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San Francisco County

Meeting on Lawsuit Settlements, Housing Initiatives, and Code Amendments

The San Francisco Board of Supervisors convened a meeting on September 27, 2016, to address a variety of issues including the settlement of several lawsuits against the City and County, appropriations for housing initiatives, and amendments to the administrative and planning codes. Key items included approving settlements for numerous lawsuits mostly pertaining to personal injury and property damage, passing an ordinance appropriating $77 million for housing initiatives, and discussing modifications to zoning regulations in the Midtown Terrace neighborhood. Public comments were heard on topics ranging from the Presidential Debate to homelessness and the Blue Ribbon Panel Report. The board also recognized several individuals and organizations for their contributions to the community and introduced new legislation related to issues such as LGBT rights, the death penalty, and development in the Brisbane Baylands area. The board voted to have a Committee of the Whole meet on October 4, 2016, to conduct a public hearing.

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Consent Agenda

The board considered and passed on first reading several ordinances related to settling lawsuits against the City and County of San Francisco.

The consent agenda included a series of ordinances authorizing settlements for various lawsuits against the City and County of San Francisco. These included a $176,275 settlement for Wayne Kappelman's employment dispute lawsuit, a $4,990,000 settlement for Jack K. Frazier's personal injury lawsuit related to a collision with a fire truck (with Michael Quinn paying $10,000), and a $40,000 settlement for Travis Ian Hall's alleged civil rights violations lawsuit. Further, the agenda had items to pay Federal Insurance Company $273,853.76 related to a motor vehicle accident. Also an ordinance was presented for the City to Receive $273,853.76 from 691 O’Farrell, LLC. There was also the dismissal of a lawsuit between the City and Sunol Valley Golf and Recreation Company.

Consent Agenda

The board authorized settlements for property damage claims and an unlitigated claim and approved the settlement of an administrative civil liability complaint.

The board authorized settlements for alleged property damage arising from a Public Utilities Commission water transmission pipeline break on 15th Avenue. CSAA Insurance Exchange was to be paid $700,000, Civil Service Employees Insurance Company was to be paid $439,500, Encompass Insurance Company was to be paid $1,250,000, and Stacey A. Lawrence was to be paid $224,000. These settlements were funded from the Water Enterprise fund balance. Additionally, the board authorized a $300,263.26 settlement with the California Department of Fish and Wildlife for discharges of chlorinated water to San Mateo Creek, also funded from the Water Enterprise fund. Additionally, the board authorized the settlement of the lawsuit filed by Laudenia Pleitez for $95,000 and the suit filed by Foo Soo Li for $99,000. Also, Karen Caldwell was to be paid $155,000 for a lawsuit involving property damage and arising from a water transmission pipeline on 15th Ave. Also, a lawsuit filed by Beverley Shungu-Omba for personal injury was settled for $30,000, Kathleen Carroll was to be paid $162,500 for a personal injury on a city sidewalk. Further, the board approved settlements for unlitigated claims filed by Capital One N.A. ($33,145.03) and Capital One Services II, LLC ($108,301.61) related to payroll expense tax, and approved a settlement of an administrative civil liability complaint by the California Regional Water Quality Control Board for $27,000, concerning wastewater discharge permit violations by the San Francisco Public Utilities Commission. The board also approved settlements for unlitigated claims filed by the San Mateo County Parks Department ($54,688) for alleged property damage and lost revenues due to flooding, and by Melvin Galvez ($35,339.44) related to an employment dispute.

Unfinished Business

The board approved an appropriation of $77,000,000 from the General Obligation Housing Bond for various housing initiatives and established the San Francisco City College Enrollment Fee Assistance Fund.

The board approved an ordinance appropriating $77,000,000 from the General Obligation Housing Bond, Series 2016F, to the Mayor’s Office of Housing and Community Development for Public Housing, Low-Income Housing, Investment in Mission Neighborhood, and Middle Income Housing in FY2016-2017. These funds were placed on Controller's Reserve pending the sale of the bonds. They also passed an ordinance amending the Administrative Code to establish the San Francisco City College Enrollment Fee Assistance Fund.

