Scott Wiener

Democratic party rejects bid to make waterfront development more democratic (UPDATED)

Note: This story has been updated (see below).

The governing body of the San Francisco Democratic Party voted Wed/12 to oppose a controversial June ballot measure concerning waterfront height limits, despite voting last year to support a strikingly similar measure on the November ballot.

By a slim 13-to-12 vote, the Democratic County Central Committee voted to oppose Proposition B, which would require city officials to get voter approval before approving new building projects that are taller than what’s legally sanctioned under a comprehensive waterfront plan.

The vote breakdown was surprising to some because until recently, the DCCC was known as a progressive stronghold in San Francisco politics. Its slate cards are distributed to Democrats throughout San Francisco, and Democrats make up the vast majority of city voters.

Now, under the leadership of a chair who is employed as a lobbyist for the San Francisco Association of Realtors, the DCCC has aligned itself with powerful real-estate developers hoping to build along the city’s waterfront. 

District 8 Sup. Scott Wiener came under scrutiny recently because he called for a formal evaluation on the impact of Prop. B after developers who oppose the measure sent emails urging him to do so. Wiener, who emphasized at the time that he merely sought an “impartial analysis” of the measure, voted against Prop. B.

Also opposing Prop. B were Assmeblymember Phil Ting, Attorney General Kamala Harris, and Bevan Dufty, a former District 8 supervisor who now leads the mayor’s initiatives on homelessness. 

Twelve members voted to endorse the measure, including Sups. John Avalos, David Campos, Eric Mar, and Malia Cohen, as well as California Sen. Mark Leno and Assemblymember Tom Ammiano. 

But the threshold for this vote to pass or fail was much lower than usual, because so many DCCC members simply refused to take a stand one way or the other.

Prop. B comes on the heels of voters’ rejection last November of Props. B and C, dueling initiatives which concerned the fate of a controversial luxury high-rise tower, the 8 Washington project. 

Although that project won Board of Supervisors approval, opponents brought a referendum to the ballot to ask voters to decide whether to uphold or reject a building height increase that went above the established limit.

The rejection of 8 Washington at the ballot was interpreted as a politically significant turning point, because voters flushed a luxury condo tower down the tubes at a time when the housing affordability crisis was getting into full swing. Soon after that victory, 8 Washington opponents returned to file paperwork for a new referendum on the ballot, to require voter approval for all waterfront height-limit increases.

San Francisco Board of Supervisors President David Chiu – who not only opposed 8 Washington but helped gather signatures for the referendum to challenge it – did not take a position on the waterfront height limit measure. Chiu’s decision to abstain sets him apart from Campos, his opponent in the upcoming Assembly race. Had Chiu voted to endorse Prop. B, its opponents would not have had the votes to get the upper hand.

UPDATE: Chiu said he still hasn’t formed an opinion on the measure, and that he’s waiting on a pending city analysis and the outcome of a lawsuit challenging it. 

“There’s been very little analysis and it could take money away from affordable housing and cost the city money fighting a lawsuit,” he said, citing the money that developers would be spending on political campaigns as the potential source of affordable housing money. 

“I am open to supporting the measure, as someone who passionate about waterfront development,” he added, citing the lead role he took in opposing the 8 Washington project. (End of update.)

Others who abstained (or did so by proxy) included Alix Rosenthal (who is working as a consultant on the waterfront Warriors arena project), Sen. Dianne Feinstein, Rep. Jackie Speier, and Rep. Nancy Pelosi. California Sen. Leland Yee – whose representative at the meeting, John Rizzo, reportedly did not show up to cast Yee’s vote – was reportedly also planning to abstain.

Jon Golinger, who is leading the Prop. B campaign to require voter approval for waterfront height-limit increases, said he wasn’t terribly concerned about the DCCC vote, since early polling was favorable to his campaign. But he found it telling that the same cast of characters who had opposed 8 Washington were now voting to oppose a measure that would have extended voters’ will on 8 Washington to all waterfront development proposals.

“The key difference,” between Prop. B and last November’s 8 Washington vote, he told the Bay Guardian, “is that there are more big money interests that have something to lose here.”

Big Soda’s sketchy grassroots support

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The Guardian published a story today fact checking a list of local businesses who oppose the Sugary Beverage Tax, a list used by American Beverage Association funded publicists to slam the tax. The story is getting a lot of attention from health advocates and neighborhood businesses, but the Guardian has heard one question over and over: “Where can we see the list?”

Well, here it is, embedded as a PDF below. A few caveats: the list is from Jan. 29, and 12 businesses have been removed from the list since then, according to Affordable City, the ABA funded group that assembled the list. 

Still, our story found shops that were listed in error that were not on the list, and many store owners we spoke with said they weren’t aware funding from the tax would go to schools or fitness programs. Sugary Beverage Tax sponsor Sup. Scott Wiener told the Guardian that he expects to see millions of dollars from ABA’s main backers, Coca Cola Co. and Pepsico, spent to discredit the tax.

They have cause for concern, as San Franciscans may cut their sugary beverage spending by $31 million if the tax were to pass. 

If you’re a store owner, activist or health official and want to verify the list of businesses opposed to the tax for yourself, the list is above for your perusal. 

For more background on the Sugary Beverage Tax and its implications, check out our previous coverage here.

Kick the can

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joe@sfbg.com

At least 720 San Francisco businesses oppose the controversial Sugary Beverage Tax proposed for the November ballot, according to the proposed ballot measure’s opponents. But a Guardian investigation shows that claim is overstated.

Some businesses were listed with the consent of employees who couldn’t speak for the business, not their owners, and some businesses listed aren’t even open anymore.

The measure is opposed by Unfair Beverage Taxes: Coalition for an Affordable City, which is funded by the American Beverage Association and fronted by public relations firm BMWL and Partners. They have been trying to enlist allies from local restaurants and liquor stores, trying to show the community is against the Sugary Beverage Tax.

The ABA is funded primarily by Coca-Cola Company and PepsiCo, and they certainly have cause to worry about a measure that aims to reduce consumption of sodas and other sugary drinks to help curb obesity, using a 2 cent per ounce tax on sugary beverages sold in San Francisco.

The resolution to place the measure on the fall ballot is sponsored by Sups. Scott Wiener, Eric Mar, Malia Cohen, John Avalos, and David Chiu.

The estimated $31 million in taxes collected would go to the SFUSD to fund physical education for kids and active and healthy living programs in the San Francisco Recreation and Park Department and the Department of Public Health.

We called over 70 of the businesses on the list of opposition to the tax in San Francisco. Not all of the businesses responded to our calls, nor were owners easily available, and some of the businesses listed did not have English-speaking staff available to talk.

Update 2/26: Want to see the list for yourself? Click here for the PDF of the opposition list to the Sugary Beverage Tax sent to us by Affordable City. 

But about 20 of the businesses did respond, and what they told us calls into question the veracity of the opposition list.

Mohammed Iqbal, owner of All Nite Pizza on Third Street, said he only learned about the Sugary Beverage Tax only after we called. Following up later, he said he found that one of his employees signed onto the list.

records“We’re not really sure about the tax, we’d rather stay out of it,” Iqbal told us.

Swanky coffee and wine bar Ma’Velous, a spot popular with City Hall politicos, was also on the list. The owner’s wife, Lean Chow, told us opposition canvassers presented the tax in a one-sided way, and she wasn’t told her signature would place the business onto an opposition list.

