Board of Supervisors Minutes: April 9, 2019

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. Ordinance No. 071-19 FINALLY PASSED The foregoing items were acted upon by the following vote:

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

Noes: None

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.) Ordinance No. 070-19 FINALLY PASSED by the following vote:

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

Noes: None

190092 [Business and Tax Regulations Code - Credits For Waiver of Homelessness Gross Receipts Tax Refund and Certain Gifts] Sponsors: Mayor; Brown Ordinance amending the Business and Tax Regulations Code to add a credit against a person or combined group’s Homelessness Gross Receipts Tax (“Tax”) equal to 10% of the portion of a person or combined group’s Tax liability for a tax year with respect to which the person or combined group enters into an agreement waiving its right to a refund of its Tax payments associated with any claim that the Homelessness Gross Receipts Tax Ordinance is invalid because it required a two-thirds vote rather than a majority of the electorate to pass; to add a credit against a person’s Tax equal to 110% of a person’s gift to support the Our City, Our Home Fund; and to authorize the Office of the Treasurer and Tax Collector to accept gifts from persons to support the Our City, Our Home Fund. (Fiscal Impact) PASSED ON FIRST READING by the following vote:

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

Noes: None

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) PASSED ON FIRST READING by the following vote:

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

Noes: None

190288 [Accept and Expend Grant - Retroactive - Safety and Justice Challenge - Amendment to the Annual Salary Ordinance - FYs 2018-2019 and 2019-2020 - $2,000,000] Sponsor: Ronen Ordinance retroactively authorizing the Office of the District Attorney to accept and expend a grant in the amount of $2,000,000 from the John D. and Catherine T. MacArthur Foundation to support San Francisco’s participation as an implementation site in the Safety and Justice Challenge; 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 Class 1823 Senior Administrative Analyst position (FTE 1.0) and one grant funded Class 8133 Victim/Witness Investigator (FTE 1.0) at the Office of the District Attorney, one grant funded Class 2930 Behavioral Health Clinician (FTE 1.0) at the Department of Public Health, and one grant funded Class 1823 Senior Administrative Analyst position (FTE 1.0) at the Sheriff’s Department for the period of October 1, 2018, through September 30, 2020. (District Attorney) PASSED ON FIRST READING by the following vote:

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

Noes: None

190242 [Agreement Amendment - San Francisco AIDS Foundation - HIV Prevention - City-Wide Syringe Access and Disposal Services - Not to Exceed $35,608,159] Resolution approving Amendment No. 2 to the agreement between the San Francisco AIDS Foundation and the Department of Public Health to provide HIV prevention services through City-wide syringe access and disposal services; to increase the contract amount by $25,768,672 for a total amount not to exceed $35,608,159; and to extend the contract by seven years, to commence July 1, 2019, for a total contract term of July 1, 2016, through June 30, 2026. (Public Health Department) (Fiscal Impact) Resolution No. 167-19 ADOPTED by the following vote:

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

Noes: None

190243 [Apply for, Accept, and Expend Funds - Retroactive - California Secretary of State - Voting System Replacement Activities - $3,011,500] Resolution retroactively authorizing the Department of Elections to apply for, accept, and expend funds allocated by the California Secretary of State in an amount not to exceed $3,011,500 to fund voting system replacement activities, for the period of July 1, 2018, through June 30, 2021. (Elections Department) (Fiscal Impact) Privilege of the floor was granted unanimously to Harvey Rose (Budget and Legislative Analyst) who responded to questions raised throughout the discussion. Resolution No. 168-19 ADOPTED by the following vote:

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

Noes: None

190282 [California Constitution Appropriations Limit - FY2018-2019 - $4,443,944,710] Resolution establishing the appropriations limit of $4,443,944,710 for FY2018-2019, pursuant to California Constitution, Article XIII B. (Controller) (Fiscal Impact) Resolution No. 169-19 ADOPTED by the following vote:

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

Noes: None

troactively approving a grant agreement, authorizing the Executive Director of the Human Services Agency to execute a grant agreement between the City and County of San Francisco, by and through its Human Services Agency, and the non-profit Meals on Wheels of San Francisco for the provision of Nutrition Programs services to older adults and adults with disabilities for the period of July 1, 2017, through June 30, 2020, in an amount not to exceed $21,600,737; retroactively approving Amendment No. 1 to increase the grant agreement amount by $709,688 for a total not to exceed amount of $22,310,425; retroactively approving Amendment No. 2 to increase the grant agreement amount by $826,393 for a total not to exceed amount of $23,136,818; and retroactively approving Amendment No. 3 to increase the agreement amount by $3,090,750 for a total not to exceed amount of $26,227,568, each amendment with no change to the length of term through June 30, 2020. (Human Services Agency) (Fiscal Impact) Privilege of the floor was granted unanimously to John Tsutakawa (Human Services Agency) who responded to questions raised throughout the discussion. Resolution No. 170-19 ADOPTED by the following vote:

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

Noes: None

n and delivery of a multifamily housing revenue note in a principal amount not to exceed $68,000,000 for the purpose of providing financing for the construction of a 152-unit multifamily rental housing project known as “691 China Basin Apartments;” approving the form of and authorizing the execution of a funding loan agreement providing the terms and conditions of the loan from the funding lender identified therein to the City and the execution and delivery of the note; approving the form of and authorizing the execution of a borrower loan agreement providing the terms and conditions of the loan from the City to the borrower; approving the form of and authorizing the execution of a regulatory agreement and declaration of restrictive covenants; authorizing the collection of certain fees; approving modifications, changes and additions to the documents; ratifying and approving any action heretofore taken in connection with the back-to-back loans, the note and the project, as defined herein; and granting general authority to City officials to take actions necessary to implement this Resolution, and related matters, as defined herein. Resolution No. 171-19 ADOPTED by the following vote:

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

Noes: None

190293 [Reimburse Expenditures - Development of the Mission Rock Project, with Tax-Exempt Debt] Sponsors: Mayor; Haney Resolution declaring official intent to reimburse expenditures related to development of the Mission Rock Project from the proceeds of bonds and other debt; and making findings under the California Environmental Quality Act. Resolution No. 162-19 ADOPTED by the following vote:

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

Noes: None

190294 [Reimburse Expenditures - Development of Pier 70, Including Affordable Housing Costs, with Tax-Exempt Debt] Sponsors: Mayor; Walton Resolution declaring official intent to reimburse expenditures related to development of Pier 70, including affordable housing costs, from the proceeds of bonds and other debt; and making findings under the California Environmental Quality Act. Resolution No. 163-19 ADOPTED by the following vote:

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

Noes: None

190142 [Environment Code - Existing Buildings Energy Performance and Benchmarking] Sponsors: Brown; Peskin, Mar and Safai Ordinance amending the Environment Code to require owners of certain nonresidential and residential buildings to annually measure and disclose energy performance; to require the Department of the Environment to collect and make public summary statistics about the energy performance of such buildings; and affirming the Planning Department’s determination under the California Environmental Quality Act. Supervisor Peskin, seconded by Supervisor Ronen, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 4, Lines 14-16, by striking 'facility composed of any occupancy types A, B, E, I-1, I12, I-3, M, R-1, R-2, R-2.1, R-3. R-3.1, R-4, and S, as defined by California Building Code Title 24 Section 302 (2016) as amended.' and inserting 'Nonresidential Building or a Residential Buliding, as these terms are defined in this Chapter 20.'; on Page 9, Lines 6-7, by inserting 'as defined in Section 2001 of this Chapter'; and making other clarifying and conforming changes. The motion carried by the following vote:

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

Noes: None

PASSED ON FIRST READING AS AMENDED by the following vote:

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

Noes: None

190188 [Planning Code - Amending Landmark Designation - 906 Broadway (Iglesia de Nuestra Señora de Guadalupe/Our Lady of Guadalupe Church)] Sponsor: Peskin Ordinance amending the Landmark Designation for Landmark No. 204, 906 Broadway (Iglesia de Nuestra Señora de Guadalupe/Our Lady of Guadalupe Church), Assessor’s Parcel Block No. 0149, Lot No. 009, under Article 10 of the Planning Code, to confirm the exterior features that should be preserved or replaced in kind, and to add interior features to the designation; 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 findings under Planning Code, Section 302. (Historic Preservation Commission) PASSED ON FIRST READING by the following vote:

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

Noes: None

190212 [Appointments, Veterans Affairs Commission - Hanley Chan, Victor Olivieri, David Chasteen, Stephen Martin-Pinto, George Chewning, and Christopher Todd McDonald] Motion appointing Hanley Chan, term ending January 31, 2020, and Victor Olivieri, David Chasteen, Stephen Martin-Pinto, George Chewning, and Christopher Todd McDonald, terms ending January 31, 2023, to the Veterans Affairs Commission. (Rules Committee) Motion No. M19-063 APPROVED by the following vote:

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

Noes: None

City and County of San Francisco Page 301 Printed at 10:48 am on 5/8/19 Board of Supervisors Meeting Minutes 4/9/2019 Supervisor Ronen Excused from Voting Supervisor Peskin, seconded by Supervisor Safai, moved that Supervisor Ronen be excused from voting on File No. 190299. The motion carried by the following vote:

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

Noes: None

Excused: Ronen

190299 [Appointment, Association of Bay Area Governments and Metropolitan Transportation Commission Legislative Task Force - Supervisor Hillary Ronen] Motion appointing Supervisor Hillary Ronen, indefinite term, to the Association of Bay Area Governments and Metropolitan Transportation Commission Legislative Task Force. (Clerk of the Board) Motion No. M19-064 APPROVED by the following vote:

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

Noes: None

Excused: Ronen

190324 [Appointment - Commission on Aging Advisory Council] Motion reappointing Allegra Fortunati, term ending March 31, 2021, to the Commission on the Aging Advisory Council. (Rules Committee) Motion No. M19-065 APPROVED by the following vote:

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

Noes: None

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) Motion No. M19-066 Supervisor Haney, seconded by Supervisor Ronen, moved that this Motion be APPROVED. The motion carried by the following vote:

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

Noes: Mar, Peskin

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 Ronen, moved that this Motion be TABLED. The motion carried by the following vote:

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

Noes: Mar, Peskin

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 Ronen, moved that this Motion be TABLED. The motion carried by the following vote:

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

Noes: Mar, Peskin

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 Fewer, moved that this Motion be TABLED. The motion carried by the following vote:

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

Noes: None

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.) Motion No. M19-067 Supervisor Haney, seconded by Supervisor Fewer, moved that this Motion be APPROVED. The motion carried by the following vote:

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

Noes: None

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) Motion No. M19-068 Supervisor Haney, seconded by Supervisor Fewer, moved that this Motion be APPROVED. The motion carried by the following vote:

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

Noes: None

Excused: Safai

190286 [De-Appropriation and Re-Appropriation - Public Utilities Commission Water Enterprise Fund Balance - Payment of Unlitigated Claim of Sambou Makalou - $124,523.97] Sponsor: Mandelman Ordinance de-appropriating $124,523.97 from the Wastewater Enterprise Fund Balance and re-appropriating the same amount to the Water Enterprise Fund Balance for the Public Utilities Commission to fund the settlement of the unlitigated claim of Sambou Makalou. PASSED ON FIRST READING by the following vote:

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

Noes: None

190319 [Opposing California State Senate Bill No. 50 (Wiener) - Housing Development: Incentives - Unless Amended] Sponsors: Mar; Mandelman, Yee, Fewer, Peskin, Walton, Ronen and Haney Resolution opposing California State Senate Bill No. 50, authored by Senator Scott Wiener, which would undermine community participation in planning for the well-being of the environment and the public good, prevent the public from recapturing an equitable portion of the economic benefits conferred to private interests, and significantly restrict San Francisco’s ability to protect vulnerable communities from displacement and gentrification, unless further amended. Privilege of the floor was granted unanimously to Jon Givner (Office of the City Attorney) who responded to questions raised throughout the discussion. Supervisor Brown requested this Resolution be DUPLICATED. See duplicated File No. 190398. Resolution No. 172-19 ADOPTED by the following vote:

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

Noes: Brown, Safai

erable communities from displacement and gentrification, unless further amended. Supervisor Brown, seconded by Supervisor Safai, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, by inserting 'FURTHER RESOLVED, That the Board of Supervisors of the City and County of San Francisco requests that SB 50 be amended to address significant concerns regarding: 1) Use of SB 50 as the base zoning for purposes of calculating the State Density Bonus; 2) Additional incentives or concessions; 3) The authority of local jurisdictions to deny demolition permits to code-complying SB 50 projects which involve demolition of existing residential units; 4) Local authority to increase inclusionary requirements on SB 50 projects; 5) Use of SB 50 incentives for construction of ‘monster homes;’ 6) Treatment of extant and future local Area Plans that increased zoned capacity to levels akin to SB 50; 7) Amend application of Costa Hawkins and the Ellis Act to allow for greater tenant protection in sensitive communities; and 8) A meaningful process for community feedback on the proposed boundaries of sensitive communities; and, be it.' The motion carried by the following vote:

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

Noes: None

Supervisor Brown, seconded by Supervisor Haney, moved that this Resolution be RE-REFERRED AS AMENDED to the Government Audit and Oversight Committee. The motion carried by the following vote:

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

Noes: None

filed January 10, 2019; scheduled pursuant to Motion No. M19-062 , approved on April 2, 2019. (Clerk of the Board) CONVENED IN CLOSED SESSION The Board recessed at the hour of 8:22 p.m. to convene in closed session pursuant to Motion No. M19-062 (File No. 190341), approved on April 2, 2019. The following Supervisors were noted present: Supervisors Brown, Fewer, Haney, Mandelman, Peskin, Ronen, Safai, Stefani, Walton, Yee. Supervisor Mar was noted absent. City and County of San Francisco Page 309 Printed at 10:48 am on 5/8/19 Board of Supervisors Meeting Minutes 4/9/2019 Persons in attendance: Jon Givner and Theresa Mueller, Deputy City Attorneys (Office of the City Attorney); Harlan Kelly, Jr., General Manager, and Barbara Hale (San Francisco Public Utilities Commission); 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 8:58 p.m. Supervisor Peskin, seconded by Supervisor Walton, moved that this Closed Session be HEARD AND FILED. The motion carried by the following vote:

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

Noes: None

Absent: Mar

Supervisors Brown and Haney were noted absent at 8:58 p.m. [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 Peskin, moved not to disclose the Closed Session deliberations. The motion carried by the following vote:

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

Noes: None

Absent: Brown, Haney, Mar

190380 [Urging a Full Pardon of Kang Hen and to Vacate His Plea to Remain in the United States] Sponsors: Walton; Peskin, Mandelman, Mar, Haney, Fewer, Brown, Ronen, Yee and Safai Resolution urging the Honorable Gavin Newsom, Governor of California, to grant Kang Hen a full pardon, and the Santa Clara District Attorney’s Office to vacate his plea to allow him to remain in the United States with his family. Supervisor Safai requested to be added as a co-sponsor. Resolution No. 175-19 ADOPTED The foregoing items were acted upon by the following vote:

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

Noes: None

Absent: Mar