Board of Supervisors Minutes: September 27, 2016

160943 [Settlement of Unlitigated Claim - Melvin Galvez - $35,339.44] Resolution approving the settlement of the unlitigated claim filed by Melvin Galvez against the City and County of San Francisco for $35,339.44; the claim was filed on July 9, 2015; the claim involves an employment dispute. (City Attorney) Resolution No. 426-16 ADOPTED The foregoing items were acted upon by the following vote:

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

Excused: Avalos

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) Ordinance No. 185-16 FINALLY PASSED by the following vote:

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

Excused: Avalos

160892 [Administrative Code - San Francisco City College Enrollment Fee Assistance Fund] Sponsors: Kim; Yee, Mar and Campos Ordinance amending the Administrative Code to establish the San Francisco City College Enrollment Fee Assistance Fund. Supervisor Campos requested to be added as a co-sponsor. Ordinance No. 186-16 FINALLY PASSED by the following vote:

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

Excused: Avalos

160199 [Administrative Code - Prevailing Wages for Commercial Vehicle Loading and Unloading on City Property] Sponsor: Wiener Ordinance amending the Administrative Code to require that prevailing wages be paid for work loading or unloading materials, goods, or products for special events and shows on City property, and the driving of commercial vehicles for that purpose. (Fiscal Impact) PASSED ON FIRST READING by the following vote:

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

Excused: Avalos

160769 [Waiving Competitive Process Requirement - Lease Agreement - Amoura International, Inc. - Interim Employee Café] Ordinance waiving the competitive process requirement of Administrative Code, Section 2A.173, for a lease agreement between Amoura International, Inc., and the City and County of San Francisco, by and through its Airport Commission, for an interim employee café at Airport Terminal 1. (Airport Commission) Privilege of the floor was granted unanimously to Cathy Widener (San Francisco International Airport) who responded to questions raised throughout the discussion. Supervisor Peskin, seconded by Supervisor Kim, moved that this Ordinance be CONTINUED to the Board of Supervisors meeting of October 4, 2016. The motion carried by the following vote:

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

Excused: Avalos

160899 [Accept and Expend Grant - San Francisco Parks Alliance - Parks Alliance Retroactive Grant for FY2014-2015 - $84,202] Sponsor: Farrell Resolution retroactively authorizing the Recreation and Park Department to accept and expend a Grant from the San Francisco Parks Alliance to fund community events, staff development, recreation programming, and other activities from FY2014-2015 that together are valued at approximately $84,202. (Recreation and Park Department) Privilege of the floor was granted unanimously to Nicole Elliott (Mayor's Office) and Katie Petroucione (Recreation and Park Department) who responded to questions raised throughout the discussion. Resolution No. 422-16 ADOPTED by the following vote:

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

Excused: Avalos

160926 [Engineering Design Agreement Amendment - Kennedy/Jenks Consultants - Water System Improvement Program - Not to Exceed $18,500,000] Resolution authorizing the General Manager of the San Francisco Public Utilities Commission to execute Amendment No. 4 to Engineering Project Design Services Agreement No. CS-879C for Water System Improvement Program-funded projects between the City and County of San Francisco and Kennedy/Jenks Consultants, to extend the contract for three years to commence December 6, 2016, for a total term of December 6, 2007, through December 6, 2019, for an additional amount of $2,000,000 for a total amount not to exceed $18,500,000. (Public Utilities Commission) (Fiscal Impact) Resolution No. 423-16 ADOPTED by the following vote:

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

Excused: Avalos

160425 [Administrative Code - Ban on City-Funded Travel to and City Contracts Involving States With Anti-LGBT Laws] Sponsors: Wiener; Campos and Farrell Ordinance amending the Administrative Code to prohibit City-funded travel to states that have enacted laws after June 26, 2015, reversing anti-discrimination protections for LGBT individuals or permitting discrimination against LGBT individuals, and to prohibit City contracting with companies headquartered in states that have enacted such laws, or where work on the contract would be performed in such states. PASSED ON FIRST READING by the following vote:

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

Excused: Avalos

160784 [Settlement of Lawsuit and Supplemental Appropriation - Allied Insurance Company - $60,000] Ordinance authorizing settlement of the lawsuit filed by Allied Insurance Company against the City and County of San Francisco for $60,000; the lawsuit was filed on January 22, 2015, in San Francisco Superior Court, Case No. CGC-15-543789; entitled Allied Insurance Company v. The City and County of San Francisco, et al.; the lawsuit involves alleged property damage arising from flooding; and appropriating $60,000 from the Water Enterprise fund balance for such purpose. (City Attorney) PASSED ON FIRST READING by the following vote:

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

Excused: Avalos

160785 [Settlement of Lawsuit and Supplemental Appropriation - Raymond Kruse and Ashley Kruse - $325,000] Ordinance authorizing settlement of the lawsuit filed by Raymond Kruse and Ashley Kruse against the City and County of San Francisco for $325,000; the lawsuit was filed on September 17, 2014, in San Francisco Superior Court, Case No. CGC-14-541704; entitled Raymond Kruse, et al. v. Precision Engineering, Inc., et al.; the lawsuit involves alleged property damage arising from flooding; and appropriating $325,000 from the Water Enterprise fund balance for such purpose. (City Attorney) PASSED ON FIRST READING by the following vote:

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

Excused: Avalos

160616 [Board Response - Civil Grand Jury - Into the Open: Opportunities for More Timely and Transparent Investigations of Fatal San Francisco Police Department Officer-Involved Shootings] 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 “Into the Open: Opportunities for More Timely and Transparent Investigations of Fatal San Francisco Police Department Officer-Involved Shootings;” 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. 418-16 ADOPTED by the following vote:

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

Excused: Avalos

160618 [Board Response - Civil Grand Jury - San Francisco Homeless Health and Housing: A Crisis Unfolding on Our Streets] 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 “San Francisco Homeless Health and Housing: A Crisis Unfolding on Our Streets;” 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. 419-16 ADOPTED by the following vote:

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

Excused: Avalos

160321 [Planning Code - Housing Balance Report] Sponsors: Kim; Mar Ordinance amending the Planning Code to require inclusion in the Housing Balance Report data about the withdrawal of housing units from the rental market by all means, including owner move-ins; 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, and findings of public convenience, necessity, and welfare under Planning Code, Section 302. PASSED ON FIRST READING by the following vote:

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

Excused: Avalos

160183 [Urging the San Francisco Public Utilities Commission to Expand Public Access to the Peninsula Watershed Lands] Sponsors: Avalos; Wiener Resolution urging the San Francisco Public Utilities Commission to provide enhanced public access to existing roads and trails in the Peninsula Watershed Lands consistent with the goals of protecting the water supply and the environmental quality of the area. (Supervisor Peskin dissented in committee.) Supervisor Campos requested to be removed as a co-sponsor. Supervisor Peskin, seconded by Supervisor Yee, moved that this Resolution be CONTINUED to the Board of Supervisors meeting of October 4, 2016. The motion carried by the following vote:

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

Excused: Avalos

moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE, on Page 1, Lines 13-15, by striking ‘amending the Planning Code to exempt the above blocks and lots from the requirements for Accessory Dwelling Units in RH-1(D) zoning districts;’; and Page 6, Lines 1-2, by striking ‘Section 5. The Planning Code is hereby amended by revising Section 207 to read as follows:’, Line 10, by striking ‘Except as specified in subsection (c)(5)(C)’, Lines 15-21, by striking ‘(C) This subsection (c)(5) shall not apply to the blocks and lots rezoned from RH-1 and P to RH-1(D) in the ordinance in Board of Supervisors File No. 160426, which ordinance rezoned the neighborhood of Midtown Terrace, generally bounded by Twin Peaks Boulevard to the east, Twin Peaks Reservoir and the lands of Sutro Tower to the north, Clarendon Avenue, Laguna Honda Hospital, and the Juvenile Detention Center to the west, and Portola Avenue to the south. Notwithstanding any provision to the contrary, such blocks and lots shall be governed by subsection 207(c)(4).’, and Line 22, by striking ‘D’ and adding ‘C’; and Page 7, Line 9, by striking ‘7’ and adding ‘6’. The motion carried by the following vote:

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

Noes: Wiener

Excused: Avalos

ll lot numbers in Assessor’s Parcel Block Nos. 2780, 2783, 2784, 2785, 2786, 2787, 2790, 2791, 2792, 2793, 2794, 2795, 2796, 2797, 2798, 2820, 2822, 2822A, 2822B, 2823, 2823A, 2823B, 2823C, 2824, 2825, 2833, 2834, 2835, 2836; all lots in Block 2643B except Lot Nos. 5 and 8; all lots in Block 2781 except Lot No. 22; all lots in Block 2782 except Lot No. 27; all lots in Block 2788 except Lot No. 27; all lots in Block 2789 except Lot No. 29; and Lot Nos. 1, 2, 9, 12, 13, 14, 15, 16, 17, 23, and 24 of Assessor’s Parcel Block No. 2821, from their current designation as Residential, House: One-Family (RH-1) to Residential, House: One-Family (Detached Dwellings) (RH-1(D)); revising the Zoning Map to rezone Assessor’s Parcel Block No. 2643B, Lot No. 8, in from its current designation as Public to RH-1(D); affirming the Planning Department’s determination under the California Environmental Quality Act; and making findings, including findings of public necessity, convenience, and welfare under Planning Code, Section 302, and findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. PASSED ON FIRST READING AS AMENDED by the following vote:

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

Excused: Avalos

161012 [Final Map 8123 - 468 Clementina Street] Motion approving Final Map 8123, a 13 residential unit Condominium Project, located at 468 Clementina Street, being a subdivision of Assessor’s Parcel Block No. 3732, Lot No. 233, and adopting findings pursuant to the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Public Works) Motion No. M16-131 APPROVED The foregoing items were acted upon by the following vote:

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

Excused: Avalos

161029 [Calling from Committee - Committee of the Whole - Hearing on the Blue Ribbon Panel Report (File No. 160806)] Sponsor: Cohen Motion calling from the Public Safety and Neighborhood Services Committee, pursuant to Board Rule 3.37, a hearing on the final report, findings, and recommendations of the Blue Ribbon Panel on Transparency, Accountability, and Fairness in Law Enforcement, and requesting the Police Department and Police Commission to report; and scheduling the Board of Supervisors to convene a Committee of the Whole on Tuesday, October 4, 2016, at 3:00 p.m. to hold the public hearing. Motion No. M16-132 APPROVED by the following vote:

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

Excused: Avalos