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Tuesday, March 05, 2019
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Sf foodways .
>> President Yee: good afternoon and welcome to the March 5, 2019 meeting of the board of supervisors. Madam Clerk, will you please
call the roll.
>> clerk: thank you.
[Roll Call]
>> clerk: Mr. President, you
have a quorum.
>> President Yee: thank you. Ladies and gentlemen, would you
please join me in the pledge of allegiance.
[Pledge of allegiance]
>> President Yee: okay. On behalf of the board, I would
like to acknowledge the staff
at sfgtv, michael, maya, and jim, who make all the recordings available on-line.
Madam Clerk, are there any communications?
>> clerk: I have none to report.
>> President Yee: okay.
Colleagues, today we are approving the minutes from the
January 29, 2019 board meeting. Are there any changes to the minutes? Seeing none, can I have a
motion to approve the minutes as presented? Motion made by supervisor
peskin and seconded by
supervisor stefani. Okay. Then without objection those
minutes will be approved after public comment today. [Gavel].
>> President Yee: Madam Clerk,
can you please read the consent agenda.
>> clerk: items 1 through 12
are on the consent.
These itemed are considered to
be routine.
-- items are considered to be routine.
>> President Yee: would any member like to separate any item?
Seeing none, Madam Clerk,
please call the roll.
>> clerk: thank you.
[Roll Call]
>> clerk: there are ten ayes.
>> President Yee: thank you.
These items are finally passed unanimously. Madam Clerk, let's please go to the regular agenda and please call item 13.
>> clerk: item 13 is a
resolution to establish the property-based improvement
district known as the soma west
community benefit district, ordering the levy and collection of assessments against property located in
that district for 15 years, substance to conditions and
making appropriate findings.
>> President Yee: okay.
Supervisor haney, would you like to share any remarks on your item?
>> Supervisor Haney: yes, and I
think that everybody should have amendments that were passed out -- should be passed out. I want to thank you, again, colleagues, for supporting the
continuance of this item from February 5.
Over the last month, I've had the opportunity to work closely with the steering committee,
with affordable housing, developers, with nonprofits and
with the office of economic and workforce development to bring forward a revised plan in front
of you which you'll see the amendments.
If you'll recall, the soma west C.B.D. Has been working on it for a number of years, and we continued it to work out a number of remaining issues that needed to be addressed.
The two amendments we have in front of you relate to two of the outstanding issues that we've been negotiating.
One is the composition of the
C.B.D.'s future governing board.
Usually, the good afternooning
board itself will be -- the governing board itself will be included in the bylaws, so
we're included in the management plan a commitment to include cultural organizations, educational institutions, nonprofit housing entities, small business owners and
residents as part of the governing board. It's important to me and to the steering committee that we have
a diverse representation on the
future governing board to
ensure its inclusion and governance and effectiveness. The second item, you'll recall
there were some folks who came
in who were concerned about the
assessments on nonprofit owned parcels, so we were able to
reduce the assessment by a
total of close to 50%, so it
will be about 47.5% reduction,
so there are a number of
affordable housing parcels and
other nonprofit parcels that will receive that assessment. This addressed some of the concerns at the hearing and they're aware of this and
understanding of this change. I want to thank steve gibson
from urban place consulting and
chris corgis from oewd for their work, and I want to thank the steering committee for
working collaboratively with me and my office, abbie, who led
the work to get us to this moment.
So supervisors, I ask that you
support the amendments in the C.D.B. Amendment plan and ask
that you join me in welcoming the new C.B.D.
>> President Yee: so supervisor
haney, this March 5, 2019, is this the amendments that you're talking about, and what page
are you talking about?
>> Supervisor Haney: just give
me one second here. So I don't know exactly where the amendments -- I thought it
would be more in a form that exactly showed where the amendments are.
>> President Yee: no, we got a big old packet, unless somebody
has it. Okay.
Chris corgis, can you tell us
what page we're talking about?
>> thank you, President Yee and
supervisors, there are two
kinds of amendments dictating
what kind of members there will be. a sentence was added that states the bylaws of the
nonprofit owners association will define a board of directors composition that meets both city and state law
and ensures representation from
nonprofit housing entities, cultural organizations/districts, education institutions, small
business owners, residents, both property owners and nonproperty owners. That's the first amendment. The second amendment deals with the assessment formula and the
best place to find that is in
the engineer's report, in
section 14 which can be found
on page 14.
And -- excuse me. On page 12, excuse me, there
was a section added under land use considerations for nonprofit parcels and nonprofit
housing parcels.
The nonprofit parcels states that based off of discussions with the city attorney that nonprofit owned parcels would not benefit from that section,
so the 7.56% of their assessment, that would be tied
to the market in the communications portion of the budget was taken out of
nonprofit owned properties. Additionally, it was reduced in that specific section, so there's no conference of value to other properties. Additionally, under the nonprofit housing parcel
section, the steering committee
elected to -- with supervisor haney's guidance agreed to
negotiate a lower 40% rate by means these parcels do acknowledge that they are benefiting from other services
such as the cleaning component
but the C.B.D. Has agreed to fund raise that 40% that they
will not be paying in
accordance with prop 26 and articles 13 a, b c, and d of the state constitution.
>> President Yee: okay. There's been a motion to amend.
Is there a motion?
Seconded by supervisor ronen.
Is there -- supervisor peskin?
>> Supervisor Peskin: Mr. President, I don't believe that the instrument which refers to
the revised management report needs to be amended.
There's a restated management report before us, but I think -- and I can defer to either the maker or the deputy
city attorney, but I think we
can pass this as is.
>> President Yee: deputy city attorney givner?
>> Mr. Givner: yes.
Deputy city attorney jon givner. In situations where the
amendment has changed, the
board will accept the
amendment, and then adopt the resolution without amending it?
>> President Yee: should we accept the amended report without objection?
Seeing no objection, it's then
okay, I guess. [Gavel].
>> President Yee: colleagues, can we have this same house,
same call?
>> clerk: no, Mr. President. Appraiser supervisor haney came in.
>> President Yee: okay, with a role call on the amended report.
>> clerk: yes.
[Roll Call]
>> clerk: there are 11 ayes.
>> President Yee: thank you. Madam Clerk, please call the next item.
>> clerk: item 14 is an
amendment to amend the
administrative ordinary to prevent police from questioning
people who are 14 years old or
younger in custody unless certain conditions are met providing for legal representation of the youth as defined in connection with the
interrogation and mandating that responsible difficulties
be given access to youth while
police officers question youth.
>> President Yee: shall we pass
this amendment on the first reading? Without objection, the
ordinance is passed. [Gavel].
>> President Yee: Madam Clerk,
please read the next item.
[Agenda Item Read].
>> President Yee: colleagues,
can we -- supervisor peskin?
>> Supervisor Peskin: thank you.
I guess I'll -- if I May,
through the President, to supervisor safai, just address
the retroactive nature of this
accept and expend and also, I don't know if you know the
answer to this, but was this person -- insofar as we are
amending the annual salary
ordinance, was this individual
already hired?
>> Supervisor Safai: I don't
know the answer to the second
question, but the --
>> President Yee: could you
speak into the microphone?
>> Supervisor Safai: -- I'm sorry. It's just a timing issue, but
we were notified on the 15th, and so as quickly as we could get this packaged together for
early January, that's when we did.
But other than that in terms of
if the person has already been hired, I don't know the answer to that question.
>> Supervisor Peskin: through
the President To the controller, does the controller
know that -- the answer to that question?
>> President Yee: could we get somebody to find out before the end of the meeting. >> through the President, supervisor peskin, our office would not appropriate funds
until the department has approved them. The board would have to answer the question related to hiring.
>> Supervisor Peskin: related to?
>> your question related to hiring.
>> Supervisor Peskin: okay. Is there somebody here from the department?
>> President Yee: can we take this at the end of the meeting and maybe continue it to the next item? >> sure.
I'm happy to do that.
>> President Yee: maybe we'll get an answer to that.
Madam Clerk, items 16 and 17.
>> clerk: items 16 and 17
called together are ordinances
authorizing to secure employees
working at the san francisco
international airport, securing
a short-term line of creditor
partner with one or more
financial resolutions in the
case of a government shutdown.
>> President Yee: okay.
Can we pass these on first reading? Objection.
These items are passed. [Gavel].
>> President Yee: Madam Clerk,
please call the next items. [Agenda Item Read]
[Agenda Item Read] [Agenda Item Read].
>> President Yee: okay.
Colleagues, can we take these same house, same call? Without objection, these items are adopted unanimously. [Gavel].
>> President Yee: Madam Clerk, please call the next item.
>> clerk: item 21 is a
resolution to retroactively
authorizeding the office of
economic and workforce development to accept and
expend a grant in the
motorcycle of $200,000 from the
humboldt state university program foundation to expend the capacity of the san francisco small business development center for the
period of October 12018 to September 30, 2019.
>> President Yee: okay.
Can we pass this item?
Without objection, the item is passed unanimously. [Gavel].
>> President Yee: Madam Clerk,
please call the next item.
[Agenda Item Read].
>> President Yee: okay.
Colleagues, can we take this same house, same call?
Without objection, the resolution is adopted
unanimously. Madam Clerk, please call item 23 and 24.
>> clerk: item 23 and 24 called together for the purpose of providing financing for the
construction of a 100% affordable housing 52 unit multirental housing unit development for low and
moderate income senior
households at 735 davis senior apartments.
Item 24 is a resolution
authorizing the execution to
the mayor's office of a 53 unit
multifamily rent will housing
housing -- rental housing, and
item 24 --
>> clerk: for the purpose of
providing financing for the
purpose of providing 100%
affordable housing project at 88 broadway for low and moderate income how's holds.
It adopts the appropriate findings. And item 26 authorizes the execution and delivery of
housing revenue note for 55.2 million to provide financing for the project known
as 88 broadway family apartments.
>> President Yee: colleagues, can we take these items same house, same call? Without objection these items are adopted unanimously. Madam Clerk, please call item
27 and 28 together.
>> clerk: items 27 and 28 are being called together for the purpose of providing financing
for the construction of a 100% affordable housing project, no place like home. Item 27 authorizes and delegates to the mayor's office
to apply for the county noncompetitive allocation award under the california deputy of
housing and community development, and item 28 also authorizes the mayor's office to apply for a california department of housing and community development no place like home program which provides funding for counties
to develop multifamily housing
specifically for persons with serious mental illness who are
homeless, krnicily homeless or at risk of chronic homelessness.
>> President Yee: colleagues,
can we take these same house, same call? Without objection, these items are adopted nandly.
Madam Clerk, please call items number 29 and 30 together.
>> clerk: items 29 and 30 --
>> President Yee: no -- correct, 29 and 30.
>> clerk: are being called
together.
Item 29 accepts and expands a
grant in the hmm of $467,000 from the california department
of public health and item 30 is
to accept and expand a grant in
the amount of $271,000 from the
california department of rehabilitation avenueses for
the period July 1, 2019 through
June 30, 2022 and waiving indirect costs.
>> President Yee: colleagues,
can we take this same house same call?
Itemed are adopted unanimously.
Madam Clerk, please call item 31.
[Agenda Item Read].
>> President Yee: colleagues, can we take this same house, same call? Without objection, this ordinance is passed unanimously on first reading.
Madam Clerk, please call the next item.
