Imperium

The Board approved Ordinance No. 036-17, amending the Business and Tax Regulations Code. This change removes the $100 minimum penalty for failing to register with the Tax Collector and eliminates the fee and administrative requirements for obtaining a duplicate registration certificate. The Treasurer-Tax Collector's office was involved, and a fiscal impact was noted.

Ordinance No. 039-17 was approved, exempting the proposed Airport Development Plan from Chapter 29 of the Administrative Code, which includes requirements for a fiscal feasibility study and Board of Supervisors determination before environmental review. However, individual projects under the plan may still be subject to these requirements. The Airport Commission was involved, and a fiscal impact was noted.

Ordinance No. 040-17, sponsored by the Mayor, was approved, appropriating $34,184,136 of lease financing to the Department of Emergency Management for the Public Safety Radio System Project in FY2016-2017. The funds were placed on Controller’s Reserve pending proceeds from the lease financing, and a fiscal impact was noted.

Ordinance No. 042-17 authorizes the settlement of an unlawful detainer lawsuit against Decorative Plant Services Inc. The settlement involves Decorative Plant surrendering possession by March 31, 2017, and the SFPUC providing a payment not to exceed $110,000 for relocation expenses. The lawsuit was filed on November 28, 2016, and related to the termination of a lease agreement at the Southeast Community Facility at 1150 Phelps Avenue. The City Attorney was involved.

Ordinance No. 043-17 authorizes the settlement of an unlawful detainer lawsuit against Goldman Enterprises, dba Sunborne Nursery Inc. The settlement terms are similar to the Decorative Plant settlement: Sunborne surrenders possession by March 31, 2017, and the SFPUC provides up to $110,000 for relocation. The lawsuit, filed on November 28, 2016, was related to the termination of a lease agreement at 1150 Phelps Avenue. The City Attorney was involved.

Ordinance No. 044-17 authorizes the settlement of an unlawful detainer lawsuit against ACS Marketing Inc., dba S.F. Foliage Inc. The terms mirror the other plant-related settlements: S.F. Foliage surrenders possession by March 31, 2017, and the SFPUC provides up to $110,000 for relocation. The lawsuit, filed on November 28, 2016, pertained to the termination of a lease agreement at 1150 Phelps Avenue. The City Attorney was involved.

Ordinance No. 035-17, sponsored by Supervisor Farrell, was approved, amending the Subdivision Code. It requires that new subdivision designs for tentative or parcel maps include provisions for communications services facilities to each parcel. The Planning Department's determination under the California Environmental Quality Act was affirmed.

File No. 161316, regarding the elimination of various fees imposed by the City, was severed from the Consent Agenda. Supervisor Yee moved to amend the ordinance by adding "Second Hand Dealer 0" on Page 15, Line 17. The motion carried, and the amended ordinance passed on the first reading. Supervisors Yee, Ronen, and Cohen were sponsors.

Ordinance No. 033-17, sponsored by the Mayor, was approved, concerning a Lease Disposition and Development Agreement and 75-year Ground Lease (extendable to 99 years) with UCSF for a new research building at Zuckerberg San Francisco General Hospital. The initial base rent is $180,000 per year. The Department of Public Health is authorized to accept a $10,000,000 parking reimbursement contribution upon delivery of the Ground Lease. Findings under CEQA and conformity with the General Plan were made. Supervisor Sheehy disclosed his previous employment with UCSF but was advised he had no conflict of interest.

Ordinance No. 037-17 authorizes the settlement of a medical malpractice lawsuit filed by Bradley Bishop against the City and County of San Francisco for $750,000. The City will also waive an offset of $13,891.80 for unpaid services, and the Regents of the University of California will pay $1,750,000. Supervisor Sheehy disclosed his previous employment with UCSF but was advised he had no conflict of interest.

Ordinance No. 041-17 authorizes the settlement of a lawsuit filed by The Regents of the University of California against the City and County of San Francisco for $473,530.02. The settlement involves a refund for overbilling in the form of a credit against future water service charges. Supervisor Sheehy disclosed his previous employment with UCSF but was advised he had no conflict of interest.

Ordinance No. 034-17, sponsored by Supervisors Cohen, Sheehy, Farrell, Breed, and Safai, amends the Planning Code to establish a citywide Transportation Demand Management (TDM) Program. This requires Development Projects to incorporate design features, incentives, and tools that support sustainable forms of transportation, create a new administrative fee to process TDM Plan applications, and make conforming amendments to various sections of the Planning Code. The Planning Department's determination under the California Environmental Quality Act was affirmed.

