV, 21, and her daughter Jannah Bey filed papers to revive Qiyamah’s state business license. It’s not clear whether bakery associates plan to use Qiyamah to attempt a new business venture.

The license was promptly suspended again by the state Franchise Tax Board for failing to file an information report in 2005, according to spokeswoman Denise Azimi.

Nedir Bey’s costly experiment was finished and thousands in unaccounted for public funds were left in his wake.

MediaNews investigative reporters Thomas Peele and Josh Richman, KQED reporter Judy Campbell, and radio reporter Bob Butler contributed to this report. Cecily Burt is a MediaNews staff writer. G.W. Schulz is a staff writer at the San Francisco Bay Guardian.

How Oakland’s fearful politicos enabled waste: Part 1

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Editor’s note: This is the first of a three-part series examining a $1million city loan to a Your Black Muslim Bakery affiliate that was never repaid.

It was a noble cause: Train welfare recipients as home health aides and put them to work caring for homebound sick and elderly clients.

A decade ago, while Your Black Muslim Bakery founder Yusuf Bey enjoyed unwavering support and adulation from black businesses and politicians, his spiritually adopted son, Nedir Bey, pressured and shamed city leaders into giving him a $1.1 million loan to help finance the promise of black entrepreneurial independence.

But the venture, E.M. Health Services, swiftly collapsed. The failure of CEO Nedir Bey to repay a dime of the loan made headlines at the time and prompted most to assume the company’s demise was caused by a combination of poor business decisions, bureaucratic hurdles and simple bad luck.

But was it?

City officials overlooked flaws in the company’s business plans and relented to black community leaders who insisted they award the loan, according to interviews, documents and other correspondence reviewed by the Chauncey Bailey Project.

The loan was granted to Nedir Bey despite his well-publicized arrest for the torture and kidnapping of a man two years earlier. Bey pleaded no contest to one felony count of false imprisonment and was sentenced to three years’ probation.

In awarding the loan to Nedir Bey, nearly every elected official lauded the accomplishments of Yusuf Bey in turning around the lives of troubled young men. Yet dozens of those men had armed themselves during a standoff with police two years earlier. And a few years later, Yusuf Bey himself would be accused of raping and fathering children with young girls who were placed in his care.

And the Chauncey Bailey Project has learned that in late 1999 and early 2000, the FBI investigated E.M. Health Services’ loan and Nedir Bey, although it’s not clear how the probe was resolved.

In the wake of reported real estate and welfare fraud allegedly committed by the wives and children of Yusuf Bey _ as well as the August arrest of a bakery member accused of the Aug. 2 shooting death of Bailey, the editor of the Oakland Post _ a deeper review of the E.M. Health Services loan reveals several questionable expenses that suggest an internal pattern of cronyism that enriched nearly every facet of the bakery empire’s inner circle including:

-Tens of thousands of dollars in consulting fees paid to companies controlled by Nedir Bey and his wife, Rosemarie Boothe-Bey, as well as other bakery insiders.

-Thousands of dollars in security fees paid to yet another company controlled by Your Black Muslim Bakery and thousands more in advertising fees paid to Universal Distributors, a company operated by associates of the bakery.

-$20,000 paid to the administrator of an Oakland home health company who had urged the city to award the loan to E.M. Health Services.

-Top-end salaries paid to Nedir Bey and his wife, Rosemarie Boothe, as well as to two of the Muslim wives of bakery patriarch Yusuf Bey who are accused of receiving fraudulent welfare payments at the time, and a second woman with whom Nedir Bey fathered children. Other bakery insiders filled the company’s payroll.

-15-day loans made to E.M. Health by Nedir Bey and other bakery associates that were repaid with hefty loan fees.

The beginnings

On April 30, 1996, the Oakland City Council awarded E.M. Health conditional approval for a $1.1million federal loan to establish a training program for home health aides.

According to loan documents and internal memos, the city approved that loan despite flaws in the company’s business plan and no discernible collateral or equity to back up the debt.

The money was part of a $44 million pot — half loan, half grant — awarded to the city by the federal Department of Housing and Urban Development to fund start-up ventures or help expand existing businesses in three distressed areas of Oakland with high unemployment rates. The federal money was supposed to create jobs, and it was intended for borrowers who could not qualify for conventional loans.

E.M. Health’s share of that pot — through the leadership of then-bakery lieutenant Nedir Bey — would further Yusuf Bey’s efforts to empower poor black residents and ex-cons by giving them training and job opportunities at various bakery outlets and private security companies affiliated with the patriarch’s expanding empire.

The loan proceeds were supposed to be used for start-up costs to recruit workers and patients, establish the home health training program and provide ongoing operating expenses.

The company never lived up to its promise. Ten years have passed and still not a cent has been repaid. The equipment pledged to secure the proceeds never surfaced. The promised jobs for low-income residents, as well as the promised services for sick and elderly clients, evaporated. The Oakland city attorney sued to recoup the debt, plus interest, but the city’s finance department has not been able to collect.

Nedir Bey, whose last listed occupation is business development consultant, would not answer questions about the business operations or why the company failed to take hold, saying that was “in the past.” In a brief telephone conversation, Bey said there were other Oakland businesses that defaulted on city loans and he asked if they were receiving the same level of scrutiny. Bey remains in Oakland but says he is no longer affiliated with the bakery.

Former bakery associate and businessman Ali Saleem Bey has spent the last several months trying to save the heavily indebted bakery enterprise from liquidation. Saleem Bey said he hasn’t spoken to Nedir Bey in years, but he defended E.M. Health’s efforts to provide job training and services to poor Oakland residents.

Saleem Bey, reached by phone, said the city subjected the business to undue scrutiny compared with others seeking public money. That scrutiny also led to the company being underfunded, Saleem Bey said, and contributed to its demise.

“We really felt we were sabotaged by the city, …” said Saleem Bey, who worked alongside other bakery associates to help launch the business.

“Politically, they never wanted to give us the money … and when it came time to work with us and make it go, they made it as hard as possible,” Saleem Bey said. “They wanted to wag their fingers at us.”

But the only thing that remains today from the ashes of E.M. Health is a considerable outstanding debt to taxpayers — a debt that could have been much larger.

Big plans, big loan requests

The Qiyamah Corp., E.M. Health’s nonprofit parent company, first filed state business registration papers in October 1993. The nonprofit organization was formed to expand the bakery’s community work and job training programs, and it wasn’t long before bakery members sought the city’s help in financing a new home health care venture.

Nedir Bey originally approached the city in approximately 1994 for a $3.4million loan to buy an apartment building on 24th Street in North Oakland. That would be used, he said at the time, as a base for his home health care program.

The building purchase didn’t qualify for HUD funds, and over time it was dropped from the plan. The loan request was whittled down to the $1.1 million, which was conditionally awarded to Qiyamah’s for-profit subsidiary, E.M. Health.

The company promised to create 32 full-time jobs, more than half of which would be filled by residents of West Oakland, East Oakland or San Antonio/Fruitvale — the three economically depressed areas targeted by HUD.

The company also promised to train 120 low-income residents and welfare recipients as home health workers, who would in turn provide services to Medicare and MediCal patients and other clients who were privately insured. According to E.M. Health’s business plan accepted by the city, insurance reimbursements would be more than sufficient to repay the loan. It might have worked if Nedir Bey had started small.

Instead, he purchased expensive office furniture and loaded the payroll with bakery insiders, most of whom had no health care experience, while spending little initially on actual medical supplies, according to loan documents.

Bill Claggett, the former director of Oakland’s Community and Economic Development Agency who inherited the E.M. loan in late 1997, said he couldn’t believe the city gave the company “a dime,” let alone $1.1 million.

“They didn’t know what they were doing,” Claggett said. “The cost per person served was much higher than any other similar business. It was clear (Bey) didn’t have the kind of staffing he needed for that operation.”

E.M. Health opened its doors on July 10, 1996, in an office storefront on Grand Avenue. That first year’s tax return posted income of $6,007 and a loss of $437,802. It spent $85,886 on consultants, $10,600 on security and only $5,708 for medical supplies. It survived almost exclusively on the city loan.

The list of employees included Nedir Bey’s wife, Rosemarie Boothe; and another woman, Kathy Leviege, with whom he has two children; family associate Janet Bey; and Madeeah Bey and Farieda Bey, two wives of bakery patriarch Yusuf Bey who are alleged to have received illegal welfare payments at the time, according to civil depositions taken recently in an unrelated case.

Within three months of receiving start-up funds from the city, Nedir Bey was on track to earn $108,000 a year, a figure that was out of line with what similar agencies in the Bay Area paid their CEOs, according to a spring 1997 memo in the city’s loan files.

Quarterly wage reports filed with the state show that Nedir Bey’s wife earned $47,000 as the assistant administrator, and Yusuf Bey’s wives — whose occupations were listed as marketing director and LVN/outreach coordinator — earned nearly $60,000 each, the same as Janet Bey, a registered public health nurse. Other than Janet Bey, none of the women had nursing degrees or related licenses, according to a review of state documents. Saleem Bey said it should not seem suspicious that members of the bakery’s extended family ended up on E.M. Health’s payroll. He said they worked many different jobs to help support the bakery empire and to further Yusuf Bey’s edict to be self-reliant.

He said they also worked alongside Nedir Bey to try and make the enterprise a success. To infer otherwise would be a mistake.

“It behooved the organization to be successful, so it wasn’t as if everybody was just eyeing this money and they wanted to steal a million,” Saleem Bey said. “If the business plan was successful, by this time it would have created 10 times that amount of money and created many jobs.”

Even so, the city’s loan staff requested that the compensation for E.M.’s three top executives be reduced by 20 percent, a move Nedir Bey protested in a memo to city officials.

Other questionable expenses

There were other missteps and invoices that city officials questioned before the city received the HUD proceeds, including a lease on a Cadillac and reimbursements to a security company controlled by the bakery.

One city staffer flagged the vehicle lease, $64,000 in consulting contracts, and thousands budgeted for security as ineligible uses of the federal funds. “Staff is exploring options for recovering these costs,” reads one memo from April 1, 1997.

That same year, in addition to their salaries, E.M. Health paid approximately $40,000 in consulting fees and service payments to Nedir Bey and relatives either directly or through companies that he and other associates of the bakery controlled, according to records on file with the city of Oakland.

