Imperium

San Francisco County

Meeting on Settlements, Land Use, Budget, and Tobacco Restrictions

The San Francisco Board of Supervisors met on June 27, 2017, addressing a variety of issues including the approval of settlements for lawsuits, land use and zoning ordinances, budget appropriations, and a ban on flavored tobacco products. The board approved several settlements for lawsuits against the City and County. The board passed on the first reading an ordinance that would create the Kindergarten to College Fund. There were ordinances passed on the first reading that appropriated and re-appropriated transportation funds. There was also a hearing on the SFMTA-13th Street Eastbound Bicycle Facility Project. New legislation introduced included topics such as a statue for Maya Angelou and extending zoning controls for indoor agriculture.

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Consent Agenda

Approval of settlements for various lawsuits against the City and County of San Francisco.

The Board approved several settlements for lawsuits against the City and County of San Francisco. These included settlements for Peter and Joan Cuddihy ($43,000) regarding flooding, Raymond Choy ($30,000) for a civil rights violation, Jason Douglas and Carol Grindley ($60,000) related to a motorcycle collision, Devaughn Frierson ($29,500) for alleged civil rights violations, Ambac Assurance Corp. and Ambac Financial Group Inc. (City to receive $679,202) related to breach of contract, fraud, and antitrust claims, and United Airlines, Inc. (City to receive $165,000) for negligence and breach of contract causing damage to City-owned computer equipment. The board also approved settlements for unlitigated claims filed by T-Mobile West, LLC ($500,000) for utility users taxes and Jessica Kennedy ($375,000) for an employment dispute.

Unfinished Business

Final passage of an ordinance amending sidewalk widths at the southeast corner of Mission and First Streets.

The Board gave final passage to an ordinance amending Ordinance No. 1061 to change sidewalk widths at First Street southeast of Mission Street, Mission Street between First and Fremont Streets, and Fremont Street southeast of Mission Street. It also involves creating a new sidewalk bulb-out at the east corner of First and Mission Streets. The Planning Department's determination under the California Environmental Quality Act was affirmed, and findings of consistency with the General Plan and Planning Code were made.

Unfinished Business

Final passage of an ordinance banning the sale of flavored tobacco products.

The Board approved an ordinance amending the Health Code to prohibit tobacco retailers from selling flavored tobacco products, including menthol cigarettes.

New Business

First reading of an ordinance creating the Kindergarten to College Fund.

The Board passed on first reading an ordinance amending the Administrative Code to create the Kindergarten to College Fund, sponsored by Supervisor Sheehy.

New Business

First reading of an ordinance re-appropriating funds for transportation and road improvement projects.

The Board approved on the first reading an ordinance re-appropriating $26,200,000 of 2014 Transportation and Road Improvements General Obligation Bonds Series 2015B funds from Better Market Street projects and Muni Forward and Pedestrian Safety Improvements Projects to transit projects including Muni Facility Upgrades in FY2017-2018. The ordinance was sponsored by the Mayor.

New Business

First reading of an ordinance appropriating and re-appropriating funds for the Airport Hotel Project.

The Board approved on first reading an ordinance appropriating $70,060,000 for the San Francisco International Airport Hotel Project, including proceeds from Airport Capital Plan Bonds and Hotel Special Facility Revenue Bonds. They also de-appropriated and re-appropriated $25,000,000 of Hotel Special Facility Revenue Bonds. The ordinance was sponsored by the Mayor.

New Business

First reading of an ordinance appropriating funds for property purchase on Rollins Road for the SFPUC.

The Board approved on first reading an ordinance appropriating $9,132,962 of proceeds from Water Enterprise Revenue Bonds to purchase the property located at 1657-1663 Rollins Road, Burlingame, for use by the San Francisco Public Utilities Commission (SFPUC). The ordinance was sponsored by the Mayor.

New Business

First reading of an ordinance amending water revenue bond issuance for the SFPUC.

The Board approved on first reading an ordinance amending Ordinance No. 112-16 to authorize an increase of the issuance and sale of tax-exempt or taxable Water Revenue Bonds by the San Francisco Public Utilities Commission (Commission) up to $274,130,430 to finance various capital water projects, including the acquisition of the Rollins Road Property. The ordinance was sponsored by the Mayor.

New Business

Approval of a resolution authorizing the acquisition of real property on 11th Street and Minna Street for the Recreation and Park Department.

