The San Francisco Board of Supervisors meeting on January 23, 2018, covered a wide range of topics, including budget appropriations, zoning and planning code updates, and settlements of various lawsuits. A significant portion of the meeting was dedicated to the appointment of a successor Mayor following a vacancy, which involved extensive public comment and multiple rounds of voting, ultimately leading to the confirmation of Mark Farrell. New legislation was introduced on topics such as immigration legal services, the Reentry Council, and various land use and transportation matters. The board also addressed responses to Civil Grand Jury reports and approved liquor licenses for local businesses. Many actions were related to a handful of high-dollar-value infrastructure projects, specifically regarding Port and Mission Rock. There were discussions on proposed initiative ordinances regarding gross receipts taxes on commercial rents, and they were assigned to the Rules committee, indicating they will likely come up in a later discussion or session.
Consent Agenda
The board approved tax regulation changes for small businesses, sugary drink distributors, CleanPowerSF agreements, and settled several lawsuits.
The board approved Ordinance No. 010-18, amending the Business and Tax Regulations Code to raise minimum filing thresholds for gross receipts tax and payroll expense tax, benefiting small businesses. They also approved Ordinance No. 012-18, sponsored by Supervisor Cohen, amending the Business and Tax Regulations Code to administer the Sugary Drinks Distributor Tax. Furthermore, they approved Ordinance No. 008-18, sponsored by Supervisors Peskin and Fewer, delegating authority to the Public Utilities Commission to enter into agreements for CleanPowerSF. The board also approved settlements for lawsuits filed by Greg Blatman ($225,000), Lai King Tam ($142,500), and Patricia Burley ($100,000), all on the first reading. Resolution No. 016-18 was adopted, approving the settlement of an unlitigated claim by Robin Paul Roderick ($50,000). Finally, Ordinance No. 009-18 was approved, amending the Western Shoreline Area Plan of the General Plan to preserve Ocean Beach, sponsored by Supervisors Tang and Peskin.
Unfinished Business
The board approved the re-appropriation of funds for lease and tenant improvement costs at 170-9th Street for the Department of Homelessness and Supportive Housing, renovating a building at 440 Turk Street.
Ordinance No. 011-18, sponsored by the Mayor, was finally passed, re-appropriating $4,093,100 for lease and tenant improvement costs at 170-9th Street, intended for the renovation of the building at 440 Turk Street for the Department of Homelessness and Supportive Housing in FY2017-2018.
New Business
The board discussed and approved appropriations for the Recreation and Park Department, San Francisco Municipal Transportation Agency (SFMTA), Public Works, and cannabis smoking permits, along with accepting grants and agreements for various departments.
The board passed on the first reading an ordinance appropriating $11,048,767 to the Recreation and Park Department for Geneva Car Barn and Powerhouse capital improvements (File No. 171245, sponsored by Supervisor Safai), pending receipt of a state grant and documentation of investments. They also passed on the first reading an ordinance appropriating $177,000,000 of proceeds from General Obligation Bonds for SFMTA's street and transit projects (File No. 171248, sponsored by the Mayor), pending receipt of proceeds of indebtedness. Additionally, they passed on the first reading an ordinance appropriating $76,710,000 from the 2012 Clean and Safe Neighborhood Parks General Obligation Bond to the Recreation and Park Department for park renovations (File No. 171249, sponsored by the Mayor), pending receipt of proceeds of indebtedness. An ordinance appropriating $300,000 of cigarette litter abatement fees to Public Works for street cleaning (File No. 171282, sponsored by the Mayor and Supervisor Peskin) and an ordinance amending the Health Code to impose an annual license fee of $1,200 for Cannabis Smoking Consumption permits (File No. 171311, sponsored by the Mayor) were also passed on the first reading. Resolution No. 010-18 was adopted, authorizing the Recreation and Park Department to accept and expend a $15,000,000 grant from the San Francisco Parks Alliance for playground renovations. Resolution No. 012-18 was adopted, accepting the Mental Health Services Act Assignment and Assumption Agreement Loan for the Willie B. Kennedy senior housing development, totaling $300,000. Resolution No. 013-18 was adopted, retroactively authorizing the Department of Public Health to accept and expend a $7,346,756 grant from the San Francisco General Hospital Foundation for the Zuckerberg Patient Care Quality Improvement Fund. Resolution No. 014-18 was adopted, fixing prevailing wage rates for various workers performing work under City contracts. Resolution No. 015-18 was adopted, authorizing the execution of a Second Amendment to the Ground Lease for Rich Sorro Commons, an affordable housing development. Resolutions No. 017-18 and 018-18 were adopted, authorizing the sale of General Obligation Bonds for Transportation and Road Improvement ($177,000,000) and Clean and Safe Neighborhood Parks ($76,710,000), respectively. Resolution No. 019-18 was adopted, approving an emergency declaration for the repair and servicing of the Tesla Treatment Facility Flywheel Uninterruptible Power Supply Units, costing up to $322,548. Finally, Resolution No. 020-18 was adopted, approving the acquisition of real property at 700-730 Stanyan Street from McDonald’s Corporation for $15,500,000 for affordable housing.
