Imperium

San Francisco County

Meeting on Budget, Housing, Public Safety, and Land Use Initiatives

The San Francisco Board of Supervisors meeting on January 29, 2019, covered a broad range of topics including budget approvals, housing initiatives, public safety concerns, and land use planning. The board approved several ordinances and resolutions related to banner fees, grant acceptance, legal settlements, and property tax refunds. They also discussed and passed measures addressing special taxes in Central SoMa, amendments to the Planning Code for HOME-SF projects and cannabis retail conversions, and harassment prevention training for city employees. New business included authorization for Public Utilities Commission grant agreements, housing development funding, airport services agreements, bond issuance, and public health grants. A public hearing was held on street vacation and easements for the Sunnydale HOPE SF Project. The board continued hearings related to a proposed project at 3637-3657 Sacramento Street and recognized the Bayanihan Equity Center and Ann Dorman for their contributions to the community. A closed session was held to discuss litigation with Pacific Gas and Electric Company.

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Consent Agenda

The board approved several ordinances and resolutions related to banner fees, grant acceptance, legal settlements, and property tax refunds.

The Board approved recommendations from the Budget and Finance Committee, including Ordinance No. 014-19, retroactively waiving banner fees for the Alzheimer's Association's 2018 Walk to End Alzheimer's. Ordinance No. 017-19 was approved, retroactively authorizing the Department on the Status of Women to accept and expend a $750,000 grant for a domestic violence high-risk program and amending the Annual Salary Ordinance to add a grant-funded part-time position. Ordinance No. 020-19 was approved, authorizing the installation of banners by APA Family Support Services and waiving associated fees. From the Government Audit and Oversight Committee, the board passed on the first reading an ordinance authorizing settlement of a lawsuit with Sentinel Insurance Company, Ltd. for $600,000 related to alleged damage from a Public Utilities Commission pipe, and another approving settlement of unlitigated claims filed by Sherry Jackson for $105,000 due to sewer flooding. They also adopted Resolution No. 048-19, approving the settlement of an unlitigated claim filed by Jeffrey K. Schalk for $43,719.45 due to sewer flooding, Resolution No. 049-19, approving the settlement of an unlitigated claim filed by Veritas-B Mezz 1, LLC for $2,035,769 related to an alleged overpayment of transfer tax, and Resolution No. 050-19, approving the settlement of an unlitigated claim filed by CDC San Francisco LLC for $1,413,017.47 plus statutory interest, related to a refund of property taxes. All items passed with a unanimous vote of 11-0.

Unfinished Business

The board approved ordinances related to special taxes in Central SoMa and amendments to the Planning Code for HOME-SF projects and cannabis retail conversions.

The board took up unfinished business, starting with Ordinance No. 021-19, levying special taxes within City and County of San Francisco Special Tax District No. 2018-1 (Central SoMa), which was FINALLY PASSED with a unanimous vote of 11-0. Next, they considered recommendations from the Land Use and Transportation Committee, including Ordinance No. 015-19, amending the Planning Code to require additional findings for HOME-SF project authorizations, extending the application deadline, and amending the fee for Affordable Housing Bonus Program projects, which was also FINALLY PASSED with a unanimous vote. They also considered Ordinance No. 016-19, amending the Planning Code to allow Medical Cannabis Dispensaries (MCDs) with approvals to convert to Cannabis Retail Uses under certain conditions, and after initially passing it, the board rescinded the previous vote and then duplicated the ordinance as File No. 190108. Supervisor Safai requested this be duplicated. The duplicated File No. 190108 was then referred to the Land Use and Transportation Committee.

Unfinished Business

The board approved general plan amendments and rezoning for properties on Mission Street, and harassment prevention training for city employees.

The board approved a series of ordinances related to properties on Mission Street. Ordinance No. 018-19 amended the General Plan to revise Map 1 of the Downtown Area Plan to include 1650, 1660, 1670 and 1680 Mission Street. Ordinance No. 019-19 amended the General Plan to revise Map 1 of the Market and Octavia Area Plan to change the designation of the same properties. Finally, Ordinance No. 012-19 amended the Planning Code by revising the Zoning Map to rezone the properties. All three ordinances passed unanimously. From the Rules Committee, Ordinance No. 013-19 was approved, amending the Administrative Code to require City employees to complete harassment prevention training annually, and mandating the posting of related information on the DHR and Department on the Status of Women websites.

New Business

The board approved amendments and first readings for ordinances related to Public Utilities Commission grant agreements and housing development funding.

