Board of Supervisors Minutes: May 3, 2016

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. Ordinance No. 073-16 FINALLY PASSED City and County of San Francisco Page 307 Printed at 1:04 pm on 6/15/16 Board of Supervisors Meeting Minutes 5/3/2016 The foregoing items were acted upon by the following vote:

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

Noes: None

Absent: Mar

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 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. Ordinance No. 075-16 FINALLY PASSED by the following vote:

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

Noes: None

Absent: Mar

anning, Administrative Codes - Inclusionary 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. Ordinance No. 076-16 FINALLY PASSED by the following vote:

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

Noes: Farrell, Wiener

160357 [Appropriation - Proceeds from Short-Term Certificates of Participation - Transbay Transit Center Project - $260,000,000 - FY2015-2016] Sponsors: Mayor; Kim, Wiener and Campos Ordinance appropriating $260,000,000 of proceeds from short-term certificates of participation to general City responsibility for interim financing related to the Transbay Transit Center Project in FY2015-2016. (Fiscal Impact.) PASSED ON FIRST READING by the following vote:

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

Noes: Peskin

160363 [Annexation of Property to City and County of San Francisco Community Facilities District No. 2014-1 (Transbay Transit Center)] Sponsors: Mayor; Kim, Wiener and Campos Resolution determining that certain property in the future annexation area, namely Assessor’s Parcel Block No. 3721, Lot No. 019, Block No. 3721, Lot No. 020, and Block No. 3721, Lot No. 029, is Annexed to the City and County of San Francisco Community Facilities District No. 2014-1 (Transbay Transit Center). Resolution No. 165-16 ADOPTED by the following vote:

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

Noes: Peskin

[Certificates of Participation - Interim Financing for Phase 1 of the Transbay Transit Center Project - Not to Exceed $260,000,000] Sponsors: Mayor; Kim, Wiener and Campos Resolution approving and authorizing the execution and delivery of Tax Exempt and/or Taxable Lease Revenue Commercial Paper Certificates of Participation and Tax Exempt and/or Taxable Direct Placement Revolving Certificates of Participation in a combined aggregate principal of amount not to exceed $260,000,000 to provide interim financing for Phase 1 of the Transbay Transit Center Project; approving and authorizing execution of one or more trust agreements, site leases, subleases, a leaseback, one or more letters of credit and reimbursement agreements and/or lines of credit, and one or more certificate purchase agreements and related documents; and Declaring the Official Intent of the City to reimburse itself from proceeds of Tax-Exempt Obligations in accordance with the Internal Revenue Code of 1986, as amended; and making certain public benefit findings for the Transbay Transit Center Project under California Government Code, Section 6586.5. (Fiscal Impact.) Resolution No. 166-16 ADOPTED by the following vote:

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

Noes: Peskin

160101 [Business and Tax Regulations Code - Parking Tax Exemption for Certain Parking Events on School District Property] Sponsors: Mar; Farrell Ordinance amending the Business and Tax Regulations Code to exempt, from the parking tax and certain other requirements, a limited number of special parking events operated by volunteer-led non-profit organizations on School District property for the benefit of San Francisco public schools and earning less than $10,000 per event from rent; establishing Special School Parking Event Permits issued by the Tax Collector; and establishing a sunset date. Supervisor Farrell 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

Noes: None

160207 [Administrative Code - Local Business Enterprise Bid Discounts] Ordinance amending the Administrative Code to allow the San Francisco Public Utilities Commission (SFPUC) Local Business Enterprises to receive Bid Discounts on eligible SFPUC Regional Project contracts, with certain restrictions. (Public Utilities Commission) PASSED, ON FIRST READING by the following vote:

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

Noes: None

160285 [Ground Lease - Mercy Housing California 64, LP - 255 Fremont Street / 222 Beale Street - Transbay Block 7 Housing - $15,000 per Year] Sponsor: Kim Resolution approving and authorizing the Successor Agency to the Redevelopment Agency of the City and County of San Francisco to execute a ground lease at 255 Fremont Street / 222 Beale Street, with Mercy Housing California 64, LP, a California limited partnership, for $15,000 per year for a term of 75 years for the purpose of developing housing for very low and low-income households at Transbay Block 7. (Fiscal Impact.) Resolution No. 160-16 ADOPTED by the following vote:

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

Noes: None

160302 [Contract Approval - Univar USA, Inc. - Purchase of Sodium Hypochlorite - Estimated Not to Exceed $24,000,000] Resolution approving the contract between the City and County of San Francisco and Univar USA, Inc., pursuant to Charter, Section 9.118(b), for purchase of sodium hypochlorite with an initial amount not to exceed $14,500,000 for a term of June 1, 2016, through May 31, 2019; with two options to extend the agreement for up to one year each with a total amount not to exceed $24,000,000 for the term ending March 31, 2021. (Office of Contract Administration) (Fiscal Impact.) Resolution No. 161-16 ADOPTED by the following vote:

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

Noes: None

160328 [Accept and Expend Grant - California Department of Public Health - Hepatitis C Virus Testing and Linkages to Care Demonstration Projects - $456,000] Sponsor: Wiener Resolution retroactively authorizing the San Francisco Department of Public Health to accept and expend a grant in the amount of $456,000 from the California Department of Public Health to participate in a program entitled Hepatitis C Virus Testing and Linkages to Care Demonstration Projects for the period of March 1, 2016, through June 30, 2016. (Public Health Department) Resolution No. 163-16 ADOPTED by the following vote:

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

Noes: None

160330 [Accept and Expend Gift - Estate of Norma Parenti - Laguna Honda Hospital and Rehabilitation Center Gift Fund - $26,673.29] Sponsors: Yee; Breed Resolution retroactively authorizing the Department of Public Health, Laguna Honda Hospital and Rehabilitation Center, to accept and expend a gift of $26,673.29 from the Estate of Norma Parenti to the Laguna Honda Hospital and Rehabilitation Center Gift Fund for the period of April 1, 2016, through March 31, 2026. (Public Health Department) Supervisor Breed requested to be added as a co-sponsor. Resolution No. 164-16 ADOPTED by the following vote:

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

Noes: None

160365 [Apply for, Accept, and Expend Grant - Community Development Block Grant Program - $19,163,346 - FY2016-2017] Sponsor: Mayor Resolution approving the FY2016-2017 Community Development Block Grant (CDBG) Program; authorizing the Mayor, on behalf of the City and County of San Francisco, to apply for, accept, and expend the City’s FY2016-2017 CDBG Program entitlement from the U.S. Department of Housing and Urban Development in the amount of $16,485,875, and to expend program income and reprogrammed funds in the amount of $2,677,471, for a period beginning July 1, 2016, through the date when all funds are expended. (Mayor’s Office of Housing and Community Development) Resolution No. 167-16 ADOPTED by the following vote:

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

Noes: None

160366 [Apply for, Accept, and Expend Grant - Housing Opportunities for Persons with AIDS Program - $9,213,182 - FY2016-2017] Sponsor: Mayor Resolution approving the FY2016-2017 Housing Opportunities for Persons with AIDS (HOPWA) Program; and authorizing the Mayor, on behalf of the City and County of San Francisco, to apply for, accept, and expend the City’s FY2016-2017 HOPWA Program entitlement from the U.S. Department of Housing and Urban Development in the amount of $7,089,501 and to expend program income and reprogrammed funds in the amount of $2,123,681 for a combined total of $9,213,182 for the period of July 1, 2016, through June 30, 2021. (Mayor’s Office of Housing and Community Development) Resolution No. 168-16 ADOPTED by the following vote:

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

Noes: None

160367 [Apply for, Accept, and Expend Grant - HOME Program - $4,236,238 - FY2016-2017] Sponsor: Mayor Resolution approving the FY2016-2017 HOME Investment Partnership (HOME) Program; and authorizing the Mayor, on behalf of the City and County of San Francisco, to apply for, accept, and expend the City’s FY2016-2017 HOME Program entitlement from the U.S. Department of Housing and Urban Development in the amount of $4,136,238 and to expend program income in the amount of $100,000 for a combined total of $4,236,238 for the term of July 1, 2016, through June 30, 2021. (Mayor’s Office of Housing and Community Development) Resolution No. 169-16 ADOPTED by the following vote:

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

Noes: None

160368 [Apply for, Accept, and Expend Grant - Emergency Solutions Grants Program - $1,484,425 - FY2016-2017] Sponsor: Mayor Resolution approving the FY2016-2017 Emergency Solutions Grants (ESG) Program; and authorizing the Mayor, on behalf of the City and County of San Francisco, to apply for, accept, and expend the City’s FY2016-2017 ESG Program entitlement from the U.S. Department of Housing and Urban Development, in the amount of $1,484,425 for an unspecified period starting July 1, 2016. (Mayor’s Office of Housing and Community Development) Resolution No. 175-16 ADOPTED by the following vote:

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

Noes: None

160370 [Multifamily Housing Revenue Bonds - Transbay Block 7 Affordable Housing - Not to Exceed $35,000,000] Sponsor: Kim Resolution authorizing the issuance, sale, and delivery of multifamily housing revenue bonds in an aggregate principal amount not to exceed $35,000,000 for the purpose of providing financing for the construction of a 120-unit multifamily rental housing project known as Transbay Block 7 Affordable Housing; approving the form of and authorizing the execution of an indenture of trust providing the terms and conditions of the bonds; approving the form of and authorizing the execution of a regulatory agreement and declaration of restrictive covenants; approving the form of and authorizing the execution of a loan agreement; authorizing the collection of certain fees; approving modifications, changes, and additions to the documents; ratifying and approving any action heretofore taken in connection with the bonds and the project; granting general authority to City officials to take actions necessary to implement this Resolution; and related matters. (Mayor’s Office of Housing and Community Development) Resolution No. 170-16 ADOPTED by the following vote:

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

Noes: None

150672 [Home Detention Electronic Monitoring Program Rules and Regulations and Program Administrator’s Evidence of Financial Responsibility - 2015] Resolution approving the Sheriff Department’s home detention and electronic monitoring program rules and regulations and approving evidence of financial responsibility demonstrated by program administrator, Leaders in Community Alternatives, for the 2015 calendar year. (Sheriff) Supervisor Avalos, seconded by Supervisor Kim, moved that this Resolution be CONTINUED to the Board of Supervisors meeting of May 17, 2016. The motion carried by the following vote:

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

Noes: None

160313 [Home Detention Electronic Monitoring Program Rules and Regulations and Program Administrator’s Evidence of Financial Responsibility - 2016] Resolution approving the Sheriff Department’s home detention and electronic monitoring program rules and regulations and approving evidence of financial responsibility demonstrated by program administrator, Leaders in Community Alternatives, for the 2016 calendar year. (Sheriff) Supervisor Avalos, seconded by Supervisor Kim, moved that this Resolution be CONTINUED to the Board of Supervisors meeting of May 17, 2016. The motion carried by the following vote:

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

Noes: None

151211 [Planning Code - Landmark Designation - 90-92 Second Street (aka the Bourdette Building)] Sponsors: Kim; Peskin Ordinance designating 90-92 Second Street (aka the Bourdette Building), Assessor’s Block No. 3707, Lot No. 012, as a Landmark under Planning Code, Article 10; and making environmental 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. PASSED ON FIRST READING by the following vote:

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

Noes: None

Carshell Green; Marianna Baines; Miranda Sarcosa; Sammi Mei; Nicholas Persky; Will Feisferky; Laura Copado; Kathy Cornier; Mary Abler; Tenghni Dereck Tan; June Herrera; Julie Wong; Shara Orquiza; Lorelei Vaisse; Joshua Park; David Moore; Andre; Antoine Kerfesky; Jack Alan; Female Speaker; Liam Thirtyacre; Silvia Johnson; Tad Brockner; Walter Wong; Arianna Wu; Iris Morrell; Gilliam Berkowitz; Tammy Lucas; Carina Leung; Faith Leung; Christina Williams; Crystal; Reuben; Elena Hillard; Female Speaker; Deja Slade; Seri Montano; Peter Granbury; Rafael Quinteiro; Celi Tamayo-Lee; John Calderon; Jimmy Zhang; Stanton Li; Aleya; Lonrezo Tobayali; Otto Duffy; Paulina; Ted Rustom; Female Speaker. Peter Warfield; expressed concerns relating to the hearing matter. There were no other speakers. City and County of San Francisco Page 315 Printed at 1:04 pm on 6/15/16 Board of Supervisors Meeting Minutes 5/3/2016 The Youth Commission took a symbolic vote to urge the Board of Supervisors to support. Commissioner David, seconded by Commissioner Bernick, moved to urge the Board of Supervisors to support the proposed Charter Amendment related to File No. 150267. The motion carried by the following vote:

Ayes: Commissioners Avalos, Bernick, Calderon, David, Galeano, He, Juarez, Kong, Li, Mao, Mansori, Matz, Pating, Plunkett, Soto, Wu

Noes: Commissioner Marshall-Fricker

150267 [Charter Amendment - Sixteen and Seventeen-Year-Old Voting for Municipal Elections] Sponsors: Avalos; Campos, Kim, Mar, Wiener and Yee Charter Amendment (Second Draft) to amend the Charter to authorize 16- and 17-year-olds to vote in municipal elections, at an election to be held on November 8, 2016. Supervisors Wiener and Yee requested to be added as a co-sponsor. Privilege of the floor was granted unanimously to Adele Carpenter, Director (Youth Commission) who responded to questions raised throughout the discussion. Supervisor Avalos, seconded by Supervisor Cohen, moved that this Charter Amendment be CONTINUED to the Board of Supervisors meeting of May 10, 2016. The motion carried by the following vote:

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

Noes: None

160320 [Landmark Tree Designation - Norfolk Island/Cook Pine Hybrid Located at 46A Cook Street] Sponsor: Farrell Ordinance designating the Norfolk Island/Cook Pine hybrid (Araucaria heterophylla x A. columnaris) tree at 46A Cook Street (Assessor’s Parcel Block No. 1067, Lot No. 032) as a landmark tree pursuant to Public Works Code, Section 810, making findings supporting the designation, and requesting official acts in furtherance of the landmark tree designation. PASSED, ON FIRST READING by the following vote:

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

Noes: None

160436 [Committee of the Whole - Report of Delinquent Real Property Transfer Taxes] Motion scheduling the Board of Supervisors to sit as a Committee of the Whole on May 24, 2016, at 3:00 p.m., to hold a public hearing on a Resolution confirming report of delinquent real property transfer tax under Business and Tax Regulations Code, Section 1115.1(c), for Assessor’s Parcel Block No. 0284, Lot No. 010 (562 Sutter Street) and Block No. 0330, Lot No. 023 (55 Cyril Magnin Street), and directing transmission of said report to the Controller and Tax Collector for collection and deposit into the General Fund. (Clerk of the Board) Motion No. M16-057 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

160391 [Opposing California State Senate Bill 1102 (McGuire) - Short-Term Rentals and Collection of Transient Occupancy Taxes] Sponsors: Campos; Peskin and Mar 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 Peskin, seconded by Supervisor Campos, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 1, Line 14, by adding 'not' after 'the City does'. The motion carried by the following vote:

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

Noes: None

Excused: Farrell

Supervisor Wiener, seconded by Supervisor Cohen, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE, on Page 1, Line 7, by adding '; and directing San Francisco to engage with Senator McGuire to seek amendments that preserve San Francisco's local control.'; and on Page 2, Line 24, by adding 'FURTHER RESOLVED, That the San Francisco Board of Supervisors directs City staff and representatives to engage with the author of the bill to seek amendments that preserve San Francisco's local control; and, be it'. The motion carried by the following vote:

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

Noes: None

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; and directing San Francisco to engage with Senator McGuire to seek amendments that preserve San Francisco's local control. Resolution No. 171-16 ADOPTED AS AMENDED by the following vote:

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

Noes: None

Excused: Farrell

ng American Federation of Teachers Local 2121 Faculty at City College of San Francisco] Sponsors: Campos; Kim, Mar, Yee and Avalos Resolution supporting the American Federation of Teachers Local 2121’s (AFT 2121) one day strike and urging the administration of City College of San Francisco to swiftly reach an agreement with AFT 2121 that recognizes the important labor City College faculty perform for the City of San Francisco. Supervisor Farrell, seconded by Supervisor Tang, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 1, Lines 11-12, by striking 'one day strike', Lines 19-20, by striking 'is now sitting on monies amounting to nearly 30 percent of the City College budget needed to', Line 20, by adding 'should prioritize', by striking 'rebuild', by adding 'over cutting courses', by striking 'and', and adding 'to', Lines 24-25, by striking 'WHEREAS, City College is unnecessarily cutting courses that would create additional revenue for the College if allowed on the schedule;'; and on Page 2, Line 4, by striking 'the unfair' and adding 'certain', and Lines 6-7' by striking 'in its one day strike'. The motion carried by the following vote:

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

Noes: None

Resolution No. 173-16 ADOPTED AS AMENDED by the following vote:

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

Noes: None