Supervisor Peskin was excused from the meeting due to an absence.
Supervisor Aaron Peskin informed the Board of his absence and requested to be excused from the meeting, which was approved by a vote of 10-0 with Peskin excused.
The San Francisco Board of Supervisors met on March 20, 2018, addressing a variety of issues including budget adjustments, land use, and social policy. Key actions included passing ordinances related to autonomous delivery device testing fees, amending the Health Code to ban the sale and manufacture of fur products with a grace period for existing inventory, and considering ordinances related to criminal history in employment and housing decisions and Mayor appearances. The Board also approved resolutions to accept grants for fire equipment and the Youth Firesetter Program, and recognized Women's History Month with commendations. Several new ordinances were introduced including limits to hotel uses in the Telegraph Hill-North Beach district, as well as Campaign finance and conflict of interest reforms. Public comment focused on concerns related to rape kits, affordable housing, fire department response times, and the taxi industry. The Board also approved several development projects and set the stage for future hearings on issues such as sexual assault case handling, affordable housing, and employment opportunities for older adults and adults with disabilities.
Supervisor Aaron Peskin informed the Board of his absence and requested to be excused from the meeting, which was approved by a vote of 10-0 with Peskin excused.
The Board approved the February 13, 2018, Board Meeting Minutes by a vote of 10-0, with Supervisor Peskin excused, following general public comment.
Ordinance No. 051-18 appropriating $2,837,223 from the San Francisco Municipal Transportation Agency (SFMTA) Sutter Stockton Garage operating and retail rentals revenues to the SFMTA Sustainable Streets operating fund for parking management operations in FY2017-2018 was finally passed.
Ordinance No. 052-18, amending Ordinance No. 157-17 (Annual Salary Ordinance FYs 2017-2018 and 2018-2019) to reflect the addition of seven new positions (1.75 FTEs) in FY2017-2018 at the Office of the Public Defender for supporting immigration unit expansion to defend immigrants from deportation, was finally passed.
Ordinance No. 053-18 appropriating $441,617 from the General Reserve and $440,883 from the State and Federal Contingency Reserve to the Office of Public Defender to expand the immigration unit, and to the Mayor’s Office of Housing and Community Development to fund legal representation and rapid response social services in FY2017-18, was finally passed.
Ordinance No. 049-18 amending the Planning Code to designate 2117-2123 Market Street (aka New Era Hall) as a Landmark was finally passed.
Motion No. M18-031 appointing Mark Scheuer and Steven Currier to the Park, Recreation and Open Space Advisory Committee, with terms ending February 1, 2020, was approved.
Ordinance No. 050-18 amending the Public Works Code to establish fees for Autonomous Delivery Device Testing permits and appeals of Public Works Director’s decisions regarding such permits, and to increase fees for Nighttime Work permits, was finally passed by a vote of 10-0, with Supervisor Peskin excused.
Supervisor Sheehy, seconded by Supervisor Safai, moved that the Ordinance amending the Planning Code to designate the wall located at the intersection of Diamond Heights Boulevard and Clipper Street (aka Diamond Heights Safety Wall) be RE-REFERRED to the Land Use and Transportation Committee. The motion carried by the following vote: Ayes: 10 - Breed, Cohen, Fewer, Kim, Ronen, Safai, Sheehy, Stefani, Tang, Yee Excused: 1 - Peskin
Ordinance 180113, sponsored by the Mayor, concerned the de-appropriation of $926,000 from permanent salaries and re-appropriation to overtime budget in the Police Department for security services at the Airport Bureau in FY2017-2018, as required per Ordinance No. 194-11. It required a two-thirds vote for approval and passed on first reading by a vote of 10-0 with Supervisor Peskin excused.
Ordinance 180186, sponsored by the Mayor, involved de-appropriating $13,348,029 from salaries, fringe benefits, and non-personnel services, and appropriating it to overtime in the Sheriff’s Department, Police Department, Department of Emergency Management, and to salaries in the Public Health Department in FY2017-2018, as required per Ordinance No. 194-11. It required a two-thirds vote for approval and passed on first reading by a vote of 10-0 with Supervisor Peskin excused.
