The San Francisco Board of Supervisors convened on June 20, 2017, addressing a range of issues including budget appropriations for the Transbay Transit Center, amendments to various Memoranda of Understanding, and housing and planning code updates. A key item was the first reading passage of an ordinance banning the sale of flavored tobacco products, subject to an amendment regarding the operative date. The board also tackled legislative items relating to public safety, environment, and housing. Notably, two supervisors, Farrell and Kim, were absent and excused from the meeting. Public comment touched on concerns ranging from homelessness to homophobia, reflecting a diverse array of community issues. The meeting also included recognitions for civil rights advocacy and LGBTQ Pride Month, alongside routine appointments to various boards and committees.
The Clerk of the Board, Angela Calvillo, informed the Board that Supervisors Jane Kim and Mark Farrell had communicated their absence and requested to be excused. Supervisor Peskin, seconded by Supervisor Tang, moved to excuse them, and the motion passed with a vote of 9 ayes and 2 excused.
President Breed inquired about corrections to the Board Meeting Minutes of May 9, 2017, and the Special Meeting Minutes of the Budget and Finance Committee Meeting of May 11, 2017. Supervisor Tang, seconded by Supervisor Sheehy, moved to approve the minutes, which passed with a vote of 9 ayes and 2 excused, following general public comment.
The board considered and passed Ordinance No. 136-17, appropriating $207,500,000 from Special Tax Bonds, Series 2017A and Series 2017B, for financing related to the Transbay Transit Center Project and Transbay Plan infrastructure projects in FY2016-2017, as recommended by the Budget and Finance Committee.
The board considered and passed Ordinance No. 132-17, adopting and implementing Amendment No. 1 to the 2014-2019 Memorandum of Understanding with the Municipal Attorneys Association, extending the standby program at the District Attorney’s Office through June 30, 2019, as recommended by the Government Audit and Oversight Committee.
The board considered and passed Ordinance No. 133-17, adopting and implementing Amendment No. 1 to the 2014-2019 Memorandum of Understanding with the Machinists Union, Local 1414, providing a one-time wage adjustment of 1.15% to represented employees in classifications 7306 and 7309, effective July 1, 2017, as recommended by the Government Audit and Oversight Committee.
The board considered and passed Ordinance No. 134-17, adopting and implementing Amendment No. 1 to the 2014-2019 Memorandum of Understanding with the International Federation of Professional and Technical Engineers, Local 21, extending the PUC/CIP Planning Function Assignment Pay provision through June 30, 2019, as recommended by the Government Audit and Oversight Committee.
The board considered and passed Ordinance No. 137-17, adopting and implementing the Memorandum of Understanding with the Committee of Interns and Residents, Service Employees International Union, effective July 1, 2017, through June 30, 2021, as recommended by the Government Audit and Oversight Committee.
The board considered and passed Ordinance No. 128-17, amending the Housing Code to prohibit the installation of timers or devices, other than required water conservation fixtures, that restrict or interrupt water flow from showerheads in dwellings, apartment houses, dormitories, lodging houses, and hotels, with an exception for owner-occupied units; requiring shower heads to have a flow of no more than 2.5 gallons per minute; and directing the Clerk to forward the ordinance to the California Building Standards Commission, as recommended by the Land Use and Transportation Committee. Sponsors: Peskin; Ronen.
The board considered and passed Ordinance No. 131-17, amending the Police Code to require employers to provide employees breaks and a location for lactation and to have a policy regarding lactation in the workplace; amending the Building Code to specify the technical specifications of lactation rooms for tenant improvements; and directing the Clerk to forward the ordinance to the California Building Standards Commission, as recommended by the Land Use and Transportation Committee. Sponsors: Tang; Cohen, Ronen, Kim, Breed, Fewer, Yee and Safai.
President Breed requested that File Nos. 170651 and 170652 be called together. The board then passed Ordinance No. 138-17, appropriating all estimated receipts and expenditures for Departments of the City and County of San Francisco as of May 31, 2017, for the FYs ending June 30, 2018, and June 30, 2019. This was recommended by the Budget and Finance Committee. Sponsor: Mayor.
President Breed requested that File Nos. 170651 and 170652 be called together. The board then passed Ordinance No. 139-17, enumerating positions in the Annual Budget and Appropriation Ordinance for the FYs ending June 30, 2018, and June 30, 2019, continuing, creating, or establishing these positions; enumerating and including therein all positions created by Charter or State law; specifying and fixing compensations and work schedules; and authorizing appointments to temporary positions and fixing compensations therefore. This was recommended by the Budget and Finance Committee. Sponsor: Mayor.
