# Board of Supervisors Minutes: July 16, 2013 - Meeting date: 2013-07-16 - Document type: minutes - Pages in official PDF: 25 - [Canonical HTML transcript](https://sfbos.info/documents/124/2013-07-16-minutes) - [Authoritative City PDF](https://sfgov.legistar.com/View.ashx?M=M&ID=257674&GUID=943D1151-EEFC-4445-8CF4-5AC51DADE807) > This text was extracted for search and accessibility. The linked City PDF is the authoritative public record. ## Structured legislative records ### File 130038: Appropriating $1,500,000 for the San Francisco Unified School District - FY2012-2013 - Pages: 2-3 ### File 130613: Appropriation and De-Appropriation - $720,626 to Sheriff for Overtime - FY2012-2013 - Pages: 3 ### File 130614: Appropriation and De-Appropriation - $446,354 to Fire Department for Overtime - FY2012-2013 - Pages: 3 ### File 130615: Accept and Expend Grant - National Science Foundation and Amendment to the Annual Salary Ordinance, FY2012-2013 - $257,744 - Pages: 3 ### File 130583: Memorandum of Understanding - Service Employees International Union, Local 1021, Staff & Per Diem Nurses - FY2013-2014 - Pages: 3-4 ### File 130586: Administrative Code - Film Rebate Program - Pages: 4 ### File 130263: Planning Code - Castro Street Neighborhood Commercial District Use Size Limits - Pages: 4 ### File 130369: Building, Health, Public Works Codes - Soil and/or Groundwater Testing Requirements - Pages: 4 ### File 130300: Administrative Code - Child Care Centers for City and City-Funded Projects; Feasibility Studies - Pages: 4-5 ### File 130225: Administrative Code - Bayview Hunters Point Citizens Advisory Committee - Pages: 5 ### File 130413: Municipal Elections Code - Publication of Legal Text of Proposed Measures - Pages: 5 - Vote 1: final-passage, likely final - Action: 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 ### File 130535: Proposed Budget and Annual Appropriation Ordinance - FYs 2013-2014 and 2014-2015 - Pages: 5-6 - Vote 1: first-reading - Action: 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 ### File 130536: Annual Salary Ordinance - FYs 2013-2014 and 2014-2015 - Pages: 6 - Vote 1: first-reading - Action: 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 ### File 130555: Treasure Island Development Authority Budget - FYs 2013-2014 and 2014-2015 - Pages: 6 - Vote 1: adoption, likely final - Action: 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 ### File 130556: Office of Community Investment and Infrastructure Budget - FY2013-2014 - Not to Exceed $58,600,000 - Pages: 6 - Vote 1: adoption, likely final - Action: 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 ### File 130557: Proposition J Contract/Certification of Specified Contracted-Out Services Previously Approved - Pages: 6-7 - Vote 1: adoption, likely final - Action: 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 ### File 121019: Administrative Code - California Environmental Quality Act Procedures, Appeals, and Public Notice Requirements - Pages: 7 - Vote 1: amendment - Action: 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 - Vote 2: first-reading - Action: 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 ### File 130248: Administrative Code - California Environmental Quality Act Procedures, Appeals, and Public Notice Requirements - Pages: 7-8 - Vote 1: amendment - Action: 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 ### File 130481: Charter Amendment - Retiree Health Care Trust Fund - Pages: 8 - Vote 1: amendment - Action: 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 ### File 130537: Lease and Management Agreement - Botanical Garden Society - Waiving Fees - Botanical Garden at Strybing Arboretum in Golden Gate Park - Pages: 8-9 - Vote 1: first-reading - Action: 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 ### File 130538: Administrative Code - Special Funds for Cultural, Arts, and Publicity Programs - Pages: 9 - Vote 1: first-reading - Action: 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 ### File 130539: Administrative Code - Library Fines and Fees - Pages: 9 - Vote 1: first-reading - Action: 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 ### File 130540: Administrative Code - Surety Bonds and Bid Securities - Pages: 9 - Vote 1: first-reading - Action: 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 ### File 130541: Administrative, Business and Tax Regulation Codes - Controller’s Reports and Cash Reserve Fund - Pages: 9 - Vote 1: first-reading - Action: 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 ### File 130542: Administrative Code - Public Administrator/Public Guardian Representative Payee Fee - Pages: 9-10 - Vote 1: first-reading - Action: 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 ### File 130543: Administrative Code - Medical Examiner's Fees for Copies of Documents and Certain Services - Pages: 10 - Vote 1: first-reading - Action: 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 ### File 130544: Administrative Code - Library Gift Fund - Pages: 10 - Vote 1: first-reading - Action: 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 ### File 130545: Business and Tax Regulation Code - Hotel Tax Allocations - Pages: 10 - Vote 1: first-reading - Action: 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 ### File 130546: Fire Code - San Francisco Fire Department Fines and Fees - Pages: 10 - Vote 1: first-reading - Action: 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 ### File 130547: Health Code - Patient Rates - FYs 2013-14 and 2014-2015 - Pages: 10 - Vote 1: first-reading - Action: 