Imperium

The Board of Supervisors finalized Ordinance No. 095-23, which amends the Administrative Code concerning the purchase and sale of electricity and related products by the Public Utilities Commission. The changes involve modifying waivers of specific contract-related requirements in the Administrative and Environment Codes for electricity and related product transactions, authorizing binding arbitration for contracts with Investor Owned Utilities, and increasing the annual expenditure limit for energy procurements from $150,000,000 to $200,000,000. The ordinance passed with a vote of 10 Ayes and Supervisor Stefani excused.

The Board of Supervisors addressed several items related to land use and housing. First, File Nos. 221021 and 221105, sponsored by Supervisors Dorsey and Peskin, respectively, were considered together. Ordinance No. 091-23 amended the Planning Code to allow projects to qualify for a density bonus under the Housing Opportunities Mean Equity (HOME-SF) Program by agreeing to subject new dwelling units to the rent increase limitations of the Rent Ordinance, modifying the zoning changes available to HOME-SF projects, and making conforming amendments in the Administrative Code. Ordinance No. 092-23 amended the Planning Code to exclude designated historic districts under Article 10 of the Planning Code from the provisions of the Home Ownership Means Equity-San Francisco (HOME-SF) Program. Both ordinances passed with a vote of 10 Ayes and Supervisor Stefani excused. Additionally, Ordinance No. 094-23, sponsored by Supervisors Ronen, Walton, Chan, and Dorsey, amending the Administrative Code to expand the Displaced Tenant Preference in City Affordable Housing Programs to cover tenants whose unlawful unit has been removed as a residential unit by a written approval by the Planning Commission or denial of an application to legalize the unlawful unit. Supervisor Dorsey requested that this ordinance be duplicated on final passage, resulting in Duplicated File No. 230560. File No. 230560 was then amended to include tenants displaced due to flooding, allowing fire marshal and building inspection officials to assess displacement, and making other conforming changes. The amended ordinance was then re-referred to the Land Use and Transportation Committee.

The Board of Supervisors approved Ordinance No. 097-23, sponsored by Supervisor Peskin, which amends the Existing Building Code to require buildings with 15 or more stories constructed after 1998 to conduct and submit façade inspection reports. The ordinance passed with a vote of 10 Ayes and Supervisor Stefani excused.

The Board of Supervisors approved Ordinance No. 096-23, sponsored by Supervisor Peskin, which amends the Police Code to change from 10:00 p.m. to 11:00 p.m., the time at which a Live Performance in the Polk Street Neighborhood Commercial District under a Limited Live Performance Permit must conclude. The ordinance passed with a vote of 10 Ayes and Supervisor Stefani excused.

The Board of Supervisors approved Ordinance No. 093-23, sponsored by Supervisor Safai, which amends the Campaign and Governmental Conduct Code to create a Permit Prioritization Task Force. The task force will be responsible for developing a recommended Citywide list of prioritized permits and project types and recommending permit prioritization guidelines to the Department of Building Inspection, the Planning Department, and the Department of Public Works. The ordinance also requires those departments to review and update their permit prioritization guidelines periodically and requires the commissions that oversee each department to approve the department’s permit prioritization guidelines. Supervisors Chan, Melgar, and Peskin voted No, while the remaining seven supervisors voted Aye, with Supervisor Stefani excused.

The Board of Supervisors passed on first reading an ordinance, sponsored by Supervisor Melgar and co-sponsored by Supervisors Chan, Mandelman, Preston, and Safai, amending the Business and Tax Regulations Code to extend for five years, until December 31, 2028, the credit against the Early Care and Education Commercial Rents Tax for qualifying child care facilities. Supervisor Preston requested to be added as a co-sponsor. The ordinance passed with a vote of 10 Ayes and Supervisor Stefani excused.