President Breed requested that File Nos. 170203 and 170204 be called together. The board then passed Ordinance No. 129-17, amending the Planning Code to reorganize Article 7 and to update, correct, clarify, and simplify Code language in other Planning Code Sections; prohibit Kennels, Large Scale Urban Agriculture, Business Hours from 2 a.m. to 6 a.m., and the demolition or merger of units on the second story and above in the North Beach Neighborhood Commercial District (NCD); preserve the small storefronts, street frontage and prohibit vehicular access on certain streets within the North Beach NCD and Special Use District (SUD); create the definition of Special Food Manufacturing and amending the Eating and Drinking Controls for the North Beach SUD. This was recommended by the Land Use and Transportation Committee. Sponsor: Mayor.
President Breed requested that File Nos. 170203 and 170204 be called together. The board then passed Ordinance No. 130-17, amending Planning Code, Article 7, to delete Zoning Control Tables that are superseded by new Zoning Control Tables in a companion ordinance and to delete duplicate definitions previously relocated to Article 2 and related outdated text. This was recommended by the Land Use and Transportation Committee. Sponsor: Mayor.
The board passed Ordinance No. 135-17, amending the Administrative Code to allow tenants displaced by fires to receive payments from the Fire Victims Assistance Fund for up to four years, instead of two, if they earn 70% of Area Median Income or less, haven't secured permanent replacement housing, and have applied for affordable housing preferences. This was recommended by the Public Safety and Neighborhood Services Committee. Sponsors: Ronen; Fewer, Sheehy, Kim, Yee and Safai.
The board PASSED ON FIRST READING an ordinance amending Ordinance No. 1061, entitled “Regulating the Width of Sidewalks," to change the official sidewalk width of certain locations along First Street southeast of Mission Street, along Mission Street between First and Fremont Streets, and along Fremont Street southeast of Mission Street, and creating a new sidewalk bulb-out at the east corner of First and Mission Streets. This was recommended by the Land Use and Transportation Committee. Sponsor: Kim.
The board ADOPTED Resolution No. 258-17, approving and authorizing an agreement for the conveyance of a parcel of real estate located at 2070 Bryant Street, consisting of approximately 19,000 square feet of land, to the Mayor’s Office of Housing and Community Development for inclusionary affordable housing. This was recommended by the Land Use and Transportation Committee. Sponsors: Mayor; Ronen.
The board considered an ordinance amending the Health Code to prohibit tobacco retailers from selling flavored tobacco products, including menthol cigarettes. Supervisor Cohen moved to amend the ordinance to change the operative date to April 1, 2018, which passed. The ordinance, as amended, was then PASSED ON FIRST READING. This was recommended by the Public Safety and Neighborhood Services Committee. Sponsors: Cohen; Safai, Breed, Farrell, Sheehy, Tang and Yee.
The board APPROVED Motion No. M17-098, confirming the Rules Committee's nomination of, and reappointing, Petra DeJesus to the Police Commission for a term ending April 30, 2021. Supervisor Safai dissented.
The board APPROVED Motion No. M17-099, appointing Dave Marin, and reappointing Jason Oringer, Yuval Miller, and Julienne Fisher to the Sweatfree Procurement Advisory Group, terms ending December 17, 2017.
The board APPROVED Motion No. M17-100, reappointing Fiona Hinze to the Sunshine Ordinance Task Force for a term ending April 27, 2019.
The board APPROVED Motion No. M17-101, appointing Michelle Kim (residency requirement waived) to the Food Security Task Force for an indefinite term.
The board APPROVED Motion No. M17-102, appointing Mario Paz (residency requirement waived) to the Child Care Planning and Advisory Council for a term ending March 19, 2018.
The board APPROVED Motion No. M17-103, appointing William Pitts to the In-Home Supportive Services Public Authority for a term ending March 1, 2020.
The board APPROVED Motion No. M17-104, appointing Alex Mitra and reappointing Darcy Brown, Daniel Kling, and Rebecca Delgado Rottman to the Graffiti Advisory Board for terms ending April 10, 2019.
Supervisor Peskin introduced and presented a Certificate of Honor to Ruth Gottstein for her civil rights advocacy. The board then recognized individuals in recognition of LGBTQ Pride Month, with Supervisor Sheehy recognizing Keith Baraka and San Francisco ResQ; Supervisor Safai recognizing Tom DeCaigny; Supervisor Ronen recognizing Jesus Barragan; Supervisor Yee recognizing Rick Johnson; Supervisor Breed recognizing Melonie and Melorra Green; Supervisor Peskin recognizing Juanita MORE!; Supervisor Tang recognizing Pastor Megan Rohrer; and Supervisor Cohen recognizing Angela Calvillo.
