Scott Wiener

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

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

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

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

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

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

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

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

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

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?

Supes scramble to find TIC deal

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Some San Francisco supervisors are scrambling to find an acceptable compromise that would prevent condo-conversion legislation by Sups. Scott Wiener and Mark Farrell from becoming a bitter battle that could be a no-win situation for centrists.

Board President David Chiu is meeting with tenant groups and trying to craft an alternative to the proposal, which would allow some 2,000 tenancy in common units to convert to condominiums. Wiener says the legislation is needed to provide housing stability to people in the almost-but-not-quite-a-condo world of TICs. Tenant activists who have met with Chiu say he’s discussing ways to limit speculation, which might include a five-year ban on the resale of converted condos. But that won’t be anywhere near enough for the tenant groups.

In fact, tenant and landlord groups are both talking to Sup. Norman Yee, who will be one of the swing votes, and who could introduce a series of amendments to the Wiener/Farrell bill that would be more palatable to tenants.

“They’ve had a couple of meetings,” Yee told me. “We’re just examining the issues to see if there’s a compromise. It would be great if we could work something out so the supervisors could feel better about voting on this.”

But any deal, Ted Gullicksen of the San Francisco Tenants Union told me, would require “structural reform of the future condo-conversion process.”

Yee could probably get away with that — he’s never relied on landlords or real-estate interests for his campaign money, and there aren’t that many TIC owners in his district, which is largely single-family homes. This won’t be a vote that will make or break his future in District 7.

On the other hand, it could be a huge issue for Sup. London Breed, who represents a district with a huge majority of tenants and the most progressive voting record in the city. Breed insists that she hasn’t made up her mind on the issue, and she told me she agrees she’s on the hot seat here: Much of her political and financial support came from Plan C and real-estate interests that want more condo conversions, but she would face furious policial fallout if she voted against tenants. “I am open to a compromise, but only if it’s good policy for the city,” she said.

Supervisors David Campos and John Avalos are strongly against the TIC bill, and it’s likely that Sups. Eric Mar (who got immense support from tenants in his recent re-election) and Jane Kim (who didn’t support the measure in committee) will oppose it unless it’s altered in a way that tenants can accept.

Naturally, Farrell and Wiener are on the yes side, as is, almost certainly, Sup. Carmen Chu.

That leaves Breed, Chiu, Yee, and Sup. Malia Cohen — and three of them have to vote Aye for the bill to pass. Chiu wants to run for state Assembly from the tenant-heavy side of the city, but, as always, he’s looking for a way to avoid an ugly fight.

The problem is that the tenants aren’t going to sign off on anything modest; if they’re going to accept the conversion of 2,000 units that used to be rental housing, they’re going to want to be absolutely certain it doesn’t happen again — and that there are new rules in place that halt the rampant assault on existing rent-controlled housing.

So either the folks in the center — Yee, Breed, Chiu, and Cohen — are going to have to force the landlords to accept some long-term reforms that they won’t like, or politicans like Breed are going to be forced to take a yes or not vote that could come back to haunt them.

 

 

 

 

Earthquake safety legislation could hit renters hard

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Pending legislation that would require seismic retrofitting of thousands of properties at the building owners’ expense could hit renters harder than anyone, causing evictions and increasing rents by up to 10 percent, impacts that tenant advocates are trying to get the Mayor’s Office and sponsoring Supervisors David Chiu and Scott Wiener to address.  

As stated in the Earthquake Safety Implementation Program (ESIP) Workplan, retrofit costs are expected to range from $10,000 to $20,000 per dwelling unit. In a five-unit building, this could add up to as much as $100,000. According to a public statement by Mayor Ed Lee, before the first retrofit is required, they will “develop financial incentives and assistance programs to help defray costs for property owners.”

But with apartment owners allowed to pass the cost of the work on to their tenants — a class of San Franciscans already being hit with rising rents, a wave of evictions, and legislation that would encourage more conversation of apartments into condos — this earthquake safety measure could make their situation even worse.

“We have concerns about this, mainly that landlords will be able to pass on the costs to tenants and that landlords will use it as a pretext to evict long-term tenants with affordable rents, so we’ll be working to increase tenant protections in this plan,” says Ted Gullicksen from the San Francisco Tenants Union.

According to the San Francisco Rent Board (SFRB) website, for seismic work that is required by law, 100 percent of the capital improvement cost may be passed through to the tenants, regardless of property size, over a period of 20 years. The increases are subject to an annual limitation of 10 percent of the tenant’s base rent. Gullicksen says that rent increases will be up to $100 a month for many tenants, which is on top of the annual 1.9 percent increase landlords are allowed to impose in rent-controlled apartments.

Another worry for long-term tenants is the possibility of eviction. The SFRB also states some of the just cause evictions these landlords could use would be “…non-payment or habitual late payment of rent… to perform capital improvements which will make the unit temporarily uninhabitable while the work is being done, and… to perform substantial rehabilitation of a building that is at least 50 years old, provided that the cost of the proposed work is at least 75 percent of the cost of new construction.” This would mean rent increases and nearly any construction could be the reason a long-term tenant would be evicted.

This seismic retrofitting could drive up rent prices around the city and be one more obstacle tenants have to face. As Gullicksen said, “I think the mayor and sponsors don’t understand the impact this will have on tenants, so we will look to educate them and press for amendments to lower the rent increases.”

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.

 

Friends of London Breed

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Got an interesting email invite: A group of the most pro-downtown, pro-landlord, conservative folks in town is holding a fundraiser for Sup. London Breed, who represents the most progressive district in the city.

Oh, and none of the members of the Host Committee lives in or has any direct connections to District Five.

The Feb. 25 event is at the home of Wade and Lorna Randlett. Wade Randlett is a scorched-earth political operative who created a group called SFSOS with the late Republican GAP mogul Don Fisher. His wife was the spokesperson for disgraced former school superintendant Arlene Ackerman. Randlett tried to shoot down a school bond after Ackerman was fired. He was the secret force behind an effort to recall former Sup. Sophie Maxwell.

Also on the list: Ron Conway and Anne Moeller Caen, who is a terrible, pro-PG&E member of the SFPUC.

Oddly, powerhouse lawyer Joe Cochette is on the invite, as is 49ers tight end (and generally cool guy) Vernon Davis.

Oh, and Mayor Ed Lee, who, I’m told, can’t stand Wade Randlett. Which puts him in good company.

I called Sup. Breed and asked her about the event, and she told me she met Randlett working on the first Obama campaign, “and he volunteered to do this.” She said she needed the money for office essentials like extra computer screens and a couch, and she has to pay off her inaugural celebration.

As she normally does, Breed went out of her way to say that her votes are not for sale, and that she won’t do the bidding of the people who give her money. “If you want to hold a fundraiser for me, I’d be happy to take your money too,” she said. As for a host committee that might be offensive to the majoirty of her constituents, she said “it is what it is.”

In the end, of course, Breed will be — and should be — judged by her votes, not by her associates, and we’ll have an excellent indication of where she’s headed when Sup. Scott Wiener’s TIC legislation comes before the board. But in the meantime, the reason this is all relevant (other than the fun of watching Ed Lee and Wade Randlett try to get along) is that it indicates that some very bad actors think (rightly or wrongly) that Breed is their ally.

 

 

 

Out of place

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news@sfbg.com 

In his State of the City address last week, Mayor Ed Lee cheerfully characterized San Francisco as “the new gravitational center of Silicon Valley.” He touted tech-sector job creation. “We have truly become the innovation capital of the world,” Lee said, “home to 1,800 tech companies with more than 42,000 employees — and growing every day.”

