Imperium

Supervisor Yee, seconded by Supervisor Peskin, moved to excuse Supervisor Tang from attending today’s meeting, because she communicated her absence and requested to be excused. The motion carried.

President Breed inquired whether any Board Member had any corrections to the January 23, 2018, Board Meeting Minutes. There were no corrections. Supervisor Peskin, seconded by Supervisor Fewer, moved to approve the January 23, 2018, Board Meeting Minutes. The motion carried, following general public comment.

The board approved Ordinance 037-18, authorizing the settlement of the lawsuit filed by Mikaela Anna Merchant against the City and County of San Francisco for $50,000. The lawsuit was filed on November 29, 2016, in San Francisco Superior Court, Case No. CGC-16-555561, and involves an employment dispute.

The board approved Ordinance 038-18, authorizing the settlement of the lawsuit filed by Cesar and Fe Ponferrada against the City and County of San Francisco for $34,000. The lawsuit was filed on August 20, 2015, in San Francisco Superior Court, Case No. CGC-15-547492, and involves inverse condemnation arising out of flooding damage during major rainstorms.

The board approved Ordinance 039-18, authorizing settlement of the lawsuit filed by Rizaldi Gache against the City and County of San Francisco for $65,000. The lawsuit was filed on August 20, 2015, in San Francisco Superior Court, Case No. CGC-15-547492, and involves inverse condemnation arising out of flooding damage during major rainstorms.

The board approved Ordinance 042-18, authorizing settlement of the lawsuit filed by David Alfaro and Jessica Alfaro against the City and County of San Francisco for $75,000. The lawsuit was filed on August 20, 2015, in San Francisco Superior Court, Case No. CGC-15-547492, and involves inverse condemnation arising out of flooding damage during major rainstorms.

The board approved Ordinance 043-18, authorizing settlement of the lawsuit filed by Baikonur 1701 LLC against the City and County of San Francisco for $34,284.59. The lawsuit was filed on August 20, 2015, in San Francisco Superior Court, Case No. CGC-15-547492, and involves inverse condemnation arising out of flooding damage during major rainstorms.

The board approved Ordinance 030-18, authorizing settlement of the lawsuit filed by Elyse Duckett against the City and County of San Francisco for $250,000. The lawsuit was filed on May 9, 2014, in San Francisco Superior Court, Case No. CGC-14-539201, and involves an employment dispute.

The board approved Ordinance 044-18, authorizing a settlement of the lawsuit filed by the City and County of San Francisco against MBIA Inc., its affiliates, MBIA Insurance Corp. and MBIA Insurance Corp. of Illinois, and its former employee, Jason Kissane, for $388,591. The lawsuit was filed on October 8, 2008, in San Francisco Superior Court, Case No. CGC-08-480708, and involves breach of contract, fraud, and antitrust claims against bond insurance companies.

The board approved Ordinance 035-18, amending the Public Works Code to update provisions on street encroachment permits, establish appeals procedures and fees, waive occupancy assessment fees for certain permits, modify the permit process for governmental entities, and create a temporary street encroachment permit for a maximum period of 30 months. It also amends the Administrative Code to establish an encroachment maintenance fund for permits where the permittee is not an adjacent property owner.

The board approved Ordinance 036-18, 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.

The board approved Motion No. M18-016, appointing Ashley Raveche, term ending November 30, 2018, to the Ballot Simplification Committee.

The board approved Motion No. M18-017, appointing Nadia Sesay and Tilly Chang (alternate member), for indefinite terms, to the Transbay Joint Powers Authority.

The board approved Ordinance 032-18, amending the Mission Bay South Redevelopment Plan to remove a 0.3 acre parcel known as P20 from the Mission Bay South Redevelopment Plan Area.

The board approved Ordinance 034-18, establishing Project Area I (Mission Rock), and Sub-Project Areas I-1 through I-13 therein, of City and County of San Francisco Infrastructure Financing District No. 2 (Port of San Francisco).

