# Board of Supervisors Minutes: July 31, 2018 - Meeting date: 2018-07-31 - Document type: minutes - Pages in official PDF: 36 - [Canonical HTML transcript](https://sfbos.info/documents/530/2018-07-31-minutes) - [Authoritative City PDF](https://sfgov.legistar.com/View.ashx?M=M&ID=618307&GUID=1E5DC37F-6752-4B82-88ED-36F4A90C663C) > This text was extracted for search and accessibility. The linked City PDF is the authoritative public record. ## Structured legislative records ### File 171004: Settlement of Lawsuit - George Birmingham - City to Receive $1,500,000 for Sale of Parcels on the 400 Block of Burnett Avenue - Pages: 3 ### File 180633: Partial Settlement of Lawsuit - Malcolm Davis - $28,000 - Pages: 3 ### File 180638: Settlement of Lawsuit - John H. Aspelin and Barbara J. Kaplan-Aspelin - $199,353 - Pages: 3-4 ### File 180703: Settlement of Lawsuit - Charleen Maghzi - $1,427,637.59 - Pages: 4 ### File 180704: Settlement of Lawsuit - Robert Brown - $119,909 - Pages: 4 ### File 180705: Settlement of Lawsuit - Isabel Rodriguez-Alba - $55,000 - Pages: 4 ### File 180706: Settlement of Lawsuit - Pacific Bell Telephone Company, and AT&T Services, Inc. - $852,057.22 - Pages: 4-5 ### File 180707: Settlement of Lawsuit - Gail Bonnifield, Aquene Cali Montano, a Minor, By And Through Her Guardian Ad Litem Ulises Montano, and Dontanayia Lockwood - $110,000 - Pages: 5 ### File 180709: Settlement of Lawsuit - Rita Kae Restrepo, Cheryl Randolph - $195,000 - Pages: 5 ### File 171013: Planning Code, Zoning Map - Amend Zoning Map Pursuant to Settlement - Pages: 5 ### File 180517: Summary Street Vacation - Portion of Burnett Avenue North - Pages: 5-6 ### File 180674: Appointments, Treasury Oversight Committee - Ben Rosenfield, Reeta Madhavan, Eric Sandler, and Kevin Kone - Pages: 6 ### File 180764: Appointments, Sunshine Ordinance Task Force - Matthew Cate and Lila LaHood - Pages: 6-7 - Vote 1: approval, likely final - Action: 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 ### File 180574: Budget and Appropriation Ordinance for Departments - FYs 2018-2019 and 2019-2020 - Pages: 7-8 - Vote 1: final-passage, likely final - Action: 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 - Vote 2: final-passage, likely final - Action: 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 - Vote 3: final-passage, likely final - Action: 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 ### File 180575: Annual Salary Ordinance - FYs 2018-2019 and 2019-2020 - Pages: 8 - Vote 1: final-passage, likely final - Action: 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 - Vote 2: final-passage, likely final - Action: 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 ### File 180580: Neighborhood Beautification and Graffiti Clean-up Fund Tax Designation Ceiling - Pages: 8 - Vote 1: final-passage, likely final - Action: 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 ### File 180583: Administrative Code - Planning Code Enforcement Fund - Pages: 8-9 - Vote 1: final-passage, likely final - Action: 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 ### File 180585: Administrative Code - Cash Revolving Fund - District Attorney’s Office - $2,200 - Pages: 9 - Vote 1: final-passage, likely final - Action: 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 ### File 180586: Health Code - Patient Rates - FYs 2017-2018, 2018-2019, and 2019-2020 - Pages: 9 - Vote 1: final-passage, likely final - Action: 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 ### File 180587: Administrative Code - Mayor’s Fund for the Homeless and Navigation Partnerships Fund - Pages: 9-10 - Vote 1: final-passage, likely final - Action: 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 ### File 180356: Contract Amendment - Western Area Power Administration - Low-Cost Power and Scheduling Coordinator Services - Treasure Island and Yerba Buena Island - Not to Exceed $28,370,000 - Pages: 10 - Vote 1: final-passage, likely final - Action: 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 ### File 180588: De-Appropriation and Appropriation - Expenditures of $6,174,381 Supporting Increased Workers’ Compensation Expenditures - Police Department - FY2017-2018 - Pages: 10 - Vote 1: final-passage, likely final - Action: 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 ### File 180736: Business and Tax Regulations Code - Validation Actions and Statute of Repose for June 2018 Ballot Measures - Pages: 10-11 - Vote 1: final-passage, likely final - Action: 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 ### File 180268: Planning Code - Accessory Dwelling Units - Pages: 11 - Vote 1: final-passage, likely final - Action: 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 ### File 180798: Planning Code - Accessory Dwelling Units - Pages: 11-12 - Vote 1: amendment - Action: 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 ### File 180319: Planning Code - Cannabis Retail and Medical Cannabis Dispensaries in Chinatown - Pages: 12 - Vote 1: first-reading - Action: 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 ### File 180320: Planning Code - Catering as an Accessory Use - Pages: 12-13 - Vote 1: final-passage, likely final - Action: 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 ### File 180456: Planning Code - HOME-SF and 100% Affordable Housing Bonus Program - Pages: 13 - Vote 1: final-passage, likely final - Action: 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 ### File 180482: Planning Code - Permit Review Procedures and Zoning Controls - Neighborhood Commercial Districts in Supervisorial Districts 4 and 11 - Pages: 13 - Vote 1: final-passage, likely final - Action: 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 ### File 180519: Environment Code - Single-Use Food Ware Plastics, Toxics, and Litter Reduction - Pages: 13-14 - Vote 1: final-passage, likely final - Action: 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 ### File 180557: Planning Code - Technical Amendments - Pages: 14 - Vote 1: final-passage, likely final - Action: 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 ### File 180559: Planning Code - Landmark Designation - 6301 Third Street (aka Arthur H. Coleman Medical Center) - Pages: 14-15 - Vote 1: final-passage, likely final - Action: 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 ### File 180480: Administrative Code - Office of Sexual Harassment and Assault Response and Prevention - Pages: 15-16 - Vote 1: first-reading - Action: 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 ### File 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 - Pages: 16 - Vote 1: adoption, likely final - Action: 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 ### File 180422: Airport Professional Services Agreement Modification - WCME JV - Terminal 3 West Modernization Project - Not to Exceed $14,000,000 - Pages: 16 - Vote 1: adoption, likely final - Action: 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 ### File 180737: Apply for Grants - 2018 Emergency Preparedness Grants - Pages: 16-17 - Vote 1: adoption, likely final - Action: 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 ### File 180122: Initiative Ordinance - Business and Tax Regulations and Administrative Codes - Hotel Tax Allocations - Pages: 17 - Vote 1: approval, likely final - Action: 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 ### File 180373: Initiative Ordinance - Business and Tax Regulations Code - Gross Receipts Tax on Transportation Network Company Services, Private Transit Vehicle Services, and Autonomous Vehicle Passenger Services; Economic Nexus - Pages: 17 - Vote 1: amendment - Action: - 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 ### File 180556: Planning Code - Hours of Operation for Limited Nonconforming Uses - Pages: 17-18 - Vote 1: first-reading - Action: 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 ### File 180238: Liquor License Transfer - 868 Mission Street - Executive Order - Pages: 18 - Vote 1: adoption, likely final - Action: 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 ### File 180741: Special On-Sale General Liquor License - Verifying Completion of Preapplication Meeting - 3414 Judah Street - La Puesta del Sol Cantina - Pages: 18 - Vote 1: approval, likely final - Action: 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 ### File 170738: Administrative Code - Disclosure of Spending in Retirement Board, Health Service Board and Retiree Health Care Trust Fund Board