Board of Supervisors Minutes: October 1, 2019

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. Ordinance No. 222-19 FINALLY PASSED The foregoing items were acted upon by the following vote:

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

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. Ordinance No. 225-19 FINALLY PASSED by the following vote:

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

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) Resolution No. 425-19 ADOPTED by the following vote:

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

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) Resolution No. 426-19 ADOPTED by the following vote:

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

190933 [Accept and Expend In-Kind Gift - Retroactive - Consulting Services, Various Providers - Valued at $750,400] Sponsor: Mayor Resolution retroactively authorizing the Department of Technology to accept an in-kind gift of consulting services valued at $750,400 from various providers during FY2018-2019. (Department of Technology) Resolution No. 433-19 ADOPTED by the following vote:

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

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) Resolution No. 429-19 ADOPTED by the following vote:

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

190930 [Apply for Grant - California Department of Health Care Services - Housing Funds for Whole Person Care Pilot Program - Not to Exceed $8,130,059] Sponsors: Mayor; Mandelman Resolution approving the Department of Public Health to apply for the one-time Housing Funds for Whole Person Care pilot program from the California Department of Health Care Services in an amount not to exceed $8,130,059 from January 1, 2020, through June 30, 2025; and designating the Department of Homelessness and Supportive Housing as the single point of contact for the Housing Funds for Whole Person Care pilot allocation. (Public Health Department) Resolution No. 418-19 ADOPTED by the following vote:

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

190931 [Accept and Expend Grant - Retroactive - North Valley Consortium Workforce Development Board - Prison to Employment Initiative - $387,105] Sponsors: Mayor; Walton Resolution retroactively authorizing the Office of Economic and Workforce Development to accept and expend a grant in the amount of $387,105 from the Bay-Peninsula Regional Planning Unit fiscal agent, the North Valley Consortium Workforce Development Board, for expansion of an in-custody job center and coordination of post-release job training and workforce development programs, for the period of September 1, 2019, through March 31, 2022. (Department of Economic and Workforce Development) Resolution No. 431-19 ADOPTED by the following vote:

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

190932 [Accept and Expend Grant - California Department of Pesticide Regulation - Pest Prevention in Affordable Housing Sites - $160,651] Sponsors: Mayor; Brown Resolution authorizing the Department of the Environment to accept and expend a grant in the amount of $160,651 from the California Department of Pesticide Regulation for the purpose of evaluating the success of pest prevention efforts in affordable housing for the period of October 1, 2019, through September 30, 2022. (Environment) Resolution No. 432-19 ADOPTED by the following vote:

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

$18,510,000] Sponsors: Mayor; Safai Resolution approving and authorizing the Director of the Mayor’s Office of Housing and Community Development to execute documents relating to a loan to provide financing for predevelopment activities for the construction of a 100% affordable 137-unit multifamily rental housing project known as 4840 Mission, including the payoff of an acquisition loan, completion of additional architectural design and design consultant work, and other predevelopment activities, in an aggregate amount not to exceed $18,510,000; approving the form of and authorizing the execution of a first amendment to the loan agreement, an amended and restated promissory note, and an amendment to the deed of trust; ratifying and approving any action heretofore taken in connection with the project, as defined herein; granting general authority to City officials to take actions necessary to implement this Resolution, as defined herein; and finding that the loan is consistent with the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Mayor’s Office of Housing and Community Development) (Fiscal Impact) Resolution No. 419-19 ADOPTED by the following vote:

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

ssuance of residential mortgage revenue bonds pursuant to a plan of financing in an aggregate principal amount not to exceed $47,760,000 for 1049 Golden Gate Avenue, 949-959 Laguna Street, 900-940 McAllister Street, and 1010-1030 Buchanan Street (Frederick Douglas Haynes Apartments); 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 $47,760,000; authorizing and directing the execution of any documents necessary to implement this Resolution; and ratifying and approving any action heretofore taken in connection with the Project, as defined herein, and the Application, as defined herein. Resolution No. 407-19 ADOPTED by the following vote:

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

190786 [Board Response - Civil Grand Jury Report - Act Now Before it is Too Late: Aggressively Expand and Enhance Our High-Pressure Emergency Firefighting Water System] Sponsor: Mar Resolution responding to the Presiding Judge of the Superior Court on the findings and recommendations contained in the 2018-2019 Civil Grand Jury Report, entitled “Act Now Before it is Too Late: Aggressively Expand and Enhance Our High-Pressure Emergency Firefighting Water System;” and urging the Mayor to cause the implementation of accepted findings and recommendations through his/her department heads and through the development of the annual budget. (Clerk of the Board) Supervisor Mar requested to be added as the primary sponsor. Resolution No. 422-19 ADOPTED by the following vote:

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

190788 [Board Response - Civil Grand Jury Report - Improving Continuity Review for Increased Public Accountability: The 2018-2019 San Francisco Civil Grand Jury Continuity Report] Sponsor: Mar Resolution responding to the Presiding Judge of the Superior Court on the findings and recommendations contained in the 2018-2019 Civil Grand Jury Report, entitled “Improving Continuity Review for Increased Public Accountability: The 2018-2019 San Francisco Civil Grand Jury Continuity Report;” and urging the Mayor to cause the implementation of accepted findings and recommendations through his/her department heads and through the development of the annual budget. (Clerk of the Board) Supervisor Mar requested to be added as the primary sponsor. Resolution No. 423-19 ADOPTED by the following vote:

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

190790 [Board Response - Civil Grand Jury Report - Pedestrian Safety in the Era of Electric Mobility Devices] Sponsor: Mar Resolution responding to the Presiding Judge of the Superior Court on the findings and recommendations contained in the 2018-2019 Civil Grand Jury Report, entitled “Pedestrian Safety in the Era of Electric Mobility Devices;” and urging the Mayor to cause the implementation of accepted findings and recommendations through his/her department heads and through the development of the annual budget. (Clerk of the Board) Supervisor Mar requested to be added as the primary sponsor. Resolution No. 424-19 ADOPTED by the following vote:

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

180701 [Follow-Up Board Response - Civil Grand Jury Report - Mitigating the Housing Crisis: Accessory Dwelling Units and Modular Housing] Motion responding to the Civil Grand Jury’s request to provide a status update on the Board of Supervisor’s response to Recommendation Nos. R2 and R3 contained in the 2017-2018 Civil Grand Jury Report, entitled “Mitigating the Housing Crisis: Accessory Dwelling Units and Modular Housing.” (Government Audit and Oversight Committee) Motion No. M19-141 APPROVED by the following vote:

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

180637 [Acacia Street - Dedication as Public Right-of-Way and Acceptance of Sidewalk and Roadway Improvements for Maintenance and Liability] Ordinance accepting Acacia Street and the irrevocable offer of improvements on Acacia Street for City maintenance and liability, subject to specified limitations; dedicating Acacia Street and improvements thereon to public use, declaring this area as shown on official Public Works drawings as open public right-of-way, and designating it for street and roadway purposes; establishing official sidewalk widths, public right-of-way widths, and street grades for Acacia Street; accepting two Public Works Orders making recommendations and certifications related to the Acacia Street improvements; authorizing official acts in connection with this Ordinance, as defined herein; adopting the Planning Department’s determinations 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. (Public Works) PASSED ON FIRST READING by the following vote:

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

190908 [Interim Zoning Controls - Conditional Use Authorization for Conversion of Residential Care Facilities to Other Uses] Sponsors: Mandelman; Yee, Safai, Haney, Peskin, Ronen, Fewer and Brown 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. Supervisors Ronen, Fewer, and Brown requested to be added as co-sponsors. Resolution No. 430-19 ADOPTED by the following vote:

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

190497 [Administrative Code - Mental Health Board/Behavioral Health Commission] Sponsors: Stefani; Mandelman Ordinance amending the Administrative Code to change the name of the Mental Health Board to the Behavioral Health Commission; to include in the definition of a “consumer” one who receives substance use services; and to permit a consumer who is an employee in a behavioral health public or private agency and who does not have any interest, influence, or authority over any financial or contractual matter concerning the employer, to be appointed to the Commission. PASSED ON FIRST READING by the following vote:

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

190059 [Liquor License Transfer - 32-3rd Street - Night Market] Resolution determining that the premise-to-premise transfer of a Type-48 on-sale general public premises liquor license to 32 3rd Street L-PSHIP, doing business as Night Market located at 32-3rd Street (District 6), 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. 420-19 ADOPTED by the following vote:

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

. 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) Supervisor Peskin, seconded by Supervisor Safai, moved that this Closed Session be TABLED. The motion carried by the following vote:

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

190985 [Approval of a 30-Day Extension for Planning Commission Review of Exemption from Density Limits for Affordable and Unauthorized Units; Residential Care Facilities (File No. 190757)] Sponsor: Mandelman Resolution extending by 30 days the prescribed time within which the Planning Commission may render its decision on an Ordinance (File No. 190757) amending the Planning Code to provide an exception from density limit calculations for all affordable units in projects not seeking and receiving a density bonus, permit the legalization of all unauthorized dwelling units notwithstanding a history of no-fault evictions, and principally permit residential care facilities for seven or more persons in all RH (Residential, House) zoning districts; 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 pursuant to Planning Code, Section 302. Resolution No. 435-19 ADOPTED by the following vote:

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

190982 [Urging the Rent Board to Adopt Fair Guidelines for the Use of “Reasonable Reliance” in the Evaluation of Operating and Maintenance Pass-Throughs] Sponsors: Brown; Peskin, Fewer, Yee, Ronen and Haney Resolution urging the Rent Stabilization and Arbitration Board to adopt fair and objective guidelines, upholding the spirit of the Rent Ordinance outlined in Chapter 37 of the Administrative Code, for the use of “reasonable reliance” in the evaluation of operating and maintenance pass-through petitions, including specific criteria demonstrating their reliance on additional rent increases to pay for increased expenses. Supervisors Ronen and Haney requested to be added as co-sponsors. ADOPTED by the following vote:

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

Supervisor Safai, seconded by Superivisor Fewer, moved to rescind the previous vote to allow additional public comment. The motion carried by the following vote:

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

Resolution No. 434-19 ADOPTED by the following vote:

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

190986 [Italian American Heritage Month - October] Sponsors: Stefani; Peskin, Walton and Safai Resolution recognizing October of each year to be Italian American Heritage Month in honor of the countless Italian American individuals and organizations who have contributed to the City and County of San Francisco. Supervisors Walton and Safai requested to be added as co-sponsors. Resolution No. 436-19 ADOPTED by the following vote:

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

190988 [Urging the Municipal Transportation Agency to Issue Permits to California State Assembly Bill No. 5-Compliant Entities Seeking to Operate in San Francisco] Sponsors: Yee; Walton, Peskin, Mar, Stefani, Brown, Haney, Fewer, Safai, Ronen and Mandelman Resolution urging the Municipal Transportation Agency to consider compliance with California State Assembly Bill No. 5 when issuing permits to emerging technology entities, contractors, vendors, and any business entity required to have a permit in order to operate in the City and County of San Francisco. Resolution No. 437-19 ADOPTED by the following vote:

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