Public Health

Freedom of Information: Battleship metadata

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› sarah@sfbg.com

On Valentine’s Day, Assemblymember Jose Solorio (D-Santa Ana) introduced Assembly Bill 1978, legislation that seeks to define computer mapping systems and make them available to commercial interests at a fee — a one-two punch that freedom of information advocates fear constitutes a serious blow to the California Public Records Act.

Noting that computer mapping systems, computer programs, and computer graphic systems do not constitute public records under current law, Solorio’s bill seeks to amend the CPRA to define computer mapping systems to include "assembled model data, metadata, and listings of metadata, regardless of medium, and tools by which computer mapping systems are created, stored, and retrieved."

AB 1978 would also allow "commercial interests, who are most benefited by these systems, to obtain the portion of these systems developed by a public agency, at a fee designed to offset the agency’s cost of maintenance for the computer mapping systems."

But Oakland-based Bruce Joffe, who works as a geographic information consultant to cities, counties, and state agencies in California, warns that AB 1978 would allow public agencies to charge the public more for this data than the cost of duplication.

"It would severely weaken the CPRA and reduce the public’s access to government records," said Joffe, noting that as the law currently stands, CPRA requires state and local agencies to make their records available and, upon request, to provide copies on payment of any applicable fee.

Solorio aide Hazel Miranda told the Guardian that the intent of the bill is to protect software, not to restrict access to information.

"Our intent is to protect the software, not to restrict the information that is given out on it," Miranda said, noting that the bill’s sponsor is the government of Orange County. "The concern was that a lot of corporations were taking this information — and when the information is given out, you have to give out the software, too — and using it to their own benefit."

Joffe, who was the California First Amendment Coalition’s technical advisor when CFAC successfully sued Santa Clara County over access to the county’s tax maps, disagrees.

"When you give information out, you are not giving out software, you are giving out data in export format," said Joffe, who believes Solorio wants to change the law so that AB 1978’s sponsor, Orange County, which has sold its tax maps for $400,000 in the past, can continue to sell its data.

Holly Fraumeni, the AB 1978 lobbyist with the well-connected firm Putf8um Advisors, deferred questions to Bruce Matthias of Orange County’s legislative affairs, who told us, "The County of Orange has never disagreed on sharing public data. We are not trying to hide data down here. If you want it on a disk, we charge 25 cents. All we are doing is updating language in the bill. Our exclusive intent is to protect the software we’ve developed." Records show Orange County paid Putf8um Advisors $60,000 between October 1 and December 31, 2007.

CFAC executive director Peter Scheer believes AB 1978 is an attempt to take the information that CFAC has tried to make freely available and put it back under lock and key, so that it is proprietary information that can be sold.

Recalling how, years ago, the only way you could see a county’s tax maps was as an engineer’s rendering on paper, Scheer observed that when this data is computerized and made publicly available, "individuals and businesses can create all kinds of valuable tools or simply post the raw data on the Internet."

Blair Adams, chief consulting officer at San Francisco’s Department of Technology and Information Services, says the city’s GIS data has been publicly available for five years.

"We have no intent to change that," Adams said. "Our motto is ‘Go have it, and help us make it better.’<0x2009>"

But while San Francisco treats this data as a public record and copies it for the price of a blank DVD, Santa Clara and Orange counties have treated it as a revenue generator.

"They charge an arm and a leg, and another arm and leg, and whatever other appendages they can think of," said Scheer, noting that Santa Clara County charges $100,000 for a full base map of its real estate parcels — data that can be used to determine whether properties are assessed correctly, and whether pothole repairs are carried out equitably.

"Likely clients willing to purchase this data would be utilities, phone companies, and developers, who can’t do without it," Scheer said. "But public health and safety departments need access to it, too."

Joffe agrees, and it’s something he has plenty of experience with. He helps cities and counties create geographic information systems that allow ambulances to take the most efficient routes, the Department of Public Works to carry out better capital improvements, and the police to conduct better crime analysis.

"Every department uses it, and because it’s in the government system, therefore it is a public record, and the public has the right to access those records at no more cost than it takes to duplicate them," Joffe said. He added, "If AB 1978 passes, we’ll lose considerable access."

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Health care paradoxes

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OPINION What does homicide in the Western Addition have to do with the closure of the worker’s compensation clinic at San Francisco General Hospital? How does a mobile methadone-treatment van affect the broader public health of San Francisco?

These are just two of the questions that University of San Francisco nursing students are asking while San Francisco residents face a public health and safety crisis.

Public health and safety are both affected by economic conditions. Nonetheless, we must all question a need-blind cutback in services to public health.

It’s the task of San Francisco nursing professors to address the following confounding paradoxes:

Homelessness Nursing students, Department of Public Health staff, and a host of individuals and organizations work together at the commendable, but intermittent, Project Homeless Connect, while midyear budget cuts will shutter Buster’s Place, the only 24-hour drop-in center that serves homeless persons every day of the year.

Mental health Last semester USF students learned that increasingly scarce hospital beds for mentally ill and impoverished San Francisco residents were going to be cut back even further. Now budget cuts are planned that will decrease services for individuals on an outpatient basis.

Violence Nursing students learn about the effectiveness of education and physical exercise in ameliorating the deplorable conditions of the city’s housing projects and streets. The Western Addition has recently suffered from a spate of shootings; it seems an odd time to close a healthy and safe alternative to the violent streets such as tennis courts.

Occupational health The Occupational Health Clinic at SF General will soon be closed. USF students want to know why they should choose to work for a public health system that puts them at high risk for hepatitis B, HIV, back injury, and exposure to violent patients.

Substance use Methadone treatment for opiate addiction is an imperfect clinical intervention, but it’s certainly better than users overdosing on the street or spreading HIV and antibiotic-resistant skin infections by sharing needles. However, methadone treatment is expensive, and an innovative program to bring it to addicts will be delayed for budget reasons.

Access to care While the city’s health plan, Healthy San Francisco, is a laudable attempt to provide optional health care coverage to more residents, the budgets of public health clinics and hospitals that provide the care are being cut back.

Public health nursing San Francisco has pioneered effective programs tackling the disproportionate infant-mortality, asthma, diabetes, and hypertension rates among African American and Latino San Francisco residents. Now the cadre of public health nurses who do this work will be reduced, and Laguna Honda Hospital is being rebuilt with fewer patient beds. Who will monitor and support the disabled and seniors in the community if not the public health nurses?

As public health nurses, we implore our elected officials to protect the most vulnerable while making difficult decisions.

Sasha J. Cuttler

Sasha Cuttler is an assistant professor at the University of San Francisco School of Nursing

War on science

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› annalee@techsploitation.com

TECHSPLOITATION Over the past eight years, the lives of millions of people in the United States and beyond have been endangered by the US government. No, I’m not talking about the war in Iraq. I’m talking about the quiet, systematic war the government has been waging against science.

You may have heard about gross examples of the government censoring scientific documents. For example, it was widely reported last year that a government regulatory group excised at least half the statements Centers for Disease Control director Julie Gerberding was set to make at a congressional hearing about how climate change will affect public health. You may also have heard about the scandal in 2004 when a whistleblower at the Environmental Protection Agency revealed that five of the seven members on a panel of "independent experts" stood to gain financially from shutting down a scientific investigation of a controversial mining technique called "hydraulic fracturing." The panel claimed that in its expert opinion, the technique didn’t require regulation, despite many scientists’ concerns that it might pollute groundwater.

But these are the stories that hit the headlines. There are hundreds more where they came from, and many of them are documented meticulously in a study released earlier this month by the Union of Concerned Scientists (UCS) called "Federal Science and the Public Good." (Download it for free online at http://www.ucsusa.org/scientific_integrity/restoring/federal-science.html.)

The UCS report documents, in chilling detail, how agencies have fired scientists who disagreed with government policies. For example, in 2003, experts in nuclear physics were dismissed from a panel within the National Nuclear Security Administration because some of them had published about how the George W. Bush administration’s beloved "bunker buster" weapons weren’t very effective. And scientists who spoke out against the administration’s stem cell policy were booted from the President’s Council on Bioethics.

Worse, the government has falsified scientific studies to bolster its policies and undergird its ideological positions. Perhaps the most egregious example of this was when the EPA lied outright to Americans that the air around ground zero directly after Sept. 11 was safe to breathe. In fact, according to the UCS report, the EPA made this statement without even testing the air. As a result, the authors of the report write, "thousands of rescue workers now plagued by crippling lung ailments continue to feel the impact of this public deception." There’s also an example of the Food and Drug Administration inventing a fake study to support its decision to approve the drug Ketek, along with many others.

Most intriguing, though, is the UCS report’s suggestion that many federal regulatory agencies may in fact be breaking the law by cutting real science out of government policy decisions. Both the Clean Air Act and the Endangered Species Act require the EPA and the US Fish and Wildlife Service to base their decisions on "the best scientific data available." And yet the UCS has documented countless examples of both agencies, as well as others, refusing to take into account the latest research on climate change, animal populations, and systems biology.

It would be intriguing to see a lawsuit based on the fact that these agencies aren’t using "the best scientific data available," but the UCS doesn’t suggest that as a remedy. Instead, the report concludes by looking to the future of federally funded science, suggesting ways the next presidential administration might remedy the failures of the last.

First on the agenda would be to bring a scientific adviser back into the cabinet. (Bush dismissed this adviser from the cabinet.) The UCS also suggests that the next president repeal Executive Order 13422, which gave an obscure regulatory body known as the Office of Management and Budget a lot of control over how regulatory agencies handle science. Currently the OMB has the power to revise the findings of scientists within those agencies, despite the fact that the OMB has little to no scientific expertise. And finally, the UCS asks that the government extend protections to whistleblowers within the government who come forward to report on the very kinds of abuses the UCS has reported (often with the help of whistleblowers who lost their jobs or worse).

Hopefully the next presidential administration will relegate this report to the status of historical document instead of a warning about our future. Science is crucial to the management of the nation, and without it we’re no better than a medieval kingdom.

Annalee Newitz (annalee@techsploitation.com) is a surly media nerd who is fifteen feet tall, and she has a federal agency science report that proves it.

Beyond beds

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› news@sfbg.com

What do army barracks, prisons, hospitals, and dog pounds have in common? They all have minimum and legally enforceable standards of care, something absent in San Francisco’s homeless shelters. Legislation to fix that problem now appears to be shaping up as the latest political skirmish pitting fiscally conservative Mayor Gavin Newsom against progressives on the Board of Supervisors.

The Board of Supervisors’ Budget and Finance Committee met Feb. 20 to hear testimony and discuss proposed legislation that seeks to impose basic requirements on city-funded shelters, improve complaint procedures, and allow fines for noncompliance (see "Setting Standards," 1/30/07).

Prior to the hearing, dozens of activists, city officials, and homeless people rallied on the steps of City Hall in support of the legislation, holding colorfully painted signs with references to some of the proposed requirements, including "nutritious meals," "clean sheets," and "8-hour-a-day sleep."

Marlon Mendieta, program director at the Dolores Street shelter, took to the podium to make his case for supporting the legislation: "It may seem strange that a service provider would be here to support legislation that will cost money and more time and more work — it’s easy though. It’s an issue of human rights."

The scene was just as lively inside as demonstrators and officials packed the board’s chambers. The committee — composed of Sups. Aaron Peskin, Bevan Dufty, and Tom Ammiano (sponsor of the ordinance) — took testimony, almost all of it urging the committee to pass the legislation on to the full Board of Supervisors for approval.

Dariush Kayhan, who has been on the job for six weeks as the mayor’s appointed homeless policy director, gave the only testimony urging the committee not to pass the legislation.

"This is the part where we have some concerns, the fiscal part," Kayhan said. "Give us more time, maybe we can plow some of these items — the ones we can agree on — into the existing contracts," he said, referring to the contracts awarded to nonprofit organizations who manage the city’s shelters.

While the city’s contracts with shelter providers do spell out many standards, a recent Guardian investigation (see "Shelter Shuffle," 2/12/08) and work by the Shelter Monitoring Committee, which developed the recommendations embodied in Ammiano’s legislation, found they are often ignored with no consequences. The Guardian also found that people are being turned away from the shelters every night despite vacancies.

Mayor Gavin Newsom, in a letter to supervisors obtained by the Guardian, voiced his concern with the fiscal impact of the legislation, citing a $2.4 million price tag, the high end of costs developed by the Budget Analyst’s Office, which said the legislation could cost $1.7 million or even less. Advocates of the legislation are confident they can bring its price down.

The $2.4 million estimate assumes a new security guard will be hired at each shelter to meet safety requirements. The legislation does not specifically mandate new personnel and many argue increased staff training and facility improvements could provide cheaper alternatives.

The Shelter Monitoring Committee, composed of mayoral and board appointees, estimates the cost will be closer to $1 million, which amounts to less than half of 1 percent of the city’s total projected deficit of $225 million.

"This is an investment in a population that has not been invested in in a long time," committee chair Quintin Mecke said at the hearing. "I don’t think there is any reason to wait to make sure people have access to toilet paper, have access to clean conditions, have access to ADA [Americans with Disabilities Act] -compatible beds."

At Ammiano’s request, the committee decided to postpone the vote for two more weeks to try to work out differences with the Mayor’s Office, and set the next hearing for March 5. If the supervisors proceed without Newsom’s support and he ends up vetoing the legislation, it would take the vote of eight supervisors to override and implement the standards anyway.

Newsom and the board have been at odds over homelessness and other budget priorities. Buster’s Place, the city’s only 24-hour drop-in shelter, is now caught in the middle of the political tug-of-war between budget cuts and shelter improvements. There is a provision within the standards of care legislation that mandates a 24-hour emergency drop-in center. At the time it was drafted, Buster’s Place filled this requirement.

However, due to the timing of the midyear budget cuts ordered by Newsom, the Department of Public Health cut off funding for Buster’s, effectively closing the center at the end of March (see "No Shelter from the Budget Storm," 2/20/08). It is now unclear how the requirement will be met if the legislation passes.

"We’re tired of having centers like Buster’s Place on the chopping block," Mecke told the Guardian. "It’s ludicrous to keep going in this cycle over and over again." Buster’s was slated to close six months ago but was rescued by a Board of Supervisors’ budget add-back, and a year before that, McMillan’s (another 24-hour center) was forced shut its doors.

The ordinance seems to challenge Newsom’s recent efforts to whittle back shelter services. It would allocate more funds to a department Newsom is trying to cut and assure the existence of an emergency 24-hour center, a clear departure from Newsom’s recent announcement that he wants to ultimately "get San Francisco out of the shelter business."

