Transcripts For SFGTV BOS Full Board Of Supervisors 20240712

Kissli. President yee all right. Good afternoon and welcome to the august 11, 2020 meeting of the San Francisco board of supervisors. I hope my supervisors had a full week off last week and was able to get some rest. As you know, were going to be doing a lot of work in august. Madam clerk, will you please call the roll. Clerk thank you, mr. President. [roll call] clerk mr. President , all members are present. President yee okay. Thank you. Please place your right hand over your heart, and will you please join me in reciting the pledge of allegiance . [pledge of allegiance] president yee okay. On behalf of the board, i would like to acknowledge the staff of sfgovtv, who record the meetings and make them available online. Madam clerk, are there any announcements . Clerk yes. Due to the covid19 pandemic, members of the board are participating to the same extent as if they were present in their chamber. The board knows that the Novel Coronavirus has made participation is more acute. Your written correspondence will be made a part of the legislative file. If you are using u. S. Mail, please address the envelope, San Francisco board of supervisors, number 1, carlton b. Goodlett place, building 204, San Francisco, california, 94102. If youre sending an email for our website, bos sfgov. Org. If youre watching the meeting, go to www. Sfgovtv. Org. If youre watching on t. V. , go to cable channel 26. Note there is a delay when offering testimony, so turn down your volume and listen to the prompt. Telephone number to call in is 415600 4156550001. When you hear the prompt, enter the meeting i. D. , 1462833792, press pound, and pound again. Once you hear the item you wish to comment on, press starthree, and listen carefully for the prompt that you are unmuted to present your comment. We have three interpreters here to assist you with your Public Comment. [speaking spanish language] [speaking tagalog language] [end of translation] interpreter thank you. [speaking chinese language] [end of translation] interpreter thank you. Clerk thanks to all of you for being here since the beginning of the pandemic. We appreciate it. If you are intending on speaking on any of the Public Meetings that are scheduled to begin consecutively around 3 00 p. M. , please wait to speak on them until the president calls on them, the howard and kissling streets appeal, this item has been withdrawn by the appellant. For those who are wishing to provide general Public Comment, that is item 46. The public may speak on items within the subject matter jurisdiction within the board to include the june 30 and july 7, 2020, regular Board Meeting minutes. And on items 47 through 51. The items that have not had a noticed public hearing in committee and are on the adoption without reference to committee calendar. All other items, items 1 through 27 and 40 through 44 have each had a duly noticed public hearing fulfilled at committee and are not eligible for Public Comment today. Finally, if you have access or connection issues, please contact my office at 4155545184. We have a live person standing by to assist you to have access to this meeting, and mr. President and members, i appreciate your patience with the length of this communication, and that concludes my communication today. President yee thank you very much, madam clerk. And i also want to thank the three translators who have been with you for many, many months now, and o. C. I. And i want to give my congratulations to senator harris, who has been selected to be the running mate for joe biden on the democratic ticket. As you know, shes one of shes from our city, and we wish her luck. Lets see. So before we get started, then, i want to give a friendly reminder to mute your microphones when you are not speaking to avoid audio feedback. Madam clerk, i understand that we have we received an accommodation request from a number of public from a member of the public who wishes to provide Public Comment. We will open Public Comment at this time for that individual. Madam clerk, is the person ready to make the comments . Clerk mr. President , one reason why i did not mention that during my communication, i believe the gentleman did not specifically ask to speak at todays meeting. However, if, during the meeting, we learn differently, we will let you know and queue him to the top of general Public Comment. President yee okay. Thank you. So colleagues, today, we are approving the minutes from the june 30, 2020 and july 7, 2020 regular Board Meeting. Are there any changes to these Meeting Minutes . Okay. Seeing none, can i have a motion to approve the minutes as presented . Supervisor peskin so moved. Supervisor walton so moved. President yee so moved by supervisor peskin and seconded by supervisor walton. And madam clerk, will you please call the roll . Clerk on the minutes [roll call] clerk there are 11 ayes. President yee okay. Without objection, the minutes will be approved after Public Comment as presented. Madam clerk, lets get to our consent agenda. Please call items 1 through 18 together. Clerk items 1 through 18 are all on consent. These items are considered to be routine. If a member objects, an item may be removed and considered separately. President yee okay. Colleagues, would anyone like to sever any items . Supervisor preston . Supervisor preston president yee, yes, id like to sever item 11 for a separate vote. President yee okay. Any others . Seeing none, madam clerk, go ahead and call the roll on the remaining items. Clerk on items 1 through 18, with the exception of item 11 [roll call] clerk there are 11 ayes. President yee okay. The items are adopted and passed on First Reading and passed unanimously. So lets go back to item 11. Clerk item 11 is an ordinance to authorize settlement of the lawsuit filed by Hastings College of the law against the city for zero and a stipulated injunction. Lawsuit involved federal civil rights violations, federal americans with disabilities and california disability persons act violations, negligence, public nuisance, private nuisance, and inverse condemnation. President yee thank you. Supervisor preston . Supervisor preston oh, president yee, i didnt have any comments, i just wanted a separate vote. President yee okay. Madam clerk, call the roll. Supervisor peskin mr. Chair, i would like supervisor mar to summarize our discussion in the government audit and oversight committee. Supervisor mar mr. Chair, if i could have supervisor haney summarize our discussion . President yee supervisor haney . Supervisor haney it was a positive recommendation on the settlement. Supervisor peskin so supervisor haney, as the subject Matter Expert in the litigation, can you explain why y you recommended a positive recommendation to your colleagues . Supervisor haney yes. I take the advice of our attorneys in terms of what sort of liability we may have and the risks involved, and the fact that much of what in fact all of what is in this settlement has already been accomplished, and in light of some of the other going risk and liability to the city ongoing risk and liability to the city, including attorneys fees, and ongoing risks and consequences, it seems the best thing to me is to approve this settlement. Supervisor peskin and through the president , through chair mar to member haney and maybe we will have to ask the City Attorney without violating the privilege, to what extent do you or we worry about copy ccat lawsuits . Supervisor haney i may want to ask the City Attorney to answer that. I dont want to put us at further risk here. President yee sure. Deputy City Attorney ann pearson . Thank you, supervisors. I think youre being asked to take action on this settlement and not any other litigation in the future. Other cases have been filed since this one was. We cant predict with any certainty whether any additional cases will be filed. I think the board is being asked to consider this settlement on its own terms. Supervisor peskin and again, i apologize, mr. President , and chair mar, and supervisor haney for the fact that at about 2 00 p. M. Wh, wh this was heard, i had to leave for another meeting. But relative to the parties that are adverse to the settlement, we did not devote or obtain sufficient funds to the settlement. Does the chair or the g. A. O. Or member haney have any response to that contention . Supervisor haney well, there was adequate hotel rooms to meet initial goals in the settlement. Obviously, we have a lot more work to do, and theres an m. O. U. That has been worked on with Community Organizations and the city and h. S. H. About what happens moving forward. We have a lot more resources that have to be devoted to the tenderloin to get people off the streets into hotel rooms, but i dont think, at this point, thats the subject of this settlement. Right now, its my view that we have a lot more investments to be made moving forward, but at this point, the lawsuit in light of risk to the city, pretty much everything has been accomplished and would lead me to believe everything has been done to approve it. Supervisor peskin so through the president , miss pearson, to the extent the law allows you to disclose, can you characterize the settlement to this board and the public, please . Sure. The settlement agrees to a stipulated injunction that the parties reached that require the city to ensure removal of a certain percentage of tents that had been in the tenderloin as of a certain date, and the parties agree to a process to relocate individuals who are living in tents to hotel rooms and other locations so that they can meet that standard. My understanding is the city has co has complied with that requirement and is complying with their ongoing requirements to make sure that they keep the level of tents at that level. Supervisor peskin thank you, deputy City Attorney pearson. Colleagues, there has been a profound friction between our branch of government and the executive branch of government, but i would like to know if somebody from the executive branch of government can respond to the underlying tension as existed between the two branches of government relative to the unanimously passed ordinance for 8,250 rooms and the actual number, that they are about a third of the numbers that they are supposed to be. It would be interesting if we can have public dialogue on that particular matter. President yee miss kitler, would you like to respond . Thank you, president yee and supervisor peskin. If you have a specific question that youd like me to answer, im happy to do this and if i cant answer it, im happy to get my supervisor on the phone to answer any questions that i cant. Supervisor peskin thank you, miss kitler. If the information from the City Attorney is we have been complying with the terms of the settlement as imposed by augustus hastings or u. C. Hastings college of the law, what people were displaced or unhoused by that . That would be my fundamental question. Miss kitler, i totally understand if youre not able to answer that, but the notion that we have a finite and not vastly increasing number of hotel rooms, despite the fact that there are any number of hotel rooms not being used by tourists, and the fact that we are imposing more burdens on that limited resource, i would request that answer from stuart kahn. Thank you, supervisor peskin. Ill make sure that you get that answer by the end of the meeting. Supervisor peskin mr. President , id ask that we continue this item until later in the meeting. President yee theres a motion do we have a second . Clerk mr. President , a second is not needed to postpone this until later in the meeting. President yee okay. Theres two more supervisors on the queue here, and if you would want to make your comments now or later, your choice. Ill let you make that decision when i call your name. Supervisor ronen . Supervisor ronen thank you, president yee. Id like to make a few comments regarding the settlement. Number one, it is the first time or maybe the second time that we have seen this city act with urgency to address a Public Health crisis. And i dont mean covid, i mean the number of unhoused People Living in front of residents and Small Businesses in the street is a Public Health crisis in and of itself. Put covid on top of that, and the daily Health Situation occurring in the tenderloin was an embarrassment to the city. We continue to be one of the richest cities in the country, and to have People Living in those conditions during the pandemic was awful. And despite the fact that this board of supervisors passed unanimous legislation it was my legislation requiring over 8,000 hotel rooms, the fact that that legislation was ridiculed by the mayor, was called unrealistic, and that we were told, you know, that theyre going to ignore the fact that it exists and then, a lawsuit, which did not represent anybody, by the way, in the unhoused population and thats one of the concerns that i have in these lawsuits, which is if youre going to sue the city for action, it felt like the only thing that made any real change happen should always involve some representatives from the unhoused community and their advocates. But that has led to countless people in the mission district, where conditions are unacceptable again, even though we had taken care of it a couple of years ago, and when despite the fact that ive advocated, despite the fact that weve talked to every homeless person on the street, despite the fact that we created and put forth a mission plan, despite the fact that were offering up 15 vanness to use as a shared sleep site, despite the fact that we have a Navigation Center in our district, despite the fact that we have created unanimous legislation, etc. , there has been very Little Movement to improve condition in the mission district. So when my constituents calling, screaming and yelling at me daily, at this point, i dont know what to tell them other than a lawsuit works in the tenderloin. So when you say, you know, have there been copycat lawsuits, supervisor peskin, through the chair, it is interesting to hear that there have been some. Im personally making the request right now to the City Attorney to send those complaints to my office. Id like to see them. Id like to see if think involve my district. But quite honestly, it continues to be the only impetus that works to get change while continuing to treat unhow elsed population with dignity, which i believe did happen. When teams went block by block, worked with people, found out if they were vulnerable, found out what the best solution was for them, and the vast majority of people accepted the offer of assistance and to move into a s. I. P. Hotel or another safe site. I am torn on whether or not to vote yes or no on this settlement agreement. I am glad that so many unhoused individuals in the tenderloin finally made it safely into hotels and safe places. It you know, unanimous legislation from the governing body of the city and county of San Francisco couldnt do that, so impressed that it finally actually happened. Im happy that theres some relief in the pressure valve in the tenderloin neighborhood so that kids can walk around and parents can feel safe, and the Homeless Population are not so on top of