Imperium

San Francisco County

Meeting on City Budget, Public Safety, and Land Use

The San Francisco Board of Supervisors meeting on May 23, 2023, covered a variety of topics, including public safety, budget appropriations, land use, and housing. Mayor Breed addressed the Board regarding city problems and potential solutions, particularly focusing on public drug dealing and poverty. The Board approved several ordinances, including extending the Early Care and Education Commercial Rents Tax credit, appropriating funds for capital improvement projects, and authorizing tax-exempt certificates for affordable housing. They also held hearings on conditional use authorizations for 301 Toland Street, ultimately disapproving it, and 1160 Mission Street, approving it with amended conditions. Additionally, the Board approved various resolutions, including applying for grants for homeless services and issuing revenue notes for affordable housing projects. Public testimony included concerns about teen violence, drug dealing, and housing, as well as support for examining evidence in the killing of Banko Brown. Finally, Supervisor Dorsey requested that File No. 230575 be referred to the Public Safety and Neighborhood Services Committee.

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Remarks

Mayor Breed addressed the Board of Supervisors about city problems and potential solutions.

Mayor London Breed addressed the Board about significant problems in the City, including poverty and criminal activity. She advocated for change and accountability, emphasizing the need for support and services to find real solutions. The discussion centered on public safety coordination, with President Peskin questioning the possibility of establishing a sustained Emergency Operations Center to address public drug dealing in open-air sites within 90 days. Mayor Breed stated that she welcomed the opportunity to work with the Board to shut down open air drug dealing. She does not have control over the City’s state and federal partners, but headway is being made and conversations are being held. Mayor Breed also expressed gratitude for the attention to the matter and encouraged the other Members of the Board to work with her on solutions. She encouraged the Board to pass the public safety budget without the traditional reductions during the annual budget process this year and support the arrests for those struggling with addiction to get them the help they desperately need.

Unfinished Business

The Board approved extending the Early Care and Education Commercial Rents Tax credit for qualifying child care facilities for five more years.

Supervisor Safai requested to be added as a co-sponsor. The Board approved Ordinance No. 099-23, amending the Business and Tax Regulations Code to extend the credit against the Early Care and Education Commercial Rents Tax for qualifying child care facilities until December 31, 2028.

Unfinished Business

The Board approved appropriating funds and authorizing refunding certificates of participation for various capital improvement projects.

The Board approved Ordinance No. 100-23, appropriating $275,000,000 for Fiscal Year 2022-2023, consisting of refunding Certificates of Participation Series 2023-R1 proceeds, de-appropriation of Series 2012A, 2015-R1, and 2015A Certificates of Participation prior reserve funds, and re-appropriation of the same amount to Refunding Certificates of Participation Series 2023-R1, placing these funds on Controller's Reserve pending the sale of the Certificates of Participation. Also, the Board approved Ordinance No. 101-23, authorizing 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.

Unfinished Business

The Board authorized tax-exempt certificates of participation for affordable housing and community facilities projects.

The Board approved Ordinance No. 102-23, authorizing the execution and delivery of Certificates of Participation on a tax-exempt and/or taxable basis in an aggregate amount not to exceed $146,800,000 to finance and refinance certain capital improvement, affordable housing and community facilities development projects.

Unfinished Business

The Board approved extending the abandoned vehicle abatement fee on vehicle registrations for ten years.

The Board approved Ordinance No. 098-23, 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.

Unfinished Business

The Board approved codifying annual fee waivers for awning replacement and installation during Small Business Month.

Supervisor Safai requested to be added as a co-sponsor. The Board approved Ordinance No. 103-23, 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.

Unfinished Business

The Board approved expanding the definition of "public service" to allow retirement service credit purchases for military service.

The Board approved Ordinance No. 104-23, 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.

New Business

The Board approved applying for a Homekey Grant for properties on Folsom and Clementina Streets.

