Imperium

San Francisco County

Meeting on Affordable Housing, Balboa Reservoir Project, and Anti-Racism

The San Francisco Board of Supervisors met on August 11, 2020, via videoconference to address a wide range of issues. Key agenda items included the approval of settlements for various lawsuits, the final passage of ordinances related to planning code amendments and food purchasing standards, and the declaration of anti-Black racism as a human rights and public health crisis. The Board also discussed and took action on several items related to the Balboa Reservoir Project, including a Final Environmental Impact Report and development agreements. Additionally, they considered legislation regarding affordable housing, educator housing, and zoning changes.

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Consent Agenda

Approval of lawsuit settlements concerning personal injury, civil rights violations, and property damage.

The Board considered and passed on first reading ordinances authorizing settlements for various lawsuits. These included settlements for personal injury cases like David Timothy Rudolf ($120,000), Jonathan Garcia Valle ($850,000), Anthony Economus ($275,000), Oliver and Sofia Barcenas ($180,000), Erin Sheeran ($97,500), and Christian Miller ($750,000). A settlement was also approved regarding a challenge to the SFPD's procedures for producing incident reports in domestic violence cases for $49,000. Further, the board approved a settlement where the city would receive $1,200,000 from the San Francisco Museum of Modern Art and Yerba Buena Arts & Events due to damage to the Crescent Pool. A settlement for Rashad Abdullah for alleged civil rights violations was also approved for $150,000. Also approved was Christopher Kurrle settlement for bicycle collision for $50,000. The board also approved resolutions settling unlitigated claims from Chez Maman West ($36,664.99 for sewer flooding), Francisco Rivero ($39,700 for property damage), GSW Arena LLC ($440,318 for a stadium operator admission tax refund), and San Francisco Fire Fighters Local 798 ($68,420.98 for a compensation dispute).

Consent Agenda

Final passage of ordinances related to planning code amendments for office uses and parking lots in the Mission District.

Two ordinances related to planning code in the Mission District were finally passed. The first ordinance prohibited most new office uses in the Mission Area Plan portion of the Urban Mixed Use District, except for certain professional services that are client-oriented on the ground floor. The second allowed for the continuation of a nonconforming parking lot on the site of a City landmark in the Mission Street Neighborhood Commercial Transit District. Both were found consistent with the General Plan and priority policies.

Consent Agenda

Final passage of an ordinance amending the Administrative Code to include food purchasing standards for the Department of Public Health and Sheriff's Department.

An ordinance amending the Administrative Code to introduce standards and goals for food purchasing by the Department of Public Health and Sheriff's Department in hospitals and jails was finally passed. The ordinance aimed to improve food quality and promote healthy eating within these institutions.

Consent Agenda

Postponement of a decision regarding a lawsuit settlement with Hastings College of the Law.

The Board considered an ordinance authorizing a settlement of $0 with Hastings College of the Law along with a stipulated injunction related to alleged civil rights violations. After discussion with Sophia Kittler (Mayor's Office), Anne Pearson (Office of the City Attorney), and Abigail Stewart-Kahn (Department of Homelessness and Supportive Housing), the Board voted to continue the ordinance on first reading to a Closed Session on August 18, 2020.

Unfinished Business

Final passage of an ordinance amending the Public Works and Police Codes to increase penalties for illegal dumping.

The Board considered an ordinance amending the Public Works and Police Codes to authorize the Public Works Director to impose administrative penalties and fines for illegal dumping. The ordinance also expanded the definition of illegal dumping and clarified that each act of illegal dumping is a separate violation. The ordinance was finally passed.

New Business

Support for funding a COVID-19 Rent Resolution and Relief Fund and a Social Housing Program Fund.

The Board adopted a resolution supporting housing stability by indicating their intent to appropriate revenue generated by a November 2020 transfer tax ballot measure to a COVID-19 Rent Resolution and Relief Fund and a Social Housing Program Fund. Supervisors Ronen and Haney requested to be added as co-sponsors.

New Business

Approval of a maintenance agreement with Caltrans for transportation art at the Van Ness Avenue and Geary Street station.

The Board adopted a resolution approving a maintenance agreement between the City and Caltrans for the City's maintenance of artwork at the Van Ness Avenue and Geary Street station, specifically on the north and south boarding platforms between Geary and O’Farrell Streets. The resolution also included the City's indemnification of Caltrans for any claims arising from the agreement.

New Business

Initial approval of planning code amendments to streamline the development of 100% affordable housing and educator housing projects.

The board considered an ordinance amending the Planning Code to allow extra height for 100% Affordable Housing and Educator Housing projects, and allow them to be constructed on larger parcels or surface parking lots without demolishing existing buildings. This ordinance requires a two-thirds vote for passage. The ordinance passed on first reading.

