Board of Supervisors Minutes: October 21, 2014

140996 [Appointment, Assessment Appeals Board No. 3 - Anne Ferrel] Motion appointing Anne Ferrel, term ending September 4, 2017, to the Assessment Appeals Board No. 3. (Rules Committee) Motion No. M14-171 APPROVED City and County of San Francisco Page 735 Printed at 2:13 pm on 12/4/14 Board of Supervisors Meeting Minutes 10/21/2014 The foregoing items were acted upon by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Noes: None

0381 [Administrative, Planning Codes - Amending Regulation of Short-Term Residential Rentals and Establishing Fee] Sponsor: Chiu Ordinance amending the Administrative Code to provide an exception for permanent residents to the prohibition on short-term residential rentals under certain conditions; to create procedures, including a registry administered by the Planning Department, for tracking short-term residential rentals and compliance; to establish an application fee for the registry; amending the Planning Code to clarify that short-term residential rentals shall not change a unit’s type as residential; 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. Privilege of the floor was granted to Jon Givner, Deputy City Attorney, who responded to questions raised throughout the discussion. Supervisor Avalos, seconded by Supervisor Campos, moved that this Ordinance be AMENDED in Administrative Code, Section 41A.5, by allowing short term rentals for no more than 90 days per year. The motion FAILED by the following vote:

Ayes: Avalos, Campos, Kim, Mar, Yee

Noes: Breed, Chiu, Cohen, Farrell, Tang, Wiener

Supervisor Campos, seconded by Supervisor Avalos, moved that this Ordinance be AMENDED in Section 4(a-b), by making the ordinance operative only after the certification by the Treasurer/Tax Collector that all Hosting Platforms have remitted all Transient Occupancy Taxes that are due and payable. The motion FAILED by the following vote:

Ayes: Avalos, Campos, Kim, Mar, Yee

Noes: Breed, Chiu, Cohen, Farrell, Tang, Wiener

Supervisor Yee proposed an amendment relating to hosting platforms that have paid their taxes. The motion died due to a lack of a second. Supervisor Yee, seconded by Supervisor Mar, moved that this Ordinance be AMENDED in Section 41A.5(g)(2) by limiting short term rentals to 90 days and adding other restrictions for residential units located in RH-1(D) zoning districts. The motion FAILED by the following vote:

Ayes: Avalos, Campos, Kim, Mar, Yee

Noes: Breed, Chiu, Cohen, Farrell, Tang, Wiener

Ordinance No. 218-14 FINALLY PASSED by the following vote:

Ayes: Breed, Chiu, Cohen, Farrell, Kim, Tang, Wiener

Noes: Avalos, Campos, Mar, Yee

140798 [Business and Tax Regulations Code - Amendments to Common Administrative Provisions, Business Registration, Payroll Expense Tax, and Gross Receipts Tax] Sponsor: Chiu Ordinance amending the Business and Tax Regulations Code by revising the minimum filing amounts for the payroll expense tax and gross receipts tax and making the amounts consistent with administrative requirements for the small business exemptions; clarifying penalty and interest provisions; clarifying that each member of a combined group engaged in business in San Francisco must register with the Tax Collector; clarifying when annual adjustments must be made to the business registration fee; clarifying the basis of the business registration fee; and deleting obsolete registration provisions. Supervisor Chiu requested to be added as the sponsor. PASSED, ON FIRST READING by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Noes: None

ecome the subject of buyout negotiations; to require all buyout agreements to be in writing and to include certain statements about the tenant’s rights; to allow tenants to rescind buyout agreements for up to 45 days after the agreements are fully executed; to require landlords to file a copy of buyout agreements with the Rent Board; to require the Rent Board to create a publically available searchable database of buyout agreements; to require the Rent Board to provide an annual report to the Board of Supervisors regarding tenant buyouts; to authorize tenants to bring civil actions for actual damages and civil penalties against landlords who fail to provide the required disclosures about the tenants’ rights; to authorize certain non-profits to bring civil actions for a landlord’s failure to file a buyout agreement with the Rent Board; and amending the Subdivision Code to prohibit buildings from entering the condominium conversion lottery if the owners of the building have entered certain tenant buyout agreements. Supervisor Campos, seconded by Supervisor Kim, moved that this Ordinance be AMENDED on Page 7, Line 12, by changing ‘52’ to ‘59’. The motion carried by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Noes: None

