Board of Supervisors Minutes: May 14, 2013

130314 [Settlement of Lawsuit - Lloyds and Zurich North America v. CCSF - $80,000] Ordinance authorizing settlement of the lawsuit by Zurich American Insurance Company, against the City and County of San Francisco for $80,000; the lawsuit was filed on January 17, 2013, in San Francisco Superior Court, Case No. CGC-13-528071; entitled Zurich American Insurance Company v. City and County of San Francisco, et al. (City Attorney's Office) Ordinance No. 092-13 FINALLY PASSED 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

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. Ordinance No. 089-13 FINALLY PASSED by the following vote: play video

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) Ordinance No. 086-13 FINALLY PASSED by the following vote: play video

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

Noes: Avalos

130185 [Appropriation - $656,958 of General Fund Reserve to the Public Defender for Salary Expenditures - FY2012-2013] Sponsors: Campos; Avalos and Mar Ordinance appropriating $656,958 from the General Fund Reserve to the Public Defender for salary expenditures in FY2012-2013, pursuant to Charter Section 9.113, this appropriation is subject to a two-thirds affirmative vote of all members of the Board of Supervisors. (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

130261 [Health Code - Retroactive Increase in Patient Rates for Certain Mental Health Services] Sponsor: Mayor Ordinance amending the Health Code, Section 128, to retroactively increase patient rates charged for certain mental health services. PASSED, ON FIRST READING by the following vote: play video

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

Noes: None

130364 [De-Appropriation and Re-Appropriation - $71,016 to Public Utilities Commission for Overtime - FY2012-2013] Sponsor: Mayor Ordinance de-appropriating $71,016 in salaries in the Public Utilities Commission, Hetch Hetchy Department, operating budget and re-appropriating $71,016 to overtime in the Public Utilities Commission, Hetch Hetchy Department operating budget in order to support the department’s projected increases in overtime as required per Ordinance No. 194-11, and requiring a two-thirds vote of all members of the Board of Supervisors for approval. PASSED ON FIRST READING by the following vote: play video

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

Noes: None

130365 [De-Appropriation and Re-Appropriation - Operating Budget Amendment of $5,096,000 and Capital Improvement Projects of $42,178,878 for Public Utilities Commission - FY2013-2014] Sponsor: Mayor Ordinance amending the adopted FY2013-2014 Appropriation Ordinance and other adopted biennial capital appropriation ordinances for the Public Utilities Commission, including $3,100,000 in de-appropriation and re-appropriation for the Hetch Hetchy Enterprise operating budget; de-appropriating $16,414,070 and re-appropriating $7,513,665 in capital projects in the Hetch Hetchy Capital Improvement Program projects; de-appropriating and re-appropriating $1,996,000 in the Water Enterprise operating budget; de-appropriating $70,955,900 and re-appropriating $55,169,000 in the in the Water Enterprise Capital Improvement Program projects; and de-appropriating $56,370,059 and re-appropriating $38,878,486 in the Wastewater Enterprise Capital Improvement Program. (Fiscal Impact) Supervisor Farrell, seconded by Supervisor Mar, moved that this Ordinance be CONTINUED ON FIRST READING to June 18, 2013. The motion carried by the following vote: play video

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

Noes: None

130366 [De-Appropriation and Re-Appropriation - $250,000 to Public Utilities Commission for Overtime - FY2012-2013] Sponsor: Mayor Ordinance de-appropriating $250,000 in debt service in the Public Utilities Commission, Water Enterprise Department, operating budget, and re-appropriating $250,000 to overtime in the Public Utilities Commission, Water Enterprise Department, operating budget, in order to support the department’s projected increases in overtime, as required by Board of Supervisors Ordinance No. 194-11; and requiring a two-thirds vote of all members of the Board of Supervisors for approval. PASSED ON FIRST READING by the following vote: play video

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

Noes: None

130367 [De-Appropriation and Re-Appropriation - $16,546,000 to Public Utilities Commission for Expenditures - FY2012-2013] Sponsor: Mayor Ordinance de-appropriating $16,546,000 in existing Wastewater Capital Improvement Program project budgets and re-appropriating the funds to Wastewater Sewer System Improvement Program budgets adopted by the Public Utilities Commission. PASSED, ON FIRST READING by the following vote: play video

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

Noes: None

130273 [Accept In Kind Gift - Technical Assistance - $250,000] Resolution authorizing the Office of the District Attorney to retroactively accept an in kind gift of technical assistance valued at $250,000 from the Open Society Foundation for the grant period of January 1, 2013, through June 30, 2015. (District Attorney) Resolution No. 140-13 ADOPTED by the following vote: play video

