Local

All Barry, all the time

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Yes, this is news. The guy who broke the all-time home run record has been indicted. It even belongs on page one of the local paper. But is it the most important thing happening in the world right now, worth two-thrids of the entire Chronicle front page, the top six or seven minutes of the evening newscasts and all the talk shows?

No, it’s not. I have to agree with Dave Zirin: This is a silly indictment and a distraction from the real issues of the world.

I almost (almost) feel sorry for Barry Bonds. Think about his dilemma here: He goes before a grand jury, and is promised that if he tells the truth, he will never be prosecuted for it — and anything he says will remain totally secret. But Bonds knows better; there’s no way his testimony will remain confidential. Whatever he says is going to leak out (guess what — it did), and if he admits anything, his career is over.

Of course, if he hedges, then he can be indicted for perjury (if the U.S. Attorney’s Office has nothing better to do, which it apparently doesn’t).

I heard somone ask on Forum this morning why Bonds just didn’t tell the truth to the grand jury. That assumes, of course, that he’s guilty, that he actually lied, and I have no way of knowing that. But let’s, for the purpose of argument, say he did lie. Why? Perhaps because he didn’t trust the grand jury process. That’s a reasonable point of view that later events totally vindicated.

Does that justify lying under oath? Of course not. But I can understand what he must have been thinking.

Leno wants a piece of the ship

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Assemblymember Mark Leno told me yesterday that he’s going to pursue one of the suggestions in our oil-spill editorial and see if the state can put a lein on the Cosco Busan. That way California could compensate the local crab fishers, whose livelihood is in danger, and get the money back directly from the ship’s owners.

The crab folks are hurting: The governor has suspended all fishing in and around the Bay and within three miles of the coast. And local processing facilities can’t accept crab, so they’re shut down.

But there are still big crab boats from Oregon, Washington and Vancouver that come down and place crab pots outside of the three-mile limit, Leno told me, and then haul the crab back up north — where it gets processed and sent back down here as “safe.”

It will be a nightmare trying to sort out who actually owns the ship, and if the crabbers sue, it could take many, many years before they ever see the money; the fishermen who sued Exxon over the 1989 Exxon Valdez oil spill still haven’t seen a penny of the $5 billion they won at trial.

So seizing the ship and putting leins on it may be the only way anyone’s going to see any compensation for this mess.

Pick up the beat

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› a&eletters@sfbg.com

Bop City. The Blackhawk. The Jazz Workshop. The Both/And. Keystone Korner. Kimball’s.

San Francisco’s world-renowned jazz club heritage has always been a part of the city’s matchless cultural identity. But the je ne sais quoi’s been missing for decades, because there hasn’t been a jazz club regularly booking national and international touring musicians into the city for more than 20 years.

That all changes this month with the Nov. 28 opening of Yoshi’s San Francisco. There’s been a Yoshi’s in Jack London Square for 10 years, the descendant of a North Berkeley sushi bar that morphed into a restaurant and music venue on Claremont Avenue in Oakland. Down by the waterfront, Yoshi’s became synonymous with jazz and was revered as both an artist- and an audience-friendly venue.

The brand-new club and restaurant at 1330 Fillmore holds down the ground floor of the freshly minted Fillmore Heritage Center, a 13-story mixed-use development that hopes to jump-start a renaissance in the scuffling Western Addition historic area. "Truthfully, I really don’t know why there hasn’t been another jazz club in San Francisco," says Yoshi’s artistic director, Peter Williams, the man charged with making sure the music part of the business stays in business. He’s been booking the artists at Yoshi’s for the past eight years. "Jazz is very risky," he continues, "and maybe people were feeling like they didn’t want to take the chance. These owners felt there was an opportunity."

The owners are Kaz Kajimura, one of Yoshi’s founders, and developer Michael Johnson. Their opportunity is costing $10 million, with the San Francisco Redevelopment Agency kicking in a $4.4 million loan as part of the total $75 million redevelopment project helmed by Em Johnson Interest, Johnson’s company.

Their idea of a new jazz club in the Fillmore District took shape four years ago, after a series of false starts with other developers and other discussed flagship venues, such as the Blue Note. Johnson sent out requests for proposals to jazz clubs around the country; Kajimura received one, and when he met with Johnson, the two hit it off. "Michael could see Kaz’s vision, and vice versa. That made it happen," Williams says. The building, designed by Morimoto, Matano, and Kang Architects, has a performance venue of 417 seats, 317 on the ground level and 100 more on a mezzanine. The restaurant, serving a modern Japanese cuisine created by executive chef Shotaro "Sho" Kamio, seats 370 in its combined dining and lounge areas. Success on the food side is a likely slam dunk — it’s in jazz presenting, much like three-point shooting, that percentages decline.

Williams is counting on Yoshi’s reputation among jazz professionals — musicians, managers, and agents — as a starting point. "We’ve put a lot of care into presenting the music in as respectful a setting as possible," he says. "I think that’s paid off for us."

CLUB DECLINE?


But jazz club culture has receded in the past 20 years, with the music finding support from institutions like SFJAZZ, which stepped into the developing void in the city 25 years ago. SFJAZZ executive director Randall Kline has always looked to organizational models like the San Francisco Symphony in terms of sustaining and growing the jazz art form. "What has happened is jazz has moved more into the concert hall and into more of a special-events format than a club format," Kline says. "There hasn’t been a great growth of jazz clubs in the country. But there’s a proliferation of festivals."

There are jazz clubs — Jazz at Pearl’s, under the strong stewardship of Kim Nalley and Steve Sheraton, is certainly a necessary element of North Beach, and farther north on Fillmore is Rasselas — but Kline believes there just aren’t as many live music clubs as there once were.

Still, despite the fierce competition for eyes, ears, and dollars, the fact remains that musicians need to play. Performance has always been one of the most effective ways for jazz artists to sustain themselves and build their audience. Not only is there no substitute for hearing the music live, but venue sales have also become a larger part of the overall sales picture, observes Cem Kurosman, director of publicity for Blue Note Records.

"Now, with fewer and fewer TV, radio, and mainstream press outlets covering new jazz artists, touring has become more important than ever," Kurosman says, "although there are fewer jazz clubs on the national circuit than ever before."

The Bay Area is one of the top four jazz markets in the country, and it behooves artists to gain exposure here. That wasn’t really a problem while the region was consistently supporting the music, when the music was here in the clubs and jazz seemed to swing up from the streets.

But times have changed, and no one recognizes that better than Todd Barkan, who ran Keystone Korner in North Beach. When Keystone closed in 1983, it was one of the last San Francisco clubs to regularly book national and international touring jazz groups. Barkan is now the artistic director of Dizzy’s Club Coca-Cola, the jazz club operated by Jazz at Lincoln Center in New York, and he’s also a highly regarded producer who works with numerous domestic and European jazz labels.

"The reason there hasn’t been anything in San Francisco proper for some 20 years is that it’s a new era," Barkan says. "San Francisco is not the bohemian place that it was when I started the Keystone in the early ’70s, which itself was a holdover from the psychedelic era."

While Barkan’s place could not rightly be called a dive, it was a funky little crowded club. From the stage to the bar, the setup at Keystone was significantly removed from the state-of-the-art amenities at Yoshi’s. In some ways, Yoshi’s splits the difference between the club and the concert experience, the hope being that the artists and the audience get the best of both worlds.

Barkan says the primary jazz audience now has different expectations than it used to. "It took a number of years to get the business set up to have the right kind of a club that could really be competitive and cater to a much more upscale audience, which is where the real jazz audience is now overall," he says. "For better or worse that’s where it’s at."

That audience is also spread throughout the Bay Area, which is important for a San Francisco–situated club to keep in mind. "San Francisco’s a little town," Barkan says. "With all due respect, ‘the city’ is only about 800,000. The Bay Area is 4.5 to 5 million people, but it’s very spread out." His North Beach club got a tremendous benefit from the freeway off-ramp at Broadway, which made getting into that part of the city from the Bay Bridge simpler.

But Yoshi’s San Francisco won’t survive on jazz alone, as Barkan and Williams acknowledge. "To do the kind of numbers and volume Yoshi’s needs, you have to have a diversified musical program," Barkan says.

Williams spins the challenge of putting butts in the seats as an opportunity to be creative. "I’ll have to branch out a little bit in what we do," he agrees. "I don’t think we’ll be able to do just jazz all the time." At Yoshi’s Oakland, Williams has added salsa dance nights on Mondays, and he consistently books fusion and smooth jazz performers like Keiko Matsui and neosoul acts like Rashaan Patterson.

The San Francisco spot will likely see a similar mix, though the inaugural performers are a mainstream ensemble called the Yoshi’s Birds of a Feather Super Band, which includes vibraphonist Gary Burton, saxophonists Ravi Coltrane and Kenny Garrett, trumpeter Nicholas Payton, and bassist John Patitucci. Veteran drummer Roy Haynes leads the band, which Williams created specially for the club’s opening.

Taj Mahal and the Phantom Blues Band follow, and later in December, Chick Corea, Charlie Hunter, and Rebeca Mauleón will perform. Next year will see guitarist Pat Metheny, pianist Gonzalo Rubalcaba, vocalist Cassandra Wilson, and guitarist Bill Frisell in multinight runs at the club. Williams will try various things, particularly in the early months. "December is mostly artists coming to San Francisco with one band and then going to Oakland with another," he says. Corea, Hunter, and Taj Mahal will all pull double Yoshi’s duty.

"It’s gonna be a learning experience to find out what works and what doesn’t and how the two clubs can work together," Williams says. He will also have bands play the first part of the week in San Francisco and then Thursday through Sunday in Oakland, reasoning that San Franciscans are looking for more things to do early in the week. And he wants the club to be a platform for local artists — probably early in the week as well — but says Yoshi’s will have to focus on national touring acts simply to get people into the club.

Local saxophonist Howard Wiley is bullish on the new club, hoping that, if nothing else, it brings some notice to jazz instead of more exploitative forms of expression. "I’m so tired of hearing about Britney [Spears] and strippers and all that stuff," he says. "I’m hoping and praying the pendulum will swing back and people will cherish things of value again. I always love it when more attention can be brought to the music."

Currently Intersection for the Arts’ composer in residence, Wiley put out the self-released Angola Project earlier this year. The music is based on African American prison spirituals with roots primarily in songs and stories from the Louisiana State Penitentiary in Angola, La. While Wiley hopes Yoshi’s can bring in artists like Billy Harper and David Murray, not necessarily household names even in mainstream jazz homes, he recognizes the reality of booking the club. "I’m not so into Rick Braun, but I understand," he says with a laugh, referencing the smooth jazz trumpet icon. "I just hope the club represents the music to its fullest, because it’s the only American contribution to global art."

ACCESSIBLE AVENUES


Former club owner Barkan hopes the new Yoshi’s anchors a reinvigorated jazz scene in San Francisco, one that can support another, smaller club as well, something with around 150 seats and less of an overhead, which a savvy veteran promoter like, say, himself might book. A smaller room certainly would make music more accessible to audiences. It might also underscore the notion that there just aren’t the headliners in jazz that there once were — the names needed to fill a room the size of the new Yoshi’s. "When the Keystone was up and running, we had Dexter Gordon, Elvin Jones, Gene Ammons, Art Blakey, Cannonball Adderly, Rashaan Roland Kirk, Freddie Hubbard," Barkan says. "The list was pretty inexhaustible.

"More than anything, jazz needs committed, dedicated presenters," he continues. "Yoshi’s is to be commended for what it does. They’re unsung heroes of this whole scenario."

The long-ago memories from San Francisco’s jazz club past sound like misty urban legends. Bop City, for instance, was the spot where Billie Holiday and Charlie Parker played. Saxophonist John Handy was just 18 when he joined John Coltrane onstage. Across town in North Beach, Miles Davis recorded his first live album at the Blackhawk. Charles Mingus recorded one of his best live LPs at the Jazz Workshop, and Adderly got famous from the one he recorded there. Do you remember Sun Ra’s expansive band flowing off the tiny stage at Keystone Korner? Jazz fans may have to resign themselves to the fact that it may never be like that again.

But there’s a San Francisco jazz continuum that includes those clubs, writers like the late Phil Elwood, producers such as Orrin Keepnews, and musicians including Joe Henderson, to name just a few. There have been many other forgotten heroes and great moments. And even though CD sales have slumped in recent years, reflecting the faltering music industry as a whole, there are as many good musicians around as ever, and most observers think an audience is there as well. For any live music scene to work, there have to be the players, the audience, and the venue to bring them together, and Yoshi’s hopes to do that for the Fillmore. "I just hope the Bay Area jazz community will band together, check this out, and make it work," Williams says. "It’s a huge undertaking. It’s going to be a beautiful room, there’ll be beautiful music, and if people come, it’ll be a success."

ROY HAYNES AND YOSHI’S BIRDS OF A FEATHER SUPER BAND

Nov. 28, 8 and 10 p.m., $100

Yoshi’s

1330 Fillmore, SF

(415) 655-5600

www.yoshis.com

Behind the Bey empire

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Editor’s Note: The Chauncey Bailey Project, a collaboration of local media outlets including the Guardian, is investigating the circumstances surrounding the Aug. 2 murder of Bailey, an Oakland journalist who was reporting on the financial dealings of the Bey family’s Your Black Muslim Bakery at the time he was killed. For more information, including audio, video, and updates on the case, click here.

Since 2003, Esperanza Johnson, a former key figure within Oakland’s Bey organization, and her husband, Antron Thurman, have acquired nearly $2 million worth of East Bay real estate through a string of controversial deals tainted with allegations of deceit.