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 ### File 130548: Park Code - Various Fees - Pages: 10-11 - Vote 1: first-reading - Action: 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 ### File 130550: Police Code - Street Artist Certificate Fee - Pages: 11 - Vote 1: first-reading - Action: 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 ### File 130551: Police Code - Police Emergency Alarm Ordinance - Pages: 11 - Vote 1: first-reading - Action: 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 ### File 130552: Approval of Expenditures - Budget Savings Incentive Fund - FYs 2013-2014 and 2014-2015 - Pages: 11 - Vote 1: adoption, likely final - Action: 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 ### File 130553: Expenditure Plans - Human Services Care Fund - FYs 2013-2014 and 2014-2015 - Pages: 11 - Vote 1: adoption, likely final - Action: 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 ### File 130558: Expenditure Plan - Public Education Enrichment Fund - San Francisco Unified School District - FY2013-2014 - Pages: 11-12 - Vote 1: adoption, likely final - Action: 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 ### File 130559: Expenditure Plan - Public Education Enrichment Fund - Children and Families Commission - FY2013-2014 - Pages: 12 - Vote 1: adoption, likely final - Action: 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 ### File 130589: Agreement - Brown and Caldwell - Wastewater Enterprise Sewer System Improvement Program - Not to Exceed $80,000,000 - Pages: 12 - Vote 1: adoption, likely final - Action: 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 ### File 130618: Accept and Expend Grants - State Recurring Grant Funds - Department of Public Health - FY2013-2014 - Pages: 12 - Vote 1: adoption, likely final - Action: 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 ### File 130625: Accept and Expend Grant - Hilltop Park - La Salle and Whitney Young - $5,000,000 - Pages: 12-13 - Vote 1: adoption, likely final - Action: 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 ### File 130626: Agreement - San Francisco Municipal Transportation Agency Commercial Paper Program - Not to Exceed $100,000,000 - Pages: 13 - Vote 1: adoption, likely final - Action: 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 ### File 130627: Agreements - Tax Exempt and Taxable Lease Revenue Commercial Paper Certificates of Participation - Not to Exceed $100,000,000 - Pages: 13 - Vote 1: adoption, likely final - Action: 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 ### File 130678: Multifamily Housing Revenue Bonds - 1100 Ocean Avenue Apartments - Not to Exceed $19,500,000 - Pages: 13-14 - Vote 1: adoption, likely final - Action: 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 ### File 130679: Accept and Expend Grant - Pedestrian and Bicycle Projects - $865,864 - Pages: 14 - Vote 1: adoption, likely final - Action: 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 ### File 130523: Major Encroachment - San Francisco State University - Pedestrian Tunnel Below Winston Drive - Pages: 14 - Vote 1: adoption, likely final - Action: 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 ### File 130524: Street Encroachment - Atlantic Richfield Company - 2 Richardson Avenue - Pages: 14-15 - Vote 1: adoption, likely final - Action: 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 ### File 130525: Street Encroachment - Jeremy Ricks- 1281-1283 Greenwich Street; Hyde and Larkin Streets - Pages: 15 - Vote 1: adoption, likely final - Action: 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 ### File 130656: Supporting the Establishment of an Urban Agriculture Program - Pages: 15 - Vote 1: adoption, likely final - Action: 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 ### File 130677: Interim Zoning Controls in the Planning Code - Upper Market Street Neighborhood Commercial Transit District - Pages: 15-16 - Vote 1: adoption, likely final - Action: 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 ### File 130715: Commemorating Lou Giraudo - Pages: 16-17 ### File 130716: Sue Bierman Park Playground Grand Opening - Pages: 17 ### File 130717: Recreation and Parks Month - July 2013 - Pages: 17 ### File 130699: Final Map 7232 - 2299 Market Street - Pages: 17 ### File 130700: Final Map 7427 - 1401 Market Street - Pages: 17 - Vote 1: approval, likely final - Action: 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 ### File 130464: Administrative Code - California Environmental Quality Act Procedures, Appeal of Exempt Project Modification - Pages: 18 ### File 130734: Administrative Code - Planning Commission Review of Medical Cannabis Dispensary Location Regulations - Pages: 18 ### File 130735: Planning Code - Definition of Formula Retail Use for Upper Fillmore Street Neighborhood Commercial District - Pages: 18-19 ### File 130736: Transfer of Administrative Jurisdiction - Pier 27 - Pages: 19 ### File 130737: Memoranda of Agreements - Treasure Island Development Authority and Yerba Buena Island Ramps Project - $81,700,000 - Pages: 19 ### File 130743: Agreement - Alstom Transportation, Inc. - Vendor Managed Inventory Services - Not to Exceed $39,158,000 - Pages: 19 ### File 130745: Ground Lease - 1100 Ocean Avenue, L.P. - Affordable Housing - $43,065,000 - Pages: 19-20 ### File 130746: Emergency Preparedness Grants - 2013 - Pages: 20 ### File 130747: Supporting Octavia Boulevard Special Fund Programming - Proposition I Ancillary Projects - Pages: 20 ### File 130748: Greater Transparency for the Kaiser Healthcare Rate