Realtors

Weird homophobic attack ad from the Association of Realtors

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Gee, this ad that’s up on You Tube, apparently paid for the the San Francisco Association of Realtors, is creepy, strange and a bit homophobic.

It starts with a bunch of kids chanting about sending “Eric Mar back to Mars” — huh? — where, presumably, there are still happy meals with toys in them, because I can’t figure out why else all these children would be doing a political attack ad. Creepy element number one.

Then there’s a fake news announcer saying that “thousands of kids” are angry at Mar, when I saw maybe a dozen in the video — and they’re mad because they “are being bused long distances to schools they don’t want to attend.” (Creepy element number two — busing is a racial code word, even these days — and Mar, as a member of the Board of Supervisors, has nothing at all to do with the city’s school assigment policy.

Then we go to clips from the Daily Show making fun of Mar’s happy meal ban (including a superimposed legend “embattled Supervisor Eric Mar.”) Creepy element number three — why is he “embattled?” Only because the realtors don’t want a pro-tenant vote on the board.

After that it gets truly odd: The voice-over announces that Mar is famous “for suggesting that his meetings be held in the the hot tub of a local YMCA” — while a photo shows three apparently naked men cozying up around a big flume of steam. Ah — Mar is linked to a steamy male bath scene! Eeew.

“Our kids are right,” the ad says at the end. But does anyone think those (very) young children spontaneously took to the streets to complain about a member of the Board of Supervisors? Seriously — some parents clearly rounded up their kids and gave them pots and pans to bang on and created a totally false an pretty outrageous political hit piece.

Oh, and at the end, the ad hypes David Lee — and again claims that “neighborhood schools” are a part of his platform. Fine, be ignorant: David Lee isn’t running for School Board.

I can’t believe the Association of Realtors really endorses this stuff. I’ve called over there to ask about it, but haven’t heard back.

Check it out. Am I crazy, or is this some ugly shit?

 

 

David Lee and his landlord backers raise the stakes in District 1

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Realtors and commercial landlords have transformed the supervisorial race in District 1 into an important battle over rent control and tenants’ rights, despite their onslaught of deceptive mailers that have sought to make it about everything from potholes and the Richmond’s supposed decline to school assignments and economic development.

It’s bad enough that groups like the Coalition for Sensible Government – a front group for the San Francisco Association of Realtors, which itself is in the middle of internal struggles over its increasing dominance by landlords rather than Realtors – have been funding mailers attacking incumbent Eric Mar on behalf of downtown’s candidate: David Lee. Combined spending by Lee and on his behalf is now approaching an unheard of $400,000 (we’ll get more precise numbers tomorrow when the latest pre-election campaign finance statements are due).

What’s even more icky and unsettling is the fact that Lee – a political pundit who has been regularly featured in local media outlets in recent years, usually subtly attacking progressives while trying to seem objective – has refused to answer legitimate questions about his shady background and connections or the agenda he has for the city. He refused to come in for a Guardian endorsement interview or even to respond to our questions. His campaign manager, Thomas Li, told me Lee is too busy campaigning to answer questions from reporters, but he assured me that Lee will be more accessible and accountable once he’s elected.

Somehow, I don’t find that very reassuring. But I can understand why Lee is ducking questions and just hoping that the avalanche of mailers will be enough to win this one. In a city where two-thirds of residents rent, but where landlords control most of the city’s wealth, it’s politically risky to be honest about a pro-landlord agenda.

“It’s pretty clear that is a real estate-tenant battleground,” Ted Gullicksen, executive director of the San Francisco Tenants Union, told us. “District 1 is all about rent control, really. If David Lee wins, we’ll see the Board of Supervisors hacking away at rent control protections. The only question is whether it will be a severe hack or outright repeal.”

Real estate and development interests have already been able to win over Sups. Jane Kim and Christina Olague on key votes – and even Mar, who has disappointed many progressives on some recent votes, which many observers believe is the result of the strong challenge by Lee and his allies – but an outright flip of District 1 could really be dangerous.

“I want people to know how high the stakes are in this election. I want people to know that outside special interests are trying to buy this election,” Mar told us.

Mar is far from perfect, but at least he’s honest and accessible. With all the troublesome political meddling that we’ve seen in recent years from Willie Brown and Rose Pak on behalf of their corporate clients, particularly commercial landlords – which has been a big issue in District 5 this election and the mayor’s race last year – progressives were disturbed by rumors that Pak is helping Mar.

When we asked him about it, he didn’t deny it or evade the issue. “Yes, I have the support of just about all the Chinatown leaders, including Rose Pak,” Mar told us. “I’m proud to have a strong Chinese base of support.”

When asked about that support and how it will shape his votes, Mar noted that he also has strong support from labor and progressives, and that he will be far stronger on development and tenants issues than Lee. “I view myself as an independent, thoughtful supervisor who works very hard for the neighborhood,” Mar said. “There’s an accusation [in mailers paid for the Realtors] that the Richmond has become unlivable, and that’s just not true.”

We have a stack of official documents showing how Lee has used his Chinese-American Voter Education Project and his appointment to the Recreation and Parks Commission to personally enrich himself and his wife, using donations from rich corporations and individuals whose bidding he then does, and we mentioned some of that in our endorsements this week. We’ll continue seeking answers from Lee and his allies about their agenda for the city.

In fact, just as I was writing this post, Lee sent a message to supporters responding to our editorial and other efforts to raise these issues. “I know it is shocking, but while working as a full-time employee for CAVEC for the last twenty years, I was paid a salary. But let me tell you this was no six figure job with benefits,” he wrote. Actually, CAVEC’s federal 990 form shows he was paid $90,000 per year, while his wife, Jing Lee, was paid up to $65,000 per year as “program director” up until 2006. 

“We did not receive any money from the government. All of our activities were funded by private donations and grants and our finances were audited on a regular basis,” Lee wrote, not noting that he has refused to make public a full list of his donors, although we know from a 2001 report in Asian Week that they included Chevron, Wells Fargo, Anheuser-Busch, Bank of America, Marriott, Levi Strauss, Norcal Waste Management (now known as Recology), State Farm, and the late philanthropist Warren Hellman, who at the time was funding downtown attacks on progressives through groups including the Committee on Jobs.

District 1 has always been an important San Francisco battleground. During the decade that progressives had a majority on the Board of Supervisors, District 1 was represented first by Jake McGoldrick and then by Mar. Neither McGoldrick nor Mar always voted with the progressives, yet McGoldrick had to endure two failed recall drives funded by business and conservative interests.

Now, they have increased their bet, raising the question that President Barack Obama posed in last night’s presidential debate: “Are we going to double down on the top down policies that got us into this mess?”

Let’s hope not.

Much ado about nudity

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There was no public outcry when Pedro Villamore, a 44-year-old homeless gay man, was found dead in a doorway in the 500 block of Castro Street last December, a couple of weeks before Christmas and across the street from the holiday tree that the Merchants of Upper Market and Castro puts up every year to welcome big spenders into the neighborhood.

MUMC, which in years past opposed three homeless queer youth shelters and a free meals program at a local gay church, did not decry the fact that a member of our community died on the street — and where were the city’s homeless outreach teams? Nor did any of the residents of the neighborhood express any concern that others who have a problem with methamphetamine, the area’s drug of choice, might meet a similar fate — and shouldn’t the community be doing something about it?

Of course, if he had been one of the nudists who hang out naked in the Castro these days Villamore would’ve found himself on the front-page of Bay Area Reporter, the city’s gay weekly, while he was still alive. Not to mention the target of diatribes from the SF Chronicle’s chronically right-wing columnist C.W. Nevius.  

Sadly enough, a neighborhood that once stood for sexual and personal freedom has succumbed to anti-nudism hysteria, even to the point of echoing Anita Bryant’s old rallying cry, “Save the children!”

Hysteria it is, of epic proportions. Some Castro residents and MUMC merchants actually persuaded their elected official, Supervisor Scott Wiener, to introduce anti-nudism legislation because a few naked men prance around the hood au natural, even sometimes sporting (horrors!) cock rings on their dicks. In a neighborhood where there’s no dearth of cock rings or any other sex toy, not to mention every variety of gay porn imaginable, and where guys walk around bars in underwear, residents don’t want public nudity. Huh? The neighborhood’s historic live-and-let-live attitude has obviously gone the way of Halloween and being able to walk into Pink Saturday without being scanned by a metal detector.

Has gay marriage and the freedom to “be all that you can be” in the military afflicted residents of the Castro with assimilation fever? What’s next — fundraising parties for Mitt Romney or a Castro chapter of the Moral Majority?

In a community that, according to a recent Williams Institute study, is rampant with poverty and suffers a serious lack of full-time employment for transgender people (75%, according to a report from this paper and the Transgender Law Center), not to mention a major drug and alcohol problem that makes gay men easy targets for muggings as they leave the bars at night, you’d think that public nudity would the last thing on anyone’s mind.  

People with AIDS continue to be pushed out of apartments in the Castro so that landlords and realtors can make tons of dough and LGBT seniors are forced to live with little economic or social support, regular cuts to services and benefits, and discrimination and isolation in nursing care facilities.

Yet from the volume of letters in the BAR and the number of calls Wiener says he’s received, you’d think that public nudity is the biggest problem in the world.

Pedro Villamore might disagree with that.

Tommi Avicolli Mecca has been a queer activist for the past 42 years, and a Castro resident for 20. He is editor of Smash the Church, Smash the State: the early years of gay liberation (City Lights).

Lee appoints Santos, a staunch development advocate, to CCSF board

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Rodrigo Santos, a structural engineer who heads the pro-development advocacy group San Francisco Coalition for Responsible Growth, had already raised an unheard of amount of money in his race for the City College of San Francisco Board of Trustees, $113,153 in just six months, mostly from real estate and development interests.

Today, he got another big boost when Mayor Ed Lee appointed Santos to fill the vacancy on that board created by the recent death of Milton Marks, giving the ambitious Santos a big advantage in the fall contest and perhaps signaling Lee’s support for making deep program cuts to satisfy the accrediting commission’s demand that CCSF cut expenditures and beef up its reserves.

“Tough decisions and reform are what City College needs at this time,” Lee said at a press conference this afternoon, calling Santos “someone who shares my vision of reform and will support the tough decisions ahead.”

Although Lee said Santos “is committed and passionate about education,” Santos hasn’t been active on education issues before running for this office. His passions seem to lie mostly with advocating for developers and opposing government regulations in front of the Planning Commission and other bodies, where he regularly testifies, and in helping fellow conservatives gain power on city boards and commissions.

The appointment continues Lee’s pattern of appointing and relying on controversial conservatives in key areas, from his chief fundraiser and economic adviser, venture capitalist Ron Conway, to his recent reappointment to the Planning Commission of Republican Michael Antonini, who gave Santos the maximum $500 contribution in his CCSF race.

“I join an institution that must be saved. I am absolutely committed to that goal,” Santos told a press conference in the Mayor’s Office. He said that he will work to “achieve consensus” around solutions to the troubled institution’s problems, while also declaring, “We must support the interim chancellor, Pamila Fisher.”

But rather than someone who seeks political compromise, Santos’ reputation is as more of polarizing and ideologically conservative firebrand who regularly criticizes government and progressives as part of the downtown alliance that includes Plan C, Committee on Jobs, Building Owners and Managers Association, the SF Chamber of Commerce, and the Board of Realtors PAC

“I actually find him to be pretty divisive in trying to work on issues at [the Department of Building Inspection],” Debra Walker, who served with Santos on the Building Inspection Commission. “He always seems to come into a situation attacking and I hope he doesn’t bring that to this board.”

Walker, a longtime progressive activist and former supervisorial candidate, said that she and her political allies have long endured nasty attacks from Santos and his CRG bretheren.

“They spend all of their time attacking progressives and he gets pretty intense about attacking rather than working with people,” she said. “CRG is about getting people elected who are conservative, that’s their whole reason for existence, perpetuating the real estate industry’s impact of city policies, which has had a negative impact on the middle class.”

Asked about that reputation by the Guardian, both Lee and Santos denied it and refused to answer follow-up questions. Santos said CRG has a “diverse membership” and told us, “I don’t know why you would cast that as polarizing.”

Yet its board is made up almost exclusively of real estate and development interests who have shown themselves to be politically ambitious, winning key mayoral appointments to the Building Inspection and Small Business commissions and working with mayoral staffers to hold onto key leadership positions, edging out supervisorial appointees in the process.

Sup. John Avalos, who was targeted by a CRG independent expenditure campaign in 2008, said that he researched Santos’ background on education issues and was a little surprised not to find anything. “More than anything, the appointment says more about Lee’s pro business leanings,” Avalos told us.

It was also telling that Lee included two of the most conservative CCSF trustees in his press conference, Natalie Berg and Anita Grier, but that more liberal trustees Chris Jackson and John Rizzo were neither consulted nor notified directly about the appointment. “I’m sorry the mayor didn’t involve us more or let us know,” Rizzo told us.

While Rizzo didn’t endorse Santos – instead backing Jackson, Steve Ngo, and Rafael Mandelman (who Rizzo said “really does have the best interests of the district at heart”) – he didn’t want to offer an opinion on Santos, saying that he wants to work constructively with him to solve the district’s problems: “I welcome him to the board and hope he will welcome the work we’ve been doing.”

Santos told reporters that he starts every work day with an “open house” at his office from 5:20-8am, discussing various issues with anyone who wants to stop by, before getting into his engineering and administrative work for his firm, Santos & Urrutia. “I will bring that same commitment to City College,” he pledged.

Guardian voices: The zombie condo converters

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What is the shelf life of  a really bad public policy concerning housing in  San Francisco?

When it comes to condo conversions of existing rent controlled apartments, the answer is that there is no limit on how many times this bad idea is taken off the shelf. Like a bad summer zombie movie, this undead keeps  walking, no matter what San Franciscans say.

A little history.  In 1982 Supervisor Willie Kennedy, not a bomb-throwing tenant advocate by any stretch, sponsored legislation that limited the  conversion of existing apartments to condos to no more than 200 a year. The measure did not touch new constriction, allowing unlimited condominium construction. Indeed, from 1983 to 2000, some 12,200 new condos were built, an average of some 680 units a year. Since 2000, nearly 100 percent of all new residential constriction is built as condos; there is no limit on renting a condo, but an annual limit in converting an existing apartment. Clearly, condos are a tenure type of housing that is dramatically expanding.

The reason Kennedy and the at-large elected Board of Supervisors voted for the annual limit was to protect rent-controlled apartments, a type of housingthat can’t be expanded. San Francisco’s 1978  rent control ordinance exempted all new construction from being under rent control. So rent-controlled apartments were a fixed number — all apartments built before 1978 — banned by law from ever being expanded. 

Yet those apartments are the largest number of affordable housing units available to moderate and middle income households. Thus, there’s a rational desire to preserve them by a public policy that limits their conversion to condos because they are declining in numbers.

And San Francisco voters understand and support this very rational policy.

In 1989, realtors and speculators tried to overturn the annual limit, proposing a measure that said if 51 percent of a building’s existing tenants voted for a conversion, then the building could be converted with no annual limit. This proposal laid out a future of a Hobbesian society here in San Francisco with one set of well-to-do tenants fighting another set of less-well-off tenants, building by building. San Francisco voters defeated the measure 63-37.

But in the land of the living dead condo converters, no is never the answer.
 
In 2002, Gavin Newsom, Tony Hall and Leland Yee, Plan C, and the Chamber of Commerce placed another measure on the ballot to repeal the annual limit. It too, was  rejected: 60 percent voted no, and 40 percent yes. The measure was defeated in all of the supervisorial districts except  Newsom’s D2, Tony Hall’s D7, and Leland Yee’s D4.

Tenant and affordable housing advocates were not unmoved by the desire of tenants, especially in privately owner rental housing facing Ellis Act and TIC evictions, to seek the protection of home ownership. In 2008 they supported an amendment to the Subdivision Code carving out from the annual limit conversions of apartments by nonprofit, limited equity housing
co-ops.

Now were are confronted again by a desire to allow more conversions of rent controlled units by private buyers who bought into the TIC dodge around the annual condo conversion limit.

Since TIC’s do not require a sub-division map, creating legally recognized separate units, they became “grey market” condos. With hot mortgage money flowing during the bubble, TIC owners could get financing. Now, banks are actually following some laws and will not lend to buy a legally grey TIC.  Thus the move to get them converted to legal condos.
 
This is, in its most basic form, yet another bailout caused by speculative capitalism. We seem to no longer believe in the market as an economic system, in which bad economic decisions result in economic loss for the folks involved. We now seem to believe in the “market society” — in which those with money get to keep it no matter what bad decisions they make.

What this is all about is not really homeownership but about home sales. After all, if you have a TIC you already have a home. You want to convert it to a condo not to live in, but to sell. To make it easier to sell TICs would make it harder to sell the thousands of already approved but stalled new condos.

Mayor Lee administration want to stimulate these stalled condo developments, claiming they will create constriction jobs. The Farrell and Wiener condo conversion plan undercuts these efforts and, of course, will create no jobs for anyone but realtors and moving companies.

This is called a “contradiction of capitalism,” when one set of capitalists seek, to the disadvantage of another group of capitalists, to get the government to intervene on their behalf.  But it does prove once again that Lenin was right when he said that one could count on one set of capitalists to compete with each other to sell rope to hang another set.

It’s really bad economic policy, and even worse housing policy.

Why three families, who never missed a rent payment, may face eviction

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Alma Sierra has been living in her home at 490 Athens for three years. Sierra, her nine year old son, and two other mothers with their children share a rental unit. They have diligently paid their rent, and her son goes to school across the street. But last year, US Bank foreclosed on the small-time landlords that owned the property- now, the tenants face eviction.

“We’re three single mothers with children. We don’t have the means to just up and leave,” Sierra, a part-time domestic worker, told me through a translator from Causa Justa, an organization that works for tenants’ rights.

Their work helped pass the Just Cause eviction policy for which the organization is named last year.

Under city law, a landlord needs one of 14 reasons to justly evict a tenant. The reasons include failure to pay rent and trashing the property, as well as owner move-in and Ellis Act evictions.

But the foreclosure crisis has brought on a wave of bank-owned properties. These are tricky situations legally; banks generally want to sell the property, a task made more difficult if there are pesky tenants living there.

“The banks want to get rid of the tenants. The realtors for the banks always tell them they can get more money if there aren’t any tenants in it. Because that way they would have to do an owner move-in eviction,” said Tommi Mecca, a long-time tenants’ rights advocate in the city.

According to Mecca, US Bank has been pressuring the three families to leave the building, although no eviction papers have been filed yet. The Guardian is awaiting calls back from US Bank representatives.

In fact, it was only recently that the tenants even learned about the change of ownership, and contacted Causa Justa to ask for assistance.

The San Francisco Housing Rights Committee (SFHRC) got involved, as well- and discovered that the foreclosure had likely taken place in March of 2011.

“We got no notice about it,” said Sierra.

She added that she and the other tenants had continued to pay their rent to the former landlords for almost a year– even after the landlords no longer owned the property.

“It can take many months, in some cases longer, to actually sell property,” said Sarah Shortt, an organizer with the SFHRC.

“So in the meantime the bank is the landlord and they haven’t been responsible in lending or as landlords. They tend to disregard tenants’ rights and trample over the needs and concerns of renters.”

Even when tenants are made aware that the property they live in has been sold back to bank, it can often be difficult to determine who to turn to for repairs, complaints, or even the right address for rent checks.

“One of the things we see a lot of is, the bank acquires the property and then they’re just MIA. Tenants come to us and say, we don’t know who owns our building, where to pay rent, who to ask to fix leaky ceiling. We help them research to find who owner is,” said Shortt.

These situations often end with buy-outs, in which the bank pays the tenants to leave the property. The amount ranges, but according to Mecca, it can often be insubstantial.

“They start at $1,000, $3,000, something really insulting. And it’s only if tenants walk in somewhere like [the SFHRC] that we tell them, wait a minute, your tenancy is worth so much more than that.

As for Sierra and her roommates, they are determined not to leave.

“We don’t want to leave,” said Sierra. “We didn’t do anything wrong.”

At a press conference in front of a branch of US Bank on 16th and Mission today, more than 40 supporters came out to support the tenants in their attempts to stay in their home. In compliance with police, they left an aisle for pedestrians and blocked neither the sidewalk nor the street, and made efforts to allow customers room to enter and exit the bank. The manager opted to lock the doors anyway.

Once the door had been locked, some of the children who live in the unit taped letters they had hoped to deliver inside to the doors. One letter reads in part, “We have nowhere to go. None of our families can afford to move. And we shouldn’t have to. As tenants, we have rights in San Francisco.”

The letters cites a recent report which states that 2.3 million children in the United States have lost their homes to foreclosure  that one in eight children in the United States has been affected by foreclosure (based on data for loans that were made between 2004 and 2008.)

And supporters plan to keep up the pressure on banks in these and other cases of foreclosure and eviction- there’s hardly a lull before an “occupy the auctions dance party” planned for tomorrow.

For Shortt, the housing issue fits squarely into heightened protest activity launched by occupy protesters last fall.

“I think that’s one of the most important pieces of the occupy movement, starting to educate ourselves and each other about how ubiquitous the toll that’s been taken on cities, neighborhoods, communities by banking industry and one percent,” said Shortt.

“Any of these cases we talk about homeowners, renters, it’s the 99 percent we’re talking about, and tends to be the lower tier of the 99 percent, low income people are being disproportionately hit by this.”

The struggle for housing money at City Hall

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It’s barely March, and the next election isn’t until June and that’s just primaries and the Democratic County Central Committee, but we just started getting political mail anyway. It’s a piece from the Board of Realtors, denouncing plans for an increase in the real-estate transfer tax “to provide subsidized housing to people who want to live in San Francisco but don’t have the means to do so.” Mayor Ed Lee, the flier says, is backing this “outrageous” plan.

What, exactly, is going on here?

Well, for starters, the mayor is distinctly NOT pushing for an increase in the transfer tax, not right now, anyway. What he is doing is meeting with housing advocates and legislators and trying to come up with a stable source of funding for affordable housing — yes, for families and low-income people, many of them longtime residents who are being forced out by Ellis Act evictions, others of them people who work in the city and would rather live here than commute from Pinole, which everyone with any sense agrees is a good idea.

The problem: For years, San Francisco used Redevelopment Agency tax-increment money for affordable housing. Now that money’s gone, since the governor abolished redevelopment agencies. Actually, the money’s not gone, technically — the increased tax revenue from redevelopment project areas still exists. It’s just that the state is now taking a bunch of it, and other taxing entities like BART and the school district get some of it, and now it’s impossible to send bonds and borrow money against it. So what was once tens of millions for affordable housing is now a few million.

“We might have $20 million a year in the general fund,” said housing activist Peter Cohen. “But that’s compared to the $40 million or $50 million we had in the past, and it still leaves housing short.”

Lee has promised repeatedly to fix that problem, to find a way to make sure that there’s enough money that the nonprofits who build housing can plan and develop for the long term. Right now, it’s being called a Housing Trust Fund, but nobody knows exactly how it will actually work.

Remember: The city’s own General Plan states that 60 percent of all new housing should be available at below market rate. All of the regional growth projections say that San Francisco needs to build more housing — for its own workforce, not just for the rich. (And the local workforce, for all the tech jobs the mayor keeps hyping, is still mostly public-sector workers and service employees, most of whom can’t possibly afford the soaring rents and housing prices in this city.)

A lot of the existing affordable housing money comes from the city’s inclusionary housing law, which mandates that market-rate developers set aside a percentage of their new units (usually 20 percent) for lower-income people. Most developers eschew allowing poor people into their condo enclaves, so they pay a fee into a city fund instead.
But if we’re aiming for 60 percent, and we’re getting (at most) 20 percent, we’re a long ways off. Oh, and the developers are starting to argue that the 20 percent rule is too onerous and they can’t build enough condos for the rich if they have to throw scraps to the poor and middle-class, too.

And some supervisors are squawking about building more housing for the middle class, and right now in a zero-sum game, that means less for low-income people.
This all adds up to a mess for the mayor, and it’s no wonder some advocates are talking about raising the transfer tax — which, after all, is paid by the seller of a residential or commercial building, and while there are absolutely some houses underwater in San Francisco (and there should probably be an exemption in the tax for that situation), overall home prices are rising again, and many, probably most home sales these days involve substantial profit. It’s not a perfect tax, but it’s a tax on a class that is (generally) better off to support a class that is typically not so well off.

Here’s the problem: If the mayor supports a transfer tax, and that’s part of the final package, the realtors and the commericial building owners will no doubt put huge amounts of money into defeating it. That would mean Lee would have to raise a bucket of money and campaign really hard to pass it. But Lee’s demonstrated that he’s not the fighting type; he wants something that nobody serious will oppose. Which is why my sources at City Hall say that he wants the transfer tax off the table.

That could mean that the Housing Trust Fund will be a basic set-aside, a budgetary mandate that a certain amount of money go into a reliable fund for housing. That’s one of the city’s most pressing needs (really, if this becomes a city of just the rich, even those of us who own houses or have rent-controlled apartments won’t want to live here any more. Mayor Larry Ellison? Eeew.) So I’m okay with that. I’m not a big fan of set-asides, but this is the whole future of San Francisco we’re talking about.

