Board of Supervisors Minutes: September 17, 2013

130276 [Business and Tax Regulations Code - Former Transfer Tax Review Board] Sponsor: Campos Ordinance amending the Business and Tax Regulations Code to remove provisions that refer to the former Transfer Tax Review Board that expired by operation of law on January 1, 2013. (City Attorney) PASSED ON FIRST READING by the following vote:

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

Absent: Kim

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 $1.1880 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. PASSED ON FIRST READING by the following vote:

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

Absent: Kim

130671 [Airport Concession Lease - Skyline Concessions, Inc. - $192,000 Minimum Annual Guarantee] Resolution approving the Boarding Area E Newsstand Lease, a Small Business Enterprise Set-Aside, between Skyline Concessions, Inc., and the City and County of San Francisco, acting by and through its Airport Commission for a seven year term with a minimum annual guarantee of $192,000. (Airport Commission) Resolution No. 321-13 ADOPTED by the following vote:

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

Absent: Kim

130701 [Real Property Lease Renewal - 3801-3rd Street, Suite 400 - Bayview Plaza, LLC, - $38,545 Monthly] Resolution retroactively authorizing the renewal lease for approximately 14,825 square feet of space at 3801-3rd Street, Suite 400, San Francisco, with Bayview Plaza, LLC, as Landlord, for use by the Department of Public Health at the monthly cost of $38,545 for the period of July 1, 2013, through June 30, 2018. (Real Estate Department) (Fiscal Impact) Resolution No. 322-13 ADOPTED by the following vote:

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

Absent: Kim

130708 [Accept and Expend Grant - County Enrollment Assistance 2013 - $225,000] Sponsor: Mayor Resolution retroactively authorizing the Department of Public Health to accept and expend a grant in the amount of $225,000 from Blue Shield of California Foundation to participate in a program entitled County Enrollment Assistance 2013 grant for the period of April 1, 2013, through March 31, 2014; and waiving indirect costs. Resolution No. 323-13 ADOPTED by the following vote:

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

Absent: Kim

130714 [Accept and Expend Grant - National Institutes of Health - $140,827] Sponsors: Wiener; Campos Resolution retroactively authorizing the Department of Public Health to accept and expend a grant in the amount of $140,827 from National Institutes of Health to participate in a program entitled, "A Probability-Based Survey of HIV Risk among Transmen, using a novel Sampling Method" for the period of April 1, 2013, through March 31, 2014. Supervisor Campos requested to be added as a co-sponsor. Resolution No. 324-13 ADOPTED by the following vote:

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

Absent: Kim

130729 [Agreement - County CalWIN Consortium - $53,019,909] Resolution retroactively amending the membership of the 18 County CalWIN Consortium and authorizing the Director of the Human Services Agency to expand the expenditure authority from $42,530,138 for an additional amount of $10,489,771 the project budget including this extension is totaling to $53,019,909 from July 1, 2013, through August 1, 2015. (Human Services Agency) (Fiscal Impact) Resolution No. 325-13 ADOPTED by the following vote:

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

Absent: Kim

130730 [Agreement - In-Home Supportive Services Consortium - Not to Exceed $87,321,540] Resolution retroactively approving the contract between the City and the In-Home Supportive Services (IHSS) Consortium of San Francisco for the provision of IHSS for the period of July 1, 2013, to June 30, 2017, in an amount not to exeed $87,321,540. (Human Services Agency) Resolution No. 326-13 ADOPTED by the following vote:

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

Absent: Kim

130732 [Real Property Lease - Port Commission - 295 Terry Francois - Seven Percent of Gross or $10,011.81 Monthly] Resolution approving Port Commission Lease No. L-15255 with East Street Ventures, LLC, for restaurant space located at 295 Terry Francois Boulevard in the Central Waterfront with a 180-month term with one 60-month term extension option for initial monthly rent of the greater amount of either seven percent of all gross revenue or $10,011.81. (Port) (Fiscal Impact) Resolution No. 327-13 ADOPTED by the following vote:

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

130776 [Lease - Golden Gate Park Golf Foundation - $225,000 Annual Base Rent] Resolution authorizing the General Manager of the Recreation and Park Department to execute a five-year lease, with one two-year option to extend, with the Golden Gate Park Golf Foundation, for the management and operation of the clubhouse and golfing operations at Golden Gate Park Golf Course, with an annual base rent of $225,000. (Recreation and Park Department) Resolution No. 329-13 ADOPTED by the following vote:

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

130825 [Apply for, Accept, and Expend Fund - Transportation Security Administration Other Transaction Agreement - Not to Exceed $59,429,406] Sponsor: Mayor Resolution approving the Airport Commission’s negotiation and execution of an Other Transaction Agreement with the Transportation Security Administration for the Terminal 1 Checked Baggage Inspection System Modernization Program for a five-year term in an amount not to exceed $59,429,406 and approving the acceptance and expenditure of Federal funds. Resolution No. 320-13 ADOPTED by the following vote:

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

130646 [Planning Code - Mixed Use Office District] Ordinance amending the Planning Code, Section 842 and 842.49, of the Zoning Control Table, to permit a tourist hotel without a specified room limit in a Mixed Use Office District in height districts that are 105 feet and above with a Conditional Use authorization; 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. (Planning Commission) PASSED, ON FIRST READING by the following vote:

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

130672 [Transportation Code - Disabled Parking Placard or License Plate Restrictions] Sponsor: Chiu Ordinance amending the Transportation Code, Division I, to prohibit, on any street, alley, or portion of a street or alley, or in any municipal or private parking facility, the parking of a vehicle displaying a disabled parking placard or special license plate, in order to obtain special parking privileges, that has been reported as lost, stolen, surrendered, canceled, revoked, expired, or issued to a person who has been reported as deceased for a period exceeding sixty days; is not being used to transport, and is not in the reasonable proximity of, the person to whom the license plate or placard was issued or a person who is authorized to be transported in the vehicle displaying that placard or license plate; or is counterfeit, forged, altered, or mutilated. PASSED, ON FIRST READING by the following vote:

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

130706 [Administrative Code - Residential Rent Ordinance, Tenant Financial Hardship Applications for Relief from Landlord Passthrough of Capital Improvement Costs] Sponsors: Mayor; Chiu, Kim, Mar, Campos and Breed Ordinance amending the Administrative Code to provide standards for Residential Tenant Financial Hardship Applications seeking relief from landlord passthrough of capital improvement costs to a tenant, and procedures for reviewing and deciding the applications; and to require the Rent Board to provide notice to tenants regarding financial hardship application procedures, when a landlord applies for certification of capital improvement costs. Supervisor Chiu, seconded by Supervisor Mar, moved that this Ordinance be AMENDED on Page 2, Lines 2-4, by replacing 'for a period of 60 days from the date of filing, and the stay shall be extended if the Board accepts the application for hearing' with 'from the date of filing until a decision is made on the Tenant Financial Hardship Application'. The motion carried by the following vote:

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

PASSED ON FIRST READING AS AMENDED by the following vote:

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

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. PASSED, ON FIRST READING

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

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. PASSED, ON FIRST READING by the following vote:

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

130764 [Administrative Code - Due Process for All Ordinance on Civil Immigration Detainers] Sponsors: Avalos; Breed, Campos, Chiu, Cohen, Kim, Mar and Yee Ordinance amending the Administrative Code, by adding Chapter 12I, to prohibit law enforcement officials from detaining individuals on the basis of a civil immigration detainer after they become eligible for release from custody. Supervisor Kim, seconded by Supervisor Cohen, moved that this Ordinance be CONTINUED ON FIRST READING to September 24, 2013. The motion carried by the following vote:

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

130775 [Liquor License Transfer - 6333 Geary Boulevard] Resolution determining that the transfer of a Type 21 off-sale general license from 701 Fillmore Street to 6333 Geary Boulevard (District 1), to Patrick Davis for Grocery Outlet Inc., dba Grocery Outlet, 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. 328-13 ADOPTED by the following vote:

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

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) Resolution No. 330-13 ADOPTED by the following vote:

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

130819 [Approving Planning Commission’s Decision Related to the Conditional Use Authorization - 3771 and 3781 Cesar Chavez Street] Motion approving the decision of the Planning Commission by its Motion No. 18930, approving a Conditional Use Authorization identified as Planning Case No. 2013.0259CV on property located at 3771 and 3781 Cesar Chavez Street, and adopting findings pursuant to Planning Code Section 101.1. (Clerk of the Board) Supervisor Wiener, seconded by Supervisor Mar, moved that this Motion be TABLED. The motion carried by the following vote:

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

130820 [Disapproving Planning Commission’s Decision Related to the Conditional Use Authorization - 3771 and 3781 Cesar Chavez Street; Approving the Conditional Use as Modified by the Board of Supervisors] Motion disapproving the decision of the Planning Commission by its Motion No. 18930, approving a Conditional Use Authorization identified as Planning Case No. 2013.0259CV on property located at 3771 and 3781 Cesar Chavez Street, and adopting findings pursuant to Planning Code Section 101.1. (Clerk of the Board) Supervisor Wiener, seconded by Supervisor Mar, moved that this Motion be AMENDED, AN AMENDMENT OF THE WHOLE BEARING NEW TITLE. The motion carried by the following vote:

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

City and County of San Francisco Page 587 Printed at 1:55 pm on 10/24/13 Board of Supervisors Meeting Minutes 9/17/2013 Motion 1) disapproving decision of the Planning Commission by its Motion No. 18930, approving Conditional Use Authorization identified as Planning Case No. 2013.0259CV on property located at 3771 and 3781 Cesar Chavez Street; 2) approving the Conditional Use on property located at 3771 and 3781 Cesar Chavez Street subject to the conditions set forth in Planning Commission Motion No. 18930, as modified by the Board of Supervisors on September 17, 2013, and subject to additional conditions imposed by the Board of Supervisors on September 17, 2013; and 3) adopting findings of consistency with the General Plan and the Priority Policies in Planning Code Section 101.1. (Clerk of the Board) Motion No. M13-111 Supervisor Wiener, seconded by Supervisor Mar, moved that this Motion be APPROVED AS AMENDED. The motion carried by the following vote:

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

130821 [Preparation of Findings Related to the Conditional Use Authorization - 3771 and 3781 Cesar Chavez Street] Motion directing the Clerk of the Board to prepare findings relating to the proposed Conditional Use Authorization identified as Planning Case No. 2013.0259CV on property located at 3771 and 3781 Cesar Chavez Street. (Clerk of the Board) Motion No. M13-112 Supervisor Wiener, seconded by Supervisor Mar, moved that this Motion be APPROVED. The motion carried by the following vote:

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

130762 [Memorandum of Understanding, Amendment No. 5 - San Francisco Police Officers’ Association (Units P-1 & P-2A)] Sponsor: Mayor Ordinance adopting and implementing Amendment No. 5 to the 2007-2015 Memorandum of Understanding between the City and County of San Francisco and the San Francisco Police Officers’ Association (Units P-1 & P-2A) by implementing specified terms and conditions of employment for FYs 2013-2014, 2014-2015, 2015-2016, 2016-2017, and 2017-2018. PASSED, ON FIRST READING by the following vote:

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

130763 [Memorandum of Understanding, Amendment No. 5 - San Francisco Police Officers’ Association (Unit P-2B)] Sponsor: Mayor Ordinance adopting and implementing Amendment No. 5 to the 2007-2015 Memorandum of Understanding between the City and County of San Francisco and the San Francisco Police Officers’ Association (Unit P-2B) by implementing specified terms and conditions of employment for FYs 2013-2014, 2014-2015, 2015-2016, 2016-2017, and 2017-2018. PASSED, ON FIRST READING by the following vote:

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

130848 [Final Map 7341 - 1 Capitol Avenue] Motion approving Final Map 7341, a 29 Lot Subdivision Project, located at 1 Capitol Avenue, being a subdivision of Assessor’s Block No. 7148, Lot No. 040, and adopting findings pursuant to the General Plan, and Planning Code, Section 101.1. (Public Works Department) Motion No. M13-113 APPROVED The foregoing items were acted upon by the following vote:

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

130829 [Urging the Public Utilities Commission to Set Not-to-Exceed Rates for CleanPowerSF Without Any Further Delay] Sponsors: Breed; Avalos, Mar and Campos Resolution reiterating the Board of Supervisor’s support for CleanPowerSF, citing the Board’s role as the preeminent policymaking body in San Francisco, urging the Public Utilities Commission to set not-to-exceed rates for CleanPowerSF without any further delay, and promising further action if the Public Utilities Commission fails to set rates. Resolution No. 331-13 ADOPTED by the following vote:

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

Noes: Farrell, Tang

130870 [Supporting Assembly Bill 1263 - Medi-Cal: CommuniCal - Reliable Access to Language Interpretation for Medi-Cal Beneficiaries] Sponsors: Campos; Avalos and Chiu Resolution urging the California State Legislature to pass Assembly Bill 1263, which creates “Medi-Cal: CommuniCal,” a program that provides reliable access to language interpretation for Medi-Cal beneficiaries who are limited English proficient. Supervisor Chiu requested to be added as a co-sponsor. Resolution No. 332-13 ADOPTED by the following vote:

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