Increase and Urging the California State Legislature to Pass Senate Bill 746 - Pages: 20 ### File 130754: Accept and Expend Grant - OneBayArea Grant Program - $17,026,221 - Pages: 20-21 ### File 130668: Committee of the Whole - Special Assessment of Liens for Assessment of Cost - Pages: 21 ### File 130753: Authorizing Preparation of Proponent/Opponent Ballot Arguments and Rebuttal Ballot Arguments for Submittal to the Voters at the November 5, 2013, Consolidated General Municipal Election - Pages: 21 ### File 130635: Public Hearing - Top of Broadway Community Benefit District - Pages: 21 ### File 130637: Public Hearing - Central Market Community Benefit District - Pages: 21-22 ### File 130749: Hearing - Loss of Accreditation of the City College of San Francisco Update - Pages: 22 ### File 130750: Hearing - Geary Underpass Filling - Pages: 22 ### File 130751: Hearing - Mission Promise Neighborhood Implementation - Pages: 22 ### File 130752: Hearing - Food Security in San Francisco - Pages: 22-23 ### File 130567: Settlement of Unlitigated Claims - 300 Spear Realty Venture LLC - Pages: 23 ### File 130671: Airport Concession Lease - Skyline Concessions, Inc. - $192,000 Minimum Annual Guarantee - Pages: 23 ### File 130701: Real Property Lease Renewal - 3801-3rd Street, Suite 400 - Bayview Plaza, LLC, - $38,545 Monthly - Pages: 23 ### File 130702: Lease Amendment - Gleneagles Golf Partners, LP - Estimated Annual Income $40,000 - Pages: 23-24 ### File 130703: Sale of Easement - Public Utilities Commission to Pacific Gas and Electric Company - Watershed Lands Near the Caltrans I-280 Crystal Springs Rest Stop - Unincorporated San Mateo County - $15,400 - Pages: 24 ### File 130704: Agreement - Alliant Insurance Services, Inc. - Brokerage Services - Not to Exceed $19,520,840 - Pages: 24 ### File 130705: Settlement of Unlitigated Claims - Donald Wiggam - $125,000 - Pages: 24-25 ## Extracted text ### [Page 1](https://sfbos.info/documents/124/2013-07-16-minutes#page-1) BOARD OF SUPERVISORS CITY AND COUNTY OF SAN FRANCISCO MEETING MINUTES Tuesday, July 16, 2013 - 2:00 PM Legislative Chamber, Room 250 City Hall, 1 Dr. Carlton B. Goodlett Place San Francisco, CA 94102-4689 Regular Meeting DAVID CHIU, PRESIDENT JOHN AVALOS, LONDON BREED, DAVID CAMPOS, MALIA COHEN, MARK FARRELL, JANE KIM, ERIC MAR, KATY TANG, SCOTT WIENER, NORMAN YEE Angela Calvillo, Clerk of the Board BOARD COMMITTEES Budget and Finance Committee Wednesday Supervisors Farrell, Mar, Avalos, Breed, Wiener 1:00 PM Budget and Finance Sub-Committee Wednesday Supervisors Farrell, Mar, Avalos 10:00 AM City and School District Select Committee 4th Thursday Supervisors Kim, Avalos, Farrell, Commissioners Mendozal, Norton, Wynns 3:30 PM Government Audit and Oversight Committee 2nd and 4th Thursday Supervisors Cohen, Tang, Campos 10:00 AM Land Use and Economic Development Committee Monday Supervisors Wiener, Kim, Chiu 1:30 PM Neighborhood Services and Safety Committee 1st and 3rd Thursday Supervisors Campos, Mar, Yee 10:00 AM Rules Committee 1st and 3rd Thursday Supervisors Yee, Breed, Cohen 1:30 PM Volume 108 Number 23 ### [Page 2](https://sfbos.info/documents/124/2013-07-16-minutes#page-2) Board of Supervisors Meeting Minutes 7/16/2013 Members Present: John Avalos, London Breed, David Campos, David Chiu, Malia Cohen, Mark Farrell, Jane Kim, Eric Mar, Katy Tang, Scott Wiener, and Norman Yee ROLL CALL AND PLEDGE OF ALLEGIANCE The meeting was called to order at 2:12 p.m. On the call of the roll, all Supervisors were noted present. AGENDA CHANGES There were none. APPROVAL OF MEETING MINUTES Supervisor Campos, seconded by Supervisor Farrell, moved to approve the Board Meeting Minutes of June 11, 2013. The motion carried by the following vote: Ayes: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee COMMUNICATIONS There were none. CONSENT AGENDA Recommendations of the Budget and Finance Committee 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) Ordinance No. 148-13 FINALLY PASSED City and County of San Francisco Page 463 Printed at 3:20 pm on 10/21/13 ### [Page 3](https://sfbos.info/documents/124/2013-07-16-minutes#page-3) Board of Supervisors Meeting Minutes 7/16/2013 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. Ordinance No. 149-13 FINALLY PASSED 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. Ordinance No. 150-13 FINALLY PASSED 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. Ordinance No. 151-13 FINALLY PASSED Recommendations of the Government Audit and Oversight Committee 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. Ordinance No. 152-13 FINALLY PASSED City and County of San Francisco Page 464 Printed at 3:20 pm on 10/21/13 ### [Page 4](https://sfbos.info/documents/124/2013-07-16-minutes#page-4) Board of Supervisors Meeting Minutes 7/16/2013 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. Ordinance No. 153-13 FINALLY PASSED Recommendations of the Land Use and Economic Development Committee 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. Ordinance No. 154-13 FINALLY PASSED 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. Ordinance No. 155-13 FINALLY PASSED Recommendation of the Neighborhood Services and Safety Committee 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. Ordinance No. 156-13 FINALLY PASSED City and County of San Francisco Page 465 Printed at 3:20 pm on 10/21/13 ### [Page 5](https://sfbos.info/documents/124/2013-07-16-minutes#page-5) Board of Supervisors Meeting Minutes 7/16/2013 Recommendations of the Rules Committee 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. Ordinance