Development

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.

Where is home?

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› a&eletters@sfbg.com

"I’ve never been inside here before. I don’t like to come in here, because I feel alienated in my own neighborhood by this place, and that is kind of what this play is about," Danny Hoch said recently. His new solo stage production, Taking Over, opens Jan. 16 at the Berkeley Repertory Theatre. Speaking the day before he flew out West from New York to begin rehearsals with rep director Tony Taccone and looking around in half disgust, the New York–born actor-playwright was seated inside the Roebling Tea Room, a recently opened, funkily decorated but high-end restaurant directly across the street from his home in Williamsburg, Brooklyn, where he has lived for the past 20 years.

The yuppie meeting place was Hoch’s choice, as much for convenience, it seemed, as to further emphasize the point of what his new work is all about. "Williamsburg is ground zero for gentrification not just in New York but in the country, because it has provided a blueprint for how fast and how violent displacement and economic development can happen in a short amount of time," Hoch said. "And Taking Over is about how gentrification is really masking the idea of colonialism and how everybody is kind of searching for a sense of home and disconnected from where their home is. And in the kind of neofeudalism that is the new economy of North America, people looking for home wind up displacing people who are home."

As in his previous solo plays, such as the Obie Award–winning Jails, Hospitals, and Hip-Hop — which 10 years ago also premiered at the Berkeley Rep — Hoch channels a myriad of characters of various ages, races, and genders. Embodied with his ever-sharp dry observant wit, these include a major real estate developer, a Dominican taxi dispatcher, a French real estate agent, a revolutionary gangsta rapper, and a New York University student — a "clueless hipster" from Michigan who protests that she feels "like a homeless person" after her parents cut her monthly allowance from $5,000 to $3,000.

Another engaging character is the guy who was just released from incarceration after serving time under New York’s controversial, draconian Rockefeller drug laws. But he’s been gone so long he doesn’t recognize his old hood. "When he arrives they’re shooting a movie on his old block, and he talks to a PA on the movie set and says, ‘When I was growing up here people never came to shoot a movie. People shot things all right — like [other] people or heroin — but not a movie,’<0x2009>" Hoch explained. "And then he points to [a] woman in the window and says, ‘That’s my mother.’ And the PA asks him, ‘Oh, she doesn’t want to come down and check out the movie set?’ And he says, ‘No, she’s still afraid to go outside from the ’80s.’<0x2009>"

According to Hoch, the Bay Area has consistently been the most receptive to his work. "The Berkeley Rep is one of the only theaters, if not the only theater, that would support this kind of show from its inception. A theater in New York that needs to economically sustain itself [is] not going to commission or fund a show at this level about gentrification in New York, because it’s going to alienate their very audience." In fact, for the past 10 years Hoch has been unable to make a living as a writer or an actor in his hometown. "New York stories are no longer viable in New York City because the market is being informed by Americans. This is why you have Subway and Domino’s and Applebee’s and TCBY all over New York City — so that Americans can feel at home," he said.

"Do you know how many vintage clothing stores there are around here and stores that I can’t even identify with what the fuck it is that they are selling?" Hoch asked rhetorically. "How do you economically sustain that? You sustain that with disposable income, not income income. That is how you sustain this many bars and a tearoom like this. I tell you, this neighborhood didn’t need another tearoom. We needed more teachers. We needed a hospital. We needed better schools."

TAKING OVER

Through Feb. 10, $27–$69

See Web site for showtimes

Berkeley Repertory Theatre

2025 Addison, Thrust Stage, Berk.

1-888-4-BRT-TIX

www.berkeleyrep.org

Careers & Ed: Get schooled

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

DUCT TAPE DRESS FORMS


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

Jan. 19, 11 a.m.–3:30 p.m. $75

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

URBAN COMPOSTING


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

Jan. 19, 10 a.m.–noon. Free

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

YOGA 101


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

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

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

CURIOUS SOUL: THE VISUAL JOURNAL


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

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

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

PAPER LANTERNS


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

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

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

WOMEN’S BLACKSMITHING


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

Feb. 2–3, 10 a.m.–6 p.m. $345

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

MOROCCAN FLAVORS


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

Feb. 4, 6:30–9:30 p.m. $60

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

IMAGE AND THE BOOK


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

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

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

2-DAY FILM SCHOOL


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

March 15–16, 9 a.m.–6 p.m. $389

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

WINE TASTING: BASICS FOR BEGINNERS


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

April 26, 1–3 p.m. $50

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

Tiger tales

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

› news@sfbg.com

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

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

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

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

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

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

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

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

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

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

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

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

And thereon hangs this tiger tale.

TARZAN AND TIGER ISLAND


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

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

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

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

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

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

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

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

THE MISSING WALL


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

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

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

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

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

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

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

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

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

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

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

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

NO MARGIN FOR ERROR


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

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

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

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

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

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

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

THE LONG JUMP


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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

THE BIPED PROBLEM


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

Consider the players, starting with Zoo management and keepers.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

A hard line on 55 Laguna

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EDITORIAL In spring 2007, Assemblymember Mark Leno talked to Ruthy Bennett, the point person on the A.F. Evans proposal to build a major housing development on the old University of California at Berkeley Extension campus in San Francisco. Bennett was running into some problems: the site’s neighbors didn’t think the project included enough community mitigations. And Evans was looking for ways to fund a much larger community center and possibly some affordable housing.

Leno was interested in the project in part because it included plans for 80 units of housing for queer seniors. Open House, a local nonprofit, had been trying to find a site for an LGBT retirement complex for some time, and Evans had agreed to make that part of its project. The assembly member had a friendly relationship with the chancellor of the UC, which owned the land, and he told Bennett he might be able to intercede and help reduce the lease amount the UC wanted to charge the developer. Leno brought Sup. Bevan Dufty, whose district includes part of the site, to the meeting.

Leno told us he made some progress: the UC had wanted $20 million, but he talked the chancellor down to $18 million. "With that $2 million, we were able to substantially increase the size of the community center," he said.

But at the same time, UC representatives apparently walked away from the table thinking they had a final, done deal — that representatives of the city and the state had signed off on a price, which was now set in stone. "Unfortunately, UC’s position is predicated on a deal that doesn’t work well for moving this project forward," Sup. Ross Mirkarimi told us. Now that Mirkarimi is demanding greater affordability in the housing — which is largely high-end rentals — Evans is saying it needs a break from the UC, and the UC won’t budge an inch.

And somebody needs to budge, or this deal needs to be scrapped altogether — because it’s not good for the city.

Remember: this is public land that’s been used for public educational purposes for a century. Now the UC and Evans want to turn it into a private, for-profit housing complex. And only a minimal amount of that new housing will be available at a price that’s affordable to the vast majority of San Franciscans.

Of the 420 units, only 16 percent (roughly the legal minimum) will be affordable. None of the 80 LGBT units will be rented at anything but market rates unless Open House can raise the money to subsidize them. That’s not acceptable: building high-end apartments for the rich does nothing to help the city’s housing crisis, and while we agree there’s a need for supportive community housing for LGBT seniors, middle-class and poor queers need a place to retire too — and this will do nothing for them.

The project was on the fast track until state senator Carole Migden squeezed the UC and forced a delay until late January. The city has plenty of leverage here: not only does the site require rezoning, but the supervisors would also have to sign off on a plan to hand over a piece of Waller Street to the developer.

At this point city officials need to take a hard line: either Evans and the UC up the affordability level to, say, 40 or 50 percent and guarantee that some of the senior units will be subsidized, or the project dies. Period.

We agree with the neighbors of 55 Laguna who say the site has been empty for too long, is an eyesore, and attracts crime. It’s 5.8 acres of land in a central part of the city, and it shouldn’t remain a crumbling ghost of a former college. But the UC and a private developer can’t set all the terms here either — and the city can do a whole lot better than the deal on the table right now.

Year in Film: Beauty lies

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› a&eletters@sfbg.com

Unsettling subjects such as fatality by bestiality and landscapes ravaged by industry might conjure coarse, sensationalist images — straightforward visions of debauchery and exploitation. But if you are Robinson Devor or Jennifer Baichwal, they conjure bittersweet visual poetry: Devor’s Zoo and Baichwal’s Manufactured Landscapes are two stunning documentaries released this year that cleverly wield visual beauty to convey an apparent distortion in the human relationship with animals and with the environment, respectively.

Just as there are horror films and melodramas that use intensity and abrasiveness as crutches to make transitory impressions on their audiences, there are well-intentioned social-issue documentaries that amplify atrocity in order to shock viewers into caring. Zoo and Manufactured Landscapes are refreshing and poignant for countering this impulse. They are from the school of subtlety — not subtlety of content, but of form.

Zoo‘s opening shot seems to encapsulate its spirit of patient, elegant reveal. A prick of blue light amid blackness slowly expands and comes into focus as the blue-washed tunnel of a mine where the film’s first narrator — Coyote, a paramedic — worked before he made his way to Washington. It is a scene that contains a discomfort vague enough to be missed, as if we are gradually homing in on a world that will prove unpleasant. The mine’s elongated confinement also portends the halls of the grand stable where mischief occurs later in the film. Concomitantly, the music begins as a delicate support and escalates into a complex, slightly unnerving amalgamation of sounds, including those of a computer modem. The use of a computer’s noises of labor is meaningful because it prerelates to one zoophile’s explanation of how important the Internet was to the solidification of the group that is the film’s focus.

It is partially Zoo‘s structure that lends it an air of elegant subtlety. There is a linear story being told, from the online discovery to the convergence in Washington to the main event and its aftermath, but within that conventional structure is a fluid, relaxed traveling between narrators that has a less obvious logic. This befits the visual style, which is a poetic approximation of events rather than a recording of actuality. Bits of perspective from the various players cohere with a pacing and an order that feel carefully calculated to mimic the way in which uncertainty is slowly dispelled and truth, while withholding promises, comes into focus, fragment by irregular fragment.

Zoo glides between members of the zoophile group and a horse rescuer, a radio show host, and a politician, who all — in varying manners — offer commentary confronting the offensiveness of the men’s behavior. The film’s lightness is largely a result of its minimal contextualization and identification of location and character, as well as its refusal of a rigidly organized rise to climax. When the subjects of its investigation appear in the film at all, it is in an indirect manner. Actors fill in for the condemned men, liquidly guiding viewers through events, but faces are unimportant. Voices, which exude a certain ease even when confidence gives way to defensiveness or befuddlement, are the integral thread in the film’s subjectivity. Zoo features the voices of H and the Happy Horseman, two participants on the ranch, and does an exquisite job of extracting bits of anecdote and emotional response that give a full account with very little. There is a wise reticence here, like a conversation between lifelong friends who speak uninhibitedly but with the understanding that all need not be vocalized. The viewer, as if the film’s friend, can fill in gaps and mentally expand on the subjects’ pointed statements.

There are moments in Zoo when harshness or avidness peeks through the mostly even tones of the voices, such as when a local senator declares that animals — like children — cannot consent to sex with men, but this is diffused by quiescent visuals, the absence of a physical presence, and a refusal to linger on or delve further into these objections. Similarly, Manufactured Landscapes skirts a direct and impassioned address of the offense against humans and nature that it depicts and relies more on the awe of imagery and fastidiously selected and placed bits of commentary. Edward Burtynsky, the photographer whose work the film extends and considers, explains that he wants his daunting photographs of dramatically botched landscapes to be left to viewers’ interpretation. The role of the artist is to competently capture and present in a way that encourages discourse rather than to project a prefabricated message or force a critique.

