tv Government Access Programming SFGTV December 12, 2017 6:00pm-7:01pm PST
jury trials. citywide cruel and unusual punishment from its patients. citywide uses medicine to control its patients because it offers no alternative. denies patients equal treatment under the law guaranteed by item 14. you have violated your oaths, i ask for your resignation. back to you, president breed. >> councillor breed: thank you. next speaker, please. >> i remove my hat and tip my
head to mayor lee. we cannot outlaw tragedy. end the year subdued. i'm humbled to be here. residents here in this chamber, charles pitt came in today, i got his name, when we had the police here, he said if empathy is to be a part of our police department, shouldn't we look for it when we do our hiring? saying that we're missing our water, and that should have been taken care of 10, 20, 30 years ago. are we building, flushing,
watering our plants still with pure water. supervisor kim, graduates of the navigation systems do better when they're relocated outside of their environments. there's districts that don't want the navigation systems. but they should be able to handle the graduates. we need a new, realistic housing policy for the people in san francisco, from the seniors, that the steps in their homes, they can't navigate anymore, to the seniors on only social security. from the renters that are stuck in homes that they can't move out of until they die and they have to die before the property is sold. reality check time. happy recess.
>> councillor breed: thank you for your comments. next speaker, please. if there are any other members that want to address the board, please step up. come to the right side of the chamber. >> i'm michael shane. i'm here to address our concerns about the written findings about the sale of sello terrace. we heard that several supervisors have stated that they based their voice on the facts. let's look at the facts stated in the finding. "upon receiving confirmation, owner of the property had not received a mail notice that the treasurer should have taken additional measures to provide notice to the property owner." while we all heard that there
was a return notice this year, that is not relevant to the facts of the written finding. the petitioner had not produced any evidence that there was a notice prior to the tax bill in april. so why is the date of return confirmation important? it goes to the plausibility of the argument. we need it look at whether additional notice was ill possible. the bill said it was at that time. so until the petitioner shows that there had been a return notice, it doesn't make sense that argue that the tax collector should have done more to provide notice. there was no opportunity for him to do so. respectfully, i urge you to delay your decision until conclusive evidence is provided
in order for you to makes an informed decision rather than rush into a decision that would harm the public trust and fair government process of san francisco. thank you. >> councillor breed: thank you for your comments. there seems to be no other members of the public. >> clerk: please step up, sir. >> i'd like to have a moment of silence for mayor lee. i was shocked to hear that he passed away. i personally loved mayor lee, his wife, anita, and his two daughters. the last time i talked to mayor lee, it was not a very nice conversation. but i'd like to have a moment of silence for mayor lee, and for
across the street from ms. breed. in my opinion, was taken with a noose from her house and she died. but after she died, she was left in a cold freezer for one month because the family couldn't afford to get her out of storage to bury her. that's the legacy of lee and breed. no way. >> clerk: thank you for your public comment. madam president? next speaker, please. >> um, i guess my condolences to the family for ed lee's passing. i guess we're talking about homelessness again and i have to go back to, who is monitoring in
the city and county of san francisco the standards of care? i -- i would like some type of answer from city officials. right now, i'm under the impression it's nobody. they don't monitor standards of care. my other problem is, there's been declared a state of emergency regarding homelessness. when you have a state of emergency, it's more intense. i would like to believe that we can get reports as to what jeff kazinski is doing. is he providing more housing or is he living off the coat tails of what was done?
i would appreciate if you would start asking some questions. i'm wondering about -- i guess i'm just very, very traumatized because i'm a victim of how the shelters abuse people and get a free pass. the committee doesn't have the tools to properly monitor the shelters. i mean, if a crime happens in a shelter and the shelter monitoring gets it, all they can do is issue a report. they don't have -- they can't interview staff. they can't get video. i mean, they're under the whim of -- >> clerk: thank you, sir, for your questions. madam president? >> councillor breed: any other members of the public that would like to provide public comment? seeing none, public comment is now closed.
