condos

Supervisors approve condo legislation with veto-proof majority

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The San Francisco Board of Supervisors today voted to approve compromise legislation that will allow more than 2,000 tenancy-in-common homeowners to convert to condominiums in exchange for a 10-year moratorium on the city’s current condo conversion lottery that now allows 200 conversions annually.

Approved by a veto-proof 8-3 majority after some last amendments were shot down by the six supervisors who most steadfastly supported the version that Board President David Chiu took the lead on crafting, this was a big victory for tenant groups who strongly opposed the original legislation, which did not include the moratorium and other restrictions.

“It’s great. We’re going to see a significant drop in condo conversions in the future. All of us tenants are very happy,” San Francisco Tenants Union head Ted Gullicksen told us after the hearing, which was packed with tenant supporters.

Sup. Mark Farrell, who sponsored the original legislation, decried how divisive the issue had become, criticized the approved version as deviating from his original intent of helping TIC owners in exchange for a fee that would help fund new affordable housing, and said, “This doesn’t need to be a zero sum game.”

But Chiu and the five supervisors who supported his version – Jane Kim, Norman Yee, David Campos John Avalos, and Eric Mar – noted the finite number of rent-controlled apartments in the city and the need to protect them from being converted into condos.

“How do we balance the needs of tenants who fear being evicted with TIC owners looking for relief?” Chiu said of the balance he aimed to strike, which he continued to tweak with new amendments today, including allowing TICs with all owner-occupied units to move forward if the legislation is challenged in court, an event that would otherwise freeze all condo conversions until the lawsuit is resolved.

Sup. London Breed wanted even greater flexibility in that so-called “poison pill” aspect of the legislation, which tenant groups had insisted on to prevent the bypass from going through even if the moratorium was challenged. Breed proposed allowing condo conversion applications to proceed for a year after a lawsuit was filed, but Chiu said that would let TIC owners convert to condos while challenging other aspects of the legislation, such as the lifetime leases for tenants in converted buildings.

Breed and Sup. Malia Cohen, who privately and rather grimly conferred with one another and sometimes Chiu before the item began a little after 4pm, were clearly the two swing votes on the question of whether the legislation would reach the crucial eight-vote threshold needed to override a possible mayoral veto. Mayor Ed Lee has refused to take a position on the issue, leaving both sides in the dark.

But after the motion to insert Breed’s amendments failed on a 5-6 vote, the board voted 8-3 to approve Chiu’s version of the legislation, with Sups. Farrell, Scott Wiener, and Katy Tang opposed. A subsequent vote on a version of the legislation backed by Farrell and Wiener – which contained a weaker poison pill and more flexible owner-occupancy provisions – then failed on a 4-7 vote, with Breed joining the three dissenting supervisors.

Underscoring this legislation was what some supervisors called a “housing affordability crisis” in San Francisco, an issue that Mayor Lee was asked about at the start of the meeting, which he deflected by claiming “our city has some of the toughest anti-displacement laws in the nation.”

We’ll analyze that discussion and offer more details on the condo conversion debate and the politics behind it tomorrow in the space, so check back then.      

Developers should pay — on time

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OPINION San Francisco used to be an eclectic city, filled with working class folks, people of color, lots of artists, and families. But that’s changed dramatically. The black population has dismally plummeted, to 6.3 percent, according to the most recent census. Families of color are streaming out, expensive condos and sky-high rentals are shooting up, and the unique mix that once was the city and made it such a diverse and culturally rich place to live and thrive is changing.

Three years ago, then-Mayor Gavin Newsom decided that private developers in San Francisco needed a local stimulus boost. The housing bubble had burst and taken the economy down with it, but Newsom wanted to ensure that private development in the city continued. So he proposed that private developers be allowed to defer paying the neighborhood impact fees on their projects, thus delaying funding for safety-net programs that help existing residents of working class neighborhoods fight displacement.

His proposal passed in 2010, and since then the Eastern Neighborhoods, SoMa, and the Octavia/Market Area have seen an upswing in private development projects coupled with rising eviction rates and housing costs, while affordable housing throughout the city becomes harder and harder to find. Because neighborhood impact fees were deferred services that would help vulnerable populations were underfunded by a total of almost $53.5 million — in 2011-2012 alone.

That lost money impacted affordable housing construction, affordable child care, development of parks and other types of open spaces, infrastructure and pedestrian-safety measures, neighborhood schools and libraries, and eviction prevention services.

Meanwhile, out-of-town private development companies are set to make millions of dollars building high-end rental units and luxury condominiums that the average San Franciscan can’t afford.

Given that private market-rate residential development in San Francisco is speeding up regardless of displacement dangers, it’s even more necessary today to strengthen and sharpen the tools our neighborhoods have for fighting displacement.

A longstanding question for San Francisco has been how to keep it from becoming a place where only the very wealthy can afford to live while the rest of us have to commute in to the city that we work in and love. Now as we field off another local housing boom fueled by speculation, we are faced again with needing to ensure that we prioritize San Franciscans over profit.

That’s why tenant groups, affordable housing advocates, and San Franciscans fighting for the right to stay in their city will be urging the Planning Commission to end the fee deferrals. The Planning Department staff has studied the issue and recommends that the Newsom program be allowed to expire; that would bring back the funds needed to invest in the vitality and vibrancy of our neighborhoods.

Come join us in helping get San Francisco’s priorities back on track at the Planning Commission meeting Thursday June 13th at 12pm in room 200 of City Hall. Private development is not worth more than the well being of working class communities, immigrants, families, LGBTQ, and tenant communities.

Maria Zamudio is a housing rights organizer for Causa Justa: Just Cause

8 Washington and the Warriors

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I won’t be a bit surprised if the Warriors start putting money behind Simon Snellgrove’s efforts to win ballot approval for his 8 Washington condo project. And it won’t be just because of general developer solidarity. And I don’t think the basketball team owners are counting on a lot of fans living just down the Embarcadero — odds are a lot of the people who buy Snellgrove’s ultra-luxury condos won’t live in San Francisco much of the time anyway.

No: What the Warriors realize is that the fate of their arena could be linked to the fate of the height-limit battle on Snellgrove’s lot.

The mayor has called the Warriors Arena his legacy project. The head of the Planning Commission says it’s a done deal. Despite the screwy financing and the serious problems with traffic and transit, this thing is moving forward through official San Francisco on greased skids.

But given the way things work in this city, it’s almost certain that the arena will wind up on the ballot. Either the Warriors will organize an initiative campaign to put it before the voters, or the opponents will. And in this case, both sides will have money — the neighbors who don’t want the project are a relatively well-off bunch.

It’s too late for anything to happen for the Warriors this fall, which means a likely battle in November, 2014. But the voters this fall may very well reject the condo towers, and if they do, it will likely hinge on the notion that San Francisco has historically reduced height limits near the Bay. Polls show most voters don’t want tall buildings on the waterfront. And a strong vote to reinforce that would have impacts for any future projects.

“If 8 Washington goes down,” former Mayor Art Agnos, who opposes both projects, told me, “then the people will have spoken out about big buildings on the waterfront, and the Warriors will be in trouble.”

Remember: The arena is only one piece of the Warriors’ project. There’s also a shopping mall, hotel and highrise housing planned for the area — and without the highrise on Seawall Lot 333, the arena doesn’t pencil out. So you can love the idea of a big ol’ flying saucer thingy on a concrete pad four times the size of Union Square sitting on the edge of the Bay and still not like the idea of (once again) spot-zoning a waterfront lot for high-end condos that will block people’s views.

If I were opposed to the arena, I’d be reaching out to the folks fighting Snellgrove and throwing some cash their way. Because this is the first in a series of battles over the use of waterfront land, and its importance goes far beyond 134 condo units.

Foggy holiday

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culture@sfbg.com

COCKTAILS Having worked in retail for the past five years, I’ve had Memorial Day off precisely zero times in the past half-decade. That means never enjoying the pleasure of spending the unofficial start of Summer barbecuing in the park, leisurely sipping ice cold beers with friends as the sun gets higher and the shorts get shorter. So when I got the email from the CEO of my new gig telling us all to go out and enjoy the holiday, I was delighted. That is until, in pure San Francisco fashion, the fog rolled in and all my visions of patios, grills, and parks misted over. What to do? My friend. Danielle and I didn’t take too long to figure it out: um, bar crawl.

We started at the Blarney Stone (5625 Geary, SF. (415) 386-9914) in the Outer Richmond. Along with some guys aching to watch a baseball game, I found myself waiting promptly at 2pm for the doors to open. Yes, that’s dedication. After taking my seat, Nathan behind the bar mixed me me a Paloma with freshly squeezed grapefruit juice, and I pulled out my book, waiting for my habitually late partner to arrive.

I’m a Blarney regular (I live a couple blocks away) and over the past four years of frequent Stoning, I’ve gotten to know the bartenders, who have gladly introduced me to some new spirits. And friendly fellow patrons have creatively helped me dodge uncomfortable encounters with any creepy visitors, all while enjoying said spirits. Can’t complain with that.

After several Palomas (at $7 each) and an Irish coffee (which was paid for by a gentleman who was probably a might too caffeinated by Irish coffees himself) — and after Danielle finally showed up — we hit the road and headed for Trick Dog (3010 20th St., SF. www.trickdogbar.com) in the Mission. I’ve been longing to hit up the Dog for some time now. If you’re a cocktail enthusiast, you already know why. Owned by Josh Harris and Scott Baird, otherwise known as swashbuckling bar-consulting duo the Bon Vivants, it’s been the hot spot ever since it opened this January.

Although all the seats were taken, we were lucky enough to be able to grab a standing spot by the window immediately after walking in. Danielle shifted through the cocktail menu made to look like a paint color swatch, while I ordered the mezcal-based Polar Bear ($11). Along with the mezcal, the Polar Bear is made with dry vermouth and Creme de Menthe. It’s a bit like a Glacier mint served up in a stemmed cocktail glass: minty and clear, instantly refreshing and smoky at the same time. I loved it. Danielle ordered the Straw Hat ($11), a Calvados (French apple brandy) drink with chestnut honey, hard cider, vermouth, rosemary, and lime served on the rocks, and I could tell in an instant she was into it. I moved on to a Baby Turtle: reposado tequila, Compari, cinnamon, grapefruit, and egg white (a weakness of mine in cocktails). It was frothy, pink, and lovely.

Blackbird (2124 Market, SF. www.blackbirdbar.com) at Church and Market, has been one of my favorite bars for a while now. Here’s hoping it remains popular but doesn’t get too crowded once the new tenants of all the condos being constructed on Market move in.

I love that the artwork inside changes as much as the drink menu (although I’m longing for the day the amazing Grape Drink returns). But nothing can beat the happy hour special. $5 sours? Yes, please.

Already floating a heavy buzz, we strolled in and easily sat at the bar. Whiskey sours would top off our night just right. Even better, more egg whites topped the yummy sours. I believe I had about three of these frothy treats before our Sidecar arrived to take us home.

