Imperium

San Francisco County

Meeting on Affordable Housing, Cannabis Regulation, and Public Safety Measures

The San Francisco Board of Supervisors met to discuss and act on a variety of issues, including affordable housing, cannabis regulation, and public safety measures. The board amended and passed an ordinance regarding inclusionary affordable housing. Significant attention was given to cannabis regulation, with two new ordinances introduced to comprehensively regulate cannabis land uses and businesses. The board also addressed public safety by passing ordinances related to rental car disclosures and restrictions. Several resolutions were adopted, including those related to grant agreements, facility designations, lease agreements, and responses to a Civil Grand Jury report. During public comment, residents voiced concerns on various issues, including cannabis policies, development projects, and immigrant legal defense.

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Unfinished Business

The board discussed and amended an ordinance regarding inclusionary affordable housing fees and requirements.

The Board considered Ordinance 170834, sponsored by Supervisor Breed and others, regarding amendments to the Planning Code to revise the Inclusionary Affordable Housing Fee and On-Site and Off-Site Affordable Housing Alternatives and other Inclusionary Housing requirements. Supervisor Kim moved to amend the ordinance, which was seconded by Supervisor Safai. The amendment included changes to pages 5, 10, 11, and 12, adding and striking specific language related to affordable units and requirements by CDLAC and TCAC. The motion carried with all supervisors voting in favor. The ordinance was then passed on the first reading as amended, again with unanimous support.

Unfinished Business

The board finalized an ordinance setting the property tax rate and establishing a pass-through rate for residential tenants for FY2017-2018.

The Board considered Ordinance 170862, sponsored by the Mayor, which involved setting the property tax rate and establishing a pass-through rate for residential tenants for FY2017-2018. The ordinance levied property taxes at a combined rate of $1.1723 on each $100 valuation of taxable property and established a pass-through rate of $0.0890 per $100 of assessed value for residential tenants. The ordinance was recommended by the Budget and Finance Committee. It was finally passed with a unanimous vote, becoming Ordinance No. 195-17.

Recommendations of the Land Use and Transportation Committee

The board passed an ordinance amending the Planning Code regarding area controls in North Beach, Telegraph Hill, Broadway, and Chinatown.

The Board discussed Ordinance 170419, sponsored by Supervisor Peskin, which pertained to amending the Planning Code to support Legacy Businesses and impose additional requirements in the Broadway Neighborhood Commercial District (NCD) and North Beach Special Use District (SUD). The ordinance included provisions to prohibit certain uses, reduce lot size limits, modify requirements for parking garages, and reduce off-street parking spaces. The Planning Department's determination under the California Environmental Quality Act was affirmed, and findings of consistency with the General Plan and public convenience were made. The ordinance was finally passed with a unanimous vote, becoming Ordinance No. 196-17.

Recommendations of the Land Use and Transportation Committee

The board passed an ordinance extending the time for compliance with mandatory disability access improvements.

The Board considered Ordinance 170837, sponsored by Supervisor Tang, which amended Chapter 11D of the Building Code to extend the time for compliance with mandatory disability access improvements. This involved requirements for existing buildings with public accommodations to have accessible entries and paths of travel, or receive a determination of equivalent facilitation, technical infeasibility, or unreasonable hardship. The ordinance also directed the Clerk of the Board to forward the legislation to the California Building Standards Commission upon final passage. The ordinance was finally passed with a unanimous vote, becoming Ordinance No. 200-17.

Recommendations of the Public Safety and Neighborhood Services Committee

The board passed an ordinance requiring rental car companies to provide written disclosures about removing valuables and locking doors.

The Board discussed Ordinance 161065, sponsored by Supervisor Breed and others, which amended the Police Code to require rental car companies to provide written disclosures to customers advising them to remove valuables from rental vehicles and lock the doors. Supervisor Safai requested to be added as a co-sponsor. The ordinance was finally passed with a unanimous vote, becoming Ordinance No. 201-17.

Recommendations of the Public Safety and Neighborhood Services Committee

The board passed an ordinance restricting visible barcodes and advertising on rental cars to reduce burglaries.

The Board considered Ordinance 170421, sponsored by Supervisor Yee and others, which amended the Police Code to restrict visible barcodes and advertising on rental cars rented in the City or at San Francisco International Airport. The aim was to reduce burglaries. Supervisor Safai requested to be added as a co-sponsor. The ordinance was finally passed with a unanimous vote, becoming Ordinance No. 197-17.

