Imperium

San Francisco County

Meeting on Affordable Housing, Health Care, and Board Rule Amendments

The San Francisco Board of Supervisors met on February 14, 2017, to address a range of issues. Mayor Lee spoke about healthcare access. The Board passed ordinances relating to the Dignity Fund, eliminating city fees, and regulations for new hotels near entertainment venues. They also considered affordable housing projects, including a debated project on Shotwell Street. Several resolutions concerning contract amendments, and the annual reports of various Community Benefit Districts were passed. Additionally, legislation was introduced on automated speed enforcement, child care protections, affordable teacher housing, and other matters.

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Remarks

The Mayor discussed health care uncertainties and San Francisco's efforts to ensure resident access to coverage and services.

Mayor Edwin Lee addressed the Board, wishing everyone a Happy Valentine's Day and discussing the uncertainties surrounding health care and medical research. He emphasized San Francisco's commitment to ensuring that all residents have continued access to healthcare coverage and medical services in light of these uncertainties. No specific action was taken following the Mayor's address.

Unfinished Business

The Board passed an ordinance amending the Administrative Code concerning the Dignity Fund Oversight and Advisory Committee.

The Board considered a recommendation from the Rules Committee regarding Ordinance 161350. This ordinance amends the Administrative Code to define the structure, functions, terms, and administrative support for the Dignity Fund Oversight and Advisory Committee. This was initially required by Charter, Section 16.128-11, and adopted as part of Proposition I in the November 8, 2016, election. The ordinance was FINALLY PASSED with a unanimous vote of 11-0.

Unfinished Business

The Board passed an ordinance eliminating various fees imposed by the City.

The Budget and Finance Committee's recommendation on Ordinance 161316 was considered. The ordinance aims to eliminate various fees imposed by the City by amending the Administrative, Business and Tax Regulations, and Police Codes. Supervisor Farrell requested to be added as a co-sponsor. The ordinance was FINALLY PASSED unanimously with an 11-0 vote.

New Business

The Board continued a resolution regarding applications for 2017 Emergency Preparedness Grants to the February 28th meeting.

Resolution 161354, sponsored by the Mayor, was reviewed. It concerned authorizing City officials to execute and file necessary actions to obtain State and Federal financial assistance under various grant programs, including the Federal Fiscal Year 2017 Urban Areas Security Initiative Grant, the Federal Fiscal Year 2017 State Homeland Security Grant Program, the 2017 Emergency Management Performance Grant, and the 2017 Local Government Oil Spill Contingency Plan Grant Program. Supervisor Cohen, seconded by Supervisor Kim, moved to CONTINUED this resolution to the Board of Supervisors meeting of February 28, 2017. The motion carried unanimously.

New Business

The Board adopted a resolution authorizing a sublease for property at 1440 Harrison Street for use by the Human Services Agency.

Resolution 161363 was considered, regarding a sublease for the property at 1440 Harrison Street with Harrison Assets, LLC. The sublease is for the term of July 1, 2017, through September 30, 2025, and involves approximately 56,788 square feet at $298,137 monthly, totaling $3,577,644 in the first year, with annual 3% increases starting in 2018. There are also three five-year options to extend. The property is intended for use by the Human Services Agency. Claudia Gorham of the Real Estate Division provided information and answered questions. Supervisor Yee requested a letter to the San Francisco Unified School District regarding the City's interest in leasing or purchasing the property. President Breed emphasized the importance of preparedness for future Board hearings. Resolution No. 046-17 was ADOPTED unanimously.

New Business

The Board adopted a resolution accepting and expending a gift to the Citywide Affordable Housing Fund.

Resolution 161073, sponsored by Supervisor Kim, was reviewed, concerning authorization for the Mayor’s Office of Housing and Community Development to accept and expend a gift of $6,010,047 from RDF 75 Howard LP to the Citywide Affordable Housing Fund. Resolution No. 043-17 was ADOPTED unanimously.

