Board of Supervisors Minutes: April 24, 2018

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) Ordinance No. 101-18 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

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. Ordinance No. 098-18 FINALLY PASSED by the following vote:

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

Noes: Ronen

180239 [Accept and Expend Grant - State Water Resources Control Board - Public Beach Safety Grant Program - $30,000] Sponsor: Mayor Resolution retroactively authorizing the Department of Public Health to accept and expend a grant in the amount of $30,000 from the State Water Resources Control Board, Division of Water Quality Beach Safety Program, to participate in a program entitled “Public Beach Safety Grant Program” for the period of July 1, 2017, through June 30, 2018. (Public Health Department) Resolution No. 121-18 ADOPTED by the following vote:

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

Noes: None

t of City and County of San Francisco Tax-Exempt General Obligation Bonds (Earthquake Safety and Emergency Response Bonds, 2014), Series 2018C; prescribing the form and terms of such bonds; providing for the appointment of depositories and other agents for such bonds; providing for the establishment of accounts and/or subaccounts related to such bonds; authorizing the sale of such bonds by competitive or negotiated sale; approving the forms of the Official Notice of Sale and Notice of Intention to Sell Bonds and directing the publication of the Notice of Intention to Sell Bonds; approving the form of the Bond Purchase Contract; approving the form of the Preliminary Official Statement and the execution of the Official Statement relating to the sale of such bonds; approving the form of the Continuing Disclosure Certificate; authorizing and approving modifications to such documents; ratifying certain actions previously taken, as defined herein; and granting general authority to City Officials to take necessary actions in connection with the authorization, issuance, sale, and delivery of such bonds, as defined herein. (Fiscal Impact) Resolution No. 111-18 ADOPTED by the following vote:

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

Noes: None

0,000 aggregate principal amount of City and County of San Francisco Taxable General Obligation Bonds (Affordable Housing, 2015), Series 2018D; prescribing the form and terms of such bonds; providing for the appointment of depositories and other agents for such bonds; providing for the establishment of accounts and/or subaccounts related to such bonds; authorizing the sale of such bonds by competitive or negotiated sale; approving the forms of the Official Notice of Sale and Notice of Intention to Sell Bonds and directing the publication of the Notice of Intention to Sell Bonds; approving the form of the Bond Purchase Contract; approving the form of the Preliminary Official Statement and the execution of the Official Statement relating to the sale of such bonds; approving the form of the Continuing Disclosure Certificate; authorizing and approving modifications to such documents; ratifying certain actions previously taken, as defined herein; and granting general authority to City Officials to take necessary actions in connection with the authorization, issuance, sale, and delivery of such bonds, as defined herein. (Fiscal Impact) Resolution No. 514-16 ADOPTED by the following vote:

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

Noes: None

regate principal amount of City and County of San Francisco Tax-Exempt General Obligation Bonds (Public Health and Safety, 2016), Series 2018E; prescribing the form and terms of such bonds; providing for the appointment of depositories and other agents for such bonds; providing for the establishment of accounts and/or subaccounts related to such bonds; authorizing the sale of such bonds by competitive or negotiated sale; approving the forms of the Official Notice of Sale and Notice of Intention to Sell Bonds and directing the publication of the Notice of Intention to Sell Bonds; approving the form of the Bond Purchase Contract; approving the form of the Preliminary Official Statement and the execution of the Official Statement relating to the sale of such bonds; approving the form of the Continuing Disclosure Certificate; authorizing and approving modifications to such documents; ratifying certain actions previously taken, as defined herein; and granting general authority to City Officials to take necessary actions in connection with the authorization, issuance, sale, and delivery of such bonds, as defined herein. (Fiscal Impact) Resolution No. 113-18 ADOPTED by the following vote:

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

Noes: None

180329 [Issuance of Bonds - California Municipal Finance Authority - Presidio Knolls School, Inc. - Not to Exceed $40,000,000] Sponsor: Kim Resolution approving in accordance with Section 147(f) of the Internal Revenue Code of 1986, as amended, and in accordance with the Joint Exercise of Powers Agreement, dated as of January 1, 2004, among the California Municipal Finance Authority (“Authority”) and certain local agencies, including the City and County of San Francisco (“City”), as amended from time to time, the issuance of revenue bonds or a tax-exempt loan by the Authority in an aggregate principal amount not to exceed $40,000,000 (“Loans”) and the loan of the proceeds thereof to Presidio Knolls School, Inc., a California nonprofit public benefit corporation (“Borrower”) to refinance certain loans issued for the benefit of the Borrower, finance or refinance the acquisition, construction, equipping and furnishing of facilities located and to be located at 1415 Howard Street and 220, 230, 240, 250, and 260-10th Street, within the City, and pay certain expenses incurred in connection with the issuance of the Loans. (Controller) Resolution No. 122-18 ADOPTED by the following vote:

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

Noes: None

171316 [Reward - Property Tax Underpayment Information - Natasha Khoruzhenko - $7,095.42] Sponsor: Peskin Ordinance approving the Assessor’s recommended reward of $7,095.42 to Natasha Khoruzhenko for information that led to detection of underpayment of property tax from an unreported change in ownership. PASSED ON FIRST READING by the following vote:

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

Noes: None

180372 [Setting the Budget and Legislative Analyst Services Audit Plan - San Francisco Municipal Transportation Agency, Effectiveness of Workforce Development Programs, Office of Economic and Workforce Development - FY2018-2019] Sponsor: Kim Motion directing the Budget and Legislative Analyst to conduct three performance audits in FY2018-2019 of the trends in Muni ridership and revenues, and the effectiveness of the San Francisco Municipal Transportation Agency in managing traffic congestion and the impact of congestion on Muni; the effectiveness of the City’s workforce development programs for low-income, homeless, and formerly homeless adults; and the Office of Economic and Workforce Development’s planning for large-scale development and capital projects to address the economic impacts of the projects on surrounding businesses. Motion No. M18-058 APPROVED by the following vote:

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

Noes: None

171284 [Building Code - Slope and Seismic Hazard Zone Protection Act] Sponsors: Peskin; Safai, Cohen and Sheehy Ordinance amending the Building Code to revise the City’s Slope Protection Act by clarifying the scope of its application to properties exceeding an average slope of 25% grade, updating the map references, mandating review by the Department of Building Inspection’s Structural Advisory Committee, and re-enacting and modifying a paragraph in the scope section regarding the type of proposed construction that triggers application of the Act which was omitted inadvertently in the adoption of the 2016 Code; affirming the Planning Department’s determination under the California Environmental Quality Act; and directing the Clerk of the Board of Supervisors to forward this Ordinance to the California Building Standards Commission upon final passage. Supervisor Peskin, seconded by Supervisor Fewer, moved that this Ordinance be CONTINUED ON FIRST READING to the Board of Supervisors meeting of May 8, 2018. The motion carried by the following vote:

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

Noes: None

180190 [Planning Code - Lower Polk Street Alcohol Restricted Use District] Sponsor: Peskin Ordinance amending the Planning Code to extend the Lower Polk Street Alcohol Restricted Use District to June 1, 2023; to expand the circumstances in that District when temporary closures of liquor establishments are not considered abandonment of such uses, and provide that such temporary closures in that District are not considered an enlargement, alteration, intensification, abandonment, or change of use, provided that any demolition permits required for the repair, renovation, or remodeling work have been submitted by January 1, 2018; affirming the Planning Department’s determination under the California Environmental Quality Act; and making findings of public necessity, convenience, and welfare under Planning Code, Section 302, and findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. PASSED ON FIRST READING by the following vote:

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

Noes: None

180365 [Approve Project List - California State Senate Bill 1- Local Streets and Road Program Road Maintenance and Rehabilitation Account Funds] Sponsor: Mayor Resolution approving the list of projects to be funded with FY2018-2019 Road Maintenance and Rehabilitation Account funds as established by California State Senate Bill 1, the Road Repair and Accountability Act of 2017. (Public Works) Resolution No. 123-18 ADOPTED by the following vote:

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

Noes: None

180290 [Approving Conditional Use Authorization - Proposed Project at 799 Castro Street and 3878-3880 21st Street] Motion approving the decision of the Planning Commission by its Motion No. 20118, approving a Conditional Use Authorization identified in Planning Case No. 2017-004562CUA for a proposed project at 799 Castro Street and 3878-3880 21st Street; and adopting findings pursuant to Planning Code, Section 101.1. (Clerk of the Board) Motion No. M18-059 Supervisor Sheehy, seconded by Supervisor Safai, 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

180291 [Conditionally Disapproving Conditional Use Authorization - Proposed Project at 799 Castro Street and 3878-3880 21st Street] Motion conditionally disapproving the decision of the Planning Commission by its Motion No. 20118, approving a Conditional Use Authorization identified in Planning Case No. 2017-004562CUA for a proposed project at 799 Castro Street and 3878-3880 21st Street. (Clerk of the Board) (Charter, Section 4.105, and Planning Code, Section 308.1(d), provides that the Board of Supervisors may disapprove the decision of the Planning Commission by a vote of not less than two-thirds of the members of the Board.) Supervisor Sheehy, seconded by Supervisor Safai, 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

