Board of Supervisors Minutes: January 31, 2017

opment Agreement between the City and County of San Francisco, the Housing Authority of the City and County of San Francisco, and Sunnydale Development Co., LLC, for the Sunnydale HOPE SF Project at the approximately 50-acre site located in Visitacion Valley and generally bounded by McLaren Park to the north, Crocker Amazon Park to the west, Hahn Street to the east, and Velasco to the south; confirming the Development Agreement’s compliance with, or waiving certain provisions of, Administrative Code, Chapters 14B, 29, and 56; approving the use of impact fees and exactions for improvements and other community benefits, as set forth in the Development Agreement, and waiving any conflicting fee provisions in Planning Code, Article 4; ratifying past actions taken in connection with the Development Agreement; authorizing further actions taken consistent with the Ordinance; making findings under the California Environmental Quality Act; and making findings of conformity with the General Plan, and with the eight priority policies of Planning Code, Section 101.1. (Economic Impact) (Fiscal Impact) Ordinance No. 018-17 FINALLY PASSED The foregoing items were acted upon by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

Noes: None

161270 [Settlement of Lawsuit - Bradley Bishop - $750,000] Ordinance authorizing settlement of the lawsuit filed by Bradley Bishop against the City and County of San Francisco for $750,000; the lawsuit was filed on February 9, 2015, in San Francisco Superior Court, Case No. CGC-15-544028; entitled Bradley Bishop v. City and County of San Francisco, et al.; the lawsuit involves a medical malpractice claim; other material terms of the settlement are: City and County of San Francisco to waive offset of $13,891.80 for unpaid services, and Regents of the University of California to pay $1,750,000. (City Attorney) PASSED, ON FIRST READING by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

Noes: None

170005 [Settlement of Lawsuit - The Regents of the University of California - $473,530.02 Credit] Ordinance authorizing settlement of the lawsuit filed by The Regents of the University of California against the City and County of San Francisco for $473,530.02; the lawsuit was filed on September 22, 2015, in San Francisco Superior Court, Case No. CGC-15-548090; entitled The Regents of the University of California v. City and County of San Francisco; the lawsuit involves a refund for overbilling; other material terms of the settlement are that the refund will be in the form of a credit against future charges for water service. (City Attorney) PASSED, ON FIRST READING by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

Noes: None

161120 [Forming Infrastructure and Revitalization Financing District No. 1 (Treasure Island) - Adopting an Infrastructure Financing Plan] Sponsor: Mayor Ordinance forming City and County of San Francisco Infrastructure and Revitalization Financing District No. 1 (Treasure Island); and adopting an Infrastructure Financing Plan for such district. Ordinance No. 021-17 FINALLY PASSED by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

Noes: None

161126 [Levying Special Taxes - Community Facilities District No. 2016-1 (Treasure Island)] Sponsor: Mayor Ordinance levying special taxes within the City and County of San Francisco Community Facilities District No. 2016-1 (Treasure Island). Ordinance No. 022-17 FINALLY PASSED by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

Noes: None

161344 [Appropriation - General Reserve - Fund Immigration-Related Legal Services - FY2016-2017 - $1,500,000] Sponsor: Mayor Ordinance appropriating $1,500,000 from the General Reserve to the Mayor’s Office of Housing and Community Development, City Administrator’s Office of Civic Engagement and Immigrant Affairs, and Human Rights Commission to fund legal representation, pathways to citizenship, public outreach, and rapid response social services in FY2016-2017. (Fiscal Impact) Ordinance No. 032-17 FINALLY PASSED by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

Noes: None

161272 [Settlement of Lawsuits and Supplemental Appropriation - Coral Construction, Inc., and Schram Construction, Inc. - $1,432,098 Settlement - $716,049 Appropriation] Ordinance authorizing settlement of attorneys’ fees claims in the consolidated lawsuits filed by Coral Construction, Inc., and Schram Construction, Inc., against the City and County of San Francisco for $1,432,098; the Coral lawsuit was filed on September 12, 2000, in San Francisco Superior Court, Case No. CPF-01-319549; entitled Coral Construction Inc. v. John L. Martin, et al.; the Schram lawsuit was filed on June 10, 2003, in San Francisco Superior Court, Case No. CGC-03-421249; entitled Schram Construction, Inc. v. City & County of San Francisco, et al.; the lawsuits challenged whether Administrative Code, Chapter 12D.A, complies with the California Constitution; and appropriating $716,049 from the Wastewater Enterprise fund balance for this purpose. (City Attorney) (Supervisor Breed dissented in committee.) Ordinance No. 030-17 FINALLY PASSED by the following vote:

Ayes: Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

Noes: Breed

Real Estate Division), Viktoriya Wise (Municipal Transportation Agency), and Ben Rosenfield, Controller (Office of the City Controller), who responded to questions raised throughout the discussion. Supervisor Safai requested the Department of Public Health and the Municipal Transportation Agency report back to the Board within 30 days regarding long-term parking solutions related to this project. Supervisor Kim requested the Department of Public Health report back to the Board within 90 days regarding a financing plan related to this project. Supervisor Kim further requested the Controller place $10 million on Budget and Finance Reserve for future release as the project progresses and issues are addressed; Controller Rosenfield concurred. Supervisor Ronen, seconded by Supervisor Tang, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, by adding language to reflect the University of California, San Francisco's commitment to permanently maintain 130 parking spaces for faculty and staff at the Mission Bay Campus, to offset the 130 parking spaces that will be removed at the San Francisco General Hospital Campus. The motion carried by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

Noes: None

PASSED ON FIRST READING AS AMENDED by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

Noes: None

161225 [Business and Tax Regulations Code - Business Registration with Tax Collector] Ordinance amending the Business and Tax Regulations Code to remove the $100 minimum penalty from one of the penalties for failing to register with the Tax Collector; and to remove the fee and administrative requirements for obtaining a duplicate registration certificate. (Treasurer-Tax Collector) (Fiscal Impact) PASSED, ON FIRST READING by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

Noes: None

161311 [Waiving Fiscal Feasibility Study and Determination Requirements - Airport Development Plan, Except for Individual Projects as Required by Administrative Code, Chapter 29] Ordinance exempting the proposed Airport Development Plan from Administrative Code, Chapter 29, including from the requirements for a fiscal feasibility study and a Board of Supervisors fiscal feasibility determination prior to initiating environmental review, but retaining requirements for possible future individual projects under the Recommended Airport Development Plan which would otherwise be subject to Administrative Code, Chapter 29. (Airport Commission) (Fiscal Impact) PASSED, ON FIRST READING by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

Noes: None

161316 [Administrative, Business and Tax Regulations, Police Codes - Elimination of Fees] Sponsors: Yee; Ronen and Cohen Ordinance amending the Administrative, Business and Tax Regulations, and Police Codes to eliminate various fees imposed by the City. PASSED, ON FIRST READING by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

Noes: None

161343 [Appropriation - Proceeds from Lease Financing - Public Safety Radio System Project - FY2016-2017 - $34,184,136] Sponsor: Mayor Ordinance appropriating $34,184,136 of lease financing to the Department of Emergency Management for Public Safety Radio System Project in FY2016-2017, and placing the total appropriation of $34,184,136 on Controller’s Reserve pending proceeds from the lease financing. (Fiscal Impact) PASSED, ON FIRST READING by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

Noes: None

161182 [Prevailing Wage Rates - Various Workers Performing Work Under City Contracts] Resolution fixing prevailing wage rates for workers performing work under City contracts for public work and improvement; workers performing work under City contracts for janitorial services; workers performing work in public off-street parking lots, garages, or storage facilities for automobiles on property owned or leased by the City; workers engaged in theatrical or technical services for shows on property owned by the City; workers engaged in the hauling of solid waste generated by the City in the course of City operations, pursuant to a contract with the City; workers performing moving services under City contracts at facilities owned or leased by the City; workers engaged in exhibit, display, or trade show work at a special event on property owned by the City; and workers engaged in broadcast services on property owned by the City. (Civil Service Commission) (Fiscal Impact) Resolution No. 024-17 ADOPTED by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

Noes: None

161248 [Accept and Expend Grant - Association of Bay Area Governments - Bay Area Regional Energy Network Program Activities - $546,258] Sponsor: Mayor Resolution retroactively authorizing the Department of the Environment to accept and expend grant funds from the Association of Bay Area Governments in the amount of $546,258 for calendar year 2017, to perform various activities as part of a Bay Area Regional Energy Network program, an energy efficiency program for the term of January 1, 2017, through December 31, 2017. (Environment) Resolution No. 025-17 ADOPTED by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

