The San Francisco Board of Supervisors met on May 7, 2019, addressing a wide array of issues including lawsuit settlements, land use and transportation matters, and public safety. Key items included approvals for settling multiple lawsuits, ordinances related to street vacation and plumbing codes, and a development agreement. The Board also discussed a proposed general obligation bond for earthquake safety and emergency response, as well as an affordable housing bond. Public testimony largely revolved around opposition to naming the Chinatown Subway Station after Rose Pak. Several supervisors introduced new resolutions on topics ranging from tenant protection to the recognition of Missing and Murdered Indigenous Women. Additional focus was given to financial issues, specifically related to Hall of Justice appropriation, bond measurements, and an economic discussion over a new proposed stock based compensation tax to fund affordable housing. The discussion was deeply woven in California State regulations on both sides
Remarks
President Yee reported on his trip to Washington D.C. and concerns shared by other cities on homelessness and transportation.
President Yee informed the Board about his recent visit to Washington, D.C., for a Chamber of Commerce event. He noted that the principal concerns expressed by other cities and counties were homelessness and transportation, which coincide with the issues San Francisco is also experiencing.
Consent Agenda
The board approved several lawsuit settlements under the consent agenda.
The Board approved a series of lawsuit settlements under the Consent Agenda, all related to recommendations from the Government Audit and Oversight Committee. These included:
-Settlement of a lawsuit filed by Peter Dayton for $60,000 related to an employment dispute (Ordinance No. 088-19).
-Partial settlement of a lawsuit filed by Chris Tilton and Blane Bachelor for $301,000 related to inverse condemnation arising out of flooding damage (Ordinance No. 089-19).
-Settlement of a lawsuit filed by Hanover Insurance Company a/s/o YWX Holdings, Inc. for $62,500 related to alleged property damage by sewer backup (Ordinance No. 090-19).
-Settlement of a lawsuit filed by Max Luster for $75,000 related to alleged personal injury on a City street (Ordinance No. 094-19).
-Settlement of a lawsuit filed by Alyx Cronin for $67,000 related to alleged personal injury from a vehicle collision (Ordinance No. 095-19).
-Settlement of a lawsuit filed by Timothy Doyle for $75,000 related to alleged personal injury from a vehicle collision (Ordinance No. 096-19).
-Settlement of a lawsuit filed by Tyler Francis O’Connor for $125,000 related to alleged personal injury from a vehicle collision (Ordinance No. 097-19).
-Settlement of a lawsuit filed by Fidelia del Carmen May Can, Rosana Guadalupe Gongora May, Luis Rodolfo Gongora May, and Angel de Jesus May for $140,000 related to alleged civil rights violation (Ordinance No. 098-19).
-All ordinances were FINALLY PASSED
Consent Agenda
The board passed ordinances related to street vacation, plumbing codes, and a development agreement.
Under the Consent Agenda, the Board also addressed items related to land use and transportation:
-An ordinance ordering the summary street vacation of the 900 block of Francisco Street in connection with Francisco Park improvements, including an interdepartmental property transfer (Ordinance No. 085-19).
-An ordinance amending the Plumbing Code to add a requirement for the placement and minimum size of building traps (Ordinance No. 087-19).
-An ordinance approving a Development Agreement between the City and SYTS Investments, LLC, for the development project at 915 Cayuga Avenue, including provisions for below market rate units (Ordinance No. 091-19).
-An ordinance amending the Planning Code to establish the Cayuga/Alemany Special Use District (SUD) for the property located at 915 Cayuga Avenue and amending the Zoning Map (Ordinance No. 092-19).
-An ordinance amending the Zoning Map to change the zoning district on Assessor’s Parcel Block No. 6954, Lot No. 039, from RH-1 and Excelsior Outer Mission Street Neighborhood Commercial District to Excelsior Outer Mission Street Neighborhood Commercial District (Ordinance No. 093-19).
-The board approved an ordinance amending the Administrative Code regarding mayoral question deadlines
-All ordinances were FINALLY PASSED
Consent Agenda
An ordinance was approved related to modifying deadlines for the Mayor's question-and-answer session before the Board.
Recommendation of the Rules Committee
[Administrative Code - Mayoral Question-and-Answer Session at the Board of Supervisors]190216
Sponsor: Mar
Ordinance amending the Administrative Code to authorize the Clerk of the Board of Supervisors to
modify deadlines for submission of question topics by Supervisors in advance of the Mayor’s
appearance at the Board of Supervisors for a question-and-answer session.
Ordinance No. 086-19
FINALLY PASSED
Unfinished Business
The board approved an ordinance related to public campaign financing.
The Board FINALLY PASSED an ordinance amending the Campaign and Governmental Conduct Code to modify the deadline for participation in the City’s public financing program and the operation of individual expenditure ceilings for participating candidates (Ordinance No. 083-19). This required a two-thirds vote.
New Business
The board approved appropriation and acquisition for Hall of Justice relocation.