Recommendations of the Public Safety and Neighborhood Services Committee

The board passed an ordinance modifying requirements for Surface-Mounted Facility Site Permits.

The Board considered Ordinance 170442, sponsored by Supervisor Cohen, which amended the Public Works Code to modify the exceptions to the Surface-Mounted Facility Site Permit requirement. It allowed permittees to pay an "in-lieu" fee instead of installing a street tree or permitting the installation of a mural. It also repealed requirements for landscaping and reasonable efforts to locate facilities on private property. Additionally, Public Works was required to submit a report to the Board of Supervisors every two years. The ordinance was finally passed with 9 supervisors in favor and 2 (Kim, Peskin) opposed, becoming Ordinance No. 198-17.

Recommendations of the Public Safety and Neighborhood Services Committee

The board continued an ordinance on first reading regarding the use of glass beverage containers in parks.

The Board discussed Ordinance 170556, sponsored by Supervisor Sheehy, which aimed to amend the Park Code to prohibit the use of glass beverage containers in all City parks, with certain exceptions. Supervisor Sheehy moved that this Ordinance be CONTINUED ON FIRST READING to the Board of Supervisors meeting of October 24, 2017, seconded by Supervisor Kim. The motion carried by unanimous vote.

Recommendation of the Rules Committee

The board passed an ordinance reducing the size and setting a sunset date for the Central Market Street and Tenderloin Area Citizen's Advisory Committee.

The Board considered Ordinance 170741, sponsored by Supervisor Kim, which amended the Business and Tax Regulations Code to reduce the size of the Central Market Street and Tenderloin Area Citizen's Advisory Committee from eleven seats to five, set a sunset date for the Committee, and prohibit the City Administrator from executing a Community Benefit Agreement subject to the Committee’s review until the Committee has had an opportunity to review the proposed agreement and make recommendations. The ordinance was finally passed with a unanimous vote, becoming Ordinance No. 199-17.

New Business

The board passed on first reading an ordinance waiving temporary street space occupancy fees for Small Business Week sidewalk sales.

The Board discussed Ordinance 170553, sponsored by Supervisor Fewer, which retroactively waived the fee required by Public Works Code, Section 724.1(b), for temporary street space occupancy permits on certain City streets on Saturday, May 20, 2017, as part of Small Business Week sidewalk sales. It was PASSED ON FIRST READING by unanimous vote.

New Business

The board adopted a resolution retroactively authorizing the Director of Health to execute a grant agreement for the Proposition 47 Grant Program.

The Board considered Resolution 170688, sponsored by the Mayor, which retroactively authorized the Director of Health to execute a grant agreement with the California Board of State and Community Corrections for participation in the Proposition 47 Grant Program for the period of June 16, 2017, through August 15, 2020. The resolution was ADOPTED by unanimous vote, becoming Resolution No. 361-17.

New Business

The board adopted a resolution designating McAuley Adolescent Behavioral Health Unit as an Evaluation and Treatment Facility.

The Board discussed Resolution 170736, designating McAuley Adolescent Behavioral Health Unit at Dignity Health-St. Mary’s Medical Center-San Francisco as an Evaluation and Treatment Facility for minors, pursuant to California Welfare and Institutions Code, Sections 5150, 5585.50, and 5585.55. The resolution authorized the Director of Behavioral Health Services at the Department of Public Health to enter into a Designation Agreement with said facility. The resolution was ADOPTED by unanimous vote, becoming Resolution No. 362-17.

New Business

The board adopted a resolution approving a lease agreement between IDEO, LP, and the Port for office space at Pier 26.

The Board considered Resolution 170831, sponsored by the Mayor, approving Lease No. L-16159 between IDEO, LP, and the Port for approximately 26,901 square feet of office space located at Pier 26 Annex Building. The lease term was for eight years, with an initial total monthly base rent of $90,118.35 subject to an annual 3% increase. The resolution was ADOPTED by unanimous vote, becoming Resolution No. 363-17.

New Business

The board adopted a resolution retroactively accepting and expending a grant from the National Endowment for the Arts for the Market Street Prototyping Festival.

The Board discussed Resolution 170947, sponsored by Supervisor Farrell, which retroactively authorized the Arts Commission to accept and expend a grant from the National Endowment for the Arts Our Town for the Market Street Prototyping Festival in the amount of $75,000 with a grant cycle from October 1, 2015, through September 30, 2017. The resolution was ADOPTED by unanimous vote, becoming Resolution No. 365-17.