Elections - Pages: 18-19 - Vote 1: first-reading - Action: 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 ### File 180547: Administrative Code - Prioritizing 100% Affordable Housing Projects - Pages: 19 - Vote 1: first-reading - Action: 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 ### File 180675: Reappointment, Entertainment Commission - Steven Lee - Pages: 19 - Vote 1: approval, likely final - Action: 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 ### File 180745: Reappointment, Planning Commission - Dennis Richards - Pages: 19 - Vote 1: approval, likely final - Action: 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 ### File 180746: Reappointment, Planning Commission - Kathrin Moore - Pages: 19-20 - Vote 1: approval, likely final - Action: 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 ### File 180747: Mayoral Reappointment, Planning Commission - Rodney Fong - Pages: 20 - Vote 1: approval, likely final - Action: 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 ### File 180748: Mayoral Reappointment, Planning Commission - Milicent Johnson - Pages: 20 - Vote 1: approval, likely final - Action: 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 ### File 180766: Appointments, Office of Early Care and Education Citizens' Advisory Committee - Yohana Quiroz and Sandee Blechman - Pages: 20 - Vote 1: approval, likely final - Action: 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 ### File 180767: Appointments, Veterans Affairs Commission - George Ishikata, Margo Ellis, Deborah Dacumos, and Matthew Brauer - Pages: 20-21 - Vote 1: approval, likely final - Action: 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 ### File 180697: Hearing - Appeal of Determination of Community Plan Evaluation - 429 Beale Street and 430 Main Street - Pages: 21 ### File 180698: Affirming the Community Plan Evaluation - 429 Beale Street and 430 Main Street - Pages: 21-22 - Vote 1: approval, likely final - Action: 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 ### File 180699: Conditionally Reversing the Community Plan Evaluation - 429 Beale Street and 430 Main Street - Pages: 22 - Vote 1: tabling - Action: 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 ### File 180700: Preparation of Findings to Reverse the Community Plan Evaluation - 429 Beale Street and 430 Main Street - Pages: 22 - Vote 1: tabling - Action: 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 ### File 180208: Lease Amendment - Airport Concession Lease - Bay Area Restaurant Group, JV - Minimum Annual Guarantee $168,840 - Pages: 22-23 - Vote 1: adoption, likely final - Action: 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 ### File 180209: Lease Amendment - Airport Concession Lease - D-Lew Enterprises, LLC - Minimum Annual Guarantee $146,300 - Pages: 23 - Vote 1: adoption, likely final - Action: 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 ### File 180210: Lease Amendment - Airport Concession Lease - InMotion Entertainment Group, LLC - Minimum Annual Guarantee $412,485 - Pages: 23 - Vote 1: adoption, likely final - Action: 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 ### File 180211: Lease Amendment - Airport Concession Lease - Gotham Enterprises, LLC - Minimum Annual Guarantee 152,104 - Pages: 23 - Vote 1: adoption, likely final - Action: 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 ### File 180420: Lease Amendment - Airport Concession Lease - Bay Area Restaurant Group Joint Venture - Minimum Annual Guarantee of $86,875 - Pages: 23-24 - Vote 1: adoption, likely final - Action: 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 ### File 180421: Lease Amendment - Airport Concession Lease - Lady Luck, LLC - Minimum Annual Guarantee of $96,648 - Pages: 24 - Vote 1: adoption, likely final - Action: 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 ### File 180690: Lease Amendment - Boudin Properties Inc. - 160 Jefferson Street - Two Ten-Year Extension Options - Pages: 24 - Vote 1: adoption, likely final - Action: 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 ### File 180710: Contract Amendment - URS Corporation - Engineering Support Services - Not to Exceed $30,808,028 - Pages: 24-25 - Vote 1: adoption, likely final - Action: 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 ### File 180738: Multifamily Housing Revenue Bonds - 691 China Basin Street (Mission Bay South Block 6 West) - Not to Exceed $80,000,000 - Pages: 25 - Vote 1: adoption, likely final - Action: 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 ### File 180629: Initiative Ordinance - Business and Tax Regulations Code - Additional Gross Receipts Tax on Cannabis - Pages: 25-26 ### File 180765: Initiative Ordinance - Business and Tax Regulations Code - Additional Gross Receipts Tax on Cannabis; Additional Conditions Subjecting Persons to Business Taxes - Pages: 26-27 - Vote 1: approval, likely final - Action: 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 ### File 180389: Planning Code, Zoning Map - Amend Zoning Map and Abolish Legislated Setback on 19th Avenue Between Quintara and Rivera Streets - Pages: 27 - Vote 1: first-reading - Action: 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 ### File 180752: Planning Code - Accessory Dwelling Units; In-Lieu Fee for Street Trees - Pages: 27 - Vote 1: first-reading - Action: 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 - Vote 2: rescission - Action: 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 - Vote 3: first-reading - Action: PASSED ON FIRST READING by the following vote: - Ayes: Cohen, Brown, Mandelman, Ronen, Safai, Stefani, Tang - Noes: Fewer, Kim, Peskin, Yee ### File 180785: Supporting California State Proposition 10 - The Affordable Housing Act - November 6, 2018 Ballot - Pages: 28-29 - Vote 1: continuance - Action: 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 ### File 180774: Authorizing Preparation of Proponent Ballot Arguments and Rebuttal Ballot Arguments - November 6, 2018, Consolidated Statewide General Election - Pages: 29 - Vote 1: amendment - Action: 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 - Vote 2: approval, likely final - Action: 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 ### File 160689: Campaign and Governmental Conduct Code - Expanding Scope of Whistleblower Protection Ordinance - Pages: 30 ### File 180644: Planning Code, Zoning Map - Design Professional Special Use District - Pages: 30-31 ### File 180797: Setting Property Tax Rate and Establishing Pass-Through Rate for Residential Tenants - FY2018-2019 - Pages: 31 ### File 180800: Administrative Code - Cannabis Oversight Committee - Pages: 31 ### File 180801: Amending Ordinance No. 1061 - Sidewalk Width Change - Portions of Beale Street, Howard Street, and Main Street - Pages: 31 ### File 180802: Administrative Code - Labor Peace Agreements for Excursion Vessel Operations Under Lease with the Port - Pages: 31-32 ### File 180803: Planning Code - Mission Alcoholic Beverage Special Use District and Mission Street Neighborhood Commercial Transit District - Pages: 32 ### File 180804: Health Code - Surplus Medication Repository and Distribution Program - Pages: 32 ### File 180805: Police Code - Agreements Between Cannabis Businesses and Labor Organizations - Hiring Graduates of Apprenticeship and Pre-Apprenticeship Programs - Pages: 32 ### File 180806: Planning Code - Flexible Retail Use - Pages: 32 ### File 180807: Administrative Code - Early Care and Education for All - Pages: 32-33 ### File 180808: Opposing California State Proposition 6 on the November 6, 2018, Ballot - Pages: 33 ### File 180809: Port Agreement with the National Park Service and Lease with the Golden Gate National Parks Conservancy - Alcatraz Island Embarkation at Piers 31-33 - Pages: 33 ### File 180810: Multifamily Housing Revenue Bonds - 1990 Folsom Street - Not to Exceed $76,000,000 - Pages: 33-34 ### File 180811: Multifamily Housing Revenue Bonds - 1045 Capp Street (Abel Gonzales Apartments) - Not to Exceed $20,000,000 - Pages: 34 ### File 180812: Agreement Amendment - California Department of Transportation - Incorporate Additional Facilities and City Trench Standards - Pages: 34 ### File 180813: Hearing - San Francisco Municipal Transportation Agency - Review of Training Procedures, Policies, Hiring Practices, and Retention of Current Operators - Pages: 34-35 ### File 180814: Hearing - Police Department - Comprehensive Plan and Citywide Strategy on