# Board of Supervisors Minutes: April 9, 2019 - Meeting date: 2019-04-09 - Document type: minutes - Pages in official PDF: 24 - [Canonical HTML transcript](https://sfbos.info/documents/580/2019-04-09-minutes) - [Authoritative City PDF](https://sfgov.legistar.com/View.ashx?M=M&ID=688306&GUID=C84106F2-5779-413F-9179-764CE987759E) > This text was extracted for search and accessibility. The linked City PDF is the authoritative public record. ## Structured legislative records ### File 181110: Business and Tax Regulations Code - Administration of Homelessness Gross Receipts Tax - Pages: 3 ### File 190030: Planning Code - Union Square Park, Recreation, and Open Space Fee - Pages: 3 ### File 181188: Administrative Code - Implicit Bias Training - Department Heads and Commissioners - Pages: 3-4 - Vote 1: final-passage, likely final - Action: 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 ### File 181154: Planning Code - Inclusionary Housing Fee - Pages: 4 - Vote 1: final-passage, likely final - Action: 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 ### File 190092: Business and Tax Regulations Code - Credits For Waiver of Homelessness Gross Receipts Tax Refund and Certain Gifts - Pages: 4-5 - Vote 1: first-reading - Action: 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 ### File 190143: Administrative Code - Harvey Milk Terminal Signage at San Francisco International Airport - Pages: 5 - Vote 1: first-reading - Action: 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 ### File 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 - Pages: 5 - Vote 1: first-reading - Action: 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 ### File 190242: Agreement Amendment - San Francisco AIDS Foundation - HIV Prevention - City-Wide Syringe Access and Disposal Services - Not to Exceed $35,608,159 - Pages: 5-6 - Vote 1: adoption, likely final - Action: 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 ### File 190243: Apply for, Accept, and Expend Funds - Retroactive - California Secretary of State - Voting System Replacement Activities - $3,011,500 - Pages: 6 - Vote 1: adoption, likely final - Action: 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 ### File 190282: California Constitution Appropriations Limit - FY2018-2019 - $4,443,944,710 - Pages: 6 - Vote 1: adoption, likely final - Action: 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 ### File 190283: Grant Agreement and Subsequent Amendments - Retroactive - Meals on Wheels of San Francisco - Nutrition Programs Services - Not to Exceed $26,227,568 - Pages: 6-7 - Vote 1: adoption, likely final - Action: 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 ### File 190289: Multifamily Housing Revenue Notes - 691 China Basin Street (“691 China Basin Apartments”) - Not to Exceed $68,000,000 - Pages: 7 - Vote 1: adoption, likely final - Action: 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 ### File 190293: Reimburse Expenditures - Development of the Mission Rock Project, with Tax-Exempt Debt - Pages: 7 - Vote 1: adoption, likely final - Action: 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 ### File 190294: Reimburse Expenditures - Development of Pier 70, Including Affordable Housing Costs, with Tax-Exempt Debt - Pages: 7-8 - Vote 1: adoption, likely final - Action: 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 ### File 190142: Environment Code - Existing Buildings Energy Performance and Benchmarking - Pages: 8 - Vote 1: amendment - Action: 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 - Vote 2: first-reading - Action: PASSED ON FIRST READING AS AMENDED by the following vote: - Ayes: Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, Yee ### File 190188: Planning Code - Amending Landmark Designation - 906 Broadway (Iglesia de Nuestra Señora de Guadalupe/Our Lady of Guadalupe Church) - Pages: 8 - Vote 1: first-reading - Action: 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 ### File 190212: Appointments, Veterans Affairs Commission - Hanley Chan, Victor Olivieri, David Chasteen, Stephen Martin-Pinto, George Chewning, and Christopher Todd McDonald - Pages: 8-9 - Vote 1: approval, likely final - Action: 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 - Vote 2: other - Action: 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 - Excused: Ronen ### File 190299: Appointment, Association of Bay Area Governments and Metropolitan Transportation Commission Legislative Task Force - Supervisor Hillary Ronen - Pages: 9 - Vote 1: approval, likely final - Action: 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 - Excused: Ronen ### File 190324: Appointment - Commission on Aging Advisory Council - Pages: 9 - Vote 1: approval, likely final - Action: 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 ### File 190093: Hearing - Appeal of Determination of Community Plan Evaluation - 1052-1060 Folsom Street and 190-194 Russ Street - Pages: 10-11 ### File 190094: Affirming the Community Plan Evaluation - 1052-1060 Folsom Street and 190-194 Russ Street - Pages: 11 - Vote 1: approval, likely final - Action: 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 ### File 190095: Conditionally Reversing the Community Plan Evaluation - 1052-1060 Folsom Street and 190-194 Russ Street - Pages: 11 - Vote 1: tabling - Action: 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 ### File 190096: Preparation of Findings to Reverse the Community Plan Evaluation - 1052-1060 Folsom Street and 190-194 Russ Street - Pages: 11-12 - Vote 1: tabling - Action: 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 ### File 190097: Hearing - Appeal of Conditional Use Authorization - Proposed Project at 1052-1060 Folsom Street and 190-194 Russ Street - Pages: 12-13 ### File 190098: Approving Conditional Use Authorization - 1052-1060 Folsom Street and 190-194 Russ Street - Pages: 13 - Vote 1: tabling - Action: 