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Endorsements

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President, Democrat

BARACK OBAMA


This is now essentially a two-person race for the Democratic nomination, and no matter how it comes down, it’s a historic moment: neither of the front-runners for the White House (and by any standard, the Democratic nominee starts off as the front-runner) is a white man. And frankly, the nation could do a lot worse than either President Hillary Clinton or President Barack Obama.

But on the issues, and because he’s a force for a new generation of political activism, our choice is Obama.

Obama’s life story is inspirational, and his speeches are the stuff of political legend. He can rouse a crowd and generate excitement like no presidential candidate has in many, many years. He has, almost single-handedly, caused thousands of young people to get involved for the first time in a major political campaign.

The cost of his soaring rhetoric is a disappointing lack of specific plans. It can be hard at times to tell exactly what Obama stands for, exactly how he plans to carry out his ambitious goals. His stump speeches are riddled with words like change and exhortations to a new approach to politics, but he doesn’t talk much, for example, about how to address the gap between the rich and the poor, or how to tackle urban crime and poverty, or whether Israel should stop building settlements in the occupied territories.

In fact, our biggest problem with Obama is that he talks as if all the nation needs to do is come together in some sort of grand coalition of Democrats and Republicans, of "blue states and red states." But some of us have no interest in making common cause with the religious right or Dick Cheney or Halliburton or Don Fisher. There are forces and interests in the United States that need to be opposed, defeated, consigned to the dustbin of history, and for all of Obama’s talk of unity, we worry that he lacks the interest in or ability to take on a tough, bloody fight against an entrenched political foe.

Still, when you look at his positions, he’s on the right track. He wants to raise the cap on earnings subject to Social Security payments (right now high earners don’t pay Social Security taxes on income over $97,000 a year). He wants to cut taxes for working-class families and pay for it by letting the George W. Bush tax cuts on the rich expire (that’s not enough, but it’s a start). He wants to double fuel-economy standards. His health care plan isn’t perfect, but it’s about the same as all the Democrats offer.

And he’s always been against the war.

It’s hard to overstate the importance of that. Obama spoke out against the invasion when even most Democrats were afraid to, so he has some credibility when he says he’s going to withdraw all troops within 16 months and establish no permanent US bases in Iraq.

Hillary Clinton has far more extensive experience than Obama (and people who say her years in the White House don’t count have no concept of the role she played in Bill Clinton’s administration). We are convinced that deep down she has liberal instincts. But that’s what’s so infuriating: since the day she won election to the US Senate, Clinton has been trianguutf8g, shaping her positions, especially on foreign policy, in an effort to put her close to the political center. At a time when she could have shown real courage — during the early votes on funding and authorizing the invasion of Iraq — she took the easy way out, siding with President Bush and refusing to be counted with the antiwar movement. She has refused to distance herself from such terrible Bill Clinton–era policies as welfare reform, the North American Free Trade Agreement, and don’t ask, don’t tell. We just can’t see her as the progressive choice.

We like John Edwards. We like his populist approach, his recognition that there are powerful interests running this country that won’t give up power without a fight, and his talk about poverty. In some ways (certainly in terms of campaign rhetoric) he’s the most progressive of the major candidates. It is, of course, a bit of a political act — he was, at best, a moderate Southern Democrat when he served in the Senate. But at least he’s raising issues nobody else is talking about, and we give him immense credit for that. And we’ve always liked Dennis Kucinich, who is the only person taking the right positions on almost all of the key issues.

But Edwards has slid pretty far out of the running at this point, and Kucinich is an afterthought. The choice Californians face is between Hillary Clinton and Barack Obama. And Obama, for all of his flaws, has fired up a real grassroots movement, has energized the electorate, and is offering the hope of a politics that looks forward, not back. On Feb. 5, vote for Barack Obama.

President, Republican

RON PAUL


We have a lot of disagreements with Ron Paul and his libertarian worldview. He opposes the taxes that we need to make civil society function and the government regulations that are essential to protecting the most powerless members of society. From its roots in the Magna Carta and Adam Smith’s economic theories to the Bill of Rights, it’s clear the United States was founded on a social compact that libertarians too often seem to deny. And Paul compounds these ills in the one area in which he departs from the libertarians: he doesn’t support federal abortion rights. He’s been associated with some statements that are racially insensitive (to say the least). He clearly shouldn’t be president.

But he won’t — Paul isn’t going to win the nomination. So it’s worthwhile endorsing him as a protest vote for two reasons. His presence on the ballot serves to show up some of the hypocrisies of the rest of the GOP field — and he is absolutely correct and insightful on one of the most important issues of the day: the war.

Paul is alone among the Republican candidates for president in sounding the alarm that our country is pursuing a dangerous, shortsighted, hypocritical, expensive, and ultimately doomed strategy of trying to dominate the world militarily. He opposed the invasion of Iraq and thinks the US should pull out immediately. It’s immensely valuable to have someone like that in the GOP debates, speaking to the conservative half of our country about why this policy violates the principles they claim to hold dear.

Paul is absolutely correct that if we stopped trying to police the world, ended the war on drugs, and quit negotiating trade deals that favor multinational corporations over American families and workers, we would be a far more free and prosperous nation.

President, Green

CYNTHIA MCKINNEY


We endorsed Ralph Nader for president in 2000, in large part as a protest vote against the neoconservative politics of the Bill Clinton administration (the North American Free Trade Agreement, the General Agreement on Tariffs and Trade, welfare "reform," etc.). And Nader’s Green Party campaign had a place (particularly in a state the Democrats were going to win anyway). We’ve never been among those who blame Nader for Al Gore’s loss — Gore earned plenty of blame himself. But four years later we, like a lot of Nader’s allies and supporters, urged him not to run — and he ignored those pleas. Now he may be seeking the Green Party nomination again. Nader hasn’t formally announced yet, but he’s talking about it — which means he still shows no interest in being accountable to anyone. It’s too bad he has to end his political life this way.

Fortunately, there are several other credible Green Party candidates. The best is Cynthia McKinney, the former Georgia congressional representative, who has switched from the Democratic to the Green Party and is seeking a spot on the top of the ticket. McKinney has her drawbacks, but we’ll endorse her.

The real question here is not who would make a better president (that’s not in the cards, of course) but who would do more to build the Green Party and promote the best course for a promising third party that still hasn’t developed much traction as a national force. We’ve been clear for years that the Greens should be working from the grass roots up: the party’s first priority should be electing school board members, community college board members, members of boards of supervisors and city councils. Over time, leaders like Mark Sanchez, Jane Kim, Matt Gonzalez, and Ross Mirkarimi can start competing for mayor’s offices and posts in the State Legislature and Congress. Running a presidential candidate only makes sense as part of a party-building operation. (That’s what Nader did in 2000, and for all the obvious reasons he’s incapable of doing it today.)

But the Greens insist on running candidates for president, so we might as well pick the best one.

McKinney has a lot to offer the Greens. She’s an experienced legislator who has won several tough elections and taken on a lot of tough issues. As an African American woman from the South, she can also broaden the party’s base. She was a solid progressive in Congress, where she was willing to speak out on issues that many of her colleagues ducked (she was, for example, one of the few members to push for an impeachment resolution).

McKinney has her downside — in recent years she’s been flirting with the loony side of the left, getting a bit close to some Sept. 11 conspiracy theories that hurt her credibility (although she’s also made some very good points about the attacks and the lack of a serious investigation into what happened). And some of her supporters have made alarmingly anti-Semitic statements (from which, to her credit, she has attempted to distance herself). But she has to come out now, strongly, to denounce those sorts of comments and show that she can build a real coalition.

With those (serious) reservations, we’ll give her the nod.

Proposition 91 (use of gas tax)

NO


Prop. 91 is essentially an effort to ensure that revenue from the state’s gas tax goes only to roads and highways. It’s a moot point anyway: Proposition 1A, which passed last year, did the same thing, and now even proponents of 91 are urging a No vote.

But we’re going to take this opportunity to reiterate our opposition to Prop. 1A, Prop. 91, and any other ridiculous effort to restrict the use of gasoline tax revenues.

It should be clear to everyone at this point that the widespread overuse of automobiles is having far bigger impacts on California than just wear and tear on the roads. Cars are the biggest single cause of global warming, and they kill and injure more Californians than guns do, causing enormous costs that are borne by all of us. Driving a car is expensive for society, and drivers ought to be paying some of those costs. That should mean extra gas taxes and a reinstatement of the vehicle license fee to previous levels (and extra surcharges for those who drive Hummers and other especially wasteful, dangerous vehicles). That money ought to go to the state General Fund so California doesn’t have to close state parks and slash spending on schools and social services, as Gov. Arnold Schwarzenegger is proposing.

Proposition 92 (community college funding)

YES


Prop. 92 is another example of how desperate California educators are and how utterly dysfunctional the state’s budget process has become.

The measure is complicated, but it amounts to a plan to guarantee community colleges more money — a total of about $300 million a year — and includes provisions to cut the cost of attending the two-year schools. Those are good things: community colleges serve a huge number of students — about 10 times as many as the University of California system — many of whom come from lower-income families who can’t afford even a small fee increase. And, of course, as the state budget has gotten tighter, community college fees have gone up in the past few years — and as a result, attendance has dropped.

Part of the way Prop. 92 cuts fees is by divorcing community college funding from K–12 funding — and that’s created some controversy among teachers. Current state law requires a set percentage of California spending (about 40 percent) to go to K–12 and community college education, but there’s no provision to give more money to the community colleges when enrollment at those institutions grows faster than K–12 enrollment.

Some teachers fear that Prop. 92 could lead to decreased funds for K–12, and that’s a real concern. In essence, this measure would add $300 million to the state budget, and it includes no specific funding source. This worries us. In theory, the legislature and the governor ought to agree that education funding matters and find the money by raising taxes; in practice, this could set up more competition for money between different (and entirely worthy) branches of the state’s public education system — not to mention other critical social services.

But many of the same concerns were voiced when Prop. 98 was on the ballot, and that measure probably saved public education in California. The progressives on the San Francisco Board of Education all support Prop. 92, and so do we. Vote yes.