From a purely economic standpoint, San Francisco is on a steady climb. But not all residents share the mayor’s rosy outlook. Shortly after Lee’s speech, renowned local author Rebecca Solnit published her own view of San Francisco’s condition in the London Review of Books. Zeroing in on the Google Bus as a symbol of the city’s housing affordability crisis, she linked the influx of high-salaried tech workers to soaring housing costs. With rents trending skyward, she pointed out, the dearth of affordable housing is escalating a shift in the city’s cultural fabric.

“All this is changing the character of what was once a great city of refuge for dissidents, queers, pacifists and experimentalists,” Solnit wrote. “It has become increasingly unaffordable over the past quarter-century, but still has a host of writers, artists, activists, environmentalists, eccentrics and others who don’t work sixty-hour weeks for corporations — though we may be a relic population.”

LIMITED OPTIONS

The issue of housing in San Francisco is highly emotional, and there is perhaps no greater flashpoint in the charged debate than Ellis Act evictions.

When the housing market bounces upward, Ellis Act evictions tend to hit long-term tenants whose monthly payments, protected by rent control, are a comparative bargain. Even if they’ve submitted every payment on time and upheld every lease obligation for 20 years, these renters can find themselves in the bind of being forced out.

And they don’t just lose their homes; often they lose their community. San Francisco has become so expensive that many Ellis Act victims are tossed out of this city for good.

Enacted in 1986, the state law allows a landlord to stop renting units, evict all tenants, and sell the building for another purpose. Originally construed as a way for landlords to “go out of business” and move into their properties, the Ellis Act instead gained notoriety as a driving force behind a wave of evictions that slammed San Francisco during the tech boom of the late 90s. Between 1986 and 1995, just 29 Ellis evictions were filed with the San Francisco Rent Board; in the 1999-2000 fiscal year alone, that number ballooned to a staggering 440.

Under the current tech heyday, there are indications that Ellis Act evictions are gaining fresh momentum. The San Francisco Rent Board recorded 81 this past fiscal year, more than double that of the previous year, and there appears to be an upward trend.

TIC CONTROVERSY

Buildings cleared via the Ellis Act are typically repackaged as tenancies-in-common (TIC), where several buyers jointly purchase a multi-unit residence and each occupy one unit. Realtors often market TICs as a path to homeownership for moderate-income individuals, creating an incentive for buyers to enter into risky, high-interest shared mortgages in hopes of later converting to condos with more attractive financing.

The divide between TIC owners and renters came into sharp focus at a contentious Jan. 28 hearing, when a Board of Supervisors committee met to consider legislation that would allow some 2,000 TIC units to immediately convert to condos without having to wait their turn in a requisite lottery system.

One TIC owner said he was financially burdened, but had only entered into the arrangement because “I wanted to stay here and raise my family, but we couldn’t afford a single family home.” Yet tenants brought their own set of concerns to the table, saying the temptation to create TICs was putting a major dent in the city’s finite stock of rent-controlled units — the single greatest source of affordable housing in San Francisco.

“My feeling is, let’s stop doing TICs,” Tommi Avicolli Mecca, a tenants right activist with the Housing Rights Committee, told the Guardian following the hearing. “The city has to just start making sure that the condos that are built are the kind of thing [TIC buyers] can afford. Instead, we cannibalize our rental stock? That’s a reasonable way? You evict one group of people to house another: How does that make sense?”

The grueling five-hour hearing illustrated the sad fact that San Franciscans in a slightly better economic position were being pitted against economically disadvantaged renters. The two groups were bitterly divided, and all seemed weary, furious, and frustrated by their housing situations.

The condo-conversion legislation, co-sponsored by Sups. Scott Wiener and Mark Farrell, did not move forward that day. Instead, Board President David Chiu made a motion to table the discussion until Feb. 25, to provide time for “an intensive negotiation process.” Chiu, who rents his home, added: “While I myself would like to become a homeowner someday … I do not support the legislation in its current form.”

Sup. Jane Kim sought to appeal to the tenants as well as the TIC owners. “It’s very tragic that we have set up a situation where [TICs and renters] are pitted against one another,” she said. She hinted at what a possible alternative to might look like. “We should be looking at a ban of scale,” she said. “If we allow 1,800 potential units to go thru this year, are we willing to do a freeze for the next 8 to 10 years?”

It’s unclear what will happen in the next few weeks, but if this legislation makes it back to the full board in some form, the swing votes are expected to be Sups. London Breed, Malia Cohen and Norman Yee.

CASH OR EVICTION?

New protections were enacted following the late-90s frenzy to discourage real-estate speculators from using the Ellis Act to turn a profit on the backs of vulnerable seniors or disabled tenants. Yet a new wave of investors has discovered they can persuade tenants to leave voluntarily, simply by offering buyouts while simultaneously wielding the threat of an Ellis Act eviction. “The process got more sophisticated,” explains San Francisco Rent Board Deputy Director Robert Collins.

Once a tenant has accepted a check in lieu of eviction, rent-controlled units can be converted to market rate, or refurbished and sold as pricey condos, without the legal hindrances of an eviction blemish. Buyouts aren’t recorded with the Rent Board, and the agency has no real guidance for residents faced with this particular dilemma. “We don’t have the true number on buyouts,” says Mecca. “We don’t know how many people have left due to intimidation.”

Identity-wise, renters impacted by the Ellis Act defy categorization. A contingent of monolingual Chinese residents rallied outside City Hall recently to oppose legislation they believed would give rise to evictions; in the Mission, many targeted tenants are Latinos who primarily speak Spanish. From working immigrants, to aging queer activists, to disabled seniors, to idealists banding together in collective houses, the affected tenants do have one thing in common. When landlords or real-estate speculators perceive that their homes are more valuable unoccupied, their lives are susceptible to being upended by forces beyond their control.

The upshot of San Francisco’s affordability crisis is a cultural blow for a city traditionally regarded as tolerant, forward thinking, and progressive. In the words of Rose Eger, a musician who faces an Ellis Act eviction from her apartment of 19 years, “it changes the face of who San Francisco is.

Out of the Castro

By Tim Redmond

You can’t get much more Castro than Jeremy Mykaels. The 62-year old moved to the neighborhood in the early 1970s, fleeing raids at gay bars in Denver. He played in a rock band, worked at the old Jaguar Books, watched the rise of Harvey Milk, saw the neighborhood transform and made it his home.

He’s lived in a modest apartment on Noe Street for 17 years, and for the past 11 has been living with AIDS. Rent control has made it possible for Mykaels, who survives on disability payments, to remain in this city, in his community, close to the doctors at Davis Hospital who, he believes, have saved his life.

And now he’s going to have to leave.

In the spring of 2011, his longtime landlords sold the building to a real-estate investment group based in Union City — and the new owners immediately sought to get rid of all the tenants. Two renters fled, knowing what was coming; Mykaels stuck around. In September of 2012, he was served with an eviction notice, filed under the state’s Ellis Act.

He’s a senior, he’s disabled, his friends are mostly dead and his life is in his community — but none of that matters. The Ellis Act has no exceptions.

Mykaels spent a fair amount of his life savings fixing up his place. The walls are beige, decorated with nice art. Dickens the cat, who is chocolate brown but looks black, wanders in and out of the small bedroom. Mykaels has been happy there and never wanted to leave; “this,” he told me, “is where I thought I would live the rest of my life.”

There’s no place in the Castro, or even the rest of the city, where he can afford to move. Small studios start at $2,500 a month, which would eat up all of his income. There is, quite literally, nowhere left for him to go.

“A lot of my friends have died, or moved to Palm Springs,” he said. “But this is where my doctors are and where I’m comfortable. I’m not going to find a support system like this anywhere else in the world.”

Mykaels is the face of San Francisco, 2013, a resident who is not part of the mayor’s grand vision for bringing development and high-paying jobs into the city. As far as City Hall is concerned, he’s collateral damage, someone whose life will have to be upended in the name of progress.

