Imperium

The Board approved Ordinance No. 139-23, which amends the Building and Planning Codes to create a temporary amnesty program for unpermitted awnings. This program streamlines the application process to legalize awnings, waives applicable fees, and confers legal nonconforming status for awnings and signs that do not comply with the Planning Code. The ordinance also affirms the Planning Department’s determination under the California Environmental Quality Act and makes findings of consistency with the General Plan and the eight priority policies of Planning Code Section 101.1, as well as findings of public necessity, convenience, and welfare pursuant to Planning Code Section 302. It was sponsored by the Mayor, Peskin, Stefani, Chan, Preston, Ronen, Mandelman, Safai and Engardio.

The Board approved Ordinance No. 138-23, which amends the Administrative Code to limit the application of nonprofit reporting requirements to organizations receiving more than $100,000 annually, require submission of tax and governance documents to confirm nonprofit status, centralize reporting by restoring the City Administrator as the sole collector of information, and require the City Administrator to make reported information publicly available. The ordinance was sponsored by Supervisor Safai.

The Board considered Ordinance No. 140-23, which amends the Park Code to 1) reduce the number of seats on the Parks, Recreation, and Open Space Advisory Committee (PROSAC), 2) provide for alternate members, 3) allow members to serve for more than four consecutive terms, 4) provide for the appointment of members having experience with environmental justice, racial equity, and disability issues; and 5) provide that meetings shall occur at City Hall. Anne Pearson from the Office of the City Attorney, provided responses to questions raised throughout the discussion. Supervisor Safai requested this Ordinance be DUPLICATED ON FINAL PASSAGE (See Duplicated File No. 230809). Supervisor Ronen had voted No on First Reading. The ordinance was FINALLY PASSED.

The Board voted to re-refer the duplicated Ordinance (File No. 230809), which amends the Park Code regarding PROSAC membership, to the Rules Committee. This duplicated the previously discussed file (230482). Supervisor Safai, seconded by Supervisor Mandelman, moved that this Ordinance be RE-REFERRED to the Rules Committee.

The Board considered Ordinance No. 230312, which amends the Public Works Code to eliminate permit fees for a Curbside Shared Spaces permit approved before June 30, 2024, and amends the Administrative Code to increase the gross receipts threshold from $2,000,000 to $2,500,000 for reductions to annual Curbside Shared Spaces permit and license fees. The Planning Department's determination under the California Environmental Quality Act. (Fiscal Impact) This was PASSED ON FIRST READING and was sponsored by Safai.

The Board adopted Resolution No. 351-23, approving the list of projects to be funded by Fiscal Year 2023-2024 Road Maintenance and Rehabilitation Account funds as established by California Senate Bill 1, the Road Repair and Accountability Act of 2017. This resolution was sponsored by the Mayor.

President Peskin requested File Nos. 230644, 230645, 230646, 230647, 230648, 230649, 230650, 230651, 230652, 230653, 230654, 230655, 230656, 230658, 230659, 230661, 230662, 230663, 230664, 230665, 230666, 230667, 230668, 230669, 230671, 230672, 230673, 230674, 230675, 230676, 230677, 230678, 230679, 230680, and 230681 (the Annual Budget) be called together. Supervisor Mandelman, seconded by Supervisor Safai, moved that this Ordinance be CONTINUED ON FIRST READING to the Board of Supervisors meeting of July 18, 2023

Supervisor Walton presented a Certificate of Honor to the staff and volunteers of Pier 94, Site F, for their accomplishments and community support. Supervisor Safai presented a Certificate of Honor to Ivan Contreras for his heroic actions assisting the victim of a catastrophic accident. Supervisor Chan presented a Certificate of Honor to Kumiko Inui on the occasion of her retirement as a Pre-School Director.