Neighborhood Automobile Break-Ins, Bicycle Theft, and Property Crime - Pages: 35 ### File 180768: Memorandum of Understanding - California Automated Consortium Eligibility System - Welfare Client Data System Consortium - Shared Services Approval - Pages: 35 ### File 180769: Real Property Lease Amendment - 25 Van Ness Avenue, Lower Level - New Conservatory Theatre Center - Monthly Base Rent $7,983 - Pages: 35-36 ### File 180770: Contract Agreement - Western States Oil and SC Fuels - Gasoline - Not to Exceed $40,000,000 - Pages: 36 ### File 180771: Settlement of Unlitigated Claim - Expa, LLC - $32,120.34 - Pages: 36 ## Extracted text ### [Page 1](https://sfbos.info/documents/530/2018-07-31-minutes#page-1) BOARD OF SUPERVISORS CITY AND COUNTY OF SAN FRANCISCO MEETING MINUTES Tuesday, July 31, 2018 - 2:00 PM Legislative Chamber, Room 250 City Hall, 1 Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 Regular Meeting MALIA COHEN, PRESIDENT VALLIE BROWN, SANDRA LEE FEWER, JANE KIM, RAFAEL MANDELMAN, AARON PESKIN, HILLARY RONEN, AHSHA SAFAI, CATHERINE STEFANI, KATY TANG, NORMAN YEE Angela Calvillo, Clerk of the Board BOARD COMMITTEES Committee Membership Meeting Days Budget and Finance Committee Thursday Supervisors Cohen, Fewer, Stefani, Yee, Mandelman 10:00 AM Budget and Finance Federal Select Committee 2nd and 4th Thursday Supervisors Cohen, Fewer, Tang 1:15 PM Budget and Finance Sub-Committee Thursday Supervisors Cohen, Fewer, Stefani 10:00 AM Government Audit and Oversight Committee 1st and 3rd Wednesday Supervisors Kim, Peskin, Brown 10:00 AM Land Use and Transportation Committee Monday Supervisors Tang, Kim, Safai 1:30 PM Public Safety and Neighborhood Services Committee 2nd and 4th Wednesday Supervisors Mandelman, Ronen, Peskin 10:00 AM Rules Committee 2nd and 4th Wednesday Supervisors Safai, Yee, Stefani 2:00 PM First-named Supervisor is Chair, Second-named Supervisor is Vice-Chair of the Committee. Volume 113 Number 25 ### [Page 2](https://sfbos.info/documents/530/2018-07-31-minutes#page-2) Board of Supervisors Meeting Minutes 7/31/2018 Members Present: Malia Cohen, Vallie Brown, Sandra Lee Fewer, Jane Kim, Rafael Mandelman, Aaron Peskin, Hillary Ronen, Ahsha Safai, Catherine Stefani, Katy Tang, and Norman Yee The Board of Supervisors of the City and County of San Francisco met in regular session on Tuesday, July 31, 2018, with President Malia Cohen presiding. ROLL CALL AND PLEDGE OF ALLEGIANCE President Cohen called the meeting to order at 2:03 p.m. On the call of the roll, Supervisor Safai was noted not present. There was a quorum. COMMUNICATIONS There were no communications. Supervisor Safai was noted present at 2:04 p.m. APPROVAL OF MEETING MINUTES President Cohen inquired whether any Board Member had any corrections to the June 26, 2018, Board Meeting Minutes, or the June 22, 2018, or June 27, 2018, Special Meeting Minutes at the Budget and Finance Committee Meeting, which constituted a quorum of the Board of Supervisors. There were no corrections. Supervisor Kim, seconded by Supervisor Peskin, moved to approve the June 26, 2018, Board Meeting Minutes, and the June 22, 2018, and June 27, 2018, Special Meeting Minutes at the Budget and Finance Committee Meeting, which constituted a quorum of the Board of Supervisors. The motion carried by the following vote, following general public comment: Ayes: 11 - Cohen, Brown, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee AGENDA CHANGES There were no agenda changes. City and County of San Francisco Page 607 Printed at 6:53 pm on 8/29/18 ### [Page 3](https://sfbos.info/documents/530/2018-07-31-minutes#page-3) Board of Supervisors Meeting Minutes 7/31/2018 CONSENT AGENDA Recommendations of the Government Audit and Oversight Committee 171004 [Settlement of Lawsuit - George Birmingham - City to Receive $1,500,000 for Sale of Parcels on the 400 Block of Burnett Avenue] Ordinance authorizing settlement of the lawsuit filed by George Birmingham against the City and County of San Francisco; approving the Agreement for Purchase and Sale of Real Estate; and authorizing official acts in connection with this Ordinance; the lawsuit was filed on September 9, 2015, in San Francisco Superior Court, Case No. CGC 15-547835; entitled George Birmingham v. City and County of San Francisco, et al.; the lawsuit involves plaintiff’s attempts to gain street access for his parcel that is separated from Burnett Avenue by a paper street owned by Public Works and a vacant Public Utilities Commission parcel; the material terms of the settlement are the City will pursue the legislative approvals necessary to sell the parcels to plaintiff, and plaintiff will purchase the parcels from the City for $1,500,000; approving the sale of the parcels; and affirming the Planning Department’s determination under the California Environmental Quality Act. (City Attorney) Ordinance No. 193-18 FINALLY PASSED 180633 [Partial Settlement of Lawsuit - Malcolm Davis - $28,000] Ordinance authorizing settlement of the lawsuit filed by Malcolm Davis against the City and County of San Francisco for $28,000; the lawsuit was filed on August 20, 2015, in San Francisco Superior Court, Case No. CGC-15-547492; entitled David Alfaro, et al. v. City and County of San Francisco; the lawsuit involves inverse condemnation arising out of flooding damage during major rainstorms; as it relates only to property loss of plaintiff Malcolm Davis, by the payment of $28,000, and excluding the claim by this plaintiff for diminution of value for plaintiff’s real property and the claim by plaintiff for attorney's fees, costs and interest, which will be addressed in later proceedings. (City Attorney) Ordinance No. 204-18 FINALLY PASSED 180638 [Settlement of Lawsuit - John H. Aspelin and Barbara J. Kaplan-Aspelin - $199,353] Ordinance authorizing settlement of the lawsuit filed by John H. Aspelin and Barbara J. Kaplan-Aspelin against the City and County of San Francisco for $199,353; the lawsuit was filed on December 29, 2016, in San Francisco Superior Court, Case No. CGC-16-556207; entitled John H. Aspelin and Barbara J. Kaplan-Aspelin v. City and County of San Francisco and Does 1 Through 50, Inclusive; the lawsuit involves damage to real property and personal property caused by an alleged flooding event at 1 Justin Drive; and appropriating San Francisco Public Utilities Commission funds for payment of the settlement amount. (City Attorney) Ordinance No. 205-18 FINALLY PASSED City and County of San Francisco Page 608 Printed at 6:53 pm on 8/29/18 ### [Page 4](https://sfbos.info/documents/530/2018-07-31-minutes#page-4) Board of Supervisors Meeting Minutes 7/31/2018 180703 [Settlement of Lawsuit - Charleen Maghzi - $1,427,637.59] Ordinance authorizing settlement of the lawsuit filed by Charlene Maghzi, individually and as trustee of the Maghzi Family Marital Trust, against the City and County of San Francisco for $1,427,637.59; the lawsuit was filed on January 26, 2018, in San Francisco Superior Court, Case No. CGC-18-563778; entitled Charleen Maghzi, individually and as trustee of the Maghzi Family Marital Trust v. The City and County of San Francisco; the lawsuit involves the plaintiff’s claim for damages arising from a 2016 landslide adjacent to Casitas Avenue in San Francisco; and appropriating San Francisco Public Utilities Commission funds for payment of the settlement amount. (City Attorney) Ordinance No. 189-18 FINALLY PASSED 180704 [Settlement of Lawsuit - Robert Brown - $119,909] Ordinance authorizing settlement of the lawsuit filed by Robert Brown against the City and County of San Francisco for $119,909; the lawsuit was filed on August 13, 2016, in United States District Court, Case No. 16-CV-04671; entitled Robert Brown v. City and County of San Francisco et al.; the lawsuit involves claims of alleged civil rights violation. (City Attorney) Ordinance No. 206-18 FINALLY PASSED 180705 [Settlement of Lawsuit - Isabel Rodriguez-Alba - $55,000] Ordinance authorizing settlement of the lawsuit filed by Isabel Rodriguez-Alba against the City and County of San Francisco for $55,000; the lawsuit was filed on November 10, 2015, in San Francisco Superior Court, Case No. CGC-15-548917; entitled Isabel Rodriguez-Alba v. City and County of San Francisco; the lawsuit involves an injury when plaintiff tripped and fell in a pothole. (City Attorney) Ordinance No. 207-18 FINALLY PASSED 180706 [Settlement of Lawsuit - Pacific Bell Telephone Company, and