Board of Supervisors Minutes: July 19, 2016

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) Ordinance No. 141-16 FINALLY PASSED The foregoing items were acted upon by the following vote:

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

ion Ordinance for Departments - FYs 2016-2017 and 2017-2018] Sponsor: Mayor 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) Privilege of the floor was granted unanimously to Acting Chief Toney Chaplin (Police Department), Harvey Rose, Budget and Legislative Analyst (Office of the Budget and Legislative Analyst), Ben Rosenfield, Controller (Office of the City Controller), and Melissa Whitehouse, Acting Budget Director (Mayor's Office), who responded to questions raised throughout the discussion. Supervisor Avalos, seconded by Supervisor Mar, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, by placing $30 million of the San Francisco's Police Department's budget on Board of Supervisors reserve pending quarterly presentation at the full Board on the Department's progress towards implementing reforms. The motion FAILED by the following vote:

Ayes: Avalos, Campos, Kim, Mar, Peskin

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

PASSED ON FIRST READING by the following vote:

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

Noes: Peskin

160629 [Annual Salary Ordinance - FYs 2016-2017 and 2017-2018] Sponsor: Mayor 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) PASSED ON FIRST READING by the following vote:

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

Noes: Peskin

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) Resolution No. 313-16 ADOPTED 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) Resolution No. 314-16 ADOPTED 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) PASSED ON FIRST READING 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) PASSED ON FIRST READING 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) PASSED ON FIRST READING 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) PASSED ON FIRST READING 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) PASSED ON FIRST READING 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) PASSED ON FIRST READING by the following vote:

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

nsor: Mayor Ordinance amending the Administrative Code to: 1) streamline the statutory authority for the City’s indigent aid programs by 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) PASSED ON FIRST READING 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) PASSED ON FIRST READING 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) PASSED ON FIRST READING 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). Resolution No. 307-16 ADOPTED 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) Resolution No. 317-16 ADOPTED 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) Resolution No. 315-16 ADOPTED 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) Resolution No. 316-16 ADOPTED 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) Resolution No. 318-16 ADOPTED 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) Resolution No. 319-16 ADOPTED 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) Resolution No. 320-16 ADOPTED 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) Resolution No. 321-16 ADOPTED 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) Resolution No. 322-16 ADOPTED 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) Resolution No. 323-16 ADOPTED 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) Motion No. M16-096 APPROVED 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. Ordinance No. 140-16 FINALLY PASSED by the following vote:

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

160687 [Planning Code - 100% Affordable Housing Bonus Program] Sponsors: Mayor; Tang 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. Ordinance No. 143-16 FINALLY PASSED 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. ORDERED SUBMITTED by the following vote:

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

Noes: Breed, Cohen, Farrell, Tang, Wiener

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 Tang, moved that this Charter Amendment be CONTINUED to the Board of Supervisors meeting of July 26, 2016. 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 578 Printed at 10:04 am on 10/26/16 Board of Supervisors Meeting Minutes 7/19/2016 Recommendation of the Rules Committee President Breed requested File Nos. 160581 and 160639 be called together. After the items were called, Supervisor Peskin, seconded by Supervisor Campos, moved that File Nos. 160581 and 160639 be continued and considered later in the meeting. The motion carried 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 (Third 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. NOT ORDERED SUBMITTED by the following vote:

Ayes: Breed, Cohen, Farrell, Tang, Wiener

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

Supervisor Wiener, seconded by Supervisor Tang, 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

ORDERED SUBMITTED by the following vote:

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

Noes: Kim, Peskin, 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 26, 2016. The motion carried by the following vote:

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

160585 [Charter Amendment - Dignity Fund] Sponsors: Cohen; Mar, Yee, Avalos, Campos, Breed and Kim Charter Amendment (Third Draft) to amend the Charter of the City and County of San Francisco to: 1) establish the Dignity Fund to support Seniors and Adults with Disabilities; 2) require an annual contribution by the City to the Fund including an annual baseline amount of $38 million, increasing by $6 million for fiscal year 2017-2018, and increasing by $3 million a year for the next 9 years 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.) ORDERED SUBMITTED by the following vote:

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

Noes: Peskin, Tang

After File No. 160586 was called, Supervisor Avalos, seconded by Supervisor Campos, moved that this Charter Amendment be continued and considered later in this meeting. The motion carried by the following vote:

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

Noes: Breed, Cohen, Farrell, Tang, Wiener

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. NOT ORDERED SUBMITTED by the following vote:

