Housing

Supervisors hope to halt foreclosures with new resolution

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John Avalos introduced a resolution today urging support for homeowners facing foreclosure in San Francisco. The resolution calls for several actions, including suspending all foreclosures until state and federal measures to protect homeowners are in place.

Sponsors of the resolution Avalos, David Chiu, Jane Kim, Eric Mar, and Christina Olague joined a coalition of community organizations to explain the resolution at a press conference.

The resolution would call for support of a statewide Homeowners Bill of Rights, a series of bills that would address predatory loans and robosigning, as well as California Attorney General Kamala Harris’s campaign for a statewide suspension on foreclosures in properties controled by Fannie Mae and Freddie Mac. It also “urges all city and county officials and departments to work proactively to ensure that San Francisco residents do not fall victim to unlawful foreclosure practices,” as Avalos explained.

Supervisors cited a report released in February by Assessor Phil Ting as one of the reasons for the resolution. The report found “irregularities” in 99 percent of foreclosure documents in San Francisco between 2009 and 2011, and “what appear to be one or more clear violations of the law” in 84 percent of cases. 

The resolution’s language also names “predatory banking practices that disproportionately targeted racial and ethnic minority communities, especially working class African Americans and Latinos” as an impetus for the resolution, noting that “from 2007 to 2008, Wells Fargo, and mortgage lenders it has since acquired, was 188 percent more likely to put African American borrowers and 117 percent more likely to put Latino borrowers into higher-cost, subprime loans.”

“What we see around foreclosures is that we have a systemic problem,” said Campos. Over 1,000 homes in San Francisco are currently in the process of foreclosure, 

Supervisor Kim connected the issue to another systemic problem affecting San Francisco, that has been a recent topic of discussion at City Hall: family flight. 

“We do have many low-income families that are actually homeowners in the city, primarily in the southeast sector. But how they afford to buy homes is by squeezing often two to three families in these homes in the southeast. So we’re talking about not just one household when we foreclose on a home, we’re often talking about two, three families with multiple youth and seniors,” said Kim.

“This is something that has been an important issue for many of our supervisors across the political spectrum, is how to retain families in San Francisco. Stopping foreclosure has to be a key part of that.” 

A few supervisors congratulated community organizers for focusing on the foreclosure crisis.

“I want to thank Occupy Bernal for not only shedding light on what’s happening in Bernal Heights, but realizing that the foreclosure crisis that we’re facing is something that involves all of us. Every single neighborhood,” said Campos.

The resolution was introduced to the Board of Supervisors March 20. It will be discussed further at the Land Use and Economic Development committee meeting April 2. 

If it eventually passes the Board of Supervisors, the resolution will be non-binding; a citywide foreclosure moratorium is likely not imminent. Yet many supporters expressed urgency and commitment for city action to address foreclosures. 

“When speaking with the sheriff about how we can stop evictions, what struck me most was he said that sometimes when we walk into these homes, we’ve found that people have committed suicide before the sheriffs even come in,” said Supervisor Kim. “This is a life and death issue for many of our residents.”

 

Families leaving SF: It’s housing costs, stupid

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City officials continue to wring their hands over why families are leaving the city, and I’m sure there are a number of factors, but I can tell you that from the people I know — families who live in the city or want to live in the city — it’s all about the cost of housing.C

Critics of the SFUSD like to say that families are leaving for better schools, but those families haven’t been paying attention to the tremendous strides the district has made in recent years. Yes, middle schools are still a challenge in some areas, and yes, not all the public schools are great, but overall, most families that make the effort to find a quality school for their kids can do it.

The folks I know who work in the city hate the idea of living in the burbs. Nobody wants to commute across that bridge or through the BART tunnels every day; more important, nobody wants to be on the other side of the Bay from their house and their kids when the Big Earthquake hits. The problem is the money.

You want to keep families in San Francisco? Building housing for multimillionaires isn’t going to do it. If it were up to me, I’d float about a $5 billion revenue bond, buy up all the housing on the private market, put it all in a land trust and resell it — with the provision that the buyers had every right of ownership except the right to sell for a profit. That’s not likely to happen — but the city has to get serious about both building new affordable housing and (even more important) preserving what’s already there.

Yes, a lot of families want to buy a house, but a lot of families would be happy with a decent, affordable place to rent. Particularly if they knew that they wouldn’t be evicted so a richer person can buy or rent the place. What most families want is stability — they want to know where they’re going to live not just this year but when their kids are older. So many renters in this town live in such fear of eviction that it’s a huge incentive to move somewhere else.

You can talk about parks and playgrounds and youth programs, but San Francisco’s never going to be as family-friendly as we’d all like unless we can do something about housing costs and rental stability.

 

The case for a study of the economic impact of market rate housing

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“SF’s rush toward the ultimate highrise” read the headline on the Guardian front page of Sept. 27, 1971. The headline and the graphics by Art Director Louis Dunn illustrated the central point of our bombshell study: that despite the rhapsodies of  the Chamber of Commerce and the big developers, highrise commercial buildings don’t produce gushing revenues and they don’t pay for themselves.In fact, our exclusive study of the downtown highrise district  found that “for every $10 the district yields to the city treasury, the city has to provide $11 in services.

“Put another way: the highrise district contributes $62.9 million, or 25.2% of all locally generated municipal revenue.  But it costs $67.7 million, or 25.2% of all locally financed expenditures (figures from fiscal 1970.

“This means taxpayers subsidize–35 cents or so on the tax rate in fiscal 1970–the construction and maintenance of our civic monuments–the Bank of America building, the Transamerica building, the Hilton Hotel–and soon, another 23 skyscrapers that will be taller and bulkier and more  expensive than ever for residents and taxpayers.”

Project Director Tom Lehner, a San Francisco resident and expert on urban policy from UC-Berkeley’s School of Public Policy, made the crucial point: :”This report overturns once and ffor  all, emphatically and conclusively, the conventional wisdom that downtown skyscrapers somehow provide the municipal treasury with its lifeblood.

“Anyone who thinks for a moment about what’s happening in New York,” Lehner added, “will come to the same conclusion as our study did.  But the air’s been so full of propaganda from the Chamber of Commerce and other downtown interests like the Examiner and Chronicle that it’s difficult to have a clear thought about the subject.”  The economic  fact that taxpayers subsidize highrise development has become gospel and helped provide the ammunition for the slow growth movement on commercial highrises that ultimately won on the Proposition M  initiative in 1986.

Below is the  PDF that shows our study with the Louis Dunn drawings: scroll  through.

http://test.sfbg.com/PDFs/highrise.pdf

Today, the burning issue is the luxury building at 8 Washington and the host of market rate developments already built or in the works and their impact on neighborhoods. And today the city needs a study that can provide the facts on the economic impact of market rate development and how neighborhoods can cope with the impacts in an era of “now new taxes.”

Tony Kelly is the president of the Potrero Hill Boosters and one of the most knowledgeable neighborhood activists on the market rate housing front.  He and the Boosters are dealing with the Mission Bay Landrush and the city’s plan to flood the Eastern Neighborhoods with market rate housing. His take is most instructive on why a study is needed:

‘”During the Eastern Neighborhoods re-zoning in 2008, I saw neighbors who supported development turn into NIMBYs overnight as soon as they realized that building market-rate housing in San Francisco doesn’tpay for itself, or much of anything else.  On Potrero Hill, we spent an entire decade working on neighborhood planning that was supposed to  
give us new parks, new transit lines, and better schools in a part of town that desperately needs all of that.  And then, when the new zoning was finally approved … … we found out that none of those improvements made it over the finish line. 


“The impact fees for the new development won’t even come close to providing the transit, parks, schools or infrastructure that the new residents need, let alone those of us who are already here in a very underserved part of town.  I shouldn’t really have to remind you that the new housing isn’t affordable for City residents.  And the Planning  
Department’s own study from 2008 confirms that when you build market-rate housing, you create a bigger need for affordable housing – more than you are getting in affordable housing fees or inclusionary units.

” So, with every new market rate housing unit, we are falling further behind on everything the City needs to do to support neighborhoods.  And the increased property taxes are all going to the General Fund, to support services elsewhere in the City.  Who in their right minds, in any neighborhood, would sign up for such a deal?

“Now, on this side of town, we are stuck with development plans that are designed to double the populations of district 10 and district 6 in the next 20 years.  In my neighborhood, Potrero Hill, the population will triple. And now we have to figure out how to support this booming population without much help from City Hall.

“The new condominium projects that the Potrero Boosters Neighborhood Association has already seen in the past few months reveal the consequences of the Eastern Neighborhoods rezoning—thousands of condos and apartments (and thousands more residents) coming to the neighborhood, with very few opportunities for children or families, and not much planning from the City for alternatives to automobiles.  

“We cannot have urban density in our part of this City with suburban ways of living and getting around, and yet, that is what we have, now and in the future.  So in the neighborhoods, we have to plan (and takeaction) to create our own infrastructure, and not simply rely on what the City manages to give us.”

Kelly’s arguments against pellmell market rate housing is particularly strong for the city’s new frontier of Mission Bay and the Eastern Neighborhoods, but it applies to every neighborhood and the entire city.  This is why for starters the supervisors need to direct the budget analyst or the city’s economist to do a detailed study to help Tony Kelly and the rest of the neighborhoods deal properly with the onslaught of market rate housing.  b3

Editorial on the case against 8 Washington:
>
http://www.sfbg.com/bruce/2012/03/06/editorial-case-ag

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.

Paperwork snafu delays big condo project

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The developers of the 8 Washington project, who have already spent a sizable sum of money on legal, lobbying and prep work, have run into another setback: The March 8 hearing on the project’s shadow impacts has been postponed because of a missing public notice.

The hearing notice and the agenda for the joint meeting of the Planning Commission and the Recreation and Parks Commission wasn’t posted on the Rec-Park website, as required by state law, Linda Avery, the Planning Commission secretary, told us.

The joint meeting was set to consider the impact of shadows the project would cast on nearby Sue Bierman Park and to consider allowing increased shading. That approval is necessary before the project can move forward.

The problems with the public notice were brought to light by Zane Gresham, a lawyer with Morrison and Foerster who often represents developers. In a March 5 letter (PDF) to the two commission presidents, Gresham pointed out that the hearing notice describes the lot on Washington Street, where the project will be constructed, but never mentions the location of the park that will be shadowed.

“The notice misleads the public as to what lots would be affected by the proposed action and fails to disclose to the public the subject of the action to be considered,” the letter stated. “Because the instant hearing notice does not meet minimum legal standards, we respectfully request that no action be taken.”

