Transcripts For SFGTV BOS Public Safety Committee 20240712

Tv for staffing this meeting, and for your support today and every day. Mr. Clerk, do you have any announcements . Yes. Thank you, mr. Chair. In order to protect the public, Board Members and city employees, the board of supervisors and the legislative chamber and Committee Room are closed. This precaution is taken pursuant to all local and state and federal orders. Committee members will attend the meeting through Video Conference and participate in the meeting to the same extent as if they were physically present. Public comment will be available for each item on this agenda. Both channels are streaming a Public Comment callin number across the screen. Your opportunity to speak during the Public Comment period are available by phone. By calling 4156550001. Once connected enter 1467720960, and then press pound twice to be connected to the meeting. Once connected, you will hear, but youre line will be muted. Dial star followed by three to be added to the speaker line. Please wait until the system indicates that your line has been unmuted, and you may then begin your comment. Best practices are to call from a quiet location, speak clearly and slowly, and turn down your television, radio or streaming device. Everyone should account for potential time delays in speaking did cre discrepancis we may experience. You may email may, my name is john carroll. My email address is jo john. Carroll sfgof. Org. Your written comments may also be sent by u. S. Postal office to our office in city hall, that address is 1 carlton place, San Francisco, california, 10912. And items acted upon will appear on the board of supervisors agenda on october 6th, unless otherwise stated. Chairman thank you, mr. Clerk. Can you please call our firgs item. Number one is a hearing to continue the continuance of a special use Liquor License to the Saint Josephs Arts Foundation, located at 1401 howard. Members of the public who wish to provide Public Comment on this hearing should call 4156550001. Enter 1467720960, press the pound symbol twice to connect to the meeting. A system prompt will indicate you have raised your hand. Please wait until the system indicates you have been unmuted. And mr. Chair, i am in receipt that this be a Committee Report during the september 29th, 2020, regular meeting. Chairman thank you mr. Clerk. I believe we have officer saminson here from the a. L. U. Yes. Good morning. Chairman good morning. Tell us what you know. You have a report from the art foundation, that have applied for a type 99 license. It will allow to operate for special use license. There is no protest letter, they are in 01872, which is considered high saturation. And a. L. U. Recommends approval with the following conditions the petitioner shall actively monitor the area under their control in order to prevent the loidering on their premises. And no noise shall be audible at any nearby residents, and as of june 8 of this year, the applicant agreed to the conditions. Chairman thank you. Lets hear from the ap candor. This would be the time for sarah o orourke to address the board. Chairman weve been looking at her ceiling, or something. And she may need to unmute herself as well. Chairman do you want to try samuel . Sure. Do you have the presentation that we could put on the screen, if possible. We could coordinate it if you hang on for just a moment. Mr. Calipa, is there any chance you can share your presentation from the is Arts Foundation . Sure. Just give me one moment. There it is. It is displaying now, mr. Ray . Excellent. Chairman there we go. I see it. The Joseph Arts Society is a nonprofit Arts Foundation that was established to bring art to the stoneland San Francisco community. Our Commission Statement is to introduce people who arent introduced every day to these art and other similar items like that, to bring the Community Together and let them have an opportunity to be exposed to that. The Liquor License was passed by the california legislature, so it is specifically for this location, and Saint Josephs art society is uniquely qualified to obtain this Liquor License because it was especially passed only for this location. Hi, this is nick cola, a coapplicant as well. I just wanted to note that the Arts Foundation also does a lot of Community Work with nonprofits in the area, such as united players, selma west community ben nits benefits, the San Francisco conservatory of music, and various others. And we have letters of support we have submitted to this committee as well from the neighborhood. And, also, as you can see as you go through the slides is that something that we control . There have been several upgrades to the building. It is open and available to the public. And they are promoting arts programs in underserved portions of the community to give children other Community Members access to arts programs that they otherwise wouldnt have. This Liquor License, in the event it will be held there, will be for the purpose of funding these programs moving forward, that serve a community purpose. And as you can see also in the slides, weve done Significant Community outreach, not only through the notification process, through the Liquor License application, but the change of use, as well as as well as the planning code amendments to allow this to take place here. And then weve also opened hl open houses, and given Community Members to the opportunity to come in and voice their concerns and see if we could reach compromises. There hasnt been much opposition, and by and large, weve had lots of support from the community. And there is your outreach. And there is more outreach, notifications. And there is a thank you. All right. Thanks, Saint Josephs. Thank you, supervisor. Good pinchhitting. Sarah, did you want to say anything . I want to thank you for your consideration, and we worked really hard for the foundation, to make an impact in the Arts Community here, in the entire bay area, as well as outside of that. And were really excited to continue to do that and support our artists, especially at a time like this. So thank you again. Chairman i think my colleagues have no comments or questions, so were going to open this up to Public Comments. Operations is checking to see if there are any callers in the cue. Mr. Coop, please let us know if there are any ready. Please press star, followed by 3, to be added to the cue, if you wish to speak for this item. For those already on hold in the cue, please continue to wait until youre prompted to begin. You will hear a prompt. For those who are watching our meeting on cable channel 26, through s. F. Gov. Tv. Org, if you wish to call in, please s do so now. Do we have any callers for item number one . Mr. Chair, there are no callers in the cue. Chairman then Public Comment is now closed. Colleagues, and many of us are familiar with Saint Josephs and their fine work. I know that supervisor haney supports issuance of this license, and requested with forward this as a Committee Report, which is why it was set out that way. Saint josephs has been through quite a regulatory adventure, so we want to, i think, get this before the board as quickly as possible. So i will make a motion well, i first of all, given that, we can ask our clerk to prepare a resolution finding the issuance of this license will meet public convenience and necessity, and then i will make a motion that we send that resolution, r with positive recommendation, to the full board as a Committee Report. Did i get that right, mr. Clerk . That sounds correct. On the offer by chair mand mandelman, we recommend that the item will be brought to the board of supervisors. [recalroll call] mr. Chair, there are three yeas. Chairman the motion passes. Congratulations. Thank you very much. Chairman youre welcome. District clerk, please call the next item. Item two is a hearing to consider that the type 21 offsale general, beer, wine, and distilled spirits to food and liquor incorporated will serve the public convenience and necessity of this city and county. The number ienter todays meeti. 14677200960, press the pound symbol twice to connect to the meeting, and then the star key. The system prompt will indicate you have raised your hand. Please wait for the system is unmuted until you begin your comments. Mrs. Orourke, if you can turn your speaker off. She does look frozen. Chairman okay. Thank you. So lets hear from officer samuson again. This report is for golden state food and liquor, they applied for a 21 license, which will allow them to sell beer, wine, and distilled spirits. There are letters of support, located in plot 200, which is considered a lowcrime area. I think the report that you have shows it as a high crime. That was an error on our end. Plot 200 is actually low crime. Theyre in census track 202, which is considered high saturation. The southern station has no opposition, and a. L. U. Approves with the following conditions number one, sale of beverages shall be permitted between the hours of 8 a. M. And 1 a. M. Each day of the week. The size is smaller than 200milliliter is strictly prohibited. Number three, beer, malt beverages and wine coolers in containers of 16 ounces or less cannot be sold by single containers. They must be sold in prepackaged multiunit quantities. And the commissioner should monitor the area under their control to prevent loitering. And as of looks like yesterday, they still had not received the signed conditions or we havent. We dont know if theyre agreed upon or not. Any southern stations over there . Is 1850 yeah, it looks like that is stil still in southern district. Thats interesting. Chairman well, lets hear from the applicant. Good morning, everyone, my name is char reeves. We take over 1859 Market Street in march, and we waiting for the license to be transferred. The location is being has existed with license for 38 years, with no problem, with no with no violations. And now i agree with all of the conditions, based on the four conditions, i have no problem with it. Im just waiting for the abc to send me the documents so we can sign the conditions and transfer the license. Thank you safe. Chairman thank you. Officer samuson . Yes . Chairman what is the process for the applicant to get their approval of the conditions back to you . Yeah, that would just be a matter of contacting the abc licensing rep. Weve sent all of our information over to them. It is a matter of them getting it to the applicant. And i dont know what the holdup is on lia their end. Chairman normally we have these conditions through before we take action here. Why dont we open this up to Public Comment . Thank you, mr. Chair. Operations is checking to see if there are any callers in the cue. Mr. Coop, please let us know if there is are any callers. For those already connected, press star, followed by 3, if you wish to speak to this item. Please continue to wait until youre prompted to begin. You will hear a prompt that indicates your line has been unmuted. For those watching our meeting on cable channel 26, if you wish to speak on this item, please call in now, by following the instructions on your screen. That would be by dialing 4156550001. When prompted, entering the meeting i. D. 14677200960, pressing the pound symbol twice, followed by 3. Have any callers lined up to speak for agenda two . Mr. Chair, there are no callers in the cue. Chairman then we will close Public Comment. I think to sort of dot all of our im going to make a motion we continue this to our october 8th regular meeting. On the motion averred by chair mandelman, to continue