Bakery associates also made 15-day loans to E.M. Health to cover operating expenses and charged substantial interest fees in return. Nedir Bey earned a $750 fee for a $9,000 loan he made to the company, and Ali Saleem Bey charged $1,000 interest for a $13,750 loan. Time after time, city staff questioned the invoices E.M. Health submitted for reimbursement, asking for more details or supporting documentation. But the money was never withheld for long.

MediaNews investigative reporters Thomas Peele and Josh Richman, KQED reporter Judy Campbell and freelance radio reporter Bob Butler contributed to this report. Cecily Burt is a MediaNews staff writer. G.W. Schulz is a staff writer at the San Francisco Bay Guardian.

Money for parks

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› sarah@sfbg.com

GREEN CITY A broad coalition of politicians and activists is supporting Proposition A, the $185 million parks bond on the February ballot, with the rare unanimous support of the Board of Supervisors and Mayor Gavin Newsom.

But just how big an impact can this bond, which requires 66 percent voter approval, make? The city has spent the $110 million bond that voters approved in 2000 to repair parks and recreation centers, and an independent 2007 analysis identified $1.7 billion in backlogged park needs.

"This is one of an ongoing series of measures that we need to do every five or so years," board president Aaron Peskin told the Guardian.

The bond allocates $117.4 million for repairs and renovations of 12 neighborhood parks that were selected, Recreation and Park Department director Yomi Agunbiade told us, according to seismic and physical safety needs and usage levels.

The bond also earmarks $11.4 million to replace and repair freestanding restrooms. Noting that his department added 35 custodians in the last budget cycle, Agunbiade said, "So when we fix a bathroom, we’ll have staff to keep it open from 6 a.m. to 11 p.m. seven days a week."

Some aren’t keen on the bond’s inclusion of $33.5 million for Port of San Francisco land projects, including the Blue Greenway, a continuous walkway from Heron’s Head Park to Pier 43. San Francisco Community College trustee and Sierra Club member John Rizzo supports the measure but raised concerns about projects on Port land, particularly improvements at Fisherman’s Wharf.

But Peskin sees the Port lands inclusion as overdue: "For the first time there’s the recognition that the Port should not be treated as a stand-alone enterprise that has to do everything itself." As for the improvements around Pier 43, which is in his district, Peskin said, "Fisherman’s Wharf, like Union Square, is one of those geese that lay the golden egg" in terms of revenue from tourism.

The bond also earmarks $8 million for improvements to playing fields. Agunbiade said many fields are in terrible shape and in desperate need of work, "but this bond only affects about 7 percent of the city’s park land."

Some Potrero Hill neighbors are sounding environmental alarms about plans to install artificial turf at their local recreation center, but Agunbiade said there are also environmental benefits to turf, including decreased water and pesticide use.

Arthur Feinstein of the Sierra Club and San Francisco Tomorrow told us he strongly supports Prop. A, largely because it earmarks $5 million for trail restoration.

"The evidence is not in on the ill effects of artificial turf," Feinstein said, "but its ability to be in constant use frees up land for other uses, such as trail reconstruction, which makes a huge difference not just for native species and plants but people too, who need nature, especially in densely urban areas."

Isabel Wade, executive director of the Neighborhood Parks Council, says her nonprofit supports Prop. A, and she cited its inclusion of $5 million for an Opportunity Fund from which all neighborhoods can apply for matching funds for small park projects.

"A lot of little parks are not on the list because the capital costs of seismic repairs are so great, so how do you even get a bench or a toilet? Why not leverage money?" Wade said, observing that in-kind contributions, sweat equity, and noncity funds can be matched by the Opportunity Fund.

The bond includes $4 million for park forestry, along with $185,000 to do bond audits. This last item didn’t quell the objections of the San Francisco Taxpayers Union, a small group of conservative real estate interests that filed the sole opposition argument to Prop. A, courtesy of Barbara Meskunas, former legislative aide of suspended supervisor Ed Jew.

"Prop. A is a jobs program disguised as a parks bond," Meskunas wrote, also arguing the 2000 park bond money wasn’t properly spent. "The Parks Dept. needs new management, not new tax money."

But Peskin said this opposition from conservatives is unsurprising: "The Taxpayers Union opposes every tax and bond. They have never wanted to pay their fair share."

Learn what the measure would do for the eastern waterfront by bicycling the Blue Greenway on Jan. 13 with Prop. A supporters starting at 10 a.m. at Heron’s Head Park on Hunters Point and finishing at noon at Fisherman’s Wharf. For more info, call (415) 240-4150.

Comments, ideas, and submissions for Green City, the Guardian‘s weekly environmental column, can be sent to news@sfbg.com.

Tiger tales

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More on the SF Zoo:
>>20 Questions the zoo won’t answer
>>Editorial: Take back the zoo
>>Opinion: Shut down the zoo
>>From 1999: The Zoo Blues

› news@sfbg.com

When I first heard about the attack at the San Francisco Zoo, I felt strangely vindicated to learn that a Siberian tiger had been involved. I am irrationally prejudiced when it comes to big cats: I don’t like Siberians. Of all the tigers, lions, jaguars, and other exotic animals I have known in my day — and I grew up on a wild animal farm, so I have known quite a few — the only ones that truly frightened me were a chimpanzee named Lolita and a pair of Siberians (they’re known as Amurs now) that lived in an old shed about 100 feet from my front door.

When I read in March that two chimps from a California primate sanctuary had attacked a 62-year-old man, biting off much of his face, tearing off his foot, and mutiutf8g his genitals, I thought of Mike’s thumb. And when I heard that Tatiana had attacked three young men, killing one of them, I immediately thought of his ear.

Mike Bleyman was a biologist who built a research and breeding compound outside Pittsboro, NC, and like many exotic-animal fanatics he had a tendency to lose body parts. Fortunately, the surgeons in Chapel Hill were skilled at sewing them back on.

Mike was also my stepfather. My parents divorced when I was in junior high, and when my mother moved in with Mike on "the farm," I went with her.

I was present when Lolita bit Mike’s thumb right through the bone, almost severing it completely. I was away at college when the tiger got him.

Mike had arranged a trade with the Albuquerque Zoo in New Mexico — two Siberians and a Himalayan black bear for a young Sumatran tiger. Mike hit both tigers with tranquilizer darts. But ketamine, the drug of choice for sedating big cats, takes several minutes to work, and being an impatient man who didn’t play by the rules, Mike entered the cage before the recommended time had passed. When he approached the male, the female roused herself. She slashed Mike across the back, dislocated his elbow, and removed his ear.

The fact that Mike was able to extract himself from the cage alive is testament to the fact that the ketamine had at least begun to have an impact. Siberian tigers are not creatures you want to mess with.

Our other tigers, all Bengals, were sociable and playful. As I walked by they would chuffle their hellos. I would chuffle back and reach through the fence to scratch their necks or rub their noses. The Siberians, however, had a flat affect, rarely vocalized, and menacingly tracked passing humans.

I know it’s not fair to judge an entire subspecies by two individuals, and these cats had every reason to be sullen. They had evolved to preside as alpha predators over rugged territories of hundreds of square miles, and they were being forced to live sedentary lives in a gloomy shed probably no bigger than 200 square feet. But fair or not, they freaked me out.

I have been thinking a lot about those cats in the past couple of weeks as I have read the news stories coming from San Francisco. As someone who has bottle-fed several cubs, built my share of tiger cages, and shoveled more than my share of tiger shit, I know more than a little about Felis tigris.

I have been equally fascinated, if not more so, by the behavior of the other species that populates this tragic tale, the one known as Homo sapiens. In addition to being a former tiger farmer, I am also a journalist who once covered San Francisco politics. I still work occasionally as a communications consultant to nonprofits, and in my day job I am a manager of a small state agency and work regularly with elected officials. So when I look at this story through the lens of a behaviorist, I think about the traits of various human subspecies — politicians, bureaucrats, managers, spin doctors, journalists, self-proclaimed experts, and supposed guardians of health and safety. Frankly, I am not impressed.

Tatiana was killed for being a tiger. Tigers have only one self. They are what they are; end of story. Humans are a different order of being: we are capable of self-deception. We can lie to ourselves, we can deny what is right in front of us, we can try to shift blame, and we can avoid the things we know we should face.

And thereon hangs this tiger tale.

TARZAN AND TIGER ISLAND


People have often asked me over the years why my stepfather had all of his animals. I like to tell them it was because he thought he was Tarzan. It’s not the absolute truth, but it is as valid as any other answer.

It started in the 1970s, when he just drove down to Florida one day and came back with a tiger cub.

For her first several months there, Gretchen had the run of the farm. I remember one weekend when Mike was teaching us to shoot: my sister Gwenn was lying in the bed of a battered red Toyota pickup, one eye closed and the other sighting down a rifle barrel at a paper bull’s-eye. She never saw the tiger stalking her from behind. As soon as Gretchen was near enough, she closed in a sudden burst, easily cleared the side of the bed, and landed squarely on Gwenn’s back. Gwenn just huffed, "Gretchen, get off," and calmly squeezed the trigger.

Gretchen, however, was soon too large to be treated like a funny-looking dog. Mike hired a backhoe operator to dig a moat around a knoll where an abandoned farmhouse perched. The man arrived on a day when Mike’s very wild foster daughter, Dianne, had cooked brownies. The backhoe operator didn’t realized they were laced with pot and ate a few. It took a long time to finish the job, in part because the guy kept nodding off, and in the end the moat had a peculiar shape.

Mike didn’t mind. He just put up an acircular fence around the acircular moat and called it Tiger Island.

The fence was 12 feet tall and built of heavy-gauge chain link. A barbed-wire overhang jutted inward from the top at a 45-degree angle. A tiger might be able to leap to the top of a 12-foot fence, but the moat meant there was no solid place from which Gretchen could launch herself.

If she tried to hurdle the fence, she’d have to start at least 10 feet back. And if she crossed the moat and pulled herself onto the narrow bank, she would have to jump straight up. That would mean an encounter with the overhang. She wouldn’t climb the fence because chain link is too wobbly. It was the way the moat and the fence and the overhang worked together that made the compound secure. Even when the moat ran dry in later years, a tiger would still have had to jump from the bottom of the dry moat, making the total leap on the order of 16 or 17 feet.

