Imperium

San Francisco County

Meeting on Budget, Leases, and Vending Regulations

The San Francisco Board of Supervisors met on July 2, 2024, and addressed a range of issues, including budget adjustments for the Police and Sheriff's Departments, lawsuit settlements, and changes to vending regulations. They approved several leases for City property, including one for the Friends and Foundation of the San Francisco Public Library and another for a cafe in City Hall. A significant portion of the meeting was dedicated to approving grant agreements for various community organizations. The board also discussed and ultimately amended a resolution concerning equity criteria in the SFUSD's Resource Alignment Initiative, as well as appropriating cost savings to restore critical programs. Public comment touched on topics like technology, Pride Events, unsolved murders, and air quality concerns.

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Consent Agenda

The board approved changes to the budget for the Police and Sheriff's departments for the 2023-2024 fiscal year.

The Board of Supervisors approved Ordinance No. 173-24 which de-appropriated $6,862,571 from the Police Department and Sheriff’s Department's budgets for salaries, equipment, and materials and supplies. This money was then re-appropriated with $2,770,003 going towards overtime in the Police Department and $4,092,568 towards overtime in the Sheriff’s Department, in response to the Departments’ projected increases in overtime as required per Administrative Code, Section 3.17.

Consent Agenda

The board approved several lawsuit settlements.

The Board approved several ordinances related to lawsuit settlements. These included settlements for Jean Agustin ($75,000 for a personal injury on a City sidewalk), Rahul Seth, M.D. (the City receiving $170,000 for a personal injury on a City street), Vincent Keith Bell ($500,000 for an alleged civil rights violation), Denise Wear ($45,000 for a personal injury on a City sidewalk), and Wendy Offen and Stephen Offen ($140,000 for an injury on a City sidewalk). All of the items were PASSED ON FIRST READING.

Consent Agenda

The board approved a tolling agreement for Maplebear, Inc. regarding tax disputes.

The Board approved Resolution No. 381-24, a Tolling Agreement, to extend the statute of limitations for Maplebear, Inc. (doing business as Instacart) to allow the business to bring potential litigation against the City for a refund of $2,204,716 of gross receipts, homelessness gross receipts, and payroll expense taxes. This agreement allows for a possible resolution of the matter without litigation and was ADOPTED.

Consent Agenda

The board approved settlements with GSW Arena LLC and the Bay Area Air Quality Management District.

Resolution No. 382-24 was approved, settling unlitigated claims filed by GSW Arena LLC against the City for $281,289.76, involving a refund of gross receipts, homelessness gross receipts, and commercial rents taxes. Additionally, Resolution No. 383-24 was approved, settling the unlitigated claim filed by the Bay Area Air Quality Management District (BAAQMD) against the City for $42,125 to resolve notices of violation concerning alleged violations of testing requirements governing onsite boilers at the Hall of Justice facility. Both resolutions were ADOPTED.

Consent Agenda

The board approved a settlement of an unlitigated claim with Cindy Ngo.

Resolution No. 379-24 was approved, settling the unlitigated claim filed by Cindy Ngo against the City for $37,342.76, involving alleged personal injuries from a fall on a City sidewalk. The resolution was ADOPTED.

Consent Agenda

The board approved changes to the planning code in the Polk Street Neighborhood Commercial District and approved a landmark tree designation.

Ordinance No. 169-24 was approved, amending the Planning Code to create an exception allowing storefront mergers and large uses for certain Limited Restaurant Uses designated as Legacy Businesses in the Polk Street Neighborhood Commercial District. Ordinance No. 174-24 was approved designating the coast redwood tree located at 4 Montclair Terrace as a landmark tree. Both ordinances were FINALLY PASSED.

Consent Agenda

The board approved ordinances related to the Library Read to Recovery Program, alcohol use regulations, and airport surveillance technology.

