Board of Supervisors Minutes: June 18, 2013

130452 [Settlement of Claim - Sharon Prieto - $40,000] Resolution approving the proposed settlement of claim by Sharon Prieto against the City and County of San Francisco for $40,000; claim was filed on June 11, 2012, bearing Claim No. 12-02916. (City Attorney's Office) Resolution No. 210-13 ADOPTED The foregoing items were acted upon by the following vote:

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

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) PASSED, ON FIRST READING by the following vote:

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

120669 [Subdivision Code - Condominium Conversion Fee] Sponsors: Chiu; Kim, Yee and Campos 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 Campos requested to be added as a co-sponsor. Ordinance No. 117-13 FINALLY PASSED by the following vote:

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

Noes: Farrell, Tang, Wiener

130533 [Interim Proposed Budget and Interim Annual Appropriation Ordinance - FYs 2013-2014 and 2014-2015] Sponsor: Mayor Interim Proposed Budget and Annual Appropriation Ordinance appropriating all estimated receipts and all estimated expenditures for Departments of the City and County of San Francisco as of May 31, 2013, for the FYs ending June 30, 2014, and June 30, 2015. (Fiscal Impact) PASSED ON FIRST READING by the following vote:

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

130534 [Interim Annual Salary Ordinance - FYs 2013-2014 and 2014-2015] Sponsor: Mayor Interim Annual Salary Ordinance enumerating positions in the Annual Budget and Appropriation Ordinance for the FYs ending June 30, 2014, and June 30, 2015, continuing, creating, or establishing these positions; enumerating and including therein all positions created by Charter or State law for which compensations are paid from City and County funds and appropriated in the Annual Appropriation Ordinance; authorizing appointments or continuation of appointments thereto; specifying and fixing the compensations and work schedules thereof; and authorizing appointments to temporary positions and fixing compensations therefore. PASSED ON FIRST READING by the following vote:

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

130554 [Interim Treasure Island Development Authority Budget - FYs 2013-2014 and 2014-2015] Sponsor: Mayor Resolution approving the Interim Budget of the Treasure Island Development Authority for FYs 2013-2014 and 2014-2015. Resolution No. 211-13 ADOPTED by the following vote:

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

130564 [Interim Office of Community Investment and Infrastructure Budget - FY2013-2014] Sponsor: Mayor Resolution approving an Interim Budget of the Office of Community Investment and Infrastructure, operating as the Successor Agency to the San Francisco Redevelopment Agency, for FY2013-2014. Resolution No. 212-13 ADOPTED by the following vote:

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

130414 [Appropriation - $1,267,985 for the San Francisco Airport Commission - FY2013-2014] Sponsor: Mayor Ordinance appropriating amended estimated receipts and amended estimated expenditures of $1,267,985 for the San Francisco Airport Commission for the fiscal year ending June 30, 2014. PASSED, ON FIRST READING by the following vote:

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

130417 [Public Employment - Amendment to the Annual Salary Ordinance, FYs 2012-2013 and 2013-2014 - San Francisco Airport Commission] Sponsor: Mayor Ordinance amending Ordinance No. 165-12 (Annual Salary Ordinance FYs 2012-2013 and 2013-2014) to reflect the addition of 32 positions (27.17 FTEs) in various job classes and delete 11 positions (11 FTEs) in various job classes for FY2013-2014 in the San Francisco Airport Commission. PASSED, ON FIRST READING by the following vote:

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

130416 [Appropriation - $3,857,224 for the Port of San Francisco - FY2013-2014] Sponsor: Mayor Ordinance appropriating amended estimated receipts and amended estimated expenditures of $3,857,224 for the Port of San Francisco for the fiscal year ending June 30, 2014. PASSED, ON FIRST READING by the following vote:

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

130415 [Public Employment - Amendment to the Annual Salary Ordinance, FYs 2012-2013 and 2013-2014 - Port of San Francisco] Sponsor: Mayor Ordinance amending Ordinance No. 165-12 (Annual Salary Ordinance FYs 2012-2013 and 2013-2014) to reflect the addition of 7.0 positions (5.39 FTEs) in Class 9330 (3.85 FTEs, Pile Worker), 9331 (0.77 FTEs, Piledriver Engine Operator), and 9332 (.77 FTEs, Piledriver Supervisor I) in the Port of San Francisco in FY2013-2014. PASSED, ON FIRST READING by the following vote:

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

130423 [Accept and Expend Grant - 2011 Port Security Grant Program Funds for Portwide CCTV and Pier 80 Security Improvements - $1,322,753] Sponsors: Mayor; Cohen Resolution authorizing the Port to accept and expend $1,322,753 in 2011 Port Security Grant Program funds from the U.S. Department of Homeland Security’s Infrastructure Protection Program, including $919,243 for Portwide CCTV and $403,510 for Pier 80 security improvements, for the period of June 1, 2013, through June 30, 2013. Resolution No. 213-13 ADOPTED by the following vote:

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

130494 [Agreements - Amending State Contract Funds - Alcohol and Drug Programs - $69,008,529] Sponsor: Mayor Resolution retroactively authorizing the San Francisco Department of Public Health, Community Behavioral Services, to enter into an amended Combined Net Negotiated Amount and Drug Medi-Cal Agreement with the State of California Department of Alcohol and Drug Programs (DADP) for the term of July 1, 2010, through June 30, 2014, in the amount of $69,008,529; implementing a Contingency Assignment of Agreement from DADP to the Department of Health Care Services (DHCS) if the FY2013-2014 Budget Act is enacted to eliminate DADP and transfer the “Non Drug Medi-Cal” Program to DHCS; holding DADP harmless from any and all claims resulting from the agreement; authorizing and designating the DPH County Alcohol and Drug Administrator to sign said Agreement and to approve amendments for less than 10% of the contracted amount. (Fiscal Impact) Resolution No. 214-13 ADOPTED by the following vote:

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

120125 [Planning Code - Mobile Food Facilities at Certain Institutions in Specified Districts] Sponsor: Wiener Ordinance amending the Planning Code, Section 205.4, to allow mobile food facilities at certain types of institutions in RH (Residential House), RM (Residential Mixed), RED (Residential Enclave), and RTO (Residential Transit Oriented) Districts, subject to specified conditions; 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:

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

120193 [Public Works Code - Mobile Food Truck Facilities Locational Requirements] Sponsor: Wiener Ordinance amending the Public Works Code, Article 5.8, to address various locational and noticing requirements concerning mobile food facilities; and making environmental findings. PASSED, ON FIRST READING by the following vote:

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

121108 [Transportation Code - Selling or Distributing from a Vehicle Restrictions] Sponsor: Wiener Ordinance amending the Transportation Code, Division I, Article 7 (Violations), Section 7.2.82, to prohibit any person to park a mobile food facility vehicle in either a business district or a residential area and, from that vehicle, offer food or beverages for sale unless displaying a valid permit issued by the Department of Public Works, in a format and manner approved by the Municipal Transportation Agency. PASSED, ON FIRST READING by the following vote:

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

130296 [Improvements - Mission Bay South Park P10] Ordinance dedicating City property, within portions of State Trust Parcel 2, known as Mission Bay Park P10, lying along Mission Bay Circle and Mission Bay Drive as open public right-of-way and naming the new park Mission Bay Park P10; accepting the irrevocable offer for the acquisition facilities; designating said facilities for open space and park purposes; accepting the Park for maintenance and liability purposes, subject to specified limitations; adopting environmental findings and findings that such actions are consistent with the General Plan, priority policy findings of Planning Code, Section 101.1, and the Mission Bay South Redevelopment Plan; accepting a Department of Public Works Order; and authorizing official acts in connection with this Ordinance. (Public Works Department) PASSED, ON FIRST READING by the following vote:

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

130297 [Improvements - Mission Bay Drive Extension Public Infrastructure] Ordinance accepting the irrevocable offer of public infrastructure improvements associated with the Mission Bay Drive Extension, including acquisition facilities on Mission Bay Drive, Mission Bay Circle, and a portion of Owens Street; accepting additional property on a portion of Owens Street; declaring City property and additional property as shown on official Department of Public Works maps as open public right-of-way; dedicating such improvements for public use and designating such areas and improvements for street and roadway purposes; establishing street grades and sidewalk widths; accepting said facilities for City maintenance and liability purposes, subject to specified limitations; adopting environmental findings and findings that such actions are consistent with the General Plan, eight priority policy findings of Planning Code, Section 101.1, and the Mission Bay South Redevelopment Plan; accepting a Department of Public Works Order; and authorizing official acts in connection with this Ordinance. (Public Works Department) PASSED, ON FIRST READING by the following vote:

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

130247 [Liquor License - 2342 Market Street] Resolution considering that the issuance of a Type 48 on-sale general public premises license to Art Rodriguez and Associates for Deviate SF, Inc., dba Beaux, located at 2342-2348 Market Street (District 8), will serve the public convenience or 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. 215-13 ADOPTED by the following vote:

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

130307 [Liquor License Transfer - 1552 Polk Street] Resolution considering that the transfer of a Type 20 off-sale beer and wine license from 5621 Geary Boulevard to 1552 Polk Street (District 3), to Frank Slacik for Blue Fog Markets, LLC, dba the Blue Fog Market, will serve the public convenience or 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. 216-13 ADOPTED by the following vote:

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

130503 [Approving Appointment, Entertainment Commission - Barbara Seymour Campagnoli] Motion approving the Mayor’s nomination for appointment of Barbara Seymour Campagnoli to the Entertainment Commission, for a term ending July 1, 2014. (Clerk of the Board) Motion No. M13-076 APPROVED by the following vote:

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

130504 [Confirming Reappointment, Port Commission - Kimberly Brandon] Sponsor: Mayor Motion confirming the Mayor’s reappointment of Kimberly Brandon to the Port Commission, for a term ending May 1, 2017. Motion No. M13-077 APPROVED by the following vote:

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

130505 [Confirming Reappointment, Treasure Island Development Authority Board of Directors - Larry Del Carlo] Sponsor: Mayor Motion confirming the Mayor's reappointment of Larry Del Carlo to the Treasure Island Development Authority Board of Directors, for a term ending February 26, 2017. Motion No. M13-078 APPROVED by the following vote:

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

130501 [Administrative Code - Assessment Appeals Boards - Modify Board No. 3 Membership and Function; Procedural Revisions] Ordinance amending the Administrative Code, regarding Assessment Appeals Boards, to modify the structure of Assessment Appeals Board No. 3 to provide that the members of Board No. 3 are different than the members of Board No. 1; that the function of Board No. 3 is the same as Board No. 2; provide for staggered terms of initial Board No. 3 members; remove provisions regarding Board Members not meeting current State requirements; add a public comment timing option; and making nonsubstantive clarifying revisions. (Clerk of the Board) PASSED, ON FIRST READING by the following vote:

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

City and County of San Francisco Page 397 Printed at 2:23 pm on 10/21/13 Board of Supervisors Meeting Minutes 6/18/2013 Supervisor Cohen Excused from Voting Supervisor Mar, seconded by Supervisor Campos, moved that Supervisor Cohen be excused from voting on File No. 130519. The motion carried by the following vote:

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

Excused: Cohen

130519 [Appointment, Children and Families First Commission - Supervisor Malia Cohen] Motion appointing Supervisor Malia Cohen to the Children and Families First Commission, for an indefinite term. (Clerk of the Board) Motion No. M13-079 APPROVED by the following vote:

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

Excused: Cohen

130515 [Report of Assessment Costs - Sidewalk and Curb Repairs] Resolution approving report of assessment costs submitted by the Director of Public Works for sidewalk and curb repairs ordered to be performed by said Director pursuant to Public Works Code, Sections 707 and 707.1, the costs thereof having been paid for out of a revolving fund. (Public Works Department) Robert Quan (Department of Public Works) indicated that the following addresses be removed from the accompanying report due to recent receipt of payment: 1141 Plymouth Avenue; 2050 Van Ness Avenue; 1001-1005 Lincoln Way; 3814 Ulloa Street; 1932-1934 Jefferson; 1120 Diamond Street; 1567-42nd Avenue; 736 Kansas Street; 165-167 Roosevelt Way; 337-339 Mississippi Street; 2344-15th Street. The amendments to the accompanying report, as provided by the Department of Public Works, included in File No. 110216, were received without objection. Resolution No. 217-13 ADOPTED, after accepting the amendments to the accompanying report, by the following vote:

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

130630 [Committee of the Whole - Redevelopment Plan Amendment - Mission Bay South] Sponsor: Kim Motion scheduling the Board to sit as a Committee of the Whole on June 25, 2013, at 3:00 p.m., to hold a public hearing of persons interested in or objecting to the Ordinance (File No. 130458) approving an amendment to the Mission Bay South Redevelopment Plan, which modifies the land use designation for certain property to add residential as a permitted use and to increase the permitted residential density in the Plan Area, but does not increase the allocation of tax increment under a pre-existing enforceable obligation; making environmental findings under the California Environmental Quality Act; and making findings pursuant to the General Plan and Planning Code, Section 101.1(b). Motion No. M13-082 APPROVED The foregoing items were acted upon by the following vote:

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

130632 [Condemnation of the System of Sexual Enslavement During World War II] Sponsors: Kim; Cohen, Chiu, Mar, Yee, Avalos and Campos Resolution condemning recent statements by Osaka Mayor Toru Hashimoto claiming that the system of sex slavery utilized by Japan in occupied Asian countries from the 1930s through World War II was a military necessity and that there is no proof that the sexual servitude was involuntary and coerced by Japanese authorities. Supervisor Kim, seconded by Supervisor Mar, 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

Resolution No. 218-13 ADOPTED AS AMENDED by the following vote:

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