Board of Supervisors Minutes: May 23, 2017

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, 2022; and to encourage selection of Zero Emission Vehicles in other vehicle classes as technology improves. (Fiscal Impact) Ordinance No. 115-17 FINALLY PASSED by the following vote:

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

Noes: None

170271 [Administrative Code - Transfer of Moscone Center Garage and Performing Arts Garage to Municipal Transportation Agency] Ordinance amending the Administrative Code to transfer the Moscone Center Garage (255-3rd Street) and the Performing Arts Garage (360 Grove Street) from the Parking Authority to the Municipal Transportation Agency; assigning a ground lease for certain Public Works property for access between the Performing Arts Garage and Gough Street; affirming the 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. (Municipal Transportation Agency) Supervisor Kim, seconded by Supervisor Farrell, moved that this Ordinance be CONTINUED ON FINAL PASSAGE to the Board of Supervisors meeting of July 11, 2017. The motion carried by the following vote:

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

Noes: None

170411 [Appropriation - Wastewater Enterprise General Reserve - Claims Settlements and Related Expenses as a Result of Winter Storms - $5,000,000 - FY2016-2017] Sponsor: Mayor Ordinance appropriating $5,000,000 from Wastewater Enterprise designated for general reserve in the Public Utilities Commission Wastewater Enterprise to pay the claims settlements, legal expenses and related costs due to the large volume of claims arising from the winter 2016-2017 storms in FY2016-2017; and placing $3,000,000 on Budget and Finance Committee Reserve. (Fiscal Impact) Ordinance No. 114-17 FINALLY PASSED by the following vote:

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

Noes: None

r Rental, Automotive Wash, Mortuaries, Adult Business, Massage Establishment, Medical Cannabis Dispensary, and Tobacco Paraphernalia Establishment, as those uses are defined in Planning Code Section 102.’, Lines 19-22, by adding ‘(10) if the City enacts an ordinance directing the Planning Department to study the creation of a possible area plan wholly or partially located in Supervisorial District 9, HOME-SF Projects shall not be permitted in any area in Supervisorial District 9 listed in the ordinance until such time as the City enacts the area plan.’; on Page 14, Lines 18-25, by modifying the ownership below market rate (BMR) pricing to be offered at 80% area median income (AMI), 105% AMI, and 130% AMI, by modifying the unit distribution for rental programs so that 12% of units would be offered at 55% AMI, 9% of units would be offered at 80% AMI, and 9% of units would be offered at 110% AMI, and by modifying the unit distribution for ownership programs so that 12% of units would be offered at 80% AMI, 9% of units would be offered at 105% AMI, and 9% of units would be offered at 130% AMI; 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, Yee

Noes: None

Supervisor Ronen, seconded by Supervisor Fewer, moved that this Ordinance be AMENDED on Page 13, Line 23, by adding ‘(11) does not demolish or remove any space rented by a legacy business listed in the Legacy Business Registry under Administrative Code Section 2A.242.’ The motion FAILED by the following vote:

Ayes: Fewer, Kim, Ronen, Yee

Noes: Breed, Cohen, Farrell, Peskin, Safai, Sheehy, Tang

Supervisor Yee, seconded by Supervisor Fewer, moved that this Ordinance be AMENDED on Page 12, Lines 8-9, by adding ‘(F) is not located on Ocean Avenue between Paloma Avenue and 19th Avenue’; and on Page 24, Lines 12-13, by adding ‘and (F) is not located on Ocean Avenue between Paloma Avenue and 19th Avenue.’ The motion FAILED by the following vote:

Ayes: Fewer, Kim, Ronen, Yee

Noes: Breed, Cohen, Farrell, Peskin, Safai, Sheehy, Tang

Supervisor Tang, seconded by Supervisor Safai, moved that this be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 11, Line 22, and Page 24, Line 19, by striking ‘Chinatown Mixed Use Districts’. The motion carried 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 405 Printed at 10:04 am on 7/14/17 Board of Supervisors Meeting Minutes 5/23/2017 PASSED ON FIRST READING AS AMENDED by the following vote:

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

Noes: Yee

170581 [Appropriation and De-Appropriation - Fund Balance and Expenditures of $18,982,258 - Supporting Increased Overtime Expenditures - FY2016-2017] Sponsor: Mayor Ordinance appropriating $300,000 Water Enterprise Fund Balance, de-appropriating $18,682,258 from permanent salaries, fringe benefit expenses, and non-personnel services, and appropriating $18,982,258 to overtime in the Sheriff’s Department, Department of Emergency Management, Fire Department, Department of Public Health, and the Public Utilities Commission operating budgets in order to support the Departments projected increases in overtime as required per Ordinance No. 194-11 in FY2016-2017; this Ordinance requires a two-thirds vote of all members of the Board of Supervisors for approval of the Department of Public Health overtime appropriations, pursuant to Charter, Section 9.113(c). (Fiscal Impact) PASSED, ON FIRST READING by the following vote:

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

Noes: None

170321 [Agreement Amendment - Positive Resource Center - Behavioral Health Services - Not to Exceed $10,744,447] Resolution approving a third amendment to the Department of Public Health agreement for behavioral health services with Positive Resource Center, to increase the contract by $2,649,515 for a total amount not to exceed $10,744,447. (Public Health Department) (Fiscal Impact) Resolution No. 202-17 ADOPTED by the following vote:

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

Noes: None

170323 [Prevailing Wage Rates - Security Guard Services] Resolution fixing prevailing wage rates for individuals engaged in security guard services at facilities or on property owned or leased by the City, and for events on City property. (Civil Service Commission) (Fiscal Impact) Resolution No. 203-17 ADOPTED by the following vote:

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

Noes: None

170488 [Authorizing Expenditures - SoMa Community Stabilization Fund - $1,249,999] Sponsor: Kim Resolution authorizing the Mayor’s Office of Housing and Community Development to expend SoMa Community Stabilization Fund dollars in the amount of $1,249,999 to address various impacts of destabilization on residents and businesses in SoMa. (Fiscal Impact) Resolution No. 206-17 ADOPTED by the following vote:

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

Noes: None

170489 [Authorizing Expenditures - SoMa Community Stabilization Fund - $10,000,000] Sponsor: Kim Resolution authorizing the Mayor’s Office of Housing and Community Development to expend SoMa Community Stabilization Fund dollars in the amount of $10,000,000 to provide acquisition and rehabilitation loans for projects that are eligible under the Mayor’s Office of Housing and Community Development’s Small Sites Program and are located within the boundaries of SoMa. (Fiscal Impact) Resolution No. 207-17 ADOPTED by the following vote:

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

Noes: None

170521 [Accept and Expend Grant - State Transportation Development Act, Article 3 - Pedestrian and Bicycle Projects - $991,150] Sponsor: Mayor Resolution authorizing the acceptance and expenditure of State Transportation Development Act, Article 3, Pedestrian and Bicycle Project grant funding for FY2017-2018, in the amount of $991,150 which includes $495,575 for Public Works and $495,575 for the Municipal Transportation Agency, for the term of July 1, 2017, through June 30, 2020. (Public Works) Resolution No. 209-17 ADOPTED by the following vote:

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

Noes: None

170565 [Resolution of Intention - Japantown Community Benefit District] Sponsor: Breed Resolution declaring the intention of the Board of Supervisors to establish a property-based business improvement district (community benefit district) known as the “Japantown Community Benefit District” and levy a multi-year assessment on all parcels in the district; approving the management district plan and engineer’s report and proposed boundaries map for the district; ordering and setting a time and place for a public hearing of the Board of Supervisors, sitting as a Committee of the Whole on July 25, 2017, at 3:00 p.m.; approving the form of the Notice of Public Hearing and Assessment Ballot Proceeding, and Assessment Ballot; directing environmental findings; and directing the Clerk of the Board of Supervisors to give notice of the public hearing and balloting as required by law. Resolution No. 198-17 ADOPTED by the following vote:

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

Noes: None

161310 [Amending Ordinance No. 1061 - Sidewalk Width Change - Intersection of Mission Street and 22nd Street] Ordinance amending Ordinance No. 1061 entitled “Regulating the Width of Sidewalks” to narrow, from 21 feet to 15 feet, the official sidewalk width along a portion of the westerly side of Mission Street, between 23rd Street and 22nd Street, and a portion of the easterly side of Mission Street, between 22nd Street and 21st Street, both beginning at the intersection of Mission Street and 22nd Street; adopting the Planning Department’s determination and making additional findings 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. (Public Works) PASSED, ON FIRST READING by the following vote:

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

Noes: None

170615 [Closed Session - Settlement of Lawsuit and Tolling Agreement - Airbnb, Inc. and HomeAway.com, Inc. - May 23, 2017] Closed Session for the Board of Supervisors to convene on May 23, 2017, pursuant to California Government Code, Section 54956.9(a), and San Francisco Administrative Code, Section 67.10(d) (2), for the purpose of conferring with, or receiving advice from, the City Attorney regarding existing litigation relating to the Resolution endorsing settlement of the lawsuit filed by Airbnb, Inc. and HomeAway.com, Inc. against the City and County of San Francisco and authorizing a Tolling Agreement in that lawsuit (File No. 170507). (Clerk of the Board) Although it was not required due to the previous approval of Motion No. M17-082, public comment for this item was taken during the Committee of the Whole hearing, as referenced in File No. 170614. Although it was not required due to the previous approval of Motion No. M17-082, Supervisor Peskin, seconded by Supervisor Safai, moved to convene into Closed Session. The motion carried by the following vote:

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

Noes: None

Excused: Cohen, Farrell

ere noted present: Supervisors Breed, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, and Yee City and County of San Francisco Page 411 Printed at 10:04 am on 7/14/17 Board of Supervisors Meeting Minutes 5/23/2017 Persons in attendance: Jon Givner, Sara Eisenberg, Yvonne Mere, and Molly Alarcon (Office of the City Attorney); Kevin Guy, Director (Office of Short-Term Rental Administration and Enforcement); Ken Bukowski, Deputy City Administrator (Office of the City Administrator); and Angela Calvillo, Clerk of the Board, and Alisa Somera (Office of the Clerk of the Board). Matter was heard in closed session and no action was taken. RECONVENED AS THE BOARD OF SUPERVISORS The Board reconvened at the hour of 5:35 p.m. and the following Supervisors were noted present: Supervisors Breed, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, and Yee HEARD IN CLOSED SESSION [Elect Not to Disclose] Motion that the Board finds that it is in the best interest of the public that the Board elect at this time not to disclose its closed session deliberations. Supervisor Tang, seconded by Supervisor Peskin, moved not to disclose its Closed Session deliberations. The motion carried by the following vote:

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

Noes: None

Excused: Cohen, Farrell

ng settlement of the lawsuit filed by Airbnb, Inc. and HomeAway.com, Inc. against the City and County of San Francisco and authorizing a Tolling Agreement; the lawsuit was filed on June 27, 2016, in the United States District Court for the Northern District of California, Case No. 16-cv-03615; entitled Airbnb, Inc., et al. v. City and County of San Francisco; the lawsuit involves a challenge to Ordinance Nos. 104-16 and 178-16, which regulate hosting platforms that provide booking services for short-term residential rentals; material terms of the settlement include a framework for Airbnb and HomeAway to take reasonable care to verify that short-term rental listings are lawfully registered before offering booking services, Airbnb and HomeAway’s agreement to remove unregistered listings on their websites, Airbnb and HomeAway’s payment of $40,000 each to the City plus $5,000 each annually to establish an Application Program Interface, and the City’s agreement to toll statutes of limitation. (City Attorney) Resolution No. 208-17 Although it was not required, Supervisor Peskin, seconded by Supervisor Ronen, moved that this Resolution be ADOPTED. The motion carried by the following vote:

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

Noes: None

Excused: Cohen, Farrell

170337 [Report of Assessment Costs - Building Code Enforcement Violations] Resolution approving Report of Delinquent Charges for Assessment Costs submitted by the Director of the Department of Building Inspection for delinquent charges for code enforcement violations and associated fees pursuant to Building Code, Sections 102A.3, 102A.4, 102A.6, 102A.12, 102A.16, 102A.17, 102A.18, 102A.19, 102A.20 et seq., 103A.3.3, 108A, and 110A - Tables 1A-K and 1A-G, the costs thereof having accrued pursuant to code enforcement violations. (Building Inspection Department) Alan Davison (Department of Building Inspection) requested that the following addresses be removed from the accompanying report due to recent resolution or receipt of payment: 2 Banbury Drive; and 1442 Fulton Street. Supervisor Peskin, seconded by Supervisor Yee, moved to approve the amendments to the accompanying report, as provided by the Department of Building Inspection, included in File No. 170337. The motion carried by the following vote:

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

Noes: None

Excused: Cohen

Resolution No. 204-17 ADOPTED, after accepting the amendments to the accompanying report, by the following vote:

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

Noes: None

Excused: Cohen

170464 [Appropriation - Proceeds from Certificates of Participation for $321,765,000 to the General Service Agency - FY 2016-17] Sponsor: Mayor Ordinance appropriating $321,765,000 of proceeds from Certificates of Participation to fund the development costs of the 1500 Mission Street office building development and related FF&E (furniture, fixture, or other equipment), technology, and moving costs in FY2016-17, and placing total $321,765,000 of proceeds on Controller’s Reserve pending sales of the Certificates of Participation. PASSED, ON FIRST READING by the following vote:

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

Noes: None

eement between the City and County of San Francisco and the Trustee (including certain indemnities contained therein); authorizing the selection of the Trustee by the Director of Public Finance; approving respective forms of a Property Lease and a Lease Agreement, each between the City and the Trustee for the lease and lease back of certain property and facilities of the City; approving the forms of Purchase Contract, Official Notice of Sale, and Notice of Intention to Sell Certificates; directing the publication of the Notice of Intention to Sell Certificates; approving the form of the Preliminary Official Statement and the form and execution of the Official Statement relating to the sale of the Certificates; approving the form of the Continuing Disclosure Certificate; granting general authority to City officials to take necessary actions in connection with the authorization, execution, sale and delivery of the Certificates; approving modifications to documents and agreements; declaring the City’s intent to reimburse certain expenditures; and ratifying previous actions taken in connection therewith, as defined herein. (Fiscal Impact) PASSED, ON FIRST READING by the following vote:

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

Noes: None

170471 [Conditional Purchase Agreement - City Office Project - 1500 Mission Street] Sponsor: Mayor Resolution ratifying the Conditional Purchase Agreement for the City’s Acquisition of an Office Project at 1500 Mission Street and authorizing the Director of Property and City staff to proceed with the Proposed Office Project; confirming the City’s authorization to issue commercial paper and/or certificates of participation to pay for the land acquisition and complete the Proposed Office Project; adopting environmental findings under the California Environmental Quality Act; and making findings of consistency the General Plan, and with the eight priority policies of Planning Code, Section 101.1. (Fiscal Impact) Resolution No. 205-17 ADOPTED by the following vote:

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

Noes: None

170470 [Increase of Wastewater Enterprise Commercial Paper Program - Not to Exceed $750,000,000] Resolution authorizing an increase of the principal amount of the Wastewater Enterprise's Commercial Paper Program by $250,000,000 from a principal amount not to exceed $500,000,000 to a principal amount not to exceed $750,000,000 such Commercial Paper to be issued from time to time by the San Francisco Public Utilities Commission to finance on an interim basis various capital projects benefitting the Wastewater Enterprise, pursuant to amendments to the Charter of the City and County of San Francisco enacted by the voters on November 5, 2002, as Proposition E; and ratifying previous actions taken in connection therewith, as defined herein. (Public Utilities Commission) (Fiscal Impact) Resolution No. 193-17 ADOPTED by the following vote:

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

Noes: None

170474 [Application to Acquire Real Property - 1064-1068 Mission Street - Department of Health and Human Services Federal Property Assistance Program - Constructing Supportive Housing] Sponsors: Mayor; Kim Resolution authorizing the Mayor’s Office of Housing and Community Development to submit an application to the Department of Health and Human Services Federal Property Assistance Program, in order to acquire the real property located at 1064-1068 Mission Street for use in constructing supportive housing for homeless San Franciscans. (Fiscal Impact) Resolution No. 178-17 ADOPTED by the following vote:

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

Noes: None

170522 [Real Property Acquisition - 772 Pacific Avenue - Shew Yick Trust One, Robert Yick Trust Two, and Robert Yick Non-Exempt Assets Trust - Affordable Housing Project - Below Fair Market Value Purchase of $5,000,000] Sponsors: Mayor; Peskin Resolution authorizing the Real Estate Division, on behalf of the Mayor’s Office of Housing and Community Development, to acquire Real Property located at 772 Pacific Avenue from Shew Yick Trust One (Trustees Robert Yick and Andy Ting), Robert Yick Trust Two (Trustee Joseph Yick), and Robert Yick Non-Exempt Assets Trust (Trustee Mark Shustoff), for the purchase at below fair market value of $5,000,000 for use in constructing affordable housing for San Franciscans. (Fiscal Impact) Resolution No. 210-17 ADOPTED by the following vote:

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

Noes: None

170594 [Final Map 8995 - 1490 Ocean Avenue] Motion approving Final Map 8995, a 15 residential unit and three commercial unit, mixed-use condominium project, located at 1490 Ocean Avenue, being a subdivision of Assessor’s Parcel Block No. 3197, Lot No. 010; and adopting findings pursuant to the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Public Works) Motion No. M17-086 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