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Mayor London Breed, Supervisor Matt Haney Introduce Legislation to Prevent Frivolous Appeals From Delaying City Projects And Policies

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Mayor London Breed

Legislation would raise the requirements for City projects to be appealed and allow them to continue during the appeals process to prevent unnecessary delays

On Tuesday, San Francisco Mayor London N. Breed and District 6 Supervisor Matt Haney introduced legislation designed to prevent the abuse of the appeals process for City projects and policies that often result in unnecessary delays and increased costs.

Under current law, one person is capable of appealing and pausing projects and policies related to transportation, public works, infrastructure, and the environment. The legislation maintains the ability for appeals to be filed, but raises the requirements to prevent frivolous appeals that result in project delays and cost increases.

One recent example was an appeal of the City’s Slow Streets program, which is designed to give pedestrians access to roads with limited car traffic in order to safely move around San Francisco during the global COVID-19 pandemic.

This appeal of the Slow Streets program was filed by just two individuals. While the appeal was eventually dismissed unanimously, the delay was unnecessary and resulted in hundreds of hours of staff time that could have otherwise been spent responding to other City and resident needs.

Additionally, the appeal meant countless residents in neighborhoods throughout the City did not have access to a nearby Slow Street for weeks, and in some cases months. A total of six separate appeals have been filed to stall San Francisco Municipal Transportation Agency (SFMTA) projects since June.

“Our response to the pandemic has shown that San Francisco is capable of doing great things when we don’t get in our own way,” said Breed. “People should be able to appeal projects and policies that are going to impact our city and their lives, but by setting the bar so low for an appeal to be filed, we set ourselves up for delays and cost overruns before we even get started.

“That’s a system designed to fail. This legislation allows for appeals to continue while preventing frivolous appeals that keep our city from moving forward,” Breed said.

Under the legislation, appeals to the Board of Supervisors for projects that are not directly under their decision-making authority would require 50 signatures from San Francisco residents, or five members of the Board of Supervisors, as opposed to the current rules that require just one appellant.

Furthermore, a number of project types could continue while the appeal is being heard, such as projects that are temporary in nature, involve easily reversible physical changes, or are related to health and safety.

“This is common sense, necessary legislation, only applying to public projects, that will improve our city’s ability to act decisively and respond with urgency to meet public needs, while still protecting the right to appeal,” said Haney. “The public’s right to appeal government decisions is an important part of our democracy, but a single person should not be able to completely derail a public project like Slow Streets or emergency transit lanes that fulfill a clear public purpose and can be reversed.”

“After the recent CEQA appeal that paused Slow Streets was rejected, our teams were in the streets within 12 hours and new Slow Streets were installed on Clay and Noe streets and Pacific and Tompkins avenues in less than a week,” said SFMTA Director of Transportation Jeffrey Tumlin. “These welcoming and accessible improvements are needed to keep our city moving during this crisis. With fewer frivolous appeals, staff could instead spend time on the City’s recovery.”

Under the legislation, the Slow Streets program appeal would have required 50 signatures to be filed, and implementation of the program would have been allowed to continue during the appeal since the physical changes are easily reversible and only require removing signs saying the road is closed to through traffic.

“We want to thank Mayor Breed and Supervisor Haney for their forward-thinking legislation that will help our city meet our Vision Zero and Transit First goals with urgency,” said Janice Li, advocacy director for the San Francisco Bicycle Coalition. “The San Francisco Bicycle Coalition enthusiastically supports this legislation that lets the city planners do what they do best: design safe streets that make it easier for people to walk, bike, and take transit.”

The San Francisco Mayor’s Office of Communications provided this report.

Community

Biden-Harris Administration Announces Two New Actions to Address Youth Mental Health Crisis

Through the American Rescue Plan (ARP), the Biden-Harris Administration has invested over $5 billion in funding through HHS to expand access to mental health and substance use services, and school districts are estimated to use an additional $2 billion in Department of Education ARP Elementary and Secondary School Emergency Relief (ESSER) funds to hire more school psychologists, counselors, and other mental health professionals in K-12 schools.

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The President’s FY23 budget proposes over $27 billion in discretionary funding and another $100 billion in mandatory funding over 10 years to implement his national mental health strategy.
The President’s FY23 budget proposes over $27 billion in discretionary funding and another $100 billion in mandatory funding over 10 years to implement his national mental health strategy.

