Imperium

San Francisco County

Meeting on Zero Emission Vehicles, Affordable Housing, and Settlements

The San Francisco Board of Supervisors met on May 23, 2017, addressing a variety of topics including transportation, housing, settlements, and budget issues. Key actions included the final passage of an ordinance requiring zero-emission vehicles for the city fleet, continued discussion and amendment of the Planning Code regarding affordable housing bonus programs, and approval of a settlement with Airbnb and HomeAway. The Board also considered and approved several financial matters, including appropriations for increased overtime and expenditures from the SoMa Community Stabilization Fund. The hearing and vote on the Airbnb settlement featured public comment and a closed session with the City Attorney. Multiple resolutions and ordinances were introduced for future consideration, covering topics such as car-sharing, fire safety, housing for educators, and various contract approvals.

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Consent Agenda

Approval of meeting minutes from April 11th and April 13th.

The Board approved the minutes from the Board Meeting of April 11, 2017, the Budget and Finance Committee Minutes of April 13, 2017, and the Budget and Finance Federal Select Committee Minutes of April 13, 2017. Supervisor Kim seconded by Supervisor Yee moved to approve. All Supervisors voted in favor.

Unfinished Business

Ordinance amending codes for Zero Emission Vehicle Requirements for City Fleet finally passed.

An ordinance amending the Administrative and Environment Codes to require that any new passenger vehicle procured for the City fleet be a Zero Emission Vehicle, absent a waiver, and that all passenger vehicles in the City fleet be Zero Emission Vehicles by December 31, 2022, was finally passed with a unanimous vote.

Unfinished Business

Ordinance amending the Administrative Code to transfer the Moscone Center and Performing Arts Garages to the Municipal Transportation Agency was continued to July 11, 2017.

An ordinance amending the Administrative Code to transfer the Moscone Center Garage and the Performing Arts Garage from the Parking Authority to the Municipal Transportation Agency was continued on final passage to the Board of Supervisors meeting of July 11, 2017. Supervisor Kim seconded by Supervisor Farrell moved that the Ordinance be continued. The motion carried by unanimous vote.

Unfinished Business

Ordinance appropriating funds for Wastewater Enterprise claims settlements finally passed.

An ordinance appropriating $5,000,000 from the Wastewater Enterprise designated for general reserve in the Public Utilities Commission Wastewater Enterprise to pay the claims settlements, legal expenses, and related costs due to the large volume of claims arising from the winter 2016-2017 storms in FY2016-2017; and placing $3,000,000 on Budget and Finance Committee Reserve was finally passed with a unanimous vote.

Unfinished Business

Discussion and amendment of Planning Code regarding Affordable Housing Bonus Programs.

The Board discussed and amended an ordinance amending Planning Code, Section 206, to amend the 100 Percent Affordable Housing Bonus Program to add the HOME-SF Program, the Analyzed State Density Bonus Program, and the Individually Requested State Density Bonus Program, to provide for development bonuses and zoning modifications for increased affordable housing. An amendment of the whole was made striking certain zoning uses and adding a provision for the HOME-SF Projects in Supervisorial District 9. A second amendment was proposed but failed. A third amendment was proposed but failed. Finally, a motion carried striking ‘Chinatown Mixed Use Districts’. Ordinance passed first reading as amended.

New Business

Ordinance appropriating funds for increased overtime expenditures passed first reading.

An ordinance appropriating $300,000 Water Enterprise Fund Balance, de-appropriating $18,682,258 from permanent salaries, fringe benefit expenses, and non-personnel services, and appropriating $18,982,258 to overtime in the Sheriff’s Department, Department of Emergency Management, Fire Department, Department of Public Health, and the Public Utilities Commission operating budgets in order to support the Departments projected increases in overtime was passed on first reading with a unanimous vote.

New Business

Resolution approving an amendment to the Department of Public Health agreement for behavioral health services with Positive Resource Center was adopted.

A resolution approving a third amendment to the Department of Public Health agreement for behavioral health services with Positive Resource Center, to increase the contract by $2,649,515 for a total amount not to exceed $10,744,447 was adopted with a unanimous vote.

New Business

Resolution fixing prevailing wage rates for security guard services was adopted.

A resolution fixing prevailing wage rates for individuals engaged in security guard services at facilities or on property owned or leased by the City, and for events on City property was adopted with a unanimous vote.

New Business

Resolutions authorizing expenditures from the SoMa Community Stabilization Fund were adopted.