Avery said that letter sparked a review of the entire notice, and city staffers discovered that it wasn’t properly posted. It also apparently fails to describe fully the action that the two commissions would take: they would to amend the acceptable shadow levels for the park, and then vote to apply those amendments to the 8 Washington development. Only the first type of action is mentioned in the paperwork.

It’s not clear who made the mistakes with the notices — but for a project of this magnitude, critics say it’s remarkable that the city and the developers can’t get the little details of posting a notice correct. “This is the gang that couldn’t shoot straight,” former supervisor Aaron Peskin told me.

The other mystery: Who hired Gresham to review the notice? His letter makes no mention of any specific client, and none of the leading public foes of 8 Washington have retained him. He hadn’t returned my calls and emails by press time.

AH, BUT HERE’S THE UPDATE: Chuck Finnie, who works for the lobbying firm BMWL, just called to tell me that Gresham represents Equity Office Properties, which runs the Ferry Building. EOP, a major national real-estate development firm, is unhappy because the 8 Washington project will wipe out a parking lot used by patrons of the Ferry Building’s businesses. “When EOP took on the job of restoring that building, part of the deal was that parking would be available,” Finnie said. “The Port is ignoring that responsibility.”

Gee, this condo enclave gets more and more unpopular by the day.
 

The case against 8 Washington

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tredmond@sfbg.com

In city planning terms, it’s a fairly modest project: 134 condos, no buildings more than 12 stories tall, on a 27,000-square-foot site. It’s projected to meet the highest environmental building standards and offers new open space and pedestrian walkways. It’s near Muni, BART, and ferry lines. And the city will collect millions of dollars in new taxes from it.

But the 8 Washington project, which will come before the Planning Commission March 8, has become a flashpoint in city politics, one of the defining battles of Mayor Ed Lee’s administration — and a symbol of how the city’s housing policy has failed to keep pace with the needs of the local workforce.

Put simply, it will create the most expensive condos in city history, housing for the richest of the 1 percent on the edge of the waterfront — and will further push San Francisco toward becoming a city that caters almost entirely to the very wealthy.

So in a city where the growing divide between the 1 percent and the rest of us has become a central issue and where the lack of affordable housing is one of the top civic concerns, 8 Washington is an important test. By any rational standard, this sort of development is the last thing San Francisco needs.

But some of the best-connected lobbyists in the city are pushing it. One of the mayor’s closest allies, Chinatown powerbroker Rose Pak, is a leading advocate — and the final outcome will say a lot about city politics in the Lee administration.

There are all sorts of half-truths and misleading statements by supporters of 8 Washington. Here are the five main reasons the project shouldn’t be approved.

1. It fills no housing need. San Francisco has no shortage of housing for the very rich; the dramatic need, outlined in both regional planning documents and the city’s own General Plan, is for low- and moderate-income housing for the people who actually work in this city (see “Dollars or sense?” 9/28/10). While San Francisco is getting richer by the day, the core workforce — public employees, workers in the hotel and restaurant industry, service workers, construction and trade workers, and a majority of the people in the lower levels of the finance and tech sector — are being priced out of the city. That means more people working here and living far out of town, often commuting by car, in what everyone agrees is an unsustainable situation. Meanwhile, more and more high-paid workers from Silicon Valley are living in San Francisco — again, commuting to distant jobs, either by car or by corporate bus.

The city’s General Plan states that some 60 percent of all new housing built in the city should be below market rate. San Francisco desperately needs housing for its workforce. This type of project simply puts the city deeper in the hole and further from its housing goals.

2. It’s a reward for bad actors. The main developer of this project is Simon Snellgrove, but one of his partners is, by necessity, Golden Gateway, which owns a significant part of the land — and which has been flouting at least the spirit if not the letter of city and state law and costing San Francisco tens of millions of dollars.

As project opponent Brad Paul has noted in written testimony, when Timothy Foo, the current owner, bought the complex from Perini Corp. about 20 years ago, he used a loophole in state law that allowed him to avoid a formal transfer of ownership. That means the property wasn’t re-assessed, costing the city about $1.5 million a year. According to the Assessor’s Office, the deal wasn’t illegal (and these tricks to avoid reassessment are relatively common) but still: He’s costing the city millions by using a loophole not available to most people.

Golden Gateway, which was built in a redevelopment area as middle-class housing, is now renting out apartments as short-term tourist or corporate rentals. There are dozens of examples right now on Craigslist. City law bars the owners of rental housing from converting it to hotel rooms, but a loophole in that law makes what Foo’s outfit is doing technically legal. But he’s clearly violating the spirit of the city ordinance that seeks to protect rental housing from hotel conversions.

One of the main aesthetic complaints about the area — something Snellgrove’s lobbyists have tried to use to support the project — is the ugly fence that now surrounds the Golden Gateway Tennis and Swim Club. But who do you suppose put that fence there?

Do we as a city want to be giving special zoning benefits to companies that try to circumvent tax and housing laws?

3. It’s an environmental disaster. Snellgrove and his architects, Skidmore Owning and Merrill, are seeking LEED platinum certification for the project, saying that its energy-efficiency, water use, and green building materials will make it one of the most sustainable structures in San Francisco. It is, the project website notes, close to all types of public transit.

But LEED doesn’t take into account what the building is used for (see “Is LEED really green,” 7/5/11) — and in this case, the use makes a huge amount of difference.

People who buy multi-million-dollar condos don’t tend to take Muni or BART when they go places. That’s not conjecture, it’s a proven fact. A 2008 study by the American Public Transportation Association notes, bluntly, that wealthier people are more likely to drive cars. When you move into the stratospheric regions of the ultra-rich, that’s even more true. A 2011 report on the Charting Transport website notes: “The very rich tend to shun public transport.”

The current zoning in the area allows for one parking space for every four residential units. Snellgrove is asking for one space per unit — in other words, he figures every single buyer will have a car.

Many of the people who buy these condos won’t be working or even living most of the time in San Francisco. These are condos for world travelers, second and third homes for people who want to spend a few weeks a year in San Francisco. “They aren’t going to be living here all year,” Christina Olague, a former Planning Commission member who is now the District 5 supervisor, told us last July.

If five of the 165 residents of 8 Washington fly in a private or corporate jet from, say, New York to their SF pad once a month, the project will cause the use of jet fuel equivalent to what a normal family would use driving a car for 330 years, Paul noted.

“How many solar panels are needed compensate for burning 396,000 gallons of jet fuel a year?” he asked.

Then there’s the construction issue. If the developer’s projections are correct, as many as 20,000 dump truck runs will be trundling along the Embarcadero for several months, one every two minutes — and it could be happening right as the traffic nightmare called the America’s Cup is hitting the waterfront.

It also goes against some 40 years of waterfront planning policy, all of which as focused on downzoning and creating open space. This would be the first upzoning of San Francisco waterfront property in decades.

4. It will wipe out what is mostly a middle-class recreation facility. The Golden Gateway Tennis and Swim Club will be closed for three years, then (possibly) reopened later as a smaller facility. The club — with two outdoor pools and six tennis courts — sounds like something for the elite, and it’s managed by the upscale Bay Club, but a lot of the users are longtime Golden Gateway residents and seniors. “I would say 30 or 35 percent of the users are seniors,” Lee Radner, chair of Friends of Golden Gateway, told me. Most, he said, are middle-class people, and the expense isn’t that high. “My wife and I pay $3 a day to use the pool,” he said. “I swim every day, and it would cost more than that to use the public pools in the city.” He added: “There are some wealthier people, of course, but many of us are retired and on fixed incomes.”

We’re talking about 90,000 total square feet of outdoor recreation space — which dwarfs the 20,000 square feet of open space the developer promised to provide.

5. The city doesn’t get much out of the deal. In exchange for upzoning the waterfront, creating a big all of buildings and screwing up the city’s housing balance, what does the San Francisco general fund get? Not a lot. The estimates for new tax revenue run about $1.5 million a year of the next 60 years — and when you translate that to what economist call “net present value,” the cash equivalent today of that revenue stream, it’s about $30 million. The Port of San Francisco is talking about creating a special infrastructure financing district — sort of the equivalent of a redevelopment area — to pull that money out in advance, which may not even be legal (since part of the land is a former redevelopment area, the state law that allows these special finance districts may not apply). But even so, a Jan. 14 Port memo suggests that the agency has plans to spend all that money on its own infrastructure — setting up a potential battle between the supervisors and the Port Commission over where the money, if it actually can be collected up front, will go.

Like any developer, Snellgrove will pay into the city’s affordable housing fund — in this case, about $9 million to pay for the equivalent of 27 units. No affordable units will be on site, of course; that would detract from the uber-wealthy ambience of the place. And it’s not clear when those units would be built. “Nobody builds 27-unit buildings any more,” Paul, a former deputy mayor for housing, said. “We’ll have to wait until there’s enough money for a bigger project, somewhere, sometime down the road. That’s what we’re getting here.”

Either way, it’s not a huge benefit for allowing this disaster of a project — and it’s a terrible statement for San Francisco to make. At a time when the mayor has cleared the Occupy protesters — who are talking about how little the rich pay in taxes — off the waterfront, the city is preparing to move in the exceptionally rich, who aren’t paying anywhere near their fair share in tax revenue to local government.

(Nobody knows for sure whether the costs of servicing high-end residential exceed the revenue the city gets from property taxes. In 1971, the Guardian put together the first-ever cost-benefit study for highrise office development, which showed that commercial buildings cost the city more than they paid; that’s been confirmed and demonstrated over the years to the point where it’s hardly even an argument any more. The supervisors ought to ask the city economist or the budget analyst to do the same sort of analysis for luxury condos.)

There’s another element here: Mayor Lee made a point during his campaign to say over and over again that he was an independent thinker, that powerful and influential allies like Rose Pak would not be calling the shots at City Hall. This will be his first major test: Pak and lobbyist Marcia Smolens are working hard to promote 8 Washington. And we’re already getting some disturbing signals out of the mayor’s office.

Lee told us that he has “no thoughts” about the project and hasn’t been paying any attention to it. That’s an odd stance, considering that his own Port Commission is pushing it and staffers in his office are working with the developer. This is a big priority for Pak, and the notion that she has never mentioned it to the mayor defies reason. Board President David Chiu, who talks to the mayor regularly, opposes the project, which is in Chiu’s district.

It’s hard to imagine that anyone who pays attention to local politics could be missing what will be one of the landmark votes this spring on the Planning Commission — which will take up the project March 8 — and the Board of Supervisors.

