Imperium

San Francisco County

Meeting on Settlements, Park Updates, Housing Initiatives, and Cannabis Regulations

The San Francisco Board of Supervisors met on November 30, 2021, addressing a variety of issues including approval of settlements for lawsuits and unlitigated claims, updates to the Park Code, appropriation of funds for a school safety assessment, acceptance of grants for digital innovation and before/after school programs, amendments to the Planning Code, and regulations regarding cannabis businesses. The board also discussed affordable housing initiatives, approved a property exchange agreement, and heard public comments on various agenda items. Several new pieces of legislation were introduced, including ordinances and resolutions addressing housing, landmark designations, contracts, and settlements.

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Consent Agenda

Approval of settlements for several lawsuits against the city, and approval of settlements for unlitigated claims

The Board approved several settlements for lawsuits filed against the City and County of San Francisco. These included settlements for David Joslyn ($3,250,000, medical negligence), Huan Zheng Fang and Zhourong Fang ($2,000,000, wrongful death), Tamsyn Waterhouse ($45,000, flooding), Christina Yiu and Jeremy Yiu ($135,000, motor vehicle accident), and Victor Picazo ($46,000, civil rights violations). Additionally, the Board approved settlements for unlitigated claims with Covidien Sales LLC (Medtronic to pay the city $800,000, including return of a ventilator fleet) and Shimmick Construction Company, Inc. and F.D. Thomas, Inc. (City to receive $750,000 for construction defects). These items were unanimously approved.

Unfinished Business

Approval of park code updates, a budget appropriation for a school safety assessment, and acceptance of a grant for digital innovation.

The Board approved updates to the Park Code, authorizing the SFMTA to set parking rates at the Kezar Stadium Parking Lot and Golden Gate Park Underground Parking Facility. The ordinance also increased parking rates for berth-holders at the Marina Small Craft Harbor, clarified fines for violations on park property, and affirmed the authority of Park Patrol to enforce the Park Code. Supervisor Mandelman was excused from voting on the subsequent item due to a potential conflict of interest. The Board then approved an appropriation of $140,574 to the Department of Public Works for a safety needs assessment at Buena Vista Horace Mann K-8 Community School in FY2021-2022. Lastly, the Board approved retroactive acceptance and expenditure of a $3,407,000 grant from Bloomberg Philanthropies for digital innovation, amending the Annual Salary Ordinance to add several grant-funded positions at the Mayor's Office and the Office of the City Administrator. Supervisor Preston voted against this final ordinance.

Unfinished Business

Approval of planning code amendments regarding oil and gas facilities, and acceptance of power facilities in Mission Rock.

The Board approved amendments to the Planning Code, repealing Article 12 regarding oil and gas facilities, excluding oil and gas production from allowable industrial uses, and affirming the Planning Department’s determination under the California Environmental Quality Act. Supervisor Ronen requested to be added as a co-sponsor. The Board also approved an ordinance accepting the irrevocable offer of a 12-kilovolt power line and associated facilities servicing the Seawall Lot 337 and Pier 48 Mixed-Use Project in Mission Rock, dedicating the line to public use and accepting it for maintenance and liability purposes.

Unfinished Business

Continuation of ordinance regarding Sheriff's services.

The Board voted to continue consideration of an ordinance amending the Administrative Code to authorize the Sheriff to contract with private individuals and entities for supplemental law enforcement services to the December 7, 2021 meeting.

New Business

Approval of appropriation for social housing, and waiver of banner fees for a campaign.

The Board approved an appropriation of $64,150,000 from the Fiscal Cliff Reserve to the Mayor’s Office of Housing and Community Development for affordable, social housing in FY2021-2022. Supervisors Melgar, Safai, and Stefani voted against this ordinance. The Board also approved an ordinance waiving banner fees for the Office of Economic and Workforce Development to publicize the City’s “Shop & Dine in the 49” campaign for three years.

New Business

Approval of an agreement amendment for HIV prevention services and an agreement with PG&E for affordable housing projects.

The Board approved an amendment to the agreement between the San Francisco AIDS Foundation and the Department of Public Health to increase funding for HIV prevention services through City-wide syringe access and disposal services by $6,507,312 for a total amount not to exceed $42,115,471. Then approved an agreement between the City and County of San Francisco and Pacific Gas and Electric Company establishing requirements for certain affordable housing projects to connect to the electric grid for a term of ten or more years. Supervisors Mar, Preston, and Mandelman requested to be added as co-sponsors.

