Board of Supervisors Minutes: October 25, 2016

161080 [Appointment, Bicycle Advisory Committee - Charles Deffarges] Motion appointing Charles Deffarges, term ending November 19, 2018, or for the tenure of the nominating Supervisor, whichever is shorter in duration, to the Bicycle Advisory Committee. (Rules Committee) Motion No. M16-143 APPROVED The foregoing items were acted upon by the following vote:

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

160963 [Appropriation - General Reserve to Department of Emergency Management - Earthquake Relief in Italy - $100,000] Sponsor: Peskin Ordinance appropriating $100,000 from the General Reserve to Department of Emergency Management to provide relief to earthquake victims in Italy for FY2016-2017. FINALLY PASSED by the following vote:

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

Noes: Breed, Farrell, Tang

Supervisor Cohen, 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

FINALLY PASSED by the following vote:

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

Noes: Cohen, Farrell, Tang

Supervisor Breed, 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

FINALLY PASSED by the following vote:

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

Noes: Breed, Cohen, Farrell, Tang

160749 [Administrative Code - Neighborhood Property Crime Units in Police Department] Sponsors: Yee; Campos Ordinance amending the Administrative Code to create Neighborhood Property Crime Units at District stations in the Police Department. FINALLY PASSED by the following vote:

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

Noes: Cohen, Farrell, Tang, Wiener

160789 [Administrative Code - Updating Job Classifications and Bargaining Units] Sponsor: Mayor Ordinance amending the Administrative Code to reflect changes in job classifications in bargaining units. Privilege of the floor was granted unanimously to Suzanne Mason (Department of Human Resources) 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 30, Line 4, by striking ‘3246 Pianist.’ 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

160980 [Settlement of Lawsuit - Compania Mexicana de Aviacion S.A. de C.V., doing business as Mexicana Airlines - City to Receive $110,249.74] Ordinance authorizing the settlement of the bankruptcy claim filed by the City and County of San Francisco, acting by and through its Airport Commission, against Compania Mexicana de Aviacion S.A. de C.V., doing business as Mexicana Airlines for $110,249.74; the bankruptcy case was filed on August 2, 2010, In re Compania Mexicana de Aviacion, S.A. de C.V., Case No. 10-14182, United States Bankruptcy Court for the Southern District of New York; the City’s claim was filed on January 27, 2015. (City Attorney) FINALLY PASSED by the following vote:

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

160967 [Agreements - Motorola, Inc. - Public Safety Radio System Project; Partial Financing - Total Amount Not to Exceed $76,000,000] Sponsor: Mayor Resolution authorizing the Department of Emergency Management and the Department of Technology to enter into a Purchase and Installation Agreement, and a Maintenance and Support Agreement for a Citywide 800 MHz Radio System with Motorola, Inc., for a total amount not to exceed $76,000,000 with the term of the Purchase and Installation Agreement to commence following Board approval through June 30, 2021, and the term of the Maintenance and Support Agreement to commence following Board approval through September 1, 2035; and to authorize the Director of the Office of Public Finance to procure financing for a portion of the costs of the system through the State of California Department of General Services Golden State Financial Marketplace Program in an amount not to exceed $35,000,000; and determining other matters as defined hererin. (Fiscal Impact) ADOPTED by the following vote:

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

160968 [Accept and Expend Grant - California Governor’s Office of Emergency Services, Elder Abuse Program - $400,000] Sponsor: Farrell Resolution retroactively authorizing the Office of the District Attorney to accept and expend a grant in the amount of $400,000 from the California Governor’s Office of Emergency Services for the Elder Abuse Program for the grant period July 1, 2016, through June 30, 2018. (District Attorney) ADOPTED by the following vote:

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

161035 [Resolution of Intention to Establish Infrastructure and Revitalization Financing District No. 1 (Treasure Island)] Sponsors: Mayor; Kim Resolution of Intention to establish City and County of San Francisco Infrastructure and Revitalization Financing District No. 1 (Treasure Island) and project areas therein to finance the construction and/or acquisition of facilities on Treasure Island and Yerba Buena Island; to provide for annexation; to call a public hearing on December 6, 2016, at 3:00 p.m. on the formation of the district and project areas therein, and to provide public notice thereof; and determining other matters in connection therewith. (Fiscal Impact) Supervisor Peskin, seconded by Supervisor Avalos, moved that this Resolution be CONTINUED to the Board of Supervisors meeting of November 15, 2016. The motion carried by the following vote:

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

161036 [Authorizing the Director of the Office of Public Finance to Prepare an Infrastructure Financing Plan - Infrastructure and Revitalization Financing District No. 1 (Treasure Island)] Sponsors: Mayor; Kim Resolution authorizing and directing the Director of the Office of Public Finance, or designee thereof, to prepare an infrastructure financing plan for City and County of San Francisco Infrastructure Financing District No. 1 (Treasure Island) and project areas therein; and determining other matters in connection therewith. (Fiscal Impact) Supervisor Peskin, seconded by Supervisor Avalos, moved that this Resolution be CONTINUED to the Board of Supervisors meeting of November 15, 2016. The motion carried by the following vote:

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

161037 [Resolution of Intention to Issue Bonds Related to Infrastructure and Revitalization Financing District No. 1 (Treasure Island)] Sponsors: Mayor; Kim Resolution of intention to issue bonds for City and County of San Francisco Infrastructure and Revitalization Financing District No. 1 (Treasure Island); and determining other matters in connection therewith. (Fiscal Impact) Supervisor Peskin, seconded by Supervisor Avalos, moved that this Resolution be CONTINUED to the Board of Supervisors meeting of November 15, 2016. The motion carried by the following vote:

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

161038 [Resolution of Intention to Establish Community Facilities District No. 2016-1 (Treasure Island)] Sponsors: Mayor; Kim Resolution of Intention to establish City and County of San Francisco Community Facilities District No. 2016-1 (Treasure Island), Improvement Area No. 1 and a Future Annexation Area; to call a public hearing on December 6, 2016, at 3:00 p.m. on the formation of the district, and to provide public notice thereof; and determining other matters in connection therewith. Supervisor Peskin, seconded by Supervisor Avalos, moved that this Resolution be CONTINUED to the Board of Supervisors meeting of November 15, 2016. The motion carried by the following vote:

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

161039 [Resolution of Intention to Incur Bonded Indebtedness - Communities Facilities District No. 2016-1 (Treasure Island) - Not to Exceed $5,000,000,000] Sponsors: Mayor; Kim Resolution of intention to incur bonded indebtedness and other debt in an amount not to exceed $5,000,000,000 for the City and County of San Francisco Community Facilities District No. 2016-1 (Treasure Island); and determining other matters in connection therewith. Supervisor Peskin, seconded by Supervisor Avalos, moved that this Resolution be CONTINUED to the Board of Supervisors meeting of November 15, 2016. The motion carried by the following vote:

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

161040 [Communications Agreement - Bay Area Rapid Transit - Extend Commercial Fiber and Cellular Infrastructure to San Francisco Municipal Transportation Agency Underground System] Sponsors: Breed; Tang Resolution authorizing the San Francisco Municipal Transportation Agency (SFMTA) to execute a Communications Agreement with Bay Area Rapid Transit District (BART) allowing BART to negotiate license agreements with telecommunications carriers on behalf of the SFMTA to extend BART’s existing underground commercial fiber and cellular infrastructure to the SFMTA underground system for a 15-year term plus two five-year options. ADOPTED by the following vote:

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

160962 [Police Code - Limited Live Performance Permits - Union Street Neighborhood Commercial District] Sponsor: Farrell Ordinance amending the Police Code to allow the Director of the Entertainment Commission to extend from 10:00 p.m. until 11:00 p.m. the hours during which Live Performances may be presented at Limited Live Performance Locales in the Union Street Neighborhood Commercial District; 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, Mar, Peskin, Tang, Wiener, Yee

