Imperium

San Francisco County

Meeting on Land Use, Budget, and Legislative Action

The San Francisco Board of Supervisors meeting on November 15, 2016, addressed a variety of issues including land use, budget, and legislative action. Key agenda items included resolutions regarding the Treasure Island development, a hearing on the controversial 1515 South Van Ness Avenue project, adoption of building and fire code updates, and a resolution responding to the election of Donald Trump. Public testimony addressed concerns about racism, police reform, and other local issues. The board approved several settlements of legal claims, and considered various ordinances and resolutions related to city governance and infrastructure.

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Remarks

Supervisors Wiener and Yee were excused from the meeting.

Supervisors Norman Yee and Scott Wiener sent communications to the Board of Supervisors informing them of their absences and requesting to be excused from today’s meeting. Supervisor Mar was noted present at 2:05 p.m. Supervisor Peskin, seconded by Supervisor Farrell, moved that Supervisors Wiener and Yee be excused from attending today’s meeting. The motion carried by a vote of 9 ayes, with Wiener and Yee excused.

Remarks

Approval of the Board Meeting Minutes from October 4, 2016.

President Breed inquired whether any Board Member had any corrections to the Board Meeting Minutes of October 4, 2016. There were no corrections. Supervisor Mar, seconded by Supervisor Peskin, moved to approve the Board Meeting Minutes of October 4, 2016. The motion carried by a vote of 9 ayes, with Wiener and Yee excused, following general public comment.

Remarks

There were no agenda changes.

The Board confirms there were no changes to the agenda.

Remarks

Mayor Edwin Lee addressed the Board of Supervisors regarding unity, homelessness, and transportation.

During the Special Order, Mayor Edwin Lee addressed the Board of Supervisors regarding the November 14, 2016, Unity Gathering, the homelessness crisis, and the need for expanded transportation services. Following public comment, this matter was filed and no further action was taken.

Consent Agenda

An ordinance was passed to establish the Infant and Toddler Early Learning Scholarship Fund.

Ordinance amending the Administrative Code to establish the Infant and Toddler Early Learning Scholarship Fund, sponsored by Yee, Kim, Avalos, Mar, Tang, and Campos, was FINALLY PASSED as part of the consent agenda as Ordinance No. 233-16.

Consent Agenda

An ordinance was passed regarding settlement of a lawsuit with State Farm General Insurance Company and appropriating funds.

Ordinance authorizing settlement of the lawsuit filed by State Farm General Insurance Company against the City and County of San Francisco for $875,000 regarding property damage from a water transmission pipeline break on 15th Avenue, appropriating $875,000 from the Water Enterprise fund balance, was PASSED, ON FIRST READING as item 161053.

Consent Agenda

An ordinance was passed regarding settlement of a lawsuit with Christopher Pollino and Cindy Coyne and appropriating funds.

Ordinance authorizing settlement of the lawsuit filed by Christopher Pollino and Cindy Coyne against the City and County of San Francisco for $525,000 regarding property damage from a water transmission pipeline break on 15th Avenue, appropriating $525,000 from the Water Enterprise fund balance, was PASSED, ON FIRST READING as item 161054.

Consent Agenda

An ordinance was passed regarding settlement of a lawsuit with Theodore A. Bowie, II and appropriating funds.

Ordinance authorizing settlement of the lawsuit filed by Theodore A. Bowie, II against the City and County of San Francisco for $500,000 regarding property damage from a water transmission pipeline break on 15th Avenue, appropriating $500,000 from the Water Enterprise fund balance, was PASSED, ON FIRST READING as item 161055.

Consent Agenda

An ordinance was passed regarding settlement of a lawsuit with Fosco Zilli and Silvia Vojtkova-Zilli.

Ordinance authorizing settlement of the lawsuit filed by Fosco Zilli and Silvia Vojtkova-Zilli against the City and County of San Francisco for $60,000 regarding a vehicle being rear-ended by a City vehicle, was PASSED, ON FIRST READING as item 161056.

Consent Agenda

An ordinance was passed regarding settlement of a lawsuit with Leland Castro.

