Wiener

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. 

Why I oppose closing our parks

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OPINION I have great respect for Recreation & Park General Manager Phil Ginsburg, my colleague Sup. Scott Wiener, and my constituents and friends who support the parks closure legislation. I certainly share their concerns about damage to our parks. But I do not think this law is the appropriate means to address it.

I have six fundamental problems with the legislation.

My first concern is the impact this could have on our neighborhoods. There are an estimated 7,350 homeless youth and adults in San Francisco. Many find a shelter bed; some wind up in jail or a hospital. Over 4,300 people, though, have nowhere to sleep.

As the supervisor for District 5, it would be irresponsible for me not to think about this, not to consider what will happen if homeless people are evicted from the parks and wind up sleeping on the doorsteps of my constituents in the Haight, Inner Sunset, or Buena Vista. This would be unjust for the homeless and worse for the neighborhoods.

Second, we have an enforcement problem, not a regulation problem. The Park Code already prohibits: camping, sleeping between 8pm-8am, dumping, drinking (in most parks), being under the influence, damaging the parks, or making loud, “unreasonable” noises.

Unfortunately, at night there are only two or three park patrol officers on the beat for all 220 parks across 3,500 acres.

We can’t enforce the codes we have. Rather than adding a broad, redundant code, I would like targeted improvements to the codes and their enforcement.

Third, it could cost more to enforce this law than we would actually save. Vandalism is distributed all over the park system and does not all occur between midnight and 5am. A dramatic increase in officers could decrease vandalism, but that would cost more than any savings realized.

Fourth, I am sympathetic to the almost-Libertarian argument made by some constituents that: “My tax dollars pay for those parks and if I want to use them at 4am, that is my prerogative.”

Firefighters and others who work late shifts should be allowed to walk their dogs in the park when they get off work. Whenever I raise this point, I am told by the law’s supporters, “Oh it won’t be enforced against them.”

This is exactly the problem, and my fifth concern — that this law will be selectively enforced. If it’s not intended to target the homeless, the firefighter, or the well-groomed neighbor, who is the law designed to target? Suspicious looking people? Teenagers? Young men in hooded sweatshirts?

Lastly, I think there are perfectly legitimate reasons to use the parks at night, and I don’t think our government should be admonishing us otherwise.

Acts can be criminal. Vandalism, dumping, drug use — those are acts. I am not comfortable preemptively criminalizing a person’s presence, or everyone’s presence, in order to deter the few who commit those acts. I am not comfortable limiting everyone’s freedom in order to deter those who abuse that freedom.

But frankly, I am also not comfortable with how politically charged the issue of homelessness has become in San Francisco. Whether this particular law passes or fails, 7,350 people will wake up tomorrow morning not knowing where they will sleep tomorrow night.

We must be creative, unconventional. For example, we could repurpose fallow city buildings as temporary shelters. Would this idea be received as an opportunity or an insult? I hope the former, but I suspect the latter.

We have a political climate in this city which, for a variety of reasons, seems to default to the status quo on homelessness. Well, we need change. We need to acknowledge that not every call for service is a “handout,” nor every call for enforcement a “criminalization.”

Relegating 4,300 people to a cold spot of concrete or grass every night is not compassion; working creatively to change it is not malice. It is leadership. And it is exactly what we need.

London Breed is the District 5 supervisor. The board was scheduled to make its first of two votes on Wiener’s legislation Nov. 5 after our press time. Visit www.sfbg.com/politics for the latest.

Making it fit

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joe@sfbg.com

San Francisco’s overheating housing market has polarized the city. While progressive activists push to protect rent-controlled apartments and encourage construction of new below-market-rate housing, moderates, Realtors, and developers say any new housing helps keep prices in check, calling on the city to build 5,000 units per year.

But there is a hidden side to the housing issue in San Francisco, one that offers both complex challenges and enormous potential as a source of housing for low-income city residents, and it’s getting a fresh look with desperate eyes.