After squeezing 10 drinks into six hours, I don’t remember much about the ride home (and I don’t dare look at my bank statement). But a Memorial Day filled with new drinks and new friends — cheers to that.

Dianne Feinstein and 8 Washington: The letters

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Here’s a fascinating little bit of history that relates to the 8 Washington project.

In 1984, the owners of Golden Gateway proposed to build a nine-story condo tower on the site, pretty close to where Simon Snellgove wants to build his ultra-luxury condos today. Dianne Feinstein was the mayor of San Francisco, and she didn’t like the idea at all. In fact, she sent a letter to the Redevelopment Agency Commission, which at that time controlled the land, to say that condo development was inappropriate.

(Feinstein was remarkably open about the whole thing; Willie Brown would have made one phone call, gotten his way, and left no paper trail.)

The point she made in the letter (pdf here) was that the existing Golden Gateway project was approved in the first place largely because of the promise of open space and recreation facilities. Those facilities, contrary to what Snellgrove’s team is saying, are in fact open to anyone who pays dues. “To tear up the present tennis courts to crowd a condominium tower on the site would be regrettable,” she said.

Then in 2003, another plan reared its head — developers wanted to build a $39 million condo and health-club facility on the Golden Gateway site. Again, Feinstein — by that point a US senator — weighed in with a letter of opposition. “Development of more residential units would create traffic noise and pollution and disregard the original understanding between City officials and area residents that open space and recreational amenities would be preserved.”

Feinstein’s opposition was notable: She rarely opposed any development of any sort, anywhere in the city. She allowed massive new waves of office construction and — like Ed Lee today — argued that cranes on the skyline were a sign of progress.

But this idea — condos at the 8 Washington site — was so beyond the pale that even the most pro-growth mayor in the city’s history had to oppose it.

Feinstein hasn’t said anything about the latest project. But she clearly doesn’t actively support it; when the measure came up the the Democratic County Central Committee, her representative didn’t vote.

 

 

 

 

 

 

Planning for displacement

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tredmond@sfbg.com

The intersection of Cesar Chavez and Evans Avenue is a good enough place to start. Face south.

Behind you is Potrero Hill, once a working-class neighborhood (and still home to a public housing project) where homes now sell for way more than a million dollars and rents are out of control. In front, down the hill, is one of the last remaining industrial areas in San Francisco.

Go straight along Evans and you find printing plants, an auto-wrecking yard, and light manufacturing, including a shop that makes flagpoles. Take a right instead on Toland, past the Bonanza restaurant, and you wander through auto-glass repair, lumber yards, plumbing suppliers, warehouses, the city’s produce market — places that the city Planning Department refers to at Production, Distribution, and Repair facilities. Places that still offer blue-collar employment. There aren’t many left anywhere in San Francisco, and it’s amazing that this district has survived.

Cruise around for a while and you’ll see a neighborhood with high home-ownership rates — and high levels of foreclosures. Bayview Hunters Point is home to much of the city’s dwindling African American population, a growing number of Asians, and much higher unemployment rates than the rest of the city.

Now pull up the website of the Association of Bay Area Governments, a well-funded regional planning agency that is working on a state-mandated blueprint for future growth. There’s a map on the site that identifies “priority development area” — in planning lingo, PDAs — places that ABAG, and many believers in so-called smart growth, see as the center of a much-more dense San Francisco, filled with nearly 100,000 more homes and 190,000 new jobs.

Guess what? You’re right in the middle of it.

The southeastern part of the city — along with many of the eastern neighborhoods — is ground zero for massive, radical changes. And it’s not just Bayview Hunters Point; in fact, there’s a great swath of the city, from Chinatown/North Beach to Candlestick Park, where regional planners say there’s space for new apartments and condos, new offices, new communities.

It’s a bold vision, laid out in an airy document called the Plan Bay Area — and it’s about to clash with the facts on the ground. Namely, that there are already people living and working in the path of the new development.

And there’s a high risk that many of them will be displaced; collateral damage in the latest transformation of San Francisco.

CLIMATE CHANGE AND “SMART GROWTH”

The threat of global climate change hasn’t convinced the governor or the state Legislature to raise gas taxes, impose an oil-severance tax, or redirect money from highways to transit. But it’s driven Sacramento to mandate that regional planners find ways to reduce greenhouse gas emissions in California cities.

The bill that lays this out, SB375, mandates that ABAG, and its equivalents in the Los Angeles Basin, the Central Coast, the Central Valley and other areas, set up “Sustainable Communities Strategies” — land-use plans for now through 2040 intended to reduce greenhouse gas emissions by 15 percent.

The main path to that goal: Make sure that most of the 1.1 million people projected to live in the Bay Area by 2040 be housed in already developed areas, near transit and jobs, to avoid the suburban sprawl that leads to long commutes and vast amounts of car exhaust.

The notion of smart growth — also referred to as urban infill — has been around for years, embraced by a certain type of environmentalist, particularly those concerned with protecting open space. But now, it has the force of law.

And while ABAG is not a secret government with black helicopters that can force cities to do its will — land-use planning is still under local jurisdiction in this state — the agency is partnering with the Metropolitan Transportation Commission, which controls hundreds of millions of dollars in state and federal transportation money. And together, they can offer strong incentives for cities to get in line.

Over in Contra Costa and Marin counties, at hearings on the plan, Tea Party types (yes, they appear to exist in Marin) railed against the notion of elite bureaucrats forcing the wealthy enclaves of single-family homes to accept more density (and, gasp, possibly some affordable housing). In San Francisco, it’s the progressives, the transit activists, and the affordable housing people who are starting to get worried. Because there’s been almost zero media attention to the plan, and what it prescribes for San Francisco is alarming — and strangely nonsensical.

Under the ABAG plan, San Francisco would approve 92,400 more housing units for 280,000 more people. The city would host 190,000 more jobs, many of them in what’s called the “knowledge economy,” which mostly means high tech. Second and third on the list: Health and education, and tourism.

The city currently allows around eight cars for every 10 housing units; as few as five in a few neighborhoods, at least 10 in many others. And there’s nothing in any city or regional plan right now that seeks to change that level of car dependency. In fact, the regional planners think that single-occupancy car travel will be the mode of choice for 48 percent of all trips by 2040 — almost the same as it is today.

And since most of the new housing will be aimed at wealthier people, who are more likely to own cars and avoid catching buses, San Francisco could be looking for ways to fit 73,000 more cars onto streets that are already, in many cases, maxed out. There will be, quite literally, no place to park. And congestion in the region, the planners agree, will get a whole lot worse.

That seems to undermine the main intent of the plan: Transit-oriented development only works if you discourage cars. In a sense, the car-use projections are an admission of failure, undermining the intent of the entire project.

The vast majority of the housing that will be built will be too expensive for much of the existing (and even future) workforce and will do little to relieve the pressure on lower income people. But there is nothing whatsoever in the plan to ensure that there’s money available to build housing that meets the needs of most San Franciscans.

Instead, the planners acknowledge that 36 percent of existing low-income people will be at risk for displacement. That would be a profound change in the demographics of San Francisco.

Of course, adding all those people and jobs will put immense pressure on city services, from Muni to police, fire, and schools — not to mention the sewer system, which already floods and dumps untreated waste into the Bay when there’s heavy rain. Everyone involved acknowledged those costs, which could run into the billions of dollars. There is nothing anywhere in any of the planning documents addressing the question of who will pay for it.

THE NUMBERS GAME

Projecting the future of a region isn’t easy. Job and population growth isn’t a straight line, at best — and when you’re looking at a 25-year window in a boom-and-bust area with everything from earthquakes to sea-level rise factoring in, it’s easy to say that anyone who claims to know what’s going to happen in 2040 is guessing.

But as economist Stephen Levy, who did the regional projections for ABAG, pointed out to us, “You have to be able to plan.” And you can’t plan if you don’t at least think about what you’re planning for.

Levy runs the Center for the Continuing Study of the California Economy, and he’s been watching trends in this state for years. He agrees that some of his science is, by nature, dismal: “Nobody projects deep recessions,” much less natural disasters. But overall, he told me, it’s possible to get a grip on what planners need to prepare for as they write the next chapter of the Bay Area’s future.

And what they have to plan for is a lot more people.

Levy said he started with the federal government’s projections for population growth in the United States, which include births and deaths, immigration, and out-migration, using historic trends to allocate some of that growth to the Bay Area. There’s what appears at first to be circular logic involved: The feds (and most economists) project that job growth nationally will be driven by population — that is, the more people live in the US, the more jobs there will be.

Population growth in a specific region, on the other hand, is driven by jobs — that is, the more jobs you have in the Bay Area, the more people will move here.

“Jobs in the US depend on how many people are in the labor force,” he said. “Jobs in the Bay Area depend on our share of US jobs and population depends on relative job growth.”

Make sense? No matter — over the years it’s generally worked. And once you project the number of people and jobs expected in the Bay Area, you can start looking at how much housing it’s going to take to keep them all under a roof.

Levy projects that the Bay Area’s share of jobs will be higher than most of the rest of the country. “This is the home of the knowledge industry,” he told me. So he’s concluded that population in the Bay Area will grow from 7.1 million to 9.2 million — an additional 2.14 million people. They’ll be chasing some 1.1 million new jobs, and will need 660,000 new housing units.

Levy stopped there, and left it to the planners at ABAG to allocate that growth to individual cities — and that’s where smart growth comes in.

For decades in the Bay Area, particularly in San Francisco, activists have waged wars against developers, trying to slow down the growth of office buildings, and later, luxury housing units. At the same time, environmentalists argued that spreading the growth around creates serious problems, including sprawl and the destruction of farmland and open space.

Smart growth is supposed to be an alternative: the idea is to direct new growth to already-established urban areas, not by bulldozing over communities (as redevelopment agencies once did) but by the use of “infill” — directing development to areas where there’s usable space, or by building up and not out.

ABAG “focused housing and jobs growth around transit areas, particularly within locally identified Priority Development Areas,” the draft environmental impact report on the plan notes.

The draft EIR is more than 1,300 pages long, and it looks at the ABAG plan and several alternatives. One alternative, proposed by business groups, would lead to more development and higher population gains. Another, proposed by community activist groups including Public Advocates, Urban Habitat, and TransForm, is aimed at reducing displacement and creating affordable housing; that one, it turns out, is the “environmentally preferred alternative.” (See sidebar).

But no matter which alternative you look at, two things leap out: There is nothing effective that ABAG has put forward to prevent large-scale displacement of vulnerable communities. And despite directing growth to transit corridors, the DEIR still envisions a disaster of traffic congestion, parking problems, and car-driven environmental wreckage.

THE DISPLACEMENT PROBLEM

ABAG has gone to some lengths to identify what it calls “communities of concern.” Those are areas, like Bayview Hunters Point, Chinatown, and the Mission, where existing low-income residents and small businesses face potential displacement. In San Francisco, those communities are, to a great extent, the same geographic areas that have been identified as PDAs.