So the realtors can take a chill pill — the mayor doesn’t want to get in a fight with you. Sigh.

Who gets to live here?

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yael@sfbg.com

Housing policy — which determines who will be able to live in San Francisco — has been a hot topic at City Hall these days.

At a Board of Supervisors Land Use and Economic Development Committee meeting on Feb. 13, representatives from the Mayors Office of Housing (MOH) reported on the state of middle-income housing in San Francisco, at the request of Sup. Scott Wiener. “Middle class” people make up 28 percent of the city’s population, a 10 percent decrease in the past two decades, and to reverse that decline would cost about $4.3 billion in housing subsidies, or more than half the city’s annual budget.

Wiener, who insists that “middle income and low income housing are not mutually exclusive,” said he’s raising the issue because the needs of the shrinking middle class are not being addressed. But during the public comment period, a long procession of low-income residents say city housing policies have kept them on the brink of homelessness. The takeaway message was: don’t embark on new housing efforts until you can enforce the ones that are already in place.

Also underscoring the desperate state of many San Francisco residents, Assessor-Recorder Phil Ting released a report Feb. 16 that contains shocking statistics about invalid foreclosures and illegal evictions in San Francisco. Ting found that 99 percent of all foreclosure proceedings in San Francisco in the past four years have contained paperwork irregularities, and in 84 percent of cases, banks or lenders have committed fraud or broke other laws.

With the loss of the redevelopment agencies, Mayor Ed Lee’s proposal for a housing trust fund, renewed calls for more condo conversions, and a new focus on middle income housing incentives, the conversation on housing in San Francisco is heating up.

 

MOVING TOWARDS RENTAL

San Francisco’s housing market is 64 percent rentals and 36 percent ownership, according to MOH. So despite the focus of politicians and developers on homeownership, housing policy in San Francisco mostly involves renters, many of whom face myriad threats.

Rents can be so steep that market-rate rental housing is becoming increasingly accessible only for parts of the middle class and the highest income brackets in the city. People in San Francisco tend to pay a huge chunk of their income towards rent.

The federal Housing and Urban Development Agency considers it reasonable for a households to pay 30 percent of their income towards rent; but for the city’s very low income households, rent is typically nearly 60 percent of income. For middle income households, the average percent paid toward rent has increased since 1990, but remains below 30 percent.

Those people fall mainly into the middle-income bracket, those earning 80-120 percent of Area Median Income (AMI.) Planning Director John Rahaim said that for the very low-income population (0-50 percent AMI) all rental housing is “virtually off-limits.”

So, for the middle class, renting a place in San Francisco is tough. For the low and very-low income, it’s next to impossible. And that reality threatens the city’s diversity.

“The highest rent burden still falls on lower income residents, many of whom pay 70 percent of their income as rent,” Sup. Eric Mar, who also sits on the Land Use Committee, said at the hearing. “In my district, people have whole families living in their living room or extra bedroom.”

But things may be looking up for renters. MOH’ Brian Cheu said developers believe that the market trends are heading towards construction of new rental housing after being almost exclusively owner-occupied units for many years. Cheu said there are 725 rental units in the pipeline for the next five to ten years, more than twice the new housing units meant for ownership slated for that time period.

Most of this will be market rate housing, and thus still unaffordable for a good deal of the population. But for those making around 100 percent of AMI — the middle class that Wiener hopes to serve — there are more rental units on the way.

“Any increase in supply of rental housing would help,” said San Francisco Tenants Rights head Ted Gullickson, “because there’s been virtually no new rental housing built in San Francisco is last 20 years.”

Even as Wiener promised to continue to prioritize the needs low-income residents, the foreclosure crisis was barely acknowledged at the Feb. 13 hearing. Many low-income residents say they are not sure they can trust the city’s claim that “this is not a matter of us vs. them.”

At public comment, many community members spoke of the housing troubles that they were already facing. Yue Hua Yu, who spoke at the Feb. 13 hearing, lives with her family of four in a single residency occupancy hotel room (SRO), units intended for single occupants.

“We would support a policy that protects the city’s affordable housing stock,” said a statement from Wing Hoo Leumg, president of the Chinatown Community Tenants Association.

Renting may be the realistic choice for most San Franciscans, but homeownership remains an important goal and achievement for many families, and the main obsession of many politicians.

Part of the middle class exodus is unmistakably due to better homeownership rates in Oakland, Daly City, Marin, and other surrounding areas. But there are neighborhoods with higher rates of homeownership than others, including Bayview-Hunters Point.

BHP has long been a prime spot for low-income homeowners, but it’s slated for extensive new housing construction in the coming decades that could compromise its affordability. It is also an area hit hard by the foreclosure crisis: there have been 2,000 foreclosures in Bayview in the past four years, according to Ed Donaldson, housing counseling director at the San Francisco Housing Development Corporation.

Rising prices and the foreclosure crisis have played a large part in the large-scale African American out-migration that has devastated San Francisco communities in recent decades.

 

 

APARTMENTS OR CONDOS?

One of the biggest points of controversy in the homeownership debate has been the issue of condo conversion, which was brought up again this past week at the Feb. 14 Board of Supervisors meeting, when Sup. Mark Farrell asked Lee if he would support legislation to let 2400 tenancy-in-common (TIC) owners bypass legal limits and fastrack towards condo conversion.

Farrell framed this as “a vehicle to allow residents of our city to realize their goal of homeownership.”

On Jan. 16, the city held its annual condo conversion lottery, in which 200 lucky TIC owners win the chance to convert their units into condos, thereby legally becoming homeowners. TICs and condo conversion have long been fraught with controversy in San Francisco, where there is never enough housing for everyone who wants it.

Condo conversion proponents say that turning a TIC — usually a building that used to be rental housing that has been purchased by a group of people that own it in common — into condos is a cheap way to become a homeowner in a city as expensive as San Francisco.

But tenants rights advocates have long opposed this process on the basis that it depletes the city of its rental housing stock. “When you have more condo conversions, you have more evictions, and it’s harmful to low-income residents” Gullicksen said.

This controversy, and the struggle to maintain a balance between opportunities for homeownership and reasonable rents has raged in San Francisco for years. In 1982, the Board of Supervisors passed a limit of 200 condo conversions per year as a compromise. There are no regulations, however, on converting rental housing to TICs.

“This has come up almost every single year for years and years about this time,” said Peter Cohen, organizer with the Council of Community Housing Organizations.

This year, however, proponents are not simply reiterating a request to bypass the condo conversion lottery. Plan C, a coalition of San Francisco moderates, is pushing for adding a fee to condo conversion, ranging from $10,000 to $25,000, which would go towards an affordable housing fund.

Mayor Lee said that he is open to considering a change in condo conversion policy, “providing it balances our need for revenue for affordable housing, the value that responsible homeownership brings to the city, and the rights of tenants who could be affected by a change in policy.”

 

WHOSE TRUST FUND?

This comes at a time when the city is facing a loss of millions per year for affordable housing with the dissolution of the redevelopment agency (see “Transfer of power, Jan. 31).

That dissolution led to Mayor Lee’s plan for an affordable housing trust fund, to be voted on as a ballot measure this November. The kick-off for that plan also began recently, with a press conference and big-tent meeting to discuss what it might look like.

On the day after the Land Use Committee meeting, where he started the conversation on “middle class” housing, Wiener posed a question to Lee at a Board of Supervisors meeting, asking how the mayor plans to “ensure that the housing trust fund that comes out of the process you have convened will meaningfully address the need for moderate/middle income housing.”

Some are concerned that too much of the trust fund could be allocated outside low-income demographics. “There’s a limited size pie of resources,” Cohen said. “Just in a matter of the last months, we lost the redevelopment agency. The city is madly scrambling to try to replace that through housing trust fund, and working to get us back to somewhere close to where we were…Is that pie, that has dramatically shrunk, going to be stretched further for another income band?”

That question will be important when the proposal goes to vote in November. According to Donaldson, many low-income homeowners will not vote for the measure unless it addresses their needs. The specifics of the measure calling for the trust fund are still being worked out. But, it will likely be funded by an increase of the transfer tax paid when homes change ownership.

Yet that proposal was the subject of an unusual political broadside from the San Francisco Association of Realtors, which last week sent out election-style mailers attacking the idea. “Brace yourself for an unexpected visit from the city’s tax collector,” the mailer warns, showing the hand of government bursting through the wall of a home, urging people to contact Lee’s office.

The measure may also see opposition from low-income communities, especially if, as Wiener has urged in the past week, it allocates a chunk of funds towards middle-income housing.

“It’s hard to find people who will support it. They’re saying, ‘what’s in it for me? Why would I vote for a transfer tax that I’m going to have to pay to help finance the building of affordable housing or middle-income housing. Why support programs that will support middle income people, who make more money than existing homewoners?” explained Donaldson. To agree on a way forward for housing in San Francisco, policymakers will need to reconcile a range of interests. In the worst-case scenario, the profit interests of realtors and developers will overtake the interests of San Francisco families struggling to continue to live in the city they love. But housing advocates are willing to work together to come to a solution. “Let’s put everything on the table, and let’s figure it out. In the spirit of cooperation, and with the understanding that each respective constituent group is not going to get everything that they want, but let’s put all the cards of the table,” said Donaldson.

District lines: a community alternative

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Early in April, a nine-member task force most San Franciscans have never heard of will draw lines that could change local politics for a decade. The Redistricting Task Force is using the 2010 U.S. Census data to adjust supervisorsial districts to reflect changes in the city’s population. Some shifts are dramatic — the area now covered by District 6 has some 25,000 new residents, and will have to shrink. Others will have to grow. And the way the new boundaries are set could affect the representation of ethnic groups, the political leanings of the board members, and the ability of progressives to pass legislation.

The task force has held a series of hearings on individual district lines. The S.F. Board of Realtors and other downtown groups are drawing their own maps. But almost nobody on the left has been looking at the city as a whole and how the different district lines can impact our ability to get six votes.

As campaign consultant David Looman puts it, “what downtown wants is clear — they want to quarantine all the progressives in districts five, six and nine, so they can control the rest.” What do the rest of us want?

The Guardian held a forum on the topic Jan 26, and about 70 people from across the wide rainbow that is the city’s progressive moment attended. The goal: To create a community alternative to what downtown, the Mayor’s Office, and possibly a majority of the task force members is suggesting.

>>VIEW THE MAP HERE

The map above represents a first draft. Fernando Marti, a community architect and housing activist, did the heavy lifting, looking for ways to keep ethnic communities, neighborhoods, and other so-called communities of interest together, while still avoiding the downtown quarantine.

It’s not an easy task, and there was a lot of discussion around some of the lines. Many of the people in the room were unhappy with the border between District 8 and District 6; in the next draft, that will probably be moved back from Valencia to Guerrero.

There was discussion about whether Japantown should be in District 1 or District 5, whether Portola should be in District 9 or split up, how the District 6 lines should be drawn, and much more.

It’s a work in progress — but we’re publishing it to get some feedback, to let people know that the process is going on, and to let progressive and independent neighborhood activists know that the task force decision, which can’t be appealed or overturned, is critical to the city’s future.

Redrawing the map

43

tredmond@sfbg.com, steve@sfbg.com

The most important political change of 2012 may not be the appointment of a new District 5 supervisor or the inauguration of a new mayor and sheriff. A process moving slowly through a little-known city task force could wind up profoundly shifting the makeup, and balance of power, on the Board of Supervisors — and hardly anyone is paying attention, yet.

The Redistricting Task Force is in the process of drawing new lines for the supervisorial districts, as mandated every 10 years when new census data is available. The nine-member body is made up of three appointees each by the board, the mayor and the Elections Commission. While mandated to draw equal-sized districts that maintain “communities of interest,” the board has almost unchecked authority to decide which voters are in which districts.

While it’s difficult to draw 11 bad districts in San Francisco, it’s entirely possible to shift the lines to make it more difficult to elect progressives — something many groups out there are anxious to do.

VIEW THE CURRENT WORKING DRAFT MAP HERE

 

CONSOLIDATING THE LEFT

Downtown and pro-landlord groups are circulating their own draft maps, attempting to influence the outcome. Their goal is hardly a secret: If progressive voters can be concentrated in a small number of districts — say, districts 5, 6, and 9 — it’s more likely that a majority of the board will be moderates and conservatives.

The task force has looked at 10 “visualizations” prepared by a consultant, and each of them had some alarming aspects. For example, the visualizations mostly pushed such conservative areas as Seacliff and Presidio Heights into District 1, which is represented by progressive Sup. Eric Mar.

On Jan. 4, those drafts were replaced by a single working draft map, which is now on the task force’s hard-to-find website (www.sfgov2.org/index.aspx?page=2622) — and it’s not as bad as the earlier versions. The working draft keeps Seacliff and Presidio Terrace in District 2 — which share similar demographics.

“The working families in the Richmond don’t belong in the same community of interest as the millionaires with homes overlooking the ocean,” Mar told us.

But there are other changes that some may find alarming. The more conservative Portola neighborhood, which is now in District 9, would be included in District 11, while D9 would pick up the more liberal north Mission. That would make D9 an even safer progressive district — but make D11 harder for a progressive like the incumbent, John Avalos, to win.

The task force has been holding hearings on each of the districts — but there’s been little discussion about how the new lines will affect the makeup of the board, and the politics and policy of the city, as a whole.

 

POPULATION CHANGES

The driving force behind the changes in the districts is the rather dramatic population shift on the east side of the city. Most of the districts, census data show, have been relatively stable. But since 2000, 24,591 more people have moved into D6 — a nearly 30 percent increase — while 5,465 have moved into D10 (a 7.5 percent increase) and 5,414 into D11 (8.7 percent). D9 saw the biggest population decrease, losing 7,530 voters or 10.3 percent.

The huge growth in D6 has been the result of a boom in new high-end condos in the Rincon Hill and SoMa neighborhoods, and it’s changed the demographics of that district and forced the city to rethink how all of the surrounding districts are drawn.

No matter what scenario you look at, D6 has to become geographically smaller. Most of the maps circulating around suggest that the north Mission be shifted into D9 and parts of the Tenderloin move into districts 3 and 5. But those moves will make D6 less progressive, and create a challenge: The residents of the Tenderloin don’t have a lot in common with the millionaires in their high-rise condos.

As progressive political consultant David Looman noted, “The question is, how do you accommodate both the interests and concerns of San Francisco’s oldest and poorest population and San Francisco’s youngest, hippest, and very prosperous population?”

The working map is far from final. By law, the population of every district has to be within 1 percent of the median district population, or up to 5 percent if needed to prevent dividing or diluting the voting power of minority groups and/or keeping established neighborhoods together.

Under the current draft, eight of the 11 districts are out of compliance with the 1 percent standard, and District 7 has 5.35 percent more residents than the mean, so it will need to change. But task force Chair Eric McDonnell told the Guardian that he expects the current map to be adopted with only slight modifications following a series of public meetings over the next couple months.

“The tweaks will be about how we satisfy the population equalization, while trying to satisfy communities of interest,” McDonnell said, noting that this balancing act won’t be easy. “I anticipate everyone will be disappointed at some level.”

 

OUTSIDE INFLUENCES?

Some progressives have been concerned that downtown groups have been trying to influence the final map, noting that the San Francisco Board of Realtors, downtown-oriented political consultants David Latterman and Chris Bowman, and others have all created and submitted their own maps to the task force.

McDonnell said the task force considered solutions proposed by the various maps, but he said, “We won’t adopt wholesale anyone’s maps, but we think about what problem they were trying to solve.”

For example, some progressive analysts told us that many of the proposals from downtown make D9 more progressive, even though it is already a solidly progressive seat, while making D8 more conservative, whereas now it is still a contestable district even though moderates have held it for the last decade.

“It would be nice to see the Mission in one district, but it makes D8 considerably more conservative, so it’s a balancing act,” said Tom Radulovich, a progressive activist who ran for D8 supervisor in 2002.

Latterman told us he has a hard time believing the final map will be substantially similar to the current draft. “Once that gets circulated to the neighborhoods, I find that hard to believe it won’t change,” he said. “A lot of the deviations are big and they will have to change.”

He said that he approached the process of making a map as a statistician trying to solve a puzzle, and that begins with figuring out what to do with D6. “I fall back on my technician skills more than the political,” Latterman, who teaches political science at the University of San Francisco, said. “It’s a big puzzle.”

Latterman also disputed concerns that he or others have tried to diminish progressive voting power, saying that’s difficult to do without a drastic remaking of the map, something that few people are advocating.

“It’s hard to make major political changes with the other constraints we have to meet,” he said. “Unless you’re willing to scrap everything we have, it’ll be hard to make major political changes.”

Once the task force approves a final map in April, there’s little that can be done to change it. The map will go to both the Elections Commission and the Board of Supervisors, but neither can alter the boundaries.

“We are the final say,” McDonnell said. That is, unless it is challenged with a lawsuit, which is entirely possible given the stakes.

Guardian editorial: Mixed report on Mayor Lee

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EDITORIAL Mayor Ed Lee’s first big decision — the appointment of a District 5 supervisor — demonstrated something very positive:

The mayor knows that he can’t do what his predecessor did and ignore and dismiss the progressive community.

His inauguration speech demonstrated something else: That he has no intention of being a mayor who takes on and defies the interests of downtown.

Part of the reason Gavin Newsom was a failure as mayor is that he was constantly at war with the left. He ran the city as if his was the only way, as if there were no good ideas coming out of anywhere except his office — and as if anyone who disgreed with or voted against him was his enemy.

That didn’t work, and it doesn’t seem to be Lee’s style. He was under pressure to appoint a supervisor who would go along with him on key votes, but he also knew that a moderate or a lackey would deeply offend the voters in D5, who supported John Avalos for mayor and remain among the most progressive voters in the city. The choice of Christina Olague shows a willingless to accept that progressives play a significant role in San Francisco politics. (It also shows that he is better than any mayor in recent memory at keeping a secret — nobody outside of his inner circle had any idea who his choice was until he announced it Jan 9.)

Olague was, overall, an excellent planning commissioner, and has the potential to be an excellent supervisor. But she will need to make clear from the start that she is representing the district, not the person who gave her the job. Because on some of the key issues that will come before the board this spring, her constituents are well to the left of the mayor. If she can’t vote against his wishes, she’ll have trouble in November.

Olague also needs to be sure that some of the issues her predecessor, Sheriff Ross Mirkarimi, championed (public power and community policing, for example) don’t fall by the wayside. Her expertise in land use issues should be helpful as the board wrangles with waterfront development, affordable housing and the giant California Pacific Medical Center hospital project.

Lee’s inaugural speech was mostly a typical political speech for a new mayor, but it contained a nugget that’s worthy of note. He proclaimed that San Francisco should be a “city of the 100 percent,” a takeoff on the Occupy movement’s 99 percent slogan. And while that’s mostly rhetoric, it’s also a sign that the former housing activist is not going to be a mayor who wants to make a legacy of challenging the economic and political powers of San Francisco.

Working together is fine — but there are a small number of very wealthy and powerful people who have interests that are utterly opposed to the interests of the rest of us. Economic injustice is every bit as real in this city as it is elsewhere in the country — and that’s something the mayor didn’t even mention or acknowledge. Pacific Gas and Electric Co., the big real-estate developers, the landlords out at ParkMerced, the Chamber of Commerce,  and the Board of Realtors … they don’t want to work together. They want their way.

So it’s a mixed report for Mayor Lee — and over the next few months, he’s going to have to realize that everyone in the city can’t and shouldn’t work together, that there are battles where politicians have to take sides, and that all of us will be watching very closely to see where he draws the line.

Occupy movement targets foreclosed homes

14

Throughout the Bay Area on Tuesday (Dec. 6), Occupy activists and housing advocates launched what they said will be an ongoing effort to place families back into their foreclosed homes, seizing bank-owned homes to put pressure on the banking industry to cooperate with homeowners in loan trouble.

In San Francisco, San Jose, and Oakland, activists highlighted the nation’s foreclosure crisis by occupying foreclosed homes as part of the Occupy movement’s national day of action against foreclosures. Occupy Oakland activists said the tents are gone in downtown Oakland, but the move toward house occupations represents a new phase for the movement.

“I am here fighting for my home,” said Margarita Ramirez, addressing a crowd of 150 supporters at the West Oakland BART station. Ramirez said her family fell behind on their mortgage payments after her husband was laid off at the onset of the recession. The Ramirez family applied for a loan modification under the federally subsidized Home Affordable Modification Program(HAMP) hoping for some relief, but their lender, Bank of America, denied their request. Though HAMP is a federal program, it is administered though individual mortgage lenders.

According to Ramirez, with time left before her foreclosure, Bank of America urged them to explore other options to save their home. Then, inexplicably, Bank of America sold her home to Fannie Mae, leaving her family out of options despite what Ramirez says is Bank of America’s later admission to the error and willingness to work with the family. Fannie Mae however has held firm that the sale was valid, leaving the Ramirez family in an uncomfortable comprise of renting their own home.

In order to pressure Fannie Mae on behalf of the Ramirez family, activists with Occupy Oakland and Just Cause seized a vacant Fannie Mae owned foreclosure at 1417 Tenth street in West Oakland.

“This house is owned by the federal government, who we pay taxes to,” said Occupy Oakland activist Thaddeus Guidry, who said that he had struggled hard to get by during the recession. As he stood over a grill cooking hotdogs for the crowd gathered in the yard of the newly occupied house, he said he had found new inspiration and hope after becoming part of Occupy Oakland.

“Tonight will be the first night here in the house,” said Guidry. “This is my home now. We hope to house eight people here.”

Fannie Mae, which was effectively foreclosed on by the U.S. Treasury in 2008 under a process know as conservatorship, has received $169 billion in federal bailout money and remains under federal control.

The house on Tenth street is modest but spacious, with electricity and water. Downstairs, Just Cause is getting ready to start an eviction defense clinic. Just Cause organizer Maria Zamudio told the Bay Guardian that the group holds regular eviction defense clinics in San Francisco and Oakland, but the freshly occupied house in West Oakland would serve as a community space that people can drop into to learn their rights.

“We have been doing eviction defense for a long time. Since the recession, we have seen a change to tenants being pressured to leave by banks after landlords lose a house to foreclosure,” said Zamudio. “It is important for tenants to know that they do not need to leave a foreclosed property. The tenant has more rights in these situations then the homeowner.”

Only blocks away, Gayla Newsome stood in front of her house at 1536 Adeline St with another crowd of supporters from Occupy Oakland, and housing advocates from the Alliance of Californians for Community Empowerment(ACCE). She has been out of the house for six months after the foreclosure, leaving her and her children to stay with family in an overcrowded situation as the house sat vacant.

“This is the moment I take my house back. I’m a little scared, a little nervous, but I have to do this for my kids and grandkids. I have to do this for the other people who are going through this,” said Newsome.

Newsome said Chase Bank repeatedly denied receiving her HAMP loan modification paperwork. When she finally sent a copy by certified mail, they acknowledged the application and denied her eligibility in the program.

The eviction came swiftly. Unaware of the looming eviction, and believing she still had time to save her house even though Chase was outside the HAMP program, Newsome was called by her children while at work the morning of July 19.

“The kids were given 10 minutes to grab what they could before they were put on the sidewalk in their pajamas by the bank representative and the sheriff. They called me frantic,” recalled Newsome.

The recession has been hard on West Oakland. One out of 236 houses in West Oakland are in foreclosure, with many more families hard-pressed to hang on. Housing advocates say that foreclosures destabilize entire neighborhoods, as surrounding property values plummet and blight spreads.

“I’m not just here personally to reclaim my house, I’m here to say it is time to reclaim this neighborhood,” said Newsome, who laid the blame for the neighborhood’s sharp decline at the feet of the banks.

Residents of the neighborhood gathered for the rally shared stories of realtors cruising the neighborhood stopping to photograph even properties that are not in foreclosure or for sale.

“This was not an accident, this is redlining,” said Nell Myhand of Just Cause about West Oakland’s housing troubles.

“It’s time to take this to the politicians,” said ACCE organizer Shirley Burnell. “If they are not willing to help us, then they got to go. We will take them to the streets.”

Outside, activists signed up for shifts to help defend Newsome’s home from eviction, and started an emergency phone tree in case of trouble.

“The tents are gone but we are still here!” yelled an Occupy activist from the crowd as home defense clipboards circulated.

“I appreciate everyone doing this with me,” said Newsome. “That’s what Occupy is all about. We will take our homes back one at a time – no, five at a time.”

The Guardian–and the historic elections of 1966 and 2011

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(Written on election day before the polls closed. Scroll down for our editorial positions of 1966 and 2011)

In the second edition of the Guardian, dated Nov. 7, 1966, we published our first set of editorial endorsements that were to become a trademark of our form of alternative journalism.  (Our 1966 editorial in pdf form.)

We strongly endorsed then Gov. Pat Brown, going for his third term as a progressive governor, over Ronald Reagan, making his first run at elective office as the voice of the new Republican conservatism, in what we called “our historic election.” In reading the editorial over on the eve of our current “historic election,” it was remarkably prescient.

“For the repudiation of Brown and the election of Reagan,” we noted gloomily,  “would mean that a generation of progressive legislation—in medicare, in education, in welfare, in conservation, in water resources, in bringing to account the dreadful problems of growth, population, and sprawl—would be in grave jeopardy.

