# Board of Supervisors Minutes: September 3, 2019 - Meeting date: 2019-09-03 - Document type: minutes - Pages in official PDF: 28 - [Canonical HTML transcript](https://sfbos.info/documents/612/2019-09-03-minutes) - [Authoritative City PDF](https://sfgov.legistar.com/View.ashx?M=M&ID=718205&GUID=856CF2A6-6A8A-43FC-A3D9-1CD3C74821F0) > This text was extracted for search and accessibility. The linked City PDF is the authoritative public record. ## Structured legislative records ### File 190214: Building Code - Fee Waiver for 100% Affordable Housing and Accessory Dwelling Units - Pages: 3-4 - Vote 1: final-passage, likely final - Action: 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 certain 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) Ordinance No. 207-19 FINALLY PASSED by the following vote: - Ayes: Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, Yee ### File 181211: Health, Planning, and Police Codes - Small Business Permit Streamlining - Pages: 4 - Vote 1: final-passage, likely final - Action: orhood commercial districts, to amend the definition of General Entertainment to include Amusement Game Arcade, to allow mechanical amusement games as a principally permitted use on the first story in the Haight Street Neighborhood Commercial District, to allow General Entertainment uses on higher floors in the Japantown Neighborhood Commercial District, to allow Limited Restaurant use as an Accessory Use, and to revise the Upper Market Neighborhood Commercial Transit (NCT) District to allow General Entertainment as a principal use on the first and second stories; amending the Police Code to eliminate certain duplicative inspections and signoffs in connection with Place of Entertainment permits, and amending the definition of Limited Live Performance Locale to remove the requirement for food and beverage service; 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, and public necessity, convenience, and welfare findings pursuant to Planning Code, Section 302. Ordinance No. 205-19 FINALLY PASSED by the following vote: - Ayes: Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, Yee ### File 190048: Planning Code - Building Standards - Pages: 4-5 - Vote 1: final-passage, likely final - Action: 190048 [Planning Code - Building Standards] Sponsor: Mandelman Ordinance amending the Planning Code to 1) require building setbacks for buildings fronting on narrow streets, 2) modify front yard requirements in Residential Districts, 3) increase required rear yards in single-family zoning districts by five percent, 4) amend the rear yard requirements for through lots and corner lots in certain districts to permit second buildings where specified conditions are met, and 5) allow building height increases to existing stories in existing nonconforming buildings in order to accommodate residential uses; 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. Ordinance No. 206-19 FINALLY PASSED by the following vote: - Ayes: Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, Yee ### File 180777: Planning Code - Conditional Use Authorization Required for Employee Cafeterias within Office Space - Pages: 5 - Vote 1: amendment - Action: 180777 [Planning Code - Conditional Use Authorization Required for Employee Cafeterias within Office Space] Sponsors: Safai; Peskin and Brown Ordinance amending the Planning Code to require a conditional use authorization for Employee Cafeterias, as defined, within office space, except for existing Employee Cafeterias; 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. Supervisor Safai, seconded by Supervisor Peskin, moved that this Ordinance be RE-REFERRED to the Land Use and Transportation Committee. The motion carried by the following vote: - Ayes: Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, Yee ### File 190594: Planning Code - Reorganization of Chinatown Mixed Use Districts - Pages: 5 - Vote 1: amendment - Action: 190594 [Planning Code - Reorganization of Chinatown Mixed Use Districts] Ordinance amending the Planning Code to revise the zoning control tables of the Chinatown Mixed Use Districts to make them consistent with those in Articles 2 and 7, to apply the use definitions in Section 102, to set an abandonment period for use size maximums, and to allow General Entertainment and Nighttime Entertainment Uses with conditional use authorization; 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. (Planning Commission) Supervisor Peskin, seconded by Supervisor Stefani, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 20, Line 13, on Page 31, Line 20, and Page 43, Line 8, by striking ‘Philanthropic Administrative Services’ as a use classification from all three Chinatown Mixed Use Districts; 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 - Vote 2: first-reading - Action: PASSED ON FIRST READING AS AMENDED by the following vote: - Ayes: Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, Yee ### File 190702: Planning Code - New Rooftop Floor Area or Building Volume on Noncomplying Structure Designated as a Significant Building - 5 Third Street - Pages: 5-6 - Vote 1: first-reading - Action: 190702 [Planning Code - New Rooftop Floor Area or Building Volume on Noncomplying Structure Designated as a Significant Building - 5 Third Street] Ordinance amending the Planning Code to permit new floor area or building volume on the rooftop of a noncomplying structure that is designated as a Significant Building under Planning Code, Article 11, located on Assessor’s Parcel Block No. 3707 (5 Third Street), provided that the rooftop has an existing parapet at least 17 feet in height along the primary building frontage; 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 making findings of public necessity, convenience, and welfare under Planning Code, Section 302. (Planning Department) PASSED ON FIRST READING by the following vote: - Ayes: Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, Yee ### File 190728: Liquor License - 1519 Polk Street - Ora - Pages: 6 - Vote 1: adoption, likely final - Action: 190728 [Liquor License - 1519 Polk Street - Ora] Resolution determining that the issuance of a Type-42 on-sale beer and wine public premises liquor license to Nunovi, LLC, doing business as Ora, located at 1519 Polk Street (District 3), will serve the public convenience or necessity of the City and County of San Francisco; 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. 381-19 ADOPTED by the following vote: - Ayes: Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, Yee ### File 190657: Administrative Code - San Francisco Special Tax Financing Law - Port of San Francisco - Pages: 6 - Vote 1: first-reading - Action: 190657 [Administrative Code - San Francisco Special Tax Financing Law - Port of San Francisco] Sponsor: Mayor Ordinance amending the San Francisco Administrative Code Special Tax Financing Law, constituting Article 43.10, to authorize special tax financing of certain facilities and services related to property in the jurisdiction of the Port of San Francisco. PASSED ON FIRST READING by the following vote: - Ayes: Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, Yee ### File 190826: Hearing - Appeal of Determination of Community Plan Evaluation - 655 Fourth Street - Pages: 7 ### File 190827: Affirming the Community Plan Evaluation - 655 Fourth Street - Pages: 7 - Vote 1: approval, likely final - Action: 190827 [Affirming the Community Plan Evaluation - 655 Fourth Street] Motion affirming the determination by the Planning Department that a proposed project at 655 Fourth Street is exempt from further environmental review under a Community Plan Evaluation. (Clerk of the Board) Motion No. M19-132 Supervisor Haney, seconded by Supervisor Mandelman, moved that this Motion be APPROVED. The motion carried by the following vote: - Ayes: Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, Yee ### File 190828: Conditionally Reversing the Community Plan Evaluation - 655 Fourth Street - Pages: 7-8 - Vote 1: tabling - Action: 190828 [Conditionally Reversing the Community Plan Evaluation - 655 Fourth Street] Motion conditionally reversing the determination by the Planning Department that the proposed project at 655 Fourth Street is exempt from further environmental review under a Community Plan Evaluation, subject to the adoption of written findings of the Board in support of this determination. (Clerk of the Board) Supervisor Haney, seconded by Supervisor Mandelman, moved that this Motion be TABLED. The motion carried by the following vote: - Ayes: Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, Yee ### File 190829: Preparation of Findings to Reverse the Community Plan Evaluation - 655 Fourth Street - Pages: 8 - Vote 1: tabling - Action: 190829 [Preparation of Findings to Reverse the Community Plan Evaluation - 655 Fourth Street] Motion directing the Clerk of the Board to prepare findings reversing a Community Plan Evaluation determination by the Planning Department that a proposed project at 655 Fourth Street is exempt from further environmental review under a Community Plan Evaluation. (Clerk of the Board) Supervisor Haney, seconded by Supervisor Mandelman, moved that this Motion be TABLED. The motion carried by the following vote: - Ayes: Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, Yee ### File 190653: Hearing - Committee of the Whole - Street and Public Service Easement Vacation Order - Mission Rock Project - September 3, 2019 - Pages: 8-9 ### File 190654: Street and Public Service Easement Vacation Order - Mission Rock Project - Pages: 9 - Vote 1: first-reading - Action: 190654 [Street and Public Service Easement Vacation Order - Mission Rock Project] Sponsors: Mayor; Haney Ordinance ordering the street vacation of the entirety of Seawall Lot 337 (located east of Third Street between China Basin Channel and Mission Rock Street, including China Basin Park) and portions of Terry A. Francois Boulevard along with public service easements in connection with the Mission Rock Project; reserving various temporary rights in favor of the City and PG&E, subject to conditions specified in this Ordinance; authorizing official acts in connection with this Ordinance, as defined herein; adopting findings 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. Although it was not required, Supervisor Peskin, seconded by Supervisor Safai, moved that this Ordinance be PASSED ON FIRST READING. The motion carried by the following vote: - Ayes: Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, Yee ### File 190862: Hearing - Committee of the Whole - Street Vacation - Potrero HOPE SF Project - Phase 2 - September 3, 2019 - Pages: 9-10 ### File 190707: Street Vacation - Potrero HOPE SF Project - Phase 2 - Pages: 10 - Vote 1: first-reading - Action: ; Walton Ordinance ordering the vacation of streets in the Potrero HOPE SF Project - Phase 2 (Blocks A and B) site, generally bounded by 25th Street on the north, 26th Street on the south, Wisconsin Street on the west, and Connecticut Street on the east; allowing a reservation of rights for electric utilities access at the southwest corner of 25th Street and Wisconsin Street and required pedestrian access; authorizing the City to quitclaim its interest in the vacation areas to the San Francisco Housing Authority; 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, including transmittal of the Ordinance by the Clerk of the Board of Supervisors to the Public Works Director for purposes of recordation of property rights. Although it was not required, Supervisor Safai, seconded by Supervisor