Board of Supervisors Minutes: September 10, 2019

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. Ordinance No. 210-19 FINALLY PASSED The foregoing items were acted upon by the following vote:

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

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) Ordinance No. 208-19 FINALLY PASSED by the following vote:

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

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. Ordinance No. 209-19 FINALLY PASSED by the following vote:

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

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. Ordinance No. 212-19 FINALLY PASSED by the following vote:

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

190460 [Waiver of Banner Fee - Retroactive - SOMA Pilipinas Filipino Cultural Heritage District] Sponsor: Haney Ordinance retroactively waiving the banner fees under the Public Works Code for up to 300 banners placed on City-owned poles by SOMA Pilipinas, for an indefinite period beginning September 24, 2018, to celebrate the culture and visibility of the Filipino Cultural Heritage District. PASSED ON FIRST READING by the following vote:

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

190836 [Appropriation - Fund Balance - San Francisco Seawall Earthquake Safety and Disaster Prevention Program - $11,500,000 - FY2019-2020] Sponsors: Mayor; Peskin Ordinance appropriating $11,500,000 of fund balance to the Port for the San Francisco Seawall Earthquake Safety and Disaster Prevention Program in FY2019-2020. (Fiscal Impact) PASSED ON FIRST READING by the following vote:

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

190837 [Setting Property Tax Rate and Establishing Pass-Through Rate for Residential Tenants - FY2019-2020] Sponsor: Mayor Ordinance levying property taxes at a combined rate of $1.1771 on each $100 valuation of taxable property for the City and County of San Francisco, San Francisco Unified School District, San Francisco County Office of Education, San Francisco Community College District, Bay Area Rapid Transit District, and Bay Area Air Quality Management District; and establishing a pass-through rate of $0.0660 per $100 of assessed value for residential tenants pursuant to Administrative Code, Chapter 37, for the fiscal year ending June 30, 2020. (Fiscal Impact) Supervisor Fewer, seconded by Supervisor Peskin, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE, on Page 1, Line 3, by changing ‘$1.1771’ to ‘$1.1801’; on Page 3, Line 19, by changing ‘$0.01532528’ to ‘$0.01832528’, and Line 24, by changing ‘$0.00900000’ to ‘$0.01200000’, and Line 25, by changing ‘$0.01532528’ to ‘$0.01832528’; and Page 4, Line 13, by changing ‘$1.1771’ to ‘$1.1801’. The motion carried by the following vote:

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

Ordinance levying property taxes at a combined rate of $1.1801 on each $100 valuation of taxable property for the City and County of San Francisco, San Francisco Unified School District, San Francisco County Office of Education, San Francisco Community College District, Bay Area Rapid Transit District, and Bay Area Air Quality Management District; and establishing a pass-through rate of $0.0660 per $100 of assessed value for residential tenants pursuant to Administrative Code, Chapter 37, for the fiscal year ending June 30, 2020. (Fiscal Impact) PASSED ON FIRST READING AS AMENDED by the following vote:

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

190760 [Accept and Expend In-Kind Gift - Retroactive - Naloxone Distribution Project - $57,600] Sponsors: Mayor; Mandelman, Ronen and Haney Resolution retroactively authorizing the Police Department to accept and expend an in-kind gift of 768 units of Naloxone estimated at $57,600 through the Naloxone Distribution Project, which is funded by the Substance Abuse and Mental Health Services Administration and administered by the California Department of Health Care Services to combat opioid overdose-related deaths, for the term of February 1, 2019, through May 30, 2019. Supervisor Haney requested to be added as a co-sponsor. Resolution No. 385-19 ADOPTED by the following vote:

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

of a multifamily housing revenue note in one or more series in an aggregate principal amount not to exceed $23,500,000 for the purpose of providing financing for the construction of a 55-unit multifamily rental housing project known as “Bernal Gateway Apartments;” approving the form of and authorizing the execution of a funding loan agreement, providing the terms and conditions of the loan from the funding lender to the City, and the execution and delivery of the note; approving the form of and authorizing the execution of a project loan agreement providing the terms and conditions of the loan from the City to the borrower; approving the form of and authorizing the execution of a regulatory agreement and declaration of restrictive covenants; authorizing the collection of certain fees; approving modifications, changes, and additions to the documents; ratifying and approving any action heretofore taken in connection with the back-to-back loans, the note and the project, as defined herein; and granting general authority to City officials to take actions necessary to implement this Resolution; and related matters, as defined herein. Resolution No. 386-19 ADOPTED by the following vote:

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

190796 [Accept and Expend Gift - Retroactive - Julie Lepinard and JSLH Foundation - Artwork Entitled “La Rose des Vents” - Total Gift Value of $576,743] Sponsors: Fewer; Brown Resolution retroactively authorizing the Arts Commission to accept a gift of art, entitled “La Rose des Vents,” from the Julie Lepinard and JSLH Foundation valued at $386,421; authorizing the installation of the artwork in front of the Conservatory of Flowers in Golden Gate Park; and authorizing the Arts Commission to accept and expend a donation from the Julie Lepinard & JSLH Foundation of $190,322 for a total gift value of $576,743 for the purpose of maintaining the artwork for a period of September 1, 2019, through September 23, 2039. (Arts Commission) Resolution No. 387-19 ADOPTED by the following vote:

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

ntment of depositories and other agents for said bonds; providing for the establishment of accounts related to said bonds; providing for the manner of sale of said bonds by competitive or negotiated sale; approving the forms of Official Notice of Sale and Notice of Intention to Sell Bonds; directing the publication of the Notice of Intention to Sell Bonds; approving the form of the Preliminary Official Statement and the form and execution of the Official Statement relating to the sale of said Bonds; approving the form of the Continuing Disclosure Certificate; authorizing and approving modifications to documents; declaring the City's official intent to reimburse certain expenditures; waiving the deadline for submission of Bond Accountability Reports; adopting findings under the California Environmental Quality Act (CEQA), CEQA Guidelines, and Chapter 31 of the Administrative Code; ratifying certain actions previously taken, as defined herein; and granting general authority to City officials to take necessary actions in connection with the authorization, issuance, sale, and delivery of said bonds, as defined herein. (Fiscal Impact) Resolution No. 388-19 ADOPTED by the following vote:

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

5,000 aggregate principal amount of City and County of San Francisco Taxable General Obligation Bonds (Affordable Housing, 2015), Series 2019D; prescribing the form and terms of such bonds; providing for the appointment of depositories and other agents for such bonds; providing for the establishment of accounts and/or subaccounts related to such bonds; authorizing the sale of such bonds by competitive or negotiated sale; approving the forms of the Official Notice of Sale and Notice of Intention to Sell Bonds and directing the publication of the Notice of Intention to Sell Bonds; approving the form of the Bond Purchase Contract; approving the form of the Preliminary Official Statement and the execution of the Official Statement relating to the sale of such bonds; approving the form of the Continuing Disclosure Certificate; authorizing and approving modifications to such documents; ratifying certain actions previously taken, as defined herein; and granting general authority to City officials to take necessary actions in connection with the authorization, issuance, sale, and delivery of such bonds, as defined herein. (Fiscal Impact) Resolution No. 389-19 ADOPTED by the following vote:

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

190835 [Appropriation - 2012 General Obligation Parks Bond Proceeds - $3,100,000 - 2015 General Obligation Housing Bond Proceeds - $92,725,000 - FY2019-2020] Sponsors: Mayor; Fewer Ordinance appropriating $3,100,000 of proceeds from the 2012 General Obligation Parks Bond, Series 2019C, to the Port of San Francisco and appropriating $92,725,000 of proceeds from the 2015 General Obligation Housing Bond, Series 2019D, to the Mayor’s Office of Housing and Community Development in FY2019-2020 and placing $95,825,000 on Controller’s Reserve pending the sale of the bonds. (Fiscal Impact) PASSED ON FIRST READING by the following vote:

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

it Allocation Committee (“CDLAC”) to permit the issuance of residential mortgage revenue bonds in an aggregate principal amount not to exceed $19,350,000 for 480 Eddy Street; authorizing and directing the Director to direct the Controller’s Office to hold in trust an amount not to exceed $100,000 in accordance with CDLAC procedures; authorizing the Director to certify to CDLAC that the City has on deposit the required amount; authorizing the Director to pay an amount equal to such deposit to the State of California if the City fails to issue the residential mortgage revenue bonds; approving, for purposes of the Internal Revenue Code of 1986, as amended, the issuance and sale of residential mortgage revenue bonds by the City in an aggregate principal amount not to exceed $19,350,000; authorizing and directing the execution of any documents necessary to implement this Resolution; and ratifying and approving any action heretofore taken in connection with the Project, as defined herein, and the Application, as defined herein. (Mayor’s Office of Housing and Community Development) Supervisor Haney requested to be added as a co-sponsor. Resolution No. 390-19 ADOPTED by the following vote:

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

190853 [Apply for Grant Application - California Department of Housing and Community Development - Housing for a Healthy California Article II Grant Funds - Not to Exceed $14,300,000] Sponsors: Mayor; Mandelman Resolution authorizing the Mayor’s Office of Housing and Community Development, on behalf of the City and County of San Francisco, to apply for and execute a grant application, as defined herein, under the California Department of Housing and Community Development Housing for a Healthy California Article II Grant, for an amount not to exceed $14,300,000. (Mayor’s Office of Housing and Community Development) Resolution No. 391-19 ADOPTED by the following vote:

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

190812 [Planning Code - Allowing Long-Term Parking of and Overnight Camping in Vehicles and Ancillary Uses at 2340 San Jose Avenue] Sponsors: Safai; Yee, Ronen, Brown, Walton, Haney and Mandelman Ordinance amending the Planning Code to allow temporary long-term parking of and overnight camping in vehicles, and ancillary uses including administrative offices, restrooms, showering or bathing facilities, kitchen or other food preparation facilities, and eating areas at 2340 San Jose Avenue, Assessor’s Parcel Block No. 6973, Lot No. 039, subject to compliance with all other Municipal Code requirements, including but not limited to requirements of the Overnight Safe Parking Pilot Program; 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. Supervisors Brown, Walton, Haney, and Mandelman requested to be added as co-sponsors. PASSED ON FIRST READING by the following vote:

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

190911 [Opposing California Assembly Bill No. 235 (Mayes) - Electrical Corporations: Recovery of Catastrophic Wildfire Costs and Expenses] Sponsors: Ronen; Peskin, Walton and Fewer Resolution opposing California State Assembly Bill No. 235, authored by Assembly Member Chad Mayes, which would make PG&E customers and ratepayers act as guarantors if shareholders default on their payments due to continued wildfire safety negligence or poor management decisions. Supervisors Walton and Fewer requested to be added as co-sponsors. Resolution No. 394-19 ADOPTED The foregoing items were acted upon by the following vote:

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

Absent: Peskin

ssional 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. Supervisors Fewer, Safai, Stefani, Brown, Mandelman, Ronen, Walton, and Peskin requested to be added as co-sponsors. Resolution No. 393-19 ADOPTED by the following vote:

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

Absent: Peskin