Imperium

San Francisco County

Meeting on Budget, Settlements, and Land Use

The San Francisco Board of Supervisors held a regular meeting on February 4, 2020, covering a wide range of topics. Key actions included approving numerous settlements of lawsuits against the city, appropriating funds for various

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Consent Agenda

Appropriation of Revenue Bonds for Airport Commission Capital Improvement Projects.

The board approved an ordinance appropriating $3,888,069,311 from the sale of revenue bonds or commercial paper for capital improvement projects to the Airport Commission for FY2019-2020 and placing the same amount on the Controller's Reserve pending the receipt of funds.

Consent Agenda

Appropriation and Re-Appropriation of Port Revenue Bond Refunding Proceeds.

The board approved an ordinance 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 for the Port of San Francisco in FY2019-2020. These funds are placed on the Controller's reserve, subject to the refunding of certain Port bonds.

Consent Agenda

Authorizing Agreements for CleanPowerSF Electricity Purchases.

An ordinance was approved delegating authority to the General Manager of the Public Utilities Commission to enter into agreements with terms exceeding ten years or requiring expenditures of $10,000,000 or more for power and related products and services to supply CleanPowerSF, subject to specified conditions. The ordinance authorizes the use of pro forma agreements for the purchase and sale of power and related products and allows deviations from certain contract requirements in the Administrative Code and the Environment Code.

Consent Agenda

De-Appropriation and Re-Appropriation for Hetch Hetchy Power Asset Analysis Project.

The board approved an ordinance de-appropriating $10,369,224 of capital projects appropriations and re-appropriating the same amount within Hetch Hetchy Power for the Power Asset Acquisition Analysis Project of the Public Utilities Commission for FY2019-2020.

Consent Agenda

Real Property Acquisition for Highway Offramp Improvements at Third Street and Meade Avenue.

An ordinance was approved authorizing the Director of Property to acquire and accept the State of California’s relinquishment of its rights in the sidewalk, roadway, and other right-of-way improvements and real property related to State Highway Route 101 near Third Street and Meade Avenue. It authorizes the placement of the acquired property under the jurisdiction of Public Works, waives the required 90-day notice, and adopts Planning Department determinations regarding consistency with the General Plan and compliance with CEQA.

Consent Agenda

Settlement of Lawsuit - PJ Dayacamos - $57,500.

The board approved an ordinance authorizing the settlement of a lawsuit filed by PJ Dayacamos against the City and County of San Francisco for $57,500. The lawsuit was filed on May 8, 2017, in the United States District Court, Northern District of California, Case No. 3:17-cv-02644-JSC, and involves an employment dispute.

Consent Agenda

Settlement of Lawsuit - Tureko Straughter and K.R., a minor - $160,000.

An ordinance was approved authorizing the settlement of a lawsuit filed by Tureko Straughter and K.R., a minor, against the City and County of San Francisco for $160,000. The lawsuit was filed on August 22, 2018, in the United States District Court, Case No. 18-cv-03651, and involves alleged civil rights violations.

Consent Agenda

Settlement of Lawsuit - Scanvinski Jerome Hymes - $35,000.

The board approved an ordinance authorizing the settlement of the lawsuit filed by Scanvinski Jerome Hymes against the City and County of San Francisco for $35,000. The lawsuit was filed on July 28, 2016, in United States District Court - Northern District of California, Case No. 16-cv-04288 JSC, and involves alleged excessive force and personal injuries by Sheriff’s deputies.

Consent Agenda

Settlement of Lawsuit - Claudia High-Matthews - $40,000.

An ordinance was approved authorizing settlement of the lawsuit filed by Claudia High-Matthews against the City and County of San Francisco for $40,000. The lawsuit was filed on May 25, 2018, in San Francisco Superior Court, Case No. CGC-18-566804, and involves an alleged personal injury on a City sidewalk.

Consent Agenda

Amended Settlement of Unlitigated Claim - United States Environmental Protection Agency - Yosemite Slough Sediment Site - $821,839.

