o0242-19

AMENDED IN COMMITTEE FILE NO. 181215 9/30/19 ORDINANCE NO. 242-19 [Administrative, Planning Codes- South of Market Advisory Committees] Ordinance amending the Administrative and Planning Codes to establish the South of Market Community Planning Advisory Committee to advise City officials and agencies on implementation of the Central SoMa Plan, Western SoMa Area Plan, and East SoMa Area Plan;---aml- to revise the membership and duties of the SOMA Community Stabilization Fund Community Advisory Committee and the Eastern Neighborhoods Citizens Advisory Committee;-atl-G affirming the Planning Department's determination under the California Environmental Quality Act,~ making findings of consistency with the Genera! P!an,~, and the eight priority policies of Planning Code, Section 101.1 1~ and making findings of public necessity, convenience, and welfare under Planning Code, Section 302. NOTE: Unchanged Code text and uncodified text are in plain Aria! font. Additions to Codes are in single-underline italics Times New Roman font. Deletions to Codes are in strikethrough italics Times New Roman font. Board amendment additions are in double-underlined Aria! font. Board amendment deletions are in strikethrough /\rial font. Asterisks(* * * *) indicate the omission of unchanged Code subsections or parts of tables. Be it ordained by the People of the City and County of San Francisco: Section 1. Environmental and Land Use Findings. (a) The Planning Department has determined that the actions contemplated in this ordinance comply with the California Environmental Quality Act (California Public Resources Code Sections 21000 et seq.). Said determination is on file with the Clerk of the Board of Supervisors in File No. 181215 and is incorporated herein by reference. The Board affirms this determination. Supervisor Haney BOARD OF SUPERVISORS Page 1 (b) On September 19,2019, the Planning Commission, in Resolution No. 20521, adopted findings that the actions contemplated in this ordinance are consistent, on balance, with the City's General Plan and eight priority policies of Planning Code Section 1 01.1. The Board adopts these findings as its own. A copy of said Resolution is on file with the Clerk of the Board of Supervisors in File No. 181215, and is incorporated herein by reference. (c) Pursuant to Planning Code Section 302, the Board of Supervisors finds that these Planning Code amendments will serve the public necessity, convenience, and welfare for the reasons set forth in Planning Commission Resolution No. 20521, and the Board incorporates such reasons herein by reference. A copy of said Resolution is on file with the Clerk of the Board of Supervisors in File No. 181215, and is incorporated herein by reference. Section 2. Chapter 5 of the Administrative Code is hereby amended by adding Article XXVI, consisting of Sections 5.26-1, 5.26-2, 5.26-3, 5.26-4, 5.26-5, and 5.26-6, to read as follows: ARTICLE XXVI: SOUTH OF MARKET COMMUNITY PLANNING ADVISORY COMMITTEE SEC. 5.26-1. CREATION OF COMMITTEE. The Board o[Supervisors hereby establishes the South of Market Community Planning Advisory Committee ("Committee"). SEC. 5.26-2. MEMBERSHIP AND QUALIFICATIONS. · (a) The Committee shall consist o[JJ voting members. Together, the members oft he Committee I shall represent the cultural diversity o[the East SoMa, Central SoMa, and Western SoMa I II neighborhoods, and ideally we-t:HGwill include renters o[residences in the neighborhoods, resident homeowners in the neighborhoods, low-income residents, local merchants, and representatives of Supervisor Haney BOARD OF SUPERVISORS Page 2 established neighborhood groups within the East SoMa, Central SoMa, and Western SoMa Plan Areas. All members shall live, work, or own a business within the boundaries o[the East SoMa, Central SoMa, or Western SoMa Area Plans. When fully constituted, at least three members shall live within the boundaries o(the East SoMa, Central SoMa, or Western SoMa Area Plans. (Q) Seats I. 2, 3, 4, 5, 6, and 7 shall be held by individuals nominated by the District 6 Supervisor and appointed by the Board ofSupervisors. (I) Seat I shall be held by an individual who has small business expertise. (2) Seat 2 shall be held by an individual with familiarity and experience in infrastructure and/or safety, as relating to pedestrians, bicyclists, or transit. (3) Seat 3 shall be held by an individual who has familiarity and experience in historic preservation and/or cultural preservation. (4) Seat 4 shall be held by an individual who has fGmiliarity and experience in development and/or management ofatfprdable housing (5) Seat 5 shall be held by an individual who provides direct social services to SoMa residents. (6) Seats 6 and 7 shall have no additional required qualifications. (c) Seats 8, 9, I 0, and II shall be held by individuals appointed by the Mayor. (I) Seat 8 shall be held by an individual with a record of advocacy (or parks, recreation, and open space in San Francisco. {2) Seat 9 shall be held by an individual who has expertise in employment development or represents labor interests. (3) Seats I 0 and II shall have no additional required qualifications. (d) There shall be II alternate members of the Committee, one designated (or each o[the II seats. Alternate members shall be appointed (or their respective seats in the same manner prescribed in subsections {Q) and (c). The alternate members ofthe Committee would ideally will meet the Supervisor Haney BOARD OF SUPERVISORS Page 3 requirements set forth in subsections (b) and {c) [or their respective seats, but in any event must meet the standards set for voting members in subsection (a). An alternate member shall temporarily serve on the Committee as a voting member when there is a vacancy in the seat, or when the seat is filled but the member holding the seat is absent fi'om the meeting; the same fl.elasi§, true [or an alternate member temporarily serving on a subcommittee or working group. (e) Each member and each alternate member of the Committee shall serve at the pleasure of their respective appointing authority and may be removed by their appointing authority at any time. SEC. 5.26-3. ORGANIZATION AND TERMS OF OFFICE. (a) Members ofthe Committee shall serve three-year terms,· provided, however, that the term of the initial appointees, including alternates, in Seats 1. 