Haney, moved that this Ordinance be PASSED ON FIRST READING. The motion carried by the following vote: - Ayes: Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, Yee ### File 190889: Closed Session - Existing Litigation - Pacific Gas and Electric Company - September 3, 2019 - Pages: 12-13 - Vote 1: continuance - Action: mber 3, 2019. The following Supervisors were noted present: Supervisors Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, and Yee City and County of San Francisco Page 737 Printed at 3:23 pm on 9/30/19 Board of Supervisors Meeting Minutes 9/3/2019 Persons in attendance: Jon Givner and Theresa Mueller, Deputy City Attorneys (Office of the City Attorney); Harlan Kelly, Jr., Director, Barbara Hale, Juliet Ellis, and Eric Sandler (Public Utilities Commission); Randy Wu; and Angela Calvillo, Clerk of the Board, and Alisa Somera, Legislative Deputy Director (Office of the Clerk of the Board). Supervisor Safai was noted absent at 5:34 p.m. and for the remainder of the meeting. Matter was heard in closed session, no action was taken, and the hearing was filed. RECONVENED AS THE BOARD OF SUPERVISORS The Board reconvened at the hour of 5:39 p.m. The following Supervisors were noted present: Supervisors Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Stefani, Walton, and Yee Supervisor Peskin, seconded by Supervisor Walton, moved that this Closed Session be CONTINUED to the Board of Supervisors meeting of October 1, 2019. The motion carried by the following vote: - Ayes: Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Stefani, Walton, Yee - Absent: Safai - Vote 2: other - Action: [Elect Not to Disclose] Motion that the Board finds that it is in the best interest of the public that the Board elect at this time not to disclose its closed session deliberations. Supervisor Peskin, seconded by Supervisor Walton, moved not to disclose its Closed Session deliberations. The motion carried by the following vote: - Ayes: Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Stefani, Walton, Yee - Absent: Safai ### File 190854: Urging Plan Approval - Interdepartmental Staff Committee on Traffic and Transportation - Folsom Street Fair with Gated Entry - Pages: 13-14 ### File 190887: Closed Session - Existing Litigation - Pacific Gas and Electric Company - September 3, 2019 - Pages: 14 - Vote 1: approval, likely final - Action: ; Federal Energy Regulatory Commission Case No. ER17-2181-000, filed July 31, 2017; Federal Energy Regulatory Commission Case No. ER17-2204, filed July 31, 2017; Federal Energy Regulatory Commission Case No. ER17-1509-000, filed May 1, 2017; Federal Energy Regulatory Commission Case No. ER17-910-000, filed January 31, 2017; Federal Energy Regulatory Commission Case No. EL15-3-000, filed October 10, 2014; Federal Energy Regulatory Commission Case No. ER15-702-000, filed December 23, 2014; Federal Energy Regulatory Commission Case No. ER15-703-000, filed December 23, 2014; Federal Energy Regulatory Commission Case No. ER15-704-000, filed December 23, 2014; Federal Energy Regulatory Commission Case No. ER15-705-000, filed December 23, 2014; Federal Energy Regulatory Commission Case No. ER15-735-000, filed December 23, 2014; California Public Utilities Commission Case No. I.15-08-019, filed February 25, 2015; California Public Utilities Commission Case No. R.18-10-007, filed October 25, 2018; and California Public Utilities Commission Case No. R.19-01-006, filed January 10, 2019. (Clerk of the Board) Motion No. M19-133 APPROVED The foregoing items were acted upon by the following vote: - Ayes: Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, Yee ### File 190841: Declaring the National Rifle Association as a Domestic Terrorist Organization - Pages: 14-15 - Vote 1: adoption, likely final - Action: 190841 [Declaring the National Rifle Association as a Domestic Terrorist Organization] Sponsor: Stefani Resolution declaring that the National Rifle Association is a domestic terrorist organization and urging other cities, states, and the federal government to do the same. Resolution No. 382-19 ADOPTED by the following vote: - Ayes: Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, Yee ### File 190857: Urging Urgent Homelessness Policy Changes - Pages: 15 - Vote 1: adoption, likely final - Action: 190857 [Urging Urgent Homelessness Policy Changes] Sponsors: Yee; Haney, Fewer, Peskin, Brown, Stefani and Walton Resolution urging the Department of Homelessness and Supportive Housing to implement urgent policy changes to serve pregnant individuals, families living in single room occupancy units or doubled-up families; and urging the Department to pursue additional policy changes in coordination with the Board of Supervisors. Supervisors Stefani and Walton requested to be added as co-sponsors. ADOPTED by the following vote: - Ayes: Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, Yee - Vote 2: rescission - Action: Supervisor Peskin, seconded by Supervisor Ronen, moved to rescind the previous vote. The motion carried by the following vote: - Ayes: Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Stefani, Walton, Yee - Absent: Safai - Vote 3: amendment - Action: Supervisor Yee, seconded by Supervisor Peskin, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, by adding verbiage to clarify the difference between the City and County of San Francisco’s and the U.S. Housing and Urban Development’s definition of ‘homelessness’ and their corresponding rate of increase; by adding verbiage to include ‘Family Coordinated Entry Standards’ to the policies the Board is urging to be modified and applied; by clarifying that families living in SROs or doubled-up housing should be subject to these policies; 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 - Vote 4: adoption, likely final - Action: Resolution No. 384-19 Although it was not required, Supervisor Haney, seconded by Supervisor Walton, moved that this Resolution be ADOPTED AS AMENDED. The motion carried by the following vote: - Ayes: Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, Yee ### File 190895: Authorizing Certificates of Participation - Multiple Capital Improvement Projects - Not to Exceed $94,600,000 - Pages: 16-17 ### File 190896: Authorizing Certificates of Participation - Multiple Capital Improvement Projects - Not to Exceed $62,000,000 - Pages: 17 ### File 190897: Appropriation - Certificates of Participation to the General Services Agency to Fund Tenant Improvement Costs for the Hall of Justice Improvement Project - $62,000,000 - FY2019-2020 - Pages: 17 ### File 190898: Appropriation - Certificates of Participation to the General Services Agency to Fund Site Acquisition Costs for the Hall of Justice Relocation Project - $78,600,000 - FY2019-2020 - Pages: 17-18 ### File 190899: Administrative Code - Temporarily Displaced Tenant Preference in City Affordable Housing - Compliance with Right to Return for Temporarily Displaced Tenants - Pages: 18 ### File 190844: Planning Code, Zoning Map - 3333 California Street Special Use District - Pages: 18 ### File 190845: Development Agreement - Laurel Heights Partners, LLC - 3333 California Street Project - California Street at Presidio Avenue - Pages: 18-19 ### File 190900: Certificates of Participation - 49 South Van Ness Project - Official Statement - Pages: 19 ### File 190901: Designation of Agents Authorized to Obtain Disaster and Emergency Assistance Funding - Pages: 19 ### File 190902: Apply for Grant Application - United States Department of Housing and Urban Development - Continuum of Care Program - Not to Exceed $51,175,586 - Pages: 19 ### File 190903: Accept and Expend In-Kind Grant - Retroactive - San Francisco Parks Alliance - Community Events, Staff Development, Recreation Programming - FY2017-2018 - Valued at Approximately $111,541 - Pages: 19 ### File 190904: Accept and Expend Grant - Retroactive - California Department of State Hospitals - Pre-Trial Felony Mental Health Diversion Program - $2,300,400 - Pages: 19-20 ### File 190768: Contract Amendment - Heluna Health - Comprehensive Outreach and Case Management Programming - Not to Exceed $39,133,942 - Pages: 20 ### File 190905: Eagle Plaza Commemorative Street Plaques - 12th Street Sidewalk at Harrison Street - Pages: 20 ### File 190906: Amended and Restatement of Lease - Java House Restaurant - $4,000 Monthly Base Rent - Pages: 20 ### File 190907: Street Name Change - Gilbert Street to Jeff Adachi Way - Pages: 20-21 ### File 190908: Interim Zoning Controls - Conditional Use Authorization for Conversion of Residential Care Facilities to Other Uses - Pages: 21 ### File 190909: Condemning the Shooting of and Urging Repatriation for Brandon Lee - Urging a Congressional Investigation, Hearing, and the Suspension of United States Aid to the Philippine Military and Police - Pages: 21 ### File 190910: Accept and Expend Gift - San Francisco 722 Montgomery, LLC - Citywide Affordable Housing Fund - $100,000 - Pages: 21-22 ### File 190863: Mayoral Appointment, Historic Preservation Commission - Chris Foley - Pages: 22 ### File 190864: Mayoral Appointment, Historic Preservation Commission - Lydia So - Pages: 22 ### File 190894: Appointment, Association of Bay Area Governments, Executive Board Regional Planning Committee - Supervisor Rafael Mandelman - Pages: 22 ### File 190912: Hearing - Status of San Francisco's Use of Lanterman-Petris Short Conservatorships - Pages: 22-23 ### File 190913: Hearing - Removal of 41 Long-Term Beds from the Adult Residential Facility - Pages: 23-24 ### File 190643: Administrative Code - Implementing the Charter’s Privacy First Policy - Pages: 24 ### File 190869: Administrative Code - Farmers’ Markets and Flea Markets - Pages: 24-25 ### File 190870: Settlement of Lawsuit - Yvonne Marie Ellis - $33,000 - Pages: 25 ### File 190871: Settlement of Lawsuit - Michael Pannone - $30,000 - Pages: 25 ### File 190872: Settlement of Lawsuit - Katharine Savin - $40,000 - Pages: 25 ### File 190873: Settlement of Lawsuit - The Roman Catholic Archbishop of San Francisco, et al. - City to Receive $913,970 from U.S. Pipe & Foundry Company - Pages: 25 ### File 190874: Settlement of Unlitigated Claim - Property & Casualty Company of Hartford - $73,273 - Appropriation - Water Enterprise Fund Balance - Pages: 25-26 ### File 190875: Settlement of Lawsuit - Kai Kopp - $40,000 - Pages: 26 ### File 190876: Settlement of Lawsuit - Abuon Mayen - $225,000 - Appropriation - Water Enterprise Fund Balance - Pages: 26 ### File 190877: Contract Amendment - CCT Technologies, Inc. - Technology Marketplace - Not to Exceed $23,000,000 - Pages: 26 ### File 190878: Contract Amendment - XTech JV - Technology Marketplace - Not to Exceed $44,000,000 - Pages: 26-27 ### File 190879: Grant of Easement and Acceptance of Quitclaim - Pacific Gas & Electric Company - Airport West-of-Bayshore Property - Replacement of Natural Gas Pipeline - $0 - Pages: 27 ### File 190880: 2011 Airport Lease and Use Agreement - El Al Israel Airlines Limited - Estimated Rent $1,300,879.46 - Pages: 27 ### File 190881: Lease Agreement - MRG San Francisco, LLC - Terminal 2 Specialty Retail Lease No. 2 - $225,000 Minimum Annual Guarantee - Pages: 27 ### File 190883: Office of the Treasurer & Tax Collector to Examine Confidential California Department of Tax and Fee Administration Records - Pages: 27-28 ### File 190884: Settlement of Unlitigated Claim - Federal Insurance Company - $47,766.59 - Pages: 28 ### File 190885: Settlement of Unlitigated Claim - The Mint Collection HOA - $35,147.30 - Pages: 28 ## Extracted text ### [Page 