The mayor, may, indeed, be ignoring everything that supporters and opponents of 8 Washington have said and may be waiting until the Planning Commission vote to take a position. But if he’s just ducking questions because he’s planning to support it, he’s making a big mistake.

This is a chance for San Francisco to go beyond the platitudes about building housing, go beyond the hype about “green” buildings, see through the fraud about community benefits and consider what this really is: A special favor for a developer who wants to cater to the top 1 percent of the 1 percent and move San Francisco even closer to being a city of, by, and for the elite. The only reasonable vote on 8 Washington is No.

Editorial: The case against the 8 Washington tower

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Editorial note: In 1971, at the height of the Alvin Duskin anti-highrise battle, the Guardian did a special first ever cost benefit study for high rise office development.

We found that highrises cost the city  more in services than they produce in revenue.  This meant that the commercial high rise boom could be fought on economic grounds, not just aesthietic and environmental grrounds, and the Chamber of Commerce/Big development gang could never adequately refute our findings.  In fact, they are now taken for  granted. So, as the 8 Washington battle is poised to open the floodgates even further for a forest of market rate residential  buildings, it’s time for the city to do its own study to determine the economics of high end  residential buildings.  Does the cost of servicing luxury residential buildings exceed the taxes they pay? We and many others in the neighborhoods are certain that market rate housing doesn’t pay for itself. But the facts are needed and so we urge the supervisors to direct the budget analyst or the city economist to do a similar analysis  for luxury condos.  Below is Executive Editor Tim Redmond’s powerful argument against 8 Washington.

By Tim Redmond

tredmond@sfbg.com

In city planning terms, it’s a fairly modest project: 134 condos, no buildings more than 12 stories tall, on a 27,000-square-foot site. It’s projected to meet the highest environmental building standards and offers new open space and pedestrian walkways. It’s near Muni, BART, and ferry lines. And the city will collect millions of dollars in new taxes from it.

But the 8 Washington project, which will come before the Planning Commission March 8, has become a flashpoint in city politics, one of the defining battles of Mayor Ed Lee’s administration — and a symbol of how the city’s housing policy has failed to keep pace with the needs of the local workforce.

Put simply, it will create the most expensive condos in city history, housing for the richest of the 1 percent on the edge of the waterfront — and will further push San Francisco toward becoming a city that caters almost entirely to the very wealthy.

So in a city where the growing divide between the 1 percent and the rest of us has become a central issue and where the lack of affordable housing is one of the top civic concerns, 8 Washington is an important test. By any rational standard, this sort of development is the last thing San Francisco needs.

But some of the best-connected lobbyists in the city are pushing it. One of the mayor’s closest allies, Chinatown powerbroker Rose Pak, is a leading advocate — and the final outcome will say a lot about city politics in the Lee administration.

There are all sorts of half-truths and misleading statements by supporters of 8 Washington. Here are the five main reasons the project shouldn’t be approved.

1. It fills no housing need. San Francisco has no shortage of housing for the very rich; the dramatic need, outlined in both regional planning documents and the city’s own General Plan, is for low- and moderate-income housing for the people who actually work in this city (see “Dollars or sense?” 9/28/10). While San Francisco is getting richer by the day, the core workforce — public employees, workers in the hotel and restaurant industry, service workers, construction and trade workers, and a majority of the people in the lower levels of the finance and tech sector — are being priced out of the city. That means more people working here and living far out of town, often commuting by car, in what everyone agrees is an unsustainable situation. Meanwhile, more and more high-paid workers from Silicon Valley are living in San Francisco — again, commuting to distant jobs, either by car or by corporate bus.

The city’s General Plan states that some 60 percent of all new housing built in the city should be below market rate. San Francisco desperately needs housing for its workforce. This type of project simply puts the city deeper in the hole and further from its housing goals.

2. It’s a reward for bad actors. The main developer of this project is Simon Snellgrove, but one of his partners is, by necessity, Golden Gateway, which owns a significant part of the land — and which has been flouting at least the spirit if not the letter of city and state law and costing San Francisco tens of millions of dollars.

As project opponent Brad Paul has noted in written testimony, when Timothy Foo, the current owner, bought the complex from Perini Corp. about 20 years ago, he used a loophole in state law that allowed him to avoid a formal transfer of ownership. That means the property wasn’t re-assessed, costing the city about $1.5 million a year. According to the Assessor’s Office, the deal wasn’t illegal (and these tricks to avoid reassessment are relatively common) but still: He’s costing the city millions by using a loophole not available to most people.

Golden Gateway, which was built in a redevelopment area as middle-class housing, is now renting out apartments as short-term tourist or corporate rentals. There are dozens of examples right now on Craigslist. City law bars the owners of rental housing from converting it to hotel rooms, but a loophole in that law makes what Foo’s outfit is doing technically legal. But he’s clearly violating the spirit of the city ordinance that seeks to protect rental housing from hotel conversions.

One of the main aesthetic complaints about the area — something Snellgrove’s lobbyists have tried to use to support the project — is the ugly fence that now surrounds the Golden Gateway Tennis and Swim Club. But who do you suppose put that fence there?

Do we as a city want to be giving special zoning benefits to companies that try to circumvent tax and housing laws?

3. It’s an environmental disaster. Snellgrove and his architects, Skidmore Owning and Merrill, are seeking LEED platinum certification for the project, saying that its energy-efficiency, water use, and green building materials will make it one of the most sustainable structures in San Francisco. It is, the project website notes, close to all types of public transit.

But LEED doesn’t take into account what the building is used for (see “Is LEED really green,” 7/5/11) — and in this case, the use makes a huge amount of difference.

People who buy multi-million-dollar condos don’t tend to take Muni or BART when they go places. That’s not conjecture, it’s a proven fact. A 2008 study by the American Public Transportation Association notes, bluntly, that wealthier people are more likely to drive cars. When you move into the stratospheric regions of the ultra-rich, that’s even more true. A 2011 report on the Charting Transport website notes: “The very rich tend to shun public transport.”

The current zoning in the area allows for one parking space for every four residential units. Snellgrove is asking for one space per unit — in other words, he figures every single buyer will have a car.

Many of the people who buy these condos won’t be working or even living most of the time in San Francisco. These are condos for world travelers, second and third homes for people who want to spend a few weeks a year in San Francisco. “They aren’t going to be living here all year,” Christina Olague, a former Planning Commission member who is now the District 5 supervisor, told us last July.

If five of the 165 residents of 8 Washington fly in a private or corporate jet from, say, New York to their SF pad once a month, the project will cause the use of jet fuel equivalent to what a normal family would use driving a car for 330 years, Paul noted.

“How many solar panels are needed compensate for burning 396,000 gallons of jet fuel a year?” he asked.

Then there’s the construction issue. If the developer’s projections are correct, as many as 20,000 dump truck runs will be trundling along the Embarcadero for several months, one every two minutes — and it could be happening right as the traffic nightmare called the America’s Cup is hitting the waterfront.

It also goes against some 40 years of waterfront planning policy, all of which as focused on downzoning and creating open space. This would be the first upzoning of San Francisco waterfront property in decades.

4. It will wipe out what is mostly a middle-class recreation facility. The Golden Gateway Tennis and Swim Club will be closed for three years, then (possibly) reopened later as a smaller facility. The club — with two outdoor pools and six tennis courts — sounds like something for the elite, and it’s managed by the upscale Bay Club, but a lot of the users are longtime Golden Gateway residents and seniors. “I would say 30 or 35 percent of the users are seniors,” Lee Radner, chair of Friends of Golden Gateway, told me. Most, he said, are middle-class people, and the expense isn’t that high. “My wife and I pay $3 a day to use the pool,” he said. “I swim every day, and it would cost more than that to use the public pools in the city.” He added: “There are some wealthier people, of course, but many of us are retired and on fixed incomes.”

We’re talking about 90,000 total square feet of outdoor recreation space — which dwarfs the 20,000 square feet of open space the developer promised to provide.

5. The city doesn’t get much out of the deal. In exchange for upzoning the waterfront, creating a big all of buildings and screwing up the city’s housing balance, what does the San Francisco general fund get? Not a lot. The estimates for new tax revenue run about $1.5 million a year of the next 60 years — and when you translate that to what economist call “net present value,” the cash equivalent today of that revenue stream, it’s about $30 million. The Port of San Francisco is talking about creating a special infrastructure financing district — sort of the equivalent of a redevelopment area — to pull that money out in advance, which may not even be legal (since part of the land is a former redevelopment area, the state law that allows these special finance districts may not apply). But even so, a Jan. 14 Port memo suggests that the agency has plans to spend all that money on its own infrastructure — setting up a potential battle between the supervisors and the Port Commission over where the money, if it actually can be collected up front, will go.

Like any developer, Snellgrove will pay into the city’s affordable housing fund — in this case, about $9 million to pay for the equivalent of 27 units. No affordable units will be on site, of course; that would detract from the uber-wealthy ambience of the place. And it’s not clear when those units would be built. “Nobody builds 27-unit buildings any more,” Paul, a former deputy mayor for housing, said. “We’ll have to wait until there’s enough money for a bigger project, somewhere, sometime down the road. That’s what we’re getting here.”

Either way, it’s not a huge benefit for allowing this disaster of a project — and it’s a terrible statement for San Francisco to make. At a time when the mayor has cleared the Occupy protesters — who are talking about how little the rich pay in taxes — off the waterfront, the city is preparing to move in the exceptionally rich, who aren’t paying anywhere near their fair share in tax revenue to local government.

(Nobody knows for sure whether the costs of servicing high-end residential exceed the revenue the city gets from property taxes. In 1971, the Guardian put together the first-ever cost-benefit study for highrise office development, which showed that commercial buildings cost the city more than they paid; that’s been confirmed and demonstrated over the years to the point where it’s hardly even an argument any more. The supervisors ought to ask the city economist or the budget analyst to do the same sort of analysis for luxury condos.)

There’s another element here: Mayor Lee made a point during his campaign to say over and over again that he was an independent thinker, that powerful and influential allies like Rose Pak would not be calling the shots at City Hall. This will be his first major test: Pak and lobbyist Marcia Smolens are working hard to promote 8 Washington. And we’re already getting some disturbing signals out of the mayor’s office.

Lee told us that he has “no thoughts” about the project and hasn’t been paying any attention to it. That’s an odd stance, considering that his own Port Commission is pushing it and staffers in his office are working with the developer. This is a big priority for Pak, and the notion that she has never mentioned it to the mayor defies reason. Board President David Chiu, who talks to the mayor regularly, opposes the project, which is in Chiu’s district.