No. 157-13 FINALLY PASSED 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: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee REGULAR AGENDA UNFINISHED BUSINESS Recommendations of the Budget and Finance Committee 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: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee City and County of San Francisco Page 466 Printed at 3:20 pm on 10/21/13 ### [Page 6](https://sfbos.info/documents/124/2013-07-16-minutes#page-6) Board of Supervisors Meeting Minutes 7/16/2013 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: 11 - 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: 11 - 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: 11 - 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: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee City and County of San Francisco Page 467 Printed at 3:20 pm on 10/21/13 ### [Page 7](https://sfbos.info/documents/124/2013-07-16-minutes#page-7) Board of Supervisors Meeting Minutes 7/16/2013 From the Land Use and Economic Development Committee Without Recommendation 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: 11 - 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: 11 - 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: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee City and County of San Francisco Page 468 Printed at 3:20 pm on 10/21/13 ### [Page 8](https://sfbos.info/documents/124/2013-07-16-minutes#page-8) Board of Supervisors Meeting Minutes 7/16/2013 Recommendation of the Rules Committee 130481 [Charter Amendment - Retiree Health Care Trust Fund] Sponsors: Farrell; Chiu, Wiener, Tang, 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: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee NEW BUSINESS Recommendations of the Budget and Finance Committee 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: 8 - Breed, Chiu, Cohen, Farrell, Kim, Tang, Wiener, Yee Noes: 3 - Avalos, Campos, Mar City and County of San Francisco Page 469 Printed at 3:20 pm on 10/21/13 ### [Page 9](https://sfbos.info/documents/124/2013-07-16-minutes#page-9) Board of Supervisors Meeting Minutes 7/16/2013 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: 11 - 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: 11 - 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: 11 - 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: 11 - 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: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee City and County of San Francisco Page 470 Printed at 3:20 pm on 10/21/13 ### [Page 10](https://sfbos.info/documents/124/2013-07-16-minutes#page-10) Board of Supervisors Meeting Minutes 7/16/2013 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: 11 - 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: 11 - 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: 11 - 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: 11 - 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: 11 - 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: 8 - Breed, Chiu, Cohen, Farrell, Kim, Tang, Wiener, Yee Noes: 3 - Avalos, Campos, Mar City and County of San Francisco Page 471 Printed at 3:20 pm on 10/21/13 ### [Page 11](https://sfbos.info/documents/124/2013-07-16-minutes#page-11) Board of Supervisors Meeting Minutes 7/16/2013 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: 11 - 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: 11 - 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: 11 - 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: 11 - 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: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee City and County of San Francisco Page 472 Printed at 3:20 pm on 10/21/13 ### [Page 12](https://sfbos.info/documents/124/2013-07-16-minutes#page-12) Board of Supervisors Meeting Minutes 7/16/2013 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: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee Recommendations of the Budget and Finance Sub-Committee 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: 11 - 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: 11 - 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: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee City and County of San Francisco Page 473 Printed at 3:20 pm on 10/21/13 ### [Page 13](https://sfbos.info/documents/124/2013-07-16-minutes#page-13) Board of Supervisors Meeting Minutes 7/16/2013 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: 11 - 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: 11 - 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: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee City and County of San Francisco Page 474 Printed at 3:20 pm on 10/21/13 ### [Page 14](https://sfbos.info/documents/124/2013-07-16-minutes#page-14) Board of Supervisors Meeting Minutes 7/16/2013 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: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee Recommendations of the Land Use and Economic Development Committee 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: 11 - 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: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee City and County of San Francisco Page 475 Printed at 3:20 pm on 10/21/13 ### [Page 15](https://sfbos.info/documents/124/2013-07-16-minutes#page-15) Board of Supervisors Meeting Minutes 7/16/2013 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: 11 - 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: 11 - 