each other that theyre at risk of getting covid. But i always have been very concerned about the fact that the voice of the unhoused wasnt front and center or even included in any way, shape, or form in this discussion, and that is where my hesitation lies on this item. But what i wanted to mostly express is that unless there is meaningful action in the neighborhoods where conditions are abysmal, like the mission district, like the tenderloin, like soma, like the bayview, like parts of the castro, like parts of, you know, haight, then, these lawsuits are going to be on our agenda constantly, and the costs to the city will be enormous. So why cant we, instead, invest the money in figuring out how to uphold the law of the city and county of San Francisco that was passed unanimously by the board of supervisors and not ignore it as completely unrealistic and off the table. And if what were hearing from trent rhorer, if were hearing that he cant get hotel owners to offer these leases up, then this crisis is important enough, this crisis is dangerous enough, then we should be exercising all of the weapons in our arsenal, because those people in San Francisco, both housed and unhoused, deserve nothing less. President yee thank you. Supervisor preston . Supervisor preston thank you, president yee. Really agree with all of the comments that my colleagues have made, and thank you, supervisor ronen, for laying it out so clearly. I want to mention the part of the ordinance that supervisor ronen addressed, which is to house unhoused people, at least temporarily during this crisis. I also want to recognize supervisor haneys work and leadership in the tenderloin on, really, making the greatest strides that have been made in terms of addressing large numbers of folks living on the street through the response to and the settlement discussions that sparked this legislation and supervisor haneys role in this that made sure that this was done and carried out in a way that i think most folks would agree was successful in moving a lot of people into hotels. So i think its a sad place were in, and a frustrating place were in, where sometimes litigation, private litigation is getting more results due to an unwillingness of the administration to take action that is unanimously directed in ordinances by this board. So i understand why hastings sued. I understand why other Property Owners are suing, but one of the reasons that ive looked closely at this settlement is to question whether this becomes a template as we start seeing these. And we know that there are other pending lawsuits. And as supervisor as multiple supervisors have pointed out, and i think as supervisor haney noted, a lot of work under this settlement has already been done, right . So our discussion and our deliberation and our vote on this is its not like were doing this at the start of the lawsuit. Were doing it after folks have been moved pursuant to this agreement. So it becomes that much more important as a precedent, i think, and i have a few specific concerns about about the the agreement. You know, number one is that there is no requirement to provide more hotels. The very issue that supervisor peskin is raising is a commitment to move a certain number of people, but in terms of hard numbers here, id like to see more hotels, of safe spaces and sleeping villages that are going to expand our capacity to carry out this kind of settlement or others. And without that settlement, without that additional capacity being added, i think were just letting these lawsuits dictate from a finite supply of rooms, basically just prioritizing the ones where people sue. So secondly, in the language, im concerned with some of the language around enforcement. This is something that glide and others coalition against homelessness have raised. I think folks have felt that people were offered accommodations, but im just concerned that if thats our template, that it opens the door to Police Enforcement in ways that im not comfortable with. And lastly, there is a significant risk in this general approach of moving people from one district to another or moving people from one district to another, safe sleep villages or another plan. But again, we dont have a safe sleeping plan or sleeping villages. And also language that effectively says that if people come to the area, that theyre going to be discouraged in sort of vague ways from setting up tents. Again, what weve seen in the past, where there were sweeps and other enforcement activities in the 6, weve seen a surge in the number of tents right across vanness, in our district. So i appreciate the work of not only supervisor haney, but the City Attorneys office. I understood why this lawsuit was brought. I think unless the city and the administration gets serious and things and safe sleeping villages at a larger scale, were going to be back, approving these each time. But did want to have a deeper discussion and articulate the concerns that i have with the settlement language. Thank you. President yee supervisor peskin . Supervisor peskin thank you, president yee. I think supervisor preston articulated the concerns and problems quite well. I think we need to when we enter into a settlement like this, and given that there are similar lawsuits in other districts, we really need to know who is being impacted, and let me be clear, through the president , to supervisor haney, there is no question whatsoever that the tenderloin was ignored, was mistreated, and finally got its due somewhat because of the lawsuit. But this is not a group lawsuit. This is a lawsuit from one Public Entity to another Public Entity, an entity that has been working to gentrify the neighborhood for decades. I want to hear what is the plan. President yee i still dont see her now, so ill go ahead and call on supervisor haney now. Supervisor haney i agree with much of what has been said. The ability to get people off the streets, the legislation that we authored together, that this board passed unanimously, to have a citywide plan, to do so with urgency and in close collaboration with neighborhoods and on the streets themselves is the way this should be done. So i dont disagree with any of that, and to the extent that we can push and fight and make sure that there are more resources both devoted to the neighborhood that i represent and the neighborhoods that you represent, i agree with 100 . I will say what has happened in the tenderloin over the last six weeks or so, there is a lot of positive that happened. I dont want to give u. C. Hastings too much credit, but i think it has to do a lot with the legislation that we passed, with the public, and the comments of the board to get the kind of action that we saw in the tenderloin. What this settlement does in this point, in my view, and i was just reminded by the City Attorney that i cant share things that came up in closed session, there is some continued risk in liability, and i do not believe that voting the settlement down at this point, considering what has already happened, puts us in a better place or gets us all of these items. I think we should hear from h. S. H. , but nothing in my support of this settlement suggests that i think that somebody should have to sue for us to get the kind of urgency or action, but i also believe that the settlement itself, by voting for it, that puts us in a better plan than if we vote it down to continue this fight because of the risk and liability and uncertainty that would mean if we vote this down. This is not the question of whether we should be fighting for a lot more resources,ettings, placements, outreach, and do it hand in hand settings, placements, outreach, and do it hand in hand with the community moving forward. President yee supervisor walton . Supervisor walton thank you, president yee. I typed in h. S. H. Instead of my name, so that tells you what im thinking of. I find it shocking that theyre not hear as this item comes up, and quite frankly, it is appalling that we have had to come to the point that there is a lawsuit to get a response interest h. S. H. , and a lot of actions to improve the conditions of folks living on the streets, connecting them to housing, and im wondering why we have a department of homelessness and Supportive Housing, and everybody else is responsible for addressing the needs on our streets. If you walkthrough the bayview, certain parts of pat remember owe hill, and certainly parts of little hollywood, you will see folks living in vehicles, and especially folks living on the street. And every time i reach out to have a conversation with h. S. H. , they send me to something else. Unfortunately, there are folks working for the city that have met with folked that are unhoused that have made connections and getting them housed. But we have a department dedicated to this that is not doing their job, and the fact that a lawsuit had to be put out for them to Pay Attention or start to Pay Attention that the community lets us know of every day is a sad state of affairs, and him shock that theyre not here. I am wondering what the department of homelessness and Supportive Housing does on a daytoday basis. President yee supervisor peskin . Supervisor peskin thank you, president yee. And again, i apologize to chair mar and supervisor haney that after four hours of meeting the thursday before last that i was unable to be in the closed session, so i apologize as a member of that committee. I had a preexisting obligation that i had to attend. But heres the question that i would like to ask my colleagues and the City Attorney, which is insofar as that we have taken the steps that we have taken, i drive through the tenderloin or go through the tenderloin on a daily basis, and i want to thank Jeff Kosinsky and his colleagues for the programs that they have implemented, our agreement for 8200 rooms of unhoused housing in San Francisco. But if we have to do that, why do we have to settle this lawsuit . Why cant this lawsuit just be dismissed . President yee that sounds like a question for the deputy City Attorney maybe . So if the board chooses not to approve this settlement, the case will continue, and the parties will continue in litigation, and it will not be settled by the agreement thats been resolved by the parties, but itll be resolved by the court, and itll decide whether the city is in or out of compliance with the laws that are alleged to have been violated, and it will be up to the court to decide the appropriate remedy if they do conclude there have been violations. Supervisor peskin so through the president to deputy City Attorney pearson, the court happens to reside or at least civil court right by the building that im sitting in, which is city hall, which is right next to the district that supervisor haney represents. What i have been told, and what ive seen with my eyes is that, at least for the time being, we have complied. So if we settle, fine. If it remains under the jurisdiction of the court, so be it. If its dismissed because we have already complied, the vicissitudes of Human Behavior come and go, i dont know where we go. The notion of settlement through the president to supervisor haney, i have not said that im going to vote in the negative. I am probing this and again, my apologies for not being in the closed session thursday before last. But im not exactly sure why we should settle it and encourage other individuals or institutions to bring similar litigation insofar as what weve heard and what weve seen is weve complied for the betterment of society. So deputy City Attorney, through the president , why should this lawsuit not be dismissed . Supervisor peskin, if youd like to have a conversation about some of the strategic choices that could be made in litigation, wed be happy to give you that advice confidentially. I have advised you what would happen if the board does not approve the settlement, but if the board would like confidential advice about the pros and cons of each option, we would prefer to provide you with that advice confidentially. Supervisor peskin understood. Noted. President yee so supervisor peskin, would you like to have that or not supervisor peskin mr. President , i think were still waiting for ms. Abigail stuart kahn to comment on what i call the limited subgain, and having a conversation with the full board of supervisors with the City Attorney as an option. We have yet to hear from the newly relatively newly created department of homelessness and Supportive Housing. President yee im going to go ahead and hear this at the later in the meeting, and i am open to a closed session if its the desire of the rest of the board and postpone this for another meeting. So why dont we just wait for now and wait for abigail to get on, if shes able to. If not, we could take some action after that. Supervisor peskin and mr. President , id be more than happy to continue this item one week to a closed session of the full board of supervisors. President yee yeah. Well make that decision in a little while, but supervisor ronen, do you want to add anything before we move supervisor ronen yeah, id like to hear from either supervisor haney or ann pearce, deputy City Attorney, whether or not postponing this will impact the litigation at all . But i do think supervisor haney is shaking his head. When we have a settlement that has such significant policy impacts, perhaps as a policy measure, we should have a closed session of the board of supervisors. Perhaps i should have thought of that myself and asked for that earlier. But it just seems that the decisions that were making, the implications are broad and wide, and we should fully under the Legal Options and impacts before we engage in that. Clerk mr. President , just through the president to the board members, we did invite miss stuart kahn to this meeting, so she should have an invite to this meeting. And mr. Fabian lanoy, i would ask you to turn your camera off until we get to your item. Thank you. President yee okay. We will move this item to later discussion in the meeting. So at this point, why dont we go to item number 19. Madam clerk . Clerk item 19 is an ordinance to amend the public works code to authorize the administrative penalties and administrative personalities for Illegal Dumping, to clarify the definition to clarify that each act of Illegal Dumping constitutes a separate violation subject to abatement or enforcement action, amending the police code to provide procedures for assessment and collection of administrative penalties for Illegal Dumping and affirming the Planning Departments determination under the ceqa determination. President yee madam clerk, go ahead and call the roll. Clerk on item 19 [roll call] clerk there are 11 ayes. President yee without objection, the ordinance is finally passed unanimously. Madam clerk, lets go to item 20. Clerk item 20 is a resolution to support housing stability by indicating the board of supervisors intent to appropriate revenue generated by a november 2020 transfer tax ballot measure to a covid19 rent resolution and relief fund and a social Housing Program fund. President yee okay. Madam clerk, go ahead and call the roll. Clerk on item 20 [roll call] clerk there are 11 ayes. President yee okay. Without objection, the item is adopted