The Board, sitting as a Committee of the Whole, held a hearing on the establishment of the Excelsior Community Benefit District. Chris Corgas (Mayor's Office of Economic and Workforce Development) provided an overview and answered questions. Maribel Ramirez; Cathy Mulkey Meyer; Laura Padilla; Rosanne Harrison; Linda White-Heiser; Mel Flores; Tom Murphy; Alma Castellanos; Leigh Salvador; Shanae Trinity; spoke in support of the community benefit district. Michael Rossi; Robert Rossi; Rosa Ortega; spoke in opposition to the community benefit district. After public comment, the hearing was closed.

Following the hearing, the Board adopted Resolution No. 350-23 to establish the Excelsior Community Benefit District, ordering the levy and collection of assessments against property located in that district for 10 years commencing with Fiscal Year 2023-2024, subject to conditions as specified, and making environmental findings. Alisa Somera, Legislative Deputy Director, reported the results of the weighted ballots: 63.0% for and 37.0% against. The Board determined that there was no majority protest.

The Board, sitting as a Committee of the Whole, held a hearing to consider objections to a report of delinquent real property transfer tax for Assessor's Parcel Block No. 0340, Lot No. 004 (2-16 Turk Street). President Peskin reported that the matter has been resolved and the Resolution is no longer needed.

The Board voted to table Resolution No. 230628 which confirmed a report of delinquent real property transfer tax for Assessor's Parcel Block No. 0340, Lot No. 004 (2-16 Turk Street). Supervisor Mandelman, seconded by Supervisor Preston, moved that this Resolution be TABLED.

The Board discussed Ordinance No. 230374, which would amend the Building Code to outline the site permit application process, define and limit the scope of Building Official review of site permits, and require simultaneous interdepartmental review of site permits; and affirming the Planning Department’s determination under the California Environmental Quality Act. (This item was not sent as a committee report.)

The Board considered Ordinance No. 230410, which amends the Planning Code to permit Health Services uses on the ground floor for specified areas of the Polk Street Neighborhood Commercial District (NCD), to clarify that in the Polk Street NCD and within a quarter-mile of its boundaries Tobacco Paraphernalia Establishments where any Tobacco Paraphernalia is sold, delivered, distributed, furnished, or marketed are not permitted, to clarify that in the Haight Street NCD such Tobacco Paraphernalia Establishments require conditional use authorization, and to clarify that Tobacco Paraphernalia Establishments do not include medicinal and adult-use cannabis retail uses; and affirming the Planning Department’s determination under the California Environmental Quality Act, making findings of consistency with the General Plan, and the eight priority policies of the Planning Code, Section 101.1, and making findings of public necessity, convenience, and welfare pursuant to the Planning Code, Section 302. This ordinance PASSED ON FIRST READING and was sponsored by Peskin; Preston.

The Board considered Ordinance No. 230569, which amends the Administrative Code to extend the sunset date of the San Francisco Sentencing Commission to June 30, 2026. Supervisor Mandelman requested to be added as a co-sponsor. The ordinance PASSED ON FIRST READING and was sponsored by the Mayor; Stefani and Mandelman.

The Board approved the Mayor's nomination for the appointment of Bianca Neumann to the Building Inspection Commission, term ending July 1, 2025. (Clerk of the Board). Supervisor Walton dissented in Committee.

The Board approved the Mayor's nomination for the appointment of Angie Sommer to the Building Inspection Commission, term ending July 1, 2024. (Clerk of the Board). Supervisor Walton dissented in Committee.

The Board approved President Aaron Peskin’s nomination for the appointment of Alysabeth Alexander-Tut to the Building Inspection Commission, term ending July 1, 2025.

The Board approved President Aaron Peskin’s nomination for the appointment of Evita Chavez to the Building Inspection Commission, term July 1, 2025.

The Board approved President Aaron Peskin’s nomination for the appointment of Kavin Williams to the Building Inspection Commission, term ending July 1, 2024.

Members of the public provided comments on various topics, including concerns related to technology, the disruption of a recent unsanctioned skating event by the Police Department, and the need for more street cleaning programs.