New Business

The board passed on first reading an ordinance requiring prevailing wages for commercial vehicle loading and unloading on city property and continued consideration of a lease agreement waiver.

The board passed on first reading an ordinance amending the Administrative Code to require that prevailing wages be paid for work loading or unloading materials, goods, or products for special events and shows on City property, and the driving of commercial vehicles for that purpose. An ordinance waiving the competitive process requirement for a lease agreement between Amoura International, Inc., and the City and County of San Francisco for an interim employee café at Airport Terminal 1 was continued to the Board of Supervisors meeting of October 4, 2016, after a discussion with Cathy Widener from San Francisco International Airport.

New Business

The board authorized the Recreation and Park Department to accept and expend a grant from the San Francisco Parks Alliance and authorized an amendment to an engineering design agreement for the Water System Improvement Program.

The board retroactively authorized the Recreation and Park Department to accept and expend a grant from the San Francisco Parks Alliance to fund community events, staff development, recreation programming, and other activities from FY2014-2015, valued at approximately $84,202. Nicole Elliott from the Mayor's Office and Katie Petroucione from the Recreation and Park Department were present to answer questions. The board authorized the General Manager of the San Francisco Public Utilities Commission to execute Amendment No. 4 to Engineering Project Design Services Agreement No. CS-879C with Kennedy/Jenks Consultants for Water System Improvement Program-funded projects, extending the contract for three years to December 6, 2019, for an additional $2,000,000, bringing the total amount not to exceed $18,500,000.

New Business

The board passed on first reading an ordinance banning city-funded travel to and city contracts involving states with anti-LGBT laws and also ordinances related to the settlement of lawsuits involving flooding.

The board passed on first reading an ordinance amending the Administrative Code to prohibit City-funded travel to states that have enacted laws after June 26, 2015, reversing anti-discrimination protections for LGBT individuals or permitting discrimination against LGBT individuals, and to prohibit City contracting with companies headquartered in states that have enacted such laws, or where work on the contract would be performed in such states. The board also passed on first reading two ordinances authorizing settlements for lawsuits related to property damage arising from flooding. The first was for Allied Insurance Company for $60,000, and the second was for Raymond Kruse and Ashley Kruse for $325,000, both funded from the Water Enterprise fund balance.

New Business

The board adopted resolutions responding to Civil Grand Jury reports regarding police officer-involved shootings and homelessness in San Francisco.

The board adopted two resolutions responding to the Presiding Judge of the Superior Court on the findings and recommendations contained in two 2015-2016 Civil Grand Jury Reports. The first report was entitled "Into the Open: Opportunities for More Timely and Transparent Investigations of Fatal San Francisco Police Department Officer-Involved Shootings." The second report was entitled "San Francisco Homeless Health and Housing: A Crisis Unfolding on Our Streets." The resolutions urged the Mayor to cause the implementation of accepted findings and recommendations through department heads and through the development of the annual budget.

New Business

The board passed on first reading an ordinance requiring inclusion of data about housing unit withdrawals in the Housing Balance Report and continued a resolution urging expanded public access to the Peninsula Watershed Lands.

The board passed on first reading an ordinance amending the Planning Code to require inclusion in the Housing Balance Report data about the withdrawal of housing units from the rental market by all means, including owner move-ins. A resolution urging the San Francisco Public Utilities Commission to provide enhanced public access to existing roads and trails in the Peninsula Watershed Lands was continued to the Board of Supervisors meeting of October 4, 2016, after Supervisor Campos requested to be removed as a co-sponsor.

New Business

The board amended and passed on first reading an ordinance rezoning the Midtown Terrace neighborhood, modifying the initial proposal regarding Accessory Dwelling Units.

The board considered an ordinance rezoning the Midtown Terrace neighborhood. Supervisor Yee moved to amend the ordinance, striking language that would have exempted the rezoned blocks and lots from the requirements for Accessory Dwelling Units in RH-1(D) zoning districts. The amendment was approved. The amended ordinance then passed on first reading. Jon Givner from the Office of the City Attorney was present to answer questions.

Remarks

The board recognized the Golden Gate Bridge Patrol and Suicide Response Team, Mike Rabago of Recology, and the Youth Leadership Institute with Certificates of Honor.