“We didn’t get the full details,” she told us in a phone interview. “We also didn’t know the taxes would go towards education.” Her husband owns the coffee bar, and she said they are both fully in support of the beverage tax.

Noe’s Bar and the formerly co-owned Basso’s restaurant are also on the opposition list, but both businesses are permanently closed, according to their Yelp listings and county business data, which we confirmed with phone calls.

Most of the store owners we talked to who did confirm they were on the opposition list said they were not told the funding would go to schools, activities in parks, or public health. Some said they were actively misinformed.

Aijez Ghani, the owner of the restaurant Alhamra, told us, “The one gentleman come, and he say in favor or against? I said in favor.”

When we asked him if he knew he was on the opposition list, Ghani said, “I think it was a mistake. But I am totally in favor of the tax, 100 percent. They’re going to spend money on the schools, the health of kids, and health is more important than business.”

Chuck Finnie, who runs the opposition group for BMWL, invited us up to his firm to inspect the signatures for the opposition list. Along the office walls were dozens of silver and gold award statues from the American Association of Political Consultants “Pollies” awards. One was a 2013 Overall Campaign win for No on N, when the firm trounced the Sugary Beverage Tax in Richmond.

Finnie suspected that the Guardian was sniffing around the list at the behest of Wiener, who Finnie said had raised concerns about the list’s credibility at various meetings in the business community.

“I was a journalist for 20 years, and this is bullshit,” the ex-San Francisco Chronicle investigative reporter and city editor told us. “The gloves are off.”

On the table was a large bin of records. Each business had a sheet with, supposedly, an owner’s name and contact information. We found one listing Mohammed Iqbal, of All Night Pizza, but Iqbal told us the signature was from an employee whose English was not good. Chow was also in there representing Ma’Velous, even though her husband, Philip Ma, is the only registered owner in county records.

As for the closed businesses, Noe’s Bar only closed three weeks ago, but Finnie and his associate Nick Panagopoulos (a former City Hall staffer) said they comb through the opposition list for mistakes every week, showing the Guardian a list of 12 businesses that were removed due to errors in the outreach process.

“I’m responsible for this coalition we’re building, and I’m serious about our political organizing,” Panagopoulos told us, saying he’s rigorous about the standards his organizers use, but that “they’re human beings, so there may be mistakes.”

But Wiener isn’t buying it.

“When I first saw this list, it looked fishy to me,” he wrote to the Guardian in an email, saying his office found irregularities similar to what we found, but from different businesses. “I’m concerned that, given this start to the campaign, the beverage industry is going to flood San Francisco with enormous amounts of money spreading misinformation. This kind of tactic isn’t acceptable.”

Francisco Alvarado, Bryan Augustus, and Brian McMahon contributed to this story.

Muni fare shakedown

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Update: Just a day after the release of this article, advocacy group POWER announced that Google pledged to pay for Free Muni For Youth for two years. “This validates both the success and necessity of the Free Muni for Youth program,”said Bob Allen, leader in the FreeMuni for Youth coalition, in a press release. “We need tech companies in San Francisco and throughout the region to work with the community to support more community-driven solutions to the displacement crisis.” 

The funding though is promised only for two years, and when that timeframe is up the question will still remain — will Muni’s operating budget pay for something Mayor Ed Lee could find funding for elsewhere? Additionally, Google hasn’t announced funding for free Muni for seniors or the disabled, another program up for consideration in the San Francisco Municipal Transportation Agency’s new budget. That may change if and when it is approved by the SFMTA for the next budget year. 

“I think it’s a positive step in the right direction,” Superivsor David Campos, the sponsor of Free Muni For Youth, told us. “But there are still questions about what it means in terms of the long term future of the program. It’s only a two year gift.” 

“We have asked for a meeting with Google and the mayor’s office and the coalition to talk about long term plans, to find out more information about what this means.” 

There’s a tie that binds all Muni riders. From the well-heeled Marina dwellers who ride the 45 Union to Bayview denizens who board the T-Third Sunnydale line, we’ve all heard the same words broadcast during sleepy morning commutes.

“Please pay your fare share.”

The play on words (also seen on Muni enforcement signage) would be cute if it didn’t perfectly represent how Muni riders may now be stiffed. A slew of new budget ideas hit the San Francisco Municipal Transportation Agency Board of Directors last week (Feb. 18), and who will pay for it all is an open question.

The first blow to riders is a proposed single-ride fare hike from the current $2 to $2.25.

Other proposals include expanding the Free Muni for Youth program, rolling out a new program offering free Muni for seniors and the disabled, and a fare hike to $6 for the historic F streetcar.

The odorous price jumps (and costly but promising giveaways) are moving forward against a backdrop of a Muni surplus of $22 million, which the board has until April to decide how to use, and a controversial decision by Mayor Ed Lee to make a U-turn on charging for parking on Sundays.

The meter decision would deprive Muni of millions of dollars.

“We’re not proposing anything here, just presenting what we can do,” SFMTA Director Ed Reiskin told the SFMTA board at City Hall last week.

There’s still time to change the SFMTA board’s mind on the proposals between now and final approval of the budget in April. But who will end up paying for a better Muni?

 

FARE HIKES NOT FOUGHT

In 2010, the SFMTA instituted a policy to raise Muni fares along with inflation and a number of other economic factors, essentially putting them on autopilot. The SFMTA board still has to approve the fee hikes, which may rise across the board.

fares One-time fares may jump to $2.25. Muni’s monthly passes would see an increase by $2 next year and more the following year. The “M” monthly pass will be $70 and the “A” pass (which allows Muni riders to ride BART inside San Francisco) will be $81.

Muni needs the money, Reiskin said.

“To not have (fares) escalate as fuel and health care costs increase, you can’t just leave one chunk of your revenues flat,” he told the Guardian. Muni’s operating budget will expand from $864 million this year to $958 million in 2016. “Salary and benefit growth is the biggest driver of that,” Reiskin said.

Mario Tanev, spokesperson for the San Francisco Transit Riders Union, said the hike was expected.

“We’re not necessarily against the inflation increase,” he said. “But though the parking fines SFMTA levies are inflation adjusted, other rates (against drivers) are not. There are many things in our society that disincentivize transit and incentivize driving.”

Drivers enjoy heavy subsidies to their lifestyle on the federal, state, and local levels, from parking lot construction, the cost of gasoline, and now it seems, renewed free Sunday parking meters. The new fare increases are hitting transit riders just as the mayor is poised to yank funding from Muni to put in the pockets of drivers.

 

PLAYING POLITICS

When the paid Sunday meter pilot began in early 2013, it was a rare flip in a city that often treats Muni like a piggy bank: money was floated from drivers and dropped onto the laps of transit.

A report from SFMTA issued December 2013 hailed it as a success for drivers as well: Finding parking spaces in commercial areas on Sundays became 15 percent easier, the study found, and the time an average driver spent circling for a space decreased by minutes.

Even some in the business community call it a success, since a higher parking turnover translates to more customers shopping.

Jim Lazarus, senior vice president of public policy at the Chamber of Commerce, is a supporter of the paid Sunday meters. “You can drive into merchant areas now where you couldn’t before,” he told us.

Eliminating Sunday meter fees would punch a $9.6 million hole in Muni’s budget next year, by SFMTA’s account.

The timing couldn’t be worse. On the flip side the Free Muni for Youth program, which targets low-income youth in San Francisco, may expand next year at an estimated cost of about $3.6 million, and a program to offer free Muni for the elderly and disabled would cost between $4 and $6 million — close to the same the same amount that would be lost by the meter giveback.