It’s hard to imagine that anyone who pays attention to local politics could be missing what will be one of the landmark votes this spring on the Planning Commission — which will take up the project March 8 — and the Board of Supervisors.

The mayor, may, indeed, be ignoring everything that supporters and opponents of 8 Washington have said and may be waiting until the Planning Commission vote to take a position. But if he’s just ducking questions because he’s planning to support it, he’s making a big mistake.

This is a chance for San Francisco to go beyond the platitudes about building housing, go beyond the hype about “green” buildings, see through the fraud about community benefits and consider what this really is: A special favor for a developer who wants to cater to the top 1 percent of the 1 percent and move San Francisco even closer to being a city of, by, and for the elite. The only reasonable vote on 8 Washington is No.

The 8 Washington disaster goes to Planning

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The urban planning disaster that is 8 Washington goes before the San Francisco City Planning Commission March 8 amid a long list of questions — including Mayor Lee’s position on the project and how it could screw up the America’s Cup.

Developer Simon Snellgrove wants to build the most expensive condos in San Francisco history on the waterfront, 145 units that will be far out of reach to anyone who makes less than half a million dollars a year. And many of the units will require income far higher than that. It’s not just housing for the 1 percent; it’s housing for the top half of the 1 percent.

There’s no need for this kind of housing in SF; the very rich have no problem finding places to live. And the spot zoning violates every standard of good waterfront planning practice.

The project will benefit the Port of San Francisco, which stands to take a cut of the money since some of the project is on Port land. But more than half of the land is owned by Golden Gateway and is a former redevelopment area, so the supervisors and the Port are going to have to fight over who gets the property tax increments and how that’s all financed.

More interesting, 8 Washington will be a boon to Golden Gateway, which as the landowner is a partner in the deal. And Golden Gateway is one of those big properties that are paying far too little in city taxes. When the complex changed hands several years ago, the owners used a stock-swap deal to transfer it, avoiding the Prop. 13 reassessment that could have substantially raised its taxes. So the city’s losing millions of dollars — and now Timothy Foo, who is the principal owner of Golden Gateway, will be getting a nice favor from the city he’s been screwing.

Oh, and by the way — a lot of Golden Gateway units are being advertised as short-term (that is, hotel) rentals — something that violates at least the spirit of city law. This is an outfit that deserves special zoning treatement from San Francisco?

Then there’s the fact that this could be a serious problem for the big America’s Cup party. Project critic Brad Paul has been analyzing the impacts of the development, and noticed some new language in the comments and responses to the Environmental Impact Report suggesting that excavation could lead to something like 200 dump-truck trips a day along the Embarcadero — roughly one trip every two minutes. In an email to Paul, Paul Matltzer in the Planning Department confirmed that the likely construction process could, indeed, involve that many dump trucks, rumbling along the Embarcadero during the peak construction period, which will also be the peak period for America’s Cup tourism.

Dump trucks, Paul (who used to drive one) notes, start slowly and brake slowly. The Embarcadero is already crowded — and will be far more crowded during the Cup races, so much so that city officials are thinking of closing traffic lanes to all but bicyles and transit. How, exactly, will that work out with 200 trucks a day fighting for room?

I’ve called and emailed the America’s Cup people, but they haven’t gotten back to me. I’ll keep you posted.

Lee’s office hasn’t gotten back to me, either, but I’m hearing that the mayor is telling people he hasn’t made up his mind — on a project that’s a week away from the Planning Commission and that one of his close allies, Rose Pak, is strongly promoting.

 

On the Cheap Listings

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On the Cheap listings are compiled by Soojin Chang. Submit items for the listings at listings@sfbg.com. For further information on how to submit items for the listings, see Picks.

WEDNESDAY 29

Nutrition class for cyclists Sport Basement, 1881 Ygnacio Valley, Walnut Creek. (925) 941-6100, www.sportbasement.com. 7 p.m.-8 p.m., free with RSVP. It is the worst when you’re still 20 minutes away from your destination and your energy decides to crash on you. In this nutrition class, experts give perspectives on quality food choices, review specific bars and powders, and provide simple and delicious recipes for on and off the bike.

Radical Directing lecture series with Terry Zwigoff San Francisco Art Institute, 800 Chestnut, SF. (415) 771-7020, www.sfai.edu. 7:30 p.m., free. Long-time San Franciscan Terry Zwigoff makes feature films out of underground comic strips and turns down corporate project offers in favor of ‘tooning for smaller outfits. Join Zwigoff as he discusses his experience writing screenplays and making documentaries.

THURSDAY 1

“After Dark: Vinyl” interactive presentation Exploratorium, 3601 Lyon, SF. (415) 561-0360, www.exploratorium.edu. 6 p.m.-10 p.m., free with museum admission. In the heyday of vinyl, records were made of fragile materials such as wax and shellac. Experimental physicist Carl Haber recovers the sweet tunes that we once believed were gone forever.

The End of Money: Counterfeiters, Preachers, Techies, Dreamers—and the Coming Cashless Society author discussion The Booksmith, 1644 Haight, SF. (415) 863-8688, www.booksmith.com. 7:30 p.m., free. These days, you can get far without the greenbacks — as long as you’ve got dough on your plastic. In his newest book, David Wolman embarks on a paper cash-less journey around the world, encountering people and technologies whose alternatively embrace and fear the end of tangible money.

“So You Think You Can Paint?” SoMa art party Club Six, 60 Sixth St., SF. (415) 863-1221, www.clubsix1.com. 7 p.m.-11 p.m., free. Your task is to complete as many eight-foot art pieces as you possibly can. If you have any doubts to your skills or just want to learn more, there will be a free art class from 6 p.m. to 7 p.m. Huge walls, paint, brushes, and tunes will be provided.

Nightlife’s Darkroom photography event California Academy of Sciences, 55 Music Concourse, SF. (415) 379-8000, www.calacademy.org/nightlife. 6 p.m.-10 p.m., $12. Come meet the folks from Instagram for a night dedicated to the recent transmutations of photography. Enjoy live music and images of beautiful coral reef while checking out the innovations of Lytro’s light field camera, artist Genevieve Quick’s hand-made cameras, Lomography’s analog cameras, and aerial photographer Michael Layesfsky’s balloon camera.

FRIDAY 2

True Stories Lounge story telling performance The Make-out Room, 3225 22nd St., SF. (415) 647-2888, www.makeoutroom.com. 7:30 p.m., $10. Telling a good story is a particularly difficult art to master. Join seven professional storytellers who’ll be keeping this oral tradition alive by divulging their memoirs, essays, reportages, and narrative column writings.

SATURDAY 3

Origami club San Francisco Public Library, 500 Cortland, SF. (415) 355-2810, www.sfpl.org. 2 p.m.-4 p.m., free. Ah, the progressive addiction of origami. First you’re making a crane, and then you’re drinking out of an ornate paper teacup. Not surprising at all that there is a local club devoted to the art — now where’s the 12-step program?

“Zeke Greenwald, Potential Roommate” comedy show 222 Hyde, SF. (415) 345-8222, www.222hyde.com. 8 p.m.-10 p.m., free. Anyone who has ever searched Craigslist for housing in San Francisco know of the comedic horror that lies within each potential roommate. Five local comedians stand up to share their stories.

Dr. Seuss’s birthday celebration Playland-Not-at-the-Beach, 10979 San Pablo, El Cerrito. (510) 592-3002, www.playland-not-at-the-beach.org. Through Sunday. 10 a.m.-5 p.m., $10 children; $15 general admission. Celebrate the birthday of the guy who reminded us all that crazy is awesome and the imagination is limitless. There will be penny arcades, haunted houses, interactive exhibits, and magic sideshows. High-fives for everyone who dresses up.

Sperm Whale Soiree art and science reception Randall Museum, 199 Museum, SF. (415) 561-6622, www.randallmuseum.org. 7 p.m.-10 p.m., $15 advance tickets. Moby Dick gave sperm whales a bad rep. But the truth is they’re extremely interesting animals that nowadays, are sadly endangered (no thanks to you, Captain Ahab). Learn about their amazing diving skills and their even more intriguing sex lives.

SUNDAY 4

Actual Jazz Series with the John Schott Trio and special guests Actual Cafe, 6334 San Pablo, Oakl. (510) 653-8386, www.actualcafe.com. 5 p.m., free. Actual Cafe’s new house band plays twice a month on first and third Sundays. Its set list includes everything from standard jazz to obscure Ukrainian songs. First Sundays feature younger jazz musicians from the Bay Area, guest singers, and spoken word collaborators.

MONDAY 5

Mental Aerobics San Francisco Public Library, 100 Larkin, SF. (415) 355-2822, www.sfpl.org. 1 p.m.-3:30 p.m., free. Feeling a little brain-dead lately? You can do something about that, y’know. Come work out your cerebral organs and spark your cognitive vitality in this class designed to get your synapses firing.

TUESDAY 6

Andy Warhol: Polaroids/Matrix 240 Berkeley Art Museum, 2626 Bancroft, Berk. (510) 642-0808, bampfa.berkeley.edu. Through May 20. Gallery hours Wed.-Sun. 11 a.m.-5 p.m., $7–$10. Long before Instagram, there was Polaroid. The Prince of Pop Andy Warhol took thousands of snapshots that were never shown to the public until now. Come check out photos of O.J. Simpson, Daryl Lillie, Diane von Furstenberg, and of course, bananas.

Nightlife: Fun plus jobs

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By Supervisor Scott Weiner

OPINION We all know the cultural benefits of nightlife. It’s fun. We get to meet people — friends, lovers, and all the rest. We build community. We hear great music. We dance. We spend time outside on our streets. For LGBT people, we meet other LGBTs and keep our community strong. The list goes on: Without a strong entertainment scene, including bars, clubs, live music venues, arts venues, night-time restaurants, and street fairs, our city would be a less interesting and less diverse place.

But the undisputed cultural importance of nightlife isn’t the whole story. Nightlife is a significant economic contributor to San Francisco. It creates jobs, particularly for working-class and young people. It generates tax revenue that helps fund Muni, health clinics, and parks. It allows creative entrepreneurs to start businesses. It generates tourism. It draws foot traffic into neighborhoods to the benefit of other neighborhood businesses.

This is all pretty intuitive. Yet, as a city, we’ve never actually measured the economic impact of our nightlife scene. One of my first acts a member of the Board of Supervisors was to request the city economist to conduct an economic impact study doing just that.