Courtesy of the U.S. Dept. of Education

Our nation’s young people are facing an unprecedented mental health crisis.

Even before the pandemic, rates of depression, anxiety and suicidal thoughts among youth were on the rise. The pandemic exacerbated those issues, disrupting learning, relationships, and routines and increasing isolation—especially among our nation’s young people.

More than 40% of teenagers state that they struggle with persistent feelings of sadness or hopelessness, and more than half of parents and caregivers express concern over their children’s mental well-being.

To address this crisis, President Joe Biden put forward in his first State of the Union address a comprehensive national strategy to tackle our mental health crisis, and called for a major transformation in how mental health is understood, accessed, treated, and integrated—in and out of health care settings.

On July 29, the Biden-Harris Administration announced two new actions to strengthen school-based mental health services and address the youth mental health crisis.

Awarding the first of nearly $300 million the President secured through the FY2022 bipartisan omnibus agreement to expand access to mental health services in schools.

Next week, the Department of Education will begin the process to disburse almost $300 million Congress appropriated in FY22 through both the Bipartisan Safer Communities Act and the FY22 Omnibus to help schools hire more mental health professionals and build a strong pipeline into the profession for the upcoming school year.

In total, the Bipartisan Safer Communities Act will invest $1 billion over the next five years in mental health supports in our schools, making progress towards the President’s goal to double the number of school counselors, social workers, and other mental health professionals. This funding is allocated to two critical programs:

  • The Mental Health Service Professional (MHSP) Demonstration Grant Program. In FY22, this program will provide over $140 million in competitive grants to support a strong pipeline into the mental health profession, including innovative partnerships to prepare qualified school-based mental health services providers for employment in schools.
  • School-Based Mental Health (SBMH) Services Grant Program. In FY22, this program will provide over $140 million in competitive grants to states and school districts to increase the number of qualified mental health services providers delivering school-based mental health services to students in local educational agencies with demonstrated need. This will increase the number of school psychologists, counselors, and other mental health professionals serving our students. Some schools will gain mental health staff for the first time. Others will see this critical workforce expand. By increasing the number of qualified mental health professionals in our schools, and thereby reducing the number of students each provider serves, this program will meaningfully improve access to mental health services for vulnerable students.

In the following months, the Biden Administration will deliver the following additional FY22 funding that can be used to expand access to mental health services and supports in schools:

  • Fostering Trauma-Informed Services in Schools. Young people have been especially impacted by the trauma of COVID. Over the next several weeks, the Department of Health and Human Services (HHS) will begin evaluating applications to award nearly $7 million to education activities designed to help students access evidence-based and culturally relevant trauma support services and mental health care. Applications were submitted on July 25, 2022, and award announcements will be made this fall. The grant funds will help create partnerships that link school systems with local trauma-informed support and mental health systems to provide services to students in need.
  • Expanding Mental Health Services Through Full-Service Community Schools. The Biden-Harris Administration has proposed expanding funding for community schools, which play a critical role in providing comprehensive services to students and families to improve academic outcomes and student well-being.

Earlier this month, the Department announced plans to award $68 million in funds for 40 new grantees. All grantees are required to provide integrated student services, which can include mental health services and supports.

  • Responding to Childhood Trauma Associated with Community Violence. The FY22 omnibus included $5 million for the Department of Education’s Project Prevent, a program that provides grants to help school districts increase their capacity to implement community- and school-based strategies to mitigate community violence and the impacts on students.

Experiencing or witnessing violence in the community is an adverse childhood experience linked to chronic health issues, including mental health. Project Prevent seeks to build a bridge between schools and community-based organizations to provide students with the tools to break cycles of generational violence and trauma, including through the use of mental health services and supports.

Encouraging Governors to Invest More in School-Based Mental Health Services.
In a letter sent on July 29, 2022, to governors across the country, the Departments of Education and Health and Human Services highlight federal resources available to states and schools to invest in mental health services for students.

The joint letter from Secretaries Becerra and Cardona highlights actions by the Biden-Harris Administration to improve the delivery of health care in schools and make sure children enrolled in Medicaid have access to comprehensive health care services, as required by law.