Abdalla Megahed shared concerns regarding homeless assistance and services. Andrew Yip shared his various thoughts and experiences. Charlie Walker expressed concerns regarding the minimization of the Juneteenth Festival. A male speaker shared concerns regarding homophobia. Tom Gilberty shared political concerns and the impacts of health care reform. Peter Warfield shared concerns regarding the Public Library and privacy. Otto Duffy shared concerns regarding inclusionary housing and imbalanced political situations. Supervisor Sheehy provided a statement in response to unfounded allegations made during public comment regarding a certain Supervisor and homophobia, and reiterated his support of the Supervisor.
The board ADOPTED Resolution No. 259-17, extending by 180 days the prescribed time within which the Planning Commission may render its decision on an Ordinance (File No. 170625) amending the Planning Code to allow scooter parking in certain designated parking spaces. Sponsor: Breed
The board APPROVED Motion No. M17-105, approving Final Map 8605, a five-unit residential condominium project located at 620-622 Baker Street.
The board ADOPTED Resolution No. 260-17, declaring June 20, 2017, as Aleeta Van Runkle Day in San Francisco in recognition of her many years of service in the City Attorney’s Office and her retirement. Sponsor: Peskin.
Ordinance No. 170761 was introduced, amending the Public Works Code to update provisions on street encroachment permits, establish appeals procedures and fees for such appeals, waive the annual public right-of-way occupancy assessment fee in lieu of the waiver for permit fee payment for certain permits, modify the street encroachment permit process for governmental entities, and create a temporary street encroachment permit for a maximum period of 30 months; amending the Administrative Code to establish an encroachment maintenance fund for permits where the permittee is not an adjacent property owner; and affirming the Planning Department’s determination under the California Environmental Quality Act. It was ASSIGNED to the Land Use and Transportation Committee. Sponsor: Mayor
Ordinance No. 170762 was introduced, approving Health Service System plans and contribution rates for calendar year 2018. It was ASSIGNED to the Budget and Finance Sub-Committee. Sponsor: Farrell. Requires three-fourths vote of the full membership of the Board of Supervisors (9 votes) for passage.
Ordinance No. 170417 was introduced, amending the Administrative Code regarding owner and relative move-in (“OMI”) evictions to require a landlord seeking to recover possession of a unit for an OMI to provide the tenant with an approved form to advise the Rent Board of address changes; clarify the evidentiary standard for finding that an OMI was performed in good faith; require a landlord to file documentation with the Rent Board regarding the status of the OMI, with a penalty for not filing such documentation, and requiring the Rent Board to transmit a random sampling of such documentation to the District Attorney; extend from three to five years the time period after an OMI during which a landlord who intends to re-rent the unit must first offer the unit to the displaced tenant; authorize a tenant who has been charged excess rent within five years after an OMI to sue for treble damages; as to matters not limited to OMI evictions, provide that a landlord’s failure to timely file a copy of the notice to vacate with the Rent Board is a defense in an unlawful detainer proceeding; provide that a tenant waiver of rights in a buyout agreement is not enforceable if the buyout is not timely filed with the Rent Board; extend from one to three years the statute of limitations for wrongful eviction claims; authorize interested non-profit organizations to sue for wrongful eviction and collection of excess rent; and making clarifying changes. It was SUBSTITUTED AND ASSIGNED to the Land Use and Transportation Committee. Sponsors: Peskin; Kim and Ronen.
Ordinance No. 170763 was introduced, amending the Environment Code to require certain retailers of raw meat and poultry to report the use of antibiotics in such products to the Department of the Environment, and require City departments to report the use of antibiotics in meat purchased by the City to the Department of the Environment. It was ASSIGNED to the Public Safety and Neighborhood Services Committee. Sponsor: Sheehy.
Ordinance No. 170764 was introduced, amending the Administrative Code to require the Controller to include in mid-year financial reports to the Board of Supervisors and Mayor information regarding the overtime expenditures of the Airport, Department of Emergency Management, Fire Department, Police Department, Department of Public Health, Public Utilities Commission, Public Works, Recreation and Park Department, and Sheriff's Department. It was ASSIGNED to the Budget and Finance Sub-Committee. Sponsor: Yee.