The most controversial requirement within the standards of care legislation seems to be its enforcement mechanism, calling for fines of $2,500 levied against the nonprofit service providers for noncompliance. While Kayhan voiced reservations about creating new staff positions to carry out enforcement, the SMC has insisted the fines are crucial and will only be used as a last resort.

"In 2004, the supervisors [created the] Shelter Monitoring Committee because contract compliance was not working," Mecke said. "If there are policies in theory, they should be legalized and should become mandates and be enforced."

Barbra Wismer, the medical director of Tom Waddell’s clinic, which frequently serves homeless men and women, urged attendees at the budget meeting to put politics aside and remember the importance of shelter standards, not just for the current homeless population, but for all San Francisco residents.

"If there was a natural disaster like an earthquake, or a fiscal disaster like increased foreclosures, and 1 to 2 percent of people — 14,000 in San Francisco — had to be put in emergency shelters," Wismer said, "we do not have any standards to protect them."

Tooth and consequences

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› culture@sfbg.com

It’s two days after Christmas and I’m sprawled out on a plastic-lined chaise lounge, sipping fluoride and waiting for the blood to stop gushing from my gums so the doctors can get back to work. Beyond the noise of drills and X-ray machines I hear grunts from several other patients and the sounds of merchants outside hawking sombreros, sweetbread, bootleg Fendi bags, and pottery. Kind of strange, but I’m not worried anymore. This is my second day at Dr. Rafael Lopez’s dental clinic, and I’m no longer freaked out that it’s nestled among trinket stores and cantinas in a bustling bazaar in Mexico.

I also don’t care that the dentists here speak hardly any English, nor I any Spanish. I mean, it’s not like I’m alone. All the other patients at Dr. Lopez’s office are either Canadian or American, and all the people shopping out front are too. In fact, nearly every person I’ve met on the streets here is Caucasian and an English speaker. We’re all dental tourists, and we’ve come to Los Algodones — a sunny border town near Yuma, Arizona, which allegedly has more dental clinics and pharmacies per block than any other city in the world — to save money. In my case, I’m in for three root canals with posts and crowns for the price of a secondhand scooter on eBay: $1,850, about a third of what I’d pay for the same procedures in the States.

I’d heard about Dr. Lopez’s clinic through a friend of my mother’s, but Los Algodones, like other dental tourism destinations, was easy to find on the Web. In fact, the town’s Web site, www.losalgodones.com, is actually a dental clinic referral network, with pictures of smiling clinicians and graphic before and after shots flashing across its home page. Clinics like Dr. Lopez’s, which often handle 10 to 20 patients a day, are set up exclusively for foreigners. Dr. Lopez estimates that 80 percent of his customers are American and 20 percent are Canadian; most Mexicans in the area can’t afford his rates. Many of them come to towns like this for big-ticket procedures like bridges and reconstructive surgery, some of which can cost more than $10,000 at home.

And they’re coming in increasing numbers. According to HealthCare Tourism International, a nonprofit accreditation and information organization set up to monitor the medical tourism boom, an estimated 1 million Americans will travel abroad this year for some of sort of medical service, up from the National Coalition on Health Care’s figure of about 150,000 in 2004. Of the procedures sought, 40 percent will be dental related. A recent article in the New York Times on the dental tourism phenomenon cited a boom in luxury travel packages designed around dental procedures. A root canal followed by a little fly-fishing in Costa Rica? Why not? The money you save can justify a short vacation.

ROOTS OF THE PROBLEM


Dr. Lopez’s clinic is, hopefully, the end of the road for me. I’ve been struggling with dental problems (and the potential resulting bills) for years. With all this talk of health care reform, you’d think I would have been able to find a decent low-cost US dentist, especially in civic-minded San Francisco. But it just wasn’t happening. For whatever reason, dental care and health care are viewed as two separate issues in the United States. When it comes to diseases, colds, and broken bones, you can usually catch a break, but good luck trying to get your teeth fixed on a budget. The truth is, even if you have some form of dental insurance, which is unlikely — according to the American Dental Association (ADA), only about half of all Americans do — dental care is nearly impossible for average wage earners to afford. At least, I’ve never been able to afford it. And I’ve looked everywhere.

My own dental horror story began nearly a decade ago when the Marine Corps kicked me off my retired father’s lifelong dental plan. I was fine for about a year, until the day I awoke with a terrible pain in my mouth. I was 19 at the time, taking classes at a community college and working at a café — barely able to pay rent, let alone find the time and money for a visit to the dentist. So I did the next best thing: simply ignored the pain, staving it off with copious amounts of ibuprofen when it got intense. The over-the-counter denial did the trick for almost two years, but I knew I would be forced to eventually bite the bullet, however softly.

And then it happened. My teeth started breaking. Not hurting, at least no more than usual, just breaking off — in huge, gray chunks.

This went on for years. By the time I was 25, four of my teeth had shattered and the rest seemed well on their way to doing the same. I adopted the diet of a five-month-old, unable to chew anything tougher than bananas or scrambled eggs. It was time to act, but I had no idea where to go. As a full-time student, getting by on financial aid, loans, and whatever I could rake in as a part-time waiter, I was nearly destitute. I’d recently transferred to San Francisco State University, but at that time, in order to purchase the student dental plan the school offered, I also had to purchase its medical plan, a combination that would have increased my monthly bills by nearly $200.

It was tempting, particularly in comparison with most employer-related or individual plans I qualified for, which could run into the thousands. But SFSU’s dental plan screened out existing problems, like the trainwreck I had going on, and carried an annual cap of less than $1,000. (Unlike medical insurance plans, which feature deductibles, most dental plans have annual monetary ceilings.) So even with the plan I would still be unable to afford even a fraction of the work I needed to have done. Since my student days, SFSU has implemented a dental-only plan available to undergrads, but often the limits are too low to cover anything other than cleanings and fillings.

Thus I began my search for a pro bono dentist, figuring that with all the uninsured people living in the city there must be someone around. It quickly became clear, however, that scoring free dental is harder than finding a decent vegetarian restaurant in rural Alabama.

QUEST FOR DENTAL


First, I had a glimmer of hope: a medical and dental clinic in Berkeley that had the word free in its name.

The Berkeley Free Clinic (BFC) has been offering free medical and dental care to the hard-up since 1969. It provides free HIV tests, medicine, preventative education, and more. But I needed dental work — and that was another story. As the only clinic in Northern California offering free fillings, extractions, and referrals to discount dentists, BFC is insanely popular. And since it’s run by volunteers and donors, it’s also chronically understaffed. Jessica Hsieh, a clinic coordinator, explained that the facility does as much as it can with limited resources. "We used to take patients on a first-come, first-served basis," she says. "But there were so many people lined up every night that our waiting room and hallway became fire hazards."

To deal with this problems, the clinic has devised a maddening selection system, which includes spotty business hours and a name-in-the-hat-style lottery. It sounded a little sketchy, but I gave it a go.

After making the 45-minute commute from my home, I arrived at the clinic at exactly 5:30 on a Monday evening. I scribbled my name on a small slip of paper, handed it to the receptionist, and took a seat in a waiting room crowded with students, broke workers, and homeless people. A nurse came out and told everyone to sit tight; the dentists were taking our names into a separate room and she’d return soon with their random choices. Ten minutes later, she came out again, read off three names, and then told everyone else to go home.

The room had been quiet as we all waited to see who’d won, but when a young blond girl with designer jeans and a fancy cell phone rose to claim her prize, the atmosphere became tense.

"That’s fucking bullshit," said a man with dirt on his face and ripped boots. "I’ve been coming here for weeks. This is her first fucking time!"

One of the dentists apologized and reminded us that we were welcome to keep trying as many times as we liked. I took his advice and returned three more times, missing a day of study or work for every fruitless visit until I gave up. One of my teeth in the back had started aching like hell, and I couldn’t stomach the wait any longer.

I broadened my search to include dental schools like that at the University of California San Francisco, where the wait times were rumored to be long, but once on the list, getting work done was guaranteed. After talking to students at the UCSF clinic, though, I realized treatment would require several days off from work and school because each step a student made during surgery would have to be approved by a busy professor and analyzed by other students. And the discount wasn’t exactly phenomenal.

The average cost of a single complete root canal procedure (root canal, post, and crown) at UCSF is more than $1,100, almost twice the amount I wound up paying in Mexico and way more than I could afford at the time.

So I scrapped the dental-school idea and dug deeper, figuring that if I couldn’t find free or cheap dental work, I could at least find a place that offered a payment plan. And I did find such a place.

Western Dental is like the McDonald’s of dental clinics. With multiple locations in almost every city in California, it’s effectively cornered the market on affordable dental work. Only it’s not cheap. A complete root canal procedure on one tooth can cost up to $1,590 — a lot less than a regular dentist, but much more than a dental school and about three times as much as Dr. Lopez charged me in Mexico. People flock to Western Dental because it lets you pay off your dental work like you would a car. You plunk down $99 for a yearlong membership, make a 20 to 30 percent down payment, and then pay the rest off monthly over the course of one year. And Western Dental doesn’t take your credit history into account when working out a plan.

Out of desperation, I eventually did get one of my teeth fixed at the Mission and 24th Street location, and wound up paying a $350 deposit and monthly installments of $110 for the next 12 months.

CAVITY CAVEATS


With my most painful tooth taken care of, I could now focus on finding a better deal, which is how I wound up in Mexico. So far it seems to have been a pretty smart decision. My new teeth look great and they’re holding up fine. I was treated extremely well by Dr. Lopez’s staff. But there are many reasons not go to Mexico for cheap dental work. And Brad Hatfield, a Korean War vet and retired city planner from Arizona City who asked that I not use his real name, knows them all.

Hatfield has been making the three-hour trip to Los Algodones for nearly a decade. He’s seen the town evolve from a haven for cheap trinkets and booze into what it is now: a medical resort for Americans with expensive tooth and eye issues. Hatfield started going to Los Algodones when he realized that even with his insurance he’d never be able to afford necessary dental work. But now, many years and thousands of dollars later, he’s learned his lesson.

"The problem with dentistry in Mexico," says Hatfield, "is that there’s no recourse. If something bad happens, you can’t sue anyone. All you can do is ask for your money back." And that’s just what Hatfield did when he returned from Los Algodones recently and discovered that his new teeth were worthless. Indeed, he claims that almost none of the work he’s gotten in Mexico has held up longer than a year or so.

This last time was the worst. "As soon as I got home," says Hatfield, "my gums started hurting really bad and bleeding off and on." When he called his clinic to complain, they denied his request for a refund and invited him back for some discounted work instead. Hatfield went back, got the work done, and thought his problems were over. But a few days later he realized they weren’t. "I was sitting here eating a piece of chocolate, and all of a sudden I realized I was chewing on two of my teeth and the bridge that was connecting them. All the work they had done had just fallen out."

Hatfield has tried repeatedly to get his dentist to refund his money back, but all he gets in response are invitations to return for more work. "Now they want to just rip all my teeth out and give me a full set of implants. It’s going to cost thousands of dollars on top of the $10,000 I’ve already spent there over the past year."

Hatfield is currently trying to get his problems fixed at a dental college in Mesa, Arizona, but he’s facing steeper prices and will probably have to return to Mexico soon. "My dental and medical problems have ruined me as a person," he says. "I can’t get a job because my teeth are so screwed up, and I can’t think through all this pain. I just don’t understand why dental work is so expensive. It’s much worse than medical."

THE BIG YANK


Hatfield brings up a good point. For some reason dental issues aren’t included in national or local debates about health care. Healthy San Francisco, the universal, citywide health care access program operated by the San Francisco Department of Public Health, doesn’t cover access to dental services, which were never even considered for inclusion. When reached by the Guardian for comment on this exclusion, SFDPH spokesperson Eileen Shields stressed the difference between the city’s program and regular insurance plans, saying "[Healthy San Francisco] is a health access plan, providing access to basic medical care. I mean, my health plan doesn’t even include dental — does yours?"

Denti-Cal, the state dental insurance program offered as part of Medi-Cal, is an option for California residents with a low income, a social security number, and at least one child. But it obviously doesn’t help the throngs who fill the waiting rooms of Western Dental. San Francisco General Hospital keeps an oral surgeon on call for extreme emergencies but if you want your janked-out teeth replaced or aren’t doubled over in chronic pain, SF General can’t help you.

It doesn’t look like any of this is changing soon. None of the candidates running for president this year has announced a platform that specifically deals with the high cost of dental care in America. Why? Why are medical and dental issues treated as two separate entities? And why is it so hard to afford dental treatment even with insurance?

Hsieh of the BFC thinks it may have to do with the fact that dental issues aren’t thought to be as life-threatening as medical issues. But if an infected tooth is left untreated, it can lead to death just as surely as unchecked pneumonia. On its Web site, the ADA acknowledges the high cost of dental insurance but privileges prevention over treatment, claiming that most dental problems are preventable. If Americans would just take care of their teeth, use their paltry insurance plans for routine checkups, and quit eating so much candy, they wouldn’t have to get root canals. But I brush after meals, floss regularly, and stay away from sweets — and I’ve been in and out of dental clinics with major problems since I was five.

Another theory has to do with the high costs of dental school and specialized equipment, which makes sense. But the truth of the matter, commonly pointed out in the ongoing health care debate, is that mixing profit with patients is a recipe for disaster. As long as insurance companies are able to make billions by fleecing their customers, and as long as dental clinics and drug companies are allowed to set their own prices, the general population is going to be cavity ridden and kind of ugly.

For now, it seems dental tourism may be the best option for people with normal-to-low incomes and chronic problems. Two months after my visit to Mexico, my teeth feel much better and I’m back on solid food. But this kind of travel isn’t for the fainthearted. The weather and food in Los Algodones are great. But getting your teeth ripped out and reconstructed in a foreign country with no legal recourse is dangerous and scary, especially during the high-traffic winter season when the tendency to rush through patients escalates.

My triple root canal, for example, took a mere two visits. The doctors hacked away for 10 hours straight, let me heal for one day, and then stuck on the crowns and pocketed my check. I stumbled out of Dr. Lopez’s office a few days before New Year’s, in a Novocain-induced daze, with blood on my shirt and pieces of rubber molding stuck to my cheeks. My jaws and head ached as I shuffled through the mile-long border-crossing corridor, sweating and dry-heaving.

As I approached the checkpoint, I wondered if I had made the right choice.

Then I remembered that I hadn’t actually made one. It was this or nothing.

Emma Lierley contributed to this report.


