Board of Supervisors Minutes: May 7, 2013

121102 [Appointments, In-Home Supportive Services Public Authority - Patricia Webb, Kelly Dearman, and Tatiana Kostanian] Motion appointing Patricia Webb, Kelly Dearman, and Tatiana Kostanian, terms ending March 1, 2016, to the In-Home Supportive Services Public Authority. (Clerk of the Board) Motion No. M13-060 APPROVED The foregoing items were acted upon by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Noes: None

130315 [Settlement of Lawsuit - CTIA - The Wireless Association] Ordinance authorizing settlement of a lawsuit filed by CTIA against the City and County of San Francisco; the lawsuit was filed on July 23, 2010, in United States District Court, Northern District of California, Case No. 3:10-cv-03224 (WHA); entitled CTIA - The Wireless Association v. City and County of San Francisco; the material terms of said settlement are that: CTIA and the City will enter into a stipulated Final Judgment for the CTIA, including declaratory relief and a permanent injunction against enforcement of the Cell Phone Right-to-Know Law; the City will cease all litigation over the Cell Phone Right-to-Know Law; and, CTIA will waive its claims for attorney’s fees. (City Attorney's Office) PASSED ON FIRST READING by the following vote: play video

Ayes: Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Noes: Avalos

130179 [Agreement - Tom Eliot Fisch/Knapp Architects, JV - Authorizing Waiver of Certain As-Needed Contract Requirements In Order to Complete Design and Engineering of Bayview Opera House - $1,275,000] Sponsor: Cohen Ordinance waiving the as-needed contract modification not to exceed amount requirement under Administrative Code, Section 6.64, and authorizing the Director of Public Works to amend its as-needed Architectural Services Agreement with Tom Eliot Fisch/Knapp Architects, JV by increasing the not to exceed amount by $150,000 from $1,125,000 to $1,275,000 for the limited purpose of completing the design and engineering for the Bayview Opera House project for the period of September 2, 2010, through September 1, 2015. Ordinance No. 085-13 FINALLY PASSED by the following vote: play video

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Noes: None

130284 [Planning, Building Codes - Fee Waiver Program - Small Business Month, May 2013] Sponsor: Tang Ordinance recognizing Small Business Month in May 2013; amending the Planning Code and the Building Code to retroactively waive fees for the month of May for certain façade improvements; and making findings, including environmental findings and findings of consistency with the General Plan and priority policies of Planning Code, Section 101.1. PASSED ON FIRST READING by the following vote: play video

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Noes: None

130299 [Appropriation and De-Appropriation - $4,072,764 for Overtime - FY2012-2013] Sponsor: Mayor Ordinance appropriating $4,072,764 to overtime and de-appropriating $4,072,764 consisting of $3,272,301 in permanent salaries and $800,463 in fringe benefits in the Fire Department’s operating budget in order to support the department’s projected increases in overtime as required per Ordinance No. 194-11. (Fiscal Impact) PASSED, ON FIRST READING by the following vote: play video

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Noes: None

130224 [Agreement - Pacific Gas and Electric Company - University Mound Reservoir Project - $86,765.18] Sponsor: Campos Ordinance authorizing the Public Utilities Commission General Manager to enter into a long-term interconnection agreement with Pacific Gas and Electric Company to connect a small renewable energy project at University Mound Reservoir to the electric system; and waiving specific requirements of the Administrative Code and the Environment Code in the best interests of the City for an amount of $86,765.18 with a duration of ten years and automatic renewal every year thereafter. PASSED, ON FIRST READING by the following vote: play video

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Noes: None

ed documents to the California Debt Limit Allocation Committee (CDLAC) to permit the issuance of residential mortgage revenue bonds in an aggregate principal amount not to exceed $25,000,000 for Western Park Apartments, 1280 Laguna Street, San Francisco, California 94115; authorizing and directing the Director to direct the Controller’s Office to hold in trust an amount not to exceed $100,000 in accordance with CDLAC procedures; authorizing the Director to certify to CDLAC that the City has on deposit the required amount; authorizing the Director to pay an amount equal to such deposit to the State of California if the City fails to issue the residential mortgage revenue bonds; approving, for purposes of the Internal Revenue Code of 1986, as amended, the issuance and sale of residential mortgage revenue bonds by the City in an aggregate principal amount not to exceed $25,000,000; authorizing and directing the execution of any documents necessary to implement this Resolution; and ratifying and approving any action heretofore taken in connection with the Project (as defined herein) and the Application (as defined herein). Resolution No. 135-13 ADOPTED by the following vote: play video

