Board of Supervisors Minutes: April 21, 2020

200086 [Planning Code, Zoning Map - Bayview Industrial Triangle Redevelopment Area Rezoning] Sponsor: Walton Ordinance amending the Planning Code by amending the Zoning Map to change the use classification of certain parcels in the Bayview Industrial Redevelopment Project Area (“Project Area”) from M-1 (Light Industrial), M-2 (Heavy Industrial) and NC-3 (Moderate-Scale Neighborhood Commercial) to PDR-1-G (General Production, Distribution, and Repair) and NCT-3 (Moderate-Scale Neighborhood Commercial Transit) Districts, and to change the height and bulk classification of certain parcels in the Project Area from 40-X to 65-X; 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. Ordinance No. 072-20 FINALLY PASSED The foregoing items were acted upon by the following vote:

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

Noes: None

191002 [Planning Code - Geary-Masonic Special Use District] Sponsors: Stefani; Yee Ordinance amending the Planning Code to modify the Geary-Masonic Special Use District regarding minimum parking requirements, ground floor celling heights, and to allow payment of an inclusionary housing fee; 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. Supervisor Yee requested to be added as a co-sponsor. Privilege of the floor was granted unanimously to Anne Pearson (Office of the City Attorney) who responded to questions raised throughout the discussion. Ordinance No. 070-20 FINALLY PASSED by the following vote:

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

Noes: Preston

191285 [Planning Code - Lot Mergers, Neighborhood Notice, and Zoning Controls] Sponsor: Yee Ordinance amending the Planning Code to require consideration of smaller commercial spaces when creating large lots, limiting lot frontages to 50 feet on Ocean Avenue, creating an exception from neighborhood notices for certain uses in the Ocean Avenue Neighborhood Commercial Transit District, and adding Arts Activity as a use to the Ocean Avenue Neighborhood Commercial Transit District; 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. Ordinance No. 071-20 FINALLY PASSED by the following vote:

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

Noes: None

200087 [Planning Code, Zoning Map - Bayview Industrial Triangle Cannabis Restricted Use District] Sponsor: Walton Ordinance amending the Planning Code and Zoning Map to create the Bayview Industrial Triangle Cannabis Restricted Use District; 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. Ordinance No. 075-20 FINALLY PASSED by the following vote:

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

Noes: Mandelman

200293 [Accept and Expend Grant - Retroactive - PolicyLink - Financial Justice Project - $250,000] Resolution retroactively authorizing the Office of the Treasurer and Tax Collector to accept and expend a grant in the amount of $250,000 from PolicyLink for the purpose of designing and implementing a national initiative to reform fines and fees from December 1, 2019, through July 31, 2021. (Treasurer-Tax Collector) Resolution No. 174-20 ADOPTED by the following vote:

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

Noes: None

200305 [Accept and Expend Grant - Retroactive - California Governor's Office of Emergency Services - Innovative Response to Marginalized Victims Program - $163,145] Sponsor: Preston Resolution retroactively authorizing the Office of the District Attorney to accept and expend a grant in the amount of $163,145 from the California Governor's Office of Emergency Services for the Innovative Response to Marginalized Victims Program for the grant period of January 1, 2020, through December 31, 2020. Resolution No. 176-20 ADOPTED by the following vote:

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

Noes: None

200306 [Accept and Expend Grant - Retroactive - California Governor's Office of Emergency Services - Elder Abuse Program - $200,000] Sponsor: Preston Resolution retroactively authorizing the Office of the District Attorney to accept and expend a grant in the amount of $200,000 from the California Governor's Office of Emergency Services for the Elder Abuse Program for the grant period January 1, 2020, through December 31, 2020. Resolution No. 177-20 ADOPTED by the following vote:

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

Noes: None

200317 [Limited Payment Guaranty - Maceo May Apts, L.P. - 100% Affordable Housing at 401 Avenue of the Palms - Silicon Valley Bank - Not to Exceed $44,615,000 - Raymond James Tax Credit Investment, Inc. - Not to Exceed $2,600,000] Sponsor: Mayor Resolution approving and authorizing the execution of a Limited Payment Guaranty for the benefit of Silicon Valley Bank in an amount not to exceed $44,615,000 plus accrued interest and any other costs, and a Limited Payment Guaranty for the benefit of Raymond James Tax Credit Investment, Inc., in an amount not to exceed $2,600,000 if the construction of the 100% affordable, 105-unit multifamily rental housing development (plus one staff unit) for low and moderate income veteran households on Treasure Island (“Maceo May Project”) cannot be completed as a result of injunctive relief to the stop work or other similar notice issued by a court as a result of a current lawsuit. (Fiscal Impact) Resolution No. 168-20 ADOPTED by the following vote:

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

Noes: None

191302 [Street Name Change - Steuart Street to Steuart Lane] Sponsor: Haney Resolution renaming the 200 block of Steuart Street to “Steuart Lane,” to honor William M. Steuart, and to further continue his legacy and contributions he has made to the City and County of San Francisco. Resolution No. 169-20 ADOPTED by the following vote:

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

Noes: None

200171 [Liquor License - One Ferry Building - The Epicurean Trader] Resolution determining that the issuance of a Type-21 off-sale general beer, wine, and distilled spirits liquor license to The Epicurean Trader, LLC, doing business as The Epicurean Trader, located at One Ferry Building, Suite 9 (District 3), 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. 170-20 ADOPTED by the following vote:

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

Noes: None

200172 [Liquor License Transfer - 1401-19th Avenue - Kal's Neighborhood Market] Resolution determining that the transfer of a Type-20 off-sale beer and wine liquor license to DP & DK Investments, Inc., doing business as Kal's Neighborhood Market, located at 1401-19th Avenue (District 4), 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. 171-20 ADOPTED by the following vote:

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

Noes: None

200360 [Emergency Ordinance - Grocery Store, Drug Store, Restaurant, and On-Demand Delivery Service Employee Protections] Sponsors: Haney; Mar, Walton, Ronen, Preston, Fewer, Safai, Peskin and Yee Emergency ordinance to temporarily require grocery store, drug store, restaurant, and on-demand delivery service employers to provide health, scheduling, and hours protections to employees during the public health emergency related to COVID-19. (Pursuant to Charter, Section 2.107, this matter requires the affirmative vote of two-thirds of the Board of Supervisors (8 votes) for passage.) Ordinance No. 074-20 FINALLY PASSED by the following vote:

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

Noes: None

200362 [Emergency Ordinance - Administrative Code - Rent Increases During COVID-19 Pandemic] Sponsors: Peskin; Fewer, Preston, Ronen, Walton, Safai, Haney and Mandelman Emergency ordinance to temporarily prohibit rent increases that would otherwise be permitted under the Administrative Code, due to the COVID-19 pandemic. (Pursuant to Charter, Section 2.107, this matter requires the affirmative vote of two-thirds of the Board of Supervisors (8 votes) for passage.) Supervisors Haney and Mandelman requested to be added as co-sponsors. Ordinance No. 068-20 FINALLY PASSED by the following vote:

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

Noes: None

200386 [Approval of a 90-Day Extension for Planning Commission Review of 100% Affordable Housing and Educator Housing Streamlining Program (File No. 191249)] Sponsor: Yee Resolution extending by 90 days the prescribed time within which the Planning Commission may render its decision on an Ordinance (File No. 191249) amending the Planning Code to require that in Educator Housing projects at least 10% of residential units have three or more bedrooms; affirming the Planning Department’s California Environmental Quality Act determination; 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. Resolution No. 183-20 ADOPTED The foregoing items were acted upon by the following vote:

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

Noes: None

by the spread of the pandemic, but not the number of deaths by zip code; and WHEREAS, The San Francisco Board of Supervisors currently receives a Daily Update Report reflecting hotel room capacity and occupancy by first responders and vulnerable populations, as well as the bed count and operational status of “Congregate Site Locations” for post-COVID discharges from hotels and hospitals, but not separated by capacity and occupancy of Shelter In Place Sites (“SIPS”), “Isolation and Quarantine” sites or “Negative Recovery Rooms”; and’; on Page 3, Lines 11-13, by striking ‘The neighborhood origin of confirmed COVID-19 cases, in whatever discernible geographic indicator that City officials deem appropriate (e.g., zip code, census tract, Department of Elections neighborhood)’, and Lines 21-22, by adding ‘and occupancy’ and ‘Shelter in Place Sites, Isolation and Quarantine sites, and Negative Recovery Rooms’; and Page 4, Lines 1-4, by adding ‘including daily updates of the number of individuals entering or being discharged from such sites; Available daily intake and discharge counts from Acute Care, Acute Care Surge, ICU and ICU Surge beds; and’. The motion carried by the following vote:

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

Noes: None

Supervisor Walton, seconded by Supervisor Peskin, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE, on Page 1, Line 6, by adding ‘the zip code of residences for each COVID-19 death,’ and Line 24, by adding ‘The zip code for each death from COVID-19;‘. The motion carried by the following vote:

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

Noes: None

Resolution urging the disclosure of additional data sets related to the well-being of homeless San Franciscans and residents of Single Room Occupancy hotels, the number and occupancy of available hotel rooms, the geographic origin of confirmed positive COVID-19 cases, the zip code of residences for each COVID-19 death, and the date of COVID-19 test specimen collection; and commending the interdepartmental collaboration which resulted in the publication of the San Francisco COVID-19 Data Tracker. Supervisor Peskin, seconded by Supervisor Mandelman, moved that this Resolution be CONTINUED AS AMENDED to the Board of Supervisors meeting of April 28, 2020. The motion carried by the following vote:

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

Noes: None

200385 [Urging Congress and Federal Executive Branch to Expeditiously Expand Economic Stimulus Bill - Ensure Equitable Solutions for Small Businesses and Nonprofits] Sponsors: Yee; Mandelman, Preston, Fewer, Walton and Safai Resolution urging the United States Congress and the Federal Executive Branch to expeditiously pass and enact subsequent interim emergency coronavirus relief stimulus packages in addition to the Coronavirus Aid, Relief, and Economic Security Act (CARES) with at least $500 billion more in economic aid and $250 billion more in investments for small business loans, specifically targeting women, people of color, veteran-owned businesses, and nonprofits, bolstering community-based lenders and smaller financial institutions; and supporting the San Francisco Small Business Commission’s recommendations. Supervisors Preston, Fewer, Walton, and Safai requested to be added as co-sponsors. Resolution No. 182-20 ADOPTED by the following vote:

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

Noes: None

200384 [Concurring in Actions to Meet Local Emergency - Coronavirus Response] Sponsor: Yee Motion concurring in actions taken by the Mayor in the Ninth and Tenth Supplements to the Proclamation of Emergency, released on April 10, 2020, and April 14, 2020, to meet the ongoing local emergency related to the novel coronavirus COVID-19 pandemic. Privilege of the floor was granted unanimously to Jon Givner (Office of the City Attorney) and Sophia Kittler (Mayor's Office) who responded to questions raised throughout the discussion. Motion No. M20-050 APPROVED by the following vote:

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

Noes: None