# Board of Supervisors Agenda: November 12, 2019 - Meeting date: 2019-11-12 - Document type: agenda - Pages in official PDF: 22 - [Canonical HTML transcript](https://sfbos.info/documents/629/2019-11-12-agenda) - [Authoritative City PDF](https://sfgov.legistar.com/View.ashx?M=A&ID=737759&GUID=66A40D51-22EB-4CEA-A38D-DB8D79FD314D) > This text was extracted for search and accessibility. 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Para más información o solicitar servicios, por favor contactar a (415) 554-5184. PAUNAWA: Mayroong serbisyong pang-wika sa Espanyol, Intsik at Tagalog para sa lahat ng mga regular at espesyal na pulong ng Board, at Komite ng Board. Sa kasalukuyan, mayroong serbisyo sa wikang Filipino na maaaring i-request sa pinakmababa na di bababa sa 48 oras bago ang pulong upang matiyak na matutugunan and inyong kahilingan. Para sa karagdagang impormasyon o para humiling ng serbisyo pang-wika, tawagan lamang ang (415) 554-5184. Disability Access The Legislative Chamber (Room 250) and the Committee Room (Room 263) in City Hall are wheelchair accessible. Meetings are real-time captioned and are cablecast open-captioned on SFGovTV, the Government Channel 26. Assistive listening devices for the Legislative Chamber are available upon request at the Clerk of the Board's Office, Room 244. Assistive listening devices for the Committee Room are available upon request at the Clerk of the Board's Office, Room 244 or in the Committee Room. To request sign language interpreters, readers, large print agendas or other accommodations, please contact (415) 554-5184 or (415) 554-5227 (TTY). Requests made at least 48 hours in advance of the meeting will help to ensure availability. The nearest accessible BART station is Civic Center (Market/Grove/Hyde Streets). Accessible MUNI Metro lines are the F, J, K, L, M, N, T (exit at Civic Center or Van Ness Stations). MUNI bus lines also serving the area are the 5, 5R, 6, 7, 7R, 7X, 9, 9R, 19, 21, 47, and 49. For more information about MUNI accessible services, call (415) 701-4485. There is accessible parking in the vicinity of City Hall at Civic Center Plaza and adjacent to Davies Hall and the War Memorial Complex. Accessible curbside parking is available on Dr. Carlton B. Goodlett Place and Grove Street. In order to assist the City’s efforts to accommodate persons with severe allergies, environmental illness, multiple chemical sensitivity or related disabilities, attendees at public meetings are reminded that other attendees may be sensitive to perfumes and various other chemical-based scented products. Please help the City to accommodate these individuals. Know Your Rights Under The Sunshine Ordinance Government's duty is to serve the public, reaching its decision in full view of the public. Commissions, boards, councils, and other agencies of the City and County exist to conduct the people's business. This ordinance assures that deliberations are conducted before the people and that City operations are open to the people's review. For information on your rights under the Sunshine Ordinance (San Francisco Administrative Code, Chapter 67) or to report a violation of the ordinance, contact by mail Sunshine Ordinance Task Force, 1 Dr. Carlton B. Goodlett Place, Room 244, San Francisco CA 94102; phone at (415) 554-7724; fax at (415) 554-5163; or by email at sotf@sfgov.org Citizens may obtain a free company of the Sunshine Ordinance by printing the San Francisco Administrative Code, Chapter 67, on the Internet at http://www.sfbos.org/sunshine Lobbyist Registration and Reporting Requirements Individuals and entities that influence or attempt to influence local legislative or administrative action may be required by the San Francisco Lobbyist Ordinance [SF Campaign & Governmental Conduct Code, Section 2.100] to register and report lobbying activity. For more information about the Lobbyist Ordinance, please contact the San Francisco Ethics Commission at 25 Van Ness Avenue, Suite 220, San Francisco, CA 94102; telephone (415) 252-3100; fax (415) 252-3112; web site http://www.sfgov.org/ethics ### [Page 4](https://sfbos.info/documents/629/2019-11-12-agenda#page-4) Board of Supervisors Meeting Agenda Tuesday, November 12, 2019 ROLL CALL AND PLEDGE OF ALLEGIANCE COMMUNICATIONS APPROVAL OF MEETING MINUTES Approval of the October 8, 2019, Board Meeting Minutes. AGENDA CHANGES SPECIAL ORDER 2:00 P.M. - Mayor's Appearance Before The Board Pursuant to Charter Section 3.100(7), the Mayor shall appear, in person, at one regularly scheduled meeting of the Board of Supervisors each month to engage in formal policy discussions with members of the Board. This item will be read at the Board Meeting on the second Tuesday of each month, unless rescheduled by the Mayor and the Board President. The Mayor and the Board may not discuss matters that have already been considered in Committee and that are on the Board's Agenda as an action item. By eight (8) votes, the Board of Supervisors may, by oral motion, allow an eligible District Supervisor to ask a question that was not previously posed if the question relates to a sudden or unexpected incident or occurrence raising formal, time-sensitive policy questions that were not anticipated prior to the posting of this agenda. Public comment for this item will take place during general public comment. There were no questions submitted from Supervisors representing Districts 1, 2, 3, or 4. The Mayor may address the Board for up to five minutes. City and County of San Francisco Page 4 Printed at 5:29 pm on 11/7/19 ### [Page 5](https://sfbos.info/documents/629/2019-11-12-agenda#page-5) Board of Supervisors Meeting Agenda Tuesday, November 12, 2019 REGULAR AGENDA UNFINISHED BUSINESS Recommendations of the Land Use and Transportation Committee Present: Supervisors Peskin, Safai, Haney 1. 