Imperium

The Board approved a series of ordinances related to settlements of lawsuits against the City and County of San Francisco, including: Wayne Kappelman ($176,275 - employment dispute), Travis Ian Hall ($40,000 - civil rights violations), Federal Insurance Company ($273,853.76 - motor vehicle accident), 691 O’Farrell, LLC (City to receive $273,853.76 - motor vehicle accident), dismissal of a lawsuit against Sunol Valley Golf and Recreation Company (termination of lease agreement), and settlements with CSAA Insurance Exchange ($700,000), Civil Service Employees Insurance Company ($439,500), Encompass Insurance Company ($1,250,000), Stacey A. Lawrence ($224,000), Karen Caldwell ($155,000) all related to water pipeline break on 15th Avenue, California Department of Fish and Wildlife ($300,263.26 - chlorinated water discharge), Laudenia Pleitez ($95,000 - employment dispute), Foo Soo Li ($99,000 - employment dispute), Beverley Shungu-Omba ($30,000 - personal injury on City street), and Kathleen Carroll ($162,500 - personal injury on City sidewalk). All settlements were approved, and the lawsuit against Sunol Valley Golf and Recreation company was dismissed. Supervisors voted 11-0 in favor of these actions.

The Board approved the motion to appoint Allegra Fortunati to the Commission on Aging Advisory Council, with her term ending on March 31, 2017. The vote was 11-0 in favor of the appointment. This appointment was recommended by the Rules Committee.

Supervisor Avalos requested that File No. 160739 regarding the settlement of the lawsuit filed by Jack K. Frazier be severed so that it may be considered separately. The lawsuit was settled for $4,990,000 due to personal injury from a collision with a fire truck. In addition to the city's payout, defendant Michael Quinn will pay the plaintiff $10,000. The motion was approved with a vote of 10-1, with Supervisor Avalos dissenting.

The Board considered 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. The ordinance, sponsored by Supervisor Wiener, was approved by a vote of 11-0.

The Board discussed 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. Cathy Widener (San Francisco Airport) and Jon Givner (Office of the City Attorney) were present to answer questions. Supervisor Peskin, seconded by Supervisor Yee, moved to amend the Ordinance to change the lease timeframe from summer to fall and include additional information. The amendment was approved unanimously. The amended ordinance then passed on the first reading with 7 ayes and 4 noes (Avalos, Breed, Campos, Cohen).

The Board considered 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 ordinance, sponsored by Supervisors Wiener, Campos, and Farrell, was approved by a vote of 11-0.

President Breed requested File Nos. 160784 and 160785 be called together, and considered ordinances authorizing settlement of the lawsuits filed by Allied Insurance Company and Raymond Kruse and Ashley Kruse against the City and County of San Francisco for $60,000 and $325,000 respectively. Both lawsuits related to property damage from flooding, and the funds would be appropriated from the Water Enterprise fund balance. Both ordinances were approved by a vote of 11-0.

The board approved the ordinance amending the Planning Code to require the inclusion of data about the withdrawal of housing units from the rental market by all means, including owner move-ins, in the Housing Balance Report. Supervisor Mar was added as a co-sponsor. It was affirmed that the Planning Department's actions align with the California Environmental Quality Act and the General Plan, and the eight priority policies of Planning Code, Section 101.1, and make findings of public convenience, necessity, and welfare under Planning Code, Section 302. The final vote was 11-0.

The Board discussed a resolution urging the San Francisco Public Utilities Commission to provide enhanced public access to existing roads and trails in the Peninsula Watershed Lands. The discussion occurred in consideration of protecting the water supply and the environmental quality of the area. Supervisor Avalos, seconded by Supervisor Peskin, moved that this Resolution be TABLED, meaning it would not move forward. The motion carried by a vote of 10-1, with Supervisor Wiener dissenting.

The Board approved an ordinance amending the Planning Code by revising the Zoning Map to rezone numerous lots in the Midtown Terrace Neighborhood from Residential, House: One-Family (RH-1) to Residential, House: One-Family (Detached Dwellings) (RH-1(D)) and rezone one lot from Public to RH-1(D). The Planning Department's actions align with the California Environmental Quality Act and the General Plan, and the eight priority policies of Planning Code, Section 101.1, and make findings of public necessity, convenience, and welfare under Planning Code, Section 302. The final vote was 11-0.

