# Board of Supervisors Minutes: July 30, 2013 - Meeting date: 2013-07-30 - Document type: minutes - Pages in official PDF: 34 - [Canonical HTML transcript](https://sfbos.info/documents/128/2013-07-30-minutes) - [Authoritative City PDF](https://sfgov.legistar.com/View.ashx?M=M&ID=258940&GUID=091D9EE4-22C5-4380-84C0-047BA3424847) > This text was extracted for search and accessibility. The linked City PDF is the authoritative public record. ## Structured legislative records ### File 130616: Alternative Bid Process to Award Contracts to Certain Core Trade Subcontractors to Perform Pre-Construction Design-Assist Services - Moscone Expansion Project - Pages: 2-3 ### File 130186: Environment Code - Repealing Yellow Pages Distribution Pilot Program - Pages: 3 ### File 130459: Planning Code - Mission Alcoholic Beverage Special Use District and Valencia Street Neighborhood Commercial Transit District - Pages: 3 ### File 130464: Administrative Code - California Environmental Quality Act Procedures, Appeal of Exempt Project Modification - Pages: 3 ### File 130527: General Plan - San Francisco Bicycle Transportation Plan - Pages: 3-4 ### File 130528: Planning, Environment Codes - Bicycle Parking Standards; In Lieu Fee - Pages: 4 ### 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: 4 ### File 130460: Administrative Code - Airport Facilities Naming Advisory Committee - Pages: 4 ### File 130507: Settlement of Lawsuit - Local Search Association - $85,000 - Pages: 4-5 ### File 130529: Settlement of Lawsuit - Paulette Adams-Irving - $350,000 - Pages: 5 ### File 130530: Settlement of Lawsuit - Maria Camacho - $50,000 - Pages: 5 ### File 130643: Settlement of Lawsuit - Maria D’Agostino - $135,000 - Pages: 5 ### File 130644: Settlement of Lawsuit - Wei Vivian Cui - $30,000 - Pages: 5 ### File 130642: Appointments, Commission of Animal Control and Welfare - Zachary Marks, Russell Tenofsky, Sally Stephens, and Jennifer Jameson - Pages: 5-6 - Vote 1: approval, likely final - Action: 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 ### File 130653: Administrative Code - Health Service System Plans and Contribution Rates - Calendar Year 2014 - Pages: 6 - Vote 1: final-passage, likely final - Action: 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 ### File 130661: Police Code - Aerial Signs and Advertising - Pages: 6-7 - Vote 1: final-passage, likely final - Action: 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 ### File 130570: Planning Code, Zoning Map - Yerba Buena Center Mixed-Use Special Use District - Pages: 7 - Vote 1: final-passage, likely final - Action: 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 - Vote 2: other - Action: 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 - Excused: Yee - Vote 3: other - Action: 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 - Excused: Kim, Yee ### File 130336: Settlement of Lawsuit - Rosemary Bosque - $49,505.70 - Pages: 7-8 - Vote 1: final-passage, likely final - Action: 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 - Excused: Kim, Yee - Vote 2: other - Action: 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 - Excused: Breed - Vote 3: other - Action: 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 - Excused: Breed, Cohen ### File 130449: Settlement of Lawsuit - Jesse J. Byrd - $75,000 - Pages: 8 - Vote 1: final-passage, likely final - Action: 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 - Excused: Breed, Cohen ### File 130324: Airport Lease Modification - United Air Lines, Inc. - Plots 16 and 16B - $12,040,710 Annually - Pages: 8-9 - Vote 1: adoption, likely final - Action: 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 ### File 130332: Airport Lease and Use Agreement - China Eastern Airlines Corporation Limited and Scandinavian Airlines of North America, Inc. - Pages: 9 - Vote 1: adoption, likely final - Action: 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 ### File 130333: Airport Lease Amendments - Concessions - Pages: 9 - Vote 1: adoption, likely final - Action: 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 ### File 130334: Airport Lease Agreement - Pay Phone - Pelican Communications, Inc. - 20% of Gross Revenue - Pages: 9 - Vote 1: adoption, likely final - Action: 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 ### File 130493: Agreement - State Contract Funds - Community Behavioral Health Services - Not to Exceed $238,581,122 - Pages: 9-10 - Vote 1: adoption, likely final - Action: 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 ### File 130496: Accept and Expend Grant - Legal Educational Advocacy Program - $229,803 - Pages: 10 - Vote 1: adoption, likely final - Action: 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 ### File 130516: Emergency Contract - HHP Holm Powerhouse Unit 1 - Not to Exceed $521,465.07 - Pages: 10 - Vote 1: adoption, likely final - Action: 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 ### File 130569: Lease Amendment - Oliver de Silva, Inc. - Sunol Valley Quarry Lease - Pages: 10 - Vote 1: adoption, likely final - Action: 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 ### File 130617: Design Agreement Amendment - Public Safety Building - Earthquake Safety Emergency Response Bond Program - $19,018,636.91 - Pages: 10-11 - Vote 1: adoption, likely final - Action: 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 ### File 130620: Accept and Expend Grant - Restoration of the Copra Crane and Removal of Pile Supported Wharf - Pier 84 on Islais Creek - $616,534 - Pages: 11 - Vote 1: adoption, likely final - Action: 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 ### File 130623: Historical Property Contract - Jason H. Stein and Howard Stein - 201 Buchanan Street - Pages: 11 - Vote 1: adoption, likely final - Action: 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 ### File 130648: Agreement - ARAMARK Correctional Services, LLC - Not to Exceed $19,659,606 - Pages: 11 - Vote 1: adoption, likely final - Action: 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 ### File 130674: Accept and Expend Gift - Enterprise Zone Hiring Tax Credit Web Application Development - $16,000 - Pages: 11-12 - Vote 1: adoption, likely final - Action: 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 ### File 130675: Accept and Expend Grant - California Tuberculosis Controller Association Project - $161,499 - Pages: 12 - Vote 1: adoption, likely final - Action: 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 ### File 130676: Accept and Expend Grant - Maternal, Child, and Adolescent Health FY2012-2013 Federal Grant Increase: Budget Revision 1 - $238,571 - Pages: 12 - Vote 1: adoption, likely final - Action: 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 ### File 130688: Agreement - Golden Gate Petroleum - Not to Exceed $94,000,000 - Pages: 12 - Vote 1: adoption, likely final - Action: 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 ### File 130704: Agreement - Alliant Insurance Services, Inc. - Brokerage Services - Not to Exceed $19,520,840 - Pages: 12-13 - Vote 1: adoption, likely final - Action: 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 ### File 130709: Refunding Certificates of Participation, Series 2013 - Not to Exceed $236,000,000 - Pages: 13 - Vote 1: adoption, likely final - Action: 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 ### File 130707: Appropriation - FY2013-2014 Refunding Certificates of Participation - $241,014,548 - Pages: 13-14 - Vote 1: first-reading - Action: 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 ### File 130424: Approval of Official Statement for Certificates of Participation - Port Facilities Project - Pages: 14 - Vote 1: adoption, likely final - Action: 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 ### File 130736: Transfer of Administrative Jurisdiction - Pier 27 - Pages: 14 - Vote 1: adoption, likely final - Action: 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 ### File 130737: Memoranda of Agreements - Treasure Island Development Authority and Yerba Buena Island Ramps Project - $81,700,000 - Pages: 14-15 - Vote 1: adoption, likely final - Action: 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 ### File 130745: Ground Lease - 1100 Ocean Avenue, L.P. - Affordable Housing - $43,065,000 - Pages: 15 - Vote 1: adoption, likely final - Action: 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 ### File 130754: Accept and Expend Grant - OneBayArea Grant Program - $17,026,221 - Pages: 15 - Vote 1: adoption, likely final - Action: 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 ### File 130711: Real Property Lease - 1740 Cesar Chavez Street - Potrero Investor I, LLC, and Potrero Investor II, LLC - $21,450 Monthly - Pages: 15-16 - Vote 1: adoption, likely final - Action: 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 ### File 130743: Agreement - Alstom Transportation, Inc. - Vendor Managed Inventory Services - Not to Exceed $39,158,000 - Pages: 16 - Vote 1: adoption, likely final - Action: 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 ### File 120966: Administrative Code - Healthy Food Retailer Incentives Program - Pages: 16 - Vote 1: first-reading - Action: 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 ### File 130712: Interim Zoning Controls - Specific Formula Retail Uses on Market Street, from 6th Street to Van Ness Avenue - Pages: 16-17 - Vote 1: adoption, likely final - Action: 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 ### File 121016: Liquor License - 3910 Geary Boulevard - Pages: 17 - Vote 1: adoption, likely final - Action: 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 ### File 130446: Liquor License Transfer - 2675 Geary Boulevard - Pages: 17 - Vote 1: adoption, likely final - Action: 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 ### File 130622: Initiative Ordinance - Administrative Code - San Francisco Family Friendly Workplace Ordinance - Pages: 17-18 - Vote 1: amendment - Action: 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 ### File 130738: Appointment, Entertainment Commission - Naomi Akers - Pages: 18 - Vote 1: approval, likely final - Action: 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 ### File 130669: Hearing - Special Assessment of Liens for Assessment of Cost - Pages: 18-19 ### File 130670: Special Assessment of Liens for Assessment of Cost - Pages: 19-20 - Vote 1: amendment - Action: 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 - Vote 2: adoption, likely final - Action: 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 - Vote 3: other - Action: 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 ### File 130721: Public Hearing - Appeal of Determination of Exemption from Environmental Review - 4216 California Street - Pages: 20 ### File 130722: Affirming the Exemption Determination - 4216 California Street - Pages: 20-21 - Vote 1: approval, likely final - Action: 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 ### File 130723: Reversing the Exemption Determination - 4216 California Street - Pages: 21 - Vote 1: tabling - Action: 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 ### File 130724: Preparation of Findings to Reverse the Exemption Determination - 4216 California Street - Pages: 21 - Vote 1: tabling - Action: 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 ### File 130725: Public Hearing - Appeal of Conditional Use - 4216 California Street - Pages: 21-22 ### File 130726: Approving the Conditional Use Authorization Decision - 4216 California Street - Pages: 22 - Vote 1: approval, likely final - Action: 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 ### File 130727: Disapproving the Conditional Use Authorization Decision - 4216 California Street - Pages: 22 - Vote 1: tabling - Action: 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 ### File 130728: Preparation of Findings Related to the Conditional Use Authorization - 4216 California Street - Pages: 22 - Vote 1: tabling - Action: 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 ### File 130520: Liquor License Transfer - 810 Mission Street - Pages: 22-23 - Vote 1: adoption, likely final - Action: 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 ### File 130756: Major Street Encroachment - Chinese Hospital - 835 Jackson Street - Pages: 23 - Vote 1: adoption, likely final - Action: 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 ### File 130748: Greater Transparency for the Kaiser Healthcare Rate Increase and Urging the California State Legislature to Pass Senate Bill 746 - Pages: 24 ### File 130768: Cayuga Park Day - August 17, 2013 - Pages: 24 ### File 130769: Multifamily Housing Revenue Bonds - Western Park Apartments - 1280 Laguna Street - Not to Exceed $35,000,000 - Pages: 24-25 ### File 130770: Endorsing the 2013 Annual Language Access Ordinance Compliance Report - Pages: 25 ### File 130771: Cabrillo Playground Day - August 3, 2013 - Pages: 25 ### File 130760: Final Map 7378 - 2200-2210 Market Street - Pages: 25 ### File 130761: Final Map 6333 - 178 Townsend Street - Pages: 25-26 - Vote 1: approval, likely final - Action: 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 ### 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: 26 - Vote 1: amendment - Action: 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 - Vote 2: approval, likely final - Action: Motion No. M13-106 APPROVED AS AMENDED by the following vote: - Ayes: Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee ### File 130804: Supporting the Historic Marcus Books-Jimbo's Bop City Building - Pages: 27 - Vote 1: adoption, likely final - Action: 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 ### File 130041: Planning Code - Conversion, Demolition, Merger, and Conformity of Residential Uses - Pages: 27-28 ### File 130780: Setting Property Tax Rate and Establishing Pass-Through Rate for Residential Tenants - FY2013-2014 - Pages: 28 ### File 130781: Administrative Code - Special Tax Financing Law - Pages: 28 ### File 130782: Building, Housing Codes - Mandatory Seismic Retrofit Program - Wood-Frame Buildings - Pages: 28 ### File 130783: Planning Code - Nonconforming Uses: Enlargement, Alteration or Reconstruction - Pages: 28-29 ### File 130784: Business and Tax Regulations Code - Miscellaneous Changes - Pages: 29 ### File 130785: Administrative Code - Family Friendly Workplace Ordinance - Pages: 29 ### File 130786: Fire Code - Repealing, Replacing, and Amending - Pages: 29-30 ### File 130787: Administrative Code - Timelines and Procedures for Releasing Open Data - Pages: 30 ### File 130788: Planning Code - Expanding Formula Retail Controls - Pages: 30 ### File 130789: Health Code - Licensing and Regulation of Massage Establishments and Practitioners - Pages: 30 ### File 130790: Business and Tax Regulations, Police Codes - Renting Parking Spaces at Residential Properties to Non-Residents - Pages: 30-31 ### File 130791: Supporting the Accessible Parking Policy Advisory Committee to Increase Access to Parking for People with Disabilities - Pages: 31 ### File 130794: Disposition and Development Agreement - Golub Real Estate and Mercy Housing - 280 Beale Street (Transbay Block 6) - $30,000,000 - Pages: 31 ### File 130795: Hearing - Economic Impact of City College of San Francisco - Pages: 31 ### File 130796: Hearing - Double Parking in San Francisco - Pages: 31-32 ### File 130695: Settlement of Lawsuit - Larry Jacobs - $175,000 - Pages: 32 ### File 130696: Settlement of Lawsuit - Jessica Orozco - $50,000 - Pages: 32 ### File 130697: Settlement of Lawsuit - Andrew Melomet - $40,000 - Pages: 