190959 [Building Code - Repeal of Existing 2016 Code and Enactment of 2019 Edition] Ordinance repealing the 2016 Building Code in its entirety and enacting a 2019 Building Code consisting of the 2019 California Building Code and the 2019 California Residential 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 to forward the legislation to the California Building Standards Commission as required by State law. (Building Inspection Commission) 11/05/2019; PASSED ON FIRST READING. Question: Shall this Ordinance be FINALLY PASSED? 2. 190960 [Existing Building Code - Repeal of Existing 2016 Code and Enactment of 2019 Edition] Ordinance repealing the 2016 Existing Building Code in its entirety and enacting a 2019 Existing Building Code consisting of the 2019 California Existing Building 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 to forward the legislation to the California Building Standards Commission as required by State law. (Building Inspection Commission) 11/05/2019; PASSED ON FIRST READING. Question: Shall this Ordinance be FINALLY PASSED? 3. 190961 [Electrical Code - Repeal of Existing 2016 Code and Enactment of 2019 Edition] Ordinance repealing the 2016 Electrical Code in its entirety and enacting a 2019 Electrical Code consisting of the 2019 California Electrical Code as amended by San Francisco; adopting environmental findings and findings of local conditions under the California Health and Safety Code; providing 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) 11/05/2019; PASSED ON FIRST READING. Question: Shall this Ordinance be FINALLY PASSED? City and County of San Francisco Page 5 Printed at 5:29 pm on 11/7/19 ### [Page 6](https://sfbos.info/documents/629/2019-11-12-agenda#page-6) Board of Supervisors Meeting Agenda Tuesday, November 12, 2019 4. 190962 [Mechanical Code - Repeal of Existing 2016 Code and Enactment of 2019 Edition] Ordinance repealing the 2016 Mechanical Code in its entirety and enacting a 2019 Mechanical Code consisting of the 2019 California Mechanical Code as amended by San Francisco; adopting environmental findings and findings of local conditions under the California Health and Safety Code; providing 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) 11/05/2019; PASSED ON FIRST READING. Question: Shall this Ordinance be FINALLY PASSED? 5. 190963 [Plumbing Code - Repeal of Existing 2016 Code and Enactment of 2019 Edition] Ordinance repealing the 2016 Plumbing Code in its entirety and enacting a 2019 Plumbing Code consisting of the 2019 California Plumbing Code as amended by San Francisco; adopting environmental findings and findings of local conditions under the California Health and Safety Code; providing 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) 11/05/2019; PASSED ON FIRST READING. Question: Shall this Ordinance be FINALLY PASSED? Recommendations of the Rules Committee Present: Supervisors Ronen, Walton, Mar 6. 190945 [Charter Amendment - Retiree Health Benefits - Housing Authority Employees] Sponsors: Mayor; Walton, Peskin, Stefani, Yee, Safai, Ronen, Brown, Mar, Mandelman, Fewer and Haney Charter Amendment (First Draft) to amend the Charter of the City and County of San Francisco to provide retiree health care benefits to employees of the Housing Authority of the City and County of San Francisco (“Housing Authority”) who started working for the City and County of San Francisco on or after March 7, 2019, and before March 1, 2021, without a break in service between employment with the Housing Authority and employment with the City and County of San Francisco; and affirming the Planning Department’s determination under the California Environmental Quality Act; at an election to be held on March 3, 2020. 11/05/2019; CONTINUED. Question: Shall this Charter Amendment be SUBMITTED? City and County of San Francisco Page 6 Printed at 5:29 pm on 11/7/19 ### [Page 7](https://sfbos.info/documents/629/2019-11-12-agenda#page-7) Board of Supervisors Meeting Agenda Tuesday, November 12, 2019 7. 190499 [Administrative Code - Dissolving Workforce Community Advisory Committee and Committee on City Workforce Alignment] Ordinance amending the Administrative Code to dissolve the Workforce Community Advisory Committee and the Committee on City Workforce Alignment. (Clerk of the Board) 11/05/2019; PASSED ON FIRST READING. Question: Shall this Ordinance be FINALLY PASSED? 8. 190949 [Administrative Code - Extension of Pedestrian Safety Advisory Committee] Sponsors: Yee; Haney, Mar, Ronen, Walton, Fewer and Mandelman Ordinance amending the Administrative Code to extend the sunset date for the Pedestrian Safety Advisory Committee by one year, to October 1, 2020, and requiring the Committee to recommend changes to its structure and duties. 11/05/2019; PASSED ON FIRST READING. Question: Shall this Ordinance be FINALLY PASSED? NEW BUSINESS Recommendations of the Budget and Finance Committee Present: Supervisors Fewer, Stefani, Mandelman 9. 