PASSED ON FIRST READING AS AMENDED by the following vote:

Ayes: Avalos, Campos, Chiu, Cohen, Kim, Mar, Yee

Noes: Breed, Farrell, Tang, Wiener

140979 [Park Code - Flexible Pricing at Gleneagles Golf Course; Lease Amendment - Gleneagles Golf Partners, LP - Operation of Gleneagles Golf Course - Percentage of Gross Revenues] Sponsor: Cohen Ordinance amending the Park Code to authorize flexible pricing at Gleneagles Golf Course in McLaren Park; approving the amendment and extension of a lease with Gleneagles Golf Partners, LP, for operation of the Gleneagles Golf Course commencing on the effective date of this Ordinance and ending November 30, 2022, for 7% of gross revenues, subject to conditions, incentives, participation rent, and rent credits; and affirming the Planning Department’s determination under the California Environmental Quality Act. PASSED, ON FIRST READING by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Noes: None

140759 [Mental Health Services Act 2014-2017 Integrated Plan] Resolution adopting the Mental Health Services Act 2014-2017 Integrated Plan. (Public Health Department) Resolution No. 390-14 ADOPTED by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Noes: None

140848 [Grant Agreement Modifications - Institute on Aging - Not to Exceed $38,993,299] Sponsor: Mar Resolution approving the grant agreements between the City and County of San Francisco and the non-profit Institute on Aging to provide Adult Day Health/Adult Day Care, Alzheimer’s Day Care Resource Center, Case Management, Center for Elderly Suicide Prevention, Citywide Information and Assistance Supervisor, Clinical Supervision Collaborative, Community Living Fund, Elder Abuse Prevention, Forensic Center, Linkages, and Young Adults with Disabilities Home-Delivered Meals Assessment services to seniors and adults with disabilities during the period of July 1, 2010, to June 30, 2019, for a total not to exceed the amount of $38,993,299. (Fiscal Impact) Supervisor Mar requested to be added as the sponsor. Resolution No. 391-14 ADOPTED by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Noes: None

140907 [Annual Performance Contract Renewal - California Department of Health Care Services - Mental Health Services] Resolution retroactively approving Performance Contract No. 14-90344 between Community Behavioral Health Services and the Department of Health Care Services, incorporating the Mental Health Services Act, Projects for Assistance in Transition from Homelessness, the Mental Health Plan, and Community Mental Health Services Grant for the period of July 1, 2014, through June 30, 2015. (Public Health Department) (Fiscal Impact) Resolution No. 392-14 ADOPTED by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Noes: None

140920 [Lease Disposition and Development Agreement and Lease and Access License - Geneva Office Building and Powerhouse Rehabilitation - Cameron Beach Rail Yard] Sponsors: Avalos; Farrell and Mar Resolution approving and authorizing a Lease Disposition and Development Agreement and 55-year Lease and Access License to the Friends of the Geneva Office Building and Powerhouse for the rehabilitation and use of the Geneva Office Building and Powerhouse for Cameron Beach Rail Yard; affirming a community plan exemption determination by the Planning Department and adopting findings pursuant to the California Environmental Quality Act; authorizing the San Francisco Municipal Transportation Agency Director of Transportation, or designee, to execute and make certain modifications to the Access License; and authorizing the General Manager of the Recreation and Park Department, or designee, to execute certain documents, make certain modifications, and take certain actions in furtherance of this Resolution. (Fiscal Impact) Supervisor Mar requested to be added as a co-sponsor. Resolution No. 393-14 ADOPTED by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Noes: None