The board moved into new business, beginning with recommendations from the Budget and Finance Committee. Ordinance No. 181113, authorizing grant agreements under the Public Utilities Commission Green Infrastructure Grant Program, was amended on a motion by Supervisor Peskin to require commission approval of grant agreements and to add specific reporting requirements with a sunset date, before being PASSED ON FIRST READING AS AMENDED with a unanimous vote of 11-0. Ordinance No. 181209, appropriating $75,000,000 of proceeds from the Seismic Safety Retrofit and Affordable Housing Loan Program General Obligation Bond, Series 2019A, to the Mayor’s Office of Housing and Community Development, was PASSED ON FIRST READING with a unanimous vote.

New Business

The board approved resolutions modifying airport services agreements, authorizing bond issuance, and applying for grants for housing development, as well as approving a grant agreement for supportive housing services.

The board next considered Airport Commission matters, adopting Resolution No. 046-19, approving Modification No. 5 to Airport Contract No. 8838 with Bombardier Transportation (Holdings) USA, Inc. for AirTrain Operation and Maintenance, and Resolution No. 047-19, approving Modification No. 4 to Contract No. 10401.45 with Hill International, Inc. for Capital Program Support Services for the Airport Capital Improvement Program. The board also considered matters related to bond issuance. Resolution No. 034-19 was ADOPTED, providing for the issuance of not to exceed $260,684,550 aggregate principal amount of City and County of San Francisco General Obligation Bonds (Proposition A, 1992/Proposition C, 2016). Resolution No. 035-19 was ADOPTED, authorizing the issuance and sale of not to exceed $75,000,000 aggregate principal amount of City and County of San Francisco Taxable General Obligation Bonds (Social Bonds - Affordable Housing, 2016), Series 2019A. Resolution No. 037-19 ADOPTED authorizing the Mayor’s Office of Housing and Community Development on behalf of the City and County of San Francisco to execute a grant application with Balboa Park Housing Partners, L.P., for the project at 2340 San Jose Avenue. Resolution No. 038-19 ADOPTED authorizing the Mayor’s Office of Housing and Community Development on behalf of the City and County of San Francisco to execute a grant application with Turk 500 Associates, L.P., for the project at 500 Turk Street. Resolution No. 039-19 ADOPTED authorizing the Treasure Island Development Authority (“Authority”), on behalf of the City and County of San Francisco, to execute a grant application, with Mercy Housing California for the affordable housing project at Treasure Island Parcel C3.1 Resolution No. 052-19 ADOPTED approving a grant agreement with Tenderloin Housing Clinic for supportive housing services for formerly homeless adults for a term of July 1, 2014, through June 30, 2020, in an amount not to exceed $117,285,186

New Business

The board approved resolutions related to debt management, public health grants, zoning controls in the Downtown Retail District, and liquor licenses.

The board then moved on to resolutions, starting with Resolution No. 053-19, ADOPTED approving the Controller's Office of Public Finance debt management policy and procedures to manage the debt issuance process. Resolution No. 055-19 was ADOPTED, retroactively authorizing the Department of Public Health to accept and expend a grant increase of $147,023 for a total amount of $554,425 from California Department of Public Health to participate in a program, entitled “Core STD Program Management". From the Land Use and Transportation Committee, an ordinance amending the Planning Code to change zoning controls for Non-Retail Sales and Service Uses in the C-3-R (Downtown Retail) Zoning District; amending the Planning and Administrative Codes to create the Union Square Park, Recreation, and Open Space Fund and Fee; affirming Planning Department’s determination under the California Environmental Quality Act; making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1; and making findings of public necessity, convenience, and welfare pursuant to Planning Code, Section 302. It was PASSED ON FIRST READING. The board then considered resolutions related to liquor licenses, with Supervisor Mar being noted absent at 2:51 PM and present at 2:53 PM. Resolution No. 041-19 was ADOPTED, determining that the transfer of a liquor license to Garfield Beach CVS will not serve the public convenience or necessity of the City and County of San Francisco. Resolution No. 042-19 ADOPTED determining that the issuance of a liquor license to 1and8 Inc., doing business as the Museum of Ice Cream, will not serve the public convenience or necessity of the City and County of San Francisco.

New Business

The board approved resolutions related to liquor licenses, administrative code amendments, and appointments to various boards and committees, with several supervisors recusing themselves from votes.