32 ### File 130757: Settlement of Lawsuit - Joseph P. Cuviello, Deniz Bolbol, and Alex Felsinger - $180,000 - Pages: 32-33 ### File 130758: Settlement of Lawsuit - Ana Pichardo - $50,000 - Pages: 33 ### File 130759: Settlement of Lawsuit - Bank of America N.A. - $975,000 - Pages: 33 ### File 130755: Settlement of Claim - Beth Mondry - $175,000 - Pages: 33-34 ## Extracted text ### [Page 1](https://sfbos.info/documents/128/2013-07-30-minutes#page-1) BOARD OF SUPERVISORS CITY AND COUNTY OF SAN FRANCISCO MEETING MINUTES Tuesday, July 30, 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 1:00 PM City and School District Select Committee 4th Thursday Supervisors Kim, Avalos, Farrell, Commissioners Mendoza, 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 25 ### [Page 2](https://sfbos.info/documents/128/2013-07-30-minutes#page-2) Board of Supervisors Meeting Minutes 7/30/2013 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 2:47 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 Breed, moved to approve the Board Meeting Minutes of June 25, 2013. The motion carried by the following vote: Ayes: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee COMMUNICATIONS Supervisor Chiu apologized for the late start for the Board of Supervisors meeting, which was due to the meeting of the Transportation Authority, further announcing that the meeting of the Transportation Authority shall reconvene following the Board Meeting. There were no further communications. CONSENT AGENDA Recommendation of the Budget and Finance Sub-Committee 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. Ordinance No. 178-13 FINALLY PASSED City and County of San Francisco Page 515 Printed at 3:35 pm on 10/21/13 ### [Page 3](https://sfbos.info/documents/128/2013-07-30-minutes#page-3) Board of Supervisors Meeting Minutes 7/30/2013 Recommendations of the Land Use and Economic Development Committee 130186 [Environment Code - Repealing Yellow Pages Distribution Pilot Program] Sponsors: Chiu; Mar Ordinance amending the Environment Code by repealing Yellow Pages Distribution Pilot Program. Supervisor Mar requested to be added as a co-sponsor. Ordinance No. 179-13 FINALLY PASSED 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. Ordinance No. 180-13 FINALLY PASSED 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. Ordinance No. 181-13 FINALLY PASSED 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. Ordinance No. 182-13 FINALLY PASSED City and County of San Francisco Page 516 Printed at 3:35 pm on 10/21/13 ### [Page 4](https://sfbos.info/documents/128/2013-07-30-minutes#page-4) Board of Supervisors Meeting Minutes 7/30/2013 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. Ordinance No. 183-13 FINALLY PASSED 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) Resolution No. 281-13 ADOPTED Recommendations of the Rules Committee 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. Ordinance No. 184-13 FINALLY PASSED 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) Ordinance No. 185-13 FINALLY PASSED City and County of San Francisco Page 517 Printed at 3:35 pm on 10/21/13 ### [Page 5](https://sfbos.info/documents/128/2013-07-30-minutes#page-5) Board of Supervisors Meeting Minutes 7/30/2013 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) Ordinance No. 186-13 FINALLY PASSED 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) Ordinance No. 187-13 FINALLY PASSED 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) Ordinance No. 188-13 FINALLY PASSED 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) Ordinance No. 189-13 FINALLY PASSED 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: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee City and County of San Francisco Page 518 Printed at 3:35 pm on 10/21/13 ### [Page 6](https://sfbos.info/documents/128/2013-07-30-minutes#page-6) Board of Supervisors Meeting Minutes 7/30/2013 REGULAR AGENDA UNFINISHED BUSINESS From the Budget and Finance Sub-Committee Without Recommendation 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: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee Recommendation of the Land Use and Economic Development Committee 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: 6 - Chiu, Cohen, Farrell, Mar, Tang, Wiener Noes: 5 - Avalos, Breed, Campos, Kim, Yee City and County of San Francisco Page 519 Printed at 3:35 pm on 10/21/13 ### [Page 7](https://sfbos.info/documents/128/2013-07-30-minutes#page-7) Board of Supervisors Meeting Minutes 7/30/2013 From the Land Use and Economic Development Without Recommendation 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: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee 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: 10 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener Excused: 1 - 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: 9 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Mar, Tang, Wiener Excused: 2 - 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: 9 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Mar, Tang, Wiener Excused: 2 - Kim, Yee City and County of San Francisco Page 520 Printed at 3:35 pm on 10/21/13 ### [Page 8](https://sfbos.info/documents/128/2013-07-30-minutes#page-8) 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: 10 - Avalos, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee Excused: 1 - 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: 9 - Avalos, Campos, Chiu, Farrell, Kim, Mar, Tang, Wiener, Yee Excused: 2 - 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: 9 - Avalos, Campos, Chiu, Farrell, Kim, Mar, Tang, Wiener, Yee Excused: 2 - Breed, Cohen NEW BUSINESS Recommendations of the Budget and Finance Committee 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: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee City and County of San Francisco Page 521 Printed at 3:35 pm on 10/21/13 ### [Page 9](https://sfbos.info/documents/128/2013-07-30-minutes#page-9) Board of Supervisors Meeting Minutes 7/30/2013 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: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee 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: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee 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: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee 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: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee City and County of San Francisco Page 522 Printed at 3:35 pm on 10/21/13 ### [Page 10](https://sfbos.info/documents/128/2013-07-30-minutes#page-10) Board of Supervisors Meeting Minutes 7/30/2013 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: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee 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: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee 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: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee 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: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee City and County of San Francisco Page 523 Printed at 3:35 pm on 10/21/13 ### [Page 11](https://sfbos.info/documents/128/2013-07-30-minutes#page-11) Board of Supervisors Meeting Minutes 7/30/2013 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: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee 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: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee 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: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee 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: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee City and County of San Francisco Page 524 Printed at 3:35 