Board of Supervisors Minutes: February 2, 2016

151105 [Administrative Code - Graffiti Advisory Board Membership] Sponsor: Breed Ordinance amending the Administrative Code to modify the composition of the Graffiti Advisory Board, renumber code sections, and establish a sunset date of three years from the effective date of this Ordinance. Ordinance No. 011-16 FINALLY PASSED The foregoing items were acted upon by the following vote:

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

150822 [Urging the Establishment of a Local Match Commitment to the National Housing Trust Fund] Sponsor: Mar Resolution urging the establishment of a local match commitment to the National Housing Trust Fund, and urging Senators Barbara Boxer and Dianne Feinstein and Representative Nancy Pelosi to further support the National Housing Trust Fund with expanded sources of revenue. Resolution No. 033-16 ADOPTED by the following vote:

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

E Architecture & Design as a Subcontractor to serve as the Project Architect, and Charles Pankow Builders, Ltd. as a Subcontractor to serve as General Contractor, without competitive bidding; authorizing the jurisdictional transfer of 1800 Jerrold Street, from General Services Agency’s Office of Contract Administration (“OCA”) to the SFPUC Wastewater Enterprise, and the jurisdictional transfer of 555 Selby Street and 1975 Galvez Avenue, and the leasehold of 450 Toland Street, from the SFPUC to OCA, subject to the terms and conditions of the Memorandum of Understanding entered into between the RED, OCA and SFPUC; and finding the proposed transactions are in conformance with the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Fiscal Impact) Privilege of the floor was granted unanimously to Harlan Kelly, Jr., Director (Public Utilities Commission), John Updike, Director (Real Estate Division), Harvey Rose, Budget and Legislative Analyst (Office of the Budget and Legislative Analyst), and Juan-Carlos Wallace and John Ramsbacher (Oryx Partners LLC), who responded to questions raised throughout the discussion. PASSED ON FIRST READING by the following vote:

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

Noes: Avalos, Campos, Peskin

160021 [Appropriation - Transfer from Wastewater Enterprise Funds to City Administrator to Implement the Central Shops Relocation Project - $62,200,000 - FYs 2015-2016 and 2016-2017] Sponsor: Mayor Ordinance appropriating a $62,200,000 transfer from Public Utilities Commission Wastewater Enterprise Funds to the City Administrator the Central Shops Relocation Project in FYs 2015-2016 and 2016-2017, and placing $45,000,000 on Budget and Finance Committee reserve. (Fiscal Impact) Privilege of the floor was granted unanimously to Harlan Kelly, Jr., Director (Public Utilities Commission), John Updike, Director (Real Estate Division), Harvey Rose, Budget and Legislative Analyst (Office of the Budget and Legislative Analyst), and Juan-Carlos Wallace and John Ramsbacher (Oryx Partners LLC), who responded to questions raised throughout the discussion. PASSED ON FIRST READING by the following vote:

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

Noes: Avalos, Campos, Peskin

151011 [Accept and Expend Grant - Federal Emergency Management Agency - Purchase Five Ambulances - $780,664] Sponsor: Breed Resolution retroactively authorizing the San Francisco Fire Department to accept and expend a grant in the amount of $780,664 from the Federal Emergency Management Agency to purchase five ambulances, over the period of August 6, 2015, through August 5, 2016. Resolution No. 035-16 ADOPTED by the following vote:

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

151012 [Accept Gift - Broderick Fire Engine - Allianz Global Corporate & Specialty North America - $123,000] Sponsor: Farrell Resolution authorizing the San Francisco Fire Department to accept a gift of a Worth-Built Hand Pumped Fire Engine (“Broderick Fire Engine”) from Fireman’s Fund Insurance Company and Allianz Global Risks US Insurance Company, also known as Allianz Global Corporate & Specialty North America, valued at $123,000 for use by the San Francisco Fire Department Museum. Resolution No. 036-16 ADOPTED by the following vote:

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

151167 [Contract Amendment - Addiction, Research and Treatment, dba BAART - Behavioral Health Services - Not-to-Exceed $51,359,308] Resolution retroactively approving amendment number three to the Department of Public Health contract for behavioral health services with Addiction, Research and Treatment doing business as BAART to extend the contract by three years, from July 1, 2010, through June 30, 2015, to July 1, 2015, through June 30, 2018, with a corresponding increase of $25,316,243 for a total amount not-to-exceed $51,359,308. (Public Health Department) (Fiscal Impact) Resolution No. 037-16 ADOPTED by the following vote:

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

151216 [Agreement Amendment - Hellmuth, Obata & Kassabaum, Inc. - Traffic Company and Forensic Services Division Facility - Earthquake Safety and Emergency Response Bond Program - Not-to-Exceed $11,862,305] Resolution authorizing the Director of Public Works to execute an amendment to the Agreement between the City and County of San Francisco and Hellmuth, Obata & Kassabaum, Inc., to furnish architectural and engineering design and related other consulting services for the Traffic Company and Forensic Services Division Facility under the Earthquake Safety and Emergency Response bond program, and increasing the not-to-exceed amount from $993,952 to $11,862,305. (Public Works) (Fiscal Impact) Resolution No. 038-16 ADOPTED by the following vote:

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

151237 [Castro/Upper Market Community Benefit District - FY2013-2014 Annual Report to the City] Sponsor: Wiener Resolution receiving and approving an annual report for the Castro/Upper Market Community Benefit District for FY2013-2014, submitted as required by the Property and Business Improvement District Law of 1994 (California Streets and Highways Code, Sections 36600, et seq.), Section 36650, and the District’s Management Agreement with the City, Section 3.4. Resolution No. 040-16 ADOPTED by the following vote:

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

151284 [Ocean Avenue Community Benefit District - Annual Reports to the City - FYs 2011-2014] Sponsor: Yee Resolution receiving and approving annual reports for the Ocean Avenue Community Benefit District for FYs 2011-2014, submitted as required by the Property and Business Improvement District Law of 1994 (California Streets and Highways Code, Sections 36600, et seq.), Section 36650, and the District’s management agreement with the City, Section 3.4. Resolution No. 041-16 ADOPTED by the following vote:

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

150914 [Planning Code - Affordable Housing as Principal Use] Sponsors: Wiener; Farrell Ordinance amending the Planning Code to provide administrative review of affordable housing, permitting it as a principal use, and not requiring a Planning Commission hearing, with certain exceptions; affirming the Planning Department’s determination under the California Environmental Quality Act; making public necessity, convenience, and general welfare findings under Planning Code, Section 302; and making 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, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener

Noes: Yee

151079 [Building Code - Definition of Vacant or Abandoned Buildings] Sponsor: Tang Ordinance amending the Building Code to provide that a building in probate shall not be considered vacant or abandoned for purposes of the annual registration requirement for a period not to exceed two years if it complies with all codes and does not contribute to blight; and affirming the Planning Department’s determination under the California Environmental Quality Act. PASSED, ON FIRST READING by the following vote:

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

151229 [Administrative Code - Notice to Tenants in Event of Eviction] Sponsor: Tang Ordinance amending the Administrative Code to provide notice to tenants facing eviction regarding eligibility for City affordable housing programs. PASSED, ON FIRST READING by the following vote:

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

150973 [Police Code - Storage of Firearms in Motor Vehicles] Sponsors: Campos; Mar, Yee, Breed, Farrell, Cohen, Kim and Avalos Ordinance amending the Police Code to prohibit any person from placing, storing, or leaving a firearm in an unattended motor vehicle unless it is in a lock box or in the locked trunk of the motor vehicle. Supervisors Kim and Avalos 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