The board approved an ordinance approving an amendment to the 2016 settlement with the EPA regarding the Yosemite Slough Sediment Site. The amendment requires the City to perform two additional technical studies at an estimated cost of $821,839, which will be funded from the Public Utilities Commission Wastewater Enterprise fund balance. The City will contract with a third-party consultant to perform the studies and assumes responsibility for completion of the work, including indemnity for the EPA.

Consent Agenda

Settlement of Lawsuit - Peggy Ung - $50,000.

The board approved an ordinance authorizing settlement of the lawsuit filed by Peggy Ung against the City and County of San Francisco for $50,000. The lawsuit was filed on November 8, 2017, in San Francisco Superior Court, Case No. CGC-17-562378, and involves alleged personal injury on a City sidewalk. The City, Yong L. Wang, Michelle Wang, and Farmers Insurance Company mutually waive any and all rights they may have against each other for indemnity concerning the lawsuit.

Consent Agenda

Settlement of Lawsuit - Katherine Cantwell - $150,000.

An ordinance was approved authorizing settlement of the lawsuit filed by Katherine Cantwell against the City and County of San Francisco for $150,000. The lawsuit was filed on February 27, 2018, in San Francisco Superior Court, Case No. CGC-18-564646, and involves alleged personal injury from a vehicle versus pedestrian collision.

Consent Agenda

Offer to Compromise Litigation - Kellan Dunn - $45,000.

An ordinance was approved authorizing the service of an Offer to Compromise under Code of Civil Procedure, Section 998, in the lawsuit filed by Kellan Dunn against the City and County of San Francisco, to include a payment from the City and County of San Francisco of up to $45,000 plus reasonable attorneys’ fees and costs to be determined by the Court. The lawsuit was filed on May 9, 2018, in San Francisco Superior Court, Case No. CGC-18-566427, and involves an employment dispute.

Consent Agenda

Settlement of Lawsuit - Rosa Rivera Keel - $75,000.

The board approved an ordinance authorizing settlement of the lawsuit filed by Rosa Rivera Keel against the City and County of San Francisco for $75,000. The lawsuit was filed on October 4, 2018, in San Francisco Superior Court, Case No. CGC-18-570303, and involves an alleged personal injury on a City crosswalk.

Consent Agenda

Settlement of Lawsuit - William Maier - $198,000.

An ordinance was approved authorizing settlement of the lawsuit filed by William Maier against the City and County of San Francisco for $198,000. The lawsuit was filed on February 2, 2018, in Superior Court of the State of California, County of San Francisco, Case No. CGC-18-564070, and involves an employment dispute.

Consent Agenda

Settlement of Lawsuit - Tiffany Cross, et al. - $225,000.

The board approved an ordinance authorizing settlement of the lawsuit filed by Tiffany Cross, Tiana Reddic, Arron Mathews, Acacia McNeal, Shalonda Adams, Crystal Anthony, and Darlene Rouse against the City and County of San Francisco for $225,000. The lawsuit was filed on October 3, 2018, in United States District Court, Case No. 18-cv-06097, and involves alleged civil rights violations.

Consent Agenda

Settlement of Lawsuit - Luz de Verano Cervantes - $49,500.

The board approved an ordinance authorizing settlement of the lawsuit filed by Luz de Verano Cervantes against the City and County of San Francisco for $49,500. The lawsuit was filed on May 16, 2018, in San Francisco Superior Court, Case No. CGC-18-566598, and involves alleged personal injury from a motor vehicle collision.

Consent Agenda

Health Code Amendment - Sugar-Sweetened Beverage Warning for Advertisements.

An ordinance amending the Health Code was approved. The amendment updates the statement of findings and purpose of the Sugar-Sweetened Beverage (SSB) Warning Ordinance; revises the definition of Advertiser; reduces the required warning size; modifies the required warning text; requires use of translated versions of the warning text on certain SSB advertisements in languages other than English; removes exemptions for certain types of SSB advertisements; and revises the enforcement provisions.

Unfinished Business

Levying Taxes - Special Tax District No. 2019-1 (Pier 70 Condominiums).