New Business

Approval of a property exchange agreement and application for a CDC grant

The Board ratified a Conditional Property Exchange Agreement with EQX Jackson SQ Holdco LLC for a transfer of City real property at 530 Sansome Street in exchange for a portion of the real property at 425-439 Washington Street, for Fire Department use. The board approved authorizing the Department of Public Health to submit a one-year application for Calendar Year 2022 to continue to receive funding for the Integrated HIV Surveillance and Prevention Programs for Health Departments from the Centers of Disease Control and Prevention, requesting $5,008,377 in HIV prevention funding for San Francisco from January 1, 2022, through December 31, 2022. (Public Health Department) Supervisor Mandelman requested to be added as a co-sponsor.

New Business

Approval of SF Unified School District general obligation bonds and conveyance of real property for affordable housing

The Board approved authorizing the issuance and sale of bonds of the San Francisco Unified School District. Prescribing the terms of sale of not to exceed $284,250,000 of said General Obligation Bonds, Election of 2016, Series C, by a negotiated sale. Supervisor Ronen requested to be added as a co-sponsor. The board approved and authorizing an agreement for the conveyance and acceptance by the Director of Property, on behalf of the Mayor’s Office of Housing and Community Development (“MOHCD”) and CH Acquisitions 2, LLC, of a parcel of real estate consisting of approximately 57,325 square feet in land area, located at 1979 Mission Street (“Property”), pursuant to a land dedication permitted under Planning Code, Section 249.33, to satisfy affordable housing obligations under Planning Code, Sections 415 et seq.

New Business

Ordinance regarding Cannabis Business Tax

The Board approved an ordinance amending the Business and Tax Regulations Code to suspend the imposition of the Cannabis Business Tax through December 31, 2022.

New Business

Ordinance regarding Medical Cannabis Dispensaries and Ordinance amending the Planning Code

The Board moved to continue consideration of amending the Planning Code to exempt Grandfathered Medical Cannabis Dispensaries that convert to Cannabis Retail Uses from neighborhood notification and review requirements to the Board of Supervisors meeting of December 7, 2021. The Board approved Ordinance amending the Planning Code to allow business signs on awnings or marquees in addition to projecting signs in various neighborhood commercial and residential-commercial districts, and in certain Chinatown mixed use districts; applying business sign controls to additional Neighborhood Commercial Districts. Supervisors Melgar, Ronen, and Mandelman requested to be added as co-sponsors.

New Business

Ordinance regarding amending the Police Code

The Board approved Ordinance amending the Police Code to clarify that the Office of Economic and Workforce Development (“OEWD”) may establish standards governing the certification of cannabis-related pre-apprenticeship programs that relate to social equity training, license incubation processes, underserved community outreach programs, and business plan development training; and amending the Health Code to extend from 120 days to between 150 and 180 days the period for which the Director of the Office of Cannabis (“OOC”) may grant temporary authorization to medical cannabis dispensaries (“MCDs”) to continue operating while they wait for the OOC to process their applications for cannabis business permits (“Temporary MCD Authorization”) with revisions.

New Business

Liquor license transfers

The Board moved to approve Liquor License Transfer - One Avenue of the Palms - Treasure Island Yacht Club and Liquor License Transfer - 4216-18 Street - Bottle Bacchanal

New Business

Board motion regarding appointments

The Board moved to approve the Mayor’s nomination for reappointment of Al Perez to the Entertainment Commission, for a term ending July 1, 2025

New Business

Commendations

The Board moved to suspend Rule 5.36 of the Rules of Order of the Board of Supervisors to grant privilege of the floor to the following guest(s): Bishop Megan Rhorer, Firefighter Ryan O’Donnell, Firefighter Tyler Kelly, Engine 51, Engine 14, Truck 14, Cliff Rescue 14, Rescue Boat 1, and B-07, Pat Mulligan, Director, Bianca Polovina, Linshao Chin, Maura Prendiville, and Josh Pastreich (Office of Labor Standards Enforcement) and Molly Alarcon (Office of the City Attorney), Joe Martinez and Melanie Santana (Mission Childcare Consortium) and Sergio Pina (El Corazon Gallery)

Public Testimony

Comments regarding agenda items

The Board heard from several members of the public who expressed various concerns regarding the teleconferenced meetings, the Resolution urging collaboration to agree on taxi medallion prices and loan forgiveness for taxi medallion holders , a housing cap program and the Department of Public Health and public access to Board meetings and affordable housing.

