San francisco case

While San Francisco is still working on its “housing element” — a housing production plan every California city is required to complete every eight years — city planners face a daunting task: how to create 82,000 new homes in the eight years between 2023 and 2030, including 32,000 that are affordable to very low-income and low-income families. The housing requirements assigned to every city are known as Regional Needs Housing Allocation, or RHNA.

The looming affordable housing funding gap was the topic of a hearing Thursday at the Board of Supervisors Government Audit and Oversite Committee.

At the hearing, committee Chairman Dean Preston questioned whether the city was doing enough to prioritize homes for working class residents in a city where just 7% can afford market rate rents — which reach into several thousand per month.

“What is clear is the existing strategies are not going to get us there,” he said. “In best case scenario, with traditional approaches, we chip away toward our goals but we certainly don’t get anywhere near them. New tools are needed.”

While San Francisco produces more affordable housing than any other city of comparable size — it currently has 11,000 units in its pipeline — its production of market-rate housing far outpaced its affordable housing output in the current eight-year RHNA cycle. The city built 48% of its affordable goal and 151% of it market rate goal.

The city is currently facing stern headwinds on both the creation of market rate and low-income housing.

On the market rate side, development applications have slowed to a trickle as for-profit builders have postponed or canceled projects because they don’t work financially. Market rate projects generated $208 million for affordable housing fees in the last five years.

On the subsidized side, soaring construction costs have added millions of dollars in costs to many projects, which puts San Francisco at a disadvantage when competing against other California cities for affordable housing tax credits and bonds.

Lydia Ely, deputy director of the Mayor’s Office of Housing and Community Development, said that the city has little or no money beyond the projects that are already in the planning or construction phase.

She said that San Francisco is “disadvantaged” by a 2020 change in the way that California divides tax credits and affordable housing bonds, the two programs that pay for most low-income housing construction. Before 2020 San Francisco could count on receiving the OK for all of its bond and tax credit applications. Under the new system, the city is losing out to cities that have far cheaper construction costs and land value.

She called the changes “the biggest threat to our production.”

“Those sources used to come as a right, over the counter,” said Ely. “Right now they are highly competitive and over-subscribed.”

“Even though we are robustly pursuing all the local sources — we cannot expect those sources to grow significantly, its just too volatile and the unknowns are too unknown,” said Ely. “Beyond the fact that we need more we can’t anticipate what those sources will be.”

She said construction costs have risen 25% in the past two years and every project that “is starting construction is needing a couple of million more” from the city.

Preston used the hearing to advocate that the city earmark all of the money generated by Prop I for affordable housing. Prop I, which Preston sponsored and which voters approved in 2020, increased transfer tax on properties over $10 million.

Preston said that that voters “went and created $170 million of annual revenue general fund for affordable housing yet we seem to be in a fight every year.”

Jeff Cretan, a spokesman for Mayor London Breed, said that Prop I is a general fund tax “not dedicated to any specific purpose by the voters.”

“The mayor and the board of supervisors make decisions how to allocate the general fund during the budget process, which kicks off in two weeks when the mayor introduces her proposed pudget,” he said.

J.K. Dineen is a San Francisco Chronicle staff writer. Email: [email protected] Twitter: @sfjkdineen

COVID-19 deaths, hospitalizations expected to rise in nearly every state

There will be up to 5,300 additional COVID-19 deaths in the U.S. over the next two weeks based on forecast models used by the U.S. Centers for Disease Control and Prevention. Nearly every state is expected to see an increase in deaths reported during the week ending June 11, with California, New York, Georgia and Florida projected to tally the largest tolls. The U.S. is now averaging about 273 COVID deaths a day, with the average of new daily cases approaching 100,000. There are more than 24,300 Americans hospitalized with COVID-19, the highest figure since March, according to data from the U.S. Department of Health and Human Services. The CDC forecast models also show new hospitalizations increasing by up to 11,000.