Proposition 93 (term limits)

YES


This is pathetic, really. The term-limits law that voters passed in 1990 has been bad news, shifting more power to the governor and ensuring that the State Assembly and the State Senate will be filled with people who lack the experience and institutional history to fight the Sacramento lobbyists (who, of course, have no term limits). But the legislature isn’t a terribly popular institution, and the polls all show that it would be almost impossible to simply repeal term limits. So the legislature — led by State Assembly speaker Fabian Núñez, who really, really wants to keep his job — has proposed a modification instead.

Under the current law, a politician can serve six years — three terms — in the assembly and eight years — two terms — in the senate. Since most senators are former assembly members, that’s a total of 14 years any one person can serve in the legislature.

Prop. 93 would cut that to 12 years — but allow members to serve them in either house. So Núñez, who will be termed out this year, could serve six more years in the assembly (but would then be barred from running for the senate). Senators who never served in the assembly could stick around for three terms.

That’s fine. It’s a bit better than what we have now — it might bring more long-term focus to the legislature and eliminate some of the musical-chairs mess that’s brought us the Mark Leno versus Carole Migden bloodbath.

But it’s sad that the California State Legislature, once a model for the nation, has been so stymied by corruption that the voters don’t trust it and the best we can hope for is a modest improvement in a bad law. Vote yes.

Propositions 94, 95, 96, and 97 (Indian gambling compacts)

NO


We supported the original law that allowed Indian tribes to set up casinos, and we have no regrets: that was an issue of tribal sovereignty, and after all the United States has done to the tribes, it seemed unconscionable to deny one of the most impoverished populations in the state the right to make some money. Besides, we’re not opposed in principle to gambling.

But this is a shady deal, and voters should reject it.

Props. 94–97 would allow four tribes — all of which have become very, very wealthy through gambling — to dramatically expand the size of their casinos. The Pechanga, Morongo, Sycuan, and Agua Caliente tribes operate lucrative casinos in Southern California, spend a small fortune on lobbying, and convinced Gov. Arnold Schwarzenegger to give them permission to create some of the largest casinos in the nation. Opponents of this agreement have forced the issue onto the ballot.

The tribes say the deals will bring big money into the state coffers, and it’s true that more gambling equals more state revenue. But the effective tax rate on the slot machines (and this is all about slot machines, the cash engines of casinos) would be as little as 15 percent — chump change for a gambling operation. And none of the other tribes in the state, some of which are still desperate for money, would share in the bounty.

The big four tribes refuse to allow their workers to unionize. While we respect tribal sovereignty, the state still has the right to limit the size of casinos, and if the tribes want the right to make a lot more money, they ought to be willing to let their workers, not all of them Indians, share in some of the rewards. We’re talking billions of dollars a year in revenue here; paying a decent salary is hardly beyond the financial ability of these massive operations.

The governor cut this deal too fast and gave away too much. If the tribes want to expand their casinos, we’re open to allowing it — but the state, the workers, and the other tribes deserve a bigger share of the revenue. Vote no on 94-97.

Proposition A (neighborhood parks bond)

YES


This $185 million bond has the support of a broad coalition of local politicians and activists, Mayor Gavin Newsom, and every member of the Board of Supervisors. It would put a dent in the city’s serious backlog of deferred maintenance in the park system.

The measure would allocate $117.4 million for repairs and renovations of 12 neighborhood parks, selected according to their seismic and safety needs as well as their usage levels. It would also earmark $11.4 million to replace and repair freestanding restrooms, which, the Recreation and Park Department assures us, will be kept open seven days a week.

The bond also contains $33.5 million for projects on Port of San Francisco land, including a continuous walkway from Herons Head Park to Pier 43 and new open spaces at regular intervals along the eastern waterfront. While some argue that the Port should take care of its own property, it’s pretty broke — and there’s a growing recognition that the city’s waterfront is a treasure, that open space should be a key component of its future, and that it doesn’t really matter which city agency pays for it. In fact, this bond act would provide money to reclaim closed sections of the waterfront and create a Blue Greenway trail along seven miles of bay front.

One of the more questionable elements in this bond is the $8 million earmarked for construction and reconstruction of city playfields — which includes a partnership with a private foundation that wants to install artificial turf. There’s no question that the current fields are in bad repair and that users of artificial turf appreciate its all-weather durability. But some people worry about the environmental impact of the stuff, which is made from recycled tires, while others wonder if this bond will end up giving control of 7 percent of our parkland to the sons of Gap founder Don Fisher (their City Fields Foundation is the entity contributing matching funds for city-led turf conversions). Although the Rec and Park Department has identified 24 sites for such conversions, none can take place without the Board of Supervisors’ approval — and the supervisors and the Rec and Park Commission needs to make it clear that if neighbors don’t want the artificial turf, it won’t be forced on them.

Prop. A also earmarks $5 million for trail restoration and $5 million for an Opportunity Fund, from which all neighborhoods can leverage money for benches and toilets through in-kind contributions, sweat equity, and noncity funds.

And it includes $4 million for park forestry and $185,000 for audits.

With a 2007 independent analysis identifying $1.7 billion in maintenance requirements, this is little more than a start, and park advocates need to be looking for other, ongoing revenue sources. But we’ll happily endorse Prop. A.

Proposition B (deferred retirement for police officers)

YES


We’ve always taken the position that relying exclusively on police officers to improve public safety is as useless as simply throwing criminals behind bars — it’s only part of the solution and will never work as an answer all on its own.

But we’re also aware that the city is suffering a dramatic shortage of police officers; hundreds are expected to retire within a few short years, and those figures aren’t being met by an equal number of enrollees at the academy.

So we’re supporting Prop. B, even if it’s yet another mere stopgap measure the police union has dragged before voters, and even though the San Francisco Police Officers Association is often hostile to attempted law enforcement reforms and is never around when progressives need support for new revenue measures.

Prop. B would allow police officers who are at least 50 years of age and who have served for at least 25 years to continue working for three additional years with their regular pay and benefits while the pension checks they’d have otherwise received collect in a special account with an assured annual 4 percent interest rate.

The POA promises Prop. B will be cost neutral to taxpayers, and the city controller will review the program in three years to ensure that remains the case. Also at the end of three years, the Board of Supervisors, with a simple majority vote, could choose to end or extend it.

POA president Gary Delagnes added during an endorsement interview that department staffers in San Francisco who reach retirement age simply continue working in other police jurisdictions. If that’s the case, we might as well keep them here.

No other city employees are eligible for such a scheme, which strikes us as unfair. And frankly, one of the main reasons the city can’t hire police officers is the high cost of living in San Francisco — so if the POA is worried about recruitment, the group needs to support Sup. Chris Daly’s affordable-housing measure in November.

But we’ll endorse Prop. B.

Proposition C (Alcatraz Conversion Project)

NO


We understand why some people question why a decaying old prison continues to be a centerpiece of Bay Area tourism. A monument to a system that imprisoned people in cold, inhumane conditions doesn’t exactly mesh with San Francisco values.

But the Alcatraz Conversion Project, which proposes placing a half–golf ball–like Global Peace Center atop the Rock, is a wacky idea that looks and sounds like a yuppie tourist retreat and does little to address the island’s tortured past. People don’t have to support everything with peace in the title.

The proposal includes a white domed conference center for nonviolent conflict resolution, a statue of St. Francis, a labyrinth, a medicine wheel, and an array of what proponents call "architecturally advanced domed Artainment multimedia centers."

We agree with the ideal of dedicating the island to the Native Americans who fished and collected birds’ eggs from this once guano-covered rock for thousands of years and whose descendants carried out a bold occupation at the end of the 1960s. But this proposal seems based on wishful thinking, not fiscal or environmental realities.

The plan is backed by the Global Peace Foundation, which is a branch of the San Francisco Medical Research Foundation, a Mill Valley nonprofit founded by Marin resident and Light Party founder Da Vid. It’s just goofy. Vote no.

Next week: Alameda County endorsements.

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 great escape

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› gwschulz@sfbg.com

There are some dark clouds hovering over City College of San Francisco. The District Attorney’s Office is investigating political corruption allegations, a long-awaited audit of half a billion dollars in bond spending is just months from completion, and several infrastructure projects are running tens of millions of dollars over budget.

But Chancellor Phil Day won’t be around to clean up those messes. He’s leaving City College for a new job on the East Coast at the National Association of Student Financial Aid Administrators as early as March 1.

Day’s announcement came just weeks before the school’s Board of Trustees Jan. 10 unveiling of the results of an internal investigation into who knew what about City College money from taxpayers being diverted to an election campaign committee that should have operated entirely independently of the school.

The investigation concludes that there was no evidence that contractors made donations to a campaign committee formed by the school’s leadership in exchange for favorable business arrangements.

But the report does confirm that two lower-level bureaucrats, Stephen Herman and James Blomquist, instructed business tenants who used school facilities — the coffer vendor Bean Scene and Bay Area Motorcycle Training — to sign rent checks over to the committee instead of to the school. Neither tenant appeared to have any intention of contributing to the committee.

The timing of the checks is also questionable. The school returned the Bean Scene’s $20,000 rent check shortly after recognizing a potential violation of the state’s Education Code, which prohibits using school funds for electioneering purposes. But officials then violated the same provision when a $10,000 rent check from the motorcycle-training outfit wasn’t returned to public coffers until a year and a half later, when the San Francisco Chronicle‘s Lance Williams began snooping around.

"The fact that an apparent misuse of public funds could be discovered, corrected, and then occur again after such a short period reveals a glaring lack of oversight of the College’s involvement in fundraising from College contractors, literally from start to finish during the campaign," the report states.

City College’s trustees and school administrators created the Committee to Support Our City College in 2005 as a campaign vehicle for convincing voters to authorize $246 million in bond projects, the third such bond election for City College in a decade.

The report’s executive summary in part downplays the significance of the Chron stories from last April that inspired the probe in the first place. Rather, it implies that the fund diversions had more to do with a poor accounting system and an 11th-hour decision to rush the bond election to voters with minimum preparation.

It’s not clear how the report will impact a DA’s investigation of the campaign committee related to the same allegations. The Guardian revealed last summer (see "Day’s Dilemma," 8/8/07) that just days before the November 2005 election, Kamala Harris’s office also requested documents stemming from the college’s $8.7 million purchase of land in Chinatown that the county determined was worth only $1.7 million for tax purposes.