>>View a video interview with a Canadian dental tourist

No shelter from the budget storm

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Arriving at the steps of Buster’s Place on a cold night is a familiar, comforting act for many of the city’s chronic homeless people. Or rather, it was until recently, when a sign was posted informing clients the facility will be closing its doors for the first time in almost a year.

Buster’s Place, the only centrally located 24-hour drop-in center in San Francisco, is on the chopping block to meet the demands of one of the city’s most drastic midyear budget cuts in recent history. The $1 million cut (roughly the one-year operating cost of Buster’s) is only a piece of the $9.25 million the city’s Department of Human Services must trim from its annual spending.

Buster’s has logged more than 34,000 visits from an estimated 700 clients in the past year. The center serves all walks of life, from lonely elders to those who cannot manage the complex shelter reservation system to newcomers who don’t know where to turn. While staff and resources are limited, Buster’s provides easy access to essential facilities like showers, bathrooms, and laundry rooms. It’s the stop of last resort, as I learned during my recent undercover investigation (see "Shelter Shuffle," 2/13/07, and "Search for Shelter," on the Guardian‘s SF blog).

"There’s a need for this place," Louis Ramon, who is the only case manager working at Buster’s and has been at the center since it opened, told the Guardian. "This is where the too sick, the too paranoid, the too mentally ill come who cannot be housed. Nobody is working with these clients — the really hardcore ones."

Jennifer Friedenbach, the executive director for the Coalition on Homelessness, has been a leading advocate for 24-hour homeless centers and is pressuring city hall to reinstate funds to carry Buster’s through the end of the year.

"It’s frustrating when the mayor makes random and arbitrary decisions without consulting relevant community-based organizations or the homeless themselves," Friedenbach told us. "This is another attempt by the mayor to put a nail in the coffin of overnight shelters."

In a Feb. 14 press conference Mayor Gavin Newsom held with Dariush Kayhan, his newly appointed homeless czar, Newsom discussed plans to redesign the city’s shelter system, as well as the midyear budget cuts. "We’ve got a lot of resources that are being spent, but they could be spent more wisely by coordinating strategies," he said.

"With respect to 24-7 access, we’re going to have that with the [Mobile Assistance Patrol] vans, to ensure that people still have that. People can, in rare instances, come to the shelters directly if they’re in a dire emergency and access a bed if needed," Kayhan said. "And we also want to engage those folks because we don’t think sitting in chairs, around the clock, at night — and especially since a lot of those folks are seniors and disabled — that’s not a proper place to be."

Less than five months after it opened last year, Buster’s was slated to close during the regular fiscal-year budgeting last June. Homeless advocates came to Buster’s rescue and had the Board of Supervisors reinstate most of the funding for the center.

However, many homeless advocates and Department of Public Health officials are less optimistic about this round of budget reductions. For one thing, midyear cuts are generally more reactionary, made with little public deliberation, and made because the deficit is bigger than expected.

"This year is much different because the amount of money we need to cut is much more severe," said David Nakanishi, coordinator for community programs at the DPH and responsible for spearheading the planning of Buster’s Place. "Last year Buster’s was the only cut being made to homeless programs, so the community could rally around that one issue. The fiscal situation is much more dire this year. The supervisors will probably not reinstate the money."

Sup. Chris Daly, whose District 6 includes Buster’s Place, isn’t optimistic. "I will fight, but I won’t be successful," he told us, referring to his reduced power on the board after being removed as chair of the Budget Committee last year. "The cut list resembles very closely the list of board priorities from last year. The board cannot compel the mayor to spend."

Over the past year, Buster’s Place has had an uncertain future. The center was created after the temporary closing of the McMillan Drop-in Center, the city’s previous 24-hour drop-in center, at 39 Fell Street. Homeless-rights advocates campaigned for the creation of a 24-hour facility until Daly lobbied the DPH to keep an all-night drop-in center open. The city then contracted the Haight Ashbury Free Clinics to open Buster’s.

However, since the DPH established the center on a short timetable, it did not follow standard procedures for awarding the contract. The DPH is now going through a request-for-proposals process for a 24-hour drop-in center. Of course, if the midyear cuts are approved, this process will stop.

During a night at Buster’s, visitors can count on a few things: hard plastic chairs, restless sleep (if any), and good conversation with familiar faces. While Buster’s provides 24-hour shelter, it also serves as an important social hub for the homeless community. Elisa Frank, who handles shelter reservations through the city’s CHANGES system at the 150 Otis Street administrative office, sends up to 60 people per night to wait for beds at Buster’s.

"Buster’s is a community for a lot of people. They want supervision so they’re not just on the street doing dirt. Some people even have houses. Some who are in [single-room occupancies] and even some who just live alone come to Buster’s just for company," she told us.

One 31-year-old homeless client at Buster’s told us he has been in and out of shelters and illegal housing for most of his life. He has been staying at Buster’s occasionally over the past year and hopes to get his own apartment.

"When I don’t have a place to stay, I get suicidal," he told the Guardian on a chilly night outside Buster’s. "More people are going to die on the street if this place closes."

Moth Madness

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Good to see the plan to spray the Bay Area with Little Brown Apple Moth-related pesticide get major ink in the Chronicle.

While the debate rages over as to whether spraying a pheromone-containing pesticide over urban areas is an efficient and public health-protective way to deal with the moth, one thing is for sure.

Having small planes fly low over your home for hours on end is extremely unpleasant.

“It was like an air raid,” is how a friend who lives in Santa Cruz described her experience of the aerial spraying that took place in Santa Cruz last fall, using crop dusters. in a questionable effort to completely eradicate this tiny moth.

“Their engines sounded like motorbikes, only overhead,” says my source, adding that though she did experience any adverse health effects, “the experience was very invasive.”

“The worst part is knowing it could happen again and again, for years,” she adds.

To find out what the California Department of Food and Agriculture is planning for your region, check their website

And to see what citizens opposed to the spraying think, check out the California Alliance to Stop the Spray‘s site.
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Shelter shuffle

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EDITOR’S NOTE Guardian reporter Amanda Witherell and intern Bryan Cohen spent almost a week staying in various San Francisco homeless shelters. To get an unfiltered look at the conditions, they didn’t identify themselves as journalists, so some names in this story have been changed to protect people’s privacy. Their undercover reporting was supplemented with extensive research and on-the-record interviews with key officials, providers, and recipients of homeless services.

>>Read Amanda Witherell’s nightly shelter journals, with photos

>>Read Bryan Cohen’s nightly shelter journals, with photos

>>Homeless people share their stories

>>The mayor’s Feb. 14 press conference about homeless shelters

It’s about quarter past seven on a Thursday night, and I’m late for curfew. Not even during my wildest high school days did I have to be home by a certain time, but tonight, 29 years old and sleeping in a homeless shelter, I’m supposed to be in by 6:30 p.m.

Heading down Fifth Street toward the shelter, I wonder what I’ll do if I lose my bed for being late. Can they set me up at a different shelter? Will I have to head back to a resource center in the Tenderloin or the Mission District to wait in line for a reservation somewhere else? Either way, I could be walking the streets for the next few hours, so I adjust my heavy backpack for the journey. Waiting to cross Bryant Street, I stare up at the large, hulking building with its utilitarian name, Multi-Service Center South, and notice there are no shades on the windows in the men’s dorm. Since it’s lit from within, I can clearly see someone standing beside his cot, clad in nothing but blue plaid boxers, obviously unaware that he’s so exposed. I wonder if the windows would be shaded if it were the women’s room. Maybe that’s why we sleep in the basement.

Inside the door I shed my pack and step through the metal detector. The security guard dutifully pats it down and pushes it back into my arms. At the desk I give the last four digits of my Social Security number and am checked in. No questions about being tardy. I’m in.

I’m also late for dinner. A staffer hands me two unwrapped sandwiches from a reused bread bag under the counter. Ham, mustard, and American cheese between two pieces of cheap, sliced bread. After two days in the shelter I still haven’t seen a piece of fruit or a vegetable. I wrap the sandwiches in the newspaper under my arm and head down to my bunk. On the stairs I pass a guy and nod hello. He nods back, then calls out, "Hey, can I ask you something?"

I turn. "Sure."

"What’s a nice girl like you doing in here?"

I shrug and step back, unsure of what to say.

"I’m not trying to mess with you," he says. "I’m not fucking with you. I don’t do drugs. I’m straight. I don’t mess with anything," he goes on, trying to reassure me.

I believe him and dish it back. "Then what’s a nice guy like you doing in here?"

He laughs and shrugs. He tells me he doesn’t really stay here. It’s just for a couple of days. He lives in a $200 per week hotel in Oakland, but if he stays there more than 28 consecutive days, it becomes residential and the rates go up, so he clears out for a few days every month and comes here. The hotel’s nicer than this, he claims. It’s clean and safe, and he has his own space. "I can walk around in my underwear," he says.

We sit on the stairs, talking about how you lose all your privacy when you stay in a shelter, how the regimentation is reminiscent of prison. There are no places to go and be on your own, rest, and be quiet. Once you’re in for the night, you can’t leave except to step out for a smoke.

I ask if he has a job. He tells me he’s a chef for Google. I raise an eyebrow, recalling that the company’s stock is hovering somewhere between $600 and $700 per share right now. The pay isn’t the problem — he gets $16 an hour, but he’s been out of town for a while, caring for a sick family member, and has just returned. He got his job back, but only part-time, and he lost his home.

He’s wary of being on welfare — that’s not the way his mother raised him — but he’s in the County Adult Assistance Program, which gets him $29 every two weeks, a guaranteed bed at the shelter, and a spot on a waiting list for a single-room-occupancy hotel room, the bottom rung on the permanent-housing ladder.

What he really wants is a studio, but his searches haven’t turned up anything affordable. He needs a little boost of cash for a security deposit on an apartment, but when he asked the General Assistance Office if it could help him out with that, the answer was no.

His brow furrows with concern, and then the conversation turns to me. "You got a job?" he asks.

What can I say? I’m a reporter for a local newspaper. I’ve heard that some of the city’s homeless shelters are lacking basic standards, accessing a bed can be complicated, and services are scattered. I thought I’d come find out for myself.

Here’s what I learned: San Francisco has a cumbersome crazy quilt of programs, stitched together with waiting lists and lines. Policies that are written on paper and espoused in City Hall are often missing in shelters. Some rules don’t seem to exist until they’ve been broken. Others apply to some people, but not all. Getting a bed is a major hurdle, and I say that as a stable, able, mentally competent, sober adult.

And once you’re in, it’s sort of like sitting in a McDonald’s for too long. Years ago a friend told me the interiors of fast food restaurants are deliberately designed to make you feel a little uncomfortable. They don’t want you to get too cozy; they want you to eat and leave, making way for the next hungry mouth they can feed.

In other words, shelters are designed to make people not want to use them.

The only information I took with me was a one-page handout I got from a San Francisco Police Department Operation Outreach officer. He said it’s what cops and outreach workers give to people they come across who are sleeping on the streets. I figure if it’s good enough for them, it’s all I need to navigate the system.

The map, as it were, is a cramped, double-sided list of places to get free meals, take showers, store your stuff, sober up, and, of course, get a bed.

For the bed, it instructs, you have to go to a resource center and make a reservation. Some of the resource centers are also shelters. Some aren’t. Some are just reservation stations. They all have different operating hours and are located all over the city, but mostly in the Tenderloin and South of Market.

It takes me a while to puzzle out which ones are open, where exactly they are, then which is closest to me. Phone numbers are also listed, so I assume it’s like making a hotel reservation and dial one up on my cell phone.

The first number doesn’t work. There’s a digit missing. Dialing methodically down the list, I discover that none of the numbers connect me to a person. This is obviously not the way to go.

The way I ultimately get into a shelter is not the way you’re supposed to. In San Francisco’s system, you’re not supposed to just walk up to a homeless shelter and get a bed, but that’s what I do.

At first the woman behind the counter at MSC South tells me the only open beds are across town, at Ella Hill Hutch in the Western Addition. Then another staffer looks at the clock and says he’s not sending me out there. He’ll "drop" beds instead.

The city’s 1,182 beds for single adults are managed through an electronic database called CHANGES. It’s a modern-day improvement on people roaming from shelter to shelter everyday, putting their names on lists for possible beds. Launched in 2004, CHANGES now does that electronically and maintains profiles of people who use the system. If you’ve been kicked out of a shelter, missed your tuberculosis test, or not shown up for curfew, CHANGES knows and tells on you.

Every day around 8 p.m. shelter staff trawl through the reservations and drop the no-shows, cancellations, and reservations that have expired or whose makers have moved on to hospitals, rehab, the morgue, or — less frequently — housing.

MSC is allowed to make reservations for any shelter except itself — that’s against policy. I learn this the next morning, and I’m told it’s because there’s too much corruption and favoritism. MSC is apparently one of the better shelters, so to keep clients from cutting deals with staff, the policy doesn’t allow clients to reserve a bed there.

But after half an hour the staffer hooks me up for a two-night stay, bending the rules to do so. While I’m waiting, he turns away a client who had a seven-day bed but didn’t show up the previous night. The guard confiscates his fifth of vodka, and he gets an earful about drinking.

When the city’s shelter system was born in 1982, it was first come, first serve at the doors of churches and community centers. President Ronald Reagan’s cuts to federal domestic spending landed hard on low-income people, so then-mayor Dianne Feinstein called on local organizations to temporarily house and feed the growing number of street sleepers.

Throughout the ’80s wages stagnated while the cost of living soared: between 1978 and 1988 the average rent for a studio apartment in San Francisco jumped 183 percent — from $159 a month to $450. Twenty years later it’s $1,114. In 1978 the Housing and Urban Development budget was $83 billion. Today it’s $35.2 billion, almost nothing by federal budgetary standards, and almost no new public housing units have been built since 1996, while 100,000 have been lost.

Every year the federal government spends almost twice as much on a single attack submarine as the Department of Housing and Urban Development spends on homeless assistance. State and local governments have been left to pick up the hefty price tag.

San Francisco spends more than $200 million on homelessness, through services, financial aid, supportive housing, emergency care, and shelter beds. There are 13 city-funded shelters, four resource centers, and three reservation stations in San Francisco. The Human Services Agency spends $12.5 million per year on shelters through contracts with nonprofit managers. The Department of Public Health also manages two contracts, for a battered women’s shelter and a 24-hour drop-in center.

But it’s not enough: the nonprofits supplement operating expenses with grants and private donations and recently relied on a special allocation of $300,000 to purchase basic supplies like soap, towels, hand sanitizer, sheets, pillows, and blankets.