The Board adopted Resolution No. 352-23, urging the Board of Education to allocate funding for high school after-school programming. Supervisor Preston requested to be added as a co-sponsor.

The Board adopted Resolution No. 353-23 of intent to waive the Major Encroachment Permit fee and ongoing fees, including the street improvement permit, annual assessment, and street improvement annual assessment fees, for the Brotherhood Way Greenway Beautification Project.

The Board adopted Resolution No. 354-23, supporting Assembly Constitutional Amendment No. 4, authored by Assembly Member Isaac Bryan and Senator Josh Becker, to restore the right to vote for incarcerated people in the California State Constitution. Supervisor Mandelman requested to be added as a co-sponsor.

The Board adopted Resolution No. 355-23, supporting Assembly Constitutional Amendment No. 8, introduced by Assembly Member Lori Wilson, to prohibit slavery in any form, including forced labor as a punishment to a crime. Supervisors Chan, Safai, Stefani, and Engardio requested to be added as co-sponsors.

An ordinance was introduced that amended the Planning Code to 1) modify the annual indexing of certain development impact fees, with the exception of inclusionary housing fees; 2) provide that the type and rates of applicable development impact fees, with the exception of inclusionary housing fees, shall be determined at the time of project approval; 3) exempt eligible development projects in PDR (Production, Distribution, and Repair) Districts, and the C-2 (Community Business) and C-3 (Downtown Commercial) Zoning Districts from all development impact fees for a three-year period; 4) allow payment of development impact fees, with the exception of fees deposited in the Citywide Affordable Housing Fund, to be deferred until issuance of the first certificate of occupancy; and 5) adopt the San Francisco Citywide Nexus Analysis supporting existing development impact fees for recreation and open space, childcare facilities, complete streets, and transit infrastructure and making conforming revisions to Article 4 of the Planning Code; amending the Building Code to allow payment of development impact fees, with the exception of fees deposited in the Citywide Affordable Housing Fund, to be deferred until issuance of the first certificate of occupancy and repealing the fee deferral surcharge; affirming the Planning Department’s determination under the California Environmental Quality Act; making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1; and making findings of public necessity, convenience, and welfare pursuant to Planning Code, Section 302. ASSIGNED to Land Use and Transportation Committee.

An ordinance was introduced that amended the Administrative Code to provide that tenants may elect to be accompanied by a tenant association representative at meetings with their landlord; to set rules for the duration of and attendance at meetings of the full tenant association; to provide that a tenant association remains in good standing unless it has failed to re-certify or a new tenant association has been certified; and to make clarifying changes regarding the obligation of landlords and tenant associations to confer in good faith. ASSIGNED UNDER 30 DAY RULE to Rules Committee

A resolution was introduced approving the Director of Public Works’ declaration of emergency under Administrative Code, Section 6.60, for repair work at Laguna Honda Hospital and Rehabilitation Center, located at 375 Laguna Honda Boulevard, estimated to cost in excess of $250,000. (Public Works) ASSIGNED to Budget and Finance Committee.

A resolution was introduced authorizing the Mayor’s Office of Housing and Community Development to expend SoMa Community Stabilization Fund dollars in the amount of up to $3,014,800 to address various impacts of destabilization on residents and businesses in SoMa for a term to commence effective upon approval this Resolution through June 30, 2024. ASSIGNED to Budget and Finance Committee.

A resolution was introduced declaring the City’s real property located at 1939 Market Street (Assessor’s Parcel Block No. 3501, Lot No. 006) (“1939 Market Property”) and 1515 South Van Ness Avenue (“1515 SVN” Property, and together with the 1939 Market Property, collectively, the “Property”) as Exempt Surplus Land under California Government Code, Sections 25539.4 and 54221(f)(1)(A); 2) affirming use of the Property by the Mayor’s Office of Housing and Community Development (“MOHCD”) for the development as 100% affordable housing with ancillary commercial space; 3) affirming MOHCD’s intent to convey the Property under a long term ground lease with an annual base rent of $100 annual lease monitoring fee of $15,000 and restricting the Property for affordable housing and ancillary commercial space; and 4) affirming the Planning Department’s approval of the projects developed on the Property under Senate Bill (SB) No. 35 or Assembly Bill (AB) No. 2162. (Mayor’s Office of Housing and Community Development) ASSIGNED to Budget and Finance Committee.

