Board of Supervisors Minutes: September 24, 2019

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) Supervisor Haney requested to be added as a co-sponsor. Ordinance No. 218-19 FINALLY PASSED by the following vote:

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

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) Ordinance No. 219-19 FINALLY PASSED by the following vote:

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

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. Ordinance No. 220-19 FINALLY PASSED by the following vote:

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

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.) Motion No. M19-136 APPROVED by the following vote:

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

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.) Motion No. M19-137 APPROVED by the following vote:

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

Noes: Mandelman, Peskin

he 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) PASSED ON FIRST READING by the following vote:

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

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) PASSED ON FIRST READING by the following vote:

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

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, and $3,000,000 of project funds are placed on Budget and Finance Committee Reserve pending submission of an expenditure plan for the contingency funds. (Fiscal Impact) PASSED ON FIRST READING by the following vote:

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

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) PASSED ON FIRST READING by the following vote:

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

190704 [Lease Agreement - Emporio Rulli, Inc. dba G.R. Chocolate Boutique - $150,000 Minimum Annual Guarantee] Resolution approving the Terminal 1 Retail Concession Lease No. 3 - Lease No. 18-0395, between Emporio Rulli, Inc. dba G.R. Chocolate Boutique and the City and County of San Francisco, acting by and through its Airport Commission, for a term of seven years with two one-year options to extend, with a minimum annual guarantee of $150,000 for the first year of the Lease, to commence upon approval by the Board of Supervisors. (Airport Commission) Resolution No. 408-19 ADOPTED by the following vote:

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

190705 [Lease and Operating Agreement - Smarte Carte Inc. - $6,493,853] Resolution approving the Airport Luggage Cart Lease and Operating Agreement No. 19-0069, between Smarte Carte Inc., and the City and County of San Francisco, acting by and through its Airport Commission, for a term of three years, with one three-year option to extend, in an amount not to exceed $6,493,853 to commence upon approval by the Board of Supervisors. (Airport Commission) Resolution No. 409-19 ADOPTED by the following vote:

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

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) Resolution No. 410-19 ADOPTED by the following vote:

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

190809 [Contract - Bar None Auction - Auctioning Services - $1,300,000 Anticipated Revenue] Resolution authorizing the Office of Contract Administration to enter into a contract for auctioning services with Bar None Auction with an anticipated revenue of $1,300,000 for a term of October 1, 2019, through September 30, 2022. (Office of Contract Administration) Resolution No. 411-19 ADOPTED by the following vote:

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

190850 [Sale of Transferable Development Rights - War Memorial Complex - 301 and 401 Van Ness Avenue] Sponsors: Mayor; Brown Resolution authorizing the Director of Property to sell up to 550,000 gross square feet of remaining transferable development rights (“TDR”) previously authorized from the War Memorial Complex, located at 301 and 401 Van Ness Avenue, at fair market value; and to execute and record Certificates of Transfer and to take such additional actions as may be necessary to effectuate one or more TDR transfers in accordance with Planning Code, Section 128. Resolution No. 412-19 ADOPTED by the following vote:

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

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) Resolution No. 413-19 ADOPTED by the following vote:

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

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. Resolution No. 406-19 ADOPTED by the following vote:

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

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. Resolution No. 414-19 ADOPTED by the following vote:

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

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 $51,175,586; 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) Resolution No. 405-19 ADOPTED by the following vote:

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

190285 [Administrative Code - Indigenous Peoples Day] Sponsor: Brown Ordinance amending the Administrative Code to update and revise the legislative findings in support of Indigenous Peoples Day. PASSED ON FIRST READING by the following vote:

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

190683 [Administrative Code - Conversion of Large Tourist Hotels] Sponsors: Peskin; Ronen, Mar and Walton Ordinance amending the Administrative Code to re-enact and revise the Tourist Hotel Conversion Ordinance, which restricted the conversion of hotel rooms in large tourist hotels to condominiums, and delete the sunset provision; and affirming the Planning Department’s determination under the California Environmental Quality Act. PASSED ON FIRST READING by the following vote:

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

190840 [Administrative Code - Street-Level Drug Dealing Task Force] Sponsors: Haney; Ronen, Walton and Mar Ordinance amending the Administrative Code to establish the Street-Level Drug Dealing Task Force to advise the Board of Supervisors, the Mayor, and City departments regarding policies to address harms related to street-level drug dealing in the Tenderloin, Civic Center, Mid-Market, and South of Market neighborhoods; and setting forth the membership and duties of the Task Force. Supervisor Haney, seconded by Supervisor Peskin, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 5, Lines 21-22, by adding ‘Department of Emergency Management’; on Page 6, Lines 8-10, by adding ‘ and (7) Success rates of diversion and workforce development programs aimed at people involved in street-level drug dealing.’ The motion carried by the following vote:

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

PASSED ON FIRST READING AS AMENDED by the following vote:

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

Supervisor Mandelman Excused from Voting Supervisor Ronen, seconded by Supervisor Safai, moved that Supervisor Mandelman be excused from voting on File No. 190894. The motion carried by the following vote:

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

Excused: Mandelman

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) Motion No. M19-138 APPROVED by the following vote:

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

Excused: Mandelman

190779 [Settlement of Lawsuit - Gregory Saputelli - $120,000] Ordinance authorizing settlement of the lawsuit filed by Gregory Saputelli against the City and County of San Francisco for $120,000; the lawsuit was filed on January 17, 2018, in San Francisco Superior Court, Case No. CGC-18-563713; entitled Gregory Saputelli v. City and County of San Francisco, et al.; the lawsuit involves alleged personal injury on a City street. (City Attorney) PASSED ON FIRST READING by the following vote:

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

190780 [Settlement of Lawsuit - Ana Landis Velazquez - $125,000] Ordinance authorizing settlement of the lawsuit filed by Ana Landis Velazquez against the City and County of San Francisco for $125,000; the lawsuit was filed on January 26, 2017, in San Francisco Superior Court, Case No. CGC-17-556697; entitled Ana Landis Velazquez v. City and County of San Francisco; the lawsuit involves an alleged personal injury on a City Street. (City Attorney) PASSED ON FIRST READING by the following vote:

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

190944 [Final Map No. 9537- Sunnydale HOPE SF Project, Final Map Phase One] Motion approving phased Final Map No. 9537, Sunnydale HOPE SF Project, Final Map Phase One, relating to portions of the Sunnydale HOPE SF Project, the re-subdivision of existing Assessor’s Parcel Block Nos. 6311 and 6312, Lot Nos. 01, resulting in six lots intended for housing and public right-of-way uses, subject to specified conditions; approving a Public Improvement Agreement related to the Final Map; and acknowledging findings pursuant to the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Public Works) Motion No. M19-140 APPROVED The foregoing items were acted upon by the following vote:

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

190951 [Urging the Governor to Sign California State Assembly Bill No. 857 (Chiu and Santiago) - Public Banks Act] Sponsors: Fewer; Walton, Ronen, Peskin, Brown, Mandelman, Mar, Haney, Stefani, Yee and Safai Resolution urging the Governor to sign into law California State Assembly Bill No. 857, authored by State Assembly Members David Chiu and Miguel Santiago, the “Public Banks Act,” to provide a pathway for the creation of municipal and regional public banks. Supervisors Stefani, Yee, and Safai requested to be added as co-sponsors. Resolution No. 415-19 ADOPTED by the following vote:

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