Board of Supervisors Minutes: January 12, 2016

151249 [Appointments, Park, Recreation, and Open Space Advisory Committee - Patricia Delgado, Robert Brust, and Richard Rothman] Motion appointing Patricia Delgado, Robert Brust, and Richard Rothman, terms ending February 1, 2017, to the Park, Recreation, and Open Space Advisory Committee. (Rules Committee) Motion No. M16-001 APPROVED The foregoing items were acted upon by the following vote:

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

Excused: Cohen

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. Supervisor Yee requested that File No. 150793 be DUPLICATED. City and County of San Francisco Page 3 Printed at 2:14 pm on 2/26/16 Board of Supervisors Meeting Minutes 1/12/2016 See Duplicated File No. 160019. Ordinance No. 002-16 FINALLY PASSED by the following vote:

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

Excused: Cohen

160019 [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. Duplicated from File No. 150793. Supervisor Yee, 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, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee

Excused: Cohen

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) Ordinance No. 003-16 FINALLY PASSED by the following vote:

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

Excused: Cohen

150943 [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. (Supervisor Cohen dissented in committee.) FINALLY PASSED by the following vote:

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

Noes: Farrell, Peskin, Tang, Yee

Excused: Cohen

151260 [Multifamily Housing Revenue Bonds - Alice Griffith Phase 3A Apartments Project - Not to Exceed $31,500,000] Sponsor: Cohen Resolution authorizing the issuance, sale and delivery of multifamily housing revenue bonds in an aggregate principal amount not to exceed $31,500,000 for the purpose of providing financing for the acquisition and construction of a 82-unit multifamily rental housing project known as Alice Griffith Phase 3A Apartments Project; approving the form of and authorizing the execution of a trust indenture providing the terms and conditions of the bonds; approving the form of and authorizing the execution of a regulatory agreement and declaration of restrictive covenants; approving the form of and authorizing the execution of a loan agreement; authorizing the collection of certain fees; approving modifications, changes and additions to the documents; ratifying and approving any action heretofore taken in connection with the bonds and the project, as defined herein; granting general authority to City officials to take actions necessary to implement this Resolution, as defined herein; and related matters. Resolution No. 001-16 ADOPTED by the following vote:

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

Excused: Cohen

rpose 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. (Clerk of the Board) The President inquired as to whether any member of the public wished to address the Board regarding the continuance of the closed session. Sylvia Johnson; spoke on various concerns regarding PG&E. The President declared public comment closed. Supervisor Avalos, seconded by Supervisor Farrell, moved that this Closed Session be CONTINUED to the Board of Supervisors meeting of January 26, 2016. The motion carried by the following vote:

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

Excused: Cohen

e a working group to plan for the permanent closure of County Jail Nos. 3 and 4, and any corresponding investments in new mental health facilities and current jail retrofits needed to uphold public safety and better serve at-risk individuals. Supervisor Avalos read into the record the following directives for the Working Group created by the Resolution, which the sponsor, Supervisor Breed, agreed to in principle: 1) the Department of Public shall take the lead; 2) the majority of the working group members (50%+1) shall represent community-based organizations; 3) formerly and currently incarcerated representatives be prioritized; 4) African-American representatives be prioritized, since they represent the disproportionate population within the detention system; 5) the selection process for the members of the working group be transparent; 6) the community representatives shall have decision-making powers and not just a representational presence; and 7) the draft initial report, due to the Board of Supervisors by March 31, 2016, shall be released two weeks prior to the due date to allow ample time for review, research, and feedback. Resolution No. 002-16 ADOPTED by the following vote:

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

Excused: Cohen

151287 [Supporting Proposed California State Ballot Initiative - “Safety for All Act of 2016”] Sponsors: Cohen; Wiener, Campos, Farrell and Breed Resolution supporting the proposed California State Ballot initiative, entitled the “Safety for All Act of 2016,” which will implement reasonable reforms and close loop-holes in California’s gun and ammunition laws. Supervisors Wiener and Campos requested to be added as co-sponsors. Supervisor Wiener, seconded by Supervisor Avalos, moved that this Resolution be CONTINUED to the Board of Supervisors meeting of January 26, 2016. The motion carried by the following vote:

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

Excused: Cohen

151288 [Approval of a 90-Day Extension for Planning Commission Review of an Ordinance to Re-Define Formula Retail to Include Subsidiaries (File No. 150731)] Sponsor: Mar Resolution extending by 90 days the prescribed time within which the Planning Commission may render its decision on an Ordinance (File No. 150731) amending the Planning Code to revise the definition of formula retail to include subsidiaries or affiliates of formula retail meeting certain criteria; affirming the Planning Department’s determination under the California Environmental Quality Act; making Planning Code, Section 302, findings; and making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. Supervisor Mar, seconded by Supervisor Kim, moved that this Resolution be TABLED. The motion carried by the following vote:

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

Excused: Cohen

151289 [Approval of a 45-Day Extension for Planning Commission Review to Allow an Existing Bar on the Ground Floor in the Upper Market Neighborhood Commercial Transit District (File No. 151084)] Sponsor: Wiener Resolution extending by 45 days the prescribed time within which the Planning Commission may render its decision on an Ordinance (File No. 151084) amending the Planning Code to allow an existing bar on the ground floor in the Upper Market Street Neighborhood Commercial Transit District to expand to the second floor under specified circumstances with a Conditional Use Authorization; 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, and findings of public necessity, convenience, and welfare under Planning Code, Section 302. Resolution No. 003-16 ADOPTED by the following vote:

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

Excused: Cohen

151285 [Budget and Legislative Analyst Review of Super Bowl 50 Revenue and Expenditures] Sponsors: Avalos; Cohen, Kim, Peskin and Campos Motion directing the Budget and Legislative Analyst to conduct a review of the City’s revenues and expenditures associated with hosting events related to Super Bowl 50. Supervisor Campos requested to be added as a co-sponsor. Motion No. M16-002 APPROVED by the following vote:

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

Excused: Cohen

160010 [Final Map 7773 - 2655 Bush Street] Motion approving Final Map 7773, a lot merger and two-lot airspace subdivision, parcel A being 81 residential units and parcel B being three commercial units, mixed-use Condominium Project, located at 2655 Bush Street, being a subdivision of Assessor’s Block No. 1024, Lot No. 024; and adopting findings pursuant to the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Public Works) Motion No. M16-003 APPROVED by the following vote:

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

Excused: Cohen

160011 [Final Map 8284 - 1580 Lombard Street] Motion approving Final Map 8284, a six residential unit Condominium Project, located at 1580 Lombard Street, being a subdivision of Assessor’s Block No. 0497, Lot No. 007A; and adopting findings pursuant to the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Public Works) Supervisor Yee, seconded by Supervisor Tang, moved that this Motion be CONTINUED to the Board of Supervisors meeting of January 26, 2016. The motion carried by the following vote:

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

Excused: Cohen

160020 [Beatrice Cardenas-Duncan Day - January 12, 2016] Sponsor: Mar Resolution commending Beatrice Cardenas-Duncan on the occassion of her retirement as Shape Up San Francisco Coalition Co-Chair, and declaring January 12, 2016, as Beatrice Cardenas-Duncan Day in the City and County of San Francisco. The President inquired as to whether any member of the public wished to address the Board relating to Beatrice Cardenas-Duncan Day as referenced in File No. 160020. Sylvia Johnson shared various concerns with the Board. The President declared public comment closed. Resolution No. 004-16 ADOPTED by the following vote:

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

Excused: Cohen