We also reported that City College’s half a billion dollars in infrastructure improvements are running approximately $225 million over budget and as a result, the school has gutted projects promised to voters and reallocated about $130 million in order to sustain others (see "The City College Shell Game," 7/4/07). An expansive management audit of the school’s bond spending is due in June.

In a prepared statement, Day insists the fund diversions were an accident, and he complains that if the San Francisco Ethics Commission had notified it of the mistake sooner, the school would have corrected it. The Guardian reported that the Ethics Commission had known the Bay Area Motorcycle Training check was illegally used by the committee but waited for more than a year to notify the state’s Fair Political Practices Commission of a possible elections law violation (see "At the Crossroads," 7/18/07).

"As the chancellor and CEO of this college, I take responsibility for these mistakes," Day’s statement reads. "However, it is important to understand that these mistakes occurred innocently and inadvertently, and as soon as we learned of them, we took immediate action to rectify them."

An exasperated Day, who became City College’s chancellor in 1998, said in a phone interview that he didn’t believe the school’s troubles would make it difficult for his successor to return to the ballot and get voters to approve bond projects they’ve already partially paid for, including a stem-cell technology training center.

"I don’t feel like I’m leaving someone with disarray," Day told us. "It’s the people in the institution that sometimes make mistakes, not the institution itself."

Day’s departure also comes as a building inspector hired by the school in 2003 alleges in a federal lawsuit that he was wrongfully terminated last summer for blowing the whistle on illegal building code violations and for making safety complaints during facility renovations. The suit was filed Dec. 24, 2007.

Plaintiff Lawrence Lauser contends that he’d repeatedly informed his bosses at City College that building codes were being violated during construction work, but there was no willingness to fix them.

Instead of being outright fired, Lauser alleges, he was told the work had run out. "That was a complete sham," his attorney, Frank Sarro, said. "There wasn’t a lack of work at all." Lauser is also suing his union, the United Brotherhood of Carpenters and Joiners Local 22, for refusing to request arbitration with the school on his behalf.

"He just had a strong feeling that things should be done by the book," Sarro said of Lauser. "And his bosses didn’t want to hear it."

Lit: Veronica De Jesus’s memorial drawings

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vdj1.jpg

This week’s Lit features Lynn Rapoport writing about Hello-Now, from Everywhere, the new book collection of local artist Veronica De Jesus‘s memorial drawings.
Late last year, I went to a book-release event at Dog Eared Books, where many of Veronica’s drawings grace the front or side window. Veronica gave a powerful lecture explaining the motivation behind the project, then Colter Jacobson and Tomo played music. It was a special night.
Here are a few examples of what you’ll find in Veronica’s book:

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.

Jew resigns; Newsom cagey about replacement

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Sup. Ed Jew, shown here at a previous court appearance, has been under pressure to resign since last May.
Photo by Charles Russo

Nearly eight months after FBI agents found $40,000 in allegedly extorted cash during raids on his home and office, Ed Jew has resigned from his District 4 seat on the Board of Supervisors, effective at noon tomorrow.

The negotiated deal – announced today by Jew attorney Stuart Hanlon and City Attorney Dennis Herrera – calls for the city to drop its official misconduct and quo warranto actions against Jew in exchange for his resignation, relinquishing any potential claims against the city, and pledging not to seek any public office for at least five years.

“I cannot continue to fight all the battles I’m now facing,” Jew said in a statement read by Hanlon, referring to the criminal prosecutions that are still active, including federal charges of extorting money from the Quickly tapioca stores that faced permitting problems and local charges of perjury and voter fraud for allegedly not living in San Francisco when he ran for supervisor, which was the basis for the city’s efforts to remove him.

Mayor Gavin Newsom suspended Jew in September, replacing him with interim Sup. Carmen Chu. But during a press availability following the announcement of the Jew deal, Newsom was cagey about whether the job now belonged to Chu: “I will be meeting with Supervisor Chu later this afternoon and tomorrow I’ll make my determination.”

Newsom’s gambit

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Gavin Newsom, flanked by his sister, Hillary Newsom Callan, her two young daughters and his fiancee, Jennifer Siebel, prepares to be sworn in for a second term as Mayor of San Francisco by his father, retired Judge William Newsom.

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Promises, promises. Newsom takes the oath, using an old family Bible, held by Siebel.

Mayor Gavin Newsom’s 2008 inaugural address under City Hall’s caverous domed rotunda looked like a rehearsal for his upcoming wedding to actress Jennifer Siebel, what with the choir trilling, the reverend pronouncing his blessings, the family Bible, the bucket loads of roses, and Newsom’s sister’s cute little kids running all around.

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Siebel clutches Newsom’s niece, Talitha Callan, while the Mayor listens to event emcee Carlos Garcia, before launching into his hour-long inaugural address

Less adorable was the fact that Newsom’s speech contained a not so thinly veiled attack on the November 2008 charter amendment, which seeks to set aside $2.7 billion in city funds for affordable housing over 15 years.

The amendment 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 it already sets aside for the Children, Youth and Families Fund.

Sounds reasonable to those of us who have no hope of owing a home in San Francisco and are either having difficulty cobbling together the rent each month for our lowly studio/room/apartment/shack in the City, or are already displaced to the East Bay.

It’s a point that a super majority of the Board of Supervisors, along with State Senators Carole Migden and Leland Yee, and Assemblymembers Mark Leno and Fiona Ma, all seem to get, given their support for the affordable housing set aside.
But not, apparently, Newsom, who smeared this amendment as “a political gambit,” while pushing a Lennar-backed measure that promises to build 10,000 housing units at Candlestick Point, but does not specify what percentage of these units would be below market rate, for rent, or affordable, to people who currently live in the Bayview.

“In the next four years we are going to keep offering real solutions on affordable housing, not fall prey to political gambits that offer attractive promises but not sound policy,” Newsom said, during his address.

But is the newly resworn-in Mayor’s resistance to the Board’s affordable housing charter amendment rooted in the fact that it would require the Mayor’s Office of Housing to prepare an affordable housing plan every three years, present an annual affordable housing budget and do so before the rest of the Mayor’s annual budget proposals are finalized?

All these steps are crucial, in terms of transparency, accountability–and ensuring that the affordable housing needs of low-income and working class folks get top priority, instead of becoming an annual political football. They are also logical steps, for those seeking sustainable solutions to homelessness and climate change, as Newsom claims to be doing.

But instead, Newsom continues to lend his support to the Lennar-backed measure on the June 2008 ballot, even though Lennar broke its promise to build rentals at its Hunters Point Shipyard Parcel A site, where it is constructing 1,500 condominiums, and failed to live up to its promise to proactively protect local residents from asbestos dust.

Let’s Newsom sees the light, uses his political capital to support the affordable housing charter amendment, and thus lives up to his promise to protect all of the City’s residents, for the next four years.

Rebel women

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LA GARRUCHA CHIAPAS (Jan. 8th) – Dozens of Zapatista companeras, many of them Tzeltal Maya from the Chiapas lowlands decked out in rainbow-hued ribbons and ruffles, their dark eyes framed by pasamontanas and paliacates that masked their personas, emerged from the rustic auditorium to the applause of hundreds of international feminists gathered outside at the conclusion of the opening session of an all-women’s Encuentro hosted by the Zapatista Army of National Liberation (EZLN) here at year’s end.

The Tzeltaleras’ line of march, which resembled a colorful if bizarre fashion parade, seemed an auspicious start to the rebels’ third “encounter” this year between “the peoples of the world” and the Zapatista communities and comandantes – an anti-globalization conclave last December and an Encuentro in defense of indigenous land this summer preceded the womens’ gathering.

Although the call for the event was issued under the pen of the EZLN’s quixotic spokesperson Subcomandante Marcos, the author of a recently published erotic coffee table book in which his penis plays the role of a masked guerrillero, the impetus for the women’s Encuentro sprung from the loins of the Zapatista companeras.

Last July, at the conclusion of a meeting with farmers from a dozen counties in the hamlet with the haunting name of La Realidad (“The Reality”), a young rebel from that community, “Evarilda,” apparently without clearing the invitation with the EZLN’s General Command, called for the all-womens’ encounter, explaining that men were invited to help with the logistics but would be asked to stay home and mind the children and the farm animals while the women plotted against capitalism.

True to Evarilda’s word, at the December 29th-31st gathering, which drew 300-500 non-Mexican mostly women activists to this village, officially the autonomous municipality of Francisco Gomez, and which honored the memory of the late Comandanta Ramona (d. January 2006), men took a decidedly secondary role. Signs posted around the Caracol called “Resistance Until the New Dawn,” a sort of Zapatista cultural/political center, advised the companeros that they could not act as “spokespersons, translators, or representatives in the plenary sessions.” Instead, their activities should be confined “to preparing and serving food, washing dishes, sweeping, cleaning out the latrines, fetching firewood, and minding the children.”

Indeed, some young Zapatista men donned aprons imprinted with legends like “tomato” and “EZLN” to work in the kitchens. Meanwhile, older men sat quietly on wooden benches outside of the auditorium, sometimes signaling amongst themselves when a companera made a strong point or smiling in pride after a daughter or wife or sister or mother spoke their histories to the assembly.

The role of women within the Zapatista structure has been crucial since the rebellion’s gestation. When the founders of the EZLN, radicals from northern Mexican cities, first arrived in the Tzeltal-Tojolabal lowlands or Canadas of southeastern Chiapas, women were still being sold by their families as chattel in marriage. Often, they were kept monolingual by the husbands as a means of control, turned into baby factories, and had little standing in the community. Those from the outside offered independence and invited the young women to the training camps in the mountain where they would learn to wield a weapon and use a smattering of Spanish and become a part of the EZLN’s fighting force. Fourteen years ago, on January 1st 1994, when the Zapatistas seized the cities of San Cristobal and Ocosingo and five other county seats, women comprised a third of the rebel army. Women fighters were martyred in the bloody battle for Ocosingo.

Key to bringing the companeras to the rebel cause was “The Revolutionary Law of Women,” officially promulgated that first January 1st from the balcony of the San Cristobal city hall, which decreed that women should have control over their own lives and their bodies. The law, which had been carried into the Indian communities by Comandantas Susana and Ramona, often meeting with hostility from the companeros, was “our toughest battle” Marcos would later note.