A resolution was introduced retroactively authorizing the Department on the Status of Women to accept and expend a grant from the Blue Shield California Foundation in the amount of $150,000 for a one-year grant period from April 1, 2023, through March 31, 2024, for the Leveraging Collaboratives to End Domestic Violence Program. (Department on the Status of Women) ASSIGNED to Budget and Finance Committee.

A resolution was introduced retroactively authorizing the Police Department to accept and expend an in-kind gift of 900 units of Naloxone valued at $48,750 through the Naloxone Distribution Project, which is funded by the Substance Abuse and Mental Health Services Administration and administered by the Department of Health Care Services. ASSIGNED to Budget and Finance Committee.

A resolution was introduced authorizing the San Francisco Public Utilities Commission to accept and expend grant funds of up to $538,051 from the California Department of Water Resources for the pipeline construction of the San Francisco Zoo Recycled Water Project, pursuant to Administrative Code, Section 10.170-1(b), for the period of October 1, 2023, through December 31, 2024. (Public Utilities Commission) ASSIGNED to Budget and Finance Committee.

A resolution was introduced extending and modifying interim zoning controls enacted in Resolution No. 109-22, to require a Conditional Use authorization for proposed Parcel Delivery Service uses, and to modify those interim controls in two ways: 1) to apply to Parcel Delivery Services uses greater than 10,000 square feet; and 2) to use the definition of Parcel Delivery Services that was in effect as to the effective date of Resolution No. 109-22; affirming the Planning Department’s determination under the California Environmental Quality Act; and making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Sections 101.1 and 306.7. ASSIGNED UNDER 30 DAY RULE to Land Use and Transportation Committee

A resolution was introduced supporting California State Senate Bill No. 532, introduced by Senator Scott Wiener, enabling the San Francisco Bay Area to raise funds to prevent a medium-term public transportation operations budget shortfall while requiring transit safety, cleanliness, and reliability improvements. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

A resolution was introduced supporting Governor Gavin Newsom’s 2024 ballot initiative proposal to modernize California’s behavioral healthcare system, which includes California State Senate Bill No. 326, an update of the Mental Health Services Act authored by Senator Susan Talamantes Eggman, and California State Assembly Bill No. 531, a bill authored by Jacqui Irwin that would place before the voters a $4.68 billion General Obligation Bond intended to build at least 10,000 new behavioral health beds across California community treatment campuses and facilities. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

A resolution was introduced extending by 60 days the prescribed time within which the Planning Commission may render its decision on an Ordinance (File No. 230735) amending the Planning Code to change the manner in which residential density is regulated in Neighborhood Commercial Districts by replacing residential numerical density limits with already-existing regulations on the built envelope of buildings, such as height, bulk, and setbacks; affirming the Planning Department’s California Environmental Quality Act determination; and making Planning Code, Section 302, findings, and making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

A resolution was introduced declaring July 16 through July 22, 2023, as Probation Services Week in the City and County of San Francisco to recognize the immense contributions of Adult and Juvenile Probation Departments in providing alternatives to incarceration. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

A motion was introduced approving the Mayor’s nomination for the reappointment of Kate Favetti to the Civil Service Commission. Motion was introduced approving the Mayor’s nomination for the reappointment of Jacqueline Minor to the Civil Service Commission. Motion was introduced approving/rejecting the Mayor’s nomination for the appointment of Dominica Henderson to the Municipal Transportation Agency Board of Directors. A motion was introduced approving/rejecting the Mayor’s nomination for the appointment of Earl Shaddix to the Building Inspection Commission. A Motion was introduced approving/rejecting the Mayor’s nomination for the appointment of Dena Aslanian-Williams to the Homelessness Oversight Commission.

