Imperium

The Board approved settlements for several lawsuits. George Birmingham will receive $1,500,000 in settlement related to the sale of parcels on Burnett Avenue. Malcolm Davis will receive $28,000 as a partial settlement for flooding damage. John H. Aspelin and Barbara J. Kaplan-Aspelin will receive $199,353 for property damage caused by a flooding event at 1 Justin Drive. Charleen Maghzi will receive $1,427,637.59 for damages arising from a 2016 landslide. Robert Brown will receive $119,909 for alleged civil rights violations. Isabel Rodriguez-Alba will receive $55,000 for injuries sustained from a fall in a pothole. Pacific Bell Telephone Company and AT&T Services, Inc. will receive $852,057.22 for property damage caused by flooding events at 30 Onondaga Street. Gail Bonnifield, Aquene Cali Montano, and Dontanayia Lockwood will receive $110,000 for personal injuries from pedestrians being struck by a City vehicle. Rita Kae Restrepo and Cheryl Randolph will receive $195,000 for an employment dispute.

The Board approved an ordinance amending the Planning Code by revising Zoning Map Sheet ZN06 to rezone Assessor’s Parcel Block No. (AB) 2719C, Lot No. 023, located at Burnett Avenue and Burnett Avenue North, from Public (P) to Residential, Mixed Districts, Low Density (RM-1); rezoning a portion of Burnett Avenue North generally bounded by AB 2745, Lot No. 036, and AB 2719C, Lot No. 023, to RM-1; 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 adopting findings of public necessity, convenience, and welfare under Planning Code, Section 302. In support of the previous resolution, the board approved the summary street vacation of a portion of Burnett Avenue North, generally bounded by Assessor’s Parcel Block No. 2719C, Assessor’s Parcel Block No. 2745, and Burnett Avenue, subject to specified conditions; affirming the Planning Department’s determination under the California Environmental Quality Act; adopting findings of consistency with the General Plan, and eight priority policies of Planning Code, Section 101.1; and authorizing official acts taken in connection with this Ordinance, as defined herein.

The Board approved the Treasurer's nominations of Ben Rosenfield, Reeta Madhavan, Kevin Kone, and Eric Sandler to the Treasury Oversight Committee, with terms ending June 17, 2022. The Board also appointed Matthew Cate and Lila LaHood to the Sunshine Ordinance Task Force, with terms ending April 27, 2020.

The Board approved the Budget and Appropriation Ordinance, but Supervisor Peskin was excused from voting on the 'RP BOS Districts Projects' line. Separately, the budget for the Municipal Transportation Agency was also voted on, with Supervisor Fewer voting against it. The remaining balance of the question was approved, and then the entire ordinance was finally passed as a whole.

The Board approved the Annual Salary Ordinance. Supervisor Fewer requested a divided vote to separately consider the budget for the Municipal Transportation Agency, which was then passed with Fewer voting no. The remaining balance of the question was finally passed, and then the entire ordinance was finally passed as a whole.

The Board adopted the Neighborhood Beautification and Graffiti Clean-up Fund Tax designation ceiling for tax year 2018.

The Board approved an ordinance amending the Administrative Code to allow the Planning Department to use the proceeds in the Planning Code Enforcement Fund for all Planning Code enforcement activities.

The Board approved an ordinance amending the Administrative Code to increase the balance of the District Attorney’s revolving fund to $2,200.

The Board approved an ordinance amending the Health Code to set patient rates and rates for other services provided by the Department of Public Health, starting July 1, 2018, for FYs 2018-2019 and 2019-2020, through June 30, 2020; and to revise certain Substance Use Disorder treatment services and increase patient rates charged for those Substance Use Disorder treatment services, retroactive to July 1, 2017.

The Board approved an ordinance amending the Administrative Code to reclassify the Mayor’s Fund for the Homeless as a category eight fund to permit the accumulation of interest; to authorize the same fund to receive grants, gifts, and bequests of money; and to transfer administration of the Navigation Partnerships Fund from the Mayor’s Office to the Department of Homelessness and Supportive Housing.

The Board approved the third amendment to the contract between the City and County of San Francisco through its Public Utilities Commission (PUC) and the United States, through the Department of Energy Western Area Power Administration, for delivery of low-cost power and scheduling coordinator services to Treasure Island and Yerba Buena Island to extend the term by four years and three months from October 1, 2020, through December 31, 2024, and increasing the maximum amount of the agreement to $28,370,000.

