Board of Supervisors Minutes: February 23, 2016

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. Ordinance No. 024-16 FINALLY PASSED The foregoing items were acted upon by the following vote:

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

bonds and providing for the levy and collection of taxes to pay both principal and interest; prescribing notice to be given of such election; adopting findings under the California Environmental Quality Act ("CEQA"), CEQA Guidelines, and Administrative Code, Chapter 31; finding that the proposed bond is 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) Supervisor Mar requested to be added as a co-sponsor. Ordinance No. 022-16 FINALLY PASSED by the following vote:

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

Noes: Peskin

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. ORDERED SUBMITTED by the following vote:

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

Noes: Peskin, Tang

s easements and one permanent subsurface easement for water utility purposes from John Daly Boulevard Associates, L.P., a California limited partnership, Monarch Ventures, L.P., a California limited partnership, and Wilbak Investments, L.P., a California limited partnership, for $78,185 to be used by the City and County of San Francisco under the Water System Improvement Program for the access, installation, modification, removal, inspection, maintenance, repair, replacement, periodic scheduled maintenance, emergency repairs, and construction of the project known as the Regional Groundwater Storage and Recovery Project, Project No. CUW30103; adopting findings under the California Environmental Quality Act; adopting findings that the conveyance is consistent with the General Plan, and the eight priority policies of Planning Code, Section 101.1; and approving the Agreement and authorizing the Director of Property and/or the San Francisco Public Utilities Commission General Manager to execute documents, make certain modifications, and take certain actions in furtherance of this Resolution, as defined herein. (Real Estate Department) Resolution No. 062-16 ADOPTED by the following vote:

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

160045 [Agreement Amendment - Hatch Mott MacDonald - Construction Management Services - New Irvington Tunnel Project - Not to Exceed $20,500,000] Resolution authorizing the General Manager of the San Francisco Public Utilities Commission to execute Amendment No. 3 to Agreement No. CS-918, New Irvington Tunnel Project - Construction Management Services with Hatch Mott MacDonald, to continue providing construction management services for the final construction and close-out of the tunnel, increasing the agreement by $1,000,000 for a total agreement amount not to exceed $20,500,000 and with a time extension of three months, for a total agreement duration of seven years and three months from August 1, 2009, through October 31, 2016, pursuant to Charter, Section 9.118. (Public Utilities Commission) (Fiscal Impact) Resolution No. 063-16 ADOPTED by the following vote:

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

160066 [Subordination Agreement - Seismic and Safety Loan Program - HealthRight 360 - 890 Hayes Street and 214 Haight Street - $8,500,000] Sponsors: Mayor; Kim and Breed Resolution authorizing the subordination of two existing Seismic and Safety Loan Program loans, secured in part by real property commonly known as 890 Hayes Street and 214 Haight Street, to a new loan from the Nonprofit Finance Fund to HealthRight 360 in the amount of $8,500,000 for the construction of HealthRight 360’s new headquarters and clinic located at 1563 Mission Street. (Fiscal Impact) Resolution No. 054-16 ADOPTED by the following vote:

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

Noes: Peskin

160068 [Paratransit Broker Agreement Amendment - Transdev Services, Inc. - Not to Exceed $125,443,773] Sponsor: Campos Resolution approving Amendment No. 6 to the Paratransit Broker Agreement with Transdev Services, Inc., to continue providing paratransit broker services to administer the City’s Paratransit Program, and increase the amount of the contract by $6,844,063 to a total amount not to exceed $125,443,773 for the term of April 1, 2010, through June 30, 2016. (Fiscal Impact) Resolution No. 065-16 ADOPTED by the following vote:

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

160069 [Real Property Acquisition - 1101 Connecticut Street - San Francisco Unified School District - $1,800,000] Sponsor: Cohen Resolution authorizing the acquisition of real property from the San Francisco Unified School District located at 1101 Connecticut Street, near the intersection of Connecticut Street and 25th Street, in order to further the General Plan priority of preserving and enhancing the supply of affordable housing, for the purchase price of $1,800,000. (Fiscal Impact) Resolution No. 055-16 ADOPTED by the following vote:

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

160071 [Accept and Expend Grant - State of California Department of Housing and Community Development - Housing-Related Parks Program Grant - $2,686,325] Sponsor: Farrell Resolution retroactively authorizing the Recreation and Park Department to accept and expend a grant in the amount of $2,686,325 from the State of California Department of Housing and Community Development to fund Housing Related Parks Projects identified in Exhibit A of the Grant Standard Agreement for the period of October 9, 2015, through June 30, 2017; and delegating authority to the General Manager of the Recreation and Park Department to reallocate funds among approved projects where necessary to maximize City recovery from the Grant during the eligible expenditure period. Resolution No. 066-16 ADOPTED by the following vote:

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

160075 [Contract Amendment - Children's Council of San Francisco - Preschool for All Program - Not to Exceed $74,390,567] Sponsors: Tang; Mar Resolution retroactively approving the sixth contract amendment with the Children's Council of San Francisco to manage the Preschool for All Program subsidies to eligible children of the City, and increasing the not to exceed amount from $47,326,791 to $74,390,567 for the period of July 1, 2012, to June 30, 2016. (Fiscal Impact) Supervisor Mar requested to be added as a co-sponsor. Resolution No. 069-16 ADOPTED by the following vote:

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

150936 [Donation of Obsolete Ambulance to San Francisco Unified School District] Sponsor: Breed Resolution authorizing the Fire Department to donate an obsolete ambulance to the San Francisco Unified School District’s Health Academy at Galileo High School. Resolution No. 057-16 ADOPTED by the following vote:

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

150937 [Donation of Retired Fire Engine to City College of San Francisco] Sponsor: Breed Resolution authorizing the Fire Department to donate a retired fire engine to the City College of San Francisco Fire Academy Program. Resolution No. 058-16 ADOPTED by the following vote:

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

151147 [Accept Gift - Mr. and Mrs. Bernard Osher - Donation for Purchase of Two New Ambulances - $350,000] Sponsor: Breed Resolution authorizing the San Francisco Fire Department to accept a gift in the amount of $350,000 from Mr. and Mrs. Bernard Osher specifically for the purchase of two new ambulances by the San Francisco Fire Department. Resolution No. 061-16 ADOPTED by the following vote:

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

160067 [Mission Miracle Mile Business Improvement District - Annual Reports to the City - Calendar Years 2010-2015] Sponsor: Campos Resolution receiving and approving annual reports for the Mission Miracle Mile Business Improvement District for calendar years 2010-2015, 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. 064-16 ADOPTED by the following vote:

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

160072 [Lower Polk Community Benefit District - Annual Report to the City - FY2014-2015] Sponsor: Peskin Resolution receiving and approving an annual report for the Lower Polk Community Benefit District for FY2014-2015, 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. 067-16 ADOPTED by the following vote:

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

160073 [Greater Union Square Business Improvement District - Annual Report to the City - FY2014-2015] Sponsor: Peskin Resolution receiving and approving an annual report for the Greater Union Square Business Improvement District for FY2014-2015, 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. 068-16 ADOPTED by the following vote:

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

that filed development or environmental applications on or before July 21, 2015, but that have not yet received approvals, to pay the Transportation Sustainability Fee with a partial refund; 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. Supervisors Campos and Mar requested to be added as co-sponsors. Supervisor Avalos, seconded by Supervisor Campos, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 3, Lines 2 through 3, by striking ‘Ordinance No.’ and adding ‘the Ordinance in Board File No. 151257’, Line 5, by striking ‘(1)’ and adding ‘(A)’, Line 7, by striking ‘(2)’ and adding ‘(B)’, and Lines 12 through 13, by striking ‘Ordinance No.’ and adding ‘the Ordinance in Board File No. 151257’; and Page 4, Lines 3 through 24, by adding a table to clarify the different applicability scenarios for projects that are in the approval process. The motion carried by the following vote:

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

PASSED ON FIRST READING AS AMENDED by the following vote:

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

Noes: Breed, Cohen, Farrell, Tang, Wiener

151228 [Administrative Code - Special Law Enforcement Services (“10B Officers”)] Sponsors: Campos; Farrell, Avalos and Breed Ordinance amending the Administrative Code to require event organizers seeking additional Police Department personnel (“10B officers”) and equipment for law enforcement purposes to include a request for approval of alcohol license application, if applicable, and a security plan with the request for those services; require the Department to respond to the request for services, and provide a staffing plan if the response is favorable, at least 90 days before the event if the request was received at least 125 days before the event; require the Chief of Police to reconsider denials and staffing plans if so requested; and require the Department after the event to provide to the event organizer and the Entertainment Commission a written report reviewing the use of 10B officers at the event and the costs of the event. Supervisor Breed 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

160034 [Initiative Ordinance - Administrative Code - Paid Sick Leave Ordinance Amendments] Sponsors: Mayor; Breed, Mar, Farrell, Peskin, Tang, Kim, Yee, Wiener, Campos, Cohen and Avalos Motion ordering submitted to the voters an Ordinance amending the Administrative Code to revise the City’s Paid Sick Leave Ordinance (PSLO) to include protections for employees under the PSLO that largely parallel recent State law enactments pertaining to paid sick leave, primarily the Healthy Workplaces, Healthy Families Act of 2014, as amended, at an election to be held on June 7, 2016. Motion No. M16-019 APPROVED by the following vote:

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

151005 [Administrative Code - Extending Single Room Occupancy Task Force] Sponsors: Yee; Mar Ordinance amending the Administrative Code to codify the Single Room Occupancy Task Force and extend its sunset date by three years to December 31, 2018. PASSED, ON FIRST READING by the following vote:

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

160111 [Confirming Appointment, Port Commission - Eleni Kounalakis] Sponsors: Mayor; Mar Motion confirming the mayoral appointment of Eleni Kounalakis to the Port Commission, term ending May 1, 2016. Supervisor Mar requested to be added as a co-sponsor. Motion No. M16-020 APPROVED by the following vote:

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

160113 [Appointment, Small Business Commission - William Ortiz-Cartagena] Motion reappointing William Ortiz-Cartagena, term ending January 6, 2020, to the Small Business Commission. (Rules Committee) Motion No. M16-021 APPROVED by the following vote:

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

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 Kim, moved that this Motion be TABLED. The motion carried by the following vote:

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

Absent: Mar

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 Kim, moved that this Motion be TABLED. The motion carried by the following vote:

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

Absent: Mar

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 Kim, moved that this Motion be TABLED. The motion carried by the following vote:

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

Absent: Mar

70 - Historic Core) and adopting an Infrastructure Financing Plan (IFP) (including Appendix G-1) for City and County of San Francisco Infrastructure Financing District No. 2 (Port of San Francisco); approving a Tax Administration Agreement; affirming the Planning Department’s determination under the California Environmental Quality Act; and approving other matters in connection with the IFD and IFP, as defined herein. (Fiscal Impact) Supervisor Cohen, seconded by Supervisor Yee, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 5, Lines 8 through 10, by recognizing both public hearings held on January 26, 2016, and February 23, 2016; Page 5, Line 24, through Page 6, Line 8, by adding a finding specifying the Lease tenant's acknowledgement that the Port stated its intention to establish the IFD; Page 6, Lines 9 through 13, by adding a finding on the specifics found in Appendix G-1; Page 7, Lines 15 through 16, by striking ‘Qualified Port Costs’ and adding ‘Port Benefit Tasks’; and Page 8, Lines 3 through 8, by requesting the Port to take steps to form a community facilities district at a future date. The motion carried by the following vote:

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

Absent: Mar

(Fiscal Impact) PASSED ON FIRST READING AS AMENDED by the following vote:

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

Absent: Mar

151118 [Authorizing Issuance of Bonds - Port Infrastructure Financing District - Pier 70 (Historic Core) - Not to Exceed $25,100,000] Sponsors: Mayor; Cohen Resolution approving issuance of 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) with respect to Sub-Project Area G-1 (Pier 70 - Historic Core); approving an Indenture of Trust and a Pledge Agreement; and approving other matters in connection with the bonds, as defined herein. (Fiscal Impact) Resolution No. 060-16 ADOPTED by the following vote:

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

Absent: Mar

151117 [Authorizing Execution of a Memorandum of Understanding Relating to Infrastructure Financing District No. 2] Sponsors: Mayor; Cohen Resolution approving a Memorandum of Understanding (MOU) relating to Sub-Project Area G-1 (Pier 70 - Historic Core) of City and County of San Francisco Infrastructure Financing District No. 2 (Port of San Francisco); and approving other matters in connection with the MOU, as defined herein. (Fiscal Impact) Resolution No. 059-16 ADOPTED by the following vote:

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

Absent: Mar

lection to be held on June 7, 2016. Supervisor Cohen moved that this Ordinance be AMENDED by adding ‘Section 16.110(h) Analysis’ to require the Controller to submit a report to the Board of Supervisors analyzing the impacts of the inclusionary or affordable housing obligations, and adding ‘Section 16.110(i) Future Legislation’ to require the Board to pass legislation to conform inclusionary or affordable housing obligations to the findings of the report. Before the president called for a second, Supervisor Cohen withdrew the motion. Supervisor Cohen, seconded by Supervisor Tang, moved that this Charter Amendment be AMENDED by adding ‘Section 16.110(h) Analysis’ to require the Controller and Planning Department to study the economic feasibility of the inclusionary or affordable housing obligations, and require the Controller to provide a report to the Board of Supervisors, along with a proposed ordinance amending the Planning Code to maximize housing affordability; and adding ‘Section 16.110(i) Future Legislation’ to require the Board of Supervisors to hold a public hearing within three months of receiving the Controller’s proposed ordinance. The motion FAILED by the following vote:

Ayes: Cohen, Farrell, Tang, Wiener

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

Supervisor Peskin, seconded by Supervisor Campos, moved that this Charter Amendment be CONTINUED to the Board of Supervisors meeting of March 1, 2016. The motion carried by the following vote:

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

160123 [Urging the University of California, San Francisco to Rehire Fired Impec Group Custodial Workers] Sponsors: Breed; Kim, Peskin, Cohen, Wiener, Campos, Yee, Mar and Avalos Resolution urging the Chancellor of the University of California, San Francisco, to rectify serious breaches of workers’ rights by hiring the fired Impec Group custodial workers as full-time employees. Supervisors Yee, Mar, and Avalos requested to be added as co-sponsors. Supervisor Peskin, seconded by Supervisor Campos, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 2, Line 10, by striking ‘2399’ and adding ‘3299’. The motion carried by the following vote:

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

Resolution No. 070-16 ADOPTED AS AMENDED by the following vote:

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

160135 [Final Map 7993 - 1450 Franklin Street] Motion approving Final Map 7993, a 67 residential unit and one commercial unit, mixed-use Condominium Project, located at 1450 Franklin Street, being a subdivision of Assessor’s Block No. 0671, Lot No. 006, and adopting findings pursuant to the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Public Works) Motion No. M16-022 APPROVED by the following vote:

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