Recommendation of the Government Audit and Oversight Committee

The board adopted an amended resolution responding to a Civil Grand Jury report regarding the San Francisco Retirement System.

The Board considered Resolution 170663, responding to the Presiding Judge of the Superior Court on the findings and recommendations in the 2016-2017 Civil Grand Jury Report entitled "The San Francisco Retirement System - Increasing Understanding and Adding Voter Oversight." Supervisor Peskin moved to amend the resolution regarding the implementation of accepted findings and recommendations, specifically related to adding members to the Retirement Board. The motion carried with all supervisors voting in favor. The Resolution No. 360-17 was ADOPTED AS AMENDED with a unanimous vote.

Remarks

The board recognized several individuals with Certificates of Honor.

Supervisor Tang presented a Certificate of Honor to Keith Crawford, CEO of the Give Life, Save Life Foundation, for his work in African American communities promoting organ donation. Supervisor Yee shared in the commendation. Supervisor Farrell presented a Certificate of Honor to Luby Aczel, on behalf of The Specialists Guild, for their work with individuals with Autism. Supervisor Peskin presented a Certificate of Honor to Jean Alexander, on the occasion of her retirement from the Office of the City Attorney. Supervisor Fewer presented Certificates of Honor to Angelina Yu and Angie Xie, from the Office of Supervisor Fewer, for organizing the 2017 Autumn Moon Festival.

Hearing

The board heard and filed an appeal regarding a Community Plan Evaluation for a project at 1726-1730 Mission Street, as the appeal was withdrawn.

The Board held a hearing on File No. 170808, an appeal of a Community Plan Evaluation issued for the proposed project at 1726-1730 Mission Street. Supervisor Ronen provided an overview and indicated the appeal had been withdrawn. No members of the public wished to speak. The hearing was closed and filed. Motion 170809 affirming the determination by the Planning Department that a proposed project at 1726-1730 Mission Street is exempt from further environmental review was APPROVED. Motions 170810 and 170811 to conditionally reverse the Community Plan Evaluation and prepare findings to reverse the Community Plan Evaluation were TABLED.

Hearing

The board heard and filed an appeal regarding the certification of a Final Environmental Impact Report for the project at 1500-1540 Market Street (One Oak Street), as the appeal was withdrawn.

The Board held a hearing on File No. 170812, an appeal of the certification of a Final Environmental Impact Report for the proposed project at 1500-1540 Market Street (One Oak Street). President Breed noted the appellant had withdrawn the appeal. Jason Henderson (Appellant) provided an overview of the appeal and its withdrawal. Several members of the public spoke on concerns relating to the appeal and its subsequent withdrawal, including Andy Thorton, Robin, Daniel Wescan, Sasha Panamarian, Paul Olsen, Jim Warshell, Tess Wellborn, and Gayle Bogg. The hearing was closed and filed. Motion 170813 affirming the Planning Commission’s certification of the Final Environmental Impact Report was APPROVED. Motions 170814 and 170815 to conditionally reverse the Final Environmental Impact Report Certification and prepare findings to reverse the Final Environmental Impact Report Certification were TABLED.

Hearing

The board heard and filed an appeal regarding the revocation of a flower-vending stand permit at 250 Post Street, and approved the revocation.

The Board held a hearing on File No. 170889, an appeal regarding the determination of Public Works to revoke a flower-vending stand permit at 250 Post Street. Harold Hoogasian (Appellant) provided an overview and requested the Board to approve the appeal. Michael Lennon (Public Works) provided an overview of the decision to revoke the permit. Karin Flood, Ted Plant, and Richard Lee spoke in support of the permit revocation. Harold Hoogasian provided a rebuttal. The hearing was closed and filed. Motion 170890 approving the decision of the Public Works Director to revoke the permit was APPROVED. Motions 170891 and 170892 to conditionally disapprove the decision and prepare findings to disapprove the revocation were TABLED. Supervisor Sheehy voted against the approval of the permit revocation, while the rest of the board voted in favor.

Committee of the Whole

The board heard updates on findings and recommendations regarding law enforcement practices.