James Woods, a spry 51-year-old wearing a red Gap parka barely zipped over his thin, scarred chest, rattles off the places he’s lived: Detroit, Atlanta, Seattle, San Francisco, Louisville, Ky., and his hometown, Nashville, Tenn. "Out of all the cities I’ve been in, this is the only city where you have to go and make a reservation for a bed at the rescue mission all the way across the city in order to come back to the place you started," he says, jabbing the floor of MSC with his cane. "I can’t even make a reservation here for a bed here. They’ll send me across the city to another place to do that."

Woods has been pounding the pavement between MSC and the Tenderloin AIDS Resource Center for eight months. Every day around 3:30 p.m. he heads to the Tenderloin, where he gets in line for a bed. Woods has a fractured hip and arthritis, pins in his knees and feet, and hepatitis C. He’s been HIV-positive since 2002. He walks with a limp that can transform into a springy, stiff-legged canter when he chases the 27 bus down Fifth Street.

Rather than tote all of his possessions with him, he hides them in the drawer of an emergency bed at MSC, so it’s imperative that he get back there every night. Sometimes he waits hours for an MSC bed to open up.

Though Woods speaks highly of some city services, swooning a little when he mentions his doctor at the Tom Waddell Health Center, the daily bed hunt has left him exhausted and disgusted with the city. "They’ve got the program designed to run the homeless off," he says. "They have it as hard and difficult as possible for you to take a breath, take a rest, get a routine."

While a person can reserve a bed for one to seven nights and, if on General Assistance, make arrangements through a caseworker for 30- to 90-day stays, Woods has rarely been able to procure a bed for longer than one night. "Maybe twice I’ve gotten a seven-day bed," he says.

The inability to connect people with beds is not lost on city officials. Mayor Gavin Newsom’s recently hired homeless policy director, Dariush Kayhan, told me, "I really want to solve the issue of the juxtaposition of vacant beds and homeless people on the streets. That to me is untenable."

However, he only discussed the issue in terms of people who’ve chosen not to use the shelters and are sleeping in the street. To him, empty beds signify that there’s more than enough shelter for people. "At this time there’s no plan to expand any shelter beds, and I think homeless people, in many ways, many of them vote with their feet and have decided that shelter’s not for them," he said.

But the Guardian found that even if you are willing and waiting for a bed in a place where someone can presumably connect you with one, it often doesn’t happen.

According to the 2007 Homeless Count, there are 6,377 homeless people in San Francisco. The nine year-round single-adult shelters have enough beds to accommodate one-third of that population. Other emergency facilities shelter some of the overflow on a seasonal basis. The remaining homeless sleep in jails and hospitals, respite and sobering centers, parks and sidewalks.

People also pile up at Buster’s Place, the only 24-hour drop-in resource center in the city, where they slump all night in chairs, forbidden by staff to sleep on the floor.

It took Guardian writer Bryan Cohen five nights to find a spot at a shelter. He spent Jan. 20 and 21 at Buster’s waiting to see if a bed would open up. None did. According to the shelter vacancy report for those two nights, there were 108 and 164 beds set aside for men that went unfilled. On an average night this January, a month marked by cold weather and flooding rain, 196 beds were empty.

Buster’s does not have access to CHANGES but can apparently call shelters and ask about empty beds. I was at the Providence Foundation shelter one night and overheard a call come through and shelter staff tell whoever rang that no, they couldn’t bring more people here. There were four empty mats beside me.

Laura Guzman, director of the Mission Neighborhood Resource Center, said CHANGES was a breakthrough in getting people into beds, but when it was first launched in 2004, things were different. "You had a choice. Shelter of choice was much easier to achieve. Then Care Not Cash happened," she said.

Most of the city’s beds are assigned to beneficiaries of certain programs, like Swords to Ploughshares and Newsom’s signature plan Care Not Cash, or to people with mental health or substance abuse issues who have case managers.

Though beds can be turned over to the general public when they are dropped after curfew, one wonders how effectively that happens.

The challenges are worst for Latinos, refugees, and immigrants, who face language barriers and the potential hurdle of illegality.

As a result, they flood one of the few places they can get in. Dolores Street Community Services reported the second-lowest vacancy rate in January, just 5 percent. The 82-bed program hosts a waiting list and is one of the more flexible in the city — deliberately so, as many of its Latino participants have jobs or work as day laborers. Marlon Mendieta, the executive program director, says, "They have a plan and just need to save up some money to move into a place."

However, rising rents have made moving on difficult. "We have people who are basically just cycling from one shelter to another," Mendieta said. "We see some who exit our shelter, find housing, but might end up back at the shelter if rent goes up or they lose work."

Providence is one of the sparest of homeless facilities and is located in a Bayview church. Unlike at other shelters, there’s no hanging out here. When the doors open at 9:30 p.m. about 90 people with reservations are already lined up in the rain on its dark side street.

We receive one blanket apiece, and the men shuffle into the gym while I follow the other females into a smaller side room, where 12 mats are laid out on two ratty tarps. Several women immediately lie down, speechless.

The cook gives a quick blessing when plates of food arrive on two sheet pans: spaghetti, heavily dressed salad, limp green beans mixed with cooked iceberg lettuce, and a very buttery roll. It’s all heavy and slightly greasy, but also warm and a closer approximation of a square meal than any of those offered by the other shelters I’ve stayed in so far.

Moments after I finish eating the lights are turned off, even though a couple of women are still working on their meals. A shelter monitor comes through and confiscates our cups of water, saying she just refinished the floors in here and doesn’t want any spills. I notice that unlike at other shelters where I’ve stayed, none of the women here have bothered to change into pajamas. Some haven’t even removed their shoes. I follow suit, tucking my jacket under my head for a pillow and pulling the blanket around me.

When the lights come back on at 5:45 a.m., I understand why no one changed: there’s no time to get dressed. Shelter monitors enter the room, rousting sleepers with catcalls to get up and get moving. One turns on a radio, loud. They’re brisk and no-nonsense, grabbing blankets and shoving them into garbage bags, pulling mats into a stack at the edge of the room.

A woman becomes perturbed by being hustled and talks back to the shelter monitor. A verbal battle ensues, with the client picking up her mat and throwing it across the room, scattering her possessions. "What a woman, what a woman," the shelter monitor yells. "We’ll see if you get a bed here tonight."

Another staffer comes through with a toxic-smelling aerosol, which she sprays around us as we get ready to leave. The bathroom, the cleanest I’ve come across in the city’s shelter system, is still a clusterfuck as a dozen women wait to use the three toilets and two sinks. One stall has a broken door, and the only morning conversation is apologies to the occupant.

Even though the contract between Providence and the HSA says the former will provide shelter until 7 a.m., it’s a little after 6 a.m. and all 90 of us are back out on the street, rubbing sleep from our eyes, shivering in the dark dawn, and waiting for the Third Street T line. When the train comes, most of us board without paying and ride back toward the city center to get busy finding some breakfast and making preparations for where to stay tonight. I have four hours before I have to be at work.

Shucrita Jones, director of Providence, later tells me the shelter’s materials have to be cleaned up by 7 a.m. because the church is booked for other activities. "We turn the lights on at 6. The clients have at least until 6:10 to get up. We encourage everyone to be out of there by 6:15 so we can be clear of the building by 6:30," she says. To her defense, she adds that the shelter monitors often let people in earlier than the contracted time of 10 p.m. and that when the weather is particularly nasty she’ll open the doors as early as 8:30 p.m. to let people in out of the cold.

As for the discrepancy between empty mats in the shelters and people going without beds, she blames the reservation system. "CHANGES has a lot of glitches," she says. "It’s got a lot of errors the city and county [are] trying to fix."

What I witness isn’t as bad as what I hear. In the shelters everyone has a horror story — some are about how they got there, others about what’s happened to them since they arrived. Nearly all include a questionable experience with staff — from witnessing bribes for special treatment to being threatened with denial of service for complaining. Their observations echo mine: the administration and certain high-level staffers exhibit genuine concern and an ability to help when you ask, but lower-tier workers aren’t as invested in providing good service.

Tracy tells me she sent her daughter to private school and considers herself a victim of the dot-bomb era and an illegal eviction that landed them at the Hamilton Family Center. "We were given one blanket. It was filthy. It had poo on it, and, I’m not kidding, there were even pubic hairs," she says.

She describes the shelter’s intake process as similar to that of jail bookings she’s seen on television. Six days later she and her child were thrown out. No reason was given, though she’s convinced it’s because a staff member overheard her complaining about a recent incident involving another client sneaking in a gun. When she was told to leave immediately, she wasn’t informed that she had the right to appeal. So she and her daughter hastily gathered their things and hit the dark Tenderloin streets.

A grievance system exists for people who’ve been hit with denial of service, or DOS’d, the colloquial term for kicked out. But the process can take months. Shelter managers I spoke with don’t deny that stealing is rampant, favoritism exists, and complaints occur — the greatest number about staff and food.

General complaints are supposed to be handled within the shelter, though they may be copied to the city’s Shelter Monitoring Committee. The SMC submits quarterly reports to the Board of Supervisors, Mayor Newsom, and the public, which show regular instances of inconsistent and unsafe conditions, abusive treatment, and a lack of basic amenities like toilet paper, soap, and hot water.

Those reports prompted Sup. Tom Ammiano to sponsor legislation mandating standards of care for all city-funded shelters (see "Setting Standards," 1/30/08). The new law would create baseline standards and streamline a complaint and enforcement process.

According to the HSA, many of these standards are already policies included in the contracts with the nonprofits that run the shelters, requirements such as "provide access to electricity for charging cell phones."

During my stay at the Episcopal Sanctuary, I asked the shelter monitor on duty where I could plug in my cell phone and was told I couldn’t. When I asked why not, the only reply was that it’s against shelter policy. At Ella Hill Hutch Community Center, Cohen was told he could plug in but at his own risk — his unattended phone would probably be stolen.

I reviewed all of the contracts between the city and the nonprofit shelter providers, as well as the shelter training manual that’s given to staff. I was unable to find the same list of policies the HSA gave to the budget analyst. I asked HSA executive director Trent Rhorer how these policies have been communicated to the shelter staff, but he did not respond by press time.

While the ability to charge a cell phone seems relatively minor, its ramifications can be huge. The first time James Leonard met with his case manager at Next Door shelter, he knew exactly what he needed to get back on his feet: bus fare to get to and from three job interviews he’d already scheduled, a clothing voucher so he’d have something nice to wear when he got there, and a couple of dollars for the laundry facilities at the shelter. He also needed to charge his cell phone to confirm the interviews. He said he was denied all four things.

The standards of care, if passed, could improve access to those basic provisions, but some in the Mayor’s Office have balked at the estimated $1 million to $2 million price tag. The budget analyst’s final report is scheduled for release Feb. 14, in time for a Feb. 20 hearing at the Budget and Finance Committee.

Deborah Borne, medical director of the DPH’s Tom Waddell clinic, is a proponent of the standards from a public health perspective. "For me, I’m looking at decreased funding and how can I best affect the most population with what remains," she said.

Dirty shelters can help spread disease outside their four walls, as clients leave every day to use municipal services like buses, libraries, trains, and restaurants, which we all enjoy. Borne says this is something that’s been tackled by other facilities that house large numbers of people and is long overdue in the shelters.

"You can argue about whether we should or shouldn’t have shelters, but there are no city, state, or federal regulations for them. There are tons of regulations for the army, for public schools and colleges, but we put people in shelters and there’s none," she said. To her, San Francisco is on the cutting edge of care with this legislation. "I can’t wait until we do this on a state level," she said.

Kayhan said he and the mayor support the spirit of the legislation and have no problems with most of the no-cost items, but the price tag for staffing, training, and enforcement is a concern. "I think when you’re looking at how much money you’re going to spend on homelessness overall," he told us, "I would rather allocate additional resources to create another unit of housing for someone as opposed to enhancing the service model of the shelters."

Every day he’s on duty in the Tenderloin, police captain Gary Jimenez comes across homeless people — or people who seem homeless but aren’t.

"One day on Turk Street, I came by a long line of people drinking. I was walking with a Homeless Outreach Team officer, and he said he knew them all. Only about 20 percent of them were actually homeless. They don’t want to sit in their rooms drinking. We give people housing but we don’t acclimatize them, get them used to being inside. They want to do what they’ve been doing, and they go out on the streets to do it. It’s social," he said.

Larry Haynes agrees. "It’s lonely and depressing in your room," he says. He lost his Beulah Street apartment through an Ellis Act eviction and has been living in the Vincent Hotel for three years, after a nine-month stint in the shelter system. He’s a tenant representative now, advocating for improved conditions in the SROs, which still beat the shelters.

"The criticism I hear from people on the streets is that there are some good shelters but you can’t get in them," Jimenez said. "Then there are shelters that are open that you can go to, but you wouldn’t want to because they’re really bad."

He tells me he’s visited shelters but finds it difficult to get a feel for how valid the complaints are. "I can’t tell without waking up there or knowing what it’s like to be thrown out on the street at 6 a.m. in the cold when there’s nothing open," he said.

The Shelter Monitoring Committee has requested that HSA staff stay in shelters at least once to get firsthand experience, but it’s yet to receive confirmation that this has occurred. When we asked Rhorer about the policy, he said, "There are 1,800 employees who work for HSA, so there is no way of knowing if any of them have been homeless and used the shelter system."

In our first conversation, Kayhan told me he had never stayed in a shelter. In a later interview, when I asked what he thought about the public perception of the shelters, he said, "I’m just not sure that the criticism that I hear around the shelters as being dangerous hellholes — or whatever has been said — matches what I see in the shelters or what I read with respect to incident reports or what I hear at the Shelter Monitoring Committee or at the shelter directors’ meetings. So perception is reality."

"Housing first" has been Mayor Newsom’s modus operandi for handling homelessness, and it’s a good one — the idea being to stabilize people, whatever condition they’re in: drunk or sober, clean or using, ill or able, young or old, alone or with family.

The city’s 10-Year Plan to End Chronic Homelessness, released in 2004, recommended 3,000 units of supportive housing to get the chronically homeless off the streets. Kayhan confirms the Mayor’s Office of Housing is on track to meet that goal through master-leasing SROs and building or renovating new affordable units, where occupants will get supportive services.

The chronically homeless, a catchall term for folks who stick to the streets and don’t or aren’t able to use the system, have been the mayor’s target and Kayhan’s priority. This makes sense because they’re the most visible face of homelessness.