2, 7, and 8 shall expire at noon on August 1, 2021 ,· the term oft he initial appointees in Seats 3, 4, 9, and 10, including alternates, shall expire at noon on August 1. 2022,· and the term ofthe initial appointees in Seats 5, 6, and 11, including alternates, shall expire at noon on August 1, 2023. There shall be no limits on the number o[terms a member may serve on the Committee, as either a voting member or an alternate. {k) Service on the Committee shall be voluntary and members shall receive no compensation from the City. (c) Any voting member who misses three regular meetings ofthe Committee within a six-month period without the express approval o[the Committee by majority vote at or before each missed meeting shall be deemed to have resigned fi'om the Committee 10 days after the third unapproved absence. The Committee shall inform the Clerk ofthe Board o[Supervisors in the case of a Board appointee, and the Mayor's Otfice., in the case o[a Mmayoral appointee, o[any such resignation. Any absence of a voting member ofthe Committee shall be deemed approved by the Committee, and shall not count as an unapproved absence, ifthe alternate member o[the Committee designated [or the seat attends a meeting in vlace ofthe absent voting member. Supervisor Haney BOARD OF SUPERVISORS Page4 ' (d) The Planning Department, in consultation as appropriate with other members ofthe Interagency Planning and Implementation Committee described in Chapter 36 o(the Administrative Code as appropriate, shall provide expertise to the Committee as appropriate. The Planning Department shall provide administrative and clerical support fOr the Committee. SEC. 5.26-4. DUTIES. (a) The general purpose ofthe Committee shall be to provide input to the Board o(Superviso rs, the Mayor, and City agencies regarding the implementation ofthe Central SoMa Plan, Western SoM a Area Plan, and East SoMa Area Plan. The City agencies to which the Committee may provide input include, but are not limited to, the Planning Department, the lvfavor 's Office of Housing and Community Development, the Office o(Economic and Workforce Development, the Municipal Transportation Agency, the Recreation and Park Department, the Department o(Public Works, the Arts Commission, and the Interagency Planning and Implementation Committee. The Committee's P,P.rioritization o(revenue expenditures described in subsection (b) below that are collected from development projects in the Central SoMa Plan Area shall be consistent with the Central SoMa Implementation Program document. (k) The Committee may provide advice regarding the following: {1) Prioritization o(community improvement projects and other public investments funded by the Central SoMa Infrastructure Impact Fund, established in Planning Code Section 433.4 including review of any proposed In-Kind Agreements; (2) Prioritization of community improvement projects and other public investments related to transit, parks and recreation, complete streets, and environmental sustainability that are funded by proceeds o[the Central SoMa Community Facilities District special tax, as described in Planning Code Section 434; (3) Prioritization o(community improvement projects and other public investments funded with Eastern Neighborhoods Impact Fee revenues collected {rom development projects withi n Supervisor Haney BOARD OF SUPERVISORS Page 5 ! East SoMa, Central SoMa, and Western SoMa pursuant to Planning Code Section 423, including review o(any proposed In-Kind Agreements,· (4) Proposed revisions or updates to the Central SoMa Implementation Program Document; (5) Proposed revisions to the sections o(the Planning Code or other Codes that a re related to implementation o(the Central SoMa Plan, Western SoMa Area Plan, and East SoMa A rea Plan; and (6) Monitoring implementation ofthe Central SoMa Plan, Western SoMa Area Pl an, and East SoMa Area Plan. (c) The Committee also may provide advice on the fOllowing issues regarding developme nt projects and proposals within the boundaries oft he East SoMa Area Plan. Central SoMa Plan, or Western SoMa Area Plans, or within 0.25 miles o[the boundaries o(said area plans but outside the boundaries o[the Showplace Square/Potrero Hill, Mission, Central Waterfront, and Market and Octavia Area Plans: (1) Individual development proposals; (2) Compliance by individual development projects with specific conditions o(pr oject approvals; (3) Design and programming o(open spaces, including Privately-Owned Public Open Spaces (POPOS); and (4) Development proposals for public properties. (d) City agencies may seek input from the Committee on policy matters regarding land u se and a Plan, zoning changes, capital improvement plans, and other activities that implement the Central SoM Western SoMa Area Plan, and East SoMa Area Plan. (e) The Committee shall collaborate with the Planning Department and relevant city age ncies in monitoring implementation o(the Central SoMa Plan, Western SoMa Area Plan, and East So Ma Supervisor Haney BOARD OF SUPERVISORS Page 6 Area Plan at approximately every fi.fth year, in coordination with the duties required by this Section 5. 