1](https://sfbos.info/documents/612/2019-09-03-minutes#page-1) BOARD OF SUPERVISORS CITY AND COUNTY OF SAN FRANCISCO MEETING MINUTES Tuesday, September 3, 2019 - 2:00 PM Legislative Chamber, Room 250 City Hall, 1 Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 Regular Meeting NORMAN YEE, PRESIDENT VALLIE BROWN, SANDRA LEE FEWER, MATT HANEY, RAFAEL MANDELMAN, GORDON MAR, AARON PESKIN, HILLARY RONEN, AHSHA SAFAI, CATHERINE STEFANI, SHAMANN WALTON Angela Calvillo, Clerk of the Board BOARD COMMITTEES Committee Membership Meeting Days Budget and Finance Committee Wednesday Supervisors Fewer, Stefani, Mandelman 10:00 AM Government Audit and Oversight Committee 1st and 3rd Thursday Supervisors Mar, Brown, Peskin 10:00 AM Joint City, School District, and City College Select Committee 2nd Friday Supervisors Haney, Walton, Mar (Alt), Commissioners Cook, Collins, Moliga (Alt), 10:00 AM Trustees Randolph, Williams, Selby (Alt) Land Use and Transportation Committee Monday Supervisors Peskin, Safai, Haney 1:30 PM Public Safety and Neighborhood Services Committee 2nd and 4th Thursday Supervisors Mandelman, Stefani, Walton 10:00 AM Rules Committee Monday Supervisors Ronen, Walton, Mar 10:00 AM First-named Supervisor is Chair, Second-named Supervisor is Vice-Chair of the Committee. Volume 114 Number 27 ### [Page 2](https://sfbos.info/documents/612/2019-09-03-minutes#page-2) Board of Supervisors Meeting Minutes 9/3/2019 Members Present: Vallie Brown, Sandra Lee Fewer, Matt Haney, Rafael Mandelman, Gordon Mar, Aaron Peskin, Hillary Ronen, Ahsha Safai, Catherine Stefani, Shamann Walton, and Norman Yee The Board of Supervisors of the City and County of San Francisco met in regular session on Tuesday, September 3, 2019, with President Norman Yee presiding. President Yee called the meeting to order at 2:02 p.m. ROLL CALL AND PLEDGE OF ALLEGIANCE On the call of the roll, Supervisors Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Walton, and Yee were noted present. Supervisors Brown and Stefani were noted not present. A quorum was present. Supervisors Brown and Stefani were noted present at 2:03 p.m. COMMUNICATIONS There were no communications. APPROVAL OF MEETING MINUTES President Yee inquired whether any Board Member had any corrections to the July 9, 2019, July 16, 2019, or July 23, 2019, Regular Board Meeting Minutes, or the July 11, 2019, Special Meeting Minutes at a Rules Committee Meeting, which constituted a quorum of the Board of Supervisors. There were no corrections requested. Supervisor Brown, seconded by Supervisor Mandelman, moved to approve the July 9, 2019, July 16, 2019, and July 23, 2019, Regular Board Meeting Minutes, and the July 11, 2019, Special Meeting Minutes at a Rules Committee Meeting, which constituted a quorum of the Board of Supervisors. The motion carried by the following vote, following general public comment: Ayes: 11 - Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, Yee AGENDA CHANGES There were no agenda changes. City and County of San Francisco Page 727 Printed at 3:23 pm on 9/30/19 ### [Page 3](https://sfbos.info/documents/612/2019-09-03-minutes#page-3) Board of Supervisors Meeting Minutes 9/3/2019 REGULAR AGENDA UNFINISHED BUSINESS Recommendation of the Government Audit and Oversight Committee 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 certain 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) Ordinance No. 207-19 FINALLY PASSED by the following vote: Ayes: 11 - Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, Yee City and County of San Francisco Page 728 Printed at 3:23 pm on 9/30/19 ### [Page 4](https://sfbos.info/documents/612/2019-09-03-minutes#page-4) Board of Supervisors Meeting Minutes 9/3/2019 Referred Without Recommendation from the Land Use and Transportation Committee 181211 [Health, Planning, and Police Codes - Small Business Permit Streamlining] Sponsors: Mayor; Brown Ordinance to streamline small business permitting by, among other things, amending the Health Code to align regulation of restaurant enclosures for outdoor food service and restroom requirements with state standards; amending the Planning Code to clarify that Type 2 (winegrower) and Type 23 (small beer manufacturer) liquor licenses may be used in conjunction with a Bar or Restaurant use, to amend the definition of a Bar to provide for consistent treatment of Type 64 liquor licenses, to modify Nighttime Entertainment use food service requirements, to reduce the distance measured for Retail Sales and Services uses in Neighborhood Commercial zoning districts to certain neighborhood commercial districts, to amend the use limitation provisions for nonconforming uses in RH (Residential, House), RM (Residential Mixed), and RTO (Residential, Transit-Oriented) districts to certain neighborhood commercial districts, to amend the definition of General Entertainment to include Amusement Game Arcade, to allow mechanical amusement games as a principally permitted use on the first story in the Haight Street Neighborhood Commercial District, to allow General Entertainment uses on higher floors in the Japantown Neighborhood Commercial District, to allow Limited Restaurant use as an Accessory Use, and to revise the Upper Market Neighborhood Commercial Transit (NCT) District to allow General Entertainment as a principal use on the first and second stories; amending the Police Code to eliminate certain duplicative inspections and signoffs in connection with Place of Entertainment permits, and amending the definition of Limited Live Performance Locale to remove the requirement for food and beverage service; 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, and public necessity, convenience, and welfare findings pursuant to Planning Code, Section 302. Ordinance No. 205-19 FINALLY PASSED by the following vote: Ayes: 11 - Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, Yee Recommendation of the Land Use and Transportation Committee 190048 [Planning Code - Building Standards] Sponsor: Mandelman Ordinance amending the Planning Code to 1) require building setbacks for buildings fronting on narrow streets, 2) modify front yard requirements in Residential Districts, 3) increase required rear yards in single-family zoning districts by five percent, 4) amend the rear yard requirements for through lots and corner lots in certain districts to permit second buildings where specified conditions are met, and 5) allow building height increases to existing stories in existing nonconforming buildings in order to accommodate residential uses; 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. Ordinance No. 206-19 FINALLY PASSED by the following vote: Ayes: 11 - Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, Yee City and County of San Francisco Page 729 Printed at 3:23 pm on 9/30/19 ### [Page 5](https://sfbos.info/documents/612/2019-09-03-minutes#page-5) Board of Supervisors Meeting Minutes 9/3/2019 NEW BUSINESS Recommendations of the Land Use and Transportation Committee 180777 [Planning Code - Conditional Use Authorization Required for Employee Cafeterias within Office Space] Sponsors: Safai; Peskin and Brown Ordinance amending the Planning Code to require a conditional use authorization for Employee Cafeterias, as defined, within office space, except for existing Employee Cafeterias; 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. Supervisor Safai, seconded by Supervisor Peskin, moved that this Ordinance be RE-REFERRED to the Land Use and Transportation Committee. The motion carried by the following vote: Ayes: 11 - Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, Yee 190594 [Planning Code - Reorganization of Chinatown Mixed Use Districts] Ordinance amending the Planning Code to revise the zoning control tables of the Chinatown Mixed Use Districts to make them consistent with those in Articles 2 and 7, to apply the use definitions in Section 102, to set an abandonment period for use size maximums, and to allow General Entertainment and Nighttime Entertainment Uses with conditional use authorization; 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. (Planning Commission) Supervisor Peskin, seconded by Supervisor Stefani, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 20, Line 13, on Page 31, Line 20, and Page 43, Line 8, by striking ‘Philanthropic Administrative Services’ as a use classification from all three Chinatown Mixed Use Districts; and making other clarifying and conforming changes. The motion carried by the following vote: Ayes: 11 - Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, Yee PASSED ON FIRST READING AS AMENDED by the following vote: Ayes: 11 - Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, Yee 190702 [Planning Code - New Rooftop Floor Area or Building Volume on Noncomplying Structure Designated as a Significant Building - 5 Third Street] Ordinance amending the Planning Code to permit new floor area or building volume on the rooftop of a noncomplying structure that is designated as a Significant Building under Planning Code, Article 11, located on Assessor’s Parcel Block No. 3707 (5 Third Street), provided that the rooftop has an existing parapet at least 17 feet in height along the primary building frontage; 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 making findings of public necessity, convenience, and welfare under Planning Code, Section 302. (Planning Department) PASSED ON FIRST READING by the following vote: Ayes: 11 - Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, Yee City and County of San Francisco Page 730 Printed at 3:23 pm on 9/30/19 ### [Page 6](https://sfbos.info/documents/612/2019-09-03-minutes#page-6) Board of Supervisors Meeting Minutes 9/3/2019 Recommendation of the Public Safety and Neighborhood Services Committee 190728 [Liquor License - 1519 Polk Street - Ora] Resolution determining that the issuance of a Type-42 on-sale beer and wine public premises liquor license to Nunovi, LLC, doing business as Ora, located at 1519 Polk Street (District 3), will serve the public convenience or necessity of the City and County of San Francisco; 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. 381-19 ADOPTED by the following vote: Ayes: 11 - Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, Yee Recommendation of the Rules Committee 190657 [Administrative Code - San Francisco Special Tax Financing Law - Port of San Francisco] Sponsor: Mayor Ordinance amending the San Francisco Administrative Code Special Tax Financing Law, constituting Article 43.10, to authorize special tax financing of certain facilities and services related to property in the jurisdiction of the Port of San Francisco. PASSED ON FIRST READING by the following vote: Ayes: 11 - Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, Yee SPECIAL ORDER 2:30 P.M. - Recognition of Commendations Supervisor Haney, seconded by Supervisor Mandelman, moved to suspend Rule 5.36 of the Rules of Order of the Board of Supervisors to grant privilege of the floor to the following guests. The motion carried by the following vote: Ayes: 11 - Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, Yee Supervisor Haney introduced, welcomed, and presented Certificates of Honor to Acting Section Chief Niels Tanglerini, Paramedic Eddie Bird, and Officers Matthew Parker, Joseph Dal Porto, Andrew Clifford, Bryson Holbrook, Jordan Townsend, Christopher Costa, Steven Orengo, Niko Ledesma, and John Tynes - the first responders team within the Police Department and Fire Department, on the occasion of Overdose Awareness Day and in recognition of their tireless efforts assisting patients by reversing overdoses and combatting drug use. Supervisor Mandelman introduced, welcomed, and presented a Certificate of Honor to Gary Weiss (Corbett Heights Neighborhood Association) in recognition of his decades of service and advocacy for District 8 and the Corbett Heights neighborhood. City and County of San Francisco Page 731 Printed at 3:23 pm on 9/30/19 ### [Page 7](https://sfbos.info/documents/612/2019-09-03-minutes#page-7) Board of Supervisors Meeting Minutes 9/3/2019 SPECIAL ORDER 3:00 P.M. President Yee requested File Nos. 190826, 190827, 190828, and 190829 be called together. 