Board of Supervisors Minutes: May 15, 2018

180473 [Appointment, Children, Youth and Their Families Oversight and Advisory Committee - Jada Curry] Motion appointing Jada Curry, term ending July 1, 2020, to the Children, Youth and Their Families Oversight and Advisory Committee. (Rules Committee) Motion No. M18-073 APPROVED The foregoing items were acted upon by the following vote:

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

171284 [Building Code - Slope and Seismic Hazard Zone Protection Act] Sponsors: Peskin; Safai, Cohen and Sheehy Ordinance amending the Building Code to revise the renamed City’s Slope and Seismic Hazard Zone Protection Act by clarifying the scope of its application to properties exceeding an average slope of 4:1 grade, updating the map references, mandating review by the Department of Building Inspection’s Structural Advisory Committee and/or a third party peer review under specified circumstances, and re-enacting and modifying a paragraph in the scope section regarding the type of proposed construction that triggers application of the Act that 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. Ordinance No. 121-18 FINALLY PASSED by the following vote:

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

180331 [Affirming the Board of Supervisors Commitment to the Environmental Protection, Public Recreation, and Youth Education in Clipper Cove] Sponsors: Kim; Peskin, Fewer and Sheehy Resolution responding to the recent proposal to expand the private marina located in Clipper Cove at Treasure Island; and reaffirming San Francisco’s commitment to public recreation, public education, environmental protection, preservation of public open space, and social equity. ADOPTED by the following vote:

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

Supervisor Kim, seconded by Supervisor Yee, 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

Supervisor Kim, seconded by Supervisor Peskin, moved that this Resolution be CONTINUED to the Board of Supervisors meeting of May 22, 2018. The motion carried by the following vote:

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

180313 [Appropriation - Proceeds from Earthquake Safety and Emergency Response General Obligation Bonds - FY2017-2018 - $189,735,000] Sponsor: Mayor Ordinance appropriating $189,735,000 of the 2018C Series Earthquake Safety and Emergency Response (ESER 2014) General Obligation Bond Proceeds to Public Works in FY2017-2018 for necessary repairs and seismic improvements in order to better prepare San Francisco for a major earthquake or natural disaster; and placing these funds on Controller’s Reserve pending sale of the bonds. (Fiscal Impact) PASSED ON FIRST READING by the following vote:

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

180314 [Appropriation - Proceeds from General Obligation Housing Bond - FY2017-2018 - $146,000,000] Sponsor: Mayor Ordinance appropriating $146,000,000 of proceeds from the General Obligation Housing Bond, Series 2018D, to the Mayor’s Office of Housing and Community Development for Public Housing, Low-Income Housing, Investment in Mission Neighborhood, and Middle-Income Housing in FY2017-2018; and placing these funds on Controller’s Reserve pending sale of the bonds. (Fiscal Impact) PASSED ON FIRST READING by the following vote:

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

180315 [Appropriation - General Obligation Bond Proceeds - Public Health and Safety Projects - FY2017-2018 - $52,500,000] Sponsor: Mayor Ordinance appropriating $52,500,000 of the Series 2018E Public Health and Safety (PHSB 2016) General Obligation Bond Proceeds to Public Works in FY2017-2018 for improvements and seismic strengthening of public health and safety facilities for critical community and mental health, emergency response and safety, and homeless shelter and service; and placing these funds on Controller’s Reserve pending sale of the bonds. (Fiscal Impact) PASSED ON FIRST READING by the following vote:

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

180112 [Public Auction - Tax-Defaulted Real Property] Resolution authorizing the Tax Collector to sell at public auction certain parcels of tax-defaulted real property, as defined herein. (Treasurer-Tax Collector) Privilege of the floor was granted unanimously to Amanda Fried (Office of the Treasurer-Tax Collector) who responded to questions raised throughout the discussion. Resolution No. 146-18 ADOPTED by the following vote:

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

180366 [Accept and Expend Grant - California Natural Resources Agency Grant - $3,000,000] Sponsors: Mayor; Fewer and Yee Resolution retroactively authorizing the Recreation and Park Department to accept and expend a General Fund Grant from the California Natural Resources Agency in the amount of $2,000,000 from November 1, 2017, through August 31, 2020, for the Golden Gate Park Dog Training Area, and $1,000,000 from December 1, 2017, through April 30, 2021, for Lake Merced Trail Improvements, for a total amount of $3,000,000. Resolution No. 148-18 ADOPTED by the following vote:

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

180429 [Issuance and Sale of Revenue Obligations - California Enterprise Development Authority - The San Francisco Conservatory of Music - Not to Exceed $125,000,000] Sponsor: Kim Resolution approving for purposes of Internal Revenue Code, Section 147(f), the issuance and sale of revenue obligations by the California Enterprise Development Authority in an aggregate principal amount not to exceed $125,000,000 to finance or refinance the acquisition, construction, installation, rehabilitation, equipping, and/or furnishing, of educational and related facilities to be owned and operated by The San Francisco Conservatory of Music, a California nonprofit public benefit corporation. Resolution No. 149-18 ADOPTED by the following vote:

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

of Certain Municipal Transportation Agency Decisions] Sponsors: Safai; Peskin Ordinance amending Division I of the Transportation Code to establish a procedure for Board of Supervisors review of certain Municipal Transportation Agency decisions. Privilege of the floor was granted unanimously to Jon Givner (Office of the City Attorney) who responded to questions raised throughout the discussion. Supervisor Safai, seconded by Supervisor Peskin, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 1, Line 19, by striking ‘Project’ and adding ‘Application’, and Lines 19-25, by striking ‘project that has already received its land use entitlements from the Planning Commission or Planning Department where those entitlements anticipated subsequent, associated applications to the SFMTA’ and adding ‘A Development Application, as defined in Planning Code section 401, for which an approval by the Planning Commission, Planning Department or Zoning Administrator required application(s) to or decisions by the SFMTA in regards to on-street parking and/or loading’; and Page 5, Line 9, by striking ‘business’ after ‘48’. The motion carried by the following vote:

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

PASSED ON FIRST READING AS AMENDED by the following vote:

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

Noes: Cohen

Supervisor Cohen, seconded by Supervisor Yee, 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 AS AMENDED by the following vote:

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

171140 [Administrative Code - Process for Establishment of Cultural Districts] Sponsors: Ronen; Cohen, Kim, Fewer, Sheehy, Yee, Stefani and Safai Ordinance amending the Administrative Code to create a process for the establishment of cultural districts in the City to acknowledge and preserve neighborhoods with unique cultural heritage, and to require the Mayor's Office of Housing and Community Development to report to the Board of Supervisors and the Mayor regarding existing cultural districts previously established by resolution; and affirming the Planning Department’s determination under the California Environmental Quality Act. Supervisor Ronen, seconded by Supervisor Stefani, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 6, Line 3, by striking ‘Bush’ and adding ‘California’, Line 4, by striking ‘Fillmore’ and adding ‘Steiner’, and striking ‘Laguna’ and adding ‘Gough’, and Line 5, by adding ‘Ellis Street and O’Farrell Street’. The motion carried by the following vote:

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

PASSED ON FIRST READING AS AMENDED by the following vote:

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

180193 [Municipal Elections Code - Noncitizen Voting in School Board Elections] Sponsors: Yee; Fewer and Ronen Ordinance amending the Municipal Elections Code to implement Proposition N, adopted at the November 8, 2016, election, by requiring the Department of Elections to develop a voter registration affidavit for certain non-United States citizens to vote in School Board elections; to include a notice on voter materials informing non-United States citizens that any information provided to the Department may be obtained by the federal government; and to create other documents related to non-United States citizens voting in School Board elections, as defined herein. Privilege of the floor was granted unanimously to Jon Givner (Office of the City Attorney) who responded to questions raised throughout the discussion. PASSED ON FIRST READING by the following vote:

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

l committees; 5) require disclosure of bundled campaign 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) impose additional disclaimer requirements; 11) permit the Ethics Commission to recommend contract debarment as a penalty for campaign finance violations; 12) create new conflict of interest and political activity rules for elected officials and members of boards and commissions; 13) specify recusal procedures for members of boards and commissions; and 14) establish local behested payment reporting requirements for donors and City officers. (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.) PASSED ON FIRST READING by the following vote:

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

180322 [Administrative Code - Coordinated Entry System for Homeless Persons; Priority Housing Status for Persons Discharged from Residential Behavioral Health Programs] Sponsors: Sheehy; Ronen, Safai, Stefani, Yee, Tang and Breed Ordinance amending the Administrative Code to require the Department of Homelessness and Supportive Housing to implement a Coordinated Entry System governing the assessment, prioritization, and referral of homeless persons to housing programs; to give a priority to adults who have been discharged from residential behavioral health programs when making assignments to certain housing programs; and to coordinate with the Department of Public Health to ensure access to uninterrupted supportive services for those adults. Supervisors Tang and Breed 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

180408 [Mayoral Reappointment, Police Commission - Sonia Melara] Motion approving the Mayor’s nomination for the reappointment of Sonia Melara to the Police Commission, for a term ending April 30, 2022. (Clerk of the Board) (Charter, Section 4.109, 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, then the nominee shall be deemed approved. Transmittal date: April 5, 2018.) NOT APPROVED by the following vote:

Ayes: Breed, Safai, Sheehy, Stefani, Tang

Noes: Cohen, Fewer, Kim, Peskin, Ronen, Yee

180409 [Mayoral Reappointment, Police Commission - Joseph Marshall] Motion approving the Mayor’s nomination for the reappointment of Joseph Marshall to the Police Commission, for a term ending April 30, 2022. (Clerk of the Board) (Charter, Section 4.109, 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, then the nominee shall be deemed approved. Transmittal date: April 5, 2018.) NOT APPROVED by the following vote:

Ayes: Breed, Safai, Sheehy, Stefani, Tang

Noes: Cohen, Fewer, Kim, Peskin, Ronen, Yee

180404 [Approving Conditional Use Authorization - Proposed Project at 701 Valencia Street] Motion approving the decision of the Planning Commission by its Motion No. 20139, approving a Conditional Use Authorization identified as Planning Case No. 2017-004489CUA for a proposed project located at 701 Valencia Street; and adopting findings pursuant to Planning Code, Section 101.1. (Clerk of the Board) Supervisor Ronen, seconded by Supervisor Peskin, 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

180405 [Conditionally Disapproving a Conditional Use Authorization and Approving with Additional Conditions - 701 Valencia Street Project] Motion conditionally disapproving the decision of the Planning Commission by its Motion No. 20139, approving a Conditional Use Authorization identified as Planning Case No. 2017-004489CUA for a proposed project located at 701 Valencia Street. (Clerk of the Board) Supervisor Ronen, seconded by Supervisor Peskin, moved that this Motion be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE, by adding conditions that one mobile truck be allowed, the use would be temporary for one year, there will be no alcohol served, no music played, the hours of operation would be for six days from 11:00 a.m. to 8:00 p.m., camouflaged restrooms will be added, and there will be no congregate seating in the parking lot. The motion carried by the following vote.

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

Motion conditionally disapproving the decision of the Planning Commission by its Motion No. 20139 to approve a Conditional Use Authorization identified as Planning Case No. 2017-004489CUA for a proposed project located at 701 Valencia Street; approving a Conditional Use Authorization for the same Planning Case and property with different conditions; and adopting findings pursuant to Planning Code, Section 101.1. (Clerk of the Board) Motion No. M18-074 Supervisor Ronen, seconded by Supervisor Peskin, moved that this Motion be APPROVED AS AMENDED. The motion carried by the following vote:

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

180406 [Preparation of Findings Related to Conditional Use Authorization Appeal - 701 Valencia 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 as Planning Case No. 2017-004489CUA for a proposed project located at 701 Valencia Street Project. (Clerk of the Board) Motion No. M18-075 Supervisor Ronen, seconded by Supervisor Peskin, 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

180263 [Report of Assessment Costs - Blighted Properties] Resolution approving report of assessment costs submitted by the Director of Public Works for inspection and/or repair of blighted properties ordered to be performed by said Director pursuant to Administrative Code, Chapter 80, the costs thereof having been paid for by the City and County out of a blight abatement fund. (Public Works) The following addresses were requested to be removed from the accompanying report due to recent resolution or receipt of payment: 2800 - 16th Street (Block No. 3552, Lot No. 012); 2525 Mission Street (Block No. 3615, Lot No. 026); 251 South Van Ness Avenue (Block No. 3530, Lot No. 015A); and 887 Webster Street (Block No. 0780, Lot No. 001). Supervisor Safai, seconded by Supervisor Ronen, moved to accept the amendments to the accompanying report, as provided by Public Works and included in File No. 180263. The motion carried without objection. Resolution No. 147-18 ADOPTED, after accepting the amendments to the accompanying report, by the following vote:

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

180484 [Urging the Mayor to Fund Specific Cross-Departmental Priorities in the Two-Year Budget for FYs 2018-2019 and 2019-2020] Sponsors: Cohen; Stefani and Fewer Resolution urging the Mayor to fund specific cross-departmental budget priorities, including pedestrian safety for seniors, workforce development, out of school time for youth, and to develop a strategic funding framework for cultural districts in the two-year budget for FYs 2018-2019 and 2019-2020. Resolution No. 150-18 ADOPTED by the following vote:

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

180485 [Calling from Committee - Committee of the Whole - Proposed Ordinance (File No. 180318) - Administrative Code - Landlord Operating and Maintenance Expenses - May 22, 2018] Sponsor: Fewer Motion calling from the Rules Committee, pursuant to Board Rule 3.37, the proposed Ordinance (File No. 180318) amending the Administrative Code to prohibit landlords from seeking rent increases on existing tenants due to increases in debt service and property tax that have resulted from a change in ownership; and scheduling the Board of Supervisors to sit as a Committee of the Whole on May 22, 2018, at 3:00 p.m., to hold a public hearing to consider the proposed Ordinance (File No. 180318). Supervisor Safai made a motion that this Motion be TABLED. Before a second was attained, Supervisor Safai withdrew this motion. Supervisor Fewer, seconded by Supervisor Cohen, moved that this Motion be CONTINUED to the Board of Supervisors meeting of May 22, 2018. The motion carried by the following vote:

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