Real Estate

Editor’s notes

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tredmond@sfbg.com

EDITORS NOTES I know you’re getting a lot of shit these days, and it’s not entirely fair. You’re not the ones making a killing in overpriced real estate. You came here looking for a job, and the jobs you get pay well enough that landlords and speculators can extract wealth that you ought to be able to save or spend in town, creating more jobs for everyone. I can’t blame you for wanting to live in one of the world’s greatest cities; I came here too, from the East Coast, in 1981, looking for work as a writer but mostly looking to live in San Francisco. So did waves of immigrants before me.

But we all have to remember something: There were people living here when we arrived. It was their city before it was ours. And they had, and have, the right to live here, too.

In fact, the people who have been here for 20 or 30 years, who have worked to build this community, have — in a karmic sense — even more right to be here than you. Trite as it sounds, they were here first.

Americans have a bad record when it comes to moving into established populations. Ask any American Indian. Ask the Mexicans about the treaty of Guadalupe Hidalgo.

The hippies who arrived in San Francisco in the 1960s — attracted, among other things, by really cheap rent in the Haight Asbury — weren’t always terribly polite to, or concerned about, the natives who lived there, and had fun teasing the straights and fouling their parks. But they didn’t force anyone else to leave; there was lots of empty space in San Francisco. The city wasn’t kind to them, either — official San Francisco may celebrate the Summer of Love now, but back then, the cops went after the hippies with gusto.

Gay people who arrived in the 1970s — attracted, among other things, by cheap rent in Eureka Valley — faced harassment, discrimination, and brutality.

You, on the other hand, are officially welcomed — the mayor thinks you’re the city’s future. You face no barriers to renting or buying a home, no police crackdowns. The only people unhappy about your presence are the ones who are getting forced out of town to make room for you.

It’s not your fault that the city lacks eviction protections or effective rent control — but it is your fault if you act as if it doesn’t matter. Building community means more than spending money. It means getting involved.

Many of you are tenants. You may be richer than the people who you displaced, but your landlord will cheat you just the same. The Tenants Union needs support. You can be a part of making it stronger. Some of you will have kids at some point; there are great public schools in San Francisco, and I hope you support them.

Meanwhile, you can help keep longtime residents from being forced out. Jeremy Mykaels, a former web designer disabled by AIDS, has set up a site listing all the properties that have been cleared through the eviction of a senior or disabled person (ellishurtsseniors.com). Check it out. Don’t buy those units. If that means you have to live with lesser housing for a while, you can deal. For generations, the rest of us did.

Yeah, we were here first. Show a little humility and a little respect, and perhaps we’ll all get along fine.

 

Treasure Island 2013 lineup is out! Animal Collective, James Blake, Little Dragon, Tricky, Cayucas, and…

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Hey look, it’s Animal Collective! Oh, and James Blake, Little Dragon, Tricky, Cayucas, Phantogram, Beck, and Deep Siver Diver, along with locals Antwon and Giraffage. Treasure Island 2013 (Oct. 19-20) is shaping up to be a pretty great festival season closer, heavy on the electronic.

Tickets are on sale this Fri/31 at 10am. Treasure Island Festival lays it all out here:

General admission tickets:
Early Bird 2-Day Ticket – $130.00 (On Sale Friday, May 31st at 10am)
Advance 2-Day Ticket – $140.00 (Limited Availability When Early Bird Sells Out)
Regular 2-Day Ticket – $150.00 (Limited Availability When Advance Sells Out)

The just-announced line-up is below:
Atoms for Peace
Beck
Animal Collective
Major Lazer
James Blake
Little Dragon
Sleigh Bells
Phantogram
STRFKR
Disclosure
Japandroids
Holy Ghost!
Real Estate
Tricky
Lord Huran
DJ Falcon
Haim
Palma Violets
Poolside
Adult
Cayucas
Robert Delong
IO Echo
Giraffage
Deep Sea Diver
Antwon

Condo bypass legislation now before the full board

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

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

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

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

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

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

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

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

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

The vultures of greed

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A small but enthusiastic crowd marched through the Castro April 20 to bring some attention to the rash of Ellis Act evictions that are forcing seniors and disabled people out of the city. The activists stopped at the home of Jeremy Mykaels, whose plight is symbolic of the state of housing in San Francisco today. Mykaels insists he’s not a public speaker, but his remarks were poignant; we’ve excerpted them here:

I have AIDS and I am being evicted through the use of the Ellis Act. I want to welcome you to my home for the past 18 years, and to my Castro neighborhood where I’ve spent the last four decades, or two-thirds of my life.

I was there at some of the earliest Gay Pride Parades and Castro Street Fairs, listening to speakers like Harvey Milk and seeing entertainers like Sylvester with Two Tons ‘O Fun and Patrick Cowley. I proudly voted for Harvey to become the city’s first openly gay supervisor. I participated in the fight against the Briggs amendment, which would have outlawed gay teachers in California schools. I walked in the candlelight march honoring the lives of Harvey Milk and Mayor Moscone after their assassinations by Supervisor Dan White. And I’ve been here for many other protests and for many other celebrations.

And like most of you, I’ve seen how HIV and AIDS have devastated this community over the years and I have lost most of my closest friends and lovers to this disease. Until 12 years ago I thought I had somehow miraculously escaped it’s clutches, but that was not to be and I have been dealing with that reality as best as I can ever since, with mixed results. And now on top of the great losses this disease has cost our gay community, even more losses are occurring in the form of more and more long-term tenants with HIV/AIDS living in rent-controlled apartments being forced to move out of their homes and/or out of the city after being evicted through the use of the Ellis Act, or who have been scared and bullied by just the threat of an Ellis eviction into accepting low buyout offers to vacate.

I had always thought that I would spend the rest of my life living in this neighborhood and city that I love. Now I know that, like so many others before me who found themselves in similar situations, I will have no choice but to move out.

Tech boom 2.0 has brought out what I call the Vultures of Greed, a de facto alliance of banks, the real estate lobby, and, whether unwittingly or not, city officials like the mayor and several supervisors and the Planning Commission. But the worst Vultures of Greed have been the real estate speculators, many of whom I have listed on my website.

And here I would like to call out my own personal vultures as a prime example of how uncaring real estate speculators can be. The new owners of this property are Cuong Mai, William H. Young and John H. Du, and their business entity is 460Noe Group LLC, based in Union City. These are truly callous individuals who knew from the very beginning that they had a person with AIDS living in the building, and soon after they bought the place they began threatening me with an Ellis eviction if I didn’t accept their low-ball buyout offer and vacate. On September 10th, 2012 they subsequently Ellised the building and served me with eviction papers which means that I will only have until September 10th of this year to legally occupy my apartment. All these men want is the highest profit they can get after they remodel and re-sell this building. They could care less what happens to me when I am forced to move out of the city and no longer have access to all my HIV specialists who have kept me alive for this long. A prospect I’ll admit that, yes, scares me. But these guys, they won’t lose even a seconds sleep over my fate.


Yes, the Vultures of Greed are soaring high with sharpened talons ready to feed upon our city’s seniors and disabled, and on what’s left of our already decimated San Francisco gay community. But we don’t have to allow it. Together with our growing number of allies, we can change minds and we can eventually reclaim this city from the Vultures of Greed.

BTW, we couldn’t reach Mai, Young, or Du, and their lawyer, Saul Ferster, did not return a call seeking comment.

Chiu and Herrera roll up their sleeves for spring cleaning in City Hall

For some time now, oft-labeled “power brokers” with undue influence in San Francisco city government have taken heat for failing to register as lobbyists. At the same time, politically connected insiders are often criticized for manipulating the permitting process for major real estate developments far outside the public gaze.

It’s said that sunshine is the best disinfectant. Yesterday, City Attorney Dennis Herrera and Board of Supervisors President David Chiu introduced a package of reforms designed to shed more light on lobbyists’ practices.

The new set of rules would tighten up lobbying regulations, create new disclosure rules for developers and their lobbyists, create more oversight around city contracting and grant-making, and require the publication of a guide for campaign donors spelling out Ethics laws regarding campaign contributions.

“We’re not demanding of anybody else anything different than we would demand of ourselves,” Herrera said, adding that he and Chiu had been working on drafting the proposal for months.

Chiu and Herrera both vied for the city’s highest office in competition with Mayor Ed Lee in 2011. Since beginning his term as mayor, Lee has drawn sharp criticism for his cozy relationships with former San Francisco Mayor Willie Brown, Chinatown consultant Rose Pak and a handful of others who are not registered as lobbyists.

Without mentioning anyone by name, Chiu noted, “I do think there are individuals who have not registered as lobbyists who probably should.”

The proposed rules would broaden the definition of “lobbyist” under the city’s Ethics regulations. The new definition would include “any individual who makes contact with” an elected official on behalf of an employer or anyone else paying them “for lobbyist services.” If someone makes $1,000 or more per month for lobbying, that person would be considered a lobbyist under the law.