 

BOOSTING SAN FRANCISCO FAMILIES

“As an 18-year-old in high school it was a struggle to get to school, it was a struggle to find 75 cents or two dollars to get home,” Tina Sataraka, 19, told the SFMTA board last week. As a Balboa High School student, Sataraka had a 30-minute commute from the Bayview. She’s not alone.

A study by the San Francisco Budget & Legislative Analyst’s office found that 31,000 youth who faced similar financial hurdles had signed up for the Free Muni for Youth pilot program, a resounding success in a city where the youth population is dwindling. Authored by Sup. David Campos, the program may redefine “youth” to include 18-year-olds, who are often still in high school.

But initial grant funding for the program has dried up, so now Muni will foot the bill.

Not one to say “I told you so,” Sup. Scott Wiener said there were reasons for objecting to the program a year ago.

“My biggest, fundamental objection to the program was less that they were giving free fares to kids, and more that they were taking it out of Muni’s operating budget,” Wiener told us. “They need to find a way to pay for it, perhaps from the General Fund, and not just taking the easy and lazy way out.”

The Budget & Legislative Analyst recommended several options for alternative funding: special taxes on private shuttle buses (Google buses), or an increased vehicle license fee specially earmarked for the youth bus program. So far, Mayor Ed Lee hasn’t shown an interest.

“There haven’t been discussions of having the Board of Supervisors fund free Muni for youth,” Reiskin told us. The same goes for the mayor. And though Reiskin was cautious and political about the possibility of Sunday meters becoming free again, he didn’t sound happy about it.

“As for what’s behind [the mayor’s] call for free Sunday parking, that didn’t come from us,” Reiskin told us. “That came from him.”

 

NOVEMBER RISKS

Mayor Lee’s office didn’t answer our emails, but politicos, including Wiener and Chronicle bromance Matier and Ross, indicated the mayor may be reversing on Sunday parking meters to appease the driving voter electorate.

There are two measures up on the November ballot, and one is aimed right at drivers’ wallets.

The two measures, a $1 billion vehicle license fee hike, and a $500 million transportation bond, are both aimed at shoring up the SFMTA’s capital budget. An October poll paid for by the mayor showed 44 percent of San Franciscans in favor of a vehicle fee hike, and 50 percent against, according to the San Francisco Chronicle.

Reiskin said the loss of those two ballot measures would be crippling to Muni’s future.

“The improvements we’re trying to make to make Muni more reliable, more attractive, those won’t happen. This is our funding source for that,” he said.

The mayor is busy smoothing the potholes towards the bonds’ success in the November election, but it seems he’s willing to pile costs onto Muni and its riders to do it.

Correction 2/26: An editing error led to the erroneous calculation of Free Muni For Youth at near $9 million. Free Muni For Youth is only estimated to cost the SFMTA $3.6 million. It is the combination of Free Muni For Youth and free Muni for the disabled and elderly that equal about $9 million. 

 

Wiener’s resolution to study waterfront initiative written by its opponents

Developers and activists are once again at odds over San Francisco’s waterfront, arguably the most valuable bit of land in one of America’s most expensive cities. Ahead of a June ballot initiative that would require voter approval for proposed waterfront buildings that exceed current height limits, development groups are already reaching out to politicians to tip the scales in their favor.

E-mail and text exchanges obtained by initiative proponent Jon Golinger via a public records request show that Gabriel Metcalf, executive director of SPUR; and Jack Bair, senior vice president and general counsel for the San Francisco Giants, urged Sup. Scott Wiener to use his authority to direct city agencies to report on the Waterfront initiative. Wiener introduced a resolution calling for this report, which will be considered at tomorrow’s [Tues/25] Board of Supervisors meeting.

City law normally prohibits the use of public resources for political activity that could sway the results of an election.

“There’s a law that once a petition qualifies for the ballot, there’s a very bright line that separates government resources from being used [to defend or oppose it],” explained Golinger, who is managing the campaign for the Waterfront initiative. “These emails demonstrate that there are more political maneuvers than genuine intent to inform the public.”

A representative from the City Attorney’s Office declined to comment, but a memo issued last September by that office clarified that municipal resources can be used to objectively investigate and evaluate the impact of a ballot measure, but not to take a position on it.

Wiener denied that there was anything improper about requesting a report in response to concerns raised by Bair and Metcalf. “[The proponents] have been very reckless in their accusations,” he said. “First they said it was illegal, but we pointed out that there’s a provision that allows this. They backed off, and now they’re making another frivolous accusation that although it is legal for me to introduce the resolution, it’s inappropriate for me to talk with anyone who has an opinion on it.”

But e-mail records show that the study was initially requested by Metcalf, and that the first draft of the resolution was written by SPUR. Wiener later presented that resolution to the Board of Supervisors, asking seven city agencies — including the Port of San Francisco, the Planning Department, and the Mayor’s Office of Housing — to produce reports on the impact the ballot initiative would have if passed.

The purpose of the reports, according to a press release issued by Wiener’s office, is to provide an “impartial analysis” so that the public can make an informed decision at the ballot box.

Activists doubt that impartiality, but Wiener says that their claims are “completely baseless.”

“First of all, the only thing this resolution does is direct city departments to provide an objective analysis on the possible impact of the ballot measure,” Wiener told the Guardian. “I find it bizarre that these folks are fighting so tooth and nail to fight more information for voters.”

Metcalf of SPUR, a research and advocacy group with a pro-development stance, also maintains that there is nothing dishonest about the exchanges. The job of lobbyists is to reach out to politicians, he says.

“Every group in the city that’s trying to influence public policy has to talk to supervisors just like this,” Metcalf said. “I’ve worked with this resolution to make the public debate more sophisticated, so people can think before making a decision.”

Metcalf told the Guardian that while the organization’s ballot analysis committee has already recommended a “no” vote on the measure, SPUR does not have an official position until the board of directors votes at its March meeting.

Bair of the Giants did not respond to a phone call from the Bay Guardian. The Giants have a vested interest in seeing the measure go down at the polls, given the massive development project that the team is proposing at Pier 48.

There are two problems with the resolution, said Golinger. First, he believes the advocacy by opponents means city resources would be used for a political campaign. The seven city departments in question would be taking time away from their normal duties to write a report catering to the campaign opposition, he said.

The second problem is that since the resolution was essentially written by SPUR — which is already leaning toward opposing the measure — it would frame the way that the reports would be written.

The resolution “was crafted by opponents to get a preordained result,” Golinger said. “It asks skewed instead of open-ended questions, and they are designed to push and shape the analyses in a frank way.”

Nevertheless, Wiener maintains that he has done nothing wrong.

“It’s perfectly okay for me as an elected official to work with whoever I choose to work with,” he said. “I work with all sorts of different people on all kinds of different topics. That’s what democracy is about. I don’t sit in a cloistered room, I’m out there getting ideas from people. It’s a sad state of affairs that in 2014 you can be attacked for having the gall to actually talk to people.”

Chiu and others get stung for support from speculators and evictors

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Our colleagues down the hall at the San Francisco Examiner seem to have spoiled tonight’s [Thu/30] fundraiser for David Chiu’s Assembly race by reporting this hour that the host, attorney Steven MacDonald, is on a housing activists’ blacklist for representing landlords in controversial Ellis Act evictions.

Reporter Chris Roberts quotes Chiu campaign manager Nicole Derse pleading ignorance about “what type of law Steven practices” and pledging to return a $500 campaign contribution from him in October, but saying that the 6pm fundraiser at John’s Grill would go on nonetheless.

