Board of Supervisors Minutes: June 28, 2016

160578 [Settlement of Unlitigated Claim - 500 Sansome Street Investors, L.L.C. - $44,345.14] Resolution approving the settlement of the unlitigated claim filed by 500 Sansome Street Investors, L.L.C., against the City and County of San Francisco for $44,345.14; the claim was filed on June 29, 2015; the claim involves alleged property damage arising from flooding. (City Attorney) Resolution No. 261-16 ADOPTED The foregoing items were acted upon by the following vote:

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

160638 [Administrative Code - Department of Homelessness and Supportive Housing] Sponsors: Mayor; Farrell Ordinance amending the Administrative Code to establish a new Department of Homelessness and Supportive Housing; transfer homeless-related functions previously performed by the Department of Human Services to the new department; and establish the Local Homeless Coordinating Board to advise the new department on homeless policy and serve as the Continuum of Care governing body in accordance with federal regulations. (Fiscal Impact; No Budget and Legislative Analyst Report) Ordinance No. 116-16 FINALLY PASSED by the following vote:

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

ll Business Exchange, and San Francisco Bayview to be the outreach periodicals of the City and County of San Francisco for the African American community; Sing Tao Daily and SF Weekly to be the outreach periodicals of the City and County of San Francisco for the Chinese community; El Reportero and SF Weekly to be the outreach periodicals of the City and County of San Francisco for the Latino community; Bay Area Reporter and SF Weekly to be the outreach periodicals of the City and County of San Francisco for the Lesbian, Gay, Bisexual, and Transgender communities; Central City Extra to be the neighborhood outreach periodical of the City and County of San Francisco for the Central Market and Tenderloin neighborhoods; Jasmine Blue Media, dba Marina Times, to be the neighborhood outreach periodical of the City and County of San Francisco for the Marina and Cow Hollow neighborhoods; and The Potrero View to be the neighborhood outreach periodical of the City and County of San Francisco for the Potrero Hill, Bayview, Mission Bay, and SoMa neighborhoods; to provide outreach advertising for FY2016-2017. (Office of Contract Administration) Resolution No. 262-16 ADOPTED by the following vote:

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

160547 [Memorandum of Understanding - International Federation of Professional and Technical Engineers, Local 21] Sponsor: Mayor Ordinance adopting and implementing Amendment No. 1 to the FYs 2014-2017 Memorandum of Understanding between the City and County of San Francisco and International Federation of Professional and Technical Engineers, Local 21 by implementing specified terms and conditions of employment for FYs 2016-2017. Ordinance No. 123-16 FINALLY PASSED by the following vote:

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

160548 [Memorandum of Understanding - Service Employees International Union, Local 1021] Sponsor: Mayor Ordinance adopting and implementing Amendment No. 1 to the FYs 2014-2017 Memorandum of Understanding between the City and County of San Francisco and Service Employees International Union, Local 1021, by implementing specified terms and conditions of employment for FYs 2016-2017. Ordinance No. 124-16 FINALLY PASSED by the following vote:

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

160549 [Compensation for Unrepresented Employees] Sponsor: Mayor Ordinance fixing compensation for persons employed by the City and County of San Francisco whose compensation is subject to the provisions of Charter, Section A8.409, in job codes not represented by an employee organization, and establishing working schedules and other terms and conditions of employment and, methods of payment, effective July 1, 2016. Ordinance No. 125-16 FINALLY PASSED by the following vote:

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

160665 [Memorandum of Understanding - Service Employees International Union, Local 1021: Staff & Per Diem Nurses] Sponsor: Mayor Ordinance adopting and implementing the Memorandum of Understanding between the City and County of San Francisco and Service Employees International Union, Local 1021: Staff & Per Diem Nurses to be effective July 1, 2016, through June 30, 2017. Ordinance No. 127-16 FINALLY PASSED by the following vote:

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

160666 [Memorandum of Understanding - Teamsters, Local 856: Supervising Registered Nurses] Sponsor: Mayor Ordinance adopting and implementing the Memorandum of Understanding between the City and County of San Francisco and Teamsters, Local 856: Supervising Registered Nurses to be effective July 1, 2016, through June 30, 2019. Ordinance No. 128-16 FINALLY PASSED by the following vote:

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

160347 [General Plan Amendment - Affordable Housing Bonus Programs] Sponsor: Mayor Ordinance 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. (Planning Commission) (Supervisor Peskin dissented in Committee) Privilege of the floor was granted unanimously to Jon Givner (Office of the City Attorney) who responded to questions raised throughout the discussion. NOT FINALLY PASSED by the following vote:

Ayes: Breed, Cohen, Farrell, Tang, Wiener

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

ts, Exempting Certain Floor Area from the Calculation of Gross Floor Area and Transferable Development Rights Requirements, and Authorizing Land Dedication at No Cost - 1066 Market Street] Sponsor: Kim Ordinance waiving the Inclusionary Affordable Housing requirements set forth in Planning Code, Section 415 et seq., exempting 21,422 square feet from the calculation of gross floor area pursuant to Planning Code, Section 124, to allow the additional floor area, and exempting 21,422 square feet from Planning Code, Sections 123 and 128, to reduce any required transferable development rights by such amount, for a project located at 1066 Market Street, in exchange for the dedication of certain real property to the Mayor’s Office of Housing and Community Development at no cost; authorizing actions in furtherance of this Ordinance, as defined herein; adopting findings regarding the Final Mitigated Negative Declaration under the California Environmental Quality Act; and making findings under Planning Code, Section 302, and findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. Ordinance No. 126-16 FINALLY PASSED by the following vote:

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

Program, to provide for development bonuses and zoning modifications for 100 percent affordable housing projects; to establish the procedures in which the 100 Percent Affordable Housing Bonus Program projects shall be reviewed and approved; adding a fee for applications under the Program; and amending the Planning Code to exempt 100 Percent Affordable Housing Bonus Program projects from the height limits specified in the Planning Code and the Zoning Maps; and affirming the Planning Department’s determination under the California Environmental Quality Act; and making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. Privilege of the floor was granted unanimously to Kate Hartley (Mayor's Office of Housing and Community Development), who responded to questions raised throughout the discussion. Supervisor Tang, seconded by Supervisor Farrell, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE on Page 20, Line 4, by adding a new Subsection 206.3 to read '(8) is not located within the boundaries of the Northeastern Waterfront Area Plan south of the centerline of Broadway', by the following vote:

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

Ordinance amending the Planning Code to create the 100 Percent Affordable Housing Bonus Program, to provide for development bonuses and zoning modifications for 100 percent affordable housing projects; to establish the procedures in which the 100 Percent Affordable Housing Bonus Program projects shall be reviewed and approved; adding a fee for applications under the Program; amending the Planning Code to exempt 100 Percent Affordable Housing Bonus Program projects from the height limits specified in the Planning Code and the Zoning Maps; affirming the Planning Department’s determination under the California Environmental Quality Act; and making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. Supervisor Tang, seconded by Supervisor Farrell, moved that this Ordinance be CONTINUED AS AMENDED to the Board of Supervisors meeting of July 12, 2016. The motion carried by the following vote:

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

160645 [Real Property Purchase - 450 Sixth Street - Multiple Party Ownership - $2,403,333] Sponsor: Mayor Resolution authorizing the execution and acceptance of a Purchase and Sale Agreement by and between the City and Joan Spargo, in Trust, as Trustee of the "Stella Arnold 1987 Exempt Trust FBO Joan Spargo" dated April 4, 2001, as to an undivided 3/8 interest; Walter A. Arnold, in Trust, as Trustee of the "Stella Arnold 1987 Exempt Trust FBO Walter A. Arnold" dated April 4, 2001, as to an undivided 3/8 interest; Kenneth Musso, as to an undivided 1/12 interest; David Musso, as to an undivided 1/12 interest; and Arlene Ripley, as to an undivided 1/12 interest ("Seller"), for the real property located at 450 Sixth Street (Assessor’s Parcel Block No. 3759, Lot No. 043) for $2,403,333; and finding the proposed transactions are in conformance with the General Plan, and the eight priority policies of Planning Code, Section 101.1. (City Administrator) (Fiscal Impact) Resolution No. 263-16 ADOPTED by the following vote:

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

160187 [Settlement of Lawsuit - David Zeller - $900,000] Ordinance authorizing settlement of the lawsuit filed by David Zeller against the City and County of San Francisco for $900,000; the lawsuit was filed on March 14, 2013, in San Francisco Superior Court, Case No. CGC-13-529554; entitled David Zeller v. San Francisco General Hospital, et al.; the lawsuit involves alleged medical malpractice. (City Attorney) Supervisor Campos, seconded by Supervisor Wiener, moved that this Ordinance be CONTINUED to the Board of Supervisors meeting of July 12, 2016, and that a closed session hearing be scheduled before the Board of Supervisors on July 12, 2016, to discuss the matter. The motion carried by the following vote:

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

160383 [Environment Code - Food Service and Packaging Waste Reduction] Sponsors: Breed; Peskin, Mar, Campos and Cohen Ordinance amending the Environment Code to prohibit the sale of food service ware and other specified products including packing materials that are made from polystyrene foam or that are non-recyclable and non-compostable; setting operative dates; and affirming the Planning Department’s determination under the California Environmental Quality Act. Supervisors Mar, Campos, and Cohen requested to be added as a co-sponsors. PASSED, ON FIRST READING by the following vote:

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

160522 [Selection of Independent Auditors - Macias, Gini & O'Connell, LLP - Not to Exceed $9,388,686] Sponsor: Peskin Resolution selecting Macias, Gini & O'Connell, LLP, as independent auditors for the Controller's Office and the separately audited departments of the City, for an amount not to exceed $9,388,686 over a four-year contract term to commence July 1, 2016, with one three-year option to renew. (Controller) (Fiscal Impact; No Budget and Legislative Analyst Report) Resolution No. 257-16 ADOPTED by the following vote:

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

151122 [Administrative Code - Preferences in Affordable Housing Programs] Sponsors: Mayor; Cohen, Breed, Wiener and Farrell Ordinance amending the Administrative Code to create a fourth preference for people who live or work in San Francisco, in addition to existing preferences in allocating City affordable housing units; to affirm the Planning Department’s determination under the California Environmental Quality Act; and to make findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. Supervisor Farrell requested to be added as a co-sponsor. Supervisor Wiener, seconded by Supervisor Farrell, moved that this Ordinance be RE-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

160360 [Zoning Map - Rezoning Potrero HOPE SF Parcels at 25th and Connecticut Streets] Sponsor: Cohen Ordinance amending the Planning Code to facilitate development of the Potrero HOPE SF (Housing Opportunities for People Everywhere San Francisco) Project by revising Zoning Map Sheet ZN08 to rezone Assessor’s Parcel Block No. 4287, Lot No. 007, at 25th and Connecticut Streets from Public (P) to Residential, Mixed Districts, Moderate Density (RM-2); revising Zoning Map Sheet HT08 to rezone Assessor’s Parcel Block No. 4287, Lot Nos. 001A and 007, from a 40-X height and bulk limit to a 50-X height and bulk limit; 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. PASSED ON FIRST READING by the following vote:

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

160385 [Transportation Code - Fare Evasion and Passenger Conduct Regulations] Sponsors: Mar, Campos, Breed and Cohen Ordinance amending the Transportation Code to consolidate and clarify existing fare evasion regulations, revise passenger conduct violations to make consistent with recent state law changes, and authorize the San Francisco Municipal Transportation Agency to establish separate fine amounts for fare evasion and passenger conduct violations committed by youth; and affirming the Planning Department’s determination under the California Environmental Quality Act. (Municipal Transportation Agency) Supervisors Breed and Cohen requested to be added as a co-sponsors. PASSED ON FIRST READING 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 TABLED. 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 TABLED. 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 TABLED. The motion carried by the following vote:

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

m] Resolution approving report of assessment costs submitted by the Director of Public Works for sidewalk and curb repairs through the Sidewalk Inspection and Repair Program ordered to be performed by said Director pursuant to Public Works Code, Sections 706.9 and Administrative Code, Section 80, the costs thereof having been paid for out of a revolving fund. (Public Works) Kristin Lo and Judy Leong (Public Works) responded to questions raised throughout the discussion and indicated that the following addresses be removed from the accompanying report due to recent resolution or receipt of payment: 1703 Baker Street; 1427 27th Avenue; 2179 12th Avenue; 329 Quintara Street; 2100 12th Avenue; 335 Hearst Avenue; 128 27th Street; 128 Tingley Street; 968 York Street; 7 Nebraska Street; 227 Andover Street; 25 Benington Street; 2125 18th Street; 736 Kansas Street; 609 Connecticut Street; 1108 Brazil Avenue; 1599 Alemany Blvd; 62 Cotter Street. The amendments to the accompanying report, as provided by the Public Works, included in File No. 150506, were received without objection. Resolution No. 256-16 ADOPTED, after accepting the amendments to the accompanying report, by the following vote:

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

Noes: Campos

El Dorado Street North, El Dorado Street South, and Long Bridge Street (“Block 13 Public Infrastructure”); accepting an irrevocable offer of dedication for real property underlying a portion of Long Bridge Street; declaring City property and additional property as shown on official Public Works maps as open public right-of-way; dedicating the Block 13 Public Infrastructure for public use and designating such streets and associated Public Infrastructure for public street and roadway purposes; establishing official public right-of-way widths and street grades; amending Ordinance No. 1061 entitled “Regulating the Width of Sidewalks” to establish official sidewalk width on the abovementioned streets; accepting the Block 13 Public Infrastructure for City maintenance and liability purposes, subject to specified limitations; adopting findings under the California Environmental Quality Act; making findings of consistency with the General Plan, the eight priority policies of Planning Code, Section 101.1, and the Mission Bay South Redevelopment Plan; accepting a Public Works Order; and authorizing official acts in connection with this Ordinance. PASSED ON FIRST READING by the following vote:

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

160691 [Mission Bay South - Park P26 Acceptance] Sponsor: Kim Ordinance dedicating City-jurisdictional property, located on a portion of State Trust Parcel 14, commonly known as Mission Bay Park P26, lying along Mariposa Street and Owens Street, as open public right-of-way and naming the new park “Mariposa Park,” accepting an irrevocable offer for the acquisition facilities that comprise the park improvements; designating said facilities for public open space and park purposes, accepting the Park for maintenance and liability purposes, subject to specified limitations; adopting findings under the California Environmental Quality Act; making findings of consistency with the General Plan, the eight priority policies of Planning Code, Section 101.1, and the Mission Bay South Redevelopment Plan; accepting a Public Works Order; and authorizing official acts in connection with this Ordinance. PASSED ON FIRST READING by the following vote:

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

160717 [Final Map 8774 - 3420-18th Street] Motion approving Final Map 8774, a 16 residential unit and one commercial unit, mixed-use condominium project, located at 3420-18th Street, being a subdivision of Assessor’s Block Parcel No. 3576, Lot No. 090, and adopting findings pursuant to the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Public Works) Motion No. M16-089 APPROVED The foregoing items were acted upon by the following vote:

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

160696 [Urging California State Legislators to Amend or Oppose California State Assembly Bill 650 (Low) in Recognition of Negative Impact on Local Transportation Services and Consumer Safety Protection] Sponsors: Peskin; Campos and Mar Resolution urging California state legislators to amend or oppose California State Assembly Bill 650, “Public Utilities Commission: Regulation of Taxicabs,” authored by Assembly Member Evan Low, in recognition of negative impacts on local transportation services and consumer safety protection. Supervisor Mar requested to be added as a co-sponsor. Supervisor Peskin, seconded by Supervisor Tang, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page, 2, Line 3, to remove 'WHEREAS, AB 650 also amends California Vehicle Code, Section 21100 to eliminate explicit language granting local entities the authority to regulate motor vehicles for hire, and would also impact their authority to regulate local shuttles; and' . The motion carried by the following vote:

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

Resolution No. 264-16 Supervisor Peskin, seconded by Supervisor Tang, moved to waive Board Rule 2.10 and that the Resolution be ADOPTED AS AMENDED. The motion carried by the following vote:

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

Noes: Cohen, Wiener

ications Facilities] Sponsor: Peskin Resolution urging the San Francisco Legislative Delegation to oppose California State Assembly Bill 2788, introduced by Assembly Member Gatto, regarding wireless telecommunications facilities, due to its preemption of local land use controls, elimination of local agency review and lack of public access to the wireless permitting process. Supervisor Peskin, seconded by Supervisor Avalos, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE on Page 2, Lines 13-15, by replacing 'WHEREAS, Any potential amendments to address the overreaching and preemptive nature of Assembly Bill 2788 are made impossible given the limited window of time left in the legislative session to consider amendments' with the following 'WHEREAS, After these and other concerns were represented to Assembly Member Gatto by a diversity of Constituencies, he has withdrawn Assemble Bill 288 for the near-term'; Page 2, Line 17, by inserting 'and future legislation that would replicate its current provisions'; and Page 2, Line 22, by inserting 'and future legislation that would replicate its current provisions'. The motion carried by the following vote:

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

Resolution No. 268-16 ADOPTED AS AMENDED by the following vote:

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

160723 [Urging the San Francisco Employees’ Retirement System and Retirement Board to Divest from Firearm and Ammunition Manufacturers] Sponsors: Farrell; Campos Resolution urging the San Francisco Employees’ Retirement System and Retirement Board to divest from firearm and ammunition manufacturers. Supervisor Campos requested to be added as a co-sponsor. Supervisor Avalos requested that this Resolution be DUPLICATED. See Duplicated File No. 160767. Resolution No. 266-16 ADOPTED by the following vote:

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