madam clerk, let's go to the closed session, please. >> clerk: item 38, approved on october 21, 2017, continued from december 5, 2017. authorizing the board of supervisors to convene in closed session today, december 12, at 3:00 p.m. with the department of human resources regarding the labor negotiate augustses of the open labor contracts. >> councillor peskin: in light of the mayor's passing, i would like to continue this item to our meeting of january 9. >> councillor breed: supervisor peskin has made a motion. seconded. can we take the continuance without objection? it passes unanimously. madam clerk, let's go to those
items for adoption without reference to committee. >> clerk: items 63 to 66 considered for adoption. roll call vote on items. if a supervisor does not agree, an item can be severed, considered separately. >> councillor breed: roll call vote. >> councillor farrell: aye. >> councillor kim: aye. >> councillor peskin: aye. >> councillor ronen: aye. >> councillor safai: aye. >> councillor sheehy: aye. >> councillor yee: aye. >> councillor breed: aye. >> councillor cohen: aye. >> clerk: nine ayes. >> councillor breed: those items adopted unanimously.
>> clerk: on behalf of supervisor tang, for the late mr. michael r. barton, david a. wong, dana denise faulkner, mr. j.b. rumbug, and mr. james semiera. on behalf of supervisor yee and in addition to supervisor tang and mr. della cruz, and for donna lindh murphy and motion made on behalf of the entire board of supervisors for the 43rd mayor of san francisco, honorable mayor edwin lee. >> councillor breed: thank you, colleagues this brings us to the end of our agenda. madam clerk, any further business before us today?
thank you all for being here on this mournful day. as i'm sure you all know, our may mayor, mayor edwin m. lee passed awau early this morning at zuckerberg san francisco general. he was 65 years old. i want to thank dr. susan orlick who is here with us today and the dedicated professional who is cared for the mayor last night. our thoughts and prayers are with mayor lee's wife anita and his daughters tanya and brianna at this time. when he passed, mayor lee was surrounded by his family, by his friends, and the colleagues who loved him. ed lee lived a life of service cut far too short, but short far too soon. like me, ed grew up in public housing. the son of working class immigrant
immigrants, he developed early on a profound sense of community. a commitment to helping others. his father was a veterans, and his mother a seamstress. they instilled in him a humility and self-lest work ethic that he maintained throughout his entire life. the mayor's father passed while he was just a teenager, but heart break could not derail him. ed earned a scholarship from boden college a prestigious liberal arts college in maine, and after graduating, he relocated to the bay area where, like so many of us, he fell in love with the city that he would call home for the rest of his life. he attended balt law school at the university of california-berkley and joined the asian law caucus. ed lee fought against discrimination, working on the front lines to keep tenants from being evicted.
he was, from the dawn of his career, an advocate for the powerless and the voice for the overlooked. as a director of the human rights commission and the director of the department of public works and our city administrator and as mayor, we tend to forget, but when mayor lee was apointed in 2011. he face d tremendous challenges in this city. he believed everyone should have an opportunity to have a good job with a good wage.
and in san francisco and he believed everyone should have a secure place to call home which is why one of his first campaigns was for the housing trust fund that has invested millions of dollars in rehabilitate i rehabilitating affordable and efforts to rehabilitate and rebuild over 7,000. he always said he didn't want folks like him and me to be known as public housing resident, but to be known as san san francisco residents. and those suffering from mental health and substance abuse.
and he explored every option and embraced any idea that could help move people off the streets into safe, stable situations. where they could be on the right path to health and recovery. mayor lee believed in the power of opportunity. a rebuilt home, a reborn community, could inspire individuals to reach for their dreams just like he had. he believed in the city where a poor kid from public housing could become mayor. ed was not a politician. he did not always deliver the best sound bite or carry the room with unspoken charisma. flash never mattered to him. disagreements never deterred him. he was humble and determined no matter the job he held, he was fair and collaborative no matter the heat of the moment. what mattered most to him always
was helping his fellow sanfranciscans and occasionally delivering the almost perfectly timed corny joke. mayor lee endured many tough political battles, but they never -- they never dimmed his spirit. opponents may have disagreed with him on policy, but everyone agrees that our mayor was a good man with a good heart. he believed above all else in building bridges and solving problems. everyone who had the pleasure of working with mayor lee will miss him tremendously. from the members of the board of supervisors who are here with me today to the community advocates who worked alongside him, and the san francisco residents for whom he served with all his might. the flags in our city will fly half mast for the next 30 days.
