Board of Supervisors Minutes: November 13, 2018

181041 [Police and Health Codes - Regulation of Cannabis Businesses] Sponsors: Mayor; Mandelman and Cohen Ordinance amending the Police Code to extend by one year the possible duration of a Temporary Cannabis Business Permit; and amending the Health Code to increase, from 90 days to 120 days, the time period that the Director of the Office of Cannabis may extend a medical cannabis dispensary’s authorization to sell adult use cannabis, and extending by one year to December 31, 2019, the date on which Article 33 (Medical Cannabis Act) expires. Ordinance No. 279-18 FINALLY PASSED The foregoing items were acted upon by the following vote:

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

ng temporary massage practitioner permits; 3) clarifying the administrative process by which permit applicants and permit holders may appeal a decision to deny, suspend, or revoke a permit; 4) adding or revising massage establishment operating standards relating to vermin, employee areas, locked doors, residential use, and advertising; 5) prohibiting a massage business from operating a massage school on the same premises as a massage establishment; 6) establishing a massage establishment reinspection fee of $191 per hour; 7) updating administrative and permit penalties; 8) authorizing the imposition of a lien on a property that has contributed to a violation of Article 29 of the Health Code (“Article 29”) to collect unpaid administrative penalties, enforcement costs, fines, interest, and attorneys’ fees; 9) authorizing the City Attorney to institute civil proceedings for injunctive and monetary relief for violations of Article 29; 10) declaring violations of select provisions of Article 29 to be public nuisances; and 11) discontinuing the acceptance of applications for massage practitioner permits effective January 1, 2019. Ordinance No. 272-18 FINALLY PASSED by the following vote:

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

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 ABC License Type-75 establishments 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. Ordinance No. 273-18 FINALLY PASSED 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. Ordinance No. 275-18 FINALLY PASSED by the following vote:

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

odification and Conditional Allocation of Real Property - Margaret S. Hayward Playground - Department of Emergency Management] Ordinance amending Ordinance No. 171-00, which set aside certain real property in Margaret S. Hayward Playground for the Department of Emergency Management (“DEM”) for the Combined Emergency Communications Center (“CECC”) at 1011 Turk Street, to provide DEM additional real property directly adjacent to the existing CECC and to restore to the Recreation and Park Department ("RPD") certain subsurface real property to the east of the CECC that was previously allocated to DEM; setting aside for DEM an additional portion of Hayward Playground west of the CECC that is currently occupied by two tennis courts for a proposed new DEM building, subject to DEM’s payment of funds which RPD must use for the benefit of the Western Addition, as set forth herein; 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. (Recreation and Park Department) (Fiscal Impact) PASSED ON FIRST READING by the following vote:

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

180823 [Lease Agreement - NewZoom, LLC - $150,000 Minimum Annual Guarantee] Resolution approving the Airport Automated Retail Lease - Lease No. 18-0175, between NewZoom, LLC, and the City and County of San Francisco, acting by and through its Airport Commission, for a term of five years to commence upon approval by the Board of Supervisors, with one two-year option to extend, and a minimum annual guarantee of $150,000 for the first year of the Lease. (Airport Commission) Resolution No. 377-18 ADOPTED by the following vote:

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

180824 [Lease Agreement - XpresSpa S.F. International, LLC - $145,000 Minimum Annual Guarantee] Resolution approving the Terminal 2 Specialty Retail Concession Lease No. 5 - Lease No. 18-0156, between XpresSpa S.F. International, LLC, and the City and County of San Francisco, acting by and through its Airport Commission, for a term of seven years to commence upon approval by the Board of Supervisors, and a minimum annual guarantee of $145,000 for the first year of the Lease. (Airport Commission) Resolution No. 378-18 ADOPTED by the following vote:

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

180825 [Lease Agreement - Alclear, LLC - $1,500,000 Minimum Annual Guarantee] Resolution approving the Expedited Traveler Service Lease No. 18-0189, between Alclear, LLC, and the City and County of San Francisco, acting by and through its Airport Commission, for a term of five years, with one two-year option to extend at the Airport Commission’s discretion, to commence upon approval by the Board of Supervisors, and a minimum annual guarantee of $1,500,000 for the first year of the Lease. (Airport Commission) Resolution No. 379-18 ADOPTED by the following vote:

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

180833 [Real Property Lease - GTE Mobilnet of California Limited Partnership - Zuckerberg San Francisco General Hospital and Trauma Center, Building 25 - 1001 Potrero Avenue - $5,000 Per Month Base Rent Exempt] Resolution authorizing and approving the lease of a portion of the equipment room at Zuckerberg San Francisco General Hospital and Trauma Center, Building 25, at 1001 Potrero Avenue with GTE Mobilnet of California Limited Partnership, a California Limited partnership D/B/A/Verizon Wireless, at the monthly base rent of $5,000 which shall be waived while participating in the Distributed Antenna System and providing enhanced cellular services to the City staff, UCSF staff, patients and visitors within Building 25, for a five-year term to commence upon approval by the Board of Supervisors and Mayor, with two five-year options to extend. (Real Estate Department) Resolution No. 380-18 ADOPTED by the following vote:

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

180888 [Agreement Amendment - JobAps, Inc. - Software License and Support - Not to Exceed $3,174,445] Resolution authorizing the Controller to enter into the Eleventh Amendment of a software license and support agreement with JobAps, Inc. increasing the contract term by three years, for a total term of November 27, 2006, through November 26, 2021, and increasing the maximum expenditure by $937,425 to an amount not to exceed $3,174,445. (Controller) (Fiscal Impact) Resolution No. 381-18 ADOPTED by the following vote:

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

180928 [Real Property Lease Extension - AIM TWO - 755 and 759 South Van Ness Avenue - $541,258.20 Annual Base Rent] Resolution authorizing the Director of Real Estate to exercise a Lease Extension for the real property located at 755 and 759 South Van Ness Avenue for office space and the adjacent parking lot with AIM TWO, as landlord, for a four-year extension term commencing upon approval by the Board of Supervisors and the Mayor at the monthly base rent of $45,104.85 for a total annual base rent of $541,258.20. (Public Health Department) (Fiscal Impact) Resolution No. 383-18 ADOPTED by the following vote:

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

180964 [Revenue Agreement Amendment - JC Decaux San Francisco, LLC - Extending Term to January 25, 2019] Sponsor: Peskin Resolution retroactively approving the Fifth Amendment to the Revenue Agreement between Public Works and JC Decaux San Francisco, LLC, for the Automatic Public Toilet and Public Service Kiosk Program extending the contract term by 105 days, changing the termination date from October 12, 2018, to January 25, 2019. Resolution No. 386-18 ADOPTED by the following vote:

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

180965 [Accept and Expend Grant - California Department of Parks and Recreation, Division of Boating and Waterways - Boating Safety and Enforcement Equipment Grant - $197,648] Sponsor: Stefani Resolution retroactively authorizing the Police Department (SFPD) to accept and expend a boating safety and enforcement equipment grant in the amount of $197,648 from the California Department of Parks and Recreation, Division of Boating and Waterways, for the SFPD Marine Unit for the project period of October 1, 2018, through September 30, 2019. Resolution No. 387-18 ADOPTED by the following vote:

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

180971 [Contract Amendment - Health Advocates, LLC - Uncompensated Reimbursement Recovery Services - Not to Exceed $18,014,546] Resolution retroactively approving a contract amendment for uncompensated reimbursement recovery services between Health Advocates, LLC and Department of Public Health, in the amount of $18,014,546 for a total contract term of January 1, 2014, through December 31, 2021. (Public Health Department) (Fiscal Impact) Resolution No. 388-18 ADOPTED by the following vote:

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

181005 [Accept and Expend Grant - State Controller's Office, California State 2020 Census Grant - Local Update of Census Addresses Program - $100,000] Sponsor: Mayor Resolution authorizing the Office of Civic Engagement and Immigrant Affairs to accept and expend a grant in the amount of $100,000 from the California State Controller’s Office to support San Francisco’s Local Update of Census Addresses efforts and outreach activities related to the 2020 Census for the project period of November 1, 2018, through June 30, 2019. (Office of Civic Engagement & Immigrant Affairs) Resolution No. 396-18 ADOPTED by the following vote:

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

, sale and delivery of multifamily housing revenue bonds in an aggregate principal amount not to exceed $60,488,962 for the purpose of providing financing for the construction of a 157-unit multifamily rental housing project known as 1950 Mission Street Apartments; approving, for purposes of the Internal Revenue Code of 1986, as amended, the issuance and sale of tax exempt residential rental housing bonds by the City in an aggregate principal amount not to exceed $60,488,962; approving the form of and authorizing the execution of an indenture of trust providing the terms and conditions of the bonds; approving the form of and authorizing the execution of a regulatory agreement and declaration of restrictive covenants; approving the form of and authorizing the execution of a loan agreement; 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 bonds 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. 397-18 ADOPTED by the following vote:

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

181007 [Ground Lease - 1950 Mission Housing Associates, LP - 1950 Mission Street - $15,000 Annual Base Rent] Sponsors: Mayor; Ronen Resolution approving and authorizing a long term Ground Lease with 1950 Mission Housing Associates, LP, on City owned land at 1950 Mission Street (“Property”) for a term of 75 years, to commence following approval by the Board of Supervisors, with one 24-year option to extend, and with an annual base rent of $15,000 in order to construct a 100% affordable, 155-unit multifamily rental housing development (plus two staff units) for low-income persons (“Project”); adopting findings that the Ground Lease is consistent with the California Environmental Quality Act, the General Plan, and the eight priority policies of Planning Code, Section 101.1; and authorizing the Director of Property and the Director of the 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. 398-18 ADOPTED by the following vote:

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

181008 [Shopping Agreement - BoBCat Studios, LLC - Development of Public Defender Documentary Series] Sponsor: Cohen Resolution authorizing the Public Defender to enter into a Shopping Agreement with BoBCat Studios, LLC, to develop the concept of a documentary series based on the San Francisco Public Defender’s Office, and grant all necessary trademark licenses and the exclusive right for six months to present to traditional and digital networks. Resolution No. 399-18 ADOPTED by the following vote:

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

181036 [Contract Agreement - Grant Street Group, Inc. - Office of the Treasurer & Tax Collector and Office of the Controller’s Property Tax System Replacement Project - Not to Exceed $37,492,252] Sponsors: Tang; Cohen Resolution authorizing the Office of the Treasurer & Tax Collector and Office of the Controller to enter into a contract with Grant Street Group, Inc. to implement and configure a comprehensive, fully-integrated Property Tax System, including all services related to delivery, installation, integration, customization, data conversion, training, documentation, deployments, and project management, to replace the obsolete legacy system currently in use, for a contract term of ten years, to commence upon Board of Supervisors and Mayoral approval, in an amount not to exceed $37,492,252. (Fiscal Impact) Resolution No. 403-18 ADOPTED by the following vote:

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

181037 [Contract Agreements - Sapient Corporation and Carahsoft Technology Corporation - Office of the Assessor-Recorder’s Property Assessment System Replacement Project - Not to Exceed $21,414,700 and $14,432,762 Respectively] Sponsors: Tang; Cohen Resolution authorizing the Office of the Assessor-Recorder to enter into two contracts: 1) an implementation services and ongoing support agreement with Sapient Corporation for a 12-year term, in an amount not to exceed $21,414,700; and 2) a contract with Carahsoft Technology Corporation for licenses to Software as a Service, with a 12-year term, in an amount not to exceed $14,432,762; all to implement and configure a comprehensive, fully-integrated Property Assessment System, including all services related to delivery, installation, integration, customization, data conversion, training, documentation, deployments, and project management, to replace the obsolete legacy system currently in use; with both contracts to commence upon Board of Supervisors and Mayoral approval. (Fiscal Impact) Resolution No. 404-18 ADOPTED by the following vote:

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

180973 [Release of Reserved Funds - Airport Commission - Capital Improvement Plan Projects - $2,732,455,418] Motion authorizing the release of reserved funds to the Airport Commission, placed on Board of Supervisors' reserve by Ordinance No. 106-17, in the amount of $2,732,455,418, to continue funding of San Francisco International Airport's Capital Improvement Plan projects, consisting of terminal improvements, including the Terminal 1 Reconstruction Project and the Terminal 3 West Redevelopment Project; groundside improvements such as the AirTrain System extension and roadway repairs; airfield improvements to runways and taxiways; airport support improvements in technology and security; and utility improvements, including upgrades to the waste water treatment plant. (Budget and Finance Committee) (Fiscal Impact) Motion No. M18-153 APPROVED by the following vote:

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

180622 [Resolution of Intention - Establishing the Central SoMa Special Tax District] Sponsors: Mayor; Kim Resolution declaring the intention of the Board of Supervisors to establish City and County of San Francisco Special Tax District No. 2018-1 (Central SoMa); ordering and setting a time and place for a public hearing of the Board of Supervisors, sitting as a Committee of the Whole, on January 15, 2019, at 3:00 p.m.; and determining other matters in connection therewith. Resolution No. 375-18 ADOPTED by the following vote:

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

Absent: Ronen

180623 [Resolution of Intention - Incurring Bonded Indebtedness and Other Debt for the Central SoMa Special Tax District] Sponsors: Mayor; Kim Resolution declaring the intention of the Board of Supervisors to incur bonded indebtedness and other debt for City and County of San Francisco Special Tax District No. 2018-1 (Central SoMa); ordering and setting a time and place for a public hearing of the Board of Supervisors, sitting as a Committee of the Whole, on January 15, 2019, at 3:00 p.m.; and determining other matters in connection therewith. Resolution No. 376-18 ADOPTED by the following vote:

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

Absent: Ronen

180897 [North of Market/Tenderloin Community Benefit District - Annual Report to the City - FY2016-2017] Sponsor: Kim Resolution receiving and approving an annual report for the North of Market/Tenderloin Community Benefit 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. (Department of Economic and Workforce Development) Resolution No. 382-18 ADOPTED by the following vote:

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

180963 [Civic Center Community Benefit District - Annual Report for FY2016-2017] Sponsor: Kim Resolution receiving and approving an annual report for the Civic Center Community Benefit 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. (Department of Economic and Workforce Development) Resolution No. 385-18 ADOPTED by the following vote:

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

181011 [Central Market Community Benefit District - Annual Report - 2016 Calendar Year] Sponsor: Kim Resolution receiving and approving an annual report for the Central Market Community Benefit District for the 2016 calendar year, 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. (Department of Economic and Workforce Development) Resolution No. 400-18 ADOPTED by the following vote:

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

181013 [Lower Polk Community Benefit District - Annual Report - FY2016-2017] Sponsor: Peskin Resolution receiving and approving an annual report for the Lower Polk Community Benefit 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. (Department of Economic and Workforce Development) Resolution No. 401-18 ADOPTED by the following vote:

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

181035 [Management Agreement - Owners' Association - Administration/Management of Discover Polk Community Benefit District] Sponsor: Peskin Resolution approving an agreement with the nonprofit Owners' Association for administration/management of the established property-based Community Benefit District known as the “Discover Polk Community Benefit District,” pursuant to California Streets and Highways Code, Section 36651, for a period commencing upon Board approval, through June 30, 2029. Resolution No. 402-18 ADOPTED by the following vote:

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

180983 [Mills Act Historical Property Contract - 2253 Webster Street] Resolution approving an historical property contract between Virginia Hong, the owner of 2253 Webster Street, and the City and County of San Francisco, under Administrative Code, Chapter 71; and authorizing the Planning Director and the Assessor-Recorder to execute and record the historical property contract. (Historic Preservation Commission) Resolution No. 390-18 ADOPTED by the following vote:

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

180984 [Mills Act Historical Property Contract - 353 Kearny Street] Resolution approving an historical property contract between Pine Kearny LLC, the owner of 353 Kearny Street, and the City and County of San Francisco, under Administrative Code, Chapter 71; authorizing the Planning Director and the Assessor-Recorder to execute and record the historical property contract. (Historic Preservation Commission) Resolution No. 391-18 ADOPTED by the following vote:

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

180985 [Mills Act Historical Property Contract - 465-467 Oak Street] Sponsor: Brown Resolution approving an historical property contract between Joseph E and Jennifer A Laska Joint Living Trust, the owner of 465-467 Oak Street, and the City and County of San Francisco, under Administrative Code, Chapter 71; and authorizing the Planning Director and the Assessor-Recorder to execute and record the historical property contract. (Historic Preservation Commission) Resolution No. 392-18 ADOPTED by the following vote:

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

180986 [Mills Act Historical Property Contract - 587 Waller Street] Resolution approving an historical property contract between Christopher Hansten and June Kwon, the owners of 587 Waller Street, and the City and County of San Francisco, under Administrative Code, Chapter 71; and authorizing the Planning Director and the Assessor-Recorder to execute and record the historical property contract. (Historic Preservation Commission) Resolution No. 393-18 ADOPTED by the following vote:

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

180987 [Mills Act Historical Property Contract - 354-356 San Carlos Street] Sponsor: Ronen Resolution approving an historical property contract between Joyjit and Preetha Nath, the owners of 354-356 San Carlos Street, and the City and County of San Francisco, under Administrative Code, Chapter 71; and authorizing the Planning Director and the Assessor-Recorder to execute and record the historical property contract. (Historic Preservation Commission) Resolution No. 394-18 ADOPTED by the following vote:

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

180988 [Mills Act Historical Property Contract - 811 Treat Avenue] Sponsor: Ronen Resolution approving an historical property contract between Golden Gate Properties LLC, the owner of 811 Treat Avenue, and the City and County of San Francisco, under Administrative Code, Chapter 71; and authorizing the Planning Director and the Assessor-Recorder to execute and record the historical property contract. (Historic Preservation Commission) Resolution No. 395-18 ADOPTED by the following vote:

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

151258 [Planning Code - Affordable Housing Requirement and Fee in Divisadero Neighborhood Commercial Transit District] Sponsor: Brown Ordinance amending the Planning Code to require additional affordable housing or payment of a fee for certain sites that obtained higher residential development potential as a result of the rezoning of the Divisadero Street Neighborhood Commercial Transit District in 2015; affirming the Planning Department’s determination under the California Environmental Quality Act; and making findings of public convenience, necessity, and welfare under Planning Code, Section 302, 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

Supervisor Peskin, seconded by Supervisor Safai, moved to rescind the previous vote:

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

Absent: Cohen

Privilege of the floor was granted unanimously to Jon Givner (Office of the City Attorney) who responded to questions raised throughout the discussion. Supervisor Fewer, seconded by Supervisor Tang, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE, by making various verbiage corrections. The motion carried by the following vote:

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

Absent: Cohen

Ordinance amending the Planning Code to require additional affordable housing or payment of a fee for certain sites that obtained higher residential development potential as a result of the rezoning of the Divisadero Street Neighborhood Commercial Transit District in 2015; affirming the Planning Department’s determination under the California Environmental Quality Act; and making findings of public convenience, necessity, 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. PASSED ON FIRST READING AS AMENDED by the following vote:

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

Absent: Cohen

180776 [Planning Code, Zoning Map - 430-29th Avenue Special Use District] Sponsor: Fewer Ordinance amending the Planning Code and the Zoning Map to establish the 430-29th Avenue Special Use District; and 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

180806 [Planning Code - Temporary Pop-Up Retail, Flexible Retail, and Arts Activities Uses] Sponsors: Tang; Safai, Fewer, Brown and Cohen Ordinance amending the Planning Code to create new Use allowing flexible, multi-use retail; permitting Temporary Pop-Up Retail uses in commercial spaces; permitting Flexible Retail in certain Neighborhood Commercial Districts; permitting Arts Activities in certain Neighborhood Commercial 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 pursuant to Planning Code, Section 302. Supervisor Tang, seconded by Supervisor Safai, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 5, Line 19, by adding ‘distinct’ before ‘Uses'. The motion carried by the following vote:

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

PASSED ON FIRST READING AS AMENDED by the following vote:

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

rtation Agency decisions related to Bus Rapid Transit projects that do not include transit-only areas or lanes for Municipal Railway vehicles, taxis, authorized emergency vehicles, and/or Golden Gate Transit vehicles; and affirming the Planning Department’s determination under the California Environmental Quality Act. Supervisor Stefani requested to be added as a co-sponsor. Supervisor Peskin, seconded by Supervisor Safai, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE, on Page 1, Lines 5-9, by striking ‘that do not include transit-only areas or lanes for’ and adding ‘that authorizes preferential access for any part of a street, except for commercial loading zones, to any vehicle that is not a’; and Page 2, Lines 16-20, by adding ‘(3) a decision by the SFMTA that is directly related to the implementation of a Bus Rapid Transit project, provided that no portion of the Bus Rapid Transit project authorizes preferential access for any part of a street, except for commercial loading zones, to any vehicle that is not a Municipal Railway vehicle, tax, authorized emergency vehicle, or Golden Gate Transit vehicle.’ The motion carried by the following vote:

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

City and County of San Francisco Page 865 Printed at 1:08 pm on 1/10/19 Board of Supervisors Meeting Minutes 11/13/2018 Ordinance amending Division I of the Transportation Code to establish a procedure for Board of Supervisors review of Municipal Transportation Agency decisions related to the implementation of a Bus Rapid Transit project that authorizes preferential access for any part of a street, except for commercial loading zones, to any vehicle that is not a Municipal Railway vehicle, taxi, authorized emergency vehicle, and/or Golden Gate Transit vehicle; and affirming the Planning Department’s determination under the California Environmental Quality Act. PASSED ON FIRST READING AS AMENDED by the following vote:

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

180892 [Planning Code - 1629 Market Street Special Use District] Sponsor: Kim Ordinance amending the Planning Code to allow the use of affordable housing credits for a proposed development at 1629 Market Street; making findings under the California Environmental Quality Act; and making findings of consistency with the General Plan, 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

180891 [Development Agreement Amendment - Strada Brady, LLC - Market and Colton Streets] Sponsor: Kim Ordinance amending a Development Agreement between the City and County of San Francisco and Strada Brady, LLC, a California limited liability company, for the project at Market Street and Colton Street, to allow for the use of affordable housing credits; making 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. PASSED ON FIRST READING by the following vote:

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

180911 [Planning Code - Inclusionary Housing Ordinance] Sponsors: Mayor; Cohen and Brown Ordinance amending the Planning Code to modify the date by which projects that are eligible for the temporary inclusionary housing requirements must obtain a building or site permit; affirming the Planning Department’s determination under the California Environmental Quality Act; making findings of public necessity, convenience, and welfare under Planning Code, Section 302; and making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. Supervisors Cohen and Brown 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

181004 [Environment Code - Single-Use Food Ware Plastics, Toxics, and Litter Reduction] Sponsor: Tang Ordinance amending the Environment Code to allow food vendors to supply single-use plastic straws only upon request; provide for sale of plastic straws; clarify that nothing in Chapter 16 shall be construed to conflict with laws concerning the rights of individuals with disabilities; and affirming the Planning Department’s determination under the California Environmental Quality Act. PASSED ON FIRST READING by the following vote:

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

180947 [Endorsing the Bay Area Air Quality Management District’s Diesel Free By ’33 Statement of Purpose] Sponsors: Ronen; Mandelman Resolution endorsing the Bay Area Air Quality Management District’s Diesel Free By ’33 Statement of Purpose to establish a goal to cut diesel use to zero by the end of 2033. Resolution No. 384-18 ADOPTED by the following vote:

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

180490 [General Plan Amendments - Central South of Market Area Plan] Ordinance amending the General Plan by adding the Central South of Market (SoMa) Area Plan, generally bounded on its western portion by Sixth Street, on its eastern portion by Second Street, on its northern portion by the border of the Downtown Plan Area, and on its southern portion by Townsend Street; making conforming amendments to the Commerce and Industry Element, the Housing Element, the Urban Design Element, the Land Use Index, and the East SoMa and West SoMa Area Plans; and making environmental findings, including adopting a statement of overriding considerations, and findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Planning Commission) PASSED ON FIRST READING by the following vote:

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

along Folsom, Howard and Stevenson Streets), and on its southern portion by Townsend Street; making approval findings under the California Environmental Quality Act, including adopting a statement of overriding considerations; 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. (Economic Impact) Privilege of the floor was granted unanimously to Jon Givner (Office of the City Attorney) who responded to questions raised throughout the discussion. Supervisor Kim, seconded by Supervisor Yee, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, by adding a new Planning Code, Section 249.78(f), entitled ‘Effect of Litigation’; by adding a new Planning Code, Section 249.78(g), entitled ‘Non-Severability’; and a new Planning Code, Section 263.34(B), that states ‘Notwithstanding Sections 145.1(c)(4) and 249.78(d)(10), non-residential and PDR uses on the ground floor shall have a minimum floor-to-floor height of 14 feet, measured from the ground floor slab’. The motion carried by the following vote:

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

(Economic Impact) (Proposition X, November 2016, requires a two-thirds vote (eight votes) of the membership to amend the requirements imposed by Planning Code, Section 249.78.) PASSED ON FIRST READING AS AMENDED by the following vote:

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

180185 [Planning Code, Zoning Map - Central South of Market Special Use District] Sponsors: Mayor; Kim Ordinance amending the Zoning Map of the Planning Code to create the Central South of Market (SoMa) Special Use District and make other amendments to the Height and Bulk District Maps and Zoning Use District Maps consistent with the Central SoMa Area Plan, encompassing an area generally bounded on its western portion by Sixth Street, on its eastern portion by Second Street, on its northern portion by the border of the Downtown Plan Area (an irregular border that generally jogs along Folsom, Howard and Stevenson Streets), and on its southern portion by Townsend Street; 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. (Economic Impact) PASSED ON FIRST READING by the following vote:

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

180453 [Business and Tax Regulations, Planning Codes - Central South of Market Housing Sustainability District] Sponsors: Mayor; Kim Ordinance amending the Business and Tax Regulations and Planning Codes to create the Central South of Market Housing Sustainability District (encompassing an area generally bounded on its western portion by Sixth Street, on its eastern portion by Second Street, on its northern portion by the border of the Downtown Plan Area (an irregular border that generally tracks Folsom, Howard, or Stevenson Streets), and on its southern portion by Townsend Street) to provide a streamlined and ministerial approval process for certain housing projects within the District meeting specific labor, on-site affordability, and other requirements; creating an expedited Board of Appeals process for appeals of projects within the District; and making approval findings under the California Environmental Quality Act, findings of public convenience, necessity, 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. PASSED ON FIRST READING by the following vote:

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

180612 [Administrative Code - San Francisco Special Tax Financing Law - Central SoMa] Sponsors: Mayor; Kim Ordinance amending the Administrative Code Special Tax Financing Law, constituting Article 43.10, to authorize special tax financing of certain facilities and services related to the Central SoMa Plan Area and to make other necessary amendments. PASSED ON FIRST READING by the following vote:

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

180837 [Affirming the Categorical Exemption Determination - Washington Square Water Conservation Project] Motion affirming the determination by the Planning Department that the proposed Washington Square Water Conservation Project is categorically exempt from further environmental review. (Clerk of the Board) Motion No. M18-156 Supervisor Fewer, seconded by Supervisor Ronen, moved that this Motion be APPROVED. The motion carried by the following vote:

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

Excused: Peskin

180838 [Conditionally Reversing the Categorical Exemption Determination - Washington Square Water Conservation Project] Motion conditionally reversing the determination by the Planning Department that the proposed Washington Square Water Conservation Project is categorically exempt from further environmental review, subject to the adoption of written findings of the Board in support of this determination. (Clerk of the Board) Supervisor Fewer, seconded by Supervisor Ronen, moved that this Motion be TABLED. The motion carried by the following vote:

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

Excused: Peskin

180839 [Preparation of Findings to Reverse the Categorical Exemption Determination - Washington Square Water Conservation Project] Motion directing the Clerk of the Board to prepare findings reversing the determination by the Planning Department that the proposed Washington Square Water Conservation Project is categorically exempt from further environmental review. (Clerk of the Board) Supervisor Fewer, seconded by Supervisor Ronen, moved that this Motion be TABLED. The motion carried by the following vote:

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

Excused: Peskin

180994 [Affirming the Final Environmental Impact Report Certification - Proposed Project at 450-474 O'Farrell Street and 532 Jones Street] Motion affirming the Planning Commission’s certification of the Final Environmental Impact Report prepared for the proposed project at 450-474 O'Farrell Street and 532 Jones Street. (Clerk of the Board) Motion No. M18-154 Supervisor Kim, seconded by Supervisor Fewer, 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

180995 [Conditionally Reversing the Final Environmental Impact Report Certification - Proposed Project at 450-474 O'Farrell Street and 532 Jones Street] Motion conditionally reversing the Planning Commission’s certification of the Final Environmental Impact Report prepared for the proposed project at 450-474 O'Farrell Street and 532 Jones Street, 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 Fewer, 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