The board approved an ordinance levying special taxes within City and County of San Francisco Special Tax District No. 2019-1 for the Pier 70 Condominiums.

Unfinished Business

Levying Special Taxes - Special Tax District No. 2019-2 (Pier 70 Leased Properties).

The board approved an ordinance levying special taxes within City and County of San Francisco Special Tax District No. 2019-2 for Pier 70 Leased Properties.

Unfinished Business

Appropriation - General Reserve - City College of San Francisco Operating Support - $2,700,000.

The board approved an ordinance appropriating $2,700,000 from the General Reserve to support City College of San Francisco class reinstatement, upon condition of an executed agreement for this use in FY2019-2020. Supervisor Mandelman dissented in Committee.

Unfinished Business

Accept and Expend Grant - Retroactive - BART Pit Stop Public Toilet Program - $257,500.

The board voted to continue the resolution retroactively authorizing Public Works to accept and expend a grant of up to $257,500 from BART for the Pit Stop Public Toilet Program for the period of July 1, 2019, through June 30, 2020, to the Board of Supervisors meeting of February 11, 2020.

Unfinished Business

Planning Code Amendment - Jackson Square Special Use District - Limited Restaurant Use.

The board approved an ordinance amending the Planning Code to allow authorization of a Limited Restaurant use in the Jackson Square Special Use District if a building permit application was filed by July 19, 2018. It affirms the Planning Department's determination under CEQA and makes findings of consistency with the General Plan.

New Business

Establishing the Appropriations Limit for FY2019-2020.

The board adopted a resolution establishing the appropriations limit of $5,528,830,486 for FY2019-2020, pursuant to California Constitution, Article XIII B.

New Business

Approving the Lease of 1271-1275 Mission Street for Digital Services.

The board adopted a resolution authorizing and approving the lease of 1271-1275 Mission Street for San Francisco Digital Services. The lease is with Mission 1275 SF LLC and Baskin Investment Group LLC for a six-year term with two five-year options for renewal, commencing on or around February 1, 2020, at an initial monthly base rent of $48,125 for a total annual rent of $577,500 with 3% annual adjustments thereafter.

New Business

Approving an Amendment to the Grant Agreement with the Institute on Aging for the Community Living Fund.

The board adopted a resolution approving a second amendment to the grant agreement between the City and the Institute on Aging for the Community Living Fund, increasing the grant by $1,076,558 for a total amount not to exceed $11,641,294 to commence February 1, 2020, with no change to the term length of July 1, 2019, through June 30, 2021.

New Business

Accept and Expend Grant - Retroactive - California Office of Emergency Services - Hose Tender - $1,000,000.

The board adopted a resolution retroactively authorizing the Fire Department to accept and expend a grant of $1,000,000 from the California Office of Emergency Services to purchase one hose tender, for the performance period of July 1, 2019, through June 30, 2022, and waiving indirect costs.

New Business

Accept and Expend Grant - Retroactive - Federal Emergency Management Agency - Marine Equipment - $341,625.

The board adopted a resolution retroactively authorizing the Fire Department to accept and expend a grant of $341,625 from the Federal Emergency Management Agency to purchase marine equipment for the performance period of September 1, 2019, through August 31, 2022, and waiving indirect costs.

New Business

Accept and Expend Grant - Retroactive - Federal Emergency Management Agency - Rescue Tools and Equipment - $612,129.09.

The board adopted a resolution retroactively authorizing the Fire Department to accept and expend a grant of $612,129.09 from the Federal Emergency Management Agency to purchase rescue tools and equipment for the performance period of September 5, 2019, through September 4, 2020, and waiving indirect costs.

New Business

Accept and Expend Grant - California Bureau of Cannabis Control - Local Equity Grant Funding Program - $1,338,683.13.

The board adopted a resolution authorizing the San Francisco Office of Cannabis to accept and expend a grant award of $1,338,683.13 from the California Bureau of Cannabis Control for the Local Equity Grant Funding program for the period of February 1, 2020, through January 31, 2021. It authorizes the Office of Cannabis to execute the agreement with the Bureau and indemnifies the Bureau for liability arising out of the contract.