In Manufactured Landscapes, Baichwal’s vision is consistent with Burtynsky’s. Her video footage of devastation such as that associated with the Three Gorges Dam and gargantuan mounds of e-waste, both in China, is accompanied by Burtynsky’s narration, which contains a rather discreet lament but foregrounds a more ambiguous combination of fact and feeling. A notable difference between her product and his is that hers includes the process of his, so in her film we are able to see that he choreographs the laborers in his photographs. Toward the beginning, he directs the innumerable yellow-clad Chinese workers on the premises of a huge factory, seemingly creating symmetry to convey the atmosphere of this immense and oppressive world. Also, Baichwal uses the clever device of pulling out of a site that Burtynsky photographs to reveal his picture hanging in an upscale gallery. In this way the viewer is delivered a powerful juxtaposition — a suggestion of the conflicted, perhaps ridiculous, consumption of these ironically beautiful photographs by the privileged people who can only relate to the images through their vague complicity in the dusty and oily oppressions of globalization.

It is mostly the visual style — the exquisiteness of the shots — that renders the reception of these films frustrating in a rewarding way; it is a frustration of sensibility and of fundamental sentiments about human nature. Burtynsky briefly comments on the symbolism of the gigantic ships under construction that he photographs in Bangladesh — ships that are built by teenagers who are up to their necks in oil, working in life-risking conditions, and that are used to deliver the oil he uses for his art and transportation. As in other scenes of the film, he and Baichwal enact a subtly sinister symbolism to nudge viewers toward absorbing the absurdity of development without empathy. One triumph of their work is that they slyly fuse concern for the environment (as in alien landscapes blistered with toxins) with concern for fellow humans (as in foreign factory workers who assemble our consumables). Another gorgeous and telling image is of an endless heap of computer parts of various shapes and sizes. It resembles an art installation of some sort, but as the camera slowly pulls out, a gasp forms in reaction to the heap’s vastness, and the viewer learns that the Chinese who rummage for valuable metal are exposing themselves to toxic metals that also make their way into their water.

In Zoo the visual style is more a product of finding a literal representation of the story being recounted and presenting it as a pleasing near-abstraction. Both Devor’s film and Baichwal’s feature a visual poeticism that threatens to detach viewers from the repugnance of reality; but because Zoo is such a cinematic construction, it is particularly susceptible to this numbing effect. So, when it shows a soft-focus, high-lit close-up of blackberries on their thorny vine or a snorting Arabian horse twice framed by square barn windows in the rich blue of evening, it is easy to forget for a moment that the narrators speak of a horse repetitively puncturing his eyes, or of the methods of forced submission.

Because Devor seems to have established a pact with his audience that he will only convey these acts through photo-book semblances of offensiveness, it is especially jolting and seemingly a betrayal when he actually reveals glimpses of bestial sex as the camera pivots around a half circle of flabbergasted witnesses to a video record. Zoo seems to be mocking the audience for wanting this salacious moment, and Devor withholds satiation. He also seems to be playing with the boundaries of effective reveal and withholding and their relationship to juxtaposition. Are these flashes of difficult-to-fathom sex more potent when surrounded by poetic suggestion? Are they a betrayal of the audience, and, if so, are they a meaningful betrayal?

Zoo shares contemplative aerials and slow, smooth pans with Manufactured Landscapes, and these seem integral to the films’ peculiar sort of poeticism. Their aerial views are not the informational establishing shots one would expect from straightforward documentaries, but almost ethereal windings through the air. Rural Washington and a pretzel-like Chinese highway system seem softly haunting, both suggestive of a subterranean depravity of sorts that the filmmakers are hinting toward. The calm control of the gliding camera is more apt to lull than unsettle, but this is counterbalanced by its uneasy turns and a voice-over that, in Zoo, ironically tells of the community’s innocence and, in Manufactured Landscapes, earnestly considers the film’s thematic ill.

Likewise, in Zoo, when the camera languidly pans across peacefully grazing horses in a pasture at night while a horse rescuer describes the profound relationship she has with these beasts, there is a cool, ironic innocence undercutting the otherwise soothing shot. In Manufactured Landscapes, Baichwal’s memorably interminable opening pan across a colossal Chinese factory serves a more direct purpose, but it also creates the same sort of ironic beauty that runs through Devor’s movie. The grace present in these shots may glaze over the horror they convey for some viewers at certain moments, but the manner in which this grace galvanizes a sense of horror that reverberates deeply and authentically after viewing is more interesting. *

KEVIN LANGSON’S TOP 10

1. Manufactured Landscapes (Jennifer Baichwal, Canada)

2. Sicko (Michael Moore, US)

3. The Witnesses (André Téchiné, France)

4. Zoo (Robinson Devor, US)

5. Before the Devil Knows You’re Dead (Sidney Lumet, US)

6. Margot at the Wedding (Noah Baumbach, US)

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

8. Protagonist (Jessica Yu, US)

9. Buddha’s Lost Children (Mark Verkerk, Netherlands)

10. The Other Side (Bill Brown, US)

Switching sides

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› gwschulz@sfbg.com

Following the waves of layoffs that have occurred over the past year at several newspapers in the Bay Area, former top editors and reporters are reinventing themselves as media spokespeople, also known as "flacks," after the jackets that deflect incoming rounds of ammunition. At least a half-dozen prominent journalists have succumbed so far.

Their job now is to stamp out unsettling questions from their former colleagues or put a positive spin on bad press, like calling a slight dip in San Francisco’s homicide rate last year a huge success for Mayor Gavin Newsom or characterizing his lurid affair with a subordinate as a chance for him to heal emotionally.

They’re perhaps most famous for the phrase "no comment," but flacks the world over would likely prefer a more honorable description, like the one promoted by the Public Relations Society of America: "Public relations helps our complex, pluralistic society to reach decisions and function more effectively by contributing to mutual understanding among groups and institutions."

Spoken like a true flack.

So who better to work as a media relations executive than a former reporter? Newspaper insiders know more than anyone else how to kill a story or at least blunt its impact by instilling doubt in the mind of the reporter. It’s not uncommon for journos to hear "That’s not a story" from the new flacks.

Another tactic, used by C.J. Cregg, the fictional flack in Aaron Sorkin’s television series The West Wing, is to invite uncooperative reporters out for coffee and off-the-record chatter until they’ve been befriended. District Attorney Kamala Harris’s press office is famous for coffee invites.

Among the newspaper expatriates:

•Chris Lopez, an editor of the Contra Costa Times who was laid off by parent company MediaNews Group last year, took a job as a communications director for the Denver host committee of the Democratic Party’s 2008 convention.

•Paul Feist, formerly the Sacramento bureau chief for the San Francisco Chronicle, was appointed by Gov. Arnold Schwarzenegger earlier this year to serve as a communications secretary for the California Labor and Workforce Development Agency.

•Tom Honig, who recently departed as the longtime editor of the Santa Cruz Sentinel, accepted a job with Armanasco Public Relations, an affiliate of Hill and Knowlton, which represents such illustrious clients as McDonald’s, Pacific Gas and Electric Co., and Starbucks. Hill and Knowlton helped McDonald’s diminish fallout from the 2004 documentary Super Size Me, in which filmmaker Morgan Spurlock attempted to survive exclusively on the fast-food chain’s food for 30 days, with disastrous results (his health condition plummeted).

Honig, however, promised Sentinel staffers Nov. 30 that he wasn’t betraying the values of news reporting and proclaimed himself a martyr hoping to save the Sentinel from further staff cuts enacted by MediaNews CEO Dean Singleton.

"Just because you’re in public relations does not mean you’re a liar," the paper quoted Honig as saying. "What I do now is tell people’s stories. This is just another way to tell people’s stories."

He’ll make a praiseworthy spinner indeed.

Lopez and Honig could not be reached by deadline. Nor could we get hold of a spokesperson for the spokespeople at the Public Relations Society of America. Feist wouldn’t comment when we contacted him.

There are other defectors. A former Chronicle reporter from the paper’s Sacramento bureau, Lynda Gledhill, is now a spokesperson for State Senate leader Don Perata, and a San Jose Mercury News capitol reporter, Kate Folmar, is working for the press office of Secretary of State Debra Bowen. And former Chronicle City Hall reporter Charlie Goodyear is now working for the high-powered SF flack firm Singer Associates.

Newspaper giant MediaNews set the trend this year for pushing career journalists into public relations. The company laid off scores of people after it purchased several newspapers in the Bay Area, including the Sentinel, the CoCo Times, and the Mercury News. But other Bay Area newsrooms, including the Hearst Corp.–owned Chronicle, today have literally half the staff they had just a few short years ago.

Lopez previously worked for Singleton’s flagship paper, the Denver Post, which he helped earn a Pulitzer Prize for its coverage of the Columbine shootings. Columnist Charles Ashby of the Post‘s rival Pueblo Chieftain pointed out Dec. 10 that two more former Post staffers are now working as press secretaries for Colorado governor Bill Ritter and reporters from other large Colorado papers are today handling public relations for the Denver Metro Chamber of Commerce and the University of Colorado.

Gene Rose of the National Association of Government Communicators insists citizens are better served by bureaucracies that contain former reporters.

"With the shrinking news hole and with less reporters to cover news, agencies and governments are being forced to figure out ways to communicate more directly with people one-on-one," Rose, also a former reporter, said.

The interim dean of the University of California at Berkeley’s journalism school, Neil Henry, documented the phenomenal rise of public relations in this year’s book American Carnival: Journalism Under Siege in an Age of New Media (University of California Press). In particular, he notes, TV news organizations have grown increasingly reliant on polished video news releases produced by flacks, which sometimes air verbatim, as opposed to expending their own dwindling newsroom resources. The VNRs, as they’re called, give "coverage" of a product or idea the veneer of journalistic credibility, when in fact they’ve been created by professional manipulators.

"For the concerned citizen and certainly for the dedicated American journalist, it is horrifying to see how significantly business and political advertising has compromised the mission of the news industry, at times with the industry’s full participation," Henry writes.

He adds that in 2004, New Mexico governor Bill Richardson lured more than 20 journalists, including some of the state’s best, into his administration with the promise of good pay.

So who else in the Bay Area plans to depart for the dark side? No comment.

Homes for whom?

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› sarah@sfbg.com

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Reining in the UC

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EDITORIAL The deal that’s slated to turn a former University of California campus into a private housing development in San Francisco is another demonstration of a long pattern of problems between the UC and local governments. Put simply, the university is a bad neighbor and a bad actor — and it’s time the State Legislature did something about it.

The history of local communities fighting the UC is legend in this state, dating back at least to the People’s Park battles in Berkeley in the 1960s, and today that city is fighting the school’s plan to build a new sports stadium. In San Francisco the UC has tried to run over local planning laws to build a garage at Hastings College of the Law, is angering neighbors with its expansion plans at Mission Bay — and is now in the spotlight at 55 Laguna Street, the site of an old UC Extension campus.

The university wants to let A.F. Evans Co. build 440 units of housing — much of it high-end, with an average rent of $4,000 per month — on the 5.8-acre site. Only 15 percent of the units would be available below market rate.

Sup. Ross Mirkarimi has been trying to increase the number of affordable units but has run into a giant obstacle: the UC is demanding $18 million for the land, and it won’t budge an inch. In fact, the university has told him it’s prepared to drop the whole deal and walk away (leaving the campus empty and crime-infested and angering its neighbors) if the city tries to get a penny of that lease money.

We recognize that, like every other state agency, the UC desperately needs cash — but we’re sick of university officials acting arrogant, refusing to deal in good faith, and threatening to use the power of a state agency to bypass local land-use laws. While San Francisco struggles to make the 55 Laguna project work, the State Legislature ought to find a way to force the UC to work with local governments — and remove its ability to circumvent local laws.

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.

FOIA reform bill passes!