Supervisors Mandelman and Safai requested to be added as co-sponsors. The Board adopted Resolution No. 266-23, approving and authorizing the Department of Homelessness and Supportive Housing to apply to the California Department of Housing and Community Development for a Homekey Grant for the property located at 1174-1178 Folsom Street and 663 Clementina Street in an amount not to exceed $14,720,000.

New Business

The Board approved a loan agreement with SFCLT TNFF Holdings LLC for affordable housing projects.

Supervisor Safai requested to be added as a co-sponsor. The Board adopted Resolution No. 267-23, approving and authorizing the Director of the Mayor’s Office of Housing and Community Development to execute documents relating to a loan agreement with SFCLT TNFF Holdings LLC in an aggregate total amount not to exceed $18,700,481 to finance the acquisition, rehabilitation, and permanent refinancing of four existing affordable multifamily rental housing projects for low- to moderate-income households.

New Business

The Board authorized the issuance of multifamily housing revenue notes for a project on Stanyan Street.

Supervisor Safai requested to be added as a co-sponsor. The Board adopted Resolution No. 268-23, authorizing the execution and delivery of multifamily housing revenue notes in an aggregate principal amount not to exceed $90,000,000 for the purpose of providing financing for the construction of a 160-unit multifamily rental housing project known as 730 Stanyan.

New Business

The Board approved a ground lease and amended loan agreement for an affordable housing project on Stanyan Street.

The Board adopted Resolution No. 269-23, approving and authorizing the Director of Property and Director of the Mayor’s Office of Housing and Community Development to enter into a Ground Lease for real property owned by the City located at 730 Stanyan Street with 730 Stanyan Associates, L.P. for a lease term of 75 years and one 24-year option to extend and an annual base rent of $15,000 in order to construct a 160 unit multifamily rental housing development affordable to very low- and low-income households. Also, approving and authorizing an Amended and Restated Loan Agreement in an amount not to exceed $69,528,927 for a minimum loan term of 57 years to finance the development and construction of the Project.

New Business

The Board accepted the Sheriff’s Department Oversight Board’s annual report for 2022.

The Board adopted Resolution No. 276-23, accepting the Sheriff’s Department Oversight Board’s annual report for the calendar year 2022.

New Business

The Board approved amending the grant agreement with Third Street Youth Center and Clinic for services at the Transitional Age Youth Navigation Center.

The Board adopted Resolution No. 277-23, approving the first amendment to the grant agreement between Third Street Youth Center and Clinic and the Department of Homelessness and Supportive Housing for services at the Transitional Age Youth (TAY) Navigation Center; extending the grant term by 36 months for a total term of December 1, 2020, through June 30, 2026; increasing the agreement amount by $10,772,423 for a total amount not to exceed $20,703,760.

New Business

The Board passed a first reading of an ordinance amending the Health Code regarding massage permit requirements.

The Board passed on first reading an ordinance amending the Health Code to exempt applicants for Massage Establishment, Sole Practitioner Massage Establishment, and Outcall Massage Service permits from fingerprinting requirements if the applicant holds a valid license issued by the California Massage Therapy Council; remove certain departments (Building Inspection, Police, Fire) from the list of departments that the Department of Public Health (DPH) must notify regarding new Massage Establishment permit applications, and remove all notification requirements to departments in cases of change in ownership of Massage Establishments or Sole Practitioner Massage Establishments; remove the requirement that departments receiving notice of new Massage Establishment permit applications conduct inspections with written findings of the applying massage establishment; allow Massage Establishments to install an exterior door keyless lock system upon prior DPH approval and upon providing DPH with a valid and up-to-date access code; remove from the Health Code the inoperative local application process for new Massage Practitioner permits; include solicitation of lewd conduct or prostitution by Massage Practitioners as conduct subject to penalty under this Article; and clarify that violations of certain sections of the Health Code regulating Massage Practitioners are also subject to enforcement as public nuisances.

New Business

The Board determined that a liquor license transfer would not serve the public convenience for The Nature Stop.