Integrating women into the military structure, which was not tied to local community, proved easier than cultivating participation in the civil structure, which was rooted in the life of the villages. Although women occupied five seats on the 19-member Clandestine Revolutionary Indigenous Committee (CCRI), the EZLN’s General Command, their numbers fell far shorter in 29 autonomous municipal councils and the five Juntas de Buen Gobierno (“Good Government Committees”) which administrate Zapatista regional autonomy.

But as the Zapatista social infrastructure grew, women became health and education promoters and leaders in the commissions that planned these campaigns and their profile has improved in the JBGs and autonomias.

Women’s Lib a la Zapatista has been boosted by the rebels’ prohibitions against the consumption of alcohol in their communities. Whereas many inland Maya towns like San Juan Chamula are saturated in alcohol, with soaring rates of spousal and child abuse, the Zapatista zone has the lowest abuse indicators in the state, according to numbers offered by the womens’ commission of the Chiapas state congress. As a state, Chiapas has one of the highest numbers of feminicides in the Mexican union – 1456 women were murdered here between 1993 and 2004, more than doubling Chihuahua (604) in which the notorious muertas of Ciudad Juarez are recorded. The low incidence of violence against women in the zone of Zapatista influence is more remarkable because much of the lowland rebel territory straddles the Guatemalan border, a country where 500 women are murdered each year.

With the men tending the kids and cleaning latrines, the women told their stories in the plenaries. Many of the younger companeras like Evarilda had grown up in the rebellion – which is now in its 24th year (14 on public display) – and spoke of learning to read and write in rebel schools and of their work as social promoters or as teachers or as farmers and mothers. Zapatista grandmothers told of the first years of the rebellion and veteran comandantas like Susana, who spoke movingly of her longtime companera Ramona, “the smallest of the small,” recalled how in the war, the men and the women learned to share housekeeping tasks like cooking and washing clothes.

“Many of the companeros still do not want to understand our demands,” Comandanta Sandra admonished, “but we cannot struggle against the mal gobierno without them.”

The Zapatista companeras’ struggle for inclusion and parity with their male counterparts grates against separatist politics that some militant first-world feminists who journeyed to the jungle espouse. Lesbian couples and collectives seemed a substantial faction in the first-world feminist delegations. Although no Zapatista women has publicly come out, the EZLN has been zealous in its inclusion of lesbians and gays and incorporate their struggles in the rainbow of marginalized constitutuencies with whose cause they align themselves.

Sadly, the Encuentro of the Women of the World with the Zapatista Women did not provoke much formal interchange between the rebel companeras and first-world feminists – who were limited to five-minute presentations on the final day of the event. Nonetheless, a surprise Zapatista womens’ theater piece did imply a critique: in the skit, a planeload of first-world feminists with funny hair (played by the companeras) lands in the jungle to deliver the poor Indian women from oppression.

Among international delegations in attendance were women representatives from agrarian movements as far removed from Chiapas as Brazil and Senegal, organized by Via Campesina, an alliance that represents millions of poor farmers in the third world, and a group of militant women from Venice, Italy who have been battling expansion of a U.S. military base in that historic city. Political prisoners were represented by Trinidad Ramirez, partner of imprisoned Ignacio del Valle (who is serving a 67-year sentence), leader of the farmers of Atenco. A message from “Colonel Aurora” (Gloria Arenas), a jailed leader of the Popular Army of the Insurgent People (ERPI), who now supports the EZLN, was read. Although he reputedly lives only a few villages away, Subcomandante Marcos (or his penis) did not put in an appearance at the women’s gathering.

Ladling out chicken soup at her makeshift food stand, Dona Laura told La Jornada chronicler Hermann Bellinghausen that once the womens Encuentro had concluded, everything would return to normal – “only normal would be different now.”

Although the Encounter amply demonstrated the increasing empowerment of the Zapatista companeras, how much of what was said actually rubbed off on those who came from the outside is open to question. “I didn’t really get a lot of it,” confided one young non-Spanish-speaking activist on her way home to northern California to report back on the women’s gathering to her Zapatista solidarity group.

Be that as it may, the EZLN is going to need all the women – and men – it can muster in the months to come. 2008 looms as a difficult year for the rebels with the mal gobierno threatening to distribute lands the Zapatistas recovered in 1994 to rival Indian farmer organizations and paramilitary activity on the uptick.

As has always been the case since this unique rebellion germinated, the Zapatistas turn the corner into another year in struggle.

Rain on me

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› kimberly@sfbg.com

SONIC REDUCER How can two goods get mashed so bad? How can an act of generosity get so twisted? What sort of storm hath Radiohead wrought? And in an age of easy digital reproduction and reappropriation, a mashup era, what kind of rights do listeners have regarding music disseminated, seemingly so freely, online — namely, the United Kingdom band’s In Rainbows album? Why can’t hip-hop and indie rock values segue together as gracefully, as artfully, as Oakland DJ-producer Amplive’s trip-hop–tinged remix of "Nude," a suturing together of his group Zion I’s "Don’t Lose Ya Head" and Radiohead’s ethereal hum, with classic Yay touches of Too $hort?

This fall Radiohead released their In Rainbows as a pay-what-you-will download, allowing listeners to grab the sounds for free if they chose and inspiring Amplive to remix their music as a measure of his admiration. The gesture conjures Dangermouse’s hybrid hijack of Jay-Z’s The Black Album (Roc-A-Fella, 2003) and the Beatles’ The Beatles (Apple, 1968), otherwise known as "The White Album," for his Grey Album (2004), though Amplive went as far as to get contributions from Del Tha Funkee Homosapien and Jurassic 5’s Chali2na.

"I just did it to do it, and I love the In Rainbows album — it was just tight!" Amplive told me on the phone this week from the East Bay. "And especially in this age, with remix culture, a lot of people do them. I just did the same. I just wanted to do a hip-hop version of their stuff, and I guess I underestimated what would happened. It just took off."

Word spread, and listeners urged Amplive to remix the entire In Rainbows, a project he dubbed Rainydayz Remixes. As news arrived of the producer’s plans to give away the remix album free of charge online on Jan. 10 to those who had already downloaded In Rainbows or supported a Radiohead-favored charity, Friends of the Earth, the forces that be — i.e., Radiohead publisher Warner/Chappell — moved to put a stop to the fun and games, tribute or no tribute. Amplive had received 3,000 orders when, a few weeks ago, he was sent a cease and desist letter stating that he needed to get approval "before making arrangements of other writers’ work, especially if you have plans to commercially exploit the arrangements/remixes or make them publically available."

Preferring not to get into a legal battle royal and instead appealing to Radiohead online via a video posted on his MySpace page, Amplive decided to put the project on hold. Meanwhile Gigwise.com spoke to Radiohead’s manager Bryce Edge on Jan. 7; he claimed the issue was the use of an image of Thom Yorke to promote Rainydayz Remixes, which implied the Radiohead frontman was involved in the project, and that management had a problem with fans being asked to forward their In Rainbows purchase e-mail in order to receive a free remix LP, which he described as "a bit naughty!" "To be honest, I’m not sure the band have even heard [the remixes]," Edge continued, adding they will meet Jan. 8 to discuss the matter.

Perhaps Edge and company need to take a cue from "Don’t Lose Ya Head"<0x2009>‘s verses. Amplive told me he hadn’t used Radiohead images to promote Rainydayz and instead pointed to music blogs like Hood Internet, which regularly splices together photos of mashed artists. One wonders if Radiohead’s suits have scoped out the other mashups on that specific site (Eve and Thom together at last!) and whether they’re aware of how hypocritical the group appears in putting the kibosh on free remixes — from which Amplive stands to gain nothing apart from praise for his production skills — for what appeared to be a free recording. There’s little talk these days about the other Black Album remixes spawned by the tracks Jay-Z freely released: maybe those reworks failed to capture critics’ imaginations. Amplive’s remixes have caught listeners’ ears, making him the beneficiary, and victim, of too much positive press.

After being hailed as both visionary and realistic in their release of In Rainbows, Radiohead stand only to get a public relations black eye from this entire affair, and perhaps Amplive — who is working on Zion I’s new CD — simply made the mistake of doing deft work and getting more attention for it, from The New York Times among others, than some kid chopping beats on his PC in Pinole. "I just hope Radiohead listens to [the Rainydayz Remixes] and thinks, ‘This is pretty tight. As long as it’s free, let ’em do it,’<0x2009>" the humble Amplive said. "I definitely didn’t want to disrespect their management and infrastructure. I did it totally out of support and love for the group and the music. And it could give them a different kind of exposure — not that they need any help!" *

ZION I

Sat/12, 9 p.m., $20–<\d>$22

Independent

628 Divisadero, SF

www.theindependentsf.com

MUSIC WITH A SIDE OF MAYORAL POKES

Mary Van Note has it made: in addition to hosting two nights of the San Francisco Sketchfest at the Hemlock Tavern, the local comedian and mistress of the monthly "Comedy, Darling" show at Edinburgh Castle (the next is Feb. 6) was recently tapped to make shorts for the Independent Film Channel, thanks to her online videos. Too bad the Gav had to ruin everything. "The videos were going to be about me getting a date with Gavin Newsom, and just the other day I saw he’s getting married," Van Note says. "Now it’s going to be about me breaking up his marriage."