our first chinese american mayor, a man who has left an immeasurable legacy for the city and county of san francisco. and i now must assume the responsibility, and i ask for your patience and i ask for your support. and i ask for your prayers. our city's values have never been more important, and in the months ahead, let's carry on in mayor lee's honor. he has earned our affection because he was one of the sweetest men any of us have ever known. and he will be truly missed. thank you, all, for being here. and we will have dr. erlick talk about what happened at the hospital. [please stand by]
and we attempted life-saving measures for several hour. he died at 1:11 on the morning of tuesday, december 12, this morning. we expect the medical examiner to determine the cause of death and his family has asked that we share no further medical can information at this time because of state and federal privacy laws. we need to respect their wishes. thank you very much.
>> thank you, doctor. and i want to thank all of the department heads, all the city staff, all the commissioners and elected officials, our lieutenant governor and former ma -- mayor, gavin newsome is here, thank you all for being here to bring the city together at this trying time. i'd like to ask our city attorney to talk specifically about what comes next. as you all know, i am currently the acting mayor and will assume that responsibility and our city attorney can provide further details as to what will happen in the months to come. >> thank you, ma dad mayor. i would first like to echo the sentiments and the condolences of mayor breed and dr. ehrluches and the entire community about the profound sense of loss that all of us feel on the passing of mayor
lee and i'd like to offer my condolences spufically to his wife and family and just to let them all know that i hope -- i know that the entire city family will be there for them as they go through this difficult time. you heard dr. ehrlich talk about mayor lee passing at 1:11 this morning. under charter section 13.101.5b, at that time board president london breed assumed the duties of acting mayor. she has all the powers and responsibilities that come with the office. and she will have all of those duties until such time as the board of supervisors votes on a successor, should they choose to do so. although they are not required to do so. in any event, there will be an election june 5, 2018 where
the next mayor will be chosen to fulfill the unexpired term of mayor lee and that term will end on january 8. 2020. that is a very broad overview of where we are now. mayor breed has all the powers and responsibilities and duties of acting mayor. by virtue of her position as board president. and what occurs over the course of the next several months will be derped by what actions, if any, the board of supervisors chooses to take. with that, i'd be happy to take any questions that anybody has about the process. >> reporter: [inaudible] will the board of supervisors voting on this matter today? >> no, they will not be. >> reporter: what was the question? >> will the board of
supervisors be voting on this matter today and the answer is no. >> reporter: is there a timeframe for the board to vote on an interim mayor? >> the board does not have to talk any action and there is not a timeline. and for that entire period of time, should they choose not to take any action, mayor breed will be both the acting mayor and the president of the board of supervisors. she has her position as acting mayor by virtue of her position as president of the board. >> reporter: so, just to clarify, there will be no additional [inaudible] appointed? >> there will not be. mayor breed has both positions. she still continues to have her board of supervisors position and president of the board and she is the acting mayor. >> yes. i have a question. in june of 2018, when does the
new candidate have to have their filings for the election? >> yes. that -- that is something that obviously has not been top on our list. but that is something that we're examining, filing deadlines. we've been focusing on making sure that we had a smooth transition to ensure that there was a continuity in city government. >> reporter: so there's nothing in the charter that indicates that at all? >> i've given my answer. >> any other questions for mayor breed? >> reporter: as acting mayor, do you have any plans for the [inaudible]. >> [inaudible].
>> our city attorney has already made that clear for now. i am currently still the supervisor of district five as well as the acting mayor until at such time the board decides if they would like to make a decision to select someone to fill the term until the next election. >> one more question. >> reporter: can you talk about personally what he meant to you. anything you can learn from him? the biggest legacy for the city will be? >> i worked with and have known mayor ed lee for over 20 years and what i appreciate about the mayor is his commitment to public housing mostly because when i became a member of the board of supervisors, i made it clear that was -- he asked my top three priorities and i said
public housing, public housing, public housing. as someone who grew up here and spent most my life there, mayor lee, very similar situation, we bonded over that. and looking at robert pitts and looking at it going from this place that was completely falling apart to just painted walls and new fixtures and how beautiful it looks and the fact that he really was stead do you on helping to make this happen is really what i will always remember about him. his commitment to tune out the noise and focus on trying to get the job done and i really will always appreciate him for taking my praourty seriously and helping to get that work done. he was a dedicated and committed public servant and i will never forgot him for that. thank you, tara. >> thank you, everybody. that concludes the press conference.