In five cases those deals led to litigation. Johnson, of Antioch, who also goes by the name Noor Jehan Bey, has twice been accused of fraud. Court records indicate that one of those transactions involved falsified documents.

One sale involving Johnson, a licensed real estate broker, led to criminal charges: Alameda County prosecutors in 2006 convicted a Johnson associate on fraud charges stemming from a deal that cost an East Oakland couple their home.

A broad array of characters have tangled with Johnson and Thurman in court, including a disabled Berkeley bus porter forced from his family home, an Antioch couple now facing foreclosure, and East Bay Habitat for Humanity, a nonprofit organization that builds homes for the poor and struggling. Combined, they claim to have lost at least $1.77 million in property, cash and equity in the deals.

The revelations about Johnson and Thurman come as authorities scrutinize the extensive real estate dealings of the Bey family and their bankrupt business, Your Black Muslim Bakery, including Johnson’s role as the broker for an Oakland woman named Paulette Arbuckle who is attempting to buy the bakery’s San Pablo Avenue headquarters. Johnson bore four of the Bey family patriarch’s dozens of children.

Bakery CEO Yusuf Ali Bey IV, 21, jailed without bail on kidnapping and torture charges, also is charged with real estate fraud: prosecutors say he bought an Oakland property under a false identity.

And bankruptcy trustee Tevis Thompson, who is overseeing the liquidation of Your Black Muslim Bakery’s assets, has claimed in court papers that Bey IV transferred $2.28 million in bakery properties to his mother, Daulet Bey, in a bid to “defraud creditors.” The trustee has sued for those properties’ return.

Devaughndre Broussard, a 20-year-old bakery associate, is charged with the Aug. 2 shotgun slaying of Oakland Post Editor Chauncey Bailey as he walked to work in downtown Oakland. Police say Broussard made a confession – later recanted – that he killed Bailey because the journalist was working on a story about the bakery’s finances and bankruptcy case.

Johnson, whose state business registration was suspended more than a year ago for failure to pay taxes and who with Thurman has more than $1 million in state and federal tax liens recorded against them, didn’t return numerous telephone calls and emails, and didn’t answer the gate at her Antioch home on two recent occasions.

Thurman refused to speak to reporters who approached him recently in Oakland.

A Los Angeles real estate consultant who reviewed Johnson’s transactions for the Chauncey Bailey Project said the trustee and judge handling the bakery’s bankruptcy should examine Johnson’s record.

They “should be made aware that a realtor on a transaction which requires the trustee’s approval has a murky… background,” said Eric Forster.

The attorney for the court appointed bankruptcy trustee charged with liquidating the bakery said Johnson’s transaction history would be probed.

“Obviously it is of some concern to us and we’re looking into it,” Eric Nyberg, attorney for trustee Tevis Thompson, said when informed of the cases.

He also noted that Arbuckle may not, in the end, be the highest bidder for the bakery. A hearing on her offer is scheduled for Nov. 29. If the $899,999 bid of Johnson’s client, Arbuckle, is successful and Johnson is “entitled to receive the commission, then we really don’t have an issue with it,” Nyberg said.

A spokesperson for the state Department of Real Estate, Tom Pool, wouldn’t discuss the Johnson and Thurman transactions.

Machado

Markus Machado and Gail Mateo said that when they wanted to buy a newer and bigger home in 2005, they went to a real estate broker they thought they could trust: Esperanza Johnson.

A Compton native, Johnson became involved with the Bey organization, a spin-off of the Nation of Islam, at the age of 12, taking the name Noor Jehan Bey.

She’s returned to using the name Esperanza Johnson, though she’s been listed in judgments against her by banks and credit-card companies as Nellie Bey, Nuri Bey, Noojean Bey and Noor Jehan Esperanza, a review of records by the Chauncey Bailey Project shows. And, in 2005 testimony, she said she still occasionally uses the name Noor Jehan Bey.

Johnson had hired Machado, a graphic artist, to create flyers for her Signature One Mortgage and Real Estate.

In a recent interview at his lawyer’s office, Machado described her as warm and gregarious – at first, anyway. Machado said Johnson arranged what seemed like an incredible deal: the couple could sell their 50-year-old Pittsburg house and move into a spacious four-bedroom home in a verdant Antioch subdivision, an ideal place to raise their three children and grow old together.

Johnson promised they’d pay about $1,600 a month for the new home, only a little more than their mortgage at the time. Machado said Johnson even agreed to forgo her usual commissions “because we were like family.”

They said Johnson had told them their credit was poor, and talked them into selling their Pittsburg house to one of her employees, Araceli Moreno, for $350,000 while putting the new home and mortgage in Moreno’s name as well. They expected to refinance the loan in about a year, when Moreno would sign the house over to them.

It seemed perfect – until the bills arrived.

The payments were $2,700 a month and soon ballooned higher, they now say in court records. And then Johnson – who in sealing the deal had diverted almost $58,000 of equity from their old home to others, and had won large commissions for herself by getting them an unfavorable mortgage – stopped taking their calls, Machado said as his wife sat next to him weeping.

The couple had trouble making the payments almost immediately and Moreno began receiving calls from the mortgage company. She sued Machado and Mateo last year.

“The point of (Moreno’s) lawsuit was to get them to refinance to get my client’s name off the loan and for her to go ahead and salvage what of her credit picture she could,” said Moreno’s attorney, Richard G. Hyppa of Tracy.

The couple counter-sued in November 2006, naming Moreno and Johnson as defendants, claiming that Johnson defrauded them. They are now months behind on the payments and stressed to exhaustion.

“I don’t sleep. Gail doesn’t sleep,” Machado said. “I was very naive. We were led down this primrose path because I trusted (Johnson) implicitly.”

After paying off what they owed on the Pittsburg house, about $190,000 was left over that should have been used for the down payment on the Antioch house. But the suit alleges that Moreno used only $77,973 toward the down payment.

Meanwhile, court records say Johnson arranged for another $10,000 to be paid out to Moreno, and for someone named Harry Hawkins to get $45,830 as “repayment of loans.” Machado’s lawyer, Ken Koenen, said attempts to locate Hawkins have been fruitless.

The suit also claims Johnson structured the Antioch mortgage so monthly payments would increase dramatically after a year, and so Machado and Mateo would have to pay an $18,000 penalty in order to refinance – thereby earning her a much larger commission.

Machado and Mateo now are several months in arrears on the mortgage in Moreno’s name. Default notices have arrived at the house.

“It’s an extremely painful thing,” Machado said. “We have been robbed of our peace of mind. We have to make decisions about whether to put food in the refrigerator or gas in the car. We’ve not even sure we’re going to have a place to live.”

Johnson hasn’t responded to the couple’s lawsuit and will likely be subject to a default judgment, Koenen said.

Chicago D&P
Johnson and Thurman in 2004 acquired a Hercules home after a federal judge had ordered it frozen as an asset of an investment company, Chicago D&P, that the U.S. Securities and Exchange Commission had accused of fraud.
The property was supposed to be sold to help pay back investors – reportedly including at least 30 active-duty Marines and several churches – which had been cheated out of millions through Chicago D&P’s pyramid schemes.
The daughter of the company’s president had bought the property years earlier using a straw purchaser – a friend with better credit – as a front, according to court records.
That friend had been trying to get her name off the title for some time, and the daughter’s attorney – Githaiga Ramsey, who also worked for Thurman and Johnson on another case – persuaded her to sign the house over to them. Records shows Ramsey offered the friend $20,500 to complete the transaction but that the payment was never made.
The transfer of the house occurred after U.S. District Court Judge Charles Breyer ordered the property frozen. Thurman then turned around and sold it a month later to one of the employees of his bail bond business, Jamie Bonilla, for $460,000. Johnson filed Bonilla’s loan application.
Most of that money appears to have eventually gone to pay mortgages against the property when Thurman and Johnson acquired it for free. But first, Thurman received $60,213 from the deal’s escrow; and Ramsey got $31,000.
It remains unclear who lived in the house after Bonilla bought it.
Stephen Anderson, the receiver representing Chicago D&P’s bilked investors, wrote in April 2005 that he believed Johnson’s daughter, Nisa Bey, had lived there.
Other documents show Madeeah Bey – another mother to several of patriarch Yusuf Bey’s children – used it as her mailing address in two December 2004 real estate deals.
It’s also unclear whether Thurman and Johnson knew of the court order freezing the house when they took possession of it. But in February 2005 Breyer held Ramsey in contempt of court for defying his order.
Ramsey and Thurman both repaid the money they received from the escrow when Thurman sold the house to Bonilla.
Bonilla, within a few months, then sold the house for $625,000 – a profit of $211,690 from a property that the receiver had originally wanted to sell to help repay the defrauded investors.
Anderson said a long legal battle to regain title to the house would’ve been too costly.
“We made an economic decision,” he said. “The objective of the receiver is to return as much money as possible back to the investors, and it was not difficult to determine we were going to get more money” by taking the $91,000 from Thurman and Ramsey than by “trying to unscramble that whole mess.”
Ramsey, who surrendered his law license while facing disciplinary charges from an unrelated case, wouldn’t discuss this case or others in which he was involved with Johnson and Thurman.
“My God, am I never going to get away from this?” he said. “I’m not involved and I don’t want to be. I’m not in contact with these people anymore.”
Bonilla could not be located.
Habitat for Humanity house
Antron Thurman married a woman named Sharon Clements in December 1987. Records show they separated seven months later and eventually filed for a divorce that was never made final.

In early 2000, Clements, as a single mother, moved into a home on 105th Avenue in Oakland built by the low-income housing nonprofit East Bay Habitat for Humanity. It gave Clements a no-interest $112,000 loan with no down payment.

Clements died in April 2003, leaving no will. Usually either there’s a clear legal inheritance, or else the nonprofit passes the deed to someone qualified for low-income aid, executive director Janice Jensen said. But Clements’ son was still a minor.

Clements’ home stood vacant for three years while her estate was sorted out in Alameda County Probate Court.

Then, in mid-2006, Thurman argued he was entitled to the low-income property as Clements’ surviving spouse, records show – even as he listed his address as Johnson’s Antioch home, and other records showed that in the previous few years he had bought and sold in excess of $1 million in East Bay real estate.

“Frankly, I didn’t even know about Mr. Thurman,” Habitat’s Jensen said. “I had no idea who he was or that he even existed until the attorneys got involved. When we looked at the deed, she was the only signature, so she bought that home herself.”

Still, Alameda County Superior Court Judge Marshall L. Whitley awarded Thurman the house, which had restrictions in place to preserve its affordability for low income people.

Thurman then sold it back to Habitat for Humanity for the $13,500 in equity that had accrued during the three years Clements owned it.

Alana Conner, an attorney for Thurman at the time, said she couldn’t independently recall details of the case and declined to discuss it.

Stewart

Mitzie Peters befriended Brandy Stewart in 2001, studying the Bible with her eventual victim, court records say.

Peters persuaded the cash-strapped AC Transit bus driver to deed the home at 1565 77th Ave. – which Stewart had inherited from her mother, and in which she, her husband and her three children lived – into Peters name and use Peters’ credit to get an equity loan. Peters promised to return the deed after a few days, keeping $12,000 from the loan as a fee.

“She said that because she loved me so much, she would never, ever think about doing this for anyone else, but she would help me to get the house refinanced,” Stewart would later testify.

Stewart deeded the house to Peters on March 11, 2003. But rather than sticking to the deal, Peters drained the property of all equity and gave nothing to Stewart, court records show.

Peters couldn’t have conducted the transaction without Johnson and her family.

As Peters’ broker, Johnson submitted a series of loan applications reporting Peters’ income as increasingly higher until the bank accepted the deal; she also allegedly coached Stewart in writing to the title company and falsely claiming Peters was her cousin.

Johnson’s sister, Ruquayya Jasmine Pennix, prepared Peters’ tax returns to send to the loan company, showing self-employment income that Peters later admitted was bogus; it’s unclear if Pennix knew that at the time.

Another of Johnson’s sisters – Fatima Ismail, who worked in Johnson’s office – drew up a phony lease showing Peters had derived rental income from Stewart’s house, according to court records.

Three months after she took title to Stewart’s house, Peters sold it to one of Johnson’s sons, Amir Bey. Under oath, Amir Bey later admitted he was just a straw buyer for his mother.

When arrested and charged with unrelated public benefits fraud, perjury and grand theft in July 2004, Peters made bail with Thurman’s Sinbad’s Bail Bonds.

As investigators also began probing her real estate activities, Peters gifted her Hayward condo to Johnson’s daughter, Nisa Bey, who sold it a month later for about $400,000.

Peters then lived with Nisa Bey in Pittsburg until going to prison. Because her bail had been secured with the condo, Thurman later asked a judge to exonerate the bail and return more than $50,000 – to Nisa Bey.

The Alameda County District Attorney’s office interviewed Johnson, Thurman, and their attorney, Githaiga Ramsey – who had represented Peters until just two months earlier, and who had just arranged the Chicago D&P deal for them – in September 2004.

“Johnson seemed evasive when questioned about irregularities in the loan and application process,” inspector Paul Wallace wrote in court papers.

But Johnson wasn’t charged.

“We didn’t think we could prove the case against her beyond a reasonable doubt,” Deputy District Attorney Alyce Sandbach said. “We didn’t have enough to make her on a case of fraud… of having made knowing misrepresentations.”