26-4 and Administrative Code Section 1 O.E; and provide input to Plan Area monitoring efforts for required time-series reporting. (f) The Committee shall coordinate with the SoMa Community Stabilization Fund Communi ty Advisory Committee established in Administrative Code Chapter 5. Article XXVII. whenprovid ing advice on matters within the programmatic jurisdiction of both committees. SEC. 5.26-5. MEETINGS AND PROCEDURES. (a) The Board o[Supervisors and Mayor shall make initial appointments to the Committee b y no later than three months after the effective date of the ordinance in Board File No. 181215 establishing the Committee. The Committee shall hold its inaugural meeting not more than 30 days after voting members have been appointed to six seats. There shall be at least 10 days' notice o{the inaugural meeting. Following the inaugural meeting, the Committee shall hold a regular meeting n ot less than once every three months until the sunset date set fOrth in Section 5.26-6. (b) The Committee shall elect its officers and may establish bylaws and rules fOr its organization and procedures. The Committee may establish subcommittees or working groups. Ea ch such subcommittee or working group shall include at least two voting Committee members, but may also include other individuals selected by the Committee who are not voting members o[the Commit tee. SEC. 5.26-6. SUNSET. Unless the Board o[Supervisors by ordinance extends the term ofthe Committee, this Article XXVI, and hence the Committee, shall expire by operation o[law, and the Committee shall terminat e. on January 1, 2035. After that date, the City Attorney shall cause this Article XVI to be removed fto m the Administrative Code. Notwithstanding Rule 2. 21 oft he Board o[Supervisors Rules of Order, wh ich provides that advisory bodies created by the Board should sunset within three years, the Board inte nds the Committee to exist for longer than three years. Supervisor Haney BOARD OF SUPERVISORS Page 7 I Section 3. Chapter 5 of the Administrative Code is hereby amended by adding Article I FXVII, consisting of Sections 5.27-1, 5.27-2, 5.27-3, 5.27-4, and 5.27-5, to read as follows: I ARTICLE XXVII: I SOMA COMMUNITY STABILIZATION FUND COMMUNITY ADVISORY COMMITTEE i SEC. 5.27-1. DUTIES. I I (a) The SOMA Community Stabilization Fund Community Advisory Committee ("Committee") I initially codified at Section 418. 7 (d) o[the Planning Code but now codified in this Article XXVII oft he Administrative Code, shall advise the Mayor's Office of Housing and Community Development ("MOHCD"), other City agencies, and the Board of Supervisors regarding the following: (1) Administration o[the SOMA Community Stabilization Fund described in Section 418. 7 o(the Planning Code,· (2) Prioritization o[funding {Or social services related to cultural preservation that are funded by proceeds o[the Central SoMa Community Facilities District special tax, as defined in Planning Code Section 434 and the Central SoMa Implementation Program,· (3) Prioritization of community improvement projects and other public investments funded by the Central SoMa Community Services Facilities Fund, established in Planning Code Sectio n 432.4; and (4) Expenditure o[a(fordable housing (ees collected pursuant to Planning Code Sectio n 415, and Jobs-Housing Linkage Fees collected pursuant to Planning Code Section 413, generated fro m development projects within the boundaries ofthe East SoMa, Central SoMa, or Western SoMa Area Plans, or within 0.25 miles ofthe boundaries o[said area plans but outside the boundaries ofthe Showplace Square/Potrero Hill, Mission, Central Waterfront, and Market and Octavia Area Plans. (b) The Committee shall collaborate with the Planning Department and relevant city agencies in monitoring implementation o(the Central SoMa Plan, Western SoMa Area Plan, and East SoMa Area Plan at approximately every fifth year, in coordination with the duties required by this Section Supervisor Haney BOARD OF SUPERVISORS Page 8 I I I I 5.27-1 and Administrative Code Section Chapter I O.E,- and provide input to Plan Area monitoring I efforts for required time-series reporting. (c) The Committee shall develop annual recommendations to MOHCD on the Expenditure Plan referenced in Section 418.5 (d) o(thi&e Planning Code. SEC. 5.27-2. MEMBERSHIP. (a) The Committee shall be composed o[seven voting members appointed by the Board o( Supervisors. The Board o(Supervisors shall appoint one alternate member o[the Committee for ea ch o(the seats o[the seven voting members. An alternate member shall temporarily serve on the Committee as a voting member when there is a vacancy in the seat or 1vhen the seat is filled but the individual holding the seat is absent trom the meeting; the same holds true fOr an alternate memb er temporarily serving on a subcommittee or working group. (b) No {ewer than :feuft:wo voting members and fotl-Ftwo alternate members shall live withi n the boundaries ofthe East SoMa, Central SoMa, or Western SoMa Area Plans. Taken as a whole, the Committee shall meet the membership requirements set forth below. Taken as a whole, the alternat e members o(the Committee would ideally meet these requirements. A single voting member or. for alternates, a single alternate member"" may fulfill more than one o(these requirements. Each votin g member and each alternate member shall satisfy at least one ofthese requirements. (I) One member representing low-income residents o(SOMA. (2) One member who has expertise in employment development and/or represents labor. (3) One member who is a senior or disabled resident o[SOMA. (4) One member with affordable housing expertise and familiarity with the SOMA neighborhood. (52 One member who represents an arts or cultural organization or a cultur al district in SOMA. Supervisor Haney BOARD OF SUPERVISORS Page9 (6) One member who provides direct services to SOMA residents. (7) One member who has small business expertise and a familiarity with the SOMA neighborhood. (8) One member who is a youth or who represents a youth-development organization. (c) Each me mber and each alternate member of the Committee shall serve at the pleasure of their ap pointing authority and may be removed by their appointing authority at any time. SEC. 5.27-3. ORGANIZATION AND TERllfS OF OFFICE. (a) The votin g members o[the Committee shall be appointed for a term offour years. Voting members may serve n o more than two consecutive terms. Service for two or more years of a term shall be deemed a f ull four-year