The Board adopted a resolution approving and authorizing an agreement for the City’s acquisition of five parcels of real estate on 145-165-11th Street, 973 Minna Street, and 964 Natoma Street for $9,725,000, placing the property under the jurisdiction of the Recreation and Park Department.

New Business

Approval of contracts with the Children's Council and Wu Yee Children's Services for early care and education integrated services.

The Board adopted resolutions approving contracts with the Children’s Council of San Francisco ($204,233,857) and Wu Yee Children’s Services ($31,322,180) for the provision of Early Care and Education Integrated Services to support the City’s implementation of the San Francisco Citywide Plan for Early Care and Education for the period of July 1, 2017, through June 30, 2020.

New Business

Approval of a contract amendment for Budget and Legislative Analyst Services.

The Board adopted 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 2.25% cost-of-living adjustment, increasing the total contract amount by $4,471,947 for a total amount not to exceed $12,889,420 for the period of January 1, 2014, through December 31, 2019.

New Business

Designation of outreach periodicals for various communities for FY2017-2018.

The Board approved a resolution designating Small Business Exchange, Sing Tao Daily, World Journal SF LLC, El Reportero, Bay Area Reporter, The Potrero View, and Jasmine Blue Media, dba Marina Times, as outreach periodicals for various communities for FY2017-2018.

New Business

Designation of the San Francisco Examiner as the official newspaper for official advertising for FY2017-2018.

The Board adopted a resolution designating San Francisco Print Media Co., dba San Francisco Examiner, to be the official newspaper of the City and County of San Francisco for all official advertising for FY2017-2018.

New Business

Approval of additional Airport Commission Capital Plan Bonds and Special Facility Bonds for Airport Hotel Financing.

The Board approved a resolution approving the issuance of up to $35,000,000 additional aggregate principal amount of Airport Commission Capital Plan Bonds, for a new authorized aggregate principal amount of $278,000,000 and the issuance of up to $35,000,000 additional aggregate principal amount of Airport Commission Special Facility Bonds, for a new authorized aggregate principal amount of $260,000,000 to finance a hotel at the San Francisco International Airport.

New Business

Approval of an agreement amendment with the California Department of Health Care Services for Whole Person Care Pilot Expansion.

The Board adopted a resolution authorizing the Director of Health to sign an amended agreement with the California Department of Health Care Services for expansion of the Whole Person Care Pilot to fund coordination of health, behavioral health, and social services.

New Business

Approval of a contract renewal with Community Behavioral Health Services for Mental Health Services.

The Board adopted a resolution retroactively approving a performance contract between Community Behavioral Health Services and the Department of Health Care Services, incorporating the Mental Health Services Act, for the period of July 1, 2016, through June 30, 2017.

New Business

First reading of an ordinance banning employers from considering applicant's salary history.

The Board passed on the first reading an ordinance amending the Police and Administrative Codes to ban employers from considering an applicant's salary history when determining whether to hire or what salary to offer. The ordinance also prohibits employers from disclosing a current or former employee's salary history without authorization. It authorizes the Office of Labor Standards Enforcement to enforce these provisions.

New Business

Approval of a resolution authorizing the Mayor to cast an assessment ballot for the Japantown Community Benefit District.

The Board adopted a resolution authorizing the Mayor to cast an assessment ballot on behalf of the City for the proposed Japantown Community Benefit District.

New Business

First reading of an ordinance amending the Planning Code regarding Inclusionary Affordable Housing Fee and Dwelling Unit Mix Requirements.

The Board passed on first reading, as amended, an ordinance amending the Planning Code to revise the Inclusionary Affordable Housing Fee and other Inclusionary Housing requirements. Several amendments were made, including specifying the date for determining the applicable fee or percentage based on when a complete Environmental Evaluation application is submitted.

Committee of the Whole

Recognition of Sammie Ablaza Wills, Josue Arguelles, Dr. Rochelle Dicker, Sue Lee, and Dr. May Fung Mei Tam with Certificates of Honor.

The Board presented Certificates of Honor to Sammie Ablaza Wills (API Equality), Josue Arguelles (Young Workers United, Pride at Work, and Jobs with Justice), Dr. Rochelle Dicker (Wraparound Project), Sue Lee (Chinese Historical Society of America), and Dr. May Fung Mei Tam (San Francisco Community Empowerment Center) in recognition of their accomplishments and community contributions.

Hearing

Hearing on the appeal of the determination of exemption from environmental review for the proposed SFMTA-13th Street Eastbound Bicycle Facility Project.

