Board of Supervisors Minutes: April 4, 2017

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. FINALLY PASSED by the following vote:

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

Noes: None

Excused: Farrell

170197 [Settlement of Lawsuit - Blueline Rental, LLC - $1,650,000] Ordinance authorizing settlement of the lawsuit in eminent domain filed by the City and County of San Francisco against Blueline Rental, LLC, for $1,650,000; the lawsuit was filed on February 24, 2017, in San Francisco Superior Court, Case No. CGC-17-557268; entitled City and County of San Francisco v. Blueline Rental, LLC; the lawsuit involves payment of just compensation for the City’s acquisition of a leasehold interest at the property commonly known as 1975 Galvez Avenue, San Francisco, California, Assessor's Parcel Block No. 5250, Lot No. 16; other material terms of the settlement are that tenant, Blueline Rental, LLC agrees to vacate the 1975 Galvez Avenue property no later than April 15, 2017. (City Attorney) FINALLY PASSED by the following vote:

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

Noes: None

170157 [Appropriation - General Obligation Bonds - San Francisco General Hospital and Trauma Center Bond Interest Earnings - FY2016-2017- $12,807,266] Sponsor: Mayor Ordinance appropriating $12,807,266 of General Obligation Bond Interest Earnings for the San Francisco General Hospital and Trauma Center in FY2016-2017 and placing $392,406 on Controller’s Reserve pending interest accrual and review of arbitrage costs. (Fiscal Impact) PASSED, ON FIRST READING by the following vote:

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

Noes: None

170150 [Lease Agreement - SP Plus–Hyde Parking Joint Venture - Northern Waterfront Surface Parking Lots - $2,955,607 Estimated Total Rent in First Year] Resolution approving Lease No. L-16141 between the Port and SP Plus-Hyde Parking Joint Venture for a lease of surface parking lots in Port jurisdiction in the northern waterfront, including: a five-year term for Seawall Lot 321; a three-year term with two one-year Port options for Seawall Lots 323-324; and interim month-to-month parking at Seawall Lot 322-1, Pier 19½, and Pier 29½, such terms to commence following Board approval, with estimated total rent generated under the Lease for the first year of operations of $2,955,607. (Port) ADOPTED by the following vote:

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

Noes: None

170152 [Agreement Extension - Airport Luggage Cart Lease and Operating Agreement - Smarte Carte, Inc. - Not to Exceed $4,250,605] Resolution approving a two-year term extension for Luggage Cart Lease and Operating Agreement No. 11-0301, between Smarte Carte, Inc., and the City and County of San Francisco, acting by and through its Airport Commission, for a total term July 1, 2012, through June 30, 2019, in an amount not to exceed $4,250,605, and a new net payment total contract amount of $12,924,595. (Airport Commission) (Fiscal Impact) ADOPTED by the following vote:

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

Noes: None

170172 [2011 Lease and Use Agreement - Aer Lingus, Limited] Resolution approving the terms of 2011 Lease and Use Agreement No. 16-0298 between the City and County of San Francisco, acting by and through its Airport Commission, and Aer Lingus, Limited, to conduct flight operations at the San Francisco International Airport, for a term to commence following Board approval through June 30, 2021. (Airport Commission) ADOPTED by the following vote:

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

Noes: None

170173 [2011 Lease and Use Agreement - Turk Hava Yollari Anonim Ortakligi] Resolution approving the terms of 2011 Lease and Use Agreement No. 16-0301 between the City and County of San Francisco, acting by and through its Airport Commission, and Turk Hava Yollari Anonim Ortakligi to conduct flight operations at the San Francisco International Airport, for a term to commence following Board approval through June 30, 2021. (Airport Commission) ADOPTED by the following vote:

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

Noes: None

170174 [2011 Lease and Use Agreement - Redding Aero Enterprises, Inc.] Resolution approving the terms of 2011 Lease and Use Agreement No. 16-0326 between the City and County of San Francisco, acting by and through its Airport Commission, and Redding Aero Enterprises, Inc., to conduct flight operations at the San Francisco International Airport, for a term to commence following Board approval through June 30, 2021. (Airport Commission) ADOPTED by the following vote:

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

Noes: None

and 16), and the leasehold of 450 Toland Street (Assessor’s Parcel Block No. 5230, Lot No. 18), from SFPUC to OCA (collectively “Project Site”), subject to Amendment No. 1 to the Memorandum of Understanding previously entered into between the Real Estate Division, OCA, and SFPUC to create the functionally-equivalent facilities for the relocation of the City’s Central Fleet Maintenance Shop (“Central Shops”) from 1800 Jerrold Avenue; increasing the total transfer price by $8,578,429 to an amount not to exceed $82,278,429 from SFPUC Wastewater Enterprise funds; authorizing the issuance of a Notice to Proceed for the next construction phase under a Board-authorized design-build Project Delivery Agreement with Oryx Development I, LLC, for the construction of facilities to relocate Central Shops to the Project Site; and finding the proposed transactions are in conformity with the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Public Utilities Commission) (Fiscal Impact) Privilege of the floor was granted unanimously to John Updike, Director (Real Estate Division), who responded to questions raised throughout the discussion. ADOPTED by the following vote:

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

Noes: Kim, Peskin

170198 [Professional Services Agreement - Black & Veatch Corporation - Design Support for the Hetch Hetchy Water and Power High Voltage Power Line Clearance Mitigation - Not to Exceed $12,000,000] Resolution authorizing the General Manager of the San Francisco Public Utilities Commission (SFPUC) to execute a professional services agreement with Black & Veatch Corporation for specialized design services for design support to mitigate ground, wire, and structure clearance issues with Hetch Hetchy Water and Power high voltage power lines in accordance with the SFPUC’s mitigation program, for an amount not to exceed $12,000,000 over a term of ten years to commence following Board approval through April 2027. (Public Utilities Commission) (Fiscal Impact) ADOPTED by the following vote:

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

Noes: None

170229 [Emergency Declaration - Construct a Temporary Road Around a Landslide Area at Calaveras Road - Total Estimated Cost Not to Exceed $1,500,000] Resolution approving an emergency declaration of the San Francisco Public Utilities Commission pursuant to Administrative Code, Section 6.60, to construct a temporary road around a landslide area at Calaveras Road; with a total estimated cost not to exceed $1,500,000. (Public Utilities Commission) (Fiscal Impact) ADOPTED by the following vote:

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

Noes: None

170232 [Real Property Lease Extension - Huey Lan F. 2004 Trust - 1701 Ocean Avenue - $215,400 Annual Base Rent] Resolution authorizing the Director of Property to exercise a Lease Extension for the real property located at 1701 Ocean Avenue with Huey Lan F. 2004 Trust for a five-year extension term to commencing upon approval by the Board of Supervisors and the Mayor, at the monthly base rent of $17,950 for a total annual base rent of $215,400. (Public Health Department) (Fiscal Impact) Privilege of the floor was granted unanimously to John Updike, Director (Real Estate Division), who responded to questions raised throughout the discussion. ADOPTED by the following vote:

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

Noes: None

140877 [Planning Code - Downtown Support Special Use District; Fees in Lieu of On-Site Open Space; Gift Acceptance] Sponsor: Kim Ordinance amending the Downtown Support Special Use District to authorize a monetary contribution (in lieu fee) to satisfy required on-site open space requirements, exclude certain features from floor area ratio and gross floor area calculations, and dedicate the monetary contribution for lighting and safety improvements at Victoria Manolo Draves Park; accepting as a gift an additional monetary contribution for future improvements to and maintenance of Victoria Manolo Draves Park or other existing under-utilized parks in District 6, as well as for public recreation programs to occur in these parks; 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. PASSED, ON FIRST READING by the following vote:

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

Noes: None

170230 [California Environmental Quality Act Findings - Sewer System Improvement Program, Southeast Water Pollution Control Plant New Headworks Facility] Resolution adopting findings under the California Environmental Quality Act ("CEQA"), CEQA Guidelines, and Administrative Code, Chapter 31, including the adoption of a mitigation monitoring and reporting program, related to the funding of the Sewer System Improvement Program - Southeast Water Pollution Control Plant New Headworks Facility; and directing the Clerk of the Board of Supervisors to notify the Controller of this action. (Public Utilities Commission) ADOPTED by the following vote:

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

Noes: None

161369 [Liquor License Transfer - 300 Clipper Cove Way] Resolution determining that the transfer of a Type 51 Club license to Treasure Island Yacht Club, Inc., dba Treasure Island Yacht Club, located at 300 Clipper Cove Way (District 6), 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 issue 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

