Imperium

San Francisco County

Meeting on Housing, Zoning, and Project Approvals

The San Francisco Board of Supervisors meeting on September 12, 2017, covered a range of topics, including housing, zoning, project approvals, and budget-related matters. The Board approved several resolutions related to settlements of lawsuits, as well as approving annual reports from the Tourism Improvement District and Moscone Expansion District. A key item was the discussion on the closing of skilled nursing and sub-acute units at St. Luke's Hospital, with the Board convening as a Committee of the Whole to hear from various stakeholders and the public. There were ordinances introduced regarding Chinatown businesses, traffic permits, and street trees and several motions tabled and some hearings were continued.

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Remarks

The Clerk informed the Board about technical difficulties with the SFGovTV livestream and provided an alternative YouTube link for public viewing.

Angela Calvillo, the Clerk of the Board, notified the Supervisors that SFGovTV was experiencing technical issues with the livestream of the meeting. She directed the public to view the meeting on YouTube via youtube.com/sfgtv.

Remarks

Mayor Lee addressed the Board on climate change initiatives in San Francisco.

Mayor Edwin Lee spoke to the Board about climate change and the efforts being made by the City and County of San Francisco to mitigate its effects. Following the Mayor's address, the Board heard public comments. No further action was taken, and the matter was filed.

Consent Agenda

The Board considered and passed on first reading several ordinances authorizing settlements of lawsuits against the City and County of San Francisco.

The consent agenda included several items related to settlements of lawsuits. These included: * An ordinance authorizing a $30,000 settlement for Alfred Fred Pittman's lawsuit alleging civil rights violations. * An ordinance authorizing a $75,000 settlement for Zhen Qiang Zhang's lawsuit, an employment dispute. * An ordinance authorizing a $75,000 settlement for Stuart Kohler's lawsuit alleging civil rights violations. * An ordinance authorizing a $120,000 settlement for Bernard Sandoval's lawsuit, an employment dispute. All of the ordinances passed their first reading.

Consent Agenda

The Board adopted a resolution approving a settlement for an unlitigated claim filed by DiamondRock Hospitality, L.P. for an overpayment of real property transfer tax.

Resolution No. 339-17 approved the settlement of an unlitigated claim filed by DiamondRock Hospitality, L.P., against the City and County of San Francisco for $245,000. The claim stemmed from an alleged overpayment of real property transfer tax related to the purchase of the Hotel Rex in November 2012.

Unfinished Business

The Board amended and passed on first reading an ordinance revising the Inclusionary Affordable Housing Fee and other requirements.

Supervisor Safai, seconded by Supervisor Kim, moved to amend Ordinance 170834, concerning inclusionary affordable housing. The amendment included removing minimum dwelling unit mix requirements, amending requirement language for projects of 25+ units under Section 415.3(d), adding Inclusionary Housing requirements to the Transbay C-3 Special Use District in Section 249.28, and making clarifying changes. The motion to amend carried. Supervisor Kim then withdrew another motion to amend with unanimous consent of the Board. The ordinance, as amended, was then passed on first reading.

Unfinished Business

The Board tabled a resolution regarding a real property lease at 170-9th Street for the Department of Homelessness and Supportive Housing.

Resolution 170759, concerning a lease at 170-9th Street for the Department of Homelessness and Supportive Housing, was moved to be tabled by Supervisor Kim, seconded by Supervisor Peskin. The motion carried.

Unfinished Business

The Board finally passed an ordinance amending sidewalk width regulations along Masonic Avenue.

Ordinance No. 188-17, amending Ordinance No. 1061 to reduce sidewalk widths at certain locations along Masonic Avenue, was finally passed.

Unfinished Business

The Board finally passed an ordinance amending the Planning Code regarding Child Care Facilities.

Ordinance No. 189-17, amending the Planning Code to allow residential uses and Child Care Facility uses to share required open space and other changes related to child care facilities, was finally passed.

Unfinished Business

The Board re-referred an ordinance amending the Public Works and Administrative Codes related to street encroachment permits to the Land Use and Transportation Committee.

Ordinance 170761, sponsored by the Mayor, amending the Public Works Code and Administrative Code regarding street encroachment permits, was re-referred to the Land Use and Transportation Committee.