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After five years of effort, a group of ten media organizations called the Sunshine in Government Initiative has succeeded in getting Congress to pass a much-needed reform bill that addresses some of the worst problems with the Freedom of Information Act. It now goes to the president — but since there are Republican co-sponsors and it passed pretty overwhelmingly, there’s a chance he’ll sign it.

Here’s the official statement:

U.S. House Sends FOIA Reforms to President’s Desk,
Media Groups Praise Changes Helping Public Obtain Documents

The ten media organizations comprising the Sunshine in Government Initiative
(SGI) applaud the House and Senate for passing important bipartisan reforms
to the Freedom of Information Act (FOIA).

Senator Patrick Leahy (D-VT), Sen. John Cornyn (R-TX), House Oversight and
Government Reform Chairman Henry Waxman (D-CA), Rep. Tom Davis (R-VA), Rep.
William Lacy Clay (D-MO), Rep. Todd Platts (R-PA) and Rep. Lamar Smith
(R-TX) led the effort to pass this legislation. Senator Jon Kyl (R-AZ) also
played a key role in getting this legislation over the finish line.

The media group members of SGI appreciate the hard work and dedication of
these members and their staffs for their diligent work to improve the way
FOIA works for the American public. Members of the SGI coalition include:
American Society of Newspaper Editors, Associated Press, Association of
Alternative Newsweeklies, Coalition of Journalists for Open Government,
National Association of Broadcasters, National Newspaper Association,
Newspaper Association of America, Radio-Television News Directors
Association, Reporters Committee for Freedom of the Press, and Society of
Professional Journalists.

Statements from the Sunshine in Government Initiative and SGI Members
Organizations

“After years of growing government secrecy, today’s vote reaffirms the
public’s fundamental right to know,” said Rick Blum, Coordinator of the
Sunshine in Government Initiative. “Fixing FOIA isn’t a secret. This bill
makes commonsense changes to help the public know what government is up to.
We thank the sponsors who championed real changes and worked hard to keep
the government’s doors open.”

“We applaud Congress for resolving the differences that existed in the House
and Senate versions of this important legislation and making its passage a
reality,” said Gilbert Bailon, president of the American Society of
Newspaper Editors and editorial page editor of the St. Louis Post-Dispatch.
“This action reaffirms the public’s right to know and buttresses a statutory
right vital to our Democracy.”

Long-time open government advocate Pete Weitzel, Coordinator of the
Coalition of Journalists for Open Government, which is a member of SGI,
called the vote “a true holiday gift from Congress.”

Community newspapers particularly sought an independent office to resolve
disputes. “Strengthening the Freedom of Information Act will pay dividends
in public information for a long time to come. This new law has many
virtues. But as community newspaper journalists, we particularly celebrate
the development of an ombudsman office under the Office of Government
Information Services,” said Steve Haynes, President of the National
Newspaper Association and Publisher of the Oberlin (KS) News. “We hope it
will open doors that have too long been locked by delay and inattention to
information requests. National Newspaper Association congratulates Senators
Leahy, Cornyn and Kyl and House Chairman Henry Waxman for their authorship
and contributions to this bill. We hope this will be the first of many
enactments to improve transparency and help citizens better understand how
the government operates.”

Other media leaders praised today’s vote and the bill’s sponsors. ³The
Freedom of Information Act is an indispensable tool for citizens and
businesses to access information about their government, which,
unfortunately, too often includes government waste and wrongdoing,² said
John F. Sturm, President and CEO of the Newspaper Association of America.
³Today¹s bipartisan passage of the OPEN Government Act to strengthen and
reform FOIA is a great day for the public¹s interest in good government. We
applaud the dedication of all the lawmakers who pushed this important
measure forward, particularly Senators Patrick Leahy, John Cornyn, Jon Kyl
and Reps. Henry Waxman and Todd Platts.²

³This is a huge advancement for open government, thanks to the leadership of
Senators Leahy, Cornyn and Kyl and Representatives Waxman and Platt,² said
Barbara Cochran, president of the Radio-Television News Directors
Association. ³But this isn¹t just a victory for journalists; it¹s a victory
for every single member of the American public. This legislation will
eliminate some of the lengthy delays and persistent backlogs in the FOIA
process that create obstacles and limit the public¹s ability to make
informed choices in their communities.²

Other SGI members saw this as a strong change in direction. “Passage of the
FOIA bill will allow not only members of the press but all Americans to hold
their government more accountable. In a time when First Amendment rights
are under attack almost daily in this country, this bill is a major step to
ensuring America has a free press and a government that is transparent and
open,” noted Clint Brewer, president of the Society of Professional
Journalists and Executive Editor of the City Paper in Nashville, Tennessee.

Murdoched: the Stockton Record is next

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By Bruce B. Brugmann

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

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

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

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

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

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

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

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

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

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

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

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

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

Where it all will end knows only God. B3

Owners might change — but not the mission

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Speidel was before my time.

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

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

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

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

The future? Who knows?

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

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

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

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

Click here for article.

Year in Music: Time out?

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› a&eletters@sfbg.com

This ain’t the hyphy movement, bra-bra.

Beeda Weeda, "(I Rep Oakland) I Don’t Rep the Bay"

It was a strange year for my long-running obsession, Bay Area rap. After two years of steady building, the scene reached a plateau in 2007, for various reasons. On the one hand, many of the hottest acts — from OGs San Quinn and E-40 to youngsters J-Stalin and Beeda Weeda — dropped discs in ’06 and have spent this year prepping follow-ups. E-40, for example, is finishing his second Reprise disc, The Ball Street Journal, while Stalin’s drafting his Prenuptial Agreement for local powerhouse SMC. Another factor has been the major labels, which have held up albums by their signees. After interminable delays, Reprise finally released the Federation’s It’s Whateva, but Atlantic is still sitting on Mistah FAB’s Yellow Bus Rydah; Capitol has yet to schedule Clyde Carson’s Theatre Music but is still spending money for features — by Snoop Dogg, the Game, etc. — which is a good sign.

"Basically, it’s on us," says Mayne Mannish, Carson’s former Team mate, now manager. "We have to turn in the best album we can." He suspects the album will be released in April 2008.

The most important development by far, however, has been the backlash against the hyphy movement. Among Bay rappers, who pride themselves on originality and are impatient with major-label foot-dragging, this was inevitable. Musically, though, it doesn’t really matter: the innovations of hyphy have transformed the Bay for good, even if the sound has diffused into the overall mix.

But the fundamental cause of the backlash has been the withdrawal of radio support by the Bay’s main hip-hop station, Clear Channel–owned KMEL, 106 FM. This lack of airplay began with a feud between KMEL managing director Big Von Johnson and Mistah FAB over FAB’s now-defunct Wild 94.9 radio show.

But FAB, for one, has kept the ball rolling. Even without radio support, his independent disc Da Baydestrian (Faeva Afta/SMC) has moved almost 17,000 copies — approaching the 20,000 sales of Son of a Pimp (Thizz Ent., 2005), which got him signed to Atlantic — and, according to SMC’s Will Bronson, is still selling strong. The Atlantic disc, FAB says, remains possible, but meanwhile he’s keeping it lit, recording an upcoming independent album with producer Alchemist. His freestyle victory in New York City over Royce Da 5’9" and their subsequent feud — now over — also garnered national attention. To top it all off, FAB’s released a new single via www.myspace.com/mistahfab, "Party On," with Snoop Dogg, one of the few mainstream rappers to support the Bay. He has given FAB the title "nephew," the ultimate endorsement from a senior rapper. "He’s a mentor," FAB says. "He teaches you in the studio and how to persevere."

Another promising sign regarding Bay Area’s rap future has been the number of new acts and strong recordings that have been bubbling to the surface. Ike Dola and Shady Nate have raised a buzz via mixtapes, and both plan albums for next year. Pittsburg’s Dubb 20 — a Mob Figaz affiliate — dropped his debut to little fanfare, but it’s among the best of the year. Turf Talk, meanwhile, catapulted himself to the top of our esteem with his accomplished West Coast Vaccine (Sic Wid It/30-30). There’s no lack of great music here.

If hyphy is no longer a so-called movement, however, the unity it represented remains key to the scene’s future success. "If we come together, we’ll be unstoppable," FAB says. "We’re an all-star team, but we have to stop worrying about the individual MVP and play together." *

A BAY AREA TOP 10


•V-White, Perfect Timin’ (V-White Ent./SMC)

•PSD, Keak Da Sneak, and Messy Marv, Da Bidness (Gateway/SMC)

•G-Stack, Welcome to Purple City (4 the Streets)

•Mistah FAB, Da Baydestrian (Faeva Afta/SMC)

•Dubb 20, Racks Macks Dope Tracks (FriscoStreetShow/Sumo)

•Turf Talk, West Coast Vaccine (Sick Wid It/30-30)

•J. Nash, Hyphy Love (Soul Boy Ent.)

•The Federation, It’s Whateva (Southwest Federation/Reprise)

•Jacka, The Jacka Is the Dopest (Demolition Men)

•J-Stalin and Shady Nate, Early Morning Shift 2 (Demolition Men)

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."

For rent sale

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› news@sfbg.com

Luz Moran, 75, fingers through a shoebox full of certified envelopes from her landlord’s attorney, squinting at the English words. She’s sitting on a red couch in the living room of her modest Mission District apartment, her feet barely touching the floor.

"This is another check he sent me, look," she mutters in Spanish, pointing out two checks amounting to $3,752.85. The money was sent along with an Ellis Act eviction notice, the first half of the $7,500 in relocation benefits city law requires be given to elderly or disabled tenants who are removed through the state law (if the tenant is not elderly or disabled, the landlord only needs to provide them with $4,500).

"I don’t know what we will do. Other apartments are expensive, and we can’t afford them," Moran says. The money is barely enough to cover moving costs and the first month’s rent at another place, she says, adding, "I don’t think this landlord is dying because of lack of money."

The eviction was not her landlord’s first attempt to move Moran, along with her 92-year-old mother and her son, from their two-bedroom apartment. In May 2006 he offered to sell them the unit for a discounted rate of $310,000, which was out of the family’s price range. Then he suggested a buyout agreement so they would leave voluntarily, but said he couldn’t offer much more than the Ellis Act’s required compensation. After the initial attempt to subdivide the building and all other negotiations failed, the landlord finally issued the eviction. He now wants to sell the units as tenancy in common apartments. But the Morans — and some other tenants in the building — are refusing to cash his checks.

"Because if we accept the money, it says that we are willing to leave here," Moran says.

The word eviction brings back bad memories for many residents of San Francisco, where the number of people thrown out of their homes numbered 2,878 in 1999. Then, at the height of the dot-com era, long-term renters were booted to make room for higher-paying tenants and out-of-towners prepared to buy six-figure homes.

But Moran’s story highlights two new additions to the renter woes that fill the San Francisco Tenants Union these days: landlord buyouts and a surge in TIC homeownership. With San Francisco’s housing prices on a seemingly perpetual upswing, it’s no wonder TIC ownership has increased twelvefold in the past decade. In 1996, 55 TIC units were sold through the San Francisco Multiple Listing Service, and in 2006 that number rose to 650, according to Realtor groups.

At first glance, it looks as if this trend should answer the prayers of middle-class families while avoiding an increase in no-fault tenant evictions. The city’s total evictions have been going down since 2001, hovering around 1,500 since 2003. But over the past five years Ellis Act petitions have slowly picked up, then petered off again, according to Rent Board data. And Ted Gullicksen, office coordinator at the Tenants Union, says these numbers don’t take into account relocation as a result of unregistered buyouts and threats, which can often lead to TIC ownership.

Each weekday at the Tenants Union dozens of renters shuffle through the doors, plop into mismatched chairs, and wait for hours to spill their complaints and legal paperwork onto the desk of a volunteer counselor.