to the october 8th meeting, vice chair stefani . Chairman an inaudible yea. Thank you. Member walton . Yea. Chairman mandelman . Yea. Chairman all right. The motion passes. Well see you back on the 8th, when you are ready, please call our next item. Number three is a hearing to consider that the transfer of a type 20 offsale beer and wine Liquor License for percasa l. L. C. , located at 1351 grant avenue, will serve the public convenience of the city and county. The Public Comment number is 4156550001. Enter the i. D. , and pressing the pound symbol twice to connect to the meeting, and press the star key followed by the number three. Please wait until the system indicates you have been unmuted. That will be your time to begin your comments. Mr. Chair . Chairman i think officer samuson is back up. Okay. They have applied for a type 20 license and have approved thiifapproved will allm to operate a beer and wine license. They are in census track 106, which is considered high saturation. The Central Station has no opposition, and the a. L. U. Approves are the following conditions they will control the area, to prevent loitering. And as of august 19th, the applicant had agreed to the above condition. Chairman thank you, officer samuson. Do we have the applicant here . Im going to be speaking on behalf of the applicant today. My name is jenna bluster, and im helping with the abc process. Scorponi is a young, italianamerican woman, she went to the university of rome, and was inspired to continue to expand the Italian Community through this particular project. So her goal is to strengthen the Italian Community through the shop, which would allow the type 20 license, which allows for a small area of this to be used for beer and wine sales. Shell also be doing italian meats and cheeses and olive oils, and supporting small producers that she discovers in the bay area and italy. And she is actually in italy right now, which is why we had some difficulties getting her on the call, so. Chairman got it. Vice chair stefani, any thoughts . Im literally drinking out of a coffee cup that says id rather be in italy. I dont think i have any issues at all with this item. Chairman all right. [laughter] chairman lets open this up to Public Comment. Of course, mr. Chair. Operations are checking to see if we have received any callers in the cue. Mr. Coop, please let us know if we have any callers that are ready. For those already connected please press star, and then three. You will hear a prompt that informs you that your line has been unmuted. Those watching our meeting through channel 26 or sfgof. Org. Enter todays meeting i. D. , 1467720090, and press pound and then followed by the star. Mr. Coup, has anyone connected and raised their hand . Yes. I have one caller in the cue. Then i will say a few things about Public Comment. The speakers will have two minutes. We ask you to say your first and last name clearly. If youve prepared a written statement, youre asked to send a copy to our clerk for inclusion in the file. And you can begin. The caller has hung up. There are no callers in the cue. Chairman rats. I shouldnt have addressed my statement. All right. We will close Public Comment. Very sad. I think that given that supervisor peskin supports the issuance of this license, and our supervisor of all things italian, supervisor stefani, strongly supports it, i think we can direct our clerk to prepare a resolution, finding that the transfer of this Liquor License will advance public convenience and necessity. And vice chair stefani, would you like to make a motion that we forward that to the full board . Yes. Thank you, chair mandelman, i would like to move this item to the full board with positive recommendation. On the motion excuse me, guys, my little corgi. This resolution will be forwarded to the board of supervisors. [roll call] mr. Chair, there are three yeas. Chairman great. The motion passes. Congratulations. Thank you so much. Chairman youre welcome. Mr. Clerk, when you are ready, please call our next item. I am ready. Item four is an ordinance amending the police code to make it unlawful to cause a peace officer to contact a person solely to discriminate against the person on the basis of the persons race, ethnicity, religious affiliation, gender or gender identity, creating a civil cause of action in providing for damages. Members of the public who wish to provide Public Comment on this ordinance should call 4156550001. And enter 1467720960, and press the pound symbol twice to connect to the meeting, and press the star key followed by the number three. Please wait until the system indicates youre unmuted and you may then begin your comments. Mr. Chair . Chairman thank you, mr. Clerk. Is there a cosponsor to this item . I will add it. Chairman supervisor walton, the floor is yours. Thank you so much, chair mandelman and to supervisor stefani for hearing this pressing and important item on this committee today. We will have a couple of presenters and a presentation, and i do have a few amendments for this file, and i will propose them after we hear from our presenters and Public Comments. The caution against racial and exploitative nonemergency act, also known as the caring act, was introduced in response to the rising incidents of people harassing, calling 911 on people of color during daily activities all over the country, and due to the fact this has been happening in the u. S. For decades, and is now being captured, widespread, on social media. I want to thank all of my cosponsors, ronan, stefani, saffie, fewer, bar, and man mandelman. This has happened all throughout history. 65 years ago, on september 23rd, after the jury deliberated for less than an hour, the murders of ms. Teal the woman who accused emmett teal is still ally today and has admitted she fabricated the story. There have been false accusations of black men and boys in this country by calling on the racist power of the state to threaten, terrorize, and sometimes kill them. With the rise of smartphones and social media, we are seeing these incidents recorded and broadcast. Last year there were many incidents of individuals calling the police on people of color indescernable . This past summer in the bay area alone, an individual called the police on a black man who was dancing, exercising on the street in alameda, and here in San Francisco. A couple called the police on the filipino man who graciously will be presenting for us today. And they called the police on him for stenciling black lives matter in front of his own home. In new yorks central park, a woman called the police on a black man who was birdwatching, while accusing him of harassing her. And we all know George Floyds appeal, after someone called the police, accusing him of using counterfeit money. These are only a few examples that have been publicized recently, but there are countless others that do not get news coverage. Black and Indigenous People of color, and people of color, suffer both from Traumatic Stress disorder as a result of Law Enforcement indescernable . Based on fraudulent 911 calls, by individuals with racial bias, and it creates distrust among communities of color and Law Enforcement. The care act will make it illegal to contact Law Enforcement solely to discriminate on the basis of race. One of the amendments i will be proposing is to indescernable . [audio is cutting in and out] they cannot be bias on sex, race, sexual orientation, gender identity indescernable . Individuals who are harmed by fraudulent calls, based on this system of protected classes, will have resources in civil court and be able to hold the person making the call accountable. Under the care act, individuals who make fraudulent 911 calls and fraudulent emergency calls to Law Enforcement can be sued by those who were harmed, for damages, starting at at lease 1,000 in civil court. 911 calls and emergency reports are not Customer Service lines for racist behavior. Using 911 as emergency calls for fraudulent reports based on the perceived threat of someones race takes away emergency resources from actual emergencies. This is not to discourage people from using emergency lines to report actual emergencies in good faith, but rather to protect communities of color, who are often targeted and victims of fraudulent, frivolous emergency calls. People of color have a right to do everyday activities and should not be subjected to the has raving due to someones racial bias, just because theyre uncomfortable seeing a person of a different color in their neighborhood, a park, a store, or any space. Today we have representatives from San Francisco interpreting racial profiling. And we have mr. James wanillo, who is a resident of San Francisco, who was racially profiled. He had Law Enforcement called on him this past summer. And we have chiefofstaff of the Human Rights Commission. At this time, if my colleagues have anything they would like to share, i would like to start with presentations, checking in with my colleagues if there is anything you want to say. Seeing no comment at this time, i believe we have miss Angela Jenkins who is on the line, and she is with San Francisco interpreting racial profilinginterpretinterrupting l profiling. Are you there . Let me know when the first slide is up, and then well begin. The first item is up. Thank you again. Good morning supervisors mand man, stefani and walton, and legislative aide natalie geee. Im the team leader for San Francisco interruption racial profiling. We put together these headlines on the first slide demonstrating the prevalence of exploitive, nonemergency calls here in San Francisco that resolve without serious injury. However, racial profiling can be lifethreatening, if not fatal. Next slide, please. Is it up . Yes. It is up. Thank you. This image catches a jogger as he runs by a memorial. Alex was a young, Mission District native, who worked as a Security Guard in the area. As was his routine, he ate lunch in bernell park. But as he was eating, someones dog aggressively charged for alexs food, and yet the dog owner failed to stop his pet from harassing alex. Not soon after this, alex died in a hail of butts at sfpd responded to an emergency call of a man with a gun. Alex had no gun. This was march 2014. Next slide, please. Next slide is up. Thank you. This was, again, observing racial profiling in social media about three years ago, under the guidance and inspiration of neighbors for Racial Justice in oakland. The targetingof blameless black people in social media has increased, but so, too, has grassroots outcry of these troubling trends. Many petitions are circulating, demanding that Tech Companies take responsibility for allowing the inordinance surveillance of black people doing mundane things. The tracking and trailing of black bodies is akin to the tracking and trailing of black bodies during the ante bellum and jim crowe. Next slide, please. The next slide is up. Enslaved persons traveled to other plantations with passes. In the 18th century, new york city required black bodies to be moved and to be identified in the dark with lanterns, and every day white citizens enforce this new york city law. Next slide, please. The next slide is up. Our strongest suit is that we routinely review online content. We are pleased with the caren act. We have a few suggestions for its imitation. It should include a targets of racial profiling fund, o or tork for short, for victims to sue their pursuers. Mediation and Restorative Justice are also options. In addition, there should be citywide townhalls for racial profiling incidents. Next. The