In other words, a stoned heavy-equipment operator and a somewhat oddball zoologist, with a few thousand dollars’ worth of chain link and barbed wire, managed to make a very secure tiger pen. I have to wonder why the privatized San Francisco Zoo, with millions of dollars in bond money and a director who earns $339,000 a year, couldn’t.

THE MISSING WALL


Early reports from San Francisco described the tiger grotto as having a wall and a moat as if they were separate things and gave dimensions for both — initially 15 feet for the moat and 20 feet for the wall. When I read that, I began examining aerial photos to look for other points of egress. I studied the height and the angle of the side walls.

All tigers can climb trees. Amur habitat includes mountain ranges. They don’t like steep slopes, but they’re capable of scrambling over rocky faces. Perhaps Tatiana got out that way, I thought, but I soon rejected the idea.

The aerials showed me the initial reports were inaccurate. There never was a wall and a moat. Tatiana’s compound was nothing like Gretchen’s. There was only a moat, and the so-called wall was simply the far bank. The moat isn’t, in zoological terms, either a physical or a psychological fail-safe. It’s simply a way of recessing a wall into the earth so it doesn’t block human sight lines.

A dry moat can actually be worse than a wall because the far bank gives a tiger launching points. When the jump-off point is around the same elevation as the top of the far bank, as it is at the San Francisco Zoo, the moat’s depth may not matter. The question becomes not how high the tiger can jump but how far it can leap. History and a close look at pictures of the grotto suggest that is exactly the question San Francisco and zoos everywhere should be asking.

One rule of thumb is that a moat needs to be four times the average body length of the species it is suppose to contain, which for an Amur is just an inch shy of six feet. That means a moat should be at least 24 feet across. I’m skeptical of this calculation. Mean body length for a mountain lion, for example, puts the recommended moat distance at just over 13 feet, yet there are credible reports of mountain lions leaping 35 feet.

An alternative is the cat’s known leaping distance plus 20 percent. The oft-reported leaping distance is 20 feet, so the minimum width would again be 24 feet. There are accounts of tigers leaping 30 to 33 feet, but I have not been able to determine whether these were documented. In China, the Yangtze River runs through Leaping Tiger Gorge, so named because a tiger leaped the river to escape a hunter, according to local lore. The river at its narrowest is about 82 feet wide. The story is a fable, but it gives you a sense of the tiger’s reputation as a prodigious leaper. Based on my years of observing tigers at play, 30 feet does not seem at all out of the question.

Such calculations likely contributed to the standards of two Association of Zoos and Aquarium committees. Both the AZA Felid Technical Advisory Group and the AZA Nutrition Advisory Group recommend a minimum width of 25 feet for a tiger moat.

So imagine my reaction when Zoo director Manuel Mollinedo stated his belief that the tiger could not have escaped from the moat, while also saying that according Zoo records, the moat was 20 feet across. I have never met Mollinedo, and he didn’t return my calls, but in my opinion the man has no idea what he is talking about.

Then came reports that the moat is 33 feet across. Well … sort of, maybe, kind of. It may be 33 feet from wall to wall, but the bank on the grotto side slopes to a flat floor 20 feet across. Some clever bloke decided to make the transition look more natural by placing fake boulders atop the slope. These project out into the moat and in some cases rise above the grotto floor. A tiger that launched from the lip of one of these would have to cross far less than 30 feet.

I asked the Zoo for the narrowest leap between the outside wall and these "rocks." Zoo officials didn’t respond. So I went out there with my tape measure.

The tiger grotto is closed off, and Zoo officials also declined to answer my request for access to the area. But through a side window I was able to study a neighboring lion grotto with a similar design. A rock ledge stuck out into the moat more than seven feet, leaving a gap I measured along the outer wall at about 25 feet. Using aerial photographs and online measuring tools to look at Tatiana’s grotto, I repeatedly got widths of less than 24 feet.

In other words, the width of the moat most likely does not meet AZA standards, which could hardly be described as overly cautious.

NO MARGIN FOR ERROR


The world soon found out the bank of Tatiana’s grotto was less than 12.5 feet high, and experts quickly agreed that a motivated tiger could have surmounted the wall. Yet Mollinedo was still expressing disbelief.

We know tigers pluck monkeys from tree branches, bound over steep rock faces, and jump on the backs of large prey. But how tall do they stand, and how much can they elevate? The best evidence I can find of an Amur’s reach comes from the field studies of Anatolii Grigor’evich Yudakov. One way Amurs mark their territory is by making scratches high in the bark of trees. Yudakov measured these marks at 210 to 290 centimeters, or roughly 7 to 9.5 feet.

For an Amur standing on its hind legs to reach the top of a 12.5 foot wall, it would have to elevate another 3 to 5.5 feet. Remember Gretchen jumping effortlessly over the side rail of a small pickup? Four feet.

A major prey species for Amurs is the Manchurian red deer, which stands up to five feet at the shoulder. Though not sourced, many references report a vertical leap for tigers of six feet. Take a tiger with a reach of almost 10 feet and a vertical leap of six feet, and suddenly the industry standard of a 16-foot wall has no appreciable margin for error.

Then there are the events of May 14, 1994, when a Bengal tiger in India’s Kaziranga National Park attacked a man on the back of an elephant. According to a press release from Wildlife Trust International, executive director Vivek Menon reviewed footage of the attack and exclaimed, "I could never imagine that a tiger could so effortlessly leap from the ground onto an adult elephant’s head, which is at least 12 feet above the ground."

There has been much speculation about whether a captive tiger is capable of matching the jumping ability of a wild cat. Presumably a confined tiger would be sluggish, out of shape, her muscles atrophied. No one to my knowledge, though, has studied the sports physiology of tigers.

I can say from personal experience that even captive tigers are incredibly agile and powerful. We had a Bengal named Engels (the litter was born on May Day) who lived on Tiger Island. One day a female Bengal tried to snatch some food from him. He swiped at her almost casually, hitting her in the side. The force of the blow immediately stopped the young tiger’s heart, and she fell over dead.

THE LONG JUMP


So what happened that day at the Zoo? So far, none of the witnesses are talking. Media accounts suggest one scenario: Tatiana may have stood on her hind legs against the wall, pushed off from the bottom of the moat, grabbed the top of the wall with her front paws, and leveraged herself up and over by digging her hind claws into the wall. That’s conceivable, I guess. Tatiana may even have escaped before the attack and waited for her prey in the tall grass beside the moat.

I have a very hard time imagining that, though. For one thing, the wall curves outward at the top. For another, such methodical, incremental movement is not typical of a tiger. They stalk their prey slowly, but in a brutal burst, they close with amazing speed. I am convinced Tatiana exploded from the grotto, landed on the lip, and then powered her way up. Whether she sprang from one of the protruding rocks, the sloped bank, or the moat floor is almost immaterial, but I am inclined to believe she jumped over the moat.

Strangely, Mollinedo may have been on the right track at a Dec. 28 press conference when he said, "How she jumped that high is beyond me." She may not have jumped high at all; I suspect she just jumped long.

I base this on my observations of tigers and my study of grotto photographs, but it is supported by history. There are three known escapes from Tatiana’s grotto and one near escape. In one case the escape went unwitnessed.

Keepers Jack Castor and John Alcaraz walked by the grotto one day a few years back and saw a Bengal named Jack wandering outside, Alcaraz told me by phone. They yelled at him, and he jumped back in.

David Rentz witnessed another escape in 1959, when he was a young Zoo volunteer. He’s an entomologist in Australia now, and he recently wrote in his blog that the tiger "flew across the moat from his position on the other side … and sprung back to the grotto all in one graceful movement." There had been previous reports this same tiger could jump the moat.

Then there’s the near escape witnessed by Marian Roth-Cramer in 1997. In an interview in the Dec. 27 San Francisco Chronicle, she said, "I saw the tiger leap over the moat." This makes me wonder why so much coverage has focused on the height of the wall and not the width of the moat.

Media coverage has also focused on whether the men taunted or teased Tatiana. I find this discussion ludicrous. Zoos know animal abuse comes with the territory. They must anticipate it, prevent it, and prepare for its consequences. It’s part of the job. And besides, how does one taunt a tiger?

When I think of taunting, I think of the French kibitzers and King Arthur’s men in Monty Python and the Holy Grail, a scene reprised in Spamalot. I imagine some kids shouting into the grotto, "Your mother was a wild boar, and you father smelt of porcelainberries. I scent-mark in your general direction."

Teasing a confined animal means tempting it with something it can’t have — a ball, say, or your throat.

Tatiana wasn’t teased. She got what she wanted.

Tigers attack for limited reasons — they see you as prey, they see you as a threat to them, their cubs, or their food, or they dislike you because of something you did to them. Perhaps Tatiana saw the young men as a threat. Perhaps they pissed her off. But a simpler explanation is that their behavior got the cat’s attention, and perhaps they crossed the fence and got too close to the edge, until at some point Tatiana identified Kulbir Dhaliwal as prey that had come within range. It seems significant that the attack occurred at twilight, since tigers are crepuscular, meaning they are most active then. It’s their favorite time to hunt.

Naturalist and western novelist Dane Coolidge wrote in 1901 that Indians classify tigers as game killers, cattle lifters, or man killers. People have suggested tigers become human killers because they develop a taste for human flesh. I believe tigers will eat almost anything — but they’re wary of taking on prey that might fight back effectively. They lose any hesitancy when they discover just how vulnerable we humans are. Tatiana proved she had no inhibitions about dining on human flesh when she attacked keeper Lori Kamejan in 2006.

Carlos Sousa Jr. apparently tried to distract Tatiana from her attempted "kill," and I use that term loosely since tigers naturally feed on prey that is still alive, and captive tigers are in-between creatures, psychologically speaking. Wild cubs learn from their mothers to dispatch prey effectively, but captive-bred tigers are never taught that skill. In terms of hardware, they may be the world’s finest killers, but their software is buggier than Windows Vista.

Tigers often have to protect their prey after an attack. They are followed by wild dogs and bears that try to scavenge their kills, and herd animals will sometimes try to rescue a herdmate. Tatiana most likely fought off the threat from Sousa, slashing his throat in the process, then tracked her wounded prey to finish what she started. It wasn’t a rampage, a vicious and angry outburst, as media reports have described it, just the methodical, instinctive actions of a top-of-the-line predator.

THE BIPED PROBLEM


If you look at what led up to Tatiana’s escape, you follow a trail of denial and avoidance.