New Business

The Board adopted resolutions receiving and approving annual reports for the Tourism Improvement District and the Moscone Expansion District.

Resolution No. 336-17 was adopted, receiving and approving annual reports for the Tourism Improvement District for FYs 2009-2016. Resolution No. 337-17 was adopted, receiving and approving annual reports for the Moscone Expansion District for FYs 2014-2015 and 2015-2016.

New Business

The Board adopted a resolution responding to the Civil Grand Jury Report on accelerating SF Government Performance.

Resolution No. 338-17 was adopted, responding to the 2016-2017 Civil Grand Jury Report titled "Accelerating SF Government Performance - Taking Accountability and Transparency to the Next Level."

New Business

The Board adopted a resolution urging the Retirement Board to renew its commitment to divest from fossil fuel companies.

Resolution No. 335-17 was adopted, urging the Retirement Board of the Employees’ Retirement System to renew its commitment to divest from publicly-traded fossil fuel companies.

Remarks

The Board presented Certificates of Honor to Captain John Jaimerena and Sergeant Carla Hurley for their accomplishments.

The Board suspended Rule 5.36 to grant privilege of the floor to guests. Supervisor Farrell presented a Certificate of Honor to Captain John Jaimerena of the Northern Police Station for his work during a rally at Crissy Field. Supervisor Ronen presented a Certificate of Honor to Sergeant Carla Hurley of the Bay View District Station for solving a recent crime in District 9.

Hearing

The Board heard and filed an appeal of a Community Plan Evaluation for a project at 1850 Bryant Street.

The Board opened a public hearing on File No. 170804, an appeal of a Community Plan Evaluation for the proposed project at 1850 Bryant Street. William Fleishhacker, the project sponsor, spoke on the project and appeal. The public hearing was closed and the matter heard and filed.

Hearing

The Board approved a motion affirming the Community Plan Evaluation for the project at 1850 Bryant Street.

Motion No. M17-128, affirming the Planning Department's determination that the project at 1850 Bryant Street is exempt from further environmental review under a Community Plan Evaluation, was approved.

Hearing

The Board tabled motions conditionally reversing the Community Plan Evaluation and directing the Clerk to prepare findings to reverse the Community Plan Evaluation for the project at 1850 Bryant Street.

Motions 170806 and 170807, which were a motion to conditionally reverse the determination of a Community Plan Evaluation and a motion directing the Clerk to prepare findings to reverse a Community Plan Evaluation, respectively, were tabled

Hearing

The Board continued a hearing and related motions regarding an appeal of a Final Environmental Impact Report Certification for the project at 1500-1540 Market Street to September 26, 2017.

The Board continued the hearing for file No. 170812 which was an appeal for a Final Environmental Impact Report for the proposed project at 1500-1540 Market Street. In accordance with the Board decision, motions 170813, 170814 and 170815 were also continued to the September 26th board meeting

Hearing

The Board did not pass on first reading ordinances amending the General Plan and Zoning Map for the One Oak Street project.

The Board voted against passing on first reading both ordinance file no. 170750 which would have amended the General Plan for the One Oak Street project and Ordinance file no. 170751 which would have amended the Planning Code and Zoning Map for the same One Oak Street project.

Hearing

The Board heard and filed an appeal of a Mitigated Negative Declaration for a project at 3516 and 3526 Folsom Street, ultimately approving a motion to conditionally reverse the approval of the declaration and directing the preparation of findings to reverse the approval.

The board heard an appeal for file no. 170851 which was an appeal of a Mitigated Negative Declaration for the proposed project at 3516 and 3526 Folsom Street. After closing public comment the board moved that this matter be heard and filed. The board then tabled Motion 170852 which would have affirmed the Planning Commission's decision but did approve Motion 170853 conditionally reversing it, with a follow on Motion 170854 directing the clerk to prepare findings for reversal.

Hearing

The Board heard and filed an appeal of a determination of exemption from environmental review for a project at 43 Everson Street after the Planning Department withdrew the determination.