New Business

The Board adopted a resolution approving a modification to a professional services agreement for operation and maintenance of the AirTrain System.

Resolution 161266, relating to the Airport, was considered. It involved approving Modification No. 3 to Professional Services Agreement, Airport Contract No. 8838, between Bombardier Transportation (Holdings) USA, Inc., and the City and County of San Francisco, acting by and through its Airport Commission. The modification exercises the first of two one-year options from March 1, 2017, through February 28, 2018, to provide operation and maintenance services for the AirTrain System, and covers the replacement of obsolete AirTrain parts and equipment. The new not-to-exceed amount is $115,444,968 pursuant to Charter, Section 9.118(b). Resolution No. 044-17 was ADOPTED unanimously.

New Business

The Board adopted a resolution authorizing the Tax Collector to sell tax-defaulted real property at public auction.

Resolution 170009 was reviewed, which authorizes the Tax Collector to sell certain parcels of tax-defaulted real property at public auction. Resolution No. 047-17 was ADOPTED unanimously.

New Business

The Board adopted multiple resolutions approving contract amendments related to technology marketplace contracts.

President Breed requested File Nos. 170010, 170011, 170012, 170013, and 170014 be called together. These resolutions concern contract amendments for various Technology Marketplace contractors. They are: Resolution 170010 - AdvanTel Networks contract amendment to increase the contract limit from $9,900,000 to $15,000,000. (Resolution No. 037-17 ADOPTED). Resolution 170011 - ComputerLand of Silicon Valley contract amendment to increase the contract limit from $44,000,000 to $58,000,000. (Resolution No. 038-17 ADOPTED). Resolution 170012 - En Pointe Technologies Sales, Inc. contract amendment to increase the contract limit from $50,000,000 to $77,000,000. (Resolution No. 039-17 ADOPTED). Resolution 170013 - Xtech JV contract amendment to increase the contract limit from $56,000,000 to $94,000,000. (Resolution No. 040-17 ADOPTED). Resolution 170014 - InterVision Systems Technologies, Inc. contract amendment to increase the contract limit from $15,499,000 to $30,000,000. (Resolution No. 041-17 ADOPTED). All resolutions were adopted unanimously.

New Business

Supervisor Safai was excused from voting on a resolution concerning prevailing wage rates.

Supervisor Safai requested to be excused from voting on File No. 170015 due to a possible conflict of interest. Supervisor Peskin, seconded by Supervisor Farrell, moved that Supervisor Safai be excused from voting on File No. 170015. The motion carried with 10 ayes and 1 excused. Resolution 170015, regarding prevailing wage rates for individuals engaged in loading, unloading, and driving commercial vehicles on City property was ADOPTED with a vote of 10 ayes and 1 excused.

New Business

The Board passed an ordinance on first reading to authorize the Entertainment Commission to hold hearings on noise issues related to new hotels near entertainment venues.

The Land Use and Transportation Committee's recommendation on Ordinance 161064 was considered. This ordinance amends the Administrative and Planning Codes to authorize the Entertainment Commission to hold a hearing on noise issues related to proposed projects for construction of new hotels and motels, or conversions of existing structures to hotel or motel uses, to be located within 300 feet of a Place of Entertainment. The ordinance also provides recommendations to the Planning Department and/or Department of Building Inspection regarding such projects, and requires the Planning Department and Planning Commission to consider noise issues when reviewing proposed hotel and motel projects. Supervisor Farrell requested to be added as a co-sponsor. The ordinance PASSED, ON FIRST READING with a unanimous vote of 11-0.

New Business

The Board passed an ordinance on first reading to prohibit pet stores from selling dogs and cats not obtained from rescue organizations or shelters.

The Public Safety and Neighborhood Services Committee's recommendation on Ordinance 161352 was reviewed. The ordinance amends the Health Code to prohibit pet stores from selling dogs or cats not obtained from animal rescue organizations or shelters, and prohibiting the sale of puppies or kittens under eight weeks old. Supervisors Farrell and Cohen requested to be added as co-sponsors. The ordinance PASSED, ON FIRST READING with a unanimous vote of 11-0.

