Board of Supervisors Minutes: February 9, 2016

160057 [Appointment, San Francisco Health Authority - Joseph David Woods] Motion appointing Joseph David Woods, term ending January 15, 2018, to the San Francisco Health Authority. (Rules Committee) Motion No. M16-014 APPROVED The foregoing items were acted upon 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. Supervisor Tang, seconded by Supervisor Farrell, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE, on Page 1, Lines 4 through 6, by striking 'and to modify vacancy control requirements applicable to certain agreements with governmental agencies', Lines 20 through 21, by adding ‘for the next five years from the termination’, and Page 1, Line 23, through Page 2, Line 1, by striking ‘This rent limitation shall apply for the next five years from the termination where the landlord has terminated the tenancy as stated in subsections (1) or (2), and for the next three years from the termination where the landlord has terminated the tenancy as stated in subsection (3).’ The motion carried by the following vote:

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

FINALLY PASSED AS AMENDED 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 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. Motion No. M16-015 APPROVED by the following vote:

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

ncisco Public Utilities Commission (“SFPUC”) Wastewater Enterprise funds; exempting the project from certain contracting requirements in Administrative Code, Chapter 6, by waiving the requirements of Administrative Code, Sections 6.61(b) and 6.61(c)(1) - (4), and approving the selection of Oryx Development I, LLC as Developer, and Developer’s selection of FM&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) Ordinance No. 008-16 FINALLY PASSED 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) Ordinance No. 021-16 FINALLY PASSED by the following vote:

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

Noes: Avalos, Campos, Peskin

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. Supervisor Farrell requested to be added as a co-sponsor. Ordinance No. 007-16 FINALLY PASSED by the following vote:

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

151259 [Administrative Code - City-Owned Fiber-Optic Facilities] Sponsors: Farrell; Mar Ordinance amending the Administrative Code to require the Department of Technology to gather information from City departments concerning City-owned fiber-optic facilities; and to require the Public Utilities Commission to consider and approve any future expansion of City-owned fiber-optic facilities. (Fiscal Impact) PASSED, ON FIRST READING by the following vote:

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

151278 [Agreement Amendment - AT&T Corporation - Telecommunications Services - Not to Exceed $122,429,557] Sponsor: Farrell Ordinance retroactively authorizing the Department of Technology and the Department of Contract Administration to enter into the Third Amendment of an Agreement between the City and the AT&T Corporation, for the City’s telecommunications services, by extending the term of the agreement for an additional five years through December 31, 2020, and increasing the total not-to-exceed amount of the agreement from $97,953,700 to $122,429,557. (Fiscal Impact) Privilege of the floor was granted unanimously to Harvey Rose (Office of the Budget and Legislative Analyst) who responded to questions raised throughout the discussion. PASSED, ON FIRST READING by the following vote:

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

151145 [Adopting a Fixed Two-Year Budget - Various City Departments - FYs 2016-2017 and 2017-2018] Sponsors: Mayor; Farrell and Tang Resolution adopting a fixed two-year budgetary cycle for the following various City departments: Airport; Child Support Services; Employees’ Retirement System; Port; Public Library; Public Utilities Commission; defining terms; and setting deadlines. Privilege of the floor was granted unanimously to Harvey Rose (Office of the Budget and Legislative Analyst) and Todd Rydstrom (Office of the City Controller) who responded to questions raised throughout the discussion. Supervisor Avalos, seconded by Supervisor Peskin, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE, by striking the Employees' Retirement System and the Public Library. The motion carried by the following vote:

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

Resolution adopting a fixed two-year budgetary cycle for the following various City departments: Airport; Child Support Services; Port; Public Utilities Commission; defining terms; and setting deadlines. Resolution No. 049-16 ADOPTED AS AMENDED by the following vote:

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

160027 [Accept and Expend Grant - State of California, Department of Parks and Recreation - Boating Safety and Enforcement Equipment - FY2015-2016 - $77,000] Sponsor: Farrell Resolution retroactively authorizing the San Francisco Police Department (SFPD) to accept and expend a grant in the amount of $77,000 from the State of California, Department of Parks and Recreation, Division of Boating and Waterways, to procure equipment and gear for the SFPD Marine Unit, for the 15-year period of October 1, 2015, through September 30, 2030. Resolution No. 052-16 ADOPTED by the following vote:

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

151251 [Administrative Code - Water Efficient Irrigation] Sponsors: Wiener; Farrell Ordinance amending the Administrative Code by revising the applicability threshold to 500 square feet for requirements for the development and maintenance of landscape irrigation controls for specified new construction landscapes and landscape rehabilitation projects. Supervisor Farrell 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