But Mykaels isn’t going easily. The former web designer has created a site — ellishurtsseniors.org — that lists not only his address (460 Noe) and the names of the new owners (Cuong Mai, William H. Young and John H. Du) but the addresses of dozens of other properties that are facing Ellis Act evictions. His message to potential buyers: Boycott.

“Do not buy properties where seniors or the disabled have been evicted for profit by real estate speculators using the Ellis Act,” the website states.

Mykaels is a demon researcher — his site is a guide to 31 properties with 94 units where seniors or disabled people are being evicted under the Ellis Act. In some cases, individuals or couples are filing the eviction papers, but at least 14 properties are owned by corporations or trusts.

Mai told me that he knew a disabled senior was living in the building when he and his two partners bought it, but he said his plan all along was to evict all the tenants and turn the three-unit place into a single-family house. He said he hasn’t decided yet whether to sell building; “I might decide to live there myself.” (Of course, if he wanted to live there himself, he wouldn’t need the Ellis Act.)

Mai said he “felt bad about the whole situation,” and he had offered to buy Mykaels out. The offer, however, wouldn’t have covered more than a few months of market rent anyplace else in the Castro.

By law, Mykaels can stay in his apartment until September. If he can’t stave off the eviction by then, San Francisco will lose another longtime member of the city community.

 

Dark days in the Inner Sunset

By Rebecca Bowe

The living room in Rose and Willie Eger’s Inner Sunset apartment is where Rose composes her songs and Willie unwinds after playing baseball in Golden Gate Park. Faded Beatles memorabilia and 45 records adorn the walls, and a prominently displayed poster of Jimi Hendrix looms above a row of guitar cases and an expansive record collection.

It’s a little worn and drafty, but the couple has called this 10th Ave. apartment home for 19 years. Now their lives are about to change. On Jan. 5, all the tenants in their eight-unit building received notice that an Ellis Act eviction proceeding had been filed against them.

“The music that I do is about social and political things,” explains Rose, dressed from head-to-toe in hot pink with a gray braid swinging down her back. Determined to derive inspiration from this whole eviction nightmare, she’s composing a song that plays with the phrase “tenants-in-common.”

Cindy Huff, the Egers’ upstairs neighbor, says she began worrying about the prospect of eviction when the property changed hands last summer. Realtor Elba Borgen, described as a “serial evictor” in online news stories because she’s used the Ellis Act to clear several other properties, purchased the apartment building last August, through a limited liability corporation. The notice of eviction landed in the mailbox less than six months later. (Borgen did not return Guardian calls seeking comment.)

“With the [average] rent being three times what most of us pay, there’s no way we can stay in the city,” Huff says. “The only option we would have is to move out of San Francisco.” She retired last year following a 33-year stint with UCSF’s human resources department. Now, facing the prospect of moving when she and her partner are on fixed incomes, she’s scouring job listings for part-time work.

The initial notice stated that every tenant had to vacate within 120 days, but several residents are working with advocates from the Housing Rights Committee in hopes of qualifying for extensions. Huff and the Egers are all in their fifties, but some tenants are seniors—including a 90-year-old Cuban woman who lives with her daughter, and has Alzheimer’s disease.

Willie works two days a week, and Rose is doing her best to get by with earnings from musical gigs. Both originally from New York City, they’ve lived in the city 35 years. When they first moved to the Sunset, it resembled something more like a working-class neighborhood, where families could raise kids. The recent tech boom has ushered in a transformation, one that Rose believes “changes the face of who San Francisco is.” Willie doesn’t mince words about the mess this eviction has landed them in. “I call it ‘Scam-Francisco,'” he says.

The trio recently joined tenant advocates in visiting Sup. Norman Yee, their district supervisor, to tell their stories. Yee, who is expected to be one of the swing votes on an upcoming debate about condo-conversion legislation vehemently opposed by tenant activists, reportedly listened politely but didn’t say much.

As for what the next few months have in store for the Egers? “I can’t really visualize the outcome,” Rose says. “I can only visualize the day-to-day fight. And that’s scary.”

 

Fighting for a home in the Mission

By Tim Redmond

Eleven years ago, Olga Pizarro fell in love with Ocean Beach. A native of Peru who was living in Canada, she visited the Bay Area, saw the water and decided she would never leave.

Fast forward to today and she’s built a home in the Mission, renting a small room in a basement flat on Folsom Street. The 55-year-old has lived in the building for eight years; polio has left her wearing a leg brace and she can’t climb stairs very well, but she still rides her bike to work at the Golden Gate Regional Center. She’s a sociologist by training; the walls in her room are lined with bookshelves, with hundreds of books in Spanish and English.

The place isn’t fancy, and it needs work, but it’s hard to find a ground-floor apartment in the Mission that’s affordable on a nonprofit worker’s salary. Since 2011, when she moved in, she and her three housemates have been protected by rent control. And Pizarro’s been happy; “I love the neighborhood,” she told me.

The letter warning of a pending eviction arrived Jan. 16. A new owner of the building wants to turn the place into tenancies in common and is prepared to throw everyone out under the Ellis Act. There’s no place else in town for Pizarro to go.

“I’ve looked and looked,” she said. “The cheapest places are $2,500 a month or more. Maybe I’ll have to move out of the city.”

Pizarro’s building is owned by Wai Ahead, LLC, a San Francisco partnership registered to Carol Wai and Sean Lundy. I couldn’t reach Wai or Lundy, but their attorney, Robert Sheppard, had plenty to say. “San Francisco is going the way of New York,” he told me. “Manhattan is full of co-ops that used to be rentals, and lower-income people are moving to Brooklyn and Queens. That’s happening here with Oakland and further out.” He argued that TICs, like co-ops, provide home-ownership opportunities for former renters.

Sheppard, who for years represented tenants in eviction cases, said the Ellis Act is law, and America is a capitalist country, and “as long as there is a private housing market, there will be shifts of people as the housing market shifts.” He agreed that it’s not good for lower-income people to lose their homes, but “the poor will always be hurt by a changing economy. It’s called evolution.”

Pizarro told me she’s shocked at how expensive housing has become in the Mission. “It’s gotten so gentrified,” she said. “People show up in their BMWs. It’s starting to feel very isolated.”

She’s fighting the eviction. “I didn’t intend it to be this way,” she explained. “I just want to live here.” Lacking any family in the area, the Mission has become her community — “and I’m frustrated by the violence of how expensive it is.”

 

Affordability goes out of style

By Rebecca Bowe

Hester Michael is a fashion designer, and her home doubles as a project space for creating patterns, sewing custom clothing, weaving cloth, and painting. She’s lived in her Outer Sunset two-bedroom unit for almost two decades, but now she faces an Ellis Act eviction. Michael says she initially received notice last June. The timing was awful -– that same month, her husband passed away after a long battle with terminal illness.

“I’ve been here 25 years. My friends are here, and my business. I don’t know where else to go, or what else to do,” she says. “I just couldn’t picture myself anywhere else.”

Michael rents the upstairs unit of a split single-family home, a kind of residence that normally isn’t protected by rent control. Yet she leased the property in 1994, getting in under the wire before that exemption took effect. Since she pays below-market-rate rent in a home that could be sold vacant for top dollar, a target was essentially inscribed on her back when the property changed hands in 2004. That’s about when her long battle with the landlords began, she says.

From the get-go, her landlords indicated that she should look for a new place, Michael says, yet she chose to remain. The years that followed brought things falling into disrepair, she says, and a string of events that caused her feel intimidated and to fear eviction. Finally, she consulted with tenant advocates and hired an attorney. A complaint filed in superior court alleges that the property owners “harassed and retaliated [Michael] when she complained about the defective and dangerous conditions …telling [her] to move out of the property if she did not like the dangerous conditions thereat … repeatedly making improper entries into [the] property, and wrongfully accusing [her] of causing problems.”