unanimously. Madam clerk, call item 21. Clerk item 21 is an ordinance amending the planning code to allow extra height, competing otherwise applicable height limit axes, for 100 affordab affordable excuse me. Item 21 is a resolution approving a Maintenance Agreement between the city and county of San Francisco and the California Department of transportation for the citys maintenance of arrested york N Maintenance of artwork on rightofway within cal trans caltrans jurisdiction. President yee okay. Madam clerk, please call the roll. Clerk on item 21 [roll call] clerk mr. President , there 11 ayes. President yee okay. Madam clerk, call item 22. Clerk item 22 is an ordinance amending the planning code to allow extra height, exceeding otherwise applicable height limitations, and to allow such projects to be construct constructed. This matter requires two thirds vote of the full membership of the board of supervisors, eight votes, for passage. President yee supervisor fewer . Supervisor fewer thank you, president yee. I first want to thank the cosponsors of the legislation, supervisors mar, peskin, and haney. One of my Top Priorities during my time as supervisor of district one has been to bring no, sir affordab more afford i cant belieable west side, and thats exactly whats done by this initiative. We now have a 100 affordable Senior Housing project moving forward in district one. This project alone has made my office work on prop e [inaudible] supervisor fewer and then moving the minimum threshold for have a lvacant lots. My office has worked to develop the original proposal and this amendment based on practice, real world experience. Thank you to supervisors mar, peskin, haney, walton, mandelman, ronen, safai, and preston. I hope to have the unanimous support of this board, as well. Thank you, colleagues. President yee madam clerk, call the roll, please or supervisor peskin . Supervisor peskin thank you, mr. President. I think supervisor fewer summed up everything except for one thing, which is that i would like to thank our respective staffs, ian from supervisor fewers office, sonny from my office. Many other staff actually made this happen, so in addition to the supervisors that supervisor fewer mentioned, this would not have happened without our staff, so thank you, staff. Supervisor fewer thank you, supervisor peskin. You are absolutely correct. Thank you. President yee go ahead, madam clerk. Call the roll. Maybe youre muted. Madam clerk . Madam clerk, if youre saying something, youre muted. [inaudible] president yee can you say that again . It was kind of broken up. Im sorry. I can go ahead and take the vote. Madam clerk may be having some connection issues. On item 22 [roll call] clerk there are 11 ayes. President yee okay. The item is passed without objection. Colleagues, there is another item that i would like to take up that concerns educator housing. Madam clerk, please call item 44 out of order. Clerk yes. Mr. President , i see a message from madam clerk. She is having connection issues, and she is trying to connect right now. Item 44 is an item [inaudible] clerk and making additional findings. President yee okay. So thank you, colleagues. This legislation puts forth minimum two bedrooms for educator housing. I believe this practice establishes a minimum number of threebedroom units for growing families and multigenerational households. I know that many educators in districts staff who are struggling to find appropriate housing in difficult situations. We hope that this diversefies the housing stack to attract educator educators. Supervisor peskin . Supervisor peskin thank you, president yee. I just want to let my colleagues know that the land use and Transportation Committee heard this item yesterday and sends it to the full board with positive recommendation. Thank you, president yee, for ensuring that the unit mix will represent our families and children. President yee yes, and thank you for reminding me that the Land Use Committee has made a positive recommendation. I appreciate that. And i should thank my staff, jen, whos been dogged in making this happen and pushing this forward in my office, any way that it can happen in the city. Call the roll. Clerk on item 44 [roll call] clerk there are 11 ayes. President yee okay. Without objection, the item is passed on First Reading unanimously. Lets go back to item 23. Clerk 23 is an ordinance amending the planning code to expedite the conditional use authorization review and approval process and reduce the application fee for certain uses of commercial space and making the appropriate findings. President yee thank you. Supervisor peskin . Supervisor peskin thank you, president yee. This is next in a string of ordinances seeking to make life easier for businesses in the city and county of San Francisco and follows in the context of all of these initiatives, like much of this legislation, predated the pandemic, including low and nointerest loans, eviction moratorium, which were currently pushing to improve, a profound reenvisioning in the public realm, which i have legislation to extend for two years without fees, pushing on state and federal policy makers for additional lead in the forums of public grant, and i say all of this by saying that this board and the city and our mayor are committed to pushing for more relief for the life blood of our economy, which is the Small Business community, and to stress the important of continuing that effort. The legislation that is before us today, which weve cutely called c. U. Sooner, which stands for conditional use sooner, it is long overdue. Instead of removing critical opportunities for community input, this legislation honors the community and says that these opportunities for input are key to resisting the gentrification of our special neighborhood commercial corridors, and the city can and must move the matter quickly. [inaudible] supervisor peskin supervisor safai, why dont you hit mute while im talking, through the president . There is no reason that the process should take upwards of a year as set forth in the budget and legislative analysts report that supervisor preston received last year. This says it should not take more than 90 days or you get your money back. I want to thank the golden gate restaurant association, my staff, lee, and a number of individual Small Business owners in my district and other districts for continuing to organize around this new and innovative approach to reform and relief, and im grateful for your support today. Mr. President , if you would please call the roll. President yee before i call the roll, can i be added as a cosponsor . Supervisor peskin yes. Clerk mr. President , before i call the roll, mr. Higley, can you please turn your camera off. Supervisor peskin again. President yee thank you. And welcome back, madam clerk. Clerk thank you. On item 23 [roll call] clerk there are 11 ayes. President yee okay. Then without any objection, the ordinance is passed on First Reading. Madam clerk, i am told that miss stuart kahn is available. Clerk okay. President yee to join us right now, so id like to go back to item number 11. Clerk okay. President yee and lets start with supervisor peskin, because miss stuart kahn was probably not listening, so she might not know what context she shes going to be answering questions. So if you could summarize just to get us started, that would be helpful. Supervisor peskin sure. Thank you, president yee. Ms. Stuart kahn, i dont see, but i do see miss kitler. Thank you. Director stuart kahn is not here, but she is currently logging on. Supervisor peskin mr. President , i know we have two special matters at 3 00. It is now 3 12. I know that director stuart kahn was invited back to this meeting. This is an item that is complicated and controversial, but respectfully, mr. President , i would request that we move on with our agenda, and i will be here until the cows are coming home. President yee the cows are not coming home. You know, we have four more you know, let me do this. Lets go to item 24. Im just going to throw these out before we get to 3 00 special order because i know that possibly some of them are not going to be around or well have to do them again. So lets go to item number 24. Clerk okay. Item 24 is an ordinance to amend the planning code to allow arts activities, social service, or philanthropic facilities, and covid19 recovery activities as a temporary use in vacant space, and affirming the appropriate findings. President yee okay. Call the roll. Clerk on item 24 [roll call] clerk staff, can you let me know if hes logged in . I see his face down there. Then mr. President , i will mark him absent unless he arrives on microphone or on camera. Safai absent. President yee so with a 100 vote clerk right. President yee the ordinance is passed on First Reading. Lets go down to item 25. Clerk item 25, resolution receiving and approving the biannual housing balance report number 10, dated april 1, 2020, submitted as required by planning code section 103. President yee okay. Madam clerk, go ahead and call the roll. Clerk on item 25 [roll call] supervisor fewer i was going to make a comment. My name is in the queue. My apologies. Supervisor peskin okay. Mr. President , i make a motion to rescind the vote. President yee we didnt vote yet. Supervisor peskin we are in the middle of voting, sir. Clerk that would be appropriate, mr. President. That is board rule. Supervisor fewer excuse me, mr. President , its okay. I dont need to make a comment. My vote is aye. Thank you. President yee but i also see [inaudible] supervisor peskin i withdraw my motion. Clerk okay. On item 25 [roll call] clerk there are ten ayes. President yee okay. Without objection, the item is adopted unanimously. Lets go to item 26. Clerk item 26 is a resolution to determine that the issuance of a type 57 special onsale general beer, wine, and distilled Spirits Liquor license to the 706 Mission Residences owners association, to do business as the four seasons private residences on the fifth floor will serve the public convenience or necessity of the city and county of San Francisco. President yee okay. Madam clerk, go ahead and call the roll. Clerk on item 26 [roll call]. Clerk there are 11 ayes. President yee okay. Without objection, the resolution is adopted unanimously. Lets go to item number 27. Clerk item 27 is a resolution to declare antiblack racism as a human rights and Public Health crisis in San Francisco, to request city departments and agencies prioritize Racial Equity in all programs and advocate for local state, regional, and federal antiracist policies that advance efforts to dismantle systemic racism. President yee okay. Madam clerk, go ahead and call the roll. Clerk on item 27 [roll call] clerk there are 11 ayes. President yee okay. Without objection, the item is adopted unanimously. Okay. As supervisor peskin already pointed out, were past 3 00, and we have several special orders at 3 00 p. M. , and if we could have a quick discussion on number 11, i would actually ask miss stuart kahn to join us, but i have a feeling its going to be a little lengthy. So i would suggest that we go ahead and do the special orders first and then come back to item number 11 later. And just for wording, miss kahn, it may be a little while before your item is heard. Understood. I will clear my schedule, mr. President. President yee okay. Madam clerk, lets call items 28 through 31 together. Clerk okay. Items 28 through 31 include the hearing and motions having to do with the hearing of persons interested in the determination of exemption from Environmental Review under the California Environmental quality act issued as a categorical exemption by the Planning Department on december 24, 2019 for the proposed project at 1531 through 1581 hurt street and 118134 kissling street. Mr. President , on april 27, we received correspondence from the appellant, requesting this appeal to be withdrawn. President yee okay. So thank you for letting us know, and before we take any action or no action, supervisor haney, would you like to make any comments on this item . Clerk supervisor mr. President , i believe supervisor safai was on the roster. President yee oh, yeah, i see him, and im calling on the is this your district, supervisor haney . Supervisor haney yes. I believe its being withdrawn. President yee so you do have any comments. Thats okay. I just asked. Supervisor safai, did you want to make a comment before supervisor safai no, no, my name was on the roster for something else. Ill wait until this is over. President yee oh, okay. Okay. Then without with the understanding that this appeal has been requested to be withdrawn, we will now take Public Comments, if there are any, on this item. Are there any members of the public who wish to speak on items number 28 through 31 . All speakers will be allowed two minutes each . Madam clerk, go ahead and check. Madam clerk, are you still there or did we lose you . Madam clerk number two, maybe . Clerk yes. Hi, mr. President. Just give me a moment. So Public Comment for items 28 through 31, operations is currently checking to see if there are any callers on the line. For those individuals who wish to speak on this matter, considering the withdrawal, please call 4156550001. Meeting i. D. Is 1462833792. Press pound, and pound again, and starthree to end the queue. Operations, are there any callers in the queue . Yes. I will unmute the first caller. Clerk caller, you may proceed. Hello, is there a caller on the line . Is there a caller on the line for the appeal, the kissling Howard Street appeal . Im on the line for item number 27 on the agenda. Clerk item 27 has already held its Public Comment. You should have pressed starthree. I did press starthree, and nothing happened. Clerk maam, i dont believe this is comment for that item. This is Public Comment on the howardkissling appeal. If you can press starthree, you can be entered back in the meeting. Mr. Qu, is there another caller on the line . Hi, is there another caller . Yes, there is. Can you hear me . Clerk yes, please proceed. Hi, my name is t. Im calling in regards to item 27, which is not clerk maam, may i interrupt your comments [inaudible] you do not have the right to interrupt me clerk hi. We are taking Public Comment right now for the Howard Street and kissling street appeal hearing, items 28 through 31. Mr. Qu, is there any other callers on the line for this item . Operator theres still four other callers in the queue. I will go to the next caller. Clerk okay. Hi. Is there a caller for comments on the howard and kissling street appeal . You have two minutes . Perhaps we can skip over this person and go to the next caller. Hello . Clerk hi. Are you here to speak on the howard and kissling street appeal . No, i want to speak on item number 27. Clerk okay. Item 27, for anybody all the public who are listening, item 27 has already had its Public Comment period. We are currently taking Public Comment on the howard and kissling street appeal. Item number 27 is not up for Public Comment at this time. You may provide general Public Comment when we call item general Public Comment on item 46. Okay. Clerk you can speak generally about the topic, but item 27 is not up for comment at this time. It was