Board of Supervisors Minutes: March 8, 2016

160140 [Appointments, Park, Recreation and Open Space Advisory Committee - Kenneth Maley and Jane Weil] Motion appointing Kenneth Maley, term ending February 1, 2018, and Jane Weil, term ending February 1, 2017, to the Park, Recreation, and Open Space Advisory Committee. (Rules Committee) Motion No. M16-027 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

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. Ordinance No. 031-16 FINALLY PASSED by the following vote:

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

Noes: None

160115 [Planning, Building Codes - Conditional Use Required to Remove Any Residential Unit; Mandatory Legalization of Unauthorized Units] Sponsor: Avalos Ordinance amending the Planning Code to require Conditional Use authorization for the removal of any residential unit (whether authorized or unauthorized) and to exempt from the Conditional Use application requirement unauthorized 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) Ordinance No. 033-16 FINALLY PASSED by the following vote:

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

Noes: Yee

160046 [Contract Agreement - Golden Gate Petroleum - Providing Citywide Renewable Diesel - Not to Exceed $60,000,000] Resolution authorizing the Office of Contract Administration to enter into a multi-year contract, pursuant to Charter, Section 9.118(b), with Golden Gate Petroleum, to supply City departments with renewable diesel for the term of April 1, 2016, through March 31, 2019, in an amount not to exceed $60,000,000. (Office of Contract Administration) (Fiscal Impact.) Resolution No. 082-16 ADOPTED by the following vote:

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

Noes: None

160107 [Accept and Expend Grant - Mott Foundation - Kindergarten to College - Outreach and Family Engagement - $315,000] Sponsors: Tang; Mar Resolution retroactively authorizing the Department of the Treasurer and Tax Collector to accept and expend a grant in the amount of $315,000 from the Mott Foundation for expanding outreach and family engagement for Kindergarten to College, for the period of September 1, 2015, through August 31, 2017. Supervisor Mar requested to be added as a co-sponsor. Resolution No. 089-16 ADOPTED by the following vote:

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

Noes: None

160134 [Agreement - TEGSCO, LLC, dba San Francisco AutoReturn - Towing and Storage of Abandoned and Illegally-Parked Vehicles - Not to Exceed $65,400,000] Resolution approving the Agreement with TEGSCO, LLC, dba San Francisco AutoReturn, for services related to the towing, storage, and disposal of abandoned and illegally-parked vehicles in an amount not to exceed $65,400,000 and for a five year term of April 1, 2016, through March 31, 2021, with the option to extend for up to five additional years; and approving a License between the San Francisco Municipal Transportation Agency and AutoReturn for a portion of the premises at 2650 Bayshore Boulevard in Daly City for use as the long-term vehicle storage and auction facility for a term of five years, with the option to extend for five additional years. (Municipal Transportation Agency) (Fiscal Impact) Privilege of the floor was granted unanimously to Steve Lee (Municipal Transportation Agency) who responded to questions raised throughout the discussion. Supervisor Avalos, seconded by Supervisor Kim, moved that this Resolution be CONTINUED to the Board of Supervisors meeting of March 15, 2016. The motion carried by the following vote:

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

Noes: None

160158 [Accept and Expend Grant - San Francisco Safe Routes to School Program 2017-2019 Non-Infrastructure Project - $2,797,000] Sponsors: Wiener; Mar Resolution authorizing the San Francisco Department of Public Health to accept and expend a grant in the amount of $2,797,000 in Active Transportation Program Funds through Metropolitan Transportation Commission’s Safe Routes to School Grant Program for the period of September 1, 2017, through August 31, 2019, waiving indirect costs, stating assurance to complete the project, and to delegate authorization to execute these agreements and any amendments thereto to the Director of Health. Supervisor Mar requested to be added as a co-sponsor. Resolution No. 090-16 ADOPTED by the following vote:

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

Noes: None

151241 [Administrative Code - Cash Revolving Fund for Office of the Clerk of the Board] Ordinance amending the Administrative Code to create a cash revolving fund allowing the Office of the Clerk of the Board to keep up to $100 in petty cash in the office; and making nonsubstantive changes to other sections of the Administrative Code that establish cash revolving funds for City departments. (Clerk of the Board) PASSED, ON FIRST READING by the following vote:

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

Noes: None

160074 [Top of Broadway Community Benefit District - Annual Report to the City - FY2014-2015] Sponsor: Peskin Resolution receiving and approving an annual report for the Top of Broadway 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. 083-16 ADOPTED by the following vote:

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

Noes: None

151084 [Planning Code - Upper Market Street Neighborhood Commercial Transit District; Second Floor Bars] Sponsor: Wiener Ordinance 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. PASSED, ON FIRST READING by the following vote:

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

Noes: None

150902 [Administrative Code - Considering Criminal History in Appointments to Boards and Commissions] Sponsor: Kim Ordinance amending the Administrative Code to delete the requirement that applicants for membership on boards and commissions disclose all felony convictions; to limit the City from using criminal history information in making decisions about appointment and removal of members of certain boards, commissions, and other bodies; and to require the City to follow certain restrictions when inquiring about or using conviction history information to make decisions about appointment or removal. PASSED, ON FIRST READING by the following vote:

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

Noes: None

151166 [Mental Health Services Act Annual Report - FY2015-2016] Resolution authorizing adoption of the Mental Health Services Act Annual Report FY2015-2016. (Public Health Department) Resolution No. 081-16 ADOPTED by the following vote:

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

Noes: None

151277 [Administrative Code - Definition of Final Compensation for Retirement Benefits] Sponsor: Cohen Ordinance amending the Administrative Code to update the definition of final compensation for purposes of retirement benefits under the San Francisco Employees’ Retirement System, and to include in that definition compensation earnable under the Judges’ Retirement System and Judges’ Retirement System II. PASSED ON FIRST READING by the following vote:

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

Noes: Peskin

160112 [Appointments, Veterans Affairs Commission - William Barnickel, Kimberly Flaherty, and Michael Maffei] Motion appointing William Barnickel, Kimberly Flaherty, and Michael Maffei, terms ending January 31, 2020, to the Veterans Affairs Commission. (Rules Committee) Motion No. M16-028 APPROVED by the following vote:

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

Noes: None

160141 [Appointment, Reentry Council - Angela Coleman] Motion appointing Angela Coleman, term ending June 1, 2016, to the Reentry Council. (Rules Committee) Motion No. M16-029 APPROVED by the following vote:

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

Noes: None

160105 [Resolution of Intent - Street Vacation - Part of Chinese Hospital Improvements - James Alley] Sponsors: Peskin; Mar Resolution declaring the intention of the Board of Supervisors to order the vacation of James Alley, generally bounded by Assessor’s Block No. 0192 and Jackson Street, as part of improvements to the Chinese Hospital, subject to certain conditions; and setting the hearing date for all persons interested in the proposed vacation of said public right-of-way. Resolution No. 071-16 ADOPTED by the following vote:

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

Noes: None

160193 [Final Map 7780 - 1010-16 Street and 1400-7 Street] Motion approving Final Map 7780, a merger and subdivision of Assessor’s Block No. 3833 into a ten-lot airspace subdivision: Lot No. 1 being 388 residential condominium units, and Lot Nos. 2 through 10 being 32 commercial condominium units, and Assessor’s Block No. 3834 into a two lot airspace subdivision: Lot No. 11 being 65 residential condominium units, and Lot No. 12 being six commercial condominium units, a mixed-use Condominium Project, located at 1010-16 Street and 1400-7 Street, and also approving the Public Improvement Agreement related to this map; and adopting findings pursuant to the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Public Works) Motion No. M16-030 APPROVED by the following vote:

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

Noes: None

160204 [National Social Work Month - March 2016] Sponsors: Avalos; Campos Resolution declaring March 2016 as National Social Work Month in the City and County of San Francisco and calling upon all citizens to join with the National Association of Social Work to celebrate and support the social work profession. Supervisor Campos requested to be added as a co-sponsor. Resolution No. 091-16 ADOPTED by the following vote:

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

Noes: None

160205 [Opposing Golden Gate National Recreation Area’s Proposed Rule Regulating Dog Walking] Sponsors: Tang; Wiener, Yee, Breed, Farrell, Campos, Avalos and Cohen Resolution opposing Golden Gate National Recreation Area’s proposed rule regulating on- and off-leash dog walking in urban parklands throughout San Francisco, Marin, and San Mateo Counties. Supervisor Tang, seconded by Supervisor Avalos, moved that this Resolution be CONTINUED to the Board of Supervisors meeting of March 15, 2016. The motion carried by the following vote:

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

Noes: None

160219 [Russell J. Gumina Day - March 12, 2016] Sponsor: Peskin Resolution declaring March 12, 2016, as Russell J. Gumina 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 Russell J. Gumina Day as referenced in File No. 160219. There were no speakers. The President declared public comment closed. Resolution No. 092-16 ADOPTED 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 160 Printed at 1:55 pm on 4/14/16 Board of Supervisors Meeting Minutes 3/8/2016 [Purely Commendatory Finding] Motion that the Board find that the resolution(s) being considered at this time are purely commendatory. Supervisor Mar, seconded by Supervisor Avalos, moved ADOPTION of the commendatory finding for File No. 160220. The motion carried by the following vote:

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

Noes: None

[Brown Act Finding] Motion that the Board find by roll call vote that, for the resolution(s) being considered at this time, there is a need to take immediate action. The need to take action came to the attention of the City and County of San Francisco after the agenda was posted. Supervisor Mar, seconded by Supervisor Avalos, moved ADOPTION of the Brown Act finding for File No. 160220. The motion carried by the following vote:

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

Noes: None

160220 [Tyrus Wong Day - March 9, 2016] Sponsor: Mar Resolution declaring March 9, 2016, as Tyrus Wong Day in the City and County of San Francisco, and recognizing the ongoing legacy of a Disney legend and pioneering Asian American artist. The President inquired as to whether any member of the public wished to address the Board relating to Tyrus Wong Day as referenced in File No. 160220. There were no speakers. The President declared public comment closed. Resolution No. 093-16 ADOPTED by the following vote:

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

Noes: None