The Board approved an ordinance de-appropriating $6,174,381 from permanent salaries, and appropriating $6,174,381 to Police Department to support increases in Workers’ Compensation expenditures for FY2017-2018.

The Board approved an ordinance amending the Business and Tax Regulations Code to permit validation actions and impose a statute of repose with respect to Propositions C and G, adopted by San Francisco voters on June 5, 2018.

The Board approved an ordinance amending the Planning Code to 1) authorize expansion of an Accessory Dwelling Unit (ADU) within the buildable area, 2) authorize the Zoning Administrator to waive or modify bicycle parking requirements for an ADU, 3) exempt from the permit notification requirement ADUs constructed within the defined existing built envelope, and 4) allow conversion of an existing stand-alone garage, storage structure, or other auxiliary structure to an ADU and expansion of the existing building envelope to add dormers. A duplicated file on this matter was referred to the Land Use and Transportation Committee.

The Board PASSED ON FIRST READING the Ordinance amending the Planning Code to prohibit Cannabis Retail and Medical Cannabis Dispensaries in the Chinatown Mixed Use Districts. The Board also FINAL PASSED the Ordinance amending the Planning Code to allow Catering as an Accessory Use to Limited Restaurants under certain conditions.

The Board approved an ordinance amending the Planning Code to amend the Housing Opportunities Mean Equity-San Francisco (HOME-SF) Program to revise the amount of inclusionary housing required and the types of development bonuses received for projects with complete environmental evaluation applications submitted on or before December 31, 2019, with existing requirements and bonuses revived for projects with complete environmental evaluation applications submitted on or after January 1, 2020, and to require project authorization under Planning Code, Section 328; revising the 100% Affordable Housing Bonus Program to eliminate a Planning Commission review hearing for 100% affordable housing projects upon delegation by the Planning Commission; establish duties for the Inclusionary Housing Technical Advisory Committee; affirming the Planning Department’s determination under the California Environmental Quality Act; and making findings of public necessity, convenience, and welfare under Planning Code, Section 302, and findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1.

The Board approved an ordinance amending the Planning Code to create a two-year pilot program removing public notice and Planning Commission review for certain uses in Neighborhood Commercial Districts in Supervisorial Districts 4 and 11; modifying zoning controls for certain uses in Supervisorial Districts 4 and 11.

The Board approved an ordinance amending the Environment Code to prohibit the sale or use in the City of single-use food service ware made with fluorinated chemicals and certain items made with plastic; require that food service ware accessories be provided only on request or at self-service stations; require reusable beverage cups at certain events that necessitate a City permit or are held at a City-owned or City-leased facility; remove waiver provisions.

The Board approved an ordinance amending the Planning Code in order to correct errors in enacted legislation, update outdated references, clarify existing requirements, and re-enact existing text inadvertently deleted in the reorganization of Articles 2 and 7.

The Board approved an ordinance amending the Planning Code to designate 6301 Third Street (aka Arthur H. Coleman Medical Center), Assessor’s Parcel Block No. 4968, Lot No. 032, as a Landmark under Article 10 of the Planning Code.

The Board APPROVED ON FIRST READING the Ordinance amending the Administrative Code to establish, and to set rules governing the appointment of the Director and the qualifications and duties of employees of the Office of Sexual Harassment and Assault Response and Prevention (Office) as a City department under the direction and oversight of the Human Rights Commission. Supervisor Brown requested to be added as a co-sponsor.

The Board approved Modification No. 6 to Airport Contract No. 10511.41, Program Management Support Services for the Airport Security Infrastructure Program, between Faith Group, LLC, and the City and County of San Francisco, acting by and through its Airport Commission, for a total amount not to exceed $13,741,320 for services, pursuant to Charter, Section 9.118(b), extending the term by one year and five months from August 16, 2018, through December 31, 2019.

The Board approved Modification No. 4 to Airport Contract 10071.41, Project Management Support Services for the Terminal 3 West Modernization Project, between WCME JV, and the City and County of San Francisco, acting by and through its Airport Commission, for a total amount not to exceed $14,000,000 for services, extending the term by seven months, for a total term of April 4, 2017, through April 4, 2019, pursuant to Charter, Section 9.118(b).

The Board approved a resolution authorizing designated City and County officials to execute and file on behalf of the City and County of San Francisco any actions necessary for the purpose of obtaining State and Federal financial assistance under various grant programs, including: the Federal Fiscal Year 2018 Urban Areas Security Initiative Grant, the Federal Fiscal Year 2018 State Homeland Security Grant Program, the 2018 Emergency Management Performance Grant, and the 2018 Local Government Oil Spill Contingency Plan Grant Program.