California to open nearly 150 new “test to treat” sites

The California Department of Public Health announced Wednesday that it is preparing to launch 146 new sites that provide coronavirus testing and treatment, as part of a partnership with OptumServe. The sites will allow individuals to test for the virus, consult with a health care provider and receive a prescription to antiviral pills all in one visit. Insurance coverage is not required for the services. “We are working to ensure that Californians who have symptoms of COVID-19 have access to rapid testing and immediate treatment, regardless of insurance coverage,” Dr. Tomás Aragón, the state’s public health officer, said in a statement. “Our goal is to help Californians recover if they get COVID-19 and ensure high-risk patients have access to treatments that can keep them out of the hospital.” The sites are expected to open over the next couple of weeks, with a Test to Treat locator map available online , although not all the sites will be listed.

S.F. firefighters who refused vaccines fought their firings with misinformation and conspiracy theories

Termination proceedings for San Francisco firefighters who have refused COVID-19 vaccines are nearing a bruising conclusion, after more than 50 hours of hearings in which the department’s last holdouts — and their supporters — denigrated the public health order, brandished conspiracy theories and compared the city government to an authoritarian regime. Read more about the pandemic protections that became a standoff in the political and cultural battle over the coronavirus response.

CDC urges masks for one-third of Americans, including the Bay Area

With the average number of COVID-19 hospitalizations up 20% in the U.S. over the past week, federal health officials on Wednesday urged people to resume coronavirus mitigation measures such as mask wearing through the current surge. Dr. Rochelle P. Walensky, the director of the Centers for Disease Control and Prevention, said during the first White House coronavirus briefing in six weeks that at least 32% of Americans now live in a region with elevated virus risk and should consider putting on a mask in indoor public settings even if not mandated. That includes nearly all Bay Area counties, which are classified as having “medium” COVID levels, according to the CDC. Walensky also asked people in high-risk areas to avoid crowds and test before gathering. “We urge local leaders to encourage the use of prevention strategies like masking in public indoor settings and increasing access to testing and to treatment,” she said.

COVID-19 can lead to a number of sleep disorders, including insomnia, report says

Sleep disorders have emerged as one of the most common conditions for people who experience prolonged symptoms of COVID-19, according to a report from Cleveland Clinic , usually persisting more than three to four weeks after initial infection. “They report insomnia, fatigue, brain fog and sometimes we even see circadian rhythm disorders,” said sleep medicine specialist Dr. Cinthya Pena Orbea. Researchers at the clinic have coined the term “coronasomnia” to identify COVID-19-induced insomnia attributed to pandemic-related stress, anxiety, depression and other mental health conditions. They said many of these conditions can worsen over time. “The direct cause for long-hauler symptoms remains unknown,” said Dr. Pena Orbea. “Clinicians and researchers are exploring several possibilities that include having a persistent inflammatory state or an inadequate antibody response, and there’s another thought that there is ongoing viral activity that’s causing organ damage.” Ironically, the researchers said sleep is one of the key functions that help people recover from COVID-19.

Three-quarters of patients diagnosed with long COVID initially had mild symptoms, study says

An analysis of more than 78,000 patients diagnosed with the post-COVID-19 condition commonly known as long COVID from Oct. 1, 2021 to Jan. 1, 2022 found that 76% of them had never been hospitalized for their initial coronavirus infection. The study , published Wednesday by FAIR Health, a non-profit organization that focuses on health care costs, found that among the patients who presented with a post-COVID diagnosis, women were more vulnerable to persistent symptoms such as fatigue, shortness of breath, cough, headache, loss of taste or smell, and cognitive or mental health impairments, including anxiety or depression. Nearly 31% of the long COVID sufferers had no identified pre-existing chronic comorbidities. The researchers also discovered that those between the ages of 36 to 50 were most likely to be diagnosed with a post-COVID condition, raising the concern that the virus could impact most in the prime of their lives.

