The San Francisco Board of Supervisors meeting on April 2, 2019, addressed a wide range of issues, from housing and homelessness to environmental concerns and city services. The board approved settlements for lawsuits, made amendments to building codes, and passed ordinances concerning inclusionary housing fees and the administration of the Homelessness Gross Receipts Tax. They also declared a climate emergency and approved a permit amendment for the Outside Lands Music Festival. Additionally, the board discussed the issue of affordable housing and heard from public speakers on a variety of topics, including library fines, a proposed navigation center, and the plight of taxi medallion holders. The board also held a closed session to discuss ongoing litigation.
President Yee opened the floor for corrections to the minutes from the February 26, 2019, Board Meeting. Finding no corrections to be made, Supervisor Peskin, with a second from Supervisor Walton, moved to approve the minutes as they stood. After a period of general public comment, the motion was approved by a unanimous vote of 11 supervisors.
The Consent Agenda included recommendations from the Government Audit and Oversight Committee concerning the settlement of several lawsuits: Satinder Singh ($425,000 for a vehicle collision), Brandon Simpson ($50,000 for civil rights violations), Logan Rachel Ury ($80,000 for a personal injury in Golden Gate Park), and Jamal Rashid Trulove ($13,100,000 for unlawful prosecution and incarceration). Recommendations from the Land Use and Transportation Committee concerned building codes for solar energy systems and homeless shelters, amendments to streamline contracting for homeless services and siting for homeless shelters, technical corrections to existing building codes, and the dedication and naming of Mission Bay Dog Park. All items were approved unanimously.
Supervisor Peskin moved to amend the ordinance concerning inclusionary housing fees to add findings of consistency with the eight priority policies of the Planning Code and findings that public necessity, convenience, and general welfare require the amendments. The motion was seconded by Supervisor Safai and carried by a unanimous vote. Subsequently, Supervisor Peskin, seconded by Supervisor Walton, moved that the ordinance be passed on first reading as amended, which also carried unanimously.
An ordinance amending the Business and Tax Regulations Code to add provisions to administer the Homelessness Gross Receipts Tax and make conforming non-substantive changes was passed on first reading by a unanimous vote.
President Yee requested that File Nos. 181225 and 181226 be called together to discuss lease agreements for Treasure Island. Resolution No. 153-19 approved a lease agreement with Treasure Island Enterprises, LLC, for the development and management of Treasure Island Marina for 66 years. Resolution No. 154-19 approved a lease agreement with Treasure Island Sailing Center Foundation, Inc, for the development and management of the Treasure Island Sailing Center for 66 years. Both resolutions were adopted unanimously.
Resolution No. 157-19 authorized the Sheriff’s Department to amend a contract with Leaders in Community Alternatives, Inc. for home detention and electronic monitoring, extending the term and increasing the amount. Resolution No. 158-19 authorized the General Manager of the Public Utilities Commission to amend an agreement with Black and Veatch Corporation for continued construction management services for the Calaveras Dam Replacement Project. Resolution No. 159-19 retroactively authorized the Recreation and Park Department to accept and expend a grant from the Trust for Public Land for a feasibility study and concept design for improvements to the Eugene L. Friend Recreation Center. Resolution No. 161-19 authorized the Office of the Treasurer & Tax Collector to accept and expend a grant from The Workers Lab for designing and piloting a Workers Fund at San Francisco International Airport. All resolutions were adopted unanimously.
An ordinance amending the Planning Code to adjust the Union Square Park, Recreation, and Open Space Fee from $4 to $6 was passed on first reading by a unanimous vote. Resolution No. 160-19 declared a climate emergency in San Francisco and requested immediate action to address the climate crisis, and was adopted by a unanimous vote.
Resolution No. 155-19 determined that the transfer of a Type-21 off-sale general beer, wine, and distilled spirits liquor license to The Epicurean Trader will serve the public convenience or necessity. Motion No. M19-053 approved the reappointments of Sabrina Hernandez, Bert Hill, Richard Grosboll, and Michael Theriault to the Golden Gate Bridge, Highway and Transportation District. Both items were approved unanimously.
Motion No. M19-054 approved the removal of the Budget and Finance Select Committee on Federal Policy Changes. Motion No. M19-055 approved amendments to the Board Rules of Order, clarifying rules for the Rules Committee and Select Committees, and establishing a Joint City, School District, and City College Select Committee. The latter motion was amended to specify that the committee shall be chaired by a member of the Board of Supervisors designated by the President, and was approved as amended unanimously.
Motion No. M19-056 approved the appointment of Rosa Chen to the Park, Recreation and Open Space Advisory Committee. Motion No. M19-057 approved the reappointment of Melyssa Mendoza to the Bicycle Advisory Committee. Both motions were approved unanimously.
