Board of Supervisors Minutes: May 7, 2019

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. Ordinance No. 086-19 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

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.) Ordinance No. 083-19 FINALLY PASSED by the following vote:

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

Noes: None

190416 [Appropriation - Certificates of Participation to the General Services Agency to Fund Hall of Justice Relocation Project - $16,000,000 - FY2018-2019] Sponsors: Mayor; Haney and Peskin Ordinance appropriating $16,000,000 of Certificates of Participation to the General Services Agency to purchase the property located at 814-820 Bryant Street and 470-6th Street; and to fund the Hall of Justice Relocation Project with related demolition, site preparation, and other acquisition costs in FY2018-2019. (Fiscal Impact) PASSED ON FIRST READING by the following vote:

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

Noes: None

treet, from Wen-Chiao Wayne Lin and Mei-Huei Grace Lin as to an undivided 60% interest, and Tony Chih-Tung Lin and Jenny Chun-Hsing Lin as to an undivided 40% interest, to facilitate the replacement of the Hall of Justice known as the Justice Facilities Improvement Program, for the purchase price of $11,520,000; authorizing the Controller to cause the execution and delivery of taxable or tax-exempt Certificates of Participation evidencing and representing an aggregate principal amount not to exceed $16,000,000 to finance the costs of the acquisition of said real property, including demolition and related site preparation costs; authorizing the Controller to cause the issuance from time to time of the City’s commercial paper notes in anticipation of the execution and delivery of said Certificates of Participation; adopting findings that the conveyance is consistent with the General Plan, and the eight priority policies of Planning Code, Section 101.1; and authorizing the Controller and the Director of Property to execute such documents and take necessary actions in furtherance of this Resolution, as defined herein. (Fiscal Impact) Resolution No. 225-19 ADOPTED by the following vote:

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

Noes: None

ilities for automobiles on property owned or leased by the City; 4) workers engaged in theatrical or technical services for shows on property owned by the City; 5) workers engaged in the hauling of solid waste generated by the City in the course of City operations, pursuant to a contract with the City; 6) workers performing moving services under City contracts at facilities owned or leased by the City; 7) workers engaged in exhibit, display, or trade show work at special events on property owned by the City; 8) workers engaged in broadcast services on property owned by the City; 9) workers engaged in loading or unloading into or from a commercial vehicle on City property of materials, goods, or products in connection with a show or special event, or engaged in driving a commercial vehicle into which or from which materials, goods, or products are loaded or unloaded on City property in connection with a show or special event; 10) workers engaged in security guard services under City contracts or at facilities or on property owned or leased by the City; and 11) motor bus service contracts. (Civil Service Commission) (Fiscal Impact) Resolution No. 226-19 ADOPTED by the following vote:

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

Noes: None

190385 [Airport Professional Services Agreement - Bombardier Transportation (Holdings) USA, Inc - AirTrain Operation and Maintenance Services - Not to Exceed $219,541,698] Resolution approving an award of the Airport Contract No. 50175, AirTrain Operation and Maintenance, between Bombardier Transportation (Holdings) USA, Inc., and the City and County of San Francisco, acting by and through its Airport Commission, for a term of ten years to commence on July 1, 2019, through June 30, 2029, with one five-year option to renew, for a total contract amount not to exceed $219,541,698 pursuant to Charter, Section 9.118(b). (Airport Commission) (Fiscal Impact) Resolution No. 230-19 ADOPTED by the following vote:

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

Noes: None

190386 [Lease Amendment - Air Sun J.V. - Terminal 3 Concourse Specialty Store Lease No. 09-0176 - Term Extension] Resolution approving Amendment No. 1 to Terminal 3 Concourse Specialty Store Lease No. 09-0176 (Lease) between Air Sun J.V., a joint venture between Luxottica of America, Inc. and Corliss Stone-Littles, LLC, and the City and County of San Francisco, acting by and through its Airport Commission, for an extension of the term through December 31, 2020, with a condition that the Airport Director, at their sole and absolute discretion, may terminate earlier by providing six months’ advance written notice, with no change to the current minimum annual guarantee, subject to adjustment in accordance with the terms and conditions of the Lease, effective upon approval by the Board of Supervisors. (Airport Commission) Resolution No. 231-19 ADOPTED by the following vote:

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

Noes: None

190388 [Contract Amendment - HealthRIGHT 360 - Fiscal Intermediary Check-Writing Services - Not to Exceed $100,947,391] Resolution approving Amendment No. 4 to the agreement between HealthRIGHT 360 and the Department of Public Health for fiscal intermediary check-writing services, to increase the agreement amount by $8,606,414 for an amount not to exceed $100,947,391; and to extend the term by 18 months from June 30, 2019, for a total agreement term of December 31, 2013, through December 31, 2020. (Public Health Department) (Fiscal Impact) Resolution No. 232-19 ADOPTED by the following vote:

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

Noes: None

170416 [Administrative Code - Residential Hotel Status Report Requirement] Sponsor: Peskin Ordinance amending the Administrative Code to require the completion of a report of residential hotel status, and disclosure of the report to the buyer or transferee, prior to the sale or transfer of a residential hotel; 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

Noes: None

190427 [Resolution of Intention - Renewal and Expansion - Union Square Business Improvement District] Sponsor: Peskin Resolution declaring the intention of the Board of Supervisors to renew and expand a property-based business improvement district known as the “Union Square Business Improvement District” and levy a multi-year assessment on all parcels in the District; approving the management district plan, 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 July 9, 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. 221-19 ADOPTED by the following vote:

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

Noes: None

190164 [Police Code - Acceptance of Cash by Brick-and-Mortar Businesses] Sponsors: Brown; Fewer, Walton, Peskin, Safai, Mandelman, Ronen, Yee, Haney and Stefani Ordinance amending the Police Code to require, in general, that brick-and-mortar businesses accept payment in cash in connection with the purchase of goods and services other than professional services. PASSED ON FIRST READING by the following vote:

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

Noes: None

ied in Assembly Bill 392; and WHEREAS, San Francisco’s crisis intervention and de-escalation training has resulted in a significant reduction in the use of force incidents citywide and is being recognized as the statewide model; and WHEREAS, the provisions of SB 230 would only become operative contingent on the enactment of Assembly Bill 392 of the 2019–20 Regular Session; and WHEREAS, Assembly Bill 392, introduced by Assembly Member Shirley Weber updates the deadly use-of-force standard from "reasonable" to "necessary" and would redefine the circumstances under which a homicide by a peace officer is deemed justifiable to include when the killing is in self-defense or the defense of another, consistent with the existing legal standard for self-defense, or when the killing is necessary to prevent the escape of a fleeing felon whose immediate apprehension is necessary to prevent death or serious injury; and WHEREAS, SB 230 sets forth training requirements which complement the update to the use-of-force standard in AB 392, the two bills complement one another and represent a comprehensive solution to police use of deadly force in California;’. The motion carried by the following vote:

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

Noes: None

Resolution No. 227-19 ADOPTED AS AMENDED by the following vote:

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

Noes: Stefani

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) Michael Lennon (Public Works) indicated there were no resolutions or receipts of payment for the addresses listed on the report of assessments; therefore, no changes to the report were requested. Resolution No. 228-19 ADOPTED by the following vote:

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

Noes: None

Absent: Brown, Haney, Mar

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) Michael Lennon (Public Works) indicated there were no resolutions or receipts of payment for the addresses listed on the report of assessments; therefore, no changes to the report were requested. Resolution No. 229-19 ADOPTED by the following vote:

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

Noes: None

Absent: Brown, Haney, Mar

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) Motion No. M19-087 APPROVED by the following vote:

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

Noes: None

Excused: Peskin

190461 [Transcontinental Chinese Railroad Workers Day - May 10] Sponsors: Yee; Fewer, Mar, Walton, Safai, Peskin, Brown, Mandelman, Ronen, Haney and Stefani Resolution commemorating the 150th Anniversary of the completion of the Transcontinental Railroad; honoring the contributions of Chinese railroad workers for their significant contributions; and declaring May 10, 2019, and every May 10 thereafter, as Transcontinental Railroad Workers Day in the City and County of San Francisco. Supervisors Mar, Walton, Safai, Peskin, Brown, Mandelman, Ronen, Haney, and Stefani requested to be added as co-sponsors. Supervisor Yee, seconded by Supervisor Ronen, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE, by clarifying that it is ‘Transcontinental Chinese Railroad Workers Day’; and making other clarifying changes regarding the historical facts throughout the legislation. The motion carried by the following vote:

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

Noes: None

Excused: Peskin

Resolution commemorating the 150th Anniversary of the completion of the Transcontinental Railroad; honoring the contributions of Chinese railroad workers for their significant contributions; and declaring May 10, 2019, and every May 10 thereafter, as Transcontinental Chinese Railroad Workers Day in the City and County of San Francisco. Resolution No. 233-19 ADOPTED AS AMENDED by the following vote:

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

Noes: None

Excused: Peskin

190470 [Support for Kome Seafood Buffet Workers’ Demands to Settle Wage Claims] Sponsors: Mar; Ronen, Peskin, Fewer and Haney Resolution supporting Kome Seafood Buffet workers’ demands to settle wage claims by paying workers the wages and penalties that are owed to them; supporting laid off workers’ demands to have the Right of Refusal to be reemployed with the company; and urging the People of San Francisco to refrain from patronizing Kome Seafood Buffet or Teakee Café until the California Labor Commissioner’s citation and case is resolved. Supervisor Mar, seconded by Supervisor Ronen, moved that this Resolution be CONTINUED to the Board of Supervisors meeting of May 14, 2019. The motion carried by the following vote:

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

Noes: None

Excused: Peskin