Secondary units — also known as granny flats or in-law housing — dot the city by the thousands, and are for the most part illegal. They’re tucked behind garages, in basements, or in backyards, most of them single serving sized and largely ignored.

Such units are legal under California law, and the reasons they’re quasi-legal in San Francisco are complex. It mostly boils down to the fact that often these units aren’t up to Building or Planning codes, but there have also been decisions to deliberately limit density in some neighborhoods, sometimes driven by concerns about more competition for street parking spaces.

Tenants in such units can be reluctant to report housing code violations for fear of losing cheap apartments in this rapidly gentrifying city, even if that means living in substandard housing. And the owners of those units often can’t afford to bring them up to code or pay the fines. It remains an underground industry with few watchdogs.

Caught between conflicting realities of housing shortages, poverty, and safety, the city has largely turned a blind eye to in-law units, adopting what housing advocates call a “don’t ask, don’t tell” policy around inspecting in-law units. Now that may change.

Board of Supervisors President David Chiu and Sup. Scott Wiener have plans in the works that could spur development of secondary units in the city. San Francisco has been there and done that though, and the bodies of failed past granny flat campaigns litter the political wasteland.

“In-law legalization has been for a lot of housing advocates the holy grail, but for a lot of politicians, it’s been a third rail,” said Tom Radulovich, executive director of Livable City, a nonprofit group that advocates for a more walkable, livable San Francisco.

Despite the many failed jump starts over the years, Radulovich sees hope in the prospects of legalizing more secondary units because “it’s a good, cheap, and green way to add housing.”

 

BUILD SMALL

So what’s different now? First off, unlike past efforts, the politicians involved are taking some small but significant steps.

Wiener’s plan could directly spur the creation of new secondary units, but it’s limited to only the Castro District. It basically lifts caps on the number of units that can be built in a single residence, waiving some density and other Planning Code requirements.

Wiener views his plan as a pilot program. “I decided to try a more limited geographic area to show that it can work,” he told us, saying that the past failed campaigns tried to force the issue citywide.

The Castro is a prime candidate for more affordable housing. The neighborhood has many tenants who are single, Wiener said. And as gentrification slammed the Castro, the vulnerable were hurt as well. Jeremy Mykaels, a 17-year Castro tenant living with AIDS, recently fought back an Ellis Act eviction that would have cost him his home.

“I am not looking for pity,” Mykaels wrote on his website, addressing his eviction. “I just want to shed a light on a growing problem in this city for many senior and disabled tenants like myself.”

Wiener’s office declined to say how many secondary units could be built. But as he introduced the legislation to the Board of Supervisors on Oct. 22, he said that many longtime residents in the Castro, in terms of housing, “are living on the edge.”

Castro residents like Mykaels have lived under rent control for years, and once folks like him are pushed out, they often can’t afford to stay in the city.

Fair market rent in the Castro for a two-bedroom apartment is $3,295 a month, according to the Department of Public Health. According to its rental affordability map, a tenant would need 6.2 full-time minimum wage jobs to afford to live there.

“It’s a neighborhood in desperate need of additional housing options,” Wiener said.

Enter in-law units, which are often more affordable. Though there have been no citywide studies of their affordability, a study this year by the Asian Law Caucus, “Our Hidden Communities,” said the average cost of those units in the Excelsior neighborhood is between $1,000–$1,249 a month, way below average rents.

Wiener’s legislation was turned over to the Land Use and Economic Development Committee, where it will be evaluated for impacts to the neighborhood. The supervisors will hear it again in 30 days.

 

GO BIG

One housing advocate thinks Wiener is thinking too small and needs to expand his vision.

“I think Wiener’s proposal is creating a patchwork of regulation, but this will create a mess, which the board is accomplished at doing,” Saul Bloom, head of Arc Ecology, told the Guardian. He thinks a citywide proposal to legalize in-law units is the only way go to — because the city is in a housing crisis right now, he said, and we don’t have time for just a pilot.