pm on 10/21/13 ### [Page 12](https://sfbos.info/documents/128/2013-07-30-minutes#page-12) Board of Supervisors Meeting Minutes 7/30/2013 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: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee 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: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee 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: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee 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: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee City and County of San Francisco Page 525 Printed at 3:35 pm on 10/21/13 ### [Page 13](https://sfbos.info/documents/128/2013-07-30-minutes#page-13) Board of Supervisors Meeting Minutes 7/30/2013 130709 [Refunding Certificates of Participation, Series 2013 - Not to Exceed $236,000,000] Sponsors: Mayor; Farrell Resolution authorizing the execution and delivery of Refunding Certificates of Participation, Series 2013 (Capital Projects) in one or more series in an aggregate principal amount not to exceed $236,000,000 to refinance in whole or in part certain certificates of participation the proceeds of which financed or refinanced various capital improvement projects of the City; approving the form of a Trust Agreement (including certain indemnities contained therein) between the City and the Trustee to be named therein; approving the form of four separate Facilities Leases between 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: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee 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: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee City and County of San Francisco Page 526 Printed at 3:35 pm on 10/21/13 ### [Page 14](https://sfbos.info/documents/128/2013-07-30-minutes#page-14) Board of Supervisors Meeting Minutes 7/30/2013 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: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee 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: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee 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: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee City and County of San Francisco Page 527 Printed at 3:35 pm on 10/21/13 ### [Page 15](https://sfbos.info/documents/128/2013-07-30-minutes#page-15) Board of Supervisors Meeting Minutes 7/30/2013 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: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee 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: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee From the Budget and Finance Committee Without Recommendation 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: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee City and County of San Francisco Page 528 Printed at 3:35 pm on 10/21/13 ### [Page 16](https://sfbos.info/documents/128/2013-07-30-minutes#page-16) Board of Supervisors Meeting Minutes 7/30/2013 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: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee Recommendations of the Land Use and Economic Development Committee 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: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee 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: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee City and County of San Francisco Page 529 Printed at 3:35 pm on 10/21/13 ### [Page 17](https://sfbos.info/documents/128/2013-07-30-minutes#page-17) Board of Supervisors Meeting Minutes 7/30/2013 Recommendations of the Neighborhood Services and Safety Committee 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: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee 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: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee Recommendations of the Rules Committee 130622 [Initiative Ordinance - Administrative Code - San Francisco Family Friendly Workplace Ordinance] Sponsors: Chiu; Cohen, Mar, Campos and Yee Motion ordering submitted to the 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: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee City and County of San Francisco Page 530 Printed at 3:35 pm on 10/21/13 ### [Page 18](https://sfbos.info/documents/128/2013-07-30-minutes#page-18) Board of Supervisors Meeting Minutes 7/30/2013 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: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee Supervisor Cohen was noted absent at 2:54 p.m. and noted present at 3:10 p.m. SPECIAL ORDER 2:30 P.M. - Recognition of Commendations Privilege of the Floor Supervisor Tang, seconded by Supervisor Yee, 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 the following vote: Ayes: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee Supervisor Tang introduced, welcomed, and presented a Certificate of Honor to William Sifferman, Chief Probation Officer, in recognition of his accomplishments, and for his distinquished service to the City and County of San Francisco upon his retirement. Supervisors Campos, Avalos, Mar, and Chiu shared in this commendation. SPECIAL ORDER 3:00 P.M. Board of Supervisors Sitting as a Committee of the Whole 130669 [Hearing - Special Assessment of Liens for Assessment of Cost] Hearing of persons interested in or objecting to the proposed Resolution confirming report of Delinquent Charges for Code Enforcement cases with delinquent assessment of costs, and fees pursuant to the provisions of 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 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) The President inquired as to whether any member of the public wished to address the Board relating to assessments as referenced in File No. 130670. Alan Davison and John Gershwin (Department of Building Inspection) provided an overview of the assessments and responded to questions raised throughout the discussion. Ron Mendovar (1267 Rhode Island Street); spoke objecting to the proposed assessments. Douglas Yepp; spoke neither in support nor objection to the assessments. Supervisors Wiener, Breed, Avalos, and Campos inquired about 135 Buelah Street and various other properties within their respective districts. There were no other speakers. The President declared public comment closed, adjourned as the Committee of the Whole, and reconvened as the Board of Supervisors. HEARD AND FILED City and County of San Francisco Page 531 Printed at 3:35 pm on 10/21/13 ### [Page 19](https://sfbos.info/documents/128/2013-07-30-minutes#page-19) Board of Supervisors Meeting Minutes 7/30/2013 Committee of the Whole Adjourn and Report 130670 [Special Assessment of Liens for Assessment of Cost] Resolution confirming report of delinquent charges for code enforcement cases with delinquent assessment of costs, and fees pursuant to the provisions of 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, Section 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. (Building Inspection Department) Alan Davison (Department of Building Inspection) indicated that the following addresses be removed from the accompanying report due to recent resolution or receipt of payment: 3527-18th St.; 3560-21st St.; 2830-22nd St.; 1251-24th Ave.; 2337-25th St.; 18 to 20-30th St.; 2067-43rd Ave.; 2095-46th Ave.; 277 Arlington St.; 653 Bay St.; 653-667 Bay St.; 722 Brannan St.; 25 Brompton St.; 300 Buchanan St.; 611 Burrows St.; 606V Capp St.; 1466-1468 Chestnut St.; 601 Columbus Ave.; 720 Columbus Ave.; 370 De Haro St.; 120 Dolores St.; 2512-16 Folsom St.; 542 Geary St.; 1060 Golden Gate Ave.; 90 Golden Gate Ave.; 735-739 Greenwich St.; 587 Haight St.; 1363 Hampshire St.; 1380 Hampshire St.; 2345 Harrison St.; 557 Howard St.; 625 Hyde St.; 179 Julian St.; 179 Julian St.; 