3756513 - Administrative Code - African American Arts and Cultural District - Referral CEQA 111918

BOARD of SUPERVISORS City Hall Dr. Carlton B. Goodlett Place, Room 244 San Francisco 94102-4689 Tel. No. 554-5184 Fax No. 554-5163 TDD/TTY No. 554-5227 November 19, 2018 Lisa Gibson Environmental Review Officer Planning Department 50 Mission Street, Ste. 400 San Francisco, CA 94103 Dear Ms. Gibson:  File No. On November 13, 2018, Supervisor Cohen introduced the following proposed legislation:
File No. 181080 Ordinance amending the Administrative Code to establish the African American Arts and Cultural District in the Bayview Hunters Point neighborhood; to require City departments to submit written reports and recommendations to the Board of Supervisors and the Mayor describing the cultural attributes of the District, and proposing strategies to acknowledge and preserve the cultural legacy of the District; and to establish the African American Arts and Cultural District Community Advisory Committee to advise the City on the same matters;  and affirming the Planning Department's determination under the California Environmental Quality Act. This legislation is being transmitted to you for environmental review. Attachment
-forz-By: lis . Somera, Legislative Deputy Director Rules Committee c: Joy Navarrete, Environmental Planning Laura Lynch, Environmental Planning FILE NO. 181080 ORDINANCE NO.
[Administrative Code -African American Arts and Cultural District] Ordinance amending the Administrative Code to establish the African American Arts and Cultural District in the Bayview Hunters Point neighborhood;  to require City departments to submit written reports and recommendations to the Board of Supervisors and the Mayor describing the cultural attributes of the District, and proposing strategies to acknowledge and preserve the cultural legacy of the District;
and to establish the African American Arts and Cultural District Community Advisory Committee to advise the City on the same matters;  and affirming the Planning Department's determination under the California Environmental Quality Act. NOTE: Unchanged Code text and uncodified text are in plain Arial font. Additions to Codes are in single-underline italics Times New Roman font. Deletions to Codes are in strikethrough italics Timesl'lewRomanjont. Board amendment additions are in double-underlined Arial font. Board amendment deletions are in strikethrough Arial font. Asterisks (* *  *  *) indicate the omission of unchanged Code subsections or parts of tables. Be it ordained by the People of the City and County of San Francisco:
Section 1 . Findings. (a)  The Planning Department has determined that the actions contemplated in this ordinance comply with the California Environmental Quality Act (California Public Resources Code Sections 21000 et seq.).  Said determination is on file with the Clerk of the Board of Supervisors in File No. _and is incorporated herein by reference.  The Board affirms this determination.
(b) On __________ , the Historic Preservation Commission held a duly noticed hearing regarding the effects of this ordinance upon historic or cultural resources, and Supervisor Cohen BOARD OF SUPERVISORS Page 1 has submitted a written report to the Board of Supervisors as required under Charter Section 4.135.  The report is on file with the Clerk of the Board of Supervisors in File No. _. Section 2. Chapter 107 of the Administrative Code is hereby amended by revising Section 1
.3, to read as follows:
SEC. 107.3.  LIST OF ESTABLISHED CULTURAL DISTRICTS. The Cultural Districts of the City and County of San Francisco are:
(a) Japantown. The Cultural District shall include the area bound by California Street to the north, Steiner Street to the west, Gough Street to the east, and Geary Boulevard, Ellis Street and O'Farrell Street to the south.
(b) Calle 24 (Veinticuatro)  Latino Cultural District. The Cultural District shall include the area bound by Mission Street to the west, Potrero Street to the east, 22nd Street to the north, and Cesar Chavez Street to the south, as well as the commercial corridor on 24th Street extending west from Bartlett Street to Potrero Avenue, and the Mission Cultural Center at 2868 Mission Street.
(c)
SoMa Pilipinas-Filipino Cultural Heritage District. The Cultural District shall include the area bounded by 2nd Street to the east, 11th Street to the west, Market Street to the north, and Brannan Street to the south, as well as the International Hotel (also known as the 1-Hotel, at 848 Kearny Street), the Gran Oriente Filipino Masonic Temple (1 06 South Park Street), Rizal Apartments, the Iloilo Circle Building, Rizal Street, and Lapu Street.