190826 [Hearing - Appeal of Determination of Community Plan Evaluation - 655 Fourth Street] Hearing of persons interested in or objecting to a Community Plan Evaluation by the Planning Department under the California Environmental Quality Act issued on June 11, 2019, for the proposed project at 655 Fourth Street, approved on June 20, 2019, to demolish three existing buildings, associated parking lots, and vegetation; merge seven existing lots and construct two new buildings containing approximately 1,003,970 square feet of residential area, 24,500 square feet of hotel area (38 hotel rooms), 21,840 square feet of office area, and approximately 18,454 square feet of ground-floor retail use; consisting of approximately 960 dwelling units in a mix of 242 studios, 330 one-bedroom units, 351 two-bedroom units, 37 three-bedroom condominiums; each building having two towers: one rising to a height of 425 feet aboveground, and the second which would rise to a height of 370 feet aboveground; including 94,500-square-foot below-grade, four level garage. (District 6) (Appellant: Kevin Rudich and Michael Cruz, on behalf of the 601 Fourth Street Coalition) (Filed July 22, 2019) (Clerk of the Board) President Yee opened the public hearing, Angela Calvillo, Clerk of the Board, informed the Board that correspondence was received from the appellant withdrawing this appeal, and Supervisor Haney provided brief remarks regarding the project. There were no other speakers. The President closed public comment and declared the public hearing heard and filed. HEARD AND FILED 190827 [Affirming the Community Plan Evaluation - 655 Fourth Street] Motion affirming the determination by the Planning Department that a proposed project at 655 Fourth Street is exempt from further environmental review under a Community Plan Evaluation. (Clerk of the Board) Motion No. M19-132 Supervisor Haney, seconded by Supervisor Mandelman, moved that this Motion be APPROVED. The motion carried by the following vote: Ayes: 11 - Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, Yee 190828 [Conditionally Reversing the Community Plan Evaluation - 655 Fourth Street] Motion conditionally reversing the determination by the Planning Department that the proposed project at 655 Fourth Street is exempt from further environmental review under a Community Plan Evaluation, subject to the adoption of written findings of the Board in support of this determination. (Clerk of the Board) Supervisor Haney, seconded by Supervisor Mandelman, moved that this Motion be TABLED. The motion carried by the following vote: Ayes: 11 - Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, Yee City and County of San Francisco Page 732 Printed at 3:23 pm on 9/30/19 ### [Page 8](https://sfbos.info/documents/612/2019-09-03-minutes#page-8) Board of Supervisors Meeting Minutes 9/3/2019 190829 [Preparation of Findings to Reverse the Community Plan Evaluation - 655 Fourth Street] Motion directing the Clerk of the Board to prepare findings reversing a Community Plan Evaluation determination by the Planning Department that a proposed project at 655 Fourth Street is exempt from further environmental review under a Community Plan Evaluation. (Clerk of the Board) Supervisor Haney, seconded by Supervisor Mandelman, moved that this Motion be TABLED. The motion carried by the following vote: Ayes: 11 - Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, Yee SPECIAL ORDER 3:00 P.M. President Yee requested File Nos. 190653 and 190654 be called together. Board of Supervisors Sitting as a Committee of the Whole 190653 [Hearing - Committee of the Whole - Street and Public Service Easement Vacation Order - Mission Rock Project - September 3, 2019] Hearing of the Board of Supervisors sitting as a Committee of the Whole on September 3, 2019, at 3:00 p.m., to hold a public hearing to consider the proposed Ordinance (File No. 190654) ordering the street vacation of the entirety of Seawall Lot 337 (located east of Third Street between China Basin Channel and Mission Rock Street, including China Basin Park) and portions of Terry A. Francois Boulevard along with public service easements in connection with the Mission Rock Project; reserving various temporary rights in favor of the City and PG&E, subject to conditions specified in the Ordinance; authorizing official acts in connection with the Ordinance, as defined therein; adopting findings 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; scheduled pursuant to Resolution No. 331-19 (File No. 190652), approved on July 26, 2019. (Clerk of the Board) President Yee opened the public hearing and inquired as to whether any member of the public wished to address the Committee of the Whole relating to the street and public service easement vacation order in the Mission Rock project, as referenced in File No. 190654. Supervisor Haney provided brief remarks regarding the project. Michael Wright; Speaker; Francisco Da Costa; spoke in opposition to the street and public service easement vacation order. Walter Paulson; shared various concerns related to the street and public service easement vacation order. Phil Williamson (Port of San Francisco); provided additional information and answered questions raised throughout the discussions. There were no other speakers. The President declared public comment closed, adjourned as the Committee of the Whole, and reconvened as the Board of Supervisors. HEARD AND FILED Committee of the Whole Adjourn and Report City and County of San Francisco Page 733 Printed at 3:23 pm on 9/30/19 ### [Page 9](https://sfbos.info/documents/612/2019-09-03-minutes#page-9) Board of Supervisors Meeting Minutes 9/3/2019 Referred Without Recommendation from the Land Use and Transportation Committee 190654 [Street and Public Service Easement Vacation Order - Mission Rock Project] Sponsors: Mayor; Haney Ordinance ordering the street vacation of the entirety of Seawall Lot 337 (located east of Third Street between China Basin Channel and Mission Rock Street, including China Basin Park) and portions of Terry A. Francois Boulevard along with public service easements in connection with the Mission Rock Project; reserving various temporary rights in favor of the City and PG&E, subject to conditions specified in this Ordinance; authorizing official acts in connection with this Ordinance, as defined herein; adopting findings 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. Although it was not required, Supervisor Peskin, seconded by Supervisor Safai, moved that this Ordinance be PASSED ON FIRST READING. The motion carried by the following vote: Ayes: 11 - Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, Yee SPECIAL ORDER 3:00 P.M. President Yee requested File Nos. 190862 and 190707 be called together. Board of Supervisors Sitting as a Committee of the Whole 190862 [Hearing - Committee of the Whole - Street Vacation - Potrero HOPE SF Project - Phase 2 - September 3, 2019] Hearing of the Board of Supervisors sitting as a Committee of the Whole on September 3, 2019, at 3:00 p.m., to hold a public hearing to consider the proposed Ordinance (File No. 190707) ordering the vacation of streets in the Potrero HOPE SF Project - Phase 2 (Blocks A and B) site, generally bounded by 25th Street on the north, 26th Street on the south, Wisconsin Street on the west, and Connecticut Street on the east; allowing a reservation of rights for electric utilities access at the southwest corner of 25th Street and Wisconsin Street and required pedestrian access; authorizing the City to quitclaim its interest in the vacation areas to the San Francisco Housing Authority; 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, including transmittal of the Ordinance by the Clerk of the Board of Supervisors to the Public Works Director for purposes of recordation of property rights; scheduled pursuant to Resolution No. 362-19 (File No. 190712), approved on August 1, 2019. (Clerk of the Board) President Yee opened the public hearing and inquired as to whether any member of the public wished to address the Committee of the Whole relating to the street vacation in the Potrero HOPE SF project, as referenced in File No. 190707. Supervisor Walton provided brief remarks regarding the project. Michael Wright; spoke in opposition to the street and public service easement vacation order. Francisco Da Costa; Walter Paulson; shared various concerns related to the street and public service easement vacation order. There were no other speakers. The President declared public comment closed, adjourned as the Committee of the Whole, and reconvened as the Board of Supervisors. HEARD AND FILED City and County of San Francisco Page 734 Printed at 3:23 pm on 9/30/19 ### [Page 10](https://sfbos.info/documents/612/2019-09-03-minutes#page-10) Board of Supervisors Meeting Minutes 9/3/2019 Committee of the Whole Adjourn and Report Referred Without Recommendation from the Land Use and Transportation Committee 190707 [Street Vacation - Potrero HOPE SF Project - Phase 2] Sponsors: Mayor; Walton Ordinance ordering the vacation of streets in the Potrero HOPE SF Project - Phase 2 (Blocks A and B) site, generally bounded by 25th Street on the north, 26th Street on the south, Wisconsin Street on the west, and Connecticut Street on the east; allowing a reservation of rights for electric utilities access at the southwest corner of 25th Street and Wisconsin Street and required pedestrian access; authorizing the City to quitclaim its interest in the vacation areas to the San Francisco Housing Authority; 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, including transmittal of the Ordinance by the Clerk of the Board of Supervisors to the Public Works Director for purposes of recordation of property rights. Although it was not required, Supervisor Safai, seconded by Supervisor Haney, moved that this Ordinance be PASSED ON FIRST READING. The motion carried by the following vote: Ayes: 11 - Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, Yee ROLL CALL FOR INTRODUCTIONS See Legislation Introduced below. Appointment of President Pro Tempore At the request of President Yee, Supervisor Peskin assumed the chair at 3:05 p.m. The President resumed the chair at 3:08 p.m. City and County of San Francisco Page 735 Printed at 3:23 pm on 9/30/19 ### [Page 11](https://sfbos.info/documents/612/2019-09-03-minutes#page-11) Board of Supervisors Meeting Minutes 9/3/2019 PUBLIC COMMENT Salahaquekyah Chandler; expressed her interest in running for office and the need to focus on District 10 issues. Salinda; shared concerns regarding various District 10 issues. Dana Smith; expressed concerns regarding District 10 evictions and the need for action. Francisco Da Costa; shared concerns regarding District 10 issues and problems. Queen-Vanessa Banks; shared concerns regarding District 10 issues and problems. Michael Wright; shared concerns regarding African-American displacement and affordable housing. Speaker; shared various religious