Board of Supervisors Minutes: July 12, 2016

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) Ordinance No. 130-16 FINALLY PASSED The foregoing items were acted upon by the following vote:

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

Absent: Mar

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. Supervisor Breed, seconded by Supervisor Peskin, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 8, Line 9, by striking ‘within the City’, Line 10, by striking ‘includes take-out food, but’, Lines 10-11, by adding ‘raw eggs or’, and Lines 11-12, by adding ‘a refrigerator case’. The motion carried by the following vote:

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

Absent: Mar

PASSED ON FIRST READING AS AMENDED by the following vote:

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

Absent: Mar

ts 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 Avalos, seconded by Supervisor Mar, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 22, Line 16, by striking ‘(B)’ and adding ‘(iv)’, and Line 24, by adding a new Section 206.3(d)(1)(A)(v) that requires applicants to comply with applicable state or federal relocation acts; and on Page 52, Line 15, by adding the following to Section 328(c) ‘The Planning Commission, upon recommendation of the Planning Director, may also apply the standards of Section 261.1 to bonus floors for all projects on narrow streets and alleys in order to ensure that these streets do not become overshadowed, including potential upper story setbacks, and special consideration for the southern side of East-west streets, and Mid-block passages, as long as such setbacks do not result in a smaller number of residential units.’ The motion carried by the following vote:

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

Supervisor Yee, seconded by Supervisor Tang, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 19, Line 7, by adding ‘RH-2(D)’. 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: Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee

reet 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. Ordinance No. 134-16 FINALLY PASSED 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. Ordinance No. 135-16 FINALLY PASSED by the following vote:

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

160628 [Budget and Appropriation Ordinance for Departments - FYs 2016-2017 and 2017-2018] Sponsor: Mayor Proposed Budget and Appropriation Ordinance appropriating all estimated receipts and all estimated expenditures for Departments of the City and County of San Francisco as of May 31, 2016, for the FYs ending June 30, 2017, and June 30, 2018. (Fiscal Impact) Supervisor Farrell, seconded by Supervisor Mar, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE, by adding 'including those selected departments recommended for approval by the Budget and Finance Committee on May 25, 2016,' to the long title after 'expenditures for Departments'. The motion carried by the following vote:

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

Budget and Appropriation Ordinance appropriating all estimated receipts and all estimated expenditures for Departments, including those selected departments recommended for approval by the Budget and Finance Committee on May 25, 2016, of the City and County of San Francisco as of May 31, 2016, for the FYs ending June 30, 2017, and June 30, 2018. (Fiscal Impact) Supervisor Farrell, seconded by Supervisor Mar, moved that this Ordinance be CONTINUED AS AMENDED to the Board of Supervisors meeting of July 19, 2016. The motion carried by the following vote:

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

160629 [Annual Salary Ordinance - FYs 2016-2017 and 2017-2018] Sponsor: Mayor Proposed Annual Salary Ordinance enumerating positions in the Annual Budget and Appropriation Ordinance for the FYs ending June 30, 2017, and June 30, 2018, continuing, creating, or establishing these positions; enumerating and including therein all positions created by Charter or State law for which compensations are paid from City and County funds and appropriated in the Annual Appropriation Ordinance; authorizing appointments or continuation of appointments thereto; specifying and fixing the compensations and work schedules thereof; and authorizing appointments to temporary positions and fixing compensations therefore. (Fiscal Impact) Supervisor Farrell, seconded by Supervisor Mar, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE, by adding 'including those selected departments recommended for approval by the Budget and Finance Committee on May 25, 2016,' in the long title after 'enumerating positions'. The motion carried by the following vote:

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

City and County of San Francisco Page 531 Printed at 10:00 am on 10/26/16 Board of Supervisors Meeting Minutes 7/12/2016 Annual Salary Ordinance enumerating positions, including those selected departments recommended for approval by the Budget and Finance Committee on May 25, 2016, in the Annual Budget and Appropriation Ordinance for the FYs ending June 30, 2017, and June 30, 2018, continuing, creating, or establishing these positions; enumerating and including therein all positions created by Charter or State law for which compensations are paid from City and County funds and appropriated in the Annual Appropriation Ordinance; authorizing appointments or continuation of appointments thereto; specifying and fixing the compensations and work schedules thereof; and authorizing appointments to temporary positions and fixing compensations therefore. (Fiscal Impact) Supervisor Farrell, seconded by Supervisor Mar, moved that this Ordinance be CONTINUED AS AMENDED to the Board of Supervisors meeting of July 19, 2016. The motion carried by the following vote:

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

160462 [Proposed Budget and Appropriation Ordinance for Selected Departments, as of May 2, 2016, for FYs 2016-2017 and 2017-2018] Sponsor: Mayor Proposed Budget and Appropriation Ordinance appropriating all estimated receipts and all estimated expenditures for the Airport Commission, Board of Appeals, Department of Building Inspection, Child Support Services, County Education Office, Department of the Environment, Law Library, Municipal Transportation Agency, Port, Public Library, San Francisco Public Utilities Commission, the Residential Rent Stabilization and Arbitration Board, and Retirement System as of May 2, 2016, for FYs 2016-2017 and 2017-2018. (Fiscal Impact) Supervisor Farrell, seconded by Supervisor Mar, moved that this Ordinance be TABLED. The motion carried by the following vote:

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

160463 [Proposed Annual Salary Ordinance for Selected Departments, as of May 2, 2016, for FYs 2016-2017 and 2017-2018] Sponsor: Mayor Proposed Annual Salary Ordinance enumerating positions in the Proposed Budget and Appropriation Ordinance for the Airport Commission, Board of Appeals, Department of Building Inspection, Child Support Services, Department of the Environment, Law Library, Municipal Transportation Agency, Port, Public Library, San Francisco Public Utilities Commission, the Residential Rent Stabilization and Arbitration Board, and Retirement System as of May 2, 2016, for FYs 2016-2017 and 2017-2018. (Fiscal Impact) Supervisor Farrell, seconded by Supervisor Mar, moved that this Ordinance be TABLED. The motion carried by the following vote:

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

160642 [Treasure Island Development Authority Budget - FYs 2016-2017 and 2017-2018] Sponsor: Mayor Resolution approving the Budget of the Treasure Island Development Authority for FYs 2016-2017 and 2017-2018. (Treasure Island Development Authority) (Fiscal Impact; No Budget and Legislative Analyst Report) Supervisor Farrell, seconded by Supervisor Mar, moved that this Resolution be CONTINUED to the Board of Supervisors meeting of July 19, 2016. The motion carried by the following vote:

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

160644 [Office of Community Investment and Infrastructure, Operating as Successor Agency to the San Francisco Redevelopment Agency - FY2016-2017 Budget - Bond Issuance Not to Exceed $185,000,000] Sponsor: Mayor Resolution approving the FY2016-2017 Budget of the Office of Community Investment and Infrastructure (OCII), operating as the Successor Agency to the San Francisco Redevelopment Agency; and approving the Issuance by OCII of Bonds in an aggregate principal amount not to exceed $185,000,000, which will be used in conjunction with a portion of the bonding authority authorized but unissued in the FY2015-2016 budget, for the purpose of financing a portion of enforceable obligations. (Fiscal Impact; No Budget and Legislative Analyst Report) Supervisor Farrell, seconded by Supervisor Mar, moved that this Resolution be CONTINUED to the Board of Supervisors meeting of July 19, 2016. The motion carried by the following vote:

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

160630 [Neighborhood Beautification and Graffiti Clean-up Fund Tax Designation Ceiling - Tax Year 2016] Sponsor: Mayor Ordinance adopting the Neighborhood Beautification and Graffiti Clean-up Fund Tax designation ceiling for tax year 2016. (Controller) Supervisor Farrell, seconded by Supervisor Mar, moved that this Ordinance be CONTINUED to the Board of Supervisors meeting of July 19, 2016. The motion carried by the following vote:

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

160631 [Administrative Code - City Membership in Certain Organizations] Sponsor: Mayor Ordinance amending the Administrative Code to modify the requirements for City departments to acquire and maintain membership in professional, trade, and other organizations. (Controller) Supervisor Farrell, seconded by Supervisor Mar, moved that this Ordinance be CONTINUED to the Board of Supervisors meeting of July 19, 2016. The motion carried by the following vote:

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

160632 [Planning, Administrative Codes - Planning Department Fees - Future Fee Adjustments] Sponsor: Mayor Ordinance amending the Planning and Administrative Codes to adopt fee amounts for Planning Department fees, and set the process for annually adjusting the fee amounts; and affirming the Planning Department’s determination under the California Environmental Quality Act, making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1, and adopting findings of public necessity, convenience, and welfare under Planning Code, Section 302. (Planning Commission) Supervisor Farrell, seconded by Supervisor Mar, moved that this Ordinance be CONTINUED to the Board of Supervisors meeting of July 19, 2016. The motion carried by the following vote:

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

160633 [Administrative Code - Establishing District Attorney Neighborhood Justice Fund] Sponsor: Mayor Ordinance amending the Administrative Code to establish the District Attorney Neighborhood Justice Fund (Justice Fund) and abolish the Mayor’s Community Support Fund (Support Fund), authorize the District Attorney to establish guidelines for disbursement of monies in the Justice Fund and permit the District Attorney to disburse monies from the Justice Fund consistent with those guidelines, rename the Community Courts Program the Neighborhood Courts Program and direct that all penalties and fines collected from participants in that program previously deposited in the Support Fund be deposited in the Justice Fund, and designate the District Attorney as administrator of the San Francisco Dispute Resolution Program Fund. (District Attorney) Supervisor Farrell, seconded by Supervisor Mar, moved that this Ordinance be CONTINUED to the Board of Supervisors meeting of July 19, 2016. The motion carried by the following vote:

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

160634 [Administrative Code - Department of Public Health Managed Care Contracts] Sponsor: Mayor Ordinance amending the Administrative Code to extend the authorization of the Director of Health to enter into managed care contracts for the provision of services to individuals covered under federal and state programs including subsidized health coverage for low income populations. (Public Health Department) Supervisor Farrell, seconded by Supervisor Mar, moved that this Ordinance be CONTINUED to the Board of Supervisors meeting of July 19, 2016. The motion carried by the following vote:

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

160635 [Health Code - Patient Rates - FYs 2016-2017 and 2017-2018] Sponsor: Mayor Ordinance amending the Health Code to set patient rates and other services provided by the Department of Public Health, effective July 1, 2016, through June 30, 2018. (Public Health Department) Supervisor Farrell, seconded by Supervisor Mar, moved that this Ordinance be CONTINUED to the Board of Supervisors meeting of July 19, 2016. The motion carried by the following vote:

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

eliminating redundancies and moving the authority for all programs under one renumbered Article; 2) create the Family General Relief program, to provide aid under limited circumstances to indigent households with minors who are ineligible for state aid; 3) authorize the Department of Human Services to create an intensive employment services program; 4) remove the authority to impose recoupments to collect overpayments resulting from agency error; 5) expand the types of identification that are acceptable as proof of identity; 6) repeal the requirement that applicants transfer to the City any interests in real property; 7) conform to changes in state law governing time limits applied to receipt of benefits under the CalWORKs program; 8) delete outdated provisions that no longer reflect current operation of the General Assistance program; and 9) reduce the time during which records must be retained from five to three years. (Human Services Agency) (Fiscal Impact; No Budget and Legislative Analyst Report) Supervisor Farrell, seconded by Supervisor Mar, moved that this Ordinance be CONTINUED to the Board of Supervisors meeting of July 19, 2016. The motion carried by the following vote:

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

160637 [Fire Code - Increasing Fire Department Overtime Fee] Sponsor: Mayor Ordinance amending the Fire Code to increase the Fire Department Overtime Fee from $133 to $134 per hour. (Fire Department) Supervisor Farrell, seconded by Supervisor Mar, moved that this Ordinance be CONTINUED to the Board of Supervisors meeting of July 19, 2016. The motion carried by the following vote:

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

160640 [Administrative Code - Fee for Credit and Debit Card Transactions] Sponsor: Mayor Ordinance amending the Administrative Code to impose a fee for credit and debit card transactions processed by the City and County of San Francisco. (Treasurer-Tax Collector) Supervisor Farrell, seconded by Supervisor Mar, moved that this Ordinance be CONTINUED to the Board of Supervisors meeting of July 19, 2016. The motion carried by the following vote:

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

160474 [Proposition J Contract Certification Specified Contracted-Out Services Previously Approved] Sponsor: Mayor Resolution concurring with the Controller's certification that services previously approved can be performed by private contractor for a lower cost than similar work performed by City and County employees for the following services: information booths, security, parking operations, and shuttle bus (Airport); citations processing, towing, paratransit, parking meter, security, and transit shelter (Municipal Transportation Agency); security and janitorial (Port); and security (Public Utilities Commission). Supervisor Farrell, seconded by Supervisor Mar, moved that this Resolution be CONTINUED to the Board of Supervisors meeting of July 19, 2016. The motion carried by the following vote:

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

160648 [Proposition J Contract Certification Specified Contracted-Out Services Previously Approved] Sponsor: Mayor Resolution concurring with the Controller's certification that services previously approved can be performed by private contractor for a lower cost than similar work performed by City and County employees, for the following services: budget analyst (Board of Supervisors); citywide custodial services (excluding City Hall), citywide security services, and central shops security, convention facilities management (General Services Agency-City Administrator); mainframe system support (General Services Agency-Technology); security services (Human Services Agency); food services for jail inmates (Sheriff); assembly of vote-by-mail envelopes (Department of Elections); security services-1680 Mission Street; and security services-30 Van Ness Avenue (General Services Agency-Public Works). (Controller) Supervisor Farrell, seconded by Supervisor Mar, moved that this Resolution be CONTINUED to the Board of Supervisors meeting of July 19, 2016. The motion carried by the following vote:

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

160646 [Authorized Representative in Sales and Use Tax Records Examination - MuniServices, LLC] Sponsor: Mayor Resolution designating MuniServices, LLC ("Contractor") as the City and County of San Francisco's authorized representative in Sales and Use Tax Records Examination. (Controller) Supervisor Farrell, seconded by Supervisor Mar, moved that this Resolution be CONTINUED to the Board of Supervisors meeting of July 19, 2016. The motion carried by the following vote:

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

160647 [Access Line Tax Adjustment - Consumer Price Index of 2016] Sponsor: Mayor Resolution concurring with the Controller’s establishment of the Consumer Price Index for 2016, and adjusting the Access Line Tax by the same rate. (Controller) Supervisor Farrell, seconded by Supervisor Mar, moved that this Resolution be CONTINUED to the Board of Supervisors meeting of July 19, 2016. The motion carried by the following vote:

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

160649 [Accept and Expend Grants - Recurring State Grant Funds - Department of Public Health- FY2016-2017] Sponsor: Mayor Resolution authorizing the acceptance and expenditure of State grant funds by the San Francisco Department of Public Health for FY2016-2017. (Public Health Department) (Fiscal Impact; No Budget and Legislative Analyst Report) Supervisor Farrell, seconded by Supervisor Mar, moved that this Resolution be CONTINUED to the Board of Supervisors meeting of July 19, 2016. The motion carried by the following vote:

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

160650 [Accept and Expend Grant - The San Francisco Foundation - Hope SF - $1,400,500] Sponsor: Mayor Resolution retroactively authorizing the San Francisco Department of Public Health to accept and expend a grant in the amount of $1,400,500 from The San Francisco Foundation to participate in a program entitled Hope SF for the period of September 1, 2015, through June 30, 2018, waiving indirect costs. (Public Health Department) Supervisor Farrell, seconded by Supervisor Mar, moved that this Resolution be CONTINUED to the Board of Supervisors meeting of July 19, 2016. The motion carried by the following vote:

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

160651 [Withdrawing from the Statewide Finger Imaging System in County Adult Assistance Programs] Sponsor: Mayor Resolution authorizing the San Francisco Human Services Agency to withdraw from the Statewide Finger Imaging System for purposes of administering the County Adult Assistance Programs. (Human Services Agency) Supervisor Farrell, seconded by Supervisor Mar, moved that this Resolution be CONTINUED to the Board of Supervisors meeting of July 19, 2016. The motion carried by the following vote:

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

160652 [Real Property Purchase - 440 Turk Street - San Francisco Housing Authority - Not to Exceed $5,000,000] Sponsor: Mayor Resolution authorizing the execution and acceptance of a Purchase and Sale Agreement by and between the City and the Housing Authority of the City and County of San Francisco ("Seller"), for the real property located at 440 Turk Street (Assessor’s Parcel Block No. 0336, Lot No. 005) for no greater than $5,000,000; and finding the proposed transaction is in conformance with the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Fiscal Impact) Supervisor Farrell, seconded by Supervisor Mar, moved that this Resolution be CONTINUED to the Board of Supervisors meeting of July 19, 2016. The motion carried by the following vote:

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

160653 [Homelessness and Supportive Housing Fund - Approval of FYs 2016-2017 and 2017-2018 Expenditure Plans] Sponsor: Mayor Resolution approving the FYs 2016-2017 and 2017-2018 Expenditure Plans for the Department of Homelessness and Supportive Housing Fund. (Fiscal Impact; No Budget and Legislative Analyst Report) Supervisor Farrell, seconded by Supervisor Mar, moved that this Resolution be CONTINUED to the Board of Supervisors meeting of July 19, 2016. The motion carried by the following vote:

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

160654 [Parking and Transit Violation Citation Overpayments Transfer to the General Fund - Up to $4,000,000] Sponsor: Mayor Resolution approving the recognition of $4,000,000 for overpayments and duplicate payments received by the City for parking and transit violations issued between January 1, 1994, and June 30, 2012, and approving the transfer of up to $4,500,000 to the General Fund. (Municipal Transportation Agency) Supervisor Farrell, seconded by Supervisor Mar, moved that this Resolution be CONTINUED to the Board of Supervisors meeting of July 19, 2016. The motion carried by the following vote:

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

160606 [Cost of Living Adjustment to the Contract for Budget and Legislative Analyst Services - $2,174,806 - FY2016-2017] Motion enacting a 2.25% cost of living adjustment (COLA) to the base FY2016-2017 contract amount of $2,126,950 for Budget and Legislative Analyst Services, to be effectuated as of July 1, 2016, resulting in a new FY2016-2017 contract amount of $2,174,806, an increase of $47,856; and directing the Clerk of the Board to take all necessary administrative action to amend the contract accordingly. (Clerk of the Board) Supervisor Farrell, seconded by Supervisor Mar, moved that this Motion be CONTINUED to the Board of Supervisors meeting of July 19, 2016. The motion carried by the following vote:

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

160667 [Administrative Code - Requests for Qualifications] Sponsor: Mayor Ordinance amending the Administrative Code to extend the permissible period for using a list of prequalified entities to contract for commodities and/or services following the issuance of a Request for Qualifications from two years to four years if certain conditions are met. PASSED, ON FIRST READING by the following vote:

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

160513 [Construction Management and Oversight Services Intergovernmental Agreement - Transbay Joint Powers Authority - $4,491,461] Sponsor: Mayor Resolution retroactively approving a Transbay Project Construction Management and Oversight Services Intergovernmental Agreement with the Transbay Joint Powers Authority, including anticipated compensation to the City, through the Department of Public Works, for performing such services, in the total amount of $4,491,461 for a three-year term commencing January 4, 2016, and mutual indemnity provisions; and authorizing the Deputy Director of the Department of Public Works to execute that Agreement. Resolution No. 274-16 ADOPTED by the following vote:

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

160533 [Contract Approval - San Francisco In-Home Supportive Service Public Authority - Provider Benefits and Administration Contract Approval - $267,094,964] Resolution approving the contract between the City and County of San Francisco and San Francisco In-Home Supportive Services (IHSS) Public Authority for the provision of administration, health, and dental benefits to IHSS Independent Providers for the period of July 1, 2016, to June 30, 2020, in the amount of $267,094,964. (Human Services Agency) (Fiscal Impact; No Budget and Legislative Analyst Report) Resolution No. 275-16 ADOPTED by the following vote:

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

160597 [Intent to Prioritize Funding Free City College of San Francisco] Sponsors: Kim; Breed, Peskin, Yee, Mar, Campos and Avalos Resolution reclaiming the promise of free higher education in the City and County of San Francisco by securing funding to eliminate enrollment fees for students who are San Francisco residents or working at least half-time in San Francisco, and by supporting educational costs for enrolled students who are in receipt of federal or state financial aid. (Supervisor Farrell dissented in committee.) Resolution No. 280-16 ADOPTED by the following vote:

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

Noes: Farrell

016. (Economic Impact) (Supervisor Farrell dissented in committee.) Supervisor Kim, seconded by Supervisor Yee, moved that this Motion be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE, on Page 1, Lines 9-10, and Lines 22-23, by adding ‘and to clarify the application of the Real Property Transfer Tax to transfers of ownership interests in legal entities’; on Page 3, Lines 10-11, by striking ‘TITLE CHANGES NOT AFFECTING OWNERSHIP’; Page 4, Lines 5-6, by adding ‘(d) Notwithstanding any other language in this Section 1108, nothing in this Section shall exempt from the tax imposed under this Article 12-C any “realty sold” as described in Section 1114(b).’, Line 9, by striking ‘(d)’, Line 24, by adding ‘(b)’, adding ‘subsection (a)’, and striking ‘the preceding sentence’; and Page 5, Line 1, by striking ‘the entity’s’, striking ‘&’, adding ‘and’, striking ‘§’, and adding ‘Section’, and Lines 2-4, by adding ‘In such cases, there shall be deemed to have been an instrument executed whereby there was conveyed, for fair market value, all real property that experienced a change of ownership under California Revenue and Taxation Code Section 64.’ The motion carried by the following vote:

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

Motion ordering submitted to the voters, at an election to be on held November 8, 2016, an ordinance amending the Business and Tax Regulations Code to increase the Real Property Transfer Tax rate from 2% to 2.25% on properties with a consideration or value of at least $5,000,000 and less than $10,000,000; from 2.5% to 2.75% on properties with a consideration or value of at least $10,000,000 and less than $25,000,000; and from 2.5% to 3% on properties with a consideration or value of at least $25,000,000, and to clarify the application of the Real Property Transfer Tax to transfers of ownership interests in legal entities; and increasing the City’s appropriations limit by the amount of the tax increase for four years from November 8, 2016. Supervisor Kim, seconded by Supervisor Peskin, moved that this Motion be CONTINUED AS AMENDED to the Board of Supervisors meeting of July 19, 2016, and for the Board to convene as a Committee of the Whole to consider this Motion. The motion carried by the following vote:

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

150729 [Administrative Code - Neighborhood Noticing Ordinance] Sponsors: Farrell; Breed Ordinance amending the Administrative Code to direct the Chief Data Officer to develop a pilot program for expanding public notice of significant projects and permitting decisions in the City, in the areas of construction and infrastructure repair work, public health and safety services and facilities, and transportation. (Fiscal Impact) Supervisor Breed 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

00,000 Plus $150,000 per Year, Plus Future Gifts - New Park at Francisco Reservoir Site] Sponsors: Farrell; Peskin Ordinance authorizing the Recreation and Park Department (RPD) to enter into an agreement with the Francisco Park Conservancy (FPC) regarding the funding and stewardship of a new park on the Francisco Reservoir Site, located between Hyde and Larkin Streets south of Bay Street, and on the 0.96 acre parcel located immediately adjacent to and south of the Francisco Reservoir Site; authorizing RPD to accept and expend an in-kind grant from the FPC of approximately $25,000,000 in construction services for the new park, and annual cash grants from the FPC anticipated to be approximately $150,000 each year for future maintenance of the new park; authorizing RPD to accept and expend future grants and gifts from the FPC for additional improvements at the new park; and amending the Park Code to list the new park as a park where no alcoholic beverages may be consumed. (Fiscal Impact) Privilege of the floor was granted unanimously to Jon Givner (Office of the City Attorney) who responded to questions raised throughout the discussion. PASSED, ON FIRST READING by the following vote:

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

160428 [Real Property Lease - Opera Plaza, L.P. - 601 Van Ness Avenue - $363,132 Rent in Initial Year] Sponsor: Breed Resolution authorizing a Lease between the City and County of San Francisco, as Tenant, and Opera Plaza L.P. as Landlord, of office space located at 601 Van Ness Avenue in San Francisco, consisting of approximately 8,646 rentable square feet, for an initial term of five years for use by the Human Services Agency of San Francisco at $30,261 monthly rent, totaling $363,132 in the initial year, with annual $1.00 per sq. ft. increases and one, five-year option to extend the term; and finding the proposed transaction is in conformance with the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Fiscal Impact) Resolution No. 272-16 ADOPTED by the following vote:

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

160480 [Real Property Lease - 200 Paul, LLC - 200 Paul Ave - $809,010 Rent in Initial Year] Sponsor: Cohen Resolution authorizing a Lease between the City and County of San Francisco, as Tenant, and 200 Paul, LLC, a Delaware limited liability company as Landlord, of office production and warehouse space located at 200 Paul Avenue, consisting of approximately 53,934 square feet of building and approximately 24,000 square feet of yard for a ten-year term of January 1, 2017, through December 31, 2026, for use by the Department of Technology’s Public Safety Division at $67,417.50 monthly, for $809,010 rent in the initial year with annual 3% increases and one five-year option to extend; and finding the proposed transaction is in conformance with the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Fiscal Impact) Resolution No. 273-16 ADOPTED by the following vote:

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

160538 [Memorandum of Agreement - United States Department of the Interior, National Park Service - Not to Exceed $12,326,507] Resolution authorizing the General Manager of the San Francisco Public Utilities Commission to execute a Memorandum of Agreement with the United States Department of the Interior, National Park Service, Yosemite National Park, for comprehensive management of watersheds within Yosemite National Park supplying the San Francisco Regional Water System for an amount not to exceed $12,326,507 and a total duration of two years from July 1, 2016, through June 30, 2018, pursuant to Charter, Section 9.118. (Public Utilities Commission) (Fiscal Impact) Resolution No. 276-16 ADOPTED by the following vote:

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

160542 [Cost Reimbursement Agreement - ExxonMobil Corporation - Management of Residual Petroleum Hydrocarbons - Wharf J10 - $5,000,000] Resolution approving the Cost Reimbursement Agreement between the Port and ExxonMobil Corporation for the management of residual petroleum hydrocarbons on City property in the area known as Wharf J10 in Fisherman’s Wharf, for a term of 20 years or reimbursement of $5,000,000 increased by 3% annually, whichever comes first. (Port) Privilege of the floor was granted unanimously to Carol Bach (San Francisco Port) who responded to questions raised throughout the discussion. Resolution No. 278-16 ADOPTED by the following vote:

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

160596 [Contract Amendment - New Flyer of America, Inc. - Purchase of Low Floor Electric Trolley Buses - Not to Exceed $150,448,729] Sponsors: Breed; Mar Resolution approving Amendment No. 1 to Contract No. CPT 632 (Procurement of Electric Trolley Buses) with New Flyer of America, Inc., to purchase an additional 33 articulated low-floor electric trolley buses, for an additional amount of $55,498,285 and a total contract amount not to exceed $150,448,729 with no change to the term of the contract; and authorizing the Director of Transportation of the San Francisco Municipal Transportation Agency to enter into amendments or modifications to the Agreement, as defined herein. (Municipal Transportation Agency) (Fiscal Impact) Supervisor Mar requested to be added as a co-sponsor. Resolution No. 279-16 ADOPTED by the following vote:

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

160598 [Authorizing Expenditures - SoMa Community Stabilization Fund - $635,000] Sponsor: Kim Resolution authorizing the Mayor’s Office of Housing and Community Development to expend SoMa Community Stabilization Fund dollars in the amount of $635,000 to address various impacts of destabilization on residents and businesses in SoMa, and reaffirming an administrative support plan for the Fund. (Mayor’s Office of Housing and Community Development) (Fiscal Impact) Resolution No. 281-16 ADOPTED by the following vote:

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

Absent: Mar

160622 [Second Extension Agreement - Long Term Power Sales - Turlock Irrigation District] Resolution approving a Second Extension Agreement between the City and County of San Francisco, acting by and through its Public Utilities Commission, and the Turlock Irrigation District, to extend the term of the existing Long Term Power Sales Agreement to the earlier of the approval of a replacement agreement by both parties, or June 30, 2017. (Public Utilities Commission) (Fiscal Impact) Resolution No. 282-16 ADOPTED by the following vote:

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

160623 [Second Extension Agreement - Long Term Energy Sales - Modesto Irrigation District] Resolution approving a Second Extension Agreement between the City and County of San Francisco, acting by and through its Public Utilities Commission, and the Modesto Irrigation District, to extend the term of the existing Long Term Energy Sales Agreement to the earlier of the approval of a replacement agreement by both parties, or June 30, 2017. (Public Utilities Commission) (Fiscal Impact) Resolution No. 283-16 ADOPTED by the following vote:

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

160499 [Summary Street Vacation - Greenwich Street - Pioneer Park Improvements] Ordinance ordering the summary street vacation of a portion of Greenwich Street adjacent to Coit Tower, and generally bounded by Assessor’s Parcel Block No. 0079 to the north, Assessor’s Parcel Block No. 0086 to the south, Kearny Street to the west, and Montgomery Street to the east, as part of improvements to Pioneer Park; approving an interdepartmental transfer of the vacation area from Public Works to the Recreation and Park Department; affirming the Planning Department’s determination under the California Environmental Quality Act; adopting findings that the actions contemplated in this Ordinance are consistent with the General Plan, and the eight priority policies of Planning Code, Section 101.1; and authorizing official acts in connection with this Ordinance. (Recreation and Park Department) PASSED, ON FIRST READING by the following vote:

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

160541 [Term Sheet Endorsement - TZK Broadway, LLC - Teatro ZinZanni Theatre/Hotel Project] Resolution endorsing the term sheet between TZK Broadway, LLC, whose members include Teatro ZinZanni and its financial and development partner, Kenwood Investments No. 6, LLC, and the Port Commission for the lease and development of a 180-200 room hotel, a dinner-theater featuring Teatro ZinZanni, an approximately 7,500 square-foot public park and open space, and ancillary uses on Seawall Lots 323 and 324 and portions of unimproved Vallejo and Davis Street rights-of-way on the west side of The Embarcadero at Vallejo Street. (Port) Resolution No. 277-16 ADOPTED by the following vote:

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

160660 [Urging the San Francisco Legislative Delegation to Amend or Oppose the Proposed “By Right Housing Approvals” Budget Trailer Bill] Sponsors: Peskin; Mar, Kim, Yee, Avalos and Campos Resolution urging the San Francisco Legislative Delegation to amend or oppose the “By Right Housing Approvals” proposed Trailer Bill in recognition of San Francisco’s local planning tools and significant contributions to regional housing development. ADOPTED by the following vote:

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

Noes: Breed, Cohen, Farrell, Tang, Wiener

160675 [Urging the San Francisco Legislative Delegation to Work to Amend the Proposed “By Right Housing Approvals” Budget Trailer Bill] Sponsor: Wiener Resolution urging the San Francisco Legislative Delegation to work to amend the "By Right Housing Approvals" proposed Trailer Bill, in recognition of San Francisco's severe housing crisis and existing obstacles to sufficient regional and statewide housing creation. NOT ADOPTED by the following vote:

Ayes: Breed, Cohen, Farrell, Tang, Wiener

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

160248 [Liquor License - 141 Gough Street] Resolution determining that the issuance of a Type 21 off-sale general license to Phitak Raxakoul for San Francisco Wine and Cheese, Inc. dba San Francisco Wine and Cheese located at 141 Gough Street (District 5), 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. 270-16 ADOPTED by the following vote:

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

160250 [Liquor License - 927 Post Street] Resolution determining that the issuance of a Type 20 off-sale beer and wine license to Raton 927 LLC, dba Raton 927 located at 927 Post Street (District 6), 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. 271-16 ADOPTED by the following vote:

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

160680 [Liquor License - 29-3rd Street] Resolution determining that the issuance of a Type 48 on-sale general public premises license to Destination Bars, Inc. for The Lark located at 29-3rd Street (District 6), 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. 284-16 ADOPTED by the following vote:

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

151273 [Charter Amendment - Filling Vacancies in Local Elective Office] Sponsors: Avalos; Mar Charter Amendment (Fifth Draft) to amend the Charter of the City and County of San Francisco to require the Department of Elections to hold a special election when there is a vacancy in the Office of Member of the Board of Supervisors, unless a regularly scheduled election will be held within 180 days of the vacancy; provide that the Mayor shall appoint an interim Supervisor to fill a supervisorial vacancy until an election is held to fill that vacancy, with the interim Supervisor being ineligible to compete in that election; and require the Mayor to fill vacancies in all local elective offices within 28 days of the vacancy, at an election to be held on November 8, 2016. Supervisor Avalos, seconded by Supervisor Farrell, moved that this Charter Amendment be CONTINUED to the Board of Supervisors meeting of July 19, 2016. The motion carried by the following vote:

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

160381 [Charter Amendment - City Responsibility for Maintaining Street Trees] Sponsor: Wiener Charter Amendment (Third Draft) to amend the Charter of the City and County of San Francisco to transfer responsibility for the maintenance of street trees to the City and establish a special fund primarily to pay for such maintenance and the maintenance of trees on San Francisco Unified School District property; to amend the Business and Tax Regulations Code to add a special parcel tax primarily to fund the City’s maintenance of street trees and the maintenance of trees on San Francisco Unified School District property; to increase the City’s appropriations limit by the amount of the parcel tax for four years from November 8, 2016; and to affirm the Planning Department’s determination under the California Environmental Quality Act. Supervisor Wiener, seconded by Supervisor Campos, moved that this Charter Amendment be CONTINUED to the Board of Supervisors meeting of July 19, 2016. The motion carried by the following vote:

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

160582 [Charter Amendment - City Responsibility for Maintaining Street Trees] Sponsors: Avalos; Mar Charter Amendment (First Draft) to amend the Charter of the City and County of San Francisco to transfer responsibility for the maintenance of street trees from abutting property owners to the City; and affirming the Planning Department’s determination under the California Environmental Quality Act, at an election to be held on November 8, 2016. Supervisor Avalos, seconded by Supervisor Mar, moved that this Charter Amendment be CONTINUED to the Board of Supervisors meeting of July 19, 2016. The motion carried by the following vote:

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

s until fiscal year 2026-2027, and continuing at that amount, adjusted annually for changes in aggregate discretionary City revenues, for the next 10 years until fiscal year 2036-2037; 3) establish a planning process for expenditures from the Fund; 4) create an Oversight and Advisory Committee; 5) set an expiration date of June 30, 2037; and, 6) change the “Commission on Aging” to the “Aging and Adult Services Commission” and update its responsibilities, at an election to be held on November 8, 2016. (Supervisor Tang dissented in committee.) Supervisor Yee, seconded by Supervisor Campos, moved that this Charter Amendment be AMENDED, on Page 17, Line 5, by adding 'The Mayor shall invite the Board of Supervisors to recommend candidates for the three at-large members and the Mayor shall consider any such recommendations in making the appointments.' after 'Notice of Appointment.'; and Page 18, Lines 12-15, by adding 'Prior to making the appointments, the Mayor shall invite the Board of Supervisors to recommend candidates for the Commission and the Mayor shall consider any such recommendations in making the appointments.' after 'four-year terms.' The motion FAILED by the following vote:

Ayes: Avalos, Campos, Kim, Peskin, Yee

Noes: Breed, Cohen, Farrell, Mar, Tang, Wiener

Supervisor Avalos, seconded by Supervisor Yee, moved that this Charter Amendment be AMENDED by splitting the Mayor and Board of Supervisors appointments to the Oversight and Advisory Committee and Aging and Adult Services Commission. The motion FAILED by the following vote:

Ayes: Avalos, Campos, Kim, Peskin, Yee

Noes: Breed, Cohen, Farrell, Mar, Tang, Wiener

Supervisor Yee, seconded by Supervisor Mar, moved that this Charter Amendment be AMENDED on Page 17, Line 5, by adding 'The Board of Supervisors may recommend candidates for the three at-large members and the Mayor shall consider any such recommendations in making the appointments.' after 'Notice of Appointment.'; and on Page 19, Lines 12-15, by adding 'The Board of Supervisors may recommend candidates for the Commission and the Mayor shall consider any such recommendations in making the appointments.' after 'four-year terms.' The motion FAILED by the following vote:

Ayes: Avalos, Campos, Peskin, Yee

Noes: Breed, Cohen, Farrell, Kim, Mar, Tang, Wiener

Supervisor Cohen, seconded by Supervisor Avalos, moved that this Charter Amendment be CONTINUED to the Board of Supervisors meeting of July 19, 2016. The motion carried by the following vote:

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

160586 [Charter Amendment - Department of Police Accountability] Sponsors: Cohen; Breed Charter Amendment (Second Draft) to amend the Charter of the City and County of San Francisco to: re-name the Office of Citizen Complaints (OCC) as the Department of Police Accountability (DPA); give DPA direct authority over its proposed budget; and require DPA to conduct a performance audit every two years of how the Police Department has handled claims of officer misconduct and use of force, at an election to be held on November 8, 2016. Supervisor Cohen, seconded by Supervisor Avalos, moved that this Charter Amendment be CONTINUED to the Board of Supervisors meeting of July 19, 2016. The motion carried by the following vote:

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

160589 [Charter Amendment - Municipal Transportation Agency - Appointments to Board of Directors and Budget Process] Sponsors: Yee; Kim, Peskin and Campos Charter Amendment (Second Draft) to amend the Charter of the City and County of San Francisco to split the power to make appointments to the San Francisco Municipal Transportation Agency (SFMTA) Board of Directors between the Mayor and the Board of Supervisors, to lower the vote by which the Board of Supervisors may reject the SFMTA Budget from seven to six, and to make related changes implementing these amendments, at an election to be held on November 8, 2016. (Supervisor Tang dissented in committee.) Supervisor Yee, seconded by Supervisor Campos, moved that this Charter Amendment be CONTINUED to the Board of Supervisors meeting of July 19, 2016. The motion carried by the following vote:

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

160319 [Administrative Code - San Francisco Fire Victims Assistance Fund] Sponsors: Breed; Campos, Farrell, Cohen and Mar Ordinance amending the Administrative Code to establish the San Francisco Fire Victims Assistance Fund. Supervisors Farrell, Cohen, and Mar 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

160581 [Charter Amendment - Homeless Housing and Services Fund; Transportation Improvement Fund - Budget Set-Asides] Sponsors: Mayor; Wiener and Farrell Charter Amendment (Second Draft) to amend the Charter of the City and County of San Francisco to: create a Homeless Housing and Services Fund and appropriate $12.5 million to the Fund in fiscal year 2016-2017 and $50 million annually to the Fund, adjusted for changes in discretionary City revenues, for the next 24 years, and create a Transportation Improvement Fund and appropriate $25.4 million to the Fund in fiscal year 2016-2017 and $101.6 million annually to the Fund, adjusted for changes in discretionary City revenues, for the next 24 years, and authorize the City to issue indebtedness secured by monies deposited in the Transportation Improvement Fund, at an election to be held on November 8, 2016. Supervisor Wiener, seconded by Supervisor Mar, moved that this Charter Amendment be CONTINUED to the Board of Supervisors meeting of July 19, 2016. The motion carried by the following vote:

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

160746 [Closed Session - Existing Litigation - David Zeller - July 12, 2016] Closed Session for the Board of Supervisors to convene on July 12, 2016, pursuant to California Government Code, Section 54956.9(a), and San Francisco Administrative Code, Section 67.10(d) (1), for the purpose of conferring with, or receiving advice from, the City Attorney regarding existing litigation relating to the lawsuit filed on March 14, 2013, in San Francisco Superior Court, Case No. CGC-13-529554; entitled David Zeller v. City of San Francisco, et al.; in which the City is a defendant. (Clerk of the Board) Although a motion was not required, since the Motion to Convene was already approved by Motion No. M16-090 (File No. 160745), Supervisor Campos, seconded by Supervisor Farrell, moved that the Board of Supervisors convene in closed session with the City Attorney. The motion carried by the following vote:

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

convene in closed session pursuant to the passage of Motion No. M16-090 (File No. 160745). 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), 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, the Clerk of the Board stated that no action was taken, and the hearing was filed. RECONVENED IN OPEN SESSION The Board reconvened at the hour of 6:30 p.m. The following Supervisors were noted present: Supervisors Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee HEARD AND FILED City and County of San Francisco Page 549 Printed at 10:00 am on 10/26/16 Board of Supervisors Meeting Minutes 7/12/2016 [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 Campos, seconded by Supervisor Farrell, 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

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 19, 2016. The motion carried by the following vote:

Ayes: Avalos, Campos, Cohen, Farrell, Mar, Wiener

Noes: Breed, Kim, Peskin, Tang, Yee

160757 [Urging the Bay Area Air Quality Management District to Adopt a Refinery Emission Reduction Rule that Includes Enforceable Numeric Limits on Refinery-Wide Emissions of Greenhouse Gas and Particulate Matter Air Pollution] Sponsors: Avalos; Mar Resolution urging the Board of Directors of the Bay Area Air Quality Management District to adopt a version of Regulation 12, Rule 16, which includes all four proposed refinery emission reduction options, including the Community-Worker Alternative to adopt enforceable numeric emission limits to ensure the health and safety of both refinery workers and the greater community. Resolution No. 285-16 ADOPTED by the following vote:

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

160758 [Affirming San Francisco’s Commitment to the Success of the Department of Homelessness and Supportive Housing] Sponsor: Peskin Resolution affirming that the Board of Supervisors will not approve policies or submit ballot measures that underfund or otherwise undermine the ability of the Department of Homelessness and Supportive Housing to successfully implement a housing first and public health approach to addressing homelessness. Privilege of the floor was granted unanimously to Jeff Kositsky, Director (Department of Homelessness), who responded to questions raised throughout the discussion. Supervisor Peskin, seconded by Supervisor Avalos, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 2, Line 5, by adding 'that at least for one year it shall' after 'Board of Supervisors pledges', and striking 'to' after 'not', and Line 9, by adding 'that at least for one year it shall' after 'Board of Supervisors pledges'. The motion carried by the following vote:

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

160759 [Urging the California Public Utilities Commission to Adopt Conviction History Regulations In Furtherance of a Level Regulatory Playing Field And In Compliance With San Francisco’s 2014 Fair Chance Ordinance] Sponsor: Peskin Resolution urging the California Public Utilities Commission to adopt new regulations of Transportation Network Companies that would require the same fingerprint-based criminal background checks currently required of traditional taxi cab companies, and supporting the California Public Utilities Commission’s solicitation for comment regarding the current method of criminal background checks for Transportation Network Companies. Supervisor Peskin, seconded by Supervisor Mar, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE, by deleting all references to 'Live Scan', and adding references to the 'Fair Chance Ordinance' that limit the use of criminal history information. The motion carried by the following vote:

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

Resolution urging the California Public Utilities Commission to adopt new regulations of Transportation Network Companies that would require the same criminal background checks required of traditional taxi cab companies, recognizing the importance of a level regulatory playing field between Transportation Network Companies and traditional taxi cab companies, and supporting the California Public Utilities Commission’s solicitation for comment regarding the current method of criminal background checks for Transportation Network Companies. Supervisor Peskin, seconded by Supervisor Yee, moved that this Resolution be CONTINUED AS AMENDED to the Board of Supervisors meeting of July 19, 2016. The motion carried by the following vote:

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

160765 [Declaration of Election Results of the June 7, 2016, Consolidated Municipal Election] Resolution declaring the results of the June 7, 2016, Consolidated Municipal Election. (Clerk of the Board) Resolution No. 286-16 ADOPTED by the following vote:

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

160745 [Closed Session - Existing Litigation - David Zeller] Motion that the Board of Supervisors convene in closed session on July 12, 2016, for the purpose of conferring with, or receiving advice from the City Attorney regarding existing litigation relating to the lawsuit filed on March 14, 2013, in San Francisco Superior Court, Case No. CGC-13-529554; entitled David Zeller v. City of San Francisco, et al.; in which the City is a defendant; pursuant to California Government Code, Section 54956.9(a), and San Francisco Administrative Code, Section 67.10(d)(1), which permits this closed session because discussion in open session concerning this matter would likely and unavoidably prejudice the position of the City in the existing litigation. (Clerk of the Board) Motion No. M16-090 APPROVED by the following vote:

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

160762 [Calling from Committee - Committee of the Whole - Planning Code Amendment (File No. 160252) - Construction of Accessory Dwelling Units] Sponsor: Peskin Motion calling from the Land Use and Transportation Committee, pursuant to Board Rule 3.37, the proposed Ordinance (File No. 160252) amending the Planning Code to allow for the construction of Accessory Dwelling Units (ADUs, also known as Secondary or In-Law Units) on all lots in the City in areas that allow residential use, and scheduling the Board of Supervisors to sit as a Committee of the Whole on July 19, 2016, at 3:00 p.m., to hold a public hearing to consider the proposed Ordinance. Supervisor Peskin, seconded by Supervisor Farrell, 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