>> clerk: item 32 is a resolution to authorize the fire department to donate a
retired ambulance to the san francisco unified school
district's health academy at
john o'connell high school.
>> President Yee: colleagues,
can we take this same house, same call? Without objection, the item is adopted unanimously.
Madam Clerk, call the next
item, please.
[Agenda Item Read].
>> President Yee: colleagues, can we take this same house, same call? Without objection, this
ordinance is passed unanimously on first reading. Madam Clerk, please call item number 34.
>> clerk: item 34 is an ordinance to amend the building
code to require vacant or
abandoned commercial storefront owners to pay annual registration fees require annual inspections of
registered vacant or abandoned storefronts, update the penalty
for violations of the requirement to register vacant
or abandoned commercial
storefronts, and affirming the planning department's
determination under ceqa.
>> President Yee: supervisor fewer?
>> Supervisor Fewer: thank you
so much, President Yee. In 2018, only 40 storefronts
registered and paid the vacant storefront registration fee in the entire city of san francisco. As part of a broader strategy
to reduce the number of vacant storefronts citywide, the
purpose of my legislation is to
increase the accuracy and effectiveness of the existing vacant storefront registerly.
Better tracking will help that
vacant storefronts are better monitored.
This legislation is the result
of months of collaborative work with small businesses and
neighborhood leaders as well as D.B.I.
I would like to thank the building commission, planning commission and the small
business association and the golden gate association for the letter they send in support of this ordinance.
No one understands the importance of this issue than
our restaurants and small businesses. I would like to thank all ten of my colleagues for
unanimously sponsoring this ordinance.
We are all looking forward to having an accurate list of
vacant ror fronts across our city. There will allow D.B.I. To better monitor and enforce the
laws and allow the office of workforce development with the resources they need to activate their spaces. This is only part of the solution, and it complements
ongoing efforts by the mayor and my colleagues.
I would like to take a moment to thank and recognize my
legislative aide, ian fragosi for his diligent work on this issue.
It is only because of his hard work that we are able to bring
this to you today with the
support of ten sponsors. I look forward to your support.
>> President Yee: thank you. Supervisor fewer, for your work on this. Colleagues, can we take this same house, same call?
Item is adopted unanimously.
Madam Clerk, call item 35.
[Agenda Item Read].
>> President Yee: colleagues, can we take this same house, same call? Without objection, the item is
passed on first reading.
Madam Clerk, call the next item, please.
[Agenda Item Read].
>> President Yee: colleagues,
can we take this same house, same call? Without objection, the motion is approved unanimously.
Madam Clerk, please call items 37 through 39 together.
>> clerk: items 37 through 39 are called together as they are three motions to appoint
members to the assessment
appeals board. [Agenda Item Read] [Agenda Item Read]
[Agenda Item Read].
>> President Yee: okay. Colleagues, can we take these items same house, same call? Without objections, these items
are approved unanimously.
Madam Clerk, please call the
next item.
[Agenda Item Read].
>> President Yee: colleagues,
can we take this item same
house -- supervisor fewer?
>> Supervisor Fewer: yes, thank you very much, President Yee. I just wanted to comment a little bit about wendy as she
is my -- I appointed her to the
prosc.
wendy has been an advocate whether it's the infrastructure programming policies, I know that wendy will ask the tough questions and make sure that the voices of communities that
have been historically been underserved will be at the table.
I work forward to working with
Miss Aragon in her role on prosc.
>> President Yee: colleagues, can we take this same house, same call?
Madam Clerk, please call the
next item.
[Agenda Item Read].
>> President Yee: supervisor fewer?
>> Supervisor Fewer: thank you, President Yee.
Kristin tieche is a seasoned
bicyclist and has been actively
engaged in improving the streets. This role will allow her to
continue and amplify her role as an advocate.
She also brings her experience and expertise as a storyteller to the committee as a bicycle
film producer and brings a lens
through gender equity in women
just want to be safe, an award winning series about biking for women. I know she will be an advocate
for safe streets and think critically about the
intersections of age, gender
and socioeconomic backgrounds
as the B.A.C. Shapes policy. Thank you very much.
>> President Yee: thank you. Colleagues, can we take this item same house, same call?
Without objection, this item is approved unanimously.
Madam Clerk, please call the next item.
[Agenda Item Read].
>> President Yee: supervisor ronen?
>> Supervisor Ronen: thank you so much.
First, I just want to say how excited I am about this
reappointment and to recognize commissioner ally
commissioner elias is in the
audience with her amazing parents, Mr. And Mrs. Elias who came here to be with her today in this really important appointment in our city.
I can't see you, cindy, but I just wanted to thank you for
this amazing work.
You know, being a police
commissioner is a tough job.
It's a job where you give so much of your volunteer time to
the city and county of san
francisco for really no compensation.
And I just wanted to recognize that I appreciate all your hard work for this commission. I also wanted to make a comment to remind us how important the police commission is.
I think it is one of the most important commissions that we have in the city and county of
san francisco, and that's
because it is a citizen's oversight committee. The way that our police
department works in the city is the mayor hires the police
chief who then runs the
department which operates as a
semi paramilitary organization
with a very clear hire erarchy. So the only voice that comes in
to provide checks and balances
on this system is the police commission. while the voice of the mayor tends to support the actions of
the department, this board gets an important three voices on
the commission. And I think that's why former supervisor malia cohen took seven hours last year to
thoroughly vet the candidates for the role on the police
commission and that this board unanimously adopted Miss Elias last year. But I have seen some actions on the police commission where the independence between the mayor's office and the commission isn't as strong as I
would like it to be.
And I think the reason we have citizen oversight of the police
department is so we have checks and balances over this
department that holds tremendous power or ver the
citizens and residents and
tourists and visitors to the city and county. I appreciate the way that cindy
has been a consistent and
independent voice on this commission, that she asks the
tough questions, she demands
equal representation both from
the board appointees as well as
the mayoral appointees, and I hope that you will continue to
be that strong, independent voice on the police commission
that stands up for the people of the city and county of san francisco. So thank you very much for your service, Miss Elias, and I'm
going to be very, very proud to
cast my vote for your
reappointment today.
>> President Yee: supervisor fewer?
>> Supervisor Fewer: thank you.
I am proud to also support incidenty cindy elias for her work on the police commission.
I know it's a job that's demanding not only emotionally but of your time. I just want to say thank you and good luck to your next
term, and I look forward to you working having been on -- being on this commission for a full term.
Thank you, cindy.
>> President Yee: supervisor safai?
>> Supervisor Safai: yes, thank you. I just want to also echo the
comments that were made. As the former chair of the
rules committee, we did convene an extensive process.
We had a series of questions, and there were multiple,
multiple applicants, and it did take about seven hours. As a former chair, I don't
think I've sat through a hearing that long or any hearing, other than a regular meeting of the board of supervisors. I want to say that by the time
that process was done, and we asked some very consistent questions, meet and confer,
position on tasers, use of force, how you plan to engage the community, how you plan to
balance the needs of the department, and/or bringing us into the 21st century, there are some commissioners that
have been there for sometime,
and cindy had -- and commissioner elias had only been there for a small amount of time. but I think in that small
amount of time she's exhibited her need to balance as many have said one of the most important commissions we have in this city and is dealing with some very cutting-edge
issues as we move into a new era I think as it pertains to use of force, engaging with the community and working with our police department who put their lives on the line every single day.
So I just want to say I'm very proud to support you. I'm really honored that your mom and dad came here today, and I'm sure that you talked
about the process that you went through.
But by the time we whittled them all down, it was very clear that commissioner elias was at the top of that class. I'm very proud to support her today and know that she will
lead with a very strong voice for the board of supervisors on the police commission.
>> President Yee: thank you.
I echo the comment that have already been made, and she's one of the few commissioners that check in with my office and we chat about issues, and that's very appreciated.
Colleagues, can we take this same house, same call? Seeing no objection, the motion is approved unanimously.
Madam Clerk, please call -- congratulations.
Please call the next item.
>> clerk: Mr. President, I
believe it is 2:30 so rather
than going to the 3:00 P.M.S,
you can go back to the 2:30s or 3:00 P.M. Commendations.
>> President Yee: I want to go to the special commendations.
>> clerk: all right.
It's time to honor our
citizens, residents, and small businesses.
>> President Yee: all right.
Supervisor fewer and stefani, please share your
commendations.
>> Supervisor Stefani: thank you, President Yee, supervisor
fewer, for allowing me to speak first. Colleagues, we all know we had
a scary moment in our city when
we had a three-alarm fire when
there was a gas explosion. Supervisor fewer were sitting in budget and finances that day.
Our aides started letting us know what was going on, and we
were absolutely concerned about the safety of residents and when the fire was going to get under control.
I think the fact that it took 2.5 hours shocked us all, but what I want to say to all of
you in the audience -- what
mayor breed stated in her state
of the city, what's wrong with san francisco can be fixed with what's right with san francisco. And I saw what's right with san francisco is how our first
responders were there, how our community partners were there,
and this is about commending you today, making sure that people were safe, and that after the fire, people were taken care of.
We are joined today by representatives of is 11 city agencies, and I also want to
say to that we are -- I mean, I'm actually shocked that nobody was injured and nobody
was killed in this explosion,
but the aftermath, people were devastated by the loss.
I spent a saturday morning with
two of the victims who lived
above hong kong lounge. I want to thank director hui for meeting me and allowing
them to go in and retrieve items. One woman came out with her dad's cub scout jacket and was moved to tear because she was able to salvage that. So just being with them and helping them get through that I think, again, shows what's right with san francisco.
So I'd like to recognize today the department of emergency management.
D.E.M. Was our umbrella organization that coordinated
all of our agencies and response.
D.E.M. Activated the emergency system, coordinated deployment
efforts with staff on-site and provided language assistance for victims and the public at the scene, and I was there with
mary ellen, and you were incredible. The san francisco fire department and fire reserves, our firefighters were on the scene for multiple hours,
working tirelessly to contain a
fire that could have spread extremely quickly to dozens
more structures in the area. Our fire department remained on
scene until the following day to ensure the completely fire was completely out and our communities were safe. I know that some of the firefighters have had resulting injuries from the resulting explosion and having to be
there, containing it for 2.5 hours. Or san francisco police department, our police officers were on scene immediately in
assisting our firefighters to secure the perimeter so they could assess the situation and keep everyone safe.
They were there into the night,
I saw them there, so the firefighters could clean the
area and direct traffic. Oewd were on-site immediately to help us connect with
businesses that were affected. They also provided language
support to the owners of hong
kong lounge, too, and to the residents who lived above them for 37 years and connected them
with H.S.A., so thank you for that. Our department of building inspection. D.B.I. Was also immediately on
scene at the fire to assess the
structural integrity of the buildings.
Deputy hui and deputy director
sweeney meet with the owners of
hong kong lounge after the fire. They provided supervision for tenants to retrieve their
belongings from the units.
Sfmta, our partners at the
M.T.A. Worked to divert traffic, the bus lines, and
were there, too.
They brought out buses to the
site to provide a safe, warm
place for people there to
gather in the bus.
Parking control officers were there to assist with traffic. Public works.
They assisted with street diverse, transported necessary equipment to the scene and conducted an inspection of the
safety of the streets. D.P.H. Was involved, providing
mutual support to D.E.M. And
was ready to treat any
potential patients affected by
the fire. Human services agency, they
were on-site, helping with red cross.