Among additional charges filed against Peters in November 2004 was a felony grand-theft count for equity and title to the Stewarts’ home; she pleaded no contest to that and 15 other, unrelated counts a year later, and was sentenced in February 2006.

The Stewarts got the $50,374.10 bail money Thurman had tried to direct to Nisa Bey. A judge in January ordered Peters to pay $486,083.90 in the Stewarts’ civil lawsuit, but they haven’t seen a dime, their lawyers say.

Amir Bey and Johnson tried to evict the Stewarts, court documents show, but backed off when the couple obtained free legal help.

The Stewarts then sued Johnson, Peters and Amir Bey; Johnson eventually offered to deed the house back to Stewart, but with the equity drained, the Stewarts couldn’t afford the higher mortgage payments.

A judge in September 2006 ordered Johnson and Amir Bey to pay the Stewarts $100,000 – $20,000 up front and $1,667 per month for 48 months.

Rebecca Saelao, the Stewarts’ attorney, said this civil judgment became a lien on the house, and was subordinated to massive mortgages Johnson and Amir Bey had taken on the property and eventually defaulted on. The house was sold at auction last year for $80,900, public records show.

The Stewarts got only about $5,000 from the sale of the home they’d lost. They no longer live in the Bay Area, and couldn’t be reached for comment.

Taylor

Wrapped in a thin, sea-green blanket, Donald Taylor lay in a narrow bed at a Stockton nursing home recently, his frail 61-year-old body ravaged by diabetes and hypertension. His wheelchair was parked at his bedside, a walker he wants to learn to use, a few feet away.

Taylor is broke and relies on Medi-Cal, the state insurance program for the indigent, to bankroll his care and board at the Elm Haven Care Center.

His room is dingy and, fluorescent-lit with peeling blue wallpaper and a television, foil wrapped around its rabbit-ear antennae, issuing forth static-filled sound. He spends his days “just doing nothing.”

He said he wonders what his life might be like now if he never encountered Antron Thurman. “I think about it quite often, but there’s nothing I can do… I think about how they took the house from me,” Taylor said haltingly in a soft, gravelly voice that contained little emotion.

In the 1950s Taylor’s parents bought a cozy two-bedroom home on a tree-shaded street in north Berkeley. He grew up there and lived there still as an adult, while working as a bus-station porter. When his parents died, he and his sister, Loretta Alexander, inherited the house; the mortgage was paid off.

In early 2001, according to interviews and court documents, stepbrother Frederick Myers Jr., approached the siblings with a plan: He would help them form a company to manage the house and another property they had inherited, an undeveloped Lake County parcel.

Myers asked them to transfer the two deeds to the new corporation, which he would helm for them. Taylor said he agreed at his sister’s urging, believing the three of them could profit from development of the Lake County parcel.

But Myers suddenly sold the Berkeley house to Thurman, pocketed hundreds of thousands of dollars and disappeared, court documents say, catching Taylor and Alexander completely off guard.

“I felt I had been cheated,” Taylor said, adding that he believes Thurman and Myers worked in concert. “Fred Jr. took the house and sold it to (Thurman) and it’s been downhill ever since. He sold it out from underneath us.”

Myers could not be located. Thurman, asked if he remembered Taylor, refused to answer as he climbed into a Cadillac Escalade outside a home in the Oakland hills.

Alexander’s son, Tony Cole, expressed disgust at the way his mother and uncle were played. “That property slipped right out from underneath them,” he said in a phone interview. “They didn’t have the business sense to know what was going on.”

Taylor and Alexander in 2004 sued to reclaim the house. Myers never appeared in court, but Thurman – represented by Githaiga Ramsey – responded by filing his own suit, claiming he had legitimately bought the property for $374,388 and demanding that Taylor pay $1,500 in monthly rent or get out.

Taylor and Alexander eventually settled the case for $55,000; it took Thurman 10 months to pay them, court records indicate. Taylor’s attorney, Frederic Harvey, refused to discuss the case.

The two-story, beige stucco house with a large garage has steadily appreciated in value. Public records show Thurman sold it in 2004 to Madeeah Bey – the same relative who used the Chicago D&P house in Hercules as her address – for $520,000; she sold it for $850,000 less than a year later. The house is now assessed at $867,000.

Alexander died last year. Taylor lost most of his possessions including photos of his mother when he left the property.

“I’d like to tell him to go (screw) himself,” Taylor said of Thurman, his legs twitching quietly under the blanket.

University of California Berkeley Graduate School of Journalism students Lisa Pickoff-White, Robert Lewis, Nick Kusnetz, Vianna Risa Davila, Marnette Federis and Lucie Schwartz contributed to this story.

Thomas Peele and Josh Richman are staff writers for the Bay Area News Group; A.C. Thompson is a free-lance reporter working for New America Media and Bay Area News Group-East Bay; Bob Butler is a freelance reporter and president of the Bay Area Black Journalists Association.

Man with a mission

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› kimberly@sfbg.com

SONIC REDUCER J Church’s Lance Hahn was possibly the only vocalist-guitarist ever to front a punk band wearing slippers (translation for mainlanders: flip-flops). A longtime presence in the Mission District anarchist punk scene until his move to Austin, Texas, in 1999, Hahn died down south Oct. 21 at 40 from complications after a lengthy battle with kidney disease. Although we were both from Honolulu, and the same small but spunky punk scene at that, I never really knew him, though throughout the ’90s I saw him around town and behind the counter at scruffy, sunny Epicenter, the punk zine HQ and hangout high above 16th Street and Valencia.

He really found a home here, on the other side of the Muni tracks that inspired his band name. That much was evident Nov. 11 at Hahn’s packed memorial, organized by friends like ex–J Church drummer and current Aquarius co-owner Andee Conners. Watching the Super 8 films of Hahn as a child and surrounded by copies of old J Church posters, I was struck by the realization that an era — not just a man — had truly passed. He’d had an impact on punk scenes here and elsewhere. Never mind that he played guitar for Beck from 1994 to ’95 — Hahn was more than that. He was an unassuming everyguy who happened to front a fine punk unit named after the streetcar line that carted him to work and provided a space for his songwriting — and an artist who touched a lot of people with his music, the words he wrote in zines like Maximumrocknroll, and his presence in the ’90s SF anarchopunk scene.

At a time when punk so often comes off as yet another stale, mall-purchased arena pose, Hahn is a reminder of how politicized the music was in the ’80s and even the ’90s — and what an act of will it was to be hardcore in those prewired days. You had to make the effort to scour Factsheet Five to find the zines to connect with other voices in the wilderness or to get your grubby meat hooks on the 7-inches that you could never find in your small-town record store. When I first encountered Hahn, he was playing with a few of the smarter, more committed local misfits in Cringer, a Honolulu punk combo known for its superior songwriting. Other like-minded, passionate souls were few and far between, which may have been why Hahn garnered a reputation as a warm, approachable figure, even as J Church found punk renown.

I heard he had moved to Los Angeles to work for nuclear disarmament group SANE/FREEZE and then finally relocated to San Francisco, where he worked for the activists as well as Revolver and recorded with J Church for such imprints as Lookout! and Honest Don’s. The year he moved to Austin, Hahn was diagnosed with congestive heart failure, and in 2006 with kidney failure and — once again — congestive heart failure. In the months before his death, he went through numerous outpatient surgeries, struggled through dialysis, and stressed out about his lack of insurance, although he continued to plug onward, running Honey Bear Records, publishing his zine, Some Hope and Some Despair, and working on a tome of anarchopunk history.

He’ll doubtless be a part of that history, thanks to fans and friends like Gits drummer Steve Moriarty, who e-mails, "Lance’s purpose was more than to be a musician in a punk band. He was an inspiration and center of a very positive and progressive music scene during the ’90s" — and Adam Pfahler, who drummed for J Church as well as Jawbreaker and Whysall Lane. "Aside from being one of the smartest, funniest people I’ve known, he was a Mission District fixture and the glue that held the San Francisco punk rock community together through J Church, setting up shows, his writing, volunteer work, and most importantly, his friendships," Pfahler writes in an e-mail. "Even though he moved to Austin years ago, he was somehow magically just around the corner ready to pick up right where he left off. I wouldn’t be surprised if he showed up to his own memorial, going, ‘Oh holy shit! What’s going on?’<0x2009>"

XIU XIU SHIMMIES FOR AIDS ORPHANS


Xiu Xiu’s Jamie Stewart has a lot going on: a new book, Xiu Xiu: The Polaroid Project (Mark Batty), of postshow Polaroids tirelessly snapped by tour manager David Horvitz and culled from three tours’ worth of film sent by fans, and an album, Women as Lovers (Kill Rock Stars), due Jan. 29, 2008. Now the Oakland dynamo’s helping to put together "Give In," a Nov. 16 dance party benefiting the Nyumbani AIDS orphanage in Kenya, with Kill Rock Stars matching all donations. Deerhoof’s Satomi Matsuzaki and Why?’s Yoni Wolf will DJ along with Stewart, who dreamed up the idea with friend and orphanage volunteer Angela Seo. Like gloom with your get-down? Stewart will satisfy: he told me he plans to play only Joy Division, Smiths, and Cure songs during his 40-minute set. "People are either going to love this or hate this!" he says gleefully. "It’s my idea of heaven on earth. Hopefully, it will be other people’s as well." 2

"GIVE IN" BENEFIT

Fri/16, 9 p.m., $7–$20, sliding scale

LoBot Gallery

1800 Campbell, Oakl.

www.lobotgallery.com

Redevelopment blues

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James Baldwin said it most eloquently and publicly: "Urban renewal … means Negro removal" — during a 1963 TV interview on meeting a boy displaced by the Fillmore-area redevelopment projects of the ’50s and ’60s. Wondering what happened to the Fillmore’s vibrant jazz, blues, and R&B clubs — which once drew musical giants like Ella Fitzgerald and Duke Ellington and fostered local neophytes like Etta James and Chet Baker? Look to the two phases of the Western Addition Project, which swept over at least 30 blocks and affected more than 17,000 residents from 1953 to 1967.

Long before the bulldozers arrived, the Fillmore was renowned as one of the most diverse neighborhoods in San Francisco, a magnet for Japanese and Filipino immigrants. A few African American families had been living in the neighborhood prior to the 1906 earthquake, and when World War II brought the removal and internment of the Fillmore’s Japanese and Japanese American residents, the African American population exploded as workers moved from the South to the West Coast to work in the shipyards. Their arrival led to the blossoming of black-owned businesses and the Fillmore music scene. Hollywood stars could be spotted in back rooms, experimental filmmaker Harry Smith painted murals on the walls of Bop City, and marquee names such as Lionel Hampton would jam with local talents like Jerome Richardson and Vernon Alley and take them on the road.

Yet after the war, despite the early protests of community leaders, the Fillmore was slated for redevelopment — one of many "modernization" projects spurred by US redevelopment agencies created in the late ’40s that inevitably pinpointed neighborhoods populated by the poor and people of color. The two-lane Geary Avenue was transformed into a six-lane thoroughfare to speed commuters toward the Financial District, thousands were forced to move, and by 1967, when the Western Addition Community Organization managed to win a lawsuit against the city to stop demolition, only two venues had survived: the third incarnation of Jack’s Tavern, currently the Boom Boom Room, and the Majestic Ballroom, now the Fillmore.

More than 5,000 displaced people were left with "certificates of preference" promising dislocated residents and business owners spots when they returned, which few did. Instead, many moved away and lost contact with the Redevelopment Agency, chalking up their losses to false promises; still others have fought to have their certificates honored, such as Leola King, the owner of jazz-era nightspot the Blue Mirror (see "A Half-Century of Lies," 3/21/07).

King lives just down the street from the Fillmore Heritage Center, which houses Yoshi’s, the Jazz Heritage Center, and 1300 on Fillmore. It’s the final piece of the puzzle and fills the last remaining lot left by the redevelopment begun in 1953 — more than 50 years after the fact.

As the devastated dirt lots have remained barren for decades, the Fillmore has become more associated with crime and shattered dreams than the hot sounds and wild times of the 1940s and ’50s. When the Fillmore Center, with its Safeway, was finally built in the late ’80s, the community hoped for an economic renaissance which never quite arrived, old-timer Reggie Pettus of the New Chicago Barber Shop recalls. Jazz — in all its permutations — continues. And the oft-cited villain of the piece, the Redevelopment Agency, has attempted to redress its wrongs, producing booklets about the Fillmore’s musical heritage to spur developers to build in the neighborhood renamed the Fillmore Jazz Preservation District.

"The signs here always cracked me down because there’s nothing left to preserve!" says Elizabeth Pepin, coauthor of Harlem of the West (Chronicle, 2006), who initially learned about the neighborhood at the behest of Bill Graham as the Fillmore theater’s day manager in the late ’80s. "It’s all been bulldozed down. It shouldn’t be called ‘preservation district.’ It should be called ‘resurrection district.’<0x2009>"

All that’s left are memories and photos, which she and coauthor Lewis Watts gathered for their book and curated for 1300 on Fillmore’s walls. Pepin has done her share of work for the agency and the neighborhood, helping to fill the empty storefronts with posters of the area’s musical history, and is all too familiar with its fumbles. "The Redevelopment Agency just can’t get out of its own way — a disaster over and over again. Even the best intentions — for example, they hired me to do these names." She points to the monikers of local musicians like John Handy on the bricks of the sidewalk, running perpendicular to pedestrian traffic. "Why did they turn them this way? You put them the other way so people can read them as they’re walking, and then they’re so small nobody notices them!"

