Board of Supervisors Minutes: September 26, 2017

ental Quality Act; making findings of public necessity, convenience, and welfare under Planning Code, Section 302; and making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. Supervisor Kim, seconded by Supervisor Safai, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 5, Line 25, by adding ‘and 415.7’; on Page 10, Lines 16-18, by adding ‘if the principal housing project is a Rental Housing Project, or 33% if the principal housing project consists of Owned Units, or’; on Page 11, Line 18, by adding ‘Sec. 415.7. Off-Site Affordable Housing.’; on Page 12, Lines 6-11, by adding ‘affordable units as required by CDLAC and TCAC.’, striking ‘25% of the units as affordable at 50% of area median income for off-site housing. The income table to be used for such projects when the units are priced at 50% of area median income is the income table used by MOHCD for the Inclusionary Housing Program, not that used by TCAC or CDLAC.’, adding ‘(g)’ after ‘subsection’, and adding ‘415.7’ after ‘Section’; and making other clarifying and conforming changes. The motion carried by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

PASSED ON FIRST READING AS AMENDED by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

170862 [Setting Property Tax Rate and Establishing Pass-Through Rate for Residential Tenants - FY2017-2018] Sponsor: Mayor Ordinance levying property taxes at a combined rate of $1.1723 on each $100 valuation of taxable property for the City and County of San Francisco, San Francisco Unified School District, San Francisco Community College District, Bay Area Rapid Transit District, and Bay Area Air Quality Management District, and establishing a pass-through rate of $0.0890 per $100 of assessed value for residential tenants pursuant to Administrative Code, Chapter 37, for the fiscal year ending June 30, 2018. (Fiscal Impact) Ordinance No. 195-17 FINALLY PASSED by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

170419 [Planning Code - North Beach, Telegraph Hill, Broadway and Chinatown Area Controls] Sponsor: Peskin Ordinance amending the Planning Code to support Legacy Businesses; expand the definition of historic buildings and impose additional requirements in the Broadway Neighborhood Commercial District (NCD) and North Beach Special Use District (SUD); prohibit certain uses in the North Beach SUD; reduce the lot size limit in the North Beach SUD; modify the requirements for approval of parking garages in the Telegraph Hill-North Beach Residential SUD, the North Beach NCD, and Chinatown Mixed Use Districts; reduce off-street parking spaces permitted for residential uses in the Telegraph Hill-North Beach Residential SUD, and the Broadway and North Beach NCDs; and affirming the Planning Department’s determination under the California Environmental Quality Act, and making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1, and findings of public convenience, necessity, and welfare under Planning Code, Section 302. Ordinance No. 196-17 FINALLY PASSED by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

170837 [Building Code - Mandatory Disability Access Improvements - Extension of Time For Compliance and Report to the Board of Supervisors] Sponsor: Tang Ordinance amending Chapter 11D of the Building Code to extend the time for compliance with the requirement that an existing building with a place of public accommodation either have all primary entries and path of travel into the building accessible by persons with disabilities or receive from the City a determination of equivalent facilitation, technical infeasibility, or unreasonable hardship, the Department of Building Inspection’s report to the Board of Supervisors, and the limitation on granting extensions of time; restating the findings of local conditions under the California Health and Safety Code; and directing the Clerk of the Board of Supervisors to forward the legislation to the California Building Standards Commission upon final passage. Ordinance No. 200-17 FINALLY PASSED by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

161065 [Police Code - Rental Car Disclosure Requirements] Sponsors: Breed; Yee, Farrell, Ronen, Sheehy, Kim and Safai 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. Supervisor Safai requested to be added as a co-sponsor. Ordinance No. 201-17 FINALLY PASSED by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

170421 [Police Code - Rental Car Restrictions to Reduce Burglaries] Sponsors: Yee; Ronen, Sheehy, Kim, Breed and Safai Ordinance amending the Police Code to restrict visible barcodes and advertising on rental cars rented in the City or at San Francisco International Airport. Supervisor Safai requested to be added as a co-sponsor. Ordinance No. 197-17 FINALLY PASSED by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