AT&T Services, Inc. - $852,057.22] Ordinance authorizing settlement of the lawsuit filed by Pacific Bell Telephone Company, and AT&T Services, Inc. against the City and County of San Francisco for $852,057.22; the lawsuit was filed on October 4, 2016, in San Francisco Superior Court, Case No. CGC-16-554661; entitled Pacific Bell Telephone Company, and AT&T Services, Inc. v. City and County of San Francisco and Does 1 to 100; the lawsuit involves damage to real and personal property caused by two alleged flooding events at 30 Onondaga Street; and appropriating San Francisco Public Utilities Commission funds for payment of the settlement amount. (City Attorney) Ordinance No. 208-18 FINALLY PASSED City and County of San Francisco Page 609 Printed at 6:53 pm on 8/29/18 ### [Page 5](https://sfbos.info/documents/530/2018-07-31-minutes#page-5) Board of Supervisors Meeting Minutes 7/31/2018 180707 [Settlement of Lawsuit - Gail Bonnifield, Aquene Cali Montano, a Minor, By And Through Her Guardian Ad Litem Ulises Montano, and Dontanayia Lockwood - $110,000] Ordinance authorizing settlement of the lawsuit filed by Gail Bonnifield, Aquene Cali Montano, a Minor, By And Through Her Guardian Ad Litem Ulises Montano, and Dontanayia Lockwood against the City and County of San Francisco, et al. for $110,000; the lawsuit was filed on March 22, 2017, in San Francisco Superior Court, Case No. CGC-17-557677; entitled Gail Bonnifield, et al. v. City and County of San Francisco, et al.; the lawsuit involves alleged personal injury from pedestrians being struck by a City vehicle. (City Attorney) Ordinance No. 209-18 FINALLY PASSED 180709 [Settlement of Lawsuit - Rita Kae Restrepo, Cheryl Randolph - $195,000] Ordinance authorizing settlement of the lawsuit filed by Rita Kae Restrepo and Cheryl Randolph against the City and County of San Francisco for $195,000; the lawsuit was filed on May 13, 2016, in the San Francisco Superior Court, Case No. CGC-16-551996; entitled Rita Kae Restrepo and Cheryl Randolph v. City and County of San Francisco, et al.; the lawsuit involves an employment dispute. (City Attorney) Ordinance No. 210-18 FINALLY PASSED Recommendations of the Land Use and Transportation Committee 171013 [Planning Code, Zoning Map - Amend Zoning Map Pursuant to Settlement] Sponsor: Mandelman Ordinance amending the Planning Code by revising Zoning Map Sheet ZN06 to rezone Assessor’s Parcel Block No. (AB) 2719C, Lot No. 023, located at Burnett Avenue and Burnett Avenue North, from Public (P) to Residential, Mixed Districts, Low Density (RM-1); rezoning a portion of Burnett Avenue North generally bounded by AB 2745, Lot No. 036, and AB 2719C, Lot No. 023, to RM-1; 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. Ordinance No. 194-18 FINALLY PASSED 180517 [Summary Street Vacation - Portion of Burnett Avenue North] Sponsor: Mandelman Ordinance ordering the summary street vacation of a portion of Burnett Avenue North, generally bounded by Assessor’s Parcel Block No. 2719C, Assessor’s Parcel Block No. 2745, and Burnett Avenue, subject to specified conditions; affirming the Planning Department’s determination under the California Environmental Quality Act; adopting findings of consistency with the General Plan, and eight priority policies of Planning Code, Section 101.1; and authorizing official acts taken in connection with this Ordinance, as defined herein. Ordinance No. 200-18 FINALLY PASSED City and County of San Francisco Page 610 Printed at 6:53 pm on 8/29/18 ### [Page 6](https://sfbos.info/documents/530/2018-07-31-minutes#page-6) Board of Supervisors Meeting Minutes 7/31/2018 Recommendations of the Rules Committee 180674 [Appointments, Treasury Oversight Committee - Ben Rosenfield, Reeta Madhavan, Eric Sandler, and Kevin Kone] Motion approving the Treasurer's nominations of Ben Rosenfield, Reeta Madhavan, Kevin Kone, and Eric Sandler, terms ending June 17, 2022, to the Treasury Oversight Committee. (Clerk of the Board) (Administrative Code, Section 5.9-3, provides that these nominations are subject to approval by the Board of Supervisors. There is no deadline for the Board to confirm these appointments. Transmittal date: June 28, 2018.) Motion No. M18-099 APPROVED 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: 11 - Cohen, Brown, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee City and County of San Francisco Page 611 Printed at 6:53 pm on 8/29/18 ### [Page 7](https://sfbos.info/documents/530/2018-07-31-minutes#page-7) Board of Supervisors Meeting Minutes 7/31/2018 REGULAR AGENDA UNFINISHED BUSINESS Recommendations of the Budget and Finance Committee President Cohen requested File Nos. 180574, 180575, 180580, 180583, 180585, 180586 and 180587 be called together. Supervisor Peskin Excused from Voting Supervisor Safai, seconded by Supervisor Ronen, moved that Supervisor Peskin be excused from voting on the divided portion of the question for File No. 180574. The motion carried by the following vote: Ayes: 10 - Cohen, Brown, Fewer, Kim, Mandelman, Ronen, Safai, Stefani, Tang, Yee Excused: 1 - Peskin 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: 10 - Cohen, Brown, Fewer, Kim, Mandelman, Ronen, Safai, Stefani, Tang, Yee Excused: 1 - 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: 10 - Cohen, Brown, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee Noes: 1 - Fewer Ordinance No. 181-18 The remaining balance of the question was FINALLY PASSED by the following vote: Ayes: 11 - Cohen, Brown, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee City and County of San Francisco Page 612 Printed at 6:53 pm on 8/29/18 ### [Page 8](https://sfbos.info/documents/530/2018-07-31-minutes#page-8) Board of Supervisors Meeting Minutes 7/31/2018 Upon approval of both the divided and remaining questions, the Ordinance was FINALLY PASSED as a whole. 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: 10 - Cohen, Brown, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee Noes: 1 - Fewer Ordinance No. 182-18 The remaining balance of the question was FINALLY PASSED by the following vote: Ayes: 11 - Cohen, Brown, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee Upon approval of both the divided and remaining questions, the Ordinance was FINALLY PASSED as a whole. 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: 11 - 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: 11 - Cohen, Brown, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee City and County of San Francisco Page 613 Printed at 6:53 pm on 8/29/18 ### [Page 9](https://sfbos.info/documents/530/2018-07-31-minutes#page-9) Board of Supervisors Meeting Minutes 7/31/2018 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: 11 - 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: 11 - 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: 11 - Cohen, Brown, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee City and County of San Francisco Page 614 Printed at 6:53 pm on 8/29/18 ### [Page 10](https://sfbos.info/documents/530/2018-07-31-minutes#page-10) Board of Supervisors Meeting Minutes 7/31/2018 Recommendations of the Budget and Finance Sub-Committee 180356 [Contract Amendment - Western Area Power Administration - Low-Cost Power and Scheduling Coordinator Services - Treasure 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: 11 - 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: 11 - 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: 11 - Cohen, Brown, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee City and County of San Francisco Page 615 Printed at 6:53 pm on 8/29/18 ### [Page 11](https://sfbos.info/documents/530/2018-07-31-minutes#page-11) Board of Supervisors Meeting Minutes 7/31/2018 Recommendations of the Land Use and Transportation Committee 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: 11 - Cohen, Brown, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee 180798 [Planning Code - 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: 11 - Cohen, Brown, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee City and County of San Francisco Page 616 Printed at 6:53 pm on 8/29/18 ### [Page 12](https://sfbos.info/documents/530/2018-07-31-minutes#page-12) Board of Supervisors Meeting Minutes 7/31/2018 Appointment of President Pro Tempore At the request of President Cohen, Supervisor Safai assumed the chair at 2:28 p.m. so the President could participate in the debate on File No. 180319 from the floor. The President resumed the chair at 2:32 p.m. At the request of President Cohen, Supervisor Safai assumed the chair at 2:41 p.m. so the President could participate in the debate on File No. 180319 from the floor. The President resumed the chair at 2:48 p.m. 