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San Francisco County

Meeting on Short Term Rentals, Property Transfers, and Budget Hearings

The San Francisco Board of Supervisors met on April 4, 2017. Key agenda items included the passage of an ordinance regarding short-term residential rentals, authorization of property transfers for Central Shops relocation, and initial steps towards budget discussions for FY2017-2018 and 2018-2019 with a series of budget hearing requests. Supervisor Farrell was excused from a vote due to a conflict of interest. The board also recognized AmeriCorps and Senior Corps for their community service. Public comment addressed affordable housing, transparency, and clean energy initiatives. The board also tackled routine items such as approving minutes, recognizing community achievements, and making appointments. Finally, they introduced several new resolutions, including one urging the SFMTA to waive medallion renewal fees for taxi cab drivers.

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Unfinished Business

Supervisor Farrell was excused from voting on File No. 170158 due to a conflict of interest.

Supervisor Farrell requested to be excused from voting on File No. 170158, citing a possible conflict of interest. Supervisor Peskin, seconded by Supervisor Sheehy, moved to excuse Farrell, which carried with a vote of 10 ayes and 1 excused.

Unfinished Business

An ordinance regarding short-term residential rentals passed, requiring hosting platforms to verify that a unit is on the City Registry before accepting a fee for booking.

Ordinance 170158, sponsored by Peskin and Breed, amended the Administrative Code to revise the Residential Unit Conversion Ordinance. It requires Hosting Platforms to exercise reasonable care in verifying that a residential unit is on the City Registry prior to accepting a fee for booking a short-term rental transaction. The Planning Department’s determination under the California Environmental Quality Act was affirmed. The ordinance, numbered 089-17, finally passed with 10 ayes and 1 excused (Farrell).

Unfinished Business

The settlement of a lawsuit regarding property acquisition on Galvez Avenue was approved.

Ordinance 170197 authorized the settlement of a lawsuit with Blueline Rental, LLC, for $1,650,000, related to the City’s acquisition of a leasehold interest at 1975 Galvez Avenue. Blueline Rental, LLC agreed to vacate the property by April 15, 2017. Ordinance No. 088-17 finally passed with 11 ayes.

New Business

Funds were appropriated for the San Francisco General Hospital and Trauma Center from General Obligation Bond Interest Earnings.

Ordinance 170157, sponsored by the Mayor, appropriated $12,807,266 of General Obligation Bond Interest Earnings for the San Francisco General Hospital and Trauma Center in FY2016-2017 and placed $392,406 on Controller’s Reserve pending interest accrual and review of arbitrage costs. It passed on first reading with 11 ayes.

New Business

A lease agreement for surface parking lots in the northern waterfront area with SP Plus–Hyde Parking Joint Venture was approved.

Resolution 170150 approved Lease No. L-16141 between the Port and SP Plus-Hyde Parking Joint Venture for a lease of surface parking lots in Port jurisdiction in the northern waterfront, including a five-year term for Seawall Lot 321; a three-year term with two one-year Port options for Seawall Lots 323-324; and interim month-to-month parking at Seawall Lot 322-1, Pier 19½, and Pier 29½. The estimated total rent generated under the Lease for the first year of operations is $2,955,607. The resolution, numbered 103-17, was adopted with 11 ayes.

New Business

An agreement extension for luggage cart services at the airport with Smarte Carte, Inc. was approved.

Resolution 170152 approved a two-year term extension for Luggage Cart Lease and Operating Agreement No. 11-0301, between Smarte Carte, Inc., and the City and County of San Francisco, for a total term July 1, 2012, through June 30, 2019, in an amount not to exceed $4,250,605, and a new net payment total contract amount of $12,924,595. The resolution, numbered 104-17, was adopted with 11 ayes.

New Business

Lease and Use Agreements with Aer Lingus, Turk Hava Yollari, and Redding Aero Enterprises were approved for flight operations at the San Francisco International Airport.

Resolutions 170172, 170173, and 170174 were called together. Resolution 170172 approved the terms of 2011 Lease and Use Agreement No. 16-0298 between the City and Aer Lingus, Limited, to conduct flight operations at SFO, for a term through June 30, 2021 (Resolution No. 105-17, adopted with 11 ayes). Resolution 170173 approved the terms of 2011 Lease and Use Agreement No. 16-0301 between the City and Turk Hava Yollari Anonim Ortakligi to conduct flight operations at SFO, for a term through June 30, 2021 (Resolution No. 106-17, adopted with 11 ayes). Resolution 170174 approved the terms of 2011 Lease and Use Agreement No. 16-0326 between the City and Redding Aero Enterprises, Inc., to conduct flight operations at SFO, for a term through June 30, 2021 (Resolution No. 107-17, adopted with 11 ayes).