Tues/15 and Jan. 22, 8:30 p.m., $10. Hemlock Tavern, 1131 Polk St., SF. www.hemlocktavern.com

DAVID DANIELL


The San Agustin guitarist, onetime Thurston Moore collaborator, and Douglas McCombs cohort works a vein of electronic and acoustic composition and improvisation. With Tom Carter, Donovan Quinn, and Barn Owl. Wed/9, 9:30 p.m., $12. Cafe du Nord, 2170 Market, SF. www.cafedunord.com

NEVER HEALED


Thrash like those eardrums never quite stopped bleeding. With Skin like Iron and Grace Alley. Sat/12, 9:30 p.m., $6. Hemlock Tavern, 1131 Polk, SF. www.hemlocktavern.com

THAO NGUYEN


The Kill Rock Stars starlet hopes to make music more than a hobby once she graduates from college. With Ray’s Vast Basement and the Dry Spells. Sat/12, 9:30 p.m., $10. Cafe du Nord, 2170 Market, SF. www.cafedunord.com

EMILY JANE WHITE


The Cat Power–like Bay Area vocalist waxed hauntingly on her recent Dark Undercoat (Double Negative). With the Complications and Mylo Jenkins. Sun/13, 8 p.m., $6. Make-Out Room, 3225 22nd St., SF. www.makeoutroom.com

RICKIE LEE JONES


The many moods of the beat poetess shift with each performance of this intimate, monthlong residency. Tues/15, Jan. 22 and 29, and Feb. 5, 8:30 p.m., $25–<\d>$30. Cafe du Nord, 2170 Market, SF. www.cafedunord.com

The stranger

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› a&eletters@sfbg.com

Where to begin with Jandek? First, a definition: Jandek is a phenomenon, as plainly uncanny as a lightning storm. Then on to the facts of the case: initially emerging in 1978 with the Ready for the House album (Corwood), Jandek has since released a steady stream of haunting LPs: 51 at last count, each talismanic of a cumulative mystery. The records originate from Corwood Industries, PO Box 15375, in Houston, a company that seems to exist solely to disseminate Jandek music. The discs contain no supplemental information, and the whole enterprise propagates with pseudocorporate anonymity — the performer is usually invoked as the "Representative from Corwood."

These inputs are nothing in and of themselves, but like a Rubik’s Cube, they have become a source of tantalizing fascination for a few. The music, which ranges from the inscrutable to the harrowing, comes on like icebergs in the night. The first full-lengths (especially 1981’s Six and Six) lay out the basic Jandek sound: immersive death-letter blues, unstudied and intense. Misshapen chords crumble in his clanking tunings and obtrusive picking patterns. Songs end with the dull thud of a stopped tape recorder.

There have been additions and subtractions since this first period: a thudding racket of drums on a string of releases in the mid-’80s, cryptic collaborations ("Nancy Sings"), a wonderfully severe "breakup" album (1987’s Blue Corpse), and a short phase of unlistenable a cappella (2000’s Put My Dream on This Planet, 2001’s This Narrow Road, and 2004’s Worthless Recluse). Evaluative criteria have been junked, lyrics and titles scrambled, and explications left unanswered. Even something as basic as Jandek’s chronology is up in the air: many of his closest listeners do not believe the albums are released in the same order in which they were recorded.

The covers further channel these constantly shifting parameters, as well as the intensely desolate nature of the Jandek persona. Like the recordings, they are pointedly unprofessional, evoking the titular hero without pinning him down. When the figure does appear, he is inevitably alone and dour. Like the lyrics, multiple album covers are drawn from a single photo session, if not from one single photograph (2006’s What Else Does the Time Mean and The Ruins of Adventure).

Jandek has carved a tremendous field of negative space and achieved a collusion with his devotees as remarkable, in its way, as the one associated with the Grateful Dead. As far as dedicated fandom goes, Seth Tisue’s annotated Web site (tisue.net/jandek) is simply amazing. While looking over Tisue’s notes, it’s easy to appreciate how much the Representative from Corwood rocked the boat when he announced his first live performances in 2004. Thirty shows later, he is making his first scheduled West Coast appearance at the appropriately chaste Swedish American Hall.

Unprecedented perhaps, though not necessarily as shocking as it might first appear. A proper recluse doesn’t want any kind of attention, whereas Jandek simply seems to want to tightly regulate the flow of information. There’s an unexpectedly illuminating moment in a 1985 phone interview highlighted in the Jandek on Corwood documentary (2003) when Jandek confesses he only decided to go on with his project after Ready for the House received a good notice from now defunct OP magazine. Is it such a stretch, then, to connect Jandek’s decision to begin performing live to the increased attention following the film?

Regardless, any fears that Jandek would be sacrificing his essence have been allayed by the fiery quality of the concerts. He pens a new set of lyrics for each, performing the compositions with an unfamiliar nest of collaborators plucked from the local experimental music community. San Francisco is especially rich in this regard, and two of the area’s best will fall into Jandek’s orbit Jan. 12: Ches Smith (Xiu Xiu, Good for Cows) is marked down for drums and Tom Carter (Charlambides, Badgerlore) for bass.

Carter wrote to me about a previous experience playing with the Representative from Corwood, "It was one of the heaviest playing situations of my life. He didn’t demand much specifically from the other musicians, but there was definitely a sense that there was something he wanted, and that if you didn’t figure it out yourself, it was on your head if the performance fell flat."

The shows may last longer than the records, but this seems less of an issue when you acknowledge the elastic, architectural quality of the music. The recordings, in any event, are an apt preparation for the appearances, as they too seem to unfold in stuttering real time. After we listen, our throats are dried out, our blinking irregular, and it seems the preceding minutes have passed through a dark star. We do not ask for music to move us like this, but once it does it is hard to imagine anything else.

Some fans think the performances and recent spike in releases indicate that the Representative from Corwood has retired from his day job. Regardless of whether he has, he’s certainly earned the right to embrace his artist self. Whether we choose to visit his terrain or keep away is inconsequential next to the fact that Jandek is undeniably there. Insofar as this body of work represents the buzzing strangeness lurking just behind the flecked curtains of everyday Americana, the Representative from Corwood is on a track similar to that of Thomas Pynchon or David Lynch. Ever inscrutable and increasingly undeniable, the Jandek discography has somehow wormed its way onto the map. 2

JANDEK

Sat/12, 7:30 p.m., $25

Swedish American Hall

2170 Market, SF

(415) 861-5016

www.cafedunord.com

“Hello-Now, From Everywhere”

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On the corner of 20th and Valencia streets, there’s a window that makes people think of the dead. The reason is a series of annotated sketches that, over the past few years, has gradually accumulated on the glass to the right of the doorway at Dog Eared Books. A sort of eulogistic message board for drifting window shoppers, these paper notices gently call attention to the passing of poets, visual artists, writers, teachers, and other cultural heroes, some renowned, some formerly celebrated, and others largely unknown — though not to Oakland artist Veronica De Jesus, the creator of this memorial window.

Now, with the window grown crowded, another local artist and a friend of De Jesus’s, Colter Jacobsen, has published a collection of the memorials (Allone Co., $18). Tributes to Susan Sontag, Jacques Derrida, Robert Creeley, Octavia Butler, Will Eisner, Quentin Crisp, Richard Pryor, and Rick James are interspersed among pages dedicated to death row prisoner Stanley "Tookie" Williams; Al "Grandpa Munster" Lewis, whose roles also included circus performer, Pacifica radio host, and Green Party candidate for governor of New York; the New Zealand experimental novelist and poet Janet Frame; and "Don" Magargol, a folk dance instructor at San Francisco’s Lighthouse for the Blind and Visually Impaired.

The spiral-bound notebooks in which these memorials are collected — and the cover image, a drawing of a largely denuded but vibrant dandelion superimposed on what looks like crumpled paper that’s been imperfectly smoothed out — suggest a continued meditation on impermanence and remembrance, the attempts we make to prolong or enlarge the presence of our heroes and loved ones in the world after they leave us.

Metal is forever

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Andreas Geiger turns his camera on his hometown of Donzdorf, Germany, a tidy little village containing half-timber houses, oompah band–loving old-timers, and the hugely successful metal label Nuclear Blast. Clocking in at just under an hour, Heavy Metal in the Country does peek into the Nuclear Blast HQ — where middle-aged moms carefully tape-gun mail-order packages stuffed with Eddie statues, Cannibal Corpse LPs, and T-shirts glorifying corpsepainted Norwegians Dimmu Borgir — but this isn’t a doc about the label. The film’s main focus is Donzdorf’s populace: in addition to Nuclear Blast’s Markus Staiger, who founded the company as a teen 20 years ago, we meet some dedicated local metalheads (including a 12-year-old Star Search contestant who worships AC/DC) and a few residents (like the town’s vicar) who admire metal’s ability to inspire, even if they think it’s inspiring all the wrong things. Fans of the local scene, take note: a shot in a record store features a quick cameo from Bay Area folk-metal outfit Slough Feg’s self-titled first release.

HEAVY METAL IN THE COUNTRY

Sun/13, 10:30 p.m., $8–$10

Castro Theatre

429 Castro, SF

(415) 621-6120

www.castrotheatre.com

Careers & Ed: Get schooled

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With the holidays over, it’s back-to-school time — and not just for kids and college students. Adult education classes also are starting up after their winter hiatus, so take that money you’d promised to spend on a gym membership (like you’d use it anyway) and put it toward learning that skill you’ve always wished you had. Here’s a list of some of our favorite upcoming courses, all perfect for beginners.

DUCT TAPE DRESS FORMS


The idea of this course is to teach you to make customized dress forms so you can mend and create outfits that exactly fit your body. And even if you aren’t a budding designer … what room’s decor wouldn’t benefit from the addition of a duct tape mannequin?

Jan. 19, 11 a.m.–3:30 p.m. $75

Stitch Lounge, 182 Gough, SF. (415) 431-3739, www.stitchlounge.com

URBAN COMPOSTING


This hands-on workshop teaches the basic methods of both backyard and worm composting.

Jan. 19, 10 a.m.–noon. Free

Garden for the Environment, Seventh Ave., SF. (415) 731-5627, www.gardenfortheenvironment.org

YOGA 101


A good place to start for the would-be yogi who doesn’t want to jump in blind, this Sunday workshop explores basic postures, breathing, and meditation for the beginner.

Jan. 27, 1:30–3:30 p.m. $35 (includes one free week of yoga)

Yoga Tree, 519 Hayes, SF. (415) 626-9707, www.yogatreesf.com

CURIOUS SOUL: THE VISUAL JOURNAL


Instructor Suzanne Merritt helps you discover eight universal patterns of beauty and translate your experience into visual form. Includes collage, tearing, layering, image transfers, and mixed media.

Jan. 28–29, 10 a.m.–5 p.m. $190 plus $20 materials fee

San Francisco Center for the Book, 300 De Haro, SF. (415) 565-0545, sfcb.org

PAPER LANTERNS


Learn to construct a wooden reed skeleton frame before covering it with handmade paper — and leave with a finished paper lantern, complete with bulb and 12-foot wire with on-off switch.