And, the DEIR, notes, some degree of displacement is a significant impact that cannot be mitigated. In other words, the gentrification of San Francisco is just part of the plan.

In fact, the study notes, 36 percent of the communities of concern in high-growth areas will face displacement pressure because of the cost of housing. And that’s region wide; the number in San Francisco will almost certainly be much, much higher.

Miriam Chion, ABAG’s planning and research director, told me that displacement “is the core issue in this whole process.” The agency, she said, is working with other stakeholders to try to address the concern that new development will drive out longtime residents. But she also agreed that there are limited tools available to local government.

The DEIR notes that ABAG and the MTC will seek to “bolster the plan’s investment in the Transit Oriented Affordable Housing Fund and will seek to do a study of displacement. It also states: “In addition, this displacement risk could be mitigated in cities such as San Francisco with rent control and other tenant protections in place.”

There isn’t a tenant activist in this town who can read that sentence with a straight face.

The problem, as affordable housing advocate Peter Cohen puts it, is that “the state has mandated all this growth, but has taken away the tools we could use to mitigate it.”

That’s exactly what’s happened in the past few decades. The state Legislature has outlawed the only effective anti-displacement laws local governments can enact — rent controls on vacant apartments, commercial rent control, and eviction protections that prevent landlords from taking rental units off the market to sell as condos. Oh, and the governor has also shut down redevelopment agencies, which were the only reliable source of affordable housing money in many cities.

Chion told me that the ABAG planners were discussing a list of anti-displacement options, and that changes in state legislation could be on that list. Given the power of the real-estate lobby in the state Capitol, ABAG will have to do more than suggest; there’s no way this plan can work without changing state law.

Otherwise, eastern San Francisco is going to be devastated — particularly since the vast majority of all housing that gets built in the city, and that’s likely to get built in the city, is too expensive for almost anyone in the communities of concern.

“This plan doesn’t require affordable housing,” Cindy Wu, vice-chair of the San Francisco Planning Commission, told me. “It’s left to the private market, which doesn’t build affordable housing or middle-class housing.”

In fact, while there’s plenty of discussion in the plan about where money can come from for transit projects, there’s virtually no discussion of the billions and billions that will be needed to produce the level of affordable housing that everyone agrees will be needed.

Does anyone seriously think that developers can cram 90,000 new units — at least 85 percent of them, under current rules, high-cost apartments and condos that are well beyond the range of most current San Franciscans — into eastern neighborhoods without a real-estate boom that will displace thousands of existing residents?

Let’s remember: Building more housing, even a lot more housing, won’t necessarily bring down prices. The report makes clear that the job growth, and population boom that accompanies it, will fuel plenty of demand for all those new units.

Steve Woo, senior planner with the Chinatown Community Development Center, sees the problem. In a letter to ABAG, he notes: “Plan Bay Area and its DEIR has analyzed the displacement of low-income people and explicitly acknowledges that it will occur. This is unacceptable for San Francisco and for Chinatown, where the pressures of displacement have been a constant over the past 20 years.”

Adds the Council of Community Housing Organizations: “It would be irresponsible for the regional agencies to advance a plan that purports to ‘improve’ the region’s communities as population grows while the plan simultaneously presents great risk and uncertainty for many vulnerable communities.”

Jobs are at stake, too — not tech jobs or office jobs, which ABAG projects will expand, but the kind of industrial jobs that currently exist in the priority development areas.

Calvin Welch, who has been watching urban planning and displacement issues in San Francisco for more than 40 years, puts it bluntly: “It is axiomatic that market-rate housing drives out blue-collar jobs,” he said.

Of course, there’s another potential problem: Nobody really knows where jobs will come from in the next 25 years, whether tech will continue to be the driver or whether the city’s headed for a second dot-com bust. San Francisco doesn’t have a good record of building for projected jobs: In the mid-1980s, for example, the entire South of Market area (then home to printing, light manufacturing, and other blue-collar jobs) was rezoned for open-floor office space because city officials projected a huge need for “back-office” functions like customer service.

“Where are all those jobs today?” Welch asked. “They’re in India.”

TOO MANY CARS

For a plan that’s designed to reduce greenhouse gas emissions by moving residential development closer to work areas, Plan Bay Area is awfully pessimistic about transportation.

According to the projections, there will be more cars on the roads in 2040, with more — and much worse — traffic. The DEIR predicts that a full 48 percent of all trips in 2040 will be made by single-occupant vehicles — just slightly down from current rates. The percentage of trips on transit will only be a little bit higher — and there’s no significant increase in projected bicycle trips.

That alone is pretty crazy, since the number of people commuting to work by bike in San Francisco has risen dramatically in the past 10 years, and the city’s official goal is that 20 percent of all vehicle trips will be by bike in the next decade.

Part of the problem is structural. Not everyone in San Francisco 2040 is going to be a high-paid tech worker. In fact, the most stable areas of employment are health services and government — and hospital workers and Muni drivers can’t possibly afford the housing that’s being built. So those people will — the DEIR acknowledges — be displaced from San Francisco and forced to live elsewhere in the region (if that’s even possible). Which means, of course, they’ll be commuting further to work. Meanwhile, if current trends continue, many of the people moving into the city will work in Silicon Valley.

Chion and Levy both told me that the transit mode projections were based on historical trends for car use, and that it’s really hard to get people to give up their cars. Even higher gas prices and abominable traffic delays won’t drive people off the roads, they said.

If that’s the case — if auto culture, which is a top source of global climate change, doesn’t shift at all — it would seem that all this planning is pointless: the seas will rise dramatically, and San Franciscans ought to be buying boats.

“The projections don’t take into account social change,” Jason Henderson, a geography professor at San Francisco State University and a local transportation expert, told me. “And social change does happen.”

Brad Paul, a longtime housing activist who now works for ABAG, said these projections are just a start, and that the plan will be updated every four years. “I think we’re finding that the number of people who want to drive cars will go down,” he said.

Henderson argues that the land-use policy is flawed. He suggests that it would make more sense to increase density in the Bay Area suburbs along the BART lines. “Elegant development in those areas would work better,” he said. You don’t need expensive high-rises: “Four and five stories is the sweet spot,” he explained.

Most of the transportation projects in the plan are already in the pipeline; there’s no suggestion of any major new public transit programs. There is, however, a suggestion that San Francisco adopt a congestion management fee for downtown driving — something that city officials say is the only way to avoid utter gridlock in the future.

SIDELINING CEQA

ABAG and the MTC have a fair amount of leverage to implement their plans. MTC controls hundreds of millions of dollars in transit money; ABAG will be handing out millions in grants to communities that adopt its plan. And under state law, cities that allow development in PDAs near transit corridors can gain an exemption from the California Environmental Quality Act.

CEQA is a powerful tool to slow or halt development, and developers (and some public officials) drool at the prospect of getting a fast-track pass to avoid some of the more cumbersome parts of the environmental review process.

Under SB 375 and Plan Bay Area, CEQA exemptions are available to projects that meet the Sustainable Community Strategy standards and are close to transit corridors. And when you look at the map of those areas, it’s pretty striking: All of San Francisco, pretty much every square inch, qualifies.

That means that almost any project almost anywhere in town can make a case that it doesn’t need to accept full CEQA review.

The most profound missing element in this entire discussion is the cost of all this growth.

You can’t cram 210,000 more residents into San Francisco without new schools, parks, and child-care centers. You can’t protect those residents without more police officers and firefighters. You can’t take care of their water and sewer needs without substantial infrastructure upgrades. And even if there’s state and federal money available for new buses and trains, you can’t operate those systems without paying drivers, mechanics, and support workers.

There’s no question that the new development will bring in more tax money. But the type of infrastructure improvements that will be needed to add 25 percent more residents to the city are really expensive — and every study that’s ever been done in San Francisco shows that the tax benefits of new development don’t cover the costs of public services it requires.

When World War II and the post-war boom in the Bay Area brought huge growth to the region, property taxes and federal and state money were adequate to build things like BART, the freeways, and hundreds of new schools, and to staff the public services that the emerging communities needed. But that all changed in 1978, with the passage of Prop. 13, and two years later, with the election of Ronald Reagan as president.

Now, federal money for cities is down to a trickle. Local government has an almost impossible time raising taxes. And instead of hiking fees for new residential and commercial projects, many communities (including San Francisco) are offering tax breaks to encourage job growth.

Put all that in the mix and you have a recipe for overcrowded buses, inadequate schools, overstressed open space (imagine 10,000 new Mission residents heading for Dolores Park on a nice day), and a very unattractive urban experience.

That flies directly in the face of what Plan Bay Area is supposed to be about. If the goal is to cut down on commutes by bringing new residents into developed urban areas, those cities have to be decent places to live. What would it cost to accommodate this level of new development? Five billion dollars? Ten billion? Nobody knows — because nobody has run those numbers. But they’re going to be big.

Because just as tax dollars have been vanishing, the costs of infrastructure keep going up. It costs a billion dollars a mile to build BART track. It’s costing more than a billion to build a short subway to Chinatown. Just upgrading the sewer system to handle current demands is a $4 billion project.

And if the developers and property owners who stand to make vast sums of money off all of this growth aren’t going to pay, who’s left?

The ABAG planners point out, correctly, that there’s a price for doing nothing. If there’s no regional plan, no proposal for smart growth, the population will still increase, and displacement will still happen — but the greenhouse gas emissions will be even worse, the development more haphazard.

But if the region is going to spend all this money and all this time on a plan to make the Bay Area more sustainable, more livable, and more affordable in 25 years, we might as well push all the limits and get it right.

Instead of looking at displacement as inevitable, and traffic as a price of growth, the planners could tell the state Legislature and the governor that it’s not possible to comply with SB375 — not until somebody identifies the big sums of money, multiples of billions of dollars, needed to build affordable housing; not until there are transit options, taxes, and restrictions on driving.

Because continued car use and massive displacement — the package that’s now facing us — just isn’t an acceptable option.

Former planning director explains 8 Washington lies

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Nice oped piece in the Examiner by former City Planning Director Allan Jacobs about the lies behind the campaign to save 8 Washington from ignominous ballot-box defeat. Jacobs, who knows what he’s talking about, explains the problem with spot-zoning, which is pretty common now in San Francisco.:

San Francisco’s now-famous urban design plan addressed issues of height and bulk of buildings citywide, very much including the waterfront. Those matters became law. The piecemeal game playing that is central to what we are being asked to approve is a terrible way to make public policy — all the more so because it benefits a few high-end developers.

He also debunks some of the lies in the “Open Up the Waterfront” campaign, which is paid for by Developer Simon Snellgrove and his partners (who stand to make a fortune on this deal). Among the claims that signature-gatherers are making:

The project will create more public parks, a more accessible waterfront, and more jobs or a toxic asphalt parking lot and an obstructing 1,735 foot fence with a “members only” club.