Still, she has her hopes, like everyone else who loves the Fillmore: "I want it so badly to succeed." The arrivals of Yoshi’s and 1300 on Fillmore are exciting, she agrees, though she wonders whether the old scene can truly be re-created. "One, when jazz was here in the ’40s and ’50s, it was superaffordable. Two, it was the music of the day, the rap music of the day, and all the people went out and danced," she explains. "It does worry me that everyone is pinning their hopes on this one corner to bring back everything else."

"Oddly enough, the Fillmore jazz district is probably more well-known in Europe among jazz collectors than in our own backyard," says Guardian contributor and cohost of KUSF’s Friday Night Session Tomas Palermo. He believes the area’s jazz history should be included as part of the core curriculum at SF public high schools, and he urges Yoshi’s San Francisco and other "jacket-and-tie" jazz outlets to "open up to new sounds," citing London’s Jazz Cafe, which books everyone from Roy Ayers to 4hero. He agrees with other watchers: the last parcel of land razed by the redevelopment wrecking crews shouldn’t become yet another exclusive club for the moneyed elite who roll down Fillmore from Pacific Heights and across the bridges. It has to be accessible to the community and the creatives who once made it what it was and what it could be, taking it even further from what Pettus once described as "Fillmo — no mo’." "Now," Pettus says, taking a break from cutting heads, "it’s ‘Fillmore — maybe!’"

The Fillmore mess around

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› a&eletters@sfbg.com

San Francisco’s Fillmore District, Willie Brown once said, "had to be the closest thing to Harlem outside of New York." The Fillmore was in its golden era when the future mayor, then a teenager, arrived in 1951 from segregated Mineola, Texas. The 20 blocks that constitute the heart of the Fillmore then bustled with commerce and culture. It was a vibrant African American community, renowned for its nightlife.

People from throughout the Bay Area and around the world came to clubs such as Bop City (1690 Post), Jack’s Tavern (1931 Sutter), Elsie’s Breakfast Nook (1739 Fillmore), the Blue Mirror (935 Fillmore), and the Booker T. Washington Hotel’s cocktail lounge (1540 Fillmore) to see local attractions like Saunders King and Vernon Alley, as well as such national stars as Louis Armstrong, Louis Jordan, Slim Gaillard, Art Tatum, T-Bone Walker, Roy Milton, and Ruth Brown. It was not uncommon for audience members to bump shoulders with Duke Ellington, Billie Holiday, Robert Mitchum, Sammy Davis Jr., Dorothy Dandridge, and other visiting celebrities. Saxophonist John Handy remembers jamming with John Coltrane at Bop City, then going around the corner to Jackson’s Nook (1638 Buchanan) to share tea and conversation with the then-little-known musician, who was in town with Johnny Hodges’s band.

"Coltrane was quiet," onetime Bop City house pianist Frank Jackson recalls over a plate of short ribs at 1300 on Fillmore, a new upscale soul food restaurant two doors down from the new Yoshi’s San Francisco club. Willie Brown is dining a few tables away.

By the time Brown became mayor of San Francisco in 1996, the Fillmore was pretty much a ghost town and had been for some two and a half decades, the victim of a botched redevelopment plan. Small groups of aging African American men gathered on corners and in vacant lots that stretched for blocks, bringing folding chairs and tables to play dominos or poker.

In a letter to the editor of the San Francisco Chronicle about 20 years ago, an African American minister from the Fillmore who was opposing plans to revitalize the area’s nightlife claimed there had never been much of a jazz scene in the area. But those old men, as well as many musicians from the Fillmore’s heyday, knew better. Visual proof can be found in page after page of historic photographs collected by Elizabeth Pepin and Lewis Watts in Harlem of the West: The San Francisco Fillmore Jazz Era (Chronicle, 2006). Many also fill several walls in 1300 on Fillmore’s lounge. Some can be viewed in rotation on a screen above the bar and outside, on the Eddy Street side of the building, which also houses Yoshi’s, the Jazz Heritage Center, and 80 condominiums.

THE HOOD HEATS UP


"The Fillmore was hot," says trumpeter Allen Smith, who moved there from Stockton in the late ’40s. "You could hit two or three clubs in one block, each with a band. Racial prejudice was practically nonexistent. You gotta remember that blacks weren’t even welcome on the east side of Van Ness Avenue — but all the races could mix in the Fillmore. You could be out all hours of the night, partying with whomever you cared to, and you didn’t have to worry about anybody mugging you or bothering you. It was just very cool." The 82-year-old musician — who has played in the Benny Carter, Benny Goodman, and Gil Evans orchestras — will perform as a member of the Frank Jackson Quintet on Dec. 3 at the new Yoshi’s.

"There were a lot of after-hours clubs," says Jackson, also 82, a Texan who settled in the Fillmore with his family in 1942. "Bop City was about the most popular thing in this area. I was one of the house pianists. I would play different nights. We would all fill in for each other. If you got a better gig, you’d go and take it. There was always somebody that could take your place."

Bop City was owned by promoter Charles Sullivan, who in the 1950s and early ’60s was presenting such attractions as B.B. King, Bobby Bland, and Ike and Tina Turner at the Fillmore Auditorium before Bill Graham ever set eyes on the building. The after-hours club opened in 1949 and was originally called Vout City, with Slim Gaillard as host and attraction.

Famous for such songs as "Flat Foot Floogie," "Vout Oreenee," and "Popity Pop," Gaillard was a vocalist, multi-instrumentalist, and purveyor of jive talk. "He spoke several different languages and invented some of his own," says Jackson, who was a member of Gaillard’s band at Vout City. The eccentric Gaillard was as likely to bake a cake in the club’s kitchen and serve it to customers as he was to perform. After several months Sullivan let Gaillard go and hired Jimbo Edwards to run the room.

"Jimbo was a used-car salesman downtown or somewhere," Jackson says. "He knew absolutely nothing about jazz, but he got his jazz lessons right there with Bop City as his workshop. He got to know exactly what was going on and who was doing what and whether they were good at it."

Besides such then–resident musicians as Handy, Pony Poindexter, Dexter Gordon, and Teddy Edwards, Jackson remembers playing during his seven years at Bop City with many out-of-town talents, including Coltrane, Charlie Parker, Ben Webster, Frank Foster, Stuff Smith, Art Blakey, Chico Hamilton, and Philly Joe Jones. And he especially remembers the night his idol, pianist extraordinaire Art Tatum, came in to listen but not to play. "They gave him a seat right by the piano," Jackson says. "I did not wanna play. The place was packed. There were seven or eight piano players in the house, but nobody wanted to come up and play."

Edwards relocated the club to Fillmore Street in the mid-’60s, but it closed shortly thereafter. The action had shifted to Soulville at McAllister and Webster streets, where younger players like Dewey Redman and Pharoah Sanders jammed, and to the Half Note on Haight Street, where George Duke led a trio with vocalist Al Jarreau. And just down the street Handy’s explosive quintet with violinist Michael White appeared regularly at the Both/And, which also presented such touring artists as Betty Carter, Milt Jackson, Roland Kirk, and Archie Shepp.

"THEY TOOK AWAY THE MUSIC"


By the end of the ’60s, however, jazz was all but dead in the Western Addition. Only Jack’s, which had moved from Sutter Street to the corner of Fillmore and Geary in the building that is now the Boom Boom Room, survived into the ’70s. Some, like Handy, blame the decline of jazz on the popularity of rock, others on rising crime and the San Francisco Redevelopment Agency.

"To me, they just destroyed the area," Jackson says of the city agency. "They took away the music. They took away homes from people. They were in a hurry to get people out of their homes."

Allen Smith’s son Peter Fitzsimmons has long been active in efforts to bring jazz back to the Fillmore and currently runs the Jazz Heritage Center, which includes an art gallery, a screening room, and a gift shop. "There were a lot of variables in place that kinda brought down the jazz scene," he says. "The music trends went away from jazz into the big stadium-rock concerts. There were some black families moving out of the Fillmore, so there wasn’t as much nightlife. And it got a little more dangerous. Like in major cities everywhere else, destitute people, drugs, and other things came into the sociological picture.

"In the ’50s and early ’60s, Jimbo was there," Fitzsimmons adds. "He marshaled his club. It wasn’t a dangerous place. People were coming from all over the world to go to Jimbo’s." Fitzsimmons and a lot of other people are confident that jazz in the Fillmore will again rise to such heights. *

FRANK JACKSON

Dec. 3, 8 and 10 p.m., $16–$20

Yoshi’s

1330 Fillmore, SF

(415) 655-5600

www.yoshis.com

Green City: Solar solutions

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› amanda@sfbg.com

GREEN CITY When Berkeley mayor Tom Bates recently announced a creative city plan to financially assist homeowners who want to dress their roofs in solar panels, people across the Bay wondered if San Francisco could come up with something similar.

It’s happening. Sup. Gerardo Sandoval is working with the City Attorney’s Office on legislation to make solar panels more affordable for property owners. "The idea with my proposal is the city would use its very high credit rating to borrow money at almost zero cost," the District 11 supervisor said. That money would be turned over to citizens as low-interest loans to be paid back through a monthly assessment, similar to a property tax, with a very low interest rate. "It’s going to be a lot cheaper than what homeowners can do on their own."

A photovoltaic array for a typical home can cost the owner as much as $40,000, though state and federal incentives can reduce the cost by about $10,000. Systems are typically guaranteed by the manufacturers for 20 to 25 years, and the cost is recouped over time in reduced energy bills.

But the initial investment is high enough to discourage many would-be solar users. "The main challenge for many homeowners is the substantial upfront cost. It could easily cost you up to $50,000 to upgrade your home," Sandoval said of the bill for items like insulation, solar panels, and wind generators that can help modify a building to use less energy more efficiently.

Under this new financial program, the entire city would be declared a tax assessment district — similar to a Mello-Roos, or community benefit, district — with a resident opting in by deciding to buy solar panels. Both Berkeley and San Francisco are charter cities, which gives them the ability to tweak state laws, like the one that permits the creation of Mello-Roos districts, to meet local needs.

The plan to help private property owners has a number of public benefits. By generating most of their power on their roofs, homeowners will draw less juice from the grid, which is heavily dependent on fossil fuels (and is ultimately inefficient, as much energy is lost through transmission from distant power plants).

San Francisco is fast closing in on its 2012 deadline to reduce greenhouse gas emissions to 1990 levels, and a July Civil Grand Jury report found the city would have to triple its current reduction rate to meet that goal. Sandoval’s plan would help. According to a federal study, one kilowatt of solar electricity offsets about 217,000 pounds of carbon dioxide emissions per year. Additionally, the city is aiming to provide 31 megawatts of solar power capacity through Community Choice Aggregation, which Sandoval sees as part of his plan.

"Both programs are about organizing our city to get off the grid and get off fossil fuels," he said, adding that he hopes this financing model will expand to all renewable-energy and efficiency upgrades to homes and businesses.

The plan is still in its nascent stages, and a few administrative and legal questions remain.

It’s unclear which city department would administer the program, although San Francisco Public Utilities Commission spokesperson Tony Winnicker said, "We already have a framework to administer something like this," citing the management infrastructure of the city’s water and sewer systems. The Department of the Environment has also been suggested. Sandoval said, "There are a lot of different city agencies who see benefits of administering the program." He was clear that it should remain in the public sector, with the possible assistance of community-based nonprofits that understand the local needs of their neighborhoods.

Sandoval also sees his proposed program as a way to foster the right kind of industry in San Francisco. The volume of solar business could bring more manufacturing companies, and City College of San Francisco and other educational programs could partner with manufacturers to train consultants and installers.

Barry Cinnamon, CEO of Akeena Solar, a Los Gatos PV installer, expressed enthusiasm and support for the plan. "It’s really commendable that cities like San Francisco and Berkeley are trying to find ways to do this."

Sandoval hopes to see the program up and running within a year, and said, "If no one accuses me of conflict of interest, I’ll be among the first to sign up."

Ethics under attack

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› amanda@sfbg.com

A group of political campaign treasurers who regularly handle the financial nuances of reporting election cash have signed a letter disparaging the operations of San Francisco’s Ethics Commission.

"Fewer and fewer of our members are willing to accept San Francisco local candidates and committees as clients because of the hostile environment that now exists," reads a July 23 missive addressed to the five Ethics commissioners and posted by the Los Angeles–based California Political Treasurers Association.

The letter includes a laundry list of gripes, including that Ethics staff treat treasurers like criminals; the audit, fines, and penalty processes are too slow; forfeitures of campaign donations for minor reporting errors are unfair; penalties for some infractions are unjust; there’s been no guidance on a new law banning donations from corporations; and that when screwups occur the paid, professional treasurers are treated more harshly than volunteers.

Twenty-one CPTA members signed the letter, and several echoed its contents at a Nov. 8 meeting with Ethics staff.

"Honestly, our firm will probably never touch a San Francisco ballot measure again," said Stacy Owens of Oakland’s Henry C. Levy and Co.

However, Ethics staff refuted some of those complaints.

For example, the treasurers universally decried the requirement that a donor have a street address as well as a post office box. "It’s stupid," said Kevin Henegen of the Sutton Law Firm, who did not sign the letter but did attend the Nov. 8 meeting.

But it’s a law throughout California, not just in San Francisco. "The state considers this very serious," said Oliver Luby, the fines collection officer of the Ethics Commission and the most outspoken staffer at the meeting. He pointed out that a street address can be used to verify the physical existence of a donor, while a PO box can easily shield a false identity.

