Imperium

San Francisco County

Meeting on Housing, Cannabis, and Public Safety

The San Francisco Board of Supervisors meeting on October 3, 2017, covered a variety of topics, including housing, cannabis regulation, public safety, and budget-related items. The board approved appointments, amended existing codes, and discussed new legislation. Key actions included amending the Planning Code regarding Inclusionary Affordable Housing, continuing a resolution for Oracle licenses with Mythics Inc., and amending the Public Works Code to prohibit bicycle chop shops. Public hearings were held for a proposed medical cannabis dispensary. Additionally, the board introduced new ordinances related to cannabis regulation, flame retardant chemicals, and campaign conduct. Public comment addressed concerns related to transportation, police reform, affordable housing, and mass shootings.

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Consent Agenda

The board retroactively waived fees for temporary street occupancy permits for Small Business Week sidewalk sales.

The board considered a recommendation from the Budget and Finance Committee to retroactively waive the temporary street space occupancy fee for Small Business Week sidewalk sales. This waiver applied to fees required by the Public Works Code, Section 724.1(b), for permits on certain City streets on Saturday, May 20, 2017, as part of Small Business Week. The ordinance, No. 202-17, was finally passed with a unanimous vote.

Consent Agenda

Anne Kathleen Gallagher was appointed to the Commission on the Aging Advisory Council.

The Rules Committee recommended the appointment of Anne Kathleen Gallagher to the Commission on the Aging Advisory Council for a term ending March 31, 2019. This motion, No. M17-153, was approved unanimously.

Unfinished Business

The board discussed and amended the Planning Code regarding Inclusionary Affordable Housing Fee and Requirements, and passed it on the first reading.

The Board revisited the ordinance amending the Planning Code to revise the Inclusionary Affordable Housing Fee, the On-Site and Off-Site Affordable Housing Alternatives, and other Inclusionary Housing requirements. The ordinance also aimed to clarify Inclusionary Housing requirements in the Transbay C-3 Special Use District and affirm the Planning Department’s determination under the California Environmental Quality Act. Jon Givner from the Office of the City Attorney answered questions. Supervisor Kim moved to amend the ordinance to include a provision that 25% of units for off-site housing be affordable at 50% of the area median income. The motion to amend carried unanimously, and the ordinance passed on its first reading as amended by a unanimous vote.

New Business

A resolution to authorize a software license and maintenance agreement with Mythics Inc. for Oracle licenses was continued to the October 17th meeting.

The Board considered a resolution to authorize the General Manager of the San Francisco Public Utilities Commission to execute an agreement with Mythics Inc. for Oracle licenses and software support, not to exceed $11,832,968.89, for a term commencing November 30, 2017, through March 22, 2023. After a motion to adopt failed, Supervisor Farrell moved to rescind the previous vote, which carried. John Scarpulla from the Public Utilities Commission answered questions. Finally, a motion was made to continue the resolution to the Board meeting of October 17, 2017, which carried unanimously.

New Business

The board adopted a resolution to accept and expend a grant from the University of California for a program Advancing PrEP Delivery in the Transgender Community.

Supervisor Sheehy sponsored a resolution to retroactively authorize the Department of Public Health to accept and expend a grant of $144,996 from The Regents of the University of California, Office of the President, for a program entitled PrEP-T: Advancing PrEP Delivery in the Transgender Community, for the period of April 1, 2016, through March 31, 2018. Resolution No. 371-17 was adopted unanimously.

New Business

The Public Works Code was amended to prohibit bicycle chop shops, with an amendment to strike the impound fee.

The Board considered an ordinance amending the Public Works Code to prohibit the assembly, disassembly, sale, offer of sale, distribution, offer of distribution, or storage of bicycles and bicycle parts on public right-of-ways under certain conditions. It also authorized Public Works to remove and seize bicycles and bicycle parts following a notice of violation, allowing owners to retrieve seized items after 30 days. Supervisor Sheehy moved to amend the ordinance to strike the impound fee, which carried. The ordinance then passed its first reading as amended, with 9 ayes and 2 noes.

New Business

The Environment Code was amended to require retailers to report antibiotic use in raw meat, with an amendment regarding review and reporting frequency.

