The San Francisco Board of Supervisors meeting on April 9, 2019, addressed a range of issues including budget matters, housing policy, California Environmental Quality Act (CEQA) considerations, and utility projects. Key actions included approving an ordinance to administer the Homelessness Gross Receipts Tax, adjusting Union Square Park fees, mandating implicit bias training for city officials, and requiring inclusionary housing fees for projects using the State Density Bonus law. The Board also discussed and voted on a resolution opposing California State Senate Bill No. 50, focusing on its potential impact on community planning and displacement. Several resolutions related to grant funding and agreements with organizations like the San Francisco AIDS Foundation and Meals on Wheels of San Francisco were approved. The meeting included hearings on appeals related to a proposed development project on Folsom Street, with extensive public comment. Several new pieces of legislation were introduced, including ordinances related to the Castro LGBTQ Cultural District, Juvenile Hall closure, plumbing codes, and resolutions supporting public banking and regulating traffic on Lombard Street. There was a closed session to discuss litigation with Pacific Gas and Electric Company. Public comment addressed various community concerns, including the closure of the Juvenile Justice Center.
The Board approved Ordinance No. 069-19, amending the Business and Tax Regulations Code to add provisions to administer the Homelessness Gross Receipts Tax and make conforming non-substantive changes. This ordinance was recommended by the Budget and Finance Sub-Committee and finally passed.
The Board approved Ordinance No. 072-19, amending the Planning Code to adjust the Union Square Park, Recreation, and Open Space Fee from $4 to $6. This ordinance, sponsored by Supervisor Peskin, also affirmed the Planning Department's determination under the California Environmental Quality Act and made findings of consistency with the General Plan and Planning Code. This was recommended by the Land Use and Transportation Committee and finally passed.
The Board approved Ordinance No. 071-19, amending the Administrative Code to require department heads and members of City boards and commissions to complete implicit bias training by December 31, 2019, and new appointees to complete training within 60 days of assuming office. The Department of Human Resources will provide the training. This ordinance was sponsored by Supervisor Stefani, with co-sponsors and was recommended by the Rules Committee and finally passed.
The Board approved Ordinance No. 070-19, amending the Planning Code to require all projects using the State Density Bonus law to pay the inclusionary fee on any additional units or square footage allowed by state law, regardless of environmental evaluation application date. Sponsored by Supervisor Peskin, this ordinance also affirmed the Planning Department’s determination under the California Environmental Quality Act and made necessary findings. A two-thirds vote was required for passage according to Charter Section 4.105, and this was recommended by the Land Use and Transportation Committee and finally passed.
The Board approved on first reading an ordinance amending the Business and Tax Regulations Code to add a credit against the Homelessness Gross Receipts Tax equal to 10% for those who waive their right to a refund related to claims of the tax's invalidity. It also adds a credit equal to 110% of a person's gift to support the Our City, Our Home Fund and authorizes the Office of the Treasurer and Tax Collector to accept such gifts. The ordinance was sponsored by the Mayor and Supervisor Brown, with a fiscal impact.
The Board approved on first reading an ordinance amending the Administrative Code to set the minimum size of lettering for exterior and interior signage for the Harvey Milk Terminal, Terminal 1 of the San Francisco International Airport. The ordinance was sponsored by Supervisor Ronen, and co-sponsored by Supervisors Mandelman, Mar and Haney, with a fiscal impact.
The Board approved on first reading an ordinance retroactively authorizing the Office of the District Attorney to accept and expend a $2,000,000 grant from the John D. and Catherine T. MacArthur Foundation for the Safety and Justice Challenge. The ordinance also amends the Annual Salary Ordinance to add grant-funded positions at the District Attorney's Office, Department of Public Health, and Sheriff’s Department. This was sponsored by Supervisor Ronen.
The Board adopted Resolution No. 167-19, approving Amendment No. 2 to the agreement between the San Francisco AIDS Foundation and the Department of Public Health to provide HIV prevention services through City-wide syringe access and disposal services. The amendment increases the contract amount and extends the contract term with fiscal impact.
The Board adopted Resolution No. 168-19, retroactively authorizing the Department of Elections to apply for, accept, and expend funds from the California Secretary of State to fund voting system replacement activities. Harvey Rose (Budget and Legislative Analyst) was granted privilege of the floor and was there to answer any questions. This resolution had a fiscal impact.
The Board adopted Resolution No. 169-19, establishing the appropriations limit for FY2018-2019, pursuant to California Constitution, Article XIII B, which had a fiscal impact.
The Board adopted Resolution No. 170-19, retroactively approving a grant agreement and subsequent amendments between the City and Meals on Wheels of San Francisco for the provision of Nutrition Programs services to older adults and adults with disabilities. John Tsutakawa (Human Services Agency) was given privilege of the floor to respond to questions. The resolution had a fiscal impact.
