Board of Supervisors Minutes: March 20, 2018

180230 [Appointments, Park, Recreation, and Open Space Advisory Committee - Mark Scheuer and Steven Currier] Motion appointing and Mark Scheuer and Steven Currier, terms ending February 1, 2020, to the Park, Recreation and Open Space Advisory Committee. (Rules Committee) Motion No. M18-031 APPROVED The foregoing items were acted upon by the following vote:

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

Excused: Peskin

171318 [Public Works Code - Fees for Autonomous Delivery Device Testing and Nighttime Work Permits] Sponsor: Yee Ordinance amending the Public Works Code to establish fees for Autonomous Delivery Device Testing permits and appeals of Public Works Director’s decisions regarding such permits; and to increase fees for Nighttime Work permits. Ordinance No. 050-18 FINALLY PASSED by the following vote:

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

Excused: Peskin

180078 [Planning Code - Landmark Designation - Wall at the Intersection of Diamond Heights Boulevard and Clipper Street (aka Diamond Heights Safety Wall)] Sponsor: Sheehy Ordinance amending the Planning Code to designate the wall located at the intersection of Diamond Heights Boulevard and Clipper Street (aka Diamond Heights Safety Wall), in Assessor’s Parcel Block No. 7504, Lot No. 011, as a Landmark under Article 10 of the Planning Code; affirming the Planning Department’s determination under the California Environmental Quality Act; making public necessity, convenience, and welfare findings 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. (Historic Preservation Commission) Supervisor Sheehy, seconded by Supervisor Safai, moved that this Ordinance be RE-REFERRED to the Land Use and Transportation Committee. The motion carried by the following vote:

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

Excused: Peskin

180113 [De-Appropriation and Re-Appropriation - Airport Enterprise Fund - From Permanent Salaries Budget to Overtime Budget - Increased Overtime Expense for Security Services at the Airport Bureau - Police Department - $926,000 - FY2017-2018] Sponsor: Mayor Ordinance de-appropriating $926,000 of permanent salaries budget and re-appropriating $926,000 to overtime budget in the Police Department’s operating budget in order to support the Department’s increased overtime expense for security services at the Airport Bureau in FY2017-2018, as required per Ordinance No. 194-11; this Ordinance requires a two-thirds vote of all members of the Board of Supervisors for approval, pursuant to Charter, Section 9.113(c). (Fiscal Impact) (Pursuant to Charter, Section 9.113(c), this matter shall require a vote of two-thirds (8 votes) of all members of the Board of Supervisors to approve such supplemental appropriation ordinance for passage.) PASSED ON FIRST READING by the following vote:

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

Excused: Peskin

180186 [De-Appropriation and Re-Appropriation - From Salaries, Fringe Benefits, Non-Personnel Services - Overtime and Salary Expenditures - Various Departments - $13,348,029 - FY2017-2018] Sponsor: Mayor Ordinance de-appropriating $13,348,029 from permanent salaries, fringe benefit expenses, and non-personnel services, and appropriating $13,348,029 to overtime in the Sheriff’s Department, Police Department, and the Department of Emergency Management operating budgets in order to support the Departments projected increases in overtime in FY2017-2018, as required per Ordinance No. 194-11, and to salaries in the Public Health Department; this Ordinance requires a two-thirds vote of all members of the Board of Supervisors for approval of the Sheriff’s Department, Police Department, the Department of Public Health and the Department of Emergency Management appropriations, pursuant to Charter, Section 9.113(c). (Fiscal Impact) (Pursuant to Charter, Section 9.113(c), this matter shall require a vote of two-thirds (8 votes) of all members of the Board of Supervisors to approve such supplemental appropriation ordinance for passage.) PASSED ON FIRST READING by the following vote:

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

Excused: Peskin

180079 [Lease Agreement - DFS Group, LP - Airport Concession - $42,000,000 Minimum Annual Guarantee] Resolution approving the International Terminal Duty Free and Luxury Stores Lease No. 17-0303 between DFS Group, LP and the City and County of San Francisco, acting by and through its Airport Commission, for a 14-year term, to commence following Board approvals, and an initial Minimum Annual Guarantee of $42,000,000. (Airport Commission) Resolution No. 066-18 ADOPTED by the following vote:

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

Excused: Peskin

180119 [Accept and Expend Grant - Federal Emergency Management Agency - Fire Equipment and Stress Unit Resources - $785,762] Sponsor: Mayor Resolution retroactively authorizing the Fire Department to accept and expend a grant in the amount of $785,762 from the Federal Emergency Management Agency to purchase thermal imaging cameras and resources for its Stress Unit for a one-year period of performance of May 5, 2017, through May 4, 2018, and waiving indirect costs. (Fire Department) Resolution No. 067-18 ADOPTED by the following vote:

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

Excused: Peskin

180120 [Accept and Expend Grant - Federal Emergency Management Agency - Fire Department - Youth Firesetter Program - $215,380] Sponsor: Mayor Resolution retroactively authorizing the Fire Department to accept and expend a grant in the amount of $215,380 from the Federal Emergency Management Agency for resources related to the Youth Firesetter Prevention & Intervention Program for a one-year period of performance of September 1, 2017, through August 31, 2018, and waiving indirect costs. (Fire Department) Resolution No. 068-18 ADOPTED by the following vote:

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

Excused: Peskin

171317 [Health Code - Banning Sale and Manufacture of Animal Fur Products] Sponsors: Tang; Sheehy Ordinance amending the Health Code to ban the sale and manufacture in San Francisco of animal fur products. Supervisor Sheehy requested to be added as a co-sponsor. Supervisor Tang, seconded by Supervisor Stefani, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 5, Lines 15-21, by adding a new ‘Section 1D.4(e)’ to read ‘(e) The enforcement provisions in Section 1D.5(b) shall not apply to persons or entities engaged in the sale, offer for sale, display for sale, trade, gift, donation, or other distribution of a Fur Product between January 1, 2019 and December 31, 2019, if the person or entity selling, offering for sale, displaying for sale, trading, giving, donating, or otherwise distributing the Fur Product purchased or obtained the Fur Product on or before March 20, 2018, so long as the person or entity produces upon the Director’s request an invoice showing that the person or entity purchased or obtained the Fur Produce on or before March 20, 2018.’ The motion carried by the following vote:

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

Excused: Peskin

PASSED ON FIRST READING AS AMENDED by the following vote:

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

Excused: Peskin

180087 [Park, Health Codes - Transbay Rooftop Park] Sponsor: Kim Ordinance amending the Park Code to treat the rooftop park located above the Transbay Transit Center as a City park for certain purposes; amending the Health Code to prohibit smoking on the rooftop park; and affirming the Planning Department’s determination under the California Environmental Quality Act. PASSED ON FIRST READING by the following vote:

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

Excused: Peskin

Cohen; Kim, Yee and Ronen Ordinance amending the Police Code to prohibit employers and housing providers from inquiring about, requiring disclosure of, or basing housing and employment decisions on convictions for decriminalized behavior, including the non-commercial use and cultivation of cannabis; reducing from 20 to 5 the number of employees required for an employer to be covered by the Fair Chance Ordinance (Article 49); prohibit employers and housing providers from inquiring about, requiring disclosure of, or basing housing and employment decisions on a person's conviction history until after a conditional offer of employment; authorize the City to impose penalties for the first violation of that Ordinance, increase the penalties for subsequent violations, and authorize the payment of penalties to the victims of those violations; create a private right of action for the victims; and amend the Administrative Code to, among other things, as defined herein, require City contractors and subcontractors to adhere to the above requirements when making decisions regarding employment of persons for work on City contracts and subcontracts. PASSED ON FIRST READING by the following vote:

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

Excused: Peskin

180088 [Administrative Code - Mayoral Appearance at the Board of Supervisors] Sponsors: Peskin; Ronen Ordinance amending the Administrative Code to modify the process for the Mayor to appear at the Board of Supervisors for a question-and-answer session. (Supervisor Stefani dissented in Committee.) Supervisor Safai, seconded by Supervisor Cohen, moved that this Ordinance be CONTINUED ON FIRST READING to the Board of Supervisors meeting of April 3, 2018. The motion carried by the following vote:

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

Excused: Peskin

180212 [Mayoral Appointment, Director of the Department of Police Accountability - Paul Henderson] Motion approving the Mayor's nomination of Paul Henderson as the Director of the Department of Police Accountability, serving at the pleasure of the Police Commission, pursuant to Charter Section 4.136(b). (Clerk of the Board) (Charter, Section 4.136, provides that this nomination is subject to confirmation by the Board of Supervisors. If the Board of Supervisors fails to act on this nomination within 30 days, the appointment shall be deemed approved. Transmittal date: March 5, 2018.) Privilege of the floor was granted unanimously to Paul Henderson, Director (Department of Police Accountability), who responded to questions raised throughout the discussion. Motion No. M18-032 APPROVED by the following vote:

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

Excused: Peskin

180229 [Mayoral Appointment, Historic Preservation Commission - Kate Black] Motion approving the Mayor’s nomination of Kate Black for appointment to the Historic Preservation Commission, for a term ending December 31, 2018. (Clerk of the Board) (Charter, Section 4.105, provides that this nomination is subject to approval by the Board of Supervisors and shall be the subject of a public hearing and vote within 60 days from the date the nomination is transmitted to the Clerk of the Board. If the Board fails to act on the nomination within 60 days from the date the nomination is transmitted to the Clerk, the nominee shall be deemed approved. Transmittal date: March 6, 2018.) Motion No. M18-033 APPROVED by the following vote:

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

Excused: Peskin

180197 [Accept Gift - Market Street Association - Snowflake Lights - Valued at $134,757] Sponsor: Kim Resolution authorizing the General Manager of the San Francisco Public Utilities Commission to accept a gift of snowflake lights valued at $134,757 from the Market Street Association for use for the annual Market Street snowflake lights program. Resolution No. 069-18 ADOPTED by the following vote:

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

Excused: Peskin

180249 [Issuance of Subpoena Duces Tecum - Ramin Golesorkhi] Sponsor: Peskin Motion directing the Clerk of the Board of Supervisors to issue a subpoena duces tecum to Ramin Golesorkhi, requiring him to appear at the Government Audit & Oversight Committee on April 4, 2018, at 10:00 a.m., to provide oral information at the hearing of File No. 160975 and respond to questions regarding the design, geotechnical analysis, engineering, and peer review for the projects at 301 Mission Street and 80 Natoma Street; and requiring him to produce documents, correspondence, records, and other materials in his possession related to that project. Motion No. M18-036 APPROVED City and County of San Francisco Page 181 Printed at 2:57 pm on 4/16/18 Board of Supervisors Meeting Minutes 3/20/2018 The foregoing items were acted upon by the following vote:

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

Excused: Peskin