Resolution No. 066-18 approving the International Terminal Duty Free and Luxury Stores Lease No. 17-0303 between DFS Group, LP and the City and County of San Francisco for a 14-year term, with an initial Minimum Annual Guarantee of $42,000,000, was adopted by a vote of 10-0 with Supervisor Peskin excused.
Resolution No. 067-18 retroactively authorizing the Fire Department to accept and expend a grant of $785,762 from the Federal Emergency Management Agency to purchase thermal imaging cameras and resources for its Stress Unit was adopted by a vote of 10-0 with Supervisor Peskin excused.
Resolution No. 068-18 retroactively authorizing the Fire Department to accept and expend a grant of $215,380 from the Federal Emergency Management Agency for resources related to the Youth Firesetter Prevention & Intervention Program was adopted by a vote of 10-0 with Supervisor Peskin excused.
Ordinance 171317 amending the Health Code to ban the sale and manufacture of animal fur products in San Francisco was amended on Page 5, Lines 15-21, to add a new ‘Section 1D.4(e)’ providing an exception to enforcement between January 1, 2019 and December 31, 2019 for the sale of fur products purchased or obtained on or before March 20, 2018, provided proof of purchase is shown. It then passed on first reading as amended by a vote of 10-0 with Supervisor Peskin excused. Supervisor Sheehy requested to be added as a co-sponsor.
Ordinance 180087 amending the Park Code to treat the rooftop park located above the Transbay Transit Center as a City park for certain purposes, and amending the Health Code to prohibit smoking on the rooftop park, was passed on first reading by a vote of 10-0 with Supervisor Peskin excused.
Ordinance 171170 amending the Police Code to prohibit employers and housing providers from inquiring about convictions for decriminalized behavior, including cannabis use, reducing the number of employees required for an employer to be covered by the Fair Chance Ordinance, prohibiting inquiries about conviction history until after a conditional job offer, authorizing penalties for violations, creating a private right of action, and amending the Administrative Code to require City contractors and subcontractors to adhere to these requirements, was passed on first reading by a vote of 10-0 with Supervisor Peskin excused.
Ordinance 180088 amending the Administrative Code to modify the process for the Mayor to appear at the Board of Supervisors for a question-and-answer session was continued on first reading to the Board of Supervisors meeting of April 3, 2018, by a vote of 10-0 with Supervisor Peskin excused. Supervisor Stefani dissented in Committee.
Motion No. M18-032 approving the Mayor's nomination of Paul Henderson as the Director of the Department of Police Accountability was approved by a vote of 10-0 with Supervisor Peskin excused. Privilege of the floor was granted unanimously to Paul Henderson, Director (Department of Police Accountability), who responded to questions raised throughout the discussion.
Motion No. M18-033 approving the Mayor’s nomination of Kate Black for appointment to the Historic Preservation Commission was approved by a vote of 10-0 with Supervisor Peskin excused.
The Board suspended Rule 5.36 to grant privilege of the floor for guests. President Breed provided opening remarks and Dr. Emily Murase, Director (Department on the Status of Women), presented additional information on the “Women Making History Awards Ceremony.” Supervisors introduced, welcomed, and presented Certificates of Honor to individuals in recognition of Women’s History Month, their accomplishments, and their continued community support: Seema Daryanani, Valerie Ziegler, Amalia Martinez, Connie Moy, Ana Handelman, Johana Esmelanda Ramirez, Claudine Bingham, Kathe Burick, Candace Wong, Yensing Sihapanya, and Dr. Estela R. Garcia.
Resolution No. 069-18 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 for use for the annual Market Street snowflake lights program, was adopted by a vote of 10-0 with Supervisor Peskin excused.
