Board of Supervisors Minutes: September 18, 2018

180727 [Settlement of Lawsuit - Anita Lofton and Almudena Martin Marcos - $60,000] Ordinance authorizing settlement of the lawsuit filed by Anita Lofton and Almudena Martin Marcos against the City and County of San Francisco for $60,000; the lawsuit was filed on December 23, 2015, in San Francisco Superior Court, Case No. CGC-15-549595; entitled Anita Lofton, et al. v. City and County of San Francisco; the lawsuit involves an employment dispute. (City Attorney) Ordinance No. 222-18 FINALLY PASSED The foregoing items were acted upon by the following vote:

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

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) Ordinance No. 220-18 FINALLY PASSED by the following vote:

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

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 Fewer, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 6, Lines 17, 20, and 21, by changing ‘structures’ to ‘buildings’. The motion carried by the following vote:

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

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 requested this Ordinance be DUPLICATED AS AMENDED. See duplicated File No. 180910. PASSED ON FIRST READING AS AMENDED by the following vote:

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

180910 [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. Duplicated from File No. 180364. Supervisor Kim, seconded by Supervisor Peskin, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 6, Lines 21-22, by striking ‘as of the effective date of the ordinance enacting Section 846.24, in Board File No.’, and Lines 24-25, by adding ‘(3) On any parcel over 15,000 square feet in size that contains a surface parking lot use, structures that are accessory to a surface parking lot use, and a building that does not exceed 800 square feet in building area.’ The motion carried by the following vote:

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

Supervisor Peskin, seconded by Supervisor Kim, moved that this Ordinance be RE-REFERRED AS AMENDED 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

180655 [Airport Revenue Bonds - Bond Issuance - Airport Revenue Refunding Bonds - Continuing Covenant Agreement - Not to Exceed $2,620,000,000] Resolution approving the issuance of up to $2,620,000,000 aggregate principal amount of San Francisco International Airport Second Series Revenue Refunding Bonds for the purpose of refinancing bonds and subordinate bonds of the Airport Commission and related obligations; approving the form of and authorizing the execution and delivery of one or more Continuing Covenant Agreements in connection with the direct purchase of bonds of the Airport Commission; and approving certain related matters, as defined herein. (Airport Commission) (Fiscal Impact) Resolution No. 305-18 ADOPTED by the following vote:

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

180713 [Contract Amendment - Positive Resource Center - Behavioral Health Services - Not to Exceed 18,075,044] Resolution retroactively approving a fourth amendment to the Department of Public Health contract for behavioral health services with Positive Resource Center, to extend the contract term by four years, from July 1, 2018, for a total term of October 1, 2013, through June 30, 2022, and to increase the contract by $7,330,597 for a total amount not to exceed $18,075,044. (Public Health Department) (Fiscal Impact) Resolution No. 306-18 ADOPTED by the following vote:

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

180728 [Original Agreement - Edgewood Center for Children and Families - Behavioral Health Services for Children and Families - Not to Exceed $24,224,508] Resolution retroactively approving an original agreement for behavioral health services for children, youth and families between the Department of Public Health and Edgewood Center for Children and Families in the not to exceed amount of $24,224,508 for a total contract term of four years from July 1, 2018, through June 30, 2021. (Public Health Department) (Fiscal Impact) Resolution No. 307-18 ADOPTED by the following vote:

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

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. Resolution No. 309-18 ADOPTED by the following vote:

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

ector”) 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. Resolution No. 310-18 ADOPTED by the following vote:

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

180483 [Planning Code - Health Services - Ocean Avenue Neighborhood Commercial Transit District] Sponsor: Yee Ordinance amending the Planning Code to provide that in the Ocean Avenue Neighborhood Commercial Transit District a Health Service Use, whether Principal or Accessory, requires a Conditional Use authorization on the ground story and is permitted above the ground story; 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. PASSED ON FIRST READING by the following vote:

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

180617 [Police Code - Access to Reproductive Health Care Facilities] Sponsors: Ronen; Yee, Cohen, Fewer, Stefani, Brown, Peskin, Mandelman, Kim, Tang and Safai Ordinance amending the Police Code to require law enforcement officials to provide a verbal warning, rather than having to provide a written warning, prior to issuing a dispersal order to ensure access to a reproductive health care facility. Supervisors Cohen, Fewer, Stefani, Yee, Brown, Peskin, Mandelman, Kim, Tang, and Safai requested to be added as co-sponsors. PASSED ON FIRST READING by the following vote:

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

180103 [Liquor License - 98 Turk Street - BIIG] Resolution determining that the issuance of an extension on premise of a Type-48 on-sale general public premises liquor license to 98 Bottles of Beer on the Wall, Inc., doing business as BIIG, located at 98 Turk 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. 303-18 ADOPTED by the following vote:

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

180231 [Liquor License Transfer - 629 Union Street - Giovanni Italian Specialties] Resolution determining that the premise-to-premise transfer of a Type-21 off-sale general beer, wine, and distilled spirits liquor license to Giovanni Specialties LLC, doing business as Giovanni Italian Specialties located at 629 Union Street (District 3), 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. 304-18 ADOPTED by the following vote:

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

180763 [Liquor License - 691-14th Street - Fig & Thistle] Resolution determining that the issuance of a Type-42 on-sale beer and wine public premises liquor license to Lay Brothers, LLC, doing business as Fig & Thistle, located at 691-14th Street (District 8), 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. 308-18 ADOPTED by the following vote:

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

180754 [Administrative Code - Civic Design Review Fee] Sponsors: Peskin; Brown Ordinance amending the Administrative Code to modify the Civic Design Review fee from a deposit of $2,500 plus the time and materials costs to a flat fee of $12,800 per project, establish a process for an annual cost-of-living fee adjustment, set a timeline for fee payment, describe the method for determining fees for projects involving multiple structures situated together as part of a larger development plan, and describe circumstances that may qualify for fee waiver or reduction. PASSED ON FIRST READING by the following vote:

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

180755 [Administrative Code - Arts Commission Traveling Exhibitions] Sponsors: Peskin; Brown Ordinance amending the Administrative Code to authorize the Arts Commission to charge a fee for organizing traveling exhibitions. PASSED ON FIRST READING by the following vote:

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

180679 [Appointments, Central Market Street and Tenderloin Area Citizen's Advisory Committee - Bryant Duong, Stephen Tennis, Sam Dennison and Jonathan Bonato] Motion appointing Bryant Duong (residency requirement waived) and Stephen Tennis, terms ending November 2, 2019, and Sam Dennison and Jonathan Bonato, terms ending January 31, 2021, to the Central Market Street and Tenderloin Area Citizen's Advisory Committee. (Rules Committee) Motion No. M18-119 APPROVED by the following vote:

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

180802 [Administrative Code - Labor Peace Agreements for Excursion Vessel Operations Under Lease with the Port] Sponsors: Peskin; Yee and Safai 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. PASSED ON FIRST READING by the following vote:

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

180807 [Administrative Code - Early Care and Education for All] Sponsors: Yee; Kim, Ronen, Cohen and Fewer 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. Supervisor Fewer requested to be added as a co-sponsor. PASSED ON FIRST READING by the following vote:

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

President Cohen requested File Nos. 180881 and 180882 be called together. Supervisor Mandelman Excused from Voting Supervisor Peskin, seconded by Supervisor Ronen, moved that Supervisor Mandelman be excused from voting on File Nos. 180881 and 180882. The motion carried by the following vote:

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

Excused: Mandelman

180881 [Appointment, Association of Bay Area Governments, Executive Board - Supervisor Rafael Mandelman] Motion appointing Supervisor Rafael Mandelman, term ending June 30, 2019, to the Association of Bay Area Governments, Executive Board. (Clerk of the Board) Motion No. M18-120 APPROVED by the following vote:

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

Excused: Mandelman

180882 [Appointment, Bay Area Air Quality Management District, Board of Directors - Supervisor Rafael Mandelman] Motion appointing Supervisor Rafael Mandelman, term ending February 1, 2021, to the Bay Area Air Quality Management District, Board of Directors. (Clerk of the Board) Motion No. M18-121 APPROVED by the following vote:

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

Excused: Mandelman

Supervisor Brown Excused from Voting Supervisor Yee, seconded by Supervisor Stefani, moved that Supervisor Brown be excused from voting on File No. 180883. The motion carried by the following vote:

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

Excused: Brown

180883 [Appointment, Golden Gate Bridge, Highway and Transportation District - Supervisor Vallie Brown] Motion appointing Supervisor Vallie Brown, term ending January 31, 2019, to the Golden Gate Bridge, Highway and Transportation District. (Clerk of the Board) Motion No. M18-122 APPROVED by the following vote:

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

Excused: Brown

180708 [Authorizing Agreements - Binding Arbitration for Purchase of Electricity and Related Products - Public Utilities Commission - Total Costs of $13,762,490] Ordinance delegating authority to the General Manager of the Public Utilities Commission to enter into agreements requiring binding arbitration for purchase of electricity and related products within certain parameters and where necessary to meet legal requirements; and retroactively authorizing three agreements for CleanPowerSF with Pacific Gas & Electric Company requiring binding arbitration, with a combined term of two years and five months from August 2018, through December 2020, and total costs of $13,762,490 for purchase of electricity-related products. (Public Utilities Commission) (Fiscal Impact) PASSED ON FIRST READING by the following vote:

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

180830 [Sale of Easement - Portion of San Francisco Public Utilities Commission Parcel 75 (Calaveras Road in Sunol, California) - Alameda County - $2,457] Resolution approving and authorizing the sale to Alameda County for $2,457 of an easement on City and County of San Francisco property under the jurisdiction of the San Francisco Public Utilities Commission (SFPUC) consisting of one approximately 5,484-square-foot road area and one approximately 22,548-square-foot slope area on and above Calaveras Road in Sunol, California; adopting findings that the grant of the easement is consistent with the General Plan, and the eight priority policies of Planning Code, Section 101.1; adopting findings under Administrative Code, Section 23.3, that offering the easement for sale through competitive bidding would be impractical; and authorizing the General Manager of the SFPUC or the Director of Property to execute documents, make certain modifications, and take certain actions in furtherance of this Resolution, as defined herein. (Public Utilities Commission) Resolution No. 312-18 ADOPTED by the following vote:

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

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. Resolution No. 311-18 ADOPTED by the following vote:

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