The Board, sitting as a Committee of the Whole, held a hearing on File No. 171024 to hear and receive updates on final reports, findings, and recommendations of various bodies regarding law enforcement practices. Supervisor Cohen provided background information. Chief William Scott (Police Department) provided an overview and responded to questions. Several members of the public spoke on various concerns related to the hearing, including Ray Hartz, Jennifer Friedenbach, Magick, Tess Wellborn, Kelley Cutler, Darnell Boyd, Dayton Andrews, Jackie Barschand, Julie Traun, Jenna, Francis Holland, Graham, Trevor Martin, Barbara Hart, Tom Gilberty, and Adriana. The hearing was closed and filed. The Committee of the Whole adjourned and reported.

Committee Reports

The board adopted a resolution adopting the vision, goals, and objectives of The Bay Area Comprehensive Economic Development Strategy.

The Board considered Resolution 170945, sponsored by the Mayor and Supervisor Yee, which adopted the Vision, Goals, and Objectives of The Bay Area Comprehensive Economic Development Strategy to establish a nine county regional Economic Development District recognized by the United States Economic Development Administration. The goal was to improve access to economic and workforce related grants and technical assistance. The resolution was ADOPTED by unanimous vote, becoming Resolution No. 364-17.

Committee Reports

The board adopted a resolution approving the issuance of bonds by the California Municipal Finance Authority for the San Francisco Art Institute.

The Board considered Resolution 170948, sponsored by Supervisor Farrell, approving the issuance of revenue bonds or a tax-exempt loan by the California Municipal Finance Authority for the San Francisco Art Institute. The aggregate issue price was not to exceed $20,000,000. The resolution was ADOPTED by unanimous vote, becoming Resolution No. 366-17.

Committee Reports

The board adopted a resolution approving the issuance of bonds by the California Statewide Communities Development Authority for the San Francisco Museum of Modern Art.

The Board considered Resolution 170950, sponsored by Supervisor Kim, approving the issuance of tax-exempt obligations by the California Statewide Communities Development Authority in an aggregate principal amount not to exceed $30,000,000 for the financing or refinancing of various capital facilities owned or to be owned by San Francisco Museum of Modern Art. The resolution was ADOPTED by unanimous vote, becoming Resolution No. 345-17.

Public Testimony

Members of the public shared concerns regarding various issues, including cannabis policies, a development project on Folsom Street, the Sunshine Ordinance Task Force, HIV prevention, and political contributions.

Several members of the public spoke during the public comment period. Luke Bruner spoke on concerns regarding cannabis policies. Andrew Yip shared his thoughts and experiences with the Board. Barbara Unker, Callie, Merrill Waterman, and Herb Feltzenfeld spoke on concerns regarding the Motion adopting findings for the project at 3516 and 3526 Folsom Street. Michael Petrelis expressed concerns regarding the Sunshine Ordinance Task Force and HIV prevention. Another speaker expressed concerns regarding political contributions and an eviction. Tom Gilberty shared concerns regarding development projects and tax revenues. Ray Hartz shared concerns regarding support of free speech and development projects.

Consent Agenda

The board adopted a resolution declaring September 26, 2017, as Jean Alexander Day.

The Board considered Resolution 171020, sponsored by Supervisor Peskin, declaring September 26, 2017, as Jean Alexander Day in the City and County of San Francisco, in recognition of Jean Alexander's service in the City Attorney's Office and her retirement. The resolution was ADOPTED by unanimous vote, becoming Resolution No. 368-17.

Consent Agenda

The board approved an amended motion adopting findings reversing the Final Mitigated Negative Declaration for a project at 3516 and 3526 Folsom Street.

The Board discussed Motion 171022, adopting findings reversing the approval by the Planning Commission of a final mitigated negative declaration under the California Environmental Quality Act for a proposed project at 3516 and 3526 Folsom Street. Supervisor Ronen moved to amend the motion to include a requirement for a site-specific Emergency Response and Evacuation Plan, reviewed and approved by the Fire Department, Planning Department, and PG&E. The motion carried. Supervisor Safai was excused from voting due to a possible conflict of interest. The amended motion was APPROVED with 10 supervisors in favor, becoming Motion No. M17-152.

Legislation Introduced

An ordinance was introduced to comprehensively regulate cannabis land uses.

Ordinance 171041, sponsored by the Mayor and Supervisor Sheehy, was introduced to amend the Planning Code to regulate cannabis land uses, including retail, dispensaries, delivery services, manufacturing, cultivation, and testing. It was assigned to the Land Use and Transportation Committee.