never it was never brought up. Clerk okay. Were here for the were calling Public Comment for the Howard Street and kissling. Mr. Qu, is there anyone else on the line for this appeal . Hello . Clerk hi, here to speak on the howard and kissling street appeal. Correct. Clerk please proceed. Im here, actually to talk on item 27, which you all skipped over and did not allow Public Comment. Clerk mr. President , the Public Commenter, im going to interrupt your comments. As i have already stated, item 27 has held its Public Comment period in committee. We are not taking Public Comment on this item. We are currently taking Public Comment on the howard and kissling street appeal, item 28 through 31. Mr. Qu, is there anyone else on the line . Hello, there. I am calling i see that you are on number 28, the appeal of the Howard Street soandso. I would like to call for [inaudible] to be respected, public citizens of San Francisco be respected, and let our voices heard. You did not hold Public Comment for item number 27, and you are playing with us. Clerk mr. Qu, is there any other callers on the line . [please stand by] speaker im speaking on item 27, i find this to be ridiculous. Were here to talk about items 28 through 31. Item 27 has had its Public Comment period satisfied. Public comment was taken on jule Neighborhood Services committee hearing. We are currently taking Public Comment for the board items 28 through 31, the Howard Street and kissel kiss eling street. You may press star three for that item. You may provide general Public Comment during the Public Comment period. Are there any other callers on the line . Are you here to speak on howard and kisseling street appeal . Please proceed. Speaker you skipped over item number 27. Youve been muted and so you can speak at general Public Comment. Can you please queue up the next caller. We are only taking comments on this appeal hearing. For members of the public who are listening. Speaker im just wondering how hard it would be for you to listen to people who want to talk about number 27 because its literally we are not here to speak on item 27 but the Howard Street and kissling street appeal. Im hearing the same voice a few times and is there a way to monitor whether people are phoning in more than once . Yes, there president , i apologize. Im watching the platform here, too, and i see people getting out of line and getting off and coming back. People are only identified by the userris user i. D. Numbers af they hang up and call back, we are not able to identify people are continuing to call back. The next few callers, if i dont hear anyone wanting to talk about 28 through 31, i will close the Public Comment. Ok. Are there any other callers . One final caller. Speaker am i on now . Yes. Speaker no, no, Public Comment for item number 27. We are not taking Public Comment on item 27, thank you. Please stay on the line and you can provide general Public Comment later. Madam clerk, that completes the queue. Mr. President. Thank you. So the Public Comment is now closed. Sousupervisor hainey. Yes. So i just wanted to make a motion, the appeal was withdrawn from the appellant and i would like to make a motion to approve number 29 and table items 30, 31, to uphold the plans plannis decision. Is there a second . Second. Seconded by supervisor fewer. And then theres been a motion and seconded. Madam clerk, will you call the role on the motion . role call . There are 11 ayes. Twentynine is approved and items 30 and 31 have been tabled. Supervisor safaye, you had one or two that you wanted to say or make a motion . I think i missed 25. I was hoping we could take that vote again. I got 26. I think you missed more than one vote. I did . Yes. It was for items 24 and 25 where he was absent. Can we rescind those. Motion to rescind, is there a second. Rescind. I object. [ laughter ] this is a second. And so i second. role call . There are 11 ayes. So the motion passes for rescind these two items. Can we take, actually, these two items and vote on them one time . Yes. And can you add me as a sponsor to item number 24, please . Twentyfour, yes. Go ahead, madam clerk. On items 24 and 25, supervisor fewer. role call . The ordinance has passed and resolution adopted. Madam, clerk, lets go our Second Special order and call items 32 through 35 together. Items 32 through 35 are a special order, 3 00 appeal hearing, a person is interested in or objecting to approval of negative ke declaration for the 3516 and 3616 fulsome Street Project. Item 35 is to affirm the declaration and item 34 is to reverse the revised deck and item 35 is a motion directing the clerk of the board to prepare findings to reverse the revised final mitigated negative declaration. Supervisor ronen. Yes, i think supervisor safaye was ahead of my on role call. Ok, i thought it was for the previous item. Supervisor safaye. Mr. President , i just wanted to recuse myself on this item as i did a few years ago, based on the same circumstances having worked with one of the professional services sub majorities ansubcontractors ando be recused. Can i have a motion to recuse, supervisor saf arc ye. Moved. Seconded. Theres been a motion and seconded and role call, please, on the motion. On the motion to excuse supervisor safaye from items 3235, moved by supervisor ronen and seconded by supervisor peskin. role call . There are ten ayes. The motion to recuse supervisor safaye passes. And so, supervisor ronen. Yes, thank you so much. This item before us is an appeal of an Environmental Review of a project in Bernal Heights and the developer proposes to build two new family homes at the top of fulsome street at the top of the boulevard and to construct a deadend extension of what is now a paper street portion. Buried under this is a section of. A pg e that snakes through the southwest portion of the city. When this was first appealed to the board up supervisors, i agreed the proposed mitigation was deficient adjacent to an underpg e pipeline and i agreed that the potential danger of vibrations during excavation and construction causing the pipeline to fracture, leak or to explode warranted further investigation of existing conditions, potential impacts and plans to protect the neighborhood. The motion reversing the mitigated deck had a qualified expert creative vibration Management Plan and an Emergency Response and evacuation plan and to have these reviewed and approved by specific city agencies and by pg e. They were submitted as a part of the neg deck which was appealed. I hoped we would hold the appeal today. Up expectedly, i was made aware that calls into question pg ask pg es signoff and it needs to be investigated. I am therefore making the motion now to continue this appeal to september 1st, 2020 to give my ocheoffice the time to follow un this and i will make a motion to that effect. Theres been a motion. Is there a second . Second, preston. Ok. And so, the motion to move, continue the meetin these itemsr meeting until september 1s september 1st has been moved and seconded. Madam clerk, can i have the role . We should take Public Comments on the continuance first. For those who are listening on the line and who would like to speak on item 32 through 35 with the understanding these matters will be continued to september 1st, 2020, please, if you are already on the line, please press star three to line up to speak on the continuance and if you have not already done so. If you are listening, please dial 415 6550001 and 14962833792 and star and then star again and please call from a quiet location and turn down our television. Are there any callers in line to speak . Yes, there are currently 22 callers in the queue and i will queue the first caller. Im here to speak on item 27, if i cant, can you tell me when i can. Sure. Since we are taking Public Comment on 32 through 35, for those listening and if you are in line, item 27 has had its Public Comment period satisfied and is not up for Public Comment. You may press star three and you can line up to speak during general Public Comment. You will not be able to speak on the resolution itself, but could speak genera generally about a t matter related. If you want to provide comments for the record, you can email them to bos sfgov. Org. And we would be happy to place it in the legislative file along with the public records. Noyou may submit them via u. S. Mail room 244, San Francisco, 94102. The website . Go to our board of supervisors website, you will find the number of links i have to type this down and you were talking really fast. The email address is bos as in board of supervisors bos sfgov. Org. Thank you. Thank you. Can you please queue up the next caller. Speaker hello, can you hear me . Yes. You have an echo. You may have your television on in the background. Speaker can you hear me now with no echo. The first question is, how may i submit an agenda item for the next board of supervisors meeting . The second question is, if i were in public, frontfacing with you all, present physically, would you be able to meet in public and how would you limit people from commenting . This is not a question and discussion period. You can send comments if you have them. Feel free to give our front desk a call. We have people at the front desk who can help you how to get your questions answered. That telephone number is 415 5545184. Again, for those who have questions, the phone number is 415 5545184. Right now are taking Public Comment for fulsome street appeal. Can you please queue up the next individual. Speaker im a district one resident and i just want to say that very clear, that the Public Comment period has not been satisfied for item 27. Please, we are not taking comment on item 27. Can you take the next caller. Well mute you and you can submit general Public Comment during that time. The next caller . Speaker im a part of a network of neighbors in Bernal Heights thats concerned about the catastrophic hello . Please proceed. Speaker im going to start over. Im not sure what happened. Im Marilyn Waterman and im part of a group of neighbors in Bernal Heights and were concerned about the catastrophic risk this project poses. We support the continuance and want to thank supervisor ronen for her leadership and the entire board for recognising the extreme danger this project poses and making sure that no stone is left unturned to ensure our safety. Again, thank you. Thank you for your comments. May we have the next speaker for the fulsome street appeal. Caller, please proceed. Speaker im seth brendal and i live on gate street for 20 years. I realize youre going to have this matter considered on september 1st, but i dont know whether ill attend this meeting and i want to raise my voice here. My husband and i are raising our eightyearold daughter. This plan is flawed. We must have all aspects of the project analyzed before any construction begins. Please mandate a complete Environmental Impact report before allowing construction. My families and my neighbors lives depend on you doing the right thing. Thank you. And im very sorry that folks have not been able to speak on item number 27 and i hope we get to hear their Public Comments another time. Thank you so much. Goodbye. Thank you for your comments. May we have the next caller. Speaker i have lived in Bernal Heights for 20 years. Please do not risk another explosion. The people in our neighborhood are very concerned about this construction project that theyre thinking of working over and around this dangerous pipeline without the proper safety precautions. I live behind the proposed project and i would like you to know that three families on our block have moved in the course of this project. Two couples sold their homes and one couple gave up their lovely apartment to move to a safer situation. People are worried. Please mandate a full eir before allowing this construction to go ahead. There is no room for error. Thank you. Thank you for your comments. Can we have the next caller, please. Speaker im alicia chaven. Im a neighbor of the project on gate street and ive been here 21 years. I, like the previous speakers, have high concerns about the project and the incomplete and inaccurate reporting that has been done on the project. I will try to make it to the september 1st hearing, but i would like to go on record today in saying that the existing application should be denied and a full eir should be required. It makes absence and i wouldnt understand why you would vote otherwise. And thank you for your time. Thank you for your comments. Can we have the next caller, please. Speaker i have a few comments. First of all, yeah, we really need a full eir on this item. Just look at what happened the other day in baltimore and you can think about san bruno and all of these other things that the government loves to overlook. And i really dont theres stuff going on behind the scenes, i guarantee it. And i guess, yeah, for this it item, because its going to be tabled to another meeting. And yeah, i will wait for the next Public Comment. Thank you. Thank you for your comments. May we have the next caller, please. Speaker yes, hello. Im connie ewald and my husband and i have lived on upper gate street for the past 45 years. Were very concerned for the risks that this project exposes our neighborhood to. We are directly in the blast zone of a pipeline explosion. I urge the supervisors to insist on a full Environmental Review and of sitespecific Emergency Response and evacuation plan. Thank you. Thank you for your comments. May we have the next caller. indiscernible . Hi, was there a comment in there . Speaker there was a comment if you would allow for it to take place. Were taking Public Comment on 33 through 35. Its the fulsome Street Project appeal. We are not taking Public Comment on item 27. Please proceed on your comments with items 32 through 35. Speaker four our five of you, this is the fourth time this project has come before you. indiscernible . Thank you for your comments. May we have the next caller . Please proceed with your comments. Speaker im right on chatman street right across the construction site and im just here to make my voice be heard, as well, with every other neighbor in Bernal Heights that we need an eir report to be done, as well as a report before this project continues. This is right across from my house and so this is this seemy high risk and im joining the voices of myself and i want to make sure were heard. Thank you for your comments. May we have the next caller. Speaker i live on chatman street, as well, and ive lived here for 15 years and i encourage the board of supervisors to really, really give consideration, the risk here by not doing a full eir assessment on the pipeline. Its common sense. I dont know why you would do a project without a full assessment. It should be done in a timely manner, as well. And nothing should move forward until this is done. Thank you for your time and i look forward to september 1st. Thank you for your comments. May we have the next caller. Speaker hello. My name is nancy zekas. I live at 405 chatman street within right across from the proposed site and im requesting that a full eir be done and i support the appeal and i have two teenagers that asked me this morning why their supervisors