>> good afternoon, everybody. welcome to the san francisco board of supervisors meeting tuesday, december 12, 2017. madam clerk, please call the roll. >> thank you, madam president. [roll call] fewer not present. kim not present. peskin present. ronen not present. safai present. sheehy present. tang present. yee not present. breed present. cohen present. madam president, you have a quorum. >> thank you, ladies and gentlemen. please join us for the pledge of allegiance.
>> i pledge allegiance to the flag of the united states of america. and to the republic for which it stands, one nation, under god, indivisible, with liberty and justice for all. >> thank you. madam clerk, are there any communications? >> clerk: yes, two to report. my office is in receipt of a statement from the mayor's office of commune cautions announcing that at 1:11 a.m., the 43rd mayor of san francisco, mayor edwin lee has died at zuckerberg general hospital. board of supervisors london breed became acting mayor of san francisco effective immediately. the second report is that we're in receipt of a communication from supervisors sandra fewer requesting her be a tense today
be excused. >> thank you. is there a motion to excuse? yes. seconded. taken without objection? yes. supervisor fewer is excused. next item. >> clerk: approval of meeting minutes. >> is there a motion of approving the minutes from november 6 for land use and november 7 rules committee moved by supervisor farrell. seconded by supervisor sheehy. without objection, those meeting minutes are approved after public comment. madam clerk, please call our 2:00 p.m. special order. >> clerk: 2:00 p.m. special order is the mayoral appearance before the board, madam president. >> councillor breed: under these unique circumstances with the passing of mayor lee this morning, i plan to say a few
words during this item and i invite each of you to do the same. i want to take this opportunity on behalf of the full board of supervisors express our collective sorrow and deepest of condolences under the sudden passing of our mayor, mayor edwin m. lee. mayor lee passed away early this morning at zuckerberg san francisco general at age 65. i know i speak for each and every one of us when i say our thoughts and prayers are with mayor lee's wife, anita, and his daughters, tonya and breanna. mayor lee lived a life of service, son of working class immigrants, mayor lee developed early on a profound sense of community and a commitment to helping others. whether he was advocating for the powerless or serving for the voice of the overlooked, he was from the dawn of his career someone who fought for those in
need before himself. in his three decades of public service as a director of the human rights commission, then the director of the department of public works, and as a city administrator, and finally, as san francisco's first asian-american mayor, mayor lee always exemplified san francisco values and believed in the power of opportunity. he believed that everyone should have the opportunity to have a job and earn a good wage. he believed in a city where a poor kid from public housing could become mayor. through his efforts, 140,000 new jobs have been created in san francisco. millions of dollars have been invested in affordable housing. and because of his tenacity and dedication, we're on the path to
rehabilitating 700,000 public housing units. i also want to underscore how important his role as san francisco's first asian-american mayor was to the san francisco asian community. i remember the pride i saw from leaders and members from the chinese and asian-american communities when mayor lee first assumed office. the significance of this achievement will not be forgotten. what mattered most to mayor lee was helping his fellow san franciscans and everyone who had the pleasure of working with mayor lee will miss him tremendously. as i now assume the responsibility, i ask for your patience and your support. and at this time, as a point of privilege during what would have been mayor lee's question time, i want to ask that we adjourn today's meeting in the mayor's honor on behalf of the entire board. if we can do that without objection, without objection, we will do so. thank you, colleagues. at this time, if any of you
would like to say any words or if you want to wait until roll call, you're definitely welcome to do so. okay thank you, colleagues. appreciate your indulgence. madam clerk, please read the consent agenda. items 1-5 comprise the consent agenda. considered to be routine, if a member does not consent, an item may be removed and considered separately. >> councillor breed: no names on the roster. >> clerk: farrell, aye. peskin, aye, ronen, aye. safai, aye. sheehy, aye. tang, aye. yee, aye. breed, aye. cohen, aye. there are 10 ayes.