Last year’s city budget allowed a tripling of staff for the Homeless Outreach Team, which works diligently to move the most entrenched homeless off SoMa side streets and out of encampments in Golden Gate Park. A special allocation of shelter beds was set aside for them, and those who refused shelter were put directly into stabilization units in SROs, bypassing the shelter system entirely.

For some, this has been great. It’s how Leonard finally started to make some progress. He bailed on the shelters after having his possessions thrown out three times by staff and hit the streets, where HOT found him, deemed him "shelter challenged," and moved him into a stabilization unit.

"I feel almost as good today as the day before I became homeless," he tells me one afternoon in January. The Bay Area native is hoping to transition into a subsidized rental soon.

Twenty-five percent of shelter staff are required to be homeless or formerly homeless. Some shelters hire up to 80 percent. Tyler is one of them — he lives at MSC South but works for Episcopal Community Services, which runs Sanctuary, Next Door, and the Interfaith Emergency Winter Shelter Program. He shows me his pay stub to prove it, and I note that every two weeks he takes home more than I do. "Yeah, I make good money," he agrees.

He’s been looking for an apartment, but rents are high and he hasn’t found anything good. A plan to move in with a family member fell through, so he’s just hanging out on the housing wait list. "What I really want to do is see what they’re going to do for me. I’ve been on [Personal Assistance Employment Services] for six months. Where is my SRO if I can afford to pay for it? So obviously that shit doesn’t work," he says.

He’s bitter about the effect the Golden Gate Park sweeps have had on the SRO stock. "They got SROs right away," he said of the 200-plus people who were removed from the park by HOT, put into stabilization beds, and transitioned to SROs. "They took them right away ’cause Gavin had to clean that shit up," he says.

Tyler, like many people I spoke with, keeps as sharp an eye as possible on City Hall. They read the papers and have opinions informed by firsthand experience about programs like Care Not Cash. They know Kayhan is making $169,000 per year and they’re making $29 every two weeks.

One morning, coming out of the bathroom at Sanctuary, I stop to study a posting for affordable housing on a bulletin board. It’s a studio for $863 per month, more than I pay for my one-room Mission flat. The longer I stay in the shelters and the more people I talk to, the less secure I feel in my economic stability.

Ruby Windspirit has been homeless since Jan. 14, two days before I started my tour of the shelters. The 59-year-old Irish Navajo was attending school in Portland, Ore., studying photography and science, when she became ill with bone cancer. She came to San Francisco to convalesce closer to her daughter, who lives in a one-bedroom apartment in the Castro with three other people.

Windspirit knew she couldn’t stay on the couch for too long and made a reservation for a $27 per night hotel in the Tenderloin. Despite the reservation, she couldn’t get in for two days and the bed she was ultimately given was two box springs with a piece of plywood for support. The sheets were dirty. She left after two weeks and entered the shelter system. She says Next Door is "150 percent better" than the hotel. She has a bed off the floor and the extra blanket her doctor recommended, though she was scolded for trying to plug in her phone.

I try to imagine what people like Windspirit would do if there weren’t shelters. But the Ten Year Council also recommended a phasing out of shelters within four to six years, to be replaced by 24-hour crisis clinics and sobering centers.

There are 364 fewer shelter beds in San Francisco than when Newsom became mayor. This year more may go. The city is currently requesting proposals to develop 150 Otis, which serves as a temporary shelter and storage space for homeless people, into permanent supportive housing for very-low-income seniors. About 60 shelter beds will be lost.

The HSA confirmed there are currently no plans to open any more shelters in San Francisco. The last plan for a new shelter — St. Boniface — fell through, and the money that was set aside for the project still languishes in an HSA bank account. Midyear budget cuts proposed by the mayor put that money on the chopping block.

Buster’s Place is also on the list of cuts. By April 15, the only place where someone can get out of the elements at any time, day or night, could be closed for good.

Kayhan, who previously oversaw Project Homeless Connect, Newsom’s private-sector approach to the problem, agreed that shelters will always be needed. What he worries about are the people who become dependant on them and refuse housing offers, although he’s also thinking about ways that shelters could be more amenable.

"I’d like to look at the next step with Homeless Connect to try and institutionalize that in the way we do business specifically in the shelters," he said, imagining a shelter pilot of one-stop shopping for services.

But just three weeks into his new job Kayhan was reaching out to constituents to try to figure out what isn’t working. He told us, "What I’m trying to do since I came into this position is be on the street and measure the impact the system is having on those that are on the street day in and day out and try to see what part of the system isn’t working properly or needs to be resourced differently so that we don’t see homeless people, long term, on the streets."

One night at MSC, in the bathroom before bed, a young woman tells me her story while I brush my teeth and she washes off her makeup. Not too long ago she drove here from Florida to meet up with her boyfriend. They were hanging out on the street one night when a cop came by, cited him for an open container, and discovered he had a warrant. Now he’s in jail in San Rafael.

She started sleeping in her Suburban while she looked for job and a place to stay. One night while she slept, parked at Castro and Market, she was hit by a drunk driver. She lifts a hank of long blond hair and shows me a bright pink tear of stitches above her temple. An ambulance took her and the drunk to the hospital. Her totaled car was towed. When the hospital found out she had no place to go, it sent her here.

"Now I’m in a fucking homeless shelter," she says, genuinely aghast at the situation and truly lost about what to do. She has her bed for five more days.

She could get a job. She says, "I have hella references," from working in restaurants for years. She could sleep in one of her friends’ cars, but it seems like so much work: waking up in the car, going to a resource center or shelter to wash up, then going to work.

We joke about living in the shelter. "Yeah, you can come over," she imagines telling her friends. "Dinner’s at 4:30."

"You’ve got to leave by 10," I say.

"It’ll be fun. We can hang out and smoke on the patio," she says.

I don’t know what else to say, except "Good luck." I know what it’s like to chase a boyfriend to San Francisco. I remember sleeping in my car when I was 21, during a strange time between graduating from college and getting a place to live for the summer in a town where housing was tight. I think about my little sister, packing up her Subaru one day and taking off to Miami, where she didn’t know a soul. You have a little money, a lot of hope, and that youthful sense of invincibility, but sometimes it all comes down to luck.

I bid her good night, pack up my toiletries, and wipe my face with my shelter-issued towel. It smells vaguely of bleach and shit.

› amanda@sfbg.com

Bryan Cohen contributed to this report.

Cleaning up the shelter mess

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EDITORIAL Shelters aren’t a solution to homelessness. Everybody knows that; everyone agrees. But in San Francisco the shelter system that was set up as a short-term patch to address the growing number of homeless people on the streets in 1982 has, over a quarter century, become a fixture of city life. And as long as the federal government continues to abandon cities and affordable housing and create poverty, this is not likely to change any time in the immediate future. Even the most ambitious local housing program — and there will be a fairly ambitious one on the November ballot — isn’t going to create an immediate and permanent place for all of the 8,000 or so people in this city who can’t afford a place to live.

So shelters are going to be with us for a while — and it’s inexcusable that the city continues to operate them under such horrible conditions.

As Amanda Witherell reports in this week’s cover story, the shelter network is a bureaucratic nightmare. Clients get bounced all over town, it’s almost impossible to reach any of the shelters by phone, and the directions you have to follow to get a bed are complicated and confusing. Although everyone knows that shelters are now more than temporary housing, it’s hard at some shelters to get a bed for more than one night; lots of homeless people spend four or five hours per day waiting in lines for a shot at a bed (and even after that, some wind up not getting a place to sleep). The shelters — mostly run by nonprofits under city contracts — have the feel of prisons; they are strictly regimented and often unsafe and lack even basic amenities like soap. Clients often have to ask for toilet paper.

In 2006 the city’s Shelter Monitoring Committee found that only 6 of the 19 San Francisco homeless facilities met even basic standards for hygiene and sanitation. Fifty-five percent of shelter clients who participated in a May 2007 survey by the Coalition on Homelessness reported some kind of physical, sexual, or verbal abuse. One-third had no access to information in their native language. Thirty-five percent had nothing to eat.

It’s no surprise that many homeless people would rather sleep in Golden Gate Park — and as long as the abysmal conditions persist, that problem will continue.

The city’s not in the position to create luxury hotels, but it can make the shelters a lot less degrading, dehumanizing, and unpleasant. Sup. Tom Ammiano has already vowed to introduce legislation that would mandate minimal standards of care, and the Board of Supervisors needs to pass a tough bill as soon as possible.

Among the things that need to be addressed:

Basic public health The Department of Public Health is concerned that the shelters can be breeding grounds for disease, and that’s a serious problem: there have been some close calls with tuberculosis, and bedbugs are a chronic issue. Many of the shelters lack such basic supplies as hand sanitizer, soap, rubber gloves, and clean towels. For just $15,000, public health nurses from the city’s Tom Waddell Health Center, working on a pilot project, were able to make significant inroads in hygiene and sanitation in two shelters. They’re now moving on to attack bedbugs and scabies. That approach should immediately be expanded to every shelter in the city.

Safety Some of the shelters, particularly the men’s shelters, are lacking in basic security measures. It would be nice to have full-time security staff in every facility, but that might be expensive. At the very least, the staffs need more security and violence-deescalation training, the centers need to have operating and functional locks, and the city needs to mandate that the places are safe enough that clients aren’t afraid to stay there.

A ridiculous bureaucratic labyrinth and lack of coordination Nobody should have to stand in line for three hours per day just to get a reservation for a shelter bed. Nobody should have to trek across town (on foot or on Muni, without the bus vouchers that the shelters ought to be giving out) from one shelter or homeless service center to another just to find out where to stay. There ought to be a one-stop shop (or a series of them) where a person can check in anytime during the day, find a shelter, line up a bed, get a ticket, and be on his or her way. City officials don’t talk much about this, but many of the shelter residents have jobs; they go to work all day but still can’t afford a place to live in San Francisco. The hoops they have to jump through make the system brutally unfair.

A lack of reality Mayor Gavin Newsom says he wants to get beyond the shelters, to use them only as entry points into a system that will find treatment, counseling, job training, and permanent housing for all homeless people. We want that too. So does just about everyone who cares about this issue.

But the mayor also talks about getting rid of aggressive panhandling, and he and his supporters complain about the people on the streets who hassle tourists. And nobody seems to want to admit that many of the folks who are typically lumped under the term homeless actually have homes.

The city has managed to lease, renovate, and otherwise make available hundreds of single-room-occupancy rooms, and quite a few formerly homeless people have found long-term residences there. But the mayor’s Care Not Cash policy ensures that most of the modest welfare payments these people get are seized by the city for their housing, leaving them with nowhere near enough to survive. So they panhandle — is anyone surprised?

It may sound radical, but if the city, state, and federal cash grants to people who for whatever reason can’t find work were increased to a level that would support a tolerable lifestyle in one of the world’s most expensive cities, a lot of the quality-of-life problems Newsom bemoans — and that the city spends millions trying to mitigate with law enforcement resources — might go away.

Meanwhile, the shelter residents who do have jobs or who are looking for jobs spend so much of their lives trying to navigate a Byzantine system that they have little in the way of waking hours to improve their economic prospects.

The disaster that is San Francisco’s shelter system is the legacy of many years of public policy that allowed the interests of developers, landlords, and speculators to trump the needs of the city as a whole. The housing crisis isn’t going away tomorrow — but the victims have a right to a basic level of human decency. The supervisors need to make that happen, with dispatch.

Political football season

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› sarah@sfbg.com

With Mayor Gavin Newsom predicting a big budget deficit and seven Board of Supervisors seats up for grabs, everyone knew 2008 would be acrimonious.

But few suspected the war between Newsom and the supervisors would get so nasty so soon, even before the lunar Year of the Rat had officially dawned. The most telling development was the swift and nasty retaliation board president Aaron Peskin endured after he requested that Newsom return the $750,000 the mayor siphoned from the San Francisco Municipal Transportation Agency to pay the salaries of seven mayoral aides.

At the Jan. 29 Board of Supervisors meeting, Peskin publicly called for "an end to the budget shell game that has resulted in monies being shifted from Muni and other city departments to fund political employees who do not work for or directly improve services for the departments paying for their positions." Newsom’s predecessor, Willie Brown, was the master of such budget games, but Peskin said, "There are those who defend this shell game by saying it is a long-standing practice here at City Hall. That may be true. But it doesn’t make it right."

Peskin’s demands came at a horribly awkward moment for Newsom: two months earlier the newly reelected mayor announced an immediate hiring freeze and across-the-board cuts to city departments, citing a projected $229 million budget deficit in fiscal year 2008–09. His administration blamed this looming deficit in part on the creation of 700 new city positions, including 100 new police officers and 200 public health nurses, plus pay raises for nurses, firefighters, and police officers.

Also blamed were a projected windfall loss of property transfer taxes and a bunch of voter-approved spending requirements, including the November 2007 voter-approved and Peskin-authored Proposition A, which transfers $26 million more annually from the city’s General Fund to the MTA.

Newsom press secretary Nathan Ballard defended the use of MTA funds to pay mayoral staff salaries, claiming that all but one of the positions have a direct relationship to the work of the MTA, including the new director of climate change initiatives, Wade Crowfoot. "I know it’s not pretty, but it is an efficient way of getting city business done. We are following the letter and the spirit of the law," Ballard reportedly told the San Francisco Chronicle.

But within a week the mayor’s point person on transportation, Stuart Sunshine, announced he’ll be leaving City Hall in February, while the Mayor’s Office scrambled to explain why Brian Purchia, who developed Newsom’s reelection campaign Web site last year and who last month started working in Newsom’s press office for $85,000 per year, was hired as an MTA employee.

"The MTA has not and will not be paying any part of his salary," Ballard responded by e-mail Jan. 24 to a Guardian inquiry. "As of January 28, Purchia will be on a Mayor’s office requisition." Ballard also blasted Peskin in the Chronicle and the San Francisco Examiner, using incendiary language normally reserved for political campaigns and rarely employed by city employees talking about the president of the Board of Supervisors.

Retaliation for Peskin’s publicly announced MTA refund request has also included two splashy Chronicle hit pieces attacking Peskin and the board that ran on the front page, above the fold, on two consecutive days. One includes a photo of Peskin alongside extracts from a five-month-old letter that was possibly leaked by the Mayor’s Office (the confidential letter was copied to Newsom chief of staff Phil Ginsburg) in which Port of San Francisco director Monique Moyer alleges that Peskin made bullying late-night phone calls last August, when the Port was trying to get a measure passed to increase building heights along the Embarcadero — a land-use issue that was resolved last year.

But Peskin isn’t the only elected official to get his wrists slapped by the mayor in recent weeks.