The new legislation would also create new disclosure requirements for “permit expediters,” who work on behalf of developers to hasten the permitting process for major real estate construction. They would have to register with the city’s Ethics Commission and file regular reports about their contacts with city officials. Developers with major planning projects in the pipeline would also have to disclose donations of $5,000 or more to city-based nonprofits.

Chiu noted that he and Herrera had consulted with Friends of Ethics, a group of government accountability advocates that’s been pushing for Ethics reform, for help drafting the proposal.

Chiu and Herrera also acknowledged that better enforcement of existing laws was needed in addition to the proposed legislative reforms. “Our city could be more proactive in enforcing our Ethics laws to the fullest,” Chiu said. “Not just the letter of the law, but the spirit of the law.”

Indicator city

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steve@sfbg.com

When biologists talk about the health of a fragile ecosystem, they often speak of an “indicator species.” That’s a critter — a fish, say, or a frog — whose health, or lack thereof, is a signal of the overall health of the system. These days, when environmentalists who think about politics as well as science look at San Francisco, they see an indicator city.

This progressive-minded place of great wealth, knowledge, and technological innovation — surrounded on three sides by steadily rising tides — could signal whether cities in the post-industrial world will meet the challenge of climate change and related problems, from loss of biodiversity to the need for sustainable energy sources.

A decade ago, San Francisco pioneered innovative waste reduction programs and set aggressive goals for reducing its planet-cooking carbon emissions. At that point, the city seemed prepared to make sacrifices and provide leadership in pursuit of sustainability.

Things changed dramatically when the recession hit and Mayor Ed Lee took office with the promise to focus almost exclusively on economic development and job creation. Today, even with the technology and office development sectors booming and employment rates among the lowest in California, the city hasn’t returned its focus to the environment.

In fact, with ambitious new efforts to intensify development along the waterfront and only lackluster support for the city’s plan to build renewable energy projects through the CleanPowerSF program, the Lee administration seems to be exacerbating the environmental challenge rather than addressing it.

According to conservative projections by the Bay Conservation and Development Commission, the Bay is expected to rise at least 16 inches by 2050 and 55 inches by the end of the century. BCDC maps show San Francisco International Airport and Mission Bay inundated, Treasure Island mostly underwater, and serious flooding the Financial District, the Marina, and Hunters Point.

Lee’s administration has commissioned a report showing a path to carbon reduction that involves promoting city-owned renewable energy facilities and radically reducing car trips — while the mayor seems content do the opposite.

It’s not an encouraging sign for Earth Day 2013.

 

HOW WE’RE DOING

Last year, the Department of the Environment hired McKinsey and Company to prepare a report titled “San Francisco’s Path to a Low-Carbon Economy.” It’s mostly finished — but you haven’t heard much about it. The department has been sitting on it for months.

Why? Some say it’s because most of the recommendations clash with the Lee administration’s priorities, although city officials say they’re just waiting while they get other reports out first. But the report notes the city is falling far short of its carbon reduction goals and “will therefore need to complement existing carbon abatement measures with a range of new and innovative approaches.”

Data presented in the report, a copy of which we’ve obtained from a confidential source, shows that building renewable energy projects through CleanPowerSF, making buildings more energy-efficient, and discouraging private automobile use through congestion pricing, variable-price parking, and building more bike lanes are the most effective tools for reducing carbon output.

But those are things that the mayor either opposes and has a poor record of supporting or putting into action. The easy, corporate-friendly things that Lee endorses, such as supporting more electric, biofuel, and hybrid vehicles, are among the least effective ways to reach the city’s goals, the report says.

“Private passenger vehicles account for two-fifths of San Francisco’s emissions. In the short term, demand-based pricing initiatives appear to be the biggest opportunity,” the report notes, adding a few lines later, “Providing alternate methods of transport, such as protected cycle lanes, can encourage them to consider alternatives to cars.”

Melanie Nutter, who heads the city’s Department of the Environment, admits that the transportation sector and expanding the city’s renewable energy portfolio through CleanPowerSF or some other program — both of which are crucial to reducing the city’s carbon footprint — are two important areas where the city needs to do a better job if it’s going to meet its environmental goals, including the target of cutting carbon emissions 40 percent from 1990 levels by the year 2025.

But Nutter said that solid waste reduction programs, green building standards, and the rise of the “shareable economy” — with Internet-based companies facilitating the sharing of cars, housing, and other products and services — help San Francisco show how environmentalism can co-exist with economic development.

“San Francisco is really focused on economic development and growth, but we’ve gone beyond the old edict that you can either be sustainable or have a thriving economy,” Nutter said.

Yet there’s sparse evidence to support that statement. There’s a two-year time lag in reporting the city’s carbon emissions, meaning we don’t have good indicators since Mayor Lee pumped up economic development with tax breaks and other city policies. For example, Nutter touted how there’s more green buildings, but she didn’t have data about whether that comes close to offsetting the sheer number of new energy-consuming buildings — not to mention the increase in automobile trips and other byproducts of a booming economy.

Tom Radulovich, executive director of Livable City and president of the BART board, told us that San Francisco seems to have been derailed by the last economic crisis, with economic insecurity and fear trumping environmental concerns.

“All our other values got tossed aside and it was all jobs, jobs, jobs. And then the crisis passed and the mantra of this [mayoral] administration is still jobs, jobs, jobs,” he said. “They put sustainability on hold until the economic crisis passed, and they still haven’t returned to sustainability.”

Radulovich reviewed the McKinsey report, which he considers well-done and worth heeding. He’s been asking the Department of the Environment for weeks why it hasn’t been released. Nutter told us her office just decided to hold the report until after its annual climate action strategy report is released during Earth Day event on April 24. And mayoral Press Secretary Christine Falvey told us, “There’s no hold up from the Mayor’s Office.”

Radulovich said the study highlights how much more the city should be doing. “It’s a good study, it asks all the right questions,” Radulovich said. “We’re paying lip service to these ideas, but we’re not getting any closer to sustainability.”

In fact, he said the promise that the city showed 10 years ago is gone. “Gavin [Newsom] wanted to be thought of as an environmentalist and a leader in sustainability, but I don’t think that’s important to Ed Lee,” Radulovich said.

Joshua Arce, who chairs the city’s Environmental Commission, agreed that there is a notable difference between Newsom, who regularly rolled out new environmental initiatives and goals, and Lee, who is still developing ways to promote environmentalism within his economic development push.

“Ed Lee doesn’t have traditional environmental background,” Arce said. “What is Mayor Lee’s definition of environmentalism? It’s something that creates jobs and is more embracing of economic development.”

Falvey cites the mayor’s recent move of $2 million into the GoSolar program, new electric vehicle charging stations in city garages, and his support for industries working on environmental solutions: “Mayor Lee’s CleantechSF initiative supports the growth of the already vibrant cleantech industry and cleantech jobs in San Francisco, and he has been proactive in reaching out to the City’s 211 companies that make up one of the largest and most concentrated cleantech clusters in the world.”

Yet many environmentalists say that simply waiting for corporations to save the planet won’t work, particularly given their history, profit motives, and the short term thinking of global capitalism.

“To put it bluntly, the Lee administration is bought and paid for by PG&E,” said Eric Brooks with Our City, which has worked for years to launch CleanPowerSF and ensure that it builds local renewable power capacity.

The opening of the McKinsey report makes it clear why the environmental policies of San Francisco and other big cities matter: “Around the globe, urban areas are becoming more crowded and consuming more resources per capita,” it states. “Cities are already responsible for roughly seventy percent of global carbon dioxide emissions, and as economic growth becomes more concentrated in urban centers, their total greenhouse gas emissions may double by 2050. As a result, tackling the problem of climate change will in large part depend on how we reduce the greenhouse gas emissions of cities.”

And San Francisco, it argues, is the perfect place to start: “The city now has the opportunity to crystallize and execute a bold, thoughtful strategy to attain new targets, continue to lead by example, and further national and global debates on climate change.”

The unwritten message: If we can’t do it here, maybe we can’t do it anywhere.

 

ON THE EDGE

San Francisco’s waterfront is where economic pressures meet environmental challenges. As the city seeks to continue with aggressive growth and developments efforts on one side of the line — embodied recently by the proposed Warriors Arena at Piers 30-32, 8 Washington and other waterfront condo complexes, and other projects that intensify building along the water — that puts more pressure on the city to compensate with stronger sustainability initiatives.

“The natural thing to do with most of our waterfront would be to open it up to the public,” said Jon Golinger, who is leading this year’s referendum campaign to overturn the approval of 8 Washington. “But if the lens you’re looking through is just the balance sheet and quarterly profits, the most valuable land maybe in the world is San Francisco’s waterfront.”