term. (jz) Annually, the Committee shall select a chair and such other officer or officers as it deems necessaryappropria te,_ (c) The Com mittee sh-allmay promulgate such rules or regulations as are necessary or appropriate for the c onduct o[its business. (d) In the eve nt a vacancy occurs, a successor shall be appointed by the Board ofSupervisors to fill the vacancy con sistent with the requirements ofSection 5.27-2. When a vacancy occurs for any reason other than the expiration ofa term of office, the appointee to fill such vacancy shall hold office for the unexpired ter m ofthe appointee's predecessor. Any voting member who misses [our meetings within a twelve-mont h period, without the approval o[the Committee by majority vote, shall be deemed the Committee. The Committee shall infOrm the Clerk ofthe Board of to have resigned from Supervisors of any su ch resignation. Any absence of a voting member ofthe Committee shall be deemed approved by the Com mittee, and shall not count as an unapproved absence, ifthe alternate member of the Committee design ated {Or the seat attends a meeting in place oft he absent voting member. Supervisor Haney BOARD OF SUPERVISORS Page 10 SEC. 5.27-4. IMPLEMENTATION AND PROCEDURES. (a) The Committee shall be subject to the Conflict of Interest provisions of the City's Charter and 1\dministrative Code. {gl;}) MOHCD shall provide administrative and clerical support to the Committee. .(Qe) The Committee shall coordinate with the South of Market Community Planning Advisory Committee established in Administrative Code Chapter 5. Article XXVI. when providing advice on matters within the programmatic jurisdiction o[both committees. SEC. 5.27-5. SUNSET. Unless the Board o{Supervisors by ordinance extends the term of the Committee, this Article XXVII shall expire by operation oflaw, and the Committee shall terminate, on January I, 2035. After that date, the City Attorney shall cause this Article XXVII to be removed from the Administrative Code. Notwithstanding Rule 2. 21 oft he Board o[Supervisors Rules of Order, which provides that advisory bodies created by the Board should sunset within three years, the Board intends the Committee to exist for longer than three years. Section 4. Chapter 1 OE of the Administrative Code is hereby amended by relocating existing Section 1 OE.2(d) to Chapter 5 of the Administrative Code, renumbering it as new Article XXXII, consisting of Sections 5.32-1, 5.32-2, 5.32-3, and 5.32-4, and revising it as indicated below by additions, deletions, Board amendment additions, and Board amendment deletions conforming to the "Note" that appears under the official title of thethis ordinance. The relocation and consequent renumbering of existing Section 10E.2(d) isare made for codification purposes only, and isare not in ttse#themselves intended to change the meaning of the text. The new Article XXXII of Chapter 5 shall read as follows: ARTICLE XXXII: Supervisor Haney BOARD OF SUPERVISORS Page 11 EASTERNNEIGHBORHOODSCOMMUNITYADnSORYCOMMITTEE (d) EASTERN NE!*YHBORHOODS CTTIZENSADVISORY C01l1Af!TTEE. SEC. 5.32-1. ESTABLISHMENT AND PURPOSE. (1) Establishment and Purpose. (g)_ An Eastern Neighborhoods CommunityCitizens Advisory Committee CCommittee ":Ab) is hereby established. Within 6six months of adoption of the Eastern Neighborhoods Area Plan and related Planning Code changes, the Mayor and the Board of Supervisors shall have appointed all members to the Committee:Ab. {Q)_ The Committee:Ab shall be the central community advisory body charged with providing input to City agencies and decision makers with regard to all activities related to implementation of three of the Eastern Neighborhoods Area Plans: Showplace Square/Potrero Hill. Mission, and Central Waterfront. The Committee:Ab is established for the purposes of providing input on the prioritization of Public Benefits funded with revenues collected from development projects within the Showplace Square/Potrero Hill. Mission, and Central Waterfront Area Plans, updating the Public Benefits program, relaying information to community members in each of these ~ neighborhoods regarding the status of development proposals in these three Eastern Neighborhoods Plan Areas, and providing input to Plan Area monitoring efforts as appropriate. The Committee:Ab shall be advisory, as appropriate, to the Planning Department, the Interagency Planning &and Implementation Committee (I PIC) described in Chapter 36 o(the Administrative Code, the Planning Commission,_ and the Board of Supervisors. & The Committee:Ab may perform the following functions as needed: --(LA) Provide written recommendations toCollaborate with the Planning Department and the Interagency Planning and Implementation Committee on prioritizing the community improvement projects and identifying implementation details as part of the annual expenditure program that is adopted by the Board of Supervisors, and request written responses to said recommendations from the Interagency Planning and Implementation Committee; Supervisor Haney BOARD OF SUPERVISORS Page 12 ---(J,B) Provide an advisory role in a report backprocessfrom the Planning Department on enforcement o.findividualprojects' compliw~ce with the Area Plans standards and on specific conditions ofproject approvals so that those agreements will be more effectively impkmented; (C) Collaborate with the Planning Department and relevant city agencies in the monitoring of the Showplace Square/Potrero Hill, Mission, and Central Waterfront Area Plans' implementation program at approximately every fifth year, in coordination with the Monitoring Program required by the-Administrative Code SectionChapter 10.E; and provide input to Plan Area monitoring efforts for required time-series reporting,.; and (3) Provide written recommendations to the Planning Commission regarding the 1 0 approval ofln-Kind Agreements, monitor compliance with the requirements o(In-Kind Agreements, report non-compliance to appropriate City agencies, and request appropriate