“It isn’t difficult to imagine, for example, what will happen to the conservation movement at the hands of a man who talks loudly about selling off ‘unused park land.’ It is this sort of statement that shows Reagan’s naivete, his total lack of qualification for any responsible government job and his complete misunderstanding of what is happening in our state.”

We pointed out that Brown had continued the progressive policies of Govs.Warren and Knight but that this forward movement would end abruptly with Reagan as governor. Well, alas, we were right. Reaganomics was born and the Guardian and everybody else have ever since been fighting the doctrine of tax cuts, deregulation, privatization, and the economics of greed is good and greed is legal.

The result can be seen in today’s election in San Francisco and other California cities and counties.

The mayoral regimes of Brown, Newsom and Ed Lee have carried on the key elements of Reaganomics: endless budget cuts and a bushelbasket of  higher fees, no new revenue initiatives, no moves to tax the Warren Hellmans and the Gordon Gettys on the same basis as the middle class, no moves to tax the big realtors and banks and big downtown companies on the same basis as small businesses, maintaining and facilitating the galloping inequalities of income, keeping the corrupting PG&E/Raker scandal intact at City Hall and thus allowing PG&E to operate as an illegal private utility in San Francisco. On and on.

 The sad thing is that if Lee wins and the tide of sleaze keeps rising in his office, and the progressives lose even more power, things are likely  to get much worse and fast. If Avalos or Herrera win, things are likely to get better but slowly if at all. If Mirkarimi wins, he will make an excellent sheriff in the Mike Hennessey tradition and will immediately be a candidate in waiting to run for mayor as a progressive sheriff and keep PG&E and the Chamber of Commerce gang on edge. (Our position as  outlined by Executive Editor Tim Redmond in “The bad old days” in   our 45th anniversary issue of Oct. 19, 2011.) 

 In any event, the Guardian will be here to “print the news and raise hell for good causes,” to update our masthead motto of 45 years. B3

 

 

 

On Guard!

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news@sfbg.com

 

VICTORY’S MUDSLINGING

Hit pieces are common in San Francisco politics. So, sadly, are negative mailers funded by outside independent expenditure committees that can raise unlimited money.

But it’s highly unusual for an organization devoted to electing queer candidates to fund an attack on a candidate who is endorsed by both leading LGBT organizations and is, by all accounts, an ally of the community.

That’s what happened last week when the Washington-based Victory Fund — the leading national organization for LGBT political candidates — sent out a bizarre mailer blasting City Attorney Dennis Herrera for taking money from law firms that do business with the city.

The Victory Fund has endorsed former Sup. Bevan Dufty, who is the most prominent LGBT candidate in the mayor’s race. That’s to be expected; it’s what the Victory Fund does.

But why, in a race with 16 candidates, would the fund go after Herrera, who has spent much of the past seven years fighting in court for marriage equality? Why try to knock down a candidate who has the support of both the Harvey Milk Club and the Alice B. Toklas Club?

It’s baffled — and infuriated — longtime queer activist Cleve Jones, who is a Herrera supporter. “I have long respected the Victory Fund,” Jones told us. “But I’ve never seen them do what they did here. And it’s going to undermine the fund’s credibility.”

Jones dashed off an angry letter to the fund’s president, Chuck Wolfe, saying he was “appalled that this scurrilous attack, in the waning days of a mayoral campaign, would go out to the San Francisco electorate under the name of the Victory Fund.

“You really screwed up, Chuck, and I am not alone in my anger.”

We couldn’t get Wolfe on the phone, but the fund’s vice president for communications, Denis Dison, told us that the mailer “is all about fighting for our endorsed candidates.”

So how does it help Dufty, in a ranked-choice election, to attack Herrera? (In fact, given the dynamics of this election, the person it helps most is probably Mayor Ed Lee). Dison couldn’t explain. Nor would he say who at the fund decided to do the attack mailer.

But there are a couple of interesting connections that might help explain what’s going on. For starters, Joyce Newstat, a political consultant who is working for the Dufty campaign, is active in the Victory Fund, sits on the board of the fund’s Leadership Institute, and, according to a March 24 article in the Bay Area Reporter, was among those active in helping Dufty win the Victory Fund endorsement.

But again: Supporting Dufty is one thing. Attacking Herrera is another. Who would want to do that?

Well, if there’s one single constituency in the city that would like to sink Herrera, it’s Pacific Gas and Electric Co. And guess what? PG&E Governmental Affairs Manager Brandon Hernandez chairs the Victory Fund’s Leadership Institute. PG&E’s corporate logo appears on the front page of the fund’s website, and the company gave the Victory Fund more than $50,000 in 2010, according to the fund’s annual report.

Dison insisted that neither Hernadez nor anyone else from PG&E was involved in making the decision to hit Herrera and said the money went to the Leadership Institute, which trains LGBT candidates, not directly to the campaign fund.

Maybe so –- but the folks at the private utility, who are among the top three corporate donors to the Victory Fund, have to be happy. (Tim Redmond)

 

 

HERRERA HIT BACKFIRES

Herrera was also the target of another attack on his LGBT credentials last week, this one by the San Francisco Chronicle, which ran a front page story on Oct. 26 in which anonymous sources said he raised doubts in private City Hall meetings about San Francisco’s decision to issue same-sex marriage licenses in 2004. It was entitled, “Fight turns ugly to win gay votes in mayor’s race.”

Despite trying to couch the hit in passive language, writing that ” a surprise issue has emerged” based on accusations “leveled by several members of former Mayor Gavin Newsom’s administration,” it was clear that it was the Chron that made it an issue, for which the newspaper was denounced by leaders of the LGBT community from across the political spectrum at a rally the next day.

“Those who are saying this now anonymously are as cowardly as Dennis and Gavin were courageous back then,” said Deputy City Attorney Theresa Stewart, the lead attorney who defended San Francisco’s decision in 2004 to unilaterally issue marriage licenses to same-sax couples, in defiance of state and federal law, which eventually led to the legalizing of such unions. “We can’t have our community turn on us for petty political gain.”

“WTF, Chronicle?” was how Assemblymember Tom Ammiano began his speech, going on to lay blame for the attack on surrogates for Mayor Ed Lee. Ammiano also called out the mayor for campaign finance violations by his supporters, for undermining the Healthy San Francisco program that was created by Ammiano’s legislation, and for repeatedly ordering police raids on the OccupySF encampment.

“How about some fucking leadership?!” Ammiano said.

Cleve Jones, an early gay rights leader who marched with Harvey Milk, also denounced Lee and his supporters for cronyism, vote tampering, money laundering, and the “fake grassroots” efforts of the various well-funded independent expenditure campaigns, which he said have fooled the Chronicle.

“To the Chronicle and that reporter — really? — this is what you do two weeks before the election? You should be ashamed of yourself,” Jones said. “How stupid do you think we are?”

Yet Chronicle City Editor Audrey Cooper defended the article. “Clearly, I disagree [with the criticisms],” she told the Guardian. “I personally vetted every one of the sources and I’m confident everything we printed is true.” She also tried to cast the article as something other than a political attack, saying it was about an issue of interest to the LGBT community, but no LGBT leaders have stepped up to defend the paper.

Beyond criticizing the obvious political motivations behind the attack, speakers at the rally called the article bad journalism and said it was simply untrue to suggest that Herrera didn’t strongly support the effort to legalize same-sex marriage from the beginning.

“I can tell you that Dennis never once shrank from this fight. I was there, I know,” Stewart said, calling Herrera “a straight ally who’s devoted his heart and soul to this community.”

Sen. Mark Leno, who introduced the first bill legalizing same-sex marriage to clear the Legislature, emphasized that he isn’t endorsing any candidates for mayor and that he didn’t want to comment on the details of the article’s allegations. But he noted that even within the LGBT community, there were differences of opinion over the right timing and tactics for pushing the issue, and that Herrera has been a leader of the fight for marriage equality since the beginning.

“I am here to speak in defense of the character and integrity of our city attorney, Dennis Herrera,” Leno said, later adding, “I do not appreciate when the battle for our civil rights is used as a political football in the waning days of an election.”

Molly McKay, one of the original plaintiffs in the civil lawsuit that followed San Francisco’s actions, teared up as she described the ups and downs that the case took, working closely with Herrera throughout. “But this is one of the strangest twists I can imagine,” she said of the attack by the Chronicle and its anonymous sources. “It’s ridiculous and despicable.”

Representatives for both the progressive Harvey Milk LGBT Democratic Club and fiscally conservative Alice B. Toklas LGBT Democratic Club also took to the microphone together, both saying they often disagree on issues, but they were each denouncing the attack and have both endorsed Herrera, largely because of his strong advocacy for the LGBT community.

Sup. Scott Wiener called Herrera, “One of the greatest straight allies we’ve every had as a community.”

When Herrera finally took the microphone, he thanked mayoral opponents Joanne Rees and Jeff Adachi for showing up at the event to help denounce the attack and said, “This is bigger than the mayor’s race. It’s bigger than me.”

He criticized those who would trivialize this issue for petty political gain and said, “It was my pleasure and honor to have been a part of this battle from the beginning — from the beginning — and I’ll be there in the end.” (Steven T. Jones)

 

 

BUYING REFORM

UPDATE: THIS ITEM HAS BEEN CHANGED FROM THE PRINT VERSION TO CORRECT INACCURATE INFORMATION DEALING WITH WHETHER PAST INIATIVES CAN BE CHANGED

October yielded tremendous financial contributions from real estate investors and interest groups for Yes on E, feeding fears that the measure will be used to target rent control and development standards in San Francisco.

Sup. Scott Wiener has been the biggest proponent for Prop E since May 2011. He argues that the Board of Supervisors should be able to change or repeal voter-approved ballot measures years after they become law, saying that voters are hampered with too many issues on the ballot. Leaving the complex issues to city officials rather than the voters, makes the most sense of this “common sense measure”, Wiener calls it.

But how democratic is a board that can change laws approved by voters? Calvin Welch, a longtime progressive and housing activist, has his own theory: Wiener is targeting certain landlord and tenant issues that build on the body of laws that began in 1978, when San Francisco voters first started adopting rent control and tenants protection measures. Yet the measure will only allow the board to change initiatives approved after January 2012.

“That is what the agenda is all about — roughly 30 measures that deal with rent control and growth control,” he said. Critics say  the measure will leave progressive reforms vulnerable to a board heavily influence by big-money interests. Although Wiener denies Prop E is an attack on tenants, who make up about two-thirds of San Franciscans, the late financial support for the measure is coming from the same downtown villains that tenant and progressive groups fight just about every election cycle. High-roller donations are coming straight from the housing sector, which would love a second chance after losing at the ballot box.

Contributions to Yes on E include $15,000 from Committee on Jobs Government Reform Fund, $10,000 from Building Owners and Managers Association of SF PAC, another $10,000 from high-tech billionaire Ron Conway, and $2,500 from Shorenstein Realty Services LP. Then — on Oct. 28, after the deadline for final pre-election campaign reporting — the San Francisco Association of Realtors made a late contribution of another $18,772, given through the front group Coalition for Sensible Government.

Prop. E is organized so that the first three years, an initiative cannot be subject to review. However after four years, a two-thirds majority vote by the board could make changes, and after sevens years, a simple majority could do so.

 (Christine Deakers)

The America’s cup confusion

19

If the sponsors (and city officials) are right, the America’s Cup is going to be a huge event, attracting hundreds of thousands of spectators, many of whom will want to be on the San Francisco waterfront to watch. But it’s never been clear to me exactly how that’s going to work — how are all those (rich) people who are used to getting around in limos going to travel from their downtown hotels to the viewing areas? If the city wanted to do this right, we should close down the Embarcadero and some of the feeder streets to all vehicles (except ambulances — always needed when rich old people get excited) and force everyone to travel by pedicab. Buy up a fleet of several hundred of the human-powered vehicles and let all the unemployed teenagers get a shot at driving them. Job creation for youth; environmentally sound transportation; potentially fun bumper-car action with well-heeled patrons screaming in fear.


Remember: The f-line, even with improvements, can’t possibly handle the necessary traffic. And the AC types aren’t going to ride the train anyway. No way private cars can all fit without massive gridlock.


So: Pedicabs. My suggestion.


In the meantime, there’s this little problem of 8 Washington.


See, the developer of what would be the city’s most expensive condos ever is planning on excavating 110,000 cubic yards of soil for a massive underground parking garage — right along the Embarcadero, and right during the America’s Cup events. The Draft Environmental Impact Report for 8 Washington indicates that the dump trucks (about 20 big trucks per day, and possibly a lot more) would be using that roadway to get to 101 or 280.


Actually, if activist Brad Paul is correct, there’s no way the developer can excavate that much dirt in the time frame that it’s supposed to happen unless the number of trucks is closer to 300 a day. Imagine all of that happening while 100,000 people are trying to get to the waterfront to watch the show. Oh, and according to the DEIR for the America’s Cup, the Embarcadero will be CLOSED during that period.


The fact is, the 8 Washington project is not only a terrible idea (just what the city needs — more condos for mega-millionaires) but would directly screw up the whole America’s Cup effort. And the amazing thing is that the AC people and the Mayor’s Office don’t seem to be paying attention.


Paul has put together a lengthy critique of the whole mess that makes great reading if you’re into this sort of thing. So I thought I’d just post it all here. Warning: It’s long. Enjoy.


August 15, 2011                                                                                                         


Bill Wycko
Environmental Review Officer
San Francisco Planning Department
1650 Mission Street, Suite 400
San Francisco, CA  94103


Re: COMMENTS ON DRAFT EIR FOR 8 WASHINGTON STREET/
SEAWALL LOT 351 PROJECT    
Case No. 2007.0030E


Dear Mr. Wycko:


I am writing to my provide my comments on the Draft Environmental Impact Report (“DEIR”) for this project, a document that is incomplete, inadequate and in places quite misleading. I’ve organized my comments in sections beginning with a detailed discussion of how the project’s construction schedule has been greatly underestimated. This is followed by discussions of the DEIR’s failure to address key Housing and Population issues, misstatements regarding historic obligations related to Golden Gateway, comments on recreation issues, and more.  In general, I believe the DEIR fails to present objective information and analysis, it omits a number of relevant issues that are critical to the ability of public officials to make objective and informed decisions about the project and it is filled with judgments and assertions that are not supported by facts.


The DEIR is incomplete and inadequate in the following areas:


I. THE DEIR CONSTRUCTION SCHEDULE FOR 8 WASHINGTON IS BOTH INACCURATE AND MISLEADING.


The DEIR construction schedule is based on overly optimistic assumptions that are totally unrealistic; the ramifications of these erroneous assumptions need to be carefully considered as they will cascade throughout the project requiring major revisions to the DEIR before it can be considered accurate and complete.


At the bottom of page II.19 it states:
 
      Project construction, including demolitions, site and foundation work,
      construction of the parking garage, and construction of the buildings,
      would take 27-29 months. Assuming that construction would begin in 2012,   
      the buildings would be ready for occupancy in 2014. The first phase of the
      construction would take about 16 months and would include demolition       
     (2 months), excavation and shoring (7 months), and foundation and below
      grade construction work (7 months).


While the DEIR unequivocally states the project will take 27-29 months to construct, from 2012 to 2014, facts provided elsewhere in the DEIR together with current city policies,  the City’s America’s Cup Host and Venue Agreement and basic math indicate that this schedule is not tenable. The remainder of this section provides the data and analysis that lead to the conclusion that construction of 8 Washington will take much longer than 27-29 months, almost TWICE AS LONG, with excavation taking 2.5 to 3 TIMES longer.  


 


Table 1: Requested Changes to the overall DEIR construction schedule


          ACTIVITY             MINIMUM           MAXIMUM


    DEIR’s construction schedule: 27 months    to    29 months  


    Actual excavation schedule:  18 months           22 months
    — DEIR estimate for excavation – 7 months            – 7 months
    + Increased excavation time  11 months      to       15 months 
    + Archeology delays                .5 months      to         2 months
    +  America’s Cup delays                  2.5 months       to         5 months
    +  Weather delays                        .25 months      to         1 months


   ACTUAL CONSTRUCTION TIME 41 months       to      52 months



 
To refute the numbers in Table 1, project sponsors must present additional, verifiable data supporting their unrealistic assumptions, beginning with the claim that the first phase of construction takes 16 months with a mere seven months allocated for excavation/shoring.


A. The DEIR fails to accurately ascertain and analyze the excavation/shoring schedule.


The DEIR states on page II.20 that “approximately 110,000 cubic yards of soil” will be excavated from the site for an underground garage (approximately 90,000 cubic yards) and other foundation work during the seven (7) month “excavation” portion of the projected timeline. It later states excavation will take place 6.5 hours per day with an average of 20 truck trips per day (pg.IV.D.31). Assuming the average dump truck holds 12 cubic yards of dirt (typical payload for a dump truck), that would mean:


      · 110,000 cu. yards/12 cubic yards per truck = 9,166 truck trips


      · 20 trucks/day X 12 cubic yards/trip = an average of 240 cu. yards/day


      · 110,000 cu. yards/240 cu. yards per day = 458 working days for this task


Could this task be completed in seven (7) months as claimed in the DEIR?  NO.


     ·5 working days per week X 52 weeks = 260 working days per year
             – 11 holidays per year
                   249  total working days/year
   


     ·458 days to finish task/249 working days per year = 22 months  (not 7)
     
For this to take 7 months as the DEIR asserts, the following would have to be true:


   · 20 trucks/day X 7 months (145 working days ) = 2,900 total truck trips


   · 110,000 cu. yards/2,900 trucks = each truck must average 38 cubic yards/trip
Empirical evidence exists, however, proving the DEIR’s claim that the excavation portion of the schedule will take seven months is inaccurate and misleading:



             
        CASE STUDY #1: San Francisco General Hospital Rebuild Project


A recent SF General Hospital (SFGH) Newsletter reports the hospital’s contractor just finished hauling 120,000 cu. yards of dirt from the 45’ deep hole that was dug to build two basement levels and the foundation for a new hospital building. This is as close as anyone is likely to get to replicating what 8 Washington proposes, a three level 40’ deep underground garage accounting for most of the 110,000 cubic yards of dirt that must be removed from the site. 


A call to the SFGH Rebuild office revealed their excavation process took seven (7) months with an average truck load of 13 cu. yards per trip. How was that possible?


“The average truck load was 13 cubic yards. Some days we had
over 300 truck loads hauled in one day. This volume was possible
through use of a paved drive that allowed trucks to enter the side, be
loaded up then tires washed to prevent dirt on road causing storm-            
water pollution and dust.”


The SF General site is just a few blocks from U.S. 101 with direct access via Potrero Ave., thus minimizing potential traffic conflicts. The 8 Washington site will require driving long distances on city streets including “The Embarcadero, Harrison Street, and King Street… likely the primary haul and access routes to and from I-80, U.S. 101, and I-280 (pg. IV.D.31).” Imagine 300 trips a day on one of these streets.


 


        
               CASE STUDY #2: SF PUC’s New Hetch Hetchy Reservoir Tunnel


A recent Oakland Tribune story (4/8/11) describes construction of a new 3.5-mile tunnel designed to protect the water supply from SF’s Hetch Hetchy reservoir from major earthquakes by boring a 2nd, state-of-the-art tunnel from Sunol to Fremont alongside the existing 81-year-old Irvington Tunnel. The article states:


      “By the time the New Irvington Tunnel is completed in 2014, crews will have
        excavated about 734,000 cubic yards of material—the equivalent of 61,000
        dump-truck trips, said officials with the SF Public Utilities Commission.”


Dividing 734,000 cubic yards of soil by the 61,000 dump truck trips that the PUC says are necessary equals 12 cubic yards per truck trip. Given this job’s overall size and $227 million budget, it would seem to confirm the fact that the most efficient excavation equipment for the 8 Washington site will be 12 cubic yard dump trucks.



In light of these facts and the analysis provided above, the only way 8 Washington could meet its proposed seven (7) month excavation schedule would be to:


a) schedule up to 300 TRUCK TRIPS A DAY, over 10 TIMES the average number of trips per day (20) stated in the DEIR and 3 TIMES the absolute maximum of 100 truck trips per day (pg. IV.D.31)  along the Northeast Embarcadero during a period of time that directly overlaps with the major America’s Cup events and activities, something specifically prohibited by the City’s America’s Cup Host and Venue Agreement ,        


         OR


b) average 38 cubic yards of dirt per truck trip, 3 TIMES the average truck payload of both the PUC’s Irvington Tunnel project and SF General Hospital’s 120,000 cubic yard excavation project—assuming that 38 cubic yard trucks:  a) exist in sufficient quantity in   the Bay Area, b) would be available during that period of time described and c) would be allowed on The Embarcadero, Harrison St., King St., Washington St. and Drumm St. by     the City. [see photo comparison of 12 cubic yard vs. 30 cubic yard trucks below]


Unless the project sponsor can demonstrate that one of these two highly unlikely scenarios is possible, then the EIR must reanalyze a number of impacts (e.g. Land Use, Air Quality, Greenhouse Gases) based on a revised excavation schedule, one that takes 2.5 to 3 TIMES as long as the one described in DEIR to complete excavation work, and this 22 month timeline assumes NO archeological remains are found on site and the City imposes NO stop work orders related to America’s Cup (see below).


This 15-month difference between the excavation period analyzed in the DEIR and the ACTUAL time it will take to complete the excavation (22 months vs. 7 months) is a major deficiency in the DEIR with profound impacts.  For instance, some of the most significant unavoidable negative impacts described in the DEIR involve degraded air quality both during and after construction. Adjusting the environmental analysis to reflect how long excavation will actually take means significant air quality impacts related to excavation (with the greatest detrimental effect on seniors, children and people exercising) will persist for 2.5 to 3 TIMES LONGER than described in the DEIR.  This flaw also requires significant revisions to other sections of the DEIR.


In light of this new information, the next draft of the EIR must contain an analysis of    this longer overall construction period—two months for demolition; a range of 18 to 22 months for excavation (not seven months); a built-in range of time for the shutting down of the site when archeological artifacts are uncovered, documented and extracted (something the DEIR’s archeology consultant states is “likely” ); and the building construction period. Finally, given these overly aggressive excavation schedule estimates, all other estimates for later construction phases must now to be cross checked for accuracy by independent contractors (e.g. not working for 8 Washington developer    or the source of the prior DEIR excavation estimate).


B. The actual construction timeline for 8 Washington will be 41-52 MONTHS. 
If the project sponsors disagree with this assessment, they must provide the Planning Department with much more detailed information on how they expect to achieve a shorter construction period given the restrictions described in the DEIR itself as well as mathematical analysis described above. For instance,


– Did the developers err when they reported that the average number of truck
   trips per day would be 20 as analyzed in the DEIR?  If so, what number do they 
   choose to use now and how does that impact various aspects of the DEIR analysis
   such as air quality, conflicts with pedestrians, MUNI and America’s Cup, etc.. 


– Does the developer plan to raise the limit of truck trips per day from 100 (as
   per the DEIR) to 300 truck trips per day? If so, how often will this happen and 
   how will these changes impact various aspects of the previous EIR analysis (e.g. air
   quality, traffic/transit/pedestrian conflicts, America’s Cup)?


– Does the developer plan to lengthen the average workday or work six days a
   week? If so, how often and how would this impact the previous DEIR analysis?
   NOTE: The DEIR construction schedule (27-29 months) was not predicated on the
   trucks operating 6 days a week EVERY WEEK. But even if the developer ran dump  
   trucks 6 days a week for the ENTIRE excavation period it would still take TWICE AS
   LONG as the DEIR states to remove 110,000 cubic yards of dirt .


– Where is the project sponsor planning to route 100 to 300 trucks a day as they
   leave the site, particularly during the various America’s Cup trials (2012) and
   finals (2013) when vehicular traffic will be severely limited or prohibited?
   Washington Street? The Embarcadero? Drumm Street? Clay Street?, where exactly?


– Have the developers located a source of 30+ cubic yard trucks and secured
   city permission to use them on the specific streets described in the DEIR?
   It seems fair to assume the SF General Hospital’s excavation contractor would have
   done this if it were possible (and the SF PUC’s Irvington Tunnel contractor). See the  
   three photos below to get a sense of the size difference between a typical 12 cubic yard
   dump truck and the type of tractor-trailer rig required to carry 30 cubic yards or more.



As the questions and examples (SF General Hospital) above demonstrate, the DEIR’s claim that 110,000 cubic yards can be excavated in seven months defies the laws of physics and math, not to mention the America’s Cup Host & Venue Agreement between the City and Larry Ellison’s Oracle BMW Racing Team 


 A thorough reading of the DEIR’s Archeology section and the America’s Cup Host and Venue Agreement indicate that additional time must be built into the construction schedule for predictable work stoppages related to both issues.


KNOWN ARCHEOLOGICAL RESOURCES IDENTIFIED ON THIS SITE IN THE DEIR


On page IV.C.12, the DEIR’s archeology consultant, Archeo-Tec, identifies the Gold Rush ship Bethel as located under a portion of the site and states that “If discovered, the Bethel would be the oldest known (and perhaps most intact) archeological example of an early Canadian built ship (Pg. IV.C.3)”. On page IV.C.11, the archeology consultant states “Significant archeological resources are likely to exist at this site”.  The DEIR, goes on to state the proposed project will destroy a portion of city’s original Seawall causing “the largest disturbance of the Old Seawall to date”.