He and others — including SF Waterfront Alliance, a new group formed to oppose the Warriors Arena — say the city is long overdue in updating its development plan for the waterfront, as Prop. H in 1990 called for every five years. They criticize the city and Port for letting developers push projects without a larger vision.

“We are extremely concerned with what’s happening on our shorelines,” said Michelle Myers, director of the Sierra Club’s Bay Chapter, arguing that the city should be embracing waterfront open space that can handle storm surge instead of hardening the waterfront with new developments. “Why aren’t we thinking about those kinds of projects on our shoreline?”

David Lewis, director of Save the Bay, told us cities need to think less about the value of waterfront real estate and do what it can to facilitate the rising bay. “There are waterfront projects that are not appropriate,” Lewis said. Projects he puts in that category range from a scuttled proposal to build around 10,000 homes on the Cargill Salt Flats in Redwood City to the Warriors Arena on Piers 30-32.

“We told the mayor before it was even announced that it is not a legal use of the pier,” Lewis said, arguing it violated state law preserving the waterfront for maritime and public uses. “There’s no reason that an arena has to be out on the water on a crumbling pier.”

But Brad Benson and Diana Oshima, who work on waterfront planning issue for the Port of San Francisco, say that most of San Francisco’s shoreline was hardened almost a century ago, and that most of the planning for how to use it has already been done.

“You have a few seawall lots and a few piers that could be development sites, but not many. Do we need a whole plan for that?” Benson said, while Oshima praises the proactive transportation planning work now underway: “There has never been this level of land use and transportation planning at such an early stage.”

The Bay Conservation and Development Commission was founded almost 50 years ago to regulate development in and around the Bay, when the concern was mostly about the bay shrinking as San Francisco and other cities dumped fill along the shoreline to build San Francisco International Airport, much of the Financial District, and other expansive real estate plans.

Now, the mission of the agency has flipped.

“Instead of the bay getting smaller, the bay is getting larger with this thing called sea level rise,” BCDC Executive Director Larry Goldspan said as we took in the commanding view of the water from his office at 50 California Street.

A few years ago, as the climate change predictions kept worsening, the mission of BCDC began to focus on that new reality. “How do we create a resilient shoreline and protect assets?” was how Goldspan put it, noting that few simply accept the inundation that BCDC’s sea level rise maps predict. “Nobody is talking about retreating from SFO, or Oakland Airport, or BART.”

That means Bay Area cities will have to accept softening parts of the shoreline — allowing for more tidal marshes and open space that can accept flooding in order to harden, or protect, other critical areas. The rising water has to go somewhere.

“Is there a way to use natural infrastructure to soften the effect of sea level rises?” Goldspan asked. “I don’t know that there are, but you have to use every tool in the smartest way to deal with this challenge.”

And San Francisco seems to be holding firm on increased development — in an area that isn’t adequately protected. “The seawall is part of the historic district that the Port established, but now we’re learning the seawall is too short,” Goldspan said.

BCDC requires San Francisco to remove a pier or other old landfill every time it reinforces or rebuilds a pier, on a one-to-one basis. So Oshima said the district is now studying what it can remove to make up for the work that was done to shore up Piers 23-27, which will become a new cruise ship terminal once the America’s Cup finishes using it a staging ground this summer.

Yet essentially giving up valuable waterfront real estate isn’t easy for any city, and cities have both autonomy and a motivation to thrive under existing economic realities. “California has a history of local control. Cities are strong,” Goldspan said, noting that sustainability may require sacrifice. “It will be a policy discussion at the city level. It’s a new discussion, and we’re just in the early stages.”

 

NEW WORLD

Global capitalism either grows or dies. Some modern economists argue otherwise — that a sustainable future with a mature, stable economy is possible. But that takes a huge leap of faith — and it may be the only way to avoid catastrophic climate change.

“In the world we grew up in, our most ingrained economic and political habit was growth; it’s the reflex we’re going to have to temper, and it’s going to be tough.” Bill McKibben writes in Eaarth: Making a Life on a Tough New Planet. “Across partisan lines, for the two hundred years since Adam Smith, we’ve assumed that more is better, and that the answer to any problem is another burst of expansion.”

In a telephone interview with the Guardian, McKibben discussed the role that San Francisco could and should be playing as part of that awakening.

“No one knows exactly what economy the world is moving toward, but we can sense some of its dimensions: more localized, less material-based, more innovative; these are things that San Francisco is good at,” he told us, noting the shift in priorities that entails. “We need to do conservation, but it’s true that we also need to build more renewable power capacity.”

Right now, CleanPowerSF is the only mechanism the city has for doing renewable energy projects, and it’s under attack on several fronts before it even launches. Most of the arguments against it are economic — after all, renewable power costs more than coal — and McKibben concedes that cities are often constrained by economic realities.

Some city officials argue that it’s more sustainable for San Francisco to grow and develop than suburban areas — thus negating some criticism that too much economic development is bad for the environment — and Radulovich concedes there’s a certain truth to that argument.

“But is it as green as it ought to be? Is it green enough to be sustainable and avert the disaster? And the answer is no,” Radulovich said.

For example, he questioned, “Why are we building 600,000 square feet of automobile-oriented big box development on Hunters Point?” Similarly, if San Francisco were really taking rising seas seriously, should the city be pouring billions of dollars into housing on disappearing Treasure Island?

“I think it’s a really interesting macro-question,” Jennifer Matz, who runs the Mayors Office of Economic Development, said when we asked whether the aggressive promotion of economic development and growth can ever be sustainable, or whether slowing that rate needs to be part of the solution. “I don’t know that’s feasible. Dynamic cities will want to continue to grow.”

Yet that means accepting the altered climate of new world, including greatly reduced fresh water supplies for Northern California, which is part of the current discussions.

“A lot of the focus on climate change has moved to adaptation, but even that is something we aren’t really addressing,” Radulovich said.

Nutter agreed that adapting to the changing world is conversation that is important: “All of the development and planning we’re doing today needs to incorporate these adaptation strategies, which we’re just initiating.”

But environmentalists and a growing number of political officials say that San Francisco and other big cities are going to need to conceive of growth in new ways if they want to move toward sustainability. “The previous ethos was progress at any cost — develop, develop, develop,” Myers said, with the role of environmentalists being to mitigate damage to the surrounding ecosystem. But now, the economic system itself is causing irreversible damage on a global level. “At this point, it’s about more than conservation and protecting habitat. It’s about self-preservation.”

Proposal would halt condo conversions for ten years

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

No golden years for LGBT seniors

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According to studies, queer seniors are poorer than their straight counterparts. They’re half as likely to have health insurance, and two-thirds as likely to live alone. Not to mention facing discrimination in medical and social services, retirement homes, and nursing care facilities. So much for the “golden years.”
Here in San Francisco, LGBT seniors face another grave threat: evictions. Many of our elderly live in rent-controlled apartments that are targeted by real-estate speculators and investors out to make big bucks turning them into tenancies-in-common.

With median rents close to $3,000 a month and vacancy rates low, the odds are pretty good that an evicted senior won’t find an affordable place in the city. For a senior with AIDS, an eviction is especially threatening since our city offers the best treatment and services. Studies show that people with AIDS who lose their apartments tend to die sooner, especially if they become homeless. 

The only LGBT organization that actually addresses the housing needs of queer seniors is Open House. Its 110 units at 55 Laguna will be the first affordable queer senior housing development in the city. I hope it’s not the last. As for seniors with AIDS, there’s only one AIDS organization in the vast list of groups and services — the AIDS Housing Alliance — that actually finds housing for its clients. It was started by Brian Basinger, a gay man with AIDS, after he was evicted and his apartment was sold as a TIC.

No one knows how many LGBT seniors have been, and are being, evicted. Ditto for how many seniors with AIDS end up on the streets. We also don’t have stats on how many transgender seniors are victims of real estate greed or live in absolute terror of losing their homes. 

The Rent Board doesn’t break down its eviction stats by sexual orientation or even age. The city’s homeless count doesn’t mention if someone’s queer or transgender. There is no way to determine how many LGBT seniors live in SROs or with life-threatening conditions such as mold or lack of heat. Or how many live in homes that have been — or are being — foreclosed.

That’s why the housing subcommittee of the city’s LGBT Aging Policy Task Force is holding a hearing into the housing needs and concerns of queer seniors. Information is power.

All LGBT seniors — housed and homeless — are invited to come testify about their housing issues. Whether they live in an SRO or a home that they own, whether they sleep in a shelter or a rent-controlled apartment, whether they’re in a subsidized unit or an illegal in-law, the subcommittee wants to hear from them about their concerns and needs.

The subcommittee will ultimately be making recommendations that will be included in a task force report on what the city can do to address LGBT issues.
LGBT seniors deserve their golden years.

The hearing is Monday, April 1, 9am to 12 noon, room 416, City Hall. Written testimony accepted. For more info, call Tommi at 415-703-8634.
Tommi Avicolli Mecca is a longtime queer and tenants rights/affordable housing activist who works for Housing Rights Committee. He is a member of the LGBT Aging Policy Task Force.