next slide is up. Lastly, we encourage that the board of supervisors recommend california state stocking laws be enhanced with antibias legislation, and title it trayvons tracking law. They should guide this legislation. Mr. Peoples was completely exonerated of false charges when a very discerning judge dismissed these false charges, stating firmly the three white women accusers had trolled, tracked, and stalked this blameless black man, had initiated all contact, filed false criminal charges. The judge also stated she believed the womens actions were motivated by bias. These are all elements of hate crimes. Very similar to the trayvon tragedy. Therefore to honor the memory of trayvon, we suggest enacting trayvons tracking law in the state of california. Next. The slide is empty. It should be marty, and she should be coming on line, and she has some interesting information about the a ammad ammad aubrey case in atlanta. Chairman thank you very much, ms. Jenkins. There are numerous amounts of accounts where we have seen folks who have been discriminated against on the basis of race, and it is really disheartening and shameful, and it is something that has been happening for far too long. I also want to thank my chiefofstaff, nellie gee, for assisting with that participation and all of her work on the caren act. Now well hear from marty. Are you on the line . I am. Can you hear me . Chairman yes. Silent. Excellent. Im going to be reading a statement to keep myself onpoint. Im a member on San Francisco interrupting racial profiling. Since the onset of sfirp, we have focused on intervening in racial profiling on social media, particularly on the platform the neighborhood platform next door. In its crime and safety section, in line with the popular excuse me Police Safety mantra, if you say something, say something, people observing socalled suspicious activity often urge each other to contact sfpd with their disiptionz descriptions of subjects. The problem here is that observations motivated by implicit or explicit racial bias can and do proliferate a dark skinned man su suspected of theft, ilillicits comments like, that man looks like the man i saw walking past my street, prompted by this one conversation, any black man walking down a street or sitting on a bench in a neighborhood becomes a criminal suspect. Thats an actual post and comment from next door. Recently sfirp, and our sister group, oaklands neighborhoods for Racial Justice, have been organizing with other groups alarmed by an uptake of racial postings. Numerous next door messages circulating photos and descriptions and calls to police had reported a black man allegedly entering a home under construction. Subsequent investigation found that aubrey had engaged in no criminal activity and remained only for a brief period. Likewise, George Floyds case was a man called the police because it was suspected he used count ficounterfit money. As well as the proliferation have sparked alarms across the country. The 14th amendment to the u. S. Constitution guarantees equal civil and legal rights to africanamericans in states that, quote, no state shall deprive any person of life or liberty, nor deny to any person within its jurisdiction, the equal protection of the laws. Unquote. Black people are impeded from moving in their Community Without surveillance and under their own recognizance. Thus depriving them of the presumption of senate innocence and in violation of due process in the 5th and 14th amendments. Black people in our communities must be free from citizen surveillance based on racial profiling. Thank you. Chairman thank you so much. Again, countless more examples why the caren act is so important to protect people of color from frivolous and erroneous calls to Law Enforcement. We also have one more presenter with San Francisco interrupting racial profiling. I do not see her name on her, but is lisa schiff on the line . Lisa is absent today. We appreciate you giving us this chance to share. The next time we get a chance to share, well bring her back, but she is not here today. Chairman well, thank you so much, ms. Jenkins. I just want to say to San Francisco interrupting racial profiling for coming on and explaining why this is so important. This fight is to keep our communities of color safe. So thank you so much for everything you are doing. I now want to bring on someone who was actually a victim of this racial profiling and erroneous phone calls to emergency to the police. This is someone who was actually in front of their own home, and they can describe to you better how they felt and what happened with this incident. So with that, were going to bring on james wanillo, and thank you so much for coming and o t to share your story and talk about why this is so important. Thank you so much, supervisor walton and the rest of the committee members. Thank you for having me. Can you hear . Chairman you are going in and out a little bit. Perhaps if you turn your camera off. Trupt how is that . Mr. Juanillo, are you still there . Can you hear me now . It does sound much better. Im sorry . It sounds better. Is. Okay. Thank you, supervisors. It is so important that we indescernable as of june 9th of this, i recorded something that ended with a couple of neighbors weaponnizing the 911 emergency system, and that video went viral and has been seen millions of times all over the world. Im here today to give you a back story behind the incident and the lessons i think we can all learn from the encounter. As you consider the caren act, the one thing i want you to all keep in mind, is that in my opinion, this is when win win legislation. While it will affect innocently people of color indescernable i also firmly believe that it will deter future carens from destroying themselves on social media by practicing caution, as you see in the caren act. Let me paint you a little picture of that day. It was 4 00, a sunny, Beautiful Day in the afternoon. There were no protestors around. I was relaxed, listening to a message about equality with my neighbors. Im using yellow shock to match the color of the house. I centered my stencil to be framed by our picture box window. I have everything but a glass of wine out there that would tell anyone who is trying to read the room that im not a thug, or im not a random person committing graffiti or vandalism. And so i believe thi if this law were in effect that day, they would have had some skin in the day. indescernable i believe they would have saved themselves what theyre going through in the city and the loss of their incomes. So thats why i wanted to kind of say that this legislation, while it is directly good for someone like me and potential victims of racial bias, it is really going to protect a lot of wellmeaning citizens who arent aware of when theyre exercising their White Privilege and putting other people in danger. And so, um, we didnt actually play the 911 call for you today, or play the viral video for it, but i just did have four quick thoughts about the 911 call that they made that kind of inspired this proposed law. There are four things you said i thought were really disturbing, i think, with dispatchers can key into and listen to and focus on when theyre trying to determine when these calls are racially motivated. So his first statement was, quote, unquote, he is obviously not. The only obvious thing i would like to point out, when he said that statement, is the color of my skin. The only thing obvious to me at that point was the color of their skin, right . He also characterized me as getting in their face. And he framed me as the aggressive. When i went through great pains to not threaten them, not use profanity, not to engage them in any way. It says in the call that im not threatening and i have no weapon, but he is still willing to frame it as if im in his face, where clearly in the video he is six feet away, right . And he also and i think this is going to be really prevalent in San Francisco to think of themselves as progressive people and they will camouflage their racism by saying stuff like thats a wonderful, fabulous if he wants to express his opinion. And i just want to go on the record as saying black lives matter is not me stating an opinion. That is like saying people need to breathe. I would love dispoorches, dispas indescernable , to me it is an indication of racism. He ended his call as being unapologetic. He expects an apology from me after he sees his wife lie to me about knowing the owner of the house, after he admits to the dispatcher that they dont. You know, this thing is premised in white supremacy, this expectation that someone who is simply not cooperating wi with his gust gustopolike tactics, that i owe him an apology. All i did was insist i would be happy to talk to authorities because i had my i. D. In my pocket, i had the keys to my house on my person. And frankly, ivelized in san franciscive lived insan fre life, and im 100 behind the sfpd, and im 100 behind police brutality, and those two statements are not at all in contradiction with each other. So as a native son of San Francisco, literally, to living here in Pacific Heights and westin park and all over the city, and as a Small Business owner that works in some of the richest neighborhoods, like presidio heights, as a native son, im tell you thithis legislation, im so happy to hear it has support from the entire board because the citizens of San Francisco, whether theyre a person of color or unknowingly exercising White Privilege, are going to benefit if this passes. Thank you so much. Chairman actually, i want to say thank you so much, mr. Wanlilo. Wanillo, just for your courage to be able to talk about. A lot of us have seen this video. I did hear the 911 call, and to your point, there are two things that really stood out to me. One, the fact that the male caller did state that you obviously do not live there. I do not know where this information came from. That was the first thing that destroyed me. And the second thing was when the female caller kept saying over and over again that she didnt understand why you wont tell them if you live there or not. And that was definitely extremely really, you know, eyeopening for us in terms of what White Privilege looks like because she kept saying over and over again, i dont understand why he wont tell us that he lives there or not. And you absolutely have the right to not engage in a conversation like that in front of your own home. And so i am, of course, terribly sorry that you had to go through that. But i am extremely grateful that you were willing to share your story, willing to post what happened and what had taken place because if we did not have the footage to really see what demonstrates a caution against racially exploitive nonemergency phone calls, then we wouldnt be able to have the level of support for this legislation to try to stop this, not only here in San Francisco, but at the state and, quite frankly, across the country. Thank you for your courage. Thank you for coming on and sharing your story. My hope is that the caren act and laws like this avoid this from happening again. And were going to work hard to make sure that it doesnt. So thank you for coming on this morning and participating and sharing your firsthand story of why this law is so important. Its my pleasure. Thank you so much. Chairman thank you. With that, im going to bring up someone who is no stranger to this fight against racism, and who has been working with us on equity in so many areas here in San Francisco. And this is miss brittany quata, the chiefofstaff of the human