Board of Supervisors Minutes: March 21, 2017

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

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

170073 [Memorandum of Understanding - Municipal Attorneys Association] Sponsor: Mayor Ordinance adopting and implementing Amendment No. 1 to the 2014-2017 Memorandum of Understanding between the City and County of San Francisco and the Municipal Attorneys Association, to implement base wage increases for FYs 2017-2018 and 2018-2019, and extend the term of the agreement through June 30, 2019. FINALLY PASSED 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. 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. Privilege of the floor was granted unanimously to Jon Givner (Office of the City Attorney) and Amy Chan (Mayor's Office of Housing and Community Development) who responded to questions raised throughout the discussion. Supervisor Farrell, seconded by Supervisor Tang, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE, by removing developer fees from this requirement; applying the requirement to any funds provided by the Mayor’s Office of Housing and Community Development that are outstanding; and specifying how these funds may be expended. The motion carried by the following vote:

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

Ordinance amending the Administrative Code to require that, so long as any funds provided by the Mayor's Office of Housing and Community Development are outstanding, cash-out proceeds may not be expended for participating in, supporting, or attempting to influence a political campaign for any candidate or ballot measure. Supervisor Peskin, seconded by Supervisor Farrell, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE, on Page 1, Line 8, Page 3, Line 16, and Page 4, Line 14, by striking ‘for any candidate or ballot measure’ and adding ‘for any ballot measure.’ The motion carried by the following vote:

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

Ordinance amending the Administrative Code to require that, so long as any funds provided by the Mayor's Office of Housing and Community Development are outstanding, cash-out proceeds may not be expended for participating in, supporting, or attempting to influence a political campaign for any ballot measure. NOT PASSED ON FIRST READING AS AMENDED by the following vote:

Ayes: Farrell, Sheehy, Tang

Noes: Breed, Cohen, Fewer, Kim, Peskin, Ronen, Safai, Yee

170097 [Accept and Expend Grant - Federal Emergency Management Agency - Rapid Deployment Dock - $60,524] Sponsor: Mayor Resolution authorizing the Fire Department to accept and expend a grant in the amount of $60,524 from the Federal Emergency Management Agency to purchase a rapid deployment dock, for the period of September 1, 2016, to August 31, 2019. (Fire Department) ADOPTED by the following vote:

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

170098 [Accept and Expend Grant - Federal Emergency Management Agency - Dive Boat - $769,922] Sponsor: Mayor Resolution authorizing the Fire Department to accept and expend a grant in the amount of $769,922 from the Federal Emergency Management Agency to purchase a dive boat for the period of September 1, 2015, to August 31, 2018. (Fire Department) (Fiscal Impact) ADOPTED by the following vote:

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

170101 [Accept and Expend Grant - Federal Emergency Management Agency - Fire Investigation Equipment Grant - $134,858] Sponsor: Ronen Resolution retroactively authorizing the Fire Department to accept and expend a grant in the amount of $134,858 from the Federal Emergency Management Agency to purchase equipment for its Fire Investigations unit, for the grant term of July 29, 2016, through July 28, 2017. (Fire Department) ADOPTED by the following vote:

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

170105 [Accept Gift - Galindo Installation and Moving Services - Police Department District Stations and Facilities - Valued at $207,950] Sponsor: Sheehy Resolution authorizing the Police Department to accept a gift of furniture from Galindo Installation and Moving Services, valued at $207,950 for use at district stations and facilities throughout the San Francisco Police Department. (Police Department) ADOPTED by the following vote:

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

170106 [Accept Gift - Galindo Installation and Moving Services - Police Department District Stations and Facilities - Valued at $18,770] Sponsor: Sheehy Resolution authorizing the Police Department to accept a gift of furniture from Galindo Installation and Moving Services, valued at $18,770 for use at district stations and facilities throughout the Police Department. (Police Department) ADOPTED by the following vote:

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

Recommendations of the Government Audit and Oversight Committee Supervisor Farrell Excused from Voting Supervisor Farrell requested to be excused from voting on File No. 170158, due to a possible conflict of interest. Supervisor Peskin, seconded by Supervisor Yee, moved that Supervisor Farrell be excused from voting on File No. 170158. The motion carried by the following vote:

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

Excused: Farrell

170158 [Administrative Code - Short-Term Residential Rentals] Sponsors: Peskin; Breed Ordinance amending the Administrative Code to revise the Residential Unit Conversion Ordinance to require Hosting Platforms to exercise reasonable care in verifying that a residential unit is on the City Registry prior to accepting a fee for booking a short-term rental transaction; and affirming the Planning Department’s determination under the California Environmental Quality Act. PASSED ON FIRST READING by the following vote:

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

Excused: Farrell

170185 [Noe Valley Community Benefit District - Annual Report for FY2015-2016] Sponsor: Sheehy Resolution receiving and approving the annual report for the Noe Valley 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

170220 [Ocean Avenue Community Benefit District - Annual Report to the City - FY2015-2016] Sponsor: Yee Resolution receiving and approving the annual report for the Ocean Avenue 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

ate Income Tax] Sponsors: Peskin; Fewer, 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 Breed dissented in Committee.) Supervisor Peskin, seconded by Supervisor Ronen, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE, on Page 1, Line 1, by striking ‘California Local Jurisdictions’ and adding ‘San Francisco’, and Line 4, by striking ‘local California jurisdictions’ and adding ‘San Francisco’; on Page 2, Lines 1-3, by adding ‘WHEREAS, The State Legislature has expressed concerns about the potential for the federal government to lower the federal income tax, particularly for high-wage earners, which will only further exacerbate our growing income inequality in California; and’; and Page 3, Line 10, by striking ‘California cities’ and adding ‘San Francisco’, and adding ‘local personal or’ after ‘levy a’. The motion carried by the following vote:

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

Resolution urging the California state legislature to amend the Revenue and Taxation Code to enable San Francisco 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. ADOPTED AS AMENDED by the following vote:

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

Noes: Breed, Farrell

Supervisor Sheehy, seconded by Supervisor Farrell, moved to rescind the previous vote. 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: Cohen, Fewer, Kim, Peskin, Ronen, Safai, Tang, Yee

Noes: Breed, Farrell, Sheehy

m Street, to allow the demolition of three two-story warehouse and storage structures, and construction of a four-story, 40-foot tall residential building of approximately 109,917 square feet, within the UMU (Urban Mixed Use), RH-2 (Residential Housing, Two Family), and RH-3 (Residential Housing, Three Family) Zoning Districts and a 40-X Height and Bulk District. (District 9) (Appellant: J. Scott Weaver, on behalf of Calle 24 Latino Cultural District Community Council) (Filed October 21, 2016) (Clerk of the Board) President Breed opened the public hearing and Supervisor Ronen provided opening remarks indicating she will make a motion to continue this matter to a later date. Laura Clark; Male Speaker; Vincent; Male Speaker; Larry Mazzola; Male Speaker; Female Speaker; Theodore; Ray Hartz; Scott Hyper; Female Speaker; Nancy Cross; Crystal Marti; Layla Soon; Doug Berg; Carlos Newman; David Pilpel; Tom Gilberty; spoke on various concerns regarding the proposed continuance. There were no other speakers. Supervisor Ronen, seconded by Supervisor Cohen, moved that this Hearing be CONTINUED OPEN to the Board of Supervisors meeting of April 18, 2017. The motion carried by the following vote:

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

161147 [Affirming the Community Plan Exemption Determination - Proposed Project at 2675 Folsom Street] Motion affirming the determination by the Planning Department that a proposed project at 2675 Folsom Street is exempt from further environmental review under a Community Plan Exemption. (Clerk of the Board) Supervisor Ronen, seconded by Supervisor Cohen, moved that this Motion be CONTINUED to the Board of Supervisors meeting of April 18, 2017. The motion carried by the following vote:

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

161148 [Conditionally Reversing the Community Plan Exemption Determination - Proposed Project at 2675 Folsom Street] Motion conditionally reversing the determination by the Planning Department that a proposed project at 2675 Folsom Street does not require further environmental review under a Community Plan Exemption, subject to the adoption of written findings of the Board in support of this determination. (Clerk of the Board) Supervisor Ronen, seconded by Supervisor Cohen, moved that this Motion be CONTINUED to the Board of Supervisors meeting of April 18, 2017. The motion carried by the following vote:

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

161149 [Preparation of Findings to Reverse the Community Plan Exemption Determination - Proposed Project at 2675 Folsom Street] Motion directing the Clerk of the Board to prepare findings reversing a Community Plan Exemption determination by the Planning Department that a proposed project at 2675 Folsom Street does not require further environmental review. (Clerk of the Board) Supervisor Ronen, seconded by Supervisor Cohen, moved that this Motion be CONTINUED to the Board of Supervisors meeting of April 18, 2017. The motion carried by the following vote:

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

170213 [Purchase and Sale Agreement - SF Prosperity 2, LLC - 1660 Mission Street and 1680 Mission Street - $52,000,000] Sponsor: Mayor Resolution approving a purchase and sale agreement by and between the City and County of San Francisco and SF Prosperity 2, LLC, for the sale of City-owned properties located at 1660 Mission Street and 1680 Mission Street for $52,000,000; including a City lease-back at an annual rent expense of $3,362,220 increasing by 3% per year for each year after the initial period, with rent to be set at the then fair market rental value prior to the beginning of each extension option exercised, if any, for a period of not more than three years in the initial term, with two one-year options to extend; affirming the Planning Department’s determination under the California Environmental Quality Act; and adopting findings that the sale is consistent with the General Plan, and the eight priority policies of Planning Code, Section 101.1. Supervisor Safai, seconded by Supervisor Breed, moved that this Resolution be CONTINUED to the Board of Supervisors meeting of April 4, 2017. The motion FAILED by the following vote:

Ayes: Breed, Safai

Noes: Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Sheehy, Tang, Yee

ADOPTED by the following vote:

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

Noes: Breed, Safai

Ness Avenue - $70,000,000] Sponsors: Mayor; Kim Resolution approving a purchase and sale agreement by and between the City and County of San Francisco and Lendlease Development, Inc. for the sale of City-owned property located at 30 Van Ness Avenue for $70,000,000; including a City lease-back at an annual rent expense of $4,500,000 increasing by 3% per year after each year of the initial period and at the beginning of each extension option exercised, if any, for a period of not more than three years in the initial term, with two one-year options to extend; affirming the Planning Department’s determination under the California Environmental Quality Act; adopting findings that the sale is consistent with the General Plan, and the eight priority policies of Planning Code, Section 101.1; and urging the Mayor’s Office of Housing and Community Development and the Planning Department to explore certain development strategies relating to affordable housing at the site in connection with any future development. Supervisor Safai, seconded by Supervisor Breed, moved that this Resolution be CONTINUED to the Board of Supervisors meeting of April 4, 2017. The motion FAILED by the following vote:

Ayes: Breed, Safai

Noes: Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Sheehy, Tang, Yee

City and County of San Francisco Page 10 Printed at 3:09 pm on 3/22/17 Board of Supervisors Meeting Minutes - Draft 3/21/2017 ADOPTED by the following vote:

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

Noes: Breed, Safai

170242 [Apply for Grant - State of California, Department of Housing and Community Development - Various Parks and Community Centers - $7,500,000] Sponsor: Mayor Resolution authorizing the Recreation and Park Department to apply for a grant in an amount up to $7,500,000 from the State of California, Department of Housing and Community Development for the planning and development of various parks and community facilities in San Francisco. (Recreation and Park Department) ADOPTED by the following vote:

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

170277 [Hemophilia Day - April 17, 2017] Sponsor: Farrell Resolution recognizing Hemophilia and other bleeding disorders, and declaring April 17, 2017, as Hemophilia Day in the City and County of San Francisco. ADOPTED by the following vote:

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

Excused: Farrell

170281 [Supporting California State Senate Bill 807 (Stern and Gagliani) - Teacher Recruitment and Retention Act of 2017] Sponsors: Yee; Ronen, Peskin, Kim and Breed Resolution supporting California State Senate Bill 807, the Teacher Recruitment and Retention Act of 2017, authored by Senators Stern and Gagliani, and co-authored by Assembly Members Limón and Santiago, authorizing a credit for new teachers equal to the costs incurred by a qualified taxpayer teacher to earn a clear credential, and exemption of State income taxes for educators who have taught at least six years from passage through January 2027. Supervisors Ronen, Peskin, Kim, and Breed requested to be added as co-sponsors. ADOPTED by the following vote:

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

Excused: Farrell