The San Francisco Board of Supervisors meeting on November 28, 2017, addressed a variety of topics, including cannabis regulation, housing bonds, and the controversial tax sale of the Presidio Terrace Common Area. The Board amended and passed on first reading ordinances relating to cannabis land uses and business regulations. They also authorized the issuance of multifamily housing revenue bonds for several housing projects. A significant portion of the meeting was dedicated to a Committee of the Whole hearing and subsequent vote to conditionally rescind the tax sale of the Presidio Terrace Common Area. Additionally, the Board approved several consent agenda items, including ordinances related to building and fire codes, and administrative code changes. New legislation was introduced, including ordinances related to underground districts, formula retail controls, and tenant assistance, as well as resolutions related to bond sales, homeless shelter emergency declaration, and grant applications. The meeting also included public comment and recognition of community members.
The Board approved the meeting minutes from October 17, 2017, and October 24, 2017, following a motion by Supervisor Yee and seconded by Supervisor Ronen. There were no corrections to the minutes from any Board Member. The motion passed with a vote of 10 Ayes and 1 Absent (Cohen).
Mayor Edwin Lee addressed the Board of Supervisors regarding homelessness, the need to provide shelter during the winter months, the emergency declaration the Mayor will be introducing, and the homelessness services and programs City departments are providing. This matter was filed after public comment with no further action taken. There were no questions submitted from Supervisors representing the even districts.
The Board approved several ordinances on the consent agenda. These included an ordinance amending the Subdivision Code to allow subdivision map applicants to apply for transfer subdivision maps without granting development rights; an ordinance amending the Building and Fire Codes to require fire alarm system upgrades for sleeping areas in buildings sold or transferred after September 1, 2017; an ordinance amending the Planning Code to create the Transit Center Special Sign District, restricting the size and height of new signs near public parks; and an ordinance amending the Administrative and Campaign and Governmental Conduct Codes to change references from “Office of Citizen Complaints” to “Department of Police Accountability.” All items passed with a vote of 11 Ayes.
The Board approved three ordinances authorizing settlements in lawsuits against the City and County of San Francisco. The first authorized a $300,000 settlement in the case of Kevin Smith v. City and County of San Francisco, involving alleged personal injury on a City street. The second authorized a $72,500 settlement in the case of T-Mobile West, LLC v. City and County of San Francisco, involving a Utility Users Tax refund. The third authorized a $498,000 settlement in the case of AT&T Corp. v. City of San Francisco, Department of Public Health, involving a breach of contract claim arising from the design of a medical grade wireless network at Zuckerberg San Francisco General Hospital. All items passed with a vote of 11 Ayes.
The Board discussed and amended an ordinance relating to the Planning Code regarding cannabis land uses, including adult use cannabis retail, Medical Cannabis Dispensaries, delivery-only services, manufacture of cannabis products, cannabis cultivation, and cannabis testing. Several amendments were proposed and voted on, including those related to buffer zones around schools and day care centers, and limits on the number of dispensaries in certain districts. Ultimately, an amendment striking the limit of three dispensaries in the Excelsior Outer Mission Street Neighborhood Commercial District was carried, as was an amendment requiring Cannabis Retail and Medical Cannabis Dispensary Uses in C, PDR, M, and Mixed Use Districts be subject to the permit review procedures of Section 312, as well as amendments creating definitions for temporary cannabis sales. The ordinance, as amended, passed on first reading with 10 Ayes and 1 No.
The Board discussed and amended an ordinance regulating cannabis businesses across the Administrative, Business and Tax Regulations, Health, and Police Codes. Amendments addressed definitions, transition provisions, requirements for fire proof safes, and modifications to Section 1624(b)(3) regarding a code citation. Amendments were also made concerning the Director's ability to award permits to applicants that do not meet the criteria if the total number of permits awarded to equity applicants has reached 50% of the total number of permits awarded in that permit category, the Director's receipt of a "Good Neighbor Policy" and a "Security Plan" from applicants, and authorizing Cannabis Cultivation and Manufacturing Facilities to provide medicinal cannabis/products to storefront retailers for compassion programs. Also discussed and implemented were changes to requirements regarding age limits for employees and funds for entities and organizations working to address the impact of the failed War on Drugs. The ordinance, as amended, passed on first reading with 10 Ayes and 1 No.