Our Weekly Picks: March 20-26, 2013

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WEDNESDAY 20

Mr. Marina Competition

Why would you pay $50 for an hour of hosted Skyy vodka and Peronis? Why, when it’s preceding what may well be the most self-aware (we hope) SF bro moment of the year: the two-year-old Mr. Marina competition. The winner among 10 brah-ly contestants will become VIP at various Marina businesses for 2013 and will be proud that he slapped cancer, as goes the moniker for the Leukemia and Lymphoma Society booster club through which this event’s proceeds are donated to fighting disease. Swimwear competition, talent portion, and impromptu question fielded in stereotypically “Marina” outfits will help judges pick a dude-gem. (Caitlin Donohue)

7pm-11pm, $50

Ruby Skye

420 Mason, SF

mrmarina-fb.eventbrite.com

www.slapcancer.org

 

Chelsea Light Moving

Kim Gordon’s new band, Body/Head, was just here for a Noise pop show, so….let’s just get this out of the way: yes, Sonic Youth’s Thurston Moore is the guitarist-vocalist-songwriter behind Chelsea Light Moving. And no, Sonic Youth does not have plans to reunite. Chelsea Light Moving is now on its first official tour, in support of its self-titled debut album, which came out March 5 on Matador Records, and has the bloggers buzzing. The post-rock foursome, named for an actual moving company run by Philip Glass and Steve Reich, maintains Moore’s jagged guitar work and tendency towards the fuzz, but some tracks hold a quieter calm, and lean more toward pop than Sonic Youth ever did, which is an interesting departure. San Francisco’s harmonious post-punk trio Grass Widow opens. (Emily Savage)

With Grass Widow

8pm, $21

Great American Music Hall

859 O’Farrell, SF

www.slimspresents.com


THURSDAY 21

“Growing Pains: Business of Cannabis”

Where have the federal intervention of past years and the more recent steps forward in legalizing marijuana across the country left us in the fair city of San Francisco? At this talk, hear thoughts from long-haired news contributor to fellow SF Newspaper Company-owned publication SF Examiner, Chris Roberts, and ex-marijuana grower Heather Donahue who yes, also starred in the swervy shots of 1999’s Blair Witch Project. More relevant for the purpose of this blurb, Donahue wrote a book about her experience in small town NorCal weed country, and coupled with Roberts’ knowledge of Bay Area weed businesses, their thoughts should make interesting discussion. If you’ve already got a burning question for the duo, send it in advance of the event to growingpains@sfappeal.com. (Donohue)

6:30-7:30pm, free

RSVP recommended at info@ybcd.org

San Francisco Planning and Urban Research Association (SPUR)

645 Mission, SF

www.visityerbabuena.org

 

Shen Wei Dance Arts: “Undivided Divided”

The Opening Ceremonies of the 2008 Beijing Olympics presented stunning artistic spectacles (minus that whole unfortunate thing with the lip-syncing scandal), and Shen Wei, their choreographer, played a large role. The Ceremonies offers a good example of the artist’s work, which is known for its bridging of cultures and melding of the traditions of dance with innovative contemporary techniques. Shen Wei comes to YBCA with a long list of credentials — including a MacArthur Award and Guggenheim Fellowship — and a spectacular performance, “Undivided Divided,” that involves dancers moving in grids of different mediums such as sculpture and paint. (Laura Kerry)

Through March 24

8pm, $25

Yerba Buena Center for the Arts

701 Mission, SF

(415) 978-2700

www.ybca.org

 

Mohani

“Chillwave” or “chill-vibe” music. Are those terms en vogue or just plain nauseating? Whatever your opinion, there’s no escaping the fact that this Mashi Mashi Presents show will be an evening of electronic, dream-pop, and synth. When Mohani (Oakland’s own Donghoon Han) unleashes his own brand of K-Pop meets Joe Meek’s version of outer space, the soundscape will in fact leave you mellowed out. (This is his album release show.) Deliciously, atmospheric synth blips will rule this night featuring some truly emerging artists, while a good hook for the sake of song structure will not be forgotten. Keep your ears tuned in between acts as the DJ interweaves some carefully selected tracks to keep things moody. (Andre Torrez)

With Li Xi, THEMAYS, DJ Mashi Mashi

9pm, $7 Knockout

3223 Mission, SF

(415) 550-6994

www.theknockoutsf.com


FRIDAY 22

Murs

This ubiquitous LA-based rapper has eight solo albums out, one in the mix, and a hand in half a dozen side projects and collectives, often featuring in three or four different albums per year. Whether he’s going solo, rapping with Atmosphere’s Slug in their duo Felt, or getting indie-licious with Living Legends, Murs’ smart and surefooted rhymes stand out. He recently stirred up some controversy in the hip-hop community for featuring a gay kiss in one of his videos to highlight his support of marriage equality, a bold move both atypical of rappers and extremely fitting of Murs. He seems to have taken his own advice to heart when he raps on “Everything”, “Be original/Be different/Be the one to stand up and shock this system.” (Haley Zaremba)

With Prof, Fashawn, Black Cloud

9pm, $21

Slim’s

333 11th St, SF

(415) 255-0333

www.slimspresents.com

 

Ducktails

Ducktails produces summery rock. The band’s third album, The Flower Lane, released this past January, could span a lazy day at the beach; the low-key but bright album opener, “Ivy Covered House,” provides the soundtrack to a short drive with windows down, while the breezy love song, “Letter of Intent,” underscores the last embers of nighttime bonfire. The side project of Real Estate’s Matt Mondanile, what started as a solo act has developed into a tight band that performs upbeat pop songs to full audiences. Ducktails brings to these, along with a bit of premature summer, to the Chapel tonight. (Kerry)

With Mark McGuire

9pm, $15

Chapel

777 Valencia, SF

(415) 551-5157

www.thechapelsf.com


SATURDAY 23

The Specials

Let’s begin with pick-it-up, pick-it-up songs “A Message to You, Rudy,” and “Nite Klub,” and upbeat haunter “Ghost Town” — British two-tone legends the Specials released now-classic ska gems early in their career, beginning in ’79 with their self-titled debut. The band inched up through the early ’80s with followup, More Specials and more danceable two-tone tracks like anti-work anthem “Rat Race” and foggy “Stereotype/Stereotypes, Pt. 2.” Over the decades the band has broken up, gotten back together, gained and lost members, experience shiny revival popularity, and remained that of checkerboard legend. See the Specials live now, while you still have the joint strength to skank in the pit. (Savage)

With Little Hurricane, DJ Harry Duncan

Warfield

928 Market, SF

(415) 345-0900

www.thewarfieldtheatre.com

 

Christopher Owens

For most singer-songwriters who break big, life becomes a wild ride. For Christopher Owens, the critical and commercial success of his band Girls was just another event in a lifetime of crazy trips. He’s been, among other things, a cult member, a drug addict, a knife salesman, and a punk rocker. With such experiences, he has enough material for a lifetime of therapeutic songwriting. But Owens only seems to be able to write about one thing — love. While Girls tried their hardest to perfect the indie love song, Owens’ new solo album Lysandre tries harder. The record itself is one huge love story about a girl he met while on tour with Girls in France, and the duo’s subsequent rise and fall. The music and the lyrics are earnest, simple, and heart-achingly relatable. While the loss of Girls is a blow to the San Francisco music scene, one listen to Lysandre certainly eases the pain. (Zaremba)

8pm, $25

Palace of Fine Arts

3301 Lyon, SF

(415) 567-6642

www.apeconcerts.com


MONDAY 25

Half the Sky

Nicholas Kristof and Sheryl WuDunn’s best-selling book Half the Sky: Turning Oppression into Opportunity for Women Worldwide inspired many of its readers to become activists. Its message has been further shared thanks to a four-hour PBS documentary highlighting international women’s rights issues, with a little celebrity help from Diane Lane, Meg Ryan, Gabrielle Union, and others. In honor of Women’s History Month, the Guardian’s own Caitlin Donohue hosts an abridged screening of this important film, followed by what’s sure to be a lively discussion about San Francisco’s role in advancing women’s rights worldwide. (Cheryl Eddy)

7pm, free

Artists’ Television Access

992 Valencia, SF

www.atasite.org

 

Iceage

This band of young ruffians out of Copenhagen has had a whirlwind adolescence. After two albums and international acclaim, the gents in Iceage are still teenagers at 19-years-old. 2011’s New Brigade and this year’s You’re Nothing add up to one searing hour of punk rock fueled by the sort of unbridled, unfiltered fury that only coming of age can produce. Their particular sound mashes in elements of post-punk, hardcore, and industrial to create a delicious sonic mess. The group recently came under fire after a blogger posted a conspiracy theory-esque article about Iceage’s “chic racism.” Though the claims were unfounded and the research woefully incomplete, the allegations just won’t disappear. But hey, the rage and confusion stemming from this sort of injustice and abuse of modern forms of communication seems like a recipe for a great follow-up album. (Zaremba)

With Merchandise, Wet Hair, DJ Omar

8pm, $12

Rickshaw Stop

155 Fell, SF

(415) 861-2011

www.rickshawstop.com


TUESDAY 26

Caveman

It’s not just that Caveman’s music is dreamy, but it also shares qualities with dreams. The band’s first album, CoCo Beware (2011) simultaneously sounds close and ambiently distant. Caveman’s self-titled second album, released April 2, will build on these effects, which have produced compelling performances and earned the band impressive recognition in the past couple of years. With beautifully pure vocals and beats that are funkier than expected, the band plays folk-pop with a vividness of a daydream or the last images before waking. Get swept up in the momentum of Caveman’s reverie at the Independent. (Kerry)

With Pure Bathing Culture

8pm, $15

Independent

628 Divisadero, SF

(617) 771-1421

www.theindependentsf.com


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Condo conversion compromise in the works despite Realtors’ resistance

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

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

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

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

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

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

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

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

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

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

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

The America’s Cup is killing us!

