Board of Supervisors Minutes: July 31, 2018

180764 [Appointments, Sunshine Ordinance Task Force - Matthew Cate and Lila LaHood] Motion appointing Matthew Cate (residency requirement waived) and Lila LaHood, terms ending April 27, 2020, to the Sunshine Ordinance Task Force. (Rules Committee) Motion No. M18-100 APPROVED The foregoing items were acted upon by the following vote:

Ayes: Cohen, Brown, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee

180574 [Budget and Appropriation Ordinance for Departments - FYs 2018-2019 and 2019-2020] Sponsor: Mayor Budget and Appropriation Ordinance appropriating all estimated receipts and all estimated expenditures for Departments of the City and County of San Francisco as of June 1, 2018, for the FYs ending June 30, 2019, and June 30, 2020. (Fiscal Impact) Supervisor Peskin requested the question that this Ordinance be Finally Passed be DIVIDED to consider separately the entry line on Page 230 ‘RP BOS Districts Projects.’ Ordinance No. 181-18 The divided question to consider the line entry on Page 230 'RP BOS District Projects' was FINALLY PASSED by the following vote:

Ayes: Cohen, Brown, Fewer, Kim, Mandelman, Ronen, Safai, Stefani, Tang, Yee

Excused: Peskin

Supervisor Fewer requested the question that this Ordinance be Finally Passed be DIVIDED to consider separately the budget for the Municipal Transportation Agency. Ordinance No. 181-18 The divided question to consider the budget for the Municipal Transportation Agency was FINALLY PASSED by the following vote:

Ayes: Cohen, Brown, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee

Noes: Fewer

Ordinance No. 181-18 The remaining balance of the question was FINALLY PASSED by the following vote:

Ayes: Cohen, Brown, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee

180575 [Annual Salary Ordinance - FYs 2018-2019 and 2019-2020] Sponsor: Mayor Annual Salary Ordinance enumerating positions in the Annual Budget and Appropriation Ordinance for the FYs ending June 30, 2019, and June 30, 2020, continuing, creating, or establishing these positions; enumerating and including therein all positions created by Charter or State law for which compensations are paid from City and County funds and appropriated in the Annual Appropriation Ordinance; authorizing appointments or continuation of appointments thereto; specifying and fixing the compensations and work schedules thereof; and authorizing appointments to temporary positions and fixing compensations therefore. (Fiscal Impact) Supervisor Fewer requested the question that this Ordinance be Finally Passed be DIVIDED to consider separately the budget for the Municipal Transportation Agency. Ordinance No. 182-18 The divided question to consider the budget for the Municipal Transportation Agency was FINALLY PASSED by the following vote:

Ayes: Cohen, Brown, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee

Noes: Fewer

Ordinance No. 182-18 The remaining balance of the question was FINALLY PASSED by the following vote:

Ayes: Cohen, Brown, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee

180580 [Neighborhood Beautification and Graffiti Clean-up Fund Tax Designation Ceiling] Sponsor: Mayor Ordinance adopting the Neighborhood Beautification and Graffiti Clean-up Fund Tax designation ceiling for tax year 2018. Ordinance No. 183-18 FINALLY PASSED by the following vote:

Ayes: Cohen, Brown, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee

180583 [Administrative Code - Planning Code Enforcement Fund] Sponsor: Mayor Ordinance amending the Administrative Code to allow the Planning Department to use the proceeds in the Planning Code Enforcement Fund for all Planning Code enforcement activities. Ordinance No. 184-18 FINALLY PASSED by the following vote:

Ayes: Cohen, Brown, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee

180585 [Administrative Code - Cash Revolving Fund - District Attorney’s Office - $2,200] Sponsor: Mayor Ordinance amending the Administrative Code to increase the balance of the District Attorney’s revolving fund to $2,200. Ordinance No. 185-18 FINALLY PASSED by the following vote:

Ayes: Cohen, Brown, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee

180586 [Health Code - Patient Rates - FYs 2017-2018, 2018-2019, and 2019-2020] Sponsor: Mayor Ordinance amending the Health Code to set patient rates and rates for other services provided by the Department of Public Health, starting July 1, 2018, for FYs 2018-2019 and 2019-2020, through June 30, 2020; and to revise certain Substance Use Disorder treatment services and increase patient rates charged for those Substance Use Disorder treatment services, retroactive to July 1, 2017. Ordinance No. 186-18 FINALLY PASSED by the following vote:

Ayes: Cohen, Brown, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee

180587 [Administrative Code - Mayor’s Fund for the Homeless and Navigation Partnerships Fund] Sponsor: Mayor Ordinance amending the Administrative Code to reclassify the Mayor’s Fund for the Homeless as a category eight fund to permit the accumulation of interest; to authorize the same fund to receive grants, gifts, and bequests of money; and to transfer administration of the Navigation Partnerships Fund from the Mayor’s Office to the Department of Homelessness and Supportive Housing. Ordinance No. 187-18 FINALLY PASSED by the following vote:

Ayes: Cohen, Brown, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee

easure Island and Yerba Buena Island - Not to Exceed $28,370,000] Ordinance approving the third amendment to the contract between the City and County of San Francisco through its Public Utilities Commission (PUC) and the United States, through the Department of Energy Western Area Power Administration, for delivery of low-cost power and scheduling coordinator services to Treasure Island and Yerba Buena Island to extend the term by four years and three months from October 1, 2020, through December 31, 2024, and increasing the maximum amount of the agreement to $28,370,000; approving the City indemnifying and holding the United States harmless against claims arising from the activities of the City under the contract; waiving Administrative Code requirements, as defined herein, that a City contract contain a statement of guaranteed maximum costs, and contain a statement regarding liability of claimants for submitting false claims; and waiving certain other Administrative Code and Environment Code requirements, as defined herein, upon findings made by the General Manager of the PUC. (Public Utilities Commission) (Fiscal Impact) Ordinance No. 197-18 FINALLY PASSED by the following vote:

Ayes: Cohen, Brown, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee

180588 [De-Appropriation and Appropriation - Expenditures of $6,174,381 Supporting Increased Workers’ Compensation Expenditures - Police Department - FY2017-2018] Sponsor: Mayor Ordinance de-appropriating $6,174,381 from permanent salaries, and appropriating $6,174,381 to Police Department to support increases in Workers’ Compensation expenditures for FY2017-2018. (Fiscal Impact) Ordinance No. 188-18 FINALLY PASSED by the following vote:

Ayes: Cohen, Brown, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee

180736 [Business and Tax Regulations Code - Validation Actions and Statute of Repose for June 2018 Ballot Measures] Sponsors: Yee; Kim Ordinance amending the Business and Tax Regulations Code to permit validation actions and impose a statute of repose with respect to Propositions C and G, adopted by San Francisco voters on June 5, 2018. Ordinance No. 211-18 FINALLY PASSED by the following vote:

Ayes: Cohen, Brown, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee

180268 [Planning Code - Accessory Dwelling Units] Sponsors: Tang; Kim and Brown Ordinance amending the Planning Code to 1) authorize expansion of an Accessory Dwelling Unit (ADU) within the buildable area, 2) authorize the Zoning Administrator to waive or modify bicycle parking requirements for an ADU, 3) exempt from the permit notification requirement ADUs constructed within the defined existing built envelope, and 4) allow conversion of an existing stand-alone garage, storage structure, or other auxiliary structure to an ADU and expansion of the existing building envelope to add dormers; affirming the Planning Department’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; adopting findings of public necessity, convenience, and welfare under Planning Code, Section 302; and directing the Clerk to send a copy of this Ordinance to the California Department of Housing and Community Development. Supervisor Safai requested this Ordinance be DUPLICATED ON FINAL PASSAGE. See duplicated File No. 180798. Ordinance No. 195-18 FINALLY PASSED by the following vote:

Ayes: Cohen, Brown, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee

Accessory Dwelling Units] Sponsor: Tang Ordinance amending the Planning Code to 1) authorize expansion of an Accessory Dwelling Unit (ADU) within the buildable area, 2) authorize the Zoning Administrator to waive or modify bicycle parking requirements for an ADU, 3) exempt from the permit notification requirement ADUs constructed within the defined existing built envelope, and 4) allow conversion of an existing stand-alone garage, storage structure, or other auxiliary structure to an ADU and expansion of the existing building envelope to add dormers; affirming the Planning Department’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; adopting findings of public necessity, convenience, and welfare under Planning Code, Section 302; and directing the Clerk to send a copy of this Ordinance to the California Department of Housing and Community Development. Duplicated from File No. 180268. Supervisor Safai, seconded by Supervisor Kim, moved that this Ordinance be REFERRED to the Land Use and Transportation Committee. The motion carried by the following vote:

Ayes: Cohen, Brown, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee

180319 [Planning Code - Cannabis Retail and Medical Cannabis Dispensaries in Chinatown] Sponsors: Peskin; Kim, Tang, Fewer and Safai Ordinance amending the Planning Code to prohibit Cannabis Retail and Medical Cannabis Dispensaries in the Chinatown Mixed Use Districts; affirming the Planning Department’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 making findings of public necessity, convenience, and welfare under Planning Code, Section 302. Privilege of the floor was granted unanimously to Aaron Starr (Planning Department) and Jon Givner (Office of the City Attorney) who responded to questions raised throughout the discussion. PASSED ON FIRST READING by the following vote:

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

Noes: Brown, Mandelman, Ronen

180320 [Planning Code - Catering as an Accessory Use] Sponsors: Safai; Ronen Ordinance amending the Planning Code to allow Catering as an Accessory Use to Limited Restaurants under certain conditions; affirming the Planning Department’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 making findings of public necessity, convenience, and welfare pursuant to Planning Code, Section 302. Ordinance No. 196-18 FINALLY PASSED by the following vote:

Ayes: Cohen, Brown, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee

m] Sponsors: Tang; Safai Ordinance amending the Planning Code to amend the Housing Opportunities Mean Equity-San Francisco (HOME-SF) Program to revise the amount of inclusionary housing required and the types of development bonuses received for projects with complete environmental evaluation applications submitted on or before December 31, 2019, with existing requirements and bonuses revived for projects with complete environmental evaluation applications submitted on or after January 1, 2020, and to require project authorization under Planning Code, Section 328; revising the 100% Affordable Housing Bonus Program to eliminate a Planning Commission review hearing for 100% affordable housing projects upon delegation by the Planning Commission; establish duties for the Inclusionary Housing Technical Advisory Committee; 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. Ordinance No. 198-18 FINALLY PASSED by the following vote:

Ayes: Cohen, Brown, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee

180482 [Planning Code - Permit Review Procedures and Zoning Controls - Neighborhood Commercial Districts in Supervisorial Districts 4 and 11] Sponsors: Tang; Safai Ordinance amending the Planning Code to create a two-year pilot program removing public notice and Planning Commission review for certain uses in Neighborhood Commercial Districts in Supervisorial Districts 4 and 11; modifying zoning controls for certain uses in Supervisorial Districts 4 and 11; affirming the Planning Department’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 making findings of public necessity, convenience, and welfare pursuant to Planning Code, Section 302. Ordinance No. 199-18 FINALLY PASSED by the following vote:

Ayes: Cohen, Brown, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee

180519 [Environment Code - Single-Use Food Ware Plastics, Toxics, and Litter Reduction] Sponsors: Tang; Safai, Peskin, Yee, Ronen, Fewer, Kim, Stefani, Cohen and Brown Ordinance amending the Environment Code to prohibit the sale or use in the City of single-use food service ware made with fluorinated chemicals and certain items made with plastic; require that food service ware accessories be provided only on request or at self-service stations; require reusable beverage cups at certain events that necessitate a City permit or are held at a City-owned or City-leased facility; remove waiver provisions; and affirming the Planning Department’s determination under the California Environmental Quality Act. Ordinance No. 201-18 FINALLY PASSED by the following vote:

Ayes: Cohen, Brown, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee

180557 [Planning Code - Technical Amendments] Ordinance amending the Planning Code in order to correct errors in enacted legislation, update outdated references, clarify existing requirements, and re-enact existing text inadvertently deleted in the reorganization of Articles 2 and 7; affirming the Planning Department’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 general welfare under Planning Code, Section 302. (Planning Commission) Ordinance No. 202-18 FINALLY PASSED by the following vote:

Ayes: Cohen, Brown, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee

180559 [Planning Code - Landmark Designation - 6301 Third Street (aka Arthur H. Coleman Medical Center)] Sponsor: Cohen Ordinance amending the Planning Code to designate 6301 Third Street (aka Arthur H. Coleman Medical Center), Assessor’s Parcel Block No. 4968, Lot No. 032, as a Landmark under Article 10 of the Planning Code; affirming the Planning Department’s determination under the California Environmental Quality Act; and making public necessity, convenience, and welfare findings under Planning Code, Section 302, and findings of consistency with the General Plan, and with the eight priority policies of Planning Code, Section 101.1. (Historic Preservation Commission) Ordinance No. 203-18 FINALLY PASSED by the following vote:

Ayes: Cohen, Brown, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee

or to respond reasonably to the complainant’s or Office’s requests, or to otherwise fully and conscientiously respond to the complainant’s or the Office’s concerns, and reporting to the Mayor and the Board of Supervisors if any City department so notified fails to take timely and adequate corrective action; 4) in certain cases, referring City officers and employees to appropriate disciplinary authorities for possible professional or administrative discipline; 5) requiring City departments to report aggregated or otherwise de-identified information concerning the department’s handling of allegations of sexual assault and harassment; 6) engaging with community members to develop recommendations for improving the City’s efforts to combat sexual assault and harassment, and making related recommendations to City policymakers; 7) making regular reports to the Human Rights Commission; and 8) maintaining the confidentiality of information required by law to be kept confidential, and respecting complainants’ wishes for confidentiality to the maximum extent permitted by law. (Fiscal Impact) Supervisor Brown requested to be added as a co-sponsor. PASSED ON FIRST READING by the following vote:

Ayes: Cohen, Brown, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee

180379 [Modification to the Airport Professional Services Agreement - Faith Group, LLC - Program Management Support Services for the Airport Security Infrastructure Program - Not to Exceed $13,741,320] Resolution approving Modification No. 6 to Airport Contract No. 10511.41, Program Management Support Services for the Airport Security Infrastructure Program, between Faith Group, LLC, and the City and County of San Francisco, acting by and through its Airport Commission, for a total amount not to exceed $13,741,320 for services, pursuant to Charter, Section 9.118(b), extending the term by one year and five months from August 16, 2018, through December 31, 2019. (Airport Commission) (Fiscal Impact) Resolution No. 281-18 ADOPTED by the following vote:

Ayes: Cohen, Brown, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee

180422 [Airport Professional Services Agreement Modification - WCME JV - Terminal 3 West Modernization Project - Not to Exceed $14,000,000] Resolution approving Modification No. 4 to Airport Contract 10071.41, Project Management Support Services for the Terminal 3 West Modernization Project, between WCME JV, and the City and County of San Francisco, acting by and through its Airport Commission, for a total amount not to exceed $14,000,000 for services, extending the term by seven months, for a total term of April 4, 2017, through April 4, 2019, pursuant to Charter, Section 9.118(b). (Airport Commission) (Fiscal Impact) Resolution No. 284-18 ADOPTED by the following vote:

Ayes: Cohen, Brown, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee

180737 [Apply for Grants - 2018 Emergency Preparedness Grants] Sponsor: Mayor Resolution authorizing designated City and County officials to execute and file on behalf of the City and County of San Francisco any actions necessary for the purpose of obtaining State and Federal financial assistance under various grant programs, including: the Federal Fiscal Year 2018 Urban Areas Security Initiative Grant, the Federal Fiscal Year 2018 State Homeland Security Grant Program, the 2018 Emergency Management Performance Grant, and the 2018 Local Government Oil Spill Contingency Plan Grant Program. Resolution No. 287-18 ADOPTED by the following vote:

Ayes: Cohen, Brown, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee

180122 [Initiative Ordinance - Business and Tax Regulations and Administrative Codes - Hotel Tax Allocations] Sponsors: Tang; Peskin, Mandelman, Brown, Yee and Cohen Motion ordering submitted to the voters at an election to be held on November 6, 2018, an Ordinance amending the Business and Tax Regulations Code and Administrative Code to allocate a portion of hotel tax revenues for arts and cultural purposes and remove obsolete provisions; and affirming the Planning Department’s determination under the California Environmental Quality Act. Supervisors Mandelman, Brown, Yee and Cohen requested to be added as co-sponsors. Privilege of the floor was granted unanimously to Ben Rosenfield, Controller (Office of the City Controller), who responded to questions raised throughout the discussion. Motion No. M18-102 APPROVED by the following vote:

Ayes: Cohen, Brown, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee

- Business and Tax Regulations Code - Gross Receipts Tax on Transportation Network Company Services, Private Transit Vehicle Services, and Autonomous Vehicle Passenger Services; Economic Nexus] Sponsors: Peskin; Kim, Ronen, Yee, Fewer and Mandelman Motion ordering submitted to the voters at an election to be held on November 6, 2018, an Ordinance amending the Business and Tax Regulations Code to add a new gross receipts tax category for transportation network company services, private transit vehicle services, and autonomous vehicle passenger services; revise the application of the gross receipts tax for persons engaged in multiple business activities; expand the activities that subject a person to certain business taxes by including persons with more than $500,000 in annual gross receipts in the City; and increasing the City’s appropriations limit each year by the increase in the amount of those business taxes collected compared to the prior year for four years from November 6, 2018. (Economic Impact) Supervisor Mandelman requested to be added as a co-sponsor. Supervisor Peskin, seconded by Supervisor Kim, moved that this Motion be TABLED. The motion carried by the following vote:

Ayes: Cohen, Brown, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee

180556 [Planning Code - Hours of Operation for Limited Nonconforming Uses] Ordinance amending the Planning Code to allow limited nonconforming uses in specified zoning districts to operate between the hours of 10:00 p.m. and 12:00 a.m. with Conditional Use authorization; affirming the Planning Department’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 convenience, necessity, and welfare under Planning Code, Section 302. (Planning Commission) PASSED ON FIRST READING by the following vote:

Ayes: Cohen, Brown, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee

180238 [Liquor License Transfer - 868 Mission Street - Executive Order] Resolution determining that the premise-to-premise transfer of a Type-48 on-sale general public premises liquor license for Zechsan Business Development, Inc., doing business as Executive Order, located at 868 Mission Street (District 6), will serve the public convenience or necessity of the City and County of San Francisco, in accordance with California Business and Professions Code, Section 23958.4; and requesting that the California Department of Alcoholic Beverage Control impose conditions on the issuance of the license. (Public Safety and Neighborhood Services Committee) Resolution No. 280-18 ADOPTED by the following vote:

Ayes: Cohen, Brown, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee

180741 [Special On-Sale General Liquor License - Verifying Completion of Preapplication Meeting - 3414 Judah Street - La Puesta del Sol Cantina] Sponsor: Tang Motion verifying that CBTW Inc., doing business as La Puesta del Sol Cantina, located at 3414 Judah Street, has completed the preapplication meeting requirement under California Business and Professions Code, Section 23826.13, for the issuance of a new, non-transferable, Type-87 neighborhood-restricted special on-sale general liquor license. Motion No. M18-103 APPROVED by the following vote:

Ayes: Cohen, Brown, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee

170738 [Administrative Code - Disclosure of Spending in Retirement Board, Health Service Board and Retiree Health Care Trust Fund Board Elections] Sponsor: Cohen Ordinance amending the Administrative Code to require disclosure of candidate and third-party spending in Retirement Board, Health Service Board and Retiree Health Care Trust Fund Board elections; set late filing fees and penalties for violations; and specify that the Ethics Commission will enforce the related disclosure requirements. PASSED ON FIRST READING by the following vote:

Ayes: Cohen, Brown, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee

180547 [Administrative Code - Prioritizing 100% Affordable Housing Projects] Sponsors: Ronen; Fewer Ordinance amending the Administrative Code to require the Department Building Inspection, Public Works, Fire Department, Mayor’s Office on Disability, and Planning Department to prioritize the processing of 100% affordable housing projects as each department’s or office’s highest priority; to require those departments to identify a staff person responsible for 100% affordable housing projects; and to require the Mayor’s Office of Housing and Community Development to provide the Board of Supervisors and the Mayor with quarterly reports about the status of pending 100% affordable housing projects. Supervisor Fewer requested to be added as a co-sponsor. PASSED ON FIRST READING by the following vote:

Ayes: Cohen, Brown, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee

180675 [Reappointment, Entertainment Commission - Steven Lee] Motion reappointing Steven Lee, term ending July 1, 2022, to the Entertainment Commission. (Rules Committee) Motion No. M18-104 APPROVED by the following vote:

Ayes: Cohen, Brown, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee

180745 [Reappointment, Planning Commission - Dennis Richards] Motion approving President of the Board of Supervisors Malia Cohen's nomination for the reappointment of Dennis Richards to the Planning Commission, for a four-year term ending July 1, 2022. (Clerk of the Board) (Charter, Section 4.105, provides that this nomination is subject to approval by the Board of Supervisors and shall be the subject of a public hearing and vote within 60 days from the date the nomination is transmitted to the Clerk of the Board. If the Board fails to act on the nomination within 60 days from the date the nomination is transmitted to the Clerk, then the nominee shall be deemed approved. Transmittal date: July 3, 2018.) Motion No. M18-105 APPROVED by the following vote:

Ayes: Cohen, Brown, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee

180746 [Reappointment, Planning Commission - Kathrin Moore] Motion approving President of the Board of Supervisors Malia Cohen's nomination for the reappointment of Kathrin Moore to the Planning Commission, for a four-year term ending July 1, 2022. (Clerk of the Board) (Charter, Section 4.105, provides that this nomination is subject to approval by the Board of Supervisors and shall be the subject of a public hearing and vote within 60 days from the date the nomination is transmitted to the Clerk of the Board. If the Board fails to act on the nomination within 60 days from the date the nomination is transmitted to the Clerk, then the nominee shall be deemed approved. Transmittal date: July 3, 2018.) Motion No. M18-106 APPROVED by the following vote:

Ayes: Cohen, Brown, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee

180747 [Mayoral Reappointment, Planning Commission - Rodney Fong] Motion approving the Mayoral nomination for the reappointment of Rodney Fong to the Planning Commission, for a four-year term ending June 30, 2022. (Clerk of the Board) (Charter, Section 4.105, provides that this nomination is subject to approval by the Board of Supervisors and shall be the subject of a public hearing and vote within 60 days from the date the nomination is transmitted to the Clerk of the Board. If the Board fails to act on the nomination within 60 days from the date the nomination is transmitted to the Clerk, then the nominee shall be deemed approved. Transmittal date: June 29, 2018.) Motion No. M18-107 APPROVED by the following vote:

Ayes: Cohen, Brown, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee

180748 [Mayoral Reappointment, Planning Commission - Milicent Johnson] Motion approving the Mayoral nomination for the reappointment of Milicent Johnson to the Planning Commission, for a four-year term ending June 30, 2022. (Clerk of the Board) (Charter, Section 4.105, provides that this nomination is subject to approval by the Board of Supervisors and shall be the subject of a public hearing and vote within 60 days from the date the nomination is transmitted to the Clerk of the Board. If the Board fails to act on the nomination within 60 days from the date the nomination is transmitted to the Clerk, then the nominee shall be deemed approved. Transmittal date: June 29, 2018.) Motion No. M18-108 APPROVED by the following vote:

Ayes: Cohen, Brown, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee

180766 [Appointments, Office of Early Care and Education Citizens' Advisory Committee - Yohana Quiroz and Sandee Blechman] Motion appointing Yohana Quiroz (residency requirement waived) and Sandee Blechman, terms ending May 1, 2020, to the Office of Early Care and Education Citizens' Advisory Committee. (Rules Committee) Motion No. M18-109 APPROVED by the following vote:

Ayes: Cohen, Brown, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee

180767 [Appointments, Veterans Affairs Commission - George Ishikata, Margo Ellis, Deborah Dacumos, and Matthew Brauer] Motion appointing George Ishikata and Margo Ellis (residency requirement waived), for the unexpired portion of a four-year term ending January 31, 2021, and Deborah Dacumos and Matthew Brauer, for the unexpired portion of a four-year term ending January 31, 2022, to the Veterans Affairs Commission. (Rules Committee) Motion No. M18-110 APPROVED by the following vote:

Ayes: Cohen, Brown, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee

180698 [Affirming the Community Plan Evaluation - 429 Beale Street and 430 Main Street] Motion affirming the determination by the Planning Department, that the proposed project at 429 Beale Street and 430 Main Street is exempt from further environmental review under a Community Plan Evaluation. (Clerk of the Board) Motion No. M18-101 Supervisor Kim, seconded by Supervisor Peskin, moved that this Motion be APPROVED. The motion carried by the following vote:

Ayes: Cohen, Brown, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee

180699 [Conditionally Reversing the Community Plan Evaluation - 429 Beale Street and 430 Main Street] Motion conditionally reversing the determination by the Planning Department, that the proposed project at 429 Beale Street and 430 Main Street is exempt from further environmental review under a Community Plan Evaluation, subject to the adoption of written findings of the Board in support of this determination. (Clerk of the Board) Supervisor Kim, seconded by Supervisor Peskin, moved that this Motion be TABLED. The motion carried by the following vote:

Ayes: Cohen, Brown, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee

180700 [Preparation of Findings to Reverse the Community Plan Evaluation - 429 Beale Street and 430 Main Street] Motion directing the Clerk of the Board to prepare findings reversing the determination by the Planning Department, that the proposed project at 429 Beale Street and 430 Main Street is exempt from further environmental review under a Community Plan Evaluation. (Clerk of the Board) Supervisor Kim, seconded by Supervisor Peskin, moved that this Motion be TABLED. The motion carried by the following vote:

Ayes: Cohen, Brown, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee

180208 [Lease Amendment - Airport Concession Lease - Bay Area Restaurant Group, JV - Minimum Annual Guarantee $168,840] Resolution approving Amendment No. 1 to the Domestic Terminal Food and Beverage Program Lease No. 03-0204, between Bay Area Restaurant Group, JV, and the City and County of San Francisco, acting by and through its Airport Commission, to extend the term for five years for a total term of August 30, 2004, through December 31, 2020, with an option for early termination, and no change to the minimum annual guarantee of $168,840. (Airport Commission) Resolution No. 276-18 ADOPTED by the following vote:

Ayes: Cohen, Brown, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee

180209 [Lease Amendment - Airport Concession Lease - D-Lew Enterprises, LLC - Minimum Annual Guarantee $146,300] Resolution approving Amendment No. 1 to the Domestic Terminal Food and Beverage Program Lease No. 03-0203, between D-Lew Enterprises, LLC, and the City and County of San Francisco, acting by and through its Airport Commission, to extend the term for five years for a total term of May 12, 2004, through December 31, 2020, with an option for early termination, and no change to the minimum annual guarantee of $146,300. (Airport Commission) Resolution No. 277-18 ADOPTED by the following vote:

Ayes: Cohen, Brown, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee

180210 [Lease Amendment - Airport Concession Lease - InMotion Entertainment Group, LLC - Minimum Annual Guarantee $412,485] Resolution approving Amendment No. 2 to the Electronics and Technology Stores in Terminal 2 and Terminal 3 Lease No. 10-0038, between InMotion Entertainment Group, LLC, and the City and County of San Francisco, acting by and through its Airport Commission, to extend the term for two years for a total term of May 19, 2010, through December 31, 2020, with an option for early termination, and no change to the minimum annual guarantee of $401,690. (Airport Commission) Resolution No. 278-18 ADOPTED by the following vote:

Ayes: Cohen, Brown, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee

180211 [Lease Amendment - Airport Concession Lease - Gotham Enterprises, LLC - Minimum Annual Guarantee 152,104] Resolution approving Amendment No. 2 to the Specialty Coffee Facilities Lease No. 03-0069, between Gotham Enterprises, LLC, and the City and County of San Francisco, acting by and through its Airport Commission, to extend the term for three years for a total term of November 10, 2003, through December 31, 2020, with an option for early termination, and no change to the minimum annual guarantee of $154,482. (Airport Commission) Resolution No. 279-18 ADOPTED by the following vote:

Ayes: Cohen, Brown, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee

180420 [Lease Amendment - Airport Concession Lease - Bay Area Restaurant Group Joint Venture - Minimum Annual Guarantee of $86,875] Resolution retroactively approving Amendment No. 2 to the Domestic Terminal Food and Beverage Program Lease No. 03-0184, between Bay Area Restaurant Group Joint Venture, and the City and County of San Francisco, acting by and through its Airport Commission, extending the term by two years and six months, for a total term of September 2, 2004, through September 30, 2019, and no change to the minimum annual guarantee of $84,920. (Airport Commission) Resolution No. 282-18 ADOPTED by the following vote:

Ayes: Cohen, Brown, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee

180421 [Lease Amendment - Airport Concession Lease - Lady Luck, LLC - Minimum Annual Guarantee of $96,648] Resolution retroactively approving Amendment No. 1 to the Domestic Terminal Food and Beverage Program Lease No. 03-0196, between Lady Luck, LLC, and the City and County of San Francisco, acting by and through its Airport Commission, extending the term by one year and eight months, for a total term of September 29, 2003, through September 30, 2019, and no change to the minimum annual guarantee of $65,960. (Airport Commission) Resolution No. 283-18 ADOPTED by the following vote:

Ayes: Cohen, Brown, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee

180690 [Lease Amendment - Boudin Properties Inc. - 160 Jefferson Street - Two Ten-Year Extension Options] Sponsor: Peskin Resolution approving the First Amendment to Lease L-13550 between Boudin Properties, Inc., located at 160 Jefferson Street, and the City and County of San Francisco, acting by and through the Port Commission, to provide for two extension options of ten years each, for an aggregate term until June 30, 2065, each subject to specific performance and capital improvement conditions, as defined herein; with no change to existing lease terms of July 1, 2005, through June 30, 2045. Resolution No. 285-18 ADOPTED by the following vote:

Ayes: Cohen, Brown, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee

180710 [Contract Amendment - URS Corporation - Engineering Support Services - Not to Exceed $30,808,028] Resolution authorizing the General Manager of the San Francisco Public Utilities Commission to execute Amendment No. 5 to an agreement with URS Corporation, increasing the length of the agreement by up to 13 months for a total term of September 11, 2003, through July 10, 2020, and increasing the agreement by $2,415,000 adjusting the estimated cumulative contract amount from $28,500,000 to $30,915,000 for engineering support services for the Water Enterprise Water System Improvement Program-funded Agreement No. CS-716, Calaveras Dam Replacement, pursuant to Charter, Section 9.118(b). (Public Utilities Commission) (Fiscal Impact) Resolution No. 286-18 ADOPTED by the following vote:

Ayes: Cohen, Brown, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee

nity Development (“Director”) to submit an application and related documents to the California Debt Limit Allocation Committee (“CDLAC”) to permit the issuance of residential mortgage revenue bonds in an aggregate principal amount not to exceed $80,000,000 for 691 China Basin Street; authorizing and directing the Director to direct the Controller’s Office to hold in trust an amount not to exceed $100,000 in accordance with CDLAC procedures; authorizing the Director to certify to CDLAC that the City has on deposit the required amount; authorizing the Director to pay an amount equal to such deposit to the State of California if the City fails to issue the residential mortgage revenue bonds; approving, for purposes of the Internal Revenue Code of 1986, as amended, the issuance and sale of residential mortgage revenue bonds by the City in an aggregate principal amount not to exceed $80,000,000; authorizing and directing the execution of any documents necessary to implement this Resolution; and ratifying and approving any action heretofore taken in connection with the Project, as defined herein, and the Application, as defined herein. Resolution No. 288-18 ADOPTED by the following vote:

Ayes: Cohen, Brown, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee

nuary 1, 2021, on gross receipts from cannabis business activities, but exempting the first $500,000 of gross receipts and exempting retail sales of medicinal cannabis; said tax to be between 1% and 5% depending on the type of cannabis business activity and amount of gross receipts, but may be adjusted at any time within a range of 0% to 7% by an ordinance adopted by a two-thirds vote of the Board of Supervisors for any increase (which is limited to 1% annually) or an ordinance adopted by a majority vote of the Board of Supervisors for any decrease; starting January 1, 2019, to expand the conditions that subject a person to certain business taxes by including persons with more than $500,000 in annual gross receipts in the City; and increasing the City’s appropriations limit by the increase in the amount of those business taxes collected compared to the prior year and by the amount collected under the new Cannabis Business Tax, for four years from November 6, 2018. Privilege of the floor was granted unanimously to Ben Rosenfield, Controller (Office of the City Controller), who responded to questions raised throughout the discussion. Motion No. M18-111 APPROVED by the following vote:

Ayes: Cohen, Brown, Fewer, Peskin, Safai, Stefani, Tang, Yee

Noes: Kim, Mandelman, Ronen

180389 [Planning Code, Zoning Map - Amend Zoning Map and Abolish Legislated Setback on 19th Avenue Between Quintara and Rivera Streets] Sponsor: Tang Ordinance amending the Planning Code by abolishing a nine-foot legislated setback on the west side of 19th Avenue between Quintara Street and Rivera Street, and revising the Zoning Map to rezone from RH-1 (Residential, House; One-Family) to RM-2 (Residential, Mixed; Moderate Density) Assessor’s Parcel Block No. 2198, Lot No. 031 (1021 Quintara Street), and to rezone from RH-2 (Residential, House; Two-Family) to RM-2 (Residential, Mixed; Moderate Density) Assessor’s Parcel Block No. 2198, Lot No. 001 (located at the intersection of 19th Avenue and Quintara Street), Lot No. 033 (2121-19th Avenue), Lot No. 034 (2145-19th Avenue), and Lot No. 037 (2115-19th Avenue); adopting findings 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, and findings of public necessity, convenience, and welfare under Planning Code, Section 302. PASSED ON FIRST READING by the following vote:

Ayes: Cohen, Brown, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee

180752 [Planning Code - Accessory Dwelling Units; In-Lieu Fee for Street Trees] Sponsor: Tang Ordinance amending the Planning Code to allow payment of an in-lieu fee for an ADU’s street tree requirement; affirming the Planning Department’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: Cohen, Brown, Mandelman, Ronen, Safai, Stefani, Tang, Yee

Noes: Fewer, Kim, Peskin

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

Ayes: Cohen, Brown, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee

PASSED ON FIRST READING by the following vote:

Ayes: Cohen, Brown, Mandelman, Ronen, Safai, Stefani, Tang

Noes: Fewer, Kim, Peskin, Yee

180785 [Supporting California State Proposition 10 - The Affordable Housing Act - November 6, 2018 Ballot] Sponsors: Peskin; Fewer, Mandelman, Ronen, Kim and Brown Resolution supporting California State Proposition 10, The Affordable Housing Act, on the November 6, 2018, ballot; and reaffirming the City and County of San Francisco’s support for repeal of the Costa-Hawkins Rental Housing Act. Supervisors Mandelman, Ronen, Kim and Brown requested to be added as co-sponsors. Supervisor Tang, seconded by Supervisor Safai, moved that this Resolution be CONTINUED to the Board of Supervisors meeting of September 4, 2018. The motion carried by the following vote:

Ayes: Cohen, Brown, Fewer, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee

Excused: Kim

ot Arguments and Rebuttal Ballot Arguments - November 6, 2018, Consolidated Statewide General Election] Motion authorizing preparation of written Proponent and Opponent ballot arguments and rebuttal ballot arguments for submittal to the voters at the November 6, 2018, Consolidated Statewide General Election. (Clerk of the Board) Supervisor Peskin, seconded by Supervisor Fewer, moved that this Motion be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE, on Page 1, Line 1, by striking ‘/Opponent”, Line 3, by striking ‘and Opponent’, and Lines 12-13, by striking ‘Yee, Ronen, Kim, Fewer, Cohen’; on Page 2, Lines 15-16, by striking ‘Supervisors Cohen, Kim, Peskin, Yee, Safai, Tang, Brown’; on Page 2, Line 23, through Page 3, Line 20, by striking all references to the proposed Initiative Ordinance regarding gross receipts tax for transportation network company services (File No. 180373) and the Initiative Ordinance regarding gross receipts for cannabis business activities (File No. 180629); on Page 4, Line 12, through Page 7, Line 15, by striking all references to ‘Opponent Ballot Arguments’; and making other clarifying and conforming changes. The motion carried by the following vote:

Ayes: Cohen, Brown, Fewer, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee

Excused: Kim

Motion authorizing preparation of written Proponent ballot arguments and rebuttal ballot arguments for submittal to the voters at the November 6, 2018, Consolidated Statewide General Election. (Clerk of the Board) Motion No. M18-112 APPROVED AS AMENDED by the following vote:

Ayes: Cohen, Brown, Fewer, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee

Excused: Kim