Board of Supervisors Minutes: July 26, 2016

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. Ordinance No. 160-16 FINALLY PASSED The foregoing items were acted upon by the following vote:

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

160628 [Budget and Appropriation 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) Ordinance No. 145-16 FINALLY PASSED 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) Ordinance No. 146-16 FINALLY PASSED by the following vote:

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

Noes: Peskin

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) Ordinance No. 147-16 FINALLY PASSED 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) Ordinance No. 148-16 FINALLY PASSED 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) Ordinance No. 149-16 FINALLY PASSED 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) Ordinance No. 150-16 FINALLY PASSED 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) Ordinance No. 151-16 FINALLY PASSED 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) Ordinance No. 152-16 FINALLY PASSED by the following vote:

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

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) Ordinance No. 153-16 FINALLY PASSED 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) Ordinance No. 154-16 FINALLY PASSED 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) Ordinance No. 156-16 FINALLY PASSED by the following vote:

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

pproved November 1992) to authorize the City 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). Ordinance No. 136-16 FINALLY PASSED by the following vote:

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

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. Ordinance No. 155-16 FINALLY PASSED by the following vote:

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

Noes: Kim, Peskin, 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. Ordinance No. 159-16 FINALLY PASSED by the following vote:

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

ea 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. Ordinance No. 137-16 FINALLY PASSED by the following vote:

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

Noes: Peskin

160657 [Planning, Administrative Code - Construction of Accessory Dwelling Units] Sponsors: Farrell; Wiener, Peskin and Mar 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 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. Supervisor Mar requested to be added as a co-sponsor. FINALLY PASSED by the following vote:

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

Noes: Yee

Absent: Cohen

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

Ordinance No. 162-16 FINALLY PASSED by the following vote:

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

Noes: 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. Supervisor Mar requested to be added as a co-sponsor. Ordinance No. 157-16 FINALLY PASSED 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 Mar requested to be added as a co-sponsor. Supervisor Peskin, seconded by Supervisor Tang, moved that this Motion be TABLED. The motion carried by the following vote:

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

o 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 Avalos, moved that this Charter Amendment be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE, by striking the special parcel tax on property owners to pay for the maintenance of street trees, establishing the Street Tree Maintenance Fund to pay for the maintenance and require an annual contribution of $19,000,000 to the Fund by the City, and provide the Mayor the authority to cancel the measure by January 1, 2017, based on the health of the City's budget. The motion carried by the following vote:

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

Charter Amendment (Fourth 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, establish the Street Tree Maintenance Fund primarily to pay for such maintenance and the maintenance of trees on San Francisco Unified School District property, and require an annual contribution by the City to the Fund of $19 million, adjusted annually for changes in aggregate discretionary City revenues; and to affirm the Planning Department’s determination under the California Environmental Quality Act, at an election to be held on November 8, 2016. Supervisor Wiener, seconded by Supervisor Avalos, moved that this Charter Amendment be CONTINUED AS AMENDED to the Board of Supervisors Special Meeting of July 28, 2016, at 8:30 a.m., 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

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 TABLED. The motion carried 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 RE-REFERRED to the Budget and Finance Committee. The motion carried 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. ORDERED SUBMITTED by the following vote:

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

Noes: Farrell

160813 [Charter Amendment - Affordable Housing and Community Development Hearings and Reports] Sponsors: Peskin; Kim and Mar Charter Amendment (Third Draft) to amend the Charter of the City and County of San Francisco, to require the Office of Economic and Workforce Development (OEWD) and the Mayor’s Office of Housing and Community Development (MOHCD) to propose five-year strategic plans for consideration and approval by the Board of Supervisors; to require OEWD and MOHCD to report to the Board of Supervisors regarding their annual work plans at least two times each fiscal year; and to provide that ordinances adopted under the processes set forth in the Charter regarding inclusionary housing requirements and regarding competitive selection for the expenditure of affordable housing funds and for the development of affordable housing on City-owned property under the jurisdiction of MOHCD shall 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. NOT ORDERED SUBMITTED by the following vote:

Ayes: Farrell, Tang, Wiener

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

Department of Economic and Workforce Development and the Department of Housing and Community Development; to require the Commission to review and make recommendations regarding proposed development agreements and conveyance of certain surplus City property before the Board of Supervisors considers such proposals; to require the Commission to hold hearings and make recommendations regarding proposals to adopt or change inclusionary housing requirements for housing developments; 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. ORDERED SUBMITTED by the following vote:

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

Noes: Breed, Cohen, Farrell, Tang, Wiener

160747 [Administrative Code - Health Service System Plans and Contribution Rates for Calendar Year 2017] Sponsor: Farrell Ordinance approving Health Service System plans and contribution rates for calendar year 2017, and amending the Administrative Code to remove those rates from the Code. (Health Service System) (Fiscal Impact) PASSED ON FIRST READING by the following vote:

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

Absent: Mar

160671 [Apply for and Accept and Expend Grant - Delegation of San Francisco Municipal Transportation Agency as Co-Applicant for Grant - Assumption of Liability - Affordable Housing and Sustainable Communities Program - 480 Eddy Street Project] Sponsor: Mayor Resolution authorizing the San Francisco Municipal Transportation Agency (SFMTA), on behalf of the City and County of San Francisco, to execute a grant application, grant agreement, and related documents under the State of California’s Affordable Housing and Sustainable Communities Program (AHSC Program) as a joint applicant with the Tenderloin Neighborhood Development Corporation for the project at 480 Eddy Street; authorizing the City to assume any joint and several liability for completion of the project required by the terms of any grant awarded under the AHSC Program; and adopting findings under the California Environmental Quality Act (CEQA), the CEQA Guidelines, and Administrative Code, Chapter 31. (Mayor’s Office of Housing and Community Development) Resolution No. 287-16 ADOPTED by the following vote:

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

Absent: Mar

160672 [Apply for and Accept and Expend - Delegation of San Francisco Municipal Transportation Agency as Co-Applicant for Grant - Assumption of Liability - Affordable Housing and Sustainable Communities Program - 455 Fell Street Project] Sponsors: Mayor; Breed Resolution authorizing the San Francisco Municipal Transportation Agency (SFMTA), on behalf of the City and County of San Francisco, to execute a grant application, grant agreement, and related documents under the State of California’s Affordable Housing and Sustainable Communities Program (AHSC Program) as a joint applicant with Mercy Housing, Inc., for the project at 455 Fell Street; authorizing the City to assume any joint and several liability for completion of the project required by the terms of any grant awarded under the AHSC Program; and adopting findings under the California Environmental Quality Act (CEQA), the CEQA Guidelines, and Administrative Code, Chapter 31. (Mayor’s Office of Housing and Community Development) Resolution No. 289-16 ADOPTED by the following vote:

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

Absent: Mar

160711 [Real Property Lease Amendment - Orchard Supply Company, LLC - San Francisco Utilities Commission Parcel No. 29 in Millbrae, CA - $460,673] Resolution authorizing the amendment of Orchard Supply Company, LLC’s lease of property from the City and County of San Francisco, to reduce the size of the leased premises to accommodate the San Francisco Public Utilities Commission (SFPUC) Regional Groundwater Storage and Recovery Project, Project No. CUW30103, in consideration of City’s payment of $460,673; adopting environmental findings under the California Environmental Quality Act (CEQA), CEQA Guidelines, and Administrative Code, Chapter 31; adopting findings of consistency with the General Plan, and eight priority policies of Planning Code, Section 101.1; and authorizing the Director of Property and/or the SFPUC General Manager to execute documents, make certain modifications, and take certain actions in furtherance of this Resolution. (Public Utilities Commission) (Fiscal Impact) Resolution No. 329-16 ADOPTED by the following vote:

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

Absent: Mar

160712 [Contract Agreement - Newcomb Anderson McCormick - Professional Services Related to Energy and Climate Programs - Not to Exceed $44,000,000] Resolution approving an agreement with Newcomb Anderson McCormick for professional services related to energy and climate programs, for a five year term to commence following Board approval through June 1, 2021, at a total cost not to exceed $44,000,000. (Environment) (Fiscal Impact) Resolution No. 330-16 ADOPTED by the following vote:

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

Absent: Mar

160720 [California Environmental Quality Act Findings - San Francisco Westside Recycled Water Project] Sponsor: Wiener Resolution adopting findings under the California Environmental Quality Act, including the adoption of a mitigation monitoring and reporting program and a statement of overriding considerations related to the San Francisco Westside Recycled Water Project; and directing the Clerk of the Board of Supervisors to notify the Controller of this action. Resolution No. 331-16 ADOPTED by the following vote:

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

Absent: Mar

160721 [Approval of Recycled Water Pump Station and Two Groundwater Well Stations in Golden Gate Park] Sponsor: Wiener Resolution approving construction of a recycled water pump station building, and two groundwater well station buildings in Golden Gate Park under Charter, Section 4.113, as part of the San Francisco Westside Recycled Water and San Francisco Groundwater Supply Projects. Resolution No. 332-16 ADOPTED by the following vote:

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

Absent: Mar

160741 [Contract Agreement - FSP PPM Management, LLC - Curbside Management Program - Not to Exceed $19,522,294] Resolution retroactively approving the award of Professional Services Agreement, Airport Contract No. 50085, to FSP PPM Management, LLC, to manage and staff the Curbside Management Program in an amount not-to-exceed $19,522,294 for a period of four years beginning July 1, 2016, through June 30, 2020, with one one-year renewal option, pursuant to Charter, Section 9.118(b). (Airport Commission) (Fiscal Impact) Resolution No. 333-16 ADOPTED by the following vote:

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

Absent: Mar

160742 [Airport Professional Services Agreement Modification - Polaris Research and Development, Inc. - Information Booth Program - $10,795,274] Resolution retroactively approving Modification No. 6, executed on July 1, 2016, to Professional Services Agreement, Airport Contract No. 9075 to operate the Airport’s Information Booth Program between Polaris Research and Development, Inc., and the City and County of San Francisco, acting by and through its Airport Commission, in an amount not to exceed $10,795,274 for the term of June 30, 2011, through December 31, 2016, pursuant to Charter, Section 9.118(b). (Airport Commission) (Fiscal Impact) Resolution No. 334-16 ADOPTED by the following vote:

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

Absent: Mar

160743 [Real Property Lease Amendment - Mission Valley Rock, Co. - Sunol, California - $29,700] Resolution authorizing the amendment of Mission Valley Rock, Co.'s lease of property from the City and County of San Francisco, to reduce the size of the leased premises to accommodate the San Francisco Public Utilities Commission (SFPUC) Sunol Long Term Improvements Project, Project No. CUW27701, in consideration of City's payment of $29,700 and reimbursement of certain expenses; adopting environmental findings under the California Environmental Quality Act (CEQA), CEQA Guidelines, and Administrative Code, Chapter 31; and authorizing the Director of Property and/or the SFPUC General Manager to execute documents, make certain modifications, and take certain actions in furtherance of this Resolution. (Public Utilities Commission) Resolution No. 335-16 ADOPTED by the following vote:

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

Absent: Mar

160752 [Agreement - SPX Genfare - Procurement, Installation, and Maintenance of a Transit Vehicle Farebox System - Not to Exceed $29,264,755] Sponsor: Breed Resolution approving the agreement with SPX Genfare, for services related to the procurement, installation, and maintenance of a Transit Vehicle Farebox System, which includes fareboxes, a Revenue Transfer and Collection System, a Data Collection and Reporting System, Computer Aided Dispatch/Automatic Vehicle Location System Integration, and five years of warranty and preventative maintenance services, in an amount not to exceed $29,264,755 and for an initial term that includes an installation period plus five years commencing August 1, 2016, or later, with the option to extend for up to two five-year terms for a total term not to exceed 16 years. (Municipal Transportation Agency) (Fiscal Impact) Resolution No. 336-16 ADOPTED by the following vote:

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

Absent: Mar

151122 [Administrative Code - Preferences in Affordable Housing Programs] Sponsors: Mayor; Cohen, Breed, Wiener, Farrell and Campos Ordinance amending the Administrative Code to create a fourth preference for people who live or work in San Francisco, in addition to existing preferences in allocating City affordable housing units, and to create an additional category of eligible displaced tenants that includes tenants displaced by fire; 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 Campos requested to be added as a co-sponsor. PASSED ON FIRST READING by the following vote:

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

Absent: Mar

Planning Code to 1) define Wireless Telecommunications Services (WTS) Facilities; 2) create distinct WTS Facility land use controls and, among other things, require a conditional use authorization (CU) for Macro WTS Facilities in most Article 2, 7, and 8 Districts; 3) regulate Micro WTS Facilities in all Districts; 4) require that a WTS Facility’s CU shall expire after ten years; 5) regulate WTS Facilities in certain Mission Bay Districts and P Districts; 6) exempt certain telecommunications equipment accessory uses from height limitations; 7) allow screening elements for WTS Facilities to exceed height limits, consistent with existing height limit exemptions for antennas; 8) define and regulate Temporary WTS Facilities; 9) allow the Historic Preservation Commission to delegate determinations on applications for Administrative Certificates of Appropriateness and Minor Permits to Alter to Planning Department staff; and affirming the Planning Department’s determination under the California Environmental Quality Act, and making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. PASSED ON FIRST READING by the following vote:

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

Absent: Mar

160590 [Public Works Code - Street Space Occupancy Permits] Sponsor: Farrell Ordinance amending the Public Works Code to place additional limits on the duration of street space occupancy permits, and to limit the number of such permits including permit extensions that can be issued at the same address during a three-year period in Residential, Urban Mixed-Use, and Neighborhood Commercial Districts, and precluding the issuance of such permits at the same address for two years after that three-year period; and affirming the Planning Department’s determination under the California Environmental Quality Act. PASSED ON FIRST READING by the following vote:

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

Absent: Mar

160621 [Street Encroachment - Operator Convenience Facilities - Terminus of Muni Transit Lines] Resolution granting revocable permission to the Municipal Transportation Agency to occupy portions of the public right-of-way to install and maintain three new operator convenience facilities at the terminus of various Muni bus routes; affirming the Planning Department’s determination under the California Environmental Quality Act; and making a finding of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Public Works) Resolution No. 328-16 ADOPTED by the following vote:

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

Absent: Mar

150792 [Fire Code - Disclosure of Fire Safety Information] Sponsors: Tang; Mar and Campos Ordinance amending the San Francisco Fire Code to require building owners and homeowners’ associations to provide fire safety information to residents in buildings with three or more dwelling units, and annual fire safety information and training to residents in buildings with 16 or more units; making findings as to local conditions pursuant to the California Health and Safety Code; and directing the Clerk of the Board of Supervisors to transmit the Ordinance to appropriate State officials. Supervisors Mar and Campos requested to be added as co-sponsors. Supervisor Tang, seconded by Supervisor Campos, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 6, Lines 10-12, by adding '(e) It is recommended that residents test the smoke alarms and carbon monoxide detectors in their dwelling units on a monthly basis, and immediately report any problems or needed repairs to the building owner.' 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

