Board of Supervisors Minutes: May 17, 2016

160359 [Administrative Code - Establishing Municipal Fines and Fees Task Force] Sponsors: Avalos; Kim, Cohen and Mar Ordinance amending the Administrative Code to establish the Municipal Fines and Fees Task Force to advise the Board of Supervisors, the Mayor, and City departments regarding policies that reduce fines and fees for low-income City residents; and setting forth the membership and duties of the Task Force. Ordinance No. 093-16 FINALLY PASSED The foregoing items were acted upon by the following vote:

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

160025 [Administrative Code - Nutritional Standards for Food and Beverages Sold in Vending Machines on City Property or Served at City Meetings and Events] Sponsors: Farrell; Mar Ordinance amending the Administrative Code to require that prepackaged food and beverages sold in vending machines on City property meet specified nutritional standards and calorie labeling requirements; to require City departments to make best efforts to meet nutritional guidelines for food and beverages purchased with City funds and served at City events and meetings; to encourage restaurants, cafeterias, and concessions located on City property to offer healthy food options; and to require the Department of Public Health (DPH) to submit a report to the Board of Supervisors if DPH concludes that nutritional standards and guidelines should be updated. Ordinance No. 091-16 FINALLY PASSED by the following vote:

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

Noes: Peskin

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) Resolution No. 188-16 ADOPTED by the following vote:

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

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) Resolution No. 190-16 ADOPTED by the following vote:

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

160225 [Administrative Code - Best Value Public Works Procurement] Sponsors: Wiener; Tang, Breed and Yee Ordinance amending the Administrative Code to allow departments authorized to perform public work to procure public work contracts through a best value process that selects contractors using a combination of price and qualifications, with bid discounts applicable to price; and to require completion of public works contractor performance evaluations, and to require the creation and maintenance of a database to collect the contractor performance evaluations. Supervisor Wiener, seconded by Supervisor Mar, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 1, Line 23, by adding 'estimated to cost more than or equal to $1,500,000' after 'contract for Public Works or Improvements'. The motion carried by the following vote:

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

PASSED ON FIRST READING AS AMENDED by the following vote:

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

Noes: Avalos

160358 [Appropriation and De-Appropriation - Surplus Revenue and Expenditures - Supporting Increased Overtime Expenditures - $24,682,824 - FY2015-2016] Sponsor: Mayor Ordinance appropriating $4,112,120 surplus revenues, de-appropriating $20,570,704 from permanent salaries, fringe benefit expenses, and non-personnel services, and appropriating $24,682,824 to overtime in the Sheriff’s Department, Department of Emergency Management, Fire Department, Public Health Department, Public Utilities Commission, and the Police Department operating budgets in order to support the Departments’ projected increases in overtime as required per Ordinance No. 194-11 in FY2015-2016; this Ordinance requires a two-thirds vote of all members of the Board of Supervisors for approval of the Fire Department overtime appropriations, pursuant to Charter, Section 9.113(c). (Fiscal Impact) Privilege of the floor was granted unanimously to Harvey Rose, Budget and Legislative Analyst, and Nicole Elliott (Mayor's Office) who responded to questions raised throughout the discussion. PASSED ON FIRST READING by the following vote:

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

Noes: Avalos, Kim, Peskin

Supervisor Campos, seconded by Supervisor Mar, 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

NOT PASSED ON FIRST READING by the following vote:

Ayes: Breed, Farrell, Tang, Wiener, Yee

Noes: Avalos, Campos, Cohen, Kim, Mar, Peskin

Supervisor Farrell, seconded by Supervisor Breed, 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

Although a motion and second was not required, Supervisor Farrell, seconded by Supervisor Cohen, moved that this Ordinance be DIVIDED to consider the Fire Department, Department of Emergency Management, and Sheriff's Department separately. 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: Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee

Noes: Avalos

Supervisor Avalos, seconded by Supervisor Farrell, 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