The board suspended the rules to grant the privilege of the floor for special commendations. Daniel Bergerac of the Castro Merchants was recognized, as was Katie Pilat, of the Flynn Elementary School PTA. A posthumous commendation was presented to Sharen Hewitt, the former Co-Chair of the Tenderloin People’s Congress, with DeDe Hewitt accepting on her mother’s behalf. A posthumous commendation was also presented for Francisco Hsieh for his decades of service to the City and County of San Francisco.
President Yee opened a public hearing regarding the appeal of the determination of exemption from environmental review for the Outside Lands Festival Use Permit. Supervisor Fewer gave opening remarks, followed by an overview of the appeal by Richard Drury. Multiple individuals spoke in support of the appeal, while representatives from the Planning Department and Recreation and Park Department provided an overview of the decision and requested the Board to uphold the decision of the Planning Department. Many spoke in support of the project and in opposition to the appeal. The public hearing was closed and filed.
Motion No. M19-058, affirming the determination by the Planning Department that the proposed Outside Lands Festival Use Permit is categorically exempt from further environmental review, was approved. Motions to conditionally reverse the determination and to prepare findings to reverse the determination were tabled.
Resolution No. 156-19 approved a second amendment to the existing Permit with Another Planet Entertainment LLC for the Outside Lands Music Festival, extending the term until 2031 and modifying provisions related to the permit fee, rent payments, outreach, and other matters. The resolution also affirmed a categorical exemption under the California Environmental Quality Act and ratified prior actions.
During the public comment period, speakers shared concerns about fines and fees imposed by the San Francisco Public Library, opposition to a navigation center being proposed for Seawall Lot 330, the plight of Taxi medallion holders due to transportation network companies, ordinances that would ban the sale of e-cigarettes, the "Twitter Tax Break," public concerns along Fillmore Street, and support for a resolution resisting mass deportation of rehabilitated formerly incarcerated Southeast Asian nationals.
The Board recessed to convene in closed session pursuant to Motion No. M19-047 to confer with the City Attorney regarding existing litigation related to tax measures adopted by the voters at the June 5, 2018, and November 6, 2018 Municipal Elections. The board reconvened and elected not to disclose its closed session deliberations.
Resolution No. 165-19 recognized March 2019 as Problem Gambling Awareness Month. Resolution No. 166-19 determined that the issuance of a liquor license to Decant SF will serve the public convenience or necessity. Motion No. M19-059 approved Final Map 4273 for a vertical subdivision. Motion No. M19-060 approved Final Map 9766 for a condominium project. These items were acted upon by a unanimous vote.
Supervisor Peskin requested that File No. 190320 be severed so that it may be considered separately. Resolution No. 164-19 was then adopted by a unanimous vote of the board.
Supervisor Walton was noted absent for a minute. Motion No. M19-061 approved a closed session for labor negotiations on April 16, 2019. File Nos. 190339 and 190341 were severed so they may be considered separately. Then, Supervisor Yee motioned and had the board rescind its previous vote to amend File 190341. Supervisor Peskin motioned for the board to reamend File 190341 by inserting time stipulations of 4:00 pm to its scheduling for Closed Session. Motion No. M19-062 approved a closed session regarding existing litigation with Pacific Gas and Electric Company on April 9, 2019.
Several ordinances and resolutions were introduced, including an ordinance amending the Planning Code to enable interim activities at development sites, an ordinance appropriating funds for overtime in the Fire and Sheriff's Departments and the Public Utilities Commission, and ordinances and resolutions related to the issuance of general obligation bonds for the San Francisco Seawall Earthquake Safety and Disaster Prevention Program. Additional resolutions concerned approving a project list for the California State Senate Bill 1 Local Streets and Road Program, accepting a gift for the Laguna Honda Gift Fund, authorizing petitions for City parcels to renew and expand the Civic Center Community Benefit District, supporting California State Assembly Bill No. 539, declaring the intention to renew and expand the North of Market/Tenderloin Community Benefit District, and receiving and approving the bi-annual Housing Balance Report No. 8. Resolutions were also introduced to receive and approve annual reports for various business improvement districts and to request a report from the San Francisco Public Utilities Commission on options for improving electric service. Finally, a resolution urging a full pardon of Kang Hen was introduced, along with motions regarding mayoral appointments and requests for hearings on various budget priorities and issues.
Proposed ordinances and resolutions were introduced at the request of various departments, including an ordinance authorizing settlement of a lawsuit filed by Webcor Construction, L.P., and resolutions approving a lease agreement with Brookstone SFO T-2, LLC, authorizing an agreement with American Water Resources, approving an emergency declaration to repair a transmission line, authorizing a lease extension for real property at 258-A Laguna Honda Boulevard, authorizing a contract for renewable diesel, and approving a contract amendment with Ferrara Fire Apparatus, Inc. All resolutions and ordinances were introduced at the request of various city departments to be adopted or deliberated on at a future meeting.