Ordinance No. 168-24 was approved amending the Administrative Code to establish the Library Read to Recovery Program to provide free written materials and books from mutual-help programs at the Main Library and all Library branches, for individuals seeking recovery from substance-use disorders and non-substance-related addictive disorders. Ordinance No. 170-24 was approved amending the Administrative Code to repeal Chapter 26, the Deemed Approved Off-Sale Alcohol Use Nuisance Regulations. Ordinance No. 172-24 was approved approving the amended Airport Surveillance Technology Policy governing the use of pre-security cameras. All ordinances were FINALLY PASSED.

Unfinished Business

The board approved an ordinance amending the Public Works Code regarding vending requirements and restrictions.

Ordinance No. 171-24 was approved amending the Public Works Code to streamline the enforcement of vending requirements and restrictions, clarify vending permit application and compliance requirements, require certain vending permittees to register with the Tax Collector and pay related fees, prohibit stationary sidewalk vendors from vending in residential districts, limit permissible vending times, and streamline approval of vending regulations. The ordinance was FINALLY PASSED.

New Business

The board approved a lease of City property to the Friends and Foundation of the San Francisco Public Library.

Resolution No. 377-24 was approved, authorizing the lease of 387 square feet of space at the Main Library to The Friends and Foundation of the San Francisco Public Library for an initial five-year term at an annual base rent of $15,555.84, with annual CPI increases and three additional five-year extension options. The resolution authorized the Director of Property to enter into amendments or modifications to the Lease that do not materially increase the obligations or liabilities to the City and are necessary to effectuate the purposes of the Lease or this Resolution and was ADOPTED.

New Business

The board approved a lease and revocable license of City real property to the New Community Leadership Foundation for a cafe in City Hall.

Resolution No. 378-24 was approved retroactively approving the Director of Property to execute a Lease for 1,426 square feet and a revocable license for 1,360 square feet of adjacent space on the ground level of City Hall for the operation of a café by the New Community Leadership Foundation, dba Café Melange. The lease commenced on March 1, 2024, with rent set at 10% of gross sales beginning July 1, 2024, with one option to extend for five-years. The resolution authorized the Director of Property to enter into any additions, amendments, or other modifications to the permit that do not materially increase the obligations or liabilities of the City to effectuate the purposes of this Resolution and was ADOPTED.

New Business

The board approved a real property lease to the Greater Calvary Hill Missionary Baptist Church.

Resolution No. 380-24 was approved authorizing the Director of Property to execute a Lease of a portion of the real property located at 141 Industrial Street, Unit #1 with Greater Calvary Hill Missionary Baptist Church for an initial term of three years at an initial annual base rent of $351,000. The resolution authorizes the Director of Property to enter into amendments or modifications to the Lease that do not materially increase the obligations or liabilities to the City and are necessary to effectuate the purposes of the Lease or this Resolution and was ADOPTED.

New Business

The board approved an assignment and assumption agreement for the Potrero Power Station Mixed-Use Project.

Resolution No. 374-24 was approved affirming the Planning Director’s approval of an assignment and assumption agreement between California Barrel Company LLC and the Regents of the University of California, on behalf of its San Francisco campus, regarding a portion of the Development Agreement for the Potrero Power Station Project. The resolution approved a Waiver of Liability by the City for the benefit of Developer, waiving any claims for actions subsequent to execution of the Waiver against Developer, in connection with Developer’s indemnification obligations in Section 4.10 of the Development Agreement, with respect to Block 2 of the Project. Findings under the California Environmental Quality Act were also adopted and the resolution was ADOPTED.

New Business

The board approved grant agreements for the Japanese Community Youth Council.

Resolution No. 365-24 was approved approving a grant agreement for Contract No. 1000032567 for the Japanese Community Youth Council programs: Japantown Youth Leaders; Mayor’s Youth Employment and Education Program; and SF STEM Academy Program. The agreement is between the Japanese Community Youth Council and the City, acting through its Department of Children, Youth and Their Families, for a term of July 1, 2024, through June 30, 2029, and for a total not to exceed amount of $40,386,800. Resolution No. 363-24 was also approved retroactively authorizing the Human Rights Commission to execute a Grant Agreement between the City and Japanese Community Youth Council, Inc., for the Opportunities for All-YouthWorks program, for a total contract amount not to exceed $43,214,178 and an initial term of five years commencing on June 10, 2024, through June 30, 2029. Both resolutions were ADOPTED.

