Board of Supervisors Minutes: March 1, 2016

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. Supervisor Mar requested to be added as a co-sponsor. Ordinance No. 028-16 FINALLY PASSED The foregoing items were acted upon by the following vote:

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

Noes: None

Absent: Yee

Supervisor Yee, seconded by Supervisor Peskin, moved to rescind the previous vote. The motion carried by the following vote:

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

Noes: None

The foregoing items were acted upon by the following vote:

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

Noes: None

151119 [Establishing an Infrastructure Financing District and Adopting an Infrastructure Financing Plan (Port of San Francisco)] Sponsors: Mayor; Cohen Ordinance establishing an Infrastructure Financing District (IFD) (including Sub-Project Area G-1 (Pier 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) Privilege of the floor was granted unanimously to Elaine Forbes, Interim Port Director, and Brad Benson (Port of San Francisco) who responded to questions raised throughout the discussion. Ordinance No. 027-16 FINALLY PASSED by the following vote:

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

Noes: None

151274 [Charter Amendment - Authorizing Board of Supervisors to Update Inclusionary or Affordable Housing Requirements and Providing Increased Interim Requirements] Sponsors: Kim; Peskin, Mar, Avalos and Campos Charter Amendment (First Draft) to amend the Charter of the City and County of San Francisco to authorize the Board of Supervisors to update the inclusionary or affordable housing obligations for housing development projects, and setting forth increased interim requirements; and affirming the Planning Department’s determination under the California Environmental Quality Act, at an election to be held on June 7, 2016. After the matter was called, Supervisor Farrell, seconded by Supervisor Wiener, moved that consideration of File No. 151274 be continued to later in the meeting. The motion carried by the following vote:

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

Noes: None

ORDERED SUBMITTED by the following vote:

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

Noes: None

151257 [Planning Code - Increasing Transportation Sustainability Fee for Non-residential Projects] Sponsors: Avalos; Campos and Mar Ordinance amending the Planning Code to increase the Transportation Sustainability Fee for Non-residential projects larger than 99,999 gross square feet, and to require Non-residential or Production, Distribution and Repair (PDR) projects 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. FINALLY PASSED by the following vote:

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

Noes: Breed, Cohen, Farrell, Tang, Wiener

160007 [Lease Amendment - Pacific Gateway Concessions, LLC - Airport Concessions - Minimum Annual Lease Amount of $958,366.08] Resolution retroactively approving Amendment No. 5 to Boarding Areas “B” and “C” Principal Concession Retail Lease No. 98-0228 between Pacific Gateway Concessions, LLC, and the City and County of San Francisco, acting by and through its Airport Commission, extending the lease term for two concession locations to approximately September 2019, and extending the lease term for one concession location to approximately June 2016, for a minimum annual lease amount of $958,366.08 in order to accommodate the Terminal 1 Redevelopment Program, retroactive to June 2015. (Airport Commission) Resolution No. 072-16 ADOPTED by the following vote:

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

Noes: None

160008 [2011 Lease and Use Agreement - China Southern Airlines Company Limited - Estimated Rent of $1,283,008.93] Resolution approving the terms of 2011 Lease and Use Agreement No. L15-0253 between China Southern Airlines Company Limited and the City and County of San Francisco, acting by and through its Airport Commission, with an estimated rent of $1,283,008.93 for Exclusive Use Space, for the lease term to commence following Board approval through June 30, 2021. (Airport Commission) Resolution No. 073-16 ADOPTED by the following vote:

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

Noes: None

160044 [Contract Amendment - San Francisco AIDS Foundation - HIV Prevention Services - Not to Exceed $20,231,412] Resolution approving a fourth amendment to the contract between the Department of Public Health and the San Francisco AIDS Foundation to provide HIV Prevention Services, to extend the contract by two years for a total contract term of September 1, 2011, through June 30, 2018, and increase the contract amount by $5,573,835 for a total amount not to exceed $20,231,412. (Public Health Department) Resolution No. 074-16 ADOPTED by the following vote:

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

Noes: None

160119 [Multifamily Housing Revenue Bonds - Columbia Park Apartments - 1035 Folsom Street and 21 Columbia Square Park - Not to Exceed $13,779,028] Sponsor: Kim Resolution authorizing the issuance and delivery of multifamily housing revenue bonds in an aggregate principal amount not to exceed $13,779,028 for the purpose of providing financing for the acquisition and rehabilitation of a 50-unit multifamily residential rental housing project known as Columbia Park Apartments; approving the form of and authorizing the execution of a trust indenture providing 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; 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; and related matters. Resolution No. 075-16 ADOPTED by the following vote:

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

Noes: None

llmore Street Neighborhood Commercial Transit District] Sponsor: Breed Ordinance amending the Planning Code to allow projecting business signs in the Fillmore Street Neighborhood Commercial Transit District of up to 125 square feet in size, and up to 60 feet in height, with maximum height dependent on the features of the building to which the sign is attached, provided that only one sign per building is permitted; the sign is for the primary occupant of the building; the sign employs a remote transformer and is as narrow as is structurally feasible; any illumination is indirect and is used only during business hours; the sign does not obscure architectural features of the building; the sign does not damage the building to which it is attached; and the sign’s lettering is arranged vertically; affirming the Planning Department’s determination under the California Environmental Quality Act; making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1; and making findings under Planning Code, Section 302, that this amendment will serve the public necessity, convenience, and welfare. PASSED, ON FIRST READING by the following vote:

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

Noes: None

151179 [Health Code - Banning the Sale of Tobacco Products to Persons Aged 18, 19, or 20] Sponsors: Wiener; Mar, Cohen and Farrell Ordinance amending the Health Code to prohibit tobacco retailers from selling tobacco products, including smokeless tobacco and electronic cigarettes, to persons aged 18, 19, or 20. PASSED, ON FIRST READING by the following vote:

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

Noes: None

160026 [Planning Code, Zoning Map - Rezoning Noe Valley Town Square] Sponsor: Wiener Ordinance amending the Planning Code, Zoning Map, to rezone Noe Valley Town Square, 3861-24th Street, Assessor’s Block No. 6509, Lot No. 040, from its current designation as 24th Street - Noe Valley Neighborhood Commercial District and 40-X to Public (P) and Open Space (OS); affirming the Planning Department’s determination under the California Environmental Quality Act; and making findings, including findings of public necessity, convenience, and welfare under Planning Code, Section 302, and 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, Yee

Noes: None

rized units where there is no legal path for legalization, residential units that have received prior Planning approval, and single-family homes that are demonstrably unaffordable or unsound; amending the Building Code to require that notices of violation order the filing of an application to legalize an unauthorized unit unless infeasible under the Building Code, the Planning Commission approves its removal, or a serious and imminent hazard exists on the property; 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) Supervisor Avalos, seconded by Supervisor Wiener, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 6, Line 9, by adding ‘on a site in a RH-1 or RH-1(D) District’ after ‘Single-Family Residential Building’; on Page 12, Line 22, by striking ‘(4)’ and adding ‘(5)’; on Page 14, Line 6, by striking ‘(5)’ and adding ‘(6)’; and on Page 15, Line 1, by striking ‘(6)’ and adding ‘(7)’. The motion carried by the following vote:

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

Noes: None

(Economic Impact) After the matter was called and the amendments were accepted, Supervisor Avalos, seconded by Supervisor Peskin, moved that further consideration of File No. 160115 be continued to later in the meeting. The motion carried by the following vote:

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

Noes: None

PASSED ON FIRST READING AS AMENDED by the following vote:

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

Noes: Tang, Yee

160081 [Initiative Ordinance - Administrative Code - Requiring the Office of Citizens Complaints to Investigate All Officer Involved Shootings] Sponsors: Cohen; Breed, Campos and Mar Motion ordering submitted to the voters an Ordinance amending the Administrative Code to require the Office of Citizen Complaints to investigate all officer-involved shootings, at an election to be held on June 7, 2016. Motion No. M16-023 APPROVED by the following vote:

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

Noes: None

160167 [Committee of the Whole - Amendment to the Redevelopment Plan for the Transbay Redevelopment Project Area - Zone One (File No. 160150) - April 12, 2016] Sponsors: Mayor; Kim Motion scheduling the Board of Supervisors to sit as a Committee of the Whole on April 12, 2016, at 3:00 p.m., to hold a public hearing to consider the proposed Amendment to the Redevelopment Plan for the Transbay Redevelopment Project Area (File No. 160150) to increase the maximum height limit from 300 feet to 400 feet on Block 1 of Zone One of the Transbay Redevelopment Project Area. Motion No. M16-025 APPROVED The foregoing items were acted upon by the following vote:

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

Noes: None

160166 [Establishing City Policy Maximizing a Feasible Inclusionary Affordable Housing Requirement] Sponsor: Yee Resolution establishing City policy to maximize the percentage of affordable Inclusionary Housing in market rate development through Board ordinance and to ensure fairness and feasibility. Supervisor Campos requested to be added as a co-sponsor. Supervisor Yee, seconded by Supervisor Farrell, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE, by adding language to indicate the Board intends to adopt trailing legislation by April 19, 2016, which will include a grandfathering clause; a feasibility clause requiring the Controller and other City departments to conduct a periodic economic feasibility study, the first of which will be completed by May 31, 2016; allow for the middle income units to be 100% average median income and for the Board to set the maximum affordable unit pricing; and allow for the City to approve projects through Development Agreements that could include variations from the inclusionary housing requirements. The motion carried by the following vote:

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

Noes: None

Resolution establishing City policy to maximize the economically viable percentage of affordable inclusionary housing in market rate development through Board ordinance and to ensure fairness and feasibility; and to define certain exceptions to future inclusionary housing policy changes. Resolution No. 079-16 ADOPTED AS AMENDED by the following vote:

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

Noes: None

he voters at the June 7, 2016, Consolidated General Election. (Clerk of the Board) Privilege of the floor was granted unanimously to Jon Givner (Office of the City Attorney) who responded to questions raised throughout the discussion. Supervisor Breed, seconded by Supervisor Tang, moved that this Motion be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 1, Lines 17 through 18, by striking ‘Mar, Wiener, Yee, Breed, Cohen, Avalos’, and Line 25, by striking ‘Peskin, Mar, Avalos, Campos’; on Page 2, Lines 6 through 7, by striking ‘Supervisors Breed, Mar, Farrell, Peskin, Tang, Kim, Yee, Wiener, Campos, Cohen, Avalos’, and Lines 11 through 12, by striking ‘Breed, Campos’; on Page 3, Lines 20 through 22, by striking ‘Initiative Ordinance amending the Planning Code to set forth a minimum inclusionary affordable housing fee requirement. (Supervisor Kim, Peskin, Campos, Avalos)’; and on Page 4, Lines 1 through 22, by striking all references to the opponent ballot argument authorizations for the Charter Amendment on the Park, Recreation and Open Space Fund, the General Obligation Bond, and the Inclusionary Housing Initiative Ordinance. The motion carried by the following vote:

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

Noes: None

City and County of San Francisco Page 138 Printed at 9:38 am on 4/8/16 Board of Supervisors Meeting Minutes 3/1/2016 ADOPTED AS AMENDED by the following vote:

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

Noes: None

Supervisor Yee, seconded by Supervisor Avalos, moved to rescind the previous vote. The motion carried by the following vote:

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

Noes: None

Supervisor Avalos, seconded by Supervisor Yee, moved that this Motion be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE, on Page 5, Line 24, through Page 6, Line 6, by striking ‘Declaration of Policy submitted by the Mayor to the voters at the June 7, 2016, Election entitled "Declaration of Policy declaring it official policy of the City and County of San Francisco to invest in the future of transportation by prioritizing investment in Muni infrastructure and vehicles, including buses and light rail; road repaving and pothole repair; "Vision Zero" safety projects and other bicycle and pedestrian safety improvements; and investment in regional transportation infrastructure and vehicles that serve San Franciscans such as BART and Caltrain in the expenditure of revenues from future revenue ballot measures.’ . The motion carried by the following vote:

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

Noes: None

Motion authorizing preparation of written Proponent ballot arguments and rebuttal ballot arguments for submittal to the voters at the June 7, 2016, Consolidated General Election. (Clerk of the Board) Supervisor Breed, seconded by Supervisor Farrell, moved that this Motion be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 3, Lines 17 through 18, by striking ‘Supervisors Breed, Farrell, Mar.’ The motion carried by the following vote:

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

Noes: None

Motion authorizing preparation of written Proponent ballot arguments and rebuttal ballot arguments for submittal to the voters at the June 7, 2016, Consolidated Presidential Primary Election. (Clerk of the Board) Motion No. M16-024 APPROVED AS AMENDED by the following vote:

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

Noes: None

160194 [Balboa Theatre Day - March 6, 2016] Sponsor: Mar Resolution commending the Balboa Theatre on the occasion of its 90th anniversary and declaring March 6, 2016, as Balboa Theatre 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 Balboa Theatre Day as referenced in File No. 160194. Larry Juicy Edmond; spoke in support of Balboa Theatre Day. The President declared public comment closed. Resolution No. 080-16 ADOPTED by the following vote:

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

Noes: None