Board of Supervisors Minutes: December 4, 2018

180184 [Administrative, Planning Codes - Central South of Market Area Plan] Sponsors: Mayor; Kim Ordinance amending the Administrative and Planning Codes to give effect to the Central South of Market 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; 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) (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.) Ordinance No. 296-18 FINALLY PASSED by the following vote:

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

Excused: Fewer

181082 [Business and Tax Regulations Code - Early Care and Education Commercial Rents Tax Credit and Exclusions] Sponsors: Kim; Yee Ordinance amending the Business and Tax Regulations Code to provide a credit against the Early Care and Education Commercial Rents Tax for the operation of certain child care facilities, and to exclude from the Early Care and Education Commercial Rents Tax base amounts subject to the hotel tax or parking tax. (Fiscal Impact) PASSED ON FIRST READING by the following vote:

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

Excused: Fewer

180282 [Dedication for Public Use - Brewster Street Extension Project] Ordinance dedicating the Brewster Street extension consisting of improvements on portions of Brewster Street and Martin Avenue in the Bernal Heights neighborhood to public use, declaring this area as shown on official Public Works drawings as open public right-of-way, and designating it for street and roadway purposes; establishing official sidewalk widths, public right-of-way widths, and street grades in connection with the Brewster Street extension; accepting the Brewster Street extension for City maintenance and liability; accepting a Public Works Order recommending dedication and acceptance of Brewster Street extension; authorizing official acts in connection with this Ordinance; 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. (Public Works) PASSED ON FIRST READING by the following vote:

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

Excused: Fewer

180778 [Building Code - Penalties for Constructing an Impervious Surface in the Front Yard Setback Without the Required Permit] Sponsor: Safai Ordinance amending the Building Code to modify the penalty for constructing an impervious surface in the front yard setback without a permit; affirming the Planning Department’s determination under the California Environmental Quality Act; and directing the Clerk of the Board of Supervisors to forward the Ordinance to the California Building Standards Commission upon final passage. PASSED ON FIRST READING by the following vote:

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

Excused: Fewer

180935 [Planning Code, Zoning Map - 1550 Evans Avenue Special Use District] Sponsor: Cohen Ordinance amending the Planning Code and Zoning Map to create the 1550 Evans Avenue Special Use 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 making findings of public necessity, convenience, and welfare under Planning Code, Section 302. PASSED ON FIRST READING by the following vote:

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

Excused: Fewer

181026 [Public Works Code - Temporary Mobile Caterer Permit] Sponsor: Mandelman Ordinance amending the Public Works Code to create a Temporary Mobile Caterer permit for restaurants that cannot operate during mandatory seismic retrofits of their buildings. PASSED ON FIRST READING by the following vote:

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

Excused: Fewer

181028 [Planning Code - Off-Street Parking Requirements] Sponsors: Kim; Peskin, Brown and Mandelman Ordinance amending the Planning Code to eliminate minimum off-street parking requirements City-wide; and making findings under the California Environmental Quality Act, 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. Privilege of the floor was granted unanimously to Jon Givner (Office of the City Attorney) who responded to questions raised throughout the discussion. Supervisor Cohen, seconded by Supervisor Safai, moved that this Ordinance be AMENDED by removing District 10 from the requirements of this Ordinance to eliminate minimum off-street parking. Before the vote was taken, Supervisor Cohen rescinded this motion. Supervisor Yee requested this Ordinance be DUPLICATED. See duplicated File No. 181184. PASSED ON FIRST READING by the following vote:

Ayes: Brown, Kim, Mandelman, Peskin, Ronen, Tang

Noes: Cohen, Safai, Stefani, Yee

Excused: Fewer

181184 [Planning Code - Off-Street Parking Requirements] Sponsor: Kim Ordinance amending the Planning Code to eliminate minimum off-street parking requirements City-wide; and making findings under the California Environmental Quality Act, 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. 181028. Supervisor Yee, seconded by Supervisor Kim, moved that this Ordinance be REFERRED to the Land Use and Transportation Committee. The motion carried by the following vote:

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

Excused: Fewer

181002 [Police Code - Prohibiting Criminal History Inquiries in Private College Admissions] Sponsors: Cohen; Ronen, Mandelman, Kim and Yee Ordinance amending the Police Code to prohibit private post-secondary educational institutions from using an application form that contains questions about an applicant’s criminal history, or asking U.S. applicants about criminal history for the purpose of deciding whether to offer admission; requiring educational institutions to retain relevant records for three years authorizing the Office of Labor Standards Enforcement to investigate possible violations and impose penalties; and providing for a private right of action. Supervisors Kim and Yee requested to be added as co-sponsors. PASSED ON FIRST READING by the following vote:

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

Excused: Fewer

181096 [Special On-Sale General Liquor License - Verifying Completion of Preapplication Meeting - 3657 Taraval Street] Sponsor: Tang Motion verifying that Q&M LLC located at 3657 Taraval Street has completed the preapplication meeting requirement under California Business and Professions Code, Section 23826.13, for the issuance of a new, non-transferable, Type-87 neighborhood-restricted special on-sale general liquor license. Motion No. M18-160 APPROVED by the following vote:

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

Excused: Fewer

180317 [Campaign and Governmental Conduct Code - Expanding Whistleblower Protections] Sponsor: Cohen Ordinance amending the Campaign and Governmental Conduct Code to provide additional retaliation protections for whistleblowers, establish retaliation protections for City contractors, increase the remedies available for whistleblowers who have suffered retaliation, and establish greater confidentiality protections for whistleblowers’ identities. PASSED ON FIRST READING by the following vote:

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

Excused: Fewer

180925 [Administrative Code - Acceptance of Gifts - SFO Museum] Ordinance amending the Administrative Code to authorize the Airport Commission to accept certain gifts, devises, and bequests of objects or other articles for the SFO Museum collection. (Airport Commission) PASSED ON FIRST READING by the following vote:

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

Excused: Fewer

180937 [Administrative Code - Composition and Sunset Date - Single Room Occupancy Task Force] Sponsor: Kim Ordinance amending the Administrative Code to extend the sunset date of the Single Room Occupancy (SRO) Task Force by three years to December 31, 2021; to eliminate one seat on the Task Force; and to change the membership of one seat on the Task Force. PASSED ON FIRST READING by the following vote:

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

Excused: Fewer

180960 [Administrative Code - Official Band - San Francisco Lesbian/Gay Freedom Band] Sponsor: Mandelman Ordinance amending the Administrative Code to designate the San Francisco Lesbian/Gay Freedom Band as the official band of the City and County of San Francisco. PASSED ON FIRST READING by the following vote:

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

Excused: Fewer

181105 [Mayoral Appointment, Residential Rent Stabilization and Arbitration Board - Jeffrey Joshua Panzer] Motion approving the Mayor's appointment of Jeffrey Joshua Panzer to the Residential Rent Stabilization and Arbitration Board, for a term ending September 1, 2022. (Clerk of the Board) (Charter, Section 3.100(18), provides that the Board of Supervisors has the authority to reject the appointment by two-thirds vote of the Board (eight votes) within 30 days following transmittal of the Mayor's Notice of Appointment, and that failure of the Board to reject the appointment within the 30-day period shall result in the appointee continuing to serve as appointed. Transmittal date: November 13, 2018.) Supervisor Cohen, seconded by Supervisor Ronen, moved that this Motion be CONTINUED to the Board of Supervisors meeting of December 11, 2018. The motion carried by the following vote:

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

Excused: Fewer

180646 [Environment Code - Refuse Separation Compliance] Sponsors: Safai; Tang Ordinance amending the Environment Code to require audits every three years of large refuse generators for compliance with refuse separation requirements; to establish enforcement measures applicable to large refuse generators found noncompliant; and affirming the Planning Department’s determination under the California Environmental Quality Act. (Fiscal Impact) Supervisor Safai, seconded by Supervisor Tang, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, by allowing the Director to consider issuance of a financial hardship waiver for 100% Affordable Housing projects, non-profit wholesale food providers, and businesses whose primary source of revenue is the sale of fresh cut flowers; and allow two audits to achieve a remedy after a Director’s notice for 100% Affordable Housing projects, non-profit wholesale food providers, and businesses whose primary source of revenue is the sale of fresh cut flowers that must adhere to the requirements of this Ordinance. The motion carried by the following vote:

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

Excused: Fewer

(Fiscal Impact) PASSED ON FIRST READING AS AMENDED by the following vote:

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

Excused: Fewer

180932 [Appropriation - Proceeds from Special Tax Bonds - Transbay Transit Center Project - FY2018-2019 - $200,000,000] Sponsor: Mayor Ordinance appropriating $200,000,000 of Special Tax Bonds, Series 2018A and Series 2018B, for financing related to the Transbay Transit Center Project and Transbay Plan Infrastructure Project in FY2018-2019. (Fiscal Impact) PASSED ON FIRST READING by the following vote:

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

Noes: Peskin

Excused: Fewer

180940 [Authorizing Issuance of Special Tax Bonds - Community Facilities District No. 2014-1 (Transbay Transit Center) - Not to Exceed Aggregate Principal Amount of $200,000,000; Confirming Annexation of Properties into Community Facilities District No. 2014-1] Sponsor: Mayor Resolution authorizing the issuance and sale of one or more series of Special Tax Bonds for City and County of San Francisco Community Facilities District No. 2014-1 (Transbay Transit Center) in the aggregate principal amount not to exceed $200,000,000; approving related documents, including an Official Statement, First Supplement to Fiscal Agent Agreement, Bond Purchase Agreement and Continuing Disclosure Undertaking; confirming annexation of properties into City and County of San Francisco Community Facilities District No. 2014-1 (Transbay Transit Center); and determining other matters in connection therewith, as defined herein. Resolution No. 419-18 ADOPTED by the following vote:

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

Noes: Peskin

Excused: Fewer

181077 [Business and Tax Regulations Code - Validation Actions and Statute of Repose for November 2018 Proposition C] Sponsors: Mayor; Cohen, Kim, Ronen and Yee Ordinance amending the Business and Tax Regulations Code to permit validation actions and impose a statute of repose with respect to Proposition C, adopted by San Francisco voters on November 6, 2018. Supervisors Kim, Ronen, and Yee requested to be added as co-sponsors. PASSED ON FIRST READING by the following vote:

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

Excused: Fewer

181078 [Appropriation and Re-Appropriation - Federal and State Revenues - $1,120,193 - SSI Cash Out Program - $197,681; CalWORKs HVI Program - $295,176; and Housing Support Program Revenue - $968,320 - Grant and Aid Assistance - FY2018-2019] Sponsor: Mayor Ordinance appropriating $1,120,193 of Federal and State revenue and re-appropriating $197,681 for the Supplemental Security Income (SSI) Cash Out program; re-appropriating $295,176 for the CalWORKs Home Visiting Initiative program; and appropriating $968,320 of CalWORKs Housing Support program revenue for City grant and aid assistance at the Human Services Agency for FY2018-2019. (Fiscal Impact) PASSED ON FIRST READING by the following vote:

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

Excused: Fewer

181079 [Public Employment - Amendment to the Salary Ordinance - Human Services Agency and Department of Public Health - Implementation of SSI Cash Out and CalWORKs Home Visiting Program - FY2018-2019] Sponsor: Mayor Ordinance amending Ordinance No. 182-18 (Salary Ordinance FYs 2018-2019 and 2019-2020) to reflect the addition of 37 new positions (13.0 FTEs) in FY2018-2019 at the Human Services Agency and the Department of Public Health to implement the Supplemental Security Income (SSI) Cash Out and CalWORKs Home Visiting Initiative programs. (Fiscal Impact) PASSED ON FIRST READING by the following vote:

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

Excused: Fewer

180915 [Planning Code - Residential Care Facilities] Sponsors: Mandelman; Yee Ordinance amending the Planning Code to allow Residential Care Facilities with seven or more persons as a principally permitted use in RH-3 (Residential House, Three-Family), RC (Residential Commercial), RM (Residential Mixed), and RTO (Residential Transit Oriented) Districts, in Neighborhood Commercial Districts, and in certain Mixed Use Districts; affirming the Planning Department’s determination under the California Environmental Quality Act; making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1; and adopting findings of public necessity, convenience, and general welfare under Planning Code, Section 302. PASSED ON FIRST READING by the following vote:

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

Excused: Fewer

181031 [Planning Code - Permit Review Procedures for Uses in Neighborhood Commercial Districts] Sponsors: Tang; Safai Ordinance amending the Planning Code to make permanent the pilot program removing neighborhood notice and Planning Commission review for certain uses in Neighborhood Commercial Districts in the areas generally bounded by Supervisorial Districts 4 and 11; 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. PASSED ON FIRST READING by the following vote:

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

Excused: Fewer

181001 [Charter Amendment - Free City College Fund] Sponsors: Kim; Mandelman, Yee, Ronen, Brown, Fewer and Safai Charter Amendment (Second Draft) to establish the Free City College Fund to defray certain costs of City College students, and to require annual appropriations in designated amounts to the Fund; at an election to be held on November 5, 2019. Supervisor Safai requested to be added as a co-sponsor. 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 Mandelman, moved that this Charter Amendment be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE, by changing the ending date of the annual baseline contribution to the Free City College Fund from ‘fiscal year 2040-2041’ to ‘fiscal year 2030-2031’; adding a provision to allow the Board to adjust the contributions to the Fund during certain circumstances by a two-thirds vote; and making other clarifying and conforming changes. The motion carried by the following vote:

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

Excused: Fewer

Charter Amendment (Third Draft) to establish the Free City College Fund to defray certain costs of City College students, and to require annual appropriations in designated amounts to the Fund; at an election to be held on November 5, 2019. Supervisor Stefani, seconded by Supervisor Tang, moved that this Charter Amendment be AMENDED by adding an annual reporting requirement to be accepted by the Board of Supervisors by ordinance, with the first report being accepted by March 1, 2020. The motion FAILED by the following vote:

Ayes: Cohen, Stefani, Tang

Noes: Brown, Kim, Mandelman, Peskin, Ronen, Safai, Yee

Excused: Fewer

Supervisor Kim, seconded by Supervisor Mandelman, moved that this Charter Amendment be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 5, Line 12, by changing ‘fiscal year 2025-2026’ to ‘fiscal year 2024-2025’. The motion carried by the following vote:

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

Excused: Fewer

City and County of San Francisco Page 931 Printed at 1:58 pm on 1/10/19 Board of Supervisors Meeting Minutes 12/4/2018 Supervisor Kim, seconded by Supervisor Ronen, moved that this Charter Amendment be CONTINUED AS AMENDED to a Committee of the Whole hearing at the Board of Supervisors meeting of December 11, 2018. The motion carried by the following vote:

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

Excused: Fewer

180805 [Police Code - Apprentice Hiring Requirements for Cannabis Businesses] Sponsor: Safai Ordinance amending the Police Code to require Cannabis Businesses, when entering into a City-mandated Labor Peace Agreement or collective bargaining agreement, to also agree that 35% of new hires shall be graduates of State-approved apprenticeship programs or of City-certified pre-apprenticeship programs, if a relevant program of either type exists. Supervisor Safai, seconded by Supervisor Peskin, moved that this Ordinance be CONTINUED ON FIRST READING to the Board of Supervisors meeting of December 11, 2018. The motion carried by the following vote:

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

Excused: Fewer

before December 31, 2018; 5) modifying the order in which the Director may review and process Cannabis Business Permit applications; 6) revising requirements associated with a Cannabis Business’ change in ownership and structure; 7) revising Cannabis Business Permit application requirements; 8) requiring Cannabis Businesses to comply with all permit conditions whether or not they are currently engaging in the permitted activity; 9) modifying the amount of Cannabis that may be delivered or sold to a customer; and 10) authorizing Cannabis Microbusinesses to conduct either storefront or delivery sales, but not both, and reducing from four to three the categories of Commercial activity required to operate as a Cannabis Microbusiness; and amending the Health Code by revising eligibility requirements for medical cannabis dispensaries seeking 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. Privilege of the floor was granted unanimously to Israel Nieves (Department of Public Health) who responded to questions raised throughout the discussion. PASSED ON FIRST READING by the following vote:

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

Excused: Fewer

181023 [Administrative Code - Extension of the Public Utilities Revenue Bond Oversight Committee] Ordinance amending the Administrative Code to extend the sunset date of the Public Utilities Revenue Bond Oversight Committee; and suspend provisions of Board Rule 2.21, to extend the Committee for an additional six years to January 1, 2025. (Public Utilities Commission) PASSED ON FIRST READING by the following vote:

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

Excused: Fewer

tions to the Board of Supervisors and the Mayor describing the cultural attributes of the District, and proposing strategies to acknowledge and preserve the cultural legacy of the District; and to establish the African American Arts and Cultural District Community Advisory Committee to advise the City on the same matters; and affirming the Planning Department’s determination under the California Environmental Quality Act. Supervisor Cohen, seconded by Supervisor Ronen, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 7, Lines 9-15, by striking ‘describe public amenities and infrastructure that reflect the character of the District, which may include but need not be limited to signage, street names, and light posts’ and adding ‘(A) describe potential improvements to public amenities and infrastructure in the District that could better reflect the culture of the District; and (B) evaluate available opportunities for adding to the public amenities and infrastructure that reflect and enhance the culture of the District, and make recommendations for potential funding sources to support those additions’. The motion carried by the following vote:

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

Excused: Fewer

PASSED ON FIRST READING AS AMENDED by the following vote:

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

Excused: Fewer

181149 [Final Map 8519 - 140 Divisadero Street] Motion approving Final Map 8519, a six residential unit condominium project, located at 140 Divisadero Street, being a subdivision of Assessor’s Parcel Block No. 1260, Lot No. 056; and adopting findings pursuant to the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Public Works) Motion No. M18-161 APPROVED The foregoing items were acted upon by the following vote:

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

Excused: Fewer

181164 [Board of Supervisors Regular Meeting Schedule - 2019] Motion establishing the 2019 Board of Supervisors Regular Meeting Schedule pursuant to Board of Supervisors Rules of Order, Rules 4.2 and 4.2.1, by cancelling the Regular Board meetings of January 1 and 22, February 19, May 28, July 2, October 15, November 26, and December 3, 2019; and all Regular Board and Committee meetings during the spring, summer and winter breaks from March 25 through March 29, July 31 through September 2, and December 18 through January 6, 2020; and further suspending portions of Board Rule 4.2, to effectuate certain dates within the regular meeting schedule to augment the flow of business. (Clerk of the Board) Motion No. M18-162 APPROVED by the following vote:

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

Excused: Fewer