Imperium

San Francisco County

Meeting on Public Safety, Housing, and Budget Matters

The San Francisco Board of Supervisors convened a regular meeting on March 21, 2023, addressing a wide range of issues, including budget appropriations, housing, public safety, and legislative matters. Key items included extending COVID-19 tenant protections, approving grant agreements for homelessness and community safety programs, initiating landmark designations for culturally significant murals, and discussing the "Place for All Report" on homelessness strategies. The board also considered legislation regarding cannabis regulation, transportation network company fees, gun violence prevention, and support for transgender youth. A significant point of contention was an ordinance to increase the appropriation for the Police Department's overtime budget, which failed to pass on the first reading, highlighting the need for further discussion and potential modifications. Numerous new bills and resolutions were introduced on issues such as environmental justice, tax adjustments, and more.

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Consent Agenda

Increasing Penalties for Planning and Building Code Violations

The board approved Ordinance No. 040-23, which amends the Planning and Building Codes to increase fines and penalties for violations, especially those affecting multiple units. The ordinance requires the Planning and Historic Preservation Commissions to set factors for the Zoning Administrator to use in determining civil penalties and establishes penalties for illegally merged, constructed, or divided residential units, as well as illegal demolition. It also enhances penalties for violations involving older or historically significant buildings and provides additional notices to Responsible Parties. The Planning Department's determination under the California Environmental Quality Act was affirmed, and findings of consistency with the General Plan and priority policies were made.

Consent Agenda

Providing Health Insurance to Homelessness Oversight Commission Members

The board approved Ordinance No. 041-23, which amends the Administrative Code to allow members of the Homelessness Oversight Commission to be eligible for health insurance coverage through the San Francisco Health Service System.

Unfinished Business

Removing Construction Agreements from Restrictions on Contracting in States with Discriminatory Laws

The board approved Ordinance No. 042-23, which amends the Administrative Code to remove public works and improvement agreements under Chapter 6 from the prohibitions in Chapter 12X on contracting with contractors that have their U.S. headquarters in states with discriminatory laws against LGBT individuals, restrictive abortion laws, or voter suppression laws. Supervisors Chan, Melgar, Preston, and Walton voted against the ordinance on First Reading, but it ultimately passed with a 7-4 vote.

New Business

Extending Suspension of Business Registration Fees for Transportation Network and Taxi Drivers

The board approved the first reading of an ordinance extending the temporary suspension of business registration and fee requirements for transportation network company (TNC) drivers and taxi drivers through Fiscal Year 2027-2028.

New Business

Authorizing Solicitation of Donations for Safe Consumption Sites

The board adopted Resolution No. 131-23, authorizing the Mayor and employees of the Mayor's Office and the Department of Public Health to solicit donations from private entities and foundations to support the opening and operation of safe consumption sites, notwithstanding the Behested Payment Ordinance. Supervisor Preston was added as a co-sponsor.

New Business

Establishing the Appropriations Limit for FY2022-2023

The board adopted Resolution No. 132-23, establishing the appropriations limit at $10,609,128,182 for Fiscal Year (FY) 2022-2023, based on local non-residential new construction and population changes in the San Francisco Metropolitan Area. This was submitted by the Controller.

New Business

Establishing the San Francisco Enhanced Infrastructure Financing District No. 1 (Power Station)

The board adopted Resolution No. 133-23, declaring the intention to create the San Francisco Enhanced Infrastructure Financing District No. 1 (Power Station) to fund public capital facilities and community projects related to the Potrero Power Station project, along with other approved expenses.

New Business

Accepting and Expending a Grant for the Northern California Apprentice Network

The board adopted Resolution No. 134-23, retroactively authorizing the Office of Economic and Workforce Development to accept and spend a $900,000 grant from the James Irvine Foundation for the Northern California Apprentice Network and apprenticeship growth in Northern California, covering November 7, 2022, to November 7, 2024.