New Business

Initial approval of planning code amendments to expedite the conditional use review process and reduce application fees for certain uses of commercial space.

An ordinance amending the Planning Code to expedite the Conditional Use authorization review and approval process and reduce the application fee for certain uses of commercial space was passed on first reading. Supervisors Walton, Yee, and Safai requested to be added as co-sponsors.

New Business

Initial approval of planning code amendments to allow temporary uses like arts activities, social services, and COVID-19 recovery activities in vacant commercial spaces.

An ordinance amending the Planning Code to allow Arts Activities, and Social Service or Philanthropic Facilities, and COVID-19 Recovery Activities as a temporary use in vacant ground-floor commercial space was passed on first reading. Supervisors Mandelman and Safai requested to be added as co-sponsors. There was a brief technical difficulty in the vote tallying where Supervisor Safai was offline, but the vote was rescinded, and re-voted with unanimous approval.

New Business

Approval of the bi-annual Housing Balance Report No. 10.

The Board adopted a resolution receiving and approving the bi-annual Housing Balance Report No. 10, dated April 1, 2020, as required by the Planning Code. There was a brief technical difficulty in the vote tallying where Supervisor Safai was offline, but the vote was rescinded, and re-voted with unanimous approval.

New Business

Approval of a liquor license issuance for the Four Seasons Private Residences.

The Board adopted a resolution determining that the issuance of a Type-57 special on-sale general beer, wine, and distilled spirits liquor license to the 706 Mission Residences Owners Association, doing business as the Four Seasons Private Residences, would serve the public convenience and necessity.

New Business

Declaration of anti-Black racism as a human rights and public health crisis.

The Board adopted a resolution declaring anti-Black racism as a human rights and public health crisis in San Francisco. The resolution also requested City departments and agencies to prioritize racial equity and advocated for anti-racist policies. Supervisor Yee requested to be added as a co-sponsor.

Hearing

Appeal withdrawn for a determination of exemption from environmental review for a project at 1531-1581 Howard Street and 118-134 Kissling Street.

The Board held a hearing for an appeal of a determination of exemption from environmental review for a project at 1531-1581 Howard Street and 118-134 Kissling Street. The appellant withdrew their appeal. The public hearing was closed and filed. Related motions to affirm or reverse the Planning Department's determination were addressed, with a motion to affirm the Planning Department's determination being approved, and motions to reverse the determination being tabled.

Hearing

Continuation of an appeal hearing regarding a Revised Final Mitigated Negative Declaration for the 3516 and 3526 Folsom Street Project.

The Board held a hearing for an appeal of a Revised Final Mitigated Negative Declaration for the 3516 and 3526 Folsom Street Project. Supervisor Ronen made a motion to continue the appeal hearing and related motions to the Board of Supervisors meeting on September 1, 2020. The motion carried, and public comment was taken on the proposed continuance. Supervisor Safai was excused from voting due to a potential conflict of interest.

Hearing

Affirmation of the Final Environmental Impact Report certification for the Balboa Reservoir Project.

The Board held a hearing regarding the certification of a Final Environmental Impact Report for the proposed Balboa Reservoir Project, related to the construction of up to approximately 1,800,000 gross square feet of uses, including residential space, community space, retail, and parking. Public comment was extensive, with speakers both supporting and opposing the appeal. Ultimately, the Board approved a motion affirming the Planning Commission's certification of the Final Environmental Impact Report. Motions to conditionally reverse the certification and to prepare findings to reverse the certification were tabled.

New Business

Initial Approval of Ordinance amending the General Plan to revise the Balboa Park Station Area Plan, Recreation and Open Space Element, and Land Use Index to reflect the Balboa Reservoir Project.

The Board passed on first reading an ordinance amending the General Plan to revise the Balboa Park Station Area Plan, the Recreation and Open Space Element, and the Land Use Index to reflect the Balboa Reservoir Project; amending the Housing Element in regard to the design of housing for families with children.

New Business

Initial Approval of Ordinance amending the Planning Code and Zoning Map to create the Balboa Reservoir Special Use District.

The Board amended and passed on first reading an ordinance amending the Planning Code and Zoning Map to create the Balboa Reservoir Special Use District. This amendment included reducing the maximum allowed height of Block G, amending exemptions for rooftop features, and adding guidelines for elevator penthouse locations. Key points included a maximum height reduction for Block G and specific limitations on rooftop elements to ensure minimal visibility and aesthetic integration.

New Business

Initial Approval of Ordinance approving a Development Agreement between the City and Reservoir Community Partners, LLC, for the Balboa Reservoir Project.

