Review

The zoo at City Hall

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City Hall looked like feeding time at a popular new zoo exhibit on the morning of Jan. 11. Hundreds of people spilled from a cramped fourth-floor hearing room. The aisles bristled with television cameras and microphones. But the only animals on display were officials of the privately managed San Francisco Zoo.

A little more than two weeks after a Siberian tiger escaped her undersized enclosure before killing a young man and badly injuring two of his companions, the Recreation and Park Commission and the Joint Zoo Committee summoned Zoo management to discuss the tragedy. But after hours of staff presentations and public testimony, many in attendance doubted whether the same public officials and private managers who failed to prevent the grisly Christmas Day mauling should be trusted to point the correct way forward.

"To have Rec and Park and the Joint Zoo Committee hold the hearing is inappropriate at best," animal welfare activist Deniz Bolbol told the Guardian after the meeting adjourned. "This is the same committee that has basically rubber-stamped every management arrangement at the Zoo for the last 14, 15 years."

In 1993 the city handed over control of the Zoo to the private San Francisco Zoological Society but retained ownership of the property and the animals housed there. The makeup of the Joint Zoo Committee, which is charged with overseeing the society’s management, reflects this hybridized public-private arrangement. Three members of the city’s Recreation and Park Commission sit on the body, as do three members of the Zoological Society’s board of directors. According to Bolbol and other critics, the committee gives the private Zoo managers too long a leash.

"It’s a joke," Bolbol charged, "because basically, you’re asking them to self-regulate. You go to their meetings and there’s never one dissenting voice. Anytime anyone in the public says anything critical, they just sweep it under the rug."

The main argument for Zoo privatization was a lack of city money for needed improvements. And without a doubt, the Zoological Society has raised lots of cash since it took over. In addition to the $4 million dollars per year it receives from city taxpayers, the society waged a successful ballot campaign in 1997 for nearly $50 million in public bond money and has raised almost that much in private donations. But controversy surrounds how these windfalls have been spent and how the Zoo’s private management has decided to operate the facility.

Past Guardian investigations turned up disturbing cases of animal suffering and lax safety standards (see "The Zoo Blues," 5/19/99, and "The Zoo’s Losers," 5/7/2003) on the society’s watch. Many animals have died of diseases associated with unclean living conditions and cramped quarters. The same Siberian tiger that escaped her outdoor grotto enclosure and killed the young man Christmas Day mangled a keeper’s arm in late 2006. And last week’s cover story, "Tiger Tales," uncovered accounts of past tiger escapes from the same grotto.

Nick Podell, chair of the society’s board of directors, makes no apologies for his organization’s focus on the bottom line. "The primary function of the board is the raising of capital," he told us at the Friday hearing, adding, "We rely heavily on professional management for day-to-day operations."

When we asked Podell whether Zoo manager Manuel Mollinedo, who reportedly makes more than $330,000 per year, conducted a review of the outdoor grotto enclosure in the wake of the 2006 attack, Podell fiercely defended Mollinedo but declined to comment directly, citing "active litigation." Shortly after the Christmas Day incident, Mollinedo acknowledged publicly that the grotto’s walls were more than four feet lower than national standards. Nonetheless, Podell told us he believes the director "is being railroaded and lynched."

But critics of the privatization deal have renewed calls for greater scrutiny. "I’ve always been skeptical of this public-private arrangement," Sup. Tom Ammiano told the Guardian by phone. "[Zoological Society leaders] look at what makes a profit first. In itself, that’s not bad, but what are you sacrificing with that?"

City taxpayers will most likely sacrifice plenty in lawsuit awards and legal bills. Within a week of the Christmas Day debacle, the surviving victims hired celebrity lawyer Mark Geragos. City Attorney Dennis Herrera and his staff have already spent numerous billable hours jousting with Geragos in a high-profile spate over potential evidence. During the public hearing, Herrera and Geragos were down the street in Superior Court arguing over whether the city can search the victims’ car and their cell phones. As Ammiano put it, "This whole thing is probably going to be in lawyer land for a good while to come."

In the end, the privatization of the Zoo — hailed by advocates as the best way to bring needed funds to the facility — could very well cost taxpayers even more than expected. Indemnification clauses in the Zoo contract ostensibly absolve San Francisco of any legal jeopardy, but a separate clause clearly states that the city is liable for any "preexisting conditions." The grotto breached by the tiger on Christmas Day is almost 70 years old.

Officials won’t speak on the record about potential city liability, but they privately say they won’t be surprised if there are legal battles between the society and San Francisco over who has to pay the victims. Further blurring the line between the public and the private sector, the society has retained the services of former city attorney Louise Renne — the very person who negotiated the original lease agreement on behalf of the city. At the hearing, she told us she did not expect any problems between her former boss, the city, and her new client, the Zoo. "But to tell you the truth," she added with a smile, "I haven’t even looked at [the agreement] in years."

Sup. Sean Elsbernd, whose district includes the Zoo, voiced support for keeping the facility in private hands. But he did pledge that "if it comes down to a question of whether the city will pay for anything [the Zoological Society] did negligently, we will not…. They will pay for their negligence if negligence is found." Elsbernd has scheduled a hearing on the Zoo’s woes for Jan. 28 before the Government and Oversight Committee, which he chairs, while Sup. Ross Mirkarimi has called for a hearing by the Budget Committee.

Ammiano told us, "The history of the Zoo has been controversial, especially since [privatization], and we just need to be brutally honest about everything."

Endorsements

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President, Democrat

BARACK OBAMA


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

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

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

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

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

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

And he’s always been against the war.

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

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

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

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

President, Republican

RON PAUL


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

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

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

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

President, Green

CYNTHIA MCKINNEY


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

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

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

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

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

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

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

Proposition 91 (use of gas tax)

NO


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

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

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

Proposition 92 (community college funding)

YES


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

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

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

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

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

Proposition 93 (term limits)

YES


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

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

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

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

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

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

NO


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

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

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

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

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

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

Proposition A (neighborhood parks bond)

YES


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

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

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

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

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

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

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

Proposition B (deferred retirement for police officers)

YES


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

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

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

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

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

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

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

But we’ll endorse Prop. B.

Proposition C (Alcatraz Conversion Project)

NO


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

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

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

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

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

Next week: Alameda County endorsements.

How Oakland’s fearful politicos enabled waste: Part II

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

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

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

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

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

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

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

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

But May came and went with no payments.

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

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

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

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

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

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

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

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

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

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

But still no loan payments.

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

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

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

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

A popular message

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

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

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

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

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

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

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

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

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

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

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

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

‘I don’t think they ever gave up’

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

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

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

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

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

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

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

No way to collect

The Oakland city attorney sued E.M. Health

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

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

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

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

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

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

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

How Oakland’s fearful politicos enabled waste: Part 1

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

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

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

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

But was it?

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

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

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

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

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

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

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

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

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

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

The beginnings

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

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

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

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

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

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

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

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

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

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

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

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

Big plans, big loan requests

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Other questionable expenses

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

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

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

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

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

Internal investigation of City College complete

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Remember those stories from Lance Williams at the Chronicle that surfaced awhile back about City College of San Francisco improperly diverting public funds to a campaign committee? The school’s Board of Trustees promptly called for an internal probe, and all 232 pages of it are now publicly available. The executive summary downplays the significance of the allegations and lauds the school’s administration for fully cooperating with the investigation:

“The proponents of California ballot measures tend to seek contributions from those who stand to benefit financially from the passage of the measure. This can lead to the criticism that such fundraising has the appearance of “pay to play.” One need only conduct a cursory review of each campaign statement … filed by the Committee to Support Our City College to find numerous engineering firms, building trades and other construction businesses who could benefit from the proceeds of the bond.

Initials B.B.

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› johnny@sfbg.com

REVIEW A few months ago, at a bookstore in another city, I came across a few copies of the ’60s arts and literature journal Kulchur. Scanning them, I discovered that the Bay Area poet Bill Berkson had contributed some film essays and that his writings on cinema were followed an issue or two later by reviews from a fledgling critic named Pauline Kael. The presence of Berkson’s and Kael’s movie notes in Kulchur reflects a time when the boundary between making art and writing about it wasn’t so fixed. Here was Kael, a friend of the poet Robert Duncan, making her first published sojourns into criticism (which were eventually reprinted in I Lost It at the Movies [Little, Brown, 1965]), while Berkson was trying out an essayistic voice that is more vivid and vibrant today, as evidenced by the seven (lucky) pieces in Sudden Address: Selected Lectures 1981–2006 (Cuneiform Press).

Cinema lights up the poetry of Berkson’s friend and mentor Frank O’Hara, so it is slightly less of a surprise, though no less of a pleasure, when Berkson — in the midst of a Sudden Address essay about the painter Philip Guston — turns a brief mention of the assassination attempt on Ronald Reagan into a brief blast of instantly classic film criticism. "It’s as if [Jean-Luc] Godard’s movies had predicted the space of" the assassination footage, Berkson remarks. This comment, while not a direct observation about a particular Godard film, captures — and more important, opens up — the cramped, antic, and absurdly violent energy of Godard’s new wave heyday as well as any of Kael’s great celebrations of the director.

Movies are a tangential subject at most in Sudden Address: Berkson might love Louise Brooks almost as much as O’Hara adored James Dean, but the cast that parades through these pieces is more likely to range from Gertrude Stein and Dante to a number of Berkson’s New York school or new realist peers and then back to Dante (in relation to Kenneth Koch) and Stein again. These artists and writers, harmonizing motifs within the overall text, occupy a living history quite different from the cold terminology of the academy and much contemporary art criticism. Attuned to the poet’s flair for "observation for observation’s sake" rather than dedicated to the tedious assemblage of "frames of judgment," Berkson claims that "pleasure in writing criticism is often connected with the surprise of vernacular…. Most critics are Philistines in the sense that they ignore the cardinal rule of art practice, which is never to give the game away."