The Board of Supervisors considered File Nos. 230368, 230369, and 230370 together. Ordinance No. 230368, sponsored by the Mayor and Supervisor Preston, appropriates $275,000,000 consisting of appropriation of Refunding Certificates of Participation Series 2023-R1 proceeds, de-appropriation of prior reserve funds, and re-appropriation of the same amount to Refunding Certificates of Participation Series 2023-R1. Ordinance No. 230369, also sponsored by the Mayor and Supervisor Preston, authorizes the execution and delivery of refunding Certificates of Participation, in an aggregate amount not to exceed $275,000,000 to prepay certain certificates of participation that financed and refinanced various capital improvement projects within the City and County of San Francisco. Ordinance No. 230370, also sponsored by the Mayor and Supervisor Preston, authorizes the execution and delivery of Certificates of Participation, in an aggregate principal amount of not to exceed $146,800,000 to finance and refinance certain capital improvement, affordable housing and community facilities development projects within the City and County of San Francisco’s. All three ordinances passed on first reading with a vote of 10 Ayes and Supervisor Stefani excused.

The Board of Supervisors passed on first reading an ordinance, sponsored by the Mayor, amending the Transportation Code to authorize the Service Authority for the Abatement of Abandoned Vehicles to extend the $1 abandoned vehicle abatement fee on all vehicles registered to City residents for ten years, from June 1, 2023, through May 31, 2033. This required a vote of two-thirds (8 votes) of all members of the Board of Supervisors to approve the collection of this service fee. It passed with a vote of 10 Ayes and Supervisor Stefani excused.

The Board of Supervisors considered File Nos. 230402 and 230434 together. Resolution No. 260-23 approves the exercise of the second of two one-year extension options under Lease No. 09-0023, between Michael C. Mitchell and the City and County of San Francisco, acting by and through its Airport Commission, to extend the Lease for one year, for a period of May 1, 2024, through April 30, 2025, and increasing the annual rent to $150,450 for office and industrial space occupied by the San Francisco International Airport Reprographics Department at 837 Malcolm Road, Burlingame. Resolution No. 264-23 approves Amendment No. 3 to the Airport Luggage Cart Lease and Operating Agreement No. 19-0069 between Smarte Carte, Inc., as tenant, and the City and County of San Francisco, acting by and through its Airport Commission, to modify the methodology used for escalating the flat service fee associated with the provision of free luggage cart service in the Federal Inspection Service (FIS) Area. Both resolutions were adopted with a vote of 10 Ayes and Supervisor Stefani excused.

The Board of Supervisors adopted Resolution No. 265-23, sponsored by the Mayor and Supervisor Mandelman, authorizing the Mayor’s Office of Housing and Community Development, on behalf of the City and County of San Francisco, to execute a grant application for a grant to fund affordable housing development under the California Department of Housing and Community Development’s Local Housing Trust Fund Program, for an amount not to exceed $5,000,000. The resolution was adopted with a vote of 10 Ayes and Supervisor Stefani excused.

The Board of Supervisors considered File Nos. 230448 and 230449 together. Regarding File No. 230448, Supervisor Safai moved to accept Amendment No. 1 to the Memorandum of Understanding that revises ‘Section 14.2, For Employees on a 48.7 Hours Average Work Week’ by changing ‘Effective July 1, 2022 through close of business June 30, 2023’ to ‘Upon request of the Chief of the Fire Department’, by changing ‘is’ to ‘may be’, and adding ‘by the DHR Director if DHR determines it is necessary to address mandatory overtime, DHR’s determination on whether to provide a waiver is non-grievable.’ Supervisor Safai then moved that this Ordinance be RE-REFERRED to the Government Audit and Oversight Committee, after accepting amendments to the Memorandum of Understanding. The motion carried with a vote of 10 Ayes and Supervisor Stefani excused. The same actions were taken for File No. 230449.

The Board of Supervisors adopted Resolution No. 261-23, sponsored by Supervisor Peskin, selecting Macias Gini & O'Connell LLP as independent auditors for the Controller's Office and the separately audited departments of the City, for an amount not to exceed $6,806,424 for a four-year contract term to commence July 1, 2023, through June 30, 2027. The resolution was adopted with a vote of 10 Ayes and Supervisor Stefani excused.

The Board of Supervisors addressed File No. 230192, sponsored by Supervisor Mandelman, which is an Ordinance amending the Landmark Designation for Landmark No. 100, 429-431 Castro Street (the Castro Theatre), under Article 10 of the Planning Code. Supervisor Mandelman moved that this Ordinance be CONTINUED ON FIRST READING to the Board of Supervisors meeting of June 6, 2023. The motion carried with a vote of 10 Ayes and Supervisor Stefani excused.

