Board of Supervisors Minutes: November 3, 2015

151053 [Appointments, Park, Recreation and Open Space Advisory Committee - Heather Fuch, Jordyn Aquino, and Toby Levy] Motion appointing Heather Fuch, term ending February 1, 2017, and Jordyn Aquino and Toby Levy, terms ending February 1, 2018, to the Park, Recreation and Open Space Advisory Committee. (Rules Committee) Motion No. M15-162 APPROVED The foregoing items were acted upon by the following vote:

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

150912 [Police Code - Monitoring Requirements for Firearms and Ammunition Transactions] Sponsors: Farrell; Campos Ordinance amending the Police Code to require firearms dealers to install, maintain, and operate video surveillance equipment and to transmit records of all ammunition sales to the Police Department. Supervisor Campos requested to be added as a co-sponsor. Ordinance No. 190-15 FINALLY PASSED by the following vote:

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

150970 [Appropriation and De-Appropriation - $25,692,151 Consisting of $20,819,204.36 in Fund Balance, $665,000 in Cosco Busan Settlement Proceeds and $4,207,946.64 in Surplus Project Expenditures to the Port Commission - FY2015-2016] Sponsors: Mayor; Farrell Ordinance appropriating $25,692,151 consisting of $20,819,204.36 in fund balance, $665,000 in Cosco Busan settlement proceeds, and de-appropriating $4,207,946.64 from surplus capital project expenditures to the Port Commission to support the completion of the Port Commission’s ten year capital plan in FY2015-2016. Ordinance No. 191-15 FINALLY PASSED by the following vote:

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

150971 [De-Appropriation and Appropriation - Bond Issuance Costs from San Francisco Taxable General Obligation Bonds - Seismic Safety Loan Program - $3,461,129 - FY2015-2016] Sponsors: Mayor; Farrell Ordinance de-appropriating and appropriating $3,461,129 of City and County of San Francisco Taxable General Obligation Bonds, Series 2015A, for the Seismic Safety Loan Program in the Mayor’s Office of Housing and Community Development in FY2015-2016. Ordinance No. 192-15 FINALLY PASSED by the following vote:

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

150998 [Memorandum of Understanding - Amendment No. 7 to Firefighters, Local 798, Unit 1] Sponsors: Mayor; Farrell Ordinance adopting and implementing Amendment No. 7 to the 2007-2018 Memorandum of Understanding between the City and County of San Francisco and the Firefighters, Local 798, Unit 1, by implementing specified terms and conditions of employment for FYs 2015-2016, 2016-2017, and 2017-2018. Supervisor Farrell requested to be added as a co-sponsor. Ordinance No. 193-15 FINALLY PASSED by the following vote:

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

150999 [Memorandum of Understanding - Amendment No. 7 to Firefighters, Local 798, Unit 2] Sponsors: Mayor; Farrell Ordinance adopting and implementing Amendment No. 7 to the 2007-2018 Memorandum of Understanding between the City and County of San Francisco and the Firefighters, Local 798, Unit 2, by implementing specified terms and conditions of employment for FYs 2015-2016, 2016-2017, and 2017-2018. Supervisor Farrell requested to be added as a co-sponsor. Ordinance No. 194-15 FINALLY PASSED by the following vote:

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

151002 [Appropriation and De-appropriation - $52,460,000 of General Obligation Bond Proceeds and $1,400,000 of Bond Funded Capital Projects to the Recreation and Park Department and Port Commission - FY2015-2016] Sponsors: Mayor; Farrell and Christensen Ordinance appropriating $8,695,000 of proceeds from 2008 Clean and Safe Neighborhood Parks Bond Fifth Series 2015C and $43,765,000 of proceeds from 2012 Clean and Safe Neighborhood Parks Bond Second Series 2015D to the Recreation and Park Department and Port Commission, and de-appropriating and appropriating $1,400,000 of 2012 Clean and Safe Neighborhood Parks Series 2013A to support the renovation, repair, and construction of parks and open spaces; and placing $52,460,000 on Controller’s Reserve pending the sale of bonds in FY2015-2016. Ordinance No. 195-15 FINALLY PASSED by the following vote:

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

an Services; Southern Nevada Adult Mental Health Services - City to Receive $400,000] Ordinance authorizing settlement of the lawsuit filed by the City and County of San Francisco against State of Nevada, the Nevada Department of Health and Human Services (“DHHS”); Richard Whitley in his official capacity as Director of DHHS; the Southern Nevada Adult Mental Health Services (“SNAMHS”); and Joanne Malay in her official capacity as Hospital Administrator of SNAMHS for $400,000; the lawsuit was filed on September 10, 2013, in San Francisco Superior Court, Case No. CGC-13-534108; entitled City and County of San Francisco v. State of Nevada, the Nevada Department of Health and Human Services (“DHHS”); Richard Whitley in his official capacity as Director of DHHS; the Southern Nevada Adult Mental Health Services (“SNAMHS”); and Joanne Malay in her official capacity as Hospital Administrator of SNAMHS; other material terms of the settlement are contractual obligations limiting Defendants’ practices relating to transfer of patients from Defendants psychiatric hospital to any city or county in the State of California. (City Attorney) Ordinance No. 196-15 FINALLY PASSED by the following vote:

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

150952 [Settlement of Lawsuit - AIG Property Casualty Company - $70,000] Ordinance authorizing settlement of the lawsuit filed by AIG Property Casualty Company against the City and County of San Francisco for $70,000; the lawsuit was filed on December 9, 2014, in San Francisco Superior Court, Case No. CGC-14-543126; entitled AIG Property Casualty Company v. City and County of San Francisco, et al. (City Attorney) Ordinance No. 197-15 FINALLY PASSED by the following vote:

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

150710 [Amending Ordinance No. 1061 - Sidewalk Width Change - Portions of Silver and Revere Avenues] Sponsor: Cohen Ordinance amending Ordinance No. 1061 entitled “Regulating the Width of Sidewalks” to change the official sidewalk width at the westerly corner of the intersection of Silver and Revere Avenues and portions of Revere Avenue; 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. 198-15 FINALLY PASSED by the following vote:

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

150972 [Zoning - Interim Prohibition Extension on Commercial Mergers in the Proposed Calle 24 Special Use District] Sponsors: Mayor; Campos Urgency Ordinance approving an extension of the interim prohibition on commercial storefront mergers of greater than 799 gross square feet in the proposed Calle 24 Special Use District, which generally includes all lots bounded by 22nd Street, Potrero Avenue, Cesar Chavez Street, Capp Street, and both sides of 24th Street from Capp Street to Bartlett Street, as well as certain additional adjacent lots, for 10 months and 15 days in accordance with California Government Code, Sections 65858, et seq.; 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. (Supervisor Wiener dissented in Committee.) Ordinance No. 199-15 FINALLY PASSED by the following vote:

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

Noes: Wiener

150942 [De-Appropriation and Appropriation - Hetch Hetchy Revenue Funded Project and Proceeds from New Clean Renewable Energy Bonds - Hetch Hetchy Small Renewable Project - $4,100,000 - FY2015-2016] Sponsor: Mayor Ordinance de-appropriating $4,100,000 of Hetch Hetchy revenue funded small renewable projects and appropriating $4,100,000 of proceeds from New Clean Renewable Energy Bonds for the San Francisco Public Utilities Commission (SFPUC) Hetch Hetchy small renewable projects in FY2015-2016. PASSED, ON FIRST READING by the following vote:

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

150869 [Contract Amendment - HealthRIGHT360 - Fiscal Intermediary Services - $92,340,976] Resolution authorizing the Department of Public Health to amend its contract with HealthRIGHT360 for fiscal intermediary services to enable services to approximately 30,000 clients in community-based residential care facilities for people with mental illness, for children’s mental health wraparound services, and for emergency housing stabilization services; and increasing the total contract amount by $54,985,970 from $37,355,006 for a total contract amount of $92,340,976 for a term of five (5) years and six (6) months from December 31, 2013, through June 30, 2019. (Public Health Department) Resolution No. 413-15 ADOPTED by the following vote:

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

150938 [Agreement - State Board of Equalization - Implementation of Local Prepaid Mobile Telephony Services Collection Act] Resolution authorizing the Treasurer to execute an agreement with the State Board of Equalization for implementation of the Local Prepaid Mobile Telephony Services Collection Act, for a term to commence following Board approval, through expiration of the Act. (Treasurer-Tax Collector) Resolution No. 414-15 ADOPTED by the following vote:

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

150953 [Interconnection Agreement - Port of Oakland - Davis Electric Transmission Substation - Delivery of Electricity to Treasure Island and Yerba Buena Island - Maximum Cost of $7,000,000] Resolution authorizing the General Manager of the Public Utilities Commission and the Treasure Island Director to enter into a long-term interconnection agreement with the Port of Oakland for the use of the Davis Electric Transmission Substation to serve Treasure Island and Yerba Buena Island for a term of 20 years to commence following Board approval, with a guaranteed maximum cost of $7,000,000. (Treasure Island Development Authority) Resolution No. 415-15 ADOPTED by the following vote:

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

151006 [Amending Resolutions of Intention to Establish Port Infrastructure Financing District] Sponsors: Mayor; Cohen Resolution further amending Resolutions of Intention to establish Infrastructure Financing District No. 2 (Resolution Nos. 110-12 and 227-12) for the City and County of San Francisco at the Port of San Francisco. Supervisor Cohen requested to defer consideration of this matter to the end of the agenda. The matter was called back for consideration shortly thereafter. Supervisor Cohen, seconded by Supervisor Wiener, moved that this Resolution be CONTINUED to the Board of Supervisors meeting of November 17, 2015. The motion carried by the following vote:

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

151007 [Resolution of Intention to Issue Bonds - Port Infrastructure Financing District - Not To Exceed $25,100,000] Sponsors: Mayor; Cohen Resolution of Intention to Issue Bonds in an amount not to exceed $25,100,000 for City and County of San Francisco Infrastructure Financing District No. 2 (Port of San Francisco). (Fiscal Impact.) Resolution No. 416-15 ADOPTED by the following vote:

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

151010 [Accept and Expend Grant - Department of Homeland Security - 2014 Port Security Grant Programs - $1,440,337] Sponsor: Christensen Resolution retroactively authorizing the Port of San Francisco to accept and expend a grant in the amount of $1,440,337 from the Department of Homeland Security’s 2014 Port Security Grant Program, including $297,375 for Security Hardening of Pier 31, $392,962 for Pier 50 Security Measures and $750,000 for Port-wide CCTV Phase 3 for the period of September 1, 2014, through August 31, 2016. Resolution No. 417-15 ADOPTED by the following vote:

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

omeless shelter exemptions from the Transportation Sustainability Fee; making conforming amendments to the Area Plan fees in Planning Code, Article 4; affirming the Planning Department’s determination under the California Environmental Quality Act, and making findings, including general findings, findings of public necessity, convenience and welfare, and findings of consistency with the General Plan, and the eight priority policies of Planning Code Section 101.1. Privilege of the floor was granted unanimously to John Rahaim, Director, and Lisa Chen (Planning Department), Jon Givner (Office of City Attorney), Ed Reiskin, Executive Director (Municipal Transportation Agency), and Tilly Chang, Executive Director (County Transportation Authority), who responded to questions raised throughout the discussion. Supervisor Cohen requested to be added as a co-sponsor. Supervisor Avalos, seconded by Supervisor Campos, moved that this Ordinance be AMENDED to increase the Transportation Sustainability Fee for non-residential uses between 800-99,999 gross square feet (gsf) from $0.50 to $18.54, and non-residential uses over 99,999 gsf from $4.00 to $23.04. 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 Ordinance be AMENDED to require projects that were submitted between July 1, 2014, to July 21, 2015, to pay 75% of the Transportation Sustainability Fee. The motion FAILED by the following vote:

Ayes: Avalos, Campos, Kim, Mar

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

Supervisor Avalos requested that this Ordinance be DUPLICATED. City and County of San Francisco Page 761 Printed at 11:48 am on 12/18/15 Board of Supervisors Meeting Minutes 11/3/2015 See Duplicated File No. 151121. Supervisor Avalos, seconded by Supervisor Campos, moved that this Ordinance be AMENDED to add 'Section 411A.9. Further Study of Economic Feasibility. The Board of Supervisors hereby requests that the Controller and the Planning Department study the feasibility of creating a variable impact fee structure based on the economic feasibility of projects in different areas of the City, and report back to the Board within six months of the effective date of this Ordinance.' The motion carried by the following vote:

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

Supervisor Cohen, seconded by Supervisor Campos, moved that this Ordinance be AMENDED on Page 3, Lines 12-19, by adding 'While the Nexus Study found that all new land uses in San Francisco will generate this increased demand for transportation, the Board finds that it is in the public interest to exempt some uses from payment of the fee, in order to promote other important City policies and priorities, such as affordable housing, small businesses and charitable organizations. The Board finds that Hospital and Medical Service projects, however, are generally of such scope and size that they create a substantial demand for transportation infrastructure and services, and therefore, they should contribute to the TSF to meet this demand.' 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