Records show that Angela Ng serves as attorney in fact for the property owner, Ringo Chung Wai Lee. Steven Adair MacDonald, an attorney who represents both landlords and tenants in San Francisco housing disputes, represents the owners. “An owner of a single family home where the rent is controlled and a fraction of market has virtually no other choice but to terminate the tenancy,” MacDonald said when the Guardian reached him by phone. “They’ve got to empty it, and the only way to empty it is the Ellis Act.”

While Michael received an extension that allows her to remain until June 5, she fears her custom sewing business, Hester’s Designs, will suffer if she has to move. There’s the issue of space. “I have so much stuff in this house,” she says. And most of her clients are currently located close by, so she doesn’t know where her business would come from if she had to relocate. “A lot of my clients don’t have cars,” she says, “so if I live in some suburb in the East Bay, forget it. I’ll lose my business.”

The prospect of eviction has created a major dilemma for Michael, who first moved to San Francisco in 1987. While moving to the East Bay seems untenable, she says renting in San Francisco feels out of reach. “People are renting out small, tiny bedrooms for the same price as I pay here,” she says. With a wry laugh, she adds: “I don’t think there’s any vacant apartments in San Francisco -– unless you’re a tech dude and make seven grand a month.”

Editor’s notes

97

tredmond@sfbg.com

EDITORS NOTES People who rent apartments aren’t second-class citizens. In fact, under San Francisco laws, they have (and ought to have) many of the same rights as the landed gentry.

If you rent a place in this city, and you pay the rent on time, and abide by the terms of the lease, you should be able to stay in your home (and yes, it IS your home) as long as you want. The rent can only go up by a modest amount every year.

Landlords know that when they enter into rental agreements. Accepting a tenant means acknowledging that the person may want to say in his or her apartment for years, maybe for life; the rent the landlord sets for that unit has to be adequate to cover a share of the mortgage, expected maintenance costs, and a reasonable return on the owner’s investment.

When you buy a piece of rental property in the city, you are told that tenants live there; you’re told what rent they pay, you’re informed that you can’t raise it much, and unless your utterly ignorant of local law, you realize that the tenants have, in effect, lifetime leases since you can only evict them for “just cause” — which does not include your desire to make more money.

If the numbers don’t pencil out under those conditions, they you shouldn’t buy the place.

That’s how a sane rental housing system ought to operate. Unfortunately, the state Legislature has undermined local rent-control laws with the Ellis Act, which allows landlords to evict all their tenants, cease renting altogether, and turn the place into condominiums. Or, since there are limits on condo conversions in this city, into tenancies in common, which are not limited at all.

Sup. Scott Wiener wants to make it easier to turn TICs into condos; he says the poor TIC owners are having a tough time and can get better mortgage rates if they rules are changed. I don’t feel bad for them; they knew the rules when they bought their TICs. They have no right to convert to condos; that’s a privilege granted to a limited number each year, by waiting list and lottery. Buy a TIC? You should assume it will remain your ownership model for a long, long time.

The city can’t stop the TIC conversions, but it can set ground rules — for example, local law mandates a payment to tenants who are evicted, which can reach $5,000. Sounds big — but it won’t even pay two months’ rent on a new place in this market.

SO let’s be fair here: If you want to evict a tenant, who has and ought to have the right to a stable place to live, you should pay enough to make that person whole. Calculate market rent on a similar place; subtract the current rent the tenant is paying, and cover the difference — for, let’s say, five years.

If that makes TICs too expensive, and thus lowers property values by making evictions difficult and keeping rents low, fine: Property values are too high in this town anyway. And if it means more stability for lower-income people at the expense of property owners … well, I can live with that.

City considers making building owners do seismic upgrades

84

City Hall sources have confirmed the basic details of a San Francisco Public Press report from Friday afternoon that the Board of Supervisors will consider requiring the owners of soft-story buildings of three stories or more to seismically retrofit them by 2020 – at the expense of building owners, something sure to rouse controversy.

The legislation was developed and introduced by the Mayor’s Office and it’s being sponsored by the board’s two most prolific and effective supervisors, Board President David Chiu and Sup. Scott Wiener, which is probably a signal that city officials know this one is going to be “challenging,” as one source told us.

Details are still being hammered out before the measure is introduced at tomorrow’s board meeting, including some of the financing options that would be open to property owners. But after voters in 2010 narrowly rejected Measure A, a bond that would have provided low-cost loans for the seismic retrofits, property owners could be forced to dig deep to ensure their buildings don’t collapse in an earthquake.

Wiener confirmed that the legislation would be mandate on building owners without public money attached: “It would be a mandate that they within a certain time frame do an earthquake retrofit,” Wiener told the Guardian.

As the Public Press reported, the legislation would apply to all wood-framed buildings of three stories or more built before 1978, with smaller buildings and single-family homes exempted. In the most recent print edition of the Public Press, extensive coverage of the city’s earthquake vulnerabilities estimated that about 58,000 San Franciscans live in the nearly 3,000 soft-story buildings deemed dangerous places to be when the next big earthquake hits.

Wiener said city officials have been deeply involved with negotiations with various effected groups, including building owners and their tenants, who could face displacement as the work is done or higher rents if landlords pass through those costs. Wiener said the legislation is bound to evolve as talks and hearings continue: “There are a lot of variables and the introduction is really just a preliminary step.”

Housing stability for all

9

OPINION San Francisco is in the midst of a housing affordability crisis. It’s way too expensive to live here, and for those fortunate enough to have housing they can afford, we need to provide stability. This need for housing stability applies to renters as well as homeowners. If we’ve learned anything from the foreclosure crisis, homeowners are not all rich, and they are not all stable in their housing.

Last week’s Guardian argued against legislation I’m co-sponsoring, which provides one-time relief to owners of tenancies-in-common (TICs) — mostly middle- and working-class first-time homeowners who reside in their units — while providing strong protection to renters. While the editorial correctly stressed the need to support rent control, it failed to acknowledge the need to support housing stability for homeowners as well.

Rent control is one of the pillars of our city. It stabilizes housing prices, recognizes that housing isn’t just another commodity, keeps communities intact, and helps maintain San Francisco’s diverse fabric. I’ve long supported rent control, as reflected by my voting record. I supported a series of rent control measures designed to reduce evictions, including requiring sales disclosure of a unit’s eviction history, requiring increased relocation benefits to evicted tenants, outlawing harassment of tenants, and restricting use of the Ellis Act by real-estate speculators. As a member of the Board of Supervisors, I authored successful legislation to ban conversion of rent-controlled units to student dorms and to provide temporary affordable units to renters displaced by disasters.

The current legislation I’m co-sponsoring will provide needed relief to struggling TIC owners, many of whom are experiencing serious financial distress, while protecting the small number of tenants who live in these units. TIC owners have group mortgages, meaning that if one owner defaults, all owners default. They pay double the interest rate other homeowners pay and usually cannot refinance. The legislation will allow them to convert their units to condos and obtain their own mortgages, at lower rates and less foreclosure risk.

While some caricature TIC owners as speculators and wealthy people, that’s untrue. Many TIC owners are quite middle class, former renters who scraped together a down payment to purchase a home. Many are teachers, social workers, public employees, and other workers who are anything but speculators. These are people who, if they didn’t own TICs, would be renting. They aren’t Martians who dropped out of the sky. They’re our neighbors, co-workers, and fellow San Franciscans. They are part of the city’s fabric.

Under the legislation, owner-occupied TICs that are in the condo lottery will be able to convert to condos by paying a fee of $20,000 per unit, with the proceeds dedicated to affordable housing. Buildings with Ellis Act and other problem evictions are typically prohibited from condo converting in San Francisco, under a 2006 law, and that restriction applies to this legislation. In other words, this legislation won’t encourage Ellis Act evictions. Moreover, buildings that aren’t owner-occupied can’t condo convert. Nor can buildings with more than six units. The legislation is one-time in nature and not an ongoing invitation to condo convert.