I was with them, again, at the
schildter than even, they were
ready and able to assist -- I
was with them, again, at the
site, and they were ready and able to assist.
Many agencies are still hard
work at the scene, learning how
to improve the response, improving responding to
incidents, and helping those affected.
I'm pleased with how the city responded in the aftermath of the incident. Besides the departments that
have responded, we had community partners who also stepped up. The red cross was there,
working to help displaced residents in the immediately aftermath.
They provided a hub there at
St. Mills, and medical's drive
in, the owner -- mel's driver
in, the owners allowed us to collect there. They provided a site for all of
us to gather. And lastly, month although the
owners, managers of hong kong
lounge could not be here today, they were hero I didn't care.
They helped evacuate all the diners who were in the
restaurant at the time, and
their actions helped save lives.
I know the victims of this terrible incident appreciate everything you've done. I honor your service and commend you for representing the best of our city. You all really do represent the heart of san francisco, and I think we can all take pride in your actions. We have a lot to learn.
I know we can improve upon some
of our responses after working
with the victims, but what you
all did was commendable, and I thank you from the bottom of my
heart, and with that, I would
like to invite up
chief hayes-white.
>> President Yee: before we do that, supervisor fewer?
>> Supervisor Fewer: thank you.
I'd like to associate myself
with all of supervisor stefani's comments. Although this isn't my district, it is right across the street from my district,
and we work closely with my neighborhoods there. I want to extend a heartfelt
thank you to all the agencies
that were activated to respond
to this terrifying gas sfloegs. This was an unprecedented situation in our neighborhood,
and it was due to the quick and collaborative response to this incident that the situation was able to get under control. We are truly fortunate that
there were no injuries.
I want to thank all the agencies for providing the immediate response on-site to support our residents and small businesses that were impacted and displaced and for the ongoing support following the incident to make sure that resources were available when needed.
I want to thank oewd staff for responding on-site and staying in close communication with
business owners and employees
in language to ensure that they are provided wrap jarnd assistance and connected to resources, including disaster
relief fund during this period.
Thank you to sfmta, usfta, and department of public works that
helped with the navigation of detours in the area.
This truly was an all-hands-deck effort and speaks volumes to the professionalism and interagency collaboration that we are so fortunate to have this in city.
On behalf of my residents, I
would especially like to thank san francisco fire department
station 34, station 14 and 31
for what you do on an everyday basis to protect the richmond. As the wife of a retire police
officer who served for 35 years
in the department, I know all too well our first responders
do not get enough appreciation
for the hard work they do every
day when we as civilians can
run from danger, these first responders must run toward it
to protect the public, putting their lives and safety in jeopardy.
As someone running away from danger, I want to express my deep respect for the work you
do on a daily basis, and to
offer my sincere gratitude and proerks appreciation.
Thank you very much. [Applause] >> Commissioner Hayes-White:
good afternoon, members of the
board of supervisors, joanne
hayes-white, your chief of fire
department for another 60 days.
At this time, I'd like to invite all of the firefighters present to come up and stand
with me.
This is a small sampling of the 130 firefighters that we had that day that responded to this incident. It's great to see everybody here.
Someone that couldn't be with us was the incident commander
for the day, and that was
assistant chief rex hale and
his incident support chief, but
we do have a batallion chief
here who represents all those who responded when the alarm
went off, and many others.
What you saw on the 6th -- and
thank you very much for acknowledging, supervisor steph stefani, and supervisor fewer, is not just the incredible team work of the san francisco fire department, which I'm very
proud of, but as a city, the interagency collaboration that supervisor fewer talked about. Incredible, all of the departments that stepped up,
rose to the occasion, assists us with keeping that scene as safe as possible. Miraculous that there were no
injuries, I agree with you. It was very dangerous for a period of time there, and to
me -- and it's been 29 years doing this, nothing short, like
I said, of a miracle, really, that the amount of property damage was also limited.
It could have been much further
extension, given the gas leak for over two hours and 15 minutes.
So my hat is off to all the members that I work with, and
with that, I'd like to stand --
anyone that's here that had something to do with our response that day, I would like
everyone to stand, and again, thank you very much.
[Applause] >> Commissioner Hayes-White: and I'm sure you May ask for other department heads to
approach, but it was really a textbook approach to those who responded, starting with the
D.E.M., starting with the
department of emergency modifications. From that time, to all of the agencies assisting us and to the members of the fire department for containing, suppressing that fire, I'm
grateful, and thank you very
much. >> Supervisor Ronen: .
>> Supervisor Stefani: thank you, chief.
>> President Yee: are we done?
>> Supervisor Stefani: deputy chief manning?
>> I'm going to call some people up.
Supervisor fewer and stefani, thank you very much for this recognition. The initial incident was on viewed by one of the officers
that's coming up here.
Once she on viewed that, she called into the department of emergency management immediately and it was just an amazing response by all of our city partners. And throughout the incident, which you all know went on for
quite a while, it was just a coordinated response. Everybody did a great job.
We worked so collaboratively,
as supervisor fewer said, it
was impressive. I was out there for probably 30
minutes, and it looked like an uncapped oil well.
The fire was just blazing.
Commendable job on everyone's part. Again, thank you. Very impressive, and fire was eventually extinguished, and
the officered worked very hard to get businesses and neighbors
back into their properties to
see the damage, assess the
damage, see what was going on, what had happened. To this day -- if you've driven down parker avenue, you know the southbound direction is still closed off, so the work continues today. Again, I want to thank you for
this honor, and I'm going to
bring up director carroll from
the department of emergency management.
[Applause] >> good afternoon, supervisors. Thank you, supervisor stefani and fewer. I think it's important to take the time to thank these people that do this work and this response. I just want to echo what everyone said. I won't repeat, but this was a
miracle in a lot of ways that no one was hurt.
These -- this -- these -- this is an opportunity that we can look back on, and so I just
want to assure you as we do in
every incident, department of emergency management is taking the lead on our action. We're looking for ways to improve, and I'm always thankful we can take that time, especially when we didn't have any injuries or death does. So I also want to recognize department of emergency management.
We don't wear fancy uniforms, but if everyone could standup,
and in particular, the dispatchers. I know some of the dispatchers -- here they are. So I'm so proud of this group.
I was actually on -- [Applause]
>> these folks have such an incredibly difficult job. They are full partners with our
first -- our uniformed and
sworn first responders, and you don't get to see them, although you're welcome to visit us on the 911 floor.
I happened to be on the 911 floor. It happened at the end of the day, so I got to see the calls when they came in, the great
work these folks do, the great work with P.D. And fire in the events on the floor.
And then, I did join supervisor
stefani and elly, her aide,
like, if I could hire her -- I won't, but she's really amazing when it comes to the stuff. I just want to again say thank
you and just recognize a few other people. We have a new watch center
that's part of our emergency operations center. I believe it was maybe their first day on the job?
And so they got a great first lesson.
So those folks are joe riley
who leads them, susan clarke,
paul marche, and anthony perez,
who was their first day on the job.
And then, my staff, kristin,
was first on the event to
working with P.I.O. You saw -- this was one fire
with fairly limited impact and all the coordination that has to happen. So think about a larger event, and what we're really facing, and that's what I think about
every day, so thanks so much,
and thanks so everyone here. [Applause]
>> President Yee: so what I'd
like to do -- if you could take
them outside, thank you. Next up would be -- oh, by the way, thank you for your services, y'all.
Next up would be supervisor mandelman.
Please share your commendation.
>> Supervisor Mandelman: thank
you, President Yee, and I think
I have angie stitcher and jen
meyer and daniel bergerac
working their way up.
So it is my great honor to
honor the castro artwork today.
Every month, the castro art
walk brings residents and visitors together in
celebration of art in the castro. Angie stitcher knew she wanted to create an event that encouraged visitors to enjoy
the neighborhood on foot.
In 2017, she met james
capadona, the owner of the recently opened heart attack
sf, and the two joined the castro arts association to open the first art walk in octof
that year, today, the event
features 17 artists from all
over the castro. The castro art walk aims to bring visitors to local businesses, create and foster a sense of community between merchants and residents, and keep the arts alive and well in san francisco.
Through a monthly, self-guided walk, participants get the opportunity to engage with
different art forms from drag performances to rotating
gallery exhibitions. As art walk goers stroll to
their next venue, they can
catch live music in jane warner plaza. If you've never been, you're missing out, but not to fear.
The next castro art walk takes
place this thursday from 6:00 to 9:00 P.M. Put it in your calendars.
Here to accept the certificate
of honor are angie stitcher,
and I don't think we have jen
meyer, although she is amazing,
but we do have daniel bergerac,
director of castro art, who is amazing. >> thank you.
It's my honor and pleasure to accept this on behalf of not
only the castro merchants, but
the members who are dedicated to the castro art walk every month.
I'm happy to nounce that we've increased the number of
businesses in the first 18 months of the walk. Gebhard,
again, it's every first thursday, so join us for an exciting night in our neighborhood. >> I just want to thank angie so much.
When angie came and wanted to join the board of castro merchants, I said what do you want to accomplish, and angie said, I want to bring art to
the neighborhood, and angie has
certainly accomplished that.
Thank you so much.
[Inaudible]
>> President Yee: excuse me. [Inaudible]
>> President Yee: so that
concludes our special
commendations for today.
Madam Clerk, can we go back to item 15?
>> clerk: yes, Mr. President.
Item 15 is the retroactive
accept and expand grant for
domestic violence program does in the amount of 3 # 85,000 and
the amendment of one salary
position.
>> President Yee: supervisor safai?
>> Supervisor Safai: yes. Thank you, President Yee. Before I was able to say some wonderful things about this
grant, we had the questions
with retroactivity and applicablity, applicablity. >> .
>> Commissioner Murase: it's a multisector collaborative.
We will be working with young
community developers and vacat --
>> Supervisor Peskin: Mr. President, I just -- if I May.
We just have one easy question.
We all know --
>> President Yee: supervisor peskin, supervisor peskin, do
we need a presentation, is that the question?
>> Supervisor Safai: no, I'm sorry. so the question is, through the
chair --
>> President Yee: thank you.
>> Supervisor Safai: -- has anybody been hired under this grant?
>> Commissioner Murase: nobody has been hired because this is first reading.
I'm waiting for second reading. I'm happy to go through the timeline for approval?
>> President Yee: I don't think that's necessary. We just wanted to know if the
person has been hired or not.
>> Supervisor Safai: sorry. I just wanted to say if that was okay with the chair and supervisor peskin, I'm going to say some of things that you were going to say.
This $400,000 grant is in
response to the need and the necessity for us to bring together a collaborative process to deal with the issue of domestic violence that's
still prevalent in our city. The department of women is
going to convene that process
and lead many developers and all the organizations working with youth are going to convene and do training.
There is a need to hire a part-time person. That part-time person has not been hired.
Thank you, commissioner merase. This is a highly competitive grant, and san francisco was chosen among a whole host of
people that had applied for this.
>> President Yee: supervisor walton?
>> Supervisor Walton: thank you, President Yee.
I'd like to recuse myself from
this vote because colleagues will be receiving funds from this grant yeeg yeeg
colleagues, can we have a motion to clues
exclude supervisor
walton?
Can we have a roll call on the
motion to excuse supervisor walton?
>> clerk: yes.
On the motion to excuse
supervisor walton --
[Roll Call]
>> clerk: there are nine ayes
and two absences.
