Board of Supervisors Minutes: August 11, 2020

200244 [Administrative Code - Food Purchasing Standards and Departmental Goals] Sponsors: Fewer; Mandelman Ordinance amending the Administrative Code to introduce standards and goals for food purchasing by the Department of Public Health and Sheriff’s Department in hospitals and jails. Ordinance No. 134-20 FINALLY PASSED City and County of San Francisco Page 685 Printed at 1:11 pm on 9/11/20 Board of Supervisors Meeting Minutes 8/11/2020 The foregoing items were acted upon by the following vote:

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

Noes: None

200758 [Settlement of Lawsuit - Hastings College of the Law - $0] Ordinance authorizing settlement of the lawsuit filed by Hastings College of the Law against the City and County of San Francisco for $0 and a Stipulated Injunction; the lawsuit was filed on May 4, 2020, in United States District Court, Case No. 20-cv-3033; entitled Hastings College of the Law, et al. v. City and County of San Francisco; the lawsuit involves alleged civil rights violations, Federal Americans with Disabilities and California Disabled Persons Act violations, Negligence; Public Nuisance; Private Nuisance and Inverse Condemnation. (City Attorney) Privilege of the floor was granted unanimously to Sophia Kittler (Mayor's Office), Anne Pearson (Office of the City Attorney), and Abigail Stewart-Kahn, Interim Director (Department of Homelessness and Supportive Housing) who responded to questions raised throughout the discussion. Supervisor Peskin, seconded by Supervisor Fewer, moved that this Ordinance be CONTINUED ON FIRST READING to a Closed Session at the Board of Supervisors meeting of August 18, 2020. The motion carried by the following vote:

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

Noes: None

191283 [Police and Public Works Codes - Administrative Penalties and Fines for Illegal Dumping] Sponsors: Walton; Fewer, Haney, Safai, Stefani and Mandelman Ordinance amending the Public Works Code to authorize the Public Works Director to impose administrative penalties and fines for illegal dumping, provide for additional enforcement remedies for illegal dumping, expand the definition of illegal dumping to address electronic waste and hazardous waste, and clarify that each act of illegal dumping constitutes a separate violation subject to abatement or enforcement actions; amending the Police Code to provide procedures for assessment and collection of administrative penalties for illegal dumping; and affirming the Planning Department’s determination under the California Environmental Quality Act. Ordinance No. 132-20 FINALLY PASSED by the following vote:

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

Noes: None

200708 [Supporting the Intent to Fund COVID -19 Rent Resolution and Relief Fund and Social Housing Program Fund] Sponsors: Preston; Walton, Ronen and Haney Resolution supporting housing stability by indicating the Board of Supervisors' intent to appropriate revenue generated by a November 2020 transfer tax ballot measure to a COVID-19 Rent Resolution and Relief Fund and a Social Housing Program Fund. Supervisors Ronen and Haney requested to be added as co-sponsors. Resolution No. 365-20 ADOPTED by the following vote:

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

Noes: None

200768 [Maintenance Agreement - Installation and Maintenance of Transportation Art - California Department of Transportation] Sponsor: Mayor Resolution approving a maintenance agreement between the City and County of San Francisco and the California Department of Transportation (“Caltrans”) for the City’s maintenance of artwork on right-of-way within Caltrans jurisdiction located at the north and south boarding platforms of the Van Ness Avenue and Geary Street station between Geary and O’Farrell Streets for the Van Ness Bus Rapid Transit Project; and the City’s indemnification of Caltrans for any claims occurring by reason of anything done or omitted to be done by City under the agreement. Resolution No. 363-20 ADOPTED by the following vote:

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

Noes: None

200213 [Planning Code - 100% Affordable Housing and Educator Housing Streamlining Program] Sponsors: Fewer, Mar, Peskin, Haney, Walton, Mandelman, Ronen, Safai and Preston Ordinance amending the Planning Code to allow extra height, exceeding otherwise applicable height limitations, for 100% Affordable Housing and Educator Housing projects, and to allow such projects to be constructed on parcels greater than 8,000 square feet or which contain only surface parking lots and do not demolish any existing buildings; making findings that the Ordinance furthers the purpose of Planning Code, Section 206.9; making findings under the California Environmental Quality Act, 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.) PASSED ON FIRST READING by the following vote:

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

Noes: None

200214 [Planning Code - Conditional Use Review and Approval Process - Priority Processing and Reduced Application Fee for Certain Uses of Commercial Space] Sponsors: Peskin; Ronen, Fewer, Haney, Walton, Yee and Safai Ordinance amending the Planning Code to expedite the Conditional Use authorization review and approval process and reduce the application fee for certain uses of commercial space; 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; and adopting findings of public necessity, convenience, and general welfare under Planning Code, Section 302. Supervisors Walton, Yee, and Safai requested to be added as co-sponsors. PASSED ON FIRST READING by the following vote:

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

Noes: None

200215 [Planning Code - Arts Activities, Social Service or Philanthropic Facilities, and COVID-19 Recovery Activities as Temporary Uses; Fee Waiver for COVID-19 Recovery Activities] Sponsors: Ronen; Fewer, Walton, Haney, Peskin, Mandelman and Safai Ordinance amending the Planning Code to allow Arts Activities, and Social Service or Philanthropic Facilities, and COVID-19 Recovery Activities as a temporary use in vacant ground-floor commercial space; 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. Supervisors Mandelman and Safai requested to be added as co-sponsors. PASSED ON FIRST READING by the following vote:

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

Noes: None

Absent: Safai

Supervisor Safai, seconded by Supervisor Walton, 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

200270 [Bi-Annual Housing Balance Report No. 10] Sponsor: Mar Resolution receiving and approving the bi-annual Housing Balance Report No. 10, dated April 1, 2020, submitted as required by Planning Code, Section 103. ADOPTED by the following vote:

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

Noes: None

Absent: Safai

Supervisor Safai, seconded by Supervisor Walton, 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

Resolution No. 369-20 ADOPTED by the following vote:

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

Noes: None

200075 [Liquor License Issuance - 706 Mission Street - 706 Mission Residences Owners Association] Resolution determining that the issuance of a Type-57 special on-sale general beer, wine, and distilled spirits liquor license to the 706 Mission Residences Owners Association, to do business as the Four Seasons Private Residences on the 5th floor of 706 Mission Street (District 6), will serve the public convenience or necessity of the City and County of San Francisco. (Public Safety and Neighborhood Services Committee) Resolution No. 368-20 ADOPTED by the following vote:

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

Noes: None

200711 [Declaring Anti-Black Racism as a Human Rights and Public Health Crisis] Sponsors: Walton; Ronen, Haney, Stefani, Peskin, Mandelman, Safai, Fewer, Preston and Yee Resolution declaring anti-Black racism as a human rights and public health crisis in San Francisco; requesting that City and County of San Francisco departments and agencies prioritize racial equity in all programs; and advocating for local, state, regional, and federal anti-racist policies that advance efforts to dismantle systemic racism. Supervisor Yee requested to be added as a co-sponsor. Resolution No. 366-20 ADOPTED 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) Motion No. M20-100 Supervisor Haney, seconded by Supervisor Fewer, moved that this Motion be APPROVED. 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 Fewer, moved that this Motion be TABLED. 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 Fewer, moved that this Motion be TABLED. The motion carried by the following vote:

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

Noes: None

l Quality Act for the 3516 and 3526 Folsom Street Project, identified in Planning Case No. 2013.1383ENV, and issued by the Planning Department on March 25, 2020. (District 9) (Appellant: Kathleen Angus, on behalf of the Bernal Heights South Slope Organization) (Filed April 24, 2020) (Clerk of the Board) President Yee opened the public hearing and Supervisor Ronen indicated she would be making a motion to continue the appeal hearing and associated Motion to a later date. The President then inquired as to whether any individual wished to address the Board regarding the proposed continuance. Marilyn Watterman; Seth Renzol; Linda Raimey; Alisia Chaven; speaker; Connie Ewald; Charles R. Olson; Tochi; Speaker; Nancy Zechis; Kathleen Angus; Fabien Lannoye; Gail Newman; Gail Romano; Linda Weiner; Mitchel Omerberg; Linda Spader; Herbert Felsenfeld; Jim Fogarty; spoke on various concerns related to the proposed continuance. There were no other speakers. President Yee closed public comment on the continuance. Supervisor Ronen, seconded by Supervisor Preston, moved that this Hearing be CONTINUED to the Board of Supervisors meeting of September 1, 2020. The motion carried by the following vote:

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

Noes: None

Excused: Safai

200801 [Affirming the Revised Mitigated Negative Declaration - Proposed 3516 and 3526 Folsom Street Project] Motion affirming the Revised Mitigated Negative Declaration prepared by the Planning Department under the California Environmental Quality Act for the proposed project located at 3516 and 3526 Folsom Street. (Clerk of the Board) Supervisor Ronen, seconded by Supervisor Preston, moved that this Motion be CONTINUED to the Board of Supervisors meeting of September 1, 2020. The motion carried by the following vote:

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

Noes: None

Excused: Safai

200802 [Conditionally Reversing the Revised Mitigated Negative Declaration - Proposed 3516 and 3526 Folsom Street Project] Motion conditionally reversing the Revised Mitigated Negative Declaration prepared by the Planning Department under the California Environmental Quality Act for the proposed project located at 3516 and 3526 Folsom Street, subject to the adoption of written findings of the Board in support of this determination. (Clerk of the Board) Supervisor Ronen, seconded by Supervisor Preston, moved that this Motion be CONTINUED to the Board of Supervisors meeting of September 1, 2020. The motion carried by the following vote:

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

Noes: None

Excused: Safai

200803 [Preparation of Findings to Reverse the Revised Final Mitigated Negative Declaration - Proposed 3516 and 3526 Folsom Street Project] Motion directing the Clerk of the Board to prepare findings reversing the Planning Department’s preparation of a Revised Mitigated Negative Declaration under the California Environmental Quality Act for the proposed project located at 3516 and 3526 Folsom Street. (Clerk of the Board) Supervisor Ronen, seconded by Supervisor Preston, moved that this Motion be CONTINUED to the Board of Supervisors meeting of September 1, 2020. The motion carried by the following vote:

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

Noes: None

Excused: Safai

200805 [Affirming the Final Environmental Impact Report Certification - Proposed Balboa Reservoir Project] Motion affirming the Planning Commission’s certification of the Final Environmental Impact Report prepared for the proposed Balboa Reservoir project. (Clerk of the Board) Motion No. M20-101 Supervisor Yee, seconded by Supervisor Peskin, moved that this Motion be APPROVED. The motion carried by the following vote:

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

Noes: None

200806 [Conditionally Reversing the Final Environmental Impact Report Certification - Proposed Balboa Reservoir Project] Motion conditionally reversing the Planning Commission’s certification of the Final Environmental Impact Report prepared for the proposed Balboa Reservoir Project, subject to the adoption of written findings of the Board of Supervisors in support of this determination. (Clerk of the Board) Supervisor Yee, seconded by Supervisor Peskin, moved that this Motion be TABLED. The motion carried by the following vote:

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

Noes: None

200807 [Preparation of Findings to Reverse the Final Environmental Impact Report Certification - Proposed Balboa Reservoir Project] Motion directing the Clerk of the Board to prepare findings related to reversing the Planning Commission’s certification of the Final Environmental Impact Report prepared for the proposed Balboa Reservoir Project. (Clerk of the Board) Supervisor Yee, seconded by Supervisor Peskin, moved that this Motion be TABLED. The motion carried by the following vote:

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

Noes: None

200635 [General Plan Amendments - Balboa Reservoir Project] Ordinance amending the General Plan to revise the Balboa Park Station Area Plan, the Recreation and Open Space Element, and the Land Use Index, to reflect the Balboa Reservoir Project; amending the Housing Element in regard to the design of housing for families with children; adopting findings 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 public necessity, convenience, and general welfare findings under Planning Code, Section 340. (Planning Commission) PASSED ON FIRST READING by the following vote:

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

Noes: None

llel to a mixed-use multifamily residential development along Ocean Avenue to the south; adopting findings under the California Environmental Quality Act; making findings of consistency under the General Plan, and the eight priority policies of Planning Code, Section 101.1; and making findings of public necessity, convenience, and welfare under Planning Code, Section 302. (Economic Impact) Supervisor Yee, seconded by Supervisor Peskin, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, by reducing the maximum allowed height of Block G to 68 feet in Figure 249.88-2; amending Section 249.88(g)(8)(A) so exempted features do not exceed 20% of the rooftop area and add clarifications and limitations to exempted features, including articulated roof forms and additional ceiling height at common use amenity spaces; amending Section 7.24 in the Design Standard Guidelines to add guidelines for the locations of elevator penthouse and rooftop equipment so they are less visible from adjacent streets and properties and to limit the height of elevator penthouse structures; and making other clarifying and conforming changes. The motion carried by the following vote:

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

Noes: None

(Economic Impact) PASSED ON FIRST READING AS AMENDED by the following vote:

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

Noes: None

the developer’s commitment to provide 33% affordable housing will not be amended; include a provision to prevent delay on the developer’s commitment to building by providing a schedule of performance; include a City repurchase option to encourage the swift production of the project’s community benefits and to provide additional security for the City; clarify that no retail use is permitted under the Development Agreement; set child care center’s rent at $1 annually to support a nonprofit child care operator’s ability to serve; ensure that the publicly accessible open space is managed equitably with participation and representation from the public; include language evolving the role of the community after the sunset of the Balboa Reservoir Community Advisory Committee; clarify commitments to best-practices and robust coordination with the public during construction; include mention of the City’s investment for transit improvement and traffic mitigation in the neighboring project area; update the TDM Plan menu of options to include contributions or incentives for sustainable transportation; and making other clarifying and conforming changes. 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, after accepting the amendments to the Development Agreement, by the following vote:

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

Noes: None

: Yee Resolution approving and authorizing the execution of an Agreement for Sale of Real Estate for the conveyance by the City, acting through the San Francisco Public Utilities Commission (SFPUC), to Reservoir Community Partners, LLC of approximately 16.4 acres of real property in Assessor’s Parcel Block No. 3180, Lot No. 190, located near Ocean Avenue and Frida Kahlo Way, for $11,400,000; adopting findings under the California Environmental Quality Act; adopting findings that the conveyance is consistent with the General Plan, and the priority policies of Planning Code, Section 101.1; authorizing the Director of Property and/or the SFPUC’s General Manager to execute the Agreement for Sale of Real Estate and related documents for the sale of the property, including an Open Space License, Promissory Note, Deed of Trust, Amended and Restated Easement Agreement and Deed, Declaration of Restrictions, and Recognition Agreement; and authorizing the Director of Property and/or the SFPUC’s General Manager to make certain modifications, as described herein, and take certain actions in furtherance of this Resolution, as described herein. Resolution No. 373-20 ADOPTED by the following vote:

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

Noes: Mar

191249 [Planning Code - 100% Affordable Housing and Educator Housing Streamlining Program] Sponsor: Yee Ordinance 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 determination under the California Environmental Quality Act; making findings that the Ordinance furthers the purpose of Planning Code, Section 206.9; 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.) PASSED ON FIRST READING by the following vote:

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

Noes: None

200878 [Final Map 9802 - 25 and 37 Grace Street] Motion approving Final Map 9802, comprised of an 11 unit residential condominium project in each of lots 1 and 2, located at 25 and 37 Grace Street, being a merger and re-subdivision of Assessor’s Parcel Block No. 3509, Lot Nos. 024 through 026; and adopting findings pursuant to the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Public Works) Motion No. M20-104 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