Now: Jacobs argues that the “more public space” will include space that will be public only to the owners of the condos. But I also want to say something about this “members only” club.Yeah: The Golden Gate Swim and Tennis Club is restricted to people who pay dues. The new athletic club that Snellgrove is promising to build will also be “members only.” So, by the way, is the YMCA, just down the street. It’s “public” in the sense that anyone can join, “private” in the sense that only dues-paying members are allowed to use it.Anyone can join the current club on the site, for a price. It’s not cheap, but it’s not over-the-top expensive.

We have no idea what the dues at the new club will be, but we know this: The GGSTC has in its bylaws a requirement that it be open to anyone, not just to people who live at Golden Gateway. There is as of now no such requirement for Snellgrove’s new “private” club, which could be limited to the (very) rich owners of the new condos.It won’t be “public” in the way that city rec centers are public, open on a daily basis to anyone who comes in the door (although sometimes you have to pay a few bucks to swim.” So really, the difference between the existing club and the replacement club isn’t relevant to this discussion.

Every developer-driven campaign comes up with some misinformation and claims that don’t survive serious scrutiny. Glad Allan Jacobs is on the case.

Democrats reject 8 Washington

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The San Francisco Democratic Party has voted to oppose the 8 Washington project and to endorse the ballot measure that would halt it.

By a 15-4 margin, the Democratic County Central Commitee, which makes policy for the local party, endorsed a No vote on the fall referendum that would negate the height limit increase developer Simon Snellgrove says he needs to build the ultra-luxury condos. The units would be the most expensive in San Francisco history.

The supervisors approved the height limit last fall. The referendum puts the issue directly before the voters, and foes of the project need a “no” vote to reject it.

“This was a huge victory,” Jon Golinger, who is running the campaign against the condos, told me. “The Democratic Party is a huge endorsement in San Francisco.”

That’s particularly true in a low-turnout election — and since there aren’t any high-profile races on this November’s ballot, I would guess only the most serious voters will make it to the polls.

The Sierra Club — another group that carries a lot of clout — has already come out against the project.

Snellgrove’s forces first tried to delay the vote until late summer, arguing that the committee needed more time to get all the facts. But Sup. David Chiu, a DCCC member, noted that this project has been discussed and analyzed and fought over for so long already that there’s nothing new anyone could possibly learn by delaying.

The motion to delay failed. Only Bevan Dufty, Sup. Scott Wiener, Sup. Malia Cohen and Kat Anderson voted in favor of the project. Voting against were Bill Fazio, Trevor McNeil, Kelly Dwyer, Leah Pimentel, Hene Kelly, Alix Rosenthal, Carole Migden, Rafael Mandelman, Matt Dorsey, Petra DeJesus, Assemblymember Tom Ammiano, State Senator Leland Yee, Chiu, Sup. David Campos, and Sup. John Avalos.

 

Can the tech boom solve our housing crisis? No, but it can make it worse

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 San Francisco Housing Action Coalition and San Francisco Magazine posed an intriguing question at a forum they sponsored last night in the W Hotel: “San Francisco’s Housing Crisis: Can the Tech Boom Help Us?” Unfortunately, it wasn’t a question they ever really addressed at an event of, by, and for developers and their most ardent supporters.

Instead, the event was mostly just pro-development boosterism supporting HAC’s goal of building 100,000 new homes in SF over the next 20 years, and the discussion seems to show that the tech boom will exacerbate the housing crisis without ever addressing it, particularly given the local tax breaks and subsidies Mayor Ed Lee keeps giving the industry.

“San Francisco must radically increase its anemic housing production,” HAC Executive Director Tim Colen said during the introduction.

The pro-development cheerleading was slightly offset by the dose of reality offered by panelist Peter Cohen of the San Francisco Council of Community Housing Organizations, who noted that market rate developers aren’t building for today’s San Franciscans, 61 percent of whom make less than 120 percent of the Area Median Income. 

“We don’t believe the market will ever touch the 120 and lower,” Cohen said, later offering, “How do we build for the kind of San Francisco we have now?”

San Francisco Magazine Editor-in-Chief Jon Steinberg, who moderated the panel, said this event grew out of an important and widely acclaimed story that David Talbot wrote for the magazine last fall, “How Much Tech Can One City Take?” that raised critical questions about the wisdom of the big bet that San Francisco has placed on an industry driven by speculative bubbles.

“We got more responses from readers than anything we published in our history,” Steinberg said of the article, before shamefully expressing second thoughts on publishing it. “I felt the writer had been a little hard on our friends in the tech industry.”

He introduced UC Berkeley Economics Professor Enrico Moretti, whose 2012 book “The New Geography of Jobs” argues for reducing regulations that hinder housing production in cities, by saying that if he’d read it before publishing Talbot’s excellent article, “I think it would have had a little different tenor.”

Yet Moretti’s presentation was an overly simplistic Economics 101 argument that housing prices go up when demand is strong and supply is weak. “It doesn’t take a degree in economics to know those workers will bid up the price of housing,” Moretti said after noting San Francisco added 21,500 job but just 2,548 new housing units last year.

That’s the basic line we hear a lot these days, that only a massive housing construction boom will keep housing prices down and prevent mass displacement. “The only answer is to radically increase the supply,” said SPUR Executive Director Gabriel Metcalf, noting that means tossing out many of the city’s historic preservation and height and density restrictions. “All we have to do is get out of the way and allow housing to increase to make it normal again.”

Metcalf confidently predicted that housing prices and rents would drop if the city pursued that kind of unfettered housing boom, offering to buy Cohen a beer if he was wrong. Yet even Moretti’s research shows that Metcalf would probably lose that bet.

Moretti compared San Francisco to Seattle, which is also experiencing a comparable high-tech job boom that exacerbated a housing supply shortage, which Seattle responded to by following the prescription of HAC and building thousands of new condos in the downtown core.

The result was that rents in Seattle have increased 31 percent less than San Francisco’s, which he called significant, despite the fact that rents are still on the rise there even with a massive influx of new people and condos and all the infrastructure challenges that presents (it’s widely accepted that new development in San Francisco doesn’t pay for the full cost of infrastructure needed to serve it, which is a huge issue in the transportation sector alone).

Nobody had a good answer to Cohen’s point that building tons of market rate housing won’t actually do much to prevent the displacement of a majority of current city residents. As he put it, “What’s missing is who is that housing for, who is it actually serving?”

Metcalf welcomes the wholesale transformation of San Francisco – “It will be a change, a total change, and guess what? That could be great.” – but even he argues for the importance of policies that protect those on the bottom half of the economic scale, from rent control to more government-subsidized affordable housing production.

As Metcalf, one of the biggest market rate development cheerleaders in city, said, “If it were not for rent control, I would have been forced out of the city by now.”

Supes worry about 8 Wash shit show

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The Chronicle seems to have entirely missed the latest installation in the 8 Washington shit show, but the Ex has the story, and, even if it doesn’t mean the project is in the toilet, it’s given opponents another reason to flush it.

Could I possibly use any worse metaphors?

Sups. David Campos and David Chiu are unhappy that city agencies — possibly fast-tracking a project that the mayor’s pal Rose Pak really loves — may not have been fully forthcoming about the fact that there’s a chance the construction (or the shifting of ground after the project is complete) could crack a sewage line that serves about a quarter of the city.

Here’s what makes me nervous:

During construction, liability to pay for damage after a pipe rupture would be on the developer. Simon Snellgrove of the Pacific Waterfront Partners has long fought to build the 134-unit condo development, even hitting the streets himself to try to hamper the signature-gathering effort by the development’s opponents to place the referendum on the November ballot.
Once all the units are sold, damage liability would shift to the homeowners.

What does that mean? It means if there’s a catastrophic sewage rupture after construction is complete, there will be lawsuits aplenty over who is at fault and who pays — and in the meantime, the taxpayers will fork over the money to keep the effluvium out of the streets. Which could be (I’m sorry, can’t help it) a shitload of money.

That, and the fact that the city is willing to let some very serious concerns slide in the name of building condos for the richest of the rich who won’t even really live here most of the time.

The 8 Washington-Monterey connection

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The guy who wants to build the most expensive condos in San Francisco history on the waterfront is facing a ballot measure that could derail his dreams — so he’s hiring a team of signature-gatherers to put a competing measure on the ballot. Which makes little sense to us, since when the voters are confused, then tend to vote against things, and there will be two measures (confusing) and all the opponents of the 8 Washington have to go is get people to vote No, which is easier than Yes.

But whatever.

What intrigued us is that the signature-gathering company that is about to launch Simon Snellgove’s pro-condo drive is also doing a petition drive a couple hours to the south — where environmentalists are facing off against a developer who wants to build a luxury horse-racing facility along with housing, two hotels, and an office complex on the old Fort Ord military base in Monterey.

The opponents, who want to preserve open space, are doing an initiative campaign to block it — and the developer is now doing his own counter-intiative.

According to a message on the petition company’s voice mail, signature gatherers are getting $1.60 a signature in Monterey. Don’t know yet what they’re getting in San Francisco.

And of course, the developers in Monterey are talking about jobs and recreation and parks — just as they are in San Francisco. Someone must have done a few focus groups on that.

If Monterey Downs gets built (and for the record, I am not an opponent of race tracks, horse racing, or gambling, and I love Golden Gate Fields and its $1 beers) it won’t be the kind of blue-collar cheapie place across the Bay. It will be a high-end equestrian center. “Maybe,” Jon Golinger, an 8 Washington foe, says, “that’s where the multimillionaires in the new condos will keep their horses.”

It’s an interesting political tactic — block an opposition intiative with one of your own — and it’s going to play out twice this fall in Northern California. If it works, the developers will have yet another tool. If it fails, that may be the end of it.

 

Condo bypass legislation now before the full board

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Controversial condominium lottery bypass legislation — sponsored by Sups. Mark Farrell and Scott Wiener but substantially modified by tenant group that strongly opposed the original legislation, with the help of Sup. David Chiu, Jane Kim, and Norman Yee — is finally coming to the full Board of Supervisors today (Tues/7, starting at 2pm).

Those involved in the negotiations say the legislation will likely to be returned to the Land Use Committee because of amendments being introduced today that the City Attorney’s Office has deemed substantial enough to require another public hearing. [UPDATE: The board voted unanimously to send this back to committee, which will consider it on Monday the 13th].They include a provision pushed by tenant groups that would scuttle the lottery bypass if the 10-year lottery moratorium is challenged in court. 

That moratorium was pushed by tenants and their supporters as a tradeoff for letting a backlog of around 2,000 tenancy-in-common owners buy their way out of the city’s lottery for the annual allowed conversion of 200 TICs into condominiums, which are more valuable and easier to sell and finance than TICs.

Farrell told the Guardian late last week that he was still negotiating with both sides and hopeful that he might be able to support the legislation, despite the hostile amendments that Chiu made which were opposed by Farrell and Wiener in committee.

San Francisco Tenants Union head Ted Gullicksen told us that the tenants’ side was willing to accept a couple of the technical amendments that Farrell proposed during negotiations with them, including exempting from the bypass fee the 19 building that have awaited conversion the longest and allowing some owner-occupier changes as the bypass is phased in over six years.

