Board of Supervisors Minutes: April 26, 2016

160341 [Reappointment, Commission on Aging Advisory Council - Diane Lawrence] Motion reappointing Diane Lawrence, term ending March 31, 2018, to the Commission on Aging Advisory Council. (Rules Committee) Motion No. M16-053 APPROVED The foregoing items were acted upon 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. Ordinance No. 062-16 FINALLY PASSED by the following vote:

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

160152 [Appropriation - Office of Small Business in the Mayor’s Office of Economic and Workforce Development - $306,250 from the General Reserve - FY2015-2016] Sponsors: Campos; Peskin Ordinance appropriating $306,250 from the General Reserve for grants and related administrative costs for the Legacy Business Registry and Historic Preservation Fund in the Office of Small Business in the Mayor’s Office of Economic and Workforce Development in FY2015-2016. (Fiscal Impact) Ordinance No. 070-16 FINALLY PASSED by the following vote:

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

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 Yee, seconded by Supervisor Cohen, moved that this Resolution be RE-REFERRED to the Budget and Finance Sub-Committee. The motion carried by the following vote:

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

160154 [Green Building, Environment Codes - Better Roof Requirements for Renewable Energy Facilities] Sponsors: Wiener; Breed and Farrell Ordinance amending the Green Building Code and the Environment Code to establish requirements for certain new building construction facilitating development of renewable energy facilities; updating provisions of the Green Building requirements for City buildings; setting an operative date of January 1, 2017; providing findings as to local conditions pursuant to the California Health and Safety Code; directing the Clerk of the Board of Supervisors to transmit the ordinance to appropriate State officials; and affirming the Planning Department’s determination under the California Environmental Quality Act. Supervisor Farrell requested to be added as a co-sponsor. Ordinance No. 071-16 FINALLY PASSED by the following vote:

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

151279 [Administrative Code - Sanctions for Non-Willful Violations of County Adult Assistance Programs Rules, and Creating Rental Assistance Pilot Project] Sponsor: Farrell Ordinance amending the Administrative Code to codify the process for imposing sanctions for non-willful failures to comply with County Adult Assistance Programs (CAAP) program requirements and establish a three-year rental assistance pilot project for CAAP participants who have been sanctioned as a result of non-willful failures to comply with program requirements. PASSED, ON FIRST READING by the following vote:

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

160121 [Changing Special Tax District - San Francisco Sustainable Financing - Accessibility Access Financing] Sponsor: Tang Resolution making changes to City and County of San Francisco Special Tax District No. 2009-1 (San Francisco Sustainable Financing) to amend the authorized financing purposes to include accessibility access financing for persons with disabilities. Resolution No. 147-16 ADOPTED by the following vote:

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

160218 [Annual Fundraising Drive - 2016] Resolution designating those agencies qualified to participate in the 2016 Annual Joint Fundraising Drive for officers and employees of the City and County of San Francisco. (City Administrator) Resolution No. 148-16 ADOPTED by the following vote:

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

160274 [Real Property Lease - 1030 Polk Associates LP - Tenant Improvements - 2000 Oakdale Avenue - $150,000 Rent in the Base Year - $2,700,000 Estimated Tenant Improvements Cost] Resolution authorizing the Director of Property, on behalf of San Francisco Public Works, to execute a lease of 9,900 rentable square feet at 2000 Oakdale Avenue in San Francisco at a base-year rent expense to City of $150,000 for an initial term of ten years plus three five-year options to extend; and construction of tenant improvements costing the City an estimated $2,700,000. (Public Works) (Fiscal Impact.) Resolution No. 149-16 ADOPTED by the following vote:

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

160275 [Contract Amendment - Alliant Insurance Services, Inc. - Insurance Broker and Risk Management Consulting Services - $59,848,705] Resolution authorizing the Director of Risk Management to enter into the Second Amendment of a contract with Alliant Insurance Services, Inc., for Insurance Broker and Risk Management Consulting Services, to increase the contract limit from $32,288,248 to $59,848,705 for the term of June 1, 2013, through July 30, 2018. (City Administrator) (Fiscal Impact) Resolution No. 150-16 ADOPTED by the following vote:

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

160276 [Master Lease Amendment, Sublease Amendment - AMB Pier One LLC, Port - Pier 1] Resolution approving the Second Amendment to Lease No. L-12838 at Pier 1 with AMB Pier One LLC, a California limited liability company, including an option to extend for an additional fifteen-year term; and approving the First Amendment to the Port of San Francisco sublease at Pier 1; each as approved by the Port Commission. (Port) Resolution No. 151-16 ADOPTED by the following vote:

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

160299 [Contract Agreement - Skidata, Inc. - Replacement of Parking Access and Revenue Control Systems at 22 Off-Street Parking Facilities - Not to Exceed $19,848,007] Sponsor: Farrell Resolution authorizing the Director of Transportation of the San Francisco Municipal Transportation Agency (SFMTA) to enter into a contract with Skidata, Inc., for the equipment, software, and professional services required to install and maintain a new parking access and revenue-control system at 22 off-street parking facilities, for a total not to exceed $19,848,007 and a term to commence following Board approval through June 30, 2029; and affirming the SFMTA determination under the California Environmental Quality Act. (Municipal Transportation Agency) (Fiscal Impact) Resolution No. 153-16 ADOPTED by the following vote:

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

160317 [Public Utilities Commission - Issuance Wastewater Revenue Bonds - Not to Exceed $621,000,000] Resolution approving the issuance of wastewater revenue bonds to be issued by the Public Utilities Commission of the City and County of San Francisco in an aggregate principal amount not to exceed $621,000,000 to finance and refinance capital projects benefitting the Wastewater Enterprise pursuant to amendments to the Charter of the City and County of San Francisco enacted by voters on November 5, 2002, as Proposition E; affirming covenants contained in the indenture pursuant to which the wastewater revenue bonds are issued; authorizing the taking of appropriate actions in connection therewith; and related matters. (Public Utilities Commission) (Fiscal Impact) Resolution No. 154-16 ADOPTED by the following vote:

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

160322 [Ground Lease Amendment - 1555 Turk Street - Laurel Gardens of Bethel A.M.E. Church, L.P. - Up to $950,000 per Year, Including Mandatory $15,000 per Year Base Rent] Sponsor: Breed Resolution authorizing the execution and performance of an amendment to a Long-Term Ground Lease of 99 years in length between the City and County of San Francisco and Laurel Gardens of Bethel A.M.E. Church, L.P., a California limited partnership, for real property located at 1555 Turk Street, in connection with the refinancing and rehabilitation of 52 units of affordable housing for low and very low income individuals and families, for an annual rent amount of up to $950,000 per year, including a mandatory $15,000 per year base rent. (Mayor’s Office of Housing and Community Development) (Fiscal Impact) Resolution No. 155-16 ADOPTED by the following vote:

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

ted on the first 21 floors of a 42 story mixed use building to be constructed at 510 Folsom Street (also known as Transbay Block 9), and related parking and other improvements (the “Project”); authorizing and directing the Director to direct the Controller’s Office to hold in trust an amount not to exceed $100,000 in accordance with CDLAC procedures; authorizing the Director to certify to CDLAC that the City has on deposit the required amount; authorizing the Director to pay an amount equal to such deposit to the State of California if the City fails to issue the tax exempt residential rental housing bonds; approving, for purposes of the Internal Revenue Code of 1986, as amended, the issuance and sale of tax exempt residential rental housing bonds by the City in an aggregate principal amount not to exceed $175,000,000; authorizing and directing the execution of any documents necessary to implement this Resolution, as defined herein; and ratifying and approving any action heretofore taken in connection with the Project, as defined herein, and the Application, as defined herein. (Mayor’s Office of Housing and Community Development) Resolution No. 156-16 ADOPTED by the following vote:

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

160104 [Police Code - Entertainment Commission Permit Procedures] Sponsors: Wiener; Breed and Farrell Ordinance amending the Police Code to authorize the Director of the Entertainment Commission to waive the filing fee for Loudspeaker Permits based on certain criteria, replace a leafletting notice requirement to residents with a mailed notice requirement to neighborhood organizations for Place of Entertainment Permit applications in neighborhood-commercial or mixed residential districts, and authorize the Director of the Entertainment Commission to extend the nine-month deadline for conditional grants of Place of Entertainment and Limited Live Performance Permits. Supervisor Farrell requested to be added as a co-sponsor. Supervisor Wiener, seconded by Supervisor Peskin, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, by striking 'for an event that receives City funding', and adding 'filed by an entity that has received City funds specifically for the event that is the subject of the permit application'. The motion carried by the following vote:

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

Supervisor Wiener requested File No. 160104 be DUPLICATED AS AMENDED. See duplicated File No. 160421. Supervisor Wiener, seconded by Supervisor Peskin, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE, by striking the proposed amendments to Section 1060.5(b) on Page 2, Line 17, through Page 4, Line 3, regarding noticing requirements for Place of Entertainment Permit applications in neighborhood-commercial or mixed residential districts. The motion carried by the following vote:

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

Ordinance amending the Police Code to authorize the Director of the Entertainment Commission to waive the filing fee for Loudspeaker Permits based on certain criteria and authorize the Director of the Entertainment Commission to extend the nine-month deadline for conditional grants of Place of Entertainment and Limited Live Performance Permits. PASSED ON FIRST READING AS AMENDED by the following vote:

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

160421 [Police Code - Entertainment Commission Permit Procedures] Sponsors: Wiener; Breed and Farrell Ordinance amending the Police Code to authorize the Director of the Entertainment Commission to waive the filing fee for Loudspeaker Permits based on certain criteria, replace a leafletting notice requirement to residents with a mailed notice requirement to neighborhood organizations for Place of Entertainment Permit applications in neighborhood-commercial or mixed residential districts, and authorize the Director of the Entertainment Commission to extend the nine-month deadline for conditional grants of Place of Entertainment and Limited Live Performance Permits. Duplicated from File No. 160104. Supervisor Wiener, seconded by Supervisor Peskin, moved that this Ordinance be REFERRED to the Land Use and Transportation Committee. The motion carried by the following vote:

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

160284 [Bi-Annual Housing Balance Report - March 2016] Sponsor: Kim Resolution receiving and approving the bi-annual Housing Balance Report dated March 31, 2016, submitted as required by Planning Code, Section 103. Resolution No. 152-16 ADOPTED by the following vote:

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

160338 [Appointment, Shelter Monitoring Committee - Patrina Hall] Motion appointing Patrina Hall, term ending November 23, 2016, to the Shelter Monitoring Committee. (Rules Committee) Motion No. M16-054 APPROVED by the following vote:

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

160342 [Appointments, Citizen's Committee on Community Development - Peter Cohen and Miquel Penn] Motion appointing Megan Rohrer and reappointing Miquel Penn, terms ending February 23, 2018, to the Citizen's Committee on Community Development. (Rules Committee) (Supervisor Mar dissented on the appointment of Megan Rohrer in Committee.) Privilege of the floor was granted unanimously to Jon Givner (Office of the City Attorney) and Nicole Elliott (Mayor's Office) who responded to questions raised throughout the discussion. Supervisor Mar, seconded by Supervisor Peskin, moved that this Motion be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE, on Page 1, Lines 1, 3, and 10, by striking 'Megan Rohrer' and adding 'Peter Cohen.' The motion carried by the following vote:

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

Noes: Breed, Cohen, Farrell, Tang, Wiener

Motion appointing Peter Cohen and reappointing Miquel Penn, terms ending February 23, 2018, to the Citizen's Committee on Community Development. (Rules Committee) Although a motion and second was not required, Supervisor Breed, seconded by Supervisor Cohen, moved that the question for this Motion be DIVIDED AS AMENDED to consider each appointment separately. The motion carried by the following vote:

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

City and County of San Francisco Page 292 Printed at 1:02 pm on 6/15/16 Board of Supervisors Meeting Minutes 4/26/2016 Motion No. M16-056 The motion appointing Peter Cohen to the Citizen's Committee on Community Development was APPROVED AS AMENDED by the following vote:

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

Noes: Breed, Cohen, Farrell, Tang, Wiener

Motion No. M16-056 The motion appointing Miquel Penn to the Citizen's Committee on Community Development was APPROVED by the following vote:

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

160343 [Reappointments, In-Home Supportive Services Public Authority - Patricia Webb, Patricia Wooley, Rita Semel, Judith Karshmer, Tatiana Kostanian, and Melvin Beetle] Motion reappointing Patricia Webb, Patricia Wooley, Rita Semel, Judith Karshmer, Tatiana Kostanian, and Melvin Beetle, terms ending March 1, 2019, to the In-Home Supportive Services Public Authority. (Rules Committee) Motion No. M16-055 APPROVED 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 four 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 for a location within 500 feet of another permitted establishment, issuing the permit in a Supervisorial District with 45 or more such permits, issuing the permit for a location not previously occupied by a permitted establishment, and 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

y Affordable Housing Fee and Requirements; Preparation of Economic Feasibility Report; Establishing Inclusionary Housing Technical Advisory Committee] Sponsors: Kim; Peskin, Yee and Mar Ordinance amending the Planning and Administrative Codes to increase the Inclusionary Affordable Housing fee and other requirements; require the Controller to prepare an economic feasibility report regarding the City’s inclusionary housing requirements and make recommendations by July 31, 2016, and every three years thereafter; and establish the Inclusionary Housing Technical Advisory Committee to provide advice about the economic feasibility of proposals to set maximum economically viable inclusionary housing requirements, and set forth the membership and duties of the Advisory Committee; affirming the Planning Department’s determination under the California Environmental Quality Act; making findings of public convenience, necessity, and welfare under Planning Code, Section 302; and making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. Supervisor Mar 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, Yee

Noes: Farrell, Wiener

160372 [Urging the California Attorney General to Investigate the Racist Text Messages and Practices of the San Francisco Police Department] Sponsors: Cohen; Kim, Yee, Mar and Campos Resolution urging California Attorney General Kamala Harris initiate a civil-rights investigation, pursuant to California Civil Code, Section 52.3, into the San Francisco Police Department’s racist text messages and practices. Supervisor Cohen, seconded by Supervisor Wiener, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 3, Lines 3 through 9, by striking two WHEREAS clauses regarding the suggested patterns or practices of the Police Department, and the California Attorney General's authority, and adding two WHEREAS clauses regarding San Francisco's compliance with California Civil Code, and the Board of Supervisors request to for the California Attorney General to investigate; and adding other clarifying verbiage. The motion carried by the following vote:

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

Resolution No. 157-16 ADOPTED AS AMENDED by the following vote:

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

160390 [Public Works Week - April 25-29, 2016] Sponsors: Breed, Cohen, Avalos, Wiener, Farrell, Yee and Tang Resolution commending the men and women of San Francisco Public Works and declaring April 25 through April 29, 2016, as Public Works Week in San Francisco. Supervisor Tang requested to be added as a co-sponsor. Resolution No. 158-16 ADOPTED by the following vote:

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

City and County of San Francisco Page 295 Printed at 1:02 pm on 6/15/16 Board of Supervisors Meeting Minutes 4/26/2016 Supervisor Farrell Excused from Voting Supervisor Farrell requested to be excused from voting on File No. 160391, to avoid any hint of impropriety even though he has been advised there is no conflict of interest. Supervisor Campos, seconded by Supervisor Cohen, moved that Supervisor Farrell be excused from voting on File No. 160391. The motion carried by the following vote:

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

Excused: Farrell

160391 [Opposing California State Senate Bill 1102 (McGuire) - Short-Term Rentals and Collection of Transient Occupancy Taxes] Sponsors: Campos; Peskin and Mar Resolution urging the California State Legislature to oppose State Senate Bill 1102 (McGuire), which could thwart San Francisco's and other local jurisdictions' ability to enforce regulation of short-term rentals and collect Transit Occupancy Taxes for short-term rental units in the City and County of San Francisco. Supervisor Mar requested to be added as a co-sponsor. Supervisor Campos, seconded by Supervisor Wiener, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE, by adding additional WHEREAS clauses to further expound on the details of the Board's opposition and reasons, and by adding an additional RESOLVED clause directing the Clerk of the Board to transmit the legislation to State Senator McGuire. The motion carried by the following vote:

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

Excused: Farrell

Resolution opposing California State Senate Bill 1102, authored by Senator McGuire, which would infringe upon the City’s longstanding home rule powers, preclude the City from effectively enforcing the application of its transient occupancy tax to short-term residential rentals, and prevent the City from obtaining information from platforms that may allow the City to enforce its zoning, housing, building, and life safety laws. Supervisor Wiener, seconded by Supervisor Cohen, moved that this Resolution be CONTINUED AS AMENDED to the Board of Supervisors meeting of May 3, 2016. The motion carried by the following vote:

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

Excused: Farrell

160392 [KFOG DJ Appreciation Day - April 20, 2016] Sponsor: Farrell Resolution declaring April 20, 2016, KFOG DJ Appreciation Day in the City and County of San Francisco. Resolution No. 159-16 ADOPTED by the following vote:

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