It would be a matter of hinting, and not one of giving the game away, to suggest that Berkson’s passionate engagement with the kinship between poetry and painting — a passion that rules Sudden Address‘s first piece and gradually possesses its last one — might have a role in the rise of the Mission school and other painterly Bay Area inspirations of recent years. Certainly a number of musicians and visual artists have looked to Berkson’s onetime home of Bolinas as a source of sustenance, albeit temporarily. Born from teaching gigs and lectures at the San Francisco Art Institute and elsewhere, the oratorical style of this book remains energetic throughout. Berkson’s roving intelligence stops to enjoy the infant nature of Italian phonetics and puzzles over the sublime. It tellingly notes that Walt Whitman and Charles Baudelaire "were the two most-photographed nineteenth-century writers" and places painter-poet Joe Brainard and critic Clement Greenberg at the intersection of Hans Hoffman’s paintings in order to take on Greenberg’s famous good-or-bad mode of attack. It also takes issue with former fellow "poet who also writes about art" Peter Schjeldahl’s gradual abandonment of poetry.

Sudden Address‘s cool enthusiasm sometimes gives way to a passion even more at odds with what Berkson deems "the glacial moraine" of postmodernism. Composed in memory of Berkson’s feelings for O’Hara’s poem "In Memory of My Feelings," the 2006 piece "Frank O’Hara at 30" overcomes the assumed importance and first-name logrolling of many New York school–style remembrances. It exemplifies Berkson’s ability to make one style of criticism function as a rich libretto surrounding the aria that is a particular poem or painting. Virgil Thomson attested that when faced with a choice between work, friendship, and passionate love, finding two out of three ain’t bad. But Berkson wants to have all three. At its best, Sudden Address embodies that possibility.

Careers & Ed: The Roots of teaching

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› culture@sfbg.com

The last day of class before Christmas break presents a challenge for any educator, in any class, at any school. It’s usually considered completely devoid of teachable moments, a phenomenon that’s chalked up (pun intended) to prevacation excitement: PlayStation daydreams, visions of sugarplum romance, and the promise of two and a half weeks of sleeping in don’t exactly encourage industrious behavior.

So the popular course of action among teachers remains the party approach — some snacks, some games, a dose of holiday frivolity. Why swim against the prevailing yuletide, hopelessly and in vain, when you can just float home on a mess of soggy pizza boxes lashed to some two-liter pontoons?

When I visited Claire Keefer’s class Dec. 14, she seemed to be taking this approach. Sure enough, she’d brought a bag of her favorite Christmas candies, a little soda, and some healthier-looking crackers. And she informed her students they’d be playing a game for the better part of the period. But before giving in to the swell of a winter recess so near at hand, during the second-to-last period of the calendar year Kiefer gave her students an honest-to-goodness assignment. She asked them to pull out their journals and respond to a writing prompt she’d posted on the board. And they did, after a collective, semipolite grumble.

And before they knew it — before I knew it — Kiefer’s prompt became a complex sociopolitical discourse on the visual representation of traditional Christmas characters like your boys Jesus, Santa, those creepy little white-guy elves (hee-hee), et al.

Being the literate, postfeminist, righteously liberal San Franciscan that I am, it wasn’t difficult for me to see the purpose of Kiefer’s holiday exercise: to allow her students to problematize the whiteness that so often masquerades as normalcy by paying special attention to holiday symbols.

Looking back on my high school experience, I can say for certain that they, those nefarious they, never stretched my cultural IQ like that. Kiefer’s kids have access to these kinds of ideas. I listened as her students commented on race, power, religion, and misnormalized iconography with intelligence, all quite comfortable in the task. Dare I say, what an important challenge? (I’ll admit I didn’t know Jesus was brown skinned until well into my second year of college.) And what a show of teaching chops it was, to take the least teachable moment of the least teachable day of 2007 and pull some learning out of it.

Quite unlike the stereotype of the emergency-credentialed twentysomething pushover left to rattle all alone in an urban trial by fire, at 26, Kiefer cuts a most confident, no doubt pedagogic figure. Her intelligence, craft, and experience have made her transition from jail to prison to Balboa High School a seamless one.

Jail? Let me explain. Kiefer teaches Roots, a classroom-based initiative that serves children affected by incarceration, which falls under the umbrella of a California nonprofit called Community Works. To clarify: Kiefer works for Community Works at Balboa High School, where she teaches the Roots elective. At a glance, one might conjecture a circumstance of triangulated, bureaucratic-type tension, considering she basically has two bosses, Principal Patricia Gray at Balboa and Ruth Morgan of Community Works. Yet both not only hold Kiefer in the highest regard but also seem equally keen on giving her all the support she needs. And as to the question of distance between Kiefer and the rest of the faculty at Balboa, there is none, plain and simple. Everybody knows her, and everybody knows she puts her students first.

One of the great advantages of teaching Roots is that Kiefer gets to develop and implement the curriculum as she sees fit, in a manageable, supportive classroom environment. Small class size really helps, as does the freedom to design a program that encourages students to respond to their feelings by communicating creatively.

"We always go back to incarceration, sharing personal stories, learning empathy, meeting it head-on." Some of her kids have been incarcerated themselves; most attend her Roots class because their parents have recently been or are currently incarcerated. Control of her curriculum means Kiefer can account for the academic and emotional complexities of her classroom and adjust, midstream if necessary, to the needs of a group of 9th to 12th graders of varied ages, from diverse backgrounds, and with different personalities. Kiefer tailors her lessons to make room for all types of learners.

Curriculum design, creative writing, learning and teaching empathy — these happen to be Kiefer’s experiential strengths. "I’ve never not designed my own curriculum," she says. How many teachers, at 26, can claim such autonomy? How many teachers, at 26, have already worked for years inside correctional facilities? The public school system has placed Kiefer perfectly, in exactly the right circumstances, with kids who respond to her sense of responsibility, her gift of honesty, and her desire to challenge them.

In fact, there is something of a university feel to her classroom dynamic, and she is well aware that her MFA qualifies her to be a college-level instructor. However, neither tweedy aspirations nor hubris figure into Kiefer’s seeming raison d’être. Instead, it has everything to with finding those places where "the need is so transparent," she said. Kiefer’s life path seems so clearly marked as to appear predestined.

At the age of 20, during summer break from Tulane University and entirely of her own volition, Kiefer contacted the Cobb County Jail in Marietta, Ga., asking to be let inside to teach. When someone at the jail returned her call, offering her an administrative position at the facility, she politely insisted, "I already have a job. I just want to teach creative writing." She took the $8 per hour position then offered to her and started showing up about eight hours per week, as much as she could.

She spent her senior year of college editing the school’s literary magazine, the Tulane Review, while volunteering with adult literacy programs in New Orleans. She graduated with a double major in religious studies and English in 2003 and immediately afterward embarked on a yearlong Josephine Louise Newcomb Fellowship.

With the acceptance of her proposal, a plan involving a three-month stint teaching inside three institutions, Kiefer found herself first at San Quentin, then at Noriega, a federal institution in Miami, and finally at the Dale Women’s Facility in Vermont, implementing her curricula, sharing her love of the written word, and saddling her students with rigorously academic assignments. She always stresses the importance of word economy and limitation and is notorious for teaching entire sections around somewhat esoteric poetic forms — e.g., the villanelle and the sestina. "Society doesn’t expect much from [prisoners]. I sure as hell was going to," she said.

The same uncompromising, formal approach has helped Kiefer earn a reputation at Balboa for sticking to her guns, but her firmness comes with the deepest, most genuine regard for those around her. Thinking back on her first semester-long class at San Quentin, which she titled Art in Response to Gang Violence, Kiefer recalled, "A lot of these guys needed this creative outlet, or channel, and I needed to find a community."

Her attachment to the place was so profound that she returned to San Quentin in 2005, a year after her fellowship had ended, to teach one night per week while running down an MFA at San Francisco State University — all while holding a full-time position at Saint Vincent’s in Marin, where, she said, she learned how to handle emotional turbulence in young people after being threatened, groped, and cussed at, seeing desks and chairs fly, and watching a BBQ grill crash to the ground from a second-story window. Trying times at St. Vincent’s taught her how to be available at an authoritative distance.

Kiefer took the Roots job at Balboa High School just last year, the final one of her MFA program at SF State. Some attribute her teaching skill to her lifelong study of the written word, as students do make the best teachers. However, while acknowledging her diligence, she noted that fate, more than any other factor, has landed her right where she needs to be. Ask her if educating kids who’ve been affected by incarceration is something of a calling, and without hesitation she’ll tell you, "Totally."

"Prison education has been proven to prevent recidivism, and it injects humanity into the reality of being incarcerated…. Our society has it so wrong: we’re doing nothing to rehabilitate," Kiefer said with obvious sincerity. Her urgency is born of six years’ hands-on experience, and it still has her visiting prisoners and their families on her own time and acting as an advocate.

Notwithstanding her clarity of vision, though, she says she can be very wrong now and again. For example, I asked if she’d ever failed at anything. "I have a terrible sense of direction," she said. Well, Ms. Kiefer, I beg to differ. Your inner compass seems perfectly calibrated.

The questions the zoo won’t answer

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

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

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

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

3. Where is it/are they stored?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Chiaroscuro Ristorante

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REVIEW The word chiaroscuro is an Italian art term referring to the use of light and shadow to create a three-dimensional effect — and it’s a fitting name to describe this small restaurant’s decor (cement benches, a white-gray-black color scheme, and an exposed kitchen) as well as its cuisine.

My companion and I started with the degustazione di salume e formaggi, a selection of salami and cheese. As a salami lover (my roommates always know whom to blame when their salami is missing after one of my nights out), I truly enjoyed Chiaroscuro’s options. And the cheese, a spectrum from soft to sharp, was also impressive. Plus, our waitress recommended a matching wine that even pleased my companion, who’s more of a wine-no than a wino.

Next came the entrées. I tried fresh gnocchi, which melted like potatoey butter — and with sage, like Mom makes! — in my mouth; lamb chops, polenta, and greens. The lamb was everything it should have been: lean meat, cooked medium and spiced lightly. The polenta came as a mini soufflé with a raw cracked egg in the center — too bland for non–polenta lovers like my dinner companion, but perfectly gritty, dry, and palatable for me. In fact, the polenta was the most impressive dish I ate all night, hands down.

The prices are considerable and the portions are small, but the food is both simple and solid: there’s no gray there.

