# Board of Supervisors Minutes: October 1, 2019

- Meeting date: 2019-10-01
- Document type: minutes
- Source format: PDF
- Extracted pages: 27
- [Canonical HTML transcript](https://sfbos.info/documents/620/2019-10-01-minutes)
- [Authoritative City source](https://sfgov.legistar.com/View.ashx?M=M&ID=723244&GUID=76733A5F-BFA5-4EC5-8109-FAE65E25817B)

> This text was extracted for search and accessibility. The linked City source is the authoritative public record.

## Structured legislative records

### File 190889: Closed Session - Existing Litigation - Pacific Gas and Electric Company - September 3, 2019

- Pages: 19-20
- Vote 1: tabling
  - Action: . 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

### File 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)

- Pages: 20
- Sponsors: Mandelman
- Vote 1: adoption, likely final
  - Action: 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

### File 190982: Urging the Rent Board to Adopt Fair Guidelines for the Use of “Reasonable Reliance” in the Evaluation of Operating and Maintenance Pass-Throughs

- Pages: 20-21
- Sponsors: Brown; Peskin, Fewer, Yee, Ronen and Haney
- Vote 1: adoption, likely final
  - Action: 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
- Vote 2: rescission
  - Action: 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
- Vote 3: adoption, likely final
  - Action: Resolution No. 434-19 ADOPTED by the following vote:
  - Ayes: Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, Yee

## Extracted text

### [Page 19](https://sfbos.info/documents/620/2019-10-01-minutes#page-19)

Board of Supervisors                              Meeting Minutes                                                  10/1/2019




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)
            Supervisor Peskin, seconded by Supervisor Safai, moved that this Closed Session be TABLED. The
            motion carried by the following vote:
                 Ayes: 11 - Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, Yee




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### [Page 20](https://sfbos.info/documents/620/2019-10-01-minutes#page-20)

Board of Supervisors                             Meeting Minutes                                                10/1/2019




FOR ADOPTION WITHOUT COMMITTEE REFERENCE

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



Severed from the For Adoption Without Committee Reference Agenda
            Supervisor Brown requested that File No. 190982 be severed so that it may be considered
            separately.


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: 11 - 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: 11 - Brown, Fewer, Haney, Mandelman, Mar, Peskn, Ronen, Safai, Stefani, Walton, Yee
            Resolution No. 434-19
            ADOPTED by the following vote:
                 Ayes: 11 - Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton, Yee




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