Board of Supervisors Minutes: July 30, 2013

130642 [Appointments, Commission of Animal Control and Welfare - Zachary Marks, Russell Tenofsky, Sally Stephens, and Jennifer Jameson] Motion appointing Zachary Marks, Russell Tenofsky, Sally Stephens, and Jennifer Jameson, terms ending April 30, 2015, to the Commission of Animal Control and Welfare. (Clerk of the Board) Motion No. M13-100 APPROVED The foregoing items were acted upon by the following vote:

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

Noes: None

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) Ordinance No. 190-13 FINALLY PASSED by the following vote:

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

Noes: None

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) Ordinance No. 176-13 FINALLY PASSED by the following vote:

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

Noes: Avalos, Breed, Campos, Kim, 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) Ordinance No. 177-13 FINALLY PASSED by the following vote:

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

Noes: None

Recommendations of the Rules Committee Supervisor Yee Excused from Voting Supervisor Campos, seconded by Supervisor Farrell, moved that Supervisor Yee be excused from voting on File No. 130336. The motion carried by the following vote:

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

Noes: None

Excused: Yee

Supervisor Kim Excused from Voting Supervisor Campos, seconded by Supervisor Avalos, moved that Supervisor Kim be excused from voting on File No. 130336. The motion carried by the following vote:

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

Noes: None

Excused: Kim, 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) Ordinance No. 191-13 FINALLY PASSED by the following vote:

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

Noes: None

Excused: Kim, Yee

City and County of San Francisco Page 520 Printed at 3:35 pm on 10/21/13 Board of Supervisors Meeting Minutes 7/30/2013 Supervisor Breed Excused from Voting Supervisor Campos, seconded by Supervisor Cohen, 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

Noes: None

Excused: Breed

Supervisor Cohen Excused from Voting Supervisor Campos, seconded by Supervisor Avalos, 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

Noes: None

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) Ordinance No. 192-13 FINALLY PASSED by the following vote:

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

Noes: None

Excused: Breed, Cohen

130324 [Airport Lease Modification - United Air Lines, Inc. - Plots 16 and 16B - $12,040,710 Annually] Resolution approving the execution of Modification No.5 to Lease L73-0066 at Plots 16 and 16B with United Air Lines, Inc. at San Francisco International Airport to: increase the ground rent to $12,040,710 per year; reduce the premises by 6.53 acres of land, resulting in a modified premises of approximately 124.13 acres, together with certain rights-of-way and easements; and grant a one-time option to relinquish up to thirty percent of the land comprising the Premises and equivalent land comprising the Employee Parking retroactively to July 1, 2013. (Airport Commission) (Fiscal Impact) Resolution No. 282-13 ADOPTED by the following vote:

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

Noes: None

130332 [Airport Lease and Use Agreement - China Eastern Airlines Corporation Limited and Scandinavian Airlines of North America, Inc.] Resolution approving the terms of 2011 Lease and Use Agreements between China Eastern Airlines Corporation Limited and Scandinavian Airlines of North America, Inc., respectively, and the City and County of San Francisco, acting by and through its Airport Commission, for a term ending in approximately eight years and two months. (Airport Commission) Resolution No. 283-13 ADOPTED by the following vote:

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

Noes: None

130333 [Airport Lease Amendments - Concessions] Resolution approving Amendment No. 2 to Boarding Area E Candy Kiosk Lease No. 08-0016 with Pacific Gateway Concessions, LLC; Terminal 3 Specialty Store Lease B No. 04-0167 with Marilla Chocolate Company; Airport Spa Lease No. 06-0242 with XpresSpa SF International, LLC; and Amendment No. 3 to Technology Stores and Accessories Lease No. 07-0108 with ILJ San Francisco, LLC, and the City and County of San Francisco, acting by and through its Airport Commission for a term of five years retroactively to May 1, 2012. (Airport Commission) Resolution No. 284-13 ADOPTED by the following vote:

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

Noes: None

130334 [Airport Lease Agreement - Pay Phone - Pelican Communications, Inc. - 20% of Gross Revenue] Resolution retroactively approving Amendment No. 1 to Lease No. 09-0229 with Pelican Communications, Inc., to lower rent to 20% of gross revenue for the period of December 1, 2012, through December 3, 2013. (Airport Commission) Resolution No. 285-13 ADOPTED by the following vote:

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

Noes: None

130493 [Agreement - State Contract Funds - Community Behavioral Health Services - Not to Exceed $238,581,122] Sponsor: Mayor Resolution retroactively approving an agreement between the California Department of Health Care Services and Community Behavioral Health Services to provide specialty mental health services not to exceed $238,581,122 for the period of May 1, 2013, through April 30, 2018. (Fiscal Impact) Resolution No. 286-13 ADOPTED by the following vote:

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

Noes: None

130496 [Accept and Expend Grant - Legal Educational Advocacy Program - $229,803] Sponsors: Campos; Mar Resolution authorizing the Public Defender’s Office to retroactively accept and expend a grant in the amount of $229,803 from the Board of State and Community Corrections for the purposes of implementing a Legal Educational Advocacy Program at the Public Defender’s Office for the period of January 1, 2013, through December 31, 2013. Resolution No. 287-13 ADOPTED by the following vote:

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

Noes: None

130516 [Emergency Contract - HHP Holm Powerhouse Unit 1 - Not to Exceed $521,465.07] Resolution approving an emergency public work contract of the Public Utilities Commission under San Francisco Administrative Code, Section 6.60, to replace the HHP Holm Powerhouse Unit 1 with a contract amount not to exceed $521,465.07. (Public Utilities Commission) (Fiscal Impact) Resolution No. 288-13 ADOPTED by the following vote:

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

Noes: None

130569 [Lease Amendment - Oliver de Silva, Inc. - Sunol Valley Quarry Lease] Resolution authorizing the General Manager of the San Francisco Public Utilities Commission to enter into an amendment to an existing quarry lease with Oliver de Silva, Inc., as Tenant, to add approximately 58 acres to the existing 308.5 leased premises located in the Sunol Valley, unincorporated Alameda County, with a term through the earlier of July 16, 2042, or completion of reclamation, pursuant to San Francisco Charter; adopting findings pursuant to the California Environmental Quality Act; and authorizing the General Manager of the San Francisco Public Utilities Commission to execute documents, make certain modifications, and take certain actions in furtherance of this Resolution for a potential increase in royalties due to increased production. (Public Utilities Commission) Resolution No. 289-13 ADOPTED by the following vote:

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

Noes: None

130617 [Design Agreement Amendment - Public Safety Building - Earthquake Safety Emergency Response Bond Program - $19,018,636.91] Sponsor: Mayor Resolution authorizing the Director of Public Works to execute an amendment to the design agreement in connection with the construction of a new public safety building under the Earthquake Safety Emergency Response Bond Program from $17,205,152 to $19,018,636.91 thereby increasing the amount by $1,813,484.91 through August 21, 2015. (Fiscal Impact) Resolution No. 290-13 ADOPTED by the following vote:

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

Noes: None

130620 [Accept and Expend Grant - Restoration of the Copra Crane and Removal of Pile Supported Wharf - Pier 84 on Islais Creek - $616,534] Sponsor: Mayor Resolution authorizing the Port of San Francisco to accept and expend a grant in the amount of $616,534 from the California Coastal Conservancy for the restoration of the Copra Crane and removal of pile supported wharf at Pier 84 on Islais Creek for a period of August 1, 2013, through August 1, 2014. Resolution No. 291-13 ADOPTED by the following vote:

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

Noes: None

130623 [Historical Property Contract - Jason H. Stein and Howard Stein - 201 Buchanan Street] Sponsors: Breed; Wiener Resolution under Administrative Code, Chapter 71, approving an historical property contract between Jason H. Stein and Howard Stein, the owners of 201 Buchanan Street, and the City and County of San Francisco; authorizing the Planning Director and the Assessor to execute the historical property contract. Resolution No. 292-13 ADOPTED by the following vote:

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

Noes: None

130648 [Agreement - ARAMARK Correctional Services, LLC - Not to Exceed $19,659,606] Resolution authorizing the Sheriff’s Department to retroactively enter into a contract agreement between the City and County of San Francisco and ARAMARK Correctional Services, LLC, for inmate meal services for a five year term beginning July 1, 2012, with two one-year options exercisable by the Sheriff’s Department, for an amount not to exceed $19,659,606. (Sheriff) (Fiscal Impact) Resolution No. 293-13 ADOPTED by the following vote:

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

Noes: None

130674 [Accept and Expend Gift - Enterprise Zone Hiring Tax Credit Web Application Development - $16,000] Sponsor: Mayor Resolution authorizing the Office of Economic and Workforce Development to retroactively accept and expend an in-kind gift valued at $16,000 from Firmstep for the development of the web-based Enterprise Zone hiring tax credit application. Resolution No. 294-13 ADOPTED by the following vote:

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

Noes: None

130675 [Accept and Expend Grant - California Tuberculosis Controller Association Project - $161,499] Sponsor: Mayor Resolution authorizing the Department of Public Health to retroactively accept and expend a grant in the amount of $161,499 from the California Department of Public Health, Tuberculosis Control Branch, to participate in a program entitled California Tuberculosis Controller Association Project for the period of July 1, 2013, through June 30, 2014; and waiving indirect costs. Resolution No. 295-13 ADOPTED by the following vote:

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

Noes: None

130676 [Accept and Expend Grant - Maternal, Child, and Adolescent Health FY2012-2013 Federal Grant Increase: Budget Revision 1 - $238,571] Sponsor: Tang Resolution authorizing the Department of Public Health to retroactively accept and expend a grant in the amount of $238,571 the original grant award amount of $1,457,719 was increased to $1,696,290 from California Department of Public Health to participate in a program entitled Maternal, Child, and Adolescent Health FY2012-2013 Federal Grant Increase: Budget Revision 1 for the period of January 1, 2013, through June 30, 2013. Resolution No. 296-13 ADOPTED by the following vote:

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

Noes: None

130688 [Agreement - Golden Gate Petroleum - Not to Exceed $94,000,000] Resolution authorizing the Purchaser and Director of Office of Contract Administration to execute an agreement with Golden Gate Petroleum for diesel, biodiesel, and gasoline fuel, for an amount not to exceed $94,000,000 for the term of September 1, 2013, through August 31, 2016, with two one-year options to extend for a total of five years, pursuant to Charter, Section 9.118(b). (Office of Contract Administration) (Fiscal Impact) Resolution No. 297-13 ADOPTED by the following vote:

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

Noes: None

130704 [Agreement - Alliant Insurance Services, Inc. - Brokerage Services - Not to Exceed $19,520,840] Resolution retroactively 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 $19,520,840 with a term of up to two years and one month with an option to extend the term for two additional two year terms, pursuant to San Francisco Charter, Section 9.118, for the period of June 1, 2013, through June 30, 2015. (City Administrator) Resolution No. 298-13 ADOPTED by the following vote:

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

Noes: None

ween the City and the Trustee to be named therein relating to certain City-owned property; approving the form of four separate Lease Agreements (including certain indemnities contained therein) between the City and the Trustee to be named therein; approving the form of an Escrow Agreement (including certain indemnities contained therein) between the City and an Escrow Agent to be named therein; approving the form of one or more Official Notice(s) of Sale and one or more Notice(s) of Intention to Sell the Refunding Certificates of Participation; authorizing certain actions relating to the Refunding Certificates of Participation, if sold by negotiated sale and approving the form of one or more Purchase Contract(s) between the City and the Underwriter(s) to be named therein; approving the form of an Official Statement in preliminary and final form; approving the form of a Continuing Disclosure Certificate; authorizing City officials to take necessary actions in connection with the authorization, sale, execution, and delivery of the Refunding Certificates of Participation; and ratifying previous actions taken in connection therewith. Resolution No. 299-13 ADOPTED by the following vote:

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

Noes: None

130707 [Appropriation - FY2013-2014 Refunding Certificates of Participation - $241,014,548] Sponsor: Mayor Ordinance appropriating $236,000,000 of one or more series of Refunding Certificates of Participation proceeds, de-appropriating Series 2001A Certificates of Participation of prior reserve funds of $2,386,750 and re-appropriating Refunding Certificates of Participation Series 2013-R1 of $2,386,750, de-appropriating Series 2003 Certificates of Participation of prior reserve funds of $2,627,798 and re-appropriating Refunding Certificates of Participation Series 2013-R2 of $2,627,798, and placing these funds for a total amount of $241,014,548 for FY2013-2014 on Controller’s reserve pending the sale of the Certificates of Participation in one or more series. (Fiscal Impact) PASSED, ON FIRST READING by the following vote:

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

Noes: None

130424 [Approval of Official Statement for Certificates of Participation - Port Facilities Project] Sponsor: Mayor Resolution providing for the sale of Certificates of Participation (Certificates) evidencing undivided, proportionate interests in the right to receive certain rental payments to be made by the City under a Project Lease to finance capital projects at the Port of San Francisco; providing for the sale of the Certificates by competitive sale; approving the form and publication of an Official Notice of Sale and a Notice of Intention to Sell the Certificates; approving the form of a Preliminary Official Statement and the form and execution of an Official Statement relating to the sale of the Certificates; approving the form of a Continuing Disclosure Certificate; granting general authority to City officials to take necessary actions in connection with the execution, sale and delivery of the Certificates; approving modifications to documents; and ratifying previous actions taken in connection therewith. Resolution No. 300-13 ADOPTED by the following vote:

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

Noes: None

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. Resolution No. 310-13 ADOPTED by the following vote:

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

Noes: None

130737 [Memoranda of Agreements - Treasure Island Development Authority and Yerba Buena Island Ramps Project - $81,700,000] Sponsor: Mayor Resolution retroactively approving two Memoranda of Agreements between the City, acting through the Treasure Island Development Authority and the San Francisco County Transportation Authority: 1) one for right of way services and the completion of engineering and design work, and authorizing the acceptance and subsequent transfer of real estate interests for the Yerba Buena Island Ramps Project; and 2) to complete the construction phases of the Yerba Buena Island Ramps Project; for a total of $81,700,000 for the period of July 1, 2013, through December 31, 2013; and making environmental review findings. Resolution No. 279-13 ADOPTED by the following vote:

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

Noes: None

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) Resolution No. 301-13 ADOPTED by the following vote:

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

Noes: None

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. Resolution No. 302-13 ADOPTED by the following vote:

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

Noes: None

130711 [Real Property Lease - 1740 Cesar Chavez Street - Potrero Investor I, LLC, and Potrero Investor II, LLC - $21,450 Monthly] Sponsor: Cohen Resolution authorizing a five year lease of approximately 11,000 square feet at 1740 Cesar Chavez Street from Potrero Investor I, LLC, and Potrero Investor II, LLC, for the Department of Human Resources at the monthly cost of $21,450 for the period of September 15, 2013, through September 15, 2018. (Fiscal Impact) Resolution No. 303-13 ADOPTED by the following vote:

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

Noes: None

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 one year terms at the Director of Transportation’s sole discretion for a total contract amount not to exceed $39,158,000 for the period of August 1, 2013, through July 31, 2015. Resolution No. 304-13 ADOPTED by the following vote:

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

Noes: None

120966 [Administrative Code - Healthy Food Retailer Incentives Program] Sponsors: Mar; Kim, Cohen, Chiu and Campos Ordinance amending the Administrative Code, by adding Chapter 59, Sections 59.1-59.9, to establish a Healthy Food Retailer Incentives Program to oversee and coordinate the City’s incentive and assistance programs for Healthy Food Retailers. Supervisor Campos requested to be added as a co-sponsor. PASSED, ON FIRST READING by the following vote:

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

Noes: None

130712 [Interim Zoning Controls - Specific Formula Retail Uses on Market Street, from 6th Street to Van Ness Avenue] Sponsors: Kim; Campos Resolution imposing interim zoning controls requiring conditional use authorization for formula retail uses, as defined, on Market Street, from 6th Street to Van Ness Avenue, subject to specified exceptions, for 18 months; and making findings, including findings of consistency with the priority policies of Planning Code, Section 101.1, and environmental findings. Supervisor Campos requested to be added as a co-sponsor. Resolution No. 305-13 ADOPTED by the following vote:

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

Noes: None

121016 [Liquor License - 3910 Geary Boulevard] Resolution determining that the issuance of a Type 48 on-sale general public premises license to Steve Ly for STCC, Inc., dba Kama Lounge, located at 3910 Geary Boulevard (District 1), will serve the public convenience or necessity of the City and County of San Francisco, in accordance with California Business and Professions Code, Section 23958.4, and recommending that the California Department of Alcoholic Beverage Control impose conditions on the issuance of the license. (Neighborhood Services and Safety Committee) Resolution No. 278-13 ADOPTED by the following vote:

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

Noes: None

130446 [Liquor License Transfer - 2675 Geary Boulevard] Resolution determining that the transfer of a Type 21 off-sale general license from 500-2nd Avenue to 2675 Geary Boulevard (District 2), to Beth Aboulafia for Target Corporation, dba City Target, will serve the public convenience or necessity of the City and County of San Francisco, in accordance with California Business and Professions Code, Section 23958.4, and recommending that the California Department of Alcoholic Beverage Control impose conditions on the issuance of the license. (Neighborhood Services and Safety Committee) Resolution No. 306-13 ADOPTED by the following vote:

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

Noes: None

voters an ordinance amending the Administrative Code to: allow San Francisco-based employees to request flexible or predictable working arrangements to assist with caregiving responsibilities, subject to the employer's right to deny a request based on business reasons; prohibit adverse employment actions based on caregiver status; prohibit interference with rights or retaliation against employees for exercising rights under the Ordinance; require employers to post a notice informing employees of their rights under the Ordinance; require employers to maintain records regarding compliance with the Ordinance; authorize enforcement by the Office of Labor Standards Enforcement, including the imposition of remedies and penalties for a violation, and an appeal process for an employer to an independent hearing officer; authorize waiver of the provisions of the Ordinance in a collective bargaining agreement; and making environmental findings, to the voters of the City and County of San Francisco at an election to be held on November 5, 2013. Supervisor Chiu, seconded by Supervisor Avalos, moved that this Motion be RE-REFERRED to the Rules Committee. The motion carried by the following vote:

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

Noes: None

130738 [Appointment, Entertainment Commission - Naomi Akers] Motion appointing Naomi Akers, term ending July 1, 2017, to the Entertainment Commission. (Clerk of the Board) Motion No. M13-103 APPROVED by the following vote:

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

Noes: None

solution be AMENDED on Page 1, Line 11, by deleting 'after the public hearing before'; on Line 12, by adding 'held a public hearing'; on Line 18, by deleting 'this Board does hereby confirm that the referenced Report of Delinquent Charges located in the Office of the Clerk of the Board of Supervisors, File No. 130670 and by reference made a part hereof, and be it'; beginning on Line 18, by adding 'RESOLVED, That the Board directs the Department of Building Inspection to review the Report of Delinquent Charges located in the Office of the Clerk of Board of Supervisors, File No. 130670, and to remove from that list any residences with assessments based on the addition of units without permit. The Department of Building Inspection shall provide a complete, final list to the Clerk of the Board by no later than August 2, 2013. It is the intent of the Board that the City will not impose liens based on this Resolution against any residences with additional units added without permit; and'; on Page 2, Line 5, by changing 'its' to 'the'; on Line 5, by adding 'as amended by the Department of Building Inspection to remove the properties listed above'. The motion carried by the following vote:

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

Noes: None

Resolution No. 280-13 ADOPTED AS AMENDED, after accepting the amendments to the accompanying report, by the following vote:

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

Noes: None

City and County of San Francisco Page 532 Printed at 3:35 pm on 10/21/13 Board of Supervisors Meeting Minutes 7/30/2013 Supervisor Farrell, seconded by Supervisor Mar, moved to consolidate the two hearing matters (File Nos. 130721 and 130725) related to the CEQA and Conditional Use Appeals for 4216 California Street into one single hearing. The motion passed by the following vote:

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

Noes: None

130722 [Affirming the Exemption Determination - 4216 California Street] Motion affirming the determination by the Planning Department that a project located at 4216 California Street is exempt from environmental review. (Clerk of the Board) Motion No. M13-101 Supervisor Farrell, 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, Tang, Wiener, Yee

Noes: Mar

130723 [Reversing the Exemption Determination - 4216 California Street] Motion reversing the determination by the Planning Department that a project located at 4216 California Street is exempt from environmental review. (Clerk of the Board) Supervisor Farrell, 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, Tang, Wiener, Yee

Noes: Mar

130724 [Preparation of Findings to Reverse the Exemption Determination - 4216 California Street] Motion directing the Clerk of the Board to prepare findings reversing the exemption determination by the Planning Department that a project located at 4216 California Street is exempt from environmental review. (Clerk of the Board) Supervisor Farrell, 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, Tang, Wiener, Yee