Jan. 31, 6:30–9:30 p.m. $65 (includes $15 materials fee)

Craft Gym, 1452 Bush, SF. (415) 441-6223, www.craftgym.com

WOMEN’S BLACKSMITHING


A special workshop for women offered by women who teach the fundamental skills needed to forge steel, including tapering, upsetting, flattening, and twisting.

Feb. 2–3, 10 a.m.–6 p.m. $345

Crucible, 1260 Seventh St., Oakl. (510) 444-0919, www.thecrucible.org

MOROCCAN FLAVORS


A relaxed, comfortable cooking class that shows how to use seasonal, organic, unrefined, and local ingredients to make Moroccan delights beyond the standard couscous.

Feb. 4, 6:30–9:30 p.m. $60

Sage Table, Oakl. Call for address. (510) 914-1142, www.thesagetable.com

IMAGE AND THE BOOK


Explore contemporary art-making practices in this six-session series covering alternative approaches to painting, drawing, collage, sewing, image transfer, binding, narrative development, and subject investigation.

Feb. 13–March 13, Wednesdays, 7:15–10 p.m. $180 plus $10 materials fee

California College of the Arts, 5212 Broadway, Oakl. (510) 594-3771, www.cca.edu/academics/extended

2-DAY FILM SCHOOL


Why waste money on an expensive film school when you can learn all you need to know over one weekend? This crash course is taught by Dov S-S Simens of the Hollywood Film Institute.

March 15–16, 9 a.m.–6 p.m. $389

Call for location. (310) 659-5668, www.mediabistro.com

WINE TASTING: BASICS FOR BEGINNERS


Learn to taste the way the pros do, then apply your new knowledge to 20 wines in this continuing education class provided by City College of San Francisco.

April 26, 1–3 p.m. $50

Fort Mason, bldg. B, room 106, Marina at Laguna, SF. (415) 561-1860, www.ccsf.edu

Careers & Ed: Branching out

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› culture@sfbg.com

Paul Donald, the founder of sustainable online retailer Branch Homes, agrees to meet me at Mission Beach Cafe. He arrives dressed in a black turtleneck sweater and smart bluish purple rimmed glasses and takes a seat at the wooden table where I’m sitting. At one point during our conversation I accidentally make a big black ink smudge on the tabletop.

"It’s heavily varnished, and we’ve got some toxic industrial cleaners that will take care of that," he says dryly.

This is clearly a joke, as everything about Branch — and Donald — is the polar opposite of varnished and toxic. In fact, the San Francisco company only carries ecofriendly, fair trade, and organic objects, clothing, and furniture, with an emphasis on local and national designers (though it has products from all over the world).

But Donald didn’t start out as a retailer, or even a sustainability advocate. His background is in design. In fact, he spent 12 years in New York and San Francisco helping craft the identities of magazines like Spy, Wired, and Sunset before founding Branch Home in 2005. Which is probably why he describes his current job this way:

"I’d like to tell people that I’m the creative director for this cool company that’s at the nexus of design and sustainability — and it just happens to be a retail store," he says, sounding slightly apologetic when he gets to the retail part. After all, when you’re used to being a hip graphic designer, perhaps the title of shopkeeper just doesn’t hold the same mystique.

So how did he get from one to the other?

SMART SHOPPING


Donald said there wasn’t a singular "aha!" moment behind Branch. Instead, the idea percolated over time. It could’ve started with his childhood in small-town Iowa, where working in cornfields during the summers inspired his love for the land and a curiosity about where food comes from. This curiosity expanded to include other everyday products when, years later, he read William McDonough and Michael Braungart’s Cradle to Cradle (North Point Press, 2002).

Then, while in his often stressful role as creative director for Sunset magazine, Donald frequently found himself shopping to relax — although he says his motives were more entertainment driven than consumption driven. But he openly celebrates the role of shopping in our lives — as a form of exploration, education, connection, and, of course, therapy.

"It’s an opportunity to discover what’s new and interesting and beautiful in the world," he says.

He also acknowledges shopping’s darker side, including the toxic materials, processes, and packaging that put our objects of desire on the shelf and our purchases’ not-so-pretty by-products: deforestation, global warming, the Great Pacific Garbage Patch (or GPGP, a plastic floe of trash floating in the ocean that’s twice the size of Texas), unfair wages, and poor working conditions.

This duality pointed toward the creation of Branch, which represents a greener, happier alternative to our society’s often blind and copious consumption. "No one wakes up and thinks, ‘I want to contribute to deforestation today,’<0x2009>" Donald says. "We’re just not brought up to think about the life cycle of the things we consume." Instead of flat-out asking people to abandon their consumptive ways (an improbability as far as Donald is concerned), Branch encourages design-savvy shoppers to get curious about whence and from what things come. "We can’t consume our way to a better world, but we can be more considerate about what we buy," he says.

That’s why each item Branch sells, from stuffed animals to kitchenware, comes with its own story — what it’s made from, how and where it’s made, and who made it — on the Web site and on printed cards that are included in each package. This helps to create another point of connection between object and buyer and furthers Branch’s goal of educating consumers about sustainability, something that’s close to Donald’s heart.

But even people who don’t read all the stories that come with the products can rest assured that Donald, in his dual role as Branch’s curator and art director, has already made a lot of the hard choices for them. Branch offers a well-edited collection of products that are also manufactured and brought to market in such a way that its customers don’t have to feel guilty about buying — or, eventually, disposing of — them.

In addition to the Web site, Donald’s original plan involved opening a physical store with an adjacent café that would serve locally and sustainably grown foods. After a few bids fell through right around Thanksgiving of 2005, it dawned on Donald that he had a bunch of inventory on the way and no place to display it. He decided to launch the site first and deal with the rest after the holidays. At the time there were no other stores like Branch, and it found popularity online through blogs and word of mouth. When sustainable design hit the mainstream a little over a year later, Branch had an advantage over new competition as an already established brand. Plus, more exposure and increased visibility meant increased sales.

With zero retail or customer service experience (Branch is his first job that involves interacting directly with the public) and no formal business background, Donald says he was lucky to learn the ropes online, without the albatross of a physical retail space — not to mention a café, something with which he has even less experience. With just a single focus, Donald found he was less in the spotlight, and the growing pains weren’t so extreme. He likens his role at Branch to being a single parent and admits he’ll always choose thinking about branding and design above burying himself in a spreadsheet.

He still longs for a storefront in San Francisco, and if all goes according to plan, there may be a Los Angeles and a New York Branch in the not-so-distant future.

BEAUTIFUL AND SUSTAINABLE


A self-described design snob, Donald says he’s only interested in working with objects that are both beautiful and sustainable. "To make any kind of real impact we need to reach a broad audience," he says. "Tie-dye and hemp sandals aren’t going to do this." Branch is successful largely because it caters to anyone who appreciates good design — green or not. It educates unsuspecting browsers when their guards are down — when they’re relaxed and curious. Donald avoids loaded labels like environmentalist and opts instead for the more friendly moniker of thoughtful citizen to describe himself and the people he’s targeting. "In the same way I try not to be preachy about Branch, I try not to use preachy words," he says.

Ultimately, he would like to see more designers take the green road. (He’s currently on the lookout for affordable, everyday, sustainable tableware, which so far has proved difficult to source.) Donald is also working to expand Branch’s offerings to include things that make it easier for people to live a more sustainable lifestyle, such as power strips with easy-to-reach on-off switches and reusable shopping bags.

In fall 2006, Branch partnered with the California College of the Arts and became a client for its wood furniture class, which required students to neither create furniture nor use wood as a material. "Leave it to an art school," Donald says. The assignment was to design a sustainable product for Branch. The final designs were exhibited in a show at the end of the semester — and a few have been earmarked for possible future production for Branch. Each student was forced to grapple with the challenges of sustainability, but even more significant for Donald, many commented that their involvement in the Branch project had already begun to influence their approach to their other work. "Designers have so much power," Donald says. "And the best way to solve a problem is to not create one in the first place."

Donald is keen on helping designers establish more sustainable practices, which sometimes results in an exclusive product line for Branch. For example, designer Derrick Chen of Urbana Design modified his popular resin-coated bent-plywood tray by creating a cork-topped version — an item that has proved hugely popular in its sustainable iteration.

But for all of its cool, Earth-friendly appeal, Branch is still competing in a price-driven world dominated by the cheap and clever designs of Target and IKEA. "There’s a big difference between getting the message and shelling out an additional 10 to 20 percent more for a sustainable product," Donald says. To his mind, it’s going to be a long time before the Target shopper starts asking the tough questions. "We’re like dogs," he says. "We need to have our noses rubbed in it before we’ll change."
Visit Branch at www.branchhome.com.

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.

Sneak attack on public power

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EDITORIAL This is Mayor Gavin Newsom’s idea of shaking up his administration: fire a Public Utilities Commission director who has been doing a pretty decent job, then replace her with a city controller who has been pretty good at his job but will most likely be terrible at hers. The result should please nobody but Pacific Gas and Electric Co.

We’ve had our concerns about PUC director Susan Leal; she’s been tiptoeing oh-so-cautiously around public power when she ought to be leading the charge to kick PG&E and its illegal monopoly out of town. But at least she’s moving in the right direction, generally — and the fact that PG&E wants to get rid of her is a sign that she’s the kind of person the city ought to have at the helm of this crucial agency.

The logic of firing Leal makes so little sense. She has little more than a year left on her contract, and to pay her mandatory severance will cost the city $500,000, which the treasury can ill afford. And Newsom hasn’t pointed to anything she’s done wrong.

But city hall insiders say PG&E thinks she’s too aggressive about public power, and the giant utility can’t tolerate that. So Newsom quietly announced Friday afternoon, Jan. 4, that she was going to be replaced.

Of course, Newsom technically can’t fire the PUC general manager — only the commission can do that. And under the Brown Act, the state’s open-meetings law, the mayor can’t call them all and seal the deal; the commissioners have to hold a meeting and talk about it. That meeting ought to be open to the public. The commissioners will try to close the doors, arguing that the general manager’s future is a confidential personnel matter — but that privilege exists to protect the employee, not the commissioners, and Leal has every right to waive it. She should fight back here, demand that the panel meet openly and discuss in public why she is being dismissed — and take the opportunity to challenge any claims against her and to make her case both for public power and for her continued employment.