The legislation covers very few units with tenants — 85% are owner-occupied — and protects this small number of tenants by mandating they receive lifetime leases, with full rent and eviction controls identical to our rent control laws. This protection is stronger than what most tenants receive in buildings that win the condo lottery currently.

Renters and homeowners both deserve housing stability. This legislation moves us in that direction.

Supervisor Scott Wiener represents District 8.

 

Nudity ban upheld, found to be stupid

27

The City Attorney’s Office just announced that a federal court has upheld San Francisco’s ban on public nudity. From the press release:

The court found that the nudism advocates’ challenge to the ordinance based on the First Amendment lacked merit because “public nudity alone is not expression protected by the First Amendment,” and because the ordinance was “not substantially overbroad.”  Judge [Edward] Chen additionally rejected plaintiffs’ arguments that exemptions for such permitted events such as Bay to Breakers and the Folsom Street Fair violated constitutional Equal Protection guarantees, holding that plaintiffs failed to demonstrate that the exceptions lacked a rational basis.  Though the nudism advocates’ facial challenge to the ordinance was dismissed without leave to amend, the court left the door open for nudism advocates to amend their pleading with subsequent “as-applied” claims, provided they were able to do so.

So maybe this isn’t over yet.

The news comes just as the Atlantic chimed in on the city’s nudity ban, calling it pretty dumb:

In San Francisco next week, it will remain perfectly legal for a 50-year-old man to seduce an 18-year-old, impregnate her, ridicule her physical appearance until she is brought to tears, walk out on her, seek out her mother, seduce that mother for no other reason than to further hurt the jilted daughter, draw a graphic novel of the whole sordid chain of events, and publish in on the Internet. But it’ll be illegal for him to be naked outside. Does anyone think the resulting moral signal is desirable?

There’s a long discussion of Judeo-Christian values, the Bible, Adam and Eve, etc. But the conclusion really makes the point:

Americans are bombarded with images of semi-clothed people all the time. It just happens that they’re all beautiful actors and actresses, magazine cover girls, television underwear models, and porn stars. The average person sees lots of naked bodies, but very little real variety. While that may be more aesthetically pleasant, it skewers our notion of what a normal human body looks like. In an age of Victoria’s Secret in the mall, substantial nudity on primetime television, and ubiquitous YouPorn, a ban on nonsexual street nudity begins to seem absurd. Society needs some relatively unattractive people to be naked in public now more than ever before.

So there you have it. Legal, stupid.

 

Condo conversion legislation on hold for now

Following a contentious five-hour hearing, a committee of the Board of Supervisors postponed voting on a controversial housing proposal, and agreed to revisit the issue on Feb. 25. Over the next few weeks, opposing sides are expected to negotiate a possible alternative.

Authored by Sups. Scott Wiener and Mark Farrell, the proposed condo conversion impact fee would have allowed as many as 2,000 tenancy-in-common (TIC) units to be immediately converted to condos for a fee, allowing owners to bypass a housing lottery system that places an annual cap on conversions.

While TIC owners voiced frustration about the backlogged lottery system, tenants expressed fears that the legislation could give rise to a wave of Ellis Act evictions if landlords or speculators interpreted it as a signal that lucrative condo conversion would be easier to achieve.

Prior to the hearing, a group of tenants gathered in front of City Hall in a show of opposition to the condo-conversion legislation, waving signs that read, “Stop the Attack on Rent Control.”

“The reality is, if this legislation passes, there will be more evictions in San Francisco,” said Tommi Avicolli Mecca of the Housing Rights Committee, who spoke at the rally.

Tenant advocates worry that the legislation would result in a permanent loss of affordable, rent-controlled units from the city’s housing stock, at a time when rents are soaring. When landlords rent out their condos or TICs in San Francisco, there’s a key difference: TICs are covered by rent control, but condos are exempt.

“I’ve been evicted three times,” one woman said while addressing members of the Land Use & Economic Development Committee. “I know so many people who have gotten evicted. I don’t know anyone who’s won their case against eviction.”

During the hearing, Farrell adopted a defensive tone against critics who’d described the proposal as an attack on rent control. “The tactics that these opponents have deployed is out of line,” he said. To assuage concerns, he noted that he and Wiener had included a provision guaranteeing lifetime leases for existing tenants in units that qualified for condo conversion under the program.

But Sup. Jane Kim drilled down on this detail, questioning whether such an agreement would be legally enforceable in the long run. In response, a representative from the City Attorney’s office said he thought the provision was on solid legal ground, but noted that the specific matter “has not been litigated before,” meaning there is still a question as to whether it could withstand a court challenge. When Kim asked if any funding was set aside to enforce these lifetime leases, the response was “no.”

Board President David Chiu proposed holding off on a vote for several weeks. “I do not support the legislation in its current form,” he said. If the current generation of TIC owners were allowed to convert this time, he explained, the next generation’s frustrations with the housing lottery would only “lead us back to an identical debate in a short period of time.”

Kim echoed this point. “My concern was that … folks were looking at this legislation as an ice-break for more condo conversion,” she said just after a public comment session that lasted several hours. And she acknowledged that there is a larger problem to consider. “It’s very tragic that we have set up a situation where [TICs and renters] are pitted against one another,” she said.

TIC legislation is a rent control issue

177

OPINION If legislation introduced by Supervisors Scott Wiener and Mark Farrell passes the Board of Supervisors next month, up to 2,000 tenancies in common will be allowed to bypass the lottery process and convert to condominiums.

Add those to the nearly 6,000 conversions that have occurred from 2001-2011 (according to stats from the Department of Public Works), and you have a sizable chunk of rent-controlled units that will have been yanked from our housing stock in the past decade or so in a city that can’t afford to lose rental units, especially those that preserve affordability while tenants live in them. TICs are still under rent control; condos lose it when they’re sold.

Which makes the Wiener and Farrell legislation a rent-control issue. Not to mention a really bad idea at a really bad moment in time.

San Francisco’s perennial housing crisis can’t possibly get worse. Rents are the highest in the country — and still rising. The average rent in the city these days is $3,000. The vacancy rate is low.

Ellis Act evictions, a tool for creating TICs by allowing a landlord or speculator to circumvent just-cause eviction protections, are on the upswing. They’re not as high as they were at the height of the dot-com boom of the late 90s, but, considering that these days many landlords and speculators threaten tenants with Ellis or buy them out rather than do the dirty deed, the number of folks displaced for TICs is higher than what is recorded at the Rent Board. Some tenants have actually received letters from new landlords with two checkboxes — one for Ellis and the other for a buyout. Take your pick, which way do you want to be tossed out and possibly left homeless?

The folks being displaced are from every district and represent the diversity about which we always brag: longterm, generally low-income seniors, disabled people, people with AIDS, families, and people of color. And they’re less likely to find other apartments they can afford.

Wiener claims that buildings where there are evictions will not be eligible for conversion, but many of the TICs currently in the lottery, which will be eligible for conversion under the Wiener/Farrell legislation, were created by evictions. Almost 20 percent of the units in the pipeline were formed before legislation was put into place to restrict conversions if tenants are ousted. How many of the other 80 percent are the result of threats and buyouts, de facto evictions? Or were entered into the lottery even when they shouldn’t have been?

Brian Basinger, founder of the AIDS Housing Alliance, was evicted from his apartment for a TIC, yet his place was converted to a condo, despite the fact that he’s a protected tenant.

Allowing as many as 2,000 conversions not only diminishes the rent-controlled housing stock, but it also jacks up rents. Not to mention it gives speculators incentive to do more Ellis evictions or buyouts — after all, though Wiener and Farrell say this is a one-time only deal, once Pandora’s box is opened, it’s going to be hard to keep it shut. I think landlords and speculators know that.

The Housing Element of the City’s General Plan, adopted in 2009, instructs officials to “preserve rental units, especially rent controlled units, to meet the City’s affordable housing needs.”