For Adoption Without Committee Reference

Resolution regarding pedestrian access for riders boarding public transit and Resolution regarding teleconferenced meetings

The Board moved to approve a Resolution urging the Municipal Transportation Agency (MTA) to develop and implement a plan to promote unobstructed pedestrian access for boarding public transit by eliminating parking in bus stops and making other necessary infrastructure improvements. The board approved a Motion making findings to allow teleconferenced meetings under California Government Code, Section 54953(e).

For Adoption Without Committee Reference

Resolution regarding taxi medallions

The Board moved to approve a Resolution urging the San Francisco Federal Credit Union to collaborate with the San Francisco Municipal Transportation Agency (SFMTA) on agreeable medallion prices, loan forgiveness for medallion holders, and other reforms.

Legislation Introduced

Various Legislation Introduced

The Board moved to introduce various pieces of legislation including: An Ordinance amending the Planning Code to designate Trocadero Clubhouse as a Landmark consistent with the standards set forth in Article 10 of the Planning Code; Ordinance amending the Administrative Code to create the Housing Innovation Program to develop, finance, and support certain additional housing opportunities for low-income and moderate-income residents; Ordinance amending the Planning Code to designate 2778-24th Street as a Landmark consistent with the standards set forth in Article 10 of the Planning Code; Ordinance amending the Planning Code to create a density bonus program in RH-1 (Residential, House, One-Family) and RH-2 (Residential, House, Two-Family) zoning districts; Resolution approving a third amendment to an emergency agreement between the Human Services Agency and SF Americania LLC, Resolution approving a fifth amendment to an emergency agreement between the Human Services Agency and 1231 Market Street Owner L.P.; Resolution retroactively authorizing the Department of Emergency Management to accept and expend a gift of new air filtration units with an estimated market value of $100,000 from the Bay Area Air Quality Management District; Resolution retroactively authorizing the Department of Children, Youth and Their Families to accept and expend a grant in the amount of $10,000,000 from Crankstart for support to community-based organizations; Resolution retroactively authorizing the Office of Economic and Workforce Development to accept and expend a grant in the amount of $500,000; Resolution apologizing on behalf of the Board of Supervisors of the City and County of San Francisco to Chinese immigrants and their descendants for systemic and structural discrimination; Resolution urging Congress to pass H.R. 5502, the INFORM Consumers Act;Resolution retroactively declaring November 15, 2021, as Rita Semel Day; Resolution approving for purposes of Internal Revenue Code, Section 147(f), the Issuance and Sale of Limited Obligation Improvement Bonds; Resolution approving for purposes of Internal Revenue Code, Section 147(f), the Reissuance (for federal income tax purposes) of Revenue Obligations; Motion appointing Chris Dillon to the Commission on the Aging Advisory Council; Motion appointing Irma Lewis and Jolene Yee to the Eastern Neighborhoods Community Advisory Committee; Motion establishing the 2022 Board of Supervisors Regular Meeting Schedule; Hearing to review the independent study on police staffing; Hearing to consider the review and approval of the Budget Guidelines for the Board of Supervisors/Clerk of the Board Annual Budget.

Legislation Introduced

Proposed Ordinances Introduced at the Request of a Department

The Board moved to introduce various Proposed Ordinances at the request of a department including: Ordinance authorizing settlement of the lawsuit filed by Peninsula Corridor Joint Powers Board; Ordinance authorizing settlement of the lawsuit filed by Dacari Spiers; Ordinance authorizing settlement of the lawsuit filed by Brendan Mannix; Ordinance authorizing settlement of the lawsuit filed by Leadwell Global Property LLC; Ordinance authorizing settlement of the lawsuit filed by Noel Clay; Ordinance amending the Administrative Code to authorize a cash revolving fund.

Legislation Introduced

Proposed Resolutions Introduced at the Request of a Department

The Board moved to introduce various Proposed Resolutions at the request of a department including: Resolution approving the settlement of the unlitigated claims filed by Luxe Valet, Inc.; Resolution approving and authorizing the execution of a No-Fee License with the City of Daly City; Resolution authorizing the Office of Contract Administration to enter into PeopleSoft Contract ID 1000023748 between the City and County of San Francisco and Intervision Systems LLC; Resolution authorizing the Office of Contract Administration to enter into a contract agreement between the City and County of San Francisco and Softnet Solutions LLC.