The board approved Ordinance 033-18, 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.

The board approved Ordinance 031-18, amending the Planning Code and the Zoning Map to add the Mission Rock Special Use District.

The board approved Ordinance 029-18, authorizing Public Works, the Department of Homelessness and Supportive Housing, and the Department of Public Health to enter into contracts without adhering to the Administrative Code or Environment Code provisions regarding competitive bidding and other requirements for construction work, procurement, and personal services relating to identified Shelter Crisis Sites.

The board approved Ordinance 040-18, authorizing settlement of the lawsuit filed by Donald Spadini against the City and County of San Francisco for $120,600. Co-Defendant The Regents of the University of California is paying $59,400.

The board approved Ordinance 041-18, authorizing settlement of the lawsuit filed by David Zeller against the City and County of San Francisco for $290,000. 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.

The board adopted Resolution No. 048-18, authorizing the Community Corrections Partnership Executive Committee to develop funding recommendations for Local Innovation Subaccount Funds for pre-trial services and/or transitional reentry housing for justice-involved people between the ages of 18 to 35.

The board adopted Resolution No. 050-18, approving Modification No. 4 to Contract No. 8838, AirTrain Operations and Maintenance, with Bombardier Transportation (Holdings) USA, Inc., exercising the last one-year option to commence on March 1, 2018, for a total term of March 1, 2009, through February 28, 2019, and increasing the contract amount by $14,854,228 for a new total contract amount not to exceed $130,299,196.

The board adopted Resolution No. 051-18, authorizing the sublease of approximately 1,668 square feet at 1563 Mission Street with HealthRIGHT 360, a California nonprofit corporation, for a five-year initial term to commence March 1, 2018, through February 28, 2023.

The board adopted Resolution No. 052-18, authorizing the potential three-year renewal and amendment of a lease of approximately 27,826 square feet of space at 1390 Market Street with BRCP 1390 Market, LLC, as Landlord, for use by the Department of Public Health.

The board adopted Resolution No. 053-18, retroactively authorizing the General Manager of the San Francisco Public Utilities Commission to execute a second amendment to a site license agreement with TriStar Investors LLC, as Licensor for the installation of an additional microwave communications antenna at a telecommunications facility located on a portion of Stanislaus County Assessor’s Parcel No. 081-012-004-000.

The board adopted Resolution No. 054-18, retroactively authorizing the San Francisco Department of Public Health, Behavioral Health Services to enter into Contract Agreement No. 17-94155 for the Substance Abuse Prevention and Treatment Block Grant Services for FYs 2017-2018 through 2019-2020, with the California Department of Health Care Services.

The board adopted Resolution No. 055-18, authorizing the lease of approximately 794 square feet at 901 Fairfax Avenue, Hunters View Phase IIB - Block 10 with HV Partners Block 10, L.P., a California limited partnership, at the monthly base rent of $0 with reimbursement up to $100,000 to the landlord for tenant improvements, furniture, fixtures, and equipment, and additional $800 charge for utilities and services per month, for a 15-year term with options to extend for one-year terms commencing upon approval by the Board of Supervisors and Mayor.

The board adopted Resolution No. 056-18, retroactively authorizing the Department of the Environment to accept and expend grant funds from the Association of Bay Area Governments in the amount of $511,017 to perform energy efficiency program implementation, as part of a Bay Area Regional Energy Network program.

Supervisor Yee, seconded by Supervisor Peskin, moved that the Motion ordering submitted to the voters, at an election to be held on June 5, 2018, an Ordinance amending the Business and Tax Regulations Code and Administrative Code to impose an additional tax on the gross receipts from the lease of commercial space in the City, in the amount of 1% for warehouses and 3.5% for other commercial uses, to fund the Babies and Families First Fund for quality early care and education for children from birth through five years of age and the General Fund; exempting from the additional tax rents from industrial, artist, non-formula retail, nonprofit, and government uses; increasing the City’s appropriations limit by the amount collected under the new tax for four years from June 5, 2018; and affirming the Planning Department’s determination under the California Environmental Quality Act. The motion carried.

