Board of Supervisors Minutes: July 16, 2013

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. Ordinance No. 158-13 FINALLY PASSED The foregoing items were acted upon by the following vote:

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

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. (Fiscal Impact) PASSED ON FIRST READING 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. PASSED ON FIRST READING 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. Resolution No. 236-13 ADOPTED 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. Resolution No. 237-13 ADOPTED 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). Resolution No. 238-13 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. Privilege of the floor was granted to Jon Givner (City Attorney's Office), who responded to questions raised throughout the discussion. Supervisor Chiu, seconded by Supervisor Kim, moved that this Ordinance 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

Supervisors Chiu, Kim, Cohen, and Mar requested to be added as co-sponsors. PASSED ON FIRST READING AS AMENDED by the following vote:

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

130248 [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 Kim, seconded by Supervisor Cohen, moved that this Ordinance be TABLED. The motion carried by the following vote:

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

Breed, Cohen, Campos and Mar Charter Amendment (Second Draft) to amend Charter, Sections 12.204 and A8.432, to limit Retiree Health Care 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 Campos and Mar requested to be added as co-sponsors. ORDERED SUBMITTED by the following vote:

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

130537 [Lease and Management Agreement - Botanical Garden Society - Waiving Fees - Botanical Garden at Strybing Arboretum in Golden Gate Park] Sponsor: Mayor Ordinance approving and authorizing a Lease and Management Agreement between the City and the San Francisco Botanical Garden Society for the San Francisco Botanical Garden at Strybing Arboretum in Golden Gate Park, with an initial term of 10 years with two 10-year extension options; waiving the non-resident admission fee in Park Code, Section 12.46(d) for certain persons and entities as set forth in the Lease and Management Agreement; ratifying prior acts in connection with this Ordinance; and making environmental findings. (Fiscal Impact) PASSED ON FIRST READING by the following vote:

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

Noes: Avalos, Campos, Mar

130538 [Administrative Code - Special Funds for Cultural, Arts, and Publicity Programs] Sponsor: Mayor Ordinance amending the Administrative Code to establish the Arts Commission Cultural Centers Fund and the City Administrator Grants for the Arts Fund; clarify provisions of the Convention Facilities Fund, War Memorial Special Fund, and Cultural Equity Endowment Fund; and conform other provisions of the Code to the new funding structure. PASSED, ON FIRST READING by the following vote:

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

130539 [Administrative Code - Library Fines and Fees] Sponsor: Mayor Ordinance amending the Administrative Code to reduce video and digital video disc fees and to increase fees for scanning of photographs at higher resolutions and reproduction of photographs for commercial purposes. PASSED, ON FIRST READING by the following vote:

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

130540 [Administrative Code - Surety Bonds and Bid Securities] Sponsor: Mayor Ordinance amending the Administrative Code to authorize the Controller to delegate to the Risk Manager authority to make certain decisions regarding the amount of surety bonds and the sufficiency and qualifications of sureties. PASSED, ON FIRST READING by the following vote:

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

130541 [Administrative, Business and Tax Regulation Codes - Controller’s Reports and Cash Reserve Fund] Sponsor: Mayor Ordinance amending the Administrative, Business and Tax Regulation Codes to modify when the Controller is required to issue various reports and conduct various program audits and repealing obsolete provisions regarding the cash reserve fund. PASSED, ON FIRST READING by the following vote:

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

130542 [Administrative Code - Public Administrator/Public Guardian Representative Payee Fee] Sponsor: Mayor Ordinance amending the Administrative Code to increase the monthly fee for representative payee services to $39 dollars per month; and making environmental findings. PASSED, ON FIRST READING by the following vote:

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

130543 [Administrative Code - Medical Examiner's Fees for Copies of Documents and Certain Services] Sponsor: Mayor Ordinance amending Administrative Code Section 8.14 to adjust the Office of the Chief Medical Examiner's fees for providing certain documents and services; to add a fee for a new service; to delete certain fees; and making environmental findings. PASSED, ON FIRST READING by the following vote:

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

130544 [Administrative Code - Library Gift Fund] Sponsor: Mayor Ordinance amending the Administrative Code to create a San Francisco Public Library gift fund. (Fiscal Impact) PASSED, ON FIRST READING by the following vote:

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

130545 [Business and Tax Regulation Code - Hotel Tax Allocations] Sponsor: Mayor Ordinance amending the Business and Tax Regulation Code to remove certain allocations of the Hotel Tax and eliminate obsolete provisions. PASSED, ON FIRST READING by the following vote:

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

130546 [Fire Code - San Francisco Fire Department Fines and Fees] Sponsor: Mayor Ordinance amending the Fire Code to increase the fees for certain Fire Department services, and making environmental findings. PASSED, ON FIRST READING by the following vote:

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

130547 [Health Code - Patient Rates - FYs 2013-14 and 2014-2015] Sponsor: Mayor Ordinance amending the Health Code to set patient rates and other services provided by the Department of Public Health, effective July 1, 2013, and making environmental findings. PASSED, ON FIRST READING by the following vote:

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

130548 [Park Code - Various Fees] Sponsor: Mayor Ordinance amending the Park Code by updating the berthing fees for the East and West Harbor; reauthorizing the non-resident entrance fee to the Botanical Garden; establishing a facility rental fee for the Lake Merced Boathouse; repealing obsolete fee provisions; and making environmental findings. PASSED ON FIRST READING by the following vote:

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

Noes: Avalos, Campos, Mar

130550 [Police Code - Street Artist Certificate Fee] Sponsor: Mayor Ordinance amending the Police Code Article 24, Section 2404.1, to increase the fee for a Street Artist Certificate in accordance with the applicable Consumer Price Index when necessary in order to ensure recovery of the costs of administering and enforcing the provisions of the Street Artists Ordinance; and making environmental findings. PASSED, ON FIRST READING by the following vote:

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

130551 [Police Code - Police Emergency Alarm Ordinance] Sponsor: Mayor Ordinance amending the Police Code to transfer administration of the Police Emergency Alarm Ordinance from the Department of Emergency Management to the Tax Collector and clarify license renewal and appeal procedures. PASSED, ON FIRST READING by the following vote:

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

130552 [Approval of Expenditures - Budget Savings Incentive Fund - FYs 2013-2014 and 2014-2015] Sponsor: Mayor Resolution approving expenditures from the Budget Savings Incentive Fund for one-time purposes in FYs 2013-2014 and 2014-2015. (Fiscal Impact) Resolution No. 239-13 ADOPTED by the following vote:

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

130553 [Expenditure Plans - Human Services Care Fund - FYs 2013-2014 and 2014-2015] Sponsor: Mayor Resolution approving the FYs 2013-2014 and 2014-2015 Expenditure Plans for the Human Services Care Fund. Resolution No. 240-13 ADOPTED by the following vote:

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

130558 [Expenditure Plan - Public Education Enrichment Fund - San Francisco Unified School District - FY2013-2014] Sponsor: Mayor Resolution approving the San Francisco Unified School District expenditure plan for the Public Education Enrichment Fund for FY2013-2014. Resolution No. 241-13 ADOPTED by the following vote:

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

130559 [Expenditure Plan - Public Education Enrichment Fund - Children and Families Commission - FY2013-2014] Sponsor: Mayor Resolution approving the San Francisco Children and Families Commission expenditure plan for the Public Education Enrichment Fund for FY2013-2014. Resolution No. 242-13 ADOPTED by the following vote:

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

130589 [Agreement - Brown and Caldwell - Wastewater Enterprise Sewer System Improvement Program - Not to Exceed $80,000,000] Sponsor: Cohen Resolution authorizing the General Manager of the San Francisco Public Utilities Commission to execute an agreement with Brown and Caldwell for planning and engineering services for the Wastewater Enterprise, Sewer System Improvement Program-Funded Agreement No. CS-235, Southeast Plant Biosolids Digester Facilities Project with an agreement amount not to exceed $80,000,000 and duration not to exceed 10 years. (Fiscal Impact) Resolution No. 243-13 ADOPTED by the following vote:

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

130618 [Accept and Expend Grants - State Recurring Grant Funds - Department of Public Health - FY2013-2014] Sponsor: Mayor Resolution authorizing the acceptance and expenditure of State recurring grant funds by the San Francisco Department of Public Health for various State grant funds, FY2013-2014. Resolution No. 244-13 ADOPTED by the following vote:

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

130625 [Accept and Expend Grant - Hilltop Park - La Salle and Whitney Young - $5,000,000] Sponsor: Cohen Resolution authorizing the Recreation and Park Department to retroactively accept a grant in place from the Trust for Public Land for improvements to Hilltop Park, located at La Salle and Whitney Young (Assessor’s Block No. 4713, Lot No. 013), valued at $5,000,000 from July 1, 2011, through June 30, 2019. Resolution No. 245-13 ADOPTED by the following vote:

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

130626 [Agreement - San Francisco Municipal Transportation Agency Commercial Paper Program - Not to Exceed $100,000,000] Sponsor: Farrell Resolution authorizing the issuance of aggregate principal amount not to exceed $100,000,000 adopted on June 4, 2013, by the Board of Directors to use San Francisco Municipal Transportation Agency commercial paper notes on a revolving basis for the purpose of financing certain capital improvements and other uses related to the Agency, approving the forms of documents relating thereto; approving the maximum interest thereon; and related matters. (Fiscal Impact) Resolution No. 246-13 ADOPTED by the following vote:

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

130627 [Agreements - Tax Exempt and Taxable Lease Revenue Commercial Paper Certificates of Participation - Not to Exceed $100,000,000] Sponsor: Farrell Resolution authorizing the execution and delivery from time to time of Tax-Exempt (Series 3 and Series 4) and Taxable Lease Revenue Commercial Paper Certificates of Participation (Series 3-T and Series 4-T ), in a aggregate principal amount not to exceed $100,000,000, to provide interim financing for certain City capital projects; and approving and authorizing execution of a trust agreement, a site lease, a sublease, a letter of credit, and reimbursement agreement, a fee agreement and certain other financing documents, and authorizing other related actions. Resolution No. 247-13 ADOPTED by the following vote:

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

130678 [Multifamily Housing Revenue Bonds - 1100 Ocean Avenue Apartments - Not to Exceed $19,500,000] Sponsors: Yee; Campos Resolution authorizing the issuance and delivery of multifamily housing revenue bonds in an aggregate principal amount not to exceed $19,500,000 for the purpose of providing financing for the acquisition and construction of a 71-unit multifamily rental housing project known as 1100 Ocean Avenue Apartments; approving the form of and authorizing the execution of a trust indenture providing the terms and conditions of the bonds; approving the form of and authorizing the execution of a regulatory agreement and declaration of restrictive covenants; approving the form of and authorizing the execution of a loan agreement; authorizing the collection of certain fees; ratifying and approving any action heretofore taken in connection with the bonds and the project; granting general authority to City officials to take actions necessary to implement this Resolution; and related matters. Supervisor Campos requested to be added as a co-sponsor. Resolution No. 248-13 ADOPTED by the following vote:

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

130679 [Accept and Expend Grant - Pedestrian and Bicycle Projects - $865,864] Sponsors: Yee; Mar and Campos Resolution authorizing the acceptance and expenditure of State Transportation Development Act Article 3 grant funds for various pedestrian and bicycle projects in San Francisco in FY2013-2014, totaling $865,864 including $432,932 for the Department of Public Works and $432,932 for the Municipal Transportation Agency for the period of September 1, 2013, through August 31, 2016. Supervisors Mar and Campos requested to be added as co-sponsors. Resolution No. 249-13 ADOPTED by the following vote:

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

130523 [Major Encroachment - San Francisco State University - Pedestrian Tunnel Below Winston Drive] Resolution granting a revocable permission to San Francisco State University (SFSU) to occupy portions of the public right-of-way to construct and maintain a pedestrian tunnel below Winston Drive to provide a safe and accessible connection from the main campus of SFSU to the site of a new Recreation Wellness Center; and making environmental findings, and findings of consistency with the General Plan and the priority policies of Planning Code, Section 101.1. (Public Works Department) Resolution No. 250-13 ADOPTED by the following vote:

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

130524 [Street Encroachment - Atlantic Richfield Company - 2 Richardson Avenue] Resolution granting revocable permission to Atlantic Richfield Company to occupy a portion of the public right-of-way to install and maintain four soil vapor extraction conduits connecting to two new vapor extraction wells crossing under Broderick Street fronting 2 Richardson Avenue (Assessor’s Block No. 0934, Lot No. 019), conditioned upon the payment of an annual assessment fee, and making environmental findings, and findings of consistency with the General Plan and the priority policies of Planning Code, Section 101.1. (Public Works Department) Resolution No. 251-13 ADOPTED by the following vote:

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

130525 [Street Encroachment - Jeremy Ricks- 1281-1283 Greenwich Street; Hyde and Larkin Streets] Resolution granting revocable permission to Jeremy Ricks to occupy a portion of the public right-of-way to extend an unimproved portion of Greenwich Street with a privately maintained driveway to provide access to a new garage at 1281-1283 Greenwich Street (Assessor’s Block No. 0095, Lot Nos. 023-025); to install additional landscaping and public access improvements within the unimproved portion of the Greenwich Street public right-of-way between Hyde and Larkin Streets, conditioned upon the payment of an annual assessment fee of $4433.00; and making environmental findings of consistency with the General Plan and the priority policies of Planning Code, Section 101.1. (Public Works Department) Resolution No. 252-13 ADOPTED by the following vote:

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

130656 [Supporting the Establishment of an Urban Agriculture Program] Sponsors: Chiu; Campos and Mar Resolution acknowledging receipt of the Office of the City Administrator's recommendations regarding the establishment of an Urban Agriculture Program; supporting the Recreation and Park Department as the location for the new Urban Agriculture Program to coordinate the City's urban agriculture activities; and setting reporting goals related to Urban Agriculture. Supervisors Campos and Mar requested to be added as co-sponsors. Resolution No. 253-13 ADOPTED by the following vote:

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

130677 [Interim Zoning Controls in the Planning Code - Upper Market Street Neighborhood Commercial Transit District] Sponsor: Wiener Resolution imposing interim zoning controls for an 18-month period requiring Conditional Use authorization for Limited Financial Service and Business or Professional Service uses in the Upper Market Neighborhood Commercial Transit District; making environmental findings and findings of consistency with the General Plan and with the priority policies of Planning Code, Section 101.1. Resolution No. 254-13 ADOPTED by the following vote:

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

130700 [Final Map 7427 - 1401 Market Street] Motion approving Final Map 7427, a Ten Airspace Subdivision of 754 Residential Units and Eight Commercial Units, and a Mixed-Use Condominium Project, located at 1401 Market Street being a subdivision of Assessor’s Block No. 3507, Lot No. 041, and adopting findings pursuant to the General Plan and Planning Code, Section 101.1. (Public Works Department) Motion No. M13-090 APPROVED The foregoing items were acted upon by the following vote:

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