Legislation Introduced

An ordinance was introduced to comprehensively regulate cannabis businesses.

Ordinance 171042, sponsored by the Mayor and Supervisor Sheehy, was introduced to amend the Administrative, Business and Tax Regulations, Health, and Police Codes to comprehensively regulate commercial activities relating to cannabis. It was assigned to the Rules Committee.

Legislation Introduced

An ordinance was reintroduced amending the Planning Code regarding commercial uses in the Polk Street and Pacific Avenue Neighborhood Commercial Districts.

Ordinance 170418, sponsored by Supervisor Peskin, was reintroduced to amend the Planning Code regarding commercial uses in the Pacific Avenue Neighborhood Commercial District and the Polk Street Neighborhood Commercial District. It was substituted and assigned to the Land Use and Transportation Committee.

Legislation Introduced

A resolution was reintroduced imposing interim zoning controls limiting off-street parking in the "Hub" area.

Resolution 171015, sponsored by Supervisor Breed and others, was reintroduced imposing interim zoning controls limiting off-street parking for new development in the "Hub" area. It was substituted and assigned to the Land Use and Transportation Committee.

Legislation Introduced

A resolution was introduced retroactively authorizing a revolving fund agreement for crime victims.

Resolution 171043, sponsored by Supervisor Safai, was introduced retroactively authorizing the Office of the District Attorney to renew its agreement with the California Victim Compensation Board for a revolving fund to be used for funeral/burial, relocation, and other emergency expenses for eligible crime victims. It was assigned to the Budget and Finance Committee.

Legislation Introduced

A motion was introduced confirming the appointment of Kenneth Bukowski to the Redevelopment Successor Agency Oversight Board.

Motion 171044 was introduced confirming the mayoral appointment of Kenneth Bukowski to the Redevelopment Successor Agency Oversight Board. It was assigned to the Rules Committee.

Legislation Introduced

A motion was introduced confirming the appointment of Lisa Motoyama to the Redevelopment Successor Agency Oversight Board.

Motion 171052 was introduced confirming the mayoral appointment of Lisa Motoyama to the Redevelopment Successor Agency Oversight Board. It was assigned to the Rules Committee.

Legislation Introduced

A hearing was requested to consider recommendations of the Safe Injection Facilities Task Force.

Request for Hearing 171045, sponsored by Supervisor Breed, was introduced to consider the recommendations of the Department of Public Health's Safe Injection Services Task Force regarding safe injection services. It was assigned to the Public Safety and Neighborhood Services Committee.

Legislation Introduced

A hearing was requested for an update on city-funded immigrant legal defense services.

Request for Hearing 171046, sponsored by Supervisor Fewer, was introduced to receive an update on the city-funded immigrant legal defense services. It was assigned to the Public Safety and Neighborhood Services Committee.

Legislation Introduced

A proposed ordinance was introduced regarding the settlement of a lawsuit involving the sale of surplus parcels.

Proposed Ordinance 171004, from the City Attorney, was introduced authorizing settlement of a lawsuit filed by George Birmingham against the City, involving the sale of surplus parcels for $1,500,000. It was assigned to the Government Audit and Oversight Committee.

Legislation Introduced

A proposed resolution was introduced regarding the settlement of an unlitigated claim filed by Ronald Terry.

Proposed Resolution 171005, from the City Attorney, was introduced approving the settlement of an unlitigated claim filed by Ronald Terry against the City for $89,500, involving an employment dispute. It was assigned to the Government Audit and Oversight Committee.

Legislation Introduced

A proposed resolution was introduced authorizing a Land Mobile Radio System Purchase, Installation, and Maintenance Agreement with Motorola Solutions Inc.

Proposed Resolution 171006, from the Public Utilities Commission, was introduced authorizing an agreement with Motorola Solutions Inc. for the purchase, installation, and maintenance of a land mobile radio system, for an amount not to exceed $10,906,297. It was assigned to the Budget and Finance Committee.

Legislation Introduced

A proposed resolution was introduced regarding an Amendment Agreement for exchange easements in connection with the Bay Division Pipeline Reliability Upgrade Project.

Proposed Resolution 171007, from the Public Utilities Commission, was introduced approving an amendment to an agreement to exchange interests in real property to grant a public trail easement in exchange for a quitclaim of an open space easement, as part of the Bay Division Pipeline Reliability Upgrade project. It was assigned to the Budget and Finance Committee.