The Board addressed new business related to recommendations from the Budget and Finance Sub-Committee:
-An ordinance appropriating $16,000,000 of Certificates of Participation to the General Services Agency to purchase the property located at 814-820 Bryant Street and 470-6th Street for the Hall of Justice Relocation Project. PASSED ON FIRST READING
-A resolution authorizing the Director of the Real Estate Division to acquire the property located at 814-820 Bryant Street and 470-6th Street for $11,520,000 and authorizing the Controller to cause the execution and delivery of taxable or tax-exempt Certificates of Participation not to exceed $16,000,000. ADOPTED (Resolution No. 225-19)
New Business
The board adopted a resolution fixing prevailing wage rates for various workers.
The Board ADOPTED Resolution No. 226-19 fixing prevailing wage rates for various workers performing work in connection with City contracts or property. This included workers in public works, janitorial services, parking lots, theatrical services, solid waste hauling, moving services, exhibit/trade shows, broadcast services, loading/unloading, security guard services, and motor bus service contracts.
New Business
The board approved contracts and lease amendments related to the Airport.
The Board approved the following Airport-related items:
-A resolution approving an award of the Airport Contract No. 50175 for AirTrain Operation and Maintenance to Bombardier Transportation (Holdings) USA, Inc. for a term of ten years not to exceed $219,541,698 (Resolution No. 230-19). ADOPTED
-A resolution approving Amendment No. 1 to Terminal 3 Concourse Specialty Store Lease No. 09-0176 between Air Sun J.V. and the City for an extension of the term through December 31, 2020 (Resolution No. 231-19). ADOPTED
New Business
The board approved a contract amendment for HealthRIGHT 360 for fiscal intermediary services.
The Board ADOPTED Resolution No. 232-19 approving Amendment No. 4 to the agreement between HealthRIGHT 360 and the Department of Public Health for fiscal intermediary check-writing services, increasing the agreement amount by $8,606,414 for a total not to exceed $100,947,391 and extending the term by 18 months to December 31, 2020.
New Business
The board passed on first reading an ordinance concerning residential hotel status reports.
The Board PASSED ON FIRST READING an ordinance amending the Administrative Code to require the completion of a report of residential hotel status and disclosure to the buyer or transferee prior to the sale or transfer of a residential hotel.
New Business
The board adopted a resolution of intention to renew and expand the Union Square Business Improvement District.
The Board ADOPTED Resolution No. 221-19 declaring the intention to renew and expand the Union Square Business Improvement District and levy a multi-year assessment on all parcels in the District. This set a public hearing for July 9, 2019.
New Business
The board passed on first reading an ordinance requiring brick-and-mortar businesses to accept cash.
The Board PASSED ON FIRST READING an ordinance amending the Police Code to require brick-and-mortar businesses to accept payment in cash for goods and services other than professional services.
New Business
The board adopted an amended resolution supporting California State Assembly Bill No. 392 regarding police use of force.
The Board ADOPTED AS AMENDED Resolution No. 227-19 supporting California State Assembly Bill No. 392, the California Act to Save Lives, which incorporates police best practices related to the use of deadly force. An amendment was added to include reference to Senate Bill 230 and San Francisco's crisis intervention training.
Committee of the Whole
The board, sitting as a Committee of the Whole, heard objections to reports of assessment costs for sidewalk repairs.
The Board, sitting as a Committee of the Whole, conducted hearings to consider objections to reports of assessment costs for sidewalk and curb repairs through the Sidewalk Inspection and Repair Program (File No. 190349 and 190350) and the Accelerated Sidewalk Abatement Program (File No. 190352 and 190353). Michael Lennon from Public Works provided an overview, and several speakers voiced objections to proposed assessments.
Hearing
The board adopted resolutions approving reports of assessment costs for sidewalk repair programs.
Following the Committee of the Whole hearings, the Board ADOPTED Resolution No. 228-19 approving the report of assessment costs for the Sidewalk Inspection and Repair Program and ADOPTED Resolution No. 229-19 approving the report of assessment costs for the Accelerated Sidewalk Abatement Program. Michael Lennon from Public Works stated there were no changes needed for the assessment reports.
Public Testimony
Members of the public shared their concerns regarding affordable housing, public comment speaking, and the proposal to name the Chinatown Subway Station after Rose Pak.
During the public comment period, speakers shared concerns regarding affordable housing, inconsistencies in project tax credits, and the street name change process. There was significant opposition to the proposal to name the Chinatown Subway Station the “Rose Pak Chinatown Station.” Several speakers also raised concerns regarding the plight of taxi medallion holders and shared additional information regarding public comment speaking and violations of the Sunshine Ordinance Task Force Ordinance.
For Adoption Without Committee Reference
The board approved a final map for a new condominium project at 595 Mariposa Street.
The board APPROVED Motion No. M19-087, approving Final Map 9530, a 20 residential unit new condominium project, located at 595 Mariposa Street.
For Adoption Without Committee Reference
The board adopted a resolution declaring May 10th as Transcontinental Chinese Railroad Workers Day.
