Board of Supervisors Minutes: September 20, 2016

ion of portions of streets (along with public service easements within those streets) that exist within the Subphases 1A and 1B of the Parkmerced Development Project area, an approximately 152 acre site located in the Lake Merced District in the southwest corner of San Francisco and generally bounded by Vidal Drive, Font Boulevard, Pinto Avenue, and Serrano Drive to the north, 19th Avenue and Junipero Serra Boulevard to the east, Brotherhood Way to the south, and Lake Merced Boulevard to the west; reserving various easement rights in favor of the City and third party utilities, subject to conditions specified in this ordinance; delegating authority to the Director of Real Estate to execute certain quit claim deeds; adopting findings under the California Environmental Quality Act; adopting findings that the vacations are consistent with the Parkmerced Development Agreement, the General Plan, and the eight priority policies of Planning Code, Section 101.1; directing the Clerk of the Board of Supervisors to make certain transmittals; and authorizing actions by City officials in furtherance of this Ordinance, as defined herein. Ordinance No. 183-16 FINALLY PASSED by the following vote:

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

Absent: Mar

160890 [Setting Property Tax Rate and Establishing Pass-Through Rate for Residential Tenants - FY2016-2017] Sponsor: Farrell Ordinance levying property taxes at a combined rate of $1.1792 on each $100 valuation of taxable property for the City and County of San Francisco, San Francisco Unified School District, San Francisco Community College District, Bay Area Rapid Transit District, and Bay Area Air Quality Management District, and establishing a pass-through rate of $0.0840 per $100 of assessed value for residential tenants pursuant to Administrative Code, Chapter 37, for the fiscal year ending June 30, 2017. (Fiscal Impact) Ordinance No. 184-16 FINALLY PASSED by the following vote:

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

160892 [Administrative Code - San Francisco City College Enrollment Fee Assistance Fund] Sponsors: Kim; Yee Ordinance amending the Administrative Code to establish the San Francisco City College Enrollment Fee Assistance Fund. Supervisor Mar 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

Supervisor Kim, seconded by Supervisor Yee, 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 Kim, seconded by Supervisor Yee, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 3, Lines 14-15, by adding 'The agreement shall designate an agency to provide administrative support for the Oversight Committee.'; and on Page 4, Lines 17-18, by striking 'The Department shall provide administrative support for the Oversight Committee.' 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

160693 [Accept and Expend In-Kind Gift - Codex, the Stanford Center for Legal Informatics - Data Analytics and Research Support - $13,000] Sponsor: Cohen Resolution retroactively authorizing the Office of the District Attorney to accept and expend an in-kind gift estimated at $13,000 from Codex, The Stanford Center for Legal Informatics, for data analytics and research support for the project term of April 20, 2016, through April 19, 2018. (District Attorney) Resolution No. 406-16 ADOPTED by the following vote:

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

onds (Affordable Housing, 2015) - Not to Exceed $310,000,000] Sponsors: Mayor; Breed Resolution providing for the issuance of not to exceed $310,000,000 aggregate principal amount of City and County of San Francisco Taxable and Tax-Exempt General Obligation Bonds (Affordable Housing, 2015); authorizing the issuance and sale of said bonds; providing for the levy of a tax to pay the principal and interest thereof; providing for the appointment of depositories and other agents for said bonds; providing for the establishment of accounts related thereto; adopting findings under the California Environmental Quality Act ("CEQA"), the CEQA Guidelines and Administrative Code, Chapter 31; finding that the proposed project is in conformity with the priority policies of Planning Code, Section 101.1(8), and with the General Plan consistency requirement of Charter, Section 4.105, and Administrative Code, Section 2A.53; ratifying certain actions previously taken, as defined herein; and granting general authority to city officials to take necessary actions in connection with the issuance and sale of said bonds, as defined herein. (Fiscal Impact) Resolution No. 407-16 ADOPTED by the following vote:

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

of not to exceed $77,000,000 aggregate principal amount of City and County of San Francisco Taxable General Obligation Bonds (Affordable Housing, 2015), Series 2016F; prescribing the form and terms of said bonds; providing for the appointment of depositories and other agents for said bonds; providing for the establishment of accounts related to said bonds; authorizing the sale of said bonds by competitive or negotiated sale; approving the forms of Official Notice of Sale and Notice of Intention to Sell Bonds and directing the publication of the Notice of Intention to Sell Bonds; approving the form of Bond Purchase Contract; approving the form of the Preliminary Official Statement and the form and execution of the Official Statement relating to the sale of said bonds; approving the form of the Continuing Disclosure Certificate; authorizing and approving modifications to documents; ratifying certain actions previously taken, as defined herein; and granting general authority to City officials to take necessary actions in connection with the authorization, issuance, sale, and delivery of said bonds, as defined herein. (Fiscal Impact) Resolution No. 408-16 ADOPTED by the following vote:

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

160850 [Appropriation - Mayor’s Office of Housing and Community Development - Proceeds from General Obligation Housing Bond - FY2016-2017 - $77,000,000] Sponsors: Mayor; Breed Ordinance appropriating $77,000,000 of proceeds from the General Obligation Housing Bond, Series 2016F to the Mayor’s Office of Housing and Community Development for Public Housing, Low-Income Housing, Investment in Mission Neighborhood, and Middle Income Housing-DALP and TND in FY2016-2017, and placing these funds on Controller’s Reserve pending sale of the bonds. (Fiscal Impact) PASSED ON FIRST READING by the following vote:

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

h Street and Mission Bay South Block 6 East) - Not to Exceed $52,500,000] Sponsor: Kim Resolution authorizing the issuance, sale and delivery of multifamily housing revenue bonds in an aggregate principal amount not to exceed $52,500,000 for the purpose of providing financing for the construction of a 143-unit multifamily rental housing project known as 626 Mission Bay Boulevard North; approving the form of and authorizing the execution of an indenture of trust providing the terms and conditions of the bonds; approving the form of and authorizing the execution of a regulatory agreement and declaration of restrictive covenants; approving the form of and authorizing the execution of a loan agreement; authorizing the collection of certain fees; approving modifications, changes and additions to the documents, as defined herein; ratifying and approving any action heretofore taken in connection with the bonds and the project, as defined herein; granting general authority to City officials to take actions necessary to implement this Resolution; and related matters, as defined herein. (Mayor’s Office of Housing and Community Development) Resolution No. 386-16 ADOPTED by the following vote:

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

y Project, San Mateo County - $23,170] Resolution approving and authorizing the acquisition of one temporary construction easement and one permanent subsurface easement for a sanitary sewer and electrical line, from TSE Serramonte, L.P., a California limited partnership for $23,170 to be used by the City and County of San Francisco under the Water System Improvement Program for the access, installation, modification, removal, inspection, maintenance, repair, replacement, periodic scheduled maintenance, emergency repairs, and construction of the project known as the Regional Groundwater Storage and Recovery Project, Project No. CUW30103; 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. 409-16 ADOPTED by the following vote:

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

160887 [Financing - Portsmouth Plaza Parking Corporation - Not to Exceed $12,500,000] Resolution authorizing a financing to be undertaken by the City of San Francisco Portsmouth Plaza Parking Corporation on behalf of the City in an amount not to exceed $12,500,000 and approving the forms of and authorizing the execution and delivery of documents reasonably necessary for such financing; ratifying and approving any action heretofore taken in connection with the financing; granting general authority to City officials to take actions necessary to implement this Resolution; and related matters. (Recreation and Park Department) (Fiscal Impact) Resolution No. 410-16 ADOPTED by the following vote:

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

160895 [Real Property Lease - SFP2 1360 Mission St., LLC - 1360 Mission St., First and Second Floors - $763,110 Annual Base Rent] Sponsors: Mayor; Kim Resolution authorizing the lease of approximately 16,958 square feet at 1360 Mission Street, first and second floors, with SFP2 1360 Mission St., LLC, a California limited liability company, for a four year term to commence following Board approval through August 17, 2020, with one option to extend for one year, at the monthly base rent of $63,592.50, for a total annual base rent of $763,110. (Fiscal Impact) Resolution No. 387-16 ADOPTED by the following vote:

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

160929 [Agreement Amendment - PRWT Services, Inc. - Citation Processing and Support Services - Not to Exceed $76,777,789] Resolution approving the Fifth Amendment to the Agreement with PRWT Services, Inc., for citation processing and support services by increasing the contract amount by $14,051,854, for a total contract amount not to exceed $76,777,789 over the agreement term of November 1, 2008, through October 31, 2018. (Municipal Transportation Agency) (Fiscal Impact) Resolution No. 411-16 ADOPTED by the following vote:

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

160138 [Liquor License - 482-488 Hayes Street] Resolution determining that the issuance of a Type 48 on-sale general public premises license to Burgers 355, LLC dba Brass Tacks, located at 482-488 Hayes Street (District 5), will serve the public convenience or necessity of the City and County of San Francisco in accordance with California Business and Professions Code, Section 23958.4, and recommending that the California Department of Alcoholic Beverage Control impose conditions on the issuance of the license. (Public Safety and Neighborhood Services Committee) Resolution No. 403-16 ADOPTED by the following vote:

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

160356 [Liquor License Transfer - 50 Mason Street] Resolution determining that the issuance of a Type 48 on-sale general public premises license to Pandora Karaoke, Inc. dba Pandora Karaoke, located at 50 Mason (District 6), will serve the public convenience or necessity of the City and County of San Francisco in accordance with California Business and Professions Code, Section 23958.4, and recommending that the California Department of Alcoholic Beverage Control impose conditions on the issuance of the license. (Public Safety and Neighborhood Services Committee) Resolution No. 404-16 ADOPTED by the following vote:

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

160910 [Confirming Reappointment, Public Utilities Commission - Francesca Vietor] Sponsor: Mayor Motion confirming the mayoral reappointment of Francesca Vietor, to the Public Utilities Commission, Seat No. 1, for the unexpired portion of a four-year term ending August 1, 2020. (Charter, Section 4.112, provides that the Board of Supervisors shall confirm the Mayor's appointment by a majority (six votes) of the Board of Supervisors. Transmittal date: August 8, 2016.) Motion No. M16-122 APPROVED by the following vote:

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

160911 [Confirming Reappointment, Public Utilities Commission - Ann Moller Caen] Sponsor: Mayor Motion confirming the mayoral reappointment of Ann Moller Caen, to the Public Utilities Commission, Seat No. 3, for the unexpired portion of a four-year term ending August 1, 2020. (Charter, Section 4.112, provides that the Board of Supervisors shall confirm the Mayor's appointment by a majority (six votes) of the Board of Supervisors. Transmittal date: August 8, 2016.) Motion No. M16-123 APPROVED by the following vote:

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

160912 [Confirming Reappointment, Public Utilities Commission - Vince Courtney, Jr.] Sponsor: Mayor Motion confirming the mayoral reappointment of Vince Courtney, Jr., to the Public Utilities Commission, Seat No. 5, for the unexpired portion of a four-year term ending August 1, 2020. (Charter, Section 4.112, provides that the Board of Supervisors shall confirm the Mayor's appointment by a majority (six votes) of the Board of Supervisors. Transmittal date: August 8, 2016.) Motion No. M16-124 APPROVED by the following vote:

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

160913 [Confirming Appointment, Treasure Island Development Authority Board of Directors - Sam Moss] Sponsor: Mayor Motion approving the mayoral appointment of Sam Moss to the Treasure Island Development Authority Board of Directors, for the unexpired portion of a four-year term ending April 28, 2018. (Appointments of Directors who are not City officers are effective only upon approval by a majority of the Board of Supervisors. Transmittal date: August 10, 2016.) Motion No. M16-125 APPROVED by the following vote:

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

160915 [Appointments, Child Care Planning and Advisory Council - Beverly Melugin and Graham Dobson] Motion appointing Beverly Melugin (residency requirement waived), term ending March 19, 2019, and Graham Dobson, term ending March 19, 2018, to the Child Care Planning and Advisory Council. (Rules Committee) Motion No. M16-126 APPROVED by the following vote:

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

Supervisor Tang Excused from Voting Supervisor Peskin, seconded by Supervisor Mar, moved that Supervisor Tang be excused from voting on File No. 160917. The motion carried by the following vote:

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

Excused: Tang

160917 [Appointment, Children and Families First Commission - Supervisor Katy Tang] Motion appointing Supervisor Katy Tang, for an indefinite term, to the Children and Families First Commission. (Rules Committee) Motion No. M16-127 APPROVED by the following vote:

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

Excused: Tang

City and County of San Francisco Page 776 Printed at 2:22 pm on 10/26/16 Board of Supervisors Meeting Minutes 9/20/2016 Supervisor Avalos Excused from Voting Supervisor Peskin, seconded by Supervisor Yee, moved that Supervisor Avalos be excused from voting on File No. 160927. The motion carried by the following vote:

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

Excused: Avalos

160927 [Appointment, Reentry Council - Supervisor John Avalos] Motion appointing Supervisor John Avalos, term ending June 7, 2018, to the Reentry Council. (Rules Committee) Motion No. M16-128 APPROVED by the following vote:

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

Excused: Avalos

160919 [Approving Conditional Use Authorization - 2785 San Bruno Avenue Project] Motion approving the decision of the Planning Commission by its Motion No. 19702, approving a Conditional Use Authorization identified as Planning Case No. 2014-003173CUA for a proposed project located at 2785 San Bruno Avenue, and adopting findings pursuant to Planning Code, Section 101.1. (Clerk of the Board) Supervisor Campos, seconded by Supervisor Mar, 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

160920 [Disapproving Conditional Use Authorization - 2785 San Bruno Avenue Project] Motion disapproving the decision of the Planning Commission by its Motion No. 19702, approving a Conditional Use Authorization identified as Planning Case No. 2014-003173CUA for a proposed project located at 2785 San Bruno Avenue. (Clerk of the Board) Motion No. M16-129 Supervisor Campos, seconded by Supervisor Mar, moved that this Motion be APPROVED. The motion carried by the following vote:

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

160921 [Preparation of Findings Related to Conditional Use Authorization Appeal - 2785 San Bruno Avenue Project] Motion directing the Clerk of the Board to prepare findings in support of the Board of Supervisors’ disapproval of the proposed Conditional Use Authorization identified as Planning Case No. 2014 003173CUA for a proposed project located at 2785 San Bruno Avenue. (Clerk of the Board) Motion No. M16-130 Supervisor Campos, seconded by Supervisor Mar, moved that this Motion be APPROVED. The motion carried by the following vote:

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

160988 [Management District Plan and Engineer’s Report Modification - Central Market Community Benefit District] Sponsor: Kim Resolution modifying the Management District Plan and Engineer’s Report to remove the district-wide cap on annual assessment revenues levied on properties located in the property-based business improvement district (community benefit district) known as the “Central Market Community Benefit District;” and making environmental findings. Angela Calvillo, Clerk of the Board, informed the Board of Supervisors that the returned weighted ballots voting for the modifications to the Central Market Community Benefit District was 71.75%, and the returned weighted ballots voting against the modifications to the Central Market Community Benefit District was 28.25%, further indicating there was no majority protest. Resolution No. 402-16 ADOPTED by the following vote:

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

160614 [Board Response - Civil Grand Jury - Maintenance Budgeting and Accounting Challenges for General Fund Departments: Maintenance Economics Versus Maintenance Politics: Pay Now or Pay More Later] Resolution responding to the Presiding Judge of the Superior Court on the findings and recommendations contained in the 2015-2016 Civil Grand Jury Report, entitled “Maintenance Budgeting and Accounting Challenges for General Fund Departments: Maintenance Economics Versus Maintenance Politics: Pay Now or Pay More Later;” and urging the Mayor to cause the implementation of accepted findings and recommendations through his/her department heads and through the development of the annual budget. (Government Audit and Oversight Committee) Resolution No. 405-16 ADOPTED by the following vote:

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

160994 [Designating San Francisco a Bee City USA and Affirming San Francisco’s Commitment to Supporting Pollinator Health] Sponsor: Tang Resolution designating San Francisco a Bee City USA to promote healthy, sustainable habitats and communities for bees and other pollinators. Resolution No. 416-16 ADOPTED City and County of San Francisco Page 782 Printed at 2:22 pm on 10/26/16 Board of Supervisors Meeting Minutes 9/20/2016 The foregoing items were acted upon by the following vote:

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

160993 [Urging the San Francisco Municipal Transportation Agency to Preserve the Historic Character of the Van Ness Corridor] Sponsor: Peskin Resolution urging the San Francisco Municipal Transportation Agency to make all efforts to preserve the historic character of the Van Ness Corridor through reuse as well as replication of the Van Ness Avenue historic streetlamps. Supervisor Peskin, seconded by Supervisor Avalos, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 1, Line 7, by striking ‘259’ and adding ‘over 200’, and Line 13-14, by striking ‘Bay’ and adding ‘North Point’; on Page 2, Line 17, by striking ‘255’, adding ‘over 200’, striking ‘22’, and adding ‘27’; and on Page 3, Line 17, by striking ‘Phase 2’ and adding ‘construction phase’. The motion carried by the following vote:

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

Resolution No. 415-16 ADOPTED AS AMENDED by the following vote:

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

160995 [Urging the Department of Health and Human Services to Adopt Title X Rule 937-AA04] Sponsor: Wiener Resolution urging the Department of Health and Human Services to adopt its proposed rule 937-AA04, precluding state and local jurisdictions from withholding Title X Family Planning grants to health care providers, including Planned Parenthood, for reasons unrelated to the provider’s ability to deliver public health and women’s health services. Resolution No. 417-16 ADOPTED by the following vote:

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