190842 [Various Codes - Renewing and Extending Waiver and Refund of Investigation Fee - Two-Year Extension of Medical Cannabis Dispensary Permits and Temporary Cannabis Business Permits - Three-Year Extension of Temporary Cannabis Retail Use Authorization] Sponsor: Mandelman Ordinance renewing and extending a prior waiver and refund of investigation fees imposed by Building Code, Section 107A.5, for persons registered with the Office of Cannabis through December 31, 2020; amending the Health Code to extend the date beyond which temporary Medical Cannabis Dispensary Permits issued under Article 33 of the Health Code are rendered invalid from December 31, 2019, to December 31, 2021; amending the Police Code to extend the date beyond which Temporary Cannabis Business Permits issued under Article 16 of the Police Code cannot be extended from December 31, 2019, to December 31, 2021; amending the Planning Code to extend the date by which a Grandfathered Medical Cannabis Dispensary, as defined in the Planning Code, must have received a permit to operate from the Department of Public Health to be deemed a Temporary Cannabis Sales use, as defined in the Planning Code, from December 31, 2019, to December 31, 2021; amending the Planning Code to extend the duration of a Temporary Cannabis Retail Sales use to up to four years, to expire on January 1, 2022; 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 under Planning Code, Section 302. Question: Shall this Ordinance be PASSED ON FIRST READING? City and County of San Francisco Page 7 Printed at 5:29 pm on 11/7/19 ### [Page 8](https://sfbos.info/documents/629/2019-11-12-agenda#page-8) Board of Supervisors Meeting Agenda Tuesday, November 12, 2019 10. 190927 [Business and Tax Regulations Code - Administration of Traffic Congestion Mitigation Tax] Sponsor: Peskin Ordinance amending the Business and Tax Regulations Code to add provisions to administer the Traffic Congestion Mitigation Tax; and to make conforming non-substantive changes. Question: Shall this Ordinance be PASSED ON FIRST READING? 11. 191001 [Contract Amendment - Motorola, Inc. - Emergency Communications Equipment - Not to Exceed $81,000,000] Sponsor: Mayor Ordinance approving an amendment to the System Purchase and Installation Agreement between the City and County of San Francisco, acting through the Department of Emergency Management, and Motorola Inc., to increase the amount of the Agreement by $33,000,000 for a total amount not to exceed $81,000,000; and extending the term by seven and a half years to commence June 31, 2021, for a total term of October 28, 2016, through December 31, 2029. (Department of Emergency Management) (Fiscal Impact) Question: Shall this Ordinance be PASSED ON FIRST READING? 12. 190995 [Agreement Amendment - Alliant Insurance Services, Inc. - Insurance Brokerage Services - Not to Exceed $74,000,000] Resolution authorizing the Director of the Risk Management Division of the Office of the City Administrator to enter into a First Amendment for insurance brokerage services with Alliant Insurance Services, to increase the agreement amount by $39,500,000 for a total amount not to exceed $74,000,000 pursuant to Charter, Section 9.118, with no change to the term length to expire on June 30, 2020, to commence upon approval by the Board of Supervisors. (City Administrator) (Fiscal Impact) Question: Shall this Resolution be ADOPTED? 13. 190998 [Master Lease Amendment - United States Navy - Treasure Island Land and Structures] Resolution approving Amendment No. 44 to the Treasure Island Land and Structures Master Lease between the Treasure Island Development Authority and the United States Navy to extend the term for one year to commence December 1, 2019, for a total term of November 19, 1998, through November 30, 2020. (Treasure Island Development Authority) Question: Shall this Resolution be ADOPTED? City and County of San Francisco Page 8 Printed at 5:29 pm on 11/7/19 ### [Page 9](https://sfbos.info/documents/629/2019-11-12-agenda#page-9) Board of Supervisors Meeting Agenda Tuesday, November 12, 2019 14. 191049 [Grant Agreement Amendment - Institute on Aging - Community Living Fund - Not to Exceed $10,564,736] Resolution approving a first amendment to the grant agreement between the City and County of San Francisco and the Institute on Aging for the provision of the Community Living Fund, to increase the amount of the grant by $770,000 for a total amount not to exceed $10,564,736 to commence November 1, 2019, with no change to the term length of July 1, 2019, through June 30, 2021. (Human Services Agency) (Fiscal Impact) Question: Shall this Resolution be ADOPTED? Recommendation of the Government Audit and Oversight Committee Present: Supervisors Mar, Brown, Peskin 15. 190994 [Settlement of Lawsuit - Riana Buffin and Crystal Patterson - City to Comply with New Pretrial Detention Policies and Provide Funding for Pretrial Diversion Project] Ordinance authorizing settlement of the lawsuit filed by Riana Buffin and Crystal Patterson against Sheriff Vicki Hennessy in her official capacity as Sheriff; the settlement prohibits the Sheriff from using the existing bail schedule for arrested individuals and from using any similar policy that determines the existence or length of pre-arraignment detention based on an arrestee’s ability to pay, requires the Sheriff to release certain arrestees within 18 hours from the time of booking under some circumstances, and is conditioned on the City providing additional funding to the Own Recognizance Project of the San Francisco Pretrial Diversion Project; the lawsuit was filed on October 28, 2015, in U.S. District Court for the Northern District of California, Case No. 15-CV-04959-YGR; entitled Riana Buffin and Crystal Patterson, on behalf of themselves and others similarly situated v. Vicki Hennessy in her official capacity as the San Francisco Sheriff, et al.; the lawsuit involves claims that the Sheriff’s use of the San Francisco Superior Court’s bail schedule as a basis for pre-arraignment detention or release of arrestees violates the United States Constitution. (City Attorney) Question: Shall this Ordinance be PASSED ON FIRST READING? Recommendations of the Budget and Finance Committee Present: Supervisors Fewer, Stefani, Mandelman 16. 