Consider the players, starting with Zoo management and keepers.

Zoo staffers have known for almost a half century that a tiger could jump out of that grotto. Carey Baldwin, then the Zoo director, witnessed the escape with Rentz in 1959. His solution, according to Rentz’s blog, was to post instructions to keep the offending tiger indoors. Castor’s solution to Jack’s escape was to fill the moat with water, according to Alcaraz, but that practice ended after Jack died. Neither solution was permanent or designed to deal with the next strong-legged, strong-willed tiger to come along.

When Roth-Cramer witnessed the near escape, a passing keeper apparently laughed it off. She reportedly wrote a letter to then–Zoo director David Anderson, but there is no evidence her letter produced any response.

As far as we can tell, no one ever tried to convince the AZA or federal regulators that they needed tougher standards or tougher enforcement. No one took the story to the press or published a journal article to warn other Zoo professionals. No one posted public warnings, ordered changes to the grotto, banned tigers from the exhibit, or shut the lion house.

Mollinedo should have known about the problem if his keepers knew. But there seems to be a lot he doesn’t know, and previous Guardian reports and a recent Chronicle article suggest communication has broken down between employees, particularly keepers, and Zoo management. Lower-level staff complain of not being heard, not being consulted. Morale is low. Institutional knowledge is being lost as keepers quit in frustration.

And what about the regulators? Ron Tilson, the conservation director of the Minnesota Zoo, said in a Dec. 27 Chronicle story that the AZA standard, which he said was seven meters (closer to 23 feet), is "very conservative." Yet this has less than a 20 percent safety margin when you consider the conventional wisdom about how far a tiger can jump, and it is far less than reported leaps of 30 feet or more.

The day after the attack, the AZA issued a statement that "AZA accreditation standards contain no specific dimensions for big cat enclosures." The AZA did not return calls seeking comment, but what it provides is really a set of guidelines produced by advisory committees for a voluntary association composed of the very institutions being regulated. The guidelines aren’t consistently known and have never been fully implemented.

We know the AZA accredited the San Francisco Zoo despite a wall almost four feet shorter than the recommended height.

In 1974 the Philadelphia Zoo surveyed 10 other zoos about their tiger moats. It published the findings in the 1976 International Zoo Yearbook. San Francisco reported its moat was 13.5 feet deep. Detroit said its moat was 15.5 feet deep. Chicago’s moat was only 21 feet wide, and Tulsa reported between 15 and 20 feet. Oklahoma’s moat was only 17 feet wide. Half of the surveyed zoos couldn’t meet AZA recommendations.

There are signs the San Francisco Zoo did not meet other AZA standards. For example, the AZA’s 2008 Accreditation Standards and Related Policies states, "A written protocol should be developed involving local police or other emergency agencies." On Jan. 3, I e-mailed 20 questions to the Zoo’s public relations firm, many of which related to AZA standards. For example, I asked about the last emergency drill and about gun training. I also asked for copies of related Zoo policies. The Zoo never responded. But the next day Mollinedo announced that the Zoo is working with police at Taraval Station on a coordinated emergency response and that police and Zoo shooters will be training together.

The United States Department of Agriculture regulates zoos as exhibitors under the Animal Welfare Act. That act and the rules written to implement it are primarily meant to ensure healthy conditions for the animals. They contain specifications for the size of the fences around the outside of a zoo facility to keep unauthorized people out, not for the fences separating the animals from visitors.

And local oversight? The city owns the grounds and the animals. Zoo employees are part of the city employees union. But since 1993 the nonprofit San Francisco Zoological Society has owned the institution and operated it under a contract with the city. There were problems at the Zoo when the city ran it, but, as Sup. Tom Ammiano told me, "Nobody died."

The contract retains a role for the city through a Joint Zoo Committee of society board members and Recreation and Park Department commissioners. I have gone though the minutes of that committee going back several years, and I have to say the committee provides as much oversight as the stuffed animals in the Zoo’s gift ship. As Ammiano put it, "It’s all lip service."

The employee relations problems, the animal injuries and deaths (see Opinion, page 7), and other management issues at the Zoo are nothing new. Savannah Blackwell reported on these same sets of issues for the Guardian twice — see "The Zoo Blues" (5/19/99) and "The Zoo’s Losers" (5/7/03) — and there is no indication anything has been done.

The city’s contract with the Zoological Society and the Joint Zoo Committee should mean Zoo documents are public under the city’s sunshine laws. But the Zoo has not been forthcoming with key documents requested by the media. Sup. Sean Elsbernd has called for hearings, and Ammiano said there will be multiple hearings. "I think the key issues are accountability and transparency," he said.

The Zoo’s high-priced director has demonstrated that his knowledge of the animals under his care, the condition of his facilities, and the concerns of his staff are embarrassingly limited. In press conferences he looked befuddled, evaded questions, broke every rule of crisis communication, and speculated about the victims without clear information.

The Zoo hired Sam Singer, supposedly a crisis communication specialist, but I have attended multiple trainings in crisis communication, and I have to say he seems more like a fixer to me. And despite this, Mayor Gavin Newsom and the society’s board publicly support Mollinedo.

Mollinedo and his PR people have tried to direct blame toward the victims. Perhaps they were drunk, stoned, rowdy, throwing things — but if Tatiana was killed for being a tiger, it could also be argued that Sousa was killed for being a young man.

There’s a whole process of brain development that scientists are now beginning to understand. The maturation of brain cells through something called myelination starts from the back of the brain. The front of the brain, the seat of executive functions like judgment, matures last. Young people often don’t make good decisions. Boys, in particular, take unnecessary risks.

In the public health world, we understand this and concentrate on policies that control risk and reduce harm. This doesn’t mean we shouldn’t hold the survivors accountable for anything they might have done, but it does mean the Zoo has no business shifting the blame.

So where does that leave us? It leaves us with more avoidance than a tiger has stripes.

In the end, this was a human problem. People weren’t doing their jobs. They had not taken action when it was clearly needed. And in the end, the only innocent creature in this drama was the one that had no choice other than to be what she was. Her name was Tatiana.

And now she is dead, along with a young man whose parents loved and miss him very much.

Craig McLaughlin is a former Guardian managing editor. He is coauthor of Health Policy Analysis: An Interdisciplinary Approach (Jones and Bartlett, 2008).

“Why not do something really special?”

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› a&eletters@sfbg.com

DIY fever is raging right now, racing across bridges like a maddening epidemic here in the Bay. It’s so damn thick that I can feel it leeching onto the back of my throat and sticking there like the unpleasant stench of some urine-soaked thrash pad where 20-odd squatters, each with a dog, are hiding out. But times are tough, as the Bay Area underground music community discovered earlier this month when 21 Grand, the Oakland grassroots platform for experimental art and music, shuttered its doors. It was a shocking blow — proving, after the closures of Mission Records and Balazo 18 Art Gallery before it, that the outlook continues to be challenging when it comes to maintaining an all-ages performance space without the unfriendly rap on the window.

The members of Didimao — three San Francisco transplants from different parts of the globe — make up a minute fraction of those mourning the perhaps temporary loss of the East Bay arts hub. In fact, they seemed somewhat reluctant to talk about their two-year-old project, instead filling in the spaces left by my questions by glorifying the old Mission punk scene or changing the subject and plugging away at their favorite local band at the moment.

During our two-hour conversation at the Inner Richmond ice cream shop where bassist Matt Chandler works, the trio continuously stressed the impact outfits such as Dory Tourette and the Skirt Heads, Curse of the Birthmark, and TSA have had on Didimao. Guitarist-vocalist Sergey Yashenko must have name-dropped Stripmall Seizures — a group Chandler plays with — at least 15 times and at one point even proclaimed that the Seizures are the best band in the country.

As our discussion unfolded, however, at least one thing became pretty clear: Didimao simply aspire to share their music, which works an unconventional vein similar to that of their predecessors yet feels out of touch with the current Bay Area music scene. "Scenes get so specialized in this city. If you go to a noise show, it’ll be strictly noise. If you go to a free jazz show, it’s only free jazz," Chandler said. "There’s so much shit going on that it almost acts against itself. I come from a small town in Indiana, and all the people who make noise or who are in a weird rock band are forced to hang out together and influence each other. Here it seems like people who are into noise are into nothing else. And they’re fascist about it."

Noise — at maximum abrasiveness and volume — nonetheless happens to be the key ingredient in Didimao’s repertoire. On its self-titled debut on the Cococonk label, the group heavily recalls the Butthole Surfers at their most acid damaged, mixing cow-punk riffs with improvised moments of dark, tripped-out electronics and pummeling tumult. Yashenko’s guitar buzz-saws harshly with loose, Middle Eastern–inspired arrangements and feedbacked clatter, while his buried Slavic yodel sounds as animalistic as a howling dog. Chandler musters hasty, fuzz-prone bass lines to match the breakneck tempos of drummer Miguel Serra, and the two of them fluctuate from slam-dance explosiveness to free-rock noodlings to western rhythms and back again.

Serra clued me in that Didimao’s songwriting process is informed by both their limitations and how they’d like to sound. "I feel like a lot of our songs right now are dictated by what we don’t want to sound like as much as what we do want to sound like," he explained. "None of us are virtuosos by any means, so it’s kind of hard to have an idea of what you want to sound like and just pull it off.

"We come up with something and try and make it as acceptable to our standards as possible," Serra continued. "Recently, we’ve really wanted to be kickass, so on a lot of our new songs we’re, like, ‘How do we make this song kick more ass?’<0x2009>"

In addition to all of the ass kicking in the recording studio, Didimao have one other goal they would like to tackle in 2008, an ambition Yashenko returned to repeatedly throughout our chat.

"In the future, what we really want to be doing is playing mainly all-ages shows outdoors for free, because we all have jobs and don’t really need the money," he said. "In the end you probably end up doing all kinds of different shit, but after doing it so many times you want the shows to be this special event. So why not do something really special, you know? Like start doing shows in Ocean Beach at 3 a.m." *

DIDIMAO

With Trainwreck Riders, Stripmall Seizures, Tinkture, and People Eaters

Fri/4, 8 p.m., $6

924 Gilman Street Project

924 Gilman, Berk.

(510) 525-9926

www.924gilman.org

Learning from Enrique

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› news@sfbg.com

While chatting with her Guatemalan house cleaner one day, journalist Sonia Nazario casually asked the immigrant mother of four if she planned to have more children. The house cleaner broke down and began crying. She explained to Nazario, a Los Angeles Times reporter, that she hadn’t seen her kids in 12 years, having migrated to the United States so she could make money to send home to them.