He said Farrell also proposed that if less than 2,000 condos opt for the bypass, then the difference in numbers would be added to the allowable number of condos in the first year that the lottery is restored, which the tenants’ groups haven’t yet agreed to.

Farrell and Wiener are also expected to offer other amendments, but the tenant groups have said they’ve gone as far as they’re willing to in allowing any increase in condo conversions, and they seem to have six solid votes lined up on the board.

Yet it’s still an open question how new amendments might affect those political dynamics, how the real estate industry (which simply wants as many condo conversions as possible) will respond, whether Mayor Ed Lee (who has avoided taking a position on the legislation) will sign or veto whatever emerges, and whether whoever is left unsatisfied by this deal will try to go to the ballot.

In other words, there may be some tricky political maneuvering ahead, so stay tuned. 

Mean Greens

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culture@sfbg.com

THE BLOB Good green goddess, we’re only midway through the season but your Blob is getting asparagused out! This year, that delectable spring stalk seems especially abundant on menus about the Bay, from the warming canh cua mang tay (crab and asparagus soup) at PPQ Dungeness Island (www.ppqcrab.com) in the Outer Richmond to the verdant asparagus ice cream served at a Blob friend’s garden party. Along the way: zingy asparagus lemon pizzetta with prosciutto at Per Diem (www.perdiem.com) in the FiDi, using Zuckerman Farm in Stockton’s trademark purple variety, and the snap of a Shattuck tempura roll with battered yam at Mission vegan Japanese go-to Cha-Ya (762 Valencia, SF).

The following treats are deliberately void of nubby spears — you can asparaguess why. Yet they’re pretty veg-tacular all the same.

 

WOLFGANG SALAD AT MARKET AND RYE

As the Blob was rolling through the diner-riffic wonderland that is West Portal — seriously, the bottomless coffee per square footage of this neighborhood is out of countrol — she remembered a sustainable, construct-your-own salad green spot had sprung up among the laden hash brown platters: Market and Rye. (There’s also one on Potrero Hill.) With choices like strawberries, flax seeds, crispy onions, and, yes, roasted asparagus, it was a lunch lock. It was also lunch rush, and the supercute staff seemed a might stretched to put together everyone’s picky orders, so the Blob chose a signature Wolfgang salad ($10.50) instead. It’s a twist on your old school Asian chicken salad, loaded with roasted chicken, red cabbage, carrots,

toasted sesame seeds, mandarin oranges, crunchy Asian trail mix, and hot mustard soy vinaigrette.

The dressing was just a might too creamy-thick for the Blob’s taste. But if there’s one thing

she loves, it’s a twisted Asian chicken salad. So she sat right down at the rustic space’s communal table with her Mason jar of strawberry water — and Wolfganged that ish right down. You can also order yummy premade salads like spring pea with lemon dressing or broccolini Waldorf by the scoop, like ice cream, which is neat.

68 West Portal and 300 De Haro, www.marketandrye.com

 

HAYES VALLEY FARM COCKTAIL AT ORBIT ROOM

The Orbit Room is such a special splice of atmospheric Europe cafe into artisanal SF cocktailia that the Blob hates to risk ruining it by overpromotion. Its spring drink menu is stunning ($10 each — add egg white for two more dollars, cluck cluck). The Blob stopped in with tasty amiga the Tablehopper (www.tablehopper.com), who recounted her scandalous Coachella exploits while enthusing over a Koriander — practically a salad in a glass, with leafy cilantro, tequila, ginger syrup, lime, and celery bitters. A Spring Shrub shapes a traditional American shrub (a colonial-era cocktail using sweetened vinegar syrup) with strawberry balsamic and black peppercorn base, vodka, lemon, a splash of rosé, and mint seltzer.

But the delicious Hayes Valley Farm coated the Blob’s gullet. It’s a classic bee’s knees cocktail, popular during Prohibition, with honey from the farm down the street, gin, lemon, celery juice, and rose water — all romantically garnished with dried rose petals. Sweet, but also bittersweet: sweet because the Hayes Valley farm honey came back after a massive bee die-off in 2010, bitter(ish) because the farm itself will be demolished next month for pricey condos. (The stalwart farmers claim to be OK with this, appreciating the brief time they had.) In 50 years, will people believe there was once a thriving farm there, not in 1813 but in 2013?

1900 Market, SF. www.orbitroomcafe.com

 

“LA FESTA DI TUTTE LE FESTE” AT CUPOLA

If you’re going to name something “the feast of all feasts” and price it at $30 per person, you know the Blob’s gonna check it out — even if it’s at a mall (in this case under the dome, thus “cupola,” at the Westfield Center). And yes, even though it does that awful phony four percent HealthySF surcharge thing, which the Blob didn’t know until she got the bill. Up to that point, she would have recommended it profligately.

Strap yourself in for eight or so random courses from handsome Lark Creek offshoot Cupola’s impressive Italian menu, decided by the kitchen. (A complementary “Festa Di Bacchus” wine journey can be had for $17.) As in: two-plus hours of well-portioned food — no flighty tasting menu flim-flam here, these are actual dishes. As in: the Blob and her companion Pinky received two whole Neapolitan pizzas (margherita and spice sopressata), a gloriously delicate handkerchief pasta with simple red sauce, a butter lettuce and gorgonzola salad, another salad of chopped veggies and wine-marinated croutons, an al dente squash and (sorry) asparagus dish, and frothy strawberry tiramisu. The highlight? A somehow feather-light artichoke lasagna — they do pasta soft here — accompanied by an arugula-cashew salad. Finally, the Blob was stuffed!

Westfield Center, 845 Market Street, fourth floor, www.cupolasf.com

 

You want scary? We’ve got an eviction map

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You want to see something frightening on a lovely afternoon? Check out this amazing interactive map of Ellis Act evictions in San Francisco put together by Brian Whitty.

It’s stunning: Between 1997 and 2013, it seems as if most of the Mission, Noe Valley, North Beach, the Marina, and Potrero Hill was evicted. Hundreds and hundreds of apartments turned into TICs, which now want to convert to condos. Hundreds and hundreds of tenants, who once had rent-controlled apartments, losing their homes — and given the price of housing, losing their ability to live in San Francisco.

Each little red flag is a human tragedy. Each one represents a transforming city that no longer has room for the middle class, much less poor people. It makes we want to cry. Or throw up. Or something.

On 8 Washington, it’s No, No

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The November ballot may contain not one but two measures addressing super-luxury condos on the waterfront. And that could pose a serious problem for the developer of the 8 Washington condominium project.

The Board of Supervisors approved that proposed 134-unit complex, which would be the most expensive condos ever built in San Francisco, in June, 2012, but immediately opponents gathered enough signatures to force a vote of the people. The referendum would overturn the increased height limits that developer Simon Snellgrove wants for the site.

That, it turns out, is a popular notion: “If Snellgrove is looking at the same polls we’re looking at, the public is not interested in raising building heights on the waterfront,” Jon Golinger, who is running the referendum campaign, told us.

So Snellgrove is now funding his own initiative — a ballot measure that would essentially approve the entire project, allowing 136-foot buildings along the Embarcadero and giving the green light to start construction on housing for multimillionaires.

The paperwork for the initiative was set to be filed April 23, allowing Snellgrove’s team to begin collecting signatures. They’ll need more than 9,000 valid ones to make the November ballot — and that’s not much of a threshold. If the developer funds the signature-gathering effort — which he’s vowed to do — he’ll almost certainly get enough people who are fooled by the fancy name of his campaign: “San Franciscans for Parks, Jobs, and Housing.”
That, presumably, suggests that there are San Franciscans who are against Parks, Jobs, and Housing, although we don’t know any of them. We just know people who think this particular project provides housing the city doesn’t need without paying nearly enough for affordable units.

At any rate, the campaign manager for this effort, according to the paperwork filed at the Department of Elections, is Derek Jensen, a 20-something communications consultant who was Treasurer of the Lee for Mayor Campaign. The address for the waterfront initiative is listed as 425 Market St, 16th floor –which, by the way, was the same address used by the Lee Campaign. And since it’s right near our office, we took a stroll over to see what the Snellgrove forces had to say.

Well, it turns out that 425 Market is a secure building, and the 26th floor is the law office of Hanson Bridgette, and you can’t get up there unless your name is already in the computer system, which ours was not. The security guard kindly called up to ask about the 8 Washington initiative, and was told there was nobody who could talk about it today, but to check back later.

The person who answered the phone at Hanson, Bridgette had never heard of Derek Jensen. Transferred to voicemail, we left a message for someone named “Lance.” Perhaps that would be Associate Counsel Arthur “Lance” Alarcon, Jr. He hadn’t called back at press time.

The campaign against 8 Washington, on the other hand, has an office at 15 Columbus. First floor. Walk right in the door. The campaign manager is Jon Golinger, who answers his own phone.

At any rate, we can’t figure out what Snellgrove is up to, since his plan makes zero political sense. The referendum needs a “no” vote to block the project. If voters don’t like increased height limits on the waterfront, they won’t like his initiative, either. And if all that this does is confuse the voters, they’ll tend to vote “no” on both measures. If anything, he’s only hurting himself.

You want to live in Manhattan? Move there.

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I feel like I’ve been having this discussion for 30 years, and it still keeps coming back. The latest installment (thanks to sfist for the link) is a Slate article by Matthew Yglesias arguing that San Francisco could solve its housing crisis by becoming as dense as Manhattan. Lots of highrise condos and apartments in places like the Mission. A total of 3.2 million residents.

Obviously, a totally different city:

Obviously that would have a transformative effect on Oakland as well in various regards. It’s obviously not “politically realistic” to imagine San Francisco rezoning to allow that kind of density. But uniquely among American cities, I completely believe that 3.2 million people would want to live in a hypothetical much-more-crowded version of the city if they were allowed to. You’d need to build another heavy rail line or three and do some better dedicated bus lanes, but it’d be affordable with a much larger tax base.

Here’s the problem. Two problems, really.

1. That level of density hasn’t exactly made Manhattan affordable. (Although if you want to move there, it’s probably cheaper than SF at this point). There’s been a huge surge in housing construction in NYC, and housing prices are still way too high. The housing market in San Francisco is so unusual that demand is essentially infinite; you can’t build your way out of this.

2. There are already 800,000 people living here, and most of us don’t want to live in Manhattan.

One of the reasons San Francisco is so attractive is that it’s still a human-scale city. I’ve spent a lot of time in Manhattan, and the rush is pretty cool, and some urbanists say that’s how we’re all going to have to live in the future — packed into tall buildings in dense cities — but that’s not how I want to live. I know I sound old and I’m becoming a curmudgeon and one of those “you should have seen us in the old days” people, but I like the fact that there are no highrises in the Mission. 

Yeah, San Francisco is going to have to grow in population. There are ways to do that — to make dense neighborhoods that are still very livable. See: North Beach. But San Franciscans have generally taken the position that we don’t want to be Manhattan. We want to be San Francisco.

