GAO Committee Advances Excelsior CBD and Approves Litigation Settlements - April 20, 2023
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Government Audit and Oversight Committee Meeting - April 20, 2023
The Government Audit and Oversight Committee (GAO) of the San Francisco Board of Supervisors met on Thursday, April 20, 2023, to consider a resolution of intention to form the Excelsior Community Benefit District (CBD) and to discuss and vote on a closed session litigation agenda involving multiple settlements, a tolling agreement, and unlitigated claims. The committee voted unanimously to forward the CBD resolution to the full board and to recommend the entire litigation agenda.
Public Comments & Testimony
- William Ortiz Cartagena, founder of the nonprofit Glecha, provided brief comments but did not state a position on the CBD item.
- David Pilpel, a remote caller, commented on the closed session litigation agenda. He noted that item 3 (plaintiffs Doe 1 and Doe 2) involved an employment dispute with the police department and suggested that future agendas include the specific department in the long title of such cases. He expressed no opinion on the underlying issues.
Discussion Items
- Resolution of Intention – Excelsior Community Benefit District (File 230386):
- Bill Barnes, chief of staff for Supervisor Asha Safai, presented the item, noting that the effort began in 2017 with an economic strategy for the Excelsior neighborhood. The CBD aims to improve street cleanliness, business attraction and retention, and corridor activation. Property owners representing 30% of the assessment had subscribed by March 2023, meeting the threshold to call an election. He thanked the Jewish Home and other supporters.
- Diana Ponce de Leon, from the Office of Economic and Workforce Development (OEWD), presented the resolution and outlined the community engagement process. The timeline includes ballots going out in May 2023, ending in July, and if passed, services commencing in the first quarter of 2024.
- Supervisor Dean Preston asked whether the Excelsior Library, located within the proposed boundaries, was included in the management plan. Steve Gibson, president of Urban Place Consulting, confirmed that the library is within the boundaries and would be assessed and receive services. Bill Barnes added that the library recently underwent renovations through the Library Preservation Fund.
- The committee then voted unanimously to send the resolution to the full Board of Supervisors with a recommendation.
Closed Session Litigation Agenda
- The committee convened in closed session to discuss 17 items, including settlements of lawsuits, a tolling agreement, and unlitigated claims. The total settlement amounts included:
- Christopher Wirowek: $436,000
- Plaintiffs Doe 1 and Doe 2: $120,000
- Justin Tsai: $185,000
- Robert Burchell et al.: $100,000
- Lyn Rawles: $200,000
- Alexis Krup: $3,325,000
- M. Hernandez Construction, Inc.: $137,000
- San Francisco Care Center, L.P.: $825,000
- Ronnie Jones: $149,000
- Treasure Island Series 1, LLC: Tolling agreement (real property transfer tax dispute)
- KHP III SF Sutter LLC: $3,750,000 (unlitigated)
- Joseph Goldmark: $35,000 (unlitigated)
- Chinatown Community Development Center: $70,000 (unlitigated)
- Michael Gwilliam: $38,350 (unlitigated)
- BRIDGE Housing Corporation: $100,000 (unlitigated)
- Executive Hotel Vintage Court, LLC: $762,965 (unlitigated)
- SF Americania LLC: $4,692,008 (unlitigated)
- After reconvening in open session, the committee reported unanimous action to recommend the entire litigation agenda to the Board of Supervisors for consideration on May 2, 2023. Supervisor Connie Chan disclosed a professional relationship with plaintiff Christopher Wirowek from her prior positions at the District Attorney's Office and City College of San Francisco, noting the relationship was limited to professional.
- The committee then voted unanimously not to disclose the closed session discussions.
Key Outcomes
- Excelsior CBD Resolution: Passed committee (3-0) and sent to the full Board of Supervisors with recommendation.
- Litigation Agenda: All 17 items recommended to the full Board of Supervisors (unanimous).
- Non-Disclosure of Closed Session: Approved unanimously (3-0).
Meeting Transcript
Good morning. This uh meeting will come to order. Welcome to the April 20th, 2023 regular meeting of the Government Audit and Oversight Committee of the San Francisco Board of Supervisors. I'm Supervisor Dean Preston, Chair of the Committee. I am joined by Vice Chair Catherine Stephanie and Supervisor Connie Chan, our committee clerk today is John Carroll in for Stephanie Cabrera, and our thanks to the team at SFGov TV for staffing this meeting. Mr. Clerk, any announcements? Yes, thank you, Mr. Chair. The Board of Supervisors and its committees convene hybrid meetings that allow in-person attendance and public comment while still providing remote access and public comment via telephone. The board recognizes that equitable public access is essential, and we will be taking public comment as follows. First, public comment will be taken on each item on today's agenda. Those attending in person will be allowed to speak first, and then we'll hear from those who are waiting on the telephonic public comment call in line. If you wish to provide public comment, please dial 415 655000. Then enter today's meeting ID. That meeting ID is 2498 7340614. Then dial the pound symbol twice. When you're connected, you will hear the meeting discussions, but your line will be muted and in listening mode. When your item of interest comes up on today's agenda and public comment is called. Those joining us in person should line up to speak on your right hand side here in the chamber, room 250. And then those who wish to speak on the public comment telephone line should dial star three to be added to the speaker queue. If you're on your telephone, please remember to turn down your television, your radio, what your listening devices, your streaming devices, whatever you may be using to access today's proceedings. Alternatively, you may submit written public comment by email to the government audit and oversight committee clerk, who is Stephanie Cabrera. Stephanie's email address is S T E P H A N I E dot Cabrera, C A B R E R A at S F G-O-V dot O R G. You may also send your written comments via US U.S. Postal Service to our office in City Hall. That's the clerk's office. One, Dr. Carlton B. Goodlit Place, room 244, San Francisco, California, 94102. If you submit public comment in writing, we will forward your comment to the supervisors and include your comments as part of the official file on the matter on which you're commenting. Of course, all this contact information can be consulted on the front page of any agenda for our committee if you need to see it there if we're going too fast. And finally, Mr. Chair, items acted upon today are expected to appear on the Board of Supervisors agenda of May 2nd, 2023, unless otherwise stated. Thank you, Mr. Clerk. Uh, please call item one. Agenda item one is a resolution declaring the intention of the Board of Supervisors to establish a property-based business improvement district known as the Excelsior Community Benefit District and levy a multi-year assessment on all parcels in the district. Approving the management district plan and engineers report and proposed boundaries map for the district. Ordering and setting a time and place for public hearing of the Board of Supervisors, sitting as a committee of the whole on July 11th, 2023 at 3 p.m. Approving the form of the notice of public hearing and assessment ballot proceeding and the assessment ballot. Directing environmental findings and directing the clerk of the board of supervisors to give notice. Mr. Chair. Thank you. So this item is sponsored by Supervisor Asha Safai, and I understand that his chief of staff, Bill Barnes, who is here, uh, will speak on his behalf on this item, and then we will uh hear from uh Diana Ponce de Leon from uh uh OEWD. So um Mr. Barnes, welcome. Floor is yours. Uh thank you and good morning, Chair Preston and members of the GAO committee.
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