Board of Supervisors Minutes: April 16, 2019

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) Ordinance No. 076-19 FINALLY PASSED The foregoing items were acted upon by the following vote:

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

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. Ordinance No. 074-19 FINALLY PASSED by the following vote:

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

190309 [Appropriating $398,561 in Fire Service Fees - De-Appropriation and Re-Appropriation - Expenditures of $5,750,492 - Supporting Increased Overtime and Professional Services Expenditures - FY2018-2019] Sponsor: Mayor Ordinance appropriating $398,561 to overtime in the Fire Department, de-appropriating $5,750,492 from permanent salaries, mandatory fringe benefits, and capital projects, and appropriating $5,750,492 to overtime and professional services in the Sheriff’s Department, and to overtime in the San Francisco Public Utilities Commission, in order to support the Departments’ projected increases in overtime as required per Administrative Code, Section 3.17; this Ordinance requires a two-thirds vote of all members of the Board of Supervisors for the Sheriff’s Department appropriations approval, pursuant to Charter, Section 9.113(c). (Pursuant to Charter, Section 9.113(c), this matter shall require a vote of two-thirds (8 votes) of all members of the Board of Supervisors to approve such appropriation ordinance for passage.) (Fiscal Impact) PASSED ON FIRST READING by the following vote:

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

190252 [Five-Year Information and Communication Technology Plan - FYs 2020-2024] Sponsor: Mayor Resolution adopting the City’s five-year information and communication technology plan for FYs 2020-2024 pursuant to Administrative Code, Section 22A.6. Resolution No. 184-19 ADOPTED by the following vote:

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

190313 [Five-Year Financial Plan - FYs 2019-2024] Sponsor: Mayor Resolution adopting the City’s Five-Year Financial Plan for FYs 2019-2020 through 2023-2024 pursuant to Charter, Section 9.119. Resolution No. 188-19 ADOPTED by the following vote:

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

181212 [Administrative, Business and Tax Regulations Codes - Nonprofit Organizations’ First-Right-to-Purchase Multi-Family Residential Buildings] Sponsors: Fewer; Ronen, Haney, Mar, Walton, Safai, Peskin, Mandelman, Brown, Yee and Stefani Ordinance amending the Administrative Code to confer upon certain nonprofit organizations a first-right-to-purchase, consisting of both a right of first offer and a right of first refusal, over all multi-family residential buildings (and related construction sites and vacant lots) in the City, for the purpose of creating and preserving rent-restricted affordable rental housing, and to establish related procedures for the selection of such nonprofits, the preservation of rent-restricted affordable housing, and other implementation and enforcement; amending the Business and Tax Regulations Code to exempt rent-restricted affordable housing created under this ordinance from increased rates of transfer tax; and affirming the Planning Department’s determination under the California Environmental Quality Act. PASSED ON FIRST READING by the following vote:

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

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

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

PASSED ON FIRST READING by the following vote:

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

190245 [Waiver of Banner Fee - Retroactive - Office of Economic and Workforce Development - Shop & Dine in the 49 Campaign] Sponsors: Mayor; Brown Ordinance retroactively waiving the banner fees under Public Works Code, Section 184.78, for the placement of up to 300 banners per year, for three years, by the Office of Economic and Workforce Development to publicize the City’s “Shop & Dine in the 49” campaign, beginning on November 20, 2018; and affirming the Planning Department’s determination under the California Environmental Quality Act. PASSED ON FIRST READING by the following vote:

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

190105 [Agreement Amendment - Community Awareness and Treatment Services - Behavioral Health Fiscal Intermediary Services - Not to Exceed $23,186,920] Resolution approving Amendment No. 1 to the agreement between Community Awareness and Treatment Services and the Department of Public Health for behavioral health services, to increase the agreement amount by $14,363,136 for an amount not to exceed $23,186,920; and to extend the term by three years, from June 30, 2019, for a total agreement term of July 1, 2017, through June 30, 2022. (Public Health Department) (Fiscal Impact) Resolution No. 176-19 ADOPTED by the following vote:

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

190191 [Lease Agreement - Hudson Group (HG) Retail, LLC, RDJ Enterprises, LLC, and Stewart Manhattan Investments, Inc., a JV dba HG SFO Retailers 2017 JV - Boarding Area C Retail Concession Lease No. 1 - Lease No. 18-0367 - $1,800,000 Minimum Annual Guarantee] Resolution approving the Boarding Area C Retail Concession Lease No. 1 - Lease No.18-0367, between Hudson Group (HG) Retail, LLC, RDJ Enterprises, LLC, and Stewart Manhattan Investments, Inc., a Joint Venture dba HG SFO Retailers 2017 JV, as joint tenants, and the City and County of San Francisco, acting by and through its Airport Commission, for a term of seven years with two one-year options to extend, and a minimum annual guarantee of $1,800,000 for the first year of the Lease, to commence upon Board approval. (Airport Commission) Resolution No. 177-19 ADOPTED by the following vote:

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

190204 [Lease Agreement - The Marshall Retail Group, LLC - Boarding Area C Retail Concession Lease 2 - Lease No.18-0368 - $600,000 Minimum Annual Guarantee] Resolution approving the Boarding Area C Retail Concession Lease 2 - Lease No. 18-0368, between The Marshall Retail Group, LLC, and the City and County of San Francisco, acting by and through its Airport Commission, for a term of seven years with two one-year options to extend, and a minimum annual guarantee of $600,000 for the first year of the Lease, to commence following Board approval. (Airport Commission) Resolution No. 178-19 ADOPTED by the following vote:

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

190226 [Accept and Expend Grant - Retroactive - California Department of Insurance - Workers’ Compensation Insurance Fraud Program - $801,148] Sponsor: Stefani Resolution retroactively authorizing the Office of the District Attorney to accept and expend a grant in the amount of $801,148 from the California Department of Insurance for the Workers’ Compensation Insurance Fraud Program for the grant period of July 1, 2018, through June 30, 2019. (District Attorney) Resolution No. 180-19 ADOPTED by the following vote:

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

190227 [Accept and Expend Grant - Retroactive - California Department of Insurance - Automobile Insurance Fraud Program - $298,336] Sponsor: Stefani Resolution retroactively authorizing the Office of the District Attorney to accept and expend a grant in the amount of $298,336 from the California Department of Insurance for the Automobile Insurance Fraud Program for the grant period of July 1, 2018, through June 30, 2019. (District Attorney) Resolution No. 181-19 ADOPTED by the following vote:

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

190228 [Accept and Expend Grant - Retroactive - California Governor’s Office of Emergency Services - Victim Witness Assistance Program - $1,549,288] Sponsor: Stefani Resolution retroactively authorizing the Office of the District Attorney to accept and expend a grant in the amount of $1,549,288 from the California Governor’s Office of Emergency Services for the Victim Witness Assistance Program for the grant period of October 1, 2018, through September 30, 2019. (District Attorney) Resolution No. 182-19 ADOPTED by the following vote:

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

190290 [Accept and Expend In-Kind Gift - Retroactive - City Innovate - Consulting Services - Total Value of Services $125,000] Sponsor: Mayor Resolution retroactively authorizing the Department of Technology to accept an in-kind gift of consulting services from City Innovate for a five-year term from October 9, 2018, through October 8, 2023, for a total value of $125,000. (Department of Technology) Privilege of the floor was granted unanimously to Brian Roberts (Department of Technology) who responded to questions raised throughout the discussion. Resolution No. 185-19 ADOPTED by the following vote:

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

190291 [Accept and Expend Grant - Retroactive - California Department of Health Care Services - Homeless Mentally Ill Outreach and Treatment Grant - $3,179,000] Sponsors: Mayor; Mandelman and Stefani Resolution retroactively authorizing the Department of Public Health to accept and expend a grant in the total amount of $3,179,000 from the California Department of Health Care Services to participate in a program, entitled “Homeless Mentally Ill Outreach and Treatment,” for the period of January 1, 2019, through June 30, 2020, and waiving indirect costs. (Public Health Department) Privilege of the floor was granted unanimously to Joshua Nossiter (Department of Public Health) and Sophia Kittler (Office of Mayor Breed), who responded to questions raised throughout the discussion. Resolution No. 186-19 ADOPTED by the following vote:

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

190292 [Accept and Expend Grant - Retroactive - California Department of Public Health - California Perinatal Equity Initiative Grant - $402,768] Sponsors: Mayor; Walton Resolution retroactively authorizing the Department of Public Health to accept and expend a grant in the total amount of $402,768 from the California Department of Public Health to participate in a program, entitled “California Perinatal Equity Initiative,” for the period of December 1, 2018, through September 30, 2019, and waiving indirect costs. (Public Health Department) Privilege of the floor was granted unanimously to Joshua Nossiter (Department of Public Health) and Sophia Kittler (Office of Mayor Breed), who responded to questions raised throughout the discussion. Resolution No. 187-19 ADOPTED by the following vote:

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

nd related documents to the California Debt Limit Allocation Committee (“CDLAC”) to permit the issuance of residential mortgage revenue bonds in an aggregate principal amount not to exceed $77,000,000 for Sunnydale Block 6 with a current address of 242 Hahn Street; authorizing and directing the Director to direct the Controller’s Office to hold in trust an amount not to exceed $100,000 in accordance with CDLAC procedures; authorizing the Director to certify to CDLAC that the City has on deposit the required amount; authorizing the Director to pay an amount equal to such deposit to the State of California if the City fails to issue the residential mortgage revenue bonds; approving, for purposes of the Internal Revenue Code of 1986, as amended, the issuance and sale of residential mortgage revenue bonds by the City in an aggregate principal amount not to exceed $77,000,000; authorizing and directing the execution of any documents necessary to implement this Resolution, as defined herein; and ratifying and approving any action heretofore taken in connection with the Project, as defined herein, and the Application, as defined herein. Resolution No. 189-19 ADOPTED by the following vote:

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

190315 [Loan Agreement - Sunnydale HOPE SF - Not to Exceed $28,478,891] Sponsors: Mayor; Walton Resolution approving and authorizing the Director of the Mayor’s Office of Housing and Community Development to execute an Amended and Restated Loan Agreement with Sunnydale Infrastructure LLC, a California limited liability company, for a total loan amount not to exceed $28,478,891 to finance the first phase of infrastructure improvements and housing development related to the revitalization and master development of up to 1770 units of replacement public housing, affordable housing, and market rate housing, commonly known as the Sunnydale HOPE SF Development (“Sunnydale Project”); and adopting findings that the loan agreement is consistent with the adopted Mitigation Monitoring and Reporting Program under the California Environmental Quality Act, the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Fiscal Impact) Resolution No. 190-19 ADOPTED by the following vote:

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

190316 [Lease Termination Agreement - Tad’s, Inc. - 44 Ellis Street] Sponsor: Mayor Resolution authorizing the Municipal Transportation Agency to terminate the lease agreement with Tad’s Inc. for retail space located at 44 Ellis Street in the Ellis-O’Farrell Garage. (Municipal Transportation Agency) (Fiscal Impact) Resolution No. 191-19 ADOPTED by the following vote:

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

190317 [Lease Agreement - Tad’s, Inc. - 44 Ellis Street - Annual Base Rent of $5,317,024] Sponsor: Mayor Resolution authorizing the Municipal Transportation Agency to execute a retail lease agreement with Tad’s, Inc., for approximately 5,368 square feet of retail space at 44 Ellis Street, for a ten-year term, to commence upon approval by the Board of Supervisors, plus two five-year extension options, at a total rent over the initial ten-year term of $5,317,024. (Municipal Transportation Agency) Resolution No. 192-19 ADOPTED by the following vote:

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

190207 [CalSAWS Consortium - Creation of a 58-County Joint Powers Authority - Memorandum of Understanding] Resolution approving the creation of a 58-county Joint Powers Authority to be known as CalSAWS Consortium, and approving the Memorandum of Understanding between the CalSAWS Consortium and the City and County of San Francisco. (Human Services Agency) (Fiscal Impact) Resolution No. 179-19 ADOPTED by the following vote:

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

190230 [Interim Zoning Controls - Conditional Use Authorization for Conversion of Child Care Facilities to Other Uses] Sponsors: Yee; Mar, Fewer and Ronen Resolution imposing interim zoning controls for 18 months to require a Conditional Use authorization and specified findings for a proposed change of use from a Child Care Facility to another use; 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. Supervisor Ronen requested to be added as a co-sponsor. Resolution No. 183-19 ADOPTED by the following vote:

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

190202 [Appointments, Immigrant Rights Commission - Jessy Ruiz Navarro, Haregu Gaime, Ryan Khojasteh, Amro Radwan, Elahe Enssani, and Paul Monge] Motion appointing Jessy Ruiz Navarro, Haregu Gaime (residency requirement waived), Ryan Khojasteh, Amro Radwan (residency requirement waived), and Elahe Enssani, terms ending June 6, 2020, and Paul Monge, term ending June 6, 2021, to the Immigrant Rights Commission. (Rules Committee) Motion No. M19-069 APPROVED by the following vote:

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

Absent: Walton

190377 [Appointment, Park, Recreation, and Open Space Advisory Committee - Ieeshea Romero] Motion appointing Ieeshea Romero, term ending February 1, 2020, to the Park, Recreation and Open Space Advisory Committee. (Rules Committee) Motion No. M19-070 APPROVED by the following vote:

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

Absent: Walton

190379 [Appointments, Single Room Occupancy Task Force - Randall Sloan, Suresh Patel, Shanita Gardner, Dion Roberts, Juan Alejandro Garcia, Clifford Gilmore, Angela Chu, Raul Fernandez-Berriozabal, and Jordan Davis] Motion appointing Randall Sloan, Suresh Patel, Shanita Gardner (residency requirement waived), Dion Roberts, Juan Alejandro Garcia (residency requirement waived), Clifford Gilmore (residency waiver required), Angela Chu, Raul Fernandez-Berriozabal, and Jordan Davis, for indefinite terms, to the Single Room Occupancy (SRO) Task Force. (Rules Committee) Motion No. M19-071 APPROVED by the following vote:

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

Absent: Walton

190276 [Affirming the Categorical Exemption Determination - 3620 Buchanan Street] Motion affirming the determination by the Planning Department that the proposed project at 3620 Buchanan Street is categorically exempt from further environmental review. (Clerk of the Board) Motion No. M19-072 Supervisor Stefani, seconded by Supervisor Walton, moved that this Motion be APPROVED. The motion carried by the following vote:

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

190277 [Conditionally Reversing the Categorical Exemption Determination - 3620 Buchanan Street] Motion conditionally reversing the determination by the Planning Department that the proposed project at 3620 Buchanan Street is categorically exempt from further environmental review, subject to the adoption of written findings of the Board in support of this determination. (Clerk of the Board) Supervisor Stefani, seconded by Supervisor Walton, moved that this Motion be TABLED. The motion carried by the following vote:

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

190278 [Preparation of Findings to Reverse the Categorical Exemption Determination - 3620 Buchanan Street] Motion directing the Clerk of the Board to prepare findings reversing the determination by the Planning Department that the proposed project at 3620 Buchanan Street is categorically exempt from further environmental review. (Clerk of the Board) Supervisor Stefani, seconded by Supervisor Walton, moved that this Motion be TABLED. The motion carried by the following vote:

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

on April 2, 2019. (Clerk of the Board) President Yee inquired as to whether any member of the public wished to address the Board regarding the closed session. Michael Wright; spoke on various concerns related to the closed session hearing. The President declared public comment closed. CONVENED IN CLOSED SESSION The Board recessed at the hour of 4:05 p.m. to convene in closed session pursuant to Motion No. M19-061 (File No. 190339), approved on April 2, 2019. The following Supervisors were noted present: Supervisors Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, Yee Persons in attendance: Jon Givner, Deputy City Attorneys (Office of the City Attorney); Carol Isen, Micki Callahan, Director (Department of Human Resources); Lawanna Preston,; 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 4:41 p.m. Supervisor Ronen, seconded by Supervisor Fewer, moved that this Closed Session Hearing be HEARD AND FILED. The motion carried by the following vote:

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

[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 Mandelman, moved not to disclose the Closed Session deliberations. The motion carried by the following vote:

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

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) Motion No. M19-074 APPROVED The foregoing items were acted upon by the following vote:

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

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. Supervisors Brown, Ronen, and Haney requested to be added as co-sponsors. Resolution No. 196-19 ADOPTED by the following vote:

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