(d) Compton's Transgender Cultural District. The Cultural District shall include the area defined as the north side of Market Street between Taylor Street and Jones Street, the south side of Ellis Street between Mason Street and Taylor Street, the north side of Ellis Street between Taylor Street and Jones Street, and 6th Street (on both sides)  between Market Street and Howard Street. Supervisor Cohen BOARD OF SUPERVISORS Page2
(e) Leather and Lesbian, Gay, Bisexual, Transgender, Queer Cultural District. The Cultural District shall include the area bounded by Howard Street to the northwest, 7th Street to the northeast, Highway 1 to the south between Howard Street and Bryant Street, Division Street to the south between Bryant Street and Interstate 80, and Interstate 80 to the east, as well as the south side of Harrison Street between 7th Street and Morris Street.
(j) A(rican American Arts and Cultural District. The Cultural District shall include the area bounded by Cesar Chavez Street projected through Pier 80 to the north. San Francisco Bay to the east and to the south until Harney Wav reaches Highway 101. and Highway 101 to the west . Section 3. The Administrative Code is hereby amended by adding Chapter 1 07 A, consisting of Sections 107 A.1 and 107 A.2, to read as follows:
CHAPTER 107A:
AFRICAN AMERICAN ARTS AND CULTURAL DISTRICT SEC 107A.l.  FINDINGS. The African American Arts and Cultural District (the "District") within the Bayview Hunters Point neighborhood is a robust, economically vital area that adds to the rich cultural tapestry o[San Francisco.  In establishing the District.  the City acknowledges the importance ofrecognizing the neighborhood's history and preserving the legacy and traditions uniquely born in the Bayview Hunters Point. The District will recognize and memorialize the unheralded African American experience in San Francisco, and will help to preserve and increase the depth and impact of the African American legacy in the City. Bayview Hunters Point. more than any other neighborhood in San Francisco. reflects the transformational journey o[southern Blacks and their contributions to the City.  In 1940. San Francisco's Black population was less than 1%. Seeldng opportunity in the early years of World War II. African Americans moved to San Francisco in record numbers.  filling key jobs at the shipyards. Supervisor Cohen BOARD OF SUPERVISORS Page 3 Manyfound their .first employment opportunities at the bustling Hunters Point Naval Shipyard. By the end ofthe war, San Francisco's AMcan American population had increased by 660%. and by 1950, Afi'ican Americans made up about 25% ofthe population in the Bayview Hunters Point neighborhood.  This neighborhood was one ofthe City's earliest socially and ethnically integrated neighborhoods after the Jim Crow era, 1877-1965, and served as the launch pad for the integration of other neighborhoods in the City.  The influence ofAfhcan Americans from this neighborhood helped San Francisco move beyond a legacy of ethnic isolation and social barriers. After the war, African Americans faced significant unemployment and discrimination from white residents and businesses, and local government agencies. By the 1960s, over half of Bayview Hunters Point residents were Afi'ican American:  this transformation was met with many challenges and resistance. The San Francisco Housing Authority assumed responsibility for the homes constructed by the Navy in Bayview Hunters Point. Shortly thereafter, this area experienced a downward spiral in living conditions and economic opportunity through lack ofinvestment.  Political, social, and economic stressors pressured the neighborhood in subsequent years and threatened to unravel the neighborhood's fabric. These conditions did not break the spirit ofthe residents.  It strengthened the resolve of these residents as they fought and succeeded in battles for access, representation. and accountability. By the 1970s, after the closing ofthe Shipyard.  the poverty rate in Bayview Hunters Point was 20%. and the systemic mishandling ofpublic housing made bad situations worse. Despite worsening conditions, in the 1980's, African Americans still comprised nearly 80% ofthe population ofBayview Hunters Point. and the neighborhood retained one qfthe City's highest rates ofhomeownership.  A cohort o.fAfrican American leaders formed over time and demanded change, better housing and living conditions, quality schools, open spaces, and access to jobs. Those community leaders continue to shape the Bayview Hunters Point neighborhood to this day. Supervisor Cohen BOARD OF SUPERVISORS Page4 The ongoing out-migration o[Afi'fcan Americans who once lived in San Francisco has shrunk the City's AkicanAmericanpopulation kom its highest point of13.4% in 1970. to 6.1%  in 2010. and an estimated 4% in 2018. In spite ofthis decline.  African American culture remains a distinct gem in the Bayview Hunters Point neighborhood The neighborhood is socioeconomically diverse and inclusive. With Afi-ican American residents making up 28% qfthe neighborhood, it still boasts the highest concentration ofAfi'ican Americans within San Francisco.  