The board took time to recognize several groups and individuals for their contributions. Supervisor Yee recognized the Golden Gate Bridge Patrol and Suicide Response Team for their efforts in preventing suicides on the Golden Gate Bridge. Supervisors Mar, Campos, Wiener, and Breed shared in this commendation. Supervisor Wiener recognized Mike Rabago of Recology for his commitment to excellence and community support. Supervisor Mar recognized Estelle Davis, Mariah Cochran, Anastasia Millilin, Patty Barahona, and Erika Cespedes of the Youth Leadership Institute for their work building communities that invest in youth to create positive social change.

Public Testimony

The board heard public comments on a variety of issues, including the Presidential Debate, library improvements, affordable housing, and the Blue Ribbon Panel Report.

Members of the public shared their thoughts and concerns with the Board. Abdalla Megahed shared his concerns and ideas regarding the first Presidential Debate. Ray Hartz expressed concerns regarding the Branch Libraries Improvement Project and the Friends of the San Francisco Public Library. Andrew Yip shared his various experiences and thoughts. Other speakers raised concerns about luxury and affordable housing, the Hunters Point Shipyard, Rose Pak and the prosecution of Falun Dafa, and expressed support for a hearing on the Blue Ribbon Panel Report and the Resolution regarding modular housing options for the homeless. Additional comments were made regarding evictions, access to parks, homeless encampments, injustice, police accountability, and religious concerns.

For Adoption Without Committee Reference

The board adopted a resolution declaring September 22, 2016, as Youth Leadership Institute Day and approved Final Map 8123 for a condominium project at 468 Clementina Street.

The board adopted a resolution declaring September 22, 2016, as Youth Leadership Institute Day, recognizing the organization’s 25th anniversary in the City and County of San Francisco. Supervisor Yee requested to be added as a co-sponsor. The board also approved Final Map 8123, a 13 residential unit Condominium Project, located at 468 Clementina Street, adopting findings pursuant to the General Plan and the eight priority policies of Planning Code, Section 101.1.

For Adoption Without Committee Reference

The board addressed a resolution on modular housing for the homeless and approved a motion calling for a hearing on the Blue Ribbon Panel Report.

Supervisor Farrell requested that a file regarding modular housing options for the homeless be severed so that it may be considered separately. After it was separated, Supervisor Farrell requested this Resolution be REFERRED to the Land Use and Transportation Committee. Supervisor Cohen requested that a file regarding the Blue Ribbon Panel Report be severed. The board then approved a motion calling from the Public Safety and Neighborhood Services Committee, a hearing on the final report, findings, and recommendations of the Blue Ribbon Panel on Transparency, Accountability, and Fairness in Law Enforcement. The hearing was scheduled to be held by the Board of Supervisors as a Committee of the Whole on Tuesday, October 4, 2016, at 3:00 p.m.

Legislation Introduced

The board introduced an ordinance to extend the Balboa Park Station Area Plan Community Advisory Committee and another to establish an Infant and Toddler Early Learning Scholarship Fund.

Supervisor Avalos introduced an ordinance amending the Administrative Code to codify the Balboa Park Station Area Plan Community Advisory Committee, establish its size and membership, set terms and term limits for its members, and extend its sunset date to February 28, 2020. Supervisors Yee, Kim, Avalos, Mar, Tang and Campos introduced an ordinance amending the Administrative Code to establish the Infant and Toddler Early Learning Scholarship Fund.

Legislation Introduced

The board introduced resolutions related to a revenue agreement for public toilets, infrastructure and revitalization financing for Treasure Island, and a communications agreement with BART.

The Mayor introduced a resolution approving the second amendment to the revenue agreement between Public Works and JC Decaux San Francisco, LLC, for the Automatic Public Toilet and Public Service Kiosk Program, extending the agreement term by one year. The Mayor and Supervisor Kim introduced several resolutions related to City and County of San Francisco Infrastructure and Revitalization Financing District No. 1 (Treasure Island) and project areas therein to finance the construction and/or acquisition of facilities on Treasure Island and Yerba Buena Island. These included a Resolution of Intention to Establish Infrastructure and Revitalization Financing District No. 1 (Treasure Island) and Project Areas Therein to Finance the Construction and/or Acquisition of Facilities on Treasure Island and Yerba Buena Island. Supervisor Breed and Tang introduced a resolution authorizing the San Francisco Municipal Transportation Agency (SFMTA) to execute a Communications Agreement with Bay Area Rapid Transit District (BART) allowing BART to negotiate license agreements with telecommunications carriers on behalf of the SFMTA to extend BART’s existing underground commercial fiber and cellular infrastructure to the SFMTA underground system for a 15-year term plus two five-year options.

