Bay Meadow$' Lobbying Effort$ Pay Off

[CA Michael]

In a surprise move, CHRB chairman Richard Shapiro on Monday called a special "teleconference" board meeting for Tuesday, July 3. It's sole purpose: to allow Bay Meadows another year of racing on its hazardous dirt track.

More than 25 horses were killed, and dozens more injured, on the Bay Meadows surface during its most recent 40 day meet which ended on April 8. According to state Equine Medical Director Dr. Rick Arthur, one out of every 100 starters there was euthanized. Estimated value of the lost horses: $650,000.

In 2006, the CHRB unanimously adopted a policy requiring all California racetracks with more than four weeks of racing dates to replace their dirt surfaces with a synthetic track before January 1, 2008. Hollywood Park installed its 'Cushion Track' last fall and has subsequently seen a dramatic reduction in injuries. Del Mar's new Polytrack will be unveiled in July and Santa Anita will begin removal of its existing track about the same time. Golden Gate Fields has purchased "Tapeta Track" materials and is awaiting final installation approval from the Albany city council.

Of the state's major tracks, only Bay Meadows has refused to abide by the CHRB policy. In March, 2007, the board rejected it's request for a waiver from the mandate; on a 4-2 vote, the board upheld it's safety requirements (commissioners Harris and Andreini dissenting).

The track's owner, Bay Meadows Land Company, headed by developer Terrence Fancher and track president Jack Liebau, donated over $2 million to state lawmakers in the last several years. Among these recipients was Senator Leland Yee (D-San Francisco), who introduced in May Senate Resolution 14 which calls for Shapiro's resignation. Yee also persuaded fellow senators to withhold all state funding of the CHRB. (see Blood Horse magazine editorial at the bottom of this newsletter).

With the reversal of the March, 2007 vote next week a "fait accompli," it's clear that BMLC's strong arm strategy has worked on the CHRB.

CTBAboardwatch--long a supporter of chairman Richard Shapiro's efforts to make racing safe for horse and rider--loudly decries his capitulation. Shapiro's accomplishments in restoring credibility to the CHRB notwithstanding, his willingness to sacrifice literally dozens, if not hundreds, of equine (and potentially human) lives for political expediency does not merit our respect.

In addition to not fully recognizing the consequences of the inevitable loss of life that will occur on the unsafe Bay Meadows track, CTBAboardwatch is concerned that the CHRB has not performed its due diligence on Bay Meadows' waiver application.

For example:

1) Even though building permits for the project will likely be issued in 2008, a 25% current vacancy factor in the San Mateo region will probably delay demand for new office and commercial space there for years;

2) BMLC has to date funded only the Environmental Impact Report (EIR) and a $50,000 impact fee to the San Mateo Arts Council. If the approved project isn't built by 2011, BMLC would forfeit ONLY those expenses. According to San Mateo city attorney Shawn Mason, the Development Agreement between the city and BMLC calls for NO SIGNIFICANT WITHDRAWAL PENALTY;

3) Bay Meadows has offered no substantive improvements to its racetrack surface as a condition of waiver. Neither has the CHRB demanded any.

Given these facts, what is the likelihood that the BMLC will extend the physical life of the Bay Meadows facility beyond 2007? And--rather than install a removable synthetic racetrack surface--will it return to the CHRB in 2008, 2009, 2010 and perhaps beyond for additional "one year waivers?"

Tuesday's unique teleconferencing format will allow commissioners to vote in private. Members of the public who wish to offer comments may do so only at CHRB headquarters in Sacramento, Shapiro's Calabasas office, or at an undisclosed location at Hollywood Park, where they will be placed on speaker phones.

While CTBAboardwatch believes "the dirty deal is done," we nevertheless encourage our readers to contact CHRB commissioners with your thoughts. Thank you.

Richard Shapiro (Chairman) [email protected]
(818) 227-5555 phone
(818) 227-5550 fax

John Harris (vice-chairman) [email protected]
(559) 884-2477 phone
(559) 884-2267 fax

John Amerman [email protected]
(310) 335-0600 phone
(310) 335-0605 fax

John Andreini [email protected]
(650) 573-1111 x 230 phone
(650) 378-4282 fax

Jesse Choper [email protected]

Jerry Moss [email protected]
(916) 263-6000 phone
(916) 263-6042 fax

Marie Moretti [email protected]
(916) 263-6000 phone
(916) 263-6042 fax


CTBAboardwatch is supported by more than 200 horsemen and women who are vitally concerned about California's struggling Thoroughbred industry. We have no membership applications, dues or fees. You're a member if you say you are! Please send all questions and comments to [email protected] and we will respond asap.