A Motion was introduced adopting findings in support of the Board of Supervisors’ disapproval of the decision of the Planning Commission by its Motion No. 21278, approving a Conditional Use Authorization, identified as Planning Case No. 2022-011241CUA, for a proposed project at 301 Toland Street. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

A Motion was introduced adopting findings in support of the Board of Supervisors’ disapproval of the decision of the Planning Commission by its Motion No. 21301, approving a Conditional Use Authorization, identified as Planning Case No. 2022-003331CUA, for a proposed project at 1160 Mission Street; and approving a Conditional Use Authorization for the same Planning Case and property with different conditions; adopting findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1; and affirming the Planning Department’s determination under the California Environmental Quality Act. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

A request for hearing was made on the Emergency Firefighting Water System funding and design on the westside of San Francisco; A request for hearing was made on the RWG’s Final Governance Plan, Business Plan and Viability Study for a San Francisco Municipal Financial Corporation and a San Francisco Public Bank. A request for hearing was made on the City's Efforts to Address Car Break-Ins.

An ordinance was introduced approving the Surveillance Technology Policy for the Department of Elections’ use of social media monitoring technology. ASSIGNED UNDER 30 DAY RULE to Rules Committee.

An ordinance was introduced amending the Public Works, Administrative, Police, Health, and Building Codes to clarify the authority of the Public Works Commission, the Sanitation and Streets Commission, the Department of Public Works, and the San Francisco Public Utilities Commission; amending said Codes to provide clarifications, corrections, and updates consistent with changes in state and local laws; and affirming the Planning Department’s determination under the California Environmental Quality Act. ASSIGNED UNDER 30 DAY RULE to Rules Committee.

An ordinance was introduced authorizing settlement of the lawsuit filed by Akashni Bhan against the City and County of San Francisco for $175,000. An ordinance was introduced authorizing settlement of the lawsuit filed by Cheri Pierce against the City and County of San Francisco for $75,000. An ordinance was introduced authorizing settlement of the lawsuit filed by Bi Jun Zhang against the City and County of San Francisco for $35,000. An ordinance was introduced authorizing settlement of the lawsuit filed by Wayne Kha against the City and County of San Francisco for $465,000. An ordinance was introduced authorizing settlement of the lawsuit filed by Digital Realty Trust, Inc. against the City and County of San Francisco for $1,858,150.71. An ordinance was introduced authorizing settlement of the cross-complaint filed by Build Group, Inc. against the City and County of San Francisco for a payment to Build Group, Inc. of $211,129.46.

A Resolution was introduced settlement of Unlitigated Claim - Cincinnati Insurance Company - $37,636.23. A Resolution was introduced settlement of Unlitigated Claim - Arthur Villegas - $50,000. A Resolution was introduced settlement of Unlitigated Claim - Ronghan Guan - $50,450. A Resolution was introduced settlement of Unlitigated Claims - Glencore Ltd. - $197,203.64.

A resolution was introduced authorizing the acceptance and recording of an avigation easement by the City and County of San Francisco from SyNoor LLC for the development at 410 Noor Avenue in South San Francisco, California, at no cost to the City and County of San Francisco. TRANSFERRED to Land Use and Transportation Committee.

A resolution was introduced approving Modification No. 2 to Airport Professional Services Contract No. 50195 between BEUMER Lifecycle Management LLC, and the City and County of San Francisco, acting by and through its Airport Commission, for the operations and maintenance of the baggage handling system in the Harvey Milk Terminal to increase the contract amount by $17,000,000 for a total not to exceed contract amount of $38,000,000 and to extend the contract term for one year and six months from December 31, 2023, for a new contract term of August 1, 2020, through June 30, 2025, pursuant to Charter, Section 9.118(b). ASSIGNED to Budget and Finance Committee.