Now: My vision is not in synch with how housing is allocated in a hyper-capitalist system. Me, I think housing should be treated as a human right and regulated like a public utility. Landlords should be allowed a “reasonable return on investment” but not the greatest profit the market will bear. Homeowners should see their property appreciate at a reasonable level, but not at a speculative level. Housing shouldn’t be bought and sold as a commodity. And it should be allocated by seniority — that is, the people who have been a part of a community for the longest get the better housing.

That’s how you avoid the demand-exceeds-supply issue (and again, in this city, there will always be more demand than supply.) I know that’s commie shit, but that’s the way it is.

Still, whatever the economic or policy arguments, you can’t force that level of density onto this city. Because before you make those kinds of plans, you have to check with the people who live here.

I wrote this mostly to give the trolls some red meat, since they don’t seem to be agitated enough lately. Go to it, Adam Smith.

Warriors Arena proposal rouses supporters and opponents

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UPDATED Rival teams have formed in the last week to support and oppose the proposed Warriors Arena at Piers 30-32 as the California Legislature considers a new bill to approve the project, a new design is about to be released, and a trio of San Francisco agencies prepares to hold informational hearings.

Fresh off the collapse of two of the city’s biggest development deals, Mayor Ed Lee and his allies are pushing hard to lock in what he hopes will be his “legacy project.” A new group of local business leaders calling itself Warriors on the Waterfront held a rally on the steps of City Hall today, emphasizing the project’s job creation, community partnerships, and revitalization of a dilapidated stretch of waterfront.

That launch event followed last week’s creation of the San Francisco Waterfront Alliance, made up mostly of area residents and environmental organizations that oppose the project, including the Sierra Club and Save the Bay. The group today released a press release and artist’s rendering of how the 13-story arena and two condo towers may block views of the bay.

Last week, SFWA put out a press release criticizing Assembly Bill 1273 by Assembly member Phil Ting, claiming it would allow the project to avoid scrutiny by the Bay Conservation and Development Commission, which oversees and issues permits for waterfront projects. “One of the primary reasons we have regulatory agencies like the BCDC is so that local jurisdictions don’t run roughshod over the Bay and the waterfront,” group President Gayle Cahill said in the release. “The San Francisco Waterfront Alliance strongly believes that BCDC should retain its jurisdiction in this project to ensure independent oversight for the Bay and for all of us.”

Yet Ting and supporters of the project say the legislation doesn’t change BCDC’s oversight of the project, pointing to language that explicitly acknowledges the agency’s authority. While the legislation would remove the need for the three-member State Lands Commission to approve the project, proponents said approval by the full Legislature is a higher bar that ensures more public scrutiny and accountability.

“It does not waive BCDC. It goes through the same BCDC process,” Ting told us. “By going through the Legislature, you do have more hearings and public process. The idea was to make this more thoroughly vetted.”

The Port’s Brad Benson told us that State Lands staff is also still actively scrutinizing the project. “We’ve been working closely with State Land and BCDC staff to incorporate their concerns,” Benson said. For example, the arena configuration has already been moved closer to shore than originally proposed because of BCDC concerns about maritime access to a deep-water berth at the site.

In addition to approval by the Legislature and BCDC, the project must also be approved by the Port Commission and Board of Supervisors. The latest design for the project is scheduled to be released on May 6 and will be discussed by the Board of Supervisors Land Use and Economic Development Committee that day, said Gloria Chan of the Mayor’s Office of Economic and Workforce Development. The Planning Commission will then hold an informational hearing on the new design May 9, following by a May 14 hearing before the Port Commission. 

The project is proposed to include a 17,500-seat arena that would host more than 200 Warriors games, concerts, and other events per year, starting in 2017, on 13 acres of rebuilt piers. The adjacent, 2.3-acre Seawall Lot 330 would include up to 130 new condos, a hotel of up to 250 rooms, and 34,000 square feet of restaurants and retail space.

The whole project would include just 830-930 parking spaces, making its still-unfolding transportation plan key to the project’s approval. Opponents of the project also criticize the project’s height and its financing package and say this intensive development isn’t consistent with city plans or state laws that protect waterfront lands for maritime and public uses.

“We told the mayor before it was even announced that it is not a legal use of the pier,” Save the Bay Executive Director David Lewis told the Guardian. “There’s no reason that an arena has to be out on the water on a crumbling pier.”

Yet proponents tout the project’s economic benefits to the city and the need for an arena that size to host concerts and conventions, beyond the prestige of luring the Warriors away from Oakland and back to its original home city. “It will be privately financed and turn a crumbling pier and unsafe parking lot into a state-of-the-art venue that generates new revenue for the region and provides a spectacular new facility for the Bay Area’s NBA team.”Jim Wunderman, CEO of the Bay Area Council and an honorary co-chair of Warriors on the Waterfront, said in the press release.

UPDATE: Rudy Nothenberg, who served five SF mayors financing big civic projects and helped found SF Waterfront Alliance, disputes several assertions made by project proponents. “The first version of [AB 1273] unquestionably moved BCDC out of the way,” he said, claiming that bill language was altered after input from BCDC and the consultant to the Assembly Natural Resources Committee. BCDC has not yet returned a call from the Guardian on the issue. Nothenberg also says AB 1273 turns the deliberate fact-finding process required for the State Lands Commission to make its public trust determination into a political process that is a less thorough vetting of the project.

He also took issue with the statements by Wunderman and others that this is a privately funded project, noting that taxpayers will be paying $120 million to rebuild these piers and will give up future property taxes on the site, which will be diverted by a special tax district to help repay the bonds. Nothenberg told us, “Their continued assertion that there is no public money involved in blatantly untrue.”

 

Proposal would halt condo conversions for ten years

San Francisco Supervisors Norman Yee, Jane Kim and Board President David Chiu gathered with a cluster of tenant advocates at City Hall April 15 to unveil a proposal billed as a more equitable alternative to a highly controversial condominium conversion legislation that’s fueled a months-long battle over affordable housing.

Crafted with the input of tenant advocates, the new plan seeks to amend controversial legislation proposed earlier this year by Sups. Scott Wiener and Mark Farrell to allow a backlog of approximately 2,000 housing units to convert immediately from jointly held tenancies-in-common (TICs) to condos.

The proposal would effectively shut down the city’s condo conversion lottery for a minimum of 10 years, a measure aimed toward ending the cycle of real estate speculation that tenant advocates say has given rise to a spike in evictions in San Francisco’s supercharged housing market.

The proposal would still allow a current backlog of TICs to convert to condos without having to wait in a lottery system created to limit the number of units lost from the city’s rental housing stock. The board’s Land Use and Economic Development Committee, which is currently in session, will take up the legislation and proposed amendments later this afternoon.

The 10-year suspension on condo conversions would allow time for permanently affordable units to be built in place of the rental units that would be lost in the one-time conversion, proponents of the alternative legislation said. “If more affordable housing isn’t produced, then units don’t get to convert,” Housing Rights Committee executive director Sara Shortt told the Guardian. 

Chiu stressed that the proposal was crafted to “ensure that as we expedite condo conversions … we protect tenants by suspending the lottery for at least 10 years.”

The 10-year minimum suspension is based on current regulations capping condo conversions at 200 per year. It would last a decade because an estimated 2,000 units would be converted, but could last longer than that.

“For example, if 2,200 units are converted,” Chiu explained, “the suspension would last for 11 years.”

Meanwhile, the proposal would require the conversions that would be intially allowed to be staggered over the course of three years.

The plan “puts the Board of Supervisors on record that we strongly believe in preserving our affordable housing stock,” said Sup. Yee, adding that the package of amendments seeks to “address the risk of speculation that will ensue with a large number of TICs being converted to condominiums.”

The Wiener-Farrell proposal spurred a months-long opposition campaign led by tenant advocates, who said it would permanently remove affordable rental units from the city’s housing stock and incentivize evictions of long-term tenants at a time when Ellis Act evictions are already on the rise. 

“Condo conversions are the number one reason why people are being evicted from the city,” San Francisco Tenants Union executive director Ted Gullicksen said at the April 15 rally and press conference.

Wiener and Farrell’s proposal was presented as a way to remedy TIC owners’ complaints that onerous shared mortgages had left them financially strapped.

But Sup. David Campos, who also appeared at the rally, commented that the real challenge “is for the renters who are finding it very hard to live in San Francisco.”

Campos seemed dubious that a one-time condo conversion should be allowed to move forward at all. “If anything, I think we should be doing more to protect tenants,” he said. “My hope is … if it’s something we cannot live with as a community, we will make sure it dies,” he added, referring to the original condo conversion proposal. 

In an earlier attempt to strike a compromise between TIC owners and tenant advocates, “negotiations broke down quickly,” Shortt said in an interview. At the rally, she said this alternative was “drafted in a way that’s not trying to meet any political agendas.”

For many elderly and low-income tenants who have few options if they are faced with eviction, “there is no price tag that you can put on their units,” said Matt McFarland, a staff attorney at the Tenderloin Housing Clinic, who spoke at the rally. “Their most valuable possession is the long-term rent control on their property. For these tenants, it’s basically a death sentence when you get these eviction notices.”

No progress in condo conversion standoff, despite the Chron’s spin

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Perhaps it was just an unfunny April Fool’s Day joke or some wishful political spin, but the San Francisco Chronicle’s April 1 article about how tenancy-in-common owners and their political supporters are pushing legislation that would allow them to bypass the condo conversion lottery seriously misrepresented the city’s biggest current political standoff.

Nevermind the article’s over-the-top bias in favor of those poor, hard-luck TIC owners, like the featured Pacific Heights couple forced to raise their baby in a closet when all they really want to do is flip the apartment they bought for a profit. Or how the Chron all-but-ignored the fact that these TICs were rent-controlled apartments in a city where two-thirds of citizens rent. That kind of top-down view of the world is pretty typical for the Chron, even in its news stories, despite the paper’s strained claim to “objectivity.”

No, the article’s real sin was to get the basic facts wrong on where this political stalemate now stands, presenting the wishful spin of one side as if it were the latest news. Between the headline, “Owners seeking condo conversions may have shot” and the first deckhead, “Making progress” (which plays off this paragraph. “’I think we’re making progress in our discussions and negotiations,’ said [sponsoring Sup. Mark] Farrell, while noting the talks with tenant advocates, TIC owners, and real estate interests are ‘far from the finish line.’”) the article leaves the impression current negotiations may produce a compromise.

But the problem is that there aren’t any current negotiations between the two sides, and there haven’t been for weeks, according to tenant and other involved sources. In fact, they say there’s been no movement in this standoff since almost a month ago when I last reported that tenant groups and progressive supervisors were preparing a set of hostile amendments to the legislation.

They would allow a one-time condo lottery bypass for the nearly 2,500 TIC owners in the pipeline in exchange to shutting down the lottery for many years and preventing any conversions of rent-controlled apartments into condos until city builds a comparable amount of new affordable housing, and then probably restricting condo conversions to smaller buildings after that to protect large rent-controlled apartment buildings from real estate speculators.