Ordinance authorizing settlement of the lawsuit filed by Leland Castro against the City and County of San Francisco for $200,000 regarding personal injury on a City sidewalk, was PASSED, ON FIRST READING as item 161057.

Consent Agenda

An ordinance was passed regarding settlement of a lawsuit with In and Out Drain Cleaning, Inc., where the City will receive funds.

Ordinance authorizing settlement of the lawsuit filed by the City and County of San Francisco against In and Out Drain Cleaning, Inc. for $38,500 regarding a ruptured water main, was PASSED, ON FIRST READING as item 161083.

Consent Agenda

A resolution was adopted approving the settlement of an unlitigated claim filed by Lisa Sarto.

Resolution approving the settlement of an unlitigated claim filed by Lisa Sarto against the City and County of San Francisco for $50,000 regarding an employment dispute, was ADOPTED as Resolution No. 477-16.

Consent Agenda

An ordinance was passed designating 1345 Ocean Avenue as a Landmark under Planning Code, Article 10.

Ordinance designating 1345 Ocean Avenue (aka Ingleside Presbyterian Church and the Great Cloud of Witnesses) as a Landmark under Planning Code, Article 10, sponsored by Yee, Breed and Avalos, was FINALLY PASSED as Ordinance No. 222-16.

Consent Agenda

An ordinance was passed amending the Landmark Designation of 140 Maiden Lane.

Ordinance amending the Landmark Designation of 140 Maiden Lane (aka V. C. Morris Gift Shop), sponsored by Peskin, was FINALLY PASSED as Ordinance No. 223-16.

Consent Agenda

An ordinance was passed amending codes to establish a Places for People Program and permit fee.

Ordinance amending the Administrative Code, Public Works Code, and Police Code to establish a Places for People Program and establish a People Place Permit Fee, sponsored by Wiener, Tang and Mar, was FINALLY PASSED as Ordinance No. 224-16.

Consent Agenda

An ordinance was passed repealing the 2013 Building Code and enacting the 2016 edition.

Ordinance repealing the 2013 Building Code and enacting a 2016 Building Code, was FINALLY PASSED as Ordinance No. 225-16.

Consent Agenda

An ordinance was passed adding provisions of the 2016 California Residential Code into the 2016 San Francisco Building Code.

Ordinance adding provisions of the 2016 California Residential Code into the 2016 San Francisco Building Code, was FINALLY PASSED as Ordinance No. 226-16.

Consent Agenda

An ordinance was passed repealing the 2013 Electrical Code and enacting the 2016 edition.

Ordinance repealing the 2013 Electrical Code and enacting a 2016 Electrical Code, was FINALLY PASSED as Ordinance No. 227-16.

Consent Agenda

An ordinance was passed enacting a 2016 San Francisco Existing Building Code.

Ordinance enacting a 2016 San Francisco Existing Building Code, was FINALLY PASSED as Ordinance No. 228-16.

Consent Agenda

An ordinance was passed repealing the 2013 Green Building Code and enacting the 2016 edition.

Ordinance repealing the 2013 Green Building Code and enacting a 2016 Green Building Code, was FINALLY PASSED as Ordinance No. 229-16.

Consent Agenda

An ordinance was passed repealing the 2013 Mechanical Code and enacting the 2016 edition.

Ordinance repealing the 2013 Mechanical Code and enacting a 2016 Mechanical Code, was FINALLY PASSED as Ordinance No. 230-16.

Consent Agenda

An ordinance was passed repealing the 2013 Plumbing Code and enacting the 2016 edition.

Ordinance repealing the 2013 Plumbing Code and enacting a 2016 Plumbing Code, was FINALLY PASSED as Ordinance No. 231-16.

Consent Agenda

An ordinance was passed amending Ordinance No. 1061 regarding a sidewalk width change on De Haro Street.

Ordinance amending Ordinance No. 1061 to change the official sidewalk width along De Haro Street, was FINALLY PASSED as Ordinance No. 232-16.

Consent Agenda

An ordinance was passed repealing the current San Francisco Fire Code and enacting a new 2016 edition.

