Board of Supervisors Minutes: July 9, 2013

Lack of adequate lighting infrastructure has contributed to a number of public safety problems including: car break-ins, illegal dumping, and graffiti. Additionally, the overlapping jurisdictions of local, State, and private entities that permit and install lighting leads to inefficient, confusing, and redundant processes for neighbors and my office who are looking to make improvements. What can you commit to doing as Mayor to prioritize and speed up the permitting, funding, and installation of new lighting infrastructure in these neighborhoods? Would you support efforts by the City to install lighting improvements on property that is owned by Caltrans (on and under the freeway overpasses) or on streets that are unaccepted? (Supervisor Cohen, District 10) Mayor Edwin Lee addressed the Board of Supervisors and discussed the above referenced question. Supervisor Avalos, seconded by Supervisor Campos, moved to allow an eligible Supervisor the opportunity to ask a question related to a sudden or unexpected incident or occurrence raising formal, time-sensitive policy questions that members could not have anticipated prior to the posting deadline. The motion passed by the following vote:

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

130641 [Appointments, Citizen's Advisory Committee for the Central Market Street and Tenderloin Area - Peter Masiak, Steven Suzuki, Brad Paul, Julian Dash, Jeff Kositsky, Antoinetta III Stadlman, and Steven Tennis] Motion appointing Steven Suzuki, Brad Paul (residency requirement waived), Antoinetta III Stadlman, terms ending August 2, 2015, and Peter Masiak, Julian Dash, Jeff Kositsky, Steven Tennis, terms ending August 2, 2017, to the Citizen's Advisory Committee for the Central Market Street and Tenderloin Area. (Clerk of the Board) Motion No. M13-085 APPROVED The foregoing items were acted upon by the following vote:

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

130458 [Redevelopment Plan Amendment - Mission Bay South] Sponsor: Mayor Ordinance 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). Privilege of the floor was granted to Jon Givner (City Attorney's Office) who responded to questions raised throughout the discussion. Ordinance No. 143-13 FINALLY PASSED by the following vote:

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

130658 [Restated Option Agreement - Sale of Surplus Real Property in Mountain View to MV Urban Village Homes, LLC - $8,100,000] Sponsor: Mayor Resolution approving a Restated Option Agreement for the sale of surplus lands under the jurisdiction of the San Francisco Public Utilities Commission (SFPUC) located in Mountain View, Santa Clara County, California near the intersection of Whisman and Tyrella Avenues, to MV Urban Village Homes, LLC, a California limited liability company (Optionee), a joint venture between KMJ Urban Communities, LLC (KMJ), and SummerHill Homes, LLC (SummerHill) in the amount of $8,100,000, and reserving an easement to the SFPUC; authorizing the Director of Property or the SFPUC’s General Manager to execute documents, make modifications, and take actions in furtherance of this Resolution; and adopting findings that the transactions contemplated by the Restated Option Agreement are consistent with the City’s General Plan and with the Eight Priority Policies of City Planning Code, Section 101.1. Resolution No. 232-13 ADOPTED by the following vote:

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

121019 [Administrative Code - California Environmental Quality Act Procedures, Appeals, and Public Notice Requirements] Sponsors: Wiener; Chiu, Kim, Cohen and Mar Ordinance amending Administrative Code, Chapter 31, to reflect revisions in the California Environmental Quality Act and to update and clarify certain procedures provided for in Chapter 31, including without limitation: codifying procedures for appeals of exemptions and negative declarations; revising noticing procedures for environmental impact reports and negative declarations for plan area projects exceeding 20 acres; expanding noticing requirements for certain exempt projects; clarifying existing noticing requirements for exempt projects; and making environmental findings. Supervisor Wiener, seconded by Supervisor Kim, moved that this Ordinance be CONTINUED ON FIRST READING to July 16, 2013. The motion carried by the following vote:

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

[Administrative Code - California Environmental Quality Act Procedures, Appeals, and Public Notice Requirements] Sponsors: Kim; Campos, Avalos, Mar and Yee Ordinance amending Administrative Code, Chapter 31, to provide for appeals under the California Environmental Quality Act to the Board of Supervisors of environmental impact reports, negative declarations, exemption determinations, and determinations on modified projects; to clarify and update existing Chapter 31 procedures, including without limitation: to provide for the Planning Department or Planning Commission to approve all exemption determinations; to require the Planning Department to establish an electronic notification system; to expand noticing of exempt projects; to require new noticing when filing notices of exemption and notices of determination; to revise noticing of negative declarations and environmental impact reports for plans of 20 acres or more; to provide an expanded role for the Historic Preservation Commission; and making environmental findings. Supervisor Wiener, seconded by Supervisor Kim, moved that this Ordinance be CONTINUED ON FIRST READING to July 16, 2013. The motion carried by the following vote:

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

130038 [Appropriating $1,500,000 for the San Francisco Unified School District - FY2012-2013] Sponsors: Mayor; Mar Ordinance appropriating $1,500,000 from the Rainy Day Fund for the San Francisco Unified School District for FY2012-2013. (Fiscal Impact) Supervisor Mar requested to be added as a co-sponsor. PASSED, ON FIRST READING by the following vote:

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

130535 [Proposed Budget and Annual Appropriation Ordinance - FYs 2013-2014 and 2014-2015] Sponsor: Mayor 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 July 11, 2013, for the FYs ending June 30, 2014, and June 30, 2015. Supervisor Mar, seconded by Supervisor Breed, moved that this Ordinance be CONTINUED ON FIRST READING to July 16, 2013. The motion carried by the following vote:

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

130536 [Annual Salary Ordinance - FYs 2013-2014 and 2014-2015] Sponsor: Mayor 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. Supervisor Mar, seconded by Supervisor Breed, moved that this Ordinance be CONTINUED ON FIRST READING to July 16, 2013. The motion carried by the following vote:

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

130555 [Treasure Island Development Authority Budget - FYs 2013-2014 and 2014-2015] Sponsor: Mayor Resolution approving the Budget of the Treasure Island Development Authority for FYs 2013-2014 and 2014-2015. Supervisor Mar, seconded by Supervisor Breed, moved that this Resolution be CONTINUED to July 16, 2013. The motion carried by the following vote:

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

130556 [Office of Community Investment and Infrastructure Budget - FY2013-2014 - Not to Exceed $58,600,000] Sponsor: Mayor Resolution approving the FY2013-2014 Budget of the Office of Community Investment and Infrastructure (OCII), operating as the Successor Agency to the San Francisco Redevelopment Agency; and approving the Issuance by OCII of Bonds in an aggregate principal amount not to exceed $58,600,000 for the purpose of financing a portion of enforceable obligations. Supervisor Mar, seconded by Supervisor Breed, moved that this Resolution be CONTINUED to July 16, 2013. The motion carried by the following vote:

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

130557 [Proposition J Contract/Certification of Specified Contracted-Out Services Previously Approved] Sponsor: Mayor Resolution concurring with the Controller's certification that services previously approved can be performed by private contractor for a lower cost than similar work performed by City and County employees for the following services: Budget Analyst (Board of Supervisors); assembly of vote-by-mail envelopes (Department of Elections); LGBT Anti-Violence Education and Outreach Program (District Attorney); central shops security; citywide custodial services (excluding City Hall); convention facilities management, and security services (General Services Agency-City Administrator); security services-1680 Mission Street, and security services-30 Van Ness Avenue (General Services Agency-Public Works); mainframe system support (General Services Agency-Technology); security services (Human Services Agency); and food services for jail inmates (Sheriff). Supervisor Mar, seconded by Supervisor Breed, moved that this Resolution be CONTINUED to July 16, 2013. The motion carried by the following vote:

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

130613 [Appropriation and De-Appropriation - $720,626 to Sheriff for Overtime - FY2012-2013] Sponsor: Mayor Ordinance appropriating $720,626 to overtime and de-appropriating $720,626 in permanent salaries in the Sheriff Department’s work orders/overhead budget in order to support the Department’s projected increases in overtime as required per Ordinance No. 194-11, this Ordinance requires a two-thirds vote of all members of the Board of Supervisors for approval for $720,626 of this request. PASSED, ON FIRST READING by the following vote:

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

130614 [Appropriation and De-Appropriation - $446,354 to Fire Department for Overtime - FY2012-2013] Sponsor: Mayor Ordinance appropriating $446,354 to overtime and de-appropriating $446,354 consisting of $359,227 in permanent salaries and $87,127 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. PASSED, ON FIRST READING by the following vote:

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

130615 [Accept and Expend Grant - National Science Foundation and Amendment to the Annual Salary Ordinance, FY2012-2013 - $257,744] Sponsor: Mayor Ordinance authorizing the Department of Technology to retroactively accept and expend a grant in the amount of $257,744 from the National Science Foundation for Intergovernmental Personnel Act assignment and amending Ordinance No. 165-12 (Annual Salary Ordinance, FY2012-2013) to reflect the addition of one 1381 Special Assistant XXII position at the Department of Technology. PASSED, ON FIRST READING by the following vote:

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

130583 [Memorandum of Understanding - Service Employees International Union, Local 1021, Staff & Per Diem Nurses - FY2013-2014] Sponsor: Mayor Ordinance adopting and implementing Amendment No. 1 to the 2012-2014 Memorandum of Understanding between the City and County of San Francisco and the Service Employees International Union, Local 1021, Staff & Per Diem Nurses, by implementing specified terms and conditions of employment for FY2013-2014. PASSED, ON FIRST READING by the following vote:

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

130586 [Administrative Code - Film Rebate Program] Sponsors: Farrell; Campos Ordinance amending the Administrative Code to allow the Director of Property of the Department of Real Estate, in consultation with the Executive Director of the Film Commission, to lease property and sublease such property to film companies for film-related activities; to expand the production costs eligible for the Film Rebate Program to include rent payments for such property; and making environmental findings. Supervisor Campos requested to be added as a co-sponsor. PASSED, ON FIRST READING by the following vote:

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

130592 [Issuance of Tax-Exempt Obligations - Town School for Boys - Not to Exceed $19,000,000] Sponsor: Farrell Resolution approving, in accordance with Section 147(f) of the Internal Revenue Code, the issuance of one or more tax-exempt revenue obligations by the California Statewide Communities Development Authority in an aggregate principal amount not to exceed $19,000,000 to finance various capital facilities owned or operated by the Town School for Boys as heard on May 30, 2013, at the Office of Public Finance. Resolution No. 229-13 ADOPTED by the following vote:

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

130263 [Planning Code - Castro Street Neighborhood Commercial District Use Size Limits] Sponsors: Wiener; Campos Ordinance amending the Planning Code, Sections 121.2 and 715.1, the Castro Street Neighborhood Commercial District controls, to allow a neighborhood-serving nonprofit institution to exceed the use size limits with a Conditional Use Authorization; 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. Supervisor Campos requested to be added as a co-sponsor. PASSED, ON FIRST READING by the following vote:

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

130369 [Building, Health, Public Works Codes - Soil and/or Groundwater Testing Requirements] Sponsor: Mayor Ordinance amending the Building and Health Codes to expand the boundaries and types of projects for which soil testing is required and to require testing of groundwater under specified circumstances; amending the Public Works Code to eliminate soil testing provisions; renumbering code sections in the Health Code; and making environmental findings. PASSED, ON FIRST READING by the following vote:

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

130300 [Administrative Code - Child Care Centers for City and City-Funded Projects; Feasibility Studies] Sponsors: Yee; Mar Ordinance amending the Administrative Code to transfer responsibility for Child Care Feasibility Studies from the Department of Children, Youth and Their Families to the Office of Early Care and Education in the Human Services Agency, and the Child Care Facilities Interagency Committee; and making environmental findings. Supervisor Mar requested to be added as a co-sponsor. PASSED, ON FIRST READING by the following vote:

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

130477 [Liquor License - 10-16 California Street] Resolution determining that the issuance of Type 48 on-sale general public premises license to Dennis Leary for Alcyone, LLC, dba Café Terminus, located at 10-16 California Street (District 3), 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. 228-13 ADOPTED by the following vote:

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

130225 [Administrative Code - Bayview Hunters Point Citizens Advisory Committee] Sponsors: Cohen; Campos Ordinance amending the Administrative Code to establish the Bayview Hunters Point Citizens Advisory Committee to provide policy advice to the City and County of San Francisco on planning and land use matters for Zone 2 of the Bayview Hunters Point Redevelopment Project Area. Supervisor Campos requested to be added as a co-sponsor. PASSED, ON FIRST READING by the following vote:

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

130413 [Municipal Elections Code - Publication of Legal Text of Proposed Measures] Sponsors: Chiu; Campos Ordinance amending the Municipal Elections Code to specify that the Voter Information Pamphlet will include a portion of the legal text of any initiative ordinance, declaration of policy or bond measure that exceeds 100 pages. Supervisor Campos requested to be added as a co-sponsor. PASSED, ON FIRST READING by the following vote:

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

Trust Fund disbursements to defray participating employer retiree health care costs until employer sub-trusts are fully funded; allow for disbursements from the City’s sub-trust if the City’s retiree health care costs are greater than ten percent (10%) of its total payroll costs even if the City’s sub-trust is not fully funded; permit modifications to these disbursement guidelines if recommended by the Controller after consultation with the City’s Governmental Accounting Standards Board actuary, and approved by the Mayor, two-thirds of the Board of Supervisors, and the Retiree Health Care Trust Fund Board; permit a participating employer to adopt disbursement guidelines if approved by a two-thirds vote of that participating employer’s governing board; and make the Controller, the City Treasurer, and the Executive Director of the San Francisco Employees’ Retirement System, or their designees, members of the Retiree Health Care Trust Fund Board. Supervisors Wiener, Tang, Yee, Breed, and Cohen requested to be added as co-sponsors. Supervisor Farrell, seconded by Supervisor Breed, moved that this Charter Amendment be CONTINUED to July 16, 2013. The motion carried by the following vote:

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

Supervisor Mar Excused from Voting Supervisor Campos, seconded by Supervisor Kim, moved that Supervisor Mar be excused from voting on File No. 130662. The motion carried by the following vote:

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

Excused: Mar

130662 [Reappointment, Association of Bay Area Governments Executive Board - Supervisor Eric Mar] Motion reappointing Supervisor Eric Mar to the Association of Bay Area Governments Executive Board, for a term ending June 30, 2015. (Clerk of the Board) Motion No. M13-086 APPROVED by the following vote:

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

Excused: Mar

City and County of San Francisco Page 450 Printed at 3:11 pm on 10/21/13 Board of Supervisors Meeting Minutes 7/9/2013 Supervisor Kim Excused from Voting Supervisor Breed, seconded by Supervisor Campos, moved that Supervisor Kim be excused from voting on File No. 130663. The motion carried by the following vote:

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

Excused: Kim

130663 [Appointment, Association of Bay Area Governments Executive Board - Supervisor Jane Kim] Motion appointing Supervisor Jane Kim to the Association of Bay Area Governments Executive Board, for a term ending June 30, 2015. (Clerk of the Board) Motion No. M13-087 APPROVED by the following vote:

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

Excused: Kim

s seismic upgrade of the Aronson Building and new construction of a 47-story, 550'-tall tower with up to 215 residential units and a museum (the future home of The Mexican Museum) adjacent to Aronson Building and located partially within the new Montgomery-Mission-Second Street Conservation District. The project would also reconfigure portions of the existing Jessie Square Garage to increase the number of parking spaces from 442 spaces to 470 spaces, add loading and service vehicle spaces, and would allocate up to 215 parking spaces within the garage to serve the proposed residential uses for the property located at 706 Mission Street (Assessor's Block No. 3706, Lot Nos. 093, 275, and portions of Lot No. 277), within the C-3-R (Downtown Office) District and the 400-I Height and Bulk District. (District 6) (Appellants: Thomas N. Lippe on behalf of 765 Market Street Residential Owner's Association, Friends of Yerba Buena, Paul Sedway, Ron Wornick, Matthew Schoenberg, Joe Fang, and Margaret Collins) (Filed June 13, 2013). (Clerk of the Board) Supervisor Kim, seconded by Supervisor Farrell, moved that this Hearing be CONTINUED to July 23, 2013. The motion carried by the following vote:

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

130665 [Affirming Approval of a Major Permit to Alter - 706 Mission Street] Motion affirming the approval by the Historic Preservation Commission of a Major Permit to Alter to allow the interior and exterior rehabilitation of the Aronson Building at 706 Mission Street and related new construction. (Clerk of the Board) Supervisor Kim, seconded by Supervisor Farrell, moved that this Motion be CONTINUED to July 23, 2013. The motion carried by the following vote:

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

130666 [Reversing Approval of a Major Permit to Alter - 706 Mission Street] Motion reversing the approval by the Historic Preservation Commission of a Major Permit to Alter to allow the interior and exterior rehabilitation of the Aronson Building at 706 Mission Street and related new construction. (Clerk of the Board) Supervisor Kim, seconded by Supervisor Farrell, moved that this Motion be CONTINUED to July 23, 2013. The motion carried by the following vote:

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

130667 [Preparation of Findings to Reverse Approval of a Major Permit to Alter - 706 Mission Street] Motion directing the Clerk of the Board to prepare findings to reverse the approval by the Historic Preservation Commission of a Major Permit to Alter to allow the interior and exterior rehabilitation of the Aronson Building at 706 Mission Street and related new construction. (Clerk of the Board) Supervisor Kim, seconded by Supervisor Farrell, moved that this Motion be CONTINUED to July 23, 2013. The motion carried by the following vote:

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

130579 [Final Map 7279 - 1285 Sutter Street] Motion approving Final Map 7279, a Four Lot Airspace Subdivision, 107 Residential Unit, Four Commercial Unit, and a Mixed-Use Condominium Project, located at 1285 Sutter Street being a subdivision of Assessor’s Block No. 0691, Lot No. 008, and adopting findings pursuant to the General Plan and City Planning Code, Section 101.1. (Public Works Department) Motion No. M13-088 APPROVED The foregoing items were acted upon by the following vote:

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

130681 [Marina Yacht Harbor Reopening] Sponsor: Farrell Resolution recognizing the grand reopening of the Marina Yacht Harbor and commending Recreation and Parks, the California Department of Boating and Waterways, San Francisco Marina Harbor Association, St. Francis Yacht Club, Golden Gate Yacht Club, and the entire project team, for their hard work and commitment to San Francisco’s parks and its residents. Resolution No. 234-13 ADOPTED by the following vote:

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