This legislation won’t preserve rent-controlled units. It’s a bad fit for our city.

Tommi Avicolli Mecca, who’s worked for the Housing Rights Committee for 13 years, is a longtime queer tenants right/affordable housing advocate.

Chiu’s committee assignments keep the moderates in charge

42

A week after engineering his unanimous re-election to an unprecedented third consecutive term as president of the Board of Supervisors, David Chiu today announced his assignments to board committees, placing fiscal conservatives into two of the most powerful posts and making himself a key swing vote on the Land Use Committee.

“I believe these committee assignments reflect a balanced approach and the diverse interests and talent of the supervisors,” Chiu said just after 4pm during the Roll Call portion of today’s meeting.

But some progressive activists were immediately grousing about some of the selections, which seem to reflect Chiu’s neoliberal approach to governance, preventing progressives from doing much to challenge development interests or the appointment of Establishment insiders to city commissions.

The Land Use Committee is perhaps the most powerful and impactful, particularly as the Warriors arena and other controversial waterfront developments and the CPMC hospital deal come to the board. Scott Wiener – a moderate who is already perhaps the most prolific supervisor – gains far more power as he is named to chair that committee. It is balanced out by Chiu and Sup. Jane Kim, both of whom have some progressive impulses on land use issues but also personal ambitions and a penchant for cutting deals. Developers have to be happy about this lineup.

Sup. Mark Farrell was named chair of the Budget Committee, succeeding Sup. Carmen Chu – a pair that are indisputably the most conservative supervisors on the board. While progressive Sups. Eric Mar and John Avalos will help balance out the permanent committee, their influence will be offset by the temporary members added during budget season: Sups. London Breed and Wiener.

That roster essentially puts Breed in the swing vote role, which should immediately give her some clout. Chiu’s defenders note that Budget’s balance of power is essentially status quo (with Breed now in the same swing vote role that Sup. Malia Cohen played) – and that the committee’s work last year was supported by labor and business interests alike.

Chiu is proposing to combine the Public Safety and City Operations & Neighborhood Services committees, naming Sup. David Campos as chair, Mar as vice-chair, and new Sup. Norman Yee as its third member. Yee, who nominated Chiu for president last week, was also rewarded with a chair on the Rules Committee – controlling appointments, it arguably the board’s third most influential committee after Land Use and Budget – with that committee filled out by Breed and Sup. Malia Cohen.

Speculation that Cohen and Kim would be rewarded for withdrawing their nominations as president before the vote last week don’t seem to have materialized in these appointments. Cohen was also named to the Government Operations Committee, along with Campos, which Sup. Carmen Chu will chair. That doesn’t give Cohen, who told us that she wanted to be on Land Use, much power.

Similarly, Kim was named chair of the City & School District Committee – nice, but not exactly a political launching pad – and Kim’s only real power on Land Use will come when Chiu is opposing some project, as he did with the controversial 8 Washington project that Kim and seven of her colleagues supported.

Aaron Peskin, Chiu’s predecessor as board president, said that he vaguely saw some semblance of Chiu’s claimed strategy of having conservative committee chairs balanced out by liberal majorities (although even that depends on how you define your terms). Yet Peskin questions that approach, and sees committees unlikely to really gel around good decisions or policies.

“It’s a recipe for dysfunction,” Peskin told us. “But it certainly will be fun to watch.”

Bizarro mainstream SF sweeps Grindr’s “Best of 2012” — pukes us in the mouth a little

14

Dear gay hookup app Grindr,

Maybe it’s just an indication of the type of homosexual who uses your service, and who deigns to participate in surveys like your new “Best of 2012” attempt to broaden your reach into hyperlocalism (soooo 2k9, btw). Or maybe its merely very telling of how you’ve lost any edginess to rivals like Scruff — which, judging from a Scruff glance, is very sad indeed.

But thanks for the violent retch and terrified giggle yesterday when you unveiled the reader-selected wieners  winners of your besties awards. You somehow managed to record every crap gay mainstream stereotype of San Francisco you could, sorry. Also, craaaazy. Scott Wiener as “best community advocate”? Is Pottery Barn a community? 

Anyway, San Francisco itself won every local category of the national survey. Also telling! What uncruisable gym queen with expensive hair is sitting in Badlands right now, possibly Scott Wiener’s best friend, refreshing Grindr and voting wildly? Can someone call their alcoholic Rihanna fan roommate in embroidered jeans and wraparound Gucci shades and find out?

Below is the list of top vote-getters, with commentary

National winners   

    Gay icon of the year: Anderson Cooper
    Straight ally of the year: Barack Obama
     Best TV show: “Modern Family”
    Best TV host: Ellen DeGeneres
    Best source for gossip: TMZ
    TIE for best comedian: Kathy Griffin and Margaret Cho
    Best athlete: Orlando Cruz
    Movie of the year: “Magic Mike”
    Song of the year: “Call Me Maybe” by Carly Rae Jepsen
    Gadget of the year: iPhone 5

Every one of these things is the exact color of water, but somehow boringer.


Grindr users picked these local landmarks to come out on top:

Gym with the hottest guys:

    Fitness SF (San Francisco)

It’s not the winner per se that horrifies — FitnessSF came into being when it cast off the shackles of its homophobic Gold’s Gym franchise early last year. It’s the category itself. Claim that shallowness!

Best place to get a haircut:

    Salon Baobao (San Francisco)

Waxing available!

Best place to take a first date:

    Castro (San Francisco)

… to steal their wallet and leave them there.

Best Sunday funday:

    Jock Sundays at the Lookout (San Francisco)

Cute but meh.

Favorite gay bar/club:

    Badlands (San Francisco)

Fuck noooooo.

Favorite bartender:

     Mike at Lookout (San Francisco)

If they mean our cute and dear friend Michael — we wholeheartedly agree with Grindr on this point. He’s a great argument for why you should just stick to bars for your pickups, maybe.  

Best gay night/party:

    Beatbox (San Francisco)

This is neither a night nor a party.

Best DJ:

    Haute Toddy (San Francisco)

OK they could have done a lot worse than this completely inoffensive fingerful of vanilla frosting.

Fiercest drag queen/nightlife personality:

    Pollo Del Mar (San Francisco)

If anyone deserves the incredibly contemporary gay slang term “fiercest,” it is Pollo for sure.

Local hero/community advocate of the year:

    Scott Wiener (San Francisco)

According to our new sister paper SF Weekly, Wiener said this win finally “put to rest the issue of whether the nudity ban was a gay thing.” That was never the issue. But Scott is the mayor of Grindr!

Best local gay news outlet:

    The Bay Area Reporter (San Francisco)

I am so surprised that GLOSS Magazine did not win this!!!

 

Eh, maybe we’re not so surprised by this list after all

Harvey Milk airport!

83

First of all, it’s a great idea.

Major airports get named after people who have had a major impact on society (LaGuardia, Kennedy) or heros (Lt. Commander Edward O’Hare) and Harvey Milk was both. SFO is the gateway to the United States for millions of travelers, much as Kennedy is on the East Coast, and the idea that all of them would be potentially exposed to Milk’s life and legacy is wonderful.

Sup. Scott Wiener supports the idea, but says it will “spark a robust debate” about other people who have contributed to San Francisco, and I’ve heard the names Dianne Feinstein and Willie Brown mentioned. Both were bad mayors, both sold out the city to developers, both would be an embarassment — but that’s not the point. There are plenty of politicians like Feinstein and Brown in the world; there was only one Harvey Milk.

Thanks to Sup. Campos for the idea. I suspect it will get about 70 percent of the vote.

SFBOS grab bag: Diva Breed, Yee’s jig, delayed Chiu, and more

10

Now that the dust has settled from this week’s San Francisco Board of Supervisors inauguration and presidential vote, I thought I’d return to a few random gems that were still stuck in my notebook, waiting to see the light of day.