141025 [Apply for Grant - Continuum of Care Program - Not to Exceed $27,000,000] Sponsor: Mayor Resolution approving the 2014 Grant Application for the United States Department of Housing and Urban Development Continuum of Care Program with an amount not to exceed $27,000,000; and fulfilling the Board of Supervisors review and approval process for all annual or otherwise recurring grants of $5,000,000 or more. Resolution No. 394-14 ADOPTED by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Noes: None

140247 [Follow-Up Board Response - Civil Grand Jury Report - Deja Vu All Over Again: San Francisco’s City Technology Needs a Culture Shock] Sponsor: Mar Motion responding to the Civil Grand Jury request to provide a status update on the Board of Supervisors’ response to Recommendation No. 13 contained in the 2011-2012 Civil Grand Jury Report, entitled “Deja Vu All Over Again: San Francisco’s City Technology Needs a Culture Shock;” and urging the Mayor to cause implementation of accepted findings and recommendations through his/her department heads and through the development of the annual budget. Supervisor Mar requested to be added as the sponsor. Motion No. M14-172 APPROVED by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Noes: None

130412 [Public Works Code - Installation of Communications Infrastructure in Excavation Projects] Sponsors: Chiu; Wiener, Cohen and Mar Ordinance amending the Public Works Code to require the installation of City-owned communications infrastructure in excavation projects where the City has determined that it is both financially feasible and consistent with the City’s long-term goals to develop the City’s communications infrastructure. Supervisor Mar requested to be added as a co-sponsor. PASSED, ON FIRST READING by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Noes: None

140804 [Planning Code - Arcades in the Haight Street Neighborhood Commercial District] Sponsors: Breed; Wiener and Kim Ordinance amending the Planning Code to permit arcades in the Haight Street Neighborhood Commercial 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. PASSED, ON FIRST READING by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Noes: None

140806 [Health, Building Codes - Ventilation Requirement for Urban Infill Development and Establishing Fees] Sponsors: Cohen; Kim and Mar Ordinance amending the Health Code, Article 38, to require an enhanced ventilation system for sensitive use projects within the Air Pollutant Exposure Zone and establishing document review fees; amending the Building Code to correspond to the Health Code changes; making environmental findings, and findings under the California Health and Safety Code; and directing the Clerk of the Board of Supervisors to forward this Ordinance to the California Building Standards Commission upon final passage. Supervisor Mar requested to be added as a co-sponsor. PASSED, ON FIRST READING by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Noes: None

140306 [Health Code - Extending Involuntary Psychiatric Holds] Ordinance amending the Health Code to authorize the use of an additional 30-day involuntary psychiatric hold, as permitted under California Welfare and Institutions Code, Sections 5270.10-5270.65, and making a finding that this authorization will not result in increased costs to the City or in the reduction of current services. (Human Services Agency) Supervisor Farrell, seconded by Supervisor Mar, moved that this Ordinance be AMENDED on Page 1, Line 12, by adding ‘to’ before ‘Article 41’, and ‘a Division I’ after ‘Article 41’; and Line 15, by adding ‘DIVISION I: PSYCHIATRIC HOLDS’. The motion carried by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Noes: None

PASSED ON FIRST READING AS AMENDED by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Noes: None

140881 [2014 Hazard Mitigation Plan] Sponsor: Mayor Resolution adopting the 2014 City and County of San Francisco Hazard Mitigation Plan. Resolution No. 395-14 ADOPTED by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Noes: None

140990 [Appointments, Sunshine Ordinance Task Force - Pixie (Rishi) Chopra and Fiona Hinze] Motion appointing Pixie (Rishi) Chopra (residency requirement waived) and Fiona Hinze, terms ending April 27, 2015, to the Sunshine Ordinance Task Force. (Rules Committee) Motion No. M14-173 APPROVED by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Noes: None

140991 [Appointments, Reentry Council - Joseph Calderon, Dominique Rosa Leslie, Ernest Kirkwood, and Kimberli Courtney] Motion appointing Joseph Calderon, Dominique Rosa Leslie, Ernest Kirkwood, and Kimberli Courtney, terms ending June 1, 2016, to the Reentry Council. (Clerk of the Board) Motion No. M14-174 APPROVED by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Noes: None