The letter also previews forthcoming Medicaid guidance on how states can leverage Medicaid funding to deliver critical mental health care services to more students, including ways to make it easier to bill Medicaid for these services.

Building on Progress

These actions build upon earlier investments and announcements designed to expand access to mental health services for youth and further President Biden’s Unity Agenda. In just 18 months, President Biden has invested unprecedented resources in addressing the mental health crisis and providing young people the supports, resources, and care they need.

Through the American Rescue Plan (ARP), the Biden-Harris Administration has invested over $5 billion in funding through HHS to expand access to mental health and substance use services, and school districts are estimated to use an additional $2 billion in Department of Education ARP Elementary and Secondary School Emergency Relief (ESSER) funds to hire more school psychologists, counselors, and other mental health professionals in K-12 schools.

And the President’s FY23 budget proposes over $27 billion in discretionary funding and another $100 billion in mandatory funding over 10 years to implement his national mental health strategy.

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Advice

The Perfect Time to Lock in Your Mortgage Rate, Keep Rising Housing Costs Under Control Is Now

Despite a challenging homebuying environment with high demand and historically low inventory, purchasing a home is still attainable – and you don’t have to go through the process alone. Getting connected early with a home lending advisor will better prepare you for the homebuying process, help you understand how much home you can afford and get you prequalified so you can shop with confidence.

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There’s no one-size-fits-all approach to locking in a mortgage rate and there are many factors to consider.
There’s no one-size-fits-all approach to locking in a mortgage rate and there are many factors to consider.

By Christina Dello Buono

Surging mortgage rates combined with double-digit price gains are putting homeowners and potential buyers in a tough spot. First-time homebuyers, in particular, are being squeezed out of the market – due to the fact they don’t have equity or an additional boost from the sale of an existing property.

Despite those challenges, buying a home may not be as out of reach as you think.

We sat down with Denise Richardson, Community Home Lending Advisor at Chase, to discuss how to navigate the mortgage process, what resources are available, and how increasing mortgage rates can impact your family’s homebuying dreams.

Q: How do increasing mortgage rates impact prospective homebuyers?

Richardson: Mortgage rates have nearly doubled in the last six months – from 3% in 2021 to more than 6% in 2022 – making it increasingly difficult for many Americans to purchase a home, especially those on a limited income. That difference is significant by any measure, but it could result in hundreds of dollars added to your monthly payment and thousands of dollars over the life of your loan.

Despite a challenging homebuying environment with high demand and historically low inventory, purchasing a home is still attainable – and you don’t have to go through the process alone. Getting connected early with a home lending advisor will better prepare you for the homebuying process, help you understand how much home you can afford and get you prequalified so you can shop with confidence.

Q: Is it a good idea for homebuyers to lock in a mortgage rate as soon as possible?

Richardson: There’s no one-size-fits-all approach to locking in a mortgage rate and there are many factors to consider. This is where your home lending advisor can provide more individualized counsel specific to your situation and your market.

Given the volatility of interest rates right now, we recommend locking in rates as soon as possible so you can be certain what your payments will look like on your loan. Many lenders require you to have a purchase contract in-hand before locking in your rates, but that isn’t always the case. Chase offers a Homebuyer Advantage Program, which allows you to get conditionally approved while you shop for a home.

Q: What happens if mortgage rates drop after a homebuyer locks in their rate?

Richardson: There isn’t an exact science to timing the market, and while interest rates have risen in recent months, it’s always possible that interest rates could fall. Some lenders offer a mortgage rate lock float down, which allows you to lock in an interest rate with the option to reduce if market rates fall during the lock period. This option provides you with a little more security in a volatile market and allows you to take advantage of falling interest rates.

You may be able to move to a lower rate even without the float down option, but it may require additional fees. Additionally, your lender may have particular requirements, such as being at a certain stage of the loan process, for the customer to be eligible to lower their rate.

Q: Can a homebuyer potentially let the rate lock expire by pushing back their closing date? 

Richardson: It’s certainly possible, but it isn’t likely to be beneficial for the customer. Oftentimes, lenders will only allow you to move forward with the rate you originally lock in – or the rate on the day you relock, whichever is higher.