The Board APPROVED the Motion ordering an Initiative Ordinance submitted to the voters at an election to be held on November 6, 2018, an Ordinance amending the Business and Tax Regulations Code and Administrative Code to allocate a portion of hotel tax revenues for arts and cultural purposes and remove obsolete provisions; and affirming the Planning Department’s determination under the California Environmental Quality Act. Supervisors Mandelman, Brown, Yee and Cohen requested to be added as co-sponsors. Privilege of the floor was granted unanimously to Ben Rosenfield, Controller (Office of the City Controller), who responded to questions raised throughout the discussion.

The Board voted to TABLE the Motion ordering an Ordinance amending the Business and Tax Regulations Code to add a new gross receipts tax category for transportation network company services, private transit vehicle services, and autonomous vehicle passenger services; revise the application of the gross receipts tax for persons engaged in multiple business activities; expand the activities that subject a person to certain business taxes by including persons with more than $500,000 in annual gross receipts in the City; and increasing the City’s appropriations limit each year by the increase in the amount of those business taxes collected compared to the prior year for four years from November 6, 2018. Supervisor Mandelman requested to be added as a co-sponsor.

The Board PASSED ON FIRST READING the Ordinance amending the Planning Code to allow limited nonconforming uses in specified zoning districts to operate between the hours of 10:00 p.m. and 12:00 a.m. with Conditional Use authorization.

The Board ADOPTED a Resolution determining that the premise-to-premise transfer of a Type-48 on-sale general public premises liquor license for Zechsan Business Development, Inc., doing business as Executive Order, located at 868 Mission Street (District 6), will serve the public convenience or necessity of the City and County of San Francisco, in accordance with California Business and Professions Code, Section 23958.4; and requesting that the California Department of Alcoholic Beverage Control impose conditions on the issuance of the license.

The Board APPROVED a Motion verifying that CBTW Inc., doing business as La Puesta del Sol Cantina, located at 3414 Judah Street, has completed the preapplication meeting requirement under California Business and Professions Code, Section 23826.13, for the issuance of a new, non-transferable, Type-87 neighborhood-restricted special on-sale general liquor license.

The Board PASSED ON FIRST READING an Ordinance amending the Administrative Code to require disclosure of candidate and third-party spending in Retirement Board, Health Service Board and Retiree Health Care Trust Fund Board elections; set late filing fees and penalties for violations; and specify that the Ethics Commission will enforce the related disclosure requirements.

The Board PASSED ON FIRST READING an Ordinance amending the Administrative Code to require the Department Building Inspection, Public Works, Fire Department, Mayor’s Office on Disability, and Planning Department to prioritize the processing of 100% affordable housing projects as each department’s or office’s highest priority; to require those departments to identify a staff person responsible for 100% affordable housing projects; and to require the Mayor’s Office of Housing and Community Development to provide the Board of Supervisors and the Mayor with quarterly reports about the status of pending 100% affordable housing projects.

The Board APPROVED a Motion reappointing Steven Lee, term ending July 1, 2022, to the Entertainment Commission.

The Board APPROVED Motions approving President of the Board of Supervisors Malia Cohen's nomination for the reappointment of Dennis Richards and Kathrin Moore to the Planning Commission, for a four-year term ending July 1, 2022.

The Board APPROVED Motions approving the Mayoral nomination for the reappointment of Rodney Fong and Milicent Johnson to the Planning Commission, for a four-year term ending June 30, 2022.

The Board APPROVED a Motion appointing Yohana Quiroz (residency requirement waived) and Sandee Blechman, terms ending May 1, 2020, to the Office of Early Care and Education Citizens' Advisory Committee.

The Board APPROVED a Motion appointing George Ishikata and Margo Ellis (residency requirement waived), for the unexpired portion of a four-year term ending January 31, 2021, and Deborah Dacumos and Matthew Brauer, for the unexpired portion of a four-year term ending January 31, 2022, to the Veterans Affairs Commission.

President Cohen introduced, welcomed, and presented a Certificate of Honor to Anne Kronenberg, Director of the Department of Emergency Management, on the occasion of her retirement from the City and County of San Francisco, and in recognition of her more than 40 years in public service. Supervisors Ronen, Tang, Mandelman, Fewer, Peskin, Yee, Stefani and Brown shared in this commendation.