Several members of the public spoke during public comment, raising concerns about a variety of topics including the backlog of rape kits and rights of rape victims, discrimination in affordable housing, Fire Department response times, the plight of taxi medallion holders, displacement from rent control housing and luxury townhome construction, the lack of mayoral forums in the Fillmore, lack of noticing for development projects, and funding for Citywide Case Management.
Resolution No. 070-18 declaring March 11, 2018, through March 18, 2018, as Arbor Week in the City and County of San Francisco was adopted.
Resolution No. 071-18 declaring support for United States House of Representatives Bill 669, the Restricting First Use of Nuclear Weapons Act of 2017, was adopted.
Motion No. M18-034 approving Final Map 7971, a 423 mixed-use condominium project at 65 Ringold Street, was approved.
Motion No. M18-035 approving Final Map 8923, a 12 residential unit and one commercial unit, mixed-use condominium project at 1 Hill Street, was approved.
Motion No. M18-036 directing the Clerk of the Board to issue a subpoena duces tecum to Ramin Golesorkhi to appear at the Government Audit & Oversight Committee on April 4, 2018, regarding the projects at 301 Mission Street and 80 Natoma Street, was approved.
Ordinance 180156, sponsored by Breed, was introduced to amend the Health Code to designate the City Attorney rather than the District Attorney to institute judicial proceedings under the Lanterman-Petris-Short Act for persons with mental health disorders. It was assigned to the Public Safety and Neighborhood Services Committee.
Ordinance 180190, sponsored by Peskin, was introduced to amend the Planning Code to extend the Lower Polk Street Alcohol Restricted Use District to June 1, 2023. It was assigned to the Land Use and Transportation Committee.
Ordinance 180267, sponsored by Peskin, was introduced to amend the Planning Code to limit hotel uses in the Telegraph Hill - North Beach Residential Special Use District and the North Beach Neighborhood Commercial District. It was assigned to the Land Use and Transportation Committee.
Ordinance 180268, sponsored by Tang, was introduced to amend the Planning Code and Building Code regarding Accessory Dwelling Units (ADUs), including waiving bicycle parking requirements, allowing legalization of unauthorized units, and exempting certain ADUs from permit notification. It was assigned to the Land Use and Transportation Committee.
Ordinance 180280, sponsored by Peskin, was introduced to amend the Campaign and Governmental Conduct Code regarding campaign finance and conflict of interest, including prohibiting earmarking of contributions, modifying contributor card requirements, and requiring additional disclosures. It was assigned to the Rules Committee.
Resolution 180269, sponsored by the Mayor, was introduced to authorize the filing of an application for funding from the Metropolitan Transportation Commission (MTC) for $19,346,000 in OneBayArea Grant funds and was RECEIVED AND ASSIGNED to Budget and Finance Sub-Committee.
Resolution 180270, sponsored by the Mayor, retroactively authorizing the Director of Public Works to act as the agent of the City and County of San Francisco to accept and expend federal financial assistance from the United States Department of Transportation Federal Highway Administration, for an amount not to exceed $2,789,354, to reimburse the local funds used to cover the 2017 emergency response costs and pay for the federal share of the permanent restoration to address the emergency condition of the severe erosion along O’Shaughnessy Boulevard was RECEIVED AND ASSIGNED to Budget and Finance Sub-Committee.
Resolution 180271, sponsored by Breed; Peskin, was introduced to commend members of the Fire Department including Emergency Medical Technicians and Paramedics who responded to and helped fight the four-alarm fire at 659 Union Street on March 17, 2018 and was REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Resolution 180272, sponsored by Cohen, adopting findings under the California Environmental Quality Act (CEQA), the CEQA Guidelines, and San Francisco Administrative Code, Chapter 31, including the adoption of a Statement of Overriding Considerations and a Mitigation and Monitoring Reporting Program, related to the funding of the Biosolids Digester Facilities Project; and directing the Clerk of the Board of Supervisors to notify the Controller of this action was RECEIVED AND ASSIGNED to Land Use and Transportation Committee.