Permit requirement; to allow a permittee to choose to pay an “in-lieu” fee instead of installing a street tree; to allow a permittee to choose to pay an “in-lieu” fee instead of permitting the installation of a mural on its Surface-Mounted Facility; to repeal the requirements that a permittee install landscaping or pay an “in-lieu” fee and maintain the required landscaping; to repeal the requirement that an applicant for a Surface-Mounted Facility Site Permit make reasonable efforts to locate the facility on private property before submitting an application; to require Public Works to submit a report to the Board of Supervisors every two years on the number of applications for Surface-Mounted Facility Site Permits submitted and issued and on maintenance and graffiti abatement activities at existing Surface-Mounted Facilities; to amend the requirement that a permittee maintain any required street tree; and to amend the Administrative Code to require that the mural “in-lieu” fees be deposited in the Public Works Street Beautification Fund to be used to fund murals and other beautification projects in the public right-of-way. Ordinance No. 198-17 FINALLY PASSED by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Ronen, Safai, Sheehy, Tang, Yee

Noes: Kim, Peskin

170556 [Park Code - Using Glass Beverage Containers in Parks] Sponsor: Sheehy Ordinance amending the Park Code to prohibit the use of glass beverage containers, with certain exceptions, in all City parks. Supervisor Sheehy, seconded by Supervisor Kim, moved that this Ordinance be CONTINUED ON FIRST READING to the Board of Supervisors meeting of October 24, 2017. The motion carried by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

170741 [Business and Tax Regulations Code - Central Market Street and Tenderloin Area Citizen's Advisory Committee] Sponsor: Kim Ordinance amending the Business and Tax Regulations Code to reduce the size of the Central Market Street and Tenderloin Area Citizen's Advisory Committee from eleven seats to five, set a sunset date for the Committee, prohibit the City Administrator from executing a Community Benefit Agreement subject to the Committee’s review until the Committee has had an opportunity to review the proposed agreement and make recommendations; and make other administrative changes. Ordinance No. 199-17 FINALLY PASSED by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

170553 [Public Works Code - Waiver of Temporary Street Space Occupancy Fee for Small Business Week Sidewalk Sales] Sponsor: Fewer Ordinance retroactively waiving the fee required by Public Works Code, Section 724.1(b), for temporary street space occupancy permits on certain City streets on Saturday, May 20, 2017, as part of Small Business Week sidewalk sales. PASSED ON FIRST READING by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

170688 [Grant Agreement - Department of Public Health - Proposition 47 Grant Program] Sponsor: Mayor Resolution retroactively authorizing the Director of Health to execute a grant agreement, on behalf of the City and County of San Francisco, with the California Board of State and Community Corrections for participation in the Proposition 47 Grant Program for the period of June 16, 2017, through August 15, 2020. Resolution No. 361-17 ADOPTED by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

170736 [Designation Agreement - McAuley Adolescent Behavioral Health Unit - Dignity Health-St. Mary’s Medical Center-San Francisco-Psychiatric Facility] Resolution designating McAuley Adolescent Behavioral Health Unit at Dignity Health-St. Mary’s Medical Center-San Francisco as an Evaluation and Treatment Facility, pursuant to California Welfare and Institutions Code, Sections 5150, 5585.50, and 5585.55, for minors; and authorizing the Director of Behavioral Health Services at the Department of Public Health to enter into a Designation Agreement with said facility. (Public Health Department) Resolution No. 362-17 ADOPTED by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

170831 [Lease Agreement - IDEO, LP - Pier 26 - Initial Total Monthly Base Rent of $90,118.35] Sponsor: Mayor Resolution approving Lease No. L-16159 between IDEO, LP, and the Port for approximately 26,901 square feet of office space located at Pier 26 Annex Building, for a term of eight years to commence following Board approval, with an initial total monthly base rent of $90,118.35 subject to an annual 3% increase. (Port) Resolution No. 363-17 ADOPTED by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

170947 [Accept and Expend Grant - National Endowment for the Arts Our Town - Market Street Prototyping Festival - $75,000] Sponsor: Farrell Resolution retroactively authorizing the Arts Commission to accept and expend a grant from the National Endowment for the Arts Our Town for the Market Street Prototyping Festival in the amount of $75,000 with a grant cycle from October 1, 2015, through September 30, 2017. (Arts Commission) Resolution No. 365-17 ADOPTED by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

The San Francisco Retirement System - Increasing Understanding and Adding Voter Oversight] Resolution responding to the Presiding Judge of the Superior Court on the findings and recommendations in the 2016-2017 Civil Grand Jury Report entitled "The San Francisco Retirement System - Increasing Understanding and Adding Voter Oversight;" and urging the Mayor to cause the implementation of accepted findings and recommendations through his/her department heads and through the development of the annual budget. (Clerk of the Board) Supervisor Peskin, seconded by Supervisor Ronen, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 7, Lines 16-18, by striking ‘will not be implemented because it is not warranted or reasonable; Trustees of the Retirement Board are obligated to act only in the fiduciary interests of the beneficiaries, and the current composition of the Retirement Board is sufficient’ and adding ‘requires further analysis as the Board of Supervisors needs to investigate the consequences of adding members to the Retirement Board, and will report back to the Civil Grand Jury by December 16, 2017’. The motion carried by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