New Business

Multifamily Housing Revenue Bonds - 55 Mason Street - Not to Exceed $61,600,000.

The board adopted a resolution declaring the intent of the City to reimburse expenditures from proceeds of future bonded indebtedness. The resolution authorizes the Director of the Mayor's Office of Housing and Community Development to submit an application to CDLAC to permit the issuance of residential mortgage revenue bonds in an aggregate principal amount not to exceed $61,600,000 for 55 Mason Street.

New Business

Ground Lease Amendment - Turk & Eddy Associates, L.P - 249 Eddy Street and 161-165 Turk Street.

The board adopted a resolution approving and authorizing the amendment and restatement of an existing long term ground lease with Turk & Eddy Associates, LP, on City-owned land at 249 Eddy Street, and 161-165 Turk Street to refinance a 100% affordable, 82-unit multifamily rental housing development for low-income persons.

New Business

Plumbing Code Amendment - Cross-Connection Control.

An ordinance amending the Plumbing Code was presented for its first reading. The amendment deletes the local amendment referring to the SFPUC Rules and Regulations regarding cross-connection control and adds local controls for beverage dispensers and industrial water chillers and a testing requirement for backflow prevention assemblies or devices.

New Business

Planning and Administrative Codes - North of Market Affordable Housing Fees and Citywide Affordable Housing Fund.

An ordinance amending the Planning Code and the Administrative Code was presented for its first reading. The amendment abolishes the North of Market Affordable Housing Fund and directs that certain affordable housing fees collected in conjunction with the North of Market Residential Special Use District be deposited in the Citywide Affordable Housing Fund.

New Business

Health Code Amendment - Approving a New Location for a Permittee’s Medical Cannabis Dispensary Permit.

The board voted to continue this ordinance amending the Health Code to authorize the Director of the Department of Public Health to allow an existing Medical Cannabis Dispensary permittee to operate under that permit at a new location to the Board of Supervisors meeting of February 25, 2020.

New Business

Liquor License Transfer - 685 Market Street - The Lark Bar.

The board adopted a resolution determining that the premise-to-premise transfer of a Type-48 on-sale general public premises liquor license to Destination Bars, Inc., doing business as The Lark Bar, located at 685 Market Street, Suite A, will serve the public convenience or necessity of the City and requesting that the California Department of Alcoholic Beverage Control impose conditions on the issuance of the license.

New Business

Liquor License Transfer and Issuance - 685 Market Street - Cask.

The board adopted a resolution determining that the premise-to-premise transfer of a Type-21 off-sale general beer, wine, and distilled spirits liquor license, and the issuance of a Type-86 instructional tasting license to Future Beverage Inc., doing business as Cask, located at 685 Market Street, Suite B, will serve the public convenience or necessity of the City. It requests that the California Department of Alcoholic Beverage Control impose conditions on the issuance of the license.

New Business

Administrative Code Amendment - Public Health Group Purchasing Organizations.

An ordinance amending the Administrative Code was presented for its first reading. The amendment authorizes the Department of Public Health to become a member of any Healthcare Group Purchasing Organization (GPO) and to enter into contracts with Healthcare GPO suppliers and distributors to purchase commodities and services without requiring competitive bidding and without approval of the City Purchaser.

New Business

Administrative Code Amendment - Naming Second Floor Rotunda in City Hall for Buck Delventhal.

An ordinance amending the Administrative Code to name the rotunda on the second floor of City Hall in memory of former Deputy City Attorney Buck Delventhal was presented for its first reading. Supervisor Preston was added as a co-sponsor.

New Business

Administrative Code Amendment - Hotel Conversion Ordinance.

The board voted to continue this ordinance amending the Administrative Code to update the Hotel Conversion Ordinance to the Board of Supervisors meeting of February 25, 2020.

New Business

Reappointment, Small Business Commission - Miriam Zouzounis.

