Board of Supervisors Minutes: June 5, 2018

180318 [Administrative Code - Landlord Operating and Maintenance Expenses] Sponsors: Fewer; Peskin, Yee, Ronen, Kim and Sheehy Ordinance amending the Administrative Code to prohibit landlords from seeking rent increases on existing tenants due to increases in debt service and property tax that have resulted from a change in ownership; and to prohibit landlords from seeking rent increases due to increased management expenses unless the expenses are reasonable and necessary. Ordinance No. 132-18 FINALLY PASSED The foregoing items were acted upon by the following vote:

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

Absent: Yee

ity; approving the form of a Second Supplemental Trust Agreement by and between the Corporation and a trustee (including certain indemnities contained therein); approving the form of an Assignment Agreement by and between the Corporation and a trustee; authorizing the sale of the refunding lease revenue bonds by competitive or negotiated sale; approving the form of an Official Notice of Sale and a Notice of Intention to Sell the refunding lease revenue bonds; directing the publication of the Notice of Intention to Sell the refunding lease revenue bonds; approving the form of a Purchase Contract and authorizing the appointment of one or more underwriters for the refunding lease revenue bonds; approving the form of an Official Statement in preliminary and final form; approving the form of a Continuing Disclosure Certificate; authorizing the payment of costs of issuance; granting general authority to City officials to take certain actions in connection with the refunding lease revenue bonds, as defined herein; approving modifications to documents; and ratifying previous actions taken in connection therewith, as defined herein. Ordinance No. 134-18 FINALLY PASSED by the following vote:

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

y and between the Corporation and the City; approving the form of a First Supplemental Trust Agreement by and between the Corporation and a trustee (including certain indemnities contained therein); approving the form of an Assignment Agreement by and between the Corporation and a trustee; authorizing the sale of the refunding lease revenue bonds by competitive or negotiated sale; approving the form of an Official Notice of Sale and a Notice of Intention to Sell the refunding lease revenue bonds; directing the publication of the Notice of Intention to Sell the refunding lease revenue bonds; approving the form of a Purchase Contract and authorizing the appointment of one or more underwriters for the refunding lease revenue bonds; approving the form of an Official Statement in preliminary and final form; approving the form of a Continuing Disclosure Certificate; authorizing the payment of costs of issuance; granting general authority to City officials to take certain actions in connection with the refunding lease revenue bonds; approving modifications to documents; and ratifying previous actions taken in connection therewith. Ordinance No. 135-18 FINALLY PASSED by the following vote:

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

Line 23, through Page 2, Line 2, by adding reference to the certification of the EIR; on Page 2, Lines 7-9, by clarifying the marina redevelopment proposal, Lines 12-16, by substance of the State feasibility study, Lines 17-18, striking reference to the redevelopment plan and adding verbiage regarding Exhibit A to the new marina plan, Lines 19-24, by including the Board's finding that the footprint is consistent with their vision of marina development; and on Page 3, Lines 4-6, striking language regarding maintenance financing and adding reference to TIDA's responsibility for addressing siltation in these areas, Lines 7-8, by striking language regarding reduction of berthing availability and adding consideration of current tenants in small and medium berths, Lines 9-10, by striking the call for an analysis and assessment of the impacts and adding a call for appropriate agencies and bodies to conduct environmental review, Line 11, by striking the RESOLVED clause that called for an analysis and assessment on eelgrass bed, and Lines 12-14, by striking language calling for the financial analysis to assess the risk at each state of the project. The motion carried by the following vote:

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

City and County of San Francisco Page 419 Printed at 1:03 pm on 7/5/18 Board of Supervisors Meeting Minutes 6/5/2018 Resolution No. 173-18 ADOPTED AS AMENDED by the following vote:

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

180450 [Power Revenue Bond Issuance and Sale - San Francisco Public Utilities Commission - Not to Exceed $154,928,059] Sponsor: Mayor Ordinance authorizing the issuance and sale of tax-exempt or taxable Power Revenue Bonds and other forms of indebtedness by the San Francisco Public Utilities Commission (Commission) in an aggregate principal amount not to exceed $154,928,059 to finance the costs of various capital projects benefitting the Power Enterprise pursuant to Charter, Sections 9.107(6) and 9.107(8), authorization to issue Refunding Power Revenue Bonds; declaring the Official Intent of the Commission to reimburse itself with one or more issues of tax-exempt bonds; and ratifying previous actions taken in connection therewith, as defined herein. (Pursuant to Charter, Section 9.107(6), this matter shall require a vote of three-fourths (9 votes) of all members of the Board of Supervisors to approve water and electric power facilities under the jurisdiction of the Public Utilities Commission ordinance for passage.) PASSED ON FIRST READING by the following vote:

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

at the Public Utilities Commission - FYs 2018-2019 and 2019-2020 - $1,217,658,494] Sponsor: Mayor Ordinance appropriating a total of $1,217,658,494 of proceeds from revenue bonds, State of California Water Resources Control Board’s revolving loan funds (State Loan Funds) or grant funds (State Grant Funds), wastewater revenue and capacity fees for the San Francisco Public Utilities Commission (SFPUC) Wastewater Enterprise’s Capital Improvement Program for FY2018-2019 at $706,606,351 and for FY2019-2020 at $511,052,143 and placing $987,414,494 in Revenue Bonds or State Loan or Grant Funds by project on Controller’s reserve subject to the Controller's certification of funds availability, including proceeds of indebtedness, and for construction related expenditures (excluding program management, planning and design) for these projects, as applicable, also subject to the prior occurrence of the SFPUC's and the Board of Supervisors' discretionary adoption of California Environmental Quality Act (CEQA) findings for projects, following review and consideration of completed project related environmental analysis, where required. (Fiscal Impact) PASSED ON FIRST READING by the following vote:

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

180451 [Water Revenue Bond and Other Forms of Indebtedness Issuance - San Francisco Public Utilities Commission - Not to Exceed $478,440,136] Sponsor: Mayor Ordinance authorizing 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 $478,440,136 to finance the costs of various capital water projects benefitting the Water Enterprise 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 bonds or other forms of indebtedness; and ratifying previous actions taken in connection therewith, as defined herein. (Pursuant to Charter, Section 8B.124, this matter shall require a vote of two-thirds (8 votes) of all members of the Board of Supervisors to approve such water revenue bonds ordinance for passage.) PASSED ON FIRST READING by the following vote:

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

180452 [Wastewater Revenue Bond Issuance and Sale - San Francisco Public Utilities Commission - Not to Exceed $987,414,494] Sponsor: Mayor Ordinance authorizing the issuance and sale of tax-exempt or taxable Wastewater 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 $987,414,494 to finance the costs of various capital wastewater projects benefitting the Wastewater Enterprise 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 Wastewater Revenue Refunding Bonds; declaring the Official Intent of the Commission to reimburse itself with one or more issues of tax-exempt bonds or other forms of indebtedness; and ratifying previous actions taken in connection therewith, as defined herein. (Pursuant to Charter, Section 8B.124, this matter shall require a vote of two-thirds (8 votes) of all members of the Board of Supervisors to approve such water revenue bonds ordinance for passage.) PASSED ON FIRST READING by the following vote:

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

s from Hetch Hetchy Revenue, Cap and Trade Revenue, Power and Water Revenue Bonds - San Francisco Public Utilities Commission Hetch Hetchy Capital Improvement Program - FYs 2018-2019 and 2019-2020 - $340,106,949] Sponsor: Mayor Ordinance appropriating a total of $340,106,949 of Hetch Hetchy revenue, Cap and Trade Revenue and Power and Water Revenue Bonds for the San Francisco Public Utilities Commission (SFPUC) Hetch Hetchy Capital Improvement Program for FY2018-2019 at $140,527,284 and for FY2019-2020 at $199,579,665; and placing $154,928,058 of Power Bonds, $102,188,742 of Water Bonds by project on Controller’s reserve subject to the Controller's certification of funds availability, including proceeds of indebtedness, and for construction related expenditures (excluding program management, planning and design) for these projects, as applicable, also subject to the prior occurrence of the SFPUC's and the Board of Supervisors' discretionary adoption of California Environmental Quality Act (CEQA) findings for projects, following review and consideration of completed project related environmental analysis, where required. (Fiscal Impact) PASSED ON FIRST READING by the following vote:

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

ce appropriating a total of $483,137,393 of proceeds from Revenue Bonds, State of California Water Resources Control Board’s revolving loan funds (State Loan Funds) or grant funds (State Grant Funds), water revenues and water capacity fees for the San Francisco Public Utilities Commission (SFPUC) Water Enterprise’s Capital Improvement Program for FY2018-2019 at $276,222,393 and for FY2019-2020 at $206,915,000; and re-appropriating Water Capital Project appropriations of $15,958,031 in FY2018-2019 and placing $376,251,393 of Revenue Bond and State Loan Funds or State Grant Funds proceeds by project on Controller’s reserve subject to the Controller's certification of funds availability, including proceeds of indebtedness, and for construction related expenditures (excluding program management, planning and design) for these projects, as applicable, also subject to the prior occurrence of the SFPUC's and the Board of Supervisors' discretionary adoption of California Environmental Quality Act (CEQA) findings for projects, following review and consideration of completed project related environmental analysis, where required. (Fiscal Impact) PASSED ON FIRST READING by the following vote:

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

180457 [Accept and Expend Grant - Friends of San Francisco Public Library - Annual Grant Award, FY2018-2019 - Up to $813,350 of In-Kind Gifts, Services, and Cash Monies] Sponsor: Mayor Resolution authorizing the San Francisco Public Library to accept and expend a grant in the amount of up to $813,350 of in-kind gifts, services, and cash monies from the Friends of the San Francisco Public Library for direct support for a variety of public programs and services in FY2018-2019. Resolution No. 176-18 ADOPTED by the following vote:

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

180458 [Parking and Transit Violation Citation Overpayments - Transfer to the General Fund - Up to $4,000,000] Sponsor: Mayor Resolution approving a transfer up to $4,000,000 to the General Fund for overpayments and duplicate payments received by the City for parking and transit violations issued between January 1, 1994, and June 30, 2016. Resolution No. 177-18 ADOPTED by the following vote:

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

180459 [Commercial Paper Notes - Municipal Transportation Agency - Not to Exceed $100,000,000] Sponsor: Mayor Resolution authorizing substitution of a letter of credit offered by Sumitomo Mitsui Banking Corporation, acting through its New York Branch, in an amount not to exceed $100,000,000 to support the Municipal Transportation Agency’s commercial paper program, which is used to provide interim financing for capital improvements; approving the forms of certain financing documents, including a reimbursement agreement, a fee agreement, an amended and restated issuing and paying agent agreement, a commercial paper memorandum, amended and restated dealer agreements; making California Environmental Quality Act (CEQA) findings; and authorizing appropriate actions in connection therewith. (Fiscal Impact) Resolution No. 178-18 ADOPTED by the following vote:

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

180377 [Real Property Lease - Raul and Denise Arriaza and The Olson Family Trust Dated October 16, 2014 - 1305, 1309 Evans Street - $456,840 Annual Base Rent] Resolution authorizing the lease of approximately 12,690 square feet at 1305, 1309 Evans Street with 13 parking stalls, with Raul and Denise Arriaza, as to an undivided 50% interest and The Olson Family Trust dated October 16, 2014, as to an undivided 50% interest, for a five year term commencing upon approval by the Board of Supervisors and Mayor, with one option to extend for five years, at the monthly base rent of $38,070 for a total annual base rent of $456,840. (Public Health Department) (Fiscal Impact) Resolution No. 174-18 ADOPTED by the following vote:

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

180117 [Planning Code - Increasing the Transportation Sustainability Fee for Large Non-Residential Projects] Sponsors: Peskin; Ronen Ordinance amending the Planning Code to increase the Transportation Sustainability Fee by $5 (to $24.04) for Non-Residential Projects larger than 99,999 gross square feet, except in the Central South of Market Area Plan area, where the fee for such projects would be increased by $2 (to $21.04); affirming the Planning Department’s determination under the California Environmental Quality Act; and making findings of public necessity, convenience and welfare, and findings of consistency with the General Plan, and the eight priority policies of Planning Code, Section 101.1. Supervisor Ronen requested to be added as a co-sponsor. Privilege of the floor was granted unanimously to Jon Givner (Office of the City Attorney) who responded to questions raised throughout the discussion. Supervisor Peskin, seconded by Supervisor Ronen, moved that this Ordinance be AMENDED to exempt development projects that have Development Agreements that were approved by the Board of Supervisors by January 30, 2018. The motion carried by the following vote:

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

PASSED ON FIRST READING AS AMENDED by the following vote:

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

Supervisor Peskin, seconded by Supervisor Fewer, moved to rescind the previous votes. The motion carried by the following vote:

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

Absent: Cohen

Supervisor Peskin, seconded by Supervisor Yee, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE, to exempt development projects that have Development Agreements that were approved by the Board of Supervisors by June 5, 2018. The motion carried by the following vote:

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

Absent: Cohen

PASSED ON FIRST READING AS AMENDED by the following vote:

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

Absent: Cohen

180394 [Urging the Recreation and Park Commission to Remove the Name of Julius Kahn from the Playground at West Pacific Avenue and Spruce Street] Sponsors: Yee; Fewer, Peskin, Kim, Ronen and Stefani Resolution urging the Recreation and Park Commission to remove the name of Julius Kahn from the playground located at West Pacific Avenue and Spruce Street; and to rename the playground to recognize the value of immigrants and multicultural diversity to the City of San Francisco. Supervisor Stefani requested to be added as a co-sponsor. Resolution No. 175-18 ADOPTED by the following vote:

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

180538 [Appointments, Police Commission - Cindy Elias and John Hamasaki] Motion confirming the appointments of Cindy Elias, term ending April 30, 2019, and John Hamasaki, term ending April 30, 2022, to the Police Commission. (Rules Committee) 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 requested that this Motion be DUPLICATED. Supervisor Sheehy, seconded by Supervisor Breed, moved that the original Motion be AMENDED to only reference John Hamasaki's appointment, and that the duplicated Motion be AMENDED to only reference Cindy Elias' appointment. The motion failed by the following vote:

Ayes: Breed, Sheehy

Noes: Cohen, Fewer, Kim, Peskin, Ronen, Safai, Stefani, Tang, Yee

Supervisor Sheehy withdrew his request that this Motion be DUPLICATED. Motion No. M18-079 APPROVED by the following vote:

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

180522 [Authorizing Operation of the Mission Street Navigation Center through September 30, 2018, and the Civic Center Navigation Center through December 31, 2021] Sponsors: Mayor; Kim Resolution authorizing the continued operation of the Navigation Center located at 1950 Mission Street through September 30, 2018, and the continued operation of the Navigation Center located at 20-12th Street through December 31, 2021. Resolution No. 179-18 ADOPTED by the following vote:

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

Absent: Cohen

180568 [Adoption of Findings Related to Conditional Use Authorization - Proposed Project at 701 Valencia] Motion adopting findings in support of the Board of Supervisors’ disapproval of the decision of the Planning Commission, by its Motion No. 20139, approving a Conditional Use Authorization identified as Planning Case No. 2017-004489CUA for a proposed project located at 701 Valencia Street; and the Board’s approval of a Conditional Use Authorization for the same Planning Case and property with different conditions. (Clerk of the Board) Motion No. M18-082 APPROVED The foregoing items were acted upon by the following vote:

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

180551 [Supporting California State Senate Bill No. 1186 (Hill) - Stop Secret Surveillance Act] Sponsors: Peskin; Cohen Resolution declaring support for California State Senate Bill No. 1186 (SB 1186), the Stop Secret Surveillance Act, authored by Senator Jerry Hill, requiring law enforcement agencies to hold public hearings and generate Surveillance Use Policies governing the information collected by surveillance technology. Supervisor Stefani, seconded by Supervisor Peskin, moved that this Resolution be CONTINUED to the Board of Supervisors meeting of June 12, 2018. The motion carried by the following vote:

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

180554 [Calling from Committee - Administrative Code - Citywide Project Labor Agreement for Public Work or Improvement Projects (File No. 170205) - Committee of the Whole - June 12, 2018, 3:00 p.m.] Sponsors: Safai; Sheehy, Cohen, Ronen, Breed, Kim and Peskin Motion calling from the Government Audit and Oversight Committee, pursuant to Board Rule 3.37, the proposed Ordinance (File No. 170205) amending the Administrative Code to require a citywide project labor agreement applicable to certain public work or improvement projects with projected costs over $1,000,000 or where delay in completing the project may interrupt or delay services or use of facilities that are important to the City's essential operations or infrastructure; and scheduling the Board of Supervisors to sit as a Committee of the Whole on June 12, 2018, at 3:00 p.m., to hold a public hearing to consider the proposed Ordinance. Supervisor Safai, seconded by Supervisor Peskin, moved that this Motion be TABLED. The motion carried by the following vote:

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