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

Noes: None

130274 [Accept Gift - Design Services and Furniture - $26,445.43] Resolution authorizing the Office of the District Attorney to retroactively accept a gift of design services and furniture, valued at a total of $26,445.43 from various donors. (District Attorney) (Supervisors Mar and Avalos dissented in Committee.) Privilege of the floor was granted to Jon Givner, Deputy City Attorney, and Cristine DeBerry (District Attorney's Office) who responded to questions raised throughout the discussion. Supervisor Campos, seconded by Supervisor Avalos, moved that this Resolution be AMENDED to allow the acceptance contingent on the District Attorney filing a Form 801 with the Fair Political Practices Commission, and further requiring the District Attorney to file a copy of the Form 801 with the Clerk of the Board for inclusion in the official file. The motion FAILED by the following vote:

Ayes: Avalos, Campos, Mar

Noes: Breed, Chiu, Cohen, Farrell, Kim, Tang, Wiener, Yee

Resolution No. 141-13 ADOPTED by the following vote: play video

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

Noes: Avalos

130244 [Health, Business and Tax Regulations Code - Regulate and Establish Annual Fees - Cottage Food Operations] Ordinance amending the Health Code, by adding Section 452.1, to establish a procedure for regulating Cottage Food Operations; amending the Business and Tax Regulations Code, by adding Section 249.1A, to establish annual fees for Cottage Food Operations; and making environmental findings. (Public Health Department) (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

130286 [Term Sheet Endorsement - Development of Seawall Lot 337 and Pier 48 and Finding of Fiscal Feasibility] Sponsors: Mayor; Kim, Chiu and Wiener Resolution finding the proposed development of Seawall Lot 337 and Pier 48, bounded by China Basin Channel, Third Street, Mission Rock Street, and San Francisco Bay and adjacent to AT&T Park, fiscally feasible under Administrative Code, Chapter 29, and endorsing the Term Sheet between Seawall Lot 337 Associates, LLC and the Port Commission. Resolution No. 142-13 ADOPTED by the following vote: play video

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

Noes: None

130072 [Airport Concession Lease - Clear Channel Outdoor, Inc., dba Clear Channel Airports - $10,000,000 Minimum Annual Guarantee] Resolution approving the Airport Advertising Lease between Clear Channel Outdoor, Inc., dba Clear Channel Airports, acting by and through its Airport Commission, for an eight year term with a minimum annual guarantee of $10,000,000. (Airport Commission) Privilege of the floor was granted to Harvey Rose, Budget and Legislative Analyst, and John Martin, San Francisco International Airport Director, who responded to questions raised throughout the discussion. Supervisor Avalos, seconded by Supervisor Kim, moved that this Resolution be CONTINUED to May 21, 2013. Supervisors Avalos and Kim withdrew the motion. Resolution No. 138-13 ADOPTED by the following vote: play video

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

Noes: Avalos, Campos

130277 [Agreement - Engineered Arresting Systems Corporation - Not to Exceed $40,000,000] Resolution authorizing the Office of Contract Administration and Purchaser to enter into the Agreement between the Airport Commission and Engineered Arresting Systems Corporation for the not to exceed amount of $40,000,000 for the purchase of an Engineered Material Arresting System for the San Francisco International Airport Runway Safety Area Program. (Airport Commission) Resolution No. 137-13 ADOPTED by the following vote:

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

Noes: None

130342 [Lease Amendment - Master Bike Rental Concession - ParkWide Activities, LLC] Sponsors: Breed; Mar Resolution authorizing the execution of a first amendment to the lease between the Recreation and Park Department and ParkWide Activities, LLC, for the operation of a master bike rental concession in City parks, for the period of August 17, 2011, through August 16, 2016. Resolution No. 143-13 ADOPTED by the following vote: play video

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

Noes: None

130343 [Accept and Expend Grant - San Francisco Covered California Initiative - $568,800] Sponsor: Mayor Resolution authorizing the Department of Public Health to accept and expend a grant in the amount of $568,800 from the State of California to participate in a program entitled San Francisco Covered California Initiative for the period of May 1, 2013, through December 31, 2014. Privilege of the floor was granted to Jason Elliott (Mayor's Office) indicated that we did not receive the award for additional funding to do outreach and education to individuals about how to purchase insurance on the exchange. Further indicating that the Department of Public Health and the Office of Small Business will continue to do this work in hopes that a second round of funding might be offered. Supervisor Farrell, seconded by Supervisor Cohen, moved that this Resolution 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

130370 [Appropriation and De-Appropriation - Equipment Lease Revenue Bonds, Series 2013A - $2,056,612 - FY2012-2013] Sponsor: Mayor Ordinance appropriating $2,056,612 of Equipment Lease Revenue Bonds, Series 2013A, Proceeds and de-appropriating $171,628 of equipment lease project to fund related financial costs for issuing Equipment Lease Revenue Bonds, Series 2013A, for Citywide Lease Equipment financing in FY2012-2013. (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