Continuing with new business, Resolution No. 045-19 was ADOPTED AS AMENDED, determining that the issuance of a liquor license to Porky's Palace, LLC, doing business as Tank18, will serve the public convenience or necessity of the City and County of San Francisco. Resolution No. 051-19 was ADOPTED, determining that the transfer of a liquor license to Elizabeth Holly Bullard, doing business as Chiotras Grocery, will serve the public convenience or necessity of the City and County of San Francisco, subject to conditions. From the Rules Committee, Ordinance No. 180926 amending the Administrative Code to extend the termination date of managed care contracts approved under Section 21A.3 from December 31, 2020, to December 31, 2025. Ordinance No. 181003 amending the Administrative Code to extend the sunset date of the Graffiti Advisory Board for three years to March 1, 2022, and to require the Advisory Board to submit annual rather than biannual reports to the Mayor and Board of Supervisors. Ordinance No. 190009 authorizing the District Attorney and Sheriff to send a Request for Parole Entry to the United States Department of Homeland Security (“DHS”) to facilitate parole entry into the United States of a criminal defendant for prosecution in San Francisco. Supervisor Stefani Excused from Voting, she was appointed to Motion No. M19-005 the Mental Health Board. Supervisor Brown Excused from Voting, appointed to Motion No. M19-006, to the Golden Gate Bridge, Highway and Transportation District Board of Directors. Supervisor Yee Excused from Voting, appointed to Motion No. M19-007 the Golden Gate Bridge, Highway and Transportation District Board of Directors. Supervisor Ronen Excused from Voting, she was appointed to Motion No. M19-008, to the San Francisco Local Agency Formation Commission. Supervisor Fewer Excused from Voting, appointed to Motion No. M19-009 the San Francisco Local Agency Formation Commission. Supervisor Mar Excused from Voting, appointed to Motion No. M19-011 to the City College Financial Assistance Fund Oversight Committee. Appointments, Graffiti Advisory Board, Motion No. M19-012 APPROVED. Sarah Souza was motioned to Eastern Neighborhoods Citizens Advisory Committee in Motion No. M19-013 APPROVED. Morningstar Vancil was motioned to the Aging Advisory Council in Motion No. M19-014 APPROVED.

Remarks

Supervisors recognized the Bayanihan Equity Center and Ann Dorman for their contributions to the community.

Supervisor Haney introduced, welcomed, and presented a Certificate of Honor to the Bayanihan Equity Center on the occasion of their 20th year anniversary and Supervisor Mar introduced, welcomed, and presented a Certificate of Honor to Ann Dorman of the Parkside Library on the occasion of her retirement from the City and County of San Francisco.

Committee of the Whole

The board, sitting as a Committee of the Whole, held a public hearing on street vacation and easements for the Sunnydale HOPE SF Project.

The Board of Supervisors sat as a Committee of the Whole to hold a public hearing regarding an Ordinance (File No. 180860) concerning street vacation and easements in the Sunnydale HOPE SF Project site. Francisco Da Costa spoke in support of the street vacation. The Committee adjourned, declared the hearing heard and filed, and reconvened as the Board of Supervisors. Supervisor Walton, seconded by Supervisor Fewer, moved that this Ordinance be AMENDED.

New Business

The board approved a motion to deny the appeal for waiver, adjustment or reduction of the Residential Child Care Fee and Sunnydale HOPE SF project.

Ordinance ordering the vacation of streets and certain easements in the Sunnydale HOPE SF Project site. Supervisor Fewer, seconded by Supervisor Safai, moved that this Motion be APPROVED to deny the appeal seeking a waiver, adjustment or reduction of the Residential Child Care Fee under Planning Code, Section 414A. Supervisor Fewer, seconded by Supervisor Safai, moved that this Motion be TABLED approving a waiver, adjustment or reduction of the Residential Child Care Fee under Planning Code, Section 414A.

Hearing

The board continued hearings related to a proposed project at 3637-3657 Sacramento Street, including environmental exemption, conditional use authorization, and related findings.

President Yee requested File Nos. 181233, 181234, 181235, 181236, 181237, 181238, 181239, and 181240 be called together. During the discussions on these items, privilege of the floor was granted unanimously to Aaron Starr (Planning Department), and Scott Emblidge, Moscone Emblidge & Otis LLP, and Gary Gee (on behalf of the Project Sponsor). Hearing to for the proposed project at 3637-3657 Sacramento Street. Alexander Thompson and Brandon Ponce (Appellant) provided an overview of the appeals and further requested the Board to approve the appeals. There were no other speakers. Supervisor Stefani, seconded by Supervisor Safai, moved that this Motion be CONTINUED to the Board of Supervisors meeting of February 5, 2019. regarding Affirming the Categorical Exemption Determination - 3637-3657 Sacramento Street, Conditionally Reversing the Categorical Exemption Determination - 3637-3657 Sacramento Street, and Preparation of Findings to Reverse the Categorical Exemption Determination - 3637-3657 Sacramento Street Supervisor Stefani, seconded by Supervisor Safai, moved that this Motion be CONTINUED to the Board of Supervisors meeting of February 5, 2019. regarding Approving Conditional Use Authorization - 3637-3657 Sacramento Street, Conditionally Disapproving Conditional Use Authorization and Approving with Additional Conditions - 3637-3657 Sacramento Street, and Preparation of Findings Related to Conditional Use Authorization Appeal - 3637-3657 Sacramento Street.

