The San Francisco Board of Supervisors meeting on December 4, 2018, covered a wide array of topics, including the Central South of Market Area Plan, early care and education tax credits, building code modifications, and cannabis business regulations. Key actions included the final passage of an ordinance related to the Central South of Market Area Plan and the first readings of ordinances concerning refuse separation compliance, residential care facilities in certain zoning districts, and the creation of the African American Arts and Cultural District. The Board also approved resolutions declaring the results of the November 6, 2018, Consolidated General Election and approving a final map for a condominium project. Additionally, a Charter Amendment to establish the Free City College Fund was amended and continued, and several items were continued to future meetings. New legislation was introduced regarding educational revenue augmentation fund property taxes, street vacations for the Alemany Farmers’ Market, and implicit bias training for department heads and commissioners. Public comment addressed concerns about income limits for inclusionary housing, racial profiling, and mental health programs.
Supervisor Sandra Lee Fewer was excused from attending the meeting, as communicated to the Board of Supervisors by Angela Calvillo, Clerk of the Board. Supervisor Cohen, seconded by Supervisor Tang, made a motion to excuse Supervisor Fewer, which carried with a vote of 10 ayes and 1 excused.
President Cohen opened the floor for corrections to the October 30, 2018, Board Meeting Minutes, and upon receiving none, Supervisor Mandelman, seconded by Supervisor Ronen, moved to approve them. The motion carried with a vote of 10 ayes and 1 excused, following general public comment.
The Board considered Ordinance 180184, sponsored by the Mayor and Supervisor Kim, amending the Administrative and Planning Codes to give effect to the Central South of Market Area Plan. The ordinance encompassed an area generally bounded by Sixth Street, Second Street, Folsom, Howard, Stevenson Streets, and Townsend Street. The ordinance was found to be compliant under the California Environmental Quality Act and consistent with the General Plan. It was FINALLY PASSED by a vote of 10 ayes and 1 excused, becoming Ordinance No. 296-18.
Ordinance 181082, sponsored by Supervisors Kim and Yee, amending the Business and Tax Regulations Code to provide a credit against the Early Care and Education Commercial Rents Tax for the operation of certain child care facilities and to exclude amounts subject to the hotel or parking tax from the tax base, PASSED ON FIRST READING with a vote of 10 ayes and 1 excused. The item had a fiscal impact.
Ordinance 180282, regarding the dedication of the Brewster Street extension in Bernal Heights to public use, PASSED ON FIRST READING with a vote of 10 ayes and 1 excused. The ordinance declared the area as open public right-of-way for street and roadway purposes, established official sidewalk widths, accepted the extension for City maintenance and liability, and affirmed the Planning Department’s determination under the California Environmental Quality Act.
Ordinance 180778, sponsored by Supervisor Safai, amending the Building Code to modify the penalty for constructing an impervious surface in the front yard setback without a permit, PASSED ON FIRST READING with a vote of 10 ayes and 1 excused. The Planning Department's determination under the California Environmental Quality Act was affirmed, and the Clerk of the Board was directed to forward the Ordinance to the California Building Standards Commission upon final passage.
Ordinance 180935, sponsored by Supervisor Cohen, amending the Planning Code and Zoning Map to create the 1550 Evans Avenue Special Use District, PASSED ON FIRST READING with a vote of 10 ayes and 1 excused. The ordinance also affirmed the Planning Department's determination under the California Environmental Quality Act.
Ordinance 181026, sponsored by Supervisor Mandelman, amending the Public Works Code to create a Temporary Mobile Caterer permit for restaurants that cannot operate during mandatory seismic retrofits of their buildings, PASSED ON FIRST READING with a vote of 10 ayes and 1 excused.
Ordinance 181028, sponsored by Supervisors Kim, Peskin, Brown, and Mandelman, amending the Planning Code to eliminate minimum off-street parking requirements City-wide, was discussed. Jon Givner (Office of the City Attorney) answered questions. Supervisor Cohen initially moved to amend the Ordinance by removing District 10, but then rescinded this motion. Supervisor Yee requested the Ordinance be duplicated, resulting in File No. 181184. The original ordinance PASSED ON FIRST READING with a vote of 6 ayes and 4 noes. Separately, the duplicated Ordinance 181184, sponsored by Supervisor Kim, was REFERRED to the Land Use and Transportation Committee by a vote of 10 ayes and 1 excused.
Ordinance 181002, sponsored by Supervisor Cohen and co-sponsored by Supervisors Ronen, Mandelman, Kim, and Yee, amending the Police Code to prohibit private post-secondary educational institutions from asking about an applicant’s criminal history for admissions purposes, PASSED ON FIRST READING with a vote of 10 ayes and 1 excused. The ordinance also requires institutions to retain relevant records, authorizes the Office of Labor Standards Enforcement to investigate violations, and provides for a private right of action.
