Board of Supervisors Minutes: November 1, 2016

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. FINALLY PASSED The foregoing items were acted upon by the following vote:

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

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. FINALLY PASSED by the following vote:

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

160222 [Administrative Code - Prohibition on Leasing for the Extraction of Fossil Fuels] Sponsors: Avalos; Breed, Campos, Cohen, Kim, Mar, Peskin, Wiener, Yee, Tang and Farrell Ordinance amending the Administrative Code to prohibit the City from entering into or extending leases for the extraction of fossil fuel from City-owned land, and requiring inspections of any such land and evaluation of constructive future uses for such land. (Fiscal Impact) Supervisor Avalos, seconded by Supervisor Mar, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, by adding reference to approval of California Environmental Quality Act findings. The motion carried by the following vote:

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

(Fiscal Impact) Supervisor Avalos, seconded by Supervisor Mar, moved that this Ordinance be RE-REFERRED AS AMENDED to the Land Use and Transportation Committee meeting of November 14, 2016. The motion carried by the following vote:

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

161034 [Administrative Code - Infant and Toddler Early Learning Scholarship Fund] Sponsors: Yee; Kim, Avalos, Mar, Tang and Campos Ordinance amending the Administrative Code to establish the Infant and Toddler Early Learning Scholarship Fund. PASSED, ON FIRST READING by the following vote:

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

160956 [Agreement Amendment - JobAps, Inc. - Software Support Services - Not to Exceed $2,237,020] Resolution authorizing the Controller to enter into the tenth amendment of a software license and support agreement with JobAps, Inc., increasing the contract term of November 27, 2006, through November 26, 2016, by two years through November 26, 2018, and increasing the maximum expenditure by $612,350 to an amount not to exceed $2,237,020. (Controller) (Fiscal Impact) ADOPTED by the following vote:

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

161011 [Public Utilities Commission - 2016 Issuance Water Revenue Bonds - Aggregate Principal Amount Not to Exceed $295,000,000] Resolution approving the issuance of water revenue bonds in an aggregate principal amount not to exceed $295,000,000 to be issued by the Public Utilities Commission of the City and County of San Francisco pursuant to prior ordinances and the Charter of the City and County of San Francisco; affirming covenants contained in the indenture pursuant to which water revenue bonds are issued; authorizing the taking of appropriate actions in connection therewith; and related matters, as defined herein. (Public Utilities Commission) (Fiscal Impact) ADOPTED by the following vote:

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

161031 [Customer Generation Agreement - Pacific Gas and Electric Company - Solar Power Project - 2055 Silver Avenue] Resolution authorizing the General Manager of the Public Utilities Commission to enter into a Customer Generation Agreement with Pacific Gas and Electric Company for a Solar Power Project at Willie Brown Middle School at 2055 Silver Avenue, to continue indefinitely, unless terminated. (Public Utilities Commission) ADOPTED by the following vote:

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

161041 [Air Rights Lease - 250 Fremont Street - T8 Housing Partners, L.P. - Transbay Block 8 Affordable Housing - $15,000 per Year] Sponsor: Kim Resolution approving and authorizing the Successor Agency to the Redevelopment Agency of the City and County of San Francisco to execute a lease of an air rights parcel at 250 Fremont Street, with T8 Housing Partners, L.P., a California limited partnership, for a less than fair market value rent of approximately $15,000 per year for 75 years, for the purpose of developing housing for very low-income households. (Fiscal Impact) ADOPTED by the following vote:

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

of and authorizing the execution of funding loan agreements providing the terms and conditions of the multifamily housing revenue notes and authorizing the execution and delivery thereof; approving the form of and authorizing the execution of one or more regulatory agreements and declarations of restrictive covenants; approving the forms of and authorizing the execution of certain loan documents; approving the forms of and authorizing the execution of an indenture of trust providing the terms and conditions of the variable rate multifamily housing revenue bonds and authorizing the execution and delivery thereof; approving the form of and authorizing the execution of a bond purchase agreement for such bonds; approving the form of and authorizing an official statement for such bonds and authorizing the distribution thereof; authorizing the collection of certain fees; ratifying and approving any action heretofore taken in connection with the bonds, the notes and the projects; granting general authority to City officials to take actions necessary to implement this Resolution, subject to the terms of this Resolution; and related matters, as defined herein. ADOPTED by the following vote:

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

161071 [Agreement - Department of Public Health - Whole Person Care Pilots Program] Sponsor: Mayor Resolution authorizing the Director of Health to sign an agreement, on behalf of the City and County of San Francisco, with the California Department of Health Care Services for participation in the Whole Person Care Pilots Program to fund coordination of health, behavioral health, and social services in a patient-centered manner with the goal of improved beneficiary health and wellbeing through more efficient and effective use of resources. ADOPTED by the following vote:

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

sing and Community Development (the “Director”) to submit an application and related documents to the California Debt Limit Allocation Committee (“CDLAC”) to permit the issuance of residential mortgage revenue bonds in an aggregate principal amount not to exceed $16,000,000 for 2800 Arelious Walker Drive; 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 $16,000,000; 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. ADOPTED by the following vote:

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

161115 [Accept and Expend Grant - Friends of San Francisco Public Library - Annual Grant Award, FY2016-2017 - Up to $763,355 of In-Kind Gifts, Services, and Cash Monies] Sponsor: Mayor Resolution retroactively authorizing the San Francisco Public Library to accept and expend a grant in the amount of up to $763,355 of in-kind gifts, services, and cash monies from the Friends of the San Francisco Public Library for direct support for a variety of public programs and services in FY2016-2017. ADOPTED by the following vote:

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

161128 [Issuance of Bonds - California Statewide Communities Development Authority - Hebrew Home for Aged Disabled, dba Jewish Home of San Francisco - Not to Exceed $150,000,000] Sponsor: Avalos Resolution approving in accordance with Internal Revenue Code, Section 147(f), the issuance of revenue bonds by the California Statewide Communities Development Authority in an aggregate principal amount not to exceed $150,000,000 to finance the cost of the acquisition, construction, renovation, equipping, and furnishing of facilities owned and managed by the Hebrew Home for Aged Disabled, dba Jewish Home of San Francisco, a California nonprofit public benefit corporation, in connection with the provision of senior residential and care services. ADOPTED by the following vote:

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

161129 [Authorizing Interim Financing - Peninsula Corridor Joint Powers Board - Peninsula Corridor Electrification Project - up to $150,000,000] Sponsor: Cohen Resolution authorizing interim financing by the Peninsula Corridor Joint Powers Board for the Peninsula Corridor Electrification Project, in an aggregate principal amount not to exceed $150,000,000 outstanding at any one time. ADOPTED by the following vote:

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

161131 [Issuance and Sale of Revenue Obligations - Association of Bay Area Governments - Presidio Knolls School Project - Not to Exceed $30,000,000] Sponsor: Kim Resolution approving for purposes of Section 147(f) of the Internal Revenue Code of 1986, as amended, the issuance and sale of revenue obligations by the Association of Bay Area Governments Finance Authority for Nonprofit Corporations in an aggregate principal amount not to exceed $30,000,000 to finance or refinance the costs of the acquisition, demolition, construction, renovation, equipping and/or furnishing of preK-8 educational facilities to be owned and operated by Presidio Knolls School. ADOPTED by the following vote:

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

160301 [Liquor License Transfer - 447 Bush Street] Resolution determining that the transfer of a Type 48 on-sale general public premises license to 451 Bush Street, Inc., dba FLUXUS from 1 Embarcadero Center to 447 Bush Street (District 3), 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. (Government Audit and Oversight Committee) ADOPTED by the following vote:

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

160558 [Grant Agreement - Broadway Sansome Associates, L.P. - Municipal Transportation Agency Rent Subsidies - Not to Exceed $1,192,320] Sponsor: Peskin Resolution authorizing the Director of the Mayor’s Office of Housing and Community Development to execute a Grant Agreement with Broadway Sansome Associates, L.P., to provide Municipal Transportation Agency rent subsidies for 12 permanently displaced low-income households at 255 Broadway Street, for a 30-year period to commence following Board approval, in an amount not to exceed $1,192,320. (Fiscal Impact) Privilege of the floor was granted unanimously to Dillon Auyoung (Municipal Transportation Agency) who responded to questions raised throughout the discussion. ADOPTED by the following vote:

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

160756 [Acknowledging the Establishment of Yerba Buena Gardens Conservancy] Sponsor: Kim Resolution acknowledging the establishment of a new public benefit civic nonprofit Yerba Buena Gardens Conservancy to assume long-term operating and management responsibility for Yerba Buena Gardens under a master lease with the City of San Francisco. (Fiscal Impact) Privilege of the floor was granted unanimously to Jon Givner (Office of the City Attorney) who responded to questions raised throughout the discussion. ADOPTED by the following vote:

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

160615 [Board Response - Civil Grand Jury - Into the Open: Opportunities for More Timely and Transparent Investigations of Fatal San Francisco Police Department Officer-Involved Shootings] Motion responding to the Civil Grand Jury’s request to provide a status update on the Board of Supervisors response to Recommendation No. R.5.D 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) Motion No. M16-152 APPROVED by the following vote:

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

160820 [Planning Code - Landmark Designation - 1345 Ocean Avenue (aka Ingleside Presbyterian Church and the Great Cloud of Witnesses)] Sponsors: Yee; Breed and Avalos Ordinance designating 1345 Ocean Avenue (aka Ingleside Presbyterian Church and the Great Cloud of Witnesses), Assessor's Parcel Block No. 6942, Lot No. 050, as a Landmark under Planning Code, Article 10; affirming the Planning Department’s determination under the California Environmental Quality Act; and making findings under Planning Code, Section 302, and findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Historic Preservation Commission) Supervisors Breed and Avalos requested to be added as co-sponsors. PASSED, ON FIRST READING by the following vote:

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

160821 [Planning Code - Amending Landmark Designation - 140 Maiden Lane (aka V. C. Morris Gift Shop)] Sponsor: Peskin Ordinance amending the Landmark Designation of 140 Maiden Lane (aka V. C. Morris Gift Shop), Assessor’s Parcel Block No. 0309, Lot No. 019, under Planning Code, Article 10; affirming the Planning Department’s determination under the California Environmental Quality Act; and making environmental findings, findings of public necessity, convenience and welfare, and findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Historic Preservation Commission) PASSED, ON FIRST READING by the following vote:

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

inistrative, Public Works, Police Codes - Places for People Program; Permit Fee] Sponsors: Wiener; Tang and Mar Ordinance amending the Administrative Code to establish a Places for People Program that coordinates the City’s authorization of public gatherings and activities and their associated temporary physical improvements on City-owned property, the public right-of-way, and associated privately-owned space in connection with certain public space improvements; provides a process for identifying private Stewards to create and activate the public space and be responsible for managing the events and other activities occurring there; streamlines the process for reviewing proposals and issuing any required permits; and establishes a People Place Permit Fee; amending the Public Works Code to establish a regulatory process for authorizing a People Place on the public right-of-way; amending the Police Code definition of a Limited Live Performance Locale to include People Places; and affirming the Planning Department’s determination under the California Environmental Quality Act. Supervisors Tang and Mar requested to be added as co-sponsors. PASSED, ON FIRST READING by the following vote:

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

160954 [Amending Ordinance No. 1061 - Sidewalk Width Change - Portions of De Haro Street Between 15th and 16th Street] Ordinance amending Ordinance No. 1061, entitled “Regulating the Width of Sidewalks,” to change the official sidewalk width along the easterly side of De Haro Street between 15th Street and 16th Street, fronting Assessor’s Parcel Block No. 3938, Lot No. 001; adopting findings 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. (Public Works) PASSED, ON FIRST READING by the following vote:

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

160944 [Building Code - Repeal of Existing 2013 Code and Enactment of 2016 Edition] Ordinance repealing the 2013 Building Code in its entirety and enacting a 2016 Building Code consisting of the 2016 California Building Code and the 2016 California Residential Code, as amended by San Francisco; adopting environmental findings and findings of local conditions under the California Health and Safety Code; providing for an operative date of January 1, 2017; and directing the Clerk of the Board to forward the legislation to the California Building Standards Commission as required by State law. (Building Inspection Commission) PASSED, ON FIRST READING by the following vote:

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

160945 [Building Code - Residential Building Requirements] Ordinance adding the provisions of the 2016 California Residential Code with local amendments into various chapters of the 2016 San Francisco Building Code, and adding Chapter 36 to the Building Code to serve as a directory of where such provisions may be found; adopting environmental findings and findings of local conditions under the California Health and Safety Code; providing for an operative date of January 1, 2017; and directing the Clerk of the Board to forward the legislation to the California Building Standards Commission as required by State law. (Building Inspection Commission) PASSED, ON FIRST READING by the following vote:

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

160946 [Electrical Code - Repeal of Existing 2013 Code and Enactment of 2016 Edition] Ordinance repealing the 2013 Electrical Code in its entirety and enacting a 2016 Electrical Code consisting of the 2016 California Electrical Code as amended by San Francisco; adopting environmental findings and findings of local conditions under the California Health and Safety Code; providing an operative date of January 1, 2017; and directing the Clerk of the Board of Supervisors to forward the legislation to the California Building Standards Commission as required by State law. (Building Inspection Commission) PASSED, ON FIRST READING by the following vote:

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

160947 [Existing Building Code - Enactment of New Code] Ordinance enacting a 2016 San Francisco Existing Building Code consisting of the 2016 California Existing Building Code with San Francisco amendments; adopting environmental findings and findings of local conditions under the California Health and Safety Code; providing for an operative date of January 1, 2017; and directing the Clerk of the Board to forward the legislation to the California Building Standards Commission as required by State law. (Building Inspection Commission) PASSED, ON FIRST READING by the following vote:

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

160948 [Green Building Code - Repeal of Existing 2013 Code and Enactment of 2016 Edition] Ordinance repealing the 2013 Green Building Code in its entirety and enacting a 2016 Green Building Code consisting of the 2016 California Green Building Standards Code as amended by San Francisco; adopting environmental findings and findings of local conditions under the California Health and Safety Code; providing for an operative date of January 1, 2017; and directing the Clerk of the Board of Supervisors to forward the legislation to the California Building Standards Commission as required by State law. (Building Inspection Commission) PASSED, ON FIRST READING by the following vote:

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

160949 [Mechanical Code - Repeal of Existing 2013 Code and Enactment of 2016 Edition] Ordinance repealing the 2013 Mechanical Code in its entirety and enacting a 2016 Mechanical Code consisting of the 2016 California Mechanical Code as amended by San Francisco; adopting environmental findings and findings of local conditions under the California Health and Safety Code; providing an operative date of January 1, 2017; and directing the Clerk of the Board of Supervisors to forward the legislation to the California Building Standards Commission as required by State law. (Building Inspection Commission) PASSED, ON FIRST READING by the following vote:

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

160950 [Plumbing Code - Repeal of Existing 2013 Code and Enactment of 2016 Edition] Ordinance repealing the 2013 Plumbing Code in its entirety and enacting a 2016 Plumbing Code consisting of the 2016 California Plumbing Code as amended by San Francisco; adopting environmental findings and findings of local conditions under the California Health and Safety Code; providing an operative date of January 1, 2017; and directing the Clerk of the Board of Supervisors to forward the legislation to the California Building Standards Commission as required by State law. (Building Inspection Commission) PASSED, ON FIRST READING by the following vote:

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

161082 [Fire Code - Repeal of Existing 2013 Code and Enactment of 2016 Edition] Ordinance repealing the current San Francisco Fire Code in its entirety and enacting a new 2016 San Francisco Fire Code, consisting of the 2016 California Fire Code, as amended by San Francisco, and portions of the 2015 International Fire Code, with an operative date of January 1, 2017; adopting findings of local conditions pursuant to California Health and Safety Code, Section 17958.7; directing the Clerk of the Board of Supervisors to forward San Francisco’s amendments to the California Building Standards Commission and State Fire Marshal; and making environmental findings. (Fire Department) PASSED, ON FIRST READING by the following vote:

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

161033 [Administrative Code - Extending Balboa Park Station Area Plan Community Advisory Committee] Sponsor: Avalos Ordinance amending the Administrative Code to codify the Balboa Park Station Area Plan Community Advisory Committee, establish its size and membership, set terms and term limits for its members, and extend its sunset date to February 28, 2020. PASSED, ON FIRST READING by the following vote:

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

161062 [Appointments, Public Utilities Revenue Bond Oversight Committee - Robert Leshner and Tim Cronin] Motion appointing Robert Leshner, term ending November 12, 2019, and Tim Cronin, term ending November 12, 2020, to the Public Utilities Revenue Bond Oversight Committee. (Rules Committee) Motion No. M16-153 APPROVED by the following vote:

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

161171 [Committee of the Whole - Resolution of Necessity to Acquire a Lease by Eminent Domain - Central Shops Relocation - 1975 Galvez Avenue - November 29, 2016] Motion scheduling the Board of Supervisors to sit as a Committee of the Whole on November 29, 2016, at 3:00 p.m., to hold a public hearing on a Resolution of Necessity authorizing the acquisition of a lease at the real property commonly known as 1975 Galvez Avenue, Assessor’s Parcel Block No. 5250, Lot No. 016, by eminent domain for the public purpose of completing and constructing the Central Shops Relocation. (Clerk of the Board) Motion No. M16-155 APPROVED The foregoing items were acted upon by the following vote:

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

161169 [Commending New York Governor Andrew Cuomo, State Senator Liz Krueger and State Assembly Member Linda Rosenthal for New York Assembly Bill A8704C] Sponsor: Peskin Resolution commending New York State Senator Liz Krueger and Assembly Member Linda Rosenthal for co-sponsoring and passing New York State Assembly Bill A8704C, relating to prohibiting advertising for the use of dwelling units in class A multiple-dwelling buildings in New York City, and New York Governor Andrew Cuomo for signing it into law on October 21, 2016. NOT ADOPTED by the following vote:

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

Noes: Cohen, Tang, Wiener

Excused: Farrell

Supervisor Kim, seconded by Supervisor Mar, moved to rescind the previous vote. The motion carried by the following vote:

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

Excused: Farrell