concerns. Walter Paulson; welcomed the Supervisors back from recess and shared in song various concerns with the Board. Speaker; shared concerns regarding nuclear weapons, Manhattan, and climate change. Michael Franti; expressed concerns regarding noise levels and drug use due to individuals living in their vehicles and RVs. Sara Agah; expressed concerns regarding noise levels and drug use due to individuals living in their vehicles and RVs. Bruce Wunder; shared concerns regarding the need for public and private homeless shelters. John Kromeyer; shared concerns regarding the need to protect non-human animals. Sharena Meyer; expressed concerns regarding car break-ins and their personal experience. Adriana; shared various concerns regarding housing. Speaker; shared concerns regarding issues within the Nicaraguan-American community. Speaker; shared concerns regarding issues within the Nicaraguan-American community. Matt Zucker; shared concerns regarding the plight of taxi medallion holders due to transportation network companies. Tom Gilberty; shared concerns regarding cannabis, relabeling of references, the harm caused by words, and cable television. City and County of San Francisco Page 736 Printed at 3:23 pm on 9/30/19 ### [Page 12](https://sfbos.info/documents/612/2019-09-03-minutes#page-12) Board of Supervisors Meeting Minutes 9/3/2019 CLOSED SESSION CONFERENCE WITH CITY ATTORNEY - Existing Litigation 190889 [Closed Session - Existing Litigation - Pacific Gas and Electric Company - September 3, 2019] Closed Session for the Board of Supervisors to convene on September 3, 2019, pursuant to California Government Code, Section 54956.9(a), and San Francisco Administrative Code, Section 67.10(d)(1), for the purpose of conferring with, or receiving advice from, the City Attorney regarding the following existing litigation in which the City is a petitioner and Pacific Gas & Electric Company is an adverse party: In re: PG&E Corporation and Pacific Gas & Electric Company, United States Bankruptcy Court, Northern District of California, Case No. 19-30088-DM, filed January 29, 2019; Federal Energy Regulatory Commission Case No. EL19-38-000, filed January 28, 2019; Federal Energy Regulatory Commission Case No. ER18-1482-000, filed April 30, 2018; Federal Energy Regulatory Commission Case No. ER18-1102-000, filed March 15, 2018; Federal Energy Regulatory Commission Case No. ER18-790-000, filed, February 2, 2018; Federal Energy Regulatory Commission Case No. ER18-768-000, filed January 31, 2018; Federal Energy Regulatory Commission Case No. ER18-198-000, filed October 31, 2017; Federal Energy Regulatory Commission Case No. ER17-2406-000, filed August 31, 2017; Federal Energy Regulatory Commission Case No. ER17-2181-000, filed July 31, 2017; Federal Energy Regulatory Commission Case No. ER17-2204, filed July 31, 2017; Federal Energy Regulatory Commission Case No. ER17-1509-000, filed May 1, 2017; Federal Energy Regulatory Commission Case No. ER17-910-000, filed January 31, 2017; Federal Energy Regulatory Commission Case No. EL15-3-000, filed October 10, 2014; Federal Energy Regulatory Commission Case No. ER15-702-000, filed December 23, 2014; Federal Energy Regulatory Commission Case No. ER15-703-000, filed December 23, 2014; Federal Energy Regulatory Commission Case No. ER15-704-000, filed December 23, 2014; Federal Energy Regulatory Commission Case No. ER15-705-000, filed December 23, 2014; Federal Energy Regulatory Commission Case No. ER15-735-000, filed December 23, 2014; California Public Utilities Commission Case No. I.15-08-019, filed February 25, 2015; California Public Utilities Commission Case No. R.18-10-007, filed October 25, 2018; and California Public Utilities Commission Case No. R.19-01-006, filed January 10, 2019. (Clerk of the Board) President Yee inquired as to whether any member of the public wished to address the Board regarding the closed session. Michael Wright; Tom Gilberty; shared various concerns regarding the closed session matter. There were no other speakers. The President declared public comment closed. CONVENED IN CLOSED SESSION The Board recessed at the hour of 4:40 p.m. to convene in closed session pursuant to the Motion (File No. 190801) approved prior to the Closed Session on September 3, 2019. The following Supervisors were noted present: Supervisors Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, and Yee City and County of San Francisco Page 737 Printed at 3:23 pm on 9/30/19 ### [Page 13](https://sfbos.info/documents/612/2019-09-03-minutes#page-13) Board of Supervisors Meeting Minutes 9/3/2019 Persons in attendance: Jon Givner and Theresa Mueller, Deputy City Attorneys (Office of the City Attorney); Harlan Kelly, Jr., Director, Barbara Hale, Juliet Ellis, and Eric Sandler (Public Utilities Commission); Randy Wu; and Angela Calvillo, Clerk of the Board, and Alisa Somera, Legislative Deputy Director (Office of the Clerk of the Board). Supervisor Safai was noted absent at 5:34 p.m. and for the remainder of the meeting. Matter was heard in closed session, no action was taken, and the hearing was filed. RECONVENED AS THE BOARD OF SUPERVISORS The Board reconvened at the hour of 5:39 p.m. The following Supervisors were noted present: Supervisors Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Stefani, Walton, and Yee Supervisor Peskin, seconded by Supervisor Walton, moved that this Closed Session be CONTINUED to the Board of Supervisors meeting of October 1, 2019. The motion carried by the following vote: Ayes: 10 - Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Stefani, Walton, Yee Absent: 1 - Safai [Elect Not to Disclose] Motion that the Board finds that it is in the best interest of the public that the Board elect at this time not to disclose its closed session deliberations. Supervisor Peskin, seconded by Supervisor Walton, moved not to disclose its Closed Session deliberations. The motion carried by the following vote: Ayes: 10 - Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Stefani, Walton, Yee Absent: 1 - Safai FOR ADOPTION WITHOUT COMMITTEE REFERENCE 190854 [Urging Plan Approval - Interdepartmental Staff Committee on Traffic and Transportation - Folsom Street Fair with Gated Entry] Sponsor: Haney Resolution urging the Interdepartmental Staff Committee on Traffic and Transportation to approve a proposed plan to allow gated admission for the Folsom Street Fair. Resolution No. 383-19 ADOPTED City and County of San Francisco Page 738 Printed at 3:23 pm on 9/30/19 ### [Page 14](https://sfbos.info/documents/612/2019-09-03-minutes#page-14) Board of Supervisors Meeting Minutes 9/3/2019 190887 [Closed Session - Existing Litigation - Pacific Gas and Electric Company - September 3, 2019] Motion that the Board of Supervisors convene in closed session on September 3, 2019, pursuant to California Government Code, Section 54956.9(a), and San Francisco Administrative Code, Section 67.10(d)(1), for the purpose of conferring with, or receiving advice from, the City Attorney regarding the following existing litigation in which the City is a petitioner and Pacific Gas & Electric Company is an adverse party: In re: PG&E Corporation and Pacific Gas & Electric Company, United States Bankruptcy Court, Northern District of California, Case No. 19-30088-DM, filed January 29, 2019; Federal Energy Regulatory Commission Case No. EL19-38-000, filed January 28, 2019; Federal Energy Regulatory Commission Case No. ER18-1482-000, filed April 30, 2018; Federal Energy Regulatory Commission Case No. ER18-1102-000, filed March 15, 2018; Federal Energy Regulatory Commission Case No. ER18-790-000, filed, February 2, 2018; Federal Energy Regulatory Commission Case No. ER18-768-000, filed January 31, 2018; Federal Energy Regulatory Commission Case No. ER18-198-000, filed October 31, 2017; Federal Energy Regulatory Commission Case No. ER17-2406-000, filed August 31, 2017; Federal Energy Regulatory Commission Case No. ER17-2181-000, filed July 31, 2017; Federal Energy Regulatory Commission Case No. ER17-2204, filed July 31, 2017; Federal Energy Regulatory Commission Case No. ER17-1509-000, filed May 1, 2017; Federal Energy Regulatory Commission Case No. ER17-910-000, filed January 31, 2017; Federal Energy Regulatory Commission Case No. EL15-3-000, filed October 10, 2014; Federal Energy Regulatory Commission Case No. ER15-702-000, filed December 23, 2014; Federal Energy Regulatory Commission Case No. ER15-703-000, filed December 23, 2014; Federal Energy Regulatory Commission Case No. ER15-704-000, filed December 23, 2014; Federal Energy Regulatory Commission Case No. ER15-705-000, filed December 23, 2014; Federal Energy Regulatory Commission Case No. ER15-735-000, filed December 23, 2014; California Public Utilities Commission Case No. I.15-08-019, filed February 25, 2015; California Public Utilities Commission Case No. R.18-10-007, filed October 25, 2018; and California Public Utilities Commission Case No. R.19-01-006, filed January 10, 2019. (Clerk of the Board) Motion No. M19-133 APPROVED The foregoing items were acted upon by the following vote: Ayes: 11 - Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, Yee Severed from the For Adoption Without Committee Reference Agenda Supervisor Stefani requested that File No. 190841 be severed so that it may be considered separately. 190841 [Declaring the National Rifle Association as a Domestic Terrorist Organization] Sponsor: Stefani Resolution declaring that the National Rifle Association is a domestic terrorist organization and urging other cities, states, and the federal government to do the same. Resolution No. 382-19 ADOPTED by the following vote: Ayes: 11 - Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, Yee City and County of San Francisco Page 739 Printed at 3:23 pm on 9/30/19 ### [Page 15](https://sfbos.info/documents/612/2019-09-03-minutes#page-15) Board of Supervisors Meeting Minutes 9/3/2019 President Yee requested that File No. 190857 be severed so that it may be considered separately. Supervisor Safai was noted absent at 4:32 p.m. and present at 4:36 p.m. 190857 [Urging Urgent Homelessness Policy Changes] Sponsors: Yee; Haney, Fewer, Peskin, Brown, Stefani and Walton Resolution urging the Department of Homelessness and Supportive Housing to implement urgent policy changes to serve pregnant individuals, families living in single room occupancy units or doubled-up families; and urging the Department to pursue additional policy changes in coordination with the Board of Supervisors. Supervisors Stefani and Walton requested to be added as co-sponsors. ADOPTED by the following vote: Ayes: 11 - Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, Yee Supervisor Peskin, seconded by Supervisor Ronen, moved to rescind the previous vote. The motion carried by the following vote: Ayes: 10 - Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Stefani, Walton, Yee Absent: 1 - Safai Supervisor Yee, seconded by Supervisor Peskin, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, by adding verbiage to clarify the difference between the City and County of San Francisco’s and the U.S. Housing and Urban Development’s definition of ‘homelessness’ and their corresponding rate of increase; by adding verbiage to include ‘Family Coordinated Entry Standards’ to the policies the Board is urging to be modified and applied; by clarifying that families living in SROs or doubled-up housing should be subject to these policies; and making other clarifying and conforming changes. The motion carried by the following vote: Ayes: 11 - Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, Yee Resolution No. 384-19 Although it was not required, Supervisor Haney, seconded by Supervisor Walton, moved that this Resolution be ADOPTED AS AMENDED. The motion carried by the following vote: Ayes: 11 - Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, Yee IMPERATIVE AGENDA There were no imperative agenda items. City and County of San Francisco Page 740 Printed at 3:23 pm on 9/30/19 ### [Page 16](https://sfbos.info/documents/612/2019-09-03-minutes#page-16) Board of Supervisors Meeting Minutes 9/3/2019 LEGISLATION INTRODUCED AT ROLL CALL Introduced by a Supervisor or the Mayor Pursuant to Charter, Section 2.105, an Ordinance or Resolution may be introduced before the Board of Supervisors by a Member of the Board, a Committee of the Board, or the Mayor and shall be referred to and reported upon by an appropriate Committee of the Board. ORDINANCES 190895 [Authorizing Certificates of Participation - Multiple Capital Improvement Projects - Not to Exceed $94,600,000] Sponsors: Mayor; Peskin Ordinance authorizing the execution and delivery of Certificates of Participation, in one or more series from time to time, on a tax-exempt or taxable basis, evidencing and representing an aggregate principal amount not to exceed $94,600,000 to finance and refinance the acquisition of certain real property located at 814-820 Bryant Street and 470 Sixth Street within the City and related site demolition, preparation and improvement, and the repayment of certain taxable commercial paper notes of the City issued for such purposes, and the acquisition of certain additional property located at 1828 Egbert Avenue within the City and related site demolition, preparation and improvement; approving the form of Supplement to the Trust Agreement between the City and County of San Francisco and U.S. Bank National Association, as trustee (“Trustee”) (including certain indemnities contained therein); approving respective forms of Supplements to Property Lease and Project Lease, each between the City and the Trustee, for the lease and lease back of all or a portion of certain real property and improvements located at 375 Laguna Honda Boulevard or other property as determined by the Director of Public Finance; approving the form of an Official Notice of Sale and a Notice of Intention to Sell the Certificates of Participation; approving the form of an Official Statement in preliminary and final form; approving the form of a Continuing Disclosure Certificate; granting general authority to City officials to take necessary actions in connection with the authorization, sale, execution and delivery of the Certificates of Participation; approving modifications to documents; and ratifying previous actions taken in connection therewith, as defined herein. (Fiscal Impact) 09/03/19; ASSIGNED to Budget and Finance Committee. City and County of San Francisco Page 741 Printed at 3:23 pm on 9/30/19 ### [Page 17](https://sfbos.info/documents/612/2019-09-03-minutes#page-17) Board of Supervisors Meeting Minutes 9/3/2019 190896 [Authorizing Certificates of Participation - Multiple Capital Improvement Projects - Not to Exceed $62,000,000] Sponsor: Mayor Ordinance authorizing the execution and delivery of Certificates of Participation, in one or more series from time to time, on a tax-exempt or taxable basis, evidencing and representing an aggregate principal amount not to exceed $62,000,000 to finance and refinance the acquisition of certain real property located within the City for the improvement and equipping of certain existing real property and improvements owned and maintained by the City, including but not limited to the improvement and equipping of the existing Hall of Justice facilities located at 850 Bryant Street within the City and adjacent and related facilities, and the retirement of certain commercial paper notes of the City issued on an interim basis for such purposes; approving the form of Supplement to Trust Agreement between the City and County of San Francisco and U.S. Bank National Association, as trustee (“Trustee”) (including certain indemnities contained therein); approving respective forms of Supplements to Property Lease and Project Lease, each between the City and the Trustee, for the lease and lease back of all or a portion of certain real property and improvements located at 375 Laguna Honda Boulevard or other property as determined by the Director of Public Finance; approving the form of an Official Notice of Sale and a Notice of Intention to Sell the Certificates of Participation; approving the form of an Official Statement in preliminary and final form; approving the form of a Continuing Disclosure Certificate; granting general authority to City officials to take necessary actions in connection with the authorization, sale, execution and delivery of the Certificates of Participation; approving modifications to documents; and ratifying previous actions taken in connection therewith, as defined herein. (Fiscal Impact) 09/03/19; ASSIGNED to Budget and Finance Committee. 190897 [Appropriation - Certificates of Participation to the General Services Agency to Fund Tenant Improvement Costs for the Hall of Justice Improvement Project - $62,000,000 - FY2019-2020] Sponsor: Mayor Ordinance appropriating $62,000,000 of Certificates of Participation to the General Services Agency to fund tenant improvements involving the construction, acquisition, improvement, renovation, and retrofitting of City-owned properties as needed for the Hall of Justice Improvement Project enabling staff and offices to be consolidated in acquired City-owned properties in FY2019-2020; and placing $62,000,000 on Controller’s Reserve, pending sales of Certificates of Participation. (Fiscal Impact) 09/03/19; ASSIGNED to Budget and Finance Committee. 190898 [Appropriation - Certificates of Participation to the General Services Agency to Fund Site Acquisition Costs for the Hall of Justice Relocation Project - $78,600,000 - FY2019-2020] Sponsors: Mayor; Peskin Ordinance appropriating $78,600,000 of Certificates of Participation to the General Services Agency to purchase the property located at 1828 Egbert Avenue and to fund the related demolition, site preparation, and other acquisition costs for the Hall of Justice Relocation Project in FY2019-2020; and placing $78,600,000 on Controller’s Reserve pending sales of Certificates of Participation. (Fiscal Impact) 09/03/19; ASSIGNED to Budget and Finance Committee. City and County of San Francisco Page 742 Printed at 3:23 pm on 9/30/19 ### [Page 18](https://sfbos.info/documents/612/2019-09-03-minutes#page-18) Board of Supervisors Meeting Minutes 9/3/2019 190899 [Administrative Code - Temporarily Displaced Tenant Preference in City Affordable Housing - Compliance with Right to Return for Temporarily Displaced Tenants] Sponsors: Peskin; Brown Ordinance amending the Administrative Code to add a preference in City affordable housing programs to tenants temporarily evicted from rental units for capital improvements or rehabilitation work; requiring landlords who regain possession of such rental units to provide evidence of complying with a tenant’s right to re-occupy such tenant’s rental unit; and restricting the issuance of a certificate of final completion unless a landlord provides such evidence. 09/03/19; ASSIGNED to Rules Committee. 190844 [Planning Code, Zoning Map - 3333 California Street Special Use District] Sponsor: Stefani Ordinance amending the Planning Code and Zoning Map to create the 3333 California Street Special Use District; and making environmental findings, findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1, and findings of public convenience, necessity, and welfare under Planning Code, Section 302. (Economic Impact; No Economic Analysis Report) 07/30/19; ASSIGNED UNDER 30 DAY RULE to Land Use and Transportation Committee, expires on 8/29/2019. 08/05/19; REFERRED TO DEPARTMENT. 09/03/19; SUBSTITUTED AND ASSIGNED to Land Use and Transportation Committee. 190845 [Development Agreement - Laurel Heights Partners, LLC - 3333 California Street Project - California Street at Presidio Avenue] Sponsor: Stefani Ordinance approving a Development Agreement between the City and County of San Francisco and Laurel Heights Partners, LLC, a Delaware limited liability company, for the development of an approximately 10.25-acre site located at California Street at Presidio Avenue (3333 California Street), with various public benefits, including 25% affordable housing, a child care center comprised of approximately 14,665 square feet, and approximately 2.87 acres of privately owned, publicly accessible open space; making findings under the California Environmental Quality Act, and findings of conformity with the General Plan, and the eight priority policies of Planning Code, Section 101.1(b); approving certain development impact fees for the project, and waiving certain Planning Code fees and requirements; confirming compliance with or waiving certain provisions of Administrative Code, Chapter 56; ratifying certain actions taken in connection with the Development Agreement, as described herein; and authorizing certain actions to be taken under the Development Agreement, as described herein. (Economic Impact; No Economic Analysis Report) 07/30/19; ASSIGNED UNDER 30 DAY RULE to Land Use and Transportation Committee, expires on 8/29/2019. 08/05/19; REFERRED TO DEPARTMENT. 09/03/19; SUBSTITUTED AND ASSIGNED to Land Use and Transportation Committee. City and County of San Francisco Page 743 Printed at 3:23 pm on 9/30/19 ### [Page 19](https://sfbos.info/documents/612/2019-09-03-minutes#page-19) Board of Supervisors Meeting Minutes 9/3/2019 RESOLUTIONS 190900 [Certificates of Participation - 49 South Van Ness Project - Official Statement] Sponsor: Mayor Resolution approving the form of and authorizing the distribution of a preliminary Official Statement relating to the execution and delivery of City and County of San Francisco Certificates of Participation for the 49 South Van Ness Project, and authorizing the preparation, execution and delivery of a final Official Statement; and ratifying the approvals and terms and conditions of a previous Ordinance, and related matters, as defined herein. 09/03/19; RECEIVED AND ASSIGNED to Budget and Finance Committee. 190901 [Designation of Agents Authorized to Obtain Disaster and Emergency Assistance Funding] Sponsor: Mayor Resolution authorizing agents to act on behalf of the City and County of San Francisco for all matters pertaining to state and federal disaster and emergency assistance funding. 09/03/19; RECEIVED AND ASSIGNED to Budget and Finance Committee. 190902 [Apply for Grant Application - United States Department of Housing and Urban Development - Continuum of Care Program - Not to Exceed $51,175,586] Sponsors: Mayor; Brown Resolution approving the 2019 grant application for the United States Department of Housing and Urban Development Continuum of Care Program with an amount not to exceed $51,175,386; and fulfilling the Board of Supervisors review and approval process for all annual or otherwise recurring grants of $5,000,000 or more. (Department of Homelessness and Supportive Housing) (Fiscal Impact) 09/03/19; RECEIVED AND ASSIGNED to Budget and Finance Committee. 