The San Francisco Board of Supervisors meeting on January 28, 2020, addressed a wide range of topics, including budget appropriations for city agencies like the Airport and Public Utilities Commission, settlement of numerous lawsuits, and the renewal of the Noe Valley Community Benefit District. The board also considered ordinances related to energy efficiency standards and public health initiatives, and discussed legislative matters such as HIV planning and support for state legislation. Public testimony covered issues ranging from corruption to City College class cuts.
Consent Agenda
Approval of an ordinance related to the electrification of municipal facilities.
The board considered an ordinance amending the Environment Code to require all-electric energy sources for new construction and major renovations of municipal buildings, excluding natural gas. This included affirming the Planning Department’s determination under the California Environmental Quality Act. This ordinance was finally passed.
Consent Agenda
Approval of multiple ordinances related to settlement of lawsuits.
The Board reviewed and approved several ordinances related to settling lawsuits against the City and County of San Francisco. These included settlements for: PJ Dayacamos ($57,500) for an employment dispute; Tureko Straughter and K.R., a minor ($160,000) for alleged civil rights violations; Scanvinski Jerome Hymes ($35,000) for alleged excessive force and personal injuries by Sheriff’s deputies; Claudia High-Matthews ($40,000) for a personal injury on a City sidewalk; Peggy Ung ($50,000) for a personal injury on a City sidewalk; Katherine Cantwell ($150,000) for a vehicle versus pedestrian collision; Kellan Dunn ($45,000) for an employment dispute; Rosa Rivera Keel ($75,000) for a personal injury on a City crosswalk; William Maier ($198,000) for an employment dispute; Tiffany Cross, Tiana Reddic, Arron Mathews, Acacia McNeal, Shalonda Adams, Crystal Anthony, and Darlene Rouse ($225,000) for alleged civil rights violations; and Luz de Verano Cervantes ($49,500) for a personal injury from a motor vehicle collision. These were all passed on first reading.
Consent Agenda
Approval of an ordinance related to Yosemite Slough Sediment Site cleanup and related funding.
The Board discussed and approved an ordinance amending the 2016 settlement related to the United States Environmental Protection Agency’s (EPA) unlitigated claim against the City and County of San Francisco regarding the Yosemite Slough Sediment Site. The amendment addressed EPA's claims for additional pre-design technical studies, requiring the City to perform two studies at an estimated cost of $821,839. The ordinance also appropriated $821,839 from the Public Utilities Commission Wastewater Enterprise fund balance for payment of costs. This was passed on first reading.
Consent Agenda
Approval of resolutions related to settlement of unlitigated claims.
The Board approved resolutions settling unlitigated claims filed by Spotify USA Inc. ($217,290.29) for a refund of payroll expense and gross receipts taxes, penalties, and interest; Clinton Bailey ($49,076.68) for an employment dispute; and Ho Tan and Lionel Tan ($47,000) for flooding damage during major rainstorms. These were all adopted.
Unfinished Business
Declaration of results and authorization of bonded indebtedness related to Special Tax District No. 2019-1 (Pier 70 Condominiums).
The Board declared the results of the special election for Special Tax District No. 2019-1 (Pier 70 Condominiums), noting 100% approval. They directed recordation of the notice of special tax lien and authorized and ratified the issuance and sale of bonded indebtedness and other debt in an aggregate principal amount not to exceed $1,697,600,000. The resolution was adopted, and the ordinance levying special taxes within the district was passed on first reading.
Unfinished Business
Declaration of results and authorization of bonded indebtedness related to Special Tax District No. 2019-2 (Pier 70 Leased Properties).
The Board declared the results of the special election for Special Tax District No. 2019-2 (Pier 70 Leased Properties), noting 100% approval. They directed recordation of the notice of special tax lien and authorized and ratified the issuance and sale of bonded indebtedness and other debt in an aggregate principal amount not to exceed $1,841,600,000. The resolution was adopted, and the ordinance levying special taxes within the district was passed on first reading.
New Business
Approval of the issuance of San Francisco International Airport Second Series Revenue Bonds.
The Board approved the issuance of up to an additional $3,000,000,000 aggregate principal amount of San Francisco International Airport Second Series Revenue Bonds to finance and refinance Airport Capital Plan projects. The Board also ratified and confirmed certain Resolutions of the Board and the Airport Commission related to the foregoing. This was adopted.
New Business
Approval of appropriation from revenue bonds proceeds for capital improvement projects for the Airport Commission.
The Board reviewed and passed on first reading an ordinance appropriating $3,888,069,311 of proceeds from the sale of revenue bonds or commercial paper for capital improvement projects to the Airport Commission for FY2019-2020, and placing this amount on the Controller’s Reserve pending receipt of proceeds of indebtedness.
