Imperium

Mayor Mark Farrell addressed the Board, expressing his commitment to working efficiently with all members. He highlighted his priorities for the next several months, focusing on improving street conditions, addressing homelessness, and reducing property crimes affecting city neighborhoods. The matter was filed after public comment, with no further action taken.

Ordinance No. 028-18 was finally passed, appropriating $1,100,000 for the Airport Commission's Police Training Support Facility capital project. This included $333,163 from the Airport NARC Forfeiture and Asset Seizure Fund balance, and $766,837 de-appropriated from Programmatic Projects in the same fund, re-appropriated to the Building, Structures, & Improvements Project budget.

The Board passed on first reading several ordinances authorizing settlements of lawsuits against the City and County of San Francisco: * Mikaela Anna Merchant: $50,000 for an employment dispute (Case No. CGC-16-555561). * Cesar and Fe Ponferrada: $34,000 for property loss due to flooding damage (Case No. CGC-15-547492), excluding claims for diminution of property value, attorney's fees, costs, and interest, which would be addressed later. * Rizaldi Gache: $65,000 for property loss due to flooding damage (Case No. CGC-15-547492), excluding claims for diminution of property value, attorney's fees, costs, and interest, which would be addressed later. * David Alfaro and Jessica Alfaro: $75,000 for property loss due to flooding damage (Case No. CGC-15-547492), excluding claims for diminution of property value, attorney's fees, costs, and interest, which would be addressed later. * Baikonur 1701 LLC: $34,284.59 for property loss due to flooding damage (Case No. CGC-15-547492), excluding claims for diminution of property value, attorney's fees, costs, and interest, which would be addressed later. * Elyse Duckett: $250,000 for an employment dispute (Case No. CGC-14-539201). * MBIA Inc., MBIA Insurance Corp., MBIA Insurance Corp. of Illinois, and Jason Kissane: The City is to receive $388,591 in a settlement related to breach of contract, fraud, and antitrust claims against bond insurance companies (Case No. CGC-08-480708).

Ordinance No. 026-18 was finally passed, amending the Planning Code to remove the requirement that on-site and off-site inclusionary units within a new development be ownership units rather than rental units, or alternatively, that the project sponsor submit a contract demonstrating the proposed on-site or off-site units are exempt from the Costa-Hawkins Rental Housing Act. Furthermore, Ordinance No. 025-18 was also finalized, amending the Housing Code to require that single-stall bathroom facilities in hotels be made available for the use of all residents, regardless of gender or gender identity, and to require that signage be posted to indicate the same; the Clerk was directed to forward the ordinance to the California Building Standards Commission.

Motion No. M18-013 was approved, appointing Irma Lewis and Jolene Yee to the Eastern Neighborhoods Citizens Advisory Committee, with terms ending October 19, 2019.

Ordinance No. 027-18 was finalized, creating Underground District No. 361 on Second Street from Bryant Street to Townsend Street; and affirming the Planning Department’s determination under the California Environmental Quality Act. Supervisor Safai dissented in committee, but voted in favor during the full board meeting.

The Board approved ordering the submission of a Charter Amendment (Third Draft) to the voters at an election on June 5, 2018. This amendment authorizes the Public Utilities Commission to issue revenue bonds for power facilities when approved by ordinance receiving a two-thirds vote of the Board of Supervisors and clarifies the scope of the Commission's bond authority with regard to the City's water and clean water utilities.

The Board amended and passed on first reading an ordinance authorizing Public Works, the Department of Homelessness and Supportive Housing, and the Department of Public Health to enter into contracts without adhering to certain Administrative Code or Environment Code provisions for construction work, procurement, and personal services relating to identified Shelter Crisis Sites. An amendment was added to exclude the requirement for a resolution if the proposed site is located in a supervisorial district that has no Shelter Crisis Sites.

Resolution No. 035-18 was adopted, authorizing and approving the license of a portion of the equipment room at Zuckerberg San Francisco General Hospital and Trauma Center, Building 25, at 1001 Potrero Avenue with AT&T Mobility National Accounts LLC, at a monthly base rent of $5,000, which shall be waived while participating in the Distributed Antenna System and providing enhanced cellular services to City staff, UCSF staff, patients, and visitors within Building 25.