After the hearing, Ciria’s son, Pedro, embraced loved ones, his eyes red from crying.

“It feels good,” said the 32-year-old, who was 6 weeks old when his father was arrested.

Ciria, 61, counts as the first person exonerated by the commission, a unique model that Boudin has sought to advance with state legislation at a time when most conviction review units nationwide have shown no results.

Monday’s ruling makes San Francisco’s only the second district attorney’s office in the Bay Area to help exonerate someone with its version of a conviction review unit, according to the National Registry of Exonerations. Santa Clara County’s unit has been involved in five overturned convictions dating back to 2011.

Though Boudin followed the commission’s recommendation, he has final authority on what to do.

“Our office is proud of and grateful for the work of the Innocence Commission in rectifying the wrongful conviction of Mr. Ciria,” Boudin said in an emailed statement. “Although we cannot give him back the decades of his life lost we are grateful that the court has corrected this miscarriage of justice.”

The commission’s decision was largely owed to a man who came forward to say he witnessed the murder and recognized the killer as a different man.

Roberto Socorro swore in a declaration that he saw and heard the killer, a man he knew, but didn’t come forward for two reasons. First he didn’t believe in cooperating with the police. Second, because he was a close friend of the victim, Socorro said he made a vow to find the man himself and take revenge.

But Socorro’s conscience found him before he could find the man.

“I am deeply ashamed of my selfish decision to remain silent all these years,” Socorro wrote in his declaration.

The Chronicle isn’t naming the alleged shooter because he hasn’t been charged and couldn’t be reached for comment.

It isn’t yet clear when Ciria will be released, though his attorneys say it could be anytime this week.

A disbelieved alibi

The murder happened on March 25, 1990, outside the Bay Bridge Hotel in SoMa.

Felix Bastarrica, 30, whom friends called Carlos, was walking down an alley around 9 p.m. when a white car pulled up, according to case records filed in court with Ciria’s petition. An armed man climbed out. An argument ensued, followed by gunshots, including one into Bastarrica’s head.

The hotel was a popular haunt for locals who had fled Cuba in a mass migration in 1980. In what would become known as the Mariel boat lift, 125,000 people traveled from the port of Mariel to the shores of South Florida. Amid a crisis in Cuba, President Jimmy Carter had said those who could make it to the U.S. would be granted asylum.

Police searched the immigrant community for suspects.

Ciria and the victim, who police claimed were part of a crack cocaine ring, both immigrated to the U.S. in the Mariel era.

Ciria was friends with the victim. He didn’t match witness descriptions of the killer, who had a short Afro, according to filings by the District Attorney’s Office. Ciria, who is Afro-Cuban, had a Jheri curl. He had two alibi witnesses who said he was at home after a stop at his favorite arcade, where he loved to play Pac-Man when he wasn’t spending time with his little boy.

But a rumor started going around that he did it. In a court filing, the District Attorney’s Office said the rumor was started by the real killer and caused investigators to focus on Ciria.

After finding an 18-year-old named George Varela who admitted driving the killer to the scene, investigators pressed him.

“If you’re going to continue to sit in here and lie and cover up for Joaquin,” one inspector said, “you’re going to be in some deep (expletive).”

Varela could have been prosecuted for his role in the murder, but instead was granted immunity.

Ciria was convicted of first-degree murder and sentenced to life on March 22, 1991.

Through the years, he’s come up for parole hearings multiple times, but was always denied after he refused to admit guilt and express remorse for the crime.

“For him to still hold his ground says a lot,” said Pedro Ciria. “You’re not going to put yourself through all that denying you didn’t do it if you’re not innocent.”

Varela hasn’t spoken to investigators or attorneys about the murder since the 1990s, but others say he told them Ciria was innocent. One is a friend; the other is Varela’s sister who, in a sworn statement, said Varela told her the shooter was “another Cuban.”