The board discussed amending the Environment Code to require certain retailers of raw meat and poultry to report antibiotic use in such products to the Department of the Environment, and to require city departments to report antibiotic use in raw meat and poultry purchased by the City. Supervisor Sheehy moved to amend the ordinance, striking language about the average number of days of antibiotic use per animal and the percentage of animals treated, and adding a requirement that the review occur every two years with a written report to the Mayor and Board of Supervisors. The motion carried with 10 ayes and 1 absent. The ordinance then passed its first reading as amended with the same vote count.

New Business

A resolution determining that a liquor license for Harlan Place by Café de la Presse will serve the public convenience and necessity was adopted.

The Board considered a resolution determining that the issuance of a Type-42 on-sale beer and wine public premises license to Presse LLC, doing business as Harlan Place by Café de la Presse, will serve the public convenience or necessity. The resolution also recommended that the California Department of Alcoholic Beverage Control impose conditions on the issuance of the license. Resolution No. 370-17 was adopted with 10 ayes and 1 absent.

New Business

Appointments were made to the Assessment Appeals Board Nos. 1 and 2.

The Board considered multiple appointments to the Assessment Appeals Boards. Scott Spertzel and Edward Campana were appointed to Assessment Appeals Board No. 1, and Diane Robinson and Richard Lee were reappointed. Elizabeth Zareh was appointed to Assessment Appeals Board No. 2. All motions were approved with 10 ayes and 1 absent.

Remarks

Former Secretary of State George Shultz and his wife were recognized, along with several community members for their achievements.

President Breed recognized Former United States Secretary of State George Shultz and his wife, Chief of Protocol Charlotte Shultz, who were in attendance at the meeting. Supervisor Tang presented a Certificate of Honor to Arnie Davis of the Davis Foot Comfort Center. Supervisor Sheehy presented a Certificate of Honor to Park Ranger Jayel Whitted. Supervisor Peskin presented a Certificate of Honor to Anne Kronenberg, Director of the Department of Emergency Management. Supervisor Farrell presented a Certificate of Honor to Sam Dodge of the Department of Homelessness and Supportive Housing.

Hearing

The hearing for the appeal of a Tentative Map for 639 Peralta Avenue was withdrawn and filed.

The Board held a hearing regarding an appeal of a Tentative Map for a 2-Unit New Construction Condominium Project located at 639 Peralta Avenue. President Breed announced that the appeal had been withdrawn. The Board inquired whether anyone wished to address the Board, but there were no speakers. President Breed closed the hearing and declared it heard and filed.

Committee of the Whole

Motions related to the approval and disapproval of the Tentative Parcel Map for 639 Peralta Avenue were approved and tabled, respectively.

Following the hearing for 639 Peralta Avenue, the Board considered several motions. The first motion, approving the decision of Public Works and the Tentative Parcel Map, was approved. The second motion, disapproving the decision of Public Works and the Tentative Parcel Map, was tabled. The third motion, directing the Clerk of the Board to prepare findings related to the disapproval, was also tabled.

Committee of the Whole

The board convened in a closed session regarding labor negotiations and elected not to disclose the deliberations.

The Board recessed to convene in closed session regarding labor negotiations, pursuant to Motion No. M17-147, approved on September 19, 2017. James Scovell spoke on various concerns during the public comment period before the closed session. After reconvening in open session, the Board moved not to disclose its closed session deliberations, which carried with 10 ayes and 1 absent.

Hearing

The hearing for the appeal of a determination of exemption from environmental review for 2505 Noriega Street was heard and filed.

The Board held a hearing regarding an appeal of a determination of exemption from environmental review under the California Environmental Quality Act for a proposed project at 2505 Noriega Street. The project involved changing the use from a retail pharmacy to a Medical Cannabis Dispensary. Supervisor Tang provided opening remarks. Ray Hacke, on behalf of Ark of Hope Preschool (Conditional Use Appellant), provided an overview of the appeal. Numerous speakers voiced opinions for and against the project. AnMarie Rodgers and Andrew Perry from the Planning Department provided an overview of the decision. Ryan Hudson, Dr. Floyd Huen, and Brett Gladstone (Project Sponsor) provided an overview of the project. Ray Hacke provided a rebuttal. President Breed closed the public comment and declared the public hearing heard and filed.

Committee of the Whole

Motions related to the Categorical Exemption Determination for 2505 Noriega Street were approved and tabled.

Following the hearing for 2505 Noriega Street, the Board considered several motions. The first motion, affirming the determination by the Planning Department that the project is categorically exempt from further environmental review, was approved. The second motion, conditionally reversing the determination, was tabled. The third motion, directing the Clerk of the Board to prepare findings to reverse the determination, was also tabled.