The Board adopted Resolution No. 278-23, determining that the person-to-person, premises-to-premises transfer of a Type-21 off-sale general beer, wine, and distilled spirits liquor license to Tony's Nature Food, Inc., doing business as The Nature Stop, located at 1336 Grant Avenue (District 3), will not serve the public convenience or necessity.

New Business

The Board determined that a liquor license transfer would serve the public convenience for Casa Lucaz #3 with a condition.

The Board adopted Resolution No. 279-23, determining that the person-to-person, premises-to-premises transfer of a Type-21 off-sale general beer, wine, and distilled spirits liquor license to Narayana Corp, doing business as Casa Lucaz #3, located at 4555 Mission Street (District 11), will serve the public convenience or necessity and requested that the California Department of Alcoholic Beverage Control impose a condition on the issuance of the license.

New Business

The Board reappointed Dennis J. Herrera as a Director of the San Francisco Bay Area Regional Water System Financing Authority.

The Board adopted Resolution No. 280-23, reappointing Dennis J. Herrera as a Director of the San Francisco Bay Area Regional Water System Financing Authority for a four-year term commencing July 1, 2023, through June 30, 2027.

New Business

The Board approved the Mayoral Appointment for Robert Vergara to the Historic Preservation Commission.

The Board approved Motion No. M23-078 approving the Mayor’s nomination for the appointment of Robert Vergara, term ending December 31, 2026, to the Historic Preservation Commission.

New Business

The Board approved the appointment of Ovava Eterei Afuhaamango to the Sheriff’s Department Oversight Board.

The Board approved Motion No. M23-079, appointing Ovava Eterei Afuhaamango, term ending March 1, 2027, to the Sheriff’s Department Oversight Board.

Committee of the Whole

The Board, sitting as a Committee of the Whole, held a hearing to consider objections to a report of delinquent charges for building code enforcement violations.

President Peskin opened the public hearings and inquired as to whether any member of the public wished to address the Board relating to assessments as referenced in File Nos. 230366 and 230367. Matt Luton (Department of Building Inspection) provided an overview of the assessments and responded to questions raised throughout the discussion. Patricia Yuen; Speaker; Saul Madea; Speaker; Raffi Dehmar; Speaker; Theresa Hue; Sanjay Dani; Antoinette Salisbury; Richard Siegman; Trent Zhu; Mark Hamilton; Jude Hill; Speaker; spoke in opposition to certain assessments in the report. There were no other speakers. 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.

Committee of the Whole

The Board approved the Report of Assessment Costs for Building Code Enforcement Violations with amendments.

Matt Luton (Department of Building Inspection) indicated that several addresses be removed from the report due to recent resolution or receipt of payment. The Board adopted Resolution No. 281-23, approving the report with amendments, after a motion by Supervisor Walton, seconded by Supervisor Dorsey, to accept the amendments as provided by the Department of Building Inspection.

Hearing

The Board heard an appeal of the Conditional Use Authorization approval for 301 Toland Street but ultimately voted to disapprove the project.

Peter Ziblatt and Mark Gleason (Appellants) provided an overview of the appeal, responded to questions raised throughout the discussion, and further requested the Board to approve the appeal. Tony Delorio; John Bouchard; Trish Suzuki Blinstrub; Steve Beck; Paul Wallace; Floyd Rollins; Speaker; Speaker; spoke in support of the appeal and in opposition to the project. Nick Foster (Planning Department) provided an overview of the decision of the Planning Department and responded to questions raised throughout the discussion. Tara Sullivan (Project Sponsor) provided an overview of the project, responded to questions raised throughout the discussion, and further requested the Board to uphold the decision of the Planning Department. Brandon O’Diah and Ellie Casson (Waymo) presented additional information and answered questions raised throughout the discussion. There were no speakers spoke in support of the project and in opposition to the appeal. Peter Ziblatt (Appellant) provided a rebuttal and further requested the Board to approve the appeal. The Board approved Motion No. M23-074 to disapprove the Conditional Use Authorization. The Board also approved Motion No. M23-075 directing the Clerk of the Board to prepare findings in support of the Board of Supervisors' disapproval.