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: 8 - Cohen, Fewer, Kim, Peskin, Safai, Stefani, Tang, Yee Noes: 3 - 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: 11 - Cohen, Brown, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee City and County of San Francisco Page 617 Printed at 6:53 pm on 8/29/18 ### [Page 13](https://sfbos.info/documents/530/2018-07-31-minutes#page-13) Board of Supervisors Meeting Minutes 7/31/2018 180456 [Planning Code - HOME-SF and 100% Affordable Housing Bonus Program] 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: 11 - 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: 11 - 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: 11 - Cohen, Brown, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee City and County of San Francisco Page 618 Printed at 6:53 pm on 8/29/18 ### [Page 14](https://sfbos.info/documents/530/2018-07-31-minutes#page-14) Board of Supervisors Meeting Minutes 7/31/2018 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: 11 - 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: 11 - Cohen, Brown, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee City and County of San Francisco Page 619 Printed at 6:53 pm on 8/29/18 ### [Page 15](https://sfbos.info/documents/530/2018-07-31-minutes#page-15) Board of Supervisors Meeting Minutes 7/31/2018 NEW BUSINESS Recommendations of the Budget and Finance Sub-Committee 180480 [Administrative Code - Office of Sexual Harassment and Assault Response and Prevention] Sponsors: Ronen; Stefani, Kim, Fewer, Cohen, Tang, Safai, Yee, Peskin and Brown Ordinance amending the Administrative Code to establish, and to set rules governing the appointment of the Director and the qualifications and duties of employees of the Office of Sexual Harassment and Assault Response and Prevention (Office) as a City department under the direction and oversight of the Human Rights Commission, which Office shall be responsible for: 1) receiving complaints concerning the manner in which any City department has responded or failed to respond to allegations of sexual assault or sexual harassment, and assisting complainants in navigating within City government to resolve those complaints; 2) compelling the attendance of City officers or employees at meetings with complainants; 3) notifying relevant City departments of any failure, in connection with a complaint of sexual assault or sexual harassment, to perform a duty imposed by law, or to perform a promised act, 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: 11 - Cohen, Brown, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee City and County of San Francisco Page 620 Printed at 6:53 pm on 8/29/18 ### [Page 16](https://sfbos.info/documents/530/2018-07-31-minutes#page-16) Board of Supervisors Meeting Minutes 7/31/2018 President Cohen requested File Nos. 180379 and 180422 be called together. 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: 11 - 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: 11 - 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: 11 - Cohen, Brown, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee City and County of San Francisco Page 621 Printed at 6:53 pm on 8/29/18 ### [Page 17](https://sfbos.info/documents/530/2018-07-31-minutes#page-17) Board of Supervisors Meeting Minutes 7/31/2018 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: 11 - Cohen, Brown, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee 180373 [Initiative Ordinance - 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: 11 - Cohen, Brown, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee Recommendation of the Land Use and Transportation Committee 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: 11 - Cohen, Brown, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee City and County of San Francisco Page 622 Printed at 6:53 pm on 8/29/18 ### [Page 18](https://sfbos.info/documents/530/2018-07-31-minutes#page-18) Board of Supervisors Meeting Minutes 7/31/2018 Recommendations of the Public Safety and Neighborhood Services Committee President Cohen requested File Nos. 180238 and 180741 be called together. 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: 11 - 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: 11 - Cohen, Brown, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee Recommendations of the Rules Committee Appointment of President Pro Tempore At the request of President Cohen, Supervisor Peskin assumed the chair at 3:56 p.m. so the President could participate in the debate on File No. 170738 from the floor. The President resumed the chair at 3:59 p.m. 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: 11 - Cohen, Brown, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee City and County of San Francisco Page 623 Printed at 6:53 pm on 8/29/18 ### [Page 19](https://sfbos.info/documents/530/2018-07-31-minutes#page-19) Board of Supervisors Meeting Minutes 7/31/2018 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: 11 - 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: 11 - Cohen, Brown, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee President Cohen requested File Nos. 180745 and 180746 be called together. 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: 11 - 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: 11 - Cohen, Brown, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee City and County of San Francisco Page 624 Printed at 6:53 pm on 8/29/18 ### [Page 20](https://sfbos.info/documents/530/2018-07-31-minutes#page-20) Board of Supervisors Meeting Minutes 7/31/2018 President Cohen requested File Nos. 180747 and 180748 be called together. 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: 11 - 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: 11 - 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: 11 - 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: 11 - Cohen, Brown, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee City and County of San Francisco Page 625 Printed at 6:53 pm on 8/29/18 ### [Page 21](https://sfbos.info/documents/530/2018-07-31-minutes#page-21) Board of Supervisors Meeting Minutes 7/31/2018 SPECIAL ORDER 2:30 P.M. - Recognition of Commendations Supervisor Ronen, seconded by Supervisor Tang, moved to suspend Rule 5.36 of the Rules of Order of the Board of Supervisors to grant privilege of the floor to the following guests. The motion carried by the following vote: Ayes: 11 - Cohen, Brown, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee President Cohen introduced, welcomed, and presented a Certificate of Honor to Anne Kronenberg, Director of the Department of Emergency Management, on the occasion of her retirement from the City and County of San Francisco, and in recognition of her more than 40 years in public service. Supervisors Ronen, Tang, Mandelman, Fewer, Peskin, Yee, Stefani and Brown shared in this commendation. Supervisor Tang introduced, welcomed, and presented Certificates of Honor to Sue Muzzin, Vice President of Public Relations; Kathy Paver, Senior Vice President of Marketing; Shari Annes, Funds for a Sustainable Tomorrow; and George Jacobs, President/CEO of Aquarium by the Bay, accepted on behalf of Pier 39, in recognition of their proactive work and implementation of the “Skip the Straw” campaign. SPECIAL ORDER 3:00 P.M. President Cohen requested File Nos. 180697, 180698, 180699 and 180700 be called together. 