191070 [Appropriation - General Reserve - Sheriff’s Department, Police Department, and District Attorney - $2,191,869 - FY2019-2020] Sponsor: Mayor Ordinance appropriating $2,191,869 of General Fund General Reserves for funding for the Sheriff’s Department, Police Department, and District Attorney to implement the terms of the stipulated final judgment in the action entitled Riana Buffin and Crystal Patterson, on behalf of themselves and others similarly situated v. Vicki Hennessy in her official capacity as the San Francisco Sheriff, et al. (Board File No. 190994). (Fiscal Impact) Question: Shall this Ordinance be PASSED ON FIRST READING? City and County of San Francisco Page 9 Printed at 5:29 pm on 11/7/19 ### [Page 10](https://sfbos.info/documents/629/2019-11-12-agenda#page-10) Board of Supervisors Meeting Agenda Tuesday, November 12, 2019 17. 191071 [Public Employment - Amendment to the Salary Ordinance for the District Attorney and the Sheriff’s Department - FY2019-2020] Sponsor: Mayor Ordinance amending Ordinance No. 170-19 (Salary Ordinance FYs 2019-2020 and 2020-2021) to reflect the addition of five new positions (2.5 FTEs) in FY2019-2020, and for limited term through Fiscal Year 2020-2021 at the District Attorney's Office and the Sheriff’s Department to implement the terms of the stipulated final judgment in the action entitled Riana Buffin and Crystal Patterson, on behalf of themselves and others similarly situated v. Vicki Hennessy in her official capacity as the San Francisco Sheriff, et al. (Board File No. 190994). (Fiscal Impact) Question: Shall this Ordinance be PASSED ON FIRST READING? Recommendations of the Land Use and Transportation Committee Present: Supervisors Peskin, Safai, Haney 18. 190907 [Street Name Change - Gilbert Street to Jeff Adachi Way] Sponsors: Haney; Yee, Peskin, Walton, Ronen, Brown, Mar, Mandelman, Fewer and Safai Resolution renaming one block of Gilbert Street between Bryant and Brannan Street, which runs parallel to Sixth and Seventh Streets and perpendicular to Bryant and Brannan Streets, to “Jeff Adachi Way.” Question: Shall this Resolution be ADOPTED? 19. 190919 [Jurisdictional Transfer and Exchange of City Property - Municipal Transportation Agency - Real Estate Division - 1419 Bryant Street - 1200-15th Street - $0] Resolution approving the jurisdictional transfer of 1419 Bryant Street, a portion of Assessor's Parcel Block No. 3904, Lot No. 002, consisting of approximately 48,000 square feet, currently under the jurisdiction of the Municipal Transportation Agency (MTA) to the Real Estate Division on behalf of Animal Care and Control (ACC), and 1200-15th Street, Assessor’s Parcel Block No. 3925, Lot No. 002, consisting of 15,260 square feet improved with an office building of approximately 29,116 rentable square feet, commonly known as the City’s Animal Shelter, currently under the jurisdiction of the ACC to the MTA, subject to the terms and conditions of a Memorandum of Understanding between MTA and ACC; approving the transfer price of $0; adopting environmental findings, and other findings that the actions set forth in this Resolution are consistent with the General Plan, and the eight priority policies of Planning Code, Section 101.1; and authorizing other actions in furtherance of this Resolution, as defined herein. (Real Estate Department) Question: Shall this Resolution be ADOPTED? City and County of San Francisco Page 10 Printed at 5:29 pm on 11/7/19 ### [Page 11](https://sfbos.info/documents/629/2019-11-12-agenda#page-11) Board of Supervisors Meeting Agenda Tuesday, November 12, 2019 Recommendations of the Rules Committee Present: Supervisors Ronen, Walton, Mar 20. 191094 [Appointment, Ballot Simplification Committee - Lauren Girardin] Motion appointing Lauren Girardin, term ending November 30, 2020, to the Ballot Simplification Committee. (Clerk of the Board) Question: Shall this Motion be APPROVED? 21. 191096 [Appointments, Citizens General Obligation Bond Oversight Committee - Timothy Mathews and Kristin Chu] Motion appointing Timothy Mathews and Kristin Chu, terms ending November 21, 2020, to the Citizens General Obligation Bond Oversight Committee. (Clerk of the Board) Question: Shall this Motion be APPROVED? SPECIAL ORDER 2:30 P.M. - Recognition of Commendations City and County of San Francisco Page 11 Printed at 5:29 pm on 11/7/19 ### [Page 12](https://sfbos.info/documents/629/2019-11-12-agenda#page-12) Board of Supervisors Meeting Agenda Tuesday, November 12, 2019 SPECIAL ORDER 3:00 P.M. APPEAL PROCEDURES Board Rule 4.18 provides that public hearings on appeals shall be scheduled for 3:00 p.m. If more than one public hearing is scheduled, then the Clerk, in consultation with the President, may determine the order in which the appeals will be scheduled. Second and later appeals may be scheduled at specified times later than 3:00 p.m. An appeal shall not be heard prior to its scheduled time on the calendar, and it may not be called until the Board's consideration of appeals scheduled earlier on the calendar is completed. It is the policy of the Clerk of the Board to schedule multiple appeals in the following order at 3:00 p.m: 1. Appeals where all parties have agreed to request a continuance or a tabling of the appeal. 2. Continued appeals from previous Board meetings (continued appeals will be listed in order of those closest to deadlines for Board decision). 3. Appeals appearing on the calendar for the first time, in chronological order of receipt by the Clerk. 4. Multiple appeals appearing on the calendar may be staggered at times specific, beginning at 3:00 p.m. 5. Appeals involving participants who have ADA considerations may be set for specific times beginning at 3:00 p.m. (Hearing continued from November 5, 2019.) 22. 