160965 [Planning, Green Building Codes - Better Roof Requirements, Including Living Roofs] Sponsors: Wiener; Cohen Ordinance amending the Planning Code and Green Building Code to establish requirements for certain new building construction facilitating development of renewable energy facilities and living roofs; setting an operative date of January 1, 2017; providing findings as to local conditions pursuant to the California Health and Safety Code; 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 Cohen 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

ing Controls - Large Residential Projects in RH-1, RH-2, and RH-3 Zoning Districts] Sponsor: Wiener Resolution extending, for an additional six-month period, interim zoning controls in the RH-1, RH-2, and RH-3 zoning districts within a perimeter established by Market Street, Clayton Street, Ashbury Street, Clifford Terrace, Roosevelt Way, Museum Way, the eastern property line of Assessor's Parcel Block No. 2620, Lot No. 063, the eastern property line of Assessor's Parcel Block No. 2619, Lot No. 001A, and Douglass Street, requiring Conditional Use authorization for: any residential development on a vacant parcel that will result in total residential square footage exceeding 3,000 gross square feet; any new residential development on a developed parcel that will increase the existing gross square footage in excess of 3,000 square feet and by more than 75% without increasing the existing legal unit count, or more than 100% if increasing the existing legal unit count; and for any residential development that results in greater than 55% total lot coverage; and affirming the Planning Department’s determination under the California Environmental Quality Act. ADOPTED by the following vote:

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

160210 [Liquor License - 644 Broadway Street] Resolution determining that the issuance of a Type 64 general theatre license to Boxcar Theatre, Inc. dba Boxcar Theatre, located at 644 Broadway Street (District 3), will serve the public convenience or necessity of 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) ADOPTED by the following vote:

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

160344 [Liquor License Transfer - 3499 Mission Street] Resolution determining that the transfer of a Type 21 off-sale general license to Billy Goat Liquor, LLC dba Billy Goat Liquor, LLC, located at 3499 Mission Street (District 9), 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) ADOPTED by the following vote:

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

161023 [Portola as San Francisco’s Garden District - Supporting the Portola Green Plan] Sponsors: Campos; Avalos, Cohen and Mar Resolution recognizing the Portola neighborhood as San Francisco’s Garden District and supporting the implementation of the Portola Green Plan. Supervisors Cohen and Mar requested to be added as co-sponsors. ADOPTED by the following vote:

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

160964 [Administrative Code - Pedestrian Safety Advisory Committee] Sponsors: Wiener; Cohen Ordinance amending the Administrative Code to change the membership requirements for the Pedestrian Safety Advisory Committee, and to establish a sunset date for the Advisory Committee. Supervisor Cohen 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

161058 [Reappointment, Cannabis State Legalization Task Force - Jennifer Garcia] Motion appointing Jennifer Garcia (residency requirement waived), term ending August 31, 2017, to the Cannabis State Legalization Task Force. (Rules Committee) Motion No. M16-144 APPROVED by the following vote:

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

161059 [Reappointments, Health Authority - Eddie Chan and Maria Luz Torre] Motion reappointing Eddie Chan and Maria Luz Torre, terms ending January 15, 2019, to the San Francisco Health Authority. (Rules Committee) Motion No. M16-145 APPROVED by the following vote:

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

161061 [Appointments, Workforce Community Advisory Committee - Elizabeth Jackson-Simpson, Debra Gore-Mann, and Villy Wang] Motion appointing Elizabeth Jackson-Simpson, Debra Gore-Mann (residency requirement waived), and Villy Wang, for two-year terms ending October 25, 2018, to the Workforce Community Advisory Committee. (Rules Committee) Motion No. M16-146 APPROVED by the following vote:

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

ting to the determination of exemption from environmental review under the California Environmental Quality Act, issued as a Community Plan Exemption by the Planning Department on July 12, 2016, and approved by Planning Commission Motion No. 19727 on August 11, 2016, for the proposed project located at 1515 South Van Ness Avenue, to allow demolition of an existing building and new construction of a 55- to 65-foot-tall, five- to six-story development with a total area of 180,277 square feet that includes 138,922 square feet of residential uses for up to 157 dwelling units, 5,241 square feet of commercial space, and a 32,473 square-foot garage for parking. (District 9) (Appellant: J. Scott Weaver, on behalf of the Calle 24 Latino Cultural District Community Council) (Filed September 12, 2016). (Clerk of the Board) President Breed inquired as to whether any member of the public wished to address the Board relating to a proposed continuance by the appellant and project sponsor. There were no speakers. Supervisor Campos, seconded by Supervisor Farrell, moved that this Hearing be CONTINUED to the Board of Supervisors meeting of November 15, 2016. The motion carried by the following vote:

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

161002 [Affirming the Community Plan Exemption Determination for a Proposed Project at 1515 South Van Ness Avenue] Motion affirming the determination by the Planning Department that a proposed project at 1515 South Van Ness Avenue is exempt from further environmental review under a Community Plan Exemption. (Clerk of the Board) Supervisor Campos, seconded by Supervisor Farrell, moved that this Motion be CONTINUED to the Board of Supervisors meeting of November 15, 2016. The motion carried by the following vote:

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

161003 [Reversing the Community Plan Exemption Determination for a Proposed Project at 1515 South Van Ness Avenue] Motion reversing the determination by the Planning Department that a proposed project at 1515 South Van Ness Avenue is exempt from further environmental review under a Community Plan Exemption. (Clerk of the Board) Supervisor Campos, seconded by Supervisor Farrell, moved that this Motion be CONTINUED to the Board of Supervisors meeting of November 15, 2016. The motion carried by the following vote:

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

161004 [Preparation of Findings to Reverse the Community Plan Exemption Determination for a Proposed Project at 1515 South Van Ness Avenue] Motion directing the Clerk of the Board to prepare findings reversing a Community Plan Exemption determination by the Planning Department that a proposed project at 1515 South Van Ness Avenue is exempt from further environmental review. (Clerk of the Board) Supervisor Campos, seconded by Supervisor Farrell, moved that this Motion be CONTINUED to the Board of Supervisors meeting of November 15, 2016. The motion carried by the following vote:

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

160424 [Planning Code, Zoning Map - Sign Regulations] Sponsors: Peskin; Cohen Ordinance amending the Planning Code to correct and update provisions, delete obsolete or redundant sections, amend the definitions of Historic Sign and Wind Sign, reinstate the distinction between Historic and Vintage Signs, and further restrict the areas where General Advertising Signs are permitted; amending the Zoning Map to delete the Showplace Square Special Sign District, the South of Market General Advertising Special Sign District, the Hamm’s Building Historic Special Sign District, and the Candlestick Park Special Sign District, and to delete the related Code sections; 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 Cohen 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

160553 [Planning Code - Signs - Exemptions and General Advertising Sign Penalties] Sponsors: Peskin; Mar Ordinance amending the Planning Code to clarify that all noncommercial Signs are exempt from regulation pursuant to Planning Code, Article 6; increase penalties for repeat violations for the display of illegal General Advertising Signs; shorten the time before penalties for General Advertising Sign violations begin to accrue; allow property liens for such penalties that go unpaid; 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 a finding of public necessity, convenience, and welfare under Planning Code, Section 302. 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

161106 [Final Map 8633 - 645 Texas Street] Sponsor: Cohen Motion approving Final Map 8633, a one lot subdivision for a 91 residential unit and one commercial unit mixed-use condominium project, located at 645 Texas Street, being a subdivision of Assessor’s Parcel Block No. 4102, Lot No. 026; and adopting findings pursuant to the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Public Works) Supervisor Cohen requested to be added as the sponsor. Motion No. M16-151 APPROVED The foregoing items were acted upon by the following vote:

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

161133 [Condemning Hate Speech Targeting Muslims] Sponsors: Avalos; Kim, Farrell, Mar, Campos, Yee, Tang and Cohen Resolution condemning violence and hate speech, expressing solidarity with Muslims and all those targeted for their ethnicity, race, or religion. Supervisor Cohen requested to be added as a co-sponsor. ADOPTED by the following vote:

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