180697 [Hearing - Appeal of Determination of Community Plan Evaluation - 429 Beale Street and 430 Main Street] Hearing of persons interested in or objecting to a Community Plan Evaluation by the Planning Department under the California Environmental Quality Act on March 19, 2018, for the proposed project at 429 Beale Street and 430 Main Street, approved on May 24, 2018, to merge two existing lots into a single 18,906-square-foot lot, demolishing existing buildings, and constructing a nine-story, 84-foot-tall building containing 144 dwelling units and 73 parking spaces. (District 6) (Appellant: Dane M. Ince) (Filed June 25, 2018) (Clerk of the Board) President Cohen opened the public hearing and Supervisor Kim provided opening remarks reiterating that correspondence was received from the appellant withdrawing the appeal. The President then inquired as to whether any individual wished to address the Board. There were no speakers. President Cohen closed public comment and declared the public hearing heard and filed. HEARD AND FILED 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: 11 - Cohen, Brown, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee City and County of San Francisco Page 626 Printed at 6:53 pm on 8/29/18 ### [Page 22](https://sfbos.info/documents/530/2018-07-31-minutes#page-22) Board of Supervisors Meeting Minutes 7/31/2018 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: 11 - 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: 11 - Cohen, Brown, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee COMMITTEE REPORTS Recommendations of the Budget and Finance Sub-Committee President Cohen requested File Nos. 18208, 180209, 180210, 180211 and 180420 be called together. 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: 11 - Cohen, Brown, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee City and County of San Francisco Page 627 Printed at 6:53 pm on 8/29/18 ### [Page 23](https://sfbos.info/documents/530/2018-07-31-minutes#page-23) Board of Supervisors Meeting Minutes 7/31/2018 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: 11 - 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: 11 - 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: 11 - 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: 11 - Cohen, Brown, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee City and County of San Francisco Page 628 Printed at 6:53 pm on 8/29/18 ### [Page 24](https://sfbos.info/documents/530/2018-07-31-minutes#page-24) Board of Supervisors Meeting Minutes 7/31/2018 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: 11 - 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: 11 - 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: 11 - Cohen, Brown, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee City and County of San Francisco Page 629 Printed at 6:53 pm on 8/29/18 ### [Page 25](https://sfbos.info/documents/530/2018-07-31-minutes#page-25) Board of Supervisors Meeting Minutes 7/31/2018 180738 [Multifamily Housing Revenue Bonds - 691 China Basin Street (Mission Bay South Block 6 West) - Not to Exceed $80,000,000] Sponsor: Kim Resolution declaring the intent of the City and County of San Francisco (“City”) to reimburse certain expenditures from proceeds of future bonded indebtedness; authorizing the Director of the Mayor’s Office of Housing and Community 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: 11 - Cohen, Brown, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee 180629 [Initiative Ordinance - Business and Tax Regulations Code - Additional Gross Receipts Tax on Cannabis] Sponsor: 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 to impose an additional gross receipts tax, starting January 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; and increasing the City’s appropriations limit by the amount collected under the new tax for four years from November 6, 2018. (This item was not referred to the full Board as a Committee Report.) Appointment of President Pro Tempore At the request of President Cohen, Supervisor Safai assumed the chair at 4:12 p.m. so the President could participate in the debate on File No. 180765 from the floor. The President resumed the chair at 4:40 p.m. City and County of San Francisco Page 630 Printed at 6:53 pm on 8/29/18 ### [Page 26](https://sfbos.info/documents/530/2018-07-31-minutes#page-26) Board of Supervisors Meeting Minutes 7/31/2018 180765 [Initiative Ordinance - Business and Tax Regulations Code - Additional Gross Receipts Tax on Cannabis; Additional Conditions Subjecting Persons to Business Taxes] Sponsor: 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 to impose an additional gross receipts tax, starting January 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: 8 - Cohen, Brown, Fewer, Peskin, Safai, Stefani, Tang, Yee Noes: 3 - Kim, Mandelman, Ronen City and County of San Francisco Page 631 Printed at 6:53 pm on 8/29/18 ### [Page 27](https://sfbos.info/documents/530/2018-07-31-minutes#page-27) Board of Supervisors Meeting Minutes 7/31/2018 Recommendations of the Land Use and Transportation Committee 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: 11 - 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: 8 - Cohen, Brown, Mandelman, Ronen, Safai, Stefani, Tang, Yee Noes: 3 - Fewer, Kim, Peskin Supervisor Yee, seconded by Supervisor Peskin, moved to rescind the previous vote. The motion carried by the following vote: Ayes: 11 - Cohen, Brown, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee PASSED ON FIRST READING by the following vote: Ayes: 7 - Cohen, Brown, Mandelman, Ronen, Safai, Stefani, Tang Noes: 4 - Fewer, Kim, Peskin, Yee ROLL CALL FOR INTRODUCTIONS See Legislation Introduced below. Appointment of President Pro Tempore At the request of President Cohen, Supervisor Safai assumed the chair at 5:18 p.m. The President resumed the chair at 5:22 p.m. Supervisor Kim was noted absent at 5:30 p.m. and for the remainder of the meeting. City and County of San Francisco Page 632 Printed at 6:53 pm on 8/29/18 ### [Page 28](https://sfbos.info/documents/530/2018-07-31-minutes#page-28) Board of Supervisors Meeting Minutes 7/31/2018 PUBLIC COMMENT Mr. Wright; shared concerns regarding the availability of affordable housing. Allen Jones; expressed concerns regarding the renaming of Harvey Milk International Airport. Peter Warfield; shared concerns regarding the Public Library and the implementation of Radio Frequency Identification. Karen Fleshman; shared concerns regarding racism and the murder of Nia Wilson. Shawn “Supergirl” Strickland; shared concerns regarding racism and the murder of Nia Wilson. Roderick Coleman; shared his experience in the Fresh Start Program. Amanda Guntzwiller; shared concerns regarding the implementation of the flavored tobacco prohibition. Tom Gilberty; shared concerns regarding police reform and global climate changes. Speaker; shared concerns regarding flavored tobacco and vaping. Wynship W. Hillier; shared various mental illness experiences and unconstitutional outpatient treatment, and requesting the Board stop funding Citywide Case Management/Community Focus. Charles Pitts; expressed concerns regarding violence in shelters and a lack of oversight. Supervisor Kim Excused from Attendance Supervisor Cohen, seconded by Supervisor Peskin, moved that Supervisor Kim be excused beginning at 5:36 p.m. and for the remainder of the meeting. The motion carried by the following vote: Ayes: 10 - Cohen, Brown, Fewer, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee Excused: 1 - Kim FOR ADOPTION WITHOUT COMMITTEE REFERENCE 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: 10 - Cohen, Brown, Fewer, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee Excused: 1 - Kim City and County of San Francisco Page 633 Printed at 6:53 pm on 8/29/18 ### [Page 29](https://sfbos.info/documents/530/2018-07-31-minutes#page-29) Board of Supervisors Meeting Minutes 7/31/2018 180774 [Authorizing Preparation of Proponent Ballot 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: 10 - Cohen, Brown, Fewer, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee Excused: 1 - 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: 10 - Cohen, Brown, Fewer, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee Excused: 1 - Kim IMPERATIVE AGENDA There were no imperative agenda items. City and County of San Francisco Page 634 Printed at 6:53 pm on 8/29/18 ### [Page 30](https://sfbos.info/documents/530/2018-07-31-minutes#page-30) Board of Supervisors Meeting Minutes 7/31/2018 LEGISLATION INTRODUCED AT ROLL CALL Introduced by a Supervisor or the Mayor Pursuant to Charter, Section 2.105, an Ordinance or Resolution may be introduced before the Board of Supervisors by a Member of the Board, a Committee of the Board, or the Mayor and shall be referred to and reported upon by an appropriate Committee of the Board. ORDINANCES 160689 [Campaign and Governmental Conduct Code - Expanding Scope of Whistleblower Protection Ordinance] Sponsor: Cohen Ordinance amending the Campaign and Governmental Conduct Code to broaden the agencies with which a whistleblower may file a complaint, provide retaliation protections for City contractors, increase the remedies available for whistleblowers who have suffered retaliation, and establish greater confidentiality protections for whistleblowers’ identities. 