In mid-January, Newsom upbraided San Francisco’s entire delegation in Sacramento for lending their support to the board-approved affordable-housing City Charter amendment, which will be on the November ballot and seeks to set aside $33 million annually in affordable-housing funds for the next 15 years.

As Sens. Carole Migden and Leland Yee and Assemblymembers Fiona Ma and Mark Leno noted in a Jan. 7 letter to Peskin, local voters have not approved a renewal of the 1996 housing bond, and the board’s proposed amendment builds on prior successful ballot measures to fund libraries, parks, and children’s programs, which have been successfully implemented without significant budget impacts.

But Newsom wrote the delegation Jan. 11 to express his "disappointment."

"I cannot support the Charter Amendment, because it has significant implications for the future fiscal health of our City and the backbone of our public health care system — San Francisco General Hospital," Newsom claimed, noting that the General Hospital bond is also on the November ballot. Then again, Newsom is also backing a Lennar Corp.–financed measure that would approve the building of 10,000 housing units at Candlestick Point but wouldn’t guarantee affordability levels (see "Signature Measures," page 10).

Meanwhile, fearing that Newsom is seeking to exert excessive control over several key commissions, the Board of Supervisors’ progressive majority is seeking to ensure that the seven members of the MTA board are elected officials beginning November 2009 and to divide the power to nominate members of the San Francisco Public Utilities Commission between the supervisors and the mayor.

These moves are coming at a time when Newsom has decided to replace three members of the MTA board who had alternative-transportation credibility but whose loyalty he apparently questioned: San Francisco Bicycle Coalition executive director Leah Shahum, Peter Mezey, and Wil Din. To fill those slots, Newsom appointed disabled-rights activist Bruce Oka, attorney Malcolm Heinicke (both of whom served on the Taxi Commission, which Newsom hopes to merge into the MTA this year), and Jerry Lee, a member of the Transportation Authority’s Citizen Advisory Committee.

But the Board of Supervisors can block the mayor’s MTA picks — and that showdown looks likely, in light of Newsom’s alleged misuse of MTA funds and his refusal to heed Peskin’s call for a mayoral representative to appear before the board to explain Newsom’s vision for the MTA.

Meanwhile, Sup. Jake McGoldrick told the Guardian he introduced a Charter amendment to make the MTA board seats elected positions. He argues that Prop. A not only increased the MTA’s budget but also reduced the board’s MTA oversight, so the body now needs to be more answerable to San Franciscans.

"It’s about not having accountability at the legislative branch," McGoldrick said. "The MTA ridership and residents need to have a way to voice their concerns."

McGoldrick said the mayor’s early removal of MTA members and his raid on MTA funds are troubling.

"Their removal reinforces what’s going on, how the MTA is viewed as a milking machine for the Mayor’s Office," McGoldrick said, noting that he asked for a budget analyst’s report on the MTA several weeks ago to keep the discussion objective and that he also asked for an accounting of the 1,600 to 1,700 jobs that Newsom declared frozen last fall. That report should be available at any time.

"I wanted to see which jobs were frozen and which were defrosted," McGoldrick said, "but I didn’t want it to become a political football."

However, with battles between the board and the mayor likely to get even intenser during the coming budget and election seasons, it’s starting to look like 2008 could be one long political football season.

Setting standards

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› amanda@sfbg.com

Toilet paper. First aid kits. Drinking water. These are just a few of the essential supplies one might expect to find in high-traffic facilities owned or paid for by the city that serve more than a thousand people per night.

But San Francisco’s homeless shelters, which have been around for about 25 years, have repeatedly fallen short of meeting basic standards or even living up to the policies outlined in their city contracts.

Since 2004, regularly scheduled and surprise spot checks conducted by the 13-member Shelter Monitoring Committee have turned up a range of deplorable and deteriorating conditions in regard to cleanliness, nutrition, and humane treatment of residents — from bloody shower curtains and broken toilet seats to clogged drains and kitchen counters cluttered with dirty dishes. A survey of health and hygiene conditions — from functional sinks to the posting of proper hand-washing techniques — found that only 6 of 19 facilities met basic requirements.

"The Shelter Monitoring Committee makes reports to the Rules Committee, and their reports about conditions in the shelters were very, very disturbing," Sup. Tom Ammiano told the Guardian.

To fix that, Ammiano and a cadre of city staff, homeless-rights advocates, and Shelter Monitoring Committee members are drafting legislation that would require shelters to meet basic standards of care, force compliance through $2,500 fines, and formalize a swifter complaint process.

The Health Services Agency last year had $69 million to spend on housing and the homeless, a portion of which funds nine year-round single adult shelters and four family shelters, as well as four resource centers where homeless people may not find a bed but should be able to access other services, like showers, laundry, phones, and the shelter reservation system.

The management of the facilities is contracted out by the HSA to different nonprofit organizations, including some well-known national groups like the St. Vincent de Paul Society and Episcopal Community Services. The Department of Public Health also handles two of the contracts.

Those contracts stipulate a number of policies, including providing clients with access to electricity for cell phone charging, a guaranteed eight hours of sleep per night, toiletries and feminine hygiene products, first aid supplies, and Spanish translations of printed materials; and a mandate to treat all clients with "dignity and respect."

That doesn’t always happen, and the monitoring committee isn’t the only watchdog saying so.

The Coalition on Homelessness has been fielding complaints from shelter residents for more than 20 years. A recent increase prompted it to investigate deeper. In May 2007 the group published Shelter Shock, a report based on surveys of 215 shelter residents. The findings: 55 percent of people reported some kind of physical, sexual, or verbal abuse. One-third had no access to information in their native language. Thirty-five percent had nothing to eat.

"The Mayor has actually pointed to these problems as reasons to close the shelters," the report states. "Responsible bodies — the Board of Supervisors and the HSA — have failed to take corrective action. There has been a silence around shelters, giving the impression that shelter residents have been forgotten by the administration and the public at large."

Mayor Gavin Newsom, in his Jan. 8 inaugural speech, identified chronic homelessness and panhandling as high priorities of his second term and promised he’d be "redesigning our city shelter system so that they are no longer just refuges of last resort but spaces where homeless San Franciscans can find job training, drug treatment, and encouragement they need to exit homelessness. We’re getting out of the shelter business." At no point did he mention implementing shelter health and safety standards.

James Leonard, a member of the Shelter Monitoring Committee who has spent the past 18 months homeless in San Francisco and San Diego, won’t stay in the shelters anymore. All of his possessions were stolen three times. He missed several job interviews because he couldn’t charge his cell phone. Frustrated, he hit the streets again. The Homeless Outreach Team found him, officially dubbed him "shelter challenged," and gave him a stabilization bed, which he hopes will eventually transition into a lease in a single-room-occupancy hotel.

He told us the lack of standards contributes to the problem of chronic homelessness because more people would stay in the shelters, off the street, if they were safe and treatment were consistent from facility to facility.

"People keep looking at what’s wrong with those homeless people and keep skipping over what’s wrong with those shelters and some of those staff members," he said. "It’s a system set up to fail unless it has standards."

The issues extend beyond each shelter’s four walls. It’s a matter of public health for all San Franciscans. "Even if the shelters exist for a minute, they have to be healthy and humane," said Dr. Deborah Borne, medical director of homeless programs at the HSA’s Tom Waddell Health Center. "Because if they aren’t, they’re a danger to themselves and to others."

She cited the example of sitting on a Muni bus beside someone whose bag may be carrying bedbugs. "Everyone in San Francisco is affected by the fact that we have health issues in the shelters."

Borne moved from New York to San Francisco about a year and a half ago. On her fourth day on the job at Tom Waddell, a resident died at Next Door, which houses about 250 people per night and is one of the city’s largest shelters. She said the death was not the fault of any specific department, agency, or person, but it could have been avoided if some basic health and hygiene practices were standard for shelter staff and residents.

She brought together several key people, secured $300,000 in funding through HSA director Trent Rhorer, and launched the Shelter Health Initiative, a pilot project that included some of the standards that are part of Ammiano’s legislation specifically targeting health and hygiene.

Next Door and Hamilton Family Center participated, were surveyed on needs, and received adequate supplies of things like soap, hand towels, sanitizer, and gloves. "Up to the date of the training, they still didn’t have available the basic equipment required to protect themselves," said Jill Jarvie, a public health nurse from Tom Waddell who ran the pilot program.

It’s not enough to have cases of rubber gloves and hand sanitizer. They have to be used, and used properly. "Something like a cold virus can stay alive for a couple of days," Jarvie said. Close conditions in shelters compound the risk. "When you’re working in a place that sees 300 people a day, how you wash your hands can really make a difference," she added.

Thorough hand-washing techniques and procedures for cleaning up bodily fluids taught to staff trickle down to residents, and so far, it’s working. According to Jarvie, Next Door has reported a decrease in illnesses. "It’s been exciting to see we can actually do this," she said. The price of the pilot was about $15,000, a cost that would fall over time through bulk purchasing of supplies and as training becomes more standardized. Soon public health officials will be launching another phase, focused on bedbugs and scabies.

An initial budget analyst’s report, based on information provided by the HSA, predicted a $6.2 million price tag to fully implement standards throughout the city’s shelter system. Many say it’s an overinflated estimate based on assumptions that need more vetting.

"We were all stunned by the budget analyst’s report," said Quintin Mecke, secretary of the Shelter Monitoring Committee and head of its subsidiary work group on the legislation. "When you look at some of the assumptions, they’re just not true." For example, the HSA interpreted security to mean staffing all the shelters with full-time guards, when other mitigations like locks and staff training could be implemented instead.

Mecke and the work group believe that although there will be hard costs associated with the legislation, many are onetime and others are simply the price of complying with what’s supposed to exist already. Ammiano’s aide Zach Tuller said, "We expect the cost to come in under half a million because HSA claims so many of the services are already being provided. We’re looking to prevent slippage."

Dave Curto, head of contract compliance for the HSA, said the department agreed with some of the legislation and was still talking through specifics. He confirmed that policies do exist and shelters are provided with training manuals to enforce them.

"I think they are happening," he said of the HSA policies. "That’s why we’re a little confused."

A list of those policies is included in the budget analyst’s report, which Mecke said sent a conflicting message. "It creates the impression that things in the shelter system are other than what we found," he told a recent meeting of the standard of care work group, which is redrafting some of the legislation in preparation for a February hearing of the Budget and Finance Committee. "We want to be very clear at the Board of Supervisors that they don’t come away with the impression that these things exist, because they don’t."

Ammiano said this is a necessary first step toward making the shelters more humane, at a time when many assume they already are.

"I think one of the most annoying things that I read was C.W. Nevius [in the San Francisco Chronicle] taking this rather orchestrated Disneyland tour with Trent Rhorer and saying how wonderful the shelters were and then blaming the homeless for not wanting to be in them," Ammiano said. "But obviously C.W. Nevius and Trent Rhorer have something to wipe their ass with."

How to save the Housing Authority

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OPINION After repeated media attention to the myriad problems at the San Francisco Housing Authority, Mayor Gavin Newsom asked the agency’s director, Gregg Fortner, to resign. An interim director, Mirian Saez, was appointed to fill his shoes until a national search is conducted to find a permanent replacement. The mayor has announced replacements for two of the seven commissioners; one of the new appointees, Dwayne Jones, is a senior Newsom staffer.

As an affordable-housing advocate who works with residents of public housing, I am overjoyed at the prospect of change at the agency. No matter who is chosen to be the new director, a few key changes should be seriously considered for the city’s largest low-income-housing provider. Here are some suggestions:

1. Appoint commissioners who get it and care. The mayor could have made sweeping changes after he asked the SFHA commissioners to submit letters of resignation. Instead, he used the opportunity to appoint someone who is on his payroll. As long as political connections continue to trump experience, understanding, and compassion, tenants will suffer. What about having a public process in which residents and the community can nominate candidates? How about sharing the power to appoint housing commissioners with the Board of Supervisors, as is done with some other city commissions?

2. Listen to the residents, damn it! While it is refreshing to see the mayor look for solutions to the rampant problems at the SFHA, a panel of national experts is hardly necessary. The best experts are right here. They are residents, and they are clamoring to have their voices heard. Conduct a local survey, have regular open meetings, encourage the formation of resident councils, work with service providers and community groups that reach out to residents, and allow for resident participation as much as possible.

3. Talk among yourselves. The same lessons we learned after Sept. 11 and Hurricane Katrina apply to this disaster as well. City agencies that serve public housing residents are often unaware of the major issues at public housing developments. The Departments of Building Inspections and Public Health, for instance, should be monitoring conditions and reporting to the mayor and the supervisors. The Mayor’s Office of Housing should be working closely with the Redevelopment Agency, the Office of Community Development, and the Human Service Agency as they plan for the demolition and rebuilding of distressed projects. City officials and agencies shouldn’t have to pull teeth to get basic information from the SFHA.

4. Tell Nancy Pelosi and her colleagues to fight like hell. Whoever leads the Housing Authority in the future will always have a defense against charges of not addressing poor conditions because Congress keeps hacking away at the Department of Housing and Urban Development budget. We have powerful congressional representation in San Francisco; let’s push harder.

5. Step up to the plate to provide local resources to improve public housing. As hard as we fight to leverage more federal funds, it is nearly certain that the SFHA will still be severely underfunded. We can no longer rely solely on federal funds to house our lowest-income residents. A commitment to creative and innovative local funding solutions must continue or we will see an increase in the exodus of African American families, which the mayor claims to be committed to curbing.

Sara Shortt

Sara Shortt is executive director of the Housing Rights Committee of San Francisco.

Endorsements — Alameda County

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Measures A and B (Children’s Hospital bond)

NO


The history of this pair of ballot measures speaks to the reasons to oppose them: Children’s Hospital, a private outfit, hired signature gatherers and put Measure B — a special tax to fund a $300 million bond to help rebuild the hospital, which needs a seismic upgrade — on the ballot without even consulting the county supervisors. The supervisors then came back with a compromise plan, Measure A, which Children’s is now supporting — but none of the supervisors have endorsed.

We’re not big on using public bonds and tax money to rebuild a private hospital (especially when the county’s public health system has so many needs of its own). And none of this was very well thought out. Vote no; if there’s a good reason to rebuild Children’s Hospital, there needs to be a much better public process to fund it.

Measure E (Albany pool bonds)

YES


Measure E would authorize $10 million in bonds to rebuild the public pool at Albany High School. It also includes money for new classrooms. The Alameda Green Party thinks the pool should have solar heat and use alternatives to chlorine, and we agree — but that’s not reason enough to block a modest measure to improve a widely used facility. Vote yes.