Legislation Introduced

The board introduced resolutions concerning an air rights lease for affordable housing, multifamily housing revenue notes for Transbay Block 8, and a day recognizing science workshops in the Mission and Excelsior districts.

Supervisor Kim introduced a resolution approving and authorizing the Successor Agency to the Redevelopment Agency of the City and County of San Francisco to execute a lease of an air rights parcel at 250 Fremont Street, with T8 Housing Partners, L.P., for a less than fair market value rent of approximately $15,000 per year for 75 years, for the purpose of developing housing for very low-income households. Kim also introduced a resolution authorizing the issuance and delivery of a multifamily housing revenue note for providing financing for the acquisition and construction of an 80-unit multifamily rental housing project located in the City at 250 Fremont Street (also known as Transbay Block 8 Affordable Apartments). Supervisor Avalos and Mar introduced a resolution declaring October 27, 2016, to be Mission and Excelsior Science Workshops Day in the City and County of San Francisco, in celebration of the 25th anniversary of their founding in 1991.

Legislation Introduced

The board introduced resolutions in support of ending the death penalty in California, monitoring development proposals for the Brisbane Baylands area, naming a Chinatown subway station after Rose Pak, and including Filipino history in the curriculum.

Supervisor Campos, along with multiple co-sponsors, introduced a resolution supporting California State Proposition 62, The Justice That Works Act Of 2016, to end the death penalty in California and replace it with life imprisonment without the possibility of parole. Supervisor Kim, along with co-sponsors, introduced a resolution urging the City and County of San Francisco and all relevant agencies to closely monitor and review any development proposal for the Brisbane Baylands Area. Kim also introduced a resolution, along with co-sponsors, urging the San Francisco Municipal Transportation Agency Board (SFMTA) of Directors to engage a community-led process to name Central Subway’s Chinatown Station the Central Subway’s “Rose Pak Station.” Supervisor Wiener, along with co-sponsors, introduced a resolution supporting inclusion of the Philippines and Filipinos in the World War II history curriculum at the San Francisco Unified School District, and in support of the effort to include the adoption of the curriculum in all 77 high school districts in California.

Legislation Introduced

The board introduced a resolution supporting National Bullying Prevention Month and a motion adopting findings related to a conditional use authorization.

Supervisor Wiener and Mar introduced a resolution recognizing and supporting October as National Bullying Prevention Month and supporting efforts to educate and promote awareness of anti-bullying efforts nationwide. The Clerk of the Board introduced a motion adopting findings in support of the Board of Supervisors’ disapproval of the decision of the Planning Commission by its Motion No. 19702, regarding the Conditional Use Authorization identified as Planning Case No. 2014-003173CUA for a proposed project located at 2785 San Bruno Avenue.

Legislation Introduced

The board requested a hearing on foreclosures in the Below Market Rate Limited Equity Homeownership Program and requested amendments to the city's records retention ordinance.

Supervisor Kim, along with co-sponsors, requested a hearing on new policies put in place to track the Below Market Rate (BMR) Limited Equity Homeownership Program and new Mayor's Office of Housing and Community Development (MOHCD) procedures to more effectively intervene when BMR units are in default and risk of foreclosure. Additionally, Supervisor Peskin requested that the City Attorney prepare amendments to the City's records retention ordinance to ensure that all records within the Department of Building Inspection (DBI) which relate to the safety of our City’s buildings are retained permanently. Peskin also requested the City Attorney draft legislation forming a Tall Building Seismic Safety Workgroup comprised of independent experts in the field which would work with the Board of Supervisors and the Department of Building Inspection to identify best practices for ensuring the safety of our residential and commercial buildings in seismically vulnerable neighborhoods.