Varela was recently brought into court to testify for the judge. With every question, Varela invoked his Fifth Amendment right against self-incrimination, said University of San Francisco Professor Lara Bazelon, chair of the Innocence Commission.

Socorro said he was in the hotel near the scene of the murder because he’d shot and killed a man the night before and thought the Bay Bridge would be a good hiding spot. Socorro ended up serving three decades for that murder.

‘I found him credible’

The original San Francisco Police Department investigation was led by retired officers including Art Gerrans and Jim Crowley. Gerrans and Crowley were also involved in the 1991 wrongful conviction of Maurice Caldwell, who sued the city after serving 20 years and won $8 million in 2021.

Bazelon said the commission took up Ciria’s case after his attorneys with the Northern California Innocence Project came to the District Attorney’s Office. The commission — a panel of legal experts of varying backgrounds — began amassing documents.

Members reviewed the entire Police Department file for Ciria’s case and, to be sure they weren’t missing anything, Socorro’s. They read numerous legal filings and sought witnesses and experts.

Bazelon found it important to be thorough to show how serious the commission is.

Many elected prosecutors have been accused of running a so-called CRINO, or Conviction Review Unit in Name Only. Such units can be underfunded or understaffed for the task of reinvestigating cases, which can take years, researchers with the National Registry of Exonerations have found.

The Innocence Commission is a different model from others in that it’s meant to be more independent of the District Attorney’s Office. The reasoning is partly that any prosecutors leading such a process would inevitably run into conflicts when investigating their office’s own potential failures.

Nationally, there are 93 conviction integrity units; almost all are within prosecutors’ offices, according to the National Registry of Exonerations. Only 41 have helped overturn wrongful convictions.

Boudin, along with Assembly Member Marc Levine, D-San Rafael, in March announced the introduction of AB2706 , which would create pilot programs mimicking the San Francisco Innocence Commission in three as-yet-unnamed counties. It’s still winding through the state house, but had a favorable report in committee.

Ciria’s case was the first the Innocence Commission reviewed. It’s reviewing two others.

Bazelon said it was Socorro’s testimony before the commission that convinced her of Ciria’s innocence.

“I found him credible,” she said. “I found the story credible.”

The judge also said he found Socorro’s statements compelling. He stopped short of saying that he believed Ciria was innocent, but said Ciria likely wouldn’t have been convicted if they had all the information available today.

“I am going to find that it’s reasonably likely that one juror would have changed their vote,” Conroy said.

Ciria thanked the judge for the opportunity to be heard all these years later. After Conroy read his decision, Ciria declined to make a statement as he took it in.

In the courtroom gallery, Ciria’s former partner, Yojana Paiz, sat with their son, Pedro. Paiz had maintained for 32 years that Ciria had been at home when the murder happened. No one believed her until it was much too late.

Now she leaned over on her son’s chest and sobbed.

Joshua Sharpe is a San Francisco Chronicle staff writer. Email: [email protected] Twitter: @joshuawsharpe

“We’re just trying to be prudent,” Sara Sackner, the school’s director of advancement, told the Chronicle. With cases rising in the Bay Area , fueled by new, infectious variants that relentlessly spawn every four to six months, Sackner and other staff saw an opportune moment to shut down and beat back the surge.

By the middle of May health officials were reporting 2,500 coronavirus cases a day across the Bay Area — an underestimate, some experts said, because people are testing themselves at home or not getting tested at all.

Sadly, Sackner said, online education “is a skill we have had to acquire.”

She noted that although classes have shifted to computer screens, the school’s campus remains open. Sackner and other faculty worked there on Thursday.

It wasn’t immediately clear whether College Preparatory School’s decision would be a bellweather for other districts. Spokespeople for Oakland and San Francisco Unified School Districts were not immediately available for comment Thursday afternoon.

Rachel Swan is a San Francisco Chronicle staff writer. Email: [email protected] Twitter: @rachelswan