Board of Supervisors Minutes: April 23, 2019

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. Ordinance No. 080-19 FINALLY PASSED The foregoing items were acted upon by the following vote:

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

Noes: None

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) Ordinance No. 081-19 FINALLY PASSED by the following vote:

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

Noes: None

190253 [Ten-Year Capital Expenditure Plan - FYs 2020-2029] Sponsor: Mayor Resolution adopting the City's ten-year capital expenditure plan for FYs 2020-2029, pursuant to Administrative Code, Section 3.20. Supervisor Fewer, seconded by Supervisor Safai, moved that this Resolution be CONTINUED to the Board of Supervisors meeting of April 30, 2019. The motion carried by the following vote:

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

Noes: None

190331 [Contract Agreement - American Water Resources - Residential Water Service and Sewer Lateral Service Line Protection Program - Anticipated Revenue of $1,000,000] Resolution authorizing the General Manager of the San Francisco Public Utilities Commission (SFPUC) to execute Agreement No. PRO.0086, Residential Water Service and Sewer Lateral Service Line Protection Program with American Water Resources (AWR); authorizing AWR to market a voluntary water service and sewer lateral insurance program to SFPUC residential customers in San Francisco in exchange for payment of $3.61 per month to SFPUC for each enrolled customer, for a term of four years to commence upon Board approval and anticipated revenue of $1,000,000 or more to SFPUC, subject to approval by the Board of Supervisors under Charter, Section 9.118(a). (Public Utilities Commission) Resolution No. 202-19 ADOPTED by the following vote:

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

Noes: None

190332 [Emergency Declaration - Repair Transmission Line - Big Creek Shaft Road - Groveland, California - Total Estimated Cost Not to Exceed $400,000] Resolution approving an emergency declaration of the San Francisco Public Utilities Commission pursuant to Administrative Code, Section 6.60, to repair Hetch Hetchy Water and Power’s 230kV transmission line near Big Creek Shaft Road near Groveland, California, for a total estimated cost not to exceed $400,000. (Public Utilities Commission) (Fiscal Impact) Resolution No. 203-19 ADOPTED by the following vote:

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

Noes: None

en Gate Petroleum - Citywide Renewable Diesel - Not to Exceed $45,000,000] Resolution retroactively authorizing the Office of Contract Administration to enter into a multi-year contract, pursuant to Charter, Section 9.118(b), with Golden Gate Petroleum, to supply the City Departments with Renewable Diesel for a three-year term of April 1, 2019, through March 31, 2022, in an amount not to exceed $45,000,000 with two one-year options to extend, and require Board of Supervisors approval of each one-year contract extension that increases the contract amount by at least $500,000, and authorization to increase the total not-to-exceed amount to $60,000,000 upon exercising the first option and $75,000,000 upon exercising the second option, conditional on future Board of Supervisors approval. (Office of Contract Administration) (Fiscal Impact) Privilege of the floor was granted unanimously to Alaric Degrafinried (Office of Contract Administration) who responded to questions raised throughout the discussion, and agreed that the Department would provide an annual report to the Board of Supervisors with a list of applicable City Departments. Resolution No. 204-19 ADOPTED by the following vote:

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

Noes: None

190335 [Contract Amendment - Ferrara Fire Apparatus, Inc. - Equipment Purchase - Not to Exceed $15,000,000] Resolution approving Modification No. 2 to the contract between the Office of Contract Administration and Ferrara Fire Apparatus, Inc. to purchase equipment for the Fire Department; to increase the amount by $5,500,000 for a total not to exceed amount of $15,000,000; and to extend the term by two years to commence August 26, 2019, for a total contract term of August 26, 2016, through August 25, 2021. (Office of Contract Administration) (Fiscal Impact) Resolution No. 205-19 ADOPTED by the following vote:

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

Noes: None

190360 [Accept and Expend Gift - Richard and Bonnie Green Bequest - Laguna Honda Gift Fund - $200,000] Sponsors: Mayor; Yee Resolution authorizing the Department of Public Health to accept and expend a monetary gift in the amount of $200,000 from the Richard and Bonnie Green Survivor’s Trust to the Laguna Honda Gift Fund, to support resident care programs, for the period of July 1, 2019, through June 30, 2029. (Public Health Department) Resolution No. 206-19 ADOPTED by the following vote:

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

Noes: None

190141 [Administrative Code - Programs for the Vehicular Homeless] Sponsors: Brown; Safai, Fewer, Stefani, Mandelman, Haney, Mar, Ronen, Walton and Yee Ordinance amending the Administrative Code to require the Department of Homelessness and Supportive Housing (“HSH”) to establish a Safe Overnight Parking Pilot Program to provide eligible vehicularly homeless persons a place to park and sleep in their vehicles overnight, case management, and other services; require HSH to collaborate with the Municipal Transportation Agency (“MTA”) to develop an On-Street Parking Citation and Tow- and-Storage-Fee Abatement Program to provide eligible vehicularly homeless persons with waivers of parking fines and fees; and affirming the Planning Department’s determination under the California Environmental Quality Act. Supervisor Yee requested to be added as a co-sponsor. PASSED ON FIRST READING by the following vote:

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

Noes: None

190359 [Approve Project List - California State Senate Bill 1 Local Streets and Road Program - Road Maintenance and Rehabilitation Account Funds] Sponsor: Mayor Resolution approving the list of projects to be funded by FY2019-2020 Road Maintenance and Rehabilitation Account funds as established by California State Senate Bill 1, the Road Repair and Accountability Act of 2017. (Public Works) Resolution No. 193-19 ADOPTED by the following vote:

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

Noes: None

190364 [Bi-Annual Housing Balance Report No. 8] Sponsor: Mar Resolution receiving and approving the bi-annual Housing Balance Report No. 8, dated April 1, 2019, submitted as required by Planning Code, Section 103. (Planning Department) ADOPTED by the following vote:

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

Noes: None

further discussion. The motion carried by the following vote:

Ayes: Brown, Fewer, Haney Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, Yee, Privilege of the floor was granted unanimously to Sophia Kittler (Mayor's Office); and Amy Chan

Noes: None

(Mayor's Office of Housing and Community Development) who responded to questions raised throughout the discussion and agreed that the Department will include the strategies for achieving and maintaining a housing balance and the amount of funding needed to meet the required minimum 33% if the balance falls below the threshold as a supplemental to the report going forward. Resolution No. 207-19 ADOPTED by the following vote:

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

Noes: None

190088 [Liquor License Transfer - 4800 California Street - On the Run Market] Resolution determining that the transfer of a Type-21 off-sale general beer, wine, and distilled spirits liquor license to Mazen Gaber Gad, doing business as On the Run Market, located at 4800 California Street (District 1), will serve the public convenience or necessity of the City and County of San Francisco, in accordance with California Business and Professions Code, Section 23958.4; and requesting that the California Department of Alcoholic Beverage Control impose conditions on the issuance of the license. (Public Safety and Neighborhood Services Committee) Resolution No. 199-19 ADOPTED by the following vote:

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

Noes: None

190195 [Liquor License - 1 Grant Avenue - Museum of Ice Cream] Resolution determining that the issuance of a Type-42 on-sale beer and wine public premises liquor license to 1and8 Inc., doing business as the Museum of Ice Cream, located on the mezzanine level of 1 Grant Avenue (District 3), will not serve the public convenience or necessity of the City and County of San Francisco; and requesting that the California Department of Alcoholic Beverage Control deny the issuance of the license, in accordance with California Business and Professions Code, Section 23958.4. (Public Safety and Neighborhood Services Committee) Resolution No. 200-19 ADOPTED by the following vote:

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

Noes: None

190221 [Supporting California State Assembly Bill No. 362 (Eggman, Wiener, Friedman, Chiu, Wood) - Three-Year Pilot Program for Supervised Drug Consumption] Sponsors: Haney; Walton, Ronen, Brown and Mandelman Resolution supporting California State Assembly Bill No. 362, introduced by Assembly Member Susan Eggman, authored by Senator Scott Wiener and co-authored by Assembly Member Laura Friedman, creating a three-year pilot program allowing San Francisco to implement an overdose prevention program through the operation of overdose prevention sites. Supervisor Haney, seconded by Supervisor Mandelman, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE, on Page 1, Line 1, by adding ‘Chiu, Wood’, and Line 5, by adding ‘David Chiu, and Jim Wood’; and Page 2, Line 6, by adding ‘David Chiu, and Jim Wood’. The motion carried by the following vote:

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

Noes: None

Resolution supporting California State Assembly Bill No. 362, introduced by Assembly Member Susan Eggman, authored by Senator Scott Wiener and co-authored by Assembly Member Laura Friedman, David Chiu, and Jim Wood, creating a three-year pilot program allowing San Francisco to implement an overdose prevention program through the operation of overdose prevention sites. Resolution No. 201-19 ADOPTED AS AMENDED by the following vote:

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

Noes: None

190326 [Mayoral Appointment, Public Utilities Commission - Tim Paulson] Motion approving the Mayor's appointment of Tim Paulson to the Public Utilities Commission, for a term ending August 1, 2020. (Clerk of the Board) Motion No. M19-075 APPROVED by the following vote:

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

Noes: None

190327 [Mayoral Appointment, Public Utilities Commission - Sophie Maxwell] Motion approving the Mayor's appointment of Sophie Maxwell to the Public Utilities Commission, for a term ending August 1, 2022. (Clerk of the Board) Motion No. M19-076 APPROVED by the following vote:

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

Noes: None

190376 [Appointment, Eastern Neighborhoods Citizens Advisory Committee - Jane Weil] Motion appointing Jane Weil, term ending October 19, 2019, to the Eastern Neighborhoods Citizens Advisory Committee. (Rules Committee) Motion No. M19-077 APPROVED by the following vote:

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

Noes: None

190390 [Appointment, Child Care Planning and Advisory Council - Patricia Sullivan] Motion appointing Patricia Sullivan, term ending March 19, 2022, to the Child Care Planning and Advisory Council. (Rules Committee) Motion No. M19-078 APPROVED by the following vote:

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

Noes: None

190323 [Settlement of Lawsuit - Webcor Construction, L.P. and Keenan Hopkins Suder & Stowell Contractors, Inc. - $9,750,000] Ordinance authorizing settlement of the lawsuit filed by Webcor Construction, L.P. (“Webcor”) against the City and County of San Francisco for $9,750,000; the action against the City and County of San Francisco was filed on August 15, 2017, in Superior Court of California, County of San Francisco, Case No. CGC-16-555423, entitled Keenan Hopkins Suder & Stowell Contractors, Inc. vs. Webcor Construction LP et al.; the lawsuit involves an alleged failure to provide complete and accurate designs under the terms of a construction contract related to the San Francisco General Hospital Rebuild Program; material terms of the settlement are that the City will pay Keenan Hopkins Suder & Stowell Contractors, Inc. (“Keenan”) $9,750,000 and Webcor will pay Keenan $5,500,000. (City Attorney) PASSED ON FIRST READING by the following vote:

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

Noes: None

190361 [Petitions for City Parcels - Renew and Expand the Proposed Civic Center Community Benefit District] Sponsors: Mayor; Haney and Brown Resolution authorizing the Mayor to sign petitions in the affirmative for the proposed renewal and expansion of a property and business improvement district to be named the Civic Center Community Benefit District, with respect to certain parcels of real property owned by the City that would be subject to assessment in said district. (Fiscal Impact) Resolution No. 194-19 ADOPTED by the following vote:

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

Noes: None

190363 [Resolution of Intention - Renewal and Expansion - North of Market/Tenderloin Community Benefit District] Sponsor: Haney Resolution declaring the intention of the Board of Supervisors to renew and expand a property-based business improvement district known as the “North of Market/Tenderloin Community Benefit District” and levy a multi-year assessment on all parcels in the district; approving the management district plan and engineer’s report and proposed boundaries map for the district; ordering and setting a time and place for a public hearing of the Board of Supervisors, sitting as a Committee of the Whole, on June 25, 2019, at 3:00 p.m.; approving the form of the Notice of Public Hearing and Assessment Ballot Proceeding, and Assessment Ballot; directing environmental findings; and directing the Clerk of the Board of Supervisors to give notice of the public hearing and balloting, as required by law. Resolution No. 195-19 ADOPTED by the following vote:

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

Noes: None

190412 [Mayoral Reappointment, Municipal Transportation Agency Board of Directors - Amanda Eaken] Motion approving/rejecting the Mayor’s nomination for the reappointment of Amanda Eaken to the Municipal Transportation Agency Board of Directors, for a term ending March 1, 2023. (Clerk of the Board) Motion No. M19-079 APPROVED by the following vote:

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

Noes: None

190408 [Final Map 9452 - 5050 Mission Street] Motion approving Final Map 9452, a 65 unit mixed-use condominium project, located at 5050 Mission Street, being a subdivision of Assessor’s Parcel Block No. 6969, Lot Nos. 001 & 011; and adopting findings pursuant to the General Plan, and the priority policies of Planning Code, Section 101.1. (Public Works) Motion No. M19-082 APPROVED The foregoing items were acted upon by the following vote:

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

Noes: None

190431 [Supporting Full Parity at Kaiser Permanente] Sponsors: Ronen; Haney, Mar, Fewer, Safai and Mandelman Resolution supporting full parity for mental health patients and clinicians at Kaiser Permanente. Supervisor Safai and Mandelman requested to be added as co-sponsors. Supervisor Ronen, seconded by Supervisor Brown, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 1, Lines 12-13, by adding ‘including a shortage of bilingual providers in San Francisco’; on Page 3, Line 10, by striking ‘under the following guidelines’ and adding ‘guided by the following principles’, Line 11, by striking ‘Boost’ and adding ‘Boosting in-house’, Line 16, by striking ‘limit’ and adding ‘limiting’, and Line 20, by striking ‘Provide’ and adding ‘Providing’; and on Page 4, Line 1, by striking ‘that’. The motion carried by the following vote:

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

Noes: None

Resolution No. 213-19 ADOPTED AS AMENDED by the following vote:

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

Noes: None