The Board adopted a resolution authorizing the issuance and sale of multifamily housing revenue bonds in an aggregate principal amount not to exceed $325,000,000 for the purpose of providing financing for the acquisition, development, and construction of a 550-unit, mixed income, multifamily rental housing project located in the City at 1500-1580 Mission Street. The resolution passed with 11 Ayes.
The Board voted to continue several resolutions pertaining to Infrastructure Financing District No. 2 (Port of San Francisco, Pier 70) to the Board of Supervisors meeting of December 5, 2017. The resolutions included one of Intention to form Sub-Project Area G-2, Sub-Project Area G-3, and Sub-Project Area G-4, one of Intention to Issue Bonds - for Sub-Project Area G-2, G-3, and G-4, one of Intention to Establish Infrastructure and Revitalization Financing District No. 2 (Hoedown Yard, Pier 70), one Authorizing Executive Director of the Port of San Francisco to Prepare an Infrastructure Financing Plan, and one of Intention to Issue Bonds Related to Infrastructure and Revitalization Financing District No. 2 (Hoedown Yard, Pier 70). All continuations passed with 11 Ayes.
The Board adopted a resolution approving the Third Amendment to Contract No. CS-159 between the Municipal Transportation Agency and the Transbay Joint Powers Authority for Transbay Transit Center Program Services. The amendment covers the period from July 21, 2009, through June 30, 2018, at no additional cost. The resolution passed with 11 Ayes.
The Board adopted resolutions declaring the intent of the City and County of San Francisco to reimburse certain expenditures from proceeds of future bonded indebtedness for Candlestick Point North 10a and South 11a. Each resolution authorized the Director of the Mayor’s Office of Housing and Community Development to submit an application to the California Debt Limit Allocation Committee (CDLAC) to permit the issuance of residential mortgage revenue bonds in an aggregate principal amount not to exceed $100,000,000. Each resolution passed with 11 Ayes.
The Board adopted a resolution authorizing the issuance, sale, and delivery of multifamily housing revenue bonds in an aggregate principal amount not to exceed $51,000,000 for the purpose of providing financing for the construction of a 119-unit multifamily rental housing project known as 1150-3rd Street Apartments. The resolution passed with 11 Ayes.
The Board adopted two resolutions related to the Mission Rock project. The first was a Resolution of Intention to establish Project Area I (Mission Rock), and Sub-Project Areas I-1 through I-13 therein, of City and County of San Francisco Infrastructure Financing District No. 2 (Port of San Francisco), with a public hearing scheduled for January 23, 2018. The second was a Resolution of Intention to Issue Bonds for Project Area I of City and County of San Francisco Infrastructure Financing District No. 2 (Port of San Francisco). Both resolutions passed with 11 Ayes.
The Board reviewed a new piece of Legislation. This resolution would require automatic sprinklers in non-residential areas of residential hotels sold or transferred after August 1, 2017. The motion was approved with all Supervisors voting 'Aye'.
The Board reviewed new legislation which would designate 2731-2735 Folsom Street (aka Gaughran House) as a Landmark under Article 10 of the Planning Code; affirming the Planning Department’s determination under the California Environmental Quality Act; and making public necessity, convenience and welfare findings under Planning Code, Section 302, and findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. Supervisor Ronen requested to be added as a co-sponsor. The motion was approved with all Supervisors voting 'Aye'.
The Board reviewed new legislation which would require parties to pay a refundable deposit when requesting written findings from the Assessment Appeals Board, and to establish procedures concerning the waiver and renewal of requests for written findings.The motion was approved with all Supervisors voting 'Aye'.
The Board recognized Ken Reggio, Executive Director of Episcopal Community Services, on the occasion of his retirement and in recognition of his many accomplishments providing essential services to the homeless in San Francisco. The Board also recognized Sandy Close and New America Media/Pacific News Service in recognition of their many accomplishments bringing the voices of the marginalized into the national discourse.
The Board held a hearing regarding the appeal of the determination of exemption from environmental review for the San Francisco Municipal Transportation Agency's proposed Hairball Intersection Improvements Project. President Breed opened the public hearing. The appellant was not present. Sherie George (Planning Department) provided an overview of the decision of the Planning Department and responded to questions. Thalia Leng (Municipal Transportation Agency) provided an overview of the project and requested the Board to uphold the decision. Public comment was closed, and the hearing was filed. The Board then voted to affirm the determination by the Planning Department that the project is categorically exempt from further environmental review. Motions to conditionally reverse the exemption and prepare findings to reverse the exemption were tabled. The motion to affirm the exemption passed with 11 Ayes.
