Board of Supervisors Minutes: October 17, 2017

171005 [Settlement of Unlitigated Claim - Ronald Terry - $89,500] Resolution approving the settlement of the unlitigated claim filed by Ronald Terry against the City and County of San Francisco for $89,500; the claim was filed on September 27, 2016; the claim involves an employment dispute. (City Attorney) Resolution No. 385-17 ADOPTED The foregoing items were acted upon by the following vote:

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

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 Safai, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 12, Line 7, by striking ‘25% of the’ and adding ‘at least 60% of the off-site affordable’, by striking ‘50%’ and adding ‘55%’, Lines 7-9, by striking ‘for off-site housing’ and adding ‘and the balance of the off-site affordable units using these funds at affordability rates that comply with the requirements of TCAC, CDLAC, and this Section 415’, and Line 10, by striking ‘50%’ and adding ‘55%’; 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

PASSED ON FIRST READING AS AMENDED by the following vote:

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

170669 [Software License and Maintenance Agreement - Mythics Inc. - Oracle Licenses and Software Support - Not to Exceed $11,832,968.89] Resolution authorizing the General Manager of the San Francisco Public Utilities Commission to execute Agreement No. CS-1090 with Mythics Inc. for the purchase of certain as-needed Oracle licenses and software support, for an amount not to exceed $11,832,968.89, and with an anticipated term to commence November 30, 2017, through March 22, 2023. (Public Utilities Commission) (Fiscal Impact) Resolution No. 374-17 ADOPTED by the following vote:

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

Noes: Kim, Peskin

170209 [Public Works Code - Bicycle Chop Shops] Sponsor: Sheehy Ordinance amending the Public Works Code to prohibit the assembly, disassembly, sale, offer of sale, distribution, offer of distribution, or storage of bicycles and bicycle parts on the public right-of-ways, under certain conditions and with certain exceptions; authorize Public Works to remove and seize bicycles and bicycle parts following issuance of a notice of violation; and allow either the recipient of the notice or any other person who can demonstrate lawful ownership to retrieve seized items from Public Works after 30 days. Ordinance No. 203-17 FINALLY PASSED by the following vote:

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

Noes: Fewer, Ronen

170763 [Environment Code - Antibiotic Use in Food Animals] Sponsors: Sheehy; Ronen Ordinance amending the Environment Code to require certain retailers of raw meat and poultry to report the use of antibiotics in such products to the Department of the Environment, and require City departments to report the use of antibiotics in raw meat and poultry purchased by the City to the Department of the Environment. Ordinance No. 204-17 FINALLY PASSED by the following vote:

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

170739 [Waiver of Banner Fee - APA Family Support Services] Sponsor: Cohen Ordinance retroactively authorizing the installation of up to six banners on City-owned utility poles by APA Family Support Services under Public Works Code, Section 184.78, at 1652 Sunnydale Avenue between August 1, 2017, and January 31, 2018; and waiving the fees for those banners. PASSED ON FIRST READING by the following vote:

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

170944 [Waiver of Banner Fee - Office of Economic and Workforce Development - Shop and Dine in the 49 Campaign] Sponsor: Tang Ordinance waiving the banner fees under Public Works Code, Section 184.78, for up to 300 banners to be placed by the Office of Economic and Workforce Development to publicize the City’s “Shop and Dine in the 49” campaign, beginning on November 20, 2017, and for one year. PASSED ON FIRST READING by the following vote:

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

170921 [Administrative Code - Establish a Trial Local Business Enterprise Joint Venture and Core Discipline Incentive Program] Ordinance amending the Administrative Code to establish a trial Local Business Enterprise (LBE) incentive program that would allow an LBE joint venture rating bonus on professional services and design-build contracts over $20 million, and allow departments to use the amount of LBE subcontractor participation in core disciplines as selection criteria in professional services contract procurements. (Public Utilities Commission) PASSED ON FIRST READING by the following vote:

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

170668 [Lease Agreement - Alliance Ground International, LLC - Airport Building 648 - Estimated Rent of $3,820,253] Resolution approving Lease Agreement No. 17-0112 between Alliance Ground International, LLC and the City and County of San Francisco, acting by and through its Airport Commission, for exclusive use of approximately 40,778 square feet of space in Airport Building 648, for an estimated total minimum rent of $3,820,253 and a projected term of three years and seven months. (Airport Commission) Resolution No. 373-17 ADOPTED by the following vote:

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

170798 [Master Lease Amendment - United States Navy - Treasure Island Childcare] Resolution approving Amendment No. 13 to the Treasure Island Childcare Master Lease between the Treasure Island Development Authority and the United States Navy to extend the term for one year, for the period of December 1, 2017, through November 30, 2018. (Treasure Island Development Authority) Resolution No. 376-17 ADOPTED by the following vote:

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

170799 [Master Lease Amendment - United States Navy - Treasure Island Land and Structures] Resolution approving Amendment No. 42 to the Treasure Island Land and Structures Master Lease between the Treasure Island Development Authority and the United States Navy to extend the term for one year, for the period of December 1, 2017, through November 30, 2018. (Treasure Island Development Authority) Resolution No. 377-17 ADOPTED by the following vote:

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

170904 [Mental Health Services Act - Program and Expenditure Plan (Integrated Plan)] Resolution adopting the Mental Health Services Act Program and Expenditure Plan (Integrated Plan) for FY2017-2018 through FY2019-2020. (Public Health Department) Resolution No. 379-17 ADOPTED by the following vote:

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

170951 [Teeter Plan Extension - School Parcel Tax] Sponsor: Peskin Resolution extending the Teeter Plan to special taxes levied for the San Francisco Unified School District under the School Parcel Tax. (Fiscal Impact) Resolution No. 380-17 ADOPTED by the following vote:

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

170952 [Teeter Plan Extension - City College Parcel Tax] Sponsor: Peskin Resolution extending the Teeter Plan to the parcel tax levied for the San Francisco Community College District under the City College Parcel Tax. (Fiscal Impact) Resolution No. 381-17 ADOPTED by the following vote:

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

170953 [Teeter Plan Extension - Bay Restoration Authority Parcel Tax] Sponsor: Peskin Resolution extending the Teeter Plan to parcel taxes levied for the San Francisco Bay Restoration Authority under the San Francisco Bay Clean Water, Pollution Prevention and Habitat Restoration Program. (Fiscal Impact) Resolution No. 382-17 ADOPTED by the following vote:

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

170954 [Teeter Plan Extension - School Facilities Special Tax] Sponsor: Peskin Resolution extending the Teeter Plan to special taxes levied for the San Francisco Unified School District under the School Facilities Special Tax. (Fiscal Impact) Resolution No. 383-17 ADOPTED by the following vote:

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

170956 [Accept and Expend Grant - California Department of Parks and Recreation - Twin Peaks Trail System Improvements - $121,131] Sponsor: Sheehy Resolution retroactively authorizing the Recreation and Park Department to accept and expend a Habitat Conservation Fund Grant from the California Department of Parks and Recreation in the amount of $121,131 for the Twin Peaks Trail System Improvements; authorizing the Director of Real Estate to file a Declaration of Restriction with the Assessor-Recorder against the property designated as Assessor’s Parcel Block No. 2643, Lot No. 021, providing that the use restrictions contained in the Grant Agreement will be covenants, conditions, and restrictions on the use of the property until June 30, 2036; and authorizing the Director of Real Estate to take actions necessary to annul the deed restriction recorded against the property designated as Assessor’s Parcel Block No. 2643, Lot No. 003. (Recreation and Park Department) Resolution No. 384-17 ADOPTED by the following vote:

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

il Grand Jury Report - Planning to Make Our Parks Even Better] Resolution responding to the Presiding Judge of the Superior Court on the findings and recommendations contained in the 2016-2017 Civil Grand Jury Report, entitled "Planning to Make Our Parks Even Better;" and urging the Mayor to cause the implementation of accepted findings and recommendations through his/her department heads and through the development of the annual budget. (Clerk of the Board) Supervisor Kim, seconded by Supervisor Ronen, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 2, Lines 19-21, by adding ‘a hearing request has been introduced at the Board of Supervisors to review the progress of Recreation and Park’s Strategic, Operational and Capital Plans (Board File No. 171072), and’, Line 22, by adding ‘is currently coordinating with the Recreation and Park Department to’, striking ‘anticipates’, striking ‘scheduling’ and adding ‘schedule’, Line 23, by striking ‘a’ and adding ‘the’, and Lines 23-24, by striking ‘on October 18, 2017 to review the progress of Recreation and Park’s Strategic, Operational and Capital Plans’. The motion carried by the following vote:

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

Resolution No. 372-17 ADOPTED AS AMENDED by the following vote:

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

ify, and simplify language in other Planning Code Sections; 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 Safai, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 3, Lines 1-6, by adding ‘Section 2. This section is uncodified. The provisions of this ordinance shall not apply to a project that has received all approvals required under Planning Code Section 305 from the Planning Department by or before December 31, 2017 and the approvals are final. For this purpose, “final” means an approval action under Section 305 that has been completed by the Department and has not been appealed to the Board of Appeals within the appeal period established by Section 8 of the Business and Tax Regulations Code.’; on Page 9, Line 20, by adding ‘preceding ratio’; 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

PASSED ON FIRST READING AS AMENDED by the following vote:

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

170782 [Planning Code, Zoning Map - Rezoning 1990 Folsom Street] Sponsor: Ronen Ordinance amending the Planning Code by revising the Zoning Map to change the zoning designation of 1990 Folsom Street from a use designation of Production, Distribution, and Repair-General and a height and bulk designation of 58-X to a use designation of Urban Mixed Use and a height and bulk designation of 90-X; affirming the Planning Commission’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, Yee

170835 [Amending Ordinance No. 49-17 - 180 Jones Street Affordable Housing Fund] Sponsor: Kim Ordinance amending Ordinance No. 49-17 to change the timeline, for the first payment of $1,500,000 from the project sponsor of 950-974 Market Street to the 180 Jones Street Affordable Housing Fund, from "the issuance of the first construction document for that project or July 1, 2017, whichever comes first," to "the issuance of the first construction document." PASSED ON FIRST READING by the following vote:

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

170860 [Administrative Code - Displaced Tenant Preference in City Affordable Housing] Sponsor: Mayor Ordinance amending the Administrative Code to remove reference to a ten year residency requirement for the Displaced Tenant Preference in City Affordable Housing Programs; 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. Privilege of the floor was granted unanimously to Amy Chan (Mayor's Office of Housing and Community Development) who responded to questions raised throughout the discussion. PASSED ON FIRST READING by the following vote:

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

170599 [Public Works, Police Codes - Permit for Testing of Autonomous Delivery Devices on Sidewalks] Sponsors: Yee; Fewer and Ronen Ordinance amending the Public Works Code to prohibit the operation of autonomous delivery devices on sidewalks and right-of-ways within the jurisdiction of Public Works, amending the Police Code to provide for administrative, civil, or criminal penalties for unlawful operation of autonomous delivery devices; and affirming the Planning Department’s determination under the California Environmental Quality Act. (Supervisor Sheehy dissented in committee.) Supervisor Ronen requested to be added as a co-sponsor. Supervisor Yee, seconded by Supervisor Peskin, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE, by striking the proposed new Public Works Code, Section 723.4, to prohibit autonomous delivery devices; and adding a new proposed Public Works Code, Section 794, that requires permits for autonomous delivery devices on sidewalks. The motion carried by the following vote:

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

unty of San Francisco Page 763 Printed at 2:49 pm on 11/21/17 Board of Supervisors Meeting Minutes 10/17/2017 Ordinance amending the Public Works Code to require a permit for the testing of autonomous delivery devices on sidewalks; amending the Police Code to provide for administrative, civil, or criminal penalties for unlawful operation of autonomous delivery devices; and affirming the Planning Department’s determination under the California Environmental Quality Act. (Supervisor Sheehy dissented in committee.) Supervisor Yee requested that this Ordinance be re-referred back to the Public Safety and Neighborhood Services Committee. Before a second was identified, President Breed indicated she was uncertain whether to send the Ordinance back to the Public Safety and Neighborhood Services Committee or refer it to the Land Use and Transportation Committee. The President requested Supervisor Yee make a motion to send the matter to “committee,” and that the specific committee would be determined at a later time. Supervisor Yee agreed. Supervisor Yee, seconded by Supervisor Safai, moved that this Ordinance be RE-REFERRED AS AMENDED to Committee. The motion carried by the following vote:

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

amending the Environment Code to ban the sale in San Francisco of upholstered furniture and juvenile products made with or containing an added flame retardant chemical. Supervisors Safai and Tang requested to be added as co-sponsors. Supervisor Farrell, seconded by Supervisor Peskin, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 9, Line 1, by adding ‘(1) Except as provided in subsection (a)(2)’, Lines 7-8, by adding ‘(2) The prohibitions set forth in subsection (a)(1) shall apply to Covered Products with electrical or electronic component beginning July 1, 2019.’, Line 19, by adding ‘beginning on July 1, 2018’, Line 20, by striking ‘subject to the restrictions in this Chapter 28’ and adding ‘or other person’, and Line 22, by adding ‘for an Establishment or a Covered Product’, striking ‘Establishment’, and ‘petitioner’; and Page 10, Lines 1-4, by adding ‘By no later than June 30, 2018, the Department of the Environment shall issue rules or regulations establishing a process for the Department’s review of petitions and describing factors that the Department will consider in evaluating petitions.’ 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

170848 [Liquor License - 150 Kearny Street - BevMo!] Resolution determining that the transfer of a Type-21 off-sale general beer, wine, and distilled spirits license; the issuance of a Type-42 on-sale beer and wine public premises license; and the issuance of a Type-86 educational tasting license to Beverages & More, Inc., doing business as BevMo!, located at 150 Kearny Street (District 3), will not serve the public convenience or necessity of the City and County of San Francisco; and requesting that the California Department of Alcoholic Beverage Control deny the issuance of the licenses, in accordance with California Business and Professions Code, Section 23958.4. (Public Safety and Neighborhood Services Committee) Resolution No. 378-17 ADOPTED by the following vote:

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

170964 [Hearing - Committee of the Whole - Disclosure Responsibilities of Board of Supervisors Under Federal Securities Laws - October 24, 2017] Hearing of the Board of Supervisors sitting as a Committee of the Whole on October 24, 2017, at 3:00 p.m., to receive educational training on the Board's legal obligations under Federal and State securities laws with respect to any Official Statement (OS) approvals; scheduled pursuant to Motion No. M17-122, approved by the Board on September 5, 2017. (Clerk of the Board) President Breed opened the public hearing, informed the Board of the requested continuance of the hearing, and inquired as to whether any member of the public wished to address the Board related to the continuance. There were no speakers. President Breed closed public comment on the continuance, adjourned as the Committee of the Whole, and reconvened as the Board of Supervisors. Supervisor Peskin, seconded by Supervisor Kim, moved that this Hearing be CONTINUED to the Board of Supervisors meeting of October 24, 2017, at 3:00 p.m. The motion carried by the following vote:

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

171085 [Adopting the Planning Department's Report on Interim Moratorium on Medical Cannabis Dispensaries] Sponsor: Cohen Motion adopting the Planning Department’s report on the interim zoning moratorium on the approval of medical cannabis dispensaries for 45 days, in accordance with California Government Code, Section 65858; 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. Motion No. M17-162 APPROVED The foregoing items were acted upon by the following vote:

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

Absent: Kim

Supervisor Kim was noted present at 3:59 p.m. Supervisor Kim, seconded by Supervisor Farrell, 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

The foregoing items were acted upon by the following vote:

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

171068 [Urging the Recreation and Park Commission to Name the Batting Cage at Victoria Manalo Draves Park - "Tim Figueras Batting Cage"] Sponsors: Kim; Safai, Fewer, Ronen, Peskin and Yee Resolution declaring the new batting cages installed at Victoria Manalo Draves Park be named "Tim Figueras Batting Cage" after former Gene Friend Recreation Center and longtime community member, Tim Figueras. Supervisors Safai, Fewer, Ronen, Peskin and Yee requested to be added as co-sponsors. Supervisor Kim, seconded by Supervisor Farrell, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE, by changing the 'declaring' Resolution to a Resolution 'urging the Recreation and Park Commission to name the batting cages'; 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

Resolution urging the Recreation and Park Commission to name the new batting cages installed at Victoria Manalo Draves Park "Tim Figueras Batting Cage" after former Gene Friend Recreation Center and longtime community member, Tim Figueras. Resolution No. 387-17 ADOPTED AS AMENDED by the following vote:

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