Ordinance No. 038-17, sponsored by Supervisors Peskin, Kim, Safai, Sheehy, Cohen, Ronen, Yee, and Breed, amends Administrative Code, Chapter 41, to update the Hotel Conversion Ordinance. Changes include refining definitions, revising procedures for permits to convert residential units, harmonizing fees, eliminating seasonal short-term rentals for residential hotels that violated provisions of the Ordinance, authorizing the Department of Building Inspection to issue administrative subpoenas, and adding an operative date. Supervisor Breed requested to be added as a co-sponsor.

Ordinance No. 161350, sponsored by Supervisors Cohen and Yee, amends the Administrative Code to set the structure, functions, terms, and administrative support for the Dignity Fund Oversight and Advisory Committee, as required by Charter, Section 16.128-11. The ordinance passed on the first reading.

Resolution No. 035-17 confirms the nomination of Sergeant Dorian J. Carr, United States Air Force, Retired, as County Veterans Service Officer. The City Administrator was involved.

Motion No. M17-008 approves the appointment of Supervisor Norman Yee to the Association of Bay Area Governments Executive Board for a two-year term. Supervisor Yee was excused from voting.

Motion No. M17-010 approves the appointment of Supervisor Hillary Ronen to the Bay Area Air Quality Management District Board of Directors for a four-year term. Supervisor Ronen was excused from voting.

Motion No. M17-011 approves the appointment of Supervisor Hillary Ronen to the Local Agency Formation Commission for a four-year term. Supervisor Ronen was excused from voting.

Motion No. M17-009 approves the appointment of Supervisor Norman Yee to the Golden Gate Bridge, Highway and Transportation District Board of Directors for a two-year term. Supervisor Yee was excused from voting.

Motion No. M17-012 approves the appointment of Supervisor Aaron Peskin to the Golden Gate Bridge, Highway and Transportation District Board of Directors for a two-year term. Supervisor Peskin was excused from voting.

Motion No. M17-013 approves the appointment of Supervisor London Breed to the Golden Gate Bridge, Highway and Transportation District Board of Directors for a two-year term. Supervisor Breed was excused from voting.

Motion No. M17-014 approves the appointment of Supervisor Jeff Sheehy to the Golden Gate Bridge, Highway and Transportation District Board of Directors for a two-year term. Supervisor Sheehy was excused from voting.

Motion No. M17-015 approves the appointment of Supervisor Jane Kim to the Metropolitan Transportation Commission for a four-year term. Supervisor Kim was excused from voting.

Motion No. M17-016 approves the appointment of Supervisor Sandra Lee Fewer to the Reentry Council for a two-year term. Supervisor Fewer was excused from voting.

Motion No. M17-017 approves the appointment of Katherine Mindel Jones to the Park, Recreation and Open Space Advisory Committee for the unexpired portion of a two-year term.

Supervisor Peskin introduced and presented Certificates of Honor to public safety officers, City staff, and non-profit workers for their support to the victims of the Chinatown fire on February 3, 2017. This included members from the Fire Department, Red Cross, Human Services Agency, Salvation Army, Department of Building Inspection, Mayor's Office, Community Development Center, Self Help for the Elderly, Lava Mae, and Sheriff's Department.

Supervisor Cohen introduced and presented Certificates of Honor to individuals from A Better Way and the Homeless Prenatal Program for National Parent Leadership Month. Trent Rhorer, Director of the Human Services Agency, shared in this commendation.

Supervisor Kim introduced and presented a Certificate of Honor to organizers for Free City College, including representatives from the American Federation of Teachers, the San Francisco Labor Council, and Community Housing Partnerships/Jobs With Justice. Supervisors Cohen, Ronen, Yee, Fewer, Peskin, Safai, and Tang shared in this commendation.

Supervisor Peskin acknowledged and introduced Miss Chinatown U.S.A. 2017, Karen Yang, and all the runners-up of the pageant, who were in attendance at the meeting.

The Board of Supervisors, sitting as a Committee of the Whole, held a hearing on the final reports, findings, and recommendations of various panels and reports concerning law enforcement practices. The hearing was then continued to the Board of Supervisors meeting on March 7, 2017. Supervisor Cohen provided additional information on the hearing and the proposed continuance.

Giselle Roohparvar shared concerns regarding SRO residential issues. Sala Chandler shared concerns regarding a memorial for her son, who was a victim of a triple homicide. Ace Washington shared concerns about the out migration of the African American community in San Francisco.