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First Larry Ellison and his rich cronies try to perpetrate an audacious real estate scam on San Francisco, after pitting us against other cities to host his America’s Cup race. Even though we were able to scale back that swindle, they still evicted Teatro ZinZanni from Pier 27 so they could profit from overpriced waterfront concerts at the spot they supposedly need for their boat race — lying, cheating and corrupting the system along the way.

Then we learned that Ellison, the world’s fifth richest man, and the other 1-percenters on the America’s Cup Organizing Committee, may stick San Francisco taxpayers with a $20 million bill for their race because they’re all too greedy and selfish to honor their private fundraising commitment – which they could cover by simply writing checks for amounts they would barely notice, and which they’d probably find a way to write off of their taxes anyway.

And now, on top of all those outrageous indignities … they’re killing people!

Well, maybe Ellison and his crew aren’t actually committing murder. But during last weekend’s venerable Escape from Alcatraz triathlon – which was moved up from the warm-ish summer months to the frigid winter because the yachts are apparently unable to share the bay for a few hours one morning – one man died of a heart attack and 150 participants had to be rescued (three times the normal number) because the water was so dangerously cold.

Just one more example of how overentitled rich people, with the active complicity of the Mayor’s Office, are having their way with San Francisco, heedless of the consequences.

Compromised position

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steve@sfbg.com

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

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

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

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

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

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

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

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

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

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

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

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

 

 

ADMINISTRATOR-IN-CHIEF

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

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

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

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

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

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

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

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

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

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

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

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

 

 

CHIU’S CENTRAL ROLE

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

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

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

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

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

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

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

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

“Unlikely trio” of supervisors saves CPMC hospital deal

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An ideologically diverse trio of supervisors, a community-minded mediator, and a deliberate negotiations process (one that that involved local stakeholders and verified corporate claims) has managed to do what the Mayor’s Office couldn’t: reach an agreement that seems to be a good deal for the city and has broad political support for California Pacific Medical Center to build two new full-service hospitals in town.

It differs from the disastrous deal announced by Mayor Ed Lee last year in key ways. St. Luke’s Hospital – a staple of care for low-income San Franciscans that must to rebuilt to meet new state earthquake safety standards – will be about 50 percent larger than previously proposed, while the new luxury hospital that CPMC has been trying to build on Cathedral Hill will be about 50 percent smaller.

That simple flip alleviated much of the Cathedral Hill project’s impact on traffic and affordable housing – which CPMC will still pay $14 million and $36.5 million respectively to mitigate, more than in the previous agreement and part of a roughly $80 million payment to the city – and overcame community concerns about the company’s commitment to St. Luke’s.

The new deal also has stronger local hiring requirements and more stringent guarantees that CPMC will serve MediCal patients and provide more charity care to the poor, regardless of the company’s financial situation, while maintaining contributions to community-based organizations at the same level as under the previous agreement.

In many ways, the agreement repudiates the deal cut last year by Mayor Ed Lee, which CPMC refused to significantly modify or even support with verifiable financial claims even as it fell apart in spectacular fashion under scrutiny last year by the Board of Supervisors, particularly during hearings at the Land Use Committee chaired by Sup. Eric Mar.

That flawed deal was rushed to completion just as the Saleforce headquarters expansion that had been trumpeted by Lee and the America’s Cup real estate deal both fell apart, which sources tell the Guardian put pressure on Lee to quickly deliver something to the business community and building trades (read tomorrow’s Guardian for more on Lee’s approach to tough negotiations and its implications).

But today’s press conference to announce the new deal at St. Luke’s was a forward-looking celebration of what was universally lauded as a big victory for the community. And most of the credit seems to go to mediator Lou Giraudo, who owns Boudin Bakery, and Sups. David Campos, David Chiu, and Mark Farrell, who all stepped up late last summer to salvage the project.

“There are two stories: the deal itself and the process,” Giraudo told the crowd. He said that he had some trepidation going in and that all he knew of the supervisors was what he read in the newspapers, and that the three represented the left (Campos), right (Farrell), and center (Chiu). Giraudo said they were the keys to making this deal happen.

“I have never been so impressed by politicians to come together as one,” Giraudo said, praising the trio for working hard, bringing in outside expertise to verify CPMC’s financial claims, and working with their constituencies. “We depoliticized together and then we built trust.”

Farrell also praised both the deal – “It ensures we have access to quality health care for years to come in San Francisco.” – and the process, in which the three supervisors worked well together. “I think about the future of the Board of Supervisors and us working together as colleagues,” he said. “None of us have spent more time on anything than we have CPMC.”

Campos echoed the point. “I really cannot be more proud of the work that we as the Board of Supervisors did here,” Campos said, noting how they had all committed to work together for the good of the city, demonstrating “how we, as the Board of Supervisors, can work on even the most difficult issues and resolve them.”

He also praised his constituents in the community coalition of labor, housing, and social justice advocates – including San Franciscans for Healthcare, Housing, Jobs, and Justice – who had pushed for a better deal for San Francisco. “This is a victory for them at the end of the day,” Campos said, singling out their consultant Paul Kumar for helping shape a deal that ensures that, “St. Luke’s plays a large role in the CPMC system.”

Kumar, a consultant with the National Union of Healthcare Workers who wasn’t at the event, later told the Guardian, “This is a victory for democratic planning.” He noted that CPMC and its parent company, Sutter Health, are notoriously hard-nosed negotiators and that he’s hoping this agreement represents a turning point in their relationship with the community and their employees.

“The question is if we can parlay this into a better and more responsible relationship between Sutter and the city,” Kumar said.

Chiu – who has been at the center of several difficult city negotiations in recent years, and who helped lead the board’s charge against CPMC last year – told the conference, “When we started this process, I was not hugely optimistic we would get here,” calling the supervisors “an unlikely trio.” But he praised all parties involved for working to get a deal with strong local hiring and charity care provisions.

“This is a comprehensive project,” Chiu said.

When Lee spoke, he praised the deal and the crucial role played by the three supervisors. “This project would not have gotten done without their direct involvement,” said Lee, who didn’t attend any of the dozens of negotiating sessions, although Ken Rich from the Mayor’s Office was involved. Yet the unusually grim-faced mayor also seemed to bring up the only doubts expressed about the deal, saying “The job is never done, this is an announcement about where we are today” and vaguely warning that, “It’s sensitive, people do have trepidation about what this will mean to them going forward.”

Afterward, Lee took reporters’ questions while walking steadily to his car, without pausing to get into what he was alluded to or why this deal seems so much better than the one he cut, except to say that the “health care landscape has changed.” Later, a mayoral staffer who would only speak on background, said one key to this deal was that CPMC had decided that demand for hospital beds would drop in the future and that they needed fewer in San Francisco.

CPMC CEO Dr. Warren Browner, who had some tough clashes with supervisors last year, didn’t go into the reasons behind the sweetened deal during his presentation (except to contest Giraudo’s comment that he had fought through “deal fatigue and was weary at times” by saying that he actually had a lingering case of “walking pneumonia” that he thanked CPMC’s medical staff for helping to cure.).

After comparing the negotiations to the legend of Sisyphus repeatedly pushing a boulder uphill, Browner said, “We are looking forward to going through the process and putting shovels in the ground, hopefully in 2013.”

 

Terms of the deal, which were formally introduced at today’s Board of Supervisors meeting, include:

  • Permits for a 120-bed St. Luke’s Hospital, 274-bed Cathedral Hill Hospital (or an additional 30 beds if St. Luke’s operates at 75 percent capacity), medical office buildings at both hospitals, a parking garage with up to 990 spaces (limited to CPMC staff and patients only) on Cathedral Hill, and a new Neurosciences Institute at Davies Medical Center.