This is far more than a simple dispute between an executive employee and an appointed commission; there are key policy issues at stake here — public power, community choice aggregation, and the city’s energy future — and they shouldn’t be settled in secret.

Ed Harrington has been a decent controller in many respects — but he’s never shown any indication of supporting public power. In fact, he’s done the opposite — every time the issue has come before him, he’s found a way to help PG&E. His estimates of the cost of public power ballot measures have been so wildly inflated as to be professionally embarrassing. For more than five years he’s refused to do what Sup. Chris Daly has requested and calculate the cost to the local economy of high PG&E rates. And Harrington was a senior PUC staffer when the sellout contracts with PG&E, Turlock, and Modesto were negotiated.

The Board of Supervisors should hold a hearing on these personnel changes and demand that Harrington appear and discuss publicly his position on CCA and PG&E. At the very least the voters should have the right to see this for what it appears to be: a Newsom-PG&E sneak attack on public power. And the board should pass Sup. Sophie Maxwell’s proposal to give it the authority to appoint some members of the PUC.

Consolidating power

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› amanda@sfbg.com

A proposal to consolidate some of the permitting functions of 10 city departments into one is currently floating through Mayor Gavin Newsom’s administration as a result of his call to department heads for bold initiatives. It was developed by a department head who is receiving harsh criticism from his staff.

Isam Hasenin, the director of the Department of Building Inspection, originally unveiled the idea in a Dec. 3, 2007, memo presented to the mayor that calls for a shift into Hasenin’s department of the permitting currently reviewed by the Fire Department, the Planning Department, the Bureau of Street Use and Mapping, the Public Utilities Commission, the Redevelopment Agency, the Mayor’s Office on Disability, the Port, the Airport, the Bureau of Urban Forestry, and the Municipal Transportation Agency.

The reason offered for such massive consolidation is customer service. "A single city-wide permitting department will be better equipped to manage the needs of our citizens and deliver a more efficient, reliable, consistent and timely service with a focus on excellent customer service," the memo reads.

Hasenin told us the idea was in response to a solicitation from Newsom. "The genesis of this idea came about as a general commitment from the Mayor’s Office to improve the city … to reinvigorate and streamline the processes of the city," he said.

It follows policy pledges made by the mayor since his first run for office. In campaign literature from 2003, Newsom wrote that his economic plan would "direct city agencies to streamline regulations and meet accelerated schedules for approving worthy new public and private projects, without compromising standards."

More recently, Newsom addressed a Dec. 19, 2007, Building Inspection Commission meeting at which this memo came up. "Systemically, the organization of things are such that institutionally they can’t change to the degree that we’d like to see them change," Newsom said. "So we have to break the institutions … in order to make the kinds of changes all of us in the city expect."

Several department spokespeople contacted by the Guardian had only heard vague suggestions about consolidation. Hasenin stressed that the proposal was still in an early, conceptual stage and that discussions among staff and all of the relevant stakeholders had yet to occur.

One department that hasn’t held back criticism of the proposal is the San Francisco Fire Department. "The administration, the Fire Commission, and Fire Fighters Local 798 are all aligned. We’d be concerned about any changes," department chief Joanne Hayes-White told us.

She first learned of the plan at an impromptu Dec. 6, 2007, meeting with the mayor at which, she says, she outlined several immediate concerns with the idea, including the fact that it may not be legal. She reported this to the Fire Commission at a Dec. 13, 2007, meeting: "There is specific language in the state’s Fire Code that the authority for these types of inspections rests with the Fire Department and the fire chief or the fire marshal."

Hayes-White also said, "I think it is important also — which we pointed out to the mayor — that there be appropriate checks and balances … and that there is no rubber-stamping of things." The Fire Commission echoed her sentiments and sent a letter to the mayor on Dec. 19.

Newsom’s Sept. 10, 2007, call for his senior staff to offer letters of resignation has had a chilling effect on his remaining administration, with some heads contacted by the Guardian reluctant to speak out against a policy that’s perceived to be coming from him. In some ways, that’s given the mayor even more power to advance potentially controversial ideas. Among those recently replaced by Newsom are the heads of the Planning Department, the Department of Public Works (which oversees the Bureau of Street Use and Mapping), the SFPUC, and the Redevelopment Agency.

"There’s an opportunity right now because of all these resignations to manipulate policy," said Debra Walker, president of the BIC. She stressed that she wasn’t sure whether that was an intention of this proposal, but she was unaware of the memo until concerned members of the Fire Department brought it up at the Dec. 19 meeting of the BIC. She said her department has since received a copy but has yet to discuss its implications as a commission.

Hasenin is a relatively new employee who joined the city about nine months ago from a previous post in San Diego. His leadership has already garnered a lengthy anonymous letter addressed to Newsom from a contingent of DBI staff outlining a raft of concerns about their new leader, including specifics like "Plan check engineers are afraid they will be fired unless they keep up with unreasonable turn around times and sign off on plans that are not ready for issuance because they do not comply with code."

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).

The questions the zoo won’t answer

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Editors note: Craig McLaughlin sent the following questions to the office of the zoo’s hired flack, Sam Singer. We received no reply by press time.

I was raised around tigers. I know their habits and capabilities and was personally involved in constructing cages for them. I have been amazed by some of the comments attributed to Mr. Mollinedo in local news accounts. He initially reported that the wall of the moat was 20 ft high but the moat was 20 feet across. The difference between the elevations of the grotto and the viewing area is clearly, by any direct observation, only a few feet. That means that regardless of the depth of the dry moat, there is a question of whether the tiger could simply leap from bank to bank. Conventional wisdom in the tiger literature is that they can jump 20 feet, and there are accounts in the literature of leaps as long as 30 or even 33 feet. Given this, it makes no sense based on records available to Mr. Mollinedo that the grotto could be considered secure. In the end, we learned the moat’s width varied from 20 to 33 feet depending on how far one descended, but that the far wall was only 12.5 feet. Mr. Mollinedo then expressed surprise that a tiger could leap or climb over a wall of that height. Given my own knowledge of and direct observation of tigers, a tiger making that leap, even a captive tiger, is not surprising in the least, and taunting would not be a prerequisite. I would have to say that Mr. Mollinedo has no idea what he is talking about when it comes to tigers, and would even go so far as to say it was idiotic for him to make the comments he did–and I am prepared to say that in print. Does Mr. Mollinedo or your firm have any response?

1. Please provide a copy of the zoo’s written protocol concerning tiger escapes.

2. What is the size, caliber, and make of the zoo’s kill rifle(s)?

3. Where is it/are they stored?

4. How many people are authorized and trained to use it (them)? How often do they practice?

5. How many of those people were on the zoo grounds from 5-5:30 pm Christmas day?

6. Was a kill rifle (or rifles) and/or a shooting team deployed during Tatiana’s escape?

7. Minutes of the San Francisco Joint Zoo Committee talk about the improvements, including improvements to the lion house, providing keeper staging areas. Where is the nearest staging area to the to the tiger grotto and was it staffed at 5 pm on Christmas day?

8. When was the last date that the zoo conducted an emergency drill for an animal escape? AZA accreditation standards state “Emergency drills ensure that the instiutution’s staff know their duties and responsibilities and know how to handle mergencies properly when they occur…. Emergency drills shouldbe conducted at least once annually for each basic type of emergency.”

9. Please provide a copy of the record and evaluation of the last animal escape emergency drill? AZA standards state that “these drills need to be recorded and evaluated … Records of these drills need to be maintained.”

10. What training do security personnel recieve in how to respond to an animal emergency. How long is the training, who provides it, and are refreshers required? Had security personnel on duty that night been trained?

11. Why did cafe personnel not let the injured patrons inside so they would not be subject to further attacks? What are the policies about sheltering patrons in concession, entertainment and administrative areas during an animal attack?

12. Please provide a copy of the written protocol between the zoo and local police and other local emergency responders as required by AZA standards.

13. The Chronicle and other sources have reported that the tiger grotto was refurbished/remodeled recently and the cats returned in September. Is this true? Please describe what alterations or improvements were made? What contractor did the work? Was an architect involved in preparing plans and if so, who and at what firm? Was Tatiana housed in the same grotto prior to the remodel? Were keepers consulted in the rennovations?

14. There are at least two credible media accounts of tigers escaping from that grotto previously and one account of a near escape. These were known to keepers and in one case reported in a letter to zoo management. Was the zoo director aware of any of these accounts? Should he have been?

15. It is common practice in the business, public and nonprofit sector to consult with subordinates when conducting performance reviews of senior managers (a so-called 360 is one of the best known examples). When was the last performance review of Mr. Mollinedo conducted? Were keepers and other direct and indirect subordinates consulted as part of that review? Does the zoo have written policies in place concerning executive performance reviews? If so, please provide a copy.

16. I believe the zoo’s agreement with the city makes clear that zoo documents should be made available to the city Rec and Parks Department and therefore should be available to the public under the city’s sunshine law. The zoo, however, has not been forthcoming with specifics about the incident or readily provided related documentation. Why is this and how is this allowed under the contract?

17. Who was the designated person for emergency contact for the zoo at the time of the escape? When was that person accessed and by what form of communication?

18. Your firm specializes in crisis communication. The field of crisis communications is well established and has some commonly accepted principles. One of these is truthfulness–officials and spokespersons should be forthright and direct when communicating with employees, the public and the media. Another is timeliness–respond quickly to media and legal inquiries and be be proactive. Expressing empathy and putting people first are also important. Accepting responsibility goes a long way and blaming and attacking is contraindicated. As a public health official, I have been trained in crisis communication. Zoo management seems to be evasive and not forthcoming. Requests for interviews have not been responded to. How do you think the zoo performed initially in this regard and how have things changed since your firm became involved? For example, simple questions are still not being answered. I was surprised to know the zoo had been closed for a long time for a variety of reasons (including the fact that it was a crime scene) and then after they hired your firm, the Web site announces the zoo is closed in honor of the victims. This seem disingenuous to me. I find it dubious that that was really the motivating factor for the extended closure. Any response? (My own opinion is that given joint oversight, the wording of the agreement, and the fact that many dispositions will be conducted, I see no advantage to not responding affirmative and immediately to requests for information and records.)

