Board of Supervisors Minutes: September 19, 2017

170796 [Settlement of Lawsuit - Bernard Sandoval - $120,000] Ordinance authorizing settlement of the lawsuit filed by Bernard Sandoval against the City and County of San Francisco for $120,000; the lawsuit was filed on June 25, 2015, in San Francisco Superior Court, Case No. CGC-15-546562; entitled Bernard Sandoval v. City and County of San Francisco; the lawsuit involves an employment dispute. (City Attorney) Ordinance No. 194-17 FINALLY PASSED The foregoing items were acted upon by the following vote:

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

Excused: Cohen, Farrell, Safai, Tang

170834 [Planning Code - Inclusionary Affordable Housing Fee and Requirements] Sponsors: Breed; Kim, Peskin, Safai and Tang Ordinance amending the Planning Code to revise the amount of the Inclusionary Affordable Housing Fee and the On-Site and Off-Site Affordable Housing Alternatives and other Inclusionary Housing requirements; to clarify Inclusionary Housing requirements in the Transbay C-3 Special Use District; affirming the Planning Department’s determination under the California Environmental Quality Act; making findings of public necessity, convenience, 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. Supervisor Kim, seconded by Supervisor Ronen, moved that this Ordinance be CONTINUED ON FINAL PASSAGE to the Board of Supervisors meeting of September 26, 2017. The motion carried by the following vote:

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

Excused: Cohen, Farrell, Safai, Tang

170862 [Setting Property Tax Rate and Establishing Pass-Through Rate for Residential Tenants - FY2017-2018] Sponsor: Mayor Ordinance levying property taxes at a combined rate of $1.1723 on each $100 valuation of taxable property for the City and County of San Francisco, San Francisco Unified School District, San Francisco Community College District, Bay Area Rapid Transit District, and Bay Area Air Quality Management District, and establishing a pass-through rate of $0.0890 per $100 of assessed value for residential tenants pursuant to Administrative Code, Chapter 37, for the fiscal year ending June 30, 2018. (Fiscal Impact) PASSED ON FIRST READING by the following vote:

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

Excused: Cohen, Farrell, Safai, Tang

170821 [Accept and Expend Grant - Public Health Foundation Enterprises, Inc. - Zika Response Resources Grant - $225,366] Sponsor: Mayor Resolution retroactively authorizing the Department of Public Health to accept and expend a grant in the amount of $225,366 from Public Health Foundation Enterprises, Inc., to participate in a program entitled Zika Response Resources Grant, for the period of March 1, 2017, through July 31, 2018. (Public Health Department) Resolution No. 347-17 ADOPTED by the following vote:

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

Excused: Cohen, Farrell, Safai, Tang

170825 [Professional Service Agreement - Associated Right of Way Services, Inc. - Relocation Services - Not to Exceed $1,250,000] Sponsor: Kim Resolution approving a Professional Services Contract for relocation services between Treasure Island Development Authority and Associated Right of Way Services, Inc., for a five year term to commence following Board approval through June 30, 2022, and two two-year options to extend, for an amount not to exceed $1,250,000 over the initial five year term. (Fiscal Impact) Resolution No. 348-17 ADOPTED by the following vote:

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

Excused: Cohen, Farrell, Safai, Tang

170832 [Grant Approval - Low Income Investment Fund - Child Care Facilities Fund and Technical Assistance - $25,377,250] Resolution retroactively approving the grant between the City and County of San Francisco and Low Income Investment Fund for the purpose of administering the San Francisco Child Care Facilities Fund and providing technical assistance for the period of July 1, 2017, through June 30, 2020, in the amount of $25,377,250. (Human Services Agency) (Fiscal Impact) Resolution No. 349-17 ADOPTED by the following vote:

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

Excused: Cohen, Farrell, Safai, Tang

170833 [Real Property Lease - T-Mobile West LLC - Zuckerberg San Francisco General Hospital and Trauma Center, Building 25 - 1001 Potrero Avenue - $5,000 Per Month Base Rent Exempt] Resolution authorizing and approving the lease of a portion of the equipment room at Zuckerberg San Francisco General Hospital and Trauma Center, Building 25, with T-Mobile West LLC, a Delaware limited liability company, at the monthly base rent of $5,000 which shall be waived while participating in the Distributed Antenna System and providing enhanced cellular services to the City staff, UCSF staff, patients, and visitors within Building 25, for a five year term to commence upon approval by the Board of Supervisors and Mayor, with three five-year options to extend. (Real Estate Department) Resolution No. 350-17 ADOPTED by the following vote:

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

Excused: Cohen, Farrell, Safai, Tang

170874 [Professional Services Agreement - CH2M HILL Engineers, Inc. - Planning, Engineering, Environmental Services for the Seawall Resiliency Project - Not to Exceed $39,984,714] Sponsor: Mayor Resolution approving and authorizing the Executive Director of the Port of San Francisco to execute a professional services agreement with CH2M HILL Engineers, Inc., for planning, engineering, and environmental services for the Seawall Resiliency Project, for an amount not to exceed $39,984,714, and a term of ten years to commence on the later of October 2, 2017, or the effective date through October 1, 2027. (Port) (Fiscal Impact) Resolution No. 351-17 ADOPTED by the following vote:

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

Excused: Cohen, Farrell, Safai, Tang

170875 [Apply for Grant - California Department of Housing and Community Development - No Place Like Home - Up to $150,000] Sponsor: Mayor Resolution authorizing the Department of Homelessness and Supportive Housing to apply for a technical assistance grant in an amount up to $150,000 from the California Department of Housing and Community Development to support the planning and implementation of No Place Like Home. Resolution No. 344-17 ADOPTED by the following vote:

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

Excused: Cohen, Farrell, Safai, Tang

mmunity Development (“Director”) to submit an application and related documents to the California Debt Limit Allocation Committee (“CDLAC”) to permit the issuance of residential mortgage revenue bonds in an aggregate principal amount not to exceed $95,000,000 for 1950 Mission Street; authorizing and directing the Director to direct the Controller’s Office to hold in trust an amount not to exceed $100,000 in accordance with CDLAC procedures; authorizing the Director to certify to CDLAC that the City has on deposit the required amount; authorizing the Director to pay an amount equal to such deposit to the State of California if the City fails to issue the residential mortgage revenue bonds; approving, for purposes of the Internal Revenue Code of 1986, as amended, the issuance and sale of residential mortgage revenue bonds by the City in an aggregate principal amount not to exceed $95,000,000; authorizing and directing the execution of any documents necessary to implement this Resolution; and ratifying and approving any action heretofore taken in connection with the Project, as defined herein, and the Application, as defined herein. Resolution No. 352-17 ADOPTED by the following vote:

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

Excused: Cohen, Farrell, Safai, Tang

y Development (“Director”) to submit an application and related documents to the California Debt Limit Allocation Committee (“CDLAC”) to permit the issuance of residential mortgage revenue bonds in an aggregate principal amount not to exceed $65,000,000 for 490 South Van Ness Avenue; authorizing and directing the Director to direct the Controller’s Office to hold in trust an amount not to exceed $100,000 in accordance with CDLAC procedures; authorizing the Director to certify to CDLAC that the City has on deposit the required amount; authorizing the Director to pay an amount equal to such deposit to the State of California if the City fails to issue the residential mortgage revenue bonds; approving, for purposes of the Internal Revenue Code of 1986, as amended, the issuance and sale of residential mortgage revenue bonds by the City in an aggregate principal amount not to exceed $65,000,000; authorizing and directing the execution of any documents necessary to implement this Resolution; and ratifying and approving any action heretofore taken in connection with the Project, as defined herein, and the Application, as defined herein. Resolution No. 353-17 ADOPTED by the following vote:

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

Excused: Cohen, Farrell, Safai, Tang

velopment (“Director”) to submit an application and related documents to the California Debt Limit Allocation Committee (“CDLAC”) to permit the issuance of residential mortgage revenue bonds in an aggregate principal amount not to exceed $50,000,000 for 1294 and 1296 Shotwell Street; authorizing and directing the Director to direct the Controller’s Office to hold in trust an amount not to exceed $100,000 in accordance with CDLAC procedures; authorizing the Director to certify to CDLAC that the City has on deposit the required amount; authorizing the Director to pay an amount equal to such deposit to the State of California if the City fails to issue the residential mortgage revenue bonds; approving, for purposes of the Internal Revenue Code of 1986, as amended, the issuance and sale of residential mortgage revenue bonds by the City in an aggregate principal amount not to exceed $50,000,000; authorizing and directing the execution of any documents necessary to implement this Resolution; and ratifying and approving any action heretofore taken in connection with the Project, as defined herein, and the Application, as defined herein. Resolution No. 355-17 ADOPTED by the following vote:

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

Excused: Cohen, Farrell, Safai, Tang

ses in the Telegraph Hill-North Beach Residential SUD, and the Broadway and North Beach NCDs; and 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 convenience, necessity, and welfare under Planning Code, Section 302. Supervisor Peskin, seconded by Supervisor Fewer, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE, on Page 5, Line 5, by adding ‘Residential’; on Page 10, Line 6, by striking ‘Commission’ and adding ‘City’, and Line 11, by adding ‘eliminate or’; and on Page 13, Lines 12-16, by adding ‘Section 3. The proposed ordinance in Board File No. 170419 initially proposed to revise the definition of Formula Retail in Planning Code Section 303.1. On September 11, 2017, the Board of Supervisors’ Land Use and Transportation Committee amended the proposed ordinance to remove the proposed changes to Section 303.1. Accordingly, Section 303.1 and the proposed changes to that Section have been deleted from this ordinance.’ The motion carried by the following vote:

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

Excused: Cohen, Farrell, Safai, Tang

PASSED ON FIRST READING AS AMENDED by the following vote:

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

Excused: Cohen, Farrell, Safai, Tang

170837 [Building Code - Mandatory Disability Access Improvements - Extension of Time For Compliance and Report to the Board of Supervisors] Sponsor: Tang Ordinance amending Chapter 11D of the Building Code to extend the time for compliance with the requirement that an existing building with a place of public accommodation either have all primary entries and path of travel into the building accessible by persons with disabilities or receive from the City a determination of equivalent facilitation, technical infeasibility, or unreasonable hardship, the Department of Building Inspection’s report to the Board of Supervisors, and the limitation on granting extensions of time; restating the findings of local conditions under the California Health and Safety Code; and directing the Clerk of the Board of Supervisors to forward the legislation to the California Building Standards Commission upon final passage. PASSED ON FIRST READING by the following vote:

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

Excused: Cohen, Farrell, Safai, Tang

170884 [Urging the Recreation and Parks Commission to Remove the Name of Justin Herman from the Plaza on The Embarcadero] Sponsors: Peskin; Breed, Kim, Cohen, Ronen, Fewer, Yee, Sheehy, Farrell, Safai and Tang Resolution urging the Recreation and Parks Commission to remove the name of Justin Herman from the plaza located at the intersection of The Embarcadero and Market Street. Resolution No. 354-17 ADOPTED by the following vote:

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

Excused: Cohen, Farrell, Safai, Tang

161065 [Police Code - Rental Car Disclosure Requirements] Sponsors: Breed; Yee, Farrell, Ronen, Sheehy, Kim and Safai Ordinance amending the Police Code to require rental car companies to provide written disclosures to customers advising them to remove valuables from the rental vehicle and lock the doors. Supervisor Kim requested to be added as a co-sponsor. PASSED ON FIRST READING by the following vote:

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

Excused: Cohen, Farrell, Safai, Tang

170421 [Police Code - Rental Car Restrictions to Reduce Burglaries] Sponsors: Yee; Ronen, Sheehy, Kim, Breed and Safai Ordinance amending the Police Code to restrict visible barcodes and advertising on rental cars rented in the City or at San Francisco International Airport. Supervisors Kim and Breed requested to be added as co-sponsors. PASSED ON FIRST READING by the following vote:

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

Excused: Cohen, Farrell, Safai, Tang

acility Site Permit requirement; to allow a permittee to choose to pay an “in-lieu” fee instead of installing a street tree; to allow a permittee to choose to pay an “in-lieu” fee instead of permitting the installation of a mural on its Surface-Mounted Facility; to repeal the requirements that a permittee install landscaping or pay an “in-lieu” fee and maintain the required landscaping; to repeal the requirement that an applicant for a Surface-Mounted Facility Site Permit make reasonable efforts to locate the facility on private property before submitting an application; to require Public Works to submit a report to the Board of Supervisors every two years on the number of applications for Surface-Mounted Facility Site Permits submitted and issued and on maintenance and graffiti abatement activities at existing Surface-Mounted Facilities; to amend the requirement that a permittee maintain any required street tree; and to amend the Administrative Code to require that the mural “in-lieu” fees be deposited in the Public Works Street Beautification Fund to be used to fund murals and other beautification projects in the public right-of-way. PASSED ON FIRST READING by the following vote:

Ayes: Breed, Cohen, Fewer, Ronen, Sheehy, Yee

Noes: Kim, Peskin

Excused: Farrell, Safai, Tang

170556 [Park Code - Using Glass Beverage Containers in Parks] Sponsor: Sheehy Ordinance amending the Park Code to prohibit the use of glass beverage containers, with certain exceptions, in all City parks. Supervisor Sheehy, seconded by Supervisor Kim, moved that this Ordinance be CONTINUED ON FIRST READING to the Board of Supervisors meeting of September 26, 2017. The motion carried by the following vote:

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

Excused: Farrell, Safai, Tang

170643 [Liquor License - 543-2nd Street - Zaza Nail Spa] Resolution determining that the issuance of an extension on premise of a Type-42 on-sale beer and wine public premises license to Rachel Cheng for Zaza Nail Spa, located at 543-2nd 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) Resolution No. 346-17 ADOPTED by the following vote:

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

Excused: Farrell, Safai, Tang

170915 [Liquor License - 195 Pine Street - 7-Eleven] Resolution determining that the transfer of a Type-20 off-sale beer and wine liquor license to Jennifer Bernardo, dba 7-Eleven, Inc., located at 195 Pine Street (District 3), 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) Resolution No. 356-17 ADOPTED by the following vote:

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

Excused: Farrell, Safai, Tang

170741 [Business and Tax Regulations Code - Central Market Street and Tenderloin Area Citizen's Advisory Committee] Sponsor: Kim Ordinance amending the Business and Tax Regulations Code to reduce the size of the Central Market Street and Tenderloin Area Citizen's Advisory Committee from eleven seats to five, set a sunset date for the Committee, prohibit the City Administrator from executing a Community Benefit Agreement subject to the Committee’s review until the Committee has had an opportunity to review the proposed agreement and make recommendations; and make other administrative changes. PASSED ON FIRST READING by the following vote:

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

Excused: Farrell, Safai, Tang

170968 [Appointments, Bay Area Regional Interoperable Communications System Authority (BayRICS) - Chief William Scott and Lieutenant Michael Deely] Motion appointing Chief William Scott and Lieutenant Michael Deely, for indefinite terms, to the Bay Area Regional Interoperable Communications System Authority (BayRICS). (Rules Committee) Motion No. M17-136 APPROVED by the following vote:

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

Excused: Farrell, Safai, Tang

170969 [Mayoral Reappointment, Entertainment Commission - Al Perez] Motion approving the Mayor’s reappointment of Al Perez to the Entertainment Commission, for a term ending July 1, 2021. (Rules Committee) (Charter, Section 4.117, provides that this nomination is subject to approval by the Board of Supervisors and shall be the subject of a public hearing and vote within 60 days from the date the nomination is transmitted to the Clerk of the Board. If the Board fails to act on the nomination within 60 days of the date the nomination is transmitted to the Clerk, then the nominee shall be deemed approved. Transmittal date: September 5, 2017.) Motion No. M17-137 APPROVED by the following vote:

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

Excused: Farrell, Safai, Tang

170970 [Appointments, Sugary Drinks Distributor Tax Advisory Committee - Vanessa Bohm, Kent Woo, Joi Jackson-Morgan, Roberto Ariel Vargas, Jonathan Butler, Areeya Chananudech, Janna Cordeiro, and Lyra Ng] Motion appointing Vanessa Bohm, Kent Woo, Joi Jackson-Morgan (residency requirement waived), Roberto Ariel Vargas (residency requirement waived), Jonathan Butler, Areeya Chananudech, Janna Cordeiro, and Lyra Ng (residency requirement waived), terms ending December 31, 2018, to the Sugary Drinks Distributor Tax Advisory Committee. (Rules Committee) APPROVED by the following vote:

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

Excused: Farrell, Safai, Tang

Supervisor Yee, seconded by Supervisor Kim, moved to rescind the previous vote to allow additional discussion on this matter. The motion carried by the following vote:

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

Excused: Farrell, Safai, Tang

Motion No. M17-138 APPROVED by the following vote:

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

Excused: Farrell, Safai, Tang

170998 [Issuance of Subpoena Duces Tecum - Derrick Roorda] Sponsor: Peskin Motion directing the Clerk of the Board of Supervisors to issue a subpoena duces tecum to Derrick Roorda, requiring him to appear at the Government Audit & Oversight Committee on October 4, 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, and cost benefit analysis for the project at 301 Mission Street; and requiring him to produce documents, correspondence, records, and other materials in his possession related to that project. Motion No. M17-146 APPROVED The foregoing items were acted upon by the following vote:

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

Excused: Farrell, Safai, Tang

170991 [Comfort Women Day - September 22, 2017] Sponsors: Fewer; Kim, Ronen and Yee Resolution declaring September 22, 2017, as Comfort Women Day in the City and County of San Francisco. Supervisor Yee requested to be added as a co-sponsor. Supervisor Fewer, seconded by Supervisor Yee, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 1, Lines 16-17, by striking ‘WHEREAS, The Japanese government to this day has never officially apologized to those survivors; and’. The motion carried by the following vote:

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

Excused: Farrell, Safai, Tang

City and County of San Francisco Page 699 Printed at 12:10 pm on 10/13/17 Board of Supervisors Meeting Minutes 9/19/2017 Resolution No. 358-17 ADOPTED AS AMENDED by the following vote:

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

Excused: Farrell, Safai, Tang

170999 [Closed Session - Labor Negotiations - October 3, 2017] Sponsor: Peskin Motion that the Board of Supervisors convene in closed session on October 3, 2017, with the Department of Human Resources under Administrative Code, Section 67.10(e), and California Government Code, Section 54957.6, regarding labor negotiations of the City’s open labor contracts. Supervisor Peskin, seconded by Supervisor Sheehy, moved that this Motion be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE, on Page 1, Lines 4 and 11, by adding ‘at 3:00 p.m.’ The motion carried by the following vote:

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

Excused: Farrell, Safai, Tang

Motion that the Board of Supervisors convene in closed session on October 3, 2017, at 3:00 p.m. with the Department of Human Resources under Administrative Code, Section 67.10(e), and California Government Code, Section 54957.6, regarding labor negotiations of the City’s open labor contracts. Motion No. M17-147 APPROVED AS AMENDED by the following vote:

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

Excused: Farrell, Safai, Tang

171000 [Adopting Findings Reversing the Final Environmental Impact Report Certification - Alameda Creek Recapture Project] Motion adopting findings reversing the Planning Commission’s certification of the Final Environmental Impact Report for the San Francisco Public Utilities Commission’s proposed Alameda Creek Recapture Project. (Clerk of the Board) Supervisor Peskin, seconded by Supervisor Fewer, moved that this Motion be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 4, Lines 21-22, by adding ‘and to present the results of such review to the Alameda Creek Fisheries Restoration Workgroup’. The motion carried by the following vote:

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

Excused: Farrell, Safai, Tang

Motion No. M17-148 APPROVED AS AMENDED by the following vote:

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

Excused: Farrell, Safai, Tang