Board of Supervisors Minutes: September 4, 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. Ordinance No. 216-18 FINALLY PASSED The foregoing items were acted upon by the following vote:

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

Noes: None

posed 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) Ordinance No. 215-18 FINALLY PASSED by the following vote:

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

Noes: None

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. Ordinance No. 213-18 FINALLY PASSED by the following vote:

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

Noes: Brown, Mandelman, Ronen

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. Ordinance No. 218-18 FINALLY PASSED by the following vote:

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

Noes: Fewer, Kim

he execution and delivery of a multifamily housing revenue note in one or more series in an aggregate principal amount not to exceed $35,712,500 for the purpose of providing financing for the construction of an 81-unit multifamily rental housing project known as “490 South Van Ness Avenue”; approving the form of and authorizing the execution of a funding loan agreement providing the terms and conditions of the loan from the funding lender to the City and the execution and delivery of the note; approving the form of and authorizing the execution of a borrower loan agreement providing the terms and conditions of the loan from the City to the borrower; approving the form of and authorizing the execution of a regulatory agreement and declaration of restrictive covenants; authorizing the collection of certain fees; approving modifications, changes and additions to the documents; ratifying and approving any action heretofore taken in connection with the back-to-back loans, the note and the project; granting general authority to City officials to take actions necessary to implement this Resolution and related matters, as defined herein. Resolution No. 289-18 ADOPTED by the following vote:

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

Noes: None

180688 [Ground Lease - 490 South Van Ness Avenue - 490 SVN Housing Associates, LP - $15,000 Annual Base Rent] Sponsors: Mayor; Ronen Resolution approving and authorizing a long term Ground Lease with 490 SVN Housing Associates, LP, on City owned land at 490 South Van Ness Avenue (“Property”) for a term of 75 years, to commence following Board approval, with one 24-year extension option, and with an annual base rent of $15,000 in order to construct a 100% affordable, 80-unit multifamily rental housing development (plus one manager unit) for low-income persons (“Project”); adopting findings that the Ground Lease is consistent with the California Environmental Quality Act, the General Plan, and the priority policies of Planning Code, Section 101.1; and authorizing the Acting Director of Property and Director of Mayor’s Office of Housing and Community Development to execute documents, make certain modifications, and take certain actions in furtherance of this Resolution, as defined herein. (Fiscal Impact) Resolution No. 290-18 ADOPTED by the following vote:

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

Noes: None

180714 [Agreement Amendment - California Department of Health Care Services - Change Effective End Date of Agreement - Mental Health Plan - Not to Exceed $238,581,122] Resolution authorizing the San Francisco Department of Public Health, Community Behavioral Health Services, to retroactively enter into an amended Agreement No. 12-89390 with the California Department of Health Care Services to change the end date of the agreement from April 30, 2018, to June 30, 2017, with no change to the amount not to exceed $238,581,122. (Public Health Department) Resolution No. 291-18 ADOPTED by the following vote:

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

Noes: None

180715 [Agreement - California Department of Health Care Services - Mental Health Plan - $0] Resolution retroactively approving Agreement No. 17-94609, between Department of Public Health, Community Behavioral Health Services, and the California Department of Health Care Services, for the San Francisco Mental Health Plan, for a five year term of July 1, 2017, through June 30, 2022, in the amount of $0. (Public Health Department) Resolution No. 292-18 ADOPTED by the following vote:

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

Noes: None

180716 [Contract Agreement - Regents of the University of California - Behavioral Health Services for Adults and Older Adults - Not to Exceed $22,811,510] Resolution retroactively approving a contract agreement between the Department of Public Health and The Regents of the University of California, for behavioral health services for adults and older adults for a contract term of four years, from July 1, 2018, through June 30, 2022, in an amount not to exceed $22,811,510. (Public Health Department) (Fiscal Impact) Resolution No. 293-18 ADOPTED by the following vote:

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

Noes: None

180053 [Planning Code - Massage Establishments - Union Street Neighborhood Commercial District] Sponsor: Stefani Ordinance amending the Planning Code to conditionally permit Massage Establishments, as defined, in the Union Street Neighborhood Commercial District; 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 findings of public convenience, necessity, and welfare under Planning Code, Section 302. PASSED ON FIRST READING by the following vote:

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

Noes: None

180364 [Planning Code - Affordable Housing Projects on Undeveloped Lots in Service/Arts/Light Industrial Districts] Sponsor: Kim Ordinance amending the Planning Code to permit Affordable Housing on undeveloped lots in Service/Arts/Light Industrial (SALI) Zoning Districts; 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. PASSED ON FIRST READING by the following vote:

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

Noes: None

180558 [Public Works Code - Repeal of Reclaimed Water Use Ordinance] Ordinance amending the Public Works Code to repeal the Reclaimed Water Use Ordinance; and affirming the Planning Department’s determination under the California Environmental Quality Act. (Public Utilities Commission) Supervisor Peskin, seconded by Supervisor Safai, moved that this Ordinance be RE-REFERRED to the Land Use and Transportation Committee. The motion carried by the following vote:

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

Noes: None

the certification of a Final Environmental Impact Report for the proposed Central SoMa Plan identified in Planning Case No. 2011.1356E, issued by the Planning Commission through Motion No. 20182 dated May 10, 2018. (District 6) (Appellants: Richard Drury, of Lozeau Drury LLP on behalf of Central SoMa Neighbors and SFBlu; Angelica Cabande for the South of Market Community Action Network (SOMCAN); John Elberling for the Yerba Buena Neighborhood Consortium; Phillip Babich of Reed Smith LLP, on behalf of One Vassar, LLC) (First appeal filed on June 8, 2018, and the subsequent three appeals filed on June 11, 2018.) (Clerk of the Board) President Cohen opened the public hearing and inquired as to whether any individual wished to address the Board. Supervisor Kim provided opening remarks and indicated she would be making a motion to continue these matters to a later date. David Woo; spoke on various concerns relating to the continuance. There were no other speakers. President Cohen closed public comment. Supervisor Kim, seconded by Supervisor Tang, moved that this Hearing be CONTINUED OPEN to the Board of Supervisors meeting of September 11, 2018. The motion carried by the following vote:

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

Noes: None

180652 [Affirming the Final Environmental Impact Report Certification - Central SoMa Plan] Motion affirming the Planning Commission’s certification of the Final Environmental Impact Report prepared for the proposed Central SoMa Plan. (Clerk of the Board) Supervisor Kim, seconded by Supervisor Tang, moved that this Motion be CONTINUED to the Board of Supervisors meeting of September 11, 2018. The motion carried by the following vote:

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

Noes: None

180653 [Conditionally Reversing the Final Environmental Impact Report Certification - Central SoMa Plan] Motion conditionally reversing the Planning Commission’s certification of the Final Environmental Impact Report prepared for the proposed Central SoMa Plan, subject to the adoption of written findings of the Board of Supervisors in support of this determination. (Clerk of the Board) Supervisor Kim, seconded by Supervisor Tang, moved that this Motion be CONTINUED to the Board of Supervisors meeting of September 11, 2018. The motion carried by the following vote:

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

Noes: None

180654 [Preparation of Findings to Reverse the Final Environmental Impact Report Certification - Central SoMa Plan] Motion directing the Clerk of the Board to prepare findings related to reversing the Planning Commission’s certification of the Final Environmental Impact Report prepared for the proposed Central SoMa Plan. (Clerk of the Board) Supervisor Kim, seconded by Supervisor Tang, moved that this Motion be CONTINUED to the Board of Supervisors meeting of September 11, 2018. The motion carried by the following vote:

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

Noes: None

180295 [Affirming the Approval of a Final Mitigated Negative Declaration - Proposed Alcatraz Ferry Embarkment Project] Motion affirming the approval by the Planning Commission of a Final Mitigated Negative Declaration under the California Environmental Quality Act, for the proposed Alcatraz Ferry Embarkment Project located at Pier 31-1/2. (Clerk of the Board) Motion No. M18-113 Supervisor Peskin, seconded by Supervisor Ronen, moved that this Motion be APPROVED. The motion carried by the following vote:

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

Noes: None

180296 [Conditionally Reversing the Approval of a Final Mitigated Negative Declaration - Proposed Alcatraz Ferry Embarkment Project] Motion conditionally reversing the approval by the Planning Commission of a Final Mitigated Negative Declaration under the California Environmental Quality Act for the proposed Alcatraz Ferry Embarkment Project located at Pier 31-1/2, subject to the adoption of written findings of the Board in support of this determination. (Clerk of the Board) Supervisor Peskin, seconded by Supervisor Ronen, moved that this Motion be TABLED. The motion carried by the following vote:

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

Noes: None

180297 [Preparation of Findings to Reverse the Final Mitigated Negative Declaration - Proposed Alcatraz Ferry Embarkment Project] Motion directing the Clerk of the Board to prepare findings reversing the approval by the Planning Commission of a Final Mitigated Negative Declaration under the California Environmental Quality Act for the proposed Alcatraz Ferry Embarkment Project located at Pier 31-1/2. (Clerk of the Board) Supervisor Peskin, seconded by Supervisor Ronen, moved that this Motion be TABLED. The motion carried by the following vote:

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

Noes: None

Corbett Avenue] Hearing of persons interested in or objecting to the certification of a Conditional Use Authorization pursuant to Planning Code, Sections 249.77(D)(4) and 303(C), for a proposed project at 143 Corbett Avenue, Assessor's Parcel Block No. 2656, Lot No. 060, identified in Planning Case No. 2017-009348CUA, issued by the Planning Commission by Motion No. 20220 dated June 21, 2018, to legalize interior alterations and horizontal additions at the rear building wall's bay window and decks, and the addition of a second unit within an existing single-family dwelling. (District 8) (Appellant: Gary Weiss, on behalf of Corbett Heights Neighbors) (Filed July 23, 2018) (Clerk of the Board) President Cohen opened the public hearing and inquired as to whether any individual wished to address the Board. Supervisor Mandelman provided opening remarks and indicated he would be making a motion to continue these matters to a later date. There were no other speakers. President Cohen closed public comment. Supervisor Mandelman, seconded by Supervisor Peskin, moved that this Hearing be CONTINUED to the Board of Supervisors meeting of October 2, 2018. The motion carried by the following vote:

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

Noes: None

180788 [Approving Conditional Use Authorization - 143 Corbett Avenue] Motion approving the decision of the Planning Commission by its Motion No. 20220, approving a Conditional Use Authorization identified as Planning Case No. 2017-009348CUA for a proposed project located at 143 Corbett Avenue; and adopting findings pursuant to Planning Code, Section 101.1. (Clerk of the Board) Supervisor Mandelman, seconded by Supervisor Peskin, moved that this Motion be CONTINUED to the Board of Supervisors meeting of October 2, 2018. The motion carried by the following vote:

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

Noes: None

180789 [Conditionally Disapproving Conditional Use Authorization - 143 Corbett Avenue] Motion conditionally disapproving the decision of the Planning Commission by its Motion No. 20220, approving a Conditional Use Authorization identified as Planning Case No. 2017-009348CUA for a proposed project at 143 Corbett Avenue, subject to the adoption of written findings by the Board in support of this determination. (Clerk of the Board) (Charter, Section 4.105, and Planning Code, Section 308.1(d), provides that the Board of Supervisors may disapprove the decision of the Planning Commission by a vote of not less than two-thirds of the members of the Board.) Supervisor Mandelman, seconded by Supervisor Peskin, moved that this Motion be CONTINUED to the Board of Supervisors meeting of October 2, 2018. The motion carried by the following vote:

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

Noes: None

180790 [Preparation of Findings Related to Conditional Use Authorization Appeal - 143 Corbett Avenue] Motion directing the Clerk of the Board to prepare findings in support of the Board of Supervisors' disapproval of the proposed Conditional Use Authorization identified in Planning Case No. 2017-009348CUA for a proposed project at 143 Corbett Avenue. (Clerk of the Board) Supervisor Mandelman, seconded by Supervisor Peskin, moved that this Motion be CONTINUED to the Board of Supervisors meeting of October 2, 2018. The motion carried by the following vote:

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

Noes: None

180840 [Concurring in the Second Declaration of Local Emergency - Flooding Affecting SFPUC’s Moccasin Reservoir (Tuolumne County)] Motion concurring in the “Flooding Affecting SFPUC’s Moccasin Reservoir” Second Declaration of Local Emergency by the Mayor and in the actions taken to meet the emergency. (Clerk of the Board) Motion No. M18-116 APPROVED The foregoing items were acted upon by the following vote:

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

Noes: None

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. Privilege of the floor was granted unanimously to Jon Givner (Office of the City Attorney) who responded to questions raised throughout the discussion. NOT ADOPTED by the following vote:

Ayes: Brown, Fewer, Kim, Mandelman, Peskin, Ronen, Yee

Noes: Cohen, Safai, Stefani, Tang

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

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

Noes: None

Supervisor Peskin, seconded by Supervisor Ronen, moved that this Resolution be REFERRED to the Land Use and Transportation Committee. The motion carried by the following vote:

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

Noes: None