The Board adopted Resolution No. 171-19, authorizing the execution and delivery of a multifamily housing revenue note for the purpose of providing financing for the construction of the "691 China Basin Apartments" project. This was sponsored by the Mayor and Supervisor Haney.
The Board adopted Resolution No. 162-19, declaring official intent to reimburse expenditures related to development of the Mission Rock Project from the proceeds of bonds and other debt and making findings under the California Environmental Quality Act. Sponsored by the Mayor and Supervisor Haney.
The Board adopted Resolution No. 163-19, declaring official intent to reimburse expenditures related to development of Pier 70, including affordable housing costs, from the proceeds of bonds and other debt and making findings under the California Environmental Quality Act. Sponsored by the Mayor and Supervisor Walton.
The Board approved on first reading as amended an ordinance amending the Environment Code to require owners of certain nonresidential and residential buildings to annually measure and disclose energy performance. Supervisor Peskin moved that this ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 4, Lines 14-16, by striking 'facility composed of any occupancy types A, B, E, I-1, I12, I-3, M, R-1, R-2, R-2.1, R-3. R-3.1, R-4, and S, as defined by California Building Code Title 24 Section 302 (2016) as amended.' and inserting 'Nonresidential Building or a Residential Buliding, as these terms are defined in this Chapter 20.'; on Page 9, Lines 6-7, by inserting 'as defined in Section 2001 of this Chapter'; and making other clarifying and conforming changes. Sponsored by Brown, Peskin, Mar and Safai. This was recommended by the Land Use and Transportation Committee.
The Board approved on first reading an ordinance amending the Landmark Designation for Landmark No. 204, 906 Broadway (Iglesia de Nuestra Señora de Guadalupe/Our Lady of Guadalupe Church), to confirm exterior and add interior features to the designation. Sponsored by Supervisor Peskin, and was recommended by the Land Use and Transportation Committee.
The Board approved Motion No. M19-063, appointing Hanley Chan to a term ending January 31, 2020, and Victor Olivieri, David Chasteen, Stephen Martin-Pinto, George Chewning, and Christopher Todd McDonald to terms ending January 31, 2023, to the Veterans Affairs Commission. This was recommended by the Rules Committee.
The Board approved Motion No. M19-064, appointing Supervisor Hillary Ronen to the Association of Bay Area Governments and Metropolitan Transportation Commission Legislative Task Force. Supervisor Ronen was excused from voting on this file, and this was recommended by the Rules Committee.
The Board approved Motion No. M19-065, reappointing Allegra Fortunati to the Commission on the Aging Advisory Council, with a term ending March 31, 2021. This was recommended by the Rules Committee.
Supervisors Yee and Haney presented Certificates of Honor to Joanne Donohue, 9-1-1 Supervisor of the Year, and Charlie Caparas, 9-1-1 Dispatcher of the Year, within the Department of Emergency Management, in recognition of their accomplishments and continued community support. Mary Ellen Carroll, Director, Department of Emergency Management, shared in the commendation.
The Board conducted a hearing on an appeal of a Community Plan Evaluation for the proposed project at 1052-1060 Folsom Street and 190-194 Russ Street. Speakers included Sue Hestor and others from the South of Market Community Action Network, Steve Williams (Appellant), Liz White, Kimberly Durandet, and Michael Lee from the Planning Department, Jon Givner from the Office of the City Attorney, and Alice Suet Yee Barkley from Duane Morris, LLP (Project Sponsor). The Board ultimately affirmed the determination by the Planning Department and tabled the motions to reverse the Community Plan Evaluation. Supervisor Safai was excused from voting. Motion No. M19-066 was APPROVED, affirming the determination by the Planning Department. Motions 190095 and 190096 were TABLED.
The Board conducted a hearing on an appeal of a Conditional Use Authorization for the proposed project at 1052-1060 Folsom Street and 190-194 Russ Street. Speakers included Sue Hestor and others from the South of Market Community Action Network, Steve Williams (Appellant), Liz White, Kimberly Durandet, and Michael Lee from the Planning Department, Jon Givner from the Office of the City Attorney, and Alice Suet Yee Barkley from Duane Morris, LLP (Project Sponsor). The Board ultimately moved to conditionally disapprove the decision of the Planning Commission. Supervisor Safai was excused from voting. Motions 190098 was TABLED. Motions 190099, M19-067, and 190100, M19-068 were APPROVED.
The Board approved on first reading an ordinance de-appropriating $124,523.97 from the Wastewater Enterprise Fund Balance and re-appropriating the same amount to the Water Enterprise Fund Balance for the Public Utilities Commission to fund the settlement of the unlitigated claim of Sambou Makalou. This was recommended by the Government Audit and Oversight Committee and sponsored by Supervisor Mandelman.
