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Committee adopts amendments to surface-mounted facility ordinance, sets in-lieu fee and directs funds to DPW beautification fund
Summary
The committee accepted Supervisor Cohen’s amendments to the surface-mounted facility (SMF) ordinance — setting an in-lieu fee of $2,000 per SMF or $48 per square foot and directing funds to a Department of Public Works beautification fund — and continued the item to Sept. 13 to allow updated correspondence from AT&T and further review.
The Public Safety & Neighborhood Services Committee on July 26 accepted amendments to an ordinance revising exceptions to the public-works code for surface-mounted facilities (SMFs). Supervisor Cohen’s amendment specified that the ordinance’s in-lieu fee would be $2,000 per SMF or $48 per square foot (whichever is higher) and directed collected funds to a Department of Public Works beautification fund that the Arts Commission and DPW would help administer.
Department of Public Works and Arts Commission staff said administration could leverage the existing Street Smarts program to manage artist wages and mural costs; the Arts Commission’s director noted the $48 per-square-foot figure is based on Street Smarts’ fully loaded cost model and includes artist living-wage considerations. DPW clarified the beautification fund would be separate from the tree-replacement fund and could support neighborhood-requested beautification projects.
Deputy City Attorney John Givner told the committee that AT&T previously submitted a letter to the Board tied to an earlier version of the ordinance, promising not to pursue certain appeals if the earlier wording were adopted; because the committee accepted new fee terms, Givner said that the earlier letter’s time-limited promise may not apply and that AT&T might submit a follow-up letter. AT&T’s representative, Cammie Blackstone, said the company would review the amended hybrid model and respond, but could not commit to the same five-year terms tied to the earlier draft.
Public comment included a technical and enforcement critique of AT&T’s maintenance and graffiti cleanup, with one commenter urging automatic fines for missed cleanup windows and better data reporting to DPW.
Committee action and next steps - The committee accepted Supervisor Cohen’s amendments on the in-lieu fee and beautification-fund allocation. - The committee continued the ordinance to its next meeting on Sept. 13 to allow DPW, the Arts Commission and AT&T time to provide updated information and for an additional committee hearing as required by the fee change.
Editor’s note: The committee discussion and amendment were recorded in the July 26 hearing; the Finance and full Board calendars will reflect the continued item for Sept. 13.