191035 [Hearing - Appeal of Final Environmental Impact Report Certification - Proposed Project at 3333 California Street] Hearing of persons interested in or objecting to the certification of a Final Environmental Impact Report for a proposed mixed-use project and project variant at 3333 California Street, identified in Planning Case No. 2015-014028ENV, issued by the Planning Commission through Motion No. 20512, dated September 5, 2019; to demolish the existing annex building, surface parking lots, and circular garage ramps; partially demolish the existing four-story office building and divide it into two separate buildings, vertically expanding the existing building to add two to three levels; construct 13 new buildings that would include 824,691 square feet of residential uses containing a total of 558 units, 54,117 square feet of retail use, 49,999 square feet of office use, and 14,690 square feet of child care use; the project variant would include 978,611 square feet of residential uses containing a total of 744 units, 48,593 square feet of retail use, and 14,650 square feet of child care use; both project and project variant would include vehicular parking, bicycle parking, loading facilities and streetscape improvements. (District 2) (Appellants: Kathryn Devincenzi, on behalf of the Laurel Heights Improvement Association of San Francisco, Inc.) (Filed: October 7, 2019) (Clerk of the Board) 11/05/2019; CONTINUED. Question: Shall this Hearing be HEARD AND FILED? Pursuant to Government Code Section 65009, notice is hereby given: If you challenge the above matter in court, you may be limited to raising only those issues you or someone else raised at the public hearing described above, or in written correspondence delivered to the Board of Supervisors, (1 Dr. Carlton B. Goodlett Place, Room 244; San Francisco, CA 94102-4689) at, or prior to, the public hearing. City and County of San Francisco Page 12 Printed at 5:29 pm on 11/7/19 ### [Page 13](https://sfbos.info/documents/629/2019-11-12-agenda#page-13) Board of Supervisors Meeting Agenda Tuesday, November 12, 2019 (Only one of the following two Motions should be approved.) 23. 191036 [Affirming the Final Environmental Impact Report Certification - Proposed Project at 3333 California Street] Motion affirming the Planning Commission’s certification of the Final Environmental Impact Report prepared for the proposed project at 3333 California Street. (Clerk of the Board) 11/05/2019; CONTINUED. Question: Shall this Motion be APPROVED? 24. 191037 [Conditionally Reversing the Final Environmental Impact Report Certification - Proposed Project at 3333 California Street] Motion conditionally reversing the Planning Commission’s certification of the Final Environmental Impact Report prepared for the proposed project at 3333 California Street, subject to the adoption of written findings of the Board of Supervisors in support of this determination. (Clerk of the Board) 11/05/2019; CONTINUED. Question: Shall this Motion be APPROVED? 25. 191038 [Preparation of Findings to Reverse the Final Environmental Impact Report Certification - Proposed Project at 3333 California Street] Motion directing the Clerk of the Board to prepare findings related to reversing the Planning Commission’s certification of the Final Environmental Impact Report prepared for the proposed project at 3333 California Street. (Clerk of the Board) 11/05/2019; CONTINUED. Question: Shall this Motion be APPROVED? City and County of San Francisco Page 13 Printed at 5:29 pm on 11/7/19 ### [Page 14](https://sfbos.info/documents/629/2019-11-12-agenda#page-14) Board of Supervisors Meeting Agenda Tuesday, November 12, 2019 SPECIAL ORDER 3:00 P.M. (Hearing continued from November 5, 2019.) 26. 191039 [Hearing - Appeal of Conditional Use Authorization - Proposed Project at 3333 California Street] Hearing of persons interested in or objecting to the certification of a Conditional Use Authorization and planned development for a proposed project at 3333 California Street, Assessor’s Parcel Block No. 1032, Lot No. 003, identified in Planning Case No. 2015-014028CUA, issued by the Planning Commission by Motion No. 20516, dated September 5, 2019, to allow structures to exceed 40 feet in height within an RM (Residential, Mixed) Zoning District and 3333 California Street Special Use District and for an existing child care facility to change of use to residential use, pursuant to Planning Code, Sections 253, 303 and 304, of the Planning Code modifications to the Rear Yard Requirements (Section 134), Permitted Obstructions (Section 136), Dwelling Unit Exposure (Section 140), General Standards for Off-Street Parking, Freight Loading, and Service Vehicle Facilities (Section 155); Dwelling Unit Density (Section 207), and Measurement of Height (Section 260), within the RM-1 (Residential, Mixed, Low Density) Zoning District and a 40-X, 67-X, 80-X, and 92-X Height and Bulk District. (District 2) (Appellant: Kathryn Devincenzi, on behalf of Laurel Heights Improvement Association of San Francisco, Inc.) (Filed October 7, 2019) (Clerk of the Board) 11/05/2019; CONTINUED. Question: Shall this Hearing be HEARD AND FILED? Pursuant to Government Code Section 65009, notice is hereby given: If you challenge the above matter in court, you may be limited to raising only those issues you or someone else raised at the public hearing described above, or in written correspondence delivered to the Board of Supervisors, (1 Dr. Carlton B. Goodlett Place, Room 244; San Francisco, CA 94102-4689) at, or prior to, the public hearing. (Only one of the following two Motions should be approved.) 27. 191040 [Approving Conditional Use Authorization - 3333 California Street] Motion approving the decision of the Planning Commission by its Motion No. 20516, approving a Conditional Use Authorization, identified as Planning Case No. 2015-014028CUA, for a proposed project located at 3333 California Street; and adopting findings pursuant to Planning Code, Section 101.1. (Clerk of the Board) 11/05/2019; CONTINUED. Question: Shall this Motion be APPROVED? City and County of San Francisco Page 14 Printed at 5:29 pm on 11/7/19 ### [Page 15](https://sfbos.info/documents/629/2019-11-12-agenda#page-15) Board of Supervisors Meeting Agenda Tuesday, November 12, 2019 28. 