rights here in San Francisco. Welcome, brittany. [please stand by] in our labor market and public interactions across San Francisco. The work we do now has expanded. I think its really important that we recognize and remember that explicit history as we fast forward 56 years and see the experiences that black people and other people of color, immigrants, women, continue to experience as far as the discrimination in the city. So, this conversation in particular came to the Human Rights Commission on october, or excuse me, february 14, 2019. We held a commission meeting. I want to reiterate your gratitude for bringing this to our commission. The founder and owner of the gourmet Lemonade Stand in the mission, he was opening his stand one morning when a neighbor called the police and said there was a black man breaking into the Lemonade Stand. In that instance as well, he recorded the incident and it went viral. In his recounting of the commission, again of that indignity and the fear that he experienced and the trauma, i mean his voice was shaking. He had tears in his eyes. His family was there. His young daughter was there and just thinking about not making it home to his family because someone perceived him as a threat or not belonging was crushing. When we talk about the act, the reaction to this legislation has ranged from appreciation to incredulous eye rolling and anger. What is this going to do . I think its important that you consider the goals beyond the legislation and this is confronting the social standards that cultivated a dynamic that they use calling the police as a weapon of control, control over peoples actions, their movement, their speech, control that signals to the accused party that if you do not conform to my instruction, you will experience violence, possibly death by an enforcement agency. This is an established pattern in the disappropriate treatment of black people and people of color in our city and country. A statement regarding the indictment of brett, the former Police Officer in louisville, kentucky who was charged with Property Damage when he shot through walls and doors, but not for the murder of Breonna Taylor. Professor crenshaw wrote in part, if we thought the problem and solution to the tragedy of Breonna Taylor was prosecuting these cops, then were not understanding the systemic conditions that allow for the kind of policing that disproportionately imperils black americans. So the work of dismantling the system that imperils the lives of black people brick by brick is essentially what were talking about with this legislation. This is one small brick. It would have been solved a long time ago. We are working collectively to eradicate it. So this is one to uniformly stop people from lying when they call police on black people or other people of color, based on their own fears or biases about the present instigated by someone simply existing. The act is one upstream intervention that may discourage people using 911 and wasting resources. It will create zero consequences for using Law Enforcement as your personal security. I think its really important that this gives some small recourse to people that suffer that humiliation and that indignity that they experienced. So i just like to close by thanking you supervisor walton to responding proactively when Human Rights Commission brought this to your office. I thank you all for your cosponsor ship and hope to return with Additional Solutions and bricks we can pull out to dismantle that systemic racism and make San Francisco a safer place for everyone. Thank you so much. Thank you so much, not only for your leadership on this but all of your leadership and the fight for equity. Obviously i am just a vessel because of my role to be able to bring things that will effect change and really allow us to make reforms, but the worm of the Human Rights Commission, your team, and of course our folks in community are why were to a point where there are intangible strategies in place. Thank you so much for being here this morning. With that said, chair mandelman, i believe we do want to open this up to Public Comment. Great. Thank you supervisor walton. Mr. Clerk, do you want to yes, operations will check now to see if we have any callers in the queue. Please let us know if we have any callers that are ready. For those who connected to our meeting via phone, please press star followed by 3 to be added to the queue if you wish to speak on this idtem. For those on hold, please continue to wait until you are prompted to begin. You will hear a prompt that says your line has been unmuted. For those watching our meeting on cable 26 or through sfgov. Org, please call in now by following the instructions displayed on your screen. The meeting id for todays meeting is 1467720960. Youll be prompted to press the pound symbol twice. After you done that, press star followed by 3 to enter the queue to speak for agenda item number 4. Can you connect us to our first caller . And i will say a few words about Public Comment. Our speakers will have 2 minutes. Please state your first and last name clearly and speak directly into the phone. If you prepared a written statement, you are urged to send a copy to the Committee Clerk for inclusion in the official file. Go ahead. Thank you supervisors. My name is gabby and im calling on behalf of tenderloin corporation, and i would express our full support for this legislation that would protect those from the arm of discrimination, especially antiblack discrimination. I would like to thank supervisor walton for introducing this. Thank you. Thank you very much for your comments. Could you please connect us to the next caller please. Hi, yes so i have some concerns about this legislation, you know. I heard discrimination based on different categories isnt always just white people calling the police on black people. There are tensions amongst them. There are lots of different ethnic communities and im wondering how that might play out in other situations. Also, this legislation covers gender and if women call the police because they feel uncomfortable about men in their neighborhood, who arent necessarily doing something illegal, i just dont know i just am wondering if there is possibly unintended consequences of this legislation that hasnt been fully thought out yet. I have concerns about this legislation and i think it needs to be explored more. Thank you. Thank you, can you please connect us to the next caller. Mr. Chair, that complete it is queue. Thank you. I have one more, hold on one second. Okay, Public Comment is not closed. Hello everyone, can you hear me well . Yes, we can hear you. I am calling in support of the act. Thank you for introducing this ordinance. It is definitely time that we as a city formally and officially take action against racism against black and brown people. Thank you so much for your time. Thank you. Do we have any mr. Chairman, that completes the queue. All right, Public Comment is now closed. Supervisor walton. Thank you so much chair mandelman. I do have some amendments i would like to include for the record. Before that, i was wondering if either one of my colleagues had anything they wanted to say. Well, i will just in addition to thanking you for this legislation, i have been thinking about a quote that means a lot to me. It basically goes along the effect that it is culture, not politics that determines the success of a society, but policy can save culture and save it from itself. And this strikes me as a piece of legislation that is more than ability creating a new legal response but theyre seeking to do something deeper and more important, which is to change how people relate to each other, which is absolutely necessary. So, i want to again thank you supervisor walton for this, to mr. Juania, who is now my facebook friend, thank you for your voice and everyone that has spoken today. Thank you chair mandelman. Yes, and supervisor walton, i want to thank you for bringing this legislation forward. As soon as you asked me to cosponsor, i said yes immediately. I want to thank all the presenters, especially mr mr. Juanio who is my constituent. When i first saw this video, i was just absolutely outraged, heartbroken, and i know so many people that know you around the Lafayette Park area and friends of Lafayette Park and people were just agasp and unbelief that it happened. It speaks values about the person you are and how this law is helping people to save themselves from themselves. I think that you are just incredible and thats what i heard from so many people. Im just sorry that you and i dont know each other yet. I would love to meet. Also, i think if this is going to pass, it is going to become law in San Francisco. I think we need to do everything we can to work with next door to get this on their platform, to inform people of this law. It should be something that all users in San Francisco, all users of the platform should be aware of. Im hoping that company will oblige us by making this information known. Again, i am just you are a remarkable person. Im so sorry this happened and im actually, the way that everyone rallied around you with all this chalk and in district 2, that was disheartening to see. Again, it should never happen in the first place. Again, thank you supervisor walton for this solution. I think its a good start. Thank you everyone who was involved to craft in this legislation. Thank you, i want to of course thank both my colleagues on the Public Safety of Neighborhood Services committee for your commitment to this work and appreciate your cosponsor ship. With that said, i do have a few amendments that i would like to include within the legislation. Expanding the protected classes to persons, race, color, ancest ancestry, creed, disability, religion, gender identity, weight or height, and this al n aligns with our policy code of protected classes. Page two, line seven, adding clause c to state the purpose of this ordinance to not deter actual emergency cause. This ordinance is not intended to discourage individual from contacting Law Enforcement when they are facing real danger or desire to report a crime. It will allow individuals who have been reported to Law Enforcement for unfair and unnecessary reasons to seek justice and restitution and will motivate people who contact Law Enforcement to consider the reasons they are making the report. Page 2, line 16, adding the official name of this ordinance, letter a, this section 637 shall be known as the caution against racial and exploy theytive nonemergency acts. Adding clauses to a line with californias law, one infringe on the persons right under the california constitution or the United States constitution, discriminate against the person, three, cause the person to feel harassed, humiliated or embarrassed. Four, cause the person to be expelled from a place from which the person is lawfully located. Five, damage the persons reputation or standing within the community. Six, damage the persons Financial Economic prospect interest. I would like to know from deputy City Attorney pearson if these are substantive. Yes supervisor, they are. Thank you so much. I believe chair mandelman we vote to include. I will take that as a motion to move those amendments. Correct. On the motion as offered by member walton to amend the ordinance, vice chair stefani. Aye. Member walton. Aye. Chair mandelman. Aye. There are three ayes. Thank you so much chair mandelman and go ahead, im sorry. No, go ahead. I want to continue it at the next meeting. I will second that motion and i think we should vote on it. On