Board of Supervisors Minutes: March 19, 2019

190190 [Settlement of Unlitigated Claim - One Nob Hill Associates, LLC - $65,250] Resolution approving the settlement of the unlitigated claim filed by One Nob Hill Associates, LLC against the City and County of San Francisco for $65,250; the claim was filed on February 28, 2018; the claim involves an alleged overpayment of real property transfer tax. (City Attorney) Resolution No. 142-19 ADOPTED The foregoing items were acted upon by the following vote:

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

190109 [Police, Business and Tax Regulations, Transportation Codes - Event-Related Cannabis Permits - Application Fee] Sponsors: Mandelman; Brown, Haney, Walton, Stefani and Fewer Ordinance amending the Police Code to establish procedures for the Office of Cannabis to issue permits authorizing cannabis sales or consumption, or both, in connection with temporary events, and providing a mechanism for the temporary waiver of City laws restricting smoking or cannabis consumption; amending the Business and Tax Regulations Code to establish an application fee 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. Ordinance No. 058-19 FINALLY PASSED by the following vote:

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

Noes: Mar, Safai

190139 [Real Property Lease Extension - Prologis, L.P. - 1740 Cesar Chavez Street - $419,760 Initial Annual Base Rent] Resolution authorizing the Director of Real Estate to exercise a Lease Extension for the real property located at 1740 Cesar Chavez Street with Prologis, L.P., as Landlord, for a five-year term to commence on April 1, 2019, through March 31, 2024, and a five-year option to extend at the monthly base rent of $34,980 for a total initial annual base rent of $419,760 with a 3% annual increase. (Human Resources Department) (Fiscal Impact) Resolution No. 138-19 ADOPTED by the following vote:

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

190166 [Lease of City Property - La Cocina, Inc. - 101 Hyde Street - Annual Base Rent $12,000] Sponsors: Mayor; Haney Resolution authorizing the Director of Property to execute a commercial lease between the City and County of San Francisco and La Cocina, Inc., for the lease of City-owned property located at 101 Hyde Street for a term to commence upon full execution of the lease through December 31, 2025, for an annual base rent of $12,000 plus percentage rent of net income and a $1,465,000 allowance for tenant improvements; adopting California Environmental Quality Act findings; and making findings that the proposed transaction is in conformance with the General Plan, and the eight priority policies of Planning Code, Section 101.1. Resolution No. 139-19 ADOPTED by the following vote:

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

190167 [Accept and Expend Gift - San Francisco Foundation - 101 Hyde Street - $1,000,000] Sponsors: Mayor; Haney Resolution authorizing the Mayor’s Office of Housing and Community Development to accept and expend a gift of $1,000,000 from the San Francisco Foundation to the Neighborhood Development Special Revenue Fund; and approving the City’s use of those funds for the interim activation of City property located at 101 Hyde Street. Resolution No. 140-19 ADOPTED by the following vote:

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

190168 [Accept and Expend Grant - Retroactive - San Francisco Bay Area Rapid Transit District - Pit Stop Public Toilet Program - $225,000] Sponsor: Mayor Resolution retroactively authorizing Public Works to accept and expend a grant in an amount up to $225,000 from the San Francisco Bay Area Rapid Transit District (BART) for the Pit Stop Public Toilet Program for the period of July 1, 2018, through June 30, 2019. (Public Works) (Fiscal Impact) Resolution No. 141-19 ADOPTED by the following vote:

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

190193 [Termination of Lease - Orchard Supply Company, LLC - 900 El Camino Real, Millbrae - $1,304,915] Resolution approving the terms and conditions of, and authorizing the General Manager of the San Francisco Public Utilities Commission (SFPUC) to execute a Termination of Lease between the City and County of San Francisco, through its Public Utilities Commission, as Landlord, and Orchard Supply Company, LLC, as Tenant, for a portion of SFPUC Parcel 29, representing approximately 4.438 acres of land in Millbrae, California at a ground rental rate of approximately $1,304,915 per year over the remaining five-year term of the Lease, with a termination date of April 30, 2019. (Public Utilities Commission) (Fiscal Impact) Resolution No. 143-19 ADOPTED by the following vote:

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

190217 [Accept and Expend Grant - Retroactive - Association of Bay Area Governments - Bay Area Regional Network - Energy Efficiency Program Implementation - $2,948,331] Sponsors: Mayor; Brown Resolution retroactively authorizing the Department of the Environment to accept and expend grant funds from the Association of Bay Area Governments in the amount of $2,948,331 to perform energy efficiency program implementation, as part of the Bay Area Regional Energy Network Program, an energy efficiency program, for the term of January 1, 2019, to December 31, 2019. Resolution No. 144-19 ADOPTED by the following vote:

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

190219 [Accept and Expend Grant - Bay-Peninsula Regional Planning Unit - North Valley Consortium Workforce Development Board - Tech Sector Apprenticeship System Design - $176,532] Sponsors: Mayor; Walton Resolution authorizing the Office of Economic and Workforce Development to accept and expend a grant in the amount of $176,532 from the Bay-Peninsula Regional Planning Unit’s fiscal agent, the North Valley Consortium (NOVA) Workforce Board, to develop a regional tech sector apprenticeship network and a strategy for a Bay Area apprenticeship model within one or more occupations within the tech sector, for the period of April 1, 2019, through September 30, 2020. (Department of Economic and Workforce Development) Resolution No. 145-19 ADOPTED by the following vote:

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

190220 [Accept and Expend Grant - California State Senate Bill 1 Local Partnership Program - Alemany Boulevard Pavement Renovation - $1,750,000] Sponsors: Mayor; Safai Resolution authorizing the acceptance and expenditure of California State Senate Bill 1 Local Partnership Program formulaic funding in the amount of $1,750,000 for San Francisco Public Works’ Alemany Boulevard Pavement Renovation project. (Fiscal Impact) Resolution No. 146-19 ADOPTED by the following vote:

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

ents to the California Debt Limit Allocation Committee (“CDLAC”) to permit the issuance of residential mortgage revenue bonds in an aggregate principal amount not to exceed $35,000,000 for 385-387 Eddy Street; authorizing and directing the Director to direct the Controller’s Office to hold in trust an amount not to exceed $100,000 in accordance with CDLAC procedures; authorizing the Director to certify to CDLAC that the City has on deposit the required amount; authorizing the Director to pay an amount equal to such deposit to the State of California if the City fails to issue the residential mortgage revenue bonds; approving, for purposes of the Internal Revenue Code of 1986, as amended, the issuance and sale of residential mortgage revenue bonds by the City in an aggregate principal amount not to exceed $35,000,000; authorizing and directing the execution of any documents necessary to implement this Resolution, as defined herein; and ratifying and approving any action heretofore taken in connection with the Project, as defined herein, and the Application, as defined herein. Supervisor Haney requested to be added as a co-sponsor. Resolution No. 148-19 ADOPTED by the following vote:

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

190260 [Acquisition of Real Property - 493 Sunrise Way - Wei San Deng and Jenny HJ Deng - Total Not to Exceed $50,000] Sponsor: Walton Resolution approving and authorizing the Real Estate Division, on behalf of Public Works, to acquire a portion of residential real property, located at 493 Sunrise Way, from Wei San Deng (50% ownership interest) and Jenny HJ Deng (50% ownership interest), at a purchase price of $25,000 plus associated transaction and closing costs not to exceed $25,000 for a total amount not to exceed $50,000; adopting Planning Department’s findings that the conveyance is consistent with the General Plan, the eight priority policies of Planning Code, Section 101.1, and California Environmental Quality Act findings; and authorizing the Director of Property to execute documents, make certain modifications and take certain actions in furtherance of the Purchase and Sale Agreement and this Resolution, as defined herein. Resolution No. 133-19 ADOPTED by the following vote:

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

190261 [Acquisition of Real Property - 494 Sunrise Way - Can Yuan Yu, Bao Yan Yu, and Cui Yan Yu - Total Not to Exceed $50,000] Sponsor: Walton Resolution approving and authorizing the Real Estate Division, on behalf of Public Works, to acquire a portion of residential real property, located at 494 Sunrise Way, from Can Yuan Yu (33.33% ownership interest), Bao Yan Yu (33.33% ownership interest) and Cui Yan Yu (33.34% ownership interest), at a purchase price of $25,000 plus associated transaction and closing costs not to exceed $25,000 for a total amount not to exceed $50,000; adopting Planning Department’s findings that the conveyance is consistent with the General Plan, the eight priority policies of Planning Code, Section 101.1, and California Environmental Quality Act findings; and authorizing the Director of Property to execute documents, make certain modifications, and take certain actions in furtherance of the Purchase and Sale Agreement and this Resolution, as defined herein. Resolution No. 134-19 ADOPTED by the following vote:

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

190054 [Housing Preferences - Annual Reporting - July 1, 2016, through June 30, 2018] Sponsor: Mayor Resolution receiving and approving the Mayor’s Office of Housing and Community Development’s annual report on participation in the Residential Certificate of Preference, Displaced Tenant Housing Preference, Neighborhood Resident Housing Preference, and other affordable housing preference programs for all new construction projects within the City and County of San Francisco marketed between July 1, 2016, and June 30, 2018, as required by Administrative Code, Chapter 47.4. Resolution No. 135-19 ADOPTED by the following vote:

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

171194 [Building Code - Installation of Solar Energy Systems] Sponsor: Peskin Ordinance amending the Building Code to enact an expedited and streamlined permit process for solar energy systems; affirming the Planning Department’s determination under the California Environmental Quality Act; and directing the Clerk to forward this Ordinance to the California Building Standards Commission upon final passage. PASSED ON FIRST READING by the following vote:

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

181154 [Planning Code - Inclusionary Housing Fee] Sponsor: Peskin Ordinance amending the Planning Code to require all projects using the State Density Bonus law, regardless of environmental evaluation application date, to pay the inclusionary fee on any additional units or square footage allowed by the state law; 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 convenience, necessity, and welfare under Planning Code, Section 302. (Pursuant to Charter, Section 4.105, this matter shall require a vote of two-thirds (8 votes) of all members of the Board of Supervisors to approve the Ordinance for passage.) Supervisor Peskin, seconded by Supervisor Ronen, moved that this Ordinance be CONTINUED ON FIRST READING to the Board of Supervisors meeting of April 2, 2019. The motion carried by the following vote:

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

190045 [Building, Business and Tax Regulations Codes - Temporary Homeless Shelter Provisions During Shelter Crisis] Sponsors: Mayor; Brown, Walton, Haney, Mandelman and Stefani Ordinance amending the Building Code to adopt standards for constructing homeless shelters, and to create an alternative approval procedure for homeless shelters, during a shelter crisis, pursuant to California Government Code, Section 8698.4; amending the Business and Tax Regulations Code to provide for an expedited permit appeals process for homeless shelters during a shelter crisis; affirming the Planning Department’s determination under the California Environmental Quality Act; and directing the Clerk of the Board of Supervisors to forward this Ordinance to the California Building Standards Commission and the California Department of Housing and Community Development upon final passage. PASSED ON FIRST READING by the following vote:

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

and Planning Code to streamline contracting for homeless shelters, and siting of homeless shelters by, among other things, authorizing the Department of Homelessness and Supportive Housing (HSH) to enter into and amend contracts without requiring competitive bidding for professional and other services relating to sites and programs for people experiencing homelessness (Projects Addressing Homelessness); authorizing Public Works to enter into and amend contracts without adhering to the Environment Code or to provisions relating to competitive bidding, equal benefits, local business enterprise utilization, and other requirements, for construction work and professional and other services relating to Projects Addressing Homelessness; permitting Homeless Shelters in PDR (Production Distribution Repair) and SALI (Service/Arts/Light Industrial) Districts; authorizing HSH to operate Navigation Centers for more than two years; 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. PASSED ON FIRST READING by the following vote:

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

190136 [Various Department of Building Inspection Codes - Technical Corrections to Existing Code] Ordinance amending various sections of the Building, Existing Building, Plumbing, Electrical, and Housing Codes to correct or clarify existing Code language, re-enact a longstanding permit requirement for fences with the finding required by the California Health and Safety Code, and add enforcement provisions for the Building Facade Inspection and Maintenance Program; affirming the Planning Department’s determination under the California Environmental Quality Act; adopting a finding under the California Health and Safety Code; and directing the Clerk to forward this Ordinance to the California Building Standards Commission upon final passage. (Building Inspection Commission) PASSED ON FIRST READING by the following vote:

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

190215 [Mission Bay South - Mission Bay Park P5 Acceptance and Naming Mission Bay Dog Park] Sponsor: Haney Ordinance dedicating property under City jurisdiction and located on a portion of State Trust Parcel 2, commonly known as Mission Bay Park P5, adjacent to El Dorado Street North and El Dorado Street South between Channel Street and Long Bridge Street, as open public right-of-way in Mission Bay South; naming the new park “Mission Bay Dog Park;” accepting an irrevocable offer for the acquisition facilities that comprise the park improvements; designating said facilities for public open space and park purposes; accepting the Park for maintenance and liability purposes, subject to specified limitations, as defined herein; adopting findings under the California Environmental Quality Act; making findings of consistency with the General Plan, the eight priority policies of Planning Code, Section 101.1, and the Mission Bay South Redevelopment Plan; approving a Public Works Order; and authorizing official acts in connection with this Ordinance, as defined herein. PASSED ON FIRST READING by the following vote:

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

190135 [Liquor License - 1168 Folsom Street - Decant SF] Resolution determining that the issuance of a Type-42 on-sale beer and wine public premises liquor license to Decant SF, LLC, doing business as Decant SF, located at 1168 Folsom 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. 136-19 ADOPTED by the following vote:

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

190143 [Administrative Code - Harvey Milk Terminal Signage at San Francisco International Airport] Sponsors: Ronen; Mandelman, Mar and Haney Ordinance amending the Administrative Code to set the minimum size of lettering for exterior and interior signage for the Harvey Milk Terminal, Terminal 1 of the San Francisco International Airport. (Fiscal Impact) Supervisor Haney requested to be added as a co-sponsor. Angela Calvillo, Clerk of the Board, informed the Board that the Budget and Legislative Analyst determined the amendments accepted during the Rules Committee meeting will require fiscal impact review, pursuant to Administrative Code, Section 2.6-3; therefore, this matter must be re-referred back to a fiscal committee for an additional hearing. Supervisor Ronen, seconded by Supervisor Walton, moved that this Ordinance be RE-REFERRED to the Budget and Finance Sub-Committee. 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 249 Printed at 12:18 pm on 4/25/19 Board of Supervisors Meeting Minutes 3/19/2019 Supervisor Mar Excused from Voting Supervisor Fewer, seconded by Supervisor Brown, moved that Supervisor Mar be excused from voting on File No. 190246. The motion carried by the following vote:

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

Excused: Mar

190246 [Appointment, Bay Area Air Quality Management District, Board of Directors - Supervisor Gordon Mar] Motion appointing Supervisor Gordon Mar, term ending February 1, 2021, to the Bay Area Air Quality Management District, Board of Directors. (Clerk of the Board) Motion No. M19-050 APPROVED by the following vote:

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

Excused: Mar

Supervisor Walton Excused from Voting Supervisor Safai, seconded by Supervisor Ronen, moved that Supervisor Walton be excused from voting on File No. 190247. The motion carried by the following vote:

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

Excused: Walton

190247 [Appointment, Peninsula Corridor Joint Powers Board - Supervisor Shamann Walton] Motion appointing Supervisor Shamann Walton, for an indefinite term, to the Peninsula Corridor Joint Powers Board. (Clerk of the Board) Motion No. M19-051 APPROVED by the following vote:

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

Excused: Walton

190233 [Mayoral Appointment, Retirement Board - Scott Heldfond] Sponsors: Peskin; Ronen Motion approving the Mayor's appointment of Scott Heldfond to the Retirement Board for the unexpired portion of a five-year term ending February 20, 2024. (Rules Committee) (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 thirty days following transmittal of the Mayor's Notice of Appointment, and that failure of the Board to reject the appointment by two-thirds vote within the thirty day period shall result in the appointee continuing to serve as appointed. Transmittal date: February 22, 2019) Scott Heldford, suceeding Wendy Paskin-Jordan, term expired on February 20, 2019, for the unexpired portion of a five-year term ending February 20, 2024. Motion No. M19-052 APPROVED by the following vote:

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

Noes: Fewer, Yee

d recessed at the hour of 5:52 p.m. to convene in closed session pursuant to Motion No. M19-032 (File No. 190160), approved on February 12, 2019, and continued from February 26, 2019. The following Supervisors were noted present: Supervisors Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, Yee Persons in attendance: Jon Givner, Neha Gupta, and Jeremy Goldman, Deputy City Attorneys (Office of the City Attorney); and Angela Calvillo, Clerk of the Board, and Alisa Somera, Legislative Deputy Director (Office of the Clerk of the Board). Matter was heard in closed session and no action was taken. RECONVENED AS THE BOARD OF SUPERVISORS The Board reconvened at the hour of 7:12 p.m. The following Supervisors were noted present: Supervisors Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, 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 Peskin, seconded by Supervisor Safai, moved not to disclose its Closed Session deliberations. The motion carried by the following vote:

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

t 11 large residence Special Use District (the area within a perimeter established by Interstate 280, Orizaba Avenue, Brotherhood Way, Junipero Serra Boulevard, Holloway Avenue, Ashton Avenue, Ocean Avenue, southern border of Balboa Park, San Jose Avenue, Havelock Street, Interstate 280, Stoneybrook Avenue, Cambridge Street, Stoneyford Avenue, Gladstone Drive, Sunglow Lane, Silver Avenue, Madison Street, Burrows Street, Mansfield Street, western boundary of John McLaren Park, La Grande Avenue, western boundary of John McLaren Park, Geneva Avenue, Linda Vista Steps, Lapham Way, Robinson Drive, and the southern boundary of San Francisco) to promote and enhance neighborhood character and affordability by requiring conditional use authorization for large residential developments in the District; affirming the Planning Department’s California Environmental Quality Act determination; 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 welfare under Planning Code, Section 302. Resolution No. 151-19 ADOPTED The foregoing items were acted upon by the following vote:

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

190223 [Supporting an Irish Famine Memorial] Sponsors: Mar; Haney, Peskin, Yee, Safai, Mandelman, Ronen, Fewer and Stefani Resolution supporting a permanent memorial in San Francisco for the victims and survivors of the Irish Famine, also known as the Great Hunger. Supervisor Stefani requested to be added as a co-sponsor. Resolution No. 147-19 ADOPTED by the following vote:

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

190298 [Urging the State to Increase Funding - Supporting California Assembly Bill No. 1603 (Wicks) - California Violence Intervention and Prevention Grant Program] Sponsors: Stefani; Mar and Walton Resolution urging the state to increase funding to the California Violence Intervention and Prevention Program (CalVIP) from $9,000,000 annually to $39,000,000 and supporting California Assembly Bill No. 1603, authored by Assembly Member Buffy Wicks, which provides structural fixes to CalVIP. Supervisors Mar and Walton requested to be added as co-sponsors. Resolution No. 152-19 ADOPTED by the following vote:

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