The Board considered an ordinance amending the Administrative Code to require prevailing wages in City contracts for security guard services and that prevailing wages be paid for security guard services at certain events on City property. The ordinance also amends the Police Code to make a technical clarification regarding worker retention requirements for security guards. Supervisor Mar requested to be added as a co-sponsor. The ordinance passed on first reading by a vote of 11-0.

The Board adopted a resolution finding the proposed Terminal 2 to Terminal 3 Secure Connector Project at San Francisco International Airport fiscally feasible and responsible pursuant to San Francisco Administrative Code, Chapter 29. The resolution was approved by a vote of 11-0.

The Board adopted a resolution authorizing the Sheriff’s Department to enter into a contract with the California Department of Corrections and Rehabilitation to contract for, accept, and expend up to $1,573,880 to house state inmates who are within 60 days or less of release from state prison in the San Francisco County Jail Secure Reentry Program Facility. The contract term would commence following Board approval and continue through June 30, 2017. The resolution was approved by a vote of 11-0.

The Board adopted a resolution authorizing the Director of the Mayor’s Office of Housing and Community Development to submit an application to the California Debt Limit Allocation Committee to permit the issuance of residential mortgage revenue bonds in an aggregate principal amount not to exceed $95,000,000 for 210 and 238 Taylor Street (San Francisco, California 94102). The resolution also authorized related actions and declarations of intent. The resolution was approved by a vote of 11-0.

The Board adopted a resolution approving and authorizing the City Administrator to enter into a Seventh Amendment to the Management Agreement with Moscone Center Joint Venture for the Moscone Convention Center. The amendment would extend the term of the Agreement an additional ten years, require the Contractor to make certain capital contributions to the City, revise certain contractual clauses regarding the calculation and payment of fees for food, beverage, and internet services, and revise certain contractual clauses regarding financial records and reporting. Supervisor Mar requested to be added as a co-sponsor. The resolution was approved by a vote of 11-0.

The Board adopted a resolution authorizing the Department of Public Health to submit a one-year application for calendar year 2017 to continue to receive funding for the Comprehensive HIV Prevention Programs grant from the Centers for Disease Control and Prevention, requesting $5,704,982 in HIV prevention funding for San Francisco. The resolution was approved by a vote of 11-0.

The Board adopted a resolution authorizing the Office of Small Business to expend grant funds in the amount of up to $1,000,000 to disburse grants to Qualified Legacy Businesses who apply for business assistance grants between October 1, 2016, and December 15, 2016. Supervisors Mar and Breed requested to be added as co-sponsors. The resolution was approved by a vote of 11-0.

The Board passed the first reading of an ordinance amending the Planning Code by revising the Zoning Map to rezone 2070 Folsom Street, Assessor’s Parcel Block No. 3571, Lot No. 031, from its current designation as Public (P) and 50-X, to Urban Mixed Use (UMU) and 85-X. The Planning Department's determination under the California Environmental Quality Act was affirmed, and findings of public necessity, convenience, and welfare under Planning Code, Section 302, and findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1, were made. The vote was 11-0.

President Breed requested File Nos. 161006, 161007, and 161008 be called together. The Board approved the reappointments of Jeffrey Morris and Eugene Valla to the Assessment Appeals Board No. 1, the reappointments of John Lee, Mervin Conlan, and Yosef Tahbazof to the Assessment Appeals Board No. 2, and the appointments of Shawn Ridgell and James Reynolds to the Assessment Appeals Board No. 3. All terms end September 2019. The votes for each set of appointments were 11-0.

The Board approved the appointments of Janelle White (residency requirement waived), Denise Sicat Wong (residency requirement waived), J. Ocean Mottley (residency requirement waived), Amelia Gilbert, Denise Caramagno (residency requirement waived), and Leslie Simon to the Safer Schools Sexual Assault Task Force. The terms are indefinite. The vote was 11-0.

The Board considered the appointments to the Cannabis State Legalization Task Force and was asked to change Kevin Reed to Michael Nolan, however the motion failed 1-10. The Board subsequently approved the appointments of Jesse Stout, Erich Pearson, Kevin Reed, Sara Payan, Duncan Talento Ley, Thea Selby, Jon Ballesteros, Barbara Fugate, Tom McElroy, Laura Thomas, Terrance Alan, Sarah Shrader, and Daisy Ozim to the Cannabis State Legalization Task Force. The terms end August 31, 2017. The vote was 11-0.