Committee Reports

The board approved reports related to CleanPowerSF and authorizing grant agreements, and Census 2020.

Supervisor Haney approved an interdepartmental agreements and new agreements. They also approved Resolution No. 033-19 authorizing Grant Agreements with the Public Utilities Commission, and CleanPowerSF Resolution No. 036-19, supporting the City and County of San Francisco’s participation in the United States Census.

Public Testimony

Members of the public commented on issues including the taxi industry, homelessness, and public safety.

The Board heard public comment on issues including the plight of the taxi industry, homelessness, public safety, and violence.

Closed Session

The board convened in closed session to confer with the City Attorney regarding existing litigation with Pacific Gas and Electric Company.

The Board recessed to convene in closed session pursuant to Motion No. M18-151 (File No. 181038), approved on October 30, 2018, for the purpose of conferring with, or receiving advice from, the City Attorney, under California Government Code, Section 54956.9(a), and Administrative Code, Section 67.10(d)(1), regarding the following existing litigation in which the City is a petitioner and Pacific Gas & Electric Company is an adverse party The board elected not to disclose its closed session deliberations.

New Business

The board approved the Use Agreement with Out of the Frying Pan Productions and the closed session - Labor Negotiations.

The Board approved the Use Agreement with Out of the Frying Pan Productions as well as the closed session regarding Labor Negotiations.

New Business

The board adopted resolutions supporting California State Senate Bill No. 127 (Wiener) - Complete Streets for Active Living and Utility Wildfire Costs.

The Board voted that both the "Supporting California State Senate Bill No. 127 (Wiener) - Complete Streets for Active Living" and the "City Position Regarding Liability for Utility Wildfire Costs" were adopted, with additional sponsors.

Legislation Introduced

The board introduced ordinances and resolutions related to short-term loans for federal employees, homelessness tax credits, cannabis permits, surveillance technology, a Green New Deal fund, street vacation, and flood risk disclosure, as well as a variety of grant applications and program authorizations.

The Board introduced legislation including Ordinance No. 190090: Short-Term Loan Program for Federal Employees, Ordinance No. 190091: Short-Term Loan and Interest Proceeds, Ordinance No. 190092: Business and Tax Regulations Code - Credits For Waiver of Homelessness Gross Receipts Tax Refund, Ordinance No. 190109: Police, Business and Tax Regulations Codes - Event-Related Cannabis Permits, Ordinance No. 190110: Administrative Code - Acquisition of Surveillance Technology, Ordinance No. 190111: Administrative Code - San Francisco Green New Deal Fund, Ordinance No. 190112: Summary Street Vacation, Ordinance No. 181108: Police, Housing Codes - Required Disclosure of Storm Flood Risks. Resolution No. 190113: Multifamily Housing Revenue Bonds - Parcel E2 on Pier 70, Resolution No. 190114: Multifamily Housing Revenue Bonds - 710-760 La Playa Street, Resolution No. 190115: Authorization to Apply for State Grant Funding - California Cannabis Equity Act of 2018, Resolution No. 190116: Apply for Payment Programs - California Department of Resources Recycling, Resolution No. 190117: Permit Amendment - Outside Lands Music Festival, Resolution No. 190118: Urging California State Legislators to Allow for the Creation of a Public Banking, Resolution No. 190119: Urging Municipal Transportation Agency to Report Back with Findings of the New Rules, Motion No. 190120: Rules of Order - Removing Rule 3.29 Budget and Finance Select Committee on Federal Policy Changes, Request for Hearing No. 190121: Hearing - State and Federal Budget Updates and Any Related Impacts to the City, Request for Hearing No. 190122: Hearing - Budget Priorities - Youth Commission, Request for Hearing No. 190123: Hearing - Response to Homelessness in Extreme Weather, Request for Hearing No. 190124: Hearing - Access to Treatment and Services for Jail Population, Request for Hearing No. 190125: Hearing - Switchbacks on San Francisco Municipal Transportation Light Rail Lines, Request for Hearing No. 190126: Hearing - Home Invasions, Motion No. 190127: Closed Session - Labor Negotiations. Proposed Resolutions No. 190070: Grant Agreement Amendment - San Francisco Marin Food Bank, Proposed Resolutions No. 190071: Agreement Amendment - Westside Community Mental Health Center, Inc., Proposed Resolutions No. 190072: Real Property Lease Extension - SFP2 1360 Mission St., LLC, Proposed Resolutions No. 190073: Real Property Lease - William J. Piedmonte.