The other thing to keep in mind is that the ability to move quickly in this environment is critical. It’s important to do your research on lender-backed resources available to you, such as Chase’s Closing Guarantee. This guarantee commits to closing customers in as little as three weeks, or they receive $5,000. The program offers buyers peace of mind knowing that they can close on their new home without delay or receive compensation that can be put toward additional costs.

There are plenty of other resources available to help boost your homebuying knowledge – especially if you are a first-time homebuyer. The Beginner to Buyer podcast is a great resource for prospective homebuyers to get answers to all their homebuying questions. Every episode offers conversations with real buyers and expert guests about each step of the process, from mortgage rates and application to closing.

Christina Dello Buono is a vice president in the Dept. of Communications, JPMorgan Chase/Northern California. 

Content sponsored by JPMorgan Chase & Co.

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Activism

Respect for Marriage Act Passes in U.S. House with Help from Bay Area Representatives

California District 13 Rep. Barbara Lee, who voted for the bill, also stated it was “a key step forward in House Democrats’ fight against the right-wing assault on freedom.”  Representative Eric Swalwell of District 15, which includes cities of Dublin, San Ramon, Livermore and Hayward simply tweeted, “Kevin McCarthy and the majority of @HouseGop just voted against same-sex marriage. As backwards as they are, we are not going backwards with them.”

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Tweet from U.S. Rep. Pramila Jayapal of Washington. Twitter photo.
Tweet from U.S. Rep. Pramila Jayapal of Washington. Twitter photo.

By Sarah Clemens, Oakland Post Intern

The House passed the Respect for Marriage Act on July 19, 2022. The bill, which was originally introduced in 2009, would repeal the 1996 Defense of Marriage Act and recognize same-sex marriage on a federal level.

The reintroduction of this bill comes not long after Justice Clarence Thomas’ called for Obergefell v. Hodges, the 2015 landmark Supreme Court ruling that declared the right for same-sex marriage in every state, to be overturned. Thomas declared Obergefell v. Hodges, along with other landmark rulings, to be “demonstrably erroneous decisions.”

While all of the House Democrats voted for the bill, it also garnered some bipartisan support, with 47 Republicans voting in the affirmative as well. Notably, Rep. Liz Cheney of Wyoming, whose anti-gay marriage statements were immortalized in 2018 Best Picture nominee “Vice,” voted in favor of the bill.

Cheney also denounced her previous statements in an interview with CNN’s Jake Tapper, stating, “freedom means freedom for everybody.” However, the Republican Party’s top two representatives, Kevin McCarthy of California and Steve Scalise of Louisiana, voted against it.

While the House vote is a big victory for supporters of the Respect for Marriage Act, it is still not a law. Whether it will be approved by the Senate is unclear. Chuck Schumer of New York, Democrat and Senate majority leader, stated he wanted “to bring this bill to the floor, and we’re working to get the necessary Senate Republican support to ensure it would pass.” That mentioned Republican support would be a minimum of 10 affirmative Republican votes.

Democrat support remains strong, with many citing potential codifying of the bill as a counterattack in the wake of the overturning of Roe vs. Wade. Speaker of the House Nancy Pelosi, whose congressional district lies within San Francisco, spoke about the recent ruling on the House floor and stood behind the bill, saying, “as radical Justices and right-wing politicians continue their assault on our basic rights, Democrats believe that the government has no place between you and the person you love.”

California District 13 Rep. Barbara Lee, who voted for the bill, also stated it was “a key step forward in House Democrats’ fight against the right-wing assault on freedom.”  Representative Eric Swalwell of District 15, which includes cities of Dublin, San Ramon, Livermore and Hayward simply tweeted, “Kevin McCarthy and the majority of @HouseGop just voted against same-sex marriage. As backwards as they are, we are not going backwards with them.”

While according to White House Press Secretary Karine Jean-Pierre, President Joe Biden has been urging the Senate to send the bill to him soon, the process has instead been delayed.

Senator Tammy Baldwin of Wisconsin, who became the first openly gay person to be elected to the Senate in 2012, told NPR that “we don’t want to bring it to the floor until we know that we can pass the legislation.”

Senate Minority leader Mitch McConnell, of Kentucky, has stated that he’d “delay announcing anything on that issue until we see what the majority leader wants to put on the floor.”

As Democrats attempt to gain support from across the aisle, and Republicans make few statements on the bill publicly, the future remains unclear.

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