The study is almost done, and we already have a few preliminary results. Nightlife in San Francisco generates $4.2 billion a year in spending, with $1 billion of that amount coming from bars, clubs, performance venues, and art spaces. Some 48,000 people are employed in nightlife businesses, and these businesses contribute $55 million a year in local taxes. On March 5, we’ll announce the full results of the study at a hearing of the Land Use and Economic Development Committee.

This data will help us make smart public policy around nightlife. In the past, those decisions frequently have been driven by anecdote and over-reaction to isolated events. Trouble near a small number of nightclubs? The city responds by making it difficult for all nightclubs to operate, even those with excellent safety records and despite the dramatic improvement in the Entertainment Commission’s oversight. Or, the city goes even further and proposes requiring all clubs, even small ones, to scan ID cards of everyone who enters. (That proposal, thankfully, was roundly rejected.)

When we make these decisions, we should do so with a full understanding not just of the downsides of nightlife but of the positives, including cultural and economic benefits.

Entertainment is under pressure in San Francisco. There are neighborhoods with significant friction between housing and nightlife. Some of that friction results from a small number of problem venues. Other times, a good venue is jeopardized for simply conducting its business within the limits of San Francisco law — for example, a single neighbor got Slim’s shut down for a few weeks for noise, despite the club’s compliance with our noise ordinance.

We also continue to have bizarre Planning Code restrictions that undermine entertainment, such as the Mission Alcohol Special Use District, which makes it difficult or impossible to start creative new businesses in the Mission if alcohol is involved. This provision almost prevented a new bowling alley from locating at 17th and South Van Ness. Similarly, some are concerned that the Western SoMa Plan, as currently written, will undermine nightlife on 11th Street by surrounding clubs with new housing and by reducing the number of venues.

A thriving nightlife scene is key to our city’s cultural identity and economic future. Now that we have the data on its benefits, we can take a more balanced and thoughtful approach.

Supervisor Scott Wiener represents District 8 on the Board of Supervisors. The March 5 hearing will start with a noon rally on the steps of City Hall followed by the hearing at 1 p.m. in City Hall Room 263.

 

Save our homes

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yael@sfbg.com


This story has been edited


Bay Area activists, fueled in part by the Occupy movement, have recently taken stands against police brutality, for the rights of the homeless, against the corporate power of banks, and much more. But, arguably, nowhere has the movement been more successful than in the fight against foreclosures and evictions.


With the support of Alliance of Californians for Community Empowerment (ACCE) and the Bayview Foreclosure Fighters, several Bayview residents whose homes had already been sold continue to occupy them, and in some cases sales have been rescinded. Occupy Bernal has used civil disobedience to postpone six housing auctions, keeping their neighbors in their homes that much longer. They secured a meeting with Diana Stauffer, Wells Fargo Home Mortgage senior vice president, and David Campos, District 9 supervisor, to delay foreclosure proceedings.


But the activists are pushing for a full moratorium on foreclosures and evictions in San Francisco. Such a moratorium is not without precedent. In recent years, sheriffs have stopped evictions and foreclosures in Wayne Country, Michigan; Cook County, Illinois; Butler County, Ohio; and Philadelphia County, Pennsylvania.


When Cook County Sheriff John Dart imposed his moratorium in 2010, he said, “I can’t possibly be expected to evict people from their homes when the banks themselves can’t say for sure everything was done properly. I need some kind of assurance that we aren’t evicting families based on fraudulent behavior by the banks.”


San Francisco seems ripe for a similar stance, as Assessor-Recorder Phil Ting recently released a report revealing widespread lawbreaking in foreclosure proceedings. The report found that 84 percent of foreclosures in San Francisco over the last three years involved faulty paperwork, some of it amounting to fraud.


Representatives from the District Attorney’s and the City Attorney’s offices told the Guardian that they are concerned about the report. These bodies may be starting the process of further investigating findings. Last week, Sheriff Ross Mirkarimi, whose office carries out the county’s evictions, said he has begun an initiative to collect and analyze the city’s foreclosure data.


But Mirkarimi’s hands may be tied. As he told Ann Garrison of KPFA radio Feb. 25, “I don’t have the latitude or discretion, much as I would like, because there would need to be a change in state law that empowers municipal sheriffs to be able to use that discretion.”


Occupy Bernal formed just a couple months ago, but it has emerged as a powerful advocate for homeowners facing foreclosure. The neighborhood-based branch of the Occupy movement chose to focus specifically on preventing the evictions of Bernal Heights residents, where over 100 homes face foreclosure.


They kept the pressure up Feb. 25, when a group of supporters convened at 1090 Chestnut Street, the residence of John Stumpf, the CEO of Wells Fargo. That bank owns the majority of mortgages on Bernal homes facing foreclosure.


The protest wasn’t meant to block the street and no one tried to enter the building where Stumpf owns three of the 14 floors. But police decided that the group of about 150 warranted blocking off the entire block to traffic, to the annoyance of many neighbors.


“You collected $43.7 billion in taxpayer money and have since made record profits at the expense of low-income communities, while repeatedly breaking your legal and moral obligations as a creditor. You have failed to comply with loan modification requirements under your own lending agreements,” said a blown-up “foreclosure notice” outside Stumpf’s home.


In the spirited street theater scene, activists dressed as an auctioneer and a larger-than-life John Stumpf played out a fake auction of Stumpf’s property.


Dexter Cato, a father of four whose wife was recently killed in a car crash in the midst of months-long loan modification proceedings, faces foreclosure from his Bayview home of 40 years.


“Stumpf, we want a new address for you,” said Archbishop Franzo King of the Western Additions’ John Coltrane church, “850 Bryant Street!”


The crowd then proceeded to chant this address: the San Francisco Hall of Jusice and County Jail.


“We understand that some of our customers are going through difficult times during this economic recovery,” said Jim Foley, president of Wells Fargo’s Greater Bay Area region, in a press release responding to the Feb. 25 protest. The company plans to hold “Home Preservation Workshops” in Richmond March 7 and 8 to help homeowners facing foreclosure.


Public officials may be a long way from locking up CEOs for foreclosure fraud, but some have taken notice of complaints against the banks. On Feb. 2, the Berkeley City Council voted not to extend its contract with Wells Fargo to manage $300 million in city assets, citing its foreclosures on city residents.


On a national level, activists have been successful in persuading people to transfer their money to local banks and credit unions in recent months. Javelin Strategy and Research came out with statistics that 5.6 million Americans have switched bank service providers in the past 90 days, three times the normal transfer rate. Bank Transfer Day in early October was specifically cited as the trigger by 610,000 of those people.


The recent $25 billion settlement between the five largest banks and attorneys general in California and other states over mortgage fraud made big headlines, but activists note that it allocates a measly $2,000 to some people who have lost their homes to foreclosure. Occupy Bernal’s Buck Bagot said people need more protection from powerful banks. “Banks suckered people into this stuff, and they have made billions,” Bagot said. “We’re not saying people shouldn’t have to pay off the money they borrowed, but it took two to tango.”

Have conservatives hijacked the Small Business Commission?

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Is the Small Business Commission really advocating for small businesses, or has the commission been hijacked by bankers and real estate developers aggressively pushing a right-wing agenda of unchecked growth and cuts to government regulation, programs, and fees? And why has the Mayor’s Office stacked the commission with these ideologues and worked behind-the-scenes to keep them in leadership roles?

Those are just a couple of the questions that have been raised by Mayor Ed Lee’s recent effort to amend the charter to give this commission broad authority over the city’s legislative agenda, which was dropped in the face of widespread opposition, and by his office’s alleged calls to their appointees urging them to vote for developer Luke O’Brien as vice president and banker Stephen Adams as president (simply reversing the roles they had played last year).

Traditionally, sources say the commission has sought to balance leadership between the mayor’s four appointees and the three appointed by the Board of Supervisors. But these days, the Mayor’s Office (mostly Chief of Staff Steve Kawa, we’re told) and its appointees (which include two bankers and one developer), at the urging of pro-development groups Coalition for Responsible Growth (CRG) and Plan C, seems to want to consolidate their control and push their agenda.

Neither Kawa nor Press Secretary Christine Falvey would address our direct question about the Mayor’s Office interfering with the internal working of supposedly independent commissions, but the Examiner today had a story about the Mayor’s Office doing the same thing on the Planning Commission with its leadership vote this week.

“If the Mayor’s Office feels the need to interfere in commission votes, it interferes with internal commission matters and the spirit of the commission,” Board President David Chiu, who has been following the Small Business Commission dynamics, told the Guardian.

Outgoing commission member Janet Clyde, who runs the legendary Vesuvio bar in North Beach, said she has long been bothered by the changing tone and dynamics on the commission: “There is definitely an agenda that is driven by the Mayor’s Office, a more conservative view…There is a big business agenda in small business clothes.”

And she said that change has been pushed by Plan C, CRG, and other fiscally conservative groups that backed Lee’s mayoral campaign. “They really saw an opportunity to use the Small Business Commission to push their agendas.”

The CRG board includes three members of Murphy O’Brien Real Estate Investments, including O’Brien and Mel Murphy, who is a mayoral appointee to the Building Inspection Commission, where he also regularly advocates for real estate interests. CRG, which did not return our calls for comment, testifies regularly at City Hall in favor of development and against regulation. Clyde and current commission member Kathleen Dooley say O’Brien has been especially aggressive in pushing his ideological agenda.

O’Brien ignored repeated Guardian requests for comment, and when we finally reached him by phone, he said, “I have no interest in talking to you.”

In December, in his role as president, O’Brien called a special hearing to discuss the Eastern Neighborhoods Plan, the massive land use plan passed a few years ago after dozens of public hearings to work out its myriad complicated details and balance the preservation of light industrial properties with housing development, providing city services, and other considerations.

“This thing really needs to be thought out a little bit more,” O’Brien said at the hearing in a video clip that is prominently displayed on the CRG website.

Commission Executive Director Regina Dick-Endrizzi defended that hearing and others that have ventured into planning, regulation, and land uses issues that seem to be the purview of other city commissions. “Every business we talk to that wants to be in a brick-and-mortar space, it’s all about land use,” she said, noting that at the commission’s last annual retreat, “they decided to take a look at impact fees and their implications.”

She also noted that the city defines small businesses as having fewer than 100 employees, and that both developers and bankers are legitimate small business advocates, noting how important loans and other capital sources are to small business survival. Mayoral spokesperson Christine Falvey also defended the appointments and their focus: “The Commission has a diverse group of individuals to represent small business. The agenda is not controlled by any one group. There is a diverse group of voices and all deserve to be heard.”