ing Section 406 to clarify affordable housing and homeless shelter exemptions from the Transportation Sustainability Fee; making conforming amendments to the Area Plan fees in Planning Code, Article 4; affirming the Planning Department’s determination under the California Environmental Quality Act, and making findings, including general findings, findings of public necessity, convenience and welfare, and findings of consistency with the General Plan, and the eight priority policies of Planning Code Section 101.1. Privilege of the floor was granted unanimously to John Rahaim, Director, and Lisa Chen (Planning Department), Jon Givner (Office of City Attorney), Ed Reiskin, Executive Director (Municipal Transportation Agency), and Tilly Chang, Executive Director (County Transportation Authority), who responded to questions raised throughout the discussion. Supervisor Cohen requested to be added as a co-sponsor. Duplicated from File No. 150790. Supervisor Avalos, seconded by Supervisor Campos, moved that this Ordinance be AMENDED to require non-residential projects submitted after July 21, 2015, to pay the full Transportation Sustainability Fee. The motion carried by the following vote:

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

Supervisor Cohen, seconded by Supervisor Campos, moved that this Ordinance be AMENDED to revise the Transportation Sustainability Fee for hospitals to be calculated based on net new beds, and additional conforming changes regarding hospital uses. The motion carried by the following vote:

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

d at 11:48 am on 12/18/15 Board of Supervisors Meeting Minutes 11/3/2015 Ordinance amending the Planning Code by establishing a new citywide Transportation Sustainability Fee and suspending application of the existing Transit Impact Development Fee, with some exceptions, as long as the Transportation Sustainability Fee remains operative; applying the Transportation Sustainability Fee to Hospitals and Medical Services; amending Section 401 to add definitions reflecting these changes; amending Section 406 to clarify affordable housing and homeless shelter exemptions from the Transportation Sustainability Fee; making conforming amendments to the Area Plan fees in Planning Code, Article 4; affirming the Planning Department’s determination under the California Environmental Quality Act, and making findings, including general findings, findings of public necessity, convenience and welfare, and findings of consistency with the General Plan, and the eight priority policies of Planning Code Section 101.1. Supervisor Avalos, seconded by Supervisor Cohen, moved that this Ordinance be RE-REFERRED AS AMENDED to the Land Use and Transportation Committee. The motion carried by the following vote:

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

150866 [Planning Code - Landmark Designation - 350 University Street (aka University Mound Old Ladies’ Home)] Sponsor: Campos Ordinance designating 350 University Street (aka University Mound Old Ladies’ Home), Assessor’s Block No. 5992, Lot No. 001, as a Landmark under Planning Code, Article 10; and making environmental findings, public necessity, convenience, and welfare findings, and 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

150873 [Transportation Code - Subway Master Plan] Sponsors: Wiener; Christensen, Farrell, Breed, Tang, Yee, Mar and Cohen Ordinance amending the Transportation Code to declare as City policy that the City develop a Subway Master Plan within 12 months, and to update that Master Plan every four years; and affirming the Planning Department's determination under the California Environmental Quality Act. Supervisors Farrell, Breed, Tang, Yee, Mar, and Cohen requested to be added as co-sponsors. PASSED, ON FIRST READING by the following vote:

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

istrict Plan Area and between Folsom, Harrison, Essex and Second Streets] Sponsor: Kim Resolution imposing interim zoning controls in the Transit Center District Plan Area (“Plan Area”), which is bounded by Market Street on the north, Folsom Street on the South, Steuart Street on the east, and between New Montgomery and Third Streets on the west, and in the area bounded by Folsom, Harrison, Essex and Second Streets, but excluding the planned Rooftop Park between Mission, Howard, Second and Beale Streets and those portions of the Plan Area included in Zone 1 of the Transbay Redevelopment Plan, which include portions of land bounded by Spear, Mission, Folsom and Second Streets, to restrict the size and height of new signs within 200 feet of and visible from an existing or planned public park or open space, and to restrict illumination of certain new signs in those areas; and making environmental findings, including findings of consistency with the eight priority policies of Planning Code, Section 101.1. Supervisor Kim, seconded by Supervisor Yee, moved that this Resolution be AMENDED on Page 4, Line 20, by striking '10:00' and adding '11:00'. The motion carried by the following vote:

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

Resolution No. 418-15 ADOPTED AS AMENDED by the following vote:

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

151104 [Final Map 8510 - 1001-17 Street and 140 Pennsylvania Avenue] Motion approving Final Map 8510, a merger and 2 lot subdivision and a 37 residential unit and 1 commercial unit, mixed-use Condominium Project, located at 1001-17 Street and 140 Pennsylvania Avenue, being a subdivision of Assessor’s Block No. 3987, Lot Nos. 009 and 010, and adopting findings pursuant to the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Public Works) Motion No. M15-165 APPROVED The foregoing items were acted upon by the following vote:

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

Excused: Christensen