CHIAROSCURO RISTORANTE Tues.–Sun., 11 a.m.–midnight. 550 Washington, SF. (415) 362-6012, www.chiaroscurosf.com

Lit: Why the Devil Chose New England for His Work

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Theo Schell-Lambert weighs in with a review of Jason Brown’s new book of short stories, out now in paperback:

The title of Jason Brown’s Why the Devil Chose New England for His Work promises the text as a collective explanation. Here, in this “linked collection” (all tales have roots in the fictional Vaughn, Maine), we’ll find evidence of some native Northeastern immorality, or at least a special inclination to fall. The devil might not demand evil as a prerequisite, but he’d surely want a people who could be swayed.

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Inside Iraq

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The most recent issue of the New York Review of Books has a fascinating piece by Michael Massing on a blog run by Iraqi journalists that work for McClatchy Newspapers, one of the few outfits that has kept a Mideast bureau despite its fall into the black hole of massive media consolidation.

Inside Iraq consists of intense, personal accounts of day-to-day life for these Iraqi journalists, who mask their identities in order to avoid the death threats that many Iraqis receive for helping Americans. The blog posts include fears of being gunned down by Americans for driving to close to convoys as they travel to and from work, intense encounters with American and Iraqi soldiers randomly searching their homes, their cars, the details of their lives, what it’s like living without electricity for hours on end, day after day. (While here we whine way at PG&E…) All the essential details of life in Iraq that have been irrevocably altered by the war.

It’s scary, tense reading, and puts a real face on and beating heart in this war, which is sorely lacking from so much media coverage, as Massing points out in his article.

Apropos for today’s New Hampshire primary, a Jan. 3 post includes a plea to Americans to choose our next candidate wisely: “…Your choice will determine the main lines for our life … Yes your choice will change our life for good or for bad,” writes Jenan.

We hear you. I hope.

Iowa: What happened to Adlai Stevenson?

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By Bruce B. Brugmann, writing as a certified Rock Rapids, Iowa, Democrat and liberal

I called Dave Dietz just before the Iowa caucus vote to review a significant event in our political lives in the early l950s in Rock Rapids, Iowa.

The event was a speech in nearby Sioux Falls, South Dakota, by Adlai Stevenson, the former gentleman farmer from Bloomington, Illinois, who was running for president against Dwight Eisenhower. Dave and I had gone through school from kindergarten through high school and were probably about as political as anybody in our high school at that time. And so we jumped at the idea of going to hear Stevenson with my grandfather, C. C. Brugmann, who with my father were two of the only Democrats in our conservative northwestern Iowa town.

Stevenson gave a splendid speech that impressed us both. But it was his opening that we remember so clearly.

Cupcakes!

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REVIEW Call cupcakes girlie, kiddie, or just plain preschool, but who can resist those so-sweet, too-cute, whimsical morsels? The humble cupcake’s still-raging popularity can’t be completely attributed to the benediction of desirability bestowed by Sarah Jessica Parker et al. after the guest appearance of Magnolia Bakery’s sugared units on Sex and the City, nor to its star turn at socialite weddings like that of aristo makeup artist Jemma Kidd and the Earl of Mornington.

It’s the cupcake’s retro kitsch pedigree — grounded in the benevolently nostalgic, innocent hue of childhood — that really gets us going. The individual serving size reads as special, invoking the same sort of princess-for-the-day feeling you might have experienced as a four-year-old at your own birthday party. Would that you were iced as immaculately and crowned with candy sprinkles. The very notion of cupcakes allows for more play, more impulsive edible decorations, and more diversity: why settle for one hunk of layer cake when you can have a banana and a coconut cupcake? Because it’s really all about the cake — in a petite, perfect, non-guilt-inducing size. You too can be the girl — or boy — with the most diet-ready portion of cake, because as Cupcake! (Chronicle Books) author Elinor Klivans writes, these perfectly manageable sweet things "are sure to charm and delight the inner child in everyone."

So where to tempt a ravenous inner child? Where better than at a sprinkling of Bay Area boutique bakeries almost exclusively devoted to cupcakes? Love at First Bite in Berkeley’s gourmet ghetto rolls out 12 to 15 flavors daily, including a Southern–inspired Hummingbird of bananas, pineapple, and pecans topped with cream cheese, and a Matcha Green Tea cake topped with tea-infused whipped cream — both ideal chasers to a Cheeseboard pizza. Kara’s Cupcakes off Chestnut in San Francisco’s Cow Hollow–Marina District goes the no-less-delicious route with mostly organic ingredients sourced from throughout Northern California. The owners are avid boosters of community-supported agriculture, so you can take the edge off that guilt (thanks to Gilt Edge Creamery dairy products) as you nibble their passion fruit, banana caramel, or chocolate fleur del sel–filled cupcakes.

For a real rosy dose of my latest food fixation, waltz into the two-months-old That Takes the Cake on Union Street for that most mysteriously decadent of cupcakes: red velvet. The bakery’s version of the Southern-style, cocoa-infused piece of down-home exotica — colored during World War II, cooks’ legends have it, with grated beets or beet baby food — is made with vegetable-based food coloring, vinegar, and cocoa, which turns reddish brown in reaction with the other ingredients. Falling apart in tender crumbs beneath a rich, ivory cream-cheese frosting, the cake is as deeply red as a Dario Argento giallo, as heavy on the rosso as a steak torn from Stuart Anderson’s flank, and as rose red as love, my love. All that red coloring might raise eyebrows in some quarters, but who gives a damn, Scarlett, when you have extraordinary beauty and delectable substance in one pint-size, munchable package? (Kimberly Chun)

LOVE AT FIRST BITE Tues.–Fri., 10:30 a.m.–7 p.m.; Sat., 10 a.m.–7 p.m.; Sun., 11 a.m.–5 p.m. 1510 Walnut, Berk. (510) 848-5727, www.loveatfirstbitebakery.com

KARA’S CUPCAKES Mon.–Sat., 10 a.m.–7 p.m.; Sun., 10 a.m.–6 p.m. 3249 Scott, SF. (415) 563-2253, www.karascupcakes.com

THAT TAKES THE CAKE Tues.–Sat., 11 a.m.–7 p.m.; Sun., noon–6 p.m. 2271 Union, SF. (415) 567-8050, www.saralynnscupcakes.com

Boxcar Saints

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By FS Slim

Songs of intrepidity and irresponsibility sound the same no matter the form. This is, in fact, the risk you take when you decide it’s time to pin your stories to the backs of artfully irresponsible, intrepid-type characters. Let your tale go the way of road grog and wanderlust, and sure enough, some loveless fleabag will appear out of the bushes behind your apartment, mixing for you a lurid cocktail of metaphor, boot savvy, and hemlock so to memorialize the way your music sounds: as slick, old, and dead as a beat.

Far be it from me, however, to ignore the fact that when a road-weary critic decides to write up a band – namely Boxcar Saints who performed on Jan. 8 at Bottom of the Hill – for its use of American cliché becomes not only a trader in kind but also an enormous killjoy.

But I’m tired too – tired of hitchhiking back and forth from Santa Cruz to the Upper Haight, listening to the same tired tunes on a white plastic juke half stuffed into a green bandana: little white lies connecting me to the end of my REI walking stick. I should be setting my snares for fuzzy animal things or finding Motel Burningman at the Holiday Inn in Burlingame. I tire at my use of irony, your use of irony, and all the meta-irony that our collected ironies generate when their avatars meet on the great desert train car of virtual-virtual experience.

So, leaving irony’s bequest behind us, at last, we get to some honest talk from the hobo’s mouth about the Boxcar Saints: these guys suck at least as much as this review. Without mentioning certain pretensions en vogue (like the giving of separate names to your side projects, who open for you and your other sideprojects, when your side projects are really just different instrumental configurations of your band’s original membership), the stuff does seem self-fulfilled, which is a nice way of saying the bass lines show no room for growth, the lead guitar is in most ways predictable, the writing has all been heard, seen, and done before. Call me another panning San Franciscan, it’s OK, but hey how ‘bout that ride to that party in the South Bay?

Golden Girls: Ghetto Fabulous!

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Oh, Mary! The girls spend Christmas in a homeless shelter.

REVIEW There’s something about performing old television shows (i.e. “The Twilight Zone”) on a bare-bones stage two feet from the front row that accentuates what was good about them in the first place–the snappy dialogues, the solid story construction, the tinge of the absurd. Needless to say, the additional bonus of having the parts of four scrappy gran’mas living together in Miami, played by a snazzy quartet of the Bay Area’s finest drag queens puts the icing, as it were, on the Hostess cupcake. Heklina as Dorothy-makes the (ahem) perfect straight-woman. The sarcasm practically drips from her three-inch long eyelashes, without her even having to say a word. Cookie Dough plays her ribald Sicilian mother, Sophia, stage veteran Matthew Martin channels racy southern belle Blanche, and Miss Trannyshack 2007, Pollo del Mar embodies spacey airhead Rose Nyland. In “Sisters of the Bride,” Blanche’s baby brother Clayton (Mike Finn) announces his plans to marry his boyfriend Doug (Laurie Bushman). Consternation and eventual acceptance ensue, along with some great one-liners (Blanche: “What will the neighbors think when they see two men in my bedroom?” Sophia: “They’ll think it’s Tuesday.”) The highly-anticipated Christmas episode, set in a homeless shelter, does lay on the schmaltz a bit thick, but after all, ’tis the season, even in Miami, where–the girls remind us–it is 103 degrees. Santa, how ’bout a plane ticket? Or maybe just a ticket to the next sold-out Golden Girls show… (Nicole Gluckstern)

Fri/28-Sat/29
8 and 10 p.m.
The Finn Theatre
814 Grove, SF
$20 cash donation
waiting list starts at 7:30
www.trannyshack.com
www.cookievision.com

Year in Film: Cinema 2007

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COVER STAR RICHARD WONG’S VIEW OF 2007


I feel like I’ve only seen about 10 films this year, so my list would basically be No Country For Old Men, I’m Not There, and Beowulf (two of those movies were painful, they were so aesthetically pleasing — guess which ones). But I’m going to say Paranoid Park was a huge influence on me this year. The risks it took and its loose narrative and utter disregard for convention were extremely inspiring. I saw it in Toronto at a press screening, among all the jabbering sales agents and distribution reps, and it still managed to drop my jaw — despite the guy next to me answering his phone midway through, telling the guy on the other line how "half baked" the movie was. Afterward I talked to a fellow aspiring filmmaker about the film, and he told me how much he disliked it because he thought it was a "mess." Exactly. It feels like a rough cut, only not — a work in progress, but that’s the point. Perhaps that’s why I identified with it so much. Besides, maybe a little messiness is not such a bad thing to embrace right now.

