Imperium

San Francisco County

Meeting on Public Safety, Development, and Financial Matters

The San Francisco Board of Supervisors convened on March 3, 2020, addressing a diverse range of issues including public safety, land use, financial matters, and emergency response. Significant actions included passing legislation concerning crime victim data reporting, gun violence restraining orders, and COVID-19 emergency response. The Board also considered land use matters such as the Millennium Tower street vacation and the Potrero Power Station Mixed-Use Project, and approved several financial resolutions related to bond issuance, grants, and contracts. Public comment addressed a variety of local concerns, and the meeting featured a special order recognizing Women's History Month. New business included: * Legislation regarding Gun Violence Restraining Orders * HIPPA considerations for the city and county * $255 million in bond proceeds * Accepting a $100k gift * Accepting a $388k Recreation grant * Accepting $298k in Homeland Security funding * Approving multiple lease modifications * Approving final maps for Hunters Point Shipyard The supervisors voted in favor of supporting measures honoring Japanese Americans, supporting the Equal Rights Amendment, and creating the “Commission to Study and Develop Reparation Proposals for African-Americans Act."

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Consent Agenda

Reporting Crime Victim Data

The Board passed an ordinance requiring the Police Department to regularly report certain crime victim data pertaining to victims of Hate Crimes and other specified crimes, including Assault, Burglary, Theft, Robbery, Battery, Vandalism, Domestic Violence, Manslaughter, and Murder.

Consent Agenda

Settlement of Lawsuit - Families First, Inc.

The Board approved an ordinance authorizing settlement of the lawsuit filed on behalf of the City and County of San Francisco and five other counties against Families First, Inc. for $189,884.63. The lawsuit involved allegations that Families First failed to provide adequate Day Treatment Intensive mental health services, failed to utilize qualified personnel, and falsely certified that it was complying with Medi-Cal regulations.

Consent Agenda

Settlement of Lawsuit - San Francisco SRO Hotel Coalition, et al.

The Board approved an ordinance 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 settlement resolves a claim for attorney’s fees and costs following Petitioners’ challenge to Ordinance No. 38-17 on the grounds that it violated the California Environmental Quality Act and petitioners’ constitutional rights.

Consent Agenda

Settlement of Lawsuit - Jennie Feldman

The Board approved an ordinance authorizing settlement of the lawsuit filed by Jennie Feldman against the City and County of San Francisco for $150,000. The lawsuit involved alleged personal injury from a falling tree branch.

Consent Agenda

Settlement of Lawsuit - Virginia Ernster

The Board approved an ordinance authorizing settlement of the lawsuit filed by Virginia Ernster against the City and County of San Francisco for $70,000. The lawsuit involved an alleged personal injury from a vehicle collision.

Consent Agenda

Settlement of Lawsuit - Jamie Sanchez and Yovanna Sanchez

The Board approved an ordinance 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 involved a vehicle collision.

Consent Agenda

Settlement of Lawsuit - Vera Cort

The Board approved an ordinance authorizing settlement of the lawsuit filed by Vera Cort, Trustee of Cort Survivor Trust, against the City and County of San Francisco for $200,000. The lawsuit involved petitioner’s challenge to the City’s cancellation of her construction permits after petitioner demolished property in violation of the issued permits.

Consent Agenda

Settlement of Lawsuit - Garry Peace

The Board approved an ordinance authorizing settlement of the lawsuit filed by Garry Peace against the City and County of San Francisco for $43,500. The lawsuit involved an alleged personal injury while walking on a City sidewalk.

Consent Agenda

Settlement of Unlitigated Claim - Estate Research Associates

The Board adopted a resolution approving an updated settlement authority for the unlitigated claim filed by Estate Research Associates against the City and County of San Francisco for $82,465.14. The claim involved damages allegedly arising from the failure to properly administer two estates.

Consent Agenda

Police Code - Gun Violence Restraining Orders

The Board passed an ordinance amending the Police Code to require the Police Department to obtain Gun Violence Restraining Orders in certain circumstances.

Consent Agenda

Administrative Code - HIPAA Designation

The Board passed an ordinance amending the Administrative Code to designate the City and County of San Francisco as a hybrid entity under HIPAA, to require the City Administrator to prepare a report identifying those City departments that would qualify as covered entities or business associates under HIPAA, and to require the City Administrator to develop, maintain, and administer a citywide HIPAA compliance policy.

Unfinished Business

Approving a New Location for a Permittee’s Medical Cannabis Dispensary Permit

The Board passed an 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, provided certain conditions are met, including the permittee being verified as an Equity Applicant and having been evicted from the original location. Supervisors Stefani and Yee voted against.

