Board of Supervisors Minutes: March 22, 2016

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. The Mayor's veto was SUSTAINED and the Ordinance was NOT FINALLY PASSED by the following vote:

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

Noes: Breed, Cohen, Tang, Wiener

Excused: Farrell

160043 [No Competitive Solicitation Process - Selection of Preferred Contractor - Regents of the University of California - Modern Electronic Health Record System] Ordinance providing that the competitive solicitation process requirement in Administrative Code, Section 21.1, shall not apply to the Department of Public Health’s (DPH) contract for a modern, secure, and fully integrated electronic health record (EHR) system for the San Francisco Health Network to replace DPH’s current system; ratifying the selection of the Regents of the University of California (UC), by and through the University of California San Francisco, as the preferred contractor. (Public Health Department) (Fiscal Impact) Ordinance No. 041-16 FINALLY PASSED by the following vote:

Ayes: Avalos, Breed, Campos, Mar, Peskin, Tang, Wiener, Yee

Noes: Cohen, Kim

Excused: Farrell

151178 [Appropriation - General Fund Reserve - Facilities Improvements in the Recreation and Park Department - $2,500,000 - FY2015-2016] Sponsor: Avalos Ordinance appropriating $2,500,000 from the General Fund Reserve to the Recreation and Park Department for facilities improvements in the Geneva Car Barn in FY2015-2016. (Fiscal Impact) PASSED ON FIRST READING by the following vote:

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

Noes: Breed, Tang

Excused: Farrell

160116 [Administrative Code - Establishing a San Francisco Super Bowl 50 Impact Fund] Sponsors: Peskin; Kim Ordinance amending the Administrative Code to establish a San Francisco Super Bowl 50 Impact Fund to be used to provide financial support to small businesses specifically impacted by Super Bowl-related events. (Fiscal Impact) Privilege of the floor was granted unanimously to Tom DeCaigny, Director (Arts Commission), who responded to questions raised throughout the discussion. PASSED ON FIRST READING by the following vote:

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

Noes: Tang, Wiener

Excused: Farrell

160117 [Appropriation - Funding for the Super Bowl 50 Impact Fund - $100,000 - FY2015-2016] Sponsors: Peskin; Kim Ordinance appropriating $100,000 from the General Reserve to fund the Super Bowl 50 Impact Fund in FY2015-2016. (Fiscal Impact) Privilege of the floor was granted unanimously to Tom DeCaigny, Director (Arts Commission), who responded to questions raised throughout the discussion. PASSED ON FIRST READING by the following vote:

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

Noes: Tang, Wiener

Excused: Farrell

160195 [Appropriation - Proceeds from Road Repaving and Street Safety General Obligation Bonds of $44,145,000 and Bond Interests of $2,317,851 - FY2015-2016] Sponsor: Mayor Ordinance appropriating $46,462,851 consisting of $44,145,000 of the 2016E Series Road Repaving and Street Safety (RRSS) 2011 General Obligation Bond Proceeds and $2,317,851 of accumulated bond interest earnings to the Department of Public Works and Municipal Transportation Agency for street resurfacing, the redesign of streetscapes to include pedestrian and bicycle safety improvements, and traffic signal improvements to support transit priority in FY2015-2016 and placing these funds on Controller’s Reserve pending the sale of the bonds and review of arbitrage costs. (Fiscal Impact) PASSED ON FIRST READING by the following vote:

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

Noes: None

Excused: Farrell

160196 [Appropriation - Proceeds from General Obligation Bonds and Bond Proceed Interest Earnings - $29,673,553 - FY2015-2016] Sponsor: Mayor Ordinance appropriating $29,673,553 consisting of $25,215,000 of the 2016 Series Earthquake Safety and Emergency Response (ESER 2010) General Obligation Bond Proceeds, and $4,458,553 accumulated bond interest to Public Works in FY2015-2016 for necessary repairs and seismic improvements in order to better prepare San Francisco for a major earthquake or natural disaster and placing these funds on Controller’s Reserve pending the sale of the bonds and review of arbitrage costs. (Fiscal Impact) PASSED ON FIRST READING by the following vote:

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

Noes: None

Excused: Farrell

160197 [Appropriation - Proceeds from Earthquake Safety and Emergency Response General Obligation Bonds - $111,060,000 - FY2015-2016] Sponsor: Mayor Ordinance appropriating $111,060,000 of the 2016 Series Earthquake Safety and Emergency Response (ESER 2014) General Obligation Bond Proceeds to the Department of Public Works in FY2015-2016 for necessary repairs and seismic improvements in order to better prepare San Francisco for a major earthquake or natural disaster. (Fiscal Impact) PASSED ON FIRST READING by the following vote:

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

Noes: None

Excused: Farrell

ke Safety and Emergency Response Bonds, 2010), Series 2016C; prescribing the form and terms of said bonds; authorizing the execution, authentication, and registration of said bonds; providing for the appointment of depositories and other agents for said bonds; providing for the establishment of accounts related to said bonds; providing for the manner of sale of said bonds by competitive sale; approving the forms of Official Notice of Sale and Notice of Intention to Sell Bonds; directing the publication of the Notice of Intention to Sell Bonds; approving the form of the Preliminary Official Statement and the form and execution of the Official Statement relating to the sale of said Bonds; approving the form of the Continuing Disclosure Certificate; authorizing and approving modifications to documents, as defined herein; declaring the City’s intent to reimburse certain expenditures; ratifying certain actions previously taken, as defined herein; and granting general authority to City officials to take necessary actions in connection with the authorization, issuance, sale, and delivery of said bonds, as defined herein. (Fiscal Impact) Resolution No. 094-16 ADOPTED by the following vote:

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

Noes: None

Excused: Farrell

ke Safety and Emergency Response Bonds, 2014), Series 2016D; prescribing the form and terms of said bonds; authorizing the execution, authentication, and registration of said bonds; providing for the appointment of depositories and other agents for said bonds; providing for the establishment of accounts related to said bonds; providing for the manner of sale of said bonds by competitive sale; approving the forms of Official Notice of Sale and Notice of Intention to Sell Bonds; directing the publication of the Notice of Intention to Sell Bonds; approving the form of the Preliminary Official Statement and the form and execution of the Official Statement relating to the sale of said Bonds; approving the form of the Continuing Disclosure Certificate; authorizing and approving modifications to documents, as defined herein; declaring the City’s intent to reimburse certain expenditures; ratifying certain actions previously taken, as defined herein; and granting general authority to City officials to take necessary actions in connection with the authorization, issuance, sale, and delivery of said bonds, as defined herein. (Fiscal Impact) Resolution No. 095-16 ADOPTED by the following vote:

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

Noes: None

Excused: Farrell

(Road Repaving and Street Safety Bonds, 2011), Series 2016E; prescribing the form and terms of said bonds; authorizing the execution, authentication, and registration of said bonds; providing for the appointment of depositories and other agents for said bonds; providing for the establishment of accounts related to said bonds; providing for the manner of sale of said bonds by competitive sale; approving the forms of Official Notice of Sale and Notice of Intention to Sell Bonds; directing the publication of the Notice of Intention to Sell Bonds; approving the form of the Preliminary Official Statement and the form and execution of the Official Statement relating to the sale of said Bonds; approving the form of the Continuing Disclosure Certificate; authorizing and approving modifications to documents, as defined herein; declaring the City’s intent to reimburse certain expenditures; ratifying certain actions previously taken, as defined herein; and granting general authority to City officials to take necessary actions in connection with the authorization, issuance, sale, and delivery of said bonds, as defined herein. (Fiscal Impact) Resolution No. 096-16 ADOPTED by the following vote:

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

Noes: None

Excused: Farrell

160076 [Accept and Expend Grant - California Department of Education - State Preschool Quality Rating and Improvement System - $2,590,895 - FY2015-2016] Sponsor: Yee Resolution retroactively authorizing the Children and Families Commission to accept and expend a grant in the amount of $2,590,895 from the California Department of Education through the San Francisco Unified School District to support a State Preschool Quality Rating and Improvement System for the term of July 1, 2015, through June 30, 2016. Resolution No. 109-16 ADOPTED by the following vote:

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

Noes: None

Excused: Farrell

160097 [Software License and Support Agreement Amendment - Oracle America, Inc. - Emerge Project - Maximum Expenditure of $14,287,737] Resolution authorizing the Controller to enter into the Tenth Amendment of a software license and support agreement with Oracle America, Inc., for perpetual software licenses and software support services for the Controller’s Emerge Project, extending the contract term of November 16, 2007, through April 22, 2016, by five years through April 22, 2021, and increasing the maximum expenditure by $4,300,892 to $14,287,737. (Controller) (Fiscal Impact) Resolution No. 110-16 ADOPTED by the following vote:

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

Noes: None

Excused: Farrell

160023 [Administrative Code - San Francisco Homicide Reward Fund] Sponsors: Breed; Cohen, Yee, Peskin and Campos Ordinance amending the Administrative Code to establish the San Francisco Homicide Reward Fund. Supervisor Campos requested to be added as a co-sponsor. PASSED ON FIRST READING by the following vote:

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

Noes: None

Excused: Farrell

160103 [Public Works Code - Clarifying Graffiti Prohibition and Establishing Administrative Penalties] Sponsors: Peskin; Breed Ordinance amending the Public Works Code to clarify that prohibited graffiti extends to all public property, including all City assets; establish expedited notice and hearing procedures, create administrative penalties for an offending party, and renumber code sections; and affirming the Planning Department’s determination under the California Environmental Quality Act. Supervisor Peskin, seconded by Supervisor Cohen, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on page 4, Lines 20 through 23, by adding '(3) any painting or marking that a City department makes in the course of its official duties or as part of a public education campaign; or (4) any painting or marking required for compliance with any local, State, or federal law.' The motion carried by the following vote:

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

Noes: None

Excused: Farrell

PASSED ON FIRST READING AS AMENDED by the following vote:

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

Noes: None

Excused: Farrell

160160 [Noe Valley Community Benefit District - Annual Reports to the City - FY2014-2015] Sponsor: Wiener Resolution receiving and approving annual report for the Noe Valley 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. 111-16 ADOPTED by the following vote:

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

Noes: None

Excused: Farrell

160161 [Castro/Upper Market Community Benefit District - Annual Reports to the City - FY2014-2015] Sponsor: Wiener Resolution receiving and approving annual report for the Castro/Upper Market 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. 112-16 ADOPTED by the following vote:

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

Noes: None

Excused: Farrell

151158 [Liquor License - 1981 Sutter Street] Resolution determining that the issuance of a Type 42 on-sale beer and wine license to Eben R. Marsh for Nighthawk’s LLC, dba Pinot’s Palette, located at 1981 Sutter Street (District 5), 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. 107-16 ADOPTED by the following vote:

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

Noes: None

Excused: Farrell

151267 [Liquor License - 2665 Mission Street] Resolution determining that the issuance of a Type 64 general theatre license to Gray Area Foundation for the Arts, dba Gray Area, located at 2665 Mission Street (District 9), will serve the public convenience or necessity of 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. 108-16 ADOPTED by the following vote:

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

Noes: None

Excused: Farrell

160144 [Confirming Reappointments, Redevelopment Successor Agency Oversight Board - Nadia Sesay, Olson Lee] Sponsor: Mayor Motion confirming mayoral reappointments of Nadia Sesay and Olson Lee to the Redevelopment Successor Agency Oversight Board, terms ending January 24, 2020. Motion No. M16-032 APPROVED by the following vote:

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

Noes: None

Excused: Farrell

160211 [Reappointment, Child Care Planning and Advisory Council - Candace Wong] Motion reappointing Candace Wong, term ending March 19, 2018, to the Child Care Planning and Advisory Council. (Rules Committee) Motion No. M16-033 APPROVED by the following vote:

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

Noes: None

Excused: Farrell

160213 [Appointment, Food Security Task Force - Priti Rane] Motion appointing Priti Rane (residency requirement waived), for an indefinite term, to the Food Security Task Force. (Rules Committee) Motion No. M16-034 APPROVED by the following vote:

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

Noes: None

Excused: Farrell

ementary state assistance to cities and counties to provide needed supportive services. Supervisor Wiener, seconded by Supervisor Cohen, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 1, 22, through Page 2, Line 2, by striking ‘WHEREAS, Recent efforts to remove the homeless through “sweeps” without providing viable options for both emergency shelter and permanent, effective exits from homelessness simply moves homeless residents to other neighborhoods and is inconsistent with the federal encampment recommendations developed by the U.S. Inter-Agency Council on Homelessness; and’, and adding ‘WHEREAS, The City of San Francisco correctly declared the tent encampment on Division Street a public health hazard and correctly removed the Division Street encampment, since the Division Street encampment was unsafe, unhealthy, and unsanitary for the tent occupants as well as for surrounding neighborhoods; and WHEREAS, Tents are not a viable housing policy, and it should be the policy of the City and County of San Francisco to transition people living in tents from those tents into shelter and housing; and’. The motion FAILED by the following vote:

Ayes: Cohen, Tang, Wiener

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

Excused: Farrell

Supervisor Wiener, seconded by Supervisor Cohen, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 3, Line 3, by adding ‘, except for parks and open space,’ after ‘property statewide’. The motion carried by the following vote:

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

Noes: None

Excused: Farrell

Privilege of the floor was granted unanimously to Jon Givner (Office of the City Attorney) who responded to questions raised during the discussion regarding a division of the question. NOT ADOPTED AS AMENDED by the following vote:

Ayes: Avalos, Breed, Campos, Cohen, Kim, mar, Peskin

Noes: Tang, Wiener, Yee

Excused: Farrell

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

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

Noes: None

Excused: Farrell

Supervisor Kim, seconded by Supervisor Campos, moved that this Resolution be REFERRED AS AMENDED to the Public Safety and Neighborhood Services Committee. The motion carried by the following vote:

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

Noes: None

Excused: Farrell

160229 [Urging the California Department of Alcohol Beverage Control to Deny Formula Retail Food and Drink Establishments That Do Not Traditionally Sell Alcohol] Sponsors: Mar; Kim Resolution urging the California Department of Alcoholic Beverage Control to deny alcohol license applications of non-traditional alcohol retail businesses in the City and County of San Francisco. Supervisor Mar, seconded by Supervisor Avalos, moved that this Resolution be CONTINUED to the Board of Supervisors meeting of April 5, 2016. The motion carried by the following vote:

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

Noes: None

Excused: Farrell

160258 [Supporting California State Senate Bill 1286 (Leno) - Increasing Law Enforcement Transparency] Sponsors: Cohen; Breed, Kim, Avalos, Peskin, Mar, Yee and Campos Resolution supporting California State Senate Bill 1286, authored by Senator Mark Leno, improving government transparency and accountability by allowing the public to access information on police misconduct and use of force. Supervisor Cohen, seconded by Supervisor Avalos, moved that this Resolution be CONTINUED to the Board of Supervisors meeting of April 12, 2016. The motion carried by the following vote:

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

Noes: None

Excused: Farrell

160259 [Arbor Day 2016 - March 19, 2016] Sponsor: Peskin Resolution declaring March 19, 2016, as Arbor Day 2016 in the City and County of San Francisco. Resolution No. 113-16 ADOPTED by the following vote:

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

Noes: None

Excused: Farrell

160260 [Urging the Our Children, Our Families Council to Convene a Chronic Absenteeism Working Group] Sponsors: Yee; Kim Resolution urging the Our Children, Our Families Council to convene and coordinate a Chronic Absenteeism Working Group and to develop an action plan within six months of their first meeting. Resolution No. 114-16 ADOPTED by the following vote:

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

Noes: None

Excused: Farrell

160247 [Final Map 8326 - 1267 Chestnut Street] Motion approving Final Map 8326, a six unit residential condominium project, located at 1267 Chestnut Street, Units 1-6, being a subdivision of Assessor’s Parcel Block No. 0499, Lot No. 001D, and adopting findings pursuant to the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Public Works) Motion No. M16-035 APPROVED by the following vote:

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

Noes: None

Excused: Farrell