New Business

The board approved the acceptance and expenditure of a grant from the American Rescue Plan Act for water and wastewater customer assistance.

Resolution No. 364-24 was approved authorizing the San Francisco Public Utilities Commission to accept and expend federal funds from the American Rescue Plan Act of 2021, administered by the State Water Resources Control Board, totaling $23,368,920.23. These funds will assist eligible residential and commercial customers who accrued water and/or wastewater arrears or received discounts for water and/or wastewater services during the extended COVID-19 pandemic from June 16, 2021, through December 31, 2022 and was ADOPTED.

New Business

The board considered increasing the transient occupancy tax exemption amount.

An ordinance was introduced amending the Business and Tax Regulations Code to increase the daily transient occupancy tax exemption amount from less than $52 to less than $60, and the weekly transient occupancy tax exemption amount from less than $130 to less than $149. It also requires review in the September 2027 - September 2029 time frame by the Controller of the exemption amounts for the purpose of considering adjustments. The item was PASSED ON FIRST READING.

Remarks

The board presented Certificates of Honor to several individuals and organizations.

President Peskin introduced and presented a posthumous Certificate of Honor for Kim Marie Thompson Cromb. Supervisor Dorsey presented a Certificate of Honor to David Nakanishi from the Department of Emergency Management. Supervisor Mandelman presented a Certificate of Honor to Leadership San Francisco. Supervisor Ronen presented a Certificate of Honor to Jean Robertson, Assistant Superintendent of Special Education (San Francisco Unified School District).

Committee Reports

The board considered making permanent the streamlined permitting provisions for unpermitted awnings.

An ordinance was introduced amending the Building and Planning Codes to make permanent the streamlined permitting provisions for unpermitted awnings and extend the waiver of applicable fees for one fiscal year, until July 1, 2025. The item was PASSED ON FIRST READING.

Committee Reports

The board considered creating a pilot program for retail hours restrictions in the Tenderloin.

An ordinance was introduced amending the Police Code to create a two-year pilot program, during which retail food and tobacco establishments in a high-crime area of the Tenderloin police district are prohibited from being open to the public from 12:00 a.m. to 5:00 a.m., or from 2:00 a.m. to 5:00 a.m. if subject to regulation by the California Department of Alcoholic Beverage Control. The item was PASSED ON FIRST READING.

Committee Reports

The board approved a resolution to rename a portion of Oakdale Avenue.

Resolution No. 384-24 was approved, declaring the intention of the Board of Supervisors to rename Oakdale Avenue between Third Street to Newhall Street to James Richards Way. The resolution was ADOPTED.

Public Testimony

The board heard public comment on a variety of issues.

Members of the public expressed concerns regarding technology and artificial intelligence, Pride Events, the unsolved murder of a citizen, clean air buildings, and the annual Dolores Hill Bomb event. There was also support expressed for the Resolution supporting The Justice for Renters Act on the November 2024 ballot.

Committee of the Whole

The board adopted a resolution recognizing Kim Marie Thompson Cromb Day.

Resolution No. 375-24 was adopted, recognizing June 29, 2024, as Kim Marie Thompson Cromb Day in the City and County of San Francisco. The resolution was ADOPTED.

Committee of the Whole

The board referred a resolution supporting The Justice for Renters Act to the Rules Committee.

Supervisor Preston moved that the Resolution supporting The Justice for Renters Act, a California State Proposition on the November 5, 2024, ballot, be REFERRED to the Rules Committee. The motion carried.

Committee of the Whole

The board adopted an amended resolution urging SFUSD to include equity criteria in the Resource Alignment Initiative.

Supervisor Ronen moved that a Resolution urging San Francisco Unified School District (SFUSD) Superintendent Matt Wayne and the Board of Education to include clear equity criteria in the Resource Alignment Initiative. The motion carried. Resolution No. 376-24 was ADOPTED AS AMENDED.