The board approved a motion reappointing Miriam Zouzounis to the Small Business Commission for a term ending January 6, 2024.

New Business

Reappointment, Bicycle Advisory Committee - Marc Brandt.

The board approved a motion reappointing Marc Brandt to the Bicycle Advisory Committee for a term ending November 19, 2020.

Committee of the Whole

Hearing - Appeal of Exemption From Environmental Review - SFMTA Page Street Bikeway Improvements Pilot Project.

The board held a hearing on an appeal of the determination of exemption from environmental review for the SFMTA Page Street Bikeway Improvements Pilot Project. Mary Miles, representing the Coalition for Adequate Review, presented the appeal, arguing for a full environmental review. Mark Dreger from SFMTA defended the project and its exemption. Public comment was heard, with supporters of the project speaking in opposition to the appeal. The board ultimately heard and filed the appeal.

Committee of the Whole

Affirming the Categorical Exemption Determination - SFMTA Page Street Bikeway Improvements Pilot Project.

The board approved a motion affirming the determination by the Planning Department that the SFMTA Page Street Bikeway Improvements Pilot Project is categorically exempt from further environmental review.

Committee of the Whole

Conditionally Reversing the Categorical Exemption Determination - SFMTA Page Street Bikeway Improvements Pilot Project.

The board tabled a motion conditionally reversing the determination by the Planning Department that the SFMTA Page Street Bikeway Improvements Pilot Project is categorically exempt from further environmental review.

Committee of the Whole

Preparation of Findings to Reverse the Categorical Exemption Determination - SFMTA Page Street Bikeway Improvements Pilot Project.

The board tabled a motion directing the Clerk of the Board to prepare findings reversing the determination that the SFMTA Page Street Bikeway Improvements Pilot Project is categorically exempt from further environmental review.

Committee Reports

Approving an Amended and Restated Land Disposition and Acquisition Agreement for 639 Bryant Street and 2000 Marin Street.

The board discussed an ordinance that approves an Amended and Restated Land Disposition and Acquisition Agreement with 2000 Marin Property, L.P. This would involve the city's transfer of real property at 639 Bryant Street in exchange for real property at 2000 Marin Street. The board voted to pass the ordinance on first reading.

Committee Reports

Resolution of Intent for Street Vacation - 301 Mission Street - Millennium Tower

The board discussed a resolution declaring the intent of the Board of Supervisors to order the vacation of the sidewalk portion of streets on the south side of Mission Street, at the intersection of Mission and Fremont Streets, and on the east side of Fremont Street at the same intersection to allow a structural upgrade of the 301 Mission Street high-rise building known as Millennium Tower and setting a hearing date for the Board of Supervisors to sit as a Committee of the Whole on March 3, 2020, for all persons interested in the proposed vacation of said street areas. The board then voted to adopt this resolution

Committee Reports

Presidential Appointment, Planning Commission - Maria Theresa Imperial.

The board discussed the approval/rejection of the President of the Board of Supervisors Norman Yee’s nomination of Maria Theresa Imperial to the Planning Commission, for a term ending July 1, 2020.

Public Testimony

Public Testimony - Concerns about Residential Hotels, Taxi Drivers, Funding for Higher Education, Evictions, and the Oumar Yaide case.

Members of the public spoke about concerns about residential hotels, taxi drivers and medallion holders, funding for higher education and living wages, evictions and housing, and other issues. Many community members expressed support for the Resolution urging the United States Department of Homeland Security to ensure Oumar Yaide’s safe return to San Francisco.

For Adoption Without Committee Reference

Final Map Approval - 2444 Lombard Street.

The board approved a motion approving Final Map 9984 for a mixed-use condominium project at 2444 Lombard Street.

For Adoption Without Committee Reference

Resolution Urging a Safe Return of Oumar Yaide to San Francisco.

The board adopted a resolution urging the U.S. Department of Homeland Security, U.S. Senators Dianne Feinstein and Kamala Harris, and all interested federal agencies to ensure Oumar Yaide’s safe return to San Francisco to reunite with his chosen family. Supervisors Preston and Stefani were added as co-sponsors.