Falvey also said it’s important to have bankers like Adams, a branch manager of Sterling Bank & Trust, on the commission: “The Mayor understands the important link between conventional banks and micro lenders. While there are moderate improvements in the lending environment, understanding the current status of access to capital is critical information for the Commission in its role to advise and make recommendations to the Mayor and Board of Supervisors on policy matters and City regulations that affect either the ease or difficulty in doing business in San Francisco.”

But progressive members of the Board of Supervisors – including Sup. Christina Olague, a mayoral appointee, in her recent interview with the Guardian – have regularly derided the narrow focus and ideological agenda of the commission, particularly its mayoral appointees. Some privately call it the “Small-Minded Business Commission.”

“We need some diversity on this commission. It can’t be all white men with a particular point of view,” Dooley said.

That could begin to happen on Tuesday when the Board of Supervisors is slated to replace two of its outgoing appointees, Michael O’Connor and Janet Clyde, with two that have been recommended by the Rules Committee: Monette White, who runs Food for Soul, “an upscale restaurant and holding company,” and William Ortiz-Cartagena, CEO of Gentle Parking, which managing parking lots in the city.

But that won’t go very far in changing a commission that seems focused on using the “small business” fig leaf to push a more broad and ideological pro-business agenda. Even Chiu, who is strongly pro-business, told us, “The Small Business Commission needs to be focused on the plight and issues of small businesses.”

Back to the Point

1

cheryl@sfbg.com

FILM “It’s highly probable that no one but Kevin Epps could have made a film like Straight Outta Hunters Point,” begins Erik K. Arnold’s 2001 Guardian article. Epps, then a 33-year-old first-time filmmaker, had just released his bold documentary; it investigated a neighborhood that most San Francisco residents never actually visited, but knew about thanks to news coverage of its prodigious gang violence.

“That world wouldn’t open up to an outsider,” Epps, who grew up there before studying film at San Francisco State University and the now-defunct Film Arts Foundation, told Arnold.

Cut to 2012, and Epps is no longer an emerging talent — he’s a full-time independent filmmaker with multiple credits (including The Black Rock, a documentary about Alcatraz’s African American inmates, and hip-hop film Rap Dreams), collaborations (with Current TV and others), and an artist fellowship at the de Young Museum under his belt. For his newest project, he returns to the scene of his first work. He no longer resides in Bayview-Hunters Point, but he still lives close by, and he’s never lost touch with the community that inspired the first film and encouraged him to make its follow-up.

Straight Outta Hunters Point opened up a lot of opportunities up for me, in terms of traveling abroad and being exposed to experiences that I would never have had [otherwise],” Epps explains. “But I was always mindful of, you know, this is my passport: telling the [community’s] stories, that’s my passport to the world. So though my life has changed a little bit, I’ve never been too far away from what’s going on in the community. I decided to keep shooting certain things that I thought had significance, and more importantly interviewing people in the community who could give insight into its current state.”

Despite its title, and its similar use of handheld camera, SOHP 2 is not a straightforward sequel to part one.

“I wanted to talk to people who really live in the community [to find out] what’s going on every day — Straight Outta Hunters Point eight, nine, ten years later. Have things changed for the better or gotten worse?” Epps says of his new film. “It’s not really a sequel — it’s a continuation of that conversation, and looking at where things are now, compared to how they were then. Obviously there’s some redevelopment that’s been happening. That’s apparent in the film, when the Hunters View housing development slowly gets torn down.”

Epps built his film around themes that arose from his interviews with Hunters Point residents, including the disconnect between generations — older folks with activist backgrounds, and youths who face “a lot of distractions” as they approach adulthood — and pressures, both internal and external, that have shaped the neighborhood.

“These are the predominant topics that come up, if you go to the barber shop or if you’re hanging out at the gym, and you get into an informal conversation. Redevelopment. Violence, which has a history that’s still being dealt with. [Discussing] these reoccurring themes is a way to see if there’s been any progress. Being a filmmaker, I was trying to put them into a creative context, more like an edu-tainment sort of piece,” he says. “My first documentary was really for the community, when I was living there, to have a conversation with ourselves. [SOHP 2] is less of a personal story. It’s [investigating], did we break some of the cycles? And how do things look in the present day?”

Going back to that earlier point about Epps’ unique access to the neighborhood: while he admits that not every person he approached was eager to be filmed (“When you go into these communities that have other activities going on, where people have other ways of survival because there are no jobs, you’re gonna always get opposition to cameras”), he does understand that in many ways, he has the exclusive on this particular story.

“Do people know me, and does that carry weight, because of the first film? Yes. It does help me get access to some things that a lot of people have had their cameras taken from them trying to do,” he says. “There were some German filmmakers out here for three years trying to shoot a film. They had funding and everything. They could talk and kick it on the block, but once they took out the cameras — they shut ’em down.”

STRAIGHT OUTTA HUNTERS POINT 2

Kevin Epps in person at Fri/24-Sat/25 evening shows

Feb. 24-March 1, 7 and 8:45 p.m. (also Sat/25-Sun/25, 3:15 and 5 p.m.), $6.50–$10

Roxie Theater

3117 16th St., SF

(415) 863-1087

www.roxie.com

Will shutting down two businesses really ‘clean up’ the Tenderloin?

21

It was noon on the Jan. 30 when I broke the news to 24-year-old Amer Mousa that the City of San Francisco was filing a civil suit to shut down Walid Abdulrahman, his friend and owner of the Razan Deli on Ellis Street in the Tenderloin.

Two hours earlier, City Attorney Dennis Herrera and San Francisco Police Chief Greg Suhr held a press conference out the front of the Azaal Market on the corner of Leavenworth and Turk streets in the Tenderloin to announce the dual lawsuits against the markets owners, Jaber A. Algahim and Walid Abdulrahman, for maintaining a public nuisance. Our efforts to get comments from Algahim and Abdulrahman were not successful, but Mousa spoke freely about the situation.

The City’s complaint says the deli is a safe haven for criminal activity and that Abdulrahman either allows it to continue unabated or is actively involved himself. It is not hard to understand the logic behind the suit; shut down problem businesses and the neighborhood will heal. But in a City with a history of going after small businesses as if they are the root cause of all criminality, the question remains about whether this is really about helping the neighborhood or about being seen to help.

Abdulrahman does not speak English well, so it was Mousa who answered the phone. When first asked about the store’s involvement in illicit activity, Mousa became flustered, confused, and denied any knowledge of drug activity within the store. “Maybe outside, in the neighborhood, but I wouldn’t risk my job like that,” he said at the time.

Both Abdulrahman and Mousa are from Jordan. Abdulrahman is a close friend of Mousa’s father, so close Mousa refers to him as “uncle.” Mousa came to the U.S. on a greencard in 2009 and has been studying to be a nurse. He met his future wife in school and they married in 2010. Every day he heads into San Francisco from Daly City to work in deli from 10pm until 6am to support his young family.

The Razan Deli is a pokey little deli open 16 hours a day that does not sell alcohol and keeps little stacked on the shelves. It caters for the homeless and street population with candy, burritos, and cheap pre-made frozen meals. Bigger items are left to liquor-selling competitors across the road whose owners refuse to say anything about what happens outside their doors, lest some doped-up gang member decide to make an example of them. When asked, they just stare at the ceiling and say they put their faith in God.

Outside, Ellis Street is quiet, at least during the day, with the exception of a woman in a wheelchair and another leaning against a wall who mumbles something about robbery and cackles to herself. Stopping at any intersection along Turk Street invariably means being approached by dealers. The greatest concentration stand just outside the Azaal Market while they chatter constantly and offer passers-by narcotics with incomprehensible street names.

The lawsuit was the result of a two-year undercover operation by the SFPD that claimed to have found evidence of a “pattern of illegal activity” at each business. The complaint and police statements claim the deli acted as a safe-haven and intermediary for drug dealing and buys stolen goods for resale. To build the case, undercover officers visited a local Walgreen’s and asked the business to donate items before trying to re-sell the product to businesses in the Tenderloin, while slipping in the fact that they were stolen goods.

Police statements say Abdulrahman bought stolen goods and helped facilitate undercover officers buying drugs from the dealers loitering outside the shop. Mousa does not deny that Abdulrahman took the bait on the two occasions he was present. “Look, we’re not angels,” he says. “When the undercover police came, they gave us razors, you know like Gillette, and my uncle bought some stolen merchandise for personal use. He didn’t buy all, he just bought some.”

If true, that would be a very different accusation than the one being made by the city in its civil suit, which has asked the court to close the business and impose an initial penalty of $25,000, additional penalties of $2,500 for “each act of unlawful business practice” and costs for the suit and investigation. In a criminal prosecution, Abdulrahman might receive up to a year in jail for receiving stolen goods of around $200 in value and a separate charge for being an accessory to the sale of a small quantity illicit substances. That is, assuming he is guilty of everything the police say he is. And they have evidence.

Yet none of that matters. Abdulrahman cannot afford an attorney; he will appear self-represented. Either he will be sent into bankruptcy or he will be run out of business. This legal fight seems lopsided, to say the least.

The City of San Francisco has a history of going after small liquor shops and markets in the Tenderloin and the Mission on a crusade to shut down criminal “safe-havens” or “magnets of drug dealing,” as Matt Dorsey, media liaison for the City Attorney’s Office, framed it during a phone conversation about the city’s tactics in choosing to bring a civil claim against Abdulrahman. “Civil cases have lower standard of evidence. Effectively we’re going to try and shut the business down. As they say, the City’s Attorney tries to take their money. The District Attorney puts people in jail,” he said.

The theory goes that shutting down such places will force the criminal element out, leave them nowhere to go and ultimately make the neighborhood a safer place. Randy Shaw, Director of the Tenderloin Housing Clinic (THC) and editor of BeyondChron, has endorsed this view and has said he “cheered” the litigation.

Shaw’s hostility for the Azaal Market, alternatively known as the Barah Market, was plain. His tone indicated the market’s continued existence was a personal slight. “We sued the Maryland and the Barah markets in the 90’s and the Maryland hasn’t been a problem since,” said Shaw, a housing right attorney turned Tenderloin political power broker. Shaw said he welcomes any city efforts to try to clean up the neighborhood. But it’s hard to see how this action will make much difference, particularly given the neighborhood’s open criminality.

“I called the police more than seven or eight times, from the cell phone,” Mousa said. “What did they do? Nothing. They know who the drug dealers are. There’s just two to four drug dealers on the whole block. Most of the others just work for them. If police don’t come and do their job, what am I supposed to do? Start shooting? … If I keep calling the police I’m going to get shot. All I can do is tell them to get outside the store. Go sell your shit outside the store.”