New Business

Authorizing a Multifamily Housing Revenue Note for Hunters Point Shipyard Block 56

The board adopted Resolution No. 135-23, authorizing the execution and delivery of a multifamily housing revenue note not exceeding $36,361,354 for financing the construction of a 73-unit multifamily rental housing project called "Hunters Point Shipyard Block 56." It approved related agreements and authorized City officials to take necessary actions.

New Business

Approving a Grant Agreement Amendment for the Embarcadero SAFE Navigation Center

The board adopted Resolution No. 121-23, approving the second amendment to the grant agreement between Five Keys Schools and Programs and the Department of Homelessness and Supportive Housing for services at the Embarcadero SAFE Navigation Center. This extends the grant term by nine months (September 1, 2020, through December 31, 2023), increases the agreement amount by $4,209,528 to $14,009,528, and authorizes HSH to potentially extend the grant term up to December 31, 2027, with an additional $26,821,656, contingent on the Port Commission extending permission for the center to operate on Port property.

New Business

Authorizing a Contract Amendment for the Assessor-Recorder Property Assessment System Replacement Project

The board adopted Resolution No. 136-23, authorizing the Office of the Assessor-Recorder (ASR) to execute Amendment No. 1 to the contract with Sapient Corporation for the Property Assessment System Replacement Project. This increases the contract by $5,743,999 to a total not to exceed $27,158,702 and reduces the contract duration from 12 to 9 years, ending December 31, 2027.

New Business

Debate and Failure to Advance Police Department Overtime Appropriation

The board considered an ordinance appropriating $25,371,063 from General Fund General Reserves, $587,029 from other revenues, and $834,204 from a special revenue fund balance to the Police Department, while also de-appropriating $31,999,402 from various areas to cover increased overtime. This required a two-thirds approval vote. Ben Rosenfield (Controller), Chief William Scott and Patrick Leung (Police Department), Anne Pearson (City Attorney), and Tom Paulino and Anna Duning (Mayor's Office) were present to answer questions. Supervisor Safai's motion to increase the appropriation by $3,100,000 failed due to lack of a second. Safai requested the ordinance be duplicated on first reading and then re-referred to the Budget and Appropriations Committee, but this also failed due to a lack of a second. The duplicated ordinance did not move forward. However, the original ordinance PASSED ON FIRST READING 9-2 (Preston & Walton NO).

New Business

Approving Budget and Salary Adjustments for Public Works Street Cleaning and Graffiti Abatement

The board approved the first reading of an ordinance amending the Annual Salary Ordinance to add 56 off-budget positions (18.67 FTEs) in the Department of Public Works for street cleaning and graffiti abatement in FY2022-2023, along with an ordinance appropriating $25,000,000 from the General Fund General Reserves for these activities. Carla Short (Interim Director, Public Works) answered questions during the discussion.

New Business

Approving Grant Agreement Amendment for Mid-Market Foundation Safety Program

The board adopted Resolution No. 110-23, approving Amendment No. 2 to a grant agreement between the Office of Economic and Workforce Development and Mid-Market Foundation for the Mid-Market/Tenderloin Community-Based Safety Program. This increases the grant amount by $13,100,570, for a total not to exceed $33,590,570, from July 1, 2022, through October 15, 2023.

New Business

Approving Grant Agreement Amendment for Downtown Welcome Ambassador Program

The board adopted Resolution No. 111-23, approving Amendment No. 4 to a grant agreement between the Office of Economic and Workforce Development and the San Francisco Tourism Improvement District Management Corporation for the Downtown Welcome Ambassador Program. This increases the grant amount by $6,300,000, for a total not to exceed $16,227,000, from July 1, 2021, through October 15, 2023.

New Business

Modifying Cannabis Regulation Regarding Temporary Permits

The board approved the first reading of an ordinance amending the Police Code to allow holders of temporary cannabis business permits to transfer an aggregate ownership interest of 50% or more in the business to new owners if five years or more have passed since the Office of Cannabis Director acknowledged receipt of the application, regardless of whether the business has received a permanent permit.