Some of the treasurers said the quick pace of campaigning can turn the search for a simple street address into a battle, and the threat of a fine or forfeiture from the Ethics Commission causes them to consider not reporting the donation at all until after the election, when the address can be less hurriedly determined.

That’s a problem, according to Charles Marsteller, a good-government watchdog instrumental in the drafting of many of San Francisco’s campaign rules. He told us he’d like to see legislation that addresses the treasurers’ concerns while ensuring timely disclosure: "We don’t want to see a situation where two days before the election a large donation is not reported because the donor fails to disclose an address or occupation. This might give a handy excuse to justify not reporting things like large 11th-hour media buys."

The treasurers further complained that their being on the hook for a fine, fee, or forfeiture when a client screws up isn’t fair and that the past errors of a group shouldn’t affect how it’s treated in the future.

If a committee breaks the law and owes money, the treasurer is legally responsible, but these paid professionals could act as filers instead and leave the name of treasurer and any monetary penalties to one of the committee members, as Luby told us.

While the treasurers complained that forfeitures of donations for reporting errors are a penalty that no other California jurisdiction imposes, Luby said that San Francisco hasn’t enforced them since 2002.

He also penned a detailed 17-page memo responding to the CPTA’s complaints, which includes a matrix showing that most of the signers of the letter don’t do business in San Francisco and only 4 of the 21 have had to pay fines here since 2002.

While he argues that those four are disgruntled professionals who have tangled with Ethics in the past, he does not entirely dismiss the CPTA’s observations of serious management inconsistencies at Ethics. In particular, he cites the perception of unfairness when routine late fees and fines, which he handles, are wrapped up in campaign investigations — which are conducted, in secret, by another sector of Ethics and can result in different monetary penalties. Over the years the standards for fines have dissolved as secret deals have been cut to settle investigations.

"Since my arrival in 2002, my mantra for penalties has been consistency, consistency, consistency," Luby writes. "By routinely being a stickler for standards over the years, I have detected the Commission management prefers greater flexibility when regarding when to grant a waiver. In particular, waiver standards have been applied inconsistently when late fees and forfeitures are incorporated with investigative penalties."

The CPTA asked for a task force to fully vet solutions to some of Ethics’ problems, which Commissioner Emi Gusukuma said she’d be willing to join. "This is a great first step," she said of the Nov. 8 meeting, which she and Commissioner Jamienne Studley attended. "But it’s still a big, meaty issue."

John St. Croix, executive director of Ethics, said the agency will be taking these issues seriously. "There’s a lot of frustration because people don’t know what our processes are," he said. "If we are being unfair, we can normalize our processes."

CPTA’s letter to Ethics
Oliver Luby’s Response to CPTA
Luby’s supporting documentation

This oil spill — and the next

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EDITORIAL The first headline the San Francisco Chronicle ran after the Cosco Busan crashed into a Bay Bridge protective fender Nov. 7 implied that nothing terrible had happened. It read, almost comically, "CRUNCH!" Initial reports suggested that only a few hundred gallons of fuel oil had spilled from the gash in the 810-foot freighter’s hull. Caltrans assured the public that the system had worked: the fender had absorbed the blow, the bridge had suffered no damage, and motorists had no cause for concern.

It wasn’t until much later in the day that the public learned just how big an ecological disaster was unfolding in the bay. And the most disturbing evidence is only now becoming clear: this was an accident waiting to happen. The regulations and processes in place to prevent a catastrophic oil spill in the bay — where thousands of ships with tanks carrying foul and toxic fuel oil sail through a fragile ecosystem every year — were, and are, tragically inadequate.

Just look at the record so far:

•The Coast Guard’s Vehicle Traffic Service on Yerba Buena Island, which has extensive radar and electronic tracking devices, was clearly aware that the container ship was heading for a collision — but was unable to stop it.

The fog was thick, and the ship, which had just made a wide S turn out of the Port of Oakland, was far from the center of the 1,200-foot-wide channel under the bridge. The Coast Guard could hardly have missed what was going on.

In fact, according to news reports, a VTS staffer radioed the bar pilot at the helm of the ship minutes before the crash and warned him that he was on an errant course. "Your [compass] heading is 235. What are your intentions?" the VTS staffer asked (essentially saying, in nautical-radio speak, "What the hell are you doing?"). The pilot, John Cota, insisted he was heading right for the center of the span and not to worry, his lawyer told reporters.

Imagine, for a moment, what would happen if air traffic controllers at San Francisco International Airport saw a commercial jet flying off course in zero-visibility fog and heading for the top of San Bruno Mountain. The controllers wouldn’t ask the captain what his intentions were; they would announce an imminent crash and order him to immediately increase altitude, change course … whatever was necessary. The captain wouldn’t argue that his or her instruments said everything was fine; the airliner would change course at once and sort out the question of instrument accuracy after it was out of harm’s way.

But traffic regulators on the bay operate under different rules. Even a minor course change would have prevented the accident — but according to VTS rules posted on the Web, the Coast Guard has no authority (other than in times of national-security alerts) to directly order preventative action. Under centuries-old rules of the sea, the captain of a ship is in total control and can’t be told what to do, even if a disaster is looming — and modern safety regulations haven’t caught up to that tradition.

•The ship was sailing under terrible conditions, with almost zero visibility, and even some bay captains say running a 70,000-ton vessel in an area like this in fog that thick is a bad idea. But the shipping companies have so much money on the line that nobody wants to slow down the schedules.

•It’s no secret where the fuel tanks are in a ship like this. The moment the ship took a gash that size in the hull, the authorities should have assumed that a sizable and extremely dangerous spill was in the works and begun immediate emergency containment procedures. But somehow just about everyone seemed to believe the initial reports that the crew of the ship had transferred the fuel away from the hole and only a trivial amount had escaped.

Remember, we’re talking about a rip of 100 feet, one-eighth the length of the ship, right in the part of the hull where half a million gallons of nasty bunker fuel were stored. Emergency responders should have known a spill was inevitable and gone into action right away.

Yet hours passed. No public warning was issued. Bay swimmers continued to take their morning natations — and some came back covered with oil. Nobody knew what was going on.

•The day after the spill, when it was clear an ecological disaster was happening in the bay, San Francisco mayor Gavin Newsom split town and went on vacation.

•So far, the taxpayers are picking up the tab for the cleanup — and in the end, it may prove difficult to get the owner of the ship to pay, even if faulty navigation equipment on the Cosco Busan was at least partly the cause of the spill. The companies that own these big ships use layers of dummy corporations, legal tricks, and secretive contracts to protect them from liability. In this case, the Chronicle has reported, the Cosco Busan is a Chinese vessel owned by either a company in Cyprus or one in Hong Kong and managed by a separate Hong Kong outfit. It’s going to take years to get to the bottom of who should pay for this mess.

Meanwhile, the crab-fishing industry is out of business, and the economic impact will be dramatic.

There are obvious lessons here — and the first is that the public and all of the regulatory and response agencies at every level of government have to stop taking a nonchalant, hands-off attitude toward the ships that represent an ecological time bomb in the bay.

Shipping is part of the lifeblood of the local economy, and everyone who lives in the Bay Area has to live with the fact that giant steel vessels loaded with toxic fluids are going to be passing through a diverse and easily damaged ecosystem every day of every year for the foreseeable future. But there’s a lot that can be done to make it safer.

For starters, the VTS ought to have the mandate and the authority to regulate shipping traffic in the same way that air traffic controllers regulate planes. Among other things, the service should keep ships in port when the fog is that thick and conditions aren’t safe. Sen. Dianne Feinstein is mad about the spill response, and that’s fine — but she and her Bay Area congressional colleagues ought to push for legislation that would allow the Coast Guard to ensure this doesn’t happen again.

There’s a desperate need for a bay spill early-warning system, something that could go into effect the moment there’s a possibility of oil fouling the water — and get containment crews on hand quickly and let the public know the hazards. That’s something the State Legislature should move on immediately.

Perhaps Congress should mandate that ships passing through US coastal waters post an accident bond to ensure they don’t escape liability for disasters. But for now, the federal government needs to seize the Cosco Busan, impound its cargo, and make it clear that nothing is going anywhere until the bill for this catastrophe is settled.

And the state and federal governments need to compensate the crab fishers — and then collect the money from the ship’s owners to cover those costs.

Spinning Newsom

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I attended SPUR’s regular post-election wrap-up yesterday, which was a bit irregular in that it was almost a week after the election (owing to the delayed election results) rather than the next day and it wasn’t hosted by respected local pollster David Binder. Instead hosting duties were split three ways among consultant Jim Stearns (engineer of the big win this election, Yes on A/No on H), consultant and number cruncher David Latterman, and pollster/hired gun Ben Tulchin of Greenberg Quinlan Rosner Research, whose work I have quibbled with in the past.
And once again, Tulchin claimed to be objective and pointed out that he doesn’t work for Newsom before going on to play the spinning pro-Newsom partisan. “It was historic, it was a landslide, and the mayor and his team deserve a lot of credit,” Tulchin gushed, going on to argue that this election showed the mayor had coattails and was now a force to be reckoned with — all evidence to the contrary.

The vacationing mayor

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This hasn’t been that big a deal in the local press, but isn’t it pretty screwed up that the mayor of San Francisco, the day after an oil spill that was causing catastrophic environmental problems in his city. took off to Hawaii on vacation?

I mean, he’s supposed to be in charge here, supposed to be a leader. He could have postponed his trip a few days, right?

Water trumps Bush

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What does it take to override a wartime Republican president’s veto? Water, apparently.

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Thirty five years ago, facing a rising tide of discontent over polluted water, Congress overrode d Nixon’s veto of the October 15, 1972 Clean Water Act. As a result, municipalities were able to apply for federal funds to help build and improve their local sewage treatment plants, and water got cleaner, as a result.

Yesterday, facing a mounting tide of discontent over global warming and rising sea level are real, Congress (unable to end the war or provide health care for kids,) united to reject Bush’s veto of the Water Resources Development Act.

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As a result, 900 water projects will receive federal funds, including restoration in the Florida Everglades and the replacement on the Upper Mississippi and Illinois rivers of locks that farm groups say are crucial for shipping grain.

Here in California, the Act authorizes $1.3 billion for 54 projects, including $106 million to strengthen the Sacramento-San Joaquin Delta levees—a shoring-up project that has profound implications for San Francisco Bay.

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As Will Travis of the San Francisco Bay Conservation and Development Commission told me this week, one of the central questions now facing this region is, ‘How do we build around a Bay that we know is going to get bigger, but we don’t yet know by how much?

“It’s a bit like seismic safety,” Travis said, noted that the 8-year plan that BCDC is proposing is just a proposal.

“It’s the beginning of a long conversation,” Travis explained. ” What’s not in that proposal yet is how the federal agencies and the business sector and the research facilities and laboratories fit in.”

Travis also admitted that this conversation could be “a struggle.”

“The first reaction of most people when they realize that sea level is rising and that we have a lot of extensive development on low lying areas around the Bay is, ‘Run for the hills!’”

“And that’s a reasonable course, until you realize the implications in an estuary that is the most urbanized in the United States,” added Travis, who believes that what’s needed is “a more nuanced approach.”

Part of that approach, suggests Travis, may involve some counter intuitive steps.

“In some places, we may see the encouragement of more development along the waterfront so we can use the economic engine to protect that development—and the low-lying areas behind it. That’s where it’s going to get interesting.”

As a harbinger of what’s to come, consider the battle that is breaking out over 1,400 acres that Cargill owns in Redwood City. Save the Bay and other environmental groups are urging Cargill to abandon plan to build homes on those acres, while Cargill is committed to developing those lands, and Redwood City is trying to decide what to do.
Fun, huh?

Porter Wagoner RIP: Death of a country showman

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By Erik Morse

Grand Ole Opry mainstay and sartorial icon Porter Wagoner, one half of the great duet Porter and Dolly team, died of lung cancer in Nashville on Oct. 28 just days before Halloween.

The country musician was the epitome of the “hard workin’ man,” whose declining health in recent years failed to sideline a career that continued to entertain young and old through 50 years at the Opry. In addition to the critically received comeback Wagonmaster (Anti), a darkly psychedelic album released this summer, Wagoner made a one-time appearance in July at Madison Square Garden opening for the White Stripes. On his death bed he was surrounded by family, musicians and friends, and his one-time singing partner Dolly Parton. According to an Associate Press article, Opry vice president and general manager Pete Fisher said of Wagoner: “His passion for the Opry and all of country music was truly immeasurable.” Wagoner’s funeral ceremony was appropriately at the Grand Ole Opry House this past week.

Much like another recent passing musician, Lee Hazlewood, whose incredible career was often reduced to a footnote in the rise of partner Nancy Sinatra, Wagoner was similarly touted as the man who discovered Parton in the late 1960s. In truth, his work in country-western extended to the post-WW II days of Louvin Brothers-style folk with a local Missouri band, the Blue Ridge Boys, and on TV’s Ozark Jubilee.

Goldies 2007

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The Guardian Outstanding Local Discovery awards — the Goldies — have gone through many phases since 1989, the year they first honored a group of Bay Area artists. They’ve sparked some anarchic celebrations and hosted some quiet and even tasteful affairs. They’ve honored close to two dozen people in one year and paid tribute to less than two handfuls the next. But whatever form they have taken, the Goldies have never been about courting or capturing target markets. They’ve always been a chance for the Guardian, which writes about what’s happening every week, to flip the script and do some curating of its own — to set its own date to celebrate actors, artists, dancers, filmmakers, musicians, writers, and people who do things that can’t be categorized.

