Board of Supervisors Minutes: June 2, 2015

150453 [Appointment, Citizen's Advisory Committee for the Central Market Street and Tenderloin Area - Sam (Sarah) Dennison] Motion appointing Sam (Sarah) Dennison, term ending August 2, 2017, to the Citizen's Advisory Committee for the Central Market Street and Tenderloin Area. (Rules Committee) Motion No. M15-093 APPROVED The foregoing items were acted upon by the following vote:

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

150409 [Appropriation - Wastewater Enterprise General Reserve for Claims Settlements and Related Expenses as a Result of December 2014 Storms - $1,750,000 - FY2014-2015] Sponsor: Mayor Ordinance appropriating $1,750,000 from Wastewater Enterprise designated for general reserve in the Public Utilities Commission Wastewater Enterprise Department budget to pay the claims settlements, legal expenses, and related costs due to the extraordinary expenses incurred as a result of the December 2014 storms in FY2014-2015. (Fiscal Impact) Ordinance No. 083-15 FINALLY PASSED by the following vote:

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

150017 [Planning Code - Castro Street Neighborhood Commercial District, 24th Street - Noe Valley Neighborhood Commercial District, Upper Market Street Neighborhood Commercial Transit District, and Parcels Zoned Neighborhood Commercial Transit on Market Street] Sponsor: Wiener Ordinance amending the Planning Code to require that certain uses obtain Conditional Use authorization in the Castro Street Neighborhood Commercial District, the 24th Street - Noe Valley Neighborhood Commercial District, the Upper Market Neighborhood Commercial Transit District, and in the Moderate-Scale Neighborhood Commercial Transit (NCT-3) District for parcels on Market Street west of Octavia Boulevard; 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. Ordinance No. 076-15 FINALLY PASSED by the following vote:

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

150148 [Planning Code - Designation of 149-155 9th Street (aka the Western Manufacturing Company Building)] Ordinance amending the Planning Code to change the designation of 149-155 9th Street (aka the Western Manufacturing Company Building), Assessor’s Block No. 3728, Lot No. 048, from Category V (Unrated) to Category III (Contributory) under Planning Code, Article 11; and making environmental findings, and findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Historic Preservation Commission) Ordinance No. 077-15 FINALLY PASSED by the following vote:

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

150296 [Waiver of Banner Fee - Lawton Alternative School] Sponsor: Tang Ordinance waiving the banner fees under Public Works Code, Section 184.78, for up to four banners to be placed by the Lawton Alternative School to publicize the school’s selection as a California Distinguished School. Ordinance No. 078-15 FINALLY PASSED by the following vote:

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

150457 [Appropriation and De-Appropriation - Development Impact Fee Revenue and Expenditures - Municipal Transportation Agency - $16,719,000 and $800,000 Respectively - FY2015-2016] Sponsors: Mayor; Farrell Ordinance appropriating $16,719,000 and de-appropriating $800,000 of Development Impact Fee revenue and expenditures to the Municipal Transportation Agency, amending estimated receipts and estimated expenditures in FY2015-2016, and placing $2,000,000 on Budget and Finance Committee reserve pending selection of specific projects and submission of budget details to the Budget and Finance Committee. (Fiscal Impact) PASSED, ON FIRST READING by the following vote:

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

150458 [Appropriation - Municipal Transportation Agency - $32,220,000 - FY2015-2016] Sponsors: Mayor; Farrell Ordinance appropriating $32,220,000 to the Municipal Transportation Agency, amending estimated receipts and estimated expenditures in FY2015-2016. (Fiscal Impact; No Budget and Legislative Analyst Report.) PASSED, ON FIRST READING by the following vote:

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

150459 [Appropriation - General Obligation Bond Proceeds for Transportation and Road Improvement Projects - $67,540,000 - FY2014-2015] Sponsors: Mayor; Tang, Wiener and Farrell Ordinance appropriating $67,540,000 of the 2015B Series Transportation and Road Improvement General Obligation Bond proceeds in FY2014-2015, including $8,698,132 to the Department of Public Works for Better Market Street Projects and $58,841,868 to the Municipal Transportation Agency for Muni Forward Rapid Network Improvement Projects, Pedestrian Safety Improvement Projects, and the Caltrain Communications Based Overlay Signal System Positive Train Control System; adopting findings under the California Environmental Quality Act (CEQA), CEQA Guidelines, and Administrative Code, Chapter 31; and placing these funds on Controller’s Reserve pending the sale of the bonds. (Fiscal Impact) Supervisor Farrell requested to be added as a co-sponsor. PASSED, ON FIRST READING by the following vote:

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

150372 [Accept and Expend Gift - Friends of the San Francisco Public Library - The Mix at SFPL - Up to $480,000] Sponsors: Christensen; Mar and Farrell Resolution authorizing the Public Library to accept and expend a gift in the amount of up to $480,000 of in-kind gifts and cash monies from the Friends of the San Francisco Public Library for direct support for The Mix at SFPL, the new Teen Digital Media Center. Supervisor Farrell requested to be added as a co-sponsor. Resolution No. 203-15 ADOPTED by the following vote:

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

r the appointment of depositories and other agents for said bonds; providing for the establishment of accounts related to said bonds; providing for the manner of sale of said bonds by competitive sale; approving the forms of Official Notice of Sale and Notice of Intention to Sell Bonds; directing the publication of the Notice of Intention to Sell Bonds; approving the form of the Preliminary Official Statement and the form and execution of the Official Statement relating to the sale of said bonds; approving the form of the Continuing Disclosure Certificate; authorizing and approving modifications to documents, as defined herein; waiving the deadline for submission of Bond Accountability Reports; adopting findings under the California Environmental Quality Act (CEQA), CEQA Guidelines and Chapter 31 of the Administrative Code; ratifying certain actions previously taken as defined herein; and granting general authority to City officials to take necessary actions in connection with the authorization, issuance, sale, and delivery of said bonds, as defined herein. (Fiscal Impact) Supervisor Farrell requested to be added as a co-sponsor. Resolution No. 192-15 ADOPTED by the following vote:

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

150467 [Issuance of General Obligation Bonds - Transportation and Road Improvement Bonds - Not to Exceed $500,000,000] Sponsors: Mayor; Tang, Wiener and Farrell Resolution providing for the issuance of not to exceed $500,000,000 aggregate principal amount of City and County of San Francisco General Obligation Bonds (Transportation and Road Improvement Bonds, 2014); authorizing the execution, authentication, and registration of said bonds; providing for the levy of a tax to pay the principal and interest thereof; providing for the appointment of depositories and other agents for said bonds; providing for the establishment of accounts related thereto; ratifying certain actions previously taken, as defined herein; and granting general authority to City officials to take necessary actions in connection with the authorization, issuance, sale, and delivery of said bonds, as defined herein. (Fiscal Impact) Supervisor Farrell requested to be added as a co-sponsor. Resolution No. 193-15 ADOPTED by the following vote:

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

150184 [Health Code - Increase in Patient Rates for Certain Mental Health Services] Ordinance retroactively amending the Health Code to increase patient rates charged for certain mental health services delivered from July 1, 2014, through June 30, 2016. (Public Health Department) PASSED, ON FIRST READING by the following vote:

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

150362 [Amending Ordinance No. 107-14 - Wastewater Revenue Bond Issuance and Sale - Public Utilities Commission - Not to Exceed $819,035,941] Sponsors: Mayor, Tang and Farrell Ordinance amending Ordinance No. 107-14, to include, in addition to revenue bonds, the execution and delivery of State of California State Water Resources Control Board Installment Sales Agreements for State Revolving Loans by the San Francisco Public Utilities Commission in an aggregate principal amount not to exceed an amount previously authorized of $819,035,941 to finance the costs of various projects benefitting the Wastewater Enterprise pursuant to the Charter, including Proposition E, an amendment to the Charter enacted by the voters on November 5, 2002; and ratifying previous actions taken in connection therewith. PASSED, ON FIRST READING by the following vote:

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

150462 [Public Works Code - Waiver of Street Space Fee for Small Business Week Sidewalk Sales] Sponsor: Farrell Ordinance retroactively waiving the fee required by Public Works Code, Section 724.1(b), for temporary street space occupancy permit on certain designated City streets on Saturday, May 16, 2015, and Saturday, May 23, 2015, as part of Small Business Week Sidewalk Sales. PASSED, ON FIRST READING by the following vote:

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

150108 [Agreement - Hewlett Packard Enterprise Services, LLC - County CalWIN Consortium - $82,571,463] Resolution requesting continued membership in the 18 County CalWIN Consortium and the renewal of the Hewlett Packard Enterprise Services, LLC, contract with the Consortium as a result of the new procurement of the Hewlett Packard contract by the State of California, and retroactively authorizing the Director of the Human Services Agency to expand the expenditure authority from $53,019,909 for an additional amount of $29,551,554 the project budget including this extension is totaling to $82,571,463 from February 1, 2015, through January 31, 2025. (Human Services Agency) (Fiscal Impact) Resolution No. 200-15 ADOPTED by the following vote:

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

150333 [Accept and Expend Grant - CalHome Program - $925,000] Sponsor: Mayor Resolution authorizing the Mayor’s Office of Housing and Community Development to accept and expend the CalHome Program grant from the California Department of Housing and Community Development to expend program income from associated loan repayments to assist low-income first-time homebuyers and low-income homeowners in a total amount of $925,000 for the period following Board approval through September 24, 2017. Resolution No. 201-15 ADOPTED by the following vote:

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

150354 [Cost-Sharing Agreement - Pacific Gas and Electric Company - Dredging and Harbor Reconstruction - Gas House Cove - Not to Exceed $10,000,000] Sponsor: Farrell Resolution retroactively approving a cost-sharing agreement not to exceed $10,000,000 between the City and County of San Francisco and the Pacific Gas and Electric Company for environmental analysis, planning, design, and permitting for dredging and harbor reconstruction in Gas House Cove for the term of October 14, 2014, through October 14, 2024. Privilege of the floor was granted unanimously to Jon Givner (Office of the City Attorney) who responded to questions raised throughout the discussion. Resolution No. 202-15 ADOPTED by the following vote:

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

150468 [Refunding Certificates of Participation, Series 2015-R1 - City Office Buildings - Multiple Properties Project - Not to Exceed $188,700,000] Sponsors: Mayor; Farrell Resolution approving the form of an Official Statement in preliminary and final form; approving the form of a Continuing Disclosure Certificate; authorizing City officials to take necessary actions in connection with the authorization, sale execution, and delivery of the Refunding Certificates of Participation Series 2015-R1 (City Office Buildings - Multiple Properties Project), in an amount not to exceed $188,700,000, as defined herein; and ratifying previous actions taken in connection therewith, as defined herein. Supervisor Farrell requested to be added as a co-sponsor. Resolution No. 194-15 ADOPTED by the following vote:

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

150469 [Certificates of Participation - War Memorial Veterans Building Seismic Upgrade and Improvements - Official Statement] Sponsors: Mayor; Farrell Resolution approving the form of and authorizing the distribution of a preliminary official statement relating to the execution and delivery of City and County of San Francisco Certificates of Participation for the War Memorial Veterans Building Seismic Upgrade and Improvements and authorizing the preparation, execution, and delivery of a final official statement; ratifying the approvals and terms and conditions of a previous Ordinance, as defined herein; and related matters. Supervisor Farrell requested to be added as a co-sponsor. Resolution No. 195-15 ADOPTED by the following vote:

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

150470 [General Obligation Bonds - Amending Resolution No. 284-14 - Seismic Safety Loan Program - Not to Exceed $24,000,000] Sponsors: Mayor; Cohen and Farrell Resolution amending and supplementing Resolution No. 284-14 to authorize the sale of not to exceed $24,000,000 aggregate principal amount of City and County of San Francisco Taxable General Obligation Bonds (Seismic Safety Loan Program, 1992), Series 2014C, by private placement to the financial institution identified herein, to authorize the execution of a Declaration of Trust and a Continuing Covenant Agreement in connection therewith and authorizing and approving modifications to said documents, as defined herein; ratifying certain actions previously taken, as defined herein; and granting general authority to City officials to take necessary actions in connection with the authorization, issuance, sale, and delivery of said bonds, as defined herein. Supervisor Farrell requested to be added as a co-sponsor. Resolution No. 196-15 ADOPTED by the following vote:

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

150471 [Urging the Mayor to Form an Interagency Working Group to Create an Eviction Early Warning System] Sponsor: Christensen Resolution urging Mayor Lee to form an interagency working group with participation from the Mayor’s Office of Housing and Community Development, the Rent Board, and in coordination with the Board of Supervisors, to create an Eviction Early Warning System. Resolution No. 207-15 ADOPTED by the following vote:

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

cts and master as-needed inspection, maintenance and repair contracts of equipment and systems on an if-and-as-needed basis; 6) increase the limit of the amount of a task order from $400,000 to $600,000 by linking it to the Threshold Amount in master as-needed contracts on an if-and-as-needed basis for services that the Department of Public Health and the Division of Real Estate are authorized to procure; 7) provide greater flexibility and clarify requirements for the design-build and construction manager/general contractor project delivery methods; 8) authorize the Director of Transportation to procure rail grinding and related services through a negotiated project delivery method; 9) allow departments to advertise bids on a public website and/or in a local newspaper or periodical; 10) add procedure upon rejection or failure of professional services proposals and upon professional services contractor’s failure to deliver; and 11) make various other changes and clarifications in Chapter 6. (Public Works) (Fiscal Impact) Supervisor Wiener, seconded by Supervisor Campos, moved that this Ordinance be CONTINUED ON FIRST READING to June 9, 2015. The motion carried by the following vote:

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

150423 [Settlement of Unlitigated Claim - Association of Bay Area Governments and ABAG Financing Authority for Nonprofit Corporations - City to Receive $1,296,340.66 Plus Interest and Other Costs] Resolution approving the settlement of the unlitigated claim in favor of the City against the Association of Bay Area Governments (ABAG) and the ABAG Financing Authority for Nonprofit Corporations for $1,296,340.66 plus interest and other costs; the City’s claim sought recovery following the embezzlement of certain Rincon Hill Community Facilities District bond funds under the jurisdiction of the Mayor’s Office of Housing and Community Development. (City Attorney) As a matter of public disclosure, Alisa Somera, Acting Legislative Deputy, informed the Board of Supervisors that Supervisors Christensen, Kim, and Mar are Board Members of the Association of Bay Area Governments, but they have no conflict of interest on this matter. Resolution No. 204-15 ADOPTED by the following vote:

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

150499 [Resolution of Intention - Renew and Expand Yerba Buena Community Benefit District] Sponsor: Kim Resolution declaring the intention of the Board of Supervisors to renew and expand a property-based business improvement district (community benefit district) known as the “Yerba Buena Community Benefit District” and levy a multi-year assessment on all parcels in the district; approving the management district plan and engineer’s report and proposed boundaries map for the district; ordering and setting a time and place for a public hearing thereon; approving the form of the Notice of Public Hearing and Assessment Ballot Proceeding, and Assessment Ballot; directing environmental findings; and directing the Clerk of the Board of Supervisors to give notice of the public hearing and balloting as required by law. Resolution No. 197-15 ADOPTED by the following vote:

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

150431 [Administrative Code - Establishing Emergency Interagency Fire Safety Task Force] Sponsors: Campos; Kim and Mar Ordinance amending the Administrative Code to establish an Emergency Interagency Fire Safety Task Force to review and make recommendations to the Board of Supervisors on proposed legislation and suggest other solutions to improve fire safety in multi-unit residential and multi-use buildings. Supervisor Mar requested to be added as a co-sponsor. PASSED, ON FIRST READING by the following vote:

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

150220 [Campaign and Governmental Conduct Code - Disclosure Requirements for Draft Committees] Sponsors: Avalos; Mar and Campos Ordinance amending the Campaign and Governmental Conduct Code, by adding Section 1.160, to impose disclosure requirements on draft committees that support a person for City elective office who has not qualified as a candidate. Supervisor Campos requested to be added as a co-sponsor. PASSED, ON FIRST READING by the following vote:

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

150332 [Administrative Code - Reauthorizing the San Francisco Sentencing Commission] Sponsor: Cohen Ordinance amending the Administrative Code to reauthorize the San Francisco Sentencing Commission and revise its sunset date. PASSED, ON FIRST READING by the following vote:

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

150349 [Health Code - Extending the Food Security Task Force] Sponsors: Mar; Cohen and Farrell Ordinance amending the Health Code to extend the sunset date of the Food Security Task Force by three years. Supervisor Farrell requested to be added as a co-sponsor. PASSED, ON FIRST READING by the following vote:

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

150474 [Appointments, Sunshine Ordinance Task Force - Shaun Haines and Fiona Hinze] Motion appointing Shaun Haines, term ending April 27, 2016, and Fiona Hinze, term ending April 27, 2017, to the Sunshine Ordinance Task Force. (Rules Committee) Motion No. M15-090 APPROVED by the following vote:

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

150476 [Appointments, Commission of Animal Control and Welfare - Davi Lang, Russell Tenofsky, Jane Tobin, and Julene Johnson] Motion appointing Davi Lang, Russell Tenofsky, Jane Tobin, and Julene Johnson, terms ending April 30, 2017, to the Commission of Animal Control and Welfare. (Rules Committee) Motion No. M15-091 APPROVED by the following vote:

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

he moratorium for the issuance of permits for 100% affordable housing projects, and to allow the elimination of PDR uses where necessary to permit 100% affordable housing projects, in a portion of the Mission Area Plan of the General Plan (comprising the area bounded by the north side of Cesar Chavez Street from the east side of Valencia Street to the west side of Potrero Avenue; the west side of Potrero Avenue from the north side of Cesar Chavez Street to the south side of 20th Street; the south side of 20th Street from the west side of Potrero Avenue to the west side of Bryant Street; the west side of Bryant Street from the south side of 20th Street to the south side of U.S. Route 101; the south side of U.S. Route 101 from the west side of Bryant Street to the east side of Valencia Street; the east side of Valencia Street from the south side of U.S. Route 101 to the north side of Cesar Chavez Street); affirming the Planning Department’s determination under the California Environmental Quality Act; and making findings of consistency with the eight priority policies of Planning Code, Section 101.1. A partial vote was taken on the motion that the Urgency Ordinance be FINALLY PASSED:

Ayes: Kim, Mar

Noes: Tang

Supervisor Avalos, seconded by Supervisor Farrell, moved to RESCIND the previous partial vote. The motion carried by the following vote:

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

Privilege of the floor was granted unanimously to AnMarie Rodgers (Planning Department) and Olson Lee, Director (Mayor's Office of Housing and Community Development) who responded to questions raised throughout the discussion. NOT FINALLY PASSED by the following vote:

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

Noes: Christensen, Farrell, Tang, Wiener

150513 [Final Map 8303 - Public Improvement Agreement - 1000 Channel Street (SF) Owner, LLC - Mission Bay Block 1, Phase 2] Motion approving Final Map No. 8303, a 350 residential unit and 2 unit commercial mixed use condominium project within Mission Bay Block 1, Phase 2, Assessor’s Block No. 8715, Lot Nos. 6 and 7; approving a Public Improvement Agreement related to the Final Map with 1000 Channel Street (SF) Owner, LLC; and adopting findings pursuant to the General Plan, the eight priority policies of Planning Code, Section 101.1, and the Mission Bay South Redevelopment Plan, Plan Amendments, and Plan Documents. (Public Works) Motion No. M15-094 APPROVED The foregoing items were acted upon by the following vote:

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

Absent: Christensen

Supervisor Campos, seconded by Supervisor Yee, moved to RESCIND the previous vote. The motion carried by the following vote:

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

The foregoing items were acted upon by the following vote:

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