Hearing

The hearing for the appeal of a Conditional Use Authorization for the proposed project at 2505 Noriega Street was heard and filed.

The Board held a hearing regarding an appeal of a Conditional Use Authorization for a proposed project at 2505 Noriega Street to establish a medical cannabis dispensary. Ray Hacke, on behalf of Ark of Hope Preschool (Conditional Use Appellant), provided an overview of the appeal. Numerous speakers voiced opinions for and against the project. AnMarie Rodgers and Andrew Perry from the Planning Department and Ryan Hudson, Dr. Floyd Huen, and Brett Gladstone, the Project Sponsor, spoke. Ray Hacke provided a rebuttal. President Breed closed public comment and declared the hearing heard and filed.

Committee of the Whole

Motions related to the Conditional Use Authorization Appeal for 2505 Noriega Street were conditionally disapproved and approved.

Following the hearing, the Board considered motions related to the Conditional Use Authorization. Supervisor Tang moved that the motion approving Conditional Use Authorization be TABLED. The motion carried. Supervisor Tang then moved that the motion conditionally disapproving Conditional Use Authorization be APPROVED. The motion carried. Supervisor Tang then moved that the motion directing the Clerk of the Board to prepare findings in support of the Board of Supervisors’ disapproval of the proposed Conditional Use Authorization be APPROVED. The motion carried.

Committee of the Whole

Resolutions for multifamily housing revenue bonds were adopted for 2675 Folsom Street, 970 Treat Avenue, One Church Street, 45 Church Street, and One Webster Street.

The board passed resolutions declaring the intent of the City to reimburse expenditures from proceeds of future bonded indebtedness, authorizing the Director of the Mayor’s Office of Housing and Community Development to submit applications to the California Debt Limit Allocation Committee, and approving the issuance and sale of residential mortgage revenue bonds. Resolution No. 367-17 was adopted for Folsom and Treat. Resolution No. 369-17 was adopted for Church and Webster.

Public Testimony

Members of the public shared concerns on transportation, police reform, affordable housing, and mass shootings.

Andrew Yip shared his thoughts and experiences with the Board. Emil Lawrence spoke on concerns regarding transportation network companies and the harassment of taxi drivers. Joanne Keaney, Maria Victoria Hearn, Rodrigo Toquetao, Jean Bridges, and Daniel Caffer spoke on Police Department reform. Tom Gilberty expressed concerns about police shootings, mental illness, and affordable housing. One speaker raised concerns about mass murders and shootings.

Legislation Introduced

An ordinance was introduced to amend the Planning Code regarding cannabis regulation.

The Mayor and Supervisor Sheehy introduced an ordinance amending the Planning Code to regulate cannabis land uses, allow Medical Cannabis Dispensaries in additional zoning districts, establish a land use process for the conversion of existing Medical Cannabis Dispensaries to Cannabis Retail establishments, establish location and operating conditions for cannabis uses, and repeal Ordinance No. 186-17. The ordinance was assigned to the Land Use and Transportation Committee.

Legislation Introduced

An ordinance was introduced to amend the Environment Code to ban flame retardant chemicals in upholstered furniture and juvenile products.

Supervisor Farrell, along with Supervisors Peskin, Sheehy, Ronen, Fewer, Yee, Safai, and Tang, introduced an ordinance amending the Environment Code to ban the sale in San Francisco of upholstered furniture and juvenile products made with or containing added flame retardant chemicals. The ordinance was assigned to the Public Safety and Neighborhood Services Committee.

Legislation Introduced

An ordinance was introduced to amend the Campaign and Governmental Conduct Code regarding failure to file Form 700s.

Supervisor Peskin introduced an ordinance amending the Campaign and Governmental Conduct Code to disqualify members of City boards and commissions who have not filed their Form 700s from participating in or voting on certain matters. The ordinance was assigned to the Rules Committee.

Legislation Introduced

A resolution was introduced approving the jurisdictional transfer of property from the Real Estate Division to the Fire Department.

Supervisor Cohen introduced a resolution approving the jurisdictional transfer of 2245 Jerrold Avenue from the Real Estate Division to the Fire Department. The resolution was assigned to the Land Use and Transportation Committee.

Legislation Introduced

A resolution was introduced urging Congress to oppose bills regarding concealed carry reciprocity.