Noes: None

161295 [Accept In-Kind Grant - San Francisco Parks Alliance - John McLaren Bike Park, Phase I - $147,268] Sponsor: Mayor Resolution authorizing the San Francisco Recreation and Park Department to accept an in-kind grant of $147,268 from the San Francisco Parks Alliance to support the John McLaren Bike Park. (Recreation and Park Department) Resolution No. 034-17 ADOPTED by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

Noes: None

161319 [Accept and Expend Grant - California Department of Public Health - Prescription Drug Overdose Prevention Project - $434,777] Sponsor: Mayor Resolution retroactively authorizing the San Francisco Department of Public Health to accept and expend a grant in the amount of $434,777 from the California Department of Public Health to participate in a program entitled Prescription Drug Overdose Prevention Project for the period of July 1, 2016, through August 31, 2019. Resolution No. 026-17 ADOPTED by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

Noes: None

161321 [Accept and Expend Grant - San Francisco Community Clinic Consortium - Health Care for the Homeless - Oral Health Expansion - $207,500] Sponsor: Mayor Resolution retroactively authorizing the Department of Public Health to accept and expend a grant in the amount of $207,500 from San Francisco Community Clinic Consortium to participate in a program entitled Health Care for the Homeless - Oral Health Expansion, for the period of January 1, 2016, through December 31, 2016; and waiving indirect costs. Resolution No. 027-17 ADOPTED by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

Noes: None

161322 [Accept and Expend Grant - California Department of Health - California Project LAUNCH - $367,968] Sponsor: Farrell Resolution retroactively authorizing the San Francisco Department of Public Health to accept and expend a grant in the amount of $367,968 from California Department of Public Health to participate in a program entitled California Project LAUNCH for the period of December 1, 2015, through June 30, 2019; and waiving indirect costs. Resolution No. 028-17 ADOPTED by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

Noes: None

170016 [Emergency Declaration - Temporary Replacement and Repair of Dewatering Equipment - Oceanside Wastewater Treatment Plant - Total Estimated Cost of Work and Contract $435,450] Resolution approving an emergency declaration of the San Francisco Public Utilities Commission (SFPUC) pursuant to Administrative Code, Section 21.15(c), for the temporary replacement and repair of the dewatering equipment at the Oceanside Wastewater Treatment Plant, with a total estimated cost of $435,450. (Public Utilities Commission) (Fiscal Impact) Resolution No. 031-17 ADOPTED by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

Noes: None

ning Commission) Supervisors Farrell, Breed, and Safai requested to be added as co-sponsors. Privilege of the floor was granted unanimously to Wade Wietgrefe and Corey Teague (Planning Department), Jon Givner (Office of the City Attorney), and Viktoriya Wise and Carli Paine (Municipal Transportation Agency) who responded to questions raised throughout the discussion. Supervisor Cohen, seconded by Supervisor Peskin, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 9, Line 7, by changing ‘a’ to ‘any’, and adding ‘or Development Agreement’ after ‘Development Application’; and Lines 20-25, by adding ‘For all projects that require a community meeting occur prior to project application, the Project Sponsor shall discuss potential TDM measures and program standards at that meeting and solicit feedback from the local community to be taken into consideration in preparing the proposed TDM Plan for submittal to the Planning Department. If the Planning Department requires any preliminary application or assessment prior to the project application, the project sponsor shall submit a draft TDM plan at that time.’ The motion carried by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

Noes: None

PASSED ON FIRST READING AS AMENDED by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

Noes: None

161165 [Subdivision Code - Requirements for Communications Services Facilities] Sponsor: Farrell Ordinance amending the Subdivision Code to require that the design of a subdivision for a tentative map or parcel map provide for communications services facilities to each parcel; and affirming the Planning Department’s determination under the California Environmental Quality Act. PASSED, ON FIRST READING by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