355 Laguna St.; 2335 Larkin St.; 729 Mason St.; 22 Meda Ave.; 37 Mirabel Ave.; 2374 Mission St.; 936 Mission St.; 223 Monterey Bl.; 1359 Oak St.; 2027-2031 Oak St.; 217 Onondaga Ave.; 3927 Pacheco St.; 1087 Palou Ave.; 1526 Palou Ave.; 314 Park St.; 2815 Polk St.; 1325 Portola Dr.; 455 Ramsell St.; 1479 Revere Ave.; 1537 Revere Ave.; 148 San Juan Ave.; 141 Seville St.; 1286-1292 South Van Vess Ave.; 342 Sussex St.; 928 Toland St.; 1108 Treat Ave.; 984 Valencia St.; 219 Whitney St.; 365 Wilde Ave.; 1760 Yosemite Ave.; 822 Arkansas Street; 130 Buelah Street; 51 Linda Street; 48 Majestic Avenue; 583 Maple Street; 172 Raymond Avenue; 379 Vienna Street. The amendments to the accompanying report, as provided by the Department of Building Inspection, included in File No. 130670. Supervisor Kim, seconded by Supervisor Mar, moved to receive the amendments to the accompanying report. The amendments were accepted without objection. Supervisor Wiener, seconded by Supervisor Avalos, moved that this Resolution 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: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee Resolution No. 280-13 ADOPTED AS AMENDED, after accepting the amendments to the accompanying report, by the following vote: Ayes: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee City and County of San Francisco Page 532 Printed at 3:35 pm on 10/21/13 ### [Page 20](https://sfbos.info/documents/128/2013-07-30-minutes#page-20) 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: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee SPECIAL ORDER 3:00 P.M. 130721 [Public Hearing - Appeal of Determination of Exemption from Environmental Review - 4216 California Street] Hearing of persons interested in or objecting to the Planning Commission's determination dated June 6, 2013, that the project located at 4216 California Street (Assessor’s Block No. 1364, Lot No. 019) is exempt from environmental review under the California Environmental Quality Act (CEQA); the proposed work involves removing an existing micro-site and installing a wireless telecommunications services facility consisting of up to nine panel antennas on the roof behind radio-frequency transparent screen walls with equipment located within a ground floor storage area of an existing medical office building as part of AT&T Mobility’s Wireless telecommunications network within a NC-1 (Neighborhood Commercial - Cluster) Zoning District and a 40-X Height and Bulk District. (District 2) (Appellant: Wendy Aragon, on behalf of the Richmond District Democratic Club) (Filed July 8, 2013). (Clerk of the Board) The President inquired as to whether any member of the public wished to address the Board. Doug Loranger (Appellant) provided an overview of the appeal, responded to questions raised throughout the discussion, and further requested the Board to approve the appeal. Eunice Zoon; Anastasia; Debra Malta; Vince Malta; Van; Wendy Porta; Wayne Fromage; Dr. Kenneth Feirman; Sherry Pearman; Joan Minion; Charles Dalwin; Steven Krolik; Jackson Kent; Ann Shay; Dr. Ma; L.P. Karp; spoke in support of the appeal. AnMarie Rodgers, Omar Masry, and Joy Navarrete (Planning Department) provided an overview of the decision of the Planning Department and responded to questions raised throughout the discussion. Mark Blake (Project Sponsor) provided an overview of the project, responded to questions raised throughout the discussion, agreed to a voluntary modification relating to raising the height from 6" to 18" for the building permit, and further requested the Board to uphold the decision of the Planning Commission. Martin Fried; Linda Hong; David Elliott Lewis; Beth Upsteen; David O'Jaleen; spoke in support of the project and in opposition to the appeal. Doug Loranger (Appellant) provided a rebuttal and further requested the Board to approve the appeal. There were no other speakers. The President declared the public hearing closed. HEARD AND FILED 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: 10 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Tang, Wiener, Yee Noes: 1 - Mar City and County of San Francisco Page 533 Printed at 3:35 pm on 10/21/13 ### [Page 21](https://sfbos.info/documents/128/2013-07-30-minutes#page-21) Board of Supervisors Meeting Minutes 7/30/2013 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: 10 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Tang, Wiener, Yee Noes: 1 - 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: 10 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Tang, Wiener, Yee Noes: 1 - Mar SPECIAL ORDER 3:00 P.M. 130725 [Public Hearing - Appeal of Conditional Use - 4216 California Street] Hearing of persons interested in or objecting to the Planning Commission's approval on June 6, 2013, of a Conditional Use Authorization identified as Planning Case No. 2010.1034C, by its Motion No. 18898, pursuant to Planning Code Sections 303(c) and 710.83, to remove an existing micro-site and install a wireless telecommunications services facility consisting of up to nine panel antennas on the roof behind radio-frequency transparent screen walls with equipment located within a ground floor storage area of an existing medical office building, as part of AT&T Mobility’s wireless telecommunications network within a NC-1 (Neighborhood Commercial - Cluster) Zoning District and a 40-X Height and Bulk District, on property located at: 4216 California Street, Assessor’s Block No. 1364, Lot No. 019. (District 2) (Appellant: Wendy Aragon, on behalf of the Richmond District Democratic Club) (Filed July 8, 2013). (Clerk of the Board) The President inquired as to whether any member of the public wished to address the Board. Doug Loranger (Appellant) provided an overview of the appeal, responded to questions raised throughout the discussion, and further requested the Board to approve the appeal. Eunice Zoon; Anastasia; Debra Malta; Vince Malta; Van; Wendy Porta; Wayne Fromage; Dr. Kenneth Feirman; Sherry Pearman; Joan Minion; Charles Dalwin; Steven Krolik; Jackson Kent; Ann Shay; Dr. Ma; L.P. Karp; spoke in support of the appeal. AnMarie Rodgers, Omar Masry, and Joy Navarrete (Planning Department) provided an overview of the decision of the Planning Department and responded to questions raised throughout the discussion. Mark Blake (Project Sponsor) provided an overview of the project, responded to questions raised throughout the discussion, agreed to a voluntary modification relating to raising the height from 6" to 18" for the building permit, and further requested the Board to uphold the decision of the Planning Commission. Martin Fried; Linda Hong; David Elliott Lewis; Beth Upsteen; David O'Jaleen; spoke in support of the project and in opposition to the appeal. Doug Loranger (Appellant) provided a rebuttal and further requested the Board to approve the appeal. There were no other speakers. The President declared the public hearing closed. HEARD AND FILED City and County of San Francisco Page 534 Printed at 3:35 pm on 10/21/13 ### [Page 22](https://sfbos.info/documents/128/2013-07-30-minutes#page-22) Board of Supervisors Meeting Minutes 7/30/2013 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: 10 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Tang, Wiener, Yee Noes: 1 - 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: 10 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Tang, Wiener, Yee Noes: 1 - 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: 10 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Tang, Wiener, Yee Noes: 1 - Mar COMMITTEE REPORTS Recommendation of the Neighborhood Services and Safety Committee 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: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee City and County of San Francisco