the motion offered by chair mandelman and seconded by member walton to continue to october 8th meeting, vice chair stefani. Aye. Member walton. Aye. Chair mandelman. Aye. Mr. Chair, there are three ayes. Thank you so much chair mandelman. I wanted to make a few statements briefly if i may. Again, i want to thank all of my colleagues on the board of supervisors for supporting this pressing legislation that could not be more timely. We could have had hundreds of folks come in and present on this item and we would have been here for days because of all the incide incidents that have existed not only here, San Francisco, and across the bay area, but quite frankly across the country. So, this is one step in a direction to try to eliminate this type of behavior because weaponizing the Police Department erroneously has led to unfortunately assaults and deaths upon folks of color. We seen that firsthand and this has to stop. I also want to thank my amazing chief of staff for all of her work, along with the Human Rights Commission on this legislation and for making sure that we had the right components institute in here so we could really do something to curtail these types of actions. All of our presenters today obviously are folks at San Francisco interrupting racial profiling, ms. Angela jenkins and marty j. I want to thank you mr. Juanio for coming in and just demonstrating his courage and also really doing it in a way, in a manner thats focusing on productive ways to move forward. He could have taken this in a different direction so i appreciate you for that and being a part of the solution as we work to move forward. Just the entire black community and entire community of color, and all folks and allies here in San Francisco who do not only support this legislation, but who spoken out about these injustices and are really fighting to make sure that we can do better here in San Francisco so folks across the state and in the bay area, and across the country quite frankly will focus on doing the right thing. Black lives do matter. Again, i cant end this conversation without saying its unfortunate that we did not receive appropriate justice for Breonna Tayloring but we will keep working and do everything we can here in San Francisco to make those changes so we dont have our constituents and the folks we represent have to end up in the same position. Thank you so much and thank you chair mandelman for putting this on for today. Thank you supervisor walton. Mr. Clerk, lets call our next item. Agenda item number 5. A hearing to discuss the San Francisco housing conservatorship preliminary evaluation report. Members of the public who wish to provide public excellent on this hearing should call the number, 4156550001. Enter the meeting id of 1467720960, press the pound symbol twice to connect to the meeting and press the star key followed by the number 3. You should wait until the system indicates you have been unmuted. That will be your opportunity to begin your comments. Mr. Chair. Thank you mr. Clerk. So colleagues, this hearing began back in june. It had been a year since the board had passed legislation to implement sb1045 and sb1040, following a painful process of negotiating and getting that legislation keyed up for consideration by the court. We had to continue this months before and we since continued this hearing again until today to hear how the program is doing at our prior hearings on this. No petitions for conservatorship has been brought and my understanding is that, that is still the case. We are joined by our director of forensic injustice Behavioral Health services and by Deputy Director of the program of aging services jill neilson. Ill turn this over to them to update us on where we are. Good morning supervisors. Im happy to give a relatively brief update on where things are and happy to answer any questions. Supervisor mandelman, you are correct. We have not yet filed a petition for housing conservatorship, but weve been working closely with the hospitals and our colleagues to ensure we havent had any missed opportunities. So i think theres been a lot of great work that has happened in the interim. I do want to share that we are actively working to serve about a dozen individuals. Some of those individuals, as we discussed, have to go through the assisted outpatient treatment process as part of the requirements for housing conservatorsh conservatorship. I do think its important to provide this update in the context of supervisor mandelman. I know you mentioned that its been over a year now that the board of supervisors adopted sb1045 and then sb40 was passed at the state level in october of 2019. I know we discussed this in previous updates but i want to reiterate that given some delays and certainly covid did not help this process, we were unable to start serving individuals until july of this year, which certainly slowed down our progress in terms of implementing the program. So starting at the 5th through 8th, even at the point of july when we were able to start serving individuals, if a person had 8 or more 5150s, we were starting for that person. Given that the threshold is 8 5150s in a 12month period. We were hopeful we would have filed a petition at this point, but its not surprising that it has not yet happened. The other piece that i would like to note on Mental Illness is there are periods of time that individuals might have clusters of more frequent psychiatric crisis and contacts within our system and for a relative period of stability. We seen that as were tracking individuals around the pathway, towards conservatorship. The other plan i wanted to highlight, which i think is really important and i think something thats exciting that we seen throughout this process. Some people have actually done better and i think having been served the notice that theyre on the pathway to housing conservatorship has started engaging in services. One example is an individual that received a couple of notices is now living in a shelterinplace hotel and is receiving a long injection. While there are still challenges, theyre relatively doing better. We seen some real impresuovemen in some cases. The other things thats been happening since weve been able to start serving individuals and implementing this program, we have biweekly meetings with the hospital and conservators office. Were not missing any opportunities to serve individuals. I mentioned on previous calls were getting monthly reports of individuals that had 5150s and this has been a great opportunity for us not only to identify individuals who are on the pathway of housing conservatorship and individuals who have existing providers on that list. How were discussing challenges, barriers theyre facing in the system and addressing those barri barriers so individuals do not deteriorate any further. There are a lot of positive things that happened during this time. Let me pause for a second. Thats my broad overview of where things are at. Im happy to answer any questions you may have. I dont believe in asking people questions i havent given them before. It does occur to me and i would like to know when we continue this hearing a little bit more about whats been happening with 5150s overall. My experience on the street as i spoken frequently is the board seeing people in psychosis on the streets than in the past. Its gotten worse in the last year. That would lead me to think that the 5150s would be increasing. You are saying that we are not actually getting the 5150s, we need to be implementing this program. I would love more data on whats happening. So the perception is that there were some number of people, not a lot, but also not insignificant that are on a revolving door. Has that revolving doorstoped in what is happening with 5150s overall . So i love to have that information for the next time we reconvene. Reporter and i would love to provide some preliminary information and certainly have more details and Data Available for the next time that we have this discussion. I completely hear what youre saying and we certainly know within Behavioral Health services, the needs have increased during this time of covid. What we have seen at Psychiatric Emergency Services is there hasnt been a significant increase of individuals that are seen at psychiatric emergency. It seems like a disconnect then. It does not speak to an acuity that i know people are experiencing in the community. This is a complex issue and there isnt just one reason why this may be the couple of hypothesis on why this may be. Certainly there are more individuals that p. S. Is seeing there on a voluntary basis and have not brought in a 5150. They are experiencing psychiatric distress, but are arriving at the hospital on a voluntary basis. So some of this is that covid factor were seeing. So you know, it has been interesting since the shelterinplace hit in march. What we seen and how this relates to 5150 is there has been less social interaction in the community. There may not be many individuals reporting concerning behavior and generally less complex because there are less people. So thats another hypothesis. The other thing that has come up and with the shelterinplace, there are many more individuals indoors and while there may be people experiencing significant psychiatric crisis, this is not a crisis thats seen on the street. This is just again, there is a myriad of reasons why this may be, but again, those are just some initial hypothesis to share. And we are only counting pef5051s . Ywe only have access to thos. Those taken to st. Francis or some other hospital, those 5150s are not going into our log. Yes, so it does in terms of the data we have access to, but i will say for certain situations where we know the individuals are going to other hospitals, were proactively reaching out and coordinating. We also reached out, started the conversation with st. Francis to see if we are able to access that information. That is also a larger recommendation that came out of the audit were working towards. And how often is the diversion now . If that is a question you can answer. Im happy to answer that. It makes me wonder if we are diverting our 5150s that are potentially 1045 to other hospitals and only seeing and largely seeing voluntary admissions in the counties. The other piece that i would add to that and again im happy to access data about that. This may certainly complicate that information. Im sure we all support this in that ambulances during times of covid and with covid precautions, transporting patient toss the hospital. Its less if p. E. S. Is on diversion or if the hospital is on diversion. They will be transferred to Psychiatric Emergency Services. Granted that data is being captured. That theory i would like to test out or get more information about is that there are people whose 5150s the county should be seeing, being aware of, and if p. E. F. Is clogged up. If its not, theyre not making the jump because they stabilized before they get to p. E. F. I would like to understand and think more about that. Colleagues, any questions or comments . Nope. We will open this up to Public Comment. Thank you mr. Chairman. Operations will check if we have any callers in the queue. Please let us know if there are any callers ready for this item. For those connected to the meeting via phone, press star followed by 3. For those on hold in the queue, please continue to hold until you are prompted to begin. For those watching our meeting on cable channel 27 or through sfg sfgovtv. Org, you can call in now by following the instructions displayed on your screen