"FREE FREE THIS WAY TO HEAVEN FREE." So reads a bit of text captured by the camera of the great photographer William Klein. In recent years the Goldies party has been a free affair. It makes sense: the Guardian is still a free newspaper, built on the ideals of a free press, so the Goldies party should be free to everyone. Though this issue is on the stands for a week, months of effort go into it, and the best and final reward is to see the winners meet one another and discover their fellows’ work, then invite their friends and everyone — that means you — to a celebration.

This year’s Goldie winners were selected by the Guardian‘s Johnny Ray Huston, Kimberly Chun, and Cheryl Eddy after discussions with our writers and critics, including Robert Avila, Rita Felciano, and Glen Helfand, as well as a wide range of people who make, show, and see art in the Bay Area. Look through the pages that follow and you’ll find a muse of cinema, food as weaponry, and even a different definition of sex toys (in this case, toys that have sex with each other). You’ll also find 13 reasons why the Bay Area is awesome.

Click below to find out more about this year’s Goldies winners

DANCE


SHINICHI IOVA-KOGA

DANCE/PERFORMANCE


KEITH HENNESSY

FILM


SAMARA HALPERIN

KERRY LAITALA

MUSIC


KIRBY DOMINANT

THE FINCHES

NON-STOP BHANGRA

WOODEN SHJIPS

THEATER


FOOLSFURY

VISUAL ART


MICHAEL ARCEGA

COLTER JACOBSEN

JENIFER K. WOFFORD

LIFETIME ACHIEVEMENT


CREATIVE GROWTH

PORTRAITS BY SAUL BROMBERGER AND SANDRA HOOVER PHOTOGRAPHY

Goldie winner — Music: The Finches

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We wish they all could be California girls — or pure products of the Bay like the Finches’ Carolyn Pennypacker Riggs. On the phone from New York City, where she’s playing a series of CMJ-related shows, the singer-songwriter is as laid-back about scheduling an interview ("Whatever’s clever!" she says merrily) as she is playfully lickety-split with a quirky quip, a roll-off-the-tongue rhyme, or an unguarded revelation (of a new Los Angeles job that requires the 26-year-old be on her feet all day, she says, "I wear a knee brace. I already dress like a grandma — now I can own it all the way"). She’s scattered, maybe even flighty, but in the most charming way imaginable. "I feel like my heart is in the Bay and my head is in LA and my feet are in New York City," the rootless songbird trills. "I’m disconnected, but flexible."

That ability to sink, swim, or sing on the fly has served the East Bay–bred Pennypacker Riggs well. It doesn’t hurt that she has a wonderful voice — a pure, unadorned soprano that disarms as simply and sweetly as her weaving, bobbing, winsome thoughts. It gracefully complements such refreshingly unpretentious folk numbers as "June Carter Cash," "Last Favor," and the title track of this year’s Human like a House (Dulc-i-Tone) — all concerned are plain of speech, untrammeled in spirit, yet uncannily right on and resonant in the way they transform everyday language into memorable songs. With accompaniment by guitarist-vocalist-bassist Aaron Morgan (Roots of Orchis), Human, which is beautifully packaged with Pennypacker Riggs’s fairy-taley woodcuts, builds on a 2006 self-released EP, Six Songs, and shows that the Finches are here to stay, despite the fact that Morgan has recently flown, and that Pennypacker Riggs still harbors a palpable longing for a nest "by the bay … looking out the Golden Gate."

The songs emerged — and continue to find their shape — through Pennypacker Riggs’s footloose wanderings: "I guess I kept thinking about the Bay Area, how I’d never be able to afford a house there. Will I ever be gainfully employed? That kind of quarter-life crisis." Thankfully, the songs are portable. Many were written while she was living in Germany in 2004, pining away for Zachary’s pizza. Later she and Morgan, a kindred UC Santa Cruz graduate, tracked the tunes during various school breaks. Human‘s numbers were first laid down in San Diego with Morgan’s dad before the pair completed the LP — with contributions from Vetiver’s Alissa Anderson, Roots of Orchis’s Justin Pinkerton, and Pennypacker Riggs’s mother, Susan, on recorder — in El Cerrito among Pennypacker Riggs’s music-loving brood; her father, physicist Carlton Pennypacker, also writes, namely operas about scientists. "I considered majoring in physics when I started college," Pennypacker Riggs says with a laugh. "But I learned to do real art, and it was too much lab time for me!"

With a new EP coming out with live takes recorded in Austin, Texas, and at WFMU in Jersey City, NJ, and new songs featuring the Papercuts’ Jason Quever, the Finches seem to be finding a delicate foothold, one that has been musically compared to ’80s UK group the Marine Girls but might also be gently, loosely held against the work of local legend Jonathan Richman. It’s music out of time, away from any hipster posse — something that initially riveted Dulc-i-Tone head and Revolver staffer Matt Roberts. "That’s what I like about them," he writes in an e-mail. "Music not connected to a scene is timeless music. These songs could have been written in the ’60s, the ’70s, or the ’00s — it’s just good songwriting."

www.finchesmusic.com

www.myspace.com/thefinches

Goldie winner — Lifetime Achievement: Creative Growth

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The second I step into Creative Growth one late Friday morning, I feel slightly elated. It may have something to do with the sunlight streaming through the ceiling windows of the wide-open space, a white-walled relative of the equally amazing (in an entirely different manner) Paramount Theatre a few blocks away. It may have something to do with the fact that almost 100 people are making art at the same time and instead of hearing snippy criticisms, I’m meeting a guy named Jorge Gomez, who likes to hug. Whatever it is, it isn’t an accident. A few hours later I read an excellent profile of Creative Growth by Cheryl Dunn in ANP Quarterly, and she describes the same overwhelming and singular sensation that comes with encountering "the ferocious energy of intense art-making and creative energy being mined from the deepest levels of human consciousness."

Since 1974, Creative Growth has served artists with physical, mental, and developmental disabilities. It’s the oldest and largest studio of its kind in the world. It has not only exerted a deep influence on today’s Bay Area visual art (to cite an immediate example, at least two other 2007 Goldie winners have connections to Creative Growth) but also been the home studio of artists such as George Kellogg, Dwight Mackintosh, Donald Mitchell, William Scott, and the late Judith Scott, each one distinctively visionary. Creative Growth and all of its artists, past and present, deserve the Lifetime Achievement Award, though the world has yet to catch up with what’s happening at 355 24th St. in downtown Oakland.

"Working in the midst of 150 living artists making things every day has been an incredible experience," Jennifer O’Neal, Creative Growth’s gallery director, says to me as we sit at a table within the gallery, which is connected to the space’s studio in a manner completely at odds with the sterile insularity of commercial art spots. "It’s art doing something very real. Art can be a privilege, and this place turns privilege on its ear."

In the seven years since Creative Growth’s executive director Tom di Maria arrived from the Berkeley Art Museum — and the five years since O’Neal ventured over from the San Francisco Museum of Modern Art — the Creative Growth force field has extended across the country and around the world; for example, both the space and William Scott have had shows at New York’s White Columns gallery space, just two of at least a dozen such shows happening in different cities and countries this year. "William’s mother and sister traveled with him," O’Neal says, remembering Scott’s solo exhibition, every piece of which was sold. "Now, at the age of 40, he can start to take care of them."

Scott may or may not be at the studio the day I’m at Creative Growth. After admiring his fantastic paintings of San Francisco and the Bay Area since 2004, when local painter Timothy Buckwalter first told me about them, I’m a bit starstruck — especially when Creative Growth teacher Spike Milliken (after waving hello to fellow practicing artist Tara Tucker) shows me some of Scott’s latest large-scale, increasingly intricate paintings of a penthouse-free Frisco, where sites such as Orlando Towers and Hallelujah Village thrive. "Check out the depth of feeling," Milliken says, pointing to the individually nuanced lights within the windows of a Scott-rendered building that looks uncannily like Fox Plaza. Ten minutes later I marvel at some enormous Frankenstein’s monster heads in the corner of a storage space. It turns out that Scott, who loves Halloween, made them.

Milliken gives me a whirlwind tour of Creative Growth, showing me Stanley Rexwinkle’s narratively complicated yet spare work, Chuck Nagle’s big sculptures, some dessert-themed art by the witty Terri Bowden, a T-shirt featuring John Martin’s drawing of a fly ("It might represent wildlife in his landscape"), and William Tyler’s ’50s-sensibility interiors. All of these people are featured in One Is Adam, One Is Superman: The Outsider Artists of Creative Growth (Chronicle Books), which pairs their pieces with deeply candid photo portraits by Leon Borensztein, but to see their art in person is something else entirely. I’m momentarily hypnotized by stacks and stacks of Mackintosh’s and Mitchell’s drawings. Then Milliken opens a drawer filled with the NECCO-shaded, gender-bending glam dandies of Aurie Ramirez, and I’m wowed once more.

"If we considered alcoholism a disability, there would be no more distinction between artists and artists with disabilities," Milliken says as we once again cross from the gallery back to the studio and check in with Nick Pagan as he works in Creative Growth’s ceramic space. That type of thought is one I’ve entertained often in recent years, after making art with many of the same materials found at Creative Growth played a huge role in digging me out of the depressive side of manic depression. Within the art world and the academy there has been a lot of writing about definitions of and responses to outsider art, but much of it usually makes me want to simply go straight to the source — the art itself — and to early texts such as Roger Cardinal’s sadly out-of-print 1972 book Outsider Art (Praeger), which engages with Jean Dubuffet and art brut while presenting pieces by Adolf Wölfli and others that cry out for color-plate treatment. Who is outside and who is inside, anyway?

Outside Creative Growth, many if not all of the space’s artists are treated like outsiders; inside Creative Growth they’re in touch with their selves in a manner that exposes the ignorance of increasingly automated urban ways of being. "Matthew Higgs has said something [in an article by Buckwalter] that stuck with me," O’Neal relates at the end of our conversation. "Creative Growth serves a 24-mile radius of persons with disabilities around the East Bay. If you were to take a compass and trace a similar circle around any urban center, you’d find that talent."

Get out your compass and start tracing.

www.creativegrowth.org

Goldie winner — Visual art: Michael Arcega

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Make your way through the twists and turnarounds of Michael Arcega’s visual puns and titular wordplay — exhibit one: El Conquistadork, the 2004 Spanish galleon constructed of Manila folders that he launched in Tomales Bay, a point in the historic trade route between Mexico and the Philippines — and you’ll find yourself connecting the dots to the Manila, Philippines, native’s first artistic incarnation: an elementary school graffiti artist who once went by the tag Design.

"Then I switched it to Sen, then I got turned in and dwindled," Arcega says, recalling his eventual bust at Upland High School in Southern California. Yet school still rules the San Francisco Art Institute graduate’s world. The 34-year-old is currently hiding out in his Stanford studio, buried in first-year course work for an MFA. One can only wonder what the teenage Arcega would have made of the immaculate grounds of the so-called Farm — he remembers thinking when he first made the move from Eagle Rock High in Los Angeles to Upland, "Oh my god, the walls are so clean here!" — though today the artist clearly channels his subversive, pranking tendencies into pointed works executed with a meticulous hand and a puckish wink. Informed by ’90s multiculturalism but intent on moving forward, Arcega’s pieces, primarily sculptures and installations, upend language and probe the hybrids formed by cultural colonizers and the colonized.

Arcega’s exhibition at the de Young Museum, "Homing Pidgin," part of the "Collection Connections" series in which local artists make new art that reinterprets the museum’s objects, seems tailored for the San Francisco resident. He riffs off the Oceanic Art collection with the acuity and seemingly personal perspective found in such previous pieces as Terrorice, in which he conflates the United States’ "aid" supplies of arms and food with the construction of a rice AK-47 and grenade. Lingering in that zone where ha-ha morphs into aha, Arcega’s massive wooden Spork wittily spears the cultural-culinary invasions of fast food and the popular carved or painted salad utensils that populate souvenir shops in the Philippines while referencing the fact that most tribal cultures ate with their hands before the arrival of European explorers. The museum’s clubs, used in war and in ceremonial dances, are made over by Arcega, reenvisioned as intricate warships and barges topping ax handles and dance clubs — one even emits pulsing disco lights — perched on table legs. The artist also revisits mystery meats of the past — and explodes them — with Spam/Maps: Oceania, which replicates every teeny Pacific atoll using the canned luncheon meat and US occupation–era military ration whose name is an anagram of maps.

It’s powerful stuff from a punny guy. "He can move seamlessly between media, with the highest level of creative skill, to create pieces that disseminate his point of view in both political and historical terms," Arcega’s gallerist Heather Marx pinpoints via e-mail. "His brilliant use of humor subtly challenges the traditional notions of art practice, thus veiling the weightiness of his messages."

Arcega has certainly traveled far from the moment he first glimpsed and then imitated the graf art in the basement of his elementary school. He’s since leapfrogged from illustration to painting, sculpture, performance, and installation before, as he says, "discovering text as a medium. Now I just pick from an arsenal of past explorations." But right now the rigors of the academy call. "I wanted to put things on hold while I was at school so I could play without consequence," he says happily. "It’s stepping back to leap forward."

www.arcega.us

www.heathermarxgallery.com

Preservation

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› le_chicken_farmer@yahoo.com

CHEAP EATS On my last night at my mom’s house, Jean Gene the Frenchman brought over a pile of greens from the garden where my sisters live. It was starting to get dark, so I had to wash and chop in a hurry. No electricity. What once was a hard-working, law-abiding kitchen sink is surrounded by white buckets and rust-tinted glass jars of water.