180996 [Preparation of Findings to Reverse the Final Environmental Impact Report Certification - Proposed Project at 450-474 O'Farrell Street and 532 Jones Street] 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 project at 450-474 O'Farrell Street and 532 Jones Street. (Clerk of the Board) Supervisor Kim, seconded by Supervisor Fewer, 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

180998 [Approving Conditional Use Authorization - Proposed Project at 450-474 O'Farrell Street and 532 Jones Street] Motion approving the decision of the Planning Commission by its Motion No. 20281, approving a Conditional Use Authorization identified as Planning Case No. 2013.1535ENV/CUA for a proposed project located at 450-474 O'Farrell Street and 532 Jones Street; subject to the adoption of written findings by the Board in support of this determination. (Clerk of the Board) Motion No. M18-155 Supervisor Kim, seconded by Supervisor Fewer, 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

180999 [Conditionally Disapproving Conditional Use Authorization - Proposed Project at 450-474 O'Farrell Street and 532 Jones Street] Motion conditionally disapproving the decision of the Planning Commission by its Motion No. 20281, approving a Conditional Use Authorization identified as Planning Case No. 2013.1535ENV/CUA for a proposed project located at 450-474 O'Farrell Street and 532 Jones Street, 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 Kim, seconded by Supervisor Fewer, 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

181000 [Preparation of Findings Related to Conditional Use Authorization Appeal - Proposed Project at 450-474 O'Farrell Street and 532 Jones Street] 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 as Planning Case No. 2013.1535ENV/CUA for a proposed project located at 450-474 O'Farrell Street and 532 Jones Street. (Clerk of the Board) Supervisor Kim, seconded by Supervisor Fewer, 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

sors Brown, Cohen, Fewer, Kim, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, and Yee Persons in attendance: Jon Givner, Theresa Mueller, and Bill Sanders, Deputy City Attorneys (Office of the City Attorney); Juliet Ellis, Assistant General Manager-External Affairs, and Barbara Hale, Assistant General Manager-Power Enterprise (Public Utilities Commission); and Angela Calvillo, Clerk of the Board, and Alisa Somera, Legislative Deputy Director (Office of the Clerk of the Board). Supervisors Fewer and Kim were noted absent at 6:38 p.m. and for the remainder of the meeting. Matter was heard in closed session and no action was taken. RECONVENED AS THE BOARD OF SUPERVISORS The Board reconvened at the hour of 6:53 p.m. The following Supervisors were noted present: Supervisors Brown, Cohen, Mandelman, Peskin, Ronen, Safai, Stefani, Tang, and Yee Before the vote was taken, President Cohen asked if any member of the public wished to address the Board on the proposed continuance. There were no speakers. Supervisor Peskin, seconded by Supervisor Ronen, moved that this Closed Session be CONTINUED to the Board of Supervisors meeting of January 29, 2019. The motion carried by the following vote:

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

Absent: Fewer, Kim

[Elect Not to Disclose] Motion that the Board finds that it is in the best interest of the public that the Board elect at this time not to disclose its closed session deliberations. Supervisor Yee, seconded by Supervisor Peskin, moved not to disclose its Closed Session deliberations. The motion carried by the following vote:

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

Absent: Fewer, Kim

181056 [Calling from Committee - Committee of the Whole - Hearing (File No. 180630) - African-American Workforce Hiring, Retention, and Promotional Opportunities; Workplace Discrimination and Complaints - November 27, 2018] Sponsor: Cohen Motion calling from the Government Audit and Oversight Committee, pursuant to Board Rule 3.37, the Hearing (File No. 180630) to consider African-American workforce hiring, retention, promotional opportunities, and data tracking of work place discrimination complaints at the City and County of San Francisco; and requesting the Department of Human Resources, Department of Public Health, City Attorney's Office, Controller's Office, City Administrator, and other applicable departments to report; and scheduling the Board of Supervisors to sit as a Committee of the Whole on November 27, 2018, at 3:00 p.m., to hold a public hearing on the subject matter. Motion No. M18-157 APPROVED by the following vote:

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

Absent: Fewer, Kim