Nazario realized her house cleaner’s plight was a common one among Central American women, whose families are so often abandoned by the fathers that the women must do whatever is necessary to ensure that their kids have enough to eat. "Most Americans don’t understand that kind of desperation," Nazario explained to a crowd at San Francisco Public Library’s Koret Auditorium on Nov. 28.

She felt bewildered that someone could come to work in the US while leaving her children behind to live in squalid conditions in Central America. At first, Nazario said, she even felt a bit judgmental. But her house cleaner’s story inspired Nazario to learn more about the level of desperation so many immigrants and their families live with.

Touched by the women’s sacrifices and curious to learn more about the struggles of immigrants — undocumented immigrants in particular — Nazario embarked on an epic journey that led to her writing a newspaper series about a Honduran boy named Enrique who braved numerous obstacles so he could reunite with his mother in the US.

The series won Nazario a prestigious Pulitzer Prize in 2003 and became the blueprint for her book Enrique’s Journey (Random House, 2006), which is currently being developed as an HBO special. Nazario’s work offers a complex and insightful perspective on an immigration issue that has often been oversimplified by pandering presidential campaigns.

TRAIN OF DEATH


Tens of thousands of Latin American youths travel from their home countries toward the US each year on top of trains. The perilous, Odyssey-like trip takes weeks to complete, and migrants rarely reach their goal on their first try. Enrique, for instance, attempted the journey eight times. Other immigrants try dozens of times.

Nazario, wanting to understand the struggles of undocumented immigrants as intimately as possible, replicated Enrique’s journey by boarding the top of a train in Tegucigalpa, Honduras, and riding through the heart of Mexico in a three-month excursion. Having received permission from Mexican officials and with the resources to spend the occasional night in a hotel, she didn’t rough it to the extent that migrants — adults and children alike — have to.

But that’s doesn’t mean it was easy. On returning to the US, Nazario began having nightmares about being raped by bandits during the journey and ended up in therapy to deal with the trauma.

The US-Mexico border, she noted, is far from the most daunting leg of the journey for these immigrants: the hardest part is the lush southern Mexican state of Chiapas, which migrants call "the Beast." The region is home to Mexican immigration authorities, corrupt cops who are out to shake down and deport travelers, and ruthless gangsters who control the tops of many of the trains. Mexico deports roughly 200,000 illegal immigrants each year, mostly from Central America.

Enrique still wears the scars of a beating he sustained at the hands of bandits. Torrid heat, all the more unbearable to those riding atop trains made of metal, exhausts and wears down the travelers in an unforgivable fashion.

They call the trains los trens de la muerte, or the trains of death, due to the regularity of death and maiming that occurs when immigrants fall off. Nazario, during her trip, was once hit in the face with a branch and nearly tumbled off the train top, an experience she describes as "harrowing."

HUMAN FACE


The ubiquity of bandits and harmful forces along the railroads is not without a yang to its yin. The enormous compassion of the people of Veracruz, an impoverished region in the south of Mexico, made an indelible impact on Nazario. When trains pass by villages, crowds of supportive villagers throw food and water to the migrants. When townsfolk have no material possessions to share with the immigrants, they offer them their prayers.

Nazario has not only studied the physical dangers experienced by undocumented immigrants during their northbound trips but also analyzed the psychological toll taken by splitting up families. Enrique and many children like him have often wondered of their absent mothers, "Does she really love me?" Enrique, whose mother left him when he was five and was apart from him for 11 years, would stare out his window every Christmas during his mother’s absence, hoping for her return.

Hundreds of thousands of Latin American children have trouble adjusting socially without parental guidance. Given that many fathers in Latin America’s third world enclaves "stray in more ways than one," as Nazario said, many mothers come to the US to find work. Sometimes children like Enrique grow up resenting, even hating, their mothers. Most mothers, Nazario learned, only intend to be away for a year or two, but when they discover that the quality of life and opportunities in America aren’t quite as golden as advertised, their stays become extended indefinitely.

Nazario learned through countless interviews that many children left behind can’t fully comprehend why their mothers left, and they say they’d rather remain penniless than apart.

CROSSING OVER


The immigration debate is hotly contested in the US, particularly in the wake of the May Day protests and the George W. Bush administration’s failure to pass a comprehensive immigration reform package. Rather than bombard listeners and readers with ideological pleas to mend America’s broken immigration system, Nazario mixed her humanizing account of the immigrants’ hardships with relevant facts. Dedicated journalist that she is, she parroted neither the La Raza talking points nor Pat Buchanan’s.

Around 100,000 children like Enrique cross the US border annually in search of their parents. And while the US permits about one million immigrants to enter the country legally each year, they are joined by an additional 850,000 people who enter illegally. Business interests seeking "cheap and compliant" labor lobby on behalf of the influx of undocumented workers, Nazario explained.

Undocumented immigrants undoubtedly do many jobs that Americans won’t, Nazario noted, most prominently agricultural and domestic work.

That said, the large number of undocumented immigrants does undercut wages for some Americans and denies citizens and legal immigrants jobs in fields like construction.

SOLUTIONS


"The women I talked to said it wouldn’t take radical changes to keep them in Honduras," Nazario told her audience. The US, she argued, must play a more proactive role in helping Latin American nations develop their economies. For instance, many products the US imports from China could just as easily be manufactured in countries like Honduras, which would dramatically reduce the number of illegal immigrants from Central America and keep more families together.

In an e-mail to the Guardian, Nazario said that if the US is serious about reducing the flow of undocumented immigrants through its borders, it should not only supply foreign aid to nations in need but also provide "micro-loans through NGO’s to women to create jobs in these countries. They then pay back the loan, which can go to another woman to start a business, and create jobs."

A quarter of El Salvador’s citizens, she added, live outside the country, mostly in the US. Were it not for El Salvador’s dismal economy, most of those people would choose to remain in their native land.

Renee Saucedo, the community empowerment coordinator for La Raza Centro Legal in San Francisco, an immigrant rights organization, told us that "using enforcement and punitive policies are never going to be effective…. Many of the reasons people are forced to uproot their families are because of global free trade agreements." Saucedo said the only effective way to deal with the issue of illegal immigration is to develop policies that serve the poor majority, not the economic elite.

Nazario believes, based on her conversations with countless immigrants, that the US government’s decision to build a fence along the border with Mexico is wasteful and will not accomplish its goals. "People this determined will find their way over a wall, under a wall, around a wall." *

Homes for whom?

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› sarah@sfbg.com

After years of letting the free market dictate San Francisco’s housing mix — as a result steadily losing ground on the city’s affordable housing goals — the Board of Supervisors appears primed to place an ambitious bond measure on the fall 2008 ballot to address the housing imbalance.

Winning the necessary support from two-thirds of voters won’t be easy, coming on a ballot with the majority of supervisorial seats up for grabs, the presidential election, and a likely bond measure for rebuilding General Hospital. But Sup. Chris Daly, author of the affordable-housing bond measure, believes it’s a good time to have progressives focus on this most important of problems facing the city.

Last summer affordable-housing funds became a political football in a budget showdown between Daly and Mayor Gavin Newsom, a fight Newsom won, leading to a budget that prioritizes clean streets and a beefed-up Police Department over affordable housing. Newsom’s reelection campaign, which was just gearing up at the time, successfully cast Daly as the villain after the occasionally hotheaded supervisor threatened to bolster housing funds by cutting Newsom’s "pet projects," as Daly called them, which included a community justice center, a Police Academy class, street trees, and the Small Business Assistance Center.

Daly clearly lost that duel when he was savaged by the media and removed from his chair on the Budget Committee by board president Aaron Peskin. But now Daly has bounced back on the issue and secured solid support for his measure, which progressives and affordable-housing activists are already gearing up to fight for next year.

"Just because Newsom had a significant political operation this year does not mean that the affordable-housing issue went away," Daly told the Guardian after securing support for the amendment from six of his colleagues and a broad coalition of housing activists.

The measure would set aside $2.7 billion in city funds for affordable housing over 15 years. It is cosponsored by Sups. Tom Ammiano, Jake McGoldrick, Ross Mirkarimi, Gerardo Sandoval, Sophie Maxwell, Bevan Dufty, and Peskin and backed by Coleman Advocates for Children and Youth (which has made affordable family housing its top priority), the San Francisco Organizing Project, and the Housing Justice Coalition.

The measure would give affordable housing the same baseline of funding that the city already allocates to the Recreation and Park Department fund and the Library Preservation Fund — and less than what it sets aside for the Children, Youth and Families fund, the police fund, and the fire station maintenance fund.

"If we don’t have affordable housing, who is going to use the parks and the libraries?" housing activist Calvin Welch asked.

The amendment would also require the Mayor’s Office of Housing to prepare an affordable-housing plan every three years, present an annual affordable-housing budget, and complete these steps before the rest of the mayor’s budget proposals are finalized.

"I hope these provisions will bring some much-needed transparency and clarity to the affordable-housing process so we can avoid the train wreck of last year," Welch said.

In a June 8 editorial still posted at Newsom’s www.actlocally.org reelection Web site, the San Francisco Chronicle appears to have bought the mayor’s spin that Daly’s request to prioritize housing was all just political theater.

"There was nothing wise or efficient about Supervisor Chris Daly’s bald political ploy to strip $37 million from Mayor Gavin Newsom’s budget priorities and shift most of it into affordable housing," the Chronicle claimed. "Now let’s be clear. We know that San Francisco does need housing. Newsom’s budget also acknowledges the shortage, pumping $217 million into housing programs."

But, according to Welch, "the lie was that Newsom allocated $217 million when he really only allocated $78 million and the board added a further $10 million to the pot…. Newsom was taking credit for more than he was actually allocating and using those other funds to imply that he’d already used a massive amount of the General Fund when he was, in fact, allocating less than the year before. So he was actually talking about a cut."

Newsom press secretary Nathan Ballard told the Guardian that the total affordable-housing budget for fiscal year 2007–08 was $226 million — and of that total budget, "just approximately $90 million is General Fund dollars.