Resolution No. 036-17, sponsored by Supervisors Ronen, Fewer, Kim, Peskin, Yee, Safai, Breed, Tang, and Cohen, supports California State Senate Bill 54 (the California Values Act). Amendments were made to the resolution, including replacing "prevent the use of" with "disentangle" and "to aid Immigration and Customs Enforcement (ICE) in carrying out deportations" with "from federal immigration enforcement." The resolution was adopted as amended.

Ordinance 161287, sponsored by the Mayor, Breed, Ronen, Sheehy and Farrell, amending the Environment Code to update the green building requirements for the design, construction, and operation of municipal buildings; and affirming the Planning Department’s determination under the California Environmental Quality Act, was assigned to the Land Use and Transportation Committee.

Ordinance 170028, sponsored by the Mayor and Ronen, amending the Planning Code to create the Calle 24 Special Use District, and revising the Zoning Map to reflect the Calle 24 Special Use District generally bounded by 22nd Street, Potrero Avenue, Cesar Chavez Street, and Capp Street, as well as 24th Street to Bartlett Street, and as more specifically defined in this Ordinance; affirming the Planning Department’s determination under the California Environmental Quality Act; and making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1, was assigned to the Land Use and Transportation Committee.

Ordinance 170156, sponsored by the Mayor and Ronen, amending the Planning Code and Zoning Map to prohibit Gym and Massage uses in the Production, Distribution, and Repair (PDR) zoning districts, eliminate the Transit-Oriented Retail Special Use District, which includes all parcels in PDR districts along 16th Street from Mission Street to Potrero Avenue, and correct the height limits on certain parcels in the Urban Mixed Use (UMU) District to allow for groundfloor PDR uses; affirming the Planning Department’s determination under the California Environmental Quality Act; and making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1, and findings of public necessity, convenience, and welfare under Planning Code, Section 302, was assigned to the Land Use and Transportation Committee.

Ordinance 170157, sponsored by the Mayor, appropriating $12,807,266 of General Obligation Bond Interest Earnings for the San Francisco General Hospital and Trauma Center in FY2016-2017 and placing $392,406 on Controller’s Reserve pending interest accrual and review of arbitrage costs, was assigned to the Budget and Finance Committee.

Ordinance 170158, sponsored by Peskin and Breed, amending the Administrative Code to revise the Residential Unit Conversion Ordinance to require Hosting Platforms to exercise reasonable care in verifying that a residential unit is on the City Registry prior to accepting a fee for booking a short-term rental transaction; and affirming the Planning Department’s determination under the California Environmental Quality Act, was assigned to the Land Use and Transportation Committee.

Ordinance 170159, sponsored by Peskin, amending the Housing Code to prohibit the installation of timers or devices, other than required water conservation fixtures, that restrict or interrupt the water flow from showerheads in dwellings, apartment houses, dormitories, lodging houses, and hotels, subject to an exception for owner-occupied dwelling units; affirming the Planning Department’s determination under the California Environmental Quality Act; making findings under the California Health and Safety Code; and directing the Clerk of the Board of Supervisors to forward this Ordinance to the California Building Standards Commission upon final passage as required by State law, was assigned to the Land Use and Transportation Committee.

Ordinance 170160, sponsored by Peskin, amending Division I of the Transportation Code to establish a violation for bicycles that are a part of a Stationless Bicycle Share Program, to be parked, left standing, or left unattended on any sidewalk, street, or public right-of-way under the jurisdiction of the San Francisco Municipal Transportation Agency (SFMTA) or Public Works (PW) without a permit issued by the SFMTA authorizing the bicycle to be parked, left standing, or left unattended at that location; amending the Public Works Code to authorize PW to take any necessary enforcement action to abate or remove unauthorized bicycles that are part of an unpermitted Stationless Bicycle Share Program, that are parked, left standing, or left unattended on any sidewalk, street, or public right-of-way under the jurisdiction of PW or the SFMTA in violation of the Transportation Code; and affirming the Planning Department’s determination under the California Environmental Quality Act, was assigned to the Land Use and Transportation Committee.

Resolution 170161, sponsored by Peskin, Fewer, Ronen, Kim, Yee, Safai and Cohen, urging the California state legislature to amend the Revenue and Taxation Code to enable local California jurisdictions to levy personal and corporate income taxes, which the City and County of San Francisco could utilize as a sustained source of funding for transportation and public health priorities, was referred for adoption without committee reference at the next board meeting.

Resolution 170162, sponsored by Yee, Ronen, Safai, Sheehy, Kim, Breed, Peskin, Fewer, Cohen, Farrell and Tang, urging the Planning Commission to initiate amendments to the General Plan’s Housing and Urban Design Elements regarding family-friendly housing, was referred for adoption without committee reference at the next board meeting.