The Board amended and passed on first reading an ordinance approving a Development Agreement between the City and Reservoir Community Partners, LLC, for the Balboa Reservoir Project. The key amendments incorporated developer commitments to City College; ensured the deeding back of affordable housing parcels to the City; extended affordability agreement for the Affordable Educator Housing parcel; refined average median income levels; broadened neighborhood preference; prevented developer delay; included a City repurchase option; prevented retail use under the agreement; set child care center's rent at $1; ensured equitable management of open space; clarified construction coordination; included mention of City transit investment; and updated the TDM Plan. Key public benefits include 50% affordable housing and approximately four acres of publicly accessible parks and open space.

New Business

Approval of Resolution authorizing the execution of an Agreement for Sale of Real Estate for the conveyance by the City, acting through the San Francisco Public Utilities Commission to Reservoir Community Partners, LLC of approximately 16.4 acres of real property for $11,400,000 for Balboa Reservoir project.

The Board approved the sale of real estate for the conveyance by the City to Reservoir Community Partners, LLC, of approximately 16.4 acres of real property for $11,400,000 for the Balboa Reservoir Project. All supervisors voted in favor except Supervisor Mar.

New Business

Initial approval of planning code amendments to require that at least 10% of residential units have three or more bedrooms in Educator Housing projects.

The Board passed on first reading an ordinance amending the Planning Code to require that in Educator Housing projects at least 10% of residential units have three or more bedrooms. This amendment aims to address the housing needs of families with children.

Legislation Introduced

Introduction of an ordinance to rezone certain industrial parcels.

The Planning Department introduced an ordinance amending the Planning Code and Zoning Map to rezone certain parcels in Industrial Use Districts to Production, Distribution, and Repair and other Use Districts. The ordinance was assigned to the Land Use and Transportation Committee.

Legislation Introduced

Introduction of multiple ordinances authorizing settlements for various lawsuits.

The City Attorney introduced several ordinances authorizing settlements for lawsuits. These included settlements for Bradley Novak ($247,000 for an employment dispute), Verizon Wireless and AT&T Mobility (the City to receive $2,161,773 for alleged violations of the California False Claims Act), Dennis Caruso ($70,000 for an alleged injury from hitting a pothole), Thaïs Yafet ($110,000 for an alleged injury from tripping on a sidewalk), and various partial settlements related to inverse condemnation arising from flooding damage in 2014.

Legislation Introduced

Introduction of a resolution approving the Sheriff Office’s home detention and electronic monitoring program rules and regulations; and approving evidence of financial responsibility demonstrated by program administrator, Sentinel Offender Services, LLC, for FY2020-2021.

The Sheriff Department introduced a Resolution approving the Sheriff Office’s home detention and electronic monitoring program rules and regulations; and approving evidence of financial responsibility demonstrated by program administrator, Sentinel Offender Services, LLC, for FY2020-2021. Resolution was assigned to Budget and Finance Committee.

New Business

Approval of a resolution for applying for a grant from the California Department of Housing and Community Development for Homekey Grant of up to $45,000,000.

A resolution authorizing the Department of Homelessness and Supportive Housing to apply for Homekey grant funds in an amount not to exceed $45,000,000 from the California Department of Housing and Community Development on behalf of the City and County of San Francisco was ADOPTED.

New Business

Approval of a resolution to declare the month of August as Black Business Month, and to recognize the 17th Annual National Black Business Month beginning on August 1, 2020.

A resolution urging the City and County of San Francisco to declare the month of August as Black Business Month, and to recognize the 17th Annual National Black Business Month beginning on August 1, 2020 was ADOPTED.

New Business

Approval of scheduling a public hearing to consider amendments to the Redevelopment Plan for the Mission Bay South Redevelopment Project in regard to Block 1 (also known as the site of SOMA Hotel) at the intersection of Third Street and Channel Street for September 22, 2020, at 3:00 p.m..

A Motion scheduling the Board of Supervisors to sit as a Committee of the Whole on September 22, 2020, at 3:00 p.m., to hold a public hearing to consider amendments to the Redevelopment Plan for the Mission Bay South Redevelopment Project in regard to Block 1 (also known as the site of SOMA Hotel) at the intersection of Third Street and Channel Street was APPROVED.

New Business

Approval of Final Map No. 9216, a 180 residential unit and one commercial unit, mixed-use condominium project, located at 390 First Street.

A Motion approving Final Map No. 9216, a 180 residential unit and one commercial unit, mixed-use condominium project, located at 390 First Street, being a subdivision of Assessor’s Parcel Block No. 3749, Lot No. 058; and adopting findings pursuant to the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Public Works) was APPROVED

New Business

Approval of Final Map 9802, comprised of an 11 unit residential condominium project in each of lots 1 and 2, located at 25 and 37 Grace Street.

A Motion approving Final Map 9802, comprised of an 11 unit residential condominium project in each of lots 1 and 2, located at 25 and 37 Grace Street, being a merger and re-subdivision of Assessor’s Parcel Block No. 3509, Lot Nos. 024 through 026; and adopting findings pursuant to the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Public Works) was APPROVED.