The Board voted on a resolution opposing California State Senate Bill No. 50, authored by Senator Scott Wiener. Jon Givner (Office of the City Attorney) was granted privilege of the floor and answered any questions. Supervisor Brown requested this Resolution be DUPLICATED, and the board then voted and adopted the resolution. Later, Supervisor Brown moved that this Resolution be AMENDED and re-referred to the Government Audit and Oversight Committee. This was sponsored by Supervisors Mar, Mandelman, Yee, Fewer, Peskin, Walton, Ronen and Haney.
During the public comment period, Dr. Amos C. Brown shared remarks commemorating the 400th anniversary of the Trans-Atlantic Slave trade. Several speakers shared concerns regarding the closure of the Juvenile Justice Center, including Krea Gomez, Candy K. I., R. Isner, Jason Boudin, Rebecca Young, Lucero Herrera, Dan Daniels, and Pastor Keva L. McNaill. Other speakers, including Mr. Saxon, Hayden, and Ken, expressed various concerns regarding public issues along Fillmore Street and in San Francisco neighborhoods. Reuben David Goodman shared concerns regarding the history of the formation of the AFL-CIO, while Otto Dutfy shared concerns regarding rent stabilization across California.
The Board convened in closed session to confer with the City Attorney regarding existing litigation with Pacific Gas and Electric Company. Supervisors Brown, Fewer, Haney, Mandelman, Peskin, Ronen, Safai, Stefani, Walton, and Yee were present. Jon Givner and Theresa Mueller, Deputy City Attorneys, Harlan Kelly, Jr., and Barbara Hale from the San Francisco Public Utilities Commission, and Angela Calvillo and John Carroll from the Office of the Clerk of the Board were also in attendance. No action was taken, and the Board elected not to disclose its closed session deliberations. Supervisor Brown, Haney, and Mar were absent at the time of the vote.
The Board adopted Resolution No. 173-19, supporting California State Assembly Bill No. 539, authored by Assembly Member Monique Limón, to cap interest rates on consumer loans at 36% per annum plus the Federal Funds Rate for loans with a principal amount greater than $2,500 and lesser than $10,000. This was for adoption without committee reference and was sponsored by Supervisor Brown.
The Board adopted Resolution No. 174-19, determining that the public interest and necessity require changing the electric service provided in San Francisco and requesting a report from the San Francisco Public Utilities Commission on options for improving electric service in San Francisco through acquisition, construction or completion of public utility or utilities. This was for adoption without committee reference and was sponsored by Ronen; Peskin and Fewer.
The Board adopted Resolution No. 175-19, urging the Honorable Gavin Newsom, Governor of California, to grant Kang Hen a full pardon, and the Santa Clara District Attorney’s Office to vacate his plea to allow him to remain in the United States with his family. This was for adoption without committee reference and was sponsored by Walton, and Supervisor Safai requested to be added as a co-sponsor.
An ordinance was introduced to establish the Castro Lesbian, Gay, Bisexual, Transgender, and Queer (LGBTQ) Cultural District and require reports and recommendations from the Mayor's Office of Housing and Community Development. This was ASSIGNED UNDER 30 DAY RULE to Rules Committee and sponsored by Mandelman; Brown and Ronen.
An ordinance was introduced amending the Plumbing Code to add a requirement for the placement and minimum size of building traps and directing the Clerk of the Board of Supervisors to forward this Ordinance to the California Building Standards Commission upon final passage. This was SUBSTITUTED AND ASSIGNED to Land Use and Transportation Committee and sponsored by Peskin.
An ordinance was introduced amending the Administrative Code to allow applications for Mills Act contracts for historic properties to be filed concurrently with applications for designation of the same properties and was ASSIGNED UNDER 30 DAY RULE to Land Use and Transportation Committee and sponsored by Peskin.
An ordinance was introduced amending the Administrative Code to require the City to close Juvenile Hall by December 31, 2021, expand community-based alternatives to detention, and provide a rehabilitative, non-institutional place of detention, in a location approved by the Court. This was ASSIGNED UNDER 30 DAY RULE to Rules Committee and sponsored by Walton; Ronen, Haney, Mar, Peskin, Fewer, Brown and Safai.
A resolution supporting California State Assembly Bill No. 857, the “Public Banking Act”, authored by Assembly Members David Chiu and Miguel Santiago, to allow local government to apply for a state banking charter to establish a public bank was REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING and sponsored by Fewer; Walton, Brown, Ronen and Haney.
A resolution supporting California State Assembly Bill No. 1605, authored by Assembly Members Phil Ting and Richard Bloom, authorizing the City and County of San Francisco by ordinance to conduct a reservation and pricing program for vehicles that use the “Crooked Street” on Lombard Street between Leavenworth Street and Hyde Street was REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING and sponsored by Stefani.