There is still a strongpresence of African American culture as is evidenced by business owners. religious congregations.  public arts. and native musicians. This culture reflects a long history. The neighborhood's cultural and artistic traditions began 0 to take root well before the neighborhood shifted demographically. The southern migrants came with traditions, history. and aspirations handed down from one generation to the next.  Over time, businesses along 3rd Street began to slowly change and become a reflection ofthe neighborhood Community-based organizations formed to address specific unmet needs and demand investments that benefited the neighborhood The result was an incredible blend o[southern Black traditions with a distinctive West Coast vibe, with community locales such as the Bayview Community Center. Sam Jordan's Bar. the Jazz Room, and the Bayview Opera House.  that are now historic institutions.  Today, the influence qfAfrican Americans can be found throughout the neighborhood Community buildings. streets. parks and open space, and art honor African American leaders and the African American experience. The legacy ofAftican Americans in Bayview Hunters Point is now in jeopardy. As the Afi'fcan American population decreases. approachingpre-World War II levels. community institutions and the neighborhood culture are threatened The establishment ofthe District aims to help retain Bayvie·w Hunters Point institutional memory for this andji1ture generations. and to ensure that the legacy and transformative contributions ofAfrican Americans is not forgotten or overwritten. Supervisor Cohen BOARD OF SUPERVISORS Page 5 The story ofthe Bayview Hunters Point neighborhood continues to unfold and this story of transformation must be preserved while looking to the future. As the Hunters Point Naval Shipyard is transformed into a dynamic new neighborhood. San Francisco must not overlook the contributions of those who transformed the neighborhood in the past. To that end.  the District will serve to (1)
acknowledge the importance of the neighborhood's history. {2) preserve the legacy, cultural assets. arts, and traditions uniquely born in Bavview Hunters Point. (3) create a community-led and transparent initiative. driven by Bayview Hunters Point stakeholders, (4) incubate homegrown entrepreneurship and artistic expressions. and (5) create an environment susceptible to sustainable businesses and economic vitality to improve quality oflifefor all residents. SEC 107A.2. REQUIRED REPORTS.
(a) Department Reports to the Mayor's Office o(Housing and Community Development. By no later than July 9. 2019. the departments listed in this subsection (a) shall submit to the Mayor's Qffice ofHousing and Community Development reports containing an assessment o[J·elevant assets and needs in the District.  recommendations on programs.  policies. andfunding sources that could benefit the District. and other recommendations that could serve the District to advance the goals of this Chapter 107 A. Each department shall seek the input ofthe 4frican American Arts and Cultural District Community Advis01:y Committee established in Chapter 5. Article XXX o[the Administrative Code.  during that committee 's existence.  as vvell as residents. businesses. and organizations in the District.  when compiling the information relevant for the reports and when deciding on recommendations.
{J) The Historic Preservation Commission's report shall describe and evaluate historic resources in the District and make recommendations regarding how the City may preserve those resources. Supervisor Cohen BOARD OF SUPERVISORS Page 6
(2) The Office ofEconomic and Workforce Development's report shall (A) describe existing businesses and nonprofit organizations that contribute to the culture ofthe District. and make recommendations regarding how the City may serve those businesses and organizations; and (B)
describe tourist activity in the District, and make recommendations regarding how the City can sustain and increase that activity.
(3) The Arts Commission's report shall describe the artistic and cultural assets in the District, including fine arts, performing arts. and regular cultural events like festivals, and make recommendations about how the City mavpreserve and support those assets.
(4) The Department ofPublic Works' report shall describe public amenities and 0 infrastructure that reflect the character ofthe District, which may include but need not be limited to signage.  street names, and light posts.
{5) The PlanningDepartment's report shall make recommendations regarding potential amendments to the Planning Code that could contribute to the preservation ofthe character ofthe District.
(6) The Human Rights Commission's report shall evaluate and describe the cultural competency of City services in the District. and propose policy changes to address deficits in those areas.