One big advantage is the units are far cheaper to construct than traditional houses or condominiums. Bloom notes the Lennar Urban will be spending about $400,000 for each of the thousands of homes it will build at Hunters Point Shipyard and surrounding areas, but that small secondary units can be built in existing neighborhoods for $75,000 to $200,000 each.

“We’re not expanding units in affordable housing through existing strategies,” Bloom said, and he’s right.

San Francisco has mostly built about 1,500 new housing units a year, which is much less than needed to keep up with demand, according to San Francisco Planning and Urban Research Association (SPUR) and the Housing Action Coalition.

To keep up with the frantic demand, San Francisco would need to build 5,000 new units a year, the groups argue. If the city could keep up with demand for housing, the price of housing itself could go down — meaning lower rents for everyone.

“If we want to actually make the city affordable for most people — a place where a young person or an immigrant can move to pursue their dreams, a place a parent can raise kids and not have to spend every minute at work — we have to fix the supply problem,” SPUR Executive Director Gabriel Metcalf wrote in a recent article for The Atlantic (“The San Francisco Exodus,” Oct. 14).

Yet progressive housing activists have long said that the city can’t build its way to affordability, arguing that demand for market rate units is essentially insatiable, and that what the city needs to do is build housing specifically for low-income residents.

Bloom put out a study from Arc Ecology, suggesting that if just 5 percent of the city’s 100,000 single family homes converted their excess space into in-law units, an additional 5,000 affordable rentals would spread across town.

Wiener’s proposal looks at making new units in just a slice of the city, but another proposal will look at the issue citywide. Chiu’s legislation seeks to take that sea of hidden and unlawful granny flats and bring them up to code, but it wouldn’t look to build new ones.

“The big picture is that we’re exploring legalizing existing [in-law] units that are illegal, to make sure they become safe and protect residents there,” said Amy Chan, an aide in Chiu’s office.

 

UP TO CODE

Safety isn’t the only consideration, as this could also help the housing supply in the city, those involved told the Guardian. Often these in-law units are rented out to friends and family, and once up to code they’d open up to the market.

But safety is important because these units also often lack city permits because they’re dangerously constructed. Sometimes that can lead to death.

“A lot of time (the units) may not have proper egress for an emergency,” said Dan Lowrey, deputy director of inspection services at the Department of Building Inspection. “We just had a fire last month where three people died because of that.”

Lowrey is part of Chiu’s workgroup that’s navigating the complexities of his new legislation. Just how do you make these units legal? There’s a number of challenges, he said.

When looking at a unit, housing inspectors have a checklist to look through, and some of it is real garden variety stuff. Smoke detectors? Check. Proper floor covering? Check. Those are easy. The real challenge is when there are ceilings that are too low, hallways not wide enough to navigate in an emergency, or the unit has no windows from which to escape in a fire.

That’s when you have an in-law apartment that requires total reconstruction to be brought up to code, a straight up illegal unit. As the law stands now, the only recourse for the city in that case is to evict the people living there.

“That’s the challenge, what do we do with the [in-law apartments] that can’t be legalized?” said Bill Strawn, a spokesperson for DBI. Those are some of the questions that Chiu’s workgroup is tackling now.

The good news, he said, is that there are a good number of units that are up to the Building Code, but not the Planning Code — that’s a much easier hurdle to clear.

The Planning Code basically separates neighborhoods of the city into zones for one, two, or three families in a housing unit. This looks at the amount of available free space, sunlight, air, and parking. With those lifted, many units could be more easily converted to living use.

But finding the units that aren’t up to code is important, said Omar Calimbas, a senior staff attorney at the Asian Law Caucus.

He led the “Our Hidden Communities” study that revealed 33 percent of homes in the Excelsior district contained in-law units, far above the city’s estimates.

His team went door to door and found out for itself. What Calimbas saw was that those living in unregulated units often lived in substandard conditions with nowhere to go for help.

There are some units with no heating, he said. Other times the in-law unit is in a basement barely renovated for use as a living space. Sometimes the bathrooms and shower are really tiny cubes. There are mold and dampness problems.