would not provide this extra caution and im not sure how to answer them. So i would love it if you would take the time in Due Diligence to be responsible in a dangerous situation. We just found out more recently how negligent pg e has been, so please, were really requesting that you think about this thoughtfully. Thanks again. Thank you for your comments. May we have the next caller. Speaker i filed this appeal and i would like to awere this support of the continuance, but i would have to say we are getting so angry continue to be angry that the agencies are not being straight about the safety issues that seem apparent in this project. If i would like to say if the eir had been working seven years ago before we had to go back to two cat xs being reported with this motion, this could have been done with this a long time ago and im hoping that this time we can get to the bottom of it and we can get a full eir ordered and completed. So, i would like to thank supervisor ronen and the rest of the board and particularly soup storsupervisor ronens staff. Thank you and well see you in two weeks. For the next caller, we have 58 listenser58 listeners and tee to speak. Can we queue up the next caller. Speaker good afternoon, supervisors. Im one of the project sponsors. I think ive tried to do everything weve been asked to do and ive been a sponsor and cooperative and weve met with the neighbors and theres always something coming at the last minute. And im beyond my rope here and theres people talking about their kids. Wellwe dont own the house. Im 56 years old and i dont have a house and i would like to be able to build my house. I mean, this has been going on for way too long. They keep on asking for eir and i think, you know, its time we move on and if theres anything thats missing, let me know, but i hope that september 1st will be the date where we finally get this project through and weve done everything to do everything we were asked and i hope to get your full support. And i thank you for your time and your patience. Its difficult for everyone, and i hope we get through this september 1st. Thank you for your time. Thank you for your comment. May we have the next caller. Hi, yes, my name is gail newman. I live on fulsome street just below the pg e pipeline. Im in fear for our neighborhood. Its interesting that im following this last caller because weve been trying to do this for seven years and the Safety Measures had been put in place at the beginning we would not be here now. We need an eir and i hope youll listen to the fear of our neighborhood because these issues have not been addressed. Thank you very much and i appreciate all of the hard work that youre all doing. Thank you for your comments. May we have the next caller. Hi, caller. Is there a caller on the phone. Perhaps we can skip them over and circle back to them . I failed to ask the interpreters to speak. Do we have interpreters here to make an announcement for any callers who may be on the line . Yes. Im here. Hi, arturo. speaking spanish . Speaker we thank you all for your time over the years for listening to our requests and we understand this is a unique situation and not just a simple case of getting permits for a couple of houses. Its a unique situation of the hill and the land on which these houses will be built. Its not just a hill in San Francisco. Its a special hill that has its own special unique property underneath it as a pipeline and we support the continuance and we look for a full eir report so that we can all be prepared and make a decision with all of information. Thank you very much for your time. Thank you for your comments. Our next caller . Do we have a caller on the line . Speaker yes. This is linda winer. I have lived here 50 years and would like to live here at least 30 more and i think calling for a full eir is totally appropriate. I realize this is a long, drawnout project but its a complicated project. We have a pg e pipeline on a very steep hill and there are all sorts of variables and calling for an eir is appropriate. Thank you to supervisor ronen for listening to our concerns and we hope you support us in trying to make our neighborhood safe because we have nervous. Thank you very much to all of us. Thank you for your comments. The next speaker. Speaker im a resident of the heights today and i want to speak in support of my supervisor, hilary ronen, motion, while we get to the bottom of this. The 26inch gas pipeline. Although i live on the other side of the hill, im not sure that i live that far away, given the size of the explosion that has taken place in these circumstances. So lets get to the bottom of this new information. Thank you very much. Thank you, caller. Before the next call erber, e are talking about the fulsome street appeal, the proposed continuance to september 1s september 1st and we ask that the commenters please limit their comments to the continuance only and not to the merits of the appeal itself. Is there a caller on the line . speaking spanish . Thank you, faye. Agnes. speaking Foreign Language an. Thank you, any callers on the line . Hi, is there a caller on the line . Speaker hello, can you hear me . Yes, we can. Please proceed with your comment. Speaker hi maim is herb and i live on folsom street. Weve lived there for almost 40 years. I support the continuance and will have more to say on september 1st. We know that this has been going on for seven years and now is a time for real analysis i support the continuance and will have more to say on september 1st. Can you hear me . Yes, we can hear your comments. Are there any more comments . Speaker yes. I would like to advocate for a full eir is and thank very muchh hilary ronen and her staff for all of their assistance, staff and leadership. Thank you for your comments. I believe we have a few more callers left . Speaker im one of the project sponsors. indiscernible . Speaker good afternoon, supervisors. Im jim fogarty and im one of the project sponsors at 3516 and my wife and wife, we bought one two properties and have spent endless time and money trying to build our house. indiscernible . That completes the queue. Mr. President. Thank you, thank you for the Public Comments, for the continuance and i believe we have a motion on the floor to continue these items to the september 1st meeting. Go ahead and call the role on the motion. On motion to continue items 32 through 35 to september 1st, 2020. role call . There are ten ayes. So the motion passes to continue the items until september 1st. Moving on to our last three special orders for 3 00 p. M. And if supervisor safaye can hear us, then hes welcomed to join us again. Madam clerk, items 36 through 39 together. Items 36 through 39 are the 3 00 special order for a hearing of persons interested in objecting to the certification of a time Impact Report for the proposed balboa reservoir project issued by the Planning Commission through motion number 2730 dated may 28th, 2020 to construct approximately 1,800,000 square feet of uses including approximately 1. 3 and 1. 5 gross square feet of residential space, 10,000 square speed of Community Space and 7. 5 of retail and 550 residential Parking Spaces and 750 public Parking Spaces. Item 37 is a motion aformin affg the certification and item 39 directs the clerk of the board to reverse the fer. Whoevers background that is, we would appreciate it if you can mute that. So we have before us proposed by the balboa project in district seven and this is related to the Planning Commissions final Impact Reports and certification for this project. After the hearing, the board will vote on the final Environmental Impact report certification. Without objection, then, we will proceed as follows. Up to ten minutes for the presentations by the representatives and two minutes per speaker in support of the appeal, up to ten minutes for a presentation from city departments and up to ten minutes for the project sponsors for the representative to make their point and two minutes per speaker in opposition to the appeal and in support of the project. Finally, up to three minutes for a rebuttal by the appellant or their representatives. Colleagues, any objections to proceeding this way . Seeing no objections, the public hearing will proceed as indicated and now open. As this project is in my district and knowing there are many people waiting to speak, i will save my remarks until after the presentations. And i dont see anybody else on the roster, so i will now ask the appellant to come forward and present their case. You have up to ten minutes. Good afternoon, supervisors, im representing the appellants. And since i only have ten minutes to present the appeal, i would ask you hold questions to the end of my presentation. On its face, this is about mistakes the Planning Department made in presenting and preparing an eir for one specific project. In reality, however, this appeal is about how the Planning Department has addressed two Major Development issues. The first is building Affordable Housing. Working with commercial interests, the Planning Department came up with a strategy of piggybacking Affordable Housing on market rate projects, either through inclusionary units, bonus units, inlieu fees or selloff as in this project. That strategy has failed. And this eir fails because the Planning Department refused to respond to a proposal that asks it to look at an alternative and potentially better the strategy. The citys recent report on housing strategy shows how the current strategy has failed. And im going to put up this is the slide from the report that was made on housing last week and presented to the land use and Transportation Committee and what this slide shows is what has been in the pipeline since 2019. It shows the 73,000 units in the pipeline, 14,000 affordable units and roughly 19 . But 30 of that 73,000 are just applications. Those may or may not ever go anywhere. Another 39 are major multiphased projects and these are large projects that can take many years to build if they get built at all. This was approved in 2011. This is to build three thousand to six thousand affordable units. You should ask how many units have been completed and i believe the answer will be none. The second slide shows how were doing how the city is doing in terms of the Regional Housing needs allocation and what you can see here is that in the above moderate, that is to say market rate, what the Planning Department said is 100 . However as supervisor peskin pointed out at the hearing last week, its actually 140 . Of the goal that was set. On the other hand, when one looks at the Affordable Housing categories, all together, theres a deficiency of roughly 60 in Affordable Housing production. And so, the point is, this isnt working. And yet, the Planning Department is sticking to the failed strategy. This project suggested another option, use the land for 100 affordable pedestrianoriented residential project focused on meeting local needs. The second issue here has to do with Public Transit. This emphasizes Public Transit use and thats good. More recently, to the point of ignoring pedestrian and parking issues and that strategy is behind the balboa area plan, which is what this project is based on. However, the covid19 pandemic raises serious questions about that strategy. It has become clear that using Public Transit, particularly crowded Public Transit, can promote the virus. And the public is aware of that and Public Transit use has plummeted. This slide, next slide, shows reportings are down 69 and transit revenue is down 93 and if we go to the next slide, you can see that ridershi riderships dropped by 80 for transit. Now, driving has actually started recovering. Its recovered quite well. Even walking has recovered reasonably but transit is mired in the same situation it has been since the covid started. And when we ask that they take into account the covid19, planning said thats too speculative. Whats speculative not will covid19 still be here in a year or two years, whats speculative is assuming that it will not be here. The evidence right now suggests that to the contrary, that covid will take a looping tim long tit over and people in San Francisco will not be taking Public Transit in the way they used to for quite a long time. So the question is, what do we do here . I think the answer is, we need to look at how we deal with covid19 in terms of transit and what other things we could be doing. For example, do we need to consider broadening city policies to promote walkability. please stand by that means theres going to be no financing for this project. Without that financing, the project is infeasible. If the project is infeasible, then, the site will sit empty and basically will be in blight. Thats not a good thing and is also a ceqa impact. Basically, what were saying here is the citys policies have failed. You need to insist that failed policies be replaced by better ones. We a only by rejecting this e. I. R. Can the board address the failure of its existing policies. Thank you. President yee okay. Thank you for your presentation. I dont see anybody else on the roster, so ill go ahead and move to Public Comments on those who would like to speak in support of the appeal. Madam clerk, would you check if there are any callers in the queue. Clerk yes. Operations, do we have any callers in the queue . Operator yes, madam clerk, we have 19 callers in the queue. Clerk hello. We welcome your comments on this item. Hello to the first caller. Hello, caller. Welcome. Operations, maybe youll try the next caller. Well circle back to that first caller. Hello, caller. Welcome. Hi. Hi. Im appellant alvin jacques. Ive sent you a lot of materials regarding the e. I. R. , and i hope you have looked at them objectively and impartially. My documents contained evidence and documentation to show how the e. I. R. Is inadequate and defective. In contrast, the Planning Departments arguments against mine are characterized by salty logic, and unsubstantiated opinions that are negated by my evidence. Second of state colin powell went before the u. N. Security council to prevent evidence of w. M. D. In iraq. After the war, there was no w. M. D. To be found. Colin powell had provided to the u. N. Evidence that was not accurate or objective. You are in the position of colin powell today. Your decision should be based on impartial objective on the review of all written records. They say the truth shall set you free, but in contrast, the Planning Department has tried to suppress the truth. Th they [inaudible] they should have been carried forward for thorough assessments in the seir. This was not done. This one reason alone is sufficient cause for reversal, so please vote for truth overpower. Vote for truth over the corrupting influence of powerful developers. Clerk thank you for your comments. Okay, operations. Please send the next caller through. Welcome, caller. Youll have up to two minutes. This is steve zeltzer. Clerk we hear you. This is steve zeltzer. I want to call for a rejection supporting this appeal because basically, this is a privatization scam. The San Francisco Labor Council have opposed the transfer of this land to a private developer and called for its transfer to city college of San Francisco for a development for Public Education. The city Planning Department has spent millions of dollars pushing this development against the interests of the students, the faculty, and the staff. They put Public Education secondary to the developer. They were even refusing to accept an m. O. U. The president of the board is saying hes going to go to the m. O. U. , the conclusion of the chancellor of the city college, which is an outrage. We need 100 Affordable Housing, which can be done on public land, not by the privateers who are running this operation. Its a travesty. Theyve manipulated figures. Theres a gridlock right now on ocean avenue. Theres no plans for really having mass transportation. 