# Board of Supervisors Minutes: May 23, 2017 - Meeting date: 2017-05-23 - Document type: minutes - Source format: PDF - Extracted pages: 26 - [Canonical HTML transcript](https://sfbos.info/documents/442/2017-05-23-minutes) - [Authoritative City source](https://sfgov.legistar.com/View.ashx?M=M&ID=549710&GUID=597CC94E-7FF7-43C2-926C-646EB25C432D) > This text was extracted for search and accessibility. The linked City source is the authoritative public record. ## Structured legislative records ### File 170411: Appropriation - Wastewater Enterprise General Reserve - Claims Settlements and Related Expenses as a Result of Winter Storms - $5,000,000 - FY2016-2017 - Pages: 3-4 - Sponsors: Mayor - Vote 1: final-passage, likely final - Action: 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 ### File 150969: Planning Code - Affordable Housing Bonus Programs - Pages: 4-5 - Sponsors: Mayor; Tang and Safai - Vote 1: other - Action: 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 - Vote 2: amendment - Action: 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 - Vote 3: amendment - Action: 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 - Vote 4: amendment - Action: 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 - Vote 5: first-reading - Action: 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 ### File 170581: Appropriation and De-Appropriation - Fund Balance and Expenditures of $18,982,258 - Supporting Increased Overtime Expenditures - FY2016-2017 - Pages: 5 - Sponsors: Mayor - Vote 1: first-reading - Action: 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 ### File 170321: Agreement Amendment - Positive Resource Center - Behavioral Health Services - Not to Exceed $10,744,447 - Pages: 5 - Vote 1: adoption, likely final - Action: 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 ### File 170323: Prevailing Wage Rates - Security Guard Services - Pages: 5-6 - Vote 1: adoption, likely final - Action: 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 ## Extracted text ### [Page 4](https://sfbos.info/documents/442/2017-05-23-minutes#page-4) Board of Supervisors Meeting Minutes 5/23/2017 Referred Without Recommendation from the Land Use and Transportation Committee 150969 [Planning Code - Affordable Housing Bonus Programs] Sponsors: Mayor; Tang and Safai Ordinance amending Planning Code, Section 206, to amend the 100 Percent Affordable Housing Bonus Program to add the HOME-SF Program, the Analyzed State Density Bonus Program, and the Individually Requested State Density Bonus Program, to provide for development bonuses and zoning modifications for increased affordable housing, in compliance with, and above those required by the State Density Bonus Law, Government Code, Section 65915, et seq.; to establish the procedures in which the HOME-SF Program shall be reviewed and approved; adding a fee for applications under the Programs; affirming the Planning Department’s determination under the California Environmental Quality Act; making findings of public convenience, necessity, and welfare under Planning Code, Section 302; and making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. Privilege of the floor was granted unanimously to AnMarie Rodgers (Planning Department) and Jon Givner (Office of the City Attorney) who responded to questions raised throughout the discussion. Supervisor Tang, seconded by Supervisor Safai, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 13, Lines 14-18, by striking ‘(C) lots occupied by Gas Stations, Private or Public Parking Lots, Financial Services, Fringe Financial Services, Formula Retail, Self Storage, Motel, Automobile Sales or 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: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee 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: 4 - Fewer, Kim, Ronen, Yee Noes: 7 - 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: 4 - Fewer, Kim, Ronen, Yee Noes: 7 - 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: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee City and County of San Francisco Page 405 Printed at 10:04 am on 7/14/17 ### [Page 5](https://sfbos.info/documents/442/2017-05-23-minutes#page-5) Board of Supervisors Meeting Minutes 5/23/2017 PASSED ON FIRST READING AS AMENDED by the following vote: Ayes: 10 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang Noes: 1 - Yee NEW BUSINESS Recommendation of the Budget and Finance Committee 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: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee Recommendations of the Budget and Finance Sub-Committee 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: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee 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: 11 - Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee City and County of San Francisco Page 406 Printed at 10:04 am on 7/14/17