Page 535 Printed at 3:35 pm on 10/21/13 ### [Page 23](https://sfbos.info/documents/128/2013-07-30-minutes#page-23) Board of Supervisors Meeting Minutes 7/30/2013 Recommendation of the Land Use and Economic Development Committee 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: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee 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 Abdallah Megahed; expressed various concerns. James Chaffee; expressed concerns relating to the SF Public Library. David Wilmer; expressed concerns relating to wireless technology. Emil Lawrence; expressed various concerns relating to taxi service. Christopher Fulkerson; expressed concerns relating to taxi service. Douglas Yepp; expressed various concerns relating to investigation interference and child pornography. John; expressed various concerns relating to education. Betty Tillman; shared in poem certain concerns with the Board relating to safety of women. Katia Hawkins; expressed concerns relating to African American emergency conference. City and County of San Francisco Page 536 Printed at 3:35 pm on 10/21/13 ### [Page 24](https://sfbos.info/documents/128/2013-07-30-minutes#page-24) Board of Supervisors Meeting Minutes 7/30/2013 FOR ADOPTION WITHOUT COMMITTEE REFERENCE 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; 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. Resolution No. 311-13 ADOPTED 130768 [Cayuga Park Day - August 17, 2013] Sponsors: Avalos; Campos Resolution recognizing the grand reopening of Cayuga Park, commending the Recreation and Park Department, Department of Public Works, Arts Commission, Cayuga Improvement Association, and the entire project team for their hard work and commitment to San Francisco’s parks and its residents, and declaring August 17, 2013, as Cayuga Park Day in the City and County of San Francisco. Supervisor Campos requested to be added as a co-sponsor. Resolution No. 312-13 ADOPTED 130769 [Multifamily Housing Revenue Bonds - Western Park Apartments - 1280 Laguna Street - Not to Exceed $35,000,000] Sponsor: Breed Resolution declaring the intent of the City and County of San Francisco (City) to reimburse certain expenditures from proceeds of future bonded indebtedness; authorizing the Director of the Mayor’s Office of Housing and Community Development (Director) to submit an application and related documents to the California Debt Limit Allocation Committee (CDLAC) to permit the issuance of residential mortgage revenue bonds in an aggregate principal amount not to exceed $35,000,000 for Western Park Apartments, 1280 Laguna Street, San Francisco, California 94115; authorizing and directing the Director to direct the Controller’s Office to hold in trust an amount not to exceed $100,000 in accordance with CDLAC procedures; authorizing the Director to certify to CDLAC that the City has on deposit the required amount; authorizing the Director to pay an amount equal to such deposit to the State of California if the City fails to issue the residential mortgage revenue bonds; approving, for purposes of the Internal Revenue Code of 1986, as amended, the issuance and sale of residential mortgage revenue bonds by the City in an aggregate principal amount not to exceed $35,000,000; authorizing and directing the execution of any documents necessary to implement this Resolution; and ratifying and approving any action heretofore taken in connection with the Project (as defined herein) and the Application (as defined herein). Resolution No. 309-13 ADOPTED City and County of San Francisco Page 537 Printed at 3:35 pm on 10/21/13 ### [Page 25](https://sfbos.info/documents/128/2013-07-30-minutes#page-25) Board of Supervisors Meeting Minutes 7/30/2013 130770 [Endorsing the 2013 Annual Language Access Ordinance Compliance Report] Sponsors: Mar; Chiu and Campos Resolution endorsing "Advancing Language Access in San Francisco: Language Access Ordinance Annual Compliance Summary Report, March 2013," issued by the Office of Civic Engagement and Immigrant Affairs. Supervisor Campos requested to be added as a co-sponsor. Resolution No. 313-13 ADOPTED 130771 [Cabrillo Playground Day - August 3, 2013] Sponsor: Mar Resolution declaring August 3, 2013, Cabrillo Playground Day and celebrating the grand opening of the new Cabrillo Playground and Clubhouse in the City and County of San Francisco. Resolution No. 314-13 ADOPTED 130760 [Final Map 7378 - 2200-2210 Market Street] Motion approving Final Map 7378, a 22 Residential Unit and Two Commercial Unit, Mixed-Use Condominium Project, located at 2200-2210 Market Street being a subdivision of Assessor’s Block No. 3560, Lot No. 001, and adopting findings pursuant to the General Plan and City Planning Code, Section 101.1. (Public Works Department) Motion No. M13-104 APPROVED 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: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee City and County of San Francisco Page 538 Printed at 3:35 pm on 10/21/13 ### [Page 26](https://sfbos.info/documents/128/2013-07-30-minutes#page-26) Board of Supervisors Meeting Minutes 7/30/2013 Severed from the For Adoption Without Committee Reference Agenda Supervisor Chiu requested that File No. 130753 be severed so that it may be considered separately. 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: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee Motion No. M13-106 APPROVED AS AMENDED by the following vote: Ayes: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee IMPERATIVE AGENDA [Serious Injury Finding] Motion that the Board find that for the resolution(s) being considered at this time "the need to take action is so imperative as to threaten serious injury to the public interest if action is deferred to a later meeting." Supervisor Breed, seconded by Supervisor Campos, moved ADOPTION of the serious injury finding. The motion carried by the following vote: Ayes: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee [Brown Act Finding] Motion that the Board find by roll call vote that, for the resolution(s) being considered at this time, there is a need to take immediate action. The need to take action came to the attention of the City and County of San Francisco after the agenda was posted. Supervisor Breed, seconded by Supervisor Cohen, moved ADOPTION of the Brown Act finding. 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 539 Printed at 3:35 pm on 10/21/13 ### [Page 27](https://sfbos.info/documents/128/2013-07-30-minutes#page-27) Board of Supervisors Meeting Minutes 7/30/2013 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: 11 - Avalos, Breed, Campos, Chiu, Cohen, Farrell, Kim, Mar, Tang, Wiener, Yee 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 130041 [Planning Code - Conversion, Demolition, Merger, and Conformity of Residential Uses] Sponsor: Avalos Ordinance amending the Planning Code to revise the criteria for residential demolition, conversion, and merger and to standardize those definitions across use districts; establish a strong presumption in favor of preserving dwelling units in enforcement of Code requirements; and making environmental findings and findings of consistency with the General Plan and the eight priority policies of Planning Code, Section 101.1. 01/15/13; ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee, expires on 2/14/2013. 01/22/13; REFERRED TO DEPARTMENT. 01/22/13; RESPONSE RECEIVED. 03/12/13; REMAIN ACTIVE. 07/26/13; RESPONSE RECEIVED. 