As a result of these DEIR findings, the archeology consultant should now be asked for an estimate of the time required to mitigate the discovery of the Bethel and other likely finds (e.g. original Seawall, other Gold Rush ships, original Chinatown). This “likely” work delay should be built into the construction schedule and stated as a range. For purposes of the matrix below (Table 1) we chose a time of two weeks to two months based on anecdotal information from other similar sites. Archeo-Tec, the archeology consultant, should be able to come up with a more precise estimate.


KNOWN AMERICA’S CUP SCHEDULING CONFLICTS


Based on recent MTA staff presentations on protocols for the America’s Cup, it seems clear that traffic, particularly construction dump trucks, will be banned from Washington Street, Drumm Street and The Embarcadero during major America’s Cup events that include, at a minimum, the America’s Cup World Series warm-up races (July/Sept. 2012), the penultimate Louis Vuitton Cup Series (July/August 2013) and the America’s Cup finals (Sept. 2013).  


This represents a minimum of 2.5 months that must be added to the construction schedule, something the DEIR authors should have included if they had read the America’s Cup DEIR which states there are 9+ weeks of races associated with this event in 2012/2013. The extra few weeks added to the low end range in Table 1 (below) are there to accommodate last minute weather delays and various large non-racing events held along the waterfront that will require closure of The Embarcadero, Washington Street, Drumm Street, etc.


Table 1 below lays out a more credible and realistic construction schedule based on the factors described at length above, taken directly from the DEIR or readily available from the city (e.g. America’s Cup DEIR) and the America’s Cup Host and Venue Agreement.


 
Table 1: Requested Changes to the overall DEIR construction schedule


          ACTIVITY             MINIMUM           MAXIMUM 


    DEIR’s construction schedule: 27 months    to    29 months  


    Actual excavation schedule:  18 months           22 months
    — DEIR estimate for excavation – 7 months            – 7 months
    + Increased excavation time  11 months      to       15 months 
    + Archeology delays                .5 months      to         2 months
    + America’s Cup delays                   2.5 months        to         5 months
    + Weather delays                        .25 months      to         1 months


   ACTUAL CONSTRUCTION TIME 41 months       to      52 months


To refute these numbers, the project sponsors must not only present a verifiable and detailed plan to remove 110,000 cubic yards (9,167 truck trips) in seven months that the City has signed off on but also produce a letter from the City and Oracle BMW Racing granting a waiver from Section 10.4 of the America’s Cup Host and Venue Agreement that would allow 20 to 300 trucks a day to drive along The Embarcadero, Washington Street   or Drumm Street during major America’s Cup events in 2012 and 2013.


D. Significant Transportation and Energy issues that were not addressed in DEIR.


More specific information related to the construction process needs to be provided and analyzed in the EIR, particularly regarding the far reaching impacts of those 9,166 dump truck trips, impacts that go beyond the immediate Northeast Waterfront.


The DEIR states “While the exact routes that construction trucks would use would depend on the location of the available disposal sites, The Embarcadero, Harrison Street, and King Street would likely be the primary haul and access routes to and from I-80, U.S. 101, and I-280”. At a minimum, The EIR needs to include information on where the two or three most likely disposal sites are located, based on recent experience (SF General Hospital excavation) so that one can analyze the extent of potential conflicts on the Bay Bridge or 101 South where other trucks will be transporting dirt to and/or from the Transbay Terminal project, Hunters Point Shipyard, Mission Bay, Treasure Island, etc. Without this information, the City could find itself creating significant traffic conflicts on the Bay Bridge or highway 101 that greatly increase air quality, traffic and transit problems without having analyzed these potential impacts in a flawed EIR.


Simply saying “While the exact routes that construction trucks would use would depend on the location of the available disposal sites” isn’t adequate or acceptable. Assumptions must be made regarding most likely disposal sites and routes to those sites and what additional cumulative impacts these routes (and 9,166 trucks) will create. The EIR must provide a MAP of the route to be used for hauling soil, all the way from the departure point at 8 Washington to the final destination(s) with an explanation of where trucks will drive and what restrictions there are on hours, size of payload, safety, etc. for the various streets, highways and bridges they will travel on. If the options include trucking the soil to San Francisco’s southern waterfront to transfer it to barges, then this needs to be disclosed and analyzed, including the potential routes and destinations of those barges.
In addition, to accurately compare the environmental impacts of the project sponsor’s ‘Preferred Project’ to the “No Project” alternative (energy consumption, traffic impacts, air quality degradation, etc.), one needs to know not only the destination of the approximately 9,166 dump truck trips but also the average miles per gallon of a typical dump truck. For instance, if the final destination for the soil was 100 miles away and a typical dump truck averages 8 miles per gallon of diesel fuel, then:



      9,166 truck trips X 200 miles per round trip = 1,833,200 miles for all dump trucks;


      1,833,200 gallons/8 MPG = 229,150 gallons of diesel fuel that would be burned. 


    
In other words, the city’s choices would be:



     229,150 gallons of diesel fuel used to transfer 110,000 cubic yards 1,833,200 miles


VS.


    ZERO (O) gallons of diesel fuel used if the NO PROJECT alternative were approved.


 


E. Importance of accurate, detailed information re: the construction process.


Given the above discussion, it is clear that the construction schedule set forth in the DEIR is inaccurate at best and has led, in many cases, to the significant understating of major negative impacts associated with this project. The lack of a detailed discussion of some of the key aspects of the construction process, e.g. the route and destination of 9,166 dump trucks, is also highly problematic.


Without a complete and thorough analysis of the impacts of a of an overall construction schedule that is TWICE AS LONG as the one analyzed in this DEIR, city officials will be missing much of the critical information they need to determine whether or not the developer’s ‘Preferred Project’ is necessary, desirable or feasible. A complete and factual analysis of this issue must be included in the next draft of the EIR which, given this and  other major inaccuracies and omissions (see below), should be recirculated in draft form.


 



II. THE DEIR FAILS TO DISCUSS OR ANALYZE ANY CRITICAL HOUSING ISSUES RELEVANT TO 8 WASHINGTON OR UNIQUE ENVIRONMENTAL AND ENERGY IMPACTS THOSE HOUSING ISSUES CREATE. 


A. Impacts of the project on the City’s Housing Needs were Not Analyzed in DEIR.  The DEIR states that potentially significant impacts to Population and Housing will not be discussed because the 2007 NOP/Initial Study found that the proposed project would not adversely affect them. Unfortunately the DEIR lacks the basic information needed to reach such a conclusion and, as we will demonstrate, an objective review of relevant 2008-2011 housing data contradicts this conclusion.


The world, particularly regarding housing, has changed radically since 2007. Relying   on housing and population information from 2007 ignores the financial and housing meltdown of 2008 and is simply indefensible. In addition, back in 2007, the EIR consultants were relying on stale, seven-year-old census data while today they have access to a multitude of fresh 2010 census data. No one can dispute that the housing environment today could not be more unlike the housing environment in 2007.
By relying solely on pre-2008 housing data from the 2007 NOP/Initial Study, this DEIR    lacks any of the basic information needed to conclude that this project would not have adverse effects on Population and Housing and must now revisit and thoroughly analyze these issues.


B. The DEIR fails to analyze how the type and price of housing proposed for
8 Washington determines whether or not it meets the city’s housing needs.


One of the project objectives (Pg II.14) is to “help meet projected City housing
needs.” How is that possible, given the fact that the developer has publicly stated
that these will be “the most expensive condominiums in the history of SF” ? With a
$345,000,000 project cost , 8 Washington’s 165 units will cost $2.0 million a unit
just to build . To secure financing and a ‘reasonable’ profit, each unit will have to
sell for $2.5-$5 million with penthouses selling for $8-$10 million.


Nowhere in the DEIR is ANY of this discussed. There is no analysis of how these
very high sales prices will determine who lives at 8 Washington (e.g. how many San
Francisco families could afford these prices?) and how the incomes of these new
residents ($250,000 to over $1 million/year) will dramatically change a number of
the environmental impacts of the project, with major implications for sustainability
and energy use, among other things.


The final EIR must state the average cost to build each unit and the range of
sales prices expected so that public officials can assess for themselves whether
the proposed condos will or will not  “help meet projected City housing needs.” 


The 2009 Housing Element, signed into law by Mayor Ed Lee on June 29, 2011, states that 61% of the housing need in San Francisco is for below-market-rate housing—serving families making 30-120% of Area Median Income (AMI), and only 39% of the city’s housing need is for market rate housing (120% to 500+% AMI).


As Planning staff and Commissioners know from their Housing Element discussions, the luxury condos proposed for this project are so expensive they will not help the city meet its current unmet housing needs. If this project objective (Pg II.14) is left in the final EIR, it should include a note explaining that the project, as proposed, is unlikely to meet this objective for the following reasons:


Condominiums selling for $2.5 million and more fall into the one segment of the city’s housing market that is currently overbuilt and has historically been over represented in relation to the state’s Regional Housing Needs Allocation (RHNA) goals that underpin the updated 2009 Housing Element of the city’s General Plan. An ABAG report on housing needs vs. housing production in SF (1999-2006) that came out in 2007—a report that should have informed the 2007 NOP/Initial Study for 8 Washington—states RHNA Allocations (Goal), Permits Issued (Permitted) and % of Allocation Permitted (% of RHNA Goal) by income category as follows:



Table 2: SF Housing Production (1999-2006)*


Housing Type  Very Low    Low              Moderate       Market Rate 
by Income    Income Income  Income           Housing
____________________________________________________________________________________________________________
  % of AMI:    21-50%  51-80%  81-120%         120-500+%
  Annual income: [21-50K] [57-81K] [85-123K]   [123K-$1million+]
———————————————————————————————————-
·RHNA Goal (units)   5,244       2,126   5,639                7,363


·Permitted    4,203       1,101      661                        11,474


·% of RHNA Goal     80%      52%       12%             156%


        * from a 2007 ABAG report entitled: A Place to Call Home



A chart like this, showing housing goals by income group (based on RHNA numbers from the State Office of Housing and Community Development), must be included in the DEIR so public officials can analyze what portion of the city’s unmet affordable and middle income housing needs, if any, the proposed project would meet. It illustrates something local housing experts have long known, that the city consistently comes in well above its RHNA goals for market rate condos, and has historically fallen short of its goals in all other categories for affordable housing, the housing that serves the 61% of San Franciscans that cannot afford ‘market rate’ housing.
C. Dramatic changes to the San Francisco housing market since the 2007 NOP/ Initial Study were not acknowledged and analyzed in the DEIR. All the traditional (pre-2007) sources of funding for the city’s affordable housing programs have dried up since the 2008 housing crash. Redevelopment tax increment funds will either be significantly reduced to pay the state to avoid closure of the SF Redevelopment Agency, or they will be eliminated altogether. Proceeds from the state’s $2.8 billion Affordable Housing Bond (Prop. 1C) are all spent. The federal Low Income Housing Tax Credit, a major source of funding for affordable housing, is under attack by House and Senate Republicans and may not survive.


This indicates that San Francisco won’t come close to meeting its pre-2007 affordable housing production levels  until we find a new permanent local source of funding for affordable housing. How long will that take? The DEIR must address this issue.


Another chart that must be included in the DEIR shows the city’s RHNA goals by income category combined with a summary of a recent SF Business Times (6/24/2011) chart showing all San Francisco residential projects under construction, permitted or  in the planning pipeline . Such a chart would look something like Table 3 below:


Table 3: Where does the city need help in meeting its RHNA goals?


          Extremely Low       Very Low            Low             Moderate          Market Rate   
                 Income          Income           Income            Income               Housing
         Below 30% AMI          31-50%            51-80%           81-120%              120-500+% 
      [21K-30K]         [35K-50]        [57K-81K]      [85K-120K]        [120K-$1M+]
____________________________________________________________________________________________________________


RHNA      439/yr.                   439/yr.           738/yr.            901/yr.                    1,632/yr.
Goals:      10.5%        +          10.5%      +      18%        +     22%  =  61%           39%
# of units                    of total        of total
% of goal
                             All Affordable Categories Combined            Market Rate_


Underway:          470 units                 1,557 units


Approved:                  8,751 units             30,878 units


In Pipeline:                   780 units                     4,184 units 
________________________________________________________________________
                          10,000 units             36,619 units 
            or                     or
          21.5% of all units                 78.5% of all units


                        56% of RHNA goals                                300% of RHNA goal
                in all affordable categories                        in market rate category
Some version of Table 3 must be included in the revised DEIR to help public officials determine whether the significant negative environmental impacts this project creates are outweighed by the ‘need’ for the type of housing that 8 Washington provides given the priorities set forth in the Housing Element of the General Plan and what the above-mentioned SF Business Times chart tells us about likely housing production for each segment of the city’s housing needs (from 2011-2014). 


Table 3 demonstrates that in a few years, if nothing changes, the city will have approved and built out 300% of its RHNA goal for Market Rate projects (such as 8 Washington) but only 56% of its RHNA goals for all other housing that serves San Franciscans making 30% AMI to 120% AMI. But given what we now know about the current lack of funding for affordable housing, the exact opposite of what was true in 2007 (when the city had significant amounts of Redevelopment tax increment and other affordable housing funds), many of the affordable housing projects listed by the Business Times are now on hold and unlikely to come on line by 2014. This means the mismatch between market rate (39% of need but 300% of production) and all categories of affordable will be even greater than Table 3 indicates.


To be fair, one could argue that some of the market rate housing on the Business Times chart may not be built soon either given that banks have been reluctant to lend money lately. However, a recent article in the SF Chronicle (8/11/11) entitled “Rents Go Through Roof” indicates that the city’s housing market is roaring back; Dennis Robal, property manager with Chandler Properties, reports “Noe Valley apartments that were $2,000 a month a year ago are now going for $2,400”. These kinds of increases, driven by new renters from the tech sector, are prompting major increases in investments by financial institutions in new rental housing.


Regarding the condo market, the one group of potential condominium buyers that
have not suffered financially from the economic meltdown are the very people who
caused it, the Wall Street investors, derivatives specialists, hedge fund managers,
etc. who are now making record salaries and bonuses. These are some of the people
8 Washington will be marketing to because they have the cash to spend $2.5-$10
million on a second, third or fourth home in San Francisco.


NONE of this housing analysis appears in the DEIR yet including it in the DEIR is
critical to the ability of public officials to make informed, rational decisions on this
project, particularly claims by the developer that this project will “help meet
projected City housing needs”. The information and analysis described above is
necessary to allow city officials and all readers to determine accurately and
objectively what portion of San Francisco’s unmet affordable and middle income
housing needs, if any, 8 Washington would meet.


Each year, as the City assesses how well it is meeting its RHNA (state) housing goals, the one area that has consistently over produced is high-end market rate housing affordable to people making $250,000 to $1 million+ a year.
How does building second, third and fourth homes for this demographic “help the city meet its housing needs?”


The unmet housing needs in San Francisco are for people making from 30%-50% of median income all the way up to 100-120%, not people making $250,000 to $1,000,000+ a year (200-500% or more of area median income). The DEIR needs to discuss the following questions to be considered complete, adequate and accurate, questions such as:


How does this project relate to the objectives, policies and goals of San Francisco’s recently enacted 2009 Housing Element of the General Plan?


What portion of San Francisco’s affordable and middle-income housing needs will this proposed project actually meet?


How many other projects under construction, approved or in the pipeline (see June 24,
2011 SF Business Times chart) will meet the needs of San Franciscans who can afford market rate housing vs. those that meet the needs of  the 61% of SF residents needing below market housing?


What percentage of “residents” of these condos will be using this housing as their primary residence vs. as second, third and fourth vacation homes?


Given that numerous studies show transit use goes down as income goes up,
how likely is it that these new owners will use public transit?


Again, the answer to each of these questions provides critical information that public
officials need to assess for themselves whether the proposed condos will or will
not “help meet the projected City housing needs.” 


Everything that’s happened since the 2008 economic/housing meltdown has made our housing problems worse, something the DEIR doesn’t attempt to analyze, arguing instead that a 2007 NOP/Initial Study—competed a year before the housing bubble burst—absolves it of all such responsibility, an argument that is factually absurd.


D. The DEIR fails to acknowledge, measure or analyze the unique environmental impacts generated by owners who can pay $2.5 to $10 million for luxury condos.


Building housing for this demographic has measurable impacts on transit and energy use that were not included in the DEIR. We know from national studies that low-and middle- income residents are far greater consumers of public transit than people with higher incomes. Imagine how much different public transit use will be when this inverse relationship includes people who can afford $2.5-10 million condos that come with             1-for-1 parking (costing almost $100,000 a space to build).


But a far greater environmental impact than driving private cars was not addressed in this DEIR, an impact resulting from lifestyle differences one can anticipate with some members of this highest of high-end demographics: owning and/or using private jets.


It’s reasonable to assume that five of the 165 condo buyers at 8 Washington (just 3% of   all buyers) are Wall Street hedge fund managers, derivatives traders or venture capitalists using these condos as second, third or fourth homes. It’s also reasonable to assume that these five buyers will use their condos 1.5 times a month on average and commute to and from SF aboard private business jets, a perfectly rational assumption for Wall Street executives making tens of millions in salary and bonuses each year. Why would they fly private jets rather than take Southwest…because they can. The fact that a handful of  people that are this wealthy will buy units at 8 Washington must be factored into any environmental analysis of a project that will explicitly market to this high-end demographic. That analysis must include, among others, the following:


 
                           Table 4: The Jet Fuel Burn Rate for Luxury Condominiums
___________________________________________________________________________
Mid to large size business jets used to fly cross country (e.g. Hawker 800XP, Gulfstream G2/G3, Bombardier Global Express) average 400 gallons of jet fuel per hour and take six hours to fly New York to SF and five hours to fly back for an 11 hour round trip  :


     · 11 hours X 400 gallons per hour = 4,400 gallons of jet fuel per trip
          a typical family car burns 1,200 gallons of gas per year so one flight from
          NYC to SF equals almost four years of driving a typical family car.
               ————————————————————————————————————————————————————————————————————-
       
        ·  1.5 trips/mo. = 6,600 gallons/mo. X 12 mo. = 79,200 gallons of jet fuel/year


        ————————————————————————————————————————————————————————————————————-
Using our example of 5 residents, the numbers over one year and 20 years are:


        ·  5 X 79,200 gallons/per year = 396,000 GALLONS OF JET FUEL A YEAR or
         equivalent to driving a family car 330 years, A THIRD OF A MILENNIUM, per year.


        ·  396,000 gallons/year X 20 years = 7,920,000 GALLONS of jet fuel in 20 years
         equivalent to driving family car 6,600 years, OVER 6 MILLENIUM, in 20 years.



Given these condos cost $2+ million to build and will sell for $2.5 to $8 million or more,    it seems quite reasonable to assume a mere 3% of these buyers—just five (5) buyers out of 165 —will be part-time residents wealthy enough to commute to San Francisco by business jet. If this is a reasonable assumption , then the DEIR must include the mathematical calculations above to show the true energy costs of this project. In fact, it would also be reasonable to assume a few other buyers will use private business jets to commute from LA, San Diego, Denver, etc. The only way to prevent this, forbidding buyers to own or use corporate jets, is of course impossible.
This is just one example of how housing prices—and who lives in that housing—greatly changes environmental impacts and why this analysis must be included in the DEIR for    8 Washington. As condo prices reach $2.5-10 million, it’s reasonable to assume a number of buyers will use them as a second, third or fourth homes and that some of those buyers will travel here by jet, not car or public transit. On the other hand, if units at 8 Washington were affordable or market rate rental or affordable-by-design condos (80%-150% AMI), it’s very unlikely any of its residents would own or use business jets. Price does matter with regard to energy consumption and transit use.


Given these facts, the 8 Washington DEIR must analyze such questions as:


How many solar panels do you need to make up for 396,000 gallons of jet fuel per year?


How many low flow toilets make up for 396,000 gallons of jet fuel per year?


How many double pane windows make up for 396,000 gallons of jet fuel per year?


How many on-demand hot water heaters make up for 396,000 gallons of jet fuel per year?


Looking at the longer term impacts of this excessive consumption of energy resources:


How many solar panels compensate for 7,920,000  gallons of jet fuel over 20 years?


How many low flow toilets make up for 7,920,000 gallons of jet fuel over 20 years?


How many double pane windows make up for 7,920,000 gallons of jet fuel over 20 years?


How many on demand water heaters make up for 7,920,000 gallons of jet fuel over 20 years?


Having this information in the DEIR is necessary for the Planning Commissioners or Board of Supervisors to make informed decisions about 8 Washington, especially when the project sponsor keeps touting it as state-of-the-art, sustainable, LEED certified (at Gold or Platinum level), etc. When added to the project sponsor’s insistence on building a 420-car underground (below sea level) garage, one has to question how one can call this a model of sustainable development or let the DEIR include sustainability as a project objective.


Unless the DEIR seriously and objectively addresses questions of how the price of housing and who lives in that housing impacts environmental sustainability, we risk creating a backlash against things like LEED certification and terms like “sustainability”. They could easily become just another example of slick marketing and “greenwashing”. Everyone agrees that building 10,000 s.f. McMansions in the Sierra Foothills on 2-acre lots—even if they’re LEED certified at the highest level—is NOT sustainable development. Why is it any less absurd to use “green” and “sustainable” to describe $2.5-$10 million condos built as second and third homes for extremely wealthy part-time residents, some of whom commute from their primary residence by private jet?


The DEIR must provide public officials with the data and information they need to analyze all the significant impacts that units this expensive have on the environment. With this information, decision makers might choose to require a much smaller garage or no garage at all (insisting on more efficient use of nearby existing garages). They might also choose to support a much smaller project or no project at all, based on the lack of demonstrable need for this housing type and all the other negative impacts described above. But they cannot make any of these decisions in a rational and objective manner without all the facts, many of which are missing from this DEIR.


E. The DEIR confuses project “objectives” with city mandated requirements with regard to Inclusionary Housing, then fails to discuss any of the relevant issues around this city policy.


The project objective (Pg II.14) that talks about the project’s ability “to help meet
projected City housing needs” reads in full:


 “To develop a high-quality, sustainable and economically feasible
   high-density, primarily residential, project within the existing
   density designation for the site, in order to help meet projected
   City housing needs and satisfy the City’s inclusionary affordable
         housing requirement;” 


Satisfying the city’s inclusionary affordable housing requirement, for this or any market  rate housing development, IS NOT an Objective, and stating it as such is misleading. It is,  in fact, legally mandated by city ordinance. The developer doesn’t have a choice in the matter and it should be stricken from this Objective. However, this reference to inclusionary housing leads one to ask several questions that are never addressed in the DEIR but should be. An Inclusionary Housing section must be added that answers questions such as:


What are the specific requirements for including permanent below market rate (BMR) units in all market rate projects and how many would be required on-site for this one?


Did the developer ever consider building on-site BMR units and if not, why not?


If the developer did consider and reject on-site BMR units, why?


If the developer has decided to pay the in-lieu affordable housing fee, what would it be and how and where (e.g. within a 1-mile radius of the project) would it be spent?


Given that the in-lieu fee charged developers to buy out of providing BMR units on-site is based on construction costs and sales prices for “average” condos, how will the extraordinarily high construction costs and sales prices for these condos impact the in-lieu fee? If it doesn’t impact the fee, would an appropriate mitigation measure be amending the Inclusionary Housing policy so that it does?


Mentioning the inclusionary requirement as part of an objective stating that the project seeks to “help meet projected City housing needs” is misleading and inaccurate. It tries to infer that the funding for 30 affordable units provided by the developer’s inclusionary requirement is helping to meet this objective when, in fact, relying on inclusionary payments to advance the city’s affordable housing goals will only drive the city further   out of compliance with its state mandated RHNA goals. The following example clearly demonstrates the validity of this claim:


TNDC’s proposed affordable family apartment project at Eddy and Taylor Streets is typical of the projects now stalled in the city’s affordable housing pipeline due to the lack of affordable housing funding from traditional sources. But the Eddy and Taylor project is a 150 unit development, not 30 units. For it to go forward, you would need the inclusionary housing funds from FIVE market rate projects like 8 Washington. What would that do to San Francisco’s RHNA goals:


         If:  165 market rate units are needed to fund 30 affordable units,
  Then:   825 market units (5X) are needed to fund 150 affordable units (975 total units).
      
         If:  out of a every 975 new housing units, 825 are market rate & 150 are affordable,
   Then:  for each new 975 units built in SF: 85% are market rate, 15% affordable.


But the 2009 Housing Element of San Francisco’s General Plan (based on the state RHNA goals) calls for 39% OF NEW HOUSING TO BE MARKET RATE (NOT 85%). Relying on Inclusionary Housing off-site payments to fund affordable housing clearly runs counter to the housing production goals set forth in the 2009 Housing Element in the General Plan as well as the RHNA goals for San Francisco established by the state of California. Furthermore, as SB375 Sustainable Development funding criteria begins influencing state funding decisions, by driving our RHNA numbers toward 85% market rate, projects like 8 Washington could jeopardize San Francisco’s ability to apply for and receive state and federal infrastructure and transit funding.