Abdulrahman’s shop will close, that seems like the likely outcome. Once the shutters are drawn, the City Attorney and the Chief of Police will hold another press conference and claim a great victory in their fight to “clean up the neighborhood” in the name of “families and the elderly.” It will sound good on television, and read well in the papers. Everyone will clap and agree that the streets are a safer place for it, but it seems like a huge stretch of imagination to blame the Tenderloin’s problems on these two small businesses.

“I’m a full time student, I have a wife, I’m not living by myself, I cannot live by myself or with some buddies, I need to have a home. After the store closes, what’s going to happen to me? There are no jobs right now. Even if I get a full-time job, how much am I going to make?” Mousa says. “This is just going to destroy two families, two households. What’s going to happen? Nothing’s going to change. There are still going to be drug dealers outside… This neighborhood is broken. It was broken when we got here, it will be broken when we leave.”

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.

Editor’s Notes

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“San Francisco’s economy is moving in the right direction,” Mayor Ed Lee told the Examiner last week. “My economic development and job creation policies are setting San Francisco on a path toward economic recovery.”

The normally modest mayor is making a rather sweeping statement there — the US economy is improving in general, and I don’t think the mayor can take credit for all of it. But he’s absolutely correct that he’s promoted policies that are aimed at bringing more tech companies in to San Francisco, and over the next few years, they will no doubt create a lot of high-paid jobs for people with specific skills that require a high degree of training and education.

Is that “the right direction” for the city? I lived here the last time that San Francisco was part of a tech boom, and I’m not so sure.

See, bringing all sorts of new wealth into town sounds good on the surface, and for some people — particularly real-estate speculators, landlords and purveyors of high-end services — it is. But in a city that has limited space and nearly unlimited demand for housing, lots of new rich people and lots of high-paid people looking for places to live puts pressure on the existing residents, particularly the poor and the working class. It screws the middle class, too — if you’re a teacher or a nurse and you want to buy a house in San Francisco during a boom, you’re S.O.L. You can barely afford to rent — and if you’re already renting, you’re constantly at risk of losing your home, and your ability to live in this city, because your landlord can make more money kicking you out and selling the place as a tenancy in common to someone with more money.

There’s no way to build enough new affordable rental housing, or housing that middle-class families can buy, to keep up with the demand. It’s impossible. Developers won’t do that — there’s too much money to be made in high-end housing for anyone in the private marketplace to waste time on anything else.

The only way to preserve the middle class in the upcoming boom that Lee is promoting is to aggressively protect existing rental housing stock — which means preventing condo conversions and TICs and the stuff that gets promoted as “middle-class housing.” The only way to prevent massive displacement of people and existing businesses is to regulate space in the city more tightly than anyone has ever done — which will, by its nature, make it harder for the newcomers and new millionaires to find places to live.

That’s the tradeoff. That’s the fact that Lee and his allies don’t seem to want to grasp

Dick Meister: Celebrating the Farmworkers’ Filipino American Champion

1

By Dick Meister

Dick Meister, former Labor Editor of SF Chronicle and KQED-TV Newsroom, has covered labor and politics for more than a half-century. He’s co-author of “A Long Time Coming: The Struggle To Unionize America’s Farm Workers.” Contact him through his website, www.dickmeister.com, which includes more than 350 of his columns.

The birth date of Cesar Chavez, the late farm workers’ leader, will be celebrated next month, and rightly so.  But it’s well past time we also celebrated the life of probably the most important of the other leaders who played a major role in winning union rights for farm workers and otherwise helping them combat serious exploitation.

That’s Larry Itliong. He died 35 years ago this month at age 63. Itliong got involved in the farm workers’ struggle very early in life, not long after he arrived as a 15-year-old immigrant from the Philippine Islands. He was among some 31,000 Filipino men who came to California in the late 1920s.

They migrated throughout the state doing low-paying farm work, isolated from the rest of society and discriminated against because of their race.  They were prohibited from marrying Caucasians, from buying land and otherwise integrating into the community at large.

The Filipinos were perhaps the most isolated of the groups of penniless workers that growers imported from abroad. That, however, caused the Filipinos to band closely together. They formed extremely efficient work crews to travel the state under the direction of their own leaders, at times even forming their own unions.

They actually struck – a rarity for farm workers at the time – when grape growers in Southern California’s Coachella Valley rejected their pay demands in 1965. The strike was led by Itliong, who was then working for the AFL-CIO’s recently-formed Agricultural Workers Organizing Committee. The strikers got what they wanted in just ten days.

Elsewhere, however, the Filipinos were forced to accept growers’ terms, initially after brief strikes at several vineyards to the north.  But their fortunes changed after they struck grape growers in the Delano area of Kern County, where many Filipinos lived.

Again, they called on Itliong to lead them.  He clearly understood the deep anger and frustration that motivated his fellow Filipinos – an understanding based on his own long experience. Soon after he came to California from the Philippines, he turned to farm work and, while still in his teens, was involved in an unsuccessful tomato pickers strike in Washington State.

After that, Itliong traveled up and down California, trying, as he said,  “to get a job I could make money on . . . Whatever money I made from one job was not enough for me to live on until I got to the next job.” He barely made enough to pay for food and the cigars he seemed to be endlessly chomping. School was out of the question. But Itliong did learn plenty.

Like Chavez, he said he learned that farm workers could not improve their wretched working and living conditions, could not win any rights, if they did not band together to demand decent treatment.

Itliong did not have the intellectual and philosophical bent of Chavez. Nor did he share Chavez’ deep distrust of outside unions and their orthodox tactics. But Itliong was as convinced as Chavez of the need for unionization. And the depth of his conviction made Itliong a natural leader among the Filipinos.

He was readily hired as a full-time organizer by the AFL-CIO’s Agricultural Workers Organizing Committee, eventually leading the strike against Delano grape growers that drew worldwide attention, much of it focused on Chavez.

The vineyard strikers were seeking no more than a pay raise of 15 to 20 cents an hour. But growers refused to negotiate with Itliong and meanwhile evicted strikers from the grower-owned camps where they lived.

Growers relied on animosity between Mexican-American and Filipino workers, caused in large part by the growers’ practice of setting up separate camps and work crews for various racial and ethnic groups.

But Chavez, who was then forming a union in Delano for Mexican American workers, did not hesitate when Itliong asked him for help.  Chavez felt that his group, then called the National Farm Workers Association, wasn’t ready to strike itself, but would honor the picket lines of the striking Filipinos.

Yet if they were to honor the picket lines of Itliong’s group, Chavez’ members asked, Why not strike themselves? Why not? And so they did.

That became the grape strike of 1965 that drew worldwide attention and support and ultimately led to the unionization, at long last, of California’s farm workers. It was Larry Itliong and his Filipino members who started it all, and who played an indispensable role throughout the struggle.

Without them there could not have been a strike. Without them, there could not have been the victory of unionization, without them no right for the incredibly oppressed farm workers to bargain with their employers

Within a year of the strike’s launching, Chavez and Itliong’s organizations merged to form what became the widely acclaimed United Farm Workers union – the UFW. Chavez was president, Itliong vice president. Chavez and the UFW’s far more numerous Mexican American members were in firm control.

Itliong never really accepted this situation. He finally resigned from the UFW’s executive board in 1971. He complained that the union’s outnumbered Filipinos “were getting the short end of the stick” from the Anglo lawyers, clergymen and other activists who were Chavez’ chief advisors.

Itliong preferred the more orthodox tactics of the AFL-CIO organizing committee, apparently not realizing it was the unorthodox tactics of Chavez’ group that finally led to unionization – boycotts, non-violence, use of religious and student groups and all manner of other help from outside the labor movement.

But this is not to detract from the extremely important role Itliong played in bringing farm workers a union of their own. He may not have clearly understood the need for new tactics, but he most certainly understood the paramount need of farm workers for unionization, and the great needs of Filipino Americans generally.

Larry Itliong devoted most of his life to seeing that they got much of what they badly needed.

After resigning from the UFW’s executive board, Itliong joined a project to develop desperately needed low-cost housing for the union’s retired Filipino members. Most of them were aging bachelors who had been unable to save much from the pittance growers had paid them for their years of sweating in the fields of California.

Few had families to shelter them now that they could no longer work and so were no longer welcome in the grower-owned labor camps that had been their only homes for decades. They faced living in squalid little rooms on Skid Row, lucky if they got enough to eat, far away from the fellow farm workers who had been their only family.

Itliong was determined that they would have decent housing and helped them get it by playing a key role in construction of a retirement village on union-owned land in Delano. Here they could live among their friends in clean, comfortable rooms, with plenty of food, recreational facilities and medical care.

Dick Meister, former Labor Editor of SF Chronicle and KQED-TV Newsroom, has covered labor and politics for more than a half-century. He’s co-author of “A Long Time Coming: The Struggle To Unionize America’s Farm Workers.” Contact him through his website, www.dickmeister.com, which includes more than 350 of his columns.

Valentine’s Day dump the banks rally: If only all break-ups involved this much singing (VIDEO)

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Protesters across the country participated in “break up with your bank” day on Feb. 14. Several protesters happened throughout the Bay Area, including a demonstration organized by Causa Justa :: Just Cause, Occupy Bernal, Occupy SF Housing, and the San Francisco Tenants Union.

In past months those organizations have variously stopped evictions and foreclosures, prevented homes from being auctioned off, and organized mass protests. They’ve created trouble shutting down bank branches, sometimes for hours, on dozens of occasions.

For Valentine’s Day, protesters decided to have a little fun.

“Our intention is not to shut down the banks,” insisted Causa Justa organizer Maria Zamudio. “Just to break up with them.”

About 60 marched through the financial district Feb. 14, presenting large red broken hearts and “dump the banks” banners decorated with pink balloons.

http://www.youtube.com/watch?v=6-f6pHXQkbs

Security guards at the banks that the group approached locked their doors. Protesters, amused, began chanting “the banks shut themselves down.”

Bank of America building locked their doors when they saw the protest approaching. At the Wells Fargo west coast headquarters around the corner, a representative who identified himself as David accepted the card.

Afterwards, a dozen members of the group headed to City Hall for a Board of Supervisors meeting in support of a resolution brought by Supervisor John Avalos and co-sponsored by Supervisor Eric Mar. The resolution supports the city treasurer’s office in its recent efforts to include social responsibility and community reinvestment in its evaluation criteria as it searches for new banks in which to invest San Francisco’s money. The resolution passed.