The board passed on first reading an Ordinance amending the Planning Code to establish the Geary-Masonic Special Use District in the area generally bounded by Geary Boulevard to the south, Masonic Avenue to the east, and Assessor’s Parcel Block No. 1071, Lot Nos. 001 and 004, to the north and west, respectively, amending Sheet SU03 of the Zoning Map.

The board passed on first reading an Ordinance amending the Planning Code to regulate restaurant and bar uses in the Jackson Square Special Use District, Broadway Neighborhood Commercial District, North Beach Neighborhood Commercial District, and North Beach Special Use District.

The board adopted Resolution No. 049-18, determining that the transfer of a Type-21 off-sale general beer, wine, and distilled spirits liquor license to Verve Holdings CA, LLC, doing business as Verve located at 2358 Fillmore Street (District 2), will serve the public convenience or necessity of the City and County of San Francisco, in accordance with California Business and Professions Code, Section 23958.4.

The board approved Motion No. M18-018, verifying that Café Envy LLC, doing business as Café Envy, located at 1701 Yosemite Avenue, has completed the preapplication meeting requirement under California Business and Professions Code, Section 23826.13, for the issuance of a new, non-transferable, Type-87 neighborhood-restricted special on-sale general liquor license.

The board passed on first reading an amended Ordinance amending the Campaign and Governmental Conduct Code to disqualify members of City boards and commissions who have not filed their Form 700s (Statements of Economic Interests), Sunshine Ordinance Declarations, and Certificates of Ethics Training from participating in or voting on matters before their boards and commissions, and to modify the Ethics Commission’s reporting requirements regarding the filing of Form 700s. Several amendments were made to the ordinance to clarify waiver processes and notification procedures.

The board approved Motion No. M18-019, approving the Mayoral nomination of Milicent Johnson to the Planning Commission, for a term ending June 30, 2018.

The board approved Motion No. M18-020, reappointing Kathleen Dooley, term ending January 6, 2022, to the Small Business Commission.

Supervisor Cohen introduced, welcomed, and presented Certificates of Honor to the Black Student Union of Willie Brown Middle School, accepted by Principal Charleston Brown on their behalf, in recognition of their advocacy against junk food in school environments.

The board opened a public hearing regarding an appeal of a determination of exemption from environmental review for a proposed project at 401 Main Street. Supervisor Kim informed the Board that the appellant submitted correspondence withdrawing their appeal. The board closed public comment and declared the public hearing heard and filed.

The board approved Motion No. M18-022, affirming the determination by the Planning Department that a proposed project at 401 Main Street is categorically exempt from further environmental review.

Supervisor Kim, seconded by Supervisor Peskin, moved that the Motion to conditionally reverse the determination be TABLED. Supervisor Kim, seconded by Supervisor Peskin, moved that the Motion to direct the Clerk of the Board to prepare findings reversing the determination by the Planning Department be TABLED.

The board convened in closed session pursuant to Motion No. M18-15 (File No. 180140), approved on February 13, 2018, for conference with labor negotiators. No action was taken and the hearing was filed.

Various members of the public shared their concerns and opinions on a wide array of subjects.

The board adopted Resolution No. 057-18, opposing the repeal of the Clean Power Plan and urging the United States Environmental Protection Agency to continue implementing the Plan’s critical policies that require states to reduce harmful greenhouse gas emissions and generate cleaner energy.

The board approved Motion No. M18-021, authorizing preparation of written Proponent ballot arguments and rebuttal ballot arguments for submittal to the voters at the June 5, 2018, Consolidated Primary Election. An amendment was made to strike names for certain arguments.