The only way to bring San Francisco’s housing production numbers back into line with the goals in the Housing Element (and RHNA numbers) is to create a new local permanent and dedicated source of funding for affordable housing. These relevant facts regarding the impacts of inclusionary housing must be included in the DEIR.



III. THE DEIR IGNORES THE GENTRIFICATION/DISPLACEMENT IMPACTS OF THIS PROJECT THAT WILL RESULT IN THE LOSS OF HUNDREDS OF RENT CONTROLLED UNITS IN THE GOLDEN GATEWAY BY ENCOURAGING THE FURTHER HOTELIZATION OF ITS 1,200 RENTAL APARTMENTS


The other ‘partner’ in this project is Timothy Foo, who bought Golden Gateway from Perini Corp. about 20 years ago. Only 20% of the 8 Washington site is on Port land, while 80% of the site is on land owned by Mr. Foo and currently occupied by Golden Gateway’s community recreation center. However, Mr. Foo’s only mention in the DEIR is in a footnote to the first sentence of the Introduction which states: “On January 3, 2007, an environmental evaluation application (EE application) was filed by San Francisco Waterfront Partners II (the “project sponsor”) on behalf of the Golden Gateway Center*”. That footnote says “*Golden Gateway Center, Authorization Letter from Timothy Foo, December 27, 2006”).


In addition to violating the original Golden Gateway development agreement that required Perini (and future owners) to preserve the recreation center in exchange for deep discounts in land prices charged by Redevelopment, for some time now Mr. Foo has also been converting rent controlled apartments in the Golden Gateway to short term rental use (e.g. on one floor of a high-rise tower, a third of the units are rented this way). These conversions have been documented by the Golden Gateway Tenants Association, the Affordable Housing Alliance and the San Francisco Tenants Union. While such conversions are not unique to the Golden Gateway Center (see attached Bay Citizen article), they are illegal and violate city zoning, rent control and apartment conversion ordinances.


The DEIR must address this issue by posing the following questions to Mr. Foo and incorporating his answers into the DEIR. He must provide this information because as the owner of 80% of the underlying land that comprises the 8 Washington site, he has had and continues to have a direct financial stake in this project. He must be asked the following questions:


How many of Golden Gateway’s 1,200 rental apartments are currently being used as hotel rooms and/or short-term rentals and/or rented to persons other than those using them as primary residences or directly related to the person residing there (e.g. corporations, business organizations, apartment brokers).


Has Mr. Foo consulted with either the Rent Board or the Planning Department as to the legality of his use of apartments in Golden Gateway as hotel rooms or short-term rentals under applicable city zoning codes, the San Francisco Rent Control ordinance or the city’s Apartment Conversion Ordinance?


Upon receiving and analyzing this information from Mr. Foo, the DEIR must then answer the following questions:


Is the ‘hotelization’ of Golden Gateway and other large apartment complexes likely to increase with the approval of 8 Washington, a development that:


a) builds 165 high-end luxury condos ($2.5 – $10 million each)
 on Mr. Foo’s property—creating a much more upscale
environment adjacent to his Golden Gateway apartments;


b) provides Mr. Foo with $10-15 million (what he’s likely to
be paid for his 80% of the site) that can be used to upgrade
his rent controlled apartments at Golden Gateway in order                             to attract even more higher paying hotel users; and


c) if no mention of these conversions is made in the DEIR, after                     these written comments have been submitted, will send a clear
message to Mr. Foo and others that the City has no intention of
enforcing its own zoning, rent control and apartment conversion
ordinances, thereby encouraging even more conversions.


If conversions like those at Golden Gateway are not stopped soon, the city is at risk of losing thousands of residential apartments in its downtown neighborhoods.


What kind of mitigations would prevent the further hotelization of the Golden Gateway’s 1,200 rent controlled apartments?


With larger apartment complexes such as Golden Gateway, Parkmerced and Fox Plaza, owners get around the current prohibition on renting residential apartments for less than 30 days as hotel rooms (an action that is legally prohibited by the San Francisco Apartment Conversion Ordinance) by leasing them for more than 30 days to third parties (e.g. corporations, apartment brokers). These intermediaries then rent the apartments for anywhere from a day or two to a few weeks to a month or two.


A simple amendment to the Apartment Conversion Ordinance that changes “you cannot rent an apartment for less than 30 days” to “you cannot rent or occupy an apartment for less than 30 days” would prevent Golden Gateway and others from renting apartments for anywhere from a few days to up to four weeks. Preventing 30-60 day rentals would be a more complicated matter.


The DEIR must address how constructing 8 Washington could encourage, help fund and accelerate Mr. Foo’s conversion of the 1,200 units at Golden Gateway from rent controlled apartments to hotel use as well as the impacts this would have on the city’s housing goals as set forth in the San Francisco’s 2009 Housing Element and its RHNA goals. For instance, if we’re converting housing to non-housing (hotel) uses as fast or faster than we are creating new housing units, we will never dig ourselves out of our current housing crisis and that outcome would have catastrophic impacts on the environmental and economic sustainability of San Francisco as a city.


The DEIR must also describe, in detail, the kind of mitigations (see above) that, if enacted, could mitigate the potential impact of losing more that 165 rent controlled apartments at the Golden Gateway, erasing the gain, on paper, of 165 luxury condos.



IV. FREQUENT USE OF THE WORD “PRIVATE” AS A MODIFIER OF THE GOLDEN GATEWAY RECREATION FACILITIES THROUGHOUT THE DEIR  IS BOTH MISLEADING AND INNACCURATE IN LIGHT OF THE RECENT PRIVITIZATION AND FEE STRUCTURES IMPOSED ON THE CITY’S “PUBLIC’ RECREATION FACILITIES AND SWIMMING POOLS.


The current fee structure for public recreation facilities in San Francisco results in situations where the cost of attending ‘public’ pools can often exceed fees charged by    the “private” Golden Gate Tennis & Swim Center (GGTSC).


The use of the term “private” in this context throughout the DEIR appears to be an attempt to justify the loss of GGTSC facilities for the 3-4 years that it would be shut down if the “preferred project” were approved (see section I.A for actual construction schedule) as well as the permanent loss of five of nine tennis courts, the basketball court and the current, family-friendly ground level swimming pools, Jacuzzi and open space.


In the past, the city’s public recreation facilities, including its swimming pools, were  “public” in every sense of the word—open long-hours, open 6-7 days a week and “free” to residents. In recent years, however, the San Francisco Recreation & Parks Department has increased resident user fees, reduced hours and increased the privatization of its facilities in response to ongoing budget deficits. Today, both the ‘private’ Golden Gateway facility and ‘public’ pools are open to anyone, anyone who is willing to pay   the fees that they charge. Neither is free.


A. The DEIR fails to discuss the privatization of the City’s  recreation centers: According to a 7/9/11 SF Chronicle article, the city is now leasing 23 of its 47 recreation centers to outside interests (e.g. nursery schools, private classes) with the city staffing only a dozen (12) of the 47 former “public” recreation centers. Seven (7) of the remaining recreation centers are under renovation and five (5) are vacant, unavailable for any kind of use “because no one has leased them and there is no money for city workers to run them”. Out of a total of 47 city recreation centers, only 12 are staffed by city workers who run programs for residents, many of them for a fee, during reduced days and hours.


The City also runs nine “public” swimming pools in neighborhoods such as North Beach, the Mission, Bayview, Visitacion Valley, etc. These pools used to be open five or six days a week and were free for residents. Today, residents pay $5 for each swim and $7 for adult swim lessons/water exercise. Children under 17 pay $1 per swim and $2 for swim lessons/water exercise ($3 for a swim & a class together).


Active Recreation Facilities: Public vs. Private… is there a difference anymore?


Each time a family of two adults goes to a city pool it costs $10 per visit to swim and up to $14 per visit if they participate in swim lessons or water exercise. If that family went three times a week, it would cost them $120-$168 per month depending upon how many times they took a swim vs. participated in swim lessons/water exercise. That comes to at least $1,440 dollars per year. Additional swim lessons/water exercise classes drive costs of using a “public” pool even higher.


Now imagine a family of two adults living at the Golden Gateway who currently       swim every day at the Golden Gate Tennis and Swim Center. At the city’s North Beach (public) pool, it would cost them $200 a month ($10/swim X 20 days) to swim Tuesday through Saturday (the pool is closed Sunday/Monday) and their schedules would have to match specific windows each day when the pool is available for adult lap swimming. Compare that to the two pools at the Golden Gateway Tennis and Swim Center—one just for swimming laps; one for kids, families and seniors that are open seven days a week for longer hours.


B. Comparative Costs. Because our hypothetical couple live at the Golden Gateway Apartments they automatically receive a discounted membership of about $170  per month ($85 each) to use the two pools, full gym across the street and have the ability to reserve tennis courts at $20 per use. Since the Golden Gateway was built (1960’s), residents have always received discounted membership at this facility, one of two community benefits Redevelopment required, along with Sidney Walton Square, in exchange for entitlements to build both the Golden Gateway (1,150 rental units) and the adjacent Gateway Commons (condominiums). Redevelopment felt both amenities were needed to meet the open space and active recreation needs of what was to become one of the densest residential communities in San Francisco and discounted the land for the GGTSC and Gateway Commons in exchange for the owner maintaining an active recreation facility at the GGTSC in perpetuity.


Even for those who don’t get the Golden Gateway resident discount, memberships to the Tennis and Swim Center that don’t include automatic access to the tennis courts cost about $220 a month to swim 30 days a month, the same price two adults would pay to swim only 20 days a month at the North Beach pool, a facility with no gym and only   one pool and therefore greater restrictions on when they could swim laps. It should also be noted that over 300 “guests” are admitted free to the Golden Gateway recreation facility each month, a total of 3,000 to 4,000 guests each year. We are not familiar with   a similar policy for free guests at the North Beach pool (or any other city pools).


Clearly, the recent privatization and escalating fee structures at the city’s “public” recreation centers/swimming pools have erased any real distinctions between public facilities and private facilities as viewed by local families and residents. But one of          8 Washington’s main justifications for closing the Golden Gateway Tennis and Swim Center for 3-4 years during construction—and downsizing the replacement facility—
is that it is a “private” club maintained for the selfish interests of the few.


Putting aside the fact that 8 Washington’s condos will cost $2 million each to build  and will sell for $2.5 to $5 million each and up (for upper floors), making them unaffordable to 97% of all San Franciscans (talk about catering to “the few”), the issue of who uses the current recreation facilities on this site is an important one that the DEIR must address. The similarities outlined above between today’s Golden Gateway recreation facilities and the City’s current “public” recreation centers/swimming pools contradicts the impression created by the DEIR in its current form with so many derogatory references to GGTSC as a ‘private’ club.


It is imperative that public officials have the information outlined above regarding the current costs of “public” recreation in front of them so they can decide for themselves what distinctions, if any, exist in today’s world between this ‘private’ club and so called “public” alternatives. This information is precisely what an EIR is suppose to provide to officials charged with making these kinds of decisions.


For these reasons, we must insist that you provide—in the Comments and Responses document—a clear, complete explanation of this issue, with a chart (see attached for potential template) that compares the facilities, hours, programs and costs to San Francisco residents of the city’s nine (9) “public” swimming pools with the current Golden Gateway recreation facility fee structure. Without such an analysis critical information will be lacking, information that Planning Commissioners, Park and Recreation Commissioners, Port Commissioners and the Board of Supervisors will clearly need as they assess the validity of the developer’s claims about who is served by the current facilities (and what environmental impacts they have) versus those who’ll be served by the proposed project (and its environmental impacts).


Without this information, it will be difficult for these public bodies to make informed decisions as to whether to grant or not grant the conditional use authorizations, upzonings and dozens of separate approvals and permits needed for this complicated and controversial project to proceed.


V. THE DEIR FAILS TO ADDRESS OR ANALYZE ANY OF THE MAJOR ECONOMIC ISSUES RELATED TO THIS PROJECT, ISSUES THAT HAVE SIGNIFICANT ENVIRONMENTAL AND FINANCIAL IMPACTS ON THE NEIGHBORHOOD AND THE CITY.


Several of the project sponsor’s and the Port’s objectives for this project speak to the “economic” benefits of the project for the developers, the Port and the City. The DEIR and other Port documents talk about the need to develop SWL 351 in order to generate revenue for badly needed Port infrastructure work. But the Port’s financial term sheet for this project is unrealistic, misleading and relies on depriving the city of $32 million in general fund dollars as part of a proposed Infrastructure Financing District.


This section addresses the DEIR’s lack of analysis or scrutiny regarding the ‘alleged’ financial benefits of the project as described in the Port’s Term Sheet for Seawall Lot 351 with San Francisco Waterfront Partners (“Term Sheet”) and how that Term Sheet, if executed, would have very real environmental impacts with regard to transit, open space, recreation, housing and population.  An examination of the Term Sheet demonstrates that the stream of income on which the term sheet’s finances rely cannot be achieved.  An objective analysis of “payments” described in this Term Sheet leads one to a much more pessimistic set of income projections than those presented in the September 23, 2010 Director’s Recommendation to the Port Commission. That report describes three payment sources as follows:


(1)  a land lease with annual payments of $120,000 per year;
(2)  future payments triggered by resale of condos created by the Project;
(3)  a to-be-established Infrastructure Financing District (IFD) that allows
              a portion of growth in property taxes to be reinvested in public facilities;  
 
That third source of funding is particularly troubling since it requires a sizeable appropriation of City General Fund revenues ($32 million) by the Port for its own purposes. We will now examine each of these proposed “payment” schemes to determine how realistic they are as well as the potential environmental and economic consequences they create for San Francisco’s residents and taxpayers:
1.  Lease Payments. It is easy to refute the likelihood of the $120,000/year lease payment for parcels to be used as open space with related facilities.  The second paragraph of Director’s Recommendation (page 5) states: “If engineering and cost analyses deem additional funding is needed to finance agreed upon public improve- ments, the Port agrees to designate some or all of the $120,000 per year park rent to augment financing of these public improvements.”  If the developer produces “engineering and cost analyses” showing “additional funding is needed to finance agreed upon public improvements,” the Port will “designate some or all of the $120,000/year in park rent to finance public improvements,” improvements that the developer is responsible for.  Suddenly this $120,000 of alleged “rent” could become no rent. Is that likely to happen? You be the judge:



A Little Recent History


The developer of 8 Washington is San Francisco Waterfront Partners, a partnership between Pacific Waterfront Partners and CALSTRS, the same partnership that  developed Piers 1½, 3 and 5 across the street. According to the Port’s rent rolls, San Francisco Waterfront Partners makes rent payments for Piers 1½, 3  and 5 of  $41,666.67 per month or $500,000 annually. But 90% of this is wiped out by a rent credit of a $450,000 annual rent credit ($37,500.00 per month). This means that the actual rent for Piers 1½, 3 and 5 paid by San Francisco Waterfront Partners isn’t $500,000/year, but $50,000/year or 1/10 of the original rent. Knowing this, it seems highly likely that the Port will grant a similar rent credit to 8 Washington, a credit that it has already offered in the Term Sheet approved last year.



The DEIR needs to discuss this and ask the following questions to help establish for public officials whether or not 8 Washington has the possibility of generating resources to fix up the Port’s historic infrastructure.


Was the $450,000 rent rebate given Piers 1½, 3 and 5 given for “public improvements” in the same way the 8 Washington Term Sheet proposes to give      8 Washington an up-to-$120,000/year (100%) rebate for “public improvements?


How much of this $120,000/year lease payment to the Port is guaranteed?


Based on recent history with this developer (see above box), it would appear that claiming a $120,000 per year lease payment is, at best, a gross overestimate.


2.  Future payments triggered by resale of condos (aka increased transfer tax). The second source of payments (around $25 MILLION over life of the lease) involves the developer recording covenants “committing all owners to transfer payments to the Port of ½ percent of sale value for all sales of the residential condominiums and all re-sales of commercial condominiums” (from Director’s Report, Page 4), in other words, a ‘voluntary’ increase in the transfer tax.  


This idea of obligating future owners to a special transfer “fee” was already tried, unsuccessfully, several years ago by then Mayor Gavin Newsom’s office as a way to provide ‘stimulus’ for large condo developers with approved projects who were trying to get financing. In exchange for agreeing to binding future condo owners to ‘voluntarily’ pay a 1% increase in the real estate transfer tax (but not calling it a “tax”), the Mayor’s Office proposed relieving the developers of 1/3 of their affordable housing requirement. That idea failed to get off the ground for both legal and political reasons. Regarding this proposal:


How does the Port plan to argue this increase in the real estate transfer TAX is not really a tax and do so in a way that convinces the Pacific Legal Foundation, Howard Jarvis Taxpayers Association and SF Board of Realtors not to sue?
Mayor Newsom’s failed proposal did trigger an multi-stakeholder discussion of a broader, legally defensible strategy, going to the voters for a permanent, across the board increase in the transfer tax on ALL real estate transactions (above the median home price) generating tens of millions of dollars a year for affordable housing. A portion of this new money would fund traditional affordable housing built by non- profit housing development corporations, but a portion would also be available to for-profit housing developers to buy down their affordable housing obligations. All sides agreed to this compromise and to place it on the November 2010 ballot, because it HAD to go to the voters, just as the ½% transfer tax increase proposed     in this Term Sheet would need voter approval.


NOTE: The reason that this proposal was not on the ballot that November, as reported in the New York Times, was because Mayor Newsom refused to support it or ANY tax increase, no matter how much support it had, for fear of giving his Republican opponent in the Lt. Governor’s race an issue to use against him in the 2010 election.


If the best legal and political minds in the city couldn’t figure out a way to “voluntarily” increase the real estate transfer tax without going to the voters then, how does the Port propose to do the same thing for 8 Washington now?


3.  New IFD Funding Mechanism. The third weak link in this financing plan is the as yet “to-be-established Infrastructure Financing District (IFD) that will allow a portion of growth in property taxes to be reinvested in public facilities.”  Port Director’s Recommendation, page 2.   While the concept is an interesting one, it is in its infancy in San Francisco. The Board of Supervisors is in the process of setting up a pilot IFD with seven or eight property owners on Rincon Hill to test this model.


To date, citywide discussions about the use of tax increment financing tools, such as the IFD, have linked their use to funding a larger set of neighborhood infrastructure needs and public benefits previously identified through adopted Area Plans such as Eastern Neighborhoods, Market Octavia and Rincon Hill and not for the specific needs of individual projects or developers (e.g. 8 Washington).


Looking ahead, it isn’t hard to imagine the kind of criteria the Board of Supervisors might adopt to determine what developments could avail themselves of IFDs. Those with significant legal, political and financial challenges, such as 8 Washington, would not score well.  Nor would projects that dramatically reduce and eliminate active recreation facilities serving middle-income families and seniors for over 45 years.  Finally, projects that undo decades old community benefits agreements, provided as part of a Redevelopment plan (e.g. Golden Gateway’s permanent active recreation center), probably wouldn’t pass muster .


Assuming the city eventually creates IFDs in certain circumstances, how does the Port make the case for THIS project, given the growing political and legal opposition to it, the long standing community resource that it destroys and the fact that the Board of Supervisors won’t give up $32 million for it (see below).


 4. Diversion of property taxes from the General Fund to the Port. The majority of the 8 Washington/SWL 351 site is NOT Port property, but under the jurisdiction of the City and County of San Francisco. Exhibit A of the Term Sheet shows the boundary of the 0.64 acre under Port control (SWL 351) and the 2.51 acres portion currently privately owned by Golden Gateway on AB168, 171, 291 (80% of the site). SWL 351 (the Port land) is only 20% of the total development site.


While these blocks were under the jurisdiction of the Redevelopment Agency, the property tax increment was diverted from the City’s General Fund to that Agency.  Following termination of the Redevelopment project area several years ago, however, ALL property tax revenue from this land flows to the General Fund.  The Port now proposes to divert the property tax increment from the portion of this site NOT UNDER PORT JURISDICTION away from the General Fund and to the Port.


The Port Director’s Term Sheet Recommendation on page 6 proposes “a new Port IFD” covering both SWL 351 and the Golden Gate Tennis and Swim Club (WHICH IS NOW ENTIRELY UNDER THE CITY’S JURISDICTION AND TAXING AUTHORITY).  Under the “new Port IFD” all the property tax increment from development on non-Port property would be diverted FROM the General Fund TO the Port.  Toward the end of the Term Sheet recommendation the Port Director does state that the Board of Supervisors would have to agree to this arrangement, which prompts several questions that should have been asked and answered in the DEIR:


Who from the city, not the Port, agreed to including these IFD financial terms in the Term Sheet?


Which members of the Board of Supervisors were consulted regarding this planned appropriation of property tax revenue from the city’s general fund?


What would lead the Port to think ANY current or future Board of Supervisors would  ‘voluntarily’ turn over $32 million in General Fund dollars to the Port, providing a $32 MILLION CITY SUBSIDY FOR LUXURY CONDOS when the Board is struggling with massive budget deficits, layoffs and cuts to vital city programs?


The DEIR must address whether or not this project is financially viable because if it is not, then the public facilities and infrastructure the project has promised to provide cannot be built. The DEIR must also assess the likelihood of the Board of Supervisors turning over $32 million in General Fund monies as a subsidy to the Port for this and other Port projects and analyze what environmental impacts this loss of $32 million to the city would create over time: what parks wouldn’t be maintained, which parks and recreation centers closed, what transit lines discontinued or run less frequently, etc.; actions that would not have been necessary had the city kept that $32 million. Specifically, the DEIR must answer the following questions:


Can 8 Washington’s public facilities (e. g. Jackson Commons, other open space) ever  be built with IFD funding, given that:


a) the IFD is predicated on the Port capturing 100% of the tax increment generated by 8 Washington even though the Port only owns 20% of the site, and


b) according to recent testimony before the Planning Commission by Michael Yarne (OEWD), under state law IFD’s are prohibited on land that “is currently,  or was previously part of a redevelopment area”?
 
Under what circumstances does the Port anticipate that the current (or a future) 
Board of Supervisors would voluntarily give up its 80% of this tax increment
($32 million out of $40 projected by the Port) to fund public improvements for   
LUXURY CONDOS at 8 Washington or other Port projects?


Has the Port had any discussions with the Board of Supervisors regarding this?


If so, what was the Board’s reaction?
    
Has the Port or project sponsor had state legislation passed (or introduced) that
provides the necessary waivers from the current state prohibition against
setting up IFD’s in former redevelopment areas?


Again, this is information that public officials must have to make informed, objective
decisions about the impacts of this project.


 


 


 


VI. THE DEIR FAILS TO DISCLOSE THAT 8 WASHINGTON IS THE FOURTH ATTEMPT TO CONVERT THE GOLDEN GATEWAY TENNIS & SWIM CLUB FROM CITY MANDATED ACTIVE RECREATION USE TO CONDOMINIUMS. IT PRESENTS VERY BRIEF AND MISLEADING INFORMATION REGARDING THE HISTORIC RECORD SUPPORTING THE REQUIREMENT TO PRESERVE THE CURRENT ACTIVE RECREATION FACILITIES ON SITE IN PERPETUITY.


The DEIR addresses this issue very briefly in a footnote on page II.3 that states:


2 The original development agreement governing the Golden Gateway Center Lots required the developer to provide non-profit community facilities as part of the overall development with the Golden Gateway Center. In Section 4 (a) of the Agreement for Disposition of Land for Private Development (“Agreement”) between Perini-San Francisco Associates (the “Developer’) and the Redevelopment Agency, dated August 27, 1962, the Developer agreed to maintain “community facilities of  a permanent nature… designed primarily for use on a nonprofit basis” (page 25 of the Agreement). Subsequent to the Agreement, the Agency and Golden Gateway Center (the successor to the Developer) entered into a Second Supplement and Amendment to the Agreement (“Second Supplement”) on March 14, 1976. Section 1(d) of the Second Supplement deleted Section 4(a) of the agreement (page 12 of Second Supplement) and thereby removed the requirement to maintain community facilities on the property in exchange for the dedication of Sydney Walton Park for perpetual use as a public park.


This interpretation of those documents contradicts evidence previously by individuals with intimate, first hand knowledge of those Golden Gateway redevelopment agreements. Those comments are attached as:


Exhibit A: A May 9, 1984 letter from then Mayor Dianne Feinstein that begins:“As a supervisor and as mayor, I have a long history with the redevelopment plan and agree with those who maintain that this site has always been considered set aside for recreation and open space.”


Exhibit B: An August 8, 1990 letter from Robert Rumsey to then redevelopment director Ed Helfeld that states:


  “I happened to be Deputy Director of Redevelopment in the late 1950’s and early  
    1960’s when the Golden Gateway redevelopment plan was adopted by the city and
    when Perini Corp. was subsequently selected as the developer of the Golden Gateway
    over eight other competitors… I feel it is important to place on the record the view of  
    the staff and commissioners of the agency at the time of selection: The provision of that
    open space and recreational space was a significant factor in the selection of the
    Perini proposal. And clearly, the space was presumed to be kept that way in
    perpetuity” (underlining Mr. Rumsey’s).


 


Exhibit C: A January 24, 2003 letter from Senator Dianne Feinstein reiterating that: 
  
   “I have a long history with the redevelopment area at Washington and Drumm Streets     
    and concur with those who believe this space was intended for recreation and open
    space. Please oppose further development of the Golden Gateway Tennis & Swim Club.”