190903 [Accept and Expend In-Kind Grant - Retroactive - San Francisco Parks Alliance - Community Events, Staff Development, Recreation Programming - FY2017-2018 - Valued at Approximately $111,541] Sponsors: Mayor; Stefani Resolution retroactively authorizing the Recreation and Park Department to accept and expend a grant from the San Francisco Parks Alliance to fund community events, staff development, recreation programming, and other activities during FY2017-2018 for the period of July 1, 2017, through June 30, 2019, that together are valued at approximately $111,541. (Recreation and Park Department) 09/03/19; RECEIVED AND ASSIGNED to Budget and Finance Committee. 190904 [Accept and Expend Grant - Retroactive - California Department of State Hospitals - Pre-Trial Felony Mental Health Diversion Program - $2,300,400] Sponsor: Mayor Resolution retroactively authorizing the Department of Public Health to accept and expend a grant in the total amount of $2,300,400 from the California Department of State Hospitals to participate in a program, entitled “Pre-Trial Felony Mental Health Diversion,” for the three-year budget period of September 15, 2019, through September 14, 2022. (Public Health Department) 09/03/19; RECEIVED AND ASSIGNED to Budget and Finance Committee. City and County of San Francisco Page 744 Printed at 3:23 pm on 9/30/19 ### [Page 20](https://sfbos.info/documents/612/2019-09-03-minutes#page-20) Board of Supervisors Meeting Minutes 9/3/2019 190768 [Contract Amendment - Heluna Health - Comprehensive Outreach and Case Management Programming - Not to Exceed $39,133,942] Sponsor: Mayor Resolution approving the fifth amendment to the contract between the City and County of San Francisco and Heluna Health to provide comprehensive outreach and case management programming to meet the needs of people experiencing homelessness in San Francisco known as the San Francisco Homeless Outreach Team, to extend the contract agreement term for an additional 20 months from November 1, 2019, for a total term of August 1, 2014, through June 30, 2021, and to increase the contract amount by $15,367,886 for a total contract amount of $39,133,942. (Department of Homelessness and Supportive Housing) (Fiscal Impact) 07/09/19; RECEIVED AND ASSIGNED to Budget and Finance Sub-Committee. 09/03/19; SUBSTITUTED AND ASSIGNED to Budget and Finance Committee. 190905 [Eagle Plaza Commemorative Street Plaques - 12th Street Sidewalk at Harrison Street] Sponsors: Haney; Mandelman Resolution to initiate the review of a proposal to commemorate icons of the Leather and LGBTQ movements by installing 40 street “stud” plaques along the 12th Street sidewalk of Eagle Plaza and adjacent to the historic Eagle Bar, located at 1532 Harrison Street, in accordance with Public Works Code, Sections 789, et seq., the Commemorative Street Plaque Ordinance. 09/03/19; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 190906 [Amended and Restatement of Lease - Java House Restaurant - $4,000 Monthly Base Rent] Sponsor: Haney Resolution approving the Amended and Restatement of Lease No. L-14100 between the Port Commission and Java House, LLC, a California limited liability company, for the Java House Restaurant located at Pier 40½ at the Embarcadero and Townsend Street, increasing the monthly base rent from $3,314 to $4,000 including a conditional tenant option to extend for ten years, with no change to the initial length of term through August 31, 2023. (Port) 09/03/19; RECEIVED AND ASSIGNED to Budget and Finance Committee. 190907 [Street Name Change - Gilbert Street to Jeff Adachi Way] Sponsors: Haney; Yee, Peskin, Walton, Ronen, Brown, Mar, Mandelman, Fewer and Safai Resolution renaming one block of Gilbert Street between Bryant and Brannan Street, which runs parallel to Sixth and Seventh Streets and perpendicular to Bryant and Brannan Streets, to “Jeff Adachi Way.” 09/03/19; RECEIVED AND ASSIGNED to Land Use and Transportation Committee. City and County of San Francisco Page 745 Printed at 3:23 pm on 9/30/19 ### [Page 21](https://sfbos.info/documents/612/2019-09-03-minutes#page-21) Board of Supervisors Meeting Minutes 9/3/2019 190908 [Interim Zoning Controls - Conditional Use Authorization for Conversion of Residential Care Facilities to Other Uses] Sponsors: Mandelman; Yee, Safai, Haney and Peskin Resolution imposing interim zoning controls for 18 months to require a Conditional Use authorization and specified findings for a proposed change of use from a Residential Care Facility; 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. 09/03/19; ASSIGNED to Land Use and Transportation Committee. 190909 [Condemning the Shooting of and Urging Repatriation for Brandon Lee - Urging a Congressional Investigation, Hearing, and the Suspension of United States Aid to the Philippine Military and Police] Sponsors: Mar; Haney, Yee, Fewer, Safai, Stefani, Brown, Mandelman, Ronen, Walton and Peskin Resolution condemning the attempted assassination of San Francisco native and United States citizen Brandon Lee in the Philippines by suspected elements of the 54th Infantry Battalion of the Armed Forces of the Philippines; supporting the immediate evacuation of Lee from the Philippines and his repatriation to San Francisco to ensure his safety and access to adequate medical care; urging our San Francisco Federal representatives to initiate a Congressional investigation into the shooting of Lee; and urging our San Francisco Federal representatives to support a Congressional hearing on consequences of United States tax dollars going to the Philippine military and police, and to advocate for suspension of United States aid to the Duterte regime until Lee’s case is resolved and the perpetrators are brought to justice. 09/03/19; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 190910 [Accept and Expend Gift - San Francisco 722 Montgomery, LLC - Citywide Affordable Housing Fund - $100,000] Sponsor: Peskin Resolution authorizing the Mayor’s Office of Housing and Community Development to accept and expend a gift of $100,000 from San Francisco 722 Montgomery, LLC, to the Citywide Affordable Housing Fund. (Mayor’s Office of Housing and Community Development) 09/03/19; RECEIVED AND ASSIGNED to Budget and Finance Committee. City and County of San Francisco Page 746 Printed at 3:23 pm on 9/30/19 ### [Page 22](https://sfbos.info/documents/612/2019-09-03-minutes#page-22) Board of Supervisors Meeting Minutes 9/3/2019 MOTIONS 190863 [Mayoral Appointment, Historic Preservation Commission - Chris Foley] Motion approving/rejecting the Mayor’s nomination for appointment of Chris Foley to the Historic Preservation Commission, for a term ending December 31, 2020. (Clerk of the Board) (Charter, Section 4.135, 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, the nominee shall be deemed approved. Transmittal date: August 16, 2019.) 08/21/19; RECEIVED AND ASSIGNED to Rules Committee. 190864 [Mayoral Appointment, Historic Preservation Commission - Lydia So] Motion approving/rejecting the Mayor’s nomination for appointment of Lydia So to the Historic Preservation Commission, for a term ending December 31, 2022. (Clerk of the Board) (Charter, Section 4.135, 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, the nominee shall be deemed approved. Transmittal date: August 16, 2019.) 08/21/19; RECEIVED AND ASSIGNED to Rules Committee. 190894 [Appointment, Association of Bay Area Governments, Executive Board Regional Planning Committee - Supervisor Rafael Mandelman] Motion appointing Supervisor Rafael Mandelman, for a two year term to be determined, to the Association of Bay Area Governments Executive Board Regional Planning Committee. (Clerk of the Board) 08/29/19; RECEIVED AND ASSIGNED to Rules Committee. REQUESTS FOR HEARING 190912 [Hearing - Status of San Francisco's Use of Lanterman-Petris Short Conservatorships] Sponsor: Mandelman Hearing on the 2019 Budget and Legislative Analyst Report on Lanterman-Petris Short Conservatorships; and requesting the Department of Public Health and the Office of Public Conservator to report. 09/03/19; RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. City and County of San Francisco Page 747 Printed at 3:23 pm on 9/30/19 ### [Page 23](https://sfbos.info/documents/612/2019-09-03-minutes#page-23) Board of Supervisors Meeting Minutes 9/3/2019 190913 [Hearing - Removal of 41 Long-Term Beds from the Adult Residential Facility] Sponsors: Ronen; Haney Hearing to discuss the Department of Public Health's decision to remove 41 out of 55 long-term beds from the Adult Residential Facility, including: the timeline of when this decision was made by the Department of Public Health and whether alternatives options were considered; the reasoning and rationale behind closing beds at the Adult Residential Facility; staffing needs at the Adult Residential Facility and steps taken by the Department of Public Health and Department of Human Resources to fill staffing vacancies, including any efforts made to hire staff on an urgent priority basis; breakdown of the Adult Residential Facility's budget as it relates to operating and staffing costs; justification for why over 20 permanent beds remained empty over the past year, even as people were awaiting entry into the long-term care facility; reasoning for why new clients have not been submitted to the Adult Residential Facility since September 2019, despite availability of beds; how changes to the provisions of services at the Adult Residential Facility were communicated to frontline staff, residents, their families, and the Board of Supervisors; and requesting the Department of Public Health and Department of Human Resources to report. 09/03/19; RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. City and County of San Francisco Page 748 Printed at 3:23 pm on 9/30/19 ### [Page 24](https://sfbos.info/documents/612/2019-09-03-minutes#page-24) Board of Supervisors Meeting Minutes 9/3/2019 Introduced at the Request of a Department Pursuant to Rules of Order of the Board of Supervisors, Section 2.7.1, Department Heads may submit proposed legislation to the Clerk of the Board, in which case titles of the legislation will be printed at the rear of the next available agenda of the Board. PROPOSED ORDINANCES 190643 [Administrative Code - Implementing the Charter’s Privacy First Policy] Ordinance amending the Administrative Code to implement the Privacy First Policy in Charter, Section 16.130, by creating an Office of Data Privacy under the City Administrator, headed by a Chief Privacy Officer (“CPO”) with responsibilities for implementing the Policy; requiring City departments to provide information to the CPO regarding their collection, storage, sharing, and use of personal information to enable the CPO to provide guidance and recommendations to departments, and recommendations to the City Administrator, for implementing the Policy; authorizing the City Administrator to adopt rules and regulations to implement the Policy, and to delegate that authority to the CPO and the Purchaser; requiring the City Administrator to make periodic reports describing the City’s implementation of the Policy; and authorizing the City Administrator rather than the Mayor to appoint the Chief Data Officer (“CDO”) and shifting responsibilities for determining which data sets are appropriate for public disclosure from the CDO to the CPO. (City Administrator) (Fiscal Impact; No Budget and Legislative Analyst Report) 05/31/19; RECEIVED FROM DEPARTMENT. 06/11/19; ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 7/11/2019. 06/20/19; REFERRED TO DEPARTMENT. 08/26/19; RECEIVED FROM DEPARTMENT. 09/03/19; SUBSTITUTED AND ASSIGNED to Rules Committee. 