enfOrcement of compliance by appropriate City agencies. SEC. 5.32-2. REPRESENTATION AND APPOINTMENTS. (2) Representation tmdAppointments. ---(qA) The Committee:AG shall consist gf_119 members representing the diversity of the Eastern Neighborhoods; key stakeholders, including resident renters, resident homeowners, low-income residents, local merchants, established neighborhood groups within the Showplace Square/Potrero Hill, Mission, and Central Waterfront Plan Area~; and other groups identified through refinement of the Committee:AG process. ---(Q_B) All members shall live, work, own property or own a business in the Eastern Neighborhoods Plan Area they are appointed to represent. --(£G) The Board of Supervisors shall appoint a total of sevenekwn members to the Committee:AG, fi'om nominations submitted as {allows. Based on the Supervisorial District boundaries, the District 6-and-1 0 Supervisors shall nominate 4-four Committee:AG members, the District 9 Supervisor shall nominate two Committee:AG members, and the District Supervisor Haney BOARD OF SUPERVISORS Page 13 8 Supervisor shall nominate one CommitteeAG member. The appointnwnt ofeach ofthe Board's GAG nominees shall be confirmed by the full Board ofSupervisors. The seats fOrmerly appointednominated by the District 6 Supervisor shall terminate on the effective date o(the ordinance in Board File No. 181215. The terms for all other seats on the Committee appointe d by the Board o(Supervisors shall continue following the effective date o{the ordinance in Board Fil eNo. 181215. (d.f>) The Mayor shall appoint a total offoure+ght members, with one voting member representing each of the Showplace Square/Potrero Hill. Mission, and Ce ntral Waterfront:fWe neighborhoods, and onefhF.ee t)otillt; at-large member& from any of the S howolace Square/Potrero Hill. Mission, and Central Waterfront neighborhoods. The seats fOrmer! y appointed by the Mayor representing the Western SoMa and East SoMa neighborhoods, and the seats for which the Mayor last appointed an at-large member on February 12. 2018 and 0 ctober 16, 2017, shall terminate on the effective date oft he ordinance in Board File No. 181215. +l=le seats for 'NRicl=l tl=le Mayor last appointed an at large member on February 12, 2018 and Octob er 16, 2017 sl=lall terminate on tl=le effective date oftl=le ordinance in Board File No. 181215. The terms for all other seats on the Committee appointed by the Mayor shall continue following the e{fe ctive date o[that ordinance. (g_E) Members shall serve for two-year terms, but those terms sh all be staggered such that, ofthe initial membership, some members will be randomly selected to se rvefour year terms and some will serve nvo year terms. (j_F) ~til at At the first official meeting ofthe GAG, ,~·hich shall not occur u1 least 13 voting members ofthe GAG have been appointed by the respective appointmentproc ess, a ndnvo l{)ttery shall be conducted in order to random!)' select four Board ofSupervisors appointees a Mayoral appointees to serv•efour year terms. At a subsequent meeting, v,;hen the final nvo vat ing Su ervisor Haney p BOARD OF SUPERVISORS Page 14 I )members o.f'the GAG have been appointed by the respective appointment process, a lottery shall be I conducted in order to randoml-y sel-ect which member shall serve afour year term. I I (G) The Board of Supervisors and Mayor may renew a member's term I /by repeating the respective appointment process. I I (g) Each member of the Committee shall serve at the pleasure of their respective I appointing authority and may be removed by their appointing authority at any time. I SEC 5.32-3. IMPLEMENTATION AND PROCEDURES. I (3) Committees 81' w~rldng Groups o.fthe C4C. I &According to procedures set forth in bylavJs adopted by the CommitteeAG, the I CommitteeAG may, at its discretion create subcommittees or working groups based around ! geographic areas or functional issues. Each of these subcommittees or working groups shall contain at least one CommitteeAG member who is eligibl-e to vote, but may also be comprised of individuals who are not members of the CommitteeAG. !fa rwn ·voting member ofthe GAG serves on a subcommittee or ';Vorkilqg group that individual may act as a voti1qg member ofthe subcommittee or ·working group. (!24) Stajjingfor Eastern Neighborhoods Citizens Advisory Committee. The Planning Department or Interagency Planning and Implementation Committee shall designate necessary staffing from relevant agencies to the CommitteeAG, as needed to complete itsthe- responsibilities and functions ofthe GAG described in this code. To the extent permitted by law, staffing and administrative costs for the CommitteeAG shall be funded through the Eastern Neighborhoods Public Benefits Fund. Staff shall participate in the Interagency Planning and Implementation Committee as set forth in Administrative Code Section 36,1. SEC. 5.32-4. SUNSET. (5) Termination. The Eastern _,_Veighborhoods GACThis Article XXXII, and hence the Committee, shall-will: automatically terminate on JanuarvDecember ~1, 2021_(}, unless the Board Supervisor Haney BOARD OF SUPERVISORS Page 15 of Supervisors extends this Article XXXI!the GAG's term by GQrdinance. After that date, the City Attorney shall cause this Article to be removed from the Administrative Code. Notwithstanding Rule 2.21 o[the Board o(Supervisors Rules o(Order, which provides that advisory bodies created by the Board should sunset within three years, the Board intends the Committee to exist for longer than three years. Section 5. Chapter 1 OE of t+he Administrative Code is hereby amended by revising Chapter 1 OESection 1 OE.2, to read as foiiows: CHAPTER 1 OE: PLANNING MONITORING * * * * SEC. 1 OE.2. EASTERN NEIGHBORHOODS AREA PLANS MONITORING PROGRAM. * * * * (b) REPORTING REQUIREMENTS. (1) Report. By July 1st two years after Plan adoption, and on July 1st every five years thereafter, the Planning Department shall prepare a report detailing development activity, housing construction, and