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Fantasy Building Tenants Appeal to Council for Help

By Judith Scherr
Friday March 30, 2007

Rich Robbins of Wareham Development, Inc. has a vision for the seven-story West Berkeley building he recently bought for around $20 million.  

Robbins is doing work to the tower at 10th and Parker streets, known best as the Fantasy Building—improving the lobby, adding a fountain, upgrading the heating system and more. “He’s going to turn that building into a world class media center,” Robbins’ representative Darrell de Tienne told the City Council at a special council session that followed the regular Tuesday meeting, called to address Wareham’s steep rent hikes that tenants say will destroy their arts community. 

The 50 or so mostly filmmakers and their supporters were asking for council help negotiating what filmmaker Ashley James called “a stay of execution” of rent hikes of 40-to-100 percent over three years and the immediate eviction of a few. They are already a world-class community of award-winning artists and don’t need the extraneous upgrades they have to pay for, the artists told the council. 

After listening to the filmmakers, their supporters and the developer’s representative, the council decided to pursue negotiations with the developer. 

Eric Hayashi, executive director of the San Francisco-based Film Arts Foundation, told the council that it was no accident that there had been 13 Academy award nominees from that one building. “It’s not 13 in the state; it’s not 13 in the Bay Area, it’s not 13 in Berkeley. It’s 13 companies in one building … It’s independent filmmakers relying on each other, building something greater than themselves,” he said. 

Speaking to the council as a representative of the community, Ashley James of Searchlight Films, a tenant in the building since 1995, said that the filmmaker community has “supported, sustained and, at times, employed us.”  

While James thanked Mayor Tom Bates for his efforts to talk to Robbins, he said there ought to have been representatives of the artist community participating in the discussions. “You were in there alone with Wareham,” he said, “What we want, what we need and what we deserve is a reasonable negotiating period to work on basic terms of the leases.” 

Filmmaker Rick Goldsmith told the council that Wareham’s claim that the artists are not now paying market rents is false. Rents were raised from around $2 per square foot to $3 or $3.25 per square foot in 2005 and now Wareham is asking for $4-to-$6 per square foot, he said. “West Berkeley rental levels are not more than $2 per square foot,” he added.  

Wareham spokesperson Tim Gallen did not dispute that the rents were high, but underscored in an earlier interview with the Planet that the rent hike was due to the amenities, such as the two small theaters at the site undergoing renovation and views of the Golden Gate Bridge from some  

studios. 

While the artists said Robbins’ insistence that they negotiate one-on-one and not collectively was a divide and conquer technique, Wareham representative de Tienne addressed the issue: “You’re going to have to negotiate one-on-one. I’m sorry,” he said. “It’s just that simple. Being a business and being an artist you still have the responsibility to stand up and talk for yourself and do what you need to do,” said de Tienne, adding that he is an artist himself. 

When Councilmember Linda Maio tried to ask de Tienne why the artists had different rates for similar studios, he cut her off: “Let me stop you. This life is not egalitarian,” he said. The audience groaned.  

Representing West Berkeley Artisans & Industrial Companies, woodworker John Curl told councilmembers that they should play hardball with the developer. 

“Council should tell the building owner in no uncertain terms that he must treat these tenants in a decent and responsible manner,” Curl said, reading from a prepared text. “Tell him that that is a price of doing business in Berkeley. This landlord depends heavily on the city being cooperative with his projects and developments. Tell him that, if he expects the city to cooperate with him, he needs to cooperate for the betterment of the city.” 

In fact, Robbins has at least one project under consideration in the city—the Garr building at 740 Heinz Ave. in West Berkeley—and has talked to various city staff about another he says he wants to build on the parking lot at the Fantasy Building. 

Councilmember Kriss Worthington addressed the issue: “If the developer wants to get something done, it’s far better to get out on the table what you want to do and work things out,” he said, adding, “This type of greed is not acceptable.” 

Counclmember Dona Spring argued that the West Berkeley Plan protects artists, but Land Use Manager Mark Rhodes countered that the space is protected as arts space, but the individual artist is not protected. Lower income filmmakers could be forced out and replaced by those who can pay the higher rents—“There’s no commercial rent control,” Rhodes said. 

In a separate interview with the Planet, Jed Riffe of Jed Riffe Films said that the loss of the artist community is more than a loss of creativity to Berkeley. Riffe said he just finished a documentary for which he spent $1 million in Berkeley. That included renting equipment, hiring a local editor and crew, copying costs, and “feeding a small army of people,” he said. 

Berkeley Arts Festival Director Bonnie Hughes had her own take on the situation, telling the council that unless they act, history books will say Berkeley was once known as “the home of free speech and artistic innovation until it was invaded by greedy hordes of carpetbaggers.” 

Hughes laid out the dilemma: “Carpetbaggers come to make millions; artists come to make art; to whom will you dedicate our city?” 

 

 

 

Photograph by Judith Scherr 

Filmmakers working in the Fantasy Building ask the City Council Tuesday to help them in negotiations with new landlord Wareham Development, Inc. In the front row are (l - r) Wareham tenants Jeb Riffe, Susan Starr and Rick Goldsmith.