Legislation Introduced

Ordinance amending the Planning, Administrative, Health, and Police Codes for technical corrections.

An ordinance was introduced to correct typographical errors, update outdated cross-references, and make non-substantive revisions to clarify or simplify Code language in the Planning, Administrative, Health, and Police Codes. It was assigned to the Land Use and Transportation Committee.

Legislation Introduced

Ordinance authorizing settlement of the lawsuit filed by San Francisco SRO Hotel Coalition, et al. - $300,000.

An ordinance was introduced authorizing settlement of the lawsuit filed by San Francisco SRO Hotel Coalition, Hotel Des Arts, LLC, and Brent Haas against the City and County of San Francisco for $300,000. The lawsuit was filed on May 8, 2017, in San Francisco Superior Court, Case No. CPF-17-515656. It was received and assigned to the Government Audit and Oversight Committee.

Legislation Introduced

Ordinance authorizing settlement of the lawsuit filed by Jennie Feldman - $150,000.

An ordinance was introduced authorizing settlement of the lawsuit filed by Jennie Feldman against the City and County of San Francisco for $150,000. The lawsuit was filed on July 3, 2019, in San Francisco Superior Court, Case No. CGC-19-577368. It was received and assigned to the Government Audit and Oversight Committee.

Legislation Introduced

Ordinance authorizing settlement of the lawsuit filed by Virginia Ernster - $70,000.

An ordinance was introduced authorizing settlement of the lawsuit filed by Virginia Ernster against the City and County of San Francisco for $70,000. The lawsuit was filed on May 21, 2019, in San Francisco Superior Court, Case No. CGC-19-576126. It was received and assigned to the Government Audit and Oversight Committee.

Legislation Introduced

Ordinance authorizing settlement of the lawsuit filed by Jamie Sanchez and Yovanna Sanchez - $27,500.

An ordinance was introduced authorizing settlement of the lawsuit filed by Jamie Sanchez and Yovanna Sanchez against the City and County of San Francisco for $27,500. The lawsuit was filed on May 21, 2019, in San Francisco Superior Court, Case No. CGC-19-576118. It was received and assigned to the Government Audit and Oversight Committee.

Legislation Introduced

Resolution approving Modification No. 2 to License and Services Agreement - Airport Research and Development Foundation - Application-Based Commercial Ground Transportation Trip Fee Collection Services - Aggregate Amount Not to Exceed $1,682,000.

A resolution was introduced approving Modification No. 2 to License and Services Agreement No. 50037 between the City and County of San Francisco, acting by and through its Airport Commission, and Airport Research and Development Foundation, a not-for-profit corporation, to extend the services term of the Agreement for use of application-based commercial ground transportation trip fee collection services for three years through March 12, 2023; reduce the cap of the Administrative Services Fee from $250,000 to $144,000 annually for the period of March 13, 2020, through March 12, 2023, for an aggregate amount not to exceed $1,682,000 for the total term of March 12, 2015, through March 12, 2023; and provide for one two-year renewal option to extend. (Airport Commission). It was received and assigned to Budget and Finance Committee.

Legislation Introduced

Resolution authorizing the acceptance of certain real property assets from the Office of Community Investment and Infrastructure to the City and County of San Francisco.

A resolution was introduced authorizing the acceptance of certain real property assets from the Office of Community Investment and Infrastructure to the City and County of San Francisco; placing parcels under the jurisdiction of Public Works (Assessor’s Parcel Block (Block) No. 5203, Lot Nos. 037 and 044; Block No. 4570, Lot Nos. 020, 021, and 028; and Block No. 3751, Lot Nos. 167 and 168); placing parcels under the Mayor’s Office of Housing and Community Development (Block No. 5423A, Lot 009; and Block No. 3731, Lot Nos. 240 and 241); placing property commonly known as the Adam Rogers Park Addition under the jurisdiction of the Recreation and Park Department. It was assigned to Land Use and Transportation Committee.