Board of Supervisors Minutes: October 8, 2019

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. Ordinance No. 240-19 FINALLY PASSED The foregoing items were acted upon by the following vote:

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

Excused: Haney, Walton

190879 [Grant of Easement and Acceptance of Quitclaim - Pacific Gas & Electric Company - Airport West-of-Bayshore Property - Replacement of Natural Gas Pipeline - $0] Resolution approving an Easement Agreement and Quitclaim of Easement between the City and County of San Francisco, acting by and through its Airport Commission, and Pacific Gas & Electric Company, for the exchange of easement areas at San Francisco International Airport’s West-of-Bayshore property, for $0, to accommodate the replacement of a natural gas pipeline; authorizing the Airport Director and the Director of Property to execute documents, make certain modifications, and take actions in furtherance of this Resolution, as defined herein; finding the proposed transaction is in conformance with the General Plan, and the eight priority policies of Planning Code, Section 101.1; and adopting California Environmental Quality Act findings. (Airport Commission) Resolution No. 440-19 ADOPTED by the following vote:

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

Excused: Haney, Walton

190880 [2011 Airport Lease and Use Agreement - El Al Israel Airlines Limited - Estimated Rent $1,300,879.46] Resolution approving a 2011 Lease and Use Agreement between the City and County of San Francisco, acting by and through its Airport Commission, and El Al Israel Airlines Limited, a corporation in Israel, to conduct flight operations at San Francisco International Airport, effective the first day of the month following full approval by the City and expiring on June 30, 2021, with an estimated rent of $1,300,879.46 for Exclusive Use Space rent, plus Joint Use Space rent and landing fees. (Airport Commission) Resolution No. 441-19 ADOPTED by the following vote:

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

Excused: Haney, Walton

190906 [Amended and Restatement of Lease - Java House Restaurant - $4,000 Monthly Base Rent] Sponsor: Haney Resolution approving the Amended and Restatement of Lease No. L-14100 between the Port Commission and Java House, LLC, a California limited liability company, for the Java House Restaurant located at Pier 40½ at the Embarcadero and Townsend Street, increasing the monthly base rent from $3,314 to $4,000 including a conditional tenant option to extend for ten years, with no change to the initial length of term through August 31, 2023. (Port) Resolution No. 442-19 ADOPTED by the following vote:

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

Excused: Haney, Walton

190921 [Contract - Retroactive - Sentinel Offenders Services, LLC - Home Detention and Electronic Monitoring Services - $3,400,000] Resolution retroactively approving the Sheriff Department’s contract with Sentinel Offenders Services, LLC to administer a Home Detention and Electronic Monitoring Program, for a term of three years from August 1, 2019, through July 31, 2022, with two one-year options to renew, for a total contract amount of $3,400,000. (Sheriff) (Fiscal Impact) Resolution No. 443-19 ADOPTED by the following vote:

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

Excused: Haney, Walton

Exceed $65,000,000] Sponsor: Brown Resolution approving in accordance with Internal Revenue Code of 1986, Section 147(f), as amended, the issuance of revenue bonds or a loan by the California Municipal Finance Authority in one or more series pursuant to a plan of financing and in an aggregate issue price not to exceed $65,000,000 (“Bonds”) to refinance all or a portion of certain outstanding debt obligations that originally financed and refinanced the acquisition, construction, improvement, equipping and furnishing of facilities located at 890 Hayes Street, 815 Buena Vista West, 214 Haight Street, 1563 Mission Street, 1735 Mission Street, and 154 Coleridge Street within the City and County of San Francisco (“City”), owned and managed by HealthRIGHT 360, a California nonprofit public benefit corporation, in connection with the provision of residential treatment services in the City; finance additional improvements to and equipping and maintenance of such facilities; pay capitalized interest on the Bonds; fund a reserve fund for the Bonds; and pay certain expenses incurred in connection with the issuance of the Bonds. (Controller) Resolution No. 444-19 ADOPTED by the following vote:

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

Excused: Haney, Walton

190644 [Planning Code - Landmark Designation - 2031 Bush Street (aka the Kinmon Gakuen Building)] Sponsors: Brown; Peskin Ordinance amending the Planning Code to designate 2031 Bush Street (aka the Kinmon Gakuen Building), Assessor’s Parcel Block No. 0676, Lot No. 027, as a Landmark under Article 10 of the Planning Code; 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, and findings of public necessity, convenience and welfare findings under Planning Code, Section 302. (Historic Preservation Commission) PASSED ON FIRST READING by the following vote:

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

Excused: Haney, Walton

190793 [Environment, Police Codes - Electric Vehicle Charging in Commercial Parking] Sponsors: Mayor; Peskin, Mandelman, Safai, Brown and Ronen Ordinance amending the Environment Code to require commercial parking lots and garages with more than 100 parking spaces to install electric vehicle charging equipment; amending the Police Code to add compliance with the new requirement as a condition of existing as well as future permits for commercial parking lots and garages; and affirming the Planning Department’s determination under the California Environmental Quality Act. Supervisor Ronen requested to be added as a co-sponsor. PASSED ON FIRST READING by the following vote:

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

Excused: Haney, Walton

190830 [Liquor License Transfer - 399 Geary Street - CVS] Resolution determining that the transfer of a Type-21 off-sale general beer, wine, and distilled spirits liquor license to Garfield Beach CVS, LLC, doing business as CVS Pharmacy, located at 399 Geary Street (District 3), will not serve the public convenience or necessity of the City and County of San Francisco; and requesting that the California Department of Alcoholic Beverage Control deny the issuance of the license, in accordance with California Business and Professions Code, Section 23958.4. (Public Safety and Neighborhood Services Committee) Resolution No. 438-19 ADOPTED by the following vote:

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

Excused: Haney, Walton

190831 [Liquor Licenses - 1169 Market Street - Whole Foods Market] Resolution determining that the premise-to-premise transfer of a Type-21 off-sale general beer, wine, and distilled spirits liquor license, and the issuance of a Type-86 instructional tasting license to Whole Foods Market California, Inc., doing business as Whole Foods Market located at 1169 Market 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. 439-19 ADOPTED by the following vote:

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

Excused: Haney, Walton

181215 [Administrative, Planning Codes - South of Market Community Advisory Committee] Sponsor: Haney Ordinance amending the Administrative and Planning Codes to establish the South of Market Community Planning Advisory Committee to advise City officials and agencies on implementation of the Central SoMa Plan, Western SoMa Area Plan, and East SoMa Area Plan; to revise the membership and duties of the SOMA Community Stabilization Fund Community Advisory Committee and the Eastern Neighborhoods Citizens Advisory Committee; 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. PASSED ON FIRST READING by the following vote:

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

Excused: Haney, Walton

190068 [Appointments, Cannabis Oversight Committee - Ali Jamalian, Aaron Flynn, Doug Bloch, Leah “Nina Parks" Weitz, Jesse Stout, Theresa Foglio, and Sara Payan] Motion appointing Ali Jamalian, Aaron Flynn, Doug Bloch (residency requirement waived), Leah “Nina Parks” Weitz (residency requirement waived), Jesse Stout, Theresa Foglio (residency requirement waived), Sara Payan (residency requirement waived), terms ending December 3, 2020, to the Cannabis Oversight Committee. (Rules Committee) Motion No. M19-142 APPROVED by the following vote:

Ayes: Brown, Fewer, Mandelman, Mar, Peskin, Ronen, Safai, Stefani

Noes: Yee

Excused: Haney, Walton

190990 [Appointments, Children and Families First Commission - Joan Miller, Linda Asato, Suzanne Giraudo, and Lynn Merz] Motion appointing Joan Miller, indefinite term, and Linda Asato, Suzanne Giraudo, and Lynn Merz (residency requirement waived), terms ending April 29, 2023, to the Children and Families First Commission. (Rules Committee) Motion No. M19-143 APPROVED by the following vote:

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

Excused: Haney, Walton

190891 [Affirming the Community Plan Evaluation - 344-14th Street] Motion affirming the determination by the Planning Department that a proposed project at 344-14th Street is exempt from further environmental review under a Community Plan Evaluation. (Clerk of the Board) Motion No. M19-144 Supervisor Ronen, seconded by Supervisor Fewer, moved that this Motion be APPROVED. The motion carried by the following vote:

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

Excused: Haney, Walton

190892 [Conditionally Reversing the Community Plan Evaluation - 344-14th Street] Motion conditionally reversing the determination by the Planning Department that the proposed project at 344-14th Street is exempt from further environmental review under a Community Plan Evaluation, subject to the adoption of written findings of the Board in support of this determination. (Clerk of the Board) Supervisor Ronen, seconded by Supervisor Fewer, moved that this Motion be TABLED. The motion carried by the following vote:

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

Excused: Haney, Walton

190893 [Preparation of Findings to Reverse the Community Plan Evaluation - 344-14th Street] Motion directing the Clerk of the Board to prepare findings reversing a Community Plan Evaluation determination by the Planning Department that a proposed project at 344-14th Street is exempt from further environmental review under a Community Plan Evaluation. (Clerk of the Board) Supervisor Ronen, seconded by Supervisor Fewer, moved that this Motion be TABLED. The motion carried by the following vote:

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

Excused: Haney, Walton

190899 [Administrative Code - Compliance with Right to Return for Temporarily Displaced Tenants] Sponsors: Peskin; Brown, Walton and Mandelman Ordinance amending the Administrative Code to clarify that temporary evictions for capital improvements are intended to cover work that would make the unit hazardous, unhealthy, and/or uninhabitable, and are intended to last for the minimum amount of time required to complete the work; modify the standards that the Rent Board must consider when reviewing a request to authorize a temporary eviction for capital improvements to last more than three months; establish procedures for the landlord to inform the displaced tenant of the tenant’s right to reoccupy the unit upon completion of the work; and establish that a landlord’s failure to timely allow the tenant to reoccupy the unit may create a rebuttable presumption that the tenancy has been terminated by the landlord rather than by the tenant. Supervisor Mandelman requested to be added as a co-sponsor. PASSED ON FIRST READING by the following vote:

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

Excused: Haney, Walton

191008 [Commending San Francisco Hep B Free - Bay Area for 12 Years of Community Advocacy and Awareness] Sponsors: Yee; Mar and Fewer Resolution commending San Francisco Hep B Free - Bay Area on their 12th Annual “Be a Hero” Power of Jade Awards Gala on October 18, 2019, and recommitting San Francisco’s efforts to preventing and treating Hepatitis B. Supervisors Mar and Fewer requested to be added as co-sponsors. Resolution No. 447-19 ADOPTED The foregoing items were acted upon by the following vote:

Ayes: Brown, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Yee

Excused: Fewer, Haney, Walton

191004 [Urging the Municipal Transportation Agency to Ensure Further Compliance With Private Scooter Permit Conditions] Sponsors: Peskin; Yee, Safai, Brown, Fewer, Stefani and Mar Resolution urging the Municipal Transportation Agency to phase expansion of its Powered Scooter Permit Program, pending the actual and equitable installation of bike racks; further the demonstration of permittees’ ability to comply with labor, sustainability, community outreach, equitable access, and other requirements, as defined herein; and consider a publicly provided alternative. Supervisors Stefani and Mar requested to be added as co-sponsors. Supervisor Peskin, seconded by Supervisor Stefani, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE, by adding verbiage urging the Municipal Transportation Agency to create a reliable plan to prevent illegal use of scooters on sidewalks, and utilize the City’s First Source Hiring Program; and making other clarifying and conforming changes. The motion carried by the following vote:

Ayes: Brown, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Yee

Excused: Fewer, Haney, Walton

City and County of San Francisco Page 854 Printed at 2:35 pm on 11/1/19 Board of Supervisors Meeting Minutes 10/8/2019 Resolution urging the Municipal Transportation Agency to phase expansion of its Powered Scooter Permit Program, pending the actual and equitable installation of bike racks; a reliable plan to prevent illegal use of scooters on sidewalks; further the demonstration of permittees’ ability to comply with labor, sustainability, community outreach, equitable access, and other requirements, as defined herein; and consider a publicly provided alternative. Resolution No. 445-19 ADOPTED AS AMENDED by the following vote:

Ayes: Brown, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Yee

Excused: Fewer, Haney, Walton