“You’re living in a space that doesn’t make you feel protected from the elements,” he said. And when the units are made without permits, tenants feel they can’t go to the city for help.

To put it in a nutshell, they are in dire need of regulation. Calimbas is also working with Chiu on his legislation to do just that. But ultimately, each of the two ordinances around secondary units takes small bites out of the housing pie.

Bloom is calling for the city to move aggressively on this issue. “We’re rapidly becoming a more expensive city to live in, more and more so every year.” As more and more San Franciscans are priced out of their homes, time may soon run out.

UPDATED: Board narrowly approves closing city parks at night

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The San Francisco Board of Supervisors today narrowly approved Sup. Scott Wiener’s legislation to close parks and large plazas from midnight to 5am, a measure that Wiener said was about preventing vandalism but which progressive activists called an attack on the homeless.

The vote was 6-5, with Sups. John Avalos, London Breed, David Campos, Jane Kim, and Eric Mar voting against the proposal. The key swing votes in the decision were Breed — who wrote an op-ed for this week’s Guardian (posting soon) explaining her position — and Sup. Norman Yee, who was elected last year in Dist. 7 with progressive support.

To address the homeless issue, Kim asked for an amendment to make an exception for sleeping in the parks. Without the amendment, “we are criminalizing poverty and issuing fines people will never pay, and not getting the results we wanted,” she said. 

Hundreds of homeless lay their heads to rest in the parks of San Francisco every night as the city struggles to meet housing demand, which is already illegal under city law. Kim’s amendment says those sleeping in parks are to be cited under previously existing codes against sleeping in parks and not double-fined under this ordinance. Wiener supported the amendment and it was inserted into the legislation, although that didn’t end the debate over the legislation or win over its main opponents.

As the legislation was first introduced, Wiener made the argument he’s made many times before. Closing the parks at night is about vandalism, he said. 

“We need to establish a clear baseline that establishes hours for the park to combat vandalism and dumping,” Sup. Scott Wiener told the board. He made the case that most major cities in the U.S. have laws closing their parks and playgrounds at night, and that even New York City had them on the books.

Wiener also directly and flatly denied that his legislation was an attack on the homeless. 

“If the police wanted to remove people sleeping and camping in parks, they already have the tools to do that. This legislation does not give them those tools beyond what they have,” he said. 

But opponents of the measure, who have been organizing against it for weeks, said it will target the homeless and be selectively enforced. As Mar said at the hearing, “I think this is a really mean-spirited ordinance.”

And that’s when the avalanche of arguments began. Campos, Mar, Avalos, and Kim all  passionately defended the homeless that sleep in the parks. But no one brought more facts to the argument than Breed.

“We have 1,339 shelter beds and 6,000 people in San Francisco with nowhere to sleep,” she said. “I’ve been told again and again this will not target the homeless. But if it doesn’t target the homeless or the investment banker or the firefighter, who will this law target? Suspicious looking people in hoods? Teenagers?” 

The room took on a chill as she evoked echoes of Trayvon Martin and others who have been selectively targeted in the name of justice. Enforcement was her next bone of contention. There are only a handful of park police, often only two, that patrol over 220 parks in San Francisco, she said. 

If the ordinance is supposed to combat vandalism, it doesn’t even do that effectively, she said to the board: “We don’t have a legislative problem, we have an enforcement problem.”

To that end, Yee amended Wiener’s proposal to identify more funding for the park police. Everyone on all sides of the argument acknowledged that two to three officers to cover over 4,000 acres of San Francisco parks was woefully inadequate. 

It’s still unclear where that funding will come from, and how much it will be. 

After the meeting the Guardian asked Police Chief Greg Suhr, who was present for the meeting, if the homeless would be targeted under the ordinance.

“We’re not that Police Department,” he said. But he also said the controversial Sit/Lie Ordinance doesn’t target homeless people either, a claim that homeless advocates would dispute. “We’re a reasonable suspicion detention department.” 

An audio interview with Police Chief Greg Suhr just after the park closure legislation passed, where we asked Suhr, “Will the homeless be targeted?”

