Board of Supervisors Minutes: December 17, 2019

ce Code to, among other things, 1) create a Cannabis Nursery Permit; 2) prohibit equity applicants from applying for a Cannabis Business Permit through a cooperative; 3) clarify where in the processing order the Office will review and process Cannabis Business Permit applications from holders of Temporary Cannabis Business Permits and Medical Cannabis Dispensaries; 4) prohibit Cannabis Retailers from using business names likely to attract minors as customers or mislead the public into believing that the business is authorized to sell products to minors; 5) remove the requirement that a Cannabis Business Permit application be denied following any violation of Article 16 of the Police Code, and instead require permit denial after a refusal to remediate an Article 16 violation of which they have been notified by the Office; 6) require Cannabis Distributors to notify the Office when they learn that Cannabis products in their possession have failed state testing standards; and affirming the Planning Department’s determination under the California Environmental Quality Act. (City Administrator) Ordinance No. 301-19 FINALLY PASSED The foregoing items were acted upon by the following vote:

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

191033 [Administrative, Public Works, Police Codes - Establishing Office of Emerging Technology - Requiring Permits for Using Emerging Technology Devices on Public Right-of-Ways] Sponsors: Yee; Fewer, Peskin, Walton, Safai, Ronen, Stefani, Mar, Mandelman, Preston and Haney Ordinance amending the Administrative Code to create an Office of Emerging Technology within Public Works; amending the Public Works Code to require a permit to obstruct the public right-of-way within Public Works’ jurisdiction; amending the Administrative Code to codify the Public Works Director’s authority to take official actions, as defined herein, including adopting regulations for the pilot operation of emerging technology devices; amending the Public Works Code and Police Code to provide for administrative, civil, and criminal penalties for unlawful obstruction of the public right-of-way, including operation of emerging technology devices without a required permit; and affirming the Planning Department’s determination under the California Environmental Quality Act. (Fiscal Impact) Supervisors Preston and Haney requested to be added as co-sponsors. Ordinance No. 291-19 FINALLY PASSED by the following vote:

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

191102 [Health, Administrative Codes - City-Operated Adult Residential Facility] Sponsors: Ronen, Haney, Walton, Peskin, Mar, Mandelman, Safai, Yee, Fewer and Preston Ordinance amending the Health Code to require the Department of Public Health to maintain and operate at full capacity an adult residential facility (“ARF”) with no fewer than 41 beds; and amending the Administrative Code to establish the Adult Residential Facility Working Group to advise the Board of Supervisors and the Mayor regarding resident care, training, workplace conditions, and staffing at the ARF located at 887 Potrero Avenue. Supervisor Preston requested to be added as a co-sponsor. Ordinance No. 295-19 FINALLY PASSED by the following vote:

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

191016 [Planning Code - 100% Affordable Housing and Educator Housing Streamlining Program] Sponsors: Fewer; Mar, Peskin, Haney, Safai, Walton, Ronen and Preston Ordinance amending the Planning Code to require at least half of residential units in Educator Housing projects to have two or more bedrooms, to eliminate the requirement that Educator Housing projects have a minimum amount of three-bedroom units, conditioned on the passage of Proposition E in the November 5, 2019, Municipal Consolidated Election; 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 convenience, necessity, and welfare under Planning Code, Section 302. (Pursuant to Planning Code, Section 206.9(h), this matter requires two-thirds vote of the full membership of the Board of Supervisors (8 votes) for passage.) Supervisor Preston requested to be added as a co-sponsor. Ordinance No. 289-19 FINALLY PASSED by the following vote:

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

190926 [Administrative Code - Acquisition, Retention, and Use of Surveillance Technology] Sponsor: Peskin Ordinance amending Chapter 19B of the Administrative Code, governing the City’s acquisition, retention, and use of surveillance technology, to allow the acquisition and retention of face recognition technology under certain conditions; to preclude legal relief for alleged violations of Chapter 19B that the City timely cured following notice; and to authorize the City Administrator to adopt implementing standards to guide departments in compliance with Chapter 19B’s restrictions on the acquisition, retention, and use of surveillance technology. Ordinance No. 286-19 FINALLY PASSED by the following vote:

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

191072 [Administrative Code - Budget Approval Process] Sponsors: Fewer; Mar, Mandelman, Walton, Ronen, Yee, Haney and Preston Ordinance amending the Administrative Code to modify the process for the City’s adoption of the annual budget by requiring City agencies to hold public hearings prior to submission of their proposed budgets to the Controller and the Mayor; requiring the Mayor to submit to the Board of Supervisors a description of the Mayor’s budget priorities after holding a public hearing regarding those priorities; and requiring the Controller to maintain a public website with information about the City’s budget process. Supervisor Preston requested to be added as a co-sponsor. Ordinance No. 294-19 FINALLY PASSED by the following vote:

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

191099 [Updated Emergency Declaration - Repair Southeast Treatment Plant Final Effluent Force Main - Total Estimated Cost Not to Exceed $5,500,000] Resolution approving an updated emergency declaration of the San Francisco Public Utilities Commission pursuant to Administrative Code, Sections 6.60 and 21.15, to repair the Southeast Treatment Plant Final Effluent Force Main for a total estimated cost not to exceed $5,500,000. (Public Utilities Commission) (Fiscal Impact) Resolution No. 546-19 ADOPTED by the following vote:

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

191186 [Accept and Expend In-Kind Gift - Consulting Services - Google, Inc. - $750,000] Sponsors: Mayor; Stefani Resolution authorizing the Department of Technology to accept an in-kind gift of consulting services from Google, Inc., for a term of six months to commence upon Board approval, valued at $750,000. (Department of Technology) Resolution No. 548-19 ADOPTED by the following vote:

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

190398 [Opposing California State Senate Bill No. 50 (Wiener) - Housing Development: Incentives - Unless Amended] Sponsors: Mar; Mandelman, Yee, Fewer, Peskin, Walton, Ronen, Haney and Preston Resolution opposing California State Senate Bill No. 50, authored by Senator Scott Wiener, which would undermine community participation in planning for the well-being of the environment and the public good, prevent the public from recapturing an equitable portion of the economic benefits conferred to private interests, and significantly restrict San Francisco’s ability to protect vulnerable communities from displacement and gentrification, unless further amended. Supervisor Preston requested to be added as a co-sponsor. Resolution No. 541-19 ADOPTED by the following vote:

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

Noes: Safai

191025 [Assessment Ballots for City Parcels - Noe Valley Community Benefit District] Sponsor: Mandelman Resolution authorizing the Mayor or her designee to cast an assessment ballot in the affirmative for the proposed formation of a property and business improvement district to be named the Noe Valley Community Benefit District, with respect to certain parcels of real property owned by the City that would be subject to assessment in said district. Resolution No. 545-19 ADOPTED by the following vote:

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

190974 [Green Building Code - Energy Performance in Newly Constructed Buildings] Sponsor: Mandelman Ordinance amending the Green Building Code to establish energy performance requirements for certain new building construction; adopting environmental findings, and findings of local conditions under the California Health and Safety Code and the California Public Resources Code; and directing the Clerk of the Board of Supervisors to forward the Ordinance to state agencies as required by state law. Privilege of the floor was granted unanimously to Charles Sheehan (Department of the Environment) who responded to questions raised throughout the discussion. PASSED ON FIRST READING by the following vote:

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

City and County of San Francisco Page 1060 Printed at 5:48 pm on 1/23/20 Board of Supervisors Meeting Minutes 12/17/2019 Referred Without Recommendation from the Land Use and Transportation Committee President Yee requested File Nos. 190681 and 190682 be called together. During the discussions on these matters, Anne Taupier (Office of Economic and Workforce Development), Elizabeth Dietrich (Office of the City Attorney), Mike Grisso (Kilroy Realty), Jeanne Bose (Flower Mart), Adam Engelskirchen (Capiterra Group, Inc.), and Jon Givner (Office of the City Attorney) were unanimously granted privilege of the floor to respond to questions raised. Supervisor Ronen was noted absent at 5:35 p.m. and for the remainder of the meeting. Supervisor Ronen Excused from Attendance Supervisor Peskin, seconded by Supervisor Safai, moved that Supervisor Ronen be excused beginning at 5:35 p.m. and for the remainder of the meeting. The motion carried by the following vote:

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

Excused: Ronen

190681 [Planning Code, Zoning Map - Flower Mart - 2000 Marin Street Special Use District] Sponsor: Haney Ordinance amending the Planning Code and Zoning Map to establish the 2000 Marin Street Special Use District (Assessor’s Parcel Block No. 4346, Lot No. 003), and to create additional Key Site exceptions for the Flower Mart site, located on the southern half of the block north of Brannan Street between 5th Street and 6th Street (Assessor’s Parcel Block No. 3778, Lot Nos. 001B, 002B, 004, 005, 047, and 048); 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. PASSED ON FIRST READING by the following vote:

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

Excused: Ronen

th, as defined herein. Supervisor Peskin, seconded by Supervisor Safai, moved to AMEND the Development Agreement to correct a typographical error; provide clarifications regarding the establishment of a design review dispute resolution process to guide the build out of the new Flower Market facility, and that the annual payment of $200,000 in SOMA Street Cleaning Funds for a period of ten years will be paid into a fund designated by the Controller, in consultation with the District 6 Supervisor, to support pressure washing and/or steam cleaning of sidewalks and street cleaning efforts in SOMA, as designated by the District 6 Supervisor in consultation with Public Works; and reflect updates to the exhibits, including the legal description of the Brannan Street property, the phasing plans of both Scenario A & B, the updated impact fee calculations, the key obligations under the Tri-Party Agreement, specifications for buildout of the improvements under Scenario A, and the Declaration of Restrictions that bind the project sponsor to adhere to the below market rent schedule reflected in the post-development lease negotiated with the Flower Mart. The motion carried by the following vote:

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

Excused: Ronen

PASSED ON FIRST READING, after acceptance of the amendments to the Development Agreement, by the following vote:

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

Excused: Ronen

191223 [Appointment, Commission on the Aging Advisory Council - Allen Cooper] Motion appointing Allen Cooper, term ending March 31, 2020, to the Commission on the Aging Advisory Council. (Rules Committee) Motion No. M19-189 APPROVED by the following vote:

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

191224 [Appointments, Street-Level Drug Dealing Task Force - Lindsay LaSalle, Janet Ector, Teresa Lynn Friend, Pedro Vidal Flores, Curtis Bradford, Porsha Dixson, Louie Hammonds, Max Young, and Thomas Wolf] Motion appointing Lindsay LaSalle, Janet Ector, Teresa Lynn Friend (residency requirement waived), Pedro Vidal Flores, Curtis Bradford, Porsha Dixson, Louie Hammonds, Max Young, and Thomas Wolf, for indefinite terms, to the Street-Level Drug Dealing Task Force. (Rules Committee) Motion No. M19-190 APPROVED by the following vote:

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

191173 [Liquor License Transfer - 3060 Fillmore Street - Indie Superette] Resolution determining that the transfer of a Type-20 off-sale beer and wine liquor license to 3060 Fillmore Market LLC, doing business as Indie Superette, located at 3060 Fillmore Street (District 2), 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. 547-19 ADOPTED by the following vote:

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

191244 [Final Map No. 10101 - 5M Project Phase Two] Motion approving phased Final Map No. 10101, 5M Project, PID 8731-Phase No. 2 relating to portions of the 5M Project, a three lot merger and public improvement project, located at 434 Minna Street and 44 Mary Street, being a merger of Assessor’s Parcel Block No. 3725, Lot Nos. 089 through 091; and entitling Assessor’s Parcel Block No. 3725, Lot No. 127, for development purposes; and adopting findings pursuant to the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Public Works) Motion No. M19-192 APPROVED The foregoing items were acted upon by the following vote:

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

Excused: Ronen

by increasing Attending Physicians and Non-Resident Providers to focus on Resident Physician and Nurse wellness. Supervisors Preston, Mandelman, Stefani, and Safai requested to be added as co-sponsors. Supervisor Haney, seconded by Supervisor Stefani, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE, on Page 1, Lines 4-5, by striking ‘and Non-Resident Providers’, Line 11, by adding ‘and nurses’, and Line 12, by striking ‘physician’; on Page 2, Lines 3-8, by adding ‘WHEREAS, The Nurse Staffing and Hiring Side Letter agreed to between the City and County of San Francisco and the SEIU, Local 1021, Staff and Per Diem Nurses states the city “will work with DHR to identify and prioritize filling budgeted, approved nurse vacancies. Actions may include, but shall not be limited to, identifying and remediating sources of delays in hiring”; and’, and Line 25, by adding ‘address hiring delays’; and Page 3, Lines 3-6, by adding ‘and, be it FURTHER RESOLVED, That the Board of Supervisors hereby directs the Clerk of the Board to transmit copies of this Resolution to Zuckerberg San Francisco General Hospital accordingly.’ The motion carried by the following vote:

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

Excused: Ronen

City and County of San Francisco Page 1067 Printed at 5:48 pm on 1/23/20 Board of Supervisors Meeting Minutes 12/17/2019 Resolution urging the Zuckerberg San Francisco General Hospital administration to demonstrate a commitment to patient care by increasing Attending Physicians to focus on Resident Physician and Nurse wellness. Resolution No. 543-19 ADOPTED AS AMENDED by the following vote:

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

Excused: Ronen