Board of Supervisors Minutes: February 12, 2019

181175 [Planning Code - Landmark Designation - 22 Beaver Street (Benedict-Gieling House)] Sponsor: Mandelman Ordinance amending the Planning Code to designate 22 Beaver Street (Benedict-Gieling House), Assessor’s Parcel Block No. 3561, Lot No. 060, as a Landmark under Article 10 of the Planning Code; affirming the Planning Department’s determination under the California Environmental Quality Act; and making public necessity, convenience, and welfare findings under Planning Code, Section 302, and findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Historic Preservation Commission) Ordinance No. 032-19 FINALLY PASSED The foregoing items were acted upon by the following vote:

Ayes: Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, Yee

181238 [Approving Conditional Use Authorization - 3637-3657 Sacramento Street] Motion approving the decision of the Planning Commission by its Motion No. 20336, approving a Conditional Use Authorization identified as Planning Case No. 2007.1347CUA for a proposed project located at 3637-3657 Sacramento Street; and adopting findings pursuant to Planning Code, Section 101.1. (Clerk of the Board) Supervisor Stefani, seconded by Supervisor Peskin, moved that this Motion be TABLED. The motion carried by the following vote:

Ayes: Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, Yee

onditionally disapproving the decision of the Planning Commission by its Motion No. 20336, approving a Conditional Use Authorization identified as Planning Case No. 2007.1347CUA for a proposed project at 3637-3657 Sacramento 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 Stefani, seconded by Supervisor Peskin, moved that this Motion be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE, by adding conditions on the project for the design modifications; medical office space size and use limitations; assessment of nearby structures and properties; a noise control plan; a dust control plan; parking during construction; construction equipment; hours of construction; procurement of a community liaison; and assistance for affected businesses in the 3600 block of Sacramento and including any other businesses within 150 feet of the project site. The motion carried by the following vote:

Ayes: Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, Yee

City and County of San Francisco Page 126 Printed at 10:49 am on 3/12/19 Board of Supervisors Meeting Minutes 2/12/2019 Motion conditionally disapproving the decision of the Planning Commission by its Motion No. 20336, approving a Conditional Use Authorization identified as Planning Case No. 2007.1347CUA for a proposed project at 3637-3657 Sacramento Street; and conditionally approving a Conditional Use Authorization for the same Planning Case and property with different conditions, 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.) Motion No. M19-025 Supervisor Stefani, seconded by Supervisor Peskin, moved that this Motion be APPROVED AS AMENDED. The motion carried by the following vote:

Ayes: Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, Yee

181240 [Preparation of Findings Related to Conditional Use Authorization Appeal - 3637-3657 Sacramento 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. 2007.1347CUA for a proposed project located at 3637-3657 Sacramento Street. (Clerk of the Board) Motion No. M19-026 Supervisor Stefani, seconded by Supervisor Peskin, moved that this Motion be APPROVED. The motion carried by the following vote:

Ayes: Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, Yee

181133 [Agreement Amendment - State Department of Health Care Services - Substance Use Disorder Services - FYs 2017-2019 - $144,811,227] Resolution retroactively authorizing the Department of Public Health, Behavioral Health Services, to enter into Amendment No. A02 to a multi-year organized delivery system intergovernmental agreement for substance use disorder services with the State Department of Health Care Services, in the amount of $144,811,227 for the term of June 15, 2017, through June 30, 2019; and authorizing and designating the Department of Public Health County Alcohol and Drug Administrator to sign said Agreement and to approve amendments for less than 10% of the contracted amount. (Public Health Department) Privilege of the floor was granted unanimously to Greg Wagner (Department of Public Health) who responded to questions raised throughout the discussion. Resolution No. 071-19 ADOPTED by the following vote:

Ayes: Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, Yee

181180 [Lease Agreement - Elevate Gourmet Brands, Inc., and Aimhigh ESG, LLC, a Joint Venture dba Elevate Gourmet Brands - SFO Group - Terminal 3 Coffee and Quick Serve Concession - $375,000 Minimum Annual Guarantee] Resolution approving the Terminal 3 Coffee and Quick Serve Concession Lease - Lease No. 18-0346, between Elevate Gourmet Brands, Inc., and Aimhigh ESG, LLC, a joint venture dba Elevate Gourmet Brands - SFO Group, as joint tenants, and the City and County of San Francisco, acting by and through its Airport Commission, for a term of eight years, to commence following Board approval, with two one-year options to extend, and a minimum annual guarantee of $375,000 for the first year of the Lease. (Airport Commission) Resolution No. 072-19 ADOPTED by the following vote:

Ayes: Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, Yee

190017 [Airport Professional Services Agreement Modification - WCME JV - Project Management Support Services - Terminal 3 West Modernization Project - Not to Exceed $50,000,000] Resolution approving Modification No. 6 to Contract No. 10071.41, Project Management Support Services for the Terminal 3 West Modernization Project, with WCME JV to extend the term by four and a half years, from April 5, 2019, through October 4, 2023; and to increase the Contract amount by $36,000,000 for a new total contract amount not to exceed $50,000,000 pursuant to Charter, Section 9.118(b). (Airport Commission) (Fiscal Impact) Resolution No. 073-19 ADOPTED by the following vote:

Ayes: Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, Yee

190018 [2011 Airport Lease and Use Agreement - Icelandair ehf] Resolution approving the terms of 2011 Lease and Use Agreement No. 18-0322 between Icelandair ehf, and the City and County of San Francisco, acting by and through its Airport Commission, with joint use space rent and landing fees, for the lease term to commence following Board approval and expiring on June 30, 2021. (Airport Commission) Resolution No. 074-19 ADOPTED by the following vote:

Ayes: Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, Yee

181108 [Police, Housing Codes - Required Disclosure of Storm Flood Risks] Sponsor: Yee Ordinance amending the Police Code to require sellers or landlords of real property in San Francisco to disclose to buyers or tenants that the property is located within the flood risk zone delineated on the San Francisco Public Utilities Commission’s 100-Year Storm Flood Risk Map; amending the Housing Code to require that the Department of Building Inspection’s Report of Residential Building Record include a disclosure statement for property located within the flood risk zone; and affirming the Planning Department’s determination under the California Environmental Quality Act. (Public Utilities Commission) PASSED ON FIRST READING by the following vote:

Ayes: Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, Yee

190050 [Street Encroachment Permit - Dogpatch Arts Plaza on a Portion of 19th Street] Sponsors: Mayor; Walton Resolution granting revocable permission to 650 Indiana Street LLC, the property owner of 650 Indiana Street (Assessor’s Parcel Block No. 4041, Lot No. 009), to occupy and maintain a portion of the 19th Street public right-of-way, between Indiana Street and Interstate Highway 280, with an arts-focused public pedestrian plaza; accepting an offer of public improvements and dedicating the improvements to public use; adopting environmental 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. Resolution No. 075-19 ADOPTED by the following vote:

Ayes: Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, Yee

190053 [Street Encroachment Permit - Eagle Plaza on a Portion of 12th Street at Harrison Street] Sponsors: Mayor; Haney and Mandelman Resolution granting revocable permission to 1532 Harrison Owner, LLC, the property owner of 1532 Harrison Street (Assessor’s Parcel Block No. 3521, Lot No. 055-056), to install, occupy, and maintain a portion of the 12th Street public right-of-way, between Harrison Street and Bernice Street, with a LGBTQ leather-focused public pedestrian plaza space and a two-lane roadway; conditionally accepting an offer of public improvements and dedicating the improvements to public use; adopting environmental 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. Resolution No. 076-19 ADOPTED by the following vote:

Ayes: Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, Yee

190128 [Appointment, In-Home Supportive Services Public Authority - Michael Pappas] Motion appointing Michael Pappas, term ending March 1, 2021, to the In-Home Supportive Services Public Authority. (Rules Committee) Motion No. M19-027 APPROVED by the following vote:

Ayes: Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, Yee

190129 [Appointment, Bicycle Advisory Committee - Kisai Henriquez] Motion appointing Kisai Henriquez, term ending November 19, 2020, to the Bicycle Advisory Committee. (Rules Committee) Motion No. M19-028 APPROVED by the following vote:

Ayes: Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, Yee

190130 [Appointment, Park, Recreation, and Open Space Advisory Committee - Karen Rhodes] Motion appointing Karen Rhodes, term ending February 1, 2021, to the Park, Recreation and Open Space Advisory Committee. (Rules Committee) Motion No. M19-029 APPROVED by the following vote:

Ayes: Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, Yee

190132 [Appointment, Pedestrian Safety Advisory Committee - Cyndi Bakir] Motion appointing Cyndi Bakir, term ending March 31, 2021, to the Pedestrian Safety Advisory Committee. (Rules Committee) Motion No. M19-030 APPROVED by the following vote:

Ayes: Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, Yee

190133 [Reappointment, Elections Commission - Christopher Jerdonek] Motion reappointing Christopher Jerdonek, term ending January 1, 2024, to the Elections Commission. (Rules Committee) Motion No. M19-031 APPROVED by the following vote:

Ayes: Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, Yee

t Yee opened the public hearings and Supervisor Haney indicated that, at the request of the appellant and project sponsor, he would be making a motion to continue these matters to a later date. The President then inquired as to whether any individual wished to address the Board. Sue Hestor (Appellant) confirmed the appellant’s request that the Board waive the deadlines contained in Planning Code, Section 308.1(c), and that these matters be continued to April 9, 2019. Alice Suet Yee Barkley (Project Sponsor) confirmed the project sponsor’s request that the Board waive the deadlines contained in Planning Code, Section 308.1(c), and that these matters be continued to April 9, 2019. Jon Givner (Office of the City Attorney) provided additional information and answered questions raised throughout the discussion. There were no other speakers. President Yee closed public on the continuance. Supervisor Haney, seconded by Supervisor Mandelman, moved that this Hearing be CONTINUED to the Board of Supervisors meeting of April 9, 2019, pursuant to the request of the appellant and project sponsor to waive the deadlines of Planning Code, Section 308.1(c). The motion carried by the following vote:

Ayes: Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Stefani, Walton, Yee

Excused: Safai

190094 [Affirming the Community Plan Evaluation - 1052-1060 Folsom Street and 190-194 Russ Street] Motion affirming the determination by the Planning Department, that a proposed project at 1052-1060 Folsom Street and 190-194 Russ Street is exempt from further environmental review under a Community Plan Evaluation. (Clerk of the Board) Supervisor Haney, seconded by Supervisor Mandelman, moved that this Hearing be CONTINUED to the Board of Supervisors meeting of April 9, 2019, pursuant to the request of the appellant and project sponsor to waive the deadlines of Planning Code, Section 308.1(c). The motion carried by the following vote:

Ayes: Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Stefani, Walton, Yee

Excused: Safai

190095 [Conditionally Reversing the Community Plan Evaluation - 1052-1060 Folsom Street and 190-194 Russ Street] Motion conditionally reversing the determination by the Planning Department, that the proposed project at 1052-1060 Folsom Street and 190-194 Russ Street is exempt from further environmental review under a Community Plan Evaluation, subject to the adoption of written findings of the Board in support of this determination. (Clerk of the Board) Supervisor Haney, seconded by Supervisor Mandelman, moved that this Hearing be CONTINUED to the Board of Supervisors meeting of April 9, 2019, pursuant to the request of the appellant and project sponsor to waive the deadlines of Planning Code, Section 308.1(c). The motion carried by the following vote:

Ayes: Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Stefani, Walton, Yee

Excused: Safai

190096 [Preparation of Findings to Reverse the Community Plan Evaluation - 1052-1060 Folsom Street and 190-194 Russ Street] Motion directing the Clerk of the Board to prepare findings reversing a Community Plan Evaluation determination by the Planning Department that a proposed project at 1052-1060 Folsom Street and 190-194 Russ Street is exempt from further environmental review. (Clerk of the Board) Supervisor Haney, seconded by Supervisor Mandelman, moved that this Hearing be CONTINUED to the Board of Supervisors meeting of April 9, 2019, pursuant to the request of the appellant and project sponsor to waive the deadlines of Planning Code, Section 308.1(c). The motion carried by the following vote:

Ayes: Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Stefani, Walton, Yee

Excused: Safai

t Yee opened the public hearings and Supervisor Haney indicated that, at the request of the appellant and project sponsor, he would be making a motion to continue these matters to a later date. The President then inquired as to whether any individual wished to address the Board. Sue Hestor (Appellant) confirmed the appellant’s request that the Board waive the deadlines contained in Planning Code, Section 308.1(c), and that these matters be continued to April 9, 2019. Alice Suet Yee Barkley (Project Sponsor) confirmed the project sponsor’s request that the Board waive the deadlines contained in Planning Code, Section 308.1(c), and that these matters be continued to April 9, 2019. Jon Givner (Office of the City Attorney) provided additional information and answered questions raised throughout the discussion. There were no other speakers. President Yee closed public on the continuance. Supervisor Haney, seconded by Supervisor Mandelman, moved that this Hearing be CONTINUED to the Board of Supervisors meeting of April 9, 2019, pursuant to the request of the appellant and project sponsor to waive the deadlines of Planning Code, Section 308.1(c). The motion carried by the following vote:

Ayes: Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Stefani, Walton, Yee

Excused: Safai

190098 [Approving Conditional Use Authorization - 1052-1060 Folsom Street and 190-194 Russ Street] Motion approving the decision of the Planning Commission by its Motion No. 20361, approving a Conditional Use Authorization identified as Planning Case No. 2016.004905CUA for a proposed project located at 1052-1060 Folsom Street and 190-194 Russ Street; and adopting findings pursuant to Planning Code, Section 101.1. (Clerk of the Board) Supervisor Haney, seconded by Supervisor Mandelman, moved that this Hearing be CONTINUED to the Board of Supervisors meeting of April 9, 2019, pursuant to the request of the appellant and project sponsor to waive the deadlines of Planning Code, Section 308.1(c). The motion carried by the following vote:

Ayes: Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Stefani, Walton, Yee

Excused: Safai

190099 [Conditionally Disapproving Conditional Use Authorization - 1052-1060 Folsom Street and 190-194 Russ Street] Motion conditionally disapproving the decision of the Planning Commission by its Motion No. 20361, approving a Conditional Use Authorization identified as Planning Case No. 2016.004905CUA for a proposed project at 1052-1060 Folsom Street and 190-194 Russ 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 Haney, seconded by Supervisor Mandelman, moved that this Hearing be CONTINUED to the Board of Supervisors meeting of April 9, 2019, pursuant to the request of the appellant and project sponsor to waive the deadlines of Planning Code, Section 308.1(c). The motion carried by the following vote:

Ayes: Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Stefani, Walton, Yee

Excused: Safai

190100 [Preparation of Findings Related to Conditional Use Authorization Appeal - 1052-1060 Folsom Street and 190-194 Russ 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. 2016.004905CUA for a proposed project located at 1052-1060 Folsom Street and 190-194 Russ Street. (Clerk of the Board) Supervisor Haney, seconded by Supervisor Mandelman, moved that this Hearing be CONTINUED to the Board of Supervisors meeting of April 9, 2019, pursuant to the request of the appellant and project sponsor to waive the deadlines of Planning Code, Section 308.1(c). The motion carried by the following vote:

Ayes: Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Stefani, Walton, Yee

Excused: Safai

181186 [Appropriation - Educational Revenue Augmentation Fund Property Tax $220,551,322 - Rainy Day One-Time Reserve Funds $52,000,000 - SFPUC Revenue Bonds $10,000,000 - Various Services - FY2018-2019] Sponsors: Peskin; Fewer, Mandelman, Yee, Mar, Ronen, Haney, Walton, Brown, Safai and Stefani Ordinance appropriating $220,551,322 of excess Educational Revenue Augmentation Fund Property Taxes and $52,000,000 of Rainy Day One-Time Reserve funds for affordable housing small site, single residence occupancy hotel, and behavioral health acquisition and renovation, homelessness and behavioral health services, early care and SFUSD educator funding, for a utility distribution acquisition assessment, various mandatory baseline contributions, and to establish a Teacher and Early Care Educator Unappropriated Emergency Reserve, and $10,000,000 from San Francisco Public Utilities Commission Revenue Bonds for a utility substation. (Fiscal Impact) PASSED ON FIRST READING by the following vote:

Ayes: Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, Yee

190044 [Appropriation - Educational Revenue Augmentation Fund Property Tax - New Light Rail Vehicles, Energy Efficiency Audits, Small Business Mitigation Fund, and Mandatory City Services Auditor Baseline - SFMTA - $38,124,000 - FY2018-2019] Sponsor: Mayor Ordinance appropriating $38,124,000 in excess Educational Revenue Augmentation Fund Property Taxes to the San Francisco Municipal Transportation Agency (SFMTA), including $19,247,904 to purchase Light Rail Vehicles, $13,800,000 to conduct energy efficiency audits and improvements at SFMTA facilities, $5,000,000 to a Small Business Impact Mitigation Fund and a mandatory City Services Auditor baseline in FY 2018-2019; and placing $38,124,000 on Controller’s Reserve pending confirmation of cash flow timing from the State of California. (Fiscal Impact) PASSED ON FIRST READING by the following vote:

Ayes: Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, Yee

190160 [Closed Session - Existing Litigation - American Beverage Association, California Retailers Association, and California State Outdoor Advertising Association - February 26, 2019] Motion that the Board of Supervisors convene in closed session on February 26, 2019, pursuant to California Government Code, Section 54956.9(a), and Administrative Code, Section 67.10(d)(1), for the purpose of conferring with, or receiving advice from, the City Attorney regarding the existing litigation in which the City is a defendant and appellee, American Beverage Association, California Retailers Association, and California State Outdoor Advertising Association v. City and County of San Francisco, Ninth Circuit Court of Appeals Case Nos. 16-16072 and 16-16073, filed in the United States District Court for the Northern District of California on July 24, 2015. (Clerk of the Board) Motion No. M19-032 APPROVED The foregoing items were acted upon by the following vote:

Ayes: Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, Yee