Motion 18-160, sponsored by Supervisor Tang, verifying that Q&M LLC located at 3657 Taraval Street has completed the preapplication meeting requirement for a new, non-transferable, Type-87 neighborhood-restricted special on-sale general liquor license, was APPROVED by a vote of 10 ayes and 1 excused.
Ordinance 180317, sponsored by Supervisor Cohen, amending the Campaign and Governmental Conduct Code to provide additional retaliation protections for whistleblowers, establish retaliation protections for City contractors, increase the remedies available for whistleblowers, and establish greater confidentiality protections for whistleblowers’ identities, PASSED ON FIRST READING with a vote of 10 ayes and 1 excused.
Ordinance 180925, amending the Administrative Code to authorize the Airport Commission to accept gifts for the SFO Museum collection, PASSED ON FIRST READING with a vote of 10 ayes and 1 excused. The item came from the Airport Commission.
Ordinance 180937, sponsored by Supervisor Kim, amending the Administrative Code to extend the sunset date of the Single Room Occupancy (SRO) Task Force by three years to December 31, 2021, eliminate one seat on the Task Force, and change the membership of one seat, PASSED ON FIRST READING with a vote of 10 ayes and 1 excused.
Ordinance 180960, sponsored by Supervisor Mandelman, amending the Administrative Code to designate the San Francisco Lesbian/Gay Freedom Band as the official band of the City and County of San Francisco, PASSED ON FIRST READING with a vote of 10 ayes and 1 excused.
Motion 181105, regarding the Mayoral appointment of Jeffrey Joshua Panzer to the Residential Rent Stabilization and Arbitration Board, was CONTINUED to the Board of Supervisors meeting of December 11, 2018, by a vote of 10 ayes and 1 excused. Supervisor Cohen, seconded by Supervisor Ronen, moved for the continuance. The transmittal date for the appointment was November 13, 2018.
The Board suspended Rule 5.36 to grant privilege of the floor to several guests. Supervisor Ronen presented a Certificate of Honor to Fred Pecker (ILWU Local 6) for his work supporting labor unions. Supervisor Yee presented a Certificate of Honor to the members of the Medical Reserve Corps and public health nurses for their service during the Butte and Yuba County fires. Supervisor Peskin presented a Certificate of Honor to the Chinatown cohort for their efforts on the "Our City, Our Home" initiative. Supervisor Ronen presented a Certificate of Honor to the Mission organizers for their work on the same initiative. Supervisor Kim presented a Certificate of Honor to the Coalition on Homeless for their advocacy to end homelessness. Supervisor Mandelman presented a Certificate of Honor to the LGBTQ cohort for their efforts on "Our City, Our Home." Supervisor Brown presented a Certificate of Honor to Christin Evans for her community organizing in Haight Ashbury. Supervisor Kim, on behalf of Supervisor Fewer, presented a Certificate of Honor to GLIDE for their work on the initiative.
Ordinance 180646, sponsored by Supervisors Safai and Tang, amending the Environment Code to require audits of large refuse generators for compliance with refuse separation, was AMENDED and PASSED ON FIRST READING AS AMENDED with a vote of 10 ayes and 1 excused. The amendment allows the Director to consider financial hardship waivers for affordable housing projects, non-profit wholesale food providers, and businesses selling fresh cut flowers, and allows two audits to achieve a remedy after a Director's notice for these entities. Supervisor Safai, seconded by Supervisor Tang, moved for the amendment.
Ordinance 180932, appropriating $200,000,000 of Special Tax Bonds for the Transbay Transit Center Project and Transbay Plan Infrastructure Project in FY2018-2019, PASSED ON FIRST READING with a vote of 9 ayes and 1 no (Supervisor Peskin) and 1 excused. Resolution 419-18, authorizing the issuance and sale of these Special Tax Bonds, and confirming annexation of properties into the Community Facilities District, was ADOPTED with a vote of 9 ayes and 1 no (Supervisor Peskin) and 1 excused.
Ordinance 181077, sponsored by the Mayor and co-sponsored by Supervisors Cohen, Kim, Ronen, and Yee, amending the Business and Tax Regulations Code to permit validation actions and impose a statute of repose with respect to Proposition C, PASSED ON FIRST READING with a vote of 10 ayes and 1 excused.