06/14/16; ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 7/14/2016. 06/28/16; REFERRED TO DEPARTMENT. 09/07/16; TRANSFERRED to Government Audit and Oversight Committee. 02/16/17; REMAIN ACTIVE. 10/02/17; FILED PURSUANT TO RULE 3.41. 07/31/18; REACTIVATED PURSUANT TO RULE 3.42 to Rules Committee. 180644 [Planning Code, Zoning Map - Design Professional Special Use District] Sponsor: Cohen Ordinance amending the Planning Code and Zoning Map to create the Design Professional Special Use District at 2 Henry Adams Street, Assessor’s Parcel Block No. 3910, Lot No. 001, to allow for Design Professional uses above the second story in a PDR-1-D (Production, Distribution, and Repair Design) zoning district with a Conditional Use Authorization; affirming the Planning Commission’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, and findings of public necessity, convenience, and general welfare under Planning Code, Section 302. 06/12/18; ASSIGNED UNDER 30 DAY RULE to Land Use and Transportation Committee, expires on 7/12/2018. 06/18/18; REFERRED TO DEPARTMENT. 07/03/18; RESPONSE RECEIVED. 07/31/18; SUBSTITUTED AND ASSIGNED to Land Use and Transportation Committee. City and County of San Francisco Page 635 Printed at 6:53 pm on 8/29/18 ### [Page 31](https://sfbos.info/documents/530/2018-07-31-minutes#page-31) Board of Supervisors Meeting Minutes 7/31/2018 180797 [Setting Property Tax Rate and Establishing Pass-Through Rate for Residential Tenants - FY2018-2019] Sponsor: Cohen Ordinance levying property taxes at a combined rate of $1.1630 on each $100 valuation of taxable property for the City and County of San Francisco, San Francisco Unified School District, San Francisco Community College District, Bay Area Rapid Transit District, and Bay Area Air Quality Management District; and establishing a pass-through rate of $0.0675 per $100 of assessed value for residential tenants pursuant to Administrative Code, Chapter 37, for the fiscal year ending June 30, 2019. (Fiscal Impact) 07/31/18; ASSIGNED UNDER 30 DAY RULE to Budget and Finance Committee, expires on 8/30/2018. 180800 [Administrative Code - Cannabis Oversight Committee] Sponsors: Fewer; Kim and Yee Ordinance amending the Administrative Code to establish the Cannabis Oversight Committee to advise the Board of Supervisors and the Mayor regarding the implementation and enforcement of City laws and regulations relating to cannabis; and to require the Director of the Office of Cannabis to report information to the Committee regarding the growth of the cannabis industry in the City. 07/31/18; ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 8/30/2018. 180801 [Amending Ordinance No. 1061 - Sidewalk Width Change - Portions of Beale Street, Howard Street, and Main Street] Sponsor: Kim Ordinance amending Ordinance No. 1061 titled “Regulating the Width of Sidewalks” to change the official sidewalk width of certain locations fronting Assessor’s Parcel Block No. 3718, along the northeasterly side of Beale Street between Mission and Howard Streets, the northwesterly side of Howard Street between Main and Beale Streets, and the southwesterly side of Main Street between Howard and Mission Streets, and to eliminate and reduce portions of the official sidewalk fronting Assessor’s Parcel Block No. 3718, Lot No. 38; adopting 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. 07/31/18; ASSIGNED UNDER 30 DAY RULE to Land Use and Transportation Committee, expires on 8/30/2018. 180802 [Administrative Code - Labor Peace Agreements for Excursion Vessel Operations Under Lease with the Port] Sponsor: Peskin Ordinance amending the Administrative Code to require Labor Peace Agreements between employers operating excursion vessels under a Port lease and labor organizations seeking to represent their employees to protect the City’s ongoing proprietary interest. 07/31/18; ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 8/30/2018. City and County of San Francisco Page 636 Printed at 6:53 pm on 8/29/18 ### [Page 32](https://sfbos.info/documents/530/2018-07-31-minutes#page-32) Board of Supervisors Meeting Minutes 7/31/2018 180803 [Planning Code - Mission Alcoholic Beverage Special Use District and Mission Street Neighborhood Commercial Transit District] Sponsor: Ronen Ordinance amending the Planning Code to require Conditional Use Authorization for Restaurants and prohibit new brewpubs within a subarea of the Mission Alcoholic Beverage Special Use District; to establish limits on the number of eating and drinking establishments, require Conditional Use Authorization for replacing Legacy Businesses and new bars, prohibit mergers of commercial space resulting in greater than 1,500 gross square feet, require ground-floor non-residential tenant space for large projects, and expand Philanthropic Service and Light Manufacturing uses in the Mission Street Neighborhood Commercial Transit District; 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, and findings of public necessity, convenience, and welfare under Planning Code, Section 302. 07/31/18; ASSIGNED UNDER 30 DAY RULE to Land Use and Transportation Committee, expires on 8/30/2018. 180804 [Health Code - Surplus Medication Repository and Distribution Program] Sponsors: Safai; Stefani Ordinance amending the Health Code to establish a Surplus Medication Repository and Distribution Program, to be overseen by the Department of Public Health. 07/31/18; ASSIGNED UNDER 30 DAY RULE to Public Safety and Neighborhood Services Committee, expires on 8/30/2018. 180805 [Police Code - Agreements Between Cannabis Businesses and Labor Organizations - Hiring Graduates of Apprenticeship and Pre-Apprenticeship Programs] Sponsor: Safai Ordinance amending the Police Code to require Cannabis Businesses, when entering into a City-mandated Labor Peace Agreement or collective bargaining agreement, to also agree that 35% of new hires shall be graduates of State-approved apprenticeship programs or of City-certified pre-apprenticeship programs, if a relevant program of either type exists. 07/31/18; ASSIGNED UNDER 30 DAY RULE to Public Safety and Neighborhood Services Committee, expires on 8/30/2018. 180806 [Planning Code - Flexible Retail Use] Sponsor: Tang Ordinance amending the Planning Code to create a new Use allowing flexible, multi-use retail; making Flexible Retail principally permitted in Supervisorial District Four; 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. 07/31/18; ASSIGNED UNDER 30 DAY RULE to Land Use and Transportation Committee, expires on 8/30/2018. 180807 [Administrative Code - Early Care and Education for All] Sponsors: Yee; Kim, Ronen and Cohen Ordinance amending the Administrative Code to establish the Early Care and Education for All Initiative, to be funded by appropriations from the Babies and Families First Fund, including procedures concerning a spending plan and reporting requirements. 07/31/18; ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 8/30/2018. City and County of San Francisco Page 637 Printed at 6:53 pm on 8/29/18 ### [Page 33](https://sfbos.info/documents/530/2018-07-31-minutes#page-33) Board of Supervisors Meeting Minutes 7/31/2018 RESOLUTIONS 180808 [Opposing California State Proposition 6 on the November 6, 2018, Ballot] Sponsor: Peskin Resolution opposing California State Proposition 6 on the November 6, 2018, ballot, the Voter Approval for Future Gas and Vehicle Taxes and 2017 Tax Repeal Initiative, which would repeal the Road Repair and Accountability Act of 2017 and require voter approval to impose, increase, or extend any future fuel tax or vehicle fee. 07/31/18; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 180809 [Port Agreement with the National Park Service and Lease with the Golden Gate National Parks Conservancy - Alcatraz Island Embarkation at Piers 31-33] Sponsor: Peskin Resolution approving a General Agreement between the Port and the National Park Service for a 30-year term with two ten-year options allowing ferry concessioners to use Port Piers 31-33 on The Embarcadero at Bay Street (Site) under lease from the Port as the embarkation to Alcatraz Island and other Golden Gate National Recreation Area sites, and a Lease Agreement with the Golden Gate National Parks Conservancy to develop and operate visitor amenities at the Site for a 30-year term with two ten-year options, to commence upon approval by the Board of Supervisors; affirming the Port Commission’s Public Trust findings; and making findings under the California Environmental Quality Act, and adopting the Mitigation Monitoring and Reporting Program for the Alcatraz Ferry Embarkation Project located at Piers 31-33 on The Embarcadero at Bay Street. (Fiscal Impact; No Budget and Legislative Analyst Report) 07/31/18; RECEIVED AND ASSIGNED to Budget and Finance Committee. 