"We’re pretty busy here at the Tenants Union," Gullicksen says on a Friday afternoon during counseling hours. "It’s pretty close to what it was during the worst of the dot-com years."

Gullicksen reports an increase in the number of threats and buyouts of tenants in the past year. He attributes that to 2006 legislation passed by the San Francisco Board of Supervisors prohibiting the conversion of buildings after the eviction of elderly or disabled tenants or multiple units. By avoiding putting an Ellis Act or other no-fault eviction on the record, the landlord can eventually convert the building into a condominium because its history hasn’t been tainted.

A building with no eviction history goes for more on the MLS, according to Gullicksen, which explains why landlords are willing to pay up to $60,000 for a "voluntary" tenant relocation. The private landlord-tenant agreement may be lucrative to the individuals involved, but it results in an almost undetectable loss of an affordable rental unit.

Gullicksen says it’s impossible to determine how many tenants relocate due to buyouts on a citywide level, but about 60 people seek help with one at the Tenants Union every month. Most tell a similar tale: A developer or landlord will offer between $2,000 and $60,000 to tenants to voluntarily vacate. The tenant may ask for a higher sum, and they’ll negotiate back and forth. Eventually, the tenant may be either bought out or evicted.

"It’s a game of chicken, really," Gullicksen says.

The loss of rental units at the hands of TICs or buyouts is not a small matter in a city where two-thirds of residents are renters (on the national level only 34 percent of housing units were rentals in the year 2000), and there is already a shortage of affordable housing.

US Census data show that San Francisco lost 18,474 rental-occupied housing units between 2000 and 2006. And the city isn’t doing much to plug the drain. According to the Planning Department, 13,795 new units have been built and ready for occupancy since 2000, and approximately 12,600 of those are condominiums.

Although the terms "TIC" and "condo" are often used interchangeably, they’re legally different. TICs follow a shared-homeownership model involving one deed and multiple live-in shareholders. They aren’t registered or restricted by the city, whereas condominium conversions are capped at 200 a year. Most notable is the price differential: TICs go for about $200,000 less than a median-priced condominium in San Francisco, which currently runs at $783,000, according to the San Francisco Association of Realtors.

TIC owners typically buy in hoping to raise their property’s value by eventually converting their units to condos through the city’s lottery system. Proponents call TICs one of the city’s only affordable homeownership options. Critics call them a loophole in condo conversion restriction laws.

Radhi Ahern, managing partner and broker at the TIC Group, doesn’t apologize for buyouts to make room for TICs. She acknowledges that TICs are obtained through financial negotiations with tenants.

"It’s the tenant’s choice on whether they get a buyout or don’t take a buyout. And it’s sometimes very lucrative," Ahern says from her spacious Union Street office. "I can honestly say nobody’s given me $25,000 to $50,000 to move into a place…. It’s a win-win situation."

A number of recent changes have increased TICs’ popularity, Ahern says. At first they were financially risky — with multiple people on one mortgage, everyone is affected if one defaults. But in recent years banks have taken on more responsibility through individualized loans to TIC owners. Ahern adds that there are virtually no foreclosures on TICs.

"With the advent of fractional financing, we’re going to see more and more people adopting TICs, just like co-ops were adopted in NYC," Ahern says.

In a city where about 90 percent of residents can’t afford a median-priced home, TICs are lifesavers to people like Scott Ozawa. The recently divorced 31-year-old father of two toddlers makes six figures at a dot-com but says buying into a Western Addition TIC was the only way he could own the home he wanted in San Francisco. Evictions shouldn’t be blamed on TIC owners, he says, but on the city’s faulty housing system and lack of new development.

"The lower-income and the middle-income folks are all vying for the same resources," Ozawa says. "But middle-income folks have more options that are open to them."

Meanwhile, Moran and her family plan to stay in the rent-controlled apartment she has lived in for 35 years and might have to fight an unlawful-detainer order in court this month. She says she likes her place — the neighbors all know one another, she’s close to transit, and her apartment’s thick walls offer protection from earthquakes. The family pays only $507 per month, less than one-fifth the average rate for a two-bedroom apartment in San Francisco, according to the Tenants Union.

In September the Morans and other tenants at their apartment held a support rally outside their building, catering it with sandwiches and juice they prepared. Four elderly female tenants lined up on the front steps, taking turns speaking to the few dozen onlookers. Moran’s upstairs neighbor took out her oxygen tube to speak into a bullhorn. Moran stood beside her, later clapping along to a guitar-strumming activist singing, "Yuppie, yuppie stole my pad! Yuppie, yuppie, bad, bad, bad." As she smiled and mouthed the words in a language she doesn’t speak, a young couple wearing bandannas and carrying what looked like art supplies exited the building next door. They glanced toward the crowd with confused, down-turned brows but didn’t break their stride as they walked off the steps in the opposite direction.

Housing reform, now

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OPINION The Board of Supervisors is poised to vote on a crucial charter amendment to set aside more than $30 million per year for new housing. Since the mayor is talking about a huge budget crisis and a lot of people may complain that more funding for affordable housing will make the flow of red ink worse, it’s important to understand what this issue is all about.

While many of us are aware of the exodus of working-class people, most San Franciscans are unaware that the city is in the final stages of the largest rezoning effort of the past 50 years. The Eastern Neighborhoods plans will set new land-use rules for the Mission District, eastern SoMa, Potrero, the Central Waterfront, and parts of Bayview.

Those areas are going to be opened up to vast new developments, including as many as 20,000 new housing units and tens of thousands of square feet of new commercial development. I can think of no greater opportunity — nor any greater potential disaster — than the Eastern Neighborhoods rezoning effort.

Opening up the Eastern Neighborhoods for new housing without a commitment from the city to provide more resources for affordable units will guarantee that the new neighborhoods will exclude working-class residents and exacerbate the affordable-housing crisis in San Francisco for years to come.

In the Mission and many other districts, despite the cry for more affordable housing, the city has not prioritized housing for working-class San Franciscans. We hear a lot of talk from city hall, but in reality most of the new housing that gets built is far too expensive for most residents. This is a huge crisis — and the charter amendment will finally give affordable housing its rightful attention from the city.

We can’t accept a plan that relies only on the market to produce and fund some affordable housing. We’ve seen what that means: for more than seven years, while the community has waited for the Eastern Neighborhoods plans to be completed, housing for the wealthy has been built and housing for everyone else has been an afterthought. The Board of Supervisors has set an ambitious goal — 60 percent of all new housing should be below market rate — but the Planning Department and the Mayor’s Office of Housing have failed to produce a comprehensive strategy to meet that target.

So despite the budget crisis, the timing of the Affordable Housing Charter Amendment could not be any better. A measure that designates a significant amount of money every year for housing for working-class San Franciscans can finally bring accountability and a commitment from the city to build and retain affordable housing and plan for inclusive new neighborhoods.

We can’t sit idly by while the disparities widen between rich and poor, whites and people of color — or we will wake up 15 years from now and see the result, the continued exodus of working-class families and other lower-income communities. San Francisco is the only city I know of whose Latino population is stagnant and whose African American population is declining. The time to act is now. The Board of Supervisors should approve the Affordable Housing Charter Amendment, making it one of the key issues in 2008 for San Franciscan progressives.

Eric Quezada

Eric Quezada is the executive director of Dolores Street Community Services and a candidate for District 9 supervisor.

Some hope for the UC site

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EDITORIAL State senator Carole Migden has stepped into the battle over a 440-unit housing development on the old University of California Extension site, and that creates some promise that the project can be taken off the fast track. State intervention may be critical; the university, which has a record of ignoring local land-use policies, wants developer A.F. Evans to get the project moving forward by the end of 2007, which has driven the San Francisco Planning Commission to schedule a Dec. 20 decision on the project’s environmental impact report. Migden, who isn’t afraid to play hardball, is contacting university officials to let them know she wants the EIR and the project approval delayed until city officials can negotiate a better deal for affordable housing.

Meanwhile, Sup. Ross Mirkarimi is demanding that the developer double the amount of below-market housing.

Mirkarimi and Migden are absolutely right here: the project site is public land that’s being turned over to a private developer for private use — and the city could be getting a much better deal. Evans is offering to set aside just 20 percent of the units for people who aren’t rich — and that’s nowhere near enough to justify turning over public land. Part of the fault lies with the UC, which wants Evans to pay a stiff fee for the use of the land; that’s something Migden ought to press university officials to reconsider.

In the meantime, the Planning Commission should take the EIR off the December calendar and give everyone involved some more time to negotiate.

Nog on the noggin

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>culture@sfbg.com

For a drink that holds as much tradition as it does taste, one might think an integral part of the eggnog experience would be gathering around a pot and stirring up this year’s batch. For most, though, the experience comes from throwing a carton in your shopping cart and popping it open later that night. This year I figured, if I’m not making it myself, I should at least find out who was – and who was doing it best.

Straus Family Creamery Organic Eggnog www.strausfamilycreamery.com

If you woke up one morning and McDonald’s food was healthy and local, made only by well-paid workers, outside on warm days, would it still have that lingering gross taste? Or is that just a function of knowing about its production line? This is what I began to wonder when I learned about the Marin County creamery’s eggnog, which tastes like a rich, decadent McDonald’s treat but is also made with only four ingredients, all organic. (Unfortunately, the over-crisp nutmeg and yolk flavors also make it hard to drink more than a glass or two.)

The handsome, if not too wholesome, president of the company, Albert Straus, said coming up with his special recipe was simply a matter of trial and error. He tried a few variations of the basic ingredients – sugar, egg, milk, and nutmeg – in the company’s test kitchen. Once he found the right combination, he asked California Custom Fruit in Irwindale to make a concentrate, which Straus Family Creamery then adds to their milk.

Clover-Stornetta Organic Eggnog www.cloverstornetta.com

In the late seventies, says Herm Benedetti, Clover-Stornetta whipped up eggnog for friends and close customers, spiking it with bourbon. “People loved getting it”, says Benedetti, director of Product Research & Development and one of the sons of the company founder. But liability issues forced the Petaluma-based company to stop serving the alcoholic concoction.

Four years ago, though, Clover-Stornetta was finally able to source the ingredients to make an organic eggnog. The first test batch was too sweet and the second too flavorful, said Benedetti. But like the Goldilocks story, the third was just right. “We felt we had a winner,” he said. “So we stuck with it.”
Eggnogs are required by law to have six percent milkfat, and Benedetti’s version lets you taste it. The yolk and nutmeg are soft complements to a drink that makes you think you’re sucking down the middle of a huge Oreo. In fact, the greatest flaw of this eggnog, my favorite in the list, might be this eminent creamy drinkability. After all, if eggnog were supposed to be so drinkable, it wouldn’t be around just two months a year.

Organic Valley Eggnog www.organicvalley.coop

Maged Latif, Director of Research and Development for Organic Valley Coop, says the Flavor Order Profile for his eggnog starts with sugar and ends with nutmeg. It took Organic Valley 12 months to get the recipe right right, including time for market feedback research.

When I sipped it, I felt the egg flavor came first, followed quickly by a cream-brigade that put out the sweetened yolk taste before it got gross. The nutmeg came somewhere in between. But both Latif and Emily Strickler, Fluid Category Associate, are proudest of the nutmeg.

“What makes ours unique is that we don’t add [fake] nutmeg flavor,” Latif said. Strickler agreed, “We pride ourselves on our nutmeg flavor profile.” Because Organic Valley is a countrywide coop of farmers, including many in the Bay Area, eggnog provided the company with a great way to use more of the farms’ resources. “[It offered us] great synergy between poultry farmers where get our eggs with our dairy farmers,” said Latif.

