Board of Supervisors Minutes: June 23, 2015

150596 [Appointments, Ballot Simplification Committee - June Fraps, Betty Packard, and Adele Fasick] Motion appointing June Fraps, Betty Packard, and Adele Fasick, terms ending November 30, 2016, to the Ballot Simplification Committee. (Rules Committee) Motion No. M15-100 APPROVED The foregoing items were acted upon by the following vote:

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

150554 [Interim Proposed Budget and Appropriation Ordinance for Departments - FYs 2015-2016 and 2016-2017] Sponsor: Mayor Interim Proposed Budget and Appropriation Ordinance appropriating all estimated receipts and all estimated expenditures for Departments of the City and County of San Francisco as of June 1, 2015, for the FYs ending June 30, 2016, and June 30, 2017. (Fiscal Impact.) Ordinance No. 113-15 FINALLY PASSED by the following vote:

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

150556 [Interim Proposed Annual Salary Ordinance - FYs 2015-2016 and 2016-2017] Sponsor: Mayor Interim Proposed Annual Salary Ordinance enumerating positions in the Annual Budget and Appropriation Ordinance for the FYs ending June 30, 2016, and June 30, 2017, continuing, creating, or establishing these positions; enumerating and including therein all positions created by Charter or State law for which compensations are paid from City and County funds and appropriated in the Annual Appropriation Ordinance; authorizing appointments or continuation of appointments thereto; specifying and fixing the compensations and work schedules thereof; and authorizing appointments to temporary positions and fixing compensations therefore. (Fiscal Impact.) Ordinance No. 114-15 FINALLY PASSED by the following vote:

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

[General Obligation Bond Election - Affordable Housing - Not to Exceed $310,000,000] Sponsors: Mayor; Breed, Christensen, Cohen, Farrell, Tang, Wiener, Avalos, Mar, Campos, Kim and Yee Resolution determining and declaring that the public interest and necessity demand the construction, acquisition, improvement, rehabilitation, preservation, and repair of affordable housing improvements and related costs necessary or convenient for the foregoing purposes, to be financed through bonded indebtedness in an amount not to exceed $300,000,000; authorizing landlords to pass-through 50% of the resulting property tax increase to residential tenants under Administrative Code, Chapter 37; providing for the levy and collection of taxes to pay both principal and interest on such bonds; setting certain procedures and requirements for the election; adopting findings under the California Environmental Quality Act; and finding that the proposed bond is in conformity with the General Plan, and with the eight priority policies of Planning Code, Section 101.1(b). Supervisor Mar, seconded by Supervisor Yee, moved that this Resolution be CONTINUED to July 7, 2015. The motion carried by the following vote:

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

150492 [General Obligation Bond Election - Affordable Housing - Not to Exceed $350,000,000] Sponsors: Avalos; Campos and Mar Resolution determining and declaring that the public interest and necessity demand the construction, acquisition, improvement, rehabilitation, preservation, and repair of affordable housing improvements and related costs necessary or convenient for the foregoing purposes, to be financed through bonded indebtedness in an amount not to exceed $350,000,000; authorizing landlords to pass-through 50% of the resulting property tax increase to residential tenants under Administrative Code, Chapter 37; providing for the levy and collection of taxes to pay both principal and interest on such bonds; setting certain procedures and requirements for the election; adopting findings under the California Environmental Quality Act; and finding that the proposed bond is in conformity with the General Plan, and with the eight priority policies of Planning Code, Section 101.1(b). Supervisor Mar, seconded by Supervisor Yee, moved that this Resolution be CONTINUED to July 7, 2015. The motion carried by the following vote:

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

order, and allow for performance and payment bonds to incrementally increase throughout the term of the contracts for Job Order Contracts and as-needed contracts; 5) authorize execution of master as-needed construction contracts; 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) Ordinance No. 108-15 FINALLY PASSED by the following vote:

Ayes: Breed, Christensen, Cohen, Farrell, Kim, Tang, Wiener, Yee

Noes: Avalos, Campos, Mar

150350 [Health, Public Works Codes - Mandatory Use of Alternate Water Supplies in New Construction] Sponsors: Wiener; Breed, Avalos, Christensen, Cohen, Kim and Mar Ordinance amending Health Code, Article 12C, to require that new buildings of 250,000 square feet or more of gross floor area be constructed, operated, and maintained using available alternate water sources for toilet and urinal flushing and irrigation; that new buildings of 40,000 square feet or more of gross floor area prepare water budget calculations; and that subdivision approval requirements include compliance with Article 12C; amending the Public Works Code to provide that pipelines and other facilities constructed in accordance with Article 12C and located in public rights-of-way are subject to approval as minor encroachments and exempt from payment of public right-of-way occupancy assessment fees; and affirming the Planning Department’s determination under the California Environmental Quality Act. Ordinance No. 109-15 FINALLY PASSED by the following vote:

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

150156 [Administrative Code - Daily Calendars of Elected Officials and Department Heads] Sponsors: Avalos; Mar and Campos Ordinance amending the Administrative Code to require that all City elected officials keep public daily calendars of their meetings and events, and to require that calendars kept by elected officials and department heads include information about the identities of people attending meetings or events. Supervisor Avalos, seconded by Supervisor Campos, moved that this Ordinance be AMENDED on Page 3, beginning on Line 9, by adding '; or to meetings or events where all attendees are employees or officers in the official's City department, which for members of the Board of Supervisors shall mean that all attendees are members of the Board of Supervisors, legislative aides, or employees of the Office of the Clerk of the Board'. The motion carried by the following vote:

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

PASSED ON FIRST READING AS AMENDED by the following vote:

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

150491 [Appropriation - Hetch Hetchy Power Enterprise’s Fund Balance to Implement the Community Choice Aggregation Program - $4,000,000 - FY2014-2015] Sponsors: Mayor; Breed, Avalos, Christensen and Mar Ordinance appropriating $4,000,000 from the FY2014-2015 Hetch Hetchy Power Enterprise’s fund balance to provide short-term working capital needed for the initial start-up of the Community Choice Aggregation Program. (Fiscal Impact) PASSED, ON FIRST READING by the following vote:

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

140950 [Environment, Administrative Codes - Healthy Air and Clean Transportation Program] Sponsors: Farrell; Avalos, Kim, Mar and Campos Ordinance amending the Environment and Administrative Codes to transfer the fleet management and vehicle selection elements of the Healthy Air and Clean Transportation Program from the Department of the Environment to the City Administrator, replace mandatory fleet reduction requirements with policies to optimize the size and use of the City’s vehicle fleet, use technology to promote the safe and environmentally-friendly use of vehicles, and reduce average per-mile greenhouse gas emissions from City fleet vehicles, authorize master contracts for City use of car-sharing services; and make other technical and conforming changes; and affirming the Planning Department’s determination under the California Environmental Quality Act. 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

ode - Formula Retail Employee Rights] Sponsors: Farrell; Mar Ordinance amending Articles 33F and 33G of the Police Code, which contain the formula retail employee rights ordinances: 1) to change from 20 to 40 the number of retail sales establishments worldwide a business must have to be covered by the ordinances; 2) to allow collective bargaining agreements covering employees of formula retail establishments or employees of property service contractors to waive the protections of Articles 33F and 33G; 3) to provide employees scheduled to work on-call shifts with predictability pay if the employer modifies the scheduling of that shift with less than seven days notice; 4) to allow the Office of Labor Standards Enforcement to issue warnings and notices to correct to employers who have violated Articles 33F and 33G; 5) to provide part-time employees with three days to accept any additional hours offered to them by their employers; and 6) to allow employers to notify employees of the offer of additional hours by posting a notice in a conspicuous location in the workplace. Supervisor Breed duplicated the file. See File No. 150678. DUPLICATED PASSED ON FIRST READING by the following vote:

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

Code, which contain the formula retail employee rights ordinances: 1) to change from 20 to 40 the number of retail sales establishments worldwide a business must have to be covered by the ordinances; 2) to allow collective bargaining agreements covering employees of formula retail establishments or employees of property service contractors to waive the protections of Articles 33F and 33G; 3) to provide employees scheduled to work on-call shifts with predictability pay if the employer modifies the scheduling of that shift with less than seven days notice; 4) to allow the Office of Labor Standards Enforcement to issue warnings and notices to correct to employers who have violated Articles 33F and 33G; 5) to provide part-time employees with three days to accept any additional hours offered to them by their employers; and 6) to allow employers to notify employees of the offer of additional hours by posting a notice in a conspicuous location in the workplace. Duplicated from File No. 150269 by Supervisor Breed. Supervisor Breed, seconded by Supervisor Christensen, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE. The motion FAILED by the following vote:

Ayes: Breed, Christensen, Farrell, Tang

Noes: Avalos, Campos, Cohen, Kim, Mar, Wiener, Yee

Supervisor Breed, seconded by Supervisor Tang, moved that this Ordinance be RE-REFERRED to the Budget and Finance Committee. The motion carried by the following vote:

Ayes: Breed, Christensen, Cohen, Farrell, Tang, Wiener, Yee

Noes: Avalos, Campos, Kim, Mar

150221 [Planning, Public Works Codes - Street Trees and Adoption of Associated Fees] Sponsors: Wiener; Christensen Ordinance amending the Planning and Public Works Codes to shift the authority to require street trees in the case of certain types of development projects from the Planning Department to Public Works; to require a permit to perform major maintenance on street trees within a specified distance of general advertising signs, adopt a fee for such permit, and impose penalties for violations; to require a tree protection plan in advance of construction and adopt a fee for review and approval of the plan; to give specified Public Works staff enforcement authority; and affirming the Planning Department’s determination under the California Environmental Quality Act, and making other findings including 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, Christensen, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

150532 [Interim Zoning Controls - Conditional Use Requirement for Residential Mergers] Sponsor: Avalos Resolution imposing interim zoning controls to require conditional use authorization for any residential merger, including mergers of existing units; and making environmental findings, including findings of consistency with the eight priority policies of Planning Code, Section 101.1. Angela Calvillo, Clerk of the Board, informed the Board of Supervisors that the title reflected on the agenda for this matter was incorrect, whereby 'both illegal and legal' were stricken from said title. Further indicating that the matter was amended, an amendment of the whole bearing new title, in the Land Use and Transportation Committee of June 15, 2015, and that the title reflected on the attached legislation was correct and after consultation with Jon Givner, Deputy City Attorney, that the error on the agenda title reduces the scope thereby this matter may be considered by the Board of Supervisors at today's meeting. Resolution No. 247-15 ADOPTED by the following vote:

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

150628 [Establishing a Population-Based Police Staffing Policy] Sponsors: Wiener; Cohen and Farrell Resolution establishing a Board of Supervisors policy that police staffing levels be adjusted to account for population and neighborhood growth. Supervisor Campos, seconded by Supervisor Avalos, moved that this Resolution be RE-REFERRED to the Land Use and Transportation Committee. The motion FAILED by the following vote:

Ayes: Avalos, Campos, Kim, Mar, Yee

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

Supervisor Breed, seconded by Supervisor Wiener, moved an amendment of the whole bearing same title which, pursuant to the Precedence of Motions, yields to a motion to re-refer to Committee. Supervisor Avalos, seconded by Supervisor Campos, moved that this Resolution be RE-REFERRED to the Land Use and Transportation Committee. The motion FAILED by the following vote:

Ayes: Avalos, Campos, Kim, Mar, Yee

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

rough 7, by striking 'WHEREAS, San Francisco's police staffing goals should reflect its current and future needs, not the needs of the city from 20 years ago; and'; beginning on Line 16, by adding 'WHEREAS, The 15 peer cities studied in the Controller's report average 271 police officers per 100,000 residents; and'; on Page 3, beginning on Line 18, by adding 'FURTHER RESOLVED, The Board acknowledges the recently-reinstated SFPD Cadet Academy, in which local high school graduates aged 18-21 work alongside officers to gain job skills and build positive relationships, and urges the Chief of Police to prioritize Cadet Academy participants and graduates for departmental hiring; and be it'; beginning on Line 22, 'FURTHER RESOLVED, The Board supports extensive anti-bias training and urges the Chief of Police to provide it for all new and current officers; and be it'; beginning on Line 25, by adding 'look at other strategies such as increasing civilianization in the Police Department and other public safety programs and resources in the San Francisco Sheriff's Department that could be augmented to support our City's public safety needs; and be it'. The motion carried by the following vote:

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

Supervisor Breed, seconded by Supervisor Wiener, moved that this Resolution be AMENDED on Page 2, beginning on Line 18, by adding 'WHEREAS, In order to meet that average level of police service, San Francisco would need 2,279 officers; and'; beginning on Line 20, by adding 'WHEREAS, San Francisco's police staffing goals should reflect its current and future needs, not the needs of the city from 20 years ago; and'; on Page 3, Line 24, by adding 'FURTHER RESOLVED, In addition to increasing police staffing levels, the Board will'. The motion carried by the following vote:

Ayes: Breed, Christensen, Cohen, Farrell, Tang, Wiener, Yee

Noes: Avalos, Campos, Kim, Mar

Supervisor Avalos duplicated the file as amended. See File No. 150679. DUPLICATED AS AMENDED Resolution No. 248-15 ADOPTED AS AMENDED by the following vote:

Ayes: Breed, Christensen, Cohen, Farrell, Tang, Wiener

Noes: Avalos, Campos, Kim, Mar, Yee

150679 [Establishing a Population-Based Police Staffing Policy] Sponsors: Wiener; Cohen and Farrell Resolution establishing a Board of Supervisors policy that police staffing levels be adjusted to account for population and neighborhood growth. Duplicated as Amended from File No. 150628 by Supervisor Avalos. Supervisor Avalos, seconded by Supervisor Campos, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE. The motion FAILED by the following vote:

Ayes: Avalos, Campos, Kim, Mar, Yee

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

Supervisor Avalos, seconded by Supervisor Campos, moved that this Resolution be RE-REFERRED to the Public Safety and Neighborhood Services Committee. The motion FAILED by the following vote:

Ayes: Avalos, Campos, Kim, Mar, Yee

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

150436 [Administrative Code - Establishing Cannabis State Legalization Task Force] Sponsors: Wiener; Kim and Mar Ordinance amending the Administrative Code to establish the Cannabis State Legalization Task Force to advise the Board of Supervisors, the Mayor, and City departments regarding the local impacts of possible state legislation legalizing adult use of cannabis; and setting forth the membership and duties of the Task Force. Supervisor Wiener, seconded by Supervisor Kim, moved that this Ordinance be AMENDED on Page 3, Line 18, by adding 'and has at least two years of cannabis advocacy experience,'; Lines 20 and 21, by adding 'and has at least two years of cannabis legalization advocacy experience,'. The motion carried by the following vote:

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

PASSED ON FIRST READING AS AMENDED by the following vote:

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

150475 [Appointments, Children, Youth and Their Families Oversight and Advisory Committee - Mia "Tu Mutch" Satya, Maria Waters, Anwar Mojammel, and Rob Gitin] Motion appointing Mia "Tu Mutch" Satya, Maria Waters, Anwar Mojammel, Alyson Lee-Suzuki (residency requirement waived), and Rob Gitin, terms yet to be determined, to the Children, Youth and Their Families Oversight and Advisory Committee. (Rules Committee) Supervisor Avalos informed the Board that Seat 10 was being stricken out of the legislation and reassigned back to the Rules Committee for further consideration due to the nominee not meeting the criteria for seat qualification. Supervisor Avalos, seconded by Supervisor Mar, moved that this Motion be AMENDED by striking all reference to Seat 10, Alyson Lee-Suzuku, associated waiver of residency requirement, and reassigned Seat 10 to the Rules Committee for further consideration. The motion carried by the following vote:

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

Motion appointing Mia "Tu Mutch" Satya, Maria Waters, Anwar Mojammel, and Rob Gitin, terms yet to be determined, to the Children, Youth and Their Families Oversight and Advisory Committee. (Rules Committee) Motion No. M15-101 APPROVED AS AMENDED by the following vote:

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

150552 [Report of Assessment Costs for Blighted Properties - Accelerated Sidewalk Abatement Program] Resolution approving report of assessment costs submitted by the Director of Public Works for inspection and/or repair of blighted properties ordered through the Accelerated Sidewalk Abatement Program to be performed by said Director pursuant to Administrative Code, Chapter 80, the costs thereof having been paid for out of a blight abatement fund. (Public Works) Robert Quan (Public Works) responded to questions raised throughout the discussion and indicated that the following addresses be removed from the accompanying report due to recent resolution or receipt of payment: 103 Walbridge Street; 3527 California Street; 3050 23rd Avenue; 901 Geary Street; 2538 15th Avenue; 1198 South Van Ness Avenue; 635 Fulton Street. The amendments to the accompanying report, as provided by the Department of Public Works, included in File No. 150552, were received without objection. Resolution No. 246-15 ADOPTED, after accepting the amendments to the accompanying report, by the following vote:

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

150619 [Official Advertising - San Francisco Print Media Co., commonly known as The Examiner, and The San Francisco Chronicle - FY2015-2016] Resolution designating San Francisco Print Media Co., commonly known as The Examiner, to be the official newspaper of the City and County of San Francisco for all official advertising for FY2015-2016. (Office of Contract Administration) Resolution No. 244-15 ADOPTED by the following vote:

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

150620 [Outreach Advertising and Neighborhood Outreach Advertising - FY2015-2016] Resolution designating Small Business Exchange to be the outreach newspaper of the City and County of San Francisco for the African American community; Bay Area Reporter to be the outreach newspaper of the City and County of San Francisco for the Lesbian, Gay, Bisexual, and Transgender community; SF Weekly to be the outreach newspaper of the City and County of San Francisco for the African-American, Chinese, Hispanic and Lesbian, Gay, Bisexual, and Transgender community; Central City Extra to be the neighborhood outreach newspaper of the City and County of San Francisco for the Central City neighborhood; Jasmine Blue Media/Marina Times to be the neighborhood outreach newspaper of the City and County of San Francisco for the Northern San Francisco neighborhood; and Potrero View to be the neighborhood outreach newspaper of the City and County of San Francisco for the Potrero Hill, Dogpatch, Bayview, SOMA, Mission Bay neighborhoods; to provide outreach advertising for FY2015-2016. (Office of Contract Administration) Resolution No. 245-15 ADOPTED by the following vote:

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

150656 [Supporting California State Senate Constitutional Amendment 5 (Mitchell, Hancock) - Property Tax Fairness Amendment] Sponsors: Cohen; Yee, Kim and Avalos Resolution supporting California State Senate Constitutional Amendment 5, authored by Senators Holly Mitchell and Loni Hancock, the Property Tax Fairness amendment, making California’s property tax code fair by assessing commercial and industrial properties at their market value, after a phase-in period. Supervisors Yee, Kim, and Avalos requested to be added as co-sponsors. Resolution No. 250-15 ADOPTED The foregoing items were acted upon by the following vote:

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

150657 [Supporting California State Senate Bill 411 (Lara) - The Right to Record Bill] Sponsors: Cohen; Kim Resolution supporting California State Senate Bill 411, The Right to Record Bill, authored by Senator Ricardo Lara which states that anyone making an audio or video recording of a police or peace officer in a public place that the individual has a right to be in is not breaking the law. Resolution No. 251-15 ADOPTED by the following vote:

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

150621 [Final Map 8005 - 135 Buena Vista Avenue West] Motion approving Final Map 8005, a five residential unit Condominium Project, located at 135 Buena Vista Avenue West, being a subdivision of Assessor’s Block No. 1258, Lot No. 019, and adopting findings pursuant to the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Public Works) Motion No. M15-102 APPROVED by the following vote:

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