>> councillor breed: items passed unanimously. >> clerk: item 6 an ordinance to automomous delivery devices on sidewalks. >> councillor breed: can we take this same call? passes unanimously. please read 7 and 8 together. >> clerk: two resolutions both approve retroactively airport commission leases for 7, it's amendment 1 to international terminal food and beverage lease to increase the guarantee to $279,000 and promotional to $2, 000 and item 8 to the lease number for american inc. to increase the guaranteed to $166,000 and annual promotional
charge to approximately $3,000 through november 17, 2025. >> councillor breed: can we take those same house, same call? adopted unanimously. next item. >> clerk: item 9 to expend grant association of bay area governments to develop a test pilot software to perform technical for retrofits through a small commercial buildings through the period december 31, 2019. >> councillor breed: same house, same call. adopted unanimously. next. >> clerk: resolution to authorize the district attorney to renew its agreement with california victim compensation board for a revolving fund in $75,000 to use for funeral, burial, crime scene cleanup and other losses for eligible
victims through june 30, 2020. >> councillor breed: same house, same call. without objection, the resolution is adopted unanimously. >> clerk: item 11, retroactively authorize airport director to accept gifts $95,000 from thomas g dragges, james lund and jon simmonds. >> councillor breed: same house, same call. adopted. >> clerk: to authorize the recreation and park department to accept a grant of $110,000 from the san francisco parks alliance to benefit the department's scholarship program for the project term through june 30, 2018. >> councillor breed: same house, same call. without objection, resolution adopted unanimously. please call 13 and 14 together. >> clerk: items 13 and 14 are two resolutions, a memorandum of
understanding with oakland, santa clara, sonoma to provide the procedures for allocation and distribution of federal urban areas, security initiative grant funds to the bay areas and 14 is a resolution to authorize the department of emergency management to accept and extend fiscal year urban areas security initiative program grant $22 million from the u.s. department of homeland security. >> councillor breed: seeing no names on the roster, colleagues, can we take the items, same house, same call. without objection, resolutions adopted unanimously. please call 15-17. >> clerk: three resolutions to declare the intent of the city to reimburse expeditures to authorize the director of the mayor's office of housing and community development to submit an application and related
documents to the california limit allocation committee. permits mortgage revenue bonds not to exceed $150 million for 901 and 921 howard street and 414 tehama and $ not to exceed $200 million for 206 5th street. and 1990 folsom street. >> councillor breed: same house, same call. adopted. >> clerk: north of market/tenderloin community benefit district. >> councillor breed: same house, same call. resolution adopted. please call 19 and 20 together. >> clerk: these are two resolutions to approve an
historical property contract for item 19 between alta laguna and 215 and 229 haight street and execute the property contract for historical property contract with 973 market street and newco and authorizing the director of planning and recording to execute the historical property contracts. >> councillor breed: same house, same call. without objection, the resolutions are adopted unanimously. next item. >> clerk: number 21 asian art agreement to enter into asian art museum foundation, the city would indemnify officers and employees for claims to improve the asian art museum. >> councillor breed: same house, same call. resolution is adopted
unanimously. >> clerk: resolution to approve with a nonprofit community benefit district known as japantown community benefit district for the period through june 30, 2027. >> councillor breed: same house, same call. without objection, adopted unanimously. let's call 23 and 24 together. >> clerk: 23 and 24 two ordinances to amend the transportation code to permit motorized scooters and mopeds to park in spaces and item 24 to change the term car share vehicle to shared vehicle and permit shared vehicles to park in parking spaces and affirm the department's determination under the california environmental quality act. >> councillor breed: same house, same call. ordinances mass unanimously on the first reading. next item.