The Board of Supervisors adopted Resolution No. 259-23, authorizing acceptance and recording of 124 Avigation Easements from various property owners in San Mateo County required for the San Francisco International Airport's Noise Insulation Program. The resolution was adopted with a vote of 10 Ayes and Supervisor Stefani excused.

The Board of Supervisors passed on first reading an ordinance, sponsored by Supervisors Stefani and Safai, amending the Administrative Code to expand the definition of “public service” to allow members of the San Francisco Employees’ Retirement System to purchase service credit for time served in the military before City employment. The ordinance passed with a vote of 10 Ayes and Supervisor Stefani excused.

The Board of Supervisors approved Motion No. M23-072, appointing Yaman Salahi, term ending February 1, 2029, to the Ethics Commission. The motion was approved with a vote of 10 Ayes and Supervisor Stefani excused.

The Board of Supervisors, sitting as a Committee of the Whole, convened a hearing to consider objections to a report of assessment costs submitted by the Director of Public Works for inspection and/or abatement of blighted conditions. Alisha Whitt (Public Works) provided an overview of the assessments. Jose Rojas; Speaker; Ken; Alexandra Nancy Thompson; spoke in opposition to certain assessments in the report. Afterwards the President closed public comment, declared the matter heard and filed, adjourned as the Committee of the Whole, and reconvened as the Board of Supervisors. During the reconvening they adopted Resolution No. 258-23, after accepting the amendments to the accompanying report, by the following vote: Ayes: 10 - Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Walton and Excused: 1 - Stefani

The Board of Supervisors adopted Resolution No. 262-23, approving Amendment No. 2 to the agreement between Mount St. Joseph-St. Elizabeth and the Department of Public Health (DPH), for behavioral health services to women, children, and families; to increase the agreement by $11,169,510 for a total amount not to exceed $20,541,061; to extend the term by four years from June 30, 2023, for a total agreement term of January 1, 2018, through June 30, 2027. Additionally, Resolution No. 263-23 retroactively approving an agreement between the San Francisco Department of Public Health and the San Francisco Unified School District having anticipated revenue to the City of $1,000,000 or more for students with disabilities to receive special education and educationally related mental health services. Both resolutions were adopted with a vote of 10 Ayes and Supervisor Stefani excused.

The Board of Supervisors passed on first reading an ordinance, sponsored by Supervisors Engardio, Mandelman, and Safai, amending the Planning, Building, and Fire Codes to codify the annual waiver of awning replacement fees and awning sign fees applied for during the month of May, to annually waive fees for new awning installations applied for during the months of May 2023 and May 2024, and to indicate that the Planning Code, Building, and Fire Code waivers pertaining to pedestrian street lighting as well as awning replacement, awning installation, and awning sign fees are keyed to permit application in May rather than permit issuance in May. The ordinance passed with a vote of 10 Ayes and Supervisor Stefani excused.

The Board of Supervisors adopted Resolution No. 256-23, authorizing the placement of a commemorative plaque or statuary in United Nations Plaza in memory of Judith Heumann. The board also adopted Resolution No. 257-23, initiating a landmark designation under Article 10 of the Planning Code for the Westwood Park Entrance Gates, located at the intersection of Miramar Avenue and Monterey Boulevard, and the Westwood Park Entrance Pillars located at the intersection of Miramar Avenue and Ocean Avenue. Both resolutions were adopted with a vote of 10 Ayes and Supervisor Stefani excused.

The Board of Supervisors adopted Resolution No. 255-23, urging the Recreation and Park Commission to remove the name Stow from the Lake at John F. Kennedy Drive and Martin Luther King Jr. Drive, the Boathouse located in Golden Gate Park surrounding Strawberry Hill, and the Drive circling Strawberry Hill; and to rename the Lake, Boathouse, and Drive to a name that reflects San Francisco’s expressed values of celebrating diversity. The resolution was adopted with a vote of 10 Ayes and Supervisor Stefani excused.