Ordinance 180184 was introduced, amending the Administrative and Planning Codes to give effect to the Central South of Market Area Plan.

Ordinance 180185 was introduced, amending the Zoning Map of the Planning Code to create the Central South of Market (SoMa) Special Use District.

Ordinance 180186 was introduced, de-appropriating $13,348,029 from permanent salaries, fringe benefit expenses, and non-personnel services, and appropriating $13,348,029 to overtime in the Sheriff’s Department, Police Department, and the Department of Emergency Management operating budgets.

Ordinance 180187 was introduced, amending the Planning Code to reauthorize provisions that support the development of new Production, Distribution, and Repair (PDR) space in specified PDR Zoning Districts.

Ordinance 180188 was introduced, amending the Administrative Code to repeal law enforcement data collection and reporting requirements associated with traffic stops, detentions, and arrests.

Ordinance 180189 was introduced, accepting the irrevocable offer of public infrastructure acquisition facilities associated with the Mission Bay South Mariposa Street intersection infrastructure improvements adjacent to Highway Interstate 280.

Ordinance 180190 was introduced, amending the Planning Code to extend the Lower Polk Street Alcohol Restricted Use District for five years.

Ordinance 180191 was introduced, amending the Planning Code to permit as of right Public Parking Lot uses where the parcel is located in both the Glen Park Neighborhood Commercial Transit and RH-2 (Residential, House Districts, Two-Family) zoning districts.

Ordinance 180192 was introduced, amending the Administrative Code to declare the second Monday in October each year to be Italian American Heritage Day in addition to Indigenous Peoples Day.

Ordinance 180193 was introduced, amending the Municipal Elections Code to implement Proposition N, adopted at the November 8, 2016, election, by requiring the Department of Elections to develop a voter registration affidavit for certain non-United States citizens to vote in School Board elections.

Resolution 180194 was introduced, retroactively authorizing the Sheriff’s Department to apply for, accept, and expend $300,000 Justice and Mental Health Collaboration Grant Program funds.

Resolution 180195 was introduced, urging the Planning Commission to recommend amendments to the General Plan to add the Central South of Market Area Plan.

Resolution 180196 was introduced, authorizing the appointment of alternate directors to serve on the Transbay Joint Powers Authority Board of Directors.

Resolution 180197 was introduced, authorizing the General Manager of the San Francisco Public Utilities Commission to accept a gift of snowflake lights valued at $134,757 from the Market Street Association.

Resolution 180198 was introduced, urging the Mayor and the Department of Human Resources to work with the public sector unions in San Francisco to ensure their health and success and supporting the freedom of city employees to participate in strong unions post a United States Supreme Court decision on Janus v. AFSCME.

Resolution 180199 was introduced, urging San Francisco’s State Legislative Delegation to introduce state legislation to enable San Francisco to impose Infrastructure Impact Fees on Transportation Network Companies.

Resolution 180200 was introduced, declaring support for the March 24, 2018, "March for Our Lives" for common sense gun reform and commending the students in San Francisco and around the nation for leading a movement to demand common sense gun laws and school safety measures.

Motion 180201 was introduced scheduling the Board of Supervisors to sit as a Committee of the Whole on April 3, 2018, in a joint meeting with the San Francisco Ethics Commission, to hold a public hearing to consider the proposed Ordinance (File No. 180001) - the Anti-Corruption and Accountability Ordinance - amending the Campaign and Governmental Conduct Code to institute various campaign finance and conflict of interest reforms.

Hearing 180202 was requested on domestic violence and child abuse with findings and recommendations; and requesting the Family Violence Council to report.

Hearing 180203 was requested on the work of the Our Children, Our Families Council, including the Outcomes Frameworks, measurable outcomes achieved, update on the working groups, department participation, and strategies implemented to promote coordination, increasing accessibility, current unmet need, and enhancing the effectiveness of programs and services for children, youth, and families; and requesting the Our Children, Our Families Council to report.