Board of Supervisors Minutes: June 27, 2017

170588 [Settlement of Unlitigated Claim - Jessica Kennedy - $375,000] Resolution approving the settlement of the unlitigated claim filed by Jessica Kennedy against the City and County of San Francisco for $375,000; the claim was filed on June 16, 2016; the claim involves an employment dispute. (City Attorney) Resolution No. 263-17 ADOPTED The foregoing items were acted upon by the following vote:

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

170554 [Amending Ordinance No. 1061 - Sidewalk Width Change - Southeast Corner of Mission and First Streets, First Street, and Fremont Street] Sponsor: Kim Ordinance amending Ordinance No. 1061, entitled “Regulating the Width of Sidewalks," to change the official sidewalk width of certain locations along First Street southeast of Mission Street, along Mission Street between First and Fremont Streets, and along Fremont Street southeast of Mission Street, and creating a new sidewalk bulb-out at the east corner of First and Mission Streets; 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. Ordinance No. 141-17 FINALLY PASSED by the following vote:

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

170441 [Health Code - Banning the Sale of Flavored Tobacco Products] Sponsors: Cohen; Safai, Breed, Farrell, Sheehy, Tang and Yee Ordinance amending the Health Code to prohibit tobacco retailers from selling flavored tobacco products, including menthol cigarettes. (Economic Impact) Ordinance No. 140-17 FINALLY PASSED by the following vote:

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

170444 [Administrative Code - Kindergarten to College Fund] Sponsor: Sheehy Ordinance amending the Administrative Code to create the Kindergarten to College Fund. PASSED, ON FIRST READING by the following vote:

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

170673 [Re-Appropriation - 2014 Transportation and Road Improvements General Obligation Bonds Series 2015B Projects - $26,200,000 - FY2017-2018] Sponsor: Mayor Ordinance re-appropriating $26,200,000 of 2014 Transportation and Road Improvements General Obligation Bonds Series 2015B funded Better Market Street projects and Muni Forward and Pedestrian Safety Improvements Projects to Transit projects including Muni Facility Upgrades in FY2017-2018. (Fiscal Impact) PASSED, ON FIRST READING by the following vote:

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

170675 [Appropriation - Airport Hotel Project of $70,060,000 and Re-Appropriation - Hotel Special Facility Revenue Bond of $25,000,000 - Airport Commission - FY2016-2017] Sponsor: Mayor Ordinance appropriating $70,060,000, consisting of $35,000,000 of proceeds from the sale of Airport Capital Plan Bonds and $60,000 from fund balance, and $35,000,000 of proceeds transfer from Hotel Special Facility Revenue Bonds, to support San Francisco International Airport Hotel Project and placing $70,000,000 on Controller’s Reserve pending receipt of proceeds of indebtedness; and de-appropriating and re-appropriating $25,000,000 of Hotel Special Facility Revenue Bonds. (Fiscal Impact) PASSED, ON FIRST READING by the following vote:

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

170677 [Appropriation - Proceeds from Water Enterprise Revenue Bonds - Property Purchase Located at Rollins Road - FY2017-2018 - $9,132,962] Sponsor: Mayor Ordinance appropriating $9,132,962 of proceeds from Water Enterprise Revenue Bonds to purchase the property located at 1657-1663 Rollins Road, Burlingame that has served as the primary work location for San Francisco Public Utilities Commission (SFPUC) staff from the Water Quality Division, the Natural Resources & Land Management Division, and the Water Supply & Treatment Division in FY2017-2018; and placing $9,132,962 of proceeds on Controller’s Reserve pending receipt of proceeds of indebtedness. (Fiscal Impact) PASSED ON FIRST READING by the following vote:

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

170678 [Ordinance Amendment - Public Utilities Commission - Water Revenue Bond Issuance - Not to Exceed $274,130,430] Sponsor: Mayor Ordinance amending Ordinance No. 112-16 to authorize an increase of the issuance and sale of tax-exempt or taxable Water Revenue Bonds and other forms of indebtedness (as described below) by the San Francisco Public Utilities Commission (Commission) to an aggregate principal amount not to exceed $274,130,430 to finance the costs of various capital water projects benefitting the Water Enterprise, including new funding to finance the cost of the acquisition of the Rollins Road Property (as described below) 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; authorizing the issuance of Water Revenue Refunding Bonds; declaring the Official Intent of the Commission to reimburse itself with one or more issues of tax-exempt or taxable bonds or other forms of indebtedness; and ratifying previous actions taken in connection therewith. (Public Utilities Commission) (Fiscal Impact) PASSED ON FIRST READING by the following vote:

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

Street, and 964 Natoma Street - Recreation and Park Department - $9,725,000] Sponsor: Kim Resolution approving and authorizing an agreement for the City’s acquisition of five parcels of improved real estate, consisting of approximately 19,500 square feet in land area, including the assumption of certain existing leases, from Ares Commercial Properties, Inc., for $9,725,000; placing the property under the jurisdiction of the Recreation and Park Department, and authorizing the use of revenues from the property for property-related costs and future park planning; adopting findings under the California Environmental Quality Act for the acquisition, but requiring any future park conversion project to be subject to the review and approval of the Recreation and Park Commission following environmental review; adopting findings that the conveyance is consistent with the General Plan, and the eight priority policies of Planning Code, Section 101.1; and authorizing the Director of Property to execute documents, make certain modifications, and take certain actions in furtherance of the purchase agreement and this Resolution. (Fiscal Impact) Resolution No. 261-17 ADOPTED by the following vote:

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

170589 [Contract Approval - Children’s Council of San Francisco - Early Care and Education Integrated Services - $204,233,857] Resolution approving the contract between the City and County of San Francisco and Children’s Council of San Francisco for the provision of Early Care and Education Integrated Services to support the City’s implementation of the San Francisco Citywide Plan for Early Care and Education for the period of July 1, 2017, through June 30, 2020, in the amount of $204,233,857. (Human Services Agency) (Fiscal Impact) Resolution No. 264-17 ADOPTED by the following vote:

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

170590 [Contract Approval - Wu Yee Children’s Services - Early Care and Education Integrated Services Contract - $31,322,180] Resolution approving the contract between the City and County of San Francisco and Wu Yee Children’s Services for the provision of Early Care and Education Integrated Services to support the City’s implementation of the San Francisco Citywide Plan for Early Care and Education for the period of July 1, 2017, through June 30, 2020, in the amount of $31,322,180. (Human Services Agency) (Fiscal Impact) Resolution No. 265-17 ADOPTED by the following vote:

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

170632 [Contract Amendment - Budget and Legislative Analyst Services - Not to Exceed $12,889,420] Resolution authorizing the Clerk of the Board to amend the Budget and Legislative Analyst Services contract to exercise an option to extend the term through December 31, 2019 and to enact a 2.25% cost-of-living adjustment effective July 1, 2017, increasing the total contract amount by $4,471,947 for a total amount not to exceed $12,889,420 for the period of January 1, 2014, through December 31, 2019. (Clerk of the Board) (Fiscal Impact; No Budget and Legislative Analyst Report) Resolution No. 266-17 ADOPTED by the following vote:

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

dvertising - Small Business Exchange; Sing Tao Daily; World Journal SF LLC; El Reportero; Bay Area Reporter; The Potrero View; Jasmine Blue Media, dba Marina Times - FY2017-2018] Resolution designating Small Business Exchange to be the outreach periodical of the City and County of San Francisco for the African American community; Sing Tao Daily and World Journal SF LLC to be the outreach periodical of the City and County of San Francisco for the Chinese community; El Reportero to be the outreach periodical of the City and County of San Francisco for the Hispanic community; Bay Area Reporter to be the outreach periodical of the City and County of San Francisco for the Lesbian, Gay, Bisexual and Transgender community; The Potrero View to be the neighborhood outreach periodical of the City and County of San Francisco for the Potrero Hill, Bayview, Mission Bay and SoMa neighborhoods; and Jasmine Blue Media, dba Marina Times, to be the neighborhood outreach periodical of the City and County of San Francisco for the Marina and Cow Hollow neighborhoods; to provide outreach advertising for FY2017-2018. (Office of Contract Administration) Resolution No. 267-17 ADOPTED by the following vote:

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

170648 [Official Advertising - San Francisco Print Media Co., dba San Francisco Examiner - FY2017-2018] Resolution designating San Francisco Print Media Co., dba San Francisco Examiner, to be the official newspaper of the City and County of San Francisco for all official advertising for FY2017-2018. (Office of Contract Administration) Resolution No. 268-17 ADOPTED by the following vote:

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

170696 [Airport Commission Capital Plan Bonds - New Authorized Aggregate Principal Amount of $278,000,000 - Airport Commission Special Facility Bonds - New Authorized Aggregate Principal Amount of $260,000,000 - Airport Hotel Financing] Resolution approving the issuance of up to $35,000,000 additional aggregate principal amount of Airport Commission Capital Plan Bonds, for a new authorized aggregate principal amount of $278,000,000 and the issuance of up to $35,000,000 additional aggregate principal amount of Airport Commission Special Facility Bonds, for a new authorized aggregate principal amount of $260,000,000 to finance a hotel at the San Francisco International Airport. (Airport Commission) (Fiscal Impact) Resolution No. 269-17 ADOPTED by the following vote:

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

170698 [Agreement Amendment - California Department of Health Care Services - Whole Person Care Pilot Expansion] Resolution authorizing the Director of Health to sign an amended agreement with the California Department of Health Care Services for expansion of the Whole Person Care Pilot to fund coordination of health, behavioral health, and social services in a patient-centered manner with the goal of improved beneficiary health and wellbeing through more efficient and effective use of resources. (Public Health Department) Resolution No. 256-17 ADOPTED by the following vote:

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

170699 [Contract Renewal - Community Behavioral Health Services - Mental Health Services] Resolution retroactively approving Performance Contract No. 16-93139, between Community Behavioral Health Services and the Department of Health Care Services, incorporating the Mental Health Services Act, Projects for Assistance in Transition from Homelessness, the Mental Health Plan, and Community Mental Health Services Grant for the period of July 1, 2016, through June 30, 2017. (Public Health Department) Resolution No. 257-17 ADOPTED by the following vote:

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

170350 [Police, Administrative Codes - Employer Consideration of Applicant’s Salary History] Sponsors: Farrell; Tang, Ronen, Cohen, Breed and Peskin Ordinance amending the Police and Administrative Codes to ban employers, including City contractors and subcontractors, from considering current or past salary of an applicant in determining whether to hire an applicant or what salary to offer the applicant, and from asking applicants about their current or past salary; to prohibit employers, including City contractors and subcontractors, from disclosing a current or former employee’s salary history without that employee’s authorization unless the salary history is publicly available; authorizing the Office of Labor Standards Enforcement to implement and enforce these provisions; and authorizing the City to bring a civil action against an employer for violations. PASSED, ON FIRST READING by the following vote:

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

170705 [Assessment Ballot for a City-Owned Parcel - Japantown Community Benefit District] Sponsor: Breed Resolution authorizing the Mayor, or his designee, to cast an assessment ballot in the affirmative on behalf of the City and County of San Francisco, as the owner of one parcel of real property over which the Board of Supervisors has jurisdiction that would be subject to assessment in the proposed property and business improvement district to be named the Japantown Community Benefit District. Resolution No. 270-17 ADOPTED by the following vote:

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

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 Jon Givner (Office of the City Attorney) who responded to questions raised throughout the discussion. Supervisor Kim, seconded by Supervisor Peskin, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 6, Line 23, by striking ‘January 1, 2013’ and adding ‘January 12, 2016’; on Page 14, Line 14, by adding ‘affordable’ after ‘construction of’; on Page 15, Line 7, by adding ‘in its sole and absolute discretion, and within the legal allowances of the Residential Nexus’, and Line 23, by adding ‘affordable’ after ‘constructing’, and ‘including development and acquisition costs’ after ‘housing’; and on Page 16, Line 13, Page 29, Line 23, and Page 39, Line 21, by adding ‘The applicable amount of the inclusionary housing fee or percentage required for the on-site or off-site alternatives shall be determined based upon the date that the project sponsor has submitted a complete Environmental Evaluation application.’ before ‘In the event’. The motion carried by the following vote:

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

PASSED ON FIRST READING AS AMENDED by the following vote:

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

170639 [Affirming the Categorical Exemption Determination - Proposed San Francisco Municipal Transportation Agency - 13th Street Eastbound Bicycle Facility Project] Motion affirming the determination by the Planning Department that the San Francisco Municipal Transportation Agency’s proposed 13th Street Eastbound Bicycle Facility Project is categorically exempt from further environmental review. (Clerk of the Board) Motion No. M17-106 Supervisor Ronen, seconded by Supervisor Kim, moved that this Motion be APPROVED. The motion carried by the following vote:

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

170640 [Conditionally Reversing the Categorical Exemption Determination - Proposed San Francisco Municipal Transportation Agency - 13th Street Eastbound Bicycle Facility Project] Motion conditionally reversing the determination by the Planning Department that the San Francisco Municipal Transportation Agency’s proposed 13th Street Eastbound Bicycle Facility Project is categorically exempt from further environmental review, subject to the adoption of written findings of the Board in support of this determination. (Clerk of the Board) Supervisor Ronen, seconded by Supervisor Kim, moved that this Motion be TABLED. The motion carried by the following vote:

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

170641 [Preparation of Findings to Reverse the Categorical Exemption Determination - Proposed San Francisco Municipal Transportation Agency - 13th Street Eastbound Bicycle Facility Project] Motion directing the Clerk of the Board to prepare findings reversing the determination by the Planning Department that the San Francisco Municipal Transportation Agency’s proposed 13th Street Eastbound Bicycle Facility Project is categorically exempt from further environmental review. (Clerk of the Board) Supervisor Ronen, seconded by Supervisor Kim, moved that this Motion be TABLED. The motion carried by the following vote:

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

170296 [Planning Code, Zoning Map - Corona Heights Large Residence Special Use District] Sponsor: Sheehy Ordinance amending the Planning Code and Sectional Maps SU06 and SU07 of the Zoning Map to create the Corona Heights Large Residence Special Use District (the area within a perimeter established by Market Street, Clayton Street, Ashbury Street, Clifford Terrace, Roosevelt Way, Museum Way, the eastern property line of Assessor's Parcel Block No. 2620, Lot No. 063, the eastern property line of Assessor's Parcel Block No. 2619, Lot No. 001A, and Douglass Street; and in addition, all additional parcels fronting States Street), to promote and enhance neighborhood character and affordability by requiring Conditional Use authorization for large residential developments in the district; 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 adopting 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, Yee

occupant to sue for three times any excess rent charged; extend the statute of limitations for wrongful eviction claims based on an unlawful OMI from one year to five years; and making clarifying changes. Privilege of the floor was granted unanimously to Jon Givner (Office of the City Attorney) who responded to questions raised throughout the discussion. Supervisor Sheehy, seconded by Supervisor Farrell, moved to AMEND the Ordinance by adding a new Section 37.11A(b). Before the vote was taken, Supervisor Peskin made a motion to further amend the motion. Supervisor Peskin, seconded by Supervisor Ronen, moved that the motion made by Supervisor Sheehy be AMENDED by striking the proposed language ‘Such action shall be brought no later than five years after (1) the date the landlord files the first statement of occupancy with the Rent Board under Section 37.9(a)(8)(vii) or (2) three months after the landlord recovers possession, whichever is earlier.’ and adding ‘Such action shall be filed within three years after an affected tenant knew, or through the exercise of reasonable diligence should have known, of the facts constituting the violation.’ The motion carried by the following vote:

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

Supervisor Sheehy, seconded by Supervisor Farrell, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 15, Line 5, by adding a new Section 37.11A(b) to provide that any organization with tax exempt status under 26 United States Code Section 501(c)(3) or 501(c)(4), that has a primary mission of protecting the rights of tenants in San Francisco, may bring a civil action for injunctive relief and/or damages against a landlord who has wrongfully endeavored to recover, or has recovered, possession of a rental unit in violation of Section 37.9, within specified timeframes and guidelines, including the further amendment moved by Supervisor Peskin. The motion carried by the following vote:

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

City and County of San Francisco Page 520 Printed at 5:19 pm on 9/6/17 Board of Supervisors Meeting Minutes 6/27/2017 Supervisor Kim, seconded by Supervisor Peskin, moved that this Ordinance be AMENDED on Page 11, Line 8, by adding a new Subsection 37.9E(h) regarding 'Filing of Buyout Agreements.' The motion FAILED by the following vote:

Ayes: Fewer, Kim, Peskin, Ronen, Yee

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

Supervisor Peskin, seconded by Supervisor Tang, 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

Supervisor Kim, seconded by Supervisor Peskin, moved that this Ordinance be AMENDED on Page 11, Line 8, by adding a new Subsection 37.9E(h) that reads ‘Filing of Buyout Agreements. The landlord shall file a copy of the Buyout Agreement with the Rent Board no sooner than the 46th day after the Buyout Agreement is executed by all parties, and no more than 59 days after the agreement is executed by all parties. Any waiver of rights by a tenant in a Buyout Agreement executed on or after January 1, 2018, that is not filed with the Rent Board within 59 days after execution shall not be enforceable. Buyout agreements rescinded under subsection (g) need not be filed with the Rent Board.’ The motion FAILED by the following vote:

Ayes: Fewer, Kim, Peskin, Ronen, Yee

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

PASSED ON FIRST READING AS AMENDED by the following vote:

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

170702 [Fee Waiver - LMC San Francisco I Holdings, LLC - 1515 South Van Ness Avenue] Sponsors: Mayor; Ronen Ordinance approving a fee waiver under Building Code, Section 106A.4.13, for LMC San Francisco I Holdings, LLC’s project at 1515 South Van Ness Avenue; and adopting findings 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, Yee

170770 [Supporting the Protection of Designated National Marine Sanctuaries] Sponsors: Fewer; Peskin, Yee, Kim, Ronen, Tang and Safai Resolution supporting the protection of designated National Marine Sanctuaries, along the California coast, against the threat of offshore oil exploration and drilling. Supervisors Kim, Ronen, Tang, and Safai requested to be added as co-sponsors. Resolution No. 272-17 ADOPTED The foregoing items were acted upon by the following vote:

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

Excused: Tang