Modern art infiltrates Presidio

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mn_presidio04_ph.jpg

This is what happens when you privatize a public asset. It’s hard to imagine that the spirit of the Presidio Trust Act would have allowed for this kind of new construction in a National Park, where the emphasis is supposed to be the preservation of the natural environment and historic uses of the 1,491 acres. Where does contemporary art owned by Gap founder Don Fisher fit into that mandate?

This new structure, to house Fisher’s private art collection, is slated for the Main Post, the historic parade ground of the old army base, where several stately brick buildings now sit empty. The Trust Act, under section104(c) does state that new construction in the park should be “limited to replacement of existing structures of similar size in existing areas of development.” Nothing on shoebox aesthetics there, and this new museum doesn’t offer a way to rehabilitate the aging structures that would surround it, which is part of the Trust’s Management Plan.

A meeting will be held tonight, 6:30 at the Officer’s Club in the Presidio, to discuss the Fishers’ proposal and a competing plan for a history museum from the Presidio Historical Association. At least their proposal actually has something to do with the park.

Question of intent

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› sarah@sfbg.com

Sen. Dianne Feinstein, former mayor Willie Brown, Sup. Sophie Maxwell, and Mayor Gavin Newsom in recent weeks have come out in support of a proposed ballot measure that would allow Lennar Corp. to develop thousands of new homes at Candlestick Point, create 350 acres of parks, and possibly build a new 49ers stadium at Hunters Point Shipyard.

The campaign for the Bayview Jobs, Parks and Housing Initiative just launched its signature drive, but the measure should qualify relatively easily for the June 2008 election, given new low signature thresholds and the campaign’s powerful backers.

The measure would give Lennar, which is also involved in Treasure Island and much of the Bayview–Hunters Point redevelopment area, even more control over San Francisco’s biggest chunks of developable land.

But should San Franciscans really reward Lennar with more land and responsibilities when the financially troubled Florida developer has a track record in San Francisco and elsewhere of failing to live up to its promises, exposing vulnerable citizens to asbestos dust, and using deceptive public relations campaigns to gloss over its misdeeds?

As the Guardian has been reporting since early this year (see "The Corporation That Ate San Francisco," 3/14/07), Lennar failed to monitor and control the dust from naturally occurring asbestos while grading a hilltop in preparation for building condominiums on Parcel A of the former Hunters Point Naval Shipyard.

Last month the Bay Area Air Quality Management District’s Board of Directors asked staff to pursue the maximum fines possible for Lennar’s violations, which could run into millions of dollars, particularly if they are found to be the result of willful or negligent behavior.

"It’s clear to everyone in the agency that this case needs to be handled well," BAAQMD spokesperson Karen Schkolnick told the Guardian. "It’s in everyone’s interest, certainly the community’s, to get resolution."

The air district gives parties to whom it issues a warning three years to settle the matter before it goes to court. Lennar officials have publicly blamed subcontractors for failing to control dust and leaving air-monitoring equipment with dead batteries for months on end, but the BAAQMD is treating Lennar as the responsible party.

"It’s air district policy to deal with the primary contractor, which in this case is Lennar, although additional parties may be held liable," Schkolnick said.

Accusations of willful negligence also lie at the heart of a Proposition 65 lawsuit that was filed against Lennar for alleged failures to warn the community of exposure to asbestos, a known carcinogen (see Green City, 8/29/07).

Filed by the Center for Self Improvement, the nonprofit that runs the Muhammad University of Islam, which is next to Parcel A, the suit alleges that the construction activities of Lennar and subcontractor Gordon N. Ball "caused thousands of Californians to be involuntarily and unwittingly exposed to asbestos on a daily basis without the defendants first providing the adjacent community and persons working at the site with the toxic health hazard warnings."

Now fresh evidence from another whistle-blower lawsuit filed by three Lennar employees (see "Dust Still Settling," 3/28/07) shows that higher-ups within Lennar reprimanded and reassigned a subordinate who told subcontractors to comply with mandated plans or face an immediate suspension of construction activities at the Parcel A site.

In an April 21, 2006, BlackBerry message that was copied to Lennar Urban senior vice president Paul Menaker and other top Lennar executives, Lennar Urban’s regional vice president Kofi Bonner wrote to Gary McIntyre, Lennar/BVHP’s Hunters Point Shipyard Project manager, "Gary why do you insist on sending threatening emails to the contractor. If you can no longer communicate directly without the threat of a shutdown … perhaps we should find another area of responsibility for you to oversee. Such emails should only be sent as documentation of [a] conversation."

McIntyre says he was just trying to do his job, which involved ensuring that subcontractors abided by the long list of special health and safety criteria that were developed for this particularly hazardous work site, located in an area long plagued by environmental injustice.

The shipyard is a Superfund site filled with toxic chemicals, and although the 63-acre Parcel A had been cleaned up enough to be certified for residential development, it sits atop a serpentine hill full of naturally occurring asbestos, a potent carcinogen. So the Department of Public Health and the BAAQMD both insisted on a strict plan for controlling dust, which Lennar used to sell the community on the project’s safety.

Yet when McIntyre began insisting in writing that Lennar and its subcontractors adhere carefully to those rules, he was removed from his job. In a work evaluation signed Oct. 17, 2006, Menaker described McIntyre as "a good company spokesperson as it relates to Hunters Point Shipyard" but claimed that he required major improvement in his leadership and communication skills.

"As a manager, he needs to focus on achieving his ultimate mission, rather than focusing on details. Poor communication skills have led to incomplete and often incorrect information being disseminated," Menaker wrote.

The ultimate mission for Lennar — which has seen its stock tank this year as it’s been roiled by a crisis in the housing market — was to get Parcel A built with a minimum of problems and delays. And as concerns about its behavior arose, its communication strategy seemed to be more concerned with positive spin and tapping testimony from financial partners than with putting out a complete and correct view of what was happening.

Whether or not McIntyre was a good Lennar employee, he was at least trying to do right by the community, as records obtained through the lawsuit’s discovery process show. As McIntyre wrote in a three-page response to Menaker’s evaluation, "Our BVHP Naval Shipyard project has unique environmental requirements and compliance therewith is mandatory."

But the record is clear that Lennar didn’t comply with its promises, raising serious questions about a company that wants to take over development of the rest of this toxic yet politically, socially, and economically important site.

BUYING ALLIES


So who is really behind the Bayview Jobs, Parks and Housing Initiative, which does not even have the support of the 49ers, who say they’d rather be in Santa Clara?

The measure was submitted by the African American Community Revitalization Consortium, which describes itself as "a group of area churches, organizations, residents and local merchants, working to improve Bayview Hunters Point." Yet this group is backed by Lennar and draws its members from among those with a personal financial stake in the company’s San Francisco projects.

AACRC founders Rev. Arelious Walker of the True Hope Church of God in Christ in Hunters Point and Rev. J. Edgar Boyd of the Bethel African Methodist Episcopal Church of San Francisco are both members of Tabernacle Affiliated Developers, one of four Bayview–Hunters Point community builders who entered into a joint venture with Lennar/BVHP to build 30 percent of Lennar’s for-sale units at Parcel A. TAD is building the affordable units while Lennar develops the market-rate homes.

Neither Walker nor Boyd disclosed this conflict of interest at a July 31 Board of Supervisors hearing where they and the busloads of people Lennar helped ferry to City Hall created the illusion that the community was more concerned about keeping work going on Parcel A than temporarily shutting down the site while the health concerns of people in the Bayview were addressed.

Referring to reports from the city’s Department of Public Health, which claimed that there is no evidence that asbestos dust generated by the grading poses a threat to human health, Walker and Boyd warned that even a temporary shutdown of Lennar’s Parcel A site would adversely affect an already economically disadvantaged community. There is no way to test for whether someone has inhaled asbestos that could pose long-term risks, and Lennar supporters have used that void to claim all is well.

But even if community benefits such as home-building contracts, better parks, and job training opportunities do trickle down to Bayview–Hunters Point residents, will those opportunities outweigh the risk of doing business with a company that has endangered public health, has created deep divisions within an already stressed community, and is struggling financially?

In a recent interview with the Guardian, Minister Christopher Muhammad, whose Nation of Islam–affiliated nonprofit filed the Prop. 65 suit "individually and on behalf of the general public," described Lennar as "a rogue company that can’t be trusted."

"I’m concerned about the health of the community, as well as the other schools that border the shipyard," Muhammad said. "Our contention is that Lennar purposefully turned the monitors off. If you read the air district’s asbestos-dust mitigation plan, it appears that there was a way to do this grading safely. And the community went along with it. The problem was that Lennar was looking at their bottom line and violated every agreement. They threw the precautionary principle to the wind, literally. And the city looked the other way."

And even if Rev. Walker truly believes the June 2008 Bayview ballot measure is "a chance for all of us to move forward together," does it make financial sense, against the backdrop of a nationwide mortgage meltdown, to give Lennar permission to build thousands of homes at Candlestick Point when this measure doesn’t even specify what percentage of the 8,000 to 10,000 proposed new units would be rented or sold at below-market rates?

Lennar/BVHP has already reneged on promises to build rental units at its Parcel A site, and on Aug. 31, Lennar Corp., which is headquartered in Miami Beach, Fla., reported a third-quarter net loss of $513.9 million, compared to third-quarter net earnings of $206.7 million in 2006. Its stock continues to tumble, hitting a 52-week low of $14.50 per share on Nov. 26, down from a 52-week high of $56.54.

On Nov. 2, Reuters reported that Standard and Poor’s had cut Lennar’s debt rating to a junk-bond level "BB-plus" because of Lennar’s "exposure to oversupplied housing markets in California and Florida." And on Nov. 16 the Orange County Register reported that Lennar is shelving a condominium-retail complex in Long Beach and keeping high-rise condos it built in Anaheim vacant until the housing market bounces back.

Redevelopment Agency executive director Fred Blackwell, who was hired Aug. 30, told us his agency’s deposition and development agreement with Lennar wouldn’t let the company indefinitely mothball its housing units: "The DDA gives Lennar and the vertical developers the option to lease the for-sale units for one year, prior to their sale."

While the agency has been criticized for failing to do anything about Lennar’s problems on Parcel A and letting the company out of its obligation to build rental units, Blackwell said it is able to hold Lennar accountable.

"I feel like the DDA gives us all the tools we need," Blackwell told us. "We have opportunities to ‘cure’ whatever the contractor’s default is, but we can’t just arbitrarily shut things down."

But many in the community aren’t convinced. With the grim housing picture and the 49ers saying they’d rather be in Santa Clara, the only certain outcome from passage of this ballot measure would seem to be a mandate for the city to turn over valuable public lands and devote millions of dollars in scarce affording-housing funds to subsidize the ambitions of a corporation with a dubious track record that is actively resisting public accountability.

True, Lennar has promised to rebuild the Alice B. Griffith public housing project without dislocating any residents, and the measure also allows for the creation of 350 acres of parks and open spaces, 700,000 square feet of retail stores, two million square feet of office space, and improved transit routes and shoreline trails.

But although the rest of the shipyard is contaminated with a long list of human-made toxins, would passage of the initiative mean an early transfer of the shipyard from the Navy to the city and Lennar? And with that shift, the requirement that we put even more faith in this corporation’s ability to safely manage the project?

In October, Newsom, who was running for reelection at the time, told the Guardian he was worried about Lennar’s ability to follow through on "prescriptive goals and honor their commitments."

"We have to hold them accountable," Newsom told us. "They need to do what they say they’re going to do. We need to hold them to these commitments."

But how exactly is the mayor holding Lennar accountable?

In March, when the Guardian asked Newsom’s office if he intended, in light of Lennar’s Parcel A failures, to push ahead with plans to make Lennar the master developer for the 49ers stadium and Candlestick Point, the Mayor’s Office of Communications replied by referring us to Sam Singer, who has been on Lennar’s PR payroll for years.

