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Board approves reappointments to inclusionary housing technical advisory committee after residency dispute
Summary
After a residency question was raised about applicant John Elberling, the Board of Supervisors confirmed a slate of appointments to the Inclusionary Housing Technical Advisory Committee, handling Elberling’s seat separately and adopting the appointments after the clerk and counsel clarified residency evidence.
The Board of Supervisors debated Item 27, a set of appointments to the Inclusionary Housing Technical Advisory Committee (TAC), after a late-submitted letter questioned whether one appointee, John Elberling, met San Francisco residency requirements.
What happened: The item originally included four appointments plus a request to waive the residency requirement for Shannon Way. Supervisor Malia Cohen asked for more information after receiving a letter alleging Mr. Elberling lived out of county. Supervisor Safaie (chair of the Rules Committee) said the committee had vetted applicants and that applications were submitted to the clerk’s office. The clerk confirmed on the record that Elberling’s application listed a San Francisco address.
City attorney deputy John Givner summarized the legal standard: residency and domicile depend on physical presence and intent to make the place a home, with indicators including voter registration, tax filings, and motor-vehicle documents; the board retains discretion to waive residency for appointments. Supervisor Peskin and others said Elberling had responded to allegations, stating he spends “80 percent” of his time at the San Francisco address and offered an explanation for taking a homeowner’s exemption in Sonoma County.
Board action: Supervisor Cohen initially moved to continue the item to allow Elberling to respond. After follow-up and staff responses on the record — including the clerk’s confirmation that the application listed a San Francisco address — Cohen withdrew her motion to continue and moved to proceed. The board divided the question to take Shannon Way and the other candidates first, then handled John Elberling separately; without objection, the board adopted the appointments and the residency waiver for Shannon Way. The clerk recorded the action as adopted without objection for the slate and by roll call for the separated question. The transcript shows the board ultimately took the entire motion and adopted it with no objections recorded.
Why it mattered: Supervisors emphasized the technical advisory committee’s role in shaping the city’s inclusionary housing policy and that the appointees had previously advised the board on inclusionary housing work. Several supervisors urged the board not to allow last-minute personal attacks to block participation by experienced advisors.
Clarifying details captured in the hearing: - The clerk stated Mr. Elberling’s application contained a San Francisco address and appeared, on its face, to be a San Francisco address. - Mr. Elberling (via counsel and supporters in the room) said he spends the majority of his time at the San Francisco address and offered an explanation for a Sonoma County homeowner’s exemption claimed with his wife. - Deputy City Attorney John Givner reviewed legal factors used to determine domicile and residency (physical presence, intent, voter registration, tax filings, driver’s license, homeowner’s exemption as a factor but not determinative).
Next steps: The appointments were entered, the clerk will memorialize the waivers and appointments, and the TAC will reconvene according to its charter and controller’s schedule.