@) Culture, History, Housing. and Economic Sustainability Strategy Report. By no later than October 8. 2019. the Mayor's Qfftce of Housing and Community Development shall prepare and submit to the Board ofSupervisors and the Mayor a Culture.  History.  Housing, and Economic Sustainability Strategy Report ("CHHESS Report") for the District.  The CHHESS Report shall include a demographic and economic profile of the District.  includingpast.  current. and future trends.· analvze and record the tangible and intangible elements ofthe District's cultural heritage:  identify areas of concern that could inhibit the preservation ofthe District's unique culture: and propose legislative. economic. and other solutions and strategies to support the District. The CHHESS Report shall discuss Supervisor Cohen BOARD OF SUPERVISORS Page 7 or incorporate the findings and recommendations of departments in the reports required bv subsection
(a) ofthis Section 107A.2. In preparing the CHHESS Report. the Mavor's Office ofHousingand Community Development shall solicit recommendations and feedback from the African American Arts and Cultural District Community Advisory Committee. and spearhead a community engagement process with residents.  businesses, and workers in the District.  in order to develop the strategies and plans that will preserve and enhance the culture of the District.
(c) Board o(Supervisors Consideration.  Following receipt ofthe CHHESS Report from the Mayor's Office ofHousing and Community Development.  the Board ofSupervisors may take any action that the Board deems appropriate.  including. by resolution.  approving the report.  modifying the 0 report. rejecting the report, or requesting additional information or analysis from the Mayor's Office of Housing and Community Development or any other City department or agency.
(d) Progress Reports. The Mayor's Office ofHousing and Community Development shall provide a progress report on the strategies outlined in the CHHESS Report at least once every three years following the Board q,fSupervisors' enactment of a resolution approving or modifying the CHHESS Report. Section 4. Chapter 5 of the Administrative Code is hereby amended by adding Article XXX, consisting of Sections 5.30-1 through 5.30-6, to read as follows:
ARTICLE XXX:
AFRICAN AMERICAN ARTS AND CULTURAL DISTRICT COMMUNITY ADVISORY COMMITTEE SEC 5.30-1. CREATION OF COMMITTEE. The Board q,fSupervisors hereby establishes the African American Arts and Cultural District Community Advis01y Committee  (the "Committee"). Supervisor Cohen BOARD OF SUPERVISORS Page 8 SEC 5.30-2. MEMBERSHIP. The Committee shall consist of seven voting members, nominated by the Supervisor for District 10 and appointed bv the Board of Supervisors, with the following qualifications:
(a) Seats 1, 2, 3, and 4 shall be held bv individuals who reside within the boundaries of the Afi-ican American Arts and Cultural District (the "District"), as described in Section 107.3 ofthis Code.
{k) Seat 5 shall be held by an owner of a business located in the District.
(c) Seat 6 shall be held bv an employee qfa business located in the District. (d) Seat 7 shall be held bv a person with knowledge or expertise regarding the histmy or culture ojthe District. SEC 5.30-3. ORGANIZATION AND TERMS OF OFFICE. (a) Members o[the Committee shall serve at the vleasure ofthe Board o(Supervisors and mav be removed by the Board at any time.  Each member may remain on the Committee until the termination ofthe Committee under Section 5.30-6, unless removed by the Board A seat that is vacant on the Committee shall be .filled by the Board
{k) Sen,ice on the Committee shall be voluntmy and members shall receive no compensation from the City.
(c) Any member who misses three regular meetings ofthe Committee within a six-month period without the express approval ofthe Committee at or before each missed meeting shall be deemed to have resigned,kom the Committee ten days qfter the third unapproved absence. The Committee shall inform the Clerk o[the Board ojSupervisors o(any such resignation. Supervisor Cohen BOARD OF SUPERVISORS Page 9
(d) The Mavor 's Office ofHousing and Community Development shall provide administrative support for the Committee. All City officials and agencies shall cooperate with the Committee in the performance ofitsfunctions. SEC 5.30-4. DUTIES. The Committee shall advise the Board ofSupervisors.  the Mayor. and the Mayor's Office of Housing and Community Development regarding strategies to support and preserve the unique culture and heritage qfthe African American Arts and Cultural District. and shall provide input to all City agencies in the preparation of reports required under Section 10 7 A. 2 qf this Code. SEC 5.30-5. MEETINGS AND PROCEDURES. (a) The Committee shall hold its inaugural meeting not more than 30 days after the Board has appointed at least four members to the Committee.  There shall be at least ten days' public notice ofthe inaugural meeting. Following the inaugural meeting, the Committee shall hold a regular meeting not less than once every three months until the sunset date set forth in Section 5. 30-6.