Under the heading of There’s a New Diva under the Dome, new D5 Sup. London Breed didn’t wait for the official noon inauguration prescribed by the City Charter to take her oath of office, instead holding a packed event at 10am in the North Light Court, where her oath was administered by a key supporter, Attorney General Kamala Harris.

“I held a swearing in earlier to be able to have a large crowd of supporters,” was how Breed explained it to her colleagues later, and it’s certainly true that attendance at the official event was limited by the size of the room. But it’s equally true that gathering a who’s who list of local power brokers to applaud Breed’s ascendance as a key swing vote sends the signal that she expects to be at the table when the big deals get cut.

President David Chiu, who is also no stranger to political power plays, sounded a tone of humble leadership after maneuvering himself with closed-door negotiations into an unprecedented third consecutive term as president, noting that there is still much more work to do.

In fact, Chiu said he was almost late for Breed’s event because, “my bike light got stolen, the Muni bus was late, and then I had a hard time catching a cab.”

Sup. Eric Mar revisited his reelection race last year with a huge understatement – “In my campaign, I had to do a little more work than my colleagues did.” – noting that he and his supporters overcame an unprecedented $1 million in spending against them: “We sent a strong message that the Richmond District is not for sale and never will be.”

Sup. John Avalos gave credit for his surprisingly easy reelection campaign to a unlikely but deserving source: journalist Chris Roberts, who uncovered evidence that Avalos challenger Leon Chow didn’t really live in the district, which he reported in SF Appeal, forcing Chow to withdraw from the race. Avalos called Roberts “an honorary member of our campaign.”

Meetings like this are often just dripping in sanctimony, and this one was no exception, so it was nice to see a moment of genuine child-like exuberance from new D7 Sup. Norman Yee, who at 63 is about twice as old as most of his colleagues. As he thanked supporters and laid out his goals, Yee suddenly seemed overcome by this opportunity, smiling broadly, doing a little jig, and declaring, “Darn, I’m excited!”

I was less impressed by the rambling mini-lecture that Cohen gave on the topic of leadership before she withdrew her nomination as president. “That’s what leadership is about, stepping forward, outside your comfort zone, and doing things,” said the supervisor with a scant legislative record as she quit the race for president before her colleagues were even given the chance to vote on what she said was the importance of having a women of color in charge. “Every person here has that leadership quality within them.”

From both supervisors and the general public, there were also a number of statements made about the history of the board presidency that were not quite right, particularly as it pertained to Cohen and Jane Kim nominating one another for president and the issue women of color being nominated for that slot.

So, for the record, the last time a woman of color (former D10 Sup. Sophie Maxwell) was nominated for board president was 10 years ago. The last time a woman served as president was Barbara Kaufman (1997-99). And the last time there was a woman of color serving as president was Doris Ward, who served from 1991 to mid-1992 when she left to become Assessor. Also, the last three-term president was John Molinari, who served from 1979-83 and ’85-’87.

The most colorful moment in public comment was when nudism activist Gypsy Taub came clad in homemade hat that urged people to oppose and recall Sup. Scott Wiener. But because Wiener had already said he wouldn’t accept a nomination as president, she turned her criticism on Chiu, who was also slammed by another leftist speaker who told supervisors, “If you can’t prevent David Chiu from being president, we deserve to be slaves.”

Finally, the meeting included an unremarkable speech by Mayor Ed Lee, who pledged to work with each supervisor and offered this unsupported claim, “We continue to make sure this city is successful for everyone.”

Disappearing poles

5

steve@sfbg.com

Political dynamics on the Board of Supervisors moved into uncertain new territory this week with the inauguration of two new members -– London Breed and Norman Yee –- who break the mold in representing districts that have long been predictable embodiments of opposite ideological poles.

Breed and Yee are both native San Franciscans with deep roots in their respective districts, which they tapped to win hotly contested races against challengers who seemed more closely aligned with the progressive politics of Dist. 5 and the fiscally conservative bent of Dist. 7. Both tell the Guardian that they represent a new approach to politics that is less about ideology and more about compromise and representing the varied concerns of their diverse constituencies.

“I don’t see everything as a compromise, but I want to be sure we find compromises where we can and don’t let personalities get in the way,” said Yee, whose background working in education and facilitating deals as a school board member belies District 7’s history of being represented by firebrand opponents of the progressive movement.

Some of the strongest champions of the pro-tenant, anti-corporate progressive agenda have come from the Haight and Dist. 5, a role that Breed has no intention of playing. “When you talk about the progressives of San Francisco, I don’t know that I fit in that category,” Breed told us. “I’m a consensus builder. I want to get along with people to get what I want.”

Yet what Breed says she wants are housing policies that protect renters and prevent the exodus of African-Americans, and development standards that preserve the traditional character of neighborhoods against corporate homogenization. “I don’t see the difference between my causes and progressive causes,” she said, claiming a strong independence from some of the monied interests that supported her campaign.

We spoke a few days before the Jan. 8 vote for board president (which was scheduled after Guardian press time, and which you can read about at the SFBG.com Politics blog). Neither Yee nor Breed would tip their hands about who they planned to support -– the first potential indication of their willingness to buck their districts’ ideological leanings.

Breed had raised some progressive eyebrows by telling the Guardian and others that she admired moderate Sup. Scott Wiener and would support him for president, but she had backtracked on that by the time we spoke on Jan. 5, telling us, “I’m going into this with an open mind.

“I’m waiting on my colleagues to decide who has the most votes,” Breed said, ing a candid take on valuing compromise over conflict. “I really would like to see us walk into this all together.”

Yee had similar comments. “They’re all competent people and can be leaders, it just depends on where they want to lead us,” he said. “I value people who can work with anyone and see themselves as facilitators more than as dictators.”

Both Breed and Yee come from humble roots that they say give them a good understanding of the needs of the city’s have-nots. Breed was raised in the public housing projects of the Western Addition, an experience that makes her want to solve the current dysfunction in the San Francisco Housing Authority.

“I can’t tell you what needs to be done, but I can tell you something is wrong,” Breed told us. “My goal is to get to the bottom of it and be extremely aggressive about it.”

Yee grew up in Chinatown, his father an immigrant who worked as a janitor, his mother a garment worker. They later lived in the Sunset and the Richmond, and Yee moved into his district’s Westwood Park neighborhood 26 years ago.

When Yee was eight years old, the family saved enough money to open a grocery store at 15th and Noe, and he said that he basically ran the store in his teen years while his father continued working another job.

That was where Yee developed his deep appreciation for the role that small, neighborhood-serving businesses play in San Francisco. In an era before credit cards, he would offer credit lines to local customers struggling to make ends meet; that experience showed him how stores like his family’s were essential parts of the city’s social and economic fabric.

“That’s why I value small businesses,” Yee said, calling that his top focus as a supervisor. “They’re going to have a bigger voice now.”

Yee draws a clear distinction between the interests of small business and that of the larger corporations that dominate the powerful San Francisco Chamber of Commerce. Asked where he might have placed on the Chamber’s recent scorecard ranking supervisors’ votes — where Yee’s predecessor, Sean Elsbernd, got the highest marks — Yee said, “Probably not on their A list. They are just one entity in San Francisco and I’m not going to be judged just by them.”

At 63 years old, Yee is by far the oldest member of the youngest Board of Supervisors in recent memory, while Breed, at 38, is closer to the current average. Yee hopes his age and experience will help him forge compromises among all the supervisors.

“People draw their lines, but I try to listen to people and see where their lines are,” Yee said. “It’s a balancing act, but at the same time, there’s things I’ve been working on all my life, like education and safety net issues, and this district does care about those things. At the same time, they care about their homes. Are these issues in conflict? I don’t think they have to be.”