  • St. Luke’s Hospital will have a number of specified services – including acute care, senior and community health care, labor and delivery, intensive care, cancer treatment, mental health services, and outpatient care – to ensure it remains a full-service hospital.

  • CPMC caring for 30,000 charity care and 5,400 Medi-Cal managed care patients per year, limits on healthcare cost increases to city employees, and CPMC endowing a new $9 million Healthcare Innovation Fund to increase capacity at local clinics.

  • CPMC contributing $36.5 million to the city’s affordable housing fund and paying $4.1 million to replace the homes it displaces on Cathedral Hill.

  • At least 30 percent of construction job and 40 percent of the permanent entry-level positions in the new facilities will be San Franciscans, and CPMC will contribute $4 million to job training.

  • To offset transportation impacts at Cathedral Hill, CPMC will give $14 million to the SFMTA and “institute a robust transportation demand management program,” as well as spending $13 million on pedestrian safety and streetscape improvements at all its San Francisco facilities.

 

 

Plan C, and the C stands for Condo conversions

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No politically savvy San Franciscan has ever really bought the rhetoric espoused by the so-called “moderate” political action group Plan C that it’s all about finding middle ground between what its website calls “a ‘downtown’ machine, and a far-left, dogmatic, so-called ‘progressive’ machine.” As if that unbalanced labeling wasn’t enough of a indicator, the fact that its funding comes from all the biggest cogs in the downtown machine should be.

But now, as the group’s members aggressively work to open the flood gates on converting San Francisco’s rent-controlled apartments into privately controlled condominiums, it’s become more clear than ever that the C stands for Condo and that the financially motivated group is moving the agenda of the real-estate and investment interests that dominate its Board of Directors.

City Hall sources connected to the ongoing meetings that Sups. David Chiu and Mark Farrell have been holding with stakeholders on the controversial condo lottery bypass legislation sponsored by Farrell and Sup. Scott Wiener say there were indications of possible compromise that came out of the first mediation meeting.

That one primarily involved the tenant advocates who have led the charge against the legislation and the representatives for tenancy-in-common owners seeking to buy a bypass to the city’s condo conversion lottery that only allows 200 new condos per year. There were whispers that came from that meeting of a compromise that would allow a one-time bypass in exchange for shutting down the lottery for several years, or indexing it to the construction of new housing for low-income San Franciscans.

Since then, the sources say, Plan C and their partners in the real-estate industry have dominated the meetings with their dogmatic advocacy for indefinitely allowing the maximum number of condo conversions. Despite public statements by Farrell and Wiener that they just want to clear out some backlog without encouraging more landlords to convert apartments to TICs in the future, Plan C just wants to feed more affordable apartments into the expensive real estate market.

Some basic research on the group and its Board of Directors seems to show that this position is about financial self-interest rather than values or ideology.

Plan C Co-Chair Steve Adams is a regional manager for Sterling Bank & Trust, which has consistently been one of the city’s top TIC lenders and which recently sponsored a forum encouraging more conversion of apartments, promising to increase its loan volume, and painting a rosy picture of the TIC financing market that belies Wiener’s claims that TIC owners can’t get financial relief and need the city’s intervention.

One of the key presenters at that symposium was TIC attorney Lyssa Paul, who is also a Plan C board member and someone who makes her living creating more TICs. Other members of the 12-member board who make their living in the real estate industry and benefit directly for TICs conversions are Amanda Jones and Brian Hecktman. Other bankers or investment managers on the board that benefit from the TIC business are Ashley Lyon and Bob Gain.

Co-Chair Mike Sullivan is a venture capital attorney who created Plan C in 2001 and used it to help then-Sup. Gavin Newsom sell his Care Not Cash homelessness plan and run for mayor. Randy Brasche is in software marketing and got involved in the issue being frustrated with the condo lottery and [[CORRECTION/DELETION: last year]] forming the San Francisco TIC Coalition.

Board member David Fix is [[CORRECTION/ADDITION: the former]] president of the Small Property Owners of San Francisco, so it’s possible that his interest is as much ideological as financial, particularly given his past public statements against rent control. That may also be the case with Baha Hariri, a principal at A&F Properties and the former political director of the downtown-funded-and-created Committee on Jobs.

Among the downtown players that fund Plan C, which was sitting on $73,872 in the bank as of the start of this year, are the Committee on Jobs, the San Francisco Association of Realtors, PG&E, San Francisco Apartment Association, Small Property Owners of San Francisco, Shorenstein Realty, the San Francisco Chamber of Commerce, and venture capitalist Ron Conway.

So Plan C appears to be little more than Plan A’s deceptive effort to push Plan Condo. BTW, I’ve been waiting more than 24 hours now to get a call back from the Plan C board, after leaving a message with its only paid administrator, Richard Magary, who told me Sullivan and his colleagues are all quite busy now. But I’ll be happy to update this post if and when I hear back.

2/22 UPDATE: Still no call back from Plan C, but Fix made a comment requesting the two minor corrections above. C’mon, Plan C, gimme a call, what are you so afraid of?

Can we have cool new additions without gentrifying the Mission?

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Do livability and gentrification go hand-in-hand? In other words, as you improve a neighborhood like the Valencia Street corridor with bike lanes, wide sidewalks, parklets, and other improvements that are part of the so-called “livability agenda,” does that necessarily drive up rents and force out the working class?

That was a contention made to me recently by owner of nightclubs and small business advocate Michael O’Connor, who has been critical of the Valencia Street improvement project and other initiatives supported by the group Livable City and its Executive Director Tom Radulovich. And it’s part of a larger discussion about whether neighborhoods pay a price for their own success.

O’Connor says the toll taken by livability projects is just too high in the form of rising rents and lost diversity, which is why he’s focused on Oakland for his latest business ventures. Radulovich understands the concern, but he says that safety measures like pedestrian-friendly design and lighting improvements shouldn’t be avoided simply because they make a neighborhood more attractive, and that the answer is making sure social justice and equity remain part of these political conversations.

Frankly, as a resident of the Mission, I had to admit O’Connor’s point that the Valencia Street Improvement Project – in combination with condo conversions, the latest dot-com boom (those dreaded Google-busers), and other upward pressures on cost of living – had the the effect of sterilizing and gentrifying that once-vibrant corridor.

Now, those who want to open cool new businesses in the area have turned to Mission Street, where the commercial rents are still reasonable but also rising, and there are some people wringing their hands about that now too. It’s sort of an economic development domino theory in reverse.

The Mission Local blog last month ran a post that mentioned my friend Illy McMahan’s groovy new store on Mission near 20th Street: Carousel SF, a consignment store featuring the stylishly re-purposed furniture, golden flea market finds, and the works of local artists (many from the Burning Man world, where McMahan met her business partner Kelley Wehman among the indie circus freaks of the Red Nose District).

The article presented that and other more upscale new Mission Street businesses – including Hi-Lo BBQ and Mission Oyster Bar – as spilling over from their “saturation” of Valencia Street, and some comments denigrated the “yuppie real estate developers” behind the trend and said, “Will the last Latino left in the Mission please turn off the lights on the way out.”

I understand the sentiment, but I’m still troubled by it in the same way that I am with O’Connor’s belief that livability improvements should be abandoned because they can gentrify an area. As I’ve argued before, it’s up to San Francisco’s political class to find a way to maintain the city’s affordability and diversity and balance that against its relentless economic development promotion.

After all, McMahan is a single mother of modest means, and the fact that she has an opportunity to start a business based on her sense of style and network of contacts with artists should be a good thing for San Francisco. She and Weham went through The Women’s Initiative training program to learn about operating a small business, getting a loan to open through its Working Solutions affiliate.

“Since 1988, Women’s Initiative has been assisting high-potential low-income women who dream of business ownership,” reads a description on its website, noting that 99 percent of participants are low-income women and 78 percent are women of color. Combine that with McMahan and Wehman’s artistic roots in the Burning Man world — and the need for artists to have outlets to sell their works here — and it’s hard to imagine a business that is more quintessentially San Francisco than this one.

“This store represents our take on aesthetics and our mutual love for all things previous and peculiar. It also gives us the opportunity to showcase the incredibly talented artist communities we’re fortunate to be a part of, while keep the pricing at an affordable level throughout the store,” McMahan says in a press release announcing the recent opening of Carousel SF.

Will this cool new business attract other ones near it? I’m sure they hope so. Will that begin to cause Mission Street to go the way of that parallel universe a block away on Valencia, with rising rents and the calls for livability improvements that inevitably follow? I sure hope not. But our challenge now is to facilitate the dreams of low-income women who strive to be small business owners while ensuring that they can remain welcome and stable in the neighborhoods that they’re helping to improve.