New Business
The board approved responses to Civil Grand Jury reports on government performance and the retirement system.
Motion No. M18-004 was approved, responding to the Civil Grand Jury's request for a status update on the Board of Supervisor’s response to recommendations in the 2016-2017 Civil Grand Jury Report, entitled “Accelerating SF Government Performance - Taking Accountability and Transparency to the Next Level.” Motion No. M18-005 was also approved, responding to the Civil Grand Jury’s request for a status update on the Board of Supervisor’s response to Recommendation No. R2.2 contained in the 2016-2017 Civil Grand Jury Report, entitled “The San Francisco Retirement System - Increasing Understanding and Adding Voter Oversight.”
New Business
The board approved amending the Planning Code regarding gross floor area definitions, Article 8 corrections, and the Mission Street Neighborhood Commercial Transit District, along with interim zoning controls for Supervisorial District 11.
The board passed on the first reading an ordinance amending the Planning Code to revise the definition of Gross Floor Area (File No. 171096). An ordinance amending the Planning Code to correct typographical errors, clarify nighttime entertainment restrictions, and update inclusionary affordable housing requirements (File No. 171097) and an ordinance amending the Planning Code to prohibit Non-Retail Professional Services uses, limit lot mergers, and allow Arts Activities and Catering uses within the Mission Street Neighborhood Commercial Transit District (File No. 171173, sponsored by Supervisor Ronen) were also passed on the first reading. Resolution No. 011-18 was adopted, imposing interim zoning controls in the Excelsior Outer Mission Neighborhood Commercial District and areas in Supervisorial District 11 to require Conditional Use authorization for certain new Uses.
New Business
The board approved liquor licenses for City Club and City Beer Store.
Resolution No. 008-18 was adopted, determining that the transfer of a Type-48 liquor license to La Ciudad Club, dba City Club, at 2919-16th Street will serve public convenience, recommending conditions on the license. Resolution No. 009-18 was adopted, determining that the transfer of a Type-42 liquor license to City Beer Store, LLC, at 1148-1150 Mission Street will serve public convenience, also recommending conditions on the license.
New Business
The board discussed and approved a motion to continue the Indigenous Peoples Day ordinance to a later date, but the motion failed, and the ordinance passed its first reading.
Supervisor Peskin moved to continue the ordinance amending the Administrative Code to declare the second Monday in October to be Indigenous Peoples Day (File No. 171138, sponsored by Supervisor Cohen) to the Board of Supervisors meeting of January 30, 2018. The motion failed, and the ordinance passed on the first reading.
New Business
The board continued discussions on charter amendments regarding appointed board members, commissioners seeking elective office, and the Retirement Board to a later date.
Supervisor Peskin moved to continue the Charter Amendment regarding appointed board members and commissioners seeking elective office (File No. 171306, sponsored by Supervisors Peskin, Kim, Safai and Yee) and the Charter Amendment regarding the Retirement Board (File No. 171307, sponsored by Supervisor Peskin) to the Board of Supervisors meeting of January 30, 2018. Both motions carried.
Remarks
The board recognized and presented Certificates of Honor to organ and tissue donors and Jose Pepe Gonzalez.
Supervisor Tang introduced and presented Certificates of Honor to organ and tissue donors, including the late Mayor Edwin Lee, Louis Joseph Boss, Charles Alexander McLeran, and Lisa M. Coleman. Supervisor Ronen presented a Certificate of Honor to Jose Pepe Gonzalez for his community support.
Committee of the Whole
The board continued hearings and legislation related to Project Area I (Mission Rock) and the Mission Bay South Redevelopment Plan to a later date.
The board, sitting as a Committee of the Whole, continued the hearing and associated legislation related to Project Area I (Mission Rock) of Infrastructure Financing District No. 2 (File No. 171247), Ordinance No. 171314, and Resolution No. 171315 to the Board of Supervisors meeting of February 13, 2018. They also continued the hearing and legislation related to amendments to the Mission Bay South Redevelopment Plan (File No. 171312 and Ordinance No. 171280) to the same date.
Committee of the Whole
The board convened as a Committee of the Whole to discuss and nominate a successor Mayor, ultimately confirming Mark Farrell after multiple rounds of voting and significant public comment.