Resolution No. 038-18 was adopted, retroactively authorizing the Recreation and Park Department to accept an in-kind grant of up to $500,000 from the Trust for Public Land for project management, design services, and community engagement for the Sergeant John Macaulay children’s play area renovation project for the project term of December 30, 2017, through July 1, 2018.

Resolution No. 039-18 was adopted, approving Modification No. 2 of Lease No. L13-0071 between American Airlines, Inc., and the City and County of San Francisco, acting by and through its Airport Commission, for the recapture of certain land at Plot 40 of the SuperBay Hangar to accommodate the demand for the Airport’s construction contractors’ parking at the San Francisco International Airport (“Airport”), adjusting the annual rent by $120,470.88 from $4,742,383.67 to $4,621,912.79, with no change to the length of term. Resolution No. 040-18 was adopted, approving Modification No. 2 of Lease No. L04-0058 between United Airlines Inc., and the City and County of San Francisco, acting by and through its Airport Commission, for the exchange of certain land at Plot 40 of the SuperBay Hangar to accommodate the demand for the Airport’s construction contractors’ parking at the San Francisco International Airport (“Airport”), and the reduction in annual rent of approximately $25,918.29 from $3,886,150.87 to an adjusted annual rent of $3,860,232.58, with no change to the length of term.

Resolution No. 041-18 was adopted, approving Amendment No. 2 of the contract between the City and County of San Francisco and Allied Universal Security for the provision of Security Services, extending the term for five months for the total period of February 1, 2014, to June 30, 2018, and an increase in the amount of $3,259,977 resulting in a revised total contract amount not to exceed $26,062,288.

The Board passed on first reading ordinances authorizing settlement of the lawsuits filed by: Donald Spadini against the City and County of San Francisco for $120,600 (Case No. CGC-16-554218), with Co-Defendant The Regents of the University of California paying $59,400; and David Zeller against the City and County of San Francisco for $290,000 (Case No. CGC-13-529554), with UC Regents to pay $200,245 and upon approval by the probate court and Plaintiff’s acceptance of the probate court’s allocation of funds, California Department of Health Care Services to disgorge $65,300 paid for MediCal lien to be paid to plaintiff. Supervisor Sheehy disclosed that he was previously employed with the University of California, San Francisco (UCSF), and has been advised by the City Attorney that he has no conflict of interest on these matters; however, due to receiving a pension from UCSF, a full disclosure was made before the vote was taken.

The Board passed on first reading an ordinance amending the Public Works Code to update provisions on street encroachment permits, establish appeals procedures and fees for such appeals, waive the annual public right-of-way occupancy assessment fee in lieu of the waiver for permit fee payment for certain permits, modify the street encroachment permit process for governmental entities, and create a temporary street encroachment permit for a maximum period of 30 months; amending the Administrative Code to establish an encroachment maintenance fund for permits where the permittee is not an adjacent property owner; and affirming the Planning Department’s determination under the California Environmental Quality Act.

The Board passed on first reading an ordinance amending Building Code, Section 107A, and Table 1A-B of Section 110A, to allow recovery of costs of third party experts and other permit related expenses; and affirming the Planning Department’s determination under the California Environmental Quality Act.

The Board recognized Dinh Tran for his performance in the junior men’s competition at the U.S. Figure Skating Championships, earning the silver medal. William von Eichhorn was recognized as District 1’s youngest adopt-a-drain leader. Michael V. Rios was recognized for his artistic accomplishments and inspirational work. Supervisor Ronen shared in this commendation.

The Board conducted a hearing regarding an appeal of the Planning Department's determination of exemption from environmental review for a proposed project at 1526 Wallace Avenue to process and sell small livestock. Cristina Stella, on behalf of the Animal Legal Defense Fund (Appellant), presented the appeal. Several individuals spoke in support of the appeal. Laura Lynch (Planning Department), Tomio Takeshita (Public Utilities Commission), Patrick Fosdahl (Department of Public Health), and Matthew Chandler, Lisa Gibson, and Richard Sucre (Planning Department) provided an overview of the decision of the Planning Department. Daniel Frattin (Reuben, Junius & Rose LLP), on behalf of Saba Live Poultry (Project Sponsor), provided an overview of the project and requested the Board to uphold the decision of the Planning Department. After hearing all sides, the Board approved Motion No. M18-014, affirming the Planning Department's original determination that the project is categorically exempt from further environmental review. Motions to conditionally reverse the determination and to prepare findings to reverse the determination were tabled.