I didn’t ask where the water came from, just poured a couple of cups into a bowl and washed 10 pounds of greens in it, concocting a brackish sort of health food soup for chickens: all bugs and grit.

While I was working, Uncle Sonny and Cher, my mom’s brother, came over to talk about property. In question: 12 acres of swampy scrubland and prickly woods outside Youngstown, Ohio, the poorest place in America (small-city size and up). The property is worth about 85¢. My uncle uses it for hunting deer and harvesting mushrooms.

He bow-hunts — hasn’t killed anything there for years — but the land is important to him. It’s important to my mom because she lives on it. There’s another brother and another sister. Like me, they all grew up there and have strange, dreamy connections to the weeds and ditches, the crippled trees, the smell of mud puddles, and 85¢ worth of security. My guess is that they are going to need lawyers to sort it out.

"Papa said never sell the property," my mom assures or reassures her brother. "As long as you have the property," she says my grandpa said, "you will never starve."

The night before, for dinner, we ate dandelion greens and chicory. For dessert: purple-tipped clover — sweet but calorically wanting. After, I found some old popcorn in a closet, popped it in olive oil over a propane stove in the garage, and ate it at the wood stove, in the dark. My mom wouldn’t have any, on account of salt. Oh, and oil.

It’s very quiet at night. You don’t even hear frogs or crickets, let alone refrigerators, and I slept like a baby in the bed in the living room, which Grandma had just died in. After three nights on a train, sitting up, I was going to sleep no matter what, but my mom, on the couch, lullabied me with a soft, hypnotically cadenced lecture on the health risks of synthetic estrogen. In a nutshell, I was going to die. Blood clots, breast cancer, liver disease … somewhere between a stroke and a heart attack, I lost consciousness. My dreams were untroubled.

Woke up to my mom’s voice complaining to a local politician over the phone about I forget which chemical in the water. Then I knew that she was going to be OK.

Aunt Sonny and Cher, Uncle Sonny and Cher informed me later that day, is jealous of my hair. I took the greens out to the garage and sautéed them in olive oil with garlic, onions, and hot peppers. I found two dusty bottles of homemade wine, one half empty, the other half full, both long turned to something beyond vinegar. I figured this would either preserve my room-temperature greens for three more days on the train or kill me immediately.

If there is one thing that I would like this column to accomplish, it is to dispel the myth that there is anything to eat on trains. Where did this rumor get started? Johnny Cash? ("I bet there’s rich folks eating in them fancy dining cars / Prob’ly drinking coffee and smoking big cigars.")

Well sir, while Amtrak might be one notch above the airlines, eats-wise, it’s many, many notches below your neighborhood greasy spoon. The burger, whether you get it from the lounge car snack counter or sit-down style in the dining car, starts out frozen. Pizza’s limp and lame. Even the grilled-chicken Caesar salad is prepackaged. Why? They have refrigeration.

I did not have a cooler. Without beef jerky and a bag of apples I would have perished on the way out. For the way back I had this 32-ounce container of preserved greens to keep me alive and, ur, regular. They tasted great until day three, until now. Reno just came into view. It’s lunchtime, and I’m afraid of my greens.

Last night, for the sake of argument, I had a half-chicken dinner in the dining car ($12.50). It sucked. Still, I highly recommend train travel. West of Denver the scenery is spectacular. And you meet people.

Guys are hitting on me, for example. Two guys, currently. One drinks beer for breakfast, and the other is wanted in New Jersey. "Nothing serious," he assures me.

I believe him and am charmed.

Carbon indulgences

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› annalee@techsploitation.com

TECHSPLOITATION Airlines from Virgin Blue to Quantas have been touting new ecofriendly programs under which passengers paralyzed by enviroguilt over all of those jet-fueled carbon dioxide emissions can pay an extra carbon offset fee for tickets. The money these passengers pay — sometimes as little as $1 — is supposed to go to renewable energy or unspecified green causes and therefore make airline travel carbon neutral.

Carbon offset fees may be new, but the underlying notion goes back to the Middle Ages, when the Catholic Church sold wealthy people indulgences to offset the spiritual cost of their sins and assure a place for them in heaven. And yet at least the kids in 1380 knew that indulgences were bullshit. Geoffrey Chaucer’s classic work The Canterbury Tales, written in the late 1300s, makes fun of the thoroughly corrupt pardoner character, a bombastic weirdo who constantly tries to sell everybody official-looking papers that would pardon them for their sins. Chaucer was just one of many thinkers at the time who criticized the idea that any sin can be forgiven with a little gold.

Polluting the environment isn’t a sin in the Christian sense, and yet carbon offset fees are clearly indulgences for a modern, scientific age.

I don’t mean to say that money doesn’t help ecocauses. But the problem is far more complicated than we want to believe. Our planet is in such sorry shape partly because humans are trying to better themselves. China is industrializing in order to make its citizens richer, but last week the Chinese National Population and Family Planning Commission published a report showing that environmental pollution from coal mining has caused the incidence of birth defects to jump 40 percent in the past six years.

There’s no carbon offset price you could pay to fix that. Nor is there an easy way to prevent such disasters from happening in the future if most of the world agrees that industrialization is the road to wealth. Do we use our carbon indulgence money to fund Chinese populations’ return to preindustrial life, thus dooming that nation to a second-class economic status? Perhaps we could use our money to fund education that teaches Chinese kids about alternative energy. But what kind of energy will they use in their classrooms while waiting for scientists to invent something that combusts cleanly and renewably forever?

Preservationist Marc Ancrenaz and his colleagues get it right in a recent article for PloS Biology in which they argue that preserving biodiversity must go hand in hand with eradicating poverty. "Most traditional conservation efforts were typically designed to exclude human residents," Ancrenaz’s group writes. "This failure to consider the interests of local communities has resulted in a general lack of support for conservation and subsequent degradation of protected areas." In other words, if you don’t help the people in a region, it doesn’t matter how many carbon offsets you buy — the area will still suffer.

Ancrenaz discusses two novel preservation programs that incorporate community development in their biodiversity agendas: the Kinabatangan Orang-utan Conservation Project in Borneo and the Tree Kangaroo Preservation Program in Papua New Guinea. Both programs train and hire locals as researchers who can help preserve the habitats of orangutans and tree kangaroos, respectively. I don’t want to offer programs like these as panaceas. Improperly used, they are no better than carbon indulgences. But at least they aim to address the deep connection between human poverty and environmental suffering. Even better would be programs that help locals develop new sources of wealth without requiring them to engage in logging or factory farming to earn money.

I’m not saying you should quit buying your carbon offsets, because maybe some of that money will make it into the right hands. But you should recognize your actions for what they are: guilt-inspired payouts that assuage your conscience rather than thoughtful remedies for problems that won’t be solved with indulgences alone. *

Annalee Newitz is a surly media nerd who once paid a Linux sysadmin to forgive her for using Windows.

Rent control under attack

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› news@sfbg.com

San Francisco’s rent-control and affordable-housing laws could be struck down by a statewide initiative that appears to be headed for the June 2008 ballot.

The measure is sponsored by a coalition of conservative property rights advocates under the guise of limiting the government’s ability to seize property by eminent domain.

Cities and progressive organizations are fighting back by trying to qualify a competing ballot measure that would restrict the ability of governments to seize owner-occupied homes but would invalidate the more radical initiative. Groups from the San Francisco Tenants Union to the League of California Cities are actively mobilizing to gather the needed signatures by the Dec. 3 deadline.

SFTU director Ted Gullicksen told the Guardian, “180,000 rental units stand to be affected in San Francisco,” and argued that the invalidation of rent-control laws would rapidly gentrify the city. He noted that environmental groups have lined up against the measure because of ambiguous wording that “could also impact the revamping of the Hetch Hetchy Dam as well as the work on the levees and the delta.”

His group is mobilizing volunteer signature gatherers to qualify the competing measure — which would need more votes than the right-wing measure to quash the latter — and trying to educate the public through the Web site www.eminentdomainreform.com and a Nov. 14 rally planned for noon at the State Building at Van Ness and McAllister.

Eminent domain laws have been a hot-button political issue since 2005, when the US Supreme Court ruled in Kelo vs. City of New London that the Connecticut city could use eminent domain to seize land for a private development project. The furor over that decision triggered last year’s Proposition 90, which would have restricted eminent domain and defined “regulatory takings” so as to cripple local governments’ ability to enforce environmental laws and other restrictions on property use.

Prop. 90 was narrowly defeated (by 47.6 to 52.4 percent of voters statewide, but 29 percent in San Francisco), and advocates for the constitutional amendment titled Government Acquisition, Regulation of Private Property hoped to learn from the experience in crafting this new measure, for which they say they’ve gathered 850,000 signatures and plan to have one million by the Nov. 26 deadline for turning in 694,354 valid signatures of registered voters.

That measure “had a substantial amount of baggage in that it delved into regulatory takings,” Jon Coupal, president of the Howard Jarvis Taxpayers Association, told the Guardian. The latest proposal, he said, “is a fairly tightly drafted measure that deals with eminent domain.”

Actually, as the Attorney General’s Office has concluded in its summary of the measure, it would also strike down rent-control laws, a key source of affordable housing in San Francisco, Berkeley, and a couple of other California cities. The measure’s broad prohibition on laws that “transfer an economic benefit to one or more private persons at the expense of the private owner” could also be interpreted as invalidating inclusionary housing laws, which require developers to create a set percentage of below-market-rate units, and other laws that regulate property.

Coupal admitted the measure attacks rent control and told us, “We think that’s part and parcel of complete property rights protection.” But he noted that units are only removed from rent-control protection when existing tenants move out. And he denied that the proposed act would affect inclusionary housing laws, citing a section that reads, “Nothing in this section shall be construed to prohibit or impair voluntary agreements between a property owner and a public agency to develop or rehabilitate affordable housing.”

Yet he also admits that it’s an open question whether affordable-housing requirements for developers will always be deemed voluntary. He said, “The issue of what is voluntary is currently being litigated in a number of courts.”

A polluter could cash in

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› amanda@sfbg.com

Mayor Gavin Newsom wants to give Mirant Corp. a $2 million credit to shut down its Potrero Hill power plan and is offering to devote two full-time staffers to helping the company move forward a new development for the site, documents show.

An Oct. 30 agreement between the Mayor’s Office and the Atlanta energy company, obtained under the Sunshine Ordinance, lays out a generous city program to encourage the shutdown — even though city officials say the pollution-spewing plant will almost certainly be closed anyway.

Negotiations are moving forward on the city’s plan to construct a new fossil fuel–burning power plant with two "peakers" between the Dogpatch and Bayview neighborhoods — a project that supporters say will make the Mirant plant economically unviable and lead to its closure.

The 145-megawatt single-cycle natural gas–burning power plant, part of San Francisco’s Electric Reliability Project, is necessary to meet a need for in-city energy reliability, according to the California Independent System Operator, a state agency that controls the power grid.

But the city’s Public Utilities Commission argues that the peakers will obviate the need to keep the Mirant plant running — and Cal-ISO has agreed to pull the company’s lucrative contract for providing power and transfer it to San Francisco once the new city-owned turbines are in place.

Critics are worried that the southeast part of the city could wind up with the worst of all worlds — that Mirant would keep its plant open and the peakers would operate too, increasing the level of airborne pollution in a neighborhood that has suffered environmental injustice for decades.

Now it appears the city has secured a solid guarantee that Mirant will shutter its Potrero plant — at a price.

"Mirant is committing to shut down once the plant is no longer needed for reliability," Jesse Blout, chief of staff of the Mayor’s Office of Workforce and Economic Development, told us. "It’s not economic to run that plant once our plant’s in place."

The city is now seeking a legally binding agreement to secure that closure — and offering a sweet deal to get it.

According to a copy of the current term sheet that’s being negotiated between San Francisco and Mirant, in exchange for the company agreeing to close the plant once it’s no longer needed for reliability, the city "will agree to immediately designate a senior staff member from each of the Mayor’s Office of Economic and Workforce Development and the Planning Department" and "agree to review and process on a priority basis a completed application for a proposed site plan."

Additionally, the term sheet reads, "In light of the public benefits associated with expediting closure of the Potrero Power Plant, the city will agree that … Mirant will receive a credit of up to $2,000,000 — without interest — against certain city fees and costs, as described below, that would otherwise be payable in connection with review and approval of the site plan and any development project."

Felicia Browder, director of media relations for Mirant, confirmed that closure of the plant is imminent, once the state contract is terminated. However, she would not discuss details of the future use of the 27-acre site, as the deal is not finalized, something that’s supposed to happen this week.

Blout told us a deed restriction prohibits residential use of the land, and he predicted some kind of light industry for the area. The property, located at the bay’s edge between 22nd and 23rd streets, is also home to some of the toxic spoils of industry, which Pacific Gas and Electric Co., the original owner of the site, agreed to clean up to nonresidential standards when it sold its holdings to Mirant.

PUC members expressed satisfaction with the pending shutdown and voted unanimous approval of an Oct. 31 resolution authorizing the commission’s general manager, Susan Leal, to move forward with the plan. The resolution also includes clauses banning the sale of energy for profit from the three combustion turbines at the in-city facility and exploring whether two instead of three CTs could meet reliability needs.