Two good questions for Mayor Lee

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UPDATED When Mayor Ed Lee appears before the Board of Supervisors this afternoon (Tues/12) for the voter-mandated monthly “Formal Policy Discussions” (aka Question Time), he will be asked a couple of good, relevant questions with no easy answers. This is exactly what voters and progressive supervisors intended, a serious policy discussion, rather than sterile, hollow ritual that our current crop of politicians have turned it into.

The first question is by Sup. Eric Mar, who asks, “The Municipal Transportation Agency recently released its Draft Bicycle Strategy, which lays out an aggressive plan to upgrade San Francisco’s bicycle facilities. It supports biking for everyone, including seniors, families, and persons with disabilities. However, I am hearing growing concerns both in my district and city-wide about the mismatch between verbal commitments to better bicycling and budget realities. Currently, bicycle projects account for just 0.46 percent of all MTA capital. This is not enough to get us to the goals laid out in the Bicycle Strategy. How will you fund the Bicycle Strategy to make San Francisco a national leader in bicycling safety and use?”

Great question! This report, which came out in December, has the modest, realistic goal of increasing the share of vehicle trips taken by bike from 3.5 percent last year up to 8-10 percent by 2018. That already seems to abandon the official city goal – heavily touted by Lee and Board President David Chiu – of 20 percent by 2020. But even this new plan isn’t fully funded, so the question is simply asking the mayor whether he will put his money where his mouth is.

The second question comes from Chiu, who is trying to find a way to mediate the very real and challenging dispute between the city’s renters and those trying to convert more apartments into condos. Understanding where Lee stands on the issue is important to solving this problem, and Chiu’s question seems to genuinely seek guidance from the chief executive.

He asks, “Mr. Mayor, the Board of Supervisors is considering legislation to allow existing owners of Tenancies in Common (TICs) to bypass the condominium conversion lottery and be converted after the payment of a fee. I recently asked supporters of the legislation and tenant advocates to engage in negotiations, which Supervisor Farrell and I are hosting.

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

Again, excellent questions that go right to heart of one of the central struggles facing this city: Who gets to live here? And given Lee’s role in relentlessly promoting taxpayer-subsidized economic development strategies that are gentrifying the city and fueling this clash, one could argue that he has a moral obligation to help find a solution to this problem, or at the very least to say where he stands so voters can judge him accordingly.

Mayor Lee received these questions last week, so he and his staff have had plenty of time to think about them and prepare real, substantive answers. Will we get real answers or just the normal political platitudes that kick the can down the road in dealing with these pressing problems? We’ll see. Tune in at 2 pm to SFGOVTV to watch yourself, or check back here later and I’ll tell you what Mayor Lee said.

4PM UPDATE: And the winner is…meaningless political platitudes, misleading data, and shameless fence-sitting.

“I can’t say that I have a magic solution to this issue that will make everyone happy,” was how Mayor Lee answered Chiu’s question about the condo lottery bypass legislation, after saying he understood the positions of TIC owners who want to convert to condos and tenant groups concerned about the loss of what he called “the precious few rent-controlled units.”

Lee said he hopes that the two sides can find a “consensus solution” to the problem, which seems to indicate that he does indeed believe in magic considering the diametrically opposed viewpoints of the two sides and the zero sum game this issue represents. Afterward, I told the mayor that he didn’t seem to take a position on the issue and asked him to elaborate on what should be done, and he maintained that, “I actually did take a position, even though it didn’t sound like it, because I actually believe they have good points on both sides.”

Yet when KCBS reporter Barbara Taylor tried to help discern what that position may be, asking whether we could at least say that Lee didn’t support the legislation in its current form, he wouldn’t even agree to that weak stance. No, his position was that both sides have good points, even though they’re opposing points, and he’s hoping for the best. Next question.

Lee didn’t provide a clear or responsive answer on the bike question either. He reiterated his support for cycling improvements and said, “SFMTA’s prime responsibility is to ensure the streets are safe for all San Franciscans, and that includes bicyclists.” And he tried to dispute Mar’s point about how less than a half of 1 percent of the agency’s capital budget goes to bicycling improvements.

“To look at the percentage might not tell the whole story,” Lee said, citing how the SFMTA and the Transbay Joint Powers Authority are now seeking about $40 million in state and federal grants for transportation projects that would include cycling infrastructure improvements.

And that might have seemed like a somewhat responsive answer to the casual listener who isn’t aware that the price tag for improvements identified in the SFMTA Bicycle Strategy total about $200 million, of which the agency has only identified about $30 million in available funding. So the question of “How will you fund the Bicycle Strategy?” remains unanswered.

Perhaps it was too much to expect straight answers from a politician.

Who really lives in those fancy condos?

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Interesting piece in the NY Times about the growing number of high-end condos in the city that are empty most of the year. Thurns out that the more expensive the housing, the more likely it will be owned by somebody who hardly ever lives there:

Pieds-à-terre exist throughout the New York City condo market, a separate little world of vacation homes and investment properties. But the higher up you go in price, the higher the concentration is likely to be of owners who spend only a few months, a few weeks or even just a few days each year in their apartments. This very costly form of desolation means that some of the city’s most expensive residential buildings stand mostly dark, lonesome and empty on the inside.

Worth thinking about as the voters prepare to weigh in on the 8 Washington project, which will be the most expensive new condos in the city’s history, and 75 Howard, another set of high-end condos.

New York City has no idea how many of these fancy properties are occupied on only a very part-time basis:

There are no reliable statistics on the number of pieds-à-terre in New York City, but real estate experts say that global economic jitters have drawn more and more astonishingly wealthy people into the market in recent years. They come from all over, whether Monaco, Moscow or Texas, looking for a safe place to put their money, as well as a trophy, and perhaps a second — or third or fourth or fifth — home while they’re at it.

And as far as I know, and I’ve been watching this for a long time, the city’s never done that sort of study, either. We’re getting ready to turn over large, valuable portions of the waterfront to developers who want to build housing for the very rich — and we don’t even know if the people who buy this units are actually going to live here.

Shouldn’t we at least be asking that question?

No sympathy for TICs

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Got a fascinating letter from a local lawyer named Richard Hurlburt, who has some thoughts on the TIC-condo conversion legislation sponsored by Sups. Scott Wiener and Mark Farrell. He writes:

I’m a tenant’s rights lawyer and real estate broker. Whenever possible I help tenants facing eviction buy their TIC units. I also own and reside in a TIC unit. My building has twelve units and would not be affected by the proposed law.

I just read the actual text of the legislation sponsored by Sups. Farrell & Wiener and I’m against it.

TIC financing isn’t that difficult anymore. Fractional loans are the norm and not that much more expensive than condominium loans. It does cost a little more to finance a TIC, but the units cost less to begin with. So I don’t really see a hardship on the part of TIC owners who generally have smaller mortgages because they paid less for their units to start with.

The supposed $20,000 per unit condo conversion impact fee to benefit low-income housing is largely illusory. The proposed law contains a reduction for each year the building has participated in the lottery, so a building that participated in the lottery for five years, which is the majority, would get an 80% reduction and pay only $4,000.

Although the law would provide lifetime leases for the few tenants occupying converted units, this benefit is seriously disproportionate. For the tenants getting lifetime leases, good for them but that is a huge windfall for a very few lucky individuals. For tenants generally the legislation is actually quite bad. Once any of the affected units becomes vacant, all future tenants would be exempt from the rent increase protections of the Rent Ordinance. And allowing certain owners to bypass the condo lottery will only encourage more Ellis-TIC conversions.

 

BART could shed light on shady contest between rival developers for Millbrae station

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The BART Board of Directors will next week consider rival private development proposals for property it owns adjacent to BART’s Millbrae station, the latest step in a long and potentially lucrative process that has been highly politicized and marred by accusations of unethical behavior.

As we reported in November, BART Director James Fang was criticized for his close ties to developer Lawrence Lui and his Justin Development Corp., whose hotel and office building proposal for the site Fang had lobbied the Millbrae City Council to support without fully disclosing his relationship with Lui or the existence of another proposal for the site that BART is still considering.

The rival proposal by Republic Urban Properties is a housing and office project with some high-profile backers, including BART Director Joel Keller, that have been leading an aggressive legal and public relations effort coordinated by Singer Associates, which is insisting that the board’s discussion of the item on Feb. 14 be done in open session.

“We think an open session is vital to the transparency of this project given its history,” Singer’s Adam Alberti told the Guardian. He claims the Republic Urban proposal is a “transit-oriented project” that is best suited to the site and more lucrative to BART than the hotel-based proposal. “We hope they consider the project on its merits.”

Because the project involves real estate negotiations, the board is allowed under state law to consider the matter in closed session, and it has been placed on the agenda in both open and closed session. Board President Tom Radulovich told us, “At least some part of it will be open, and there is an interest in having as much of it open as possible.”

Keller also said that he will push for a full open discussion of the project merits. “I think the discussion of the proposal should be done in public, in open session, and there’s nothing that requires it to be in closed session,” Keller told us, adding that while he has long-supported Republican Urban project, he is keeping an open mind. “Whichever way the discussion goes, the public will be well-served.”