Ayes: Breed, Cohen, Farrell, Tang, Wiener

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

Supervisor Breed, seconded by Supervisor Tang, 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

Supervisor Breed, seconded by Supervisor Tang, moved that this Charter Amendment be CONTINUED to the Board of Supervisors meeting of July 26, 2016. The motion carried by the following vote:

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

Noes: Avalos, Campos, Mar

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.) ORDERED SUBMITTED by the following vote:

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

Noes: Breed, Cohen, Farrell, Tang, Wiener

160639 [Initiative Ordinance - Business and Tax Regulations Code - Three-Quarter Cent Sales Tax Increase] Sponsors: Mayor; Farrell and Wiener Ordinance amending the Business and Tax Regulations Code to impose a transactions (sales) and use tax at the rate of three-quarters of one percent (0.75%) for a period of 25 years, to be administered by the State Board of Equalization in accordance with Parts 1.6 and 1.7 of Division 2 of the California Revenue and Taxation Code; and increasing the City’s appropriations limit by the amount of the tax increase for four years from November 8, 2016; and directing submission of the tax for voter approval at the November 8, 2016, general municipal election. PASSED ON FIRST READING by the following vote:

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

Noes: Kim, Peskin, Yee

160593 [Prevailing Wage Requirements - Parking Meter Coin Collections and Counting] Sponsor: Wiener Ordinance authorizing the Municipal Transportation Agency to include, in any contract for parking meter coin collections, counting, and support services it executes after issuing a competitive solicitation, provisions that require the contractor and subcontractors to pay prevailing wages to meter collector, coin room operator, crew lead, and foreperson positions, and to provide transitional employment and retention to the prior contractor’s employees performing such services, subject to compliance with all applicable state laws and regulations; and making findings as to the applicable prevailing wage rates for the positions covered by this ordinance. (Fiscal Impact) PASSED, ON FIRST READING by the following vote:

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

160408 [Intergovernmental Agreement - San Mateo County - Reimburse Dispatched Calls - Not to Exceed $1,000,000 - Share Transient Occupancy Tax] Resolution approving an Intergovernmental Agreement between San Mateo County and the City and County of San Francisco, by and through its Airport Commission, to reimburse San Mateo County for the cost of dispatched calls to the Airport in an amount not to exceed $1,000,000 for the period retroactive to July 1, 2015, through June 30, 2020; and to share the Transient Occupancy Tax relating to the Airport’s Hotel. (Airport Commission) (Fiscal Impact) Resolution No. 292-16 ADOPTED by the following vote:

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

160410 [Agreement Amendment - San Francisco AIDS Foundation - Housing and Urban Health Program Services - Not to Exceed $39,809,206] Resolution approving a first amendment to the agreement between the Department of Public Health and the San Francisco AIDS Foundation to provide Housing and Urban Health Program Services, to extend the contract by five years, from July 1, 2011, through June 30, 2016, to July 1, 2011, through June 30, 2021, with a corresponding increase of $20,123,296 from $19,685,910; for a total amount not to exceed $39,809,206. (Public Health Department) (Fiscal Impact) Resolution No. 293-16 ADOPTED by the following vote:

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

160445 [Lease Agreement - Andale Management Group, Inc. - Pre- and Post-Security Concessions - $560,000 Minimum Annual Guarantee] Resolution approving International Terminal Food and Beverage Concession Lease No. 16-0012 between Andale Management Group, Inc., and the City and County of San Francisco, acting by and through its Airport Commission, for a pre-security concession with a term of seven years and three one-year options to extend, and a post-security concession with a term of ten years and two one-year options to extend, each term to commence upon Board approval, and an initial minimum annual guarantee of $560,000. (Airport Commission) Resolution No. 294-16 ADOPTED by the following vote:

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

160446 [Lease Agreement - High Flying Foods SFO, LLC - Post-Security Concession - $294,000 Minimum Annual Guarantee] Resolution approving International Terminal Food and Beverage Concession Lease No. 16-0013 between High Flying Foods SFO, LLC, and the City and County of San Francisco, acting by and through its Airport Commission, for a post-security concession for a term of ten years to commence following Board approval, with two one-year options to extend, and an initial minimum annual guarantee of $294,000. (Airport Commission) Resolution No. 295-16 ADOPTED by the following vote:

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

160447 [Lease Agreement - Tastes On The Fly, San Francisco, LLC - Pre- and Post-Security Concessions - $910,000 Minimum Annual Guarantee] Resolution approving International Terminal Food and Beverage Concession Lease No. 16-0014 between Tastes On The Fly, San Francisco, LLC and the City and County of San Francisco, acting by and through its Airport Commission, for one pre-security concession for a term of seven years with three one-year options to extend, and two post-security concessions for a term of ten years with two one-year options to extend, each term to commence following Board approval, and an initial Minimum Annual Guarantee of $910,000. (Airport Commission) Resolution No. 296-16 ADOPTED by the following vote:

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

160448 [Lease Agreement - Mum Fresh SF, Inc. - Post-Security Concession - $165,000 Minimum Annual Guarantee] Resolution approving International Terminal Food and Beverage Concession Lease No. 16-0015 between Mum Fresh SF, Inc., and the City and County of San Francisco, acting by and through its Airport Commission, for a post-security concession with a term of ten years to commence following Board approval, with two one-year options to extend, and an initial minimum annual guarantee of $165,000. (Airport Commission) Resolution No. 297-16 ADOPTED by the following vote:

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

160449 [Lease Agreement - Tomokazu Japanese Cuisine (SFO), Inc. - Post-Security Concession - $165,000 Minimum Annual Guarantee] Resolution approving International Terminal Food and Beverage Concession Lease No. 16-0016 between Tomokazu Japanese Cuisine (SFO), Inc., and the City and County of San Francisco, acting by and through its Airport Commission, for a post-security concession with a term of ten years to commence following Board approval, with two one-year options to extend, and an initial minimum annual guarantee of $165,000. (Airport Commission) Resolution No. 298-16 ADOPTED by the following vote:

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

160450 [Lease Agreement - SSP America, Inc. - Post-Security Concession - $225,000 Minimum Annual Guarantee] Resolution approving International Terminal Food and Beverage Concession Lease No. 16-0017 between SSP America, Inc., and the City and County of San Francisco, acting by and through its Airport Commission, for a post-security concession with a term of ten years to commence following Board approval, with two one-year options to extend, and an initial minimum annual guarantee of $225,000. (Airport Commission) Resolution No. 299-16 ADOPTED by the following vote:

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

160451 [Lease Agreement - Joe & The Juice SFO, LLC - Post-Security Concession - $150,000 Minimum Annual Guarantee] Resolution approving International Terminal Food and Beverage Concession Lease No. 16-0018 between Joe & The Juice SFO, LLC, and the City and County of San Francisco, acting by and through its Airport Commission, for a post-security concession with a term of ten years to commence following Board approval, with two one-year options to extend, and an initial minimum annual guarantee of $150,000. (Airport Commission) Resolution No. 300-16 ADOPTED by the following vote:

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

160452 [Lease Agreement - Stix Holdings, LLC - Pre-Security Concession - $155,000 Minimum Annual Guarantee] Resolution approving International Terminal Food and Beverage Concession Lease No. 16-0019 between Stix Holdings, LLC, and the City and County of San Francisco, acting by and through its Airport Commission, for a pre-security concession with a term of seven years to commence following Board approval, with three one-year options to extend, and an initial minimum annual guarantee of $155,000. (Airport Commission) Resolution No. 301-16 ADOPTED by the following vote:

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

160453 [Lease Agreement - Midfield Concession Enterprises, Inc. - Pre-Security Concession - $125,000 Minimum Annual Guarantee] Resolution approving International Terminal Food and Beverage Concession Lease No. 16-0020 between Midfield Concession Enterprises, Inc., and the City and County of San Francisco, acting by and through its Airport Commission, for a pre-security concession with a term of seven years to commence following Board approval, with three one-year options to extend, and an initial minimum annual guarantee of $125,000. (Airport Commission) Resolution No. 302-16 ADOPTED by the following vote:

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

160454 [Lease Agreement - Bayport Concessions, LLC - Pre-Security Concession - $155,000 Minimum Annual Guarantee] Resolution approving International Terminal Food and Beverage Concession Lease No. 16-0021 between Bayport Concessions, LLC, and the City and County of San Francisco, acting by and through its Airport Commission, for a pre-security concession with a term of seven years to commence following Board approval, with three one-year options to extend, and an initial minimum annual guarantee of $155,000. (Airport Commission) Resolution No. 303-16 ADOPTED by the following vote:

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

160455 [Lease Agreement - Adam Light - Pre-Security Concessions - $190,000 Minimum Annual Guarantee] Resolution approving International Terminal Food and Beverage Concession Lease No. 16-0022 between Adam Light and the City and County of San Francisco, acting by and through its Airport Commission, for two pre-security concessions with a term of seven years to commence upon Board approval, with three one-year options to extend, and an initial minimum annual guarantee of $190,000. (Airport Commission) Resolution No. 304-16 ADOPTED by the following vote:

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

160456 [Lease Agreement - Host International, Inc. - Pre-Security Concessions - $120,000 Minimum Annual Guarantee] Resolution approving International Terminal Food and Beverage Concession Lease No. 16-0023 between Host International, Inc., and the City and County of San Francisco, acting by and through its Airport Commission, for two pre-security concessions with a term of seven years to commence with Board approval, with three one-year options to extend, and an initial minimum annual guarantee of $120,000. (Airport Commission) Resolution No. 305-16 ADOPTED by the following vote:

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

160457 [Lease Agreement - SSP America, Inc. - Pre-Security Concession - $196,000 Minimum Annual Guarantee] Resolution approving International Terminal Food and Beverage Concession Lease No. 16-0024 between SSP America, Inc., and the City and County of San Francisco, acting by and through its Airport Commission, for a pre-security concession with a term of seven years to commence with Board approval, with three one-year options to extend, and an initial minimum annual guarantee of $196,000. (Airport Commission) Resolution No. 306-16 ADOPTED by the following vote:

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

160503 [Contract Amendment - Helios Healthcare, LLC - Not to Exceed $14,635,152] Resolution approving a third amendment to the Department of Public Health contract with Helios Healthcare, LLC, for long-term mental health services in a 24-hour locked facility, to extend the contract by two years from July 1, 2011, through June 30, 2016, to July 1, 2011, through June 30, 2018, with a corresponding increase of $4,688,841 for a total amount not to exceed $14,635,152. (Public Health Department) (Fiscal Impact) Resolution No. 308-16 ADOPTED by the following vote:

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

160539 [Master License Agreement - New Cingular Wireless PCS, LLC, dba AT&T - Outdoor Distributed Antenna System Pole Installation] Resolution authorizing the General Manager of the San Francisco Public Utilities Commission to execute a Master License Agreement for Outdoor Distributed Antenna System Pole Installation between the City and County of San Francisco and New Cingular Wireless PCS, LLC, dba AT&T, for a term of 12 years to commence following Board approval. (Public Utilities Commission) Resolution No. 309-16 ADOPTED by the following vote:

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

Noes: Peskin

160540 [Real Property Acquisition - Easement from 2525 Marin LP - Kansas and Marin Streets Sewer System Improvement Project - $13,500] Resolution approving and authorizing the acquisition of one permanent access easement from 2525 Marin LP, a Delaware limited partnership, for $13,500 to be used by the City and County of San Francisco for the right to improve, inspect, maintain, repair, operate, and have access over, in, and upon a portion of the property located at 2525 Marin Street for the Kansas and Marin Streets Sewer System Improvement Project, Project No. CWWSIPCSSR03; adopting findings under the California Environmental Quality Act; adopting findings that the conveyance is consistent with the General Plan, and the eight priority policies of Planning Code, Section 101.1; and approving the Agreement and authorizing the Director of Property and/or the San Francisco Public Utilities Commission General Manager to execute documents, make certain modifications, and take certain actions in furtherance of this Resolution, as defined herein. (Public Utilities Commission) Resolution No. 310-16 ADOPTED by the following vote:

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

150582 [Initiative Ordinance - Business and Tax Regulations Code - Additional Utility Users Tax on Gas and Non-Renewable Electricity] Sponsor: Avalos Motion ordering submitted to the voters an ordinance amending the Business and Tax Regulations Code to impose an additional utility users tax on persons using electrical energy in the City equal to 2.5% of the charges incurred, subject to certain exemptions including an exemption for persons using electrical energy from certain renewable energy resources, and an additional utility users tax on persons using gas in the City equal to 2.5% of the charges incurred, subject to certain exemptions; and increasing the City’s appropriations limit by the amount of the additional tax for four years from November 8, 2016, at an election to be held on November 8, 2016. Supervisor Avalos, seconded by Supervisor Mar, moved that this Motion be CONTINUED to the Board of Supervisors meeting of July 26, 2016. The motion carried by the following vote:

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

160362 [Administrative Code - Collection of Sexual Orientation and Gender Identity Data] Sponsors: Wiener; Yee, Campos, Farrell and Cohen Ordinance amending the Administrative Code to require City departments and contractors that provide health care and social services to seek to collect and analyze data concerning the sexual orientation and gender identity of the clients they serve. Supervisors Campos, Farrell, and Cohen requested to be added as co-sponsors. Supervisor Wiener, seconded by Supervisor Campos, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 2, Line 2, by adding 'food security'; on Page 3, Line 8, by adding 'the Department of Homelessness and Supportive Housing', and Lines 12-13, by adding 'temporary shelter, transitional housing, supportive housing, permanent'. 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

160252 [Planning, Administrative Codes - Construction of Accessory Dwelling Units] Sponsors: Peskin; Farrell Ordinance amending the Planning Code to allow 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; amending the Administrative Code to revise the definition of “rental unit” as it applies to ADUs; 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; adopting findings under Planning Code, Section 302; and directing the Clerk to send a copy of this Ordinance to the California Department of Housing and Community Development after adoption. Privilege of the floor was granted unanimously to Jon Givner (Office of the City Attorney) who responded to questions raised throughout the discussion. Supervisor Farrell requested to be added as a co-sponsor. Supervisor Peskin, seconded by Supervisor Mar, requested this Ordinance be AMENDED, AMENDMENT OF THE WHOLE BEARING NEW TITLE. The motion carried by the following vote:

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

Supervisor Peskin, 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

Supervisor Peskin, seconded by Supervisor Farrell, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 5, Line 24, through Page 6, Line 11, by revising language regarding the definition of a 'built envelope'; on Page 6, Lines 21-22, by striking 'the minimum unit size of an Accessory Dwelling Unit'; on Page 6, Line 22, by replacing '350' with '550' and '300' with '500'; on Page 7, Line 13-21, by revising the applicability of the prohibition on subdivisions; on Page 9, Line 14, by adding a new 'Section 207(c)(4)(F)'; on Page 11, Line 3, by adding 'including imposing a rental increase pursuant to section 1954.53(d)'; on Page 12, Line 13, by adding a new 'Section 204(c)(5). Accessory Dwelling Units in RH-1(D) Zoning Districts.'; on Page 20, Line 2, by adding 'Nothing in this Section shall be interpreted as allowing for an existing non-conforming use to be deemed conforming'; and adding a new uncodified 'Section 9' of the Ordinance. The motion carried by the following vote:

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

Supervisor Peskin, seconded by Supervisor Farrell, 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

160599 [Interim Zoning Controls - Hotel Conversion Ordinance] Sponsors: Peskin; Kim and Cohen Resolution imposing interim zoning controls for an 18-month period for all Residential Hotels, requiring Conditional Use authorization for any application for a permit to convert Residential Hotel Units under Administrative Code, Chapter 41; and making environmental findings and findings of consistency with the General Plan, and with the eight priority policies of Planning Code, Section 101.1. Resolution No. 312-16 ADOPTED by the following vote:

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

160655 [Apply for Grants - California Department of Resources Recycling and Recovery Funds] Sponsor: Mayor Resolution authorizing the Department of the Environment to submit applications for all grants offered by the California Department of Resources Recycling and Recovery. (Environment) Resolution No. 324-16 ADOPTED by the following vote:

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

e vacated area by and between the City and Oceanwide Center, LLC; waiving approximately $27,000,000 of affordable housing fees under Planning Code, Sections 413 et seq. and 415 et seq., and requiring Oceanwide Center, LLC, as part of the agreement for the sale of real estate, to pay the equivalent fee amount to the aforementioned Fund; approving a vehicular and pedestrian easement and an overland water flow easement over a portion of Assessor's Parcel Block No. 3708, Lot No. 012, where Jessie Street will be rerouted; approving an emergency vehicle access easement and commercial vehicle access easement; accepting the Public Works Order concerning the street vacations; affirming the Planning Department’s determination under the California Environmental Quality Act; adopting findings that the street vacation and all other actions contemplated in this ordinance are consistent with the General Plan, and the eight priority policies of Planning Code, Section 101.1; making findings of public necessity, convenience, and general welfare under Planning Code, Section 302; and authorizing actions in furtherance of this Ordinance, as defined herein. PASSED ON FIRST READING by the following vote:

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

Noes: Peskin

160677 [Affirming the Categorical Exemption Determination - 3516-3526 Folsom Street] Motion affirming the determination by the Planning Department that a proposed project at 3516-3526 Folsom Street is categorically exempt from environmental review. (Clerk of the Board) Supervisor Yee, seconded by Supervisor Avalos, moved that this Motion be TABLED. The motion carried by the following vote:

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

Excused: Campos

160678 [Reversing the Categorical Exemption Determination - 3516-3526 Folsom Street] Motion reversing the determination by the Planning Department that a proposed project at 3516-3526 Folsom Street is categorically exempt from environmental review. (Clerk of the Board) Supervisor Yee, seconded by Supervisor Avalos, moved that this Motion be TABLED. The motion carried by the following vote:

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

Excused: Campos

160679 [Preparation of Findings to Reverse the Categorical Exemption Determination - 3516-3526 Folsom Street] Motion directing the Clerk of the Board to prepare findings reversing the determination by the Planning Department that a proposed project at 3516-3526 Folsom Street is categorically exempt from environmental review. (Clerk of the Board) Supervisor Yee, seconded by Supervisor Avalos, moved that this Motion be TABLED. The motion carried by the following vote:

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

Excused: Campos

160604 [Initiative Ordinance - Business and Tax Regulations Code - Increase Real Property Transfer Tax on Properties of At Least $5,000,000] Sponsors: Kim; Campos, Peskin, Mar, Avalos and 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. Motion No. M16-092 APPROVED by the following vote:

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

Noes: Farrell

160557 [General Obligation Bond Election - Amending Earthquake Loan Bond Program to Finance Permanent Affordable Housing - $350,000,000] Sponsors: Peskin; Breed Resolution determining and declaring that the public interest and necessity demand the acquisition, improvement and rehabilitation and conversion of “at-risk” multi-unit residential buildings to permanent affordable housing and performing needed seismic, fire, health, and safety upgrades, and other major rehabilitation for habitability, to be financed through bonded indebtedness in an amount not to exceed $350,000,000; providing for the levy and collection of taxes to pay both principal and interest on such bonds; setting certain procedures and requirements for the election; adopting findings under the California Environmental Quality Act; and finding that the proposed bond is in conformity with the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Fiscal Impact) Supervisor Breed requested to be added as a co-sponsor. Resolution No. 311-16 ADOPTED by the following vote:

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

to incur general obligation bonded indebtedness (Bonds) for the purpose of making amendments to the Affordable Housing Loan Program (as defined herein) and the Market Rate Loan Program (as defined) for the additional purposes of providing loans to finance the costs to acquire, improve, and rehabilitate and to convert at-risk multi-unit residential buildings to permanent affordable housing, performing needed seismic, fire, health, and safety upgrades and other major rehabilitation for habitability, and related costs necessary or convenient for the foregoing purposes; providing for the levy and collection of taxes to pay both principal and interest on such Bonds; incorporating the provisions of the Administrative Code relating to the Citizens’ General Obligation Bond Oversight Committee’s review of the Bonds; setting certain procedures and requirements for the election; adopting findings under the California Environmental Quality Act; and finding that the proposed Bonds are in conformity with the General Plan, and with the eight priority policies of Planning Code, Section 101.1(b). 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

160670 [Initiative Ordinance - Business and Tax Regulations Code - Half-Cent Sales Tax Increase for Transportation] Sponsors: Wiener; Avalos Ordinance amending the Business and Tax Regulations Code to impose a transactions (sales) and use tax at the rate of one-half of one percent (0.5%) for 25 years, to be imposed by the San Francisco County Transportation Authority and administered by the State Board of Equalization; adopt the San Francisco Transportation Expenditure Plan; designate the Transportation Authority as the independent agency to oversee implementation of the San Francisco Transportation Expenditure Plan; authorize the issuance of bonds or other obligations to finance the projects identified in the Expenditure Plan; and establish an appropriations limit; and directing submission of the tax for voter approval at the November 8, 2016 general municipal election. Supervisor Wiener, seconded by Supervisor Peskin, 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

or In-Law Units) on all lots in the City in areas that allow residential use; amending the Administrative Code to revise the definition of “rental unit” as it applies to ADUs; 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; adopting findings of public necessity, convenience, and welfare under Planning Code, Section 302; and directing the Clerk to send a copy of this ordinance to the California Department of Housing and Community Development after adoption. Privilege of the floor was granted unanimously to Jon Givner (Office of the City Attorney) who responded to questions raised throughout the discussion. Supervisor Farrell, seconded by Supervisor Peskin, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 6, Lines 20-21, by striking '(vii) Accessory Dwelling Units shall have a minimum unit size of 350 square feet for studio units and 550 square feet for one-bedroom units.'; and by adding a new uncodified 'Section 9' to the Ordinance. 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

