Board of Supervisors Minutes: September 17, 2019

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. Ordinance No. 213-19 FINALLY PASSED The foregoing items were acted upon by the following vote:

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

Noes: None

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 $1.1801 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) Ordinance No. 217-19 FINALLY PASSED by the following vote:

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

Noes: None

190649 [Finding of Fiscal Feasibility - Airport Shoreline Protection Program - San Francisco International Airport] Resolution finding the proposed updated Airport Shoreline Protection Program at the San Francisco International Airport fiscally feasible and responsible pursuant to San Francisco Administrative Code, Chapter 29. (Airport Commission) (Fiscal Impact) Resolution No. 395-19 ADOPTED by the following vote:

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

Noes: None

190847 [Grant Agreement - Retroactive - Environmental Protection Agency - 900 Innes Remediation Project - $1,200,000] Sponsor: Mayor Resolution retroactively authorizing the Recreation and Park Department to enter into an agreement with the United States Environmental Protection Agency for the receipt of $1,200,000 for the 900 Innes Remediation Project, for a term of January 1, 2018, through September 30, 2020, pursuant to Charter, Section 9.118(a). (Recreation and Park Department) Resolution No. 396-19 ADOPTED by the following vote:

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

Noes: None

190851 [Accept and Expend Grant - California Victim Compensation Board - Criminal Restitution Compact - Not to Exceed $267,372] Sponsors: Mayor; Stefani Resolution authorizing the Office of the District Attorney to accept and expend a grant in the amount of $89,124 for the period of July 1, 2019, through June 30, 2020; $89,124 for the period of July 1, 2020, through June 30, 2021; and $89,124 for the period of July 1, 2021, through June 30, 2022, for a total not to exceed amount of $267,372 from the California Victim Compensation Board for the grant period of July 1, 2019, through June 30, 2022, to continue the Criminal Restitution Compact should the parties agree to an amendment as allowed under the provisions of the grant agreement. (District Attorney) Resolution No. 397-19 ADOPTED by the following vote:

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

Noes: None

190660 [Campaign and Governmental Conduct Code - Public Campaign Financing] Sponsors: Mar; Safai, Fewer, Ronen, Mandelman and Haney Ordinance amending the Campaign and Governmental Conduct Code to increase the matching ratio for campaign contributions raised by candidates participating in the City’s public financing program and the amount of public funds available for those candidates. (Pursuant to Campaign and Governmental Conduct Code, Section 1.103, this matter requires two-thirds vote of the full membership of the Board of Supervisors (8 votes) for passage.) (Fiscal Impact) Supervisors Ronen 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

Noes: None

190680 [Administrative Code - Heart Trouble and Pneumonia Presumptions for Fire and Police Retirement Benefits] Sponsors: Brown; Safai, Stefani, Walton, Yee, Haney, Peskin, Mar, Mandelman, Ronen and Fewer Ordinance amending the Administrative Code to amend heart trouble and pneumonia presumptions for firefighter and police officer industrial disability and death as a result of duty retirement benefits. (Pursuant to Charter, Section A8.500, this matter shall require a vote of three-fourths (9 votes) of all members of the Board of Supervisors to approve passage of this ordinance.) (Fiscal Impact) Supervisors Ronen and Fewer requested to be added as co-sponsors. PASSED ON FIRST READING by the following vote:

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

Noes: None

190366 [Fisherman's Wharf Community Benefit District and Fisherman's Wharf Portside Community Benefit District - Annual Report for FY2017-2018] Sponsor: Peskin Resolution receiving and approving an annual report for the Fisherman's Wharf Community Benefit District and Fisherman's Wharf Portside Community Benefit District for FY2017-2018, submitted as required by the Property and Business Improvement District Law of 1994 (California Streets and Highways Code, Sections 36600 et seq.), Section 36650, and the Districts' management agreements with the City, Section 3.4. Resolution No. 398-19 ADOPTED by the following vote:

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

Noes: None

190424 [Noe Valley Community Benefit District - Annual Report - FY2017-2018] Sponsor: Mandelman Resolution receiving and approving the annual report for the Noe Valley Community Benefit District for FY2017-2018, submitted as required by the Property and Business Improvement District Law of 1994 (California Streets and Highways Code, Sections 36600, et seq.), Section 36650, and the District’s management agreement with the City, Section 3.4. (Department of Economic and Workforce Development) Resolution No. 399-19 ADOPTED by the following vote:

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

Noes: None

190580 [Top of Broadway Community Benefit District - Annual Report - FY2017-2018] Sponsor: Peskin Resolution receiving and approving an annual report for the Top of Broadway Community Benefit District for FY2017-2018, submitted as required by the Property and Business Improvement District Law of 1994 (California Streets and Highways Code, Sections 36600, et seq.), Section 36650, and the District’s management agreement with the City, Section 3.4. (Department of Economic and Workforce Development) Resolution No. 400-19 ADOPTED by the following vote:

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

Noes: None

190664 [Ocean Avenue Community Benefit District - Annual Report - FY2017-2018] Sponsor: Yee Resolution receiving and approving the annual report for the Ocean Avenue Community Benefit District for FY2017-2018, submitted as required by the Property and Business Improvement District Law of 1994 (California Streets and Highways Code, Sections 36600, et seq.), Section 36650, and the District’s management agreement with the City, Section 3.4. (Department of Economic and Workforce Development) Resolution No. 401-19 ADOPTED by the following vote:

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

Noes: None

190708 [Environment Code - 100% Renewable Energy Required for On-Site Electricity Demands in Nonresidential Buildings of 50,000 Square Feet or More] Sponsors: Mayor; Brown, Safai, Peskin, Haney, Ronen and Mandelman Ordinance amending the Environment Code to require all nonresidential buildings of 50,000 square feet or more to provide all on-site electricity demands from 100% greenhouse gas-free or renewable sources and to authorize the Director of the Department of the Environment to adopt rules and regulations for implementation of the requirements; and affirming the Planning Department’s determination under the California Environmental Quality Act. Supervisors Ronen 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

Noes: None

190678 [Appointments, Commission of Animal Control and Welfare - Russell Tenofsky, Jane Tobin, and Michael Angelo Torres] Motion appointing Russell Tenofsky, Jane Tobin, and Michael Angelo Torres, terms ending April 30, 2021, to the Commission of Animal Control and Welfare. (Rules Committee) Motion No. M19-134 APPROVED by the following vote:

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

Noes: None

190863 [Mayoral Appointment, Historic Preservation Commission - Chris Foley] Motion approving 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.) (Supervisor Ronen dissented in committee.) Supervisor Peskin, seconded by Supervisor Mandelman, moved that this Motion be CONTINUED to the Board of Supervisors meeting of September 24, 2019. The motion carried by the following vote:

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

Noes: Brown, Safai, Stefani

190864 [Mayoral Appointment, Historic Preservation Commission - Lydia So] Motion approving 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.) (Supervisor Ronen dissented in committee.) Supervisor Peskin, seconded by Supervisor Mandelman, moved that this Motion be CONTINUED to the Board of Supervisors meeting of September 24, 2019. The motion carried by the following vote:

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

Noes: Brown, Safai, Stefani

190922 [Final Map 9812 - 3620 Cesar Chavez Street] Motion approving Final Map 9812, a 24 residential unit and one commercial unit, mixed-use condominium project, located at 3620 Cesar Chavez Street, being a subdivision of Assessor’s Parcel Block No. 6568, Lot No. 032; and adopting findings pursuant to the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Public Works) Motion No. M19-135 APPROVED The foregoing items were acted upon by the following vote:

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

Noes: None