Derse told the Guardian that MacDonald represents a wide variety of clients, including many tenants who are fighting evictions, so the campaign decided to go ahead with the fundraiser but refused MacDonald’s direct financial support, consistent with a pledge not to take money from those involved in evictions.

“We won’t accept money from anyone who has been involved with evictions at all,” Derse told us, saying it was a mistake to accept money from MacDonald but acknowledging the challenge of the “scrutiny and vetting involved for a small campaign.”

“We’ll do everything we can to make sure this doesn’t happen again,” she told us.  

The controversy and the Chiu’s campaign’s quick decision to refuse the support from an early contributor show just how volatile and politically toxic the city’s eviction and affordable housing crisis have become, rapidly transforming the city’s political dynamics. It also shows how information being made public by housing activists, and their new confrontational tactics, are being used within that changed realm. 

Former Guardian Editor Tim Redmond had a story yesterday on his 48 Hills website focusing on the heat that Sup. Scott Wiener is taking over the political contributions that he’s received from real estate speculators and those involved in evictions, including Urban Green and speculator Ashok K. Gujral, who are among the Dirty Dozen serial evictors highlighted by the Anti-Eviction Mapping Project, whose work we been covering for months here at the Guardian.

Below is an infographic of Supervisor Wiener’s campaign contributions, created by the Anti-Eviction Mapping Project:

The price of growth

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joe@sfbg.com

San Francisco is booming, but will its infrastructure be able to keep up with its population growth?

The problem is acutely illustrated in the southeast part of San Francisco, where long-stalled development plans were finally greenlit by the adoption of the Eastern Neighborhoods Community Plan a few years ago.

The Mission, Potrero Hill, Dogpatch, and Mission Bay districts have attracted more attention from developers than any other sector of San Francisco, according to the Planning Department. Bayview and Hunters Point are also now attracting lots of investment and building by developers.

But when development projects don’t pay the full cost of the infrastructure needed to serve those new residents — which is often the case in San Francisco and throughout California, with its Prop. 13 cap on property tax increases — then that burden gets passed on the rest of us.

Mayor Ed Lee’s recent call to build 30,000 new housing units by 2020 and the dollar sign lures of waterfront development have pressed the gas pedal on construction, while giving short shrift to corresponding questions about how the serve that growth.

growthimage

Infrastructure needs — such as roads, public transit, parks, and the water and sewer systems — aren’t as sexy as other issues. But infrastructure is vital to creating a functional city.

That kind of planning (or lack thereof) impacts traffic congestion, public safety, and the overall livability of the city. And right now, the eastern neighborhoods alone face a funding gap as high as $274 million, according to city estimates highlighted by area Sup. Malia Cohen.

That’s why Cohen went looking for help, though that’s not exactly what she found.

 

MEETING DEMAND

Cohen has asked Mayor Lee about the lack of adequate investment in critical infrastructure again and again. She asked his staffers, she asked his aides. At the Feb. 11 Board of Supervisors meeting, during the mayor’s question time, she was determined to ask one more time.

Cohen asked the mayor about how to fund infrastructure needs in the eastern neighborhoods and whether the city should use a new, rarely used fundraising option called an Infrastructure Financing District, or IFD.

“When the city adopted the Eastern Neighborhoods Plan, we were aware of a significant funding gap that existed for infrastructure improvement,” she said to the mayor. She asked if he would slow down development while the city caught up with infrastructure improvements, or commit more funding.

Cohen asked pointedly, “Would you support an IFD for the eastern neighborhoods?”

The mayor’s answer was in the foreign language known as bureaucratese, offering a firm “only if we have to.”

“Strategically planning for growth means making long-term investments in infrastructure,” he said. “And the most important thing that we can do right now is to work together to place and pass two new revenue generating bonds measures on the November 2014 ballot.”

But his proposed $500 million general obligation bond and $1 billion local vehicle license fee increase would just go to citywide transportation projects, where the city faces $6 billion in capital needs over the next 15 years, according to a task force formed by the mayor.

That’s small comfort for the people of the eastern neighborhoods, who are already ill-served by Muni and will have other needs as well. It’s a situation likely to get worse as the population there increases, unless the city finds a way to make serious new investments.

 

CITY VS. NEIGHBORHOOD

Development impact fees go to the city’s General Fund, paying for the planning work, building inspections, and a share of citywide infrastructure improvements. The problem with that strategy, opponents say, is that there are then no promises that the money will make its way back to the neighborhood that generated the funding in the first place.

Neighborhood advocates see a need to address the problems created by new development by capturing fees before they get to the General Fund. IFDs do just that. Though the nuts and bolts of how an IFD works are complex, the gist is this: Once implemented, an IFD sets up a special area in a neighborhood where a portion of developer impact fees are captured to exclusively fund infrastructure where the development is.

“So the idea that growth should pay for growth was the notion,” Tom Radulovich, executive director of the nonprofit group Livable City, told us. But with money flowing into the General Fund rather than being earmarked for specific neighborhoods, Radulovich said,the infrastructure is going to come much later than the development. (The city) delivers projects slowly, if at all.”

IFDs are largely untested in California, and have only one recent use in San Francisco, on Rincon Hill, where a deal with developers cut by then-Sup. Chris Daly has morphed into an IFD created by his successor, Sup. Jane Kim. The neighborhood will now see new funding, and a new park, as a result of development there.

“This is a HUGE step towards getting the public infrastructure improvements needed to correct livability deficiencies in Rincon Hill,” read a newsletter from the Rincon Hill Neighborhood Association in 2011. “What does this mean for those of us living (here)? It means the Caltrans property at 333 Harrison Street has a short future as a commuter parking lot, because the front portion will become our first neighborhood park.”

The benefits are tangible, but putting an IFD into action is onerous. California Senate documents describe the hurdles involved: The county (or city) needs an infrastructure plan, it must hold public hearings, every local agency that will contribute property tax revenue must approve the plan, and the IFD needs to go to ballot and obtain two-thirds voter approval, a high mountain to climb.

Gov. Jerry Brown has called for lowering the voter threshold for IFDs to 55 percent in his newest budget. The mayor used the governor’s rationale as reason to avoid an IFD for the eastern neighborhoods when speaking on the topic last week. But that may not be his only reason.

“Even if we get the changes that we seek, it’s important to point out that IFDs don’t create more money for our city, they fund specific capital improvements by earmarking money in the General Fund for a particular purpose,” Lee said.

In other words, IFDs take money from a city that is already wrestling with underfunded citywide infrastructure needs. “Earmarking general funds isn’t something that we do lightly,” Lee told Cohen.

But Peter Cohen, co-director of the Council of Community Housing Organizations, put it this way to us: “Should the eastern neighborhoods be the cash cow for the General Fund?”

 

BOOMTOWN

With more than 10,000 housing entitlements, the eastern neighborhoods are where San Francisco will experience its biggest growing pangs.

“The eastern neighborhoods are ground zero for development in San Francisco,” Keith Goldstein, a long time member of the Eastern Neighborhoods Citizens Advisory Committee, told a Nov. 14 Board of Supervisors Government Oversight Committee hearing on the issue.

Sups. Cohen and David Campos spent the majority of the meeting trying to find solutions, but none were forthcoming. Instead they were met with presentations on the neighborhood’s myriad needs, but few on how they would be funded.

Muni is also starved for resources in the area, where the T-line is notorious for its “switchbacks” that leave riders stranded before completing its run.