Motion 170164, sponsored by Kim, approving the Budget and Legislative Analyst Services work plan for 2017, which allocates hours for calendar year 2017, authorizes the Budget and Legislative Analyst to reallocate up to 20% of the hours between service categories based on Board of Supervisors service needs, and requires Board of Supervisors approval for reallocation of hours greater than 20%; and establishes performance goals and sets a date for the 2017 annual performance evaluation of the Budget and Legislative Analyst Joint Venture Partnership, was received and assigned to the Government Audit and Oversight Committee.

Motion 170165, approving/rejecting the Mayor’s appointment of Ben Bleiman to the Entertainment Commission, term ending July 1, 2019, was received and assigned to the Rules Committee.

Motions 170166, 170163, and 170167 confirming/rejecting the Mayor’s reappointments of Leah Pimentel, Miguel Bustos, and Darshan Singh to the Successor Agency Commission (commonly known as the Commission on Community Investment and Infrastructure), for the unexpired portion of a four-year term, were received and assigned to the Rules Committee.

Motions 170176, 170177, 170178, and 170179 approving/rejecting the Mayor’s nomination for reappointment of Aaron Hyland, Jonathan Pearlman, Ellen Johnck, and Diane Matsuda to the Historic Preservation Commission, for the unexpired portion of a four-year term, were received and assigned to the Rules Committee.

Hearing Request 170168, sponsored by Breed and Peskin, requesting a hearing for the San Francisco Municipal Transportation Agency (SFMTA) to explain why, after 27 months, it has only spent 2% of the Transportation Infrastructure bonds approved by voters in 2014's Proposition A, and to detail what the relevant departments are doing to implement critical transportation projects in a more timely manner; and requesting the SFMTA, the Controller's Office, Public Works, and the San Francisco Public Utilities Commission to report, was received and assigned to the Government Audit and Oversight Committee.

Hearing Request 170169, sponsored by Cohen, requesting a hearing on the Controller's Six-Month Budget Status Report for FY2016-2017; and requesting the Controller's Office, and the Mayor's Budget Office to report, was received and assigned to the Budget and Finance Committee.

Hearing Request 170170, sponsored by Fewer, requesting a hearing on the status of litter and waste management strategies to handle neighborhood litter and packaging from packaged deliveries, and an update on anti-litter education and outreach efforts; and requesting the Department of the Environment, and Public Works to report, was received and assigned to the Public Safety and Neighborhood Services Committee.

Hearing Request 170171, sponsored by Peskin and Breed, requesting a hearing on the City's Emergency Medical Service response times and 9-1-1 call center response times; and requesting the Controller's Office, the Fire Department, and the Department of Emergency Management to present and report, was received and assigned to the Government Audit and Oversight Committee.

Hearing Request 170146, requesting a hearing to consider appointing Members of the Board of Supervisors, for one-year terms, to the California State Association of Counties, was received and assigned to the Rules Committee.

Hearing Request 170147, requesting a hearing to consider appointing one Member of the Board of Supervisors, for a four-year term, to the Bay Area Air Quality Management District Board of Directors, was received and assigned to the Rules Committee.

Ordinance 170121, authorizing settlement of the lawsuit filed by Luyen Phan and Gai Thi Phan Nguyen against the City and County of San Francisco for $2,875,000; the lawsuit was filed on May 23, 2016, in San Francisco Superior Court, Case No. CGC-16-552178; entitled Luyen Phan, et al. v. City and County of San Francisco, et al.; the lawsuit involves wrongful death of plaintiffs’ daughter, was received and assigned to the Government Audit and Oversight Committee.

Ordinance 170122, authorizing settlement of the lawsuit filed by Willie Crawford against the City and County of San Francisco for payment by City of $100,281; the lawsuit was filed on March 2, 2015, in the Superior Court, and removed on March 16, 2016, to the Federal District Court, Northern District of California, Case No. 16-cv-01301-CW; entitled Willie Crawford v. City and County of San Francisco; the lawsuit involves a dispute arising from employment; other material terms of the settlement are that plaintiff will resign, and that the City agrees to restore vacation pay, pay severance in accordance with the Municipal Executives’ Association collective bargaining agreement, pay the fee for mediation of the dispute, and forgo certain attorney’s fees and costs awarded by court, was received and assigned to the Government Audit and Oversight Committee.

Ordinance 170123, amending the Public Works Code to authorize the Port Executive Director to impose penalties for failure to comply with requirements relating to construction site runoff on property within Port Commission jurisdiction, was assigned to the Government Audit and Oversight Committee.