Board of Supervisors Minutes: March 3, 2020

191279 [Administrative Code - Designation Under Health Insurance Portability and Accountability Act (HIPAA)] Sponsors: Mayor; Mandelman, Ronen and Mar Ordinance amending the Administrative Code to designate the City and County of San Francisco (“City”) as a hybrid entity under the Health Insurance Portability and Accountability Act of 1996 (“HIPAA”); to require the City Administrator to prepare a report identifying those City departments, and/or divisions thereof, that would qualify as covered entities or business associates under HIPAA, for approval by resolution of the Board of Supervisors; and to require the City Administrator to develop, maintain, and administer a citywide HIPAA compliance policy. Ordinance No. 042-20 FINALLY PASSED The foregoing items were acted upon by the following vote:

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

Noes: None

Absent: Fewer

nnabis 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 Director has not been notified of any court judgment finding that the owner of the new location has wrongfully evicted another permittee from the new location, 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. Ordinance No. 039-20 FINALLY PASSED by the following vote:

Ayes: Haney, Mandelman, Mar, Peskin, Preston, Ronen, Safai, Walton

Noes: Stefani, Yee

Absent: Fewer

200038 [Appropriation - Refunding General Obligation Bond Proceeds - $255,000,000 - FY2019-2020] Sponsor: Mayor Ordinance appropriating not to exceed $255,000,000 from the issuance of one or more series of Refunding General Obligation Bonds; and placing such amount on Controller's reserve subject to the closing of one or more refunding transactions for FY2019-2020. (Fiscal Impact) PASSED ON FIRST READING by the following vote:

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

Noes: None

Absent: Fewer

190910 [Accept and Expend Gift - San Francisco 722 Montgomery, LLC - Citywide Affordable Housing Fund - $100,000] Sponsor: Peskin Resolution authorizing the Mayor’s Office of Housing and Community Development to accept and expend a gift of $100,000 from San Francisco 722 Montgomery, LLC, to the Citywide Affordable Housing Fund. (Mayor’s Office of Housing and Community Development) Resolution No. 092-20 ADOPTED by the following vote:

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

Noes: None

Absent: Fewer

191266 [Accept and Expend Grant - Retroactive - California Department of Parks and Recreation Local Assistance Specified Grant - West Portal Playground - $388,000] Sponsors: Mayor; Yee Resolution retroactively authorizing the Recreation and Park Department to accept and expend a Local Assistance Specified Grant in the amount of $388,000 from the California Department of Parks and Recreation for the West Portal Playground Project for the grant period of July 1, 2019, through June 30, 2022. Resolution No. 093-20 ADOPTED by the following vote:

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

Noes: None

Absent: Fewer

200032 [Accept and Expend Grant - Retroactive - Department of Homeland Security Federal Emergency Management Agency - Port Security Grant Program - $298,414] Sponsor: Stefani Resolution retroactively authorizing the Police Department to accept and expend a grant in the amount of $298,414 from the Department of Homeland Security Federal Emergency Management Agency to purchase an underwater remote operated vehicle, for the period of September 1, 2019, through August 31, 2022, and waiving indirect costs. (Police Department) Resolution No. 094-20 ADOPTED by the following vote:

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

Noes: None

Absent: Fewer

200044 [Lease of Real Property - 33 Gough LLC - 33 Gough Street - Base Annual Rent of $1,259,300] Sponsors: Mayor; Haney Resolution approving and authorizing the Director of Property, on behalf of the Department of Homelessness and Supportive Housing, to lease real property located at 33 Gough Street, for a term of three years, from 33 Gough LLC, at a base rent of $1,259,300 per year; and authorizing the Director of Property to execute documents, make certain modifications and take certain actions in furtherance of the Lease and this Resolution, as defined herein, to commence following Board approval. (Department of Homelessness and Supportive Housing) (Fiscal Impact) Resolution No. 095-20 ADOPTED by the following vote:

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

Noes: None

Absent: Fewer

200082 [Modification to License and Services Agreement - Airport Research and Development Foundation - Application-Based Commercial Ground Transportation Trip Fee Collection Services - Aggregate Amount Not to Exceed $1,682,000] Resolution approving Modification No. 2 to License and Services Agreement No. 50037 between the City and County of San Francisco, acting by and through its Airport Commission, and Airport Research and Development Foundation, a not-for-profit corporation, to extend the services term of the Agreement for use of application-based commercial ground transportation trip fee collection services for three years through March 12, 2023; reduce the cap of the Administrative Services Fee from $250,000 to an amount not to exceed $144,000 annually for the period of March 13, 2020, through March 12, 2023, for an aggregate amount not to exceed $1,682,000 for the total term of March 12, 2015, through March 12, 2023; and provide for one two-year renewal option to extend. (Airport Commission) (Fiscal Impact) Resolution No. 096-20 ADOPTED by the following vote:

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

Noes: None

Absent: Fewer

tion Agents and other Agents for said Bonds; approving the form and authorizing the execution and delivery of Escrow Agreement(s) relating to the Prior Bonds; approving and directing the tax levy for repayment of said Bonds; approving procedures for competitive or negotiated sales including approving forms of Official Notice of Sale and Notice of Intention to Sell said Bonds and authorizing the selection of Underwriter(s) and the execution and delivery of Bond Purchase Contract(s); approving the form and authorizing the execution and delivery of Continuing Disclosure Certificates; approving the form and authorizing the distribution of the Preliminary Official Statement and authorizing the execution, delivery and distribution of the Official Statement for the Series 2020-R1 Bonds; authorizing payment of Costs of Issuance of said Bonds; approving modifications to documents; ratifying actions previously taken; and granting general authority to City Officials to take necessary actions in connection with the authorization, issuance, sale and delivery of the Bonds, including the Series 2020-R1 Bonds and the Prior Bonds. (Fiscal Impact) Resolution No. 097-20 ADOPTED by the following vote:

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

Noes: None

Absent: Fewer

200089 [Debt Policy - Controller's Office of Public Finance] Sponsor: Mayor Resolution approving the Controller's Office of Public Finance Debt Policy in accordance with California Government Code, Section 8855; and determining other matters in connection therewith, as defined herein. Resolution No. 098-20 ADOPTED by the following vote:

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

Noes: None

Absent: Fewer

200090 [Contract Agreement - Universal Protection Service, LP, dba Allied Universal Security Services - Armed and Unarmed Security Guard Services - Not to Exceed $59,028,401] Sponsor: Mayor Resolution approving San Francisco Municipal Transportation Agency (SFMTA) Contract No. 2018-48 for armed and unarmed security guard services with Universal Protection Service, LP, dba Allied Universal Security Services, in an amount not to exceed $28,119,281 for an initial three-year term to commence on the effective date following Board approval, and for an amount not to exceed $59,028,401 should the Director of Transportation, in their discretion, elect to exercise all three one-year options to extend the Contract; and affirming the SFMTA determination under the California Environmental Quality Act. (Municipal Transportation Agency) (Fiscal Impact) Resolution No. 099-20 ADOPTED by the following vote:

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

Noes: None

Absent: Fewer

200110 [Public Auction - Tax-Defaulted Real Property] Resolution authorizing Tax Collector to sell at public auction certain parcels of tax-defaulted real property, as defined herein. (Treasurer-Tax Collector) Resolution No. 100-20 ADOPTED by the following vote:

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

Noes: None

Absent: Fewer

171320 [Real Property Lease - NPU, Inc. - United States Old Mint - 88 Fifth Street - $22,000 per Month] Sponsors: Mayor; Haney Resolution authorizing and approving a Lease with NPU, Inc., a California corporation, for the United States Old Mint at 88 Fifth Street, at the monthly base rent of $22,000; requiring tenant to be responsible for all utilities and services, participation rent of 50% of venue rental fees and $2,500 per ticketed event subject to a rent credit not to exceed $500,000 for a two-year term to commence upon approval by the Board of Supervisors and Mayor through February 28, 2022, with three one-year options to extend; authorizing the Director of Property to execute documents, make certain modifications and take certain actions in furtherance of the Lease and this Resolution, as defined herein; adopting findings under the California Environmental Quality Act, Public Resources Code, Section 21000 et seq.; and making findings that the proposed transaction is in conformity with the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Real Estate Department) Resolution No. 101-20 ADOPTED by the following vote:

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

Noes: None

Absent: Fewer

190454 [Planning Code - Obstructions in Required Setbacks, Yards, and Usable Open Space] Ordinance amending the Planning Code to allow, in required setbacks, yards, and usable open space, all projections of an architectural nature if they meet the specified requirements and to allow bay windows that do not meet the specified requirements to apply for a Zoning Administrator waiver; 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 general welfare under Planning Code, Section 302. (Planning Commission) PASSED ON FIRST READING by the following vote:

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

Noes: None

Absent: Fewer

200083 [Transfer of Redevelopment Agency Real Property Assets - Office of Community Investment and Infrastructure - Mayor’s Office of Housing and Community Development, and Recreation and Park Department] Resolution authorizing and approving the acceptance of certain real property assets from the Office of Community Investment and Infrastructure to the City and County of San Francisco; placing parcels under the jurisdiction of Public Works (Assessor’s Parcel Block (Block) No. 5203, Lot Nos. 037 and 044; Block No. 4570, Lot Nos. 020, 021, and 028; and Block No. 3751, Lot Nos. 167 and 168); placing parcels under the Mayor’s Office of Housing and Community Development (Block No. 5423A, Lot 009; and Block No. 3731, Lot Nos. 240 and 241); placing property commonly known as the Adam Rogers Park Addition under the jurisdiction of the Recreation and Park Department; finding the proposed transaction is in conformance with the General Plan, and the eight priority policies of Planning Code, Section 101.1; and adopting findings under the California Environmental Quality Act. (City Administrator) ADOPTED by the following vote:

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

Noes: None

Absent: Fewer

Supervisor Peskin, seconded by Supervisor Ronen, moved to rescind the previous vote. The motion carried by the following vote:

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

Noes: None

Absent: Fewer

Supervisor Peskin, seconded by Supervisor Ronen, moved that this Resolution be CONTINUED to the Board of Supervisors meeting of March 10, 2020. The motion carried by the following vote:

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

Noes: None

200074 [Appointment, Street-Level Drug Dealing Task Force - Kenneth Kim] Motion appointing Kenneth Kim, for an indefinite term, to the Street-Level Drug Dealing Task Force. (Rules Committee) Motion No. M20-025 APPROVED by the following vote:

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

Noes: None

Absent: Fewer

200168 [Appointments, Veterans Affairs Commission - Douglas Bullard, William Barnickel, Courtney Miller, and Hanley Chan] Motion appointing Douglas Bullard, term ending January 31, 2023, and William Barnickel, Courtney Miller, and Hanley Chan, terms ending January 31, 2024, to the Veterans Affairs Commission. (Rules Committee) Motion No. M20-026 APPROVED by the following vote:

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

Noes: None

Absent: Fewer

200169 [Appointments, SOMA Community Stabilization Fund Community Advisory Committee - John Elberling, Misha Olivas, Raquel Redondiez, Allan Manalo, and Adam Mesnick] Motion appointing John Elberling, Misha Olivas, Raquel Redondiez, Allan Manalo, and Adam Mesnick, terms ending December 1, 2023, to the SOMA Community Stabilization Fund Community Advisory Committee. (Rules Committee) Motion No. M20-027 APPROVED by the following vote:

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

Noes: None

Absent: Fewer

191253 [Street Vacation - Millennium Tower 301 Mission Perimeter Pile Upgrade Project] Sponsor: Mayor Ordinance ordering 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, subject to certain conditions; rededicating the area subject to the street vacation to public use for street and right-of-way purposes after the City’s issuance of an easement for the abovementioned structural upgrade; adopting environmental findings under the California Environmental Quality Act; adopting findings that the vacation and rededication of the street area are consistent with the General Plan, and the eight priority policies of Planning Code, Section 101.1; and authorizing actions in furtherance of this Ordinance. PASSED ON FIRST READING by the following vote:

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

Noes: None

Absent: Stefani, Walton

Supervisor Stefani, seconded by Supervisor Peskin, moved to rescind the previous vote. The motion carried by the following vote:

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

Noes: None

PASSED ON FIRST READING by the following vote:

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

Noes: None

sh on Lot No. 64; install metal screening on portions of the Kissling Street frontage and on portions of the Howard Street frontage; reduce the existing 42-foot-wide curb cut on the Howard Street frontage to approximately 29 feet wide and remove the existing curb cut on the Kissling Street frontage; and amending the Zoning Map by changing the zoning district for Lot Nos. 39, 40, 41, and 42 at the project site from RED (Resident Enclave) to RED-MX (Residential Enclave-Mixed). (District 6) (Appellant: Stephen Williams of the Law Office of Stephen M. Williams, on behalf of William Hedden) (Filed January 23, 2020) (Clerk of the Board) President Yee opened the public hearing and Supervisor Haney provided brief remarks, indicating he would be making a motion to continue these matters to a later date. The President then inquired as to whether any member of the public wished to address the Board relating to the proposed continuance. There were no speakers. The President closed public comment on the continuance. Supervisor Haney, seconded by Supervisor Ronen, moved that this Hearing be CONTINUED to the Board of Supervisors meeting of April 14, 2020. The motion carried by the following vote:

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

Noes: None

200104 [Affirming the Categorical Exemption Determination - 1531-1581 Howard Street and 118-134 Kissling Street] Motion affirming the determination by the Planning Department that the proposed 1531-1581 Howard Street and 118-134 Kissling Street Project is categorically exempt from further environmental review. (Clerk of the Board) Supervisor Haney, seconded by Supervisor Ronen, moved that this Motion be CONTINUED to the Board of Supervisors meeting of April 14, 2020. The motion carried by the following vote:

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

Noes: None

200105 [Conditionally Reversing the Categorical Exemption Determination - 1531-1581 Howard Street and 118-134 Kissling Street] Motion conditionally reversing the determination by the Planning Department that the proposed 1531-1581 Howard Street and 118-134 Kissling Street Project is categorically exempt from further environmental review, subject to the adoption of written findings of the Board in support of this determination. (Clerk of the Board) Supervisor Haney, seconded by Supervisor Ronen, moved that this Motion be CONTINUED to the Board of Supervisors meeting of April 14, 2020. The motion carried by the following vote:

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

Noes: None

200106 [Preparation of Findings to Reverse the Categorical Exemption Determination - 1531-1581 Howard Street and 118-134 Kissling Street] Motion directing the Clerk of the Board to prepare findings reversing the determination by the Planning Department that the proposed 1531-1581 Howard Street and 118-134 Kissling Street Project is categorically exempt from further environmental review. (Clerk of the Board) Supervisor Haney, seconded by Supervisor Ronen, moved that this Motion be CONTINUED to the Board of Supervisors meeting of April 14, 2020. The motion carried by the following vote:

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

Noes: None

200019 [Final Map 10058 - Hunters Point Shipyard Block 52] Motion approving Final Map 10058, Block 52 of Hunters Point Shipyard Phase 1, a three lot subdivision of Assessor’s Parcel Block No. 4591C, Lot Nos. 215, 216, 226, 227, and 560, comprised of Lot 1, Lot 2, and Lot A; and adopting findings pursuant to the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Public Works) Motion No. M20-029 APPROVED The foregoing items were acted upon by the following vote:

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

Noes: None

200222 [Urging Invalidation of 2019 Revenue Agreement - JC Decaux] Sponsors: Peskin; Haney and Mar Resolution urging Public Works and the Office of the City Attorney to take immediate steps to cancel the City and County of San Francisco’s Revenue Agreement with JC Decaux, including ceasing implementation of its lucrative Grant of Advertising Rights. Supervisor Peskin, seconded by Supervisor Walton, moved that this Resolution be REFERRED to the Government Audit and Oversight Committee. The motion carried by the following vote:

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

Noes: None