The board heard and filed appeal no. 170855 after the Planning Department withdrew its initial determination of exemption from environmental review for the project at 43 Everson Street. Related Motions 170856, 170857, and 170858 were subsequently tabled.

Hearing

The Board heard and filed an appeal of a determination of exemption from environmental review for a project at 302 Greenwich Street/1531 Montgomery Street, ultimately affirming the exemption determination.

The board heard and filed appeal no. 170907 which involved a proposed project at 302 Greenwich Street/1531 Montgomery Street. The board voted to hear and file this matter before approving motion no. 170908 affirming the exemption. The remaining motions related to this matter were subsequently tabled.

Committee of the Whole

The Board, sitting as a Committee of the Whole, discussed the closing of skilled nursing and sub-acute units at St. Luke's Hospital.

The Board convened as a Committee of the Whole to discuss the closure of skilled nursing and sub-acute units at St. Luke's Hospital. Representatives from the Department of Public Health, the Office of Economic and Workforce Development, and other stakeholders provided an overview of the issue. The public made comments expressing various concerns regarding the closure. Supervisor Safai submitted proposals on actions the Board should take in future hearings. The Committee adjourned, and the Board reconvened as the Board of Supervisors.

Committee Reports

The Board adopted a resolution authorizing the execution and delivery of a multifamily housing revenue note for the "455 Fell Street Apartments" project.

Resolution No. 340-17 was adopted, authorizing the execution and delivery of a multifamily housing revenue note not to exceed $43,000,000 for the purpose of financing the acquisition and construction of the "455 Fell Street Apartments" project.

Committee Reports

The Board finally passed an amended urgency ordinance approving an interim zoning moratorium on medical cannabis dispensaries for 45 days.

The Board finally passed ordinance 170865 with amendments. Farrell and Sheehy voted against final passage.

Public Testimony

Members of the public provided comment on various topics, including religious matters, the Public Library, hospitals, and MUNI.

Several members of the public spoke on a range of issues, including religious concerns, issues related to the Public Library, hospital-related matters, and experiences with MUNI.

For Adoption Without Committee Reference

The Board adopted a resolution extending the time for Planning Commission review of the Fulton Street Grocery Store Special Use District.

Resolution No. 341-17 was adopted, approving a 90-day extension for Planning Commission review of File No. 170514 related to the Fulton Street Grocery Store Special Use District.

For Adoption Without Committee Reference

The Board adopted a resolution commending Kim Shuck as San Francisco’s seventh poet laureate.

Resolution No. 343-17 was adopted, commending Kim Shuck on her appointment as San Francisco’s seventh poet laureate and celebrating her inaugural address.

For Adoption Without Committee Reference

The Board approved several final maps for condominium and parcel merger projects.

The Board approved Final Map 8496 for a six residential unit condominium project at 3124-3128A Laguna Street, Final Map 8992 for a parcel merger project at 1400 Baker Street, and Final Map 8589 for a mixed-use condominium project at 99 Rausch Street.

For Adoption Without Committee Reference

The Board adopted an amended resolution condemning the rescission of the DACA Program and expressing support for all immigrants.

File 170949, Resolution Defend DACA and all Immigrants, was split from the For Adoption Without Committee Reference Agenda to be reviewed separately. Ultimately the Board voted to pass an amended resolution, 342-17.

Legislation Introduced

Mayor and Cohen introduced an Ordinance approving the sale of Parcel K North and waiving certain provisions of the Administrative Code.

Ordinance 170983 related to property sales on Parcel K North was introduced by Cohen and the Mayor. It has been assigned to the Land Use and Transportation Committee.

Legislation Introduced

Peskin introduced an ordinance appropriating funds for grants to Chinatown businesses affected by delays in the Central Subway Project.

Ordinance 170984 was introduced by Peskin and assigned to the Budget and Finance Committee.

Legislation Introduced

Peskin introduced an ordinance amending the Police Code related to noise permits for construction at night.

Ordinance 170869 which limits ability to issue special permits was introduced by Peskin and assigned to the Land Use and Transportation Committee.

Legislation Introduced

Sheehy introduced an ordinance amending the Public Works and Subdivision Codes regarding City maintenance of street trees.