***********************
Bay Watch
by Ray Paulick
Editor, Blood Horse
Date Posted: May 15, 2007

Just when you thought things couldn't get stranger in the polit­ical circus surrounding California horse racing, a state legislator has used his influence to block funding for the California Horse Racing Board.

Sen. Leland Yee, a Democrat who represents the San Mateo area, is bitter over the CHRB's recent decision not to give Bay Meadows an exemption from the board's mandate that synthetic surfaces be installed at all major tracks in the state by Jan. 1, 2008. Bay Meadows is in Yee's district.

The de-funding move, executed during a one-minute hearing of a budget subcommittee, makes Yee look petty in his personal war against CHRB chairman Richard Shapiro, who has been an agent for change during his tenure on the board. Far from satisfied with the status quo, Shapiro pushed for synthetic surfaces in hopes it would reduce the rate of injuries to horses racing in the Golden State, which has had a reputation ”deserved or not” for hard and fast tracks.

Twenty-five horses reportedly died either racing or training at the recently concluded Bay Meadows meeting.

The Bay Meadows Land Co., which owns Bay Meadows as well as Hollywood Park in Southern California, has plans to develop the Bay Area track and doesn't want to make the multi-million-dollar investment into a synthetic surface. Track officials asked for a two-year exemption from the CHRB's new rule, figuring they could get required approvals to bulldoze the track in that time frame.

Racing has enough problems without a grandstanding politician using his position to wage a personal war with a state regulator. Yee has publicly called on Shapiro to step down from the board. The senator, along with a few horse racing industry participants who may be egging Yee on, would be better off looking for solutions to some of the industry's problems.

That's what Shapiro has tried to do as CHRB chairman.

(copyright, 2007, Blood Horse magazine)

[Rokeby Forever]

Art Sherman still has a trainer's license...how would a new surface solve anything?

[zinn21]

BM Land with the political campaign of the year. Gotta hand it to them. They "spun" with the best of them. An important factor was the Tapeta surface roadblock at GGF. The CHRB could hardly argue against BM when GGF Tapeta installation became a question mark.

[CA Michael]

zinn, agreed on all counts. The distinction between GGF and BM is really quite clear, though, because GGF has already purchased the synthetic material. It's just a matter of when they can install it. CEO Robert Hartmann told the state senate committee that he expected it to be in before its first 2008 meeting. That's good faith in my book.

Liebau has so skillfully manipulated the CHRB that they don't even know it. For someone so inarticulate, his bullshit is sure convincing to some people. He must have sold snake oil in a prior life.

[Tairaterces]

Art Sherman still has a trainer's license...how would a new surface solve anything?

Hey Rokeby,

Who'da thunk it . . . . . . . . I agree with that statement 100%!!!!!!!!!!!!!!!!!!!!!!

Tairaterces

[Jolene]

I think part of the problem in getting new surfaces installed in a timely fashion also has to do with naysayers from within the industry (outside of track management). The Washington Thoroughbred magazine that just arrived in my mailbox this week has a big article from Ellen Parker (Reines de Course) critical of artificial surfaces. (The irony that this ran in a regional magazine featuring Emerald Downs racing is not lost on me).

[CA Michael]

I agree wholeheartedly Jolene. Perhaps because fatal breakdowns are so traumatic to see, it's easier for some fans to fall into some state of denial about the realities of racing on a bad surface. So, when changes are proposed their self interests supercede their rational thinking. How quickly some people can forget!

[Playwithfire]

Well, they got another year at Bay Meadows. Hopefully they maintain the track better next year than this past meeting.

http://www.drf.com/news/article/86346.html

[CA Michael]

Yes, hopefully someone at the Land Development Co. will remember that lives are at stake and throw a few bones towards surface management. Perhaps if Liebau had to personally accompany each horse that breaks down there back to the receiving barn, and watched it being euthanized, he might not be so callous.

I'm giving odds that BMLC will be back in front of the CHRB in 2008 for another "one-year waver." Any takers?

[Rokeby Forever]

Hey CA Michael,

No, this wasn't at Bay Meadows today:

http://www.equibase.com/static/chart/pd ... 07USA4.pdf

[qpole]

Liebeaus' power lies in the fact that he worked for Magna, and understands that you cannot get anything accomplished with Magna's "new CEO of the month" club. For a long period of time he took better care of Jack than he did his employer, Magna. He's the proverbial kid who got sand kicked in his face when he was a kid, and now he's going to get even, no matter how many horses perish, or people lose their jobs!

[qpole]

Art Sherman still has a trainer's license...how would a new surface solve anything?

I see that Mr Sherman, Steve, is training out of the receiving barn now, having come up with another bad test.