191041 [Conditionally Disapproving Conditional Use Authorization - 3333 California Street] Motion conditionally disapproving the decision of the Planning Commission by its Motion No. 20516, approving a Conditional Use Authorization, identified as Planning Case No. 2015-014028CUA, for a proposed project located at 3333 California Street, subject to the adoption of written findings by the Board in support of this determination. (Clerk of the Board) (Charter, Section 4.105, and Planning Code, Section 308.1(d), provides that the Board of Supervisors may disapprove the decision of the Planning Commission by a vote of not less than two-thirds of the members of the Board (eight votes).) 11/05/2019; CONTINUED. Question: Shall this Motion be APPROVED? 29. 191042 [Preparation of Findings Related to Conditional Use Authorization Appeal - 3333 California Street] Motion directing the Clerk of the Board to prepare findings in support of the Board of Supervisors' disapproval of the proposed Conditional Use Authorization, identified in Planning Case No. 2015-014028CUA, for a proposed project at 3333 California Street. (Clerk of the Board) 11/05/2019; CONTINUED. Question: Shall this Motion be APPROVED? SPECIAL ORDER 3:00 P.M. (Hearing continued open from November 5, 2019.) 30. 191043 [Hearing - Appeal of Tentative Map Approval - 3333 California Street] Hearing of persons interested in or objecting to the decision of Public Works, dated September 27, 2019, approving a Tentative Map for a 15 Lot Vertical Subdivision and 675 Residential and 64 Commercial, mixed-use new condominium project at 3333 California Street, Assessor’s Parcel Block No. 1032, Lot No. 003. (District 2) (Appellant: Kathryn Devincenzi, on behalf of Laurel Heights Improvement Association of San Francisco, Inc.) (Filed: October 7, 2019) (Clerk of the Board) 11/05/2019; CONTINUED OPEN. Question: Shall this Hearing be HEARD AND FILED? Pursuant to Government Code Section 65009, notice is hereby given: If you challenge the above matter in court, you may be limited to raising only those issues you or someone else raised at the public hearing described above, or in written correspondence delivered to the Board of Supervisors, (1 Dr. Carlton B. Goodlett Place, Room 244; San Francisco, CA 94102-4689) at, or prior to, the public hearing. City and County of San Francisco Page 15 Printed at 5:29 pm on 11/7/19 ### [Page 16](https://sfbos.info/documents/629/2019-11-12-agenda#page-16) Board of Supervisors Meeting Agenda Tuesday, November 12, 2019 (Only one of the following two Motions should be approved.) 31. 191044 [Approving Decision of Public Works and Approving Tentative Map - 3333 California Street] Motion approving the decision of Public Works and approving the Tentative Map for a 15 Lot Vertical Subdivision and 675 Residential and 64 Commercial mixed-use new condominium project at 3333 California Street, Assessor’s Parcel Block No. 1032, Lot No. 003; and making environmental findings, and findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Clerk of the Board) 11/05/2019; CONTINUED. Question: Shall this Motion be APPROVED? 32. 191045 [Conditionally Disapproving Decision of Public Works and Disapproving Tentative Map - 3333 California Street] Motion conditionally disapproving the decision of Public Works and disapproving the Tentative Map for a 15 Lot Vertical Subdivision and 675 Residential and 64 Commercial mixed-use new condominium project at 3333 California Street, Assessor’s Parcel Block No. 1032, Lot No. 003, subject to the Board of Supervisors’ adoption of written findings in support of the disapproval. (Clerk of the Board) 11/05/2019; CONTINUED. Question: Shall this Motion be APPROVED? 33. 191046 [Preparation of Findings Related to the Tentative Map - 3333 California Street] Motion directing the Clerk of the Board to prepare findings relating to the Board of Supervisors' decision to disapprove the Tentative Map for a 15 Lot Vertical Subdivision and 675 Residential and 64 Commercial mixed-use new condominium project at 3333 California Street, Assessor’s Parcel Block No. 1032, Lot No. 003. (Clerk of the Board) 11/05/2019; CONTINUED. Question: Shall this Motion be APPROVED? City and County of San Francisco Page 16 Printed at 5:29 pm on 11/7/19 ### [Page 17](https://sfbos.info/documents/629/2019-11-12-agenda#page-17) Board of Supervisors Meeting Agenda Tuesday, November 12, 2019 Referred Without Recommendation from the Land Use and Transportation Committee Present: Supervisors Peskin, Safai, Haney 34. 190844 [Planning Code, Zoning Map - 3333 California Street Special Use District] Sponsor: Stefani Ordinance amending the Planning Code and Zoning Map to create the 3333 California Street Special Use District; 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 convenience, necessity, and welfare under Planning Code, Section 302. (Economic Impact) 11/05/2019; CONTINUED ON FIRST READING. Question: Shall this Ordinance be PASSED ON FIRST READING? 35. 