“This is a topic I’ve advocated a lot,” Sup. Scott Wiener told us. “When you have a growing population, these folks absolutely have to have service.”

At the meeting, Planning Director John Rahaim put the problem simply: “There’s a lack of development fee funding.” The officials that day from the SFMTA, Planning Department, and the Department of Public Works presented plans that relied heavily on state and federal funding to meet the new construction and infrastructure needs, a funding gap of $274 million.

“We’re really struggling to maintain the infrastructure the city has,” Brian Strong, director of capital planning, said at the meeting. “For the General Fund itself, we’re deferring $3.9 billion in capital projects the city deemed high priority. We just don’t have the funds.”

The Mayor’s Office didn’t respond to our questions about how to solve the problem, but Sup. Cohen said she’s hopeful he’ll support an IFD in her district.

“When we introduced the plan five years ago, we knew there was a gap in terms of what we expected to collect. In terms of development impact fees, we’re still in that place,” she told us. “I just want to get shit done.”

One report seems to agree with Cohen on the importance of IFDs. In 2009, a major report on development in the eastern neighborhoods was filed to then-Mayor Gavin Newsom. It recommended the city “commission a consultant study to inform the formation of an IFD,” saying it was the best tool available to fund infrastructure in the eastern districts.

The top signature on the report belonged to then-City Administrator Ed Lee. Now that he’s mayor, a mayor calling for rapid growth, can he find a way to pay for the infrastructure to serve those new residents?

Sugar fix

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A resolution to place a sugary beverage tax on the November ballot was introduced at the Feb. 4 Board of Supervisors meeting.

The two-cents-per-ounce tax would be levied at the point of distribution, with the ultimate goal of reducing the consumption of sodas and other sugary drinks to combat obesity in San Francisco. The tax, sponsored by Supervisors Scott Wiener, Eric Mar, Malia Cohen, John Avalos, and David Chiu, is similar to a resolution made two years ago in Richmond.

But Richmond voters ultimately voted it down by 66 percent, so how’s San Francisco any different?

In 2012, the American Beverage Association hired Chuck Finnie of San Francisco public relations group BMWL and Partners. The association funded the Community Coalition Against Beverage Taxes, which reached out to Latino communities and others, saying it was a tax on the poor.

Now Finnie is back as spokesperson for Stop Unfair Beverage Taxes — Coalition for an Affordable City, here in San Francisco.

“It’s a shallow argument, that it’s a regressive tax on poor people,” said Cohen, a sponsor of the ordinance. “What is it costing poor people? Literally it’s costing them their lives.”

Jeff Ritterman, a cardiologist and former Richmond City Council member, was a lead proponent of the Measure N campaign in 2012. He’s another actor from that campaign who’s back now too, helping the supervisors craft their new strategy.

Last time around they were outspent, Ritterman admits. But campaign money is only one way San Francisco is taking a different tack in the upcoming sugar battle.

The supervisors are also proposing to dedicate the estimated $30 million in revenue that the tax will generate to a specific purpose. The funding would be divided between the SFUSD, the Department of Public Health, and the Recreation and Park Department for a mix of outdoor activities and nutrition education. In contrast, Measure N left allocation of new funding open-ended.

In Richmond, “they told people on the telephone I’d use it for trips around the world. It got as crazy as that,” Ritterman said. “You get more support when you show you’ll use it for children’s health and physical activity.”

Since the use of tax funds collected was a major concern for Finnie’s group last time around, now that it’s been addressed he should be happy, right?

“No,” Finnie told the Guardian, flatly. “We disagree that singling out sugar sweetened beverages for special taxation has any merit whatsoever.” 

SFMTA approves tech shuttle plan

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The San Francisco Municipal Transportation Agency Board of Directors approved a pilot program Jan. 21 that allows operators of private commuter shuttles to use public bus stops, something they’ve been doing illegally for years on a very predictable basis.

The program will establish an “approved network” of 200 designated San Francisco stops where private shuttles may pick up and drop off passengers. It will issue permits and identifying placards to the private buses and require them to adhere to certain set of rules, like yielding to Muni buses if they approach the stop at the same time. (There’s already a Curb Priority Law stating that any vehicles not operated by Muni will be fined $271 for blocking a bus zone. But the city has chosen to ignore that law when it comes to private commuter shuttles.)

Finally, the program will charge shuttle operators $1 per stop per day, which seeks to cover the costs of the program implementation and no more. The meeting drew a very high turnout that included the protesters who have been blockading the buses, Google employees, private commuter shuttle drivers, and residents of various San Francisco neighborhoods.

Sup. Scott Wiener said at the meeting he was fully supportive of the pilot program, which was developed over the course of many months in collaboration with tech companies who operate the shuttles.

“These shuttles are providing a valuable service,” Wiener said. He said he was sensitive to widespread “frustration and anxiety” around the high cost of housing and rising evictions, but thought it was unfair to blame tech workers: “We need to stop demonizing these shuttles and these tech workers.”

Then Sup. David Campos addressed the board. “I think it’s really important for us to have a dialogue to find common ground,” Campos said, adding that pushing shuttle riders into private automobiles was not a good outcome. But he also urged the SFMTA board to send the proposal back to the drawing board: “It’s a proposal that simply does not go far enough.”

Campos was also critical of the SFMTA’s process of studying the growing private shuttle problem for years and drafting a proposal in collaboration with members of the tech community, with Campos pointing out, “Public input is being sought after the fact.”

Bus plan ignores real cost

Many community members have criticized the new $1 per stop tech shuttle fee as being too low, but city officials say their hands are tied by a state law prohibiting them from charging any more than that.

Yet under Proposition 218 — the state law that limits local governments’ ability to impose new fees — the city has more discretion about how to calculate “cost recovery” than officials have let on.

“Prop. 218 is part of a legal scheme that doesn’t so much limit how we calculate cost recovery,” San Francisco City Attorney’s Office spokesperson Gabriel Zitrin told us, “but limits the city to cost recovery.”

At the Jan. 21 SFMTA meeting, Project Manager Carli Paine explained how her team had arrived at the $1 per stop, per day fee amount.

“We identified everything it would take to implement this program,” Paine said. After identifying all the program components, the agency “took the number of stop events and came up with a ‘per stop event’ cost…The kinds of costs we included are upfront costs, ongoing program costs.”

Under Prop. 218, however, the SFMTA could determine whether there are other costs associated with allowing private commuter shuttles to use public transportation infrastructure, beyond just the cost of issuing and enforcing permits and placards.

Zitrin said the city can identify any costs not already being recovered elsewhere. If shuttles’ use of public bus stops cause transit delays, for instance, what are the costs associated with those delays? More overtime pay for bus drivers?

Low-income kids getting to school late and missing breakfast? What’s the cost of that?

If rents rise in neighborhoods located along the shuttle routes (and studies show they do), what are the associated costs of that phenomenon? What’s the cost of displacement resulting from those higher rents?

SFMTA Board approves tech shuttle plan

The San Francisco Municipal Transportation Agency Board of directors approved a pilot program today that allows operators of private commuter shuttles to use public bus stops, something they’ve been doing illegally for years on a very predictable basis.

The program will establish an “approved network” of 200 designated San Francisco stops where private shuttles may pick up and drop off passengers. It will issue permits and identifying placards to the private buses and require them to adhere to certain set of rules, like yielding to Muni buses if they approach the stop at the same time. (There’s already a Curb Priority Law stating that any vehicles not operated by Muni will be fined $271 for blocking a bus zone. But the city has chosen to ignore that law when it comes to private commuter shuttles.)

