Board of Supervisors Minutes: June 11, 2013

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. Ordinance No. 110-13 FINALLY PASSED The foregoing items were acted upon by the following vote:

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

Noes: None

120488 [Environment Code - Bottle Filling Stations] Sponsors: Chiu; Mar 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. Ordinance No. 109-13 FINALLY PASSED by the following vote:

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

Noes: None

130483 [Appropriation - Water Revenue Bonds for the Public Utilities Commission Calaveras Dam Project - $55,064,799; and Re-Appropriation - Water System Improvement Projects - $77,271,24 - FY2012-2013] Sponsor: Mayor Ordinance appropriating $55,064,799 of proceeds from San Francisco Public Utilities Commission (SFPUC) Water Revenue Bonds to fund the Water System Improvement Program (WSIP) Calaveras Dam Project and re-appropriating $77,271,241 of WSIP Project appropriations to various WSIP Projects consistent with the revised April 2013 WSIP Program Budget adopted by the SFPUC. (Fiscal Impact) PASSED, ON FIRST READING by the following vote:

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

Noes: None

121186 [Feeder Agreement - BART] Resolution retroactively approving the Feeder Agreement between the City and County of San Francisco and the Bay Area Rapid Transit District for payment for transfer trips, with a term from July 1, 2010, to June 30, 2020. (Municipal Transportation Agency) Resolution No. 182-13 ADOPTED by the following vote:

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

Noes: None

121187 [Agreement - Use of Fast Pass® on BART] Resolution retroactively approving the Special Transit Fare (Fast Pass®) Agreement between the City and County of San Francisco and the Bay Area Rapid Transit District, with a term from January 1, 2010, to June 30, 2014. (Municipal Transportation Agency) Resolution No. 183-13 ADOPTED by the following vote:

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

Noes: None

130404 [Agreements - Specialized and Technical Services for Natural Resources and Watershed Management and Monitoring - Not to Exceed $5,000,000 Each] Resolution authorizing the General Manager of the Public Utilities Commission to execute Agreements with CDM Smith/ATS, a Joint Venture (CS-211A); ICF+Avila, a Joint Venture (CS-211B); Shaw Environmental and Infrastructure, Inc. (CS-211C); and URS Corporation (CS-211D) for Specialized and Technical Services for Natural Resources and Watershed Management and Monitoring, each with an agreement amount not to exceed $5,000,000 and each with a term not to exceed 14 years pursuant to Charter, Section 9.118(b). (Public Utilities Commission) Resolution No. 188-13 ADOPTED by the following vote:

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

Noes: None

130487 [Real Property Lease - 1145 Market Street - San Francisco Law Library - $42,753.75 Per Month] Sponsor: Mayor Resolution authorizing a potential five-year lease of up to 20,000 sq. ft. at 1145 Market Street for space for the San Francisco Law Library from 1145 Market Street, LP, a California limited partnership, at an initial monthly cost of $42,753.75 for the period of July 1, 2013, through June 30, 2014. (Fiscal Impact) Resolution No. 196-13 ADOPTED by the following vote:

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

Noes: None

130466 [Real Property Lease - 1145 Market Street - Health Service System - $743,280 Annually] Sponsor: Mayor Resolution authorizing a 10-year lease of 19,560 sq. ft. at 1145 Market Street for office space for the Health Service System from 1145 Market Street, LP, for an initial annual rent of $743,280. Resolution No. 191-13 ADOPTED by the following vote:

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

Noes: None

130468 [Real Property Lease Amendment - PROXYdevelopment, LLC - Revised Monthly Base Rent to $7,200] Sponsor: Breed Resolution approving the execution of a lease amendment for a portion of property commonly known as Assessor's Block No. 0817, Lot No. 30 (Parcel K), by and between the City and County of San Francisco and PROXYdevelopment, LLC, for an extended term through January 31, 2021, and a revised monthly base rent of $7,200 effective June 1, 2015. Resolution No. 192-13 ADOPTED by the following vote:

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

Noes: None

130425 [Accept and Expend Grant - Friends of San Francisco Public Library - Up to $750,000] Sponsor: Mayor Resolution authorizing the Department of Public Library to retroactively accept and expend a grant in the amount of up to $750,000 of in-kind gifts, services, and cash monies from the Friends of the San Francisco Public Library for direct support for a variety of public programs and services for the period of July 1, 2012, through June 30, 2013. Resolution No. 189-13 ADOPTED by the following vote:

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

Noes: None

130469 [Accept and Expend Gift - EcoCenter - $20,000] Sponsor: Kim Resolution authorizing the Department of the Environment to retroactively accept and expend a gift in the amount of $20,000 from CH2MHill to build out the Department of the Environment’s EcoCenter at 1455 Market Street for an unspecified period starting February 1, 2013. Supervisor Kim, seconded by Supervisor Campos, moved that this Resolution be AMENDED on Page 1, Line 3, by deleting 'retroactively'; and on Page 1, Line 6, by changing 'February 1, 2013' to 'July 1, 2013'. The motion carried by the following vote:

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

Noes: None

Resolution authorizing the Department of the Environment to accept and expend a gift in the amount of $20,000 from CH2MHill to build out the Department of the Environment’s EcoCenter at 1455 Market Street for an unspecified period starting July 1, 2013. Resolution No. 193-13 ADOPTED AS AMENDED by the following vote:

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

Noes: None

130471 [SOMA Community Stabilization Fund Program - $300,000] Sponsors: Kim; Campos Resolution authorizing the 2013 South of Market Community Stabilization Fund Program and authorizing the Mayor's Office of Housing to expend SOMA Community Stabilization Fund dollars in the amount of $300,000. Supervisor Campos requested to be added as a co-sponsor. Resolution No. 194-13 ADOPTED by the following vote:

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

Noes: None

130473 [Emergency Contract - Laguna Honda Hospital Cart Wash - Not to Exceed $328,644] Sponsor: Yee Resolution approving funding increase for an emergency public work contract under Administrative Code, Section 6.60, to repair a kitchen cart wash leak and related mold abatement at Laguna Honda Hospital in an amount not to exceed $328,644. Resolution No. 195-13 ADOPTED by the following vote:

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

Noes: None

130489 [Apply for, Accept, and Expend Grant - HOME Program - FY2013-2014 - $4,113,152] Sponsor: Mayor Resolution approving the FY2013-2014 HOME Investment Partnership (HOME) Program and authorizing the Mayor, on behalf of the City and County of San Francisco, to apply for, accept, and expend the City’s FY2013-2014 HOME Program entitlement from the U.S. Department of Housing and Urban Development in the amount of $4,083,152 and to expend program income in the amount of $30,000 for the period of July 1, 2013, through June 30, 2018. (Fiscal Impact) Resolution No. 197-13 ADOPTED by the following vote:

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

Noes: None

130490 [Apply for, Accept, and Expend Grant - Emergency Solutions Grants Program - FY2013-2014 - $1,182,146] Sponsor: Mayor Resolution approving the Emergency Solutions Grants Program and authorizing the Mayor, on behalf of the City and County of San Francisco, to apply for, accept, and expend the City’s FY2013-2014 Emergency Solutions Grants Program entitlement in the amount of $1,182,146 from the U.S. Department of Housing and Urban Development for an unspecified period starting July 1, 2013. Resolution No. 198-13 ADOPTED by the following vote:

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

Noes: None

130491 [Apply for, Accept, and Expend Grant - Housing Opportunities for Persons with AIDS Program - FY2013-2014 - $11,179,285] Sponsor: Mayor Resolution approving the Housing Opportunities for Persons with AIDS (HOPWA) Program and authorizing the Mayor, on behalf of the City and County of San Francisco, to apply for, accept, and expend the City’s FY2013-2014 HOPWA Program entitlement from the U.S. Department of Housing and Urban Development in the amount of $8,633,125 and to expend program income and reprogrammed funds in the amount of $2,546,160 for the period of July 1, 2013, through June 30, 2018. Resolution No. 199-13 ADOPTED by the following vote:

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

Noes: None

130492 [Apply for, Accept, and Expend Grant - Community Development Block Grant - FY2013-2014 - $24,094,211] Sponsor: Mayor Resolution approving the Community Development Block Grant (CDBG) Program authorizing the Mayor, on behalf of the City and County of San Francisco, to apply for, accept, and expend the City’s FY2013-2014 CDBG Program entitlement from the U.S. Department of Housing and Urban Development in the amount of $17,155,981 and to expend program income and reprogrammed funds in the amount of $6,938,230 for a combined total of $24,094,211 for a period beginning July 1, 2013, without an expiration date. Resolution No. 200-13 ADOPTED by the following vote:

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

Noes: None

130495 [Term Sheet Endorsement - Forest City Development - Development of Pier 70 Waterfront Site - Fiscal Feasibility] Sponsors: Mayor; Cohen Resolution finding the proposed development of the Pier 70 Waterfront Site, an approximately 28-acre site located in the southeast corner of Pier 70, fiscally feasible under Administrative Code, Chapter 29, and endorsing the Term Sheet between Forest City Development California, Inc., a California corporation, and the Port Commission. (Fiscal Impact) Privilege of the floor was granted to Brad Benson (Port) who responded to questions raised throughout the discussion and provided an updated Term Sheet. Supervisor Cohen, seconded by Supervisor Breed, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING SAME TITLE. The motion carried by the following vote:

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

Noes: None

The amendments to the accompanying Term Sheet, as provided by the Port, included in File No. 130495, were received without objection. Resolution No. 201-13 ADOPTED AS AMENDED, after accepting the amendments to the accompanying Term Sheet, by the following vote:

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

Noes: None

130499 [Accept and Expend Grant - San Francisco Parks Alliance - Carl Larsen Park - $225,000] Sponsor: Tang Resolution authorizing the Recreation and Park Department to retroactively accept and expend a grant of $225,000 from the San Francisco Parks Alliance for the renovation of the playground in Carl Larsen Park, for the period of June 1, 2013, through October 1, 2013. Resolution No. 202-13 ADOPTED by the following vote:

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

Noes: None

130362 [Lease Extension Agreement - 711 Van Ness Avenue - Emergency Management and Assessor-Recorder - 14.5 Months for $17,996.67 Per Month] Resolution authorizing a 14.5 month extension of the Lease with SFOC, LLC, of 9,800 sq. ft. at 711 Van Ness Avenue, for a total lease term of 35 months with a base rent of $17,966.67 per month, for the Department of Emergency Management and the Office of the Assessor-Recorder for the period of April 14, 2014, through June 30, 2015. (Real Estate Department) (Fiscal Impact) Resolution No. 186-13 ADOPTED by the following vote:

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

Noes: None

130393 [Professional Services Agreement - Parsons Transportation Group, Inc., The Allen Group, LLC, and EPC Consultants, Inc. - Program Management Support Services for the Terminal 1/Boarding Area B Redevelopment Program - Not to Exceed $32,000,000] Resolution approving Professional Services Agreement, Airport Contract 9185.9, Program Management Support Services for the San Francisco International Airport, Terminal 1/Boarding Area B Redevelopment Program between T1 Partners, a Joint Venture of Parsons Transportation Group, Inc., The Allen Group, LLC, and EPC Consultants, Inc., and the City and County of San Francisco, acting by and through its Airport Commission, in the not to exceed amount of $4,453,178 for the first year of services; this is a multi-year, multi-phased program with an estimated total contract value in the not to exceed amount of $32,000,000 pursuant to Charter, Section 9.118(b). (Airport Commission) Resolution No. 187-13 ADOPTED by the following vote:

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

Noes: None

130427 [New Market Tax Credit Program - Continuation] Sponsors: Mayor; Breed Resolution approving the continuation of the New Market Tax Credit Program, established by the former Redevelopment Agency of the City and County of San Francisco, revisions to the Bylaws of the San Francisco Community Investment Fund, and contributions of City staff under a Cooperative Agreement, and authorizing the San Francisco Community Investment Fund to enter into contracts to implement New Market Tax Credit Program at no cost to the City’s General Fund. Resolution No. 190-13 ADOPTED by the following vote:

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

Noes: None

130500 [Emergency Contract - Water and Sewer Pipelines - Vicinity of 15th Avenue and Wawona Street - Not to Exceed $1,450,000] Sponsor: Yee Resolution approving an emergency public work contract for the Public Utilities Commission under Administrative Code, Section 6.60, to replace the water and sewer pipelines in the vicinity of 15th Avenue and Wawona Street with a contract amount not to exceed $1,450,000. (Fiscal Impact) Resolution No. 169-13 ADOPTED by the following vote:

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 seven 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.) Privilege of the floor was granted to John Malamut, Deputy City Attorney, who responded to questions raised throughout the discussion. Supervisor Chiu, seconded by Supervisor Yee, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE. The motion carried by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Kim, Mar, Yee

Noes: Farrell, Tang, Wiener

Ordinance amending the Subdivision Code, by adding Section 1396.4, to adopt a condominium conversion fee applicable to certain buildings that would be permitted to convert during a seven 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 provide an exception for certain five- and six-unit buildings to participate in the lottery; and adopting environmental findings. (Economic Impact) Supervisor Breed, seconded by Supervisor Wiener, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE. The motion FAILED by the following vote:

Ayes: Breed, Cohen, Farrell, Tang, Wiener

Noes: Avalos, Campos, Chiu, Kim, Mar, Yee

PASSED ON FIRST READING AS AMENDED by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Kim, Mar, Yee