The Board held a public hearing regarding an appeal of the determination of exemption from environmental review for the San Francisco Municipal Transportation Agency’s proposed 13th Street Eastbound Bicycle Facility Project. Mary Miles, on behalf of the Coalition for Adequate Review, presented the appeal. Marlena Byrne (Office of the City Attorney), Wade Wietgrefe (Planning Department), Jennifer Wong (Municipal Transportation Agency), and Christopher Espiritu (Planning Department) provided information. The board ultimately affirmed the determination that the project was categorically exempt.

Committee Reports

First reading of an ordinance creating the Corona Heights Large Residence Special Use District.

The Board passed on first reading an ordinance amending the Planning Code and Zoning Map to create the Corona Heights Large Residence Special Use District to promote and enhance neighborhood character and affordability by requiring Conditional Use authorization for large residential developments.

Committee Reports

First reading of an ordinance amending the Administrative Code regarding owner move-in reporting requirements.

The Board passed on first reading, as amended, an ordinance amending the Administrative Code regarding owner move-in (OMI) evictions to require a landlord seeking to recover possession of a unit for an OMI to provide a declaration, provide a tenant with a form to advise the Rent Board of address changes, and clarify the evidentiary standard. An amendment was added that allows an organization with tax-exempt status and the primary mission of protecting tenants' rights to bring a civil action against a landlord who has wrongfully recovered possession of a rental unit.

Committee Reports

Discussion of an ordinance regarding owner move-in evictions and other landlord-tenant matters, but no action taken as it wasn't a Committee Report.

This item regarding owner and relative move-in ("OMI") evictions was discussed. It addresses OMI notices, evidentiary standards, and extending the statute of limitations for wrongful eviction claims, as well as authorizes interested non-profit organizations to sue for wrongful eviction, however it wasn't sent as a Committee Report.

Committee Reports

First reading of an ordinance approving a fee waiver for the 1515 South Van Ness Avenue project.

The Board passed on first reading an ordinance approving a fee waiver for LMC San Francisco I Holdings, LLC’s project at 1515 South Van Ness Avenue under Building Code, Section 106A.4.13.

Public Testimony

Public comment on various issues, including violence in the Tenderloin, conflict resolution, and the new China Belt and Road Initiative.

Members of the public shared concerns regarding violence in the Tenderloin, conflict resolution, transparency, and the new China Belt and Road Initiative. There was also support for the resolution supporting the protection of designated national marine sanctuaries.

Legislation Introduced

Resolution supporting California State Assembly Bill 186 regarding controlled substances and safer drug consumption programs.

The Board adopted a resolution supporting California State Assembly Bill 186, which would authorize specified counties or cities to authorize the operation of supervised injection services programs for adults.

Legislation Introduced

Resolution supporting the protection of designated National Marine Sanctuaries.

The Board adopted a resolution supporting the protection of designated National Marine Sanctuaries along the California coast against offshore oil exploration and drilling. Supervisors Kim, Ronen, Tang, and Safai requested to be added as co-sponsors.

Legislation Introduced

Introduction of an ordinance directing the Arts Commission to erect a statue of Maya Angelou at the Main Library.

Supervisor Farrell introduced an ordinance directing the Arts Commission to erect a statue of Maya Angelou at the Main Library, setting a City policy for depicting women on City property, and creating a fund for public art depicting historically significant women.

Legislation Introduced

Substitution of an ordinance waiving temporary street space occupancy fees for Small Business Week sidewalk sales.

Supervisor Fewer's ordinance waiving the fee required by Public Works Code, Section 724.1(b) for temporary street space occupancy permits on certain City streets on Saturday, May 20, 2017, as part of Small Business Week sidewalk sales was substituted and assigned to the Budget and Finance Sub-Committee

Legislation Introduced

Introduction of an ordinance rezoning 1990 Folsom Street.

Supervisor Ronen introduced an ordinance amending the Planning Code to rezone 1990 Folsom Street from Production, Distribution, and Repair-General to Urban Mixed Use. The ordinance was assigned to the Land Use and Transportation Committee.

Legislation Introduced

Substitution of an ordinance amending the Environment Code regarding antibiotic use in food animals.

Supervisor Sheehy's ordinance amending the Environment Code to require certain retailers of raw meat and poultry to report the use of antibiotics in such products was substituted and assigned to the Public Safety and Neighborhood Services Committee.

Legislation Introduced

Introduction of a resolution extending interim zoning controls for indoor agriculture.