190869 [Administrative Code - Farmers’ Markets and Flea Markets] Ordinance amending the Administrative Code to affirm the County Agricultural Commissioner’s authority under state law to certify and inspect farmers’ markets and producers, and to enforce state law governing the direct marketing of agricultural products to consumers; replace the County Agricultural Commissioner with the Director of Property as the operator of City-operated farmers’ markets and flea markets; eliminate the allocation of space at farmers’ markets for the distribution of surplus commodities to needy persons; increase the permit fees for certified producers and other vendors; and increase the permit fees for farmers’ market operators. (City Administrator) 08/26/19; RECEIVED FROM DEPARTMENT. 09/03/19; ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 10/3/2019. City and County of San Francisco Page 749 Printed at 3:23 pm on 9/30/19 ### [Page 25](https://sfbos.info/documents/612/2019-09-03-minutes#page-25) Board of Supervisors Meeting Minutes 9/3/2019 190870 [Settlement of Lawsuit - Yvonne Marie Ellis - $33,000] Ordinance authorizing settlement of the lawsuit filed by Yvonne Marie Ellis against the City and County of San Francisco for $33,000; the lawsuit was filed on June 6, 2018, in San Francisco Superior Court, Case No. CGC-18-567012; entitled Yvonne Marie Ellis v. City and County of San Francisco, et al.; the lawsuit involves an alleged personal injury on a City street. (City Attorney) 08/12/19; RECEIVED FROM DEPARTMENT. 09/03/19; RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. 190871 [Settlement of Lawsuit - Michael Pannone - $30,000] Ordinance authorizing settlement of the lawsuit filed by Michael Pannone against the City and County of San Francisco for $30,000; the lawsuit was filed on October 5, 2017, in San Francisco Superior Court, Case No. CGC-17-561728; entitled Michael Pannone v. City and County of San Francisco, et al.; the lawsuit involves alleged personal injury from a vehicle collision. (City Attorney) 08/12/19; RECEIVED FROM DEPARTMENT. 09/03/19; RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. 190872 [Settlement of Lawsuit - Katharine Savin - $40,000] Ordinance authorizing settlement of the lawsuit filed by Katharine Savin against the City and County of San Francisco for $40,000; the lawsuit was filed on October 4, 2016, in United States District Court, Northern District of California, Case No. 16-cv-05627-JST, entitled Katharine Savin v. City and County of San Francisco, et al.; the lawsuit involves an employment dispute. (City Attorney) 08/20/19; RECEIVED FROM DEPARTMENT. 09/03/19; RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. 190873 [Settlement of Lawsuit - The Roman Catholic Archbishop of San Francisco, et al. - City to Receive $913,970 from U.S. Pipe & Foundry Company] Ordinance authorizing settlement of the lawsuit filed by The Roman Catholic Archbishop of San Francisco, et al. against the City and County of San Francisco for payment of $913,970 by U.S. Pipe & Foundry Company to the City; the lawsuit was filed on April 11, 2013, in United States District, Case No. 13-cv-2220 MEJ; entitled The Roman Catholic Archbishop of San Francisco, et al. v. City and County of San Francisco, et al.; the lawsuit involves dangerous condition of public property and inverse condemnation. (City Attorney) 08/26/19; RECEIVED FROM DEPARTMENT. 09/03/19; RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. 190874 [Settlement of Unlitigated Claim - Property & Casualty Company of Hartford - $73,273 - Appropriation - Water Enterprise Fund Balance] Ordinance approving the settlement of the unlitigated claim filed by Property & Casualty Insurance Company of Hartford against the City and County of San Francisco for $73,273; the claim was filed on August 30, 2018; the claim involves alleged property damage arising from a water main break; and appropriating $73,273 from the San Francisco Public Utilities Commission Water Enterprise fund balance for payment of settlement. (City Attorney) 08/26/19; RECEIVED FROM DEPARTMENT. 09/03/19; RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. City and County of San Francisco Page 750 Printed at 3:23 pm on 9/30/19 ### [Page 26](https://sfbos.info/documents/612/2019-09-03-minutes#page-26) Board of Supervisors Meeting Minutes 9/3/2019 190875 [Settlement of Lawsuit - Kai Kopp - $40,000] Ordinance authorizing settlement of the lawsuit filed by Kai Kopp against the City and County of San Francisco for $40,000; the lawsuit was filed on March 28, 2016, in San Francisco Superior Court Case No. CGC-16-551183; entitled Kai Kopp v. City and County of San Francisco, et al.; the lawsuit involves an alleged personal injury in a City park. (City Attorney) 08/26/19; RECEIVED FROM DEPARTMENT. 09/03/19; RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. 190876 [Settlement of Lawsuit - Abuon Mayen - $225,000 - Appropriation - Water Enterprise Fund Balance] Ordinance authorizing settlement of the lawsuit filed by Abuon Mayen against the City and County of San Francisco for $225,000; the lawsuit was filed on March 6, 2018, in San Francisco Superior Court, Case No. CGC-18-566751; entitled Abuon Mayen v. City and County of San Francisco, et al.; the lawsuit involves alleged personal injury from a vehicle collision; and appropriating $225,000 from the San Francisco Public Utilities Commission Water Enterprise fund balance for payment of settlement. (City Attorney) 08/26/19; RECEIVED FROM DEPARTMENT. 09/03/19; RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. PROPOSED RESOLUTIONS 190877 [Contract Amendment - CCT Technologies, Inc. - Technology Marketplace - Not to Exceed $23,000,000] Resolution authorizing the Office of Contract Administration to enter into a First Amendment for Technology Marketplace purchases between the City and County of San Francisco and CCT Technologies Inc., dba ComputerLand, a Tier 1 contractor of the Technology Marketplace 2.0, to increase the contract amount by $3,000,000 for a total contract amount not to exceed $23,000,000 with no change to the three-year term to expire on December 31, 2021, with two one-year options to extend at the sole and absolute discretion of the City. (Office of Contract Administration) (Fiscal Impact) 08/26/19; RECEIVED FROM DEPARTMENT. 09/03/19; RECEIVED AND ASSIGNED to Budget and Finance Committee. 190878 [Contract Amendment - XTech JV - Technology Marketplace - Not to Exceed $44,000,000] Resolution authorizing the Office of Contract Administration to enter into a First Amendment for Technology Marketplace purchases between the City and County of San Francisco and XTech JV, a Tier 1 contractor of the Technology Marketplace 2.0, to increase the contract amount by $24,000,000 for a total contract amount not to exceed $44,000,000 with no change to the three-year term to expire on December 31, 2021, with two one-year options to extend at the sole and absolute discretion of the City. (Office of Contract Administration) (Fiscal Impact) 08/26/19; RECEIVED FROM DEPARTMENT. 09/03/19; RECEIVED AND ASSIGNED to Budget and Finance Committee. City and County of San Francisco Page 751 Printed at 3:23 pm on 9/30/19 ### [Page 27](https://sfbos.info/documents/612/2019-09-03-minutes#page-27) Board of Supervisors Meeting Minutes 9/3/2019 190879 [Grant of Easement and Acceptance of Quitclaim - Pacific Gas & Electric Company - Airport West-of-Bayshore Property - Replacement of Natural Gas Pipeline - $0] Resolution approving an Easement Agreement and Quitclaim of Easement between the City and County of San Francisco, acting by and through its Airport Commission, and Pacific Gas & Electric Company, for the exchange of easement areas at San Francisco International Airport’s West-of-Bayshore property, for zero dollars, to accommodate the replacement of a natural gas pipeline; authorizing the Airport Director and the Director of Property to execute documents, make certain modifications, and take actions in furtherance of this Resolution, as defined herein; 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. (Airport Commission) 08/16/19; RECEIVED FROM DEPARTMENT. 09/03/19; RECEIVED AND ASSIGNED to Budget and Finance Committee. 190880 [2011 Airport Lease and Use Agreement - El Al Israel Airlines Limited - Estimated Rent $1,300,879.46] Resolution approving a 2011 Lease and Use Agreement between the City and County of San Francisco, acting by and through its Airport Commission, and El Al Israel Airlines Limited, a corporation in Israel, to conduct flight operations at San Francisco International Airport, effective the first day of the month following full approval by the City and expiring on June 30, 2021, with an estimated rent of $1,300,879.46 for Exclusive Use Space rent, plus Joint Use Space rent and landing fees. (Airport Commission) 07/22/19; RECEIVED FROM DEPARTMENT. 09/03/19; RECEIVED AND ASSIGNED to Budget and Finance Committee. 190881 [Lease Agreement - MRG San Francisco, LLC - Terminal 2 Specialty Retail Lease No. 2 - $225,000 Minimum Annual Guarantee] Resolution approving the Terminal 2 Specialty Retail Lease No. 2 - Lease No. 19-0053, between MRG San Francisco, 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 $225,000 for the first year of the Lease, to commence following Board approval. (Airport Commission) 08/20/19; RECEIVED FROM DEPARTMENT. 09/03/19; RECEIVED AND ASSIGNED to Budget and Finance Committee. 190883 [Office of the Treasurer & Tax Collector to Examine Confidential California Department of Tax and Fee Administration Records] Resolution authorizing officers and employees of the Office of the Treasurer & Tax Collector of the City and County of San Francisco to examine sales or transactions and use tax records of the California Department of Tax and Fee Administration, pursuant to California Revenue and Taxation Code, Section 7056. (Treasurer-Tax Collector) 07/29/19; RECEIVED FROM DEPARTMENT. 09/03/19; RECEIVED AND ASSIGNED to Budget and Finance Committee. City and County of San Francisco Page 752 Printed at 3:23 pm on 9/30/19 ### [Page 28](https://sfbos.info/documents/612/2019-09-03-minutes#page-28) Board of Supervisors Meeting Minutes 9/3/2019 190884 [Settlement of Unlitigated Claim - Federal Insurance Company - $47,766.59] Resolution approving the settlement of the unlitigated claim filed by Federal Insurance Company against the City and County of San Francisco for $47,766.59; the claim was filed on February 13, 2019; the claim involves alleged property damage due to flooding from a ruptured water service line. (City Attorney) 08/26/19; RECEIVED FROM DEPARTMENT. 09/03/19; RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. 190885 [Settlement of Unlitigated Claim - The Mint Collection HOA - $35,147.30] Resolution approving the settlement of the unlitigated claim filed by The Mint Collection HOA against the City and County of San Francisco for $35,147.30; the claim was filed on September 7, 2018; the claim involves alleged property damaged due to sewer flooding. (City Attorney) 08/26/19; RECEIVED FROM DEPARTMENT. 09/03/19; RECEIVED AND ASSIGNED to Government Audit and Oversight Committee. In Memoriams Charles Rudnick - Supervisor Peskin Lorne Morrison - Supervisor Peskin Kirby Walker - Supervisor Stefani ADJOURNMENT There being no further business, the Board adjourned at the hour 5:42 p.m. N.B. The Minutes of this meeting set forth all actions taken by the Board of Supervisors on the matters stated, but not necessarily the chronological sequence in which the matters were taken up. Approved by the Board of Supervisors on October 8, 2019. Angela Calvillo, Clerk of the Board City and County of San Francisco Page 753 Printed at 3:23 pm on 9/30/19