Board of Supervisors Minutes: October 24, 2017

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." Ordinance No. 209-17 FINALLY PASSED City and County of San Francisco Page 784 Printed at 2:52 pm on 11/21/17 Board of Supervisors Meeting Minutes 10/24/2017 The foregoing items were acted upon by the following vote:

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

Absent: Sheehy

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. Ordinance No. 208-17 FINALLY PASSED by the following vote:

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

CD and Polk NCD; 7) deem nonconforming uses in the Polk NCD to be discontinued after 18 months of non-use; 8) modify the maximum concentration of Eating and Drinking Uses in the Polk NCD; 9) prohibit massage establishment, chair/foot massage, and kennel uses in the Polk Street NCD; 10) restrict medical services in the Polk NCD and Pacific NCD; 11) prohibit storefront mergers in the Polk NCD; 12) require a dwelling unit mix in the Pacific NCD and Polk NCD; 13) prohibit the loss of residential units through demolition, merger, or conversion and allow division if it meets a dwelling unit mix requirement in the Polk NCD and Pacific NCD; 14) require Conditional Use authorization before replacing a legacy business in the Polk NCD and Pacific NCD; 15) correct, clarify, 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. Ordinance No. 205-17 FINALLY PASSED 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. Ordinance No. 210-17 FINALLY PASSED by the following vote:

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

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 Peskin, moved that this Ordinance be RE-REFERRED to the Public Safety and Neighborhood Services Committee. The motion carried by the following vote:

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

170867 [Environment Code - Flame Retardant Chemicals in Upholstered Furniture and Juvenile Products] Sponsors: Farrell; Peskin, Sheehy, Ronen, Fewer, Yee, Safai and Tang Ordinance 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. Ordinance No. 211-17 FINALLY PASSED by the following vote:

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

170993 [Lower Polk Community Benefit District - Annual Report for FY2015-2016] Sponsor: Peskin Resolution receiving and approving an annual report for the Lower Polk Community Benefit District for FY2015-2016, submitted as required by the Property and Business Improvement District Law of 1994 (California Streets and Highways Code, Sections 36600, et seq.), Section 36650, and the District’s management agreement with the City, Section 3.4. Resolution No. 392-17 ADOPTED by the following vote:

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

171017 [Transbay Joint Powers Authority - Authorizing the Addition of the California High Speed Rail Authority as a New Member] Sponsor: Kim Resolution concurring with the recommendation of the Transbay Joint Powers Authority (“TJPA”) to add the California High Speed Rail Authority (“CHSRA”) as a New Member of the TJPA Board of Directors; authorizing the Mayor, or his/her designee, to execute an amendment to the TJPA Joint Powers Agreement and Bylaws to add the CHSRA as a new TJPA Board Member; and authorizing the Board of Supervisors to appoint one additional Director and one additional Alternate Director to serve on the Board of Directors of the TJPA. (Municipal Transportation Agency) (Supervisor Safai dissented in committee.) Supervisor Kim, seconded by Supervisor Peskin, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 2, Lines 22-24, by adding 'and, be it FURTHER RESOLVED, That the additional director and alternate director appointed by the Board of Supervisors shall have expertise in large, complex infrastructure funding, policy, and/or project delivery.' The motion carried by the following vote:

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

(Supervisor Safai dissented in committee.) Resolution No. 393-17 ADOPTED AS AMENDED by the following vote:

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

171044 [Confirming Appointment, Redevelopment Successor Agency Oversight Board - Kenneth Bukowski] Motion confirming the mayoral appointment of Kenneth Bukowski to the Redevelopment Successor Agency Oversight Board (commonly known as the Commission on Community Investment and Infrastructure), term ending January 24, 2020. (Rules Committee) (Ordinance No. 215-12, Section 6(b), provides that this member shall be appointed by the Mayor and subject to confirmation by the majority of the Board of Supervisors. There is no deadline for confirmation and the appointment is not effective until the Board takes action. Transmittal date: September 26, 2017) Motion No. M17-163 APPROVED by the following vote:

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

171052 [Confirming Appointment, Redevelopment Successor Agency Oversight Board - Lisa Motoyama] Motion confirming the mayoral appointment of Lisa Motoyama to the Redevelopment Successor Agency Oversight Board (commonly known as the Commission on Community Investment and Infrastructure), term ending January 24, 2020. (Rules Committee) (Ordinance No. 215-12, Section 6(b), provides that this member shall be appointed by the Mayor and subject to confirmation by the majority of the Board of Supervisors. There is no deadline for confirmation and the appointment is not effective until the Board takes action. Transmittal date: September 26, 2017) Motion No. M17-164 APPROVED by the following vote:

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

President Breed requested File Nos. 171086 and 171087 be called together. Supervisor Fewer Excused from Voting Supervisor Farrell, seconded by Supervisor Kim, moved that Supervisor Fewer be excused from voting on File Nos. 171086 and 171087. The motion carried by the following vote:

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

Excused: Fewer

171086 [Appointment, Golden Gate Bridge, Highway and Transportation District - Supervisor Sandra Lee Fewer] Motion appointing Supervisor Sandra Lee Fewer, term ending January 31, 2019, to the Golden Gate Bridge, Highway and Transportation District. (Clerk of the Board) Motion No. M17-165 APPROVED by the following vote:

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

Excused: Fewer

171087 [Appointment, Children and Families First Commission - Supervisor Sandra Lee Fewer] Motion appointing Supervisor Sandra Lee Fewer, for an indefinite term, to the Children and Families First Commission. (Clerk of the Board) Motion No. M17-166 APPROVED by the following vote:

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

Excused: Fewer

City and County of San Francisco Page 789 Printed at 2:52 pm on 11/21/17 Board of Supervisors Meeting Minutes 10/24/2017 Supervisor Cohen Excused from Voting Supervisor Peskin, seconded by Supervisor Yee, moved that Supervisor Cohen be excused from voting on File No. 171088. The motion carried by the following vote:

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

Excused: Cohen

171088 [Appointment, California State Association of Counties - Supervisor Malia Cohen] Motion appointing Supervisor Malia Cohen, term ending December 2, 2018, to the California State Association of Counties. (Clerk of the Board) Motion No. M17-167 APPROVED by the following vote:

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

Excused: Cohen

Supervisor Kim Excused from Voting Supervisor Ronen, seconded by Supervisor Yee, moved that Supervisor Kim be excused from voting on File No. 171089. The motion carried by the following vote:

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

Excused: Kim

171089 [Appointment, City College Financial Assistance Fund Oversight Committee - Supervisor Jane Kim] Motion appointing Supervisor Jane Kim, for an indefinite term, to the City College Financial Assistance Fund Oversight Committee. (Clerk of the Board) Motion No. M17-168 APPROVED by the following vote:

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

Excused: Kim

171048 [Affirming the Final Environmental Impact Report Certification - Pier 70 Mixed-Use District] Motion affirming the Planning Commission’s certification of the Final Environmental Impact Report prepared for the proposed Pier 70 Mixed-Use District Project. (Clerk of the Board) Motion No. M17-169 Supervisor Cohen, seconded by Supervisor Farrell, 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

171049 [Conditionally Reversing the Final Environmental Impact Report Certification - Pier 70 Mixed-Use District] Motion conditionally reversing the Planning Commission’s certification of the Final Environmental Impact Report prepared for the proposed Pier 70 Mixed-Use District Project, subject to the adoption of written findings of the Board of Supervisors in support of this determination. (Clerk of the Board) Supervisor Cohen, seconded by Supervisor Farrell, 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

171050 [Preparation of Findings to Reverse the Final Environmental Impact Report Certification - Pier 70 Mixed-Use District] Motion directing the Clerk of the Board to prepare findings related to reversing the Planning Commission’s certification of the Final Environmental Impact Report for the proposed Pier 70 Mixed-Use District Project. (Clerk of the Board) Supervisor Cohen, seconded by Supervisor Farrell, moved that this Resolution be TABLED. The motion carried by the following vote:

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

171127 [Closed Session - Existing Litigation - October 24, 2017] Closed Session for the Board of Supervisors to convene on October 24, 2017, for the purpose of conferring with, or receiving advice from, the City Attorney, under California Government Code, Section 54956.9(a), and Administrative Code, Section 67.10(d)(1), regarding the existing litigation in which the City is a defendant and appellee, American Beverage Association, California Retailers Association, and California State Outdoor Advertising Association v. City and County of San Francisco, Ninth Circuit Court of Appeals Case Nos. 16-16072 and 16-16073, filed in the United States District Court for the Northern District of California on July 24, 2015; scheduled pursuant to Motion No. M17-161, approved October 17, 2017. (Clerk of the Board) Although a motion was not required, Supervisor Yee, seconded by Supervisor Ronen, moved to convene in closed session. The motion carried by the following vote:

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

President declared public comment closed. CONVENED IN CLOSED SESSION The Board recessed at the hour of 4:19 p.m. to convene in closed session pursuant to Motion No. M17-161, approved on October 17, 2017. The following Supervisors were noted present: Supervisors Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Safai, Sheehy, Tang, Yee Persons in attendance: Jon Givner, Christine Van Aken, and Jeremy Goldman (Office of the City Attorney); and Angela Calvillo, Clerk of the Board, and Alisa Somera, Legislative Deputy Director (Office of the Clerk of the Board). Matter was heard in closed session, no action was taken, and the hearing was filed. RECONVENED IN OPEN SESSION The Board reconvened at the hour of 4:37 p.m. The following Supervisors were noted present: Supervisors Breed, Cohen, Farrell, Fewer, Kim, Peskin, Ronen, Sheehy, Tang, 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 Farrell, moved not to disclose its Closed Session deliberations. The motion carried by the following vote:

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

ce Amendment - Increasing the Public Utilities Commission Water Revenue Bond Issuance - Not to Exceed $286,730,430] Sponsor: Mayor Ordinance amending Ordinance No. 112-16, as amended by Ordinance No. 154-17, 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) in an aggregate principal amount not to exceed $286,730,430 to finance the costs of various capital water projects benefitting the Water Enterprise, including in addition to the purposes heretofore approved, certain Bioregional Habitat Restoration costs (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

