# Board of Supervisors Minutes: November 3, 2015 - Meeting date: 2015-11-03 - Document type: minutes - Pages in official PDF: 28 - [Canonical HTML transcript](https://sfbos.info/documents/306/2015-11-03-minutes) - [Authoritative City PDF](https://sfgov.legistar.com/View.ashx?M=M&ID=442505&GUID=475E1C93-CE59-4AAA-8C9B-3B309D387A25) > This text was extracted for search and accessibility. The linked City PDF is the authoritative public record. ## Structured legislative records ### File 150938: Agreement - State Board of Equalization - Implementation of Local Prepaid Mobile Telephony Services Collection Act - Pages: 7-8 - Vote 1: adoption, likely final - Action: 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 ### File 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 - Pages: 8 - Vote 1: adoption, likely final - Action: 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 ### File 151006: Amending Resolutions of Intention to Establish Port Infrastructure Financing District - Pages: 8 - Vote 1: continuance - Action: 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 ### File 151007: Resolution of Intention to Issue Bonds - Port Infrastructure Financing District - Not To Exceed $25,100,000 - Pages: 8-9 - Vote 1: adoption, likely final - Action: 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 ### File 151010: Accept and Expend Grant - Department of Homeland Security - 2014 Port Security Grant Programs - $1,440,337 - Pages: 9 - Vote 1: adoption, likely final - Action: 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 ### File 150790: Planning Code - Establishing a New Citywide Transportation Sustainability Fee - Pages: 9-10 - Vote 1: amendment - Action: 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 - Vote 2: amendment - Action: 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 - Vote 3: amendment - Action: 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 - Vote 4: amendment - Action: 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 - Vote 5: first-reading - Action: PASSED ON FIRST READING AS AMENDED by the following vote: - Ayes: Avalos, Breed, Campos, Christensen, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee ## Extracted text ### [Page 8](https://sfbos.info/documents/306/2015-11-03-minutes#page-8) Board of Supervisors Meeting Minutes 11/3/2015 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: 11 - Avalos, Breed, Campos, Christensen, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee File Nos. 151006 and 151007 were called together. 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: 11 - 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: 11 - Avalos, Breed, Campos, Christensen, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee City and County of San Francisco Page 760 Printed at 11:48 am on 12/18/15 ### [Page 9](https://sfbos.info/documents/306/2015-11-03-minutes#page-9) Board of Supervisors Meeting Minutes 11/3/2015 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: 11 - Avalos, Breed, Campos, Christensen, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee Recommendations of the Land Use and Transportation Committee 150790 [Planning Code - Establishing a New Citywide Transportation Sustainability Fee] Sponsors: Mayor; Wiener, Breed, Christensen and Cohen 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; 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. 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: 5 - Avalos, Campos, Kim, Mar, Yee Noes: 6 - 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: 4 - Avalos, Campos, Kim, Mar Noes: 7 - 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