190845 [Development Agreement - Laurel Heights Partners, LLC - 3333 California Street Project - California Street at Presidio Avenue] Sponsor: Stefani Ordinance approving a Development Agreement between the City and County of San Francisco and Laurel Heights Partners, LLC, a Delaware limited liability company, for the development of an approximately 10.25-acre site located at California Street at Presidio Avenue (3333 California Street), with various public benefits, including 25% affordable housing, a child care center comprised of approximately 14,665 square feet, and approximately 2.87 acres of privately owned, publicly accessible open space; making findings under the California Environmental Quality Act, and findings of conformity with the General Plan, and the eight priority policies of Planning Code, Section 101.1(b); approving certain development impact fees for the project, and waiving certain Planning Code fees and requirements; confirming compliance with or waiving certain provisions of Administrative Code, Chapter 56; ratifying certain actions taken in connection with the Development Agreement, as described herein; and authorizing certain actions to be taken under the Development Agreement, as described herein. (Economic Impact) 11/05/2019; CONTINUED ON FIRST READING. Question: Shall this Ordinance be PASSED ON FIRST READING? City and County of San Francisco Page 17 Printed at 5:29 pm on 11/7/19 ### [Page 18](https://sfbos.info/documents/629/2019-11-12-agenda#page-18) Board of Supervisors Meeting Agenda Tuesday, November 12, 2019 36. 190947 [Public Works Code - Major Encroachment Permit - 3333 California Street Project] Sponsor: Stefani Ordinance approving a major encroachment permit for Laurel Heights Partners, LLC (“Permittee”) to occupy portions of Presidio Avenue, Masonic Avenue, Pine Street, Euclid Avenue, Mayfair Drive, and Laurel Street adjacent to 3333 California Street (Assessor’s Parcel Block No. 1032, Lot No. 003) for the purpose of installing and maintaining landscape planters, differentiated paving, corner bulb-outs, and other improvements; waiving conflicting requirements under Public Works Code, Sections 800 et seq. and 810A, in connection with Permittee’s implementation of the encroachment permit and project development; making findings 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. 11/05/2019; CONTINUED ON FIRST READING. Question: Shall this Ordinance be PASSED ON FIRST READING? 37. ROLL CALL FOR INTRODUCTIONS Roll call for introduction of ordinances, resolutions, charter amendments, requests for hearings, letters of inquiry, letters of request to the City Attorney and Board Members' reports on their regional body activities. 38. PUBLIC COMMENT An opportunity for members of the public to directly address the Board on items of interest to the public that are within the subject matter jurisdiction of the Board, including items being considered today which have not been considered by a Board committee and excluding items which have been considered by a Board committee. Members of the public may address the Board for up to three minutes. Each member of the public will be allotted the same number of minutes to speak, except that public speakers using translation assistance will be allowed to testify for twice the amount of the public testimony time limit. If simultaneous translation services are used, speakers will be governed by the public testimony time limit applied to speakers not requesting translation assistance. The President or the Board may limit the total testimony to 30 minutes. Members of the public who want a document placed on the overhead for display should clearly state such and subsequently remove the document when they want the screen to return to live coverage of the meeting. City and County of San Francisco Page 18 Printed at 5:29 pm on 11/7/19 ### [Page 19](https://sfbos.info/documents/629/2019-11-12-agenda#page-19) Board of Supervisors Meeting Agenda Tuesday, November 12, 2019 FOR ADOPTION WITHOUT COMMITTEE REFERENCE These measures were introduced for adoption without committee reference. A unanimous vote is required for adoption of these resolutions today. Any Supervisor may require any resolution to go to committee. Questions on the For Adoption Without Committee Reference Agenda are on for adoption, or approved, as indicated. Items 39 through 42 39. 191132 [Approval of a 60-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 60 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 adopting findings of public necessity, convenience, and welfare under Planning Code, Section 302. 11/05/2019; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Question: Shall this Resolution be ADOPTED? 40. 191135 [California Clerk of the Board of Supervisors Association Week - December 2 to December 6, 2019] Sponsor: Yee Motion recognizing the 35th Anniversary of the California Clerk of the Board of Supervisors Association by honoring the important work performed by Clerks of the Board of Supervisors from the 58 California Counties and only upon the express condition of specifically honoring the vital contributions of their staff and proclaiming the week of December 2 to December 6, 2019, to be California Clerk of the Board of Supervisors Association Week. (Clerk of the Board) 11/06/2019; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Question: Shall this Motion be APPROVED? City and County of San Francisco Page 19 Printed at 5:29 pm on 11/7/19 ### [Page 20](https://sfbos.info/documents/629/2019-11-12-agenda#page-20) Board of Supervisors Meeting Agenda Tuesday, November 12, 2019 41. 191121 [Final Map 9276 - 2000 Bryant Street] Motion approving Final Map 9276, a 194 residential and 16 commercial units mixed-use new condominium project, located at 2000 Bryant Street, being a subdivision of Assessor’s Parcel Block No. 4022, Lot No. 027; and adopting findings pursuant to the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Public Works) 11/01/2019; RECEIVED FROM DEPARTMENT. 11/06/2019; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Question: Shall this Motion be APPROVED? 42. 