Supervisors Farrell and Cohen introduced a resolution urging the United States Congress to oppose the United States House of Representatives Bill 38, the Concealed Carry Reciprocity Act of 2017, and United States Senate Bill 446, the Constitutional Concealed Carry Reciprocity Act of 2017. The resolution was referred for adoption without committee reference at the next Board meeting.

Legislation Introduced

A resolution was introduced urging the Recreation and Park Commission to name the batting cage at Victoria Manalo Draves Park after Tim Figueras.

Supervisor Kim, along with Supervisors Safai, Fewer, Ronen, Peskin, and Yee, introduced a resolution declaring the new batting cages installed at Victoria Manalo Draves Park be named "Tim Figueras Batting Cage." The resolution was referred for adoption without committee reference at the next Board meeting.

Legislation Introduced

A resolution was introduced approving a Memorandum of Understanding between the City and the San Francisco Community College District for financial support for the Free City College Program.

Supervisor Kim introduced a resolution approving a Memorandum of Understanding between the City and County of San Francisco and the San Francisco Community College District for the City to provide financial support to the Free City College Program, not to exceed $11,233,904. The resolution was assigned to the Government Audit and Oversight Committee.

Legislation Introduced

A resolution was introduced authorizing the Arts Commission to accept a gift of art and funds for the maintenance of the artwork "Comfort Women's" Column of Strength.

Supervisors Kim, Fewer and Peskin introduced a resolution retroactively authorizing the San Francisco Arts Commission to accept a gift of art, entitled The “Comfort Women’s” Column of Strength, valued at $190,000, and to accept and expend a donation of $208,000 for the purpose of maintaining the artwork. The resolution was assigned to the Budget and Finance Committee.

Legislation Introduced

A hearing was requested on San Francisco's Five-Year Strategic Framework Plan to Reduce Homelessness.

Supervisor Farrell requested a hearing on San Francisco's five-year strategic framework plan to reduce homelessness, and requested the Department of Homelessness and Supportive Housing to report. It was assigned to Land Use and Transportation Committee.

Legislation Introduced

A hearing was requested to explore Good Food Purchasing Policy.

Supervisor Fewer requested a hearing to explore the development of good food purchasing policies for key City departments, and requesting the Department of Public Health, Sheriff's Department, and San Francisco Unified School District to report. This was assigned to the Public Safety and Neighborhood Services Committee.

Legislation Introduced

A hearing was requested for an update on Recreation and Parks Department's Strategic, Operational, and Capital Plans.

Supervisor Kim requested a hearing on the progress the Recreation and Parks Department has made in reviewing and updating its Strategic, Operational, and Capital Plans, and requested the Recreation and Parks Department to report. This was assigned to the Government Audit and Oversight Committee.

Legislation Introduced

A hearing was requested to analyze the Production, Funding, and Preservation of Workforce and Middle-Class Housing.

Supervisor Safai requested a hearing to examine the past ten years of the production, funding, and preservation of workforce and middle-class housing, examine the City's projected development and preservation of workforce and middle-class affordable rental and ownership housing over the next ten years, focusing the reports on housing between 55% to 175% area median income. The hearing was to include reports from multiple offices, including the Mayor's Office of Housing and Community Development, etc. It was assigned to the Land Use and Transportation Committee.

Legislation Introduced

Ordinances were proposed for lawsuit settlements related to civil rights, employment disputes and other claims

Several Proposed lawsuits were mentioned. An ordinance for Dora Delfi Mejia Jacobo for $50,000, Tasha Spencer for $160,000. There were also claims by Kelli Grotzke for $78,193, Kacey Christie for $62,500, UBS Financial Services for $125,266.48. Each was assigned to Government Audit and Oversight Committee.

Legislation Introduced

The board reviewed and ordinance for Emergency Declaration and Sale Agreement

The board reviewed an ordinance for the Emergency Declaration - Repair of the Moccasin Powerhouse Unit 2 Generator Step-up Transformer - Total Estimated Cost Not to Exceed $400,000. As well as the sale of Buddhi Dharma Lien Guo Foundation - 7484 Sheridan Road, Sunol, CA - $3,305,000. As well as a Contract Amendment No. 3 - New Flyer of America, Inc. - Purchase of Low Floor Diesel-Hybrid Buses - Not to Exceed $413,774,673. Each was assigned to Budget and Finance Committee.