Board of Supervisors Minutes: June 11, 2019

190403 [Partial Settlement of Lawsuit - Victoria Sanchez - $97,500] Ordinance authorizing settlement of the lawsuit filed by Victoria Sanchez against the City and County of San Francisco for $97,500; the lawsuit was filed on August 20, 2015, in San Francisco Superior Court, Case No. CGC-15-547492; entitled David Alfaro, et al. v. City and County of San Francisco; the lawsuit involves inverse condemnation arising out of flooding damage during major rainstorms; as it relates only to property loss of plaintiff Victoria Sanchez, by the payment of $97,500 and excluding the claim by this plaintiff for diminution of value for plaintiff’s real property and the claim by plaintiff for attorney's fees, costs and interest, which will be addressed in later proceedings. (City Attorney) Ordinance No. 111-19 FINALLY PASSED The foregoing items were acted upon by the following vote:

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

s to detention and also support the working group; and affirming the Planning Department’s determination under the California Environmental Quality Act. Supervisor Walton, seconded by Supervisor Ronen, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 6, Lines 20-22, by adding ‘(5) preserve, protect and aim to expand the role of the public sector in the direct provision of juvenile rehabilitation services, both in community-based alternatives to detention and in any rehabilitative, non-institutional place or places of detention.’; on Page 8, Lines 13-14, by adding ‘(8) Seats 10 and 11 shall be held by non-management employees working in Juvenile Hall.’, and Lines 15-23, by updating the seat numbering after the addition of seats 10 and 11; on Page 9, Lines 3, 4, 6, and 12, by updating the total number of seats from ‘9’ to ‘11’, and Lines 8-10 by adding ‘Members appointed to seats 10 and 11 may receive their regular salaries for time spent on the Working Group because they are serving in an official capacity as representatives of their departments.’; 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

PASSED ON FIRST READING AS AMENDED by the following vote:

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

Noes: Stefani

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. Ordinance No. 109-19 FINALLY PASSED by the following vote:

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

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. Ordinance No. 113-19 FINALLY PASSED by the following vote:

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

181042 [Health, Administrative Codes - Housing Conservatorships] Sponsors: Mayor; Mandelman, Brown, Stefani and Safai Ordinance amending the Health Code to authorize procedures for the appointment of a conservator for a person incapable of caring for the person’s own health and well-being due to a serious mental illness and substance use disorder, and designating the City Attorney to institute judicial proceedings to establish housing conservatorships; and amending the Administrative Code to establish the Housing Conservatorship Working Group to conduct an evaluation of the City’s implementation of the housing conservatorship program. Ordinance No. 108-19 FINALLY PASSED by the following vote:

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

Noes: Walton

190480 [Official Advertising - San Francisco Print Media Co. (dba The SF Examiner) - FY2019-2020] Resolution designating San Francisco Print Media Co. (dba The SF Examiner) to be the official newspaper of the City and County of San Francisco for all official advertising for FY2019-2020. (Office of Contract Administration) Resolution No. 276-19 ADOPTED by the following vote:

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

and Neighborhood Outreach Advertising - Small Business Exchange; SF Bayview; El Reportero; Sing Tao Daily; World Journal SF; Bay Area Reporter; Jasmine Blue Media LLC, dba Marina Times; The Potrero View - FY2019-2020] Resolution designating Small Business Exchange and SF Bayview to be the outreach periodical of the City and County of San Francisco for the African American community; El Reportero to be the outreach periodical of the City and County of San Francisco for the Hispanic community; Bay Area Reporter to be the outreach periodical of the City and County of San Francisco for the Lesbian, Gay, Bisexual and Transgender community; Sing Tao Daily and World Journal SF to be the outreach periodicals for the Chinese community; Jasmine Blue Media LLC (dba Marina Times) to be the neighborhood outreach periodical of the City and County of San Francisco for the Marina neighborhood; The Potrero View to be the neighborhood outreach periodical of the City and County of San Francisco for the Potrero Hill, Bayview, Mission Bay, and SoMa neighborhoods; and to provide outreach advertising for FY2019-2020. (Office of Contract Administration) Resolution No. 277-19 ADOPTED by the following vote:

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

190486 [Professional Services Agreement - AECOM Technical Services, Inc. - Mountain Tunnel Improvement Project - Not to Exceed $24,500,000] Resolution authorizing the General Manager of the San Francisco Public Utilities Commission to execute Professional Services Agreement No. PRO.0096, Mountain Tunnel Improvements Construction Management Services, with AECOM Technical Services, Inc. to provide construction management services for the proposed Mountain Tunnel Improvement Project for a total not to exceed amount of $24,500,000 with a duration of eight years through 2027, to commence following Board approval. (Public Utilities Commission) (Fiscal Impact) Resolution No. 278-19 ADOPTED by the following vote:

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

190488 [Contract Amendment - Instituto Familiar de la Raza - Behavioral Health Services - Not to Exceed $28,795,895] Resolution approving Amendment No. 1 to the agreement between Instituto Familiar de la Raza and the Department of Public Health for behavioral health services, to increase the agreement amount by $18,912,545 for an amount not to exceed $28,795,895; and to extend the term by five years, from June 30, 2020, for a total agreement term of July 1, 2018, through June 30, 2025. (Public Health Department) (Fiscal Impact) Resolution No. 279-19 ADOPTED by the following vote:

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

190516 [Agreement Amendment - Regents of the University of California - Behavioral Health Services - Not to Exceed $49,275,951] Resolution approving the first amendment to the agreement between the Department of Public Health and the Regents of the University of California for behavioral health services for high-risk clients to increase the amount by $39,659,443 for a total amount not to exceed $49,275,951; and to extend the contract by three and one-half years, to commence July 1, 2019, for a total contract term of July 1, 2018, through December 31, 2022. (Public Health Department) (Supervisor Haney dissented in committee.) (Fiscal Impact) Resolution No. 281-19 ADOPTED by the following vote:

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

190575 [Loan Documents - Small Sites Program and Preservation and Seismic Safety Loans for Affordable Housing - Not to Exceed $48,656,000] Sponsors: Mayor; Peskin and Ronen Resolution approving and authorizing the Director of the Mayor’s Office of Housing and Community Development to execute documents relating to loans for the acquisition, rehabilitation, or permanent financing of six project sites located at 1201 Powell Street, 462 Green Street, 4830 Mission Street, 3280-17th Street, 1411 Florida Street, and 65 Woodward Street, pursuant to the Small Sites Program and Preservation and Seismic Safety Program for a total loan amount not to exceed $48,656,000; confirming the Planning Department’s determination under the California Environmental Quality Act; and finding that the Project loans are consistent with the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Fiscal Impact) Resolution No. 282-19 ADOPTED by the following vote:

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

190576 [Authorizing Expenditures - SoMa Community Stabilization Fund - $919,954] Sponsors: Mayor; Haney Resolution authorizing the Mayor’s Office of Housing and Community Development to expend the South of Market (SoMa) Community Stabilization Fund dollars in the amount of $919,954 to address various impacts of destabilization on residents and businesses in SoMa from July 1, 2019, through June 30, 2020. (Mayor’s Office of Housing and Community Development) (Fiscal Impact) Resolution No. 283-19 ADOPTED by the following vote:

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

Absent: Mandelman, Mar

Recommendations of the Land Use and Transportation Committee Supervisor Mandelman was noted present at 3:01 p.m. Supervisor Peskin Excused from Voting Supervisor Peskin requested to be excused from voting on File No. 181107, due to a possible conflict of interest. Supervisor Ronen, seconded by Supervisor Fewer, moved that Supervisor Peskin be excused from voting on File No. 181107. The motion carried by the following vote:

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

Absent: Mar

Excused: Peskin

181107 [Planning Code - Landmark Designation - 524 Union Street (aka Paper Doll)] Ordinance amending the Planning Code to designate 524 Union Street (aka Paper Doll), Assessor’s Parcel Block No. 0103, Lot No. 009, as a Landmark under Article 10 of the Planning Code; affirming the Planning Department’s determination under the California Environmental Quality Act; and making public necessity, convenience, and welfare findings under Planning Code, Section 302, and findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Historic Preservation Commission) PASSED ON FIRST READING by the following vote:

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

Absent: Mar

Excused: Peskin

181153 [Planning Code - Regional Commercial and Folsom Street Neighborhood Commercial Transit Districts, Arts Activities and Nighttime Entertainment Uses] Sponsor: Haney Ordinance amending the Planning Code to allow Arts Activities as a principally permitted use in the RCD (Regional Commercial District), to conditionally permit Nighttime Entertainment uses within the RCD in historic buildings and buildings that contribute to a historic district and to principally permit such uses in Article 10 Landmark Building No. 120 (St. Joseph’s Church at 1401 Howard Street), to exempt Nighttime Entertainment in the RCD from the 200-foot buffer requirement, and to require a Preservation, Rehabilitation and Maintenance Plan for uses within the Folsom Street Neighborhood Commercial Transit and RCD Districts; affirming the Planning Department’s determination under the California Environmental Quality Act; making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1; and adopting findings of public necessity, convenience, and general welfare under Planning Code, Section 302. PASSED ON FIRST READING by the following vote:

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

Absent: Mar

[Planning, Business and Tax Regulations Codes - Accessory Dwelling Units in New Construction] Sponsor: Safai Ordinance amending the Planning Code and Business and Tax Regulations Code to authorize the addition of an Accessory Dwelling Unit in the construction of a new single-family home or multi-family building; clarifying the ministerial approval process and creating an expedited Board of Appeals process for certain Accessory Dwelling Units in single-family homes meeting specific requirements; affirming the Planning Department’s determination under the California Environmental Quality Act; making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1; and adopting findings of public necessity, convenience, and welfare under Planning Code, Section 302. Privilege of the floor was granted unanimously to Jon Givner (Office of the City Attorney) who responded to questions raised throughout the discussion. Supervisor Safai, seconded by Supervisor Peskin, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 22, Line 4, by striking ‘off street parking’. The motion carried by the following vote:

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

PASSED ON FIRST READING AS AMENDED by the following vote:

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

190413 [Administrative, Police Codes - Programs for the Vehicular Homeless and Use of Vehicles for Human Habitation] Sponsors: Brown; Safai, Fewer, Stefani, Mandelman, Haney, Mar, Walton, Ronen and Yee Ordinance amending the Administrative Code to revise the requirement for the Controller to submit reports concerning the Safe Overnight Parking Pilot Program, and amending the Police Code to create an exception for participants in the Safe Overnight Parking Pilot Program to the prohibition on using a vehicle for human habitation. PASSED ON FIRST READING by the following vote:

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

190328 [Mayoral Appointment, Treasure Island Development Authority Board of Directors - Ike Kwon] Motion approving the Mayoral appointment of Ike Kwon to the Treasure Island Development Authority Board of Directors, for the unexpired portion of a four-year term ending April 28, 2022. (Clerk of the Board) (Appointments of Directors who are not City officers are effective only upon approval by a majority of the Board of Supervisors. Transmittal date: Mach 21, 2019.) Motion No. M19-100 APPROVED by the following vote:

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

190609 [Reappointment, Child Care Planning and Advisory Council - Nur Jehan Khalique] Motion reappointing Nur Jehan Khalique, term ending March 19, 2022, to the Child Care Planning and Advisory Council. (Rules Committee) Motion No. M19-101 APPROVED by the following vote:

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

of the resulting property tax increase to residential tenants in accordance with Administrative Code, Chapter 37; finding that the estimated cost of $628,500,000 for such proposed project is and will be too great to be paid out of the ordinary annual income and revenue of the City and County and will require expenditures greater than the amount allowed therefor by the annual tax levy; reciting the estimated cost of such proposed project; fixing the maximum rate of interest on such bonds and providing for the levy and collection of taxes to pay both principal and interest; finding that a portion of the proposed bond is not a project under the California Environmental Quality Act (CEQA) and adopting findings under CEQA for the remaining portion of the proposed bond; finding that the proposed bond is in conformity with the eight priority policies of Planning Code, Section 101.1(b), and is consistent with the General Plan; complying with the restrictions on the use of bond proceeds specified in California Government Code, Section 53410; and waiving the time requirements specified in Administrative Code, Section 2.34. (Fiscal Impact) Resolution No. 280-19 ADOPTED by the following vote:

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

190651 [Final Map 9545 - 3900-3906 24th Street] Motion approving Final Map 9545, a two lot vertical subdivision, and a three residential and one commercial unit condominium project, located at 3900-3906 24th Street, being a subdivision of Assessor’s Parcel Block No. 3654, Lot No. 040; and adopting findings pursuant to the General Plan, and the priority policies of Planning Code, Section 101.1. (Public Works) Motion No. M19-102 APPROVED The foregoing items were acted upon by the following vote:

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