New Business

Supplemental authorizations for an interdepartmental property transfer and a notice to proceed for Central Shops Relocation were approved.

Resolution 170193 approved supplemental authorizations for the jurisdictional transfer of 1800 Jerrold Avenue and other properties from the General Services Agency’s Office of Contract Administration (“OCA”) to the San Francisco Public Utilities Commission (“SFPUC”) Wastewater Enterprise; and the jurisdictional transfer of 555 Selby Street and 1975 Galvez Avenue, and the leasehold of 450 Toland Street from SFPUC to OCA, subject to Amendment No. 1 to the Memorandum of Understanding previously entered into between the Real Estate Division, OCA, and SFPUC to create functionally-equivalent facilities for the relocation of the City’s Central Fleet Maintenance Shop (“Central Shops”) from 1800 Jerrold Avenue; increasing the total transfer price by $8,578,429 to an amount not to exceed $82,278,429 from SFPUC Wastewater Enterprise funds; authorizing the issuance of a Notice to Proceed for the next construction phase under a Board-authorized design-build Project Delivery Agreement with Oryx Development I, LLC. John Updike, Director (Real Estate Division), answered questions. Resolution No. 108-17 was adopted with 9 ayes and 2 noes (Kim, Peskin).

New Business

A professional services agreement with Black & Veatch Corporation was approved for design support for the Hetch Hetchy Water and Power high voltage power line clearance mitigation.

Resolution 170198 authorized the General Manager of the SFPUC to execute a professional services agreement with Black & Veatch Corporation for specialized design services for design support to mitigate ground, wire, and structure clearance issues with Hetch Hetchy Water and Power high voltage power lines for an amount not to exceed $12,000,000 over a term of ten years to commence following Board approval through April 2027. Resolution No. 109-17 was adopted with 11 ayes.

New Business

An emergency declaration was approved to construct a temporary road around a landslide area at Calaveras Road.

Resolution 170229 approved an emergency declaration of the SFPUC pursuant to Administrative Code, Section 6.60, to construct a temporary road around a landslide area at Calaveras Road, with a total estimated cost not to exceed $1,500,000. Resolution No. 110-17 was adopted with 11 ayes.

New Business

A real property lease extension for a property on Ocean Avenue was authorized.

Resolution 170232 authorized the Director of Property to exercise a Lease Extension for the real property located at 1701 Ocean Avenue with Huey Lan F. 2004 Trust for a five-year extension term commencing upon approval by the Board of Supervisors and the Mayor, at the monthly base rent of $17,950 for a total annual base rent of $215,400. John Updike, Director (Real Estate Division), answered questions. Resolution No. 112-17 was adopted with 11 ayes.

New Business

An ordinance was passed on first reading to authorize a monetary contribution in lieu of on-site open space in the Downtown Support Special Use District.

Ordinance 140877, sponsored by Kim, amended the Downtown Support Special Use District to authorize a monetary contribution (in lieu fee) to satisfy required on-site open space requirements, exclude certain features from floor area ratio and gross floor area calculations, and dedicate the monetary contribution for lighting and safety improvements at Victoria Manolo Draves Park; accepting as a gift an additional monetary contribution for future improvements to and maintenance of Victoria Manolo Draves Park or other existing under-utilized parks in District 6, as well as for public recreation programs to occur in these parks. It passed on first reading with 11 ayes.

New Business

Findings under CEQA were adopted related to the funding of the Sewer System Improvement Program - Southeast Water Pollution Control Plant New Headworks Facility.

Resolution 170230 adopted findings under the California Environmental Quality Act ("CEQA"), CEQA Guidelines, and Administrative Code, Chapter 31, including the adoption of a mitigation monitoring and reporting program, related to the funding of the Sewer System Improvement Program - Southeast Water Pollution Control Plant New Headworks Facility; and directing the Clerk of the Board of Supervisors to notify the Controller of this action. Resolution No. 111-17 was adopted with 11 ayes.