dialing 4156550001, by entering the meeting id of 146 7720960. Then press the pound symbol twice, and then press star followed by 3 to enter the queue to speak. Do we have any callers for agenda item number 5 . Mr. Chair, there are no callers on the queue. Public comment on this item is now closed. Colleagues, i have concluding thoughts. I will make them. I am really not into braiding hard working city staff. Im not going to do that. Agoing to im going to say that two years after the passage of sb1045, more than a year and four months after the board voted to locally implement this and three months into these regular hearings to try and get a handle on what was going on, it feels to me like something is deeply broken with implementation of this program. It feels to me like what is broken with implementation of this program is related, maybe related to the overall brokenness of our Behavioral Health system response and our inability to get a handle on the needs of the sickest people on our streets who were suppose to be the target of this program that are getting folks cycling in and out over and over again and finally get those people some care. I am embarrassed for the city. I think this is shocking and horrifying and we need to either figure out that this is a program we shouldnt implement for some set of reasons or we need to implement it. We cannot just continue to sort of go along with what was always intended to be a very small bite of this overall challenge and not get it digested. So, i want to continue this to november 12th. At that point, it will have been five months since we started the hearing, which was a year after we had voted to implement, which is i mean this program only last about 3 or 5 years. The clock is ticking people. So, i think we need to get some progress. If we are going to come back on november 12th and we still havent brought any petitions, i think thats the point on which november 12th, i expect to see directors to have a larger conversation on whether this program is implementable and what it says about our overall efforts to address the needs of the folks who are causing who are experiencing so much distress and causing so much distress in our neighborhood. So, i dont know if anybody else wants to say anything. We will i will move that we continue this to november 12th. On the motion offered by chair mandelman to continue the hearing to november 12th vice chair stefani. Aye. Member walton. Aye. Chair mandelman. Aye. There are three ayes. The motion passes. Were ready mr. Clerk. Please call the next item. A hearing on essential front line workers to explore their working conditions and treatment with an emphasis on the covid crisis and racial disparities. Members of the public who wish to provide Public Comment on this hearing should call the Public Comment number. Enter the meeting id of 1467720660. Press the pound symbol twice and then 3. Please wait until the system indicates you have been unmeute and then you can again your comments. Thank you mr. Clerk. Colleagues, supervisor asks that we continue this item on october 8th regular meeting. I will make the motion that we do that but before we do that we should open this up to Public Comment. Thank you mr. Chairman. Could you connect us to any callers who may wish to speak on agenda item number 6. Mr. Chair, there are no callers in the queue. All right, Public Comment is now closed. I will then move that we continue this item to our october 8th regular meeting. Excuse me, on the motion to continue the hearing to october 8th regular meeting, Public Safety member services, vice chair stefani. Aye. Member walton. Aye. Chair mandelman. Aye. Mr. Chair, there is no opposition. Great, the motion passes. Mr. Clerk, do we have any more items before us today . There is no further business before the committee. Then we are adjourned. Thanks everyone. [ ]. My name is dave, and i play defense. My name is mustafa, and i am a midfielder, but right now, i am trying to play as a goalkeeper, because they need a goalkeeper. Soccer u. S. A. Is a nonprofessional organization. We use sports, soccer in particular to engage communities that can benefit from quality programs in order to lift people up, helping to regain a sense of control in ones life. The San Francisco recreation and Park Department and street soccer u. S. A. Have been partners now for nearly a decade. Street soccer shares our mission in using sport as a vehicle for Youth Development and for reaching people of all ages. Rec and park has a team. Im been playing soccer all my life. Soccer is my life. I played in the streets when i was a kid. And i loved soccer back home. I joined street soccer here. It was the best club to join. It helps me out. The tenderloin soccer club started in the summer of 2016. We put one of our mini soccer pitches in one of our facilities there. The kids who kpriez the club team came out to utilize that space, and it was beautiful because they used it as an opportunity to express themselves in a place where they were free to do so, and it was a safe space, in a neighborhood that really isnt the most hospitalable to youth hospitable to youth playing in the streets. One day, i saw the coach and my friends because they went there to join the team before me. So i went up to the coach and asked, and they said oh, ive got a soccer team, and i joined, and they said yeah, it was he for everybody, and i joined, and it was the best experience ever. A lot of our programs, the kids are in the process of achieving citizenship. Its a pretty lengthy process. Here, i am the only one with my dad. We were in the housing program, and we are trying to find housing. My sister, shes in my country, so i realize that i have a lot of opportunities here for getting good education to help her, you know . Yeah. Thats the one of the most important things that challenge me. My dad was over here, making some money because there was not a lot of jobs back home. I came here, finish elementary in San Francisco. After that, i used to go back to my country, go to yemen, my country, and then back here. Last time i went back was a couple years ago. I came here six months, i know nobody. Now i have the team has a family, the coaches. Amazing. Im hoping for lifelong friendships, and im super inspired by what theyve been able to achieve and want to continue to grow alongside them. I love my family, i love my team. Theyre just like a family. Its really nice. Street soccer just received a five year grant from the department of children, youth and family, and this is an important inreflection point for street soccer u. S. A. Because their work in our most important communities is now known beyond just San Francisco recreation and Park Department, and together, were going to continue to work with our citys most vulnerable kids and teach them to love the beautiful game. I want to tell everybody back home, i hope you all make it over here and join teams like this like street soccer u. S. A. , and live your life. Get a better life. Right away, just be patient, and then, everything will be okay. No. No. Good afternoon. This now 1 10 p. M. And this is the committee on Community Investment and infrastructure, september 15, 2020. Thank you to the public and to the staff participating in the meeting. Set by the guidelines by local and state officials during the haith emergency the members are meeting remotely to ensure everyone including members of public. Thank you for joining us today. Madame secretary, please call the first item. The first order of business is item 1, roll call. Please respond when i call your name. Commissioner brackett. Absent. Commissioner scott. Here. Vice chair rosales. Present. Chair bustos. Present. Commissioner bracket brackett is absent. The rest are here. The next regularly scheduled meeting will be remotely october 6, 2020. Viewers will be instructed to dial 14084189388 and enter the access code 146 642 8927 press the pound sign twice to enter the call and when prompted press star 3 to submit your request to speak. Youll hearing the following message. You have raised your hand to ask a question, please wait to speak until the host calls on you. When we hear your line has been unmuted this is your opportunity to provide Public Comment and you will have three minutes. Please speak clearly and slowly you can stay on the line and continue to listen to the meeting or choose hang up. If youre planning to provide a Public Comment on any items on todays agenda its recommended you call the Public Comment comment line listed on the agenda now so he you will be allowed to listen to the meet live and it will present you from experience a potential delay caused by live streaming. Again the fphone number is 14084189388 access code 146 642 8927 press the pound sign twice. The next order of business is item 3, report on actions taken at a previous closed session meeting if any. There are no reportable actions. The next order of business is item 4, matters of unfinished business. There are no matters of unfinished business. Next order of business is item 5,matters of new business consisting of consent and regular agenda. First the consent agenda, 5a approval of minutes regular meeting august 18, 2020. Mr. Chair. Madame secretary, do we have anyone from the public who wish to speak or provide a comment . At this time members of the public who wish to make Public Comment should call 14084189388 and enter access code 146 642 8927 followed by the pound side twice and when prompted press star 3. Any members of the public already joining us by phone and would like to provide a Public Comment please press star 3. Well give them a few moments. Let us know if there are any callers on the line. Is anyone calling in . No callers in the queue to speak. Thank you. Mr. Chair, there are no callers on the line at this moment. Okay. Hearing no further request to speak on the item. Ill close Public Comment. Commissioners may i get a motion for this consent item . Yes, we accept it. Thank you. Staff, may i have a second. Yes, i move for the minutes. Thank you. Vice chair rosales second. Madame secretary, please take roll. Thank you. Please announce your vote when i call your name. Commissioner brackett, are you on . Commissioner scott. Vice chair rosales. Yes. Mr. Chair, the vote is three ayes and one absent. Thank you. The motion carries. Call the next item. Conditionally authorizing the executive directors to enter into a firstamendment for the december 14th, 2010 agreement between the Mexican Museum and the Successor Agency to extend the term and authorizing the director to transfer the Grant Agreement and authorizing the transmittal of the amendment and Oversight Board of the city and county of San Francisco discussion action no. 242020. The item before you is a request to extend the contract which expires december 20. As a result in partnership with the museum were requesting we extend one year and assign the agreement. We funded 3. 8 million to date and still have 6. 