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: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee City and County of San Francisco Page 476 Printed at 3:20 pm on 10/21/13 ### [Page 16](https://sfbos.info/documents/124/2013-07-16-minutes#page-16) Board of Supervisors Meeting Minutes 7/16/2013 SPECIAL ORDER 2:30 P.M. - Recognition of Commendations Privilege of the Floor Supervisor Kim, seconded by Supervisor Avalos, moved to suspend Rule 5.36 of the Rules of Order of the Board of Supervisors to grant privilege of the floor to the following guests. The motion carried by unanimous consent: Ayes: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee Supervisor Kim commended in loving memory of longtime community activist Jazzie Collins upon her passing, in recognition of her dedication, accomplishments, community support, and further requested the Board to adjourn today's meeting in her memory. Supervisors Chiu, Avalos, Campos, Wiener, Mar, and members of her "San Framily" shared in this commendation. ROLL CALL FOR INTRODUCTIONS Legislation Introduced will appear on the Final Minutes for this meeting. Once the Legislation Introduced is approved, it will be available on http://www.sfbos.org/legislation_introduced. PUBLIC COMMENT James Chaffee; expressed concerns relating to privilege of the floor. Male Speaker; expressed various religious concerns. Peter Warfield; expressed concerns relating to the SF Public Library. Barry Toronto; expressed concerns relating to the regulation of taxis and rideshare services. Female Speaker; expressed concerns relating to the regulation of taxis and rideshare services. Walter Paulson; shared in song certain concerns with the Board. Female Speaker; expressed concerns relating to homelessness and shelters. Douglas Yepp; expressed various concerns. Bette Tu; expressed various concerns relating to public housing. Ace Washington; expressed concerns relating to a state of emergency for the black population in San Francisco. Daniel Landry; expressed concerns relating to the Trayvon Martin case. Male Speaker; expressed various concerns. FOR ADOPTION WITHOUT COMMITTEE REFERENCE 130715 [Commemorating Lou Giraudo] Sponsors: Chiu; Campos and Farrell Resolution commemorating Lou Giraudo for his exemplary civic leadership in the City and County of San Francisco. Resolution No. 255-13 ADOPTED City and County of San Francisco Page 477 Printed at 3:20 pm on 10/21/13 ### [Page 17](https://sfbos.info/documents/124/2013-07-16-minutes#page-17) Board of Supervisors Meeting Minutes 7/16/2013 130716 [Sue Bierman Park Playground Grand Opening] Sponsors: Chiu; Campos Resolution recognizing the grand opening of the new playground at Sue Bierman Park and commending the Recreation and Park Department, the Friends of Waterfront Playground, the San Francisco Parks Alliance, and the entire project team for their hard work and commitment to creating the new playground. Supervisor Campos requested to be added as a co-sponsor. Resolution No. 256-13 ADOPTED 130717 [Recreation and Parks Month - July 2013] Sponsors: Chiu and Tang Resolution declaring July 2013, as Recreation and Parks Month in the City and County of San Francisco. Resolution No. 257-13 ADOPTED 130699 [Final Map 7232 - 2299 Market Street] Motion approving Final Map 7232, a Two Airspace Subdivision, being a 18 Residential Unit and One Commercial Unit, and a Mixed-Use Condominium Project, located at 2299 Market Street being a subdivision of Assessor’s Block No. 3564, Lot No. 091, and adopting findings pursuant to the General Plan and Planning Code, Section 101.1. (Public Works Department) Motion No. M13-089 APPROVED 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: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee IMPERATIVE AGENDA There were no items. City and County of San Francisco Page 478 Printed at 3:20 pm on 10/21/13 ### [Page 18](https://sfbos.info/documents/124/2013-07-16-minutes#page-18) Board of Supervisors Meeting Minutes 7/16/2013 LEGISLATION INTRODUCED AT ROLL CALL Introduced by a Supervisor or the Mayor Pursuant to Charter, Section 2.105, an Ordinance or Resolution may be introduced before the Board of Supervisors by a Member of the Board, a Committee of the Board, or the Mayor and shall be referred to and reported upon by an appropriate Committee of the Board. Ordinances 130464 [Administrative Code - California Environmental Quality Act Procedures, Appeal of Exempt Project Modification] Sponsors: Kim; Chiu, Campos, Avalos, Mar and Yee Ordinance amending Administrative Code, Chapter 31, to provide for appeal to the Environmental Review Officer to reconsider a determination of the Environmental Review Officer that an exempt project modification does not require a new decision under the California Environmental Quality Act; and making environmental findings. 05/14/13; ASSIGNED to Land Use and Economic Development Committee. 05/16/13; REFERRED TO DEPARTMENT. 05/24/13; RESPONSE RECEIVED. 07/16/13; SUBSTITUTED AND ASSIGNED to Land Use and Economic Development Committee. 130734 [Administrative Code - Planning Commission Review of Medical Cannabis Dispensary Location Regulations] Sponsor: Avalos Ordinance amending the Administrative Code, by adding Section 2A.54, to direct the Planning Commission to prepare and submit a report to the Board of Supervisors evaluating the provisions of the Planning Code related to the location of medical cannabis dispensaries. 07/16/13; ASSIGNED UNDER 30 DAY RULE to Rules Committee, expires on 8/15/2013. 