>> clerk: ordinance to amend the administrative code to re-authorize sentencing commission and waive the rules to extend sunset date to june 30, 2023. madam president, this requires eight votes to suspend the rules. >> councillor breed: supervisor cohen? >> councillor cohen: thank you. the sentencing commission commenced this summer and has been re-authorized once previously. so this body meets three to four times annually for three purposes. first, to analyze sentencing patterns and outcomes. to advise the board of supervisor, mayor and city departments on best approaches for reducing recitivism and make recommendations for sentencing reforms that advance public safety and utilize best
practices in criminal justice. we look at criminal justice experts in reform and approach. colleagues, i'm asking you today to join me in supporting this item, item 25. this commission would like to extend the timeline to sunset from two years -- instead of two years to five years and to extend for more than three years we must waive 2.21. given the track record for criminal sentencing strategy, i would like for you to support this for what i consider to be a practical timeline. >> councillor breed: seeing no other names on the roster,
colleagues, can we take this item, same house, same call? without objection, the ordinance passes unanimously on the first reading. >> clerk: item 26 amend administrative code to jurisdictions transers if of property department. >> councillor breed: same house, same call. passes unanimous ly. >> clerk: motion to appoint john elberling, fernando mafrt -- marti, whitney jones and shannon way for a term after the feasibili feasibility analysis 415-10. >> councillor breed: supervisor cohen? >> councillor cohen: i know this item was heard in rules
recently, but we recently got a letter, a substantial letter detailing basically that john elberling does not live in the city of san francisco and is also not qualified to occupy a bmr rate unit. i have questions -- i don't even know where to direct them. is there anybody here that can answer them? i don't know if mr. elberling is here. >> councillor breed: it doesn't appear that he is here and supervisor safai, maybe as chair, you can tell us if the issues came up. >> councillor safai: thank you. we had all the applicants present at the meeting. they all spoke on the record in support of their applications. applications were submitted in confirmity with the rules. there were no questions raised at that time, so i don't have
any comment on information submitted at the last minute regarding this matter. >> councillor breed: thank you, supervisor safai. supervisor cohen? >> councillor cohen: the question is that although in his application to our body he claims san francisco as his primary address, but when you look at his property tax, he claims an exemption, that forces him to be a resident and the address he uses is in sonoma, specifical specifically sebastiapool. perhaps we can continue this and take it up in the new year. thanks probably the most fair thing to do. that way mr. elberling can respond to the accusations submitted to us today it. >> councillor breed: thank you. before i call on supervisor
peskin, supervisor safai you would like to respond? >> councillor safai: it's valid. the clerk receives that information and is required to review that information to determine if the information provided, the address, was a san francisco address. it's not in the purview of the rules committee to determine that. we take that information on face value as it's submitted to the clerk. so i would ask the clerk maybe to respond to that. >> councillor breed: madam clerk? >> clerk: thank you, madam president to supervisor safai, the application has -- well, it is a san francisco address, as i look upon it on its face. >> councillor safai: thank you. >> councillor breed: supervisor peskin. >> councillor peskin: mr mr. elberling responded to that
baseless account where he responded that he has 80% his time at the san francisco address. he had an explanation as to why he takes a homeowner's exemption with his wife and i believe it was sonoma county and it seemed plausible. but i'm standing to repudiate the politics of personal attack being levied in this case. this is a gentleman who served on this exact body, the body that actually brought us the recommendations that led to the successful conclusion of our inclusionary housing policy that we did unanimously. and we have, thank you to the controller, reconvened the tack. the mayor has appointed a number of individuals. it's on the board to reappoint the same individuals that served us well in a technical advisory
capacity. the add homonym attacks are beneath the institution and i would like to vote on this today. >> councillor breed: and i want to add that i'm open to a continuance, but we're looking at a residency waiver for shannon way. so if we're going to vote to continue john elberling, i would like us to vote to continue shannon way as well on the decision to do a residency waiver because we're potentially talking about a question of residency here. supervisor cohen? >> councillor cohen: i'm happy to make the motion to continue item 27 and for the record i'm just raising a question. i did not see a response from mr. elberling and a response should be welcomed and entered into the file. so i will make that motion that we continue item 27 and take it up in the new year. thank you. >> councillor breed: it's been
seconded by supervisor tang. supervisor kim? >> councillor kim: are we speaking on the motion to continue? >> councillor breed: you can speak on either one. that's fine. >> councillor kim: i think it's important that we move forward with the appointments today, given the break that we're about to begin in the holidays. there is is a technical advisory committee that's met and advised this board of supervisors on our inclusionary housing bill. john elberling served with the same address that he included on his application today. he actually lives in my neighborhood, so i see him very frequently. so i can vouch for the fact that i see him in the south of market. but i also want to state on behalf of shannon way, there are very few individuals that understand below market rate home ownership and even for market rate home ownership in