New Business

Liquor license transfers and issuances were approved for several businesses.

Resolutions 161369, 170056, and 170149 were called together. Resolution 161369 determined that the transfer of a Type 51 Club license to Treasure Island Yacht Club, Inc., dba Treasure Island Yacht Club, located at 300 Clipper Cove Way (District 6), will serve the public convenience or necessity. Resolution No. 100-17 was adopted with 11 ayes. Resolution 170056 determined that the issuance of a Type 40 on-sale beer license to Askander Harooni, dba RS94109, located at 835 Larkin Street (District 6), will serve the public convenience or necessity and recommended that the California Department of Alcoholic Beverage Control impose conditions on the issuance of the license. Resolution No. 101-17 was adopted with 11 ayes. Resolution 170149 determined that the issuance of a Type 42 on-sale beer and wine license to Pacific Retail VFC 1, Inc., dba Vom Fass Oils Vinegar Spirits, located at 900 North Point Street E205 (District 2), will serve the public convenience or necessity and recommended that the California Department of Alcoholic Beverage Control impose conditions on the issuance of the license. Resolution No. 102-17 was adopted with 11 ayes.

New Business

Appointments were made to several commissions and committees.

Motions 170288, 170289, 170290, 170291, and 170292 were called together. Motion 170288 appointed Angeles Roy to the Immigrant Rights Commission, term ending June 6, 2018 (Motion No. M17-049, approved with 11 ayes). Motion 170289 appointed Mike Boyd and Daisy McArthur to the In-Home Supportive Services Public Authority, terms ending March 1, 2020 (Motion No. M17-050, approved with 11 ayes). Motion 170290 appointed Emma Kelsey and Clint Loftman to the Citizen's Committee on Community Development, terms ending February 23, 2019 (Motion No. M17-051, approved with 11 ayes). Motion 170291 appointed Robert Keli'iho'omalu to the Cannabis State Legalization Task Force, term ending August 31, 2017 (Motion No. M17-052, approved with 11 ayes). Motion 170292 appointed John Martin to the Airport Facilities Naming Advisory Committee, for an indefinite term (Motion No. M17-053, approved with 11 ayes).

Remarks

AmeriCorps and Senior Corps were recognized for their service to the community.

Supervisor Sheehy introduced, welcomed, and presented Certificates of Honor to AmeriCorps and Senior Corps in recognition of County National Day of Service, Corporation for National and Community Service’s accomplishments, and continued community support.

Public Testimony

Members of the public shared their thoughts on various issues including transparency, affordable housing, and clean energy.

Andrew Yip shared his thoughts and experiences. Francisco Da Costa shared concerns regarding transparency and accountability. Mohammed El Camine shared concerns regarding affordable housing and the homeless. Amy Andera, Marlena, and Laura spoke in support of the Resolution supporting State Assembly Bill 523 regarding allocation-equity in clean energy investments. Tony Robles expressed concerns regarding a constituent’s eviction. Tom Gilberty shared concerns regarding the Police Department, affordable housing, and positive changes in the community.

Consent Agenda

An extension was granted for the Planning Commission's review of an ordinance regarding scooter parking.

Resolution 170301, sponsored by Breed, extended by 90 days the prescribed time within which the Planning Commission may render its decision on Ordinance 161349 amending the Planning Code to allow scooter parking in certain designated parking spaces. Resolution No. 113-17 was adopted.

Consent Agenda

The California State Legislature was urged to amend the Vehicle and Public Utilities Codes related to Transportation Network Companies.

Resolution 170306, sponsored by Peskin, Fewer, Yee, and Ronen, urged the California state legislature to amend the California Vehicle and Public Utilities Codes to enable local jurisdictions to access trip data for Transportation Network Companies (TNCs) and to permit and conduct enforcement of TNCs as warranted to ensure safety and disability access, and manage congestion. Supervisors Yee and Ronen were added as co-sponsors. Resolution No. 114-17 was adopted.

Consent Agenda

Support was given to California State Assembly Bill 523 regarding allocation-equity in clean energy investments.

Resolution 170307, sponsored by Ronen, Fewer, and Peskin, supported California State Assembly Bill 523, dedicating a minimum of 25% of the available funds administered by the California Energy Commission in the Electric Program Investment Charge for clean energy projects located within and benefiting individuals living in designated disadvantaged communities and an additional 10% of the funds to low income communities. Resolution No. 115-17 was adopted.