The financing and control of the peaker project is also changing. Initially, the city negotiated a public-private partnership with JPower, a Japanese energy company with an Illinois subsidiary, to finance the $230 million project for two plants — the 145 MW in-city facility and another 48 MW plant located at San Francisco International Airport. Under the original deal, JPower would own and operate both plants for a period of some years before turning them over to the city. Now, however, the city is committing to financing the project and owning it outright, and the contract with JPower will be for operation and maintenance. "It makes more policy sense," Blout said, adding that after 12 to 14 years, "we will own the units free and clear." He said the city plans to issue tax-exempt bonds but at this point was uncomfortable stating how much they would be for.

Though JPower will be staffing the plant for the city, it will not be making a profit. "In the contract it will stipulate they can only run when Cal-ISO calls for them for reliability," the PUC’s Tony Winnicker said.

However, the 48 MW plant located at the airport will still be owned and operated by JPower for a 30-year period, and that plant is licensed to operate for 4,900 hours a year. "JPower will be able to operate that unit up to its limit," Winnicker said. "That’s part of what makes the deal profitable for JPower."

A mixed bag of environmentalists, social justice advocates, and Bayview and Potrero residents who are neighbors of the new and old plants still opposes the city building any new fossil fuel power plants. The Brightline Defense Project is currently representing the A. Philip Randolph Institute, Californians for Renewable Energy, and two citizens in litigation seeking to halt the building of the new plant.

Eric Brooks of Our City, a local public interest group, expressed skepticism of the plan to swap one power plant for another. "We would send the worst possible message to the world by building a fossil fuel power plant in our city limits at the very beginning of what must be a renewable-energy century," he told us. He’s also urging the city to let lapse Mirant’s water and air permits, which are set to expire in 2008 and 2010, respectively.

Other opposition to the city’s power plants has come from PG&E, through the Close It! Coalition, a group the utility company founded and financially supports. "These new plants will further our reliance on fossil fuels and contribute to global warming," the group states on its Web site. However, PG&E has a 20-year contract with a similar peaker plant under construction in Fresno and is building three new fossil fuel plants of its own in Antioch, Eureka, and Colusa. PG&E, of course, also wants to keep any hint of public power out of San Francisco.

Dead town

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› gwschulz@sfbg.com

Every reporter assigned to the Castro on Halloween knew right away that the story was, in fact, the nonstory.

There were no outlaws. No shootings or stabbings as in the past. There weren’t even many of the scumbag bridge-and-tunnelers police feared most. The mayor’s plan worked: two decades of fun in the Castro on Halloween died in 2007.

"People are leaving in droves," one man said into his cell phone around 10:30 p.m. "We can’t drink."

By that point the San Francisco Police Department could count the total arrests on one hand. A few people were cuffed for public intoxication. One man had outstanding warrants. Another jaywalked. Department spokesperson Sgt. Neville Gittens — not someone reporters know as typically cheerful — was in a startlingly good mood.

"There aren’t enough people out here to urinate or defecate anywhere," Gittens told the Guardian that night while standing near a cordoned command and control center the city had planted at 18th and Collingwood streets. "You can see the streets. They’re pretty empty. They’re pretty quiet, and we’re very thankful for that. What we set out to accomplish as far as discouraging this party, so far it seems like it’s working."

The Mayor’s Office, in fact, called the night "an incredible success." Nathan Ballard, the mayor’s press spokesperson, added, "We are pleased with the way Halloween turned out this year. [Police] Chief [Heather] Fong did an excellent job of keeping the peace, and Sup. [Bevan] Dufty deserves praise for showing real leadership and representing the interests of his district."

But that success came at a cost — the Castro on Halloween night was under the tight control of a massive contingent of police. Barricades blocked the streets. Cops kept revelers (and anyone else who happened by) from setting so much as a toe off the sidewalk.

While the crowd totaled just a fraction of what has appeared in years past, Gittens said well over 500 law enforcement personnel were assigned to the area, including officers from the probation department, the BART Police Department, the Sheriff’s Department, the California Highway Patrol, and the federal Bureau of Alcohol, Tobacco and Firearms.

Even the San Francisco Chronicle, an institution that hardly embodies unbridled countercultural fun — deemed the law enforcement preparations "almost militaristic."

The tab for all of that police presence — and for the lost tax revenue from bars and restaurants and the hit to the tourist industry — will almost certainly run into millions of dollars.

At times members of the media even appeared to outnumber partygoers. When an ambulance and two vans from the Sheriff’s Department began backing into an alley between Market and Castro, a camera operator and a reporter rushed to the scene. It was nothing, it turned out. Just a woman splayed out drunk next to a Dumpster.

SMALL BUSINESSES UNHAPPY


The last-minute announcement of the shutdown of the BART station at 16th and Mission streets, Gittens said, probably did the trick more than anything else. But that decision enraged some business owners, who told us they were worried that fewer transit riders would threaten revenue during what is usually a profitable holiday.

"Small business is the heartbeat of San Francisco, and the Mission district itself endures enough difficulties on a regular basis," Jean Feilmoser, president of the Mission Merchants Association, wrote in a community e-mail Oct. 30. "To cut off the arm that feeds the economic engine on one of the busiest nights of the year is cruel and unusual punishment."

The dramatic transit shutdown earned harsh criticism from two local officials, BART board member Tom Radulovich and District 6’s Sup. Chris Daly.

"Transit riders have been unfairly singled out in the city’s War on Halloween, and BART’s proposed closure is an insult to the community [that]
relies on 16th Street Mission Station," the two wrote in an Oct. 30 letter condemning the move. "People and businesses that depend on BART and Muni will have their mobility compromised by this campaign to suppress the Halloween celebration in the Castro."

Alix Rosenthal, who lost a board challenge to Castro district Sup. Bevan Dufty in 2006, was appalled by how little the public knew about the Halloween plans in advance. Rosenthal helped found Citizens for Halloween, a group that argued revelers would show up despite city hall’s insistence that the event be cancelled this year.

"I think it was really great they were able to keep the Castro safe," Rosenthal said. "But at what cost? The cost of fun. The cost of Halloween. The cost of transit riders. The cost of merchants."

Several businesses — including sex shops, bars, and restaurants — relented to pressure from the city and closed early. Officers clad in riot helmets and zip cuffs filled the entryways, seeming to overshadow civilians and bored-looking TV reporters.

The Edge bar at 4149 18th St., Osaki Sushi around the corner, the Posh Bagel, Chinese Dim Sum, the Sausage Factory, and even Twin Peaks, a bar that stands at the northeast entryway of the Castro and normally serves as a sort of de facto welcoming committee for the neighborhood, were shuttered. The restaurant A Bon Port at 476 Castro stood dark with a chalkboard sign in the window: "Out cruising," it read hopefully.

San Francisco Badlands, one of many Castro bars owned by area entrepreneur Les Natali, closed at 10 p.m., and two perturbed-looking private security guards in orange vests informed loiterers that they weren’t allowed in any longer. Harvey’s (on the southwest corner of 18th and Castro streets) remained open, but there were few people inside.

THE EAST BAY CROWD


The folks who braved the police and the lack of transit tried to liven things up. Just south of the Castro Muni station, two friends protested with signs reading, "Don’t tell us what to do — we’ll come if we want to." One of them, Erik Proctor, splits his time between the East Bay and San Francisco and said residents who move to the neighborhood should expect rambunctious annual celebrations.

"Partly why I’m out here is because last year they said people from the East Bay were the problem," Proctor said. "I represent the East Bay also. I come over here to have a good time. I don’t come over here to cause problems."

With the crowd under control, the cops had plenty of time to chat about their paychecks. "Are you on OT?" one officer standing south of 18th Street casually asked another.

"I think so," he responded.

"Well, that’s good."

A handful of costumed celebrants graced filled the sidewalks, but there was still plenty of breathing room, and traffic moved swiftly and easily along Castro Street, which was lined with steel barricades. One step into the street would elicit a hand on the chest and a hasty warning from a police officer: "Back on the sidewalk."

A handful of men went near-commando in little more than elastic thongs, but few people were shocked, and most of the costumes were far from scandalous. One woman dressed as a bag of groceries from Trader Joe’s.

Among the people most directly impacted were foreign tourists — the very folks the city spends money to attract every year. Activists walking through the Castro and interviewing people found visitors from 19 countries who had come to see the legendary celebration. Most walked away disappointed; they won’t be back next year.

THE BACKLASH


At least one business that stayed open felt a bit of official pressure. Koch Salgut, who owns Ararat on 18th Street, didn’t close early, even though he was repeatedly asked to do so.

"I kept it open because I was against" the shutdown, he told us later. "All the merchants rely on the business."

To his surprise, he got a visit that night from the San Francisco Fire Department. The inspectors told him he didn’t have permits for the candles on his tables.

"This is the second business I’ve had. I never heard there was a regulation against candles," Salgut told us. "The Fire Department gave me a little hard time. It wasn’t threatening, but it was an ugly situation."

Salgut has no doubt what was going on: "They were trying to give me a hard time because I was open, I didn’t close."

Calls to the SFFD seeking comment were not returned by press time.

John Lewis, a bartender at Moby Dick on 18th Street, wasn’t working Halloween night, but he lives in the neighborhood — and when we talked to him Nov. 1, he told us he wasn’t at all happy about what went down. The city had promised to fix the problem, he told us — not shut down the entire event. He complained that local bars were asked to close early and then reminded that they could be cited for exceeding occupancy regulations, for public displays of drunkenness, and for open containers on the street. Halloween has traditionally been the one time of year when the city doesn’t strictly enforce those rules.

Dufty has taken credit for shutting down the party and keeping the city’s plans for security under seal, but he admitted Oct. 31 to the Chron‘s gossip hounds, Matier and Ross, that next year’s event could look different. It’ll be on a Friday.

Police Commission president Theresa Sparks said she’s been told the event cost the city half what it did last year, including overtime for law enforcement, but she still hadn’t received dollar figures when we reached her Nov. 1. She had been skeptical that the crowds could be contained, considering that the city’s scheme was simply to announce that there would be no party. "But I think it was extremely well coordinated…. It went off better than expected." But she still believes planning should have begun far sooner. Police Chief Fong will give the commission a report about Halloween on Nov. 7.

So is the answer to shut down the Castro every year? No, Sparks said, but Halloween has to be made into "a citywide celebration, not just a neighborhood celebration."

Steven T. Jones and Sara Knight contributed to this story.

Green City: The bay-delta connection

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› sarah@sfbg.com

GREEN CITY Until recently, politicians and the public tended to view the problems facing the Sacramento–San Joaquin Delta levees as separate from the problems facing the San Francisco Bay. But now that human-made distinction is beginning to blur as scientists predict that rising sea levels and levee failures could have profound consequences for both ecosystems.

As wetlands scientist Philip Williams explained at the State of the Estuary Conference in Oakland last month, if the levees fail, a hole will open that will cause the northern area where the bay meets the delta (roughly from Richmond to Antioch) to fill with salt water and deepen, thereby eroding the delta’s valuable tidal marsh habitat.

This doomsday scenario has environmentalists clamoring for an increase in tidal marsh restoration efforts in the southernmost stretches of the bay, which are already home to the South Bay Salt Pond Restoration Project and a broader US Army Corps of Engineers effort to build levees and restore marshlands to protect property from flooding.

As Dr. Letitia Grenier of the San Francisco Estuary Institute said at the SOE conference, people aren’t the only ones who need habitat protection. The mosquito-eating Yuma bat, the California clapper rail, the least tern, and the chinook salmon are just a few of the many species that live around, fly across, or swim through the bay and the delta, and their survival depends on a mosaic of interconnected habitats.

Yet no agency has the clear authority to require that marshland marsh be restored, levees built, development prevented, and greenhouse gas emissions reduced.

In a recent report for the San Francisco Bay Conservation and Development Commission, executive director Will Travis notes that while the BCDC, the Bay Area Air Quality Management District, the Metropolitan Transportation Commission, and the Association of Bay Area Governments are working together as part of a Joint Policy Committee, "none of the four agencies has the authority to prohibit development in flood-prone areas [or] require that levees be constructed to protect low-lying areas, and BAAQMD does not have the authority to regulate emissions from vehicles."

Pointing out that the BCDC was created in 1965 to regulate bay fill and thus prevent the bay from becoming smaller, Travis writes that his agency "is neither legally responsible for dealing with this dramatic change of conditions that is making the Bay larger, nor does BCDC have any explicit legal authority to address this problem."

That said, in an Oct. 29 report posted on the BCDC’s Web site, Travis announced that his agency "has taken the initiative to formulate a broad outline of a comprehensive strategy for addressing climate change in the Bay region and identified changes that are needed in state law so that BCDC can play a productive role in implementing such a strategy."

This strategy includes mapping flood-prone areas, ceasing planned developments in such areas, identifying property that requires protection, and identifying areas that should be allowed to revert to tidal marsh and other types of natural habitat.

"Another probable impact of climate change is that more precipitation in the Sierra Nevada will fall as rain rather than snow, and the snow pack will melt earlier in the spring," Travis writes. This will in turn reduce the amount of late spring and summer runoff into the delta, allowing salt water to extend farther into the delta than it does now.

Travis predicts that sea level rise and higher flood flows resulting from climate change, as well as earthquake risk, will also increase the probability of catastrophic levee failure. Travis also notes that "pulling existing development back from the Bay shoreline and foregoing planned development of low-lying areas can provide an opportunity to expand the restoration of tidal wetlands."

To address these challenges, the BCDC is proposing an eight-year work program with the goal of achieving environmental accountability. "Any proposed new development within the area likely to be inundated by sea level rise should be required to obtain approval both from the local government and from BCDC."

But first, the BCDC or a new regional agency will need state legislation giving it that authority — and public recognition that seriously dealing with climate change means accepting some new regulation of private property.

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

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