Hearing

The Board heard an appeal of the Conditional Use Authorization approval for 1160 Mission Street but ultimately voted to approve the project with a modified condition.

President Peskin opened the public hearing and Supervisor Dorsey reported that the Appellant and Project Sponsor have reached an agreement on this matter. Peter Ziblatt and Mark Gleason (Appellant) and Chloe Angelis (Project Sponsor) confirmed for the record that they have reached an agreement. Alex Lantsberg; John Doherty; spoke on various concerns regarding the project and appeal. There were no other speakers. The Board amended and approved the motion, disapproving the decision of the Planning Commission but approving a Conditional Use Authorization for the same Planning Case and property with an additional condition: This authorization does not permit the operation of a Parcel Delivery Service use at 1160 Mission Street. Violation of this condition shall be subject to the enforcement procedures and administrative penalties set forth under Planning Code Section 176.

Public Testimony

Members of the public shared their concerns regarding various city issues.

Thierry Fill shared the need for happiness and beauty, and expressed concerns regarding responsibility and technology. Joshua Bell and Meghan Robinette expressed support of the Resolution urging the examination of evidence in the killing of Banko Brown. Zach Lipton expressed opposition to the Resolution urging the implementation of the meter hour extension be delayed. Yvette Corcoran expressed concerns regarding the prevalence of teen violence, open air drug dealing, and violent crimes. Zachary expressed the need to ensure the funding collected through Baby Proposition C 2018 be spent on childcare and early education. Jacqueline Reyes; expressed the need to ensure the funding collected through Baby Proposition C 2018 be spent on childcare and early education. Elia Fernandez expressed the need to ensure the funding collected through Baby Proposition C 2018 be spent on childcare and early education. Maria Listoria; expressed the need to ensure the funding collected through Baby Proposition C 2018 be spent on childcare and early education. Jordan Davis expressed concerns regarding today’s Mayoral Appearance, in support of the Resolution urging the examination of evidence in the killing of Banko Brown (File No. 230585), and in opposition to the Resolution urging the implementation of the meter hour extension be delayed. Ken expressed various concerns regarding fentanyl, store policies, shop lifting, and rent moratoriums. Christopher Gleason expressed opposition to the Resolution urging the implementation of the meter hour extension be delayed. Charles Chan; spoke in support of the Resolution urging the implementation of the meter hour extension be delayed. Laurie Thomas spoke in support of the Resolution urging the implementation of the meter hour extension be delayed. Joe Kunzler expressed concerns regarding the aggression toward certain Members of the Board and newly introduced legislation. Francisco Da Costa expressed concerns regarding the Mayoral Appearance and the United Nations Plaza.

Consent Agenda

The Board approved a 90-day extension for the Historic Preservation Commission to respond to landmark designation initiation for the Alexandria Theater.

The Board adopted Resolution No. 282-23, extending by 90 days the prescribed time within which the Historic Preservation Commission must respond to a landmark designation initiation from the Board of Supervisors for the Alexandria Theater.

Consent Agenda

The Board retroactively approved the use of the City's Corporate Seal for staff jackets for Community Ambassadors.

The Board adopted Resolution No. 283-23, 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.

Consent Agenda

The Board supported California State Assembly Bill No. 938 to raise educator and classified professional pay.

The Board adopted Resolution No. 284-23, supporting California State Assembly Bill No. 938 to raise educator and classified professional pay in all public schools in California by 50% over the next seven years.

Consent Agenda

The Board approved a 90-day extension for the Historic Preservation Commission to respond to landmark designation initiation for the Carnaval Mural.

The Board adopted Resolution No. 285-23, 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.