Ordinance repealing the current San Francisco Fire Code and enacting a new 2016 San Francisco Fire Code, was FINALLY PASSED as Ordinance No. 234-16.

Consent Agenda

An ordinance was passed extending the Balboa Park Station Area Plan Community Advisory Committee.

Ordinance amending the Administrative Code to codify and extend the Balboa Park Station Area Plan Community Advisory Committee, sponsored by Avalos, was FINALLY PASSED as Ordinance No. 235-16.

Unfinished Business

Resolutions regarding the Treasure Island Infrastructure and Revitalization Financing District were continued to December 6, 2016.

President Breed requested File Nos. 161035, 161036, 161037, 161038, and 161039 be called together. Nadia Sesay (Mayor's Office of Finance) and Bob Beck (Treasure Island Development Authority) were granted privilege of the floor to respond to questions. Resolutions 161035, 161036, 161037, 161038, and 161039, related to the Treasure Island Infrastructure and Revitalization Financing District and Community Facilities District, sponsored by the Mayor and Kim, were CONTINUED to the Board of Supervisors meeting of December 6, 2016.

New Business

A resolution was adopted approving the issuance and sale of residential mortgage revenue bonds or notes for the 1601 Mariposa Apartments project.

Resolution approving the issuance and sale of residential mortgage revenue bonds or notes for the 1601 Mariposa Apartments project, sponsored by the Mayor, was ADOPTED as Resolution No. 480-16.

New Business

A resolution was adopted authorizing a library fee amnesty program from January 3 through February 14, 2017.

Resolution authorizing the Library Commission to establish a fee amnesty program for overdue Library materials from January 3 through February 14, 2017, sponsored by the Mayor and Mar, was ADOPTED as Resolution No. 481-16.

New Business

A resolution was adopted approving a Mills Act historical property contract for 1036 Vallejo Street.

Resolution approving a Mills Act historical property contract for 1036 Vallejo Street, sponsored by Peskin, was ADOPTED as Resolution No. 478-16.

New Business

A resolution was adopted approving a historical property contract for 101-105 Steiner Street.

Resolution approving a historical property contract for 101-105 Steiner Street, sponsored by Wiener, was ADOPTED as Resolution No. 479-16.

New Business

A resolution was adopted extending interim zoning controls for new ground floor office uses facing 2nd Street.

Resolution extending interim zoning controls for new office uses facing 2nd Street, sponsored by Kim, was ADOPTED as Resolution No. 476-16.

New Business

Appointments were approved for the Child Care Planning and Advisory Council.

Motion appointing Karin Little, Nur Jehan Khalique, and Laura Moye to the Child Care Planning and Advisory Council, was APPROVED as Motion No. M16-158.

New Business

Appointments were approved for the Reentry Council.

Motion appointing Jose Bernal, Angela Coleman, James Lowden, and Kimberli Courtney to the Reentry Council, was APPROVED as Motion No. M16-159.

New Business

Appointments were approved for the Food Security Task Force.

Motion appointing Chester Williams and Geoffrey Grier to the Food Security Task Force, was APPROVED as Motion No. M16-160.

Remarks

Certificates of Honor were presented to Erica Lakdasz, Rebuilding Together San Francisco, and Jenny Yu and Natalie Burdick.

Erica Lakdasz of Cole Valley Fair, Rebuilding Together San Francisco, and Jenny Yu and Natalie Burdick (Walk San Francisco) were introduced and presented with Certificates of Honor.

Hearing

A hearing was held regarding the appeal of a determination of exemption from environmental review for a project at 1515 South Van Ness Avenue.

President Breed opened a public hearing regarding the determination of exemption from environmental review for a proposed project located at 1515 South Van Ness Avenue. Arguments for and against were heard and then the hearing was closed.

Hearing

Motions regarding the 1515 South Van Ness Avenue project were tabled and approved, with further action pending.