Behind today’s unanimous vote for Chiu

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For all the high-minded talk about diversity and working together on behalf of the public – and the relentless praising of their political colleagues and supporters – today’s unanimous re-election of David Chiu as president of the Board of Supervisors once again demonstrated that much of the people’s business is done behind closed doors.

As most of the supervisors acknowledged publicly or in comments to the Guardian, in recent days there was a flurry of meetings about the president vote among the supervisors, despite the prohibition in the state’s Brown Act against “seriatim meetings,” in which elected officials have serial meetings with each other until an quorum of supervisors has illegally discussed some topic.

How else could Malia Cohen, Jane Kim, and Scott Wiener – all hopefuls for the president’s seat who withdrew themselves from consideration before a vote was cast – have all known that Chiu had the votes he needed to win an unprecedented third consecutive term? But they did know, as they all told the Guardian.

“The reality was the support wasn’t there,” Cohen told reporters after the vote when asked why she withdrew her nomination just before the supervisors were about to vote, just after Kim had done the same thing, leaving Chiu as the sole nominee.

I asked whether she was promised anything in return for withdrawing from consideration, and Cohen said, “There’s always negotiations involved in everything, from committee assignments to appointment to regional bodies…The full story will come out later.”

Cohen even obliquely suggested that Chiu – who is known to have his sights set on Tom Ammiano’s Assembly seat, which comes open in two years – may not serve his full two years as president and that was part of the backroom discussions. In the more immediate future, Cohen said she wants to serve on the Land Use Committee, so don’t be surprised if Chiu appoints her as chair of that powerful body.

“It may seem like a small setback today, but it sets the stage for greater conversations going forward,” Cohen said of her decision to voluntarily step down.

Kim also told reporters that she knew Chiu had the votes – saying “we know there was broad support for David for another term” – and that the decision that she and Cohen made to nominate one another was mostly symbolic, intended to make a point about the need for women of color to be in leadership positions: “I thought it was important that we put the dialogue out there.”

Kim said she really appreciated the opportunity to speak with more fellow supervisors privately in the last few days than she had before. “All of this was last minute. There were really only discussions in the last three days,” Kim told me. “I got a good sense of people’s policies and priorities.” As for Kim’s priorities, she said she wants to serve on the Budget Committee, so don’t be surprised when Chiu names her as chair.

Wiener also told me that he realized a couple days ago that he didn’t have the votes but that Chiu did. “It would have been an honor to serve as board president, but it wasn’t in the cards,” Wiener said.

Some of what the cards showed was made clear as the nominations for president opened today and new Dist. 7 Sup. Norman Yee spoke first and nominated Chiu, thus making it clear that Kim probably didn’t have the six votes she needed. As former Sup. Chris Daly, a veteran vote counter, told me, “Norman Yee and Eric Mar could have made Jane Kim board president. They were the deciding bloc, but it would taken both of them.”

Yet Mar told us that he was caught off guard by how the voting unfolded today. “I was surprised that people dropped out before the vote,” he told me.

Yet he acknowledged that it was perhaps a smart move by the progressive supervisors, who voted against Chiu two years ago and were punished with bad committee assignments, to instead get behind Chiu now and hand him a unanimous victory.

“I think that was the hope when people dropped out. It would have been hard if they didn’t, but these negotiations [with Chiu over committee assignments] will go on over the next few days,” Mar said, noting that he will push for strong representation by supporters of labor and other progressive constituencies on key committees.

Asked about his negotiations with fellow supervisors, Chiu would only say, “My conversation with everyone was very consistent.” As for his pending decision on committee assignments, he told me, “We have a board that is very diverse and we’ll have committees that reflect that.”

During his speech in Board Chambers, Chiu talked about running the board in a way that would let each supervisor have her/his moments in the spotlight to provide leadership on issues they care about, comparing it to the San Francisco Giants and the contributions that so many players made to their World Series sweep.

“They took turns making the big plays,” Chiu said, going on to tick off the list of how he’ll help his colleagues shine. “Whether it’s Sup. Mar advocating for a healthy environment, Sup. Farrell addressing out looming health care costs, whether it’s Sup. Chu disciplining our budget, Sup. Breed getting the jobs that young people need, Sup. Kim making sure that all our kids graduate, Sup. Yee making sure that small businesses succeed, Sup. Wiener fighting for better transportation options, Sup. Campos fighting against wage theft, or Sup. Cohen curbing gun violence, and Sup. Avalos delivering on local hire, by the end of our season, if we’re going to help each other succeed in getting these things done, we are all going to win.”

Lamebows 2013

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marke@sfbg.com

POODLES ON PARADE Marriage, the military, nudity bans, Bravo TV: queople, why must we torture ourselves! It’s true that we are everywhere, lurking even in the aeries of stupid-headedness. But queen, please, put down that can of mentally challenged and back slowly away in your new cha-cha heels. Here I am once again to call my people out for their foibles of faggotry with the annual Lamebow Awards. Even in a banner year for LGBT wins, we still clutched a Gucci full of dumb.

The cliches write themselves: My Dearest Scott Wiener, I write this not as someone who disagrees profoundly with your “moderate” politics or your collection of Banana Republic v-neck sweaters. I write this because, this year, a supervisor named Wiener, representing the Castro, got so obsessed with a few naked guys that he rammed through a nudity ban (oh, and a bunch of other awful stuff, too) that made national news. I have to talk to my relatives back East about all this. My great-aunt-in-law almost choked to death on her turkey from laughter. Please stop.

Not helping: Mountain-out-of-molehill blogger Michael Petrelis in turn became obsessed with Wiener’s penis, attempting to snap a pic of the Supes’ member at a City Hall urinal. Not making this up. Nor this: it took too long for Petrelis’ camera from the ’90s to warm up, so he only managed a shot of Wiener brushing his teeth, post-pee. Petrelis is being sued by Wiener.

Seriously not helping though: In August, 28-year-old Floyd Corkins II, a former LGBT center volunteer, attempted to storm the Washington, DC headquarters of the Family Research Council (recently and correctly categorized as a hate group by the Southern Poverty Law Center), shooting a security guard.

You just helped, actually: We never knew we should be boycotting Sodastream products because they are manufactured in illegal Israeli settlements on Palestinian land. But thanks to a widely viewed YouTube video — in which it appears a peaceful Code Pink protest inside Sodastream-carrying Cliff’s Variety in the Castro is violently broken up by hysterically screaming Cliff’s employees — we know! Troll is successful.

The fact is, you’re late: “The fact is, I’m gay,” Anderson Cooper wrote to blogger Andrew Sullivan by way of coming out. Anderson Cooper is the Clay Aiken of our generation.

The fact is you’re veeery late: As her 50th birthday approached, Kristy McNichol came out. “She hopes that coming out can help kids who need support,” said her publicist. There are no kids who know who Kristy McNichol is.

And you’re just trapped in a closet full of spray-on hair forever now: Many, many of John Travolta‘s male masseurs “opened up” about his happy endings. His response? A horrifying Christmas album reunion with Olivia Newton John full of the most awkward sexual metaphors ever. Greased lightning!

Freedom to fly, to fail: Director Lena Wachowski came out beautifully, vocally, and powerfully as a transgender person with deep thoughts about the nature of sexual identity. Too bad Cloud Atlas had me rolling my eyes to the high heavens.

Hide your buns, hide your wings: Reviving his meme career somewhat, Antoine Dodson said she was gonna eat Chik-fil-A anyway. Well-played.

I’m sorry: Castigating Log Cabin Republicans is easier than finding Anderson Cooper on Grindr, but watching them bend over backwards to justify supporting the Tea Party party when even our president had “evolved” on gay marriage was a real hoot. Especially because they had to say “fiscal” so many times.

All of us: While we were all arguing over gay shit (as usual), a young musical genius named Frank Ocean quietly erased the goalposts and went public with his generation’s sublime, amorphous “meh” about sexual labels. Let’s catch up.