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 - Excused: Safai ### File 190099: Conditionally Disapproving Conditional Use Authorization - 1052-1060 Folsom Street and 190-194 Russ Street - Pages: 13 - Vote 1: approval, likely final - Action: 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 - Excused: Safai ### File 190100: Preparation of Findings Related to Conditional Use Authorization Appeal - 1052-1060 Folsom Street and 190-194 Russ Street - Pages: 13-14 - Vote 1: approval, likely final - Action: 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 - Excused: Safai ### File 190286: De-Appropriation and Re-Appropriation - Public Utilities Commission Water Enterprise Fund Balance - Payment of Unlitigated Claim of Sambou Makalou - $124,523.97 - Pages: 14 - Vote 1: first-reading - Action: 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 ### File 190319: Opposing California State Senate Bill No. 50 (Wiener) - Housing Development: Incentives - Unless Amended - Pages: 14-15 - Vote 1: adoption, likely final - Action: 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 ### File 190398: Opposing California State Senate Bill No. 50 (Wiener) - Housing Development: Incentives - Unless Amended - Pages: 15 - Vote 1: amendment - Action: 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 - Vote 2: amendment - Action: 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 ### File 190374: Closed Session - Existing Litigation - Pacific Gas and Electric Company - April 9, 2019 - Pages: 16-17 - Vote 1: other - Action: 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 - Absent: Mar - Vote 2: other - Action: 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 - Absent: Brown, Haney, Mar ### File 190362: Supporting California State Assembly Bill No. 539 (Limón) - Fair Access to Credit Act - Pages: 17-18 ### File 190367: Requesting the San Francisco Public Utilities Commission to Report on Options for Improving Electric Service through Acquisition, Construction or Completion of Public Utility - Pages: 18 ### File 190380: Urging a Full Pardon of Kang Hen and to Vacate His Plea to Remain in the United States - Pages: 18 - Vote 1: adoption, likely final - Action: 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 - Absent: Mar ### File 190389: Administrative Code - Castro Lesbian, Gay, Bisexual, Transgender, and Queer (LGBTQ) Cultural District - Pages: 19 ### File 190237: Plumbing Code - Placement and Minimum Size of Building Traps - Pages: 19 ### File 190391: Administrative Code - Requirements for Mills Act Applications - Pages: 19-20 ### File 190392: Administrative Code - Juvenile Hall Closure - Pages: 20 ### File 190393: Supporting California State Assembly Bill No. 857 (Chiu and Santiago) - Public Banking Act - Pages: 20 ### File 190394: Supporting California State Assembly Bill No. 1605 (Ting, Bloom) - City and County of San Francisco: Crooked Street Reservation and Pricing Program - Pages: 20 ### File 190348: Committee of the Whole - Report of Assessment Costs - Sidewalk Inspection and Repair Program - May 7, 2019 - Pages: 20-21 ### File 190351: Committee of the Whole - Report of Assessment Costs - Accelerated Sidewalk Abatement Program - May 7, 2019 - Pages: 21 ### File 190395: Hearing - Overhead Wires and Utilities - Pages: 21 ### File 190396: Hearing - City College of San Francisco Proposed Course Changes and Reductions - Pages: 21 ### File 190397: Hearing - Affordable Senior Housing - Pages: 21-22 ### File 190342: Settlement of Lawsuit - Alyx Cronin - $67,000 - Pages: 22 ### File 190343: Settlement of Lawsuit - Timothy Doyle - $75,000 - Pages: 22 ### File 190344: Settlement of Lawsuit - Tyler Francis O’Connor - $125,000 - Pages: 22 ### File 190345: Settlement of Lawsuit - Fidelia del Carmen May Can, Rosana Guadalupe Gongora May, Luis Rodolfo Gongora May, and Angel de Jesus May - $140,000 - Pages: 22-23 ### File 190347: Memorandum of Agreement - United States Department of the Interior, National Park Service - Management of Watersheds Supplying San Francisco Regional Water System - Not to Exceed $33,257,629 - Pages: 23 ### File 190350: Report of Assessment Costs - Sidewalk Inspection and Repair Program - Pages: 23 ### File 190353: Report of Assessment Costs - Accelerated Sidewalk Abatement Program - Pages: 23-24 ## Extracted text ### [Page 1](https://sfbos.info/documents/580/2019-04-09-minutes#page-1) BOARD OF SUPERVISORS CITY AND COUNTY OF SAN FRANCISCO MEETING MINUTES Tuesday, April 9, 2019 - 2:00 PM Legislative Chamber, Room 250 City Hall, 1 Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 Regular Meeting NORMAN YEE, PRESIDENT VALLIE BROWN, SANDRA LEE FEWER, MATT HANEY, RAFAEL MANDELMAN, GORDON MAR, AARON PESKIN, HILLARY RONEN, AHSHA SAFAI, CATHERINE STEFANI, SHAMANN WALTON Angela Calvillo, Clerk of the Board BOARD COMMITTEES Committee Membership Meeting Days Budget and Finance Committee Wednesday Supervisors Fewer, Stefani, Mandelman, Ronen, Yee 1:00 PM Budget and Finance Sub-Committee Wednesday Supervisors Fewer, Stefani, Mandelman 10:00 AM Government Audit and Oversight Committee 1st and 3rd Thursday Supervisors Mar, Brown, Peskin 10:00 AM Joint City, School District, and City College Select Committee 2nd Friday Supervisors Haney, Walton, Mar (Alt) 10:00 AM Land Use and Transportation Committee Monday Supervisors Peskin, Safai, Haney 1:30 PM Public Safety and Neighborhood Services Committee 2nd and 4th Thursday Supervisors Mandelman, Stefani, Walton 10:00 AM Rules Committee Monday Supervisors Ronen, Walton, Mar 10:00 AM First-named Supervisor is Chair, Second-named Supervisor is Vice-Chair of the Committee. Volume 114 Number 11 ### [Page 2](https://sfbos.info/documents/580/2019-04-09-minutes#page-2) Board of Supervisors Meeting Minutes 4/9/2019 Members Present: Vallie Brown, Sandra Lee Fewer, Matt Haney, Rafael Mandelman, Gordon Mar, Aaron Peskin, Hillary Ronen, Ahsha Safai, Catherine Stefani, Shamann Walton, and