>> President Yee: the item passes. So can we take item 19.
>> clerk: yes, Mr. President, and just a correction, there
are eight ayes.
>> President Yee: eight ayes.
>> clerk: so on the item --
[Roll
[Roll Call]
>> clerk: there are eight ayes.
>> President Yee: this
resolution is adopted, 8-0,
so -- [Gavel].
>> President Yee: this -- let's
go to our 3:00 special order.
>> clerk: items 43 through 46 kpriez
comprise the hearing of persons
interested in public works of
March 5, 2019 the appeal of
tentative map approval 630 natoma street.
Item 44 is the decision, and
item 45 is the disapproval decision, and 46 is the preparation of findings.
>> President Yee: colleagues, this item is withdrawn, so supervisor haney, do you have any remarks that you would like to share?
>> Supervisor Haney: no, I would just like to ask for us
to approve item 44 and table
items 45 and 46.
>> President Yee: okay. And before we take action, do we have any members of the
public who want to speak on
this particular item?
>> my name is luke stickney,
and I am a resident of district
six since 1993, and I've had a
business there since 2004.
I am 50% owner of this condominium development at 630 natoma street. Unfortunately, I wasn't here last meeting because I was out of the country, but I was very disappointed to here that this
motion was stayed. I don't think that the supervisors understand that the
cost -- how expensive it is to develop property in this town, and the extension of this
decision added $25,000 in carrying costs to my project.
So if the vote is going to be
against item 44, I just want you guys to understand that as
a resident of district six, I look at it as this is a vote against affordable housing.
You're adding costs to the project by voting this project down.
I'd like you to consider the facts that these decisions you
make are adding more money to the condominiums that are being built in this town. That's all I have to say. Thank you.
>> President Yee: okay. Any other public comment on
this item? Seeing none, public comment is now closed. [Gavel].
>> President Yee: supervisor haney made a motion to approve
item 44 and to table items 45 and 46.
Is there a second?
Seconded by supervisor peskin.
I believe we need to take a roll call on this one.
>> clerk: that's correct, Mr. President.
[Roll [Roll Call]
>> clerk: on the motion to
approve item 44 and table items
45 and 46 -- there are 11 ayes.
>> President Yee: okay.
Item 44 is approved
unanimously, and items 45 and 46 are tabled.
>> President Yee: Madam Clerk, please call items 47 through 50.
>> clerk: public hearing of
personed interested in the
determination of exemption under environmental review
under california environmental
quality act issued by the
planning department on 2831-2833 pierce street.
>> President Yee: okay. Colleagues, we have before us
an appeal to the determination of exemption from an environmental review for the
project at 2831-2833 pierce street in district two.
For this hearing, we will be
considering the adequacy, accuracy, and completeness of the planning department's environmental review determination for the project
at 2831-2833 pierce street. Then, without objection, we
will proceed as follows: up to ten minutes for a presentation
by the appellants or appellant's representative.
Up to two minutes for speakers in support of the P.U.'s, up to ten minutes for presentation by the planning department, up to ten minutes for the project sponsor or their
representative, and two minutes
per speaker in opposition to
the P.U.S, and finally, up to three minutes for rebuttal by
the appellants or appellant's representatives. Colleagues, are there any objections to proceeding this way? Seeing no objection, the public hearing is now open.
Supervisor stefani, do you have
any remarks you would like to
share? >> Supervisor Stefani: President Yee, not at this time. I'll withhold until the end of the hearing.
>> President Yee: okay. And seeing no names of my
colleagues on the roster, I'll
now ask the appellant to come forward and present their case.
You have up to ten minutes. >> I want to first thank the supervisors for giving me this chance to make a case for
saving this historic building in my neighborhood.
This is really a guest of san francisco governance, and I'm extremely grateful.
While trying to save this
historic building that has
stood as an integral part of
the cow hollow neighborhood for 70 years, I'm trying to save special historic qualities of the neighborhood. As you can imagine, those are thinning year by year, and this is a story that is probably
repeating itself across the city. i also just really quickly want to add, before I begin with
specifics, that the owner can
achieve his principle project goals while preserving the
historic envelope of 2831 pierce street, so there's no reason to destroy the envelope
itself in order to double the
square footage, significantly enlarge the footprint of the
building, and convert a two-unit building into a single-family home, so all of
this can be achieved while maintaining this historic envelope. So I think the most important document at this hearing is
without a doubt the ceqa exemption determination, and the most important question that was raised in this
document is whether 2831 pierce
is a fully realized stream lined modern building rather than a partially realized
stream lined modern building. Or to use another term actually stated by the planning department, a variation.
So while my appeal showed the
fulfillment of three separate criteria that recognized -- well, for the recognition of a
historic resource, the third criteria has been the focal
point of all of our documentation and of my appeal and then also the hearing today.
And that criteria is around design. And to state the exact definition of that criteria in
the ceqa law, this is whether a
building embodies the distinctive characters of a type, period, region or method of construction.
so the planning department, in its exemption determination, determined that 2831 pierce is
not a fully realized stream lined modern building on the
basis of the reports of two consultants who were
commissioned by the owner to produce their work for the owner. So if you don't mind my reading
just from the very first line
of the only comments included in the ceqa determination, according to the supplement cal
information for historic
resource determination, the
historic resource evaluation,
and information found in the planning department files, so the document then just continues with a few descriptions of the building.
I just wanted to point out that
rodrigo santos is the
structural engineer on the 2831
project. Some of you May also be familiar with Mr. Santos' name because he's currently being
sued by the city for falsify be permit applications. Richard brandy is the other
person mentioned, his report,
as having been the basis for
the ceqa exemption determination.
Here's the cover letter of that report, and it states very clearly on the front that the
report was conducted for kent pen
penwell, the owner of 2831 pierce.
So I just wanted to note that
the explicit bias in the consultant's work can be very easily imagined.
I think what's much less easy to understand and to imagine is
why the planning department would use this work and pass it
off as part of their own
objective analysis. The planning department did add new material in their response,
which is extremely helpful because it does represent some
additional research, and it does therefore represent some objective analysis.
And if it's possible, supervisors, I was hoping you might be able to turn to the last page of my appeal to look
at the two photos at the top of
that appeal letter which shows
the subject property. What the planning department aimed to do in their response
was to bolster the argument made in their exemption
determination that the ocean
park motel pictured here is an outstanding example of stream
lined modern architecture.
This is a building built by conrad kett.
However, they argued that 2831 pierce, built by the same architect, conrad kett, is only
a variation, and they did this
in their response by providing
a list of primary defining
features of stream lined architecture. I hope you don't mind if I just read seven of these features
that are very clearly present in this subject building, 2831 pierce, and I'm going to add an eighth that I do feel they left out.
So if you do look at these
photos, you will see speed
lines, which are bands of horizontal typing.
You will see horizontal ribbon
windows, smooth stucco walls,
wraparound windows at the corner.
You can also see a general
absence of historically derived
orientation, and the asymmetrical facade.
And the eighth item which was left out but has been included
in other city planning
documentation is a recessed
entry covered by a cantilevered canopy. So you can see that clearly in 2831 pierce.
So if we are to get into the real details of whether this is
a fully realized stream lined
modern building or a partially
realized, I think if you count eight primary features out of a list of 12. It would be only fair to say
this is in fact a stream lined modern building.
As I stated in my appeal,
stream lined modern is a very
rare and a special type of architecture in san francisco with very few examples across the city.
I had highlighted in my appeal letter a california state document that discussed the very special nature of stream lined modern and sought
historic resource status for
the coca-cola bottling factory at 1500 mission street.
I was really surprised to learn that since the time of my
writing this appeal letter, that state document has been
taken down from the planning website, to no longer be found
anywhere on the web, and the coca-cola bottling factory has
been largely destroyed by an important mixed-use development.
I also learned a few other very
extraordinary things last week
since the continuance was requested, which is that this very large mixed-use development that gutted the
coca-cola bottling factory will
contain the new offices of the
planning department and this
mixed-use development is being
financed by deutsche bank, the pierce project owner's place of work.
So I couldn't help but wonder is it at all possible that the
owner of 2831 pierce, as a
deutsche bank employee, got easier approval for his project than others might have.
And I just wanted to finish on one note. One of the principle purposes
of a planning department is to enhance the unique qualities of a city and to guide the city in
a way that preserves its cultural heritage.
For disclosure, I happen to
know this because I have an
urban planning degree myself.
So I'm asking you to help preserve one of these rare
modern stream lined buildings,
and at the very least, to preserve its envelope. It should not be possible for
the planning department in
combination with deutsche bank,
to demolish two modern steam
lined buildings in one year. Thank you.
>> President Yee: thank you.
Are there any questions from my colleagues? I will ask if there are any public comments specifically for those who would like to
speak in support of the appeal? Seeing none, then, the public
comment for that is closed.
So I guess we should be calling
up representative or the owner. i'm sorry. Now, we have to have up to ten
minutes for the planning department. >> good afternoon, President
Yee and members of the board of
supervisors. I am stephanie sis cisneros from
the planning department, and
joining me is debra dwyer, principle planner.
The item before you is a
categorical exemption for 2831
through 2833 pierce street.
It is between union and green streets.
The proposed projects includes interior and exterior alterations to the subject
building and also includes a horizontal and vertical addition.
The resulting building would be four stories and 40 feet tall and would continue to provide two residential units.
And just as one note of correction, the engineer on file for the proposed project
is no longer rodrigo santos. The project has undergone substantial modifications since
it was initially submitted in 2016. The project was originally proposed to demolish the existing two-unit resident and construct a new two-unit resident but was later modified
to no longer include demolition. Three discretionary review applications were filed on the modified project. At the discretionary review hearing before the planning commission, planning staff acknowledged that the three D.R. Filers and the project sponsor had come to an
agreement on modifications to the project to address concerns raised by the D.R. Filers. The currently proposed project
is the result of this agreement. The decision before the board
today is whether to uphold the department's determination that
the project is exempt from
environmental review or to overturn the determination and
return the project to the department for additional environmental review.
The guidelines under the california environmental
quality act, or ceqa, provide a list of classes of projects
that have been determined to
not have significant impact on the environment and are there
exempt from ceqa review. Specifically class one for existing facilities allows for
the modifications to an existing structure that involve interior and exterior alterations and additions under 10,000 square feet. The project fits within this exemption class as the
additional square footage provided would be approximately
3,000 square feet.
Additionally, the ceqa giet
lines specified exceptions to the use of categorical exceptions. For class one, the exceptions include whether the project could have a accumulative impact, have a significant effect due to unusual circumstances, damage a seenic
resource, be located on a
hazardous waste site or would
adversely affect a historical resource. although not ex-mistily stated in the appeal letter, the department understands that the appellants disagree with the department ease determination that the existing building is
not a historical resource. As part of the environmental
review process and due to the age of the building, the
department required a historic resource evaluation of the property.
To aid in that, a qualified
consultant prepared a historic resource evaluation. The department reviewed this
report as well as a supplemental information for historic resource application submitted along with additional information sent to the department from a concerned neighborhood. This latter information was also provided in the appeal letter. As part of the department's
standard evaluation methodology for potential historic resources, the department assessed whether or not the subject building would qualify
for inclusion on the california
register of historical
resources by meeting any of the four significant criteria.
The four criteria are as
follows: in association with
events that have made a significant contribution to the broad path of california
history, the structure embodying distinctive characteristics of architectural design or whether
the property has yielded or May yield information important to
history or prehistory.