07/30/13; SUBSTITUTED AND ASSIGNED to Land Use and Economic Development Committee. City and County of San Francisco Page 540 Printed at 3:35 pm on 10/21/13 ### [Page 28](https://sfbos.info/documents/128/2013-07-30-minutes#page-28) Board of Supervisors Meeting Minutes 7/30/2013 130780 [Setting Property Tax Rate and Establishing Pass-Through Rate for Residential Tenants - FY2013-2014] Sponsor: Mayor Ordinance providing revenue and levying property taxes at a combined rate of $1.1885 on each $100 valuation of taxable property for the City and County of San Francisco, San Francisco Unified School District, San Francisco Community College District, Bay Area Rapid Transit District, and Bay Area Air Quality Management District, and establishing a pass-through rate of $0.0880 per $100 of assessed value for residential tenants pursuant to Administrative Code, Chapter 37, for the fiscal year ending June 30, 2014. (Fiscal Impact) 07/30/13; ASSIGNED UNDER 30 DAY RULE to Budget and Finance Committee. 130781 [Administrative Code - Special Tax Financing Law] Sponsors: Mayor; Tang and Wiener Ordinance to amend the Administrative Code Special Tax Financing Law, constituting Article 43.10, to authorize financing by special tax districts of work deemed necessary to bring buildings or real property, including privately owned buildings or real property, into compliance with seismic safety standards or regulations, and related technical amendments; and to establish certain procedures by which the City can make changes to a special tax district. 07/30/13; ASSIGNED UNDER 30 DAY RULE to Budget and Finance Committee. 130782 [Building, Housing Codes - Mandatory Seismic Retrofit Program - Wood-Frame Buildings] Sponsors: Mayor; Chiu, Wiener, Yee, Tang, Farrell, Breed, Mar and Cohen Ordinance amending the Building Code to modify some of the evaluation and retrofit criteria for the Mandatory Earthquake Retrofit Program and add seismic members to the Board of Examiners; amending the Housing Code to require a Report of Residential Building Record (3R Report) to include information on whether a building is included in the program and whether the required upgrade has been completed; adopting environmental findings and findings of local conditions under the California Health and Safety Code; and directing the Clerk of the Board of Supervisors to forward the legislation to specified State agencies. 07/30/13; ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee. 130783 [Planning Code - Nonconforming Uses: Enlargement, Alteration or Reconstruction] Sponsor: Avalos Ordinance amending the Planning Code to permit the enlargement, alteration or reconstruction of a dwelling or other housing structure that exceeds the permitted density of the district if dwelling units are principally permitted in the district and the enlargement, alteration or reconstruction does not extend beyond the building envelope as it existed on January 1, 2013; and making environmental findings and findings of consistency with the General Plan and the eight priority policies of Planning Code, Section 101.1. 07/30/13; ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee. City and County of San Francisco Page 541 Printed at 3:35 pm on 10/21/13 ### [Page 29](https://sfbos.info/documents/128/2013-07-30-minutes#page-29) Board of Supervisors Meeting Minutes 7/30/2013 130784 [Business and Tax Regulations Code - Miscellaneous Changes] Sponsor: Chiu Ordinance amending the Business and Tax Regulations Code by amending the Common Administrative Provisions to require monthly installment payments rather than pre-payments of hotel and parking taxes, eliminate the requirement for annual parking tax bond renewal, provide a due date for business registration fees, exclude penalties from the calculation of interest on tax determinations, add a substantial underreporting penalty for failure to file a return when the tax liability exceeds $5,000 and change the penalty for failure to register or update a registration, making misstatements in registration, failure to allow inspection of or to produce records, and failure to file a return; amending the Tax on Occupancy of Parking Space in Parking Stations to eliminate the pre-payment Revenue Control Equipment certification; amending Business Registration provisions to require a copy of the business registration certificate rather than a business tax registration tag be displayed on company vehicles, and to eliminate the Tax Collector’s authority to suspend a business registration certificate; amending the Payroll Expense Tax Ordinance to provide that interest applies to unpaid penalties but not unpaid fees and interest, and to change the date that the Office of Economic and Workforce Development must provide the Tax Collector a list of persons eligible to claim the Central Market Street and Tenderloin Area Payroll Expense Tax Exclusion; and amending Parking Stations, Revenue Control Equipment, to specify the date the Revenue Control Equipment Compliance Fee is due. (Fiscal Impact) 07/30/13; ASSIGNED UNDER 30 DAY RULE to Budget and Finance Committee. 130785 [Administrative Code - Family Friendly Workplace Ordinance] Sponsors: Chiu; Cohen, Mar, Campos, Yee, Breed and Avalos Ordinance amending the Administrative Code to allow San Francisco-based employees to request flexible or predictable working arrangements to assist with care giving 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. 07/30/13; ASSIGNED UNDER 30 DAY RULE to Rules Committee. 130786 [Fire Code - Repealing, Replacing, and Amending] Sponsors: Chiu; Farrell Ordinance repealing the current Fire Code in its entirety and replacing that code with a new 2013 San Francisco Fire Code consisting of the 2013 California Fire Code and portions of the 2012 International Fire Code, together with San Francisco amendments, with an operative date of January 1, 2014; amending the current Fire Code, Section 511.2, to exempt any building that is covered by Section 511.2 and is equipped with a fire service access elevator pursuant to California Building Code, Section 3007, from the requirement to install an air replenishment system, with an operative date of 30 days after enactment; adopting findings of local conditions pursuant to California Health and Safety Code, Section 17958.7; directing the Clerk of the Board of Supervisors to forward the legislation and associated materials to the California Building Standards Commission and State Fire Marshal; and making environmental findings. 07/30/13; ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee. City and County of San Francisco Page 542 Printed at 3:35 pm on 10/21/13 ### [Page 30](https://sfbos.info/documents/128/2013-07-30-minutes#page-30) Board of Supervisors Meeting Minutes 7/30/2013 130787 [Administrative Code - Timelines and Procedures for Releasing Open Data] Sponsor: Farrell Ordinance amending the Administrative Code to modify open data standards and set deadlines for releasing open data. 07/30/13; ASSIGNED UNDER 30 DAY RULE to Rules Committee. 130788 [Planning Code - Expanding Formula Retail Controls] Sponsor: Mar Ordinance amending the Planning Code to expand the definition of formula retail to include businesses that have eleven or more outlets worldwide, and to include businesses 50% or more owned by formula retail businesses; expand the applicability of formula retail controls to other types of retail uses; expand the notification procedures for formula retail applications; require an economic impact report as part of the formula retail conditional use application; and making environmental findings and findings of consistency with the General Plan and the eight priority policies of Planning Code, Section 101.1. (Economic Impact) 07/26/13; RESPONSE RECEIVED. 07/30/13; ASSIGNED UNDER 30 DAY RULE to Land Use and Economic Development Committee. 