Board of Supervisors Minutes: July 23, 2013

130693 [Appointment, Wage Theft Task Force - Winifred Kao] Motion appointing Winifred Kao, term ending October 2, 2013, to the Wage Theft Task Force. (Clerk of the Board) Motion No. M13-094 APPROVED The foregoing items were acted upon by the following vote:

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

130535 [Proposed Budget and Annual Appropriation Ordinance - FYs 2013-2014 and 2014-2015] Sponsor: Mayor Proposed Budget and Annual Appropriation Ordinance appropriating all estimated receipts and all estimated expenditures for Departments of the City and County of San Francisco as of July 11, 2013, for the FYs ending June 30, 2014, and June 30, 2015. (Fiscal Impact) Ordinance No. 159-13 FINALLY PASSED by the following vote:

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

130536 [Annual Salary Ordinance - FYs 2013-2014 and 2014-2015] Sponsor: Mayor Annual Salary Ordinance enumerating positions in the Annual Budget and Appropriation Ordinance for the FYs ending June 30, 2014, and June 30, 2015, continuing, creating, or establishing these positions; enumerating and including therein all positions created by Charter or State law for which compensations are paid from City and County funds and appropriated in the Annual Appropriation Ordinance; authorizing appointments or continuation of appointments thereto; specifying and fixing the compensations and work schedules thereof; and authorizing appointments to temporary positions and fixing compensations therefore. Ordinance No. 160-13 FINALLY PASSED by the following vote:

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

130537 [Lease and Management Agreement - Botanical Garden Society - Waiving Fees - Botanical Garden at Strybing Arboretum in Golden Gate Park] Sponsor: Mayor Ordinance approving and authorizing a Lease and Management Agreement between the City and the San Francisco Botanical Garden Society for the San Francisco Botanical Garden at Strybing Arboretum in Golden Gate Park, with an initial term of 10 years with two 10-year extension options; waiving the non-resident admission fee in Park Code, Section 12.46(d) for certain persons and entities as set forth in the Lease and Management Agreement; ratifying prior acts in connection with this Ordinance; and making environmental findings. Ordinance No. 162-13 FINALLY PASSED by the following vote:

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

Noes: Avalos, Campos, Mar

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. Ordinance No. 173-13 FINALLY PASSED by the following vote:

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

Noes: Avalos, Campos, Mar

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. Ordinance No. 161-13 FINALLY PASSED by the following vote:

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

130616 [Alternative Bid Process to Award Contracts to Certain Core Trade Subcontractors to Perform Pre-Construction Design-Assist Services - Moscone Expansion Project] Sponsor: Mayor Ordinance authorizing the San Francisco Department of Public Works to implement an alternative bid process to award contracts to certain Core Trade Subcontractors to provide pre-construction design-assist services for the proposed Moscone Expansion Project. Privilege of the floor was granted to Brook Mebrahtu (Department of Public Works) who responded to questions raised throughout the discussion. PASSED, ON FIRST READING by the following vote:

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

130497 [Emergency Contract - Southeast Water Pollution Control Plant at 750 Phelps Street - Not to Exceed $10,335,427] Sponsor: Cohen Resolution approving two emergency Public Works contracts of the San Francisco Public Utilities Commission under Administrative Code, Section 6.60, to replace the unstable roofs on six digesters and two biosolids storage cake bins at the Southeast Water Pollution Control Plant at 750 Phelps Street with a contract amount not to exceed $10,335,427. (Fiscal Impact) Resolution No. 265-13 ADOPTED by the following vote:

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

130511 [Contract Amendment - HealthRIGHT 360 - $18,471,407] Resolution retroactively approving an amendment to the contract between the Department of Public Health and HealthRIGHT 360 to provide mental health and substance abuse care services in the San Francisco County Jail system to extend the term by two and one half years, from the period of July 1, 2010, through June 30, 2012, to the period of July 1, 2010, through December 31, 2015, for a total contract term of five and one half years, and to increase the total contract amount by $8,472,407 from $9,999,000 to $18,471,407. (Public Health Department) Resolution No. 258-13 ADOPTED by the following vote:

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

130512 [Contract Amendment - West Bay Housing Corporation - $25,060,995] Resolution retroactively approving an amendment to the contract between the Department of Public Health and West Bay Housing Corporation to provide Scattered Site Housing and Rental Subsidies Program Services to extend the term from April 1, 2009, through June 30, 2013, to April 1, 2009, through June 30, 2018, and to increase the total contract amount by $15,491,565 from $9,569,430 to $25,060,995. (Public Health Department) Resolution No. 259-13 ADOPTED by the following vote:

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

130513 [Contract - MedImpact Healthcare Systems, Inc. - $21,593,120] Resolution retroactively approving a contract between the Department of Public Health and MedImpact Healthcare Systems, Inc., to provide Pharmacy Benefits Management Services, including computerized approval of prescriptions at a network of community pharmacies for Community Behavioral Health Services clients who do not have prescription drug insurance, in the amount of $21,593,120 for the period of July 1, 2013, through June 30, 2018. (Public Health Department) Resolution No. 260-13 ADOPTED by the following vote:

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

130514 [Contract Amendment - Siemens Medical Solutions USA, Inc. - Not to Exceed $52,294,980] Resolution authorizing the Department of Public Health to enter into a contract amendment with Siemens Medical Solutions USA, Inc., for the purchase of product and service enhancements for the term of July 1, 2010, through June 30, 2017, with one option to extend the initial term for an additional 24 months, ending June 30, 2019, for an amount not to exceed 52,294,980. (Public Health Department) Resolution No. 261-13 ADOPTED by the following vote:

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

130517 [Emergency Contract - Declaration of Emergency - North Shore Force Main - Not to Exceed $7,575,529] Resolution approving a Declaration of Emergency and emergency contract to repair leaks along the North Shore Force Main in the amount not to exceed $7,575,529. (Public Utilities Commission) Resolution No. 266-13 ADOPTED by the following vote:

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

130532 [Agreement Amendments - Crestwood Behavioral Health Services and Mental Health Management, Inc. Canyon Manor - $78,285,998] Resolution retroactively approving an amendment to each of two agreements for long term mental health services in 24-hour locked facilities between the Department of Public Health and Crestwood Behavioral Health Services, by $3,010,995 from $48,717,156 to $51,728,151; Mental Health Management I, Inc., dba Canyon Manor, by $5,564,089 from $20,966,758 to $26,530,847 for a combined increase of $78,285,998 with an extension of the term of eighteen months, for a total contract term of October 1, 2008, through December 31, 2014. (Public Health Department) (Fiscal Impact) Resolution No. 262-13 ADOPTED by the following vote:

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

130619 [Accept and Expend Gift - Mayor’s Earth Day Breakfast - $12,500] Sponsor: Mayor Resolution authorizing the Department of the Environment to retroactively accept and expend a gift in the amount of $12,500 from Citibank to sponsor the Mayor’s Annual Earth Day Breakfast which took place at City Hall on April 24, 2013. Resolution No. 269-13 ADOPTED by the following vote:

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

130645 [Lease Amendment - Real Property at 720 Sacramento Street - Ridgeway Apartments, Inc. - $26,980 Monthly] Resolution retroactively authorizing the second lease amendment for approximately 9,250 square feet of space at 720 Sacramento Street, San Francisco, with Ridgeway Apartments, Inc., as Landlord, for use by the Department of Public Health at the monthly cost of $26,980 for the period of July 1, 2013, through June 30, 2018. (Real Estate Department) (Fiscal Impact) Resolution No. 271-13 ADOPTED by the following vote:

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

130649 [Accept and Expend Grant - Community Scale Renewable Energy Integration - Central Corridor EcoDistrict - $300,000] Resolution authorizing the Department of the Environment to retroactively accept and expend a grant of $300,000 from the California Energy Commission for the purpose of exploring Community Scale Renewable Energy Integration in San Francisco’s Central Corridor Eco-District for the term June 1, 2013, through March 31, 2015. (Environment) Resolution No. 272-13 ADOPTED by the following vote:

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

130657 [Accept Gifts - EcoCenter - 1455 Market Street - $114,600] Sponsor: Mayor Resolution authorizing the Department of the Environment to retroactively accept gifts with a total value of $114,600 to build out the Department of the Environment’s EcoCenter at 1455 Market Street. Resolution No. 274-13 ADOPTED by the following vote:

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

130719 [Professional Services Agreement - Budget and Legislative Analyst Services] Motion authorizing the Clerk of the Board of Supervisors to commence negotiations and enter into a Professional Services Agreement for Budget and Legislative Analyst Services with Harvey M. Rose Associates, LLC, Debra A. Newman, Louie & Wong, LLP, a Joint Venture and approving said agreement, pursuant to Charter Section 2.117. (Clerk of the Board) (Fiscal Impact) Motion No. M13-095 APPROVED by the following vote:

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

130653 [Administrative Code - Health Service System Plans and Contribution Rates - Calendar Year 2014] Sponsor: Farrell Ordinance amending the Administrative Code, Chapter 16, Article XV, of Part 1, Section 16.703, regarding Board approval of health service system plans and contribution rates for calendar year 2014. (Fiscal Impact) Privilege of the floor was granted to Catherine Dodd, Ph.D., Director, Health Service Systems, who responded to questions raised throughout the discussion. PASSED ON FIRST READING by the following vote:

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

130654 [Establishing Monthly Contribution Amount - Health Service Trust Fund] Sponsor: Farrell Resolution establishing monthly contribution amount to the Health Service Trust Fund. Privilege of the floor was granted to Catherine Dodd, Ph.D., Director, Health Service Systems, who responded to questions raised throughout the discussion. Resolution No. 273-13 ADOPTED by the following vote:

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

130527 [General Plan - San Francisco Bicycle Transportation Plan] Sponsors: Avalos; Chiu, Wiener, Campos, Mar and Kim Ordinance re-adopting the 2009 San Francisco Bicycle Transportation Plan; rescinding Ordinance No. 0109-05 in its entirety; amending the General Plan in connection with the San Francisco Bicycle Plan; adopting modified environmental findings, and findings that the General Plan amendment is consistent with the General Plan and the eight priority policies of Planning Code, Section 101.1; and authorizing official acts in connection thereto. Supervisors Campos, Mar, and Kim requested to be added as co-sponsors. PASSED, ON FIRST READING by the following vote:

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

130528 [Planning, Environment Codes - Bicycle Parking Standards; In Lieu Fee] Sponsors: Avalos; Chiu, Wiener, Mar, Kim and Campos Ordinance amending the Planning Code to revise the bicycle parking standards, allow a portion of the bicycle parking requirements to be satisfied by payment of an in lieu fee, allow automobile parking spaces to be reduced and replaced by bicycle parking spaces, and authorize the Zoning Administrator to waive or modify required bicycle parking; amending the Environment Code to revise cross-references to the Planning Code and make technical amendments; and making environmental findings and findings of consistency with the General Plan and the priority policies of Planning Code, Section 101.1. Supervisors Mar, Kim, and Campos requested to be added to as co-sponsors. PASSED, ON FIRST READING by the following vote:

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

130661 [Police Code - Aerial Signs and Advertising] Ordinance amending the Police Code to prohibit the use of aircraft, self-propelled, or buoyant objects to display any sign or advertising device in the airspace over the 34th America’s Cup course area; and making environmental findings. (Department of Economic and Workforce Development) Privilege of the floor was granted to Jon Givner, Deputy City Attorney, and Michael Martin (Office of Economic and Workforce Development) who responded to questions raised throughout the discussion. Supervisor Chiu, seconded by Supervisor Yee, moved that this Ordinance be AMENDED on Page 4, Line 10, by adding '(c) Section 4901 shall not apply to any person who has a valid certificate of authorization or waiver from the Federal Aviation Administration authorizing the use of any type of aircraft or other self-propelled or buoyant airborne object as prohibited by Section 4901.' The motion carried by the following vote:

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

Noes: Avalos

NOT PASSED ON FIRST READING AS AMENDED by the following vote:

Ayes: Chiu, Farrell, Mar, Tang, Wiener

Noes: Avalos, Breed, Campos, Cohen, Kim, Yee

Supervisor Wiener, seconded by Supervisor Cohen, moved to rescind the previous vote. The motion carried by the following vote:

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

PASSED ON FIRST READING AS AMENDED by the following vote:

Ayes: Chiu, Cohen, Farrell, Mar, Tang, Wiener

Noes: Avalos, Breed, Campos, Kim, Yee

130647 [Approving Inclusionary Affordable Housing Program Ordinance] Motion approving the Inclusionary Affordable Housing Program Ordinance recommending a standard to determine what constitutes a “significant increase in residential development potential” under Charter Section 16.110(h)(1)(B)(iv). (Land Use and Economic Development Committee) Motion No. M13-097 APPROVED by the following vote:

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

130460 [Administrative Code - Airport Facilities Naming Advisory Committee] Sponsors: Campos; Wiener, Avalos, Kim, Mar, Yee and Chiu Ordinance amending the Administrative Code to establish the Airport Facilities Naming Advisory Committee and to establish its powers and duties. PASSED, ON FIRST READING by the following vote:

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

130409 [Appointment, Police Commission - Petra DeJesus] Motion confirming the Rules Committee's nomination of, and appointing, Petra DeJesus, term ending April 30, 2017, to the Police Commission. (Clerk of the Board) Motion No. M13-098 APPROVED by the following vote:

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

130636 [Resolution to Establish - Top of Broadway Community Benefit District] Sponsor: Chiu Resolution establishing a property-based business improvement district known as the “Top of Broadway Community Benefit District;” ordering the levy and collection of assessments against property located in that district for eight years commencing with FY2013-2014, subject to conditions as specified; and making environmental findings. Angela Calvillo, Clerk of the Board, informed the Board of Supervisors that the returned weighted ballots voting for the Top of Broadway Community Benefit District was 56.16%, and the returned weighted ballots voting against the Top of Broadway Community Benefit District was 43.84%, further indicating there was no majority protest. Resolution No. 263-13 ADOPTED by the following vote:

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

130638 [Resolution to Establish (Renew and Expand) - Central Market Community Benefit District] Sponsor: Kim Resolution of formation to establish (renew and expand) the property-based business improvement district known as the “Central Market Community Benefit District,” ordering the levy and collection of assessments against property located in that district for 15 years commencing with FY2013-2014, subject to conditions as specified; and making environmental findings. Angela Calvillo, Clerk of the Board, informed the Board of Supervisors that the returned weighted ballots voting for the Cental Market Community Benefit District was 67.15%, and the returned weighted ballots voting against the Central Market Community Benefit District was 32.85%, further indicating there was no majority protest. Resolution No. 264-13 ADOPTED by the following vote:

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

130665 [Affirming Approval of a Major Permit to Alter - 706 Mission Street] Motion affirming the approval by the Historic Preservation Commission of a Major Permit to Alter to allow the interior and exterior rehabilitation of the Aronson Building at 706 Mission Street and related new construction. (Clerk of the Board) Motion No. M13-096 Supervisor Kim, seconded by Supervisor Avalos, moved that this Motion be APPROVED. The motion carried by the following vote:

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

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

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

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

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

130336 [Settlement of Lawsuit - Rosemary Bosque - $49,505.70] Ordinance authorizing settlement of the lawsuit filed by Rosemary Bosque against the City and County of San Francisco for $49,505.70; the lawsuit was filed on May 14, 2010, in San Francisco Superior Court, Case No. CGC-10-499909, entitled Bosque v. City and County of San Francisco. (City Attorney's Office) PASSED ON FIRST READING by the following vote:

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

Excused: Kim, Yee

City and County of San Francisco Page 502 Printed at 3:28 pm on 10/21/13 Board of Supervisors Meeting Minutes 7/23/2013 Supervisors Breed Excused from Voting Supervisor Campos, seconded by Supervisor Yee, moved that Supervisor Breed be excused from voting on File No. 130449. The motion carried by the following vote:

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

Excused: Breed

Supervisors Cohen Excused from Voting Supervisor Yee, seconded by Supervisor Campos, moved that Supervisor Cohen be excused from voting on File No. 130449. The motion carried by the following vote:

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

Excused: Breed, Cohen

130449 [Settlement of Lawsuit - Jesse J. Byrd - $75,000] Ordinance authorizing settlement of the lawsuit filed by Jesse J. Byrd, Malik Britt, and Rashad Conley against the City and County of San Francisco for $75,000; the lawsuit was filed on April 8, 2011, in U.S. District Court, Northern District of California, Case No. C11-1742-DMR; entitled Jesse J. Byrd, et al., v. City and County of San Francisco, et al. (City Attorney's Office) PASSED ON FIRST READING by the following vote:

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

Excused: Breed, Cohen

130507 [Settlement of Lawsuit - Local Search Association - $85,000] Ordinance authorizing settlement of the lawsuit filed by Local Search Association against the City and County of San Francisco for $85,000; the lawsuit was filed on June 7, 2011, in the U.S. District Court for the Northern District of California, Case No. CV-11-2776 SBA; entitled Local Search Association v. City and County of San Francisco, et al.; other material terms of said settlement are that the parties shall stipulate to entry of a consent judgment against the City and County of San Francisco. (City Attorney's Office) PASSED, ON FIRST READING by the following vote:

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

130529 [Settlement of Lawsuit - Paulette Adams-Irving - $350,000] Ordinance authorizing settlement of the lawsuit filed by Paulette Adams-Irving against the City and County of San Francisco for $350,000.00; the lawsuit was filed on March 15, 2011, in San Francisco Superior Court, Case No. CGC 11-509216; entitled Paulette Adams-Irving v. City and County of San Francisco, et al. (City Attorney's Office) PASSED, ON FIRST READING by the following vote:

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

130530 [Settlement of Lawsuit - Maria Camacho - $50,000] Ordinance authorizing settlement of the lawsuit filed by Maria Camacho against the City and County of San Francisco for $50,000; the lawsuit was filed on March 7, 2012, in San Francisco Superior Court, Case No. CGC 12-517261; entitled Maria Camacho, et al., v. City and County of San Francisco, et al. (City Attorney's Office) PASSED, ON FIRST READING by the following vote:

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

130643 [Settlement of Lawsuit - Maria D’Agostino - $135,000] Ordinance authorizing settlement of the lawsuit filed by Maria D’Agostino against the City and County of San Francisco for $135,000; the lawsuit was filed on June 15, 2012, in San Francisco Superior Court, Case No. CGC-12-521615; entitled Maria D’Agostino, et al., v. City and County of San Francisco, et al. (City Attorney's Office) PASSED, ON FIRST READING by the following vote:

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

130644 [Settlement of Lawsuit - Wei Vivian Cui - $30,000] Ordinance authorizing settlement of the lawsuit filed by Wei Vivian Cui against the City and County of San Francisco for $30,000; the lawsuit was filed on November 3, 2011, in San Francisco County Superior Court, Case No. CGC-11-515654; entitled Wei Vivian Cui v. City and County of San Francisco, et al. (City Attorney's Office) PASSED, ON FIRST READING by the following vote:

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

130531 [Settlement of Claim - Travelers Insurance Company and Connie Curran - $42,876.54] Resolution approving the proposed settlement of claim filed by Travelers Insurance Company and Connie Curran against the City and County of San Francisco for $42,876.54; claim was filed on November 15, 2011, bearing Claim No. 12-01124. (City Attorney's Office) Resolution No. 267-13 ADOPTED by the following vote:

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

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) Resolution No. 268-13 ADOPTED by the following vote:

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

130634 [Settlement of Administrative Enforcement Action - $51,000] Resolution approving the settlement of the unlitigated administrative enforcement action filed by the San Francisco Bay Regional Water Quality Control Board against San Francisco imposing a penalty of $51,000. (Public Utilities Commission) Resolution No. 270-13 ADOPTED by the following vote:

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

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) Resolution No. 275-13 ADOPTED by the following vote:

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

130186 [Environment Code - Repealing Yellow Pages Distribution Pilot Program] Sponsors: Chiu; Mar Ordinance amending the Environment Code by repealing Yellow Pages Distribution Pilot Program. PASSED, ON FIRST READING by the following vote:

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

130459 [Planning Code - Mission Alcoholic Beverage Special Use District and Valencia Street Neighborhood Commercial Transit District] Sponsors: Campos; Wiener Ordinance amending the Planning Code, Mission Alcoholic Beverage Special Use District controls, to allow the transfer of liquor licenses and relocation of uses under specified circumstances, to restrict the sale of alcohol for off-site consumption, and to exempt from the controls grocery stores and certain institutional, arts, and other uses; establishing operating conditions for certain establishments with a liquor license; amending the Valencia Street Neighborhood Commercial Transit District controls to restrict the conversion of existing ground floor retail uses to restaurants; 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. PASSED, ON FIRST READING by the following vote:

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

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. PASSED, ON FIRST READING by the following vote:

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

130570 [Planning Code, Zoning Map - Yerba Buena Center Mixed-Use Special Use District] Ordinance amending the Planning Code and Zoning Map, by adding Section 249.71, to create the Yerba Buena Center Mixed-Use Special Use District (SUD) located at 706 Mission Street, Assessor’s Block No. 3706, Lot No. 093, and portions of Lot No. 277, to facilitate the development of the 706 Mission Street, The Mexican Museum and Residential Tower Project, by modifying specific Planning Code regulations related to permitted uses, the provision of a cultural/museum use within the SUD, floor area ratio limitations, dwelling unit exposure, height of rooftop equipment, bulk limitations, and curb cut locations; amending the Zoning Map to add the SUD and increase the height of property in the SUD from 400 feet to 480 feet; and making environmental findings and findings of consistency with the General Plan. (Planning Commission) PASSED ON FIRST READING by the following vote:

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

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) Motion No. M13-099 APPROVED The foregoing items were acted upon by the following vote:

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

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. Privilege of the floor was granted to Catherine Dodd, Ph.D., Director, Health Service Systems, who responded to questions raised throughout the discussion. The President inquired as to whether any member of the public wished to address the Board relating to File No. 130748. Jane Manning; Female Speaker; Male Speaker; Claire Zvansky; expressed various concerns relating to Kaiser and transparency. There were no other speakers. The President declared public comment closed. Supervisor Campos, seconded by Supervisor Farrell, moved that this Resolution be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE. The motion carried by the following vote:

Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, 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; requesting the Health Service System to report back to the Board of Supervisors on the progress of negotiations; and urging the California State Legislature to pass Senate Bill 746 to require health plans to disclose data. Supervisor Campos, seconded by Supervisor Farrell, moved that this Resolution be CONTINUED AS AMENDED to July 30, 2013. The motion carried by the following vote:

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

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. Supervisor Breed, seconded by Supervisor Wiener, AMENDED on Page 1, Line 17, by deleting 'the' and 'to be', and Line 18, by adding '(Additional Ancillary Projects)'. The motion carried by the following vote:

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

(Fiscal Impact) Supervisor Campos requested to be added as a co-sponsor. Resolution No. 277-13 ADOPTED AS AMENDED by the following vote:

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

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) Supervisor Wiener, seconded by Supervisor Mar, moved that this Motion be CONTINUED to July 30, 2013. The motion carried by the following vote:

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