Ordinance 170985 which looks at implementing previous Charter Sections was introduced by Sheehy and has been assigned to the Land Use and Transportation Committee.

Legislation Introduced

Mayor and Cohen introduced a resolution approving a Disposition and Development Agreement for the Pier 70 Project.

Resolution 170986 to approve a disposition and development agreement between the Port and FC Pier 70, LLC was introduced by the Mayor and Cohen and has been assigned to the Budget and Finance Committee.

Legislation Introduced

Mayor and Cohen introduced a resolution approving a Public Trust Exchange Agreement with the California State Lands Commission for the Pier 70 Project.

Resolution 170987 to approve a public trust exchange agreement between the City and the California State Lands Commission was introduced by the Mayor and Cohen and has been assigned to the Land Use and Transportation Committee.

Legislation Introduced

Mayor and Cohen introduced a resolution approving a Memorandum of Understanding regarding interagency cooperation for the Pier 70 Project.

Resolution 170988 was introduced by the Mayor and Cohen and assigned to the Budget and Finance Committee.

Legislation Introduced

Cohen introduced a resolution approving a jurisdictional transfer of City property at 2245 Jerrold Avenue to the Fire Department.

Resolution 170989 for a jurisdictional transfer was introduced by Cohen and assigned to the Land Use and Transportation Committee.

Legislation Introduced

Farrell introduced a resolution extending the time for Planning Commission review of the Geary- Masonic Special Use District.

Resolution 170990, a time extension was introduced by Farrell and referred for the Adoption Without Committee Reference Agenda at the next board meeting.

Legislation Introduced

Fewer introduced a resolution declaring September 22, 2017, as Comfort Women Day in San Francisco.

Resolution 170991 to mark Comfort Women Day was introduced by Fewer, Kim, Ronen and Yee and referred for Adoption Without Committee Reference Agenda at the next board meeting.

Legislation Introduced

Kim introduced a resolution receiving and approving the bi-annual Housing Balance Report.

Resolution 170992 was introduced by Kim and assigned to Land Use and Transportation Committee.

Legislation Introduced

Peskin introduced a resolution receiving and approving the annual report for the Lower Polk Community Benefit District.

Resolution 170993 was introduced by Peskin and assigned to Government Audit and Oversight Committee.

Legislation Introduced

Peskin introduced a resolution approving an amendment to the Revenue Agreement with JC Decaux San Francisco, Inc.

Resolution 170994 amending the agreement with JC Decaux was introduced by Peskin and assigned to the Budget and Finance Committee.

Legislation Introduced

Peskin introduced a resolution adding the commemorative street name "Tony Bennett Way" to the 900 block of Mason Street.

Resolution 170995 which recognizes legendary singer Tony Bennet was introduced by Peskin and assigned to the Land Use and Transportation Committee.

Legislation Introduced

Peskin introduced a resolution urging the U.S. Navy to name a ship in honor of Joseph Rosenthal.

Resolution 170996 to honor Joseph Rosenthal was introduced by Peskin and referred for the Adoption Without Committee Reference Agenda at the next board meeting.

Legislation Introduced

Ronen introduced a resolution declaring the intent to reimburse certain expenditures from proceeds of future bonded indebtedness for housing projects.

Resolution 170997 was introduced by Ronen and assigned to the Budget and Finance Committee.

Legislation Introduced

Peskin introduced a motion directing the Clerk to issue a subpoena duces tecum to Derrick Roorda.

Motion 170998 was introduced by Peskin and referred for the Adoption Without Committee Reference Agenda at the next board meeting.

Legislation Introduced

Peskin introduced a motion for a closed session regarding labor negotiations.

Motion 170999 was introduced by Peskin and referred for the Adoption Without Committee Reference Agenda at the next board meeting.

Legislation Introduced

An unsponsored motion was introduced adopting findings reversing the Final Environmental Impact Report Certification for the Alameda Creek Recapture Project.

Motion 171000, without a listed sponsor, was referred for the Adoption Without Committee Reference Agenda at the next board meeting.

Request for Hearing

Peskin requested a hearing on the SFMTA's use of On-board Diagnostics for Muni emissions control.

Peskin requested hearing 171001 which has been assigned to the Land Use and Transportation Committee.