On Nov. 18 the Chronicle reported that Singer was on the campaign team for the Bayview ballot initiative, along with former 49ers executive Carmen Policy, Newsom’s campaign manager and chief political consultant Eric Jaye, Newsom’s former campaign manager Alex Tourk, political consultant Jim Stearns, and political advertising firm Terris, Barnes and Walters, which worked on the 1997 49ers stadium bond and the 1996 measure for the Giants’ ballpark, both approved by voters.

In recent months Lennar has asked the Guardian to send questions to its latest PR flack, Lance Ignon, rather than Singer. In reply to our latest round of queries, about lawsuits and air district violations, Ignon forwarded us the following statement: "The record is abundantly clear that at each and every stage of the redevelopment process, Lennar has been guided by a commitment to protecting the health and safety of the Bayview–Hunters Point community. Lennar has fully cooperated with all relevant regulatory agencies and public health professionals to determine whether grading operations at the Shipyard pose a health threat to local residents. After months of exhaustive analysis, numerous different health experts — including [the Agency for Toxic Substances and Disease Registry] — concluded that the naturally occurring asbestos did not present a serious long-term health risk. Lennar will continue to work with the San Francisco Department of Public Health and other regulatory agencies to ensure the health of the community remains safeguarded."

Actually, the ATSDR report wasn’t quite that conclusive. It took issue with the faulty dust monitoring equipment at Parcel A and noted that exposure-level thresholds for the project were derived from industrial standards for workers who wear protective gear and don’t have all-day exposure. "However, there are studies in the scientific literature in which long term lower level/non-occupational exposures (from take home exposures and other areas of the world where naturally occurring asbestos occur) caused a low but epidemiologically detectable excess risk of mesothelioma," the ATSDR-DPH report observes.

It’s not surprising to see Lennar gloss over issues of liability, but it’s curious that Newsom and other top officials are so eager to push a proposal that would give Lennar control of Candlestick Point and perhaps result in a 49ers stadium on a federal Superfund site — without first demanding a full and public investigation of how the developers could have so miserably failed to enforce mandatory plans at Parcel A.

This fall the Newsom administration was peeved when the San Francisco Board of Education, which includes Newsom’s education advisor Hydra Mendoza, and the Youth Commission unanimously called for a temporary shutdown of Lennar’s Parcel A site until community health issues are addressed.

These demands were largely symbolic, since major grading at the site is complete, but the Mayor’s Office shot back with a Nov. 2 memo including the request that city department heads and commissions follow the example of the Hunters Point Shipyard Citizens Advisory Committee and the Bayview Project Area Committee, which have said they won’t hear further testimony on the dust issue "unless and until credible scientific evidence is presented to contradict the conclusions of the DPH, CDPH, UCSF and others that the construction dust at the Shipyard had not created a long-term or serious health risk."

Such complex points and counterpoints have been like dust in the air, preventing the public from getting a clear picture of what’s important or what’s happened at the site. But a careful review of the public record shows that, at the very least, Lennar has failed to live up to its promises.

PAPER TRAIL


As records obtained through a whistle-blower lawsuit’s discovery process show, Lennar employee McIntyre was reprimanded for e-mailing a group of Lennar subcontractors including Gordon N. Ball, Luster National, and Ghirardelli Associates and demanding that their traffic-control plan implementation be in place before Gordon Ball/Yerba Buena Engineering Joint Venture "begin using (oversize construction equipment) scrapers or articuutf8g trucks on Crisp Road."

In court depositions, Menaker, who became McIntyre’s supervisor in April 2006, claimed he "never told McIntyre that he should not raise issues related to what he perceived to be deficiencies in Gordon Ball’s dust control measures.

"Rather, I repeatedly advised him that management by e-mail would not accomplish the goal of improving Gordon Ball’s performance and that he needed to communicate with Gordon Ball and others on the project in a more effective fashion. As a result of my observations of his job performance and the feedback from others … on Aug. 1, 2006, we brought in other professionals to assist with duties initially assigned to McIntyre."

But public records reveal that things continued to go awry at the site, long after the bulk of McIntyre’s construction field-management duties were transferred to David Wilkins, an employee of Lennar subcontractor Luster National.

According to a report filed by the city’s Department of Health, on July 7, 2006, the DPH’s Amy Brownell drove to the Lennar trailers and informed McIntye that Lennar was in violation of Article 31, the city’s construction-dust ordinance, after she observed numerous trucks generating "a significant amount of dust that was then carried by the wind across the property line." She even observed a water truck on the haul road doing the same thing as it watered the road.

On Aug. 9 — eight days after McIntyre was relieved of his field-construction management duties and seven days after Lennar declared it could not verify any of its air district–mandated asbestos-monitoring data — Brownell drove to the Lennar trailers and spoke with McIntyre’s successor, Wilkins, about dust problems generated by hillside grading, haul trucks, and an excavator loading soil into articulated trucks.

"Every time [the excavator] dumped the soil into the trucks, it created a small cloud of visible dust that crossed the project site boundary. There was no attempt to control the generation of dust," Brownell observed in her Aug. 9, 2006, inspection notes.

On Sept. 21, seven weeks after McIntyre’s transfer, Brownell issued Lennar an amended notice of violation when it came to her attention that construction-dust monitors hadn’t been in place for the first two months of heavy grading.

On Dec. 8, 2006, five months after McIntyre’s reassignment, Lennar got slapped with another violation after DPH industrial hygienist Peter Wilsey observed on Nov. 30, 2006, that "dust from the work, particularly from the trucks on the haul road, was crossing the property boundary."

And on Aug. 17, a year after McIntyre left, the DPH issued Lennar its most recent violation for not controlling dust properly. But this time the notice included a 48-hour work suspension period to establish a dust-control plan monitor to be supervised by DPH staff, with costs billed to Lennar.

"The issuance of notices of violations shows the regulatory system is working," Brownell told the Guardian. "Dust control on a gigantic project like this is a continuous, everyday process that every single contractor has to do properly. That’s Lennar’s issue and problem. At DPH, we feel we have enough tools to do inspections, which Lennar gets billed for. And if they violate our requirements again, we’ll shut them down again. Or fine them."

So far, the DPH has not chosen to fine Lennar for any of its Parcel A dust violations.

"We considered it for this last violation but decided that shutting them down for two days was penalty enough," Brownell says, adding that while she’d "never just rely on air monitors, a monitor helps when you’re having problems with dust control, because then you can say, ‘Here’s scientific proof.’<0x2009>"

And scientific proof, in the form of monitoring data during the long, hot, and dusty summer of 2006, would likely have triggered numerous costly work slowdowns and stoppages. According to a memo marked "confidential" that the Guardian unearthed in the air district’s files, Lennar stated, "It costs approximately $40,000 a day to stop grading and construction" and "Gordon Ball would have to idle about 26 employees at the site, and employees tend to look for other work when the work is not consistent."

After Rev. Muhammad began to raise a storm about dust violations next to his nonprofit Muhammad University of Islam, Lennar Urban senior vice president Menaker accused him of being a "shakedown artist" when he refused an offer to temporarily relocate the school.

But Muhammad told the Guardian he refused the offer "because I didn’t want the school to be bounced around like a political football. And because I was concerned about the rest of the community."

Muhammad said he’s trying to sound the alarm about Lennar before it takes over all of Hunters and Candlestick points. As he told us, "This city is selling its birthright to a rogue company."

TRIGGER TIME


So what does the BAAQMD intend to do about Lennar’s enforcement record past, present, and future?

At an Oct. 29 hearing on asbestos dust, the BAAQMD Board of Directors unanimously instructed staff to pursue the maximum fines possible for Lennar’s Parcel A violations.

Air district staff tried to reassure the public that the "action levels" the BAAQMD set at the shipyard are health protective and provide a significant margin of safety.

Health impacts from unmonitored exposures, BAAQMD staffer Kelly Wee said, "are well within the guidelines," claiming a "one in three million" chance of developing asbestos-related diseases.

BAAQMD board member Sup. Chris Daly, who as a member of the Board of Supervisors voted July 31 to urge a temporary shutdown of Lennar’s Parcel A site, praised the air district for "moving forward with very conservative action levels.

"But these levels are political calls that are not necessarily scientific or health based," Daly added. "The initial violation, the one that, according to Lennar, CH2M Hill is responsible for, we don’t know what those levels of asbestos were, and that’s when the most significant grading occurred.

"The World Health Organization and [Occupational Safety and Health Administration] scientists are very clear that any level of exposure to asbestos comes with an increased health risk, and if you are already exposed to multiple sources, this becomes more serious," he said, referring to the freeways, power plants, sewage treatments plants, and substandard housing that blight the community, along with the area’s relatively high rate of smoking.

The BAAQMD’s Wee told the organization’s board that Lennar did not conduct proper oversight of its contractors and did not properly document the flow of air through its monitors but did discover and report its lapses in August 2006.

"Lennar exceeded the air district’s work shutdown level on at least 23 days in the post–Aug. 1, 2006, period, which is when the developer was monitoring asbestos dust," Wee observed, noting that the air district has two additional notices of violation pending against Lennar for 2007: one for overfilling dump trucks, the other for failing to maintain enough gravel on truck-wheel wash pads.

BAAQMD spokesperson Schkolnick later confirmed to the Guardian that the air district issued Lennar a notice of violation on Oct. 26 for failing to control naturally occurring asbestos at Parcel A, where grading is finished, but Lennar subcontractor Ranger is digging up the earth again to lay pipes.

"It’s time for the board to make sure the air district is as aggressive as possible to protect residents and sensitive receptors," Daly said. "Asbestos is carcinogenic. The state and federal government knows it. That was why there was an asbestos-dust mitigation plan. The air district asked for air monitoring because of the site’s proximity to a school. The air monitors were sold not just to the city but to the public as the major safeguards to the community, especially sensitive receptors, but during the most gigantic grading period and perhaps the most gigantic exposures, we don’t know what the levels of asbestos were."

Fellow BAAQMD board member Sup. Jake McGoldrick, who was a key swing vote against urging a Lennar work stoppage at the Board of Supervisors meeting in July, is now joining Daly in demanding full enforcement of the law.

"The July 31 resolution had no way to force Lennar or the SFRA to do anything," McGoldrick told the Guardian, explaining why he’s now taking a stronger stance. "It seemed that we’d reached the conclusion that the community didn’t want to shut down the project, since it included 31 percent affordable housing, and that the work was essential in terns of revitalizing the area and that the evidence presented seemed to show that everything is now under control."

But because the coalition of Lennar supporters — who didn’t mention they are on Lennar’s payroll until after the July 31 resolution failed — is now pushing a ballot measure to vastly expand Lennar’s control in our city, McGoldrick is demanding answers and accountability.

"We want to look into whether Lennar screwed up deliberately, and if so, fine them to the hilt," McGoldrick said. "But let’s get the project on Parcel A going, because the grading has been completed and it will be beneficial to the community."

McGoldrick claimed that in July he and Daly knew they had an air district hearing coming.

"And we knew where the strongest action could be taken in terms of sticking it to Lennar and showing them we won’t just be looking over your shoulder, we’ll be standing on it," McGoldrick told us.

"A fine means we have warned you — and we’ve got a gun to your head. It means if you don’t act properly, we can pull the trigger," McGoldrick said, noting that at the time of the July 31 vote the Parcel A grading was essentially done and no one could present any solid evidence that the public health had been harmed.

"So now the question is: did you or did you not do this? [A maximum fine of] $75,000 a day for 383 days, even if it’s not a lot of money to Lennar — it’s a lot of embarrassment," McGoldrick said.

But if Lennar tries to delay settling with the air district to avoid fines until after the June 2008 election, will its perceived unwillingness to face consequences backfire at the ballot box — and soil Newsom’s reputation as a great environmentalist in the process?