"The balance of funding (the difference between $226 million and $90 million) is a whole variety of other funding sources," he added, listing inclusionary housing in-lieu fees, redevelopment funds, jobs housing linkage fees levied on private development, federal and state sources, and other funds, many of which accumulate over many years, further distorting the budget picture.

But Welch said the housing situation is grim. As he told us, "The truth is that 92 percent of the city’s population can’t afford housing."

Daly’s affordable-housing amendment awaits a Jan. 8 board vote, following a request by Maxwell to allow for affordable housing to be built on sites used under the San Francisco Housing Authority — the so-called Hope SF program — a request Daly supports.

"My issue with Hope SF is [with] any proposal to build a large number of market-rate units on public housing sites," Daly explained, referring to a central tenet of the Newsom-created program.

Meanwhile, a June 2008 ballot measure being pushed by Newsom, Sen. Dianne Feinstein, and a host of other prominent local power brokers threatens to drain what little money the city does have for affordable housing in order to subsidize a massive push by Lennar Corp. to build 8,000 to 10,000 new houses in Candlestick Point, Hunters Point, and the Bayview.

Other than committing to replace low-income Alice Griffith public housing units at a one-to-one ratio, the Bayview Jobs, Parks and Housing Measure does not specify what percentage of the Lennar-built homes will be considered affordable or sold below market rates. Publicly, backers of the measure are presenting the efforts as focused on building a new stadium for the San Francisco 49ers, even though the team has said it would rather move to Santa Clara. Yet the campaign is also keenly aware of the public support for more affordable housing, at least if its ground-level pitches are any indication.

A paid signature gatherer who was recently working the 24th Street BART station (and who also told a Guardian source he was getting the unusually high sum of $2.50 per signature) presented the proposal to passersby as "an affordable housing measure."

Murdoched: the Stockton Record is next

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By Bruce B. Brugmann

As things get tougher and tougher in the newspaper business, there are two jobs that are the toughest of all. One is writing the obituary for your own paper and your own job. The other is writing the story that tries to explain why the daily paper you work on keeps getting peddled about like the stakes in a Las Vegas poker game.

The latest example of the second story appeared in today’s Stockton Record by an unlucky soul by the name of Mike Klocke. He starts out as these stories usually do, citing the honor that came once upon a time to the paper when it was owned by a local family.

“The Irving Martin Assembly Room at the Record is named for the newspaper’s founder, whose family owned the business for its first 74 years,” Klock wrote. “Ironically, if the day comes when The Record once again is sold, employees will get the news in the upstairs room that honors one of Stockton’s historic figures.

“I bring this up because of last week’s $5 billion offer by publishing magnate Rupert Murdoch to purchase Dow Jones @ Co. The community newspaper division of Dow Jones, Ottaway Newspapers Inc., owns the Record.”

Wait a moment. There is a telling detail: the date on the story is May 6, 2007, the date of Murdoch’s offer to buy Dow Jones, and the Record is running the exact same story six months later on the day that the sale is finalized back on Wall Street.

Bravely, Klocke goes through the Record history of five owners since Loretta Martin ended the family’s association with the Record in l969. The Record, he says, “has been somewhat akin to a baton in a track meet relay.
The Martin family sold to Speidel Newspapers Inc. (l969: which merged with Gannett Newspapers Inc (l977), which sold the Record to the Omaha World-Herald (l994), which sold to Ottaway (2003).

Still more bravely, Klocke writes that “uncertainty can be draining on employees at all levels. If you’re not careful, it can make you lose your focus. I’Ive always believed working in the newspaper business is a mission. We cover news aggressively, help you decide where to shop with advertisements and put the newspaper on your driveway each morning.

“We also now put news and advertising at your fingertips online throughout the day. We also have a bit of the chameleon in our DNA. We embrace challenges and adapt to new environments. The future? Who knows?

“The Record could be sold again, or Ottaway (Dow Jones) still could own the company for decades. Our business model, news-gathering approach and company makeup likely will continue to change.

“Our commitment to the mission and the communities we serve will not falter.”

Idle question: Why can’t reporters who think like this, and editors who allow this kind of story to run when their papers are in play, end up running our valuable community daily papers?

Well, the word from my sources out in the valley is that there are only two real possible buyers: Singleton or McClatchy newspapers, both of whom already own a dangerously huge chunk of the California newspaper business.

They are members in what I call the Galloping Conglomerati. And they are poised to pounce at the very same time that the Big Media are blacking out or marginalizing the major Big Media story that the FCC is about to open the floodgates to even more local media consolidation and even more junk news. (See my blow below.)

Where it all will end knows only God. B3

Owners might change — but not the mission

The Irving Martin Assembly Room at The Record is named for the newspaper’s founder, whose family owned the business for its first 74 years.

Ironically, if the day comes when The Record once again is sold, employees will get the news in the upstairs room that honors one of Stockton’s historic figures.

I bring this up because of last week’s $5 billion offer by publishing magnate Rupert Murdoch to purchase Dow Jones & Co. The community newspaper division of Dow Jones, Ottaway Newspapers Inc., owns The Record.

Murdoch’s eyes, of course, are on The Wall Street Journal and Dow Jones’ myriad successful online ventures. For now, he’s been rebuffed by Dow Jones’ controlling shareholders.

News industry speculation is intensifying about whether this is a first foray by Murdoch and whether other potential buyers will materialize.

As for The Record? Editor and Publisher magazine’s online site reports that New England-based GateHouse Media Inc., a very active recent buyer of newspapers, would be a likely bidder for Ottaway.

GateHouse doesn’t have a West Coast presence, so The Record could in turn be sold to a company with successful California “clustering” of newspapers such as McClatchy (Sacramento, Modesto, Merced and Fresno) or MediaNews (Bay Area papers).

McClatchy and MediaNews both have pursued buying The Record in the past.

Sure, it’s speculation at this point. It’s difficult not to ponder the future when there’s the potential for a fifth different owner since Loretta Martin decided to end the family’s association with The Record in 1969.

In the past 38 years, The Record has been somewhat akin to a baton in a track-meet relay.

The Martin family sold to Speidel Newspapers Inc. (1969), which merged with Gannett Newspapers Inc. (1977), which sold The Record to the Omaha World-Herald (1994), which sold it to Ottaway (2003).

I’ve worked for three of the owners, and they’ve all contributed in positive ways to the company and community.

Ottaway – with excellent guidance and financial support from Dow Jones – made the dream of a new press facility a reality.

Company executives didn’t waste any time, telling us within 30 days of their ownership to get moving on the long-overdue project. The new press became a reality less than two years later.

Ottaway has given us – and Record readers – something we’ve needed for decades. Our Web site development also has been an Ottaway initiative.

The Omaha company proved to be a very good newspaper steward in its nine years of ownership. Omaha executives invested in The Record, and I believe the newspaper truly reconnected with the community during that time.

The Gannett years were, at times, tumultuous. Some excellent longtime employees were hired in various departments back then, and The Record benefited from the opportunities presented by a large, national chain.

Speidel was before my time.

Business uncertainty can be draining on employees at all levels. If you’re not careful, it can make you lose your focus.

I’ve always believed working in the newspaper business is a mission. We cover news aggressively, help you decide where to shop with advertisements and put the newspaper on your driveway each morning.

We also now put news and advertising at your fingertips online throughout the day.

We also have a bit of the chameleon in our DNA. We embrace challenges and adapt to new environments.

The future? Who knows?

The Record could be sold again, or Ottaway (Dow Jones) still could own the company for decades.

Our business model, news-gathering approach and company makeup likely will continue to change.

Our commitment to the mission and the communities we serve will not falter.

Contact Klocke at (209) 546-8250 or mklocke@recordnet.com.

Click here for article.

Keats in orbit

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By Chris DeMento

Jonathon Keats did not fail philosophy by any stretch. But it failed him. Frustrated with Science’s inability to account for the very uncertainty it breeds, disconcerted by elaborate, infinitesimally ornate re-explanations of theoretically problematic anomalies embedded in the canon, tired of the validity namegames and the cyclical limits of Rationalism, the scholarly Keats has turned away from the strictures of logic and embraced another mode altogether: making art of his arguments.

Keats’ latest installation at Modernism Gallery, “Miracle Works,” demonstrates the boundlessness of his curiosity. During a recent interview, he talked about quite a few intergalactic possibilities and the cosmic multi-dimensionality of his work, which means I listened with one ear open while the other received, through an earphone, a half-hour-long sonata for astral organ, which simulated the pressure-sound of stars decaying (they thrum away at about 30,000 octaves below what the human ear can process).

Using math chops, a working knowledge of astrophysics (both its literature and its tablature), his formidable imagination, and a little program Steve Jobs likes to call GarageBand, Keats has arranged what he calls “an opus for the spheres,” transposing heretofore inaudible frequencies into a listenable key, collapsing lightyears and making them both intelligible and accessible.

orbit.keats.1.jpg
One of Keats’ orbit systems (print)

Year in Music: Rather ripped

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I traded one obsession for another in 2007, a tedious game of music on a Möbius strip. Eleven months ago I had some 10,000 CDs — few of them ripped — a couple of 150 gig hard drives packed with MP3 files, and a tiny apartment with no room to move, and I mean it. So I ripped and I ripped and I ripped some more — disc by disc, day after day, week after week. When I looked back, I’d moved the music from 5,000 CDs to a quartet of 250 gig GDrives, and I was ready, sort of, to head for Amoeba Music’s buyback counter. It seemed like a good idea at the time.

The shadow of Steve Jobs hovers, uncomfortably close to my soul. I’m all Apple, all time — it’s a ball of convenience that picked up steam over the years until process became pleasure, a mystery dance played out in zeroes and ones. Classic? Nano? Touch? Shuffle? I have iPods like some people have shoes. CDs? Vinyl? Not in these parts.

It wasn’t always so. I once had speakers that cost more than my car. They’d generate music so thick, rich, and three-dimensional I could swim in it — and that was straight. Did you ever listen to Jimi Hendrix doing Bob Dylan’s "All Along the Watchtower" on audiophile headphones? Were you ever experienced? So much the better to appreciate a guitar that spoons down and back up, constrained and compressed — a short loop that suddenly wah-wahs into a new dimension. As a woodblock reverberates in the distance, Hendrix greets the howling wind with an exhilarating roar of his own.