171011 [Appropriation - Proceeds from Water Enterprise Revenue Bonds - Long Term Monitoring Permit Program - $12,600,000 - FY2017-2018] Sponsor: Mayor Ordinance appropriating $12,600,000 of proceeds from Water Enterprise Revenue Bonds to fund the Long-Term Monitoring Permit Program for the vegetation restoration of the Water System Improvement Program construction sites and the Bioregional Habitat Restoration projects as required by the related federal and state regulatory permits in FY2017-2018; and placing $12,600,000 of proceeds on Controller’s Reserve pending receipt of proceeds of indebtedness. (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

171012 [Appropriation and De-Appropriation - Water Enterprise Fund Balance and Operating Budget - Land Mobile Radio System - FY2017-2018 - $6,814,850] Sponsor: Mayor Ordinance appropriating $6,814,850 Water Enterprise fund balance to fund the installation of a new Water Enterprise Land Mobile Radio System 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

170981 [Software License and Support Agreement Amendment - Oracle America, Inc. - Not to Exceed $12,211,193.65] Resolution authorizing the Controller to enter into the Fifteenth Amendment of a software license and support agreement between Oracle America Inc., and the City and County of San Francisco, to extend the contract term through November 30, 2022, and increase the maximum expenditure by $4,183,659.87 for a total amount not to exceed $12,211,193.65. (Controller) (Fiscal Impact) (Supervisor Peskin dissented in Committee.) Privilege of the floor was granted unanimously to Ben Rosenfield, City Controller (Office of the City Controller), who responded to questions raised throughout the discussion. Resolution No. 391-17 ADOPTED by the following vote:

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

Noes: Kim, Peskin

170930 [General Plan - Pier 70 Mixed-Use District Project] Ordinance amending the General Plan to revise Maps 4 and 5 of the Urban Design Element to refer to the Pier 70 Mixed-Use Project Special Use District; adopting findings under the California Environmental Quality Act, and Planning Code, Section 340; and making findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. (Planning Commission) Supervisor Cohen, seconded by Supervisor Safai, moved that this Ordinance be CONTINUED ON FIRST READING to the Board of Supervisors meeting of October 31, 2017. The motion carried by the following vote:

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

onomic Impact) Supervisor Cohen, seconded by Supervisor Peskin, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, on Page 3, Line 6-10, by adding verbiage to describe the full affordable housing program established by the Disposition and Development Agreement; on Page 8, Lines 18-19, by adding ‘Hospital’ and ‘Automotive Retail’ as ‘Non-Permitted Uses’, and Lines 20-25, by setting a 1/75 million square feet cap on ‘Office’ uses; on Page 18, Lines 6-12, by requiring Developers provide informational Phase hearings to the Planning Commission and Historic Preservation Commission when requested; on Page 19, Lines 9-13, by striking the automatic completeness verbiage; on Page 20, Lines 12, through Page 21, Line 18, by clarifying ‘Off-Street Parking’ verbiage; on Page 21, Line 20, by changing the timing for District approval from ‘10’ to ‘20’ days; on Page 22, Line 10, by requiring the public hearing to be scheduled within 20 days or at the next meeting thereafter, and Line 20, by changing the mailing notice requirement from ‘10’ to ‘20’ days prior to the hearing; 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

Ordinance amending the Planning Code and the Zoning Map to add the Pier 70 Special Use District; making findings under the California Environmental Quality Act; and making findings of consistency with the General Plan, the eight priority policies of Planning Code, Section 101.1, and Planning Code, Section 302. (Economic Impact) Supervisor Cohen, seconded by Supervisor Peskin, moved that this Ordinance be RE-REFERRED AS AMENDED to the Land Use and Transportation Committee meeting of October 30, 2017. The motion carried by the following vote:

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

170987 [Public Trust Exchange Agreement - California State Lands Commission - Pier 70 Project] Sponsors: Mayor; Cohen Resolution approving the Compromise Title Settlement and Land Exchange Agreement for Pier 70 between the City and the California State Lands Commission in furtherance of the Pier 70 Mixed Use Project located at Pier 70; and adopting findings under the California Environmental Quality Act. Supervisor Cohen, seconded by Supervisor Safai, moved that this Resolution be CONTINUED to the Board of Supervisors meeting of October 31, 2017. The motion carried by the following vote:

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

171120 [Approval of a 120-Day Extension for Planning Commission Review of Planning Code, Zoning Map - Establishment of Geary-Masonic Special Use District (File No. 161109)] Sponsor: Farrell Resolution extending by 120 days the prescribed time within which the Planning Commission may render its decision on an Ordinance (File No. 161109) amending the Planning Code by adding Section 249.20; amending Sheet 4 SU03 of the Zoning Map, to establish the Geary-Masonic Special Use District in the area generally bounded by Geary Boulevard to the south, Masonic Avenue to the east, and Assessor's Parcel Block No. 1071, Lot Nos. 001 and 004, to the north and west, respectively; 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 convenience, necessity, and welfare under Planning Code, Section 302. Resolution No. 398-17 ADOPTED The foregoing items were acted upon by the following vote:

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