Board of Supervisors Minutes: January 9, 2018

170943 [Accept Gift - Alta Laguna, LLC - 55 Laguna Street; In-Kind Agreement] Sponsor: Sheehy Ordinance accepting as a gift to the City from Alta Laguna, LLC certain costs of constructing public open space and community facility improvements at 55 Laguna Street, pursuant to an In-Kind Agreement with the City; accepting as a gift the costs associated with maintaining the improvements; and making findings under the California Environmental Quality Act. Ordinance No. 004-18 FINALLY PASSED by the following vote:

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

Noes: None

171250 [Appropriation - State and Federal Contingency Reserve - Backfill the Loss of Funding of Various Programs - $9,559,117 - FY2017-2018] Sponsors: Mayor; Cohen Ordinance appropriating $9,559,117 from State and Federal Contingency Reserve to the Human Service Agency to backfill the loss of State In-Home Supportive Services (IHSS) revenue at $4,450,000 and fund unanticipated payment liability to the State for the IHSS Maintenance of Effort due to unanticipated changes at the State level at $4,350,000; to the Department of Public Health to fund the Center of Disease Control's HIV/AIDS program due to loss of funding at $686,503; and to the Department of Administrative Services to support recipients of the Deferred Action for Childhood Arrival program at $72,614 for FY2017-2018. (Fiscal Impact) Ordinance No. 007-18 FINALLY PASSED by the following vote:

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

Noes: None

171157 [Emergency Declaration - Design and Construction of Department of Homelessness and Supportive Housing’s Administrative Offices and Access Point - 440 Turk Street] Sponsor: Mayor Resolution declaring an emergency, and authorizing and directing the Director of Public Works, or designee thereof, to construct an access point to front-door services, case management, medical attention, and mental health counseling to individuals affected by homelessness at the Department of Homelessness and Supportive Housing property at 440 Turk Street, pursuant to Administrative Code, Section 6.60(a). (Fiscal Impact) Supervisor Kim, seconded by Supervisor Peskin, moved that this Resolution be TABLED. The motion carried by the following vote:

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

Noes: None

170830 [Transportation Code - Motorized Scooter and Moped Parking Restrictions] Ordinance amending the Transportation Code to permit motorized scooters and mopeds to park in designated motorcycle parking spaces; and affirming the Planning Department’s determination under the California Environmental Quality Act. (Municipal Transportation Agency) Ordinance No. 001-18 FINALLY PASSED by the following vote:

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

Noes: None

170931 [Transportation Code - Shared Vehicle Parking Restrictions] Ordinance amending the Transportation Code to change the term “Car Share Vehicle” to “Shared Vehicle” and permit Shared Vehicles to park in designated parking spaces; and affirming the Planning Department’s determination under the California Environmental Quality Act. (Municipal Transportation Agency) Ordinance No. 002-18 FINALLY PASSED by the following vote:

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

Noes: None

170937 [Administrative Code - Tenant Assistance Fund for Hazardous Housing] Sponsors: Mayor; Safai and Ronen Ordinance amending the Administrative Code to establish the Tenant Assistance Fund for Hazardous Housing and to allow certain eligible tenants displaced due to administrative orders to vacate issued by the Department of Building Inspection or the Fire Department to receive financial assistance from the Fund for up to two years. Ordinance No. 003-18 FINALLY PASSED by the following vote:

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

Noes: None

171106 [Administrative Code - Reauthorizing Sentencing Commission] Sponsor: Cohen Ordinance amending the Administrative Code to reauthorize the San Francisco Sentencing Commission; and suspend the provisions of Board Rule 2.21 to extend the sunset date to June 30, 2023. (Board Rule 5.2, Suspension of Rules provides that any rule may be suspended by the affirmative vote of eight Supervisors unless there are fewer than eight Supervisors present, in which case the unanimous consent of the Supervisors present, but not less than six, shall be required.) Ordinance No. 005-18 FINALLY PASSED by the following vote:

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

Noes: None

171107 [Administrative Code - Appraisals for Jurisdictional Transfers of Real Property for Affordable Housing] Sponsor: Peskin Ordinance amending the Administrative Code to exempt certain City jurisdictional transfers for affordable housing from appraisal requirement. Ordinance No. 006-18 FINALLY PASSED by the following vote:

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

Noes: None

171133 [Business and Tax Regulations Code - Minimum Filing Thresholds for Gross Receipts Tax and Payroll Expense Tax] Ordinance amending the Business and Tax Regulations Code to raise the thresholds above which persons are required to file gross receipts tax and payroll expense tax returns, so that persons who qualify for the small business exemption from either tax are exempt from filing returns for that tax, other than persons taking certain tax exclusions. (Treasurer-Tax Collector) PASSED ON FIRST READING by the following vote:

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

Noes: None

171155 [Business and Tax Regulations Code - Sugary Drinks Distributor Tax Administration] Sponsor: Cohen Ordinance amending the Business and Tax Regulations Code to administer the Sugary Drinks Distributor Tax. PASSED ON FIRST READING by the following vote:

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

Noes: None

171172 [Authorizing Agreements - Purchase of Electricity and Related Products and Services for CleanPowerSF - Public Utilities Commission] Sponsors: Peskin; Fewer Ordinance delegating authority under Charter, Section 9.118, to the General Manager of the Public Utilities Commission to enter into agreements with terms in excess of ten years or requiring expenditures of $10,000,000 or more for power and related products and services required to supply San Francisco’s community choice aggregation program, CleanPowerSF, subject to specified conditions, as defined herein; and authorizing deviations from certain otherwise applicable contract requirements in the Administrative Code and the Environment Code. (Public Utilities Commission) (Fiscal Impact) Supervisor Fewer requested to be added as a co-sponsor. PASSED ON FIRST READING by the following vote:

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

Noes: None

171136 [Agreement Amendment - San Francisco AIDS Foundation - Department of Public Health - HIV Prevention Services - Not to Exceed $26,182,364] Resolution approving a fifth amendment to the agreement between the Department of Public Health and the San Francisco AIDS Foundation to provide HIV Prevention Services, and to extend the contract by two years for a total contract term of September 1, 2011, through June 30, 2020, and increase the agreement amount by $5,950,952 for a total amount not to exceed $26,182,364. (Public Health Department) (Fiscal Impact) Resolution No. 002-18 ADOPTED by the following vote:

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

Noes: None

171174 [Contract Amendment No. 2 - Richmond Area Multi-Services, Inc. - Department of Public Health - Vocational Rehabilitation Program - Not to Exceed $20,739,037] Resolution approving Amendment No. 2 to the Department of Public Health contract for behavioral health services with Richmond Area Multi-Services, Inc., for Vocational Rehabilitation Program, to extend the contract by two years and ten months, for a total term of January 1, 2016, through October 31, 2020, with a corresponding increase of $11,180,749 for a total amount not to exceed $20,739,037. (Public Health Department) (Fiscal Impact) Resolution No. 003-18 ADOPTED by the following vote:

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

Noes: None

171175 [Contract Amendment No. 1 - Richmond Area Multi-Services, Inc. - Department of Public Health - Behavioral Health Services - Not to Exceed $19,047,465] Resolution approving Amendment No. 1 to the Department of Public Health contract for behavioral health services with Richmond Area Multi-Services, Inc., for Peer to Peer Employment Program, to extend the contract by two years and six months, for a total term of July 1, 2015, through June 30, 2020, with a corresponding increase of $9,829,126 for a total amount not to exceed $19,047,465. (Public Health Department) (Fiscal Impact) Resolution No. 004-18 ADOPTED by the following vote:

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

Noes: None

171216 [Agreement Amendment - Kennedy Jenks Consultants, Inc./Bahman Sheikh Water Reuse Consulting/Water Resources Engineering, Inc. - Westside Recycled Water Project - Not to Exceed $8,000,000] Resolution authorizing the General Manager of the San Francisco Public Utilities Commission to execute Amendment No. 2 to Agreement No. CS-109, Specialized Engineering Services, Recycled Water Projects with Kennedy Jenks Consultants, Inc./Bahman Sheikh Water Reuse Consulting/Water Resources Engineering, Inc. a Joint Venture, to continue providing additional engineering services in support of the Westside Recycled Water Project, increasing the agreement by $2,500,000 for a total not to exceed agreement amount of $8,000,000 and with a time extension of three years, for a total agreement duration of 12 years, subject to the Board of Supervisors approval pursuant to Charter, Section 9.118. (Public Utilities Commission) (Fiscal Impact) Resolution No. 005-18 ADOPTED by the following vote:

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

Noes: None

171154 [Re-Appropriation - Lease and Tenant Improvement Costs at 170-9th Street - Department of Homelessness and Supportive Housing - $4,093,100 - FY2017-2018] Sponsor: Mayor Ordinance re-appropriating $4,093,100 of lease and tenant improvement cost at 170-9th Street for the renovation of the building at 440 Turk Street for Department of Homelessness and Supportive Housing in FY2017-2018. (Fiscal Impact) PASSED ON FIRST READING by the following vote:

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

Noes: None

171018 [Street Name Change - From the 600 Block of Stevenson Street to "Odd Fellows Way"] Sponsor: Kim Resolution to rename the 600 block of Stevenson Street to “Odd Fellows Way,” in recognition to the historical significance of the architectural and cultural contributions the Odd Fellows have made to the City and County of San Francisco. Resolution No. 001-18 ADOPTED by the following vote:

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

Noes: None

171268 [Affirming the Categorical Exemption Determination - 2417 Green Street] Motion affirming the determination by the Planning Department that a proposed project at 2417 Green Street is categorically exempt from further environmental review. (Clerk of the Board) Supervisor Farrell, seconded by Supervisor Peskin, 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

Noes: None

171269 [Conditionally Reversing the Categorical Exemption Determination - 2417 Green Street] Motion conditionally reversing the determination by the Planning Department that the proposed project at 2417 Green Street is categorically exempt from further environmental review, subject to the adoption of written findings of the Board in support of this determination. (Clerk of the Board) Motion No. M18-001 Supervisor Farrell, seconded by Supervisor Peskin, 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

Noes: None

171270 [Preparation of Findings to Reverse the Categorical Exemption Determination - 2417 Green Street] Motion directing the Clerk of the Board to prepare findings reversing the determination by the Planning Department that the proposed project at 2417 Green Street is categorically exempt from further environmental review. (Clerk of the Board) Motion No. M18-002 Supervisor Farrell, seconded by Supervisor Peskin, 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

Noes: None

of persons interested in or objecting to the determination of exemption from environmental review under the California Environmental Quality Act issued as a Categorical Exemption by the Planning Department on October 24, 2017, approved on November 23, 2017, for the proposed project for ExtenNet Systems Inc. - T-Mobile Cell Sites to install wireless service facilities on an existing Joint Pole Association-owned wooden pole at the approximate address of 401 Main Street. (District 6) (Appellant: Stephen Williams of the Law Offices of Stephen M. Williams, on behalf of Portside Homeowners Association) (Filed November 30, 2017) (Clerk of the Board) President Breed opened the public hearing and Supervisor Kim informed the Board that a continuance was requested by the appellant and project sponsor. President Breed then inquired as to whether any member of the public wished to address the Board regarding the proposed continuance. There were no speakers. President Breed closed public comment on the continuance. Supervisor Kim, seconded by Supervisor Ronen, moved that this Hearing be CONTINUED to the Board of Supervisors meeting of February 27, 2018. The motion carried by the following vote:

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

Noes: None

171301 [Affirming the Categorical Exemption Determination - 401 Main Street] Motion affirming the determination by the Planning Department that a proposed project at 401 Main Street is categorically exempt from further environmental review. (Clerk of the Board) Supervisor Kim, seconded by Supervisor Ronen, moved that this Motion be CONTINUED to the Board of Supervisors meeting of February 27, 2018. The motion carried by the following vote:

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

Noes: None

171302 [Conditionally Reversing the Categorical Exemption Determination - 401 Main Street] Motion conditionally reversing the determination by the Planning Department that the proposed project at 401 Main Street is categorically exempt from further environmental review, subject to the adoption of written findings of the Board in support of this determination. (Clerk of the Board) Supervisor Kim, seconded by Supervisor Ronen, moved that this Motion be CONTINUED to the Board of Supervisors meeting of February 27, 2018. The motion carried by the following vote:

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

Noes: None

171303 [Preparation of Findings to Reverse the Categorical Exemption Determination - 401 Main Street] Motion directing the Clerk of the Board to prepare findings reversing the determination by the Planning Department that the proposed project at 401 Main Street is categorically exempt from further environmental review. (Clerk of the Board) Supervisor Kim, seconded by Supervisor Ronen, moved that this Motion be CONTINUED to the Board of Supervisors meeting of February 27, 2018. The motion carried by the following vote:

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

Noes: None

171169 [Closed Session - Labor Negotiations - January 9, 2018] Closed Session for the Board of Supervisors to convene on January 9, 2018, at 3:00 p.m., with the Department of Human Resources under Administrative Code, Section 67.10(e), and California Government Code, Section 54957.6, regarding labor negotiations of the City’s open labor contracts; scheduled pursuant to Motion No. M17-172, approved October 31, 2017. (Clerk of the Board) Although it was not required, Supervisor Peskin, seconded by Supervisor Ronen, moved to convene in closed session. The motion carried by the following vote, following general public comment:

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

Noes: None

pursuant to Motion No. M17-172 (File No. 171146), approved on October 31, 2017. The following Supervisors were noted present: Supervisors Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee Persons in attendance: Jon Givner, Deputy City Attorney; Melissa Whitehouse (Mayor’s Office); Lawanna Preston and Carol Isen (Department of Human Resources); and Angela Calvillo, Clerk of the Board, and Alisa Somera (Office of the Clerk of the Board). Supervisor Kim was noted absent at 6:36 p.m. and for the remainder of the meeting. The matter was heard in closed session, no action was taken, and the hearing was filed. RECONVENED AS THE BOARD OF SUPERVISORS The Board reconvened at the hour of 6:38 p.m. The following Supervisors were noted present: Supervisors Breed, Cohen, Farrell, Fewer, Peskin, Ronen, Safai, Sheehy, Tang, Yee HEARD IN CLOSED SESSION [Elect Not to Disclose] Motion that the Board finds that it is in the best interest of the public that the Board elect at this time not to disclose its closed session deliberations. Supervisor Peskin, seconded by Supervisor Yee, moved not to disclose its Closed Session deliberations. The motion carried by the following vote:

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

Noes: None

Absent: Kim

171095 [General Plan Amendment - Western Shoreline Area Plan (Local Coastal Plan)] Sponsors: Tang; Peskin Ordinance amending the Western Shoreline Area Plan of the General Plan, San Francisco’s Local Coastal Program Land Use Plan, to add an objective to preserve, enhance, and restore the Ocean Beach shoreline while protecting public access, scenic quality, natural resources, critical public infrastructure, and existing development from coastal hazards; 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. (Planning Commission) PASSED ON FIRST READING by the following vote:

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

Noes: None

171290 [Interim Zoning Controls - Conditional Use for Restaurants and Storefront Mergers] Sponsor: Ronen Resolution imposing interim zoning controls to require that for a 15-month period a Conditional Use authorization is required for a proposed restaurant use and for a commercial storefront merger resulting in a non-residential use size of 2,000 gross square feet or larger in the area generally defined by the following boundaries: 13th, Duboce, and Division Streets to the north, Mission Street to the west (including any parcel with a property line on either side of Mission Street), Cesar Chavez Street to the south, and Potrero Avenue to the east; 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. Resolution No. 006-18 ADOPTED by the following vote:

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

Noes: None

180017 [Adoption of Findings Related to Conditional Use Authorization - Proposed Project at 2161-2165 Irving Street] Motion adopting findings in support of the Board of Supervisors’ disapproval of the decision of the Planning Commission by its Motion No. 20027, approving a Conditional Use Authorization identified as Planning Case No. 2016-002424CUA for a proposed project located at 2161-2165 Irving Street, and the Board’s approval of a Conditional Use Authorization for the same Planning Case and property with additional conditions. (Clerk of the Board) Motion No. M18-003 APPROVED The foregoing items were acted upon by the following vote:

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

Noes: None