Consent Agenda

A subpoena was issued to Hardip S. Pannu for the Government Audit and Oversight Committee's hearing on the project at 301 Mission Street.

Motion 170310, sponsored by Peskin, directed the Clerk of the Board of Supervisors to issue a subpoena duces tecum to Hardip S. Pannu, requiring him to appear at the Special Meeting of the Government Audit and Oversight Committee on April 28, 2017, at 10:00 a.m., to provide oral information at the hearing of File No. 160975 and respond to questions regarding the design, engineering, review, and approval process for the project at 301 Mission Street; and requiring him to produce documents, records, and other materials in his possession related to that project. Motion No. M17-054 was approved.

Consent Agenda

Approval was given to the Commendatory Finding and Brown Act Finding.

Supervisor Peskin, seconded by Supervisor Farrell, moved ADOPTION of the commendatory finding. The motion carried. Supervisor Peskin, seconded by Supervisor Farrell, moved ADOPTION of the Brown Act finding. The motion carried.

Consent Agenda

April 7, 2017, was declared Food Runners Day in the City and County of San Francisco.

Resolution 170347, sponsored by Peskin, commended Food Runners and its founder, Mary Risley, on the occasion of the organization's 30th year delivering excess food to those in need and declared April 7, 2017, as Food Runners Day in the City and County of San Francisco. Resolution No. 116-17 was adopted.

Legislation Introduced

An ordinance was introduced to create the 1500 Mission Street Special Use District.

Ordinance 170348, sponsored by the Mayor, amended the Planning Code to create the 1500 Mission Street Special Use District to facilitate development of the 1500 Mission Street (Assessor’s Parcel Block No. 3506, Lot Nos. 006 and 007) project. It was assigned to the Land Use and Transportation Committee.

Legislation Introduced

An ordinance was introduced to require reporting requirements for owner move-in evictions.

Ordinance 170349, sponsored by Farrell, Sheehy, Cohen, and Breed, amended the Administrative Code to require a landlord seeking to recover possession of a rental unit based on an owner move-in (“OMI”) or relative move-in (“RMI”) to provide a declaration under penalty of perjury stating that the landlord intends to occupy the unit. It was assigned to the Land Use and Transportation Committee.

Legislation Introduced

An ordinance was introduced to ban employers from considering an applicant's salary history.

Ordinance 170350, sponsored by Farrell, Tang, Ronen, Cohen, and Breed, amended the Police Code to ban employers from considering current or past salary of an applicant in determining what salary to offer the applicant. It was assigned to the Government Audit and Oversight Committee.

Legislation Introduced

An application to the California Debt Limit Allocation Committee was authorized for Mortgage Credit Certificates.

Resolution 170351, sponsored by the Mayor, authorized an application to the California Debt Limit Allocation Committee to permit the issuance of Mortgage Credit Certificates, for an amount not to exceed $50,000,000. It was assigned to the Budget and Finance Sub-Committee.

Legislation Introduced

An application for a grant from the California Department of Forestry and Fire Protection was authorized for an urban forestry project.

Resolution 170352, sponsored by the Mayor, authorized the Recreation and Park Department to apply for a grant in the amount of $245,000 from the California State Department of Forestry and Fire Protection for an urban forestry project. It was assigned to the Budget and Finance Sub-Committee.

Legislation Introduced

The Department of Public Health was urged to convene a Safe Injection Services Task Force.

Resolution 170353, sponsored by Breed, Sheehy, Ronen, and Kim, urged the Department of Public Health to convene a Safe Injection Services Task Force to make recommendations regarding safe injection services. It was referred for adoption without committee reference.

Legislation Introduced

Opposition was voiced against California State Senate Bill 649, regarding wireless and small cell telecommunication facilities.

Resolution 170354, sponsored by Farrell, opposed California State Senate Bill 649, which would prevent San Francisco and municipalities throughout the State from having local control over the placement and design of wireless facilities. It was referred for adoption without committee reference.

Legislation Introduced

The annual report for the Central Market Community Benefit District for 2015 was received and approved.

Resolution 170355, sponsored by Kim, received and approved an annual report for the Central Market Community Benefit District for calendar year 2015. It was assigned to the Government Audit and Oversight Committee.

Legislation Introduced

The San Francisco Municipal Transportation Agency was urged to waive the 2017 Taxi Medallion Renewal Fee for all medallion holders.