19. Did the zoo have a media relations policy in place concerning employee interactions with the media prior to this incident. If so, please provide a copy.

20. Does the zoo have a response to SF Chronicle articles that paint a picture of poor management and very bad employee morale at the zoo?

Bye bye, mai tai: Trader Vic’s no more

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Alas, along with the dispiriting news that people keep getting shot and jumped outside nightclubs, that the police are pushing to “more directly” regulate bars and clubs, and that perennial underground jam palace the Gingerbread Warehouse finally got busted on New Year’s Eve, comes this awful fact of 2008: The San Francisco branch (the original) of Trader Vic’s is no more.

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Trader Vic: Rolling in his rum-soaked grave?

The bar-cum-restaurant — a 2006 Best of the Bay winner — had opened in fancier digs (where legendary resto Stars once was) after relocating from the spot where Le Colonial is now, after residing there for 12-odd years. Trader Vic’s is now an international chain, so you can still hit up one of those giant cocktails in a bowl to share with friends in Shanghai, but it was built on the reputation of amazing local Victor J. “Trader Vic” Bergeron, who invented the mai tai. No reason has been forthcoming about the closure.

I really liked their space! What will they do with all those antique dugouts hanging from the ceiling?

Oh well, bottoms up. (Also closed in recent weeks: the Washington Square Bar & Grill and the delicious Patisserie on 18th Street. )

Listen locally! A musical new year’s resolution

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Blow me down, Sweet Crude Bill and the Lighthouse Nautical Society.

By Todd Lavoie

Another new year, another new year’s resolution – but rather than going for the usual tired song-and-dance about eating less or becoming thriftier or getting more organized (yawn), how about something with a bit more spark – and sparkle! – for 2008? Here’s a pinky-finger handshake I made with myself that maybe just maybe might work for you too as a new-leaf-turner: this year, I’m going to make a special point to see more shows from Bay Area musicians.

How’s that? Talk about easy, painless – hell, it doesn’t even require any personal sacrifice (other than a little cash and maybe the gumption to leave the house on a cold January night, an admittedly tough prospect right now as I stare out my window watching daisy chains of trash bins, plastic bags, and dead umbrellas floating downriver as that Biblical rain keeps on pouring outside, sigh).

Plus, you’ll be supporting the local arts scene: better to enjoy it now, lest the renter’s market goes completely nutso and sends all of the creative and underpaid – not to mention some of the most interesting – minds of the area a-packing! Mercifully, that doomsday scenario hasn’t happened, and we here in the Bay can boast of having one of the most fertile musical playgrounds in the entire country, thanks to the wealth of free-thinkers and the venues that support them. Ah, we are blessed, verily and truly. So, while we’re ruminating away in gratitude, here are some upcoming wingdings worthy of taking a step-outside:

And they’re off

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Early results from the Iowa caucus — the first presidential poll that counts — show a tight pack, with Edwards leading, trailed closely by Clinton and Obama. It’s virtually a three-way tie and it could stay that way because nobody else really has any votes, so the Iowa provision of voters whose candidates get less than 15 percent of the vote getting to revote won’t matter much.
BTW, local Obama supporters are gathering in a few minutes over at Tosca in North Beach, so head on over if he’s your guy and you’re looking for kindred spirits.

Thou shalt have icons

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DVD "I put John Coltrane up in my headphones." So said innovative producer Madlib’s sped-up alter ego, Quasimoto, on 2000’s breakthrough hip-hop album The Unseen (Stones Throw). Although the brave crate diggers of hip-hop are doing their best to bring forth the horns of yore, as on local duo Zeph and Azeem’s phenomenal 2007 album Rise Up (Om), these days jazz is too often relegated to the unseen background or exploited by marketing giants that find ways to slap a few select jazz masters onto dorm room posters and cheap best-of holiday gift CDs. They want to sell the idea of John Coltrane to your headphones, and that’s the end of it: there’s no incentive to get out and see some live shows, whether jazz ensembles or DJ-MC combos, or to make music yourself.

So thank the most high for seven recent releases in the ongoing Jazz Icons DVD series (Reelin’ in the Years Productions). The series’s recently released second round showcases Coltrane, Dave Brubeck, Duke Ellington, Sarah Vaughan, Dexter Gordon, Wes Montgomery, and Charles Mingus in cleanly remastered, previously unreleased video recordings from the 1950s and ’60s. The vivid black-and-white images offer an almost palpable sense of communication among the musicians, partly because the studio and stage settings are so carefully arranged — many of these performances were for strikingly lit, modernist-looking European TV shows — and partly because those cats played with their entire bodies. The up-close shots emphasize this in beautiful, often artfully angled ways.

During the three performances included on Montgomery’s disc, Live in ’65, the guitarist’s brain seems to be solidly in his right thumb, which he uses like a huge guitar pick with eyes as he feels out new rhythms on "Here’s That Rainy Day" and kicks out some unparalleled octave soloing on "Twisted Blues," evidence of what Carlos Santana, in his brief afterword to the liner notes, labels Montgomery’s "ability to transform thought into music." During Ruud Jacobs’s bass solo on "The End of a Love Affair," you can only see his right hand plucking the strings, not his left hand creating the notes, and it’s as if the entire group he’s playing with is moving the missing left hand together. Pianist Harold Mabern’s contributions to the Montgomery disc, on "Here’s That Rainy Day" and "Jingles," both recorded in Belgium with Arthur Harper on bass and Jimmy Lovelace on drums, typify his talent for leaping back and forth between waterfall chord clusters and bluesy droplet lines that dance intimately with Montgomery’s chordal romps. When I worked at the Stanford Jazz Workshop with an almost 40 years older Mabern, he was known as a man whose stories were as entertaining as his musical tutorials. The Belgium session captures his sense of musical storytelling before the music and the storytelling separated.

The Coltrane disc, Live in ’60, ’61 and ’65, consists of recordings from Germany in 1960 and ’61 and Belgium in ’65. The Belgian water must have been terrific. The DVD includes three tunes performed during Coltrane’s last appearance in Europe (he died in 1967), with McCoy Tyner on piano, Jimmy Garrison on bass, and Elvin Jones on drums; they sound — and look — like a release and cleansing of demons. "Naima" presents especially transcendent musical communication. You can’t call it a comeback, but put on a Jazz Icons DVD at a holiday party and watch as the room illuminates and people start to play together.

www.jazzicons.com

Acting pleasant

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George Bernard Shaw once titled a bound collection of his dramas Plays Pleasant and Unpleasant, thus inadvertently summing up any year in any theater scene anywhere. But this is a happy time, so we can concentrate on the former.

The pool of local acting talent, in particular, spoils us in the Bay Area. While it’s not hard to find a strong performance from last year, finding room to list them all is another story, and a much longer one. But there’s space enough to list a few especially deft turns from 2007, including feats of physical and verbal dexterity, like the trio of weirdly gesticuutf8g women in Crowded Fire’s wowing production of Lisa D’Amour’s word-struck trailer-park gothic, Anna Bella Eema. Cassie Beck, Julie Kurtz, and Danielle Levin never left their chairs, but watching them — under the superb direction of Rebecca Novick (who stepped down as CF’s artistic director this year) — you didn’t want to leave yours either.

Then there was Alias‘s Carl Lumbly, skipping rope like a welterweight throughout his opening monologue in Jesus Hopped the "A" Train. A world-class actor with an East Bay address, Lumbly crossed the bridge this spring to appear in SF Playhouse’s excellent local premiere of Stephen Adly Guirgis’s raucous drama. As in many Playhouse productions, the cast (astutely directed by the ensemble’s Bill English) was strong as a whole, but the moments when Lumbly’s upbeat, ever-hopeful death-row sociopath played unlikely mentor to a young neophyte out of his depth (a solid Daveed Diggs) were truly prime time.

The physically and comically nimble cast of writer-director Mark Jackson’s notable premiere, American Suicide — a smart, lively, and very funny adaptation of Soviet Russian Nikolai Erdman’s scathing 1928 comedy that had its lock-solid debut at the Thick House in February — also merit special mention for their fine fleshing out of the play’s arch, cartoonlike histrionics. Headed by the pitch-perfect pair of Jud Williford and Beth Wilmurt in what would have been a suicide mission in lesser hands, they managed the mishmash of zany caricature, a certain 1930s allusiveness, and macabre social satire with engrossing panache. The Coen brothers might have attempted something similar in The Hudsucker Proxy, but remember: they had special effects and coffee breaks. These actors work without a net — though the show’s madcap pace put them at risk of ending up in one.

Although not necessarily as athletic as the title might lead you to expect, Sex (at the Aurora Theatre) threatened to be hard enough, given that the play, while an interesting theatrical relic, has little in its lippy melodrama to shock audiences 80 years after its scandalous Broadway opening. Furthermore, stepping into Mae West’s shoes is a fine-line idea that had better be managed with grace and attitude. Fortunately, Delia MacDougall (in the attention-grabbing role West wrote for herself) proved a dazzling tightrope walker in pumps, creating a West-worthy impression in no way reducible to a mere impersonation (which is still fine at parties). (MacDougall, incidentally, was a hilarious part of Jackson’s American Suicide cast.) Costume designer Cassandra Carpenter decked out MacDougall and the rest of the company beautifully in pristine period threads indicative of the unexpected degree of life director Tom Ross and his thoroughly fine cast found in the play.

And as memorable costumes go, I wonder who among us present for Kiki and Herb: Alive on Broadway (at the American Conservatory Theater’s Geary Theater in July) could forget that frilly-legged chiffon number (by designer Marc Happel) on Justin Bond as the singing, slinging half of those two lounge legends? Needless to say, in the brilliant haute tastelessness of the Kiki and Herb aesthetic, this was genius swathing genius.

But back to casts (and premieres): the Custom Made Theatre Company scored a real coup, if not a coup d’état, with the Bay Area premiere of Stephen Sondheim’s Assassins. The small black box company assembled a terrific cast and offered a smart production design in no way lessened by its clearly low-budget proportions. Artistic director Brian Katz’s agile execution, if that’s the right word, of Sondheim’s musical-drama rumination on the men and women who tried to assassinate various American presidents was one of the year’s little big surprises and, heading into election year 2008, left us on a feel-good note.