Board of Supervisors Minutes: April 12, 2016

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. Ordinance No. 053-16 FINALLY PASSED The foregoing items were acted upon by the following vote:

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

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. Ordinance No. 056-16 FINALLY PASSED 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, Mar and Breed 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) Supervisors Mar and Breed requested to be added as co-sponsors. Ordinance No. 054-16 FINALLY PASSED 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. Ordinance No. 057-16 FINALLY PASSED by the following vote:

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

Noes: Tang, Wiener

160151 [Public Employment - Annual Salary Ordinance Amendment - Office of Small Business in the Mayor’s Office of Economic and Workforce Development - FYs 2015-2016 and 2016-2017] Sponsors: Campos; Peskin Ordinance amending Ordinance No. 129-15 (Annual Salary Ordinance - FYs 2015-2016 and 2016-2017) to reflect the addition of one (1) 9774 Sr. Community Development Specialist for the equivalent of seven full pay periods before the end of FY2015-2016 in the Office of Small Business in the Mayor’s Office of Economic and Workforce Development (ECN) to administer the Legacy Business Registry and Historic Preservation Fund. (Fiscal Impact) PASSED, ON FIRST READING by the following vote:

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

151080 [Administrative Code - Establishing Mayor’s Nuisance Abatement Revolving Loan Fund] Sponsors: Wiener; Cohen Ordinance amending the Administrative Code to establish the Mayor’s Nuisance Abatement Revolving Loan Fund to help building owners finance repairs and improvements needed to abate violations of Building Inspection Commission Codes. Supervisor Cohen 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

nt between the City and County of San Francisco and the Trustee named therein (including certain indemnities contained therein); approving the form of a Supplemental Property Lease between the City, as lessor, and the Trustee, as lessee; approving the form of a Supplemental Project Lease between the Trustee, as lessor, and the City, as lessee; approving the form of an Official Notice of Sale and Notice of Intention to Sell for the Certificates of Participation, if sold by competitive sale; authorizing certain actions relating to the Certificates of Participation, if sold by negotiated sale, including approving the form of a Purchase Contract between the City and the underwriter(s) selected in accordance City policies; approving the form of an official statement in preliminary and final form; approving the form of a Continuing Disclosure Certificate; granting general authority to City officials to take necessary actions in connection with the authorization, issuance, sale and delivery of the Certificates of Participation; approving modifications to documents; and ratifying previous actions taken in connection therewith. (Fiscal Impact) PASSED, ON FIRST READING by the following vote:

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

160148 [Agreement - Accept Vizient, Inc., Common Stock - Authorization to Accept Distribution of Shares] Resolution approving the acceptance of a distribution of Vizient, Inc. common stock, by and through the Department of Public Health, and authorizing the Director of Health to enter into an agreement with Vizient to accept the distribution of shares, including the 11th Amended Stockholders’ Agreement and the Joinder to the Amended and Restated Stockholders’ Agreement. (Public Health Department) Resolution No. 121-16 ADOPTED by the following vote:

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

160257 [California Enterprise Development Authority Issuance of Tax-Exempt Bonds - Brandeis School of San Francisco - Not to Exceed $10,000,000] Sponsor: Yee Resolution approving in accordance with Internal Revenue Code of 1986, as amended, Section 147(f) thereof, the issuance of tax-exempt revenue obligations by the California Enterprise Development Authority in an aggregate principal amount not to exceed $10,000,000 to refinance various capital facilities owned by the Brandeis School of San Francisco. Resolution No. 123-16 ADOPTED by the following vote:

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

160282 [Agreement Amendment - Leaders in Community Alternative, Inc. - Operation of the Community Assessment and Services Center - Reentry Service - Not to Exceed $11,490,153] Sponsor: Kim Resolution approving the fifth amendment to an agreement between the Adult Probation Department and Leaders in Community Alternatives, Inc., for reentry services and operations of the Community Assessment and Services Center, to increase the contract amount to $11,490,153 over the agreement term of June 1, 2012, through June 30, 2017. (Fiscal Impact) Resolution No. 124-16 ADOPTED by the following vote:

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

160283 [Office Space Lease - PBV II, LLC - 564-6 Street - $848,190 in Initial Year] Sponsor: Kim Resolution authorizing a Lease between the City and County of San Francisco, as Tenant, and PBV II, LLC, as Landlord, of office space located at 564-6 Street, consisting of approximately 17,500 square feet from July 1, 2016, through June 30, 2026, subject to City's termination rights, for use by the Adult Probation Department at $70,682.50 monthly; for $848,190 rent in the initial year with annual 3% increases and four five-year options to extend. (Fiscal Impact) Resolution No. 125-16 ADOPTED by the following vote:

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

151081 [Building Code - Permit Suspension for Repeat Violations] Sponsors: Wiener; Cohen and Tang Ordinance amending the Building Code to authorize the Director of the Department of Building Inspection to stop all work on a construction project whenever there are repeated violations of City codes on the project; and affirming the Planning Department’s determination under the California Environmental Quality Act. Supervisor Tang 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

151085 [Various Codes - Code Enforcement Procedures] Sponsors: Wiener; Cohen Ordinance amending the Building, Housing, Electrical, Plumbing, Fire, Health, Planning, and Administrative Codes to clarify and standardize enforcement procedures for violations of Municipal Codes relating to buildings and property, to require departments to report on code enforcement activities, and to direct the City Administrator to coordinate the preparation of standard Citywide model forms for code enforcement proceedings; setting an operative date of June 1, 2016; and 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. PASSED, ON FIRST READING by the following vote:

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

160155 [Public Works Code - Stormwater Management Requirements] Sponsor: Wiener Ordinance amending the Public Works Code to incorporate changes to ensure consistency and compliance with California’s municipal stormwater permit requirements; to revise application of the requirements from projects disturbing 5,000 square feet of ground surface area to projects that include construction or remodeling of 5,000 square feet of impervious surface area; and affirming the Planning Department’s determination under the California Environmental Quality Act. PASSED, ON FIRST READING by the following vote:

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

151109 [Establishing the SoMa Pilipinas - Filipino Cultural Heritage District in San Francisco] Sponsors: Kim; Mar, Wiener, Avalos, Campos, Peskin, Cohen, Yee and Breed Resolution establishing the SoMa Pilipinas - Filipino Cultural Heritage District in the City and County of San Francisco. Supervisor Breed requested to be added as a co-sponsor. Resolution No. 119-16 ADOPTED by the following vote:

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

160150 [Redevelopment Plan Amendment - Transbay Redevelopment Project Area - Zone One] Sponsors: Mayor; Kim Ordinance approving an amendment to the Redevelopment Plan for the Transbay Redevelopment Project Area, to increase the maximum height limit from 300 feet to 400 feet on Block 1 (Assessor’s Block No. 3740, Lot Nos. 027, 029, 030, 031, and 032) within Zone One of the Transbay Redevelopment Project Area; and making environmental findings under the California Environmental Quality Act, and findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. Supervisor Kim, seconded by Supervisor Campos, moved that this Ordinance be CONTINUED to the Board of Supervisors meeting of April 19, 2016. The motion carried by the following vote:

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

160133 [First Amended Tolling Agreement - California Department of Fish and Wildlife, Office of Spill Prevention and Response - San Mateo Creek Discharges] Resolution approving a First Amended Tolling Agreement to toll the statutes of limitations for the California Department of Fish and Wildlife, Office of Spill Prevention and Response, to bring potential claims against the San Francisco Public Utilities Commission for discharges of chlorinated water into San Mateo Creek. (City Attorney) Resolution No. 120-16 ADOPTED by the following vote:

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

160188 [General Plan Amendment - Downtown Area Plan Map 5 - Portions of Transbay Redevelopment Plan Blocks 1 and 2] Ordinance amending the General Plan by revising Map 5 of the Downtown Area Plan to include a note stating that the proposed Height and Bulk Districts on Block 1 (Assessor’s Parcel Block No. 3740, Lot Nos. 027, 029, 030, 031, and 032), on Folsom Street between Main and Spear Streets, and a portion of Block 2 (Assessor’s Parcel Block No. 3739, Lot No. 004), on Folsom and Main Streets, of the Transbay Redevelopment Project Area shall be consistent with those provided in the Transbay Redevelopment Plan Development Controls; and making findings, including findings under the California Environmental Quality Act, and findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Planning Commission) PASSED, ON FIRST READING by the following vote:

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

160253 [Health Code - Exempting The Humidor from Certain Provisions of the Tobacco Sales Permit Ordinance] Sponsor: Peskin Ordinance exempting The Humidor, formerly located at 275 Battery Street, from two prohibitions in the Tobacco Sales Permit Ordinance on the issuance of such a permit for The Humidor’s new location at One Embarcadero Center: the prohibitions on issuing the permit in a Supervisorial District with 45 or more such permits, and on issuing the permit to a tobacco shop. PASSED, ON FIRST READING by the following vote:

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

160334 [Rename James Alley to “Rose Pak’s Way 白白白白”] Sponsors: Peskin; Farrell, Wiener, Kim, Mar, Yee, Avalos, Tang, Campos and Cohen Resolution changing the name of James Alley, an alleyway off of Jackson Street in Chinatown, to “Rose Pak’s Way 白白白白” in recognition of Rose Pak’s contributions to the City and County of San Francisco and the Chinatown community. Resolution No. 128-16 ADOPTED The foregoing items were acted upon 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 Kim, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE, to change the description of the type of businesses from ‘non-traditional alcohol retail businesses’ to ‘formula retail food and drink establishments that do not traditionally sell alcohol’; add a ‘WHEREAS’ clause stating the intent of the resolution; strike a ‘WHEREAS’ clause regarding alcohol use in San Francisco; add a ‘WHERAS’ clause regarding alcohol consumption being a major contributor to premature mortality in San Francisco; strike a ‘WHERAS’ clause regarding the findings published by the Medical Examiner; and add ‘San Francisco Alcohol Policy Partnership Working Group’ and ‘San Francisco Friday Night Live’ as supporters. The motion carried by the following vote:

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

Resolution to urge the California Department of Alcohol Beverage Control to deny alcohol license applications of Formula Retail food and drink establishments that do not traditionally sell alcohol in San Francisco. Resolution No. 122-16 ADOPTED AS AMENDED by the following vote:

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

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 Campos requested to be added as a co-sponsor. Supervisor Cohen, seconded by Supervisor Tang, moved that this Resolution be CONTINUED to the Board of Supervisors meeting of April 19, 2016. The motion carried by the following vote:

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

to amend California State Assembly Bills 2501, authored by Assembly Members Bloom and Low, and 2522, authored by Assembly Member Bloom, to grant exceptions from state density bonus requirements to jurisdictions that exist as both a City and a County, with a population greater than 600,000. Supervisor Campos requested to be added as a co-sponsor. Supervisor Tang, seconded by Supervisor Peskin, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE, to urge the California state legislators to oppose Assembly Bill (AB) 2522 rather than amend; urge amendments to state AB 2501 shall not apply to jurisdictions that have at least 25% of affordable to very low, low, and moderate income residents; add a ‘RESOLVED’ clause regarding San Francisco’s commitment to utilize all affordable housing policy tools to achieve local housing balance goals for all income levels; add a ‘RESOLVED’ clause to urge the state legislators to oppose AB 2522; and add a ‘RESOLVED’ clause to state the Board of Supervisors will continue to collaborate with state legislators to make the State Density Bonus law workable in a dense urban environment. The motion carried by the following vote:

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

Resolution urging the San Francisco Legislative Delegation to amend California State Assembly Bill 2501, authored by Assembly Members Bloom and Low, to grant exceptions from state density bonus requirements, and to oppose Assembly Bill 2522, authored by Assembly Member Bloom. Resolution No. 127-16 ADOPTED AS AMENDED by the following vote:

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