Committee of the Whole

The board approved an amended motion stating the intention to appropriate cost savings to restore critical programs.

The motion stating the Board of Supervisors’ intention to appropriate $58,855,862 of cost savings to restore critical programs serving children, youth, seniors, families, and the most vulnerable was APPROVED AS AMENDED. Motion No. M24-068

Legislation Introduced

The board received and assigned resolutions related to grant agreements, housing revenue bonds, and disaster mitigation.

The board RECEIVED AND ASSIGNED to Budget and Finance Committee resolution No. 240739, approving Amendment No. 2 to a grant agreement between the Office of Economic and Workforce Development and Bay Area Community Resources, Inc., for management of the COVID-Response Resource Hub Coordinator grant. The board RECEIVED AND ASSIGNED to Budget and Finance Committee resolution No. 240741, approving the form and authorizing the execution and delivery of an amendment to the Indenture of Trust securing the City’s Multifamily Housing Revenue Bonds (SFHA Scattered Sites). The board RECEIVED AND ASSIGNED to Budget and Finance Committee resolution No. 240742, retroactively authorizing the Office of the City Administrator to accept and expend Hazard Mitigation Grant Program funds from the Federal Emergency Management Agency.

Legislation Introduced

The board received and assigned resolutions related to youth services and a flower market permit.

The board RECEIVED AND ASSIGNED to Budget and Finance Committee resolution No. 240743, retroactively authorizing the Office of the Treasurer and Tax Collector to accept and expend a grant increase from Larkin Street Youth Services for the purpose of providing one-on-one financial coaching to Transitional Age Youth. Resolution No. 240746, approving the assignment of the Market Street Flower Market permit from Byron Yoanidis, dba Trolley-Car Flowers, to Andrew Poulos, dba Trolley-Bus Flowers was RECEIVED AND ASSIGNED to Budget and Finance Committee.

Legislation Introduced

The board referred proclamations to the next meeting and approved a resolution regarding a disability community center.

The board REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING resolution No. 240745, declaring July 9, 2024, as Black Women’s Equal Pay Day in the City and County of San Francisco, to raise public awareness about the impact of pay inequity for women. Resolution No. 240747 was RECEIVED AND ASSIGNED to Budget and Finance Committee, approving and authorizing the Director of Property to execute a Lease agreement with THE KELSEY CIVIC CENTER, LLC, for use of the ground floor commercial space at 240 Van Ness Avenue as a Disability Community Cultural Center.

Legislation Introduced

The board assigned legislation regarding the Treasury Oversight Committee to committee.

Motion No. 240748, approving/rejecting the Treasurer’s nomination of Jackie Chen to the Treasury Oversight Committee, for a four-year term ending June 17, 2026, was RECEIVED AND ASSIGNED to Rules Committee.

Legislation Introduced

The board assigned ordinances regarding lawsuit settlements to committee.

Ordinance No. 240714, authorizing settlement of the lawsuit filed by Sarah Perata against the City and County of San Francisco for $575,000 was RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. Ordinance No. 240715, authorizing settlement of the lawsuit filed by Robert Lasky against City and County of San Francisco for a payment to the City of $100,000 was RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. Ordinance No. 240716, authorizing settlement of the lawsuit filed by RES System 3, LLC against the City and County of San Francisco for $2,600,000 was RECEIVED AND ASSIGNED to Government Audit and Oversight Committee.

Legislation Introduced

The board assigned resolutions related to property leases and natural resources to committee.

Resolution No. 240717, approving the Second Amendment to Port Commission Lease No. L-16274 with Golden Gate National Parks Conservancy was RECEIVED AND ASSIGNED to Budget and Finance Committee. Resolution No. 240718, authorizing the General Manager of the San Francisco Public Utilities Commission to execute Amendment No. 1 to Contract Nos. PRO.0066 A to C, Natural Resources Specialized and Technical Services was RECEIVED AND ASSIGNED to Budget and Finance Committee.