New Business

The Board adopted a resolution determining that the transfer of a liquor license will serve the public convenience or necessity.

Resolution 161268 was considered, determining that the transfer of a Type 48 on-sale general public premises license to Emporium SF, LLC, dba Emporium San Francisco, located at 616 Divisadero Street (District 5), will serve the public convenience or necessity of City and County of San Francisco in accordance with California Business and Professions Code, Section 23958.4. The Board recommended that the California Department of Alcoholic Beverage Control impose conditions on the issuance of the license. Resolution No. 045-17 was ADOPTED unanimously.

New Business

The Board did not approve, as amended, a motion amending Board Rules regarding the administration of oaths.

The Rules Committee's recommendation on Motion 161136 was considered. The motion aimed to amend the Board of Supervisors Rules of Order to set forth the process for administration of oaths to individuals testifying before the Board, and to authorize the Government Audit and Oversight Committee to administer oaths. Jon Givner (Office of the City Attorney) provided input and answered questions. Supervisor Peskin, seconded by Supervisor Yee, moved to amend the motion. The amendment carried unanimously. However, the motion was NOT APPROVED AS AMENDED pursuant to Board Rule 3.26.1, which requires a two-thirds affirmative vote, with a vote of 7 ayes and 4 noes.

New Business

The Board approved the reappointment of Naomi Kelly as City Administrator.

Motion 170109, sponsored by the Mayor, was considered, confirming the reappointment of Naomi Kelly for a five-year term as City Administrator under Charter, Section 3.104. Motion No. M17-019 was APPROVED unanimously.

New Business

The Board approved, as amended, a motion amending Board Rules to create a Budget and Finance Select Committee on Federal Policy Changes.

Motion 170118, sponsored by President Breed and Supervisor Cohen, was reviewed. The motion amends the Rules of Order of the Board of Supervisors by making clarifying amendments to Rule 3.27 Public Safety and Neighborhood Services, and Rule 3.28 Land Use and Transportation Committee; striking Rule 3.31 to remove the Joint City and School District Select Committee; and adding Rule 3.29 to create a Budget and Finance Select Committee on Federal Policy Changes. Supervisor Cohen requested to be added as a co-sponsor. Supervisor Breed, seconded by Supervisor Tang, moved to amend the motion. The motion carried unanimously. Motion No. M17-020 was APPROVED AS AMENDED with a unanimous vote.

New Business

Supervisor Cohen was excused from voting on a motion regarding her appointment to the California State Association of Counties, which was then approved.

Supervisor Tang, seconded by Supervisor Safai, moved that Supervisor Cohen be excused from voting on File No. 170146. The motion carried with 10 ayes and 1 excused. Motion 170146 appoints Supervisor Malia Cohen, for a one-year term, to the California State Association of Counties. (Rules Committee) Motion No. M17-021 was APPROVED with a vote of 10 ayes and 1 excused.

New Business

Supervisor Sheehy was excused from voting on a motion regarding his appointment to the Bay Area Air Quality Management District Board of Directors, which was then approved.

Supervisor Yee, seconded by Supervisor Farrell, moved that Supervisor Sheehy be excused from voting on File No. 170147. The motion carried with 10 ayes and 1 excused. Motion 170147 appoints Supervisor Jeff Sheehy, for a four-year term, to the Bay Area Air Quality Management District Board of Directors. (Rules Committee) Motion No. M17-022 was APPROVED with a vote of 10 ayes and 1 excused.

New Business

The Board approved appointments to the Veterans Affairs Commission.

Motion 170148 appoints Victor Olivieri, Kelsey Campbell, David Chasteen, and Dorothy "Dottie" Guy, for the unexpired portion of four-year terms, to the Veterans Affairs Commission. (Rules Committee) Motion No. M17-023 was APPROVED unanimously.