New Business

Determining Public Convenience for Liquor License Issuance at Dapper

The board adopted Resolution No. 137-23, determining that issuing a Type-20 off-sale beer and wine liquor license to Dapper Nob Hill LLC at 1198 Pacific Avenue (District 3) would serve the public convenience or necessity.

New Business

Determining Public Convenience for Liquor License Transfer to Lucky Bayview

The board adopted Resolution No. 138-23, determining that the transfer of a Type-21 off-sale general beer, wine, and distilled spirits liquor license to Save Mart Supermarkets LLC, doing business as Lucky Bayview, at 3801-3 Street (District 10) would serve the public convenience or necessity.

New Business

Appointments to Homelessness Oversight Commission

The board approved the appointment of Christin Evans to the Homelessness Oversight Commission, with Supervisors Dorsey, Engardio, Mandelman, and Stefani voting against her appointment. The rest of the balance of the nominees were unanimously approved.

New Business

Approving Mayoral Appointments to Homelessness Oversight Commission

The board approved the Mayor's nominations for the appointments of Sharky Laguana (Motion No. M23-043), Jonathan Butler (Motion No. M23-044), and Katie Albright (Motion No. M23-045) to the Homelessness Oversight Commission.

Remarks

Recognition of Carol Dimmick

Supervisor Melgar introduced, welcomed, and presented a Certificate of Honor to Carol Dimmick in recognition of her accomplishments and continued community support.

Committee of the Whole

Hearing on the Place for All Report

The Board of Supervisors convened as a Committee of the Whole to hold a public hearing on the "Place for All Report." Sam Dodge (Department of Emergency Management), Amy King (Pallet Shelters), Shireen McSpadden, Noelle Simmons, and Gigi Whitley (Department of Homelessness and Supportive Housing), Gail Gilman (All Homes), and Jeff Bellisario (Bay Area Council) presented an overview and answered questions. Multiple members of the public voiced concerns. Supervisor Mandelman moved to file the hearing, which was unanimously approved.

Committee Reports

Extending COVID-19 Tenant Protections

The board approved the first reading of an ordinance extending restrictions on evicting or imposing late fees on residential tenants who couldn't pay rent due to the COVID-19 emergency by 60 days.

Committee Reports

Approving Land Conveyance for Affordable Housing

The board adopted Resolution No. 112-23, approving an agreement with 598 Brannan Street Phase 1, L.L.C. for the conveyance of land at 160 Freelon Street for inclusionary affordable housing, adopting related findings.

Committee Reports

Establishing the Enhanced Infrastructure Financing District Public Financing Authority No. 1

The board approved the first reading of an ordinance amending the Administrative Code to establish the Enhanced Infrastructure Financing District Public Financing Authority No. 1, defining its membership and duties.

Committee Reports

Appointments to Sugary Drinks Distributor Tax Advisory Committee

The board approved the appointments of Chester Williams, John Iesha Ena, Marna Armstead, Francis Abigail Cabrera, Jamey Schmidt, Linda Ye, Eva Holman, and Laura Urban to the Sugary Drinks Distributor Tax Advisory Committee, with terms ending December 31, 2024.

Committee Reports

Appointments to Food Security Task Force

The board approved the appointments of Austin Dalmasso, Earl Campbell Barbee, and Jade Quizon to the Food Security Task Force for indefinite terms.

Public Testimony

General Public Comment

Members of the public shared comments on various topics, including religious ideas, support for trans and LGBTQ+ youth protection, support for a resolution recognizing National Surveyors Week and Global Surveyors Day, concerns about tenant protections, support for appropriations and resources for reparations, and concerns regarding public comment procedures. Michael Petrelis expressed concerns regarding the placement of General Public Comment on the Board Agendas.

New Business

Commemorating the 125th Anniversary of United States v. Wong Kim Ark

The board adopted Resolution No. 139-23, commemorating March 28, 2023, as the 125th anniversary of the Supreme Court decision in United States v. Wong Kim Ark, affirming birthright citizenship.