Norman Yee The Board of Supervisors of the City and County of San Francisco met in regular session on Tuesday, April 9, 2019, with President Norman Yee presiding. President Yee called the meeting to order at 2:01 p.m. ROLL CALL AND PLEDGE OF ALLEGIANCE On the call of the roll, Supervisors Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Stefani, and Yee, were noted present. Supervisors Brown, Safai, and Walton were noted not present. A quorum was present. Supervisors Safai and Walton were noted present at 2:02 p.m. Supervisor Brown was noted present at 2:03 p.m. COMMUNICATIONS There were no communications. APPROVAL OF MEETING MINUTES President Yee inquired whether any Board Member had any corrections to the March 5, 2019, Board Meeting Minutes. There were no corrections. Supervisor Haney, seconded by Supervisor Stefani, moved to approve the March 5, 2019, Board Meeting Minutes. The motion carried by the following vote, following general public comment: Ayes: 11 - Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, Yee AGENDA CHANGES There were no agenda changes. City and County of San Francisco Page 295 Printed at 10:48 am on 5/8/19 ### [Page 3](https://sfbos.info/documents/580/2019-04-09-minutes#page-3) Board of Supervisors Meeting Minutes 4/9/2019 CONSENT AGENDA Recommendation of the Budget and Finance Sub-Committee 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) Ordinance No. 069-19 FINALLY PASSED Recommendation of the Land Use and Transportation Committee 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. Ordinance No. 072-19 FINALLY PASSED Recommendation of the Rules Committee 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: 11 - Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, Yee City and County of San Francisco Page 296 Printed at 10:48 am on 5/8/19 ### [Page 4](https://sfbos.info/documents/580/2019-04-09-minutes#page-4) Board of Supervisors Meeting Minutes 4/9/2019 REGULAR AGENDA UNFINISHED BUSINESS Recommendation of the Land Use and Transportation Committee 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: 11 - Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, Yee NEW BUSINESS Recommendations of the Budget and Finance Sub-Committee 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: 11 - Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, Yee City and County of San Francisco Page 297 Printed at 10:48 am on 5/8/19 ### [Page 5](https://sfbos.info/documents/580/2019-04-09-minutes#page-5) Board of Supervisors Meeting Minutes 4/9/2019 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: 11 - Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, Yee 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: 11 - Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, Yee 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: 11 - Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, Yee City and County of San Francisco Page 298 Printed at 10:48 am on 5/8/19 ### [Page 6](https://sfbos.info/documents/580/2019-04-09-minutes#page-6) Board of Supervisors Meeting Minutes 4/9/2019 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: 11 - Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, Yee 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: 11 - Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, Yee 190283 [Grant Agreement and Subsequent Amendments - Retroactive - Meals on Wheels of San Francisco - Nutrition Programs Services - Not to Exceed $26,227,568] Resolution retroactively 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: 11 - Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, Yee City and County of San Francisco Page 299 Printed at 10:48 am on 5/8/19 ### [Page 7](https://sfbos.info/documents/580/2019-04-09-minutes#page-7) Board of Supervisors Meeting Minutes 4/9/2019 190289 [Multifamily Housing Revenue Notes - 691 China Basin Street (“691 China Basin Apartments”) - Not to Exceed $68,000,000] Sponsors: Mayor; Haney Resolution authorizing the execution 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: 11 - Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, Yee 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: 11 - Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, Yee 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: 11 - Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, Yee City and County of San Francisco Page 300 Printed at 10:48 am on 5/8/19 ### [Page 8](https://sfbos.info/documents/580/2019-04-09-minutes#page-8) Board of Supervisors Meeting Minutes 4/9/2019 Recommendations of the Land Use and Transportation Committee 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: 11 - Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, Yee PASSED ON FIRST READING AS AMENDED by the following vote: Ayes: 11 - Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, Yee 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: 11 - Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, Yee Recommendations of the Rules Committee 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: 11 - Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, Yee City and County of San Francisco Page 301 Printed at 10:48 am on 5/8/19 ### [Page 9](https://sfbos.info/documents/580/2019-04-09-minutes#page-9) 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: 10 - Brown, Fewer, Haney, Mandelman, Mar, Peskin, Safai, Stefani, Walton, Yee Excused: 1 - 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: 10 - Brown, Fewer, Haney, Mandelman, Mar, Peskin, Safai, Stefani, Walton, Yee Excused: 1 - 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: 11 - Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, Yee SPECIAL ORDER 2:30 P.M. - Recognition of Commendations Supervisor Yee, seconded by Supervisor Haney, moved to suspend Rule 5.36 of the Rules of Order of the Board of Supervisors to grant privilege of the floor to the following guests. Ayes: 11 - Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, Yee Supervisors Yee and Haney introduced, welcomed, and presented Certificates of Honor to Joanne Donohue, 9-1-1 Supervisor of the Year, and Charlie Caparas, 9-1-1 Dispatcher of the Year, within the Department of Emergency Management, in recognition of their accomplishments and continued community support. Mary Ellen Carroll, Director, Department of Emergency management, shared in the commendation. Appointment of President Pro Tempore At the request of President Yee, Supervisor Fewer assumed the chair at 4:20 p.m. The President resumed the chair at 4:33 p.m. City and County of San Francisco Page 302 Printed at 10:48 am on 5/8/19 ### [Page 10](https://sfbos.info/documents/580/2019-04-09-minutes#page-10) Board of Supervisors Meeting Minutes 4/9/2019 SPECIAL ORDER 3:00 P.M. President Yee requested File Nos. 190093, 190094, 190095, 190096, 190097, 190098, 190099, and 190100 be called together. Supervisor Safai Excused from Voting Supervisor Fewer, seconded by Supervisor Brown, moved that Supervisor Safai be excused from the deliberations and decision on the 1052-1060 Folsom Street and 190-194 Russ Street appeals (File Nos. 190093, 190094, 190095, 190096, 190097, 190098, 190099, and 190100). The motion carried by the following vote: Ayes: 10 - Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Stefani, Walton, Yee Excused: 1 - Safai 190093 [Hearing - Appeal of Determination of Community Plan Evaluation - 1052-1060 Folsom Street and 190-194 Russ Street] Hearing of persons interested in or objecting to a Community Plan Evaluation by the Planning Department under the California Environmental Quality Act issued on December 11, 2018, for the proposed project at 1052-1060 Folsom Street and 190-194 Russ Street, approved on December 20, 2018, to demolish the existing buildings on the project site, merge three lots into a single lot, and construct a new seven-story, approximately 64 feet and six inches tall, 59,000-gross-square-foot mixed use building with 63 dwelling units (four units designated as replacement for four existing rent-controlled units, 15 units would be designated as below market rate units, the remaining 44 dwelling units would be market rate), and approximately 2,800 square feet of ground floor retail use. (District 6) (Appellant: Sue Hestor, on behalf of the South of Market Community Action Network) (Filed January 22, 2019) (Clerk of the Board) President Yee opened the public hearing and inquired as to whether any individual wished to address the Board. Sue Hestor, Angelica Cabande and David Woo (South of Market Community Action Network), Steve Williams (Appellant) provided an overview of the appeal, responded to questions raised throughout the discussion, and further requested the Board to approve the appeal. Michael Wright; Heather Phillips (United Playaz); Jennifer Olano; Michael Ruiz; Carla Laurel; Rico Rividio; Betty Traynor (Senior and Disability Action); Kevin Clark; Tony Robles; Speaker; Rachel Ryan; Gina Schloesser; Kathy Lipscomb (Senior and Disability Action); Daniel Pilfer; Mary Jane Zambrano; Tiffany J. Basa; Leslie Valdez; Maggie Dong; Alia; Deja; Jasmine; David Babel; Irena Olejo; Speaker; Marie Sorenson (Calle 24); Julie Urbino; Ramon; Maria Masada; Rosa Chen (Committee for Better Park and Rec in Chinatown); Raymond Destillio; PJ Heng; Maverick Ruiz; EP Egate; Kimberly Bustos; Landra Chen; Lena Reyes; Jan Ruwen; Mary Roque; Dalia Ramos; Marie Valregard; Lourdes Villa Loba; Erica Montenowich; Mary; Katrina Liuanna; Speaker; Gene Olejo; Rachel Lastimosa (SoMa Filipinas); Orine Olmario; Gina Rosales; Kim Artesha; Robert Marquez; Otto Dufty; Speaker; David Hyman; Alexa Desuza; Cynthia Gomez; Ken; spoke in support of the appeal. Liz White, Kimberly Durandet, and Michael Lee, (Planning Department); Jon Givner (Office of the City Attorney); provided an overview of the decision of the Planning Department and responded to questions raised throughout the discussion. Alice Suet Yee Barkley (Duane Morris, LLP) (Project Sponsor) provided an overview of the project, responded to questions raised throughout the discussion, and further requested the Board to uphold the decision of the Planning Department. City and County of San Francisco Page 303 Printed at 10:48 am on 5/8/19 ### [Page 11](https://sfbos.info/documents/580/2019-04-09-minutes#page-11) Board of Supervisors Meeting Minutes 4/9/2019 Johnathan Moftakar; Mike Stack; Kevin McComb; John Bowman; George Nyquist; James Nero; Tim Colon (San Francisco Housing Action Coalition); Ed Deliske; Charles Turner; Xavier Arce; Brisa Camillo; Stephen Booth (Tenderloin Housing Clinic); Elizabeth Cavoy; Mauricio; Michael Lamolia; Speaker; spoke in support of the project and in opposition to the appeal. Steve Williams and Sue Hestor (Appellant); provided a rebuttal and further requested the Board to approve the appeal. There were no other speakers. President Yee closed public comment and declared the public hearing heard and filed. HEARD AND FILED 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: 8 - Brown, Fewer, Haney, Mandelman, Ronen, Stefani, Walton, Yee Noes: 2 - Mar, Peskin Excused: 1 - 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: 8 - Brown, Fewer, Haney, Mandelman, Ronen, Stefani, Walton, Yee Noes: 2 - Mar, Peskin Excused: 1 - 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: 8 - Brown, Fewer, Haney, Mandelman, Ronen, Stefani, Walton, Yee Noes: 2 - Mar, Peskin Excused: 1 - Safai City and County of San Francisco Page 304 Printed at 10:48 am on 5/8/19 ### [Page 12](https://sfbos.info/documents/580/2019-04-09-minutes#page-12) Board of Supervisors Meeting Minutes 4/9/2019 SPECIAL ORDER 3:00 P.M. 190097 [Hearing - Appeal of Conditional Use Authorization - Proposed Project at 1052-1060 Folsom Street and 190-194 Russ Street] Hearing of persons interested in or objecting to the certification of a Conditional