Supervisor Avalos introduced, welcomed, and presented a posthumous Certificate of Honor for his Holiness Pramukh Swami Maharaj. Supervisor Campos introduced, welcomed, and presented a Certificate of Honor to Pablo Espinoza of Community United Against Violence. Supervisor Kim introduced, welcomed, and presented a Certificate of Honor to Jennifer Villamin of Pampalasa.

The Board, sitting as a Committee of the Whole, held a hearing on the final report, findings, and recommendations of the Blue Ribbon Panel on Transparency, Accountability, and Fairness in Law Enforcement. Anand Subramanian, Justice Cruz Reynoso, Ian Bausback, Jaime Bartlett, Ray Marshall, Robert Tarun, Nicholas Fram, Judge LaDoris Cordell, Deputy Chief Garret Tom, Interim Chief Toney Chaplin, and Minister Christopher Muhammad provided an overview on the matter. Several members of the public spoke on various concerns. The hearing was Heard and Filed by a vote of 11-0.

Marc Bruno, another male speaker, and a female speaker all expressed appreciation for the Ordinance appropriating $100,000 to provide relief to earthquake victims in Italy (File No. 160963). Andrew Yip shared his various thoughts and experiences with the Board. Josefa Perez shared concerns regarding inhabited vehicles and illegal activities. Christopher Dahl shared concerns regarding air pollution and the environment. Mayor Clifford Lentz (City of Brisbane) read a letter in opposition to the Resolution regarding the City of Brisbane (File No. 161044). Quach Thanh, as well as a female speaker, Mei Chen, Flora Qu, Stacy, Fan Wen, Janice Liu, Rui Wang, a female speaker, Lily, a male speaker, Bo Qin and another male speaker, spoke in opposition to the Resolution to consider naming the Central Subway Station the “Rose Pak Station” (File No. 161045). Other males speakers covered the following issues; religious concerns, concerns regarding domestic violence. Finally, Clay Holstine spoke on behalf of the City of Brisbane. Tom Gilberty; shared concerns regarding high rise buildings, Mayoral approvals, and the Falun Gong.

The Board adopted 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. Supervisor Mar requested to be added as a co-sponsor. The resolution was adopted.

The Board adopted 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 Tang requested to be added as a co-sponsor. The resolution was adopted.

The Board adopted a resolution 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 Mar requested to be removed as a co-sponsor, and Supervisor Campos requested to be added as a co-sponsor. The resolution was adopted.

The Board adopted a resolution supporting of 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. Supervisors Mar and Cohen requested to be added as co-sponsors. The resolution was adopted.

The Board adopted a resolution recognizing and supporting October as National Bullying Prevention Month and supporting efforts to educate and promote awareness of anti-bullying efforts nationwide. Supervisor Mar requested to be added as a co-sponsor. The resolution was adopted.

The Board adopted 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. The vote was 11-0.

Supervisor Kim requested that File No. 161044 be severed so that it may be considered separately, and that the Resolution be REFERRED to the Land Use and Transportation Committee. The resolution urges the City and County of San Francisco and all relevant agencies to closely monitor and review any development proposal for the Brisbane Baylands Area. Supervisor Mar requested to be added as a co-sponsor.

An ordinance amending the Downtown Support Special Use District to authorize a monetary contribution (in lieu fee) to satisfy required on-site open space requirements, exclude certain features from floor area ratio and gross floor area calculations, and dedicate the monetary contribution for lighting and safety improvements at Victoria Manolo Draves Park was substituted and assigned to Land Use and Transportation Committee.

An ordinance amending the Administrative Code to establish a Places for People Program that coordinates the City’s authorization of public gatherings and activities and their associated temporary physical improvements, amending the Public Works Code to establish a regulatory process for authorizing a People Place on the public right-of-way, amending the Police Code definition of a Limited Live Performance Locale to include People Places, and affirming the Planning Department’s determination under the California Environmental Quality Act was substituted and assigned to Land Use and Transportation Committee.

An ordinance amending the Administrative and Planning Codes to authorize the Entertainment Commission to hold a hearing on noise issues related to proposed projects for construction of new hotels and motels, or conversions of existing structures to hotel or motel uses, to be located within 300 feet of a Place of Entertainment, and to provide recommendations to the Planning Department and/or Department of Building Inspection regarding such projects was assigned to Land Use and Transportation Committee.