New Business
Approval of appropriation and re-appropriation in Port Revenue Bond Refunding Proceeds.
The Board discussed appropriating $29,978,864 of one or more series of bond refunding proceeds, de-appropriating $1,920,024 of revenue bonds, Series 2010A and Series 2010B, and re-appropriating $31,898,888 of refunding revenue bonds, Series 2020A and Series 2020B. Also approving the issuance of Port Commission of the City and County of San Francisco Refunding Revenue Bonds, Series 2020, in an aggregate principal amount not to exceed $27,000,000 to refund outstanding Series 2010A and Series 2010B revenue bonds of the Port. This was passed on first reading.
New Business
Approval of agreements for CleanPowerSF electricity purchase and delegation of authority to Public Utilities Commission.
The Board approved an ordinance delegating authority under Charter, Section 9.118, to the General Manager of the Public Utilities Commission to enter into agreements with terms in excess of ten years or requiring expenditures of $10,000,000 or more for power and related products and services required to supply San Francisco’s community choice aggregation program, CleanPowerSF, subject to specified conditions. This was passed on first reading.
New Business
Approval of de-appropriation and re-appropriation in Hetch Hetchy Power for the Power Asset Acquisition Analysis Project.
The Board approved an ordinance de-appropriating $10,369,224 of capital projects appropriations and re-appropriating $10,369,224 in Hetch Hetchy Power for the Power Asset Acquisition Analysis Project of the Public Utilities Commission for FY2019-2020. This was passed on first reading.
New Business
Approval of appropriation from the General Reserve to support City College of San Francisco.
The Board approved an ordinance appropriating $2,700,000 of the General Reserve to support City College of San Francisco class reinstatement, upon condition of an executed agreement for this use in FY2019-2020. This was passed on first reading.
New Business
Approval of real property acquisition for highway offramp improvements near Third Street and Meade Avenue.
The Board approved an ordinance authorizing the Director of Property to acquire and accept the State of California’s relinquishment of all its right, title, and interest in the sidewalk, roadway, and other right-of-way improvements and real property comprising a portion of State Highway Route 101 located northeast of the Bayshore Boulevard overcrossing and southwest of the intersection of Third Street and Meade Avenue. This was passed on first reading.
New Business
Approval of grant agreement amendments related to early care and education integrated services with the Children's Council of San Francisco and Wu Yee Children’s Services.
The Board approved a first amendment to the grant agreement between the City and County of San Francisco and Children’s Council of San Francisco, for the provision of Early Care and Education Integrated Services to support the City’s implementation of the San Francisco Citywide Plan For Early Care and Education to increase the amount by $178,410,733 for a total grant amount of $376,052,445 and to extend the grant period by two years for a total period of July 1, 2017, through June 30, 2022. The Board also approved a second amendment to the grant agreement between the City and County of San Francisco and Wu Yee Children’s Services for the provision of Early Care and Education Integrated Services to support the City’s implementation of the San Francisco Citywide Plan For Early Care and Education, to extend the term up to two years for a total term of July 1, 2017, to June 30, 2022, and to increase the grant amount by $36,251,054 resulting in a revised total grant amount of $75,810,088 to commence following Board approval. These were both adopted.
New Business
Approval of grants for Merced Heights Park, India Basin 900 Innes Remediation and Park Development Project, and Pit Stop Public Toilet Program.
The Board retroactively authorized the Recreation and Park Department to accept and expend a Local Assistance Specified Grant in the amount of $1,329,000 from the California Department of Parks and Recreation to support capital improvements to Merced Heights Park; and enter into an agreement with the California Department of Parks and Recreation for the receipt of $1,329,000 for the Merced Heights Park for the period of July 1, 2019, through June 30, 2022. The Board also retroactively authorized the Recreation and Park Department to accept and expend a grant in the amount of $4,000,000 from the California State Controller’s Office for the India Basin 900 Innes Remediation and Park Development Project for the period of July 1, 2019, through December 31, 2020. The resolution to retroactively authorize Public Works to accept and expend a grant of up to $257,500 from the San Francisco Bay Area Rapid Transit District (BART) for the Pit Stop Public Toilet Program for the period of July 1, 2019, through June 30, 2020 was continued to the Board of Supervisors meeting of February 4, 2020. These were adopted.
New Business
Approval of a fixed two-year budget for multiple city departments.
The Board adopted a fixed two-year budgetary cycle for the following various City departments: Airport; Port; and Public Utilities Commission; defining terms, and setting deadlines. This was adopted.
New Business
Approval of Modification No. 9 to Airport Contract No. 10010.41.
The Board approved Modification No. 9 to Airport Contract No. 10010.41, Project Management Support Services for the San Francisco International Airport, Terminal 1, New Boarding Area B Project, with T1 Cubed, a Joint Venture consisting of WSP USA Inc. and AGS, Inc., to increase the contract amount by $9,000,000 for a new not to exceed amount of $38,500,000 for services, and extending the term by one year from May 31, 2021, to May 31, 2022. This was adopted.