Use Authorization pursuant to Planning Code, Sections 121.1, 121.7, 303, and 317, for a proposed project at 1052-1060 Folsom Street and 190-194 Russ Street, Assessor's Parcel Block No. 3731, Lot Nos. 021, 023, and 087, identified in Planning Case No. 2016.004905CUA, issued by the Planning Commission by Motion No. 20361, dated December 20, 2018, for the development of a lot greater than 10,000 square feet, merger of lots that result in a street frontage greater than 50 feet, and the demolition of four existing dwelling units for the project involving the demolition of five existing buildings, merger of three lots, and the construction of a seven-story mixed-use building containing 2,832 square feet of ground floor commercial retail use and 55,887 square feet of residential use for 63 dwelling units, and a ground floor garage with access from a new driveway on Russ Street, within the SoMa NCT (Neighborhood Commercial Transit) and RED (Residential, Enclave) Zoning Districts, and the SoMa Youth and Family Special Use District, a 65-X height and bulk district. (District 6) (Appellant: Sue Hestor, on behalf of the South of Market Community Action Network) (Filed January 22, 2019) (Clerk of the Board) President Yee opened the public hearing and inquired as to whether any individual wished to address the Board. Sue Hestor, Angelica Cabande and David Woo (South of Market Community Action Network), Steve Williams (Appellant) provided an overview of the appeal, responded to questions raised throughout the discussion, and further requested the Board to approve the appeal. Michael Wright; Heather Phillips (United Playaz); Jennifer Olano; Michael Ruiz; Carla Laurel; Rico Rividio; Betty Traynor (Senior and Disability Action); Kevin Clark; Tony Robles; Speaker; Rachel Ryan; Gina Schloesser; Kathy Lipscomb (Senior and Disability Action); Daniel Pilfer; Mary Jane Zambrano; Tiffany J. Basa; Leslie Valdez; Maggie Dong; Alia; Deja; Jasmine; David Babel; Irena Olejo; Speaker; Marie Sorenson (Calle 24); Julie Urbino; Ramon; Maria Masada; Rosa Chen (Committee for Better Park and Rec in Chinatown); Raymond Destillio; PJ Heng; Maverick Ruiz; EP Egate; Kimberly Bustos; Landra Chen; Lena Reyes; Jan Ruwen; Mary Roque; Dalia Ramos; Marie Valregard; Lourdes Villa Loba; Erica Montenowich; Mary; Katrina Liuanna; Speaker; Gene Olejo; Rachel Lastimosa (SoMa Filipinas); Orine Olmario; Gina Rosales; Kim Artesha; Robert Marquez; Otto Dufty; Speaker; David Hyman; Alexa Desuza; Cynthia Gomez; Ken; spoke in support of the appeal. Liz White, Kimberly Durandet, and Michael Lee, (Planning Department); Jon Givner (Office of the City Attorney); provided an overview of the decision of the Planning Department and responded to questions raised throughout the discussion. Alice Suet Yee Barkley (Duane Morris, LLP) (Project Sponsor) provided an overview of the project, responded to questions raised throughout the discussion, and further requested the Board to uphold the decision of the Planning Department. Johnathan Moftakar; Mike Stack; Kevin McComb; John Bowman; George Nyquist; James Nero; Tim Colon (San Francisco Housing Action Coalition); Ed Deliske; Charles Turner; Xavier Arce; Brisa Camillo; Stephen Booth (Tenderloin Housing Clinic); Elizabeth Cavoy; Mauricio; Michael Lamolia; Speaker; spoke in support of the project and in opposition to the appeal. Steve Williams and Sue Hestor (Appellant); provided a rebuttal and further requested the Board to approve the appeal. There were no other speakers. President Yee closed public comment and declared the public hearing heard and filed. HEARD AND FILED City and County of San Francisco Page 305 Printed at 10:48 am on 5/8/19 ### [Page 13](https://sfbos.info/documents/580/2019-04-09-minutes#page-13) Board of Supervisors Meeting Minutes 4/9/2019 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: 10 - Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Stefani, Walton, Yee Excused: 1 - 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: 10 - Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Stefani, Walton, Yee Excused: 1 - 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: 10 - Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Stefani, Walton, Yee Excused: 1 - Safai City and County of San Francisco Page 306 Printed at 10:48 am on 5/8/19 ### [Page 14](https://sfbos.info/documents/580/2019-04-09-minutes#page-14) Board of Supervisors Meeting Minutes 4/9/2019 COMMITTEE REPORTS Recommendations of the Government Audit and Oversight Committee 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: 11 - Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, Yee 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: 9 - Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Stefani, Walton, Yee Noes: 2 - Brown, Safai City and County of San Francisco Page 307 Printed at 10:48 am on 5/8/19 ### [Page 15](https://sfbos.info/documents/580/2019-04-09-minutes#page-15) Board of Supervisors Meeting Minutes 4/9/2019 190398 [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. 