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Board approves $400,000 appropriation from Little Hollywood exchange after debate over surplus property rules
Summary
Supervisors approved $400,000 from the Little Hollywood property exchange for park and open-space planning, 6-3, after debate over whether public rights-of-way must appear on surplus property lists.
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The San Francisco Board of Supervisors voted 6-3 on Tuesday to appropriate $400,000 of revenues from the Little Hollywood property exchange to fund park and open-space planning.
Supervisor Sophie Maxwell spoke in favor of the appropriation and defended the legality of the exchange, noting that the relevant Administrative Code provision excludes public rights-of-way from the surplus-property process. Maxwell told colleagues that section 23(a)(4)(f) of the Administrative Code “specifically excludes public rights of way from the definition of property and the surplus property ordinance.”
Supervisor Chris Daly said he appreciated Maxwell’s legal point but argued that the spirit of the surplus-property ordinance suggests that any city-owned parcel with value that the city decides not to use for a city purpose should be listed as surplus for public review. Daly said: "If there is a piece of city property that has value that's going to be sold, the city no longer needs to use, for a city purpose, including public right of way, that at that point, that parcel of that property should be listed as surplus." The clerk recorded a roll call of six ayes and three noes; the ordinance finally passed.
Speakers and council members debated whether the particular portion of the city right-of-way included in the exchange had previously been listed on departmental surplus property lists; Maxwell said her office had provided the code citation to colleagues after earlier concern was raised. The transcript records that after debate the clerk took a roll-call vote with the following votes recorded in the meeting: Chu, Dufty, Duffy, Ellsburn, Marr and Maxwell voted aye; Daly, Avalos and Campos voted no.
The ordinance appropriating the $400,000 is effective on passage. The record identifies follow-up steps to apply those revenues to park and open-space planning, but the transcript does not supply a detailed implementation schedule or departmental assignment beyond the typical assignment to planning and public-works departments.
Speakers - Supervisor Sophie Maxwell, mover and floor spokesperson on item 18 - Supervisor Chris Daly, opposed on final roll-call
Authorities - Administrative Code section 23(a)(4)(f) (referenced by Supervisor Maxwell in meeting)
Clarifying details - Appropriation amount: $400,000 (stated on the record for item 18) - Vote tally: 6 ayes, 3 noes (recorded by the clerk)
The board moved on to subsequent items after the vote; the clerk announced that the ordinance had finally passed.