1100 apartments is going to mean more gridlock and really destruction. Also, were in a depression now of San Francisco. There are thousands and thousands of empty condos, and yes, youre going to spend money supporting 100 new condos, most of which are market units . Its an insult to the people of San Francisco. We need more education of young people, of working class. Lastly, this is a racist proposition because the workers who need to travel with their cars are not going to have space to park where they are. Other colleges have space kanata and east bay. Here in San Francisco, where students do need cars to travel, theyre not going to be able to have that. You need to reject this appeal. The clerk thank you. Thank you for your call. Thank you. There are 18 callers in the queue. Operations, please unmute the next caller. There are 45 listeners. Welcome, caller. Hello. My name is laura frey, and im a long time San Francisco resident. I hope that you grant the appeal and do not accept this project. Somebody brought this up at the Committee Meeting in july that this project was brought up almost exactly the same time as the Accreditation Process against city college. City college was focused on the accreditation thing, and it was not focused on how it would affect them and its impact on the future. For this reason alone, the peal ought to be upheld and not go through. Another thing is, how the Fire Department approved this. This is a very dense project, and it doesnt have the infrastructure for firefighting that all the other dense areas of San Francisco have, so that was another reason. And just like mr. Zeltzer just reminded you, it falls to the supervisors to make the call. The Planning Departments agenda is a little bit more set, where the board of supervisors can really see and feel whats best for the city, whats best for future generations. Please support the education of future generations. Thank you. Clerk great. Thank you so much for your comments. Operations, next caller, please. We have 22 listeners in the queue interested in speaking on this balboa project, and there are 48 listeners. Welcome, caller. So supervisors, as i stated the last time, all public property should not be given to the Big Developers, and there are some of you all who are in the pockets of the developers and i know who you are. The other thing is we were fighting to save city college, and while we were fighting to save city college, Big Developers and powerful crooks were working on this project the last time you had the debate. Supervisors, nothing should be given to the corrupt, to the Big Developers. Not like most of you all, but some of you all gave to mission bay, Public Trust Land to build highrise buildings prone to liquefaction and flooding, and our Building Department is a disgrace to the human race. Thank you very much. Clerk thank you for your comments. Operations, next caller, pleas please. Welcome, caller. Good afternoon, supervisors. My name is deann ruiz, and i am a d1 resident and member of Richmond District rising. I urge you to vote for the appeal and demand that the city come back with a project that keeps this site publicly owned and developed as 100 affordable. In the e. I. R. Is first and foremost a Disclosure Document. This e. I. R. Fails as a Disclosure Document because it does not study the 100 affordable alternative which would have a lowerer Environmental Impact. A lower Environmental Impact. It should be done because building on public land is the best deal the city can make and its the most cost efficient way to make Public Housing. [inaudible] to build all affordable. This should be the model used for balboa reservoir. The board should not and does not need to sell the site for market value. Asset and income section 23. 120 simply says that supervisors have to pass a resolution saying it would further a public purpose to sell it for less than market. The infrastructure will be paid for mostly by the state, which is already in the budget proposed to you. With that and the savings for the land, you could build the same amount of units for about 100,000 less per unit than the m. O. H. Cost for public units. Thats right. You could build for about 100,000 less, a savings of 5. 5 mill i dont know. The city should not be in this position. Weve already overbuilt the citys need for luxury housing. Reject this deal and dont throwaway the chance to build Cost Effective Affordable Housing on this site for generations to come. Thank you. Clerk thank you. Operations, next caller, please. Welcome, caller. Hi. My name is micah, and im a lifelong San Francisco person and City College Student, and i just want to echo everything thats been said about supporting the appeal on the seir. You know, for all the reasons that everyone already stated, it does not make sense to build any forprofit on the largest huge tract of public land, and speaking for myself and my community of City College Students and teachers are our most of us wont be able to afford even the socalled affordable units that are designated in this proposal, so i really, really, really urge the board of supervisors to continue this project, to support the publics appeal and reverse the decision of the Planning Commission which certifies the e. I. R. And i also want to say that i think you need to make the procedure as giving Public Comment much more accessible. It was incredibly wrong that so many people that were going to speak about the antiblackness issue, item 27, were silenced. And i think that the fact that its not accessible for citizens of San Francisco, for residents, to give Public Comment, is a measure of antiblackness, and i urge you all to consider how you can change the procedure more accessible to truly make a justice change in our city. So in that vein, please consider this procedure to make it more accessible, and also please support the appellants appeal of the e. I. R. Thank you so much. Clerk thank you for your comments. I just want to welcome anyone whos interested in learning about the procedure to definitely check out my office hours. We have them both on mondays and fridays, and love to walk you through state law and how our charters and local laws intersect with these procedures. Operator, next caller, please. Hi. My name is dina wilson, and im a teacher at city college, and i teach e. S. L. And every month, i bring home about im a parttime teacher. I bring home about 2700 a month, and thats hard to live on in San Francisco. And me and my students, who are mostly students of color, are just [inaudible] selling for public Prices Public land to a corporate developer for market rate units is disgusting in this city, the richest city in the country that i know of, and that has probably the most Homeless People desperate, unhoused residents. Also, this this project disregards prop a, which shows that San Francisco voters desire the development and the expansion of city college. We at city college have been besieged by the false accreditation crisis, which wasnt really a crisis. All of this feels like, you know, land grabs, and its just wrong. Please vote to stop this terrible, evil project. Thank you. Clerk thank you for your comments. Operations, next caller, please. We have 21 members of the public in the queue, and 50 listeners. All right. Welcome to the next caller. Hello . Thank you. Hello. This is adrian shetz, and i would like to lend my support to the continuation of the balboa Housing Project clerk sir, im going to pause your time. Your opportunity to speak will come in just a few moments after the project sponsor makes his comments. Then, were going to take Public Comment in support of the project sponsor. This line of Public Comment is specifically for the appellant. Sorry. Clerk no. Your comments are wanted, but just in a couple of minutes. Thank you. Operations, next caller, please. Hello. Supervisors. Im calling as a creative disabled student at ccsf. Id like to ask you all to please vote in a way that will support the City Community regarding the balboa reservoir proposal. Although the term Affordable Housing is being used, the building that the corporation wants to build to will not be accessible to our students, and thats just one aspects of the problems that other callers have addressed and im sure will continue to address. The project will further gentrify the city. Seeing as theres so many additional issues with the e. I. R. , so many issues waiting to be heard since the pandemic, we urge the board to grant the appeal and reverse the Planning Commissions approval of the seir. We want to create truly Affordable Housing that will house black and Indigenous Students of color. Personally, if it was not for Affordable Housing, i would not be housed during this pandemic. Housing is a Public Health issue. Please consider your legacy. Please vote in support of the people. Thank you so much for listening. Clerk sir, thank you for your comments. Operations, next caller, please. Hi, hi. Im an, im an International Student studying at ccsf, and i grew up in a third world country, and its corruption is really famous where i grew up, and its a well known move of the government to fast track anything at all to privatize the privatize organizations. And i i spent most of my last semester studying gentrification and Public Housing in San Francisco because my Teacher Required me to. I dont think that giving public land to Privatized Companies is really a right move, and for me, i dont have any sense or even known of anyone who goes lives at ccsf actually studies there because the renttoland barrier is already so high. People have to live away from school, pretty much far away, and its a great thing that you guys have, an opportunity to offer free education, free college, and you guys should develop that opportunity to give education for more and more citizens and build a legacy around yourself as a good public employee. But giving the land to other Privatized Companies is not one of them, its not how you build your legacy of helping your citizens to have good education or good or good housing opportunities. And the the market price is actually not for me, its not working. I dont know how can i even afford living around there, being a student at ccsf. So thank you for considering my comments clerk thank you. Thank you, caller. Appreciate your comments. We have 17 members of the public in the queue and 53 listening. Welcome, caller. Hello . Clerk hi, welcome. Good afternoon, president yee, members of the board of supervisors. My name is damon brown. Im an apprentice with Carpenter Union local 22. Im in support today of the balboa reservoir project. It will bring lowincome housing and much needed Family Housing and Child Care Services to the neighborhood, but it will provide employee wages and benefits. As a construction worker, i look forward to work in the community where i live so i can spend more time with my family. As a resident of San Francisco, i would urge you to deny the appeal and move the project forward as quickly as possible. Thank you. Clerk thank you for your comments. Operations, next caller, please. [inaudible] hello. This is anastasia ionnapoulos. A Housing Project would be less impactful to the environment and less expensive allaround. As youve heard, the land should be in the hands of the people, not used for forprofit developers. Clerk thank you for your comment. We are taking Public Comment for those interesting in speaking in support of the appellant, up to two minutes each. In just a minute, we are going to hear from the Planning Department, project sponsor, and then, well take Public Comment in opposition to the appeal. Operations, next caller, please. Good afternoon, supervisors. My name is michaela godwin, and i am a student and lifelong learner. I am in support of this appeal. Theres no need for market rate housing, but theres a great need for 100 Affordable Housing. Theres a need for restorative justice. This project represents a betrayal of the public trust. Its reminiscent of the fillmore urban project of the 1960s, which displaced thousands of black residents in San Francisco, who were never able to return. There are more viable and just proposals which would provide 100 low cost housing. Theres no need to give away public land to private developers. What is needed is a plan which is should be considered and not ignored, which would not disrupt or reneg on so many public projects affecting city college. Thank you for your consideration. Please respect this appeal. Its so needed, and we must not have another betrayal of the public trust. Thank you, supervisors. Clerk thank you for your comments. Is there another caller in support of the appellant . Operations . Hello . Can you hear me . Clerk hello, welcome. Hello. My name is erica, and im a City College Student encouraging the board of supervisors to overturn the Planning Commissions decision and grant the appeal and overturn the e. I. R. We need 100 Affordable Housing, especially for our black and brown students and ccsf community. In addressing what it means to be antiracist, what greater way than to get Affordable Housing. Cerritos college did it, and so can city college. We can pave the way towards racial justice. To be actively antiracist, it [inaudible] for students and educators [inaudible] to all the supervisors that agreed to push for 10,000 units of social housing this november, please ask for 551 Affordable Housing. That is possible if you reject the e. I. R. Please vote for housing beneficial to City College Student. Thank you. Clerk thank you for your comments. Operations, next caller, please. Hello. Can you hear me . Clerk we can, sir, but if your television is turned up, you might want to turn it down. Theres an echo probably from your television. I just did. Thank you. Clerk thank you. Yes. My name is michael ehrens, and good afternoon, supervisors. I am president of the Westwood Park association, and i make these comments on their behalf and in support of the appeal. Westwood park is a neighborhood directly adjacent to the project. The appellants in their brief argue that 100 Affordable Housing should have been analyzed in the e. I. R. They are correct. They are 100 correct. Westwood park submitted scoping comments in 2018 and comments further in advance of their may 2020 meeting. In those comments, we argued that Planning Commission should consider that uses for the 17 acres that benefit the public, the public good. We urged that a portion of the property be built for a true 1 is 00 Affordable Housing, just as many as 550 units so that the public benefits. But