Finally, the program will charge shuttle operators $1 per stop per day, which covers the costs of the program implementation and no more.

The meeting drew a very high turnout that included the protesters who have been blockading the buses, Google employees, private commuter shuttle drivers, and residents of various San Francisco neighborhoods.

Sup. Scott Wiener spoke at the beginning of the meeting, saying he was fully supportive of the pilot program, which was developed over the course of many months in collaboration with tech companies who operate the shuttles.

“These shuttles are providing a valuable service,” Wiener said. He said he was sensitive to widespread “frustration and anxiety” around the high cost of housing and rising evictions, but thought it was unfair to blame tech workers. “We need to stop demonizing these shuttles and these tech workers,” Wiener said.

Then Sup. David Campos addressed the board. “I think it’s really important for us to have a dialogue to find common ground,” Campos said, adding that pushing shuttle riders into private automobiles was not a good outcome. But he also urged the SFMTA board to send the proposal back to the drawing board. “It’s a proposal that simply does not go far enough,” he said.

Campos was also critical of the SFMTA’s process of studying the growing private shuttle problem for years, drafting a proposal in collaboration with members of the tech community, and waiting until the eleventh hour once the plan had already been formulated to seek comment from community members who are impacted.

“Public input is being sought after the fact,” he said.

That feeling of being frozen out of the process was echoed in comments voiced throughout the public comment session, which went on for hours.

“I’m opposed to the $1 charge,” one woman said. “I believe it’s way, way, way too low.” She told a story of receiving a ticket for being parked in a bus zone very briefly. “It wasn’t a $1 ticket,” she said.

Another woman, who said she was born and raised in SF, said she’d been riding Muni since she was in diapers. “It makes me really sad that we have regional shuttles and corporations that are saying, you can’t just fix that system, we’re going to go around it,” she said. She urged members of the transit agency board to find a better system that would work for everyone, “because you are in charge.”

A Google employee told board directors that she is very pleased that the shuttles have made it possible for her to live in San Francisco. “Not everyone at Google is a billionaire,” she said. “Ten years after the fact I am still paying my student loans. This is a choice, I know, to live in San Francisco and commute to Mountainview. But I wouldn’t have it any other way.”

Her perspective, however, came in sharp contrast to that of Roberto Hernandez, who spoke on behalf of Our Mission No Eviction and said he was worried that displacement caused by rising rents have forced many members of his community to move to the East Bay.

Hernandez also brought up a little-known consequence of transit delays caused by private shuttle buses.

In the elementary schools near 24th Street in the Mission, he said, “They have the breakfast program for people who are low-income. So if you show up late, you don’t get breakfast.”

Here’s Hernandez addressing the SFMTA board members.

In the end, the transit directors approved the pilot with very little discussion. “At the end of the day, this is before us as a transit issue,” said board member Malcolm Heinicke. “And we’re better with something than nothing.”

Protect pedestrians

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More than 50 public commenters spoke at the Jan. 16 joint Police Commission and Board of Supervisors Neighborhood Services and Safety Committee meeting, and all sounded one message loud and clear: Drivers can maim and kill pedestrians with near impunity in San Francisco, and that must end.

"I’m here very simply to urge you to end the carnage on our streets," said Natalie Burdick of the nonprofit Walk SF. "These crimes cost the city millions annually, and untold value in terms of squandered human capital."

Pedestrian deaths reached a high last year, with 21 killed in traffic collisions. Sup. Eric Mar highlighted the lack of funding in Mayor Ed Lee’s Pedestrian Strategy, which has a funding gap of $5-18 million. But SFPD’s failure to cite motorists was the main criticism.

"The fact is these statistics have been consistent that two-thirds of pedestrian accidents are the fault of the driver," Sup. Scott Wiener said at the outset of the meeting. "It’s the fact of the situation."

Manhattanization revisited

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joe@sfbg.com

The housing crisis is spurring pro-development arguments that threaten to hasten the “Manhattanization of San Francisco,” a buzzphrase from another era that led to local controls on high-rise development.

The city is getting richer and less diverse, and the unaddressed displacement of longtime residents has fueled populist outrage. Now, politicians are finally getting the message, but some are offering solutions that may reopen old civic wounds.

They say that the answer to the housing affordability crisis is to build massive amounts of new housing, and to build it higher and more densely than city codes and processes currently allow.

Sup. Scott Wiener wrote a scathing indictment of the city’s alleged aversion to housing production in the San Francisco Chronicle on Jan. 13, slamming a planning process that he says slows necessary construction.

“This disconnect — saying that we need more housing while arbitrarily finding reasons to kill or water down projects that provide that housing — is having profound effects on our city and its beautiful diversity, economic and otherwise,” Wiener wrote.

Though he mentioned affordable housing, the need to build all kinds of housing was the crux of his argument. It’s the same kind of developer-friendly rhetoric that whips people into a frenzy with faux common sense: build more, and the market will take care of everyone.

But there are flaws to that simplistic argument. Housing advocates (and Guardian editorials) have long argued that market rate units — the median price of which just surpassed $1 million — don’t trickle down to maintain the city’s economic diversity. More supply may help, but with insatiable demand for housing here, it won’t help much with affordability for the working class.

The next day, Wiener introduced legislation to loosen density requirements when developers build below-market-rate housing units on site, creating an incentive to build more of the units that affordable housing advocates say are most valuable.

“Long term, I’m concerned about young persons that can come here,” he told the Guardian. “It’s not just about building more housing.”

Pushing a pro-development agenda while playing lip service to an affordable housing push is all the rage in San Francisco nowadays, with Mayor Ed Lee calling for building 30,000 new housing units by 2020, supporting the rapid growth calls by SPUR, Housing Action Coalition, and other pro-growth groups.

But Peter Cohen, co-director of the Council of Community Housing Organizations, says supply and demand logic doesn’t apply to the San Francisco housing market for a number of reasons.

He pointed to a paper by CCHO cohort Calvin Welch, who teaches a class on the politics of housing development at USF and SFSU. Welch cites data from the City Controller’s Office showing that when San Francisco increases supply, the market responds by raising the average housing price. Contrary to all the supply and demand claims, when we produce more, things get more expensive.

Why?

“In classic economic theory prices are set by supply and demand only when the market is ‘competitive’ when neither consumers nor suppliers have the ‘market power’ to set the price by themselves,” Welch wrote. “Clearly, that is not the case in San Francisco…of the City’s 47 square miles, only 13 square miles is available for housing uses.”

“There is no ‘free land’ in San Francisco,” he wrote. “The owners have total ‘market power’ over its price.”

But that’s the kind of complex argument that has a tough time penetrating the public consciousness. The idea isn’t as catchy as “supply and demand.”

“I think frankly this whole thing about build, build, build — it’s an easy answer to something that’s complex,” Cohen told us. “It resonates. It sounds like the easy path to sound like you know what you’re talking about.”

That simplistic thinking is dangerous, though, because San Francisco is quickly becoming Manhattanized. Since 2002, New York City Mayor Michael Bloomberg rezoned over 37 percent of New York City, according to The New York Times, causing the construction frenzy many are seeking for San Francisco.

Bloomberg added 40,000 buildings in his time as mayor, but that boom had mixed results. It arguably hastened the Big Apple’s gentrification, especially in Manhattan, one of the few US locales denser than San Francisco.