180810 [Multifamily Housing Revenue Bonds - 1990 Folsom Street - Not to Exceed $76,000,000] Sponsor: Ronen Resolution approving, for purposes of the Internal Revenue Code of 1986, as amended, the issuance and sale of residential mortgage revenue bonds by the City and County of San Francisco in an aggregate principal amount not to exceed $76,000,000 for the purpose of providing financing for the construction of a 143-unit multifamily rental housing project, located at 1990 Folsom Street (the “Project”) by 1990 Folsom Housing Associates, L.P.; 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. 07/31/18; RECEIVED AND ASSIGNED to Budget and Finance Committee. City and County of San Francisco Page 638 Printed at 6:53 pm on 8/29/18 ### [Page 34](https://sfbos.info/documents/530/2018-07-31-minutes#page-34) Board of Supervisors Meeting Minutes 7/31/2018 180811 [Multifamily Housing Revenue Bonds - 1045 Capp Street (Abel Gonzales Apartments) - Not to Exceed $20,000,000] Sponsor: Ronen Resolution declaring the intent of the City and County of San Francisco (“City”) to reimburse certain expenditures from proceeds of future bonded indebtedness; authorizing the Director of the Mayor’s Office of Housing and Community 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 $20,000,000 for 1045 Capp Street (Abel Gonzales Apartments ); 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 $20,000,000; 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. 07/31/18; RECEIVED AND ASSIGNED to Budget and Finance Committee. 180812 [Agreement Amendment - California Department of Transportation - Incorporate Additional Facilities and City Trench Standards] Sponsor: Tang Resolution approving the Second Amendment to the Agreement for Maintenance of State Highways in San Francisco between the City and County of San Francisco (“City”) and the State of California Department of Transportation (“Caltrans”) to include City’s maintenance of additional facilities on right-of-way within Caltrans jurisdiction, including City’s maintenance and operation of additional electrical equipment on Sloat Boulevard (State Route 35) at Forest View Drive, 23rd Avenue, 36th Avenue, Constanso Way, El Mirasol Place, 26th Avenue, and 21st Avenue, and on San Jose Avenue (State Route 82) at Goethe Street and Rice Street; to include City’s maintenance of speed bumps, pedestrian barrier rail, signage, and red concrete at the intersection of Rossmoor Drive and 19th Avenue; and to reflect Caltrans’ authorization of the City’s construction and use of water, sewer, and auxiliary water supply system trench facilities compliant with City standards (“City Trench Details”) on certain specified routes, including portions of Caltrans right-of-way on Van Ness Avenue, Lombard Street, and 19th Avenue, and the City’s indemnification of Caltrans regarding any failures, defects, conditions, or damage resulting from the construction and use of the City Trench Details. 07/31/18; RECEIVED AND ASSIGNED to Land Use and Transportation Committee. REQUESTS FOR HEARING 180813 [Hearing - San Francisco Municipal Transportation Agency - Review of Training Procedures, Policies, Hiring Practices, and Retention of Current Operators] Sponsor: Brown Hearing for the San Francisco Municipal Transportation Agency (SFMTA) to explain why there is a shortage of trained operators for San Francisco's municipal transit fleet, despite knowing that new vehicles have been purchased and are scheduled to come into service to alleviate ongoing and increased congestion, and to explain the current delay of services despite being alerted to this issue in 2017; and requesting SFMTA to report. 07/31/18; RECEIVED AND ASSIGNED to Land Use and Transportation Committee. City and County of San Francisco Page 639 Printed at 6:53 pm on 8/29/18 ### [Page 35](https://sfbos.info/documents/530/2018-07-31-minutes#page-35) Board of Supervisors Meeting Minutes 7/31/2018 180814 [Hearing - Police Department - Comprehensive Plan and Citywide Strategy on Neighborhood Automobile Break-Ins, Bicycle Theft, and Property Crime] Sponsors: Yee; Ronen, Fewer, Kim and Stefani Hearing to review the six month report by the Police Department on the implementation of the Comprehensive Plan and Citywide Strategy on Neighborhood Automobile Break-Ins, Bicycle Theft and Property Crime, enacted by Resolution No. 399-17; and requesting the Police Department to report. 07/31/18; RECEIVED AND ASSIGNED to Public Safety and Neighborhood Services Committee. Introduced at the Request of a Department Pursuant to Rules of Order of the Board of Supervisors, Section 2.7.1, Department Heads may submit proposed legislation to the Clerk of the Board, in which case titles of the legislation will be printed at the rear of the next available agenda of the Board. PROPOSED RESOLUTIONS 180768 [Memorandum of Understanding - California Automated Consortium Eligibility System - Welfare Client Data System Consortium - Shared Services Approval] Resolution approving certification of the memorandum between the California Automated Consortium Eligibility System and Welfare Client Data System Consortium for the provision of procurement and implementation of shared services which would facilitate the move toward a single statewide-automated welfare system. (Human Services Agency) (Fiscal Impact; No Budget and Legislative Analyst Report) 07/19/18; RECEIVED FROM DEPARTMENT. 07/31/18; RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. 180769 [Real Property Lease Amendment - 25 Van Ness Avenue, Lower Level - New Conservatory Theatre Center - Monthly Base Rent $7,983] Resolution authorizing the lease amendment to extend approximately 12,792 rentable square feet of space at 25 Van Ness, Lower Level, to New Conservatory Theatre Center, a California non-profit corporation, for a monthly base rent of $7,983 for a total annual base rent of $95,796 for the period of October 1, 2018, through September 30, 2023. (Real Estate Department) 07/20/18; RECEIVED FROM DEPARTMENT. 07/31/18; RECEIVED AND ASSIGNED to Budget and Finance Committee. City and County of San Francisco Page 640 Printed at 6:53 pm on 8/29/18 ### [Page 36](https://sfbos.info/documents/530/2018-07-31-minutes#page-36) Board of Supervisors Meeting Minutes 7/31/2018 180770 [Contract Agreement - Western States Oil and SC Fuels - Gasoline - Not to Exceed $40,000,000] Resolution retroactively approving the Agreement between the City and County of San Francisco and the Primary Contractor, Western States Oil, and the Secondary Contractor, SC Fuels, for gasoline, for an initial term of three years from September 1, 2018, through August 21, 2021, with two one-year options to extend, for a not to exceed amount of $40,000,000, pursuant to Charter, Section 9.118(b). (Office of Contract Administration) (Fiscal Impact; No Budget and Legislative Analyst Report) 07/23/18; RECEIVED FROM DEPARTMENT. 07/31/18; RECEIVED AND ASSIGNED to Budget and Finance Committee. 180771 [Settlement of Unlitigated Claim - Expa, LLC - $32,120.34] Resolution approving the settlement of the unlitigated claim filed by Expa, LLC against the City and County of San Francisco for $32,120.34; the claim was filed on December 15, 2017; the claim involves a refund of gross receipts taxes. (City Attorney) 07/23/18; RECEIVED FROM DEPARTMENT. 07/31/18; RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. In Memoriams Marie Hollins - Supervisor Safai Mercedes Ruiz - Supervisor Tang Phillip Scott Ryan - Board President Cohen, Supervisors Brown and Peskin Gus Konstin - Board President Cohen and Entire Board ADJOURNMENT There being no further business, the Board adjourned at the hour 6:08 p.m. N.B. The Minutes of this meeting set forth all actions taken by the Board of Supervisors on the matters stated, but not necessarily the chronological sequence in which the matters were taken up. Approved by the Board of Supervisors on September 4, 2018. Angela Calvillo, Clerk of the Board City and County of San Francisco Page 641 Printed at 6:53 pm on 8/29/18