The Board opened a public hearing regarding an appeal of a Community Plan Evaluation for a proposed project at 2918-2924 Mission Street. Supervisor Ronen indicated she would be making a motion to continue this hearing and associated motions to a later date. After opening the hearing and taking public comment limited to the continuance, Supervisor Ronen, seconded by Supervisor Peskin, moved that this Hearing be CONTINUED to the Board of Supervisors meeting of June 19, 2018, which carried. Motions to affirm or reverse the CPE were also carried to the same date.

The Board sat as a Committee of the Whole to consider amendments to the Mission Bay South Redevelopment Plan to remove a 0.3-acre parcel known as P20 from the Plan Area. Michael Martin (Port of San Francisco), Jack Bair and Fran Weld (San Francisco Giants), and Marc Slutzkin (Office of Community Investment and Infrastructure) provided an overview. After public comment, which included support and opposition, the hearing was closed, and Ordinance No. 171280 was passed on first reading, approving the amendments to the Mission Bay South Redevelopment Plan.

The Board sat as a Committee of the Whole to conduct a hearing on the establishment of Project Area I (Mission Rock), and Sub-Project Areas I-1 through I-13 therein, of Infrastructure Financing District No. 2 (Port of San Francisco). Rebecca Benassini (Port of San Francisco), Carli Paine (Municipal Transportation Agency), Adam Van de Water (Office of Economic and Workforce Development), and Jack Bair (San Francisco Giants) provided an overview of the project. A large number of speakers testified, expressing support and, to a lesser extent, opposition. After the hearing, the board approved a motion and resolution regarding the proposed project. Supervisors Cohen and Safai were noted absent for portions of the meeting and ultimately excused at 6:17 pm. Specifically, Ordinance 171314, establishing the project area and areas I-1 to I-13 was approved. Also Resolution 037-18 approving the issuance of bonds not to exceed $1,378,000,000 was approved.

Resolution No. 036-18 was adopted, affirming the Planning Department’s certification of the Final Environmental Impact Report and adopting environmental findings under the California Environmental Quality Act (CEQA), CEQA Guidelines, and San Francisco Administrative Code, Chapter 31, related to the approvals for the proposed Mission Rock mixed-use project located at Seawall Lot 337 and Pier 48.

* Ordinance No. 170940 was passed on first reading, amending the Planning Code and the Zoning Map to add the Mission Rock Special Use District. * Resolution No. 043-18 was adopted, approving a Lease Agreement between the Port and China Basin Ballpark Company, LLC (“CBBC”) for Pier 48. * Ordinance No. 171313 was passed on first reading, approving a Development Agreement between the City and County of San Francisco and Seawall Lot 337 Associates, LLC, for 28 acres of real property known as Seawall Lot 337 for the proposed Mission Rock Mixed-Use Project. * Resolution No. 042-18 was adopted, approving a Disposition and Development Agreement between the Port and Seawall Lot 337 Associates, LLC, for 28 acres of real property known as Seawall Lot 337 for the proposed Mission Rock Project. * Resolution No. 044-18 was adopted, approving a Memorandum of Understanding between the Port and other City Agencies regarding Interagency Cooperation for the proposed Mission Rock Project. * Resolution No. 045-18 was adopted, approving a Memorandum of Understanding relating to and appointing Port Commission as agent of Mission Rock Special Use District financing districts for the proposed Mission Rock Project.

Resolution No. 046-18 was adopted, calling and providing for a special election on behalf of the Bay Area Toll Authority regarding Regional Measure 3, directing the Director of Elections to conduct that special election, and consolidating that special election with the State of California Statewide Direct Primary Election and the City and County of San Francisco Municipal Election, all of which will occur on June 5, 2018.

Motion No. M18-015 was approved, directing the Board of Supervisors to convene in closed session on February 27, 2018, with the Department of Human Resources under Administrative Code, Section 67.10(e), and California Government Code, Section 54957.6, regarding labor negotiations of the City’s closed labor contracts.

Resolution No. 047-18 was adopted, designating Michael Rios an Artist Emeritus of the City and County of San Francisco.