191122 [Final Map 9675 - 160 Folsom Street] Motion approving Final Map 9675, a 393 residential and eight commercial units, mixed-use condominium project, located at 160 Folsom Street, being a merger and subdivision of Assessor’s Parcel Block No. 3740, Lot Nos. 027, 029, 030, 031, and 032; and adopting findings pursuant to the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Public Works) 11/04/2019; RECEIVED FROM DEPARTMENT. 11/06/2019; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Question: Shall this Motion be APPROVED? 43. IMPERATIVE AGENDA Resolution(s), if any, to be adopted within limits imposed by the Sunshine Ordinance and the Ralph M. Brown Act, introduced today, not on the printed agenda. For such resolutions to be considered, the Board must first adopt the Serious Injury Finding or the Purely Commendatory Finding and the Brown Act Finding. Each motion requires eight (8) votes or a unanimous six (6) or seven (7). A unanimous vote is required for the resolution(s). [Serious Injury Finding] Motion that the Board find that for the resolution(s) being considered at this time "the need to take action is so imperative as to threaten serious injury to the public interest if action is deferred to a later meeting." [Purely Commendatory Finding] Motion that the Board find that the resolution(s) being considered at this time are purely commendatory. [Brown Act Finding] Motion that the Board find by roll call vote that, for the resolution(s) being considered at this time, there is a need to take immediate action. The need to take action came to the attention of the City and County of San Francisco after the agenda was posted. City and County of San Francisco Page 20 Printed at 5:29 pm on 11/7/19 ### [Page 21](https://sfbos.info/documents/629/2019-11-12-agenda#page-21) Board of Supervisors Meeting Agenda Tuesday, November 12, 2019 LEGISLATION INTRODUCED AT ROLL CALL Introduced by a Supervisor or the Mayor Pursuant to Charter, Section 2.105, an Ordinance or Resolution may be introduced before the Board of Supervisors by a Member of the Board, a Committee of the Board, or the Mayor and shall be referred to and reported upon by an appropriate Committee of the Board. Legislation Introduced will appear on the Final Minutes for this meeting. Once the Legislation Introduced is approved, it will be available on http://www.sfbos.org/legislation_introduced. Introduced at the Request of a Department Pursuant to Rules of Order of the Board of Supervisors, Section 2.7.1, Department Heads may submit proposed legislation to the Clerk of the Board, in which case titles of the legislation will be printed at the rear of the next available agenda of the Board. PROPOSED RESOLUTION 191120 [Application to Amend San Francisco’s Priority Development Area, Priority Conservation Area, and Priority Production Area Designations] Resolution authorizing the Planning Department to apply, on behalf of the City and County of San Francisco, to confirm existing and create new and revised designations of Priority Development Areas, Priority Conservation Areas, and Priority Production Areas by the Association of Bay Area Governments and the Metropolitan Transportation Commission, as part of the Plan Bay Area 2050 update. (Planning Department) 11/04/2019; RECEIVED FROM DEPARTMENT. 11/12/2019; RECEIVED AND ASSIGNED to the Land Use and Transportation Committee. City and County of San Francisco Page 21 Printed at 5:29 pm on 11/7/19 ### [Page 22](https://sfbos.info/documents/629/2019-11-12-agenda#page-22) Board of Supervisors Meeting Agenda Tuesday, November 12, 2019 191136 [Petitions and Communications] Petitions and Communications received from October 28, 2019, through November 4, 2019, for reference by the President to Committee considering related matters, or to be ordered filed by the Clerk on November 12, 2019. Personal information that is provided in communications to the Board of Supervisors is subject to disclosure under the California Public Records Act and the San Francisco Sunshine Ordinance. Personal information will not be redacted. From the Office of the Mayor, submitting a proclamation terminating the declaration of a local emergency in San Francisco. Copy: Each Supervisor. (1) From the Office of the Mayor and the City Attorney, submitting a letter responding to Pacific Gas & Electric Company’s letter dated September 7, 2019. Copy: Each Supervisor. (2) From the Citizens General Obligation Bond Oversight Committee, submitting the Citizens General Obligation Bond Oversight Committee Annual Report FY2018-2019. Copy: Each Supervisor (3) From the Office of the Controller, submitting an Economic Impact Report on Increasing the Jobs-Housing Linkage Fee. File No. 190548. Copy: Each Supervisor. (4) From the Office of the Controller, submitting an Economic Impact Report regarding the 3333 California Street Development Agreement. File Nos. 190844 and 190845. Copy: Each Supervisor. (5) From Aaron Goodman, regarding problems with the infrastructure in San Francisco. Copy: Each Supervisor. (6) From Paul Nisbett, regarding affordable housing bond and current renters. Copy: Each Supervisor. (7) From Sandra Schwartz, regarding raising development costs for commercial space providing jobs. Copy: Each Supervisor. (8) From Jason Rupp, regarding serious issues at Aptos Middle School. Copy: Each Supervisor. (9) From the San Francisco Chamber of Commerce, submitting a letter recommending amendments on the Storefront Vacancy Tax. File No. 191005. Copy: Each Supervisor. (10) From concerned citizens, regarding the property located at 3333 California Street. File Nos. 190947, 190844, 190845. 5 letters. Copy: Each Supervisor. (11) From concerned citizens, regarding Resolution No. 382-19 declaring the National Rifle Association a domestic terrorist organization. 2 letters. Copy: Each Supervisor. (12) ADJOURNMENT City and County of San Francisco Page 22 Printed at 5:29 pm on 11/7/19