As articulated in the appeal response, the department reviewed all submitted
information and found that the subject property does not meet any of these criteria. No significant events were
found to have occurred at the subject property, none of the
subject property's owners or occupants were identified as having made significant contributions to local, state or national history.
The property was not found to
be an outstanding example of
architect conrad kett's work, nor that he was such an
important architect to
influence modern state or local trends. Here is a brief slide showing
the character defining features
of stream line modern architecture which include
rounded corners and curb
surfaces, horizontal ribbon
windows, and curved metal balconette balconettes and railings.
It does not exhibit the
horizontal orientation, curved
surfaces or horizontal ribbon windows that one would expect
of this style. Here is some additional images of fine examples of this
architectural style located in
san francisco. While the substance property is
located within the boundaries
of the cow hollow neighborhood,
it is not located within the
boundaries of any identified
historic district. The subject property does not fit within the significance
criteria of this district nor does its construction date fit
within the identified period of
significance, which is 1888 through 1914.
In reviewing the documents and information submitted, the department concluded that the
building at 2831 through 2833 pierce street does not meet any of the criteria and is not eligible for listing in the
california register.
As such, the property is not a
historical resource under ceqa. Therefore, the department
respectfully recommends that the board uphold the finding
and deny the ceqa determination. -- finding of the planning
department and deny the ceqa determination. Thank you.
>> President Yee: thank you.
Are there any questions? Supervisor peskin.
>> Supervisor Peskin: thank you for that presentation.
In the independent work that
the department did relative to
the roberts motel, do you want to respond to that?
>> with regard to --
>> Supervisor Peskin: seven of
the elements that the appellant brought up? >> sure. So if I can go back to this slide. We've looked at the primary character defining features as well as the secondary character defining features of the stream
lined modern style which are
included in the department's
response, and we're able to
identify that there are certain features that the subject property does carry over,
however, it's not a majority
expression of these detailed combined.
>> Supervisor Peskin: what I'm specifically referring to is
the last page, in the upper left-hand corner.
I don't have a hard copy, but
was the motel in the outer sunset, out by sloat boulevard which was designed by the same individual that was the
contention of Miss Anderson? >> right.
So that motel -- the design of
the motel does include numerous
other features of the stream
lined modern architectural striel style and is one that we considered more of the subject
style as opposed to the subject property.
>> Supervisor Peskin: and relative to the contention of the appellant about -- well,
let me state -- ask this differently.
When somebody prepares this historical analysis, is it prepared for the department or
is it prepared for the project sponsor? >> it is prepared for the department, and the first
submittal of the report is
submitted directly to the department.
>> Supervisor Peskin: so -- but Miss Anderson showed that the report was actually prepared
for the property owner, not for
the department.
>> it was, so it is the -- the consultant is hired by the property owner, however, the report is prepared on the
grounds that the department is requesting the report to be
prepared, so it's actually prepared for the department and it's submitted to the department prior to or at the
same time as it's submitted to
the owner or the requester.
>> Supervisor Peskin: does
other staff want to add or subtract? >> yes.
Debra dwyer, through the area.
So we do -- I do believe that we should clear up our procedures, but the way that
our process is setup, the
analysis is prepared for the
department and it is scoped and
reviewed extensively by the presentation staff at the department. However, the property owner
does pay for the report? However, everything is reviewed
completely by the department
and we would make comments if we disagreed or found errors
that it wasn't up to standards.
>> Supervisor Peskin: and is the professional instructed by the project sponsor or the
project sponsor's people?
>> they May -- it depends. They May be contacted by the
property owner initially, but the scope of the work must be
approved by the department.
>> Supervisor Peskin: okay. And the appellant also raised
some questions with regard to
Mr. Santos who is not a
historic preservation
professional as allegedly an
engineer, or maybe for a while longer.
Did Mr. Santos hire Mr. Brandy?
Does Mr. Brandy work for Mr. Santos? That's kind of what I read in there.
>> so I'd like to clarify, there were actually two different submittals? One is the historic resource evaluation report, which was
prepared by Mr. Brandy, and i do believe the property owner contacted that -- him from our
qualified list, but we can clarify that.
The second is that we do
require supplemental historic information, and that is a separate application which is
sometimes prepared by a project sponsor acting on behalf of the property owner?
In this case, that supplemental
packet which involves, you
know, collecting san born maps, going through the building
permit history, compiling a bunch of resource information from the public library or other sources, and we have detailed instructions on how to
do that on our website, so that could easily -- that, I
believe, was done by Mr. Santos.
>> Supervisor Peskin: and he does not have to be on the list of qualified historic preservation professionals?
>> no. A property owner can do that themselves.
>> Supervisor Peskin: thank you. I will say that it did jump out
at me, when it said santos on there, it mate
de me worry.
>> President Yee: supervisor stefani?
>> Supervisor Stefani: thank you, President Yee.
Just to follow up on a few
questions asked by supervisor peskin. Did the project department hire someone that the planning department recommended?
Is there a list of people that you hire. >> with regard to historic preservation consultants?
>> Supervisor Stefani: yes. >> we do have a list of qualified consultants that have been vetted through by the department, and in this
situation, we allow project sponsors to -- or property owners to choose from that list
of qualified consultants.
>> Supervisor Stefani: so in doing that, would you agree
that a project sponsor would likely rely on the opinion of that person as to be someone -- something that the planning
department would approve of?
>> generally, yes with the
understanding that we May not
agree with the consultant's findings or we May have some
level of discussion as to where the information they produced was received from or requested any additional information we
feel is missing but it pertinent to our review.
>> Supervisor Stefani: what if a project sponsor hired someone
you'd never heard of or wasn't on your list?
>> I believe we would do some some level of background research to figure out if this
person -- if the consultant
meets our standards and meets the secretary of the interior
standards, which is what we base our qualifications on for
including consultants on our list? We May take the information
provided in that particular report and ask it to be peer
reviewed by a qualified consultant that is on our list? But we wouldn't completely disregard the information, we would just want to verify that the information is accurate.
>> Supervisor Stefani: and based on some of the questions that came up in this case, did
you seek a second opinion on the historic resource evaluation?
>> we did seek a second opinion
from a dokomomo organization?
It's a local advocacy nonprofit that works towards preserving
and enhancing the knowledge of
modern architecture, both
locally and globally? We did consult with the northern california chapter of
this organization who concurred
with the findings that this building is not a significant architectural resource.
>> Supervisor Stefani: thank you.
>> President Yee: okay. Seeing no other questions, I think I will call up the project sponsor or the real party interest to speak for up
to ten minutes. >> thank you. Good afternoon, President Yee
and board members, tar asullivan
tar -- tar
asullivan on behalf of the project sponsors.
The issue before you is whether a callical class one exemption is supported by substantial
evidence.
The May 2018 exemption found that the project would be have a significant impact on the environment.
It determined in September 2017 that the 1949 building did not qualify as a historic resource.
As such, the alterations cannot have a significant impact under ceqa. The department's preservation experts determined this based on the historic resource evaluation prepared by a qualified preservation consultant, the history of the
cow hollow neighborhood and historical documents in the
department's files and the same data provided in this appeal which was provided by the appellant to planning. The appellant in its short appeal filing contends that the department erred in its
analysis that the department is a historic resource. They still believe that the
project qualifies for the california department of historical resources.
For the board to uphold this
appeal, you must find that the
appellant has provided significant evidence or new
information that the board did
not have to consider in its review.
Under the ceqa guidelines,
substantial evidence includes facts, reasonable sujs assumptions predicated upon facts and expert opinion supported by
facts.
They go onto state what does not constitute that evidence. The appellants have not provided any of this evidence.
They submitted a three-page document with much of the same information that was submitted
to the department in September 2017. The new facts supplied here with photographs of the property, its neighbors, and a
photo of a building by the same architect.
There are statements that the property has fine horizontal
and corner detailing, but these
are mere opinions, nowhere in
the statement does the
appellant provide findings by a state historic expert or information provided to the
department in 2017. The new substantial evidence
provided by the appellant
amounts to mere photographs and unsubstantiated opinion.
If you review the preservation team review form from September 2017, you will see that the staff did a thorough analysis of this property. Their analysis is based on
conclusions drawn from the facts, including information
supplied by the appellant as
well as staff, and experts. Their analysis more than adequately supports the conclusion that the property is not a historic resource.
Given the thoroughness of their department's review, appellant fails to provide new substantial evidence to the contrary.
Under ceqa, the fact that the appellant thinks the property
should be a historic resource is not sufficient substantial evidence that would lead to a different conclusion. Based on all of this, the
appeal should be denied and the categorical exemption upheld.
The appellant has not provided
any new evidence beyond mere speculation and opinion. We respectfully ask that the
board deny the appeal and uphold the exemption.
I'm available for any questions if you have any.
Thank you.
>> President Yee: any questions? Okay.
seeing no names on the roster, colleagues, at this time, I
will invite members of the public who wish to speak in
opposition of the appeal to please come forward.
You have up to two minutes. Okay. No speakers?
Then public comment is now closed. [Gavel].
>> President Yee: lastly, I would invite the appellant to present a rebuttal argument.
You will have up to three minutes.
>> at the danger of repeating myself, I want to say again,
we're really just haggling over
the quality of this stream lined modern building based on
facts provided by the planning department in their response
which are the primary defining features of stream line modern.
So I really do implore all the supervisors to look at that list.
I found eight that are clearly evident in this conrad kek tt building, and I also wanted to
add to some of the rather derogatory comments of the representative of the project sponsor. If richard brandy is an expert,
given his master's in architectural preservation,
then I could be considered as expert, as well, given my
master's in urban planning, so
I hope that does at least add a little bit of weight to what I
think is a very fair and objective assessment that this
building is as valuable as the
ocean park motel, which was considered an outstanding of fully realized stream line
modern by the planning department.
So they're hedging on the value
of 2831 pierce, and I do not know why.
Perhaps they could tell us.
>> President Yee: okay. Thank you.
This public hearing, item number 47b, has been heard and
now closed. We -- 47, has been heard and
now closed.
Colleagues, we now have items 48, 49, and 50 before us.
Supervisor stefani, do you have any final remarks?
>> Supervisor Stefani: thank you, President Yee. Colleagues, as you know, the only issue before us is whether the planning department correctly issued the categorical exemption in this
case, and in my opinion,
there's no substantial evidence that has been presented that would warrant preparation of further environmental review.
I say this based on not only
the first report that was --
that relied upon by the
planning department, the H.R.A.
Report, but also in a follow up
e-mail which I read something from dokomomo, where he said
conrad t. Kett has not been
identified as a master architect.
None of the exemptions or exceptions
exceptions specified in ceqa guidelines prohibiting the use
of a categorical exemption are applicable to the project. Specifically, the project does
not meet the definition of a historical resource under ceqa guidelines.
property is located out of the
cow hollow first bay traditional historic district which was previously found to
be eligible for listing on the
california register. None of the property's occupants
occupants were have found to make significant contributions, and while the subject property exhibits some of the identifies
features of stream lined modern
style such as horizontal
orientation and an asymmetrical facade, it does not include enough of the described
features in my opinion to be
considered a fully realized example.
And therefore, I believe the appellant has not provided any substantial evidence or expert
opinion to refute the conclusions of the planning
department based on not only the planning department's review but the second opinion that I referred to.