The Board of Supervisors addressed items under "For Adoption Without Committee Reference". Resolution No. 271-23 recognizes the month of May 2023 as Jewish American Heritage Month in the City and County of San Francisco. Resolution No. 272-23 supporting California State Senate Bill No. 272, introduced by Senator John Laird on Sea Level Rise: Planning and Adaptation. Resolution No. 273-23 supporting the Writers’ Guild of America West in their campaign for fair compensation and reasonable working conditions, urging the employers to negotiate in good faith to swiftly reach an agreement that recognizes the writers' important work, and urging the Film Office to report on the strike impact on a regular basis. All resolutions were adopted with a vote of 10 Ayes and Supervisor Stefani excused.

The Board of Supervisors adopted two resolutions that were previously severed from the "For Adoption Without Committee Reference" agenda. Resolution No. 270-23 declares May 18, 2023, as Asian American and Pacific Islander Against Bullying and Hate Day in the City and County of San Francisco. Resolution No. 275-23 urging San Francisco law enforcement agencies to administer victim services and justice equitably. Both resolutions were adopted with a vote of 10 Ayes and Supervisor Stefani excused.

The Board of Supervisors amended Resolution No. 274-23, then adopted it by the following vote: Ayes: 10 - Chan, Dorsey, Engardio, Mandelman, Melgar, Peskin, Preston, Ronen, Safai, Walton and Excused: 1 - Stefani . The ordinance itself was a resolution supporting San Francisco’s grant application to the U.S. Department of Agriculture in response to its Forest Service Urban and Community Forestry Inflation Reduction Act Notice of Funding Opportunity (NOFO) and included changes about where funding would go. They also adopted Motion No. M23-073, appointing Hillary Brown, term ending February 1, 2025, to the Park, Recreation, and Open Space Advisory Committee.

The Board of Supervisors introduced the following legislation for consideration: Ordinance No. 230561, adopting and implementing the Memorandum of Understanding between the City and County of San Francisco and the Municipal Executives Association - Fire; Ordinance No. 230562, adopting and implementing the Memorandum of Understanding between the City and County of San Francisco and the Municipal Executives Association - Police; Ordinance No. 230563, fixing compensation for persons employed by the City and County of San Francisco whose compensation is subject to the provisions of Section A8.409 of the Charter, in job codes not represented by an employee organization; Ordinance No. 230564, adopting and implementing the Second Amendment to the 2022-2024 Memorandum of Understanding between the City and County of San Francisco and Service Employees International Union, Local 1021; Ordinance No. 230565, adopting and implementing the Third Amendment to the 2022-2024 Memorandum of Understanding between the City and County of San Francisco and Service Employees International Union Local 1021; Ordinance No. 230566, adopting and implementing the Fourth Amendment to the 2022-2024 Memorandum of Understanding between the City and County of San Francisco and Service Employees International Union, Local 1021; Ordinance No. 230567, adopting and implementing the First Amendment to the 2022-2024 Memorandum of Understanding between the City and County of San Francisco and the Municipal Executives Association; Ordinance No. 230568, adopting and implementing the Second Amendment to the 2022-2024 Memorandum of Understanding between the City and County of San Francisco and the Municipal Executives Association; Ordinance No. 230569, amending the Administrative Code to extend the sunset date of the San Francisco Sentencing Commission to June 30, 2026; Ordinance No. 230570, waiving the public right-of-way occupancy assessment fee under Public Works Code, Section 786.7, for a major encroachment permit associated with the Seal Rock Inn at 545 Point Lobos Avenue.