160249 [Liquor License Transfer - 65 Post Street] Resolution determining that the transfer of a Type 48 on-sale general public premises license from 86-2nd Street to 65 Post Street (District 3) to M&M Group Assets, Inc. dba Dada Bar and Lounge, 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. 325-16 ADOPTED by the following vote:

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

Absent: Mar

160251 [Liquor License - 2836 Franklin Street] Resolution determining that the issuance of a Type 21 off-sale general license to Najib Saliba and Hanan Saliba dba Franklin Market located at 2836 Franklin Street (District 2), 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. 326-16 ADOPTED by the following vote:

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

Absent: Mar

160736 [Confirming Reappointment, Board of Appeals - Darryl Honda] Sponsor: Mayor Motion confirming the mayoral reappointment of Darryl Honda to the Board of Appeals, for a term ending July 1, 2020. (Charter, Section 4.106, provides that this nomination is subject to approval by the Board of Supervisors and shall be the subject of a public hearing and vote within 60 days from the date the nomination is transmitted to the Clerk of the Board. If the Board fails to act on the nomination within 60 days from the date the nomination is transmitted to the Clerk, then the nominee shall be deemed approved. Transmittal date: June 23, 2016.) Motion No. M16-098 APPROVED by the following vote:

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

Absent: Mar

160737 [Confirming Appointment, Board of Appeals - Frank Fung] Sponsor: Mayor Motion confirming the mayoral appointment of Frank Fung to the Board of Appeals, for a term ending July 1, 2020. (Charter, Section 4.106, provides that this nomination is subject to approval by the Board of Supervisors and shall be the subject of a public hearing and vote within 60 days from the date the nomination is transmitted to the Clerk of the Board. If the Board fails to act on the nomination within 60 days from the date the nomination is transmitted to the Clerk, then the nominee shall be deemed approved. Transmittal date: June 23, 2016.) Motion No. M16-099 APPROVED by the following vote:

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

Absent: Mar

160782 [Confirming Reappointment, Planning Commission - Richard Hillis] Sponsor: Mayor Motion confirming the mayoral reappointment of Richard Hillis to the Planning Commission, term ending June 30, 2020. (Charter, Section 4.105, provides that this nomination is subject to approval by the Board of Supervisors and shall be the subject of a public hearing and vote within 60 days from the date the nomination is transmitted to the Clerk of the Board. If the Board fails to act on the nomination within 60 days from the date the nomination is transmitted to the Clerk, then the nominee shall be deemed approved. Transmittal date: July 7, 2016.) Motion No. M16-100 APPROVED by the following vote:

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

Absent: Mar

160783 [Reappointment, Board of Appeals - Richard Swig] Motion approving the President of the Board of Supervisors London Breed's nomination of Richard Swig for appointment to the Board of Appeals, for a term ending July 1, 2020. (Clerk of the Board) Motion No. M16-101 APPROVED by the following vote:

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

Absent: Mar

f the Planning Department. Susan Eslick; Sherry Scott; Female Speaker; Keith Goldstein; Stephanie Muller; Ron Miguel; Jim Gaskett; Vanessa Aquino; Lester Zagan; Dave Glober; Kay Grubert; Corrine Woods; Joe Boss; Janet Carpanelli; Peter Garza; spoke in support of the project and in opposition to the appeal. Jon Givner (Office of the City Attorney) provided additional information and responded to questions raised throughout the discussion. Allison Heath, on behalf of Grow Potrero Responsibly and Save the Hill (Appellant), provided a rebuttal and further requested the Board to approve the appeal. There were no other speakers. The President declared the public hearing closed. HEARD AND FILED Supervisor Cohen Excused from Voting Privilege of the floor was granted unanimously to Jon Givner (Office of the City Attorney) who responded to questions raised throughout the discussion. On the advice of the City Attorney, Supervisor Cohen requested to be excused from voting on File Nos. 160684, 160685, and 160686. Supervisor Farrell, seconded by Supervisor Campos, moved that Supervisor Cohen be excused from voting on File Nos. 160684, 160685, and 160686. The motion carried by the following vote:

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

Noes: Peskin, Yee

Excused: Cohen

160684 [Affirming Final Environmental Impact Report Certification - 901-16th Street and 1200-17th Street Project] Motion affirming the Planning Commission’s certification of the Final Environmental Impact Report prepared for the proposed project located at 901-16th Street and 1200-17th Street. (Clerk of the Board) Motion No. M16-097 Supervisor Farrell, seconded by Supervisor Tang, moved that this Motion be APPROVED. The motion carried by the following vote:

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

Noes: Peskin

Excused: Cohen

160685 [Reversing Final Environmental Impact Report Certification - 901-16th Street and 1200-17th Street Project] Motion reversing the Planning Commission’s certification of the Final Environmental Impact Report prepared for the proposed project located at 901-16th Street and 1200-17th Street. (Clerk of the Board) Supervisor Farrell, seconded by Supervisor Tang, moved that this Motion be TABLED. The motion carried by the following vote:

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

Noes: Peskin

Excused: Cohen

160686 [Preparation of Findings to Reverse the Final Environmental Impact Report Certification - 901-16th Street and 1200-17th Street Project] Motion directing the Clerk of the Board to prepare findings related to reversing the Planning Commission’s certification of the Final Environmental Impact Report for the proposed project located at 901-16th Street and 1200-17th Street. (Clerk of the Board) Supervisor Farrell, seconded by Supervisor Tang, moved that this Motion be TABLED. The motion carried by the following vote:

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

Noes: Peskin

Excused: Cohen

nd 1A-G, submitted by the Director of the Department of Building Inspection for services rendered by said Department of costs thereof having accrued pursuant to code violations referenced above; scheduled pursuant to Motion No. M16-088, approved on June 28, 2016. (Clerk of the Board) President Breed opened the public hearing and inquired as to whether any member of the public wished to address the Board relating to the assessments for Building Code enforcement violations referenced in File No. 160716. Alan Davison (Department of Building Inspection) provided an overview of the assessments. Joel Elliott; John Wong; Male Speaker; Kathy; spoke objecting to the proposed assessments. Alan Davison (Department of Building Inspection) responded to questions raised throughout the discussion. There were no other speakers. The President declared public comment closed, adjourned as the Committee of the Whole, and reconvened as the Board of Supervisors. HEARD AND FILED President Breed reopened the hearing to allow additional property owners to address the Board. Supervisor Breed, seconded by Supervisor Yee, moved to rescind the vote to file the hearing. The motion carried by the following vote:

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

Absent: Avalos, Mar

Excused: Farrell

Supervisor Yee, seconded by Supervisor Campos, moved that this Hearing be CONTINUED OPEN to the Board of Supervisors meeting of August 2, 2016. The motion carried by the following vote:

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

Absent: Avalos, Mar

Excused: Farrell

160716 [Report of Assessment Costs - Building Code Enforcement Violations] Resolution approving Report of Delinquent Charges for Assessment Costs submitted by the Director of the Department of Building Inspection for delinquent charges for code enforcement violations and associated fees pursuant to Building Code, Sections 102A.3, 102A.4, 102A.6 102A.12, 102A.16, 102A.17, 102A.18, 102A.19, 102A.20 et seq., 103A.3.3, 108A, and 110A - Tables 1A-K and 1A-G, the costs thereof having accrued pursuant to code enforcement violations. (Building Inspection Department) Alan Davison (Department of Building Inspection) indicated that the following addresses be removed from the accompanying report due to recent resolution or receipt of payment: 3732-3734 Judah Street; 19 Rutledge Street; 157 Saint Charles Avenue; 824 Waller Street; and 1342 York Street. Supervisor Peskin, seconded by Supervisor Campos, moved to approve the amendments to the accompanying report, as provided by the Department of Building Inspection, included in File No. 160716. The motion carried by the following vote:

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

ADOPTED, after accepting the amendments to the accompanying report, by the following vote:

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

Supervisor Breed, seconded by Supervisor Yee, moved to rescind the vote to adopt the Resolution. The motion carried by the following vote:

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

Absent: Avalos, Mar

Excused: Farrell

Supervisor Yee, seconded by Supervisor Campos, moved that this Resolution, with the approved amendments to the accompanying report, be CONTINUED to the Board of Supervisors meeting of August 2, 2016. The motion carried by the following vote:

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

Absent: Avalos, Mar

Excused: Farrell

garding 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 Mar, moved that this Charter Amendment be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE, by striking all language related to the Department of Police Accountability; and by changing the appointment authority for the Director of the Department of Police Accountability to the Public Advocate, subject to confirmation by the Board of Supervisors. The motion carried by the following vote:

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

Charter Amendment (Fourth 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) authorize the Public Advocate to appoint the Director of the Office of Citizen Complaints; 6) provide for the Public Advocate’s election, removal, and salary; and 7) set City policy regarding sufficient funding and minimum staffing for the Office of the Public Advocate; and setting operative dates, at an election to be held on November 8, 2016. Supervisor Campos, seconded by Supervisor Mar, moved that this Charter Amendment be CONTINUED AS AMENDED to the Board of Supervisors Special Meeting of July 28, 2016, at 8:40 a.m., 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

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. Privilege of the floor was granted unanimously to Jon Givner (Office of the City Attorney) who responded to questions raised throughout the discussion. Supervisor Cohen, seconded by Supervisor Campos, moved that this Charter Amendment be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, by changing the appointment authority for the Director of the Department of Police Accountability to the Public Advocate, subject to confirmation by the Board of Supervisors. The motion carried by the following vote:

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

Charter Amendment (Third 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 Campos, moved that this Charter Amendment be CONTINUED AS AMENDED to the Board of Supervisors Special Meeting of July 28, 2016, at 8:40 a.m., 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

ment Houses damaged by fire to submit an Action Plan to the City within 30 days of the fire, require re-inspection(s) of the premises by the Department of Building Inspection after a fire that has resulted in the displacement of residential occupants, and requiring owners of buildings in Group R occupancies with six or more units to install fire blocks in open accessible attics when performing $50,000 or more of construction work; affirming the Planning Department’s determination under the California Environmental Quality Act; making findings under the California Health and Safety Code; and directing the Clerk of the Board of Supervisors to forward this ordinance to the California Building Standards Commission upon final passage as required by State law. (Fiscal Impact) Supervisors Cohen and Mar requested to be added as co-sponsors. Supervisor Campos, seconded by Supervisor Avalos, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 10, Lines 7-8, by adding 'Exception. This requirement shall not apply to mandatory seismic strengthening alterations being performed pursuant to Chapter 34B of this Code.' The motion carried by the following vote:

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

Absent: Mar

tatement of compliance with annual fire alarm testing and inspection requirements every two years; amending the Fire Code and Building Code to require building owners to upgrade existing fire alarm systems by July 1, 2021, or upon completion of $50,000 or more of construction work, whichever occurs earlier; amending the Building Code to require owners of Apartment Houses damaged by fire to submit an Action Plan to the City within 30 days of the fire, require re-inspection(s) of the premises by the Department of Building Inspection after a fire that has resulted in the displacement of residential occupants, and requiring owners of buildings in Group R occupancies with six or more units to install fire blocks in open accessible attics when performing $50,000 or more of construction work; affirming the Planning Department’s determination under the California Environmental Quality Act; making findings under the California Health and Safety Code; and directing the Clerk of the Board of Supervisors to forward this ordinance to the California Building Standards Commission upon final passage as required by State law. (Fiscal Impact) PASSED ON FIRST READING AS AMENDED by the following vote:

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

Absent: Mar

160703 [Settlement of Lawsuit - Muaadh Alawadhi and Suad Mahyoub - $156,250] Ordinance authorizing settlement of the lawsuit filed by Muaadh Alawadhi and Suad Mahyoub against the City and County of San Francisco for $156,250; the lawsuit was filed on January 7, 2015, in San Francisco Superior Court, Case No. CGC-15-543559; entitled Muaadh Alawadhi, et al. v. City and County of San Francisco, et al.; the lawsuit involves alleged medical negligence; other material terms of the settlement are co-defendant Regents of the University of California to pay $156,250. (City Attorney) PASSED ON FIRST READING by the following vote:

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

Absent: Mar

Supervisor Breed Excused from Voting Supervisor Kim, seconded by Supervisor Yee, moved that Supervisor Breed be excused from voting on File No. 160704. The motion carried by the following vote:

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

Absent: Mar

Excused: Breed

160704 [Settlement of Lawsuit - Ricardo Palikiko-Garcia, Stanley Harris, and Keith Dwayne Richardson - $90,000] Ordinance authorizing settlement of the lawsuit filed by Ricardo Palikiko-Garcia, Stanley Harris, and Keith Dwayne Richardson against the City and County of San Francisco for $90,000; the lawsuit was filed on March 16, 2016, in United States District Court for the Northern District of California, Case No. C16-1305 JCS; entitled Ricardo Palikiko-Garcia, et al. v. City and County of San Francisco, et al.; the lawsuit involves allegations of excessive force, cruel and unusual punishment, and egregious government conduct. (City Attorney) PASSED ON FIRST READING by the following vote:

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

Absent: Mar

Excused: Breed

ty Attorney, acting on behalf of the People of the State of California, against Blue Cross of California dba Anthem Blue Cross, Anthem Blue Cross Life and Health Insurance Company (collectively, "Blue Cross") and Health Net of California for the payment by Blue Cross of $6,250,000 in restitution and civil penalties for under-reimbursing Zuckerberg San Francisco General Hospital and Trauma Center (“ZSFG”) for emergency medical care provided to Blue Cross’s insureds prior to July 1, 2015, and for the payment of additional amounts for such emergency medical care provided between July 1, 2015, and June 30, 2019; the lawsuit was filed on May 24, 2011, in San Francisco Superior Court, Case No. 11-511181; entitled People of the State of California v. Blue Cross of California, et al.; other material terms of said settlement are that Blue Cross and the City will enter into a prompt payment agreement under which Blue Cross agrees to pay and ZSFG agrees to accept certain specified rates for treatment provided by ZSFG to Blue Cross’s insureds for emergency medical services rendered from July 1, 2015, through at least June 30, 2019. (City Attorney) PASSED ON FIRST READING by the following vote:

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

Absent: Mar

160706 [Settlement of Lawsuit - State Farm General Insurance Company - $90,000] Ordinance authorizing settlement of the lawsuit filed by State Farm General Insurance Company against the City and County of San Francisco for $90,000; the lawsuit was filed on February 13, 2014, in San Francisco Superior Court, Case No. CGC-14-537478; entitled State Farm General Insurance Company v. City and County of San Francisco; the lawsuit involves alleged property damage arising from flooding. (City Attorney) PASSED ON FIRST READING by the following vote:

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

Absent: Mar

160707 [Settlement of Lawsuit - Paul Walker - $80,000] Ordinance authorizing settlement of the lawsuit filed by Paul Walker against the City and County of San Francisco for $80,000; the lawsuit was filed on November 10, 2015, in United States District Court, Northern District, Case No. CV-15-5129-JCS; entitled Paul Walker v. City and County of San Francisco; the lawsuit involves alleged Americans with Disabilities Act violations. (City Attorney) PASSED ON FIRST READING by the following vote:

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

Absent: Mar

160708 [Settlement of Lawsuit - Mery Perez - $87,500] Ordinance authorizing settlement of the lawsuit filed by Mery Perez against the City and County of San Francisco for $87,500; the lawsuit was filed on February 9, 2015, in San Francisco Superior Court, Case No. CGC-15-544024; entitled Mery Perez v. City and County of San Francisco; the lawsuit involves a medical malpractice claim; other material terms of the settlement are that co-defendant Dr. Derrick Lung is to pay $87,500. (City Attorney) PASSED ON FIRST READING by the following vote:

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

Absent: Mar

160709 [Settlement of Lawsuit - People of the State of California - $250,000] Ordinance authorizing settlement of the lawsuit filed by the People of the State of California against the City and County of San Francisco for $250,000; the lawsuit will be filed in Alameda County Superior Court; and be entitled People of the State of California v. San Francisco Public Utilities Commission and the City and County of San Francisco; the lawsuit involves alleged violations of California pollution prevention and hazardous materials laws at Public Utilities Commission facilities near Sunol in Alameda. (City Attorney) PASSED ON FIRST READING by the following vote:

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

Absent: Mar

160738 [Settlement of Lawsuit - Gary Frank and Debbie Frank - $245,000] Ordinance authorizing settlement of the lawsuit filed by Gary Frank and Debbie Frank against the City and County of San Francisco for $245,000; the lawsuit was filed on September 16, 2014, in San Francisco Superior Court, Case No. CGC-14-541671; entitled Gary Frank and Debbie Frank v. City and County of San Francisco, et al.; the lawsuit involves alleged property damage arising from flooding. (City Attorney) PASSED ON FIRST READING by the following vote:

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

Absent: Mar

160770 [Settlement of Lawsuit - Sadeq Naji - $30,000] Ordinance authorizing settlement of the lawsuit filed by Sadeq Naji against the City and County of San Francisco for $30,000; the lawsuit was filed on February 3, 2015, in San Francisco Superior Court, Case No. CGC 15-543936; entitled Sadeq Naji v. City and County of San Francisco; San Francisco Public Library; the lawsuit involves an employment dispute. (City Attorney) PASSED ON FIRST READING by the following vote:

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

Absent: Mar

160514 [Accept and Expend Grant - State Transportation Development Act, Article 3 - Pedestrian and Bicycle Projects - $973,909] Sponsor: Mayor Resolution authorizing the acceptance and expenditure of a State Transportation Development Act, Article 3, Pedestrian and Bicycle Project grant, in the amount of $995,524 including $497,762 for Public Works and $497,762 for the San Francisco Municipal Transportation Agency, for a three-year period of July 1, 2016, through June 30, 2019. Resolution No. 327-16 ADOPTED by the following vote:

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

Absent: Mar

160793 [Resolution of Intention - Central Market Community Benefit District - Modify the Management Plan and Engineer’s Report] Sponsor: Mayor Resolution declaring the intention of the Board of Supervisors to modify the management district plan and engineer’s report for the property-based business improvement district (community benefit district) known as the “Central Market Community Benefit District” to remove the district-wide cap on annual assessment revenues; ordering and setting a time and place for a public hearing thereon; approving the form of the Notice of Public Hearing and Assessment Ballot Proceeding and Assessment Ballot; and directing the Clerk of the Board of Supervisors to give notice of the public hearing and balloting as required by law. Resolution No. 288-16 ADOPTED by the following vote:

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

Absent: Mar

Recommendations of the Land Use and Transportation Committee Supervisor Farrell Excused from Voting Supervisor Campos, seconded by Supervisor Tang, moved that Supervisor Farrell be excused from voting on File No. 160790. The motion carried by the following vote:

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

Absent: Mar

Excused: Farrell

160790 [Administrative Code - Short-Term Residential Rentals] Sponsors: Campos; Peskin, Avalos and Mar Ordinance amending the Administrative Code to revise the Residential Unit Conversion Ordinance to require Hosting Platforms to verify that a Residential Unit is on the City Registry prior to accepting a fee for booking a short-term rental transaction, and to provide an affidavit of compliance to the City and retain certain records; authorize the Office of Short Term Rentals to issue an administrative subpoena to obtain records; provide for civil, administrative, and criminal penalties against Hosting Platforms for violations of their obligations under the Residential Unit Conversion Ordinance; and affirming the Planning Department’s determination under the California Environmental Quality Act. Privilege of the floor was granted unanimously to Robb Kapla (Office of the City Attorney) who responded to questions raised throughout the discussion. Supervisor Campos, seconded by Supervisor Peskin, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, by making tehcnical amendments. The motion carried by the following vote:

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

Absent: Mar

Excused: Farrell

PASSED ON FIRST READING AS AMENDED by the following vote:

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

Absent: Mar

Excused: Farrell

160751 [Sublease of Non-Profit Office Space Under City’s Master Lease - At The Crossroads - 167 Jessie Street - $1 per Year Base Rent] Sponsors: Mayor; Kim Resolution authorizing the Sublease between the City and County of San Francisco, as Tenant and Sublandlord, and At The Crossroads, as Subtenant, of 4,124 rentable square feet in the building located at 167 Jessie Street, for an initial term of five years at a base rent of $1 per year, to commence upon approval by the Board of Supervisors and Mayor, in their respective sole and absolute discretion. (Mayor’s Office of Housing and Community Development) Resolution No. 290-16 ADOPTED by the following vote:

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

Absent: Mar

160755 [Owner Participation/Disposition and Development Agreement - Successor Agency to the San Francisco Redevelopment Agency Land - Block One Property Holder, L.P. - Transbay Block One] Sponsor: Kim Resolution approving the disposition of land located on the southern one-third of the block bounded by Howard, Spear, Folsom, and Main Streets, Assessor’s Parcel Block No. 3740, Lot No. 027, by the Office of Community Investment and Infrastructure, as Successor Agency to the San Francisco Redevelopment Agency, to Block One Property Holder, L.P, a Delaware limited partnership and an affiliate of Tishman Speyer, for the purpose of developing affordable for-sale housing for low and moderate income households; and making findings under California Health and Safety Code, Section 33433. Resolution No. 291-16 ADOPTED by the following vote:

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

Absent: Mar

Referred Without Recommendation from the Rules Committee Supervisor Farrell was noted absent at 9:24 p.m. and for the remainder of the meeting. Supervisor Farrell Excused from Attendance Supervisor Tang, seconded by Supervisor Avalos, moved that Supervisor Farrell be excused from attending the remainder of today’s meeting, beginning at 9:42 p.m. The motion carried by the following vote:

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

Absent: Mar

Excused: Farrell

itutional Community, and Arts Activities Uses] Sponsors: Kim; Peskin and Campos Motion ordering submitted to the voters an Ordinance amending the Planning Code to require Conditional Use authorization for conversion of Production, Distribution, and Repair Use, Institutional Community Use, and Arts Activities Use and replacement space; and affirming the Planning Department’s determination under the California Environmental Quality Act, at an election to be held November 8, 2016. (Economic Impact; No Office of Economic Analysis Report) Supervisor Campos requested to be added as a co-sponsor. Supervisor Wiener requested the question to amend the Initiative Ordinance be DIVIDED to consider separately the amendment on Page 9, Lines 8-10, to change Subsection (i) to read 'The Board of Supervisors by ordinance and by at least a two-thirds vote of all its members may amend this Section 202.8 at any time after its effective date.' (Economic Impact; No Office of Economic Analysis Report) Supervisor Kim, seconded by Supervisor Peskin, moved the remaining balance of the question that this Motion be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE. The motion carried by the following vote:

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

Absent: Farrell, Mar

Supervisor Kim, seconded by Supervisor Peskin, moved the divided question that this Motion be AMENDED on Page 9, Lines 8-10. The motion carried by the following vote:

Ayes: Avalos, Campos, Kim, Peskin, Yee

Noes: Breed, Cohen, Tang, Wiener

Absent: Mar

Excused: Farrell

(Economic Impact) Pursuant to Board Rule 5.14, the motion to amend this Motion is of a parliamentary nature and only requires the affirmative vote of a majority of the Supervisors present; there being only nine members present for consideration of this motion. Upon passage of both the divided portion and the remaining balance of the amendments to the Initiative Ordinance, the Ordinance was amended as a whole. Supervisor Kim, seconded by Supervisor Campos, moved that this Motion be CONTINUED AS AMENDED to the Board of Supervisors meeting of August 2, 2016, and for the Board to convene as a Committee of the Whole to consider this Initiative Ordinance. The motion carried by the following vote:

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

Absent: Mar

Excused: Farrell

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 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 Kim, moved that this Resolution be CONTINUED to the Board of Supervisors meeting of August 2, 2016. The motion carried by the following vote:

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

Absent: Avalos, Mar

Excused: Farrell

160830 [Recreation and Parks Month - July 2016] Sponsor: Breed Resolution declaring July 2016 as Recreation and Parks Month in the City and County of San Francisco. Resolution No. 337-16 ADOPTED by the following vote:

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

Absent: Avalos, Mar

Excused: Farrell

160831 [World Hepatitis Day - July 28] Sponsors: Tang; Kim, Wiener, Cohen, Peskin and Yee Resolution recognizing July 28 as World Hepatitis Day in the City and County of San Francisco. Supervisor Yee requested to be added as a co-sponsor. Resolution No. 338-16 ADOPTED by the following vote:

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

Absent: Avalos, Mar

Excused: Farrell