Board of Supervisors Minutes: March 12, 2019

190001 [Administrative Code - County Adult Assistance Programs] Sponsor: Ronen Ordinance amending the Administrative Code to expand eligibility for assistance under the Personal Assistance Employment Services (PAES) Program, the Cash Assistance Linked to Medi-Cal (CALM) Program, and the Supplemental Security Income Pending (SSIP) Program, to adults who are ineligible for assistance under the CalWORKs Program due to the lifetime limit on the receipt of assistance, and whose children are no longer minors, or are no longer under the care and control of the adult. (Human Services Agency) FINALLY PASSED The foregoing items were acted upon by the following vote:

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

190060 [Accept and Expend Grant - Retroactive - Blue Shield of California Foundation - Leveraging Collaboration to End Domestic Violence - Amendment to the Annual Salary Ordinance - FYs 2018-2019 and 2019-2020 - $384,562] Sponsor: Safai Ordinance retroactively authorizing the Department on the Status of Women to accept and expend a grant in the amount of $384,562 through the Blue Shield of California Foundation for Leveraging Collaboration to End Domestic Violence Program; and amending Ordinance No. 182-18 (Annual Salary Ordinance File No. 180575 for FYs 2018-2019 and 2019-2020) to provide for the addition of one grant-funded part-time Class 1820 Junior Administrative Analyst position (FTE 0.50) for the period of January 1, 2019, through December 31, 2020. FINALLY PASSED by the following vote:

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

Excused: Walton

190007 [General Plan - Downtown Area Plan Amendment - 175 Golden Gate Avenue] Sponsors: Haney; Peskin and Safai Ordinance amending the General Plan to revise Map 1 of the Downtown Area Plan to include 175 Golden Gate Avenue, Assessor's Parcel Block No. 0349, Lot No. 11, in the C-3-G (Downtown General Commercial District) area; and making environmental findings, 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 340. (Planning Commission) FINALLY PASSED by the following vote:

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

180645 [Planning Code, Zoning Map - Rezoning, Preservation Designation - 175 Golden Gate Avenue] Sponsors: Haney; Peskin and Safai Ordinance amending the Planning Code and Zoning Map to rezone the building at 175 Golden Gate Avenue (De Marillac Academy), Assessor’s Parcel Block No. 0349, Lot No. 011, from RC-4 (Residential-Commercial, High Density) to C-3-G (Commercial, Downtown General); designating the building for preservation purposes as a Category III, Contributory Building; 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. FINALLY PASSED by the following vote:

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

ee for such permits; amending Division I of the Transportation Code to allow for temporary waivers of Article 19L of the Health Code in connection with events approved by Interdepartmental Staff Committee on Traffic and Transportation; and affirming the Planning Department’s determination under the California Environmental Quality Act. Privilege of the floor was granted unanimously to Jon Givner (Office of the City Attorney) and Eugene Hillsman, Acting Director (Office of Cannabis), who responded to questions raised throughout the discussion. Supervisor Mar, seconded by Supervisor Safai, moved that this Ordinance be AMENDED by limiting permits to cannabis sales only; and by striking authorization to allow cannabis smoking during temporary events, and only allow all other ways to consume cannabis. Before the vote was taken, without object this motion was withdrawn. Supervisor Mar, seconded by Supervisor Safai, moved that this Ordinance be AMENDED by striking the proposed Police Code, Section 1621.5(e), and Section 4 of the Ordinance, to remove the provisions for a temporary waiver on the restriction and prohibition on smoking in event spaces. The motion FAILED by the following vote:

Ayes: Mar, Safai

Noes: Brown, Fewer, Haney, Mandelman, Peskin, Ronen, Stefani, Walton, Yee

PASSED ON FIRST READING by the following vote:

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

Noes: Mar, Safai

190072 [Real Property Lease Extension - SFP2 1360 Mission St., LLC - 1360 Mission Street - $321,300 Initial Annual Base Rent] Resolution approving Amendment No. 1 authorizing the Director of Real Estate to extend a Lease of real property located at 1360 Mission Street with SFP2 1360 Mission St., LLC, as landlord, for a total term of May 11, 2011, through September 21, 2020, with one extension option from September 22, 2020, through September 21, 2021, at the monthly base rent of $26,397 for an initial annual base rent of $321,300 with a 3% annual increase. (Public Health Department) (Fiscal Impact) ADOPTED by the following vote:

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

Absent: Safai, Walton

190073 [Real Property Lease - William J. Piedmonte - 729 Filbert Street - $531,216 Annual Base Rent] Resolution authorizing the Director of Real Estate to enter into a Lease of real property located at 729 Filbert Street with William J. Piedmonte, as landlord, for a five-year term to commence upon approval by the Board of Supervisors, at the monthly base rent of $44,268 for a total annual base rent of $531,216. (Public Health Department) (Fiscal Impact) ADOPTED by the following vote:

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

Absent: Safai, Walton

190106 [Agreement Amendment - Conard House - Behavioral Health Services - Not to Exceed $44,862,764] Resolution approving Amendment No. 1 to the agreement between Conard House and the Department of Public Health for behavioral health services, to increase the agreement amount by $36,323,985 for an amount not to exceed $44,862,764; and to extend the term by four years from June 30, 2019, for a total agreement term of July 1, 2018, through June 30, 2023. (Public Health Department) (Fiscal Impact) ADOPTED by the following vote:

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

Absent: Safai, Walton

190169 [Accept and Expend Grant - Federal Emergency Management Agency - Rescue Boat - $399,562] Sponsors: Mayor; Stefani Resolution authorizing the Fire Department to accept and expend a grant in the amount of $399,562 from the Federal Emergency Management Agency to purchase a rescue boat, for the period of September 1, 2018, through August 31, 2021, and waiving indirect costs. (Fire Department) ADOPTED by the following vote:

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

Absent: Walton

190170 [Accept and Expend Grant - Federal Emergency Management Agency - Rescue Tools and Defibrillators - $2,733,591] Sponsor: Mayor Resolution authorizing the Fire Department to accept and expend a grant in the amount of $2,733,591 from the Federal Emergency Management Agency to purchase rescue tools and defibrillators, for the period of September 14, 2018, through September 13, 2019, and waiving indirect costs. (Fire Department) (Fiscal Impact) ADOPTED by the following vote:

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

Absent: Walton

190171 [Accept and Expend Gift - JNJ Roof Prop - Fire Department Training Division - $24,417] Sponsors: Mayor; Brown Resolution authorizing the Fire Department to accept and expend a donation of a roof training prop valued at $24,417 from JNJ Roof Prop for the Fire Department’s Training Division. (Fire Department) ADOPTED by the following vote:

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

Absent: Walton

190172 [Accept and Expend Gift - Retroactive - Friends of Laguna Honda - Equipment Materials, Supplies and Services - $141,000] Sponsor: Mayor Resolution retroactively authorizing the Department of Public Health to accept and expend a monetary gift in the amount of $141,000 from the Friends of Laguna Honda to the Laguna Honda Hospital Gift Fund for the purchase of equipment materials, supplies, and services for residents at Laguna Honda who are otherwise unable to obtain them, for the period of July 1, 2018, through June 30, 2019. (Public Health Department) ADOPTED by the following vote:

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

Absent: Walton

190192 [Contract Approval - Retroactive - Dominion Voting Systems, Inc. - Voting System - Not to Exceed $12,660,000] Resolution retroactively approving a contract agreement between the City and County of San Francisco, by and through its Department of Elections, and Dominion Voting Systems, Inc., for the lease of a voting system, a license to use the voting system software, and related maintenance and support services, for four years for a contract term from January 1, 2019, through March 31, 2023, for an amount not to exceed $8,460,000 and with two one-year options to extend, in a total contract amount not to exceed $12,660,000. (Elections Department) (Fiscal Impact) ADOPTED by the following vote:

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

Recommendations of the Rules Committee Supervisor Peskin Excused from Voting Supervisor Fewer, seconded by Supervisor Mandelman, moved that Supervisor Peskin be excused from voting on File No. 190177. The motion carried by the following vote:

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

Excused: Peskin

190177 [Nominating Supervisor Peskin for Reappointment to California Coastal Commission] Sponsor: Stefani Resolution nominating Supervisor Aaron Peskin for the North Coast Central seat on the California Coastal Commission. After the call of the roll began, Supervisor Fewer, seconded by Supervisor Mandelman, moved to rescind the roll call vote to allow additional discussion on this matter. The motion carried without objection. ADOPTED by the following vote:

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

Excused: Peskin

190213 [Appointment, Park, Recreation, and Open Space Advisory Committee - Roisin Isner and Richard Rothman] Motion appointing Roisin Isner and Richard Rothman, term ending February 1, 2021, to the Park, Recreation and Open Space Advisory Committee. (Rules Committee) Motion No. M19-048 APPROVED by the following vote:

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

gust 3, 2015), 1049 Market Street, LLC v. City and County of San Francisco (San Francisco Superior Court, Case No. CPF-17-515754 filed on June 30, 2017), and 1049 Market Street, LLC v. City and County of San Francisco (San Francisco Superior Court, Case No. CGC-17-559890 filed on June 30, 2017); the lawsuits challenge the City's enforcement of the Planning Code’s requirements for a Conditional Use Authorization for elimination of residential uses and the City’s enforcement of Planning and Building Code violations against the property owners of 1049 Market Street; upon the grant of additional discretionary City approvals, the settlement would legalize commercial use of portions of the building and provide fifteen units of affordable housing, with priority for artists, at 1049 Market Street through the purchase and retrofit of the second floor of the building by Tenderloin Housing Clinic (“THC”); the settlement would provide for a loan in the amount of $2,400,000 by the City to THC to permanently finance THC’s purchase of an interest in the building for the purpose of affordable housing and additional funds to retrofit residential units. PASSED ON FIRST READING by the following vote:

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

Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, Yee Persons in attendance: Jon Givner, Deputy City Attorney (Office of the City Attorney); Ben Rosenfield, Controller (Office of the City Controller); Micki Callahan, Director, and Carol Isen (Department of Human Resources); and Angela Calvillo, Clerk of the Board, and Alisa Somera, Legislative Deputy Director (Office of the Clerk of the Board). Supervisor Haney was noted absent at 5:31 p.m. and for the remainder of the meeting. Supervisor Safai was noted absent at 5:34 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 5:41 p.m. The following Supervisors were noted present: Supervisors Brown, Fewer, Mandelman, Mar, Peskin, Ronen, Stefani, Walton, Yee HEARD IN CLOSED SESSION [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 Brown, seconded by Supervisor Fewer, moved not to disclose its Closed Session deliberations. The motion carried by the following vote:

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

Absent: Haney, Safai

190273 [Adoption of Findings Related to Conditional Use Authorization - 3637-3657 Sacramento Street Project] Motion adopting findings in support of the Board of Supervisors’ disapproval of Planning Commission 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 the Board’s approval of a Conditional Use Authorization for the same Planning Case and property with different conditions; and adopting findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Clerk of the Board) Motion No. M19-049 APPROVED The foregoing items were acted upon by the following vote:

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

190229 [Supporting California State Senate Bill No. 281 (Wiener) - Cow Palace Joint Powers Authority] Sponsors: Stefani; Brown, Walton, Mar and Safai Resolution supporting California State Senate Bill No. 281, authored by Senator Scott Wiener, prohibiting the sales of firearms and ammunition at the Cow Palace in Daly City and requiring the formation of the Cow Palace Joint Powers Authority to develop the property; implementation would begin January 1, 2020. Supervisor Safai requested to be added as a co-sponsor. ADOPTED by the following vote:

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

190257 [Declaring San Francisco an “Open to All” City] Sponsors: Mandelman; Brown, Walton and Fewer Resolution stating the City and County of San Francisco’s support of the national “Open to All” campaign; urging San Francisco businesses to sign the “Open to All” Pledge; declaring the City and County of San Francisco an “Open to All” City; and urging the California State Legislature to enact legislation in support of the “Open to All” campaign. Supervisors Brown, Walton, and Fewer requested to be added as co-sponsors. ADOPTED by the following vote:

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