Board of Supervisors Minutes: March 14, 2017

170002 [General Plan Amendment - Commerce and Industry Element; Guidelines for Eating and Drinking Establishments] Ordinance amending the Commerce and Industry Element of the General Plan to update the guidelines regarding overconcentration of Eating and Drinking Establishments in a single area; 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. (Planning Commission) (Supervisor Peskin dissented in Committee.) FINALLY PASSED by the following vote:

Ayes: Breed, Cohen, Farrell, Ronen, Safai, Sheehy, Tang, Yee

Noes: Fewer, Kim, Peskin

170003 [Planning Code, Zoning Map - Upper Market Street Districts] Sponsor: Sheehy Ordinance amending the Planning Code to revise Sectional Map ZN07 of the Zoning Map to delete the Upper Market Street Neighborhood Commercial (NC) District and reclassify Assessor's Parcel Block No. 2623, Lot No. 006, at 376 Castro Street and Assessor's Parcel Block No. 2623, Lot No. 091, at 2416-2420 Market Street, from the Upper Market NC District to the Upper Market Street Neighborhood Commercial Transit (NCT) District; revising several sections of Article 4 to include the entirety of the Upper Market Street NCT District, including portions outside of the Market and Octavia Plan Area; affirming the Planning Department’s determination under the California Environmental Quality Act; making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1; and adopting findings of public convenience, necessity, and welfare under Planning Code, Section 302. (Planning Commission) FINALLY PASSED by the following vote:

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

170094 [Administrative Code - Affordable Housing Cash-Out Proceeds Restriction] Sponsor: Farrell Ordinance amending the Administrative Code to require that all cash-out proceeds received by an owner of an affordable housing development supported in whole or in part by taxpayer funds shall be used only for residential and tenant services and the creation, development, and preservation of affordable housing. Supervisor Farrell, seconded by Supervisor Safai, moved that this Ordinance be CONTINUED ON FIRST READING to the Board of Supervisors meeting of March 21, 2017. The motion carried by the following vote:

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

170004 [Administrative Code - Amending Local Hiring Policy to Set Percentages] Sponsor: Fewer Ordinance amending the Administrative Code to move the Local Hiring Policy from Chapter 6 to a new Chapter 82, set mandatory participation levels for project work hours permanently at 30% for all projects covered by the policy, clarify language regarding application of the policy to projects outside of San Francisco, change the due date for annual reports regarding the policy from March 1 to April 1, and make other clarifications to the policy. (City Administrator) PASSED, ON FIRST READING by the following vote:

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

170128 [Conceptual Term Sheet Endorsement - JPPF OP Acquisitions, LLC (“Jamestown”) - Proposed Lease of Pier 29 Bulkhead] Sponsor: Mayor Resolution endorsing the Conceptual Term Sheet between the Port and JPPF OP Acquisitions, LLC (“Jamestown”) for a proposed 15-year lease of approximately 20,000 square feet of space at the Pier 29 Bulkhead Building, located at Chestnut Street and the Embarcadero. (Port) Supervisor Peskin, seconded by Supervisor Tang, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 3, Line 6, by adding ‘Board of Supervisors urges the’ after ‘That the’, Line 7, by striking ‘shall’ and adding ‘to’, Line 9, by adding ‘Board of Supervisors urges the’ after ‘That the’, Line 10 by striking ‘shall’ and adding ‘to’, Line 13, by adding ‘the Board of Supervisors urges the Port Commission that’ after ‘That’, Line 19, by striking ‘Port Commission shall provide a written report to the Board of Supervisors’ and adding ‘Board of Supervisors urges the Port Commission to provide a written report’. The motion carried by the following vote:

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

ADOPTED AS AMENDED by the following vote:

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

170129 [Cooperative Agreement - State of California Department of Transportation (Caltrans) - Design and Construction of the Lombard Street Vision Zero Project (State Route 101)] Sponsor: Farrell Resolution approving the Cooperative Agreement between San Francisco and the State of California Department of Transportation (Caltrans) concerning the design and construction of the Lombard Street Vision Zero Project, including pedestrian safety, transit improvements, and utility upgrades along Lombard Street (State Route 101) between Francisco Street and Van Ness Avenue; and making environmental findings. (Public Works) (Fiscal Impact) ADOPTED by the following vote:

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

170031 [Administrative Code - Retention of Department of Building Inspection Records] Sponsor: Peskin Ordinance amending the Administrative Code to require the Department of Building Inspection to retain certain records permanently. PASSED, ON FIRST READING by the following vote:

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

ic equity’ before ‘portfolio’ and ‘based on SEC-mandated ratios of compensation; and, be it’, and Line 24, by striking ‘as well as a’ before ‘review’ and ‘of’ before ‘racial’, and adding ‘FURTHER RESOLVED, That the report also’, and Line 25, by adding ‘at the executive level’ after ‘diversity’; and Page 4, Line 5, by adding ‘the Board of Supervisors urges’ before ‘SFERS’ and ‘to’ before ‘use’, Line 6, by striking ‘in voting against the Board of Directors (of publically traded companies)’ and adding ‘voting’ before ‘power’, Lines 7-9, by adding ‘in Say-on-Pay votes to limit excessive compensation for executive management of those companies in the SFERS public equity portfolio companies, using SFERS-determined guidelines on incentives and compensation ratios’, Lines 9-10, by striking ‘when reviewing excessive pay packages for executives’, Line 10- by striking ‘lists’ and adding ‘report those’ before ‘companies’, Line 11, by striking ‘on excessive pay for top executives of companies’, and Line 14, by adding ‘voting’ after ‘proxy’, striking ‘in voting to’ after ‘power’, striking ‘within’ after ‘diversity’ and adding ‘on the’ before ‘corporate’. The motion carried by the following vote:

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

ADOPTED AS AMENDED by the following vote:

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

170181 [Fisherman's Wharf and Fisherman's Wharf Portside Community Benefit Districts - Annual Report for FY2015-2016] Sponsor: Peskin Resolution receiving and approving the annual report for the Fisherman's Wharf Community Benefit District and Fisherman's Wharf Portside Community Benefit District for FY2015-2016, submitted as required by the Property and Business Improvement District Law of 1994 (California Streets and Highways Code, Sections 36600 et seq.), Section 36650, and the Districts' management agreements with the City, Section 3.4. ADOPTED by the following vote:

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

170182 [Greater Union Square Business Improvement District - Annual Report for FY2015-2016] Sponsor: Peskin Resolution receiving and approving the annual report for the Greater Union Square Business Improvement District for FY2015-2016, submitted as required by the Property and Business Improvement District Law of 1994 (California Streets and Highways Code, Sections 36600, et seq.), Section 36650, and the District’s management agreement with the City, Section 3.4. ADOPTED by the following vote:

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

170184 [Castro/Upper Market Community Benefit District - Annual Report for FY2015-2016] Sponsor: Sheehy Resolution receiving and approving the annual report for the Castro/Upper Market Community Benefit District for FY2015-2016, submitted as required by the Property and Business Improvement District Law of 1994 (California Streets and Highways Code, Sections 36600, et seq.), Section 36650, and the District’s management agreement with the City, Section 3.4. ADOPTED by the following vote:

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

170110 [Setting the Budget 2017 and Legislative Analyst Services Audit Plan - Department of Public Health] Sponsors: Safai; Ronen Motion directing the Budget and Legislative Analyst to conduct a management audit in 2017 of the Department of Public Health’s Community Behavioral Health Services, including profile of inpatient and outpatient behavioral services provided to San Francisco residents, service utilization over the past ten years and the Department’s projections for future utilization, current and projected future costs and funding sources, the Department’s assessment of current and behavioral health needs, the Department’s practices to plan and prioritize for current and future behavioral health services, the Department’s quality management and measurement of outcomes, and the Department’s behavioral services provided through Jail Health Services. Supervisor Ronen requested to be added as a co-sponsor. Motion No. M17-036 APPROVED by the following vote:

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

170111 [Setting the 2017 Budget and Legislative Analyst Services Audit Plan - Police Department] Sponsors: Yee; Ronen and Fewer Motion directing the Budget and Legislative Analyst to conduct a performance audit in 2017 of the Police Department’s allocation of police staff resources funded by the General Fund, including evaluating the staffing levels and efficient deployment of uniform staff to best meet public safety needs, and allocation of uniform staff to administrative and patrol duties. Supervisor Fewer requested to be added as a co-sponsor. Motion No. M17-037 APPROVED by the following vote:

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

170164 [Setting the 2017 Budget and Legislative Analyst Services Work Plan] Sponsor: Kim Motion approving the Budget and Legislative Analyst Services work plan for 2017, which allocates hours for calendar year 2017, authorizes the Budget and Legislative Analyst to reallocate up to 20% of the hours between service categories based on Board of Supervisors service needs, and requires Board of Supervisors approval for reallocation of hours greater than 20%; and establishes performance goals and sets a date for the 2017 annual performance evaluation of the Budget and Legislative Analyst Joint Venture Partnership. Motion No. M17-038 APPROVED by the following vote:

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

170028 [Planning Code, Zoning Map - Calle 24 Special Use District] Sponsors: Mayor; Ronen Ordinance amending the Planning Code to create the Calle 24 Special Use District, and revising the Zoning Map to reflect the Calle 24 Special Use District generally bounded by 22nd Street, Potrero Avenue, Cesar Chavez Street, and Capp Street, as well as 24th Street to Bartlett Street, and as more specifically defined in this Ordinance; 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 Ronen, seconded by Supervisor Peskin, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 2, Lines 3-6, by adding ‘(c) Pursuant to Planning Code Section 302, this Board finds that the Planning Code and Zoning Map amendments will serve the public necessity, convenience, and welfare for the reasons set forth in Planning Commission Resolution No. 19851, and the Board incorporates such reasons herein by reference.’ The motion carried by the following vote:

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

PASSED ON FIRST READING AS AMENDED by the following vote:

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

160041 [Liquor License - 456 Larkin Street as an Extension of 460 Larkin Street] Resolution determining that the issuance of a Type 48 on-sale general public premises license to Donegal All Blacks, LLC, dba Harry Harrington’s Pub, located at 456 Larkin Street, as an extension of an existing business at located at 460 Larkin Street (District 6), 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: Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee

170049 [Mental Health Services Act Annual Update - FY2016-2017] Resolution authorizing adoption of the Mental Health Services Act Annual Update FY2016-2017. (Public Health Department) ADOPTED by the following vote:

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

170163 [Reappointment, Successor Agency Commission (Commonly Known as Commission on Community Investment and Infrastructure) - Miguel Bustos] Motion confirming the Mayor’s reappointment of Miguel Bustos to the Successor Agency Commission (commonly known as the Commission on Community Investment and Infrastructure), for the unexpired portion of a four-year term ending November 3, 2020. (Rules Committee) (Ordinance No. 215-12, Section 6(b), provides that this member shall be appointed by the Mayor and subject to confirmation by the majority of the Board of Supervisors. There is no deadline for confirmation and the appointment is not effective until the Board takes action. Transmittal date: January 31, 2017) Motion No. M17-039 APPROVED by the following vote:

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

170166 [Reappointment, Successor Agency Commission (Commonly Known as Commission on Community Investment and Infrastructure) - Leah Pimentel] Motion confirming the Mayor’s reappointment of Leah Pimentel to the Successor Agency Commission (commonly known as the Commission on Community Investment and Infrastructure), for the unexpired portion of a four-year term ending November 3, 2020. (Rules Committee) (Ordinance No. 215-12, Section 6(b), provides that this member shall be appointed by the Mayor and subject to confirmation by the majority of the Board of Supervisors. There is no deadline for confirmation and the appointment is not effective until the Board takes action. Transmittal date: January 31, 2017) Motion No. M17-041 APPROVED by the following vote:

Ayes: Breed, Cohen, Farrell, Fewer, Safai, Sheehy, Tang, Yee

Noes: Kim, Peskin, Ronen

170167 [Reappointment, Successor Agency Commission (Commonly Known as Commission on Community Investment and Infrastructure) - Darshan Singh] Motion confirming the Mayor’s reappointment of Darshan Singh to the Successor Agency Commission (commonly known as the Commission on Community Investment and Infrastructure), for the unexpired portion of a four-year term ending November 3, 2020. (Rules Committee) (Ordinance No. 215-12, Section 6(b), provides that this member shall be appointed by the Mayor and subject to confirmation by the majority of the Board of Supervisors. There is no deadline for confirmation and the appointment is not effective until the Board takes action. Transmittal date: January 31, 2017) Motion No. M17-040 APPROVED by the following vote:

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

170225 [Appointments, Bicycle Advisory Committee - Devon Warner, Marc Brandt, Ann Brask, Melyssa Mendoza, Mary Kay Chin, Bert Hill, Diane Serafini, Catherine Orland, Paul Wells and Jeffrey Taliaferro] Motion appointing Devon Warner, Marc Brandt, Ann Brask, Melyssa Mendoza, Mary Kay Chin, Bert Hill, Diane Serafini, Catherine Orland, Paul Wells and Jeffrey Taliaferro, for the unexpired portions of two-year terms ending November 19, 2018, to the Bicycle Advisory Committee. (Rules Committee) Motion No. M17-042 APPROVED by the following vote:

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

170226 [Appointments, Golden Gate Bridge, Highway and Transportation District - Sabrina Hernandez, Bert Hill, Richard Grosboll, and Michael Theriault] Motion appointing Sabrina Hernandez, Bert Hill, Richard Grosboll, and Michael Theriault, for the unexpired portions of two-year terms ending January 31, 2019, to the Golden Gate Bridge, Highway and Transportation District. (Rules Committee) Motion No. M17-043 APPROVED by the following vote:

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

170227 [Appointments, Local Homeless Coordinating Board - Laura Guzman and Sophia Isom] Motion appointing Laura Guzman (residency requirement waived), for the unexpired portion of four-year term ending October 21, 2019, and Sophia Isom (residency requirement waived), for the unexpired portion of four-year term ending October 21, 2018, to the Local Homeless Coordinating Board. (Rules Committee) Motion No. M17-044 APPROVED by the following vote:

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

170160 [Transportation, Public Works Codes - Unauthorized Bicycle Violations, Stationless Bicycle Share Program] Sponsors: Peskin; Farrell Ordinance amending Division I of the Transportation Code to establish a violation for bicycles that are a part of a Stationless Bicycle Share Program, to be parked, left standing, or left unattended on any sidewalk, street, or public right-of-way under the jurisdiction of the San Francisco Municipal Transportation Agency (SFMTA) or Public Works (PW) without a permit issued by the SFMTA authorizing the bicycle to be parked, left standing, or left unattended at that location; amending the Public Works Code to authorize PW to take any necessary enforcement action to abate or remove unauthorized bicycles that are part of an unpermitted Stationless Bicycle Share Program, that are parked, left standing, or left unattended on any sidewalk, street, or public right-of-way under the jurisdiction of PW or the SFMTA in violation of the Transportation Code; 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

170186 [Urging California State Legislature and Governor to Pass California State Assembly Bill 342 (Chiu) - Automated Speed Enforcement] Sponsors: Yee; Kim, Safai, Peskin and Sheehy Resolution urging the California State Legislature and Governor to pass California State Assembly Bill 342, introduced by Assembly Member Chiu, authorizing a five-year pilot of Automated Speed Enforcement technology in the City and County of San Francisco and the City of San Jose. ADOPTED by the following vote:

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

170199 [Easement Agreement - Pacific Gas and Electric Company - Northern Border of 1975 Galvez Street - $1.00] Resolution approving an Easement Agreement between the City and County of San Francisco and the Pacific Gas and Electric Company, consisting of 3,660 square feet of land running east to west along the northern border of 1975 Galvez Street for $1.00; making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1; and authorizing the Director of Property to execute documents, make certain modifications, and take certain actions in furtherance of this Resolution, as defined herein. (Real Estate Department) ADOPTED by the following vote:

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

170238 [Final Map 8685 - 359-363 Waller Street] Motion approving Final Map 8685, a six residential unit condominium project, located at 359-363 Waller Street, being a subdivision of Assessor’s Parcel Block No. 0868, Lot No. 028, and adopting findings pursuant to the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Public Works) Motion No. M17-048 APPROVED The foregoing items were acted upon by the following vote:

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

170244 [Urging the Treasurer/Tax Collector to Update the Socially Responsible Investment Matrix] Sponsors: Fewer; Ronen, Kim, Yee, Sheehy, Tang, Peskin, Safai and Cohen Resolution urging the Office of the Treasurer/Tax Collector to immediately update the City’s socially responsible investment matrix by adding financing of the Dakota Access Pipeline as a screening factor. ADOPTED by the following vote:

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