Resolution 180273, sponsored by Fewer; Yee recognizing March 2018 as Problem Gambling Awareness Month in the City and County of San Francisco was REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Resolution 180274, sponsored by Tang; Ronen, declaring support for California State Assembly Bill 2243, authored by State Assembly Member Laura Friedman, which provide protections for sex workers who want to come forward to report a crime of violence perpetrated against them during an act of prostitution, or want to testify as a witness to such a crime was REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Resolution 180275, sponsored by Tang, declaring March as National Kidney Month in San Francisco; urging all San Franciscans at risk for kidney disease to get tested for kidney disease so that they can seek to prevent progression of the disease was REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Motion 180276, sponsored by Peskin, calling from the Rules Committee, pursuant to Board Rule 3.37, the proposed Ordinance (File No. 180280) amending the Campaign and Governmental Conduct Code to institute various campaign finance and conflict of interest reforms; and scheduling the Board of Supervisors to include consideration of the proposed Ordinance at the previously scheduled Committee of the Whole public hearing on April 3, 2018, at 3:00 p.m., in the joint meeting with the San Francisco Ethics Commission was REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Request 180277, sponsored by Ronen; Kim, hearing on how criminal sexual assault and sexual harassment cases are handled by city departments when victims come forward to seek justice against their attackers, and hear presentations on how evidence is collected and processed, health services are provided to survivors, cases are investigated by the Police Department, handling of the prosecution of these cases by the District Attorney's office, how each department ensures that sexual assault survivors are taken seriously and treated with respect through this process; and requesting the Medical Examiners Officer, Department of Public Health, Police Department, and District Attorney's Office to report was RECEIVED AND ASSIGNED to Public Safety and Neighborhood Services Committee.
Request 180278, sponsored by Ronen, hearing to clarify timelines for starting construction on seven affordable housing projects in District 9 with the goal of developing solutions that will bring units to the community more quickly; and requesting the Mayor's Office of Housing and Community Development and project development teams to report was RECEIVED AND ASSIGNED to Land Use and Transportation Committee.
Request 180279, sponsored by Yee; Ronen, Fewer, Sheehy and Kim, hearing on the City's current employment opportunities, needs, and gaps for older adults and adults with disabilities; and requesting the Office of Economic and Workforce Development, Department of Aging and Adult Services, and Mayor's Office on Disability to report was RECEIVED AND ASSIGNED to Public Safety and Neighborhood Services Committee.
The Board of Supervisors set hearing to be held on a future date for a matter involving Committee of the Whole - Joint Meeting with the San Francisco Ethics Commission - Proposed Ordinances (File Nos. 180001 and 180280) - Anti-Corruption and Accountability Ordinances - April 3, 2018.
Ordinance 180233, pertaining to City Administration (City Administrator), amending the Administrative Code to authorize the Director of the Office of Cannabis to access summary criminal history information to perform permit and licensing duties was ASSIGNED to Rules Committee.
Ordinance 180234, pertaining to City Administration (City Attorney), authorizing settlement of the lawsuit filed by the California State Lands Commission against the City and County of San Francisco; the lawsuit was filed on July 15, 2014, in San Francisco Superior Court, Case No. CGC-14-540531; entitled California State Lands Commission v. City and County of San Francisco; the lawsuit challenges a 2014 voter initiative Ordinance, Proposition B, as facially invalid under state law and the City’s Charter; and the settlement requires the City to make public trust findings in certain approvals regarding Port property and to consider amending the Municipal Elections Code to inform voters of the public trust in ballot measures affecting the trust. (City Attorney) was RECEIVED AND ASSIGNED to Government Audit and Oversight Committee.
Resolution 180235, pertaining to City Administration (Controller), establishing the appropriations limit of $3,489,694,774 for FY2017-2018, pursuant to California Constitution, Article XIII B was RECEIVED AND ASSIGNED to Budget and Finance Sub-Committee.