Board of Supervisors Minutes: May 24, 2016

160497 [Appointment, Public Utilities Revenue Bond Oversight Committee - Marina Pelosi] Motion reappointing Marina Pelosi, term ending January 1, 2020, to the Public Utilities Revenue Bond Oversight Committee. (Rules Committee) Motion No. M16-069 APPROVED The foregoing items were acted upon 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. Ordinance No. 094-16 FINALLY PASSED by the following vote:

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

Noes: Avalos

d 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) Supervisor Farrell requested that the question for this Ordinance be DIVIDED to consider the Fire Department, Department of Emergency Management, Sheriff’s Department, and the Public Utilities Commission separately. Ordinance No. 095-16 The divided question relating to the Fire Department, Department of Emergency Management, Sheriff’s Department, and the Public Utilities Commission was FINALLY PASSED by the following vote:

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

The remaining balance of the Ordinance relating to the Department of Public Health and the Police Department was FINALLY PASSED by the following vote:

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

Noes: Avalos, Campos, Cohen, Kim, Peskin

Supervisor Cohen, 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

Ordinance No. 095-16 The remaining balance of the Ordinance relating to the Department of Public Health and the Police Department was FINALLY PASSED 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) Resolution No. 203-16 ADOPTED by the following vote:

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

Noes: Avalos, Kim, Peskin

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) Resolution No. 204-16 ADOPTED by the following vote:

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

Noes: Avalos, Kim, Peskin

unanimously to Sheriff Vicki Hennessy (Sheriff’s Department) who responded to questions raised throughout the discussion, acknowledged the collaborated efforts with the sponsor, and stated that she was in agreement with the proposed amendments. Supervisor Avalos, seconded by Supervisor Peskin, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE, on Page 1, Line 5, by adding ‘or serious’, Line 6, by adding ‘or serious’, and adding ‘and modifying reporting requirements’, Line 19, by striking ‘the immigration’, and Line 20, by adding ‘or any other such personal information as defined in Chapter 12I'; on Page 2, Lines 8-9, by adding ‘or any other such personal information as defined in Chapter 12I’; on Page 11, Line 24, through Page 12, Line 5, by adding the definition of ‘Serious Felony’; on Page 13, Line 12, through Page 14, Line 11, by adding three exceptions to the requirement that law enforcement officials not respond to a federal immigration officer’s request; and on Page 15, Lines 5-20, by changing the required ‘Annual Report’ to a ‘Semiannual Report’ with additional information that the Report will include. The motion carried by the following vote:

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

Ordinance amending the Administrative Code to prohibit the use of City funds or resources to assist in the enforcement of Federal immigration law, except for individuals who have been convicted of a violent or serious felony and held to answer for a violent or serious felony, and modify reporting requirements. PASSED ON FIRST READING AS AMENDED by the following vote:

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

sco (the “City”) to reimburse certain expenditures from proceeds of future bonded indebtedness; authorizing the Director of the Mayor’s Office of Housing and Community Development (the “Director”) to submit an application and related documents to the California Debt Limit Allocation Committee (“CDLAC”) to permit the issuance of residential mortgage revenue bonds in an aggregate principal amount not to exceed $76,000,000 for 171 Loehr Street and 1250 Sunnydale Avenue; 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; 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. Resolution No. 206-16 ADOPTED by the following vote:

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

ommittee (“CDLAC”) to permit the issuance of residential mortgage revenue bonds in an aggregate principal amount not to exceed $475,000,000 to finance a project at 1500-1580 Mission Street and 77 South Van Ness Avenue; 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 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 $475,000,000; 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. 207-16 ADOPTED by the following vote:

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

he “City”) to reimburse certain expenditures from proceeds of future bonded indebtedness; authorizing the Director of the Mayor’s Office of Housing and Community Development (the “Director”) to submit an application and related documents to the California Debt Limit Allocation Committee (“CDLAC”) to permit the issuance of residential mortgage revenue bonds in an aggregate principal amount not to exceed $90,000,000 for 1150-3 Street; 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; 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. 208-16 ADOPTED by the following vote:

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

”) to reimburse certain expenditures from proceeds of future bonded indebtedness; authorizing the Director of the Mayor’s Office of Housing and Community Development (the “Director”) to submit an application and related documents to the California Debt Limit Allocation Committee (“CDLAC”) to permit the issuance of residential mortgage revenue bonds in an aggregate principal amount not to exceed $111,000,000 for 54 McAllister Street; 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; 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. 209-16 ADOPTED by the following vote:

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

tain expenditures from proceeds of future bonded indebtedness; authorizing the Director of the Mayor’s Office of Housing and Community Development (the “Director”) to submit an application and related documents to the California Debt Limit Allocation Committee (“CDLAC”) to permit the issuance of residential mortgage revenue bonds in an aggregate principal amount not to exceed $20,007,442 for 241-6 Street, also known as the Knox SRO; 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; 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. 210-16 ADOPTED by the following vote:

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

160198 [Police Code - Storage of Firearms in Any Residence] Sponsors: Farrell; Cohen, Breed and Campos Ordinance amending the Police Code to prohibit any person from keeping a firearm within any residence unless the firearm is stored in a locked container or disabled with a trigger lock. Supervisors Breed and Campos 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

160293 [Planning Code - Landmark Designation - 35-45 Onondaga Avenue (aka Alemany Emergency Hospital and Health Center)] Sponsors: Avalos; Peskin Ordinance designating 35-45 Onondaga Avenue (aka Alemany Emergency Hospital and Health Center), Assessor’s Parcel Block No. 6956, Lot Nos. 016 and 017, 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. (Historic Preservation Commission) PASSED, ON FIRST READING by the following vote:

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

160294 [Health Code - Public Water System Cross-Connection Control and Backflow Prevention] Ordinance amending the Health Code to regulate cross-connection and backflow prevention requirements to protect the public water system by replacing obsolete requirements with requirements consistent with current state and federal drinking water quality laws; by reorganizing, updating, and clarifying procedures for implementing such requirements; and by authorizing remedies and penalties for violations and providing enforcement criteria and procedures; and affirming the Planning Department’s determination under the California Environmental Quality Act. (Public Utilities Commission) PASSED, ON FIRST READING by the following vote:

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

151161 [Liquor License - 239 Kearny Street] Resolution determining that the issuance of a Type 48 on-sale general public premises license to Frank LeClerc for Gitane Restaurant and Bar, Inc. dba Gitane Restaurant and Bar, located at 239 Kearny Street (District 3), will serve the public convenience or necessity of the City and County of San Francisco in accordance with California Business and Professions Code, Section 23958.4, and recommending that the California Department of Alcoholic Beverage Control impose conditions on the issuance of the license. (Public Safety and Neighborhood Services Committee) Resolution No. 200-16 ADOPTED by the following vote:

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

160098 [Liquor License - 5900 3rd Street] Resolution determining that the issuance of a Type 21 off-sale general license to Howard Ngo dba Duc Loi's Pantry located at 5900 3rd Street (District 10), will serve the public convenience or necessity of the City and County of San Francisco, in accordance with California Business and Professions Code, Section 23958.4, and recommending that the California Department of Alcoholic Beverage Control impose conditions on the issuance of the license. (Public Safety and Neighborhood Services Committee) Resolution No. 201-16 ADOPTED by the following vote:

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

160142 [Liquor License Transfer - 644 Mission Street] Resolution determining that the transfer of a Type 20 off-sale beer and wine license from 5900 3rd Street to 644 Mission Street (District 6) to Surinder Singh dba 7-Eleven Store #2366-36039A, will serve the public convenience or necessity of the City and County of San Francisco in accordance with California Business and Professions Code, Section 23958.4, and recommending that the California Department of Alcoholic Beverage Control impose conditions on the issuance of the license. (Public Safety and Neighborhood Services Committee) Resolution No. 202-16 ADOPTED by the following vote:

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

160228 [Calling for a California State of Emergency Declaration on Homelessness] Sponsors: Kim; Cohen, Campos, Peskin, Mar and Avalos Resolution urging Governor Jerry Brown to declare a State of Emergency on Homelessness to help coordinate region- and state-wide responses to this growing crisis, and provide supplementary state assistance to cities and counties to provide needed supportive services. Resolution No. 211-16 ADOPTED by the following vote:

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

Noes: Tang, Yee

160272 [Administrative Code - Exempting California State University Fresno Foundation from Nonprofit Public Access Ordinance] Ordinance exempting California State University Fresno Foundation from the Nonprofit Public Access Ordinance, Administrative Code, Chapter 12L, to facilitate the Human Services Agency’s entering into a contract with the Foundation for training services required by State law for child welfare staff, supervisors, and foster parents. (Human Services Agency) PASSED, ON FIRST READING by the following vote:

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

160498 [Appointments, Commission on Animal Control and Welfare - Annemarie Fortier, Nicolle "Bunny" Matthews Rosenberg, and Robin Hansen] Motion reappointing Annemarie Fortier and appointing Nicolle "Bunny" Matthews Rosenberg and Robin Hansen, terms ending April 30, 2018, to the Commission of Animal Control and Welfare. (Rules Committee) Motion No. M16-070 APPROVED by the following vote:

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

141018 [Public Hearing - Appeal of Tentative Map - 639 Peralta Avenue] Hearing of persons interested in or objecting to the decision of Public Works, dated September 18, 2014, approving a Tentative Map for a 2-Unit New Construction Condominium Project located at 639 Peralta Avenue, Assessor’s Block No. 5634, Lot No. 014. (District 9) (Appellant: Alexander M. Weyand, on behalf of William H. Bradley) (Filed September 29, 2014). (Clerk of the Board) The President inquired as to whether any member of the public wished to address the Board relating to a proposed continuance by the appellant and project sponsor. There were no speakers. Supervisor Campos, seconded by Supervisor Tang, moved that this Hearing be CONTINUED OPEN to the Board of Supervisors meeting of September 6, 2016. The motion carried by the following vote:

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

Absent: Avalos

141019 [Approving Decision of Public Works and Approving the Tentative Parcel Map - 639 Peralta Avenue] Motion approving decision of Public Works and approving the Tentative Parcel Map for a 2-unit new construction condominium project located at 639 Peralta Avenue, Assessor’s Block No. 5634, Lot No. 014; and making environmental findings, and findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Clerk of the Board) Supervisor Campos, seconded by Supervisor Tang, moved that this Motion be CONTINUED to the Board of Supervisors meeting of September 6, 2016. The motion carried by the following vote:

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

Absent: Avalos

141020 [Disapproving Decision of Public Works and Disapproving the Tentative Parcel Map - 639 Peralta Avenue] Motion disapproving decision of Public Works and disapproving the Tentative Parcel Map for a 2-unit new construction condominium project located at 639 Peralta Avenue, Assessor’s Block No. 5634, Lot No. 014; and making environmental findings, and findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Clerk of the Board) Supervisor Campos, seconded by Supervisor Tang, moved that this Motion be CONTINUED to the Board of Supervisors meeting of September 6, 2016. The motion carried by the following vote:

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

Absent: Avalos

141021 [Preparation of Findings Related to the Tentative Parcel Map - 639 Peralta Avenue] Motion directing the Clerk of the Board to prepare findings relating to the Board of Supervisors' decision to disapprove the Tentative Parcel Map for a 2-unit new construction condominium project located at 639 Peralta Avenue, Assessor’s Block No. 5634, Lot No. 014. (Clerk of the Board) Supervisor Campos, seconded by Supervisor Tang, moved that this Motion be CONTINUED to the Board of Supervisors meeting of September 6, 2016. The motion carried by the following vote:

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

Absent: Avalos

160438 [Report of Delinquent Real Property Transfer Taxes] Sponsors: Tang; Peskin 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. (Assessor-Recorder) Resolution No. 205-16 ADOPTED by the following vote:

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

160568 [Closed Session - Labor Negotiations - May 24, 2016] Closed Session for the Board of Supervisors to confer with the Mayor’s Office and the Department of Human Resources regarding the City’s negotiations with labor unions representing City employees on May 24, 2016; pursuant to California Government Code, Section 54957.6, and San Francisco Administrative Code, Section 67.10(e). (Clerk of the Board) Although a motion was not required, since the Motion to Convene was already approved by Motion No. M16-073 (File No. 160566), Supervisor Yee, seconded by Supervisor Mar, moved that the Board of Supervisors convene in closed session with labor negotiators. The motion carried by the following vote:

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

66). The following Supervisors were noted present: Supervisors Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee Persons in attendance: Jon Givner (Office of the City Attorney), Diana Doughtie, Chief Negotiator, Micki Callahan, Director (Department of Human Resources), Todd Rydstrom (Office of the City Controller), Nicole Elliott (Mayor’s Office), Barbara Garcia, Director, and Greg Wagner (Department of Public Health), Angela Calvillo, Clerk of the Board, and Alisa Somera, Legislative Deputy Director (Office of the Clerk of the Board). Matter was heard in closed session, no action was taken, and the hearing was filed. RECONVENED IN OPEN SESSION The Board reconvened at the hour of 6:24 p.m. The following Supervisors were noted present: Supervisors Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee HEARD AND FILED [Elect Not to Disclose] Motion that the Board finds that it is in the best interest of the public that the Board elect at this time not to disclose its closed session deliberations. Supervisor Farrell, seconded by Supervisor Yee, moved not to disclose its Closed Session deliberations. The motion carried by the following vote:

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

160566 [Closed Session - Update on Labor Negotiations - May 24, 2016] Sponsor: Breed Motion that the Board of Supervisors convene in closed session on May 24, 2016, with the Mayor's Office and the Department of Human Resources under Administrative Code, Section 67.10(e), and California Government Code, Section 54957.6, regarding negotiations with labor unions representing City employees. Motion No. M16-073 APPROVED The foregoing items were acted upon by the following vote:

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

160567 [Calling from Committee - Committee of the Whole - General Plan Amendment (File No. 160347) - Affordable Housing Bonus Programs] Sponsor: Peskin Motion calling from the Land Use and Transportation Committee, pursuant to Board’s Rules of Order 3.37, the proposed Ordinance (File No. 160347) amending the General Plan to make conforming changes in association with legislation creating the Affordable Housing Bonus Program by amending the Housing Element, Urban Design Element, Van Ness Avenue Area Plan, Chinatown Area Plan, Downtown Area Plan, and Northeastern Waterfront Area Plan; making findings, including findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1; and affirming the Planning Department’s determination under the California Environmental Quality Act.; and scheduling the Board of Supervisors to sit as a Committee of the Whole on June 14, 2016, at 3:00 p.m., to hold a public hearing to consider the proposed Ordinance. Supervisor Peskin, seconded by Supervisor Tang, moved that this Motion be TABLED. The motion carried by the following vote:

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