Board of Supervisors Minutes: June 4, 2019

190434 [Settlement of Unlitigated Claim - Franciscan Towers Associates, L.P. - $25,619.59 Plus Interest] Resolution approving the settlement of the unlitigated claim filed by Franciscan Towers Associates, L.P. against the City and County of San Francisco for $25,619.59 plus statutory interest; the claim was filed on January 23, 2019; the claim involves an alleged overpayment of property taxes. (City Attorney) Resolution No. 266-19 ADOPTED The foregoing items were acted upon by the following vote:

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

Noes: None

190404 [Settlement of Lawsuit - San Franciscans for Livable Neighborhoods - $247,799.50] Ordinance authorizing settlement of the lawsuit filed by San Franciscans for Livable Neighborhoods against the City and County of San Francisco for $247,799.50; the lawsuit was filed on August 4, 2011, in San Francisco Superior Court, Case No. 513077; entitled San Franciscans for Livable Neighborhoods v. City and County of San Francisco; the lawsuit involves a challenge to the environmental impact report prepared in support of, and the approval of, the 2009 Housing Element of the San Francisco General Plan. (City Attorney) Supervisor Mar, seconded by Supervisor Peskin, 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

Noes: None

ance amending the Administrative Code to require that City departments acquiring surveillance technology, or entering into agreements to receive information from non-City owned surveillance technology, submit a Board of Supervisors approved Surveillance Technology Policy Ordinance, based on a policy or policies developed by the Committee on Information Technology (COIT), and a Surveillance Impact Report to the Board in connection with any request to appropriate funds for the purchase of such technology or to accept and expend grant funds for such purpose, or otherwise to procure surveillance technology equipment or services; require each City department that owns and operates existing surveillance technology equipment or services to submit to the Board a proposed Surveillance Technology Policy Ordinance governing the use of the surveillance technology; and requiring the Controller, as City Services Auditor, to audit annually the use of surveillance technology equipment or services and the conformity of such use with an approved Surveillance Technology Policy Ordinance and provide an audit report to the Board of Supervisors. Ordinance No. 107-19 FINALLY PASSED by the following vote:

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

Noes: Stefani

190310 [Public Works Code - Waiver of Temporary Street Space Occupancy Permit Fee - Small Business Week Sidewalk Sales] Sponsor: Brown Ordinance waiving the fee required by Public Works Code, Section 724.1(b), for temporary street space occupancy permits on certain designated City streets on Saturday, May 11, 2019, to promote Small Business Week. Ordinance No. 105-19 FINALLY PASSED by the following vote:

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

Noes: None

190438 [Administrative Code - Affordable Housing Production and Preservation Fund] Sponsors: Fewer; Brown, Walton, Mandelman, Peskin, Haney, Mar, Ronen, Yee, Stefani and Safai Ordinance amending the Administrative Code to establish the Affordable Housing Production and Preservation Fund to receive appropriated excess Education Revenue Augmentation Fund revenues received by the City, for the purpose of funding land acquisition and production of new 100% affordable housing projects; and acquisition and preservation of existing housing to make that housing permanently affordable. Supervisor Safai 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

190455 [Real Property Lease Extension - Multiple Ownership - 651 Bryant Street - $577,920 Annual Base Rent] Resolution authorizing the General Manager of the San Francisco Public Utilities Commission to exercise a lease extension for the real property located at 651 Bryant Street with William H. Banker, Jr., Successor Trustee of The Banker Trust dated April 20, 1992, Fillmore C. Marks, Trustee of The Fillmore and Barbara Marks 1992 Trust, Fillmore Douglas Marks, William C. Marks, and Bradford F. Marks, tenants in common, collectively as landlord, for a ten year extension term, commencing on November 1, 2019, through October 31, 2029, for the continued use by the San Francisco Public Utilities Commission at the monthly base rent of $48,160 for a total annual base rent of $577,920. (Public Utilities Commission) (Fiscal Impact) Resolution No. 267-19 ADOPTED by the following vote:

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

Noes: None

190456 [Grant Agreement Amendment - Wu Yee Children’s Services - Early Care and Education Integrated Services - $39,559,034] Resolution approving the first amendment to the grant agreement between the City and County of San Francisco and Wu Yee Children’s Services for the provision of early care and education integrated services to support the City’s implementation of the San Francisco Citywide Plan For Early Care and Education, to increase the amount by $7,440,303 for a total amount of $39,559,034 to commence July 1, 2019, for the total term of July 1, 2017, through June 30, 2020. (Human Services Agency) (Fiscal Impact) Resolution No. 268-19 ADOPTED by the following vote:

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

Noes: None

190484 [Grant Agreement - San Francisco In-Home Supportive Service Public Authority - Provider Benefits and Administration Contract Approval - Not to Exceed $255,912,584] Resolution 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 San Francisco In-Home Supportive Services (IHSS) Public Authority for the provision of administration, health, and dental benefits to IHSS independent providers for the period of July 1, 2019, through June 30, 2022, in an amount not to exceed of $255,912,584. (Human Services Agency) (Fiscal Impact) Resolution No. 270-19 ADOPTED by the following vote:

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

Noes: None

190485 [Grant Agreement Amendment - Homebridge - Contract Mode In-Home Supportive Services and Provider Skill Development Training and Supports - Not to Exceed $90,722,855] Resolution approving a first amendment to the grant agreement between the City and County of San Francisco and Homebridge, for the provision of contract mode in-home supportive services and provider skill development training and supports; to increase the amount by $23,749,925 for a total amount not to exceed $90,722,855; and to extend the term from June 30, 2019, for a total agreement term of April 1, 2017, through June 30, 2020. (Human Services Agency) (Fiscal Impact) Resolution No. 271-19 ADOPTED by the following vote:

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

Noes: None

190487 [Participation Agreement - California Mental Health Services Authority - Tech Suite Mental Health Services Act Innovation Program - Not to Exceed $1,197,821] Resolution authorizing the Director of Health to enter into a participation agreement between San Francisco Department of Public Health Behavioral Health Services and the California Mental Health Services Authority, for the Tech Suite Mental Health Services Act Innovation Program for the development of technology-based mental health solutions intended to increase access to mental health support to underserved communities, for an amount not to exceed $1,197,821 for the term of June 1, 2019, through June 30, 2022. (Public Health Department) Resolution No. 272-19 ADOPTED by the following vote:

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

Noes: None

190502 [Real Property Master Lease - JELANI INC. - 1601 Quesada Avenue - $217,200 Initial Year] Sponsors: Mayor; Walton Resolution approving a master lease of a building consisting of approximately 10,225 square feet located at 1601 Quesada Avenue, with JELANI INC., a California non-profit public benefit corporation as landlord, for an initial ten-year term, to commence following Board approval no later than September 30, 2019, at a base rent of $18,100 per month ($217,200 per year), plus two additional terms of ten years each, increased annually by 1%, for use by the Department of Homelessness and Supportive Housing for the purpose of creating transitional housing to serve pregnant women experiencing homelessness in San Francisco; finding the proposed transaction is in conformance with the General Plan, and the eight priority policies of Planning Code, Section 101.1.; and adopting California Environmental Quality Act findings. (Fiscal Impact) Resolution No. 263-19 ADOPTED by the following vote:

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

Noes: None

entirety of the amendments as a whole. Supervisor Walton, seconded by Supervisor Ronen, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 5, Lines 7-15, by adding verbiage to require the Department of Human Resources to provide notice to the unions representing affected employees, and submit certification to the Clerk of the Board that applicable meet-and-confer obligations have been met, and adding verbiage requiring the Working Group report be submitted and accepted by Board Resolution prior to the closure; on Page 14, Line 1, by adding ‘request that the Director’, on Lines 9-10, by striking ‘A final report shall be submitted’, and adding ‘The Working Group shall submit the final plan’, and on Lines 11-13, by adding ‘The Plan shall be accompanied by a proposed resolution accepting the plan, and the Board may act by resolution to accept, reject, or modify the plan.’; on Page 15, Line 8, by striking ‘fee revenue dedicated to’, and adding ‘monies appropriated for’, and Lines 20-24, by adding a new ‘Section 5. Undertaking For The General Welfare .’; 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