Remarks

The Board recognized Deputy Chief Garret Tom, Dennis Peron, Victor Lee, and Pedro Hermosillo with Certificates of Honor.

Supervisor Tang introduced Deputy Chief Garret Tom, who was presented with a Certificate of Honor on the occasion of his retirement from the Police Department. Supervisors Kim, Fewer, Peskin, and Cohen shared in this commendation. Supervisor Sheehy introduced Dennis Peron, who received a Certificate of Honor for his role in legalizing medical cannabis. Supervisor Fewer introduced Victor Lee, Recreation Coordinator for the Golden Gate Park Senior Center, who was recognized with a Certificate of Honor for his work with senior citizens. Katherine Hill (Recreation and Park Department) shared in this commendation. Supervisor Cohen introduced Pedro Hermosillo, of Pedro’s Moving & Storage, and presented him with a Certificate of Honor for his small business's growth and economic development efforts in the Bayview.

Hearing

The Board heard and filed a hearing on an appeal of the Planning Department's determination of streamlined environmental review for a proposed affordable senior housing project at 1296 Shotwell Street.

President Breed opened a public hearing on File Nos. 170024, 170025, 170026, and 170027, related to the proposed infill project at 1296 Shotwell Street. The appellant, Craig Weber, argued against the project's streamlined environmental review, citing neighborhood concerns. Supporters of the appeal included Erica Levin, Albert Pastine, Lucy Junus, Jane Perry, Tom Gilberty, Doug Wildman, and Emily Sharkey. Lisa Gibson and Alana Callagy of the Planning Department defended the streamlined review determination. Elaine Yee, representing the project sponsor, requested the Board to uphold the Planning Department's decision. Speakers supporting the project and opposing the appeal included Joel Schmeltzer, Fran Taylor, Sam Moss, Jasmine, Blanca Diaz, Miriam Madrigal, Chirag Bhakta, Saimay, Rob Poole, Iris Biblowitz, James Tracy, Tony Robles, Peter Cohen, Kevin Burke, Laura Clark, Milo Strauss, Charlie Sciammas, Maria Binta, Jordan Davis, J. Scott Weaver, Soledad M. Fipeda de Gutierrez, Diana Martinez, Ramon Quintero, Andy Blue, Leslie Dreyer, Susan Marsh, Sharon York, Erick Arguello, John Mendoza, Otto Duffy, Fernando Marti, Eric Hall, Peter Papadopoulos, Marilyn Duran, Wendy, and Iris Merriam. Weber offered a rebuttal. The hearing was closed and filed.

Committee of the Whole

The Board affirmed the Planning Department's determination of streamlined environmental review for the proposed project at 1296 Shotwell Street.

Motion 170025, affirming the determination of streamlined environmental review, was moved by Supervisor Ronen and seconded by Supervisor Peskin, was APPROVED unanimously. Motion 170026, conditionally reversing the determination, was moved by Supervisor Ronen and seconded by Supervisor Peskin, was TABLED unanimously. Motion 170027, directing the Clerk to prepare findings reversing the determination, was moved by Supervisor Ronen and seconded by Supervisor Peskin, was TABLED unanimously.

Committee Report

The Board adopted a resolution authorizing the Sheriff's Department to apply for funding for the renovation of County Jail No. 2.

Resolution 170065, concerning a funding application to the Board of State and Community Corrections for the renovation of County Jail No. 2, was considered. Sheriff Vicki Hennessy and Jon Givner (Office of the City Attorney) responded to questions. Resolution No. 042-17 was ADOPTED unanimously.

Public Testimony

Members of the public shared concerns and thoughts related to the Board.

Andrew Yip shared various thoughts and experiences. Iris Merriam shared her aunt’s eviction experience. Peter Warfield expressed concerns about the San Francisco Public Library and fines. One speaker shared political and religious concerns. Tom Gilberty expressed concerns regarding President Trump, Supreme Court justices, and development projects.