Noes: Mar

130726 [Approving the Conditional Use Authorization Decision - 4216 California Street] Motion approving decision of the Planning Commission by its Motion No. 18898, approving Conditional Use Authorization identified as Planning Case No. 2010.1034C on property located at 4216 California Street, and adopting findings pursuant to Planning Code Section 101.1. (Clerk of the Board) Motion No. M13-102 Supervisor Farrell, seconded by Supervisor Yee, moved that this Motion be APPROVED. The motion carried by the following vote:

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

Noes: Mar

130727 [Disapproving the Conditional Use Authorization Decision - 4216 California Street] Motion disapproving decision of the Planning Commission in Motion No. 18898 to approve Conditional Use Authorization identified as Planning Case No. 2010.1034C on property located at 4216 California Street. (Clerk of the Board) Supervisor Farrell, seconded by Supervisor Yee, moved that this Motion be TABLED. The motion carried by the following vote:

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

Noes: Mar

130728 [Preparation of Findings Related to the Conditional Use Authorization - 4216 California Street] Motion directing the Clerk of the Board to prepare findings relating to proposed Conditional Use Authorization identified as Planning Case No. 2010.1034C on property located at 4216 California Street. (Clerk of the Board) Supervisor Farrell, seconded by Supervisor Yee, moved that this Motion be TABLED. The motion carried by the following vote:

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

Noes: Mar

130520 [Liquor License Transfer - 810 Mission Street] Resolution determining that the premise-to-premise transfer of a Type 21 off-sale general license from 810 Mission Street to 810 Mission Street (District 6), to Sylvain Montassier for TamerSF, Inc., dba SF Deli and Wine, will serve the public convenience or necessity of the City and County of San Francisco, in accordance with California Business and Professions Code, Section 23958.4 . (Neighborhood Services and Safety Committee) Resolution No. 307-13 ADOPTED by the following vote:

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

Noes: None

130756 [Major Street Encroachment - Chinese Hospital - 835 Jackson Street] Sponsors: Chiu; Mar Resolution granting revocable permission to the Chinese Hospital to occupy a portion of the public right-of-way to construct, install, and maintain the following infrastructure improvements: one 5,000 gallon fuel oil storage tank and four Pacific Gas & Electric Company transformer vaults at the Jackson Street frontage, a new 10” sewer line, under the sidewalk and parallel to the property line, two 6,000 gallon sewer holding tanks, one new rain water storage tank, and two pump station vaults at the James Place frontage, for hospital operations at 835 Jackson Street (Assessor’s Block No. 0192, Lot No. 041), conditioned upon the payment of an annual assessment fee of $1,913; and making environmental findings, findings of consistency with the General Plan, and the priority policies of Planning Code, Section 101.1. Supervisor Mar requested to be added as a co-sponsor. Resolution No. 308-13 ADOPTED by the following vote:

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

Noes: None

130761 [Final Map 6333 - 178 Townsend Street] Motion approving Final Map 6333, a 94 Residential Unit and Two Commercial Unit, Mixed-Use Condominium Project, located at 178 Townsend Street being a subdivision of Assessor’s Block No. 3788, Lot No. 012, and adopting findings pursuant to the General Plan and City Planning Code, Section 101.1. (Public Works Department) Motion No. M13-105 APPROVED The foregoing items were acted upon by the following vote:

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

Noes: None

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 Farrell, moved that this Motion 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

Noes: None

Motion No. M13-106 APPROVED AS AMENDED by the following vote:

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

Noes: None

130804 [Supporting the Historic Marcus Books-Jimbo's Bop City Building] Sponsors: Breed; Cohen, Campos, Kim, Chiu, Farrell, Avalos and Mar Resolution supporting the preservation of the historic Marcus Books-Jimbo's Bop City building on Fillmore Street and urging its current owners to sell it to an owner who will uphold the building's community serving purposes. The President inquired as to whether any member of the public wished to address the Board relating to File No. 130804. Ken Johnson; Mary Johnson; Linda Thomas; Gail Meadows; Katia Hawkins; David Cee; Karen Kai; Eugene Davis; Emil Lawrence; Betty Tillman; Rick; Male Speaker; Douglas Yepp; spoke in support of the Historic Marcus-Books-Jimbo's Bop City building. There were no other speakers. The President declared public comment closed. Resolution No. 315-13 ADOPTED by the following vote:

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

Noes: None