An ordinance amending the Police Code to require rental car companies to provide written disclosures to customers advising them to remove valuables from the rental vehicle and lock the doors was assigned to Land Use and Transportation Committee.

An ordinance waiving the Jobs-Housing Linkage Fee, Inclusionary Affordable Housing requirements, and alternative water supply requirements, exempting square footage from gross floor area calculation and transferable development rights for a project located at 950-974 Market Street, in exchange for either (1) the dedication of real property at 180 Jones Street to the Mayor’s Office of Housing and Community Development at no cost and payment of approximately $12,800,000 to the 180 Jones Street Affordable Housing Fund, or (2) the construction of a minimum of 60 and a maximum of 70 affordable studio or efficiency rental units at 180 Jones Street was assigned to Land Use and Transportation Committee.

An ordinance amending the Planning Code to add Section 249.15 to create the Mission and 9th Street Special Use District in the area generally bounded by Mission Street on the south, Laskie Street on the east, Assessor’s Parcel Block No. 3701, Lot Nos. 22, 23, and 24 on the west, and Assessor’s Parcel Block No. 3701, Lot No. 66 to the north and making related changes to the zoning map was assigned to Land Use and Transportation Committee.

An ordinance amending the Planning Code to permit Terrace Infill on a noncomplying structure that is designated as a Significant Building under Planning Code, Article 11, and located in a C-3 Zoning District was assigned to Land Use and Transportation Committee.

An ordinance amending the Health Code to revise the definition of development projects subject to the requirements for an Alternate Water Source system and the definitions of large and small residential projects subject to specific requirements for such a system was assigned to Land Use and Transportation Committee.

A resolution recognizing the Portola neighborhood as San Francisco’s Garden District and supporting the implementation of the Portola Green Plan was substituted and assigned to Public Safety and Neighborhood Services Committee.

A resolution authorizing the Recreation and Park Department to accept and expend two United States Environmental Protection Agency, Brownfield Cleanup Cooperative Agreement grants, for a combined total of $400,000 for the development of a remediation action plan and site remediation activities for 900 Innes Property was received and assigned to Budget and Finance Committee.

A resolution authorizing the Director of Health to sign an agreement with the California Department of Health Care Services for participation in the Whole Person Care Pilots Program was received and assigned to Budget and Finance Committee.

A resolution declaring the intent to issue residential mortgage revenue bonds for 2800 Arelious Walker Drive, authorizing related actions, was received and assigned to Budget and Finance Committee.

A resolution authorizing the Mayor’s Office of Housing and Community Development to accept and expend a gift of $6,010,047 from RDF 75 Howard LP to the Citywide Affordable Housing Fund was received and assigned to Budget and Finance Committee.

A resolution retroactively authorizing the Department of Public Health to accept and expend a grant for the San Francisco Safe Routes to School Program was received and assigned to Budget and Finance Committee.

A resolution retroactively authorizing the Department of Public Health to accept and expend a grant for technical assistance to countries supported by the United States President's Emergency Plan for AIDS Relief and Global was received and assigned to Budget and Finance Committee.

A motion directing the Clerk of the Board of Supervisors to schedule Committees of the Whole hearings on the first Regular Meeting of the Board of Supervisors each month from November 2016, to January 2017, to hear and receive an update on the final report, findings, and recommendations of the Blue Ribbon Panel on Transparency, Accountability, and Fairness in Law Enforcement was referred for adoption without committee reference agenda.

A hearing was received and assigned to Public Safety and Neighborhood Services Committee to consider the concept of establishing a Behavioral Health Justice Center that can provide a continuum of care for individuals suffering from mental illness and/or substance abuse who have contact(s) with the criminal justice system.

A hearing on the status of the SoMa Pilipinas Strategic Plan was received and assigned to Land Use and Transportation Committee.

A hearing on the local impacts of the Adult Use of Marijuana Act if approved by the voters in November, including areas of legislative and administrative need, and requesting the Cannabis State Legalization Task Force to report was received and assigned to Land Use and Transportation Committee.

A resolution authorizing the General Manager of the Public Utilities Commission to enter into a Customer Generation Agreement with Pacific Gas and Electric Company for a Solar Power Project at Willie Brown Middle School at 2055 Silver Avenue, to continue indefinitely, unless terminated was received and assigned to Budget and Finance Committee.