151227 [Administrative Code - Equal Pay Advisory Board Reporting Deadlines and Sunset Date] Sponsor: Campos Ordinance amending the Administrative Code to revise reporting deadlines regarding equal pay reports, and extending the sunset date of the Equal Pay Advisory Board by nine months to July 2, 2018. PASSED, ON FIRST READING by the following vote:

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

150904 [Liquor License Transfer - 282-2nd Street] Resolution determining that the transfer of a Type 21 off-sale general license from 246-B Street to 282-2nd Street (District 6), to Oussama Mannaa, for Soma Wines and Spirits, Inc., dba Soma Wines and Spirits, 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. 034-16 ADOPTED by the following vote:

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

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) Motion No. M16-011 APPROVED The foregoing items were acted upon by the following vote:

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

160079 [Urging California State Lawmakers to Authorize Automated Speed Enforcement in the City and County of San Francisco] Sponsors: Mar; Yee, Kim and Avalos Resolution urging the California State Legislature and Governor to pass legislation authorizing the use of Automated Speed Enforcement technology in the City and County of San Francisco. Supervisors Kim and Avalos requested to be added as co-sponsors. Resolution No. 046-16 ADOPTED by the following vote:

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

160036 [Calling from Committee - Committee of the Whole - Charter Amendment (File No. 151274) - February 23, 2016] Sponsor: Kim Motion scheduling the Board of Supervisors to sit as a Committee of the Whole on February 23, 2016, at 3:00 p.m., to hold a public hearing to consider a proposed Charter Amendment (File No. 151274) authorizing the Board of Supervisors to update the inclusionary or affordable housing obligations for housing development projects and setting forth increased interim requirements, to be proposed to the voters at the June 7, 2016, election. Privilege of the floor was granted unanimously to Jon Givner (Office of the City Attorney) who responded to questions raised throughout the discussion. Supervisor Kim, seconded by Supervisor Peskin, moved that this Motion be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE, by striking the waiver of Board Rule 3.26, and adding language to call the Charter Amendment (File No. 151274) from the Rules Committee pursuant to Board of Supervisors Rule 3.37. The motion carried by the following vote:

Ayes: Avalos, Campos, Kim, Mar, Peskin, Yee

Noes: Breed, Cohen, Farrell, Tang, Wiener

Motion calling from the Rules Committee, pursuant to Board's Rules of Order 3.37, the proposed Charter Amendment (File No. 151274) authorizing the Board of Supervisors to update the inclusionary or affordable housing obligations for housing development projects and setting forth increased interim requirements, to be proposed to the voters at the June 7, 2016, election; and scheduling the Board of Supervisors to sit as a Committee of the Whole on February 23, 2016, at 3:00 p.m., to hold a public hearing to consider the proposed Charter Amendment. Supervisor Kim, seconded by Supervisor Peskin, moved that the Motion be CONTINUED AS AMENDED to the Board of Supervisors meeting of February 9, 2016. Before the roll was called, Supervisor Wiener moved that the Motion be Tabled, which took precedence over the Motion to Continue as Amended. Supervisor Wiener, seconded by Supervisor Cohen, moved that this Motion be TABLED. The motion FAILED by the following vote:

Ayes: Breed, Cohen, Farrell, Tang, Wiener

Noes: Avalos, Campos, Kim, Mar, Peskin, Yee

Supervisor Kim, seconded by Supervisor Peskin, moved that this Motion be CONTINUED AS AMENDED to the Board of Supervisors meeting of February 9, 2016. The motion carried by the following vote:

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

160099 [Diamond Dave Whitaker Day - February 2, 2016] Sponsor: Avalos Resolution commending Diamond Dave Whitaker for his contributions to the arts, culture, social well-being, and peace, and declaring February 2, 2016, as Diamond Dave Whitaker 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 Diamond Dave Whitaker Day, as referenced in File No. 160099. Sylvia Johnson; shared various experience regarding Diamond Dave Whitaker. The President declared public comment closed. Resolution No. 048-16 ADOPTED by the following vote:

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