Resolution No. 360-17 ADOPTED AS AMENDED by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

170809 [Affirming the Community Plan Evaluation - 1726-1730 Mission Street] Motion affirming the determination by the Planning Department that a proposed project at 1726-1730 Mission Street is exempt from further environmental review under a Community Plan Evaluation. (Clerk of the Board) Motion No. M17-151 Supervisor Ronen, seconded by Supervisor Safai, moved that this Motion be APPROVED. The motion carried by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

170810 [Conditionally Reversing the Community Plan Evaluation - 1726-1730 Mission Street] Motion conditionally reversing the determination by the Planning Department that a proposed project at 1726-1730 Mission Street is exempt from further environmental review under a Community Plan Evaluation, subject to the adoption of written findings of the Board in support of this determination. (Clerk of the Board) Supervisor Ronen, seconded by Supervisor Safai, moved that this Motion be TABLED. The motion carried by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

170811 [Preparation of Findings to Reverse the Community Plan Evaluation - 1726-1730 Mission Street] Motion directing the Clerk of the Board to prepare findings reversing a Community Plan Evaluation determination by the Planning Department that a proposed project at 1726-1730 Mission Street is exempt from further environmental review. (Clerk of the Board) Supervisor Ronen, seconded by Supervisor Safai, moved that this Motion be TABLED. The motion carried by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

170813 [Affirming the Final Environmental Impact Report Certification - 1500-1540 Market Street (One Oak Street)] Motion affirming the Planning Commission’s certification of the Final Environmental Impact Report prepared for the proposed project at 1500-1540 Market Street (One Oak Street). (Clerk of the Board) Motion No. M17-150 Supervisor Peskin, seconded by Supervisor Kim, moved that this Motion be APPROVED. The motion carried by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

170814 [Conditionally Reversing the Final Environmental Impact Report Certification - 1500-1540 Market Street (One Oak Street)] Motion conditionally reversing the Planning Commission’s certification of the Final Environmental Impact Report prepared for the proposed project at 1500-1540 Market Street (One Oak Street), subject to the adoption of written findings of the Board in support of this determination. (Clerk of the Board) Supervisor Peskin, seconded by Supervisor Kim, moved that this Motion be TABLED. The motion carried by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

170815 [Preparation of Findings to Reverse the Final Environmental Impact Report Certification - 1500-1540 Market Street (One Oak Street)] Motion directing the Clerk of the Board to prepare findings related to reversing the Planning Commission’s certification of the Final Environmental Impact Report for the proposed project at 1500-1540 Market Street (One Oak Street). (Clerk of the Board) Supervisor Peskin, seconded by Supervisor Kim, moved that this Motion be TABLED. The motion carried by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

170890 [Approving the Decision of the Public Works Director to Revoke a Flower-Vending Stand Permit - 250 Post Street] Motion approving the decision of the Public Works Director to revoke the Flower-Vending Stand Permit authorizing placement and operation of a flower-vending stand on the sidewalk at 250 Post Street, and rejecting the appeal of Harold Hoogasian. (Clerk of the Board) Motion No. M17-149 Supervisor Peskin, seconded by Supervisor Yee, moved that this Motion be APPROVED. The motion carried by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Tang, Yee

Noes: Sheehy

170891 [Conditionally Disapproving the Decision of the Public Works Director to Revoke a Flower-Vending Stand Permit - 250 Post Street] Motion conditionally disapproving the decision of the Public Works Director to revoke the Flower-Vending Stand Permit authorizing placement and operation of flower-vending stand on sidewalk at 250 Post Street, and upholding the appeal of Harold Hoogasian, subject to the adoption of written findings of the Board in support of this determination. (Clerk of the Board) Supervisor Peskin, seconded by Supervisor Yee, moved that this Motion be TABLED. The motion carried by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Tang, Yee

