Board of Supervisors Minutes: April 5, 2016

160269 [Appointment, Eastern Neighborhoods Citizens Advisory Committee - Chirag Bhakta] Motion appointing Chirag Bhakta, term ending October 19, 2017, to the Eastern Neighborhoods Citizens Advisory Committee. (Rules Committee) Motion No. M16-037 APPROVED The foregoing items were acted upon by the following vote:

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

Absent: Mar

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) Ordinance No. 047-16 FINALLY PASSED by the following vote:

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

Absent: Mar

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) Ordinance No. 048-16 FINALLY PASSED by the following vote:

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

Absent: Mar

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) Ordinance No. 049-16 FINALLY PASSED by the following vote:

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

Absent: Mar

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) Ordinance No. 042-16 FINALLY PASSED by the following vote:

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

Noes: Breed, Farrell, Tang

Absent: Mar

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) FINALLY PASSED by the following vote:

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

Noes: Tang, Wiener

Absent: Mar

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

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

Absent: Mar

Ordinance No. 045-16 FINALLY PASSED by the following vote:

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

Noes: Farrell, Tang, Wiener

Absent: Mar

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) FINALLY PASSED by the following vote:

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

Noes: Tang, Wiener

Absent: Mar

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

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

Absent: Mar

Ordinance No. 046-16 FINALLY PASSED by the following vote:

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

Noes: Farrell, Tang, Wiener

Absent: Mar

160091 [Industrial Lease Agreement - Tanforan Industrial Park, LLC - Bus Operator Training Courses - $2,480,304 Initial Annual Base Rent] Resolution authorizing the San Francisco Municipal Transportation Agency (SFMTA) to execute an Industrial Lease Agreement with Tanforan Industrial Park, LLC, for approximately 7.3 acres of space located at 30 Tanforan Avenue, South San Francisco, to be used for SFMTA bus operator training courses for a nine year and five month term estimated to be from October 1, 2016, through February 28, 2026, with an initial annual base rent of $2,480,304 and annual 2% rent increases; the Lease includes a purchase option, right of first refusal, and an extension option. (Municipal Transportation Agency) (Fiscal Impact) Supervisor Cohen, seconded by Supervisor Peskin, moved that this Resolution be CONTINUED to the Board of Supervisors meeting of April 26, 2016. The motion carried by the following vote:

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

Absent: Mar

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. Ordinance No. 043-16 FINALLY PASSED by the following vote:

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

Absent: Mar

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. Ordinance No. 044-16 FINALLY PASSED by the following vote:

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

Absent: Mar

ilding Owner’s Notice to Tenant; Administrative Fee] Sponsors: Tang; Mar Ordinance amending the Building Code to require any existing building with a place of public accommodation either to have all primary entries and path of travel into the building accessible by persons with disabilities or to receive from the City a determination of equivalent facilitation, technical infeasibility, or unreasonable hardship; establishing a Disability Access Compliance Unit within the Department of Building Inspection; establishing a fee to offset the costs of the disability access improvement program; amending Administrative Code, Chapter 38, to require a building owner to give notice of the mandatory Building Code primary entry and path of travel accessibility requirements in any new or amended public accommodation lease; affirming the Planning Department’s California Environmental Quality Act determination; making findings of local conditions under the California Health and Safety Code; and directing the Clerk of the Board of Supervisors to forward the legislation to the California Building Standards Commission upon final passage. (Fiscal Impact) PASSED, ON FIRST READING by the following vote:

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

160065 [Police Code - Paid Parental Leave for Bonding with New Child] Sponsors: Wiener; Yee Ordinance amending the Police Code to require employers to provide supplemental compensation to employees who are receiving State Paid Family Leave for purposes of bonding with a new child. (Economic Impact) Supervisor Wiener, seconded by Supervisor Mar, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 14, Line 9, through Page 15, by requiring a person aggrieved by a violation to first serve written notice to the Office of Labor Standards Enforcement (OLSE), allowing OLSE 90 days to respond to the aggrieved person’s notice, and, if OLSE fails to respond, the aggrieved person may bring civil action. The motion carried by the following vote:

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

(Economic Impact) Supervisor Peskin, seconded by Supervisor Tang, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 4, Line 3, by striking ‘90’ and adding ‘180’; and on Page 5, Line 3, by striking ‘20’ and adding ‘35’, and adding a third tier definition of a ‘Covered Employer’ to include, as of January 1, 2018, those who regularly employ 20 or more employees. The motion carried by the following vote:

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

Noes: Campos

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

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

160221 [Appropriation - Community Impact Improvement Fees - Eastern Neighborhoods Infrastructure Improvement Projects - $739,671 - FY2015-2016] Sponsor: Mayor Ordinance appropriating $739,671 of Community Improvement Impact Fees revenue to the Recreation and Park Department to support the Eastern Neighborhoods Infrastructure Improvement Projects in FY2015-2016. (Fiscal Impact) PASSED, ON FIRST READING by the following vote:

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

160147 [Contract Agreement - State Department of Health Care Services - Substance Use Disorder Services - FYs 2014-2017 - $47,586,924] Resolution retroactively authorizing the San Francisco Department of Public Health, Behavioral Health Services to enter into an amended multi-year contract for substance use disorder services with the State Department of Health Care Services, in the amount of $47,586,924 for the term of July 1, 2014, through June 30, 2017; and authorizing and designating the Department of Public Health County Alcohol and Drug Administrator to sign said Agreement and to approve amendments for less than 10% of the contracted amount. (Public Health Department) (Fiscal Impact) Resolution No. 115-16 ADOPTED by the following vote:

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

160189 [Authorize the Director of Public Works to Execute Agreements - Third Street Bridge Rehabilitation Project - $18,369,975] Resolution authorizing the Director of Public Works to execute agreements with the California Department of Transportation pertaining to the Third Street Bridge Rehabilitation Project for the amount of $18,369,975. (Public Works) (Fiscal Impact) Resolution No. 116-16 ADOPTED by the following vote:

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

151164 [Planning Code - Landmark Designation - 171 San Marcos Avenue (aka Cowell House)] Sponsors: Yee; Peskin Ordinance designating 171 San Marcos Avenue (aka Cowell House), Assessor’s Block No. 2882, Lot No. 035, as a Landmark under Planning Code, Article 10; and making environmental findings, public necessity, convenience and welfare findings, 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

160100 [Administrative Code - No-Fault Eviction Protections During School Year] Sponsors: Campos; Kim, Avalos, Mar, Cohen and Breed Ordinance amending the Administrative Code to prevent certain no-fault evictions (owner move-in, condominium conversion, removal of rental unit, capital improvement, and substantial rehabilitation) during the school year if a child under 18 or a person who works at a school in San Francisco resides in the rental unit, is a tenant or has a custodial or family relationship with a tenant, and the tenant has resided in the unit for 12 months or more, provided, however, that this ordinance would not restrict the timing of evictions performed in connection with mandatory seismic retrofits pursuant to Building Code, Chapter 34B, and Administrative Code, Chapter 65A; and to remove existing exceptions for owners that apply to owner move-in evictions during the school year. 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

160024 [Police, Administrative Codes - All-Gender Toilet Facilities] Sponsors: Campos; Farrell, Kim, Avalos, Mar, Yee, Wiener and Breed Ordinance amending the Police Code to mandate that businesses and places of public accommodation designate single-user toilet facilities that are available to the public or employees as all-gender and accessible to persons of any gender identity, and require enforcement of the signage requirements by the Department of Building Inspection; amending the Administrative Code to require buildings on land that the City owns or leases to provide all-gender toilet facilities; and affirming the Planning Department’s determination under the California Environmental Quality Act. Supervisors Wiener and Breed requested to be added as co-sponsors. PASSED, ON FIRST READING by the following vote:

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

160223 [Declaring Existence of a Shelter Crisis] Sponsors: Campos; Kim, Avalos, Mar, Yee, Breed, Peskin and Cohen Ordinance making findings and declaring the existence of a shelter crisis in San Francisco under California Government Code, Sections 8698, et seq. PASSED ON FIRST READING by the following vote:

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

Noes: Farrell, Tang, Wiener

Absent: Peskin

Supervisor Campos, seconded by Supervisor Kim, 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

PASSED ON FIRST READING by the following vote:

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

Noes: Farrell, Tang, Wiener

160208 [Reappointment, Municipal Transportation Agency Board of Directors - Cristina Rubke] Sponsor: Mayor Motion confirming the Mayor's reappointment of Cristina Rubke to the Municipal Transportation Agency Board of Directors, term ending March 1, 2020. (Charter, Section 8A.102(a), provides that the Board of Supervisors shall confirm the Mayor's appointment by a majority (six votes) of the Board of Supervisors after a public hearing. Transmittal Date: March 2, 2016.) Motion No. M16-038 APPROVED by the following vote:

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

Absent: Peskin

160214 [Reappointment, Municipal Transportation Agency Board of Directors - Malcom Heinicke] Sponsor: Mayor Motion confirming the Mayor's reappointment of Malcom Heinicke to the Municipal Transportation Agency Board of Directors, term ending March 1, 2020. (Charter, Section 8A.102(a), provides that the Board of Supervisors shall confirm the Mayor's appointment by a majority (six votes) of the Board of Supervisors after a public hearing. Transmittal Date: March 4, 2016.) Motion No. M16-039 APPROVED by the following vote:

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

Absent: Peskin

160266 [Appointments, Mental Health Board - Angela Pon, Ulash Thakore-Dunlap, and Idell Wilson] Motion appointing Angela Pon and reappointing Ulash Thakore-Dunlap and Idell Wilson, terms ending January 31, 2019, to the Mental Health Board. (Rules Committee) Motion No. M16-040 APPROVED by the following vote:

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

160267 [Appointments, Graffiti Advisory Board - Amy Landgraf and Gregory Dillon] Motion appointing Amy Landgraf (residency requirement waived), term ending April 10, 2017, and Gregory Dillon, term ending March 11, 2018, to the Graffiti Advisory Board. (Rules Committee) Motion No. M16-041 APPROVED by the following vote:

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

160153 [Street Vacation - James Alley - Chinese Hospital Improvements] Sponsor: Peskin Ordinance ordering the street vacation of James Alley, generally bounded by Assessor’s Block No. 0192 and Jackson Street, as part of improvements to the Chinese Hospital; approving a quitclaim of the City’s interest in the vacation area pursuant to the terms and conditions of a Purchase and Sale Agreement between the City and County of San Francisco, as seller, and Chinese Hospital Association, as buyer; reserving various easement rights in favor of third party utilities and private property owners; affirming the Planning Department’s determination under the California Environmental Quality Act; adopting findings that the actions contemplated in this legislation are consistent with the General Plan, and the eight priority policies of Planning Code, Section 101.1; and authorizing official acts in connection with this Ordinance. PASSED, ON FIRST READING by the following vote:

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

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 Peskin, 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, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee

160288 [Supporting the California Faculty Association] Sponsors: Mar; Avalos, Kim, Campos, Peskin and Yee Resolution supporting the California Faculty Association and urging the California State University (CSU) administration give the CSU faculty the respect they deserve and agree to the reasonable salary increases they demand. Resolution No. 117-16 ADOPTED by the following vote:

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

160289 [Urging the San Francisco Municipal Transportation Agency to Enforce Labor Harmony Provisions with Respect to Bauer’s Intelligent Transportation, Inc., and its Labor Harmony Violations] Sponsors: Peskin; Kim, Avalos, Breed, Campos, Cohen, Mar, Wiener, Tang and Yee Resolution urging the San Francisco Municipal Transportation Agency (SFMTA) Board and SFMTA Director to deny the Commuter Shuttle Program permit application submitted by Bauer’s Intelligent Transportation, Inc., until such time as Bauer’s demonstrates full compliance with Labor Harmony, under the provisions of Board of Supervisors Resolution No. 96-15 and Transportation Code, Section 914. Supervisor Preskin, seconded by Supervisor Mar, moved that this Resolution be TABLED. The motion carried by the following vote:

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

160290 [Supporting California State Assembly Bill 1887 (Low) - Banning State-Supported Travel to States that Discriminate] Sponsors: Wiener; Campos, Yee and Breed Resolution supporting California State Assembly Bill 1887, authored by Assembly Member Evan Low, which prohibits a state agency from requiring its employees, officers, or members from traveling to states that sanction or require discrimination on the basis of sexual orientation, gender identity, or gender expression and prohibits state-funded or state sponsored travel to those same states. Supervisor Breed requested to be added as a co-sponsor. Resolution No. 118-16 ADOPTED by the following vote:

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

160300 [Final Map 8755 - 1 Franklin Street] Motion approving Final Map 8755, a 35 residential unit and three commercial unit, mixed-use Condominium Project, located at 1 Franklin Street, being a subdivision of Assessor’s Parcel Block No. 0837, Lot No. 003, and adopting findings pursuant to the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Public Works) Motion No. M16-042 APPROVED by the following vote:

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