Richard Wong is the director and producer of Colma: The Musical.

JEM COHEN’S FAVORITE MOVIE MOMENT


James Benning’s Ten Skies at New York’s invaluable Anthology Film Archives: with a description like a parody of avant-garde impenetrability ("Ten shots of the sky — feature length"), it sounds daunting. Instead, it was an experience of mysterious joy that brought me back to why movies are entertaining and why seeing them can be so communal. After a few restless, fidgety minutes, both audience and film hit a groove so sublime that I kept laughing with pleasure. Each sky has its revelations and dramas, each viewer "makes" their own film, but in a shared hallucination that filmmakers and venues rarely allow, much less encourage. Sure, we’ve all seen the sky before, but when’s the last time you fell in so deeply and for so long, undistracted yet free to drift, stunned by both the thing itself and the amazing mirror of moving pictures? And I love that Benning says it’s a political film, "the opposite of war."

Jem Cohen (www.jemcohenfilms.com) is the director of Instrument, Benjamin Smoke, Chain, Building a Broken Mousetrap, and other films.

VAGINAL DAVIS’S FLESH FOR LULU: A LETTER FROM TEUTONIA


So glad I live in Berlin as an expat, far away from icky, tired Los Ang, that sad, pathetic film industry towne. When I worked for the Sundance Film Festival in programming I watched what seemed like a zillion of the same kinds of films. This year I created (with the art kollective Cheap) the Cheap Gossip Studio installation as part of the Berlin Film Festival. It was housed in the atrium of the Kino Arsenal. Film historian Marc Siegel brought Callie Angel out to show some rare, seldom-screened Andy Warhol films, as well as Jerry Tartaglia, who restored Jack Smith’s noted oeuvre. I even got to meet my sexy feminist heroine, Jackie Reynal of the Zanzibar movement, and Phillip Garrel, who brought his delicious young thrombone of a son, the actor Louis Garrel.

During the year, I started a new monthly performative series at Kino Arsenal called "Rising Stars, Falling Stars." It featured experimental silent classics from filmmakers like Louis Delluc, Man Ray, and the grandmama of the avant-garde, Germaine Deluc.

A lot of filmmakers send me rough cuts of their new films hoping I will write something on my blog, which gets a million readers a day. I just saw Bruce La Bruce’s allegorical zombie flick Otto; or Up with Dead People, and it’s beyond brilliant, and I am not saying that just because I have starred in Bruce’s other films Super 8 1/2 and Hustler White or because he directed my latest performance piece, Cheap Blacky. I am harsh on my filmmaker friends. I told Bruce that he shouldn’t act in his own movies anymore, just like Woody Allen and Spike Lee shouldn’t act in theirs. I even scolded Todd Haynes that Far From Heaven was overrated, but I adored Velvet Goldmine and his latest, I’m Not There. (Though I can’t stand Cate Blanchett; after seeing her as Queen Elizabeth yet again all I could say was, "Glenda Jackson, Glenda Jackson.")

I watched Superbad twice with the 14-year-old twins of my Cheap Blacky costar Susanne Sachsee, and I even got off on the ‘roid rage of Gerard Butler in the epic 300. No one does brittle white lady like my Tales of the City costar Laura Linney in The Savages. Tony Leung is so elegant and sensuous in Lust, Caution that everyone will want a Chinese boyfriend as the hot new fashion accessory this year. And if Sweeney Todd doesn’t bring back the musical genre, nothing will.

Vaginal Davis (www.vaginaldavis.com), who now lives in exile in Berlin, will be in the Bay Area on March 29, 2008, for the opening of her installation Present Penicative at the Yerba Buena Center for the Arts; it will also feature her performances "Bilitis — A Lesbian Separatist Feminist State" and "Colonize Me."

DENNIS HARVEY’S ALPHABETICAL DOCUMENTARY TOP 10

1. Absolute Wilson (Katharina Otto-Bernstein, US/Germany)

2. All in This Tea (Les Blank, US)

3. King Corn (Aaron Wolf, US)

4. The King of Kong: A Fistful of Quarters (Seth Gordon, US)

5. Manufactured Landscapes (Jennifer Baichwal, Canada)

6. My Kid Could Paint That (Ami Bar-Lev, US)

7. No End in Sight (Charles Ferguson, US)

8. Protagonist (Jessica Yu, US)

9. Romántico (Mark Becker, US)

10. Zoo (Robinson Devor, US)

DENNIS HARVEY’S ALARMING PORN TITLES, 2007 EDITION


All thanks to the Internet Movie Database, without which we would remain in blessed ignorance.

Brad McGuire’s 20 Hole Weekend

5 Guy Cream Pie 29

Abominable Black Man 8

Ahh Shit! White Mama 4

Anal Chic

Apple Bottom Snow Bunnies

Be Here Now

Blondes have More Squirt!

Bore My Asshole 3

Bring’um Young 23

Campus Pizza

Catch Her in the Eye

Even More Bang for Your Buck

Go Fuck Yourself

I Scored a Soccer Mom 3

Old Geezers, Young Teasers

Seduced by a Cougar 4

Swallow My Children

Thanks for the Mammaries

Trantasm

You’ve Got a Mother Thing Coming

Dennis Harvey is a Guardian contributor.

JESSE HAWTHORNE FICKS’S PICKS


1. 4 Months, 3 Weeks and 2 Days (Cristian Mungiu, Romania). This debut feature possesses a nonjudgmental flow reminiscent of a Dardenne brothers film as it follows two young women who negotiate for an illegal abortion during the final days of Nicolae Ceausescu’s Communist regime.

2. Eastern Promises (David Cronenberg, UK/Canada/US). Uncovering the layers of human identity has been a career-long, disturbing theme of Cronenberg’s. But with his most recent films he’s figured out how to deconstruct our psychotic and schizophrenic patriarchal society in a minimal, confrontational manner.

3. Cassandra’s Dream (Woody Allen, US/UK). This minimasterpiece follows the downward spiral of two nice, middle-class brothers (Ewan McGregor and Colin Farrell), both of whom loosen their moral codes just to better their lifestyles. Striking camera work (by Vilmos Zsigmond) encloses the characters in an unrelenting nightmare.

4. "Made in America," The Sopranos (David Chase, US). Forever you’ll be able to bust out the statement "What did you think of the end of The Sopranos?" and people will get all lit up.

5. Margot at the Wedding (Noah Baumbach, US). Thanks to audacious writing and powerful acting (especially by Jennifer Jason Leigh), the bittersweet sincerity is pitch-perfect.

6. Californication, season 1 (various directors, US). David Duchovny is alive and hilarious. Creator Tom Kapinos cuts right through our progressive relationship era, devilishly developing each character over 12 episodes. This is heavy-duty stuff mixed with dirty, dirty sex.

7. Year of the Dog (Mike White, US). White brings heartfelt storytelling to his directorial debut.

8. Manufactured Landscapes (Jennifer Baichwal, Canada)

9. The Hills Have Eyes 2 (Martin Weisz, US). This Wes Craven–produced Iraq war allegory deserves more attention than Brian De Palma’s patronizing Redacted.

10. Hostel 2 (Eli Roth, US). Baddie Roth again makes social commentary on America’s xenophobic world colonization by torturing the pathetic children of the apathetic parents who make our lovely world go round.

11. Silent Light (Carlos Reygadas, Mexico/France/Netherlands/Germany). Reygadas updates the transcendental religious overtones of Carl Theodor Dreyer by way of a Mennonite community.

12. At Long Last Love (Peter Bogdanovich, US). Never released on VHS or DVD, this throwback to the musicals of Ernst Lubitsch — featuring Burt Reynolds, Cybill Shepherd, Madeline Kahn, and Eileen Brennan — was dismissed and despised on its only theatrical release in 1975. All of the Cole Porter musical numbers were filmed live, with the actors using their own voices. Not only are these numbers brilliantly executed (inspiring realistic musicals like Lars von Trier’s Dancer in the Dark), but the film also attains the rapid-fire interaction and casual kookiness of late ’30s screwball comedies. Did critics really overlook the fact that this is clever cheekiness? It’s a true treasure that serves as a ’70s time capsule and should inspire future filmmakers to take their chances all the way. It may have taken 32 years, but your time has come, Mr. Bogdanovich. Thank you.

Jesse Hawthorne Ficks teaches film history at the Academy of Art University and curates Midnites for Maniacs (www.midnitesformaniacs.com) at the Castro Theatre.

JAMES T. HONG’S TOP 11, STARTING FROM 0


0. The 70th anniversary memorial of the Nanjing Massacre in Nanjing, China, and especially survivor Xia Shuqin’s reaction to her re-created wartime house, where most of her family was raped and killed by Japanese soldiers.

1. The passing of House Resolution 121 (the "Comfort Women" resolution) on C-Span, July 30.

2. Yasukuni (Li Ying, China/Japan). The power of the shrine isn’t fully captured, but this is the closest an outsider has come to doing so that I’ve seen. All captured on a Japanese mini-DV video camera, in American NTSC.

3. Nanking (Bill Guttentag and Dan Sturman, US). AOL + Iris Chang = Woody Harrelson and the Nanjing Massacre.

4. A Shot at Love with Tila Tequila (various, US). The alpha and omega of Asian America. For those with the required assets and skills, Playboy and the Internet can make you, regardless of race, a bisexual American celebrity — the end and a new beginning for all the so-called angry Asian Americans.

5. Summer Special Olympics in Shanghai, China. Globalization was transformed into music by Kenny G during the opening ceremony.

6. Pride: The Moment of Destiny, or Puraido: Unmei no Toki (Shunya Ito, Japan). Finally found a good DVD copy of this, in Canada of all places. This could also be called Tojo: The Hero.

7. Inside the Brookhaven Obesity Clinic (various, US). Pride and Prejudice for the heavyset, on the Learning Channel.

8. Major League Eating’s Thanksgiving Chowdown (various, US). The purest American professional sport and the fall of Japan’s greatest hero, Takeru Kobayashi, on Spike TV.

9. Mock Up on Mu, in progress (Craig Baldwin, US)

10. Blockade (Sergey Loznitsa, Russia)

The works of San Francisco filmmaker James T. Hong (www.zukunftsmusik.com) include Behold the Asian: How One Becomes What One Is, The Form of the Good, Taipei 101: A Travelogue of Symptoms, 731: Two Versions of Hell, and This Shall Be a Sign.