Two resolutions were considered together, authorizing the Mayor’s Office of Housing and Community Development to expend SoMa Community Stabilization Fund dollars. One resolution was for $1,249,999 to address various impacts of destabilization on residents and businesses in SoMa, and the other was for $10,000,000 to provide acquisition and rehabilitation loans for projects that are eligible under the Mayor’s Office of Housing and Community Development’s Small Sites Program and are located within the boundaries of SoMa. Both resolutions were adopted with a unanimous vote.

New Business

Resolution authorizing the acceptance and expenditure of State Transportation Development Act funds for pedestrian and bicycle projects was adopted.

A resolution authorizing the acceptance and expenditure of State Transportation Development Act, Article 3, Pedestrian and Bicycle Project grant funding for FY2017-2018, in the amount of $991,150 which includes $495,575 for Public Works and $495,575 for the Municipal Transportation Agency was adopted with a unanimous vote.

New Business

Resolution of Intention to establish a Japantown Community Benefit District was adopted.

A resolution declaring the intention of the Board of Supervisors to establish a property-based business improvement district (community benefit district) known as the “Japantown Community Benefit District” and levy a multi-year assessment on all parcels in the district was adopted with a unanimous vote.

New Business

Ordinance amending sidewalk width at the intersection of Mission Street and 22nd Street passed first reading.

An ordinance amending Ordinance No. 1061 entitled “Regulating the Width of Sidewalks” to narrow the official sidewalk width along a portion of the westerly side of Mission Street and the easterly side of Mission Street, both beginning at the intersection of Mission Street and 22nd Street was passed on first reading with a unanimous vote.

Remarks

Certificates of Honor were presented to several individuals in recognition of their accomplishments.

The Board presented Certificates of Honor to Carol O’Malley and Glen Bowers (Stuart Hall for Boys), Officer Joanne Walker (Police Department), Preston Worth (San Francisco Unified School District), Laura Guzman (Mission Neighborhood Resource Center), and Olson Lee (Mayor’s Office of Housing and Community Development) in recognition of their contributions.

Hearing

Hearing on the settlement of lawsuit and Tolling Agreement with Airbnb and HomeAway.

The Board held a public hearing to consider a proposed Resolution endorsing settlement of the lawsuit filed by Airbnb, Inc. and HomeAway.com, Inc. against the City and County of San Francisco and authorizing a tolling agreement in that lawsuit. Numerous speakers addressed the Board regarding the settlement.

Closed Session

Closed Session for the Board of Supervisors to confer with the City Attorney regarding existing litigation relating to the Resolution endorsing settlement of the lawsuit filed by Airbnb.

The Board convened in closed session to confer with, or receive advice from, the City Attorney regarding existing litigation relating to the Resolution endorsing settlement of the lawsuit filed by Airbnb, Inc. and HomeAway.com, Inc. The Board reconvened and elected not to disclose its closed session deliberations.

New Business

Resolution endorsing settlement of lawsuit with Airbnb and HomeAway was adopted.

A Resolution endorsing settlement of the lawsuit filed by Airbnb, Inc. and HomeAway.com, Inc. against the City and County of San Francisco and authorizing a Tolling Agreement was adopted. The settlement involves a framework for Airbnb and HomeAway to verify that short-term rental listings are lawfully registered and to remove unregistered listings on their websites, as well as payments to the City and an agreement to toll statutes of limitation.

Hearing

Hearing on the Report of Assessment Costs for Building Code Enforcement Violations.

The Board held a public hearing to consider objections to a report of delinquent charges for code enforcement cases with delinquent assessment of costs and fees submitted by the Director of the Department of Building Inspection. Alan Davison (Department of Building Inspection) provided an overview, and some speakers objected to the proposed assessments.

New Business

Resolution approving the Report of Assessment Costs for Building Code Enforcement Violations was adopted after amendments.

A resolution approving the Report of Delinquent Charges for Assessment Costs submitted by the Director of the Department of Building Inspection was adopted, after accepting amendments to remove certain addresses from the report due to recent resolution or receipt of payment.

Committee Reports

Ordinance appropriating funds from Certificates of Participation to the General Service Agency passed first reading.

An ordinance appropriating $321,765,000 of proceeds from Certificates of Participation to fund the development costs of the 1500 Mission Street office building development and related FF&E, technology, and moving costs was passed on first reading with a unanimous vote.

Committee Reports

Ordinance authorizing Certificates of Participation for the 1500 Mission Project passed first reading.

An ordinance authorizing the execution and delivery of Certificates of Participation in an aggregate principal amount not to exceed $321,765,000 to fund a portion of the development costs for the 1500 Mission Street office building was passed on first reading with a unanimous vote.

Committee Reports

Resolution ratifying the Conditional Purchase Agreement for the City's Acquisition of an Office Project at 1500 Mission Street was adopted.