These letters came in reaction to THREE previous unsuccessful attempts to develop the Golden Gateway Recreation Center as condominiums. Those attempts included:


1. Perini Corp. (early 80’s). The original developer of the Golden Gateway project proposed replacing the Golden Gate Tennis & Swim Club (GGT&SC) with a 9-story condominium project, in violation of its original approvals for the larger project that called for the GGTSC to serve as one of two major community benefits (along with Sidney Walton Sq.) in perpetuity. NOTE: This took place after the Second Supplement and Amendment to the Agreement referenced in Footnote 2 (above) was executed. Clearly, then Mayor Feinstein, had a very different interpretation of the Second Supplement than that of the author of Footnote 2 when she says in her letter that  “I agree with those who maintain that this site has always been considered set aside for recreation and open space.”


2. Perini Corp. (early 90’s). Again the owners of the Golden Gateway proposed replacing the project’s active recreation center with a condo project. This time, a letter from former Redevelopment Director Robert Rumsey date 8/8/90 provides extensive evidence that the interpretation of events contained in Footnote 2 is neither complete nor accurate. His detailed first hand description of that transaction which took place in the 1970’s is quite instructive. In addition to his comment that:


     “I feel it is important to place on the record the view of the staff and commissioners  
      of the agency at the time of selection: The provision of that open space and
      recreational space was a significant factor in the selection of the Perini proposal.
      And clearly, the space was presumed to be kept that way in perpetuity”


his letter states that “if it is now proposed that there is a loophole permitting that space to be invaded by condominiums, I would consider that to be most unfortunate for the city” and describes the land use negotiations that allowed Perini to substitute 155 low-rise condos for the four remaining high-rise rental towers that were suppose to be built as Phase III of the redevelopment plan. According to Rumsey, the agency finally, “albeit reluctantly” agreed to let Perini make this change “because some seven years had elapsed since completion of Phase II and there was otherwise no prospect for building on those long-barren blocks”.


Rumsey then states that the Agency’s October 28, 1975 minutes show the debate over what the Agency should charge Perini for the land that made up Phase III (now Gateway Commons condominiums) focused on “whether it should be $8.45 a square foot, the price established 15 years earlier, or a more realistic 1975 price of $15-$20 a square foot”. He then states:


      “My new successor, Arthur F. Evans, said he might agree with the higher number if
      the land was offered without restrictions, such as requirements of open space. And
      he added: Amenities such as Sidney Walton Square and the Golden Gateway tennis
      courts were on land that was not income producing, and since no one could build
      highrise buildings on this area, its value could be considered zero.”


As a result of this discussion, according to Rumsey, “Evans and the commission agreed to hold the land sales price to the original $8.45 a square foot, as the agency continued to view the open and recreation space to be in perpetuity.”


Based on Rumsey’s letter and substantial community opposition, this second attempt to replace the GGT&SC was defeated.


3. John Hamilton, developer (2003-04). In the mid-90’s Perini sold Golden Gateway to Timothy Foo and a group of investors. In 2003, developer John Hamilton proposed another condo tower on the site. Senator Feinstein’s January 24, 2003 letter was responding to that proposal. After reiterating her conclusion that “this space was intended for recreation and open space”,  she goes on to say, “increasing the height of the Club would drastically change the picturesque panorama of the Bay and would create shadow effects on the newly constructed Embarcadero. Further, development of more residential units would increase traffic noise and pollution, and disregard the original understanding between City officials and area residents that open space and recreational amenities should be preserved.”


4. Current 8 Washington Street/SWL 351 proposal is the 4th Attempt (2006-present) to develop condos on this site and demolish the Golden Gateway’s active recreation center, a facility that’s successfully fulfilled its intended purpose for almost 50 years.


In his written comments on 8 Washington’s DEIR dated August 11, 2010, Mr. Edward Helfeld, Director of the Redevelopment during the second attempt to demolish the Golden Gateway Tennis and Swim Club speaks to the original purpose of the facility, how it has successfully served San Francisco’s recreation needs for over four decades and how relatively inexpensive it is compared to other tennis facilities in the city. He also writes that “As Executive Director (1987-1994) I was in total support of retaining Golden Gateway Tennis and Swim Club”.


Any public official or member of the general public reading the current DEIR would have no knowledge of these three previous attempts to build on this site, their outcome and the role former city officials have played in confirming that the Golden Gateway active recreation center was meant to be preserved as an active recreation center in perpetuity. The Comments and Responses to the 8 Washington Street/SWL 351 DEIR must include this historic information in order to be considered accurate, complete and objective.


 


 



VII. ADDITIONAL COMMENTS ON THE 8 WASHINGTON DEIR


A.  The DEIR’s Introduction presents confusing and conflicting information regarding how, when and by whom environmental review for this project was initiated. The first two paragraphs of the DEIR’s Introduction (pg. Intro.1) raise some troubling questions about how environmental review for 8 Washington was carried out that need to be addressed more completely and forthrightly. The timeline for environmental review is described as follows (quoting from the DEIR):


1. “On January 3, 2007, an environmental evaluation application (EE application) was filed by San Francisco Waterfront Partners II (the “project sponsor”) on behalf of the Golden Gateway Center for a project at 8 Washington Street and the adjacent Seawall Lot 351, which is owned by the Port….(the Port is not a co-sponsor of the proposed project, but has authorized San Francisco Waterfront Partners II to submit an EE application that includes Seawall Lot 351).”


2. “On August 15, 2008, the Port issued a Request for Proposals (RFP) for the development of Seawall Lot 351. Two parties submitted timely proposals: SF Waterfront Partners II and a development group led by Dhaval Panchal (which later withdrew its proposal).”


3. “On November 10, 2008, the Port reissued the RFP for this project.”


4. “On February 24, 2009, the Port Commission authorized Port staff to enter into an exclusive negotiating agreement with SF Waterfront Partners II, finding that the proposal submitted by SF Waterfront Partners II meets the requirements of the RFP and meets the Port’s objectives for Seawall Lot 351.”


It appears from this timeline that the ‘project sponsor’, SF Waterfront Partners, was selected to carry out the 8 Washington project on January 3, 2007 when they were “authorized” (by the Port) to submit an Environmental Evaluation (EE) application officially beginning environmental review. However, there’s no explanation in the DEIR as to why, 18 months later (August 2008), the Port decided to issue an official RFP to select a developer for Seawall Lot 351.


This makes no sense given that Seawall Lot 351 was included in the January 3rd EE application submitted by SF Waterfront Partners (if not as designated developer, then in what capacity?). Then three months later (November 2008), we’re told the Port reissued the RFP with no explanation as to why. Finally, on Feb. 24, 2009, twenty five months after SF Waterfront Partners filed the EE application and began the environmental review process, the Port Commission authorizes staff to enter into an exclusive negotiating agreement with SF Waterfront Partners (SFWP) to develop  SWL 351. This raises troubling questions that need to be addressed in the DEIR to give public officials (and the general public) a clearer sense of the appropriateness, completeness and legality of the current environmental review process.


The DEIR must explain:


1. Is this how environmental review is normally sequenced? Is it routine for a developer that has not yet been selected by the Port to undertake a specific project, let alone negotiated an Exclusive Negotiating Agreement (ENA) with the Port for said project, to submit an EE application to Planning for this project that they haven’t yet been selected to develop and then for the Port, eighteen months later, to issue the first RFP to select a developer for the project and have a developer other than the one who submitted the EE respond to the RFP—then drop out (with     no explanation why in the DEIR), then have the RFP reissued six months later and then finally,
25 months after the current developer of 8 Washington submitted the EE, the Port finally selects said developer (SFWP) as the official developer of 8 Washington and begins negotiating an ENA? Is this NORMAL procedure?


2. How could the Port authorize SFWP’s EE application without a written agreement designating SFWP as the approved developer of SWL351? Is this standard procedure in these matters?


3. If this EE process was, in fact, legal prior to August 2008, why did the Port reverse course on August 15, 2008 and issue an RFP for SWL 351 (a site already included in the EE application filed 18 months earlier)? Doesn’t the initial applicant in the EE process have to be either the property owner or his designated developer and be able to demonstrate site control? How would that have been possible back in January 3, 2007 for SWL 351?


4. What role did SFWP play in drafting the RFP (and Port’s objectives for SWL351)?



5. What reasons did the second respondent to RFP give for “withdrawing his proposal?”



6. Why was the RFP reissued on November 10, 2008?



7. When on January 3, 2007, the Planning Department accepted an environmental evaluation application (EE) “filed by San Francisco Waterfront Partners II (the “project sponsor”) on behalf of Golden Gateway Center for a project at 8 Washington Street and the adjacent Seawall Lot 351”, was Planning aware that San Francisco Waterfront Partners had not been and could not be legally designated as “project sponsor” for SWL 351 at that time?


8. Why didn’t the fact that SFWP had no legal basis to claim that it was the “project sponsor” for SWL 351 invalidate the EE application? The DEIR states that the Port “authorized San Francisco Waterfront Partners II to submit an EE application that includes Seawall Lot 351” but wouldn’t that imply SFWP would eventually be selected as the developer and discourage other developers from submitting responses to the Port’s August 15, 2008 RFP given that SFWP had been working with Planning staff on the environmental evaluation for 18 months already?


9. Is what happened in January 2007 legal? If not, when did the Planning Department become aware of this problem and what did it do about it?


10. Having now publicly described this chronology in the DEIR, what legal impact does this have today on the environmental and project review process?


11. Would any other developer be allowed to begin the environmental review process on a project for which they had neither been designated developer nor had site control?



These questions MUST be answered in the DEIR given the bizarre and confusing chronology that now appears in it regarding how environmental review was initiated for this project.


 


B. In other Port documents related to 8 Washington, San Francisco Waterfront Partners II is described as a partnership between Pacific Waterfront Partners (PWP) and California State Teachers Retirement System (CalSTRS). However, the involvement of CalSTRS in this project appears nowhere in the DEIR. Given that CalSTRS has already spent over $23 million dollars in predevelopment funds for 8 Washington, the DEIR must contain some mention of CalSTRS as a member of this partnership and the fact that the same partnership (PWP and CalSTRS) developed Piers 1½, 3 and 5 across The Embarcadero from this site.


Finally, the first sentence of the Introduction to the DEIR refers to the fact that “on January 3, 2007 an environmental evaluation application (EE) was filed by SF Waterfront Partners on behalf of the Golden Gateway Center   for a project at 8 Washington”. That footnote references “Golden Gateway Center, Authorization Letter from Timothy Foo dated Dec. 27, 2006.”


For this DEIR to be complete and accurate it must address several key questions including:


1. Who is developing this project? Pacific Waterfront Partners?  CalSTRS? Golden Gateway Center (Timothy Foo)? What are their relationships to each other and the proposed project?


2. What precisely is the relationship between these three entities and the Port?


3. What was the understanding between SFWP, Timothy Foo and the Port when SFWP submitted its EE application on behalf of Golden Gateway Center? All three are mentioned in the relevant discussion in the DEIR.


C. The DEIR is inadequate and incomplete due to its failure to include A Community Vision for San Francisco’s Northeast Waterfront. The DEIR is inadequate and biased in discussing the Planning Department’s Northeast Embarcadero Study (NES), while failing to include an equally detailed discussion of the background and recommendations of the study prepared by Asian Neighborhood Design entitled A Community Vision for San Francisco’s Northeast Waterfront, dated February 2011, which was presented to the Planning Commission on July 7, 2011. 


The second sentence in the third paragraph of the Introduction states that the purpose of the Northeast Embarcadero Study (NES) was “to foster consensus on the future of Seawall Lot 351 and at other seawall lot properties on the northern waterfront” and leaves the reader with the impression that it succeeded in this goal by stating how many public workshops were held (five) and “on July 8, 2010, the San Francisco Planning Commission adopted a resolution that it ‘recognizes the design principles and recommendations of the Study’ and urges the Port of San Francisco to consider the recommendations of the NES when considering proposals for new development in this area”.


To be accurate and truthful, the DEIR should mention the level of anger and frustration expressed by the majority of the public that attended these five workshops who felt the Port, who was paying for the NES, was dictating its conclusions in order to facilitate the approval of the
8 Washington. For example, when 30-40 people at a workshop opposed the notion advanced by Planning staff that The Embarcadero needed a “hard edge” and that “higher heights” were appropriate for the 8 Washington site and only 6-8 people expressed support for these ideas, the notes from that meeting would later say that opinion was divided on these matters. To its credit, the Planning Department states clearly in the final draft of the NES that they failed in their goal   of achieving consensus on the future of SWL 351.


The DEIR needs to include this information to provide a more accurate representation of the outcome of the NES process.


People were so upset by what they perceived as a transparent attempt to ‘justify’ 8 Washington, that they began their own community-based planning process to address the larger issues of reconnecting Chinatown, North Beach, Russian Hill and Telegraph Hill to the Waterfront; healing the wounds left by the ramps to the Embarcadero Freeway by making Broadway, Washington and Clay Streets more pedestrian, bicycle and transit friendly; and fostering consensus on the future of Seawall Lot 351 and at other seawall lot properties on the northern waterfront.


Four major community organizations representing thousands of local residents, small businesses        and property owners became the primary sponsors/organizers of this “Community Vision for the Northeast Waterfront” and hired Asian Neighborhood Design to assist them in developing it.    These organizations included: Friends of Golden Gateway; Golden Gateway Tenants Association; Telegraph Hill Dwellers and Barbary Coast Neighborhood Association. Stakeholders from Chinatown, Russian Hill, Nob Hill, Fisherman’s Wharf and other neighborhoods also participated.


On July 7, 2010, when the Planning Department staff presented the NES to the Planning Commission, AND and the four sponsors of the “Community Vision for the Northeast Waterfront” were invited to present a summary of their planning work to date.


The DEIR fails to make any mention of the alternative plan created by these four community groups with AND’s help. It needs to describe this study, how it differs from Planning’s NES and include it in the final EIR so public officials can evaluate the merits of both studies for themselves.
 
The DEIR must describe the reasons why this alternative community planning process was undertaken and include a detailed discussion how the proposed project would or would not conform to each of the recommendations contained in A Community Vision for San Francisco’s Northeast Waterfront?


I am attaching a copy of the AND Study: A Community Vision for San Francisco’s Northeast Waterfront to these comments and ask that it be included in the EIR so that readers and public officials can gauge for themselves if it was more successful in “fostering consensus on the future of Seawall Lot 351 and at other seawall lot properties on the northern waterfront” than the Planning Department’s Northeast Embarcadero Study (NES).


D. The DEIR tries, unsuccessfully, to minimize the loss of iconic views of Coit Tower and Telegraph Hill from in front of the Ferry Building with its argument about ‘episodic’ views and a new claim that “trees” already obscure the views of Coit Tower from in front of the Ferry Building, views enjoyed by millions of tourists, residents and office workers each year.  As demonstrated in Figure IV.B-3: View B (page IV.B.7), the height and mass of the proposed project would completely obstruct views of Coit Tower and Telegraph Hill currently seen from the Embarcadero Promenade at the northern end of the Ferry Building. This significant adverse effect on the visual quality and scenic vistas enjoyed by the public puts the project in direct conflict with a number of city and Port planning policies. The DEIR’s conclusion that this would not create a substantial adverse effect on a scenic vista because “Coit Tower and Telegraph Hill would continue to be visible from numerous vantage pointes in the vicinity of the Project site and the City” is a biased and subjective judgment that is not based on fact. This ‘episodic’ argument could be used to claim that NO building ever blocks an important view because if you walk far enough past the offending structure, you might get the view back.
The comment about trees blocking the view of Coit Tower from in front of the Ferry Building must be stricken from the document. I just came from standing at the main entrance of the Ferry Building and I could clearly see Coit Tower and most of Telegraph Hill. While several trees in front of the F-line stop across the street did impede the view around the edges, these trees could easily be pruned to eliminate the problem.



E. The DEIR’s Traffic and Transit Data is Seriously Out of Date.


The traffic data relied upon by the DEIR in reaching its conclusions is incredibly stale, having been based on surveys done in 2006-2007 and with 2000 census data (page IV.D.5 of the DEIR).  These studies must be updated.  For example, the assumptions made in the DEIR that the existing conditions at the Embarcadero/Broadway and Embarcadero/Washington intersections are “satisfactory” (at LOS D) defy logic.  Anyone familiar with the real time conditions at these intersections knows that this assessment could not be based on a factual analysis of current conditions at peak periods which, by the way, often occur on weekends (not studied in DEIR).


Also out of date is the transit information relied upon by the DEIR in reaching its conclusion that the project would not result in significant transportation impacts to transit systems (Impact TR-2), having been based upon data on capacity and utilization of individual MUNI lines from 2007 (page IV.D.9 of the DEIR).  This data should also be updated. For example, whoever was responsible for the assumption in the DEIR that the F-Line is not at capacity during peak periods has never ridden the F-line at peak periods. The America’s Cup will only make this worse.



F. The DIER belittles Pedestrian Safety Issues. The DEIR states that: “Conflicts between pedestrians and vehicles could occur at the project garage driveway, which could cause the potential inbound vehicles to queue onto Washington Street. Outbound vehicles would queue inside the garage and would not affect street traffic. Conflicts between outbound vehicles and pedestrians could still occur, but their effect on pedestrians would be reduced because pedestrians on the sidewalk have the right-of-way.” (page IV.D.25). I’m sure the fact that pedestrians have the right-of-way is of great comfort to families of children and seniors who’ve been struck and killed by cars. This statement is insulting and MUST be stricken from the DEIR. It’s also not true.


In the very next paragraph the DEIR makes the following statement about these potential vehicular and pedestrian conflicts at the garage driveway:


“The number of vehicles and pedestrians per minute are relatively small (about one vehicle and three pedestrians every 30 seconds on average) and it is therefore not anticipated that the proposed project would cause any major conflict or interfere with pedestrian movements in the area.” (page IV.D.25)


These numbers translate to 2 cars and 6 pedestrians every minute or 120 cars and 360 pedestrians an hour (or approximately 1,440 cars and 4,320 pedestrians coming into potential conflict in any given 7 am to 7 pm period).  The DEIR’s conclusion that such conflict between vehicles and pedestrian movement would be “less than significant” makes no logical sense and is simply not supported by the facts presented in the DEIR. 


G. The DEIR must include a new fence around the Golden Gateway Tennis and Swim Club in its NO PROJECT Alternative. Finally, the comments often heard about the “ugly green fence” around the GGTSC reminds us that the DEIR must let the reader know that it is the owner of the property, Mr. Timothy Foo, who is responsible for the ugly “green fence”. First, he has put the GGTSC operator on a month-to-month lease making it difficult for them to make a substantial investment in a nicer fence. Second, Mr. Foo himself stands to gain financially if 8 Washington is approved, so he has no incentive to fix the fence since its unsightliness is being used as an argument for demolishing the current facility. This simplest way to correct this bias would be to:


Include a rendering of the site with a new, attractive fence in the NO PROJECT alternative .


For the reasons stated in this letter, I believe this DEIR is seriously incomplete and inadequate to address the potentially significant impacts of this project.  I urge you to revise the document and re-circulate it in draft form.


Sincerely,


 


Brad Paul


 


 


 


 


 


 


 


 


 


 


 


 


 

Dodging bullets

14

steve@sfbg.com

Progressives in San Francisco dodged a few bullets on election night, which was the highest hope that many held in a campaign season dominated by conservative money and messaging. The Board of Supervisors retained a progressive majority, Prop B’s attack on public employees went down, the wealthy will pay more property transfer taxes, and — perhaps the best news of all — Gavin Newsom is leaving for Sacramento a year before his mayoral term ends.

But economically conservative and downtown-backed campaigns and candidates scored the most election-night victories in San Francisco, killing a temporary hotel tax hike pushed hard by labor and several progressive-sponsored ballot measures, and winning approval for the divisive sit-lie ordinance and Prop. G, removing Muni driver pay guarantees, which had the widest margin of the night: 65-35 percent.

“Ultimately, downtown did well,” progressive political consultant Jim Stearns told us on election night, noting how aggressive spending by downtown business and real estate interests ended a string of progressive victories in the last several election cycles. He cited the likely election of Scott Wiener in District 8 and the strong challenge in District 2 by Mark Farrell to perceived frontrunner Janet Reilly, who had progressive and mainstream endorsements.

A preliminary Guardian analysis of reported spending by independent expenditure committees shows that groups affiliated with downtown or supporting more conservative candidates spent about $922,435, the biggest contributions coming from conservative businessman Thomas Coates and the San Francisco Board of Realtors, compared to $635,203 by more progressive organizations, mostly the San Francisco Democratic Party and San Francisco Labor Council.

That spending piggy-backed on national campaigns that were also skewed heavily to conservative and corporate-funded groups and messaging that demonized government and public employee unions, playing on people’s economic insecurities during a stubborn recession and jobless recovery.

Stearns said voters are having a hard time in this economy “and they don’t like to see the government spending.” He said national polls consistently show that people are more scared of “big government” than they are “big corporations,” even if San Francisco progressives tend to hold the opposite view.

And even that narrow defeat came after an almost unprecedented opposition campaign that included every elected official in San Francisco except the measure’s sponsor, Public Defender Jeff Adachi, and both the labor movement and many moderate groups.

“The campaign on this was extraordinary and caught fire at the end,” Alex Clemens, founder of Barbary Coast Consulting, said at SPUR’s Nov. 4 election wrap-up event. In particular, the message about how much Prop B would increase the health care costs on median-income city employees seemed to resonate with voters.

“We are really happy that Prop. B is going down because it was such a misguided measure. It was not well thought through,” Labor Council President Tim Paulson told the Guardian at the election night party labor threw with the San Francisco Democratic Party at Great American Music Hall. “San Francisco voters are the smartest in America.”

Paulson was also happy to see those voters approve taxing the transfer of properties worth more than $5 million, “because San Franciscans know that everyone has to pay their fair share.”

In the Board of Supervisors races, it was basically a status quo election that shouldn’t alter the body’s current politics dynamics much. Sup. Bevan Dufty will be replaced with fellow moderate Scott Wiener in D8 and Sup. Chris Daly by progressive Jane Kim in D6. The outcome of races to replace ideological wobbler Sup. Sophie Maxwell in D10 and conservative Michela Alioto-Pier in D2 may not be conclusively known for at least a few more days (maybe longer if the close races devolve into lawsuits), but neither is a seat that would diminish the board’s progressive majority.

Progressives could have made a gain if Rafael Mandelman had won in D8, but he was seven points behind Wiener on election night and even more after the initial ranked choice tally was run on Nov. 5. And in D6, fears that downtown-backed candidate Theresa Sparks might sneak past dueling progressive candidates Jane Kim and Debra Walker never materialized as Sparks finished far behind the lefty pair.

Consultant David Latterman, who worked for Sparks, told us on election night that he was surprised to see that Kim was the choice of 32 percent of early absentee voters “because we targeted those voters.” By comparison, Walker was at 20 percent and Sparks was at 21 percent in the initial returns, which tend to be more conservative. By the end of the night, Kim had 31.3 percent, Walker 27.7 percent, and Sparks just 16.5 percent.

“If she did that well with absentees, it seems like it was Jane’s race to win. If they choose Jane, they wanted Jane. It’s just that simple,” Latterman told us on election night.

At her election night party, Kim credited her apparent victory to a strong campaign that she said fielded 400 volunteers on Election Day, most wearing the bright red T-shirts that read “See Jane Run” on the back. “I feel good,” Kim told the Guardian. “What I’m really happy about is we ran a really good campaign.”

In the end, Kim’s campaign was put over the top by the second-place votes of Sparks’ supporters, with 769 votes going to Kim and 572 to Walker in the first preliminary run of ranked-choice voter tabulations. But despite the bad blood that developed between progressives in the Kim and Walker campaigns, Board President David Chiu, an early Kim supporter, sounded a conciliatory note, telling the Guardian on election night, “Given where Debra and Jane are, I’m glad that we’re going to keep this a progressive seat.”

Cash not care

5

sarah@sfbg.com

With the general election just days away, campaign disclosure reports show that downtown interests are spending huge amounts of money to create a more conservative San Francisco Board of Supervisors and to pass Proposition B, Public Defender Jeff Adachi’s effort to make city workers pay more for their pensions and health insurance.

Much of the spending is coming from sources hostile to programs designed to protect tenants in the city, including rent control and limits on the conversion on rental housing units to condominiums. An ideological flip of the board, which currently has a progressive majority, could also have big implications on who becomes the next mayor if Gavin Newsom wins his race for lieutenant governor.

At press time, downtown groups were far outspending their progressive counterparts through a series of independent expenditure committees, most of which are controlled by notorious local campaign attorney Jim Sutton (see “The political puppeteer,” 2/4/04) in support of supervisorial candidates Mark Farrell in District 2, Theresa Sparks in District 6, Scott Wiener in District 8, and Steve Moss in District 10.

Prop. B has also been a big recipient of downtown’s cash, although labor groups have pushed back strongly with their own spending to try to kill the measure, which is their main target in this election.

But the biggest spender in this election appears to be Thomas J. Coates, 56, a major investor in apartments and mobile homes and a demonstrated enemy of rent control. He alarmed progressive groups by giving at least $250,000 to groups that support Farrell, Sparks, Wiener, Moss, and Prop. G, legislation that Sup. Sean Elsbernd placed on the ballot to cut transit operator wages and change Muni work rules.

