Board of Supervisors Minutes: April 3, 2018

180152 [Settlement of Unlitigated Claim - 8x8, Inc. - $485,000] Resolution approving the settlement of the unlitigated claim filed by 8x8, Inc. against the City and County of San Francisco for $485,000; the claim was filed on May 2, 2017; the claim involves a refund of telephone users tax. (City Attorney) Resolution No. 080-18 ADOPTED The foregoing items were acted upon by the following vote:

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

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.) Ordinance No. 057-18 FINALLY PASSED by the following vote:

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

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.) Ordinance No. 061-18 FINALLY PASSED by the following vote:

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

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. Ordinance No. 055-18 FINALLY PASSED by the following vote:

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

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. Ordinance No. 056-18 FINALLY PASSED by the following vote:

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

hibit 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. Supervisor Ronen requested to be added as a co-sponsor. Ordinance No. 054-18 FINALLY PASSED by the following vote:

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

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 Ronen requested to be added as a co-sponsor. PASSED ON FIRST READING by the following vote:

Ayes: Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Yee

Noes: Breed, Cohen, Stefani, Tang

Supervisor Cohen, seconded by Supervisor Peskin, moved to rescind the previous vote. The motion carried by the following vote:

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

PASSED ON FIRST READING by the following vote:

Ayes: Cohen, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Yee

Noes: Breed, Stefani, Tang

170872 [Administrative Code - Naming Terminal 1 at the San Francisco International Airport After Harvey Milk] Sponsors: Ronen; Sheehy Ordinance amending the Administrative Code to name Terminal 1 of the San Francisco International Airport after former Supervisor Harvey Milk. (Fiscal Impact) Privilege of the floor was granted unanimously to Tom Ammiano and Harry Britt, former members of the Board of Supervisors, who presented information on the subject matter. PASSED ON FIRST READING by the following vote:

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

171179 [Lease Agreement - Bank of America, N.A. - Automated Teller Machines - $211,000 Minimum Annual Guarantee] Resolution approving the Domestic Terminals Automated Teller Machines Lease B No. 17-0195 between Bank of America, N.A., and the City and County of San Francisco, acting by and through its Airport Commission, for a term of five years, to commence following Board approval, with a two-year option to extend, and a minimum annual guarantee of $211,000 for the first year of the Lease. (Airport Commission) Resolution No. 073-18 ADOPTED by the following vote:

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

171237 [Lease Agreement - Pacific Gateway Concessions, LLC - Airport Concession - $1,531,761 Minimum Annual Guarantee] Resolution approving International Terminal Newsstand and Specialty Retail Concession Lease No. 17-0211 between Pacific Gateway Concessions, LLC and the City and County of San Francisco, acting by and through its Airport Commission, for a term of seven years with two one-year options to extend, and an initial Minimum Annual Guarantee of $1,531,761. (Airport Commission) Resolution No. 074-18 ADOPTED by the following vote:

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

171238 [Lease Agreement - Pacific Gateway Concessions, LLC - Airport Concession - $814,144 Minimum Annual Guarantee] Resolution approving International Terminal Newsstand and Specialty Retail Concession Lease No. 17-0208 between Pacific Gateway Concessions, LLC and the City and County of San Francisco, acting by and through its Airport Commission, for a term of seven years with two one-year options to extend, and an initial Minimum Annual Guarantee of $814,144. (Airport Commission) Resolution No. 075-18 ADOPTED by the following vote:

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

171239 [Lease Agreement - HG SFO Retailers 2017 JV - Airport Concession - $1,540,000 Minimum Annual Guarantee] Resolution approving International Terminal Newsstand and Specialty Retail Concession Lease No. 17-0207 between HG SFO Retailers 2017 JV and the City and County of San Francisco, acting by and through its Airport Commission, for a term of seven years with two one-year options to extend, and an initial Minimum Annual Guarantee of $1,540,000. (Airport Commission) Resolution No. 076-18 ADOPTED by the following vote:

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

171240 [Lease Agreement - Canonica New York, LLC - Airport Concession - $280,000 Minimum Annual Guarantee] Resolution approving International Terminal Newsstand and Specialty Retail Concession Lease No. 17-0210 between Canonica New York, LLC and the City and County of San Francisco, acting by and through its Airport Commission, for a term of seven years with two one-year options to extend, and an initial Minimum Annual Guarantee of $280,000. (Airport Commission) Resolution No. 077-18 ADOPTED by the following vote:

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

171241 [Lease Agreement - DFS Group, LP - Airport Concession - $380,000 Minimum Annual Guarantee] Resolution approving International Terminal Newsstand and Specialty Retail Concession Lease No. 17-0209 between DFS Group, LP and the City and County of San Francisco, acting by and through its Airport Commission, for a term of seven years with two one-year options to extend, and an initial Minimum Annual Guarantee of $380,000. (Airport Commission) Resolution No. 078-18 ADOPTED by the following vote:

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

180154 [Ground Lease - United States Postal Service - Plot 10F - $1,497,000 Initial Annual Rent] Resolution retroactively approving a Ground Lease between the United States Postal Service, and the City and County of San Francisco, acting by and through its Airport Commission, for occupancy of approximately 8.61 acres of land, at an initial annual rent of $1,497,000 and four five-year options to extend the term, for the period of September 1, 2017, through August 31, 2022. (Airport Commission) Resolution No. 081-18 ADOPTED by the following vote:

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

180155 [Real Property Lease Renewal and Amendment - HLS 2, LLC. and 716 Sacramento, LLC. - 720 Sacramento Street - Initial Annual Base Rent $471,750] Resolution authorizing a five year extension and approving a Third Amendment to a Lease for approximately 9,250 square feet of space at 720 Sacramento Street, with HLS 2, LLC. (26.6%), and 716 Sacramento, LLC. (73.4%), as Landlord, for use by the Department of Public Health for the period of July 1, 2018, through June 30, 2023, at an initial monthly base rent of $39,312.50 for a total cost of $471,750 in the initial year, with 3% annual increases thereafter, and one five-year option to extend. (Real Estate Department) (Fiscal Impact) Resolution No. 082-18 ADOPTED by the following vote:

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

180160 [Accept and Expend Grant - U.S. Department of Homeland Security - 2016 Port Security Grant Program - $1,059,000] Sponsor: Mayor Resolution retroactively authorizing the Port of San Francisco to accept and expend a grant award in the amount of $1,059,000 from the U.S. Department of Homeland Security’s 2016 Port Security Grant Program, including $997,500 for the replacement of the San Francisco Police Department Maritime Unit’s dock, and $61,500 to upgrade the Port’s DOC video system, for the period of September 1, 2016, through August 31, 2019. (Port) (Fiscal Impact) Resolution No. 083-18 ADOPTED by the following vote:

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

180163 [Findings of Fiscal Feasibility - Reservoir Community Partners, LLC - Development of Balboa Reservoir Site] Sponsors: Yee; Safai Resolution finding the proposed development of the Balboa Reservoir Site, an approximately 17-acre site located in the Balboa Park area, fiscally feasible under Administrative Code, Chapter 29. (Fiscal Impact) Resolution No. 085-18 ADOPTED by the following vote:

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

180172 [Professional Services Agreement - Parsons Water & Infrastructure Group, Inc. - Southeast Water Pollution Control Plant Program Construction Management Services Project - Not to Exceed $35,000,000] Resolution authorizing the General Manager of the San Francisco Public Utilities Commission to execute Professional Services Agreement No. PRO.0104, Southeast Water Pollution Control Plant (SEP) Program Construction Management (CM) Services, with Parsons Water & Infrastructure Group, Inc., to provide program-level CM oversight and supervision at the SEP, for an amount not to exceed $35,000,000 over a term of ten years to commence following Board approval through April 2028. (Public Utilities Commission) (Fiscal Impact) Resolution No. 086-18 ADOPTED by the following vote:

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

Absent: Tang

00] Sponsor: Kim Resolution authorizing the issuance and sale of multifamily housing revenue bonds in one or more series in an aggregate principal amount not to exceed $45,000,000 for the purpose of providing financing for the acquisition and rehabilitation of a 100-unit multifamily rental housing project known as “Dorothy Day Community Apartments;” approving the form of and authorizing the execution of a trust indenture providing the terms and conditions of the bonds and authorizing the issuance thereof; approving the form of and authorizing the execution of a loan agreement providing the terms and conditions of the loan from the City to the borrower; approving the form of and authorizing the execution of a regulatory agreement and declaration of restrictive covenants; authorizing the collection of certain fees; approving modifications, changes and additions to the documents; ratifying and approving any action heretofore taken in connection with the bonds and the Project, as defined herein; granting general authority to City officials to take actions necessary to implement this Resolution; and related matters, as defined herein. Resolution No. 087-18 ADOPTED by the following vote:

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

Absent: Tang

180240 [Master Lease - Shahina Holdings, LLC - 149-6th Street - Supportive Housing - Initial Monthly Base Rent of $39,000] Sponsors: Mayor; Kim Resolution authorizing the execution and acceptance of a Residential Master Lease by and between the City and County of San Francisco and Shahina Holdings, LLC, a California Limited Liability Company, for the real property located at 149-6th Street, providing 51 units of supportive housing, for an initial term of ten years with an initial base monthly rent of $39,000; finding the proposed transaction is in conformance with the General Plan, and the eight priority policies of Planning Code, Section 101.1; and adopting CEQA findings. (Department of Homelessness and Supportive Housing) (Fiscal Impact) Resolution No. 088-18 ADOPTED by the following vote:

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

Absent: Tang

171100 [Mills Act Historical Property Contract - 60-62 Carmelita Street] Sponsor: Sheehy Resolution approving an historical property contract between Patrick Mooney and Stephen G. Tom, the owners of 60-62 Carmelita Street, and the City and County of San Francisco, under Administrative Code, Chapter 71; and authorizing the Planning Director and the Assessor-Recorder to execute the historical property contract. (Historic Preservation Commission) Resolution No. 072-18 ADOPTED by the following vote:

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

Absent: Tang

180139 [Setting the 2018 Budget and Legislative Analyst Services Work Plan] Sponsor: Kim Motion approving the Budget and Legislative Analyst Services work plan for 2018, which allocates hours for calendar year 2018, authorizes the Budget and Legislative Analyst to reallocate up to 20% of the hours between service categories based on Board of Supervisors service needs, and requires Board of Supervisors approval of hours re-allocation greater than 20%; and establishes performance goals and sets a date for the 2018 annual performance evaluation of the Budget and Legislative Analyst Joint Venture Partnership. Motion No. M18-037 APPROVED by the following vote:

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

Absent: Tang

171210 [Transportation Code - Non-Standard Vehicle Permits] Ordinance amending the Transportation Code to prohibit Non-Standard Vehicles from operating without a permit as required by Article 1200 of that Code; and affirming the Planning Department’s determination under the California Environmental Quality Act. (Municipal Transportation Agency) PASSED ON FIRST READING by the following vote:

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

Absent: Tang

180151 [General Plan Amendment - San Francisco Conservatory of Music Project - 200-214 Van Ness Avenue] Ordinance amending the General Plan to revise the Map of Proposed Height and Bulk Districts in the Downtown Area Plan for the San Francisco Conservatory of Music Project at 200-214 Van Ness Avenue; 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, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Stefani, Tang, Yee

180114 [Planning Code, Zoning Map - San Francisco Conservatory of Music Project - 200-214 Van Ness Avenue] Sponsor: Kim Ordinance amending the Planning Code to authorize a height limit exception for the San Francisco Conservatory of Music Project at 200-214 Van Ness Avenue for an additional building envelope that will be used to enclose or screen specified features from view, allow increased roof height for performance and common space, and provide additional visual interest to the roof of the structure; amending the Zoning Map to change the height designation of Assessor’s Parcel Block No. 811, Lot Nos. 10 and 12, from 96-X to 120-X; affirming the Planning Commission’s determination under the California Environmental Quality Act; making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1; and adopting findings of public necessity, convenience, and welfare under Planning Code, Section 302. PASSED ON FIRST READING by the following vote:

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

ey, with various public benefits including creation of student housing, faculty housing, a new performance venue in the Civic Center cultural area, activation of a neglected portion of Van Ness Avenue, one-for-one on-site replacement of 27 existing dwelling units with a specific Replacement and Interim Housing Program for existing tenants, including the clear right to return to a comparable unit and an interim relocation housing assistance, voluntary application of rent control and waiving rights under the Ellis Act; making findings under the California Environmental Quality Act and findings of conformity with the General Plan, and with the eight priority policies of Planning Code, Section 101.1(b); setting the impact fees and exactions as set forth in the Development Agreement; and confirming compliance with or waiving certain provisions of Administrative Code Chapters, 14B and 56, and ratifying certain actions taken in connection therewith, as defined herein. Supervisor Kim, seconded by Supervisor Ronen, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 4, Line 18, by striking ‘by this ordinance’. The motion carried by the following vote:

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

Music, a California non-profit public benefit corporation, for the project at 200-214 Van Ness Avenue between Hayes Street and the Dr. Tom Waddell Place mid-block alley, with various public benefits including creation of student housing, faculty housing, a new performance venue in the Civic Center cultural area, activation of a neglected portion of Van Ness Avenue, one-for-one on-site replacement of 27 existing dwelling units with a specific Replacement and Interim Housing Program for existing tenants, including the clear right to return to a comparable unit and an interim relocation housing assistance, voluntary application of rent control and waiving rights under the Ellis Act; making findings under the California Environmental Quality Act and findings of conformity with the General Plan, and with the eight priority policies of Planning Code, Section 101.1(b); setting the impact fees and exactions as set forth in the Development Agreement; and confirming compliance with or waiving certain provisions of Administrative Code Chapters, 14B and 56, and ratifying certain actions taken in connection therewith, as defined herein. PASSED ON FIRST READING AS AMENDED by the following vote:

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

180096 [Street Name Change - 1600 Block of Galvez Avenue - "Sam Jordan’s Way"] Sponsors: Cohen; Kim and Breed Resolution changing the street name of the 1600 block of Galvez Avenue, between Third Street and Phelps Street, to “Sam Jordan’s Way,” to honor Sam Jordan’s legacy and impact on the Bayview Community. Supervisor Breed requested to be added as a co-sponsor. Resolution No. 079-18 ADOPTED by the following vote:

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

ally flawed, based on its preemption of San Francisco’s sovereign charter authority and undermining of San Francisco’s ability to recapture public value from private developers in exchange for the added benefits of density and height; and’; and Page 3, Lines 4-8, by striking ‘is committed to working with other jurisdictions, affordable housing and tenant advocates to address the State’s housing crisis by amending SB 827’ and adding ‘joins with other local jurisdictions and a growing statewide coalition of housing, “complete neighborhood”, environmental and tenant advocates, including those based in every district in San Francisco, in opposing SB 827’, Lines 9-12, by striking ‘FURTHER RESOLVED, That the Board of Supervisors of the City and County of San Francisco is committed to working with its State Legislative Delegation to craft the necessary amendments to SB 827 in order to protect San Francisco’s sovereign charter authority and recapture value from the added benefits of density and height; and, be it’, and Line 14, by adding ‘permanent’ before ‘affordable’, by striking ‘crises’ and adding ‘crisis throughout California’ after ‘housing’. The motion carried by the following vote:

Ayes: Cohen, Fewer, Kim, Peskin, Ronen, Stefani, Yee

Noes: Breed, Safai, Sheehy, Tang

Resolution opposing California Senate Bill 827, authored by Senator Wiener, which would fundamentally constrain, if not negate, San Francisco’s local ability to recapture critical public value of development projects citywide and override local planning process. Supervisor Breed requested the question be DIVIDED so that consideration of the language to oppose SB 827 be taken separately. After further discussions and clarification, Angela Calvillo, Clerk of the Board, informed Supervisor Breed that the request to divide the question should be withdrawn; Supervisor Breed concurred. Resolution No. 084-18 ADOPTED AS AMENDED by the following vote:

Ayes: Cohen, Fewer, Kim, Peskin, Ronen, Stefani, Tang, Yee

Noes: Breed, Safai, Sheehy

eet] Ordinance ordering the summary street vacation of a portion of Panama Street tangent to Niantic Street and Interstate Highway 280, in the Oceanview neighborhood; conveying the City’s interest in the street vacation area to the owner of 10 Niantic Street (Assessor’s Parcel Block No. 7178, Lot No. 014); accepting an irrevocable offer for a public sidewalk on Niantic Street between Panama Street and Saint Charles Avenue; dedicating the public sidewalk for pedestrian use, designating it for public right-of-way and roadway purposes, and accepting it for City maintenance and liability; establishing a new official sidewalk on Niantic Street by amending Ordinance No. 1061 entitled, “Regulating the Width of Sidewalks;” 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. (Public Works) (Supervisor Kim dissented in Committee.) Supervisor Yee, seconded by Supervisor Ronen, moved that this Ordinance be CONTINUED ON FIRST READING to the Board of Supervisors meeting of April 10, 2018. The motion carried by the following vote:

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

onmental review under the California Environmental Quality Act issued as a Categorical Exemption by the Planning Department on February 12, 2015, for the proposed project at 590 Leland Avenue to demolish an existing church building and construct five new single-family homes across five individual lots; three new three-story single-family residences with roof decks at their respective third stories, at approximately 3,706 gross square feet, and two new three-story single-family residences at 3,506 and 4,372 gross square feet, respectively. (District 10) (Appellant: Fran Martin, on behalf of Visitacion Valley Planning Alliance) (Filed February 20, 2018) (Clerk of the Board) President Breed opening the public hearing and Supervisor Cohen informed the Board that she would be making a motion to continue these matters to a later date. President Breed asked if any individuals wished to address the Board on the proposed continuance. There were no speakers. President Breed closed public comment on the continuance. Supervisor Cohen, seconded by Supervisor Yee, moved that this Hearing be CONTINUED to the Board of Supervisors meeting of April 10, 2018. The motion carried by the following vote:

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

180180 [Affirming the Categorical Exemption Determination - 590 Leland Avenue] Motion affirming the determination by the Planning Department that a proposed project at 590 Leland Avenue is categorically exempt from further environmental review. (Clerk of the Board) Supervisor Cohen, seconded by Supervisor Yee, moved that this Motion be CONTINUED to the Board of Supervisors meeting of April 10, 2018. The motion carried by the following vote:

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

180181 [Conditionally Reversing the Categorical Exemption Determination - 590 Leland Avenue] Motion conditionally reversing the determination by the Planning Department that the proposed project at 590 Leland Avenue 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 Cohen, seconded by Supervisor Yee, moved that this Motion be CONTINUED to the Board of Supervisors meeting of April 10, 2018. The motion carried by the following vote:

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

180182 [Preparation of Findings to Reverse the Categorical Exemption Determination - 590 Leland Avenue] Motion directing the Clerk of the Board to prepare findings reversing the determination by the Planning Department that the proposed project at 590 Leland Avenue is categorically exempt from further environmental review. (Clerk of the Board) Supervisor Cohen, seconded by Supervisor Yee, moved that this Motion be CONTINUED to the Board of Supervisors meeting of April 10, 2018. The motion carried by the following vote:

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

at 6:02 p.m. Mark Solomon; Paul Melbostadt; Anita Rott; Kathie Lowry; Shawn Kaufie; Charlie Marsteller; Larry Bush; Tom Gilberty; Debbie Lehrman; Otto Duffy; Peter Cohen; spoke in support of amendments and the proposed legislation. City and County of San Francisco Page 205 Printed at 1:04 pm on 5/3/18 Board of Supervisors Meeting Minutes 4/3/2018 ETHICS COMMISSION DELIBERATIONS Commissioner Kopp moved that the Ordinance be AMENDED in Section 3.203 by adding a definition for ‘Public Appeal’; in Section 3.207 by adding a new Subsection 3.207(a)(4) that prohibits City elective officers or members of a board or commission to solicit a person to give anything of value to a third party under certain circumstances; and restoring Article III, Chapter 6, to its current, existing language. The motion died due to lack of a second. Commissioner Lee, seconded by Commissioner Renne, moved that the Ordinance be AMENDED in Section 3.203 by striking the definition for ‘Associated’ and adding a definition for ‘Use of Public Position or Office’; and in Section 3.207(a)(1) by adding ‘or’ and striking ‘or for an organization with which he or she is associated’. The motion FAILED by the following vote:

Ayes: Lee, Renne

Noes: Chiu, Kopp

Commissioner Chiu, seconded by Commissioner Renne, moved that the Ordinance be AMENDED by adding a new Section 4(b) stating ‘(b) Operative Dates. (1) This ordinance’s amendments to Sections 1.104, 1.163.5, 168, 1.170, and 3.203 of the Campaign and Governmental Conduct Code, and additions of Sections 3.207 and 3.231 of the Campaign and Governmental Conduct Code, shall become operative on the effective date of this ordinance. (2) This ordinance’s amendments to Sections 1.114, 1.126, 1.135, 1.161, 1.162, 3.600, 3.610, 3.620 of the Campaign and Governmental Conduct Code, and additions of Sections 1.114.5, 1.124, 1.125, 1.158, 3.209, 3.630, 3.640, 3.650 of the Campaign and Governmental Conduct Code, shall become operative on January 1, 2019.’ The motion carried by the following vote:

Ayes: Chiu, Lee, Kopp, Renne

Commissioner Chiu, seconded by Commissioner Lee, moved that the Ordinance be AMENDED by deleting the entire Section 1.158 regarding ‘Major Donors - Financial Disclosures.’ The motion FAILED by the following vote:

Ayes: Chiu, Lee

Noes: Kopp, Renne

Commissioner Chiu, seconded by Commissioner Lee, moved that the Ordinance be AMENDED in Section 1.114.5(b)(1) adding ‘at the behest of a City elective officer’ after ‘single calendar year’, and striking ‘at the behest of a City elective officer’ after ‘independent expenditures’. The motion carried by the following vote:

Ayes: Chiu, Lee, Kopp, Renne

Commissioner Chiu, seconded by Commissioner Lee, moved that the Ordinance be AMENDED in Section 3.203 by revising the definition for ‘Associated’ by striking ‘authorized representative or’ after ‘family is an’, and adding ‘or employee’ after ‘agent’; and in Section 3.207(a)(3) by adding ‘with respect to a particular pending legislative or administrative action’ after ‘or judgment’. The motion carried by the following vote:

Ayes: Chiu, Lee, Kopp, Renne

Commissioner Kopp moved to rescind the previous vote that the Ordinance be AMENDED in Section 3.203 by revising the definition for ‘Associated’ by striking ‘authorized representative or’ after ‘family is an’, and adding ‘or employee’ after ‘agent’; and in Section 3.207(a)(3) by adding ‘with respect to a particular pending legislative or administrative action’ after ‘or judgment’. The motion died due to lack of a second. Commissioner Lee, seconded by Commissioner Chiu, moved that the Ordinance be APPROVED AS AMENDED. The motion FAILED by the following, which required a 4/5 vote:

Ayes: Chiu, Lee, Renne

Noes: Kopp

City and County of San Francisco Page 206 Printed at 1:04 pm on 5/3/18 Board of Supervisors Meeting Minutes 4/3/2018 Commissioner Chiu, seconded by Commissioner Renne, moved to rescind the previous vote that the Ordinance be APPROVED AS AMENDED. The motion carried by the following vote:

Ayes: Chiu, Lee, Kopp, Renne

President Breed recessed the meeting at 8:12 p.m. and reconvened at 8:23 p.m. Commissioner Chiu, seconded by Commissioner Lee, moved to rescind the earlier vote that the Ordinance be AMENDED in Section 3.203 by revising the definition for ‘Associated’ by striking ‘authorized representative or’ after ‘family is an’, and adding ‘or employee’ after ‘agent’; and in Section 3.207(a)(3) by adding ‘with respect to a particular pending legislative or administrative action’ after ‘or judgment’. The motion carried by the following vote:

Ayes: Chiu, Lee, Kopp, Renne

Commissioner Kopp, seconded by Commissioner Lee, moved that the question to amend the Ordinance be DIVIDED to consider separately the amendments in Sections 3.203 and 3.207(a)(3). The motion carried by the following vote:

Ayes: Chiu, Lee, Kopp, Renne

Commissioner Chiu moved that the Ordinance be AMENDED in Section 3.203 by revising the definition for ‘Associated’ by striking ‘authorized representative or’ after ‘family is an’, and adding ‘or employee’ after ‘agent’. The motion died due to lack of a second. Commissioner Chiu, seconded by Commissioner Kopp, moved that the Ordinance be AMENDED in Section 3.203 by revising the definition for ‘Associated’ by striking ‘authorized representative or’ after ‘family is an’, and adding ‘or employee’ after ‘agent’. The motion carried by the following vote:

Ayes: Chiu, Lee, Renne

Noes: Kopp

Commissioner Chiu, seconded by Commissioner Lee, moved that the Ordinance be AMENDED in Section 3.207(a)(3) by adding ‘with respect to a particular pending legislative or administrative action’ after ‘or judgment’. The motion carried by the following vote:

Ayes: Chiu, Lee, Kopp, Renne

Commissioner Chiu, seconded by Commissioner Lee, moved that the Ordinance be APPROVED AS AMENDED. The motion carried by the following vote:

Ayes: Chiu, Lee, Kopp, Renne

The Ethics Commission forwarded the Ordinance, as amended, to the Board of Supervisors for consideration. During deliberations, the Board of Supervisors accepted all amendments forwarded by the Ethics Commission and incorporated them into File No. 180280. Additional amendments were also accepted by the Board of Supervisors, which they re-referred back to the Ethics Commission for consideration. Commissioner Chiu, seconded by Commissioner Kopp, moved that the Ordinance be CONTINUED TO THE CALL OF THE CHAIR AS AMENDED. The motion carried by the following vote:

Ayes: Chiu, Kopp, Renne

Noes: Lee

gn contributions; 6) extend the prohibition on campaign contributions to candidates for City elective offices and City elective officers who must approve certain City contracts; 7) require committees to file a third pre-election statement prior to an election; 8) remove the prohibition against distribution of campaign advertisements containing false endorsements; 9) allow members of the public to receive a portion of penalties collected in certain enforcement actions; 10) permit the Ethics Commission to recommend contract debarment as a penalty for campaign finance violations; 11) create new conflict of interest and political activity rules for elected officials and members of boards and commissions; 12) specify recusal procedures for members of boards and commissions; and 13) establish local behested payment reporting requirements for donors and City officers. (Ethics Commission) (Pursuant to Campaign and Governmental Conduct Code, Section 3.204, this matter requires two-thirds vote of the full membership of the Board of Supervisors (8 votes) for passage.) Supervisor Peskin, seconded by Supervisor Tang, moved that this Ordinance be TABLED. The motion carried by the following vote:

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

D by adding a new Section 4(b) stating ‘(b) Operative Dates. (1) This ordinance’s amendments to Sections 1.104, 1.163.5, 168, 1.170, and 3.203 of the Campaign and Governmental Conduct Code, and additions of Sections 3.207 and 3.231 of the Campaign and Governmental Conduct Code, shall become operative on the effective date of this ordinance. (2) This ordinance’s amendments to Sections 1.114, 1.126, 1.135, 1.161, 1.162, 3.600, 3.610, 3.620 of the Campaign and Governmental Conduct Code, and additions of Sections 1.114.5, 1.124, 1.125, 1.158, 3.209, 3.630, 3.640, 3.650 of the Campaign and Governmental Conduct Code, shall become operative on January 1, 2019.’; in Section 1.114.5(b)(1) adding ‘at the behest of a City elective officer’ after ‘single calendar year’, and striking ‘at the behest of a City elective officer’ after ‘independent expenditures’; in Section 3.203 by revising the definition for ‘Associated’ by striking ‘authorized representative or’ after ‘family is an’, and adding ‘or employee’ after ‘agent’; and in Section 3.207(a)(3) by adding ‘with respect to a particular pending legislative or administrative action’ after ‘or judgment’. The motion carried by the following vote:

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

Supervisor Tang, seconded by Supervisor Peskin, moved that this Ordinance be AMENDED in Section 1.124(a)(1) by adding ‘one of’ before ‘the business entity’; in Section 3.600 by striking the definition for ‘Actively Support or Oppose’ and striking portion ‘(ii)’ of the definition for ‘Interested Party’; in Section 3.620 by striking Subsection 3.620(a)(2) regarding reporting for filing by donors; and in Section 3.630 by modifying Subsection 3.630(a)(2)(ii) by striking ‘has actively supported or opposed’ and adding ‘was an interested party in’. Before the vote was taken, this motion and the second was withdrawn. Supervisor Tang, seconded by Supervisor Safai, moved that this Ordinance be AMENDED in Section 1.124(a)(1) by adding ‘one of’ before ‘the business entity’. The motion carried by the following vote:

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

City and County of San Francisco Page 209 Printed at 1:04 pm on 5/3/18 Board of Supervisors Meeting Minutes 4/3/2018 Supervisor Peskin, seconded by Supervisor Yee, moved that this Ordinance be AMENDED in Section 1.104 by adding definitions for ‘Financial Interest’, ‘Land Use Matter’; and by adding a new Section 1.127 regarding ‘Contribution Limits - Persons with Land Use Matters Before a Decision-Making Body’. The motion FAILED by the following vote:

Ayes: Fewer, Kim, Peskin, Ronen, Yee

Noes: Breed, Cohen, Safai, Sheehy, Stefani, Tang

Supervisor Peskin, seconded by Supervisor Tang, moved that this Ordinance be AMENDED in Section 1.104 by adding a definition for ‘Public Appeal’; by revising Subsection 1.114.5(b)(1) by adding ‘at the behest of a City elective officer’ after ‘calendar year’ and striking ‘at the behest of a City elective officer’ after expenditures’; and adding a new Subsection 1.114.5(b)(4) regarding ‘Exception for public appeals’. The motion carried by the following vote:

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

Supervisor Peskin, seconded by Supervisor Safai, moved that this Ordinance be AMENDED by striking the entire Section 1.158 regarding 'Major Donors - Financial Disclosurers.' The motion carried by the following vote:

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

Supervisor Tang, seconded by Supervisor Peskin, moved that this Ordinance be AMENDED in Sections 1.161(a)(5) and 1.162(a)(5)(c) by striking all verbiage after 'end of such advertisements'. The motion carried by the following vote:

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

Supervisor Peskin, seconded by Supervisor Tang, moved that this Ordinance be AMENDED in Section 3.209 by striking Subsection 3.209(c) regarding ‘Repeated Recusals’. The motion carried by the following vote:

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

Supervisor Fewer, seconded by Supervisor Peskin, moved that this Ordinance be AMENDED in Section 1.126(f)(2) by striking ‘the value of the desired contract’. The motion carried by the following vote:

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

Supervisor Fewer, seconded by Supervisor Yee, moved that this Ordinance be AMENDED in Section 3.620(a) by changing the reporting threshold for filing by donors from ‘$1,000’ to ‘$10,000’. The motion carried by the following vote:

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

Supervisor Tang, seconded by Supervisor Sheehy, moved that this Ordinance be AMENDED in Section 3.600 by striking the definition for ‘Actively Support or Oppose’ and striking portion ‘(ii)’ of the definition for ‘Interested Party’; in Section 3.620 by striking Subsection 3.620(a)(2) regarding reporting for filing by donors; and in Section 3.630 by modifying Subsection 3.630(a)(2)(ii) by striking ‘has actively supported or opposed’ and adding ‘was an interested party in’. The motion carried by the following vote:

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

Supervisor Kim, seconded by Supervisor Yee, moved that this Ordinance be AMENDED in Sections 1.104 and 1.110 by changing ‘Social Media Technologies’ to ‘Electronic Media Technologies’; by striking Subsection 1.142(h) regarding ‘Supervisorial Candidates Seeking Election in November 2012’; and in Subsection 1.162(b)(2)(E) by adding ‘including any electioneering communication distributed through electronic media technologies’. The motion carried by the following vote:

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

City and County of San Francisco Page 210 Printed at 1:04 pm on 5/3/18 Board of Supervisors Meeting Minutes 4/3/2018 Supervisor Tang, seconded by Supervisor Cohen, moved to re-refer the Ordinance, as amended, to the Ethics Commission for consideration. The motion carried without objection. During the Ethics Commission deliberations during the Joint Public Hearing, the Commission did not consider the further amendments made by the Board and continued the entire Ordinance, as amended, to the call of the Chair (see File No. 180226). Supervisor Tang, seconded by Supervisor Kim, moved that this Ordinance be RE-REFERRED AS AMENDED to the Rules Committee. The motion carried by the following vote:

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

180293 [Concurring in Declaration of Local Emergency - Flooding Affecting SFPUC’s Moccasin Reservoir (Tuolumne County)] Motion concurring in the March 29, 2018, Declaration of Local Emergency by the Mayor and in the actions taken to meet the emergency of flooding affecting the San Francisco Public Utilities Commission's Moccasin Reservoir in Tuolumne County. (Clerk of the Board) Motion No. M18-041 APPROVED The foregoing items were acted upon by the following vote:

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