New Business

Recognizing National Surveyors Week and Global Surveyors Day

The board adopted Resolution No. 140-23, recognizing the week of March 19, 2023, through March 25, 2023, as National Surveyors Week, and March 21, 2023, as Global Surveyors Day in San Francisco.

New Business

Initiating Landmark Designation for Carnaval Mural

The board adopted Resolution No. 141-23, initiating landmark designation for the Carnaval Mural at 1311 South Van Ness Avenue.

New Business

Initiating Landmark Designation for Chata Gutierrez Mural

The board adopted Resolution No. 142-23, initiating landmark designation for the Chata Gutierrez Mural at 3175-24th Street.

New Business

Supporting California State Assembly Bill No. 28 (Gabriel)

The board adopted Resolution No. 143-23, supporting California State Assembly Bill No. 28, the Gun Violence Prevention, Healing, and Recovery Act, which would tax firearms and ammunition sales to fund gun violence prevention measures.

New Business

Recognizing Problem Gambling Awareness Month

The board adopted Resolution No. 144-23, recognizing March 2023 as Problem Gambling Awareness Month. President Peskin shared a 24/7 toll-free number for those struggling with gambling addiction.

New Business

Resolution Regarding Legalizing Sex Work Referred to Committee

Supervisor Ronen requested that the resolution be referred to the Government Audit and Oversight Committee. The motion carried and the resolution was referred.

Legislation Introduced

Ordinance to Extend Gross Receipts Tax Rate and Offer Credits for New Businesses

This ordinance, sponsored by the Mayor and Supervisor Engardio, aims to extend the current Gross Receipts Tax rates for specific business sectors until December 31, 2024, and postpone the previously planned rate increases until January 1, 2025. Additionally, it proposes tax credits for businesses opening physical locations in the City between January 1, 2023, and December 31, 2027. These credits would be applicable for businesses in information, administrative support, financial, insurance, or professional, scientific, and technical services. The ordinance was substituted and assigned to the Budget and Finance Committee.

Legislation Introduced

Ordinance to Codify and Expand Fee Waivers for Small Businesses

Engardio and Mandelman are sponsoring this ordinance which aims to codify the annual waiver of awning replacement and sign fees for applications submitted during May. It would also introduce a waiver for new awning installations applied for in May and clarify that waivers for pedestrian street lighting and awning-related fees are tied to the permit application date rather than issuance date. The ordinance was substituted and assigned to the Land Use and Transportation Committee.

Legislation Introduced

Ordinance to Extend Credit for Early Childcare Facilities

Sponsored by Melgar, with co-sponsors Chan, Mandelman, Preston and Safai, this ordinance seeks to extend the credit against the Early Care and Education Commercial Rents Tax for qualifying childcare facilities for an additional five years, until December 31, 2028. It was assigned to the Budget and Finance Committee.

Legislation Introduced

Ordinance for Safer Schools Sexual Assault Task Force

This ordinance, sponsored by Supervisors Melgar and Chan, proposes to create a Safer Schools Sexual Assault Task Force to advise the Board of Supervisors on policies to reduce sexual assault at educational institutions. The ordinance outlines the task force's membership and responsibilities and was assigned to the Rules Committee.

Legislation Introduced

Ordinance to Extend Live Performance Hours

Supervisor Peskin is sponsoring an ordinance to amend the Police Code, extending the time at which a Live Performance under a Limited Live Performance Permit in the Polk Street Neighborhood Commercial District must conclude, from 10:00 p.m. to 11:00 p.m. It was assigned to the Public Safety and Neighborhood Services Committee.

Legislation Introduced

Ordinance Regarding Fees for Curbside Shared Spaces

Sponsored by Supervisor Safai, this ordinance intends to eliminate permit fees for Curbside Shared Spaces and increase the gross receipts threshold, from $2,000,000 to $2,500,000, for reductions to annual Curbside Shared Spaces license fees. It was assigned to the Budget and Finance Committee.