The board ADOPTED AS AMENDED a resolution commemorating the 150th Anniversary of the completion of the Transcontinental Railroad, honoring the contributions of Chinese railroad workers, and declaring May 10, 2019, and every May 10 thereafter, as Transcontinental Chinese Railroad Workers Day in the City and County of San Francisco. The title of the ordinance was amended to specify "Chinese Railroad Workers Day." (Resolution No. 233-19)
For Adoption Without Committee Reference
The board continued a resolution supporting Kome Seafood Buffet workers' demands to settle wage claims to the next meeting.
The board CONTINUED to the Board of Supervisors meeting of May 14, 2019, a resolution supporting Kome Seafood Buffet workers’ demands to settle wage claims.
Legislation Introduced
Mayor and Supervisors introduced ordinances for general obligation bond elections related to earthquake safety and affordable housing, and ordinances regarding planning and administrative codes.
Several ordinances and resolutions were introduced:
-Ordinance calling for a special election on March 3, 2020, for a $628,500,000 general obligation bond for earthquake safety and emergency response (File No. 190494). ASSIGNED TO Budget and Finance Committee.
-Ordinance calling for a special election on November 5, 2019, for a $500,000,000 general obligation bond for affordable housing (File No. 190495). ASSIGNED TO Budget and Finance Committee.
-Ordinance amending the Planning Code regarding intermittent activities (farmers market) (File No. 190459). ASSIGNED TO Land Use and Transportation Committee.
-Ordinance amending the Planning and Building Codes regarding residential demolition, merger, conversion, and alteration (File No. 181216). ASSIGNED to Land Use and Transportation Committee.
-Ordinance amending the Planning Code for legitimization program for non-residential uses at 3150-18th Street (File No. 190165). ASSIGNED to Land Use and Transportation Committee.
-Ordinance amending the Administrative Code regarding the Office of Sexual Harassment and Assault Response and Prevention (File No. 190496). ASSIGNED to Rules Committee.
-Ordinance amending the Administrative Code regarding the Mental Health Board/Behavioral Health Commission (File No. 190497). ASSIGNED to Rules Committee.
-Ordinance appropriating funds for District 7 participatory budgeting and disaster planning projects and Vision Zero projects (File No. 190498). ASSIGNED to Budget and Finance Committee.
-Ordinance amending the Administrative Code dissolving the Workforce Community Advisory Committee and the Committee on City Workforce Alignment (File No. 190499). ASSIGNED to Rules Committee.
-Resolution determining public interest for earthquake safety bond (File No. 190500). ASSIGNED to Budget and Finance Committee.
-Resolution determining public interest for affordable housing bond (File No. 190501). ASSIGNED to Budget and Finance Committee.
Legislation Introduced
Supervisors also introduced resolutions related to real property, tenant protection, budget priorities, and more.
-Resolution approving master lease with JELANI INC. for transitional housing (File No. 190502). ASSIGNED to Budget and Finance Sub-Committee.
-Resolution supporting California State Assembly Bill No. 1482 (rent caps) (File No. 190503). ASSIGNED to Land Use and Transportation Committee.
-Resolution urging specific public safety and behavioral health priorities in the FY2020-2021 budget (File No. 190510). REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
-Resolution supporting California State Assembly Bill No. 1481 (just cause evictions) (File No. 190504). REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
-Resolution proclaiming May 2019 as “Bladder Cancer Awareness Month” (File No. 190505). REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
-Resolution honoring Missing and Murdered Indigenous Women (File No. 190506). REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
-Resolution nominating Supervisor Peskin or Mandelman to California Coastal Commission (File No. 190511). REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
-Resolution urging creation of a systematic daylighting plan (File No. 190507). REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.
Legislation Introduced
A motion was introduced regarding a stock-based compensation tax, and a request for a hearing on the nine-month budget status report was made.
A Motion ordering the submission to the voters of an ordinance amending the Business and Tax Regulations Code and Administrative Code to impose an additional tax on stock-based compensation payroll expense (File No. 190508) was ASSIGNED to Budget and Finance Sub-Committee. A request for a hearing on the FY2018-2019 nine-month budget status report (File No. 190509) was ASSIGNED to Budget and Finance Committee.
Legislation Introduced
The Planning Commission introduced an ordinance to Planning Code regarding obstructions in setbacks, yards, and usable open space.
An Ordinance amending the Planning Code to allow obstructions in required setbacks, yards, and usable open space (File No. 190454) was RECEIVED FROM DEPARTMENT and ASSIGNED to Land Use and Transportation Committee.
Legislation Introduced
The Public Utilities Commission introduced a resolution for real property lease extension for 651 Bryant Street.
A resolution authorizing the General Manager of the San Francisco Public Utilities Commission to exercise a lease extension for the real property located at 651 Bryant Street with William H. Banker, Jr. (File No. 190455) was RECEIVED FROM DEPARTMENT and ASSIGNED to Budget and Finance Sub-Committee.
Legislation Introduced
The Human Services Agency introduced a resolution related to a grant agreement amendment with Wu Yee Children's Services.
A resolution retroactively approving the first amendment to the grant agreement between the City and County of San Francisco and Wu Yee Children’s Services (File No. 190456) was RECEIVED FROM DEPARTMENT and ASSIGNED to Budget and Finance Sub-Committee.