JONATHAN L. KNAPP’S TOP 10


1. Black Book (Paul Verhoeven, Netherlands/Germany/Belgium)

2. Brand upon the Brain! (Guy Maddin, Canada/US)

3. Eastern Promises (David Cronenberg, UK/Canada/US)

4. I Don’t Want to Sleep Alone (Tsai Ming-liang, Malaysia/China/Taiwan/France/Austria)

5. I’m Not There (Todd Haynes, US)

6. In Between Days (So Yong Kim, South Korea/US/Canada)

7. Makeshift 2007 grindhouse double feature: The Hills Have Eyes 2 (Martin Weisz, US) and Black Snake Moan (Craig Brewer, US)

8. The Wire, season four (various, US)

9. Woman on the Beach (Hong Sang-soo, South Korea)

10. Zodiac (David Fincher, US)

Jonathan L. Knapp is a Guardian contributor.

MARIA KOMODORE’S 10 WORST


In addition to bringing some very good movies to the screen, 2007 was also a really good year for bad films. But among them all, these are the ones I feel had lack of intelligence, conservatism, and conventionality on a whole different level:

1. Hitman (Xavier Gens, France/US)

2. Good Luck Chuck (Mark Helfrich, US/Canada)

3. License to Wed (Ken Kwapis, US)

4. The Brothers Solomon (Bob Odenkirk, US)

5. Hot Rod (Akiva Schaffer, US)

6. P.S. I Love You (Richard LaGravenese, US)

7. The Final Season (David M. Evans, US)

8. The Water Horse: Legend of the Deep (Jay Russell, UK/US)

9. The Perfect Holiday (Lance Rivera, US)

10. P2 (Franck Khalfoun, US)

Maria Komodore is a Guardian contributor.

CHRIS METZLER AND JEFF SPRINGER’S TOP 10 DOCS


With a very special mention and heavy props for the fantastic TV doc series Nimrod Nation.

1. Manda Bala (Send a Bullet) (Jason Kohn, Brazil/US)

2. Lake of Fire (Tony Kaye, US)

3. Summercamp (Bradley Beesley and Sarah Price, US)

4. This Filthy World (Jeff Garlin, US)

5. A Man Named Pearl (Scott Galloway and Brent Pierson, US)

6. King Corn (Aaron Wolf, US)

7. An Audience of One (Mike Jacobs, US)

8. Crazy Love (Dan Klores and Fisher Stevens, US)

9. Big Rig (Doug Pray, US)

10. Off the Grid: Life on the Mesa (Jeremy Stulberg and Randy Stulberg, US)

San Francisco filmmakers Chris Metzler and Jeff Springer codirected the award-winning documentary Plagues and Pleasures on the Salton Sea (www.saltonseadocumentary.com).

SYLVIA MILES’S TALES OF GO GO TALES


Go Go Tales was filmed at Cinecittà, so I had a location like I did in the ’60s. Cinecittà was thrilling. When the film premiered in Cannes, you would have thought I was the lead from the reviews. What’s her name in the New York Times gave it a wonderful review that got picked up by the International Herald Tribune.

Abel [Ferrara] got mad at Burt Young, who played my husband, and cut him out of the film. Be that as it may, we still managed to keep that story together The irony is that the rap that I do [at the end of the movie] was ad-libbed at 10 o’clock on the last night of filming. I give my all and know that something good will happen.

From what I hear, [Bernardo] Bertolucci is the one who chooses the film from Italy that gets into the New York Film Festival. Because they were renovating Alice Tully Hall, Go Go Tales had one of its screenings at the Jazz Center. It was exciting to look out my apartment window and see the lines of people outside [Frederick P.] Rose Hall waiting to see the movie. People even came to the 4 p.m. Sunday screening. At 4 p.m. on a Sunday they should have been out to tea instead of at that film!

Two-time Academy Award nominee Sylvia Miles has starred in Midnight Cowboy, Andy Warhol’s Heat, Evil Under the Sun, She-Devil, and Abel Ferrara’s soon to be released Go Go Tales.

JACQUES NOLOT’S TOP 10


1. The Edge of Heaven (Fatih Akim, Germany/Turkey)

2. 4 Months, 3 Weeks and 2 Days (Cristian Mungiu, Romania)

3. The Lives of Others (Florian Henckel von Donnersmarck, Germany)

4. Eastern Promises (David Cronenberg, UK/Canada/US)

5. Le Dernier des Fous (Laurent Achard, France)

6. The Duchess of Langeais (Jacques Rivette, France/Italy)

7. Persepolis (Vincent Paronnaud and Marjane Satrapi, France/US)

8. Water Lilies (Céline Sciamma, France)

9. La Graine et le Mulet (Abdel Kechiche, France)

10. Love Songs (Christophe Honoré, France)

Actor-director Jacques Nolot’s latest film, Before I Forget — John Waters’s second-favorite film of 2007 — will be released theatrically in 2008.

DAMON PACKARD’S TOP 10


I have no shortage of rants about the sad state of cinema. Of the 25,000-plus films released each year, it’s impossible to keep track or be aware of anything above the overrated Oscar contenders or mindless mainstream crap that floods the market. Anything slightly worthwhile not on this list would be a smaller independent (foreign or documentary) film, such as Larry Fessenden’s The Last Winter or The Life of Reilly.

1. Paris, Je T’Aime (various, France/Liechtenstein)

2. No Country for Old Men (Ethan Coen and Joel Coen, US)

3. Notes on a Scandal (Richard Eyre, UK)

4. Sicko (Michael Moore, US)

5. Rescue Dawn (Werner Herzog, US)

6. The Assassination of Jesse James by the Coward Robert Ford (Andrew Dominik, US)

7. Goya’s Ghosts (Milos Forman, US/Spain)

8. Ratatouille (Brad Bird, US)

9. The King of Kong: A Fistful of Quarters (Seth Gordon, US)

10. Death Proof, driving sequences only! (Quentin Tarantino, US)

Damon Packard (www.myspace.com/choogo) is the director of SpaceDisco One, Reflections of Evil, and other films.

JOEL SHEPARD’S TOP 11


1. Bug (William Friedkin, US)

2. The Kingdom trailer (Peter Berg, US; editors Colby Parker Jr. and Kevin Stitt)

3. Fengming: A Chinese Memoir (Wang Bing, China)

4. Silent Light (Carlos Reygadas, Mexico/France/Netherlands/Germany)

5. Into the Wild (Sean Penn, US)

6. An Engineer’s Assistant (Tsuchimoto Noriaki, Japan)

7. Saw IV (Darren Lynn Bousman, US)

8. "Made in America," The Sopranos (David Chase, US)

9. The Pastor and the Hobo (Phil Chambliss, US)

10. You and I, Horizontal (Anthony McCall, UK)

11. Kara Tai in the Front and the Back (Bangbros.com, US)

Joel Shepard is the film and video curator at the Yerba Buena Center for the Arts.

MATT WOLF’S TOP 5


1. Following Sean (Ralph Arlyck, US). Thirty years after making a legendary short film about Sean, the lawless four-year-old son of Haight-Ashbury hippies, filmmaker Arlyck reconnects with his subjects. The result is the most complicated study of baby boomers and their kin ever made.

2. Artist Statement (Daniel Barrow, Canada). Winnipeg artist Barrow uses an old-school overhead projector and layers of transparent drawings to create manual animations with music and live narration. His second US performance brought to life his imaginative, queer, literary, and delicate personal manifesto.

3. Syndromes and a Century (Apichatpong Weerasethakul, Thailand/France/Austria). Apichatpong’s latest radical narrative film focuses on a rural Thai hospital and its inhabitants. Among its meditative episodes is an unresolved love story between a female physician and an orchid farmer.

4. Real Housewives of Orange Country (various directors, US). Bravo’s reality television program about a contrived community of rich middle-aged women living in Coto de Caza is unexpectedly compelling. Because their lives are so boring, there’s nothing left to explore in this show except their complex emotions.

5. Zodiac (David Fincher, US). Crushworthy Jake Gyllenhaal, genius cinematography from legend-to-be Harris Savides, and incredible reconstructions of a beautiful and scary San Francisco in the 1970s.

Matt Wolf (www.mattwolf.info ) is the director of Wild Combination: A Portrait of Arthur Russell (premiering at the 2008 Berlin Film Festival) and Smalltown Boys.

Miette Confiserie

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REVIEW To the casual consumer the difference between a genuine candy store and the checkout aisle at Walgreens is a small one. For others, however, the sweets palate is discriminatory indeed and will only be satisfied by the very best. Both can find a home at Miette Confiserie.

Walking into the store is like walking into a childhood fantasy. There are trees made of gumdrops, huge jars full of brightly colored treats of all types, and even a cotton candy machine. The staff are as sweet as the wares, and the prices for bulk candy are more than reasonable if you don’t insist on stuffing yourself diabetic. Some of the chocolate bars are as expensive as $30, but they’ve come halfway around the world and are pretty big. On the other end of the financial spectrum, there are individual bite-size treats like caramels and torrone for as little as 25¢ a morsel.

Most important, there’s a wall dedicated entirely to black licorice, which is kind of like the zany, crystal-gazing aunt of the candy family — she smells good, but nobody can quite gather the courage to talk to her, because she looks a little intimidating. Miette, however, manages to demystify black licorice, making it accessible — desirable, even, after you’ve scarfed down a few free samples.

No doubt about it, Miette accomplishes its goal of making candy even more fun than it inherently is. Willy Wonka, watch out.

MIETTE CONFISERIE Mon.–Sat., 11 a.m.–7 p.m.; Sun., 11 a.m.–5 p.m. 449 Octavia, SF. (415) 626-6221, www.miette.com

Year in Film: Tonight we dine in hell

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› cheryl@sfbg.com

Ah, 2007: as of this writing, the five top-grossing movies of the year were three-quels (Spider-Man 3, Shrek the Third, and Pirates of the Caribbean: At World’s End), a chunk of Harry Potter’s golden calf (Harry Potter and the Order of the Phoenix), and the world’s flashiest ad for eBay (Transformers). That the biggest box office hit (Spidey raked in more than $336 million) was also the biggest disappointment is only fitting in a year that was characterized by new heights of hype. Did anyone really like 300 beyond its campy and mockable aspects, or did they just think they liked it because the Internet told them to?