New Business

Appropriation - Refunding General Obligation Bond Proceeds

The Board passed an ordinance appropriating not to exceed $255,000,000 from the issuance of one or more series of Refunding General Obligation Bonds.

New Business

Accept and Expend Gift - San Francisco 722 Montgomery, LLC

The Board adopted a resolution authorizing the Mayor’s Office of Housing and Community Development to accept and expend a gift of $100,000 from San Francisco 722 Montgomery, LLC, to the Citywide Affordable Housing Fund.

New Business

Accept and Expend Grant - Retroactive - California Department of Parks and Recreation

The Board adopted a resolution retroactively authorizing the Recreation and Park Department to accept and expend a Local Assistance Specified Grant in the amount of $388,000 from the California Department of Parks and Recreation for the West Portal Playground Project.

New Business

Accept and Expend Grant - Retroactive - Department of Homeland Security

The Board adopted a resolution retroactively authorizing the Police Department to accept and expend a grant in the amount of $298,414 from the Department of Homeland Security to purchase an underwater remote operated vehicle.

New Business

Lease of Real Property - 33 Gough LLC

The Board adopted a resolution approving and authorizing the Director of Property, on behalf of the Department of Homelessness and Supportive Housing, to lease real property located at 33 Gough Street.

New Business

Modification to License and Services Agreement - Airport Research and Development Foundation

The Board adopted a resolution approving Modification No. 2 to the License and Services Agreement with Airport Research and Development Foundation to extend the services term for use of application-based commercial ground transportation trip fee collection services.

New Business

General Obligation Refunding Bonds

The Board adopted a resolution authorizing the issuance from time to time on a tax-exempt or taxable basis, in one or more series, of not to exceed $1,482,995,000 aggregate principal amount of General Obligation Refunding Bonds.

New Business

Debt Policy - Controller's Office of Public Finance

The Board adopted a resolution approving the Controller's Office of Public Finance Debt Policy.

New Business

Contract Agreement - Universal Protection Service, LP

The Board adopted a resolution approving a contract with Universal Protection Service, LP for armed and unarmed security guard services for the Municipal Transportation Agency.

New Business

Public Auction - Tax-Defaulted Real Property

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

New Business

Real Property Lease - NPU, Inc. - United States Old Mint

The Board adopted a resolution authorizing and approving a Lease with NPU, Inc. for the United States Old Mint at 88 Fifth Street.

New Business

Planning Code - Obstructions in Required Setbacks, Yards, and Usable Open Space

The Board passed on first reading an ordinance amending the Planning Code to allow, in required setbacks, yards, and usable open space, all projections of an architectural nature if they meet the specified requirements and to allow bay windows that do not meet the specified requirements to apply for a Zoning Administrator waiver.

New Business

Transfer of Redevelopment Agency Real Property Assets

The Board adopted a resolution authorizing and approving the acceptance of certain real property assets from the Office of Community Investment and Infrastructure to the City and County of San Francisco, but then rescinded the vote and continued the resolution to the March 10, 2020 meeting.

New Business

Appointment, Street-Level Drug Dealing Task Force - Kenneth Kim

The Board approved a motion appointing Kenneth Kim to the Street-Level Drug Dealing Task Force.

New Business

Appointments, Veterans Affairs Commission - Douglas Boullard, William Barnickel, Courtney Miller, and Hanley Chan

The Board approved a motion appointing Douglas Boullard, William Barnickel, Courtney Miller, and Hanley Chan to the Veterans Affairs Commission.

New Business

Appointments, SOMA Community Stabilization Fund Community Advisory Committee - John Elberling, Misha Olivas, Raquel Redondiez, Allan Manalo, and Adam Mesnick

The Board approved a motion appointing John Elberling, Misha Olivas, Raquel Redondiez, Allan Manalo, and Adam Mesnick to the SOMA Community Stabilization Fund Community Advisory Committee.

Remarks

Special Order - Women's History Month Commendations

The Board recognized Women’s History Month and presented Certificates of Honor to Wendolyn Aragon, Nicole Termini Germain, Andrea Dew Steele, Hong Mei Pang, Carol Tatum, Theresa Kolish, Christine Weibel, Windy Click, Christin Evans, Susan Pfeifer, and Nadya Williams for their accomplishments and community support. They also presented a certificate to Dr. Emily Murase for her service to the city.

Committee of the Whole

Hearing on Millennium Tower Street Vacation

The Board, sitting as a Committee of the Whole, held a public hearing to consider the proposed ordinance ordering 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. The hearing was closed without public comment, other than a presentation by Javier Rivera of Public Works.