130735 [Planning Code - Definition of Formula Retail Use for Upper Fillmore Street Neighborhood Commercial District] Sponsor: Farrell Ordinance amending the Planning Code, Section 703.3, to expand the definition of formula retail uses in the Upper Fillmore Street Neighborhood Commercial District; and making environmental findings, Planning Code, Section 302, findings, and findings of consistency with the General Plan and the priority policies of Planning Code, Section 101.1. 07/16/13; ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 8/15/2013. City and County of San Francisco Page 479 Printed at 3:20 pm on 10/21/13 ### [Page 19](https://sfbos.info/documents/124/2013-07-16-minutes#page-19) Board of Supervisors Meeting Minutes 7/16/2013 Resolutions 130736 [Transfer of Administrative Jurisdiction - Pier 27] Sponsor: Farrell Resolution facilitating a lease-back for Certificates of Participation by authorizing transfers of administrative jurisdiction over Pier 27 from the Port Commission to the General Services Agency, Real Estate Division, and from the City back to the Port Commission, upon full payment of debt; approving a Memorandum of Understanding between the Port Commission and the City Controller regarding obligations arising from the Certificates of Participation; incorporating findings under the California Environmental Quality Act by reference; and adopting findings of consistency with the General Plan and the eight priority policies of Planning Code, Section 101.1. 07/16/13; RECEIVED AND ASSIGNED to Budget and Finance Committee. 130737 [Memoranda of Agreements - Treasure Island Development Authority and Yerba Buena Island Ramps Project - $81,700,000] Sponsor: Mayor Resolution approving two Memoranda of Agreements between the City, acting through the Treasure Island Development Authority and the San Francisco County Transportation Authority: 1) for right of way services and the completion of engineering and design work, and 2) to complete the construction phases of the Yerba Buena Island Ramps Project; authorizing the acceptance and subsequent transfer of real estate interests for the Yerba Buena Island Ramps Project for a total of $50,900,000 for the period of July 1, 2013, through December 31, 2016; and making environmental review findings. 07/16/13; RECEIVED AND ASSIGNED to Budget and Finance Committee. 130743 [Agreement - Alstom Transportation, Inc. - Vendor Managed Inventory Services - Not to Exceed $39,158,000] Sponsor: Wiener Resolution authorizing the Director of Transportation of the Municipal Transportation Agency to execute the Agreement with Alstom Transportation, Inc., for vendor managed inventory services to provide rail parts and supplies for an initial term of two years with an option to extend the term for up to three additional years, at the Director of Transportation’s sole discretion, for a total contract amount not to exceed $39,158,000. 07/16/13; RECEIVED AND ASSIGNED to Budget and Finance Committee. 130745 [Ground Lease - 1100 Ocean Avenue, L.P. - Affordable Housing - $43,065,000] Sponsor: Yee Resolution approving and authorizing the Mayor’s Office of Housing as Successor Housing Agency to the Redevelopment Agency to enter into a 99 year ground lease totaling $43,065,000 with 1100 Ocean Avenue, L.P., a California limited partnership, for the development and operation of affordable housing on certain real property located at 1100 Ocean Avenue; and making findings that the ground lease is in conformance with the California Environmental Quality Act, the General Plan, and the priority policies of Planning Code, Section 101.1. (Fiscal Impact) 07/16/13; RECEIVED AND ASSIGNED to Budget and Finance Committee. City and County of San Francisco Page 480 Printed at 3:20 pm on 10/21/13 ### [Page 20](https://sfbos.info/documents/124/2013-07-16-minutes#page-20) Board of Supervisors Meeting Minutes 7/16/2013 130746 [Emergency Preparedness Grants - 2013] Sponsor: Mayor Resolution authorizing designated City and County officials to execute and file on behalf of the City and County of San Francisco, a public entity established under the laws of the State of California, any actions necessary for the purpose of obtaining state and federal financial assistance under various grant programs, including: the FY2013 Urban Areas Security Initiative Grant, the FY2013 State Homeland Security Grant Program, the FY2013 Emergency Management Performance Grant, the 2013 California Volunteers Grant Program, and the 2013 Local Government Oil Spill Contingency Plan Grant Program. 07/16/13; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 130747 [Supporting Octavia Boulevard Special Fund Programming - Proposition I Ancillary Projects] Sponsors: Breed; Wiener Resolution supporting the programming of $7,300,000 of funding from the Octavia Boulevard Special Fund for Proposition I Ancillary Projects. 07/16/13; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 130748 [Greater Transparency for the Kaiser Healthcare Rate Increase and Urging the California State Legislature to Pass Senate Bill 746] Sponsors: Farrell; Avalos, Breed, Campos, Chiu, Cohen, Kim, Mar, Tang, Wiener and Yee Resolution urging Kaiser to immediately begin negotiating with the Health Service System toward a fair and transparent pricing model that provides fee schedule transparency and requesting the Health Service System to report back to the Board of Supervisors on the progress of negotiations. 