151281 [Interim Zoning Controls - Additional Design Standards for Large Projects Within the Showplace Square, Potrero Hill, and Central Waterfront Area Plans] Sponsor: Cohen Resolution imposing interim controls to require that the Planning Commission consider additional design standards for projects in the Showplace Square, Potrero Hill, and Central Waterfront Area Plans receiving a Large Project Authorization; and affirming the Planning Department’s determination under the California Environmental Quality Act. (Pursuant to Planning Code, Section 306.7(b), failure of the Board of Supervisors to act on a proposed interim control within 120 days of its initiation shall be deemed to constitute disapproval. Introduction Date: December 15, 2015.) Resolution No. 051-16 ADOPTED by the following vote:

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

150940 [Charter Amendment - Park, Recreation and Open Space Fund] Sponsors: Farrell; Mar, Wiener, Yee, Breed, Cohen and Avalos Charter Amendment (Fourth Draft) to amend the Charter of the City and County of San Francisco to require an annual baseline appropriation for the Park, Recreation and Open Space Fund based on City spending for park and recreation purposes in FY2015-2016, extend the annual set-aside and the baseline appropriation for 15 years to FY2045-2046, and modify the Recreation and Park Department’s planning obligations to include equity analysis and Board of Supervisors review, at an election to be held on June 7, 2016. Supervisor Farrell, seconded by Supervisor Mar, moved that this Charter Amendment be CONTINUED to the Board of Supervisors meeting of February 23, 2016. The motion carried by the following vote:

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

160015 [Appointment, Entertainment Commission - Laura Thomas] Motion appointing Joaquin Castillo Arana, term ending July 1, 2017, to the Entertainment Commission. (Rules Committee) Supervisor Kim, seconded by Supervisor Avalos, moved that this Motion be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE, by striking 'Joaquin Castillo Arana' and adding 'Laura Thomas.' The motion carried by the following vote:

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

Noes: Cohen, Farrell, Tang, Wiener

Motion appointing Laura Thomas, term ending July 1, 2017, to the Entertainment Commission. (Rules Committee) Motion No. M16-016 APPROVED AS AMENDED by the following vote:

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

160058 [Appointment, Children and Families First Commission - Zea Malawa] Motion appointing Zea Malawa, term ending April 29, 2018, to the Children and Families First Commission. (Rules Committee) Motion No. M16-017 APPROVED by the following vote:

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

160059 [Appointment, Veterans Affairs Commission - Scott Joiner] Motion appointing Scott Joiner, term ending January 31, 2019, to the Veterans Affairs Commission. (Rules Committee) Motion No. M16-018 APPROVED by the following vote:

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

al exemption from environmental review under the California Environmental Quality Act issued by the Planning Department on October 22, 2015, and approved by the San Francisco Municipal Transportation Agency on November 17, 2015, for the proposed Commuter Shuttle Permit Program. (Appellant: Rebecca L. Davis, on behalf of the Coalition for Fair, Legal and Environmental Transit, Sue Vaughan, and Robert Planthold) (Filed December 17, 2015). (Clerk of the Board) The President opened the public hearing and inquired as to whether any member of the public wished to address the Board relating to a proposed continuance by the appellant and project sponsor. Tom Gilberty; Erin McElroy; Ella Benhagai; Susan Vaughan; Ariana Casanova (SEIU 1021); Edward Nation; Francisco Da Costa; spoke in support of the continuance. Jaime Javier; Deepa Varma; spoke in opposition to the continuance. Silvia Johnson; shared various concerns. There were no other speakers. The President declared public comment on the continuance closed. Supervisor Campos, seconded by Supervisor Yee, moved that this Hearing be CONTINUED to the Board of Supervisors meeting of February 23, 2016. The motion carried by the following vote:

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

Noes: Farrell, Tang, Wiener

151270 [Affirming Categorical Exemption Determination - Proposed Commuter Shuttle Permit Program] Motion affirming the determination by the Planning Department that the proposed San Francisco Municipal Transportation Agency Commuter Shuttle Permit Program is categorically exempt from environmental review. (Clerk of the Board) Supervisor Campos, seconded by Supervisor Yee, moved that this Motion be CONTINUED to the Board of Supervisors meeting of February 23, 2016. The motion carried by the following vote:

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

Noes: Farrell, Tang, Wiener

151271 [Reversing the Categorical Exemption Determination - Proposed Commuter Shuttle Permit Program] Motion reversing the determination by the Planning Department that the proposed San Francisco Municipal Transportation Agency Commuter Shuttle Permit Program is categorically exempt from environmental review. (Clerk of the Board) Supervisor Campos, seconded by Supervisor Yee, moved that this Motion be CONTINUED to the Board of Supervisors meeting of February 23, 2016. The motion carried by the following vote:

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

Noes: Farrell, Tang, Wiener

151272 [Preparation of Findings to Reverse the Categorical Exemption Determination - Proposed Commuter Shuttle Permit Program] Motion directing the Clerk of the Board to prepare findings reversing the determination by the Planning Department that the proposed San Francisco Municipal Transportation Agency Commuter Shuttle Permit Program is categorically exempt from environmental review. (Clerk of the Board) Supervisor Campos, seconded by Supervisor Yee, moved that this Motion be CONTINUED to the Board of Supervisors meeting of February 23, 2016. The motion carried by the following vote:

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

Noes: Farrell, Tang, Wiener

ng purposes; finding that the estimated cost of $350,000,000 for such improvements is and will be too great to be paid out of the ordinary annual income and revenue of the City and County and will require incurring bonded indebtedness; finding that a portion of the proposed bond is not a project under the California Environmental Quality Act ("CEQA") and adopting findings under CEQA, CEQA Guidelines, and San Francisco Administrative Code, Chapter 31, for the remaining portion of the proposed bond; finding the proposed bond is in conformity with the priority policies of Planning Code, Section 101.1(b), and with the General Plan consistency requirement of Charter, Section 4.105, and Administrative Code, Section 2A.53; and waiving the time limits set forth in Administrative Code, Section 2.34. (Economic Impact) (Fiscal Impact) Privilege of the floor was granted unanimously to Sam Dodge, Director (Mayor’s Office of Housing Opportunity, Partnerships & Engagement), Brian Strong, Director (Capital Planning Program), and Nadia Sesay, Director (Mayor’s Office of Public Finance), who responded to questions raised throughout the discussion. Resolution No. 050-16 ADOPTED by the following vote:

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

Noes: Peskin

s in conformity with the eight priority policies of Planning Code, Section 101.1(b), and with the General Plan, consistency requirement of Charter, Section 4.105, and Administrative Code, Section 2A.53; consolidating the special election with the general election; establishing the election precincts, voting places and officers for the election; waiving the word limitation on ballot propositions imposed by Municipal Elections Code, Section 510; complying with the restrictions on the use of bond proceeds specified in California Government Code, Section 53410; incorporating the provisions regarding the Citizens’ Bond Oversight Committee in Administrative Code, Sections 5.30-5.36; and waiving the time requirements specified in Administrative Code, Section 2.34. (Fiscal Impact) Privilege of the floor was granted unanimously to Sam Dodge, Director (Mayor’s Office of Housing Opportunity, Partnerships & Engagement), Brian Strong, Director (Capital Planning Program), and Nadia Sesay, Director (Mayor’s Office of Public Finance), who responded to questions raised throughout the discussion. Supervisor Farrell requested to be added as a co-sponsor. PASSED ON FIRST READING by the following vote:

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

Noes: Peskin

ct, Including Illegal Units; Permeable Surfaces and Landscaping Requirements Citywide for Building Additions and Residential Mergers] Sponsor: Avalos Ordinance amending the Planning Code to require Conditional Use authorization for the removal of any residential unit (whether legal or illegal) and compliance with landscaping and permeable surfaces requirements for building additions and residential mergers, and to exempt from the Conditional Use application requirement illegal units where there is no legal path for legalization and residential units that have received prior Planning approval; amending the Building Code to require that notices of violation mandate legalization of an illegal unit unless infeasible under the Building Code or the Planning Commission approves its removal, and requiring re-issuance of unabated notices of violation to include the new requirement; affirming the Planning Department’s determination under the California Environmental Quality Act; and making findings of consistency with the General Plan, Planning Code, Section 302, and the eight priority policies of Planning Code, Section 101.1. (Economic Impact) PASSED, ON FIRST READING by the following vote:

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

160108 [Calling Special Election for San Francisco Bay Restoration Authority Parcel Tax - Measure AA - $12 per Year] Sponsors: Breed; Wiener Resolution calling and providing for a special election on behalf of the San Francisco Bay Restoration Authority for Measure AA to impose a parcel tax of $12 per year for 20 years, and directing the Director of Elections to conduct the special election. Resolution No. 053-16 ADOPTED by the following vote:

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