8 million remaining on the grant as you know last year the board submitted the agreement of 1 million is ongoing and the extension will allow to extend. Well be presenting on the item and we look forward to discussion and were available to respond to questions. With that. Thank you. Im the Real Estate Developer manager. Well walk through requests to extend the Grant Agreement and authorize the transfer of the Grant Agreement and related funds to the city. Ill provide an every view of the project and then it up for questions or comments. And this is the successful cultural district including the yerba buena gardens and the moab and contemporary Jewish Museum and undeveloped parcel was the Mexican Museum parse parcel shown here. The project site combines the original Mexican Museum slide. And in the areas shown in red is the Mexican Museum site and the building. This is the final project in yerba buena. And there were prior agreements including the 1993 land disposition agreement with the museum. The current mixed use project evolved out of conversation starting in the mid2000s with the museum and partners who purchased the building in 2006. The parties combined the museum and unused parcel for a high rise residential tower and museum in its base. In 2008 the museum formally agreed to become part of the process and in 2010 the former agency and museum entered into the Grant Agreement to preserve the museums access for development of the museum space. The approval of the Grant Agreement anticipated the former agencys authority to obligate new funds woul end with the yerba buena Redevelopment Center in january of 2011. As you know in 2012 the agency absolved. In 2013 they approved the purchase and Sale Agreement with Millennium Partners and the project was fully entitled by the city. It includes a high rise power and commercial units and museum in the base of the building. Its being built on plan land partially acquired from ocii. This shows the base. It was agreed to provide substantial Community Benefits and it created an operate endowment for future costs. Upon completion of the museum space the developer will deem that space to the city and the city will enter into a lease with the museum and the museum is responsible for the tenant improvements in their new space. Towards that end theres approximately 6. 8 million remaining in ocii 2010 grants. In terms of the status of the Commission Project construction completion is anticipated later this year an documents was issued this month and the developer expect to deliver the museum space to the city later this fall. This is at the base of the tower nearing completion and closes the museum space. The former agency entered into a Grant Agreement in 2010 to help with costs for the space. The Grant Agreement created an obligation of the former agency to provide a total of 10. 56 million to cover a substantial portion for predevelopment activities and tenant improvements for the build out of the space and requires the funds be dispersed through separately approved agreements been four granted agreements. The last, last fall and approximately 6. 8 million are available the balance subject to revule. The grant has a approval. As we now starting in spring of this year the covid19 pandemic has disrupted lives and livelihoods and caused substantial challenges to the museums plans for Financial Management and program and the capital Fund Raising Program is experiencing challenges as a result of the covid19 pandemic and resulting negative impacts to the economy. And it intends to submit the design, construction and funding of the museum space. Hour staff is recommending a new extension of the Grant Agreement through december 2021 and staff is seeking authorization to transfer the Grant Agreement and related funds from ocii to the city. Both actions are in support of facilitating the museums successful completion of the project. The city will have an ongoing role in the submission project in administering the Community Benefits under the purchase and Sale Agreement and as owner of the museum space and landlord of the space and the fund is consistent with the citys ongoing role and the completion and operation of the space as we all know il will contribute to the cultural vitality and diversity. In addition the completion of the museum will increase Economic Activity and associated revenue from the patrons and visitors to the museum and benefits would be passed on to the amenities which includes the city and county of San Francisco. In terms of next steps both the amendment of the Grant Agreement and the transfer of the grant to the city are subject to the review and approval of the Oversight Board to determine if the acts are in the best interest. Those requests would be heard by the Oversight Board at their next regular meeting september 28. Thereafter its subject to review and approval by the state department of finance. This concludes staffs presentation. Id like to let you know representatives from the Mexican Museum are here today. Joining me is the chair of the board of the trustees of the Mexican Museum and the vice chair of the board of trustees, secretary of the board of trustees and others were available for any questions you may have and that concludes the presentation. Thank you. Mrfk madame secretary, do we have members of the public wishing to provide Public Comment. Those members of the public wish to comment dial 14084189388 enter 146 642 8927, press the pound sign twice to be entered in the call and press star 3 to be pressed in the queue. If youre already listening by phone president star 3 if youd like to provide a comment. Well allow a few moments. There are no callers. No members of the public. Commissioner ill close the Public Comment. Lets start with commissioner scott. Do you have questions or comments . Thank you for your presentation. Ive gone through it and so impressed and theres a question i wrote down. Do you think the one year in light of covid is enough time youre asking for an extension of a year. Do you think that will be enough time for you . Thank you, commissioner scott. I think the uncertain nature of pandemic we all acknowledge its an uncertain time frame and were balancing that with the progress the museum is making on its plans for the tenant improvement along with what the state department of finance may entertain with the Oversight Board. I can also speak to the time frame. It was proposed in conversations with their request to extend the Grant Agreement. Victor, do you want to address the question . Absolutely. Certainly it would be great and thank you for the presentation. The key point there is what would the department of finance and Oversight Committee feel more comfortable with. And we submitted the requests and local businesses small and large and some corporations and Large Businesses are not going reopen until maybe November December and some probably not until this First Quarter of next year. So things are not normal but wed prefer to have one year and not be challenged by the department of finances. Its a safer bet to go to the state and ask for one year we cant anticipate what they might or may not do. I think well have a friendly audience given some of the current extensions the state has offered with the stay at home orders as well as evictions and what everyone in the state of california is suffering. Certainly maybe perhaps if i may, through chair bustos, provide 12 to 18 months at the pleasure of department of finance may be more helpful than just the 12month extension and maybe that would give them an opportunity to go with 12 or 18 months. It allows for the flexibility in considering the time frame and we would not have the same Oversight Board and changes to the Grant Agreement. Thats part of the approach and the assignment allows flexibility and future consideration the city could take were perhaps more constrained by. Commissioner rosales do you have questions . Do you want the followup to that question part of my concerns about the one year have been addressed. I defer to you to followup. The followup to commissioner scotts question is if we approve this for 12 months, are we giving the ability to negotiate with the city 18 months instead of 12. Is that what were doing as well . As proposed it would be an extension of 12 months and transfer to the city and we would then if both approved by Oversight Board and the state we would extend the agreement and work on finding and transferring over to the city so that could be completed within the 12 months. And the need to extend the city would have time and the museum would have time to consider that. That would be the thought. Thank you. If i may chair bustos id like to piggy back on one comment. In hearing the discussion i do think to give the museum as well as the city some additional work due to semantics perhaps a revised motion to do up to 18 months and provide the ability to do 18 months opposed to 12 months may be helpful for everyone. Lets hear from vice chair rosales and then have discussion about that. Thank you, chair bustos. My question is centered on the city less the first issue though id like to hear more about what our executive director thinks about the proposal by mr. Marquez. With regard to the city this is a discretionary act on our part. In other words were not bound by any deadline to make the transfer at this time . We are bound to a time frame on the transfer. We would need to work through Oversight Board in the state to get approval of that and then work with the city partner on effectuating the transfer is more to come in terms of a time frame for tran ferg transferring that and get the prophylwe would need and approval we would need and work with City Partners on what approval they may need on their side. Does that address your question . We take action to transfer to the city to make the transfer to the city at this time. Through the chair because of the time line of approval and because we dont have authority we can take action. We can delay and give ourselves flexibility at this time we have mixed response from them over the years and are strategizing for the best approach. I have three additional questions. Which department of the city would receive would be responsible for the oversight on the project Going Forward . Its up to the city but its the City Department of real estate taking ownership of the cultural condo of which the museum would be the tenant. And it would be housed in the administrators office. Its normally up to the city to make that decision. That would be the assumption. Okay. My question is, once the transfer is completed i assume our jurisdiction resets . That is correct. The Grant Agreement is the last financial obligation to fund the museum were also party to the Sale Agreement as beneficiary under the purchasing agreement and again that agreement lines up largely when the developers obligations are concluded which is the construction of the power which is almost done and the conveyance of that museum space to the city and payment of their various community Community Benefits and under our last obligations in yerba buena. [audio digitizing]. The Small Businesses and local hire while theres similarities with ours and i try to be a mirror image on the l. B. E. Program, what happens with those obligations not only in terms of commitments im assuming they transfer over, but what happens to the contract compliance side. We work with the yerba buena gardens and thats precedent. Ramon. Im a supervisor for omcii. The obligation really ends theyre committed to local hire and part of making arrangements and an agreement. Im not fully 100 certain wirth respect to that. And agree the commitment can continue as expressed by the Mexican Museum. Thank you for the explanation. I refer to the chair about additional comments or questions. Id like to state that i dont have a concern about the oneyear time frame being expanded to 18 months for flexibility but prefer to retain jurisdiction unless i hear a contrary reason why not. So far im not convinced we should not hold on to the jurisdictions for at least a few more months. Just to ensure all the agreements and all the promises and our interests in seeing this project go