Board of Supervisors Minutes: July 9, 2019

190646 [Settlement of Lawsuit - Jarell Washington - $40,000] Ordinance authorizing settlement of the lawsuit filed by Jarell Washington against the City and County of San Francisco for $40,000; the lawsuit was filed on January 5, 2016, in San Francisco Superior Court, Case No. CGC-16-549718; entitled Jarell Washington v. City and County of San Francisco; the lawsuit involves an alleged personal injury at San Francisco General Hospital. (City Attorney) PASSED ON FIRST READING City and County of San Francisco Page 586 Printed at 2:12 pm on 8/20/19 Board of Supervisors Meeting Minutes 7/9/2019 The foregoing items were acted upon by the following vote:

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

Noes: None

Excused: Stefani

l and interest; prescribing notice to be given of such election; 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; consolidating the special election with the general election; establishing the election precincts, voting places, and officers for the election; waiving the word limitation on ballot propositions imposed by Municipal Elections Code, Section 510; complying with the restrictions on the use of bond proceeds specified in California Government Code, Section 53410; incorporating the provisions of Administrative Code, Sections 5.30-5.36; and waiving the time requirements specified in Administrative Code, Section 2.34. (Pursuant to California Government Code, Sections 43607 and 43608, this matter shall require a vote of two-thirds (8 votes) of all members of the Board of Supervisors to approve passage of this Ordinance.) Ordinance No. 159-19 FINALLY PASSED by the following vote:

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

Noes: None

Excused: Stefani

190625 [Appropriation - Public Utilities Commission - $12,218,229 - De-Appropriation and Re-Appropriation - Expenditures of $2,431,505 - Port Commission and Airport Commission - FY2019-2020] Sponsor: Mayor Ordinance appropriating $12,218,229 in the Public Utilities Commission, de-appropriating and re-appropriating $2,127,062 in the Airport Commission, and de-appropriating and re-appropriating $304,443 in the Port Commission; this Ordinance requires a two-thirds vote of all members of the Board of Supervisors for $12,195,582 in the Public Utilities Commission appropriations approval, $282,917 in the Airport Commission re-appropriations approval, and for $139,396 in the Port Commission re-appropriations, 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. 161-19 FINALLY PASSED by the following vote:

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

Noes: None

Excused: Stefani

Opportunities for Mental Health Loan Fund and Program] Sponsors: Ronen; Haney Ordinance amending the Administrative Code to establish the Cooperative Living Opportunities for Mental Health Loan Fund and the Cooperative Living Opportunities for Mental Health Program to finance the acquisition of residential properties to be operated as communal housing for people with chronic mental illness and/or substance use disorders; requiring the Mayor’s Office of Housing and Community Development and the Department of Public Health (“DPH”) to establish policies and procedures to issue loans from the Fund; and authorizing DPH to place eligible clients in properties financed by the Fund, and to provide oversight and monitoring of such properties. (Fiscal Impact) Supervisor Safai requested to be added as a co-sponsor. 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 Ronen, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 5, Line 25, by adding ‘appraisal of the Property’. The motion carried by the following vote:

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

Noes: None

Excused: Stefani

(Fiscal Impact) PASSED ON FIRST READING AS AMENDED by the following vote:

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

Noes: None

Excused: Stefani

190389 [Administrative Code - Castro Lesbian, Gay, Bisexual, Transgender, and Queer (LGBTQ) Cultural District] Sponsors: Mandelman; Brown, Ronen and Safai Ordinance amending the Administrative Code to establish the Castro Lesbian, Gay, Bisexual, Transgender, and Queer (LGBTQ) Cultural District in and around the Castro neighborhood; to require the Mayor’s Office of Housing and Community Development to submit written reports and recommendations to the Board of Supervisors and the Mayor describing the cultural attributes of the District and proposing strategies to acknowledge and preserve the cultural legacy of the District; and affirming the Planning Department’s determination under the California Environmental Quality Act. Ordinance No. 160-19 FINALLY PASSED by the following vote:

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

Noes: None

Excused: Stefani

eskin and Fewer Resolution determining and declaring that the public interest and necessity demand the construction, development, acquisition, improvement, rehabilitation, preservation and repair of affordable housing improvements and related costs necessary or convenient for the foregoing purposes; to be financed through bonded indebtedness in an amount not to exceed $600,000,000; authorizing landlords to pass-through 50% of the resulting property tax increase to residential tenants under Administrative Code, Chapter 37; providing for the levy and collection of taxes to pay both principal and interest on such bonds; adopting findings under the California Environmental Quality Act; and finding that the proposed bond is in conformity with the General Plan, and the eight priority policies of Planning Code, Section 101.1(b). (Pursuant to California Government Code, Sections 43607 and 43608, this matter shall require a vote of two-thirds (8 votes) of all members of the Board of Supervisors to approve passage of this Resolution.) (Fiscal Impact) Supervisors Mandelman, Mar, Haney, Peskin, and Fewer requested to be added as co-sponsors. Resolution No. 308-19 ADOPTED by the following vote:

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

Noes: None

Excused: Stefani

, acquisition, improvement, rehabilitation, preservation, and repair of affordable housing improvements, and related costs necessary or convenient for the foregoing purposes; authorizing landlords to pass-through 50% of the resulting property tax increase to residential tenants under Administrative Code Chapter 37; providing for the levy and collection of taxes to pay both principal and interest on such Bonds; incorporating the provisions of the Administrative Code relating to the Citizens’ General Obligation Bond Oversight Committee’s review of Affordable Housing Bond expenditures; setting certain procedures and requirements for the election; adopting findings under the California Environmental Quality Act; and finding that the proposed Bonds are in conformity with the General Plan, and with the eight priority policies of Planning Code, Section 101.1(b). (Pursuant to California Government Code, Sections 43607 and 43608, this matter shall require a vote of two-thirds (8 votes) of all members of the Board of Supervisors to approve passage of this Ordinance.) Supervisors Mar, Haney, Peskin, and Fewer requested to be added as co-sponsors. PASSED ON FIRST READING by the following vote:

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

Noes: None

Excused: Stefani

190666 [2019 General Obligation Affordable Housing Bond Report] Sponsors: Yee; Ronen and Mar Motion urging the Mayor’s Office of Housing and Community Development to update and amend the 2019 General Obligation Affordable Housing Bond Report to reflect the increase to the Bond amount, updated allocations of proposed funding, and proposed amendments on prioritized uses. Supervisor Mar requested to be added as a co-sponsor. Motion No. M19-107 APPROVED by the following vote:

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

Noes: None

Excused: Stefani

190425 [Castro/Upper Market Community Benefit District - Annual Report - FY2017-2018] Sponsor: Mandelman Resolution receiving and approving the annual report for the Castro/Upper Market Community Benefit District for FY2017-2018, submitted as required by the Property and Business Improvement District Law of 1994 (California Streets and Highways Code, Sections 36600, et seq.), Section 36650, and the District’s management agreement with the City, Section 3.4. (Department of Economic and Workforce Development) Resolution No. 307-19 ADOPTED by the following vote:

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

Noes: None

Excused: Stefani

190600 [Amendment to Memorandum of Understanding - San Francisco Local Agency Formation Commission - Term Extension] Sponsor: Fewer Resolution authorizing the General Manager of the San Francisco Public Utilities Commission to execute the fourth amendment to the Memorandum of Understanding with the San Francisco Local Agency Formation Commission, extending the term by one year, for a total agreement term of 12 years through FY2019-2020, with no change to the total amount not to exceed $2,100,000 pursuant to Charter, Section 9.118. (Public Utilities Commission) Resolution No. 310-19 ADOPTED by the following vote:

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

Noes: None

Excused: Stefani

n and related documents to the California Debt Limit Allocation Committee (“CDLAC”) to permit the issuance of residential mortgage revenue bonds in an aggregate principal amount not to exceed $48,000,000 for 500-520 Turk Street and 555 Larkin Street (San Francisco, California 94102); authorizing and directing the Director to direct the Controller’s Office to hold in trust an amount not to exceed $100,000 in accordance with CDLAC procedures; authorizing the Director to certify to CDLAC that the City has on deposit the required amount; authorizing the Director to pay an amount equal to such deposit to the State of California if the City fails to issue the residential mortgage revenue bonds; approving, for purposes of the Internal Revenue Code of 1986, as amended, the issuance and sale of residential mortgage revenue bonds by the City in an aggregate principal amount not to exceed $48,000,000; authorizing and directing the execution of any documents necessary to implement this Resolution; and ratifying and approving any action heretofore taken in connection with the Project, as defined herein, and the Application, as defined herein. Resolution No. 311-19 ADOPTED by the following vote:

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

Noes: None

Excused: Stefani

t an application and related documents to the California Debt Limit Allocation Committee (“CDLAC”) to permit the issuance of residential mortgage revenue bonds in an aggregate principal amount not to exceed $103,000,000 for 1064-1068 Mission Street (San Francisco, California 94103); authorizing and directing the Director to direct the Controller’s Office to hold in trust an amount not to exceed $100,000 in accordance with CDLAC procedures; authorizing the Director to certify to CDLAC that the City has on deposit the required amount; authorizing the Director to pay an amount equal to such deposit to the State of California if the City fails to issue the residential mortgage revenue bonds; approving, for purposes of the Internal Revenue Code of 1986, as amended, the issuance and sale of residential mortgage revenue bonds by the City in an aggregate principal amount not to exceed $103,000,000; authorizing and directing the execution of any documents necessary to implement this Resolution; and ratifying and approving any action heretofore taken in connection with the Project, as defined herein, and the Application, as defined herein. Resolution No. 312-19 ADOPTED by the following vote:

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

Noes: None

Excused: Stefani

190687 [Grant Agreement - 275-10th Street Associates, L.P. - Local Operating Subsidy Program Contract - Bishop Swing Community House, 275-10th Street - Not to Exceed $5,579,553] Sponsor: Mayor Resolution authorizing the Director of the Mayor’s Office of Housing and Community Development to execute a Local Operating Subsidy Program Grant Agreement with 275-10th Street Associates, L.P., a California limited partnership, to provide operating subsidies for formerly homeless adult households at Bishop Swing Community House, located at 275-10th Street, for the term of 15 years and six months from July 1, 2019, through December 31, 2034, in an amount not to exceed $5,579,553. (Fiscal Impact) Resolution No. 313-19 ADOPTED by the following vote:

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

Noes: None

Excused: Stefani

190688 [Grant Agreement - Mason Street Housing Associates, L.P. - Local Operating Subsidy Program Contract - 149 Mason Street Apartments, 149 Mason Street - Not to Exceed $18,135,164] Sponsor: Mayor Resolution authorizing the Director of the Mayor’s Office of Housing and Community Development to execute a Local Operating Subsidy Program Grant Agreement with Mason Street Housing Associates, L.P., a California limited partnership, to provide operating subsidies for formerly homeless adult households at 149 Mason Street Apartments, 149 Mason Street, for the term of 15 years and six months from July 1, 2019, through December 31, 2034, in an amount not to exceed $18,135,164. (Fiscal Impact) Resolution No. 314-19 ADOPTED by the following vote:

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

Noes: None

Excused: Stefani

190585 [Setting the Budget and Legislative Analyst Services Audit Plan - FY2019-2020] Sponsors: Mar; Brown and Yee Motion directing the Budget and Legislative Analyst to (1) conduct four performance audits in FY2019-2020 of (i) the effectiveness of the City departments’ pre-apprenticeship and workforce development and community benefits programs; (ii) the administration by the Department of Homelessness and Supportive Housing of homeless services; (iii) the policies and procedures of the Mayor’s Office of Housing and Community Development for the acquisition of sites for the development or preservation of affordable housing; and (iv) Public Works’ street resurfacing program and street tree maintenance program; and (2) removing from the FY2018-2019 audit work plan the performance audit of the City’s workforce development programs for low-income, homeless, and formerly homeless adults. Motion No. M19-108 APPROVED by the following vote:

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

Noes: None

Excused: Stefani

190492 [Liquor License Transfer - 475-6th Street - CloudKitchens] Resolution determining that the premise-to-premise transfer of a Type-21 off-sale general beer, wine, and distilled spirits liquor license to Bebidas Bananas Operations, LLC, doing business as CloudKitchens, located at 475-6th Street (District 6), 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. 315-19 ADOPTED by the following vote:

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

Noes: None

Excused: Stefani

190698 [Hearing - Appeal of Tentative Map Approval - 2146-2150 Union Street] Hearing of persons interested in or objecting to the decision of Public Works dated June 6, 2019, approving a Tentative Map for a three lot vertical subdivision and a four residential new condominium units project at 2146-2150 Union Street, Assessor's Parcel Block No. 0533, Lot No. 014. (District 2) (Appellants: Ronald Zagoria and Kathryn Zagoria) (Filed June 13, 2019) (Clerk of the Board) President Yee opened the public hearing and indicated a motion would be entertained to continue this appeal hearing and the associated items to a later meeting date. The President then inquired as to whether any individual wished to address the Board regarding the proposed continuance. There were no speakers. President Yee closed public comment on the continuance. Supervisor Peskin, seconded by Supervisor Safai, moved that this Hearing be CONTINUED to the Board of Supervisors meeting of July 16, 2019. The motion carried by the following vote:

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

Noes: None

Absent: Mandelman

Excused: Stefani

190699 [Approving Decision of Public Works and Approving Tentative Map - 2146-2150 Union Street] Motion approving the decision of Public Works and approving the Tentative Map for a three lot vertical subdivision and a four residential new condominium units project at 2146-2150 Union Street, Assessor's Parcel Block No. 0533, Lot No. 014; and making environmental findings, and findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Clerk of the Board) Supervisor Peskin, seconded by Supervisor Safai, moved that this Motion be CONTINUED to the Board of Supervisors meeting of July 16, 2019. The motion carried by the following vote:

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

Noes: None

Absent: Mandelman

Excused: Stefani

190700 [Conditionally Disapproving Decision of Public Works and Disapproving Tentative Map - 2146-2150 Union Street] Motion conditionally disapproving the decision of Public Works and disapproving the Tentative Map for a three lot vertical subdivision and a four residential new condominium units project at 2146-2150 Union Street, Assessor's Parcel Block No. 0533, Lot No. 014, subject to the Board of Supervisors’ adoption of written findings in support of the disapproval. (Clerk of the Board) Supervisor Peskin, seconded by Supervisor Safai, moved that this Motion be CONTINUED to the Board of Supervisors meeting of July 16, 2019. The motion carried by the following vote:

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

Noes: None

Absent: Mandelman

Excused: Stefani

190701 [Preparation of Findings Related to the Tentative Map - 2146-2150 Union Street] Motion directing the Clerk of the Board to prepare findings relating to the Board of Supervisors' decision to disapprove the Tentative Map for a three lot vertical subdivision and a four residential new condominium units project at 2146-2150 Union Street, Assessor's Parcel Block No. 0533, Lot No. 014. (Clerk of the Board) Supervisor Peskin, seconded by Supervisor Safai, moved that this Motion be CONTINUED to the Board of Supervisors meeting of July 16, 2019. The motion carried by the following vote:

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

Noes: None

Absent: Mandelman

Excused: Stefani

190562 [Resolution to Establish (Renew and Expand) - Union Square Business Improvement District] Sponsors: Peskin; Haney Resolution to establish (renew and expand) the property-based business improvement district known as the “Union Square Business Improvement District,” ordering the levy and collection of assessments against property located in that district for ten years commencing with FY2019-2020, subject to conditions as specified; and making environmental findings. (Department of Economic and Workforce Development) Supervisor Haney requested to be added as a co-sponsor. Angela Calvillo, Clerk of the Board, informed the Board of Supervisors that the returned weighted ballots voting for the Union Square Business Improvement District was 84.87%, and the returned weighted ballots voting against the Union Square Business Improvement District was 15.13%, further indicating there was no majority protest. Resolution No. 309-19 ADOPTED by the following vote:

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

Noes: None

Excused: Stefani

190747 [Final Map 9607 - 228-230 Clayton Street] Motion approving Final Map 9607, a five-unit residential condominium project, located at 228-230 Clayton Street, being a subdivision of Assessor’s Parcel Block No. 1210, Lot No. 024; and adopting findings pursuant to the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Public Works) Motion No. M19-111 APPROVED The foregoing items were acted upon by the following vote:

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

Noes: None

Excused: Stefani

190726 [Opposing California Assembly Bill No. 68 (Ting) - Accessory Dwelling Units - Unless Amended] Sponsor: Peskin Resolution opposing California State Assembly Bill No. 68, authored by Assembly Member Phil Ting, unless amended, to provide jurisdictional deference to the City and County of San Francisco and other early adopters of permissive Accessory Dwelling Unit regulations. Supervisor Peskin, seconded by Supervisor Safai, moved that this Resolution be CONTINUED to the Board of Supervisors meeting of July 16, 2019. The motion carried by the following vote:

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

Noes: None

Excused: Stefani

190738 [Urging the Department of Real Estate to Pursue an Option to Lease or Purchase Parcel - 888 Post Street - Navigation Center] Sponsors: Peskin; Haney Resolution urging the Department of Real Estate to pursue a financially feasible option to lease or purchase Assessor’s Parcel Block No. 0300, Lot No. 009, at 888 Post Street, for use as a Navigation Center and/or workforce development and multi-use service center serving homeless and/or formerly homeless individuals. Supervisor Haney requested to be added as a co-sponsor. Resolution No. 317-19 ADOPTED by the following vote:

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

Noes: None

Excused: Stefani

190748 [Final Map 9837 - Treasure Island] Motion approving phased Final Transfer Map No. 9837, portions of Treasure Island, a 98 lot subdivision, being a merger and re-subdivision of parcels N1.1.R1, N1.1.R2, N1.1.R4, N1.1.R6, N2.2, N3.1, N4, SPT1.3, STT1.4, STT1.5, STT1.6, STT1.7, STT1.8 and a portion of parcels N1.1.R3, N1.1.R5 and N3.2 as shown on Record of Survey No. 9035, together with Lot Nos. 17 and 21 of Final Map No. 9235, Assessor’s Parcel Block No. 1939, Lot Nos. 029, 030, 031, 032, 033, 034, 041, 042, 047, 048, 049, 050, 051, 077, 079, 080, 097, and 101, for financing and conveyancing purposes, subject to specific conditions; and acknowledging findings pursuant to the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Public Works) Supervisor Peskin, seconded by Supervisor Fewer, moved that this Motion be CONTINUED to the Board of Supervisors meeting of July 16, 2019. The motion carried by the following vote:

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

Noes: None

Excused: Stefani

190749 [Supporting AB 1054 (Holden) Only If Amended to Strike Amendments Undermining San Francisco’s Authority to Acquire Assets of Embattled Public Utilities] Sponsors: Peskin; Brown, Ronen, Fewer, Safai, Haney, Mandelman, Mar, Walton and Yee Resolution supporting Assembly Bill (AB) 1054 only if amended to remove language unrelated to the goal of stabilizing state utilities that would effectively undermine San Francisco’s ongoing efforts to assess and acquire Pacific, Gas & Electric (PG&E) assets and to provide safe and reliable utility service to its residents. President Yee inquired as to whether any member of the public wished to address the Board relating to the Resolution supporting Assembly Bill 1054 (Holden) only if it is amended, as referenced in File No. 190749. There were no speakers. The President declared public comment closed. Resolution No. 318-19 ADOPTED by the following vote:

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

Noes: None

Excused: Stefani