Board of Supervisors Minutes: April 2, 2019

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. Ordinance No. 068-19 FINALLY PASSED The foregoing items were acted upon by the following vote:

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

ary 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 Safai, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, to add findings of consistency with the eight priority policies of Planning Code, Section 101.1, and Planning Code, Section 302, findings that the public necessity, convenience and general welfare require the proposed amendments to the Planning Code. The motion carried by the following vote:

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

(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 Walton, moved that this Ordinance be PASSED ON FIRST READING AS AMENDED. The motion carried by the following vote:

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

181110 [Business and Tax Regulations Code - Administration of Homelessness Gross Receipts Tax] Ordinance amending the Business and Tax Regulations Code to add provisions to administer the Homelessness Gross Receipts Tax; and to make conforming non-substantive changes. (Treasurer-Tax Collector) PASSED ON FIRST READING by the following vote:

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

181225 [Lease Agreement - Treasure Island Enterprises - Treasure Island Marina - $90,000 Initial Annual Base Rent] Sponsor: Mayor Resolution approving a lease agreement between the Treasure Island Development Authority and Treasure Island Enterprises, LLC, a California limited liability company, for the development and management of Treasure Island Marina for a term of 66 years following Board approval for an initial annual base rent of $90,000 with rent increases adjusted annually by the Consumer Price Index, as defined herein; making findings under the California Environmental Quality Act, adopting a Mitigation Monitoring and Reporting Program for the marina project, and confirming the Planning Department’s determination that no additional environmental impacts that were not previously identified, would occur as a result of the proposed lease. (Treasure Island Development Authority) Resolution No. 153-19 ADOPTED by the following vote:

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

181226 [Lease Agreement - Treasure Island Sailing Center Foundation - Treasure Island Sailing Center - $10,000 Minimum Annual Base Rent] Sponsor: Mayor Resolution approving a lease agreement between the Treasure Island Development Authority and Treasure Island Sailing Center Foundation, Inc, a California nonprofit corporation, for the development and management of the Treasure Island Sailing Center for a term of 66 years following Board approval for a minimum annual base rent of $10,000 with rent increases adjusted annually by the Consumer Price Index, as defined herein; making findings under the California Environmental Quality Act, adopting a Mitigation Monitoring and Reporting Program and confirming the Planning Department’s determination that no additional environmental impacts that were not previously identified, would occur as a result of the proposed lease. (Treasure Island Development Authority) Resolution No. 154-19 ADOPTED by the following vote:

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

190203 [Contract Amendment - Leaders in Community Alternatives, Inc. - Home Detention and Electronic Monitoring Program Rules and Regulations and Program Administrator’s Evidence of Financial Responsibility - 2019 Calendar Year - Not to Exceed $2,465,000] Resolution authorizing the Sheriff’s Department to enter into a third amendment to the existing contract with Leaders in Community Alternatives, Inc. (“LCA”) to administer the Sheriff’s Department’s home detention and electronic monitoring program; extending the term by three months for a total contract term of May 1, 2014, through July 31, 2019, and increasing the amount by $465,000 for a total amount not to exceed $2,465,000; approving the Sheriff Department’s home detention and electronic monitoring program rules and regulations; and approving evidence of financial responsibility demonstrated by program administrator LCA for the 2019 calendar year. (Sheriff) (Fiscal Impact) Resolution No. 157-19 ADOPTED by the following vote:

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

190205 [Contract Amendment - Black and Veatch Corporation - Water Enterprise Water System - Calaveras Dam Replacement Project - Not to Exceed $71,800,000] Resolution authorizing the General Manager of the Public Utilities Commission to execute Amendment No. 4 to an agreement with Black and Veatch Corporation, increasing the length of the agreement by ten months, for a total duration of nine years and eight months, for a total agreement term of August 1, 2010, through March 29, 2020, and increasing the agreement by $3,800,000 for a total not to exceed agreement amount of $71,800,000 for continued construction management services for the Water Enterprise Water System Improvement Program-funded Agreement No. CS-911R, Calaveras Dam Replacement Project, pursuant to Charter, Section 9.118(b). (Public Utilities Commission) (Fiscal Impact) Resolution No. 158-19 ADOPTED by the following vote:

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

190218 [Accept and Expend In-Kind Grant - Retroactive - Trust for Public Land - Gene Friend Recreation Center Feasibility Study and Concept Design - $520,500] Sponsors: Mayor; Haney Resolution retroactively authorizing the Recreation and Park Department to accept and expend a grant from the Trust for Public Land in the amount of up to $520,500 for a feasibility study and concept design for improvements to the Eugene L. Friend Recreation Center (“Gene Friend Recreation Center”) for the project term of October 2, 2018, through March 31, 2019. Privilege of the floor was granted unanimously to Beverly Ng (Recreation and Park Department) who responded to questions raised throughout the discussion. Resolution No. 159-19 ADOPTED by the following vote:

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

190244 [Accept and Expend Grant - The Workers Lab - Workers Fund - $150,000] Resolution authorizing the Office of the Treasurer & Tax Collector to accept and expend a grant in the amount of $150,000 from The Workers Lab for designing and piloting a Workers Fund at San Francisco International Airport from May 1, 2019, through June 30, 2020. (Treasurer-Tax Collector) Resolution No. 161-19 ADOPTED by the following vote:

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

190030 [Planning Code - Union Square Park, Recreation, and Open Space Fee] Sponsor: Peskin Ordinance amending the Planning Code to adjust the Union Square Park, Recreation, and Open Space Fee from $4 to $6; affirming 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, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, Yee

190222 [Declaring a Climate Emergency in San Francisco] Sponsors: Mandelman; Fewer, Peskin, Mar, Brown, Haney, Yee, Safai, Ronen, Stefani and Walton Resolution declaring a climate emergency in San Francisco; and requesting immediate and accelerated action to address the climate crisis and limit global warming to 1.5 degrees Celsius. Supervisors Ronen, Stefani, and Walton requested to be added as co-sponsors. Resolution No. 160-19 ADOPTED by the following vote:

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

190069 [Liquor License Transfer - 465 Hayes Street - The Epicurean Trader] Resolution determining that the transfer of a Type-21 off-sale general beer, wine, and distilled spirits liquor license to The Epicurean Trader, LLC, doing business as The Epicurean Trader, located at 465 Hayes Street (District 5), 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. 155-19 ADOPTED by the following vote:

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

181188 [Administrative Code - Implicit Bias Training - Department Heads and Commissioners] Sponsors: Stefani; Ronen, Walton, Mar, Brown, Haney, Safai and Mandelman Ordinance amending the Administrative Code to require department heads and members of City boards and commissions to complete implicit bias training by December 31, 2019; to require newly appointed department heads and members of City boards and commissions to complete implicit bias training within 60 days of assuming office; and to require the Department of Human Resources to provide the training. Supervisors Brown, Haney, Safai, and Mandelman requested to be added as co-sponsors. PASSED ON FIRST READING by the following vote:

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

190032 [Reappointments, Golden Gate Bridge, Highway and Transportation District - Sabrina Hernandez, Bert Hill, Richard Grosboll, and Michael Theriault] Motion reappointing Sabrina Hernandez, Bert Hill, Richard Grosboll, and Michael Theriault, for the unexpired portions of two-year terms ending January 31, 2021, to the Golden Gate Bridge, Highway and Transportation District. (Rules Committee) Motion No. M19-053 APPROVED by the following vote:

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

190120 [Rules of Order - Removing Rule 3.29 Budget and Finance Select Committee on Federal Policy Changes] Sponsor: Yee Motion amending the Rules of Order of the Board of Supervisors by striking Rule 3.29 to remove the Budget and Finance Select Committee on Federal Policy Changes. Motion No. M19-054 APPROVED by the following vote:

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

190262 [Amending Board Rules of Order - Amending Board Rules 3.26 and 3.30 - Adding Board Rule 3.31 to Establish a Joint City, School District, and City College Select] Sponsors: Yee; Ronen, Mar and Haney Motion amending the Board Rules of Order of the Board of Supervisors by making clarifying amendments to Rule 3.26 Rules Committee and Rule 3.30 Select Committee; and by adding Rule 3.31 to establish a Joint City, School District, and City College Select Committee. President Yee, seconded by Supervisor Stefani, moved that this Motion be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 2, Lines 11-12, by inserting 'The Committee shall be chaired by a Member of the Board of Supervisors designated by the President.' 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 273 Printed at 11:29 am on 4/26/19 Board of Supervisors Meeting Minutes 4/2/2019 Supervisor Haney requested to be added as a co-sponsor. Motion No. M19-055 APPROVED AS AMENDED by the following vote:

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

190274 [Appointment, Park, Recreation, and Open Space Advisory Committee - Rosa Chen] Motion appointing Rosa Chen, term ending February 1, 2021, to the Park, Recreation and Open Space Advisory Committee. (Rules Committee) Motion No. M19-056 APPROVED by the following vote:

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

190284 [Reappointment, Bicycle Advisory Committee - Melyssa Mendoza] Motion reappointing Melyssa Mendoza, term ending November 19, 2020, to the Bicycle Advisory Committee. (Rules Committee) Motion No. M19-057 APPROVED by the following vote:

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

190199 [Affirming the Categorical Exemption Determination - Outside Lands Festival Use Permit] Motion affirming the determination by the Planning Department that the proposed Outside Lands Festival Use Permit is categorically exempt from further environmental review. (Clerk of the Board) Motion No. M19-058 Supervisor Fewer, seconded by Supervisor Safai, 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

190200 [Conditionally Reversing the Categorical Exemption Determination - Outside Lands Festival Use Permit] Motion conditionally reversing the determination by the Planning Department that the proposed Outside Lands Festival Use Permit is categorically exempt from further environmental review, subject to the adoption of written findings of the Board in support of this determination. (Clerk of the Board) Supervisor Fewer, seconded by Supervisor Safai, 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

190201 [Preparation of Findings to Reverse the Categorical Exemption Determination - Outside Lands Festival Use Permit] Motion directing the Clerk of the Board to prepare findings reversing the determination by the Planning Department that the proposed Outside Lands Festival Use Permit is categorically exempt from further environmental review. (Clerk of the Board) Supervisor Fewer, seconded by Supervisor Safai, 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

190117 [Permit Amendment - Outside Lands Music Festival - Ten Year Extension - Permit Fee] Sponsors: Fewer; Mar Resolution approving and authorizing a second amendment to the existing Permit with Another Planet Entertainment LLC, for the production of the annual Outside Lands Music Festival to extend the term ten additional years until 2031, pursuant to Charter, Section 9.118, and to modify provisions of the Permit related to the permit fee and rent payments and outreach and similar matters; affirming a categorical exemption under the California Environmental Quality Act for the amendment; and ratifying prior actions, as defined herein. Resolution No. 156-19 ADOPTED by the following vote:

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

uant to Motion No. M19-047, approved March 5, 2019. (Clerk of the Board) CONVENED IN CLOSED SESSION The Board recessed at the hour of 6:11 p.m. to convene in closed session pursuant to Motion No. M19-047 (File No. 190231), approved on March 5, 2019. The following Supervisors were noted present: Supervisors Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, Yee Persons in attendance: Jon Givner, Scott M. Reiber, and Wayne Snodgrass, Deputy City Attorneys (Office of the City Attorney); Ben Rosenfield, City Controller (Office of the Controller); and Angela Calvillo, Clerk of the Board, and John Carroll, Acting 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 7:01 p.m. 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 Fewer, seconded by Supervisor Haney, moved not to disclose the Closed Session deliberations. The motion carried by the following vote:

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

190337 [Final Map 9766 - 606 Capp Street] Motion approving Final Map 9766, a two lot merger and 20 residential unit condominium project, located at 606 Capp Street, being a subdivision of Assessor’s Parcel Block No. 3615, Lot No. 055; and adopting findings pursuant to the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Public Works) Motion No. M19-060 APPROVED The foregoing items were acted upon by the following vote:

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

190320 [Urging the Trump Administration - Stop Mass Deportation - Rehabilitated Formerly Incarcerated Southeast Asian Nationals] Sponsors: Walton; Ronen, Yee, Haney, Mar, Fewer, Brown, Safai, Peskin, Stefani and Mandelman Resolution respectfully urging the Trump Administration to stop the massive deportation of rehabilitated formerly incarcerated Southeast Asian nationals. Supervisors Brown, Safai, Peskin, Stefani, and Mandelman requested to be added as co-sponsors. Resolution No. 164-19 ADOPTED by the following vote:

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

190339 [Closed Session - Labor Negotiations - April 16, 2019] Motion that the Board of Supervisors convene in closed session on April 16, 2019, at 4:00 p.m., pursuant to California Government Code, Section 54957.6, and San Francisco Administrative Code, Section 67.10(e), to confer with the Mayor’s Office and the Department of Human Resources regarding negotiations with labor unions representing City employees. (Clerk of the Board) Motion No. M19-061 APPROVED by the following vote:

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

Absent: Walton

Commission Case No. ER17-2406-000, filed August 31, 2017; Federal Energy Regulatory Commission Case No. ER17-2181-000, filed July 31, 2017; Federal Energy Regulatory Commission Case No. ER17-2204, filed July 31, 2017; Federal Energy Regulatory Commission Case No. ER17-1509-000, filed May 1, 2017; Federal Energy Regulatory Commission Case No. ER17-910-000, filed January 31, 2017; Federal Energy Regulatory Commission Case No. EL15-3-000, filed October 10, 2014; Federal Energy Regulatory Commission Case No. ER15-702-000, filed December 23, 2014; Federal Energy Regulatory Commission Case No. ER15-703-000, filed December 23, 2014; Federal Energy Regulatory Commission Case No. ER15-704-000, filed December 23, 2014; Federal Energy Regulatory Commission Case No. ER15-705-000, filed December 23, 2014; Federal Energy Regulatory Commission Case No. ER15-735-000, filed December 23, 2014; California Public Utilities Commission Case No. I.15-08-019, filed February 25, 2015; California Public Utilities Commission Case No. R.18-10-007, filed October 25, 2018; and California Public Utilities Commission Case No. R.19-01-006, filed January 10, 2019. (Clerk of the Board) ADOPTED by the following vote:

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

Supervisor Yee, seconded by Supervisor Peskin, moved to rescind the previous vote. The motion carried by the following vote:

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

Absent: Walton

Supervisor Peskin, seconded by Supervisor Mandelman, moved that this Motion be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE, on Page 1, Line 4, by inserting 'at 4:00 p.m.' and on Page 5, Line 21, by inserting 'at 4:00 p.m.' The motion carried by the following vote:

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

00, filed August 31, 2017; Federal Energy Regulatory Commission Case No. ER17-2181-000, filed July 31, 2017; Federal Energy Regulatory Commission Case No. ER17-2204, filed July 31, 2017; Federal Energy Regulatory Commission Case No. ER17-1509-000, filed May 1, 2017; Federal Energy Regulatory Commission Case No. ER17-910-000, filed January 31, 2017; Federal Energy Regulatory Commission Case No. EL15-3-000, filed October 10, 2014; Federal Energy Regulatory Commission Case No. ER15-702-000, filed December 23, 2014; Federal Energy Regulatory Commission Case No. ER15-703-000, filed December 23, 2014; Federal Energy Regulatory Commission Case No. ER15-704-000, filed December 23, 2014; Federal Energy Regulatory Commission Case No. ER15-705-000, filed December 23, 2014; Federal Energy Regulatory Commission Case No. ER15-735-000, filed December 23, 2014; California Public Utilities Commission Case No. I.15-08-019, filed February 25, 2015; California Public Utilities Commission Case No. R.18-10-007, filed October 25, 2018; and California Public Utilities Commission Case No. R.19-01-006, filed January 10, 2019. (Clerk of the Board) Motion No. M19-062 APPROVED AS AMENDED by the following vote:

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