07/16/13; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 130754 [Accept and Expend Grant - OneBayArea Grant Program - $17,026,221] Sponsor: Mayor Resolution authorizing the filing of an application for funding assigned to the Metropolitan Transportation Commission (MTC); committing any necessary matching funds; stating assurance to complete the projects; and authorizing the Department of Public Works to accept and expend $17,026,221 in OneBayArea Grant Program funds awarded through the MTC for the period of December 1, 2013, through December 30, 2016. 07/16/13; RECEIVED AND ASSIGNED to Budget and Finance Committee. City and County of San Francisco Page 481 Printed at 3:20 pm on 10/21/13 ### [Page 21](https://sfbos.info/documents/124/2013-07-16-minutes#page-21) Board of Supervisors Meeting Minutes 7/16/2013 Motions 130668 [Committee of the Whole - Special Assessment of Liens for Assessment of Cost] Motion directing the Board of Supervisors to hold a public hearing on July 30, 2013, at 3:00 p.m. with the Board sitting as a Committee of the Whole, to consider adopting a Resolution confirming Report of Delinquent Charges for Code Enforcement cases with delinquent assessment of costs and fees pursuant to the provisions of the Building Code, Sections 102A.3, 102A.4, 102A.6 102A.12, 102A.16, 102A.17, 102A.18, 102A.19, 102A.20 et seq., 103A.3.3, 108A, and Section 110A - Tables 1A-K and 1A-G, submitted by the Director of the Department of Building Inspection for services rendered by said Department of costs thereof having accrued pursuant to code violations referenced above. (Clerk of the Board) 07/16/13; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. 130753 [Authorizing Preparation of Proponent/Opponent Ballot Arguments and Rebuttal Ballot Arguments for Submittal to the Voters at the November 5, 2013, Consolidated General Municipal Election] Motion authorizing preparation of written Proponent and Opponent ballot arguments and rebuttal ballot arguments for submittal to the voters at the November 5, 2013, Consolidated General Municipal Election. (Clerk of the Board) 07/16/13; REFERRED FOR ADOPTION WITHOUT COMMITTEE REFERENCE AGENDA AT THE NEXT BOARD MEETING. Request for Hearings 130635 [Public Hearing - Top of Broadway Community Benefit District] Sponsor: Chiu Public hearing pursuant to the California Property and Business Improvement District Law of 1994 (Streets and Highways Code §§ 36600 et seq.) and City and County of San Francisco Business and Tax Regulations Code Article 15, to consider establishment of a property-based assessment district to be known as the Top of Broadway Community Benefit District. 07/01/13; SCHEDULED FOR PUBLIC HEARING to Board of Supervisors. 07/03/13; NOTICED. 07/12/13; NOTICED. 130637 [Public Hearing - Central Market Community Benefit District] Sponsor: Kim Public hearing pursuant to the California Property and Business Improvement District Law of 1994 (Streets and Highways Code §§ 36600 et seq.) and City and County of San Francisco Business and Tax Regulations Code Article 15, to consider renewal and expansion of a property-based assessment district to be known as the Central Market Community Benefit District. 07/01/13; SCHEDULED FOR PUBLIC HEARING to Board of Supervisors. 07/03/13; NOTICED. 07/12/13; NOTICED. City and County of San Francisco Page 482 Printed at 3:20 pm on 10/21/13 ### [Page 22](https://sfbos.info/documents/124/2013-07-16-minutes#page-22) Board of Supervisors Meeting Minutes 7/16/2013 130749 [Hearing - Loss of Accreditation of the City College of San Francisco Update] Sponsors: Avalos; Campos and Cohen Hearing to address the importance of City College as an academic institution and resource for San Francisco's diverse communities and local economy; and discuss the potential impact of the Accrediting Commission and what public officials, including the Mayor, are doing to protect the college and safeguard vital programs, assets, and overall accreditation. 07/16/13; RECEIVED AND ASSIGNED to City and School District Select Committee. 130750 [Hearing - Geary Underpass Filling] Sponsors: Breed; Mar Hearing involving the Municipal Transportation Agency, Transportation Authority, Planning Department, Department of Public Works, Public Utilities Commission, and Recreation and Park Department to begin planning the filling of the Geary underpass between Webster and Steiner and the corresponding reunification of the Japantown and Western Addition/Fillmore communities, and all other aesthetic, transportation, infrastructure, and community opportunities and challenges therein, including the possiblity of coordinating efforts with the Central Subway Project and/or Geary Bus Rapid Transit. 07/16/13; RECEIVED AND ASSIGNED to Neighborhood Services and Safety Committee. 130751 [Hearing - Mission Promise Neighborhood Implementation] Sponsor: Kim Hearing on the progress to date of the implementation of Mission Promise Neighborhood, the five year neighborhood initiative to improve education and create family economic stability for Mission District families, including request for information from the San Francisco Unified School District, the Mission Economic Development Agency, and the Office of Economic and Workforce Development. 07/16/13; RECEIVED AND ASSIGNED to Neighborhood Services and Safety Committee. 130752 [Hearing - Food Security in San Francisco] Sponsors: Mar; Kim and Cohen Hearing to review the Tenderloin Hunger Task Force assessment of need for the Tenderloin, and the Food Security Task Force's Annual Report. 