Noes: None

o update the Hotel Conversion Ordinance, including: adding or refining definitions of tourist and transit use, comparable unit, conversion, and low-income household; revising procedures for permits to convert residential units; harmonizing fees and penalty provisions with the Building Code; eliminating seasonal short-term rentals for residential hotels that have violated provisions of the Hotel Conversion Ordinance in the previous year; authorizing the Department of Building Inspection to issue administrative subpoenas; adding an operative date; and affirming the Planning Department’s determination under the California Environmental Quality Act. Supervisor Yee requested to be added as a co-sponsor. Supervisor Peskin, seconded by Supervisor Ronen, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 8, Line 25, through Page 9, Line 1, by adding ‘along with a graphic floorplan reflecting room designations for each floor’; on Page 9, Lines 5-6, by adding ‘and update the graphic floorplan on file with the Department of Building Inspection’; and Page 14, Line 10, by adding ‘including the graphic floorplan’. The motion carried by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

Noes: None

PASSED ON FIRST READING AS AMENDED by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

Noes: None

161366 [Affirming the Approval of a Final Mitigated Negative Declaration - Proposed Project at 950-974 Market Street] Motion affirming the approval by the Planning Commission of a Final Mitigated Negative Declaration under the California Environmental Quality Act, for a proposed project at 950-974 Market Street. (Clerk of the Board) Motion No. M17-006 Supervisor Sheehy, seconded by Supervisor Tang, moved that this Motion be APPROVED. The motion carried by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

Noes: None

161367 [Conditionally Reversing the Approval of a Final Mitigated Negative Declaration - Proposed Project at 950-974 Market Street] Motion conditionally reversing the approval by the Planning Commission of a Final Mitigated Negative Declaration under the California Environmental Quality Act for a proposed project at 950-974 Market Street, subject to the adoption of written findings in support of such determination. (Clerk of the Board) Supervisor Sheehy, seconded by Supervisor Tang, moved that this Motion be TABLED. The motion carried by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

Noes: None

161368 [Preparation of Findings to Reverse the Approval of a Final Mitigated Negative Declaration - Proposed Project at 950-974 Market Street] Motion directing the Clerk of the Board to prepare findings reversing the Planning Commission’s approval of a Final Mitigated Negative Declaration under the California Environmental Quality Act for a proposed project at 950-974 Market Street. (Clerk of the Board) Supervisor Sheehy, seconded by Supervisor Tang, moved that this Motion be TABLED. The motion carried by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

Noes: None

ened in closed session at the hour of 6:15 p.m. and the following Supervisors were noted present: Supervisors Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, and Yee Persons in attendance: Jon Givner (Office of the City Attorney); Lawanna Preston, Suzanne Mason, and Micki Callahan, Director (Department of Human Resources); Ben Rosenfield, Controller (Office of the City Controller); Mawuli Tugbenyoh (Mayor’s Office); Angela Calvillo, Clerk of the Board, and Alisa Somera (Office of the Clerk of the Board) The matter was heard in closed session and the President declared that no action was taken. RECONVENED AS THE BOARD OF SUPERVISORS The Board reconvened at the hour of 6:27 p.m. and the following Supervisors were noted present: Supervisors Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, and Yee HEARD IN CLOSED SESSION [Elect Not to Disclose] Motion that the Board finds that it is in the best interest of the public that the Board elect at this time not to disclose its closed session deliberations. Supervisor Peskin, seconded by Supervisor Yee, moved not to disclose its Closed Session deliberations. The motion carried by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

Noes: None

170112 [Committee of the Whole - Housing for Families with Children - March 7, 2017] Sponsors: Yee; Fewer and Sheehy Motion scheduling the Board of Supervisors to sit as a Committee of the Whole on March 7, 2017, at 3:00 p.m., to hear and discuss findings and recommendations made by the Planning Department on the Housing for Families with Children Report and Family-Friendly Design Guidelines. Supervisors Fewer and Sheehy requested to be added as co-sponsors. Motion No. M17-007 APPROVED The foregoing items were acted upon by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

Noes: None

170124 [United Against Discrimination Based on Religion and National Origin] Sponsor: Safai Resolution declaring that the City And County Of San Francisco is united against discriminatory immigration and refugee policies based on religion and national origin. President Breed inquired as to whether any member of the public wished to address the Board relating to the Resolution declaring that the City and County of San Francisco is united against discriminatory immigration and refugee policies based on religion and national origin as referenced in File No. 170124. Lee Randazzo; expressed his support for the proposed Resolution. The President declared public comment closed. Resolution No. 033-17 ADOPTED by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

Noes: None