Tom Temprano, president of the Harvey Milk LGBT Democratic Club, disagreed. 

“I think that anyone who tells you the homeless will not be targeted in legislation that closes our parks at night are lying to you. There’s no other way to read this legislation,” he said. Temprano was one of the lead organizers of the sleep-in protest of the ordinance, which we previously covered.

When we asked if the ordinance would spur increased law enforcement in the parks, Suhr referred us elsewhere. 

“I leave the deployments to the station captains… certainly [the captains] have a pulse on what’s going on in the parks,” he said. 

So we called Captain Greg Corrales at Park Station, which oversees one of the most populous sections of Golden Gate Park, filled to the brim with campers. Corrales told us he didn’t imagine this ordinance would spur him to increase patrols or enforcement.

“There will not be more officers. The hours of the park have been posted on signs in the park, and past closing time people were cited for failure to abide by the signs,” he said. 

They cite 10-20 people for sleeping in the park per night, he said. As Kim noted, often these don’t lead to any prosecutions at all. 

But as for vandalism, Corrales said that there was recently a vandal throwing rocks through the windows of the Conservatory of Flowers and McLaren Lodge in Golden Gate Park. Would the ordinance help curb people from that kind of behavior?

“We’re already enforcing park closure,” he said. “It really doesn’t have much impact on us.” 

 

Red herring or not, park closure vote delayed while supes seek police input

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There is only one police chief in this town, and no law regarding the usage of public parks shall pass without him. Or so they said yesterday when Sup. Scott Wiener continued for a week consideration by the Board of Supervisors of his controversial proposal to close the city’s parks and plazas at night.

Wiener – champion of the legislation that homeless advocates say specifically target the City’s homeless population — motioned for continuance on the hotly contested agenda item after Police Chief Greg Suhr was unavailable to discuss how the measure might be enforced. The motion was seconded by Sup. Malia Cohen and passed without objection. 

But the continuance request means that Wiener will have to deal with what he calls an “epidemic of vandalism” for another week as well. The legislation would amend the “Park Code to establish hours of operation for City parks from 5am to midnight, with certain exceptions; and make environmental findings.” 

“It’s long been illegal to sleep or camp in parks,” said Sup. Wiener. “[Police] don’t need another law.” 

“This. Is. About. Vandalism,” Recreation and Parks Department General Manager Phil Ginsburg told the Guardian. “The homeless won’t be thrown out. The laws are already on the books, man.”

And while Wiener and those in the RPD have continued their insistence that that the legislation was written explicitly to target late-night vandalism, illegal dumping, and other nefarious activities not related to homelessness, opposition to the legislation say it’s “red herring” legislation that, on its face, claims to combat vandalism, but underneath is actually a bill targeting the homeless.

Wiener disagrees with this stance, however, and actually called the argument made by the legislation’s opposition — that the bill is a “red herring” ostensibly aimed at vandalism, but that really targets the homeless — a “red herring” as well. A red herring, historically, is a distraction. It’s a Trojan Horse, a magician’s assistant, a tool designed to confuse and obfuscate actual information or intent. 

It is a term that first found a foothold in the hunting world, but made it’s transcendental leap into the world of politics. Politicians have employed the use of “red herrings” in the past. But why would a group called the Coalition on Homelessness actually support vandalism, as the supervisor’s “red herring” comments would suggest?

When this fact was pointed out, Wiener told the Guardian that he “wasn’t going to speculate.” (And neither will we, at least as to why the supervisor chose to use the phrase “red herring” to describe the COH’s argument in the first place.)

But regardless of rhetoric, next week’s vote promises to be close. COH Executive Director Jennifer Friedenbach told the Guardian last week that she had the support of the four most progressive supervisors — John Avalos, Jane Kim, David Campos and Eric Mar — and needed just two of the three swing votes to shoot down the legislation. Those three undecided votes rest in the hands of Sups. London Breed, Katy Tang and Norman Yee.

“This is going to be a close vote,” said Wiener.

But a vote that will have to wait a week.