130376 [Issuance - Equipment Lease Revenue Bonds, Series 2013A - Finance Corporation Equipment Program - Not to Exceed $12,500,000] Sponsor: Mayor Resolution approving the form of and authorizing execution and delivery of Equipment Lease Revenue Bonds, Series 2013A, Supplement No. 19, between the City and County of San Francisco Finance Corporation, as lessor, and the City and County of San Francisco (City), as lessee, with respect to certain equipment to be used for city purposes, a related certificate of approval and a continuing disclosure certificate; approving the issuance of lease revenue bonds by said nonprofit corporation in an amount not to exceed $12,500,000; approving the form of the official statement and the distribution thereof in preliminary and final form; providing for reimbursement to the City of certain city expenditures incurred prior to the issuance of lease revenue bonds; and providing for the execution of documents in connection therewith. Resolution No. 144-13 ADOPTED by the following vote: play video

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

Noes: None

130383 [Accept and Expend Grant - Bay Area Regional Energy Network - $931,000] Sponsor: Mar Resolution authorizing the Department of the Environment to retroactively accept and expend a grant of $931,000 from the Association of Bay Area Governments to perform various activities as part of a Bay Area Regional Energy Network energy efficiency program for the period of January 1, 2013, through December 31, 2014. Resolution No. 145-13 ADOPTED by the following vote: play video

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

Noes: None

130163 [Liquor License Transfer - 2545-24th Street] Resolution determining that the transfer of a Type 48 on-sale general public premises license from 1480 Alabama Street to 2545-24th Street (District 10), to Steven Schefsky and Jim Saxton, for Playland ABC, LLC, will serve the public convenience and necessity of the City and County and San Francisco, in accordance with California Business and Professions Code, Section 23958.4, and recommending that the California Department of Alcoholic Beverage Control impose conditions on the issuance of the license. (Neighborhood Services and Safety Committee) Resolution No. 139-13 ADOPTED by the following vote: play video

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

Noes: None

130403 [Closed Session - Existing Litigation - Consolidated Cases Relating to Transient Occupancy Tax] Sponsor: Chiu Motion that the Board of Supervisors convene in closed session on May 14, 2013, for the purpose of conferring with, or receiving advice from, Legal Counsel regarding existing litigation relating to the Transient Occupancy Tax in which the City is a defendant pursuant to California Government Code, Section 54956.9(a), and San Francisco Administrative Code, Section 67.10(d)(1), which permits this closed session because discussion in open session concerning this matter would likely and unavoidably prejudice the position of the City in the existing litigation. The President inquired as to whether any member of the public wished to address the Board regarding convening in closed session. There were no speakers. The President declared public comment closed. Motion No. M13-064 Supervisor Campos, seconded by Supervisor Avalos, moved that this Motion be APPROVED. The motion carried by the following vote:

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

Noes: None

Absent: Mar

otion. The following Supervisors were noted present: Supervisors Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Tang, Wiener, Yee Persons in attendance: Jose Cisneros, Treasurer/Tax Collector Ben Rosenfield, Controller Kate Howard, Mayor's Budget Director Jon Givner, Deputy City Attorney Julie Van Nostern, Deputy City Attorney Peter Keith, Deputy City Attorney Angela Calvillo, Clerk of the Board Rick Caldeira, Legislative Deputy Director Supervisor Wiener was noted absent at 7:16 p.m. for the remainder of the meeting. Supervisor Avalos was noted absent at 7:25 p.m. for the remainder of the meeting. Matter was heard in closed session, no action was taken, and the hearing was filed. RECONVENING OF THE BOARD The Board reconvened at the hour of 7:45 p.m. The following Supervisors were noted present: Supervisors Breed, Campos, Chiu, Cohen, Farrell, Kim, Tang, Yee [Elect Not to Disclose] Motion that the Board finds that it is in the best interests of the public that the Board elect at this time not to disclose its closed session deliberations. Supervisor Cohen, seconded by Supervisor Yee, moved not to disclose its Closed Session deliberations. The motion carried by the following vote:

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

Noes: None

Absent: Avalos, Mar, Wiener

130397 [Committee of the Whole - Report of Assessment Costs for Blighted Properties] Motion scheduling the Board of Supervisors to sit as a Committee of the Whole on May 21, 2013, at 3:00 p.m., to hold a public hearing on a Resolution approving a report of assessment costs submitted by the Director of Public Works for inspection and/or repair of blighted properties ordered to be performed by said Director pursuant to Administrative Code, Chapter 80, the costs thereof having been paid for out of a blight abatement fund. (Clerk of the Board) Motion No. M13-065 APPROVED play video The foregoing items were acted upon by the following vote:

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

Noes: None

Absent: Mar

Supervisor Cohen, seconded by Supervisor Breed, moved to rescind the previous vote. The motion carried by the following vote:

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

Noes: None

Absent: Mar

The foregoing items were acted upon by the following vote:

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

Noes: None

Absent: Mar

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. Resolution No. 146-13 ADOPTED by the following vote: play video

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

Noes: None

Absent: Mar