For these reasons, I agree with
the planning department's determination that the project
is callicly exempt under ceqa.
I would like to make a motion
to move -- categorically exempt
under ceqa.
I would like to make a motion
to move item 47 forward and
table items 49 and 50.
>> President Yee: thank you. Supervisor peskin?
>> Supervisor Peskin: I would echo those statements, and say
the only thing I disagree with
is having found the property designed by a master architect.
But I think the dokomomo review
sealed it for me, so I can -- I can vote on this in the affirmative.
>> President Yee: okay. Thank you. So there's been a motion made by supervisor stefani and
seconded by supervisor peskin?
Can we take this motion without objection?
Without objection, item 48 is
approved and items 49 and 50
are tabled.
Colleagues, the item is finally affirmed.
Madam Clerk, let's go to items
51 and 52. [Agenda Item Read]
[Agenda Item Read].
>> President Yee: okay, colleagues, can we take these items same house, same call?
>> clerk: I believe supervisor
haney has amendments to item 52.
>> President Yee: okay. Supervisor haney?
>> Supervisor Haney: yes. We have very minor amendment at the suggestion of the city attorney. I believe it's just passed out
to everybody.
It's going to delete an incorrect reference on page two to the historic preservation
commission's findings, and I
want to move to make those amendments.
>> President Yee: okay. Supervisor peskin?
>> Supervisor Peskin: I -- that's fine.
I just want to say for the record that this historic preservation commission did review this and did recommend it, so this is just an issue with regard to the planning
code section 302 findings. I didn't want anybody to get
the impression that the historic preservation commission which has jurisdiction over some of the
these issues did not review it. They did.
>> President Yee: okay. So any other comments?
Seeing none, then, let's take item 51 first.
Can we take this item same house, same call?
Seeing no objection, then, this
item, this is passed unanimously, first reading. [Gavel].
>> President Yee: item 52, colleagues, there's been a motion to make an amendment by supervisor haney. Is there a second? Seconded by supervisor walton. Can we take the amendments without objection? Without objection, then, the
motion passes for amendments. Colleagues, can we take this same house, same call for item
number 52 as amended? Okay.
Supervisor haney, are you
speaking still? Okay.
Then without objection, then, this item 52 is -- this
ordinance is passed as amended. [Gavel].
>> President Yee: -- on first reading. Okay. Where are we?
Let's see -- oh, Madam Clerk,
please call items 53 through 55 together.
>> clerk: Mr. President, we have items 51 and 52.
We just did those, correct, and so item --
>> President Yee: 53 through 55 together.
>> clerk: 53 through 55 were considered by the rules commit ae at a regular meeting on monday, March 4 and were forwarded as committee reports and were recommended as amended with new titles.
Item 53 is a motion to approve
the mayor's nomination of richard johns to the historic
preservation committee for a
term enter ending December 31,
2022, and for item 52, motion
to approve the mayor's
nomination of kate black to the his torque preservation commit,
term ending December 31, 2022, and item 55, motion to approve
the mayor's nomination of
andrew wolfram to the his toric preservation committee for a
term ending December 31, 2022.
>> President Yee: thank you.
Can we take this same house, same call?
Seeing no objection, the items
are unanimously approved. .
[Please stand by]
.
>> Supervisor Ronen: the rest I submit.
>> clerk: thank you. Supervisor.
Supervisor safai?
>> Supervisor Safai: sorry. Wrong button. Thank you. Okay. I have two items today that I'd -- colleagues, that I'd
like to introduce, the first of
which is a resolution, and
thank you to all your
cosponsors for supporting that
resolution, peskin, brown, walton, ronen, and fewer.
This has to do with the ongoing
negotiations between ufc local 648 and walgreens.
This has dragged on for over a year. we are urging in this
resolution that both parties,
both walgreens boots alliance
engage in good faith
negotiations. In 2018, they published its
fourth quarter earnings fiscal
report, and sales were
11.5 billion, and they've -- $131.5 billion, and they've been at the table negotiating with our union brothers and
sisters for over a year. So our resolution urges with
respect to wages, paid time
off, health care, and no take aways, so we urge both parties
to engage in good faith negotiations and reach a conclusion. Second, in both a follow up to
supervisor ronen and I called
for a few months ago, and we
had most recently an incident
that happened in my district at balboa high school. We had a hearing, that hearing
was filed as it pertained to the memorandum of understanding between unified school district and the police department.
We've been informed from the police department and the school district that there have
been some ongoing improvements.
We would like to bring those improvements in conversation into the light of day. I know that President Yee has
called for the convening of a
joint committee and reigniting
a joint committee between the school district and the board of supervisors. That will be happening in the next few months, so hopefully there will be one of the first -- this will be one of the first items heard there,
and the police department will
enlighten us in how this memorandum of understanding has
been utilized, improved, and
strengthened as a result of this. We think that some really
positive things have come out of these conversations, and we wanted to have a follow up hearing on that. Those are the hearings that I wanted to ask. The rest I submit.
>> clerk: thank you, supervisor.
>> Supervisor Safai: oh, just one other thing. That was myself and supervisor
walton that are calling for
that hearing between the school district and the police department on the M.O.U. The rest I submit.
>> clerk: supervisor stefani. Okay. Thank you.
Supervisor walton?
>> Supervisor Walton: thank you, Madam Clerk.
Today, I'm introducing two
resolutions that will enable
the construction of 167 units
of affordable housing of the
sunnydale hope sf project. Each ak required the acquisition of two small parcels of land located at the current end of sunrise way
adjacent to the sunnydale project. The acquired land will be used in the construction of an
extension of sunrise way into
the sunnydale project. Development has worked with mercy housing to communicate with homeowners with a
translator and to retain a pro
bono attorney representing the homeowners interest.
the agreement and terms are
identical for each homeowner. The rest I submit.
>> clerk: thank you, supervisor. President Yee?
>> President Yee: thank you. I'm submitting ledge gislation to create the committee that would include the board of supervisors, board of education
and the board of the community college, so the rest I submit.
>> clerk: thank you, Mr. President.
Supervisor brown?
>> Supervisor Brown: yes, thank you.
Today, I have two pieces.
One is an in memorial, and I'm so sad about this particular person because I admired him from afar.
He's an artist.
We lost a loving member of our community last month, Mr. Eugene e. White.
On February 8, 2019, Mr. White
transcended with his wife by his side.
He was a devoted husband of 48 years, daughter tracey, grandfather, friend, artist, and neighbor.
Eugene e. White was born in
1933 in rural arkansas -- or arkansas.
The son of a share cropper, he
studied agriculture and often
worked in the cotton fields with his father. Though he received no formal
training, eugene showed an incredible aptude for painting at an early age. He chased his creative pursuits
all the way to detroit where he
completed design sketches for cadillac. in 1958, he continued west,
settling in san francisco and starting his own business.
He loved the independence of
freedom of being his own boss,
so he opened the first black
owned art gallery in the city. White's first public art show
was in golden gate park, haul
of flowers, in 1964.
Mr. White's artwork and
writings would carrie him
across the united states and the world.
He displayed his work in
historic festivals in chicago, nigeria, and france. In 1983, he became the first
black artist to display his
work at the monterey jazz festival.
Mr. White's work is a testament to his devotion to black art, culture, and life.
His large canvass documented everyday people in san francisco where he lived and worked for over 60 years.
His paintings tell the struggles of black struggle and joy. He painted every aspect of the human condition, from children
at play to adults at work and
elderly at rest, but mostly exclusively painting black folk.
His artwork was a revolutionary
act in itself in the black
revolutionary eras.
From 1979 to 2012, white also
published a ground breaking magazine, distributed both locally and nationally, and was intended to spread the word of after can american artists, writers, and thinkers.
White also published an auto
biography in 2004. Mr. White was a beloved leader in the western addition and
fillmore community.
He regularly displayed his work at the buchanan mall.
Two of his murals have graced
the community center's walls,
one entitled JUNETEENth, is still on view today.
Today, white's paintings and prints on permanent display at
the gallery and at oakland museum of california.
In recognition of many
contributions to the african american community. Mr. White leaves behind a beautiful legacy.
He will be remembered as a
champion of black soul, art,
beauty, and truth for generations to come.
Today, I'm introducing a resolution urging the U.S.
Department of health and human ssts services to rescind newly erected barriers for women,
teens and men seeking time sensitive and essential health care.
Their new revised regulations will take away funding for family planning clinics where abortion is one of the methods
of family planning offered to
patients, create a gag rule
bars federally funded family planning clinics from referring women for abortions.
This is a gag rule which
compromises medical ethics and
potentially endangers the lives
of patients.
The gag rule is unethical, according to the american
medical association. Nearly 20,000 low-income san franciscans receive family
planning and related health
services at title 10 funded clinics. Over half are uninsured, and
more than 77% earn below 150% of the federal poverty level.
Now regulations are likely to
force clinics to have to choose between providing comprehensive health care and getting public funding. Clinics in san francisco, planned patient hood in
district nine, asian pacific islander wellness center in district six, the women's
community clinics in district
five and nine, and with my
experience and involvement in
the women's community clinic in d-5, I know not only they
provide women with -- for reproductive services, they provide general women's health care. So doctors in the women's
clinics have told me stories about some women coming in for reproductive services and
through a physical exam have found more serious health issues.
The women's clinic has the
philosophy that if -- if the
woman of the household is
unhealthy, the withhold family suffers.
And for me, that -- that's really personal because I think
a lot of you know that -- and
some of you know that my mom passed away when I was 14, but
probably not how and why. One day, she woke up with a stomachache, and it -- she
was -- it -- she had it for a
few days, and she didn't go to the doctor. She didn't go to the doctor
because we didn't have health insurance and we didn't have
money to go to the doctor.
it got worse, she was in bed doubled over. People came and gave her what they could to help. They gave her painkillers, and
as it was getting worse, days
went on, and when they
realized, she started vomiting
up her bile, and they put her
in a car and drove hours to an emergency room that would take her.
And on the way to the hospital,
she was saying don't take me.
I don't have the money.
She went into the hospital, and
they released she had diabetes.
It had been undiagnosed for
years, had been -- had it so long that -- undiagnosed that
her organs had been shutting
down, and what had happened as
she was laying in bed in pain, her colon burst, and so she was in the hospital for about a
month, and then, she got gangrene in her abdomen, and that was probably -- she lasted
another two weeks. And at that time, when my
mother passed away at 40 years
old, that changed my life
forever and made me -- I made decisions good and bad because of the issues and effects of
losing my mother in such a
traumatic way. So my mother passed away --
when she passed away at 40, I
feel that if my advocacy today
can save one friend, one
sister, one daughter, one
mother, it's been worth reliving my painful experience as a child.
Yesterday, california and 20 other states sued the federal government, seeking an injunction.
I would like to thank all my colleagues here today for
signing onto this resolution.
The rest I submission.
>> clerk: thank you, supervisor brown. Tender comments to beloved individuals will always be remembered. Supervisor fewer?
>> Supervisor Fewer: thank you very much, Madam Clerk. Colleagues, today I'm introducing a hearing on the practice of classifying employees as exempt, excluding
a number of city workers from the civil service system.
I am concerned about the
increasing use and misuse of civil service exclusions among city departments and the impact this has on both our civil
service system as well as on the exempt and permanent civil service city workers. Employees in exempt positions do not have the same
protections as other stye workers.