Ordinance 181078, appropriating federal and state revenue and re-appropriating funds for the Supplemental Security Income (SSI) Cash Out program and the CalWORKs Home Visiting Initiative program, PASSED ON FIRST READING with a vote of 10 ayes and 1 excused. Ordinance 181079, amending the Salary Ordinance to reflect the addition of 37 new positions for these programs, PASSED ON FIRST READING with a vote of 10 ayes and 1 excused.
Ordinance 180915, sponsored by Supervisors Mandelman and Yee, amending the Planning Code to allow Residential Care Facilities with seven or more persons as a principally permitted use in RH-3, RC, RM, and RTO Districts, Neighborhood Commercial Districts, and certain Mixed Use Districts, PASSED ON FIRST READING with a vote of 10 ayes and 1 excused.
Ordinance 180916, sponsored by Supervisor Peskin, amending the Planning Code to change zoning controls for Non-Retail Sales and Service Uses in the C-3-R (Downtown Retail) Zoning District, and amending the Planning and Administrative Codes to create the Union Square Park, Recreation, and Open Space Fund and Fee, was considered. This item was not sent as a Committee Report.
Ordinance 181031, sponsored by Supervisors Tang and Safai, amending the Planning Code to make permanent the pilot program removing neighborhood notice and Planning Commission review for certain uses in Neighborhood Commercial Districts in Supervisorial Districts 4 and 11, PASSED ON FIRST READING with a vote of 10 ayes and 1 excused.
Charter Amendment 181001, sponsored by Supervisor Kim and co-sponsored by Supervisors Mandelman, Yee, Ronen, Brown, Fewer, and Safai, to establish the Free City College Fund, was considered. Supervisor Safai requested to be added as a co-sponsor. Jon Givner responded to questions. The Board approved several sets of amendments to this Charter Amendment and it was CONTINUED AS AMENDED to the Committee of the Whole hearing at the Board of Supervisors meeting on December 11, 2018.
Ordinance 180805, sponsored by Supervisor Safai, amending the Police Code to require Cannabis Businesses to agree that 35% of new hires shall be graduates of State-approved apprenticeship programs or City-certified pre-apprenticeship programs, was CONTINUED ON FIRST READING to the Board of Supervisors meeting of December 11, 2018, by a vote of 10 ayes and 1 excused.
Ordinance 180912, sponsored by the Mayor and co-sponsored by Supervisors Mandelman and Cohen, amending the Police and Health Codes to make changes in the regulation of commercial cannabis activity, PASSED ON FIRST READING with a vote of 10 ayes and 1 excused. Israel Nieves responded to questions.
Ordinance 181023, amending the Administrative Code to extend the sunset date of the Public Utilities Revenue Bond Oversight Committee for an additional six years to January 1, 2025, PASSED ON FIRST READING with a vote of 10 ayes and 1 excused.
Ordinance 181080, sponsored by Supervisor Cohen and co-sponsored by Supervisor Ronen, amending the Administrative Code to establish the African American Arts and Cultural District in the Bayview Hunters Point neighborhood, PASSED ON FIRST READING AS AMENDED with a vote of 10 ayes and 1 excused. The ordinance requires City departments to submit written reports and recommendations and establishes the African American Arts and Cultural District Community Advisory Committee. An amendment was adopted clarifying language around improvements to public amenities and infrastructure in the District.
Mr. Wright shared concerns regarding the median income limits for inclusionary housing qualifications. Daniel Landry shared an incident of racial profiling that occured on October 5, 2018. Wynship W. Hillier shared concerns regarding mental health programs and requested the Board to stop funding Citywide Case Management/Community Focus.
Resolution 420-18, sponsored by Supervisor Cohen, declaring the results of the Consolidated General Election of November 6, 2018, was ADOPTED with a vote of 10 ayes and 1 excused.
Motion 18-161, approving Final Map 8519 for a six residential unit condominium project at 140 Divisadero Street, was APPROVED with a vote of 10 ayes and 1 excused.
Motion 18-162, establishing the 2019 Board of Supervisors Regular Meeting Schedule, including the cancellation of certain meetings and suspension of portions of Board Rule 4.2, was APPROVED with a vote of 10 ayes and 1 excused.
Ordinance 181185, sponsored by the Mayor and Supervisor Cohen, appropriating $181,000,000 in excess Education Revenue Augmentation Fund Property Taxes to the Department of Homelessness and Supportive Housing and Department of Public Health for homelessness and behavioral health services, and to the Mayor’s Office of Housing and Community Development for affordable housing projects, was introduced and ASSIGNED to the Budget and Finance Committee.