Legislation Introduced

Ordinance Appropriating $50 Million for Reparations

This ordinance, sponsored by Walton, Preston, and Ronen, seeks to appropriate $50,000,000 from the General Fund General Reserves to the Human Rights Commission for the purpose of establishing the Office of Reparations and implementing approved recommendations in Fiscal Year (FY) 2022-2023. It was assigned to the Budget and Finance Committee.

Legislation Introduced

Ordinance Appropriating $500,000 for Sea Level Rise Analysis

Supervisor Walton is sponsoring an ordinance to appropriate $500,000 of General Fund General Reserves to the San Francisco Public Utilities Commission for independent analysis and research on sea level rise and groundwater impacts in the Hunters Point Shipyard in Fiscal Year (FY) 2022-2023. It was assigned to the Budget and Finance Committee.

Legislation Introduced

Resolution for Emergency Plumbing at Main Library

Resolution approving Public Works emergency declaration for plumbing repair at the Main Library, estimated to cost $550,000. Assigned to Budget and Finance Committee.

Legislation Introduced

Resolution for Regional Equity and Recovery Partnerships

Resolution retroactively authorizing Office of Economic and Workforce Development to accept a grant of $350,000 for Regional Equity and Recovery Partnerships. Assigned to Budget and Finance Committee.

Legislation Introduced

Resolution Regarding Financing for a Housing Project

Resolution for executing and delivering a multifamily housing revenue note in the amount of $63,000,000 for the purpose of financing the acquisition and construction of a 112-unit multifamily rental housing project. Assigned to Budget and Finance Committee.

Legislation Introduced

Resolution for Loan Agreement to Affordable Housing Project

Resolution approving and authorizing Loan Agreement with 4840 Mission Associates, L.P., to increase the loan amount by $8,977,307 for a total loan amount not to exceed $37,728,757 to finance additional construction costs related to the affordable housing development. Assigned to Budget and Finance Committee.

Legislation Introduced

Resolution for Loan to Affordable Housing Project

Resolution approving and authorizing Loan Agreement with TURK 500 ASSOCIATES, L.P., to increase the loan amount by $4,266,311 for a new total loan amount not to exceed $23,805,311 to finance additional construction costs and loss of permanent financing related to the affordable housing development. Assigned to Budget and Finance Committee.

Legislation Introduced

Resolution Urging Newsom to Increase Useability for California Employment Development Department

Resolution urging Governor Gavin Newsom to overhaul and increase the useability of the California Employment Development Department. Referred for adoption without committee reference agenda at the next Board meeting.

Legislation Introduced

Resolution Urging Prioritization and Equitable Distribution of Rent Relief

Resolution urging the Mayor’s Office of Housing and Community Development to prioritize small property owners and affordable housing providers in the distribution of rent relief funds. Referred for adoption without committee reference agenda at the next Board meeting.

Legislation Introduced

Resolution Supporting Vehicle Pilot Program

Resolution supporting Assembly Bill No. 645, introduced by Assembly Member Laura Friedman, which would allow the City and County of San Francisco, and other municipalities to establish a Speed Safety System Pilot Program and to urge interagency cooperation upon its passage. Referred for adoption without committee reference agenda at the next Board meeting.

Legislation Introduced

Resolution Health Facilities: Behavioral Health Emergency Services

Resolution urging the California State Legislature to pass California State Assembly Bill No. 1001, Health Facilities: Behavioral Health Emergency Services, introduced by California Assembly Member Matt Haney. Referred for adoption without committee reference agenda at the next Board meeting.

Legislation Introduced

Resolution Recognizing the Decommissioning of the Site of the Congregation B’nai Emunah

Resolution recognizing the decommissioning and deconsecration of the current site of Congregation B’nai Emunah in order to form and relocate the new Congregation Am Tikvah. Received and assigned to Land Use and Transportation Committee.