Supervisor Campos moved to TABLE the Motion affirming the Community Plan Exemption determination for 1515 South Van Ness Avenue, motion carried. Supervisor Campos moved to APPROVE the Motion reversing the Community Plan Exemption determination for 1515 South Van Ness Avenue, motion carried. Motion No. M16-157 was approved directing the Clerk to prepare findings reversing the Community Plan Exemption and mandating that further environmental impact analysis be completed on cultural displacement and the cumulative impacts on the Latino Cultural District. Peter Schellinger was denied privilege of the floor by the other Supervisors.

Remarks

Supervisor Peskin assumed the chair temporarily.

At the request of President Breed, Supervisor Peskin assumed the chair at 4:05 p.m. The President resumed the chair at 4:40 p.m.

Hearing

A hearing was held regarding the appeal of a Tentative Map approval at 162-164 Alhambra Street, and motions were continued to December 6, 2016.

President Breed opened the public hearing regarding the appeal of a Tentative Map approval at 162-164 Alhambra Street. All motions related to this file were CONTINUED to the Board of Supervisors meeting of December 6, 2016.

Hearing

A hearing and related motions regarding law enforcement practices were tabled.

A hearing and related motions (File Nos. 161233 and 161232) regarding law enforcement practices were TABLED.

Committee Reports

Supervisor Farrell was excused from voting on a short-term residential rental limit ordinance due to a possible conflict of interest.

Supervisor Farrell requested to be excused from voting on File No. 161093, due to a possible conflict of interest. He was excused. The ordinance amending the Administrative Code to revise the Residential Unit Conversion Ordinance to limit short-term rental of a residential unit to no more than 60 days per calendar year if the unit was registered on or after October 11, 2016; prohibit neighbors outside the building at issue from filing a private right of action; allow certain nonprofit organizations to file a private right of action prior to a final determination of a violation by the Director of the Planning Department; shorten the waiting period for certain interested parties to file a private right of action; and affirming the Planning Department’s determination under the California Environmental Quality Act. PASSED ON FIRST READING

Committee Reports

An ordinance prohibiting leases for fossil fuel extraction from City-owned land passed on first reading.

An ordinance amending the Administrative Code to prohibit the City from entering into or extending leases for the extraction of fossil fuel from City-owned land passed on first reading.

Public Testimony

Members of the public shared a variety of concerns, including racism, police reform, the proposed naming of a subway station, and domestic violence.

Andrew Yip; shared his various thoughts and experiences. Christopher Dahl; expressed concerns regarding racism. Male Speaker; shared concerns regarding police reform. Bo Chin; expressed concern regarding the proposed naming of the Central Subway Station the “Rose Pak Station” and the oppression of the Falun Gong. Chris Betsy; expressed concern regarding the proposed naming of the Central Subway Station the “Rose Pak Station” and the oppression of the Falun Gong. Felicia Jones; shared concerns regarding the hiring practices of the local unions. Su Young; expressed concern regarding the proposed naming of the Central Subway Station the “Rose Pak Station” and the oppression of the Falun Gong. Many Female and Male Speakers shared concerns regarding excessive use of power by certain police officers. David Carlo Salaverry; shared concerns regarding excessive use of power by certain police officers. Daniel Lawry; shared concerns regarding excessive use of power by certain police officers. Tom Gilberty; shared various concerns regarding the results of the election and creating a healthy community.

For Adoption Without Committee Reference

A resolution was adopted supporting the proposal to bring the Lucas Museum of Narrative Art to Treasure Island.

Resolution supporting the proposal to bring the Lucas Museum of Narrative Art to San Francisco’s Treasure Island as a first-of-its-kind museum providing economic, educational, and cultural benefits to the City and County of San Francisco. ADOPTED

For Adoption Without Committee Reference

A resolution was adopted urging the rescission of layoffs at Hertz Corporation.

Resolution urging the Hertz Corporation to rescind the layoffs of 156 Hertz Corporation employees and that these positions remain quality, full-time jobs, and urging the Airport Director Ivar C. Satero and the Airport Commission to assist the workers in retaining their jobs. ADOPTED

For Adoption Without Committee Reference

Final maps for subdivisions at 245-1st Street and 660 and 680 Indiana Street were approved.