san francisco as well as shannon does. it's unfortunate that she lives in oakland for the sake of this committee serving the needs of san francisco residents, but i don't think we can find another applicant with the depth of knowledge that she personally has. she spent over a decade as a real estate agent selling homes and then went on to work at home ownership sf, where she became executive director. i have not met someone with the level of expertise that she has on this issue and the committee would really greatly benefit from her wisdom and her knowledge. >> councillor breed: thank you it. supervisor safai? >> councillor safai: we have the ability to waive the residency requirements. it did come up. she did talk about it. she was an active -- ms. way was
an active participant in the negotiations that took place over the last 10 months. her participation was invaluable. so i don't have any question of her commitment or abilities, so i want to separate the two. i think they're two separate issues. >> councillor breed: thank you, supervisor safai and kim. i want to be clear. i'm well aware of ms. way's involvement and i support her and i'm prepared to support her here today including her residency waiver. my only suggestion in terms of this situation is that we're providing residency waiver for ms. way. if this is the case with mr. elberling, that, too, can be an option, but it doesn't appear that that's the case. if that were an option, why wouldn't he use his specific address in sonoma if that is his primary address. if there are colleagues that are concerned about wanting to
fact-find and make sure that they're comfortable with moving this forward, i will support a continuance, but i think it's important to highlight the fact that these are -- those two individuals in particular were very instrumental in working with us to develop the legislation for inclusionary housing that's really change the the face of how affordable housing is done not only in san francisco, but i'm sure will have a ripple effect in other jurisdictions as well. so i'm prepared to support them today, but i also understand supervisor cohen's concern and she should have the opportunity to confirm the facts. supervisor peskin? >> councillor peskin: first of all, maybe we can ask the controller about the deadlines that are driving this because i know that there's been a push to actually get the technical advisory committee to reconvene with some deadlines and then i
will ask the city attorney about domicile laws and rulings in the state of california and i understand those relative to the statements made by mr. elberling that he reside 80% of the time at the address south of market and i think under those rulings and laws is domiciled in south of market and i believe votes in south of market. but with that, through the president, mr. controller. >> supervisor peskin through our president, ben rosenfield, city controller. the legislation that asigns to us the task of completing this newest body of work has a deadline at the end of january. time is of the essence for us to have impact on our meaningful work.
>> councillor peskin: because of a spurious allegation and personal attack that we would delay our mission of affordable inclusionary housing blows my mind, colleagues. anybody can accuse anybody of anything. and what we all voted for unanimously, i find this to be proposterous and upsetting. i realize this is an upsetting day, but this is absurd. >> councillor breed: i will add that the other option is, we can come back to this item later on in the agenda since there are other items. supervisor yee? >> councillor yee: i want to -- for shannon way, i don't want to continue.
john elberling, there's a question, not about whether we should waive or not waive, but more, about residency. so, number one, lets move shannon way forward. ms. cohen, supervisor cohen? through the president, when did we receive this? is this a letter floating around for a while or -- i don't have it in front of me. >> councillor cohen: i didn't hear your question. >> councillor yee: when did you receive this letter? has it been around for a while? >> councillor cohen: let me check with my staff. i don't know when we received
it. supervisor tang said she received it via email a day or so ago. i will have my staff make a copy of it for your reference and make sure it's reflected in the board record as well. all i'm asking for -- i'm not saying yes or no. i just want to know if there's any truth to it. >> councillor yee: i am wondering about the timeline. i thought maybe i missed it during the rules committee. so it was after rules committee. and i guess, city attorney, are there -- let me get an understanding, if -- i don't know what the situation is when you are allowed to get an owner's tax exemption, whether or not -- supervisor peskin
mentioned that you might have a wife and if he and his wife owned a different home somewhere but it's not his main residency but it's his wife's and they claim the exemption and maybe only can claim one. is it possible that one could claim an exemption for one place and actually have primary residency in another place. >> deputy city attorney john gibner. basically every member of an appointed body must be a resident and registered voter in the city, although the board can waive that residency requirement in its discretion if it can't find any qualified applicants for the seat. and that's a judgment for the board to make. whether a person
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