{k) The Committee shall elect its officers and may establish bylaws and rules for its organization andprocedures. SEC 5.30-6. SUNSET. Unless the Board ofSupervisors by ordinance extends the term ofthe Committee.  this Article XX¥ shall expire by operation qflmv. and the Committee shall terminate.  three years after the effective date ofthe ordinance in Board File No. enacting this Article.  After that date, the City Attorney shall cause this Article XX¥ to be removed from the Administrative Code. Supervisor Cohen BOARD OF SUPERVISORS Page 10 Section 5. Effective Date. This ordinance shall become effective 30 days after enactment.  Enactment occurs when the Mayor signs the ordinance , the Mayor returns the ordinance unsigned or does not sign the ordinance within ten days of receiving it, or the Board of Supervisors overrides the Mayor's veto of the ordinance. Section 6. Scope of Ordinance. In enacting this ordinance, the Board of Supervisors intends to amend only those words, phrases, paragraphs, subsections, sections, articles, numbers, punctuation marks, charts, diagrams, or any other constituent parts of the Municipal Code that are explicitly shown in this ordinance as additions , deletions, Board amendment 0 additions, and Board amendment deletions in accordance with the "Note " that appears under the official title of the ordinance. By: n:\legana\as2018\0220\18112 .doc x Supervisor Cohen BOARD OF SUPERVISORS Page 11 FILE NO. 181080 LEGISLATIVE DIGEST
[Administrative Code -African American Arts and Cultural District]
Ordinance amending the Administrative Code to establish the African American Arts and Cultural District in the Bayview Hunters Point neighborhood;  to require City departments to submit written reports and recommendations to the Board of Supervisors and the Mayor describing the cultural attributes of the District, and proposing strategies to acknowledge and preserve the cultural legacy of the District;
and to establish the African American Arts and Cultural District Community Advisory Committee to advise the City on the same matters;  and affirming the Planning Department's determination under the California Environmental Quality Act. Existing Law The Board of Supervisors has recognized five neighborhoods with distinct cultural heritage as
"cultural districts"  in San Francisco.  Chapter 1 07 of the Administrative Code outlines the process by which the Board intends to create new cultural districts in the future. Amendments to Current Law The proposed ordinance would establish the African American Arts and Cultural District in the Bayview Hunters Point neighborhood.  The ordinance sets forth the geographic boundaries of the neighborhood and describes the neighborhood's rich cultural history, including the contributions of African American residents and businesses to the neighborhood's character. The ordinance requires several City departments to prepare and submit reports to the Mayor's Office of Housing and Community Development by July 9, 2019. The reports will assess the assets and needs in the District, and will recommend programs, policies, and funding sources that could benefit the District and preserve its cultural legacy. The ordinance requires six City departments to prepare reports:  the Historic Preservation Commission, the Office of Economic and Workforce Development, the Arts Commission, the Department of Public Works, the Planning Department, and the Human Rights Commission.  After these reports are complete, the Mayor's Office of Housing and Community Development will prepare a Culture, History, Housing, and Economic Sustainability Strategy Report (CHHESS Report).  The CHHESS Report will include a demographic and economic profile of the District, including past, current, and future trends; analyze and record the District's cultural heritage;  identify areas of concern that could inhibit the preservation of the District's unique culture; and propose legislative, economic, and other solutions and strategies to support the District.  By October 8, 2019, the Mayor's Office of Housing and Community Development will submit the report to the Board of Supervisors for the Board's consideration and possible approval. The Mayor's Office of Housing and Community Development will prepare additional progress reports every three years thereafter. BOARD OF SUPERVISORS Page 1 FILE NO. 181080 The ordinance also establishes the African American Arts and Cultural District Community Advisory Committee, a seven-member advisory body with members nominated by the District Supervisor and appointed by the Board of Supervisors.  The Committee will advise the Board of Supervisors, the Mayor, and the Mayor's Office of Housing and Community Development regarding strategies to support and preserve the culture and heritage of the African American Arts and Cultural District, and will provide input to City departments in the preparation of the reports described above. n:\legana\as2018\0220\18113.docx BOARD OF SUPERVISORS Page2