Consent Agenda

The Board approved a 90-day extension for the Historic Preservation Commission to respond to landmark designation initiation for the Chata Gutierrez Mural.

The Board adopted Resolution No. 286-23, 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.

Consent Agenda

The Board declared May 22 through May 26, 2023, as Public Works Week.

The Board adopted Resolution No. 287-23, 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.

Consent Agenda

The Board reappointed Bert Hill to the Bicycle Advisory Committee.

The Board approved Motion No. M23-080, reappointing Bert Hill, term ending November 19, 2024, to the Bicycle Advisory Committee.

Consent Agenda

The Board adopted findings related to the Conditional Use Authorization at 800 Taraval Street.

The Board approved Motion No. M23-081 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

New Business

The Board approved a resolution regarding the killing of Banko Brown, urging examination of evidence in the case.

The Board adopted Resolution No. 288-23, as amended, 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.

New Business

The Board approved a resolution urging the SFMTA to delay implementation of the meter hour extension until completion of an economic impact report.

The Board adopted Resolution No. 289-23, as amended, urging the San Francisco Municipal Transportation Agency (SFMTA) to delay implementing meter hour extension until the completion of an independent economic impact report that specifically analyzes the projected impact to San Francisco small businesses, City revenues, and the City’s overall economic recovery and said report is reviewed by the Board of Supervisors and the SFMTA Board.

Legislation Introduced

Ordinance introduced that would require conditional use authorization for residential housing developments that do not maximize residential density in certain districts.

Supervisor Peskin introduced an ordinance amending the Planning Code to require conditional use authorization for residential housing developments that do not maximize residential density in Residential-Mixed (RM), Residential Commercial (RC), and Residential Transit Oriented (RTO) Districts except for Residential-Transit Oriented - Mixed (RTO-M) Districts.

Legislation Introduced

A resolution was introduced to approve a contract amendment regarding behavioral health services for children, youth, and families.

The Mayor introduced a resolution approving Amendment No. 2 to the agreement between The Regents of the University of California and the Department of Public Health for behavioral health services for children, youth and families.

Legislation Introduced

Resolution introduced to approve a retroactive contract amendment regarding mental health services for the Infant Parent Program.

The Mayor introduced a resolution retroactively approving Amendment No. 2 to the agreement between The Regents of the University of California and the Department of Public Health for mental health services for the Infant Parent Program.

Legislation Introduced

Resolution introduced to retroactively accept and expend a grant for "San Francisco Project INVEST".

The Mayor introduced a resolution retroactively authorizing the Department of Public Health to accept and expend a grant from the Centers for Disease Control and Prevention for participation in "San Francisco Project INVEST".

Legislation Introduced

Resolution introduced to retroactively accept and expend a grant for a COVID-19 Test to Treat Equity program.

The Mayor introduced a resolution retroactively authorizing the Department of Public Health to accept and expend a grant from the California Department of Public Health for participation in a "COVID-19 Test to Treat Equity Grant".

Legislation Introduced

Resolution introduced to retroactively accept and expend a grant for a Syphilis Outbreak Strategy (SOS) program.

The Mayor introduced a resolution retroactively authorizing the Department of Public Health to accept and expend a grant from the California Department of Public Health for participation in a "Syphilis Outbreak Strategy (SOS) Grant".

Legislation Introduced

Resolution introduced to approve an Interagency Cooperation Agreement with the Transbay Joint Powers Authority (TJPA) regarding Phase 2 of the Transbay Program.

Supervisor Dorsey introduced a resolution approving an Interagency Cooperation Agreement between the Transbay Joint Powers Authority (TJPA) and the City and County of San Francisco relating to Phase 2 of the Transbay Program.

Legislation Introduced

Resolution was introduced urging the Governor and State Legislature to provide operations funding to help San Francisco's transit systems survive as they recover from the pandemic.

Supervisor Dorsey introduced a resolution urging Governor Gavin Newsom and the California State Legislature to provide operations funding to help San Francisco transit systems survive as they recover from the pandemic.