I’ll admit I’m crabby, but I’m a victim of hype as much as anyone else. (The trailer for Iron Man and hell, even just the poster art for Indiana Jones and the Kingdom of the Crystal Skull are making me greet 2008 with giddy anticipation.) I probably saw more than 300 movies (including 300) this year, many from the Tinseltown factory — a place that saps originality, force-feeds us things like fat suits and the Rock, and still leaves us frantically panting for more. And when I say us, I mean me. But although the overriding trend for 2007’s mainstream movies was mediocrity and there’s a feeling as December ends that the past 12 months were full of a whole lotta nothing, there were also some thematic similarities worth noting. (Note: there might be some spoilers here, so if you’ve been eagerly awaiting Death Sentence‘s cable debut, you’ve been warned.)

BUNS IN THE OVEN As I noted in my Juno review ("Birth of a Sensation: Ellen Page and Juno," 12/12/07), that film, combined with Waitress and Knocked Up, made 2007 the year the ever-popular celebrity-baby trend jumped from the pages of US Weekly to the big screen. In Waitress an unhappily married small-town gal is impregnated by her surly hubby; she soon falls for the hunky new guy in town, who happens to be her doctor. In Knocked Up a hot, mysteriously single TV reporter decides she’ll pop out the kid of a one-night stand she can barely stand to look in the eye. And in Juno a tart-tongued high schooler — in a family way after an experimental dalliance with her best friend — plucks her kid’s adoptive parents from the PennySaver. Each of these films have unique moments: Keri Russell’s Waitress postbirth epiphany; Knocked Up‘s awkward baby-on-board sex scene; and Juno‘s simple acknowledgement of the fact that abortion is a safe, legal option for women who find themselves unprepared for motherhood. By contrast, check out Romanian import 4 Months, 3 Weeks and 2 Days, opening in early February 2008. A harrowing look at the illegal abortion trade in that country’s Communist 1980s, it well earned the top prize at the 2007 Cannes Film Festival and contains nary a hamburger phone.

WESTERNS First the pirate movie made a comeback, and now we’ve got all kinds of westerns filling up our eyeholes — including the year’s best film, No Country for Old Men, a contemporary spin on the genre that imagines the Wild West as not just a place but a state of mind. More cut-and-dried was 3:10 to Yuma, which featured good guys, bad guys, shoot-outs, stagecoach robberies, and some seriously old-school hat fetishizing. Harder to classify: The Assassination of Jesse James by the Coward Robert Ford, a hypnotic, arty, lengthy study of the western myth from within the myth. The title characters — portrayed in great turns by Brad Pitt and Casey Affleck — are neither heroes nor villains, but rather men with guns and very few morals, those they have applying to loyalty, decency, and respect for human life. In short, fascinating.

SCREAMING FOR VENGEANCE It’s true, I’m a Charles Bronson fanatic who has often and loudly praised the wonders of the Death Wish films, including my personal favorite, Death Wish 3. So I anticipated the double-decker revenge sandwich of Death Sentence and The Brave One with a certain gruesome glee. Too bad neither movie really rocked it. Death Sentence — directed by Saw‘s James Wan and starring Kevin Bacon — went the distance by offing women and (oh god, no!) children. The Brave One offers a few pleasures, namely that scene on the subway in which Jodie Foster pops a guy for, basically, getting up in her face. Mostly, though, both films spent way too much time showing how their protagonists felt after committing acts of violence: fear, guilt, elation, excitement, or otherwise.

True vengeance films don’t bother with that shit — they start with a grievous act (in Death Wish 3 it’s the senseless killing of Bronson’s military buddy, whose biggest crime is living in a crummy neighborhood overrun with cartoonish gang members) and move right into the payback’s-a-bitch phase. Cops who secretly support the good work of heavily armed vigilantes are also a traditional staple; I don’t think Terrence Howard’s sad-eyed, Foster-followin’ Brave One detective really qualified. I can see updating the vengeance film for these more sensitive times, but — wait, no I can’t. Vengeance films with morals bad. Who needs ’em?

OH YEAH, THAT WAR THING You know when you turn on the news, and you see that story that was on yesterday, and last week, and last year too, about that business going on in Iraq? Wait, you don’t watch the news? Nah, neither do moviegoers, who didn’t give two poops about movies with Iraq war themes (I’m including everything from In the Valley of Elah to The Hills Have Eyes 2 here). I suppose if Blades of Glory can’t heal a broken nation, neither can Paul Haggis.

HORROR IS DEAD I almost forgot about The Hills Have Eyes 2 until I typed it above. There was no singular horror sensation this year, or even a really good sleeper, like 2006’s The Descent. Other releases that underwhelmed the horrorati: 1408, Resident Evil: Extinction, 30 Days of Night, Halloween, The Reaping, Vacancy, 28 Weeks Later, and Saw IV (already in the works: Saw V). As usual, the best horror films were in limited release (The Last Winter) or foreign — spooky Spanish thriller The Orphanage, which pays homage to Poltergeist among others (including The Others), hits theaters Dec. 28.

THE MAGIC NUMBER? This was the year of third sequels, some already mentioned above, of which only The Bourne Ultimatum did anything interesting. The slate for 2008 is pretty much locked in — this time next year, Avatar! — and it’s choked with a fair amount of sequels. Batman, Hellboy, Harry Potter, the Mummy, Indiana Jones, James Bond, Rambo, the Narnia kids, and the Star Trek crew are all poised to lead you back into butter-flavored temptation. Now, I don’t think the fact that a film is a sequel automatically means it will suck: I’m willing to sit through just about anything, because no matter how much crap I see, or how many films start off great and veer horribly off course (here’s lookin’ at you, I Am Legend), I never give up hope for the movies. And if that makes me no better than one of 300‘s digitally enhanced Spartans facing certain doom, so be it. See you next year! *

CHERYL EDDY’S TOP 10

1. No Country for Old Men (Ethan Coen and Joel Coen, US)

2. Grindhouse (Robert Rodriguez, Eli Roth, Quentin Tarantino, Edgar Wright, and Rob Zombie, US)

3. Persepolis (Vincent Paronnaud and Marjane Satrapi, France/US)

4. I’m Not There (Todd Haynes, US)

5. Zodiac (David Fincher, US)

6. Superbad (Greg Mottola, US)

7. The Wizard of Gore (Herschell Gordon Lewis, US, 1970) with Lewis in person, Clay Theatre, Nov. 2

8. Mister Lonely (Harmony Korine, UK)

9. Control (Anton Corbijn, UK/US/Australia/Japan) and Joy Division (Grant Gee, UK, 2006)

10. SpaceDisco One (Damon Packard, US)

Year in Film: The other side of the mirror

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› a&eletters@sfbg.com

Is defining I’m Not There the same thing as defending it? Todd Haynes’s kaleidoscopic antibiography of, to quote the tagline, "the music and many lives of Bob Dylan" has inspired all sorts of platitudes since it premiered at the Venice Film Festival, so many that it’s hard not to feel late for the party only a few months after. Still, the fact remains: from listening to Biograph cassettes in the backseat of my mom’s car to reading Greil Marcus’s visionary accounts of The Basement Tapes and "Like a Rolling Stone," I’ve had Dylan on my mind, always prepared to apprehend another side of him.

It’s hard not to feel privileged watching I’m Not There as both a Dylan enthusiast and a cinephile. You can read it between the lines of an erudite review like J. Hoberman’s — didja catch the references to Suze Rotolo and Masculine Feminine? So then, a solipsistic designation for a solipsistic movie: I’m Not There is a catalog and a critique, a hall of mirrors, multivalent and prismatic, like Woody Allen’s Zelig (1983) turned inside out. It is epigrammatic rather than evocative, and made to be written about.

It is also a twisted kind of biopic, something worth noting with everyone from Ray Charles to Scott Walker getting the treatment. The fad for music biopics and documentaries isn’t unrelated to the tendency toward remakes and tie-ins now apparent everywhere in the entertainment business. Only a couple of years after Walk the Line and Ray, some biopic conventions are already brittle enough to encourage both a throwaway parody like Walk Hard: The Dewey Cox Story and a hardcore dissertation like I’m Not There (the films have more in common than you might think). Haynes takes the biopic’s tendency toward flashback-reliant storytelling, for instance, and transforms it into a looping, fractured portrait. Name-dropping is the biopic’s natural territory, but Haynes’s esoteric (Moondog in the opening credits) and cryptic (it’s alright, Ma, it’s only Ritchie Havens) references only add to his film’s foggy rendition.

This is as it should be with Dylan, the singer who at the tender age of 22 began a protest song with the lyric "Oh my name it is nothing, my age it means less." The feedback loops produced by the film’s strategy of quotation and fragmentation work to elucidate Dylan’s critical velocity, the way his different eras seem both terminal (the electric Dylan played by Cate Blanchett is shown in a morgue, and there are intimations that other versions of him are dead too) and porous. Where other music biopics seek to ground a singer’s aura in terms of biography and motif, Haynes runs in the opposite direction, prioritizing an abstract organizing principle like that of D.W. Griffith’s innovative 1916 foray into multiplanar cinematic storytelling, Intolerance.

It should be noted that Weinstein’s ad campaign pointedly undercuts Haynes’s game. Dylan only materializes twice — in text during the opening credits and in person for the movie’s final, mesmerizing close-up — but the I’m Not There poster lists the main cast with the misleading line "All are Bob Dylan."

Blatant Oscar pandering? Perhaps. But what does it say that some of my favorite sequences in I’m Not There are the most conventional? Haynes accesses the "romantic" Dylan of Blonde on Blonde–New Morning–Blood on the Tracks with an interesting Russian-doll trick — Heath Ledger’s Robbie Clark is introduced as an actor portraying Jack Rollins (The Times They Are A-Changin’ Dylan, played by Christian Bale) in a biopic within the biopic titled Grain of Sand. With the exception of an Arthur Rimbaud insert, Robbie is the only Dylan facsimile who never plays a guitar, and this makes sense since the Dylan of "I Want You," "Shelter from the Storm," and "Idiot Wind" always seemed more man than musician. Meanwhile, Robbie’s thorny relationship with Claire (Charlotte Gainsbourg) provides I’m Not There with some desperately needed warmth. A François Truffaut–ish meeting in a diner, a montage of bohemian New York, and a divorce in the late-day light of the Richard Nixon era: they’re all strands of a singular story, which is exactly what I’m Not There is not.

