Board of Supervisors Minutes: January 7, 2020

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. Ordinance No. 001-20 FINALLY PASSED by the following vote:

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

e; approving the development impact fees for the project and waiving certain Planning Code fees and requirements for a temporary flower market; confirming compliance with or waiving certain provisions of Administrative Code, Chapter 56; and ratifying certain actions taken in connection therewith, as defined herein. Privilege of the floor was granted unanimously to Anne Taupier (Office of Economic and Workforce Development) who responded to questions raised throughout the discussion. Supervisor Peskin proposed amendments to the Development Agreement in Section 3.8.1 by striking verbiage regarding challenges of future approvals by vendors of the existing Flower Mart, and extending the cure period from 60 days to 90 days for challenges by the Tenant Association or the Flower Mart; in Section 3.8.2 by striking ‘vendors of the existing Flower Mart’; and in Section 3.9.2(b) by adding verbiage that allows the City, subject to all approvals, to consider contributing additional funds to the Central SoMa Legacy Business Fund. The amendments were accepted without objection. Ordinance No. 002-20 FINALLY PASSED, after accepting the amendments to the Development Agreement, 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. Ordinance No. 003-20 FINALLY PASSED by the following vote:

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

ity’s Administrative Code, Planning Code, and Building Code, and the State Unfair Competition Law, Business and Professions Code, Section 17200 et seq.; under the settlement, the Academy agrees to: bring its existing uses into compliance with the Planning Code; relocate existing uses or change uses in buildings in accordance with applicable laws in those limited instances where the Planning Department has determined that legalization is not appropriate; compensate the People and the City for alleged past violations by paying approximately $58,000,000 including providing affordable housing public benefits to the City in the amount of $37,600,000 and a payment of approximately $8,200,000 to the City’s Small Sites Fund; and work cooperatively with the City in planning for future growth in a manner that accounts for the urban nature of the Academy’s campus, without adversely impacting the City’s affordable or rent-controlled housing stock, or burdening its transportation system, including, as a part of that plan, building new housing, or converting existing buildings, for its students on property that is zoned for such use. (City Attorney) PASSED ON FIRST READING by the following vote:

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

the Stephens Institute, dba Academy of Art University, and its affiliated entities, as to the Academy’s properties, which agreement provides for various public benefits, including among others an “affordable housing payment” of $37,600,000 and a payment of approximately $8,200,000 to the City’s Small Sites Fund; amending the Planning Code to provide review procedures for Large Noncontiguous Post-Secondary Educational Institutions; waiving conflicting provisions in the Planning and Administrative Codes, including Planning Code, Section 169; confirming compliance with or waiving certain provisions of Administrative Code, Chapters 41 and 56; ratifying certain actions taken in connection with the Development Agreement and authorizing certain actions to be taken consistent with the Development Agreement, as defined herein; affirming the Planning Department’s determination under the California Environmental Quality Act, and findings of conformity with the General Plan, and with the eight priority policies of Planning Code, Section 101.1(b); and adopting findings of public convenience, necessity, and welfare under Planning Code, Section 302. PASSED ON FIRST READING by the following vote:

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

190355 [Planning Code - Authorizing Interim Activities at Development Sites] Sponsors: Mayor; Haney Ordinance amending the Planning Code to enable the use of development project sites during the project approval and entitlement process by authorizing the Planning Department to authorize certain interim activities at development project sites as Temporary Uses for up to 36 months, subject to extension at the discretion of the Planning Director in increments for up to a maximum possible total of 24 additional months; adopting 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 convenience, necessity, and welfare under Planning Code, Section 302. Supervisor Haney, seconded by Supervisor Peskin, moved that this Ordinance be RE-REFERRED to the Land Use and Transportation Committee. The motion carried by the following vote:

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

191062 [Amending Ordinance No. 1061 - Sidewalk Width Reduction - Along Pierce Street Between O’Farrell and Ellis Streets] Ordinance amending Ordinance No. 1061, entitled “Regulating the Width of Sidewalks,” to reduce the official sidewalk width of certain locations along the westerly side of Pierce Street between O’Farrell and Ellis Streets, in front of the Maxine Hall Health Center at 1301 Pierce Street; adopting 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. (Public Works) PASSED ON FIRST READING by the following vote:

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

190984 [Public Health Crisis on Drug Overdoses and Drug Use] Sponsors: Haney; Walton and Ronen Resolution declaring a public health crisis on drug overdoses and drug use, and urging the Department of Public Health to present a comprehensive plan on how to address this crisis. Supervisor Ronen requested to be added as a co-sponsor. Resolution No. 002-20 ADOPTED by the following vote:

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

191187 [Reappointment, Director of the San Francisco Bay Area Regional Water System Financing Authority - Harlan L. Kelly, Jr.] Sponsor: Mayor Resolution reappointing Harlan L. Kelly, Jr., for a four-year term ending June 30, 2023, as a Director of the San Francisco Bay Area Regional Water System Financing Authority. Resolution No. 003-20 ADOPTED by the following vote:

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

191195 [Appointment, Close Juvenile Hall Working Group - Charles Peacock] Motion appointing Charles Peacock, for an indefinite term, to the Close Juvenile Hall Working Group. (Rules Committee) Motion No. M20-001 APPROVED by the following vote:

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

191275 [Appointments, Eastern Neighborhoods Community Advisory Committee - J. R. Eppler, Irma Lewis, Jolene Yee, and Keith Goldstein] Motion appointing J. R. Eppler, Irma Lewis, Jolene Yee, and Keith Goldstein, terms ending October 19, 2021, to the Eastern Neighborhoods Community Advisory Committee. (Rules Committee) Motion No. M20-002 APPROVED by the following vote:

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

191277 [Reappointment, Small Business Commission - William Ortiz-Cartagena] Motion reappointing William Ortiz-Cartagena, term ending January 6, 2024, to the Small Business Commission. (Rules Committee) Motion No. M20-003 APPROVED by the following vote:

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

191301 [Supporting the Mayor’s Consent to Continue Refugee Resettlement in the City] Sponsors: Mayor; Yee, Mandelman, Ronen, Peskin, Safai, Stefani, Haney, Preston, Walton, Fewer and Mar Resolution supporting the resettlement of refugees within the City, and concurring in the Mayor’s consent to accept refugees in the City under the United States Department of State’s Reception and Replacement Program. Supervisors Mandelman, Ronen, Peskin, Safai, Stefani, Haney, Preston, Walton, Fewer, and Mar requested to be added as co-sponsors. Resolution No. 004-20 ADOPTED by the following vote:

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