New Business
Approval of a performance contract agreement with the California Department of Health Care Services.
The Board retroactively authorized the Department of Public Health, Community Behavioral Health Services, to enter into Performance Contract No. 18-95270, with the California Department of Health Care Services, incorporating the Mental Health Services Act, Lanterman-Petris-Short Act, Projects for Assistance in Transition from Homelessness, Community Mental Health Services Block Grant, and Crisis Counseling Assistance and Training Program for the period of July 1, 2018, through June 30, 2021. This was adopted.
New Business
Approval of grant from the Centers for Disease Control and Prevention (CDC) to participate in "Component B: Accelerating State and Local HIV Planning to End the HIV Epidemic."
The Board retroactively authorized the Department of Public Health to accept and expend a grant in the amount of $375,000 from the Centers for Disease Control and Prevention (CDC) to participate in a program, entitled “Component B: Accelerating State and Local HIV Planning to End the HIV Epidemic,” for the period of September 30, 2019, through September 29, 2020. This was adopted.
New Business
Approval of an agreement with the Owners' Association for the administration/management of the Downtown Community Benefit District.
The Board approved an agreement with the nonprofit Owners' Association for administration/management of the established property-based Community Benefit District known as the “Downtown Community Benefit District,” pursuant to the California Streets and Highways Code, Section 36651, for a period commencing upon Board approval, through June 30, 2034. This was adopted.
New Business
Approval of a motion to direct the Budget and Legislative Analyst to conduct a performance audit of the Ethics Commission.
The Board approved a motion directing the Budget and Legislative Analyst to conduct a performance audit in FY2019-2020 of the Ethics Commission, as a priority.
New Business
Approval of an ordinance amending the Health Code related to Sugar-Sweetened Beverage Warning for Advertisements.
The Board approved an ordinance amending the Health Code by amending the Sugar-Sweetened Beverage (SSB) Warning Ordinance to 1) update the statement of findings and purpose; 2) revise the definition of Advertiser; 3) reduce the required warning size; 4) modify the required warning text; 5) require use of a translated version of the warning text on certain SSB advertisements in languages other than English; 6) remove exemptions for certain types of SSB advertisements; and 7) revise the enforcement provisions. This was passed on first reading.
New Business
Approval of various appointments to committees.
The board approved the following appointments: Shawn Richard to the Cannabis Oversight Committee, Ettore Leale to the Public Utilities Revenue Bond Oversight Committee, Kim-Shree Maufas to the Eastern Neighborhoods Community Advisory Committee, Win-Mon Kyi and Conny Ford to the Free City College Oversight Committee, and Patrick Roddy (residency requirement waived) to the Park, Recreation and Open Space Advisory Committee.
Remarks
Recognition of Commendations.
The Board presented Certificates of Honor to Jorge William Bermudez (Rancho Grande Appliance), Kate Murphy Shuton (Department of Public Health), Officer Stephen Hom (San Francisco Police Department), Mary Howe (Homeless Youth Alliance), and Jenny Friedenbach (Coalition on Homelessness).
Committee of the Whole
Hearing regarding the renewal of a property-based business improvement district known as the Noe Valley Community Benefit District.
The Board, sitting as a Committee of the Whole, held a hearing to consider the renewal of a property-based business improvement district known as the Noe Valley Community Benefit District. Several members of the public spoke in support of the community benefit district. The Committee of the Whole adjourned and reconvened as the Board of Supervisors.
New Business
Approval of resolution to renew the Noe Valley Community Benefit District.
The Board approved a resolution to renew the property-based business improvement district known as the “Noe Valley Community Benefit District,” ordering the levy and collection of assessments against property located in that district for 15 years commencing with FY2020-2021. The returned weighted ballots voting for the Noe Valley Community Benefit District was 75.90%, and the returned weighted ballots voting against the Noe Valley Community Benefit District was 24.10%, further indicating there was no majority protest.
Hearing
Hearing regarding an appeal of determination of exemption from environmental review for the SFMTA Page Street Bikeway Improvements Pilot Project.
The Board held a hearing regarding an appeal of the determination of exemption from environmental review for the San Francisco Municipal Transportation Agency's proposed Page Street Bikeway Improvements Pilot Project. The Board voted to continue the hearing and associated motions to the next Board meeting on February 4, 2020, due to an oversight that caused an inadequate noticing period for this matter.
New Business
Approval of an ordinance amending the Planning Code related to Jackson Square Special Use District.