infrastructure improvements in the Eastern Neighborhoods Plan Area. The information shall be presented to the Board of Supervisors, Planning Commission, the South o(Market Community Planning Advisory Committee, the Eastern Neighborhoods CommunityCitizens Advisory Committee, and the Mayor, and shall also include recommendations for measures deemed appropriate to deal with the impacts of neighborhood growth. * * * * Supervisor Haney BOARD OF SUPERVISORS Page 16 (c) EASTERN NEIGHBORHOODS CAPITAL EXPENDITURE EVALUATION. * * * * (2) Controls. (A) Reporting Requirements. By July 1s+ five years after Plan adoption, and every five years thereafter, the Planning Department shall submit to the Board of Supervisors and the Office of the Controller an Eastern Neighborhoods Capital Expenditure Evaluation Report. The Eastern Neighborhoods Capital Expenditure Evaluation Report shall specifically report the amount of funds collected to date from the Eastern Neighborhoods Impact FeeL Central SoMa Infrastructure Impact Fee, Central Sulvfa Communitv Services Facilities Fee; and Central SoMa Community Facilities District special tax. The Capital Expenditure Evaluation Report shall also describe how these funds have been allocated or spent for the purpose of developing capital projects as identified in the Eastern Neighborhoods Priority Capital Project list. The Capital Expenditure Evaluation shall specifically report on allocations of funds or expenditures, based on their percentages share of the total fees collected to date, toward the following Eastern Neighborhoods Priority Capital Project development activities: planning, design, environmental review, approval, and implementation. For the purposes of this Ssection 1 OE.2, the "Eastern Neighborhoods Priority Capital Project List" shall mean a list of capital projects which are a priority subset of the full Eastern Neighborhoods Public Benefits Program as set forth in the Eastern Neighborhoods Interdepartmental Memorandum of Understanding and the Central SoMa Implementation Program and amended from time to time by the Planning Commission with advice from the Eastern Neighborhoods CommunityCitizens Advisory Committee and the South o[Market Community Planning Advisory Committee. A draft copy of said memorandum is on file with the Clerk of the Board of Supervisors in File No. 081446 and is incorporated herein by reference. * * * * Supervisor Haney BOARD OF SUPERVISORS Page 17 (d) EASTERN NEIGHBORHOODS COMMUNITY ADVISORY COMMITTEE. The Eastern Neighborhoods Community Advisory Committee, in Article XXXII of Chapter 5 of the Administrative Code, shall serve the purposes and functions stated in that Article XXXIL in the manner described therein. (d) EASTERNNEI~HBORHOODS CITIZENS ADVISORY COAfMITTEE. (1) Establishment and .. lJurpose. An Eastern Neighborhoods Citizens Advisory Committee (GAG) is hereby established. Within 6 mm~ths ofadoption o.lthe Eastern Neighborhoods Area Plan and rel-ated Pl-anning Code changes, the }Jayor and the Board &}Supervisors shall have appointed all members to the GAG. The C4C shali be the central community advisory bod)i elzar~ed ·with providing input to City agencies and decision makers with regard to all activities related to implementation &jthe Eastern Neighborhoods Area Plans. The GA C is established for the purposes providing input 01~ the prioritization ofPublic Benefits, updating the Public Benefits program, relay ing information to community members in each o,_,Cthefour neighborhoods regarding the status of development proposals in the Eastern }leighborhoods, andproviding input to Pl-an Area HWJ?itoring efforts as appropriate. The GAG shall be advisory, as appropriate, to the Planning Department, the Interagency Pl-anning & Implementation Committee (!PIC), the Plmming Commission, and the Bam o.lSupervisors. The GAG may perform thefollorvingfimctions as 1~eeded: ~4) Collaborate with the Planning Department and the l7~teragency Plan Implementation Committee on prioritizing the community improvementprojects and ide1~tifj;ing implementation details as part &}annual expe1~ditttre program that is adopted by the Board of Supervisors,· (B) Prmide an advisory role in a report backprocessfrom the Planning Department on enforcement o.lindividualprojects' compliance rvith the Area Plans standards m~d o specific conditions &}project approvals so that those agreements H'ill be more &jfoctively implement ed; Supervisor Haney BOARD OF SUPERVISORS Page 18 (C) Collaborate )~·ith the Planning Department and relevant city agencies in the monitoring ofthe Plans' implementation program at approximately e'v'eryfifth year, in coordination ·with the },1onitoring Program required by the Administrative Code Section 10. E; m~dprovide input to Plan Area monitoriJ~ efforts for required time series reporting. (2) Represenllltion and Appointments. G4J The GAG shall consist 19 members representing the diversity of the Eastern l'leighborhoods; k~y stakeholders, including resident renters, resident homeowners, lmv income residents, local merchants, established neighborhood groups witl<tin the Plan Area; and other groups identified through rejineme1~t of the CAG process. (B) All members shallli'f'e, •~·orlf, own property or mm a business in the Eastern Neighborhoods Plan Area they are appointed to represent. (C) The Board of&pervisors shall appoint a total ofeleven members to the GAG. Based on tlw Supervisorial District boundaries, the District 6 and 10 Supervisors shall nominate 4 four GAG members, tlie District 9 Supervisor shall nominate two GAG member~, and the District 8 Supervisor shall nominate one GAG member. The appointme1~t ofeach ofthe Board's GAG nominees shall be confirmed by the full Board of&pervisors. (D) The A1ayor shall appoint a total o.feight members, ',';~ith 01~e voting member representi1~ each ofthejive neighborhoods, and three voting at large members. (E) }.!ember~ shall sene for two year terms, but those terms shall be staggered such that, ofthe initial membership, some