Although Coates declines to identify with a political party on his voter registration, he donated $2,000 to President George W. Bush in 2004. More significantly, he was the biggest individual donor in California’s November 2008 election, when he contributed $1 million to Prop. 98, which sought to repeal rent control in California and limit the government’s right to acquire private property by eminent domain.

Coates, who is also a yachting enthusiast and sits on San Francisco’s America’s Cup Organizing Committee (ACOC), donated $100,000 on Oct. 20 for Farrell, $45,000 for Sparks, $45,000 for Moss, and $10,000 for Wiener through third-party independent expenditure committees such as the Alliance for Jobs and Sustainable Growth.

The group has already received thousands of dollars in soft money from the San Francisco Police Officer’s Association, the Building Operators and Managers Association, the Golden Gate Restaurant Association, and SEIU-United Healthcare Workers, which supports a high-end hospital and housing complex on Cathedral Hill.

Those downtown groups have spent close to $200,000 on English and Chinese language mailers and robo calls in support of Sparks, Wiener, and Moss in hopes of securing a right-wing shift on the board.

Progressive groups including California Nurses Association, the San Francisco Tenants Union, and the SF Labor Council have tried to fight back in the supervisorial races. While downtown groups spent more than $100,000 promoting Sparks in D6, labor and progressive groups spent $13,000 opposing Sparks and $72,000 supporting progressive D6 candidate Debra Walker.

In D8, progressive groups that include teachers, nurses, and transit riders have outspent the downtown crowd, plunking down $40,000 to oppose Wiener and $90,000 to support progressive candidate Rafael Mandelman. So far, downtown groups have spent about $100,000 to support Wiener.

But in D10, the district with the biggest concentration of low-income families and communities of color, downtown interests spent $52,000 supporting Moss and $5,000 on Lynette Sweet while the Tenants Union was only able to summon $4,000 against Moss. The SF Building and Construction Trades Council spent $4,000 on Malia Cohen.

But that’s small potatoes compared to what downtown’s heavy-hitters are spending. The so-called Coalition for Sensible Government, which got a $100,000 donation from the San Francisco Association of Realtors, has already collectively spent $96,000 in support of Sparks, Wiener, Moss, Sweet, Rebecca Prozan in D8, Prop. G and Prop. L (sit-lie) and to oppose Prop. M (the progressive plan for police foot patrols) and Prop. N (a transfer tax on properties worth more than $5 million).

The Coalition for Responsible Growth, founded by Anthony Guilfoyle, the father of Mayor Gavin Newsom’s ex-wife, Kimberly Guilfoyle (who now works as a Fox News personality), has received $85,000 from the Committee on Jobs, $60,000 from the Realtors, and $35,000 from SF Forward. It has focused on spending in support of Prop. G and producing a voter guide for Plan C, the conservative group that supports Sparks, Wiener, Sweet, and Moss

Coates’ donations raise questions about his preferred slate’s views on tenant and landlord rights. A principal in Jackson Square Properties, which specializes in apartments and mobile homes, Coates is the founding partner of Arroya & Coates, a commercial real estate firm whose clients include Walgreens, Circuit City, and J.P. Morgan Investment Management. In 2008, when he backed Prop. 98, Coates told the San Francisco Chronicle that rent control “doesn’t work.”

Ted Gullicksen, director of the SF Tenants Union (SFTU), which has collectively spent $30,000 opposing Sparks, Wiener, and Moss, is disturbed that Coates spent so much in support of this trio.

“Coates was the main funder of Prop. 98,” Gullicksen explained. “His property is in Southern California. He’s pumping a lot of money into supervisors. And he clearly has an agenda that we fear Moss, Sparks, and Wiener share — which is to make the existence of rent control an issue they will take up in the future if elected to the board.”

That threat got progressive and labor groups to organize an Oct. 26 protest outside Coates’ San Francisco law office, with invitations to the event warning, “Be there or be evicted!”

Sparks, Moss, and Wiener all claim to support rent control, despite their support by someone who seeks to abolish it. “I answered such on my questionnaire to the SFTU, which chose to ignore it,” Sparks told the Guardian via text message. “In addition, I’ve been put out of apartments twice in SF, once due to the Ellis Act. They ignore that fact as well.”

Records show that in May 2009, Moss — who bought a rent-controlled apartment building near Dolores Park in D8 for $1.6 million and he lived there from the end of 2007 to the 2010, when he decided to run for office in D10 — served a “notice to quit or cure” on a tenant who complained about the noise from Moss’ apartment. Ultimately, Moss settled without actually evicting his tenant.

“I read about Coats’ [sic] contribution in Bay Citizen,” Moss wrote in an e-mail to the Guardian. “This donation was made to an independent expenditure committee over which I have no control and almost no knowledge. I have stated throughout the campaign, and directly to the Tenants Union, that I believe current rent control policy should remain unmolested.”

But Moss is with downtown on other key issues. He supports Newsom’s sit-lie legislation and the rabidly anti-tenant Small Property Owners Association, whose endorsement he previously called a “mistake.”

Yet Moss, who sold a condo on Potrero Hill in 2007 for the same price he paid for the entire building in 2001, seems to voice more sympathy for property owners than renters, who make up about two-thirds of city residents. He told us, “Landlords feel that they are responsible for maintaining costly older buildings and that they are not provided with ways to upgrade their units in ways that share costs with tenants.”

Another realm where downtown seems to be trying to flip the Board of Supervisors on a significant agenda item is on health care, particularly the California Pacific Medical Center proposal to build a high-end hospital and housing project on Cathedral Hill in exchange for rebuilding St. Luke’s Hospital in the Mission.

The project has divided local labor unions. UHW supports the project and a slate of candidates that its parent union, Service Employees International Union, is opposing through SEIU Local 1021, which is supporting more progressive candidates. The California Nurses Association also opposes the project and candidates such as Wiener who back it.

“A recent mailer by CNA falsely says that CPMC is closing St. Luke’s and Davies,” CPMC CEO Warren Browner recently complained in a letter to the Board of Supervisors. “We are not. We are committed to building a state-of-the-art, high-quality replacement hospital at St. Luke’s and continuing to upgrade Davies.”

But the CPMC rebuild is contingent on the board approving the Cathedral Hill project. So the CNA mailer focused on what could happen if the city rejects the CPMC project: “We could lose two San Francisco hospitals if Scott Wiener is elected supervisor.”

SEIU-UHW’s alliance with downtown groups and its use of member dues to attack progressive candidates places it at odds with SEIU Local 1021 and the SF Labor Council, which has endorsed Janet Reilly in D2, Walker in D6, Mandelman in D8, and Cohen (first choice) and Chris Jackson (second choice) in D10.

“We’re really disappointed that there are labor organizations that feel they have to team up with Golden Gate Restaurant Association, which is against health care [it challenged the city’s Healthy San Francisco program all the way to the U.S. Supreme Court], and with CPMC, which is working to keep nurses from joining a union,” Labor Council Director Tim Paulson said. “This alliance does not reflect what the San Francisco labor movement is about.”

Paulson said that the Labor Council values “sharing the wealth … So we don’t want Measure B [Jeff Adachi’s pension reform] or K [Newsom’s hotel tax loophole closure, which has a poison pill that would kill Prop. J, the hotel tax increase pushed by labor] or L [Newsom’s sit-lie legislation],” Paulson said.

CPMC’s plan is headed to the board in the next couple months, although Sup. David Campos is proposing that the city create a health services master plan that would determine what city residents actually need. Hospital projects would then be considered based on that health needs assessment, rather than making it simply a land use decision as it is now.

Moss told the Guardian that UHW endorsed him because of his positions on politicians and unions. “I agreed that politicians should get not involved in union politics,” Moss said. “The United Healthcare Workers seem to be a worthy group,” he added. “All they said was that they wanted to make sure that they had access.”

But CNA member Eileen Prendiville, who has been a registered nurse for 33 years, says she was horrified to see UHW members recently oppose Campos’ healthcare legislation. “I was shocked that they were siding with management,” she said.

Prendiville believes UHW is obliged to support CPMC’s Cathedral Hill plan, which is why it is meddling in local politics. In his letter to the board, Browner noted that his company and its parent company, Sutter Health, can’t legally do so directly. “The fact is that CPMC and Sutter Health are 501(c)(3) not-for-profit, nonpartisan organizations, and we neither endorse nor contribute to candidates,” Browner wrote.

“When UHW settled its contract with its members [as part of its fight with the rival National Union of Healthcare Workers], they had to publicly lobby for Cathedral Hill,” Prendiville claimed.

SEIU 1021 member Ed Kinchley, who works in the emergency room at SF General Hospital, is also furious that UHW is pouring money into downtown’s candidates and measures. “UHW isn’t participating in the Labor Council, it’s doing its own thing,” he said.

Kinchley said UHW, which is currently in trusteeship after a power struggle with its former elected leaders, is being controlled by SEIU’s national leaders, not its local membership, which explains why it’s aligned with downtown groups that have long been the enemy of labor.

“Sutter wants a monopoly on private healthcare and people like Rafael Mandelman and Debra Walker have been strong supporters of public healthcare,” Kinchley said. “I want someone who can straight-up say, here’s what’s important for families in San Francisco, especially something as important as healthcare. But it sounds like UHW is teaming up with the Chamber and supporting people who are not progressive.”

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Downtown massively outspends progressives

17

With only three weeks until the election, downtown interests are massively outspending progressive groups.(Conservative estimates suggest a 5:1 ratio, based on an analysis of campaign finance disclosures at the Ethics Commission.) And these downtown interests have plenty in reserve, as cash is funneled into a bunch of improbably-named political action committees that hope to influence the outcome of district elections and local measures on the fall ballot.

The Alliance for Jobs and Sustainable Growth, which is backed by the Chamber of Commerce, the SF Police Officers Association, and United Health Care Workers, recently got an infusion of cash from the conservative-minded Building Owners and Managers Association and Golden Gate Restaurant Association. And the alliance is already spending gobs of money in support of Theresa Sparks in D6, Scott Wiener in D8 and Steve Moss in D10.

The Coalition for Sensible Government, which recently received a $100,000 injection of cash from the SF Association of Realtors, is spending in support of Sparks in D6, Wiener and Rebecca Prozan in D8, and Lynette Sweet and Moss in D10. The coalition is also spending in support of Proposition G (transit operator wages) and Prop. L (Newsom’s sit-lie legislation)  and in opposition to Prop. M (community policing/ foot patrols) and Prop N (property transfer tax).

And a PAC consisting of the Coalition for Responsible Growth, Plan C, San Franciscans for a Better Muni, SF Forward (sponsored by the SF Chamber of Commerce and SPUR) received $85,000 from the Committee on Jobs, $60,000 from the SF Association of Realtors, and $35,000 from SF Forward.

This PAC, which has already spent $466,000 this year, recently plunked down $1,000 to produce a voter guide for Plan C–a group that focuses on condo conversions and is endorsing Sparks in D6, Wiener in D8, and Sweet (as its first ranked choice) and Moss (as its second ranked choice) in D10.

It isn’t surprising that downtown PACs have deep pockets and almost identical slates. But it is a bit of a shocker that their slates are apparently almost identical to the Small Business Advocates, a group that has somewhat differing values and only a couple hundred members.

Reached by phone, SBA director Scott Hauge said the group has a couple hundred members–and claimed that SBA’s Board supports Sparks in D6, Moss in D10, and supports Measures G, K, L and opposes Measures J, M & N.

Hauge acknowledged that these positions are identical to those of downtown interests.
“We have been working with large companies,” Hauge said, claiming that small and big business’ interests are “the same” in this particular election cycle.

To date, neither the Chamber’s Steve Falk nor UHW’s Leon Chow have replied to the Guardian’s calls about the genesis of their so-called Alliance for Jobs and Sustainable Growth (Chow posted a comment on our politics blog and that is really not the same as a live conversation.)

But Tim Paulson, executive director of the San Francisco Labor Council wasn’t afraid to go on record in opposition to the Alliance and its 2010 slate.

“We’re really disappointed that there are labor organizations that feel they have to team up with Golden Gate Restaurant Association, which is against healthcare, and with CPMC [California Pacific Medical Center], which is working to keep nurses from joining a union,” Paulson said. “This alliance does not reflect what the San Francisco labor movement is about.”

A door hanger that the Labor Council distributed in conjunction with the SF Democratic Party confirms that both organizations support Debra Walker in D6 and Rafael Mandelman in D8. But while the Dem Party supports DeWitt Lacy, Malia Cohen and Eric Smith (in that order) in D10, the Labor Council only supports Cohen and Chris Jackson (in that order) in D10.

But despite their differing D10 candidate slate, both these progressive groups support Measures J, M and N, and oppose Measures B, K and L.

“When we see the Hotel Council stoop to attack Mike Casey, one of the greatest labor leaders in SF history, for fighting hotels who want to take away healthcare and diminish the retirement benefits for workers who make $25K to $30K a year, that’s really disturbing,” Paulson said, referring to a recent op-ed in the SF Examiner that was written by Patricia Breslin, executive director of the Hotel Council.

“And any union that makes an alignment with groups that don’t share the values of the San Francisco Labor Council, that’s really disturbing to me and the Labor Council,” Paulson said.

Noting that downtown is spending buckets of money on the election, Paulson observed that the Labor Council’s values are about “sharing the wealth.”

“So we don’t want Measure B [Jeff Adachi’s pension reform] or K (Newsom’s hotel tax) or L (Newsom’s sit-lie legislation),” Paulson concluded. “And we have three solid weeks to do this.”

Realtors send deceptive mailer to SF renters

0

The San Francisco Association of Realtors, which has a long history of actively opposing the protection of tenants and rental housing, now wants tenants to believe it is on their side. The Realtors even recently formed and funded the Committee to Preserve Rental Housing to alert tenants about a ballot measure that they say favors dreaded rich people.

The only problem: It’s complete bullshit.

“Wealthy tenants will benefit most if Proposition F passes,” warns a mailer that landed this week in the mailboxes of San Francisco apartment dwellers, referring a local ballot measure that would allow renters to delay rent increases if they lose their job or their salaries dip by 20 percent or more.

But the mailer warns that the measure would somehow favor rich renters, citing this example: “Take a tenant whose annual income has dropped, for any reason, from $250,000 to $200,000. Under Proposition F, that tenant would be able to apply for financial hardship status and, at the discretion of a public official, qualify for financial relief.”

Yet the measure doesn’t really allow that scenario. Ted Gullicksen, director of the San Francisco Tenants Union, which helped draft the measure, points out that it only applies to renters who pay 33 percent or more of their incomes in rent, which in the Realtors’ example, would be a $5,500 per month home.

“Which, even in San Francisco, is pretty high,” he said. Plus, the Rent Board (that “public official” the mailer darkly warns of) could still tell that poor rich guy, sorry, you’re denied, perhaps it’s time to find a slightly cheaper place to live. But Gullicksen said he’s not surprised at such a deceptive attack from the Realtors (which formed the group on April 30 using campaign attorney Jim Sutton, downtown’s usual dirty trickster, according to an Ethics Commission filing).

“The Realtors over the years have increasingly taken the lead in fighting rent control measures, so they are now even more active than groups like San Francisco Apartment Association,” Gullicksen said, noting the Realtors have also pushed hard on ending condo conversion limits and other efforts to protect rental housing. “The individual Realtors are also landlords and speculators to a great degree.”

I called the Association of Realtors for comment and am waiting for a return call, but I’ll add their response as a comment if and when I hear back.

Gullicksen was confident renters would see through the mailer, particularly because it was required by law to include the line “major funding by San Francisco Association of Realtors.” He’s more worried about voter turnout, which could be low for the June 8 election. And even though two-thirds of San Franciscans are renters, they aren’t the most reliable voters and could constitute as low as 40 percent of voters in this election.

So if you rent, don’t be fooled and don’t forget to vote.

SF officials tap corporate cash

2

San Francisco’s $500 campaign contribution limit makes it tough for rich individuals and corporations to curry favor with local politicians, right? Well, not really. Actually, politicians can still tap wealthy interests for tens of thousands of dollars for their special events and pet projects, as long as they fill out a form called “Payments Made at the Behest of an Elected Officer” within 30 days.

Traditionally, those forms have been buried in the files of the Ethics Commission, but the agency recently put them online, a rare bit of user-friendly sunshine from this often-toothless watchdog body. A Guardian review of the forms shows it is almost exclusively the city’s most fiscally conservative elected officials who use this tactic, tapping a relatively small pool of downtown power brokers.

When Sup. Michela Alioto-Pier wanted to support a Bizworld Foundation event in December, she had Pacific Gas & Electric donate $5,000 on her behalf. Sup. Sean Elsbernd throws a big annual crab-feed fundraiser in February, with proceeds going to the Laguna Honda Foundation. The form for this year’s event isn’t in yet, but last year he got $5,000 each from all the top anti-progressive funders: Don Fisher, Dede Wilsey, Charles Schwab, Warren Hellman, Platinum Advisors, and the San Francisco Association of Realtors.

But far and away the biggest beneficiary of these kinds of corporate donations is Mayor Gavin Newsom, who submitted more than half the forms on file. For last year’s Sunday Streets events, he tapped the Hellman family for $30,000, Blue Shield for $10,000, his favorite developer Lennar for $10,000, and Lennar subcontractor CH2M Hill for $5,000. The year before, the top Sunday Streets donors (at $20,000 each) were California Pacific Medical Center (which is seeking city approval to build two new hospitals) and Catholic Healthcare West.

For his swearing-in events in 2008, Newsom tapped old family friends Gordon and Ann Getty for $30,000, the Fisher family for $20,000, and Charles Schwab, Dede Wilsey, and Marc Benioff for $15,000 each. And, of course, PG&E gave him $10,000.

When Treasurer Jose Cisneros was starting his Bank on San Francisco program in 2008, he had Wells Fargo donate $20,000. When Sup. Bevan Dufty wanted to create Mission High School scholarships in his name, he called his friends Denise and John York, owners of the 49ers, to cut a check for $19,000.

Only one official from the progressive side of the local political spectrum turned to these big donations for help, and that was then-Sup. Aaron Peskin in 2007, when he wanted to raise $84,000 to buy a Telegraph Hill property to turn into open space. His top donors were the Gerson Bakar Foundation for $34,000 and 1301 Sansome LLC for $15,000.

So if you want to find out how downtown corporations are supporting the politicians they favor, keep your eye on this valuable new online resource.

No more silence on Prop. 16

0

EDITORIAL Pacific Gas and Electric Co. has found few allies in its effort to halt the spread of public power in California. The Sacramento Bee has come out strongly against PG&E’s initiative, Proposition 16 on the June ballot. Los Angeles Times columnists have denounced it. Six Democratic leaders in the California Senate have called for the company to withdraw the measure. Even the California Association of Realtors, hardly a radical environmental group, has come out strongly against the measure, in part because it’s so badly worded that it could halt residential and commercial development in large parts of the state.

But PG&E has already set aside $30 million to try to pass this thing — and since the cities and counties that would be hit hardest can’t use public money to defeat it, elected officials across the state need to be using every opportunity they have to speak out against it.

Prop. 16 is about the most anti-democratic measure you can imagine. It mandates that any local agency that wants to sell retail electricity to customers first get the approval of two-thirds of the local electorate. The two-thirds majority has been the cause of the debilitating budget gridlock in Sacramento, and it will almost certainly end efforts to expand public power or create community choice aggregation (CCA) co-ops in the state.

It actually states that no existing public power agency can add new customers or expand its delivery service without a two-thirds vote — which means, according to former California Energy Commissioner John Geesman, that no new residential or commercial development in the 48 California communities that have public power could be given electricity hook-ups.

It also, of course, eliminates the possibility of competition in the electricity business, making PG&E the only entity legally allowed to sell power in much of Northern California. That’s a radically anti-consumer position that most residents of the state would reject — if they understood it.

And there’s the problem. With PG&E spending $30 million (of our ratepayer money) promoting this, using misleading language and a campaign based on lies, and with very little money available for a counter-campaign, it’s going to be hard to get the message out.

That’s why every single elected official, candidate for office, and political group in the state that isn’t entirely bought off by PG&E needs to loudly oppose it, now.

And there’s still a lot of silence out there.

State Sen. Mark Leno and Assembly Member Tom Ammiano, to their credit, are not only opposing Prop. 16, they are helping lead the campaign against it. Sup. Ross Mirkarimi has helped build the coalition that’s running the No on 16 effort. The San Francisco Board of Supervisors has passed a resolution opposing the initiative. Sup. Bevan Dufty, who is running for mayor, is a public opponent. State Sen. Leland Yee’s office told us he opposes it (although he hasn’t made much of a big public issue of the measure). Same for City Attorney Dennis Herrera.

But where is Mayor Gavin Newsom? Where is District Attorney Kamala Harris, who is running for attorney general? Where’s Rep. Nancy Pelosi and Sens. Dianne Feinstein and Barbara Boxer? Where’s the City Hall press conference with the mayor and every other elected official in town denouncing Prop. 16 and urging San Franciscans to vote against it?

The silence is a disgrace, and amounts to a tacit endorsements of PG&E’s efforts.

And it’s happening at the same time that the supervisors are pushing against a tight deadline to get the city’s Community Choice Aggregation program up and running.

San Francisco is the only city in the United States with a federal mandate to sell public power, and the city is moving rapidly to set up a CCA system. This is a monumental threat to the city — and everyone either in office or seeking office needs to recognize that and speak out. Prop. 16 and CCA ought to be a factor in every local organization’s endorsements for Democratic County Central Committee and supervisor this year, and any candidate who can’t stand up to PG&E has no business seeking office in San Francisco.

Editorial: No more silence on PG&E’s statewide power grab

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Every single elected official, candidate for office, and political group in the state that isn’t entirely bought off by PG&E needs to loudly oppose Prop. 16 – now

EDITORIAL Pacific Gas and Electric Co. has found few allies in its effort to halt the spread of public power in California. The Sacramento Bee has come out strongly against PG&E’s initiative, Proposition 16 on the June ballot. Los Angeles Times columnists have denounced it. Six Democratic leaders in the California Senate have called for the company to withdraw the measure. Even the California Association of Realtors, hardly a radical environmental group, has come out strongly against the measure, in part because it’s so badly worded that it could halt residential and commercial development in large parts of the state.

But PG&E has already set aside $30 million to try to pass this thing – and since the cities and counties that would be hit hardest can’t use public money to defeat it, elected officials across the state need to be using every opportunity they have to speak out against it.

Prop. 16 is about the most anti-democratic measure you can imagine. It mandates that any local agency that wants to sell retail electricity to customers first get the approval of two-thirds of the local electorate. The two-thirds majority has been the cause of the debilitating budget gridlock in Sacramento, and it will almost certainly end efforts to expand public power or create community choice aggregation (CCA) co-ops in the state.

It actually states that no existing public power agency can add new customers or expand its delivery service without a two-thirds vote — which means, according to former California Energy Commissioner John Geesman, that no new residential or commercial development in the 48 California communities that have public power could be given electricity hook-ups.

It also, of course, eliminates the possibility of competition in the electricity business, making PG&E the only entity legally allowed to sell power in much of Northern California. That’s a radically anti-consumer position that most residents of the state would reject – if they understood it.

And there’s the problem. With PG&E spending $30 million (of our ratepayer money) promoting this, using misleading language and a campaign based on lies, and with very little money available for a counter-campaign, it’s going to be hard to get the message out.

That’s why every single elected official, candidate for office, and political group in the state that isn’t entirely bought off by PG&E needs to loudly oppose it, now.

And there’s still a lot of silence out there.

State Sen. Mark Leno and Assembly Member Tom Ammiano, to their credit, are not only opposing Prop. 16, they are helping lead the campaign against it. Sup. Ross Mirkarimi has helped build the coalition that’s running the No on 16 effort. The San Francisco Board of Supervisors has passed a resolution opposing the initiative. Sup. Bevan Dufty, who is running for mayor, is a public opponent. State Sen. Leland Yee’s office told us he opposes it (although he hasn’t made much of a big public issue of the measure). Same for City Attorney Dennis Herrera.

But where is Mayor Gavin Newsom? Where is District Attorney Kamala Harris, who is running for attorney general? Where’s Rep. Nancy Pelosi and Sens. Dianne Feinstein and Barbara Boxer? Where’s the City Hall press conference with the mayor and every other elected official in town denouncing Prop. 16 and urging San Franciscans to vote against it?

The silence is a disgrace, and amounts to a tacit endorsements of PG&E’s efforts.

And it’s happening at the same time that the supervisors are pushing against a tight deadline to get the city’s Community Choice Aggregation program up and running.

San Francisco is the only city in the United States with a federal mandate to sell public power, and the city is moving rapidly to set up a CCA system. This is a monumental threat to the city – and everyone either in office or seeking office needs to recognize that and speak out. Prop. 16 and CCA ought to be a factor in every local organization’s endorsements for Democratic County Central Committee and supervisor this year, and any candidate who can’t stand up to PG&E has no business seeking office in San Francisco.

Hard Times Handbook

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It’s tough out there. The recession is supposed to be over, although you’d never know it to walk the streets of San Francisco. But we’re here to help; our Hard Times Handbook offers tips on bargains, deals, and discounts to make those fewer dollars go further.