Noes: None

PASSED ON FIRST READING AS AMENDED by the following vote:

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

Noes: Stefani

190468 [Assessment Ballots for City Parcels - North of Market/Tenderloin Community Benefit District] Sponsor: Haney Resolution authorizing the Mayor or their designee(s) to cast an assessment ballot in the affirmative for the proposed renewal and expansion of a property and business improvement district to be named the North of Market/Tenderloin Community Benefit District, with respect to certain parcels of real property owned by the City that would be subject to assessment in said District. Resolution No. 269-19 ADOPTED by the following vote:

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

Noes: None

Absent: Mandelman, Peskin, Safai

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. PASSED ON FIRST READING by the following vote:

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

Noes: None

Absent: Mandelman, Peskin, Safai

190304 [Liquor License Transfer - 168-186 Eddy Street - Dalda's Market] Resolution determining that the premise-to-premise transfer of a Type-21 off-sale general beer, wine, and distilled spirits liquor license to Dalda's Inc., doing business as Dalda's Market, located at 168-186 Eddy Street (District 6), 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. 264-19 ADOPTED by the following vote:

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

Noes: None

Absent: Mandelman, Peskin, Safai

190329 [Liquor License - 55 Taylor Street - Center for New Music] Resolution determining that the issuance of a Type-64 special on-sale general theater liquor license to the Center for New Music, Inc., doing business as the Center for New Music, located at 55 Taylor Street (District 6), 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. 265-19 ADOPTED by the following vote:

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

Noes: None

Absent: Mandelman, Peskin, Safai

190496 [Administrative Code - Office of Sexual Harassment and Assault Response and Prevention] Sponsor: Ronen Ordinance amending the Administrative Code to change the Office of Sexual Harassment and Assault Response and Prevention (“Office”) from a department directly under the Human Rights Commission to a division of the Human Rights Commission Department directly under the Executive Director of the Human Rights Commission; and modifying the appointment process for the Director of the Office. PASSED ON FIRST READING by the following vote:

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

Noes: None

Absent: Mandelman, Peskin, Safai

190410 [Mayoral Appointment, Successor Agency Commission (Commonly Known as Commission on Community Investment and Infrastructure) - Bivett Brackett] Motion approving the Mayor’s appointment of Bivett Brackett to the Successor Agency Commission (commonly known as the Commission on Community Investment and Infrastructure), for the unexpired portion of a four-year term ending November 3, 2020. (Clerk of the Board) (Ordinance No. 215-12, Section 6(b), provides that this member shall be appointed by the Mayor and subject to confirmation by the majority of the Board of Supervisors. There is no deadline for confirmation and the appointment is not effective until the Board takes action. Transmittal date: April 12, 2019) Motion No. M19-095 APPROVED by the following vote:

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

Noes: None

Absent: Mandelman, Peskin, Safai

190414 [Appointment, Ethics Commission - Lateef Hasani Gray] Motion appointing Lateef Hasani Gray, term ending February 1, 2023, to the Ethics Commission. (Rules Committee) Motion No. M19-096 APPROVED by the following vote:

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

Noes: None

housing conservatorship program. Supervisor Safai requested to be added as a co-sponsor. Supervisor Mandelman, seconded by Supervisor Haney, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 4, Lines 3-4, by adding the definition of ‘Care Team’; on Page 5, Line 19, through Page 6, Line 2, by adding ‘subsection (h)’ requiring an evaluation of eligibility for a Housing Conservatorship that provides alternative offers for voluntary treatment; on Page 6, Lines 12-25, by adding a new ‘Section 4.134. Maximizing Engagement in Voluntary Treatment.’; on Page 9, Lines 22-23, by adding verbiage to require the Working Group to meet at least once every four months; on Page 10, Line 24, through Page 11, Line 5, by requiring the following additional information be included in the Workgroup Group’s evaluation: the number of detentions for evaluations and treatment, and where a detention for evaluation and treatment was performed; on Page 11, Lines 9-12, by adding verbiage requiring the Working Group to submit an annual report to the Mayor and Board of Supervisors; 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

Noes: None

PASSED ON FIRST READING AS AMENDED by the following vote:

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

Noes: Walton

190567 [Planning Code - Interim Zoning Moratorium on Change of Nighttime Entertainment Use - One Maritime Plaza Area] Sponsors: Peskin; Yee, Ronen, Safai, Stefani, Haney, Fewer, Mandelman, Brown, Mar and Walton Urgency ordinance approving an interim zoning moratorium for 45 days on changes of nighttime entertainment use in the One Maritime Plaza area bounded by Jackson Street to the north, Sacramento Street to the south, Drumm Street to the west, and Sansome Street to the east; 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. (Pursuant to California Government Code, Section 65858(a), this matter requires a four-fifths vote of the full membership of the Board of Supervisors (9 votes) for passage.) Ordinance No. 106-19 FINALLY PASSED by the following vote:

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

Noes: None

190453 [Mayoral Appointment, Municipal Transportation Agency Board of Directors - Steve Heminger] Motion approving/rejecting the Mayor’s nomination for the appointment of Steve Heminger to the Municipal Transportation Agency Board of Directors, for a term ending March 1, 2023. (Clerk of the Board) (Charter, Section 8A.102(a), provides that the Board of Supervisors shall confirm the Mayor's appointment by a majority (six votes) of the Board of Supervisors after a public hearing, with no timeframe to confirm specified. Transmittal Date: May 1, 2019.) Motion No. M19-097 APPROVED by the following vote:

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

Noes: None

190608 [Final Map 9769 - 915 Minna Street] Motion approving Final Map 9769, a 49 residential unit condominium project, located at 915 Minna Street, being a subdivision of Assessor’s Parcel Block No. 3510, Lot No. 058; and adopting findings pursuant to the General Plan, and the priority policies of Planning Code, Section 101.1. (Public Works) Motion No. M19-099 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

190581 [Urging Specific Citywide Cooperative Living Opportunities for Mental Health Priorities in the FYs 2019-2020 and 2020-2021 Budgets] Sponsors: Ronen; Haney and Yee Resolution urging the Mayor to fund the Cooperative Living Opportunities for Mental Health Program in the FYs 2019-2020 and 2020-2021 budgets, and using excess Education Revenue Augmentation Fund revenues received by the City and County of San Francisco. Supervisor Ronen, seconded by Supervisor Peskin, moved that this Resolution be TABLED. The motion carried by the following vote:

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

Noes: None

190582 [Supporting California State Senate Bill No. 38 (Hill) - Flavored Tobacco Products] Sponsor: Walton Resolution supporting California State Senate Bill No. 38, authored by Senator Jerry Hill and co-authored by Senators Steve Glazer, Mike McGuire, and Anthony Portantino, to restrict sales of flavored e-cigarettes and all other flavored tobacco products to combat use by youths. Supervisor Walton, seconded by Supervisor Ronen, moved that this Resolution be TABLED. The motion carried by the following vote:

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

Noes: None

190615 [Urging Naming the Central Subway’s Chinatown Station the “Chinatown Rose Pak Station”] Sponsor: Peskin Resolution urging San Francisco Municipal Transportation Agency to name the Central Subway’s Chinatown Station the “Chinatown Rose Pak Station.” Resolution No. 275-19 ADOPTED by the following vote:

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

Noes: None