Resolution 170356, sponsored by Peskin and Ronen, urged the SFMTA to waive the Medallion Renewal Fee for all Taxi Cab Medallion Holders. It was referred for adoption without committee reference.

Legislation Introduced

April 24, 2017, was declared Armenian Genocide Commemoration Day in the City and County of San Francisco.

Resolution 170357, sponsored by Peskin and Ronen, declared April 24, 2017, as Armenian Genocide Commemoration Day in the City and County of San Francisco. It was referred for adoption without committee reference.

Legislation Introduced

Opposition was voiced against the dismantling of the Coordinated Care Initiative and the IHSS Maintenance of Effort Cost Sharing Agreement.

Resolution 170358, sponsored by Yee, Cohen, and Fewer, opposed the dismantling of the Coordinated Care Initiative and the IHSS Maintenance of Effort Cost Sharing Agreement. It was referred for adoption without committee reference.

Legislation Introduced

The Board was scheduled to sit as a Committee of the Whole on May 2, 2017, to hold a public hearing on assessment costs for the Accelerated Sidewalk Abatement Program.

Motion 170326 scheduled the Board of Supervisors to sit as a Committee of the Whole on May 2, 2017, to hold a public hearing on a Resolution approving a report of assessment costs for inspection and/or repair of blighted properties ordered through the Accelerated Sidewalk Abatement Program. It was referred for adoption without committee reference.

Legislation Introduced

The Board was scheduled to sit as a Committee of the Whole on May 2, 2017, to hold a public hearing on assessment costs for the Sidewalk Inspection and Repair Program.

Motion 170329 scheduled the Board of Supervisors to sit as a Committee of the Whole on May 2, 2017, to hold a public hearing on a Resolution approving a report of assessment costs for work done or caused to be done through the Sidewalk Inspection and Repair Program. It was referred for adoption without committee reference.

Legislation Introduced

The Board was scheduled to sit as a Committee of the Whole on May 9, 2017, to hold a public hearing on assessment costs for blighted properties.

Motion 170332 scheduled the Board of Supervisors to sit as a Committee of the Whole on May 9, 2017, to hold a public hearing on a Resolution approving a report of assessment costs for inspection and/or repair of blighted properties. It was referred for adoption without committee reference.

Legislation Introduced

The Board was scheduled to convene a Committee of the Whole on May 23, 2017, to hold a public hearing on delinquent charges for code enforcement cases.

Motion 170335 scheduled the Board of Supervisors to convene a Committee of the Whole on May 23, 2017, to hold a public hearing on a Resolution confirming a report of delinquent charges for code enforcement cases. It was referred for adoption without committee reference.

Legislation Introduced

A hearing was requested to provide an update on the City's homeless population and services.

Request for Hearing 170359, sponsored by Cohen and Ronen, requested an update on the City's homeless population and services. It was assigned to the Public Safety and Neighborhood Services Committee.

Legislation Introduced

A series of budget update hearings were requested for various departments and agencies.

A series of hearings were requested for Budget Updates from Recreation and Parks, Public Health, Department of Homelessness and Supportive Housing, Human Services Agency, Department of Aging and Adult Services, Department of Children Youth and their families, Children and Families Commission, Office of Early Childhood Education, Police Department, Department of Police Accountability, Fire Department, Department of Emergency Management, Sheriff's Department, Public Defender's Office, District Attorney's Office, Municipal Transportation Agency, Housing and Community Development, Office of Economic and Workforce Development, Planning Department, the City's Financial position, the Public Library, Public Works, Youth Commission, the Airport, the Port and Child Support Services. All assigned to appropriate committees.

Legislation Introduced

A hearing was requested to receive an update from the State Lobbyist regarding City and County government activities in Sacramento, lobbying efforts, and updates of housing bill impacts to our municipality.

Hearing 170388, sponsored by Kim and Ronen, requested an update from the State Lobbyist regarding housing bill impacts to our municipality. It was assigned to Land Use and Transportation Committee.

Legislation Introduced

Proposed Ordinances and Resolutions

Various proposed ordinances and resolutions were introduced at the request of departments, including settlements of lawsuits, a resolution regarding the annual fundraising drive, and a resolution regarding Airport Research and Development Foundation - Application-Based Commercial Ground Transportation Trip Fee Collection Services.