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Broke doesn’t mean bored

Eight great ways to have fun in San Francisco for $5 or less

By Johnny Funcheap

Living on a tight budget and still trying to have fun in San Francisco is a near impossible task. This is an expensive city, thanks to the reality that everyone wants to live in the tiny 49-square-mile cultural oasis — driving up rents and the cost of just about everything else.

Despite its reputation, the city is actually getting slightly more affordable, if ever so relatively. (In 2008 San Francisco actually fell in the rankings of most expensive cities in the U.S. from fourth to fifth.)

Leading the charge toward making the city a more affordable place to have fun are numerous businesses, government-run sites, and co-ops that are trying to survive in the recession themselves — and using big discounts and fun free events to try to lure you in.

Here’s a list of my favorite deals and freebies I’ve found so far for 2010.

CAFÉ ROYALE

Waving the flag high for nightlife in the Trendynob with its curved couches and velvet curtains is the cozy beer and wine bar Café Royale. This late-night venue (it’s open until 2 a.m. Fridays and Saturdays) stages more than 20 nights of free events each month, an eclectic mix of live entertainment that includes jazz bands, Beatles karaoke, book readings, slam poetry, stand-up comedy, and even the odd accordion night. You can dine on small plates and noshables until the wee hours, and wash them down with a robust selection of wines by the glass and creatively yummy Soju cocktails like the Pom Pom and Creamsicle. And for billiards fans, Café Royale has one of the few three-quarter size tournament tables in San Francisco at just 75 cents a game.

800 Post at Leavenworth. 415-441-4099. www.caferoyale-sf.com

COUNTERPULSE

More an arts and culture community hub than just a performance space, CounterPULSE serves as a home and venue for a diverse mix of local artists, dancers, and playwrights to practice and showcase their latest works. A majority of the events at this nonprofit theater (plays, dance performances, as well as classes and workshops) are free. For more elaborate productions that require tickets, CounterPULSE has a wonderful “no one turned away for lack of funds” policy. You can also get in free by donating a few hours of your time to the volunteer usher program.

1310 Mission at Ninth St., 415-626-2060. www.counterpulse.org

$5 MOVIE NIGHT

Saving money on going out to the movies used to mean you had to blag your way to a cheap ticket using a long-expired student ID or arrive by lunchtime to save a few bucks on a matinee ticket. The historic Roxie Theater has done away with all of those shenanigans, at least on Monday nights, with cheaper-than-matinee prices ($5) to all films (except for the odd film festival or special screening when regular ticket prices still apply). This stalwart of the Mission District, which recently celebrated its 100th birthday, is an independent art-house theater that shows limited-run art, music, foreign, and documentary films on two small screens.

Roxie Theater, 3117 16th St., 415-431-3611. www.roxie.com

BART DISCOUNTS AND FREE RIDES

You didn’t think BART — notoriously expensive for commuters — could be the source of cheap events, did you? Well, mybart.org, run by the transit system, lists a calendar of free events that take place close to BART stations. The site also gives you access to an constantly updated bevy of special discounts like two-for-one theater tickets, museum discounts, and heavily-discounted tickets to Warriors and Cal basketball games. For those of you who only respond to free, mybart.org also puts together ticket contests with different prizes each week, like the chance to win one of five preloaded $50 BART tickets.

www.mybart.org

PIER CRABBING

Hell with Fisherman’s Wharf and its giant crab sign. Forget the pricey crab dinners at local restaurants. You can learn how to be your own crusty crab-fisher, right in the shadow of the Golden Gate Bridge. The National Park Service staffers at the historic Fort Port (built in the 1850s) give free pier-crabbing demonstrations every Saturday morning from March to October. After the class, they’ll even loan you crabbing equipment so you can put your newly-learned skills to the test. Space is limited and advanced reservations are required.

Fort Point, Marine Drive, Saturdays, 10 a.m.–noon, March–Oct. (415) 556-1693 www.nps.gov/fopo

THE HISTORY OF BAY AREA ROCK ‘N’ ROLL

Feeling nostalgic? You can get a taste for the era when the Bay Area and the psychedelic music scene were the center of the rock ‘n’ roll universe at the Museum of Performance and Design’s free history exhibit “Something’s Happenin’ Here: Bay Area Rock ‘n’ Roll 1963-73.” On display at this one-of-a-kind exhibit are the full-size original painting that made in onto the Grateful Dead’s “Anthem in the Sun” album cover, costume pieces worn by stars like Janis Joplin and Sly Stone, and original posters from the Fillmore and the Avalon Ballroom, along with a collection of previously unseen rock photos. Visitors can also listen to rare audioclips and watch vintage film footage they probably never knew existed. Exhibit runs through Aug. 28. It’s free, but the museum suggests a $5 donation.

Museum of Performance and Design, Veterans Building, 401 Van Ness, Fourth Floor. Wed.–Sat., noon–5 p.m. www.mpdsf.org

AMERICAN BOOKBINDERS MUSEUM

If you’re really looking for a blast from the past, check out the free exhibit at this little-known museum. Bookbinding is the art of physically assembling and sewing the pages and spine of a book by hand — a skill that was made essentially obsolete (at least, for the purpose of mass-production) with the dawning of the Industrial Revolution. But the nonprofit American Bookbinders Museum, part of a working bookbindery that still practices this art, documents the history of how books used to be put together with exhibits celebrating the skilled artisans who bound books, samples of vintage papers, and a maze of large and terrifying-looking 19th- and early 20th-century binding and cutting machines (many of which could cut off all your fingers in one go if you stood too close).

1962 Harrison at 16th St., Saturdays, noon–4 p.m. and by appointment, (415) 710-9369. www.bookbindersmuseum.com

SAN FRANCISCO BICYCLE COALITION

Unless you want to walk, there’s really no cheaper way to get around town than on a bicycle. And for the tens of thousands of San Franciscans who use bikes as their main mode of transportation, the Bike Coalition is a co-op knight in shining armor. The advocacy group, whose members successfully fought more than 200 miles of bike lanes in the city as well as bike access on Muni and BART, also puts on and sponsors a handful of events each month such as free urban cycling workshops to help you navigate the city streets safely, themed guided bike rides, and many other bike-friendly events. Membership starts at $35 per year, but many of their events are free for nonmembers or for a $5 donation.

www.sfbike.org

D-STRUCTURE

Owned by former pro skater and X-Games judge Azikiwee Anderson, D-Structure in the Lower Haight blurs the line between retail store, art gallery and performance space in a big way. Every month, this self-described “lifestyle clothing brand culture store” lets local artists take over the space and use the entire store as their canvas. For launch parties, which take place several times each month, the merchandise displays of urban hoodies and t-shirts and hip beanies are pushed to the walls to make room for DJs and events that range from art openings with live painting to indie rock shows, hip hop album release parties and film screenings. And did we mention the open bar? During its nighttime events, most of which are free and open to the public, D-Structure has been known to bring in a truck load of beer; that’s what happened on New Year’s Eve.

520 Haight, 415-252-8601, Mon.–Sat., noon–8 p.m.; Sundays, noon–6 p.m. www.d-structuresf.com

Johnny Funcheap runs FunCheapSF.com, a free SF-based service that uncovers and shares a hand-picked recommendation list of more than 50 cheap, fun, unique Bay Area events each week.

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Drink early and often

Five great happy hours that offer bargain booze — and amazing food deals

By Virginia Miller

BAR CRUDO’S HAPPY HOUR

About the best crudo (and some of the best seafood) anywhere, Bar Crudo’s new digs on Divisadero Street provide ample room for you and your friends. You want to go at happy hour; there’s free food and you can also get sweet deal on what is arguably one of the best seafood chowders around. A creamy bowl rich with fish, mussels, shrimp, squid, potatoes, and applewood-smoked bacon goes for $5 (normally $14). Oysters from British Columbia, Prince Edward Island, and Washington are normally $2.50 each, but only $1 during happy hour. Beer and wine specials rotate, $5 for wine or $3 for beer — and we’re not talking PBR. Bar Crudo is known for a broad selection of Belgian and artisan beers, not to mention some beautiful wines.

Mon.–Thurs., 5–6:30 p.m. 655 Divisadero.415-409-0679. www.barcrudo.com

SEAFOOD HAPPY HOUR AT SWELL

For happy hour with a touch of class — and an affordable price — you can’t beat Swell, a delightful, under-the-radar crudo/seafood restaurant. The post-work crowd gets $1 oysters — and not just any oysters, but our own local Point Reyes’ bivalves. There’s ceviche with kampachi and butterfish or mackerel bruschetta with garlic-ginger oil ($8 each). For imbibing, sip $6 Bellinis and Kir Royals or $6 glasses of chardonnay, syrah, or rosé.

Mon.–Thurs., 5–7 p.m. 603 Bush. 415-956-0396. www.swellsf.com

AVENUE LOUNGE’S FREE BRATS ON SUNDAYS

I’ll give you three words: bacon bloody marys. That alone makes it worthwhile trekking to Outer Sunset’s Avenue Lounge on a Sunday. But it gets better: buy any of the $3 well drinks or draft beers ($5 to upgrade to Belvedere or Hennessy in your cocktail) and they’ll throw in free brats and chips. Yes, you heard right: dogs, beer, and football on the flatscreens for $3. At that price, you could settle in all day.

Sundays, 10a.m.–2 a.m.. 1334 Noriega. 415-731-3757

NAMU’S FREE-FOOD MONDAYS

Monday night is free food night at Namu, the Richmond District’s gem of an Asian fusion restaurant that combines Korean and Japanese cooking techniques with Cali-fresh cuisine. With an order of sake, beer, or glass of wine, you can nibble on what Namu is dubbing “drinking food”: bite-size tapas, skewers, and spreads with Asian flair. If you can’t stay out late on a Monday night, there’s a weekday happy hour from 5-7 p.m.

Mondays, 9:30–10:30pm. 439 Balboa. 415-386-8332.www.namusf.com

DOSA ON FILLMORE’S SOUTH INDIAN HAPPY HOUR

This Pac Heights wing of Dosa has the feel of a chic London Indian restaurant, with striking chandeliers and gorgeous Indian-influenced cocktails. The happy hour rocks with a rotating selection of beer (like India’s Kingfisher), wine (maybe a Dona Paula Argentinean malbec) and, yes, those cocktails (how about “Mood Indigo,” i.e., Buffalo Trace bourbon, jackfruit marmalade, Angostura bitters, and a splash of sparkling wine) for a mere $5 each. For the same price, there’s a range of South Indian snacks like cochin calamari sautéed in coconut milk and served with a julienned salad, or a mung sprout salad with fresh lentils, tomatoes, ginger, cucumber, grated coconut, chile, and mustard-seed oil.

Mon.–Thurs., 5:30–7 p.m. 1700 Fillmore. 415-441-3672. www.dosasf.com.

Virginia Miller writes about food for sfbg.com and offers advice for great meals at theperfectspotsf.com

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Drinks on the cheap

By Caitlin Donohue

“No nation is drunken where wine is cheap, and none sober where the dearness of wine substitutes ardent spirits as the common beverage.” So said our illustrious forefather and part-time debaucher, Thomas Jefferson, on the importance of happy hour. We are proud of the brave bar-owning San Franciscan souls who have held true to his vision of a nation built on cheap booze and high spirits. Here assembled are their numbers, true patriots that they are.

BAR ON CHURCH

Some days you want to get drunk and throw peanut shells on the floor. This is a practice aided and abetted by the B.O.C., which serves up 50 cent PBR’s (that elixir from the heavens for the broke-as-hell contingent) and free peanuts from 4-8 p.m. on Saturdays. Sit down, throw one back and get nutty with it.

198 Church, SF. (415) 355-9211. www.thebarsf.com

TSUNAMI SUSHI

With more than 100 sake bottles on the menu, Tsunami is usually off-limits to those with holes in their pockets. Not so during happy Hour (Mon.-Fri. 5-8 p.m., Sat. 6-9 p.m.) when all bottles and selected maki rolls are half off. Try the Sho Chiku Bai nigori sake, a sweet, creamy, unfiltered 720 ml that’ll only run you $16 — ureshii yo!

Mon.–Fri. 5–8 p.m., Sat. 6–9 p.m. 301B King, SF. (415) 284-0111. www.dajanigroup.net

EL RIO

Ah, Mondays at El Rio. If shuffleboard and easy access to cheap burritos isn’t enough to pull you Outer Mission-ward, than peep their very special Monday happy hour: $1 Pabsts, $2 wells all the live-long day. Get you in with that and then tell us you can’t hang with the hipster hangouts.

3158 Mission, SF. (415) 282-3352. www.elriosf.com

KYOTO SUSHI

Japanese businessmen have a reputation for sealing big deals utterly, blackout snookered. Something about how you can only really know a man when he’s being slapped by the waitress for being fresh or passed out drooling on your suit jacket. At any rate, sushi restaurants like to get you drunk. Check out Kyoto, where the anytime special of draft Sapporos for 99 cents will compel you to raise one to the salaryman.

1233 Van Ness, SF.(415) 351-1234. www.kyotosushi-sf.com

BRAIN WASH LAUNDROMAT

Now here’s a multitask for you: get drunk, listen to good music, and wash your clothes. Only one spot in the city where that’s a go — and to celebrate the lineup of fresh tunes and clean threads, Brain Wash Laundromat is offering $1 Pabst during happy hour and $3 wine glasses all the time. Drop by for its acoustic open mic nights Tuesdays at 7 p.m.

1122 Folsom, SF. (415) 861-3363. www.brainwash.com

BEAN BAG CAFE

Not only does this sunny, warm café serve the most bangingest breakfast burrito and plethora of bean blends in the city, the folks there have a soft spot for the low-income set. Bean Bag proves it with $1.75 Stella Artois and 21st Amendment beers on tap; just the ticket for easing your way through that mid-afternoon caffeine-booze transition. Just don’t spill on the laptop and you’re golden, you pillar of the community, you.

Bean Bag Café. 601 Divisadero, SF. (415) 563-3634 *

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How to fight foreclosure

By Caitlin Donohue

You’ve finally found your dream home, an apartment so well-loved even you can afford it. You settled in, cleaned the carpet, set the mouse traps … and then the eviction notice arrives: your landlord’s been foreclosed on. And the bank that owns the place now wants you out.

It’s happening a lot in this city, where tenants get caught in the financial meltdown through no fault of their own. But don’t panic: in most San Francisco buildings, foreclosure isn’t a legal grounds for eviction. But you’ll have to stand up for your rights.

Here’s what the San Francisco Tenants Union advises:

If you sense your landlord’s at the brink of foreclosure, watch for telltale signs: realtors checking out the property or repairs that go unresolved. Keep in mind that lack of money is no defense for maintaining property, so call the Department of Building Inspections at 415-558-6200 for help with holding property-owners to their repair responsibilities.

Once the eviction notice due to foreclosure arrives, find out if you are covered by rent control. If you aren’t (if your rental was built after 1979 then you definitely aren’t) the bank has the power to evict you within 90 days. If you do have rent control, you have eviction protection. This means the bank can’t evict you or raise your rent.

Unfortunately, the bank might not know that if it’s based outside the city or state. Ignore the letters to vacate and contact the bank of its property agent directly to let them know you have protection. Then file a wrongful eviction petition with the SF Rent Board, which also handles cases from Oakland, Berkeley and West Palo Alto (forms available at the office at 25 Van Ness, SF or online at www.sfgov.org/rentboard).

Rent control or no, landlords can only collect rent on foreclosed properties until the deed of trust has gone to the bank. Determine who has control of your property to avoid paying rent twice. This information is available at the City Assessor’s Office at 415-554-7915. Send letters to the bank and to your landlord saying you have the money but don’t know who to pay. Until you can determine who has control, don’t pay rent.

For more resources, check out SF Tenants’ Union Web site at www.sftu.org.

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Avoid check-cashing fees

By Caitlin Donohue

ATM charges, big old monthly fees, frustrating commercials — oh Lord, save us from these banks! But you can’t live without ’em either — the average unbanked American spends 5 percent of his or her income at the check-casher. In San Francisco, we drop a total of $40 million a year accessing our own money — not to mention how much goes toward money order fees.

Enter the Bank of San Francisco, the mayor’s brainchild that allows city residents to open a checking or savings account for $5 a month or less. The bank is open to those without Social Security numbers as well as residents who have a poor record with accounts in the past. Go to www.bankonsf.org for more information on the program, or keep an eye peeled for one of the 140 participating city banks that have a “Bank on SF” sign in their window. There’s no reason to pay check-cashing fees any more.

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Food so cheap, it’s free

Let’s level here: how broke are you? Two-for-one beers and discounted oysters are all well and good for the casually unmonied, but there are times when one needs a real deal on nutrition — like, food that really is free. If we’ve got your number, here’s the Web site for you: www.freeprintshop.org, whose printable calendar lists 20 organizations that dish up meals open to all comers, including Food Not Bombs’ vegetarian dinners, which are served four times a week in U.N. Plaza. Free Print Shop gets the posthumous thumbs-up from Abraham Maslow: the up-to-date info on shelters, mental health, and neighborhood resources in the city has the bottom tier of your hierarchy of needs covered. Except for maybe the sex part; that might be another Web site. (Caitlin Donohue)

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Inner peace, by donation

It is said that whenever Buddha would speak to an audience that had not yet recognized him as their spiritual teacher, he would first expound on the concept of dana, or giving. If the listeners were unable to grasp this basic principle, he knew they weren’t ready for the Four Noble Truths.

Would that all yoga studios were this enlightened. I mean, $20 for 90 minutes of inner peace?

We are lucky that with a little bit of looking one can find financially accessible ayurveda even here, in the city of yoga-yuppies. Case in point: Yoga to the People, whose beautiful new Mission District studio (and fixture Berkeley location) offers three classes a day by donation, some of them by candlelight and all of them dana approved. And they’re not the only ones. Here’s a list of places that will relieve that tension you’ve been holding, including the strain in your wallet. (Caitlin Donohue)

YOGA TO THE PEOPLE

Class schedule online, donations

2673 16th St., SF

64 Shattuck, Berkeley

www.yogatothepeople.com

GREY AREA FOUNDATION FOR THE ARTS

Mondays, 6-7:30 p.m., donations

55 Taylor, SF

www.gaffta.org

SPORTS BASEMENT

Sundays, 1-2:30 p.m., free

1590 Bryant, SF

(415) 575-3000

LAUGHING LOTUS

Mon.-Fri. 2:30–3:45 p.m., donations

3261 16th St., SF

(415) 335-1600

www.laughinglotus.com

SATORI YOGA STUDIO

Mondays, 4:15– 5:15 p.m., free

40 First St., SF

(415) 618-0418

www.satoriyogastudio.com

PURUSHA YOGA

Saturdays, 11 a.m., free

Main entrance of Botanical Gardens

Golden Gate Park

Ninth Ave. and Lincoln Way, SF

(415) 694-8412

www.purushayoga.org

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Learning to love the rec centers

With free gyms, darkrooms, and play areas, city rec centers may be the athlete (or artist’s) answer to the bum economy

By Molly Freedenberg

I’ve always though of recreation centers as places where kids took cheap summer camp classes or attended awkward junior high school dances. But these city-funded centers are actually some of the coolest, most affordable, and least appreciated resources any community has to offer — and especially so in San Francisco.

From weight rooms and basketball courts to dance studios, dog parks, and performance-ready auditoriums, SF’s neighborhood centers offer a variety of resources for budget-conscious adults as well as their kids. Use of most facilities is free (or, on rare occasions, costs a nominal fee) and classes and workshops are priced low with a sliding scale and scholarship option.

Why does the city allocate $34.5 million in general fund support to maintain these centers every year? According to Elton Pon, spokesperson for the Recreation and Park Department (which also oversees public spaces like Golden Gate Park and Coit Tower), “they keep the city sane.”

We’ve outlined the resources at some of our favorite centers, but check parks.sfgov.org for a full list, sfreconline.org for programs, or call (415) 831-5520 for information on renting rec center buildings.

CHINESE RECREATION CENTER

This Nob Hill neighborhood center caters primarily to youth in Chinatown, which is most apparent weekdays after 3 p.m. when its gym areas fill up with teenage boys. But everyone can enjoy volleyball, basketball, and even dance in its indoor gym, outdoor hoops, and mini weight room. The secret to getting some grown-up time? Visit early on weekdays or after 7 p.m.

1199 Mason. (415) 292-2017

EUREKA VALLEY REC CENTER

Well-maintained and recently renovated, this Castro District facility is a favorite for its resources and fantastic location (there’s a grocery store right next door, not to mention the full Castro shopping corridor a block away). Parents love that the indoor and outdoor play areas are especially good for toddlers. Dog-owners love the enclosed dog run. Sporty adults appreciate that the basketball court is regularly relacquered, while event planners focus on the auditorium with raised stage and 70-seat capacity. Special bonuses? An LGBT Teen Center and an especially girl-friendly gym scene.

100 Collingwood. (415) 831-6810

HARVEY MILK ARTS CENTER

Geared more toward artists than athletes, this recently reopened center in Duboce Park is a dream-come-true for creative-leaning folks on a budget. With dark room, dance studio, costume room, meeting spaces, and variety of other opportunities, HMAC is a fantastic and affordable alternative to adult education courses, expensive dance studios, and booked-up theater spaces.

50 Scott. (415) 554-9523

MISSION REC CENTER

This hidden gem, often overlooked by athletes headed to Mission Cliffs, offers everything your K-12 schools did — without the homework or early call-time. Mission Rec provides a weight area, ping pong tables, squash courts, a dance studio (complete with floor-to-ceiling mirrors and enclosed storage space), basketball court, outdoor playground area, and a full auditorium with stage and curtains (and food prep area).

2450 Harrison. (415) 695-5014

POTRERO HILL REC CENTER

Most people notice the baseball fields first — a full-block expanse of green, grassy oasis in the center of what’s still mostly an industrial area. But this city property also offers a well-maintained indoor basketball court, recently revamped playground, decent tennis courts (though lights rarely work), and a dog-friendly area that notoriously extends to the rest of the park when games aren’t in session. Not feeling sporty? Check out the infamous mural of O.J. Simpson (who apparently used to frequent the park as a kid) or the fantastic view of the city and the bridge from the south/southeast end of the park.

801 Arkansas. (415) 695-5009

RICHMOND REC CENTER

Catering primarily to the very young and the very old, people in the middle can certainly appreciate this classic neighborhood meeting spot. Play badminton, volleyball, or take advantage of the dance studio (where many city dance programs are held). Or just people-watch: weekdays are great for spying toddlers in the big indoor play area or quieter play-and-craft spot; weekends are when older Asian ping pong masters take over.

251 18th Ave. (415) 666-7020

UPPER NOE REC CENTER

Newish, bright, and clean, this well-loved and well-funded facility also is one of the few with its own Web site (hosted by friends of the Noe Valley Recreation Center). The bright, shiny spot offers indoor and outdoor basketball courts, a playground, baseball field, tennis court, dog park, and (according to parents-in-the-know), an inordinately nice sandbox. Indeed, this spot is known for being especially good for babies and toddlers. Another bonus? A multipurpose room that can be rented for small events features an A/V system, stage area with upgraded theater curtains, and a large movie screen with a projector.

30th Sreet, west of Church. (415) 695-5011. www.noevalleyreccenter.com

The Big Zero – SF version

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By Steven T. Jones
bfz001.jpg
I can’t stop thinking about Paul Krugman’s wonderfully biting recent commentary, “The Big Zero,” and his persuasive point that in the last decade, “we achieved nothing and learned nothing.” The Nobel laureate economist was talking about the national economy, but I think his point can also be applied to other realms as well, and specifically to San Francisco.

Sprawl development and over-reliance on the automobile have strained public resources and contributed to global warming, bad air quality, and diminished quality of life. The bursting of the housing bubble and its related lies shows clearly that most people can’t afford to buy a home and must rent. Stagnant wages, decimated 401Ks, and the dead promise that we’ll be OK if we work hard and play by the rules show that we’re all in the same boat, equally vulnerable to hard times and ultimately dependent on government and each other if things really get bad.

So what are we doing with these lessons learned? The core of this city’s housing policy is to simply let an untrustworthy, financially weak corporation, Lennar, build 16,000 homes – the vast majority for sale at pricey market rates – in the two most isolated parts of the city: southeast SF and Treasure Island (which will need to be severely hardened against rising seas). And to make it worse, Mayor Gavin Newsom’s big revenue idea is to let rich people buy their way out of the condo conversion lottery, further depleting the rental stock relied on by two-thirds of city residents.

We’re promoting shitty private sector jobs at all cost (including refusing to adequately tax big corporations) and cutting public sector jobs that have good pay and benefits without a thought, in the process hurting our public health and social service functions. Newsom is still taking his cues from the realtors, landlords and Chamber of Commerce – who have all been so obviously wrong in their advocacy this decade – and refusing to even meet with advocates for tenants, immigrants, environmentalists, and the working class, the very people who most need the help and attention of the Mayor’s Office.

To me, being a progressive simply means that we can do better, that we can progress, that we can learn from the past to improve the future. So Krugman’s insightful column should be a wake-up call, a needed reminder that the economic conservatives like Newsom have been dangerously wrong and that we need to chart a new course.