A resolution ratifying the Conditional Purchase Agreement for the City’s Acquisition of an Office Project at 1500 Mission Street and authorizing the Director of Property and City staff to proceed with the Proposed Office Project was adopted with a unanimous vote.

Committee Reports

Resolution authorizing an increase of the principal amount of the Wastewater Enterprise's Commercial Paper Program was adopted.

A resolution authorizing an increase of the principal amount of the Wastewater Enterprise's Commercial Paper Program by $250,000,000 to a principal amount not to exceed $750,000,000 was adopted with a unanimous vote.

Committee Reports

Resolution authorizing application to acquire real property at 1064-1068 Mission Street for supportive housing was adopted.

A resolution authorizing the Mayor’s Office of Housing and Community Development to submit an application to the Department of Health and Human Services Federal Property Assistance Program, in order to acquire the real property located at 1064-1068 Mission Street for use in constructing supportive housing for homeless San Franciscans was adopted with a unanimous vote.

Committee Reports

Resolution authorizing the acquisition of real property at 772 Pacific Avenue for affordable housing was adopted.

A resolution authorizing the Real Estate Division, on behalf of the Mayor’s Office of Housing and Community Development, to acquire Real Property located at 772 Pacific Avenue for the purchase at below fair market value of $5,000,000 for use in constructing affordable housing for San Franciscans was adopted with a unanimous vote.

Public Comment

Public comment was heard.

Andrew Yip shared his thoughts and experiences with the Board.

Consent Agenda

Approval of a 120-day extension for Planning Commission Review of Planning Code regarding the Geary-Masonic Special Use District.

A resolution extending by 120 days the prescribed time within which the Planning Commission may render its decision on an Ordinance amending the Planning Code to establish the Geary-Masonic Special Use District was adopted.

Consent Agenda

Resolution declaring July 4, 2017, as Stephen T. Mather Day in San Francisco.

A resolution recognizing the accomplishments of Stephen T. Mather and declaring July 4, 2017, as Stephen T. Mather Day in San Francisco was adopted.

Consent Agenda

Resolution expressing support for the San Francisco-Oakland Bid to Host the 2020 International AIDS Conference.

A resolution expressing the support of the San Francisco Board of Supervisors for the San Francisco-Oakland Bid to host the 2020 International AIDS Conference was adopted.

Consent Agenda

Approval of Final Maps for various condominium projects.

Motions approving Final Maps for condominium projects located at 923 Folsom Street, 832 Sutter Street, 580-590 De Haro Street and 1900-1910-18th Street, and 1490 Ocean Avenue were approved.

Legislation Introduced

Ordinance introduced regarding Car-Share and Shared Limited Range Vehicle Parking Requirements.

An ordinance amending the Planning Code to allow Shared Limited Range Vehicle (scooter) off-street parking in certain designated spaces and amending the Car-Share Program provisions was introduced and assigned to the Land Use and Transportation Committee.

Legislation Introduced

Ordinance introduced regarding Fire Code - Fire Safety Disclosure, Posting, and Training Requirements.

An ordinance amending the Fire Code requirements for fire safety disclosure, posting, and training was introduced and assigned to the Land Use and Transportation Committee.

Legislation Introduced

Resolution introduced urging the Mayor's Office of Housing and Community Development to Create Affordable Rental Housing for Educators.

A resolution urging the Mayor’s Office of Housing and Community Development to develop a pilot program to create affordable rental housing for educators of the San Francisco Unified School District was introduced and referred for adoption without committee reference agenda at the next board meeting.

Legislation Introduced

Resolution introduced regarding Agreement with PCMG Inc. for Microsoft O365 Services and Enterprise Products.

A resolution retroactively authorizing the Department of Technology and the Office of Contract Administration to enter an agreement with PCMG Inc., for Microsoft Cloud Software and Enterprise Products was introduced and assigned to the Budget and Finance Sub-Committee.

Legislation Introduced

Resolution introduced regarding Multifamily Housing Revenue Bonds for 1601 Mariposa Apartments.

A resolution authorizing the issuance and delivery of multifamily housing revenue bonds in an aggregate principal amount not to exceed $240,000,000 for the purpose of providing financing for the acquisition and construction of a 299-unit multifamily rental housing project located at 1601 Mariposa Street was introduced and assigned to the Budget and Finance Sub-Committee.

Legislation Introduced

Resolution introduced regarding Real Property Conveyance of Shoreview Park.

A resolution authorizing and approving the acceptance of Shoreview Park from the Office of Community Investment and Infrastructure to the City and County of San Francisco on behalf of its Recreation and Park Department was introduced and assigned to the Land Use and Transportation Committee.