Noes: Yee

160592 [Administrative Code - Lactation in the Workplace Policy] Sponsors: Tang; Cohen, Kim, Wiener, Yee, Mar, Farrell, Peskin, Breed, Campos and Avalos Ordinance amending the Administrative Code to require the Department of Human Resources to develop a Lactation in the Workplace Policy for all City departments. PASSED, ON FIRST READING by the following vote:

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

160587 [Charter Amendment - Non-Citizen Voting in School Board Elections] Sponsors: Mar; Campos, Cohen, Wiener and Kim Charter Amendment (First Draft) to amend the Charter of the City and County of San Francisco to authorize San Francisco residents who are not United States citizens but who are the parents, legal guardians, or caregivers of a child residing in San Francisco to vote in elections for the Board of Education, at an election to be held on November 8, 2016. Supervisor Mar, seconded by Supervisor Campos, moved that this Charter Amendment be CONTINUED to the Board of Supervisors meeting of July 26, 2016. The motion carried by the following vote:

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

ration of City programs, including programs for transmitting information to the public, and to receive, investigate, and attempt to resolve complaints regarding City services and programs; 4) authorize the Public Advocate to receive and investigate specified whistleblower complaints; 5) provide for the Public Advocate’s election, removal, and salary; and, 6) set City policy regarding sufficient funding and minimum staffing for the Office of the Public Advocate; and setting an operative date, at an election to be held on November 8, 2016. Privilege of the floor was granted unanimously to Jon Givner (Office of the City Attorney) who responded to questions raised throughout the discussion. Supervisor Campos, seconded by Supervisor Yee, moved that this Charter Amendment be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, by eliminating the prohibition on persons who have served in an elected position in the last four years to hold the office of Public Advocate; and by changing the appointment authority for a nominee of the Police Commission to serve as the Director of the Office of Citizen Complaints from the Mayor to the Public Advocate. The motion carried by the following vote:

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

Supervisor Wiener, 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

Supervisor Campos, seconded by Supervisor Yee, moved that this Charter Amendment be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, by eliminating the prohibition on persons who have served in an elected position in the last four years to hold the office of Public Advocate; and by changing the appointment authority for a nominee of the Police Commission to serve as the Director of the Office of Citizen Complaints from the Mayor to the Public Advocate. The motion carried by the following vote:

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

Noes: Breed, Cohen, Farrell, Tang, Wiener

Supervisor Kim requested revisions to the amendments provided by Supervisor Avalos on Page 23, Line 4, by adding language that, until such time an election is held to appoint the Public Advocate, the Director of Public Advocate shall be a nominee of the Mayor from the Police Commission and subject to Board of Supervisors approval, and on Line 8, by striking ‘Mayor’ after 'until the' and adding 'Public Advocate'. Supervisor Avalos accepted those suggested revisions into his proposed amendment. Supervisor Avalos, seconded by Supervisor Mar, moved that this Charter Amendment be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE, by adding the creation of the Department of Police Accountability into this Charter Amendment and re-name the Office of Citizen Complaints as the Department of Police Accountability. The motion carried by the following vote:

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

Noes: Breed, Cohen, Farrell, Tang, Wiener

programs, including programs for transmitting information to the public, and to receive, investigate, and attempt to resolve complaints regarding City services and programs; 4) authorize the Public Advocate to receive and investigate specified whistleblower complaints; 5) provide for the Public Advocate’s election, removal, and salary; 6) set City policy regarding sufficient funding and minimum staffing for the Office of the Public Advocate; 7) re-name the Office of Citizen Complaints (OCC) as the Department of the Police Accountability (DPA); 8) authorize the Public Advocate to appoint the director of DPA; 9) give DPA direct authority over its proposed budget; and 10) 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; and setting an operative date, at an election to be held on November 8, 2016. Supervisor Campos, seconded by Supervisor Farrell, moved that this Charter Amendment be CONTINUED AS AMENDED to the Board of Supervisors meeting of July 26, 2016, and for the Board to convene as a Committee of the Whole to consider this Charter Amendment. The motion carried by the following vote:

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

160781 [Charter Amendment - Public Advocate] Sponsors: Campos; Avalos, Kim and Mar Charter Amendment (Second Draft) to amend the Charter of the City and County of San Francisco to: 1) create the Office of the Public Advocate; 2) set the Public Advocate’s powers and duties; 3) authorize the Public Advocate to review the administration of City programs, including programs for transmitting information to the public, and to receive, investigate, and attempt to resolve complaints regarding City services and programs; 4) authorize the Public Advocate to receive and investigate specified whistleblower complaints; 5) provide for the Public Advocate’s election, removal, and salary; and, 6) set City policy regarding sufficient funding and minimum staffing for the Office of the Public Advocate; and setting an operative date, at an election to be held on November 8, 2016. Privilege of the floor was granted unanimously to Jon Givner (Office of the City Attorney) who responded to questions raised throughout the discussion. Supervisor Campos, seconded by Supervisor Mar, moved that this Charter Amendment be TABLED. The motion carried by the following vote:

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

160669 [Campaign and Governmental Conduct Code - Prohibiting Candidate-Controlled General Purpose Committees] Sponsors: Peskin; Mar Ordinance amending the Campaign and Governmental Conduct Code to prohibit City elected officials from establishing candidate-controlled general purpose committees. PASSED ON FIRST READING by the following vote:

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

160699 [Initiative Ordinance - Campaign and Governmental Conduct Code - Prohibiting Candidate-Controlled General Purpose Committees] Sponsors: Peskin; Mar Motion ordering submitted to the voters an Ordinance amending the Campaign and Government Conduct Code to prohibit City elected officials from establishing candidate-controlled general purpose committees, at an election to be held on November 8, 2016. Supervisor Peskin, seconded by Supervisor Avalos, moved that this Motion be CONTINUED to the Board of Supervisors meeting of July 26, 2016. The motion carried by the following vote:

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

velopments; to require the Commission to adopt rules creating competitive selection processes for the Department of Housing and Community Development’s expenditure of affordable housing funds and for the development of affordable housing on City-owned property under the jurisdiction of the Department of Housing and Community Development; and to provide that ordinances regarding inclusionary housing requirements and rules regarding competitive selection for affordable housing adopted under the processes set forth in the Charter may supersede ordinances and rules adopted by the Board of Supervisors or the voters prior to March 1, 2017, at an election to be held on November 8, 2016. (7/14/16 - Duplicated by Supervisor Mar from File No. 160588.) Privilege of the floor was granted unanimously to Todd Rufo, Director (Office of Economic and Workforce Development), and Olson Lee, Director (Mayor's Office of Housing and Community Development), who responded to questions raised throughout the discussion. Supervisor Tang, seconded by Supervisor Wiener, moved that this Charter Amendment be CONTINUED to the Board of Supervisors meeting of July 26, 2016. The motion carried by the following vote:

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

160809 [Closed Session - Existing Litigation - David Zeller - July 19, 2016] Closed Session for the Board of Supervisors to convene on July 19, 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. M16-095 (File No. 160804), Supervisor Cohen, seconded by Supervisor Yee, 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

Shortly after convening in closed session, President Breed reconvened in open session to take additional General Public Comment. Although it was not required, Supervisor Tang, 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. M16-095 (File No. 160804). The following Supervisors were noted present: Supervisors Avalos, Breed, Campos, Cohen, Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee Persons in attendance: Jon Givner, Cheryl Adams, and Mark Lipton (Office of the City Attorney); and 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 9:14 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 603 Printed at 10:04 am on 10/26/16 Board of Supervisors Meeting Minutes 7/19/2016 [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 Farrell, seconded by Supervisor Campos, 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) NOT PASSED ON FIRST READING by the following vote:

Ayes: Campos, Farrell, Kim, Wiener

Noes: Avalos, Breed, Cohen, Mar, Peskin, Tang, Yee

Supervisor Kim, seconded by Supervisor Campos, moved to rescind the previous vote. The motion carried by the following vote:

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

NOT PASSED ON FIRST READING by the following vote:

Ayes: Campos, Farrell, Wiener

Noes: Avalos, Breed, Cohen, Kim, Mar, Peskin, Tang, Yee

160804 [Closed Session - Existing Litigation - David Zeller] Motion that the Board of Supervisors convene in closed session on July 19, 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. M16-095 APPROVED The foregoing items were acted upon 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 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 Mar, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE. 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 regulations of Transportation Network Companies that comply with San Francisco’s 2014 Fair Chance Ordinance, 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 Mar, moved that this Resolution be CONTINUED AS AMENDED to the Board of Supervisors meeting of July 26, 2016. The motion carried by the following vote:

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