Board of Supervisors Minutes: October 4, 2016

161005 [Appointment - Commission on Aging Advisory Council - Allegra Fortunati] Motion appointing Allegra Fortunati, term ending March 31, 2017, to the Commission on Aging Advisory Council. (Rules Committee) Motion No. M16-133 APPROVED The foregoing items were acted upon by the following vote:

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

160739 [Settlement of Lawsuit - Jack K. Frazier - $4,990,000] Ordinance authorizing settlement of the lawsuit filed by Jack K. Frazier against the City and County of San Francisco for $4,990,000; the lawsuit was filed on October 28, 2013, in San Francisco Superior Court, Case No. CGC-13-535089; entitled Jack K. Frazier v. City and County of San Francisco, et al.; the lawsuit involves personal injury due to collision with fire truck; other material terms of the settlement are that defendant Michael Quinn pay plaintiff $10,000. (City Attorney) Ordinance No. 192-16 FINALLY PASSED by the following vote:

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

Noes: 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) Ordinance No. 187-16 FINALLY PASSED by the following vote:

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

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 Airport) and Jon Givner (Office of the City Attorney) who responded to questions raised throughout the discussion. Supervisor Peskin, seconded by Supervisor Yee, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 1, Line 16, by striking ‘summer’ and adding ‘fall’, Lines 23-24, by adding ‘, as amended on October 4, 2016, by Commission Resolution No. 16-0258’; and Page 2, Line 1, by striking ‘with two one year options to extend exercisable by the Commission,’, and Line 15, by adding an ‘s’ to ‘Resolution’ and ‘and No. 16-0258.’ 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: Farrell, Kim, Mar, Peskin, Tang, Wiener, Yee

Noes: Avalos, Breed, Campos, Cohen

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. Ordinance No. 189-16 FINALLY PASSED by the following vote:

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

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) Ordinance No. 193-16 FINALLY PASSED by the following vote:

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

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) Ordinance No. 194-16 FINALLY PASSED by the following vote:

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

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. Supervisor Mar requested to be added as a co-sponsor. Ordinance No. 188-16 FINALLY PASSED by the following vote:

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

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 Avalos, seconded by Supervisor Peskin, moved that this Resolution be TABLED. The motion carried by the following vote:

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

Noes: Wiener

l 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. Ordinance No. 190-16 FINALLY PASSED by the following vote:

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

160891 [Administrative, Police Codes - Prevailing Wage for Security Guard Services] Sponsors: Kim; Mar Ordinance amending the Administrative Code to require prevailing wages in City contracts for security guard services and that prevailing wages be paid for security guard services at certain events on City property; and amending the Police Code to make a technical clarification regarding worker retention requirements for security guards. (Fiscal Impact) 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

160884 [Finding of Fiscal Feasibility - Terminal 2 to Terminal 3 Secure Connector Project - San Francisco International Airport] Resolution finding the proposed Terminal 2 to Terminal 3 Secure Connector Project at San Francisco International Airport fiscally feasible and responsible pursuant to San Francisco Administrative Code, Chapter 29. (Airport Commission) (Fiscal Impact) Resolution No. 428-16 ADOPTED by the following vote:

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

160886 [Contract - California Department of Corrections and Rehabilitation - Secure Reentry Program Facility - $1,573,880] Resolution authorizing the Sheriff’s Department to enter into a contract with the California Department of Corrections and Rehabilitation to contract for, accept, and expend up to $1,573,880 to house state inmates who are within 60 days or less of release from state prison in the San Francisco County Jail Secure Reentry Program Facility, for a term to commence following Board approval, through June 30, 2017. (Sheriff) Resolution No. 429-16 ADOPTED by the following vote:

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

$95,000,000 for 210 and 238 Taylor Street (San Francisco, California 94102); authorizing and directing the Director to direct the Controller’s Office to hold in trust an amount not to exceed $100,000 in accordance with CDLAC procedures; authorizing the Director to certify to CDLAC that the City has on deposit the required amount; authorizing the Director to pay an amount equal to such deposit to the State of California if the City fails to issue the residential mortgage revenue bonds; approving, for purposes of the Internal Revenue Code of 1986, as amended, the issuance and sale of residential mortgage revenue bonds by the City in an aggregate principal amount not to exceed $95,000,000; declaring the intent of the City and County of San Francisco (the “City”) to reimburse certain expenditures from proceeds of future bonded indebtedness; authorizing and directing the execution of any documents necessary to implement this Resolution; and ratifying and approving any action heretofore taken in connection with the Project, as defined herein, and the Application, as defined herein. (Mayor’s Office of Housing and Community Development) Resolution No. 430-16 ADOPTED by the following vote:

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

160969 [Management Agreement Amendment - Moscone Center Joint Venture - Moscone Convention Center] Sponsors: Kim; Peskin and Mar Resolution approving and authorizing the City Administrator to enter into a Seventh Amendment to the Management Agreement with Moscone Center Joint Venture (“Contractor”) for the Moscone Convention Center to extend the term of the Agreement an additional ten years commencing July 1, 2017, and ending June 30, 2027; require Contractor to make certain capital contributions to the City in the amount of $15,000,000; revise certain contractual clauses regarding the calculation and payment of fees for food, beverage, and internet services; and revise certain contractual clauses regarding financial records and reporting. (Fiscal Impact) Supervisor Mar requested to be added as a co-sponsor. Resolution No. 431-16 ADOPTED by the following vote:

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

160970 [Apply for Grant - Centers for Disease Control - Comprehensive HIV Prevention Programs Application - $5,704,982] Sponsor: Wiener Resolution authorizing the Department of Public Health to submit a one-year application for calendar year 2017 to continue to receive funding for the Comprehensive HIV Prevention Programs grant from the Centers for Disease Control and Prevention, requesting $5,704,982 in HIV prevention funding for San Francisco from January 1, 2017, through December 31, 2017. (Public Health Department) Resolution No. 432-16 ADOPTED by the following vote:

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

161026 [Expend Grants - Qualified Legacy Businesses - Legacy Business Program - Amounts Up to $1,000,000] Sponsors: Campos; Mar and Breed Resolution authorizing the Office of Small Business to expend grant funds in the amount of up to $1,000,000 to disburse grants to Qualified Legacy Businesses who apply for business assistance grants between October 1, 2016, and December 15, 2016. Supervisors Mar and Breed requested to be added as co-sponsors. Resolution No. 433-16 ADOPTED by the following vote:

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

160509 [Planning Code, Zoning Map - Rezoning 2070 Folsom Street] Sponsor: Campos Ordinance amending the Planning Code by revising the Zoning Map to rezone 2070 Folsom Street, Assessor’s Parcel Block No. 3571, Lot No. 031, from its current designation as Public (P) and 50-X, to Urban Mixed Use (UMU) and 85-X; 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 by the following vote:

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

161006 [Appointments - Assessment Appeals Board No. 1 - Jeffrey Morris and Eugene Valla] Motion reappointing Jeffrey Morris and Eugene Valla, terms ending September 3, 2019, to the Assessment Appeals Board No. 1. (Rules Committee) Motion No. M16-134 APPROVED by the following vote:

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

161007 [Appointments - Assessment Appeals Board No. 2 - John Lee, Mervin Conlan, and Yosef Tahbazof] Motion reappointing John Lee, Mervin Conlan, and Yosef Tahbazof, terms ending September 5, 2019, to the Assessment Appeals Board No. 2. (Rules Committee) Motion No. M16-135 APPROVED by the following vote:

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

161008 [Appointments - Assessment Appeals Board No. 3 - Shawn Ridgell and James Reynolds] Motion appointing Shawn Ridgell and James Reynolds, terms ending September 5, 2019, to the Assessment Appeals Board No. 3. (Rules Committee) Motion No. M16-136 APPROVED by the following vote:

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

161009 [Appointments - Safer Schools Sexual Assault Task Force - Janelle White, Denise Sicat Wong, J. Ocean Mottley, Amelia Gilbert, Denise Caramagno, and Leslie Simon] Motion appointing Janelle White (residency requirement waived), Denise Sicat Wong (residency requirement waived), J. Ocean Mottley (residency requirement waived), Amelia Gilbert, Denise Caramagno (residency requirement waived), and Leslie Simon, indefinite terms, to the Safer Schools Sexual Assault Task Force. (Rules Committee) Motion No. M16-137 APPROVED by the following vote:

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

161010 [Appointments, Cannabis State Legalization Task Force - Jesse Stout, Erich Pearson, Kevin Reed, Sara Payan, Duncan Talento Ley, Thea Selby, Jon Ballesteros, Barbara Fugate, Tom McElroy, Laura Thomas, Terrance Alan, Sarah Shrader, and Daisy Ozim] Motion appointing Jesse Stout, Erich Pearson, Kevin Reed, Sara Payan, Duncan Talento Ley, Thea Selby, Jon Ballesteros, Barbara Fugate, Tom McElroy, Laura Thomas, Terrance Alan, Sarah Shrader, and Daisy Ozim, terms ending August 31, 2017, to the Cannabis State Legalization Task Force. (Rules Committee) Supervisor Cohen, seconded by Supervisor Farrell, moved that this Motion be AMENDED by striking 'Kevin Reed' as the appointee for seat 11 and adding 'Michael Nolan.' The motion FAILED by the following vote:

Ayes: Cohen

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

Motion No. M16-138 APPROVED by the following vote:

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

06. Anand Subramanian, Executive Director, (Blue Ribbon Panel on Transparency, Accountability, and Fairness in Law Enforcement), Justice Cruz Reynoso (Blue Ribbon Panel member), Ian Bausback, Jaime Bartlett, Ray Marshall, Robert Tarun, and Nicholas Fram (Blue Ribbon Panel working group), Judge LaDoris Cordell (Blue Ribbon Panel member), Deputy Chief Garret Tom and Interim Chief Toney Chaplin (Police Department), and Minister Christopher Muhammad provided an overview on the matter and answered questions raised throughout the discussion. Felicia Jones; Francisco Da Costa; Jean Bridges; Male Speaker; Christopher Dahl; Josefa Perez; Male Speaker; Female Speaker; Sierra Lagoon; Tim Persai; Darrell Rodgers; Eric Calaveras; Karen Fleshman; Tony Robles; Male Speaker; Donna Cord; Male Speaker; Tom Gilberty; Otto Duffy; Male Speaker; Andrew Yip; spoke on various concerns regarding the hearing matter. 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. Supervisor Cohen, seconded by Supervisor Farrell, moved that this Hearing be HEARD AND FILED. The motion carried by the following vote:

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

161048 [Adoption of Findings Related to the Conditional Use Authorization - 2785 San Bruno Avenue] Motion adopting findings in support of the Board of Supervisors’ disapproval of the decision of the Planning Commission by its Motion No. 19702, regarding the 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. M16-139 APPROVED The foregoing items were acted upon by the following vote:

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