As McGoldrick observed, "Some of us are having serious second thoughts about going forward with Lennar. Our feeling is, you should sit down and cooperate with the air district and settle this thing with them. And you know darn well that we are standing there, ready to pull the trigger."

He framed the issue this way: "We’re saying to the Mayor’s Office, you guys have a responsibility [to ensure Lennar is accountable] before you give them another 350 acres — on top of the 63 acres they already have — just to save the mayor’s butt, since he blew it with the Olympics and the 49ers."

LENNAR BY THE NUMBERS

Number of days Lennar Corp. had been in violation of air district monitoring rules, according to the Sept. 6, 2006, citation: 383

Fine, per day, for vioutf8g the air district’s plan: $1,000–$75,000, depending on intent

Maximum fine Lennar faces: $28.7 million

Fine, per day, for vioutf8g the city’s construction-dust plan: $5,000

Number of cited violations of city’s construction-dust control plan: 5

Daily cost Lennar claims for stopping work at Parcel A: $40,000

Amount Lennar paid subcontractors for grading Parcel A: $19.5 million

Amount Lennar paid Sam Singer Associates for public relations work in 2005: $752,875

Amount Lennar paid CH2M Hill for environmental consulting work: $445,444

Parcel A acreage: 63

Acreage Lennar controls on Treasure Island: 508

Percentage of rental units promised at Treasure Island and Yerba Buena Island: 27

Number of rental units Lennar is building at Parcel A: 0

Acreage in the Bayview Jobs, Parks and Housing Initiative: 780

Number of rental or below-market-rate homes in Bayview initiative: Unknown

Lennar’s share price Nov. 26: $14.50 (a 52-week low)

Lennar’s stock’s 52-week high: $56.54

Editor’s Notes

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› tredmond@sfbg.com

Asbestos is nasty stuff. It’s the scariest kind of environmental contaminant: you often can’t see it, you can’t smell it, you can’t taste it, it hangs around for a while, and it’s hard to get rid of. Asbestos fibers are tiny, invisible to the naked eye — and once they get in the air, they don’t tend to settle quickly. A single fiber can take eight hours to fall six feet in utterly still air; with the wind blowing, the stuff can float around for days or weeks. If you inhale it, you don’t typically notice, and there’s no easy test for exposure. But it sticks around in your lungs forever and can cause cancer and other deadly diseases 10 or 20 years down the road.

At that point, of course, it’s nearly impossible to prove exactly where and when you were exposed.

I learned all of this years ago when I was writing about asbestos contamination in the San Francisco public schools. For years the stuff was used as insulation (and as linings in automotive brake pads), and for good reason: it’s essentially a rock that you can weave into something resembling cloth. And because it’s a rock, it’s tough and doesn’t burn. Of course, when the insulation coverings get old, as they did in the schools, and the asbestos starts to leak out, you have a public health emergency of such major proportions that schools have to be shut down and lots of expensive, difficult remediation work done.

Now there’s another asbestos story in San Francisco, and it’s a more tricky one: Lennar Corp., which has the master redevelopment contract in Bayview–Hunters Point, has been digging up an area that’s full of naturally occurring asbestos. The area badly needs economic development, so it’s harsh to ban any type of construction there. And I think it’s possible to build safely in the area — but it’s complicated and expensive, and since there are residents (and schoolkids) nearby, there’s zero margin for error. You have to be willing (or forced) to watch every whiff of dust, to monitor the air with sophisticated equipment — and to shut down work the moment it appears that the dust isn’t being or can’t be controlled.

That doesn’t mesh well with a financially troubled company that is trying desperately to avoid costly construction delays.

As Sarah Phelan reports on page 16, a Lennar manager who was threatening to shut down work because subcontractors weren’t controlling asbestos-laden dust was fired and is now suing. The Bay Area Air Quality Management District is threatening multimillion-dollar fines. Yet Lennar is still complaining that any effort to shut down the site, even for short periods of time, would be unfair — because, the company says in a confidential memo, that would cost $40,000 a day.

This doesn’t sound like a company that can be trusted — yet Mayor Gavin Newsom now wants to give the outfit even more public land. A measure headed for the June 2008 ballot would allow Lennar to develop thousands of homes at Candlestick Point — and possibly build a new stadium for the 49ers. The stadium deal is pure political bullshit; Newsom doesn’t want to be accused of "losing" the local football team, so he’ll toss whatever public cash he can scrape up in the Niners’ direction. But the team wants to leave, the stadium does little for the neighborhood economy, and Lennar is going to keep cutting corners (and public safety) to improve its bottom line.

Sounds like a bad deal to me.

Slow down the Laguna project

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EDITORIAL The 440-unit housing development slated for the Laguna Street site of the old UC Berkeley Extension campus is suddenly on the fast track. The Planning Department has calendared a vote on the project for Dec. 20 in what appears to be a desperate effort to get it approved before the end of the year. That may be in the interests of developer A.F. Evans, but it’s not in the interests of San Francisco, and the commissioners should be in no rush to go along.

This isn’t a typical commercial project: the land has been in the public sector for a century and has always been used for public projects. Until the 1950s it was home to San Francisco State University, and it became a UC campus in 1958. Turning public land over for private use should raise alarms anywhere, and in the middle of a dense city, where public land is scarce and affordable housing desperately needed, those alarms ought to be ringing loud and long.

In this case Evans has done a brilliant bit of political maneuvering: the market-rate housing project is paired with an 80-unit development that will be designed as retirement housing for queer seniors. That’s clearly something the city needs, and that aspect of the plan has won widespread support — and helped divert or eliminate opposition to the overall project.

But there are real issues here. For one thing, Evans plans to tear down two historic buildings (while saving three others). That was a compromise the Board of Supervisors accepted in August, but we still find it dubious. We also find dubious the notion that the developer will create public space by reopening a section of Waller Street — a public thoroughfare — that was part of the old campus.

The biggest problem, however, is the lack of affordable housing. Evans is planning to make 20 percent of the units available below market rate — but that’s a fairly small number considering that this is public land. Remember: at that ratio only 16 of the queer retirement apartments will be available to anyone who isn’t wealthy. While we agree that queer seniors of all income levels need this style of housing, which will feature community amenities and on-site services for the aging, 16 lower-cost units hardly seems like enough of a benefit to justify shifting 5.4 acres of public property into a private project. "How can the queer community settle for this, in San Francisco of all places?" queer housing activist Tommi Avicolli Mecca asks. "I think that we can do much better."

Evans is in a rush — and thus the Mayor’s Office and the City Planning Department are in a rush — because the developer’s contract with the university expires if the project isn’t approved by Jan. 1, 2008. Almost everyone involved agrees that the UC and Evans can easily reach terms on an extension, so there’s no real threat here. But it doesn’t matter — that’s not the city’s problem. San Francisco has a responsibility to ensure that big new projects serve the public interest; the developer’s deadline doesn’t trump that.

Sup. Ross Mirkarimi is asking that the affordable-housing component be increased to around 40 percent. That may take a little work: the UC, which wants to make as much money as possible off this, is charging Evans a stiff fee for the land. But with the proper pressure, including pressure on the UC from Assemblymember Mark Leno and state senator Carole Migden, a much higher ratio of low-cost housing ought to be possible.

It’s too early to approve what’s still a bad deal. The planning commissioners should turn it down, and if they don’t, the supervisors should demand more from Evans before allowing the property to go from public to private use. *

Fetus frenzy

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› culture@sfbg.com

If you live in San Francisco and are in possession of a conventional vagina, you are most likely pregnant. And if you’re not pregnant, you’re either anxious to become so or have just pinched out a baby and are looking toward closing the deal on numbers two and three before you hit 40. If none of the above applies, I, a new mother myself, give you permission to ignore that self-righteous pregnant bitch eyeing your Muni seat and openly admit the following: SF was edgier when it was just a bunch of wayward freaks in crotchless ass pants.

Now, thanks to a surge in results-oriented fucking among the white, heterosexual ruling class, this city has become overrun with decaf-latte-sipping, thousand-dollar-stroller-pushing, CFO–Noe Valley–ish, overly together supermoms who will tear you multiple assholes if you even think about stepping near their two-legged petri dish specimens. One might be tempted to label this phenomenon a baby boom. That assumption, however, is incorrect. What we are witnessing in San Francisco — and everywhere else inhabited by Gen Xers with money — is a parent boom.

In the past, parents were simply identified as people who raised children. That era, which lasted roughly 200,000 years, has ended. Parents now practice the rarified art of parenting. Parents who parent must adopt a specific parenting style — one that’s far more complex than a hairstyle and infinitely more expensive. Parenting requires ongoing investment in sleep and breast-feeding consultants, childproofing contractors, European-designed gear, six-week courses, endless manuals and magazines, and, depending on one’s sacred style, couture bedding and nursery decor that can run well over five grand. This is quite a change of direction for Generation X, to which I belong, whose members were blacking out in Cow Hollow bars and smoking out of two-foot Mission District bongs throughout the ’90s. But my generation’s escapist persona — equal parts political indifference, obsessive consumerism, hedonistic self-absorption, and Diff’rent Strokes references — did not abate or even truly evolve when we threw the birth control in the trash. It only found new life, literally.

We, the latchkey slackers who postponed being parents until our ovaries wept, are acutely aware that whatever decisions we make regarding our children are direct reflections of ourselves. It is therefore imperative to properly accessorize one’s child; only by doing so can one ensure the child is a better accessory. The right stroller, carrier, preschool waiting list, parenting philosophy, and even diaper — all denote much more than any sensible person would care to know.

THE BABY GAP


Oh, wait. I forgot to mention the babies: it appears there are many of them. Commercial sidewalks in Noe Valley, Cole Valley, Hayes Valley, and beyond buzz with kitten-eyed freshies sucking the rubberized life out of pacifiers, frazzled mommies in yoga pants and camel toes pushing behemoth, double-wide prams, nannies chatting on cell phones while small barbarians stick organic Cheerios up their noses. Top preschools are waitlisted for several years. Babysitters are harder to find than a pimple on a newborn’s butt. Is it good for San Francisco’s soul that kiddie boutiques outnumber bondage shops and Polk Street glory holes? It’s an epidemic, cry my nonparent friends, some of whom have been accosted by pompous moms and dads for accidentally bumping into strollers or smoking on the street. Ever think of denying an All-Important Holy Mother with Child your seat on the 1 California? Want to be knifed by a stay-at-home mom from precious Laurel Heights?

Funny thing is, the evidence of a baby boom is largely anecdotal. Statistics paint a very different picture. A disturbing March 2006 report by Coleman Advocates for Children and Youth, "Families Struggle to Stay: Why Families Are Leaving San Francisco and What Can Be Done," reveals that we have the lowest child population of any American city. And of San Francisco’s 100,000 children, most reside in the city’s poorest districts — including traditionally working-class neighborhoods that are becoming increasingly chic. Coleman Advocates also estimates that 39,000 families with children are in need of affordable housing.

"The issue is not if there is a baby boom trend in San Francisco," Coleman Advocates’ Ingrid Gonzales e-mailed me. "The real issue is whether these [lower-income] families stay or are eventually pushed out of San Francisco because of a lack of affordable family housing or access to a quality public school education. Stats show that families leave when their children reach kindergarten age. Coleman Advocates and our families say that this is not OK — families should have a right to stay in the city they call home."