That proposed compromise, which the article barely mentions before letting Farrell say “his legislation poses no threat to rent control,” would help the poor Pacific Heights couple at the center of the article. But the real estate industry and its conservative allies don’t really care about that couple as much as they do maintaining the flow of rental units into the real estate market, which is why the negotiations have broken down.

Instead, the Chron has Sup. London Breed – who is indeed a swing vote of the issue, but not one that tenant groups are counting on given how close she is to Plan C and the landlord lobby – citing a compromise proposal that would prevent the new condo owners from selling their properties for five years to discourage real estate speculation.

Perhaps that’s something the TIC owners and real estate interests that the article relies on think is a realistic compromise, but it’s not something that has been seriously discussed with tenant groups, mediating Sup. David Chiu, or the other interests that would be needed to pass this legislation.

Sara Shortt, the token tenant activist that the Chron talked to for the article, confirmed to us that there is no real compromise deal in the works and preventing the creation of new condos from existing apartments is a bottom-line issue that unites everyone who is now opposed to this legislation.

“The Plan C/Realtor etc. won’t concede on our key issue: restriction on future conversions in exchange for the bypass. We have given as much as we can give and they have given virtually nothing in return,” Shortt, executive director of the Housing Right Committee, told us by email.

Even Sup. Scott Wiener, who co-sponsors the legislation with Farrell, told us there has been “no change from before,” when negotiations broke down. But the legislation is on the April 15 agenda for the Land Use and Economic Development Committee – for the fifth time, with most hearings canceled because of the lack of negotiating progress.

If the Realtors and Plan C (which is dominated by real estate and banking interests) stick to their intransigent position – hurting this poor Pac Heights couple in the process, which the Chron fails to note – then tenants and progressive supervisors are likely to amend the legislation and call the bluff of those who claim this issue is simply about poor TIC owners stuck with shared mortgages.

Should bars be open until 4 am?

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State Sen. Mark Leno is introducing a bill that would allow (not require, allow) cities to designate areas where bars could stay open and serve alcohol until 4 am. It’s not going to lead to a rampage of all-night drinking — the bill calls for a three-stage approval system that would allow public input at every step. But it might allow a handful of clubs in the city to stay open later — something that works just fine in a lot of other places, including most of New York State.

I grew up in a small town north of New York City (it was called North Tarrytown then, Sleepy Hollow now) and all the bars were open until 4. No big deal; even the hard-core people usually left well before that.

Then I went to college in Middletown, Connecticut, where people think it’s still 18th Century Puritan New England and all bars have to close at 1 am. At about 12:30, everyone would hear last call, chug as much as they could, and spill out onto the streets, and the cops never had an easy time of it.

That’s why, when Seattle considered this, the police department was all in favor.

But already, there’s opposition, some of it from people who just think everyone should drink less — and some of it from Bruce Lee Livingston at Alcohol Justice, whoi usually spends his time trying to tax drinks to pay for the costs of treating alcohol problems.

I didn’t get why Livingston was fighting this, so I called him up — and after we talked about whether the later hours at a small number of clubs in a few parts of the city will lead to more drinking and more problems (he thinks so, citing this; I disagree), he started talking about how dense San Francisco has become and how late-night clubs could harm residents who live near them. “San Francisco is becoming a daytime city,” he said. Sunday Streets, hiking, healthy lifestyles … all of those things conflict for Livingston with the notion of late-night drinking. Between 2 am and 4 am, he said, people “are trying to get some rest.”

Which is an argument against having active nightlife in an area where there are also residences, a major battle for years in San Francisco. But I have to say: The clubs in Soma moved into that area long before there was much of any residential use, and the condos came later — and I’m sorry, but when you move into a place next to a nightclub, you can’t expect silence at night.

I think with all of the tech workers who work unusual and long hours, this is becoming MORE of a late-night town. I hope so. We’ll see.

 

The 8 Washington shit show

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The latest problem with the 8 Washington condo project emerged March 12 when the Chron reported on a new study that shows construction of the most pricey condos in San Francisco history could threaten a major sewer line that serves a quarter of the city. That report, which is pretty scathing, came the same day the SF Public Utilities Commission voted to sign off on environmental approvals and sewage easements that would allow the developer to move forward with preliminary design work — even though the project will be the subject of a voter referendum in November.

The engineering report says, among other things, that construction on the project (involving significant excavation and the driving of 100-foot pilings) could cause the ground around a main sewer pipe to shift by as much as 5 1/2 inches, when “the normally accepted limit for tolerable ground movement is less than an inch.” That’s kind of a problem, since the North Force sewer pipe handles an awful lot of shit, and would be very expensive to repair.

There’s also an underground sewage vault that could be damaged by the construction work.

And the developer isn’t helping much. As Brian Henderson, chief engineer for the PUC, told the commissioners, “we’ve agreed to disagree about these issues.”

In other words, the 8 Washington folks are giving the city a big FU — and still asking for approval to begin work on a project that more than 30,000 voters insisted go on the ballot first.

That ought to be enough reason for the commission to put this whole thing on hold, wait until some more studies are completed (and the PUC engineering staff is satisfied that the developer won’t shatter a sewage main). After all, no construction work can begin until after November anyway; what’s the rush?

Well, Commissioner Francesca Vietor asked that very question: What happens if we say no? General Manager Harlan Kelly hemmed and hawed. Assistant General Manager Mike Carlin said the developer “would have no incentive” to work on a better design. And all of the PUC senior staff said there’s no reason to worry, since this would all come back again once negotiations with the developer are completed.

Oh, and by the way, they said, the Port of San Francisco has asked for this. (Actually, no: According to Sup. David Chiu, Port officials have said they do not intend to push for any preliminary approvals for 8 Washington until after November.)

Carlin insisted that there was no reason to be concenred about the data in the report that the city had commissioned and spent more than $100,000 on. “We are very diligent about protecting our infrastructure,” he said, adding that existing building codes protected the city’s interests anyway. See, if your neighbor digs a new foundation and screws up your foundation, your neighbor has to pay to fix it.

So no worries; about 200,000 San Franciscans might be unable to flush the toilet for a while, but in the end, the developer (a limited liability company controlled by Simon Snellgrove) will be on the hook for the repairs, after the lawyers are all done fighting it out.

In fact, the very concept that the commission might not go along with this deal seemed foreign to Carlin, who from the beginning talked about “what you will be approving today” — as if the votes were already lined up and his job was just to instruct the puppets so they understand what they’re supposed to be doing.

Among the items the commission “would be approving:” a change in the environmental findings related to design changes that, by the way, might make the sewage problem worse. The PUC staff found that the changes would have no impact on the environment; that finding came two days before the sewage report arrived.

And, of course, as land-use lawyer Sue Hestor noted, the environmental documents alone are 125 pages. “When did you get them, and when did you get a chance to read them,” she asked. None of the commissioners answered.

In the end, there were no surprises — Commissioner Ann Moller Caen made the motion to approve, Commissioner Anson Moran seconded, and on a voice vote, the deal was approved.

Now let me predict what’s going to happen. Kelly and the PUC staff will negotiate with Snellgrove and come back and tell the commissioners that they still don’t have the assurances they need, not really, but there’s no choice any more because the PUC already voted to approve the environmental findings and the easements, and the developer has spent millions on design changes, and now it’s too late to go back.

That’s how things work in this city.

And when, as I predict, the voters kill this whole thing in November, the PUC is going to look foolish.

 

 

Condo conversion compromise in the works despite Realtors’ resistance

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[UPDATED BELOW] Negotiations between tenant advocates and real estate interests (including the political advocacy group Plan C) over the controversial condo lottery bypass legislation haven’t gone well or found common ground. But sources tell the Guardian that Sup. Jane Kim and Board President David Chiu, who has been mediating the dispute, are preparing to introduce compromise amendments that have the support of the San Francisco Tenants Union and other tenant advocates if a deal can’t be worked out with real estate interests.

Details are still being hammered out with advocates and the City Attorney’s Office, so the hearing scheduled for this Monday at the Land Use and Economic Development Committee will likely be postponed until March 25. But the basic deal is to allow the roughly 2,000 tenancies-in-common now seeking to convert into condos to do so in exchange for a long moratorium on new condo conversions, possibly indexed to construction of new affordable housing for the renters who comprise nearly two-thirds of San Franciscans.

The original legislation by Sups. Mark Farrell and Scott Wiener is being strongly backed by both current TIC owners who want the ability to refinance and Plan C and other real estate interests that want to continue converting ever more rent-controlled apartments into condos, rather than abiding the city’s current limit of 200 per year, awarded through a lottery system. The SFTU has strenuously resisted opening up those flood gates, but it’s open to clearing out the backlog in exchange to shutting the gates for awhile (see my story in this week’s Guardian for more on the political dynamics surrounding this issue).

“We’re hopeful that a majority of the board will support amendments which will significantly protect tenants and which will allow a version of the Wiener-Farrell legislation to be approved,” SFTU head Ted Gullicksen told us.

Progressives on the board oppose the legislation as currently written, and the swing votes are thought to be Sups. London Breed (which Plan C supported in the last election in exchange for what it says was her promise to support more condo conversions, an assurance she denies making), Norman Yee (who was brought into the Chiu-mediated negotiations), and Malia Cohen, with just one of them needed to force changes to the legislation.

But the real estate interests – including Plan C, the Association of Realtors (whose government affairs director we left a message for and are waiting to hear back from, and we’ll update below if/when we do), San Francisco Apartment Association, and other downtown-based groups – who are pushing for more condo conversions are likely to strongly resist the amendments. They simply want more rent-controlled apartments turned into condos they can sell, period.

Their perspective is reflected in SF Apartment Magazine, put out by the San Francisco Apartment Association, which every month offers advice to real estate investors and apartment building owners on various ways to buy apartment buildings, evict tenants or increase their rents, and convert the buildings to TICs or condos.

It runs a regular column called “TIC Corner” with the latest tricks for financing acquisitions and getting rid of those pesky tenants. In the November 2012 issue, for example, attorney D. Andrew Sirkin wrote excitedly about a new Securities and Exchange Commission rule that will now allow owners to advertise the sale of apartment buildings as TIC/condo investments, which he said “will dramatically ease the regulatory burden for real estate entrepreneurs wishing to raise money for apartment acquisitions and make it much easier to find investors.”

Another feature story in the magazine, “The ABCs of OMIs,” teaches these investors all the tricks for evicting tenants from their buildings, while “Roommate Roulette” offers advice to owners of rent-controlled buildings for keeping new roommates of existing tenants off the lease so they can charge market rate rents as soon as possible.

And, of course, the magazine is filled with ads for San Francisco apartment buildings that are for sale and just waiting to be cleared of tenants and turned into amazing real estate investment opportunities. Gullicksen says it is this mentality, applied to what even Mayor Ed Lee has called the city’s “precious few rent-controlled apartments,” that has animated the opposition to the Wiener-Farrell legislation. SFTU had planned a rally for Monday called “Stop Rent Control Attack,” which has now been postponed until March 25.