Exempt employees are at will,
meaning they can be terminated
at any time for any reason or no reason. This May increase the potential
for gender and race discrimination in city government creating
environments where employees are fearful to speak out.
I am worried that the misuse of
exempt employees under mines
the integrity of the civil service system. Managers can hire people into
exempt positions with little oversight and accountability. Exempt positions with excluded
from the order of layoffs in civil service.
Job announcements for exempt positions contain language speaking to the limited nature of the employment which can
limit the number of applicants. Civil service jobs in san francisco provide a real pathway for economic stability for thousands of people and
their families, and it is critical we protect the
integrity of the system.
It has been and should continue to be a pathway tot the middle class. Both my mother and father were civil service employees and that was because the system was
blind to race, allowing a truly
equal opportunity for them. This hearing should include a
report on the numbers of permanent exempt and temporary exempt positions by city departments in comparison to the last five years as well as classifications of these positions and the race and
gender demographics of exempt employees. Thank you. The rest I submit.
>> clerk: thank you, supervisor fewer. Supervisor haney?
>> Supervisor Haney: thank you, Madam Clerk.
I have a resolution and a call for hearing.
First is I'm calling for a
hearing on the central market tax exclusion, also known as the twitter tax break.
In the wake of the 2008 recession, san francisco passed
a central market tax inclusion
in 2011 in an attempt to ensure continued job growth in the tech sector and as an essential
piece of a broader strategy to revital eyes midmarket.
The tax break allowed a
temporary tax break on the city's 1.5% payroll tax at the
time for companies moving into buildings in midmarket. The hope was this would lead to
well paying jobs for residents
and spur a vacant have a -- spur vacant storefronts in the neighborhood. The midmarket tax break or twitter tax break is nearing
its sunset which will occur on May 20 20rks , 2019. I personally don't know if the tax break has met all of its goals, and you have a lot of question bz that.
But one thing I will say is I
have yet to anyone suggest we
should renew it, and I haven't even heard for it to be renewed from the company itself. And based on what I know, I'm
not advocating for it to be renewed.
What I do know is today in san francisco, according to H.U.D.,
a family of four making
$117,000 is considered low-income, and that the area's median income for a single
adult is over $100,000. For comparison, in 2012, the median income in san francisco
was just $73,000. 20% of san franciscans currently make more than $200,000 a year, and these
facts make us among the
wealthiest per cappita and the
most expensive in the nation.
We still have a neighborhood
that was rife with vacant
storefronts and empty lots. The area also continues to
struggle with rampant open air
drug use and drug dealing. Anecdotally few residents have
had access to the jobs with these companies. With that, with the sunsetting of this tax break, we want to have a public hearing on what happened, what we learned and what we will do next. Did the city actually achieve
its goal of economic revitalization, how many jobs
were created, who got these jobs, how was the money these companies saved from the tax break used or redistrict courted?
As an important part of the -- redistributed? What were the benefits that were promised and what was delivered?
Was the central market citizens advisory committee being able
to oversee these benefits?
We know that the city gave up tens of millions of dollars of revenue in response to this tax break, and what did we lose and gain from the job creation investment?
And finally, what is our strategy for midmarket post tax break? Cutting taxes for tech companies was not aville
certify bullet, to -- was not a silver bullet, to say the least. How do we plan for this crucial
and growing part of our city that continues to have needs
for equitiable development.
In central soma, we are about to embark in a massive increase
in jobs, particularly in the
tech sector. With that, I'm calling for a hearing to include the controller's office, the office
of economic and workforce development, the city ad stror,
and as many of the tax -- administrator, and as many of
the tax break beneficiaries as
we can get.
Additionally, I'm asking for
the support of ab 392. This bill will incorporate policing best practices that authorizes police officers to
use deadly force only when it
is necessary to prevent
imminent serious bodily injury
or death and to require deescalation methods whenever possible. The most recent example of this
miscarriage of justice is the
case of stephen clark. The two officers involved in
the fatal shooting were cleared
by an independent review just days after prosecutes nounced
that they -- prosecutors announced that they would not
be filing charges against them.
The rest I submit.
>> clerk: thank you, supervisor haney. Supervisor mandelman?
>> Supervisor Mandelman: thank you, Madam Clerk.
Today, I'm druzing ordinance to amend the planning code in
which makes arts districts, fill on tlopic principally permitted in market which runs
from castro to church on market street and will make conforming
changes to nct-3 zoning district.
The legislation will not be a
silver bullet for all of upper
market's vacancy concerns.
It won't stop landlords from
charging extravagant rents or
keeping storefronts empty, whether by rents or intent, although I do want to thank you, supervisor fewer for your legislation today and thank you, supervisor peskin for your
work on vacancy tax, but this
is an attempt to help small
business succeed in an area
where we desperately need them
to succeed.
I've heard from many current or
aspiring small business owners who
whose aspirations were nearly dashed by a number of regulatory hurdles. One such business on church and market was finally able to open
up after a 16-month permitting process.
Too many others have given up during the process or decided
never to try at all leaving storefronts unfilled and exacerbating our issues.
While the situation has grown worse in recent years, it's not a new problem.
New senator, then supervisor
wiener worked on a castro
project in 2013.
And my office continued to work
on this report with the B.L.A. That report was released earlier today and clearly shows
what many business owners and residents in the neighborhood
have long known, that business
vacancies a problem in the neighborhood. According to the report,
between 2015 and 2017, vacancies increased in 8.9 to 12.5%.
In the time since the data was
collected, the problem was
worsened significantly. In upper market, it took an
average of 332 days from
submission for an applicant to
secure a conditional use authorization.
when combined with other
permitting processes, the
process can take years.
For many applicants, that means 18 months to two years of
paying rent on a storefront that hasn't even opened yet,
which is ludicrous.
I've worked with neighborhood stakeholders including the castro merchants association,
the community benefits
district, and duboce triangle
merchant association to help fight this. This legislation envisions an upper market where new and delicious restaurants can serve local residents and drew visitors from around the city and around the world, and where
local artists will fill
gallerys with their paintings,
photographs and ceramics.
I want to thank liveable city
for helping us with this, as
well as planning, the city
attorney's office, and tom tempranno in my office.
The rest I submit.
>> clerk: thank you, supervisor. Supervisor mar?
>> Supervisor Mar: thank you, colleagues.
Today I'm calling for a hearing to request sfmta to property on their progress for meeting
their quarterly goals in meeting service reliability.
Last year, sfmta began setting
90 day benchmarks for
increasing service delivery,
improving on time performance
and reducing collisions.
I think it's in the interest of
the public to hearing from the agency in meeting its performance goals.
I've heard from constituents every single day about train
and bus reliability and service disruptions. Thank you, and the rest I submit.
>> clerk: thank you, supervisor mar.
Supervisor peskin?
>> Supervisor Peskin: other than this, I submit the rest.
I just wanted to express my
sadness at the passing of a ferocious neighborhood
advocate, mary ann miller. A couple of weeks ago, she had
a fall, and she was transferred to hospital and then to hospice.
She leaves behind loved ones,
several of whom are here today.
She was known -- I had the
pleasure of knowing her for over 20 years and listened to
her comments, constructive,
sometimes complains, and recommendations to policy
makers and fellow neighborhood leaders. Mary ann could be controversial
at times, but she always stimulated very good debate and ultimately spurred action.
She serves as the secretary for
the coalition for san francisco
neighbored, where she championed community planning
and neighborhood voices in all
sorts of municipal affairs.
We worked closely last year in
the fight of senate bills 827
and 828, and she understood the value of neighborhoods having
their own voice and shaping their destiny.
She served as a long time board member and was a former President Of an organization
that supervisor mar knows very
well, speak, sunset park side
education and action committee.
she also served on the presidio
and coalition for action for
golden gate park. Ask the community has lost one
of its strongest voices.
She joined the board in 1991,
and in 2015 received the jack
morrison lifetime achievement board.
Local environmental activist
pinky kushner characterized
mary ann as a fierce advocate.
She was fierce in getting the
young artists building to have
copper on the side of the
building that would oxidize and
blend in with the surrounding neighborhood at the time. She joined our planning department which is what made
her so smart in the late
1970's, but resigned when she
decided she could do more as a
citizen activist.
She enjoyed the various san francisco arts and culture.
She would want us to support
those same local grassroots
arts events, so I would like to adjourn today's board meeting
on behalf of myself and supervisor mar in her memory, and I know that supervisor mar
has some words to add, and the rest I will submit.
>> clerk: thank you, supervisor peskin. Supervisor mar?
>> Supervisor Mar: thank you, supervisor peskin for taking
this moment in memory of mary
ann miller, and I'm honored in
joining the call to adjourn the meeting in her memory.
She was a tireless advocate for
land use and preservation
issues in the tenderloin. I just wants toic at that
ed to take a moment
to read a comment that i received.
I was saddened to hear of mary ann's passing. How great that she will be
remembered at the board of supervisors, one of her many arenas. She was knowledgeable and championed who was right and beautiful of san francisco. Always ready to be a part of the discussion regarding developments, of course.
In speak, we shared many successes and disappointments with our land use and preservation issues. Her immense energy kept her involved in so many areas of art and culture.
Her intense sincerity was undeniable. I'm grateful to have known her. Thank you.
>> clerk: thank you, supervisor mar.
>> President Yee: thank you, colleagues.
I think that concludes our roll call. Madam Clerk, let's go to our next item.
>> clerk: at this time, the public May address the entire board of supervisors for up to two minutes on items in the
subject matter jurisdiction of the board to include the January 29, 2019 board meeting minutes, item 58, the closed session regarding e goes with the labor unions representing city employees, whether or not
to enter into closed session or on the possibility that the President Will entertain a motion to continue this item to
March 12, and items 59 through
64 on the adoption without committee reference pursuant to
the board's rules, direct your remarks to the board as a whole, not to individual members. If you would like to display a
document on the projector, please just remove the document
when you'd like the screen to return to live coverage of the meeting.
>> President Yee: thank you, Madam Clerk.
Come on up to the podium and
make your comments. >> richard hack. Two things to rethink. Automatic use of the term housing crisis, and the approval of another new building that was three
dimensional but only exhibits
two architectural elements.
It's a completely smooth and
giant rectangular mass. People have been streaming here
from everywhere for 171 years,
and we have always built new housing.
We are now the second densest city in the country. 30 years ago, we were fourth.
I've never found any of these housing crisis advocates been
able to give me a number of the people at the gates streaming to get in.
I was directed to a report by a
city economyist who said if we
built
built 2500 homes, our rent will fall by 25%. Rent control extension is there
for an order from 1979 to some
indeterminate future right now.
Given its record breaking density, san francisco should be exempt from any new building quotas. I would gladly give to a public
defense fund for that public.
>> President Yee: next. >> good afternoon, supervisors. My name is greg miller.
I was a neighbor and friend of mary an mary ann miller and her husband, jim. She was an intelligent, creative and generous person.
She loved art, music, history, poetry, and architecture. She devoted much of her time
and personal savings to community projects.
She helped many friends, neighbors, and homeless people that she encountered in the park. She was one of those people
that formed the connective
tissue of our city.
Thank you for your time.
>> President Yee: thank you. Next? >> good afternoon, supervisors.
My name is sylvia castillo, and I'm here representing essential access health.