Noes: None

170056 [Liquor License - 835 Larkin Street] Resolution determining that the issuance of a Type 40 on-sale beer license to Askander Harooni, dba RS94109, located at 835 Larkin Street (District 6), 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. (Public Safety and Neighborhood Services Committee) ADOPTED by the following vote:

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

Noes: None

170149 [Liquor License - 900 North Point Street E205] Resolution determining that the issuance of a Type 42 on-sale beer and wine license to Pacific Retail VFC 1, Inc., dba Vom Fass Oils Vinegar Spirits, located at 900 North Point Street E205 (District 2), 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. (Public Safety and Neighborhood Services Committee) ADOPTED by the following vote:

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

Noes: None

170288 [Appointment, Immigrant Rights Commission - Angeles Roy] Motion appointing Angeles Roy, term ending June 6, 2018, to the Immigrant Rights Commission. (Rules Committee) Motion No. M17-049 APPROVED by the following vote:

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

Noes: None

170289 [Appointments, In-Home Supportive Services Public Authority - Mike Boyd and Daisy McArthur] Motion appointing Mike Boyd and Daisy McArthur, terms ending March 1, 2020, to the In-Home Supportive Services Public Authority. (Rules Committee) Motion No. M17-050 APPROVED by the following vote:

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

Noes: None

170290 [Appointments, Citizens Committee on Community Development - Emma Kelsey and Clint Loftman] Motion appointing Emma Kelsey and Clint Loftman, terms ending February 23, 2019, to the Citizen's Committee on Community Development. (Rules Committee) Motion No. M17-051 APPROVED by the following vote:

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

Noes: None

170291 [Appointment, Cannabis State Legalization Task Force - Robert Keli'iho'omalu] Motion appointing Robert Keli'iho'omalu, term ending August 31, 2017, to the Cannabis State Legalization Task Force. (Rules Committee) Motion No. M17-052 APPROVED by the following vote:

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

Noes: None

170292 [Appointment, Airport Facilities Naming Advisory Committee - John Martin] Motion appointing John Martin, for an indefinite term, to the Airport Facilities Naming Advisory Committee. (Rules Committee) Motion No. M17-053 APPROVED by the following vote:

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

Noes: None

170310 [Issuance of Subpoena Duces Tecum - Hardip S. Pannu] Sponsor: Peskin Motion directing the Clerk of the Board of Supervisors to issue a subpoena duces tecum to Hardip S. Pannu, requiring him to appear at the Special Meeting of the Government Audit and Oversight Committee on April 28, 2017, at 10:00 a.m., to provide oral information at the hearing of File No. 160975 and respond to questions regarding the design, engineering, review, and approval process for the project at 301 Mission Street; and requiring him to produce documents, records, and other materials in his possession related to that project. Motion No. M17-054 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

170304 [Supporting California State Senate Bill 562 (Lara and Atkins) - Californians for a Healthy California Act - Establishing of a Comprehensive Universal Single-Payer Health Care Coverage Program] Sponsors: Kim; Ronen, Cohen, Fewer, Yee, Peskin and Sheehy Resolution supporting California State Senate Bill 562, authored by Senators Lara and Atkins, the Californians for a Healthy California Act, that would establish a comprehensive universal single-payer health care coverage program and a system for health care cost control for the benefit of all state residents. Supervisor Sheehy requested to be added as a co-sponsor. Supervisor Kim, seconded by Supervisor Yee, moved that this Resolution be CONTINUED to the Board of Supervisors meeting of April 11, 2017. The motion carried by the following vote:

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

Noes: None

170347 [Food Runners 30th Anniversary - Food Runners Day - April 7, 2017] Sponsor: Peskin Resolution commending Food Runners, and its founder Mary Risley, on the occasion of the organization's 30th year delivering excess food to those in need; and declaring April 7, 2017, as Food Runners Day in the City and County of San Francisco. President Breed inquired as to whether any member of the public wished to address the Board relating to the Resolution commending Food Runners on its 30th anniversary and declaring April 7, 2017, as Food Runners Day, as referenced in File No. 170347. There were no speakers. The President declared public comment closed. ADOPTED by the following vote:

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

Noes: None