members will be randomly selected to serve four year terms and some 'IV ill serve two year terms. (F) At the first official meeting ofthe GAG, v;~hich shall not occur until at least 13 voting members ofthe GAG have been appointed by the respecti-;;e appointment process, a lottery shall be conducted il~ order to randomly select four Board o.f&pervisors appointees and Avo }Jayoral appointees to serve four year terms. At a subseque1~t meeting, )lh'ien the final two voting Su ervisor Hane p y BOARD OF SUPERVISORS Page 19 I I I members o.fthe GAG have been appointed by the respective appobitmentprocess, a lottery shall be comiucted in order to FaHdomly select which member shaY serve a four :y•eaf" teFm. / (G) The Board of'SupeFvisors and },/ayor may renew a member's tenn by repeating the respective appoiHtmeHtpFocess. (3) orth Committees or WfJrking Groups &/the G4C. According to pFocedures setf in bylaws adopted by the GAG, the GAG may, at its disaetion aeate subcommittees OF woFldng gF oups based aFOund geographic areas or functional issues. Each oftl'lese subcommittees oF working gFOU rps shall contain at least one GAG member who is eligible to 'Fote, but may also be comprised o.f individuals who &e not members ofthe CAC. if a non v'oiiJ'lg member ofthe GAG serves on a subcommittee or ?t•orking group that individual may act as a voting member of the subcommittee 01 working group. (4) Staffing for Eastern Neighborhoods Citizens Advisory Committee. The Planning Dep&tment or Interagency Plan Implementation Committee shall desigNate Hecessary staffingfrom rele-vant agencies to the GA C, as Heeded to con'l]Jlete the responsibilities and function sof the GAG described in this code. To the extentpermitted by law, staffing aHd administrative costs fa 1" the GAG shall be funded through the Eastem }leighborhoods Public BeHcjits Fund. StaffshaUpaFticip ate in the Interagency Planning and In'l]Jlementation Committee as set forth in AdmiHistrative Code Se ction -3-6:- (5) The Eastem NeighboFhoods GAG -will automatically terminate on December 31, 2020, unless the Board ofSupervisors extends tlze GAG's term by OrdiHanee. Section 6. Article 4 of the Planning Code is hereby amended by revising Section 418.7, to read as follows: SEC. 418.7. SOMA COMMUNITY STABILIZATION FUND. Su ervisor Hane p y BOARD OF SUPERVISORS Page 20 (a) Purpose. There is hereby established a separate fund set aside for a special purpose entitled the SOMA Community Stabilization Fund ("Fund"), and within the Fund an account related to the Community Facilities District defined in Section 434 called the SoMa Community Facilities District Account ("Community Facilities District Account"). The Fund and the Community Facilities District Account shall be held and maintained by the Controller. All monies collected by OBI pursuant to Section 418.3 shall be deposited in the Fund, to be maintained by the Controller. The Controller may direct certain proceeds of the Community Facilities District special tax, as defined in Section 434, collected pursuant to Section 434, to be deposited into the Community Faciiities District Account. Proceeds of bonds issued for the Community Facilities District shall not be deposited into the Community Facilities District Account .The receipts in the Fund and the Community Facilities District Account are hereby appropriated in accordance with law to be used solely to address the effects of destabilization on residents and businesses in SOMA subject to the conditions of this Section 418. 7. (b) Use of Funds. (1) All monies deposited in the Fund shall be used to address the impacts of destabilization on residents and businesses in SOMA including assistance for: affordable housing and community asset building, small business rental assistance, development of new affordable homes for rental units for low income households, rental subsidies for low income households, down payment assistance for home ownership for low income households, eviction prevention, employment development and capacity building for SOMA residents, job growth and job placement, small business assistance, leadership development, community cohesion, civic participation, cultural preservation, and community based programs and economic development. Monies in the Community Facilities District Account may be used for the purposes specified in this subsection (b) that are authorized uses of Community Facilities Supervisor Haney BOARD OF SUPERVISORS Page 21 revenues under the proceedings for the Community Facilities District and that are in the Central SoMa Implementation Program Document. (2) Monies from the Fund may be appropriated by the Mayor's Office of Housing and Community Development ("MOHCD_J_ without additional approval by the Board of Supervisors to the Planning Commission or other City department or office to commission economic analyses for the purpose of revising the fee, to complete a nexus study to demonstrate the relationship between residential development and the need for stabilization assistance if this is deemed necessary, provided these expenses do not exceed a total of $100,000. The receipts in the Fund rnay be used to pay the expenses of MOHCD in connection with administering the Fund and monitoring the use of the Funds. Before expending funds on administration, MOHCD must obtain the approval of the Board of Supervisors by Resolution. Monies in the Community Facilities District Account may not be used for the purposes described in this subsection (b)(2). (c) Reporting. The Controller's Office shall file a report with the Board of Supervisors in even-numbered years, which report shall set forth the amount of money collected in the Fund. The Fund shall be administered and expended by MOHCD, but all expenditures shall first be approved by the Board of Supervisors through the legislative process. In approving expenditures from the Fund, MOHCD and the Board of Supervisors shall acceptconsider any comments from the SOMA Community Stabilization Fund Community Advisory Committee