Committee of the Whole

The Board approved an ordinance encouraging the Planning Commission to adopt General Plan Amendments Defining Family-Friendly Housing.

Supervisor Peskin requested that File No. 170161 be severed so that it may be considered separately. Resolution 170161 was AMENDED, however later CONTINUED AS AMENDED to the Board of Supervisors meeting of February 28, 2017. Supervisor Yee requested that File No. 170162 be severed so that it may be considered separately. Resolution 170162 urges the Planning Commission to initiate amendments to the General Plan’s Housing and Urban Design Elements regarding family-friendly housing and was APPROVED.

Legislation Introduced

The Board received and assigned legislation regarding the Kezar Pavilion boilers, community benefit districts, and more.

Resolution 170180 [Emergency Declaration - Kezar Pavilion Boilers - Estimated Cost of Repairs Exceeds $250,000] was RECEIVED AND ASSIGNED to Budget and Finance Committee. Resolution 170181 [Fisherman's Wharf and Fisherman's Wharf Portside Community Benefit Districts - Annual Report for FY2015-2016] was RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. Resolution 170182 [Greater Union Square Business Improvement District - Annual Report for FY2015-2016] was RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. Resolution 170183 [Approval of a 220-Day Extension for Planning Commission Review of Medical Cannabis Dispensaries (File No. 161229)] was REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Resolution 170184 [Castro/Upper Market Community Benefit District - Annual Report for FY2015-2016] was RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. Resolution 170185 [Noe Valley Community Benefit District - Annual Report for FY2015-2016] was RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. Resolution 170186 [Urging California State Legislature and Governor to Pass California State Assembly Bill 342 (Chiu) - Automated Speed Enforcement] was RECEIVED AND ASSIGNED to Public Safety and Neighborhood Services Committee. Resolution 170187 [Supporting California State Assembly Bill 60 (Santiago and Gonzalez Fletcher) - The Child Care Protections for Working Families Act] was REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Request for Hearing 170188 [Hearing - Plans to Create More Affordable Teacher Housing] was RECEIVED AND ASSIGNED to Land Use and Transportation Committee. Request for Hearing 170189 [Appointment, Local Agency Formation Commission - Supervisor Sandra Lee Fewer] was RECEIVED AND ASSIGNED to Rules Committee.

Legislation Introduced

The board received and assigned proposed resolutions from several departments.

Proposed Resolution 170150 [Lease Agreement - SP Plus–Hyde Parking Joint Venture - Northern Waterfront Surface Parking Lots - $2,955,607 Estimated Total Rent in First Year] was RECEIVED AND ASSIGNED to Budget and Finance Committee. Proposed Resolution 170152 [Agreement Extension - Airport Luggage Cart Lease and Operating Agreement - Smarte Carte, Inc. - Not to Exceed $4,250,605] was RECEIVED AND ASSIGNED to Budget and Finance Committee. Proposed Resolution 170153 [Real Property Lease - C & E Haas Development Company, LLC - 1 Bayview Park Road- Initial Annual Rental of $91,800] was RECEIVED AND ASSIGNED to Budget and Finance Committee. Proposed Resolution 170154 [Telecommunication Ground Lease - Emergency Radio Tower - State of California - San Bruno Mountain State Park - $43,884 Initial Annual Base Rent - $175,000 Payment to the State Park Benefit Fund] was RECEIVED AND ASSIGNED to Budget and Finance Committee. Proposed Resolution 170172 [2011 Lease and Use Agreement - Aer Lingus, Limited] was RECEIVED AND ASSIGNED to Budget and Finance Committee. Proposed Resolution 170173 [2011 Lease and Use Agreement - Turk Hava Yollari Anonim Ortakligi] was RECEIVED AND ASSIGNED to Budget and Finance Committee. Proposed Resolution 170174 [2011 Lease and Use Agreement - Redding Aero Enterprises, Inc.] was RECEIVED AND ASSIGNED to Budget and Finance Committee.