The board convened as a Committee of the Whole to discuss and nominate a successor Mayor (File No. 180061). Public comment was heard, with many supporting President London Breed, Rod Conway, Art Agnos, Tom Ammiano, Naomi Kelly or a caretaker successor Mayor. Supervisor Cohen nominated President London Breed, who accepted. Supervisor Yee nominated Supervisor Mark Farrell, who accepted. Supervisor Fewer nominated Supervisor Jane Kim, who declined. In the first round of voting, the motion to select President London Breed failed. The motion to select Supervisor Mark Farrell carried. The board recessed due to disorderly conduct and reconvened. A motion to rescind the selection of Supervisor Mark Farrell carried. A second motion to select Supervisor Mark Farrell carried. The recommended nomination was forwarded to the full Board. Motion No. M18-009 was approved, directing the Clerk of the Board of Supervisors to propose a process for nominating and selecting a successor Mayor. Motion No. M18-007 was approved as amended, approving the process for nominating and selecting a successor Mayor, requiring nominees to be present and state their acceptance or rejection. Motion No. M18-008 was approved, convening the Board as a Committee of the Whole. A motion to amend Motion No. M18-010 to confirm Mark Farrell as the successor Mayor carried. Finally, Motion No. M18-010 was approved as amended, confirming Mark Farrell as the successor Mayor.
Public Testimony
Members of the public expressed concerns regarding Citywide Case Management, police officer threats, and immigration, as well as differing opinions on appointing a successor Mayor.
Numerous speakers offered public comment. Wynship W. Hillier expressed concerns regarding Citywide Case Management. A speaker raised concerns about the District Attorney and threats by a certain police officer. Several speakers expressed support for legislation regarding immigration legal services. Many speakers voiced support for the Motion to sit as a Committee of the Whole to discuss the appointment of a successor Mayor, with differing opinions on whether to appoint a caretaker successor Mayor. Other speakers raised concerns about Tasers for police officers, the Public Library and privacy, and the treatment of the disenfranchised.
Legislation Introduced
New legislation was introduced, including ordinances on the Reentry Council, immigration legal services, nonconforming self-storage use, the Transbay Rooftop Park, mayoral appearances, transportation agency decisions, electric vehicle charging stations, and resolutions on a two-year budget cycle, the Mission Rock Project, a street name change, a real property lease, and support for the Winter Olympics and Enoch Yee-Ching Fung Day.
Ordinance No. 180081 was introduced, amending the Administrative Code to change the eligibility age for the Reentry Council. Ordinances No. 180084 and 180085 were introduced, amending the Annual Salary Ordinance and appropriating funds for immigration legal services. Ordinance No. 180086 was introduced, amending the Planning Code regarding nonconforming self-storage use. Ordinance No. 180087 was introduced, amending the Park and Health Codes for the Transbay Rooftop Park. Ordinance No. 180088 was introduced, amending the Administrative Code regarding mayoral appearances at the Board of Supervisors. Ordinance No. 180089 was introduced, amending the Transportation Code regarding Board of Supervisors review of transportation agency decisions. Ordinance No. 180090 was introduced, amending the Building Code for expedited electric vehicle charging station permits. Resolution No. 180091 was introduced, adopting a fixed two-year budget for various departments. Resolutions No. 180092, 180093, 180094, and 180095 were introduced, concerning the Mission Rock Project. Resolution No. 180096 was introduced, changing a street name to "Sam Jordan’s Way." Resolution No. 180097 was introduced, concerning a real property lease at Hunters View. Resolutions No. 180098 and 180099 were introduced, declaring support for the Winter Olympics and Enoch Yee-Ching Fung Day, respectively. Resolution No. 180100 was introduced, accepting and expending grant funds for energy efficiency program implementation.
Legislation Introduced
Hearings were requested for initiative ordinances on additional gross receipts taxes on commercial rents and the Cannabis State Legalization Task Force Year II Report.
Hearings were requested for initiative ordinances on additional gross receipts taxes on commercial rents (File Nos. 180075 and 180076). A hearing was also requested for the Cannabis State Legalization Task Force Year II Report (File No. 180101).
Legislation Introduced
Proposed ordinances were received from departments regarding settlements of various lawsuits and a summary street vacation.
Proposed ordinances were received from departments regarding settlements of lawsuits filed by Mikaela Anna Merchant (File No. 180023), Cesar and Fe Ponferrada (File No. 180024), Rizaldi Gache (File No. 180025), Donald Spadini (File No. 180026), David Zeller (File No. 180027), David Alfaro and Jessica Alfaro (File No. 180028), Baikonur 1701 LLC (File No. 180029), and Elyse Duckett (File No. 180030). An ordinance was also received regarding a summary street vacation (File No. 180031). A final Department-submitted proposed ordinance regarded settling a lawsuit with MBIA Inc. (180068).
Legislation Introduced
Proposed resolutions were received from departments regarding contract amendments, real property lease renewals, and site license agreement amendments.
Proposed resolutions were received from departments regarding a contract amendment with Allied Universal Security (File No. 180069), a real property lease renewal and amendment with BRCP 1390 Market, LLC (File No. 180070), and a site license agreement amendment with TriStar Investors LLC (File No. 180071).