Ordinance No. 180156 was introduced, amending the Health Code to designate the City Attorney rather than the District Attorney to institute judicial proceedings under California Welfare and Institutions Code, Division 5 (Community Mental Health Services), as provided in Chapter 3, Conservatorship for Gravely Disabled Persons.

Ordinance No. 180157 was introduced, amending the Business and Tax Regulations Code to suspend temporarily the application of the business registration and fee requirements for transportation network company drivers and taxi drivers.

Draft Ordinance No. 180158 was introduced, amending the Campaign and Governmental Conduct Code to require disclosure by major donors of their financial interests and modify disclaimer requirements in audio and video campaign advertisements.

Ordinance No. 180089 was introduced, amending Division I of the Transportation Code to establish a procedure for Board of Supervisors review of certain Municipal Transportation Agency Decisions.

Ordinance No. 180159 was introduced, amending the Police Code to prohibit firearms at certain public gatherings.

Resolution No. 180160 was introduced, retroactively authorizing the Port of San Francisco to accept and expend a grant award in the amount of $1,059,000 from the U.S. Department of Homeland Security’s 2016 Port Security Grant Program, including $997,500 for the replacement of the San Francisco Police Department Maritime Unit’s dock, and $61,500 to upgrade the Port’s DOC video system, for the period of September 1, 2016, through August 31, 2019.

Resolution No. 180161 was introduced, establishing local biodiversity as a citywide priority, with a framework for interagency collaboration for nature-based initiatives.

Resolution No. 180162 was introduced, opposing California Senate Bill 827, authored by Senator Scott Wiener, which would significantly limit San Francisco’s local ability to recapture critical public value of development projects citywide and override local planning process.

Resolution No. 180163 was introduced, finding the proposed development of the Balboa Reservoir Site, an approximately 17-acre site located in the Balboa Park area, fiscally feasible under Administrative Code, Chapter 29.

A hearing was requested via item 180164 to provide consultation and input to the Mayor and Department of Human Resources on the successor Memorandum of Understanding negotiations between the City and County of San Francisco and the San Francisco Police Officers Association; and requesting the Department of Human Resources, Police Department, and the San Francisco Police Officers Association negotiators to report.

A hearing was requested via item 180165 to receive an update on the federal budget and any related impacts to the City; and requesting the Controller's Office and the Mayor's Budget Office to report.

A hearing was requested via item 180166 on the findings and recommendations of the Safer Schools Sexual Assault Task Force; and requesting the Department on the Status of Women and any available non-DOSW (Department on the Status of Women) members of the Safer Schools Sexual Assault Task Force to report.

A hearing was requested via item 180167 on workforce development programs specific to the formerly or currently homeless, including but not limited to outcomes, costs, and benefits; and requesting Public Works and the Office of Economic and Workforce Development to report.

A hearing was requested via item 180168 on the Behavioral Health Court, including but not limited to costs, benefits, limitations, outcomes for participants, and possibility of scaling program up; and requesting the Office of the District Attorney, Office of the Public Defender, Sheriff's Department, Department of Public Health, and Office of the Controller to report.

A closed session was requested via item 180169 for the Board of Supervisors to convene on February 27, 2018, at 3:00 p.m., with the Department of Human Resources under Administrative Code, Section 67.10(e), and California Government Code, Section 54957.6, regarding negotiations with labor unions representing City employees; scheduled pursuant to Motion No. M18-015, approved February 13, 2018.

Ordinance No. 180130 was introduced, authorizing settlement of the lawsuit filed by Elizabeth A. Loomis against the City and County of San Francisco for $275,000; the lawsuit was filed on March 9, 2016, in San Francisco Superior Court, Case No. CGC-16-550880; entitled Elizabeth A. Loomis v. City and County of San Francisco, et al.; the lawsuit involves alleged personal injury due to a trip and fall.

Ordinance No. 180131 was introduced, authorizing settlement of the lawsuit filed by Mark Johnson, Franco S. Calzolai, and Michael Bryant against the City and County of San Francisco for $175,000; the lawsuit was filed on November 20, 2009, in the United States District Court for the Northern District of California, Case No. CV 09-5503 JSW; entitled Mark Johnson, et al. v. City and County of San Francisco, et al.; the lawsuit involves an employment dispute.