130789 [Health Code - Licensing and Regulation of Massage Establishments and Practitioners] Sponsors: Tang; Chiu, Kim and Yee Ordinance amending the Health Code to require massage practitioners licensed by San Francisco to wear photo identification cards when working; deny Massage Establishment permits to applicants convicted of specified crimes; to provide an appeal process for persons denied a Massage Establishment permit; to establish health and safety requirements for all Massage Establishments; to establish penalties for violations of Article 29 governing Massage Practitioners and Massage Establishments; to require notice of violations be sent to the owner(s) of property where Massage Establishments are located; and making environmental findings. 07/30/13; ASSIGNED UNDER 30 DAY RULE to Neighborhood Services and Safety Committee. 130790 [Business and Tax Regulations, Police Codes - Renting Parking Spaces at Residential Properties to Non-Residents] Sponsor: Wiener Ordinance amending the Business and Tax Regulations, Planning, and Police Codes to change the limits of Parking Tax Occupancy Simplification for residential properties by increasing, from five to 10, the number of parking spaces residential buildings may rent to non-residents and increasing the gross revenue they may earn from rent from $4,000 to $12,000 per quarter and from $15,000 to $40,000 annually; and making environmental findings and findings of consistency with the General Plan and the eight priority policies of Planning Code, Section 101.1. (Fiscal Impact) 07/30/13; ASSIGNED UNDER 30 DAY RULE to Budget and Finance Committee. City and County of San Francisco Page 543 Printed at 3:35 pm on 10/21/13 ### [Page 31](https://sfbos.info/documents/128/2013-07-30-minutes#page-31) Board of Supervisors Meeting Minutes 7/30/2013 Resolutions 130791 [Supporting the Accessible Parking Policy Advisory Committee to Increase Access to Parking for People with Disabilities] Sponsor: Chiu Resolution supporting the Accessible Parking Policy Advisory Committee recommendations to increase access to parking for people with disabilities and reduce disabled parking placard misuse. 07/30/13; RECEIVED AND ASSIGNED to Land Use and Economic Development Committee. 130794 [Disposition and Development Agreement - Golub Real Estate and Mercy Housing - 280 Beale Street (Transbay Block 6) - $30,000,000] Sponsor: Kim Resolution retroactively approving and authorizing the Office of Community Investment and Infrastructure, as Successor Agency to the San Francisco Redevelopment Agency, to enter into a Disposition and Development Agreement for the sale and development of land located at 280 Beale Street, Assessor’s Parcel No. 3738-004, commonly known as Transbay Block 6, with Golub Real Estate Corporation, an Illinois corporation, and Mercy Housing California, a California non-profit public benefit corporation beginning April 16, 2013. (Fiscal Impact) 07/30/13; RECEIVED AND ASSIGNED to Board of Supervisors. Requests for Hearing 130795 [Hearing - Economic Impact of City College of San Francisco] Sponsors: Mar; Avalos and Campos Hearing on the Economic Impact of City College of San Francisco. 07/30/13; RECEIVED AND ASSIGNED to Budget and Finance Committee. 130796 [Hearing - Double Parking in San Francisco] Sponsor: Wiener Hearing directed to the San Francisco Municipal Transportation Agency to report on the status of double parking; specifically, the City’s policy on double parking, details on how double parking impacts traffic, Muni, and bikes, and explaining current enforcement policies; and to report on citation statistics for double parking frequency, concentration, and the number of citations issued. 07/30/13; RECEIVED AND ASSIGNED to Land Use and Economic Development Committee. City and County of San Francisco Page 544 Printed at 3:35 pm on 10/21/13 ### [Page 32](https://sfbos.info/documents/128/2013-07-30-minutes#page-32) Board of Supervisors Meeting Minutes 7/30/2013 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 ORDINANCES 130695 [Settlement of Lawsuit - Larry Jacobs - $175,000] Ordinance authorizing settlement of the lawsuit filed by Larry Jacobs against the City and County of San Francisco for $175,000; the lawsuit was filed on January 27, 2011, in the California Superior Court, San Francisco Branch, Case No. CGC-11-507691, entitled Larry Jacobs v. City and County of San Francisco. (City Attorney's Office) 07/22/13; RECEIVED FROM DEPARTMENT. 07/30/13; RECEIVED AND ASSIGNED to Rules Committee. 130696 [Settlement of Lawsuit - Jessica Orozco - $50,000] Ordinance authorizing settlement of the lawsuit filed by Jessica Orozco against the City and County of San Francisco for $50,000; the lawsuit was filed on March 13, 2012, in San Francisco Superior Court, Case No. CGC-12-519124; entitled Jessica Orozco v. City and County of San Francisco, et al. (City Attorney's Office) 07/22/13; RECEIVED FROM DEPARTMENT. 07/30/13; RECEIVED AND ASSIGNED to Rules Committee. 130697 [Settlement of Lawsuit - Andrew Melomet - $40,000] Ordinance authorizing settlement of the lawsuit filed by Andrew Melomet against the City and County of San Francisco for $40,000; the lawsuit was filed on February 2, 2012, in California Superior Court, San Francisco Branch, Case No. CGC-12-518471, entitled Andrew Melomet v. City and County of San Francisco Human Services Agency; said lawsuit was removed to United States District Court for the Northern District of California, Case No. C 12-03101 EDL. (City Attorney's Office) 07/22/13; RECEIVED FROM DEPARTMENT. 07/30/13; RECEIVED AND ASSIGNED to Rules Committee. 130757 [Settlement of Lawsuit - Joseph P. Cuviello, Deniz Bolbol, and Alex Felsinger - $180,000] Ordinance authorizing settlement of the lawsuit filed by Joseph P. Cuviello, Deniz Bolbol, and Alex Felsinger against the City and County of San Francisco for $180,000 in the United States District Court for the Northern District of California, Case No. CV-12-3034-EMC; entitled Cuviello et al. v. City and County of San Francisco, et al. (City Attorney's Office) 07/18/13; RECEIVED FROM DEPARTMENT. 07/30/13; RECEIVED AND ASSIGNED to Rules Committee. City and County of San Francisco Page 545 Printed at 3:35 pm on 10/21/13 ### [Page 33](https://sfbos.info/documents/128/2013-07-30-minutes#page-33) Board of Supervisors Meeting Minutes 7/30/2013 130758 [Settlement of Lawsuit - Ana Pichardo - $50,000] Ordinance authorizing settlement of the lawsuit filed by Ana Pichardo against the City and County of San Francisco for $50,000; the lawsuit was filed on May 9, 2012, in United States District Court, Case No. C12-4042; entitled Ana Pichardo v. City and County of San Francisco, et al. (City Attorney's Office) 07/18/13; RECEIVED FROM DEPARTMENT. 07/30/13; RECEIVED AND ASSIGNED to Rules Committee. 130759 [Settlement of Lawsuit - Bank of America N.A. - $975,000] Ordinance authorizing settlement of the lawsuit filed by Bank of America N.A. against the City and County of San Francisco for $975,000; the lawsuit was filed on September 9, 2010, in San Francisco Superior Court, Case No. CGC-10-503389; entitled Bank of America N.A. v. City and County of San Francisco, et al. (City Attorney's Office) 07/18/13; RECEIVED FROM DEPARTMENT. 07/30/13; RECEIVED AND ASSIGNED to Rules Committee. PROPOSED RESOLUTION 130755 [Settlement of Claim - Beth Mondry - $175,000] Resolution approving the proposed settlement of claim filed by Beth Mondry against the City and County of San Francisco for $175,000; claim was filed on November 13, 2012. (City Attorney's Office) 07/22/13; RECEIVED FROM DEPARTMENT. 07/30/13; RECEIVED AND ASSIGNED to Rules Committee. In Memoriam Alice Ross Carey - Supervisor David Campos City and County of San Francisco Page 546 Printed at 3:35 pm on 10/21/13 ### [Page 34](https://sfbos.info/documents/128/2013-07-30-minutes#page-34) Board of Supervisors Meeting Minutes 7/30/2013 ADJOURNMENT There being no further business, the Board adjourned at the hour of 7:17 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 547 Printed at 3:35 pm on 10/21/13