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: 11 - Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, Yee 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: 11 - Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, Yee ROLL CALL FOR INTRODUCTIONS See Legislation Introduced below. PUBLIC COMMENT Dr. Amos C. Brown; shared remarks commemorating the 400th anniversary of the Trans-Atlantic Slave trade. Michael Wright; shared concerns regarding housing solutions from other nearby jurisdictions. Krea Gomez (Young Women’s Freedom Center); shared concerns regarding the closure of the Juvenile Justice Center. Candy K. I.; shared concerns regarding the closure of the Juvenile Justice Center. R. Isner; shared concerns regarding the closure of the Juvenile Justice Center. Jason Boudin; shared concerns regarding the closure of the Juvenile Justice Center. Rebecca Young; shared concerns regarding the closure of the Juvenile Justice Center. Speaker; shared concerns regarding the closure of the Juvenile Justice Center. Lucero Herrera; shared concerns regarding the closure of the Juvenile Justice Center. Dan Daniels; shared concerns regarding the closure of the Juvenile Justice Center. Pastor Keva L. McNaill (Bethel Baptist Church); shared concerns regarding the closure of the Juvenile Justice Center. Mr. Saxon; expressed various concerns regarding public concerns along Fillmore Street. Reuben David Goodman; shared concerns regarding the history of the formation of the AFL-CIO. Otto Dutfy; shared concerns regarding rent stabilization across California. Hayden (Young Women’s Freedom Center); expressed various concerns regarding public concerns along Fillmore Street. Ken; shared various concerns on San Francisco neighborhood development. City and County of San Francisco Page 308 Printed at 10:48 am on 5/8/19 ### [Page 16](https://sfbos.info/documents/580/2019-04-09-minutes#page-16) Board of Supervisors Meeting Minutes 4/9/2019 SPECIAL ORDER 4:00 P.M. CLOSED SESSION CONFERENCE WITH CITY ATTORNEY - Existing Litigation 190374 [Closed Session - Existing Litigation - Pacific Gas and Electric Company - April 9, 2019] Closed session for the Board of Supervisors to convene on April 9, 2019, at 4:00 p.m., pursuant to California Government Code, Section 54956.9(a), and San Francisco Administrative Code, Section 67.10(d)(1), for the purpose of conferring with, or receiving advice from, the City Attorney regarding the following existing litigation in which the City is a petitioner and Pacific Gas & Electric Company is an adverse party: In re: PG&E Corporation and Pacific Gas & Electric Company, United States Bankruptcy Court, Northern District of California, Case No. 19-30088-DM, filed January 29, 2019; Federal Energy Regulatory Commission Case No. EL19-38-000, filed January 28, 2019; Federal Energy Regulatory Commission Case No. ER18-1482-000, filed April 30, 2018; Federal Energy Regulatory Commission Case No. ER18-1102-000, filed March 15, 2018; Federal Energy Regulatory Commission Case No. ER18-790-000, filed, February 2, 2018; Federal Energy Regulatory Commission Case No. ER18-768-000, filed January 31, 2018; Federal Energy Regulatory Commission Case No. ER18-198-000, filed October 31, 2017; Federal Energy Regulatory 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; 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 ### [Page 17](https://sfbos.info/documents/580/2019-04-09-minutes#page-17) 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: 10 - Brown, Fewer, Haney, Mandelman, Peskin, Ronen, Safai, Stefani, Walton, Yee Absent: 1 - 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: 8 - Fewer, Mandelman, Peskin, Ronen, Safai, Stefani, Walton, Yee Absent: 3 - Brown, Haney, Mar FOR ADOPTION WITHOUT COMMITTEE REFERENCE Supervisor Mar was noted absent at 8:16 p.m. and for the remainder of the meeting. 190362 [Supporting California State Assembly Bill No. 539 (Limón) - Fair Access to Credit Act] Sponsor: Brown Resolution supporting California State Assembly Bill No. 539, authored by Assembly Member Monique Limón and coauthored by Assembly Members Timothy Grayson, Cecelia Aguiar-Curry, Ash Kalra, James Ramos, Eloise Gómez Reyes, Mark Stone, and State Senators Maria Elena Durazo, Holly Mitchell, and Bob Wieckowski, to cap interest rates on consumer loans at 36% per annum plus the Federal Funds Rate for loans with a principal amount greater than $2,500 and lesser than $10,000. Resolution No. 173-19 ADOPTED City and County of San Francisco Page 310 Printed at 10:48 am on 5/8/19 ### [Page 18](https://sfbos.info/documents/580/2019-04-09-minutes#page-18) Board of Supervisors Meeting Minutes 4/9/2019 190367 [Requesting the San Francisco Public Utilities Commission to Report on Options for Improving Electric Service through Acquisition, Construction or Completion of Public Utility] Sponsors: Ronen; Peskin and Fewer Resolution determining that the public interest and necessity require changing the electric service provided in San Francisco; and requesting a report from the San Francisco Public Utilities Commission, under Charter, Section 16.101, on options for improving electric service in San Francisco through acquisition, construction or completion of public utility or utilities. Resolution No. 174-19 ADOPTED 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: 10 - Brown, Fewer, Haney, Mandelman, Peskin, Ronen, Safai, Stefani, Walton, Yee Absent: 1 - Mar IMPERATIVE AGENDA There were no imperative agenda items. City and County of San Francisco Page 311 Printed at 10:48 am on 5/8/19 ### [Page 19](https://sfbos.info/documents/580/2019-04-09-minutes#page-19) Board of Supervisors Meeting Minutes 4/9/2019 LEGISLATION INTRODUCED AT ROLL CALL Introduced by a Supervisor or the Mayor Pursuant to Charter, Section 2.105, an Ordinance or Resolution may be introduced before the Board of Supervisors by a Member of the Board, a Committee of the Board, or the Mayor and shall be referred to and reported upon by an appropriate Committee of the Board. ORDINANCES 190389 [Administrative Code - Castro Lesbian, Gay, Bisexual, Transgender, and Queer (LGBTQ) Cultural District] Sponsors: Mandelman; Brown and Ronen Ordinance amending the Administrative Code to establish the Castro Lesbian, Gay, Bisexual, Transgender, and Queer (LGBTQ) Cultural District in and around the Castro neighborhood; to require the Mayor’s Office of Housing and Community Development to submit written reports and recommendations to the Board of Supervisors and the Mayor describing the cultural attributes of the District and proposing strategies to acknowledge and preserve the cultural legacy of the District; and affirming the Planning Department’s determination under the California Environmental Quality Act. 04/09/19; ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 5/9/2019. 