Board of Supervisors Minutes: November 27, 2018

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. Ordinance No. 294-18 FINALLY PASSED The foregoing items were acted upon by the following vote:

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

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 findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. Ordinance No. 295-18 FINALLY PASSED 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. Ordinance No. 285-18 FINALLY PASSED by the following vote:

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

180862 [Transportation Code - Board of Supervisors Review of Bus Rapid Transit Projects] Sponsors: Peskin; Stefani 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. Ordinance No. 286-18 FINALLY PASSED 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) Ordinance No. 282-18 Although it was not required, Supervisor Kim, seconded by Supervisor Fewer, moved that this Ordinance be FINALLY PASSED. The motion carried by the following vote:

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

d-use general zoning control table to reflect previous amendments to remove the incentive for privately-owned public open space to provide community amenities; on Page 205, Line 20, to Page 206, Line 5, by conforming edits to mixed-use general zoning control tables to reflect previous amendments to restrict the allowable types of single room occupancy and group housing units; on Page 211, Lines 14-18, by conforming edits to MUR zoning control tables to reflect previous amendments to remove the incentive for privately-owned public open space to provide community amenities; on Page 213, Lines 7-16, by conforming edits to MUR zoning control tables to reflect previous amendments to restrict the allowable types of single room occupancy and group housing units; on Page 230, Lines 5-16, by conforming edits to CMUO zoning control tables to reflect previous amendments to restrict the allowable types of single room occupancy and group housing units; and on Page 232, Lines 13-18, by conforming edits to CMUO zoning control tables to reflect previous amendments to remove the incentive for privately-owned public open space to provide community amenities. 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.) Although it was not required, Supervisor Kim, seconded by Supervisor Fewer, moved that this Ordinance be PASSED ON FIRST READING AS AMENDED. The motion carried 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) Ordinance No. 280-18 Although it was not required, Supervisor Kim, seconded by Supervisor Fewer, moved that this Ordinance be FINALLY PASSED. The motion carried by the following vote:

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

yor; 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. Ordinance No. 281-18 Although it was not required, Supervisor Kim, seconded by Supervisor Fewer, moved that this Ordinance be FINALLY PASSED. The motion carried 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. Ordinance No. 283-18 Although it was not required, Supervisor Kim, seconded by Supervisor Fewer, moved that this Ordinance be FINALLY PASSED. The motion carried by the following vote:

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

180981 [Lease Modification - American Airlines, Inc. - SuperBay Hangar Lease No. L13-0071 - Extension of Term, Rent Increase, and Premises Reduction - $6,076,388 Initial Annual Base Rent] Resolution retroactively approving Modification No. 3 of the SuperBay Hangar Lease No. L13-0071, between American Airlines, Inc. and the City and County of San Francisco, acting by and through its Airport Commission, to extend the term by four years and eight months, for the period of November 1, 2018, through June 30, 2023; increase the initial base rent to $6,076,388 with rent increases adjusted annually by the Consumer Price Index; and reduce the premises by recapture of certain land at Plot 40 at the San Francisco International Airport. (Airport Commission) Resolution No. 406-18 ADOPTED by the following vote:

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

180989 [Airport Professional Services Agreement - ThyssenKrupp Elevator Corporation - Escalator and Electric Walk Maintenance Services - Not to Exceed $19,500,000] Resolution approving Modification No. 1 to Professional Services Agreement for Airport Contract No. 9313 - Escalator and Electric Walk Maintenance Service, between ThyssenKrupp Elevator Corporation and the City and County of San Francisco, to increase the contract term by six months from January 1, 2019, through June 30, 2019, and to increase the contract amount by $2,500,000 for a new total contract amount not to exceed $19,500,000 pursuant to Charter, Section 9.118(b). (Airport Commission) (Fiscal Impact) Resolution No. 410-18 ADOPTED by the following vote:

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

181033 [Issuance of Tax-Exempt Obligations - California Statewide Communities Development Authority - NCCD-Hooper Street LLC - Not to Exceed $100,000,000] Sponsor: Cohen Resolution approving, in accordance with Section 147(f) of the Internal Revenue Code, the issuance of tax-exempt obligations by the California Statewide Communities Development Authority in an aggregate principal amount not to exceed $100,000,000 to finance student housing facilities to be owned and/or operated by NCCD-Hooper Street LLC or an affiliate, to benefit California College of the Arts. (Controller) Resolution No. 411-18 ADOPTED by the following vote:

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

181047 [Accept and Expend Grant - Substance Abuse and Mental Health Services Administration - BEAM UP: A Comprehensive Stepped Early Intervention Services Program for Youth and Youth Adult at Clinical High Risk - $800,000] Sponsors: Mayor; Mandelman Resolution retroactively authorizing the Department of Public Health to accept and expend a grant in the amount of $800,000 from the Substance Abuse and Mental Health Services Administration to participate in a program, entitled “BEAM UP: A Comprehensive Stepped Early Intervention Services Program for Youth and Youth Adult at Clinical High Risk,” for the two-year budget period of September 30, 2018, through September 29, 2020. (Public Health Department) Resolution No. 412-18 ADOPTED by the following vote:

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

et and 255 and 265 Shotwell Street - Not to Exceed $50,639,862] Sponsors: Mayor; Ronen Resolution authorizing the issuance, sale and delivery of multifamily housing revenue bonds in an aggregate principal amount not to exceed $50,639,862 for the purpose of providing financing for the construction of a 127-unit multifamily rental housing project located at 2050, 2060, and 2070 Folsom Street and 255 and 265 Shotwell Street, known as Casa Adelante 2060 Folsom; 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, as defined herein; and related matters, as defined herein. Resolution No. 413-18 ADOPTED by the following vote:

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

181049 [Grant Agreement Amendment - Community Housing Partnership - Civic Center Hotel Navigation Center - Not to Exceed $20,799,295] Sponsor: Mayor Resolution retroactively approving the second amendment to the grant between the City and County of San Francisco and Community Housing Partnership to provide Navigation Center operations and services at the Civic Center Hotel Navigation Center, to extend the grant term by three years and six months, for a total term of July 1, 2015, through December 31, 2021, and to increase the grant amount by $11,242,844 for a total grant amount of $20,799,295. (Fiscal Impact) Resolution No. 414-18 ADOPTED by the following vote:

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

181050 [Grant Agreement Amendments - Episcopal Community Services - Lease, Supportive Housing Property Management Services and Support Services - Not to Exceed $40,364,537] Sponsor: Mayor Resolution retroactively approving the first and second amendments to the grant agreement between the City and County of San Francisco and Episcopal Community Services to provide lease, supportive housing property management, and support services, to extend the grant agreement term by two years, for a total term of July 1, 2014, through June 30, 2020, and to increase the grant amount by $14,135,146 for a total grant amount of $40,364,537. (Fiscal Impact) Resolution No. 415-18 ADOPTED by the following vote:

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

of certain outstanding debt obligations that originally financed and refinanced the acquisition, construction, improvement, equipping and furnishing of educational facilities located at 1453 Mission Street, within the City and County of San Francisco (the “City”), owned and managed by the California Institute of Integral Studies, a California nonprofit public benefit corporation (the “Borrower”), in connection with the provision of educational and other services in the City, including the instruction of students enrolled in its undergraduate and graduate degree programs; finance additional improvements to and equipping and maintenance of such facilities, including, but not limited to, building waterproofing, seismic upgrades and other campus improvements and maintenance; finance improvements to and equipping and maintenance of certain other facilities leased, occupied and operated by the Borrower for the provision of counseling services to residents of the City, which facilities are located at 312 Sutter Street; pay capitalized interest on the Bonds, and pay certain expenses incurred in connection with the issuance of the Bonds. Resolution No. 416-18 ADOPTED by the following vote:

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

181054 [Real Property License - Gerald Sullivan - Streetlight Facilities On and Near 10 Rockaway Avenue] Sponsor: Yee Resolution authorizing the General Manager of the Public Utilities Commission to enter into a revocable license with Gerald Sullivan as licensor for new streetlight facilities on Assessor’s Parcel Block No. 2916, Lot No. 15, and in rock columns in Rockaway Avenue and Laguna Honda Boulevard with no license fee. Resolution No. 417-18 ADOPTED by the following vote:

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

180479 [Liquor License Transfer - 895 Post Street - Tonic] Resolution determining that the premise-to-premise transfer of the Type-48 on-sale general public premises liquor license to Angry Otter, Inc., doing business as Tonic, located at 895 Post 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. 405-18 ADOPTED by the following vote:

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

181138 [Final Map 8615 - 2468A-2472B Bush Street] Motion approving Final Map 8615, a six unit residential condominium project, located at 2468A-2472B Bush Street, being a subdivision of Assessor’s Parcel Block No. 0657, Lot No. 012; and adopting findings pursuant to the General Plan, and the priority policies of Planning Code, Section 101.1. (Public Works) Motion No. M18-159 APPROVED The foregoing items were acted upon by the following vote:

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