We administer the title ten
federal family planning program here in california, and I'd just like to thank supervisor
brown and the entire board for
championing access to sexually reproductive health care and taking action of this very critical issue. Thank you for standing strong for this resolution to defend california and san francisco values.
Title ten has -- the title ten
program has been a critical part of our public health system since service established. Title ten supports the funding
of quality family planning care
like birth control, cancer screenings and other preventative health services. The trump administration's
final regulations for the title ten program could did he have state california's title ten provider network and delay access to essential health
services for patients served by the program across the state.
The harmful regulations support some of the most extreme measures and policy changes proposed since the program was created. Most significantly, the regulations would deny patients
the quality care that they rely on and conflict with clinical
best practices, violate medical
ethics and current law and threaten decades of public health advancements.
This is not only wrong and
harmful, it's unhe had cath, harmful and unconstitutional,
and that's why we're so
thankful that you took a stand tot today.
>> President Yee: thank you. Next.
>> we're just here to thank supervisor brown and her colleagues for taking a stand
on this critical issue, and we
want to emphasize that our
clinicians do not want to be told whether or not they can give appropriate medical advice to their patients.
Just in response to supervisor
brown's moving story, our clinics as well as the department of public health
community clinics exist just so no one will have to go without needed health care. We have health care available to anyone regardless of ability
to pay, and we encourage you to
ask all of your constituents to take need of our services if they need it.
Several of our clinics have language and culturally appropriate diabetes prevention program, and they are here to serve. Thank you very much.
>> President Yee: thank you. Next? >> good afternoon, supervisors. Kathrin showered.
I'd like to talk about mary ann miller. I met her when the underground parking garage was proposed for the music concourse in golden gate park. One of the options promoted by the department of recreation and park was to cut down all of
the over 100-year-old historic trees in front of the band
shell in the music concourse.
Mary ann was with the neighborhood organization speak at that time.
She attended many meetings in which we discussed many variouseous options to the propose -- various options to
the proposed garage. We were able to save those
trees and even landmark the music cone course.
I would like to add that then board President Aaron peskin
was very instrumental in
helping preserve those trees in
the park.
In the middle of all this, my husband and I moved next door
to mary ann and jim, they were good neighbors.
I remember waking up early one
sunday morning during the first year of our new neighborhood
and heard a lot of noise.
they were holding a japanese mochi pounding party.
It was one of many yearly customs that they started and maintained. We will Miss Them and having
them as neighbors.
>> President Yee: thank you.
Any other public comments? Come on up. If there are others that want
to make public comments, please lineup. >> well, aaron peskin, I'm in agreement with him.
I want to remind you of the
history regarding jeff kozinski.
Remember the incident where him and his friends were in the
back of the lyft, saying derogatory things?
Remember jeff regarding the policy at shelter policies at the navigation centers?
I remember.
Do you remember jeff cozin kozinski
calling for an emergency at the homeless shelter? I remember.
I tell you there's another
thing, is the shelter monitoring -- I'm trying to
figure out right now who is monitoring the standards of
care at the homeless shelters? I've asked several times. I guess no answers. The -- get no answers.
The city and county of san
francisco under jeff kozinski's watch is violating san
francisco code 200-2400. In addition, I am saying
according to my records, the
shelter monitoring committee
has violated three meetings. they have missed three meetings in a row.
Right now, I'm wondering who is monitoring the smelt
monitoring shelters? You know, you have front line people at the shelters who have
been incarcerated, who have drug usage.
So you stereotype the homeless, but these front line workers
are no better than the homeless
themselves, and right now, we have no oversight.
I mean, you know, oversight is
very weak.
>> President Yee: thank you
very much. Thank you. Okay. Any other speakers?
Public comment is now --
>> stop, stop, stop.
>> President Yee: come on up.
>> I'm from san francisco; a voice.
I can't even talk. Listen to me. Never in my life -- I'm embarrassed, I let the city down, I let the kids down, everyone. All I care about is the
churches and the people,
nothing else, nothing else. Nothing else.
How did I let them down?
I was out the other night, I
only got 12 saves.
Jesus was only able to save 12
people, 12 people in the city
that he was born in.
We made it -- we made a mockery
out of the system, and for
that, we got kids out here that are disappointing their mothers
and their families for ages.
Everyone's leaving jesus christ, and I was screaming here. there's nothing to pay me.
I did it for you, my family did
it for you, and then, you blasphemous.
It's blind faith rkts blind faith, and you guys embarrassed them, embarrassed them.
Your parents, your grandmothers. Think about it, they all
believed in jesus, and he only
got 12 saves working all night
in the rain? I failed the people 'cause I
failed the youth. It's not about us. When I can't get a kid to say
he believes in jesus?
Listen, I'll get 20 billion
saves in a night.
My company -- you ask london.
They do it professionally --
>> President Yee: thank you. Seeing no other speakers,
public comment is now closed. Madam Clerk, please call item
58, which is scheduled pursuant
to motion number m-19-015 and approved
on February 5, 2019.
>> clerk: sir, please exit the chamber. Item 58 is a closed session for the board of supervisors to convene with the mayor's office
and the department of human resources regarding
negotiations with labor unions regarding city employees.
>> President Yee: okay. Colleagues, the department of human resources requested for
this hearing to be continued to
the meeting of tuesday, March
12, 20 -- is it March 12?
>> yeah he.
>> President Yee: can
-- March 12? Can I have a motion?
>> Supervisor Peskin: so moved.
>> President Yee: can I have a second?
Okay. Without objection, this item is
continued to March 12, 2019.
Madam Clerk, please call items
59 through 64. [Agenda Item Read].
>> President Yee: would any
members like to separate any items?
>> clerk: supervisor brown,
were you going to ask that item 64 be severed?
>> Supervisor Brown: yes. I'm actually asking -- yeah, for it to be severed. Thank you.
>> President Yee: okay. So that's --
>> clerk: only 63, Mr. President.
>> President Yee: okay.
Colleagues, can we take 61 and
63 same house, same call? Without objection, these resolutions, 61 --
>> Supervisor Peskin: we've got a different house.
>> clerk: we've got supervisor
walton, who just left the room.
>> President Yee: I don't see his name.
>> Supervisor Peskin: different house.
>> President Yee: oh, I don't see him.
Roll call, please.
[Roll Call]
>> clerk: there are ten ayes.
>> President Yee: okay.
Can he with -- then, I vote,
then, item number 61 and 63 are adopted unanimously.
Let me go to 59.
>> clerk: item 59 is a
resolution to support a
permanent memorial of the great irish
irish famine.
>> President Yee: okay.
>> Supervisor Ronen: I just
want to cosponsor.
>> President Yee: I just want to call supervisor.
>> Supervisor Mar: mar thank you, President Yee.
I'd like to amend word 15,
replacing the word criminally
with the word shamefully.
In addition, I'd like to move
to continue this to the March 19 meeting of the board of supervisors. Thank you.
>> President Yee: okay. Supervisor fewer?
>> Supervisor Fewer: please add
me as a sponsor to item number 59.
>> President Yee: so there's been a motion to amend. Is there a second?
Seconded by supervisor safai,
and to also move this to the --
>> Supervisor Mar: March 19 meeting.
>> President Yee: okay.
We'll take that without any
objection to the amendment.
With that, can we continue -- you're just asking for a continuation of this?
>> Supervisor Mar: yes, it's a
continuation to the March 19 meeting of the board of supervisors.
>> President Yee: okay. So it will be continued to March 19.
Do we have to vote on this, Madam Clerk?
>> clerk: Mr. President, we need a second on that one.
>> President Yee: is there a
second on that? Supervisor fewer?
Okay. So it's been seconded. Same house, same call? okay. Item 60.
>> clerk: item 60, resolution
to support california state
semly bill 1611, authored by
assembly member david chiu, to
extent consumer protections to
all patients at san francisco general.
>> President Yee: okay.
Supervisor peskin?
>> Supervisor Peskin: I want to thank all the cosponsors, and upon introduction, it is very rare that a problem is noticed, a hearing is held, and instantly you get a state bill to address it. I want to thank the department
of public health who have a
couple of suggested changes that are before you, namely,
the addition of two whereas to
allow the department of public
health to allow legislation
that we all support; the first
at the top of page two.
And then, at line 15, to insert a second whereas clause, the board of supervisors acknowledges continued
deliberations and study to
fairly define "reasonable
charges" in section 13172-a in
such a way that does not play undue burden on taxpayers. So I would like to make that motion and pass it as amended.
>> President Yee: okay. There's been a motion made.
And a second? Supervisor haney. Supervisor haney, do you want
to speak?
>> Supervisor Haney: yeah, just, I would love to be added
as a cosponsor and thank you,
supervisor peskin, for your leadership.
>> President Yee: okay. there's a motion by supervisor
peskin and second by supervisor haney.
Without objection?
>> clerk: Mr. President,
supervisor mandelman is on the roster.
>> Supervisor Mandelman: just
to be added as a cosponsor.
>> President Yee: so without objections, then, the amendment
is approved.
So can we take this item as amended, same house, same call?
Without objection, then, this
item is adopted. [Gavel]. >> Supervisor Peskin: supervisor walton's back.
Do we have a different house?
>> President Yee: that's true.
>> Supervisor Peskin: I said supervisor walton is back.
I think we have a different house.
>> President Yee: thank you very much.
Roll call, please.
>> clerk: on item 60 as
amended --
[Roll Call]
>> clerk: there are 11 ayes.
>> President Yee: okay. Thank you.
And this resolution is adopted unanimously. [Gavel].
>> President Yee: item 62, please.
>> clerk: item 62 is a resolution to support california state senate bill
number 281, authored by senator
scott wiener prohibiting the
sales of firearms at the cow
palace in daly city, and.
>> President Yee: supervisor stefani?
>> Supervisor Stefani: yes. I'd like to move to continue this item for one week.
>> President Yee: okay. There's a motion to continue this item for one week. Is there a second? Supervisor mandelman. Without objection, then, this
item will be continued for one week.
>> clerk: to March 12.
>> President Yee: to March 12. [Gavel].
>> President Yee: item 64, please.
>> clerk: item 64 is a motion
that the board of supervisors
convene in closed session on March 19 regarding existing
litigation that the city is a
defendant, howard jarvis taxpayers association, building
owners and managers association
of california, versus the city
and county of san francisco and
all persons interested there in.
>> President Yee: okay. Supervisor brown?
>> Supervisor Brown: yes, I'd like to move this item to
continue to April 2.
>> President Yee: so this
amendment -- well, supervisor brown, to continue this item to April 2.
There a second?
Supervisor haney. Without any objection, then --
>> clerk: Mr. President, could we make a motion to amend this item so the actual date will reflect April 2.
>> President Yee: there's a motion to amend this item to
continue to April 2, and there was a second by supervisor haney. Without any objection, then, this motion passes. [Gavel].
>> clerk: thank you.
>> President Yee: as amended, can we take this item as
amended, same house, same call? [Gavel].
>> President Yee: okay. Item will be continued.
That brings us to -- Madam
Clerk, please read the in memoriams.
>> clerk: today's meeting will
be adjourned on behalf of the
follow ping individuals, for the late Miss Mary ann miller, and on behalf of supervisor
peskin, for the late Mr. Ted krober.
>> President Yee: okay. Colleagues, that brings us to the end of our agenda. Madam Clerk, is there any further business today?
>> clerk: that concludes our business for today.
>> President Yee: okay. Thank you very much. This meeting is adjourned.