BART staff hasn’t prepared recommendations or a staff report for the board to consider, and part of the problem so far is that they have been too deferential to Fang and Keller, both longtime directors. Radulovich is critical of how BART staff has handled this project.

“Staff did everything they could to make this as political and non-fact-based as possible,” Radulovich said. “It’s just a really corrupt process and the people who are going to lose on this is the public….They’ve turned this into a lobbying contest because BART let them do that.”

While Republic Urban may have the inside track on that lobbying contest with the BART board, Lui’s team might have recently pulled ahead with the Millbrae City Council, which would ultimately have to approve any project at the site.

In a Jan. 30 letter to Radulovich signed by four of the five council members, including Mayor Gina Papan, Millbrae officials say they want a hotel and retail outlets at the site. “In moving forward, the Council agrees that the most beneficial use of BART Sites 5 and 6 is a mixed-use development which includes a hotel element. This type of project is ideal for this location and our city,” they wrote, noting that it is a key transportation hub. “A mixed-use development including hotel will bring much needed revenue to our city and BART, and establish Millbrae as a destination to do business, eat, shop, recreate, or stay and sleep. This is an exciting opportunity for everyone.”

Yet the letter also reiterates the city’s position that it is not willing to share transient occupancy tax revenues with BART, which Fang and Lui had previous said was a possibility and which could be key to making that project pencil out for BART, which uses long-term leases of its properties to subsidize it operating revenues.

Neither Fang — who previously told us he’s done nothing wrong and blamed Urban Republic for politicizing the process — nor a BART spokesperson returned our calls for comment. Keller said that the Republic Urban project seems to be better for BART, but he said, “If I can be persuaded the hotel project is better for BART, I’m open to it.”

The Millbrae BART station connects with Caltrain and other San Mateo County public transit systems, and it could become an even more important station once the California High-Speed Rail Project gets built, making Millbrae station the first access point to the greater Bay Area via BART for riders coming from Southern California.

High-rise risk

The fate of 8 Washington, a luxury high-rise project planned for San Francisco’s northern waterfront, remains uncertain after landing at the center of a political firestorm last year. Yet a whopping $42 million, invested by the California State Teachers Retirement System (CalSTRS), is currently tied up in the project.

Months from now, in the November 2013 election, San Franciscans will vote on a building height-limit variance crafted for this particular development. If the variance goes down, the luxury development – in spite of winning entitlements last June with an 8-3 vote of the Board of Supervisors – will be toast. That outcome could jeopardize CalSTRS’ $42 million contribution, and some retired teachers are beginning to ask questions.

“We have been watching with particular concern what appears to be an incredibly risky investment by CalSTRS,” four retired CalSTRS members from San Francisco wrote in a letter to the pension fund’s investment committee last October, requesting information about how project developer Pacific Waterfront Partners had made use of the funds.

Investment amount increased 

In response to the teachers’ request for information, CalSTRS indicated that the investment committee had actually increased its contribution up from $31.7 million last March, when final project approval seemed imminent.

The CalSTRS investment committee added the project to its investment portfolio in 2006 with an initial $26.7 million commitment. Prior to that, the pension fund had partnered with Pacific Waterfront Partners in a different venture to refurbish San Francisco Piers 1 ½, 3 and 5. That development was well received by the community, and since CalSTRS earned a healthy return on investment, the 8 Washington project seemed like a safe bet at the time.

But now that it’s frozen for months and faces possible reversal, pressure is mounting on the CalSTRS investment committee.

Earlier this week, a Change.org petition created to ask the CalSTRS board to reconsider its investment garnered 150 online signatures in the first 24 hours. The online petition website lists the initiator as “Lorraine Honig, Retired Teacher,” but could just as easily read No Wall on the Waterfront, the name of the opposition campaign created last year to amass signatures for a voter referendum on 8 Washington. Honig and several retired teachers initially queried the pension fund’s investment committee in league with Jon Golinger, a key driver behind No Wall on the Waterfront and chairman of the Telegraph Hill Dwellers, a neighborhood organization.

Honig, who is actually a retired social worker, explained that she used to be a member of the Golden Gateway Tennis and Swim Club, a community fitness center that would be razed to make way for 8 Washington. She’s since moved away from the neighborhood, but feels the planned 8 Washington waterfront housing complex is the wrong kind of development for San Francisco.

“The thing I object to is, it’s high end luxury housing,” she said. “There’s nothing that’s going to cost under a million. A lot of it is going to be absentee owners.” As for the CalSTRS investment, Honig said she felt worried: “I’m concerned that our money will be used to influence the voting.”

Funding used to counter signature gathering campaign

CalSTRS’ response letter also revealed that project developer Pacific Waterfront Partners had used nearly $31,000 to counter No Wall on the Waterfront’s efforts to gather enough signatures to qualify for a referendum. An expense roster showed that funds were used to cover graphic design, flyer printing, legal and compliance advice and “outreach personnel” costs.

A flurry of news reports from last July, however, indicated that some “outreach personnel” did no more than stand on the streets and physically block signature gatherers from asking passersby to sign the petition against 8 Washington. According to one account, when a signature gatherer approached project principal Simon Snellgrove to complain about this behavior, he responded: “That’s their job.”

At the end of the day, Pacific Waterfront Partners’ $31,000 expenditure to try and derail No Wall on the Waterfront’s bid for the ballot is decimal dust compared with the full investment in a building that has not been constructed, and may never be.

CalSTRS spokesperson Michael Sicilia declined to offer comment to the Guardian, instead pointing to the CalSTRS letter of response to its members. That letter stated in part: “CalSTRS is optimistic that the successful development of the underutilized space along the San Francisco waterfront will provide benefits to CalSTRS members in the form of investment income, as well as many direct benefits to the neighboring community and the city.”

So far, CalSTRS has not provided documents in response to a public records request submitted by the Guardian seeking more information about the investment. And neither CalSTRS nor Pacific Waterfront Partners has answered questions about just what would become of that significant investment if the project were ultimately killed. When we put this question Pacific Waterfront Partners spokesperson PJ Johnston, he responded: “I certainly would not speculate on what happens after the outcome of the election.”

How is the money being spent?

All of this leaves some open questions. Will that investment be washed away if voters effectively reject the project? Is the rest of the money still sitting in Pacific Waterfront Partners’ accounts, or was it eaten up by pre-construction costs? Is Snellgrove’s firm biding its time until November, when some of the funding can be tapped as a war chest to respond to No Wall on the Waterfront’s ballot referendum with an oppositional blitzkrieg?

“I don’t have a breakdown of their investment costs,” Johnston told the Guardian when posed with questions about how the funds had been used. “All pre-development phases require funding,” he added, referencing environmental impact studies, permitting, and other pre-construction hurdles that major developments must clear. “This process was drawn out over a number of years.”

Johnston also criticized the No Wall on the Waterfront campaign, saying, “A small band of corporate and really, really rich neighbors have put this on the ballot.”

And the project opponents who have deep pockets know a thing or two about investment, Golinger suggested in a letter to CalSTRS. He wrote, “The supporters of No Wall on the Waterfront who have experience with institutional investing warn that some money managers resist learning from their mistakes and, instead, double down on them, trying to prove they were right all along. The beneficiaries of the funds with which you are entrusted are sensitive to warning signs … that may be happening here.”

CalSTRS is the nation’s second largest pension fund and a source of financial support for retired educators throughout the state. About 70 percent of the money used to provide benefits is derived from investment income, and the $152.1 billion pension fund had $21.8 billion invested in real estate as of July 2, 2012. The Sacramento Bee reported earlier this week that the pension fund faces a $64 billion deficit, and would need $4.5 billion per year to become fully solvent.

Uncertain outlook

With the fate of 8 Washington now hitched to the unpredictable forces of San Francisco politics and voter sentiment, this luxury high-rise investment looks far riskier than it likely did when Pacific Waterfront Partners approached CalSTRS’ investment committee years ago.

On a broader scale, there are signs that higher-risk investments are becoming problematic for pension funds across the board. An academic study released by researchers from Yale University and Maastricht Univeristy in the Netherlands tracked public pension systems in the U.S. and elsewhere, and determined that major U.S. funds like CalSTRS are trending toward higher risk investments.

“Gradually, U.S. public funds have become the biggest risk-takers among pension funds around the globe,” the authors concluded. “A major worry is that their increased risk-taking is reckless and could lead to substantial future costs to taxpayers or public entities if their more volatile risky investments fail to meet the expected rates of return.” 

At this stage of the game, it’s too soon to say whether CalSTRS’ investment in 8 Washington will ultimately become a statistic backing up that worrisome finding. Early polling results from David Binder Research showed that voters would likely reject the height-limit increase by 56 percent. But November is still many months away.