Board of Supervisors Minutes: April 17, 2018

180157 [Business and Tax Regulations Code - Temporary Suspension of Business Registration and Fee for Transportation Network Company Drivers and Taxi Drivers] Sponsor: Peskin Ordinance amending the Business and Tax Regulations Code to suspend temporarily the application of the business registration and fee requirements for transportation network company drivers and taxi drivers. Ordinance No. 093-18 FINALLY PASSED The foregoing items were acted upon by the following vote:

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

Noes: None

180116 [Appropriation - $1,100,000 of Prior Year’s Fund Balance in General Fund to Department of Public Works for Street & Sidewalk Cleaning Pilot Enhancement Project - FY2017-2018] Sponsors: Kim; Fewer, Ronen and Peskin Ordinance appropriating $1,100,000 of prior year’s fund balance in General Fund to Public Works for funding Street & Sidewalk Cleaning Pilot Enhancement Project in FY2017-2018. (Fiscal Impact) FINALLY PASSED by the following vote:

Ayes: Breed, Fewer, Kim, Peskin, Ronen, Yee

Noes: Cohen, Safai, Sheehy, Stefani, Tang

180031 [Summary Street Vacation - Portion of Panama Street; Sidewalk Acceptance - Niantic Street] 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.) Ordinance No. 071-18 FINALLY PASSED by the following vote:

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

Noes: None

180006 [Lease Agreement - SSP America, Inc. - International Terminal "A" Food Hall and Café Concession - $495,000 Minimum Annual Guarantee] Resolution approving the International Terminal “A” Food Hall and Café Concession Lease No. 17-0238 between SSP America, Inc., and the City and County of San Francisco, acting by and through its Airport Commission, for a term of ten years to commence with Board approval, with two one-year options to extend, and a minimum annual guarantee of $495,000 for the first year of the Lease. (Airport Commission) Resolution No. 103-18 ADOPTED by the following vote:

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

Noes: None

180007 [Lease Agreement - Black Point Coffee SFO, LLC - International Terminal "A" Coffee Kiosk Concession - $165,000 Minimum Annual Guarantee] Resolution approving the International Terminal “A” Coffee Kiosk Concession Lease No. 17-0254 between Black Point Coffee SFO, LLC, and the City and County of San Francisco, acting by and through its Airport Commission, for a term of eight years to commence upon approval by the Board of Supervisors, with two one-year options to extend, and a minimum annual guarantee of $165,000 for the first year of the Lease. (Airport Commission) Resolution No. 104-18 ADOPTED by the following vote:

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

Noes: None

180008 [Lease Agreement - Andre-Boudin Bakeries, Inc. - International Terminal "A" Historic Restaurant Concession - $330,000 Minimum Annual Guarantee] Resolution approving the International Terminal “A” Historic Restaurant Concession Lease No. 17-0239 between Andre-Boudin Bakeries, Inc., and the City and County of San Francisco, acting by and through its Airport Commission, for a term of ten years to commence upon approval by the Board of Supervisors, with two one-year options to extend, and a minimum annual guarantee of $330,000 for the first year of the Lease. (Airport Commission) Resolution No. 105-18 ADOPTED by the following vote:

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

Noes: None

180135 [Revenue Agreement Amendment - JC Decaux San Francisco, LLC - Extending Term to October 12, 2018] Sponsor: Peskin Resolution retroactively approving the Fourth Amendment to the Revenue Agreement between Public Works and JC Decaux San Francisco, LLC, for the Automatic Public Toilet and Public Service Kiosk Program extending the contract term by 240 days, changing the termination date from February 14, 2018, to October 12, 2018. Resolution No. 106-18 ADOPTED by the following vote:

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

Noes: None

170971 [Electrical Code - Low Voltage Lighting; Correction of Section Title] Ordinance amending the Electrical Code to correct the title for the Low Voltage Lighting section and conform it to the title in the California Electrical Code. (Building Inspection Commission) PASSED ON FIRST READING by the following vote:

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

Noes: None

170973 [Plumbing Code - Circuit Venting] Ordinance amending the Plumbing Code to prohibit the use of circuit venting unless approved as an alternative engineered design; affirming the Planning Department’s determination under the California Environmental Quality Act; making findings under the California Health and Safety Code; and directing the Clerk of the Board of Supervisors to forward this Ordinance to the California Building Standards Commission upon final passage. (Building Inspection Commission) PASSED ON FIRST READING by the following vote:

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

Noes: None

180161 [San Francisco Biodiversity Policy] Sponsors: Fewer; Kim Resolution establishing local biodiversity as a citywide priority, with a framework for interagency collaboration for nature-based initiatives. Resolution No. 107-18 ADOPTED by the following vote:

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

Noes: None

180272 [California Environmental Quality Act Findings - San Francisco Public Utilities Commission Sewer System Improvement Program - Biosolids Digester Facilities Project] Sponsor: Cohen Resolution adopting findings under the California Environmental Quality Act (CEQA), the CEQA Guidelines, and San Francisco Administrative Code, Chapter 31, including the adoption of a Statement of Overriding Considerations and a Mitigation and Monitoring Reporting Program, related to the funding of the Biosolids Digester Facilities Project; and directing the Clerk of the Board of Supervisors to notify the Controller of this action. Resolution No. 109-18 ADOPTED by the following vote:

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

Noes: None

180188 [Administrative Code - Repealing Traffic Stop Data Collection and Reporting Requirements] Sponsor: Cohen Ordinance amending the Administrative Code to repeal local law enforcement data collection and reporting requirements associated with traffic stops, detentions, and arrests, while requiring that such data that under state law must be reported to the Attorney General also be reported on a periodic basis to the Mayor, Board of Supervisors, Police Commission, and Human Rights Commission. PASSED ON FIRST READING by the following vote:

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

Noes: None

180192 [Administrative Code - Italian American Heritage Day] Sponsors: Stefani; Cohen, Safai, Peskin, Breed and Yee Ordinance amending the Administrative Code to declare the second Monday in October each year to be Italian American Heritage Day in addition to Indigenous Peoples Day. PASSED ON FIRST READING by the following vote:

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

Noes: Ronen

180216 [Administrative Code - Composition and Sunset Date - Family Violence Council] Sponsors: Tang; Sheehy Ordinance amending the Administrative Code to change the composition of the Family Violence Council and extend the sunset date for the Council to May 1, 2021. PASSED ON FIRST READING by the following vote:

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

Noes: None

180233 [Administrative Code - Office of Cannabis, Criminal History Information Access and Inquiries] Ordinance amending the Administrative Code to authorize the Director of the Office of Cannabis to access summary criminal history information to perform permit, certification, and licensing duties, and to permit employers to inquire about, require disclosure of, or base employment decisions on, convictions for decriminalized behavior, including the non-commercial use and cultivation of cannabis, to meet the Cannabis Business Equity Incubator Program requirements. (City Administrator) PASSED ON FIRST READING by the following vote:

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

Noes: None

171123 [Adopting Principles for Regulation of Emerging Technology and Urging the City Administrator to Convene an Emerging Technology Working Group] Sponsors: Yee; Ronen, Fewer and Peskin Resolution adopting guiding principles to inform future legislation regulating emerging technology and urging the City Administrator to inform future legislation by convening Working Group. Resolution No. 102-18 ADOPTED by the following vote:

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

Noes: None

180196 [Transbay Joint Powers Authority - Authorizing Appointment of Alternate Directors] Sponsor: Kim Resolution authorizing the appointment of alternate directors to serve on the Transbay Joint Powers Authority Board of Directors. Resolution No. 108-18 ADOPTED by the following vote:

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

Noes: None

171092 [Appointments, Balboa Park Station Community Advisory Committee - Bahlam Vigil, Nellie Selander, and Jason Chommanard] Motion appointing Bahlam Vigil, term ending February 28, 2019, and Nellie Selander and Jason Chommanard, terms ending February 28, 2020, to the Balboa Park Station Community Advisory Committee. (Rules Committee) Motion No. M18-047 APPROVED by the following vote:

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

Noes: None

180346 [Mayoral Reappointment, Port Commission - Doreen Woo Ho] Motion confirming the Mayor’s nomination for reappointment of Doreen Woo Ho to the Port Commission, for a term ending May 1, 2022. (Clerk of the Board) (Charter, Section 4.114, provides that the Mayor's appointment is subject to confirmation by a majority (six votes) of the Board of Supervisors, with no timeframe to confirm specified. Transmittal Date: April 5, 2018.) Motion No. M18-048 APPROVED by the following vote:

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

Noes: None

180348 [Mayoral Appointment, Port Commission - Victor Makras] Motion confirming the Mayor’s nomination for appointment of Victor Makras to the Port Commission, for a term ending May 1, 2020. (Clerk of the Board) (Charter, Section 4.114, provides that the Mayor's appointment is subject to confirmation by a majority (six votes) of the Board of Supervisors, with no timeframe to confirm specified. Transmittal Date: April 5, 2018.) Motion No. M18-049 APPROVED by the following vote:

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

Noes: None

180350 [Mayoral Reappointment, Treasure Island Development Authority Board of Directors - V. Fei Tsen] Motion approving the Mayor's nomination for reappointment of V. Fei Tsen to the Treasure Island Development Authority Board of Directors, for a term ending February 26, 2022. (Clerk of the Board) (Pursuant to the Treasure Island Conversion Act of 1997, appointments of Directors who are City Officers are effective upon the approval of a majority vote (six votes) of the Board of Supervisors. Transmittal Date: April 5, 2018.) Motion No. M18-050 APPROVED by the following vote:

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

Noes: None

180351 [Mayoral Reappointment, Treasure Island Development Authority Board of Directors - Linda Richardson] Motion approving the Mayor's nomination for reappointment of Linda Richardson to the Treasure Island Development Authority Board of Directors, for a term ending April 28, 2022. (Clerk of the Board) (Pursuant to the Treasure Island Conversion Act of 1997, appointments of Directors who are City Officers are effective upon the approval of a majority vote (six votes) of the Board of Supervisors. Transmittal Date: April 5, 2018.) Motion No. M18-051 APPROVED by the following vote:

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

Noes: None

180352 [Mayoral Reappointment, Treasure Island Development Authority Board of Directors - Paul Giusti] Motion approving the Mayor's nomination for reappointment of Paul Giusti to the Treasure Island Development Authority Board of Directors, for a term ending April 28, 2022. (Clerk of the Board) (Pursuant to the Treasure Island Conversion Act of 1997, appointments of Directors who are City Officers are effective upon the approval of a majority vote (six votes) of the Board of Supervisors. Transmittal Date: April 5, 2018.) Motion No. M18-052 APPROVED by the following vote:

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

Noes: None

180353 [Appointments, Commission on the Aging Advisory Council - Elinore Lurie and Margaret Graf] Motion appointing Elinore Lurie and Margaret Graf, terms ending March 31, 2020, to the Commission on the Aging Advisory Council. (Rules Committee) Motion No. M18-053 APPROVED by the following vote:

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

Noes: None

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) Motion No. M18-054 Supervisor Cohen, seconded by Supervisor Tang, moved that this Motion be APPROVED. The motion carried by the following vote:

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

Noes: None

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 Tang, moved that this Motion be TABLED. The motion carried by the following vote:

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

Noes: None

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 Tang, moved that this Motion be TABLED. The motion carried by the following vote:

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

Noes: None

180285 [Contract Amendment - Leaders in Community Alternatives - Home Detention and Electronic Monitoring Program Rules and Regulations and Program Administrator’s Evidence of Financial Responsibility - 2018 Calendar Year - Not to Exceed $2,000,000] Resolution authorizing the Sheriff’s Department to enter into a second amendment to the existing agreement with Leaders in Community Alternatives (“LCA”) to extend the contract term by one year for a total term of May 1, 2014, through April 30, 2019, with no change in the not to exceed contract amount of $2,000,000; approving the Sheriff Department’s home detention and electronic monitoring program rules and regulations; and approving evidence of financial responsibility demonstrated by program administrator LCA for the 2018 calendar year. (Sheriff) Resolution No. 110-18 ADOPTED by the following vote:

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

Noes: None

80214 [Transportation, Public Works Codes - Unauthorized Powered Scooter Violations, Powered Scooter Share Program] Sponsors: Peskin; Kim, Ronen, Fewer, Cohen and Sheehy Ordinance amending Division I of the Transportation Code to establish a violation for motorized scooters that are a part of a Motorized Scooter Share Program, to be parked, left standing, or left unattended on a sidewalk, street, or public right-of-way under the jurisdiction of the Municipal Transportation Agency (MTA) or Department of Public Works (DPW) without an MTA-issued permit authorizing the scooter to be parked, left standing, or left unattended at that location; amending the Public Works Code to authorize DPW to take enforcement action to abate or remove unauthorized motorized scooters that are not a part of a permitted Motorized Scooter Share Program and are parked, left standing, or left unattended on a sidewalk, street, or public right-of-way under the jurisdiction of DPW or the MTA; and affirming the Planning Department’s determination under the California Environmental Quality Act. Supervisors Fewer, Cohen, and Sheehy requested to be added as co-sponsors. PASSED ON FIRST READING by the following vote:

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

Noes: None

180361 [Final Map 8999 - 270 Ocean Avenue] Motion approving Final Map 8999, a six residential unit condominium project, located at 270 Ocean Avenue, being a subdivision of Assessor’s Parcel Block No. 3211, Lot No. 010A; and adopting findings pursuant to the General Plan, and the priority policies of Planning Code, Section 101.1. (Public Works) Motion No. M18-057 APPROVED City and County of San Francisco Page 275 Printed at 12:36 pm on 5/16/18 Board of Supervisors Meeting Minutes 4/17/2018 The foregoing items were acted upon by the following vote:

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

Noes: None

Excused: Peskin

180367 [Supporting California State Senate Bill 1045 (Wiener, Stern) - Conservatorship: Chronic Homelessness and Substance Abuse Disorders] Sponsors: Breed; Sheehy Resolution supporting California State Senate Bill 1045, authored by Senators Scott Wiener and Henry Stern, expanding California’s mental health conservatorship law to include individuals suffering from chronic homelessness when accompanied by debilitating mental illness, severe drug addiction, repeated psychiatric commitments, or excessively frequent use of emergency medical services. Supervisor Breed, seconded by Supervisor Tang, moved that this Resolution be CONTINUED to the Board of Supervisors meeting of April 24, 2018. The motion carried by the following vote:

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

Noes: None

Excused: Peskin

180368 [Supporting the California Schools and Local Communities Funding Act - Reaffirming Support for a Split-Roll Reform of Proposition 13] Sponsors: Fewer; Peskin, Sheehy, Yee, Ronen and Kim Resolution supporting the California Schools and Local Communities Funding Act and reaffirming the Board of Supervisors support for a split-roll reform of Proposition 13 in order to close the commercial property tax loophole and restore billions in revenue. Supervisor Kim requested to be added as a co-sponsor. ADOPTED by the following vote:

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

Noes: None

Excused: Peskin

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

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

Noes: None

Excused: Peskin

Supervisor Cohen, seconded by Supervisor Fewer, moved that this Resolution be CONTINUED to the Board of Supervisors meeting of April 24, 2018. The motion carried by the following vote:

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

Noes: None

Excused: Peskin

180376 [Commending Kearny Street Workshop on its 45th Anniversary] Sponsor: Peskin Resolution commending Kearny Street Workshop on its 45th anniversary, and proclaiming April 19, 2018, “Kearny Street Workshop Day” in the City and County of San Francisco. President Breed inquired as to whether any member of the public wished to address the Board relating to the Resolution commending Kearny Street Workshop on its 45th anniversary, and proclaiming April 19, 2018, “Kearny Street Workshop Day” as referenced in File No. 180376. There were no speakers. The President declared public comment closed. Privilege of the floor was granted unanimously to Jon Givner (Office of the City Attorney) who responded to questions raised throughout the discussion. Resolution No. 116-18 ADOPTED by the following vote:

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

Noes: None

Excused: Peskin