190237 [Plumbing Code - Placement and Minimum Size of Building Traps] Sponsor: Peskin Ordinance amending the Plumbing Code to add a requirement for the placement and minimum size of building traps; 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 upon final passage. (Building Inspection Commission) 02/27/19; RECEIVED FROM DEPARTMENT. 03/12/19; ASSIGNED UNDER 30 DAY RULE to Land Use and Transportation Committee, expires on 4/11/2019. 03/15/19; REFERRED TO DEPARTMENT. 04/09/19; SUBSTITUTED AND ASSIGNED to Land Use and Transportation Committee. 190391 [Administrative Code - Requirements for Mills Act Applications] Sponsor: Peskin Ordinance amending the Administrative Code to allow applications for Mills Act contracts for historic properties to be filed concurrently with applications for designation of the same properties; and affirming the Planning Department’s determination under the California Environmental Quality Act. 04/09/19; ASSIGNED UNDER 30 DAY RULE to Land Use and Transportation Committee, expires on 5/9/2019. City and County of San Francisco Page 312 Printed at 10:48 am on 5/8/19 ### [Page 20](https://sfbos.info/documents/580/2019-04-09-minutes#page-20) Board of Supervisors Meeting Minutes 4/9/2019 190392 [Administrative Code - Juvenile Hall Closure] Sponsors: Walton; Ronen, Haney, Mar, Peskin, Fewer, Brown and Safai Ordinance amending the Administrative Code to require the City to close Juvenile Hall by December 31, 2021, expand community-based alternatives to detention, and provide a rehabilitative, non-institutional place of detention, in a location approved by the Court; to establish a working group for the development of a Juvenile Hall closure plan, and to establish the Youth Justice Reinvestment Fund to support community-based alternatives to detention and also support the working group; 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. 04/09/19; ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 5/9/2019. RESOLUTIONS 190393 [Supporting California State Assembly Bill No. 857 (Chiu and Santiago) - Public Banking Act] Sponsors: Fewer; Walton, Brown, Ronen and Haney Resolution supporting California State Assembly Bill No. 857, the “Public Banking Act”, authored by Assembly Members David Chiu and Miguel Santiago, to allow local government to apply for a state banking charter to establish a public bank. 04/09/19; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 190394 [Supporting California State Assembly Bill No. 1605 (Ting, Bloom) - City and County of San Francisco: Crooked Street Reservation and Pricing Program] Sponsor: Stefani Resolution supporting California State Assembly Bill No. 1605, authored by Assembly Members Phil Ting and Richard Bloom, authorizing the City and County of San Francisco by ordinance to conduct a reservation and pricing program for vehicles that use the “Crooked Street” on Lombard Street between Leavenworth Street and Hyde Street. 04/09/19; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. MOTIONS 190348 [Committee of the Whole - Report of Assessment Costs - Sidewalk Inspection and Repair Program - May 7, 2019] Motion scheduling the Board of Supervisors to sit as a Committee of the Whole on May 7, 2019, at 4:00 p.m., to hold a public hearing on a Resolution approving a report of assessment costs submitted by the Director of Public Works for work done or caused to be done through the Sidewalk Inspection and Repair Program, pursuant to Public Works Code, Section 706.9, and Administrative Code, Chapter 80, the cost thereof having been paid for by the City and County out of a revolving fund. (Clerk of the Board) 04/09/19; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. City and County of San Francisco Page 313 Printed at 10:48 am on 5/8/19 ### [Page 21](https://sfbos.info/documents/580/2019-04-09-minutes#page-21) Board of Supervisors Meeting Minutes 4/9/2019 190351 [Committee of the Whole - Report of Assessment Costs - Accelerated Sidewalk Abatement Program - May 7, 2019] Motion scheduling the Board of Supervisors to sit as a Committee of the Whole on May 7, 2019, at 4:00 p.m., to hold a public hearing on a Resolution approving a report of assessment costs submitted by the Director of Public Works for inspection and/or repair of blighted properties ordered through the Accelerated Sidewalk Abatement Program, to be performed by said Director pursuant to Administrative Code, Chapter 80, the costs thereof having been paid for out of a blight abatement fund. (Clerk of the Board) 04/09/19; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. REQUESTS FOR HEARING 190395 [Hearing - Overhead Wires and Utilities] Sponsors: Fewer; Stefani Hearing to examine industry practices, policies, and protocols regarding the installation of new wiring, maintenance of existing wires, inspections of abandoned wiring, and the condition of utility poles; and requesting Pacific Gas and Electric, Comcast, AT&T, Public Works, and Public Utilities Commission to report. 04/09/19; RECEIVED AND ASSIGNED to Public Safety and Neighborhood Services Committee. 190396 [Hearing - City College of San Francisco Proposed Course Changes and Reductions] Sponsors: Haney; Mar Hearing on City College of San Francisco's proposed course changes and reductions; and requesting City College of San Francisco to report. 04/09/19; RECEIVED AND ASSIGNED to Joint City, School District, and City College Select Committee. 190397 [Hearing - Affordable Senior Housing] Sponsors: Yee; Peskin, Safai, Fewer and Mar Hearing to receive presentations on the City's affordable housing resources for seniors, including but not limited to, the existing portfolio, future projects, and analysis of present and future needs; and requesting the Mayor's Office of Housing and Community Development, Department of Aging and Adult Services, Department of Public Health, and the Capital Planning Committee to report. 