Board of Supervisors Minutes: April 30, 2019

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. Ordinance No. 082-19 FINALLY PASSED The foregoing items were acted upon by the following vote:

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

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 Haney, seconded by Supervisor Brown, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 3, Lines 2-9, by adding ‘and WHEREAS, It is the intent of this Board to ask the Capital Planning Committee to add Affordable Housing as part of the City’s capital planning process beginning in the next off-year Capital Plan update; and WHEREAS, It is the intent of this Board to ask the Capital Planning Committee to work with San Francisco’s housing policy experts in the next off-year update to build a reliable set of funding sources for affordable housing, including but not limited to another Affordable Housing General Obligation Bond in the G.O. Bond Program;’. The motion carried by the following vote:

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

Resolution No. 215-19 ADOPTED AS AMENDED by the following vote:

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

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) Ordinance No. 084-19 FINALLY PASSED by the following vote:

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

190280 [Annual Fundraising Drive - 2019] Resolution designating those agencies qualified to participate in the 2019 Annual Joint Fundraising Drive for officers and employees of the City and County of San Francisco. (City Administrator) Resolution No. 216-19 ADOPTED by the following vote:

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

190330 [Lease Agreement - Brookstone SFO T-2, LLC - Terminal 2 Specialty Retail Concession Lease No. 1 - Lease No. 18-0071 - $325,000 Minimum Annual Guarantee] Resolution approving the Terminal 2 Specialty Retail Concession Lease No. 1 - Lease No. 18-0071, between Brookstone SFO T-2, LLC, and the City and County of San Francisco, acting by and through its Airport Commission, for a term of seven years, and a minimum annual guarantee of $325,000 for the first year of the Lease, to commence upon approval by the Board of Supervisors. (Airport Commission) Resolution No. 217-19 ADOPTED by the following vote:

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

190333 [Real Property Lease Extension Option - Choo Laguna, LLC - 258-A Laguna Honda Boulevard - $51,192 Annual Base Rent] Resolution authorizing the Director of Real Estate to exercise a Lease Extension Option for the real property located at, 258-A Laguna Honda Boulevard with Choo Laguna, LLC as landlord, for a five-year term to commence on July 1, 2019, through June 30, 2024, at the monthly base rent of $4,266 for a total annual base rent of $51,192. (Public Defender) Resolution No. 218-19 ADOPTED by the following vote:

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

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) Resolution No. 219-19 ADOPTED by the following vote:

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

190214 [Building Code - Fee Waiver for 100% Affordable Housing and Accessory Dwelling Units] Sponsors: Mayor; Brown and Mar Ordinance amending the Building Code to waive specified fees for 100% affordable housing projects, as defined herein, and accessory dwelling unit projects for an approximately one-year pilot program; and affirming the Planning Department’s determination under the California Environmental Quality Act. (Fiscal Impact) Supervisor Mar, seconded by Supervisor Brown, moved that this Ordinance be RE-REFERRED 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

190112 [Summary Street Vacation - Francisco Street in Connection with Francisco Park Improvements - Interdepartmental Property Transfer] Sponsor: Stefani Ordinance ordering the summary street vacation of the 900 block of Francisco Street, generally bounded by Assessor’s Parcel Block No. 0046 to the north, Assessor’s Parcel Block No. 0047 to the south, Larkin Street to the west, and Hyde Street to the east, as part of the development of Francisco Park, subject to certain terms and conditions, and approving a conditional interdepartmental transfer of the vacation area from Public Works to the Recreation and Park Department; affirming the Planning Department’s determination under the California Environmental Quality Act; adopting findings that the actions contemplated in this Ordinance are consistent with the General Plan, and the eight priority policies of Planning Code, Section 101.1; and authorizing official acts in connection with this Ordinance, as defined herein. PASSED ON FIRST READING by the following vote:

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

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) PASSED ON FIRST READING by the following vote:

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

190249 [Development Agreement - SYTS Investments, LLC - 915 Cayuga Avenue] Sponsor: Safai Ordinance approving a Development Agreement between the City and County of San Francisco and SYTS Investments, LLC, for the development project at 915 Cayuga Avenue, with various public benefits including significantly more below market rate units than otherwise required; making findings under the California Environmental Quality Act, and findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1(b); confirming compliance with or waiving certain provisions of Administrative Code, Chapters 14B and 56; and ratifying certain actions taken in connection therewith, as defined herein. PASSED ON FIRST READING by the following vote:

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

190250 [Planning Code, Zoning Map - Cayuga/Alemany Special Use District] Sponsor: Safai Ordinance amending the Planning Code to establish the Cayuga/Alemany Special Use District (SUD) for the property located at 915 Cayuga Avenue (Assessor’s Parcel Block No. 6954, Lot Nos. 039); amending the Zoning Map to add the Cayuga/Alemany SUD and to change the height limit on Assessor’s Parcel Block No. 6954, Lot No. 039, to 65-X; affirming the Planning Department’s California Environmental Quality Act findings; making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101; and making findings of public convenience, necessity, and welfare under Planning Code, Section 302. PASSED ON FIRST READING by the following vote:

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

190251 [Planning Code, Zoning Map - 915 Cayuga Avenue] Sponsor: Safai Ordinance amending the Zoning Map to change the zoning district on Assessor’s Parcel Block No. 6954, Lot No. 039, from RH-1 (Residential, House District, One-Family) and Excelsior Outer Mission Street Neighborhood Commercial District to Excelsior Outer Mission Street Neighborhood Commercial District; affirming the Planning Department’s California Environmental Quality Act findings; making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101; and making findings of public convenience, necessity, and welfare under Planning Code, Section 302. PASSED ON FIRST READING by the following vote:

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

190216 [Administrative Code - Mayoral Question-and-Answer Session at the Board of Supervisors] Sponsor: Mar Ordinance amending the Administrative Code to authorize the Clerk of the Board of Supervisors to modify deadlines for submission of question topics by Supervisors in advance of the Mayor’s appearance at the Board of Supervisors for a question-and-answer session. PASSED ON FIRST READING by the following vote:

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

190287 [Campaign and Governmental Conduct Code - Public Campaign Financing] Sponsor: Mar Ordinance amending the Campaign and Governmental Conduct Code to modify the deadline for participation in the City’s public financing program and the operation of individual expenditure ceilings for participating candidates. (Ethics Commission) (Pursuant to Campaign and Governmental Conduct Code, Section 3.204, this matter requires two-thirds vote of the full membership of the Board of Supervisors (8 votes) for passage.) PASSED ON FIRST READING by the following vote:

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

190340 [Mayoral Appointment, Planning Commission - Frank Fung] Motion approving the Mayoral nomination for the appointment of Frank Fung to the Planning Commission, term ending June 30, 2022. (Clerk of the Board) (Charter, Section 4.105, provides that this nomination is subject to approval by the Board of Supervisors and shall be the subject of a public hearing and vote within 60 days from the date the nomination is transmitted to the Clerk of the Board. If the Board fails to act on the nomination within 60 days from the date the nomination is transmitted to the Clerk, then the nominee shall be deemed approved. Transmittal date: March 25, 2019.) Motion No. M19-083 APPROVED by the following vote:

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

190415 [Appointment, Sugary Drinks Distributor Tax Advisory Committee - Aaron Kunz] Motion appointing Aaron Kunz, term ending December 31, 2020, to the Sugary Drinks Distributor Tax Advisory Committee. (Rules Committee) Motion No. M19-084 APPROVED by the following vote:

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

190419 [Conditional Property Exchange Agreement - EQX JACKSON SQ HOLDCO LLC - Potential Exchange of 530 Sansome Street for a Portion of 425-439 Washington Street] Sponsors: Mayor; Peskin Resolution approving a Conditional Property Exchange Agreement (“CPEA”) with EQX JACKSON SQ HOLDCO LLC, a Delaware limited liability company, for a proposed future transfer of City real property at 530 Sansome Street (Assessor’s Parcel Block No. 0206, Lot No. 017) under the jurisdiction of the Fire Department, in exchange for a portion of the real property at 425-439 Washington Street (Assessor’s Parcel Block No. 0206, Lot Nos. 013 and 014), subject to several conditions, as defined herein; and finding that the CPEA is a conditional land acquisition agreement under California Environmental Quality Act Guidelines, Section 15004(b)(2)(A), and subject to City’s discretionary approval after the completion of environmental review. Resolution No. 220-19 ADOPTED by the following vote:

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

190435 [Final Map 5558 - 220 Jackson Street and 601 Front Street] Motion approving Final Map 5558, a maximum of 50 units commercial condominium project, located at 220 Jackson Street and 601 Front Street, being a subdivision of Assessor’s Parcel Block No. 0173, Lot No. 006; and adopting findings pursuant to the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Public Works) Motion No. M19-085 APPROVED The foregoing items were acted upon by the following vote:

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

190446 [Recognizing National Donate Life Month - April 2019] Sponsor: Fewer Resolution recognizing April 2019 as National Donate Life Month in the City and County of San Francisco, and urging all San Franciscans to register as organ and tissue donors when applying for or renewing their driver’s license. Resolution No. 222-19 ADOPTED by the following vote:

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

190448 [Supporting California State Senate Bill No. 686 (Allen) - California Promise Neighborhoods Act of 2019] Sponsors: Ronen; Haney Resolution supporting California State Senate Bill No. 686, authored by Senator Ben Allen, which would enact the California Promise Neighborhoods Act of 2019. Supervisor Haney requested to be added as a co-sponsor. Supervisor Walton, seconded by Supervisor Ronen, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 2, Lines 19-20, by adding ‘include culturally appropriate agencies when expanding into’. The motion carried by the following vote:

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

Resolution No. 223-19 ADOPTED AS AMENDED by the following vote:

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

190027 [Final Map 9530 - 595 Mariposa Street] Motion approving Final Map 9530, a 20 residential unit new condominium project, located at 595 Mariposa Street, being a subdivision of Assessor’s Parcel Block No. 3995, Lot No. 022; and adopting findings pursuant to the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Public Works) Supervisor Walton, seconded by Supervisor Haney, moved that this Motion be CONTINUED to the Board of Supervisors meeting of May 7, 2019. The motion carried by the following vote:

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

City and County of San Francisco Page 379 Printed at 4:02 pm on 6/5/19 Board of Supervisors Meeting Minutes 4/30/2019 Supervisor Peskin requested that File No. 190449 be severed so that it may be considered separately. Supervisor Safai Excused from Voting Supervisor Peskin, seconded by Supervisor Stefani, moved that Supervisor Safai be excused from voting on File No. 190449. The motion carried by the following vote:

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

Excused: Safai

190449 [Adoption of Findings Related to Conditional Use Authorization - 1052-1060 Folsom Street and 190-194 Russ Street] Motion adopting findings in support of the Board of Supervisors’ disapproval of the decision of the Planning Commission by its Motion No. 20361, regarding the Conditional Use Authorization identified as Planning Case No. 2016.004905CUA, for a proposed project at 1052-1060 Folsom Street and 190-194 Russ Street. (Clerk of the Board) Supervisor Peskin, seconded by Supervisor Mar, moved that this Motion be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 2, Lines 9-12, by adding ‘and WHEREAS, The Planning Commission did not have the benefit of a complete shadow study in the record before it at the time that it issued its findings in support of the Conditional Use Authorization, a fact confirmed by Planning Department staff at the Planning Commission hearing on December 20, 2018;’. The motion carried by the following vote:

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

Excused: Safai

Motion No. M19-086 APPROVED AS AMENDED by the following vote:

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

Excused: Safai

190457 [Chief Joanne Hayes-White Day - May 5, 2019] Sponsor: Yee Resolution commending and honoring Chief Joanne Hayes-White for her outstanding service as the San Francisco Fire Chief; and declaring May 5, 2019, as Chief Joanne Hayes-White Day in the City and County of San Francisco. President Yee inquired as to whether any member of the public wished to address the Board relating to the Resolution commending and honoring Chief Joanne Hayes-White as referenced in File No. 190457. There were no speakers. The President declared public comment closed. Privilege of the floor was granted unanimously to Jon Givner (Office of the City Attorney) who responded to questions raised throughout the discussion. Resolution No. 198-19 ADOPTED by the following vote:

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