Legislation Introduced

Resolution was introduced to extend the Planning Commission review of Nighttime Entertainment in the Castro Street Neighborhood Commercial District by 60 days.

Supervisor Mandelman introduced a resolution to extend by 60 days the prescribed time within which the Planning Commission may render its decision on an Ordinance amending the San Francisco Planning Code to change the zoning controls in the Castro Street Neighborhood Commercial District to allow Nighttime Entertainment with a Conditional Use authorization on the second floor.

Legislation Introduced

A resolution was introduced to recognize Queer and Transgender Asian and Pacific Islander Week.

Supervisor Mandelman introduced a resolution recognizing the week of May 28 through June 3, 2023, as Queer and Transgender Asian and Pacific Islander Week in the City and County of San Francisco.

Legislation Introduced

The Board supported the California State Senate Bill No. 525 (Durazo) regarding the minimum wage for healthcare workers.

Supervisor Safai introduced a resolution supporting California State Senate Bill No. 525, introduced by Senate Member Maria Elena Durazo (SD- 26), which would require a health care worker minimum wage of $25 per hour for hours worked in covered health care employment, as defined, subject to adjustment, as prescribed.

Legislation Introduced

The Board introduced Senate and Assembly Bills regarding Reproductive and Gender-Affirming Healthcare.

Supervisor Stefani introduced a resolution urging the passage of California State Senate Bill No. 36, introduced by Senator Nancy Skinner to expand California’s reproductive freedom state protections, Senate Bill No. 345, introduced by Senator Nancy Skinner to provide additional protections to medical providers who provide reproductive healthcare or gender-affirming services, Senate Bill No. 729, introduced by Senator Caroline Menjivar to require that health plans cover fertility care, Assembly Bill No. 571, introduced by Assembly Member Cottie Petrie-Norris to increase the number of licensed healthcare providers who are able to provide abortion and gender-affirming care, and Assembly Bill No. 576, introduced by Assembly Member Akilah Weber to require the California Department of Healthcare Services to fully reimburse providers to the provision of medication abortion.

Legislation Introduced

A motion was introduced requesting the Office of the Controller and the Chief Economist conduct an economic impact analysis on SFMTA's meter hour extension.

Supervisor Peskin introduced a motion requesting the Office of the Controller and the Chief Economist to conduct an economic impact analysis on how the San Francisco Municipal Transportation Agency’s (SFMTA) meter hour extension proposal affects residents and neighborhood commercial corridors with an emphasis on late night and weekend entertainment and hospitality services.

Legislation Introduced

The Mayoral Appointment for Vincent Yuen to the Sanitation and Streets Commission was motioned.

Supervisor Peskin introduced a motion approving/rejecting the Mayor’s nomination for the appointment of Vincent Yuen to the Sanitation and Streets Commission, term ending July 1, 2026.

Legislation Introduced

A hearing was motioned regarding Shelter in Place Hotels and Housing First.

Supervisor Dorsey introduced a hearing to discuss what lessons the City needs to learn from the shelter in place hotel program to better inform the City's own approach to "Housing First," and to better inform the City's permanent supportive housing programs; and requesting the Department of Homelessness and Supportive Housing, Human Services Agency and Department of Public Health to report.

Legislation Introduced

A hearing was motioned regarding the impact of downtown business closures.

Supervisor Engardio introduced a hearing to review the economic impact, potential tax revenue loss, and City budget consequence of downtown business closures; and requesting the Controller to report.

Legislation Introduced

A hearing was motioned on SFHA's report of the quality of services provided by Eugene Burger Management Corp.

Supervisor Walton introduced a hearing on the San Francisco Housing Authority’s (SFHA) report of Eugene Burger Management Corp regarding the quality of services provided at the Sunnydale and Potrero Hill HOPE SF Sites; and requesting the SFHA and Eugene Burger Management Corp to report.