Measure G (Oakland school tax)

YES


This is a parcel tax that would charge property owners in Oakland $195 per year, with the money going to the public schools. Yes, the Oakland schools are still controlled by a state administrator, who can ultimately decide where the money will go, and yes, parcel taxes aren’t perfect, but with school funding in the state as dire as it is, we support almost any sort of tax that helps education. And while parcel taxes allow big commercial landlords to pay the same rate as small homeowners, there is a low-income-resident exemption. Vote yes. 2

For national, state, and San Francisco endorsements, click here.

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.

Tiger tales

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

› news@sfbg.com

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

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

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

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

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

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

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

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

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

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

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

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

And thereon hangs this tiger tale.

TARZAN AND TIGER ISLAND


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

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

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

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

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

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

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

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

THE MISSING WALL


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

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

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

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

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

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

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

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

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

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

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

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

NO MARGIN FOR ERROR


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

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

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

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

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

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

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

THE LONG JUMP


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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

THE BIPED PROBLEM


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

Consider the players, starting with Zoo management and keepers.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

The questions the zoo won’t answer

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

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

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

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

3. Where is it/are they stored?

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

George McGovern: Impeach Bush & Cheney!

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B3 note: Good for George McGovern. Good for the Washington Post for running this important timely commentary
in its Sunday edition. Question: how many other papers will run it?

The McGovern piece reminds me of a major political point: that a big reason the Pelosi Democrats in
Washington have so cravenly caved in to the Bush initiatives, on the war and much else, is because Pelosi wrongheadly pulled the impeachment issue off the table before the last election. This meant, among other things, that the Democrats at the first bugle lost their most important bit of muscle and leverage. The result has been disastrous and the war is now surging.

It’s good that Cindy Sheehan is running against Pelosi and will force these issues into the public arena. Maybe, just maybe, Pelosi will be forced to debate Sheehan and will be forced in the November election to conduct a real campaign for the first time in her home territory to keep her Speaker of the House post.

Personal note about McGovern: he comes from South Dakota, a state so conservative that it has outlawed abortions. Its eastern border is l7 miles or so from my northwestern Iowa hometown of Rock Rapids. I have followed him closely through the years. I still marvel that a liberal of his force and eloquence could represent South Dakota for so many years in Congress. Imagine if he were the Speaker of the House.

Why I Believe Bush Must Go

By George McGovern

The Washington Post
Sunday 06 January 2008

Nixon was bad. These guys are worse.

As we enter the eighth year of the Bush-Cheney administration, I have
belatedly and painfully concluded that the only honorable course for me is
to urge the impeachment of the president and the vice president.

After the 1972 presidential election, I stood clear of calls to impeach
President Richard M. Nixon for his misconduct during the campaign.

I thought that my joining the impeachment effort would be seen as an
expression of personal vengeance toward the president who had defeated me.

Today I have made a different choice.

Of course, there seems to be little bipartisan support for impeachment.

The political scene is marked by narrow and sometimes superficial
partisanship, especially among Republicans, and a lack of courage and
statesmanship on the part of too many Democratic politicians. So the
chances of a bipartisan impeachment and conviction are not promising.

But what are the facts?

Bush and Cheney are clearly guilty of numerous impeachable offenses.

They have repeatedly violated the Constitution.

They have transgressed national and international law.

They have lied to the American people time after time.

Their conduct and their barbaric policies have reduced our beloved country
to a historic low in the eyes of people around the world.

These are truly “high crimes and misdemeanors,” to use the constitutional
standard.

From the beginning, the Bush-Cheney team’s assumption of power was the
product of questionable elections that probably should have been officially
challenged – perhaps even by a congressional investigation.

In a more fundamental sense, American democracy has been derailed
throughout the Bush-Cheney regime.

The dominant commitment of the administration has been a murderous,
illegal, nonsensical war against Iraq.

That irresponsible venture has killed almost 4,000 Americans, left many
times that number mentally or physically crippled, claimed the lives of an
estimated 600,000 Iraqis (according to a careful October 2006 study from
the Johns Hopkins Bloomberg School of Public Health) and laid waste their
country.

The financial cost to the United States is now $250 million a day and is
expected to exceed a total of $1 trillion, most of which we have borrowed
from the Chinese and others as our national debt has now climbed above $9
trillion – by far the highest in our national history.

All of this has been done without the declaration of war from Congress that
the Constitution clearly requires, in defiance of the U.N. Charter and in
violation of international law.

This reckless disregard for life and property, as well as constitutional
law, has been accompanied by the abuse of prisoners, including systematic
torture, in direct violation of the Geneva Conventions of 1949.

I have not been heavily involved in singing the praises of the Nixon
administration.

But the case for impeaching Bush and Cheney is far stronger than was the
case against Nixon and Vice President Spiro T. Agnew after the 1972 election.

The nation would be much more secure and productive under a Nixon
presidency than with Bush. Indeed, has any administration in our national
history been so damaging as the Bush-Cheney era?

How could a once-admired, great nation fall into such a quagmire of
killing, immorality and lawlessness?

It happened in part because the Bush-Cheney team repeatedly deceived
Congress, the press and the public into believing that Saddam Hussein had
nuclear arms and other horrifying banned weapons that were an “imminent
threat” to the United States.

The administration also led the public to believe that Iraq was involved in
the 9/11 attacks – another blatant falsehood. Many times in recent years, I
have recalled Jefferson’s observation: “Indeed I tremble for my country
when I reflect that God is just.”

The basic strategy of the administration has been to encourage a climate of
fear, letting it exploit the 2001 al-Qaeda attacks not only to justify the
invasion of Iraq but also to excuse such dangerous misbehavior as the
illegal tapping of our telephones by government agents.

The same fear-mongering has led government spokesmen and cooperative
members of the press to imply that we are at war with the entire Arab and
Muslim world – more than a billion people.

Another shocking perversion has been the shipping of prisoners scooped off
the streets of Afghanistan to Guantanamo Bay, Cuba, and other countries
without benefit of our time-tested laws of habeas corpus.

Although the president was advised by the intelligence agencies last August
that Iran had no program to develop nuclear weapons, he continued to lie to
the country and the world.

This is the same strategy of deception that brought us into war in the
Arabian Desert and could lead us into an unjustified invasion of Iran.

I can say with some professional knowledge and experience that if Bush
invades yet another Muslim oil state, it would mark the end of U.S.
influence in the crucial Middle East for decades.

Ironically, while Bush and Cheney made counterterrorism the battle cry of
their administration, their policies – especially the war in Iraq – have
increased the terrorist threat and reduced the security of the United States.

Consider the difference between the policies of the first President Bush
and those of his son.

When the Iraqi army marched into Kuwait in August 1990, President George
H.W. Bush gathered the support of the entire world, including the United
Nations, the European Union and most of the Arab League, to quickly expel
Iraqi forces from Kuwait.

The Saudis and Japanese paid most of the cost.

Instead of getting bogged down in a costly occupation, the administration
established a policy of containing the Baathist regime with international
arms inspectors, no-fly zones and economic sanctions.

Iraq was left as a stable country with little or no capacity to threaten
others.

Today, after five years of clumsy, mistaken policies and U.S. military
occupation, Iraq has become a breeding ground of terrorism and bloody civil
strife.

It is no secret that former president Bush, his secretary of state, James
A. Baker III, and his national security adviser, Gen. Brent Scowcroft, all
opposed the 2003 invasion and occupation of Iraq.

In addition to the shocking breakdown of presidential legal and moral
responsibility, there is the scandalous neglect and mishandling of the
Hurricane Katrina catastrophe.

The veteran CNN commentator Jack Cafferty condenses it to a sentence: “I
have never ever seen anything as badly bungled and poorly handled as this
situation in New Orleans.”

Any impeachment proceeding must include a careful and critical look at the
collapse of presidential leadership in response to perhaps the worst
natural disaster in U.S. history.

Impeachment is unlikely, of course.

But we must still urge Congress to act.

Impeachment, quite simply, is the procedure written into the Constitution
to deal with presidents who violate the Constitution and the laws of the land.

It is also a way to signal to the American people and the world that some
of us feel strongly enough about the present drift of our country to
support the impeachment of the false prophets who have led us astray.

This, I believe, is the rightful course for an American patriot.

As former representative Elizabeth Holtzman, who played a key role in the
Nixon impeachment proceedings, wrote two years ago, “it wasn’t until the
most recent revelations that President Bush directed the wiretapping of
hundreds, possibly thousands, of Americans, in violation of the Foreign
Intelligence Surveillance Act (FISA) – and argued that, as Commander in
Chief, he had the right in the interests of national security to override
our country’s laws – that I felt the same sinking feeling in my stomach as
I did during Watergate…

A President, any President, who maintains that he is above the law – and
repeatedly violates the law – thereby commits high crimes and misdemeanors.”

I believe we have a chance to heal the wounds the nation has suffered in
the opening decade of the 21st century.

This recovery may take a generation and will depend on the election of a
series of rational presidents and Congresses.

At age 85, I won’t be around to witness the completion of the difficult
rebuilding of our sorely damaged country, but I’d like to hold on long
enough to see the healing begin.

There has never been a day in my adult life when I would not have
sacrificed that life to save the United States from genuine danger, such as
the ones we faced when I served as a bomber pilot in World War II.

We must be a great nation because from time to time, we make gigantic
blunders, but so far, we have survived and recovered.

http://www.truthout.org/docs_2006/010608C.shtml

Godzilla versus Mothra

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› sarah@sfbg.com

When retired entomologist Jerry Powell caught two tiny light brown apple moths in a blacklight trap in his Berkeley backyard last winter, he had no idea of the furor his find would unleash — especially in the communities that were subsequently sprayed with female moth pheromones, a process that could come to San Francisco this spring.

Native to Australia and now found widely in New Zealand and the United Kingdom, the LBAM (or Epiphyas postvittana, as it’s known in bug circles) is classified as a plant pest, but it had never before been reported on the United States mainland, though it was found in Hawaii in the late 1880s.

So its discovery, first in Powell’s trap in February and then throughout the Bay Area and the Central Coast in March 2007, drove the US Department of Agriculture to declare a statewide emergency and issue quarantine and extermination directives.

The USDA’s problem, as Powell explained, is that unlike many moths, which only lay eggs on oak trees or eat holes in sweaters, the LBAM can lay eggs on and eat many, many plants.

"From each batch a hundred tiny caterpillars hatch and feed on a wide variety of shrubs and trees, using silk to tie the leaves up into bundles," Powell told the Guardian.

According to the USDA’s Web site, this pest could infest up to 80 percent of the continental US and attack 2,000 types of plants, causing huge economic and environmental damage.

Officials with the California Department of Food and Agriculture estimate the LBAM could cause up to $640 million annually in crop damage and control costs in California alone.

So starting last summer the CDFA required nurseries to either destroy infested plants or treat them with chlorpyrifos, an organophosphate pesticide derived from World War II nerve gas.

The agency also made ground applications of Bacillus thuringiensis (a genetically engineered bacteria) and hand-applied female moth pheromones in other infested areas, including Napa, Vallejo, and Mare Island.

But the agency’s most controversial act was the spraying of entire communities, including Santa Cruz, with Checkmate, a synthetic female moth pheromone made by the Oregon company Suterra. Since male moths use the real pheromone to detect females, flooding an area with similar-smelling stuff is supposed to confuse them and prevent mating.

The controversy, according to four lawsuits filed in Monterey and Santa Cruz counties, in which 73 percent of the moths have been found, began when the CDFA acted with minimal notice, without fully disclosing Checkmate’s contents until after the spraying occurred, and without adequately demonstrating that the moths were enough of an emergency to exempt the spraying from the California Environmental Quality Act.

Not to mention the sentiment, expressed by numerous members of the sprayed-on communities, that they felt as if they had been airlifted into Vietnam. For three nights in a row crop dusters, flying at 500 to 800 feet, traversed the skies, coating homes and gardens, parks and playgrounds with scentless, invisible, and largely untested female moth pheromones while freaked-out citizens were advised to remain indoors to avoid unwanted exposure.

Numerous health complaints were recorded after the spraying, along with questions about the scientific efficacy of the plan and the worry that the CDFA had paved the way to do an end run around due process — and next time could use heavy-duty pesticides.

Gina Solomon, senior scientist with the Natural Resources Defense Council, told the Guardian the spray’s contents are everyday chemicals, often labeled natural or organic, that degrade pretty rapidly into nontoxic by-products.

"But we did have a concern about tricaprylyl methyl ammonium chloride, a mild respiratory irritant, which could be of concern in a high dose to sensitive asthmatics," Solomon said.

Solomon gave the CDFA credit "for not picking a pesticide off the shelf," adding, "But it’s funny to see them trying to do the right thing, then tripping up over the public process. People don’t like planes going overhead spraying stuff and feeling like this is happening without their consent. I feel that if [the CDFA] is going to be inflicting this stuff on us, they need to let people know exactly why."

And with some scientists claiming that pheromones aren’t powerful enough to attract every single moth, Solomon is concerned the CDFA could decide to spray more toxic stuff.

"They could technically spray an insecticide, but I guarantee they’ll face a major protest, and it wouldn’t make any sense," Solomon said. "For all its nastiness, the moth is not a human health threat. It’s a threat to agriculture, nurseries, and gardens. We’re not talking about malaria."

Retired entomologist Powell suspects the LBAM was well established in California when he found it, given that it was trapped in a dozen counties within the next month.

"They had probably been here a few years before they happened to bumble into my light trap," he said. "And whenever you have anything that feeds on all kinds of plants, it doesn’t become a general defoliator but gets scattered around and causes minor damage. The problem is for nurseries that were forced to shut down and fumigate, but it’s not likely to become a noticeable pest in the garden. It’s likely to attract parasites and predators of similar species in the area."

James Carey, a professor of entomology at the University of California at Davis, is not a specialist in the LBAM. But he does know about invasive biology, having worked on the Mediterranean fruit fly. And in Carey’s opinion, the moth can’t be eradicated. It’s already widespread, he said — and disruptive mating pheromones have never been able to eradicate anything.

"It’s not numbers that matters, but numbers of locations," Carey told the Guardian. "It’s like metastatic cancer, where it’s not a matter of a tumor but of tens of thousands of tumors. So any [pockets of moths] that are not 100 percent eradicated can repopulate entire areas."

He acknowledges the USDA’s valid pest-related concerns. "But their entomologists should be able to argue that eradication is feasible, or face the facts that without effective tools not only to eradicate but to detect the moth it’s not possible," he said. "Pheromones are weak tools; not all moths come or respond to them. Even in an orchard they don’t work that well."