But that was then, apparently, because now is all about MP3 files. Besides, I live in Los Angeles, and people go out in LA. Who wants to spend life stoned, listening to music in a fucking apartment? I can pack the essentials onto a slim, white, 160 gig object, hook it to a noose around my neck, and have more music than I will listen to in the next five years — never mind the obvious question. I’ve got a score for the car wash, for grocery shopping, for the laundry, for my commute.

I love music as much as I ever did, yet digital toys shape not just when and where I listen but also how it sounds. It’s not just that the frozen food aisle at Safeway isn’t ideal for anything other than frozen food, much less listening to the new Radiohead album, In Rainbows (self-released), or the Flaming Lips’ 2002 masterpiece, Yoshimi Battles the Pink Robots (Warner Bros.). I heard both this year while purchasing ice cream. The truth is MP3s sound like shit.

Fortunately — or not — technology is cooperating on the other end. Of course I’m all for Pro Tools, the M-Box, and opportunity in our fabulous democratic world. This is the era of the bedroom studio. You too can have a hit record — DIY, and I mean it. Much if not most of the music I run across these days, no matter how well crafted and played, sounds like it was recorded at home. Which is to say, one might as well download a tune, put it on your iPod, and head out for the market.

There was a time when the recording studio was a place to explore sonic possibility — where music was enhanced with richness and surprise. Those days are gone, lost in the dot-com world, and damned if I’m going to be a square wheel. I got so busy ripping and keeping up that it was months before I knew what I was missing.

TOP 10 ALBUMS


<\!s><0x0007>Miles Davis, The Complete On the Corner Sessions (Sony Legacy)

<\!s><0x0007>Angie Stone, The Art of Love and War (Stax)

<\!s><0x0007>Sly and the Family Stone, The Collection (Epic/Legacy)

<\!s><0x0007>James Brown, The Singles Volume 4: 1966–1967 (Hip-O Select)

<\!s><0x0007>Rahsaan Patterson, Wines and Spirits (Artistry)

<\!s><0x0007>The Nightwatchman, One Man Revolution (Epic)

<\!s><0x0007>The Best of the Johnny Cash TV Show DVD (Sony Legacy)

<\!s><0x0007>Queens of the Stone Age, Era Vulgaris (Interscope)

<\!s><0x0007>Emmylou Harris, Songbird: Rare Tracks and Forgotten Gems (Rhino)

<\!s><0x0007>Mavis Staples, We’ll Never Turn Back (Anti-)

Consumerist crap for the holidays

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› annalee@techsploitation.com

TECHSPLOITATION For the holidays, I don’t want to do something nice for the earth. I don’t want to buy special laptops loaded with Western video games and imagery for kids in Africa without computers. I don’t want to get handmade iPod covers from the Etsy online store that nurtures local craftspeople. And I don’t want to go off-line for a day to commune with people in the real world.

I want toxic Chinese toys covered with paint that will make me hallucinate. I want a sparkly-crap mobile phone that will break within a week and turn into circuit-board garbage that cannot be recycled and will therefore be shipped to developing countries where it will be hacked and resold. I want a media device that’s wrapped in so many layers of plastic and nonrecyclable material that the very act of opening it is like smashing my carbon footprint onto the face of Mother Earth. I want a useless gizmo mass-produced by machines that stole jobs from nonunionized workers who stole jobs from the natives.

In short, I want a Nintendo Wii.

It’s the biggest-selling video game console ever, and it’s made from so much biosphere-destroying garbage that I’ll be scrubbing methane out of the air for the rest of my life to make up for even thinking about owning one. Plus, Wii controllers are motion sensitive, which means they strap onto your body. Every time I use my Wii — which, I would like to underscore, I do not yet own — I will be turning myself into a literal extension of my machine.

Do you hear that, hippies? I want to strap electronics to my body and trance out to violent imagery while I wave my arms around, killing imaginary things. That’s what I want to do for the holidays.

But the Wii isn’t just a consumer electronics death monster. It’s also something I think everyone should own or at least try out, because it truly represents the future of technology. The fact that people can now interact with a video game simply by waving their arms — and the video game "sees" the waving and responds to it onscreen — is revolutionary. There’s a good reason why Wiis are popular with people of all ages, unlike most game systems. They respond to natural human movement rather than force people to learn elaborate combinations of buttons and knobs on bizarrely shaped controllers. The Wii is a machine made for humans.

Already those humans are figuring out ways to repurpose the Wii and make it work with other kinds of devices. There’s a Wii DJ (called, of course, WiiJ) who uses his Wii controllers to cue up and mix tracks on a computer. Somebody else is using a Wii controller to operate Bluetooth devices. And so on. The point is, the Wii is cool not because it’s a video game system but because it’s introduced a new way of interacting with computers. If you want to know what a home computer setup will look like in 10 years, play with a Wii. Your mouse will soon be replaced with a motion-based setup. You’ll point with your finger and click by tapping two fingers together. Or by saying click.

I don’t mean to romanticize the Wii, because it is, after all, just another thing with built-in obsolescence. It’s a toy you’ll throw away without thinking, consigning it to an unknowable half-life as indigestible silicon shards. It sucks when great future innovations are doomed to become garbage that may last longer than the benefits of the innovation itself.

But if the holidays are a time of reflecting on the past and the future, you might as well hang out with your friends and play Guitar Hero on the Wii. After all, donating to cool charities and supporting local artists is something you should be doing all year. You should buy a cute present for your sweetie from Etsy when it strikes your fancy, not just when the capitalist juggernaut tells you to. And, of course, you should never be off-line for a day. That’s just taking things too far.

Annalee Newitz is a surly media nerd who will be online for the next 50 years.

Polishing SPUR

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› amanda@sfbg.com

Wedged among the commerce, tourism, and white-collar businesses north of Market Street is the slim entry to 312 Sutter, easy to miss unless you happen to be searching for the San Francisco Planning and Urban Research Association. SPUR occupies the fourth and fifth floors of the building — and occupies them completely. Cubicles are close and overstuffed. Conversations compete. Space for meetings is a hot commodity. Four bicycles, ridden to work by staff members, are crammed in a side room where languish a half century’s worth of policy papers, photographs, and planning documents generated by the active public interest think tank.

It looks more like a struggling nonprofit than one of the most influential policy organizations in town, one supported by the city’s richest and most powerful interests.

"This is why we’re building the Urban Center," said Gabriel Metcalf, the youthful executive director of the 48-year-old organization, clad in a dark suit and sipping from a Starbucks coffee cup while he roams the fourth floor office space searching for any available real estate to sit and talk.

He settles on an open-faced workroom with empty seats. They circle a table covered with a thick ledger of plans for SPUR’s new Urban Center, a $16.5 million, 12,000-square-foot four-story building at 654 Mission that the group is building with more than $8 million in public money.

Plans for the center include a free exhibition space, a lending library, and an evolution of the group’s current public education program, now consisting of noontime forums, to include evening lectures and accredited classes. Though the center will house meeting rooms for SPUR’s committees and offices for its staff, the suggestion is that the new space will be a more public place.

And SPUR seems to be searching for a new public image.

For years the organization was synonymous with anything-goes development, ruinous urban renewal, and an economy policy that favored big business and growth at all costs. Today SPUR’s staffers and some board members present a different face. The new SPUR features open debate and seeks consensus; phrases like sustainability and public interest are bandied about more than tax cuts and urban renewal.

But San Francisco progressives are a tough crowd, and SPUR’s history — and, frankly, most of its current political stands — makes a lot of activists wonder: Has SPUR really changed its spurs? And can a group whose board is still overwhelmingly dominated by big business and whose biggest funders are some of the most powerful businesses in town ever be a voice of political reason?

As one observer wryly noted, "I’ve yet to see SPUR publicly denounce a development project."

SPUR considers itself a public policy think tank, a term that conjures an impression of lofty independence. But the group has, and has always had, a visible agenda. SPUR members regularly advocate positions at public meetings, and the group takes stands on ballot measures.

And it has a painful legacy. "We have a dark history," Metcalf admits, referring to the days when "UR" stood for "urban renewal," often called "urban removal" by the thousands of low-income, elderly, and disabled people, many African American and Asian, who were displaced by redevelopment in San Francisco.

That history — and the fact that SPUR’s membership is largely a who’s who of corporations, developers, and financiers — has caused some to raise questions about the public money the group has received for the new Urban Center.

"They’re not an academic institution," said Marc Salomon, a member of the Western SoMa Citizens Planning Task Force who’s butted heads with the group. "There’s no academic peer review going on here. The only peer review is coming from the people who fund them."

Yet prominent local progressives like artist and planning activist Debra Walker, veteran development warrior Brad Paul, and architect and small-business owner Paul Okamoto have joined the SPUR board in recent years. "There’s a bunch of us that have come in under the new regime of Gabriel Metcalf because there’s a real aching need for a progressive dialogue about planning," said Walker, who thinks SPUR is making concerted efforts to inform its policies with the points of view of a broader constituency. "I think SPUR is engaged in those conversations more than anyone."

SPUR defines its mission as a commitment to "good planning and good government." Though a wide range of issues can and does fall under that rubric, the 71 board members and 14 staff tend to focus on housing, transportation, economics, sustainability, governmental reform, and local and regional planning, and their agenda has a dogged pro-growth tinge.

SPUR likes to trace its history to the post–1906 earthquake era, when the literal collapse of housing left many people settling in squalid conditions. The San Francisco Housing Association was formed "to educate the public about the need for housing regulations and to lobby Sacramento for anti-tenement legislation." A 1999 SPUR history of itself places its genesis in the Housing Association, though other versions of the group’s history suggest a slightly different taproot.

According to Chester Hartman’s history of redevelopment in San Francisco, City for Sale (University of California Press, 2002), the 1950s were a time when corporate-backed regional planners were envisioning a new, international commercial hub in the Bay Area. They were looking for a place to put the high-rise office buildings, convention centers, and hotels that white-collar commerce would need. Urban renewal money and resources were coming to the city, and San Francisco’s Redevelopment Agency identified the Embarcadero and South of Market areas as two of several appropriate places to raze and rebuild.