Resolution No. 170765 was introduced, approving, for purposes of the Internal Revenue Code of 1986, as amended, the issuance and sale of residential mortgage revenue bonds by the City in an aggregate principal amount not to exceed $475,000,000 for the purpose of providing financing for the construction of approximately 550 units of residential rental housing located at 1500-1580 Mission Street and 77 South Van Ness Avenue, also known as Goodwill. It was RECEIVED AND ASSIGNED to Budget and Finance Sub-Committee. Sponsor: Mayor.
Resolution No. 170766 was introduced, retroactively authorizing the Port of San Francisco to accept and expend a grant in the amount of $1,371,250 from the Bay Area Air Quality Management’s Proposition: 1B Goods Movement Emission Reduction Program to purchase a new Tier 4 low emission locomotive for the period of May 1, 2017, through December 31, 2018. It was RECEIVED AND ASSIGNED to Budget and Finance Sub-Committee. Sponsors: Mayor; Ronen.
Resolution No. 170767 was introduced, supporting California State Assembly Bill 186, which would authorize specified counties or cities within those counties to authorize the operation of supervised injection services programs for adults that satisfies specified requirements. It was REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Sponsor: Breed.
Resolution No. 170768 was introduced, approving the jurisdictional transfer of approximately 17 acres of City-owned real property from the Port Commission to the Municipal Transportation Agency for no additional consideration. It was RECEIVED AND ASSIGNED to Land Use and Transportation Committee. Sponsor: Cohen.
Resolution No. 170769 was introduced, authorizing the issuance, sale and delivery of multifamily housing revenue bonds in an aggregate principal amount not to exceed $14,450,000 for the purpose of providing financing for the acquisition and construction of a 31-unit multifamily rental housing project known as Alice Griffith Phase 4 Apartments Project. It was RECEIVED AND ASSIGNED to Budget and Finance Sub-Committee. Sponsor: Cohen.
Resolution No. 170770 was introduced, supporting the protection of designated National Marine Sanctuaries, along the California coast, against the threat of offshore oil exploration and drilling. It was REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Sponsors: Fewer; Peskin, Yee, Kim, Ronen, Tang and Safai.
Resolution No. 170771 was introduced, retroactively 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, extending its duration by two years, for a total agreement duration of 11 years. It was RECEIVED AND ASSIGNED to Budget and Finance Sub-Committee. Sponsor: Fewer.
Hearing Request No. 170772 was introduced, requesting a hearing to receive a presentation from the Office of Economic and Workforce Development regarding its TechSF Program; and requesting the Office of Economic Workforce and Development to report. It was RECEIVED AND ASSIGNED to Public Safety and Neighborhood Services Committee. Sponsor: Fewer.
Hearing Request No. 170773 was introduced, requesting a hearing to discuss the closing of the skilled nursing and sub-acute units in St. Luke's Hospital; and requesting the Department of Public Health, Human Services Agency, and the Office of Economic and Workforce Development to report. It was RECEIVED AND ASSIGNED to Public Safety and Neighborhood Services Committee. Sponsor: Safai.
Hearing Request No. 170642 was introduced, scheduling a hearing of the Board of Supervisors sitting as a Committee of the Whole on July 25, 2017, at 3:00 p.m., to consider establishment of a property-based business improvement district to be known as the Japantown Community Benefit District. It was SCHEDULED FOR PUBLIC HEARING to Board of Supervisors.
The City Attorney introduced several proposed ordinances to settle lawsuits: Settlement of Lawsuit - Alfred Fred Pittman - $30,000; Settlement of Lawsuit - Barbara Burke and Miles Burke - $65,000; Settlement of Lawsuit - San Francisco Apartment Association, et al. - $130,440; Settlement of Lawsuit - Jose H. Lima Osorio - $57,500; Settlement of Lawsuit - BHR Operations LLC, dba Crowne Plaza and dba Holiday Inn Fisherman’s Wharf, et al. - $1,613,554.74; Settlement of Lawsuit - Betsy Isabel Ayala - $75,000. These were RECEIVED AND ASSIGNED to Government Audit and Oversight Committee.
Ordinance No. 170733 was introduced, amending the Subdivision Code to allow subdivision map applicants to apply for and obtain final or parcel transfer subdivision maps that are for conveyancing and/or financing purposes only, but do not grant any development rights. It was ASSIGNED to the Land Use and Transportation Committee.
The City Attorney introduced several proposed resolutions to settle unlitigated claims: Settlement of Unlitigated Claim - Everlane Inc. - $117,726.22; Settlement of Unlitigated Claim - Adam Holm, dba Pseudo Studio - $33,202.60. These were RECEIVED AND ASSIGNED to Government Audit and Oversight Committee.