through as weve envisioned it over now many years is realized. Those are my comments. Chair bustos. Chair bustos, if i may add a few comments to vice chair rosales a question i think may be pertinent. I think were good, victor. Is that an amendment, chair rosales . Yes. Youre asking the commission to amend whats before us from one year to 18 months and retain jurisdiction for now. Is that correct . Yes, thats correct, thank you. Okay. I would make that motion to amend for if the commissioner is okay with. First commissioner rosales. Seconded by the commission. Is there a second . I second it, yes. Thank you, commissioner scott. Soo we have a motion to amend. We have a first and second. So were now voting on this item. President bustos . Yes. This is general counsel. First you should vote on the amendment as to whether theres a majority of the commission that sports the amendment and if supports that amendment and if that passes you take another vote on the item as amended. If you want to follow the rules. I do so i may need your help on this. May i have a motion to vote thoins amendment from the floor. Yes, mr. Chair. I offer entering by our executive director entering into the First Amendment to the december 2010 Grant Agreement with the Mexican Museum. It sounded like the commission wanted to amend from 12 month to 18 months. Thats one amendment. That should be moved and considered and if theres other amendments those can be moved and voted on. Thats the ideal way to do it. We have the First Amendment which is 18 months. May i have an approval for that amendment and well need a roll call and commissioner salas moving the amendment with a second by commissioner scott. Can you roll call for that amendment . Yes. Were just voting on that portion and this is just on the amendment amendment. Please submit your vote for the amendment to move to 12 to 18 months, correct, and retain jurisdiction is that included or just the time line . Amend amended 12 to 18 month and motioned by chair rosales seconded by commissioner scott. Commissioners, can i get your vote. Commissioner brackett, have you joined us, can you hear us . Shes having audio problems. Commissioner scott. Yes. Vice chair rosales. Yes. Chair bustos. Yes. The vote is three ayes and one absent. So the motion carries for these amendments now we have to vote on the new standard which is 18 months. Ill need a first and motion. I move we authorize the addition of 18 months to this amendment. Moved. The motion is with the 18 months already embedded in it because its been approved as an amendment. Its a vote on the main motion. I would also note that its still a motion of a staff recommendation with the assignment in it so an 18 month extension with assignment to the city. We need to bifurcate. Thats one way but once again youd need an amendment to bifurcate or amend the motion now on the table. So based on our conversation thus far we would need if thats an interest in moving the assignment the amendment would be to delete the assignment from this amended motion which now is 18 months. Okay. So may i have a motion to delete the assignment of Jurisdictional Authority to the city so were going remove that. Yes. Commissioner rosales moves to delete the assignment from the term of extension. Great. Thank you. Is there a second . Ill second that motion. Thank you, commissioner scott. Commissioner members please announce your vote when i call your name. Commissioner brackett is absent. Commissioner scott. Yes. Vice chair rosales. Yes. Chair bustos. Yes. Mr. Chair the vote is three ayes and one absent. Motion to delete the transfer. Now were voting on the 18 month extension. May i have a motion to extend the contract by 18 months. So moved vice chair rosales. I second that. Seconded by commissioner scott. Commissioner members, please announce your vote when i call your name. Commissioner brackett is absent. Commissioner scott. Yes voice chair rosales. Yes. Chair bustos. Yes. Mr. Chair the vote is three ayes, one absent. Motion carries. Please call the next item. The next regular agenda item is 5c workshop no authorize the payment schedule. Thank you madame secretary. This is a discussion item. The oversight approved the payment schedule in january and before you is a workshop approved in the spring and then we had budget deliberations still ongoing and the board is expected to take action on the regular budget this month. This also allows for the agency to make amendments and submit on the approval. What you have before you is an overview of the proposed amendments as well as an opportunity to have the Oversight Board approve them and submit to the department of finance prior to october 1. We have a presentation on the item. Thank you. Can you hear me . Yes, we can. Good afternoon, commissioners. My name is mina yu the analyst for ocii and here for the workshop on the amendment to realize obligation payment schedule for the fiscal year 2021. First a bit of background. It requires the agencies create this and the amendment allowing for an amendment to june 30 or the b period. This is an overview of our schedule. This was submitted february 1st and they issued the approval april 15 and im here to advance the workshop on the amendment. Well be incorporating feedback from your comment and present it as an action item before the Oversight Board on the 28th and then submitting our amendment to the department of finance by the 30th. This is just a reminder of the funding sources. We have our bond including prior and anticipated and we have reserve balances with property taxes and and we have a catchall for the amount not captured by the four other funding sources. We have property tax nonadmin on obligation for cost allowances. This breaks out our proposed 2020 amendment and compares this to our approved amount an increase of 4. 9 million in our property tax and this is updated for the tax roll we received in august. We repaired our 2021 with data from the winter of last year and so were requesting our amendment to reflect the updated rolls roles we received to reflect the increase. This table shows the increases in two of our major approved project areas. We have a 2. 1 million in our candle stick point and a total of 12. 9 million. So candle stick park will be moving property tax to pay reimbursement paid by the developer in june of 2019 the rye i am reimbursements is part to pay for the Outstanding Balance in that reimbursement request. And well be using part of the pay for debt service for bonds issued june 2020 and the remainder will be used what is required for the bond and the amount must be used for the outstanding issues of bonds. Essentially well be using the request to pay for this. The amendment is due to growth being hire than anticipated and from that amount the to the increase in the overall growth doesnt affect the flow of the funds. Additionally, our resolution allowed us to accept any increments in excess of the budget amounts so long as its included in the approved lots. This is the 2021 process. So well be presenting the workshop and the action item to the Oversight Board on the 28th and i am submitting the amendment to the department of finance on the 30th of this month. That concludes the presentation. Ill turn it back over to jamie. Mr. Chair. Madame secretary, do you have members of public who wish to comment . Those members of the comment who wish to comment should call 14084189388 and enter access code 146 642 8927 followed by the pound sign then pound sign again. When you enter please press star 3 to be placed in the queue. If youre already listening by phone press star 3 if youd like to provide a comment. Just let us know if theres anybody who puts in their request. Thank you. At this time there are no members of the public who wish to provide a comment. Thank you. So hearing no further requests to hear a request ill close Public Comment and turn to fellow commissioners. Commissioner scott any comments or questions . No comments or questions, mr. Chair. New. Vice chair rosales. Im good. No questions. Commissioner thank you. Assuming commissioner brackett is still not on line. I believe she is on now. Commissioner brackett can you hear us . Yes. Commissioner great. Welcome. Are there any questions or comments you splay . You may have . Not at this time. Thank you. Commissioner this is a workshop item and will not require an action from us. Madame secretary please call the next item. Yes, mr. Chair. Let me pull up the Public Comment. Next order of business is item 6 Public Comment on nonagenda items. At this time members of the public who wish to provide Public Comment should call 14084189388 and enter access code 146 642 8927 followed by the pound sign then pound sign again. When prompted please press star 3. If youre already on the line listening, please press star 3 if youd like to provide a comment. There are no callers on the line who would like to speak. Thank you. Mr. Chair, theres no members of the public who wish to provide comment. Ill close Public Comment. Madame secretary, please call the next item. The next order of business is item 7, report of the chair. Mr. Chair . Report adds of today. The next order is item 8, report of the executive director. Madame director. Thank you, madame secretary, i dont have a report but an announcement talking about the Trainee Program 2020. I wanted to give an overview of that in the fall of 2016l. C. I. Launched the ocii engineering and training program. In collaboration with a Community Center and San Francisco office of Community Workforce develop. They launched the program to assist professionals on ocii projects and meet trainee perspectives. Over the years the office has managed to cultivate a network of University Stakeholders and employers dedicated nurturing and guiding the next generation of design professionals. Ta da to date we have 30 firm. The majority of the students attend public meth college or university of San Francisco. 50 of part participants and in the past year the program has been held on an annual basis with the most recent class affirmed august 27, 2020 and i want to thank the commissioners who participated on that zoom commencement meeting and looking at [indiscernible] and because of covid the class was smaller than usual and same with the city office of Opportunities Development program. There was the possibility of this through engagement and we had four placements [listing names]. I wanted to share that with you and the for the commissioners who werent able to participate as well. Good to see that. Thats it for me. Thank you. Thank you, madame director. Madame secretary, please call the next item. The next order of business is item 9 commissioner questions or matters. Does anyone have a question or comment . No questions or comments, mr. Chair. Thank you. Seeing none, vice chair rosales. Madame secretary, call the next item. The next item of business is closed session. There are no closed session item. The next order of business is item 11, adjournment, mr. Chair. Commissioners i need a motion to adjourn. Mr. Chair i move the meeting be adjourned. May i have a second . I second. Thank you. We are adjourned at 2 00 p. M. Historic preservation remote hearing for wednesday, september 16, 2020. I would like to enter the following into the record. The mayor declared a state of emergency related to covid19. Further more, the mayor and governor issued emergency [inaudible] to boards and commissions making it possible to hear Commission Hearings remotely. On may 29, the Mayors Office authorized all commissions to reconvene remotely. This will be our 7th