Noes: Sheehy

170892 [Preparation of Findings Related to Board’s Disapproval of the Decision of Public Works Director to Revoke Flower-Vending Stand Permit - 250 Post Street] Motion directing the Clerk of the Board to prepare findings relating to the Board of Supervisors' decision to disapprove the decision of Public Works Director to revoke the Flower-Vending Stand Permit authorizing placement and operation of flower-vending stand on sidewalk at 250 Post Street, and uphold the appeal of Harold Hoogasian. (Clerk of the Board) Supervisor Peskin, seconded by Supervisor Yee, moved that this Motion be TABLED. The motion carried by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Tang, Yee

Noes: Sheehy

170945 [Adopting the Vision, Goals, and Objectives of The Bay Area Comprehensive Economic Development Strategy - Establish a County Regional Economic Development District] Sponsors: Mayor; Yee Resolution adopting the Vision, Goals and Objectives of The Bay Area Comprehensive Economic Development Strategy to establish a nine county regional Economic Development District recognized by the United States Economic Development Administration, to improve access to economic and workforce related grants and technical assistance from federal and state agencies and private foundations to foster greater public and private collaboration in addressing economic, workforce and equity issues that no single jurisdiction, organization or enterprise can solve alone. Resolution No. 364-17 ADOPTED by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

ities, (iii) pay capitalized interest on the Tax-Exempt Bonds, and (iv) pay certain expenses incurred in connection with the issuance of the Tax-Exempt Bonds; and (b) in accordance with the Joint Exercise of Powers Agreement, dated as of January 1, 2004, among the Authority and certain local agencies, including the City, as amended from time to time, the issuance of revenue bonds or a loan by the Authority in an aggregate issue price not to exceed $13,000,000 (the “Taxable Bonds” and, together with the Tax-Exempt Bonds, the “Bonds”) to (i) refinance all or a portion of certain outstanding debt obligations that originally financed and refinanced the construction, equipping and furnishing of facilities, within the City, leased and occupied by the Borrower, in connection with the provision of educational and other services in the City, including the instruction of students enrolled in its undergraduate and graduate fine arts degree programs, (ii) finance additional improvements to such facilities, (iii) pay capitalized interest on the Taxable Bonds, and (iv) pay certain expenses incurred in connection with the issuance of the Bonds. Resolution No. 366-17 ADOPTED by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

170950 [Approving Issuance of Bonds - California Statewide Communities Development Authority - San Francisco Museum of Modern Art - Not to Exceed $30,000,000] Sponsor: Kim Resolution approving in accordance with Section 147(f) of the Internal Revenue Code of 1986, as amended, the issuance of tax-exempt obligations by the California Statewide Communities Development Authority in an aggregate principal amount not to exceed $30,000,000 for the financing or refinancing of various capital facilities owned or to be owned by San Francisco Museum of Modern Art. Resolution No. 345-17 ADOPTED by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

171020 [Jean Alexander Day - September 26, 2017] Sponsor: Peskin Resolution declaring September 26, 2017, as Jean Alexander Day in the City and County of San Francisco, in recognition of her many years of outstanding service in the City Attorney’s Office and her well-deserved retirement. Resolution No. 368-17 ADOPTED by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

City and County of San Francisco Page 722 Printed at 11:49 am on 10/23/17 Board of Supervisors Meeting Minutes 9/26/2017 Supervisor Ronen requested that File No. 171022 be severed so that it may be considered separately. Supervisor Safai Excused from Voting Supervisor Safai requested to be excused from voting on File No. 171022, due to a possible conflict of interest. Supervisor Peskin, seconded by Supervisor Kim, moved that Supervisor Safai be excused from voting on File No. 171022, due to a possible conflict of interest. The motion carried by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Sheehy, Tang, Yee

Excused: Safai

171022 [Adopting Findings Reversing the Final Mitigated Negative Declaration - 3516 and 3526 Folsom Street] Motion adopting findings reversing the approval by the Planning Commission of a final mitigated negative declaration under the California Environmental Quality Act for a proposed project at 3516 and 3526 Folsom Street. (Clerk of the Board) Supervisor Ronen, seconded by Supervisor Kim, moved that this Motion be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 4, Lines 3-5, by adding ‘FURTHER MOVED, That a site-specific Emergency Response and Evacuation Plan be prepared to ensure adequate access for emergency response and the ability for a safe and timely evacuation; and, be it’, and Lines 7-9, by adding ‘, and the Emergency Response and Evacuation Plan shall be reviewed and approved by the Fire Department, Planning Department, and PG&E,’. The motion carried by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Sheehy, Tang, Yee

Excused: Safai

Motion No. M17-152 APPROVED AS AMENDED by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Sheehy, Tang, Yee

Excused: Safai