Board of Supervisors Minutes: February 4, 2020

191284 [Health Code - Sugar-Sweetened Beverage Warning for Advertisements] Sponsor: Walton Ordinance amending the Health Code by amending the Sugar-Sweetened Beverage (SSB) Warning Ordinance to 1) update the statement of findings and purpose; 2) revise the definition of Advertiser; 3) reduce the required warning size; 4) modify the required warning text; 5) require use of a translated version of the warning text on certain SSB advertisements in languages other than English; 6) remove exemptions for certain types of SSB advertisements; and 7) revise the enforcement provisions. Ordinance No. 026-20 FINALLY PASSED The foregoing items were acted upon by the following vote:

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

191166 [Levying Taxes - Special Tax District No. 2019-1 (Pier 70 Condominiums)] Sponsor: Mayor Ordinance levying special taxes within City and County of San Francisco Special Tax District No. 2019-1 (Pier 70 Condominiums). Ordinance No. 027-20 FINALLY PASSED by the following vote:

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

191172 [Levying Special Taxes - Special Tax District No. 2019-2 (Pier 70 Leased Properties)] Sponsor: Mayor Ordinance levying special taxes within City and County of San Francisco Special Tax District No. 2019-2 (Pier 70 Leased Properties). Ordinance No. 028-20 FINALLY PASSED by the following vote:

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

191261 [Appropriation - General Reserve - City College of San Francisco Operating Support - $2,700,000 - FY2019-2020] Sponsors: Walton; Mar, Haney, Fewer and Preston Ordinance appropriating $2,700,000 of the General Reserve to support City College of San Francisco class reinstatement, upon condition of an executed agreement for this use in FY2019-2020. (Fiscal Impact) (Supervisor Mandelman dissented in Committee.) FINALLY PASSED by the following vote:

Ayes: Fewer, Haney, Mar, Preston, Ronen, Safai, Walton

Noes: Mandelman, Peskin, Stefani, Yee

191269 [Accept and Expend Grant - Retroactive - San Francisco Bay Area Rapid Transit District - Pit Stop Public Toilet Program - $257,500] Sponsor: Mayor Resolution retroactively authorizing Public Works to accept and expend a grant of up to $257,500 from the San Francisco Bay Area Rapid Transit District (BART) for the Pit Stop Public Toilet Program for the period of July 1, 2019, through June 30, 2020. (Public Works) (Fiscal Impact) Supervisor Preston, seconded by Supervisor Peskin, moved that this Resolution be CONTINUED to the Board of Supervisors meeting of February 11, 2020. The motion carried by the following vote:

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

191257 [Planning Code - Jackson Square Special Use District - Exemption from Limitation on Proposed Limited Restaurant Uses] Sponsor: Peskin Ordinance amending the Planning Code to allow authorization of a Limited Restaurant use in the Jackson Square Special Use District that does not comply with the current requirements for a Limited Restaurant use if a building permit application furthering the establishment of such use was filed by July 19, 2018; 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. Ordinance No. 029-20 FINALLY PASSED by the following vote:

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

200008 [California Constitution Appropriations Limit - FY2019-2020 - $5,528,830,486] Resolution establishing the appropriations limit of $5,528,830,486 for FY2019-2020, pursuant to California Constitution, Article XIII B. (Controller) (Fiscal Impact) Resolution No. 055-20 ADOPTED by the following vote:

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

200009 [Real Property Lease - Mission 1275 SF LLC and Baskin Investment Group LLC - 1271-1275 Mission Street - $577,500 Annual Base Rent] Resolution authorizing and approving the lease of 1271-1275 Mission Street, commonly known as 1275 Mission Street, consisting of approximately 8,750 square feet of office space for San Francisco Digital Services, with Mission 1275 SF LLC and Baskin Investment Group LLC, limited liability companies and tenants in common, as landlord, for a six-year term with two five-year options for renewal, to commence on or around February 1, 2020, at an initial monthly base rent of $48,125 for a total annual rent of $577,500 with 3% annual adjustments thereafter; and making findings that the proposed lease is in conformance with the California Environmental Quality Act, the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Real Estate Department) (Fiscal Impact) Resolution No. 056-20 ADOPTED by the following vote:

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

200010 [Grant Agreement Amendment - Institute on Aging - Community Living Fund - Not to Exceed $11,641,294] Resolution approving a second amendment to the grant agreement between the City and County of San Francisco and Institute on Aging for the provision of the Community Living Fund, to increase the amount of the grant by $1,076,558 for a total amount not to exceed $11,641,294 to commence February 1, 2020, with no change to the term length of July 1, 2019, through June 30, 2021. (Human Services Agency) (Fiscal Impact) Resolution No. 057-20 ADOPTED by the following vote:

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

200025 [Accept and Expend Grant - Retroactive - California Office of Emergency Services - Hose Tender - $1,000,000] Sponsors: Mayor; Fewer Resolution retroactively authorizing the Fire Department to accept and expend a grant in the amount of $1,000,000 from the California Office of Emergency Services to purchase one hose tender for the performance period of July 1, 2019, through June 30, 2022, and waiving indirect costs. (Fire Commission) Resolution No. 058-20 ADOPTED by the following vote:

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

200026 [Accept and Expend Grant - Retroactive - Federal Emergency Management Agency - Marine Equipment - $341,625] Sponsor: Mayor Resolution retroactively authorizing the Fire Department to accept and expend a grant in the amount of $341,625 from the Federal Emergency Management Agency to purchase marine equipment for the performance period of September 1, 2019, through August 31, 2022, and waiving indirect costs. (Fire Department) Resolution No. 059-20 ADOPTED by the following vote:

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

200027 [Accept and Expend Grant - Retroactive - Federal Emergency Management Agency - Rescue Tools and Equipment - $612,129.09] Sponsor: Mayor Resolution retroactively authorizing the Fire Department to accept and expend a grant in the amount of $612,129.09 from the Federal Emergency Management Agency to purchase rescue tools and equipment, for the performance period of September 5, 2019, through September 4, 2020, and waiving indirect costs. (Fire Department) Resolution No. 060-20 ADOPTED by the following vote:

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

200028 [Accept and Expend Grant - California Bureau of Cannabis Control - Local Equity Grant Funding Program - $1,338,683.13] Sponsors: Mayor; Walton, Mandelman and Preston Resolution authorizing the San Francisco Office of Cannabis to accept and expend a grant award in the amount of $1,338,683.13 from the California Bureau of Cannabis Control for the Local Equity Grant Funding program for the period of February 1, 2020, through January 31, 2021; authorizing the Office of Cannabis to execute the agreement with the Bureau of Cannabis Control, and any extensions, amendments, or contracts subsequent thereto on behalf of the City and County of San Francisco; and indemnifying the Bureau of Cannabis Control for liability arising out of the performance of this contract. Resolution No. 061-20 ADOPTED by the following vote:

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

ment (“Director”) to submit an application and related documents to the California Debt Limit Allocation Committee (“CDLAC”) to permit the issuance of residential mortgage revenue bonds in an aggregate principal amount not to exceed $61,600,000 for 55 Mason Street; authorizing and directing the Director to direct the Controller’s Office to hold in trust an amount not to exceed $100,000 in accordance with CDLAC procedures; authorizing the Director to certify to CDLAC that the City has on deposit the required amount; authorizing the Director to pay an amount equal to such deposit to the State of California if the City fails to issue the residential mortgage revenue bonds; approving, for purposes of the Internal Revenue Code of 1986, as amended, the issuance and sale of residential mortgage revenue bonds by the City in an aggregate principal amount not to exceed $61,600,000; authorizing and directing the execution of any documents necessary to implement this Resolution, as defined herein; and ratifying and approving any action heretofore taken in connection with the Project, as defined herein, and the Application, as defined herein. Resolution No. 062-20 ADOPTED by the following vote:

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

200045 [Ground Lease Amendment - Refinance Property - Turk & Eddy Associates, L.P - 249 Eddy Street and 161-165 Turk Street] Sponsor: Mayor Resolution approving and authorizing the amendment and restatement of an existing long term ground lease with Turk & Eddy Associates, LP, on City-owned land at 249 Eddy Street, and 161-165 Turk Street (“Property”) in order to refinance a 100% affordable, 82-unit multifamily rental housing development (plus one staff unit) for low-income persons (“Project”); and authorizing the Director of Property and Director of Mayor’s Office of Housing and Community Development to execute documents, make certain modifications, and take certain actions in furtherance of this Resolution, as defined herein. Resolution No. 063-20 ADOPTED by the following vote:

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

180969 [Plumbing Code - Cross-Connection Control] Ordinance amending the Plumbing Code to delete the local amendment to the California Plumbing Code referring to the San Francisco Public Utilities Commission’s Rules and Regulations in the section on cross-connection control, and to add local cross-connection controls for beverage dispensers and industrial water chillers and a testing requirement for backflow prevention assemblies or devices; affirming the Planning Department’s determination under the California Environmental Quality Act; and directing the Clerk of the Board of Supervisors to forward this Ordinance to the California Building Standards Commission upon final passage. (Building Inspection Commission) PASSED ON FIRST READING by the following vote:

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

190458 [Planning, Administrative Codes - North of Market Affordable Housing Fees and Citywide Affordable Housing Fund] Sponsor: Mayor Ordinance amending the Planning Code and the Administrative Code to abolish the North of Market Affordable Housing Fund, and have certain affordable housing fees collected in conjunction with the North of Market Residential Special Use District deposited in the Citywide Affordable Housing Fund; and making 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. PASSED ON FIRST READING by the following vote:

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

y the Office of Cannabis as an Equity Applicant under the Police Code, the permittee, if a natural person, or a natural person who is a verified Equity Applicant, was identified as an applicant or as a person who would be “engaged in the management of the medical cannabis dispensary,” on the original Article 33 permit application submitted on or before January 5, 2018, the permittee has been evicted from the location associated with the permit or been notified by the landlord that the lease would be terminated or not renewed, the new location has an existing authorization for Medical Cannabis Dispensary Use, the permittee has complied with all requirements of Article 33 of the Health Code (the Medical Cannabis Act) with respect to the new location, and the permittee satisfies the provisions of Article 33 regarding authorization by the Office of Cannabis to sell Adult Use Cannabis; and affirming the Planning Department’s determination under the California Environmental Quality Act. Supervisor Peskin, seconded by Supervisor Haney, moved that this Ordinance be CONTINUED ON FIRST READING to the Board of Supervisors meeting of February 25, 2020. The motion carried by the following vote:

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

191176 [Liquor License Transfer - 685 Market Street - The Lark Bar] Resolution determining that the premise-to-premise transfer of a Type-48 on-sale general public premises liquor license to Destination Bars, Inc., doing business as The Lark Bar, located at 685 Market Street, Suite A (District 6), 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. 064-20 ADOPTED by the following vote:

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

191177 [Liquor License Transfer and Issuance - 685 Market Street - Cask] Resolution determining that the premise-to-premise transfer of a Type-21 off-sale general beer, wine, and distilled spirits liquor license, and the issuance of a Type-86 instructional tasting license to Future Beverage Inc., doing business as Cask, located at 685 Market Street, Suite B (District 6), 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. 065-20 ADOPTED by the following vote:

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

191237 [Administrative Code - Public Health Group Purchasing Organizations] Ordinance amending the Administrative Code to authorize the Department of Public Health to become a member of any Healthcare Group Purchasing Organization (GPO) and to enter into contracts with Healthcare GPO suppliers and distributors to purchase commodities and services without requiring competitive bidding and without approval of the City Purchaser. (Public Health Department) PASSED ON FIRST READING by the following vote:

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

191256 [Administrative Code - Naming Second Floor Rotunda in City Hall for Buck Delventhal] Sponsors: Peskin, Yee, Fewer, Haney, Mandelman, Mar, Ronen, Safai, Stefani, Walton and Preston Ordinance amending the Administrative Code to name the rotunda on the second floor of City Hall in memory of former Deputy City Attorney Buck Delventhal. Supervisor Preston requested to be added as a co-sponsor. PASSED ON FIRST READING by the following vote:

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

191258 [Administrative Code - Hotel Conversion Ordinance] Sponsor: Peskin Ordinance repealing Ordinance Nos. 38-17 and 102-19, and reenacting certain provisions by amending the Administrative Code to update the Hotel Conversion Ordinance, including: adding or refining definitions of comparable unit, conversion, and low-income household; revising procedures for permits to convert residential units; harmonizing fees and penalty provisions with the Building Code; eliminating seasonal short-term rentals for residential hotels that have violated provisions of the Hotel Conversion Ordinance in the previous year; authorizing the Department of Building Inspection to issue administrative subpoenas; and affirming the Planning Department’s determination under the California Environmental Quality Act. Supervisor Peskin, seconded by Supervisor Safai, moved that this Ordinance be CONTINUED ON FIRST READING to the Board of Supervisors meeting of February 25, 2020. The motion carried by the following vote:

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

200065 [Reappointment, Small Business Commission - Miriam Zouzounis] Motion reappointing Miriam Zouzounis, term ending January 6, 2024, to the Small Business Commission. (Rules Committee) Motion No. M20-012 APPROVED by the following vote:

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

200066 [Reappointment, Bicycle Advisory Committee - Marc Brandt] Motion reappointing Marc Brandt, term ending November 19, 2020, to the Bicycle Advisory Committee. (Rules Committee) Motion No. M20-013 APPROVED by the following vote:

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

191310 [Affirming the Categorical Exemption Determination - SFMTA Page Street Bikeway Improvements Pilot Project] Motion affirming the determination by the Planning Department that the proposed San Francisco Municipal Transportation Agency Page Street Bikeway Improvements Pilot Project is categorically exempt from further environmental review. (Clerk of the Board) Motion No. M20-014 APPROVED by the following vote:

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

191311 [Conditionally Reversing the Categorical Exemption Determination - SFMTA Page Street Bikeway Improvements Pilot Project] Motion conditionally reversing the determination by the Planning Department that the San Francisco Municipal Transportation Agency Page Street Bikeway Improvements Pilot Project is categorically exempt from further environmental review, subject to the adoption of written findings by the Board in support of this determination. (Clerk of the Board) TABLED by the following vote:

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

191312 [Preparation of Findings to Reverse the Categorical Exemption Determination - SFMTA Page Street Bikeway Improvements Pilot Project] Motion directing the Clerk of the Board to prepare findings reversing the determination by the Planning Department that the proposed San Francisco Municipal Transportation Agency Page Street Bikeway Improvements Pilot Project is categorically exempt from further environmental review. (Clerk of the Board) TABLED by the following vote:

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

191280 [Amended and Restated Land Disposition and Acquisition Agreement - Exchange of 639 Bryant Street for 2000 Marin Street] Sponsor: Haney Ordinance approving an Amended and Restated Land Disposition and Acquisition Agreement with 2000 Marin Property, L.P. for the City’s transfer of real property at 639 Bryant Street (Assessor’s Parcel Block No. 3777, Lot No. 052) under the jurisdiction of the San Francisco Public Utilities Commission in exchange for real property at 2000 Marin Street (Assessor’s Parcel Block No. 4346, Lot No. 003), subject to several conditions, including the reimbursement of certain transaction costs; waiving the Administrative Code, Section 23.3, appraisal and fair market value requirements; making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1; and adopting findings under the California Environmental Quality Act, including the adoption of a Mitigation Monitoring and Reporting Program. PASSED ON FIRST READING by the following vote:

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

191252 [Resolution of Intent for Street Vacation - 301 Mission Street - Millennium Tower] Sponsor: Mayor Resolution declaring the intent of the Board of Supervisors to order the vacation of the sidewalk portion of streets on the south side of Mission Street, at the intersection of Mission and Fremont Streets, and on the east side of Fremont Street at the same intersection to allow a structural upgrade of the 301 Mission Street high-rise building known as Millennium Tower; and setting a hearing date for the Board of Supervisors to sit as a Committee of the Whole on March 3, 2020, for all persons interested in the proposed vacation of said street areas. Resolution No. 034-20 ADOPTED by the following vote:

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

200014 [Final Map 9984 - 2444 Lombard Street] Motion approving Final Map 9984, a 43 residential unit and four commercial unit, mixed-use condominium project, located at 2444 Lombard Street, being a subdivision of Assessor’s Parcel Block No. 0936, Lot No. 014; and adopting findings pursuant to the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Public Works) Motion No. M20-015 APPROVED by the following vote:

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

200095 [Urging a Safe Return of Oumar Yaide to San Francisco] Sponsors: Ronen; Mandelman, Haney, Fewer, Yee, Walton, Mar, Preston and Stefani Resolution urging the United States (U.S.) Department of Homeland Security, U.S. Senators Dianne Feinstein and Kamala Harris, and all interested federal agencies to ensure Oumar Yaide’s safe return to San Francisco to reunite with his chosen family. Supervisor Preston and Stefani requested to be added as co-sponsors. Resolution No. 066-20 ADOPTED by the following vote:

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