04/09/19; RECEIVED AND ASSIGNED to Land Use and Transportation Committee. City and County of San Francisco Page 314 Printed at 10:48 am on 5/8/19 ### [Page 22](https://sfbos.info/documents/580/2019-04-09-minutes#page-22) Board of Supervisors Meeting Minutes 4/9/2019 Introduced at the Request of a Department Pursuant to Rules of Order of the Board of Supervisors, Section 2.7.1, Department Heads may submit proposed legislation to the Clerk of the Board, in which case titles of the legislation will be printed at the rear of the next available agenda of the Board. PROPOSED ORDINANCES 190342 [Settlement of Lawsuit - Alyx Cronin - $67,000] Ordinance authorizing settlement of the lawsuit filed by Alyx Cronin against the City and County of San Francisco for $67,000; the lawsuit was filed on June 8, 2018, in San Francisco Superior Court, Case No. CGC-18-567064; entitled Alyx Cronin v. The City and County of San Francisco, et al.; the lawsuit involves alleged personal injury from a vehicle collision. (City Attorney) 03/29/19; RECEIVED FROM DEPARTMENT. 04/09/19; RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. 190343 [Settlement of Lawsuit - Timothy Doyle - $75,000] Ordinance authorizing settlement of the lawsuit filed by Timothy Doyle against the City and County of San Francisco for $75,000; the lawsuit was filed on December 13, 2016, in San Francisco Superior Court, Case No. CGC-16-555897; entitled Timothy Doyle v. City and County of San Francisco, et al.; the lawsuit involves alleged personal injury from a vehicle collision. (City Attorney) 03/29/19; RECEIVED FROM DEPARTMENT. 04/09/19; RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. 190344 [Settlement of Lawsuit - Tyler Francis O’Connor - $125,000] Ordinance authorizing settlement of the lawsuit filed by Tyler Francis O’Connor against the City and County of San Francisco for $125,000; the lawsuit was filed on May 17, 2017, in San Francisco Superior Court, Case No. CGC-17-558989; entitled Tyler Francis O’Connor v. City and County of San Francisco; the lawsuit involves alleged personal injury from vehicle collision. (City Attorney) 03/29/19; RECEIVED FROM DEPARTMENT. 04/09/19; RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. 190345 [Settlement of Lawsuit - Fidelia del Carmen May Can, Rosana Guadalupe Gongora May, Luis Rodolfo Gongora May, and Angel de Jesus May - $140,000] Ordinance authorizing settlement of the lawsuit filed by Fidelia del Carmen May Can, Rosana Guadalupe Gongora May, Luis Rodolfo Gongora May, and Angel de Jesus May against the City and County of San Francisco for $140,000; the lawsuit was filed on October 11, 2016, in United States District Court, Case No. 16-cv-05771; entitled Fidelia del Carmen May Can, et al. v. City and County of San Francisco, et al.; the lawsuit involves alleged civil rights violation. (City Attorney) 03/29/19; RECEIVED FROM DEPARTMENT. 04/09/19; RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. City and County of San Francisco Page 315 Printed at 10:48 am on 5/8/19 ### [Page 23](https://sfbos.info/documents/580/2019-04-09-minutes#page-23) Board of Supervisors Meeting Minutes 4/9/2019 PROPOSED RESOLUTIONS 190347 [Memorandum of Agreement - United States Department of the Interior, National Park Service - Management of Watersheds Supplying San Francisco Regional Water System - Not to Exceed $33,257,629] Resolution authorizing the General Manager of the San Francisco Public Utilities Commission to execute a Memorandum of Agreement with the United States Department of the Interior, National Park Service, Yosemite National Park, for comprehensive management of watersheds supplying the San Francisco Regional Water System for an amount not to exceed $33,257,629 and a total term of four years from July 1, 2020, through June 30, 2024, pursuant to Charter, Section 9.118. (Public Utilities Commission) (Fiscal Impact) 03/29/19; RECEIVED FROM DEPARTMENT. 04/09/19; RECEIVED AND ASSIGNED to Budget and Finance Sub-Committee. 190350 [Report of Assessment Costs - Sidewalk Inspection and Repair Program] Resolution approving report of assessment costs submitted by the Director of Public Works for sidewalk and curb repairs through the Sidewalk Inspection and Repair Program, ordered to be performed by said Director pursuant to the provisions of Public Works Code, Section 706.9, and Administrative Code, Section 80, the costs thereof having been paid for out of a revolving fund. (Public Works) 04/01/19; RECEIVED FROM DEPARTMENT. 04/09/19; RECEIVED AND ASSIGNED to Board of Supervisors. 190353 [Report of Assessment Costs - Accelerated Sidewalk Abatement Program] Resolution approving report of assessment costs submitted by the Director of Public Works for inspection and/or repair of blighted properties ordered through the Accelerated Sidewalk Abatement Program, ordered to be performed by said Director pursuant to the provisions of Administrative Code, Chapter 80, the costs thereof having been paid for out of a blight abatement fund. (Public Works) 04/01/19; RECEIVED FROM DEPARTMENT. 04/09/19; RECEIVED AND ASSIGNED to Board of Supervisors. In Memoriams Rabbi Lawrence Raphael - Supervisor Stefani Reverend Dr. Frederick Dennis Hubbard - Supervisor Brown Corrine Woods - Supervisor Haney City and County of San Francisco Page 316 Printed at 10:48 am on 5/8/19 ### [Page 24](https://sfbos.info/documents/580/2019-04-09-minutes#page-24) Board of Supervisors Meeting Minutes 4/9/2019 ADJOURNMENT There being no further business, the Board adjourned at the hour 9:02 p.m. N.B. The Minutes of this meeting set forth all actions taken by the Board of Supervisors on the matters stated, but not necessarily the chronological sequence in which the matters were taken up. Approved by the Board of Supervisors on May 14, 2019. Angela Calvillo, Clerk of the Board City and County of San Francisco Page 317 Printed at 10:48 am on 5/8/19