Ordinance 181186, sponsored by Supervisor Peskin and co-sponsored by Supervisors Ronen, Mandelman, Fewer, Kim and Yee, appropriating $181,000,000 of excess Education Revenue Augmentation Fund Property Taxes to the Mayor’s Office of Housing and Community Development and Department of Public Health for affordable housing small site, single residence occupancy hotel, and behavioral health acquisition and renovation, and to the Human Services Agency for early childhood education bridge funding, and to support utility distribution acquisition, was introduced and ASSIGNED to the Budget and Finance Committee.
Ordinance 181187, sponsored by Supervisor Ronen, ordering the summary street vacation of portions of Bradford Street, Ogden Avenue, and Crescent Avenue within the perimeter of the Alemany Farmers’ Market, approving jurisdictional transfers of property, affirming the Planning Department’s determination under the California Environmental Quality Act, and authorizing official acts, was introduced and ASSIGNED to the Land Use and Transportation Committee.
Ordinance 181188, sponsored by Supervisor Stefani, amending the Administrative Code to require department heads and members of City boards and commissions to complete implicit bias training, was introduced and ASSIGNED to the Rules Committee.
Ordinance 180917, sponsored by Supervisor Yee and co-sponsored by Supervisors Ronen, Kim, Cohen, Safai, and Brown, amending the Planning Code to permit an affordable dwelling unit with a State-licensed Small Family Child Care Home on the ground floor on certain commercial streets, was substituted and assigned to the Land Use and Transportation Committee.
Resolution 181189, sponsored by Supervisor Cohen and co-sponsored by Supervisors Mandelman, Peskin, Safai, Ronen, Fewer, Brown, Kim, Tang, Stefani and Yee, urging the Mayor’s Office to convene a roundtable to recommend a City and County pretrial services model that maintains the independence between pretrial services and law enforcement, was introduced and REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE at the next Board meeting.
Resolution 181190, sponsored by Supervisor Safai, extending by 90 days the Planning Commission's review of an Ordinance (File No. 180939) amending the Planning Code and Zoning Map to create the District 11 large residence Special Use District, was introduced and REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE at the next Board meeting.
Resolution 181191, sponsored by Supervisor Yee and co-sponsored by Supervisors Fewer, Tang, Kim, Peskin, Ronen, Brown, Safai, Mandelman, Stefani and Cohen, commemorating December 17, 2018, on the 75th Anniversary of the repeal of the Chinese Exclusion Act of 1943, was introduced and REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE at the next Board meeting.
Resolutions 181192, 181193, and 181194, sponsored by the Board of Supervisors, commending and honoring Supervisors Katy Tang, Jane Kim, and Malia Cohen for their distinguished service, respectively, were introduced and REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE at the next Board meeting.
A hearing of the Board of Supervisors to sit as a Committee of the Whole on January 15, 2019, at 3:00 p.m., to consider an Ordinance (File No. 180860) ordering the vacation of streets and an easement in the Sunnydale HOPE SF Project site was scheduled.
A hearing of the Board of Supervisors to sit as a Committee of the Whole on December 11, 2018, to consider the proposed Charter Amendment (File No. 181001) to establish the Free City College Fund was scheduled.
Lottery 181198, a lottery to determine the seniority of the newly elected Members of the Board of Supervisors, scheduled for the regular Board Meeting of Tuesday, December 11, 2018.
Ordinance 181145, from the City Attorney, authorizing settlement of the lawsuit filed by Sentinel Insurance Company, Ltd. against the City and County of San Francisco for $600,000. The lawsuit involves alleged damage from a leaking San Francisco Public Utilities Commission pipe and appropriating funds for this payment from the Public Utilities Commission Water Enterprise fund balance, RECEIVED AND ASSIGNED to the Government Audit and Oversight Committee.
Ordinance 181146, from the City Attorney, approving the settlement of the unlitigated claims filed by Sherry Jackson against the City and County of San Francisco for $105,000. The claims involve alleged property damages due to sewer flooding and appropriating funds for this payment from Public Utilities Commission Wastewater Enterprise fund balance, RECEIVED AND ASSIGNED to the Government Audit and Oversight Committee.
Resolution 181147, from the City Attorney, approving the settlement of the unlitigated claim filed by Jeffrey K. Schalk against the City and County of San Francisco for $43,719.45. The claim involves alleged property damages due to sewer flooding, RECEIVED AND ASSIGNED to the Government Audit and Oversight Committee.
Resolution 181148, from the City Attorney, approving the settlement of the unlitigated claim filed by Veritas-B Mezz 1, LLC, against the City and County of San Francisco for $2,035,769. The claim involves an alleged overpayment of transfer tax, RECEIVED AND ASSIGNED to the Government Audit and Oversight Committee.