Unfinished Business

Street Vacation - Millennium Tower 301 Mission Perimeter Pile Upgrade Project

Following the Committee of the Whole hearing, the Board passed on first reading the ordinance ordering the vacation of the sidewalk portion of streets on the south side of Mission Street and the east side of Fremont Street to allow a structural upgrade of the Millennium Tower.

Hearing

Hearing - Appeal of Determination of Exemption From Environmental Review - 1531-1581 Howard Street and 118-134 Kissling Street

The Board held a hearing regarding an appeal of the determination of exemption from environmental review for a project at 1531-1581 Howard Street and 118-134 Kissling Street. Supervisor Haney moved to continue the hearing to the Board of Supervisors meeting of April 14, 2020, which passed.

Unfinished Business

Motions Related to 1531-1581 Howard Street and 118-134 Kissling Street

Three related motions regarding the environmental exemption determination for the project at 1531-1581 Howard Street and 118-134 Kissling Street were also continued to the April 14, 2020 meeting. These motions included affirming the exemption, conditionally reversing the exemption, and directing the Clerk to prepare findings to reverse the exemption.

Public Testimony

General Public Comment

Members of the public shared their experiences regarding gun violence, racism, elder abuse, taxi medallion holders, the Police Department, public transit announcements, policy changes, housing evictions, navigation centers, and other topics of concern.

Legislation Introduced

Commending the California State Assembly for Apology to Japanese Americans

The Board adopted a resolution commending the California State Assembly for passing House Resolution No. 77, which issued a formal apology to all Americans of Japanese ancestry for the unjust exclusion, removal, and incarceration of Japanese Americans in World War II internment camps.

Legislation Introduced

Supporting United States House Joint Resolution No. 79 (Speier) - Removing the Deadline for the Ratification of the Equal Rights Amendment

The Board adopted a resolution declaring support for United States House Joint Resolution No. 79, authored by Congresswoman Jackie Speier, which would allow for the final ratification of the Equal Rights Amendment.

Legislation Introduced

Supporting United States House Resolution No. 40 (Jackson Lee) - Commission to Study and Develop Reparation Proposals for African-Americans Act

The Board adopted a resolution supporting United States House Resolution No. 40, introduced by United States Representative Sheila Jackson Lee, Commission to Study and Develop Reparation Proposals for African-Americans Act.

Legislation Introduced

Urging Adoption of a Photograph Identification Policy for Patients Whose Physical Characteristics Have Been Changed Due to Medical Treatment

The Board adopted a resolution urging the California Department of Motor Vehicles to adopt a photograph identification policy, allowing patients undergoing medical treatment that changes their physical appearance to request a temporary extension of the stored photograph on their driver’s license or identification card.

Legislation Introduced

Concurring in Proclamation of Local Emergency - Coronavirus Response

The Board approved a motion concurring in the February 25, 2020, proclamation by Mayor London N. Breed declaring the existence of a local emergency in connection with preparations the City and County of San Francisco is making in response to the threat of an outbreak of the novel coronavirus COVID-19.

Legislation Introduced

Final Map 10058 - Hunters Point Shipyard Block 52

The Board approved Final Map 10058, Block 52 of Hunters Point Shipyard Phase 1, a three lot subdivision of Assessor’s Parcel Block No. 4591C, Lot Nos. 215, 216, 226, 227, and 560, comprised of Lot 1, Lot 2, and Lot A; and adopting findings pursuant to the General Plan, and the eight priority policies of Planning Code, Section 101.1.

Legislation Introduced

Urging Invalidation of 2019 Revenue Agreement - JC Decaux

The Board referred a resolution urging Public Works and the City Attorney to take immediate steps to cancel the City and County of San Francisco’s Revenue Agreement with JC Decaux to the Government Audit and Oversight Committee.

Legislation Introduced

Proposed Ordinances - Technical Corrections, Potrero Power Station Project, and Settlement of Lawsuits

Several proposed ordinances were introduced, including one for technical corrections to the Planning Code and other codes, one for the Potrero Power Station Mixed-Use Project, and several authorizing settlement of lawsuits, including those filed by Juan Ortiz, Erlinda Barahona and Saul Barahona, and Nancy Barsotti, et al.

Legislation Introduced

Proposed Resolutions - Concession Lease Amendments and Professional Services Agreement

Numerous resolutions were introduced related to concession lease amendments and a professional services agreement modification at the airport. These resolutions involved extending base operating terms and amending agreements with various vendors at SFO.

Legislation Introduced

Proposed Resolutions - Acceptance of Grant Funds and Settlement of Unlitigated Claim

Resolutions included accepting grant funds from the Board of State and Community Corrections for recruitment and training for the Sheriff's Department, settlement of an unlitigated claim with Jennifer Roldan for property damage due to a water main rupture, and settlement of an unlitigated claim with Bryan Carmody.