we also urge that the rest of the project be considered for other future public use, not for privatization of the land. Notwithstanding our requests, in 2018 and 2020, the e. I. R. Did not consider 100 Affordable Housing alternative, and notwithstanding our requests, it was not considered, and the appeal, we feel, should be granted, and we thank you for your time, supervisors. Thank you very much. Clerk thank you, sir, for your comments. Operations, please send the next caller through. We are currently taking Public Comment in support of the appellant. Youll have up to two minutes. Welcome, caller. [inaudible] im speaking in support to allow the appeal to go forward. One of the lessons of covid19 is that increased density has significant effects on Public Health. The e. I. R. Does not address the fact that building 1100 units on this site creates a project with a population density that is at least ten times that of the surrounding communities and is exceeded only by chinatown and the tenderloin. The e. I. R. Does not adequately address many adverse impacts on transit. Many of these cannot be mitigated. As a student at city college in spring 2019, i commuted from district 8 using Public Transit. I have multiple route options; they all were problematic. The proposed project does not mitigate the impact on traffic. One of the proposals is lee avenue as a point of access. The Planning Commission notes that loading for whole foods on lee already create congestion problems on this narrow street. Im totally against the sale of public land at bargain prices to a public forprofit private forprofit developer, and i urge you to allow the appeal to go forward. Thank you for hearing my comments. Clerk thank you, sir, for your comments. We appreciate that you came to the hearing. Operations, is there another caller in the queue on behalf of the appellant . Youll have up to two minutes. Welcome, caller. Hello. Good evening, supervisors. This is jennifer heggie. The reservoir e. I. R. Is inadequate, and it doesnt take into effect the pandemic that were living to, and the fall out. It doesnt take into effect safe transportation, it doesnt consider the higher Pandemic Health risks from increased air pollution, and the unmitigatable significant air impacts and noise to the area. Long ignored needed bicycle and pedestrian transportation improvements and a more significant amount of parking than is mentioned. Parking numbers were cherry picked in the e. I. R. , and numbers in the city colleges contracted independent p. D. M. Study were not considered. Also, the ocean corridor [inaudible] and bicycle excuse me, bicycle access has not been addressed. The developer funding thats 11 million in transit improvements doesnt address this corridor nor does it adequately study transportation access from the northside. To add insult to injury, the sfmta doesnt have an approved plan despite five years of our requests for one, so the sfmta commission went ahead and approved this commission without a plan. Critical for this city is the area post pandemic, when many san franciscans will be struggling to find work that can support them. Thats when access to retraining is most important. Thats when there is no solution to simultaneous construction of the balboa reservoir and replacing city college buildings. Clerk thank you, caller. Thank you, caller. Thank you. Clerk we have 12 callers in the queue and 51 listens. Operations, next caller, please. Youll have up to two minutes. Im also calling in support of the appeal. I do not think that public land should be sold to a private entity at bargain rates or development for forprofit purposes, and i agree with the other callers that this project doesnt make sense. You know, people are going to be moving out of San Francisco, and it doesnt make sense to develop market rate housing right now. And also, the socalled Affordable Housing component, time after time, San Francisco has had Affordable Housing problem. Its been designed to attract entry level tech workers to keep them in San Francisco, and theyve not, you know, truly been for the working class who need Affordable Housing. San francisco does not want this working class. Theyd rather have them in the east bay, so id like San Francisco to truly have some affordable Housing Programs. Thank you. Clerk thank you for your comments. Next caller, please. She hello, caller. Welcome. Thank you. Good afternoon, commissioner supervisors, excuse me. Im here to speak in support of the in support of the appellant. My name is evelyn. I think we need to press pause for a moment. We have to beware of the consequences of unforeseen circumstances. Much of this discussion, if not all of it, took place precovid. We cannot even imagine whats to come. The displacement of students has already taken place. The thought of all this luxury housing glowering down on the students, if any should be here, is grotesque. I urge you to support this. I thank you for your deep listening to the appellants and to our voices. Thank you very much. We must beware of unforeseen circumstances, and we really have to rethink this and move forward with more equitable outcomes. Thank you. Clerk thank you for your comments. Operations, next caller, please. Welcome, caller. Operations, i imagine excuse me. Please continue, maam. Sorry. My name is jean beresch. Please support this appeal and reverse the decision of the Planning Commission certifying the seir. This seir is fatally flawed for many reasons. One of them is it should have considered an affordable Housing Project. At a recent land use and transportation meeting, it became clear that there is a severe land shortage for Affordable Housing. Yet december migspite this, Th Commission partnered with a company in supporting market rate units rather than supporting a 100 affordable unit. Its obsolete, and its driving this project. Lets move forward, not backward. Lets move towards a housing policy that meets the needs of all san franciscans who need a place to live in the city instead of driving for hours to work in our hospitals, drive our buses, and work in our streets. Its not too late to pull the train back into the station to fix it or return the horse to the barn until its ready to go onto the track. A 100 affordable project at this site is a better plan and is fiscally feasible. All it takes is the will to do the right thing. Please use your strong intellect, compassion, and common sense. Support this e. I. R. Appeal. Return the e. I. R. To the Planning Commission for consideration of a 100 affordable project. Thank you very much for your consideration. Clerk thank you for your comments. Operations, next caller, please. Welcome, caller. Youll have up to two minutes. Hello, caller . Welcome. Hello. Thank you, president yee and the members of the board of supervisors for allowing me to speak today. My name is rol [inaudible], and i am a member of seiu 22 clerk sir, im pausing your time. So you are speaking on behalf of the project, and that part of the Public Comment is still yet to come. We are in the Public Comment to support the appellant. Were going to hear from the project sponsor and the Planning Department, and then, well take Public Comment, and you can please provide us your comment at that time. Oh, okay. Sorry. Clerk no, no problem. Thank you for attending the hearing. Operations, next caller, please, in support of the appellant. Welcome, caller. Hello, caller . Okay. Please keep trying. Okay. Hello, can you hear me . Clerk yes, we can. Welcome. Thank you. My name is wynn kaufman. Im an engineering instructor at city college, and i am speaking in favor of the appellant. This e. I. R. Should not be accepted. One of the glaring problems is that the is the affordability aspect. This should be 100 Affordable Housing, and that option was not even considered. I read in the chronicle the other day that supervisor and president of the board yee said that when he asked the developers, they said that it was just not financially feasible. Well, of course the developers are going to say that, and i think that he needs to talk to mr. Joseph smook who did look at it and determined that 100 Affordable Housing is feasible for 550 units. It would be quicker to build, and you would not be turning over public land to a private forprofit developer, which, you know, especially at this Bargain Basement price that theyre being offered it at. Its just shameful. Its corporate welfare at its worst. And the other thing is you have to consider the impacts on city college. You are looking at a school that is offering opportunities to black and brown students, immigrants, working class communities, lowincome, and you cannot take their access to education away. Please, supervisor yee, do not let your legacy be the demise of city college. Thank you. Clerk thank you, caller. Operations, next caller, please. And while were waiting for the next caller to queue, i will say there are eight listeners in the queue and approximately lets see here we have several others, about 53 listening. I just will remind the callers not to address the members of the board directly, address the board as a whole. We are currently taking Public Comment in support of the appellant, two minutes each. Next caller, please. All right. This is my line is unmuted, right . Clerk hello. Welcome. Okay. My name is madeleine mueller. Ive been a faculty member at city College Since 1965, and im one of the speakers asking for this seir not to be accepted. Supervisors, please vote yes on the appeal. This e. I. R. Has serious flaws that youve heard about and some very obsolete data and information, especially in areas involving transit implications. If you are supervisors today who wont take the necessary time to review this and reject the e. I. R. , you are rejecting city college, the only place for students throughout the city to come. [inaudible] well, i think you could give him a better legacy if you took the time now to correct this e. I. R. I have heard others say there have been enough time spent already on this project development before you today, but it really has not been enough time when considering that, since the beginning of the process several years ago, those of us trying to speak on behalf of city college were told from that beginning, its a done deal, or more colorfully term as youve heard already, that train has left the station. I attended each of the 60 or so of the balboa Reservoir Community meetings and gave statements on what would best serve the 20,000 students each day that attend ccsf that already use Public Transit. My comments were consistently avoided or my questions were answered incorrectly. City college has fought this before, primarily the e. I. R. Years ago. In the past clerk thank you. Thank you for your comments. Thank you for your comments. Next caller, please. We have about Seven Members of the public in the queue, about 53 listening. If members of the public want to move from the listening position into the public testimony position, please press starthree, otherwise, well just take the next six callers or so to the end. Operations . Hello, can you hear me . Clerk yes, welcome. Okay. Hi. Im a student at city college. My name is jeff wynn. I am also appointed to represent student interests in the Facilities Committee, and i am calling to, like everyone else in this comment section, to be in favor of the appellant. We believe that this land is very important, and its public land. It should not be given at Bargain Basement prices to developers who are known to not use local union labor, and also, were struggling at city college, and we have so many underserved students and students that are on the verge of homelessness or they became homeless because of covid19. We cannot continue on with plans from precovid19 and build luxury housing when theres so many students on the street . And you need to be antiracist right now and, you know, build 100 Affordable Housing and prioritize our black and brown students who are struggling to make ends meet compared to everyone else, and theyre tired of being on the back of the bus. There was a meeting with a lot of students in the student union. Theyre tired of not getting help, and they want reparations. How come 100 Affordable Housing was not brought up to the Facilities Committee . I think this is not this is not, like, the train is leaving the station. Theres still the operator of the train, and it is unsafe course and it is the future that affects generations and generations of students. On the Facilities Committee, we may not have a mathematics and science building. We need to know that this land is going to be used for public good for a really long time. Clerk thank you. Thank you for your comments. Okay. Operations, we still have eight members of the public in the queue, 56 listeners. Please unmute the next caller. Good afternoon, supervisors. This is thomasita naval, and im speaking in support of rejecting the e. I. R. If this is public land, then the only project that should be build there should be 100 deeply affordable and affordable. The mixedtype model is not working. It has produced a glut of market rate housing that is sitting empty while the need of Affordable Housing is severe and growing. If a 100 Affordable House were built on this parcel without a need for it to be profit generating, the project could be half the size. The project study includes 550 units of affordable. If the total project were 550 units of affordable, without the need for 550 units of forprofit market rate, then the time to build would be cut in half, as well as the noise and dust pollution and Traffic Congestion that affect as the nearby neighborhoods. A 100 affordable project, especially one focused on city college and those working there, and the students, would need no parking structure, nor an extension of lee road. Infrastructure costs would be greatly reduced. Pedestrian and Bicycle Safety would be greatly increased. The project could use the southern part of the parcel, leaving the northern portion for solar panel covered parking, thus generating electricity for the college and the project and for easy access to city college, which we all love and need. Please send us back to the Planning Department and ask them to revise the e. I. R. , this time, considering a 550unit, 100 Affordable Housing alternative. Thank you. Clerk thank you. Thank you very much for your comment. Next caller, please. Welcome, caller. Hello, caller, are you there . Hello . Clerk hello, welcome. Hello. This is gilbert chrisval. Im speaking on behalf of the appeal. The e. I. R. Is flawed. Students are getting screwed. Black and brown students, seniors, and disabled are getting kicked to the curb. It is time for the supervisors to ask pertinent questions of the project sponsor. The Planning Department was corrupt, munis corrupt, and the Planning Project of this is corrupt. Thank you. Clerk thank you, caller. Operations, next caller, please. Were taking Public Comment in support of the appellant. Youll have up to two minutes. Welcome, caller. Operations, perhaps go to the next caller. Hello, caller . Welcome. Hi, yes, im a if a ultimfa member at city college of San Francisco, and im calling in support of this appeal, as well. I know that we desperately need Affordable Housing clerk maam, i need to interrupt you for a moment. Are you speaking on behalf of the project or the appellant . The appeal. Im speaking in support of the appeal. Clerk thank you. Please continue. Yeah, absolutely. So we actually have quite a few students who live in their vehicles, students and some if a stoplight members who live in their vehicles out in front of campus, and theres no some faculty members who live in their vehicles out in front of their campus. Our faculty is paid 15. 