The divided question relating to the Fire Department, Department of Emergency Management, and the Sheriff's Department was PASSED ON FIRST READING by the following vote:

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

Privilege of the floor was granted unanimously to Melissa Whitehouse (Mayor's Office) who responded to questions raised throughout the discussion. The remaining balance of the Ordinance relating to the Department of Public Health, Public Utilities Commission, and the Police Department was PASSED ON FIRST READING by the following vote:

Ayes: Breed, Cohen, Farrell, Mar, Tang, Wiener, Yee

Noes: Avalos, Campos, Kim, Peskin

160295 [Lease Agreement - Bank of America, N.A. - $365,000 Minimum Annual Guarantee] Resolution approving the Domestic Terminals 1 and 3 Automated Teller Machines Lease No. 16-0070 between Bank of America, N.A., and the City and County of San Francisco, acting by and through its Airport Commission, with a minimum annual guarantee of $365,000 for the first year of the Lease for a five-year term to commence following Board approval, with a two-year option to extend exercisable at the sole discretion of the Airport Commission. (Airport Commission) Supervisor Campos, seconded by Supervisor Peskin, moved that this Resolution be CONTINUED to the Board of Supervisors meeting of May 24, 2016. The motion carried by the following vote:

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

160296 [Lease Agreement - Bank of America, N.A. - $270,000 Minimum Annual Guarantee] Resolution approving the International Terminal Automated Teller Machines Lease No. 16-0069 between Bank of America, N.A., and the City and County of San Francisco, acting by and through its Airport Commission, with a minimum annual guarantee of $270,000 for the first year of the Lease for a five-year term to commence following Board approval with a two-year option to extend exercisable at the sole discretion of the Airport Commission. (Airport Commission) Supervisor Campos, seconded by Supervisor Peskin, moved that this Resolution be CONTINUED to the Board of Supervisors meeting of May 24, 2016. The motion carried by the following vote:

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

160311 [Lease Agreement - China Airlines Limited - Airport Building No. 648 and Related Areas on Plot 10 - $5,851,076] Resolution retroactively approving and authorizing the execution of Facility Lease Agreement No. 16-0072 for Cargo Building 648 on Plot 10, between China Airlines Limited and the City and County of San Francisco, acting by and through its Airport Commission, for an estimated rent of $5,851,076 for a three-year term to commence April 9, 2016, through April 8, 2019, with one three-year option to extend. (Airport Commission) Resolution No. 189-16 ADOPTED by the following vote:

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

160315 [Agreement Amendment - Cogsdale Corporation - Software Maintenance, FAMIS Project - Maximum Expenditure of $1,759,067.62] Resolution authorizing the Controller to enter into the Ninth Amendment of a Software Maintenance Agreement with Cogsdale Corporation, for perpetual software maintenance services for the Controller’s Financial Accounting and Management Information System (“FAMIS”) Project, extending the contract term of July 1, 2006, through June 30, 2016, up to three years through June 30, 2019, and increasing the maximum expenditure for the Ninth Amendment up to $452,661.65, and a total contract amount up to $1,759,067.62. (Controller) (Fiscal Impact) Resolution No. 191-16 ADOPTED by the following vote:

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

ifornia Debt Limit Allocation Committee (“CDLAC”) to permit the issuance of residential mortgage revenue bonds in an aggregate principal amount not to exceed $56,000,000 for 1101 Connecticut Street (also known as Potrero Block X); 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 residential mortgage revenue bonds; approving, for purposes of the Internal Revenue Code of 1986, as amended, the issuance and sale of residential mortgage revenue bonds by the City in an aggregate principal amount not to exceed $56,000,000; authorizing and directing the execution of any documents necessary to implement this Resolution; 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. 193-16 ADOPTED by the following vote:

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

160371 [Multifamily Housing Revenue Bonds - 1035 Folsom Street and 21 Columbia Square Street - Not to Exceed $16,000,000] Sponsor: Kim Resolution authorizing the issuance and delivery of multifamily housing revenue bonds in an aggregate principal amount not to exceed $16,000,000 for the purpose of providing financing for the acquisition and rehabilitation of a 50-unit multifamily residential rental housing project known as Columbia Park Apartments; ratifying the approvals and terms and conditions of a previous Resolution; and related matters. (Mayor’s Office of Housing and Community Development) Resolution No. 194-16 ADOPTED by the following vote:

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

160427 [Replacement Credit Facilities - Tax Exempt and Taxable Lease Revenue Commercial Paper Certificates of Participation - To Fund Board-Approved Capital Projects - Not to Exceed $250,000,000] Sponsor: Mayor Resolution re-authorizing the issuance of Tax-Exempt (Series 1 and Series 2) and Taxable Lease Revenue Commercial Paper Certificates of Participation (Series 1-T and Series 2-T), in an aggregate principal amount not to exceed $250,000,000 to finance the acquisition, construction, and rehabilitation of capital improvements and capital equipment approved by the Board of Supervisors and the Mayor; authorizing the replacement of the existing credit facilities in the amount of $150,000,000; and approving and authorizing execution of a first supplement to trust agreement, a first amendment to site lease, a first amendment to sublease, revolving credit agreements, fee agreements, dealer agreements, and certain other related financing documents, and authorizing other related actions. (Fiscal Impact) Resolution No. 184-16 ADOPTED by the following vote:

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

160481 [Preservation of Affordable Housing Units - South Beach Marina, Inc. - South Beach Marina Apartments - 2 Townsend Street - Not to Exceed $59,300,000] Sponsors: Kim; Campos Resolution approving an agreement with South Beach Marina, Inc., to preserve 101 affordable housing units at South Beach Marina Apartments in an amount not to exceed $59,300,000 and authorizing the Director of the Mayor’s Office of Housing and Community Development to execute the Agreement on behalf of the City and County of San Francisco to prevent the displacement of existing low- and moderate-income households residing at the South Beach Marina Apartments, and creating permanent affordability restrictions for all units to remain affordable to households earning up to 120% of Area Median Income. (Mayor’s Office of Housing and Community Development) (Fiscal Impact) Supervisor Campos requested to be added as a co-sponsor. Resolution No. 197-16 ADOPTED by the following vote:

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

ministrative Code - City Navigation Centers for the Homeless] Sponsors: Campos; Avalos, Mar and Farrell Ordinance amending the Administrative Code to require the City to open and operate no fewer than six Navigation Centers within twenty-four months of the effective date of the ordinance, offering comprehensive health, mental health, and other services to homeless people, and moving homeless people off the streets and into permanent housing or transitional or stable supportive housing that eventually leads to permanent housing through case management, social service programs, and the integration of other relevant city services; specifying programmatic requirements for Navigation Centers; requiring the development of plans for the equitable distribution of shelter and housing resources, and the identification of sustainable revenue sources for the development of new, permanent housing; and affirming the Planning Department’s determination under the California Environmental Quality Act. (Fiscal Impact) Supervisor Campos, seconded by Supervisor Avalos, moved that this Ordinance be CONTINUED to the Board of Supervisors meeting of June 14, 2016. The motion carried by the following vote:

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

160124 [Setting the 2016 Budget and Legislative Analyst Services Audit Plan] Sponsors: Campos; Avalos, Kim, Yee, Peskin and Mar Motion directing the Budget and Legislative Analyst to conduct a performance audit of the City’s Real Estate Division in 2016. Motion No. M16-063 APPROVED by the following vote:

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

160431 [Commemorative Street Name Designation - "Gene Compton’s Cafeteria Way" - 100 Block of Taylor Street] Sponsors: Kim; Campos, Wiener and Peskin Resolution approving the addition of the commemorative street name “Gene Compton’s Cafeteria Way” to the 100 Block of Taylor Street in recognition of the Fiftieth Anniversary of the turning point for the civil rights movement for Gay, Lesbian, Bisexual, Transgender, Queer, Questioning, and Intersex people, and in specific the contributions of Transgender Women. Resolution No. 196-16 ADOPTED by the following vote:

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

160400 [Public Hearing - Appeal of Conditional Use Authorization - 1066 Market Street] Hearing of persons interested in or objecting to the certification of a Conditional Use Authorization pursuant to Planning Code, Sections 124(f) and 303, for a proposed project at 1066 Market Street, Assessor's Parcel Block No. 0350, Lot No. 003, identified in Planning Case No. 2013.1753CXV, issued by the Planning Commission by Motion No. 19594 dated March 17, 2016, to allow additional square footage above the base floor area ratio for dwelling units that will be affordable for the life of the project to households whose incomes are within 90% of the area median income. (District 6) (Appellant: Donald Falk, on behalf of the Tenderloin Neighborhood Development Corporation) (Filed April 18, 2016). (Clerk of the Board) Supervisor Kim, seconded by Supervisor Peskin, moved that this Hearing be CONTINUED to the Board of Supervisors meeting of June 28, 2016. The motion carried by the following vote:

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

160401 [Approving Conditional Use Authorization - 1066 Market Street] Motion approving the decision of the Planning Commission by its Motion No. 19594, approving a Conditional Use Authorization identified as Planning Case No. 2013.1753CXV for a proposed project located at 1066 Market Street, and adopting findings pursuant to Planning Code, Section 101.1. (Clerk of the Board) Supervisor Kim, seconded by Supervisor Peskin, moved that this Motion be CONTINUED to the Board of Supervisors meeting of June 28, 2016. The motion carried by the following vote:

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

160402 [Disapproving Conditional Use Authorization - 1066 Market Street] Motion disapproving the decision of the Planning Commission by its Motion No. 19594, approving a Conditional Use Authorization identified as Planning Case No. 2013.1753CXV for a proposed project located at 1066 Market Street. (Clerk of the Board) Supervisor Kim, seconded by Supervisor Peskin, moved that this Motion be CONTINUED to the Board of Supervisors meeting of June 28, 2016. The motion carried by the following vote:

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

160403 [Preparation of Findings Related to Conditional Use Authorization Appeal - 1066 Market Street] Motion directing the Clerk of the Board to prepare findings in support of the Board of Supervisors’ disapproval of the proposed Conditional Use Authorization identified as Planning Case No. 2013.1753CXV for a proposed project located at 1066 Market Street. (Clerk of the Board) Supervisor Kim, seconded by Supervisor Peskin, moved that this Motion be CONTINUED to the Board of Supervisors meeting of June 28, 2016. The motion carried by the following vote:

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

160351 [Report of Assessment Costs for Blighted Properties] Resolution approving report of assessment costs submitted by the Director of Public Works for inspection and/or repair of blighted properties ordered to be performed by said Director pursuant to Administrative Code, Chapter 80, the costs thereof having been paid for out of a blight abatement fund. (Public Works) Male Representative (Public Works) indicated that the following addresses be removed from the accompanying report due to recent resolution or receipt of payment: 411 Grant Avenue; and 999 Laguna Street. The amendments to the accompanying report, as provided by Public Works, included in File No. 160351, were received without objection. Resolution No. 192-16 ADOPTED, after accepting the amendments to the accompanying report, by the following vote:

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

160388 [Option Agreement - Sale of Transbay Block 4 - F4 Transbay Partners, LLC - $45,000,000] Sponsors: Mayor; Kim Resolution approving an option agreement for the potential sale of Transbay Block 4 (the northern one-third of the block bounded by Beale, Howard, Main, and Folsom Streets) by the Successor Agency to the San Francisco Redevelopment Agency to F4 Transbay Partners, LLC, a Delaware limited liability company, for $45,000,000; and making findings under Health and Safety Code, Section 33433. Resolution No. 195-16 ADOPTED by the following vote:

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

160486 [Development of a Transportation Sales Tax Expenditure Plan] Sponsors: Wiener; Avalos, Mar and Campos Resolution urging the San Francisco County Transportation Authority, in partnership with the Mayor’s Office and the San Francisco Municipal Transportation Agency, to develop a San Francisco Transportation Expenditure Plan to specify the use of revenues from a potential new half-cent sales tax for transportation for potential consideration for the November 2016 ballot. Supervisor Campos requested to be added as a co-sponsor. Resolution No. 198-16 ADOPTED by the following vote:

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

160507 [Final Map 8270 - 388 Fulton Street] Motion approving Final Map 8270, a 69 residential unit and five commercial unit, mixed-use Condominium Project, located at 388 Fulton Street, being a subdivision of Assessor’s Parcel Block No. 0785, Lot No. 051, and adopting findings pursuant to the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Public Works) Motion No. M16-065 APPROVED The foregoing items were acted upon by the following vote:

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

Absent: Avalos

tory obligation of the State, to address a state-wide crisis in funding deleteriously affecting our most vulnerable families in San Francisco and the State of California, particularly families that are poor and families of color. Supervisors Mar and Tang requested to be added as co-sponsors. Supervisor Cohen, seconded by Supervisor Farrell, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 2, Lines 13 through 14, by striking ‘the index for San Francisco African American foster youth is 8-10 times that of San Francisco’s African American and Latino population’ and adding ‘the index for San Francisco’s foster youth is 8-10 times that for San Francisco’s African American families and the index is 1.8 for the San Francisco’s Latino families’; and on Page 4, Line 13, by adding ‘and; be it’ after 'throughout the state', and on Line 14, by adding ‘FURTHER RESOLVED, That the San Francisco Board of Supervisors hereby directs the Clerk of the Board to transmit copies of this Resolution to Governor Jerry Brown, Senate President Gavin Newsom, Speaker of the Assembly Anthony Rendon, and to the City’s Lobbyist.’ The motion carried by the following vote:

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

Absent: Avalos

Resolution No. 187-16 ADOPTED AS AMENDED by the following vote:

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

Absent: Avalos

160504 [Committee of the Whole - Report of Assessment Costs for Sidewalk Inspection and Repair Program] Motion scheduling the Board of Supervisors to sit as a Committee of the Whole on June 28, 2016, at 3:00 p.m., to hold a public hearing on a Resolution approving a report of assessment costs submitted by the Director of Public Works for work done or caused to be done through the Sidewalk Inspection and Repair Program pursuant to the provisions of Public Works Code, Sections 707 and 707.1, the costs thereof having been paid for by the City and County out of a revolving fund. (Clerk of the Board) Supervisor Peskin, seconded by Supervisor Breed, moved that this Motion be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE, on Page 1, Lines 7 through 8, and Lines 14 through 15, by striking ‘Sections 707 and 707.1’ and adding ‘Section 706.9, and Administrative Code, Section 80’. The motion carried by the following vote:

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

Absent: Avalos

City and County of San Francisco Page 384 Printed at 11:00 am on 6/22/16 Board of Supervisors Meeting Minutes 5/17/2016 Motion scheduling the Board of Supervisors to sit as a Committee of the Whole on June 28, 2016, at 3:00 p.m., to hold a public hearing on a Resolution approving a report of assessment costs submitted by the Director of Public Works for work done or caused to be done through the Sidewalk Inspection and Repair Program pursuant to the provisions of Public Works Code, Section 706.9, and Administrative Code, Section 80, the costs thereof having been paid for by the City and County out of a revolving fund. (Clerk of the Board) Motion No. M16-064 APPROVED AS AMENDED by the following vote:

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

Absent: Avalos