Board of Supervisors Minutes: February 14, 2017

161350 [Administrative Code - Dignity Fund Oversight and Advisory Committee] Sponsors: Cohen; Yee Ordinance amending the Administrative Code to set the structure, functions, terms, and administrative support for the Dignity Fund Oversight and Advisory Committee, as required by Charter, Section 16.128-11, adopted as part of Proposition I at the November 8, 2016, general municipal election. Ordinance No. 046-17 FINALLY PASSED 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, Cohen and Farrell Ordinance amending the Administrative, Business and Tax Regulations, and Police Codes to eliminate various fees imposed by the City. Supervisor Farrell requested to be added as a co-sponsor. Ordinance No. 045-17 FINALLY PASSED by the following vote:

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

Noes: None

161354 [Apply for Grants - 2017 Emergency Preparedness Grants] Sponsor: Mayor Resolution authorizing designated City and County officials to execute and file on behalf of the City and County of San Francisco any actions necessary for the purpose of obtaining State and Federal financial assistance under various grant programs, including: the Federal Fiscal Year 2017 Urban Areas Security Initiative Grant, the Federal Fiscal Year 2017 State Homeland Security Grant Program, the 2017 Emergency Management Performance Grant, and the 2017 Local Government Oil Spill Contingency Plan Grant Program. Supervisor Cohen, seconded by Supervisor Kim, moved that this Resolution be CONTINUED to the Board of Supervisors meeting of February 28, 2017. The motion carried by the following vote:

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

Noes: None

nt in the First Year] Resolution authorizing a Sublease for the term of July 1, 2017, through September 30, 2025, at 1440 Harrison Street, with Harrison Assets, LLC, a California limited liability company, for approximately 56,788 square feet at $298,137 monthly for a total first year rent of $3,577,644 which amount shall increase annually on each July 1 beginning in 2018 by 3 percent, and three five-year options to extend, for use by the Human Services Agency. (Real Estate Department) (Fiscal Impact) Privilege of the floor was granted unanimously to Claudia Gorham (Real Estate Division) who responded to questions raised throughout the discussion. Supervisor Yee stated for the record that, if the San Francisco Unified School District is not interested in selling the property at 1440 Harrison Street to the City, the Board is interested in leasing the property directly and a letter to that effect should be sent by the Real Estate Division. President Breed further requested the Real Estate Division to always be sufficiently prepared to answer questions during hearings for all future matters coming before the Board for consideration. Resolution No. 046-17 ADOPTED by the following vote:

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

Noes: None

161073 [Accept and Expend Gift - RDF 75 Howard LP - Citywide Affordable Housing Fund - $6,010,047] Sponsor: Kim Resolution authorizing the Mayor’s Office of Housing and Community Development to accept and expend a gift of $6,010,047 from RDF 75 Howard LP to the Citywide Affordable Housing Fund. Resolution No. 043-17 ADOPTED by the following vote:

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

Noes: None

161266 [Airport Professional Services Agreement Modification No. 3 - Operation and Maintenance Services for the AirTrain System - Not to Exceed $115,444,968] Resolution approving Modification No. 3 to Professional Services Agreement, Airport Contract No. 8838, between Bombardier Transportation (Holdings) USA, Inc., and the City and County of San Francisco, acting by and through its Airport Commission, to exercise the first of two one-year options from March 1, 2017, through February 28, 2018, to provide operation and maintenance services for the AirTrain System, and cover the replacement of obsolete AirTrain parts and equipment, for a new not-to-exceed amount of $115,444,968 pursuant to Charter, Section 9.118(b). (Airport Commission) (Fiscal Impact) Resolution No. 044-17 ADOPTED by the following vote:

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

Noes: None

170009 [Public Auction - Tax-Defaulted Real Property] Resolution authorizing Tax Collector to sell at public auction certain parcels of tax-defaulted real property, as defined herein. (Treasurer-Tax Collector) Resolution No. 047-17 ADOPTED by the following vote:

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

Noes: None

170010 [Contract Amendment - AdvanTel Networks - $15,000,000] Resolution authorizing the Office of Contract Administration to enter into the Fourth Amendment of the contract agreement between the City and County of San Francisco and AdvanTel Networks, to increase the contract limit from $9,900,000 to $15,000,000 for the period of October 13, 2011, through September 30, 2018. (Office of Contract Administration) (Fiscal Impact) Resolution No. 037-17 ADOPTED by the following vote:

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

Noes: None

170011 [Contract Amendment - ComputerLand of Silicon Valley - Technology Marketplace, Tier 1A - $58,000,000] Resolution authorizing the Office of Contract Administration to enter into the Third Amendment to the contract agreement between the City and County of San Francisco and ComputerLand of Silicon Valley, a Technology Marketplace, Tier 1A Generalist contractor, to increase the contract limit from $44,000,000 to $58,000,000 for the period of October 1, 2014, through September 30, 2018. (Office of Contract Administration) (Fiscal Impact) Resolution No. 038-17 ADOPTED by the following vote:

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

Noes: None

170012 [Contract Amendment - En Pointe Technologies Sales, Inc. - Technology Marketplace, Tier 1A - $77,000,000] Resolution authorizing the Office of Contract Administration to enter into the Third Amendment to the contract agreement between the City and County of San Francisco and En Pointe Technologies Sales, Inc., a Technology Marketplace, Tier 1A Generalist contractor, to increase the contract limit from $50,000,000 to $77,000,000 for the period of October 1, 2014, through September 30, 2018. (Office of Contract Administration) (Fiscal Impact) Resolution No. 039-17 ADOPTED by the following vote:

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

Noes: None

170013 [Contract Amendment - Xtech JV - Technology Marketplace, Tier 1A - $94,000,000] Resolution authorizing the Office of Contract Administration to enter into the Third Amendment to the contract agreement between the City and County of San Francisco and Xtech JV, a Technology Marketplace, Tier 1A Generalist contractor, to increase the contract limit from $56,000,000 to $94,000,000 for the period of October 1, 2014, through September 30, 2018. (Office of Contract Administration) (Fiscal Impact) Resolution No. 040-17 ADOPTED by the following vote:

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

Noes: None

170014 [Contract Amendment - InterVision Systems Technologies, Inc. - Technology Marketplace, Tier 1B - $30,000,000] Resolution authorizing the Office of Contract Administration to enter into the Third Amendment of the contract agreement between the City and County of San Francisco and InterVision Systems Technologies, Inc., a Technology Marketplace, Tier 1B Specialist contractor, to increase the contract limit from $15,499,000 to $30,000,000 for the period of October 1, 2014, through September 30, 2018. (Office of Contract Administration) (Fiscal Impact) Resolution No. 041-17 ADOPTED by the following vote:

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

Noes: None

City and County of San Francisco Page 117 Printed at 11:10 am on 3/24/17 Board of Supervisors Meeting Minutes 2/14/2017 Supervisor Safai Excused from Voting Supervisor Safai requested to be excused from voting on File No. 170015, due to a possible conflict of interest. Supervisor Peskin, seconded by Supervisor Farrell, moved that Supervisor Safai be excused from voting on File No. 170015. The motion carried by the following vote:

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

Noes: None

Excused: Safai

170015 [Prevailing Wage Rates - Loading, Unloading, and Driving Commercial Vehicles on City Property] Resolution fixing prevailing wage rates for individuals engaged in loading or unloading on City property of materials, goods, or products into or from a commercial vehicle in connection with a show or special event, and individuals engaged in driving a commercial vehicle into or from which materials, goods, or products are loaded or unloaded on City property in connection with a show or special event. (Civil Service Commission) (Fiscal Impact) Resolution No. 048-17 ADOPTED by the following vote:

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

Noes: None

Excused: Safai

161064 [Administrative, Planning Codes - New Hotels and Motels Near Places of Entertainment] Sponsors: Breed; Farrell Ordinance amending the Administrative and Planning Codes to authorize the Entertainment Commission to hold a hearing on noise issues related to proposed projects for construction of new hotels and motels, or conversions of existing structures to hotel or motel uses, to be located within 300 feet of a Place of Entertainment, and to provide recommendations to the Planning Department and/or Department of Building Inspection regarding such projects, and require the Planning Department and Planning Commission to consider noise issues when reviewing proposed hotel and motel projects; 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 Farrell requested to be added as a co-sponsor. PASSED, ON FIRST READING by the following vote:

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

Noes: None

161352 [Health Code - Sale of Domestic Dogs and Cats] Sponsors: Tang; Farrell and Cohen Ordinance amending the Health Code to prohibit pet stores from selling dogs or cats not obtained from animal rescue organizations or shelters, and prohibiting the sale of puppies or kittens under eight weeks old. Supervisors Farrell and Cohen requested to be added as co-sponsors. PASSED, ON FIRST READING by the following vote:

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

Noes: None

161268 [Liquor License Transfer - 616 Divisadero Street] Resolution determining that the transfer of a Type 48 on-sale general public premises license to Emporium SF, LLC, dba Emporium San Francisco, located at 616 Divisadero Street (District 5), 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) Resolution No. 045-17 ADOPTED by the following vote:

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

Noes: None

forth the process for administration of oaths to individuals testifying before the Board, and to authorize the Government Audit and Oversight Committee to administer oaths. Privilege of the floor was granted unanimously to Jon Givner (Office of the City Attorney) who responded to questions raised throughout the discussion. Supervisor Peskin, seconded by Supervisor Yee, moved that this Motion be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 1, Line 19, by striking ‘a’ and adding ‘the Government Audit and Oversight’, Line 22, by adding ‘City employees testifying in their official capacity and persons testifying during’; on Page 1, Line 25, through Page 2, Line 2, by adding ‘In addition to the authority granted by this Rule, the Board by written motion may authorize any standing committee to administer oaths, consistent with Charter Section 16.114.’; on Page 2, Lines 7-8, by striking ‘members of the general public offering comment during that portion of the meeting’ and adding ‘City employees testifying in their official capacity and persons testifying during public comment’, and Line 9, by striking ‘excluding public comment.’ The motion carried by the following vote:

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

Noes: None

NOT APPROVED AS AMENDED pursuant to Board Rule 3.26.1 that requires an affirmative vote of two-thirds of the Board, by the following vote:

Ayes: Breed, Cohen, Fewer, Kim, Peskin, Safai, Yee

Noes: Farrell, Ronen, Sheehy, Tang

170109 [Confirming Reappointment - City Administrator - Naomi Kelly] Sponsor: Mayor Motion confirming the reappointment of Naomi Kelly, for a five-year term, as City Administrator under Charter, Section 3.104. Motion No. M17-019 APPROVED by the following vote:

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

Noes: None

170118 [Amending Board Rules 3.27 and 3.28 - Striking Board Rule 3.31 - Adding Board Rule 3.29 to Create a Budget and Finance Select Committee on Federal Policy Changes] Sponsors: Breed; Cohen Motion amending the Rules of Order of the Board of Supervisors by making clarifying amendments to Rule 3.27 Public Safety and Neighborhood Services, and Rule 3.28 Land Use and Transportation Committee; striking Rule 3.31 to remove the Joint City and School District Select Committee; and adding Rule 3.33 to create a Budget and Finance Select Committee on Federal Policy Changes. Supervisor Cohen requested to be added as a co-sponsor. Supervisor Breed, seconded by Supervisor Tang, moved that this Motion be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE, on Page 1, Lines 1 and 6, and Page 2, Lines 6 and 7, by changing ‘3.33’ to ‘3.29.’ The motion carried by the following vote:

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

Noes: None

Motion amending the Rules of Order of the Board of Supervisors by making clarifying amendments to Rule 3.27 Public Safety and Neighborhood Services, and Rule 3.28 Land Use and Transportation Committee; striking Rule 3.31 to remove the Joint City and School District Select Committee; and adding Rule 3.29 to create a Budget and Finance Select Committee on Federal Policy Changes. Motion No. M17-020 APPROVED AS AMENDED pursuant to Board Rule 3.26.1 that requires an affirmative vote of two-thirds of the Board, by the following vote:

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

Noes: None

Supervisor Cohen Excused from Voting Supervisor Tang, seconded by Supervisor Safai, moved that Supervisor Cohen be excused from voting on File No. 170146. The motion carried by the following vote:

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

Noes: None

Excused: Cohen

170146 [Appointment, California State Association of Counties - Supervisor Malia Cohen] Motion appointing Supervisor Malia Cohen, for a one-year term, to the California State Association of Counties. (Rules Committee) Motion No. M17-021 APPROVED by the following vote:

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

Noes: None

Excused: Cohen

City and County of San Francisco Page 120 Printed at 11:10 am on 3/24/17 Board of Supervisors Meeting Minutes 2/14/2017 Supervisor Sheehy Excused from Voting Supervisor Yee, seconded by Supervisor Farrell, moved that Supervisor Sheehy be excused from voting on File No. 170147. The motion carried by the following vote:

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

Noes: None

Excused: Sheehy

170147 [Appointment, Bay Area Air Quality Management District Board of Directors - Supervisor Jeff Sheehy] Motion appointing Supervisor Jeff Sheehy, for a four-year term, to the Bay Area Air Quality Management District Board of Directors. (Rules Committee) Motion No. M17-022 APPROVED by the following vote:

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

Noes: None

Excused: Sheehy

170148 [Appointments, Veterans Affairs Commission - Victor Olivieri, Kelsey Campbell, David Chasteen, and Dorothy "Dottie" Guy] Motion appointing Victor Olivieri, Kelsey Campbell, David Chasteen, and Dorothy "Dottie" Guy, for the unexpired portion of four-year terms, to the Veterans Affairs Commission. (Rules Committee) Motion No. M17-023 APPROVED by the following vote:

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

Noes: None

170025 [Affirming the Determination of Infill Project Environmental Review - Proposed Project at 1296 Shotwell Street] Motion affirming the determination by the Planning Department that a proposed infill project at 1296 Shotwell Street is eligible for streamlined environmental review under the California Environmental Quality Act. (Clerk of the Board) Motion No. M17-018 Supervisor Ronen, seconded by Supervisor Peskin, 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

170026 [Conditionally Reversing the Determination of Infill Project Environmental Review - Proposed Project at 1296 Shotwell Street] Motion conditionally reversing the determination by the Planning Department that a proposed infill project at 1296 Shotwell Street is eligible for streamlined environmental review under the California Environmental Quality Act, subject to the adoption of written findings of the Board in support of this determination. (Clerk of the Board) Supervisor Ronen, seconded by Supervisor Peskin, 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

170027 [Preparation of Findings to Reverse the Determination of Infill Project Environmental Review - Proposed Project at 1296 Shotwell Street] Motion directing the Clerk of the Board to prepare findings reversing the determination by the Planning Department that a proposed infill project at 1296 Shotwell Street is eligible for streamlined environmental review under the California Environmental Quality Act. (Clerk of the Board) Supervisor Ronen, seconded by Supervisor Peskin, 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

170065 [Funding Application - Board of State and Community Corrections - Renovation of County Jail No. 2 - $70,000,000 of State Funding - $12,000,000 of Additional City Funding] Resolution authorizing the Sheriff’s Department to submit a funding application to the Board of State and Community Corrections pursuant to California State Senate Bill 844 (2016) for $70,000,000 for a proposed project to renovate County Jail No. 2; outlining the matching cash contribution of $8,200,000 and additional funds of $3,800,000 for a total of $12,000,000 needed for the proposed project; and conditionally approving the form and execution of associated financing and construction documents. (Sheriff) (Fiscal Impact) Privilege of the floor was granted unanimously to Sheriff Vicki Hennessy (Sheriff's Office) and Jon Givner (Office of the City Attorney) who responded to questions raised throughout the discussion. Resolution No. 042-17 ADOPTED by the following vote:

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

Noes: None

wer, Ronen, Kim, Yee, Safai and Cohen Resolution urging the California state legislature to amend the Revenue and Taxation Code to enable local California jurisdictions to levy personal and corporate income taxes, which the City and County of San Francisco could utilize as a sustained source of funding for transportation and public health priorities. Supervisor Peskin, seconded by Supervisor Yee, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE, on Page 1, Line 1, by striking ‘Corporate Income’ and adding ‘Corporation’; on Page 2, Lines 16-21, by adding ‘and WHEREAS, A corporation tax is an alternative to a gross receipts tax, which allows for corporation profits to be taxed as opposed to receipts; and WHEREAS, Both a local income tax and a corporation tax are intended to be included in a menu of options San Francisco could avail itself of to generate sustainable progressive revenue to meet the City’s growth demands;’ and on Page 3, Lines 8-9, by striking ‘with a request to take any and all action necessary to achieve the objectives of this resolution.’ The motion carried by the following vote:

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

Noes: None

Supervisor Peskin, seconded by Supervisor Cohen, moved that this be CONTINUED AS AMENDED to the Board of Supervisors meeting of February 28, 2017. The motion carried by the following vote:

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

Noes: None

170162 [Urging the Planning Commission to Adopt General Plan Amendments Defining Family-Friendly Housing] Sponsors: Yee, Ronen, Safai, Sheehy, Kim, Breed, Peskin, Fewer, Cohen, Farrell and Tang Resolution urging the Planning Commission to initiate amendments to the General Plan’s Housing and Urban Design Elements regarding family-friendly housing. Resolution No. 049-17 ADOPTED by the following vote:

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

Noes: None