The Board convened as a Committee of the Whole to hold a hearing on the potential rescission of the tax sale of the Presidio Terrace Common Area. The hearing featured testimony from G. Scott Emblidge (Attorney for Petitioner) arguing in favor of rescission, Christopher Rankin, Sunny Lee, Pamela Joyer, Andrew Whitaker, Pam Cheng, David Goldman, Mark Kushner, Jacquelyn Young, Carole Sheerer, Matt Roy, Sarah Hemlock, Sean Merrill, and Sherry Winthrop who supported rescinding the sale, Jose Cisneros (Treasurer/Tax Collector) providing an overview of the tax sale process, and Shepard Kopp (Attorney for Purchaser) arguing against rescission. Michael Cheng, Tina Lam, and several unnamed speakers spoke in support of the tax sale. A rebuttal was provided by G. Scott Emblidge. The hearing was closed and filed. The Board then voted to conditionally rescind the tax sale, directing the Clerk of the Board to prepare findings in support of this determination. A motion to conditionally decide not to rescind the tax sale was tabled. The motion to rescind the tax sale passed with 7 Ayes and 4 Noes.
Members of the public shared concerns on various topics, including Citywide Case Management, rent controls, affordable housing, disrepair in the City, and LGBT hate groups.
The Board approved final maps for several condominium projects, including projects at 1205-4th Avenue, 33 Tehama Street, 1353-9th Avenue, 815 Tennessee Street, 1900-1908 Leavenworth Street, 1075 Market Street, 150 Van Ness Avenue, 360 Locust Street, 125 Cambon Drive, 100 and 150 Font Boulevard, 50 and 55 Chumasero Drive, 405 Serrano Drive, and 310 Arballo Drive. All motions were approved with 11 Ayes.
Several new pieces of legislation were introduced, including ordinances appropriating funds for the San Francisco Municipal Transportation Agency's street and transit projects, the Recreation and Park Department, and to backfill the loss of funding of various programs; an ordinance creating Underground District No. 361 on Second Street; a substituted ordinance amending the Planning Code to revise the definition of Formula Retail; and an ordinance amending the Administrative Code to establish an Office of Tenant Assistance. The legislation was assigned to various committees.
Several new resolutions were introduced, including those authorizing the sale of general obligation bonds, authorizing corrective actions in connection with proposed federal tax reform, declaring a homeless shelter emergency, accepting an easement along Shipley Street, authorizing grant applications for affordable housing projects, and declaring December 4-8 as Cancer Screen Week. The legislation was assigned to various committees or marked for adoption without committee reference.
Two new motions were introduced, one verifying completion of a preapplication meeting for a special on-sale general liquor license and the other establishing the 2018 Board of Supervisors regular meeting schedule. The legislation was assigned to various committees or marked for adoption without committee reference.
Three new requests for hearings were introduced, one on community supportive and public municipal banking, one on the Pacific Gas and Electric Company (PG&E) explosion at 3987 Mission Street, and one to review and approve the Budget Guidelines for the Board of Supervisors annual budget. The legislation was assigned to various committees.
Several proposed pieces of legislation from departments were introduced, including an ordinance amending the Transportation Code to prohibit Non-Standard Vehicles from operating without a permit, a resolution approving the settlement of an unlitigated claim filed by Robin Paul Roderick, a resolution approving an agreement for conveyance and acceptance of interests in real property from the State of California Department of General Services for the San Francisco Westside Recycled Water Project, a resolution authorizing an agreement amendment with Kennedy Jenks Consultants, Inc./Bahman Sheikh Water Reuse Consulting/Water Resources Engineering, Inc. for the Westside Recycled Water Project, a resolution authorizing the Police Department to accept and expend a grant from the Department of Homeland Security Federal Emergency Management Agency for the Safe Boat Refurbishment and Service Life Extension Program, and a resolution authorizing and approving the license of a portion of the equipment room at Zuckerberg San Francisco General Hospital and Trauma Center with AT&T Mobility National Accounts LLC. The legislation was assigned to various committees.
The board acknowledged the passing of various community members: Jack Stauffacher, George Fox, Julia K. Engleton, Misti Ann Steiner, and Thomas Vincent Stack.