Supervisor Tang introduced, welcomed, and presented Certificates of Honor to Sue Muzzin, Vice President of Public Relations; Kathy Paver, Senior Vice President of Marketing; Shari Annes, Funds for a Sustainable Tomorrow; and George Jacobs, President/CEO of Aquarium by the Bay, accepted on behalf of Pier 39, in recognition of their proactive work and implementation of the “Skip the Straw” campaign.

The Board opened a public hearing regarding a Community Plan Evaluation for the proposed project at 429 Beale Street and 430 Main Street. However, the appeal was withdrawn by the appellant, and the President declared the hearing closed and filed. The determination by the Planning Department, that the proposed project at 429 Beale Street and 430 Main Street is exempt from further environmental review under a Community Plan Evaluation was affirmed. All other motions regarding the subject were tabled

The Board approved multiple lease amendments. A lease amendment with Bay Area Restaurant Group, JV, was approved to extend the term for five years with no change to the minimum annual guarantee. A lease amendment with D-Lew Enterprises, LLC, was approved to extend the term for five years with no change to the minimum annual guarantee. A lease amendment with InMotion Entertainment Group, LLC, was approved to extend the term for two years with no change to the minimum annual guarantee. A lease amendment with Gotham Enterprises, LLC, was approved to extend the term for three years with no change to the minimum annual guarantee. A lease amendment with Bay Area Restaurant Group Joint Venture was retroactively approved, extending the term by two years and six months, with no change to the minimum annual guarantee. Lastly, a lease amendment with Lady Luck, LLC, was retroactively approved, extending the term by one year and eight months, with no change to the minimum annual guarantee.

The Board approved a resolution authorizing the First Amendment to Lease L-13550 between Boudin Properties, Inc., located at 160 Jefferson Street, and the City and County of San Francisco to provide for two extension options of ten years each.

The Board approved the resolution to execute Amendment No. 5 with URS Corporation.

The Board approved a resolution declaring the intent of the City and County of San Francisco to issue residential mortgage revenue bonds for 691 China Basin Street (Mission Bay South Block 6 West) - Not to Exceed $80,000,000

The Board approved an ordinance amending the Business and Tax Regulations Code to impose an additional gross receipts tax on gross receipts from cannabis business activities but exempting some groups.

The Board PASSED ON FIRST READING an Ordinance amending the Planning Code by abolishing a nine-foot legislated setback on the west side of 19th Avenue between Quintara Street and Rivera Street, and revising the Zoning Map to rezone from RH-1 (Residential, House; One-Family) to RM-2 (Residential, Mixed; Moderate Density) Assessor’s Parcel Block No. 2198, Lot No. 031 (1021 Quintara Street), and to rezone from RH-2 (Residential, House; Two-Family) to RM-2 (Residential, Mixed; Moderate Density) Assessor’s Parcel Block No. 2198, Lot No. 001 (located at the intersection of 19th Avenue and Quintara Street), Lot No. 033 (2121-19th Avenue), Lot No. 034 (2145-19th Avenue), and Lot No. 037 (2115-19th Avenue).

The Board PASSED ON FIRST READING, and then rescinded, the Ordinance amending the Planning Code to allow payment of an in-lieu fee for an ADU’s street tree requirement and ultimately PASSED ON FIRST READING.

Members of the public shared concerns regarding the availability of affordable housing, the renaming of Harvey Milk International Airport, the Public Library and the implementation of Radio Frequency Identification, racism and the murder of Nia Wilson, experience in the Fresh Start Program, concerns regarding the implementation of the flavored tobacco prohibition, police reform and global climate changes, violence in shelters and a lack of oversight, flavored tobacco and vaping, and various mental illness experiences.

The Board voted to CONTINUE consideration of the resolution supporting California State Proposition 10, The Affordable Housing Act, on the November 6, 2018, ballot; and reaffirming the City and County of San Francisco’s support for repeal of the Costa-Hawkins Rental Housing Act, to the Board of Supervisors meeting of September 4, 2018. Supervisors Mandelman, Ronen, Kim and Brown requested to be added as co-sponsors.

The Board authorized preparation of written Proponent ballot arguments and rebuttal ballot arguments for submittal to the voters at the November 6, 2018, Consolidated Statewide General Election.

A list of newly introduced ordinances and resolutions were introduced, covering various topics like campaign conduct, zoning, property tax, cannabis oversight, sidewalk width, labor peace agreements, alcoholic beverages, health, police, and early care.