The Mayor introduced a resolution extending interim zoning controls to require conditional use authorization for indoor agriculture uses. The resolution was assigned to the Land Use and Transportation Committee.

Legislation Introduced

Introduction of a resolution to establish the Japantown Community Benefit District.

Supervisor Breed introduced a resolution of formation to establish the Japantown Community Benefit District. The resolution was received and assigned to the Board of Supervisors.

Legislation Introduced

Introduction of a resolution declaring June 21, 2017, as Asking Saves Kids Day.

Supervisor Farrell introduced a resolution recognizing Brady Campaign’s ASK (Asking Saves Kids) Campaign and declaring June 21, 2017, as Asking Saves Kids Day in San Francisco. The resolution was referred for adoption without committee reference.

Legislation Introduced

Introduction of a resolution recognizing the 35th anniversary of the murder of Vincent Chin.

Supervisor Fewer introduced a resolution recognizing the 35th anniversary of the murder of Vincent Chin and declaring the City’s support of Asian American communities against racialized hate and violence. The resolution was referred for adoption without committee reference.

Legislation Introduced

Introduction of a resolution urging the Recreation and Park Commission to name the new park at 2080 Folsom Street "In Chan Kaajal Park".

Supervisor Ronen introduced a resolution urging the Recreation and Park Commission to name the new park at 2080 Folsom Street as "In Chan Kaajal Park." The resolution was referred for adoption without committee reference.

Legislation Introduced

Introduction of a resolution for a hearing to consider the state of institutional housing for seniors.

Supervisor Yee introduced a resolution for a hearing to consider the state of institutional housing, particularly assisted living, residential care facilities, and small beds for seniors in San Francisco. The resolution was received and assigned to the Public Safety and Neighborhood Services Committee.

Legislation Introduced

Introduction of an ordinance amending the General Plan for the One Oak Street Project.

The Planning Commission introduced an ordinance amending the General Plan by revising the height and bulk designations for the One Oak Street project. The ordinance was assigned to the Land Use and Transportation Committee.

Legislation Introduced

Introduction of an ordinance amending the Planning Code for the One Oak Street Project.

The Planning Commission introduced an ordinance amending the Planning Code by revising Sheet HT07 of the Zoning Map for the One Oak Project. The ordinance was assigned to the Land Use and Transportation Committee.

Legislation Introduced

Introduction of an ordinance settling a lawsuit filed by Zhen Qiang Zhang.

The City Attorney introduced an ordinance authorizing settlement of the lawsuit filed by Zhen Qiang Zhang. The ordinance was assigned to the Government Audit and Oversight Committee.

Legislation Introduced

Introduction of an ordinance settling a lawsuit filed by Pedro Figueroa Zarceno.

The City Attorney introduced an ordinance authorizing settlement of the lawsuit filed by Pedro Figueroa Zarceno. The ordinance was assigned to the Government Audit and Oversight Committee.

Legislation Introduced

Introduction of an ordinance settling a lawsuit filed by Stuart Kohler.

The City Attorney introduced an ordinance authorizing settlement of the lawsuit filed by Stuart Kohler. The ordinance was assigned to the Government Audit and Oversight Committee.

Legislation Introduced

Introduction of an ordinance designating 2117-2123 Market Street (aka New Era Hall) as a Landmark.

The Historic Preservation Commission introduced an ordinance amending the Planning Code to designate 2117-2123 Market Street (aka New Era Hall) as a Landmark. The ordinance was assigned to the Land Use and Transportation Committee.

Legislation Introduced

Introduction of a resolution regarding a real property license for American Towers LLC.

The Public Utilities Commission introduced a resolution authorizing the General Manager of the San Francisco Public Utilities Commission to enter into a communications site lease with American Towers LLC. The resolution was received and assigned to Budget and Finance Sub-Committee.

Legislation Introduced

Introduction of a resolution regarding a purchase and sale agreement for property in Sunol, CA.

The Public Utilities Commission introduced a resolution approving and authorizing the execution of a Purchase and Sale Agreement with Timothy Su and Lan Fong Chen for the sale of real property in Sunol, CA. The resolution was received and assigned to Budget and Finance Sub-Committee.

Legislation Introduced

Introduction of a resolution approving a lease for property on 9th Street.

The Department of Homelessness and Supportive Housing introduced a resolution approving a lease of approximately 25,125 square feet at 170-9th Street. The resolution was received and assigned to Budget and Finance Sub-Committee.