07/16/13; RECEIVED AND ASSIGNED to Rules Committee. City and County of San Francisco Page 483 Printed at 3:20 pm on 10/21/13 ### [Page 23](https://sfbos.info/documents/124/2013-07-16-minutes#page-23) Board of Supervisors Meeting Minutes 7/16/2013 Introduced at the Request of a Department Pursuant to Rules of Order of the Board of Supervisors, Section 2.7.1, Department Heads may submit proposed legislation to the Clerk of the Board, in which case titles of the legislation will be printed at the rear of the next available agenda of the Board. PROPOSED RESOLUTIONS 130567 [Settlement of Unlitigated Claims - 300 Spear Realty Venture LLC] Resolution approving the settlement of the unlitigated claim in favor of 300 Spear Realty Venture LLC against the City and County of San Francisco; and the unlitigated claim in favor of the City and County of San Francisco against 300 Spear Realty Venture LLC. (City Attorney's Office) 07/16/13; RECEIVED AND ASSIGNED to Rules Committee. 130671 [Airport Concession Lease - Skyline Concessions, Inc. - $192,000 Minimum Annual Guarantee] Resolution approving the Boarding Area E Newsstand Lease, a Small Business Enterprise Set-Aside, between Skyline Concessions, Inc., and the City and County of San Francisco, acting by and through its Airport Commission for a seven year term with a minimum annual guarantee of $192,000. (Airport Commission) 07/03/13; RECEIVED FROM DEPARTMENT. 07/16/13; RECEIVED AND ASSIGNED to Budget and Finance Committee. 130701 [Real Property Lease Renewal - 3801-3rd Street, Suite 400 - Bayview Plaza, LLC, - $38,545 Monthly] Resolution retroactively authorizing the renewal lease for approximately 14,825 square feet of space at 3801-3rd Street, Suite 400, San Francisco, with Bayview Plaza, LLC, as Landlord, for use by the Department of Public Health at the monthly cost of $38,545 for the period of July 1, 2013, through June 30, 2018. (Real Estate Department) (Fiscal Impact) 07/05/13; RECEIVED FROM DEPARTMENT. 07/16/13; RECEIVED AND ASSIGNED to Budget and Finance Committee. 130702 [Lease Amendment - Gleneagles Golf Partners, LP - Estimated Annual Income $40,000] Resolution authorizing the Recreation and Park Department General Manager to enter into a first lease amendment with Gleneagles Golf Partners, LP, for the operation of the Gleneagles Golf Course in McLaren Park for the period of November 14, 2013, through November 13, 2022, for an estimated annual rental income of $40,000. (Recreation and Park Department) 07/08/13; RECEIVED FROM DEPARTMENT. 07/16/13; RECEIVED AND ASSIGNED to Budget and Finance Committee. City and County of San Francisco Page 484 Printed at 3:20 pm on 10/21/13 ### [Page 24](https://sfbos.info/documents/124/2013-07-16-minutes#page-24) Board of Supervisors Meeting Minutes 7/16/2013 130703 [Sale of Easement - Public Utilities Commission to Pacific Gas and Electric Company - Watershed Lands Near the Caltrans I-280 Crystal Springs Rest Stop - Unincorporated San Mateo County - $15,400] Resolution approving and authorizing the sale of an easement on the City and County of San Francisco’s property, consisting of approximately 23,000 square feet of watershed lands in unincorporated San Mateo County near the Caltrans I-280 Crystal Springs Rest Stop (the Easement Area or Crystal Springs Station) by the San Francisco Public Utilities Commission, for the price of $15,400; adopting findings under the California Environmental Quality Act; adopting findings that the conveyance is consistent with the General Plan and eight priority policies of Planning Code, Section 101.1; and authorizing the Director of Property to execute documents, make certain modifications, and take certain actions in furtherance of this Resolution. (Real Estate Department) 07/08/13; RECEIVED FROM DEPARTMENT. 07/16/13; RECEIVED AND ASSIGNED to Land Use and Economic Development Committee. 130704 [Agreement - Alliant Insurance Services, Inc. - Brokerage Services - Not to Exceed $19,520,840] Resolution authorizing the Director of the Risk Management Division of the Office of the City Administrator to execute a brokerage and risk management consulting services agreement with Alliant Insurance Services, Inc. for a not to exceed value of $22,000,000 with a term of up to two years, two months, pursuant to Charter Section 9.118. (City Administrator) 07/08/13; RECEIVED FROM DEPARTMENT. 07/16/13; RECEIVED AND ASSIGNED to Budget and Finance Committee. 130705 [Settlement of Unlitigated Claims - Donald Wiggam - $125,000] Resolution approving the settlement of the unlitigated claims filed by Donald Wiggam against the City and County of San Francisco for $125,000; claims were filed on October 22, 2011, August 9, 2012, and March 26, 2013. (City Attorney's Office) 07/08/13; RECEIVED FROM DEPARTMENT. 07/16/13; RECEIVED AND ASSIGNED to Rules Committee. In Memoriams Otto Tamaoaiga James Brown - Supervisors John Avalos and Malia Cohen Jazzie Collins - Supervisors Jane Kim, David Campos, David Chiu, and John Avalos Khin Win Min - Supervisor Jane Kim Lina Zhao Lim - Supervisor Jane Kim Toshi H. Sasaki - Supervisor Eric Mar Eric Ohena Lembembe - Supervisor Scott Wiener City and County of San Francisco Page 485 Printed at 3:20 pm on 10/21/13 ### [Page 25](https://sfbos.info/documents/124/2013-07-16-minutes#page-25) Board of Supervisors Meeting Minutes 7/16/2013 ADJOURNMENT There being no further business, the Board adjourned at the hour of 4:46 p.m. N.B. The Minutes of this meeting set forth all actions taken by the Board of Supervisors on the matters stated, but not necessarily the chronological sequence in which the matters were taken up. Approved by the Board of Supervisors on September 3, 2013. Angela Calvillo, Clerk of the Board City and County of San Francisco Page 486 Printed at 3:20 pm on 10/21/13