Legislation Introduced

Resolution Supporting Safety of Vehicles

Resolution supporting California State Assembly Bill No. 316, introduced by Assembly Members Aguiar-Curry and Friedman, which restricts autonomous vehicles (AV) with a gross vehicle weight (GVW) of 10,000 pounds or more from being operated on public roads for testing purposes, transporting goods, or transporting passengers without a human safety operator physically present in the AV at the time of operation. Referred for adoption without committee reference agenda at the next Board meeting.

Legislation Introduced

Resolution for Safety of Transgender and LGBTQ+ Youth

Resolution urging elected representatives, schools, and youth-serving institutions in San Francisco and other jurisdictions to protect transgender and lesbian, gay, bisexual, and queer (LGBQ+) youth and adults’ lives and gender expression from hate and violence amid national legislative efforts to roll back transgender and LGBQ+ protections. Referred for adoption without committee reference agenda at the next Board meeting.

Legislation Introduced

Resolution for Celebrating the Anniversary of Association

Resolution commemorating the 50th anniversary of the Chinese Progressive Association in the City and County of San Francisco. Referred for adoption without committee reference agenda at the next Board meeting.

Legislation Introduced

Resolution Supporting Prison Act

Resolution supporting California State Assembly Bill No. 912, The SAFE Act, authored by Assembly Member Reggie Jones-Sawyer, to reinvest prison closure savings into community crime reduction programs. Referred for adoption without committee reference agenda at the next Board meeting.

Legislation Introduced

Motion for Amending Overtime Audit

Motion directing the Budget and Legislative Analyst to conduct an additional performance audit in Fiscal Years (FYs) 2022-2023 and 2023-2024 of the Police Department’s management and use of overtime. Received and assigned to Government Audit and Oversight Committee.

Legislation Introduced

Motion for Examining Resources and Safety for Youth

Motion to discuss on a multi agency plan to address increasing youth violence at school sites and in the community, and present current programming and plans for immediate expansion of programming to address safety and mental health challenges for youth with other city agencies; and requesting Mayor Breed, Mayor's Office, Police Department, Department of Children, Youth and Their Families, Recreation and Parks Department, Office of the District Attorney, Office of the Public Defender, Juvenile Probation Department, Municipal Transportation Agency, Human Services Agency, and Department of Public Health to report. Received and assigned to Youth, Young Adult, and Families Committee.

Legislation Introduced

Motion For Safety on High-Rise Window Breaks

Hearing on emergency safety response, department coordination, and mitigation strategies on high-rise window breaks as a result of increased storms; and requesting the Department of Building Inspection, Department of Emergency Management, and Fire Department to report. Received and assigned to Public Safety and Neighborhood Services Committee.

Legislation Introduced

Motion Human Trafficking in San Francisco

Hearing on the findings and recommendations made in the Human Trafficking in San Francisco 2021 Report; and requesting the Department on the Status of Women to report. Received and assigned to Public Safety and Neighborhood Services Committee.

Legislation Introduced

Motion Lawsuit Settlement

Ordinance authorizing settlement of the lawsuit filed by Lyn Rawles against the City and County of San Francisco for $200,000. Received and assigned to Government Audit and Oversight Committee.

Legislation Introduced

Motion Environmental Justice

Ordinance amending the General Plan by adopting the San Francisco Environmental Justice Framework and amending the Introduction to the General Plan. Assigned to Land Use and Transportation Committee.

Legislation Introduced

Motion Utilities Commission

Ordinance amending the Administrative Code to modify the waivers of specified contract-related requirements in the Administrative and Environment Codes for electricity and related product transactions, authorize binding arbitration for contracts with Investor Owned Utilities, and increase the annual expenditure limit for energy procurements from $150,000,000 to $200,000,000. Assigned to Budget and Finance Committee.

Legislation Introduced

Motion Sheriff's Department

Resolution accepting the Sheriff’s Department Oversight Board’s annual report for the calendar year 2022. Received and assigned to Government Audit and Oversight Committee.