Board of Supervisors Minutes: October 22, 2019

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) Ordinance No. 243-19 FINALLY PASSED by the following vote:

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

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. Ordinance No. 244-19 FINALLY PASSED by the following vote:

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

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. Ordinance No. 242-19 FINALLY PASSED by the following vote:

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

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. Ordinance No. 245-19 FINALLY PASSED by the following vote:

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

istrative Code Appraisal Requirements] Ordinance approving the terms and conditions of, and authorizing the General Manager of the San Francisco Public Utilities Commission (SFPUC) to seek approval from the Board of Supervisors and Mayor to execute, a Memorandum of Agreement (MOA) with the City of Mountain View, California with a term of up to 20 years, providing for the SFPUC’s issuance to Mountain View of eight revocable licenses (New Licenses) for the use of SFPUC lands for public recreational purposes in exchange for Mountain View’s grant to the SFPUC of nine easements (Proposed Easements) and Mountain View’s agreement to perform other services, subject to Board of Supervisors approval pursuant to Charter, Section 9.118; exempting the MOA, the New Licenses, and the Proposed Easements from the appraisal requirements of San Francisco Administrative Code, Sections 23.3 and 23.30; affirming the SFPUC’s determination under the California Environmental Quality Act; and making findings, including findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1(b). (Public Utilities Commission) PASSED ON FIRST READING by the following vote:

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

190881 [Lease Agreement - MRG San Francisco, LLC - Terminal 2 Specialty Retail Lease No. 2 - $225,000 Minimum Annual Guarantee] Resolution approving the Terminal 2 Specialty Retail Lease No. 2 - Lease No. 19-0053, between MRG San Francisco, LLC and the City and County of San Francisco, acting by and through its Airport Commission, for a term of seven years, and a minimum annual guarantee of $225,000 for the first year of the Lease, to commence following Board approval. (Airport Commission) Resolution No. 449-19 ADOPTED by the following vote:

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

190920 [Lease Amendment - Lexington Lion San Francisco, LP - 350 Rhode Island Street-North - $2,850,000 Rent Credit] Resolution authorizing the execution and acceptance of the First Amendment to Lease of that certain lease dated September 28, 2017 (“Lease”), by and between Lexington Lion San Francisco, LP, a Delaware Limited Partnership and the City and County of San Francisco, for the real property located at 350 Rhode Island Street-North, facilitating the provision of a rent credit to the City in the amount of $2,850,000 in consideration for a waiver of certain real estate expense pass-through protections afforded to the City under the Lease, with no change to the term, to commence upon approval by the Board of Supervisors. (Real Estate Department) (Fiscal Impact) Resolution No. 448-19 ADOPTED by the following vote:

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

190904 [Accept and Expend Grant - Retroactive - California Department of State Hospitals - Pre-Trial Felony Mental Health Diversion Program - $2,300,400] Sponsor: Mayor Resolution retroactively authorizing the Department of Public Health to accept and expend a grant in the total amount of $2,300,400 from the California Department of State Hospitals to participate in a program, entitled “Pre-Trial Felony Mental Health Diversion,” for the three-year budget period of September 15, 2019, through September 14, 2022. (Public Health Department) Resolution No. 450-19 ADOPTED by the following vote:

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

190943 [Contract Agreement - Retroactive - State Department of Health Care Services - Substance Use Disorder Services - $171,714,918 - FYs 2019-2022] Resolution retroactively authorizing the Department of Public Health, Behavioral Health Services, to enter into a multi-year organized delivery system intergovernmental agreement for substance use disorder services with the State Department of Health Care Services, in the amount of $171,714,918 for the term of July 1, 2019, through June 30, 2022; and authorizing and designating the Department of Public Health County Alcohol and Drug Administrator to sign said Agreement and to approve amendments for less than 10% of the contracted amount. (Public Health Department) Resolution No. 451-19 ADOPTED by the following vote:

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

190975 [Apply for Grant Application - Centers for Disease Control and Prevention - Integrated HIV Surveillance and Prevention Programs for Health Departments - $7,008,377] Sponsors: Mayor; Mandelman Resolution authorizing the Department of Public Health to submit a one-year application for Calendar Year 2020 to continue to receive funding for the Integrated HIV Surveillance and Prevention Programs for Health Departments from the Centers of Disease Control and Prevention, and requesting $7,008,377 in HIV prevention funding for San Francisco from January 1, 2020, through December 31, 2020. (Public Health Department) Resolution No. 452-19 ADOPTED by the following vote:

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

190976 [Apply for Grant Application - Health Resources Services Administration - Ryan White Act HIV/AIDS Emergency Relief Grant Program - $16,126,350] Sponsors: Mayor; Mandelman Resolution authorizing the Department of Public Health to submit an application to continue to receive funding for the Ryan White Act HIV/AIDS Emergency Relief Grant Program from the Health Resources Service Administration; and requesting $16,126,350 in HIV Emergency Relief Program funding for the San Francisco Eligible Metropolitan Area for the period of March 1, 2020, through February 28, 2021. (Public Health Department) Resolution No. 453-19 ADOPTED by the following vote:

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

) to submit an application and related documents to the California Debt Limit Allocation Committee (“CDLAC”) to permit the issuance of residential mortgage revenue bonds in an aggregate principal amount not to exceed $56,700,000 for 410 China Basin Street (Mission Bay South Block 9); 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 $56,700,000; 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. 454-19 ADOPTED by the following vote:

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

190978 [Multifamily Housing Revenue Bonds - 385 Eddy Street (Hamlin Hotel) - Not to Exceed $26,967,500] Sponsor: Mayor Resolution authorizing the issuance and delivery of multifamily housing revenue bonds in an aggregate principal amount not to exceed $26,967,500 for the purpose of providing financing for the acquisition and rehabilitation of a 67-unit, affordable multifamily rental housing project located at 385 Eddy Street (Hamlin Hotel) within the City; approving the form of and authorizing the execution of a trust indenture providing terms and conditions of the bonds; approving the form of and authorizing the execution of a regulatory agreement and declaration of restrictive covenants; approving the form of and authorizing the execution of a loan agreement; authorizing the collection of certain fees; ratifying and approving any action heretofore taken in connection with the bonds and the project, as defined herein; granting general authority to City officials to take actions necessary to implement this Resolution, as defined herein, and related matters, as defined herein. Resolution No. 455-19 ADOPTED by the following vote:

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

mily housing revenue note (taxable) in an aggregate principal amount not to exceed $30,000,000 for the purpose of providing financing for the construction of a 167-unit multifamily rental housing project located at 242 Hahn Street (Sunnydale Block 6); approving the form of and authorizing the execution of funding loan agreement providing the terms and conditions of the loans from the funding lender to the City and the execution and delivery of the notes; approving the form of and authorizing the execution of a project loan agreement providing the terms and conditions of the loans from the City to the borrower; approving the form of and authorizing the execution of a regulatory agreement and declaration of restrictive covenants; authorizing the collection of certain fees; approving modifications, changes and additions to the documents; ratifying and approving any action heretofore taken in connection with the back-to-back loans, the notes and the project, as defined herein; granting general authority to City officials to take actions necessary to implement this Resolution, as defined herein; and related matters, as defined herein. Resolution No. 456-19 ADOPTED by the following vote:

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

980 [Loan Agreement - Block 6 Housing Partnership, L.P. - Sunnydale HOPE SF Block 6 - Not To Exceed $18,647,014] Sponsors: Mayor; Walton Resolution approving and authorizing the Director of the Mayor’s Office of Housing and Community Development to execute an Amended and Restated Loan Agreement with Block 6 Housing Partners, L.P., a California limited partnership, for a total loan amount not to exceed $18,647,014 to finance the construction of a 167-unit multifamily rental housing development for low-income households, which will be known as Sunnydale HOPE SF Block 6; and adopting findings that the loan agreement is consistent with the adopted Mitigation Monitoring and Reporting Program under the California Environmental Quality Act, the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Fiscal Impact) Supervisor Walton, seconded by Supervisor Ronen, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE, by changing ‘Block 6 Housing Partners, L.P.’ to ‘Block 6 Housing Partnership, L.P.’ throughout the legislation; and on Page 5, Line 7, by changing ‘thirty (30)’ to ‘forty five (45)’. The motion carried by the following vote:

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

Resolution approving and authorizing the Director of the Mayor’s Office of Housing and Community Development to execute an Amended and Restated Loan Agreement with Block 6 Housing Partnership, L.P., a California limited partnership, for a total loan amount not to exceed $18,647,014 to finance the construction of a 167-unit multifamily rental housing development for low-income households, which will be known as Sunnydale HOPE SF Block 6; and adopting findings that the loan agreement is consistent with the adopted Mitigation Monitoring and Reporting Program under the California Environmental Quality Act, the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Fiscal Impact) Resolution No. 457-19 ADOPTED AS AMENDED by the following vote:

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

190987 [Accept and Expend Grant - Retroactive - Every Kid Counts College Savings Program - Office of Financial Empowerment Kindergarten to College Program - $926,892] Sponsor: Walton Resolution retroactively authorizing the Office of the Treasurer & Tax Collector to accept and expend a grant in the amount of $926,892 from the California Student Aid Commission Every Kid Counts College Savings Program for the Office of Financial Empowerment Kindergarten to College Program for conducting outreach to families and provide incentives for families to contribute to college savings accounts for the period of May 1, 2019, through June 30, 2021. (Treasurer-Tax Collector) Resolution No. 458-19 ADOPTED by the following vote:

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

190832 [Memorandum of Understanding - Fire Fighters Union Local 798, Unit 1] Sponsor: Mayor Ordinance adopting and implementing the First Amendment to the 2018-2021 Memorandum of Understanding between the City and County of San Francisco and the San Francisco Fire Fighters Union, Local 798, Unit 1, to update the Union Security and Surf Rescue Premium provisions. PASSED ON FIRST READING by the following vote:

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

190833 [Memorandum of Understanding - Fire Fighters Union Local 798, Unit 2] Sponsor: Mayor Ordinance adopting and implementing the Second Amendment to the 2018-2021 Memorandum of Understanding between the City and County of San Francisco and the San Francisco Fire Fighters Union, Local 798, Unit 2, to update the Union Security and Surf Rescue Premium provisions. PASSED ON FIRST READING by the following vote:

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

190834 [Memorandum of Understanding - Laborers International Union, Local 261] Sponsor: Mayor Ordinance adopting and implementing the First Amendment to the 2019-2022 Memorandum of Understanding between the City and County of San Francisco and the Laborers International Union, Local 261, to update the Overtime Compensation and Health Insurance provisions. PASSED ON FIRST READING by the following vote:

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

190677 [Appointments, Urban Forestry Council - Morgan Vaisset-Fauvel, Andrew Sullivan, Pamela Nagle, Dan Flanagan, Ildiko Polony, Michael Sullivan, and Edgar Flores] Motion appointing Morgan Vaisset-Fauvel (residency requirement waived), Andrew Sullivan, Pamela Nagle, Dan Flanagan, Ildiko Polony, Michael Sullivan, and Edgar Flores, terms ending November 18, 2020, to the Urban Forestry Council. (Rules Committee) Motion No. M19-145 APPROVED by the following vote:

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

190843 [Administrative Code - General Obligation Bond Pass-Throughs to Tenants] Sponsors: Peskin; Ronen, Mandelman and Fewer Ordinance amending the Administrative Code to allow tenants who have received a pass-through of general obligation bond repayment costs from their landlords to seek relief from the Rent Board based on financial hardship; to limit the number of years that a landlord can cover in a single pass-through; and to extend the time period for tenants to pay such pass-throughs. Supervisors Mandelman 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

191028 [Supporting the “All In” Campaign] Sponsors: Mandelman; Brown, Stefani, Fewer, Mar and Yee Resolution supporting the “All In” campaign to contribute to the City’s efforts to reduce homelessness by welcoming homes and services in every District. Resolution No. 459-19 ADOPTED by the following vote:

Ayes: Brown, Haney, Mandelman, Mar, Peskin, Stefani, Walton, Yee

Absent: Fewer, Ronen, Safai