“It’s not a victory, but a great step in the right direction,” said Zamudio. She hopes that the social responsibility assessment will look at a bank’s history with predatory loans, investment in small businesses, and refinancing mortgages.

Meet the new supervisor

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Christina Olague, the newest member of the Board of Supervisors, faces a difficult balancing act. She was appointed by Mayor Ed Lee, whom she supported as co-chair of the controversial “Run Ed Run” campaign, to fill the vacancy in District 5, an ultra-progressive district whose voters rejected Lee in favor of John Avalos by a 2-1 margin.

So now Olague faces the challenge of keeping her district happy while staying on good terms with the Mayor’s Office, all while running in her first campaign for elected office against what could be a large field of challengers scrutinizing her every vote and statement.

Olague has strong progressive activist credentials, from working with the Mission Anti-Displacement Coalition to protect low-income renters during the last dot-com boom to her more recent community organizing for the Senior Action Network. She co-chaired the 2003 campaign that established the city’s minimum wage and has been actively involved in such progressive organizations as the Milk Club, Transit Riders Union, and the short-lived San Francisco People’s Organization.

“One of the reasons many of us are so supportive of Christina is she is grounded in the issues of low-income San Franciscans,” said Gabriel Haaland, who works with SEIU Local 1021 and accompanied Olague to a recent interview at the Guardian office.

She also served two terms on the Planning Commission — appointed by Board of Supervisors then-President Matt Gonzalez in 2004 and reappointed by then-President Aaron Peskin in 2008 — where she was known for doing her homework on complicated land use issues and usually landing on the progressive side of divided votes.

“Coming from the Planning Commission, she can do a lot of good,” said Tom Radulovich, executive director of Livable City and a supporter who has worked with Olague for 15 years. “We lost a lot of collective memory on land use issues,” he said, citing the expertise of Chris Daly and Aaron Peskin. “We do need that on the board. There is so much at stake in land use.”

Olague disappointed many progressives by co-chairing Progress for All, which was created by Chinatown power broker Rose Pak to push the deceptive “Run Ed Run” campaign that was widely criticized for its secrecy and other ethical violations. At the time, Olague told us she appreciated how Lee was willing to consider community input and she thought it was important for progressives to support him to maintain that open door policy.

In announcing his appointment of Olague, Lee said, “This is not about counting votes, it’s about what’s best for San Francisco and her district.” Olague also sounded that post-partisan theme, telling the crowd at her swearing-in, “I think this is an incredible time for our city and a time when we are coming together and moving past old political pigeonholes.”

With some big projects coming to the board and the working class being rapidly driven out of the city, progressives are hoping Olague will be a committed ally. There’s some concern, though, about her connections to Progress For All campaign’s secretive political consultant, Enrique Pearce.

Pearce has become a bit of a pariah in progressive circles for his shady campaign tactics on behalf of powerful players. In 2010, his Left Coast Communications got caught running an independent expenditure campaign partly funded by Willie Brown out of Pearce’s office, even though Sup. Jane Kim was both its beneficiary and his client — and that level of coordination is illegal. Last year, Pearce was hired by Pak to create the “Run Ed Run” campaign and write the hagiographic book, The Ed Lee Story, which also seemed to have some connections with Lee’s campaign. The Ethics Commission hasn’t fined Pearce for either incident, and he didn’t return a Guardian call for comment.

Olague told us not to worry. “He’s a friend…and I think it’s an exaggerated concern,” she said, confirming but minimizing his role so far. Yet she hired one of Pearce’s former employees, Jen Low, as one of her board aide. Olague’s other aides are Chris Durazo from South of Market Community Action Network (SOMCAN) and Dominica Henderson, formerly of the SF Housing Authority.

Debra Walker, a progressive activist who served on the Building Inspection Commission and has worked with Olague for decades, said she’s a reliable ally: “She’s from the progressive community and I have no equivocation about that.”

Olague makes no apologies for her alliances, saying that she is both independent and progressive and that she should be judged by her actions as a supervisor. “People will have to decide who I am based on how I vote,” she said, later adding, “I support the mayor and I’m not going to apologize for that.”

 

OLAGUE’S PRIORITIES

Olague was born in Merced in 1961 to a Mexican immigrant father who fixed farming equipment and a stay-at-home mother. She went to high school in Fresno and moved to the Bay Area in 1982. She attended San Francisco State University but had to drop out to help support her family, working at various stock brokerage firms in the Financial District. She later got a degree in liberal studies from California Institute of Integral Studies.

In 1992, Olague’s mother was in serious car accident that left her a quadriplegic, so Olague spent the next seven years caring for her. After her mother died, Olague left the financial services industry and became a community organizer for the Mission Anti-Displacement Coalition, battling the forces of gentrification and then-Mayor Brown and becoming an active player in the ascendant progressive movement.

But Olague never abided progressive orthodoxy. She backed Mark Leno over the more progressive Harry Britt in their 2002 Assembly race and backed Leno again in 2007 when he ran for state Senate against Carole Migden. She also voted for the Home Depot project on Bayshore Boulevard despite a progressive campaign against the project.

Olague worked with then-Sup. Chris Daly to win more community benefits and other concessions from developers of the Trinity Plaza and Rincon Tower projects, but now she is critical of Daly’s confrontational tactics. “Daly’s style isn’t what I agree with anymore,” Olague said, criticizing the deals that were cut on those projects to approve them with larger than required community benefits packages. “I think we romanticized what we got.”

So how does Olague plan to approach big development proposals, and is she willing to practice the brinksmanship that many progressives believe is necessary to win concessions? While she says her approach will be more conciliatory than Daly’s, she says the answer is still yes. “You push back, you make demands, and if you don’t think it’s going to benefit the city holistically, you just fucking say no,” Olague said.

Walker said Olague has proven she can stand up to pressure. “I think she’ll do as well as she did on the Planning Commission. She served as president and there is an enormous amount of pressure that is applied behind the scenes,” Walker said. “She’s already stood up to mayoral pressure on some issues.”

Yet even some of Olague’s strongest supporters say her dual — and perhaps dueling — loyalties to the Mayor’s Office and her progressive district are likely to be tested this year.

“It’ll be challenging for her to navigate,” Radulovich said. “The Mayor’s Office is going to say I want you to do X and Y, and it won’t always be progressive stuff, so it’ll be interesting to see how that plays out.”

But he said Olague’s land use expertise and progressive background will likely count for more than any bitter pills that she’s asked to swallow. “Sometimes, as a policy maker, you have to push the envelope and say we can get more,” he said. “It helps if you’re willing to say no to things and set boundaries.”

When we asked Olague to lay out her philosophy on dealing with land-use issues, she said that her approach will vary: “I have a very gray approach, project by project and neighborhood by neighborhood.”

Only a couple weeks into her new role, Olague said that she’s still getting a lay of the land: “I’m in information gathering mode, meeting with neighborhood groups to try to figure out what their issues are.”

But Olague said she understands that part of her job is making decisions that will disappoint some groups. For example, after Mayor Lee pledged to install bike lanes on Fell and Oak streets to connect the Panhandle to The Wiggle and lessen the danger to bicyclists, he recently stalled the project after motorists opposed the idea.

“I’m a transit-first person, for sure. I don’t even drive,” Olague said of her approach to that issue, which she has now begun to work on. “We’ll try to craft a solution, but then at some point you have to fall on one side or the other.”

 

THE “JOBS” FOCUS

One issue on which Olague’s core loyalities are likely to be tested is on the so-called “jobs” issue, which both Lee and Olague call their top priority. “Jobs and economic revitalization are very important,” she told us.

Progressives have begun to push back on Lee for valuing private sector job creation over all other priorities, such as workers’ rights, environmental safeguards, and public services. That came to a head on Jan. 26 at the Rules Committee hearing on Lee’s proposed charter amendment to delay legislation that might cost private sector jobs and require extra hearings before the Small Business Commission. Progressives and labor leaders slammed the proposal as unfair, divisive, unnecessary, and reminiscent of right-wing political tactics.

But when we interviewed Olague the next day, she was reluctant to criticize the measure on the record, even though it seemed so dead-on-arrival at the Board of Supervisors that Mayor Lee voluntarily withdrew it the next week.

Olague told us job creation is important, but she said it can’t squeeze out other priorities, such as protecting affordable rental housing.

“We always have to look at how the community will benefit from things. So if we want to incentivize for businesses, how do we also make it work for neighborhoods and for people so that we don’t end up with where we were in the Mission District in the ’90s?” she said.

Olague also said that she didn’t share Lee’s focus on jobs in the technology sector. “There’s a lot of talk of technology, and that’s fine and I’m not against that, and we can see how it works in the city. But at the same time, I’m concerned about folks who aren’t interested necessarily in working in technology. We need other types of jobs, so I think we shouldn’t let go of the small scale manufacturing idea.”

Presidio Trust gets sued — for good reason

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The Sierra Club and the Presidio Historical Association have filed suit in federal court charging that the Presidio Trust violated environmental laws when it approved a new luxury hotel for the Main Post area.

The suit reflects the essential problem of the semi-private trust: When you force a national park to make enough money to pay its own way, and you stock the governing board with people who think like real-estate developers, then you create the near inevitability of serious problems.

The complaint, filed by lawyers at the Stanford Environmental Law clinic, argues that the construction of a 95,000-square-foot hotel, consisting of 14 buildings, “will degrade the historic, cultural, and aesthetic values and character of the main post, in direct violation of the duty imposed on the Trust by the National Historic Preservation Act.”

The suit also challenges the adequacy of the environmental impact statement the Trust prepared on the proposal.

The whole idea of a luxury hotel in an urban national park is a bit odd — but then, so is the idea of an 850,000-square-foot commercial office building owned by George Lucas’s outfit and built with a $60 million tax break.

That’s what privatization inspires. That’s why the entire foundation of the Presidio Trust and the law that created it are so fundamentally flawed.

In the meantime, we have this fancy hotel, which ought to go the way of the Fisher museum. It’s so clearly inappropriate for the site (which, by the way, is one of the most important historic sites on the west coast) that it’s hard to imagine how it got this far. (No it’s not — the Presidio Trust is a real-estate development outfit, not a national parks outfit. I keep forgetting.)

So now maybe this lawsuit will stop it in its tracks. Maybe at some point Congress will realize that national parks aren’t supposed to pay for themselves (shall we sell naming rights to the Grand Canyon to Disney?) and repeal the Presidio Trust Act. In the meantime, thanks to the folks who are trying to keep the damage under control.