140993 [Appointments, Citizen's Advisory Committee for the Central Market Street and Tenderloin Area - John Bogacki and Rob Gitin] Motion appointing John Bogacki, term ending August 2, 2015, and Rob Gitin, term ending August 2, 2017, to the Citizen's Advisory Committee for the Central Market Street and Tenderloin Area. (Rules Committee) Motion No. M14-175 APPROVED by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Noes: None

140975 [Confirming Reappointment, Public Utilities Commission - Anson Moran] Sponsor: Mayor Motion confirming the Mayor’s reappointment of Anson Moran to the Public Utilities Commission, term ending August 1, 2018. Motion No. M14-176 APPROVED by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Noes: None

141028 [Closed Session - Anticipated Litigation - Establishing a Homeownership Stabilization Authority] Sponsor: Farrell Motion that the Board of Supervisors convene in closed session on October 21, 2014, for the purpose of conferring with or receiving advice from the City Attorney regarding anticipated litigation relating to the potential negotiation or adoption of a Joint Powers Agreement with the City of Richmond to establish a Homeownership Stabilization Authority to assist homeowners with troubled mortgages, in which the City is a potential defendant; pursuant to California Government Code, Section 54956.9(a), and San Francisco Administrative Code, Section 67.10(d)(2), which permit this closed session because discussion in open session concerning this matter would likely and unavoidably prejudice the position of the City in anticipated litigation. Supervisor Avalos, seconded by Supervisor Farrell, moved that this Motion be AMENDED to change the date from 'October 21, 2014', to 'October 28, 2014'. The motion carried by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Noes: None

Motion that the Board of Supervisors convene in closed session on October 28, 2014, for the purpose of conferring with or receiving advice from the City Attorney regarding anticipated litigation relating to the potential negotiation or adoption of a Joint Powers Agreement with the City of Richmond to establish a Homeownership Stabilization Authority to assist homeowners with troubled mortgages, in which the City is a potential defendant; pursuant to California Government Code, Section 54956.9(a), and San Francisco Administrative Code, Section 67.10(d)(2), which permit this closed session because discussion in open session concerning this matter would likely and unavoidably prejudice the position of the City in anticipated litigation. The President inquired as to whether any member of the public wished to address the Board regarding the proposed continuance to October 28, 2014. There were no speakers. The President declared public comment closed. Supervisor Avalos, seconded by Supervisor Campos, moved that this Motion be CONTINUED AS AMENDED to October 28, 2014. The motion carried by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Noes: None

140709 [Studying a Homeownership Stabilization Authority and Other Approaches to Assist Homeowners with Troubled Mortgages] Sponsors: Avalos; Campos, Mar and Kim Resolution authorizing negotiation of a Joint Powers Agreement with the City of Richmond to establish a Homeownership Stabilization Authority to assist homeowners with troubled mortgages. Supervisor Avalos, seconded by Supervisor Farrell, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE. The motion carried by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Noes: None

City and County of San Francisco Page 744 Printed at 2:13 pm on 12/4/14 Board of Supervisors Meeting Minutes 10/21/2014 Supervisor Avalos, seconded by Supervisor Campos, moved that this Resolution be CONTINUED AS AMENDED to October 28, 2014. The motion carried by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Noes: None

141043 [Ernest “Ernie” Garduno Day - October 15, 2014] Sponsor: Farrell Resolution declaring October 15, 2014, as Ernest “Ernie” Garduno Day in the City and County of San Francisco. Resolution No. 396-14 ADOPTED by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Noes: None

141044 [Free and Safe Passage of Whales and Dolphins in San Francisco’s Coastal Waters] Sponsor: Wiener Resolution supporting the free and safe passage of whales and dolphins in San Francisco’s coastal waters, San Francisco Bay, and its estuaries. Resolution No. 397-14 ADOPTED by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Noes: None