Legislation Introduced

Resolution introduced regarding Debt Management Policy and Procedures for the Controller’s Office of Public Finance.

A resolution approving the Controller's Office of Public Finance's debt management policy and procedures was introduced and assigned to the Budget and Finance Sub-Committee.

Legislation Introduced

Resolution introduced regarding Contract Amendment for Budget and Legislative Analyst Services.

A resolution authorizing the Clerk of the Board to amend the Budget and Legislative Analyst Services contract to extend the term through December 31, 2019, and to enact a cost-of-living adjustment was introduced and assigned to the Budget and Finance Sub-Committee.

Legislation Introduced

Motion introduced regarding Committee of the Whole for Permanent Closure of County Jail Nos. 3 and 4.

A motion scheduling the Board of Supervisors to sit as a Committee of the Whole on June 13, 2017, to hold a public hearing to discuss the plan for the permanent closure of County Jail Nos. 3 and 4 was introduced and referred for adoption without committee reference agenda at the next board meeting.

Legislation Introduced

Motions introduced regarding Appointments to Bay Conservation and Development Commission and Treasure Island Development Authority Board of Directors and Port Commission.

Motions appointing Supervisor Jane Kim to the Bay Conservation and Development Commission, and approving appointments/reappointments to the Treasure Island Development Authority Board of Directors and Port Commission were introduced and assigned to the Rules Committee.

Legislation Introduced

Request for Hearing regarding Coordination Between the San Francisco Municipal Transportation Agency's Technical and Implementation Teams.

A request for hearing on the coordination between the San Francisco Municipal Transportation Agency's technical and implementation teams was introduced and assigned to Land Use and Transportation Committee.

Legislation Introduced

Request for Hearing regarding Infant Toddler Early Learning Scholarship Fund.

A request for hearing on the newly established Infant and Toddler Early Learning Scholarship Fund was introduced and assigned to Public Safety and Neighborhood Services Committee.

Legislation Introduced

Proposed Ordinance regarding Settlement of Lawsuit - Peter Cuddihy and Joan Cuddihy.

An ordinance authorizing settlement of the lawsuit filed by Peter Cuddihy and Joan Cuddihy against the City and County of San Francisco for $43,000 was introduced and assigned to Government Audit and Oversight Committee.

Legislation Introduced

Proposed Ordinance regarding Settlement of Lawsuit - Raymond Choy.

An ordinance authorizing settlement of the lawsuit filed by Raymond Choy against the City and County of San Francisco for $30,000 was introduced and assigned to Government Audit and Oversight Committee.

Legislation Introduced

Proposed Ordinance regarding Settlement of Lawsuit - Jason Douglas and Carol Grindley.

An ordinance authorizing settlement of the lawsuit filed by Jason Douglas and Carol Grindley against the City and County of San Francisco for $60,000 was introduced and assigned to Government Audit and Oversight Committee.

Legislation Introduced

Proposed Ordinance regarding Settlement of Lawsuit - Devaughn Frierson.

An ordinance authorizing settlement of the lawsuit filed by Devaughn Frierson against the City and County of San Francisco for $29,500 was introduced and assigned to Government Audit and Oversight Committee.

Legislation Introduced

Proposed Resolution regarding Novation Agreement with Stantec Consulting Services, Inc.

A resolution approving the novation of the San Francisco Public Utilities Commission (SFPUC) Agreement from MWH Americas, Inc. to Stantec Consulting Services, Inc. was introduced and assigned to Budget and Finance Sub-Committee.

Legislation Introduced

Proposed Resolution regarding Amendment to Memorandum of Understanding with the San Francisco Local Agency Formation Commission.

A resolution authorizing the General Manager of the San Francisco Public Utilities Commission to execute the third amendment to the Memorandum of Understanding with the San Francisco Local Agency Formation Commission was introduced and assigned to Budget and Finance Sub-Committee.

Legislation Introduced

Proposed Resolution regarding Settlement of Unlitigated Claim - Jessica Kennedy.

A resolution approving the settlement of the unlitigated claim filed by Jessica Kennedy against the City and County of San Francisco for $375,000 was introduced and assigned to Government Audit and Oversight Committee.

Legislation Introduced

Proposed Resolutions regarding Contract Approvals with Children’s Council of San Francisco and Wu Yee Children’s Services.

Resolutions approving the contracts between the City and County of San Francisco and Children’s Council of San Francisco and Wu Yee Children’s Services for the provision of Early Care and Education Integrated Services were introduced and assigned to Budget and Finance Sub-Committee.