Board of Supervisors Minutes: June 4, 2013

130445 [Appointment, Graffiti Advisory Board - Daniel Kling] Motion appointing Daniel Kling, term ending April 10, 2015, to the Graffiti Advisory Board. (Clerk of the Board) Motion No. M13-068 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

130182 [Police, Administrative Codes - Entertainment-Related Permits] Sponsors: Wiener; Chiu and Campos Ordinance amending the Police Code to clarify permit requirements and procedures, as well as to expand suspension, citation, and enforcement provisions regarding Entertainment Commission permits, including Place of Entertainment Permits, Limited Live Performance Permits, Temporary Place of Entertainment Permits, Temporary Limited Live Performance Permits, Extended-Hours Premises Permits, and Temporary Extended-Hours Premises Permits, and noise limits and standards; amending the Administrative Code to clarify fee setting and reporting procedures; and making environmental findings. Ordinance No. 100-13 FINALLY PASSED by the following vote:

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

Noes: None

130340 [Park Code - Farmers’ Market Permits] Sponsor: Wiener Ordinance amending Park Code, Section 7.21, to authorize Farmers’ Markets on Recreation and Park Department property to operate more than once a week, and specifying the applicable permit fee; and making environmental findings. PASSED, ON FIRST READING by the following vote:

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

Noes: None

130341 [Real Property Acquisition - Park Purposes - 3861-24th Street - $4,242,510] Sponsors: Wiener; Campos Resolution authorizing the acquisition of real property at 3861-24th Street, Assessor’s Block No. 6509, Lot No. 040, for $4,242,510 for park purposes, from the Noe Valley Ministry PCUSA; finding that the proposed transaction is in conformance with the City’s General Plan and the priority policies of Planning Code, Section 101.1, and categorically exempt from environmental review as under the California Environmental Quality Act. (Fiscal Impact) Supervisor Campos requested to be added as a co-sponsor. Resolution No. 171-13 ADOPTED by the following vote:

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

Noes: None

130482 [Appropriation - Port Revenue Bond Proceeds, Surplus Revenues, and Expenditures of Supporting Capital Projects - $34,722,930 - FY2012-2013] Sponsors: Mayor; Chiu Ordinance appropriating $34,722,930 consisting of $25,265,500 of 2013 Port Revenue Bond Series A and B proceeds, $849,680 of Interest Earnings, $6,445,220 from 2010 Revenue Bond funded projects, $1,689,074 from 2012 Certificates of Participation Series B funded projects and $473,456 from Port Capital Funded projects to the Port Commission in FY2012-2013 for the development of the Cruise Terminal Project at Pier 27 and the Northern Waterfront Historic Pier Structures Repair Project. PASSED, ON FIRST READING by the following vote:

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

Noes: None

130448 [Contract Amendment - Port of San Francisco - Pier 27 James R. Herman Cruise Ship Terminal and Northeast Wharf Plaza - Not to Exceed $11,491,708] Resolution authorizing the Executive Director of the Port of San Francisco to execute an amendment to the contract with Kaplan, McLaughlin, and Diaz Architects, and Pfau Long Architecture, a Joint Venture, for architectural and engineering design services for the Pier 27 James R. Herman Cruise Ship Terminal and Northeast Wharf Plaza Project at Pier 27 to increase the not to exceed contract amount by $1,541,708 from $9,950,000 to $11,491,708 for the period of November 10, 2009, through December 31, 2014. (Port) Privilege of the floor was granted to Megan Wallace and Kip Vonblond (Port) and Jon Givner, Deputy City Attorney, who responded to questions raised throughout the discussion. Resolution No. 172-13 ADOPTED by the following vote:

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

Noes: Campos, Yee

130488 [Issuance - Port Revenue Bonds - James R. Herman Cruise Terminal Project - Not to Exceed $25,300,000] Sponsors: Mayor; Chiu Resolution authorizing the issuance of not to exceed $25,300,000 aggregate principal amount of Port Revenue Bonds for the purpose of financing capital improvements related to Phase II of the James R. Herman Cruise Terminal Project located at Pier 27 and for improvements to Northern Waterfront Historic Piers; authorizing the Port to cause the preparation of such documents necessary in connection with the issuance of said Port revenue bonds; stating the official intent of the Port to reimburse itself with tax-exempt bonds for expenditures made or to be made for the acquisition, construction, or improvement of the project; authorizing the Port to borrow funds on an interim basis from the City’s commercial paper program; and related matters. Resolution No. 173-13 ADOPTED by the following vote:

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

Noes: None

130428 [Accept and Expend Grant - California Cultural and Historical Endowment Grant for Pier 70 Union Iron Works Stabilization Project - $250,000] Sponsors: Mayor; Cohen Resolution authorizing the Port to accept and expend a grant in the amount of $250,000 from the California Cultural and Historical Endowment Under the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 for the Pier 70 Union Iron Works Machine Shop Stabilization Project for the period of June 15, 2013, through December 31, 2014. Resolution No. 166-13 ADOPTED by the following vote:

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

Noes: None

130465 [Settlement of Claims, Litigation, and Appropriation - Water Pipeline Break - 15th Avenue and Wawona Street - Not to Exceed $4,000,000] Sponsors: Yee; Chiu Ordinance authorizing the Public Utilities Commission (SFPUC) and the City Attorney's Office to approve settlements of claims or litigation arising out of the February 27, 2013, accidental break of the SFPUC's water transmission pipeline on 15th Avenue between West Portal Avenue and Wawona Street in San Francisco for amounts exceeding $25,000 per claim, notwithstanding Administrative Code, Section 10.22 et.seq., subject to a total amount not to exceed $4,000,000 if the Controller certifies availability of funds, and subject to periodic reporting to the Board of Supervisors Rules Committee; and appropriating $4,000,000 from the Water Enterprise Fund Balance for such purpose. PASSED, ON FIRST READING by the following vote:

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

Noes: None

130295 [Real Property Lease Renewal and Amendment - 1390 Market Street - BRCP 1390 Market, LLC - Monthly Rent of $82,818.07] Resolution authorizing the five year renewal and amendment of a lease of approximately 27,826 square feet of space at 1390 Market Street with BRCP 1390 Market, LLC, as Landlord, for use by the Department of Public Health at the monthly cost of $82,818.07 for the period of December 1, 2013, through November 30, 2018. (Real Estate Department) (Fiscal Impact) Resolution No. 174-13 ADOPTED by the following vote:

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

Noes: None

130391 [Airport Professional Services Agreement Amendment - Curbside Management Program - Not to Exceed $14,636,814] Resolution approving Amendment No. 1 to Professional Services Agreement, Airport Contract No. 8994, Manage and Staff the Curbside Management Program, between FSP PPM Management, LLC, and the City and County of San Francisco, acting by and through its Airport Commission, in an amount not to exceed $14,636,814, pursuant to Charter, Section 9.118(b), for the period of July 1, 2013, through June 30, 2014. (Airport Commission) Resolution No. 175-13 ADOPTED by the following vote:

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

Noes: None

130418 [Retail Lease - Sega Food Groups, Inc. - 133 O’Farrell Street - Annual Base Rent of $180,000] Sponsor: Chiu Resolution authorizing the Municipal Transportation Agency to execute a retail lease agreement with Sega Food Groups, Inc., and Ramin Vahabi for approximately 1,127 square feet of retail space at 133 O’Farrell Street, for a 10 year term, plus two five year extension options, at an initial annual base rent of $180,000 with annual increases. Resolution No. 176-13 ADOPTED by the following vote:

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

Noes: None

130421 [Accept and Expend Grant - Highway Bridge Program - $3,415,487] Sponsor: Cohen Resolution authorizing the Department of Public Works to retroactively accept and expend a Federal grant in the amount of $3,415,487 from the Federal Highway Administration for the Islais Creek Bridge Rehabilitation Project for the period of May 1, 2013, through March 31, 2015. (Fiscal Impact) Resolution No. 177-13 ADOPTED by the following vote:

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

Noes: None

130422 [Contract for, Accept, and Expend Grant - Criminal Restitution Compact - Up to $256,974] Sponsor: Cohen Resolution authorizing the Office of the District Attorney to contract for, accept, and expend up to $256,974 allocated from the California Victim Compensation and Government Claims Board for a project entitled the Criminal Restitution Compact for the period of July 1, 2013, through June 30, 2016. Resolution No. 178-13 ADOPTED by the following vote:

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

Noes: None

130419 [Resolution of Intention - Top of Broadway Community Benefit District] Sponsor: Chiu Resolution declaring the intention of the Board of Supervisors to establish a property-based business improvement district (community benefit district) to be known as the “Top of Broadway Community Benefit District” and levy a multi-year assessment on identified parcels in the district; approving the Management District Plan, Engineer’s Report, and proposed boundaries map for the district; ordering and setting a time and place for a public hearing thereon; approving the form of the Notice of Public Hearing and Assessment Ballots; directing environmental findings; and directing the Clerk of the Board of Supervisors to give notice of the public hearing and balloting as required by law. Resolution No. 165-13 ADOPTED by the following vote:

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

Noes: None

130470 [Resolution of Intention - Renew and Expand the Central Market Community Benefit District] Sponsor: Kim Resolution declaring the intention of the Board of Supervisors to renew and expand the property-based business improvement district (community benefit district) to be known as the “Central Market Community Benefit District” and levy a multi-year assessment on all parcels in the district; approving the Management District Plan, Engineer’s Report, and proposed boundaries map for the district; ordering and setting a time and place for a public hearing thereon; approving the form of the Notice of Public Hearing and Assessment Ballot Proceeding, and Assessment Ballot; directing environmental findings; and directing the Clerk of the Board of Supervisors to give notice of the public hearing and balloting as required by law. Resolution No. 167-13 ADOPTED by the following vote:

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

Noes: None

111278 [Planning Code, Zoning Map - Establishing the Art and Design Educational Special Use District - 1111 Eighth Street] Sponsor: Cohen Ordinance amending the Planning Code, by adding Section 249.67, and the Zoning Map, Section Map SU08, to establish the Art and Design Educational Special Use District at 1111 Eighth Street to facilitate the continued operation of the California College of the Arts, and provide a regulatory scheme for a potential future phased expansion of the campus; and making environmental findings, Planning Code, Section 302, findings, and findings of consistency with the General Plan and the priority policies of Planning Code, Section 101.1. PASSED, ON FIRST READING by the following vote:

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

Noes: None

120488 [Environment Code - Bottle Filling Stations] Sponsor: Chiu Ordinance amending the Environment Code, by adding Chapter 23, to require new buildings that have drinking fountains to provide bottle filling stations; and making environmental and other findings. Supervisor Chiu, seconded by Supervisor Mar, moved that this Ordinance be AMENDED on Page 3, Lines 6 and 7, by adding 'California Title 24 accessibility' before 'standards'; and deleting 'of the Americans with Disabilities Act'. The motion carried by the following vote:

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

Noes: None

PASSED ON FIRST READING AS AMENDED by the following vote:

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

Noes: None

130180 [Planning Code - Pre-Application Meetings in Production/Distribution/Repair-1-B (Light Industrial Buffer) District] Sponsor: Cohen Ordinance amending the Planning Code, by adding Section 313, to require pre-application meetings for certain projects in the Product/Distribution/Repair -1-B (Light Industrial Buffer) District; and making environmental, General Plan, and Planning Code, Section 101(b), findings. PASSED, ON FIRST READING by the following vote:

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

Noes: None

130233 [Comprehensive Immigration Reform Including Same-Sex Couples] Sponsors: Campos; Avalos, Wiener, Chiu, Yee, Kim, Mar and Cohen Resolution urging Congress to pass an inclusive comprehensive immigration reform that includes all families, including same-sex couples. Supervisors Kim, Mar, and Cohen requested to be added as co-sponsors. Resolution No. 180-13 ADOPTED by the following vote:

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

Noes: None

130245 [Liquor License Transfer - 522 Sutter Street] Resolution determining that the transfer of a Type 21 off-sale general license from 539 Sutter Street to 522 Sutter Street (District 3), to Naser J. Zakout for the Theatre Too Café, will serve the public convenience or 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. 168-13 ADOPTED by the following vote:

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

Noes: None

130168 [Liquor License Transfer - 800 Post Street] Resolution determining that the transfer of a Type 48 on-sale general public premises license from 493 Broadway Street to 800 Post Street (District 3), to Dan Cowan and Jim Saxton for UNX Enterprises, LLC, dba Café Royale, will serve the public convenience and necessity of the City and County of San Francisco, in accordance with California Business and Professions Code, Section 23958.4. (Neighborhood Services and Safety Committee) Supervisor Chiu, seconded by Supervisor Yee, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE. The motion carried by the following vote:

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

Noes: None

Resolution determining that the transfer of a Type 48 on-sale general public premises license from 493 Broadway Street to 800 Post Street (District 3), to Dan Cowan and Jim Saxton for UNX Enterprises, LLC, dba Café Royale, will serve the public convenience and necessity of the City and County of 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. 179-13 ADOPTED AS AMENDED by the following vote:

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

Noes: None

130330 [Appointment, SOMA Community Stabilization Fund Community Advisory Committee - M. Alicia Duke] Motion appointing M. Alicia Duke, term ending April 27, 2015, to the SOMA Community Stabilization Fund Community Advisory Committee. (Clerk of the Board) Motion No. M13-069 APPROVED by the following vote:

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

Noes: None

130407 [Appointment, Ethics Commission - Brett Andrews] Motion appointing Brett Andrews, term ending February 1, 2017, to the Ethics Commission. (Clerk of the Board) Supervisor Avalos, seconded by Supervisor Campos, moved that this Motion be RE-REFERRED to the Rules Committee. The motion FAILED by the following vote:

Ayes: Avalos, Campos, Kim, Mar

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

Motion No. M13-070 APPROVED by the following vote:

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

Noes: Avalos, Campos, Mar

130410 [Appointments, Pedestrian Safety Advisory Committee - Pi Ra and Rebecca Hogue] Motion appointing Pi Ra and Rebecca Hogue, terms ending March 28, 2015, to the Pedestrian Safety Advisory Committee. (Clerk of the Board) Motion No. M13-071 APPROVED by the following vote:

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

Noes: None

130475 [Final Map 7424 - 3500-19th Street] Motion approving Final Map 7424, a 17 residential unit and two commercial unit, mixed-use condominium project, located at 3500-19th Street being a subdivision of Assessor’s Block No. 3588, Lot No. 012, and adopting findings pursuant to the General Plan and City Planning Code, Section 101.1. (Public Works Department) Motion No. M13-073 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