Noes: Farrell, Tang, Wiener

130251 [Public Works Code - Public Improvements as Gifts] Sponsors: Wiener; Yee Ordinance amending the Public Works Code, by adding Section 791, to allow the Director of the Department of Public Works, subject to specified requirements, to accept certain public improvements as public gifts and dedicate such improvements to public use; 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

130252 [Administrative Code - Street Design Review Committee] Sponsors: Wiener; Yee Ordinance amending the Administrative Code to establish a Street Design Review Committee. PASSED, ON FIRST READING by the following vote:

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

Noes: None

130253 [Fire Code - Fire Apparatus Access Roads] Sponsors: Wiener; Yee Ordinance amending the Fire Code, Chapter 5, Section 503.4, to clarify what does not constitute an obstruction of a Fire Apparatus Access Road. PASSED, ON FIRST READING by the following vote:

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

Noes: None

130255 [Urging the Public Utilities Commission, Department of Public Works, Municipal Transportation Agency, and Planning Department to Ensure the Coordination of Street, Transit, and Utility Infrastructure] Sponsors: Wiener; Yee Resolution urging the Public Utilities Commission, Department of Public Works, Municipal Transportation Agency, and Planning Department to develop a clear policy for reviewing street improvement projects that overlap the jurisdiction of various agencies and for those agencies to expeditiously modernize codes, standards, regulations, and other guidelines to ensure that the City’s collective public policy interests are advanced. Resolution No. 184-13 ADOPTED by the following vote:

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

Noes: None

130256 [Urging the California State Legislature to Adopt Legislation Allowing Local Jurisdictions Greater Flexibility to Amend the Fire Code] Sponsors: Wiener; Yee Resolution urging the California State Legislature to adopt legislation allowing local jurisdictions flexibility to amend local fire code street width standards in order to maximize pedestrian and bicyclist safety goals. Resolution No. 185-13 ADOPTED by the following vote:

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

Noes: None

130480 [Subdivision Code - Condominium Conversion Impact 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 seven 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) Privilege of the floor was granted to John Malamut, Deputy City Attorney, who responded to questions raised throughout the discussion. Supervisor Breed, seconded by Supervisor Wiener, moved that this Ordinance be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE. The motion FAILED by the following vote:

Ayes: Breed, Cohen, Farrell, Tang, Wiener

Noes: Avalos, Campos, Chiu, Kim, Mar, Yee

NOT PASSED ON FIRST READING by the following vote:

Ayes: Breed, Farrell, Tang, Wiener

Noes: Avalos, Campos, Chiu, Cohen, Kim, Mar, Yee

130595 [Committee of the Whole - Elimination and/or Reduction of Medical Services (Beilenson) - FYs 2013-2014 and 2014-2015] Sponsor: Farrell Motion scheduling the Board of Supervisors to sit as a Committee of the Whole on June 18, 2013, at 3:00 p.m., to consider the budget eliminating and/or reducing medical services provided by the Department of Public Health in the City and County of San Francisco for FYs 2013-2014 and 2014-2015, pursuant to the Beilenson Act, Health and Safety Code, Section 1442.5(a). Motion No. M13-075 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

130588 [Urging the San Francisco Housing Authority Commission to Move and Video Record Meetings] Sponsors: Campos; Avalos, Chiu, Kim and Wiener Resolution urging the San Francisco Housing Authority Commission to move its meetings to City Hall, video record its meetings, and make all video recordings publicly accessible on its website. REFERRED to the Neighborhood Services and Safety Committee Supervisor Chiu requested that File No. 130593 be severed so that it may be considered separately. City and County of San Francisco Page 376 Printed at 1:46 pm on 10/21/13 Board of Supervisors Meeting Minutes 6/11/2013 Supervisor Farrell Excused from Voting Supervisor Campos, seconded by Supervisor Kim, moved that Supervisor Farrell be excused from voting on File No. 130593. The motion carried by the following vote:

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

Noes: None

Excused: Farrell

130593 [Designation - League of California Cities Voting Delegate and Alternate - Supervisor Mark Farrell and Treasurer-Tax Collector Jose Cisneros] Sponsor: Farrell Resolution designating Supervisor Mark Farrell as the League of California Cities voting delegate, and Treasurer-Tax Collector José Cisneros as the League of California Cities alternate voting delegate. The President inquired as to whether any member of the public wished to address the Board relating to File No. 130593. There were no speakers. The President declared public comment closed. Resolution No. 205-13 ADOPTED by the following vote:

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

Noes: None

Excused: Farrell