From 2000 to 2010, Manhattan’s ranks of white people swelled by 58,000. During the same period, the wealthy home of Wall Street lost 29,000 African Americans and 14,000 Latinos. More alarming is the income disparity there.

From 1990 to 2010, the city that never sleeps, and its neighborhoods, increasingly became a land of have and have-nots. Census maps showed that while 1990 Manhattan had economic diversity, now the median income hovers over $75,000 for most blocks of that famous borough.

Articles from the Times and NYC-based housing advocacy organizations frequently describe Manhattan as a haven of wealthy white yuppies. Sound familiar?

San Francisco is quickly following suit. The same census maps that show the swell of wealth in Manhattan show a swell of wealthy folk in San Francisco.

BMR housing set-asides help, and Mayor Lee has promised to ramp up BMR production, calling for about 10,000 units by the year 2020. But any serious increase in housing production carries its own cost in a city where public transit and other vital infrastructure are already underfunded and would need serious new investments.

In his Jan. 17 State of the City speech, Mayor Lee warned against demonizing the tech industry or with pitting one group against another. “San Francisco changes us more than any group of newcomers will change San Francisco,” he said to the invite-only crowd.

The difference now is the wealth that threatens to gentrify San Francisco’s weird soul, the one we’ve hung onto since a man named Joshua Norton declared himself Emperor of the United States and was hailed as a San Franciscan icon.

“Manhattanization” is not just a buzz term or a scare tactic: It’s representative of a specific set of zoning and construction policies that many San Franciscans are now advocating for, which will change the demographics and politics of this city, whether we like it or not.

San Francisco’s chief economist addresses supply and demand in terms of housing — it’d take over 100,000 new housing units to make a dent in housing prices in San Francisco.

SFUSD backs supervisors’ sugary beverage tax, with concerns

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A San Francisco ballot initiative to levy a tax on sugary beverages got a boost last night as the San Francisco Unified School District Board of Education voted 5-2 to endorse it.

“The school district has done amazing work around nutrition for kids,” said Supervisor Scott Wiener, one of the initiative’s authors, shortly after the meeting. “This is a big win.” 

The initiative is proposed by Supervisors Mar, Wiener, Cohen and Avalos, and is estimated to generate up to $31 million annually, according to data from the supervisors, but its main aim is to curb the consumption of beverages they believe contributes to obesity in San Franciscans. The supervisors will be introducing a final, unified measure at the Board of Supervisors in the coming weeks, they said. 

Advocates at the meeting said sugary drinks contribute to a crisis in children’s health. “Our community suffers some of the highest rates of diabetes and hospitalizations from diabetes,” said Roberto Vargas, a Bayview resident and Mission high graduate of 1989. “I ask you to support these policies for San Francisco’s children, and San Francisco’s families.”

The resolution to support the tax initiative passed, but not easily. The ensuing argument may even have given a peek inside the mayor’s insecurities around the upcoming November ballot.

Commissioner Hydra Mendoza McDonald, who works in the Mayor’s Office as his education advisor, thought backing the “soda tax” could put a ballot initiative regarding SFUSD funding in jeopardy. 

“I don’t have a political or personal agenda, but I think we’d be remiss if we didn’t think this would be a political fight,” Mendoza McDonald said. “I have a tremendous amount of respect for Supervisor Wiener… but I have to say my priority right now is the public education enrichment fund, and that’s it.”

She’s referring to the city’s supplemental funding to the school district, PEEF, which the SFUSD depends on to pay for over 50 librarians, 200 PE coaches and more. That fund is about to sunset in 2015 — meaning no more money for the SFUSD from the city. In the 2013-2014 fiscal year, the city is set to provide the SFUSD over $50 million.

A ballot initiative is slated for November that would renew the PEEF funding agreement. That’s a lot of money at stake. 

Mendoza McDonald expressed fear that support of the soda tax would put the SFUSD in the crosshairs of Wiener and Mar’s deep-pocketed opponents, the beverage industry. 

“It makes me nervous,” she said. “It’s in everyone’s mind a slam dunk to pass the (PEEF funding initiative)…People have voted time and time again for children’s issues. But in every single measure, we’ve cleared the field and made sure we haven’t had any opposition, and that’s what makes us successful. I’m worried if the people who have historically supported us would do so again knowing there’s a bigger pot of money going against us.”

This 13 minute audio recording features some of the main arguments made against backing the sugary beverages tax initative. 

The board then asked Wiener to respond.

“If I could be blunt, the arguments that I’m hearing from people not comfortable supporting this are going to be the same in June as they are today,” Wiener said. “The idea that this would generate a campaign against the Children’s Fund and PEEF, has no basis, with respect. This is about the sugary beverage industry.”

“In San Francisco we don’t shy away from big business trying to threaten us,” he added.

Ultimately the board voted to back the sugary beverage tax initiative. Its reasons were many. Some commissioners described the early onset of puberty children are facing due to the effects of sugary drinks, others brought up the growing rates of obesity in children. 

They all echoed the sentiment that the benefits of supporting the resolution outweighed the risks. Commissioner Rachel Norton probably echoed their myriad positions most succinctly. 

“I have no idea whether this legislation will ultimately pass at the ballot box, but I think what’s important is that we support this resolution,” she said. “This is the right thing to do, and be fearless about.”

Got pests? Open data project reveals housing code violation data

Thanks to a handy new online platform created by the city’s Department of Public Health, in collaboration with the Mayor’s Office of Civic Innovation and Code for America, you can now determine whether the rental you’re eyeing is moldy, pest-ridden, or otherwise hazardous to your health – before signing a lease.

Investigating a potential landlord’s track record is just one application for the House Facts data set, an open data tool rolled out six months ago that instantly provides building owners’ names, code violation data, property assessment information and other relevant information associated with San Francisco addresses, all in one place.

Let’s say, for example, you were contemplating paying $1,650 a month to inhabit a 300-square-foot studio, right in the center of the Tenderloin. Now there’s a bargain in a red hot housing market! 

But before you get all excited and drain your bank account to plunk down a security deposit, surf on over to HouseFacts and punch in the building address. With this simple search, you might discover that this building has undergone inspection by city agencies a grand total of 73 times, most recently 11 months ago, with a total of 23 violations recorded.

Skim the list of violations and you’ll notice the words “rodents,” “insects,” “unsanitary conditions,” and even (big red flag here!) “biohazards (human feces).”

As they say, knowledge is power.

To be fair, some of those violations were recorded practically an eternity ago, and things could well have been cleaned up since – but having instant access to these track records could prove to be a check against negligent landlords.

 

A map of housing inspection data prepared by DPH.

The initiative to develop a uniform format and open platform for San Francisco housing inspection data was spearheaded under the environmental health division of the Department of Public Health in collaboration with city government’s growing tech innovation wing, and it’s now being emulated by several other cities nationwide.

DPH’s former Environmental Health Director, Dr. Rajiv Bhatia – who recently resigned after being targeted with a mysterious investigation that resulted in no findings of misconduct – was instrumental in advancing the open-data project under the Program on Health, Equity and Sustainability.

“We decided releasing this data would have the potential to improve government regulation,” notes Cyndy Comerford, manager of planning and fiscal policy in the environmental health division, who’s continued to move it forward since Bhatia’s departure. “Within San Francisco, there are many people who live in dilapidated and poor housing.” 

Residences plagued with rodents, cockroach infestations, lead, or mold present higher risks for health afflictions, such as allergies, respiratory conditions or cancer.