59 an hour at a maximum of 20 hours a week. You can see that they will not be eligible to receive any of these units. This is yet another sweetheart deal that is being pushed through in a time of crisis in order to enrich politicians and developers. This does not serve the interest or the will of the people, and while we need it to happen, you know, this is this is this is not going to have the intended effect, i am afraid. And the other issue is that during the time of coronavirus, when we have classes that may still need to meet in person, like firefighting courses or nursing courses or Laboratory Science courses, we should be hanging onto whatever open space we have because holding some of those classes outdoors is a possibility. Its not going to be a possibility if luxury condominiums are built upon every square inch of campus. Thank you. Clerk thank you for your comments. Okay, operations, please send through the next caller. [please stand by] it is possible to actually build internal subsidies for those who require affordability. It is an investment for the college and this will be in the future. All the other questions of pitting affordability and housing, its a Major Institution and possible. Thank you for your understanding. Thank you for your comments. Operations, we have 60 listeners. If there are listeners in the queue who would like to make Public Comment on behalf of the appellant, please press star three or well take the five members who are actually in the queue to the very end. This is your last call. Operations, next callers. Welcome, caller, you have up to two minutes. Speaker a city student and im calling to urge the supervisor to not move forward with this project and i am not against development and im not against developing the reservoir. I think a lot of people understand were in a housing crisis and theyre looking for solutions. The reservoir is not a solution to the Affordable Housing crisis in the city and if we want to resolve that crisis, we need to look at 100 Affordable Housing to be developed without more market housing. Were above our target goal in the th city and we should be focusing on the Affordable Housing. I would also like to comment on the public land that will be to a forprofit dropper. Publideveloper. It is the right o this land and whatever happens to it who should decided or should be kept in public land. I really, really urge the supervisors reconsider this Development Agreement chiefly because we need this public land to stay public land instead of turning it into a forprofit private development. Thank you. Speaker the issues raised throughout the cac process are exactly the same in this appeal, that public land should be used for the best public good and any housing to be built should be 100 affordable and it is the development reservoir, then the college should be protected. This is documented by ignoring sf plannings own response to section 2. 1. 1, local agencies on s etceir. Theres an access agreement with the city college of San Francisco Community College District Access and this access agreement, along with the mou between the developer and city college cited elsewhere in the eir warran are the necessary agreements. Instead of granting a polite request, board president yee, cited the need to respect the liberations on this matter. However, the arguments put forward by the city during the time of negotiations during the city colleges handling of the li avenue extension show the city was not acting in good faith and presented and maintained false information to the school. Just now, the district is finally sorting out the false history about this and other misstatements of facts handed to them by the city during and after a state takeover of the school. Im a City College Student thank you. Thank you for your comments. Nooperations, the next caller please. You have up to two minutes. Thank you. I want to say that i do support the appellant and this is public land and its really going to hurt city college. I know people who go there that werent able to make it to this meeting, which support the public land staying public land. I want to echo what i heard everyone here say about this. I urge the board to hear it. And listen to how many people weve been doing this well over an hour now and Everyone Wants this to stay public land and thank you and i will wait for general Public Comment i will not be speaking on the 27th. I was at that committee. Thank you, caller. And just so that you know, item 27, you will not be allowed to speak on item 27 during general Public Comment. Operations, next caller, please. Speaker i want to speak in support of the appeal. This is a scarce public land and it is essentially a crime against future generations to squander it. Next caller, please. Speaker hi, im a staff person at the college, as well as a student there. And i just want to speak in support of this and i share the other callers enthusiasm for 100 affordable option, but i want to emphasize and celebrate the public use land that i see happen there so frequently. We have high school students, marching band practise happening there when theyre Athletic Field is occupied by the athletes. We have driving lessons of all forms and fashions, including of motor cycle Training School that is well established and happening practically every weekend, normal, nonpandemic times. We have a dance, cor corographyd people are learning to pogo stick and theres so much opportunity as the previous caller said. If you so much for your time. Thank you, sir, for your comments. Operations, please unmute the next caller. Were taking Public Comment in support of the appellant. Youll have up to two minutes. Welcome, caller. Speaker thank you for having me. My name is angelica and im a City College Student. Im calling because i wanted to let you know how important it for students and faculty and city college to have this opportunity to have better housing. I bring this up because like several people have mentioned, were having to go outside of San Francisco and come back to school and it takes a toll on you. Speaker today is my birthday and all i want is supervisor stephanie to apologize this is not appropriate. If youre interested in speaking at Public Comment, you have to address the board as a whole. If there are attacks on individuals, i will ask operations to remove you. If there is another speaker interested in speaking in support of the appellant, we will take the next caller. Welcome, caller. You have up to two minutes. Speaker not only the attorney but several other commenters have assured him that there is a viable plan that would address that and so i hope you will not continue to believe that there is not a 100 affordable, viable plan. The board received a reminder for me that your responsibility is to review the environmental report and review the arguments to ensure theyre accurate. But it turns out that by proving the eir, they showed that the ignored the possibility of a 100 affordable unit and they did not take up the related impacts of what has happened because transit is one of the great benefits of access to that area but the transit plan is completely changed and weve lost 40 muni lines and people are not feeling safe on buses. A shuttle has been rejected by the developer and the other arguments about the Planning Department overproducing market rate Housing Needs to be taken into account. Thank you, sir. Thank you for your comments. Operations, are there any other callers who are interested in speaking on behalf of the appellant or balanc balboa reser project. Speaker i already spoke. Thank you for your honesty. Welcome to the other caller. Speaker this is Peter Warfield calling on behalf of equity for older students and i can be reached equityforolde reached equityforolderstudent reached equityforolderstudents. C om. Public land should be kept for public good and especially in a city that has so little land in its borders. And the lovely phrase of free and equal access belongs to another institution in San Francisco, but free and equal access is free for many and i as a opportunity for every member to take part. Sending the public land to private developers for their essentially eternal use is to exclude forever everybody but those who can pay to play. And when we talk about pay to play, what is affordable in this city . The last i saw for a single person, the affordable income was considered to be 82,000 a year. It would be looking at that specifically but there are a vast number of people who would not quality for the housing, let alone the promised housing. We ask you to leave the public land for the public good in public lands. Thank you very much. Operations, please send the next caller through. That completes the queue. Thank you. President. Thank you for the Public Comments and well go ahead and proceed to our next i guess next step. Ill be calling, i believe the Planning Department. So you have ten minutes to give your presentation and who would like to get started, jenny or wade . Yes, hello, good afternoon president yee. Can you hear me . Im the Planning Department staff and i am here to recommend you uphold the planning certification of the balboa reservoir project subsequent environmental report or seir and deny the appeal. Im joined today by other Planning Department, staff and other city agency staff and i will now share my screen. The balboa reservoir is within the balboa area and eir was certified in 2008. The seir is a new eir that tears off the area and focuses on the conditions that need new analysis. On may 28, 2020, the Planning Commission unanimously certified the seir. On june 18, 2020, an appeal was filed by stewart flashman on behalf of madeline woller, alvin jaw and kauffman. Ten let eters were filed by the appellant. We have responded to the appellants concerns and none of the issues heard today are new, with the exception of one related to our current Public Health emergency. We thoroughly responded to the new issue during the seirs public review and in our appeal responses. And ill now briefly touch upon the comments raised in the appeal. Staff is available to respond in more detail upon request. The appellant contenteds that the city college open campus are ignored and that the seir fails to identify and mitigate significant cumulative impacts. The seir including the initial study identifies city College Facilities master plan and bond measure projects, including those on the adjacent east basins. The seir explains that it covers those issues that the area plan program didnt address, such as environmental topics at city college. As discussed in the initial study, the project wouldnt result in new, significant and unavoidable impacts on the college as it relates to public services. This does not contend that the project would result in secondary impacts related to parking shortages. They dont use parking availability for projecting future enrollment. The appellant contends the seir faillies to contend a smaller 500 unit alternative. First under sequa, its to identify those that would meet most of the basic project objectives and avoid or substantially lessen a project significant environmental effects. And the seir meets this requirement and includes a reasonable range of alternatives. Second, the 500 unit alternative would not meet most of the basic project objectives and one of the letters submitted yesterday substantiates this. It says no substantial improvements on the northern half of the project site and we shouldnt assume a park, Childcare Center or other amenities or extension of lee avenue with this alternative. Not only would this substantially reduce the amount of housing of the project, it would not comply with several other objectives related to infrastructure and other immenty. Its unreasonable to assume lee avenue wouldnt extend into the site and lastly, it would not lessen the Environmental Impact. The seir analyzes an alternative at 800 units and concludes it would not lessen the project significant and unavoidable impact. The impacts are associated with the extensive site appropriation and grading that the project requires, regardless of the number of dwelling units or the income level of future residents. The reduced density alternative wouldnt avoid or substantially lessen any transportation impacts, nor would a 500unit impact do so. There are no new responses in the new seir and were happy to answer any questions to those responses. In conclusion, the appellant has not demonstrated that the final seir is not supported by substantial evidence and the appellant hasnt provided information that tha this is objective and comply was it california equitabilitiability and the administrative code. For these reasons, the Department Recommends the board upheld the subsequent eir and deny the appeal. This concludes the departments presentation and staff available for any questions, thank you. I would like theres a few questions because of the comments. So maybe if we could do that. When you look at the impact study with regards to city colleges land, was there anything did you look at any of that cumulative impacts . Im sorry, president yee. Can you plain that question youn again . Sure, what projects were specifically included in the eir . Was it just solely the balboa reservoir project in terms of the housing . Does it include some of the things city college might do later, whether its five years from now, 20 years from now or, you know, 100 years from now . Could you tell me if you studied that or not . Wade, would you like to take this one . Thank you. Im with the Planning Department staff and yes, absolutely, president yee. We, in the draft eir, we acknowledge the city colleges draft facilitys master plan and potential upcoming bonds at that time. And the various projects that could be included in that bond. And the draft eir analyzed the combined impacts of the project with city college and disclosed the impacts from that. And then in response to numerous Public Comments on the draft eir, we just pointed back in the response to comments document where they analyze and impact the city college. There was also some mention by Public Comment about loss of the Parking Spaces. Its questionable how much will be lost and how much is the current parking lot thats there, is utilized or underutilized. So did you study that piece at all in terms of the developers commitment to at least bring back 450 Parking Spaces rather than the 1,000 that are there. The first is that parking in and of itself is not a s earningequaissue. However, we did study the secondary effects as related to parking and could the lack of access to parking cause secondary impacts to the potentially people driving elsewhere and causing other impacts. And we concluded that it did not