I felt fully prepared to dig Haynes’s panoply, and after seeing the movie three times I’m pretty sure I do. In its constant double-edged critiques and heady invocations of the nonexistent, I’m convinced the film represents one of the most energetic (and perhaps cathartic) directing performances of the year. And yet something’s lost in I’m Not There‘s reshuffling of the biopic deck. Dylan has indeed spent much of his career putting us on, but this is only one part of his impact, with the other more elemental component encompassing the sound of his voice, the exciting bite of his phrasing, and the lightning crack that opens "Like a Rolling Stone."

These sparks of electricity are, after all, the kind of thing rock biopics were made for. The brute power of cinema is such that with a Dolby soundtrack, heavy close-ups, and a gliding camera, even the hammiest dramatization can achieve moments of rock ‘n’ roll bliss. Insofar as Anton Corbijn’s portrait of Joy Division singer Ian Curtis (Control) prizes re-creation over fragmentation, it might fairly be seen as the polar opposite of Haynes’s broken mirror. Corbijn takes the biopic conceit of mimicry to dizzying, self-aware heights thanks to location shooting, a performer (Sam Riley) who learned to match Curtis’s every twitch, and brilliant cinematography evocative of Corbijn’s own iconic photographs of the band.

Control is very good, with excellent acting and convincing performance scenes (two things that go a long way toward making a satisfying rock biopic), though it fails where biopics typically do. Indeed, it’s always a bad sign when a voice-over is introduced more than an hour into a movie. As Curtis shuts down, Corbijn flails to unpack the singer’s psychology, and the voice-over contrivance only fudges the moment of Curtis’s maximum anguish. Still, there is at least one unforgettable scene here — when Curtis stalks the street toward his day job, the soundtrack raw with punk, a graceful camera turn revealing the back of his jacket, emblazoned in chalky white with the word "HATE" — that offers the euphoric, sexy blast that is so often lost in I’m Not There‘s complex din.

There are other forms of music biopic, including the kind that’s genuinely happy to take liberties (see: 8 Mile, Almost Famous). Kurt Cobain about a Son sounded like an interesting experiment on paper, with a soundtrack culled from Michael Azerrad’s late-night interviews with Cobain jutting up against lyrical images from the Pacific Northwest. But the film is ultimately soured by its unresolved discrepancies (it’s hard to make out what such self-consciously pretty images are doing running under Cobain’s gravely, often vitriolic voice-over) and its discussion-ending lack of original Nirvana music. Cobain relates his thrill at hearing "Love Buzz" on college radio for the first time, and we listen to … Iggy Pop?

What does it say about Cobain’s legacy that both cinematic attempts at his life (the other being Gus Van Sant’s evocative 2005 Last Days) have been narrated from such a remove? For one thing, that the slightest morsel of Kurt is good enough to buy distribution. The parade continues, leading one to compile a wish list of future biopic subjects. Arthur Russell, maybe, or perhaps Nina Simone? Cat Power, a.k.a. Chan Marshall, is certainly building toward a good one with all of those onstage breakdowns behind her, and I’d like nothing better than for Haynes to take an honest crack at Karen Dalton or Judee Sill. What of Big Star, John Fahey, Tropicália’s icons, Elizabeth Cotten, Galaxie 500 (directed by Andrew Bujalski), or the Mamas and the Papas? And won’t someone think of poor Donovan, patiently waiting his turn ever since being put down by you know who in Don’t Look Back? *

MAX GOLDBERG’S BAKER’S DOZEN

ON BEAUTY


•<\!s>Paranoid Park (Gus Van Sant, US/France)

•<\!s>Silent Light (Carlos Reygadas, Mexico/France/Netherlands/Germany)

•<\!s>En la Ciudad de Sylvia (José Luis Guerín, Spain)

•<\!s>Boarding Gate (Olivier Assayas, France)

•<\!s>In Between Days (Kim So-yong, US/Canada/South Korea)

REMNANTS OF THE REAL


•<\!s>Useless (Jia Zhangke, China)

•<\!s>My Winnipeg (Guy Maddin, Canada)

•<\!s>V.O. (William E. Jones, US)

•<\!s>The Unforeseen (Laura Dunn, US)

NERVOUS NIGHTMARES


•<\!s>Zodiac (David Fincher, US)

•<\!s>Eastern Promises (David Cronenberg, UK/Canada/US)

•<\!s>Black Book (Paul Verhoeven, Netherlands/Germany/Belgium)

•<\!s>No Country for Old Men (Ethan Coen and Joel Coen, US)

Green City: Climate change could spark more wildfires

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› news@sfbg.com

GREEN CITY Imagine a future in which hundreds of thousands of people in the more arid parts of the country flee wildfires. Imagine a future in which many of those people never return home when the winds shift and the temperature drops because the blazes have left their property a smoldering husk. Imagine this happening with ever more increasing frequency until it’s hard to tell where one fire season ends and the next begins.

Hard to imagine a future like that?

Then maybe it’s easier just to remember last summer’s fire season, when the fires in the American West and Southwest forced the evacuation of more than a half-million people and burned thousands of homes. That terrifying summer could become a more regular reality under our current climate-change trajectory.

Scientists generally don’t describe ecological changes in such apocalyptic terms. But it’s hard not to when faced with the early results of major experiments being conducted at the Nevada Desert Research Center. These experiments are designed to show the impacts on desert environments of climate change caused by soaring levels of atmospheric carbon dioxide.

"We need to see how natural ecosystems are responding to changes in the global climate," Desert Research Institute scientist and project director Lynn Fenstermaker said. "In particular we are interested in how well certain ecosystems are going to be able to sequester [contain in the soil] the additional carbon that’s being produced by fossil fuel burning."

Rising CO2 levels in the atmosphere are one of the main causes of global warming and could create all kinds of environmental mischief, particularly in sensitive desert ecosystems.

These changes could have devastating consequences, with effects including increased growth rates for plants, increased rain, and shifting varieties of plants and animals. These transformations may allow invasive, nonnative species to gain footholds, scientists warn. And with the additional fuel on the ground come bigger and more destructive fires.

The Nevada Desert FACE Facility is hosting one project to study these effects. FACE stands for Free-Air CO2 Enrichment. It’s a 10-year collaboration between several Nevada universities, the Desert Research Institute, the National Science Foundation, Brookhaven National Laboratory, and the Department of Energy. The two-square-kilometer desert facility is located on the Nevada Test Site, 65 miles north of Las Vegas.

FACE allows scientists to raise the CO2 level of large plots of land. For this project the concentration of CO2 is raised 50 percent above the present atmospheric levels in three plots in the Mojave Desert, North America’s driest ecosystem. It’s done by essentially fumigating the area with the greenhouse gas.

"Early results have shown that when we have a wet winter, an El Niño winter, we have invasive grass species producing a lot more and a lot bigger plants [including red brome, a relative of cheat grass]. This particular species leaves a lot of dead biomass [plant matter] on the surface, and then you get lightning strikes and then these nice rangeland fires," Fenstermaker said.

The worst part is that the wildfires also contribute to the carbon load in the atmosphere.

Experiments like those at the Nevada Desert Research Center are necessary because some 40 percent of the earth’s land surface is arid or semiarid, with more land becoming desert each year. This process — the degradation of formerly productive land, often caused by humans — is called desertification. It’s already responsible for an unknown number of deaths. For example, according to US Geological Survey documents, between 1968 and 1973 the desertification-caused Sahel drought in Africa led to the deaths of up to a quarter of a million people and the collapse of the agricultural bases of five countries.

Will increasing CO2 levels in the atmosphere cause devastating fires, more powerful hurricanes, decreased land productivity, and inconceivable starvation? It may be hard to imagine that sort of future — and even harder to accept that it may already be happening.

D. Brian Burghart is the editor of Reno News and Review. View the climate-change study at www.unlv.edu/Climate_Change_Research/NDFF/NDFF_index.html.

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

Don’t accept Bike Plan delays

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EDITORIAL The way city officials are describing the situation, it’s going to be another 18 months at least before San Francisco can add even a single bicycle lane or road stripe or put in a single new bike rack. That’s because a lone nut who thinks bicycles shouldn’t be on the city streets sued San Francisco and forced it to do an environmental impact report on its Bike Plan. And that report has been delayed and delayed again as city planners have been unable to complete it.

That’s infuriated some advocates, including Sups. Ross Mirkarimi and Tom Ammiano — and for good reason. The San Francisco Planning Department seemed to have no problem whatsoever forcing an EIR on the 55 Laguna Street development project onto the fast track, but the Bike Plan … that’s just creeping along.

And in the meantime, bicyclists and pedestrians continue to be run down at some of the most hazardous intersections in town, particularly Fell and Masonic streets and Octavia Boulevard and Market Street. City figures show that Fell and Masonic is one of the most dangerous places in town for pedestrians and bikers; the San Francisco Bicycle Coalition reports that at least eight collisions between cars and bike — all of them causing injury to the rider — have occurred at the intersection since April. It’s not an acceptable situation, and with a little creativity, the city ought to be able to do something about it.

The lawsuit, brought by blogger Rob Anderson, claims the city failed to do a complete EIR before approving its Bike Plan. That’s put everything — even the restriping of pavements for safer bike lanes — completely on hold.

In a sense, it’s absurd to have an environmentally positive change — a city policy promoting bicycling — held up by environmental law. But the California Environmental Quality Act and the way the city is interpreting it still have roots in the era when automobile traffic was considered the most important form of urban transportation.

For example, CEQA requires cities to evaluate how projects would impact traffic — and San Francisco has always used a yardstick called "level of service," or LOS, which refers to the number of cars using a particular intersection and the speed at which those cars can proceed. If a project slows down car traffic beyond an acceptable level, there’s an environmental impact that has to be addressed.

But that’s a backward analysis; the city’s job shouldn’t be to find ways to facilitate more cars on busy streets. And it allows bizarre interpretations: if, for example, the addition of a bike lane on a street reduces the available space for cars, that ought to be looked at as a positive environmental step; the city interprets it as a negative impact.

