Board of Supervisors Minutes: May 2, 2017

170125 [Planning Code - Construction of Accessory Dwelling Units] Sponsor: Peskin Ordinance amending the Planning Code to bring the requirements and procedures for authorizing the construction of Accessory Dwelling Units (ADUs) in single-family homes into conformity with the new mandates of state law; 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 findings of public convenience, necessity, and welfare under Planning Code, Section 302; and directing the Clerk to send a copy of this Ordinance to the California Department of Housing and Community Development after adoption pursuant to state law requirements. Ordinance No. 095-17 FINALLY PASSED City and County of San Francisco Page 326 Printed at 12:55 pm on 6/20/17 Board of Supervisors Meeting Minutes 5/2/2017 The foregoing items were acted upon by the following vote:

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

Noes: None

Excused: Yee

170200 [Appropriation - Capital Improvement Projects - $4,832,455,418 - FY2016-2017] Sponsor: Mayor Ordinance appropriating $4,832,455,418 of proceeds from the sale of revenue bonds or commercial paper for capital improvement projects to the Airport Commission for FY2016-2017, and placing the total appropriation of $4,832,455,418 on Controller’s Reserve pending receipt of proceeds of indebtedness. (Fiscal Impact) Supervisor Peskin, seconded by Supervisor Safai, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE, by placing the total appropriation of $4,832,455,418 on the Board of Supervisors' Reserve. The motion carried by the following vote:

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

Noes: None

Excused: Yee

Ordinance appropriating $4,832,455,418 of proceeds from the sale of revenue bonds or commercial paper for capital improvement projects to the Airport Commission for FY2016-2017, and placing the total appropriation of $4,832,455,418 on the Board of Supervisors' Reserve pending receipt of proceeds of indebtedness. (Fiscal Impact) PASSED ON FIRST READING AS AMENDED by the following vote:

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

Noes: None

Excused: Yee

170210 [Administrative, Environment Codes - Zero Emission Vehicle Requirements for City Fleet] Sponsors: Tang; Farrell Ordinance amending the Administrative and Environment Codes to require that any new passenger vehicle procured for the City fleet be a Zero Emission Vehicle, absent a waiver, and that all passenger vehicles in the City fleet be Zero Emission Vehicles by December 31, 2020; and to encourage selection of Zero Emission Vehicles in other vehicle classes as technology improves. (Fiscal Impact) Supervisor Tang, seconded by Supervisor Farrell, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE, by adding verbiage to ensure the City’s municipal fleet is a light-duty passenger fleet by the year 2022, unless an exemption applies or a waiver is granted; creating a distinction between light-duty vehicles that park on City-owned property versus those that park on non-City-owned property, and adding additional requirements or waiver limits based on this distinction; and making other clarifying and conforming changes. The motion carried by the following vote:

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

Noes: None

Excused: Yee

Ordinance amending the Administrative and Environment Codes to require that any new passenger vehicle procured for the City fleet be a Zero Emission Vehicle, absent a waiver, and that all passenger vehicles in the City fleet be Zero Emission Vehicles by December 31, 2022; and to encourage selection of Zero Emission Vehicles in other vehicle classes as technology improves. (Fiscal Impact) Supervisor Tang, seconded by Supervisor Ronen, moved that this Ordinance be CONTINUED AS AMENDED to the Board of Supervisors meeting of May 9, 2017. The motion carried by the following vote:

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

Noes: None

Excused: Yee

170211 [Airport Commission Capital Plan Bonds - $4,358,694,227 - Airport Commission Commercial Paper Notes - $100,000,000] Sponsor: Mayor Resolution approving the issuance of up to an additional $4,358,694,227 aggregate principal amount of San Francisco International Airport Second Series Revenue Bonds to finance and refinance Airport Capital Plan projects; approving the issuance and re-issuance from time to time of up to an additional $100,000,000 aggregate principal amount of San Francisco International Airport Subordinate Commercial Paper Notes for any lawful Airport purpose; and ratifying and confirming certain Resolutions of the Board and the Airport Commission related to the foregoing. (Fiscal Impact) Resolution No. 156-17 ADOPTED by the following vote:

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

Noes: None

Excused: Yee

170264 [Agreement Amendment - Mott MacDonald - Construction Management Services - New Irvington Tunnel Project - Not to Exceed $21,100,000] Resolution authorizing the General Manager of the San Francisco Public Utilities Commission (SFPUC) to execute Amendment No. 5 to Agreement No. CS-918, New Irvington Tunnel Project-Construction Management Services with Mott MacDonald, to continue providing construction management services for the final construction and closeout of the tunnel, increasing the agreement by $350,000 for a total agreement amount not to exceed $21,100,000 and with a time extension of 12 months, for a total agreement duration of seven years and three months from August 1, 2009, through April 14, 2018, pursuant to Charter, Section 9.118. (Public Utilities Commission) (Fiscal Impact) Resolution No. 157-17 ADOPTED by the following vote:

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

Noes: None

Excused: Yee

170267 [Agreement Amendment - State Department of Health Care Services - Substance Use Disorder Services - FYs 2014-2017 - $58,504,385] Resolution retroactively authorizing the Department of Public Health, Behavioral Health Services to enter into Amendment No. A05 to a multi-year agreement for substance use disorder services with the State Department of Health Care Services, in the amount of $58,504,385 for the term of July 1, 2014, through June 14, 2017; and authorizing and designating the Department of Public Health County Alcohol and Drug Administrator to sign said Agreement and to approve amendments for less than 10% of the contracted amount. (Public Health Department) (Fiscal Impact) Resolution No. 158-17 ADOPTED by the following vote:

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

Noes: None

Excused: Yee

170268 [Contract Agreement - State Department of Health Care Services - Substance Use Disorder Services - FYs 2017-2019 - $128,849,925] Resolution authorizing the Department of Public Health, Behavioral Health Services to enter into a multi-year organized delivery system intergovernmental agreement for substance use disorder services with the State Department of Health Care Services, in the amount of $128,849,925 for the term of June 15, 2017, through June 30, 2019; and authorizing and designating the Department of Public Health County Alcohol and Drug Administrator to sign said Agreement and to approve amendments for less than 10% of the contracted amount. (Public Health Department) (Fiscal Impact) Resolution No. 159-17 ADOPTED by the following vote:

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

Noes: None

Excused: Yee

160281 [Planning Code - Dwelling Unit Mix Requirements] Sponsors: Yee; Farrell and Fewer Ordinance amending the Planning Code to add an additional option for the dwelling unit mix of large buildings in specified zoning districts to allow developers to have a mix of two- and three-bedroom units that results in no less than 35% of the total number of proposed units having two or three bedrooms with at least 10% of the total number of proposed units having three bedrooms; affirming the Planning Department’s determination under the California Environmental Quality Act; and making findings of consistency with the General Plan, the eight priority policies of Planning Code, Section 101.1, and findings of public necessity, convenience, and welfare under Planning Code, Section 302. Supervisor Fewer 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

Noes: None

Excused: Yee

170206 [Planning Code - Off-Street Parking and Loading Requirements] Sponsor: Farrell Ordinance amending the Planning Code to clarify and consolidate language, delete redundancies and outdated provisions, correct typographical errors and erroneous cross-references, base required or allowed off-street parking and loading areas on Occupied Floor Area rather than Gross Floor Area, and consolidate and update the multiple provisions for establishing the maximum quantities of accessory parking that in some cases would result in a reduction in parking; affirming the Planning Department’s California Environmental Quality Act determination; 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. PASSED ON FIRST READING by the following vote:

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

Noes: None

Excused: Yee

170466 [Planning Code - Noriega, Irving, Taraval, and Judah NCDs; Conditional Use Authorization for Bars, Liquor Stores, Personal Services, and Medical Cannabis Dispensaries] Sponsor: Tang Ordinance amending the Planning Code to require in the Noriega, Irving, Taraval, and Judah Neighborhood Commercial Districts a Conditional Use authorization for Bars, Liquor Stores, and Medical Cannabis Dispensaries on the first story and for Personal Services on the second story; 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, and findings of public necessity, convenience, and welfare under Planning Code, Section 302. PASSED ON FIRST READING by the following vote:

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

Noes: None

Excused: Yee

170461 [Appointment, Municipal Transportation Agency Board of Directors - Art Torres] Motion approving the Mayor’s nomination for the appointment of Art Torres to the Municipal Transportation Agency Board of Directors, for a term ending March 1, 2021. (Rules Committee) (Charter, Section 8A.102(a), provides that the Board of Supervisors shall confirm the Mayor's appointment by a majority (six votes) of the Board of Supervisors after a public hearing. Transmittal Date: April 18, 2017.) Motion No. M17-067 APPROVED by the following vote:

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

Noes: None

Excused: Yee

Supervisor Peskin Excused from Voting Supervisor Kim, seconded by Supervisor Farrell, moved that Supervisor Peskin be excused from voting on File No. 170462. The motion carried by the following vote:

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

Noes: None

Excused: Peskin, Yee

170462 [Appointment, Bay Conservation and Development Commission - Supervisor Aaron Peskin] Motion appointing Supervisor Aaron Peskin, for an indefinite term, to the Bay Conservation and Development Commission. (Rules Committee) Motion No. M17-068 APPROVED by the following vote:

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

Noes: None

Excused: Peskin, Yee

Enforcement; the Department of Justice Initial Assessment Report of the San Francisco Police Department; the President’s Task Force on 21st Century Policing; and the Civil Grand Jury’s Report, entitled “Into the Open: Opportunities for More Timely and Transparent Investigations of Fatal San Francisco Police Department Officer-Involved Shootings;" and requesting the Police Department, the Department of Human Resources, the Department of Police Accountability, and the Police Commission to report; scheduled pursuant to Motion No. M16-164, approved on November 15, 2016. President Breed opened the public hearing and Supervisor Cohen indicated she would be making a motion to continue this hearing to a later date. Francisco Da Costa; David Costa; Jackie Barshaft; Male Speaker; Michael Adams; Tom Gilberty; shared various concerns relating to the hearing matter. There were no other speakers. President Breed closed public comment, adjourned as the Committee of the Whole, and reconvened as the Board of Supervisors. Supervisor Cohen, seconded by Supervisor Ronen, moved that this Hearing be CONTINUED to the Board of Supervisors Meeting of May 16, 2017. The motion carried by the following vote:

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

Noes: None

Excused: Yee

atement Program] Resolution approving a report of assessment costs submitted by the Director of Public Works for inspection and/or repair of blighted properties ordered through the Accelerated Sidewalk Abatement Program, to be performed by said Director pursuant to Administrative Code, Chapter 80, the costs thereof having been paid for by the City and County out of a blight abatement fund. (Public Works) Michael Lennon (Public Works) requested that the following addresses be removed from the accompanying report due to recent resolution or receipt of payment: 267 Topez Way; 163 Edinburgh Street; 655-10th Avenue; 2898 Jackson Street; 432 Powell Street; 400 Molimo Drive; 103 Lower Terrace; 4301-21st Street; 348 Sanchez Street; 2770 Harrison Street; 1266 Hampshire Street; and 130 Brazil Avenue. Privilege of the floor was granted unanimously to Jon Givner (Office of the City Attorney) who responded to questions raised throughout the discussion. The amendments to the accompanying report, as provided by Public Works, included in File No. 170328, were received without objection. Resolution No. 160-17 ADOPTED, after accepting the amendments to the accompanying report, by the following vote:

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

Noes: None

Absent: Peskin

Excused: Yee

performed by said Director pursuant to the provisions of Public Works Code, Section 706.9, and Administrative Code, Section 80, the costs thereof having been paid for by the City and County out of a revolving fund. (Public Works) Michael Lennon (Public Works) requested that the following addresses be removed from the accompanying report due to recent resolution or receipt of payment: 2772 Sacramento Street; 1926 Lake Street; 1745 Broadway; 1901 Pacific Avenue; 1919 Octavia Street; 1801 Gough Street; 1911 Sacramento Street; 327 Austin Street; 1747 Pine Street; 1405 Franklin Street; 1520 Gough Street; 1440 Sutter Street; 563 Fell Street; 415 Laguna Street; 1045 Masonic Avenue; 1520 Page Street; 1530 Page Street; 2100-12th Avenue; 367 Moultrie Street; 287 Broad Street; and 227 Sagamore Street. Privilege of the floor was granted unanimously to Jon Givner (Office of the City Attorney) who responded to questions raised throughout the discussion. The amendments to the accompanying report, as provided by Public Works, included in File No. 170331, were received without objection. Resolution No. 161-17 ADOPTED, after accepting the amendments to the accompanying report, by the following vote:

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

Noes: None

Absent: Peskin

Excused: Yee

170467 [Temporary Housing for Homeless People During Shelter Crisis - LMC San Francisco I Holdings, LLC - 1515 South Van Ness Avenue] Sponsors: Mayor; Ronen Ordinance approving an agreement between the City and LMC San Francisco I Holdings, LLC, to allow the City to use the property at 1515 South Van Ness Avenue to utilize and operate a facility to provide temporary housing and services to homeless persons; directing the City Administrator, Public Works, Department of Homelessness and Supportive Housing, Department of Building Inspection, and other City departments to make repairs or improvements, consistent with health and safety standards, to use the property for temporary housing to address encampments in the Mission District; authorizing Public Works, Department of Homelessness and Supportive Housing, and Department of Public Health to enter into contracts without adhering to competitive bidding and other requirements for construction work, procurement, and personal services at the facility; 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

Noes: None

Excused: Yee

170487 [Day of Inclusion - May 6, 2017] Sponsors: Fewer; Yee, Tang, Ronen, Kim and Peskin Resolution declaring May 6, 2017, to be a Day of Inclusion for the City and County of San Francisco, in recognition of the harm caused by the Chinese Exclusion Act and immigration policies based on racial and religious intolerance. Supervisors Ronen, Kim, and Peskin requested to be added as co-sponsors. Resolution No. 162-17 ADOPTED by the following vote:

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

Noes: None

Excused: Yee