in Article XXVII of Chapter 5 o[the Administrative Code, the public, and any relevant City departments or offices. With respect to the Community Facilities District Account, the Controller's Office also shall comply with the reporting requirements set forth in the Special Tax Financing Law and Government Code Section 50075 et seq. (d) O-versight. There shall be a SQ}AA Community Stabilization Fund Community Advisory Committee to advise 1\.!0HCD and the Board ofSupervisors on the administration ofthe Fund; Supervisor Haney BOARD OF SUPERVISORS Page 22 II I P Ianning Code Section 415, and Jobs HobtSb?g Linkage Fees collT!ctedpursuant to P lanni11g Code Section 413, generatedjrom development projects within the boundaries ofthe East SoA/a, Central SoA/a, or Western SoA/a Area Plans. (1) The Community Advi:>ory Committee shall be composed ofsev:m members 1 0 appointed as follows: ?4) One member represeJ?tiJ?g low ilwome residents ojfamilies who lives ~o~·ith his or her JY:lmily in SQ\/A, appointed by the Board of"Supervisors. (B) One member v;ho has expertise in employment development and/or represents labor, appointed by the Board ofSuper',;isors. One member who is a senior or disabled resident ofSO},/A, appointed by the Board ofSupervisors. (D) 0Jqe member with affordable housil?g expertise andfamiliarity with the SOA/A neighborhood, appointed by the Boar~ o.fSupervisors (E) One member ·who represents an arts or cultural co77fflfUJqity based organization or cultural district i11 SOA/A, appointed by the Board o.fSupervisors. (F) One member v;ho provides direct services to SQ}./A residentsfomilies, appointed by the Board ofSupervisors. (G) One member who has small bbtSiness expertise and a JY:lmiliarity v,;ith the SOMA neighborhood, appointed by the Board a./Supervisors. Supervisor Haney BOARD OF SUPERVISORS Page 23 (2) The CommwqityAdvisory Committee shall comply r~·ith all applicablepublic records and meeti1qgs laws and shall be subject to the Coriflict &j!Jqterestprovisions ofthe City's Charter and Administrative Code. The iJqitial meeting of the Advisory Committee shall be called within 30 days from the day the Board ofSupen'isors completes its initial appointments. }..10HCD shall provide administrative support to the Committee. The Committee shall develop annual recommendations to AKJHCD on the Expenditure Plan. (3) The members o.ft,lw Community Advisory Committee shall be appointedfor a term o.fn•.to years; provided, however, that the members first appointed shall by lot at the first meeting, classify their terms so that three shall serve for a term of one year Wid four shall serve for a term of two 1 0 years. At the initial meeting o.fthe Committee andyearly thereafter, the Committee members shall select such &jficer or officers as deemed necessary by the Committee. The Committee shall promulgate such rules or regulations as are necessaryfor the conduct ofits business under this &ction. In the event a vacancy occur~, a successor shall be appointed to fill the vacancy consistent with the process and requirements to appoint the previobtS appointee. When a vacancy occur~ for an reason other than the expiration o.fa term of&jfice, the appointee to fill such vacancy shall hold officefor the unexpired term ~f.his or her predecessor. Any appointee who misses four meetings within a nt~eh'e nwnt'1 period, without the approval ofthe Committee, shall be deemed to have resignedJrom the Committee. Section 7. Effective Date. This ordinance shall become effective 30 days after enactment. Enactment occurs when the Mayor signs the ordinance, the Mayor returns the ordinance unsigned or does not sign the ordinance within ten days of receiving it, or the Board of Supervisors overrides the Mayor's veto of the ordinance. Section 8. Scope of Ordinance. In enacting this ordinance, the Board of Supervisors intends to amend only those words, phrases, paragraphs, subsections, sections, articles, Supervisor Haney BOARD OF SUPERVISORS Page 24 numbers, punctuation marks, charts, diagrams, or any other constituent parts of the Municipal Code that are explicitly shown in this ordinance as additions, deletions, Board amendment additions, and Board amendment deletions in accordance with the "Note" that appears under the official title of the ordinance. APPROVED AS TO FORM: DENNIS J. HERRERA, City Attorney /:27 By: /~t. PETER ~MILJANICH Deputy City Attorney n:\legana\as2019\ 1800589\01395909.docx Supervisor Haney BOARD OF SUPERVISORS Page 25 City and County of San Francisco Tails Ordinance City Hall 1 Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 File Number: 181215 Date Passed: October 22, 2019 Ordinance amending the Administrative and Planning Codes to establish the South of Market Community Planning Advisory Committee to advise City officials and agencies on implementation of the Central SoMa Plan, Western SoMa Area Plan, and East SoMa Area Plan; to revise the membership and duties of the SOMA Community Stabilization Fund Community Advisory Committee and the Eastern Neighborhoods Citizens Advisory Committee; 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 making findings of public necessity, convenience, and welfare under Planning Code, Section 302. September 30,2019 Rules Committee- AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE September 30, 2019 Rules Committee- RECOMMENDED AS AMENDED October 08, 2019 Board of Supervisors- PASSED ON FIRST READING Ayes: 9- Brown, Fewer, Mandelman, Mar, Peskin, Ronen, Safai, Stefani and Yee Excused: 2- Haney and Walton October 22, 2019 Board of Supervisors- FINALLY PASSED City and County of San Francisco Ayes: 11 -Brown, Fewer, Haney, Mandelman, Mar, Peskin, Ronen, Safai, Stefani, Walton and Yee Pagel Printed at 9:01am on 10/23119 File No. 181215 London N. Breed Mayor City and County of San Francisco Page2 I hereby certify that the foregoing Ordinance was FINALLY PASSED on 10/22/2019 by the Board of Supervisors of the City and County of San Francisco. Date Approved Printed at 9:01am on10/23/19