Board of Supervisors Minutes: December 15, 2015

150346 [Liquor License - 1504B Fillmore Street] Resolution determining that the issuance of a Type 42 on-sale beer and wine license to Tat Cheung Lo, dba Level 2 Karaoke, located at 1504 Fillmore Street (District 5), will serve the public convenience or necessity of the City and County of San Francisco in accordance with California Business and Professions Code, Section 23958.4, and recommending that the California Department of Alcoholic Beverage Control impose conditions on the issuance of the license. (Public Safety and Neighborhood Services Committee) Resolution No. 509-15 ADOPTED The foregoing items were acted upon by the following vote:

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

150995 [Administrative Code - Establishing Mission Bay Transportation Improvement Fund, and Advisory Committee] Sponsors: Mayor; Kim, Farrell, Tang, Mar, Wiener, Campos, Cohen, Yee and Breed Ordinance amending the Administrative Code to establish a fund to pay for City services and capital improvements addressing transportation and other needs of the community in connection with events at the Golden State Warriors Event Center and Mixed Use Project; create an advisory committee to make recommendations about the use of monies from the fund; and adopting findings under the California Environmental Quality Act. (Fiscal Impact) Ordinance No. 230-15 FINALLY PASSED by the following vote:

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

Noes: Avalos

150996 [Golden State Warriors Event Center at Mission Bay - Delegation of Public Improvement Approvals and Other Actions] Sponsors: Mayor; Farrell Ordinance delegating to the Director of Public Works the authority to accept required public improvements related to the development of the Golden State Warriors Event Center and Mixed-Use Development pursuant to the Mission Bay South Redevelopment Plan; authorizing the Director of the Real Estate Division to accept any future easements, licenses, or grant deeds related to the development project, including a public sidewalk easement and grant deeds for property underlying public improvements; and adopting findings pursuant to the California Environmental Quality Act. Supervisor Farrell requested to be added as a co-sponsor. Ordinance No. 231-15 FINALLY PASSED by the following vote:

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

ewer, and/or storm water purposes and two offers of dedication within portions of Assessor’s Block No. 8722, Lot Nos. 1 and 8 within the Mission Bay South Redevelopment Plan Area for the Golden State Warriors Event Center and Mixed-Use Development at Mission Bay South Blocks 29-32; authorizing a termination and quitclaim of the easements and other City and County of San Francisco rights and interest in the vacated areas; authorizing the General Manager of the Public Utilities Commission and the Director of Property to execute the quitclaim deeds for the vacated easements and vacation area; providing license agreement(s), including if appropriate, a retroactive extension of the previously executed agreement, for the public’s use of the temporary Terry A. Francois Boulevard Connector Road; adopting findings pursuant to the California Environmental Quality Act; and making findings of consistency with the Mission Bay South Redevelopment Plan, the General Plan, and the eight priority policies of Planning Code, Section 101.1, for the actions contemplated in this Ordinance. Supervisor Farrell requested to be added as a co-sponsor. Ordinance No. 232-15 FINALLY PASSED by the following vote:

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

151066 [Mills Act Historical Property Contract - 807 Montgomery Street] Sponsor: Peskin Resolution approving a Mills Act historical property contract between 807 Montgomery, LLC, the owners of 807 Montgomery Street, and the City and County of San Francisco, under Administrative Code, Chapter 71; and authorizing the Planning Director and the Assessor to execute the historical property contract. Resolution No. 510-15 ADOPTED by the following vote:

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

150624 [Administrative Code - Supportive Housing Tenants’ Enrollment in Public Benefits] Sponsors: Farrell; Mar Ordinance amending the Administrative Code to require providers of City-funded permanent supportive housing to make reasonable efforts to help enroll tenants in all public benefits for which they are eligible, and provide an annual report regarding tenant enrollment in public benefits. Supervisor Mar requested to be added as a co-sponsor. PASSED, ON FIRST READING by the following vote:

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

151020 [Amending Ordinance No. 89-10 - Water Revenue Bond Issuance and Sale - Public Utilities Commission - Not to Exceed $1,737,724,038] Ordinance amending Ordinance No. 89-10, to authorize the San Francisco Public Utilities Commission to enter into one or more State of California State Water Resources Control Board Installment Sale Agreements and Grants in an aggregate principal amount not to exceed the previously authorized amount of $1,737,724,038 to finance, among other projects, the costs of the San Francisco Westside Recycled Water Project 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. (Public Utilities Commission) (Fiscal Impact) PASSED, ON FIRST READING by the following vote:

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

151125 [Accept and Expend Grant - United States Department of Labor - American Apprenticeship Initiative - Amendment to the Annual Salary Ordinance - $2,999,999] Sponsor: Mayor Ordinance retroactively authorizing the Office of Economic and Workforce Development to accept and expend a grant in the amount of $2,999,999 from the United States Department of Labor for the American Apprenticeship Initiative Grant for the period of October 1, 2015, to September 30, 2020; and amending Ordinance No. 129-15 (Annual Salary Ordinance FYs 2015-2016 and 2016-2017) to provide for the creation of one (1) Class 9774 Senior Community Development Specialist I grant-funded position (0.58 FTE) in the Office of Economic and Workforce Development. PASSED, ON FIRST READING by the following vote:

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

150717 [Lease - San Francisco International Airport Replacement Air Traffic Control Tower - Operation and Occupancy by the United States Government - $20] Resolution approving Lease No. DTFAWN-15-L-00093 with the U.S. Government for occupancy and operation of the replacement Air Traffic Control Tower at the San Francisco International Airport by the United States Government, acting by and through the Federal Aviation Administration, for the lease amount of $1 per year totaling $20 over the 20-year term to commence following Board approval. (Airport Commission) Resolution No. 511-15 ADOPTED by the following vote:

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

150742 [Accept and Expend Grant - California Natural Resources Agency - Noe Valley Town Square Project - $567,039] Sponsors: Wiener; Farrell Resolution retroactively authorizing the Recreation and Park Department to accept and expend an Urban Greening for Sustainable Communities Grant from the California Natural Resources Agency in the amount of $567,039 for the Noe Valley Town Square Project for the period of September 1, 2015, through May 1, 2017, and authorizing the Director of Real Estate to file a Memorandum of Unrecorded Grant Agreement with the Assessor-Recorder defining the terms of the grant agreement, as defined herein. Supervisor Farrell requested to be added as a co-sponsor. Resolution No. 512-15 ADOPTED by the following vote:

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

151024 [Contract Modification - T3 East, a Joint Venture - Construction Management Services - Airport Terminal 3 Improvement Projects - Not to Exceed $12,115,000] Resolution retroactively approving the sixth modification to Airport Contract 9048.9, Construction Management Services for the Airport Terminal 3 Improvement Projects between T3 East, a Joint Venture, and the City and County of San Francisco, acting by and through its Airport Commission, for a new total not-to-exceed amount of $11,794,000 with a new end date of November 11, 2016, pursuant to Charter, Section 9.118(b); and authorizing the Airport Director to negotiate and execute, with Airport Commission approval, further modifications for a total amount not-to-exceed $12,115,000 and a term end date no later than February 1, 2017. (Airport Commission) (Fiscal Impact) Resolution No. 513-15 ADOPTED by the following vote:

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

151029 [Contract Amendment - A Better Way, Inc. - Behavioral Health Services - Not to Exceed $14,115,308] Resolution approving amendment number two to the Department of Public Health contract for behavioral health services with A Better Way, Inc., to extend the contract by two years, from July 1, 2010, through December 31, 2015, to July 1, 2010, through December 31, 2017, with a corresponding increase of $4,132,394 for a total amount not to exceed $14,115,308. (Public Health Department) (Fiscal Impact) Resolution No. 465-15 ADOPTED by the following vote:

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

151037 [Contract Amendment - HealthRIGHT360 - Jail Psychiatric Services - Behavioral Health Services - Not to Exceed $26,930,843] Sponsor: Mar Resolution approving amendment number three to the Department of Public Health contract for behavioral health services with HealthRIGHT360 to extend the contract by two years, from July 1, 2010, through December 31, 2015, to July 1, 2010, through December 31, 2017, with a corresponding increase of $8,459,436 for a total amount not to exceed $26,930,843. (Fiscal Impact) Supervisor Mar requested to be added as the sponsor. Resolution No. 473-15 ADOPTED by the following vote:

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

151041 [Contract Amendment - Larkin Street Youth Services - Behavioral Health Services - Not to Exceed $11,802,629] Sponsor: Mar Resolution approving amendment number one to the Department of Public Health contract for behavioral health services with Larkin Street Youth Services to extend the contract by two years, from July 1, 2010, through December 31, 2015, to July 1, 2010, through December 31, 2017, with a corresponding increase of $1,871,834 for a total amount not to exceed $11,802,629. (Fiscal Impact) Supervisor Mar requested to be added as the sponsor. Resolution No. 514-15 ADOPTED by the following vote:

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

151042 [Contract Amendment - Oakes Children's Center - Behavioral Health Services - Not to Exceed $13,646,536] Resolution approving amendment number three to the Department of Public Health contract for behavioral health services with Oakes Children's Center to extend the contract by two years, from July 1, 2010, through December 31, 2015, to July 1, 2010, through December 31, 2017, with a corresponding increase of $4,370,003 for a total amount not to exceed $13,646,536. (Public Health Department) (Fiscal Impact) Resolution No. 515-15 ADOPTED by the following vote:

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

151045 [Contract Amendment - Regents of the University of California San Francisco - Infant Parent Program - Behavioral Health Services - Not to Exceed $12,316,517] Sponsor: Mar Resolution approving amendment number one to the Department of Public Health contract for behavioral health services with The Regents of the University of California San Francisco, for the infant parent program, to extend the contract by two years, from July 1, 2010, through December 31, 2015, to July 1, 2010, through December 31, 2017, with a corresponding increase of $3,010,777 for a total amount not to exceed $12,316,517. (Fiscal Impact) Supervisor Mar requested to be added as the sponsor. Resolution No. 516-15 ADOPTED by the following vote:

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

151099 [Finding of Fiscal Feasibility - Airport Shoreline Protection Project at San Francisco International Airport] Resolution finding the proposed Airport Shoreline Protection Project at San Francisco International Airport fiscally feasible and responsible pursuant to San Francisco Administrative Code, Chapter 29. (Airport Commission) (Fiscal Impact) Resolution No. 517-15 ADOPTED by the following vote:

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

151168 [Agreement Amendment - APX, Inc. - Power Scheduling Coordination and Related Support Services - Not to Exceed $105,000,000] Resolution retroactively authorizing the General Manager of the San Francisco Public Utilities Commission to execute the first amendment to Agreement No. CS-344, Power Scheduling Coordination and Related Support Services, with APX, Inc., increasing the not to exceed amount by $100,000,000, for a total not-to-exceed amount of $105,000,000, and with no change to the five-year agreement duration, to allow for the payment of the California Independent System Operator (CAISO) power transmission charges. (Public Utilities Commission) (Fiscal Impact) Resolution No. 518-15 ADOPTED by the following vote:

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

151169 [Water Enterprise Agreement - Planning and Design Services, Mountain Tunnel Improvements - Not to Exceed $21,000,000] Resolution approving and authorizing the General Manager of the San Francisco Public Utilities Commission to negotiate and execute Hetch Hetchy Water and Power funded Agreement No. CS-249, Planning and Design Services, Mountain Tunnel Improvements, for an amount not to exceed $21,000,000 and with a duration of ten years, with options to extend the agreement for up to an additional three years, for a total of duration not-to-exceed 13 years, pursuant to Charter, Section 9.118. (Public Utilities Commission) (Fiscal Impact) Resolution No. 519-15 ADOPTED by the following vote:

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

151181 [Apply for, Accept and Expend Grant - Metropolitan Transportation Commission - State Transportation Improvement Program - $1,910,000] Sponsors: Mayor; Farrell Resolution authorizing the filing of an application for funding assigned to the Metropolitan Transportation Commission (MTC); stating assurance to complete the projects; and authorizing Public Works to accept and expend $1,910,000 in State Transportation Improvement Program grant funds awarded through MTC. Supervisor Farrell requested to be added as a co-sponsor. Resolution No. 520-15 ADOPTED by the following vote:

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

151183 [Office of Community Investment and Infrastructure, Operating as Successor Agency to the San Francisco Redevelopment Agency - Budget and Bonds Amendment - Mission Bay South Project Area - Not to Exceed $135,000,000 - FY2015-2016] Sponsor: Mayor Resolution approving an amendment to the FY2015-2016 budget of the Office of Community Investment and Infrastructure, operating as the Successor Agency to the San Francisco Redevelopment Agency, by increasing the Successor Agency’s bond proceeds by $135,000,000, authorizing expenditures in an amount not to exceed $135,000,000, and approving the issuance of bonds in an additional principal amount not to exceed $135,000,000 to finance enforceable obligations in the Mission Bay South Project Area. (Fiscal Impact) Resolution No. 521-15 ADOPTED by the following vote:

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

151188 [Apply for, Accept, and Expend Grant - Metropolitan Transportation Commission - Active Transportation Program - $3,800,000] Sponsors: Mayor; Farrell Resolution retroactively authorizing the filing of an application for funding assigned to the Metropolitan Transportation Commission (MTC); committing any necessary matching funds; stating assurance to complete the projects; and authorizing Public Works to accept and expend $3,800,000 in Active Transportation Program grant funds awarded through MTC. (Fiscal Impact) Supervisor Farrell requested to be added as a co-sponsor. Resolution No. 522-15 ADOPTED by the following vote:

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

151191 [Accept and Expend Grant - California Office of Traffic Safety - Alcohol and Drug Impaired Driver Vertical Prosecution Program - $290,704] Sponsor: Farrell Resolution retroactively authorizing the Office of the District Attorney to accept and expend a grant in the amount of $290,704 from the California Office of Traffic Safety for the Alcohol and Drug Impaired Driver Vertical Prosecution Program for the grant period October 1, 2015, through September 30, 2016. Resolution No. 523-15 ADOPTED by the following vote:

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

151196 [Accept and Expend Grant-In-Place - San Francisco Parks Alliance - Noe Valley Town Square - $450,000] Sponsors: Wiener; Farrell and Mar Resolution retroactively authorizing the Recreation and Park Department to accept and expend a Grant-in-Place, from the San Francisco Parks Alliance, of improvements to Noe Valley Town Square valued at $450,000. Supervisors Farrell and Mar requested to be added as co-sponsors. Resolution No. 524-15 ADOPTED by the following vote:

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

rizing the execution and acceptance of a Lease by and between the City and County of San Francisco and Four Fifty Toland, LLC, a California Limited Liability Company, for the real property located at 450 Toland Street with an initial lease amount of $735,600 per year; the execution and acceptance of a Purchase and Sale Agreement by and between City and Selby and Hudson Corporation, a California corporation, for the real property located at 555 Selby Street for $6,300,000; the execution and acceptance of a Purchase and Sale Agreement by and between the City and W.Y.L. Five Star Service Industries, Inc., a California corporation, for the real property located at 1975 Galvez Avenue for $5,000,000; and finding the proposed transactions are in conformance with the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Public Utilities Commission) (Fiscal Impact) Privilege of the floor was granted unanimously to John Updike, Director (Real Estate Division), and Harvey Rose, Budget and Legislative Analyst (Office of the Budget and Legislative Analyst), who responded to questions raised throughout the discussion. Resolution No. 525-15 ADOPTED by the following vote:

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

151232 [Cooperative Agreement - State of California (Caltrans) - Van Ness Transit Improvement Project] Sponsors: Breed; Farrell and Mar Resolution approving a Cooperative Agreement with the State of California (Caltrans) regarding construction support and funding of the Van Ness Transit Improvement Project; and making findings under the California Environmental Quality Act. (Fiscal Impact) Resolution No. 526-15 ADOPTED by the following vote:

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

Noes: Peskin

151236 [Contract Amendment - New Flyer of America, Inc. - Purchase of Low Floor Diesel-Hybrid Buses - Not to Exceed $412,270,421] Sponsors: Wiener; Breed and Mar Resolution approving Amendment No. 2 to Contract No. CPT 713 (Procurement of 40-Ft and 60-Ft Low Floor Diesel Hybrid Coaches) with New Flyer of America Inc., to purchase an additional 152 standard and 113 articulated low floor diesel-hybrid buses, for an additional amount of $244,630,752 and a total contract amount not-to-exceed $412,270,421 subject to availability of funding, with no change to the term of the contract and the notice to proceed contingent on funding availability. (Fiscal Impact) Supervisor Mar requested to be added as a co-sponsor. Resolution No. 527-15 ADOPTED by the following vote:

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

151124 [Memorandum of Understanding - Amendment No. 8 to Firefighters, Local 798, Unit 1] Sponsors: Mayor; Breed, Farrell and Cohen Ordinance adopting and implementing Amendment No. 8 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. Supervisors Farrell and Cohen requested to be added as co-sponsors. PASSED, ON FIRST READING by the following vote:

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

150600 [Follow-Up Board Response - Civil Grand Jury - Office of the Assessor-Recorder: Despite Progress, Still the Lowest Rated in the State] Motion responding to the 2014-2015 Civil Grand Jury request to provide a status update on the Board of Supervisors’ response to the relevant recommendation issued in the 2014-2015 Civil Grand Jury Report entitled, “Office of the Assessor-Recorder, Still the Lowest Rated in the State.” (Government Audit and Oversight Committee) Supervisor Yee, seconded by Supervisor Mar, moved that this Motion be AMENDED to revise the 'MOVED' clause on Page 2, Lines 5-8, to read 'That Recommendation No. 2 has been implemented, for reasons as follows: the staffing analysis is currently underway and will be completed by the end of FY2015-2016. The Board requests that the Office of the Assessor-Recorder forward any updates to the Board of Supervisors throughout the fiscal year'. The motion carried by the following vote:

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

Motion No. M15-181 APPROVED AS AMENDED by the following vote:

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

ce of Intention to Sell Certificates; approving the form of the Preliminary Official Statement and the form and execution of the Official Statement relating to the sale of the Certificates; approving the form of the Continuing Disclosure Certificate; granting general authority to City officials to take necessary actions in connection with the authorization, execution, sale, and delivery of the Certificates; approving modifications to documents and agreements; declaring the City’s intent to reimburse certain expenditures; and ratifying previous actions taken in connection therewith. (Fiscal Impact) Privilege of the floor was granted unanimously to Ben Rosenfield, Controller (Office of the City Controller), who responded to questions raised throughout the discussion. Supervisor Breed, seconded by Supervisor Tang, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE, by decreasing the not to exceed aggregate principal amount from '$215,000,000' to '$16,750,000,' and removing the references that the acquisition site will be used for construction, installation or improvements to a 'rehabilitation detention facility.' The motion carried by the following vote:

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

g the selection of the Trustee by the Director of Public Finance; approving respective forms of a Property Lease and a Lease Agreement, each between the City and the Trustee for the lease and lease back of all or a portion of certain hospital property and facilities; approving the forms of Purchase Contract, Official Notice of Sale, and Notice of Intention to Sell Certificates; directing the publication of the Notice of Intention to Sell Certificates; approving the form of the Preliminary Official Statement and the form and execution of the Official Statement relating to the sale of the Certificates; approving the form of the Continuing Disclosure Certificate; granting general authority to City officials to take necessary actions in connection with the authorization, execution, sale, and delivery of the Certificates; approving modifications to documents and agreements; declaring the City’s intent to reimburse certain expenditures; and ratifying previous actions taken in connection therewith. (Fiscal Impact) Supervisor Breed, seconded by Supervisor Tang, moved that this Ordinance be RE-REFERRED AS AMENDED to the Budget and Finance Committee. The motion carried by the following vote:

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

151175 [Appropriation - Certificates of Participation for Acquisition of Property - $16,750,000 - FY2015-2016] Sponsor: Mayor Ordinance appropriating $215,000,000 in Certificates of Participation for construction of the Rehabilitation Detention Facility and associated costs in FY2015-2016, and placing these funds on Controller’s Reserve pending the sale of the Certificates. (Fiscal Impact) Privilege of the floor was granted unanimously to Ben Rosenfield, Controller (Office of the City Controller), who responded to questions raised throughout the discussion. Supervisor Breed, seconded by Supervisor Tang, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE, by decreasing the appropriation amount from '$215,000,000' to '$16,750,000,' and changing the use of these monies from 'construction of the rehabilitation detention facility' to 'acquisition of property adjacent to the Hall of Justice.' The motion carried by the following vote:

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

Ordinance appropriating $16,750,000 in Certificates of Participation for acquisition of property adjacent to the Hall of Justice in FY2015-2016, and placing these funds on Controller’s Reserve pending the sale of the Certificates. (Fiscal Impact) Supervisor Breed, seconded by Supervisor Tang, moved that this Ordinance be RE-REFERRED AS AMENDED to the Budget and Finance Committee. The motion carried by the following vote:

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

151184 [Acquisition of Property at 814-820 Bryant Street, 444-6th Street, 450 6th-Street, and 470-6th Street - Various Owners - At Fair Market Value - Not to Exceed $16,750,000] Sponsor: Mayor Resolution authorizing the acquisition of real property at 814-820 Bryant Street, 444-6th Street, 450-6th Street, and 470-6th Street (Assessor’s Block No. 3759, Lot Nos. 009, 012, 014, 043, and 045) from Lin Trust, Musso Trust, and Myung Chun, respectively; and the issuance of Commercial Paper Notes in an aggregate principal amount not to exceed $14,500,000. (Fiscal Impact) Privilege of the floor was granted unanimously to Ben Rosenfield, Controller (Office of the City Controller), who responded to questions raised throughout the discussion. Supervisor Breed, seconded by Supervisor Tang, moved that this Resolution be RE-REFERRED to the Budget and Finance Committee. The motion carried by the following vote:

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

151185 [Issuance of Tax Exempt and Taxable Commercial Paper Notes - Construction of Rehabilitation Detention Facility - Not to Exceed $11,310,000] Sponsor: Mayor Resolution authorizing the execution and delivery of tax-exempt and/or taxable commercial paper notes in an aggregate amount of up to $11,310,000 to provide interim funding for the construction of the Rehabilitation Detention Facility to replace County Jail No. 3 and County Jail No. 4; and determining other matters in connection therewith. (Fiscal Impact) Privilege of the floor was granted unanimously to Ben Rosenfield, Controller (Office of the City Controller), who responded to questions raised throughout the discussion. Supervisor Breed, seconded by Supervisor Tang, moved that this Resolution be TABLED. The motion carried by the following vote:

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

151187 [Accept and Expend State Bond Financing - State Public Works Board - Construction of Rehabilitation and Detention Facility - $80,000,000] Sponsor: Mayor Resolution authorizing the Sheriff’s Department to accept and expend $80,000,000 of lease revenue bond financing from the State Public Works Board to fund the construction of the Rehabilitation and Detention Facility project to replace County Jail No. 3 and County Jail No. 4. (Fiscal Impact) Privilege of the floor was granted unanimously to Ben Rosenfield, Controller (Office of the City Controller), who responded to questions raised throughout the discussion. Supervisor Breed, seconded by Supervisor Tang, moved that this Resolution be TABLED. The motion carried by the following vote:

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

151177 [Appropriation and De-Appropriation - Expenditures for Mental Health Services - $1,483,000 - FY2015-2016] Sponsor: Mayor Ordinance appropriating $1,483,000 for capital construction for the renovation of San Francisco General Hospital to accommodate mental health services in the Department of Public Health and de-appropriating $1,483,000 in FY2015-2016. (Fiscal Impact) Privilege of the floor was granted unanimously to Ben Rosenfield, Controller (Office of the City Controller), who responded to questions raised throughout the discussion. 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: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee

151180 [Amended Ten-Year Capital Expenditure Plan - FYs 2016-2025] Sponsors: Mayor; Farrell Resolution amending the City’s ten-year capital expenditure plan for FYs 2016-2025 to accept an award of $80,000,000 from the California Board of State and Community Corrections for the proposed Rehabilitation and Detention Facility Project and to recognize the revised scope thereof; and to advance projects within the Justice Facilities Improvement Program financed through the Capital Plan’s General Fund Debt Program. Privilege of the floor was granted unanimously to Ben Rosenfield, Controller (Office of the City Controller), who responded to questions raised throughout the discussion. Supervisor Farrell requested to be added as a co-sponsor. Supervisor Breed, seconded by Supervisor Tang, moved that this Resolution be RE-REFERRED to the Budget and Finance Committee. The motion carried by the following vote:

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

150793 [Planning Code - Child Care Requirements for Office and Residential Projects and Associated Fees] Sponsors: Yee; Avalos, Kim, Mar, Campos and Cohen Ordinance amending the Planning Code to increase the Child Care In Lieu Fee for office and hotel development projects of up to $1.57 per gross square foot and apply the fee to projects of 25,000 or more gross square feet; to impose a tiered Child Care Fee for residential development projects of up to $1.83 per gross square foot; to allow developers the option to provide onsite Small Family Daycare Homes in lieu of the fee; 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. Supervisors Kim, Mar, Campos, and Cohen requested to be added as co-sponsors. PASSED, ON FIRST READING by the following vote:

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

0 to establish the “San Francisco Right-of-Way Policy” to promote safety, tolerance, and harmony among all users of City Streets; make arrests and citations of bicyclists for failure to stop at a stop sign the lowest traffic enforcement priority, provided that the bicyclist first slows to a safe speed and yields the right-of-way to any other vehicle or pedestrian in the intersection; require quarterly reports from the Police Department on statistics related to traffic enforcement, injuries, and fatalities; urge the Municipal Transportation Agency to develop a program to educate the public about the Bicycle Yield Enforcement Policy; and require notification of state officials of this Ordinance. (Supervisor Cohen dissented in committee.) Supervisor Avalos, seconded by Supervisor Farrell, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 3, Lines 3-4, by striking ‘hit’ and adding ‘seriously injured’; Page 5, Line 3, by adding ‘always’ after ‘bicyclists’, and Lines 11-12, by adding ‘, maintain a distance of at least six feet from any pedestrian’; and Page 7, Line 7, by striking ‘2015’ and adding ‘2016’. The motion carried by the following vote:

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

(Supervisor Cohen dissented in committee.) Supervisor Avalos requested File No. 150943 be DUPLICATED AS AMENDED. See duplicated File No. 151268. PASSED ON FIRST READING AS AMENDED by the following vote:

Ayes: Avalos, Breed, Campos, Kim, Mar, Wiener

Noes: Cohen, Farrell, Peskin, Tang, Yee

151268 [Administrative Code - Bicycle Yield Enforcement Policy] Sponsors: Avalos; Breed, Campos, Kim, Mar and Wiener Ordinance amending the Administrative Code to add Chapter 110 to establish the “San Francisco Right-of-Way Policy” to promote safety, tolerance, and harmony among all users of City Streets; make arrests and citations of bicyclists for failure to stop at a stop sign the lowest traffic enforcement priority, provided that the bicyclist first slows to a safe speed and yields the right-of-way to any other vehicle or pedestrian in the intersection; require quarterly reports from the Police Department on statistics related to traffic enforcement, injuries, and fatalities; urge the Municipal Transportation Agency to develop a program to educate the public about the Bicycle Yield Enforcement Policy; and require notification of state officials of this Ordinance. Duplicated from File No. 150943. Supervisor Avalos, seconded by Supervisor Campos, moved that this Ordinance be REFERRED to the Land Use and Transportation Committee. The motion carried by the following vote:

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

151082 [Health Code - Amendment to Sugar-Sweetened Beverage Warning Ordinance] Sponsors: Wiener; Mar Ordinance amending the Health Code by changing the exemption for permitted signs under Section 4203(d) of the Sugar-Sweetened Beverage Warning Ordinance to signs permitted on or before October 20, 2015. Supervisor Mar requested to be added as a co-sponsor. PASSED, ON FIRST READING by the following vote:

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

151198 [Interim Zoning Controls Six-Month Extension - Formula Retail Uses in the Castro Street Neighborhood Commercial District] Sponsor: Wiener Resolution extending, for an additional six-month period, interim zoning controls in the Castro Street Neighborhood Commercial District to require a Conditional Use authorization under Planning Code, Section 303.1, for a proposed use that has been determined to be Formula Retail, even if a project sponsor subsequently removes one or more distinguishing Formula Retail Use features from the project proposal; and affirming the Planning Department’s determination under the California Environmental Quality Act. Resolution No. 528-15 ADOPTED by the following vote:

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

151230 [Urging the California Public Utilities Commission to Reject Pacific Gas and Electric Company’s Proposed Increases to Net Energy Meeting Fees] Sponsors: Avalos; Breed, Campos, Mar and Farrell Resolution urging the California Public Utilities Commission to reject the Pacific Gas and Electric Company’s proposed increased fees to net energy metering program, and support alternatives that will minimize fees and ensure that customers receive a fair price for excess electricity they export to utilities. Supervisor Farrell requested to be added as a co-sponsor. Resolution No. 529-15 ADOPTED by the following vote:

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

151231 [Urging the California Public Utilities Commission to Re-Examine Fairness of Proposed Increase to Power Charge Indifference Adjustment] Sponsors: Avalos; Breed, Campos, Cohen, Farrell, Kim, Mar, Tang, Wiener and Yee Resolution urging the California Public Utilities Commission (“CPUC”) to reject the Pacific Gas and Electric Company’s proposed increase to the Power Charge Indifference Adjustment (“PCIA”) in Application 15-06-001 and support alternatives that will mitigate the impacts of proposed rate increases on Community Choice Aggregation (“CCA”) customers and prospective CCA customers; and to express support for the CPUC’s re-examination of how the PCIA is calculated and applied to CCA customers. Resolution No. 530-15 ADOPTED by the following vote:

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

151248 [Appointments, Cannabis State Legalization Task Force - Jesse Stout, Erich Pearson, Michelle Aldrich, Sara Payan, Jon Ballesteros, Barbara Fugate, Tom McElroy, Laura Thomas, Terrance Alan, Sarah Shrader, and Daisy Ozim] Motion appointing Jesse Stout, Erich Pearson, Michelle Aldrich, Sara Payan, Jon Ballesteros, Barbara Fugate, Tom McElroy, Laura Thomas, Terrance Alan, Sarah Shrader, and Daisy Ozim, terms ending August 31, 2016, to the Cannabis State Legalization Task Force. (Rules Committee) Motion No. M15-182 APPROVED by the following vote:

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

151262 [Closed Session - Existing Litigation - Pacific Gas and Electric Company] Sponsor: Breed Motion that the Board of Supervisors convene in closed session on January 12, 2016, pursuant to California Government Code, Section 54956.9(a), and San Francisco Administrative Code, Section 67.10(d)(1), for the purpose of conferring with, or receiving advice from, the City Attorney regarding the following existing litigation in which the City is a plaintiff, defendant, and petitioner and Pacific Gas and Electric Company is an adverse party: Federal Energy Regulatory Commission Case No. EL15-3-000, filed October 10, 2014; Federal Energy Regulatory Commission Case No. ER15-702-000, filed December 23, 2014; Federal Energy Regulatory Commission Case No. ER15-703-000, filed December 23, 2014; Federal Energy Regulatory Commission Case No. ER15-704-000, filed December 23, 2014; Federal Energy Regulatory Commission Case No. ER15-705-000, filed December 23, 2014; and Federal Energy Regulatory Commission Case No. ER15-735-000, filed December 23, 2014. Motion No. M15-188 APPROVED The foregoing items were acted upon by the following vote:

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