Casey warned that the CDFA will try to say that if we can’t eradicate the moth with pheromones, we’ll have to spray more pesticides. "But what if you can’t eradicate it because it’s too far gone?" he asked.

As for the unlikely scenario in which fixed-winged aircraft fly sideways between high-rises and the Transamerica Pyramid as they spray clouds of pheromones across the Castro, Chinatown, and beyond, Carey observed, "These moths can live in little pockets, so San Francisco will become a reservoir for them."

The CDFA’s Steve Lyle told the Guardian that at this point the agency has completed treatment for 2007 and is evaluating what it will do in 2008 and where it will do it.

"It’s fair to say that the entire program is being assessed, but we have made no definitive decisions and made no announcements," Lyle said.

With the Office of Environmental Health Hazard Assessment reassessing whether Checkmate causes harm to people, plants, and pets, Lyle added, "The moth is of serious concern to the feds. Unfortunately, this invasive pest is established in an urban area."

USDA public affairs specialist Larry Hawkins was a little less vague. "Since LBAM has been found in San Francisco proper and in the East Bay, these areas are likely to be treated in 2008," he said. "But we’re considering whether to treat them through ground applications or aerial application."

Hawkins said any control action "will be preceded by informational meetings with the public, so any actions will be fully disclosed."

David Dillworth, executive director of the nonprofit Helping Our Peninsula Environment, which is suing the CDFA over the Monterey spraying, advised San Francisco to get proactive and lean on its elected leaders.

"San Francisco still has time to get Nancy Pelosi and Dianne Feinstein, whose backyards will be sprayed, to put pressure on USDA to stop the eradication, since at this point all they can really do is control the moth," Dillworth said.

Pelosi’s press secretary, Drew Hammill, told the Guardian that Pelosi is "checking with state and city officials regarding the spread of this species.

"While the Speaker understands the consequences this moth can have on our precious ecosystem," Hammill said, "she is also concerned about the prospect of spraying any substance into the air in our city and its possible effects on public health and organic farming in our state."

Attacking the nurses — again

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OPINION On Nov. 29, Department of Public Health nurses once again found ourselves in the San Francisco Chronicle. Forecasting a budget deficit that prompted the mayor to implement a hiring freeze, the article alleged the shortfall "stems in part from a jump in the number of police officers and nurses on the city payroll and hefty pay raises doled out to those professions." "It’s our fault again," a nurse colleague uttered with a sigh.

Her remark needs to be placed in the context of the dissonant realities in which health department nurses work. On the one hand, market forces and a national nursing shortage have forced the city to make some improvements in nurse compensation. On the other hand, we work in an underresourced setting where we find it challenging to care for our patients adequately and keep ourselves intact in the process.

Truthfully, most nurses feel we earn our wages. We work on our feet for 80 percent of our shifts, in ergonomically difficult settings. We sometimes serve as nurse, clerk, and engineer simultaneously due to understaffing. We often forgo our full meal breaks. We increasingly suffer injuries, some permanent. Some of us acquire occupational infections.

But far worse is the soul-corroding distress we experience when we cannot meet our patients’ needs or our professional or ethical standards due to short staffing, a broken system, and decisions made by people remote from the realities of direct patient care. We believe that our patients, many of whom are marginalized in our society, deserve the care, compassion, and opportunities for healing that we try to afford them.

Enter the budget process. Every year vital services are slated to be cut. For three years our hospital interpreters, the lifeblood of the hospital, were on the chopping block. Every spring, health care workers, unions, and the community spend hours at City Hall, testifying to the harm that would be done to San Franciscans, particularly the poor and the ill, should hospital services be cut. Regrettably, neither the mayor nor the city controller is required to join the supervisors in hearing this heartbreaking testimony. Through the work of the supervisors, their staff, community coalitions, and an annual outpouring of public concern, some services are saved. But the yearly threats and fights are exhausting and create a cynical illusion that the process is only a political game.

Additionally, not reflected in the budget process is the accumulated erosion of DPH services and infrastructure: the equipment that is not replaced, the vacant positions that remain unfilled or "frozen," etc.

All of these conditions existed when Mayor Gavin Newsom announced the inauguration of Healthy San Francisco, a program created to provide health care to tens of thousands of uninsured San Franciscans through the Health Department. The program’s ability to succeed is based on the department’s plan to hire more clerks, pharmacists, nurses, and providers. The fact that the mayor was one of the program’s architects, along with Sup. Tom Ammiano, unions, and community participants, suggests that access to health care is a policy and budget priority for his administration.

But is it? After the mayor’s advocacy for HSF, it is confusing to read about a hiring freeze and the budget deficit being blamed on nursing hires and salaries. Health care workers and the public need to know where this administration stands. 2

Mary Magee

Mary Magee is a registered nurse who has worked for San Francisco General Hospital for 20 years.

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

Feed our students well

0

› news@sfbg.com

GREEN CITY Not long ago a green vegetable was a rare and startling sight on a lunch tray at a San Francisco school. Carnival-style food was the standard, with corn dogs as a regular entrée, packaged apple turnovers as the "fruit" course, and fried potatoes as the staple vegetable.

School lunches have come a long way since 2003, when San Francisco Unified School District parent volunteers, staff, students, public health professionals, and other community supporters joined together to begin creating the school district’s Wellness Policy. Lunches are fresher, tastier, healthier, and leaner, and the SFUSD’s "no empty calories" policy has been a role model in the nationwide effort to improve school food.

But even after all of those changes, a high school group recently surveyed more than 2,000 of their peers and learned that students still complain that school food doesn’t taste fresh and costs too much, and some question how nutritious it is.

So a growing movement argues it’s time to take the next step: the greening of school meals. Surely a food-savvy, health-conscious, environmentally aware city like San Francisco, which is located in one of the world’s most fertile agricultural regions, should be feeding its kids fresh, local organic produce at every meal.

But there’s an obstacle, and it’s green too. Government reimbursement for a free school lunch is just $2.71, nearly half of which goes to pay for labor. Other fixed overhead eats up another large chunk, leaving just about $1 to pay for the meal itself, including 34¢ for the required milk.

No wonder it’s hard to respond to requests for fresher, healthier food and more of it. New salad bars placed in three schools as part of a pilot program address these concerns, offering students mixed greens and raw vegetables, several kinds of fresh fruit, and whole grain breads and muffins, in addition to the hot entrée. When the first salad bar was created last year at Balboa High School, the average number of students eating its cafeteria lunch every day increased 26 percent, with virtually all of the new diners low-income students.

But that $1 per meal won’t cover a salad bar at every school, which is the SFUSD’s goal. The cost of just the equipment for a salad bar — the bar itself, added refrigeration and sinks, a couple more tables — can run more than $10,000 per school, depending on how much work needs to be done to reconfigure the lunch line. Organic produce drives the meal cost higher too.

Unfortunately, the SFUSD doesn’t have that money. Because it’s currently left to the school district to provide meals, the SFUSD must require that the Student Nutrition Department budget break even or else cut into classroom funds to cover the deficit.

The good news is that thanks to grants from the Department of Children, Youth and Their Families and Mayor Gavin Newsom, salad bars are being started in 25 SFUSD schools this year, stocked with seasonal, local produce. Still, despite this additional funding, only about 25 percent of district students will have access to the salad bars. Social justice demands that every student have equal access to a healthier school meal.

Most city officials and the greater community probably aren’t even aware of the situation. It’s time to put the need to feed our children adequately on the radar of the whole community and ask officials to step in with funding to ensure that our children can eat well without sacrificing classroom resources to cover the cost of their food. The Public Education Enrichment Fund, better known as Proposition H, provides a growing pot of city money aimed at improving the schools, and part of it could be used to fund the opening of more salad bars, so more school kids can enjoy the benefits of fresh produce and whole grains.

Providing the money to put salad bars in every school would pay off in healthier kids and related positive effects. Better nutrition is linked with higher academic achievement, improved behavior, and other benefits.

Let’s become a city that commits to teaching our children well, feeding them well, and promoting a greener food system. *

Paula Jones and Caroline Grannan are members of the SFUSD Student Nutrition and Physical Activity Committee.

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

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.

Save St. Lukes!

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OPINION For 136 years St. Luke’s Hospital has been a San Francisco landmark, serving the underserved communities in the southern half of the city.

Now St. Luke’s needs San Francisco’s help.

The hospital’s owner, Sutter Health, has embarked on a stealth strategy to close St. Luke’s, shuttering units one by one and gradually shifting personnel to facilities in wealthier neighborhoods — and their more upscale pool of patients.

This process is called medical redlining, or institutional racism, and it’s not just morally wrong — it’s contrary to the values that unite San Francisco.

Latino and African American patients accounted for 54 percent of the 23,000 emergency visits to St. Luke’s in 2005. This compares with only 8 percent at Sutter’s favored California Pacific Medical Center facilities across town. Similarly, 40 percent of hospital patients at St. Luke’s are Latino, versus only 1 percent at the CPMC site. There are 1,300 children born each year at St. Luke’s, most of them to families from the Mission, Bayview–Hunters Point, the Excelsior, and surrounding communities.

If St. Luke’s closes, where will these patients go? What will they do?

Some of them will head to San Francisco General Hospital, which is already struggling with too many patients and uncertain funding.

Sutter says it will treat the rest of these patients at its other facilities — all at least a 30-minute drive or a much longer bus ride away.

In reality, many patients will simply forego medical treatment. A recent study in the Journal of the American Medical Association found that for lower-income patients, "traveling across town to access better resources or health care facilities is often beyond their means."

In this context, Sutter’s latest cuts to the neonatal intensive care and pediatrics units are especially cruel. Since the only private hospital serving the southern half of the city is in danger of closing, many of these families with sick babies and children will not seek or receive the medical attention they need until a crisis arrives.

All this, to improve on Sutter’s 2006 profits of $587 million.

The good news is that it’s not too late to save St. Luke’s.

Sutter’s actions have sparked a community outcry. Registered nurses from the facility went on strike in October and continue to insist that Sutter stop bleeding the hospital dry. Doctors, patients, and public health groups have actively protested and organized against the chain, and the city’s Health Commission is considering its options.

Sup. Sophie Maxwell recently introduced groundbreaking legislation to require a health impact review of all new permits granted to medical facilities. This would force Sutter to present an institutional master plan before moving forward with its proposed facility on Cathedral Hill and to justify this expensive new project in terms of what is best for the citywide public health infrastructure.

On a parallel track, Sup. Ross Mirkarimi is proposing a resolution to give the Board of Supervisors more influence over Sutter’s plans and to direct the city attorney to explore legal options to counter Sutter’s medical redlining.

As the cuts at St. Luke’s continue, patients suffer — and so does the city’s health care safety net. It is time for San Franciscans to join together and save this city icon. *

Zenei Cortez, RN, is a member of the Council of Presidents of the California Nurses Association.

Romania dreamin’

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› a&eletters@sfbg.com

Programmers in the film festival, cinematheque, and rep-house exhibition worlds are forever hunting for undiscovered cinematic flavors. They are like truffle-sniffing pigs. No offense intended — after all, truffles are valuable for their rarity. During the past few years, such programmers have witnessed a stunning renaissance of native film activity in Romania, which has no business being so exciting onscreen because (a) it’s Romania, for god’s sake, still hobbling out of Nicolae Ceausescu’s 20th-century dark ages, and (b) it only produces six features per year. They can’t all be good, can they?

Oh yes, they can. Romanian movies are sweeping international prizes and have even scored a couple of theatrical releases in a US art-house market resistant to intelligent, complex, starless films in a foreign tongue. Cristian Mungiu’s Cannes Palme d’Or winner 4 Months, 3 Weeks and 2 Days reaches US theaters next year, and Cristian Nemescu’s California Dreamin’ is likely to follow.

You can catch California Dreamin’ now in the Pacific Film Archive’s "Revolutions in Romanian Cinema" series. The process of severance from the Ceausescu dictatorship — Communist Eastern Europe’s most paranoiac and corrupt — is, naturally, a frequent subject. Catalin Mitulescu’s warmly observed The Way I Spent the End of the World (2006) views the regime’s final chapter in 1989 from a teenage girl’s perspective. Radu Muntean’s The Paper Will Be Blue (2006) is a gritty you-are-there reenactment of the street chaos and random shootings that occurred on the night of the government’s overthrow. Corneliu Porumboiu’s 12:08: East of Bucharest (2006) ingeniously reexamines the same events as antiheroic satire, with the contradictory recollections of a TV call-in show’s guests making hash of the revolution’s already mythologized story. Another fascinating flashback, Alexandru Solomon’s The Great Communist Bank Robbery (2004), provides documentary scrutiny of an infamous crime in a nation where folks were too terrified to rob anyone, let alone the all-powerful government, suggesting that the case was quite likely a frame-up designed to rid the party of its high-ranking Jewish members.

Other films look beyond Ceausescu to the more recent past and still-problematic present. Cristi Puiu’s acclaimed The Death of Mr. Lazarescu (2005) is like Sicko as directed by Aki Kaurismäki, a deepest-black comedy whose hapless elderly protagonist complains of chest pains — though it’s his endless, Kafkaesque odyssey through a broken-down public health system that kills him. California Dreamin’, subtitled Endless because it will never truly be finished (its 27-year-old writer-director died in a car crash before completing the final edit), is nonetheless a marvelously accomplished, sprawling, affectionate, barbed canvas. Set in 1999, it finds a top-priority NATO mission commanded by gung ho veteran jarhead Cpt. Jones (Armand Assante) waylaid by provincial officials who stubbornly demand paperwork, even if the bureaucratic logjam creates an international incident. Forced to cool heels, the visiting soldiers enjoy free-flowing local booze and celebrations in their honor. This cross-cultural tragicomedy might have been shorter had Nemescu lived to complete postproduction. As is, it’s close to perfection.

These new Romanian films are special for their attentiveness to individual characters and larger social scales, for their balance of rueful humor and genuine sympathy, and for the unpredictable yet organic intricacy of their narrative courses. Technically, they’re all highly polished, without a whiff of the stylistically self-indulgent territorial pissing typical of young filmmakers. The new Romanian cinema isn’t personal in the familiar auteurist sense. It’s populist — a term not to be confused with stupid in this case — storytelling, accessible to anyone willing to brave the Balkan barrier of subtitles. *

REVOLUTIONS IN ROMANIAN CINEMA

Nov. 3–Dec. 9, $5.50–$9.50

Pacific Film Archive

2575 Bancroft Way, Berk.

(510) 642-1124

www.bampfa.berkeley.edu