Board of Supervisors Minutes: September 11, 2018

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. Ordinance No. 219-18 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

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. Supervisor Kim, seconded by Supervisor Ronen, moved that this Ordinance be CONTINUED ON FINAL PASSAGE to September 18, 2018. The motion carried by the following vote:

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

Noes: None

180425 [Tourism Improvement District and Moscone Expansion District - Annual Report - FY2016-2017] Sponsor: Mayor Resolution receiving and approving the annual report for the Tourism Improvement District and Moscone Expansion District for FY2016-2017, submitted as required by the Property and Business Improvement District Law of 1994 (California Streets and Highways Code, Sections 36600, et seq.), Section 36650, and the District’s management agreement with the City, Section 3.4. Resolution No. 295-18 ADOPTED by the following vote:

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

Noes: None

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) Resolution No. 296-18 ADOPTED by the following vote:

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

Noes: None

180786 [Petitions for City Parcels - Proposed SoMa West Community Benefit District] Sponsor: Kim Resolution authorizing the Mayor to sign petitions in the affirmative for the proposed formation of a property and business improvement district to be named the SoMa West Community Benefit District, with respect to certain parcels of real property owned by the City that would be subject to assessment in said district. Resolution No. 299-18 ADOPTED by the following vote:

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

Noes: None

ion 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 provided opening remarks, background information regarding this project, and indicated they would be making a motion to continue these matters to a later date. President Cohen asked if any individual wished to address the Board regarding the anticipated continuance. Laura Clark; Scott Feeney; Nico Nagle; Speaker; Jenna Carniaga; Speaker; Speaker; spoke on on various concerns related to the proposed continuance. There were no other speakers. President Cohen closed public comment on the proposed continuance. Supervisor Kim, seconded by Supervisor Peskin, moved that this Hearing be CONTINUED to the Board of Supervisors meeting of September 25, 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 Peskin, moved that this Motion be CONTINUED to the Board of Supervisors meeting of September 25, 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 Peskin, moved that this Motion be CONTINUED to the Board of Supervisors meeting of September 25, 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 Peskin, moved that this Motion be CONTINUED to the Board of Supervisors meeting of September 25, 2018. The motion carried by the following vote:

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

Noes: None

180773 [Establishing Sub-Project Areas G-2, G-3 and G-4 and Adopting Appendix G-2 to Infrastructure Financing Plan (Port of San Francisco, Pier 70)] Sponsors: Mayor; Cohen Ordinance establishing Sub-Project Area G-2, Sub-Project Area G-3 and Sub-Project Area G-4 of City and County of San Francisco Infrastructure Financing District No. 2 (Port of San Francisco, Pier 70); affirming the Planning Department’s determination and making findings under the California Environmental Quality Act; and approving other matters in connection therewith. (Fiscal Impact) PASSED ON FIRST READING by the following vote:

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

Noes: None

180781 [Authorizing Issuance of Port Infrastructure Financing District Bonds (Port of San Francisco, Pier 70) - Not to Exceed $273,900,000, $196,100,000 and $323,300,000 for Sub-Project Area G-2, Sub-Project Area G-3, and Sub-Project Area G-4, Respectively] Sponsors: Mayor; Cohen, Ronen, Kim and Brown Resolution approving issuance of Bonds in an amount not to exceed $273,900,000, $196,100,000 and $323,300,000 for Sub-Project Area G-2, Sub-Project Area G-3 and Sub-Project Area G-4, respectively, of City and County of San Francisco Infrastructure Financing District No. 2 (Port of San Francisco, Pier 70); approving Indentures of Trust and Pledge Agreements; and approving other matters in connection therewith. (Fiscal Impact) Resolution No. 298-18 ADOPTED by the following vote:

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

Noes: None

4); an Ordinance forming the Infrastructure and Revitalization Financing District, and adopting an Infrastructure Financing Plan for such district (180772); and a Resolution authorizing issuance of bonds for the Infrastructure and Revitalization Financing District and project areas therein, in an aggregate principal amount not to exceed $91,900,000 (File No. 180782); scheduled pursuant to Resolution No. 234-18, approved on July 24, 2018. (Clerk of the Board) President Cohen opened the public hearing and provided opening remarks and background information regarding the Infrastructure and Revitalization Financing District. The President further indicated she would be entertaining a motion to continue these matters to a later date, and asked if any individual wished to address the Board regarding the anticipated continuance. Speaker; Ace Washington; spoke on various concerns related to the proposed continuance. There were no other speakers. President Cohen closed public comment on the proposed continuance. Supervisor Yee, seconded by Supervisor Safai, moved that this Hearing be CONTINUED to the Board of Supervisors meeting of October 16, 2018. The motion carried by the following vote:

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

Noes: None

180779 [Proposing Adoption of Infrastructure Financing Plan - Infrastructure and Revitalization Financing District No. 2 (Hoedown Yard, Pier 70)] Sponsors: Mayor; Cohen Resolution proposing adoption of the Infrastructure Financing Plan and formation of City and County of San Francisco Infrastructure and Revitalization Financing District No. 2 (Hoedown Yard, Pier 70); providing for future annexation; determining other matters in connection therewith; and affirming the Planning Department’s determination, and making findings under the California Environmental Quality Act. (Fiscal Impact) Supervisor Yee, seconded by Supervisor Safai, moved that this Resolution be CONTINUED to October 16, 2018. The motion carried by the following vote:

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

Noes: None

180780 [Approving Infrastructure and Revitalization Financing Plan - Infrastructure and Revitalization Financing District No. 2 (Hoedown Yard, Pier 70)] Sponsors: Mayor; Cohen Resolution approving the Infrastructure Financing Plan for City and County of San Francisco Infrastructure and Revitalization Financing District No. 2 (Hoedown Yard, Pier 70); determining other matters in connection therewith; and affirming the Planning Department’s determination, and making findings under the California Environmental Quality Act. (Fiscal Impact) Supervisor Yee, seconded by Supervisor Safai, moved that this Resolution be CONTINUED to the Board of Supervisors meeting of October 16, 2018. The motion carried by the following vote:

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

Noes: None

180783 [Resolution Calling a Special Election Related to Infrastructure and Revitalization Financing District No. 2 (Hoedown Yard, Pier 70)] Sponsors: Mayor; Cohen Resolution calling a special election for City and County of San Francisco Infrastructure and Revitalization Financing District No. 2 (Hoedown Yard, Pier 70); determining other matters in connection therewith; and affirming the Planning Department’s determination, and making findings under the California Environmental Quality Act. Supervisor Yee, seconded by Supervisor Safai, moved that this Resolution be CONTINUED to the Board of Supervisors meeting of October 16, 2018. The motion carried by the following vote:

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

Noes: None

180784 [Resolution Declaring Results of Special Election Related to Infrastructure and Revitalization Financing District No. 2 (Hoedown Yard, Pier 70)] Sponsors: Mayor; Cohen Resolution declaring results of special elections for City and County of San Francisco Infrastructure and Revitalization Financing District No. 2 (Hoedown Yard, Pier 70); determining other matters in connection therewith; and affirming the Planning Department’s determination, and making findings under the California Environmental Quality Act. Supervisor Yee, seconded by Supervisor Safai, moved that this Resolution be CONTINUED to the Board of Supervisors meeting of October 16, 2018. The motion carried by the following vote:

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

Noes: None

180772 [Creating Infrastructure and Revitalization Financing District No. 2 (Hoedown Yard, Pier 70) - Adopting an Infrastructure Financing Plan] Sponsors: Mayor; Cohen Ordinance creating City and County of San Francisco Infrastructure and Revitalization Financing District No. 2 (Hoedown Yard, Pier 70); affirming the Planning Department’s determination and making findings under the California Environmental Quality Act; and approving other matters in connection therewith. (Fiscal Impact) Supervisor Yee, seconded by Supervisor Safai, moved that this Ordinance be CONTINUED to the Board of Supervisors meeting of October 16, 2018. The motion carried by the following vote:

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

Noes: None

180782 [Authorizing Issuance of Bonds Related to Infrastructure and Revitalization Financing District No. 2 (Hoedown Yard, Pier 70) - Not to Exceed $91,900,000] Sponsors: Mayor; Cohen Resolution authorizing issuance of bonds for City and County of San Francisco Infrastructure and Revitalization Financing District No. 2 (Hoedown Yard, Pier 70) therein in an aggregate principal amount not to exceed $91,900,000; affirming the Planning Department’s determination, and making findings under the California Environmental Quality Act; and approving other matters in connection therewith. (Fiscal Impact) Supervisor Yee, seconded by Supervisor Safai, moved that this Resolution be CONTINUED to the Board of Supervisors meeting of October 16, 2018. The motion carried by the following vote:

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

Noes: None

180584 [Planning Code - Fees for Certain Permits and Transportation Analysis] Sponsor: Mayor Ordinance amending the Planning Code and the fees set forth in Ordinance No. 149-16 to clarify the fees applicable to projects with no or very low construction cost and to change the fees for transportation analysis; and 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: Brown, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, Yee

Noes: None

Absent: Cohen

President Cohen, 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

PASSED ON FIRST READING by the following vote:

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

Noes: None

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) PASSED ON FIRST READING by the following vote:

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

Noes: None

Absent: Cohen

President Cohen, 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

PASSED ON FIRST READING by the following vote:

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

Noes: None

180845 [Mayoral Appointment, Police Commission - Damali Taylor] Motion approving/rejecting the Mayor’s nomination for the appointment of Damali Taylor to the Police Commission, for a term ending April 30, 2022. (Clerk of the Board) (Charter, Section 4.109, provides that this nomination is subject to approval by the Board of Supervisors and shall be the subject of a public hearing and vote within 60 days from the date the nomination is transmitted to the Clerk of the Board. If the Board fails to act on the nomination within 60 days from the date the nomination is transmitted to the Clerk, then the nominee shall be deemed approved. Transmittal date: August 29, 2018.) Privilege of the floor was granted unanimously to Damali Taylor, Dion Jay Brookter, and Jon Givner (Office of the City Attorney), who responded to questions raised throughout the discussion on File Nos. 180845 and 180846. Motion No. M18-117 APPROVED by the following vote:

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

Noes: Fewer

180846 [Mayoral Appointment, Police Commission - Dion Jay Brookter] Motion approving/rejecting the Mayor’s nomination for the appointment of Dion Jay Brookter to the Police Commission, for a term ending April 30, 2022. (Clerk of the Board) (Charter, Section 4.109, provides that this nomination is subject to approval by the Board of Supervisors and shall be the subject of a public hearing and vote within 60 days from the date the nomination is transmitted to the Clerk of the Board. If the Board fails to act on the nomination within 60 days from the date the nomination is transmitted to the Clerk, then the nominee shall be deemed approved. Transmittal date: August 29, 2018.) Privilege of the floor was granted unanimously to Damali Taylor, Dion Jay Brookter, and Jon Givner (Office of the City Attorney), who responded to questions raised throughout the discussion on File Nos. 180845 and 180846. Motion No. M18-118 APPROVED by the following vote:

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

Noes: None

180880 [Approval of a 120-Day Extension for Planning Commission Review of Planning Code, Zoning Map - Rezoning, Preservation Designation - 175 Golden Gate Avenue (File No. 180645)] Sponsor: Kim Resolution extending by 120 days the prescribed time within which the Planning Commission may render its decision on an Ordinance (File No. 180645) amending the San Francisco Planning Code and Zoning Map to rezone the building at 175 Golden Gate Avenue (De Marillac Academy), Assessor’s Parcel Block No. 0349, Lot No. 011, from RC-4 (Residential-Commercial, High Density) to C-3-G (Commercial, Downtown General); designating the building for preservation purposes as a Category III, Contributory Building; 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 under Planning Code, Section 302. Resolution No. 301-18 ADOPTED The foregoing items were acted upon by the following vote:

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

Noes: None

Absent: Peskin