Somehow I doubt the parents buying the $1,890 Cabine infant dresser at Giggle on Chestnut Street are too worried about making rent. In fact, a May article in the New York Times reports that San Francisco is second only to Manhattan in toddlers born to wealthy white families, defined as those that pull in an average of $150,763 per year. And consider this Coleman Advocates finding: there was a 45 percent drop in the number of black families with children in San Francisco from 1990 to 2000, while around the same time 90 percent of the people moving into the city did not have children and — surprise, surprise — were mostly rich and white. This development pretty much paralleled the period of the dot-com boom. At the risk of making light of an alarming situation, is it safe to posit that the dot-com bust inspired semiemployed white professionals to buy a lot of lube?

CLASH OF THE CODDLERS


So what creates this illusion of a baby boom? Probably an uptick in showy, hyperactive parenting. Weekends at Children’s Playground in Golden Gate Park provide insight into the phenomenon. There parents can be found earnestly — one might even say aggressively — parenting. They really put their all into it ("it" being what our parents haphazardly did with us) as they push their bewildered offspring in swings, making sure to "Wheee!" with more enthusiasm than a redneck at a NASCAR rally — an apt metaphor, because this brand of parenting is a competitive sport. "How old is she? Is she standing on her own? Can she walk yet? Does she speak French, and can she crap in the can?" someone always wants to know, hungrily eyeing your baby as if she were a delicious wild Alaskan king salmon fillet.

But blessed be, developmental superiority is not the only way to make other parents feel like shit. Fleets of luxury Dutch strollers are parked around the playground’s grassy knolls, each exceeding my share of rent by $300. I’ve seen nannies pull toys from Coach and Louis Vuitton diaper bags, kids scale the jungle gym dressed in Little Marc coats, white babies in $40 organic cotton T-shirts emblazoned with a grossly ironic image of a black woman’s face.

This excess of money breeds paranoia. Even on the warmest days, Caitlin-Courtney-Penelope-Emily-Aurelia-Shiloh-Mackenzie can be observed crawling in the playground’s cool sand, fully dressed in the very best of Zutano’s and Petit Bateau’s wide-brim hats, thick socks and booties, long-sleeve shirts, and pants in order to prevent the wretched elements, formerly known as blue sky and sunshine, from attacking the child’s not-so-invisible bubble. And rest assured, many of the playground’s nannies — almost entirely middle-aged mothers and grandmothers of color — have been fingerprinted and subjected to invasive criminal background checks. Long gone are the days when parents hired any ol’ teenage stoner to watch their kids.

LAVISH AND LACK


I feel embarrassed to be here, I often think. Because I know I’m part of the problem. I didn’t come to San Francisco for the money — I was born here and spent most of my childhood in that new epicenter of ultraparenting, Noe Valley — and I don’t have a nursery, a full-size kitchen, or even a hallway in my shared one-bedroom Sunset apartment. (This is not a "poor me" moment; my lifestyle is a choice.) But I did spend $300 on a labor and newborn preparation course, during which I suffered video after video of goopy babies cannonballing forth from untamed bush. I paid a woman $200 to teach me how to breast-feed and another $50 to join a local e-mail list through which upper-crust women seek help in finding dinner party entertainment for hire and live-in au pairs. I can cite Halle Berry’s prenatal test results but no statistics from the war in Iraq. I have secretly chuckled at ugly babies. I have wanted to know if your baby can stand alone yet and why she’s so much smaller than mine. I’ve purchased nearly 20 books on pregnancy, breast-feeding, natural birth, cosleeping, infant health, starting solids, potty training, how to stay hot, and how to fix my gut.

Pediatric records indicate I was not reared by wild dogs, yet I can’t figure out how to assume the most primal of all roles — motherhood — without hitting the ATM.

In her 2007 manifesto against the $20 billion baby-to-toddler industry and the disastrous effects it has on our children, Buy, Buy Baby (Houghton Mifflin) author Susan Gregory Thomas credits Gen X’s overspending and unhealthy micromanaging to the way in which we, the products of broken homes and TVs as babysitters, were raised: "The commercialization and neglect of young people results not only in fears of abandonment and bank-breaking shopping habits in adulthood to fill the void but also in a deep, neurotic sense of attachment to, and protection of, one’s own children and home."

Gregory Thomas’s assessment strikes me as painfully true and spurs the question: what kind of people will our babies become? Will they, as older children and adults, invariably expect and demand the best, no matter the appropriateness of the circumstance? Will they be terrified of public schools and public transportation and — worse — people with a different color skin? How will they ever travel abroad, and will they condescend to people who have less? Surely the parents who buy their baby the $1,700 Moderne crib intend only to give their child the finest they can offer. Every child is worthy of that grand intention. Yet, as my friend and mother-mentor Billee Sharp pointed out, the more extravagant the gifts, the harder the parents must work to provide them, resulting in less time spent with their kids. Lavishness, in this sense, becomes empty compensation for a shortage of available love.

IT TAKES AN INTERNET?


Being a new parent is much harder than it seems. If we’re overcompensating, it’s largely because we don’t know what else to do. If it takes a village to raise a child, what happens when all you have is DSL? During my pregnancy and the first three months of my daughter’s life, my husband and I lived in relative isolation in Brooklyn, away from family and a network of close friends that could offer knowledge and day-to-day help. The books, the classes, and the breast-feeding consultant filled the gaps that real support would have provided. (I certainly had two boobs but no idea where to put them: In the baby’s mouth? Are you serious?) In the absence of genuine community, we follow the only guidelines available to us and do the best we can manage. While nothing is less appealing to me than having to be someone’s friend simply because we both piss our pants when we sneeze, artificially constructed social networks like mommy groups, daddy groups, play groups, and Yahoo e-mail groups fulfill a real need for disconnected urbanites whose families typically reside thousands of miles away.

Learning to be a parent without geographic and strong emotional links to our families, then, becomes a complicated process of untangling the skein of too much information. From the moment a woman discovers she is pregnant, she and her partner are encouraged to believe they are totally, utterly retarded when it comes to being parents. The reality-TV experts, the how-to books, the product-driven Web sites and magazines cater to a deep, unrelenting distrust of ourselves, and they have the tragic effect of obliterating whatever parenting intuition and knowledge that we, as living creatures, already have in our DNA.

My path to reclaiming motherhood began with an injured wrist. Everything I had read warned that I would roll over my child and kill her if we slept together in one bed. To prevent this tragedy, my husband and I bought a sleigh bed attachment for our bed that kept me at least a foot away from my child. Each night that I listened to her breathe without being able hold her brought an agony so intense that I became profoundly depressed. I was desperate to pull her close to my body, like every mammal mother does, like our ancestors did long before they stopped growing pubic hair on their backs. In my longing to be nearer to my child, I contorted my left wrist under my head as I slept, perhaps to stop my murderous hands from accidentally touching the person I love most. With my wrist in a splint and steroid shots in my hand, I sobbed to my mother over the phone, "I can sleep with my cats, but why not with my own child?"

The night I brought my daughter into bed marked the beginning of my departure from the fear-and-product-based mommy mainstream. Within weeks a friend turned me on to the instinctive-parenting ideas put forth in Jean Liedloff’s The Continuum Concept (Addison Wesley, 1986), a fascinating book that details the author’s travels to Venezuela, where she studied the parenting methods of the indigenous Yequana Indians, who, remarkably, have never considered shopping for child-rearing clues on Babycenter.com. Admittedly, my and my husband’s current touchy-feely, indigenous-inspired style is a little fringe lunatic, and, as Gregory Thomas might suggest, it’s probably no coincidence that we both come from broken homes. But life-changing insights that require no investment in stylish baby gear are available to us. We only have to be willing to look.

BEYOND THE BUBBLE


One of the most affecting messages I have received about the depth of real parental love came to me in the form of a damp newspaper abandoned on the subway in New York City. Elizabeth Fitzsimons’s essay "My First Lesson in Motherhood," published in the New York Times Modern Love section this Mother’s Day, chronicles the journalist’s trip to China, where she and her husband picked up their adopted infant daughter, who, it turned out, had debilitating health defects. Fitzsimons was warned that her daughter might have Down’s syndrome, might never walk, and will likely be tethered to a colostomy bag for the rest of her life. "I knew this was my test," Fitzsimons writes, "my life’s worth distilled into a moment. I was shaking my head ‘No’ before [the doctors] finished explaining. We didn’t want another baby, I told them. We wanted our baby, the one sleeping right over there. ‘She’s our daughter,’ I said. ‘We love her.’ "

Fitzsimons’s fierce, truly unconditional love for a child she did not create becomes even more striking when contextualized in these fertility and pregnancy-obsessed times. We all want our children to be healthy, to outlive us, to be content, and to exist in a safe, peaceful world. These desires are pretty basic. Clearly, though, there’s a worrisome glitch in the parent boom trend: it has nothing to do with the well-being of children who are biologically not ours. This newfound love for babies is entirely insular, concerned only with one’s genetic family, one’s own perfect, beautiful, well-fed, well-dressed child. Look inside a pregnancy or parenting magazine and you will find that most lack any semblance of social perspective as they offer tired takes on recycled, useless information: "How to lose the baby weight in three days!" "Ten tips for getting back the magic in the bed!"

But the truth is that while middle-class women squabble about whether to breast-feed or bottle-feed, 39,000 families with children in this city are in dire need of affordable homes. For every day we bicker over stay-at-home moms versus mothers who work full-time, four children in this country will die from abuse or neglect, and eight more will be killed at the hand of someone operating a gun, according to Children’s Defense Fund statistics.

The self-centeredness of Gen X parents manifests as blindness to these sad realities, and here I indict myself again. Why do I only act on behalf of my child when I have the means to do something that could help other, less fortunate children? Maybe the answer is too painful to consider. Maybe I’d rather shop for a new sling instead. *

Rip, role-play, and burn

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Jeanne D’Arc

(Sony, PSP)

GAMER I had the fortune of winning a PSP in a contest a few weeks ago, and in my hunt for an inaugural game for the system, I spotted Jeanne D’Arc on a shelf in a local toy store. Because the cover sports an awesome girl with a sword and because no one does medieval European history like the Japanese, I picked it up.

Jeanne D’Arc is historical fantasy with a plot that seems a little too familiar. The Level-5-developed title has a lot of the elements of your average Japanese role-playing game: a heroine whose home is put to the torch by agents of a diabolical figure (in this case Henry VI of England) under the influence of a demon summoned by the real villain, who is a sorcerer. Jeanne and her childhood friends set off to fight back, spurred by Jeanne’s discovery of a magical, demon-vanquishing armlet. They are accompanied by a cute animal companion, required in all Japanese RPGs: a giant purple toad. The rough placement of the story within the framework of a well-known legend is what rescues the plot from being completely pedestrian.

The game, a tactical strategy RPG in the style of Final Fantasy Tactics with few deviations from the formula, has a map of locations through which the player travels. Most of them have battles, though some also have shops and plot-revealing cut scenes. On entering a battle, the player chooses various characters with different abilities and arranges them on a large grid. The player and the computer take turns moving all of their characters and making them attack or use an item in their inventory. Think of a chess game in which all of the pieces have big swords and bigger hair. Jeanne D’Arc adds a few little power-ups — such as squares where your attacks have a greater impact — but these don’t affect game play much.

One thing I really liked about the game is that each character has a backstory. You aren’t controlling a bunch of nameless soldiers. Your characters are also fairly customizable. Usually each character in an RPG is locked into a career path for the benefit of the story, and usually the healer is a demure woman. This irks me. Jeanne D’Arc let me create a butch male healer who swoops to the rescue whenever one of my little chess pieces is hurting.

Jeanne D’Arc is nothing new, but it’s fun, and the development of the minor characters involves the player in a way that’s refreshing for a tactical RPG. The quality of the graphics and sound are exceptional for a handheld game; I found myself humming the fight tune in the shower, so I guess the music’s more memorable than most. That said, if the narrative keeps following history, it’s going to be a bummer to see a character I’ve developed for 40 hours get burned at the stake at the end. Oh well.

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