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Noes: None

120669 [Subdivision Code - Condominium Conversion Fee] Sponsors: Farrell; Wiener, Chiu, Yee and Kim Ordinance amending the Subdivision Code, by adding Section 1396.4, to adopt a condominium conversion impact fee applicable to certain buildings that would be permitted to convert during a six year period, and subject to specified requirements, including lifetime leases for non-purchasing tenants; adding Section 1396.5, to suspend the annual condominium conversion lottery until 2024 and resume said lottery under specified circumstances tied to permanently affordable rental housing production; amending Section 1396, to restrict future condominium lotteries to buildings of no more than four units with a specified number of owner occupied units for three years prior to the lottery; and adopting environmental findings. (Economic Impact) (Supervisor Wiener dissented in Committee.) Supervisor Farrell, seconded by Supervisor Chiu, moved that this Ordinance be RE-REFERRED to the Land Use and Economic Development Committee on May 13, 2013. The motion carried by the following vote: play video

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Noes: None

130262 [Police Code - Access to Reproductive Health Care Facilities] Sponsors: Campos; Cohen, Kim, Avalos, Wiener, Mar, Breed, Chiu, Yee and Tang Ordinance amending the Police Code, Article 43, Sections 4301, 4302, 4303, and 4304, to replace the existing eight-foot bubble zone around individuals entering, exiting, and seeking services at health care facilities with a fixed buffer zone around the entrances, exits, and driveways of reproductive health care facilities; and to prohibit any person from entering or remaining in that buffer zone, with certain exceptions; and making environmental findings. PASSED, ON FIRST READING by the following vote: play video

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Noes: None

130329 [Appointments, Shelter Monitoring Committee - Deborah Muise and Raija Freeman] Motion appointing Deborah Muise and Raija Freeman, terms ending November 23, 2014, to the Shelter Monitoring Committee, residency requirement waived. (Clerk of the Board) Motion No. M13-061 APPROVED by the following vote: play video

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Noes: None

130309 [Affirming FEIR Certification - 706 Mission Street - The Mexican Museum and Residential Tower Project] Motion affirming the certification by the Planning Commission of the Final Environmental Impact Report for the 706 Mission Street - The Mexican Museum and Residential Tower Project. (Clerk of the Board) Motion No. M13-062 Supervisor Kim, seconded by Supervisor Yee, moved that this Motion be APPROVED. The motion carried by the following vote: play video

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Noes: None

130310 [Reversing FEIR Certification - 706 Mission Street - The Mexican Museum and Residential Tower Project] Motion reversing the certification by the Planning Commission of the Final Environmental Impact Report for the 706 Mission Street - The Mexican Museum and Residential Tower Project. (Clerk of the Board) Supervisor Kim, seconded by Supervisor Yee, moved that this Motion be TABLED. The motion carried by the following vote: play video

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Noes: None

130311 [Preparation of Findings to Reverse FEIR Certification - 706 Mission Street - The Mexican Museum and Residential Tower Project] Motion directing the Clerk of the Board to prepare findings reversing the certification by the Planning Commission of the Final Environmental Impact Report for the 706 Mission Street - The Mexican Museum and Residential Tower Project. (Clerk of the Board) Supervisor Kim, seconded by Supervisor Yee, moved that this Motion be TABLED. The motion carried by the following vote: play video

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Noes: None

130354 [Final Map 7335 - 1880 Mission Street] Motion approving Final Map 7335, a 202 residential unit and three commercial unit mixed-use condominium project, located at 1880 Mission Street, being a merger and resubdivision of Assessor’s Block No. 3547, Lot Nos. 002A, 003, 004 and 029, and adopting findings pursuant to the General Plan and Planning Code, Section 101.1. (Public Works Department) Motion No. M13-063 APPROVED play video The foregoing items were acted upon by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Noes: None

130386 [Urging the California State Senate to Pass Senate Bill 622] Sponsors: Campos; Avalos, Mar and Kim Resolution urging the California State Senate to pass Senate Bill 622, which would levy an excise tax of one cent ($0.01) per fluid ounce on any beverage with added caloric sweeteners, such as sodas, in order to fund activities to prevent childhood obesity. Supervisor Campos, seconded by Supervisor Cohen, moved that this Resolution be CONTINUED to May 14, 2013. The motion carried by the following vote: play video

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Noes: None

130387 [Urging the United States Senate to Amend Senate Bill 744 and Pass Comprehensive Immigration Reform] Sponsors: Chiu; Campos and Kim Resolution urging the United States Senate to amend Senate Bill 744 and pass Comprehensive Immigration Reform legislation to focus on family reunification, create a real pathway to citizenship, and be inclusive of our country’s diversity. Resolution No. 136-13 ADOPTED by the following vote: play video

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee

Noes: None