The enhanced transparency can strengthen code compliance and lead to an overall reduction in medical costs for preventable conditions, Comerford said.

Slumlords, beware: The tool has also been implemented at a time when the city is signaling that more aggressive code enforcement is on the horizon.

At the Jan. 7 Board of Supervisors meeting, Sups. Scott Wiener and Malia Cohen called for a hearing to get a better handle on building code enforcement.

“There’s not really any clear procedure for when these cases are closed, or how they’re closed,” said Jeff Cretan, a legislative aide for Sup. Scott Wiener.

“Our complicated code inspection system lacks sufficient coordination and communication among the different departments,” Wiener noted in a statement. “In addition, departments sometimes appear to be reluctant to pursue enforcement due to budget concerns.”

While the health department’s actions seem geared toward preventing ailments arising from poor housing conditions, the supervisors’ effort seems to stem from a quality-of-life concern. Cretan said his office regularly receives complaints from “really wired-in, aggressive Noe Valley neighbors.” He added, “People will call because they’re worried about hoarders.”

Protect pedestrians, crack down on red light runners

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It’s good to see City Hall finally focusing on pedestrian safety in San Francisco, where the streets are more dangerous than ever for their most vulnerable users, with the number of pedestrians and cyclists killed by motorists spiking last year.

Better streetscape design is part of the solution, and the advocacy group WalkSF will be holding the latest in its series of focus groups this Saturday seeking solutions to the problem. It is working with city agencies on a program called WalkFirst to address the issue.

But there’s another solution that’s even more obvious and immediate, and Sup. Scott Wiener hit on it at yesterday’s Board of Supervisors meeting when he said (according to the Examiner), “It’s remarkable how little traffic enforcement we have…I’ve never been in a place with less traffic enforcement than in this city.”

Actually, it isn’t that the San Francisco Police Department doesn’t do traffic enforcement, as we learned this fall when officers pulled over dozens of cyclists slowly cruising through stop signs on the Wiggle. The problem is that SFPD ignores the most obvious and dangerous violations: motorists running red lights and otherwise driving recklessly.

Everyday on my commute home up Market Street, I see at least three anxious drivers running red lights. Everyday! This morning, on my way to work, a driver ran a red light right in front of an SFPD cruiser, and that officer ignored it. These drivers are speeding up within reach of pedestrians, who often wrongly assume green means they are safe to cross.

So drivers need to take a breath and realize the seconds they save isn’t worth the risk they’re taking with other people’s lives. And the SFPD needs to ticket more of these drivers and start sending the message that such selfishness won’t be tolerated.  

SF Board of Supervisors approves new tenant protections

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The Board of Supervisors today (Tues/17) gave unanimous final approval to legislation aimed at giving renters in the city additional protections against being displaced by real estate speculators, and initial approval to legislation protecting tenants from harassment by landlords, both part of a wave of reforms moving through City Hall to address rising populist concerns about gentrification and evictions.

The anti-eviction legislation, created by Sup. John Avalos and co-sponsored by Sups. Eric Mar and David Campos, seeks to preserve rent-controlled and affordable housing by restricting property-owners’ abilities to demolish, merge, and convert housing units, three of the most common ways that affordable housing units are being eliminated in the city.

There was no discussion of the Avalos legislation today as it was approved on second reading, belying last week’s initial discussion, which got a little heated at times. “San Francisco is facing a crisis,” Avalos said last week as he conveyed the importance of passing the ordinance before the end of the year. “We’ve been called on by our constituents to declare a state of emergency for renters in the city.”

Last month, Campos held a high-profile hearing at the board on the city’s affordable housing and eviction crisis, and won approval for his legislation to double how much tenants being evicted under the Ellis Act receive. Today’s board meeting also includes a first reading of legislation by Campos to help protect tenants in rent-controlled apartments from being harassed by landlords seeking to force them out and increasing rents.

“We have heard about tenants being locked out of their apartments. We have heard about loud construction work being done…for the purpose of forcing the tenants out,” Campos said today of his legislation to allow targetted tenants to have complaints heard by the Rent Board rather than having to file a lawsuit. Later, Campos said the legislation sends the message “that is not something that is going to be tolerated in San Francisco.”

Campos’ legislation also received unanimous approval and little discussion, even by supervisors who generally side with landlords over tenants, perhaps including just more potent this issue has become. Board President David Chiu also today introduced a resolution to support his work with Mayor Ed Lee and Sen. Mark Leno to amend the Ellis Act at the state level, hoping to give the city more control over its rent-controlled housing. 

Avalos last week said he is so convinced of the urgency of the current situation that he responded to concerns voiced during the Land Use and Economic Development Committee Meeting on Dec. 9 about how the new legislation would work in the cases of temporary evictions and residential hotels by immediately making amendments to the ordinance without objection.

Nonetheless, further questions arose during the Dec. 10 meeting. Sups. Norman Yee and Katy Tang expressed reservations about the legislation applying in the case of owner move-in (OMI) evictions.

“I would love to support the piece, but this part just doesn’t make sense to me,” Yee concluded. “I’m not getting how it hurts the tenants.”

While Avalos explained that OMI evictions still take affordable housing off the market, he agreed to compromise by reducing the ordinance’s 10-year moratorium on demolishing, merging and converting housing units to five years.

Then, Sup. London Breed spoke up.

“This might not be popular for me to say as a legislator, but I’m very confused,” she began. “I know we have this crisis of Ellis Acts around the city, but I really feel pressured, and that this legislation is being rushed. I can’t support something that I don’t completely understand the impacts of. I just need more time.”

While Breed did not have the chance to review the legislation before the meeting, she had found the time to prepare speeches about President Nelson Mandela’s passing last week and her alma mater Galileo High School’s recent football victory.

Concurring with Breed, Cohen stated, “I understand that we are in a crisis of protecting our rental stock units, but I’m hesitant. Connect the dots for me, how does this save rentals? Or conserve affordable housing? What are we trying to do here?”

Kim reprimanded her fellow board members for not attending the meeting prepared, then stated, “I would support moving the ordinance forward today. The situation we are facing here in the city is extremely challenging…and this legislation is one of the tools we have for it.”

Sup. Scott Wiener and David Chiu echoed Kim’s support, commending Avalos for promptly addressing their former issues with his amendments and additions.

When Cohen used her time on the floor to respond to Kim’s admonition by stating, “I certainly do my homework. I don’t want to be made to feel bad for not getting it on the first time,” Campos suggested that it might be a good time to put the discussion on hold and open the floor for public comments.

While members of the community stepped up to the visitors’ podium, Yee and Campos met at the back of the room while Breed conversed with Sophie Hayward of the Planning Department, who had reviewed the ordinance before it was presented for recommendations. After further discussion with Avalos himself, Yee returned to his seat to speak with Tang. Satisfied with what she learned from Hayward, Breed came over to discuss the ordinance with Campos and Avalos. Cohen remained seated for the duration of the time, speaking with no one.

After the conclusion of public comments, Avalos reiterated the importance of passing the ordinance as soon as possible. “We have been called on by scores, hundreds of people, to preserve this stock,” he stated. “This legislation will help keep families in San Francisco.”

The ordinance was passed unanimously in its first reading, but the fight is not over. Breed for one made it clear that, while she understood the ordinance better after her preceding discussions, she was only giving it her support because she knew the legislation would be up for further review in a week, when all the supervisors will have had time to study it more closely.

With the affordable housing and displacement issues only generating more heat in the last week, today there was only prompt, unanimous approval and no discussion.