Motions approving Final Map 8679 and Final Map 8788 for condominium projects were APPROVED.

For Adoption Without Committee Reference

Board Rule 3.26 was suspended to refer a hearing to the Government Audit and Oversight Committee.

Motion suspending the Board of Supervisors Rules of Order 3.26, with regard to the consideration of appointments at the Rules Committee, and referring File No. 161191, a hearing concerning an appointment to the Park, Recreation and Open Space Advisory Committee, to the Government Audit and Oversight Committee at a regular meeting to be held on November 17, 2016. APPROVED

For Adoption Without Committee Reference

A motion was approved scheduling future hearings on law enforcement practices.

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 in February, May, and August 2017, to hear and receive updates on the final reports, findings, and recommendations of the Blue Ribbon Panel on Transparency, Accountability, and Fairness in Law Enforcement; the Department of Justice Initial Assessment Report of the San Francisco Police Department; the President’s Task Force on 21st Century Policing; and the Civil Grand Jury’s Report, entitled “Into the Open: Opportunities for More Timely and Transparent Investigations of Fatal San Francisco Police Department Officer-Involved Shootings.” APPROVED

For Adoption Without Committee Reference

A motion to schedule a committee of the whole on law enforcement practices was tabled.

Motion scheduling the Board of Supervisors to sit as a Committee of the Whole on November 15, 2016, at 5:00 p.m., to hear and receive updates on the final reports, findings, and recommendations of the Blue Ribbon Panel on Transparency, Accountability, and Fairness in Law Enforcement; the Department of Justice Initial Assessment Report of the San Francisco Police Department; the President’s Task Force on 21st Century Policing; and the Civil Grand Jury’s Report, entitled “Into the Open: Opportunities for More Timely and Transparent Investigations of Fatal San Francisco Police Department Officer-Involved Shootings.” TABLED

Imperative Agenda

The Board adopted serious injury and Brown Act findings to consider a resolution responding to the election of Donald Trump.

A serious injury finding and a Brown Act finding were adopted to allow consideration of a resolution responding to the election of Donald Trump. The President closed the public comment. The Board then moved that there be an Amendment of the Whole, it carried. It then was moved that another amendment of the Whole, same title, be proposed by adding language regarding the increase of hate crimes since the election. It carried. The resolution responding to the election of Donald Trump and reaffirming San Francisco’s commitment to the values of inclusivity, respect, and dignity was adopted as amended as Resolution No. 484-16.

Legislation Introduced

Several ordinances and resolutions were introduced regarding various city matters and referred to committees.

Multiple ordinances and resolutions were introduced by supervisors and the mayor regarding topics such as waiving solicitation requirements, settling claims, vacation of easements, interim zoning controls, affordable housing funding, grants, and conveyance of property. These were assigned to various committees for review.

Legislation Introduced

A resolution was introduced urging the preservation of Ghost Bikes.

Resolution urging Public Works and the San Francisco Municipal Transportation Agency (SFMTA) to work with the Bicycle Advisory Committee, other appropriate departments, and advocates to create a plan and procedures permitting Ghost Bikes or other appropriate memorials at locations in and around San Francisco to raise awareness of safety, and to memorialize those killed on San Francisco streets. REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING.

Requests for Hearing

Several requests for hearings were made regarding topics such as homeless navigation centers, ballot initiative reform, residential evictions, alcohol sales, and commuter shuttles.

Multiple Supervisors requested for hearings on the status of citywide implementation of the City Navigation Centers for the Homeless Ordinance, to discuss potentially limiting the total number of ballot initiatives possible for local elections in the City and County of San Francisco, pre- and post-eviction enforcement activities and the roles of agencies in the area of residential evictions, on the findings of the Budget and Legislative Analyst's report on the harms and impact on the sales and consumption of alcohol in San Francisco, SFMTA on the recently completed Commuter Shuttle Hub Study.

In Memoriam

The board acknowledged various memoriams.

The board acknowledges in memoriam Katherine Nash, Eleanor Swift Angulo, Donald Bradford Bellmer, Deacon Donald E. Corbin, and Hasinah Rahim.