State senator Carole Migden has discussed legislation that could exempt bike plans from CEQA, and while we’re nervous about any exemptions to the state’s premier environmental law, that might make some sense. But it might not even be necessary.

San Francisco’s city planners are still looking for ways to accommodate cars — all of the city’s development policies are based on the assumption that the number of private vehicles in San Francisco will increase over the next 10 years. An assumption like that leads to mandates for more parking, wider roads, and (maybe) fewer bike lanes.

But there’s nothing in the law requiring the pro-car approach. The Planning Commission could simply adopt new rules that define the level of service on streets differently. Instead of tracking how many cars go through an intersection, the city could track the number of people — including people on foot, people on bikes, and people in buses — and made a determination that pedestrian and bike safety and the quality of the travel experience for non–car users is as important as the degree of auto traffic.

That simple change would render much of the Anderson suit moot: new bike lanes, for example, would no longer be a potentially adverse impact. The city could move forward with much of its bike plan, now.

CEQA doesn’t require cities to accept public safety hazards — and the law clearly creates exemptions for situations in which lives are at risk. Mirkarimi has proposed legislation to change the LOS system, but it has languished; the supervisors need to move on it if the city planners won’t. You don’t need an EIR to tear down a freeway that’s about to collapse — and you shouldn’t need an environmental review to fix the most dangerous intersections in the city, including Fell and Masonic. City planners should simply define those hazardous sites as imminent dangers to public safety and immediately start changing the traffic lights, rerouting cars, and redefining bike lanes to put an end to the carnage, now.

Polishing SPUR

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› amanda@sfbg.com

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Presidio gets a Starbucks

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› news@sfbg.com

GREEN CITY First came the troubling mandate that the Presidio needed to break even financially, a new model for a national park area. Then came the Starbucks. That’s right: the Guardian has learned that a Starbucks will open next month in the Presidio’s Letterman Digital Arts Center, replacing locally owned Perk Presidio.

The new Starbucks — and all it represents — has raised the ire of both park and city activists. Scott Silver, executive director of Wild Wilderness, based in Bend, Ore., is concerned that the Presidio’s self-funding requirement is a harbinger of things to come across federal land management agencies. He says other properties following the Presidio model include Fort Baker in Marin, Sandy Hook in New Jersey, Valles Caldera National Preserve in New Mexico (Forest Service land), and Fort Monroe in Virginia.

"It brings the entire standard of our national park system down from a high pedestal to a pretty base commercial reality," Silver said. "I just look at the Presidio as the first in what I fear will be a long chain of national parks that move away from the model of a publicly funded public good to a privately funded, largely commercial extension of our commercial world that’s really not in any way what we associate with national parks."

City activists point to Proposition G, which passed by a healthy 16 percent margin in 2006, requiring formula retail stores to get conditional use authorization from the Planning Commission before opening in neighborhood commercial districts. Richmond District residents demonstrated the power of this legislation in September by blocking a Starbucks slated for Fifth Avenue and Geary.

Dean Preston, a neighborhood activist and attorney launching a statewide organization called Tenants Together, said, "The law specifically applies to neighborhood commercial districts, but I think those same people who live in neighborhood commercial districts are using the Presidio, which is here in their backyard. I think that whether or not [Letterman Digital Arts] is subject to local law on the issue, they should be taking into account that city sentiment when deciding what kind of businesses to lease there."

Raul Saavedra, leasing director for Letterman Digital Arts, told us he didn’t know about Prop. G but that the company is aware that some people have opinions about Starbucks. That’s why the LDA originally selected Perk Presidio for the space. "We wanted someone like that to be successful," Saavedra said. "And they weren’t, unfortunately."

So the LDA decided to look for a new vendor, considering sole proprietors and local and national chains. Saavedra said the smaller operators he considered had credit issues and concerns about making the location successful. He said the key factors in selecting Starbucks were its strong credit, good service, and solid sustainability program.

Dana Polk, the Presidio Trust’s senior adviser for government and media relations, said that as master tenant, the LDA is free to sublet that space to any company it chooses. Nevertheless, Saavedra indicated that the LDA anticipated possible concerns with choosing Starbucks: "We went to the trust before we signed the deal with Starbucks, because we knew that there would probably be some opinions. And at that time there was no problem."

This will not be the first national park area to host a Starbucks. That dubious honor goes to the San Francisco Maritime National Historic Park, which since October 2004 has housed a Starbucks as a subtenant of Kimpton Resorts in its Hazlett Warehouse, according to Shelley Niedernhofer, chief of administration and business services for the park.

However, National Park Service concessions program specialist manager Jo Pendry confirms that these Starbucks are the first examples of formula retail throughout the 391-site national park system.

Kim Winston, Starbucks manager of civic and community affairs for the western region, claimed that revenues from the Starbucks help fund National Parks Service operations, but Niedernhofer said of the Maritime Park, "We don’t receive any revenue directly from Starbucks." The Presidio arrangement will be similar.

But Preston isn’t mollified. He said, "To have a Starbucks go into the Presidio with no real public review right after a Starbucks is nearly unanimously blocked [by a Board of Supervisors’ vote] in the Inner Richmond does seem like a real contrast. The fact that there’s absolutely no public process for putting a Starbucks in such a visible spot is really a problem." *

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

Backpedaling

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› steve@sfbg.com

Environmental studies on the San Francisco Bicycle Plan have been delayed for almost a year, pushing back the city’s earliest opportunity to lift a court-imposed injunction against improvements to the system — covering everything mentioned in the plan, from new bike lanes to simple sidewalk racks — to summer 2009.

Bicycle advocates and some members of the Board of Supervisors are calling the bureaucratic delays unacceptable, and they’re actively exploring ways to speed things up. Frustrations are running so high that some activists are now talking about taking the plan directly to voters, noting that initiatives are generally exempt from the strictures of the California Environmental Quality Act, under which the bike plan was successfully challenged last year by antibike activist and blogger Rob Anderson.

"We’re looking at creative strategies to make this move, because the plan the city has now is unacceptable," Leah Shahum, executive director of the San Francisco Bicycle Coalition, told the Guardian.

Shahum wouldn’t specifically address the idea of an initiative, which was a hot topic among transportation activists at the monthly Car Free Happy Hour on Dec. 5, but sources say it’s being given serious consideration. One proposal would wrap the bike plan into an omnibus climate change ballot measure promoting alternatives to the automobile.

Earlier this year staffers at the Metropolitan Transportation Agency and other city agencies involved with the bike plan said the draft environmental impact report would be ready by next month (see "Stationary Biking," 5/16/07), but in recent weeks they’ve pushed that target back to September 2008. They’ve also extended the time for follow-up work after the DEIR is complete, now projecting final EIR adoption in late spring 2009 rather than June 2008, as originally envisioned.

When the MTA board was asked to approve the delay Dec. 4, the members were presented with a staff report indicating the "original" estimate for the DEIR was June 2008, "a shift of three months," as MTA spokesperson Kristen Holland also emphasized in an e-mail responding to questions from the Guardian.

But in reality, the target date has been pushed steadily backward by staff at regular intervals throughout the year. When consultant Wilbur Smith Associates began work in May and a public scoping meeting was held, the January DEIR deadline (which had already quietly been moved back to Feb. 1) was moved to June 7. Then to July. And now to September or perhaps even mid-October 2008, as the consultant’s Dec. 3 timeline showed.

"The mayor did not seek to slow it down. What in fact happened is that — much to our disappointment — several city departments told us that our aggressive June 2008 goal could not be met chiefly due to the EIR’s expanded scope," Nathan Ballard, press secretary for Mayor Gavin Newsom, told the Guardian.

After the final EIR is approved in 2009 and the Bike Plan is readopted by the Board of Supervisors, to lift the injunction city attorneys must return to Superior Court Judge Peter Busch (who ruled last year that the plan’s original EIR didn’t comply with CEQA), persuade him to lift the injunction, and hope that Anderson attorney Mary Miles (who is asking the city to pay almost $1 million in legal fees to which Busch says she’s entitled, although the city is contesting the amount) can’t force more delays.

"At this rate the City will be prohibited from making bicycle route and parking improvements until at least mid-2009, and it’s quite likely that the City won’t be back to striping bike lanes until sometime in 2010. Four years of zero bike lanes, four years of zero bike racks, an entire San Francisco mayor’s term," SFBC program director Andy Thornley wrote in a Nov. 27 letter to Newsom on behalf of the SFBC calling on the mayor to help accelerate the schedule.

Ballard said Newsom is trying: "Our office has asked the departments to identify both opportunities to expedite certain phases of the project and additional impediments to meeting the current timeframe."

Sup. Bevan Dufty, who chairs the Transportation Authority’s Plans and Programs Committee, is also pushing for a faster turnaround. He brokered and attended a Dec. 7 meeting involving Shahum and Planning Director Dean Macris.

"I think [Macris] had some excellent ideas about bringing on some consulting staff to help work through the process…. I think in another week we’ll have some solid announcements," Dufty told the Guardian after the meeting. "He felt the department could do more and do better."

Sup. Ross Mirkarimi, who is talking with activists about a possible ballot measure, also expressed frustration, blaming "antibike forces in the Newsom administration" and pledging to keep the pressure on. He told us, "There’s no reasonable justification that would delay this into 2009."

But project staffers say their work is both complicated and unprecedented. "No one has ever done an environmental review quite like this," Oliver Gajda, bicycle program manager for the MTA, told the Guardian. "It’s a fairly complex document that no city has done."

That’s because San Francisco’s bicycle plan is the first to be successfully challenged under CEQA. Gajda said the latest delays stem from expansion of the work scope and from in coordinating with various neighborhood plans in the city and with other agencies like the port and redevelopment districts.

"We’re trying to capture everything we can foresee in the entire city," Gajda said. "We are trying to make this the most solid environmental document possible."

That’s understandable from the perspective of planners whose initial stab at the plan was rejected by the courts, but activists say four years is too long to wait for improvements to a bicycle system that has seen a 12 percent increase in the number of bicyclists on San Francisco streets in the past year, according to an MTA study.

"The fact that this critical project has drifted so far off track in a green city indicates a disappointing lack of commitment from city agencies and no strong hand to guide the Bike Plan forward in a timely fashion," Thornley said. "It’s time for real action and a real commitment from the city to get this work done so we can return to putting real bicycle improvements on the streets of San Francisco."

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