UPDATE 3/11: Sup. Wiener got back to us and said, “I hope we can move to a compromise and I don’t want to prejudge that compromise.” Asked about the concept of approving TICs in the pipeline in exchange for halting on all condo conversions for some number of years, he said, “It’s definitely something to explore, a pause in the lottery, and I’m open to that. But the devil is in the details.”

Compromised position

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steve@sfbg.com

When Mayor Ed Lee came to the Board of Supervisors for his monthly “question time” appearance Feb. 12, Sup. David Chiu tried to get some sense of where the mayor stood on a controversial piece of legislation that would allow more condominium conversions.

Chiu explained the complexities and implications of an issue where the two sides have dug in and appear to have little common ground, and he asked the mayor for some guidance.

“What is your position on this pending legislation?” he asked. “What protections would you support to prevent the loss of rent-controlled housing in our increasingly unaffordable city? How would you address the concern that if we allow the current generation of tenancy in common owners to convert, we will replace then with a new generation of TIC owners and additional real estate investments that will lead us right back to an identical debate within a short time?”

But if Chiu and other board members were looking for leadership, direction or a clue of where the mayor might stand, they didn’t get it. Lee said he understood both sides of the issue and hoped they could reach a consensus solution — without offering any hints what they might look like or how to achieve it. “I can’t say that I have a magic solution to this issue that will make everyone happy,” the city’s chief executive explained.

Asked by the Guardian afterward why he didn’t take a position and whether he might be more specific about how he’d like to see this conflict resolved, he replied, “I actually did take a position, even though it didn’t sound like it, because I actually believe they have good points on both sides.”

That’s a typical answer for a mayor who rose to power preaching the virtues of civility and compromise and striving to replace political conflict with consensus. But now several major, seemingly intractable issues are facing the city — and insiders say Lee’s refusal to take a strong stand is undermining any chance for successful.

The lack of mayoral leadership has been maddening to both sides involved in the negotiations over the condo-conversion legislation. Tenant advocates say the mayor’s waffling hardened the positions on both sides and emboldened the group Plan C and its allies in the real estate industry to reject the compromises offered by supervisors and tenant advocates.

“It’s very unhelpful,” San Francisco Tenants Union head Ted Gullicksen said of Lee’s refusal to take a stand. “Someone needs to kick the realtors in the butt, and that’s not happening. They have no impetus at all to compromise.”

Then there’s the case of California Pacific Medical Center’s proposed new hospital, a billion-dollar project that would transform the Cathedral Hill neighborhood and have lasting impacts on health care in San Francisco.

The mayor’s eagerness to get the deal done — even if it wasn’t the best deal for the city — led to a proposal that fell apart last year under scrutiny by the Board of Supervisors. That project has now been in mediation for months — and sources tell us they’re getting close to a deal that has little resemblance to the anything offered by the Mayor’s Office.

California Nurses Association Director of Public Policy Michael Lighty, who has been involved with the CPMC negotiations, said Lee’s unwillingness to take a strong and clear stand, or to help mediate the dispute once the deal blew up, is why this negotiation has been so difficult and protracted.

“If he had engaged stakeholders and the supervisors, we wouldn’t have had to go to the brink last summer,” he said. “You’ve got to have clear objectives and be willing to fight for those, and that means saying no…If you’re willing to accept any deal and just put political spin on it, this is what you get.”

 

 

ADMINISTRATOR-IN-CHIEF

Neither Lighty nor others involved in the CPMC negotiations would discuss details of the pending deal, as per the instructions of mediator Lou Giraudo. But they did talk to the Guardian about the political shortcomings that led to such a protracted mediation process on a project that has been in the works for many years and involving a looming state deadline to replace the seismically unsafe St. Luke’s Hospital.

Lighty called Lee’s conciliatory approach to CPMC “an administrative orientation and not a political one,” noting that what worked during Lee’s long career as a city administrator may not be working well now that he’s in the Mayor’s Office dealing with issues where consensus isn’t always possible.

“I don’t think it’s a very sophisticated view and I don’t think it’s one that produces the best results,” Lighty said.

Lighty did say the negotiations were getting close to resolution. “What comes before the board is going to be vastly superior to what the mayor and CPMC proposed,” he said. “I think what you’ll find whenever this comes out is it will repudiate the mayor’s approach.”

He contrasted Lee’s style to that of his predecessor, Gavin Newsom, who took positions on most controversial issues and would often get involved with forcing his allies to cut deals. For example, shortly after taking office on 2004, Newsom demanded that his allies in the hospitality industry end their lockout of hotel workers, and when they refused he turned on them and even famously joined workers on the picket line, pressuring the hotels to soon end the lockout.

“Why did you need to bring in an outside mediator for CPMC? Why didn’t the mayor do that?” Lighty asked, noting that Lee has stayed away from the current negotiations.

Ken Rich from the Mayor’s Office of Economic and Workforce Development has been in those meetings but didn’t return our call. Mayoral Press Secretary Christine Falvey has also ignored repeated messages seeking comment on the issues raised in this story.

Rudy Nothenberg, who negotiated big deals on behalf of five successive mayors before Lee and who has been critical of the Warriors Arena deal that the Mayor’s Office has negotiated, said Lee’s unwillingness to take strong stands with developers is hurting the city.

“I was able to say I’m going to get the best deal I can for the city,” Nothenberg told us, saying he approached all negotiations, including the construction of AT&T Park, with the understanding from the mayors he worked for that he could simply say no to bad deals. “You need to bargain for the city as if these guys walked away, well, then that’s okay too.”

Sup. David Campos, who has been trying to get CPMC to strengthen its commitment to keeping St. Luke’s open as a full-service hospital, agreed that, “There have to be times when you’re willing to say no.” And on the CPMC project, Campos said that fell to the supervisors when the Mayor’s Office wasn’t willing to. “It was clear that the board was not going to approve it,” Campos said, “and sometimes you have to do that to get to a result you can live with,”

UCSF Political Science Professor Corey Cook said the problem is less with Lee’s overall philosophy than with what is strategically smart on individual issues.

“The mayor’s strength is in trying to come up with consensus measures,” Cook told us, calling the approach “generally a good one” and saying “the decider isn’t always who you want, then you get George W. [Bush].” Yet Cook also said intractable problems like the condo conversion debate may require a different approach. “Sometimes you do need to stake out clear ground to limit the terms of the debate.”

 

 

CHIU’S CENTRAL ROLE

Chiu has at least been willing to put his energies behind his belief in compromise, taking an active role in the CPMC and condo negotiations, as well as complicated current negotiations involving how to legalize but limit Airbnb’s shared housing business in San Francisco, which involves landlord-tenant-neighbor dynamics, regulation of private leases, and complex land use and taxation issues.

“It’s been a very long month. I’ve been going around the clock on several challenging negotiations,” Chiu told the Guardian. “The most important things to work on are often the ones that are the most difficult to get done.”

Chiu was reluctant to discuss the negotiations, calling it a sensitive moment for each of them. But he did admit that he was disappointed in Lee’s non-answer to his publicly posed question. “I had hoped for a little more direction,” Chiu said. And while these negotiations haven’t shaken his faith in compromise, he did say, “It depends on the substance of the issue whether there are common ground solutions that are superior to two warring sides.”

But all involved in the condo debate say it appears we’ll be stuck with the latter. “The two sides are so far apart that I don’t know what a compromise that both sides would live with would even look like,” Campos said. “There are certain issues where I don’t think compromise or consensus is possible.”

On this one, tenant advocates are trying to protect a finite supply of rent-controlled housing and real estate interests want to convert that same housing into condos. “If the issue was just existing TIC owners, we would come to an agreement,” Gullicksen said. “But clearly the agenda of Plan C and the realtors is they just want more condos.”

Plan C board member Kat Anderson told us, “I have a simple approach to this: Home ownership is important to me.”

She was undeterred by arguments that thousands of new condos are now being built in San Francisco, but there’s a steadily dwindling number of rent-controlled apartments in a city where two-thirds of San Franciscans are renters.

Anderson made it clear that she wants to not only allow the backlog of condo applicants to be approved, but she doesn’t want to slow the flow of condo conversions for a few years thereafter or place TICs themselves under the cap, compromises offered by Gullicksen. “The worry is that if you change the system, it will never come back and we’ll lose our tiny toehold of 200 units [that the lottery allows to be converted to condos annually],” Anderson said. And so we end up with the very thing Lee sought to avoid: a big, nasty, divisive public fight that will probably end up being decided by big money and deceptive campaign mailers rather than a civil, deliberative political process. And the mayor has nobody to blame but himself.

Supervisors consider Western SoMa Plan, lots of new condos, and “the purple building”

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The fate of the “purple building” – which has become caught up in the clash between nightlife and residential interests on the clubgoer-saturated 300-block of 11th Street – remains undecided as the Western SoMa Community Plan heads into its first hearing before the Board of Supervisors Land Use and Economic Development Committee on Monday.

As we reported in this week’s paper, a unique citizen-based task force has spent the last eight years developing the plan, which will allow thousands of units of new housing – most of it along Folsom Street – to move forward once the plan gets final approval from the board. But the California Music & Culture Association and other nightlife advocates successfully amended the plan to ban new housing on that 11th Street block as the Planning Commission approved it in December.

Yet the commission also decided to grandfather in a 24-home project at 340 11th Street, the so-called purple building, which nightlife advocates say would put those new residents on a collision course with Slim’s, DNA Lounge, and other big nightclubs on that busy block. As we went to press, both sides and District 6 Sup. Jane Kim were all hopeful that a compromise was imminent, likely involving switching from residential to office.

But with just days to go before that hearing, building owner Tony Lo still hasn’t decided whether to make the change or fight it out in front of the supervisors. His architect John Goldman – whose residential design for the site was placed on hold by the city since shortly after he submitted it in 2005 – had hoped to hear by now but he’s still waiting for Lo to make the call.

“Based on my analysis, it looks feasible to change to offices if you want to do it, and I mean feasible financially and architecturally and planning-wise,” Goldman today told the Guardian, referring to what he told Lo.

Meanwhile, Western SoMa Task Force Chair Jim Meko – who has not been supportive of tweaking the plan after all the work he oversaw – yesterday sent out an email blast to stakeholders and supporters urging them to attend Monday’s hearing and show support for the plan.

“You don’t often get a chance to participate in making decisions about your own neighborhood from start to finish. Some special interest groups are expected to come out of the woodwork to take pot shots at the Plan so the hundreds of participants in this process need to make their voices heard. Your testimony at the hearing next week will make all the difference,” Meko wrote.

The hearing starts at 10am in board chambers in City Hall. This item might have been heard later in the day considering the agenda opens with a continuation of the controversial condo lottery bypass legislation, on which Board President David Chiu and others have been trying to forge a compromise between tenant advocates and homeowner groups. But committee Chair Scott Wiener just told us that item “will be continued. No compromise yet.”