A Motion scheduling the Board of Supervisors to sit as a Committee of the Whole on May 7, 2019, at 4:00 p.m., to hold a public hearing on a Resolution approving a report of assessment costs submitted by the Director of Public Works for work done or caused to be done through the Sidewalk Inspection and Repair Program was REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
A Motion scheduling the Board of Supervisors to sit as a Committee of the Whole on May 7, 2019, at 4:00 p.m., to hold a public hearing on a Resolution approving a report of assessment costs submitted by the Director of Public Works for inspection and/or repair of blighted properties ordered through the Accelerated Sidewalk Abatement Program was REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Hearing to examine industry practices, policies, and protocols regarding the installation of new wiring, maintenance of existing wires, inspections of abandoned wiring, and the condition of utility poles; and requesting Pacific Gas and Electric, Comcast, AT&T, Public Works, and Public Utilities Commission to report. This was RECEIVED AND ASSIGNED to Public Safety and Neighborhood Services Committee, sponsored by Fewer; Stefani.
Hearing on City College of San Francisco's proposed course changes and reductions; and requesting City College of San Francisco to report. This was RECEIVED AND ASSIGNED to Joint City, School District, and City College Select Committee and sponsored by Haney; Mar.
Hearing to receive presentations on the City's affordable housing resources for seniors, including but not limited to, the existing portfolio, future projects, and analysis of present and future needs; and requesting the Mayor's Office of Housing and Community Development, Department of Aging and Adult Services, Department of Public Health, and the Capital Planning Committee to report. This was RECEIVED AND ASSIGNED to Land Use and Transportation Committee and sponsored by Yee; Peskin, Safai, Fewer and Mar.
Ordinance authorizing settlement of the lawsuit filed by Alyx Cronin against the City and County of San Francisco for $67,000; the lawsuit was filed on June 8, 2018, in San Francisco Superior Court, Case No. CGC-18-567064; entitled Alyx Cronin v. The City and County of San Francisco, et al.; the lawsuit involves alleged personal injury from a vehicle collision. This was RECEIVED AND ASSIGNED to Government Audit and Oversight Committee.
Ordinance authorizing settlement of the lawsuit filed by Timothy Doyle against the City and County of San Francisco for $75,000; the lawsuit was filed on December 13, 2016, in San Francisco Superior Court, Case No. CGC-16-555897; entitled Timothy Doyle v. City and County of San Francisco, et al.; the lawsuit involves alleged personal injury from a vehicle collision. This was RECEIVED AND ASSIGNED to Government Audit and Oversight Committee.
Ordinance authorizing settlement of the lawsuit filed by Tyler Francis O’Connor against the City and County of San Francisco for $125,000; the lawsuit was filed on May 17, 2017, in San Francisco Superior Court, Case No. CGC-17-558989; entitled Tyler Francis O’Connor v. City and County of San Francisco; the lawsuit involves alleged personal injury from vehicle collision. This was RECEIVED AND ASSIGNED to Government Audit and Oversight Committee.
Ordinance authorizing settlement of the lawsuit filed by Fidelia del Carmen May Can, Rosana Guadalupe Gongora May, Luis Rodolfo Gongora May, and Angel de Jesus May against the City and County of San Francisco for $140,000; the lawsuit was filed on October 11, 2016, in United States District Court, Case No. 16-cv-05771; entitled Fidelia del Carmen May Can, et al. v. City and County of San Francisco, et al.; the lawsuit involves alleged civil rights violation. This was RECEIVED AND ASSIGNED to Government Audit and Oversight Committee.
Resolution authorizing the General Manager of the San Francisco Public Utilities Commission to execute a Memorandum of Agreement with the United States Department of the Interior, National Park Service, Yosemite National Park, for comprehensive management of watersheds supplying the San Francisco Regional Water System for an amount not to exceed $33,257,629 and a total term of four years from July 1, 2020, through June 30, 2024, pursuant to Charter, Section 9.118. This was RECEIVED AND ASSIGNED to Budget and Finance Sub-Committee.
Resolution approving report of assessment costs submitted by the Director of Public Works for sidewalk and curb repairs through the Sidewalk Inspection and Repair Program, ordered to be performed by said Director pursuant to the provisions of Public Works Code, Section 706.9, and Administrative Code, Section 80, the costs thereof having been paid for out of a revolving fund. This was RECEIVED AND ASSIGNED to Board of Supervisors.
Resolution approving report of assessment costs submitted by the Director of Public Works for inspection and/or repair of blighted properties ordered through the Accelerated Sidewalk Abatement Program, ordered to be performed by said Director pursuant to the provisions of Administrative Code, Chapter 80, the costs thereof having been paid for out of a blight abatement fund. This was RECEIVED AND ASSIGNED to Board of Supervisors.