180292 [Preparation of Findings Related to Conditional Use Authorization Appeal - Proposed Project at 799 Castro Street and 3878-3880 21st Street] Motion directing the Clerk of the Board to prepare findings in support of the Board of Supervisors' disapproval of the proposed Conditional Use Authorization identified in Planning Case No. 2017-004562CUA for a proposed project at 799 Castro Street and 3878-3880 21st Street. (Clerk of the Board) Supervisor Sheehy, seconded by Supervisor Safai, 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

180299 [Approving the Decision of Public Works and Disapproving the Tentative Map Application - 668-678 Page Street] Motion approving the decision of Public Works and disapproving an application for a proposed Tentative Parcel Map to convert a three-story-over-garage, six-unit building, into residential condominiums at 668-678 Page Street, Assessor's Parcel Block No. 0843, Lot No. 015. (Clerk of the Board) Motion No. M18-060 Supervisor Safai, seconded by Supervisor Cohen, moved that this Motion be APPROVED. The motion carried by the following vote:

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

Noes: Tang

180300 [Conditionally Disapproving Decision of Public Works and Approving the Tentative Map Application - 668-678 Page Street] Motion conditionally disapproving the decision of Public Works and approving an application for a proposed Tentative Parcel Map to convert a three-story-over-garage, six-unit building, into residential condominiums at 668-678 Page Street, Assessor's Parcel Block No. 0843, Lot No. 015, subject to the Board’s subsequent adoption of written findings, including findings of consistency with the General Plan, and the priority policies of Planning Code, Section 101.1. (Clerk of the Board) Supervisor Safai, seconded by Supervisor Cohen, moved that this Motion be TABLED. The motion carried by the following vote:

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

Noes: Tang

180301 [Preparation of Findings Related to Tentative Map - 668-678 Page Street] Motion directing the Clerk of the Board to prepare findings relating to the Board of Supervisors' decision to approve the application of a proposed Tentative Parcel Map to convert a three-story-over-garage, six-unit building, into residential condominiums at 668-678 Page Street, Assessor's Parcel Block No. 0843, Lot No. 015. (Clerk of the Board) Supervisor Safai, seconded by Supervisor Cohen, moved that this Motion be TABLED. The motion carried by the following vote:

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

Noes: Tang

180213 [Annual Fundraising Drive - 2018] Resolution designating those agencies qualified to participate in the 2018 Annual Joint Fundraising Drive for officers and employees of the City and County of San Francisco. (City Administrator) Resolution No. 120-18 ADOPTED by the following vote:

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

Noes: None

180323 [Building Code - Mandatory Disability Access Improvements for Places of Public Accommodation - Extension of Time Deadlines - Deletion of Administrative Fee] Sponsor: Tang Ordinance amending the Building Code to extend the times for existing buildings with a place of public accommodation either to have all primary entries and paths of travel into the building accessible to persons with disabilities or to receive a City determination of equivalent facilitation, technical infeasibility, or unreasonable hardship; to extend the period for granting extensions from those deadlines; to extend the time to submit the Department of Building Inspection’s report on the disability access improvements program to the Board of Supervisors; eliminating the administrative fee to implement the disability access improvement program; restating the findings of local conditions 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. PASSED ON FIRST READING by the following vote:

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

Noes: None

180402 [Concurring in the Continuation of the Declaration of Local Emergency - Flooding Affecting SFPUC’s Moccasin Reservoir (Tuolumne County)] Motion concurring in the continuation of the 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. M18-063 APPROVED The foregoing items were acted upon by the following vote:

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

Noes: None

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 Sheehy requested to be added as a co-sponsor. Supervisor Breed, seconded by Supervisor Cohen, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 3, Line 23, by changing ‘or’ to ‘and’ after ‘mental illness’. The motion carried by the following vote:

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

Noes: None

Supervisor Peskin, seconded by Supervisor Yee, moved that this Resolution be REFERRED AS AMENDED to Committee. The motion FAILED by the following vote:

Ayes: Fewer, Kim, Peskin, Ronen, Yee

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

NOT ADOPTED AS AMENDED by the following vote, as this matter requires eight votes to approve on second appearance:

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

Noes: Fewer, Kim, Peskin, Ronen, Yee