The Board of Supervisors introduced the following resolutions for consideration: Resolution No. 230571, approving the second amendment to the grant agreement between Episcopal Community Services and the Department of Homelessness and Supportive Housing for shelter services at Sanctuary Shelter; Resolution No. 230572, approving Amendment No. 3 to the agreement between Community Forward SF Inc. and the Department of Public Health, for Substance Use Disorder and Mental Health Services; Resolution No. 230573, authorizing a lease with the State of California, acting by and through its Department of Transportation, for the Recreation and Park Department to operate a property commonly known as Assessor’s Parcel Block No. 5331, Lot No. 056; Resolution No. 230574, extending by 90 days the prescribed time within which the Historic Preservation Commission to respond to a landmark designation initiation from the Board of Supervisors (File No. 230266); Resolution No. 230575, joining Speaker Emerita Nancy Pelosi in urging the United States (U.S.) Department of Justice and U.S. Drug Enforcement Administration to designate the City and County of San Francisco for Operation Overdrive to decrease fatal overdose rates, to reduce drug-related violence, to increase community engagement, and to disrupt, dismantle and deter fentanyl- trafficking networks; Resolution No. 230576, receiving and approving an annual report for the Yerba Buena Community Benefit District for Fiscal Year (FY) 2021-2022; Resolution No. 230577, retroactively approving the use of the City’s Corporate Seal for the purpose of staff jackets for Community Ambassadors with the Office of Civic Engagement and Immigrant Affairs; Resolution No. 230578, receiving and approving an annual report for the Noe Valley Community Benefit District for Fiscal Year (FY) 2021-2022; Resolution No. 230579, receiving and approving an annual report for the Castro Community Benefit District for Fiscal Year (FY) 2021-2022; Resolution No. 230580, approving the terms and conditions of the First Amendment to the Secured Carry-Back Promissory Note and the First Amendment to the Deed of Trust securing payment of the Balboa Reservoir purchase price of $11,400,000; Resolution No. 230585, urging the California Attorney General and the United States (U.S.) Department of Justice to examine evidence in the killing of Banko Brown, and make a determination as to whether the evidence warrants the pursuit of criminal charges or other legal action; Resolution No. 230586, commending the dedicated workforce of San Francisco Public Works and declaring May 22 through May 26, 2023, as Public Works Week in the City and County of San Francisco; Resolution No. 230587, urging the San Francisco Municipal Transportation Agency (SFMTA) to delay implementing meter hour extension until the completion of an independent economic impact report; Resolution No. 230581, supporting California State Assembly Bill No. 938, introduced by Assembly Member Al Muratsuchi to raise educator and classified professional pay in all public schools in California by 50% over the next seven years; Resolution No. 230582, extending by 90 days the prescribed time within which the Historic Preservation Commission may respond to a landmark designation initiation from the Board of Supervisors for the Carnaval Mural (File No. 230299); Resolution No. 230583, extending by 90 days the prescribed time within which the Historic Preservation Commission may respond to a landmark designation initiation from the Board of Supervisors for the Chata Gutierrez Mural (File No. 230300); Motion No. 230552, reappointing Bert Hill, term ending November 19, 2024, to the Bicycle Advisory Committee; Motion No. 230589, adopting findings in support of the Board of Supervisors’ disapproval of the decision of the Planning Commission by its Motion No. 21246, approving a Conditional Use Authorization, identified as Planning Case No. 2022-001838CUA, for a proposed project at 800 Taraval Street.

The Board of Supervisors introduced several proposed ordinances at the request of a department. Ordinance No. 230530 authorizes settlement of the lawsuit filed by Jane Doe 1, Jane Doe 4, Jane Doe 5, Jane Doe 6, Jane Doe 9, John Doe 1, John Doe 2, John Doe 3, John Doe 4, John Doe 6, John Doe 7 against the City and County of San Francisco for $2,223,500. Ordinance No. 230531 authorizes settlement of the lawsuit filed by Jonathan Valladares against the City and County of San Francisco for $45,000. Ordinance No. 230532 authorizes settlement of the lawsuit filed by Ricky Williams against the City and County of San Francisco for $75,000. Ordinance No. 230533 authorizes settlement of the lawsuit filed by Patrick Jackson against the City and County of San Francisco et al. for $50,000. Ordinance No. 230534 authorizes settlement of the lawsuit filed by Abdul Nevarez and Priscilla Nevarez against the City and County of San Francisco for $227,500.

The Board of Supervisors introduced the following proposed resolutions at the request of a department: Resolution No. 230535 approving a tolling agreement to toll the statute of limitations on The Mexican Museum’s lawsuit against the City; Resolution No. 230536 approving the settlement of the unlitigated claim filed by 1231 Market Street Owner L.P. against the City and County of San Francisco for $19,500,000; Resolution No. 230537 approving Amendment No. 2 to the agreement between HealthRIGHT 360 and the Department of Public Health (DPH), for check-writing services.