The agency, however, was dysfunctional and couldn’t seem to get plans for the Yerba Buena Center — a convention hall clustered with hotels and offices — off the ground. The Blyth-Zellerbach Committee, "a group the Chamber of Commerce bluntly described as ‘San Francisco’s most powerful business leaders, whose purpose is to act in concert on projects deemed good for the city,’<0x2009>" as Hartman writes, commissioned a report in 1959 by Aaron Levine, a Philadelphia planner, which identified the Redevelopment Agency as one of the worst in the nation and recommended more leadership from the business community. The San Francisco Planning and Urban Renewal Association was born, funded by Blyth-Zellerbach, whose leaders included some corporations that still pay dues to SPUR, like Bechtel, Bank of America, Wells Fargo, and Pacific Gas and Electric Co.

John Elberling, a leader of the Tenants and Owners Development Corp., a group representing the people who were trying to stay in the area, was one of many activists who litigated against the city’s plan and managed to wedge some affordable housing into the developers’ vision of South of Market. SPUR, he told us, was "explicitly formed to support redevelopment issues in the ’60s and ’70s."

By 1974, when Paul began fending off redevelopment efforts around the Tenderloin and directed the North of Market Planning Coalition, "all through that period SPUR was viewed by the community as a tool for the Chamber of Commerce," he said.

In 1976, "Urban Renewal" became "Urban Research," a move away from the tarnished term. The 1999 commemoration of SPUR’s 40th anniversary is a somewhat sanitized history that never presents the faces of the people who were displaced by the program; nor does the analysis nod significantly toward the neighborhood groups and activists who were able to mitigate the wholesale razing of the area.

That’s still a soft spot for SPUR, some say. "They’re uncomfortable with questions of class. Those questions tend to be glossed over," said Tom Radulovich, executive director of Livable City and a SPUR board member from 2000 to 2004.

Metcalf doesn’t duck the issue. "If you’re a city planner, you’ve got to meditate deeply on urban renewal, even though you didn’t do it. It’s the only time in urban history that planners were given power, and that’s what they did with it," he said.

Besides a long friendship with powerful businesses, SPUR has frequently enjoyed an intimate relationship with city hall. "They morphed in the ’80s into a good-government, good-planning group, but in fact they were really tight with the [Dianne] Feinstein administration," Elberling said. "One of the ways you got to be a city commissioner was by being a member of SPUR. Feinstein’s planning and development club was SPUR."

Mayor Feinstein’s reign is often remembered as a boom in downtown development — at least until 1985, when San Franciscans for Reasonable Growth succeeded in passing Proposition M, a measure severely limiting annual high-rise development. SPUR opposed the measure and still supports increased height and density along transit corridors in the city.

"SPUR always goes with more," Radulovich said. "Sometimes there’s a trade-off between sustainability and growth, and I don’t have much confidence they won’t go with growth."

A March SPUR report, "Framing the Future of Downtown San Francisco," is one example of a cognizance of other options, weighing the pros and cons of expanding the central business district or transforming it into a "central social district": "While office uses remain, the goal of a CSD is to create a mixed-use, livable, 24-hour downtown neighborhood." Another line in the report offers a telling look at how SPUR thinks: "Economic growth in the CSD model may be diminished as the remaining sites for office buildings become used for new residential, retail, or other non-office uses."

Retail means, in fact, economic growth. A 1985 Guardian-commissioned study of small businesses in San Francisco, "The End of the High-Rise Jobs Myth," found that most of the new jobs created in the city between 1980 and 1984 were not in the downtown office high-rises but around them. Businesses with fewer than 99 employees had generated twice as many jobs as those with more employees.

While the numbers may be different today, the concept that neighborhood-serving retail keeps a local economy healthy has only grown stronger, as has public sentiment against chain stores. Yet SPUR opposed a proposition calling for conditional-use permits for formula retail, which voters approved in 2006.

Over the years SPUR’s political record has been checkered. Though the group talks the good-government talk, it opposed propositions establishing the city’s Ethics Commission and reforming the city’s Sunshine Ordinance. According to Charley Marsteller, a founder of Common Cause and a longtime good-government advocate in San Francisco, "Common Cause supported initiatives in 1995, 1997, 1999, 2000, 2002, and 2005. SPUR opposed all of them."

This November, SPUR came out in favor of Proposition C, which calls for public hearings before measures can be placed on the ballot, but opposed Question Time for the mayor. The group gave a yes to the wi-fi policy statement and approved establishing a small-business assistance center — contrary to past stances.

SPUR isn’t afraid to defend its positions. "Those who disagree with a conclusion SPUR reaches object to us presenting our ideas as objectively true rather than as values based," Metcalf notes in the May SPUR report "Civic Planning in America," in which he surveys other similar organizations.

"And in truth, evidence and research seldom point necessarily to one single policy outcome, except when viewed through the lens of values. We want to stop sprawl. We want housing to be more affordable. We want there to be prosperity that is widely shared…. Perhaps it’s time to grow more comfortable with using this language of values," he writes.

Paul, who’s now program director for the Haas Jr. Fund and has served on the SPUR board for seven years, says the group is indeed changing. "Over the last six to eight years I’ve noticed a real shift on the board," he said. "We have really intense and interesting discussions about issues. People feel they can speak their mind."

Okamoto, a partner in the Okamoto Saijo architectural firm, thinks this is the result of a fundamental shift in planning tactics, due to a more recent and deeper comprehension of the coming environmental crises. "Global climate change is moving things. I think SPUR’s going in the same direction," he said. Okamoto joined SPUR "because I’d like to see if I could influence the organization toward sustainability. Now we have a new funded staff position for that topic."

And yet the fact remains that only 5 of the 71 board members — about 7 percent — can be described as prominent progressives. At least half are directly connected to prominent downtown business interests.

And a list of SPUR’s donors is enough to give any progressive pause. Among the 12 biggest givers in 2006 are Lennar Corp., PG&E, Wells Fargo, Westfield/Forest City Development, Bechtel, Catellus, and Webcor.

In the past 10 years SPUR’s staff has doubled, signaling a subtle shift away from relying mainly on the research and work of board members. One of the newest positions is a transportation policy director, and that job has gone to Dave Snyder, who helped revive the San Francisco Bicycle Coalition in 1991, founded Livable City, and spent seven years on SPUR’s board before taking the job.

Having occupied the new post for a year, he said, "If I left, it wouldn’t be because I didn’t like SPUR. The debates we have at the staff level are more open than I expected."

Proposition A, the November transportation reform measure, is one example of the group’s new approach. The group voted a month earlier than usual to endorse a measure that was directly in opposition to the interests of one of its biggest funders, Gap billionaire Don Fisher (the Gap is also a member of SPUR). According to Walker, when the SPUR board vetted the endorsements the number of no votes for Prop. A was in the single digits. "I was so surprised," she said.

SPUR opposed Proposition H, a pro-parking countermeasure largely funded by Fisher, and worked with progressives on the campaign.

Metcalf noted it was the ground troops who made all the difference. "We don’t have [that kind of] power, and there are other groups that do. We wrote it, but we didn’t make it win. The bike coalition and [Service Employees International Union Local 1021] did," he said.

Sup. Aaron Peskin, who brokered much of the Prop. A deal, called it a sign of change for SPUR. "They probably lost a lot of their funders over this."

Radulovich is still dubious. He jumped ship after witnessing some disconnects between the board and its members. Though SPUR asks members to check their special interests at the door, Radulovich couldn’t say that always happened and recalled an example from an endorsement meeting at which a campaign consultant made an impassioned speech for the campaign on which he was working.

As far as his board membership was concerned, Radulovich said, "there were times I definitely felt like a token…. Development interests and wealthy people were much better represented."

Some say that isn’t about to change. "SPUR has been, is, and I guess always will be the rational front for developers," said Calvin Welch, a legendary San Francisco housing activist. "The members of SPUR are real estate lawyers, professional investors, and developers. Its original function was to be the Greek chorus for urban renewal and redevelopment."

Welch and Radulovich agree SPUR doesn’t represent San Franciscans, and Welch suggests the Dec. 4 Board of Supervisors hearing on an affordable-housing charter amendment was a case in point. "The people who got up to speak, I’d argue that’s San Francisco, and it doesn’t look a fucking thing like SPUR."

SPUR recently applied for a tax-exempt bond capped at $7 million from the California Municipal Finance Authority to help pay the cost of SPUR’s new Urban Center. It’s a standard loan for a nonprofit — SPUR is both a 501(c)(3) and 501(c)(4) — but some neighborhood activists raised questions about whether SPUR’s project is an appropriate expense for taxpayer cash.

"There’s no city money going toward the Urban Center, but by using tax-exempt bond financing they’re depriving the US Treasury of tax revenues," Salomon said. "The people who are funding SPUR can afford to buy them a really nice building, with cash."

The Urban Center also received a $231,000 federal earmark from Rep. Nancy Pelosi, whose nephew Laurence Pelosi is a former SPUR board member. Another $967,500 will come to SPUR from the California Cultural and Historical Endowment, which voters set aside through Proposition 40 to fund projects that "provide a thread of California’s cultural and historical resources."

Metcalf said SPUR isn’t sitting on a pile of cash: "We’re not that wealthy. We just don’t have that level of funding." The group’s endowment is small, and according to its 2006 annual report, revenues were $1.8 million, 90 percent of that from memberships and special events. The annual Silver Spur Awards, at which the group celebrates the work of local individuals, from Feinstein to Walter Shorenstein to Warren Hellman, is one of the biggest cash cows for SPUR, typically netting more than half a million dollars.

So far most of the funds for the Urban Center have come from donations raised from board members, individuals, businesses, and foundations. Metcalf defends the use of public funds. "For a group like SPUR that needs to be out in front on controversial issues, our work depends on having a diverse funding base. The Urban Center is part of that," he said.

The new headquarters is modeled on similar urban centers in Paris and New York, places that invite the public to view exhibits and get involved in answering some of the bigger planning questions cities are facing as populations increase and sprawl reigns. According to SPUR, this will be the first urban center west of Chicago, and the doors should open in 2009.

Walker, who’s been a board member for about a year, isn’t ready to say SPUR has been transformed. "It’s in my bones to be skeptical of SPUR," she said. "I have a different perspective than most of the people who are on SPUR, but the membership is different from the people who are funding it. I still think we need to have a more progressive policy think tank as well."

Walker recruits for SPUR’s membership development committee and said some of her suggestions have been well received. "The reality is, the progressive community is really powerful here when we come together and work on stuff. You can’t ignore us. Rather than fight about it, SPUR is offering some middle ground."