The Board approved an ordinance amending the Planning Code to allow authorization of a Limited Restaurant use in the Jackson Square Special Use District that does not comply with the current requirements for a Limited Restaurant use if a building permit application furthering the establishment of such use was filed by July 19, 2018. The motion also included striking all references to a Planning Commisison Resolution that adopted findings; and by adding the Board of Supervisors' General Plan findings, Planning Code Section 101.1 findings, and Planning Code Section 302 findings of public necessity, convenience, and welfare. This was passed on first reading as amended.
New Business
Approval of resolution determining that the transfer of a liquor license to Lions Den at 57 Wentworth Place will serve the public convenience or necessity.
The Board approved a resolution determining that the transfer of a Type-48 on-sale general public premises liquor license to Lions Den Ventures LLC, doing business as Lions Den, located at 57 Wentworth Place (District 3), will serve the public convenience or necessity of the City and County of San Francisco; and requesting that the California Department of Alcoholic Beverage Control impose conditions on the issuance of the license.
Public Testimony
Public Comment on various issues.
Members of the public spoke on issues of corruption in San Francisco, class cuts at City College of San Francisco, various historical remembrances of the City and County of San Francisco, issues of corruption within neighborhood associations in San Francisco, issues of nursing care in Department of Public Health facilities, and a resolution supporting the Schools and Local Communities Funding Act of 2020 (File No. 200047).
New Business
Approval of a resolution supporting California State Assembly Bill No. 1909 (Gonzalez) - Healing Arts Licensees: Virginity Examinations or Tests.
The board supported California State Assembly Bill No. 1909, authored by Assembly Member Lorena Gonzalez, which would ban virginity examinations or tests and penalize any medical practitioner who performs or supervises these medically meritless pelvic exams. This was adopted.
New Business
Approval of Parcel Map 9640 - 1629 Market Street Project.
The board approved a resolution for a merge and four-lot subdivision at portions of the 1629 Market Street Project while acknowledging findings pursuant to the General Plan, and the eight priority policies of Planning Code, Section 101.1. This was adopted.
New Business
Approval of resolution supporting the proposed California ballot measure, Schools and Local Communities Funding Act of 2020.
The board approved a resolution supporting the Schools and Local Communities Funding Act of 2020, that may bring revenue to the City and County of San Francisco, San Francisco Unified School District, and City College of San Francisco. This was adopted.
Legislation Introduced
Ordinances Introduced for Future Consideration.
The board introduced an ordinance amending the General Plan regarding height and bulk designations for portions of the 542-550 Howard Street project site, Assessor’s Parcel Block No. 3721. Lot Nos. 016, 135, 136, and 138, also known as Transbay Parcel F (Transbay Parcel F Project). The board also introduced an ordinance amending the Administrative Code delegating authority from the Board of Supervisors to the Controller under California Government Code, Section 25259.5, to grant applications for discharge from accountability filed by the Tax Collector for the collection of any delinquent taxes on unsecured property. (Administrative Code - Delegating Authority for Applications for Discharge from Accountability for Taxes on Unsecured Property) The board also introduced an ordinance authorizing settlement of the lawsuit filed on behalf of the City and County of San Francisco and five other counties against Families First, Inc. for $189,884.63; the lawsuit was filed on July 22, 2014, in Alameda County Superior Court, Case No. RG14733912 (Settlement of Lawsuit - Families First, Inc. - City to Receive $189,884.63).
Legislation Introduced
Resolutions Introduced for Future Consideration.
The board introduced a resolution approving Modification No. 2 to Ground Lease L00-0464, between the City and County of San Francisco, acting by and through its Airport Commission, and United Airlines, Inc., for the exchange of certain land at Plot 6 at San Francisco International Airport in support of the Plot 6 Reconfiguration Project, decreasing the annual rent payable by United by $95,297.07 to an approximate total of $2,243,041.43 (Ground Lease Modification - United Airlines, Inc. - Exchange of Certain Land - Plot 6 Reconfiguration Project - Decrease Annual Rent to $2,243,041.43). The board also introduced a resolution authorizing the General Manager of the San Francisco Public Utilities Commission to execute an Agreement with HDR Engineering, Inc. for planning, design, and possibly engineering support, with an agreement amount not to exceed $11,000,000 with a term not to exceed 11 years (Agreement - HDR Engineering, Inc. - Specialized and Technical Services for Natural Resources and Watershed Management and Monitoring - Not to Exceed $11,000,000). Finally, a resolution authorizing the General Manager of the San Francisco Public Utilities Commission to execute Agreement No. PRO.0138.C with AECOM Technical Services, Inc. for planning, design, and possibly engineering support with an agreement amount not to exceed $11,000,000 with a term not to exceed 11 years was also introduced (Agreement - AECOM Technical Services, Inc. - Specialized and Technical Services for Natural Resources and Watershed Management and Monitoring - Not to Exceed $11,000,000).