Board of Supervisors Minutes: October 29, 2019

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. Ordinance No. 250-19 FINALLY PASSED The foregoing items were acted upon by the following vote:

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

Excused: Walton

190808 [Emergency Declaration - Heating, Ventilation, and Air Conditioning System Failure - 1235 Mission Street - Estimated Cost of Repairs $775,000] Resolution approving the Director of Public Work’s declaration of an emergency for the heating, ventilation, and air conditioning system failure of all existing chillers on the rooftop of 1235 Mission Street, a property that is operated by the Human Services Agency, estimated to cost $775,000 to repair, pursuant to Administrative Code, Section 21.15(c). (Public Works) (Fiscal Impact) Resolution No. 460-19 ADOPTED by the following vote:

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

Excused: Walton

190855 [Waiver of Base Rent - Volunteers in Medicine, DBA Clinic By the Bay and ArtSpan - 35 and 45 Onondaga Avenue - Up to Six Months for $49,224] Sponsor: Safai Resolution authorizing the Director of Property to waive up to six months base rent for a total of $49,224 for existing leases between the City and County of San Francisco, as landlord, and Volunteers in Medicine, DBA Clinic By the Bay and ArtSpan, as tenants, for the City-owned properties located at 35 and 45 Onondaga Avenue. Resolution No. 461-19 ADOPTED by the following vote:

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

Excused: Walton

190981 [Contract Amendment - Tiburon, Inc. - Computer Aided Dispatch System Software Maintenance - Not to Exceed $7,153,056] Sponsor: Mayor Resolution approving an amendment to the Agreement between the City and County of San Francisco and Tiburon Inc., for computer aided dispatch system software maintenance to increase the amount by $1,905,904 for a total amount not to exceed $7,153,056 and extending the term by five years for a total contract term of June 29, 2012, through November 30, 2024. (Fiscal Impact) Resolution No. 462-19 ADOPTED by the following vote:

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

Excused: Walton

191003 [Apply for Grants - Retroactive - 2019 Emergency Preparedness Grants] Sponsor: Mayor Resolution retroactively authorizing designated City and County officials to execute and file, on behalf of the City and County of San Francisco, any actions necessary for the purpose of obtaining State and Federal financial assistance under various grant programs, including: the Federal Fiscal Year 2019 Urban Areas Security Initiative Grant, the Federal Fiscal Year 2019 State Homeland Security Grant Program, the 2019 Emergency Management Performance Grant, the 2019 Local Government Oil Spill Contingency Plan Grant, and the 2019 Hazard Mitigation Grant Program. Resolution No. 463-19 ADOPTED by the following vote:

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

Excused: Walton

191020 [Accept and Expend Grant - Retroactive - Department of Homeland Security - 2018 Port Security Grant Program - Alternate Disaster Operations Center - $105,000] Sponsor: Mayor Resolution retroactively authorizing the Port of San Francisco to accept and expend a grant award in the amount of $105,000 from the Department of Homeland Security’s 2018 Port Security Grant Program to fund the buildout of an alternative Disaster Operations Center (DOC) at Pier 50 as a backup to the Port’s primary DOC at Pier 1 for the period of September 1, 2018, through August 31, 2021. (Port) Resolution No. 464-19 ADOPTED by the following vote:

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

Excused: Walton

190928 [Health Code - City-Operated Adult Residential Facility] Sponsors: Ronen, Haney, Walton, Peskin, Mar, Mandelman, Brown, Safai and Yee Ordinance amending the Health Code to require the Department of Public Health to maintain and operate at full capacity an adult residential facility with no fewer than 41 beds. Supervisors Safai and Yee requested to be added as co-sponsors. Supervisor Ronen, seconded by Supervisor Safai, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 4, Line 3, by striking ‘trauma informed care’, Lines 4-8, by adding ‘on the following topics: trauma-informed care, patient safety, evidence-based de-escalation techniques, medication management, risk management, first aid and cardiopulmonary resuscitation (CPR), and detention for evaluation and treatment under Section 5150 of the California Welfare and Institutions Code.’, Line 8, by changing ‘This’ to ‘These’, Line 12, by adding ‘objective’, and Line 17, by adding ‘objective’. The motion carried by the following vote:

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

Excused: Walton

Supervisor Ronen requested this Ordinance be DUPLICATED. City and County of San Francisco Page 896 Printed at 12:38 pm on 12/2/19 Board of Supervisors Meeting Minutes 10/29/2019 See duplicated File No. 191102. PASSED ON FIRST READING AS AMENDED by the following vote:

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

Excused: Walton

191102 [Health, Administrative Codes - City-Operated Adult Residential Facility] Sponsors: Ronen, Haney, Walton, Peskin, Mar, Mandelman, Brown, Safai and Yee Ordinance amending the Health Code to require the Department of Public Health to maintain and operate at full capacity an adult residential facility with no fewer than 41 beds. Duplicated from File No. 190928. Supervisor Ronen, seconded by Supervisor Safai, moved that this Ordinance be RE-REFERRED to the Government Audit and Oversight Committee. The motion carried by the following vote:

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

Excused: Walton

190577 [Tourism Improvement District and Moscone Expansion District - Annual Report - FY2017-2018] Sponsor: Mayor Resolution receiving and approving the annual report for the Tourism Improvement District and Moscone Expansion District for FY2017-2018, submitted as required by the Property and Business Improvement District Law of 1994 (California Streets and Highways Code, Sections 36600, et seq.), Section 36650, and the District’s management agreement with the City, Section 3.4. (Department of Economic and Workforce Development) Resolution No. 465-19 ADOPTED by the following vote:

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

Excused: Walton

190762 [Civic Center Community Benefit District - Annual Report for FY2017-2018] Sponsors: Mayor; Haney and Brown Resolution receiving and approving an annual report for the Civic Center Community Benefit District for FY2017-2018, submitted as required by the Property and Business Improvement District Law of 1994 (California Streets and Highways Code, Sections 36600, et seq.), Section 36650, and the District’s Management Agreement with the City, Section 3.4. (Department of Economic and Workforce Development) Resolution No. 466-19 ADOPTED by the following vote:

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

Excused: Walton

190813 [Central Market Community Benefit District - Annual Report - 2017 Calendar Year] Sponsor: Haney Resolution receiving and approving an annual report for the Central Market Community Benefit District for calendar year 2017, submitted as required by the Property and Business Improvement District Law of 1994 (California Streets and Highways Code, Sections 36600, et seq.), Section 36650, and the District’s management agreement with the City, Section 3.4. (Department of Economic and Workforce Development) Resolution No. 467-19 ADOPTED by the following vote:

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

Excused: Walton

190814 [Yerba Buena Community Benefit District - Annual Report - FY2017-2018] Sponsor: Haney Resolution receiving and approving an annual report for the Yerba Buena Community Benefit District for FY2017-2018, submitted as required by the Property and Business Improvement District Law of 1994 (California Streets and Highways Code, Sections 36600, et seq.), Section 36650, and the District’s management agreement with the City, Section 3.4. (Department of Economic and Workforce Development) Resolution No. 468-19 ADOPTED by the following vote:

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

Excused: Walton

nder 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. (Economic Impact) (Supervisor Safai dissented in committee.) Supervisors Mandelman, Safai, and Brown requested to be added as co-sponsors. Supervisor Haney, seconded by Supervisor Peskin, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE, on Page 2, Lines 13-20, by adding a new Section 1(d) regarding the ‘Jobs Housing Nexus Analysis’ and its conclusions; on Page 16, Lines 14-18, by revising Table 413.5A; on Page 19, Line 6, through Page 20, Line 5, by adding additional requirements to ‘Office Fees for Large Capital Projects’ in Section 413.5B(c); on Page 20, Line 6, by adding a new Section 413.5B(d) regarding ‘Office Fees for Small Capital Projects’; on Page 20, Lines 6-20, by revising Section 413.5B9(e) regarding ‘Laboratory Fees’; on Page 24, Line 19, by revising Section 413.11(a) and (b); and making other clarifying and conforming changes. The motion carried by the following vote:

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

Ordinance amending the Planning Code to modify the Jobs Housing Linkage Fee by clarifying the indexing of the fee, adding options for complying with the fee, phasing increases to the fee, dedicating funds for permanent supportive housing and the preservation and acquisition of affordable housing, requiring periodic evaluation of the nexus study and fee, and to remove the monetary limit for the Small Sites Funds under the Inclusionary Housing Program; 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. PASSED ON FIRST READING AS AMENDED by the following vote:

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

190810 [Administrative, Public Works Codes - Recording of Jurisdictional Transfers and Street Vacations] Sponsor: Peskin Ordinance amending the Administrative Code and Public Works Code to require that any resolution approving a jurisdictional transfer of real property (a transfer of the authority over City-owned real property between City departments) be recorded in the Office of the Recorder together with a legal description and map of the real property; to require that any petition to the Board of Supervisors for a street vacation include a legal description and County Surveyor-approved map, and that the Clerk of the Board record in the Office of the Recorder a copy of the adopted ordinance together with the legal description and map; 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, Yee

Excused: Walton

190839 [Planning Code - Fulton Street Grocery Store Special Use District] Sponsor: Brown Ordinance amending the Planning Code to allow a grocery store use that is a formula retail use in the Fulton Street Grocery Store Special Use District (“District”), on Fulton Street between Laguna and Octavia Streets, subject to conditional use authorization, and adding criteria for such authorization; clarify the definition of a grocery store use within the District; eliminate square footage requirements for commercial uses in the District other than a grocery store and for subsequent uses in a location previously approved for a grocery store; extend the time period for effectiveness of controls for the District to five years from the effective date of the Ordinance; and making environmental findings, 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 under Planning Code, Section 302. PASSED ON FIRST READING by the following vote:

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

Excused: Walton

190710 [Health, Business and Tax Regulations Codes - Food Preparation and Service Establishment Categories, Disclosures, and Permit Fees] Sponsor: Peskin Ordinance amending the Health Code and Business and Tax Regulations Code to replace the requirement that food preparation and service establishments (“food facilities”) post a symbol issued by the Department of Public Health with a requirement to post a color-coded placard indicating whether the establishment has passed (green), conditionally passed (yellow), or failed (red) a health inspection; clarifying some of the terminology pertaining to violations and remedies and penalties for same; defining new categories of food facilities; establishing annual permit fees for new categories of food facilities; and increasing permit fees for temporary permits and food vending machines. PASSED ON FIRST READING by the following vote:

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

Excused: Walton

City and County of San Francisco Page 900 Printed at 12:38 pm on 12/2/19 Board of Supervisors Meeting Minutes 10/29/2019 Recommendations of the Rules Committee Supervisor Mar Excused from Voting Supervisor Peskin, seconded by Supervisor Ronen, moved that Supervisor Mar be excused from voting on File No. 191051. The motion carried by the following vote:

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

Excused: Mar, Walton

191051 [Appointment, Free City College Oversight Committee - Supervisor Gordon Mar] Motion appointing Supervisor Gordon Mar, for an indefinite term, to the Free City College Oversight Committee. (Clerk of the Board) Motion No. M19-146 APPROVED by the following vote:

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

Excused: Mar, Walton

191052 [Appointment, Cannabis Oversight Committee - Jessica Cry] Motion appointing Jessica Cry and Shawn Richard, terms ending December 3, 2020, to the Cannabis Oversight Committee. (Rules Committee) Supervisor Ronen, seconded by Supervisor Peskin, moved that this Motion be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE, by striking all verbiage appointing Shawn Richard to seat 12 on the Cannabis Oversight Committee. The motion carried by the following vote:

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

Excused: Walton

Motion appointing Jessica Cry, term ending December 3, 2020, to the Cannabis Oversight Committee. (Rules Committee) Motion No. M19-147 APPROVED AS AMENDED by the following vote:

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

Excused: Walton

191053 [Appointments, Close Juvenile Hall Working Group - Christina Gomez, Valentina Sedeno, Joanna Hernandez, Lonnie Holmes, Denise Coleman, Daniel Macallair, Constance Walker, Deborah Bill, and Samuel Carr] Motion appointing Christina Gomez, Valentina Sedeno (residency requirement waived), Joanna Hernandez (residency requirement waived), Lonnie Holmes, Denise Coleman, Daniel Macallair (residency requirement waived), Constance Walker, Deborah Bill (residency requirement waived), and Samuel Carr (residency requirement waived), for indefinite terms, to the Close Juvenile Hall Working Group. (Rules Committee) Motion No. M19-148 APPROVED by the following vote:

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

Excused: Walton

191058 [Appointments, Housing Conservatorship Working Group - Jessica Lehman, Jennifer Esteen, and Sara Short] Motion appointing Jessica Lehman (residency requirement waived), Jennifer Esteen (residency requirement waived), and Sara Short, for indefinite terms, to the Housing Conservatorship Working Group. (Rules Committee) Motion No. M19-149 APPROVED by the following vote:

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

Excused: Walton

190866 [Fire Code - Repealing 2016 Code, Adopting 2019 Code] Sponsor: Mayor Ordinance repealing the existing San Francisco Fire Code in its entirety and enacting a new San Francisco Fire Code consisting of the 2019 California Fire Code and portions of the 2018 International Fire Code, together with amendments specific to San Francisco with an operative date of January 1, 2020; adopting findings of local conditions pursuant to California Health and Safety Code, Section 17958.7; directing the Clerk of the Board of Supervisors to forward San Francisco’s amendments to the California Building Standards Commission and State Fire Marshal; and making environmental findings. (Fire Department) PASSED ON FIRST READING by the following vote:

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

190964 [Green Building Code - Repeal of Existing 2016 Code and Enactment of 2019 Edition] Ordinance repealing the 2016 Green Building Code in its entirety and enacting a 2019 Green Building Code consisting of the 2019 California Green Building Standards Code as amended by San Francisco; adopting environmental findings and findings of local conditions under the California Health and Safety Code; providing for an operative date of January 1, 2020; and directing the Clerk of the Board of Supervisors to forward the legislation to the California Building Standards Commission as required by State law. (Building Inspection Commission) PASSED ON FIRST READING by the following vote:

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

191093 [Recognizing Veterans Month - November] Sponsor: Stefani Resolution recognizing every November as Veterans Month in the City and County of San Francisco, and urging all San Franciscans to recognize the veterans in their community with acts of kindness. Supervisor Mar requested to be added as a co-sponsor. Supervisor Stefani, seconded by Supervisor Walton, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 1, Line 8, by striking ‘over 60,000’ and adding ‘approximately 25,000’. The motion carried by the following vote:

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

Excused: Brown

Resolution No. 469-19 ADOPTED AS AMENDED by the following vote:

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

Excused: Brown

191103 [Concurring in Proclamation of Local Emergency - Kincade Fire Evacuees] Sponsor: Yee Motion concurring in the October 27, 2019, proclamation by Mayor London N. Breed declaring the existence of a local emergency, in the actions taken to meet the emergency of the Kincade Fire in Sonoma County, and the request from State authorities that the City shelter evacuees from the Kincade Fire. President Yee inquired as to whether any member of the public wished to address the Board relating to the Motion concurring in the proclamation of local emergency for the Kincade fire evacuees, as referenced in File No. 191103. There were no speakers. The President declared public comment closed. Motion No. M19-150 APPROVED by the following vote:

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

Excused: Brown